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HomeMy WebLinkAbout1998-10-19 (Regular) Meeting Agenda- • • ORDINANCE • • . • ' REGULAR CITY COUNCIL MEETING OCTOBER 19, 1998 RESOLUTION I 96, 97, 98, 99, 100, 101, 102, 103 ,.. " - ' I • . ' ' • ... 0 • •· • 0 ' 2 I • • I. Call to Order • • • ENGLEWOOD CllY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO lleplarSelliN 0cWier 1,, 1"8 The regular meeting of the Englewood Cily Council was calied to order by Mayor Bums at 7:57 p.m. 2. The invocation was given by Council Member NabhoJz. 3. Pledae a1 Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4. RollCall Present: Absent: Council Members Nabholz, Oapp, Garrett. B11111sbaw, Habeaicbt, Waggoner, Bums A quorum was prcsenL None Also present : Cily Manager Sears Cily Attorney Brotzman Cily Clerk Ellis Dira:tor Black Open S,-cc Manager Lee Crime Pre\oention Off"icer Peterson Engineering SpcciaJ Project Coordinator Henderson ••••• Mayor Bums !hanked eve,yone for their patience, as they had a few things on their Study Session Agenda that they were wiaware of, and so they are running a little bit late. He said they appn,ciate everyone being here . 5. Ml•ta (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or 111E REGULAR MEETING or OCTOBER 5, 1991. Motion carried. Ayes : Council Members Nabholz, Garrett. Bllldshaw. Habenicht, Waggoner, Clapp, Bums Nays : None (b) COUNCIL MEMBER IIAaENICBT MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE SPECIAL SESSION or OCTOHR 12, 1991. Ayes : Council Members Nabbolz, 0amn, Bllldshaw, Habenicht, Waggoner, Clapp, Bums . . . , • . • -- • • 0 l • • • • Eaclewood City C.IICil Octelier 19, 1'91 P.2 Mocion carried. Nays: None (a) Director Black advised lhat tonight they wanted to recogniz.c two very spc:cial gioups. First, he said he wanted to recogniz.c the City's Adopt-A-Garden Volunteers. They have worked through out the City and we have flower gardens, he said, not only in the parks. but in other locations through out the City. Mayor Bums, Director Black and Open Space Manager Lee praclUd a Certificate of Appreciation and a photo of their flower garden to: Bernard E. Sterrett Sharon Weiss Donna Angel Barbara Maninez Mrs. Jeny Peny Mayor Bums rcoogniz.ed the following volunteers who were not present Cbclyl Wagner, Cottonwood Community Alternative Laurel Warner. Coctonwood Community Altcmalive Chris Cartton. Cottonwood Cooimunity Altemalive Krissy Killmer, Cottonwood Community Alternative Tom Angel Anita Folk, Developmental Pathways Nancy Gundcrlock Pam Allred, Uln Legs Hosiery and Lingerie Outlet Melisa Barps Cbclyl Brandt Mike Campbell SueCbut Lisa Clayburg June Hawkins Tricia l..angoo. Clean, Green and Proud Commission Linda Mutz Randy Penn Suanne Pollard Jane Schmackenberg Director Black noted that he thought this list of volunteers demonstrates the number of volunteers we have in the community lhal really bring something spc:cial , not only lo their department, but lo the City as well. He staled they are really appreciated. Director Black explained lhal the other program they wanted to recognae tonight, was brought 10 their attenlion by Nancy Peterson. There was some graffiti II some of the drainage areas al Rotolo Park and there was a group in lhal community lha1 approached Off"icer Peterson and they were rcfem:d lo the Parts and Recreation Depanmcn1. Mr. Black advised lhat they talked lo the Parts and Recreation Commission and presented a proposal lo paint a mwal up under there and this went on for several weekends . He noted that, for those who haven't seen it, ii is just absolutely gorgeous. ' ' ' • • ' • 0 , • • l·Jlll~flfl-; l(llJ-JJ~!IJ'1Jfll1~J''l I iff I !I !ff · llf ie:• 11 11 1 • .• 11 1 11 1 . f tr& 1 t11 r , 1 :l i]l,,·ili!f.~! 1r ~ff l!P1!lf :f(}1!1ii= I J: ~""~.J J ~en~ fi ii hr!It bi: l(jl{i I f f I sl)i "fir I· I · i l1:f,1Jtl1'~fi !f1'ltiilt1I!1·1[1t![,i I I! I 1' I ·J f Ji ~ l., I I Ir(~ ill! s ~ a.; i I~ I if l I r1. • a. a. . f I I' f I J Ii I' I tJ'. fl a. f .. , I~.· 11 i f! II I Ii i'I~ 1flrt Jjf if ·1111'1(rfi f I EJ I 1hii 141i1i h11 1i1il.1 1n1 1uH1 I ,f f 1 1·. 'If a.I l ! t t . a. g: I ., ~ 1 · If 'JI Ji · 1 JI a. ~;: 11-J s -1l~r · 1--J · i ir •. .; ,iJ1l1~11, 1 1li!ll1ftl1l 1J1111!1 I !! 1~ tl!fl(tJ1·I 'ij'I •rf:1,1~1·=f!I I· tJ a i I r i I r al · e·i f I . f 1 -• • ... 0 • r I I .. •. ~ . ~ • ~ • - £a&lewood City Coucil OdNer "· 1'91 ...... • • • households, and institutions (pension funds, church and hospital funds. ICbool eodowmcall, and trade unions) an: n:cciving their IIIOlllhly and qumtaty rq,orts in the mail lhowing lams with more to come. Is the Clinton AdminiSIJalion pRPM'Cld to handle Ibis filWICial blowout? Tbc -is DO. Tbc ClinlOa Adminismlion, which is dnltcncd with. CIOUp d'Clal by the fiamicial illlelall bellind Newt GinaJicb and Kenneth Starr, is llill nat telling the 1111111 allout the economy. Will Alan Gleempm's Fcdaal Racm: bail you out, as it bailed out Gleemplll's Fcdaal Rescr\'C bail you out. as it bailed out Glecmpm's aonics at the Long Tam Capital ~ Wac filad earlier Ibis IIICllllh? Tbc -is DO. GrClenspaa is c1espcratc1y lowering intaat 1a1c1, to 11y io bail out some IIIOl'C m his auaics w11o an: a11out io go belly up. He is like the characlcr in the mcwic Titanic, who lqed the captain to sail full-.,c,d ahead imo die iceberg, and then muck OIIIO a lifdloat, but then, oacc safely away from the-,, pulled the sca-ax:b or the lifeboat. Tberc is only one dling you can do: lnsisa lbat Praident Climoa appoint Lyndon LaRoucbc as ccooomic advilor. Thal is why LaRouchc's action pn,pam to IOIYC the world fillMICial aisis bas been QOYcn,d in recent weeks in die Am ..... DCMplpCl (Al-Arab). pmliaed in Londoo, the Russian weekly (Ekonomicbcslla Gama). and the Mcxic:an daily (Excelsior). and why LaRouchc -rcccady praised by the prominent Russian ccoaomi&t Dr. Sergei Glazyev in an intavicw in EIR mapzinc. • So, Mr. Hayes said, wc aR faced with a silWllion or reverse-leverage where wc have to have someone in the While House to advise the Prcsiclellt bow WC an: to SUMVC, if WC UC nat going to be dc&troycd as the 13•, .... cenwry dark.. He &tiled lbat is what wc an: looking at and ii is close. He cmphasiz.ed wc uc looking at a total a,11apsc m civiliz.ation in the -ICrm. He opined lhal LaRouchc is the only one dial knows bow IO INJl"llllize this lhiDg, by calling a -Bmtoa Woods, like Roosevelt did in 1944. only with modiftodiolll m that. 'l1lal, he said, is what bas to be done. that is the only way to solve Ibis aisis or civili7.ation at this poinl ... is by doing that ... and LaRouche is the only one lhal can do it. Mr. Hayes advised that IOIDomlW they uc have their day or action here in town and the organi7.alion is doing it c:owmy wide and world wide. So, he &tated. they an: asking mcmbcn or the City Council or Englewood to sign the petition they have in front or them, 10 support the Praiclcnt in calling in Lyndon LaRouchc as his economic adviser. Mayor Bums thanlicd Mr. Hayes for his p,acnlaliotL Mr. Hayes alkcd if they could pl a iDdicalioa. Mayor Buns explaillClll lhlt Council docs nat WIC at this point in lhcir qcnda. Mr. Hayes alkcd if they could follow-up with Council on this issue. Mayor Bums advised lhal they can follow-up bowcvcr he would likc to. He pointed out dial at this point, Council just n,cci\'CS pracnlalians. 7. N• rctdaltlll vw.n <•> Officer Nancy Pa~ noted that on Augull 4. 1991 die City mEnpwood putici.-cl in the 15" Annial Natioall Niglll Out. She advised lhc had a tmn •••• 1apoarc from cw Englewood Neighborhood Waldl. willl 320 blocks participlling. Mlich * -CXlleady pn,ad of. J• a ...,_ 111D Saturday, she lllid. Ille iecciwd a lcacr from the National Ton Watdl Aax:iation ido11n4 • ... • 1R another natioall ~-So, Ille pointed out, WC have WOil two ycan iD a,-. c-iJ coepallllated omc:icr Petcnoa. Offlc:cr Pacnon advised lhal they also went oa iD die Idler to Id.I • t11at die.._ mmlbcr ever puticiplled Ibis year. it wa 31 .1 million pcaplc in 9,420 comllUlilicr from all -50 w, United Stales tcnilOricr ..a military Imes. She adviaed dllll lhcle are IIMl'II calcgoriel and• fit into category three and our size doesn't do us any favors here . Category three, Ille pointed out. is 30,000 to 100.000 population. As wc are just a little IWcr 30.000. Ille said. wc an: playing with die big boys. Bui. Officer Petcnon said. Ille was pniud to Id.I Council dllll Englewood finisbed 13• in lhal category and wc an: the oaly Colorado city that finilllcd at all . Pelcnoll Air Force bue for the milillly bue category, n,ccivcd an honorable IIIClllioa and our Nllic Scrvic:c Company or Colorado for lhcir efforts with the National Night out . So. she said. Ille -n:al pniud m that and she wanted to let Council know . Council offered their CX111gnlulations and dalked OffiCICr Peterson for her efforts. • • • 0 - • • • • -. -·-, -·· ---·---- 8. C-••katiam, Praclwatioal ud Appeiataellll (a) A lcacr m,m Mlltbew Guy indicaling his lesignllioa fium die Wlll:r llld Sewer Baanl -ClOlllidered. COUNCll. Ml:MaER aRADSBAW MOVED, AND ITWAS SECOOU. TO ACCEPT 11IE USIGNATION OF MATl'IDW GUY FROM 11IE WATER AND SEWER IIOAD. Council Member a...... .... Mr. Guy ii ..... guy •• pod ...... * llltes to lee him •. Mayor Buamqseed lbll it w a tal ic.. (b) amsiclcrm. Ayes: Couacil Memllcrl Nabllolz. CilmU. Bradlllaw. H111eaic11t. w...--. Clapp. .... Nays: None COUNcn. MEMIIER aRADSHAw MOVED, AND rr WAS SECONDED. TO APl'llOVE A PROCLAMA110N PROCLAIMING 11IE MON111 OF NOVEMal:R. a,,a AS NATIONAL HOSPICE MON111. Ayes : Nays : Molion carried. 9 ........... Council Memllcrl Nallbolz, Oamn. Bnidsbaw, Habenici., Wagoner. Clapp. Bums None No public beariag w lClleduled befDle Cclucil. 10. C--A.-. (a) COUNCll. Ml:Mal:R &Aal:NICIIT MOVED, A:·-rr WAS sa:conu. TO Al'l'IIIOVE CONSENT AGENDA ITEMS .. (a) (I), (ii), (ii) a (w) ON nllST IIIEAMNG. (i) COUNCIL BIU.. NO . 61, IN11lODUCED BY COUNCIL M1:MBER HABENICKT A BILL FOR AN ORDINANCE APPROVING AN IN'JDOOVERNMEl'ff AL AGREEMEHJ' BETWEEN nm CITY OF ENGLEWOOD. COLORADO AND nm STATE OF COLORADO, DEPAR1MENT OF PERSONNEL WHIOI ALLOWS nm CITY OF ENGLEWOOD TO PURCHASE SOFJ'W ARE FROM STATE NE0011ATED SOFJ'WARE VENDORS. (ii) COUNCIL BIU.. NO. 69, INTRODUCED BY COUNCIL M1:MBER HABENICKT A BIIJ.. FOR AN ORDINANCE AU'JllORIZINO AN AGREEMENJ' wrrH nm AMERICAN COMMONWEAl.111 MANAGEMENT SERVICES, INC. (ACMS) AND nm crrv OF ENGLEWOOD . 0 . . ., • . , • 0 - • • • • • l:19'e__. City c-.dl Octaa' ., •• ,,. ... , (iii) COUNCIL BILL NO . 65, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AU'JHORIZING AN INTERGOVERNMENTAL AGREEMENT EN'JTll.ED "DAR1MOU111 AOREEMENT" PERTAINING 1011IE DAR1MOU111 A VENUE BRIDGE BETWEEN 11IE REGIONAL TRANSPORTATION DISTRICT (R11>), 11IE BURLINGTON NOR111ERN AND SANTA FE RAILWAY COMPANY (BNSF), 111E UNION PACIFIC RAILROAD COMPANY (UP) AND 11IE CITY OF ENOLEWOOD. COLORADO. (iv) COUNCIL BILL NO. 71, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT PERTAINING 10 A LIBRARY SERVICES AND TEOINOLOOY ACT (LSTA) GRANT FROM 11IE COLORADO STATE LIBRARY AND DEPARTMENT OF EDUCATION. Ayes : Council Members Nabholz, Gama, Bnidlllnw, Habcniclll. Waggoner. Clapp, Bums Nays: None Motion carried . <b> Approval m OnlinMca on Second Reading COUNCIL MEMBER NAallOLZ MOVED, AND IT WAS SECONDED, TO Al'PllOVE CONSENT AGENDA ITEMS II~) (i). (ii), (II). (h-). (Y). (w). (wi) IN (\'iii) ON SECOND READING. (i) ORDINANCE NO . 61. SERIES OF 1991 (COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING 1Tl1.E 12. OIAPTER 2. OF 11IE ENOLEWOOD MUNICIPAL CODE 1915 PERTAINING 10 WASTEWATER tmlJTY. (ii) ORDINANCE NO. 69. SERIES OF 1991 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A SETl1.EMENT OF AND AU11IORIZING 11IE SIGNING Of DOCUMENTS FOR 11IE SETll.EMENT Of OESIN VS cny OF ENGLEWOOD, ET .AL . (iii) ORDINANCE NO . 70, SERIES Of 1998 (COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT PERTAINING 10 A LONG-TERM ECONOMIC DETERIORATION IMPLEMENTATION GRANT 10 DEMOLISH A PORTION OF 11IE PARKING STRUCTURE AT 11IE FORMER CINDERELLA CITY SrrE BE1WEEN 11IE CITY Of ENGLEWOOD, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), COLORADO ST ATE HISTORICAL SOCIETY AND 11IE ENGLEWOOD ENVIRONMENTAL FOUNDATION . (iv) ORDINANCE NO . 71 , SERIES OF 1998 (COUNCIL BILL NO. 63 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) .. ., • • 0 - • • . .. • .. . . . . ----. -· ---~--- • ., .... City Ceudl Odella' 1', 19N l'ale7 AN ORDINANCE A.U11IORIZINO A GRANT OF WATER UNE EASEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND DUROMA.C PA.RnlERSHIP FOR 11IE PURPOSE OF INSTALLING A WATER MA.IN ON A VA.CANT SrrE AT WEST EVA.NS AND SOUl1I RA.RrrAN . (v) ORDINANCE NO. 72. SERIES OF 1991 (COUNCIL BIU. NO. 64, IN11lODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE A.U'IHORIZING A ORA.NI' OF WATER UNE EASEMENT BETWl!EN 11IE arY OF ENGLEWOOD, CXll .Qll~ A.ND RALPH VANDEil HORST FOR 11IE PURPOSE OF INST A.lJ.INO A WATER MA.IN ON A VA.CANT SITE AT WEST ADRIATIC A.ND SOUl1I RARITAN. (vi) ORDINANCE NO. 73 , SERIES OF 1991 (COUNCIL BIU. NO. 66. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE FIXING 11IE TAX LEVY IN MIU.5 UPON EA.QI DOLLAR OF 11IE ASSESSED VALUATION OF A.LL TA.XA.BLE PROPl!RTY WITHIN 11IE CITY OF ENGLEWOOD, COLORADO, A.ND ESTA.BUSHING A MILL LEVY FOR 11IE ENGLEWOOD DOWNTOWN DEVELOPMENT A.Ul'IIOIUTY. (vii) ORDINANCE NO. 'U, SERIES OF 1991 (COUNCIL BDJ. NO. 67, INTRODUCED BY COUNCIL MEl&ll WAGGONER) AN ORDINANCE A.DOP11NG 11IE BUIXET OF 11tE arY OF ENGLEWOOD, COLORADO, FOR 11IE FISCAL YEAR 1999. (viii) ORDINANCE NO. 75, SERIES OF 1991 (COUNCIL BIU. NO. 61, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE A.PPROPRIATINO MONIES FOR A.LL MUNICIPAL P\llPOSES IN 11E arY OF ENOI.EWOOD, COLORADO, IN 11IE FISCAL YEAll EGINNING JANUARY I, lttt, A.ND ENDING OE.cEMBER 31, 1999, CONS111Ul1NG WHAT IS 1DMl!D 11E ANNUAL A.PPROPRJA.TION BR.L POil 11IE FISCAL YEAR 1999. MolioD carried. A.yes : Couacil Mmllcrl NaMolz. a.ma. ................. w.....-.aiw.a.. Nays: Noac: (C) Relolulioalad Molioal Then: 1Mft no laolulioN or llllllica ......_. llr appnwal. II . -.-A..- (a) A.ppnwal alOniww • Yn .._.. Then: Wlft no addilioaal ilem ...._... llr appnMI •a.. ...... (lee A..-Illa 10-0- A,-la.) (b) .. •. • • 0 • • 11 ~ f fl J li:~ ~ i j 1 •1!111·1 Intl ii ~ r ,, {If J l 1-1 [I ' r 1-I . i . s i 1 ! i .. 1 JH . ! ~, [ r i ~ ~ • I ;;,J,i ,itr B [ ; ~ ; ia i!~ !1!r:1t ! s [ 11 ~ !1 ;f~f~llg Ji~[ls I It [ I i j!i 1!111,! f i I ff I ff ilf1ij!f !!t'!t i i l 1 1 "'· 111111~ ~ 1 ~ Mr r ,r 11~-.f' ~ 11 1 f 1:1 111.,nc: j t I tt I ii t.n~ l 1ra1 . ' !ti rtl 11! f I I! , 11 ~r;tl)! 11li[ : t tfJ 1J1;Ji~ ! ( ~ fl :til!_.; if',, 1 8 ll ~tiff!' I f I 1 ~ 1J,f!it Jr!1r ls~ f 1!1 Ji I I H 1uru, · iUI j 11 i 11 p&· t ·, t ! .. .. ~ r =J 1111 r ir" I, , 1!1 ft(ftff r I j 11· 1=· _r •.•. !fl I I ~if ltrt!f 1 , ! · 1 11,lr! !ri( I f[a tffi1't ' i E lf11tilJ l}IJ! ; l I f ir I ls I I • i-. 0 • • I I .. 7 ... . . . • " •' ..,. 0 • ll1;11 1iJJ.i llllliJi J1lJJf l!ltE11~i f ti i~ ;• ,·~tf l1!i !ff If f Jtf =, f !f Jlil1 f I -,1r JI ~IS ,111 r I 8 ,, .!• 1' r I ~~ I' I ~ t .. • . t I I • I· t I I I 8 J 1-i ti' II f · 11'tf., 'jfS is I ·•r i t t ( i StN ~1tiii!t! 1 1·1!1111 t!ii 11i1ilr; 1~ 1 ii !1 Il1,1 Ii! '~JJ~tif i ·rf-11 1' flj.l( ~Jl,fr(i . I h 1 f ~ff 111 ;;Bf llt@i 1un~1 Ith 1·1.1,'ihI l It d f ~ thf f ~t ~-, 11) I irJ!U, itrJ Ir rn ~ ,. .. f !. · !. f I' fa. f I' 1 1 f It . .I ~ ,. 11 Ii 8 : I r. •. s i j f i 1'1-[' i l ~, 1' : . I j I I J J j I I f t f11·11iJ s. 1•1· .s 1 .-: 1· .• rs•J ·f · ~ c1 I'· ,a. •. 1 r I, -1 I J •1· r i 1 11 , 1 s 1 & · 1 ft l•l1l1iJli i11!irJi Ill! ~,JitJf 1 · ! 1' rti 11 I r • I rr1 s ,~ 1 • Ir · . •, • • e r I I .. •, .. . 7 • ~ \ • r1r II" iurp~ 9 H IJH I i i [ Uii i 'IUJ'1i !ff li'I i ·• 11111!1 f Ii ~,,r I I JI •1!1 I f1ir,~1 ;a IJt JJI f1t~1t g Ir !1 ~t! ff ii fri ~ !f~JJJ1 i f( -··fl I ll ~[j .. .. i I f Ii I • JI·' . I IIJ~ I: 11~1~1 i I 1r rlt I I I.I! Ii st1'! I ( t" f I.: I I ' J l J-s I J a· ~ I r f I Ji I · •· i1J ,I fi~iff i i !i! ii i 1 IJi l 111 .!tJ' 1>"1· ,11 1Jf !3 1J l 1 11 'J'' II • I J,•. 11 1.1,· . Is f I tir · .f . ·I t .. • :;· ft I f· 1--11 1'•l1'J l r f sr II J. j .tr 11 1·1', f If . I a·: I sr f J IJ: i I a. If It: I rft II allio I i 1'il 1E; l lfl~ lfir1~11 I SI :;1 ~1 8 i r ·I . r 'f .. -1111 •!I i'.I 1r,t,.f: I: i . ,1, '~ !,1 •1.1Si1' 'I l:,I If I ;ifi :I f fl f •t ·I I I I l"li•a I sJl sf 1111Jf I f ii! i' J'•· ii . 1. ,s i I' ,,:;·I 1 •s I rl(r I I • f I ~•JI I t • .fr a: f s . \ 0 • • ., I I.· 7 ' '>"' ' . . • • • . .. .. . ~ ' - • Ea&lewood City Cooncil October 19, 1998 Pace tt (iii) Council Member Clapp: • • - I. She said she wanted to personally tell Gary Sears that he is doing a good job, that he doesn't hear that very often. She advised that she really appreciates that he looked into the traffic situation in Englewood, that it was long overdue. 2. She thanked other Council members for helping to move this forward, the Internet She said she thinks it is something that it is time to moved forward on. (iv) Council Member Habenicht said she just wanted to point out, to have it on the record, that at the CML District 3 meeting Ann Nabholz wiU be receiving her leadership certificate and she thought they were all proud of the wor1t she has done to receive that. Council offered Council Member Nabholz congratulations. 13 . City Muaeer'• Report (a) City Manager Sears said, if it is okay with Cowicil, they will put the pennit issue on a Study Session Agenda. but it may not be until the November 9., Study Session. Council Member Bradshaw said that was fine. Mr. Sears said that way they can get back to her and let her know and Clvis Olson can get some background infonnation for thal. (b) City Manager Scars advised that he is going to an l*'8ational City Manag.:r Coafcrcoce next week. He said he is looking forward to il thal he apprecialCs City Council allowing him to aaead and he will rcpon to them whco he Fts back. During !Im lime Jcndl Black will be nmning the City and he advised Council to feel free to COlllact him. (c) City ~ Scan said lie 111-.ad 1011111* lllff ud apccially Frank Gryglcwicz. He advillCd there has been a lol al wcJ1t .... 1111 IICICll daae ca 6e Cellificale al Participllion. He opined WC arc in FOCI slllpe oa 11111 aad tllcy 111111 a .............. •-'* lritli tllc rq,raenlalivcs for the MBIA (Municipal Bclllll lwai:c A--) ... w -, ...._. witli tllc pn,ject. David Tryba did an elWCllcnl job of rcvicwiag .._ lie aid.• Viet.a ....... •<-tr K. 8-. -there, as well as Tom Pdtz. They arc really .... .._...*._.•*...,.:. • lie rcally bdicvcs !Im that is moving along aad dlal die pn,ject iladf is --s ala&•.--.it C.,, ....... Scan said be is looking forward to NcM:aber 2,. to .... la** c--.. to * C.,. 1'lllml: 1111 IICICll a lol al negotiations and the Coullcil aad lllff a.. -W ~ 11111111 •.. He ad lie tal) lldievcs tbll we arc making a lot al progress . City MamF' Scan said dlal aae altllc ~ ,a.,.en_ • -•--s 6is aloag. Im been RID. He noted he lalkcd to Jeny Nery a litde llil cadler..,. ... wtda or all\ lie alllld make some commcats about some of the funding. He acd Mr. Nery 10 a.c 11p Mr. Scan said he is not RR he is ready to do that, but he thought maybe having Mr. Na)-!alt a litllc bit ... tllc-. aldic pn,ject and his viewpoint of where we arc going would be very hclp(ul . Mr. Jerry Nery said it is always a pleasure to be before this Council and it is al•-ays FOCI to ICC the progress on this conidor. He said he thinks there is a lot to be said for the Council people in Englewood and the SlalJ. He stated he was here. primarily, to make RR there weren't any qucslions on the qftlCIDClll thal they have for the Daltmoulh structure over the new raibuad. He noted he did lalk to Gary Scan a lialc bit, that he is not as familiar with the funding as on the grants. but he will take that back to their Diffl:tor al Planning and Development. He said he knows they arc wortting hard on the .-s with FT A, and Ille FHW A officials. to wort with DRCOG to get this grant through. He advised that be undcntaads there is more and more competition, that he c1ocsn, know the details of that, but they will do what is best as far as trying to help the City move this along. Mr. Nery said they feel there is a lot of progress Fing on CM:r ' • ..... ' I I • • 0 ' - - • ~- Eaakwood City Cou11ell Octeller 19, 1991 Pqel2 . ' ~. • • • • ;, ~ C. there, that every time they do tours of this they always Slop by Cinderella City and even though it is being tom clown, it is a mowment to the future. IO they are looking forward to that. Right now, Mr. Nery said, they are over 50% c:omplete, they have one l'Cllllining contract, lllations and .-k 'n rides, which will be going out in November. But everything else, all their funds are being abliplcd. He advised they just awarded a COlllncl for all the track wort. The railroads are over 60% complele, they are relocated as fast as they can and they have a good CXlllllllitmelll from them to work with RTD's CIOllb'llclOrs along the four line segments. To dale. be advised, they are on scbcdule and a little bit UDder buqet and they hope they can keep tbal up. Mr. Nery said oaa: Ibey Ft the .-k 'n ride and ltalion coanct done they will have a better , r oat ol ~ Ibey are, fuadiDg wise, widl the ..-, We nay have to wait Ulllil springjusl to make sure dlen: IR IIO .... coanct 1 ........... 1 tbal would-forth dnup dleir c:::ontnlCtl. but Ibey fed failly c:oaficlelll dllll lhey are moving ahead and propelling. Al lhey pt out ol the ground and 11a1t bulldiDg the llnlCtlRI dlen: ii leis and leis pafClllill far COTIIT'al:l -•~!TN•• ol a ...- IIIIUrc, be said. But 10 fir lhey are doing real well and il loob lilu: Ellsae-od ii doing tal well widl dleir projccl. He stated they are looking f'onnnl to this p,rtnenbip ol miking sure this Ill WOlb well. He asked if there were any questions be coulcl bring back to his people. Council Member ~ asked if RTD feds good about the plan that Englewood bas out there 111d plllicipating in this plan. Mr. Nery said yes . He noted they have struggled 111d FGC through lots of different plans, but be thought the one Englewood bas will rally set the tone for dleir f'utme. He opined it is well thought out 111d Englewood went through numerous public meetings to make sure they bad the blcting of not only the busineSlcs but the neighborhoods, so be though( it would wort out real well . You are stal1ing to bear, be noted, from the QODUDunities about this project 111d it is getting more and more exposure. Not just at the rqjonal level. but even al a llllionll level . He pointed out that when you have the FHW A Deputy Adminillnlor and lie FT A Adminillnlor ooming OUI here ... then they ,re aw..: ol that in WISbingtoo and that lhoulcl Fly support. Hopefully, Mr. Nery said, we can piggyblck oa that and pt some more funds. Coiacil Member Halaidll llllCd we BR sally excilcd lbclUl il and we bavc bcal wutillg with RID for a kNtg liae, -9tiag dnup die Tri-Cities al all ol dlll. She said Ille for one wacd to perlOllllly tllak Mr. Nery Md RID for die wort dlll 1111 bcal done al il is ~ dlll Ibis llllowcllle be dlcR. 1'1111 this~ will be the llllowcllle for lighl rail dndopmenl dlmughout die IDdlo _. and pnmbly througlloul die llllioa.. bcclUlle sbc ti-gbl we wen: next in line to do IOIT!Clhing ially diftcrmt and rally ipOClaadw. Mr. Nery Slid Ibey are wing Englewood ially paticipMe iD Ibis projcct ..t llopdWly when Ibey do -ol dlCle c:anidDrs Ibey will pt this same coopenlion. Council Member Habeniclll llated Ille feds we l'Cllly will be the model . Mayor Bums~ dlll Mr. Nery mentioned 11111 the fllWA Deputy AdmiDisttalor-here. He asked if lhey have bcal bcrc or ,n: lhey a,ming. Mr. Nery stated Ibey were here al the same time the FT A Adminislnlor -here, Ibey were shown the llllllheall ..t lOUlhwal c:anidors. Mayor Bums asked if he could find out who the fllW A Deputy Adminimator was . Mr . Nery said sure . There wen: no additional questions and Mayor Bums lhankc:d Mr. Nery for his cooperation . City Attorney Brotzman did DOI have any maners to bring before Council . • • • • • Council Member Nabholz advised that at the dedication •I Alameda and Broadway, Peggy l..ell-. the aide for Council Member Himmelmann, whole diSlrict borders our distric:l at Yale. came up to her and told . . , • . • • 0 - -I • • berlbey .. lbldyiag ............... Bniadway .... wllidl .............. SIie aid .... wauld aally lillc to pt widt _,JI_.... I 1 ...... arwllacwr ii ilMlhed, llec:w dley lalia 111e-...n,w lmdilcoveml .._P .. oad ildDilllaSGlllll lllaldaay .._,__. ........ ID be lllle ID de in ml llllllrc it lally C M!IIIMM: City ...... Seas aid lie .......... ML 1---a call• .. dlat up. Mayare.n....S wean: ...._..., ... _fJidiata 1 • • 1•Saltll ....._, dlil,-,. City ...... S-Saidlielmowldiat ......................... ..,llawmataaawidldll: iDdividlalpn,patyonm•dleJc:llllaL Heaidlie._..._... 5 » 1· 1•-fJI* lwh,...wet ti datil ....... fJI_.,_._ Heaildlie,....111.._ ....... ., Cowl. He ..... if'Dawefl C wwwCIIIISIS--.iheyfJI .. I C •I 1ariaa.,ac. 11-ID be .................... ,. Mr.II C waidlie .. •ldl¥edleywn. He.............. C p SI £_.fJI 215, ........ ..., .. ,_ ........ Ille inlll wark. he aild. lie .... aw IOcSeferlO MS&II I a11Sad .... Dl11II r t ...,. .......................... Mlm&eld ... ,..... __ ............. ..... .... .., ................. Mr.Hadenaa ..... _ • .....,.....,, ..... . et c Ii I wid!Nllic Sina ea.p.y rartte 1M1a11ow1a1•w-.,.•• lilllll• • R1D ........... pidredby6e Saltll......., w I ..... City ........ S-Sall¥ielll61ywill pnwideC.-cil ............ 15. • • • • • • • - .. .. , ' . ' •. ' • • 0 - • • .; 1. 2. 3. 4. 5. 6. 7 . 8 . • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 19, 1998 7:30P.M. Calltoorder. '7:5'7 ~ Invocation. /)~ Pledge of Allegiance. ~ ' RollCall. '7~ ' · ... Minutes. ,.. a. IOn--tt>e Regula, <>ty Council RM9ting of~' 5, 1990. )}~ b. Minutes from the Special Session of City Council of October 12, 1998.~ Scheduled Visitors. (Please limit your presentation to ten minutes.) a . The Englewood Department of Parks and Recreation will honor the City's Adopt-A-Garden volunteers. b . Janet Johnson and Bill Hayes from the Schiller-LaAOUChe Association will be present to address Council regarding l'80f'ganizing the financial system of the United States. Non-Scheduled VISitors . (Please limit your presentation t~ five minutes.) t. Al AV~v ff..t1£,Rs,V {~#f°"'-JJ~ 6/JfJ Communications, Proclamations, and Appointments. 0¥'7-(J· 'ff' '7-() b . Letter fr<JJ. ~~ Guy indicating his resignation from the Water and Sewer Board. I::)~ A proclamation declaring the month of Nollember as National Hospice Month.~ 9. Public Hearing. (None scheduled) -1)- . ' •. .. • '- . ' • 0 I - • • • • (. Englewood City Council Agenda October 19, 19118 P1lge 2 10. Consent Agenda. ~ A . . . . . . op(d?-o ~a~ceson~ Va.1;111 111°/-111 i. COUNCIL BILL NO. 61 • Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with the State of Colorado for the purchase of software through existing State contracts. STAFF SOURCES: Frank Gryglewlcz, Director of Flnanclal Services and Chris Dlebokl, Information TechnologiN Manager. ii. COUNCIL BILL NO. 69 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Granular Activated Carbon Lease Agreement with American Commonwealth Management Services, Inc. STAFF SOURCE: Stewart Fonda, Director of Utllltiea. iii. COUNCIL BILL NO. 65 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an agreement with the Regional Transportation District, the Burlington Northern and Santa Fe Railway Company, and the Union Pacific Railroad Company providing for the use and maintenance of Dartmouth Avenue. STAFF SOURCE: Charles Esterly, Director of Publlc Works. iv. COUNCIL BILL NO. 71 • Recommendation from the Library Department to adopt a bill for an ordinance approving a "Seeing the Possibilitjes" Library Services and Technology Act Grant from the Colorado State Library and Department of Education. STAFF SOURCE: HMk Long. Director of Ubrary Semen. /JniiJ'7 ~;, j mrov~T on Second Re1'8:-i -kaA,..L .,I/ii ,r" :J.f ~ Council Bill No. 54~e Wast~~Ordinance. /nJ!,(1-(p 9 ii. b'? l=lf 9o iii. nJ.-1177' ~Jl-17}i ~/.,/J-r;f NJ,l'J'fi. Council Bill No. 60, approving a settlement of and authorizing the signing of documents for the settlement of Gesin vs . the City of Englewood, et al. Council Bill No . 62, approving an Intergovernmental Agreement which accepts grant money from the U.S. Economic Development Administration . Council Bill No . 63, approving the Grant of a Water Line Easement on South Raritan Street and West Evans Avenue . Council Bill No . 64, approving the Grant of a Water Line Easement on South Raritan Street and West Adriatic Avenue . Council Bill No. 66, establishing the 1998 MiH Levy to be collected in 1999. Council Bill No . 67, approving the 1999 City of Englewood Budget. t?JJ'~ii. Council Bill No . 68, approving 1999 Budget Appropriations . PINN nola: • you tww a dl11bllly and IINcl ~ alda or •ila11, plaw nollfrh Cllyal ......... (30S-712-240I) at INat 41 howa In advanoe of when aarvloae .. ,......._ Thmk you. .... ' , ·- .. . I .. 0 • • • 0 , ? I - ,' i .. • • ~nglewood City Council Agenda October 11, 11N Page3 ~ c. Resolutions and Motions. g 11 . Regular Agenda. • • • ... a. b. App; of Ordinances on First Reading. Approval of Ordinances on Second Reading. ,Er c. Resolutions and Motions. g 12. General Discussion. 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. . . ,... .. The following minutes were transmitted to City Council between 1 Ol2/98-1 Ol15198: • Englewood Housing Authority meeting of August 26, 1998 • Englewood Public Library Board meeting of September 8, 1998 • Englewood Clean, Green and Proud Commission meeting of September 15, 1998 ....._ nall: •Voll.._• dl11tlllyand need _,.._or •Ila 11, ........... ca,., .... uod pos.1U-24Gl)al .... 41hauraln ............................. ,... ' . ' . • . ' ( .. . • • 0 f .I -• • ·, • <. '. ,. . ~ . --~--------~ PUBLIC COMMENT ROSTER DATE: OCTOBER 11, 1111 NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS .. •. ' . . ' • • 0 I I • • • I. Call to Onler • • I • • ENGLE.WOOD CITY COUNCIL ENGLE.WOOD, ARAPAHOE COUNTY, COLORADO Rqvlar Sellioa October !I, 1998 The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :35 p.m. 2. lavocatiea The invocation was given by Council Member Nabholz. 3. Pledce ot Allqiaau The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present: Council Members Nabbolz. Clapp. Garrca. Bradshaw. HabenichL Waggoner, Bums Absent: None A quonun was present 5. Mi•ta Also prescnl : City Manager Sears Assistant City Attorney Reid City Clerk Ellis Director Olson. Safety Services Director Gryglewicz. Filalcial Services (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE. THE. MINUTES or TIIE. REGULAR MEI.TING or SEPTEMal.R 21, 1991. Ayes : Council Members Nabholz. Ganett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . 6. Sclledllled Viliton (a) Director Olson shared with Council a commemorative plaque, received from Mission Hills Church in Littleton. honoring Englewood's Fire Fipias and the ocher fire organimioos thal sen-e the South Metro a,mmunity. He advised that essentially. Mission Hills Chwdl, out of the benevolence of their a,ngregation decided that they wanted to honor three of the rue agencies in their area. Which included Englewood. Litdeton and Casdewood Fire Protection District. On the 2,e, he advised, they held an ouldoor cookout event and display at the Church on the comer of Orchard and South University Boulevard . Director Olson advised we were there and it was very exciting. There were a IOI of members of the a,ngregaLion prcscnt and Englewood had several picca of apparalUS on display, including our 1927 Model A Pumper . During thal prcsentation, he said, the)· gave Englewood a plaque. which is extremely nice. He passed the plaque among the Council members . Director Olson explained it was not an award or a a>Dlesl or anything like that, they just decided they would like to honor Englewood. because in several fashions we •• ...... . ' • . ... I· • 0 , • • • Enclewood City Council October 5, 1998 Pa~l • 0 • do assist them. not only on emergency calls. but just being available . He said they were very gracious and it was just nice to be there . Mr. Olson opined it was an honor for Englewood to be included in that group of south metro agencies that they sponsored and wanted to thank . The plaque will be on display at Safety Services. Mayor Bums offered congratulations and asked for a round of applause . 7 . Non-1eheduled Visiton (a) Debby Peny-Smith explained that she and Jim McDonough an: the campaign <XK:hairs for the Citizens for Englewood's Kids. which is representing the mill levy and bond referendum for the Englewood School District . Ms. Peny-Smith advised that she is a parenl. has been involved in the Englewood Schools over ten years. has been involved with accounlability committees, with the district accountability comminee and also she is a business owner in the community and owns property in the Englewood school district and she is very. very much in suppon of this. She said they have come tonight to seek their endorsemenL if City Council can and will do lhaL for this particular issue . They have recently received endorsement from the Greater Englewood Chamber of Commerce and the Englewood Historical Society. Ms. Peny-Smith pointed out that the businesses an: the ones who an: going to cany the majority of anything, if it does pass . She said it is three times the amount of ta"es. versus what the citii.ens will pay. She advised they have some information they would like to give to Council. One side note. she said, is that she actually lives in the Cheny Creek School District. but she made a choice ten years ago to keep her kids in the Englewood School District . Ms. Peny-Smith stated that if she had to make that choice now, if this does not pass. she cannot say that she would make the same decision. She stated that in order for the Englewood School District to keep up with the rest of the metropolitan area they need to provide the qualil)· of education they have been doing for so many years. they need to reduce the class sizes to more effectively teach the children. as well as maintain our buildings. which are all between 40 and 50 years old. She said that Mr. McDonough wanted to share some things with Council and she wanted to pass out a packet to each member of Council. Mr. McDonough advised that they have prepared a packet which has SC\•eral bits of infonnalion related to the particular schools and that way they would utilize this bond money and mill levy override money . He said they are seeking Council's endorsement tonight Mr. McDonough noted that he is the <XK:hainnan of the Steering Commince and chairman of the Finance Committee and also the parent of a .,-. grader al Flood Middle School. He said he thinks they want to recognize that our schools have been doing pretty good. Our high school has been turning out some Boettcher scholars and everyone cenainly knows that last year Flood won the National Blue Medal WilUICf for the middle schools . He advised that that designaaion means that Flood is in the top 2 percent of middle schools in the United States . We an: doing well . but he opined . in order to compete into the 21 • Century we need to improve our educational goals. We need to maintain some of the programs. we need to reduce class sizes . Recent testing indicates. quite clearly. that we need to improve our reading and literacy skills. Our building facilities. he said, arc much like the City's buildings. they arc in need of repair. The roofs arc in need of major repair throughout the District. the ventilation systems. in many instances. an: non-functional and there an: a plethora of things that need lo be taken care of just to maintain our buildings. Another reason they need so much money is because they an: old and they need to actually preserve them . He e"plaincd that an aspect of the remodeling preservation. one of the things that would need lo occur. is that the electrical systems would have 10 be upgraded. He explained that since we arc at a crossroads to the 21 • Century they decided ii would be imponant 10 wire the schools for the technology that is on line now. in many instances. and that would be coming on line in the C\'ent we pass this bond proposition and mill levy override. The windows arc in need of repair throughout the system . We would . he stated. increase the teaching clfcctiveness if they arc able 10 reduce the class si7.c to around 20 . 111:11 is their projected goal with the proceeds from the bond and mill levy O\'Crridc and they will increase tcchoology availability . Security is another aucial issue. throughout the DistricL he said. and this would provide closed circuit television facilities and such. so that they could monitor the buildings more effectively. He said what it all boils down 10 is that they really want COWICil's suppon and endorsement and they want Council to join rnembers of the business community . He said he -• ' ' ' • .. • f • 0 • Englewood City Council October 5, 1998 Pagel • 0 • feels if they had the suppon of the Council and the administra1ion it would go a long way with the voters of our community . Ms . Perry-Smith advised that there was a committee of 30 members that met all summer long and very diligently went through repons. that the Construct.ion Management Depanment from CSU worked on all last spring. The Construction Management Department went through every building with a fine tooth comb. looking at every aspect. She pointed out that every project is listed and where the money is going to go . Ms . Perry-Smith stated that they have also proposed that there will be a citiun's review board to hold the District accountable for the projects as they come on line . She asked if Council had any questions. Council Member Bradshaw noted that she was son of playing devil's advocate . She asked why continue to repair old ouldaled buildings and why not just take turns building a new elementary school here or a new middle school there . Because , she said. sometimes it feels like they are throwing good money after bad. Mr. McDonough explained it is a cost factor. He said they had an estimate to replace the District's buildings. which would cost in excess of SI 00 million . He advised that they think the buildings can be repaired . For example , the life system of the roof can extended for another 20 years or so with the new high tech roofing coatings and stuff that they are pulling on . Mr. McDonough pointed out that this analysis was not done haphaz.ardly. it was done through the auspices. and prepared by , the Education Assistance Program at Colorado State University. through their school of architecture and construction. And it was supervised by architects . architectural investigators. consultants. technicians and so fonh. They are the ones. he said. that told them what they needed . He advised that over the course of the summer, the 30 member committee went through the reports and tried to find tbings that appeared to be fluff and in the end they couldn't find any . Mr. McDonough said that they think the recommendations that the Colorado State University recommended. if adopted. will provide us with another long term window. before we have to consider repairing the buildings again. But, he said. to answer Council Member Bradshaw's question. it is basically because of the cost to replace all of the building's. Ms. Bradshaw said she didn't say all. She explained that she was talking to some of her neighbors about this . She asked how many mill levy increases we have had and Mr. McDonough advised that the last one was in 1989 . But, Council Member Bradshaw pointed out. prior to that we had like three in a row and their concern is why not just target one area and replace that school . Ms . Perry-Smith noted that you still have to maintain and you are looking at a high school in excess of probably $30 million. which is more than the tOlal of the bond referendum at this point in time . Then you drop down to maybe SIS million to S 17 million for a middle school and between $7 million and $8 million for each elementary school . Mr. McDonough pointed out if they were to spend $30 million on a new high school , all the other buildings still need repair . Ms . Perry-Smith said she understood what Ms . Bradshaw was saying. Council Member Bradshaw said she was just ll)ing to let them know that these are the phone calls she has reccin~d and the concern that people have is wh) do that. Mr McDonough said he: doesn 't mean 10 be argumentative. with all due respect . COUIICII Member Bradshaw said she just wanted them to clarify 1hc:ir posi1ion and the other question was if a) of this •-as going to be used for salaries . Ms . Perry-Smith said only in the mill levy. bond referendum ~ cannoc be used for salary incrcucs. it is only for COIIIUUClion projects ... hard malerial . The mill le\. •111 help 10 reduce the class si7.CS in kindcrgancn. 1 •. 'r and 3n1 grade down to 20 students. to a I to -raoo So tllC) are looking at a few additional teachers per clcmcntary school building . Ms. Perry-Smith Aid Iha! 1s • here the SWc comes in. bcc:ausc if they don't pass the rmding llandards at the Stale level at grade 3. ~ ha\·e 10 stay back . So that is •'hen: the conccntralion Im to be . Counal Member Nabholz asked when was the last time we had a bond referendum. Ms . Perry-Smith admed 11 •as 1989 . Ms Nabholz asked if that bond is totally paid off. Ms. Pcny-Smith said no . Mr . ...... . , • •· • 0 - • • • Englewood City Council October S, 1998 Page4 • 0 I • • McDonough said lhal he does not know what the bond reduction schedule is. but he heard somebody talking aboul it the other night and he thinks ii has al least a decade to go before it is completely retired. He noted that is just an estimate and they should get Roscoe Davidson in here if they want to talk about that Also. in reference 10 that, Ms . Perry-Smith explained, they looked al every project that is scheduled to go with the past bond referendum. Where it was. what had happened, what hadn't happened, why ... they did a lot of research on that to make sure lhat if there were blunders, that they did not happen again. That is one of the reasons . she said, that they are calling for a review board. just for accountability for the investment that the citizens of the community are going to make and the business owners as well . Mr. McDonough said. just as a brief example, that this is one of the volumes in a multi-volume compendium. that the CSU people prepared and ii relates only lo the flood and Sinclair Middle Schools. He noted that as they can see ii is a comprehensive analysis of programs and plans lhat both of those schools need and the facts and conclusions are included in the packCIS they gave 10 Council. on an individual fact sheet for each school . Thal. he pointed out. is a synthesis of this complete compendium. Council Member Habenicht asked if the group that did this study consider. al all. building any new buildings as an allemative . Ms. Perry-Smith said they did talk about it. Mr. McDonough concurred and explained that when the CSU people came back and told lhem that they could revitalize these buildings through the bond issue. they decided . as the referendum commillee. 10 recommend 10 the Board of Education. that they adopt this al1cma1ivc . rather than pulling in new schools . Because. he said, we are still al the point. if we arc going to spend $15 million or $17 million lo replace Sinclair, we are still going lo have 10 spend an enormous amount of money on the other schools. Bui ii was considered . Mayor Bums asked how they happened 10 use CSU. if they had a special background. an expertise, in analyzing school needs . Yes. Mr. McDonough said, their program is called the Education Assistance Program and they have been doing ii all over the Slate and for a multitude of districts. He noted they always worry about information overload. but if Council wants that information they can get ii. Ms . Perry-Smith added 1ha1 the combined experience. of these two panicular individuals that did this. is over 60 years in lhe archilcctural and construction management field . Mayor Bums said that on the technological side things arc moving so fast that he wondered if they could find themselves with new accommodations and technology and then all of a sudden you have more accommodations you have to make. Because. he commented. this thing seems lo plateau through one generation 10 another in a couple of years . Ms . Perry-Smith advised that the plan for that is 10 take heed of whal the Sheridan School District did . They took a portion of the funds and invested them in a trust. where they could have continuing income coming in from that money 10 update as they needed 10. So that is what the plan is for the 1cclmology. The 01her k;:y pan of1ha1. she said. is the electrical pan . The schools just aren'I wired for it As an example. Ms . Perry-Smith said . and Ille fire and police people here can testify. Flood docs not have an all school intercom . l11ey just go1 "ired with a fire sySlcm last summer. So. she poinled out. 1hcy arc looking al safel y issues that arc absolutely critical . especially in this day and age . If Mr. Cohen. the Principal . needs 10 talk lo somebody on the other floor. he can~ pick up the phone and call them . Or if a 1cacher has a kid out of con1rol she has no way 10 communicate with the officer of security. So just from an electrical standpoilll and lcchnology. ii is all intertwined . Mr. McDonough explained that they can always add on and change the peripheral systems, but the imponan1 component of that is having the pL1ce "ired so you can pul whatever you want on the periphery for the technology . So. he said . as technology changes and we have the capital investment lo update our peripheral systems. that would be available . So lhe core issue. and a major component of the rebuilding, is 10 provide the infrastructure. 1he fundamental core systems . so they can have the peripherals available as they change . For example. Mr. McDonough advised. they won't be a slave 10 a panicular generation of an opcrnling sci of uni1s and so forth . As lheir usefulness in life is used up . they can still go into the next generation. the next pL11cau . • ' ' • • • 0 - • Enclcwood City Council October 5, 1998 Pacc5 ' • r • (• • Mayor Bums thanked them for coming. Mr. McDonough said in sum they would very much appreciate Council's cndoncmcnt. He thanked Council for their time . Ms. Peny-Smith thanked Council for listening to them and giving them extra time. 8. Communications, Procl-atiolla and Appoi•'-b (a) A letter from W . Mark 881bcr indicating his resignation from the Englewood Board of Adjustmclll and Appeals was considered. COUNClL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF W. MARK BARBER FROM THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS. Ayes : Council Members Nabhol z. Garrett. Bradshaw. Habenicht, Waggoner. Clapp. Bums Nays : None Motion carried. (b) A lener from Judy Courtwright indicating her resignation from the Englewood Public Library Board was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JUDY COURTWRIGHT FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Motion carried . (C) considered. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None A proclamation declaring the month of October 1998 as Crime Prevention Month was COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TIil MONTH OF OCTOBER 1998 AS CRIME PREVENTION MONTII. Ayes : Council Members Nabhol z. Garrell Bradshaw, Habenicht . Waggoner. Clapp, Bums Nays: None Motion carried . Mayor Bums presented the proclamation to Crime Prevention Officer Nancy Peterson . (d) A proclamation declaring the week of October 4 through 10, 1998 as Fire Prevention Weck was considered . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 4 THROUGH 10, 1991 AS nRE PREVENTION WEEK. Ayes : Nays : Council Members Nabholz. Gan'Ctl, Bradshaw , Habenicht. Waggoner. Clapp. Bums None •• Ill - . ' • . .. •· • 0 '32xl - - • En&l-ood City Council October S, 1998 Pase6 Motion carried. '· • • • Mayor Bums presented the proclamation 10 Safety Services Director Olson. (e) A proclamation declaring the week of October 25 tluough 31. 1998 as Red Ribbon Week was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING 111E WEEK OF OCl'OBER 2S 111ROUGR JI, 1991 AS RED RIBBON WEEK. Motion carried . Ayes : Council Mcmben Nabholz, Garrdt. Bradshaw, Habenicht, Waggoner. Clapp. Bums Nays : None Mayor Bums presented the proclamation 10 Safety Services Director Olson. Mr. Olson explained that Red Ribbon Week has been. essentially, a national campaign that we have panici .. ted in for several years . II is a drug awareness type campaign. he said. and Ibey will see red ribbons anachcd to lot of antennas and signs out in front of Safety Services. ii is an awareness week. (f) A proclamation declaring Ilic week of October 25 through 31. 1998 as Conununily Policing Week was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TIIE WEEK OF OCl'OBER 2S THROUGH 31, 1991 AS COMMUNITY POLICING WEEK. Motion carried. Ayes : Council Members Nabholz. Garrdt. Bradshaw, Habenicht, Waggoner. Clapp, Bums Nays : None Mayor Bums presented the proclamation 10 Safety Services Director Olson. Mr . Olson reminded everyone Iha! Safety Service's Open House is this Salurday from 10 :00 am. to 2 :00 p.m . 11 the Safety Service's complex . He said Ibey would like 10 sec everyone over there. lhal the weather should be pretty good and lhcre will be events displays . 9 . Public Hearin& No public hearing was scheduled before Council . IO . Consent Asenda (a) Approval of Ordinances on First Reading Mayor Bums advised he has been asked. by the City Allorncy's Omce. 10 pull Agenda Item 10 (a) (ii), which is not quite ready for Council's review . (Clerk's note : Agenda 11cm 10 (a) (ii)· COUNCIL BILL NO . 61 • A BILL FOR AN ORDINANCE APPROVING AN ll'(TERGOVERNMEl'rf AL AGREEME!lrT BETWEEN 1llE CITY OF ENGLEWOOD, COLORADO AND 11fE ST A TE OF COLORADO, DEPARTMEl'rf OF PERSONNEL WHICH ALLOWS 11fE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS .( MAYOR BURNS REMOVED 10 (a) (ii) FROM TIIE CONSENT AGENDA. •• ' 0 . . ',. • . .. •· • 0 '32xl - • • • •, • Encnood City Council October 5, 1998 .. , COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 <•> (i), (iii) ud (iv) ON nRST READING. (i) COUNCIL BILL NO . S4 • INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 12. CHAPTER 2. OF THE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO WASTEWATER UTILITY. (iii) COUNCIL BILL NO. 63 , INTRODUCED BY COUNCll.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN 1liE CITY OF ENGLEWOOD, COLORADO AND DUROMAC PARTNERSHIP FOR 11ffi PURPOSE OF INST ALLING A WATER MAIN ON A VACANT SITE AT WEST EVANS AND SOUTH RARITAN . (iv) COUNCIL BILL NO . 64 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND RALPH V ANDER HORST FOR nIB PURPOSE OF INST ALLING A WATER MAIN ON A VACANT SITE AT WEST ADRIA TIC AND SOUTH RARITAN . Vouraalts: Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner.Clapp.Bums Nays : None Motion carried. (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (It) (I), (ii), (Iii) ud (iv) ON SECOND READING. (i) ORDINANCE NO . 63. SERIES OF 1998 (COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE PRO ::Ptrrr SYSTEMS . INC . AGREEMENT. (ii) ORDINANCE NO . 64 , SERIES OF 1998 (COUNCIL BILL NO. S6. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN nIB COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND nIB CITY OF ENGLEWOOD PERT AJNING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT . (iii) ORDINANCE NO . 65, SERIES OF 1998 (COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER WAGGONER) •• ..... . ' • . .. •· • 0 , - • Englewood City Council October 5, 1998 Pa&el • • • AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECTIONS 4(A), 4, S, l(A) AND 9(C), OF TIIE ENGLEWOOD MUNICIPAL CODE l 98S PERT AINlNG TO JURISDICTIONAL LIMITS. (iv) ORDINANCE NO. 66, SERIES OF 19911 (COUNCIL BILL NO. S9, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN ASSIGNMENT OF RIGHTS UNDER A LEASE BETWEEN TIIE CITY OF ENGLEWOOD AND RADIO PROPERTY VENTIJRES AS TI1E SUCCESSOR IN INTEREST TO MEDIA ENTERPRISES, CORPORATION . Vote raults: Ayes: Council Members Nabholz. Gamtt, Bradshaw. Habcnicbl. Waggoner, Clapp, Bums Nays : None Motion carried. (c) Resolutions and Motions lbcn: were no additional resolutions or molions submilled for approval. (Sec Agenda llem 11 • Regular Agenda.) 11. Rqular A&ieada (a) Approval of Ordinances on First Reading (i) A recommendation from lhc Department of Neighborhood and Business Development IO consider a bill for an ordinance regarding lhc Planned Unit Development at 309S South University Boulevard and 10 set a public hearing on this issue for November 2, 1998 was considered. lbc City Clerk was asked lo read Council Bill No . SS by title: COUNCIL BILL NO . SS, INTROOUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING TI1E REZONING FROM R-1-A SINGLE-FAMILY RESIDENCE. TO PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY LOCATED AT 309S SOUTH UNIVERSITY. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 55. Ayes : Council Members Nabholz. Garrell. Bradshaw. Clapp, Bums Nays : Council Members Habenicht. Waggoner Motion carried. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON COUNCIL BILL NO. 55 FOR NOVEMBER 2, 1998. Council Member Bradshaw advised lhal she is voting for lhcsc, jUSl lo gel lhc process moving. That docs not mean. she said. lhal she has changed her mind. Mayor Bums said he doesn't think ii docs for probably any oflhem. Vote retulb: Ayes : Nays : ..... Council Members Nabholz. Oamll. Bradshaw, Habenicht. Clapp. Burns Council Member Waggoner • ...... 'I • .. \ •· • 0 '32xl - • • • En&lewcod City Council October 5, 1998 Page9 Motion carried. (ii) A recommendation from the Dcpar1mcnt of Neighborhood and Business Development to adopt a bill for an ordiJwlce approving an Intergovernmental Agreement which accepts grant money from the U.S. Economic Development Administration was considered . The City Clerk was asked to read Council Bill No. 62 by title : COUNCIL BILL NO . 62, INI'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT PERTAINING TO A LONG-1ERM ECONOMIC DE'lcRIORATION IMPLEMENTATION GRANT TO DEMOLISH A PORTION OF THE PARKING STitUCTURE AT THE FORMER CINDERELLA CITY SITE BETWEEN THE CITY OF ENGLEWOOD, ECONOMIC DEVELOPMENT ADMINJSTRA TION (EDA), COLORADO ST AlE HISTORICAL SOCIE1Y AND THE ENGLEWOOD ENVIRONMENT AL FOUNDATION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCIL BILL NO. 62. Motion carried. Ayes : Council Members Nabholz. Gam:n. Bradshaw. Habenicht , Waggoner. Clapp. Bums Nays : None (iii) Dircclor Gryglewicz presenled a rcc:ommc:ndalio from the Depanment of Financial Services to adopt bills for ordinances approving and approprialing the 1999 City or Englewood Budget . He explained lhal these two bills adopt the 1999 Buqct and appruprialc funds for the fiscal year 1999. (I) The City Clerk was asked to read Council Bill No . 67 by title : COUNCIL BILL NO . 67. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1999 . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, 10 APPROVE AGENDA ITl:M 11 (a) (Iii) (I)· COUNCIL BILL NO. '7. Motion carried . Ayes: Council Members Nabholz. Garrett. Bradshaw . Habenichl, Waggoner. Clapp. Bums Nays : None (2) The City Clerk was asked 10 read Council Bill No . 68 by title: COUNCIL BILL NO . 68. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO. IN THE F1SCAL YEAR BEGINNING JANUARY I, 1999. AND ENDING DECEMBER J 1, 1999, CONSTITUTING WHAT IS 1ERMEO THE ANNUAL APPROPRIATION BrLL FOR THE FrSCAL YEAR 1999. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) (2) • COUNCIL BILL NO. 61. . ·- ! : , 1 t # ' , • ' .. I· • 0 , I -- • Englewood City Council October 5, 1998 Page 10 • 0 - Ayes : Council Members Nabholz, Garrett, Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried. (iv) Director Gryglewicz presented a recommendation from the Department of Financial Services to adopt a biU for an ordinance establishing the 1998 Mill Levy to be collected in 1999. He advised that the Mill Levy has stayed the same for the General FWld, that is 5.88 mills. since 1991 and lhc Mill Levy for lhc Debt Service FWld has declined just slightly, to 1.46 mills. for the City. The City Clerk was asked to raid Council Bill No. 66 by title: COUNCIL BILL NO. 66, INl"RODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE FIXING 1l{E TAX LEVY IN MILLS UPON EACH DOLLAR OF 1l{E ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN 1l{E CITY OF ENGLEWOOD, COLORADO. AND ESTABLISHING A MILL LEVY FOR 1l{E ENGLEWOOD DOWNTOWN DEVELOPMENT AUlllORITY . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -COUNCIL BILL NO. 66. Motion carried. Ayes: Council Members Nabholz. GarretL Bradshaw, Habenicht, Waggoner. Clapp. Bums Nays : None (b) Approval of Ordinances on Second Reading (i) Council Bill No . .58. approving the assignment of a radio tower lease, was considered. Ciiy Manager Scars advised thal there were visitors present thal wanted to talk to Council about this issue. Bun Kaufman. the majority partner of the panncrship. that for many years, has owned radio stltion KQXI, advised that they have entered into a conlrnCt for sale of 11131 stltion to ABC Inc. He stated they have already illSlalled their Disney children's radio format on the station and have been operating as such. for some time. under whal could loosely be described as a lease arrangement. Though. he said. in radio land !hey don't call it thaL they have another name for it. But essentially that is what it amounts to. They cenainly feel they have brought the City of Englewood a very interesting and appropria&e new tenant for lhc space their tower has occupied for 41 years. to the best of his knowledge. Mr. Kaufman stated they think they have been a good tenant and that they will be a better tenant. He opined they will do great things and bring a great deal of very good press and notoriety to the Ciiy of Englewood. The Director of the Disney owned radio stations. Mr. Buz Powers is here. he advised. In fact . he said. Mr . Powers was with Council two weeks ago and presented them with the fuMy little black things. Mr. Powers stated thaL on behalf of Radio Disney. they an: quite excited about making Englewood their home. He said they are currently in 36 markets across the nation. This. he said. is a major market to them. simply because of the family values that an: exemplified here. in the City of Englc.ood and the metropolitan district. Mr . Powers advised that their request is to get the assignment of lease over to them, so that they can stan moving forward with the necessary things they need to do to improve structun: and increase the signal and stan hiring people. He staled they welcome that and look for any support they can get. •• ·• .... ...... . ' ., I· • C '32xl - • Engl~ood City Council October 5, 1998 Page II '· • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· COUNCIL BILL NO. 58 ON SECOND READING. ORDINANCE NO. 67, SERIES OF 1998 (COUNCIL BILL NO. 58, INI"RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTIIORIZING A CONSENT TO ASSIGNMENT OF LEASE AMONG THE CITIES OF Lrl"I1..ETON AND ENGLEWOOD AND ABC INC . Council Member Habenicht said dial she knows. in the past. thcrc have been some concerns that they have discussed at several water board meetings. that there may be. from time to time. some problems with intcrfen:ncc because ofthis station . She noted he just indicaled they intend to increase the frequency . She said she knows we havc some businesses in the area that arc c:onccrncd about interruption with the telephones and things. She said she doesn't know the technical words. but she was wondering how that might be addressed . Mr. Kaufman advised that first of all the power has been increased for some time already. Whal has actually happened is IJIC!jo KQXI. which broadcasts 1550 kilocycles, has operated for years al 10.000 walls. He staled that they applfed for. and n:ccived permission. to build a second signal broadcasting on 1690 and both signals an: now broadcasting, and in fact ii was sometime in March that they turned that on. He said he might add. relative 10 her question. that she may remember that they moved from one comer of the property to another comer of the property. Al the lime they did that and the time they turned on 1690 in March. they did receive some phone calls from some of Englewood's citizens saying that they could hear the radio station in their telephone. Mr. Kaufman explained that many electronic devices an: not shielded adequately from radio signals and they just pick ii up out of the sky, just as any radio does . He staled they responded 10 all of the inquiries from Englewood's citizens and in a nwnber of cases they provided them with filters that removed the signal from their property. lnat. he pointed out, is their general attitude, they do try to cooperate. Mayor Bums asked if they have had any indication of any interference with the Public Works Depanmcnt or Safety Services of the City . Mr. Kaufman said none whatsoever. Mr. Powers said he wanted to add that ii is their policy also lo provide citizens "ith fillers for their telephones. if lhal issue oa:urs. So. he noted. they an: prepared 10 do that as well. Council Member Nabhol z advised that she has filters on both her phone lines and she can still hear them loud and clear. Mr. Powers said. 10 be quite honest the problem is with the phone company. He noted they an: operating within all legal guidelines. and then some. Mr. Kaufman asked if she has a ponable telephone. Council Member Nabholz advised it is a combination of both. ii is a fa.x machine. a regular telephone. a ponable telephone and they put silencers on both lines on the outside. Mr. Kaufman advised that a regular telephone. hooked out of a wall jack. is much easier 10 cope with and sometimes they have lo pul on two. lhn:c or four filters. in-line. to get enough filtration 10 remove it . The problem with a ponable phone is that it has an antennae and that antennae acts just like a radio receiver and you can't filter ii out. because if you filler out their radio signal you will also filter out the telephone signals you are n:cciving. He noted ii is kind of a catch 22 situation. Mr. Powers advised 1ha1 he would gladly send one of their engineers over to help her. if she needed help. Council Member Nabholz thanked him. Council Member Habenicht asked the Assistant City Attorney if this license agreement giva the City some recourse for relief for citizens or businesses in our community who have problems or if there is somctbing .. .... • ..... ' . • I • .. •· • 0 '32xl • Englewood City Council October !I, 1998 Pace 12 ·, • • • we can do to assist through the phone company or something. Assistant City Attorney Reid advised that the assignment doesn't give us any more authority or leverage than we had before, in the prior lease, because all it does is assign it to another party. Basically, she explained, this area has been preempted by the Federal Commwlications Commission . 1bcy arc the ones who make the rules and set up the parameters that they can wort under. All we can do, she said, is refer people to the FCC or the State. Council Member Waggoner advised that the FCC is the one thal CSlablishcs the range or the frequencies . Council Member Habenicht asked if there would be any way of turning things to align mon: with, like a roadway l'lllhcr than houses Of something. Mr. Kaufman said no. the signals they arc bmadc:Mling arc omnidiRictional and thal' s a mancr the Commission regulates . City Manages Scars said tbal just as a follow-up on that. they have IIOl bad too many complainls inlemally. BuL he asked, with this new arrangcmcnL is there a way citizens a>uld make COlllact with them. Sure, Mr. Kaufman said. their telephone number is 783-0880 and they should ask for their opcnlions manager. Mr. Kaufman asked Mr. Powers if he would have it SCI up the same. Mr. Powers said yes . Assistant City Attorney Reid advised that the lease includes the official parties to be notified. Vote raulU: Ayes : Council Members Nabholz. Garrell Bradshaw. HabcnichL Waggoner, Clapp. Burns Nays: None Motion carried . ( c) Resolutions and Motions (i) Director Gryglcwicz prcscnled a recommendation from the Department of Financial Services to adopt a resolution declaring the intent of the City to reimburse itself with proceeds of a future borrowing for capital outlays connected to the Cindcrdla City rcdcvclopmeol project and the proposed Civic Ccnlcr. He explained that this resolution just declares the City's intent thal any capital expenditures for the Cinderella City site would be within the future borrowing. whatever tbal may be . Mayor Burns asked if there is kind of a cap put on this. Director Gryglewicz advised thal there is no cap on iL it is just that whalcvcr wc expend now would be reimbursed from any future borrowing. He stated it is a legal issue that is required. City Manager Scars pointed out that they do have a limit of l10I to exceed $24 million . Director Gryglewicz explained that they put $24 million down. although wc don't believe thal is whal the borrowing will be . He said that includes not only the borrowing, but capitalized interest and any other iSIUUCC cost. So . he noled, they don't believe lhal is what it will be. but they wanted to make sure we were high enough that we could include everything that will be needed on the site. The resolution was assigned a number and read by title : RESOLUTION NO . 94 , SERIES OF 1998 A RESOLUTION OF THE CITY OF ENGLEWOOD , COLORADO DECLARING ITS OFFICIAL INTEl>IT TO REIMBURSE ITSELF wrrn THE PROCEEDS OF A FUTURE TAXABLE ORT AX- EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES TO BE UNDERTAKEN BY THE CITY ; IDENTIFYING SAID CAPITAL EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT ; AND PROVIDING FOR CERTAIN OTHER MAlTERS IN CONNECTION THEREWillf. •• ' •· • 0 ' - • Englewood City Counc:il Oc:tober 5, 1998 Page ll • • • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c:) (i) -RESOLUTION NO. 94, SERIES OF 1991. Council Member Clapp staled lhal she cannot. in good conscience, VOie for lhis. because all of her questions concerning the housing have not yet been answered. So. she said. she will be voting no for Iha! reason . Vote raulta: Motion carried. Ayes: Council Members Nabholz. Garrell. Bradshaw. Habcnichl, Waggoner, Burns Nays: Council Member Oapp 12 . GCllcral Di1tu (a) Mayor's Choice (i) Mayor Bums advised on Friday he allcnded the Housing NOW Conferaicc, ... which the Cily assisted him in attending and he served on a panel of mayors which was very well received. He noted there was a lot of discussion. wilh a full room of anendees. on the various ways in which cities are trying 10 assist lheir communilics wilh affordable housing. Mayor Bums said he discussed the Cinderella Ciiy dcvelopmcnl and obviously we have higher end renlals in 1here. bul lhcrc is a dilfcrenl kind of housing in lhal development He said he lalked aboul our rehab loan program and Build program and olher mayors ialked aboul lheir expanding cities and lransponation problems. 1bc ancndccs, who were all pretty experienced housing people. seemed lo feel as those ii was well received . Mayor Burns staled he then left and had lunch and wcnl down lo the CML Altomcy's Conference at Glenwood Springs. at the Hotel Colorado. He said he spent aboul an hour there and got the materials for the conference. which looked like a good one. Then. he noted. he went to the Colorado Public Pension Conference in Keystone later lhal afternoon. where Carol Wcsa,at, from the Ci&y. was in aacndance. Mayor Burns advised he was lhcrc because his lady. Karen Susman. was the speaker a1 the dinner Friday nighl and al the last half day session on Saturday. on prcscnlalion skills and speaking skills. He said he had a chance to meet a nwnber of people from around the S1a1e who work in investing our pension funds . This is an inlcrcsting conference and they do have some good sessions for beginners in Ibis field and. he suggested. we mighl wanl to send more people from lhe Cily one oflhesc days . (ii) Mayor Bums !hanked COW1Cil 1onigh1 for lhcir cffon at lhe visioning and imaging meeting. II is always a lillle amorphous 10 do lhosc kind of things. bul he though! ii was useful . (iii) Mayor Bums advised lhal he lalked lo Alex Habenicht today about serving on an advisory commincc for lhc Coun&y . 1bc Coun&y is reviewing their comprehensive plan and they have asked elected officials 10 serve on an advisory commincc and whal they arc lalking about is having Council Member Habenichl be lhc delegate and he. Mayor Burns would be the al1crna1e . Thal will be a series of mcclings. once a month. through February. He !hanked Ms. Habcnichl for her inlercst in that (iv) Mayor Burns reminded a •eryone aboul the Safely Service's Open House on Salurday. He noled ii is always a good cvcnl and he was hopeful ii would be well allended and ii looks like we will have good \\call1er. (b) Council Member's Choice (i) Council Member Nabholz: ..... 'I •, 0 •· 0 • • • Eactewood City Council Oclohcr 5, 1998 Page 14 • 0 • I . She advised of a Tri-Cities planning meeting, "Face It" Summit on Homelessness, October 14"'. with Englewood. Sheridan and Littleton and noted that Susan McDonnell will be there . Basically, she noted. Sheridan and Littleton have said they have no homeless and no families at risk. So. she said, she guesses they arc all right here, in Englewood. Council Member Nabholz encouraged all of Council to attend if possible . 2. She shared with Council a coupon book she received in the mail, even though she doesn't live in Washington Park. Eventually, she suggested. they could take a look at it and perhaps consider some sort of coupons for Cinderella City. And Aurora has come out with a new fan. and it has their council members and mayors and all kinds of ncal stuff on it. kind of a promotional type idea. 3. She requested Council's permission to altcnd the National League of Cities Conference in Kansas City from December 1 • through the S"'. Ms. Nabholz said she would appreciale their consideration. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO SEND COUNCll.. MEMBER NABHOLZ. AS OUR REPRESENTATIVE, TO THE NATIONAL LEAGUE OF CITIES CONFERENCE IN KANSAS CITY, MISSOURI FOR THE APPROPRIATE AMOUNT. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. Mayor Burns staled that he attended this last year. as Ann Nabholz did, in Philadelphia and it was an excellent conference . He said he hasn't decided whether he will be able lo go this year or not. but it really is a good conference. He noted we have many local dclega&es from the Denver area who arc very active in NLC and some arc on the board of directors. Council Member Nabholz thanked Council for their vote of approval . (ii) Council Member Garrett staled thal his Mom infonncd him that City Council made a donation in his Father's name at his church. He advised that was the major love of his life, so he wanted to thank everyone for that consideration. (iii) Council Member Bradshaw: I . She apologized to Director Chris Olson and his staff. because she teaches on Saturdays so she can't make the Open House . But. she said. she docs apprcciale the job they do. 2. She advised she received a phone call from a rcsidenl in our City. who has a neighbor's tree that is adversely impacling his property. TilC roots of the tree arc cracking his foundation and it is not on his property. They have !angled up the sprinkler system on thal property and also they have impacted the sidewalks. they arc lifting the sidewalks up . Ms. Bradshaw noted ii is a Silver Leaf Poplar, which we don't allow in the City. bul this is a very old lrcc. She said she wanted lo ask Slaff whal wc can do lo help Ibis person, as apparently the neighbor is very unwilling 10 deal with ii. Maybe, she said. wc also need 10 take a look al a policy on old trees in the City and how lo go aboul systematically replacing those or providing assistance 10 citizens. because lhal is a very. very costly thing. She advised thal she Wldcrstood the one bid he had to remove lhe tree was S 1300, bul ii is not on his property and ii is impacting his house . Council Member Bradshaw said she would like to have staff look al that. if possible . City Manager Sears asked thal she provide his name and address . She said she would. thal she has already advised Jerrell Black about Ibis. She advised Iha& Dave Lee was the conlact 10 her . Mr. Sears advised he would also have Chris Olson take a look al it Ms . Bradshaw opined Iha& they may need 10 do some mediation, bcatuse ii is a pretty hostile siluation. ·• .... • ' •· f - ( • • • Englewood City Council October 5, 1998 Page 15 • 0 • Council Member Habenicht said she would like lo tack something on to lhal . She suted if we are looking al a program to offer assistance with the removal or identification for the removal of old trees. that we also look at some son of program that goes along with that for replacing trees as well. so we keep that beautiful canopy. (iv) Council Member Clapp: I . She said she was looking al this letter from Barl> Fout and that she thought all of our records, minutes from our meetings. were public records and easily attainable. She asked. as a Council Request, to know what that process is and how one would go about obtaining something like that out in the public. She stated she is very cona:med thal a very good and active citizen of ours, who knows the system and knows how to work "ithin the system. had so many problems obtaining public records. 2 . She commented that she was a liule disheancncd lo read the Herald and sec that a couple of her constituents felt ii necessary to write about traffic. when she totally and wholehcanedly agrees with them ... we have a traffic problem. She staled she has addressed it and she has requested. not of Gary Sears in the last twelve month. but that was one of her first requests and she was told that we did not have the staff to do a comprehensive traffic plan and look at some of the ways that we could allC\•iate some of the traffic congestion on Logan. and so1ne of our other areas. where we have people commuting through our City . Ms. Clapp said she would ask Council at this time to please re-look at that. sec if there is some way we can revisit this. She opined the problem is not going to go away. it is only going 10 get worse. we are growing in Colorado and we are going to continue 10 get squeezed. It is not going to go away. so, she said, she would ask for that One of the areas of concern. Ms. Clapp pointed out. is Belleview and Logan . She said she does not know what can be done there. but she is not the expen and she would like staff 10 look at that. She stated that the area around All Souls. as they drop off and pick up children. needs 10 be addressed and looked at and see if we can assist with nast,ing lights or whatever it takes . Council Member Clapp emphasized that her concern is the safety and well being of the children there. Ms. Clapp advised that she has received two more compl ints in the 1351 two weeks about increased traffic on Clarkson. lbere is also a concern that perhaps we need a traffic light at Broadway and Mansfield. She said these an: just a few of the areas and there will be many more and this is why she is coming to Council and requesting a comprehensive traffic study plan. It has to be put together in such a fashion lhal we an: not just stamping out fires around the City, that we are really looking at this and deciding how we are going to deal with the traffic now through our City. (v) Council Member Waggoner said he was a little annoyed at the resignation from Mark Barber in that he says "it has become very clear that the Board or Adjustment. as it is presently being utilized. provides an insignificant service to the community and to my knowledge there seems to be no desire or effon on the City's pan to redefine the role of the Board of Adjustment .• Mr. Waggoner stated. as he remembers the Board of Adjustment and Appeals. that it is pretty well established. as far as any rules and regulations. the way they operate and the c.1ses they hear an: \'Cry well defined. He said he would guess he is just surprised at Mr. Barber's comments as ii seems. to him. lhal they arc constituted under our own rules and rcguL1tions and Wider the Statutes. as what they provide and the service they provide. He asked if that was not true. Assistant City Allomcy Reid said it is. that ii specifically says. under the Stale Statutes. the Chaner and ordinances adopted by the City. what the parameters of their jwisdiction an:. Council Member Waggoner said if somebody doesn't agree with the ruling of the building official. then they go to the Board of Adjustment and Appeals. Assistant City Allomey Reid said that was right, if they want a variance and that's about it. Council Member Bradshaw said then there is no wa y we can change. She asked. for instance . if people want to impro\'e their houses. and because it is not a hardship ii doesn~ meet 11"11 criteria. is lhal just the way it is . Assistant City Auorncy Reid said ii was her wtdcrstanding Council Member Waggoner was questioning l11eir jwisdiction and what they arc allowed 10 do. She asked Ms. Bradshaw if she was talking • .... .... . ' .. • • • C , • • Enp,wood City Council October 5, 1998 Page 16 • 0 • about changing the criteria for granting a variance. COWICil Member Bradshaw said yes and asked who could do that. Ms. Reid advised that Council can do that. Council Member Bradshaw stated she thinks that is what it is. that they have had to turn down some really nice additions on homes because of the criteria She asked if that was true or not. Mayor Burns asked if they could find out what Mr. Barber really meant by that. He suggested they let Mr. Barber tell them what he is concerned about. If he thinks there should be changes in the ordinance, then he thought it would be useful to find out what those are . Council Member Waggoner noted that they cenainly can't assign them a planning ell'on or anything like that. Mayor Burns agreed and commented that they are an appeal body. Council Member Waggoner stated that he doesn't understand what Mr. Barber's problem is . Assistant City Attorney Reid said her understanding is thal some or his concerns were that he didn't care for the way some things were presented to the Board. But. she advised. based on the Board's request, Neighborhood and Business Development made several changes in how they present cases and that son or thing. Ms. Reid said, to be perfectly honest, she could not recall a time they turned down a variance. City Manager Scars noted he is not totally familiar with this. but he has talked to Bob Simpson and Nancy Reid a little bit. He said he thought Kells Waggoner was right. that they meet very inf'requcntly and they only meet on specific types or items. Mr. Sears advised thal. in discussions with some or the Board members. he thought they wanted to expand their role in terms or defining a little bit more what can happen. Council Member Bradshaw said she thinks we need to son or ge1 ahead or the tide as far as people adding on to their houses, as far as popping the tops and things like that She opined we need to get a type or a City policy. Council Member Clapp advised that she actually kind or explored adding on to the front end or her home, ' where they have an omsizcd garage in the back and a very small backyard. She said she thought. ror their children. it would be a better land use . personally. on their lot. lo expand on the front But she was told the set back would not allow thal and so she just gave it up. Assistant City Attorney Reid questioned whether she had asked for a variance. Ms. Clapp said she did not. that she just gave it up al that point in time. But she Slated. she thinks that is something Council could look at. Council Member Clapp opined that a IOI or people arc like her. if it is going to be a hassle she is probabl y not going to go to the trouble to do iL it 1nigh1 be easier for her to find another home. Because, she noted. it is brain damage as it is . to add onto a home. without having to go through this . Council Member Garrett said it would be interesting to sec what this gentleman has to say . because when he was on Planning and Zoning one or the complaints they got from the Board or Adjustments is that they were seeing too much and some or the stuff they did on Planning and Zoning was to keep from having so many variances to deal with . Because. he noted. they were complaining because they were gelling variances on accessory buildings and all that other nonsense. So they had to change the zoning ordinances to fit that so we wouldn't do so many variances, he explained. He commented that it is son ol UI inlerelling turn . Mayor Burns commcnled thal maybe we should have left them wilh the Board. maybe they feel unapprccialcd . Mayor Burns noted that he was just reading the other day tlial the reason for front set-backs is so you can park the car off the street in the drive. . -.... ' I . , •· • 0 '32xl • • • Englewood City Council October 5, 1998 Page 17 • 0 • Council Member Habenicht stated that over the years. from time 10 time, Council has always met, especially if there was any issue of concern. they have always been open to meet with any of the boards or commissions. If there were specific issues. she said, she was surprised they didn't come to Council . That door has always been open. she pointed out , and they have had those meetings with the Library Board. Planning and Zoning, Liquor Licensing Authority and Election Commission in the past . Also, she said, they met several years ago with the Board of Adjustment and Appeals, when they were asking to do just the very same thing that happened, thal Doug Garrett was talking about. So, she said, she was rcally son of taken back by the letter, as well . It just didn~ seem to click with her undcrs&anding of how things were . Mayor Burns said he agreed . Council Member Waggoner noted there arc ways to adjust a problem . If there arc some appeals that a lot of people arc making, and it makes sense that our codes arc wrong, then somebody should be submitting a change in the Code to Council. It is really pretty simple. he said. otherwise there arc cenain criteria you have to meet in order 10 get an appeal before the Board of Adjustment. Council Member Bradshaw advised that she knows of two families in Uic Cherry Creek School District that live in our City and because they were turned down by Uic Board of Adjustment and Appeals , they moved out of the City 10 bigger homes . Mayor Bums noted that is one of our classic problems. getting Uic home big enough so people don't move out as lheir families grow . (vi) Council Member Habenicht said she was wondering if Council was going to take some action in regard to the request by Citi1.cns for Englewood Kids . Mayor Burns asked how Council felt about Uic bond issue. Council Member Bradshaw stated that she felt it was an individual matter and if individual Council members wanted to endorse it they can . Council Members Nabholz and Clapp agreed. Mayor Burns pointed out that this was Council's first look at it tonight. that they haven't had a chance to review the materials. Council Member Nabholz advised that she has been lobbied seven times now by School Board members and in front of the Historical Society and at the school . She opined that that is a personal decision of each Council member and ii is up to the School Board and the school parents to get the word out. So. she said. if they were to vote. she would abstain from voting. Council Member Habenicht said she thinks. in a way. it is appropriate for Uie City to take a position on things like that. She staled she knows there have been issues in the past. historically. when wc did Cinderella City and establislied the Mill Levy . 11~,t U1e City went 10 thc school district and thc school district endorsed Uia1 . She opined it cenainly is a pan of 1ha1 and the school district is certainly contained within our whole community. and wc go to Ilic school district and ask for Sllppon for different kinds of things. we work together . And cenainly. she maintained. the assets ofUic community arc the assets of the taxpayers . Ms . Habenicht stated that she thinks ii is an appropriate thing to look at. Council Member Nabhol z said they could put it to a vote . Mayor Burns asked if Council Members Waggoner or Garrett had an y panicular thoughts. Council Member Garrett indicated he felt it should be an individual choice . Mayor Bums commented that it cenainly seems 10 be a strong consensus that it's an individual choice . He advised Council Member Habenicht tlia1 she could make a motion if sllC would like 10. . . .. I • • 0 f 2X - - • Ea&lewood City Couacil Octoller 5, 19911 ..... -<, • ,. • • Council Member Habenicht said she would look at. perhaps. a resolution to bring back to the next meeting. 13 . City Muqer'1 Repor1 (a) City Manager Sears said that he appn,c:illed the won of mff. the attorney and consultanls . We arc worting to deal with the complex illucs. be nated.11111 be appreciated Council's willinpca to deal with these islucs in the last month or ID. On a daily bail. be adviml. they arc trying to go through the deal points ID they arc ready to come back to the Council ncxt.Moadlly. Mr. Scan ltlled be is op(imistic:. that wc arc going to make sure that wc cover all die -11111 hfte a prcay lbort cleadliDc, the cod ofdle year, for die Catificale of Panicipalioa. So they an: trying to down die bltdles oa everything as it wu idencified. He pointed out that a 50% cbaaF in price can amount to millions on the site -tbcrc . So the ... is working diligeN)y to take. look at all die islucs and die dcmolitioa -to be going very well al Ibis point in time. City Manager Sears commcnlcd that there is one good thing, tbal is pn,blbly not good for die cconomy, but as the prices drop. some of the AAA Bonds on the Hanifcn market an: going fiom 3.2W.to 4.89"., so it may be a very good time to do tbal type of financing, if we can identify the mm for dllOlc fuads. (b) City Manager Sean advised tbal lasl week the Library md two card Clllmlltants. He said he attcnclcd one and Council Members Nabbolz and Clapp and sm:ral others were there for diem. He stated they arc going to give a SUllllll8IY to the COW1Cil on that. He opined 11111 die IDCOlld vendor really kdcd pretty good. Council Member Nabbolz staled the second WU bcaa" than die 6M cmc. Council Member Bradshaw asked if the fir9 one wu Diebold . Counc:il Member Nallllolz l&llcd yes and that Amazing WU bcUcr than Diebold and it WU cheaper too. She said it -a lot c:hapcr, but very Ocxiblc and it was a good company . City Manager Scars COIIIIDCllloed tllll they md .-ziag COlltlols. 14 . City Attoney'1 Repar1 Assistant City Attorney Reid did not lave any .-ten to briaa bcfCN"C eo..cil. 15 . Adjollraant MEMBER BRADSHAW MOVED 10 ADJOUIIN . 111c aectiag adjounled al 8 :42 p.m . .. • . • \ • • 0 I • • • 0 I• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Seuion October 12, 1998 All Council Members present signed an ·· ACKNOWLEDGMENT OF RECEIYf OF NOTICE" OF 1llE "CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING." I. Call to Order The special meeting of the Englewood City Council was called to order by Mayor Bums at 6 :03 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3 . Pledge of Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present: Absent: A quorum was present Also present : Council Members Nabholz, Clapp, Garren. Bradshaw. Habenicht, Waggoner, Bums None City Manager Sears City Attorney Brotzman City Clerk Ellis Neighborhood Community Coordinator Graham 5. Onlinanca, Raolutiou ud Motiolls (a) A resolution authorizing the purchase or condcmnalion of a parcel of property on cenain lands within the City of Englewood to provide improved recreational facilities was c:onsidcn:d. Neighborhood Community Coordinator Graham said he had a few comments regarding this case before Council. which is the acquisition of property from Public Service Company as an addition to Centennial Park. He stated he has been in touch with Public Service and there is an opponunity to buy this , that possibly, the ex isting buyer may not follow through with his purchase . We have been told, he said. that we will probably know that within a week. So . he noted, this is an opponune time for us to get permission to negotiale and to purchase this property. Apparently, Mr . Graham advised. there is also a right Council should be aware of. There is an access right for the Ted Zigan property. to the north . in Sheridan. across this propcny . That and the towers that hold the transmission lines heavily encumber this property, he said. and that is why they are offering the propcny at a relatively reasonable price. Mr. Graham Slated that he believes the price. initially disamcd with Public Service, was about $2 .00 a square foot and then laking into account the~ and otbcr CIICUlllbranccs on the property. The property docs not really have much use other tlWI for park land, C\'CII the parking of vehicles on the property. he has been told. would be prohibited by the terms of the agrmncnt that Public Service was going to give to the previous purchaser. Mr. Graham pointed out that it is heavily restricted in what uses can be made of it. but thal works okay for the addition to Ccntcnnial Park. He stated we will be • ..... . . 5 8 •· • C '32xl - - Enctewood City Council, Special Seuion October 11, 19911 Pace 2 • • - getting an estimation of value on the property . which we do not have that at this point Copies of a legal description. he said, have been passed out to Council . Council Member Bradshaw asked if what she was holding up was the legal description . Mr. Graham said yes . Ms. Bradshaw asked if the rest of it was the Zigan property . Mr. Graham said that was correct. In fact, he advised. staff spent a considcrablc amount of time last week proving 10 Public Scivice, with the help of Lou Ellis, that we do own the ponion of the property west of the property thal's highlighlcd on the map and then along the west edge of the park . They were going to aslt us 10 purdlase thal at the same time, but we already own it Referring to the map attached to the resolution. Council questioned Mr. Graham about the localion of the park and the City limits. The resolution was assigned a nwnbcr and read by title : RESOLlITION NO. 95 , SERIES OF 1998 A RESOLlITION AlITHORIZING 1liE PURCHASE OR CONDEMNATION OF A PARCEL OF LAND ON CERTAIN LANDS WlllUN 1liE CITY OF ENGLEWOOD, COLORADO. TO PROVIDE IMPROVED RECREATIONAL FACILITIES IN 1liE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS (a) -RESOLUTION NO. 95, SI.RIES OF 1"8. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht, Waggoner, Bums Nays : Council Member Oapp Motion carried. COUNOL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ADJOURN . The mcctin !joumcd at 6 :09 p.m. . , .. .. •· • 0 r ~') I -• • • Present: .. Departmeat of Parka ud Recreado• Volaateer Flower Gardea Program Cottonwood Community Alternative Cheryl Wagner Laurel Warner Chris Carlton Krissy Killmer vBemard E. Sterrett Sharon Weiss ~Martinez(?) ' Tomand [qina Angel (?) . Mrs. Jerry Perry (?) Anita Folk (?), Developmental Pathways ? Nancy Gunderlock (?)? Not present: Pam Allred, Ultra Legs Hosiery and Lingerie Outlet Melisa Bargas Cheryl Brandt Mike Campbell Sue Clark Lisa Clayburg June Hawkins Tricia Langon, Clean Green and Proud Commission Linda Mutz Randy Penn Suzanne Pollard Jane Schmackenberg Murals painted at Romans Park Hyla Ferguson \~I Skye Bower I J Adam Kaesemacher -~ '1 Trevor Kremscr Amy Oakman Bryan Roach Jesse Weber 17 Flower Gardens maintained by volunteers Over 25 volunteers Flower Gardens in all City of Enpwood major parb City provides plant ffllterials, volunteen provide labor .. ' " . -. ' ' ' A • . .. •· • 0 -• 0 , . • -JOIN THE INTERNATIONAL DAY OF ACTION - -Mutual Funds Collapse - -President Clinton Most Appoint LaRouche as Economic Adviser - As the next U.S. mutual funds reports are published, you will see that the value of your mutual funds holdings will have collapsed catastrophically. Already between July and August, equity mutual fund levels fell by $450 billion, a 1065 of 15 .9".A. of the value of the funds. At least 45 million American bouseholds-45% of all American family households-are involved in the stock market, either through equity ownership, through mutual funds, or other means, and are in the direct liDe of fire as the fictitious stock market bubble explodes, due to the mad orgy of speculation over tbe last several years, which is now entering a process of revasc-leverqe. As ofthe beginning of this year, 66% ofaaets of state and local Nlirement funds were in the stock market, and 6()0Jt of asseu of private pension fimds. Now millions of households, and institutions (pension funds, church and hospital funds, school endowments, and tnde unions) uc receiving their monthly and quarterly reports in the mail showing losses with more to come . -Financial Blowout - Is the Clinton Administration prepared to handle this finmcial blowout? The answer is no. The Clinton Administration, which is threatcoed with a coup d'etat by the financial interests behind Newt Gingrich and K.emleth Starr, is still not telling the truth about the economy. Will Alan Grecnspan's Federal ~ bail you out. as it bailed out Grecnspan's cronies 11 the Long Term Capital Management hedge fund earlier this month? The amwer is no. Greenspan is desperately lowering interest rates, 10 try to bail out some more of his cronies who are about to go belly up. He is lib the character in the movie Titanic, who urpd the captain to sail full-~ ahead into the iceberg, and then muck onto a lifeboat, but then, once safely away from the ship, pulled the sea-cocks of the lifd>olt. There is only one thin& you can do: Insist that President Clint.on appoint Lyndon LaRoucbe as economic adviser to his administration. LaRouche is the ooly economist who has forecast the current financial disintegrltion. IDd who is capable of solviq the crisis through his proposed New Breaoa Woods system. ID many capitals around the world, it is undastood that it is Lyndon LaRouche who knows what &o do. That is why Lalloucbe's actim program to solve the world financial crisis bas been c:ovenid in~ weeks in the Arab lanpage newspaper {Al-Arab}, publiabed in London, the Russian weekly {Ekonomicbeskaya Guela}, md the Mexican daily {Excelsior}, and why LaRoucbe wu recently praised by the prominent Russian economist Dr. Sergei Glazyev in an interview in EIR mapzine. Your pension funds, the funding of your children's schools and libraries, your retirement, your hospital care are all in jeopardy. You have oa1y yourselves to blame, if you do not now join us in building a mass political movement to demand that President Bill Clinton act to defend the people of this nation and the world, as his first priority, by appointing Lyndon LaR.ouche as his economic adviser . For Fur1ber Inf0111111don and to Joba tbe Mobiliudon Call: (713) 541-2907 or (800) 580-6901 Write to die Schiller lmdt11te, P.O. Box 740191, Boanon. TX 77274 ' ...... . ' •. • • • , • • • 0 I • • Executive Intelligence Review P.O. Boxl7390, Washington. D .C. 20041-0390 (2021 544-7010 'llme To Tell the 'lruth by Lyndon H. LaRouche, Jr. The text of a prqlllled address. which U.S. Tmlsury Secretary Rabat Rubin deliYaed to ID Oct. ht fonan, spDllllnd by the Wall Street Jownal, is typical of whit 11111 '-1 ndilion- al "boardroom-bulllbit" speeches for about fifty yars or more. Before myooe r1llhes to inlapffl Rubin's cardully pruned text. die ailic should pay clole llllelllioa ID die -- pica displayed. "Nindy-fivc pen:a11 bulllbit" is a high llmlllrd of candor for such public performances. In such boadaoom ...-. die stileao is always preaenl. but the camouftapd poinl is baely visible within the froch of a lace-decbd sleeve. Always say, "Joe 11111 done a terrific job; but, a geni111, hidden in our baclt- room, has, quite miraculously, discovcffd some very lliabt room for improvcmenl in Joe's wonderful wort." Damn with a profusion of faint praise, is the nale for such oa:uion. When hearing, reading, or viewing such a display of 11111- dard "boardroom" mnarb, certain touches lllllllt be noted. In this case, die additional felllllel, from a video viewing of Rubin's address. included. tint. die plain llictina to die (ft· pared text. Second. if die case ever came to a,un, boadaOOM vctcnn Rubin had protected his rear from die .... of die White House blcbtlbbins mob, wilb a-...y IDUC:bes. discinguisbina "my opinion" from die line wllicb die While House 11111 allowed IO be implicitly ...__ ID die Praideat. In 110111e c:ilclea. such a speec:b. whole COlllelll is 95'lf, fta- panl falaehoodl, is DOI reprded a lying. but only am aer- cise of dilcmioa. k would..,.,_-, thal die While House 11111 mayed from die effective candor which Praidenl Clinlon displayed in his appearance before the Starr chamber. When die Plaident said. lben. in effect: "It is none of your damned~!" he was telling die llrict truth; it was his quelliollen whole ips- tions were esaentially lies, were plain effona of diuinwilllioo, attempCs in sophisuy, aimed IO divert die gnndjury proceed- ings away from the truth relevant to the CIIDICillllional occa- sion. Later, the majority of those who observed the replay of the videotaped session, cheered with joy when the President showed the guts IO scick it to Starr, but p,od. Plaident Clinton's biQCSl problem. is lhll he does DOI do thal often enough: IOO often, he pemull himself to be talked, by his IO- called "advillOl'S," into doing things which bring bim down. So f•. die Praident has refused to ldl die truth about die U.S. eanomy. 1bese are no mere ll!dmical pmblems. 1bese Im '-1 no aclUal growth of tbe U.S.A. 's real eanomy my lime during the pul twmty-nine years! Every c:bm,e in pol- icy which he poinls to as an "improvement" in the U.S.A. or world ec:ooomy, has been. in truth, nothing but a litaally bloody disasa. It was what tbe Plaidenl 11111 repelledly idelllified • the ICbievemeats of "flee trade." "deregulllioo." md "globlliwion," covering die put twenty-nine )'all ID dare. which are each and all aucial COlllribuling faclOn in bringing about the paendy oagoiDg. .-financial, - ecary, md ec:ooomic disaller in all modem history. It is DOI a maaer of "simply tellin& die auth." or DOI. 1bese are oo "While lies," but only real lies, buried in the fme pie- lift of economic reality painled. ltipelledly, 10 far, by the Praidml'• ldminilllllion. • by die "95'lf, bullshit" COlllelll of Ruliin's ,efelmced Oct. I• addreu. Yea. the Praident 111d Ruliin bave recendy ...S. md .aa.d, a number of lhiilp, lnilbfully, wbicb, in md of tbelmelves are of impoctaDce. However, wllll the adminiltra- lioD 1111 praiaed. on tbeae -. ..wbi-----wbll it 11111 buried under m avalwbe of .,,_daomn balllhil"--il wllll be 1111111t openly damned md claaoyed. jlilt • be openly damned md discrediled the mid-Aupll Sarr c:baber pn,ceedina. If be does DOI do lbal. the U.S.---the CiDlm Plaidm:y, widl it-tR DOI FiD& to aYive the dl'ec:ls of wllll will be tJaaa· ing OIi the Cllrilalm ll'ee you don't have. -<llrillinll 1998. We are in a.-., npidly CIIICOllling financial luricane. which bas the fon:e to daaoy entire aaliom. includin& every nation-state of the Americas, even • early as before Cllriltnm. ..... the Praidml calls for Iii end to the "board- room bulllbit." md ac:11 to daaoy thole very policies of the pat tbiny ,_. which he 11111. so f•. repearedly defended. 1bese is no way in wbicb the IIIUally lying .,,_dauom bull- lbit" of crisis-.-.,meat sophisCria, will save the butt of either the Presidenl, or, the entire Conpaa. or, the Slipmie Court. or the nalion u a whole. unless tbe Piaideat 111J111 the t1ood of "bolildaoom bulllblt" from tbe While House itlelf, and admits. finally, that eveiything he 1111 prailed. up to now, ' ...... • • • 0 , - • • • • • as an achievement of the past tbiny years' reshaping of national and global economic policy, bas been the cause of the worst. onrushing disaster which the world bas suffered in all modem history to date. Until be saya. of all these had things be has so often, so ritually, praised. "II is time to kick the habit. or we shall no( survive." The Gnensperm Syndrome This past week. Federal Reserve cblinnan Oreenspln came before the Congressional committee bearinp, smelling as if be had just fallen into the ripest of all oudloules. Even Greenspan 's usual fans, among the Republican members of the Committee. knew that it would be uaeJess to aaempt to cover up the obvious stench. '1low could you have let such a thing happen? ... Why did you lie to us about tbisr -the rmor of the questioning by Rq,ublican Leach. among odlers . If those Republican Members had been OIi their IOe5, they might have sugpsllld tbat the While Home explain why, in ~ light of the global daivllivea coll..,.e. lhe Plaidem per- miaal Seamry of s.. Madeleine Allript to ddead Soros from the cbaqes of Malaylia's Prime Miniller Mlbllbir bin Mohamad. wt wby lhe s.. Depa1meal is llill enppd in carrying Ille British Ml6 line apiut Mabadlir DOW. . a.m-Gleenapm had cownd up the facu wbicb explod- ed in the LTCM scandal, but what be had done -CIOlllillml with the previous official adminislnllion line on lhe mbject of daivalives. It is much wone than jllll LTCM. L ·• 1 11 lhe delonalol" of • cbain-taClion. which could. pauibly. lllilla dowa lhe emire world economy (OUllide of Cllilla. ........ of oda possible eacepliom) durina • .,. • dlil c:oming week. Tbat is 11111 yet the sally had 11CWL 1be had -. is tbat lhe leading blab oflhe U.S.,.,.._ nit die llldiDg blab of SwmerlaDd. came wry doe ID beillc wiped Olll by the c:oUapse of their LTCM plem. h pll WOiie, rapidly. U'CM oaly typifies the lilullion inside the leadina U.S.A. wt Swill blab. 11lae ae ~ LTCMI ripe to fall aexl week, or 101111 after tbat. 11lae ae complexes of oda Ilia lyadilal of lhe -type. cemnd in Loadoa, in lhe llrililb CarmoalWllllb •• wbole. and -a lhe leadin& wt odwrblaboftbaa .-ioas lClleduled to phmae into lhe place of doom called die "Euro" a lhe end of dlis yar. Meanwhile, die ........... bomb, wbich, in illelf, could be lllfficiml ID .. olf a cbliD-rw:lioa colllplC of the global financial ~ ii lady ID pop awwwwily. 1be 1929 aash -IIIJlbina Clllll(la.t ID wlla ii anady lftakina out IIOlllld the world. Thal is 11111 yet the really had -. If the Coopeuioaal Conwninee had wilbed IO dilcowr the really had news. they ...... baw IIUd a....- Greenspan : "How is it that all of the world's --. balb and other gianl financial iDIDMione baw been 10 colllldive- ly and consislendy IIUpid for all of die a-eipl-plal yeas: since the ominous political weainelioe of die 1111111 _.__ lial obllacle IO the financial ad ~ policiel of llwcber and Mittenand, Deullcbe Bait's Alfred 2 Henhausen, in November 19897 True, Tbarcber and MittaTand. with the consent of Pn:sident Bulb and Bush's advison from among lhe veram. of KiuiDger Aaociales, cnfted the lunalic policy under which the global damlives swindle was unleabed. But. Thalcher, Miaannd, and Bush did 11111 do this alone. If they had been oa their toes, the House O>mmiuiee 's manben would have remembered, tbal the -ve of manic- euphoric mass-insanity, called derivatives, -• scheme for which the two relevant clowm -,cialed with LTCM won the Nobel Pril.e! 'Jbarcber, MittaTand. wt Bush. lllllll take the blame they delerve, but they could 11111 have done dlis alone. Vatually ev,sy leading financial house of the world. iDcludiDg the world's leading blab, MR sucked into the hmacy fabricaled by this pair of paeudo-lCiellli quacks. 1bink. of it! Vutually the enlirety of the l1lling financial class of the world went iasanely inc:.Jmpebl Otllelwise. die daivllivea swindle could 11111 baw occumd • it cld. 1biDk of all the fimDcill advilon, political ..-. wt officials of gowmmenll. llamd Ibis world, who joimt in defmding Oeoqe Soroa and daiVllives. Clearly, lbift Im 11111 been IIIIICb in die way of llllily -. the aiplliDs al finmce wt their "* .... ill gownmienl. dariD& die ... eigbl-plus yeas. Tbat is • ial cw of "boadloom bulllllil" ... wild. 1be Rq,ublicaa manben lhould baft aired a qualioa or two aboul the Republican Party's Russia bnach, the lmel1lllionll Repulllica ........ wbicb, ID die (llaeal day, ii die IIIOll ildlDallial peddler of the ----tbae, advice wbicb caald lllilla • banible ripl-willg cicwlhip •die_.. ........ ..,... Soamcb forthemonm ill Rmsia wbicb bl1le beat ,.._. from die U.S. polilical --Frca .. poill CII, ii .. -*. au:b -· VnaDy all al Ille ..... -media, 111d the dominlnl circles in tbe leldeulip al bad! die Republican wt Democnac: ...... pally Gj ....... baw been up flO their e,eballl ill ....... ewt -policies ......... far die c:dlap,ma -~ ...... Wene, ... al miDioas of-=-s baw placed .. ......., -tlleir ..... ad l8VUlp .., die ........ .,..__ al Ille priva leC· tor," -die -_, ..... ~by Ille types blllliDd die U'CM ...... 'nil ....... ..., • cw of _....., .......... ,. ......... Cllllfaed ciliml who dlillb Ille ....., .....-..... -.. wbicb "dinicdy 6c:I my II I d *. • ar -., local CIOlll- munily." 11 ........... ,. ....... w11a iacalled "die llllborily of ....... opilliaa." If_, c:iliaa ............ ....:y .... _,, eaded fnlm a.... a. P.li ii .. probably becamelbil __ dle __ ...,.__.tlleirofflcea. their local pllly ..... • .... camplip QI ...... on... .. tlleir bedroom. IDO. Go,a trramn.a. Mole dWI flaai:ial. lDDlllllly, -odwr ecoaomic ilmi- tuliou -• the brialt of doom It du IIIOIDellt. • • • C , • ... • .... • • 1i11;11!~iilifli 111tiil 1ttl;i~iii;l•itJiljlJi111.ir1;1;1fJfl~f J l §. ~ I . I t i. ~ ! II ~ r ~-. ( It i 1· I r i Ii ! It :· f ,~ t 1 i l 9-. r [ a [ f ll ~ ~ f & !c 1 !: - a..i '< ll . s ~ ~ . . • '8 l . . • l i. ~l-~ B~~ I ~ 1~ i.fl 1·• ii a,R! i;;;.Ji.J"i {1'<1,~tf!~1,~, ~ffflt~ ,~ flh rJiif :=.: . 1ir !f i1~Jt1i!lllli11!1 1s{f~ 1'ifi:~1-1 ~til;,~:11~ti1~1,, tJ!,•iitJif. It J. H 1j1pt I l_, .• ·,1~ I 1i~.11 ~A.1r I r.·r.~111.;;. if lhHHlr1Ullhl dhll1 rUh~ tn.,,~!, t[u!Uuf !l 1 1!1ef!ill!J~,~liif!tllli!l 1 1-1!ilir1I,~i 1'1'l 1 l·t!ltlff.i[l:1tif; ff C: .• ,. l I l •ii;· I ! a· i I I J J I I i ·' I A ll A. 'Jr . . I ji j l tt f !a, t'< 9. f f. i pi~lfr'i1iH1'•1!f-1··11 ,~·1• ht. II·; r1I1 li· ,;;:! l f ~grid; . uh. H,.* ~1 <>fR ! '·1'tt!, a:f u .. h l1f · l~iihlp:1 u ~r st~J~l~l~~~ff !f:tiJ··'~it1JfJf1)l1'rlJ''1lsa.f~tlt11B(J:st1 ·J§ t ~"'r ,., ... . i• 'i' ·t 'I:! • ·'"s I 15 • • J a., ~ i I J-g. tr 11 ~111hHf 1J1t1 tJ•,1. rh1 i1 1 HitH ~if: hdni 4 1Jd1,1iJ 11 ~ ~ . . ~h I r .] t u I J ~ J J. l 1 · t ! h · l i ~ftrlrr,r,~t.s r1l~~ltrf~stlr~l.1 1i!l~1,r1.J,~l1ti~ frl ' • . \ • I I . . . ~ ' \ .. - • • • • • '· lmemaooaai ~ lnllilUle. Thus, if Praideac Cinron can taminale lbe flow of lbe lruckJoada of"boaa .. oom ballabit" aow bana Poduced daily by White Home 111d Danoc:naic Natioaa! Coanitaee poiiti. Cl.I ldviton, 111d if Primatov•, dfons 111: aJlowed ID IIXXleed, lbeu lbe combiaaiui of lbe u .S.A., Cliiaa, 111d Raaia, will supply lbe pivot around Which IIIIIDeroua olber --of lbe wortcl, including India, Germany, Japan, 111d IO OIi, can ..... -· ----- repuup lbeireffiiru. lDm:a, de mvo, a new,~" IIIIIClel of .......... fiwcial. IIIDllellry, 111d --. 1)'1- lem, needed ID defeal die' fulta of doom DOW diaplayec1 in lbe IIIIWfloleac:w PDtilbl ..... Wbicla bedact Chairman 0......-. W.-penoa coald object ID llldi ema;eucy IDeaafta? cleaty, aD ol lboae who haw clinlcdy ~ ~ haw -been PoWa, OiMI • ·way, ID haw: been dinicaDy inaae! • ' , • • 0 • • ~ ~ E .... ~. ·_· ... -f.... i ~ · l f·I UJ ilui U!'f JIHl r J ~ j ',r[f1,llf J1f1-~1J• f I h,· t .. 'IJ 11 ·1t1·J1 .. cl t t' 111 t J f J i I' .: Uh · I ~ l l'I' . l f ~, • If 8.1' f , 1 1 1 1 1 1 1 1 1 1 ,UIH J,, .. 1' HiJPtlif . . • ( I IJ ( t } l r 1tJ r 1 111~,! 1 llti',!l,lf f 1 fl (J!t I i:1 IU_~f Pin ~ ' 'f 1 ~J 1li Jl(~~~-, ! t l{r !1~ ••I' J ·i . I .... • 0 • I • l a • • s .".,,,,. ' . . , • . , ' -. ,. . ' - ( I • • 0 .. - llEWIURIAICIAlmunE LAROUCHE WAS RIGHT! LAROUCHE ON THE NEW BRE'ITON WOODS An EIR Video What docs Indonesia's Minister of Econom y, Finance and Industry, Ginandjar Kartasasmita , know about the global financial crisis that you don 't? Hett's what the Far Eastrm Economic Review reported Jul y 23: "It seems the IMF isn 't the only organization s upplyi ng economic advice to the Jakarta government. ... (Reporters) wen, surprised to spot, among (Ginandjar's ) papers, a ,1ideo entitled, 'TM World Financial Collapoe : LaRoucbr wa Right .' Lyndon LaRouche ... bas brffl arauinl for years that the world 's rmancial sys1em WIS 00 the brink of collapoe due to unfettered growth in speculative funds; he says now that the Asian crisis is just the beginning . . .. " Order-EIE 98-005 $2S p(Jllpald. EIR News Service P.O. BOie 11390 Wahington, o.c. 20041-0390 To O<der, call 1-888-EIR-3258 (loll-free) We aooep1 VrU OJ MMlefCard l 11111111• "The present fataU y ill global financial and monetary system must be radically reorganized. It can not be refonned, it must he reorganized. This must be done in the anner of a reorganization in bankruptcy, conducted under the authority not of international institutions, but of sovereign governments.'' An EIR-LaRouche Connection Video A 90-minute videotape with excerpts from a speech by Lyndon H. LaRouche , Jr. given on Marth 18, 1998 . us poolpOid Oldornumbl< EIEIIIHI02 EIRNewsService P.O. b 17390, -...gton,D.C. 2()1)11.()380 ToOlllo<,call , __ _ (loll-hN). We call thi s the Citizens Protection Act because ... what we are trying to do for the ordinary citizen is absolutely important to their individual protection. $ 2 5 postpaid Order number EIE 98-007 -Rep. Jahn Murtha Hlghllghla of Ille hialOrtc: Aug. I dlbale In Ille Hola of ReprNentallVN °"' Ille 11111 tMI would cnall clown on ..... by Ille Juatlce ~ient. EIR News Service P.O. Box 17590 Washington, D.C . 20<Kl-0590 To order, call 1.....eJR-3251 (toll-free) We accep1 VIM o, Ma-.Canl 0 September 1998 For mo re infonnali on , coniact the publisher. The New Federalisa P.O . 8oJt 889 Leabura, VA 20178 NPP98-501 • I 0 C ' • • • 0 .. - INTRODUCTION LaRouche Warned You- Now the Crisis Is Onl E in 1994, economist statesman Lyndon ouche issued a White Paper documenting the British The 'Triple Cum' c:ollapN funcllon standards of increasing portions of the world's population have gone through the Boor. hand behind the assault on the U.S. Presidency. The only viable explanation for that assault , he +A said, which a'ell then was aimed directly at the removal of Presi- dent Clinton from office, was the global financial collapse, then already surfacing in the deriva- tives marltets and elsewhere. The -Ii British intent , LaRouche showed, was to prevent the U.S. Presi- dency from establishing a new financial and monetary system, in the interests of our citizenry and the world's future as a whole. ~ 11111, LyNIDn Lallouclle 11N ._....._ While LaRouche has had proposals for reorganization of the world financial system on the table for decades, in 1996 he put it forward as a New Bretton Woods proposal. La- Rouche's New Bretton Woods plan calls for the convening of a meeting of heads of state, including those of the United States, China, Russia, and other leading nations, in order to put the international system through bankruptcy, and set up new ground rules which would protect all nations apinst spec- ulators , and re-eatablish eclwMllc ·•-11•1 ,GIi ............... .. Today, that assault has come epecullllMlluMlle...i .......... --,. to a head, and it's no coincidence that it has done so precisely at the time when even the world's financial gurus have to admit that there is a world financial breakdown , and that we are facing a world depression. If you are all tied up in the salacious garbage Grand Inquisitor Starr is putting out, you've fallen for the oper- ation . The real story is that the world financial system of the last 30 years has collapsed, and cannot be repaired. The most urgent political question facing this nation, and all nations, is whether they are going to implement a workable proposal to replace this monetary system, or whether the world is going to fall into the chaotic horror of a New Dark Age, dominated by disease and death . In fact , anyone who is trying to remove President Clinton from office at this time of crisis, is sabotaging those vital economic moves . And that amounts to treason . Economist Lyndon LaRouche has been telling you for decades. that this breakdown crisis was coming, and what had to be done. Unfortunately, not only the average citizen. but also the leading policy circles in this country, and other leading nations, have decided to ignore the plain reality. The Triple CurYe collapse function, shown here , which LaRouche began to circulate in 1995, has become so clearly true , especially as the Western stock markets have gone through the ceiiing with "irrational exuberance," and the living standards and consumption national sovemgnty and economic growth. In February of 1997, LaRouche's wife, Help Zepp LaRouche, joined with Ukrainian parliamentarian Dr. Natalya Vitrenko in launching an international driYe to get President Clinton to comolie such a New Breuon Woods conference. Hundreds of parliamentarians signed this petition, and the U.S. P'fflllllfflt WU bom- barded with demands that it act. Yet. deaalite imic:arioos that the Treasury Department, in particular, under- stands the need to rewmp the world monetary syatcm, the "official" position of the administration remains in favor of the IMF system that is destroying the world. Lyndon LaRouche has always said that it would be President Clinton's refusal to break from the free.crade, IMF system that would destroy him-not any political scandal. Now that the financial aisis is beginning to hit the United SI.ates, which so many had deluded themtdYes into thinking -immune, the handwritina is indeed 00 the wall. There 'is very little time fur the President to act. The details of the conspiracy apinsl the Presidency have been published by us elsewhere. In this pamphlet, you, the citizen, will find exactly what you need to know about the financial collap&e, and what needs to ~ done. Your immediate action, or inaction, will determine whether this nation, and world civiliz.ation, survive. ~//,/998 • 0 I 0 C , • • '-. • 0 - AMERICANS To SAVE THE PRESIDENCY O ur nation, and indeed, the entire globe, face a crisis whose intensity is unprecedented in mod- em times . The world financial system is breaking apart. Russia is exploding. The Japanese banking sys- tem is teetering on the brink of collapse. The huge deriv- atives bubble is about to pop. The continent of Africa is wracked by war and famine. Here in the United States, behind the thin facade of "economic prosperity," the vast majority of our people are suffering. And , that suffering only promises to get worse, if the current issues of the day are not addressed directly. with clarity and resolution. The future of our nation-and, because of the very unique role our nation holds in the world, the future of all humanity~ on what the President of the United States does in the days and weeks immediately ahead. We, the American people, elected Bill Clinton as our President. He is not the President of Democrats or of Republicans, but of all Aniericans. And, today, President Clinton, and as such, our nation, is under attack. The details of what may or may not have occurred in what has become known as the Monica Lewinsky mat- ter, are not only constitutionally irrelevant, they are also irrelevant to the well-being of the American people. More than two years ago, it was irrefutably established that the entire Whitewater scandal, which spawned the Lewinsky matter, was conceived and nurtured outside the borders of the United States. Ambrose Evans- Pritchard, a so-called British journalist, with close ties to the British financial and intelligence establishment, has repeatedly and publicly taken credit for being the initiator of stories that began in the British tabloids, and then moved down the media food chain to the U.S. press. It was Ambrose Evans-Pritchard, by his own admission, who found Paula Jones, cleaned her up, and found her a lawyer; who established the first ties with Richard Mellon Scaife, the private piggy bank of Ken Starr and his treachery From the very beginning. the basis for what has become the mosl expensive witchhunt in our nation's history, has been completely illegitimate. Indeed, if Signed: Madam Attorney General Janet Reno had any integrity at all, Ken Starr would have been fired long ago. We address this statement first and foremost to President Clinton. Mc President, you have our support. We elected you to serve, and we intend to eDIUff that you are able to fulfill the unique responsibility of your office. We want you to de\'Ote your attention to address- ing the crises of the day. Second, we address this message to members of the United States Congress. You are sworn to uphold the spirit and the letter of the U.S. Constitution. Included in that oath, you are pledged to defmd the nation, and the institutions of the nation, es~ the institution of the Presidency, from enemy attaclL Your responsibility, both morally and legally, is to suppon our President so that he is free to do what he must do, without distrac- tion, to protect the vital interests of our nation and peo- ple, in this time of grave crisis. Any action otherwise, under the CUITfflt conditions, is the moral tqllivalent of treason, and we shall treat it as such. The initiators of this petition process were: Ed V ........ Michigan House of Representatives n.-Jacboa, Alabama House of Representatives i-,. ,._, Tennessee House of Representatives . a..te. QalacJ 'ftooape, Missouri House of Representatives llanld 1-. Pennsylvania House of Representaliws ..... ee-, New Hampshire House of Representatives a-tea ......... Louisiana Hl)Ule of Representatives W. Ma1laez, Connecticut House of Reprelentalives 11leo Walrllr lllldlell, (f) South Carolina Slate Senate HfflNlt flelillas, (f) South Carolina Slate Senate 1-.._, (f) U.S . House of Representatives Demlla Dellwo, (f) Washington House of Repraentaaives J-a.mu. president, Coalitioo of Black 1nde Unions, Nonhwest Alabama (affiliations given (or~ on}y). NAME _____________________ TITLE _______________ _ CITY/STATE ____________________ ~PHONE ( NAME _____________________ TITLE _______________ _ CITY/STATE ____________________ ~PHONE( NAME ---------------------TITLE _______________ _ CITY/STATE PHONE ( Please return signed copies of this petition to: AIIEluCANS To SAVE THE Pal!smENcY c/o P.O. Box 20244, Wahinaton, D.C. 20041-1244 ; ,,. . 0 I 0 ' • • • • 0 • by Lyndon H. LaRouclle, Jr. Lyndon LaRDuclre 's remarks wen! made via awliot.ape to the Labor Day 1998 conference of tire lntemationol Caucus of Labor Committus and tire Schilkr Institute. This is the full 1ran scrip1 , to \\'hich sublreads have been added. 111 speak 10 you on the subject of leadership. By leaclenllip, I mean 10 put to one side all ideas about presenting suggestions to various people as lo how they should do things, put to one side local programs, local projects, all these sons of thinp. And also, in a sense, put aside program. 'l1le _.. .. -In • at.la wblch .. beat -- pared to a --W -· We muat win die ...W - If we do not win the war, eftl'J1lllas elae -do will be, In effect, • WMte al dim, .......... al effort. So. we must concentrate, always, on wbudas the war. that is, to exen the leadership which results in a transformation of the world as a whole, from a world d o minated by what has led to the present crisis, the present threatened New Dark Age, into a new world , which is a world of reconstruction and recov- ery. We muat win that -. aad -_... bep oar eye OD that ball, and not be diverted by -.eaOed "other questiona," or "questiona which llluat alao be conaklerecl." Let me make this dear. As far as a program is required, the program required to take this world out of its present mess. and to launch a program of recon struction worldwide, which will permit the solution of most of the leading problems of humanity, that program is already defined . It aeed aot be Invented qaln. It hu been illMDtecl. We've pre- sented it. The events of the recent period have demonatrated that our argument, my forecast, the forecasts of my associates, have been correct . The program we've pre- ,. .. seated, is based on the same considerations as those forec:uts, which means that what we've prepared, as a program, is correct, and all of the alternatives are wrong. So we simply have to go with the program we already have for reconstruction . What is needed, is to realize that the reason the world is in the mess it's in, is not merely because we've had bad leadership. We've had bad leadership for over 30 yean. That is, we've had a shift, for over 30 yean, from policies of, say, up to 196,U,4, which worbd, dapite aD their lhoncominp. And beBlnning 1964 tlirough 1972 , we introduced in the United States and global) • policies which do not work, or work to the effect of destroyina the world economy, destroying society-«stroyina people. A policy which is headed toward Hell Now, the problem is not memy that leadership has provided bad advice, or Introduced bad principles, although they have. The problem has been, that moat of the institutions, and the so-called awn,e people in society in the United Slates and other nations, .._ acceptecl these changes. And therefore, their heads don't work properly. Because even if you give them a oorrec:t program, they won't carry it out . Why? Because their heads have been scrambled to fit this post-industrial, utopian New Dark Apglobal- ization/free-trade psychosis. And as Iona as people think in the ways that they learned to think. In order to Uw In the world of post-industrial society and the world of globalization, the world of free trade; • Iona as people continue to think with the habits of mind auociated with the put 30~d yean, there's no chance, even with the best leadenhlp, that the United States and other nations will lW'Vlw. So therefore, what we have to c:onceatrate on, ii cbanslnl the illlille of the lndMdual hNds of a lot al people, bepnnin, with the Pnudeat of die United 5 I 0 ' • • • States . We have 10 c han ge the charac- teristics of individ- ual human behavior, the m e ntal c harac- teri s ti cs of individ - ual human behavior. In a se n se. to go back to the way we used to think before 1964-72. not quite that . but that 's a good comparison. • 0 - ;, Clinton to China, and to the other nations with whom China has a natural partnership in Asia, and Eurasia, is cru- cial. Now, how are we going to win the war? lt'a lmpoaal- ble to chan1e the world in time to aave humanity, lncludlq the peo- ple of the United St a tea, or Eaat TIie Plwldant GI 1119 Unllad....., • CllnlDn However, we're not going to get out of the mess simply by a good partner- ship. We're going to have to transform the world techno- logically. That is, we're going to have to go back to what used to be called the American System , in which science, working together with the machine tool design sector, is Oahkoah, for ex- ample, from a New Dark Ase, unleaa the Prealdent of the United States chaqea hla mind and behav- ior, from what be'a been clolns up -tll now, to provide the world the kind of leadenhlp role of the United States and lta Prealdent which ecboea the role performed by Fnnldln Rooeevelt in the late 1930s, and durlns the war. That's number one. That's number one ball. Certal• ....... Are Cnlclall Now. the President of the United States can not do this alone. He needs the support of the American peo- ple , or at least a lot of them. of course. But also, he needs partners. Not only many partners, but certain partnt.>rs are crucial. For example. the only major nation on this planet , which has been functioning successfully for the past 20 yea rs. is China. Every other nation has been a failure . in terms of its general direction of perfor- ma nce. China, which has probably one of the best governments in the world today. in terms of the qual- ity o f leaders hip, the kind of quality of leadership required to get through crisis, is one of the strong forces in the world. and is a key factor. both in Southeast and East and South Asia; as with its potential c ollaboralion with India, its collaboration with nations of Southeast and East Asia, its collabo- ration with countries in Central Asia. Its important relationship to Russia , for example, even though Ru ssia 's a mess-the relationship of China to poten- tial cooperation with India, Russia, and nations of Central Asia . is crucial. Therefore, the relationship of 6 transmitting new technologies, not only in the sense of big projects. but into every pore of society, improv- ing the productive powers of labor. improving the quality of product, and so forth . We're going to have to provide that to all parts of the world. If we don't, we can not have the kind of reconstruction program which we need. China does not have that kind of capability. It has some machine tool sector, it has some science. No country in South Asia. or Southeast Asia, has that kind of capability. No country in Africa even approaches that kind of capability. Argentina used to be a leading country of that sort, a machine tool coun- try. That was destroyed successfully, since the end of World Warn. Brazil had potential, but that's being destroyed. Mexico could have had that potential, but that was prevented in the 1970s , and then, from 1982 on. Kissinger and Brzezinski were key factors in that problem . What we're going to have to do, is we're going to have to mobilize countries which used to be the world's big machine tool design exporters, to crank them up, not only for their own domestic needs. for restoring domestic progress, technological progrcS11, domestic increase in the productive powers of labor. We're going to have to supply this technology, or this flow of technollll)'. Into countries which do not have good, solid machine tool design capabilities. The countries which traditionally have this kind of capability include the United States, Gelmany. Japan, some other countries in a lesser dqree in Europe. We're going to have to mobilize those countries u • I 0 ' • • • major exporters on long-term agreements-that is , long-term credit and other agreements-with these countries of Asia. and so forth, for a global recovery program . 'ACrl .... ~llaar 11,• We're going to have to also revive Russia. Now, what has been done to Russia, is a crime against humanit y, particularly since 1989 . Everythln1 that was done In the name of ref-In Ruula, was wrong, crimlnally wroas, If not jmt criminally ata- pld, u some of thOH propoaals that have been made &om the United States. Russia's potential lies, not in its raw materials, or becoming a raw materials exporter. That was crazy, that wu stupid. It haa to 81op. Russia's potential, like that of any industrialized nation, lies in the effec- tive utilization of its most skilled section of its pro- ductive labor force . This includes fanning, of course, good farmin g. It includes good industry, good manu- facturing , good infrastructure, all those things. But especially, a modem Industrial nation rlaes or fall• on the quality of both lta a1rlcultural progreA, technolostcal pro,reA In asrfculture, and, In the same aeaae, In lta machb. tool clealp sector, the -1 advanced, acle11Ce41'1Yea NCtor of makln1 machine tool• that make machine tools. Now, Russia had such a capability in the Soviet Union. This was called the military-scientific-industri- al complex of the former Soviet Union, which has been now largely wrecked. But elements of these insti- tutions . as ty pified by the Russian space program. still exist. In bad repair, but they exist. The people exist. Russian skilled scientists and related technicians still exi st. If we can mobilize Russia for itself, to rebuild itself not a s the kind of mess that Viktor Chemomyrdin and company have built , but help it to mobilize itself as, in a sense , on an emergency war economy kind of basis, to get its peo ple back to work, to rebuild and reacti- vate its machine tool design potentiality-which was former!,• located in the military-scientific-industrial comple~-then Russia can beco.me a major contribu- tor, especially in parts of Asia-East Asia, China, South Asia , a s in India; Southeast Asia, and into, also, Africa-<:an provide a massive now, a growing export of machine tool design capability, working in partner· ship with the same kind of effort from the United States, from countries in Europe, such as Germany, and from Japan , if we can get Japan back on the ball , so to s peak. So , the President of the United States must bring this kind of leadership to nations. that is, the nations I mentioned are not the only ones, but these are the • ,,,_ . 0 .. • core nations, around which other nations can group themselves for the kind of undertaking which is required, for a global economic and moral reconsuuc- tion of this planet. ..... LHIIII ill to Cllldoll For that, we require leadership. We can not simply say "Support Clinton." Well, Clinton often does the- wrong thing. He's not a bad guy. I don't know about some of the things he does or does not do , or is alleged to do. But I know that he often falls short of the requirements of leadership. But we've elected him as President. And as President of the United States, he must, as President, be the person who takes the responsibility for the initiatives which are required to save this planet. Not all of the initiatives, but he must play a key role, to permit the other parts of the planet to function: China, East, Southeast Asia, Europe, and Russia, and so lorth. He must do that. We muat pro,lde him leadenldp, ao that he can prcmde leadenblp. Now, we also have another problem, in addition to that kind. The other problem is, the degeneration of the moral and intellectual quality of the populations of the United States, of the nations of Europe and other parts of the world. If you go back to the 1950s and early 1960s, and if you can recall the way people thought, what they knew, what their cultural level was, what their intellectual Ind was, you would rec- ognize that during the succeeding two generations, o"·er the past 30 to 40 years, that the quality of the populations of the United States and Europe in par- ticular, the intellectual, the moral quality has col- lapsed. And this is particularly true since the 1968-1972 period of change. People are less intelligent, less moral. less capable than they were then . This change, this degeneration in the qualities of our pop- ulation, or our younger generations in particular, has been, in a sense, deliberate. Our people have been conditioned to operate on • morally inferior level of functioning. For example, think today: How many members of the U.S. labor force, if they were taken into • modem indusnial plant, usina modem technology, how many of them would be qualified for employment in those plants, in those jobs? "8 appoNd to the pat num- ber of people who, in the period of the 19405 -World War D -or of the 19505, or of the l'960s, were capa- ble of performins those jobs. We ........... .,... .. GIiiy .... aldlla, .... ,... dacdwe aldlla, but die pu h lh=i llilllad pnteadal al_. -pa .... • la die U..... ......_ We've also made our people lea rational. People today are much less rational. than they were 30 yean aao in the 7 • I 0 ' • • 0 .. - United States. The sa me is true in Europe. For example . let 's tak e the case of Germany. Under Willy Brandt , who wa s owned by many people-that is, many s po nsors, including J o hn McCloy, and also various other governments, no t with all of whom John J . McCl oy would ha ve agreed-Brandt introduced, under hi s s ponsorship , an educalional reform bill in Germanv. The result of this educational reform bill, called the Brandt Reforms, has been to take a Gennan population , which was of a very high quality because of its previous Classical-humanist education system, and taken from the same families, people of the same backgrounds, and has made them almost today, non- func tional . The level or literacy, the level of developed intelligence of the typical German today, from the generations which were graduated from aec- ondary schools after the 1970s, ls much lower, qualitatively lower, than the populations from the same ramllles of the same general back- grounds, prior to 1970 and 1972. It 's visible, in many ways. Therefore , we can define a program-we have defined a program-for reconstructing the world economy. The program will work fine . Our big prob- lem . is two. Number one. to get leaders such as Clinton to do the things they must do: to provide them the leadership they must have, to provide for them in tum to play the leadership role which they mus t play. Secondly. we have to recognize that the popula- tion, in Its present state of mind, would fall to ful. fill the performance objectives of this prop-am, because o f what 's happened to their minds, the minds of th e population , over the past 30-odd years. Therefore. we must make our people. our ordinary people, from all walks of life , aware of the shortcom- in gs which have been introduced into the way they think. A s imilar thing happened to many of us, some SO- odd years ago . We went to war. Now, I was a little no n -com . lowest leve l. in that war. And I was involved in the training command for a while. before going overseas. And we brought in each batch from the s treets, from the buses and the railroads, we brought in people from every nook and cranny of U.S . society, virtually. We put them together in training platoons in the training centers. And we cleaned them up, we edu- cated them . we made them functional. The first s tep of this was, of course, in the CCC . The first major rese,ves we had for mobilizing divi- sions for World War II. came out or the Civilian Conservation Corps , which were turned into a mili- tary force. essentially, and were a key part or our mili- tary mobilization. ) 8 • So, our problem was, coming out of the 1920s and the 1930s Dep.-ession, was to take a shattered, demor- alized population, shattered by the effects of the Flapper Era, by the effects of the Depression, to mobi- lize them, to re-educate them, to motivate them, to change their attitudes, to make them more optimistic, to create a fighting force to rebuild the world econo- my, especially the U.S . economy, and to deploy this force internationally. We did it . The big challenge for us today, is to not only change the mind of the President and people around him, to bring them up to a higher level of thinking and discipline, and commitment, but also to think of our general citizenry, who are demoralized, who have lost the mental skills for making decisions which their parents had, or maybe they had 30 years ago. To remoralize them, to encourage them, to make them aware of what the problems are that they're going to face in their attempt to perform within this global reconstruction. That 's our job. That 's the job of leadership. We must not simply go out and be practical people and say, "Okay," --like a wise guy-"Look, fella, I'm telling you what you've got to do." eh? And walk away as if somehow, you've solved the problem by giving that instruction. That is not going to work. You're going to have to deal much more seriously, with your friends and neighbors, and people you meet otherwise, to realize they need something else. They don't need to be merely kicked and told what to do, or be given sug- gestions, and then you walk away, and see if they carry them out. You've aot to rec:opbe, that -·re .... to she people Instructions, which, at the present -t. they are payc-holnp:al Incapable, intel- lectually and c:ulturally, ol am,lns out. Just as we took people off the streets, and drafted them into World War II, and turned the disheveled and confused draftees into an effective military force , we're going to have to remoralize our people. We're going to have to make them aware, of what the higher level of thinking is. We 've got to have them become leu mediocre, more moral, more optlmlatlc-h?-more self. reapectlns. And that's the job we have to do. And that's the job we have to focus on. We have all the tools, we have all the knowledge needed, as to 11Dw, what blueprints are needed for rebuilding this world economy. But we will fail, unless we mobilize the 'inside of the heads of indi- vidual people, starting with the President of the United States, to cause each to provide the leadership, or play the other crucial roles that each must play, in order to make this attempt at a global recomuuction of civilization woril. Thank you . • • I 0 f • • • • " . 0 .. • The Flnanclal System At the Blowout Stage W hen "global meltdown" is the cover story or the major magazines of the United States and Great Britain, the reality of the break. down or the world financial system has obviously become too oven.•helming to ignore. That is the situa- tion as of Sept . 11, 1998. The bankruptcy or the IMF system has become acceleratingly clear over the last year, as one nation after another in Asia, then Eastern Europe, and now Ibero-America has gone through major convulsions or its currency, its stock markets, and its physical eco- nomic basis for existence. Now the crisis has reached the point of state bankruptcy, where Russia has declared a three-month moratorium on state debt, and of a forced return lo protective measures, such as those regulatory controls which have been put into effect in Hong Kong and Malaysia over the past sever-al weeks . The so-called Asia crisis began in the summer or 1997, triggered bur not caused by the international speculators epitomized by Golem George Soros, and his hedge fund buddies. From that time forward, there has been not a hint or recovery, as lhe IMF has demanded more and more cutbacks, and jobs and liv- ing standards have collapsed to ever lower levels. First Thailand , then Malaysia, then Indonesia, then South Korea, came under assault, and found first lhe value of their currencies devastated, and then their popula-tions . Promises by the IMF to heal these afflicted nations were either colossal failures , or were not delivered on. In fact, it's now clear to most thinking people in the area of finance that the IMF is a total disaster, and f . only contributes lo worsening the situation in any country. Instead of being aided by IMF efforts. the nation of Indonesia, for example, has literally seen the progress of the last 30 years in providing for its people Wiped out. 11ie decline in the value of its CWTency, i.e., its ability to impon, is just exemplary of the devasta- tion, which has led to food shortages and massive unemployment. The bankruptcy in South Korea at the end of 1997 nearly brought the world financial system to its knees. and threw the world financial policymak. lndcN..,.•a currency (U.S. dollars per rupiah) S0.00045 S0.00040 $0.00035 $0.0003() S0.00025 so.00020 S0.00015 so.00010 $0.000015 '°·00000 =1,,:-:.,::-, -ar.i::-:::--=,..,::-, -,:-:,..,=--,::-... :-:-,11=-=11=--,-.::-:::---..,,:--:.,,::-:::.,- 11 • 9 .. I 0 C ' - • • • 0 - AuMla: bubble va. rNl economy (Index 1990 z 100) 400 350 300 250 200 150 50 / O+----r---ir---r----,----.--..----, 1990 1991 1992 1993 1994 11115 1118 1117 ......... ~ collap111 In AuNla (yNrs) 65 114 62 81 80 59 58 57 --~---~-~-~-----~ 1m ,m ,~ ,m 1• 1• ,~ ,~ ~ ers and bankers into a frenzy of crisis-manage- ment-<>ne meeting after another-for the last nine months. .............. With the Asian crises still in full force, the next area of financial disaster was Russia. 1.MF measures from 1991 forward have devastated that nation's productiw sector and population, vinually turning power <M!r to "free-enterprise" mafias who have made billlon1 , while the population is literally killed off throu,h increases in disease and the death rate. But at the 10 • same time, the Russian state was required to go into deeper and deeper stale indebtedness simply to sur- vive. Through the summer of 1998, that indebtedness began to grow at an exponential rate, piling on short-term debt at a rate that the country would clearly be unable to pay. The end of the game was reached on Aug . 13, when the Russian banking sys- tem literally came to a halt, unable to honor requests for payments. On Aug. 17, a de facto state of default on foreign debts waa declared, and remains in effect. Despite the eventual appointment of a aowm-nt apparently ori~ to replacing IMF "reforms" with a policy of building up industrial production. the Russian crisis renwns politically aad financially explosive. As the aa:ompanyillc chan lhows. the debt and production have been ,oing In opposite direc- tiom. Now, with financial chaos u well, the Russians ~ facing potential food shortages and perhaps even the breakup of regions, with possible nuclear compli- cations, unless a plan for dumping the IMF, protect- ing the rurrency, and rescaning production is adopt- ed. .__ .... llipt on the heels of the Rusaia crim has come Broil, the world's bigest foreipl debtor. and the el1hth-larsest economy In the world. It is widely acknowled1ed that if the Brazilian debt bubble nplocles, it wil nae oaly take with It most of ~ America, but it wil uo have a direct, major neptiw effect oa 1hr United Slales. The accompaayina chart shows how Brazil has -its debt obtipsimw ... jull within -lut few years, IO a darty ~ ...... A limilar pnrm, owr a sllahdY ...... period ol time, is depicted in the graph for Mexico, which reftect1 the proceH LaRouche's 1riple Curve deacribel, of rapidly rising debts against sharply declining manufacturins pro- duction. As of early September, effuns by -llrullian sov- emment to prevent the cri1i1 from P'OWUII out of control bepn to fail. Al least S 11 billion 8ed the coun- trY in 1hr &rat 10 days ol September, and the .-,a- -a WU forced to return to jaddns up mtaelt 1'111111 to emrbitant levels to Icy to ntaiD capkal. ~ is ~ In netshborins Arpadm. which ....... 1-vily on 1hr apon -tet of Brull mr ..... Ila indualry ..... II baa been widely apec:ted that the llrulllaD So'f- -t would keep up ........... --to prop up the markets only untJI Oct. 5, when Presidential election• are achlduled, and current Pnudent Pemando ~ Canlalo ..... ID be a. • 0 f • • • Equity as percent of derivatives JPMorgan • Benken T1'1181 -ChaN- Flm Chicago Clllcorp Nlllolll8ailk BIIIIIAlnertce 1.Cl'K. • 0 • 1A currency off the speculative market , has called the question on derivatives trading in the ringgit , and could lead to disaster . ............................ , For years now. the powers that be have insisted that the rest of the world could collapse financially and economically without the United States suffer- ing as a result. Such a delusion depended on ignor- ing the phyuc:al reality of the decline in the U.S . economic base-reflected in the lowering of wages. the collapse in vital infrastructure, and the overall reduction in living standards. LaRouche has esti- mated this decline at 2 ~ a year, over the past 25 vears. There is no question but that the "Asia" crisis of the last year has hun the remaining industrial base of the United States. The graph we show here reflects the decline in real goods trade which is associated wi1h 1he fact that about 40"•o of U.S. physical goods exports u sed 10 go to Asia , , hich is now flat-out. Even more dramatic has been the decline in the U.S . agriculture ~ector. Because of declining world raw ma1erials prices-associa1ed with the world depres- sion and canel action to put independent producers ou 1 of bu iness-prices for farm produce are now plumbing the depths they hit decades ago . Farmers are going out of business en masse. and the food that is produced is often unable to be delivered becalllle of the collapse rail infrastructure in the western pan of 1he countrv. Then , there's the financial side. What has created 1he appearance of prosperity in the U.S. has been the stock market bubble, which has drawn about 40% of American households into the gambling hysteria. People ha,·e borT<>wed on credit cards, taken money from their retirement funds. and otherwise hocked 1hemselves in order to "strike it rich" on the bull mar- 12 Europe 34% ... U.S. llt ground zero of derlvlltlvea explosion Olher1% ,. . North America 50% ..._. al ............ dertvall-Ollllllndll. Man:111- Mar July Sapt. Nov. Jan. Mar. Mar krt. As of the summer of 1998, that bull marliet has come to its losica1 end-and there is no tellina how far down the collapae is aoina to go. What's cenain is that lots of people haft lost a lot of money-.xl that this Is only the bepnninc. Unleu President Clinton Is prepared to take action of the son that FDR did, the U.S. could indeed face the same financial pualysia that lluuia did on Aua . 17. As the chan shows, the u .s. ftmncial system stands at pvund zero of the lnteraational derivatives marbt. A blowout on these marbts in Japan, or Russia, or Malaysia, will hit the United Stat.es. ( I f • j , · ..... · 1 n . ~ '• ~ ,.. I 0 C ' • • 0 .. - Mexico: typical collapse function 2 (index 1981=0) 200 150 100 1970 1981 Sources: FAO: ECLAC ; UN ; Wortd Bank; INEGI : BdM, ~ SEMIP. SARH. SHCP. Ind SECOFI (Medco); EIR. +192 -S4 19! elected. But , as of now. Oct . 5 has to appear a very long way away, as stock markets and currencies come under increasing pressure. ~ ........... Ly ndon laRouche has continually stressed that, while nations such as Russia and Brazil represent dangerous vulnerabilities for the world financial sys- tem, the biggest detonator of collapse on the horizon is Japan-and the derivatives pyramid that is linked lo the Japanese banking system. Japan's banking sys tem is widely reported to have somewhere in the range of 1.5 to $2 trillion in bad loans . which the government refuses to write off. Worse , many o f these banking institutions are heavily in ves ted in the international derivatives market. Go\'ernment s pokes men have indicated that the exposure o f leading Japanese banks could be as high as from several hundred million dollars, to a couple of trillion dollars, in this game of roulette. It is considered highl y likely that major Japanese banks like Long Term Credit Bank and Fuji Bank ha,-e already suffered major derivatives losses which thry are trying to cover o,•er. Rather than face the loues, the Japanese Central Bank has accelerated its com- mitment to print money, reducing interest rates to a mere 0 .25 %, and looking to literally paper over the crisis with a Weimar-sty le rush of liquidity. Brazil: treaury bonda outalllndlng (bilions of reals) 230 205 180 155 130 105 226 80,r,-r-.r,-,-,r,-,-,r,rr-.rirr.-.-rr, 12195 12196 12197 The public mooting of a derivatives blowout com- ing from Japanese banks' losses, has been comple- mented by discussion of derivatives losses on other markets. London banking experts have spoken of the problem of $100 billion in forward ruble futures, in the wake .of the Russian government debt moratori- um . In addition, the decision by Malaysia to take its World dertvattvN growth: The cancer INN over (triliona $) $140 120 100 80 80 20 • • I 0 ' •• • • 0 .. • LaRouche's New Bratton· Woods Proposal E conomist LaRouche has been outlining the principles for a new world monetary system. based on economic justice and providing the credit for rapid technological progress for all nations, for more than three decades. The general concepts involve the reorganization of the financial system in subordination to the needs of the physical economy and health and well-being of populations-a method which i similar to the practice of Chapter 11 bank- ruptcy ,·eorgani7.ation. Such a reorganization puts a priority on ins ulating and nunuring the productive sector of the economy-as opposed to letting the claims of usurers and other predators cripple produc- tion and potential producers. Financ ially, the arrangements required can be approximated by looking at the Bretton Woods system which was adopted under the leadership of Franklin Delano Roosevelt in 1944. In an EIR seminar on March 18. 1998 devoted to outlining hi s New Bretton Woods proposal. LaRouche set fo11h three crucial topics which summarize the eco- n o mic policy c hanges that must be made. We republish that ,ummal)•. \\hich first appeared in the March 27, 1998 edition of EIR magazine here : First , th e fac t that the present crisis is p,bal and-,.. temlc, rath er than realonal or cyclical, must be acknowledged . Thi, acknowledgment is the required premise for any rational discussion of policy to follow. Within those bounds, those recent decades' institutional- ized hanges in polic)', which are responsible for a three- decades build-up of the present crisis, especially since August 1971 , must be identified, and entirely rernowd. That is , th e policy c hanges, the relevant policies made since approximate! 1966-1967 , in the policies of the U.S. govi.'mment and the British government. the policies expressed bv the 1967 collapse of the British pound sterling. the en uing disorders in the dollar. the first step of collapM· of the Bretton Woods System in March 1968 , and then the collapse of the whole Brenon Woods System in August. mid-August 1971 -the changes which have come in that process and out of that process. are the cause of what is today a slobal .,.aemlc aWs. It is not a cyclical crisis, it is not a business cycle crisis, nor is it regional. It is global. The entire system has destroyed it.self, and the unravelling, which has taken over three decades, has now brought us to the end point, to the boundary conditions of extreme turbulence, as many boundary layers tend to be. in which we either dl114eeCte those policy changes which were popularized and institutionalized during the put three decades ......... _... .. not .... lo ................. fama. Nothing less than radical excision of those institu- tionamed practices which are now generally accepted, will suffice to halt this crisis. Second. the present fatally ill global financial and monetary system, must be radically reorganized. It can not be reformed, it must be reorganized. This must be done through the concerted actions of a key initiating group of governments. This must be done in the man- ner of a reorganization in bankruptcy, conducted under the authority not of international institutions , but of -.... ..,.eanmenu.11te acceptable model fo1 · 1he reorganized international monetary and financial sys- tem, is the incontestably superior successful func tion- ing of the old Bretton Woods System of the pre-1958- 1959 1950s, over anything existing since those axiomat- ic changes in direction of policy-shaping which were introduced by the United Kingdom and the United States, durina the period 1966-1972. 11te required measures include: a) periodically filled exchange values of national cur- ralcies; b) limited convertibilities, u may be required: c) exchan,e controls and capital controls; d) ro.tering of neceuary prot«tionist measures in tariffs and trade reau)ationa; and e) oudawtna of the creation of markets which con- 13 • I 0 ' • J • 0 .. - LaRouche's Nine Economic Forecasts 1. Autumn 1956 Forecast: A major .S . econom- ic reces,ion, tri ggere d by the over-,tretching o f a pos t -1954 cred it -bubble centered in financ- in g of au tomobiles. housing, and analogou, cons umer goods. 2 . 1959-60 F-..t: A series of major mone- ta~ disturbances. leading toward a collap,c of the Bretton Wood agreements, re ulting in increas.ed looting of developing-sector nation,, and auste1i ty mcasur·es modelled upon those of fascist regimes . F-..t: A de\"astating recession, beginning earl , 1980 , as a re,uh of Federal R<!>etYe chainnan Paul \'ol kcr', credit -strangulation policit..-i,. "\'olc ~a "ill ca use a I sco r(.-cession in th e U.S . economy, probably putting the nitcd State, imo a recession twi ce a, se,cre as that of 1974 ," l..a Rouchc wrote o n Oct. 16 . gmcmm e nt , that if it were to reject a \\btcm offer of joint ABM development (w hi ch lx-'Came known a, the .S. Strategi c Dcfcn,c lnitiathe, \\he n it wa;, adopted b, Pre,ide nt Reagan o n March 2 , 19 3).1hestrain,on1heComecon .:,co nom~ \\Ould !cad to a coll ap,,e of that <!<:ono mi c ,y,1em in about fhe ,cai F-..1: A colla pse in a large ,ccti o n o f the .S . banking ;,y;,te m : the ,aving, and loan and rdated .cctors. "The bankmg ') tem as a "hole bat the brink of collap,,e ," LaRouche to ld a June I tclevhion audience. 14 .... , .. ,, ... Recession spiral begins in February 1957 , lasting umil mid-1958. Hundreds of thousands of industrial work- ers lose their jobs, as unemploy- ment climbs to highest levels sinc.e the Depression . ,--.em ... .... h "'H* On Aug. 15, 1971 , Presidem Nixon decouples the dollar from gold , collapsing the post-World War II Bretton Woods monetary system internationally; Nixon then initiates Phase I , II, and Ill austerity measures at home . ·~..:: ., ..... ....... I ... MIii.Um ... ••• nlll lll flll ... h "•••• Texas 5'!Ls begin 10 col- lapse in late 1987. Through thr end of the decade, the savings and loan system coast to coast is in crisis, with many banks PIIE under, or being purchased by larger institu- tions. The crisis requires a billion-dollar bailout with federal tax dollars. ·• .-:1 .. "'\ . ·.. n .I I •.,. I ' • • • 6. May 1987 F-..t: The out- break of a major col- lapse in the stock market beginning approximately-Oct. 10, 1987. This was LaRouche's first and only stock-market forecast. ,,_ua1t: During an April 12 nationwide half-hour 1V address, LaRouche described the "'bouncing ball" phenome- non as the key to following the continuing collal)!,e of the U.S. economy through the course of apparent short-term fluctu - ations relatively up or down . F .. cnt• An ongoing "mudslide" of economic collapse, rather than a dra- matic blowout. "Many people have been looking for a definitive one-day, two-day. three-da financial crash. perhaps on the markets, with the Do" Jones, sometimes called Baby Jones. Index crashing 500 or 1.000 points or more. What they are see- ing is ... the great mudslide of 1991 ." LaRouche wrote on Nov. 23 . F••caet: The presently exist- ing global financial and mone- tary sys tem will disintegrate dur- ing the near tem1 . The collapse might occur 1hi , spii ng . or s um- mer. or next autumn; it could come next year; ii "~II almost certainly occur during Pr-esident William Clinton's first term in office; ii "~U occur soon. That collapse into disintegration is inevitable, because it could not be stopped now by anything but the politrcally improbable deci- sion by leading governments 10 put the relevant financial and monetary institutions into bank- ruptcy reorganization. 0 • .. • .... , ,, ..... Black Monday, Oct. 19, 1987: the Dow Jones lndusUial Average drops 508 points, or 22.6%, ~ largest loss in its las- tory, twice the col- lapse of 1929. Wllllt h °'' II I. Federal gov- ernment "indicators." and the Dow Jones Average, adjusted to include non-productive service industries and jobs and profits from activities such as derivatives trading. show modest recovery, while productive base of the economy continues to collapse. Wllllt hl,r IHI. 1993-94 bankruptcies of major financial institutions in Venezuela, Gemwly, Spain, and elsewhrre signal a systemic crisis; the bond mar1'et collapses; major playen,, such as the Canada- based Olympia & Yorit, the world's laf"F ma.I estate compa- ny, go under. Wlllltt fl ••••Aftera series of derivatives blowouts in 1994-95, and the near-col- lapse of the entire monetary system with the Mexican crisis of that same period , a hyperin- Oationary spinal, including rapid derivatives expansion, delayed the di5intesralion into Prnidmt Clin1011'1 s«:Olid lelm. SCanin& in the summer of 1997, the rapid phase of woridwide syslffllic collapae bepn in Asia and hu now proceeded to the point of IWe benlaupcdes in Ruula, and lhe danpr of a global dcriva- the blowout al any moment. 15 I 0 •• I • • 0 - duct financial speculation against targetted currencies. Third, as measured in physical instead of the usual Normal 'Triple Claw' for hNllhy economy ful enough 10 defeat preda- 1 ory cor porations, like hedge funds , by themselves. monetary terms, the world's economy is presently func- tioning at levels of nepdw free energy, which are presently far below a breakeven point. The current levels of net physical output are lnsufflclent to prevent the existing populations and economies from continuing 10 collapse into a spiral of accelerating general physical- economic contraction, and lime This has been the case for the small As ian countries, for example. who have faced s peculators who could mobilize many times the amount of reserves which they could. But gov- ernments such as Malaysia, which just declared its cur- rency in com ·ertible for any- 1 hin g but trade, can carry out defensive measures. The monetary authority of Hong Kong actually deliv- ultimate physical collapse. Unless this shortfall in per capita physical output Flnallllal ... ....., pallcy _aid ....... ol .. producttwll--,. e red s ignificant blows 10 the international specula- tors over the recent period. is reversed and soon eliminated, no financial and monetary system, however sound in otherwise design , could function. No mere medication could save a man who is being starved to death . There is no financial and monetary system which could possibly succeed. unless it were accompanied by a general pmgram of forced-draft physical-economic recovery, a program which must rapidly approach and reach the levels of sustainable, positive free-energy ratios. This means a recovery analogous in important respects 10 the Franklin Delano Roosevelt recovery in the United States, and on a global scale. NallHalNY9'1 ... t,NIWtlle ....... Today. six months after LaRouche's cited speech, there are an increasing number of statesmen and bankers who are looking to a return to the stability of the Brelton Woods system . Pragmatically, they have com e to the conclusion that the constant Huctuations in currency values and the wild gambling on the stock markets for a quick "return." have become absolute obstacles 10 the well-being of their populations, partic- ularly for lo ng-term investment in infrastructure and produc tive plant. In response to these pragmatic m oves. some of them by individuals and institutions previously fanatically attached to ·&ee trade." the ideo- logues are relentless in shouting, • All power to the frtt marltets!" In reality, there is no such thing as a "free IIIIIRCt ." Governments have created corporations, including banks, and set the rules, or non-rules , for their opera- tions. If governments wish to chanF those Nies-for the well-being of their populations !-then they have every right to Jo so. Now, of course, some governments are not power- 16 The principled point i~ the a se n io n of sovereign nationhood , agains • international piracy. today called "globalization ." Governments, especially republics, were created in oilier to provide for their populations in the ways outlined in the preamble to the U .S . Cons titution . As FDR pointed out in the 1930s . hew~ using the power of the government to protect people from the cartels. It is this ,·ery same principle which Malaysia's Mahathir put into effect , and which is r·equired for the e ntire world's popula- tion today. Aflllal .... For many individuals raised since the Second Wand War, the concept of an economy based on increasing physical production and productivity for the future welfare of mankind is a foreign one. To them , money or "i nformation " is \\eahh -no t the a c tual productive power of labor, in wruch man exercises dominion over nature. This kind of deluded individual , often a Baby Boomer, understands nothing about the requirements for human survh •al . Since it is useful to kn ow what a healthy economy would be like, we include here a heuristic model pre- se nted by economis t LaRouc he at a conference in January of 1998. Compare this lo the lnple Curve of collapse. In a healthy economy, finance is subordinated to ensuring improvements in production and living SWldards . In this shor1 s pace, we necessarily 0\0ersimplify, but the in-depth principles are a\'ailable in LaRouche's eclr nomic text and this 1992 campaign program book. They provide the basis for dumping the IMF system, and launchlna the kind of global reconstruction we next addresa. • 0 I 0 ' • • • ,, - 0 - I ~::::-.:..-...:-1 . . ;;;;;;_{ ~· \ T hi s map s hows . for the largest continuous landmass on our Planet Earth , the main routes and se le c t e d secondary transportation routes, which are priorit y corridors of intended and existing economic improvements, to further economic development for all peoples and nations of this vast expanse of Eurasia-home to nearly 4 .5 billion people . three -fourths of the entire world population . The Eurasian Land-Bridge in- terconnec tions to the continent of Africa are also indicated, ,howing key routes through Cairo, to Lagos in the west, and Nairobi in the east, with spurs going south. The land pathway to the Western Hemisphere is shown in the northeast comer of the map, with the proposed Bering Straits tunnel. The ar hipelago route to Oceania , and the South Pa ci fic , is hown in the lower ri1ht , From thi1 perspective , the ocean basim of the Pacific, Indian , and Atlantic Ocean are waterway for commerce ,, .. - and benefit. not isolating features . The concept of the Eurasian Land-Bridge approach to economic de\lelopment, far from being a pie-in-the-sky dream , is a conception which is already happening in key locations , and under discussion for othen. Goods are travelling on the railway from Lianyungang, on the coast of the South China Sea , all the way westward through to Rotterdam. on the Baltic Sea. The heavy black lines show three main East-West intercontinental routeways: in the nonh. the old '!rans-Siberian way through Russia; in mid-continent, the line running through Central Asia and western China; and in the south, a propoaed path 1oes through India. and the lndo-Cbimae peninsula. The map's dotted or IIIIITOWer' lines show proposed . eWlinl, and lesser linb, u noted in the key. You can easily read into the map, the old ll1lde routes of the "Silk~ of ancient"-· the old "'Fur Path" to the 17 • I 0 ' • • • • 0 .. - north , and so on. The locations of the corridon confonn to terrain and economic histOI)'. 1be name in China for this intercontinental development perspective is "The New Silk Road." and many parts of the infrastructure networks, such as oil and gas lines , fiber optic cables, waterworks, and other projects, are under construction . In the 1990s, Lyndon LaRouche , his wife Helga Zepp LaRouche, and collaborators, launched an international drive for the Eura s ian Land-Bridge , as the "New Silk Road " locomotive for worldwide economic development. (Se e EIR Spec ial Repon , January 1997, 290 pages, O n c e yo u determine that the world's governments are going to wo rk together for global recon- struction , you have to know how to appro a c h it. If you are with the Wo rld Bank, vou will decide to stress redi s tributi,;n of wealth from the richer countries to the poorer. But if you reall y want to upgrade the con- dition of mankind everywhere, you will put a major emphasis upon reinvigorating the most productive industrial centers-so that they can serYe a · locomotives for rebuilding the wo rld . In 1989 , from prison , economist LaRouc he took this approach in deve loping his "European Productive Tr ia n g le" c onc ept. The Triangle is name d for the Paris-Berlin-Vienna area which fonns the industrial and econo mi c core of Europe, including th e mos t con c entrated s cientifi c la b o r p o wer in the entire world . La Ro uc he 's plan was to prepare this region to be able 10 , e build the e conomic infrastructure of the whole o nt ine nt , particularly Eastern Europe, through build- ing t he most advanced forms of transpon , communica- ti o n . and electric power. The area o f this triangle is approximately 320,000 ,q u are kilometers, and comprises almost 92 million h u man beings . Half of these people live in the immaii- at.e e n\'iro nment of the 10 large industrial areas of the region . These are industrial centeB which are cum!fltly eein g their industries and manpower thrown on the ~crap heap , bec ause the globalized environment de mands an immediate quick profit, and c'-Per labor costs . Yet the key to real productivity is not ct-p labor and low technology, but the very opposite. From the Triangle, imponant infnastructural coni- 18 color map insert.) To think of LaRouche's idea of the "infrastructure corridor,· picture a continuous strip of land, approximateJy 100 km wide , centered on a major inland transport route (such as a railroad line). with parallel lines of high-capacity electric lines, fuel pipelines, water supply lines (perhaps including irrigation), and so on. Thus the precondition exists for ratios of power, water, and other inputs for every kind of industrial. agriculture , mining, and urban activity-the most important one being ingenuity. dors radiate out in all directions. Some are toward the East ; others go toward Africa and the South; Still oth- ers can stretch to the North and West , providing the basis for upgrading living standards in a region thrrc times the area of the center. High-speed rail was one of the major components of the Triangle plan, as it would speed the movement not only of people, but also of freight through the area. 1be technology of choice is mqnedc levitation. 1be s«Olld euential infnastnactural pillar was the energy supply, with concentntion on nuclear ix-: 11lere is no way that sufficient energy expansion could be achieved- including replacement of the wll8fe Chernobyl types of nuclear reacton in the Eal-without a renailaance of nuclear energy, most likely around the -'Y developed small reactors. • I 0 C , • A• early as the 1940s , when .S . President Franklin Delano Roosevelt met British Prime Minister Churchill in Morocco, there has been a clear outlook toward the industrial- ization of Africa . At the time, Roose,·elt told Churchill that it was intolerable that Africa remain a region for extraction of raw materials. and that, after the war, the resources had to be poured in, in order to educate and develop thriving , modern economies. This was thwaned, but not for lack of plans. Now. with the International Monetary Fund era cracking up , we can put an end to the no-de,elop- ment decades, and return to the perspecth·e of large-scale infra- structure improvements for the great continent. The needed plans exist for greening the desert, for expand- ing waterways , for building rail links and pons, for power, for new cities and agriculture regions. For example , in south- ern Sudan. over 150 km of a big trench on the upper White Nile has been dug (completing half of the proposed Jonglei Canal), then forced into abandonment, because of IMF-era international opposition . The map here shows a enter- pi ece project for the entire conti - ., .. "' .. ~ .. .. ne nt : the develo pment of the vast Zaire (Congo) River ba s in wat er resources , whi c h is known as the 'Transaqua Project." The ini,et map of Africa shows the nations directl y affected by this project-which are right now, the very nation plunged into bloody strife under the no-de,elopment , British neo-colonial geopol- itics . The Zaire/Congo River is second only to the mighty Amazon , in terms of huge ,'Olume of water. Under the Transaqua Project , a ·new river" could be created by divening water drawn off from the Zaire, and channel· ing it northward, to refresh and expand the dry Lake Chad basin. (On the map, the Bamingui & Chari chan- nel.) The Zaire River would "give up" only 5% of it now, yet , at the point of discharge into the Chad Basin , the now rate would be a whopping 3,200 cubic meters 0 - per second , which is equivalent to almosl daullle the discharge of the Nile River downstream of the Aswan High Dam. Thus, Africa pins a "New Nile!" The map also shows the route of a navipble canal in this Central African region. The halchcd area in Nig,er and Chad, shows a new agriculture de\oeloprnent region that would be opened up, covering 12-17 million acres of intenSive and semi-intensiw inipled farming. This is almost double the area now intensiwly culti, .. ted in Egypt. CrisH:rou this ~ ProjKt" region with pri- ority hiahways (e.a., a Trans-Africa highway of 6 ,000 km &om the eutcm port of Mombua on the Indian Ocean, in Kenya, to Lap, Nipria, on the Atlantic) plus rall linb. and Central Africa becomes a worid cen- ter for· hope and dnelopment. 19 • t I 0 ' - • • • • 0 • Bulld the Great Projects of SWIii Am .... 20 PACIFIC OCEAN r •. ATLANTIC OCEAN ~e map shows_ the .1 great water pro,ects called for in South America, and also illus- trates the continental scale required for all basic infrastructure im- provements: transe0nti- nental highways. rail routes, new cuts through the Isthmus of Panama and Colombia for ex- panded Pacific-Atlantic transit (I and 2 on the map), coastal develop- ment, and moderniza- tion of url,an and farm regions. The map locales and -12 speci6c canals and lakes, and denotes a gray "Productive Axis" mne -. the Brazil/Uru- guay/ Argentina region that would move inland <• the anvws lhow) with the development or the upland ...-projectl. The daft black lines .,.,., the prinapal polal- tially navipble channds of the ... river liaim, dllll can be boolried into one "Great Waterway" ... narm--dh. Of the Waterway's 9,818-km lensth. 1.650 km is local- ed in the Orinoco Buin. 4,333 km in the Amazon Bum, and 3,370 in the La l'lala Buin. The aiti- cal linb are indicated by brulrm lines. An eldmatecl 17"" of the total great Wataway route (or 1,730 km) would require ap46cant ~ in the esdmedon of Brazilian railway enpneer apec:ialist Pro(. Vuco Azewdo Neto. 'Jhe --.ways OD die nap are paths that lhlJW the mlllnll ,._ of .... I I Me" of the c:ondnmt. which ..aid be the_... ~ corridor routes (rail. powa-liw, cxamuak:atloas, etc.), whme dewlopm,eat -W II Ihm dte rich ooadaeac • > I· • C ' •1 • • • 0 .. - ... Blllldandlleetoretlle l11flntructure of North Alllerlca This map of the 1960s "North Americ an Water and Power Alliance'' (NAWAPA) s hows the continental scal e of the nee d ed wa ter s upply improvements in North Am eri a . and a lso makes the point of how behind and backward the econo mi es of the United States, Canada, and Mexico . ha\'e needlesslv become under 30 vears of anti-de\'elopment "fn!e maritet" poli- cies. For three de ade,, \\hile the amount of money into merger,, spe ulation . and the "markets" rose . investment in infra,tructure. industry, and agriculture slowed down to no thing. "Soft infrastructure· has likewise been shorted, and ratios are dropping of per-household numbers of hospi- tal beds, diagnostic equipment , etc . TIie NAWAPA Project shown here, was drawn up by the Pa..adena . Calif.-bascd firm of Ralph M . Parsons Co., and favorably re\'iewed by Congress in the 19605 for completion by the 1990s, but it was never begun . The idea is to dhert southward som e 15% of the MacKenzie Riwr (nonhem Canada$ nm-off now goin& towards the Arctic. channdioa ii through the 500-mile Rocky Mountain trench. then along various routes, eventually reaching even Mexico. The broken lines show new. navipble canals. TIie principle-on a grander scale-is the same as that of the Tenneaee Valley Authority of the 1930a, and the 1950s St. Lawrence Sea-y. both located on the map. NAWA.PA could supply an additional 135 billion pllons of fresh water to the United Stales, Canada. and Mexico, plus power. and vast rww .,_ of cultivalion. It would irM>IYe thousanda ol lkilled jobs to CIOllllnlCl and operate. When you visualize averiays on this NAWAPA map, of expanded rail linb, mapetically levitated routes. u.,......li,d lewes. and -pow«'. water, and -tran- sit (or ddes, plm re£urti.hed r.nn ...... you betin to -the \IUl _.. projem and patallial at home in Nol1h America. 21 • I 0 C • • • • 0 •• - FOR A UNION OF SOVEREIGN NATION-STATES On Sept. 6 , at 1/,e co11clusio11 of her keynote address to IM labor Day conference of tlie laRouche "'°'""""'' in the Uniled Slates , Helga Zepp u,Rouche released text and initW sig,iers of the following Call for a Unip11 of ~gn Nation-Slates, to intervene in the present world crisis 10 build a ;ust new world economic order. nre Call is being citt;u/a/Nl imema1ionally. T:1e world is now faced with what could become very fast the worst financial crisis in world history. As the cases of some of the victims of the present global aisis demonstrate, chaos, hunger, and epidemics cost innumerable lives and potentially threaten hundreds of millions, if not bil- lions, of people's existence. Since all the leading international financial institutions. led by the International Monetal')' Fund, ha\'e failed 10 protect nations, their economies, and their people, nothing less than a radical reorganization of the global financial ~'Stem , will be sufficimt to prevent an early chain-reaction disintegration of the present international financial and monetary systems. Although this is not said publicly, within the corridors of discussion among leading circles in various important gov- ernments, and elsewhere. the need for such a radical reform, of some kind not yet defined, is now understood to be the o nh possible alternative to the presently ongoing global, financial, and monetary catastrophe. The time has come, that some agency must introduce the discussion of the early design of such a radical reorp- nization. The cornerstone for building any successful reorpniza- tion must be in the form of a new quality of pannenhip between the part of the world which Is relatively most advanced technologically, and the part which reprelCllls the nations with the largest populations. What is needed to this end. is the creation of a systan whose leading features are akin to the pre-1959 period of the Bretton Woods ~'Slem. The means required include the~ lishrnent of relatively fixed i:mities among national curren- cies, and just levels of price-stability among key oommodities of international trade, primal')' oommodities most emphati- cally. The objective is to generate large flows of long-term, low-cost credit for supplying needed machine-tooi-design technologies and basic economic infrastructure to politically stable societies of the so-called developing -=tor. In such a new Bret1on Woods system, the voice of the developing coun- tries must be equal 10 that of the industrial nations. In s uch a partnership, the U.S .A. should play a key role It s p,-c/11,ril,an ~rs were: ~ Pro(. ~ G,opl,II:,. Aleen,a: D,-Abdell,am,d 8,al,;,,,;, (orrnu Pn""' M i 111<1u ( 1984-88) Arpatlaa: Dr. Al/,.Jo A/k,uk, M~mber of Co,,grrss; Mohamed Al, &n1£ldm, lon~r co1o .. ~1 of Arnn• ~ Pm(. Dr. 11.,., R. Kleca1 sh , fonner Al1111,1ero( JH5t k~: Dr. llm1s Ko«Mer. presul,111 , lmrmationa/ Progress Drgtim:JJIKm Bradl: D,; Encas Canll!1ro, candulat, fo, Pre<id,,,cv of Bra:.,) .......... ........ ofelilaa: Proft!..uor O,an Jm, Chmrg Acade11,v of Social Sck,,c,,s Colomlila: JOI),'< Cum/lo, (om1"1' Afm1s1« of l...abor (omtn' s,,,..ka o( G«,,p,n Parl..-nt, Mmtbtro( ParliammJ , Rq,,J,l,c of G,o,pa; ShaJva NtUdasJn,b, '-'-' o( /.,Jbo,,r l'un)• of Goo,po. ......,. of "Labm<risl " Focrimt m l'arliammJ; Pro{. c;_,,, Muc~, 1-xrofSocv,/ Dmtocratic Pr,ny; <.-s BldtasJrviJi _,_ of ,.,,,__ (,<NN ,..,.,,. ,._,. ~,,.,. upp-Wlot,dv, l'luidou, ScltiJler '"'"""~ ..... K../l c......i,, /iomwr Fi,,,,_ Minil-.,,_,,,,K.M~ . ran--F-Minisw. _. lwd of (o,rlp-,r.;,. rom-of c:o..,u., Pr,ny ....,. Sm. n-,;,,;,, /l'icro/J. for-, from the side of the relatively more technologically advanced economies. On the other side, China and India are keystones for long-term, large-scale development of East , South, and Southeast Asia . Russia, presently an impo\'erished nation, but with precious machine-tool- design potential in its fonner scientific-military-industrial complex, is a crucial partner for both China and India, bolh in respect to Eurasian economic development as such, and for contributing to stability within the nation-state5 of Central Asia. Other countries also, from Africa and Latin America, hopefully can be grouped around this. Such a reorganization will require the immediate write-off of tens of trillions of u .s. dnllan nominal valuation of highly speculative financial assets, such as "derivatives." while suibi- li.zing the medium-to long-term valuation, at amilnlrily low yields. of popular savings and agro-industrial and i.n&al!uc- tunll capital auets. One must think in terms of a decade of 11181111@':,ment of pal1ially "frozien" asaets, as a period in which the world economy and its nation& can build their way up out of the presmtly calalllrophic financial situation_ The principles of such a new world economic order must include a complete rrjection of aeopolitics and technologi- cal apartheid. It must be hued on the Inalienable Rights of All Peoples on the planet, which can only be protected if it's based on the principles of physical economy. Since it Is only the creativity of the individual. and his or her ability to gen- erate again and again scientific and 1eehnological pnllreSS, which is the buis of the wealth of nations, dleft must be free access to technology for aD nations without exception, in order net to delay the pouibility for develnpmenL The dea'ip ror the New World Emnamic Order lhould.., include p,11,,bmalion arn1q1 sud! allllllriea • the U.S., 1baia. Olina. India. Pamlan. and olhin. 10 dew:lop a new '9'lllion of the SDl-t..i technoqies 1-i on new physical prindpla and their application also in the civilian economy as a 9dalce driver to U1CffllllC the produamty of the wont economy. The new wortd economic Older must put to -far ever all fonn5 of imperialiam, colnnialism, and olipn:himi. and, rather than looldna at foreign policy as a long list of "mis- takes" and "wron,doinp" of the other nations, it st..dd be bued on reapect fur the best cultural traditions of the ochen. The unlwnal hisloey of mankind has reached a point where -are all litdn& in one boat: We face either a new Dark Age toFther. or a pJbal new Raaissanoe. Ld us tha-e- fore form a new alliance of SIWCreip nation& with the aim to reali:r.e a just New World E.ainomic Order in the near futuR- ,-s,,im, of j.-.,_/ Cl,rist..,,. °""""""'ic -· (onttn' mmtSla '" ,wrlous IIIIIMn ,._,,. .. ~., ',,__, ~ofOvuliM -..uic l'anyof/Hlly .....,., 11m s,; ~ __ ,,_F_ Minislry a(fid,,I, _. __,. IIIMJltr; Dr. K.assim Altmad. ,,,,., 4111d .. ,,;,~ ......... _ ,_, /lbnillo, ,,_ ,.,.,,.,, of Mmoo ...... Anwo Qauilo c,,;,;,,.,., Mmtb,ofc_.,~ c-11,juq-. .wmJi.,, of '°"""" ...._, Dr. Jo:I( Frw:114. s...to,, of /l'olisl, .,,..,. for ,,.. """"'4llon ~ ~ • I 0 ..: ' • • • • 0 • Read To Change the World! 'We're going to have to re moralize our people. We're going to have to make them aware of what the higher level of thinking is . We've got to have them become less mediocre, more monl, more optimistic, more self-respecting. 'But we will fail, unless we mobilize the inside of the heads of individual people, s tarting with the President of the United States, to cause each to provide the leade rship , or play the other crucial roles that each must play, in order to make this attempt at a global reconstruction of civilization work.' -Lyndon H. LaRDucl1e, Jr. September 5, 1998 SUBSCRIBE to a. Per".adlcal1 f/11 tlle L A1•lll1 Palllaal ..... 1•11111 ....... 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M 110.1M-1010 ........ .,410.247-4200 ......_ YA 7117-631-2216 Notllllll, TX 713-141-2807 Cllllap, L 312-3354100 ...... 11).Z32-2448 a 4111 •112-77HOD ...................... 1 .. --._ID ...... 'l'Ol2 ,.._., AZ--4111-3271 .._.......,CAl13-IIII-INO .. ~CA51NIHl70 • ...... -.aHOe, ............. 21)1441 .... ,,. - ...... NY 71N7J.Olll1 a.-.u111......., ....... ca..,,~ I 0 ' - • • • 0 ,. • -JOIN THE INTERNATIONAL DAY OF ACTION - -Mutual Funds Collapse - -President Clinton Most Appoint LaRouche as Economic Adviser - As the next U.S. mutual funds reports are published, you will see that the value of your mutual funds holdings will have collapsed catastropbjcally. Already between July and August, equity mutual fund levels fell by $450 billion, a 1055 of 15.91'.4. of the value of the funds. At least 45 million American housebolds-45% of all American fiunily households-arc involved in the stock market, either through equity ownership, tbro1Jlh mutual funds, or other means, and are in the direct liDe of fire as the fictitious stock market bubble explodes, due to the mad orgy of speculation over the last several years, which is now entering a process of reversc-leverap. As ofthe beginning of this year, 66% ofaum ofmte and local retirement funds were in the stock market, 111d W.4 of lssetl of private pension fUDds . Now millions of households, and institutions (pension funds, cbun:b and hospital fbnds, school endowments, and trade unions) arc receiving their monthly and quarterly reports in the mail showing losses with more to come. -Financial Blowout - Is the Clinton Admmistrabon prepared to handle this financial blowout? The answer is no. The Clinton Administration, which is threatened with a coup d'etat by the financial interests behind Newt Gingrich and Kenneth Stan, is still not telling the trudl about the economy. Will Alan Grecnspan's Federal Reserve bail you out. as it bailed out Grecnspan's cronies at the Long Term Capital M.lllaganent hedge fund earlier this month? The amwer is no. Greenspan is desperately lowering iDtcrelt rates, to lly to bail out some more of bis cronies who are about to ao belly up. He is lib the character in the movie TWIilie, wbo urpd the captain to sail full-~ ahead into the iceberg, and tbm snuck Olllo a lifeboat, but then, once safely away from the ship, pulled the aea-cocks of the liRbolt. There is only one thm& you can do: Insist lbat Praideat Clinton appoint Lyndon LaR.ouc:he as economic adviser to his admmistnllion. LaRouche is the oaly economist who bas forecast the current financial disintegrltion, and who is capable of solving the crisis through bis proposed New Breuon Woods system. In many capitals around the world, it is understood that it is Lyndon LaRoucbe who knows what co do. That is why LaRoucbc's actioa program to solve the world financial crisis bas been covered in recent weeks in the Arab 1anpge newspaper {Al-Arab}, published in London, the Russian weekly {Elconomicbcskaya Gu.eta}, and the Mexican daily {Excelsior}, and why LaR.oucbe wu reccatly praised by the prominenl Russian economist Dr. Serpi Glazyev in an interview in EIR. maprine. Your pension funds, the funding of your cbildrcD's schools and hlnries, your rethemeut, your hospital care are all in jeopardy. You have only younelves to blame, if you do not now join us in building a mass political movement to demand that President Bill Clinton act to defend the people of this nation and the world, u bis fine priority, by appointing Lyndon LaRouchc as his economic adviser. For Further Information and to Joia die MobUiadoa Cd: ('713) 5'1-2907 or (800) 580-6901 Write to the Schiller lmtitllte, P.O. Box 7..0191, BOllltoD, TX 77274 . ; •. ' • .. • • 0 ' ~ . • J) lrf'Jfjfllli•!!wfJfflJ'I "IJiil'il)!&~f! Jf:l!Iiilf 1iflfli :ri(t~fJlffiiiilfi!li'i H' I f. 'r ii, r J'Jfl g~ Ii iH ~'i'i~f I ·~11 I' lJJhl,~ n~.! . :0 p ·r'intJ1 if n1ti•11:rhr l 11, tjri"" t"' n r t%J ~ ~ i•itlp~ [ffl U·iJ!Hh·-1~1H 1h ldJ 1j l ~ j C: I !f 'I. • thii,UHhi i!h1!HHf 1lUh!i iinh ~ ;3 . r . ~~ ~ t, C=J ii~ • ... = 0 J t Uif ~HfHu ~1 ~IIIJ.'-1 f :';.r!f f tli ~ n I 8 1 I r . ~ I • I· f;f r e_ l ~ .. ( . r l I JI J I • ~ .. r I ; JI I· . ~ t' 1 . 1 Jr J J 1 · l{ i 'J l ~ er ; ~ I ' ,dhihluff n:to ~l 1;h ,!! :lka.r!J ... ,... , . • • .. 0 • • - • • • • • 0 I • • as an achievement of the past thirty year.;· reshaping of national and global economic policy, has been the cause of the worst. onrushing disaster which the world has suffered in all modem history to date. Until he says, of all these bad things he has so often, so ri!Ually, praised. .. It is time to kick the habit, or we shall not survive." 1be Greemperm Syndrome This past week, Federal Reserve chainnan Greenspan came before the Congressional committee hearings. smelling as if he had just fallen into the ripest of all OUlhouscs . Even Grccospan's usual fans, among the Republican membcn of the Committee. knew that it would be useless to aaem;,t to cover up the obvious stench. "How could you have let such a thing happen? ... Why did you lie to us about lhis'r' was the tenor of the questioning by Republiam Leach, among others . If those Republican Members had been OD their toes, they might have suggested that the White Houle explain why, in ~ light of the global derivllivcs coI1ap1e. the President per- mitted Secretary of Stale Madeleine Albriat-to defmd Soros from the charges of Malaysia's Prime Minister Mabadlir bin Mohamad. and why the Stale Depanment is Slill eapged in carrying the British MI6 line against Mahatbir now. Chainnan Greenspan had covered up the f11:11 which cq,lod- ed in the LTCM scandal. but wllll he had done wu consistent with the previous official adminisnlioo line OD the subject of derivatives. It is much wone than just LTCM. LTCM is the detoaalor of a chain-reaction, which could, pouibly, bring down the entire world economy (Olllside of Olina. 111d a handful of ocher possible cxcepoons) during U S01111 M Ibis coming week. Thal is not yet the rally bad news. The bad news, is tha! the leading limb of the u .s .. together with the leading banks of Switzerland. came ver, clolc to being wiped out by the collapse of their LTCM pm. It gets wone. rapidly. LTCM only typifies the silUalioo inside the leading U.S.A . 111d Swiss banks. Then! ll'C 111111)' LTCMs ripe to fall next week. or SOIIII after dlll. Then! arc complellCS of odlcr bi& syndicarca of the same type, c:enrered in London, in the British Commonwealth u a whole, IIDd among the leading and odlcr banks of thole nllions scheduled to plunge into the place of doom called the "Euro" ll the end of this year. Meanwhile, the Japan banking bomb, which, in it5c:lf. could be sufficielll to set off a chaaHactioo coIIllplC of the global fi111ncial sytlem, is ready to pop tllOlllellllrily. The 1929 crash WU nodiing compmm IO WU1 is abady breaking out around the wodd. That is not yet the rally bad news. If the Coapesuooa1 Commiaee hid wilbed to dilcowr the rally bad news. they miat-have aaked Ciairman Greenspan : "How is it lhll all of the world's leading bmks 111d odlcr pllll tiJllnciaI institutions have beeo so collective- ly and consislendy SIUpid for all of the i-t eipl-plus yean'r' ~ the ominous political •11ssination of the tllOlt influen- tial obstacle to the financial and economic policies of Tilatcher and Mitterrand, Deutsche Bank's Alfred - 2 Hcnhauscn, in November 1989? True, Thatcher and Mitlffllllld. with the consent of President Bush and Bush's advisors from among the vctcraos of Kissinger Associales, crafted the lunatic policy under which the global derivatives swindle wu unleashed. But, Thalchcr, Miamand, and Bush did not do this alone. If they had been OD their toes, the House Committee's membcn would have remembeml, that the wave of manic- eupbQric mass-insanity, called derivatives, was a scheme for which the two relevant clowns associaled with LTCM woo the Nobel Prize! Thalchcr, Miamand, and Bush, must take the blame they deserve, but they could not have done Ibis alone . VU1Ually every leading fiJllnciaI house of the world. including the world's leading banks, were sucked inlo the lunacy fabricated by this pair of pseudo-scimtifi quacks. Think of it! Vtrtually the entirety of the ruling financial clus of the world went insanely incoqJetmt: Otherwile, the derivatives swindle could not have occurred • it did. Think of all the financial advison, political pll'lies. 111d officials of govcrnmenlS, around this world. who joined in defending George Soros IIDd derivatives. Clearly, there has not been much in the way of sanity among the captains of finance and their lieulmants in govcmment. during the ... eight-plus years . Thal is a ral case of "bomdroom bullsbil" nm wild. The Rq,ublican members should have aaked a queaioa or two about the Republican Party's Russia branch, the lntemllioaaI Republican Institule, wbicb, to the prelelll day, is the ID05l inftuellliaI peddler of the --there, advice which could brin& a horrible ri&bt·wia& diaaalllip into the uddle in tbll nuciew power. So mucb for the ldoma in lluaia which bPe been pushed fiom Ille U.S. po1i1ica1 -· From tbll poinl OIi, it ... midl, mucb -- Vlllllally all of die Dlljor _. --. ad Ille ....._ circleli in the leadenbip of bod! die ....... .. Democnlic lllliollll pat)' CWj "rlli 1!a1 bPe ..... ID their eyeballs in plllbing Ille east -poiiciel lelll MEii* for Ille coUapling deriVllivel babllle. Wene. .. of millilm of IIUCkas -~ pI.-d 111d pn,bably loll thcir pemic.a 111d uviap inlo the promiled "lli&bcr 1e111m1 of die privae tee· tor," into the -moaey ---~ by die types behind the LTCM awaupla:. This Im beeo tnaly a cw of mus insanity. It should 1111b you wonder about die coaf.-1 citizen who tbinb the "lally impon.-iaa" ll'C dlDle which "directly all'ect my pockelbook," or "my local com- munity." k llbould make you wonder about wllll is called "die IUlborily of popular opinion." If~ cilimll ..... delec:led die earemely ....... llllelI euded fiom a.-a.-.,.. it -pn,bably becaue dlil wes Ille--flDlliDa IIUlllld their offices. their local paty '-lqunn. thcir c:ampaip om1uinoe: offica. 111d their bedroom, IDO. Gcmtv tr Faa 0.- Mon! tban 6-ial. moaecary, 111d odler ecmanic inlti- tutiou arc at the brink of doom II dlia moment. • • • 0 - • • • • Governments , too. are threatened with inunediate disintegra- tion . Talr.e Western Europe, for example. 1liere is not a single political party, excepting perhaps in Slovakia, in any part of Europe west of Belarus which is prepared to cope with what I and my associates have repearedly warned, since my 1992 Presidential campaign, would be the inevitable elfects of allowing the present derivatives bubble to continue to the pre- sent point of its chain-reaction collapse. In these parts of Europe. the strategic situation is different than in Russia, and it is different in the U.S .A. than it is either in Russia or other parts of Europe. To understand the situation throughout Western Europe, one must emphasiu that, excepting Presidmt Clmles de Gaulle's leadership of France's Fifth Republic, excepting the intent of Konrad Adenauer's leadership in postwar Germany. and excepting the intent of the best.Ouistian-Democrat lead- ers in Italy, there never was an actual republic established in Twentieth-Century Western Europe. Instead of republics, what has evolved is a relic of feudalism, typified by accretion of those external ttappings of democracy associated with par- liamentary governrnent. lbus, apart from parliamentary regimes which arc easily ovenumed in "confidence votes," or similar festivities, the power of the swe is locared within state bureaucracies of types which have evolved out of earli- er state bureaucracies of the feudal system. The British monarchy is a perfect example of an epidermis-thick layer of a merely apparent democracy, cloaking a monarchical form of dicworial power within . The only Slate within Emopean civiliz.alion which meets the formal requirements of a sovereign llllion-Sllle republic. is the Presidential system defined by the U.S . Fedenl ConstiMion of 1789. Some odla" IClla of die Amaic:as, IUCh as Mexico, have the constilUlional form of a republic, bul lack the freedom to exert true IOVfRi&nty. noubly in lapecl to extanal economic affairs, in die dqree neceaury to qualify as an effkient republic . Oiina today fulfills the requirements of • IJIMl'eip nation -swe republic . India, allbough of very nmch mixed political and related features, is a major, and very influelllial nation commined to exerting sovereignty in maaers cleaned of most vital self-interest . Malaysia's Prime Minister Mahathir has seized cauin of the most essential, exemplaly feature s of sovereignty for bis 11111ion, despite the elfons of the British monan:hy, and some accomplices of the British IIIOIW"Chy within the U.S. Slate Depanmeot, to destroy that sovereignty. It is not essential to dilcuss odla-most interest- ing form s of cases. such as AUllralia. for our purposes here . The other most inlaeslin& case which we muse re~ now. is that of Russia. The pouibility of mainlainina a civi- lized order globally, depends upon an opcimal form of collab- oration among thn,e or four key. but, IIIUlllally hiply diuim- ilar. nation-swes of the planet: the U.S.A. under Praidenl Clinton (otherwise, forget it all), Cllina, Ruuia, and, hopeful- ly, India . That said. consider the global paaem under the circum- stance. that. as early as this coming week. or not Iona after • 0 • 3 that, the world's $140 trillions-plus derivatives bubble implodes, in a chain-reaction of super-critical reversed lever- age. Consider Europe .tint. There is no government in Europe west of Belarus, which could survive such a global event. For example, die present, outgoing government of Germany, is exiling in a manner which suggests IDIR a rout, than an orderly reueat. The sua:essor government is not due to assume office lllllil Oct. 23rd. and boch the policies and composition of that new gcwernrneni arc presently uncertain . Nothing in the IIIDOlmced policy~ of the SPD 1eadmbip suggest -• whiff of sensibility respecting the scope and depth of the CMliillope about to Slrike, probably significantly pior to Oct. 23rd. In France, the situation is aclUally wone, but, • the liming of the Stavislty scandal might remind us, Fnna:. like the head of Hamburg's famous pir"lle Stoenebaede., sometimes lun:hes lhrough a few moments of delay, before it actually falls . Forget Norway, Sweden, F'mland, and Denmark; Ibey arc gone already. The Benelux COlllllries are small, and conapoodingly vulnerable. Italy has been gulled of actual govanment by the post-1991 "Clean Hands" operalion nm by Britain's Prince Philip, Soros. et al. The Iberian peninsula is, currently, politically and financially, vinually -~-And. so on . Under those cin:umstances, if govanments can not muster the qualities of 1eadmbip of such pat leaders of Germany as Adenauer and Sc:buhmacher, who will govern the nation-Slate of aer-y, or oda European llllions? In Germany, as in France, the __. should be obvious : in the worst case, the permanea1 llllle inlti1utiom will ~Y man their stations, under • ooonlimlion supplied. • last resort. through the BundanL One is reminded of the 1931-1933 crisis in Oemmiy, in which a fasciscic German aowmment of Brueain&, modelled on the policies of the Blair-like Ramsay Mac:Dmakl fw:illic Labour Piny ,ow:rmnent of Britain, made aa-y vinuaUy -,ovamble. An elfon to put the pieces ...... lbroup the ... imtilutions, -aaemped under -Sdlleider. tlowcwr. the Britilh arranpd the top- ptiaa of -Sdileic:ler, wl bnJu&bt Hitler into power in ae.-y, • Hider who ltd comol of the state inslitutions, wl aovaned in that way. In the wont-case situation. that sort of choices will coafronl Germany and other Western European 1111a !Oday. A diffffflll. but IOllleWbll aakJso11S situation exists in Russia. Tlere is • bnal paalle1 belween the Hindenburg- Schleicher-Hitla-opliolls of 1932-1933 Germany, and the Yelbin-Primakov-1...ebed opcioDI of Russia today. If Primakov IUIXleeds. under efficienl ~ of the advice supplied by such advilon • Abalkin wl Lvov. Russia will a.vive • ..t the -., of a U.S . Republican Piny- backed dloice, of • Ruuian venion of • flmcb General Boul-,er or a Hider. can be avoided. tlowcwr. if, u Britain did. in lll'lllpll lhe cwadlrow al Scbleidirr and acceuion of Hider, the U.S. wl Brilain imill on~ ·11 dlnJulh the alrady bopeleuly failed. IOGlled "rdonn ' in Ruuia. lhe ....... with be the fucill Mllllulion" in nuclear powa-Russia. oounay of Ille ideolopa of the ~ U.S. • .. I· • C ' - • • • . . llllmlllioaal Rq,ubtic:an Institute . T'bm, if Praidem Clinlon can lamimle lbe flow of lbe lnlctbda of "lloadroom bullshit" oow being produced daily by While Hew 11111 Democralic Nllioml Owmiiaee politi- cal advi-.11111 if Primltav'a effixu are lllowed ID aua:eed, lbea lbe oo.nl,. w:i-w• of lbe U.S.A, <llina, 111d Ruaia, will lllpply lbe pnot ll'Oalld which IIIIIDelOUI odB llllliom of lbe wortd, iacludina Jadia. 0amany, Japan, 111d IO Oil, CID 4 • • • 1Wpuup lheireffillu, IDaalle, de DIM>, a new, "pi.-:tiuuilt" model of ........... finacial, llllalllly, 111d tndlna .,.. 11111, -.led ID ddell lbe' fon:es of cloom-clilpiayed ill lbe ......_ poliliCII -wbidl bedeck a..- Onimapa. w.-,-.coaldabjlctlD IIICb-...., -? c:lellty, all of dae wbo ba¥e clnicdy ccaay opiaicma me -a-pnwm, casWwq, 111 me a-dillic:ally __ , --------- ' ' •. .... .. • • 0 l .I ,.;--· ' ---~· -~ ._ ---....... • • ~ r- rti I, • • .. • • ""'" &; • M M -U! ~· ~ t l :f UJ ti' HJ~ }ii f I ~ ! 11 • f . fl'. I' : foll I _ i i i!:..i 'J :f J hhrHihn .. 1. i.• .,, I ~ ,~1:1J f, ~ ·l i lllrli l r :rt ia.il=f 1 1 1111 l II tlr 1 , ~111Jfl'f't f I , t I l (1' I ~ .. i' .. n, . , .. . ..,. ... -• . r-·r I · ~ t I I J ! . :. .;a. if ·a.t a r!r,J ~ t i . 'O Q - • . ~ 0 ~ • , . r j• I .I • I . ' .""'... . '• 7 I • . • , . .... I • • • 0 • St a te s. We have to c hange the charac- teristics of individ- ual human behavior, the m e ntal charac- teristics of individ- ual human behavior. In a se nse. to go back to the way we used to think before 1964-72, not quite that, but that's a good comparison. Now, how are we going to win the war? It's lmponl- ble to chan1e the world In time to save humanity, lncludlns the peo- ple of the United .... Clinton to China, and to the other nations with whom China has a natural partnership in Asia, and Eurasia, is cru- cial. States, or East 11le PINlllant al .. Unllad....., N C11n1o11 However, we're not going to get out of the mess simply by a good partner- ship. We're going to have to transform the world techno- logically. That is, we're going to have to go back to what used to be called the American System, in which science, working together with the machine tool design sector, is Oshkosh, for ex- ample, 6-a New Dark Ap, unlea the Prealdent of the United States chanpa his mind aad beluw- lor, from what he's been dolns up -tll -. to provide the -w the kind of leadenldp role of the United States aad Its ......._. wldda echoes the role performed by Fraaklla a-It ID the late 19JOa, aad darial die-. That 's number one. That's number one ball. Certa ........... Clllelal Now, the President of the United States can not do this alone. He needs the support of the American peo- ple , or at least a lot of them , of coune. But also, he needs partners. Not only many partners, but certain partners are crucial. For example, the only major nation on this planet, which has been functioning successfully for the past 20 ye ars, is China. Every other nation has been a failure, in terms of its general direction of perfor- mance. China. which has probably one of the best governments in the world today, in terms of the qual- it . of leadership, the kind of quality of leadership required to get through crisis, is one of the strong forces in the world , and is a key factor, both in Southeast and East and South Asia; as with Its potential collaboration with India, its collaboration with nations of Southeast and East Asia, its colla~ ration with countries in Central Asia. Its important relationship to Russia , for example, even thou1h Russia's a mess-the relationship of China to poten- tial cooperation with India, Russia, and nations of Central Asia, is crucial. Therefore, the relationship of 6 transmitting new technologies, not only in the sense of big projects, but into every pore of society, improv- ing the productive powers of labor, improving the quality of product, and so forth. We're going to have to provide that to all pans of the world. H we don't, we can not have the kind of reconstruction program which we need. China does not have that kind of capability. It has some machine tool sector, it has some science. No country in South .Gia, or Southeast Asia, has that kind of capability. No country in Africa even approaches that kind of capability. Argentina used to be a leading country of that sort, a machine tool COUD• try. That was destroyed successfully, since the end of World War II. Brazil had potential, but that's being destroyed. Mexico could have had that potential, but that was prevented in the 19705, and then, &om 1982 on. Kissinger and Brzezinski were key factors in that problem. What we're going !O have to do, ia we're going to have to mobilize countries which used to be the world's big machine tool design exponers, to crank them up, not only for their own domestic needs, for restoring domestic progress, technolotPcal progress, domestic increue in the productive power-a of labor. We're aoina to have to supply this technolotY, or this flow of technoqy, into COWllriea which do not have good, M>lid machine tool deaip capabilities. 11ae countries which traditiooally have this kind of capability include the United States, Germany, Japan, 10me other countries in a lesaer dqree In Europe . We're going to have to mobilize thoae countries u • I 0 ' • • • 0 .. - The Challenge of Global ip by Lyndon H. LaRouche, Jr. Lyndon LaRouche s remarks were made via audiotape to the Labor Day 1998 conference of the International Caucus of Labor Commillees and the Schiller Institute. Thi s is tir e full transcript , to which subheads have been added. I 'll speak to you on the subject of leadership. By leadenhip, I mean to put to one side all ideas about presenting suggestions to various people as to how they should do things, put to one side local programs, local projects, all these sons of things. And also, in a sense, put aside program. The world is -in a c:rlsis wblcb is beat COIII• pared to a world war. We mmt win the world war. If we do not win the war, ewrythias elae we do wW be, In elfea, a waate al am., aad a WMte al effort. So, we must concentrate, always , on wbmlaa the war; that is. to exen the leadership which results in a transformation of the worid as a whole , from a world dominated by what has led to the present crisis, the present threatened New Dark Age , into a new world, which is a world of reconstruction and recov- ery. We must win that war, and we lllllat keep our eye on that ball, and not be dhenecl by ao-c:alled "other quesdom," or "q.-dou wldch muat abo be considered." Let me make this clear. As far as a program is required , the program required to take this world out of its present mess, and to launch a program of reconstruction worldwide , which will permit the solution of most of the leading problems of humanity, that program is already defined. It need not be Invented qain. It bu been Invented. We've pre- sented it . The events of the recent period have demonstrated that our argument, my forecast, the forecasts of my associates, have been con-ect. The prognm we've pre- sented, is based on the same considerations as those forecasts, which means that what we've prepared, as a program, is correct, and all of the alternatives arc wrong. So we simply have to go with the program we already have for reconstruction. What is needed, is to realize that the reason the world is in the mess it's in, is not merely because we've had bad leadership. We've had bad leadership for over 30 years. That is, we've had a shift, for over 30 years, from policies of, say, up to 196~. which worked, despite all their shoncomings. And beginning 1964 through 1972, we introduced in the United States and globally, policies which do not wort, or work to the effect of destroying the worid economy. destroying society-destroying people. A policy which is headed toward Hell. Now, the problem is not merely that lcadenhip has provided bad advice, or introduced bad principles, although they have . The problem has been, that most of the institutions, and the so-called avcnage people in society in the United States and other nations, have accepted these changes. And therefore, their heads don't won properly. Because even if you give them a correct program. they won 't cany it out. Why? Because their heads have been scrambled to fit this post-industrial, utopian New Dark Age/global- ization/free-trade psychosis. And as long as people think in the ways that they learned to think, in order to live in the worid of post-industrial society and the world of globalization, the worid of free trade; as long as people continue to think with the habits of mind associated with the past 30-odd years, there's no chance, even with the best leadcnhip. that the United States and other nations will survive. So therefore. what we have to concentrate on, Is chansing the inside of the Individual heads of a lot of people, bqinnin1 with the Prealdent of the United 5 • I · 0 0 ' - • • • • 0 • • AMERICANS To SAVE THE PRESIDENCY Our nation , and indeed, the entire globe, face a crisis whose intensity is unprecedented in mod- em times. The world financial system is breaking apart. Russia is exploding. The Japanese banking sys- tem is teetering on Lhe brink of collapee. The huge deriv- atives bubble is about Lo pop. The continent of Africa is wracked by war and famine . Here in the United States, behind the thin facade of "economic prosperity," the vast majority of our people are suffering. And, that suffering only promises to get worse, if the current issues of the day are not addressed directly, with clarity and resolution. The future of our nation-and, because of the very unique role our nation holds in the worid, the futw"e of all humanity-rests on what the President of the United States does in the days and weeks immediately ahead. We, the American people, elected Bill Clinton as our President. He is not the President of Democrats or of Republicans, but of all Americans. And, today, President Clinton, and as such, our nation, is under attack. The details of what may or may not have occumd in what has become known as the Mcnica Lewinsky mat- ter, are not only constitutionally irrelevant, they are also irrelevant to the well-being of the American people. More than two years ago, it was irrefutably established that the entire Whitewater scandal. which spawned the Lewinsky matteT, was conceived and nurtured outside the borders of the United States. Ambrose Evans- Pritchanl, a so-called British journalist, with close ties to the British financial and intelligence establishment, has repeatedly and publicly taken credit for being the initiator of stories that began in the British tabloids, and then moved down the media food chain to the U.S . press. It was Ambrose Evans-Pritchard, by his own admission, who found Paula Jones, cleaned her up, and found her a lawyer. who established the first ties with Richard Mellon Scaife, the private piggy bank of Ken Starr and his treachery. From the very beginning, the basis for what has become Lhe most expensive witchhunt in our nation's history, has been completely illegitimate. Indeed, if Signed: Madam Attorney General Janet Reno had any Integrity at all, Ken Starr would have been 6red long ago. We address this statement fint and foremost to President Clinton. 1k Praidml. "°" have OW' aappon. We elected you to -· and -Intend to --that you are able to fulfill the unique responsibility of your office. We want you to dewJce your attention to address- ing the crises of the day. Second, we address this n--,e to memben of the United States Congress. You are sworn to uphold the spirit and the letter of the U.S. Constitution. Included in that oath, you are pleciFd to deieod the nation. md the institutions of the nation, especially the lnsdtudon of the Presidency, from enemy attack. Your responsibility, both morally and legally, is to suppon our President so that he is free to do what he must do, without diacrac- tion, to protect the vital interests of OW' nation and IJl'l)- ple, in this time of grave crisis. Any action otherwise, under the current conditions, is the moral equivalent of treason, and we shall treat it as such. The initiators of this petition process were: Ed~ Michigan House of Repreaentatives ..,.._......_ Alabama House of Reprelentalives ,...... ,__, Tenneuee HoUle of ReprelentaliYes a...t. a--,~ Millouri Home of Repreaentaaives ........ ,-, Pennsylvania Home ol RepraentatiYes ...... a-. New Hamplhire Home ol RepraentatiYes a...t. ........ Louiliana Houle ol ltcpnlcnladws ..... -·-· c.oanectiall Home of llqaWWWilllldw ,,_ ........... (f) Soudt Carolina State Senate ............. (f) South Carolina State Senate .,_ .._, (f) U.S. House ofRepreaentatlves .,_. o.a-, (f) Washington House ol Represenwives .,_ ........ president, Coalition of Black 1nde Unions, Northwest Alabama (ll/filil,no,r.s ,,_.far~ only). NAME ____________________ Tm.E ______________ _ CllY~TATE ____________________ .PHONE( NAME ____________________ Tm.E ______________ _ CllY~TATE ___________________ __,PHONE( NAME --------------------Tm.E ______________ _ CITY/STATE PHONE ( Please return aiped coplea of this pedtion to: AIIERJCANS To SAYE 1BE Pal!smBNcY c/o P.O. Box 20244, w.hintton, D.C . 20041-1244 • I 0 ' •, • • 0 - INTRODUCTION LaRouche Warned You- Now the Crisis Is Onl arly in 1994, economist and statesman Lyndon __ n ... 1A<Jouuroe ~ a White The 'Triple Curve' collapN function standards of increasing portions of the world's population have gone through the floor. Paper documenting the British hand behind the assault on the u .s. Presidency. The only viable explanation for that assault, he +A said, which even then was aimed directlv at the removal of Presi- dent Clinton from office. was the global financial collapse. then already surfacing in the deriva- tives marilets and elsewhere . The _4 British intent, LaRouche showed, was to prevent the U.S. Presi- dency from establishing a new financial and monetary system. in the interests of our citizenry and the worid's future as a whole. .._ , • ..,... Llllllllllllella ........... ........................... While LaRouche has had proposals for reorganization of the world financial system on the table for decades, in 1996 he put it forward as a New Bretton Woods proposal. La- Rouche's New Bretton Woods plan caUs for the convening of a meeting of heads of state, including those of the United States, China, Russia, and other leading nations, in order to put the international system through bankruptcy, and set up new ground rules which would protect aU nations against spec- ulators, and re-establish Today, that assault has come ..... ..... .-.. ............. __,. to a head , and it's no coincidence that it has done so precisely at the time when even the world's financial gurus have to admit that there is a world financial b.-eakdown , and that we are facing a world depression. If you are aU tied up in the salacious garl,age Grand Inquisitor Starr is putting out, you've fallen for the oper- ation. The real stor)' is that the world financial system of the last 30 years has collapsed, and cannot be repaired. The most urgent political question facing this nation. and all nations, is whether they are going to implement a wotbble proposal to replace this monetary system, or whether the world is goin g to fall into the chaotic horror of a New Dark Age . dominated by disease and death. In fact, anyone who is tryi ng to remove Pres ident Clinton from office al this time of cri sis. is sabotaging those vital economic moves. And that amounts to treason. Economist Lyndon LaRouche has been telling you fo.- decades , that this breakdown c risis was coming, and what had to be done. Unfortunately, not only the avenge citizen. but also the leading policy circles in this country, and other leading nations, have decided to ignore the plain reality. The Tuple Curve collapse function , shown here, which LaRouche began to cirrulate in 1995 , has become so clearly true, especially as the Western stock marltets have gone through the ceiling with "irrational exuberance." and the living standards and consumption national sova-eignty and economic growth. In February of 1997, LaRouche's wife, Helga Zepp l..aRooche , joined with Ukrainian parliamentarian Dr. Natalya Vitrenko in launching an international drive to get President Clinton to convoke such a New Bretton Woods conference. Hundreds of parliamentarians signed this petition, and the U.S. government was bom- barded with demands that it 111:t . Yet, despite indications that the Treasury Department, in particular. under- stands the need to revamp the worid monetary system, the "official" position of the administration remains in favor of the IMF system that is destroying the worid. l,yndon LaRouche has always said that it would be President Clinton's refusal to break from the free..lnlde, IMF system that would destroy him-not any political scandal. Now that the financial crisis is beginning to hit the United Scates, which so many had deluded themsdw:s into thinking was immune, the handwriting is indeed on the wall There is very little time for the Presidau to act. The details of the conspiracy against the Praidency have been published by us elsewhere . In this pamphlet, you. the citizen, will find exactly what you need to know about the 6nanciaJ collapse, and what needs to be done. Your Immediate action, or inaction, will determine whether this nation, and worid civilization, sunlve. -Sq,tember I I , 1998 3 • ... I 0 , •1 • • 0 .. - 1lf wal RUNCIIL callPII LAROUCHE WAS RIGHT! An EIR Victeo LAROUCHE ON THE NEW BRETfON WOODS \l1hat does lndoneSia 's Minister of EconomY , Filla= and lndustrY , Ginandjar l{arUslsmita, know about the global financial crisis that you don't? Here's what the Far Eastern Economic Review reponed July 23 : supplying economic advice to the Jakan• government .... [Reponersl were surprised to spot, among [Ginandjar's) papers, a video enutled , 'Tbe 'l'orld F,nanaal (:ollaple: LaRoudw- lhgbt.' Lyndon LaRoudw ... bis been lflWIII for years that the world 's financial~ was on the brink of collapse due to unfettered growth in speculative funds; be says DOW that the Asian crisis is just ~ t,eginrull&. . .. "lne present fatally ill global financial and monetarY system must be radicaUy reorganized- It can not be reformed, it must be reorganized. A 90-minute videotape with excerptS trom a speech by Lyndon H. LaRouche . Jr. given on Marcil 18 . 1998 . This must be done in the manner of a reorganization in bankruptcy, conducted under the authority S35 paolPlid O<dar- EIE ll.(J02 El RNewS!,erVice P.O . Bell I 7380 . WMl*IIIIO", D.C. 2004, .038() Toonllr,CII , __ _ "It seems the lMF isn't the only organization (),der number EIE 98-005 $2S poallleld . not of international institutions, but of sovereign governments." (....-). ----Of .....C-0. Elll News Service P.O. eox 11390 Washington . o.c . 20041-0390To Older, call 1-888-EIR-3258 (toll-tree) We acx:ec,I VIM Of MUtet'Card $2 5 postpaid Order number EIE 98-007 An EIR-LaRouche Connection Video We call this the Citizens Protection Act because ... what we are trying to do for the ordinary citizen Is absolutely important to their individual protection. -Rep. John .,.,,,.. HlghllghlS ot lM llialDIIC Aug. , _.in ........ of lli,prW......,_ ,,,-, 1M bll 11111 would crack dlllllll on ......., ... JualloeD•P• IIMlll- EIR News Service P.O. Box 17590 Washington, D.C. 20041-0590 To order, can 1-III-Elfl-3251 (toll-tree) we accep1 Visa or~ © September 1998 For more information , contact the publisher. The New Federalist P.O. Box 889 Leesburg, VA 20178 µ • 11 0 I · 0 0 C , 0 - ( • • • • 0 • ... United States. The same is true in Europe. For example, let 's take the case of Germany. Under Will y Brandt, who wa owned by many people-that is, many s po nsors, including John McCloy, and also various other gove rnments, not with all of whom John J . McC loy would have agreed-Brandt introduced, under hi s sponsorship, an educational reform bill in Germany. The result of this educational reform bill, called the Brandt Reforms, has been to take a German population, which was of a very high quality because of its previous Classical-humanist education system, and taken from the same families, people of the same bac kgrounds, and has made them almost today, non- functional. The level of literacy, the level of developed intelligence of the typical German today, from the generations which were graduated &om MC• ondary schools after the 1970s, is much lower, qualitatively lower, than the populations from the same families of the same 1eneral back- grounds, prior to 1970 and 1972. It's visible, in many ways . Therefore, we can define a program-we have defined a program-for reconstructing the world economy. The program will work fine . Our big prob- lem , is two . Number one , lo get leaders such as Clinton to do the things they muat do: to provide them the leadership they must have, to provide for them in tum to play the leadership role which they must play. Secondly, we have to recognize that tbe popula- tion, in Its present state of mind, would fall to ful. fill the performance objectives of this prop11111, because of what 's happened to their minds, the minds of the p o pulation , over the past 30-odd ~ars. Therefore , we mus t make our people, our ordinary people, from all walks o f life, aware of the shortcom- ings which have been introduced into the way they think . A s imilar thing happened to many of us, some SO- odd year ago . We went to war. Now, I was a little no n -c o m , lo \\est le,e l, in that war. And I was involved in the training comma nd for a while, before going over cas. And we brought in each batch from the streets , from the buses and the railroads, we brought in ·peo ple from eve !')' nook and cranny of U.S. society, virtually. We put them together in training platoons in the training centers. And we cleaned them up, we edu- cated them , we made them functional. The firs t s tep of this was , of course, in the CCC . The first major reserves we had for mobilizing divi- s ions for World War II , ca me out of the Civilian Conservation Corps, which were turned Into a mili- tary force, essentially, and were a ke y part of our mili- tary mobilization . 8 ,, - •• So, our problem was, coming out of the 1920s and the 1930s Depression, was lo take a shattered, demor- alized population , s hattered by the effects of the Flapper Era, by the effects of thl:' Depression, lo mobi- lize them , to re-educate them , to motivate them, to change their attitudes, to make them more optimistic, to create a fighting force LO rebuild the world econo- my, especially the U.S. economy, and to deploy this force internationally. We did it . The big challenge for us today, is to not only change the mind of the President and people around him, to bring them up to a higher level of thinking and discipline, and commitment, but also to think of our general citizenry, who are demoralized, who have lost the mental skills for making decisions which their parents had, or maybe they had 30 years ago. To remoralize them, to encourage them, to make them aware of what the problems are that they're going to face in their attempt to perform within this global reconstruction. That's our job. That's the job of leadership. We must not simply go out and be practical people and say, "Okay,"-like a wise guy-"Look, fella , I'm telling you what you've got to do," eh? And walk away as if somehow, you've solved the problem by giving that instruction. That is not going to work. You're going to have to deal much more seriously, with your friends and neighbors, and people you meet otherwise, to realize they need something else . They don't need to be merely kicked and told what lO do, or be given sug- gestions, and then you walk away, and see if they carry them out. y-·-.,. to rwww.plw, ... _ ........ to she people l••tnactloa•, wlalcla, at tile preHal -rt tlaey ..... ". lapel .. • .......... lectually ..t cuhanlly. ol ~ ..._ Just as we took people off the streets, and drafted them into Wortd War II , and turned the disheveled and confw;ed draftees into an effective military ~. we're going LO have LO remoralize our people. We 're 1oing LO have to make them aware, of what the hisher lewl of thinking is . We've got to have them become lea a1tl1 rre, -re wal, _.. optlaletlc-4111--•If· r11p1cdas And that's the job we have to do. And that ' the job we have LO focus cxi. We haw al the IDOis , -haw al the knowledae needed, • to..._ whaa blumprima are needed for rebuildinc this wo.td .-y. Bua -waU fail, unless we mobilix the lm6de al the ._. af indi- vidual people, staniq with the Prniclent of the United SWes, to came w:h to provide the leadlnhip. or play the other crucial roles thaa -=b -play. in order to make this attempt at a pobal ~ of civilization wort. Thank you. • I ' • • - major exponers on long-term agreements-that is , long-te1m credit and other agreements-with these countries of Asia, and so forth , for a global recovery program. 'A CrllN Alai..t Ha...ety' We 're going to have to also revive Russia. Now, what has been done to Russia , is a crime against humanity, panicularly since 1989. Everything that wu done In the name of reform In Ruula, wu wroq, criminally wrong, If not Just crimlnaUy nu- pld, u aome of those propoaala that have been made from the United States. Russia's potential lies, not in its raw materials, or becoming a raw materials exponer. That was cnzy, that wu stupid. It baa to atop. Russia's potential, like that of any industrialized nation, lies in the effec- tive utilization of its most skilled section of its pro- ductive labor force . This includes farming, of course, good farming . It includes good industry, good manu- facturing, good infrastructure, all those things. But especially, a modem Industrial nation rises or fall• on the quality of both It• agricultural progreH, technological progreu In asrtculture, and, In the ume sense, In lu machine tool dalp sector, the moat advanced, aclence-drlven sector of maldn1 machine tool• that make machine tools. Now. Russia had such a capability in the Soviet Union . This was called the military-scientific-industri- al complex of the former Soviet Union. which has been now largely wrecked . But element.s of these insti- tutions. as typified by the Rus ian space, program, still exist. In bad repair. but they ex.ist . The people exist. Russian skilled scientists and related technicians still exist . If we can mobilize Ru ssia for itself. to rebuild itself not a s the kind of mess that Viktor Chemomyrdin and co mpany have built , but help it to mobilize itself as, in a sense , on an emergency war economy kind of basis, to get it s people back lO work , to rebuild and reacti- vate its machine tool des ign potentiality-which was formerly located in the military-scientific-industrial complex-then Ru ssia can become a major contribu- tor. e s pecially in pans of Asia-East Asia , China , South Asia , as in India; Southeast Asia, and into, also , Africa-<:an provide a massive flow, a grov..1ng expon of machine tool design capability, working in partner- s hip with the same kind of effon from the United State , from countries in Europe, such as Germany, and from Japan . if we can get Japan back on the ball, so to speak . So, the President of the United States must bring thi s kind of leadership to nations, that is , the nations I mentioned are not the only ones, but these are the • • 0 I• • core nations, around which other nations can group themselves for the kind of undenaking which is required, for a global economic and moral reconst111c- lion of this planet. ...... LHIIH ••r lo Cllllloll For that, we require leadership. We can not simply say "Suppon Clinton." Well, Clinton often does the wrong thing. He's not a bad guy. I don't know about some of the things he does or does not do, or is alleged to do. But I know that he often falls shon of the requirements of leadership. But we've elected him as President. And as President of the United States, he must, as President, be the person who takes the responsibility for the initiatives which are required to save this planet. Not all of the initiatives, but he must play a Irey role, to permit the other pans of the planet to function: China, East, Southeast Asia, Europe, and Russia, and ao forth. He must do that. We __. pavwlde him leadenblp, ao that be can proride lead 1nldp. Now, we also have another problem, in addition to that kind. TIie other problem is, the degeneration of the moral and intellectual quality of the populations of the United States, of the nations of Europe and other pans of the world. If you go back to the 1950s and early 1960s, and If you can recall the way people thought, what they knew, what their cultural level was, what their intellectual level was, you would rec- ognize that during the succeeding two generations, over the past 30 to 40 years, that the quality of the populations of the United States and Emope in par- ticular, the intellectual, the moral quality has col- lapsed. Add this is panicularly true since the 1968-1972 period of change. People are less intelligent, less moral, less capable than they were then . This change, this degeneration in the qualities of our pop- ulation, or our younger generations in particular, has been, in a sense, deliberate. Our people have been conditioned to operate on a morally inferior level of functioning. For example, think today: How many members of the U.S. labor force, if they were taken into a modem industrial plant, using modem technology, how many of them would be qualified for employment in those plants, in those jobs? Aa opp-.1 to the great num· ber of people who, in the period of the 1940s -World War II -or of the I 950I, or of the 19605, were capa- ble of per{ormins those jobs. w. ....... .,.. .... _., .............. ,-. dadhe ........ the Pl' .. ,, ........ ............ of_. -populadae la 1M.,..... ......_ We've also made our people leu radonal. People today ue much lesa rational, than they were 30 yean qo in the 7 • 0 I 0 ' • • • Ruula: bubble va. l'NI economy (lndac 1890 • 100) 400 300 2IIO 2.00 150 50 • 0 • o,+--~--.-----.-----.--.---...----. 1890 1•1 1• 1183 1N4 1815 1• 1187 llale I.,. expectancy col ....... In RUNla (yN,a) 85 14 82 81 80 58 58 57+--~-~-...--.----,,----,---r--, 1m 1~ 1m1m 1m 1•1•1~ 1• ers and bankers into a frenzy of crisis-manage- ment-one meeting after another-for the last nine months. ............... With the Asian crises still in full force, the next area of financial disaster was Russia. IMF measures from 1991 forward have devastated that nation's productiw sector and population, vinually turning ~ owr to "free-enterprise· mafias who have made billions, while the population la literally killed off throush increases In disease and the death rate. But at the 10 same time, the Russian state was required to 1JO into deeper and deeper state indebtedness simply to sur- vive. Through the summer of 1998, that indebtedness began to grow at an exponential rate, pilln1 on shon-term debt at a rate that the country would clearly be unable to pay. The encl of the pme was reached on Aug . 13, when the Russian bankins sys- tem literally came to a halt, unable to honor requests for payments. On Au,. 17, a de facto state of default on forei1n debts was declared, and --in effect. Delpite the ewablal appointment of a pemment apparently orielnad to rep1acins IMP •reforms" with a policy of buildins up industrial production, the Russian crisis remains politically aad fiaancially exploaive. As tbe acciompaa,ma dwt lhows, the debt and production haw been IJOffll in opposite direc- tions. Now, with ftnancial ct-u well, the lluaians are facing potential food shonaaes and perhaps even the breakup of regions, with pouible nuclear compll- cadona, unless a plan for clumpins the IMF, protect• Ing the currency, and ratartlng production ls adopt- ed. ~ ......... Rlpt OD the a-ls of the Rulli& crisis has come Brazil, the world's bigest foreipt debtor, and the et,hth-Jarsest economy In tbe world. It is widely acknowlecl1ed that If the Brazilian debt bubble explodes, It wll not oaly tab wlda it IDOlt of n.n,.. Anmica. but It wdl allo MN a direct, major' 1111111M effect on the United S.... The acc:ompanytq dlart shows bow Brull bas seen Its dlllt olPUal:t -_.)Ill~ die ... few years, to a c:lwly w+a,-ble lewl. A ....... ..-, -· slfahdy ....... period of time, .. deplctN in die graph for Mexico, which reDecta the process LaRauche's 1Hple C-delcrthea, of npidly rtsin& debts aplnst sharply clecllnlns manufacturlq pro- ducdon. As of early September. ... by die llruillan .. emment to p.-t the crisis from arowtn, out of COllll'OI bepn to fall. Al leut $1 l llilliaa led die COUil• try in the flnt 10 days of ••• ,. --. aacl ... pem- ment wa larwd to nlUnl to jaddas • ......_ .... to excnitant .... to by to ....... capital '1111n is WJl,paaic In n ,_... arlnt ""'8daa. which ....... 1-vlly on the apart_... of llnllll b ....... its lndultryF'ftl. It -.... wklltyGplCllll ...... llrulllan .. .--tw.ild.., .......... -to prop up the marb .. only uadl Oct. 5, wlan Pnaidentlal alecd•• an ei:t:rfuW, ... currat ,....._ ,__. ._.. CIIIIDIO ....... .. • I • ' • • • • 0 - The Financial System At the Blowout Stage W hen "global meltdown" is 1he cover slory of the major magazines of the United States and Greal Brilain. the reali1y of 1he break- down of the world financial syslem has obviously become too overwhelming 10 ignore. That is the situa- tion as of Sept. 11, 1998. The bankruptcy of the IMF sys1em has become acceleratingly clear over 1he last year, as one nation after another in Asia, 1hen Eastern Europe, and now Ibero-America has gone through major convulsions of its currency, ils s1ock markets, and its physical eco- nomic basis for exislence. Now the crisis has reached the poinl o f slate bankruptcy, where Russia has declared a 1hree-month moratorium on state debt, and of a forced relurn Lo proteclive measures, such as lhose regula1ory conlrols which have been pul into effec1 in Hong Kong and Malaysia over the pasl sever- al weeks . The so-called As ia c ri s is began in 1he summer of 1997 , lriggered bul nol caused by 1he imemalional specula1ors epitomized by Golem George Soros, and his hedge fund buddies. From 1hat time forward, 1here has been nol a hinl of recovery, as the IMF has demanded more and more cu1backs, and jobs and liv- ing standards have collapsed lo ever lower levels. First Thailand, then Malays ia, then Indonesia, then South Korea, came under assault, and found first the value of lheir currencies devas1a1ed , and 1hen their popula- tions. Promises by 1he IMF to heal these afflicted nations were either colossal failures, or were not delivered on. In fact, it's now clear to most thinking people in the area of finance 1hat the IMF is a total disaster, and only contributes to worsening the situation in any country. Instead of being aided by IMF efforts, the nation of Indonesia, for example, has literally seen the progress of the last 30 years in providing for its people wiped out. The decline in the value of its currency, i.e., its ability to import, is just exemplary of the devasta- tion. which has led to food shortages and massive unemployment . The bankruptcy in South Korea at the end of 1997 nearly brought the world financial system to its knees, and threw the world financial policymak- lndon11la'a CUff9IICY (U.S . dollara per rupiah) $0.00045 $0.00040 $0.00035 $0.00030 $0.00025 $0.00020 $0.00015 $0.00010 $0.00006 $0.00000 ~----------------- ; 1f1 1112 1Cll1 1113 1211 : 2/1 ¥! 411 1111 111 • ,. - 0 I 0 0 (') , • • • ,. , • 0 - Equity as percent of derivatives JPMorgan. 8an1cer11 Trult - ChaM- FlmChtcago Citicorp Nltlon1Bank lllnkAnwtca 0.0% 0.5% 1.0% 1.5% c urrency off rhe speculative market, has called the ques tion on derivatives trading in the ringgit, and could lead lo disaster. n..11t11te11statee .. ...._, Fo r years now, the powers that be have insisted !hat the res t of !he world could collapse financially and economically without the United States suffer- ing as a resuh . Such a delusion depended on ignor- ing the phy1lcal reality of the decline in the U.S. economic base-reflected in the lowering of wages, the collapse in vital infrastructure, and the overall reduction in living standards. LaRouche has esti- mated this decline at 2% a year, over the past 25 years. Then-is no question but thar the "Asia" crisis of rh e las t year has hurt the remaining industrial base of rh e Unit ed States. The graph we show here reflects rhe decline in real goods trade which is associated w irh rh e facr that about 400A, of U.S. physical goods exports use d 10 go t o Asia , which is now flat-out . Even more dramatic has been the decline in the U.S . agric uhure sector. Beca use of declining world raw materials prices-associaled wi1h lhe world depres- s ion a nd ca11 e l ac1ion 10 pu1 independent producers o u1 of business-prices for farm produce are now plumbing the depths they hit decades ago . Farmers are going o ur of business en masse, and the food that is produced is often unable to be delivered because of lhe collapse rail infrastruc ture in the western pan of the country. Then, there's the financial side. What has created 1he appearance of prosperity in 1he U.S . has been the s tock market bubble, which has drawn about 40% of American households into the gambling hysteria . People have borrowed on c redit cards, taken money from their retirement funds , and otherwise hocked themselves in order to "strike it rich" on the bull mar- 12 Europe 34% U.S. at ground zero of dertv...,,_ explosion Asia Other 1% North America 50% ...__°' ............ dlrtvaa-·--·· llan:h 1- U.S. goocta exports ENlliona S59 ket. As of the summer of 1998 , that bull market has come to its logical end-and there is no lalins how far down the collapae is going to go. What's certain ls that Iota of people have lost a lot of money-end that this is only the beainnin,. Unle11 President Clinton is prepared to take action of the sort that FDR did, the U.S. could indeed face the same financial paralysis that Ruuia djd on Au,. 17 . As the chart shows, the U.S. financial system stands at ,round zero of the international derivatives market. A blowout on these markets in Japan, or Russia, or Malaysia, will hit the United States. • • I 0 0 C ' • • • Mexico: typlcal collapee function 2 (index 1981=0) 200 150 100 1970 1981 Employment in manufacturing Souroes: FAO : ECLAC: UN : WOt1d Ba'*: INEGI ; BdM. Conapo, SEMtP. SARH. SHCP, and SECOfl (Mexico): EIR. -54 191 elected. But, as of now, Oct . S has ro appear a very long way away, as stock markets and currencies come under increasing pressure. ................ Lyndon LaRouche has continually stressed that , while nations such as Russia and Brazil represent dangerous vulnerabilities for the world financial sys- tem , the biggest detonator of collapse on the horizon is Japan-and the derivatives pyramid that is linked to the Japanese banking system. Japan's banking system is widely reported to have somewhere in the range of $ 1.5 to $2 trillion in bad loans , which the government refuses to write off . Worse, many of these banking institutions are heavily invested in the international derivatives market. Government spokesmen have indicated that the exposure of leading Japanese banks could be as high as from several hundred million dollars. to a couple of trillion dollars , in this game of roulette . It is considered highl y likely that major Japanese banks like Long Term Credit Bank and Fuji Bank have already suffered •major derivatives losses which they are trying to cover over. Rather than face the losses . the Japanese Central Bank has accelerated its com- mitment to print money, reducing interest rates to a mere 0.25%, and looking to literally paper over the crisis with a Weimar-style rush of liquidity. • 0 .. - Brull: treasury bonds outstanding (bilions of reals) 230 205 180 155 130 105 226 BO+-~~-.---~~-.-~~-.---~~-.---~~-.---..--.~~ 12/95 12/96 12/97 Sourot: Central Bank of -· The public mooting of a derivatives blowout com- ing from Japanese banks' losses, has been comple- mented by discussion of derivatives losses on other markets. London banking experts have spoken of the problem of $100 billion in forward ruble futures, in the wake of the Russian government debt moratori- um . In addition, the decision by Malaysia to take its World derlvatlvN growth: TIie cancer ...... .,,,., (dlonSS) ...,,_,118. ..... -. ~ EIR . • ,,. - 0 I 0 ' • • • " . 0 .. • LaRouche's Nine Economic Forecasts 1 Autumn 1 956 Forecast: A major .S . econom- ic rec .. ,,ion , triggered b, the o ,·er-,tretc hing of a po t -1954 credit-bubble centered in financ- ing of automobiles, housing, and analogous con,umer goods. 2. 1959-60 F•• aaeb A series of major mone- tary disturbance , leading toward a collapse of the Bretton Woods agreement ·. resulting in increased looting of developing-sector nations, and austerity measures modelled upon those of fascist regimes. ' 1 'llij .... ' -..... ~-- ,~ F•111 aeb A devastating recession, beginning early 1980, as a result of Federal Reserve chairman Paul Volcker's credit-strangulation policies. "Volcker will cause a 15% recession in the U.S. economy, probably putting the United States into a recession twice as severe as that of 1974," LaRouche wrote on Oct. 16. F•H•III LaRouche informs the Soviet government, that if it were to reject a Westen1 offer of joint ABM development (which became known as the U.S . Strategic Defense Initiative, when it was adopted by President Reagan on March 23 . 1983), the strains on the Comecon economy would lead 10 a collapse of that economic system in about fi\'e years. r .. aaeb A collapse in a large section of the U.S. banking system: the savings and loan and related sectors. 'The banking system as a whole is at the brink of collapse," LaRouche told a June I television audience. 14 ,.~ -- . "' I . ~ \,_. ... , j'.:. 1 .... "'''* Recession spiiw begins In February 1957, lasting until mid-1958. Hundreds of thomands of industrial work- en loae their job;, as unemploy- ment climbs lo highest levels since the Depression. .... JJHI.OnAug.15. 1971, President Nixon decouples the dollar from gold, collapsing the post-Worid Warn Breuon Woods monelal)' system internationally; Nixon then initiates Phase I, U, and W austerity measures at home. ... t SE HI . Tew 5"LI betpJi tci col- lapee In late 1917. ThnJuah the end of the clec:ade, the avlnp and loan aylteln cout to coast la In ailla, with many banb Finl under, or hems purchaed by la1F' imdtu- liom. The ailla requhw a billkMMlollar bailout with federal tu dnllan. 0 ' • • • • 0 • LaRouche's New Bratton Woods Proposal E co nomi s t LaRou c he has been outlining the princ iple s for a new world monetary system, based o n econ o mi c justice and providing the credit for rapid technologi cal progress for all nations, for more than three decades. The general concepts invo lve th e reorga nization of the financial system in subordination to the needs of the physical economy and health a nd well -be ing of populations-a method which is s imilar to th e practice of Chapter 11 bank- ruptcy reo rga ni za ti o n. Such a reorganization puts a priorit y o n insulating and nurtuiing the productive sect or of the economy-a s opposed to letting the claim -of usurers and other predators cripple produc- tion and potential producer,.. F i nan c ially. th e arrangements required can be appro;,.i mated by looking at the Bretton Woods system "hich was ado pt ed under the leadership of Franklin Delano RooSC\eh in 1944. In an EIR seminar on March 18, 1998 devoted to outlining hi,, ew Brctlon Woods proposal, LaRouche .el fort h th ree c rucial topics which summarize the eco- no mic polic , c hange that must be made . We republish th a t summm,. "hich fir..1 a ppeared in the March 27 , 1998 edition o f EIR maga.i:ine here: Firs t, th e fa I that the pn.=nt cri sis is p,bal ..S.,. temlc , ra th er th a n re1lonal or cyclical, must be ackn owled ged . This acknowledgment is the required pre mi se for an) ra tional discussion of policy to follow. Within those bounds. those recent decades' institutional- ized cha nges in poli c . which are responsible for a three- decades build-up of the present crisis, especially since August 197 1, must be identified . and entirely removed. That is. th e po li cy changes, the relevant policies mad e s in ce approxi mat e ly 1966-1967 , in the policies of the U.S . gove mme n1 a nd the British government, the policies expressed by the 1967 collapse of the British pound sterling, the ensuing disorders in the dollar, the first tep of collapse of the Bretton Woods System in March 1968, and then the collapse of the whole Bretton Woods System in August, mid-August 1971 -the changes which have come in that process and out of that process, are the cause of what is today a global ayatemlc: c:ruls. It is not a cyclical crisis, it is not a business cycle crisis, nor is it regional . It is glo bal . The entire system has destroyed itself, and the unravelling, which has taken ewer three decades, has now brought us to the end point, to the boundary conditions of extreme twiiulence, as many boundary layers tend to be, In which we either elfndnete those policy changes which were popularized and institutionalized during the put three decades. ar dda wmtd Is not Fins to ............ ..._. ..... Nothlna less than radical excision of those institu- tionamed practices which are now generally accepted, will sullice to halt this crisis. Second, the present fatally ill global financial and monet.aey sysleffl, must be radially reorganized. It can not be refonnal, it 1111111 be reorpnized. This must be done throuch the concmed actions of a key initiating IJ'OIIP of P'fflll1lffll5. This must be done in the man- ner of a reorpnization in bankruptcy, conducted under the authority not of international institutions: but of w •4-.,..Wids. 1he accepcable model for the reorpnized international monetary and financial sys- tem, is the incontestably superior successful function- Ins of the old Bretton Woods System of the pre-1958- 1959 1950a. OYer anything msting since those axiomat - ic chanps in direction of policy-shaping which were introduced by the United Kingdom and the United Stales, durint the period 1966-1972. 1he required -include: a) periodically fixed exchange values of national cur- rencies; b) limited convertibilities, as may be required; c) exchanae controls and capital controls; d) foaterina of neceuary protectionist measures in tariffs and trade rqsulations; and e) oudawins of the creation of rnarliets which con- • " - • I 0 C ' • • • 6. May 1987 F-..t: The o ut- break of a majo r col- lapse in the st ock marke t beginning approxima te ly Oct. 10 , 1987 . This was LaRouc he 's fi rst a nd only s tock -ma rk e t forecast. ,_..DNI: During an April 12 nationwide half-ho ur TV address . LaRo uche d escribed the "bouncing ball" phenome- non as the key to following the continuing collapse of the U.S. economy through the course o f apparent s ho rt-te nn fluctu- ations rela tive ly up o r d o wn . ,-,aaat: An ongoing "mudslide" of economic collapse, rather than a dra- matic blowout . "'Many people have been looking for a definitive one-day, two-day, three-day financial crash, perhaps on the markets, with the Dow Jones, sometimes called Baby Jones, Index crashing 500 or 1,000 points o r more. What they are see- ing is ... the great mudslide o f 1991 ." LaRouche wrote on Nov. 23 . for1aaat: The presently exis t- ing g lo bal financ ia l a nd mo n e- tary syste m will di s int egrate dur- in g the ne ar te rm . The collapse mig ht occur this s pring, or ~um - mer, or next autumn; it could com e n ext year; it will almost certainly occ ur during President William Clinton 's first tenn in office; it will occur soon. That collapse into disintegration is inevitable. because it could not be stopped now by anything but the politically improbable d eci- s ion by leading governments to put the relevant financial and monetary ins titutions into bank - ruptcy reorganization. 0 - • "'. ................ Black Monday, Oct. 19 , 1987: the Dow Jones Industrial Average drops 508 points , or 22.6%, the largest loss in its his- tory, twice the col- lapse of 1929. ..... 11111111-* Federal gov- ernment "indicators," and the ~ Jones Average, adjusted to include non-productive service industries and jobs and profits from activities such as derivatives trading. show modest recovery, while productive base of the economy continues to collapse. ...., ...... 1993-94 bankruptcies of major financial institutions in Venezuela, Germany. Spain. and elsewhere signal a systemic crisis; the bond market collapses; major players. such as the Canada- hued Olympia & Yori, the wand's mar real emle compa· ny, go under-. ...., SC HI.After a series of derivatives blowouts in 1994-95, and the near<Ol - lapse of the entire monetary syscem with the Mexican crisis of that same period, a hyperin- llationary spiral. including rapid derivatives expansion, delayed the disinleplltion into President Clinton's lel:Olld term. Starting in the summer of 1997. the rapid phase of worldwide systemic collapie began in Asia and has now proceeded IO the point of Slate bankruptcies in Russia, and the danaer of a p>bal deriva- tives blowout at any moment 15 I 0 ' • • 0 - duct financial speculation against targetted currencies. Third, as measured in physical instead of the usual Normal 'Triple Curve' for hNlthy economy ful enough to defeat preda- tory corporations, like hedge funds , by themselves . monetary terms, the world's economy is presently func- tioning at levels of neptlw free eneray, which are presently far below a breakeven poinL The current levels of net physical output arc Insufficient to prevent the existing populations and economies from continuing to collapse into a spiral of accelerating general physical- economic contraction, and ultimate physical colla,-. Unless this shortfall in per capita physical output is reversed and soon eliminated, no financial and monetary system, however sound in otherwise design, could function. No mere medication could save a man who is being staJved to death. There is no financial and monetary system which could possibly succeed, unless it were accompanied by a general program of forced-draft physical-economic recovery, a program which must rapidly approach and reach the levels of sustainable, positive ~ ratios. This means a recovery analogous in important respects to the Franklin Delano Roosevelt recovery in the United States, and on a global scale. ................ ., ............... Today, s ix months after LaRouche's cited speech. there are an increasing number of statesmen and bankers who are looking to a return to the stability of the 81·e11on Woods system. Pragmatically, they have come to the conclusion that the constant fluctuations in cun-ency values and the wild gambling on the stock market s for a quick "return." have become absolute obstacles to the well-being of their populations, panic- ulal'ly for long-term investment in infrastructure and produc tive plant. In response to these pragmatic moves, some of them by individuals and institutions previously fanatically attached to "free trade." the ideo- logues are relentless in shouting, • All power to the free markets!" In reality, there is no such thing as a "free market ." Governments have created corporations. including banks. and set the rules, or non-rules, for their opera- tions . If governments wish to change those rules-for the well-being of their populations!-then they have every right to do so. Now, of course, some governments are not power- 16 rome This has been the case for the small Asian countries, for example, who have faced s pec ulators who could mobilize many times the amount of reserves which they could. But gov- ernments such as Malaysia, which just declared its cur- rency inconvertible for any- thing but trade , can carry out defensive measures . The monetary authority of Hong Kong actually deliv- ered significant blows to the international specula- tors over the recent period. The principled point is the assertion of sovereign nationhood, against international piracy, today called "globalization." Governments, especially republics, were created in order to provide for their populations in the ways outlined in the preamble to the U .S. Constitution, As FDR pointed out in the 1930s, he was using the power of the government to protect people from the cartels. It is this very same principle which Malaysia's Mahathir put into effect, and which is required for the entire world's popula- tion today. . ....... For man~ individuals raised since the Second World War, the concept of an economy based on increasing physical production and productivity for the future welfare of mankind is a foreign one. To them, money or "information" is wealth-not the actual productive power of labor, in which man exercises dominion ov-er nature. This le.ind of deluded individual , often a Baby Boomer, understands noching about the requirements for hwnan sunival. Since it is useful to know what a healthy economy would be like, we include here a heuristic model pre- sented by economist LaRouche at a conference in January of 1998 . Compare this to the Triple Cwve or collapse. In a healthy economy, finance is subordinated to ensuring improvements in production and living standards. In this short space, we necessarily oversimplify, but the in-depth principles are available in LaRouchc's - nomic text and this 1992 c ampaign program book. They provide the basis for dumping the IMF system, and launching the kind of global reconstruction we ncxtaddrea • ;- ·I 0 I 0 ' • \ • • 0 • 'Ille 111, ••••............. T his map ·hows . for the largest continuous landmass on our Planet Earth, the main routes and se le ted seco ndary transportation routes , which are prioril y corridors of intended and exis1ing economic improvements, to further e onomic developmem for all peoples and nations of this vast expanse of Eurasia-home to nearly 4.5 billion people , three-fourths of the entire world popula1ion . The Eurasian Land-Bridie in- lerconnections to the continent of Africa are also indicated, showing key routes through Cairo, to Lagos in the west, and Nairobi in the east, with spurs going south. The land pathway to the Western Hemisphere is shown in the northeast comer of the map, with the proposed Bering Straits tunnel. The archipelago route to Oceania, and the South Pacific, is shown in the lower right. From this per,pective, the ocean basins of the Pacific, Indian, and Atlantic Oceans are waterways for commerce • .. - ·-.. -___ .......................... _ _,. __ moor-·-- and benefit, not isolating features. ,, The concept of the Eurasian Land-Bridge approach to economic dewlopment, far from being a pie-in-the-sky dream, is a conception which is already happenin1 In key locations, and under discussion for othen. Goods are traveUing on the railway from Uanyunpng, on the coast of the South China Sea, all the way westward throu1h 10 Rotterdam, on the Baltic Sea. The heavy black lines show three main East-West intercontinental routeways: in the nonh, the old hns-Siberian way throuah lluuia; in mid-continent, the line running throuah Central Asia and watem China; and in the IOUth, a propoaed path pa throuah India, and the lndo-Chinele penimula. The map's dotted or narrower U-show propolled. exislin&, and laaer tinb, a noted in the by. You can euily read into the map. the old bade routes of the "Silk load" of ancient timN, the old "Fur Path" lO the 17 • ..... I 0 C ' • • • -,, . 0 - north , and so on . The locations of the corridors conform to terrain and economic history. The name in China for this intercontinental development perspective is "The New Silk Road." and many parts of the infrastructure networks, such as oil and gas lines, fiber optic cables, waterworks, and other projec ts , are under construction. In the 1990s, Lyndon LaRouche , hi s wife Helga Zepp LaRouche, and collaborators, launched an international drive for the Eura s ian Land-Bridge, as the "New Silk Road" locomotive for worldwide economic development. (See EIR Special Report , January 1997 , 290 pages, color map insert.) To think of LaRouche's idea of the "infrastructure corridor." picture a continuous strip of land, approximately 100 km wide, centered on a major inland transport route (such as a railroad line), with parallel lines -of high-capacity electric lines, fuel pipelines, water supply lines (perhaps including irrigation), and. so on. Thus the precondition exists for ratios of power, water, and other inputs for every kind of industrial, agriculture, mining , and urban activity-the most important one being ingenuity. TIie • .....,._ of the 'Productive Trlanalle' O n ce you determine that the world's governments are going to work-:o ge ther for global recon- struction , you have to know how to approa c h it. If you are with the World Bank , you will decide to stress re di s tribution of wealth from the ri c her countries to the poorer. But if yo u really want to upgrade the con- dition of mankind everywhere, you will put a major emphasis upon reinvigorating the most productive indus trial centers-so that they can se1ve as locomotives for rebuilding the wo rld . In 1989 , from prison , economist LaR o u c h e took thi s approach in deve loping his "European Productive Tri a n gle " c oncept. The Triangle is na m e d fo r the Pari s-Berlin-Vienna area whi ch forms the industrial and eco no m ic core o f Europe, including 1h e m o s t con ce ntrated s cie ntific la b or p o w e r in the e ntire world . La.Ro uc he's plan was to prepare this region to be able 10 re build the economic infras truc ture of the whole co ntine nt , particularly Eastern Europe, through build- ing the mos t advanced forms of transpon, communica- t io ns, a nd electric power. The area of this triangle is approximately 320,000 square kil o meters, and comprises almost 92 million human beings. Half of these people live in the Immedi- a te environment of the 10 large industrial areu of the regio n . These are industrial centers which are CWTffltly SL"'<'ing their industries and manpower thrown on the scrap h e ap . bec ause the globalized environment de ma nds an immediate quick profit , and cheaper labor cost s . Yet the key 10 real productivity Is not cheap labor and low technology, but the very opposite. From the lnangle, important Infrastructural rorri- 18 dor.1 radiate out in all directions. Some are toward the East ; others go towanf Africa and the South; Still oth- ers can stretch to the North and West , providina the basis for upgrading living standards In a region three times the area of the center. High-speed rail was one of the major componena of the Triangle plan, as It would speed the movement not only of people, but abo of £msht throu,tl the --The technolosY of choice ls mqnedc levitation. The l«Xllid essential infrastructural pillar wu the eneqy supply, with concentration on nuclear power. There ls no -Y that sufficient fflel'IY expansion could be achined- includlna ffl)lacement of the umafe Chernobyl types of nuclear racton In the Eua-without a renaiaNnce of nuclear eneray, rnmt likely around the newly ckwlaped small reacton. • I 0 ' •1 • • 0 - Development Projects for Africa A s early as the 1940s, when U .S. President Franklin Delano Roosevelt met British Prime Minister Churchill in Morocco . there has been a clear outlook toward the industrial- ization of Africa . At the time. Roosevelt told Churchill that it was intolerable that Africa remain a region for extraction of raw materials, and that, after the war, the resources had to be poured in, in order to educate and develop thriving, modem economies. This was thwarted, but not for lack of plans. Now, with the International Monetary Fund era cracking up, we can put an end to the no-develop- ment decades, and return to the perspective of large-scale infra- structure improvements for the great continent. The needed plans exist for greening the desert, for expand- ing waterways, for building rail links and ports, for power, for new cities and agriculture regions. For example, in south- ern Sudan, over I SO km of a big trench on the upper White Nile has been dug (completing half of the proposed Jonglei Canal). then forced into abandonment , because of IMF-era international opposition. The map here shows a center- piece project for the entire conti- nent : the development of the vast Zaire (Congo) River bas in water resources , which is known as the "Transaqua Project ." The inset map of Africa shows the nations directly affected by this project-which are right now, the very nations plunged into bloody strife under the no-development, British neo-colonial geopol- itics . The Zaire/Congo River is second only to the mighty Amazon. in terms of huge volume of water. Under the Transaqua Project, a "new river" could be created by diverting water drawn off from the Zaire, and channel- ing it northward, to refresh and expand the dry Lake Chad basin. (On the map, the Bamlnaul & Chari chan- nel.) The Zaire River would "give up" only 5% of its flow , yet. at the point of discharge into the Chad Basin, the flow rate would be a whopping 3,200 cubic meters per second, which is equivalent to almost douWe the dischaqe of the Nile River downstream of the Aswan High Dam. Thus, Africa pins a "New Nile!" The map mo shows the route of a navigable canal in this Central African repm. The hatched area in Niger and Chad, shows a new agriculture development region that would be opened up, covering 12-17 million acres of intensive and semi-intensive irrigated fanning. This is almoat double the area now intensively cultivated in Egypt. Criss-crou this -n.nuqua Project" region with pri- ority hishways (e-1-, a 'Jrans.Africa highway of 6,000 km from the eutem pol1 of Mombua on the Indian Ocean, in Kenya, to Lap, Nipria, on the Atlantic) plus rail Unb, and Cenllal Africa becomes a world cen- ter for hope and development. 19 • ... I 0 C ' - • • • • 0 I • - Bulld the Great Projects of Solltll Alllerlca •• ' . ' . -.,, \ -;-,1 • / COLOMalA 20 PACIFIC OCEAN ~ ·"· '\ \"1°. ..... ,.,: \ :, i i f ~ \ ,.i .., I, .i_ ! ·. ' . \~ .. \. Iii\, ., A Tl.ANTIC OCEAII IIAZIL ·" / ,. I .... Plapolld-- • "Placlldlil A'M The map shows. the great water proJects called for in South America, and also illus- trates the continental scale required for all basic infnattucture im- provements: transconti- nental highways, rail routes, new cuts through the Isthmus of Panama and Colombia for ex- panded Pacific-Atlantic transit ( I and 2 on the map), coastal develop- ment, and moderniza- tion of urban and farm regions. The map locates and names 12 specific canals and lakes, and denotes a gray • Productive Allis" zone aloqi the Brazil/Uru- guay/Argentina region that would move inland <• the 8ffllWI llhow) widl the development of the upland waler projects. The dark black lines lhow the principal poten- tially navipble chanaek of the ..-i mW' buina, thal can be hooked into one "Great Waterway· ... nonh10Ulh. Of the Waterway's 9,811-km lenath. 1,650 km ii loc:at- ed In the Orinoco Buin, 4,333 km In the ~ Basin, and 3,370 In the La Plala Buin. The aiti- cal liab are indicated by broken Imes. An eetimated 17'1{, of the total pat Waterway route (or I, 730 km) wouJd require aiplBc:ant lmpcw_., in the eMtimdan of Brazilian railway enpneer· specialist Prof. Vuco Azewdo Neto. The wat.ennya on the map are patha that lhow the naeural .... of ... ....-...ce· of the oondmnt, whk:h wouJd be the ....... ~ corridor routes (rail, power Uw, commuakadcws, etc.). w'-e development -w ........... rich condamlt. • I· • ' • • • • "' - 0 - .................... 1ntrastructur• of Nortll Alll•rlca This map of the 1960s " onh American Water and MacKellDC RMr (IIOl1hffll Canada) run-Off now goin& lQW3J'ds the Arctic, chanMlinl it throuah the 500-mile Rocky Mountain u-cnch, then alonl various routes, eventually reachlna even Mexico. The broken lines Power Alliance " ( AWAPA) shows the continental scale of the n eeded water supply improvements in North Ameri ca , and also make s the point of how behind and bac kward the econo mies of the United States, Canada , and Mex ico, have needlessly become under 30 years of anti-development "free market" poli- cies. For three d ecades . while the amount of money into mergers . s pec ulation . and the "markets" rose , investment in infrastrocture . industry, and agriculture slowed down 10 nothing. "Soft infrastructure" has likewise been shorted, and ratios are dropping of per-household numbers of hospi- tal beds. diagnostic equipment, etc . The NAWAPA Project shown here . was drawn up by the Pasadena . Calif.-based fiim of Ralph M. Parsons Co .. and favorably reviewed by Congress i.n the 1960s for completion by the 1990s , but ii was never begun. The idea is to divert southward some I 5% of the show new, navipble canals-The principle-on a gnnder scale-is the same as that of the Tenneaee Valley Authority of the 1930s, and the 1950s St. Lawrence Sea-Y· both located on the map. NA.WA.PA could IUIIPY an additional 135 billion gallons of fresh -t« to the United States, Canada, and Mexico, plus power. and vut new areas of cultivation- II would inYOlve mouunda of skilled jobs to constnlCI and operate. When you vilualiae overiayl OD this NAWAPA map, of expanded rail Unb, mapeticallY levitated routes, uppaded levees, and new power, water, and mass tran- sit for dties, plus re(url,ilhed farm repc>IW, you bealn to aee the Vall c,uwdue proJeclS and paUlltial at home In North America- 21 • I 0 C ' •1 • • • 0 :, - FOR A UNION OF SOVEREIGN NATION-STATES On Sept. 6, at th e co11 cl11 sio n o f her keynote address to the labor Day ronference of tire LaRouclre r,wvement in tire United States, Helga 'ZeJJJJ l..aRo11clre released text and inirial signers of the followi11g Ca ll fo r a Unio n of Sovereign Nation -States, 10 inte,vene in tire present world crisis to build a iust new world econo mic order. n,e Call is being circulated intemationally. Ti e wo rld is no w faced with what could become very ast the wo rst fin a ncial crisis in world history. As the ases of some of the vi ctims of the present global crisis demonstrate, c haos, hunger, and epidemics cost innwnerable lives and potentially threaten hundreds of millions, if not bil- lions, of people's exi stence. Since all the leading international financial ins1i1utio n s. led by the International Monetary Fund , have failed to protect nations, their economies, and their people, nothing less than a radical n,organimtion of the global financial system, will be sufficient to pre\lellt an early c hain-reacti o n dis integration of the present international financial a nd monetary systems. Although this is not said publicly, within the corridors of discussio n amo ng leading c ircles in various important gov- ernmenls, and e ls ewhere , the need for such a radical refonn , of some kind no l yet defined, is now undeBtood to be the o nl y possible ahemative to the presently ongoing global , financia l, a nd mo netary catastrophe. The time has com e, that some agency must introduce the di scussio n o f the early design of such a radical reorga- nizatio n. The co rnersto ne for building any successful reorgani:za- tion mus l be in the fonn of a new quality of pannership betwee n 1h e part of the world which is relatively most advanced techno logically. and the part which represents the nations with the largest populations. Whal is needed 10 thi s end, is the creation of a system whose leading fea1ures are akin to the pre-1959 period of the Bretto n Woods system . The means required include the estab- lishme nt o f relative ly fixed parities among national curren- cies, and just levels o f price-stability among key commodities of inte ma1io nal trade. primary commodities most emphati- cally. The o bjective is to generate large Hows of long-tcnn, low-cos t c redit for s upplying needed machine-tool-design technologies and basic economic infrastructure to politicaUy s1able socie1 ics of I he so-called developing sector: In such a new Breu o n Woods sys1e m , the voice of the developing coun- tries mu ·t be equal 10 thal o f the induslrial nations. In s uc h a pan nersh ip , the U.S.A . s hould play a key role Its pr-elm,man endo,w~ wen-: Gearsla: Pro f Vakluang ~. AJeeria: Dr Abdelluwud Braltimi, /onrw,· Pnme Mtt1oter ( JQ84-88) ~ Dr Alr,w:, AJIR,uk, Member of Co ,ig,r.u; Molra uwi A11 Semeldm , Jom,er Colonel o( Annv -'-Prof Dr 1/QPIS R . KJ«a13k\\ Jomwr Mmts tr.r of lmllct'; Dr lla11.J Koecliler, prr.sukm. ,,,,m,alional f'rr>g,fis °'l;atii:JJIIOtt llraall: Dr. £,re& Can1e1ro, candulate (or Prei;1dr,u··v of Bra zil People'o ll.epul,lic al CW.: Pm/esmr O,a11 Jm. Clu,,ese A.ca<k"" of Sonat Sctt"nas Calomhia: Jorge Carrillo, {om ", Mim.ster o/ Ulbor {om,u Spe,w:1' of Georgian Par/ill,,,.nl, M ,i.. of Parlillmn u, liq,. '.c o{G«xgia; ShaJva N41do.,ln,iJj, i-Ju of Labour Party of G,,o,p,. """""of "Labouri.s1 " Faclion in Parlill""",; Prof. Gu""" Muchmd~. lmMr of Soci"1 Dmrocratic l'any; c.-i Bich4shviJI, "kmbo-of ParlMlfflDlt fr<-Labour AuTy 0.-,, Ha,,, ~l..aRoMdw. lwJidmt, Sd,i/1,r l nstltuu ...... K.lt Gon,sJ,, (onn,r Fi,,.._ Minista-;,...,.,,,K.~ f.__Fi-Mlnistn; "°"' lwlll of {omen affairs rommln« of Con,vus /'any Italy, Stn. Flam inio Picro/j, r- from the side of the relatively more technologically advanced economies. On the other side, China and India are keystones for long-tenn , large-scale development of East , South, and Southeast Asia. Russia , presently an impoverished nation, but with p n, ious machine-tool- design potential in its Fonner scientific-military-industrial complex, is a crucial partner for both China and India, boch in respect to Eurasian economic development as such, and for contributing to stability within the nation-states of Central Asia. Other countries also, from Africa and Latin America, hopefully can be grouped around this. Such a n,organimtion will require the immediate wrilNIIJ of tens of trillions of U.S . dollars nominal valuation of highly speculative 6nancial assets, such as • derivatives." while lllabl- lizing the medium-to long-term valt.Wjon, at arbitrarily low yields, of popular savings and agro-industrial and infnmtruc- tural capital assets. One 1111111t think in tenns of a dec:ade of management of panially "fro7.en " assets, as a period in which the worill economy and Its nations can build their-yup out of the presently catastrophic financial situation. The principles of such a new world economic order must include a complete rrjection of aeopolitlcs and technologi- cal apartheid. It must be based on the lnalienable lttpls of All Peoples on the planet. which can only be protecllld If it's based on the principles of physical economy. Since it la only the creativity of the individual, and his or her ability to ,en- erate again and again lcientific and technological pt"CIIRSS. which is the basis of the wealth of nations, there must be free access to technology for all nations without eiu:epdon, in order noc to delay the pcaibility for dewelopmenL The desigrt for the New Wortd Economic Onlir ahould. include oollabontion ~ IUCh aJUlllris a lhe U.S., Rm1ia. Olina. India. Pamtan. and othcn. to devaop a new--. of the SDl-bwd techodaps lwl on new ~ principlm and their applic:aDolJ uo in the dvilian economy• a ldcnce driva-to~ lhe produL1mty of the wand CICOIIOIII)' The new world ea-* order -pul ID .-b-e\8" all forms of imperialllm, colonialiam. and oliprdilam. and, rather-than looldnc at foreip policy as a Ions liac of •._ taus" and -~· of the odler nations, it mould be based on respect for lhe baa cultunl traditions of lhe own. The uni-1 history of mankind has reached a point where we are all sitting in one boat: We face either a - Dark Aee IOFlher, or a global new Rmaiaance. la us ti-. fore form a new alliance of-. nations with the aim to reali7.e a just New Worid Economic Onler-in the ._. future . ,,,.._,,,a(;..-.,,.,. ,..,, of_.... roalinon: Dr. Christillt1 llmK1cratic ,.,,;.., S,.,..W-OIM:J,i. for-""" formu minister in '"'"°"' Italia n Mini-a( EdMauio,, go,..m,-,,s, (onn,r ffflfflU ........ Dr. Jo:.( MiJ:Joslra, fo,,wr -,ary a(Cluiuian llmwxfftic 0.,,,.,, ""-~a((inl l"llny of Italy pos1"""'"""'11i _.._, a( .....,., 11u,S,i ll,u,,on ~ ~ (onn,r Fi-..... Dr. GIM:i S. MINri. Min istry o{ficwl. "°"' """""'°'" Minuter a( C'IMlln "1t4 ""'"-; Dr. K,u,i,n """'-,_, ,..,.,,__ and"'"'" ....... God(,wy ...... for-...... Joa'-l'bnillo, for-,.,,,...., of U,0,-(1979-INOJ; ,....,idmt of Mairo for-.._...,, a... a( ...... Amuo Qulilo Oarinos, U,.,-(1962-/11671 A4ottber af eo..-.· "'-' IJallNI -i,,.,,, H . c..a-~ "-'-af ........................ hlJwr eon,,a. Ric'-' T. Mcs.-,i SJ, ...... Dr. Jo:.( Frw:,-. 5-lor Dllw:a; c.,,. (a,,-,,, a( l'b/isl, Rq,,blic (a,. .sr..io, """'-""" t-.;,,i ~Salidamosc~ ~ D.C. • " - 0 0 ' • • • 0 • Read To Change the World! 'We're going to have to remoralize our people. We're going lo have to make them aware of what the higher level of thinking is. We've got to have them become leu mecliocre, more moral, more opdmhdc, man aelf-NepectlDI 'But we will fail, unless we mobiliu the inside of the heads of individual people, starting with the President of the United States, to cause each to provide the leadership, or play the other crucial roles that each must play, in order to make this attempt at a global reconstruction of civilization work.' -4'ndon H. LaRoudte, Jr. ..... ........ ...... ... ...... .., LaRouche and EIR ha\'e been ript- While others haw ignored reality. Elll SJMl!O-- Journal o( Podrv. Sc~. and 1«111ft "It l I hrough beaut~ that onr ~ lo freedom ." -Fni!drich Sdtilln Fidelio "°"' ..... IIIICI I 18111•11 a ... ....... . Expand ~ wortd view! 21 .. c.m.y lldeam 6 ..... ..., $25M ..... -1WY'I CALL ftN.Lfl 11• --- Septembers. 1998 --..~ ...... You read it fint in The New Federalist! NewFed11'11111t $3511 ....... r--------------------------------, The New Federalist '"l 835 for 100 ...._ -820 for 50 ·---__ .,_.... ... TlteN-Federallat Cly P.O . Box 889 .... Zip 1..enburs, VA201 78 -(800) 45:M108 • 0 I 0 ' • • • ~O member.ihip, include,, 100 issue" of New Fedenllll. the national llC" ·paper of the American S-.tem. • 0 .. - ----------------- ----------------- ,O memben.hip, includes ~o '"ue of New FeclenUst. C"Y -------- 1 he nauonal ne" paper of the An1cric-an \'~tem . Phone _______________ _ For mo<e ,nlormabOO' 888-EIR-3211 -1dWldeW9b: http://www .larouchepub .com/tv e-tnall: larouche O larouchepub.com ............. D.C. 2m-544-70l7 LeNIIUl9, VA 703-7779461 ...,._..,,...._703-rn.-21&0 ~M412......-.0 Plll&J \till,M110-734-70IO ........ Im 410-247-4200 NaltDIII. 'VA 757-631-2111 HoualDft, 11l 713-641-2I07 Cllllal9, L 312.-.e100 ..... 11D-232-2441 a 4 7 -112-772-GOU ................. , .. --. • ...-.11112 ......... M..-.me .._,.......,CA21S-a.1IIO ........... CA11o-94'70 • ,. . ..-..-20&-3112-9091 .......... IWll,NJ ao,..,.,.- ....., NY 718-873--0861 ....... 711-3IMOOO ....... ~514-9-64115 I 0 ' - - • • ~-. • • . . ... 6 October 1998 RECEIVED Mr. Tom Bums, Mayor Mr. Stuart Fonda, Utilities Director Members of the Water and Sewer Board City of Englewood 3400 S. Elati Street Englewood, CO 80110 OCT 091998 CITY MANAGERS OFFICE ENGLEWOOD.COLORADO Mayor Bums, Mr. Fonda, Members of the Water and Sewer-Board: I regret to infonn you that the October, 1998 meeting of the City of Englewood Water and Sewer Board will be my lut u a board member . My wife and I are moving to the east side of the Denver metro area to better serve both of our career needs . As ~ we will be no longer living in Enalewood, and I will no longer meet the criteria for terVing IS a member of the Water and Sewer Board. I have enjoyed my time IS a member on the Board and as its recent Chair. This has been an invaluable learning experience for me to serve the citizens of Englewood on this Board . I wish the Board great success u it moves forward with improvements to the Allen Plant, the Bi.City Treatment Plant, and development of land along the C-470 corridor. -.. > I •. ' • • • 0 • 0 - P RO C L :\ :-.t .\ T l O ~ WHE RE:\ . the h os pi ce plu.Jo o phy a ffirm s t h e inhe r e nt d.ig ruty a nd worth of e very m d1vidual .ind reve~'es human We mall ,ts stages : a n d WH EREAS . h os pi ce o ffe r s a specia l way of ca ring fo r te rminally ill pe r so n s. e nablrng patient" t ll\·e co m fo r tably a nd peace full y m thei r final ays: a n d WH ERE.-\ . h os pice care r e li es on t h e co mbined kn owl edge . kill s nd co mpassio n of a full team of pr ofess io nal a nd vo lunteer s -including phys1c1ans . n ur es . nur,e :.11d e co un s !or . therapists. a nd cle r gy -to h e lp patie nts a nd h e u fa m 1l.ie$: and \VHERE ,\S . hos pi ce ca r e o ffe r s a uniquely e ffe ctive a nd eco n om ical alte rnat1 \'e fo r m a ny t e rmin ally t.ll peo ple a nd s up ports and ,tre ngthe n s t he e ntire co m muni t y as a source of h ope a nd e n co urage m e n t : and \\'H ERE,\S . t h e re r e m a ins a gr e at need to m cr ea-e t h e co mm u nity's a ware n e~s of he be nefits of h osp ice care a nd t h e vita l se r v ic es 1t offe r s <J ur co mm urut1 es: \"OW THEREFO RE . I. Thom as ,J. Burns. :-.I ay or of the Ci ty of Englewoo d . Colo r ad o . h e r e by procla1m h e m o nth of :-.lovember. 1998 ,.1s : NATIONAL HOSPICE MONTH in t he City of Engl e woo d . Colo r ado . l urge a ll E n glewood r es id e nts to JOll1 t h e oth e r tate and mum c1pal1t1es t hrougho ut this n::ni o n m rec ognizing >l ovembe r of each yea r as '-."ano n al Hos pi ce ~-lo nth . Gl\"E\" unde r my h anrl a nd seal hi s 19 h day of October . 199 , Thoma s .J . Burn,. :-.Li yo r • ~- 8 b I ' • 0 - PRO C LAMATION WHERE,\ . the h os pi ce philoso phy a ffirm s the inhe re nt dignity a nd worth of e ve ry md1v1du a l a nd r e veres hum a n li fe in a ll its s t ages : a nd WH E REA S . hos pi ce offe r s a pecia l way of ca nn g fo r te rmina lly Lil pe r so n . e n ab lm g patie nt to hY e co mfortably a n d peacefull y 111 their fin a l day : a nd WHEREA S . hos pi ce ca r r e li es on the co mb111 e d kn owl e dge. s k ill s. a nd co mp a 10 n of a full t ea m o f professiona l~ a n d \'Olu ntec r s -111 cl ud111g p hy 1c1a n s. nur se . nurse a id es. co un ·e lo r . th e r apists. and cle r gy -t o he lp patie nts a n d th ,r famili es: a nd WHEREAS . hos pice ca re o ffe r s a unique ly e ffect1\'e a nd eco n om ica l alternative fo r ma ny t e rm111 a ll y 111 p o pl e a nd s uppo rts a nd s tre n gthe ns th e e ntire co mmunity as a so urce of h o pe a nd e n co urage m e nt : and W H EREAS . t he re r e m a 111 s a gr eat n e d to in cr e ase the co mmumty 's a wa r e n ess of the be n e fit s of h os pi ce ca re a nd t h e vital se rnces 1t offe r s our co mmurut1 es: NOW THEREFORE . l. Th om as J . Burns. :\,lay e r of t he City of Engl woo d , Co lo r a d o. he re by procl aun th e m onth of Novembe r. 1998 as : NATIONAL HOS PI CE ~ON TH 111 t h e City of E n gle woo d . Co lo rado. I urge a ll Englewoo d r es id e n t s t o J0111 t he othe r s t a t es and m umcipa liti es t h r ougho ut thi s nat10n 111 reco g 111 z111g Nove mbe r o f each y ea r as ~a ti o n a l Hos pi ce :\lon th . G l \'E'.'J und e r my h a nd and ea l th1 E 19th day of Oct o be r . 199 • •• 0 , - - .. • -- • • COUNOL COMMUNICATION Date Agenda Item Subject October 19, 1998 10 a i Bill for an ordinance authorizing an Intergovernmental Agreement with the State of Colorado INITIATED BY STAFF SOURCE Department of Financial Services Frank Gryglewicz, Director of Financial Services Oris Diebold, Information T . · Mana_. COUNOL GOAL AND PllEVIOUS COUNCIL ACTION City Council has made Information Technology a priority for the City. This bill for an ordinance allows the City of Englewood to purchase software through existing State contacts at the lowest cost available to the City . RECOMMENDED ACTION Staff recommends that City CoW\Cil approve the Ordinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the State of Colorado for purchasing 90ftware from existing State software contracts. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As a political subdivision of the State, this agreement allows the City to purchase software from State negotiated software volume purchasing agreements. This provides significant savings to the City by using the volume purc:huing power of the State. This agreement covers Microloft, Novell, Corel. and Lotus. The City currently licenses software from Microloft. Novel. and Lotus. FINANCIAL IMPACT None LIST OF A 1T ACHMENTS Proposed Bill for Ordinance ' .. •. • ' ' . . . 0 • - - • T • • •, Publiahed aa a Bill for an Ordinance OD the 23rd day of October, 1998. Thomaa J . Burna, Mayor A'M'EST : Loucriahia A. Ellis, City Clerk I, Loucriahia A Ellis, City Clerk of the City of Enclewoocl, Colorado, hereby certify that the above and foregoin( ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed OD first readin( OD the 19th day of October, 1998. Loucriahia A . Ellis . ' .. •. ' .. • • - ·• ORDINANCE NO ._ SERIES OF 1998 (. • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 61 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORAOO AND THE STATE OF COLORAOO, DEPARTMENT OF PERSONNEL WHICH AUOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS . WHEREAs, the State bas ne90tiated JDuter aoftware licenainJ terma and oonditiona which permit statewide orders by State aeenaea. departments, institutions and political •ubdiviaiona from JDuter licen.aiq q?'eeJDenta with software JDanufacturera/publiahera; and WHEREAs, by the paaaqe of thia intawoYel'lllllental asreeJDent, the City will be eligible to pun:hue aoftware uaiq State nesotiated aoftware volUJDe Purchuinc agreelDenta; and WHEREAs, thia will provide •isnificant aavinp to the City by uaing the vohune Purchaaing power of the State; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADo, AS FOLLOWS : $cctigp 1. The intergovel'lllllental &peeJDent between State of Colorado, Departznent of PeraonneJ and the City of EDf)ewoocl, Colorado Jl8rtaininr to the Pun:hue of software from State nesotiated, IOAware volwne Purc:baains 8PMJDenta, attached aa "Exhibit A", ia hereby accepted and approved by the Enslewoocl City Council. Sec;tjpn 2 The Mayor ia authoru.ec1 to e:a:ecute and the City Clerk to atte.t and eeal the AtrreelDent for and on behalf of the City of Enc)ewood, Colorado. Introduced, read in full, and pueed on first readinr on the 19th day of October, 1998 . -1- . . . ' , .. .. • .. 0 • • -• .. • • INTERGOVERNMENTAL MASTER SOFTWARE LICENSING PROGRAM ENROLLMENT AGREEMENT nns agreement, made this ~ day of October 1998, by and between City of Englewood hereinafter referred to as "enrolling entity," and the State of Colorado, acting through the Depanment of Personnel hereinafter referred to as The State, WHEREAS , pursuant to section 24-110-201, C .R.S. (1997), any public procurement unit may either participate in , sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units ; and WHEREAS , the State has negotiated master software licensing terms and conditions to permit statewide orders by State agencies , departments, institutions and political subdivisions from master licensing agreements with software manufacturers/publishers ; and WHEREAS . the State is agreeing to administer such master software licensing programs in accordance with the terms of such programs ; and WHEREAS, the enrolling entity is an eligible agency. depanment, institution or political subdivision under such master software licensing agreements; NOW THEREFORE, it is hereby agreed that : 1. The enrolling entity acknowledges that it has received a copy of the program and licensing terms under: a. Microsoft Government Select Master Agreement • dated 11/20/97 ; the Microsoft Education Select Master Agreement , dated 11/20/97; Product Use Addendum A; all as amended by the State of Colorado Modifications dated 11/25/97. b. No vell Master License Agreement, dated I0/8/97 . as amended by the State of Colorado Amendment dated 7/14/98 . c. COREL CLP Universal Agreement, dated 11/24197, as amended by the CLP Universal Agreement Amendment, dated 7/23/98. d . Lotus Passport Program, Government Contract Option and Enterprise Option Terms , dated 7/1/95 , as amended by the Amendment to Lotus Passport Program Government Contract Option and Enterprise Option Terms, dated .1m/91; Lotus Software Agreement. .. • ~· I • I T A ' .. • .. I· • 0 , -• • - 2. The enrolling entity acknowledges that these agreements contain confidentiality provisions and use restrictions on software ordered under such agreements, and the enrolling entity will disseminate such limits and restrictions on use to its employees. The agreements require that enrolling entities take reasonable steps to protect software and documentation from unauthorized copying or use . Enrolling entities may not disassemble or decompile the software. The agreements also contain specific use audit, self-audit. and reporting/certification provisions to validate compliance with license restrictions . The parties agree that the Department of Personnel shall not be responsible for any liability arising out of orders placed by the enrolling entity or any costs associated with audits or purchases of additional license rights after audits under these agreements. Collection of and/or disagreements over payment are the sole responsibility of the reseller and the individual enrolling entity. In the event an enrolling entity is determined to be liable for the costs of an audit, the enrolling entity is responsible for any such costs under these agreements. Enrolling entities shall , at their own expense, satisfy reporting obligations under these agreements with respect to their own use of software ordered from these agreements . 3 . The enrolling entity will comply with the terms in the then-current State Award in placing orders under this program , through the reseller administering the program. The enrolling entity will furnish updated information concerning the identity of its program point of contract to the reseller. The enrolling agency's point of contract for purposes of these programs is: Chris Diebold IT Manager City of Englewood 3400 S Elati St Englewood, CO 80 I IO (303) 762-2383 4 . The enrolling entity shall not distribute or redistribute or permit any of its employees to distribute or redistribute files, code or software (as those terms are used in the Microsoft Product Use Rights paragraphs IC(2), IG(3), IK(3), lLlf, lLlg, lM, 10, lPlb, Dla2(j )) from Microsoft Office Developers Edition, Microsoft Visual Basic , Microsoft Visual C++, Microsoft Visual FoxPro Professional, Microsoft Visual lnterDev , Music Producer, Microsoft Visual J++, Visual SourceSafe, Microsoft VisualStudio, Microsoft SQL Server and Microsoft Exchange Server. This prohibition shall apply to any use, distribution, or redistribution of files, code or software that is subject to an express duty of indemnification by the State in the Microsoft Product Use Rights, as it may be amended from time to time. 5. No software product or licenses may be sublicensed, transferred, or assigned ( such as to an "Affiliate" entity as that term may be used in the Microsoft Select Agreements) to another entity except to the extent that such sublicense, transfer, or usignment is permitted under the terms of the applicable program. and then only if such entity has . , • ... .. •· • 0 , ~?)(I -• r • .. . • ' (, executed an Intergovernmental Muter Software ucensin& Prosram Enrollment Agreement. The enrolling entity shall remain rapomible for all acu and omissions of such entities to which it sublic:cmel. tnmfen or -.. u:b IOflwarc products or licenses . Written notice of the lel'IDI of u:b IUblicemr, a-* or aaipment shall be provided to the reseller in a form IICCejAible tlD die O.Yisian of Pun::haling. 6. TO THE EXTENT AUillORIZED BY LAW , ntE ENllOUJNG ENTITY SHAU. INDEMNIFY. SA VE. AND HOLD HAJlMlBS 1llE DEPARTMENT OF PERSONNEL. ST A TE OF COLORADO AGAINST ANY AND All. CLAIMS. DAMAGES, UABD..Il'Y AND COURT AW ARDS, INCLUDING COSTS. EXPENSES, AND ATIORNEY FEES. INCURRED AS A RESULT OF BREACH OF OBLIGATIONS UNDER nus AGREEMENT OR THE PROGRAM ANDIOR LICENSING AGREEMENTS REFERRED TO HEREIN BY THE ENROUJNG ENTITY, OR ITS EMPLOYEES, AGENTS. OR ASSIGNEES . City of Englewood Authorized Signature Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk (Seal) Department of Personnel State Purchasing Director ', . ' • . .. • • 0 - - • Date October 19, 1998 INITIATED BY Utilities Department • • I• • COUNCIL COMMUNICATION Agenda Item 10 a ii Subject Granular Activated Carbon Lease Agreement STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board , at their October 13 , 1998 meeting, recommended Council approval of the GAC (Granular Activated Carbon) Lease Agreement with American Commonwealth Management Services, Inc. (ACMS). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Seasonal algae events in the Allen Water Treatment Plant's raw water supplies lead to complaints of musty tastes and odors from Englewood customers . The addition of granular activated carbon to the raw water supply may be used to adsorb taste and odor compounds . This is a strategy that has been used successfully at a number of U .S . water treatment plants for effective taste and odor removal. The GAC is leased since carbon requires periodic regeneration and possibly correct disposal according to Colorado law. The proposed ACMS Lease Agreement would provide these services . Calgon and AmeriGan Commonwealth Management Services , Inc. were asked to submit proposals for providing GAC for the Allen Plant Improvement Project . ACMS's proposal was tl1e lowest price submitted during the allotted time frame . The ACMS GAC Lease Agreement will provide carbon for five filters, each requiring 2 ,700 cubic feet of GAC , beginning the fourth quarter of 1998. The Lease Agreement provides for labor and equipment for the installation into the filters and GAC testing every six months . The Agreement is for 30 monthly payments if yearly monies are appropriated . •• ..... . ' ·- .. I· • 0 , -• t' • • ' ,(, FINANCIAL IMPACT The Lease Agreement will enable the City to pay ACMS a monthly rental fee of $2 ,060/filter continuing for one year. Beyond the 12 month period, the Agreement is automatically extended on a month-to-month basis until one party gives a thirty days notice prior to termination . Total cost over a 30 month period will be $309 ,000. If testing indicates the GAC useful life is longer than 30 months, the City may use the media at no additional cost. LIST OF ATTACHMENTS Ordinance GAS Lease Agreement . . ' ' ' • - .. • • 0 , ~'l VI - ORDINANCE NO ._ SERIES OF 1998 .. • • - .... BY AUTHORITY A BILL FOR ,. COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE AMERICAN COMMONWEALTH MANAGEMENT SERVICES, INC . (ACMS) AND THE CITY OF ENGLEWOOD. WHEREAS , ACMS is a supplier of Granular Activated Carbon (GAC) to the potable water industry ; and WHEREAS . the City has a need for GAC at the Enclewood Allen Water Treatment Plant because of raw water seasonal algae events in the water which lead to complaints of musty tastes and odors from Enclewood customers; and WHEREAS , granular activated carbon ia used to filter the raw water supply t.o absorb taste and odor compounds ; and WHEREAS , this process has been used sucoeasfully at a number of U.S . water treatment plants for effective taste and odor removal ; and WHEREAS , the granular activated carbon will be leased because carbon requires periodic regeneration and poeaibly correct dispoea.l according to Colorado law and the propoeed ACMS Lease Agreement would provide these services for the Allen Filter Plant; and WHEREAS, The ACMS GAC Lease Agreement will provide carbon for five filters and labor and equipment for the installation WHEREAS , the Enclewood Water and Sewer Board recommended approval of the Granular Activated Carbon Lease Agreement with American Commonwealth Management Services, Inc. at the October 13 , 1998 meetinc; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The Agreement between the American Commonwealth Management Services, Inc. and the City of Enclewood, Colorado, attached hereto as "Exhibit A," ia hereby accepted and approved by the Enclewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first readinc on the 19th day of October, 1998 . -1- .,,_ -','Ill'\;. . . .. •, I· , 'J • 0 x i - • • • ·, • .. Published as a Bill for an Ordinance on the 23rd day of October, 1998. Tbomaa J. BUl'DII, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enc)ewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and puaed OD fint reading OD the 19th day of October, 1998. Loucriahia A. Ellia ' . • I • . .. • • 0 -• ,. • ·, • '· GAC LEASE AGREEMENT This LEASE AGREEMENT is made and entered into this __ day of ___ _ 1998 by and between American Commonwealth Management Services. Inc ., a Delaware corporation, having its principal office in Marlton, New Jersey, (hereinafter "ACMS") and the City of Englewood, Colorado, (hereinafter "the City"). WITNESS ETH WHEREAS, ACMS is a supplier ofGran•Jlar Activated Carbon (hereinafter ("GAC") to the potable water industry; and WHEREAS. the City has a need for GAC at its Allen Water Treatment Plant (hereinafter the ''Water Plant"); and WHEREAS, the City desires to enter into this Agreement with ACMS to provide GAC to the City for use at the Water Plant; NOW , THEREFORE, for and in consideration of the mutual promises contained in this Agreement, the parties hereby agree as follows : I . ACMS will provide GAC meeting the specifications as shown in Exhibit I, which is attached to and made part of this Agreement, for five filters, each requiring 2,700 cubic feet of GAC beginning in the founh quaner of 1998 . 2. ACMS will provide supervision, labor and all equipment for the installation of the virgin GAC into the filters on a schedule agreed to by the parties. The City will I H I • ~ A •. .. ,; •· . ' • 0 - - • • • .. provide all necessary water, electricity, and suitable drainage to accomplish the installation of the virgin GAC into the filters . 3 . ACMS will test all GAC supplied under this Agreement every six (6) months. provided the City submits the samples for testing . The first test will occur six (6) months after the installation ofGAC into the five filters covered under this Agreement. Such tests shall include Iodine Number, Apparent Density. Ash. Screen Analysis, Effective Size and Uniformity Coefficient. The City may request additional tests and shall pay ACMS $500/test for all such testing . The payment to ACMS shall be due and payable thirty (30) days after the test results are reported to the City . 4 . The City acknowledges that ACMS has title to and is the owner of all GAC supplied by ACMS under this Agreement. The City may not remove the GAC from the filters or cause the GAC to be removed from the filters except for emergency maintenance . B. Consideration I . The Cit y shall pay ACMS for the services provided hereunder, a monthly rental fee of S::!.060/filter , beginning on the first day of the month following installation of the GAC into each filter and continuing for eleven (11) months thereafter. All such payments shall be due on the first day of each month . Any payment that is over thirt y (30) days past due shall be subject to a late payment fee of one and one half (I 5%) percent per month . Should the GAC's useful life at the Water Plant be greater than thirty (30) months, the City can continue to use the GAC with no additional payments being made to ACMS . However, should the useful life of the • •. • .. 0 •· • 0 - - • • II'-:- • C. . • ' <. GAC be less than thirty (30) months, the City may either continue to make monthly payments until all thirty (30) monthly payments have been made to ACMS or shall pay the one time payment as set forth in paragraph C. I . C. Term I. The Term of this Agreement shall begin on the installation ofGAC into the first filter and shall continue twelve (12) months thereafter. The City intends to extend this Agreement beyond the twelve (12) month period if monies are appropriated . In such event the Agreement will be automatically extended on a month-to-month basis until one party provides not less than thirty (30) days ' prior written notice to the other party of termination . Should the City terminate or fail to extend this Agreement, they shall pay ACMS a one time payment as set forth below : Payment to ACMS = $309 ,000 less the sum of all payments made to the date of termination . After such payment as shown above is made by the City, the title to the GAC shall remain with ACMS . However. the City may continue to use the GAC for as long as the City wishes without any further payment to ACMS . 2 . Notwithstanding Section C. l above, it is the intent of the parties to put in place a new agreement with similar terms and conditions between th ~arties covering the next GAC change out, provided the spent GAC from the filters shows that it can be reactivated and can be reused at the Water Plant. Under this new agreement . ACMS will supply a blend of "Custom Reactivated"Nirgin GAC to the City for use at the Water Plant . The monthly payments to ACMS by the City under this new agreement will be reduced to $1,850/filter . • I ~ • . • • • 0 1 32xl - • • • • D . Termination Upon termination of this Agreement, the City may request the removal of all GAC at any time thereafter ACMS will remove all GAC within thirty (30) days of such notice, transport the spent GAC to ACMS ' reactivation plant and reactivate all spent GAC, at its sole cost and expense, and shall provide the City with TCLP test results before and after reactivation in accordance with in all applicable regulations . E . Force Majeure Either party hereto shall be excused to the extent that its performance is prevented by any circumstance beyond its reasonable control. including, but not limited to. fire. explosion, strike . labor dispute. war. act of God. riot. or action of any governmental authority . F . Colorado Law to Govern This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to conflict of law principles. G . ~ All notices required under this Agreement shall be given by Certified Mail, Return Receipt Requested, and shall be deemed made when deposited in the US mail, properly addressed. with postage prepaid, as follows : American Commonwealth Management Services Company, Inc . I 0000 Sagemore Drive Suite 10101 Marlton. New Jersey 08053 City of Englewood Utilities Department 3400 South Elati Street Englewood, Colorado 80110 ' ' ... •· • 0 I - - • • • (. H. Miscellaneous I . This Agreement shall not be assigned by either party without the written consent of the other party, which consent shall not be unreasonably withheld . Any assignee shall assume all the obligations of this Agreement and the assignor shall not be relieved of its obligations under this Agreement by reason of such assignment . 2 . This Agreement constitutes the entire agreement between the panics in coMection with the supply ofGAC to be provided for use in the tilters designated herein . 3 . Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement nor a waiver of a subsequent breach of the same provision or condition. unless such waiver be so expressed in writing and signed by the party to be bound . 4 . If any provision contained herein is held to be unenforceable by a court of law or equity, this Agreement shall be construed as if such provision was not contained herein and the unenforceability of such provision shall not be held to render any other provision of this Agreement unenforceable . 5. ACMS hereby agrees to indemnify and save harmless the City against any and all liability, loss or damage which the City may incur. suffer or be required to pay by reason in connection with the acts of transportation. handling. treatment. storage. reactivation, disposal or other activity in connection with the GAC which is the 'I • .. • • 0 '32xl -• ,.. • • h. subject hereof, provided such liability, loss or damage is not caused by the negligence or intentional acts of the City . IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. CITY OF ENGLEWOOD By :---------- Thomas J. Burns Title Mayor Date----------- AMERICAN COMMONWEAL TH MANAGEMENT SERVICES COMPANY. By~~ Title ~~ T Date __ '\~-.... ~~S-~-_,'l..._.Tl&...-__ _ . , .. • . . . . .. • • 0 f .... ,.. ~ I • II • . ' .. -,. • . . . • • . ' . · ... (, EXHIBIT I GAC QUALITY CONTROL SPECIFICAITQNS 1. IODfNE NUMBER (Min .) 900 2 . MOISTURE. wt% (Max.) 2 3. ABRASION NUMBER (Min .) 75 4 . EFFECTIVE SIZE. mm 1.0 -1.2 5 . UNIFORMITY COEFFICIENT (Max .) 1.5 6 . SIEVE SIZE. US SIEVE SERIES, wt % LARGER THAN NO 8 (Max.) 5 SMALLER THAN NO 20 (Ma.x .) 4 7 . ASH, wt % (Max .) 9 8. WATER SOLUBLE ASH, wt% 05 9 . MAX. WATER EXTRACT ABLE PHOSPHATE wr-1. 1 5 10 . BULK DENSITY. lbs ./cu . ft. 28 11 BACKWASH EXPANSION MIN .@ 16 gpm/sq. ft . 70F 23•;. MIN .@ 18 gpm/sq . ft . 60F 38°!. • • 0 , 'l,, VI -• • ·, • <. WARRANTY ACMS warrants that the GAC furnished under this Agreement shall perform the function of effective turbidity removal. For the purposes of warranty, effective turbidity removal shall be defined as that degree of turbidity removal presently accomplished by the City in its normal filter treatment process. The tilters will, during the normal plant operation, receive settled water with a turbidity less than or equal to 2 .0 NTU and produce a filtered water quality less than 0 .1 NTU. Filter run volumes when terminated for headloss or turbidity breakthrough will be greater than 10,000 gallons/square foot oftilter surface area . The warranty is contingent on the following : A . Filters will be maintained in good operating condition by the City and will be operated in accordance with accepted industry practice . B . GAC bed depth will be maintained as close to the initial thirty-six (36) inch bed depth as possible during the warranty period, with the exception of an allowable attrition loss ofup to two inches of bed depth per filter per year. lf the losses should exceed two inches of bed depth in any filter during any one year of operation, the excess GAC loss will be immediately replaced with GAC meeting the specifications in EXHIBIT I of this Agreement. For any reason other than the sole negligence of ACMS , all labor, transportation and other eKpense involved in replacing the GAC will be paid by the City . C Normal treatment of the water prior to the GAC tilters will continue to be practiced This includes suitable coagulation and clarification of the raw water and stabilization of the clarified water before filtration . D Should the GAC fail to meet the warranty due to encrustation by inorganic precipitates such as calcium carbonate, or due to excessive biological growth, this shall not be a breach of the warranty In such case, the City shall bear the cost of cleaning the GAC to restore performance in accordance with procedures recommended by ACMS E Should the GAC fail to meet the warranty and ACMS has not taken steps to resolve the problem within thirty (30) days after notification by the City of the breach of warranty, then the City may replace the defective GAC and seek recovery of all costs including, but not limited to, materials, legal , engineering and administrative costs. The City must. when taking such action, return to ACMS any and all GAC removed . EXCEPT AS SET FORTH IN THIS EXHIBIT II, ACMS MAKES NO WARRANTY EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPORSE, WITH RESPECT TO THE GAC OR THE SERVICES TO BE PROVIDED UNDER THIS -. ' '! ·. . , • . .. •· • 0 , - • • . " • . ~ . (, AGREEMENT . ACMS SHALL HA VE NO LIABll.ITY FOR ANY INDIRECT , INCIDENT AL OR CONSEQUENTIAL DAMAGES ARISING OUT OF A BREACH OF nns WARRANTY . . ' •, ... • - • Date October 19, 1998 INITIATED BY • • • COUNCIL COMMUNICATION 10 a iii STAFF SOURCE Subject Ordinance Approving Dartmouth Agreement Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL . ACTION Council approved Resolution No. 50, Series of 1990 accepting the original Maintenance Agreement Dartmouth Avenue Grade Separation Structure. RECOMMENDED ACTION Staff seeks Council approval of a Bill for an Ordinance to enter into an agreement with the Regional Transportation District (RTD), the Burlington Northern and Santa Fe Railway Company (BNSF), and the Union Pacific Railroad Company (UP). The agreement provides for the use and maintenance of the Dartmouth Avenue grade separation as well as for the maintenance of all freight and light rail structures at Dartmc1Jth Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1990, Council adopted the Maintenance Agreement Dartmouth Avenue Grade Separation Structure for construction of a structure separating the grade at Dartmouth Avenue to allow the roadway to travel under the railroad tracks owned by the Atchison Topeka and Santa Fe Railway Company. RTD executed a Bargain and Sale Deed in 1993 to purchase all right-of-way owned by the Denver Rio Grande Western Railroad Company at Dartmouth Avenue ; however, Union Pacific Railroad Company retains an operating easement on the land purchased by RTD. Since the original contract of 1990, Burlington Northern and Santa Fe Railway Company (BNSF) has merged with Atchison Topeka and Santa Fe Railway Company, while Union Pacific Railroad Company (UP) has merged with Denver Rio Grande Western Railroad Company. The 1990 agreement was for a grade separation structure consisting of a 3 bay railroad bridge. The easternmost bay of the bridge carries BNSF track northbound, while the westernmost bay carries UP track southbound . The middle bay is vacant. Under the new Dllrlmouth Agreement. BNSF and RTD are the current owners of the rights-of-way through which Dartmouth Avenue passes, and UP holds an easement for construction and operation of freight rail facilities on the RTD right-of-way. RTD will be constructing a new two bay freight bridge to the west of the existing three bay railroad bridge to accommodate the southbound track and a third freight track . The existing northbound track and vacant middle bay will be converted to light rail use. The City's responsibilities, as previously agreed to in 1990, are being shifted from 100% of the existing structure (3 bays) to 100% of the new structure (2 bays) plus 1/3 of the .:ild structure. RTD is rasponaible for 2/3 of the old structure which encompuses the tracks they will actually UM to run light rail. •• • I ... •· • 0 {,,\, I I. t , - - • • ,. • • ,, FINANCIAL IMPACT The City's total financial responsibility under the 1990 contract is not changed by this contract. A slight benefit is that 213 of our responsibility is shifted to a newer structure. UST OF ATTACHMENTS BiH for an Ordinance Dartmouth Agreement . . ' .. • • 0 '":l,, VI - • ORDINANCE NO . SERIES OF 1998 • • • •. BY AUTHORITY A BILL FOR ,. , . COUNCIL BILL NO . 65 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DARTMOUTH AGREEMENT" PERTAINING TO THE DARTMOUTH A VENUE BRIDGE BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD), THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF), THE UNION PACIFIC RAILROAD COMPANY (UP) AND THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Englewood City Council authorized the pa888ge of Reaolution No . 50 , Series of 1990 which was the original Maintenance Agreement Dartmouth Avenue Grade Separation Structure for the construction of a grade separation structure by which Dartmouth Avenue would pass under the railroad tracks of Atchison Topeka and Santa Fe Railway Company ; and WHEREAS , Regional Transportation District purchased all right-of-way owned by the Denver Rio Grande Western Railroad Company at Dartmouth Avenue with the execution of a Bargain and Sale Deed on March 31 , 1993; and WHEREAS, the Union Pacific Railroad Company retains an operating easement on land purchased by Regional Transportation District; and WHEREAS , the Burlington Northern and Santa Fe Railway Company ia the successor-in-interest by merger to the Atchison Topeka and Santa Fe Railway Company; and WHEREAS , the Union Pacific Railroad Company ia the aucceuor-in-intereat by merger to Denver Rio Grande Western Railroad Company ; and WHEREAS , the grade aeparation structure constructed under the orilin.al agreement of 1990 conaiata of a three bay railroad bridce with the euternmoat bay of the bridge carrying BNSF track (the Northbound Main), the weaternmoat bay carryinc Union Pacific Railroad Company track (the Southbound Main) and the middle bay being vacant; and WHEREAS , the Burlington Northern and Santa Fe Railway Company and Regional Transportation Diatrict are the current ownera of the ri&hta-of-way throush which Dartmouth Avenue pasaes ; and WHEREAS . the Union Pacific Railroad Company holda an euement for construction and operation of freight rail facilities on the Regional Tranaportation Diatrict right-of-way; and WHEREAS , Regional Transportation Diatrict will be conatructiq a new two bay freight bridge to the weat of the exiating three bay railroad bridp which will accommodate the southbound main and a third frei1ht track; and -1- 'I •. .. • •· • 0 , - - • • • WHEREAS , Regional Transportation District will convert the emting northbound main and vacant middle bay to light rail uae; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5@s;tjpn 1. The Intersovemmental Agreement entitled "Dartmouth Acreement• between the Regional Transportation Diatrict (RTD), the Burlincton Northern and Santa Fe Railway Company (BNSF), the Union Pacific Railroad Company (UP) and the City of Eqlewood, Colorado, pertaininc to the Dartmouth Avenue Bridp and comtrw:tion of a new two bay freicht briclp to the weet o~ the emting three bay railroad briclp, attached hereto ae "Emibit A." ia hereby accepted and approved by the Eqlewood City Cowicil. 5@s;tjpn 2. The Mayor is authorized to execute and the City Clerk to atteet and aeal the Intersovemmental Agreement for and OD behalf of the City of Englewood, Colorado. Introduced, read in full, and paeaed on fint reading on the 19th day of October, 1998. Published as a Bill for an Ordinance on the 23rd day of October, 1998. Thomas J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Low:riahia A. Ellis, City Clerk of the City of EncJe,rood. Colorado, hereby certify that the above and foreaoinc ia a true copy of a Bill for an ~. introduced, read in full, and paaaed on fint reading OD the 19th day of Oct.ober, 1998 . Low:riahia A. Ellia -2- •. ; .. • ' ' . . , • 0 - • • 0 , . ·, • 9\23\98 DARTMOlITH AGREE.'AENT This Agreement made this_ day of____, 1998 among the Regional Transportation District (RTD), a political subdivision of the State of Colorado, the City ofEnglewood (the City), a municipal corporation of the State of Colorado, The Burlington Northern and Santa Fe Railway Company (BNSF), a Delaware corporation. and Union Pacific Railroad Company (UP), a Delaware corporation. provides for the use and maintenance of the Dartmouth Avenue grade separation and for the maintenance of all freight and light rail structures which cross the subway. RECITALS 1. The State of Colorado , The Denver and Rio Grande Western Railroad Company (DRGVl), The Atchison Topeka and Santa Fe Railway Company (ATSF) and the City entered into an agreement on July 2, 1990 (Maintenance Agreement Dartmouth Avenue Grade Separation Structure, hereafter, the Original Agreement) for the construction of a grade separation structure by which Dartmouth Avenue would pass under the railroad tracks of ATSF at approximately Milepost 729 .94 (Dartmouth Avenue ) and under DRGW tracks at approximately Milepost 6 .98 . 2. RTD purchased all right-of-way owned by the DRGW at Dartmouth Avenue by Bargain and Sale Deed dated March 31 , 1993 . UP retains and operating easement on land purchased by RTD. 3. BNSF is the successor-in-interest by merger to .\TSF . CP is the successor-in-interest by merger to DRGW . 4 . The grade separation structure constructed under the Original Agreement consists of a three bay railroad bridge, the easternmost bay of the bridge carrying BNSF track (the Northbound Main), the westernmost bay carrying UP track (the Southbound Main) and the middle bay being vacant. BNSF and RTD are the current owners of the rights-of-way through which Dartmouth .-\venue passes. UP holds an easement for construction and operation of freight rail facilities on the RTD right-of-way . RTD will be constructing a new two bay freight bridge to the west of the existing three bay railroad bridge which will accommodate the Southbound Main and a third freight1raelc. RTD will convert the existing Northbound Main and vacant middle bay to light rail use. Northbound freight rail operations will relocate to the C.'<isting Southbound Main. Attached hereto as Exhibit A is a diagr:im of all bridges and Dartmouth Avenue following construction. • X .. I • I T A •· • ' -• ~ • I• • 5. (A) The parties hereto have previously entered into agreements which affect the use and operation of Dartmouth Avenue, and the construction and maintenance of freight and light rail structures. Those agreements, listed below, are incorporated herein by reference: (1) The Railroad Relocation and Maintenance Agreement between the Burlington Northern and Santa Fe Railway Company and the Regional Transportation District dated October 15, 1997 (the BNSF Construction Agreement). (2) The Railroad Relocation Construction Agreement between Union Pacific Railroad Company and the Regional Transportation District dated October 17, 1997 (the UP Construction Agreement). (3) Bargain and Sale Deed between DRGW and RTD dated March 31, 1993 conveying all right-of-way fonnerly owned by DRGW at Dartmouth. (4) The Original Agreement between DRGW, ATSF, and the City dated July 2, 1990. (5) Contract No . 150296 dated August 4, 1976 between the ATSF and the City granting a license to the City for Dartmouth Avenue to cross ATSF 's traclcs at grade . (B) Among RTD, BNSF, and UP, in the event of any conflict between the foregoing Agreements and this Agreement, the order of preference will be the Bargain and Sale Deed, then the BNSF and UP Construction Agreements, then this Agreement. (C) Among the City, RTD, BNSF, and UP. in the event of any conflict between the foregoing Agreements and this Agreement, the order of preference will be the Original Agreement, then this Agreement, then the ATSF or DRGW license agreements as applicable .. 6. The Parties hereto wish to provide for the construction and relocation of the freight and light rail bridges across Dartmouth Avenue, and for ongoing maintenance . NOW THEREFORE, it is mutually agreed by and between the Parties hereto as follows: ARTICLE I. GRANT OF RIGHTS I. BNSF, without consideration other than the perfonnance of this Agreement, hereby reaffirms all rights granted and reserved pursuant to Contract 150296, as modified by the Original Agreement 2. RTD reaffinns all rights granted and reserved by DRGW to the City's to use, occupy and maintain Dartmouth Avenue pursuant to the Original Agreement between the City and DRGW . 3. UP reaffirms all right and obligati ans granted and reserved in the Oripw Apement 2 ..... . ' . • . . ' ... •· • 0 I I - • • • • • • ARTICLEll. CONSTRUCTION 1. RTD, pursuant to the BNSF and UP Construction Agreements will construct a new two track freight rail bridge on right-of-way owned by RTD and BNSF which will support the new Southbound Main and the new middle track. RTD will relocate the BNSF to the existing Southbound Main, which will become the new Northbound Main. All demolition, design, preparation of plans and specifications, and construction of railroad tacilities will be in conformance with the BNSF and UP Construction Agreements. RTD will locate its light rail tracks on the existing Northbound Main bridge. RTD will provide copies of all plans and specifications for the new freight bridges to the City for review and comment. 2. After completion of construction of the light and freight rail bridges and relocation of freight trackage, RTD will provide a complete set of as-built plans to each of the parties to this Agreement. 3. It is expressly understood that the City's right to install utilities, or to authorize any other person or entity to install utilities is restricted to the placement of underground utilities beneath the roadway surface from back of sidewalk to back of sidewalk. L"nder no circwnstances will utilities be allowed behind the abutments, near pietS or piles, or allowed to hang from the structures . All utility crossings over freight rail bridges ~ithin the limits of the licensed area will be covered by separate agreements between BNSF, UP, and the City depending upon the desired location of the utility and the user of the affected structure. The City will not be permitted to place or authorize placement of utilities on the RTD light rail structure. ARTICLE ill. MAINTENA.'lCE 1. BNSF will, at its own cost, subject to current Joint Facilities Agreement(s), maintain the track structure on that portion of the shared freight and light rail bridge containing the new Northbound freight rail track and the track structure on th:it ;,ortion Jfthe new freight rail bridge containing the middle track, including waterproofing, raiis. ties, ballast, walkways, hand rails, communication and signal facilities belonging to it and associated ':lith the middle track and Northbound freight track . 2. l JP will, at its own cost, subject to current Joint Fxilities A~ent(s), maintain the track structure on that portion of the new bridge containing the new Southbound freight rail track including waterproofing, rails, ties, ballast, walkways, hand rails, communication and signal facilities belonging to it and associated with the Southbound &eight ttaek. 3. RTD will, at its own cost, maintain that portion of the shared freight and light rail bridge containing the LRT tracks, including but not limited to wa1erproofing. rails, ties. ballast walkways, hand rails, communications and signal facilities, abutments, piers, and girders belonging to it and associated with the LRT tracks . 3 .... • I • . .. •· • 0 - • • • .. • . ' • 4 . Toe City will share 1/6 the cost, the Railroads, subject to current Joint Facilities Agreements, will share 1/6 the cost, and RTD will share 2/3 the cost of maintaining the existing shared Northbound freight and light rail bridge including all abubnents, piers, and girders, and any and all elements of the subsaucture and superstructUre not assumed by BNSF in Paragraph ID(l). 5. Toe City will share 1h, and the Railroads., subject to the current Joint Facilities Agreements, will share 1h the cost of maintaining the new Southbound fmght bridge and the middle track including all abutments, piers, and girders, and any and all elements of the subsaucture and superstructure not assumed by UP and BNSF in Paragraph m (1) & (2). 6 . The City will continue to maintain at its own cost and expense all of the Dartmouth Avenue land and waterway areas including sauctures, grading and improvements located thereon, lying beneath the bridge structures. The City will install and maintain vertical clearance signs if required by the Manual of Uniform Traffic Control devices standards, which accurately reflect the current lowest minimum vertical clearance, and will perform all required graffiti removal . Under this provision, the City's responsibilities include, but are not limited to, maintenance of the Dartmouth Avenue roadway surface, roadbed, curb, gutter, sidewalk, retaining wall on the nonh side of the roadway, and roadway drainage. Toe City's maintenance responsibilities hereunder also extend to all slope paving and cobblestone paving beneath this saucture and to Little Dry Creek's channel and stream bed, its stream banks and drainage slopes, and to any existing or required bank and slope stabilization and/or control saucture, and grading. The discharge of the City's responsibilities shall be carried out in accordance with and meet the City's and any other applicable agencies' procedures, standards and criteria. 7 . Access to railroad facilities for maintenance shall be governed by consauction and maintenance agreements or other existing and applicable agreements including, but not limited to, Joint Facilities Agreements between the parties. 8 . The City shall have access to the RTD and BNSF owned rights-of-way for purposes of maintenance of all City maintained facilities. If at any time the City or its contractors require access to any portion of the right of way other than the subway beneath the bridges, the City shall obtain any necessary right-of-entry permits from RTD and shall ensure that all railroad, RTD, FRA and PUC safety requirements are met, at the City's cost and expense. Before commencing any work with City forces on railroad property or easement areas , the City shall provide 48 hours prior notice (excluding weekends and holidays), u provided in Article rv, Section 6, below. Access by City contractors to railroad or RTD right-of-way shall be governed by the required Contractor's Right-of-Entry Agreement provided for in Article rv, Section 1, below. RTD, BNSF and UP shall have access to the subway for pwposes of maintenance 4 'I • ' .. ; •· • 0 , • • • • 0 • whenever required. RTD, BNSF and UP shall ensure that all City traffic control and safety requirements are met, at the maintaining party's cost and expense. 9. The City shall ensure that use of the subway causes no damage to any freight or light rail bridge crossing the subway, and covenants as an express condition of the right to use the subway that, in the event of any damage to any freight or light rail bridge by any vehicle or user of the subway, it will immediately repair or replace the damaged sttucture so as to restore the structure to its condition immediately prior to the damage, and take any reasonable and necessary temporary emergency measures as may be required to maintain freight and light rail traffic. 10. RTD shall be responsible for any damage to any freight or light rail bridge crossing the subway which is damaged by light rail operations and shall repair or replace such freight or light rail bridge at RTD expense, and shall take such reasonable emergency measures as may be necessary to maintain continued freight and light rail traffic , and vehicular traffic on Dartmouth Avenue. 11 . BNSF or UP shall be responsible for any damage to :my freight or light rail bridge crossing the subway which is damaged by their respective freight rail .:,perations and shall repair or replace such freight or light rail bridge at its own expense. and shall take such reasonable emergency measures as may be necessary to maintain continued freight and light rail traffic, and vehicular traffic on Dartmouth Avenue. 12. Nothing contained in this Agreement shall preclude any party hereto from pursuing any action to recover costs for damage to any structure or to the subway from any third persons not a party to this Agreement. 13 . The parties will conduct periodic inspections of all bridge and roadway structures forming or crossing the Dartmouth Subway to determine the need for my maintenance, repair or replacement of any portion of the structures or the subway. ~o inspec:ion by any other party will relieve the responsible party of the obligation to fulfill its maintenanc: obligations under this Agreement. In the event that any party feels that maintenance responsibilities of any other party are not being met, all parties shall be put on written notice by the complaining party of the maintenance requested. If the parties cannot reach agreement as to the maintenance required, a consultant who is a professional structural engineer licensed in the State of Colorado shall be hired, all parties to share equally in the cost. The consultant shall determine maintenance required and such determination shall be binding on the parties, unless the party objecting to such determination shall produce within 30 days of receipt of the consultant's repon another report signed by a Colorado licensed professional structural engineer, which report states that there would be a danger to the structural integrity of a structure or portion of the subway, or to the health and safety of the public or any employees or agents of the parties hereto, by following the recommendation of the consultant retained by all parties . In that event the party producing the second opinion may seek review pursuant to the Arbitration section of this Agreement. s -• ' ' ., I· • , • 0 I - • • • 0 I• • ARTICLE IV. GENERAL CONDmONS 1. Contractor's Right of Enny: The City shall include in any agreement between it and every contractor for the construction, ownership, maintenance or operation of the Dartmouth Subway, language providing that such contractor shall enter into Railroads' and RTD's standard form of Contractor's Right of Entry Agreement. In the event that the City obtains Railroad Protective Insurance, the City shall name every contractor as an additional insured on any insurance policy and amendments thereto. 2. Arbitration: If a question or controversy shall arise between the parties hereto in connection with the meaning or operation of this Agreement, such question or controversy shall be submitted to and settled by arbitration. If the parties to the dispute are able to agree upon a single competent and disinterested arbitrator within twenty (20) days after written notice by one party of its desire for arbitration to the other party, then the question or controversy shall be submitted to and settled by that single arbitrator. Otherwise, any party (the notifying party) may notify the other party (the noticed party) in writing of its request for arbitration and appointing one arbitrator. Within twenty (20) days after receipt of said notice, the noticed party shall appoint an arbitrator and notify the notifying party in writing of such appointment. Should the noticed party fail within twenty (20) days after receipt of such notice to name its arbitrator, said arbitrator may be appointed by the Chief Judge (or acting Chief Judge) of the United States District Court for Colorado upon application by either party after ten (10) days written notice to the other party. The two arbitrators so chosen shall select one additional arbitrator to complete the board. If the arbitrators so chosen fail to agree upon an additional arbitrator, the same shall, upon application of a party, be appointed by said judge in the manner heretofore stated. Upon selection of the arbitrator(s), said arbitrator(s) shall, with reasonable diligence, determine the questions as disclosed in said notice of arbitration, shall give both parties reasonable notice of the time and place (of which the arbitrator(s) shall be the judge) of hearing evidence and argument, may take such evidence as the arbitrator(s) deem reasonable or as either party may submit with witnesses required to be sworn, and hear arguments of counsel or others. If the arbitrate s) declines or fails to act, the party (or parties in the case of a single arbitrator) by whom tl .; arbitrator was chosen or said judge shall appoint another to act in the arbitrator's place. After considering all evidence, testimony and arguments, said single arbitrator or the majority of said board of arbitrators shall promptly state such decision or award and the reasoning for such decision or award in writing which shall be final, binding, and conclusive on all parties to the arbitration when delivered to them. The award rendered by the arbitrator(s) may be entered as a judgment in any court having jurisdiction thereof and enforced as between the parties without further evidentiary proceeding, the same as entered by the court at the conclusion of a judicial proceeding in which no appeal was taken. Until the arbitrator(s) shall issue the first decision or award upon any question submitted for arbitration, performance under this Agreement shall 6 -• -- ' ~ • . .. •· , - • • • • .. • continue in the manner and form existing prior to the rise of such question. Alter delivery of said mst decision or award, each party shall forthwith comply with said 6nt decision or award immediarely after receiving it. Each party to the arbitration shall pay all c:ompenMCioa, costs, 111d apemes of the arbitrator appointed in its behalf and all fees and apemes of its own wi1Deuea. exhibits, and coumel The compcnutioo. cost. and expenses of the siqle arbill'IIOr or the addi1ional arbitrator in tbe board of arlritraton sball be paid in equal shares by all pll'lia to the arbi1nlion. The parties may obtain discovery and offer evidence in accordance with the Federal Rules of Civil Procedure Rules 26 -37, and Federal Rules of Evidence. as each may be arnencled from time to time . Interest, compounded annually, at a rate equal to the Prime Rile plus two (2) percentage points, sball be applied to any and all arbitrator's awards requiring the payment of money and shall be calculated from thirty (30) days following the date of the applicable arbitration decision. The term "Prime Rate " shall mean the minimum commercial lending rate charged by banks to their most credit-worthy customers for short-term loans, as published daily in the Wall Street Journal . 3. This constitutes the entire agreement of the parties with respect to Dartmouth Avenue. and may be amended only by written agreement of the parties 4 . This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 5. This Agreement is solely for the benefit of the parties hereto and does not confer any rights upon any other persons or entities and does not create any third-party beneficiaries. 6. All notices or communications under this Agreement shall be addressed to: Regional Transportation District Director, Planning and Development 1600 Bake Street Denver, Colorado 80202 The Burlington Northern and Santa Fe Railway Company Manager of Public Projects 201 North 7th Street Lincoln, Nebrub 68501 Union Pacific Railroad COlllpllly Director, Industry 111d Public Projects 1416 Dodp Street Room 1010 Omaha, NE 68179 7 -· . . • . . . 0 • • 0 , -• • • <. City of Englewood Director of Public Works 3400 South E1ari Street Englewood. co 80110 " or to any other address as may be dcsipaled in writing to die odler parties. ,, ~ 7. If any provision of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, it is the intent of the parties that such provision, and all other provisions in this Agreement be enforceable to the maximum extent permitted by law. 8. This Agreement may be signed in multiple counterparts which shall be valid and binding on the parties. IN WITNESS WHEREOF, authorized representatives of the parties hereto have executed this Dartmouth Avenue Agi:eement as of this __ day of _ _, 1998. REGIONAL TRANSPORTATION DISTRICT By: _______________ _ Title:---------------- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: _______________ _ Title: _______________ _ UNION PACIFIC RAILROAD COMPANY By:------"----------- Title: _______________ _ a . ' ' • . .. • 0 f 32 x l • -• • (. - CITY OF ENGLEWOOD By:, _________________ _ Thomas J. Burns Tide: __ .1"4111.lYU9.t.r~--------------- 9 ~-. . .. . .. . ' • . • • 0 f 32xl • ~~ 0 ... , • NEW FREIGHT BRIDGE I Ii:' ~, a,, .;I I ~ .. Zl EXISTING FREIGHT BRIDGE IWITMOUTt1 AVENUE BRIDGE SECTION AT DARTMOUTH AVENUE (l.OOKI«. NORTH) EXHIBIT A , . ,- ~ I ... r ' ,• I . #j. fll.; . ~ I • ~ ... • • -. ' - Date October 19, 1998 INITIATED BY Library Department RECOMMENDED ACTION • • • <. COUNCIL COMMUNICATION Agenda Item 10 a iv STAFF SOURCE Hank Long Subject Approval of "Seeing the Possibilities" LSTA Grant The Library Department recommends City Council approval of an Ordinance for acceptance of an LST A (Library Services & Technology Act) grant award from the Colorado State Library and Department of Education to expand its services to blind and visually impaired members of the community. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Earlier this year, the Library submitted an LSTA grant proposal to the Colorado State Library. This proposal, entitled "Seeing the Possibilities: Expanding Library Services to the Blind and Visually Impaired." has been approved by the Colorado State Library, based on subsequent approval by City Council. The Englewood Public Library has approximately $95,000 invested in materials (e.g. Large Print books, books-on-tape, DVS videotapes) and specialized equipment (purchased with previous grant funds and/or private donations) to help blind and visually impaired patrons meet their reading needs. In cooperation with the Colorado Center for the Blind, the Library proposes to employ a CCB student on a part-time, contractual basis to assist other CCB students and members of the blind community in the south metro area in learning how to make better use of these and other, more traditional library services, as well as to translate copies of all standard EPL public handouts and instructions into several Braille and Large Print notebooks for use by blind and visually-impaired Library patrons. The grant period runs from October 1, 1998 through August 31, 1999. Upon completion of this grant, there is no financial obligation on behalf of the Library, the City, or the Colorado Center for the Blind to continue the project. FINANCIAL IMPACT The grant award 1s in the amount of $11,140. The Library estimates an additional "local funds' expenditure of S 1 ,760 to cover cost of Braille paper supplies over the course of the grant. UST OF ATTACHMENTS Ordinance with Grant and Grant Award . ' .. •· • 0 I I - • • • • • «~ . • ' . ' APPLICATION FOR 1998 -1999 LSTA "LOCAL NEEDS" FUNDING ... ... A. PROJECT NUMBER ___ _ B. PROJECT TITLE------------ Seeing the Possibilities : Expanding Library Services to the Blind and Visuany lmoajred C. APPLYING AGENCY ____ E-...ng.,l.,.ew""ood.,.........._Py.,b~lic ...... L,..ib"'ra,..ry ... -------------- 0 . MAILING ADDRESS ___ ......,.34~00.._..S..,oy,..th..._..E .. la.,.tj...,S..,tree.,..,.,t.._ •• Enwg .. le..,w:uo.,.od~. C..,0.....,,.8,.0.,_11..,,0,...._ ____ _ E. TELEPHONE 303-762-2572 FAX 303-762-2576 E-MAIL hlong@englewood.lib .co.ys F. CONGRESSIONAL DISTRICT/$ _ __.S..,ixth.,........,C..,o ... n_.gre ..... ss..,i""on"'a.,_1_..D"'is.,,trjctu," .._ _________ _ G. PROJECT DIRECTOR __ ..._H ... a""'n,.,_k_.L.,.on'""g-.,,L.,.jb.,_ra..,ry.._.p,.,.ir.,.e.,.ct.,.o.._r _____________ _ Englewood Public Library. 3400 South Elatj St., Englewood, co ao110 H. CLC PARTICIPANT Yes .L No_ I. LSTA FUNDING REQUEST: __,,s..,.1 ..... 1,u.1""40.._ ___ _ Local Cash ll.7§0... In-Kind $5.™-TOTAL $18,444 J. BRIEF SUMMARY OF THE PROJECT The Englewood Public Library has approximately $95,000 invested in materials ($65,000) and specialized equipment ($29 ,925) to help blind and visually impaired patrons meet their reading needs . EPL , in cooperation with the Colorado Center for the Blind, proposes to employ a CCB student on a part-time, contractual basis to assist other CCB students and members of the blind community in the south metro area in learning how to make better use of these and other , more traditional library services, as well as to translate copies of all standard EPL public handouts and instructions into several Braille and Large Print notebooks for use by blind and visually-impaired Library patrons . Gary Sears, City Manager K. NAME OF AUTHORIZED OFRCIAL {please print) L. SIGNATURE OF AUTHORIZED OFFICIAL M. DATE • 1 . "' - ' , ' ' • . . . .. • • 0 I - • • 0 • '· N. PROJECT NARRATIVE 1. Need for Project As everyone in this profession knows , libraries are wonderful and inviting places filled with all kinds of interesting and beneficial information for people from every walk of life. However, if for some reason (e.g . physical limitation, age, or illiteracy) many of these same people are unable to access or to effectively use our vast array of printed materials , we have in effect failed to meet their needs. Of the possible physical restrictions to library use, blindness and vision problems rank among the highest. • According to the National Federation of the Blind, an estimated 750,000 people in this country are blind, and each year another 50,000 become blind. • The Colorado Center for the Blind serves an estimated 20,000 people who are blind and/or visually impaired in the metro Denver area. The City of Englewood has a population of approximately 30,000 people, of which, approximately 18.5% are over the age of 60, an age group of whom statistically speaking, a significant portion experience problems with their vision. According to the Denver Regional Council of Governments publication, A Demographic Profile of Older Persons in the Denver Metropolitan Area: • Nearly one quarter of a million older adults (60+) live in the eight-county Denver region. This means that the older population constitutes about one out of eight (12%) people in the area ... (and) one of six resides in Arapahoe County. • According to DRCOG's 2010 county population forecasts by age: by the year 2010, the eight county Denver metropolitan area will have a total population of 2,650,000. By 2010, 16.2% of this population will be 60+. • By 2010 , the first full age group of "baby boomers" (those born between 1945 and 1949) will be age 60-64. These figures are supported by other statistics, e.g. the U.S. Bureau of the Census, which found: • Of citizens 65-74 years of age , 47 out of 1,000 have vision problems . • Of citizens 75-84 years of age, 99 out of 1,000 have vision problems. • Of citizens 85+ years of age , 250 out of 1,000 (i.e. 1 in 4 individuals) have vision problems . The Englewood Public Library has a collection of over 100,000 books, and we subscribe to approximately 300 periodicals . Likewise, we have a variety of computerized resources (e .g. Internet access, word processing, specialized reference and research databases) available free to the public . A few years ago we realized that, while we are doing a fine job in providing service to the "sighted" community, we were doing very little to serve those with vision problems . Since reaching that conclusion, our library has added the following products to help our blind or visually impaired users : • We currently have over $65,000 invested in materials to serve those patrons who are either blind or visually impaired 800 Books-on-Tape (average $20 each) almost 2,000 Large Print books (average $25 each) a small collection (15 titles) of DVS "descriptive video service" movies (average $20 each) • In 1992 we purchased a CCTV "magnification" system ($2,995) that employs a color video camera and monitor to assist people with low vision in ~ our books, newspapers, maps, etc . . 2- • .... • I .. •· • 0 '32 x l - • • • • • (, • In 1993, we added an OPAC terminal ($6,930) with Braille keycaps, screen enlargement software, and a voice synthesizer to help these same people locate materials within our online bibliographic database. • In 1997, a resident of Littleton gave us $20,000 to purchase a special system of hardware (Pentium 75 computer with speakers and soundcard, 20" color monitor, flatbed scanner, Braille display, Braille printer, inkjet printer, regular keyboard with Braille keycaps, small keypad, and cassette recorder) and software (OpenBook, JAWS for Windows, ZoomText, and VisAbility) which work together to enable a patron to "read" just about any printed publication in the Library, as well as take home a copy of same in one of the following formats: audiotape, computer disk, paper printout, or Braille printout. This system was nicknamed "Sophie" in honor of the woman who made the donation. Despite having all of these marvelous materials, it has been difficult for the Library to effectively market these services in order to attract a large segment of users. That is where the Colorado Center for the Blind comes in . The CCB has two locations along South Broadway within three miles of the Englewood Public Library, and both serve as training sites for an ongoing average of 30 students in their general skills program and for employment preparation in the customer service field. Despite the availability of specialized computers and other communications systems at CCB, many of their trainees either do not have easy access to this rather expensive equipment or else have never become regular library users simply because libraries have traditionally been unable to meet their unique needs . Where possible, this grant proposal seeks to remedy that situation . 2. General Description of Project The Englewood Public Library would employ one of the current CCB students on a half-time (20 hours per week) basis for a period of 11 months . This individual would have the following roles and responsibilities: • provide regularly-scheduled one-on-one and small group instruction to members of the public (both blind and sighted) on the use of the Library's specialized equipment listed above • maintain upgrades to the specialized hardware and software, and provide basic training in same to permanent Library staff so that they are better equipped to help this segment of our users on a full- time basis (in addition to the existing software programs. the Library will add MicroSoft Word 97 to the Sophie computer in order to provide word processing capability to these patrons) • translate printed copies of ail standard Library brochures, bibliographies , instructions, etc . into Braille and or Large Print in order for blind patrons to make better use of our services • market ALL of the services of the Library (e.g. programs for children, book discussion groups, interlibrary loan, reference, etc.) to the local blind and visually impaired community (e .g. current and future CCB students and alumni, Colorado Federation of the Blind, American Council for the Blind, etc.) in order to help them become regular Library users • market these same services to the sighted community through presentations to civic and school groups in order to acquaint more people with their availability For their part, the Colorado Center for the Blind will assist in the hiring selection and provide one-on-one supervisory training and ongoing follow-up and evaluation to the student(s) selected for this position. At the conclusion of the 11 month project, the Library and CCB will evaluate the effectiveness of the project (e .g. number of people served, satisfaction of people served) and determine its future (e .g. funding, changes to structure, etc .). -3- •• ....... ' . ' -" t1'-i1 • . ' ' ' . •· •. . , • 0 '32xl - - • • • • ~. . . 3. Goals a . To employ student(s) from the Colorado Center for the Blind to provide ongoing training to public and to staff in the use of specialized equipment to serve the blind and those with vision impainnents b. To promote the availability and use of this equipment and other Library services to people in the blind and vision-impaired community who reside in the south metro Denver area c. To provide copies of all Library publications in Braille and/or Large Print format d . To increase use of Library services by members of the blind and vision-impaired community 4. Objectives (with measures to show when reached\ a. Within the first month of project (November 1, 1998 -December 1, 1998): a minimum of 10 people will have signed up and attended training sessions in use of specialized equipment all of the attendees will be surveyed and 75% will indicate that the training and the availability of specialized services meet their needs and expectations 10% of the Library's flyers, bibliographies, bookmarks, instructions, etc. will be converted to Braille and/or Large Print format b. Three months after the start of the project (by February 1, 1999): a minimum of 36 (average 12 per month) people will have signed up and attended training sessions in use of specialized equipment all of the attendees will be surveyed and 80% will indicate that the training and the availability of specialized services meet their needs and expectations 25% of the Library's flyers, bibliographies, bookmarks, instructions, etc. will be converted to Braille and/or Large Print format c . Six months after the start of the project (by May 1, 1999): a minimum of 90 (average 15 per month) people will have signed up and attended training sessions in use of specialized equipment all of the attendees will be surveyed and 85% will indicate that the training and the availability of specialized services meet their needs and expectations 50% of the Library's flyers. bibliographies, bookmarks, instructions, etc . will be converted to Braille and/or Large Print format d . Ten months after the start of the project (by August 31 , 1999): a minimum of 200 people (average 20 per month) will have signed up and attended training sessions in use of specialized equipment all of the attendees will be surveyed and 90% will indicate that the training and the availability of specialized services meet their needs and expectations 100% of the Library's flyers, bibliographies, bookmarks, instructions, etc. will be converted to Braille and/or Large Print format . 4. , .. • . ' • • 0 , - • ORDINANCE NO. _ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO A LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT FROM THE COLORADO STATE LIBRARY AND DEPARTMENT OF EDUCATION . WHEREAS, the Englewood Public Library submitted a LSTA grant proposal to the Colorado State Library and Department of Education to be used to expand the Englewood Library services to blind and visually impaired members of the community; and WHEREAS , the Englewood Public Library has approximately $95,000 invested in materials (e.g . large print books , books-on-tape, DVS video tapeR) and specialized equipment purchased with previous grant funds and/or private donations to help blind and visually impaired patrons meet their reading needs ; and WHEREAS , in cooperation with the Colorado Center for the Blind (CCB), the Library proposes to employ a CCB student on a part-time contractual basis to aaaiat other CCB students and members of the blind community in the south metro area in learning how to make better use of these and other, more traditional library services, as well as to translate copies of all standard Englewood Public Library public handouts and instructions into several braille and large print notebooks for uae by blind and visually-impaired Library patrons; and WHEREAS , the Englewood Public Library bas been awarded a LSTA Grant in the amount of $11 ,140 which will run from October 1, 1998 through Auguat 31 , 1998 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon 1. The Intergovernmental Agreement pertaining to a Library Services and Technology Act Grant between the Englewood Public Library and the Colorado State Library and Department of Education, attached as "Exhibit A", is 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 Grant Award for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and pa1111ed on first reading on the 19th day of October, 1998 . -1- .... • •· • , -• -- • • ' Published as a Bill for an Ordinance on the 23rd day of October, 1998. Thomas J . Burns, Mayor ATI'EST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foreping is a true copy of a Bill for an Ordinance, introduced, read in full, and paned on first reading on the 19'1' day of October, 1998. Loucriahia A. Ellis -2- ' . . ' .. • . .. ., . . . • • 0 -• • • i. GRANTAWAAD Pro)ect Number: 98·52 Agency: Englewood Publlc Library Pro)ect Tltle: SHlng the PoHlbllltlH The Colorado State Department of Education has approved granting of funds to this project in the amount of S 11,140.00 The grant recipient will accomplish the goals and objectives and perform the activities detailed in the grant application and complete them by August 31 1999 The grant recipient has read and agrees and will comply with all assurances attached and signature below so attests. The project will begin Qctgber 1 1998 and end August 31. 1999 , REPORTS Narrative and Financial Reports will be sent to the State Library on the following schedule: 1. February 1, 1999 2. May 3, 1999 FINAL Narrative and Flnanclal reports wlll be Hnt to the Stat• Library sixty (60) days from th• pro)ecta ending date. PAYMENTS The Project will receive its entire allotment at the beginning of the Project. If reports are not submitted on time the State Library has the authority to ask that funds be returned to the State immediately. BUDGET Category Personnel Contract Services telephone Supplies Printing Postage Travel Computer Equipment Telecommunlcatlona Installation Other Totals I agree: LSTA $11,140 $11,140 Local S1 ,760 $1,760 Total S11,140 so so S1 ,760 so $0 so so so so $12,900 1. That all federal funds received under this Contract shall be expended solely for the purpose for which granted. and that any such funds not so expended. including funds lost or diverted to other purposes will be returned to the State. 2. To maintain adequate records of local cuh matching expendtur• u well u adequate records of federal funds received and expended for reporting ID lh• State. W• wlU maintain all records pertaining to this Contract for a minimum of lhree years and be IUbjecled ID an audit by federal auditors or their deaignHa u requeatad. If any llnda of miluM of funds by a federal • X H • • I T A .. . ' • . • • 0 - ,c ,,,. • • " • .,. . <. • auditor or other auditor is discovered, I will return these funds ID the Stata. 3. To make to the State written narrative and financial reports that describe the activities completed in reaching the objectives u set forth in lhe project application. Prablema encountered as well as successful activities should be reported. The final report shd, u objectively as possible, review and evaluate the project u a whole against lhe objectivN and Include a statement of whether or not subgrantH plans to continue project activities u part of Its regular program. 4. To submit one(1) copy of promotional matarials, newpaper publicity and articles with the narrative reports. 5. That the State may terminate this Contract on thirty (30) days notice if it is deemed by the State that the project is not fulfilling the program u specified in the pro;ect application or lor Olher sufficient reasons. Any unexpended funds may be required ID be 19tumed to the State • well • any funds not properly expended according to project objectives. 8. The project modifications under this Contract must be requestad in writing and be approved in writing by the State before modifications, include budget line changes can be mede. 7. That au equipment acquired under this award wiU be used for the purpo19s specified in the approved project application, and such equipment will be subject to the administrative control of the State. Following prqect termination, IUCh stipulation will 19main in effect during the useful life of the equipment. Uee and disposal of such eq~nt must conlonn ID filderal and state gyidelines regulating lhe expendilurN of th ... funds and must confonn to the inlent of the Contract and accompanying proiect application. 8. To make, to the State, a liecal audit of the LSTA funds received under the Contract no later than ninety (90) days from proiect cloN-out. 9. To the extent authorized by law, to indemnify, save and hold harmless, the ...-11s employHS and agents against any and al claima, damages, liability and court awards incluclng coats, expenses and atlOm8y INs incurr9d • a result of any act or omission by the Sub- Gtantee, or Its employees, agents, subc:0111ractars, or auignHs pursuant to the terms of this grant. 1 o. In the event of the existence of con llicting terms betwHn this contract and the Project Application, the terms of this Contract supersede, govern and control. Thomas J. Burns Mayor, City of Englewood Title Date Data .. . • . . • ... . • • 0 , - • • . . • - '· 10 bi ORDINANCE NO._ t SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO WASTEWATER UTILITY. WHEREAS, the Englewood Municipal Code Title 12, Chapter 2, has previously been amended by City Council paBBage of Ordinance No . 58, 1991, Ordinance No. 4, 1994, Ordinance No . 64 , 1995 and Ordinance No . 14 , 1997; and WHEREAS, the U.S. Environmental Protection Agency completes an audit of the Industrial Pretreatment program annually, the passage of this Ordinance will amend the Wastewater Utility Ordinance to meet certain EPA requirements in accordance with the audit's findings ; and WHEREAS, the paBBage of this Ordinance will give the City Manager the authority to grant variances for grease interceptors and gives the Water and Sewer Board the authority to override the City Manager's decision to grant a variance for a grease interceptor; and WHEREAS, the paBBage of this Ordinance will amend the Wastewater Utility Ordinance making the language more consistent with the Englewood Municipal Code ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby amends Title 12 . Chapter 2. of the Englewood Municipal Code 1985 which shall read as follow s : SECTION: 12 -2--1 : General Provisions 12-2--2: General Regulations 12-2--3: Fees And Charges CHAPTER2 WASTEWATER UTILITY 12·2··4: Private Sewers, Connections And Repaire 12 -2--5 : Industrial Wastewater Diacbarse Permita 12·2··6: Enforcement And Penaltiea 12-2--7: Llmitationa On Dillcharp 12-2--8: Sewer Tap Fee, 12-2--9: Conatruction Of Sewen; Enenaion Of Maine ; Coeta; Inapection 12 -2-10: Miscellaneous .... ' I • . I· • 0 , - • • • • • • 12-2-1 : GENERAL PROVISIONS: A. Short Title: This Chapter shall be known as the WASTEWATER UTIUTY ORDINANCE. B . Strict Liability: The Englewood City Council recognizing the threats upon the frail ecology and expresaing great concern for its protection, declares that merely doing any act prohibited by this Chapter and orders of the ~ CITY, issued under the provisions ofthia Chapter or failing to perform any act required by this Chapter or said orden of the 9il'eeteP CITY violates this Chapter. The violator's intention is not a defense to any violation ofthia Chapter or said order of the 9il'eeteP CITY, but intention may be considered as a matter in aggravation or mitigation. C . Purpoae : It is neceaaary for the health, aafety and welfare of the residents of the City to regulate the collection of wastewater and treatment thereof to provide for maximum public benefit. This Chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City and enables it to comply with all applicable State and Federal laws. The objectives are: 1 . To prevent the introduction of pollutants into the POTW which will interfere with the operation of the system or contaminate the reeulting eludge; 2 . To prevent the introduction of pollutants into the POTW which will p888 through the 1y1tem, inadequately treated, into receiving waten or the atmoephere or otherwise be incompatible with the 1y1tem; 3 . To improve the opportunity to recycle and reclaim waatewaten and 1ludge1 from the system; 4. To provide for equitable distribution among uaen of the coat of the POTW ; and 5. To provide for and promote the general health, safety and welfare of the citi :r.ens res iding within the City and downstream uaen . The provisions herein provide for the regulation of direct and indirect contributors to the POTW throuch the iaauance of permits and throuch enforcement of general requirements for all uaera, authori:r.e monitoring and enforcement activitiea, require user reporting, and provide for the aettins of fees for the equitable distribution of coats resultins from the prosram eatabliahed herein, and for enforcement. The proviaiona herein 1hall apply to the POTW and to persona outside the POTW who are, by contract or qreement with the POTW, uaen of the POTW. 2 . , ·- • •• • 0 , xi -• -- • .. I • . . D . Definitions/Abbreviations: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated: ACT OR " THE ACT': ADMINISTRATOR: ANALYSES: (LABORATORY ANALYSES) APPROVAL AUTHORITY: AUTHORITY: (CONTROL AUTHORITY) AUTHORIZED REPRESENTATIVE OF SIGNinCANT INDUSTRIAL USERS: The Federal Water Pollution Control Act, -P-:lr. 98-6e& also known as the Clean Water Act, as amended~, 33. U.S .C . 1251, ET. SEQ .. The Regional Administrator of Region VIII of the U .S . EPA. SHALL BE PERFORMED IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE EPA PURSUANT TO 40 C .F.R., PART 136, AS AMENDED . The Adminiatrator or, upon delegation of State Pretreatment Authority of Colorado, the Director of the Water Quality Control Division, Colorado Department of Health. The City of Englewood, Colorado. An authorued representative of att SIGNIFICANT induatrial user may be: 1. If the induatrial user is a corporation: a. A reaponaible officer of the corporation, apecific:ally the preaident, eecretary, treasurer, or vice preaident of the corporation in charp of a principal buaineu activity, or any other penon who perfi>nna aimilar policy or deciaion·makinc functiona for the corporation, or b . The manapr of one or more manufacturin&, production or operation facilitiea employinc more than two hundred fifty (250) penona or havinc poaa national aaln or expenditurn eiu:eed.ms twenty-6ve million dollan ($25,000,000.00), if authority to lien documenta bu been uaicned or clelepted to the manapr in accordance with corporate procedune. 2. If the induatrial IINr ii a partnership or proprietonbip: a paaral partner if the permitt.ee ii a panaanbip, or by the proprietor if the parmittea ii a Iola proprietonbip. 3 -~-----' . ' •, ' .. ,, . .. • • 0 f ..,. ... ~ I - • '· • .. • • 3. A duly authorized representative of the individual deaicnated above, if the authorization ia made in writing. Written authorization muat: a . Specify an individual or poeition having overall responsibility for the facility &om which discharge originates. BEST MANAGEMENT PRACTICE: Any reasonable practice or procedure deemed neceuary by the City, to prevent, abate, or remedy the c:onaequencea of the introduction of unlawful pollutanta or concentrationa of pollutants into the POTW by an induatrial or commercial uaer to the estent technically and economically practical. BEST PROFESSIONAL JUDGMENT: BIOCHEMICAL OXYGEN DEMAND (BOD): BUSINESS CLASSIFICATION: CODE(BCC): CATEGORICAL USER: CHEMICAL OXYGEN DEMAND (COD): CHLORINE DEMAND : CITY : The highest quality technical opinion developed after conaideration of all reasonably available and pertinent data or information. The quantity of mypn utilir.ed in the biochemical oxidation of orpnic matter under standard laboratory procedure in five (&) days at twenty degrees Celsius (20"C), espreaaed in milligrams per liter. A cla11i6cation of diacharpra hued on the CUffllnt venion of Stanclarda Industrial Cla88ification Manual, Bureau of the Budpt of the United Stat.ea of America. Those uaera 1ubjec:t to EPA promulpted catqorical pretreatment ,tandarda . The meuure of the osypm equivalent ol that portion of orpnic matter in a -pie that ia ,uaceptible to oxidation by a 1troD1 chemical oxidant under laboratory prooedure1 . The amount of chlorine required to produce a free chlorine reaidual ofO .l mall after a contact time of fifteen (15) minute, u meuured by the DPD (N, N, Diethyl-P- PhenyleneDiamine) Method on a -pie at a temperature of twenty dqraN c:ent;iarade (20"C) in conformance with St d • MetMle. 40 C.F.R., PART 136, AS AMENDED. The City of Enpwood, Colorado. 4 ' , • . .. • • 0 - • • --. . . • • CLEAN WATER ACT OR AS AMENDED 33 U.S .C . 1251 ET SEQ. FEDERAL WATER POLLUTION CONTROL ACT: CODE : The Code of the City of Englewood, commonly known as the Englewood Municipal Code of 1985, as amended. G91\fPlA'IBbG(G9NVK•lliiHl1 P9bb~TANT: COMPOSITE SAMPLE : G9.18I8Tin1T PQT\'l TA&ltTMil•IT lltQRKS RBM9VM:., P9Ll:a~~J'I' RilM9'J.\L QR REH9'J.\L: G9~AMUllA'l9N: COOLING WATER : Bie ehem · J 11-,1e11 llemllllll , ehelllieal 11-,1e11 llemllllll, ,-,ellllecl 1111icle , PQQ , ammallie, pH 8M feeel ealif m lsaeaeria , pl• any aclclitiaaal p11H.._.. lclellli&ecl ill the PE>'P'hta }JPDBS pe1111tit. A representative flow-proportioned IUlple collected within a twenty-four (24) hour period constituting a minimum of four (4) individual samples collected at equally 1paoed two (2) hour intervala and combined acconlinc to ftow . Time-proportional 1U1plinc is allowed ifftow- proportional samplinc is not fea1ible including where ftow metering is not feaaible . Retllleiioa iB lhe amallll• af a peH11te11t er al'6ratiea el the •-e el• pelNNB• ill lhe mfl••• efthe ~lea le• tMlie er hum.le• ltMe ill the ,._11,. Gemi9'ea• ~ teme,ial eaeie-, 1h11l lie the ••er• elthe leu,uft, pereea• {681K) el the N&aualeme••N. All impairmem el the • ._., el the •••re el ti. 8'8'6 II, wa9'e te • '8pee whieh er11M11 • b cl te .. ea,ira-eMal ..... palie health.* •• 1i11-.••••the 1preacl el••••.• •uerillecl ill 81111••4 Methecla. The water discharpd from any UN 1uch aa air conditionin&, coolinc or refripration, or to which the only pollutant added is heat. 5 .·• . .. .. . ' •. ' • • 0 r ~" I - <. SQmR'¥ 11&\U!H 98P!&FllilNT, H&\U!H QFFIS8R. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: DEPARTMENT OF UTILITIES: D8P/.dl'-l'Mi1HT 8F W.\SlFBWhHR 'Rl&.llFMKtl'I': DIRECT DISCHARGE : DIRECTOR 8F 'l:J'l'lblTl88. DIRECTOR'S ORDER: DISCHARGE RATE: DISCHARGER: DISSOLVED SOLIDS: • • • Any reference in this Chapter to the "Department of Health" or the "Health Department" OR THE CDPH & E shall mean the 'Fri Se--, 9i9wia STATE Health Department. Any reference in this Chapter to the "health officer" shall mean the Health Officer of the 'Pri ea--, 9i9wia Health Department, or hia designated representative FOR THE STATE. The Department which is responsible for the operation and maintenance of the waatewat.er collection ayatem. 1'he Mp.,...e11• • hieh ia rea,eaeilsle •• the a,eratiea a •llime-ee e( ,he ••••• akr INallll:eM ., elem. Thediachargeoftreatedoruntreat.ed waat.ewat.er directly to the wat.ers of the Stat.e of Colorado. The Director of Utilities ~ for Engle11•ood or his/her authorized repreaentative or deaignee, respectively. Any order to a uaer by the Director. That volume of emuent from the ,1ea, A USER OR DISCHARGER which haa been det.ermined by the Direetel CITY to be representative of the proceea emuent from that plant. Such emuent will be hued upon metered wat.er uaap unleu, in the opinion of the 9iNetel-CITY, aipificant amounts of wat.er are diverted and not diacharpd into the waatewat.er treatment ayat.em . Any penon who diacharpa or cauaea the diacharae of waatewatar to the POTW . That concentration of matter in the wutewat.er conaiatiq of colloidal particulat.e matter one micron in diameter or leu, and both orsanic and inorsanic molecules and iona present in aolution. DOMESTIC (SANITARY) WASTES : Liquid wutea: 1) from the noncommercial preparation, c:ookinc and handlins of food, or 2) containiq human excrement and aimilar matter from the 18Ditary convenieDCN of dwellinp, commercial buildinp, induatrial facilities, and inatitutiona. 6 ' , .. . .. • . • I . ' • 0 -• • • ,, ENVIRONMENTAL PROTECTION AGENCY (EPA): EXISTING \:J88R. SOURCE: FATS, OIL OR GREASE (FOG): FECAL COLIFORM: FLOW: GARBAGE : GARBAGE, PROPERLY GROUND OR SHERDDED: GRAB SAMPLE: HOLDING TANK SEWAGE: INCOMPATIBLE (NONCONVENTIONAL) POLLUTANT: .. The U.S . Environmental Protection Agency , or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency. An industrial user which ia in operation at the time of promulgation of Federal Categorical Pretreatment Standards and any induatrial user not included in the definition of "new source" aa contained in 40 CFR 403. Any hydroc:arboaa, fatty acida, eoap,, fats, wu:ea, oile, and any other material that ia extracted II, free1119hem. IN ACCORDANCE WITH EPA APPROVED METHODOLOGY. Any number of organism, common to the intestinal tract of humane and animals whose presence in unitary aewage ii an indicator of pollution. Volume of wastewater. Solid wastes from the domestic and commercial preparation, cooking and diapensing of food, and from the commercial handling, storage and sale of produce . The waates from the preparation, cookina and diapen.linc of fooda that have been ground to such a depee that all particles will be carried freely under the flow conditions normally prevailiq in public aewera, with no particlee sreater than one-half inch ('/1") in any dimeaaion. A sample which ia taken from a waate stream on a one-time baail with no reprd to the flow in the wute 1tream and without coaaideration of time. Any wutewater from holdinc tanb 1uch a, veuels, chemical toilets, campera, trailera, aeptic tanks, aealed vaults, and vacuum- pump trucka. Any nontreatable wute product, includinc nonbiodesraclable diNolved 10lida. 7 . ' • . .. • • 0 , '1'1 I -• \' • ,. ~ ·., • INDIRECT DISCHARGE : INDMDUAL (PRIVATE) SYSTEM: WASTEWATER DISPOSAL SYSTEM : INDUSTRIAL: INDUSTRIAL SURCHARGE: INDUSTRIAL USER: INDUSTRIAL WASTES : INTERFERENCE : JACKSON TURBIDITY UNITS (JTU): r 'FM iii.uh u1e er The introdw:tion of 11111N11meltie pollutants frem .., •- replalell 1111:iler llleMa ae;~ er Eel ehhe !.et, (33 t:JBG 131'1!, iMll lhe PQ!IVJ' (illel111ilmg heliliq ....... ili11h.•111ll iMe tlhe .,..._). INTO THE POTW FROM ANY NON-DOMESTIC SOURCE REGULATED UNDER SECTION (b) (c) OR (d) OF THE ACT . A aeptic tank, ceNpool or aimilar aelf· contained~ or facility which collecta and/or treats or otbenriae diapmee of wutewater and which ia not connected to the POTW . Of or pertainins to induatry, manufacturing, co-erce, trade or buaineu, u diatiquiahed from domeat.ic or reeidential. That charge IIUHMd apinat induatrial cuatomen baaed upon the amount that the atren,th of their diacharpd wutewater esceeda normal domeatic atren,th in the parameten of BOD , COD, or TSS. Any uaer that diacharpe wutewater from induatrial proce-not to include unitary wutea. The liquid OR SOUD wutea from the induatrial manufacturinc p~. trade, or buaineu u diatinct from unitary waatewater. The inhibition or dianaption of the POTW treatment proceue• or operatiom which contributea to a violation of any requirements of the POTW'a NPDES permit. The term includea prevention of aludp uae or diapoeal by the POTW in accordance with aection 406 of the Act, or any criteria, pidelime or resulationa developed pureuant to the SWDA, the Clean Air Act, the Tosic SubetancN Control Act, RCRA, or more atrinpnt State criteria applicable to the mnbod of ctiapoaal or uae employed by the POTW. The meuure of the optical propeni,N of a ample which ca-lipt to be acattarecl and abeorbed rather than tnllllmiued ill ICraipt linea. 8 ' . ' . ' ~. • ' ' • .. • • 0 - • • • • • ' .. MAXIMUM DAILY AVERAGE : METRO DISTRICT: NATIONAL SMlBG9RIGM» PRETREATMENT STANDARD Ga GNFBQ9Rl&\L SlFMma\119 OR PRETREATMENT STANDARD:~ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): NATIONAL POLLUTANT DISCHARGE EUMINATION SYSTEM (NPDES) PERMIT: NATIONAL PROHIBITIVE DISCHARGE STANDARDS OR PROHmITIVE DISCHARGE STANDARD: NATIONAL CATEGORICAL STANDARDS OR NATIONAL CATEGORICAL STANDARD : NATURAL OUTLET : NEW SOURCE: .. ... The average of all aamplea collected during a twenty-four (24) hour period . The Metro W utewater Reclamation District, a political subdivision of the State of Colorado. Any regulation oontaininc pollutant diacharge limits promulgated by the EPA in accordance with aection 307(b) and (c) of the Act which applies t.o a epec:ific cateaoey of induatrial uaers. THIS TERM INCLUDES PROHIBITIVE DISCHARGE 1JMITS ESTABLISHED PURSUANT TO 40 CFR SECTION 403.5 . The program for iaauinc, oonditioniq and denyinc permits for the diacbarp of pollutants &om point aourcee int.o the navigable waters of the oooa,uoua mne and the oceans pursuant t.o aection 402 af the Act . A permit iaaued under the National Pollutant Diacharge Elimination Syetem for Diacharse of Wutewaters t.o the Navipble Waters of the United Stat.ea purauant t.o the Act. Any regulation developed under the authority of 307(b) of the Act and 40 CFR. aection 403.5 . ANY REGULATION DEVELOPED UNDER THE AUTHORITY OF 307(b) OF THE ACT AND 40 CFR SECTION 403.6 . Any outlet int.o a waten:ourae , pond, ditch, lake or other body al 1urface or pvund water. Conatruction by an induatrial uaer ia claaaified u a new aource if: 1. The oonatruction ii carried out at a aite at which no other aource ia located; 2. Conatruction totally repa-the procna or production equipment that ca-the diacbarp of pollutants at an elliatiq aource; er 3. The production er wutewater pnerat.inc p~ ol the cionatruded facility are 9 . f". \ . , • - ' • 0 -• • • substantially independent of an existing source at the same site. NORMAL DOMESTIC STRENGTH Wastewater, when analyRd II,-8._._,11 WASTEWATER: Mfthelie, IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE EPA PURSUANT TO 40 CFR PART 136, AS AMENDED, contains no more than three hundred (300) mc/1 ofTSS, five hundred (500) mg/1 of COD, and/or two hundred (200) mg/1 of BOD . ONE YEAR: PASS THROUGH : PERSON: PH : PLATINUM COBALT SCALE : POLLUTANT: One year shall mean three hundred sixty-five (365) days. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, aleac ALONE or in conjunction with a clischarge or discharges from other sources, is a cawie of a violation of any requirement of the POTW's NPDES permit (including an increase in the mapitude or duration of a violation). Any individual, partnership, copartnerahip, firm, company, corporation, auociation, joint ,tock company, truet, eetate, aovemmental entity or any other lepl entity, or their lepl repre•ntative1, apntl or uaisne-The muculine pnder shall include the feminine; the lingular ,hall include the plural The inteneity of the acid or bue condition of a IOlution, calculated by takinc the loprithm of the reciprocal of the hydropn ion concentration expreaed in moles per liter of solution. The 1tandard by which 1amples ,hall be compared . A 1tandard unit of color ia produced by one millicram per liter of platinum in the form of chloroplatinate ion in eolution. Dredpd apoil, dirt, el.urry, eolid wute, incinerator reaidue, NWap, eewap el.udp, prbap, traeh, chemical wute, biolop:al nutrient, biolop:al material, radioactive material, beat, wrecked or cliKarded equipment, roclt, und, or any induetrial, Municipal. or qricultural wute. 10 . , .. • . \ .. • • 0 I '1,, I - • • ' POLLUTION: PRETREATMENT OR TllEATMENT: PRETllEATIIENT REQUlllEIIENTS: • • • ... PUBLICLY-OWNED TllEATIIENT WORKS (POTW): r The man-made or man-induced alteration of the chemical, physical, biological, and radioloeical intep'ity of water. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater le a le• --NI Mate prior to or in lieu of diac:harsinl or otherwise introducin& such pollutanta into a POTW. The reduction or alteration can be obtained by physical, chemical or biolocical proceues, or process changes by other means, except u prohibited by 40 CFR eec:tion 403.6(d). Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard impoeed on an industrial user. Ml appliealsle Pe4eNI ,we1 allll rerwallie• iapleae..._. •etiea ae; af the he*, • weH •• aa, 111111-lllllie'lml S1a1e er heal rt d lh. ht !8111 ef II lietiac f$ f Mar ,a ... tlie111, the mere alliaaeal lheroef b 11 he applied. 'Phe .......... ., .......... .., the 6-, er elle Me..., 9illl9. 'Rm de..._ illelllll!lea-, •••• .. , wauese •--•••r le elle ~ tre .... Mplaat1, ewpl p1isale 1ewer1. Per elle ,_,_, eltllil 6-ipler, PQIFW ,hall alaa --..,. iNI ...... . •• ,., ............. PQfF\\t ·-..... ... a•ide elle PQIFW Isa d iel whe .,. 1s, eeMIINI • •••••M with the~ aet..U, Wrl elelle PQIFW . THAT PORTION OF THE WASTEWATER TREATMENT SYSTEM OWNED WHOLLY OR JOINTLY BY THE CITY . THIS DEFINITION INCLUDES ANY SEWER THAT CONVEYS WASTEWATER TO THE POTW TREATMENT PLANTS, EXCEPT PRIVATE SEWERS. FOR THE PURPOSES OF THIS CHAPTER. POTW SHALL ALSO INCLUDE ANY SEWERS THAT CONVEY WASTEWATER TO THE POTW FROM PERSONS OUTSIDE THE POTW BOUNDARIES WHO ARE BY CONTRACT OR AGREEMENT WITH THE POTW ACTUALLY USERS OF THE POTW . THE POTW IS LOCATED AT 2900 SOUTH PLATl'E RIVER DRIVE, ENGLEWOOD , II ' ' . ' • . ' • • 0 I - -~ (' RADIOLOGICAL CONTROL: RECEMNG WATER: RECEMNG WATER QUALITY REQUIREMENTS: SANITARY SEWER.: SER.VICE LINE (PB.IVATE SEWER.): SHALL, WILL, MAY: • • • COLORADO , AND IS JOINTLY OWNED BY THE CITY AND THE CITY OF LITTLETON. Diapoul by releaae into aanitary aewer eyetems in accordance with Rulea and Regulationa publiahed by Colorado Department of Health and the State of Colorado. Lakes, rivers, streama or other watercourses which receive treated or untreated waetewater. Requirements for the wutewater treatment plant effluent eatabliabed by applicable State or Federal regulatory qenc:ieB for the protection of .-ivins water quality . Such requirement.a aball include effluent limitations, and wute diacharce atandard.a, requirements, limitationa, or prohibitiona which may be eetabliahed or adopted &om time to time by State or Federal law• or regulatory agencies. A aewer which carriea aewqe and to which atorm, aurfaoe, and sround watera are not intentionally admitted, includins the pipe or conduit ayatem and appurte-. for the collec:tion, tramportation, pumpiJII and treatment of_.,._ Thia cle&nition aball alao include the terma "public -er", "aewer ayatem", "aewer", and "collection line". The wutewater collector line eirt.endinl &om the wutewater diapoeal facilitiea of the premiaea up to and includinc the connection to the MIiitary aewer. "Shall" and "will" are mandatory; "may" ia permiaaive. S16HlFICMoR' IH9t::J8TRIM. USSR. tm, ealepl'ieel -• er inll•llial -• ehhe Gity11w .... waNrWe••eMeyaN1awhaee pnnu lew ~ -•• .,.., &,, • rr d El5,888l 1lllha1 per-,, (elllll di , .... ..., , MRIIRtllt U J" ..... lilHW..M- WMteaaterj •ltl •••••• •·• paaat (l"l • the Mil, a.er ... _,w .... rlrts•••• ........ ..., .............. , ..... ~. ••i11• 111,,...._p,.111111iue llQ9, G99...,.. "81 • ........... ill lllia S.,te,, cij hM t111ie aalllrilll ill ita ..... ••-ill tallie -·--••'-•ill ......... --· I h, ...... IM(al., .. 12 ----------' . ' • . .. • • 0 1 ........ , I - - • • • • • · .... • . . SIGNIFICANT INDUSTRIAi. USER: !a, are) ill lleiermmeli 1,, tfte 9ire"'8r, • Mewe Biewiet., •he Calerella BepMWlellt fff Health ar Ille U .S . KaoilalllllellMI Prateetian 1\geae, ie ha,e aipifier • illlpaet, either ..., ar ill eemlsille4iaa with Miter ealllrilneing illdllMl'iea , ea tee lfeatmeM 1' M'M ellflh the• the .-li4I, fft. efl111ellti , Ill' alwlcea, fram '1te: irea•em warB ft, iatee fr-the re1111iremeM1 II!• lenil in • l'1P9B6 permit iee11etl M '-Cit,, ar '-Meire BieMiR, Ill' a.eh.,. iMe.fie.eaee 11ilih • tree-eat p1aee• er tiaeilitliee wa.W reMII,. A) ALL INDUSTRIAL USERS SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS UNDER 40 C.F .R. 403.6 AND 40 C.F.R. CHAPTER I , SUBCHAPTER N; AND 8) ANY OTHER INDUSTRIAL USER THAT 1) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR MORE OF PROCESS WASTEWATER TO THE PO'IW (EXCLUDING SANITARY . NON-CONTACT COOLING AND BOILER SLOWDOWN WASTEWATER . 2) CONTRIBUTES A PROCESS WASTESTREAM WHICH MAKES UP TO 5 PERCENT (5%) OR MORE OF THE AVERAGE DRY WEATHER HYDRAUUC OR ORGANIC CAPACITY OF THE POTW TREATMENT PLANT . 3) IS SUBJECT TO A SURCHARGE FOR EXCESSIVE BOD , COD AND/OR TSS . 4) HAS TOXIC MATERIAL IN ITS WASTE STREAM IN TOXIC AMOUNTS AS DEFINED IN STANDARDS ISSUED UNDER SECTION 307 (a) OF THE ACT . 5) IS DESIGNATED AS SUCH BY THE CONTROL AUTHORITY AS DEFINED IN 40 C.F .R. 403 .12(a) ON THE BASIS THAT THE INDUSTRIAL USER HAS A REASONABLE POTENTIAL FOR ADVERSELY AFFECTING THE POTW'S OPERATION, OR 6) FOR VIOLATING ANY PRETREATMENT STANDARD OR REQUIREMENT (IN ACCORDANCE WITH 40 C.F .R. 403 .8(f)(6). h perNil whit rear · in 111l1sapliall11 wilih 1111tiliti1m eflihil Ghapler fin, l,e ('5) -,, aAer mtff tiell ef1.a.11a I -,J' I aall 1111ieh ia pan efa , .... iilt ef 1l1111apli1ae1 acer a w1lw (I~ aealih periacl ar whieh iillualoN a fail-II_....., rap .. -n•plin 11 ,arwhiehr1111ha•inthe PQll!\\' hauiilll II ••rliaa itl aaer11-, 13 . . .. • . .; • . , • 0 - • ·. ~- SLUDGE: SLUG OR SLUGLOAD: STANDARD INDUSTRIAL CLASSIFICATION (SIC): • r . . • • a111ha1i., '8 halt er pre, eM * N•-, 11 ihlehmre elpeU ......... The accumulated aolids separated &om liquids, such as water or wastewater, during proceaing, or deposits on bottoms of streams or other bodies of water, or the precipitate reaulting &om chemical treatment, coagulation, or sedimentation of water or wastewater. A discharge of any pollutant at a flow rate and/or pollutant concentration that could violate any of the prohibited diacbarp standards, whether or not such violation actually OCCUl'8. A claaaification pursuant t.o the Standard Industrial Claaaification Manual issued by the Executive Office of the Preaident, Office of Management and Budget, u amended. PHee••• •uerme• iB the .... emtien el •so d • Methe• a the 8 Oi8III el Water aeil W.-:•atepl • plllili1be• b,. the .\merieas Plllilie llealtll .\111 eiati• llllll the Weter Pellllli.en Gs•el Pekaliea. Ble-nta el w.-:water aOlellltil b IP lie •••••• .,,. "80 d • Methe••· r.mlu1 ...... e-,r--, ...... STANDARD SPECIFICATIONS: The current apecificationa used by the City of Eqlewood in the c:onatruction of public sewers. STATE: STATE WATERS: STOllM SEWER : STORM WATER : State of Colorado. Any and all surface and aubaurfaoe waters which are contained in or flow in or throush this State, except waters in aeware aystems , waters in treatment works or diapoaal ayatema, waters in potable water distribution ayatema, and all waters withdrawn for uae until uae and treatment have been completed. A aewer that carriea only at.arm, surface and pound water clrainqe. Any flow occurrinl dUl'UII or lollawins any form of natural precipitation and reaultinc therw&om . 14 ' I •. .·· . I • 0 , "l'l V I - S\JIIDP.11&18N . 8UPll81Nl!&N9BN'I'. SUSPENDED SOLIDS OR TOTAL SUSPENDED SOLIDS (TSS): SYSTEM DEVELOPMENT CHARGE: TOTAL METALS: TOTAL SOLIDS: TOXIC POLLUTANTS: UPSET (SPILL): UNPOLLUTED WATER: • "' r . • to • Atty perNB whe plate lltftd illlpra, ea lllMleuelepe• leBll fer lihe Plll'IIW i,f mlllllllrial; eellltllttteial, er teeidcatial w . • tm,. _,euelepe• leml whieh hM Ileen platiM• aacl ia iap.o:e• fer lihe , .. ,_ lffilMlliltrial; eo ... c,eial, er re•i•elltial w . 'Phe ,e,_ d 1 · pr •• a,, lihe Git, • a11pePtile the •Nliell el the PQ!MW 11M wile • !Ml'fN wi*, ee.lllRia .... _. •11p1•••ilitiee 11, lhie 6ha.p'8•, a• hie•-, ..... ,.,. :cp:eeeMl.lise. The t.otal ouapended matter, ellpl'MNd in m.ilJicramo per liter, that tloato on the ourface of, or io ouapended in, water, wutewater, or other liquida, and which io removable by laboratory filtering in accordance with procedures eet forth in '8t nn d 1 • Mellse •". 40 C .F .R., PART 136, AS AMENDED . That charge asaeued apimt new users of the wastewater treatment cyst.em to finance capital improvement of the wastewater treatment cyst.em . The cum of the CODllentratiom of copper (Cu), nicbl (Ni), total chromium (Cr) and sine (Zn). The ,um of suspended and diuolved solids. Any pollutant or combination of pollutanto lilted in Schedule A u toxic or in regulations promulpted by the Adminiotrator of the Environmental Protection Apncy under the provieiono ofCWA 307(a) or other Acta. An e:rceptional incident in which a cliacbaraer unintentionally and temporarily io in a otate of noncompliance with Ilse rt d M HIS OR HER PERMIT •t forth in Section 12-2-7 herein due to facton beyond the reuonable control of the cliacbaraer, and excludiq noncompliance to the extent cauaed by operational error, improperly cleeipecl treatment facilitioo, inadequate treatment facilitioo, lac:lr. ofprewntiw maintenance, or carelou or improper operation thereof. Water of quality equal to or better than the State or Federal oftl .. nt criteria in e&c:t, or water that would not caUN violation of receiviq water quality otaadarde and would 15 ' . ' ' , ' .. • . .. • • 0 , I - • (. USER: USER CLASSIFICATION: VISCOSITY: WASTEWATER (SEWAGE): WASTEWATER CONTRIBUTION PERMIT: WASTEWATER PRETREATMENT FACILITY: WASTEWATER STRENGTH: • • - not be benefited by diacharp to the •nitary sewers and wastewater treatment facilities provided. Any person who contributes, cauaea or permits the contribution of wastewater into the POTW. A claaaification of users bued on the 1972 (or subsequent) edition of the Standard Industrial Cluaification (SIC) Manual prepared by the Federal Office of Management and Budget. The property of a Ouid that resists internal Oow by releasing counteractinc forces . The combination of the liquid and water-carried wastes &om residences , commercial buildings, industrial plants and institutions including polluted coo1inc water. 1. SANITARY WASTEWATER : The combination of liquid and water-carried wutes discharged &om toilets and other sanitary plumbinc facilities . 2. INDUSTRIAL WASTEWATER : A combination of liquid and water-carried waste, discharged &om any industrial eetablishment and reaultinc &om any trade prooeaa carried on in that establishment including the wastewater &om pretreatment facilities and polluted cooling water. 3 . COMBINED WASTEWATER: Wastewater includinc aanitary and industrial wastewater, storm water, infiltration and inflow carried to the POTW . The document or documents issued to a user by the City in accordance with the terms of this Chapter. Any arrancement of devices or 1tructure1 used for treatins wastewater before it is diacharaed into the POTW . The quality of wastewater di8c:barpd as mea1und by ita elementa, includins itl conatituenta and characteriaacl. 16 . , • . ... •· • 0 , - • • • • . . WASTEWATER TREATMENT SYSTEM, WASTEWATER UTILITY, OR WASTEWATER SYSTEM: WATERCOURSE: WINTER QUARTER WATER USE : a) Any devices, facilities, structure,, equipment or worb owned or uaed by the City for the purpoee of the trllDllmiBBion , Btorqe, treatment, recycling, and reclamation of induatrial and domestic waetes from within or without the City, or neceaaary to recycle or reUN water at the moet economical coet over the e&timated life of the system, includinc intercepti.nc aewers, outfall aewere, collection linea, pumping, power, and other equipment, and their appurtenances, and ucludinc aervice lines; b) exteneiona, improvementa, addition&, alteration& or any remodeling thereof; c) elementa euential to provide a reliable recycled supply such ae standby treatment unite and clear well facilities; and d) any worb, includinc the land and lites that may be acquired, that will be an intecral part of the treatment proceaa or ii uaed for ultimate diapoaal of residues reaulting from such treatment. Any channel in which a flow of water occurs, either continuously or intermittently. The average monthly amount of water delivered through the meter of the UNr during the following periods: Water Uaqe Periods for Computi.nc Sewer Rates Ineide City Mid Mid Bill Date Group III Nov . Feb. Mar. l Group I Dec . Mar. Apr. 1 Group II Jan. Apr. May 1 Outeide City· Denver Water Mid Mid Bill Date Quad IV Jan. Mar . Sept. 1 Quad III Dec Feb. Mar. 1, June 1 Sept. 1. Dec . 1 Outaide City· Willow Water Mid Mid Bill Date Dec . Feb. June 1 17 . ' • . • • 0 - • • • • ·, • '· TePlll8 118' alherwiee flcfmed. here.ill ahell haoe Ille meam1119 a«lap~d in ,he la1ea• e8•a11 af "S ..... rel MelhaM far Ille £......,a ef \\Tater Mid WHlewaNpl' p9Mhetl hJ lhe 1\aerielm Pltlslie Health 1\a111eietlie11, ._ .\mefteaa Water Warlle Aa1eetelie118M lhe Water Pallatioa Soatrol Feelerati.aa . Abbreviationa: The following abbreviations shall have the desipated meanings: I-&. 1 . ff. I . +. a. ,. i+. 5 . 1-. •• ... 7 . +. 8 . ft. &,- ~- &. &. I-&. H . 1-4 . -l-ll. N . ~- ff. H . BAT· Best Available Technologies . BMP · Best Management Practices. BOD • Biochemical Oxygen Demand. BPJ -BEST PROFESSIONAL JUDGMENT. BPT • Best Practical Technolocies . CFR • Code of Federal Regulations. COD · Chemical Oxygen Demand. CWA -Clean Water Act (33 USC 1251 et seq.), as amended . 9 . O&M · Operation and Maintenance. 10.. EPA· Environmental Protection Apncy. 11 . FOG· Fats, oils and grease. 12. 1-Liter. 13 . mg-Milligrams. 14 .. mg/1-Milligrams per liter. 15. NCPS. National Categorical Pretreatment Standarda 18. 17. 18. NPDES -National Pollutant Diacharge Elimination System. PIF Plem ln.esmen• Fee . POTW -Publicly Owned Treatment Works. RCRA • Resource Conservation Recovery Act. 19. SC -SURCHARGE . 20. SIC· Standard Industrial Cluaification. 18 • . .. 0 \ • • 0 1 32xl - - • ~- H . i-&. 21 . 22. 2S. 24 . • .. • t• • SWDA -Solid Waste Disposal Act, 42 USC 6901 , et seq. TSS -Total Suspended Solids. USC -United States Code . USEPA -United States Environmental Protection Agency. ,, - 12-2-2: GENERAL REGULATIONS : A. Supervision: 1. The BtreeMP f!lf t:Jttlieiea CITY MANAGER OR HIS/HER DESIGNEE shall be responsible for the management of the wastewater collection system served by the City and all of the property pertaining thereto. He/she shall see that such system is kept properly cleaned and in good working order and repair. He/she shall ensure proper compliance with all local, State and Federal ordinances, statutes, laws, and regulations for collection of wastewater and shall perform all other duties in connection with such system as may be required. 2 . The Btreeller f!lf Waaiewaier Tre11N11e11:, fl}'JJTl CITY MANAGER OR HIS/HER DESIGNEE shall be responsible for the management of the ~ LITTLETON/ENGLEWOOD wastewater treatment plant and all of the property pertaining thereto. He/she shall see that such system is kept properly cleaned and in good workins order and repair. He/she shall ensure proper compliance with all local, State and Federal reculationa for treatment and discharge of wastewater and shall perform all other duties in connection with such syatem aa may be required. 3 . 4 . The Btreemr f!lf 'Yflili•• 111111 Dtreeter el WMlf:• aN.1 'llrea•e11:, CITY MANAGER OR HIS/HER DESIGNEE may adopt rules and reculations in their respective areas of responaibility, jointly or individually, consistent with the provisions of this Chapter for the administration of the wastewater system. Rules and regulationa adopted shall pertain to, but shall not be limited to, discharge, limitations, pretreatment requirements, standards for installation of wastewater lines and services, and implementation of standards promulgated punuant to the Act. In establiahin& such rules and reculationa, they shall establiah standards that will aaaure safe, efficient operation of the waatewater system, wastewater treatment proceaa or equipment, that will not have an adverae effect on the receivin& water, or will not otherwise endanger persona or property, or constitute a nuisance . The 9il'eeler ef Ulilitiea, MIC 9i1 eeter el lif.'Mlew aler TNa•eat end-the- Dtre•• ef F " li1l Bel'W'ieea CITY ahall keep auch records and prepare such reports concerning the wastewater utility • lee Git, Mw,e1 llireete. The City Manager shall keep the City Council adviaed of the operations, financial conditions and future needs of the Department and ahall prepare and submit to the City Council, at least annually, a report covering the activities of the Departments, including a statement of revenuea and expenditures of the preceding year. 19 . ' . , • . .. .,. •· • 0 - I I 'f • , xi - - • • • <. r 5. The Bi:reeter e,f Unlitiee a11tl t.he E>treeler ef Wanewaler 'PreaMlleat. CITY shall have the power to formulate and promulgate directives, regulations, and orders implementing and consistent with the provisions of this Chapter. The violation by the user of any such directive, regulations, or orders can be enforced in accordance with the provisions of Section 12-2-6 of this Chapter. ~· . 6 . If wastewaters containing any substance described in the following ~ons of this Code are diacharged or propoaed to be diacharged into the wastewater system of the City or to any tributary thereto, the 9iftew. CITY may take any action neceuary to: a . Prohibit the diacharge of such wastewater; b . Re•llil'e a ililiehm,er 418 llemallllllllaN. ._. ill plaM malli6eatia1111 will rae-areJimmeN.. t ·1d11fpllfBBNNIIMUB8 .... ililiehm1e eaea -' ewee ._ limita aet ill Seetia11 11 8 ? herein, ISSUE A PERMIT TO ANY INDIRECT DISCHARGER THAT THE CITY MANAGER OR HIS/HER DESIGNEE DETERMINES TO BE A SIGNIFICANT INDUSTRIAL USER; c. Ensure pretreatment, including storage facilities or flow equalization neceuary to reduce or eliminate the objectionable characteristics or aubetanoee ao that the diacharge will not violate this Chapter; d . Enaure that the person making, cauainc or allowing the diacharge pays any additional ooat or eq,enae incurrad by the City treatment system; or E . IMPOSE MASS LIMITATIONS ON SIGNIGICANT INDUSTRIAL USERS WHICH ARE USING DILUTION TO MEET APPLICABLE PRETREATMENT STANDARDS OR REQUIREMENTS, OR IN OTHER CASES WHERE THE IMPOSITION OF MASS LIMITATIONS ARE APPROPRIATE. &. F. Take auch other or further remedial action u may be deemed to be desirable or neceuary to achieve the purpoee of this Chapter. G . REQUIRE THE INDIRECT DISCHARGER TO IMPLEMENT A BEST MANAGEMENT PRACTICE AS SPECIFIED BY THE CITY MANAGER OR HIS/HER DESIGNEE THIS REQUIREMENT APPLIES TO ALL INDIRECT DISCHARGERS AND SHALL BE ENFORCEABLE UNDER PARAGRAPH 12-2-6 OF THIS ORDINANCE . 20 ~-,· . .. • . .. •· I . ' • 0 ? I - • • 7 . • ... • • (, Any actual or threatened disc:harge of wutewater containing substances limited or prohibited by thia Chapter into the wastewater treatment 1ystem of the City which, by the determination of the Dit<eaer efl:Jtililliee CITY MANAGER OR HIS/HER DESIGNEE er lite 9ireaer efWaa1e"a1er 'Preameal, preaents an imminent or eubatantial endangerment to the health or welfare of peraons or to the environment, or which causes interference with the normal operation of the wastewater treatment system, may be immediately halted or eliminated by either the Dil"eaer ef l:Jlili4iiea. er '1le 9il"eeler ef 11.'aale" aler 'Praa•em CITY MANAGER OR HIS/HER DESIO NEE. The 9ireaer ef l:Jtililliea er the Dit<eeMr ef Waalewaler 'Prea•em CITY MANAGER OR HIS/HER DESIGNEE may halt or eliminate such diachargea by means of any procedure or measure authorized by thia Chapter for enforcement of diacharp limitationa and prohibitions, or by means of physical diaconnection from the wastewater treatment aervice . Such diacharp1 may be halted or eliminated without rePl:!i to the compliance of the diacharge with other proviaiona of thia Chapter. This action does not preclude the 9ireelaPCITY MANAGER OR HIS/HER DESIGNEE taking any further appropriate enforcement action provided by thia Chapter. 8 . The 9ireelar' CITY MANAGER OR HIS/HER DESIGNEE shall aee that induatrial users which discharge to the Metro Diatrict comply with the more stringent diacharae limitations of either the Metro Diatrict or Enclewood. 8 . General Prohibitions. l. All wastewater ahall be diacbarpd to the P01W eiroept u provided hereinafter. 2. It ,hall be unlawful to diacharp from any premiaea within the City, or into any area under the juriacliction of the City, or into a cliatrict or juriadiction under contract with the City for treatment of aanitary aewage, into and upon any public hichway, atream, watercourae, or public place, or into any drain. ceaapool, storm or private aewer, or natural water outlet, any aewace or other polluted waters, except where suitable treatment bu been provided in accordance with provisions of this Chapter and local, State and Federal laws. 3 . It ,hall be unlawful for any penon to cauae to be diacharced or mue a connection to the P01W which would allow any storm water, surface drainqe, pound water, water from unroofed draina, roof run-off', coolinc water or other water into any sanitary aewer. No penon ahall cauae any of the above mentioned water to be mixed with that person's aewage in order to dilute aaid aewage. 4. Storm water, aurface drainap, aubeurface drainqe, cround water, water from wuooled draina, roof nm-off. coolinc water or unpolluted water may be admiu.cl to apecificaUy deaipat.ed storm aewen which haw adequate capacity for the accommodation of aaid waten. It llhall be unlawful for any pe,-to cannec:t to and/or uae aanitary -en for the above p~ without havins obtained the written prior cauent of the &il1111r elYtilili11 CITY MANAGER OR HIS/HER DESIONEE. 21 ' , • . .. • 0 , - - • -- • ·, • .. 5 . It shall be unlawful for any person, in any way, to damage any property, equipment or appliance constituting or being a part of the City wastewater utility or for any penon to trespaaa upon the property of the City, to tap any sewer main or to make any connections therewith, to deposit any type of refuae into manholes or in any manner to interfere with the wastewater utility or the property, equipment, manholes, piping or appliances of the wutewater collection ayatem and treatment facilities. C . Specific Prohibitions: l. It ia unlawful for any uaer to contribute or cause to be contributed clirectly or indirec:tly, any pollutant or wastewater which will interfere with the operation or performance aC the POTW. Tbeae pneral prohibitions apply to all euch uaen of a POTW, whether or not the uaer ia eubject to National Catqorical Pretreatment Standards or any other National. State or local pretreatment atandarda or requirements. It ia unlawful for any user to contribute the following substances to any POTW: a . Any "hazardous waste• aa defined in 40 CFR 261, unleu specifically allowed by POTW . b. Any liquide, aolida, or pees which by reuon of their nature or quantity are, or may be, 1ufficient either alone or by interaction with other substances to cauae fire or e:q,l.oaion or be iniurioua in any other way to the POTW or to the operation of the POTW . At no time shall two (2) 1uoceaaive readinp on any e:q,loeion hazard meter, at the point of cliacbarp into the ')'Item (or at any point in the ayatem), be more than five percent (5%) nor any IUllle reading over ten percent (10%) of the Lower Esploaive Limit (LEL) of the meter. Fire or e:q,loaion buud may alao be determined using Ouh point concentration, by closed cup method as IIJ)eCified in 40 CFR 261.21. The Ouhpoint shall not be le8I than lixty degree, (60') centicrade or one hundred forty dqrees (140") Fahrenheit. C. Solid or viscous substances which may cause obstruction to the flow in a aewer or other interference with the operation of the wastewater treatment facilitie1 1uch as, but not limited to: peue, prbqe with partic:lee freater than one-half inch (1/a ") in any dimenaion, animal pta or tiuuea, paunch manure, bone,, hair, hidea or fleahinge, entraile, whole blood. feathen, uhea, cinden, aand, epent lime, ,tone or marble duet, metal, 1traw, shavinp, srau clippinga, rap, epent paina, apent bop,, wute paper, wood, plutica, Pl, tar, uphalt reaiduea, reaiduea from refininc or Proceuinc of fuel or lubricating oil, mud or slua, crindinl or poliahing wutee, and other lib or aimilar materiall. d . Any wa,tewater havinc a pH leN than 5.0 or man than 10.0 unleu the POTW ia epecifically dNipecl to aocommoclat.e any 1uch wutewater, or wutewat.er haYinc any odier anoaive property capable aC ca1m111 damap or buud to ltnletuNe, equipment, and/or pa-1 of the POTW; ucept that wai'VW8 22 .. . ' •. .. ., • • 0 , I -• -- • • .. may be granted for continuo1.111 flow cli8c:lulr1es which are monitored continuously by automatic monitorin( equipment. Such waivers may be applied to pH excuniom which are above 10 pH units 88 aet forth in the Littleton/Englewood wutewater treatment plant policy for pH eflluent limitatiom under continuo1.111 monitoring or grab sample monitoring for continuous diacharps. Such waivera ml.lllt alao be in compliance with all Federal regulations and l(Uidelinea. e . Any wutewater containiq tone pollutanta in sufficient quantity, either Bingly or by interaction with other pollutanta, to injure or interfere with any wutewat.er treatment proceu, conatitute a hazard to humans or animal.a, create a tone efl'ec:t in the receiving waters of the POTW, to contaminate the lludp of any POTW ayatema , or t.o exceed the limitation set forth in a Categorical Pretreatment Standard. A tone pollutant shall include, but not be limited to, any pollutant identified pursuant to aection 307(a) of the Act. f. Any noxio1.111 or malodoro1.111 liquids, cue•. or aolida which either singly or by interaction with other wutea are sufficient t.o prevent entry into the aewera for their maintenance and repair. g. Any substance which may cauae the POTW'a eflluent or any other product of the POTW, such 88 residues, lludges, or IICUIDS, to be unauitable fi>r reclamation and re1.111e or to interfere with the reclamation proceaa where the POTW iB punuins a rel.Ille and reclamation prcJlr&lll. In no cue ahall a aubetance cliacbarpd to the POTW cauae the POTW to be in noncompliance with the lludp 1.111e or diBpoul criteria, cuidelinea, or replationa affectinc lludp 1.111e or diapoeal. h . Any substance which will cauae the POTW to violate its NPDES permit or the receiving water quality etandarda. i . Any wastewater with objectionable color not removable in the treatment proceN, such 88, but not limited to, dye wutee and vegetable tanning eolutiona. j . Any pollutants, includinc oxypn demanding pollutants (BOD, etc.) which a uaer knowa or has reuon t.o know will cal.Ille interference to the POTW . In no cue ahall a 111111 load have a flow rate or contain concentrationa or quantitiea of pollutanta that exceed for any time period lonpr than fifteen (15) minutes more than five (5) timea the averap twenty-fi:>ur (24) hour concentration, quantitiea, or flow duriq normal operation. k . Any wutewater containiq any radioactive wutea or iBotopea of auch half.life c:o.-ntration u may nceecl limita eetabliahed by the 9iNew-CITY MANAGER OR HIS/HER DESIGNEE in compliance with applicable State Rulee and Beplatioaa Pertainins to Radiolnp:aJ Control. publiabecl by the Colorado Department of Health, State of Colarado. 23 • . • • 0 , ~• • -,. •, • • (. r I. Any wastewater which cauaes a hazard to human life or creates a public nuisance and is not contained in the wastewater system . m. Any wastewater having a temperature which will cause the temperature of the influent to the wastewater treatment plant to exceed one hundred four degrees (104•) Fahrenheit or forty degrees (40") centigrade and/or inhibit the biological activity in the POTW . n. Any water or waste which contains grease or oil or any other substances that will solidify or become discernibly viscous at temperatures between thirty-two decree• (32") Fahrenheit (0-C.) and one hundred fifty degrees (150-) Fahrenheit (66.5" C.). .. o. Any water or waste containinc free or floating oil and grease, or any diacharae containing animal fat or grease by-product in exceBB of 200 mg/I . p . Petroleum oil, nonbiodecradable cutting oil or products of mineral oil origin in amounts that will cause interfereDCe or p888 through. q. Wastes from septic tank pumpqe or vaults except at locations permitted by the 9il"eeter ef'.V..1e•ale1 'Prea•em CITY . r . Waters containing garbage that baa not been ground or comminuted to such a decree that all particles will be carried freely in auapenaion under conditions normally prevailinc in public sewers. Solid particlea shall be no more than one-half inch (1/1") in any dimemion. 8 . Unusual concentrations of diaaolved solids. t. Any wastewater containing BOD, COD , total aolida, or suspended aolida of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant; provided, however, that a user may be permitted by specific, written qreement with the POTW which agreement to diacharce such BOD , COD or TSS may provide for special charcea , aurchargea , payments or provisions for treating and tes ting equipment. u . Ammonia nitrogen or aubatancea readily converted thereto, in amounts that would cause the POTW to fail to comply with its NPDES permit. V. POLLUTANTS WHICH RESULT IN THE PRESENCE OF TOXIC GASES, VAPORS OR FUMES WITHIN THE POTWIN A ., QUANTITY THAT MAY CAUSE ACUTE WORKER HEALTH I AND SAFETY PROBLEMS . • • 2 . Any material or aubatance not apec:ifically mentioned in thia Section which in itaelf is corroaive, irritating, or nmioua to human beinp and animals, or which by interaction with other water or waste in the public N wer ayatem could produce undeairable e&c:ta or create any 0 24 • , xi - D. • • • other condition deleterious to structures, treatment proc:eSBes , and quantity of the receiving stream, is illegal. 3 . Any material or substance entering into the public aewer which interferes with the treatment proc:eBB even if it is within the concentration limitations stated in Section 12-2-7 may be prohibited upon written order by the 9ireeMP CITY MANAGER OR HIS/HER DESIGNEE. Federal Categorical Pretreatment Standards: Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed herein for sources in that subcategory, shall immediately supeniede the limitations impoaed herein. The 9ireeMP CITY shall notify all affected users of the applicable reporting requirements. E . Specific Pollutant Limitations: It is unlawful for any person to diacharge wastewater containing pollutants in exceBB of the limitations on diacharge , as set forth in Section 12-2-7. F . State Requirements: State requirements and limitations on diacharges shall apply in any case where they are more stringent than Federal requirements and limitations or those contained herein. G . P01W's Right of Revision : The City can establish by ordinance more stringent limitations or requirements on diacharges to the P01W if deemed nece88al'Y to comply with the objectives presented in subsection 12-2-IC of this Chapter. H . ExceBBive Diacharp. It is unlawful for any user to increase the use of proc:eBB water or in any way attempt to dilute a discharge u a partial or complete substitute for adequate treatment to achieve compliance with any applicable limitations. I. Accidental Diacharps. Each user shall provide protection &om accidental diacharge of prohibited materials or other subetancea regulated herein. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own coat and expense . In the case of an accidental discharge, it is the responsibility of the user to immediately notify the 9ireeMP CITY and the P01W of the incident. If the diacharge occurs to the portion of the P01W which ultimately discharges to the Metro treatment plant, Metro must also be notified immediately. The notification shall include location of discharge, type of waste, concentration, volume, and corrective actions. Within five (5) days following an accidental diacharge, the user shall submit to the 9ireeMP CITY a detailed written report describing the cause of the discharge and the meuuree to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, Ion, damap, or other liability which may be incurred u a result of damace to the P01W, fiah killa, or any other clamap to penona or property, and such user shall be liable theremr, aor shall such notification relieve the user of any finea, civil penaltiea, or other liability which may be impoaed by this Chapter or other applicable law. Failure to report accidental discharges may, in addition to any other remedies, re.ult in the revocation of the diacharcer'• wastewater discharge permit. If the P0TW ii fined by the 25 . , • .. • • 0 , -• • - (. State or Federal government for violation 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 coats shall be charged to the responsible uaer. Notice to Employees. A notice shall be permanently posted on the uaer's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge . Employers shall insure that all employees who may observe, cauae or suffer such an accidental discharge to occur are advised of the emergency notification procedure . J. Discontinuance of Privy Vaults, CellllJIOOla, Septic Tanke and Outhouses. 1. Connection Required. All improvements now using privies, vaults, outside toilets, oesapoola, aeptic tank.a , sreaae traps, leach fields or other aewage di8poeal facilities in the City, or hereafter in the City, shall be connected. with the public aewer lines of the City or any sanitation diatrict in the City, provided auch public aewer line has been brought within four hundred feet (400') of any part of auch dwelling or improvement requiring aewqe disposal aervice, and provided that such connection shall only be required when auch privies, vaults, outside toilets, ce88poola, aeptic tank.a , sreaae traps, leach fields or other aewage diapoeal facilities fail to function properly 80 that they have to be repaired ao aa to make them usable . 2. Abandonment of Privies, Ceupoola, Septic Tanke. All outside toilets, priviea, vaults, ceupoola, aeptic tank.a , sreaae trapa and leach fields now emti.nc in the City where any part of the dwelling or improvement ii located within four hundred feet (400') of a public aewerap line of the City, or of a aanitation district of the City aball be abandoned and no lon,er used, in the event that any one of 1uch itema shall be overflowing, full or not functioning properly, 80 that it has to be repaired, in which event the owner of auch premiaea ,hall immediately make arran,ementa to connect the improvements usins •uch facilities and such connection shall be made within mty (60) daya by owner at owner'• expense. 3 . The contents of privy vaulta, aeptic tank.a , ceupoola, or outhouaea within the limits of the City shall not be removed therefrom, nor shall the aame be transported through any street, alley or public place within the City, except in a aanitary manner, through or by meana of airtight tanks, if soft and mixed with matter, and if 80lid or dry, in ticht covered tanks in such manner aa ahall prevent the eacape of any noxious gases or offensive odors and preserve auch contents from aicht or expoaure duriq cleaniq, and auch removal aball be kept and maintained in aanitary condition and ahall be aubject to impection by the Department of Health of the County. 26 . , •· • 0 '~') -• • • <. K. New Construction. 1. Connection With City Sewer Line Required. All new construction of dwellings and improvements requiring sewer disposal service in the City shall connect such dwelling or improvement with the sewer line of the City or such sanitation district. 2 . Use of Temporary Toilet Facilities During Construction. During the construction of any dwellings and improvements, temporary toilet facilities may be used in accordance with the regulations of the Tri-County Health Department or of the State Board of Health, and as soon as such dwelling or improvement ia connected to the public sewen, such use shall be abandoned and all evidence of such uae properly covered or disposed of. L. Manhole Coven. No penon shall open any sewer manhole without the permission of the lmeeter el 'l:t~a CITY . M. Special Acreements and Contracts. No statement contained in this Section shall be construed as prohibiting special written agreements between the POTW and any other penon allowing industrial waste of unusual strength or character to be admitted to the POTW &om any part or parts of auch POTW, or penon or penons living outside the boundaries of the POTW, upon such terms and conditions and for such periods of time as may be deemed reasonable. However, no auch agreement with a categorical user ,hall allow 1tandarda leu Btrinpnt than the applicable National Categorical Pretreatment Standard. N. Prohibited Connectiona. It ii unlawful for any penon, corporation, or other buaine11 entity, either in penon or through an agent, employee, or contractor to make, allow or cause to be made any connection to the POTW for the purpoee of servicing property outaide the boundariea of the POTW, except upon reco-endation of the 9ireeter er 'l:ttilitiea CITY MANAGER OR HIS/HER DESIGNEE and the approval of the City Council. 0 . Private Wastewater Diapoaal . 1. Private Disposal. a . Prior to commencement of conatruction of a private wutewater di.apoaal ay1tem, the owner or his agent 1hall 6nt obtain written permillion &om the 'llri. 6a.m, Heallh CITY MANAGER OR HIS/HER DESIO NEE for 1ubmillion to the 9ireeter ef 'l:tliliMea HEAL TH DEPARTMENT. b. The applicationS for the permitS required 117-IN Section 12-2-5 ,hall MEET ALL FEDERAL, STATE AND LOCAL REQUIREMENTS . w •• 1111 a•• lwnirlu• 11, ._ 'llti 6,_., Haaltlt 9,,..-,a, whiell Iha.,,.. • ,hall • .,,1e.,., 11,.-, plaae, 1puil111ia• _. alhar m wwwliaa Mill MB-· BIHIHI' 11, ... 'll,i 6a.m, lhallft e,, ........... 27 . , .. •· • 0 . - '"I'-:. -• ,.. • - c. The owner or his agent shall operate and maintain the private wastewater disposal facilities at his sole expense and in compliance with all Federal, State, and local laws, rules and regulations. d. No statement contained in this Section shall be construed to interfere with any additional requirements which may be imposed by the Health Department or 9ireeter ef l:Jlilities THE CITY . e . The type , capacity, location, and layout of an individual wastewater disposal system shall comply with all standards of the 'PPi Get1ne, Health Department. No permit shall be issued for any individual wastewater disposal system employing subsurface soil absorption facilities where the area of the lot does not meet the regulations imposed by the Health Department and in no event where the area of the lot is less than fifteen thousand (15,000) square feet. f. The Tri Ge.m, Health Department shall be allowed to inspect the work under this division at any stage of conatruction; and, in any event, the applicant for the permit shall notify the Tri Getlfte, Health Department when the work is ready for final inapection and before any underground portions are covered . The inspection shall be made within forty eight (48) hours of the notice by the 9ireeter efl:Jlilities CITY, exclusive of Saturdays, Sundays and legal holiday&. 2 . Wastewater or Septic Tank Haulers. Wastewater or septic tank haulers shall not discharge any waste within the corporate boundaries of the City except at discharge points deeiJnated by the ~ CITY MANAGER OR HIS/HER DESIGNEE. All permitted diachargee •hall comply with the terme of the septic hauler permit agreement. All violaton are 1ubject to the legal liabilities and penaltiea provided ir. this Chapter. P . Limits on Metro District Authority. Any authority or richts granted to Metro District by this Chapter 1hall only apply to thoae areas of the Englewood sewer service area receiving sewer service &om Metro District. Q . IndW!trial Permits. All eignificant industrial wiers must obtain a waetewater contribution permit. Any user violating any term or condition of the wastewater discharge permit, can be subject to enforcement action set forth in Section 12-2-6 of this Chapter. R. Compliance Schedule . A compliance achedule may be included ae a part of the wastewater contribution permit. All compliance dates, reporting requirements and other term& of the achedule must be met by the user. S . Reporting. Violation of any reporting requirement& of this Chapter by any user, including but not limited to the requirements of the wutewater contribution permit can result in enforcement action being taken under the provisions of Section 12-2-6 of this Chapter. 12 -2-3 : FEES AND CHARGES: A. Purpose. It is the purpoee of this Section to provide for the payment of all POTW coats, includinc Utilitie1 Department coats and Department of W a 1tewater Treatment coat&. The total annual COit of operation and 28 . ' .. •· • 0 , - • 8 . • • • maintenance s hall include, but need not be limited to, labor, repairs, equipment replacement, maintenance , necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund . The charges will be based upon the quality and quantity of user's wastewater, and also upon the Department of Utilities and Department of Wastewater Treatment capital and operating costs to intercept, treat, and dispose of wastewater. The applicable charges shall be as aet forth herein. General. There is hereby levied and charged on each lot, parcel of land and premises aerved by or having sewer connection with the sanitary aewer of the City or otherwise discharging sanitary aewage, industrial wastes or other liquida, either directly or indirectly, into the City sanitary aewer system an annual aervice charge which shall be computed and payable as follows : 1. The charge for aewage treatment shall be baaed on the gallonage of water delivered to the premises during the appropriate water meter read.inc period falling between November 1 and April 30. This callonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1 ,000) gallons provides the annual treatment charge. 2 . A charge for sewer collection system maintenance shall be established annually by action of the City Council where premises are served by the City collection system. Where the City does not own and maintain the collection system, the City will collect charges for maintenance of same only when authoriz.ed by the terms of contract between the City and the sanitation diatrict. 3 . Where water uaace information ia not available, -• service chargea shall be computed uainc the current rate per one thouaand (1 ,000) gallona and baaed on the followinc normal uaage by clue, as follows : 2 3 12 Months Months Montha a . Single-family dwellings 14 21 83 b . Multi-family dwellinc units 9 13 52 c . Mobile home units 5 8 52 d. Commercial (by meter s i.u/capacity) .,. inch 19 29 116 .,. inch 29 44 176 1 inch 49 73 292 11/1 inches 97 146 584 2 inches 156 234 936 3 inches 311 467 1,868 4 inches 487 730 2 ,920 6 inches 973 1,460 5 ,840 Normal uaaire by claaa will be checked by tabulation and averqinc at leut every five (5) years to detect and adjuat for cbanpa in patterm of water uaage. 29 'I • . .. I· • 0 , -• • ·, • 4. The minimum charge per year for -ace treatment aervice, by customer class, shall be a percentqe oC Oat rate charp, this amount representing the fixed portion oC operation and maintenance (0 & M) coats. 5. Outside City custome ra will be charged one hundred five percent (105%) of the amount charged inaide City cuatomera for aimilar aervice to compenaate for additional infiltration from the longer interceptor lines. This factor baa been included in the Oat rate and minimum rate tables in subsection 88 below. 6 . Charges for aervice to cuatomera inaide the City limit.a shall be billed in quarter-annual installment.a in advance. Charges tor -er only aervice outside the City may, at the discretion oC the 9iHasr el P'" 1 · r I 8effll9elt CITY MANAGER OR HIS/HER DESIGNEE, be billed annually where this would not contlict with spec:ial proviaioaa oC a connector's agreement. All bills are due and payable u oC the billing date and become delinquent thirty (30) days after the billing date. 7. User charges shall be reviewed annually and reviaed periodically to reflect actual treatment works O & M costs. 8 . The following rates shall become effective upon passage of this Ordinance: Rate Schedule: Rate Per 1,000 OaDou Sewqe Treatment Charp .8374 Collection Syatem Charp .1114 TOTAL .9488 r • sr.HltDUU::I ~mIJ.ED SCKll!Dl.ll.E W SCHJDJU IY ID City ID City Outaide City Outside City Cw,tome r City Sewen Diatrict Sewen Diatrict Sewen Diatrict Sewen Cua Billed Qumdx Billett Avnedx Rilled ,\ppp)ly BilJed Aunedv Flat Flat Flat Flat Bara Mill. Bara Mia. Bara Mia. Bara Mia. SiD1le- fa m . dw1 . 19 .96 18.15 17 .60 16.00 73.80 67.20 18.46 16.80 Multi-Cam . unit 12 .35 11 .26 10.90 9 .90 46 .80 41 .60 11 .46 10.40 Mobile home 7 .60 6 .90 6 .70 6 .10 28 .ZO 16.60 7 .06 6 .40 Com .I: Ind. (by metar aiu) •1,· 27 .60 26 .06 24 .30 U .10 102.00 92.80 26 .60 23 .20 11, 41 .76 38.00 36.86 33.66 164.IO 140.80 111.70 36 .ZO l" 69.26 63.00 61.16 56.16 161.IO 133.10 IUO 51.40 111,· 138.60 121.06 122.26 111 .16 513.10 417 .20 111.40 111.IO 30 . ' •. • • 0 I I - ,,_ . • • .. • -------~•~-·--·------- 2· 222.00 202.05 195.95 178.30 823.00 749.00 206.75 3• 443.10 403.20 391.10 355.85 1642.40 1494.80 410.80 4• 692.80 630.30 611.30 556.30 2567.40 2336.40 641.85 6" 1385.25 1260.60 1222.60 1112.55 5135.00 4672.80 1283.75 a· 2201 .10 2003.00 1936.96 1762.60 8159.75 7425.35 2039.90 10· 3164 .10 2879.35 2784.46 2533.80 11729.70 10674.00 2932.40 Minimum charpe both imide and outaide tbe City are ninety-one percent (91 ") Oat rate charp for tbe cuatomer clua involved C. Special Cues: 1. Schools operating on a nine (9) month acbool :,ear aba1l be billed aeventy-m percent (76") oftbe cbarpa which would normally accrue for similar uaap by a reaidential cuatomer. 2 . lnduatriea, car waahea and other eatabliabaenta where IIUIIUller irription water ia not aipificant or where ae-1 bui.w ftuctuationa are more sipific:ant than irription uaap aba1l be billed baaed OD annual rather than winter period water uaap. 187.25 373.70 584.10 1168.20 1866.35 2668.55 3 . Cwitomen with delivery t1ow c:haraet.eriatica sipificantly different from tbme of a aiqle-family dwellinc aba1l pay an additional readineN to -t'ee baaed Oil the mllowinc ilrmula: R-V ( 91 g NW) where: 366 R = Annual delivery flow rat.e c:barac:t.niaac cbarp .91 = R.eadiw to Nrft portion al O I: M ooata NW = Cuatiomer'• annual -WCll'kins daya 365 = Number al daya in caladar ,-r V = Annual volume c:barp far wut.ewater treatment 4 . Other C.-: Where tbe p.-ciurea above are not applicable, or when application al-• would work an obvioua and aipific:ant ill,juatice to tbe cuatamer, a rate aba1l be eetabliabed by tbe ....._. CITY MANAGER OR HIS/HER DESIGNEE baaed oa reuonable eatimatea of projec:tied flow . D. Ir any water or wutin are diacbarpd, or are propmed to be diacbupd to tbe public -•n, which waten CDDtain tbe aubetancee or,-. tbe c:baracteriatiC enumera&ed in lldlNctioa 12·2-IB above and, in tbe juclcment al tbe 8iH Ill If lhililil I CITY MANAGER OR HIS/HER DBSIGNEE, may have a delewiaua 6ct upon tbe -• work&, p-. equipment or ~ waten, or which otberwile cnat.e a baud to lill or camatute a public n....-, tbe a...a..CITY MANAGER OR Hl8IHD DESIGNEE aba1l also c:hu9t tbe fDUowinl ... and tab aucb ......._nt actiaa in accardance with Section ll·M al tbia Chapter u tbe a......CITY MANAGER OR HISIIIER DBSIGND ..._ 8lhiuble. 31 . ' . •. • • 0 I - • • • • Require payment to cove.r the added coat surcharge of handling and treating the wastes considered as "industrial wastes", by imposing the following formula : SC Q x 8 .34 [UCo (AOD) + UCa (SS 300)) SC annual surcbarp in clollan and cents Q volume of aewap diacharpd to the public sewer in million pllona per year 8.34 convenion factor; 1 1allon of water to pounds UCo unit charp for AOD in dollara per pound (i) IC CWl is leaa than 3.0, then AOD=<BOD1 · 200 ms/I) B0D1 (ii) IC CWl is sreater than 3.0, then AOD=(COD-500 ms/I) BODs AOD Additional Oxypn Demand atreqth index in millicrama per liter COD Chemical Oll}'Sen demand atreqth index in millicrama per liter BOO. 5 day biochemical Oll}'Sen demand atrensth index in millisrama per liter UCa unit charp for SS in dollara per pound (S0 .0324) SS auapended eolida atreqth index in millisrama per liter 200 normal BOD1 atreqth in millicrama per liter 300 normal SS atreqth in millicrama per liter 500 normal COD atrenctb in millicrama per liter The application of the above formula provide& for a surcharge for BOD, COD and for SS . lftbe atrencth index of BOD, COD or SS is lea than the baae number that is being subtracted from it, then there shall be no surcharge for that particular catesarY, nor shall there be a credit pven to the total surcharre , E . lnduatrial Coat Recovery (ICR): 1. Industries affected shall be those identified in the Standard Industrial Clasaification Manual, (SICM) 1972 aa revised, diviaiona A through I, with the specific exception of those industries which diacharge only nonproceaa , segrecated domestic wastes or wastes from sanitary convenience&. Affected induatriea will be clasaified as follow&: a . Sicnificant induat.rial uaen shall be monitored to determine atrencth levels . Thia shall be accompliahed BCCIOrdiq to a pretreatment procram eatabliabed by the 9~ el Hlilitiea CITY and approved by the BiNe• el'.'\'•••••• 'Prea•ent CITY MANAGER OR HIS/HER DESIONEE. The rnulta of aampling and analysis will be l"ICOl'ded in the utilitiea office , reported to the affected industry and reported to reculatory agencies per this current directive . 32 6' -• . .. • . ... •· I . ' • 0 xi -• • • b . Payment rates shall be computed for ICR customers based on the following basic capital costs of the Bi-City plant: Q (Volume): $460.12/1 ,000 gallon day of capacity BOD: 30.47/pound day of capacity SS: 35.04/pound day of capacity 2 . Specific individual rates will be calculated baaed on the volume strength and rate of Bow in acoordance with current Federal guidelines. Adjustments to individual rates will be made annually or more frequently, whenever evidence ia received that a major change in waatewater volume and/or cbaracteriatics baa occurred. Payment will commence within one year of the date of initiation of service throuch the Bi-City plant. F . Restoration Of Service: Sewer service shall not be restored until all charges, including the eiq,ense of termination and charge for restoration of service, have been paid. G . Collection Procedures: 1. Charges Responaibility Of Owner: All feea and charges shall be cha.rpable againat and payable to the owner of the premiaes receiving aewer aervice . 2. Periodic Billing Statements: a . The City llhall cause billinga for wutewater treatment and/or water cbarpa to be rendered periodically at rat.ea eetabliabed. b . Billinp for charpe and any other noticN llhall be effective upon mailinc uid billinc or notice to the lut ~ addreu of the user u abown on City recorda . c. The service cha.rpa provided in thia Chapter llhall be billed and paid in full within thirty (30) day, from date of billing. No partial payments ,ball be accepted. d . If aewer rat.ea are chanced or user1 inatitute or terminate service other than on eatabliahed billing dates, the bill ,ball be prorated. H . Delinquency And Collection: 1. F-and cbarpe levied in accordance with thia Chapter llhall be paid within thirty (30) daya from the date of bi11inc to the City . If the bill ia not paid within ninety (90) daya after billinc, it llhall be deemed delinquent, whereupon a twenty-&ve percent {26%) 1urc:barp may be imposed for collection 1ervicel. 2 . Nonpayment. All NWer cbarpa and 1un:barp1, inclwlins, but not limited to, collection cbarp1, pretreatment cbarpa, monitoriq cbarpa, 1ball be a lien upon the property to which eewer1 are connected from the date Aid 33 .. • . • ' . . ' • 0 f ~7xl - • • • • • charges become due until said c:harpa are paid. The owner of every structure or premises shall be liable for all sewer charges for WM!r& on his premises, which lien of liability may be enforced by the City by action at law to enforce the lien. ln cue the tenant in poNeBBion of any premises shall pay the sewer charpe, it shall relieve the landowner &om such obligations and lien, but the City shall not be required to seek payment &om any person wbo.-ver other than the owner for the payment of sewer charpa. No chance of ownership or occupation 1hall affect the application of this subaec:tion, and the failure of any owner to diacover that he purchased property apinat which a lien tor aewer eervice exiata shall in no way affect hia liability tor 1uch payment in full. Said delinquent paymentl, and the lien created thereby, shall be enforced by aaaeument upon the property and premiNa IO eerved and certification thereof to the County Treaaurer for the collection under and in pursuance 88 provided for in this Code. 3. ln the event that any eewer c:harpa or 1urcharpa, includinc, but not limited to, collection charp1, pretreatment charpa, monitoring charpe or -er tap feel, must be certified to a county tor ooUec:tion u a delinquent account, a fee equal to double the amount owed shall be certified and collec:t.ed. l. Diaconnection Clauee. 1. The City may dieconnect within the City or contract areu aerved by the City for acoountl delinquent more than ninety (90) daya. Notice shall be given to laat known addreu al. UNr or owner thirty (30) daya prior to dieconnec:tion. All OOltl of cliaoonnec:tion aball be repaid at the time of reooanection 2. When the premiNa to which audl service ia provided are located without the limitl of the City, failure to pay the ratea and charpa for tnatment and diapoaal of unitary aewap when due shall be cauae for the City Clerk to certi(y to the county commiaaioaen of the county in which Mid delinquent u.r'1 property ia locat.ed the charpa due and unpaid, on or before November 1 of each year, and thereupon and until paid. the ume shall be a lien upon the real property eo eerved by uid eewerap ayatem and shall be levied, certifiecl, recaiwd or ooUec:t.ed by Ale annually &om year to year by the proper county o8'iciala u are pneral tuea, and the proceeda there&om remitted to the City of Enclewood; provided, that if the premiael are 1upplied with City wat.er Nrvicel, aucb eerviat may be abut otr until auch ratea and charpa tiir treatment and diapoaal al. unitary eewap shall bava been paid . 12-2-4: PRIVATE SEWERS, CONNECTIONS AND REPAIRS: A. 8 . Buildinp to Have Separate Connactiam. Bach buildinc shall be 1ervad by itl own eewer eervice line, and ao oonmction aball be made by •Jtt.endins the eervice &om one property to anotMr property. Each aeparate buildinc in a planned unit development shall have a aeparat.e NWer eerviat line . Old Private Sewers. Old privat.e -n may be UNd in OIIIUlldiaa with - buildinp only when tba)' an found to mNl all nquiftmenta baNiD and aolely at the riak al. the uaer; otberwiae, olcl private NWlft aball be phaapd 34 . . . ' •. .. • • 0 , - • • • - ,. at the user's expense upon discontinuance of service. The plug in the old private sewer must be inspected and approved and a plan review and inspection fee will be charged by the City . C . Design and Construction. The size, slope , alignment, and materials of construction of a private sewer, and the methods to be used in excavating, placing of pipe , jointing, testing, and bacldilling the trench and all other work shall conform to the requirements of the Building and Plumbing Code or other applicable codes , laws, rules and regulations of Federal, State, and local entities. D . Private Sewer Elevation. In all structures where the elevation is too low to permit gravity flow to the public sewer, sanitary sewage discharge from such structure shall be lifted and discharged to the sewer by a City and Tri-County Health Department approved facility which shall be operated and maintained by the user. E . Installation and Maintenance. All costs and expenses incidental to the installation and connection of the private sewer shall be home by the applicant who shall retain or employ a licensed sewer contractor or plumber to make connection to and install a sewer. F . The service line from the public sewer main line to the structure to be served shall be installed by the property owner at his/her expense. The owner shall hold the City harmlesa for any losa or damage that may directly or indirectly be occasioned by the installation of the service line or the malfunction of any old private sewer. The owner of any property connecting to the P01W shall be responsible for the maintenance of the service line from the public sewer to the structure to be served. The owner shall keep the service line for which he/she is responsible in good condition and ahall replace at his/her expense any port.ions thereof which, in the opinion of the 9ileae1 el l::Jlilitiea CITY MANAGER OR HIS/HER DESIGNEE, have become damaged or disintegrated aa to be unfit for further uae , or ia in such condition to permit infiltration into the system. All repairs ahall be completed within thirty (30) days after notification and shall be completed by a bonded contractor. The owner shall be responsible for returning the public right of way and the street to acceptable City standards. Oil And Grease Interceptor Installation: 1. Grease Interceptor Installation Criteria: Grease trap intercepton are required for all facilities used and operated recularly for the sale of prepared food , including but not limited to restaurants, cafea , fast food outlets, pizza outlets, delicatessens, sandwich ahopa and any and all other kinda and types of food vending eatabliahmenta in which any food preparation (including heatinc or defroatiq in or by means of any kind of oven or heatiq device) talr.ea place on the premises, whether or not such facilities are located in a separate building or structure or occupy apace in a building or s tructure that ia occupied by other buaine-. u well aa schools , churches, board.inc bouaea with communal kitchen facilities , nuning homea, and day care .:enten which have kitchens and engage in the preparation of food. In addition, meat cuttiq facilities 35 'I • . I· • -" • ·.1 · , I - • 2 . • • • and others capable of discharging significant amounts of grease into the POTW shall be required to inetall grease interceptors. ~ cwcep•iaa oheH he tiheee feeililiea ll'Mlle«i a ,111ie11ee e, ~ 9ireeter af Utililiea •it:h Ille appra,al aflhe \l.'aler 9:11:el Se11ter Bwtl. Grease interceptors shall not be required for private reeidences or dwel.linge unleBB there are commercial uaee within the dwelling• that generate amounts of grease beyond that generated by a residential dwelling. VARIANCES : EXCEPTIONS MAY BE MADE BY THE CITY MANAGER OR HIS/HER DESIGNEE BY GRANTING A WRI'ITEN VARIANCE . THE WATER AND SEWER BOARD SHALL HA VE AUTHORITY TO OVERRIDE ANY DECISION MADE BY THE CITY MANAGER OR HIS/HER DESIGNEE IN THIS CASE . &. 3. Greaee Interceptor Sizing Criteria: The Bil'eaer ef ~ea CITY ehall promulgate rulee, regulatioDB and criteria for greaee interceptor sizing. a-. 4. Inepection Of Greaee Interceptors: The Bil'eaer ef \:l._.ea CITY MANAGER OR HIS/HER DESIGNEE shall eetabliah an inepection program for greaee interceptors. The Bil'eaer ef \:lliktiea CITY ehall develop rulee and regulatiODB to inventory all crease interceptors and document the inapectioDB of theee interceptors. +. 5. Greaee Interceptor Pumping Schedulee: All users connected to grease interceptors will be required to pump out their interceptors at intervale determined in rulee, regulatioDB and criteria promulgated by the Bileaer ef\:lliktiea CITY . •· 6. Bioloeical Treatment: Biolop:al treatment ehall not be a eubatitute for the pumping of the irreue interceptor. &. 7. Existing Source, Not Connected To Greue Interceptors: Existing aourcea not connected to peue interceptors and which contribute aicnificant amounta ahall be identified throuch inapection of the collection ayetema . Once theae aource1 are identified, they will be required to implement beat manapment practicee (BMP's) to keep oil and crease out of the POTW . The Bil'eaer ef H-.llee CITY shall promulgate rules, regulatioDB and criteria for BMP'1. If the BMP's are not succeuful at the facility and the facility continue• to contribute significant amounts of oil and sreaee to the unitary eewer, aa documented by field inspectione, then the facility will be required to install an adequately sized sreue interceptor. ~-8. Right Of Entry: Whenever it ii neceuary to make an inapec:ti.on to enforce any provieione of thie Section, or whenever the e..e..,. CITY MANAGER or hia/her deeipee believes that there exiata in any premise• ,ubject to this Section any condition or violation with reprd to the uae and maintenance of oil and sreue intercept.ors, the ~ 9f ~-.Ile, CITY MANAGER or hil/ber delipee may enter 1uch premise, to inspect the ume provided that he/1he shall &rat present proper credentials and requeet and be sranted entry, or othenriae have grounds for a search warrant exception u may be authoriaed by law . If requeeted entry be refuaed, the Bil'a...-el \:llilitlee CITY MANAGER or 36 . , • . .. •· • 0 , xi - • • • \ .. • t• . • ' <, his/her designee shall have recourse to every remedy provided by law to secure entry, including, an issuance of an administrative warrant from the Municipal Court or, from the District Court of the State of Colorado having jurisdiction. G. Permit Required: Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the 9ireeter er IJ~ee CITY MANAGER OR HIS/HER DESIGNEE. H . Connection Requirement: 1. The applicant for the private sewer permit shall notify the Bil'eeler ef Ytmtiee CITY when the private sewer is ready for inspection and connection 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 9iteeter er U.i:lieiea er htalfter represe11111ei,e CITY MANAGER OR HIS/HER DESIGNEE . 2 . The owner of any structure used for human occupancy, employment or activity, situate within the City, may be required at such owner's expense to connect such structure to a public sewer, if such a public sewer is within four hundred feet (400') of the property line of the property upon which the structure is located. Such connection shall be made within ninety (90) days after notice from the 9ireeMP CITY is served on the owner of the property affected; provided, however, that in the event compliance with thia subsection causes severe economic hardahip to aaid person, he/she may apply to the City for exemption from tbia subsection. Such applications ahall state in detail the circumstances which are claimed to cause such economic hardship . Such exemptions ahall only be cranted to residential uaera, shall not apply to other UNra, and shall be cranted only for such time aa the demonstrated hardahip exiata. 3 . 4 . .. Service s hall be considered oomplete upon delivery of the notice to the owner of the property or by poatinc a oopy of the notice on the property in question in a conapicuo1111 place and by mailinc a copy of such notice , regietered mail, to the record owner of the property aa diacloaed and at the addreaa ahown in the current recorda of the Arapahoe County Assessor. If a public sewer is not available within four hundred feet ( 400') of the property line of the property upon which a house or buildin& is located, a private sewase diapoaal ay1tem constructed in accordance with applicable regulations of the Health Department ahall be utilized to dispose of sewase. In cases where a public sewer was not previoualy available within four hundred feet (400') of the property line of a property but a public sewer later become, available within such distance, the owner may be required to connect with the public -•r aa provided in subeection H2 above. In s uch event, after the connection ia completed, the private sewase diapoaal 1y1tem ,hall be emptied, cleaned and 6lled with and or dirt. 37 . , ' • . .. I· • 0 , -• • ,, • 5. It shall be unlawful for any person to deposit or discharge, or to cause to be deposited or discharged, to any wastewater collection facilities any solid or liquid waste unleas through a connection approved by the City. I. Damage To POTW : Any person who maliciously, willfully, or negligently breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment which ia part of the POTW ahall be subject to such action and penalty aa provided in Section 12-2-6 of this Chapter. J . Septic Waste Fees And Charges: The wastewater or septic tank waste hauler permit fee shall be one hundred dollars ($100.00). User charge for disposal of hauled wastewater or septage shall be six cents ($0.06) per gallon. 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 (except as authorized by the ~ CITY MANAGER OR HIS/HER DESIGNEE in accordance with the provisions hereof). 2 . Permit Iasuance. The 9iNew CITY MANAGER OR HIS/HER DESIGNEE shall issue a wutewater diacharp permit to the applicant if he finds that all of the followiq conditiona are met: a . Application for permits shall be made upon written forms prepared by the 9iNete,, CITY MANAGER OR HIS/HER DESIGNEE and shall contain. in addition to other items: (1) Name and addreas of user . (2) Name and addreaa of corporate qents for service if the applicant ia 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) buaineaa days, the user will notify the 9ifteter. CITY MANAGER OR HIS/HER DESIGNEE of the identity and addreaa of changes in the corporate qent for service for corporatiom. (5) Not later than three (3) buaineaa days, usera are required to notify the 9iNew CITY MANAGER OR HIS/HER DESIGNEE of chanpa in the identity, addreu, date of birth, and position when the poaition of the user aipatory to the permit ia changed, and not later than two (2) weeks from 1uch change the permit will be chanpd by an addendum to reflect the new aipatory. 38 .. . ' • . ' .. •· • 0 , - ~. b . c. d . • • • .. The propoeed new di.acharge is in compliance with the prohibitions and limitations of Sections 12-2-2 and 12-2-7 of this Chapter; The proposed new discharge would permit the normal and efficient operation of the wastewater treatment system; and The proposed new discharge would not result in a violation by the City or the Metro District of the terms and conditions in its NPDES permit. e. Existing discharges may be permitted providing they meet all requirements of subsections A2a, A2b, A2c and A2d of this Section, or providing a compliance schedule be issued for bringing 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 in this subsection A will result in the permit being denied. b. In the event an application for a wutewater discharge permit is denied, the 9ifeew. CITY MANAGER OR HIS/HER DESIGNEE shall notify the applicant in writiq of such denial. Such notification shall state the pounds for denial with that decree of specificity which will inform the applicant of the meuures or actions which must be taken by the applicant prior to iaauance of a permit. c. Upon receipt of notification of denial of a permit application, the applicant may request and shall be IP'aDted a hearins to be held by the..._.. CITY MANAGER OR ffiS/HER DESIO NEE. At such hearins the applicant ,hall have the burden of eatablilhinc that the conditiom Ml out in thia Chapter have been met and that a permit 1hould be iaaued . The hearins ,hall be held within thirty (30) day, of the applicant's requeat but may be continued upon a 1howing of sood cauee to do ao by either the City or the applicant. · d . Upon review of the evidence by the 9ifeew. CITY MANAGER OR HIS/HER DESIGNEE, he 1hall ee,,ehell make fi.nclinp of fact and iuue an order directinc that a wutewater discharge permit be iaaued, or directing that auch permit 1hall not be iaaued, or &ive auch other or further orden and directives aa are neceuary and appropriate. 39 ' ' ' ' .. •. •· . ' ... . ' • 0 r ~?"' I - - • • • '· B . Sewer Tap Permits. 1. A sewer tap permit for a single-family, multi-family, residential, and/or commercial user shall remain in effect until terminated by the City. 2 . All users proposing to connect to the wastewater system shall obtain a construction permit before connection to and/or discharging to the system. Users shall complete and file with the BireNr "f '1:J~tiea CITY MANAGER OR HIS/HER DESIGNEE an application in the form prescribed by the Divisions and accompanied by a fee as set forth in Schedule B. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: a. Name, addresa, location of discharge (if different from the addresa). b . SIC number according to the Standard Industrial Clasaification Manual, Bureau of the Budget, 1972, as amended . ._.Y c. Time(s) and duration of discharge. d . Sit.e plans, floor plans, mechanical and plumbing plans and details to show all sewers, connections, and appurtenances by size, location and elevation. If deemed necesaary by the City, such plans shall provide for separate ayatema for handling aanitary and industrial wastewater. Nonresidential buildinga may be required to have installed a sewer aamplinc manhole for City acceaa to its wutewater being diacharpd to be installed per City engineering requirements. e . Description of activities, facilitiea and plant proceaNa on the premises, including all materiala which are or could be diacharced. f. Each product produced by type, amount, and rate of production. g. Number and type of employee• and hours of worlr.. h . Any other information deemed by the 9ireNP "f '1:J~tie• CITY MANAGER OR HIS/HER DESIGNEE to be necesaary to evaluate the permit application. C. Industrial Permits. 1. The 9ireeMP CITY shall require a aipificant industrial user to obtain an industrial permit. Proposed new aignificant industrial uaera shall apply at leaat ninety (90) daya prior to connecting to or contributinc to the POTW. Users ahall complete and file with the 9ireeNI-CITY an application in the form prescribed by the Department and accompanied by a fee as may be required, containing information, in addition to that required for a general permit, in unita and terma appropriate for evaluation, aa follows : a . Waatewater Quantity and Quality. Quality characteriatica include , but are not limited to, thoae mentioned in Section 12-2-7 ofthia 40 . , • . .. ,; • • 0 , I -• • • '· Chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, part 136, as amended. b . Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any. C. Where known, the quantity and specific nature of any pollutants in the discharge which are limited by any pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. d . Written description and diagram of existing pretreatment equipment, if any, including, but not limited to , treatment proceBBes , treatment tank dimensions and retention time, chemical supplies, operating personnel and certification, and plumbing diagram of treatment system. e . Compliance Schedule. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the application pretreatment requirements. The following conditions shall apply to this schedule: (l) The schedule shall contain increments ofprogreu in the form of dates for the commencement and completion of major events leading to the conatruction and operation of additional pretreatment required for the user to meet the applicable pretreatment requirements. (2) No increment referred to in subsection Cle shall exceed nine (9) months. f. Any other information deemed by the Bireetet-CITY MANAGER OR HIS/HER DESIGNEE to be necessary to evaluate the permit application. 2 . Permit Modifications. Upon enactment of an NCPS and within the time prescribed thereby, the industrial permit of users subject to s uch standards shall be revised to require compliance therewith. Where a user, subject to an NCPS, has not previously 1ubmitted an application for a permit, the user shall apply for a permit within thirty (30) days after notice of the enactment of the applicable NCPS. The user with an exiating wastewater diacharp permit 1hall 1ubmit to the ~ CITY MANAGER OR HIS/HER DESIGNEE within thirty (30) days after such notice, the information required pursuant to this subsection. The terms and conditions of the permit shall be subject to modification by the ~ CITY MANAGER OR HIS/HER DESIGNEE during the term of the permit as limitations or requirements are modified or other just 41 . ' • .. •· • 0 , ~? I -• • ·, • cause exists as determined by the 9ireetM> CITY MANAGER OR HIS/HER DESIGNEE. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the ~ CITY MANAGER OR HIS/HER DESIGNEE. In the event the discharge permit previoualy granted shall be materially and substantially changed aa determined by the 9ireetM> CITY MANAGER OR HIS/HER DESIGNEE, the person previoualy granted such permit shall make a new application to the City, in the same manner and form as originally made. 3 . Permit Conditions. Permits shall be expreuly subject to all provisions of this Chapter and all other applicable regulations, user charges and fees established 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 mue and/or concentration of wastewater constituents and characteristics. 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 monitorinc prosrama which may include sampling locationa, &equency of sampling, number, types and atandarda for teats and reportinc acbedule . f. Compliance Schedules and Reportinc Requirements. Not later than fourteen (14) day1 fol.lowinc each date in the IICbedule and the final date for compliance, the uaer ,hall 1ubmit a factual prope .. report to the 9iNetef. CITY includina aa a minimum, whether or not the user complied with the increment of pl'Op'el8 to be met on 1uch date . g. Requirements for aubmilaion of technical reportl or discharge reportl. h . Requirements for maintaining and retainin& plant recorda relating to wastewater discharge aa 1pecified by the City and affording City acceaa thereto. i . j . Requirements for notification of the City of any new introduction of waatewater conatituents or any 1ubltantial chanp in the volume or character of the waatewater constituents beinc introduced into the waatewater treatment 1y1tem. Daily average and daily maximum discharge ratea, or other appropriate conditions, when aubltancea 1ubject to limitation and prohibition are propoeed or preNnt in the uaer'1 wutewater discharge. 42 . ' • . .. • • 0 I I -• P' • • k . Requirements for Notification of Slug Discharges. Evaluate, at least once every two (2) years, whether each such significant industrial user needs a plan to control slug discharges. A slug diecharge is any non-routine, episodic nature, including, but not limited to, an accidental spill or a non-cuatomary batch diecharge. The results of such activities shall be available to the approval authority upon request. If the POTW decides that a slug control plan is needed, ·the plan shall contain, at a minimum, the following elements: (1) Deecription of diecharge practices, including non-routine batch diachargea; (2) Description of stored chemicals; (3) Procedures for immediately notifying the POTW of slug diechargea, including any diecharge that would violate a prohibition under 40 CFR 403.5(B), with procedures for follow-up written notification within five (5) days; (4) If necesaary, procedures to prevent adverse impact &om accidental spills, including inspection and maintenance of storage areas, handlinJ and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures £or containing toxic organic pollutants (including aolventa), and/or meuurea and equipment for emergency reapon.ee . l. Requirementa £or eeparate qatema to handle sanitary and ind\18trial wut.ewater, nch that in the event the user's industrial wutewater ia cauainc or could cauae an interference or a potential interference with the POTW , the induatrial wut.ewater could be aevered, preventms diac:barp into the POTW and ltill allowing the uaer'1 aanitary wutewater to diacbarp into the POTW . m . (1) Required When Neoesaary by 9ineter CITY ; Exception. Greue, oil and aand inten:epton ,hall be provided when, in the opinion of the ~ CITY MANAGER OR HIS/HER DESIGNEE, they are necneary £or the proper handling of liquid waates containing creue in exceNive amounts, or any inflammable wutes, sand and other harmful incredients; except, that 1uch interceptors ,hall not be required for private living quart.en or dwelling unite. (2) Construction Specificationa. Greue and oil interceptors •hall be conatructed of impervious materiala capable of withatanding abrupt and enreme chanp1 in temperature . They ,hall be of 1ubatantial comtruction, waterti1ht and equipped with euily removable coven which, when bolted in place, ,hall be suti,ht and watertisht. All interceptors ,hall be of a type and capacity approved by the e.,,_. el \ttilitie1 CITY and ahall be located ao u to readily and eaaily be accesaible f'or cleanins and inapec:tion. 43 . , ' • . .. • • 0 - - • • • • - <. (3) Maintenance by Owner. Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all timee . 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 leu 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) day• prior to the expiration of the user's exiating permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just causes exist. The user shall be informed by any propoaed changes in his permit at least thirty (30) days prior to the efl'ective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any permit may be cancelled or terminated for failure to comply with the requirements hereof. 5. Permit Transfer Prohibited. Permits are issued to a specific user for a specific operation. A permit shall not be sold, traded, assigned, transferred or sublet. D . Monitoring Facilities . 1. The industrial user shall provide and operate, at its expense, monitoring equipment and facilitiee sufficient to allow inspection, sampling and Oow measurements of the building sewer and/or internal drainage syetema . The monitoring facility ahould norm.ally be situated on the industrial user's premisee, but the City may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area , and located so that it will not be obstructed by landacaping or parked vehicles. The facility should be capped with a watertight lid and that facility shall not be located in a street or gutter. 2 . 3. 4 . There shall be ample room in or near such monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility , sampling and measuring equipment shall be maintained at all times in a sale and proper operating condition at the expense of the industrial user. Whether constructed on public or private prope.rty, the sampling and monitoring equipment and facilities shall be provided in accordance with the POTW'a requirements and all applicable local conatruction standards and apecificationa. Conatruction shall be completed within sixty (60) days following written notification by the 9ireeter CITY MANAGER OR HIS/HER DESIGNEE. Whenever required by the lmee• ef \:Jlilitie1 CITY MANAGER OR HIS/HER DESIGNEE, the owner of any property aerviced by a private sewer carrying nonreaidential wastewater shall inatall a monitoring manhole for each aeparate diacharp in the private aewer in accordance 44 . ' • . .. • • • 0 r 32xl - • • ·, • • • with plans and specifications approved by the Division engineer, installed and maintained at all times at the industrial user's expense , which shall have ample room in each sampling chamber to take accurate O.ow proportioned composite samples for analysis. The monitoring manhole shall be aafely, easily and independently acceBBible to an authorized representative of the POTW at all reuonable times. a . Each monitoring manhole shall contain a Palmer-Bowlus flume or similar device approved by the 9ireeMr ef U~11 CITY with a recording and totalizins rqiater for measurement of the liquid quantity; or at the diecretion of the 9iree'8r ef Utmtiie11 CITY MANAGER OR HIS/HER DESIGNEE the metered water supply to the industrial plan may be used as the liquid quantity, or where a measurable adjustment agreed to by the 9iree'8r ef Ytilitiee CITY is made in the metered water supply to determine the liquid waste quantity. b . Samples shall be taken and properly preserved in accordance with 40 CFR 136, as amended, and shall be a representative twenty-four (24) hour sample. Such sampling shall be done as prescribed by the 9ireeter-CITY to ensure representative quantities for the entire reporting period. Certain pollutant parameters such as, but not limited to, cyanide, phenol, pH, oil, grease, and/or chlorine demand which cannot be collected by using a composite sample may be collected by the use of a "grab" sample. c . The frequency of sampling, the monitoring manhole, the metering device , samplin1 methoda and analyaill of sample, ,hall be eubject, at any time, to inepection and verification. d . All meterin& and sample collection ehall be done by the user, City or a private entity and at the requeet of the user or the City, ,hall have a eplit O.ow sample for optional analyeis. e . The industrial user or an approved private entity is required to analyze the sample in accordance with the requirements establiehed in Section 12-2-50 of this Chapter. All testing is at the expense of the industrial user. 5. The 9iree'8r ef UM1iaie11 CITY MANAGER OR HIS/HER DESIGNEE may require that the monitoring facilities be inatalled in a permanently fixed above-ground encloaure. 6 . Subject to the BiN-.,a CITY MANAGER OR HIS/HER DESIGNEE approval, any user may provide or haa the option to contract with the City or any private entity to provide auch service u deemed neceuary, includiq, but not neceuarily limited to, the following : a. Monitoring facilitin b . Inspection and aamplin1 45 ~-,· • I --,,, It "ll, •. • • 0 ' -• t ... • I • - '· c. Laboratory analysis E . Inspection . 1. The 9ireeter eft::leilitie11 CITY MANAGER OR HIS/HER DESIGNEE, me repre11enteei, e11, or representatives of the Metro District may inspect the equipment and facilities of any use.r at any reasonable time to ascertain whether the applicable ordinances, rules and regulations are being complied with. Peraona or occupants of premises where wastewater is created or discharged shall allow the 9ireeter CITY MANAGER OR HIS/HER DESIGNEE, hie repreeen'81i.ee, or representatives of the Metro Diatrict, ready acceee at all reasonable times to all parta of the premises for the purpose of inspection, sampling, records examination and copying , or the performance of other duties. The POTW, Metro Diatrict, State and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so tbs.t upon presentation of suitable identification, personnel from the POTW, Metro Diatrict, State, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 2. While performing the necessary work on private properties, the 9ireeter CITY MANAGER or duly authorized representative of the City shall observe all safety rules applicable to the premises establiahed by the business. F. Failure to Permit Inspection. In the event a duly authori7.ed representative of the POTW ia refused admiasion for any purpose, the 9ifoeetM. CITY MANAGER OR HIS/HER DESIGNEE may cause water service to the premises in question to be discontinued until the POTW repreaentative has been afforded reasonable acceee to the premise• and sewer system to accomplish the inspection and/or sampling. G. Sampling and Analyaia . All analyse• shall be performed in accordance with procedures established by the Adminiatrator pursuant to section 304(g) of the Act and contained in 40 CFR, part 136, and amendments thereto, or with any other teat procedures approved by the Aclminiatrator. Sampling and analysis shall be performed in accordance with the techniques approved by the Admirustrator. H . Confidential Information Provisions. 1. Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits and monitoring prosrama and from inspections ahall be available to the public or other governmental apncy without reetriction unleee the uaer apecifically requests and ia able to demonatrate to the aatiafaction of the 9iNeMlo ef Hlililiee CITY MANAGER OR HIS/HER DESIGNEE that the releaae of such information would divulp information, proceaNI or methoda of production entitled to protection u trade NCretl of 1uch uaer. When requeeted by 1uch uaer furniahins a report, the portiona of a report 46 . , • . ' " I • • I -• • , . • which might disclose trade secrets or secret procesees 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, and/or the pretreatment requirements ; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. 2 . All records relating to compliance with pretreatment standarda shall be made available to officials of the Metro District, EPA or the approval authority upon request. I. The Metro District shall have full authority to act and perform such functions as are provided for in article IV of the special connector agreement between the City and the Metro District. J . Reporting Requirements for Industrial Users. • 1. Notification Requirements. The BireeteP CITY shall notify all affected industrial users of the applicable reporting requirements under 40 CFR. section 403.12 of the Federal General Pretreatment Regulations for Existing and New Sources. 2 . Baseline Report. Within ninety (90) days aft.er the promulcation date of a categorical pretreatment standard, all existing industrial users in such category are required to submit a factual report which contains the information listed in paragraphs (b) (1)-(7) of aection 403.12 of the Federal General Pretreatment Regulations for Existing and New Sources. New categorical industrial ueera are required to submit to the City a factual report which contains the information liated in parqrapha (b) (1)-(5) of section 403 .12 of the Federal General Pretreatment Regulations for Existing and New Sources. 3. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the cue of a new aoun:e , following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the 9ireetet> CITY MANAGER OR HIS/HER DESIGNEE a factual report indicating the nature and concentration of all pollutants in the diac:harp from the regulated proceaea which are limited by pretreatment standards and requirements, and the averap and ma ximum daily flow for those proceu units in the ueer's facility which are limited by 1uch pretreatment standards or requirements. The report shall s tate whether the applicable pretreatment standards or requirements are beinc met on a conaiatent buia and, if not, what adchuonal <>AM and/or pretreatment is neceuary to brine the ueer into compliance with the applicable pretreatment standards or requirements. Thia statement shall be aiped by an authorized repreaentative of the induatrial user and certified to be a qualified profeuional. 47 • . ., •· • 4 : . , I · . I - • -• • • • 4 . Periodic Compliance Reports. a . Any user s ubject to a pretreatment atandard, after tbe compliance date of aucb pretreatment atandard, or, in tbe cue of the diac:harge into the POTW , 1hall 1ubmit to the~ CITY during the montha of June and December, unleea required more frequently in the pretreatment atandard or by the ~ CITY MANAGER OR HIS/HER DESIGNEE, a factual report covering the precediq aix (6) montha and indicating the nature and concentration of pollutant& in the effluent which are limited by aucb pretreatment 1tandarda. In addition, thia report ,hall include a record of averap and maximum daily Oow1 for the reporting period for all replated proceeaes. At the diacretion of the ~ CITY MANAGER OR HIS/HER DESIGNEE and in conaideration of eucb facton u local high or low now ratea, holiday,, budget cyclea, etc., the ~ CITY MANAGER OR HIS/HER DESIGNEE may qree to alter the month& during which the above reports are to be submitted. b . The~ CITY MANAGER OR HIS/HER DESIO NEE may impose ma88 limitationa on usen where appropriate. In such case,, the report required by eub&eetion J4a of this Section shall indicate the maea of pollutant& regulated by pretreatment standarda in the effluent oftbe user. Theae reports shall contain the result& of aampling and analysis of the diac:harge , including the ftow and the nature and concentration, or production and maea where requeeted by the ~ CITY MANAGER OR HIS/HER DESIGNEE ofpollutanta contained therein which are limited by the applicable pretreatment 1tandarda. All analyaea ,hall be performed in accordance with procedure, eetabliahed by tbe Administrator pursuant to aection 304(g) of the Act and contained in 40 CFR, part 136 and amendment& thereto or with any other teat procedurea approved by the Administrator. Sampling ahall be performed in accordance with the technique, approved by the Adminiltrator. 12-2-6: ENFORCEMENT AND PENALTIES: A. Requirement& for All Reports . All report& required by any order of the 9iNew-CITY , wutewater contribution permit&, this Chapter and/or State or Federal law will be made promptly in accordance with any preacribed time requirement&. Such reporta will be complete and thorouch, and they will accurately and truthfully report facta u they emt an<\ any concluaiona in such reports will be reaponaive to and con1i1tent with the 10urce data in the report. It ii a violation of this Chapter if any ,ucb required report is not 1ubmitted or, if submitted, ii inaccurate , containa untrue information, or ii not re1pon1ive, accurate or truthful in whole or in part. Any act or failure to act prohibited by this eubaection may be deemed to have occurred or to have been committed at the place at which the report ii or 1hould have been initiated or at the place where the report ii or 1hould have been received . 48 . , •, .. • • 0 I - • • • • <. r B. Enforcement Authority. The~ CITY MANAGER OR HIS/HER DESIGNEE may adopt procedures and rules for the implementation and administration and shall enforce the provisions contained herein. C . Notification of Violation . Whenever the ~ CITY MANAGER OR HIS/HER DESIGNEE finds that any person hes violated or ia violating this Chapter, or any prohibition, limitation or requirement contained herein, he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) daye, for the satisfactory correction thereof. A meeting with the ~ CITY MANAGER OR HIS/HER DESIGNEE may be echeduled at the request of the violating person or the ~ CITY MANAGER OR HIS/HER DESIGNEE to discuss the violation and/or a eatisfactory correction schedule . D. Methods of Notification. Any notification required herein shall be served either personally or by registered or certified mail. E . Suspension of Service . The City may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is neceB88ry , in the opinion of the 9ireeleP CITY MANAGER OR HIS/HER DESIGNEE, in order to atop an actual or threatened dischsrge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW , or causes the POTW or the Metro District to violate any condition of its NPDES permit. Any person notified of suspension of the wastewater treatment service and/or the wastewater discherge permit shall immediately stop or eliminate the discharge . In the event of a failure of the user to comply voluntarily with the suspension order, the ~ CITY MANAGER OR HIS/HER DESIGNEE may take such steps as deemed neceB1ary , including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The 9ireeleP CITY MANAGER OR HIS/HER DESIGNEE shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge . The user shell pay all POTW coats and expemee for any such suspension and reetoration of service. A detailed written etatement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the ~ CITY MANAGER OR HIS/HER DESIGNEE within fifteen (15 ) days of the date of occurrence . F . Permit Revocation. Any user who violates the following conditions hereof, or applicable State and Federal regulations, is subject to having his permit revoked : 1. 2 . 3 . .. Failure of the user to comply with the provisions in aubeection 12-2-5A2a of this Section. Failure of a user to report factually the wastewater constituents and characteriatica of its diacharpa; Failure of the user to report 1ignificant change, in operations or wastewater constituentl and chsracteriatica; 49 ' ' - i ',, • . ' ' .. •. •· . , • 0 f 32xl - • • • - <. 4 . Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; 5 . Violation of conditions of the permit or this Chapter or any final judicial order entered with respect thereto; 6 . Failure to pay any fees or charges; 7. Tampering with, disrupting, or destroying City equipment as determined by the ~ CITY MANAGER OR HIS/HER DESIGNEE, which determination shall be conclusive; 8 . 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 equitable 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. Civil Liability for Expenses. Any person violating the provisions herein shall be liable for any expense, Jou or damage caused the City by reason of such violation, including the increased costs, if any, for managing effluent and/or sludge. The person shall also be liable and pay all attorney fees , court coats, and expenses neceaaary to enforce any provision of this Code . The ~ CITY MANAGER OR HIS/HER DESIGNEE shall add such charge to the discharger's treatment charge. J . 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 1uch Wier shall be fully liable for the total amount of the fine aseeaaed apinlt the City by EPA and/or the State. K. Crimi nal Penalty and Fines. l. 2 . Any person who violates any condition of the permit, 9il'eeter'a CITY MANAGER OR mSJHER DESIGNEE'S order, or any provision of this Chapter shall be subject to a fine of not more than two thousand dollars ($2 ,000.00) or by imprisonment in the County jail for a period not to exceed one (l) year or by both such fine and imprisonment for each violation. Each day in which any violation shall continue shall be deemed a separate offense. Any fine and/or any jail sentence imposed under the provisions of the foregoing subsection Kl of this Section may be suspended for any period not to exceed three (3) years. 50 ' '• . , • . .. \ • • 0 '32xl - • • 0 • L . Civil Penalties. In addition to any other penalties provided herein, the City may recover reasonable attorney's fees , court costs, court reporters' fees, and other expenses of litigation by appropriate legal action against the user found to have violated any provisions herein, or the orders, rules , regulations, and permits issued hereunder. The Attorney for the City, upon request of the City Council, shall petition an appropriate court to impose, assess, and recover such sums. Any person who shall violate any condition of the permit, Biree!11r 'a CITY MANAGER OR HIS/HER DESIGNEE'S order, or any provision ofthia Chapter shall be subject to immediate disconnection of the sewer servicing the property upon or in connection with which the violation occurred. M . Appeal Procedure and Order. Any permit applicant, permit holder, or other user affected by any decision, action, or determination, including cease and desist orders, made by the City other than any judicial action filed or under litigation in any court including the Englewood Municipal Court, or any permit issued hereunder, may file with the Btree!&rCITY MANAGER OR HIS/HER DESIGNEE a written request for reconsideration and a stay of the decision within ten (10) days of such decision , action, or determination, setting forth in detail the facts supporting the request, whereupon the ~ CITY MANAGER OR HIS/HER DESIGNEE shall hold a hearing. The request for reconsideration shall be acted upon by the Biree!M' CITY MANAGER OR HIS/HER DESIGNEE within ten (10) days from the date of filing . The decision, action or determination may be stayed during such period of review by the Biree!IIP CITY MANAGER OR HIS/HER DESIGNEE. N . 0 . If the decision of the Biree!IIP CITY MANAGER OR HIS/HER DESIGNEE is unsatisfactory to the person appealing, he may file a written appeal to the Water and Sewer Board within ten (10) days after receipt of the decision. The Wat.er and Sewer Board may hear the appeal and shall make a final ruling on the appeal within thirty five (35) days of receipt of the user's written appeal. The decision , action or determination of the Biree!M' CITY MANAGER OR HIS/HER DESIGNEE may be stayed during such period of review by the Water and Sewer Board. After the Water and Sewer Board bas reviewed the evidence , it may issue an order to cease and desist to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities , devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The decision of the Water and Sewer Board shall be binding on all entities and the user until end unless ruled otherwise by an appropriate court. Falsifying Information: No user shall knowingly make false statements, representations or certifications in any application, report, plan or other document filed or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or falsify , tamper with, or render inaccurate any monitoring device or method required herein. Publication Of Noncompliant Users: The City shall annually publiah in the largest Englewood newspaper a list of the users which were in significant noncompliance with any pretreatment requirements or standards during the twelve (12) previous months. .. V 51 ... . . •. .. •· • 0 '32 x l - • • • t• • '· 12 -2-7 : LIMITATIONS ON DISCHARGE : A. Discharge Of Pollutants: No person shall discharge any pollutant in excess of the following : PoHut,aot Qr PoHut,ant Property Arsenic, Total (As} Cadmium, Total (Cd) Chromium VI (Hex Cr) Copper, Total (Cu) Lead, Total (Pb) Mercury, Total (Hg) Molybdenum (Mo) Nickel. Total (Ni) Selenium (Se) Silver, Total (Ag} Zinc, Total (Zn) Maximum Concentration Daily Axerau mg/J 2 .2 0 .327 0 .698 4 .0 2 .7 0.0004 5 .5 2.4 0 .989 0 .4 36 .2 B . Special Conditions May Be Granted: Industrial allocations may be approved under special conditions as determined by the 9it"eNr ef ~ CITY MANAGER OR HIS/HER DESIGNEE. The maximum daily allowable industrial loading shall be allocated through significant industrial user permits. The total loading to all permitted industrial users shall not exceed the level specified below . Changes in local limits due to increased or decreased loading in the service area may cause a change in allocations granted under these special conditions. Industrial users shall monitor and report daily flows as required by the wastewater contribution permit. Allocations may be revoked by the 9it"eeteP CITY MANAGER OR HIS/HER DESIGNEE and shall not be considered property rights. Pollutant Qr Pollutant Property Arsenic, Total (As) Cadmium, Total (Cd) Chromium VI (HEX Cr) Copper, Total (Cu) Lead, Total (Pb) Mercury, Total (HI) Molybdenum (Mo) Nickel, Total (Ni) Selenium (Se} Silver, Total (Ag) Zinc, Total (Zn) 52 Daily Maximum Allowable Induatrial Ipad Q,he{Day} 10.559 1.558 3 .331 19 .181 12 .789 0 .00193 26 .286 11 .634 4 .719 4 .727 173.047 ..... ~~ ' . , ' • • • 0 1 · • 'I ' . '32 x l - • • • • ·, • ' ,.. • C. Underground Storage: Petroleum underground storage tank remediation projects which have caused contamination to ground water and have been authorized to discharge treated ground water to the P01W shall meet the following standards for maximum concentration daily average in ug/1 : Benzene, toluene, ethylbenzene, xylenee , total (BTEX) Benzene 750 ug/1 50 ug/1 D . Organic Compounds: Volatile organic compounds and semi-volatile organic compounds shall be determined on a cue by case basis using the Littleton/Englewood policy for local limits for volatile and semi-volatile compounds. The Littleton/Englewood policy shall reflect EPA guidance on Development And Implementation Of Local Discharge Limitations Under The Pretreatment Program and beet available treatment technologies (BAT). E . Compliance With Federal Act: When necessary for compliance with the Federal Act for the achievement of technology-baaed effluent limitations, the Bifeeter. CITY MANAGER OR HIS/HER DESIGNEE may exercise beet profeBBional judgment (BPJ) in establishing effluent limitations on a caae-by-case basis for individual permits granted pursuant to Section 12-2-3. Technology-baaed effluent limitations baaed on best profeBBional judgment (BPJ) shall be made only for good cause and in the absence of Federally promulgated pretreatment standards or local limitations on discharge . F . Effluent Limitations: Effluent limitations established through the exercise of best profeBBional judgment (BPJ) shall be made after considering the availability of appropriate technoJocy , its economic reaeonableneBB, the age of equipment and facilities involved, the proceBB employed, and any increase in water or energy consumption. G . Compliance Required: Sipificant induatrial uaera located in Englewood but discharging to the Metro District shall comply with the local limits of the Metro District or ofthia Chapter, whichever is more stringent. 12-2-8: SEWER TAP FEES: A. At the time of filing the application, sewer tap feea shall be paid in accordance with the following schedule : Water Meter Siu Sewer Tap Fee 3/." or leBB $ 1,400.00 l" 2,333.00 11/2" 4,667.00 2" 7,467 .00 3" 14,932.00 4" 23,332.00 6" 46,667.00 8" 74,667 .00 10" 107 ,332.00 53 .. . . ' ' • •. • ' ' . . • 0 , -• "' -. • • '· For multi-family units, hotels, motels and mobile home courts, the total tap fee shall not be leBB than one thousand four hundred dollars ($1 ,400.00) per dwelling unit. If the fee determined by the water meter su.e from the above schedule is greater than the fee determined by the minimum charge of one thousand four hundred dollars ($1 ,400.00) per unit, then the greater fee , as determined by meter size, shall prevail. B. At the time of filing an application for a sewer tap permit, sewer tap fees for the following properties shall be increued by the addition of a surcharge to the sewer tap fees established by subsection A of thia Section according to the established surcharge schedule: C. • 1. Properties within the City which are not in an established sanitation district. 2. Properties outside the City which are tributary to the Northeast Englewood Relief Sewer System which are not exempted by agreement from sewer tap surcharge. The established sewer tap fee surcharge is: Water Met.er Sip: ,, .. l" l 1/1" 2· 3· 4• 6 " s· 10· Sewer Tap Fee $ 500.00 833.00 1,667.00 2 ,667 .00 5,333.00 8 ,333.00 16,667.00 26,667.00 38,333.00 For multi-family units, hotels, motels, mobile home courts and other multiple dwelling units, the sewer tap fee surcharge ehall not be leBB than five hundred dollars ($500 .00) per dwelling unit. If the surcharge established by the water meter size from the above aurchaJile schedule is greater than the fee of five hundred dollars ($500 .00) per dwelling unit, the greater fee shall be charged. 3. Properties that connect to the Big Dey Creek interceptor ayetem ahall pay a sewer tap aurcharge fee in the aum of three hundred dollars ($300.00) per single-family reaidential equivalent tap in addition to all other charges. The actual coat of any aewer main extension shall be recorded in the utilities office . Where such coat has not been paid, it ,hall be added to the plant assesament fee to arrive at a total amount due. New 1ewer extenaion coats shall include the actual coat of construction plua ten percent (10%) to defray coats of engineering. The total coata ,hall be uaelNd in proportion to the front footage of the property aerved. 54 • . ., •· , ' . . , 0 • xi - • • • t• • . (. D. Where a proposed tap will serve property for which a previous assessment has been paid, the previous tap fee shall be credited against the current tap fee in calculating the balance of the fee due . E. Nothing in this Section shall be construed to alter the rates or terms contained in the connector's agreements heretofore existing between the City of Englewood and sanitation districts. F . No tap shall be made to the P01W without payment of the tap fees . Failure to pay fees before tapping to the POTW shall result in tap fees being doubled. Any fee or charge not paid shall constitute a lien on the subject property and be collected lilr.e taxes. 12-2-9: CONSTRUCTION OF SEWERS; EXTENSION OF MAINS ; COSTS ; INSPECTION: 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 , industrially zoned lands within the City, the 9ireet6P CITY MANAGER OR HIS/HER DESIGNEE may require that the applicant or user extend the collection main at his own cost and expense, subject to an equitable method of recovery of costs. B. 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 coets of comtruction 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. C . Quality control of privately constructed collection mains feeding the City treatment plant shall be aaaured by on-site inspectors provided by the City of Englewood Department of Utilities, which agency shall include the monitoring of collection main construction and the lamping of mains when construction is complete . Charges for these services shall be billed to the responsible contractor, as follows : 1. 2 . Inspection (one man); weekdays After normal duty hours, weekends and holidays 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. TAPPING OF MAINS NOT OWNED BY THE CITY When an application is received for connection to mains or facilities not owned or controlled by the City, a permit for said connection will be IJ'&nted 55 ,,, - • I ' .. •· • 0 , - - • -- ... . • t• • only in those cases in which the Department of Utilities shall have been duly authorized, in writing, by the owner in control of such main or facilities to grant such permit. 12-2-10: MISCELLANEOUS: A. Conflict. All other ordinances and parts of other ordinances inconaiatent or conflicting with any part of this Chapter are hereby repealed to the extent of such inconaiatency or conflict. 8 . Severability . If any provision, paragraph, word, or aection of thia Chapter ia invalidated by any court of competent jurisdiction, the remaining proviaiona, paragraphs, words, and sections shall not be affected and shall continue in full force and effect. Introduced, read in full, and pasaed on first reading on the 5th day of October, 1998. Publiahed as a Bill for an Ordinance on the 9th day of October, 1998. Read by title and pused on final reading on the 19th day of October, 1998. Publiahed by title as Ordinance No. ~ Series of 1998, on the 23rd day of October, 1998. ThomuJ. Burna , Mayor ATTEST: Loucriahia A. Ellie, City Clerk I , Loucrishia A. Ellie, City Clerk of the City of Enpewood , Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paued on final reading and publiahed by title aa Ordinance No . ~ Series of 1998. Loucriahia A. Ellie 56 ' . . , .. • . ' .. • • 0 , 2 I • • ORDINANCE NO ._ f SERIES OF 1998 • • • ~. BY AUTHORITY /r CO UNCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A SETTLEMENT OF AND AUTHORIZING THE SIGNING OF DOCUMENTS FOR THE SETTLEMENT OF GESIN vs cr:n: OF ENGLEWOOD ET AL .. WHEREAS , the owner of the property located at 3605 South Bannock Street, Englewood applied for a building permit to enlarge or remodel the structure ; and WHEREAS , in the course of review it was found that the existing residence encroached a total of four square feet (4') into the City of Englewood's Right-Of-Way for the City Ditch and any increase in the size of the structure would further encroach into the Right-Of-Way ; and WHEREAS, the owner sued the City in a quiet title action concerning the property saying the property was hers and the City was exercising control without due process of law and the City counterclaimed for a determination of exact boundaries among other claims; and WHEREAS, the parties have reached a settlement in the lawsuit in which the City Quit Claims four square feet (4') under the current structure which allows the owner to maintain the current residence ; and WHEREAS, the City also gives the owner a standard City Ditch License to use another 1,617 square feet of the Right-Of-Way as lawn only; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon I . Pursuant to the Settlement Agreement the Englewood City Council he re by approves the following documents: Lice nse Agreement -attached hereto as Exhibit A; Quit Claim Deed -attached hereto a s Exhibit B; and Mutual Release and Settlement Agreement -attached hereto as Exhibit C . Sectjon 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Quit Claim Deed and the Mutual Release and Settlement Agreement for and on behalf of the City of Englewood , Colorado . Sectjon 3. . The Director of Utilities and the Chairman of the Englewood Water and Sewer Board are authorized to execute the License Agreement for and on behalf of the City of Englewood , Colorado . -1 - •• ' ' , 10 b ii .. •· • 0 'a2 x l -• ,.. • . • ' Introduced, read in full, and paased on first reading on the 21st day of September, 1998. Published as a Bill for an Ordinance on the 25th day of September, 1998. Read by title and passed on final reading on the 19th day of October, 1998 . Published by title as Ordinance No ._, Series of 1998, on the 23rd day of October, 1998. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pueed on final readinc and published by title aa Ordinance No. ~ Serie• of 1998. Low:rishia A. Ellia -2- ' . ' .. • . . ' .. • • 0 , ':l? ')( I - • • • • LICENSE AGREEMENT nns LICENSE AGREEMENT. made and emered into as of the --day of September, 1998, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and Tera ·~ Gesin a/k/a Tera M Poynter 3605 South Bannock Street, Englewood, Colorado 80110 hereinafter referred to as "Licensee,· WITNESSETH : The City without any warranty of its title or interest whatsoever, hereby grants the following license to Licensee for the following : A parcel of land beina a pan of die land laloWII u Ciiy DilCh, loaa:d ill a ponion of die Northeast Quaner of die Northwest Quaner of Seclioa 3, ToWlllbip 5 Soudl, Raap 68 West, of die Sixth Principal Meridian, Ciiy of En&lewood, Coumy of Anpaboe, Scare of Colorado. beina more particularly described u follows: Beainning at die Nonheas1 comer of Lot 14, Block 3 of die Enalewood Heipa Subdivision, said point also bein1 a point on the Soudleut lillc of said Cicy DilCh ; I. Thence South 46000'00" West, &loas aid Soudle&ll line , a dimocc of 111.12 feet; 2 . Thence South 55°30'00" West, COlllimaiDa aJoac said Soulbcasl liDe, a cliswlce of 53 .49 feet, to a point on the North-SI line of Lot 12 . Block 3 of said Enclewaod Hcipa Subdivision; 3. Thence North 01018'35" West, lcaviDI said Sou1bcut 1iDe oflbc City Diu:b 11111 said Northwest line of said Loi 12, a disim:e of 10 .69 feet, ro !be illteneclioo of feoccs; 4 . Thence North SQ013'39· East, aJoac a Cence line, a diswx:e of91.18 feet; S . Thence North "8016'-lS" East. collliauiq aloa, said fence line, a dimoce of 19.99 feet; 6 . Thence North SOOOS'-'8" East, colllDlllina aJoa, said fence liDe , a cliswlce of 49.44 fft1; 7 . Thence South 11026'22" East, a diswlce of 6.68 feet, to the poim of 'Be1iolliD&, c:omainina 1.617 square feet, more or less . The basis of bearinas was formed between 2 pin 11111 c:apa oa die Soudieut Um of said City DilCh, bci111 Soudl 46000'00" WeSI. • X H I • + A • . •· • 0 , • • • • 1. Licensee is granted an exclusive license to the Licensed Property subject to the provisions of this Agreement. In addition, Licensee is granted the following specific rights subject to all provisions contained in this Agreement; to wit: a . The existing Residential Structure and/or its foundation located on lots 13 and 14, Block 3, Englewood, Colorado, (the "Residential Strucrure") will not be removed by the City . b·. The right to maintain and repair the existing Residential Structure and/or its foundation, within the boundaries of Lots 13 and 14 , Block 3, as they are defined and described in the surveyor's plat attached hereto as Exhibit A. It is understood and agreed that no part of the Residential Structure is located on the Licensed Property . c . The right to rece ive a variance from the City for a set back, the purpose of which is to place additional foundation to the existing structure . d . The right to any use of the Residential Structure, Lots 13 and 14 and Licensed Property as specifically permitted under current R-3 zoning . 2 . In granting this License, the City reserves the right to make full use of the Licensed Property as may be necessary or convenient in the operation of the City and the City retains all right to operate , maintain, install, repair, remove or relocate any of its facilities located within the Licensed Property, at any time, and in such a manner as it deems necessary or convenient. In the event Licensee makes structural improvements on the Licensed Property and such SttUCtural improvements should interfere with the City's use or operation of the Licensed Property, at any time hereafter , Licensee shall, upon request by the City at Licensee 's sole expense , immediately relocate, rearrange or remove such structural improvement so as not to interfere with any such City use ·and to remove the structural improvement of Licensee when necessary or convenient for the City, its successors and assigns . 3 . Subject to the provisions contained in paragraphs 1 and 2, the City shall have the right to maintain , install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the Licensed Property at any time and in such manner as the City deems necessary or convenient. The City reserves thc exclusive right to control all easements and installations . 4 . The Licensee shall have the right to maintain and improve the Licensed Property including, but not limited to, planting and trimming grass and/or bushes, • ...... - ' ' •· , • C - - • • • \ • • fertilization and irrigation, and removal of trash and brush. Licensee is not permitted to consuuct any permanent structure(s) or encroach upon the Licensed Property in a manner not permitted UDder this License Agreement. 5 . Access to the parcel by City personnel must be maintained by Licensee for inspection and maintenance . 6. No construction of permanent sauctures shall be allowed. 7. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obiigatiqn to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 8. The rights granted Licensee hereunder may not be assigned to subsequent purchasers of Lots 13 and 14, Block 3, Englewood, Colorado, without the written consent of the City; however, consent by the City to assignment of this License may not be unreasonably withheld. 9 . Licensee shall comply with all applicable state or federal laws and ordinances and all rules, regulations and requirements of any environmental standards and conditions applicable to the City Ditch or City Right-of-Way . If. as a result of the Licensee's occupancy of the premises and its operation hereunder, any such law, ordinance, rule or regulation is violated, Licensee shall protect, save hannless, defend and indemnify the City from and against any penalties, fmes, costs and expenses including legal fees and court costs incurred by the City, caused by, resulting from or connected with such violation or violations, and this License shall terminate immediately . This provision shall not, however, operate to relieve the City of any liability it may have UDder any srate or federal law for release of any hazardous material or waste for which the City may be liable . IN WITNESS WHEREOF, this instrument bas been executed as of the day and year first above written . APPROVED : Stewan Fonda APPROVED AS TO FORM CITY OF ENGLEWOOD acting through and by its Water and Sewer Board By : Chairman-.----------- LICENSEE 'I •, .. •· • 0 ,., ' I '1l • I - • • 0 • QUIT CLAIM DEED nns DEED made this __ day of September, 1998 , between the CITY OF ENGLEWOOD, a municipal corporation, whose address is 3400 South Elati Street, Englewood, Colorado (hereinafter "Graotor") and Lera M . Poynter, whose address is 3605 South Bannoclc SIICCt, Englewood , Colorado (hereinafter "Grantee"): W I T N E S S E T H: That the Grantor, for and in consideration for the dismissal of Civil Action No . 97CV3608 styled Lera M. (dsin a/le/a Lera M. Poynur 11. City of Englewood, et al. and Settlement Agreement and Release dated __ day of , 1998, and incorporated by reference herein , the receipt and sufficiency of which is hereby acknowledged, by the presents docs remise, release. sell , convey, and Quit Claim unto Grantee, her successors and assigns forever all the rights, title, interest, claim and demand which the Grantor has in and to the following described real property , lying and being in the City of Englewood and State of Colorado , described as follows : A parcel o f land being a pan of the land known u City Ditch, located in a portion of the Northeast Quarter of the Northwest Qtuncr of Section 3. Township 5 Soudl , R&qe 68 West. ofdle Si.xlb Principal ~eridian. City of Englewood . County of Anpahoe , State of Colorado, bein& more particularly described u follows : Commencing at the Northeast comer of Lot 14 , Block 3 of die En,lewood Hei&hts Subdivision, said poim also being a point on the Soudleast line of said City Ditch ; Thence Soudl 46c()()'00 " West, &10111 die Soulbeast line of said City Dttch and &J ona the Northwest line of said Lot 14 , a diswlce of 61 .~ Cttt. ID die True Poim of Be1UJDU11; lbrnce &J ong the following four (4) courses; I ) South J6cOO'OO " West, &Jong the Soutbeut line of said City Ditch . a diswlce of 2.00 feet; 2.) S orth ~=oo ·oo · West. leaving last said Soutbeut line. a diswlcc of 2.00 feet : 3.) No rth "6•00 ·00· East . &Jong a line parallel widl said Soudleut line . a diJwlce of :?.00 feet ; 4 .) So uth ~:oo ·oo · East , a distance of2 .00 feet. to die True Point of Be1inninc . conrainin& 4 square feet, more or less . The basis of be arings was formed between 2 pin and c:aps on die Soulbeast line of said C ity Ditch, beiq Soudl 46c()()'OO" West . The above described parcel is c onveyed for purposes of maioraioiog the foundation to the re sidential structure at 3605 South Bannock Street, Englewood, Colorado . If and when the parcel ceases to be used for this purpose it shall immediately reven to the City of Englewood, State of C olorado . TO HA VE AND TO HOLD the same, together with all and singular the appuncoaoccs and privileges thereunder belonging or in anywise thereto appcnaining. and all the estate, right, title , interest and claim whatsoever, of the Graotor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their successors and assigns forever . -• ' :, H I • I T B .. •· • 0 '32 x l - - • • • • .. above . IN WITNESS WBEllEOF, the Grantor bas executed this deed on the date set forth THE CITY Of ENGLEWOOD By: __________ _ ATI'EST : STATE OF COLORADO ) ) ss. CITY OF ENGLEWOOD ) Acknowledged, subscribed, and sworn to before me this day of -----· 1998, by , as -of the City of Englewood. WITNESS my band and official seal. My commission expires: ---------- Nowy Public AfTE1l JtECOllDINO PLEASE MAD-TO : TIie Cily of EapwOOd ,.00 Soudl Elaci Screct EasieWODd, Colondo 80110-2304 AIID : City Al1Dffl/l'J . . ' . . ,, • . ' ... ""' .. • • 0 -• • - .. EXHIBIT SC..,.LE : 1. • 20 ' 2 STORY BRICK 4< F'RAME HOUSE LINE BEARINC DISTANCE LI S 46i>O'OO" W 2.00' L2 N 44'00'00' W 2.00' LJ N 46'00'00" E 2.00' L4 S 44'00'00" E 2.00' ROCKY WOUNTAIN CONSULTANTS, INC . Sl0 • C ~• ._. "-'• 101 ... 00700 LOT 14 2.0')( .7' PL,a.NTER I.CT 13 LOT 12 ... w w cc ... CD 11mc 'I • . • • 0 - • • 6'- • I• . -' -~, u MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Murual Release and Settlemcm Agreement made and entered iDlo this __ day of September, 1998 , by and between Lera M . Gcsin a/le/a Lera M . Poymer ("Plaintiff") and The City of Englewood, ("Defendant The City of Englewood"). RECITALS A . Plaintiff filed a Complaint against seveRl defendants in the Arapahoe County District Court , Civil Action No . 97 CV 3608 , entitled Lera M. Gesin a/k/a Lera M. Poynter v. Ciry of Englewood, et al. (the "Complaint "), which Complaint arose out of a dispute concerning ownership and title to a parcel of real property located within the City of Englewood , within an area commonly known as the "Englewood City Ditch " or "Right-of-Way · (hereinafter referred to as the City Right-of-Way ). In the Complaint, Plaintiff sought a judicial declaration under C .R .C .P . 105 that Plaintiff was the exclusive owner and exclusive title holder to a specific parcel of property comaincd within the City Right-of-Way . Defendant The City of Englewood filed certain counterclaims for trespass and declaratory relief under C .R .C .P . 57 as pan of this civil action. B. Upon the tenns and conditions set forth below, the panics desire to enter into this Murual Release and Senlement Agreement in order to discharge all claims of Plaintiff which are , or might have been, the subject matter of the Complaint, and all claims of Defendant The City of Englewood, which are the subject matter of the Counterclaims contained in the above described Civil Action . AGREEMENT The parties agree as follows : 1.0 Release and Discharie 1.1 In consideration of the execution for a License Agreement and Quit Claim Deed as set forth in Section 2, Plaintiff hereby completely releases and forever discharges Dcfendams from any and all past, present or future claims, demands , obligations , actions, causes of action, riahts , damaaes, costs, losses of services , expenses and compensation of any lll1Ul'e whatsoever , whether based on a ton, contract or other theory of recovery, which the Plaintiff now bas, or which may hereafter accrue or otherwise be acquired , on account of, or may in any way grow out of, or which are, or which could be , the subject of the ComplaiDl (and all related pleadin&5). • • • ... I • I T C . , • . .. •· • 0 f • • • . ' • 1.2 This release and discharge shall also apply to Defendants' past. present and fururc officers , directors , council persons, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, predecessors and successors in interest, and assigns and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. 1.3 The Plaintiff acknowledges and agrees that the release and discharge set forth above is a general release . Plaintiff expressly waives and assumes the risk of any and all claims which exist as of this date, but of which the Plaintiff does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise. and which, if known, would materially affect Plaintiff's decision to enter into this Murual Release and Senlement Agreement . 1. 4 It is understood and agreed to by Plaintiff that this settlement is a compromise of a disputed claim. 1.5 This release shall be a fully binding and complete settlement among the Plaintiff and Defendant , and its heirs, assigns , and successors, forever . 2.0 Consideration 2 .1 In exchange for consideration described herein. Defendant Cjcy of Englewood agrees to the following : a . Contemporaneously with the execution of this Murual Release and Settlement Agreement , Plaintiff and Defendant The City of Englewood, have executed a License Agreement providing that Plaintiff shall have the exclusive use of a parcel of the City Right-of-Way property adjacent to her property , and in accord with the terms of the License Agreement . The licensed property is described and set forth in the License Agreement attached to this Release as "Exhibit A· and is incorporated by reference as if fully set forth herein . b . Contemporaneously with the execution of this Murual Release and Senlement Agreement , Defendant The City of Englewood shall execute a Quit Claim Deed granting ownership of a parcel of real property to Plaintiff for the purposes of reinforcing existing foundation to the current residential structure . A copy of the Quit Claim Deed is attached hereto as Exhibit "B • and is incorporated by reference as if fully set forth herein . c . Dismissal with prejudice of all counterclaims or causes of action which could have been pleaded against Plaintiff, in a lawsuit now filed in the Arapahoe County District Court for the District of Colorado, under Case No . 97 CV 3608 entitled ura M. Gtsin al1cla Ltra M. Poynltr v. City of Engltwood, tt al. 2 ...... • I .. ' .. •· • 0 - • • • t• • 2 .2 In exchange for consideration described herein, Plaintiff agrees to the following: a . Dismissal with prejudice of all claims and causes of actions which could have been pleaded against the City , in a lawsuit now filed in the Anpahoc County District Court for the District of Colorado, under Case No. 97 CV 3608 entitled Lera M. ~sin a/1c/a ura M. Poynter 11. City of Englewood, et al. 3 .0 Attorney's Fees Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with the Complaint, this Mutual Release and Settlement Agreement and the matters and documents referred to herein, the filing of a Stipulated Motion of Dismissal of the Complaint, and all related matters . 4.0 Delivery of Dismissal Without Prejudice Concurrently with the execution of this Mutual Release and Settlement Agreement, Plaintiff shall deliver to counsel for the Defendant an executed Stipulated Motion for Dismissal With Prejudice of the Complaint . Plaintiff hereby authorizes counsel for the Defendant to file said Motion with the Court and enter it as a matter of record. 5 . 0 Representation of Comprehension of Document In entering into this Mutual Release and Scttlemcm Agreement. Plaintiff and Defendant represent that each of them has relied upon the advice of individuals and/or attorneys, who arc individuals of their own choice, concerning the legal consequences of this Murual Release and Settlement Agreement; that the terms of this Murual Release and Settlement Agreement have been completely read by Plaintiff and Dcfcodant; and that the terms of this Mutual Release and Settlement Agreement arc fully understood and volunwily accepted by Plaintiff and Defendant. 6. 0 Governing Law This Mutual Release and Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Colorado . 7 . 0 Entire Agreement and Successors in Interest This Mutual Release and Settlement Agrccmcm contains the entire agreement between the Plaintiff and the Defendant with regard to the matters set forth in it and shall be binding upon and cnure to the benefit of the executors, admioisrrators, personal representatives, heirs, successors and assigns of each . .. .... 3 • • ' ' .. •. •· , . ' • 0 I - - • • • (' 8. 0 EffectiTeDes.1 This Mutual Release and Settlement Agreement shall become effective irnrnecfiarely following execution by Plaintiff and Defendant. the City of Englewood. STATE OF COLORADO COUNTY OF ARAPAHOE Lera M. Gesin. Plaintiff By : ) ) ss. ) Subscribed and sworn to before me on this __ day of September, 1998, by WITNESS my band and official seal. My Commission expires: ------- STATE OF COLORADO COUNTY OF ARAPAHOE Notary Public Lera M. Poynter, Plaintiff Lera M. Poymer ) ) ss . ) Subscribed and sworn to before me on this __ day of September, 1998, by WITNESS rny band and off"acial al. My Commission expires: ------- Nowy Public .. •· • 0 - - • • • The City of Englewood, Defendant STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss . ) Subscnl>ed and swom to before me on this __ day of Sepcember, 1998 , by WITNESS my band and official seal. My Commission expires : ------- Nowy Public ---------' .,• . ' .. . ' • . ' • • 0 - ' • . ' ORDINANCE NO. _ SERIES OF 1998 • • • BY AUTHORITY COCNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINAJ.\JCE APPROVING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO A LONG-TERM ECONOMIC DETERIORATION IMPLEMENTATION GRANT TO DEMOLISH A PORTION OF THE PARKl~G STRUCTURE AT THE FORMER CINDERELLA CITY SITE BETWEEN THE CITY OF ENGLEWOOD , ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), COLORADO STATE HISTORICAL SOCIETY AND THE ENGLEWOOD ENVIRONMENT AL FOUNDATION. WHEREAS , the Economic Development Administration (EDA) has det.ermined that the Cinderella City Redevelopment Project in Englewood, Colorado with a federal contribution of $800,000 out of a total project cost of $1,069,000, will have an effect upon the Cinderella City Mall , a property eligible for listing in the National Register of Historic Places; and WHEREAS , EDA has consulted with the Colorado State Historic Preservation Officer (SHPO) pursuant to 36 C.F .R. Part 800, regulations implementing Section 106 of the National Historic Preservation Act (1 6 U.S .C . §470F) AND §UO(t) of the same act; and WHEREAS , the City of Englewood (City) and the Englewood Environmental Foundation (Foundation) have participated in the consultation, and also have been invited to concur in this Memorandum of Agreement: and WHEREAS, the City Council of the City of Englewood. Colorado authorized the filing of the application with the U.S . Economic Development Administration: Title IX Economic Adjustment Asaistance Grant to fund aaaistance to demolish a portion of the concrete parking structure on the Cinderella City sit.e by the paB88ge of Resolution No . 84 . Series of 1998; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Sectjop 1. The Intergovernmental Agreement pertaining to a Long-Term Economic Deterioration Implementation Grant to demolish a portion of the parking structure at the former Cinderella City sit.e between the City of Englewood , Economic Development Administration (EDA), Colorado State Historical Society and the Englewood Environmental Foundation, attached as "Exhibit A", ia hereby accepted and approved by the Englewood City Council. Sectjop 2. The City Manager ia authonz.ed to execute and the City Clerk to attest and seal the Memorandum Of Agreement for and on behalf of the City of Englewood, Colorado. • I • ..... ' . ' ' • ' 10 b iii I· • 0 - • • • • • <. Introduced, read in full . and pa811ed on first reading on the 5 .. day of October, 1998 . Published as a Bill for an Ordinance on the~ day of October, 1998. Read by title and passed on final reading on the 19th day of October, 1998 . Publiahed by title as Ordinance No . ~ Series of 1998, on the 23rd day of October, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A . Ellis, City Clerk I , Loucriahia A. Ellia, 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 1998. Loucriahia A. Ellis -2- ' I • . " r .. ., • • 0 - • • • . , . • MEMORANDUM OF AGREEMENT SUBMII IED TO THE ADVISORY COUNCll. ON HISTORIC PRESERVATION (Cenci) PURSUANT TO 3' CFR I IOO.'(a) betweea die Ecoaoaic Deveiopaeat Adaiailtratioa ud die Colorado 11i1mrica1 Seciely reprdiq die Ciaderela City Jtedffelopaeat Project WHEREAS, the Economic Development Administration (EDA) bu determined that the Cinderella City lledevelopment Project in Englewood, Colorado with a federal contribution of $800,000 out of a total project cost ofSl,069,000, will have an effect upon the Cinderella City Mall, a property eligible for listing in the National Register of Historic Places; and WHEREAS, EDA bas consulted with the Colorado State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U .S.C . § 47ot) and §1 lO(f) of the same act; and WHEREAS, the City ofEnglewood (City) and the Englewood Environmental Foundation (Foundation) have participated in the consultation. and also have been invited to concur in this MOA NOW, TIIEREFORE, EDA and the SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the eft'ect oftbe undertaking on historic properties . Stipulatiooa EDA will ensure that the following measures are canied out: l . AR.CHIV AL RECORDING Prior to the demolition of the Mall complex, EDA will require the City to provide satisfactory evidence that the recordalion of the Mall complex bu been completed, accepted by the SHPO, and archival copies of this doavnenrario'II bu been made available to the SHPO and the Englewood Public Library . Doc:umcnwion shall be in accordance with Alternative Level n u described in A IYuadow to tJw Past-A Vin-to tJw F11111n, A GuiM to Photodocrmtmting Historic Pious, by Frederic J. Athearn, Burau ofl.and Management, Colorado State Office, Denver Colorado, 1990, Put Three, Altemalive Arc:bival Docwncnt, pp 34-37 . • JI ... I • I T /4. ....... . [1",,t I • I• 1 • ' , •. .. I· • 0 - • • • 2. MONITORING 1'1le ....... may monitor activities punuant to the MOA. ad the Council will ~ lladl acuviaa if IO requested by a party to tbis MOA The EDA will cooperate widt the ...,. iel in carrJinl out their m,iew ad moailoriaa rapomibilitics. 3. PUBLIC OBJECTION Al my time durina the impleme-•11ion of the IMIIUl'el ltipllated in the Aafeemem, r mould an objection to any u:h meuure be railed by a member of the public, the EDA shall lake the objection into accouat ad conadt u needed widl the ob.iec:tina party, the SHPO, or the Council to resolve the objeaion. 4 . RESOLVING OBJECTION Should any party to this MOA object to any action canied out or proposed by the EDA with respect to the implementation of this MOA. they shall consult to resolve the objection. If after initiating such consultation, the EDA determines that the objection cannot be resolved tbroush consultation, the EDA shall forward all doonnerttation relevant to the objection to the Council, including the EDA's response to the objection. Within 30 days after receipt of all pertinent documentation the Council shall exercise one of the following options : L Advise the EDA that the Council concurs in the EDA's final decision, whereupon the EDA will respond to the objection accordingly; b. Provide the EDA with recommendations, which the EDA shall take into account in reaching a final decision regarding its response to the objection; or c. Notify the EDA that the Council will comment pursuant to CFR § 800 .6(b) and proceed to comment . The resultins conunent shall be taken into account by the EDA in accordance with 36 CFR § 800 .6(cX2). Should the Council not exercise one of the above the above options within 30 days after receipt of all pertinent documentation, the EDA may mume the Council's COIICUffeDCe in its proposed response to the objection. S. REPORTING Within ninety (90) days after carrying out the terms of this Apeemea&. EDA shall provide a written report to all panies to the Aa,eement on the ICtioas taken to fblfill the terms of the Agreement . . ' •, .. 0 •· • 0 - • • . ~ • . . 6. UNANTICIPATED DISCOVERIES The City shall ensure that my previously undilCOWnld arcbaeological remains that are dilcoYered during demolition actiYitiel are reported to tbe SBPO &,r review. Demolilion activities that could dect such remain, would ceue mllil tbis pn,ce11 bad been compleced 7.AMENDMENTS - Ally sianatorY to tbia MOA may propote to tbe EDA that tbe MOA be mended, whereupon tbe EDA shall comult with tbe odm parties to tbis MOA to COlllider such ID an:wndment 36 CFR. § 800 .S(e)(S) shall 80verD tbe euadion of my such IINMment Execution of du MOA by EDA and tbe SHPO, its sublequent acc:eptW:e by tbe Council, and implemcnmio!a of its terms, evidence that EDA bu dorded tbe Council ID opponunity to comment on tbe Cinderella Caty lledevelopment Project and its eft"ec:ts on bilCOric properties, and that EDA bu taken into account tbe eft'ects of the undertaking on historic properties . ECONOMIC DEVELOPMENT ADMINISTRATION Director Compliance Review Division COLORADO STATE HISTORIC PRESERVATION omCEll Georpnna Conaauafi• State Historic Preservation Officer CONCUR.: CITY OF ENGLEWOOD .. ... • • 0 - • • • • .. ENGLEWOOD ENVIllONMENTAL FOUNDATION BY: ___________ __,Dlle:. ______ _ ACCEPi.ED fbr tbe ADVISOllY COUNCIL ON IDSIORIC PllESEllV ATION BY: ___________ ~Dlle:._-=------- Jolm M. Fowler EDcutiYe Director . , ' .. • . ' • . .. • • 0 - • ORDINANCE NO._ SERIES OF 1998 • • • '· BY AUTHORITY COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BE1WEEN THE CITY OF ENGLEWOOD , COLORADO AND DUROMAC PARTNERSHIP FOR THE PURPOSE OF INSTALLING A WATER MAIN ON A VACANT SITE AT WEST EVANS AND SOUTH RARITAN . WHEREAS , Duromac Partnership submitted a Grant of Water line Easement agreement for the purpose of installing a water main to allow water service to the property located at South Raritan Street and West Evans Avenue ; and WHEREAS, the proposed easement would allow the Duromac Partnership to construct a 6" water main to this property for the purpose of building a warehouse on a vacant site; and WHEREAS , the proposed water main will benefit the City by establishing a looped water main from Raritan and Adriatic to Tejon and Evans which after a one-year warranty period will be deeded to the City so that adjacent properties will be able to purchase water taps off this section of main; WHEREAS, the Englewood Water and Sewer Board recommended approval of the Grant of Water Line Easement for this property at the September 15 , 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : S@ctjon 1. The Grant Of Water Line Easement between Duromac Partnership and the City of Englewood , Colorado , attached hereto as Exhibit l , is hereby accepted and approved by the Englewood City Council . S@ctjon 2. The Mayor is authorir.ed to execute and the City Clerk to attest and seal the Grant of Water Line Easement agreement for and on behalf of the City of Englewood , Colorado . Introduced, read in full , and paBBed on first reading on the 5th day of October, 1998. • I • ·~ ' 10 b iv t .. • • 0 1 32xl - • • • • (. .. Published as a Bill for an Ordinance on the 9th day of October, 1998. Read by title and passed on final reading on the 19th day of October, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 23rd day of October, 1998. Thomas J . Buma, Mayor ATTEST: Loucrishia A. Ellis, City Clerk \. .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paased on final reading and published by title aa Ordinance No . ~ Series of 1998. Loucriahia A. Ellia -2- -· ' . ... . . .. • . . ' . . . ., .. • • 0 - ; • • • • • • (. G~!\.NT OF WATER LI NE E.~.SEMENT TH:S Grt...!\.NT of a water line easerr.ent (t:ii s "Grant") is ma d e t h is 17th day of August , 1998 b v Duromac Partnershio ("Grantor_"_)~- who se accress is 2271 w. Yale Avenue Lakewood CO 80110 in favor of t:ie CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood , CO 80ll 0; T:ie par:ies covenant and agree as follows: 1 . Easement Property. The "Easement Property " shall mean the rea l pro perty located ir. t h e Counc.y of P..=apahoe , State c: Colorado, more particu_arly described on Exhibit A , consisting of ~l~-pages, attac:ied hereto and incorporated herein b y reference. 2 . Co nsideration . As consideration f o r this Grant, Grantee ~as pa i d Grant e r the sum of One dollar ($1 .00 ) a'-d ot:ier geed and valuable consideration , the receipt of whic:i is herety acknowledged by Granter. 3 . Grant of Water Line Easement. Granter hereby grants t o Grantee , its successors and assigns , a perpetual , n onexc _u s:::.v e easement (the "Water Line Easement") over, i;nder , acrcss and through the Easement Property for the purpo se o: constructing, operating, maintaining, repairing , :::-ep_::.c:::!S , =-~!'!'l.ovi~g :::d. e!!.larg'.:.!'lg the II Lir:es a:1d Appur:e!':ar:ces ," as hereinafter defined. The "Lines and Ap purte'-ar:c es " s h al l mean one or more water pipelines and a ll necessary under3round and s u rface appurtenances there:o ne c essar~ e r des i rabl e for the transmission of water , i nc _uding , but n o t limited to , ma i ns , condui ts , vau _ts , v e nt i l at o rs , e lect r i c o r o ther cont r ol s y stems , ca~_es , wires and co nne ctio ns. 4. Acc ess. Grantee sha:_ h ave the perpetua:, n o nex.c_u s:·.re r i ght of i ngress a:,.C: eg:-ess in , to , c·Fe!."', thro ugh a~d across the Easement Pro perty for any p~rpose necessary er desirable for the f ull enj oymer.t of t~e rig~ts granted to Grantee under this Grant . 5 . Restoration. Grantee aorees that after the construc~ior., maintenance , repair~ replacement, or enl argeme~t if any for the Lines and Appurtenances , Grantee shall restore the sur:ace of the Easement Property as nearly as reasonabl e possible to the grade and condition i: was E X H I B I T 1 .... ' ;',:;\', ,I. . ' •, .. •· • 0 '32 x l • • • • .. • immediately pr~or to said cons=ruc=ion , ma~ntenance, repair, replacement , or enlargemen=, except as may be necessary to accommodate t~e Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Gran=or on the Easement Propert y wh~ch are damaged , modi:ied or altered by Grantee dur~::-.g said construction , maintenance, reoair, rep_acement or enlargement . Grantee fur=her agrees to replace any topsoil removed :rom any cult~vated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, main=enance, re~air , replacement or er.:argement, at Grantee's sole cost and expense. 6. No !mprovements. Granter covenants and aqrees not to construct, erect, place or plan any II Improvemencs, " as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grar.tee . "Improvements" shall mean any strJcture, building, planting, trees or shru bcery ocher than a lawn . Grantee shall have the right to remove , without any liability to granter, any improvemencs constr'..lcted, erected, placed or planced on the Easement Proper=y wi=~out Grantee's having obtained the prior written consent of Granter. 7. Subjacent and Lateral Supper=. Grancor covenants and agrees that Gran=ee shall have the right of sub jacent and lateral sui::.~ort on the Easement Propercy to whatever extent is necessary or desirable for the fu_l, complete and undiscurbed en~oymenc of the rights granted to Grantee under this G:::-ant . 8. Rights cf Granter. Granter reserves the full right to the undist'..l:rbec. ownership, use, and occupancy of t he Easemen t Property insofar as said ownership , use , and occupancy is c c nsis~ent wit~ and does not impair the rights grantee. t o Grantee in this Grant. 9. Abandon~e nt. In the event that Grantee shall a bandon the r ight s granted t o it under this Grant , a_l right, title a~d interest hereunder of Grantee shal_ cease and terminate , and Gra:i.tor shall hold Easeme,1t Propercy , as the same may then be, free from the rights of Grantee so anandoned and s ha:_ own al l materials and structures cf Grantee so aba~doned , provided that Grantee shall hav e a reas o nable oeriod of time after said abandonment in which to re move any or a:l L~nes and Appurtenances from the Easeme~c P=o perty. In t h e e v ent that Easement is abandoned by Gran tee , Granter sha_l have the right , at its sole option , t o require Gra:i.=ee co remove or neutralize any improvements c onstruc=ed in t~e Easement by Grantee. 10. War=anty cf Title . Granter warrants and represents t hac Granter is the fee s:mple owner of the Easement Propercy and that Granter has full right, title and • ' ' •, .. I· . ' • 0 , - ,t • • • • <. authori~y, that this Grant is effective to grant and convey to Grantee the Water Line Easement , a nd that this Grant of an easement is superior to all other g=ar.ts. Granter further covenants and agrees to indemn::y , defend and hold Grantee h arml ess from and against any adv erse claim to the title of the Easement Property by al l ar.d every person or persons l awf u_ly claiming or to c l aim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successo rs and assigns of the respective parties hereto . The terms , covenants, agreements and cond:tions in this Grant sha ll be construed as covenants ru~ning with the land . IN WITNESS WHEREOF, the parties he=e=o has executed this Grant of Water Line Easement the cay a nd yea= first above written. Attest: Granto=: STATE OF COLORADO ) ' ) ss . COUNT Y OF IJrAfA-11()-e_. ) ,. - . J>.ck..."lowledged before me this ;7-bJ day of /t~ 19~ as o.,.,..~K lAA-N"AIP a;i.d _________ ---=----=-.,........,=-,..,...,.---,=-r---as Petr r;;; ~ r a o , " m ltC--RA rr ,ti~ ,r" w Adc.r ess : J,2~} ~ My Commi ssi on expires :--=~c.._-~_/_,_·~;2_a_d_;J..-__ _ Attest: Loucrishia A. Ellis City Clerk Grantee: CITY OF ENGLEWOOD Thomas J. Burns Title: Mayor ~ • I • . .. I· • 0 , - LOT 4 30' j • • 16 ' • • • (, EXHIBIT "A" WATER MAIN EASEM .E.NT PROPOSED BUILDING LOT 2 I LOT I _;,/9.3' / 20· ,._ff>) • / ~=,==8~.ATER MAIN.EASEMENT~ ZB.J' // PARCEL / ' '----------"--.PIPE LI NE LOC~TION ___ s_o_RAR I TAN s T. ~ ----....._.-. __ _ S CAL E 1"= 30 ' W:ater M:aio £aseo1eo1 Lq:al Description N O Y:!: ::::::::==-~ Two parcels of land for Englewood water main easement located in lot I , Bloclc 92, Sheridan Heights Subdivision, City of Englewood. County of Arapahoe. Swe of Colorado, more particularly described as follows Parcel 1 "' Z I .. > "' Commencing at the southeast comer of said Lot 1, which is the uue point of beginning, thence west along the said Lot I property line a distance of 20 00 feet to a point ; thence north at an internal of 90" 00' 00" a distance ofS.28 feet to a point ; thence northasterty at an internal anaJe of 135 00' oo• a distance of28.29 feet to a point on the east property line, Lot 1 which is also the west right-of-way line of South Raritan Street;. thence south along the east property line a distance of28.28 feet to the true point of beginning, containing 365 .6 square feet , more or less Parcel 2 Conunencing at the northeast comer of said Lot I, which is the true point of beginning; thence west along the said Lot 1 propert y line which is also the south right -of-way of West Evans Avenue a distance of ~O 00 feet to a point , thence north at an internal of 90" 00' oo • a dista11ce of 8.28 feet to a point ; thence southeasterly at an internal angle of 13 5 • 00' oo• a distance of 28 .29 feel to a point on the east property line, Lot I which is also the west right-of-way line of South luritan Street; thence north along the east property line a distance of 28 28 feet to the true point of beginning. containing 365 6 square feet , more or less . City of Enaiewood Domestic Wllerlinc Easement ..... , ' •, ., • • • 0 , 2 -• • • .. • BY AUTHORITY om>INANCB NO._ SERIES OF 1998 COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMEr-."T BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND RALPH VAl'1DER HORST FOR THE PURPOSE OF INSTALLING A WATER MAIN ON A VACANT SITE AT WEST ADRIATIC AND SOUTH RARITAN . WHEREAS , Ralph Vander Horst submitted a Grant of Water line Easement agreement for the pUl"pO(II! of installing a water main to allow water service at South Raritan Street and West Adriatic Avenue ; and WHEREAS, the proposed easement would allow the Duromac Partnership to construct a 6" water main to this property for the purpose of building a warehouse on a vacant site ; and WHEREAS , the proposed water main will benefit the City by eetabliahing a looped water main from Adriatic and Raritan to Tejon and Evans which after a one-year warranty period will be deeded to the City so that adjacent properties will be able to purchase water tape off this section of main; WHEREAS, the Englewood Water and Sewer Board recommended approval of the Grant of Water Line Easement for this property at the September 15 , 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ect,ion 1. The Grant Of Water Line Easement between Ralph Vander Horst and the City of Englewood , Colorado, attached hereto as Exhibit 1, 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 Grant of Water Line Easement agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 5th day of October, 1998 . -I - · .. ' I ·- .. .., • • 0 , - • • . . • ·, • C' .. Published as a Bill for an Ordinance on the 9th day of October, 1998. Read by title and passed on final reading on the 19th day of October, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 23rd day of October , 1998. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis. City Clerk I. Loucriahia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriabia A. Ellia -2- . .. .. • . ' • ' . • 0 I - • • ,_ - • • ' (. GFJIM OF W.11.TER LUIE EASEMENT THIS GRAf..i"'T of a water line easement (t:i.is "Grant") is made this 17th day of August , 19 98 by Ral:gp. vand.e:Horst ( "Granter_"_) - whose adaress is 3063 s Columbine, Denver co 00210 in favor of the CITY OF ENGLEWOOD, COLOR.11.DO, ("Grantee") whose address is 3400 South Elati Street, Englewood, CO 80110; The parties covenant and agree as fellows: 1. Easement Proper,;y. The "Easement Property" shall mea.~ the real property located in the Cou.~ty of Arapahoe, State cf Colorado, more particularly descr::..:::e~ on Ex...'"l.ibit A, consisting of _1 ___ pages, attachec heretc a.~d incorporated herein by reference . 2. Consideration. As consideratio~ fer this Grant, Grantee has paid Grancor the sum of Or.e dc:lar ($1.00 ) L~d other good and valuab:e c:nsideratior., t~e receipt of which is hereby ack..owledgec by Gr~"';.tor. 3. Gra..t of Water Line Easeme~t. Gra::tor hereby grants to Grantee, its successor• and ass:.g..s , a perpetual, none..~clusive easement (t~e •water L:.~• £ase~nt") over, u::der, across and t~.:-=~sh t~e E&a•~nt Pr:perty for the pu=1=ose of constr~cting , operatins , ma:.ntainins , repairing, re;ilacing, ::-emoving a::o. e:-i:.a:;i~ t~ • :.:.::es a.=.d ~ppur-:ena.~ces,• as herei::.&!ter de!i:i.ed . ~:e ·~ines and Appurtenances" shal: mea.."";. c~• or mere water pipelines and all necessa:ry unde::-;roi..:.."";.d ~ au=!ace •ri=~rte~..ar.ces thereto necessa:ry or desiral:le !:r ~. tra.:-.am;.ss:.:~ of water, including, but not li~ited to , mai::,.a , c:nc~:~s , vaults, ventilators, elect=ic er ct~r contr:l syste::is , cables, wi=es and con.~ections . 4. Acces•. GrL~tee •h&-l have the rer:e~ual, nonexc:usive right of i:igreas and egress in , to, ove=, through and acr:ss the Easement Property !:r any pu..-pose necessary o= desirable for the full e::joyrr.er:t of the rights granted to Grantee under this Grant. 5. Restoration. Grantee aarees t~a~ a!ter the construction, maintenance, repair7 replace!':\ent, or enlargement i: any for the Lines and Ap~urte::iances, Grantee shall restore the surface of the Easement Pr:~erty as nearly as reasonable possible to the grade L~d condition it was • ' ' E X H I B I T l ' , • .. •· • 0 r 32xl - • • • , . • 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 by Grantee during said construction, maintenance, repair, rep l acement or enlargement. Grantee f~r=her agrees to rep l ace 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 en largement, at Grantee's sole cost ar.d expense. 6. No Improvements. Granter covenants and agrees not to construct, erecc, place or plan any "Improvements ," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shal l mean any structure , building, p l anting, trees or shrubbery other than a lawn. Grantee shall have the right to remove, without any liability to granter, any improvements const::::-ucted, erected, placed or planted on the Easement Property wi=hout Grantee 's having obtained the prior written consen= of Granter. 7. Subjacen= and Lateral Suppor=. Granter covenants and agrees that Grantee sha ll have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyme'-t of the rights gra~ted to Grantee under this Grant. 8. Rights of Granter. Grant e r reserves the full right to the undisturbed ownership , use, and occupancy of the Easement Property insofar as said owners~ip, use , and occupancy is c onsistent with and does not impair the rights granted to Grantee in this Grant . 9 . Abandonment. In the e v ent that Grantee shall abandon the rights granted to it under this Grant, all right, title and intere st hereunder of Grantee sha_l cease and terminate, and Granter shall hold Easement Property, as the same may then be, free from the rigr-ts o: GranteP-so abandoned and s hall own all materials and s tructures of Gran=ee so abandoned , provided that Grantee s h all have a reasonable period o: time after said acandonment in which to remove any or all L~nes and Appurtenances from the Easement Property. In the e v ent that Easement is abandoned by Grantee , Granter sha __ have the right, at its sole option, to requ ire 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 simp_e owner of the Easement Property and that Granter has f~ll right, title and ...... . , • . .. •· • 0 -• ,. • • '· authority, that this Grant is effective to grant and convey to Grantee the Water Line Easement, and that this Grant of an easement is superior to all other grants. Granter 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. IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water Line Easement the day and year first above written. Attest: Granter: STATE OF COLORADO ) ,.~1 l ss. COUNTY OF ltr,t,,,..oe.... ) and Acknowledged befor~ ~;~~~~-~-g---~~--..~~~ .~w~ ~ CZ) _ft(). My Commission expires: y/C, p(..00,,;J.__ Attest: Loucrishia A. Ellis City Clerk Grantee: CITY OF ENGLEWOOD Thomas J. Burns Title:~ ..... H~a~y~o ...... r~~~~~~~~- • . .. • • 0 I -• . , . • EXHIBIT "A" WATER MAIN EASEMENT 16' II ,o I~ I ~ ALLEY LOT 47 BLOCK BUILDING IOO' 2 .7' LOT 2 f . LOT 7 LOT I 34 .7 LOT 48 ~: ,r-- LOT 48 il51 VMTER MAIN EASEME!lmT 48 .---------- 15' _ Prop~ed__ Pipe~~ _ 1 ____ , Existing Pipeline +---- SCALE 1"= 30' Water Main Easement Lqal Description CURB 30 _ _._i ___ ,C--~ _ <t_ SO.RARITAN ST . A fifteen (15) foot wide parcel of land located in Lot 48, Block 92, Sheridan Heights Subdivision, City ofEnglewood, County of Arapahoe, State of Colorado, more particularly described as follows : The east 15 feet of Lot 48, Block 92, Sheridan Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado . Prepared Merline W. Van Dyke, L. S. o . 9471 For and on behalf of Ralph V ander Horst Date : 8 -t(l.,-9~ City of Englewood Domestic Waterline Easement . . .. • I •. ., • , 2 • 0 - • ~MO._ SERIES OF 1998 <. • • - BY AUTHORITY ,.. COUNCIL BILL NO . 66 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY . WHEREAS , it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual levy for City purposes; and WHEREAS , the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth , are proper and wise ; and WHEREAS , the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: 10 b vi $e<;tjon 1. That there be and hereby is levied for the year of 1998, due and payable as required by statute in the year 1999, a tax of 5.880 milla on the dollar for the General Fund of the City of Englewood , Colorado, and 1.460 mills on the dollar for the Community Center Bond Fund Debt Service Fund of the City of Englewood, Colorado . That the levy herein above set forth shall be levied upon each dollar of the aueued valuation of all taxable property within the corporate limita of the City of Englewood, Colorado , and the said levy shall be certified by law . $e<;tjon 2. That under the authority of the Colorado Reviaed Statutes and the Englewood Home Rule Charter, there ia hereby levied for the year 1998, due and payable as required by law in 1999, a tax of 4.397 milb on the dollar for the uae and benefit of the Englewood Downtown Development Authority . The levy herein above set forth shall be levied upon each dollar of ueeNed valuation of all taxable property within the Englewood , Colorado, Downtown Development District, and the said levy shall be certified u required by law . Introduced , read in full, and paued on fint readiq on the 5th day of October , 1998 . -1- . ' .. •· • 0 1 3? I -• • ·-• <. ... Published as a Bill for an Ordinance on the 9th day of October, 1998 . Read by title and passed on final reading on the 19th day of October, 1998. Published by title as Ordinance No . ~ Seriet1 of 1998, on the 23rd day of October, 1998. Thomu J . Burm, Mayor A'M'EST: Loucriahia A . Ellis, City Clerk I, Loucriahia A Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriahia A Ellis -2- ' ' ' .. • . ' ' • 0 - • • ORDINANCE NO._ SERIES OF 1998 • • • C, BY AUTHORITY COUNCIL BILL NO . 67 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR 1999. WHEREAS , pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood , Colorado, adopted by the voters on July 8, 1958, a budget for the fiscal year 1999 was duly submitted by the City Manager to the City Council on September 3 , 1998; and WHEREAS , a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 21 , 1998, regular notice of the time and place of said hearing having been published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance ; and WHEREAS . the City Council of the City of Englewood has studied the budget on numerous occasions ; and WHEREAS . it is the intent of the City Council to adopt the 1999 budget as now submitted; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sect.ion 1. That the budget of the City of Englewood, Colorado, for the fiscal year 1999. as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal year 1999. Section 2. GENERAL FUND Total Fund Balance , January 1, 1999 Revenues Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Miacellaneous -1- 1999 B\TQGET $ 5 ,054 ,242 17 ,000,000 1,993,839 2 ,320,800 633,375 1,330,900 1,270,240 1,319,784 537 ,500 391 4Q() . 'I . • . lObvii , .. • • 0 '32xl - . ' Total Revenues Other Financing Sources Total Sources of Funds Expenditures Legislation City Attorney's Office Municipal Court City Manager's Office • • • .. Administrative Services (Human Resources) Financial Services Public Works Safety Services Neighborhood & Buaineu Development Library Services Recreation Services Transfers Out Contingencies Total Use of Funds Total Fund Balance, December 31, 1999 $ectiop 3 DEBT SERVICE FUNDS C,gmmunity Center Bmd Debt Semo: Fupd Fund Balance, January l , 1999 Revenues Expenditures Fund Balance, December 31, 1999 " ,.. 1999 BUDGET $26,797,838 $ 2 777 500 $29 575 338 198,014 549,279 562,147 520,364 583,590 2,167,351 4,054,131 12,208,825 1,394,940 999,105 3,812,818 $ 1,546,703 $ 165 QQO $ 28,762,267 $ 5,867,313 $ $ $ $ 134,752 447 ,600 478,170 10U82 Paying Di,etrict · Englewood Cpmmen:e A Jpduatry C,entcr Debt Semo: Fupd Fund Balance, January 1, 1999 S <40,087> Revenues s 40,649 Expenditures s 1,900 Fund Balance, December 31 , 1999 s <1,338> ~fiHMZlf.C Bl11l1m11111, I2illD:li JIii Dibs. s.mr. [lllld Fund Balance, January 1, 1999 s <949> Revenuea s 17 ,246 -2- ' ' , ~ ' • . • • 0 , . 7 I • -... • . • • . ' <, • I 1999 BUDGET Expenditures $ 950 Fund Balance December 31 , 1999 $ 15 ,347 fallD& Pi111.cii:t !3:i Pl:bt Si:mci: F1,111d Fund Balance, January 1, 1999 $ <225,496> Revenues Miscellaneous $ 50,553 Expenditures $ 3,100 Fund Balance, December 31, 1999 $ <178,043> fa:YiD& Piatcii:li !a§ Pl:bt Si:rvice F11,wl Fund Balance, January 1, 1999 $ <10,186> Revenues Miscellaneous $ 4,188 Expenditures $ 400 Fund Balance , December 31 , 1999 $ <6,398> ~1:YiD& DiAD'irl 01 labt Slrvw t:111111 Fund Balance, January l , 1999 $ 979 Revenues $ 2,836 Expenditures and Transfers $ 3,350 Fund Balance, December 31 , 1999 $ 465 Cslam:r.: lk:1d1m1111ai Dilttis:& la&fi Fund Balance , January l , 1999 $ <44 ,667> Revenues $ 10,676 Expenditures $ 750 Fund Balance , December 31 , 1999 $ <34,741> s..ct.igQ i SPECIAL REVENUE FUNDS Ca11MrY1t.ism tow Furut • • Fund Balance, January l. 1999 $ 240,413 Revenues $ 317,500 0 -3- • . ( -... • • • -... 1999 BUDGET Expenditures $ 378,000 Fund Balance, December 31 , 1999 $ 179,913 Commercial Revolving Toeo Fund Fund Balance, January l , 1999 $ 142,604 Re venues $ 4 ,000 .. Expenditures $ 25,000 Fund Balance, December 31 , 1999 $ 121 ,604 Community Development Fund Fund Balance, January l, 1999 $ -0- Revenues and Transfers In $ 100,000 Expenditures $ 100,000 Fund Balance, December 31 , 1999 $ -0- Donora Fund Fund Balance, January 1, 1999 $ 119,341 Revenues and Transfers In $ 179,600 Expenditures $ 177,609 Fund Balance, December 31 , 1999 $ 121 ,332 Se<;tjop 5 CAPITAL PROJECT FUNDS Public lmnrnvcment Fund Fund Balance, January 1, 1999 $ 781 ,968 • Revenues s 3 ,419,889 Expe nditures s 3 ,837,500 Fund Balance, December 31 , 1999 s 364,357 Capital Pmjcs;ta Furut (FYCP} Fund Balance, January 1, 1999 s 43,219 • • Revenues s 1,596,703 Expe nditures s 1,546,703 0 -4- , '>. I - - • • • • Fund Balance, December 31 , 1999 Paying District #38 Debt Service Fund Fund Balance, January 1, 1999 Revenues Expenditures and Transfers Fund Balance, December 31 , 1999 Section 6 INTERNAL SERVICE FUNDS Seryicenter Fund Funds Available , January 1, 1999 Revenues Expenses Funds Available , December 31, 1999 Capital Eauioment Replacement Fund Funds Available, January 1, 1999 Revenues Expenses Funds Available, December 31, 1999 Central Services Fund Funds Available, January 1, 1999 Revenues Expenses Funds Available, December 31 , 1999 Property and Liability SelC-bwwance Fund al&o known u the Manapment of Riak Fund Funds Available , January l , 1999 Revenues Expenses Funds Available , December 31, 1999 -5- 1999 BUDGET $ 93,219 $ 22,531 $ 100,000 $ 90,500 $ 32,031 $ 664,678 $ 1,364,904 $ 1,185,674 $ 843,908 $ 830,128 $ 678,398 $ 412,715 $ 1,095,811 $ 28,030 $ 310,212 $ 276,455 $ 61 ,7 8 7 $ 524,155 $ 718,606 $ 685,938 $ 556,823 ..... . ' • ', • . .. • • 0 '32 x l • . , -• . • • {. 1999 BJJDGET Health $elf-Inawance Fund also known as the Employee Benefit.a Fund Funds Available , January 1, 1999 $ 1,133,706 Revenues $ 2 ,588,136 Expenses $ 2,723,296 Funds Available , December 31 , 1999 $ 998,546 .. $ection 7 ENTERPRISE FUNDS Water Fund Funds Available, January l , 1999 $ 5,222,163 Revenues $ 5 ,528,456 Expenses $ 9,076,925 Funds Available, December 31 , 1999 $ 1,673,694 $ewer Fund Funds Available, January 1, 1999 $18,383,209 Revenues $ 7 ,017,500 Expenses s 6 ,907,772 Funds Available, December 31, 1999 $18,492,937 Storm Preioan Fund Funds Available, January 1, 1999 s 189,887 Revenues s 135,800 Expenses s 134,315 Funds Available, December 31, 1999 s 191 ,372 • Golf Course Fund Funds Available, January 1, 1999 $ 543,223 Revenues s 1,933,538 w, Expenses $ 1,886,287 Funds Available, December 31 , 1999 s 590,474 • • 0 -6- • ,. . ' . ( ' -, • . • - <. 1999 BUDGET Concrete Utility Fund Funds Available, January 1, 1999 $ 184,186 Revenues s 525 ,000 Expenses $ 510,356 Funds Available , December 31 , 1999 $ 198,830 Project Build Fund Funds Available , January 1, 1999 s 952,552 .. Revenues $ 1,520,000 Expenses $ 1,500,000 Funds Available, December 31 , 1999 $ 972,552 Section 8 FIDUCIARY FUNDS Malley Center Trust Fund Fund Balance, January 1, 1999 $ 305,203 Revenues s 18,000 Expenses $ 60,000 Fund Balance , December 31 , 1999 s 263,203 Park1 and Bcm1t;on Tnw Fund Fund Balance, January 1, 1999 $ 87,755 Revenues $ 15 ,000 Expenses s 6 ,075 Fund Balance , December 31 , 1999 $ 96,680 Sw:ci.11 A,111:11111,ent Sl&DIIYI I, lle61:iellQ'. Fund Fund Balance , January 1, 1999 s 50,120 Revenues $ 51>,980 Expenses and Transfers s 5,000 ,., • Fund Balance, December 31 , 1999 s 101 ,100 • • 0 -7- , -:t? ',( I -• • ·, • . ' 1998 BUDGET Sectjon 9 JOINT VENTURES LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT JOINT VENTURE Funds Available, January 1, 1999 $ 115,674 Revenues Expenses Funds Available, December 31 , 1999 $12 ,257 ,644 $12,257 ,644 $ 115,674 Sectjon 10 . That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced , read in full , and passed on first reading on the 5th day of October, 1998 . Published as a Bill for an Ordinance on the 9th day of October, 1998. Read by title and passed on final reading on the 19th day of October, 1998. Published by title as Ordinance No. ~ Series of 1998, on the 23rd day of October, 1998. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pasaed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriahia A . Ellis -8- '' • . • 0 f ~,xi - - OIU>INANCE NO._ t SERIES OF 1998 • • • BY AUTHORITY COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES lN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY l , 1999, AND ENDING DECEMBER 31 , 1999, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1999. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section I . That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balance during the year beginning January 1, 1999, and ending December 31, 1999, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows : Legislation City Attorney's Office Municipal Court City Manager's Office GENERAL FJJND Administrative Services (Human Resources) Financial Services Public Works Safety Services Neighborhood and Business Dev. Library Services Recreation Services Contingency Transfers Total General Fund $ 198,014 549,279 562,147 520,364 583,590 2,167 ,351 4 ,054,131 12,208,825 1,394 ,940 999,105 3,812,818 165,000 1546703 $ 28. 762,267 COMMUNITY CENTER BOND DEBT SERVICE FUND Total Community Center Debt Service Fund $ 478,170 PAVING DISTRICT · ENGLEWOOD COMMERCE & INDUSTRY CENTER DEBT SERVICE FUND Total Paving District · Englewood Commerce & Industry Center Debt Service Fund • I - s 1,900 ' . .. • •. • • I • 0 - • • • ·, • .... CONCRETE REPLACEMENT QISTRICT 1992 DEBT SERVICE FUND Total Concrete Replacement District 1992 Debt Service Fund $ 950 PAVING QISTRICT #35 DEBT SERVICE FUND Total Paving District #36 Debt Service Fund $ 3,100 PAVING DISTRICT #36 DEBT SERVICE FUND Total Paving District #36 Debt Service Fund $ 400 PAVING QISTRICT #37 DEBT SERVICE FUND Total Paving District #37 Debt Service Fund $ 3,350 CONCRETE REPLACEMENT DISTRICT 1995 DEBT SERVICE FUND Total Concrete Replacement District 1995 Fund CONSERVATION TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund CQMMtJNITY DEVELOPMENT FtJND Total Community Development Fund QONQRSFUND Total Donors Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND CfYCP) FUND Total Capital Projects Fund PAVING DISTRICT #38 QEBT SERVICE FUND Total Pavinc District #38 Debt Service Fund -2- $ 750 $ 378,000 $ 25,000 $ 100,000 S 177,609 $ 3 ,837,500 $ 1,546,703 $ 90,500 . , • . .. • • 0 • --. • •, • • $ERVICEN'rER FUNp Total ServiCenter Fund $ 1,185,674 CAPITAL EQJUPMEN'r REPLACEMENT EUNil Total Capital Equipment Replacement Fund $ 412,715 CENTRAL $ERVTcEs EJJNJl Total Central Services Fund $ 276,455 PRQPERTV ANp LIABIUTY $EI,F-INSJTRANCE EJTNp Total Property & Liability Self-Inaurance Fund $ 685,938 HEAI,Iff $E1,F-[NflPR«\NCE FJTNn Total Health-Self lnaurance Fund $ 2,723,296 WATER EJlW Total Water Fund S 9,076,925 SO'EB FJJNp Total Sewer Fund S 6 ,907,772 s:may P&\lNAQE FJJNp Total Storm Drainap Fund S 134,315 GQJ.f CQJ!RSE EJTNQ Total Golf Coune Fund S 1,886,287 CONCUTE JITIJ,l'.l'Y EJJNp • S 510,356 Total Concrete Utility Fund PROJECT BJrn,p FUNil Total Project Build Fund I 1,500,000 • NAJ.l,EY CEN'fflR mwn FIJNJ) Total Malley Center Truat Fund I 80,000 -3- ' . .. . , •. ,; • • 0 I ~,, VI - - • • • ·, (. • PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ 6 ,075 SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FJ JND Total Special Assessment Surplus &. Deficiency Fund $ 5 ,000 LITILETONIENQLEWOOP WASTEWATER TREATMENT PLANT JOINT VENTURE FUND Total Littleton/Englewood WWTP Joint Venture Fund S 12 ,257 ,644 $ect,jon 2 The foregoing appropriationa shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1999. $ectjop 3. All monies in the hands of the Director of Financial Services, or to come into the Director's hands for the fiacal year 1999, may be applied on the outstanding claims now due or to become due in the said fiacal year of 1999. $ectjop 4 All unappropriated monies that may come into the hands of the Director of Financial Services during the year 1999, may be BO distributed among the respective funds herein as the City Council may deem beat under such control as is provided by law . $ectjon 5. During or at the close of the fiacal year of 1998, any surplus money in any of the respective funds, after all claims for 1998 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and paaaed on first reading on the 5th day of October, 1998 . Published as a Bill for an Ordinance on the 9th day of October, 1998. Read by title and passed on final reading on the 19th day of October, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 23rd day of October, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk -4- •. .. ., • • 0 - - • ... • " . • . -<. I , Loucrishia A. Ellie, 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 1998. Loucrishia A. Ellis -S- ' . , .. • . ' . • • 0 , I • ' . 0 ;., • ' . ' --------- --~----_, _____ _ ------------------------ ----------- ------ ------17 ------------~--=~--------~ • ----• ---- ' • • • • • • •, . . . •· • C - • .. ... • • ,. - • ' , . . • • ' • . , . . -. . . 0 I~ • . ' . ' -------=-------@ ~-~l--=- ~--- ----.. . . • • . . ' . • .. ' -. • • • sr ' ' ... •, D , . . . . I. . C - • • "' - . ' 0 I • -' . . ~~/tf;D~--=-== -===--===--= -- --- ' \ . • .. • 0 -• • • ... MONDAY, OCTOBER 19, 1998 7:30P.M. 1. Calltoorder. /):5'?~ Invocation. /)~ Pledge of Allegiance.~ 2. 3. 4. RollCall. ft~ 5 . Minutes. ,._ {J_JJ;J '7-0.. Minutes from the Regular City Council meeting of October 5, 1998. /)~ °fr*/?-(J· Minutes from the Special Session of City Council of October 12, 1998. ~ 6. Scheduled VISitors. (Please limit your presentation to ten minutes.) 7. , 8 . a. The Englewood Department of Parks and Recreation will honor the City's Adopt-A- Garden volunteers. b. Janet Johnson and Bill Hayes from the Schiler-LaRouche ANociation wa be t:1,S _ rll? present to address Council regarding reorganizing the financial syaten'I of the J ·' United States. Non. -Scheduled VPfitofS.-(Please li1J1~~r~"'9---/.;~ f,/. /J~~ -1!ff£1u/ ~-/JI~ 68'J!!./f~ Communications, Proclamations, and Appoin . ¥1?J ~:.f~ ir1dlcating his resignation from the Water and Sewer b. A proclamation declaring the month of November as National Hoapic:e Month. 9 . Plew nal9: I Voll.._. dl11bllly and nNd aallaryalds or wvloN. pllw nollfr .. CllJol 11 ... wood (303-7U-240I) ........ houra In ............................. .,...,... . ' • . .. • • 0 , - - • • ,.. • C• • ~ . ' .. . . Engl-ood City Councll Agenda October 19, 1998 Page2 10. a . Approval of Ordinance on First Reading . / '/ y 1.11 {!)JIM 61jJ-&'!_ (J)/ ;(J i b . ollil-_71_ ii. COUNCIL BILL NO . 61 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an lntergovemmental Agreement with the State of Colorado for the purchase of software through existing State contracts . STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Chris Diebold, Information Technologies Manager. COUNCIL BILL NO. 69 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Granular Activated Carbon Lease Agreement with American Commonwealth Management Services, Inc. STAFF SOURCE: Stewart Fonda, Director OIi Utllltlea. iii. COUNCIL BILL NO . 65 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an agreement with the Regional Transportation District, the Burlington Northem and Santa Fe Railway Company, and the Union Pacific Railroad Company providing for the use and maintenance of Dartmouth Avenue. STAFF SOURCE: Charles Esterly, Director of Public Works. iv . COUNCIL BILL NO. 71 -Recommendation from the Library Department to adopt a bill for an ordinance approving a "Seeing the Possibilities" Library Services and Technology Act Grant from the Colorado State Library and Department of Education. STAFF SOURCE: Hank Long, Diractor of Ubrary Services. Approval of Ordinances on Second Reading. ""1)~ / 0 fr 1-p r I i. Council Bill No. 54, amending the Wastewater Utility Ordinance . ii . Council Bill No. 60, approving a settlement of and authorizing the signing of documents for the settlement of Gesin vs . the City of Englewood , et al. iii. Council Bill No . 62, approving an Intergovernmental Agreement which accepts grant money from the U.S. Economic Development Administration . iv. Council Bill No . 63, approving the Grant of a Water Line Easement on South Raritan Street and West Evans Avenue . Council Bill No. 64, approving the Grant of a Water Line Easement on South Raritan Street and West Adriatic Avenue. Council Bill No . 66, establishing the 1998 Mill Levy to be collected in 1999. Council Bill No. 67, approving the 1999 City of Englewood Budget. Council Bill No. 88, approving 1999 Budget Appropriations . P ..... noee: If ,ou have• clalblllty and nNd ~ aids or WVloN, plew nollfr .. Clly of 11 .... ood (303-782-2405) al INat 41 hours In advanced.._....._ .. Meeledo Tlwlk you. ' ' .. • .. • • 0 1 32xl -• ,, -. • i. . • . ·• ' ~- c . Resolr Motions . 11. Regular Agenda. a. Approval J!)9rdinances on First Reading. b. Approva~rdinances on Second Reading. c. Resolutions and Motions. fY 12 . General DiscuSSion- :: :::=..~;e~~~f:J: 13 c;ty-,·-· 1#J "1~~{'JJU 14. a. E"""""°"Cente<U-· ~ A</iE: cf / C__!!!J!J/ rJ/tyS: 3 ~I~ ~ The following minute& were to City Council betWMn 10l2/98-10l15198: • EnglewOOd Housing AuthOrilY meeting of Augu8t 26, 1998 • EnglewOOd Public u,,ary Board meeting of Seplember 8, 1998 • EnglewO<>d Clean, Green and Proud CommiStlion meeting of september 15, 1998 r;;~)Pw~ ¥; PINNIICIII: lyouhaWa 1111 t111fandnead.....,allla••wta11, ..... ,,,,,., .. ca,fllll-•••d (30S-712-240I) at ...... holn "' .... °' ................... 'llm*,... . ' .. • . . .. .. • • 0 '32xl -• • • {. November 2, 1998 Regular City Council Meeting Public Hearing -Newcomer Mortuar • ' . .. •. .. . . .