HomeMy WebLinkAbout1997-03-17 (Regular) Meeting Agenda•
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REGULAR CITY COUNCIL MEETING
MARCH 17, 1997
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ORDINANCE t ,'6, /,, ~, i/, 2~, 21, 22, 23, 24
RESOLUTION t~,~ ~ 42, 43, 44, 45, 46, 47
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ENGLEWOOD CITY COUNCO..
ENGU:WOOD. AaAPAIIOE COUNTY• COLOllADO
Mara 17 •• ,,,
The iegular Dlllding m die Eapwood City c.oucil -called IO order by Mayol' Bmm at 7 :39 p.m.
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3. PWaetlAI Ill e
4. ...Cal
l'laenl:
Allenl:
A quorum was paeal.
Counc:il Mclllben Clapp. Wigins, Hallenic:lll. V«miuag
Wagoner.Burns .._
(Clerk's DOie : The Dillricl I Counc:il -ii VacMl due IO tbe iecall m Counc:il Mallller Hldlnay by a
~ay mtbe vote• tbe Jamary 1,. 1997 llecall Electioll.J
AllD praail: City Maaa,er Cladt
City Aaancy Bnllzau
~ City Clerk Cade
DiRICIOr Foada, Utililia
DiRICIOr ~ Fiuncial Services
(a) COUNCO.. MEIDD WIGGINS MOVED. AND ff WAS SECONDED, TO
APPROVE TRI. MINUTES or TIO llEGULAa MEETING o, MA&CII J. .,,,.
Aye&: Council Meallers Vonaiaag. Wiaim, lllbellidll.
Wagoner. Clapp. Burm
Nays : .._
The motion carried .
There were no ICbcduled vililOII.
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Englewood City Council
March 17, 1997
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(a) Vera Montez, 292S South Elati Street, said she was present because of the article in the
Englewood Herald on double dipping. She expressed her support for Council Member Clapp and her
statements in the article. She feels this sets a pm:edcnt for others to retire and then get another job with
the City and collect two retirement checks. Ms. Montez said this is not spending our money the right
way .
(b) Ray Tomasso, 2998 South Bannock Street, agreed that double dipping is wrong. He also
opined that the Director of Safety Services is a full time job, should concentrllle on Safety Services and not
be divided between anothcr job. This is an outgrowth of dissatisfaction, he said, with the neighbors in the
nonhcm pan of Englewood over the conditions at Bates and Broadway and the dissatisfaction with the
City's response to that and continued concerns with that area .
(c) Sle\oen Schreiner, 4935 South Grant Street, said he is the Deputy Chairman of the
Firearms Coalition of Colorado. He asserted that the bill before Council this evening concerning
Weapons Dealers licenses is very poorly wrincn and is preempted by federal law. He said one item would
SC\'Cfdy affc:ct fircaru. ilderal li<lenle holders that ha\'C shops in Englewood where they oould not display
their wares for sale. Tbelc arc no difl"erent, he feels, than clodling manufacturers who pul their goods in a
glass display cue. Mr . Schreiner apin llated that this piece of legislation is very poorly drafted and
strongly l'CCIOIIIIIICDd that ii be withdrawn.
(d) Dr. Robert Ohlson. 1754 West County Line Road, Littlelon. discussed Council Bill No.
19 regarding the C-470 inlerchangc. He said he recently went to the state highway department to get a
highway access pennit onto County Line Road so that he aJUld continue to have a safe and private access
from his home. He said he was informed that Douglas County paacd the pennit on to the state
department of highways, who then got a letter from Highlands Ranch Metropolitan Districts indicating
that they did not believe he should make this application. Dr. Ohlmn opined that there is a conflid that
might be diffiaalt to see and that Highlands Ranch Metro DisUicts might be presenting to Council items
which arc not true, such u dewtion problems. He ubd that Council consider further addition to the
changes to include a small right-d"-way for this roadway to coali-the pant and eamnent thal the City
pve him in 1965.
In rcsponlC to Council Member Vormittag. Dr. Ohl-clarified wllll was depicled on the map of the area
in question that he provided to Council.
(e) Duane Ammernml, 3191 South Cberobe Street. discusscd the propoacd Weapons
Dealers license. He said that, just because we arc 1alking weapoas. CVCl)'OIIC wants to over regulate it. He
feels it should not be approwd because he can not ICC any FOd coming from it.
(f) 8aJbara Fout, 4115 South Huron Street. expreSled her concerns regarding Council and
City government issues. She said for the ... ICVCral IIIOlllhs Council 1CC1111 to be very focused on
penonal agendas nlher than CIOIIIIIIUIUty i-. Our COIIIIIIUIUty. lhe IIMCld. remains concemcd about
very serious issues that they elected Council to deal with. Tbelc iaa coali-to be health and safety,
quality of life, and Cinderella City • a tax bale. There bas bcca lots of time and money generlllCd on
Cinderella City, but as of tonight there bas bcca little progras made reprding any of these i-. Ms.
Fout said her ICCOlld concern is the appoiacmaM of Mr . Slaaley. She questioned wbetber this is in the
best interal of this City. She ubd if he is piing to be ICIVing in both capacities, and if so, bow arc we
going to fund this. This is a small city. she said, and IIIOII of the people who work here ha\'C dual incomes
bcausc they have to. She said she seriously hopes we IIOp and quatioa this mcwe. Ms . Fout said she
would like to personally thank Lauri Clapp for llalldiag up to 111111e of thcle isaaes. It takes a loc of
courage, she said, 10 take a und on i-lhll arc not popular. She opined that that is what Council's
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Englewood Cily Council
March 17, 1997
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position is, to take an unpopular stand. Her third concern, she ~lated, is the Council's potential for
policing each other. She feels that takes 8Wa)' from the communily and its right to come bcf~ Council
and express its ooncems. Ms. Fout said Council needs to let the Cily guide them and to WOik togelher
with the communily and ~gain the IJUsl they bad.
(g) Sandi Oslema, 2843 South Grant Street, said she was pleased to come in at the latter
part of the Study Session to hear that Council is aware that ~ are some problems and that they are even
going to Uy to tackle them . She said she was thrilled to hear that and feels an outside company that
performs audits would be appropriale. In January, she said, she reviewed a file held by the Cily entitled
"Standby". 1bis file, she said, was kept by Chuck Reid and ends abruptly at Novcmber, 199S. When she
asked Mr. Clark why this matter was not picked up by Mr. Reid's replacement, he rq,lied in a letter dated
'April 8, 1996 that Reid's replacement was not appointed until six or seven months after he arrived.
Reading Mr. Clark's response, Ms. Ostema said "the Neighborbood Watch Program of the Department of
Safely Services assumed raponsibility for this illUC in early 199S. SubsequentJy, they have held several
neighborhood meetings and Standby was one of the first assignments given to the police division· s impact
team early this year. There is no need for Suzie Grace to be involved in this matter given the police
division's current efforts." Ms. Ostema told Council that, when she contacted Al Stanley by phone to ftlld
out what the police division's efforts -going to be to this end, she was told ~ was no din,ctive in
writing and he bad no idea that Neighborbood Watch was raponsible for COYCring the Bates/Broadway
issue. He indicated that the impact team was formed and they would handle the matter. At a meeting
held at Mayflower Church in Ocmber of 1996, Ms. Ostema said she uked Code Enforcement why they
practia:d lldcctive code enforcement and the raponse was that it was the fault of administration, namely
Doug Clart, that they could not effectively do their jobs. She said it has come to her attention that Mr.
Clark has laid IOIIIC ground work to Fl Mr. Stanley into the position of Assillanl City Manager. She
voiced her llrong objectioas to thal becaUle Mr. Stanley has enough on his plate and has cliffiadty enough
dealing with thal without taking on a IIClCOlld position. There is IOIIIC question about the salary and the
pension benefits and baving two pieces of cake illllelld of the one thal -all ,et. She feels it is improper
thal this position was not open to the public like all of the prior City employment positions have been,
mainly on Cllllmd I . Ms. Oslema said slle may want to apply for this position. adding thal she is sure
they -W lcwe to uve lier up lheR with diem. She queltioned Mr. Clark's choice, allowing thal he does
uve a lot Oii llis plate Md 11111 lie pnmbly does need IOIIIC llclp, bul opiniag 11111 slle is not IUl'C Mr.
Stanley is........-. SIie aid Mr. Clark jlllt finld Suzie Grace. wlleras thal miglll uve been an
opportunity to train her ialo dais position. SIie quCllioncd the insubordillalio of Mr. Clark and Mr.
Stanley even oiaill& filnwlnl with dais kiad of a deal, llaling thal lheR is _.bing rally llinky lbcllll it.
She advi9Dd thal they lllould all be -thal the citizens -'t ... to put up with dais lbdl'. S&aling
that she wanted to cad her CIOID!DCDIS OIi a good note, she said she W VCI)' tbrillcd to hear thal Council
has finally dclcidcd 1h11 ~ ii IOIIICIOIIC GUI ~ they can listen to and hear wbal the people 111w to say.
Addressing Council Member Wiggins, Ms. Ostcma said perhaps he -W like to start off on a good note
with her and apologize for calling her a witch hunter.
(h) Vicky Latimer, 281S South Bnildway, said she hates to take Council's time to uk
proc:edure but this is the lint meeting she has attended. She said she is -,nc,d and illlel'aled in the
pr..-1 onlinance RPfCling fiianns and -.,on sales. She uked how dais will WOil. if Council will
dircuss it and then -111w a cbance to talk lbcllll it.
Mayor Bums advilCd thal the City Mana,cr llas n,qualed. ud Mayor Bums said lie CXlllall'I. 1M1 the
ordinance be pulled from the IFftda for MIier review . He illvitcd Ma. Lllimer to shire lier opinions if
she would like to.
Ms . Latimer said it 1CC111S that people wbo 111w firanM lioenlcs are lhady complying with jlllt 1bcJ1i1
everything thal is in ~ and she feels it is confusing.
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Englewood City Council
March 17, 1997
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(i) Mary Ann Bradfield, who is not a resident of Englewood, said she is the National Rifle
Association lobbyist for the State or Colorado and just bappcncd to be in town. She advised that she was
contacted by a lot or her members regarding the onlilllllClC lbal Council will be pulling. She offered her
phone number and scrvic:es and any information that she might have availablc as Council looks again at
the ordinlDoc . She agreed with Mr. Schreiner that the onlilllllClC is cxtrcmcly poorly written and, she
added, lbc onlilllllClC 111111c it an affirmative offealc to own golf shoes.
(1)
c.onsidcred .
A proclmmtion honoring Christina Blomberg oa lbc occasion or her 99"' birthday was
CITY COUNCIL UNANIMOUSLY MOVED TO APPllOVE A PROCLAMATION HONORING
CHRISTINA aLOMBERG ON THE OCCASION 01' HER,,,.. a1RTRDAY.
Ayes: Council Members V«mittag, Wiggins, Habenicht.
Wagoner, Clapp, Bums
Nays: Nooe
The IIIOlioa canicd.
COUNCIL MEMSIE.R IIAalNICRT MOVED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING THE WEEK 01' MARCH 16 THROUGH 22. 1997 AS
INTl:RNATIONAL DEMOLA Y WEEK.
Ayes: Council Members Vormittag, Wiggins, Habenicht.
Wagoner, CJapp, Burns
Nays: N«-c
The llllllioll canicd.
Bnlldoll 0..:-. Maller C--of lbe Eaaic-c,d Cllaptcr, W .... IO aa:qit lhc proclamacion
cc> A prodaffllfm doclarillg Ille wom or April 6 dlnJqli 12. 1997 • Bllildillg Safdy Week
-c.onsidcred.
COUNCIL MEMaER IIAalNICBT MOVED. AND IT WAS SECONDED. TO APPllOVE A
PROCLAMATION DECLARING THI WEEK 01' APIUL 6 TllllOIJGB 12. 1"7 AS aUJLDING
SARTYWEIK.
Ayes:
Nays:
The IIIOlioa canicd.
Council Mclllben V«mittag, Wiggins, Habeaidlt,
WIIID'IC', Clapp. Buns
N«-c
d) A pmdlWficMI doclarillg April. 1997 • Ille Mmdt ofllle Yoag Cliild -aJlllidcrcd.
COUNCIL MIMSU CLAPP MOVED. AND IT WAS SECONHD. TO APPllOVE A
PaocLAMATION DECLARING AND.. 1"7 AS THE MONTB Of! THE YOUNG CHILD.
A.ya: Cwil Malllen Voraialg. Wigia II t ·c11t.
WIIID'IC', Clapp. Buns
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Englewood City Council
March 17, 1997
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Nays : None
The motion carried.
(e) A letter from Joan Mileao indicating her resignation from the Englewood Cultural Arts
Commission was considcml
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPr WITH
REGRET A LETTER FROM JOAN MILETTO INDICATING BER RESIGNATION FROM THE
ENGLEWOOD CULTIJRAL ARTS COMMISSION.
Council Member Habenicht a,mmcntcd that Ms. Miletto did a wry fine job oC helping to pull the
a,mmission together. She said she is sony that Ms. Mileao is iU and hopes she sets better sooo .
Ayes:
Nays :
The motion carried.
Council Members Vonnittag. Wiggins. Habenicht.
Waggoner, Clapp, Bums
None
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Council Member Clapp advised dull Vera Montez was praenl to aa:qJI the proclamation declaring April,
1997 the Month of the YOUDg Child. Mayor Bums presented the proclamalion to Ms. Montez.
Council Member Habenic:bl ru:allcd tbal, al the hegilllliog oC 1990, Council paad a relOlulion indicating
that this is the Decade oC the Child in Englewood.
9 . ..lllic Barias
No public hearing was scheduled before Council .
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MAYOR aURNS HMOVED AGENDA ITEM •• (a) (iy) FROM THE CONSENT AGENDA JOR
nJJrno:a STIJDY.
COUNCIL MEMaER VORMITTAG REMOVED AGENDA ITEM 10 (a) (is) ROM THE
CONSENT AGENDA.
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Council Member Habcnichl lllkcd wbcn A.-. Item 10 (a) (iv) wiU come bKk for CODlideralion . City
Attorney Brotzman rapoaclcd thll Council bad a Sludy Scllioa OIi this and had no inpul . Now. he said,
at least we have -input from the iDdulby ud we wiU WUl to have di~ with die iDllllllly
repra1C11talives before it is bnJugbl bKk to Council . He said he does not have a ~ rigb& -becaUle no
notice was received prior to toaigbl thal llleR was a pn,blem with this .
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COUNCIL MEDER CJ.APP UMOVED AGENDA ITEM •• (a) (11) noM TJU CONSENT
AGENDA.
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Englewood City Council
March 17, 1997
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10. c.-tApda
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i), (ii), (iii), (v), (vi), (vii), aH (viii) ON FIRST READING.
(a) ApproYc on Finl Reading
(i) COUNCO.. Bll.J. NO . 21, INTRODUCED BY COUNCO.. MEMBER
WIGGINS
A BllL FOR AN ORDINANCE REPEALING Tl1l..E S, CHAPTER 6, OF 11IE ENGLEWOOD
MUNICIPAL CODE 198S, AND ENACTING A NEW'JTILE S, CHAPTER 6, EN'ITl'LED ADULT
ENTERTAINMENT ESTABLISHMENTS WIDCH UPDATES, CLARIFIES AND BRINGS 111E
LICENSING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS INl'O
COMPLIANCE WJnl RECENT CASE LAW AND WIDCH REMOVES AMUSEMENTS f'ROM
ORDINANCE NO. 25, SERIES OF 1996 WIDCH PERTAINS TO 11IE MORATORIUM OF LICENSES
IN 11IE CITY OF ENGLEWOOD, COLORADO.
(ii) COUNCO.. Bll.J. NO . 22 , INTRODUCED BY COUNCO.. MEMBER
WIGGINS
A BllL FOR AN ORDINANCE AMENDING Tl1l..E S, BY ENACTING A NEW CHAPTER 23,
EN1Tl'LED PURCHASER OF VALUABLE ARTICLES AND AMENDING Tl1l..E 7, CHAPTER 6E,
SECTION 4, BY 11IE ENAC'IMENT OF A NEW PARAGRAPH E, OF 11IE ENGLEWOOD
MUNICIPAL CODE 198S .
(iii) COUNCO.. BD..L NO. 23, INTRODUCED BY COUNCO.. MEMBER
WIGGINS
A BD..L FOR AN ORDINANCE AMENDING Tl1l..E 7, CHAPTER 6E, Wfflf 11IE ENACTMENT OF
A NEW SECTION 9, OF 11IE ENGLEWOOD MUNICIPAL CODE 191S AND ENACTING A NEW
1TILE S, CHAPTER 26, EN1Tl'LED TOBACCO PRODUCTS VENDOR.
M COUNCO.. BD..L NO. ZO, INTRODUCED BY COUNCO.. MEMBER
WIGGINS
A BllL FOR AN ORDINANCE AMENDING Tl1l..E S. BY ENACTING A NEW CHAPTER 20, OF
11IE ENGLEWOOD MUNICIPAL CODE 191S, ENTITIB> SPECIAL EVENTS .
(vi) RESOLUTION NO. 39, SERIES OF 1997
A RESOLUTION AMENDING 11IE APPROVED 1997 BUDGET AND APPROPRIATING MONIES
FOR 11IE CITY OF ENGLEWOOD. COLORADO
(vii) RESOLUTION NO . 40, SERIES OF 1997
A RESOLUTION DECLARING 11IE INralfflON OF 11IE CITY COUNCO.. OF ENGLEWOOD,
COLORADO, TO CREATE PA VINO DISTIUCT NO . 31. ADOPTING DETAILS AND
SPECIFICATIONS FOR 11IE PROPOSED DISTIUCT, AND DIRECTING PUBI.JCATION AND
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Englewood City Council
March 17, 1997
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MAILING OF 11iE NOTICE OF HEARING TO 11iE OWNERS OF 11iE REAL PROPERTY IN 11iE
DISTRICT.
(viii) COUNCIL BILL NO . 2S, INTRODUCED BY COUNCIL MEMBER
WIGGINS
A BILL FOR AN ORDINANCE AU1HORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO 11iE ENTERPRISE Z.ONE MARKETING CONTRACT, BETWEEN 11iE
COLORADO DEPARn.tENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT COMMISSION
("E .D.C.") AND 11iE CITY OF ENGLEWOOD.
Ayes :
Nays :
The motion carried.
Council Members Vorminag, Wiggins, Habenicht,
Waggoner, Clapp, Bums
None
(ix) Cooncil Member Vormittag asked Oiffl:tor Fonda of the Depanrnent of
Utilities if the map presented earlier by Dr. Ohlson comaly depicts the area in question and what the
intent is with his road, whc:ther it is supposed to go into the future Highlands Ranch Boulevard . Mr.
Fonda responded affirmatively to both questions . Mr . Vormittag then asked if he was corTCIClly
remembering that it is about twenty or thirty feet back up in there. Mr. Fonda said where the intersection
comes in, his aca:ss easement would come into his holllle from that diRlclioo and then later, if it became a
road, there would be public acc:ess to that point or we would continue whalever private aca:ss he nccdcd to
gel into his subdivision .
Mr. Vormiltag asked if there would be a problem with ldting him build his road where he wants right on
to where this road is and still lcavc the old road there. Mr. Fonda said he docs DO( know, there may very
well be, a the highway dcplrtmcnt has been very difficult in permitting aca:acs that clollc to whal will
become major intcrcllanFs. He said be would acJl know al this poinl, since it is the finl time be has
loobdal it.
Mayor Burns asllcd if this is an Clllirely _. access or an expansion olthe one that is already there. Mr.
Fonda respoadcd thal the one Dr. Ohl-is proposing is a new access down to County Linc Road.
Council Member Waggoner asked if there would be a crossing of the Highlinc Canal with the new
proposal . Mr. Fonda said there would DO(. Clarifying funbcr. Mr . Waggoner said that whal Dr. Ohlson
is proposing is to lc:avc the crolliag in and switch back around and come in at County Linc . Mr. Fonda
said that is cornet. He said he docs DO( know if the highway depanment will object to the proposal.
Council Member Waggoner asked what is wrong with the Highlands Ranch Boulevard exit . Dr . Ohlson
answered from the audience that, during the period of COIISIJUClion. there will probably be another year in
which Highlands Ranch 8oulcvard will have to aa:as all of the COlllllUc:lioo cquipmcna from County Linc
Road. since he believes they will llOl allow them to come down C..70. 111c COlllllUc:lioo olthe highway
will pRSCnt a great deal o( heavy tnff"IC during thal period. He said there IIR three dcmcalary school
children who have to gel on the bus in that area and there are no pn,visiom to allow thal . It -much
safer, he said, to move SOO feet cast, then, in the year that they finally gc1 Highlands Ranch 8oulevanl
done and Englewood decides perhaps whal they want to do with the pound up there, we can put the
southerly intersection with Highlands Ranch Boulevard in . It should be in anyway, he said, becaUlc you
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Englewood City Council
March 17, 1997
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have to have access to your ground. Dr. Ohlson said it is an unsafe condition for the families who live in
the subdivision and he said he would prefer to keep the private drive for as long as he can.
Council Member Waggoner asked if this is just an interim measure then. Dr. Ohlson said he believes that
about a year is all the highway department will allow to have a separate access into a class three road,
which is what County Linc was, but now isn't, because it is shut off on the west end at Santa Fe .
Mr. Fonda opined that they arc required to provide access anyway , as part af a aJIIStJUction project. They
can not leave you without access, tcmpOrary or otherwise. He said he does nol know what the plan is for
that because they have been ncgoliating with Dr. Ohlson.
Council Member Vormittag asked. if this land will a,mc back to the City, and he opened up a little road,
can we live with that? He allO asked, if the highway department doeso 't apprOYe it, if he can do anything
with it. Mr. Fonda said he can not . Mr . Vormittag said that all Dr. Ohlson is saying is that wc will give
him that land and wc will just lake that land back. He asked. again, if wc, as a City, have a problem with
that. Mr. Fonda said he does not know.
COUNCD.. MI.MBI.R WAGGONER MOVED THAT WI. TABLE THIS ITEM UNTIL
ADDfflONAL INFORMATION IS OBTAINED.
Mr. Fonda said this is a \'UY late propoal and wc may be holding something up . He expressed concern
over the situalion it may cause.
Mayor Bums med bow alCh of this pn,peny the City owns . Mr. Fonda responded that wc own the
triangle fnlm the Hipline Caul to C.cJUllly Liae Road. He said we may be putting Highlands Ranch at a
di~ barpillillg polilioa II this poinl. He feels that WC could always go back later, if they pass
it, ud modify .
Mr. Vonaiaa& aid lie ...W be willillg to do dlll if we can II le.a llc:ar llim out aad if he can build bis
road if it is ailalllc ID 1k Cily. We Clllllld ,-it IDaipt. Ila, 811d it -.ldll't ~ be a done deal .
He said it loab ID llila lillc 1k road ... ripl alolll 1k Hipliac Caul aad _. OUl OD C.cJUllly Liae
and he does ao1 foci it is a big deal , if Dr. OW-is willillg to pick ap Ille Q11C111C al building the road .
Mr. Fonda said you an: kllill& Ille -of 11111 lad 811d lie does aol kmw if Ille bigbway depanmcnl will
allow it. He aid dleft is a r+M tie! mace ... a delay Clllllld lie Cllldy.
City Attomcy ~ aid dleft an: i-dup FUii •· OIIC is Ille biglnway projca is Ulldcr
COllllJUCliOD and ongoing. 81111 Ille ___. is C a · al Waner Dil9lic:S 11181 lqun CIODdemnaeioa
proceedings on this picoc alpn,peny apiaa Dr. Ola!-. to Fl the rm : Ms . He ranindcd Council that
tonight they arc only pwiag a \'UY aall ponioealw aldlclc m: :rt1, having ahady paad 111'0
onlinanccs OD this iauc, w allowiltg Ille __., t....rer and the odier allowing Caltennial to perform
condemnation .
Mr. Fonda said that Dr. ~ can IICIDliasc widl Highlands Randi replding the CODdcmnaeion .
Highlands Ranch is nqotialing with Ille Stale ....... wllae they will and will nol allow. He (eds that
if Highlands Ranch and Dr. Ola!-. CW ID Ille CI09duliOD thll 11111 is Ille bal way 10 proceed. tlaen we
prol,lbly would no1 object . For Ille City to jlap iaao lllis may dlrow a -.,r wmldl iDno it ud he apin
Sln:aed 1h11 this is bciag pracnsed II a \'UY lane disc .
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March 17, 1997
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Council Member Habcnicbt oft'cn,d that, sillcc this is j• the finl rading. if-.cthing comes up that
cvcryonc can agree 10 bd'ore second reading. it could happen wilhout interfering wilh what is happening
now.
COUNCIL MEMBER WAGGONER WITIIDRI.W BIS MOTION TO TABLE.
Dr. Ohl-. said then: isjull a nall lrianglc that Highlands Raacb Mdropolitan Districts need& for
Highlands Raacb Boulcvanl, the rat of it beloop 10 Englewood and its UIC bas been granted 10 him for
the lall tbirty..fm: )'all. For the like of sarcty, privacy, noile IDIICmenC and ID forth, Dr. OhllOR &Wed
that be would ralber bavc bis CIIIJaDCe, which be is 1UrC the highway cli:putDall will approve if the owner
of the gn,uad duaugh wllidl be IIIUll obtain_._ Myl okay. Other IUD that, be mailllained, tbcrc is 1111
prublcm.
Director Fonda lllled for c:larific:alion that the problem is not the pcnnancnt solution, but rather the
tcmporuy llllutioa. Dr. Ollllon said be --for up 10 about a year . Mr. Fonda said be could get wilh
Highlands Ranc:h, because they bavc 10 have a plan 10 provide him safe access . Dr. OhllDR said be bas a
lcaer 6-diem indic:aeing they will keep it open as long as they can and it is a saep by Slep ~-
Nooe the lea, Ibey don't throw into that formula the fact that it is going IO be a very high 111e <XlllltJUction
road and c.ouaay Linc Road is going to have 1111 traffic on it except big tnds, concrelC tnds, cranes and
tnds hauling materials up IO the cm:rpua 6-the north side.
Council Member Vormittag lllled Mr. Fonda, if the bill is paacd tonight, whether be can wort lhat out
with him before the second reading. Mr. Fonda raponclcd that be will contact Highlands Ranch to sec
what their plan is.
Dr. OblDI added that they arc asking him for the catirc rigbl-d-way, the Clllin: CIIICIIICllt. Mayor Burns
lllled MIil the lepl IIIWl'C of bis cw:meat is. City Allorney ~ lapoeded that be acblllly bas I
ralllldal casemeat and tbcrc is 10111C dispulc ewer wbere that cw:meat lCIUally is. He ICIUally bas a
clmeway that docs not sit in the ralllldal cwmcat. be said, and they bavc llal1Cd oondemoacioo
pn,ceedillp CID 11111 ewmelll, wllich ck!mi--OIICI' aay CW .... wc lu!Yc. Mayor Burns opined
dlll lie dNa't kmw, dial, wllal WC c:aa do. dlil paml.
TIie Dcpaly City Clali: -1111ec110 read~ Bill No. 19 by tide:
COUNCIL BILL NO. 19, INl'RODUCED BY COUNCIL MEMBER VORMllTAO
A BILL FOR AN ORDINANCE REGARDING C-470 McLEU.AN Dn1!.llCJIANOE AtmlORIZINO
NEW DEEDS FOR nus PROJECT WHIOI REPLECT 11E FINAL DESIGN OIANOl!S.
COUNCIL MEM8ER VORMITTAG MOVED, AND IT WAS S&CONDI.D, TO Al'PllOVE
AGENDA ITEM II (a) (Is)· COUNCIL 8DL NO. 19.
Ayes : Council Members Vormittag. Wigins. Habcnic:hl,
w...-,. Clapp. Burns
Nays : Nooe
The mouon carried.
(x) Dinldor foada pnsalOd I mxw ....... icw 6-the UttldoalEaglcwood
WuteMter Tralmall ,._ Supemay c-miace to appnwc by mauoa a CIOllllnlclion contnc1 for
trickling filter lqiair • Ille PIMI .
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Englewood City Council
March 17, 1997
Page 10
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Council Member Clapp Slalcd that she undcnlands that lhc rq,ain could alll anywhere between $200,000
and $400,000. Dircaor Fooda said that is our eslimllc right -just for lhc Cllllll'ICtOr. The IOlal repair
is going 10 be in the range of a millioa and a half dollan. Ms. Clapp asked if lhc $200,000 10 $400,000 is
going 10 be split with the City of Littleloa. Mr. Fonda rapoadcd dial it will be split fifty.fifty with
Littleloa. Ms. Clapp said she allo undenlands dial it is DOI a~_. cunendy. Mr. Fonda said
that is true, although there is a very subslanlial fund balance that will COYCr any of lbcsc: rq,ain. In
addition, the bids 10 the plant came in 2 ~ millioll dollan Wider those bids so -will not exoccd, even
with this rq,air, what -were originally budpting for lhc new plant c:omtruction . We ha\lC it, not as a
designated item, but -ha\lC more than adequate fund raieMS 10 COYCr it, be said.
COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO AWARD THE
CONTRACT FOR TRICKLING nLTER REPAIR AT THE WASTEWATER TREATMENT
PLANT TO CENTRIC JONES.
Council Member Habenicht asked if the City of Lillleton has taken action on this yd. Mr. Fonda said that
Littleton does not take action on this. Their Council has been apprised by lhcir City Manager and lhcn
lhc Supervisory Committee recommends 10 us and, by contracl, -are the ones who enter into the
conlnlels.
Ayes : Council Memben Vormittag, Wiggins, Habenicht,
Wagoner, Clapp, Bums
Nays : None
The motion carried.
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COUNCIL Ml:MalR CLAff DMOVED AGENDA ITEM II (II) M ROM THE CONSENT
AGENDA
COUNCIL MEMBER WIGGINS MOYD, AND IT WAS SECONDED, TO APPIIOVE AGENDA
ITEMS •• (II) (I) TllllOlJGB (w) ON sacon RIADING.
(b) AppnM -Socmd lladillg
(i) ORDINANCE N0.16. SERIES OF 1997 (COUNCIL BILL N0.10.
IJlmlODUCEO BY COUNCIL MEMBER VOllMl'JTAG)
AN ORDINANCE APPROVING TIIE PUROIASE OF A PARCEL OF LAND, A PERMANENr
EASEMENT AND TWO TEMPOllARY EASEMENTS LOCATED ALONG WEST OXFORD
A VENUE BY 11iE COLORADO DEPARTME1'IT OF TRANSPORTATION FOR 11iE
CONSTitUCTION OF ST A~ HIGHWAY BS (NATCHES COURT FRONT AGE ROAD).
(ii) ORDINANCE NO. 17, SERIES OF 1997 (COUNCIL BILL NO. IS ,
INTRODUCED BY COUNCIL MEMBER VORMITIAG)
AN ORDINANCE AlflliORlZlNG AN EASEMENT AGREEMENT FOR 11iE CITY RIGKT-OF-WAY
ON 11iE CITY DITOI llOlOUGH 11iE PROPERTY AT BJS WEST QUINCY A VENUE .
(iii) ORDINANCE NO. 18, SERIES OF 1997 (COUNCIL BILL NO. 16,
INTRODUCED BY COUNCIL MEMBER VORMITIAG)
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Englewood City Council
March 17, 1997
Page II
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AN ORDINANCE AMENDING Tl1l.E 5, OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 Wl1ll
1llE ADDmON OF A NEW CHAPTER 19, ENTITI.ED DIRECT SELLING LICENSES AND
ITINERANT VENDORS LICENSES AND WHICH REMOVES DIRECT SEllERS AND mNERANT
VENDORS FROM ORDINANCE NO. 25 , SERIES OF 1996 AND COUNCll. BILL NO. 11 , SERIES OF
1997, WHICH PERTAINS TOllfEMORATORIUMOFLICENSES INlllE CITY OF ENGLEWOOD,
COLORADO.
(iv) ORDINANCE NO. 19, SERIES OF 1997 (COUNCll. BIIL NO. 17,
INTRODUCED BY COUNCll. MEMBER VORMITTAG)
AN ORDINANCE Atn'HORIZING AN Oll. AND GAS LEASE BETWEEN 1llE
LITTIErON/ENGLEWOOD WASTEWATER TREA1MENT PLANT AND J . MICHAEL McGHEE .
Vote.-lb:
Ayes :
Nays:
The motion carried.
Council Members Vonnittag, Wiggins, Habcnicbl,
Waggoner, Clapp, Bums
None
(v) Council COlllidcrod on~ lading Council Bill No. 18 which would require
an aflidavil ol inlml for write-ill candidlles ud allow Council IO caned an clec:tioll under certain
ciraunstances. Council Member Clapp shared -cili7.en input lhat she received regarding Ibis bill,
stating that, for example, if for mmc reason there is only one candidale for one scat, and IWO or lhrcc days
prior IO die: clcclion. lhc:y do --,bing lbal is criminally M'Ollg or just -..elhing people disagree wilh,
Ibis would DOI allow die: people die: right IO Ill)' no. -up IO die: final day before. Appointing die:
c:andidltc does DOC IICCCllll'ily pnllOCt die: vota'I ud allow diem IO Ill)' yes or DO . Even if ii is just die: one
<2nctidalc, slle llicl, lhc:y may clcciclc IO votc lbal one c:andidltc down .
Council Member Vonniaag asked who lhc:y would YCllc for lhc:a . Ml. Clapp lapondcd "nobody".
Council Member Wigials aid die cudidllc would YCllc for billllelf ud lbal ii all lhc:y would aeed. He
llid ifdlcy arc• criminal lhc:a die: City Aaoncy can.._ us wbdbcr lhc:y would be eligible IO bold
office if lhc:y -cbarpd and llOIIViclod.
Mayor Bums agreed lbal if you were oaly cllarFd, bul DOC aJIIVic::lcd.. lhcrc aJUld be mmc real
OOllllibltioul iaa in pulling them C'Jlf die: ballot.
Council Member Clapp aid you would aat pall diem oft'dle ballo(. She said ii is her undenlanding 11w
lhcrc would be• yes or• DO . City Auorney 8--aid lhcrc would just be one pcrDl's name IO vote
for . Council Member Vormillag added dial die C8lldidlllC would just have IO punch OUI die little cirdc OD
the ballot and be or lihc would be in .
Council Member Waggoncr asked if you have IO file IO be a wrile-in candidale. City Auorney 8nJlzman
said yes, you do have lo file lo be a wrile-in candidalc.
Council Member Habcnicbl said Ibis is such a llicty wicket and lbal she undcrslands lbal you Uy IO be
rcuonablc and rational and planned and you don '1 WUI any upllart candidllcs CXJllling in who upaa
apple cal1S al the last minute. But. !hat ICCDII IO be die: American way, sbc llicl, ud she will prabnbly
vote apinsl ii.
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Englewood City Council
March 17, 1997
Page 12
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ORDINANCE NO. 20, SERIES OF 1997 (COUNCIL BILL NO . 18, INTRODUCED BY COUNCIL
MEMBER VORM11TAG)
AN ORDINANCE AMENDING Tl'J1.E 1, CllAPTER 8, BY 1llE CREATION OF TWO NEW
SECTIONS 7 AND 8, OF 1llE ENGLEWOOD MUNICIPAL CODE 198S, REQUIRING AFFIDAVIT
OF INTENT FOR WRITE-IN CANDIDATES AND ALLOWING CITY COUNCIL, BY RESOLUTION,
TO CANCEL AN ELECTION IF 11fERE ARE NOT MORE CANDIDATES TIIAN OFFICES TO BE
FILLED AT SUCH ELECI'ION.
COUNCR. Ml:MIIER VOIIMITl'AG MOVED, AND rr WAS SECONDED, TO APPROVE
AGENDA ITEM It(') (Y) • ORDINANCE NO. 21.
Ayes: CouDcil Members Vormittag, Wigins. Waggoner, Bums
Nays: CouDcil Mcmben Habmic:bl, Clapp
The molion c:anied.
11. Onlawa, Rmlallaal _. M.._.
(1) Approve on Finl Reading
(i) Din=ctor Gtyglewic:z pnsnled I rec:ommcodalion from the Depar1ment of
Financial Services to adopt I raolution Clllblishing fi:a for Direct Sellers and Itinerant Vendors licenses.
Mr. Gryglcwicz said an applicalion fee is let II SI0.00 and will DO( change from last yar.
The resolution WIS assigned I number and rad by title :
RESOLUTION NO . 41, SERIESOF 1997
A RESOLUTION ESTABUSHJNO FEES FOR DIRECT SELLERS AND l11NERANT VENDORS
LICENSES UNDER Tl'J1.E S. CllAPTER 5, OF 11tE ENGLEWOOD MUNICIPAL CODE 1915.
COUNCR. MEMaU VGmlnTAG MOVED, AND rr WAS SECONDD, TO Al'l'IIOVE
AGENDA ITEM 11 (1) (I) • llltSOUJTION NO. 41.
Ayes : eau.:il Mellllbcn Vonaiaag. Wigial. Habeaic:lll,
w...-.a.,,.e.r.
Nays: Nae
The alllic,a c:arriod.
There -no~ ilems ........ b appnMI CIII IKIOlld iadiDg. (See Apllda Item 10 (b) •
CGIIICIII Apela.)
12 . GeMnl .......
(1) ~' Choia:
1. Mayor Bums advilDd tllll die Deawr Repml Cow:il alGoww 21 (DRCOG) Willa will
be Wodnelday aigbl II whic:b llley will be lfflCWilll apill die 2020 plaa b die Dm\'Cr 1M11n1 ma. He
said this is an CXlftady ~ piece a/wort 11111 dley IIIWe Illa warms OIi far,.,..
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Englewood City Council
March 17, 1997
Page 13
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2. Mayor Bums said he looks fonwud to further input oo the South Broadway &bldy . He said it is
vesy important that wc work with the c:itmns and the busin oo Broadway. He feels wc c:an learn a
lot from the businesses and industries that we arc allempl.ing to squlalc or impnwe, that we c:an learn
from each other, and that is the way we will implement a succ::asful South Broadway &bldy .
(b) Council Member's Choice
(i) Council Member Wiggins
I . He said he -n:ading the moues of the Housing Authority mcding of Jamwy 29, 1997 where
La Jenkins of the His&oril:al Soc:icly is quoted• saying that they~ englllld the IICIVices of an outfit to
raise $750,000 for the l"CIIOnlioo and rmovalioa of the Sama Fe Depot. Mr. Wiggins asked for
confinnalioo that the prumiaory DOie is due to Englewood Housing Authority in April, 1997. Mayor
Bums answered affirma&Mly, saying that the His&oril:al Soc:icly owes a CXlllliclcnblc amount of money to
the Housing Authority. Thal DOie, he said, will he CXlllling up for review, and ooc thing they arc
proposing is, if they actually raise that amount of money. they a,uJd pay that nocc off. Mayor Bums said
they ~ asked them for more information about thcae fund raising activities and what their plan is and
they arc now waiting for that infonnalion.
Council Member Wiggins asked what happens if they do not mcct the April deadline . Mayor Burns said
they would probably just giw them an extension.
Council Member Vonnittag said, for the record, he and two others will be doing that fund raising. He
opined that WC should not ~ that au:b problem raising the money within six naiths OI' IO. He said bis
pl is to pay the Housing Authority ddll free by the cad of the year .
2. Council Member Wiggins said lie w concened that• ... Mollday's Study Scaioo. Council
Member Clapp wanled to ~ a mcctiDg with City M--., Clark and City Aaomcy Brotzman. He said
be -dClignaled al the mccting to meet with lier -Mr. Clark ud Mr . Brotzaaa and the mccting
_. came about. Now, be said, lie Ian that Ms. Clapp did imt WUl bim to be there. but waated
c.c-iJ Mclllbcr Habeaicbl in lieu of lliln. He said lie -1IIODdcn wllal be has~ IO .. Ms. Clapp
...... bim.
Council Member Clapp llakld that lie has~ notllillg ..-lly wruag. SIie feels sbc has de\'doped a
rdafionohip owa tbc ... year with ec..cil Mclllbcr Habalidll aad fecls -comi1111llllc with bcr. As
of 'Jlwnday, sllc said, she 1111d imt llcMd uydlillg liaa ..,-IO sllc figun,d IKJ 1111C would ~ any
problem with pollpOning that. F~ sllc said, Ille bad undcmood that City Manqcr Cluk -
going to be out of town this ... Mek. SIie said Council Member Wiggins -welcome to sit in if he
would like.
(ii) Council Member Clapp
I . She said, in light of IOIIIC currcal i-and 10111C public input. sbc would like to direct the City
Attorney to draft an ordinance probibiting double dipping and 1111WC fonwud at our next ieplar .aion.
2. Ms. Clapp said she thought it would be• IIIOd idea ifwc dnftal an ontinancc that would require
all ordinances coming from mff"IO be .-al by a Council ia-.
3. She aid she has been asked by a constituent to review wily we ~ no-parking in 111111e arc..
In that she has 11111 been inwlved in any IIO-flUkjng aras in bcr IICrvicc oo Council, she aid lhc is 11111
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Englewood City Cooncil
March 17, 1997
Page 14
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why we have them and mdly a>Uldn't answer this gentleman's questions. Responding to Cooncil
Member Vormittag, Ms. Clapp said this is primarily around the high school.
City Manager Clark said ~ is quite a bit of hillOry on !hat. He oO'ercd to facilitate a meeting with Ms.
Clapp and the citizen. Ms . Clapp said she would like a letter with the bullet poiDIS as to why this came
about.
Council Member Waggoaer said lhlft an: ditrerenl reasons for different an:as .
Council Member Habeaidll said lhal each oac of lhoae came as a rault of petitions from ciU7JCIIS within
the area. She said they came bdcR CGuncil and lhlft were neigbborbood meetings and they came up
with IIOIUlions for the pniblems. Each -diffaml and -initialed by residenls of the an:a.
Council Member Vormittag said they were from llUdcnl parking during the day and another was sporting
events. They were all lCbool R:laled .
City Manager Clark said they aJUld prubably put togctber some kind of aiacise rq,on and send it out to
C\'Ciybocly on the history over lhlft.
4. She said she -8*ed to wrify something that came out in a Planning and Zoning meeting.
Carlene Walker states Iha! the City has some kind of a labor contract with her business. Standby. She said
she is R:ally aarious 10 find out if lhal is uue. She said she highly cloubls it.
S. Council Member Clapp said she would lillc IO addral IOIIIC letters !hat have come from staff'.
The first one -from City Maaaaa' Clark dated March 13, 1997 . Reading from a prepared letter, she
said ~1 do not agree with Dan Brumau 's opinion coacemillg Article VII, Section S2 (g) and (b). I
beliew: it would be prlldall to leek uodler lcpl opillioa on Ibis maacr to prolCCt the City of Englewood
against poaible future lepl Iilllilily for violalion of die City Charter."
Addreaing Mr. Clalk., • c:ioaliaued -v ........ ii ... dear dial you enclone the conccpl of clomle
clipping pemms II die City's expclllC. I llllrc ~ ~ widl ,--position. Englewood should pay
out only oac pcmion per city employee. Our cily pv::nza:s -• designed to make its employees
rich.
c.oncieming Al Slaalcy'1 _.... dllOd Maida 12•, 1997 IO you -.ing die IUbjcct of' Assillanl
City Manager POlitioa'. Siacc you cllOlc to ... dlil -IO -aloag widl your memo, I can only
coacludc lhal you an: in lllcal agrecmcal widl ils caalellll ud laae.
In one iDSlancc Al SCanley states 'I am not intere&lcd in retirement and then being hired as the AssiSlanl
City Manager'. In the~ next IIClllcDClc Mr. Stanley llatcl 'I mipl lla\'C bca Ullder diff'erent
ciraimllanca'. I take this to mean lhal be would lla\'C enjoyed the opponuaity to take retiranent and a
city pay check if no one would lla\'C objcc:U,d . Sounds a little like IOUI' grapes to me .
Mr . Stanley seems to objccl IIIOII YCbcmenlly to my having the audacity to dan: ask any qucltions that
even touch upon the iaue of whal a,mpensalion would be paid to him in the CYCIII be is hired as the
Assistant City Manager. He states lhal it is 'IDOO(, hypolhdical and a waste of time to answer'. Further,
Mr. Stanley suaes lhal my concerns arc 'intemal administrative issues and lhcreforc outside the scope: of
council '.
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Englewood City Council
March 17, 1997
Page IS
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Any time you or any other department bead proplllCS to creaae a positioo in city panmcna tbal pays out
-U ow:r SI00,000 a year to a new employee I am going to ask queslions and plCllly crl them. Any
Council Member who objects to such queslions is derelict in their duty to the people who dcctcd them.
Mr. Staalcy lilalcS in the memo 'If thele issues alllli-to be a CIOllllCl1I and illlafae in the daily
openlicms crlthe city, they can c:uily be remedied'. I fail ID ICC bow asking pcniaalt qllClllims about a
pClllilllc salary in the ran,c crllix figwa b a prapllled -positioo will 'interfere ill die daily
openlicms crlthe City'. Furtber, would Mr. SlaDley cue to elabonlle oo the veiled thrc:al crl 'can be c:uily
remedied'?
Doug. you -Mr. Slanlcy -1111)' odlcr deplltmclll bead -"iag b the citians cr( Eaglewood will tell
me w uy atllcr IIIClllber crlthe clllly elecled c.o-:il wbal is or ii IMlt our -rqanliag City
"'*-. c-il--.. ao die~ crf Eaglewood. not to the City Maaapr w the Sarety Semc:a
Maaapr. It is your jab to a,mply with all lawful requcslS for informalion from Council Members on any
and all maaen C011Cer1W11 City pemment.
Doug. the toae crlMr. 5eu1cy·, --i-aent and bordering upon iaibonlination. Not salisficd
with limply cldMriag aac:11 a foolish and ill advised llalallent, Mr. Slanlcy cllOlc to adw:rtise bis
ClOlllallpt tor Council by cxipying the enlire safety lelVia:s llafr as -U as all depanmcnt beads. His intent
by this action is clear, Mr. SlaDley MIU to CIICICIUf'alC iaibonlination and COlllelllpt by odlcr Slaff
mcmben.
I am astonished thal you lacked the pod judgment necessary to QOWllel Mr. Staalcy against sending S1ICh
a clialribe . Wbal's CYCII mcn llltollislling is tbal you cndoned it. Doug. have you fc>rgoacn who you wall
for? You MR not hired ID ICU die c-il wllal to do or wbal to thim. Your actions inmlt the citizens
or Englewood and bring dqgragc to your aftkc.
Doug. I walll this niply iacllllled ill,_-per--' file aad Al Staley's sia--1 file along with your
and Al Slanlcy's ori&iMI w. See ID ii dial dais --ii dilb__. to the same people wllo ieceived
Mr. Staalcy's origial--. all City C-=il IIIClllben, ..,._ dinaors wl Safay Semc:a llaft'."
Ms. Clapp said she -acl lilie all crl the documenlalioa to be Clltcnld Ullo public record.
IClert's note: Doc:umenlalion illcludcs Rapouc to Doug Cart from Council Memdlcr Clapp. dllCd
Mardi 16, 1997; Mawaadum to Mayor Bums and Members crl the City Council from Doug C1art, dllCd
Mardi 14, 1997; Manorudum to Council Member Lauri Clapp from Doug Cl.alt, daled Mardi 13, 1997;
Memorandum to Doug Cart from A .F. Staalcy, dated Mardi 12, 1997; E-Mail Message to City Attorney,
City Council, llld City Mana,er from Lauri Clapp, dlled Mardi 11, 1997.)
(iii) Council Member Wagoner said to~ him out crlthc loop.
Council Member Wigias said "thal makes two."
•••••
Mayor Bums said he would lille to CXIIIIIIIClll 00 OIIC dling. Rqanlina Council Member Clapp' s rcques1
thal onlinanccs be spolllOl'Cd by Council Members, be said be has DO idea bow far thal will go . II seems
tberc are an awful lol crl onlinanccs that come from Slaff that arc adminillnlivc and honsdlceping. He
cxpreaed COIICall about the wlume ol meelinp and phone calls that would have to be clone to ,eaer11e
thal kind crl a requat. He said it --mind boaling.
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Englewood City <:.ouncil
March 17, 1997
Page 16
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Council Member Willi• aid ii would be ral simple, WC dcsignale one, WC lake IUms, one week you've
got ii, nexl week I've got it. So whit. he said, big deal, lllil is ridiculous.
13 . City M-.r"• .,_.
(a) City Manqcr Clart rq,ortcd on lhc lllllll al Cinderella City. One of Ille significant
cllaqcs from last lime, he said, is dial he IDCl willl lhc de\daper last week and, given Iha! he is behind
IChedulc, lhc Ncighbomood and ~ ~ el1111 •• Slaff will be meeliag willl him Ibis week and will
be revising .... IChedulc. As IOOII • ii is IIVlilablc ii will be ICIII OUI in lhc Council packets.
Mdilionllly, the clc\aopcl' plaenled a pro fixDa in abOUI early 199S and, be said, wc have fa!UClllecl Iha!
the pro fixDa be updated. 1'llal meding will lake place -lime llexl Mllilk. Fmthcrmorc, he said, al
the last meding wilh F.quitablc, they apa,d IO llcp up dlcir activities wilh iqanl IO 10111C al the lcalc
sum:nden OYCI' lhcR. 'l'hcR are thnlc 1-, Monlgomcly Wards, Leas Cl'llftc:n and IOIIIC lype al office
uptbcrc.
Council Member Waggoner asked when lhc reviled agrccmcnl wilh Equilllblc will come forward. City
ManaF' Clark respomled dial Mille Miller and lhcir loc:al aaomey are still -'ting on ii and he bas IIOl
heard anylhing since: last week. He aid they bad a lellion and Ibey were WOlting on some rmsion al
language and under our lilac flame WC MIiied IO Fl dial done by mid-April. He aid Council will F( a
full reviled a,py and • Sbldy Sellion will be IICbeduled.
Mayol' Bums aid ii is YCIY impor1anl IO move Ibis aloag -• wc are al lhc poilll now wbcrc wc can
make IOIIIC progress .
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Council Member Habeniclll llid, willl rcpnl IO our dimmioe wilh the people from Soulh SubwtJan
abOUI bike plllll, lbc would like ID have .,......hiag afflcial oe die reconl IO follow through on Iha!
invilalion IO have our Danaalllb ....,._,ioa be die YC1Y IICld w . She aid we havc been plllliag a 1oC al
money into dial lrail ud ID -.y al our pc,aplc rally don 'I have accea ID it. 'l1lcy -10 be willing ID
lake Iha! on and aa)'llc we nml ID ICiJlC die -ud willlM:I' IICICldl ID be doae officially, lbc llid,
she would like IO have OIi the wriacn reconl dial WC are .... IO ID ahead willl ......
Council Member Wagoner asked if dial is in die CGmervllion Tnlll Flllld budF( or whclhcr wc havc 10
have a l'Cllllulion on dial.
City ManaF' Clart aid be would cbcck on Iha!. he lhoupl ii -ll)ing 10 be brouglll forwanl OU1 al die
Conscrvalion Tnlll Fund.
Mayol' Bums commented lhal he lhinks ii is YCIY exciting lhal lhcy are Mlfting on Ibis ud lhc other
project also, he is YCIY plealCld Ibey are moving ahead on bringing lhal bike palb down IO die South Plaac
River and acroa IO lhc bike lnil.
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Council Member Vorminag asked. rqanlillg die Sludy Sellion .-. if die South Broadway Aaian
Plan bad been sufficicndy CIOVCl'Cd or whclhcr ii should be CIOVCl'Cd apin.
City ManaF' Clart aid be WUlcd IO lallt IO lhcm a little bil -abOUI cnforcrmcnl pc11bR ud Ibey
never rally got IO Iha!, althougb Ibey provided lhc pnlOCIS. TbcR llas been dilCUaion bet-. Ital' llld
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Englewood City Council
March 17, 1997
Page 17
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IIOIDC al lbc Council Members, he aid, IDd feels it really lffilnls filll Council llltaltion as to what type of
enfon:ement pollUre they sboulcl take witla lbc Saudi Broadway Plan.
Council Member Vormitlag llid lie waald lillc IO .. dill «-aaadler Study Scaioa agenda IS 9000 as
poaiblc.
Mayor Buns lllbd. uce il is CDIIUII IO• ........ die pllblic lariDI plUllCII anyway, if we are getting
abeld oldie pac. City Allanley ...._ ..... dill it_.., diem duoup Planning IDd z.oniDg
IDd tlleir aext ai:lioD will lie IO llpplllt die....._ cw aodif)' it. 'l'llcft ism, pulJlic 1-ring requimt on
that ........ it is. Im .. ill die ..-at .... variely af adler ~ that will lie CXJllling
fonward. he advilDd. .......... 1.oailll ...... tine pllblic hcarillp OIi that issue.
Mayor Bumi felt -lleill'C M .. i. .-. : C M 111M IO kmw wllac Mare trying IO enfolce. He
allowed dill City Maaa,er Clark ... beea _.. in that meeting dlac lbcle WIS ID much OD lbcir
plale dlac M couldn't rcally fillisll it all. Md iDdeed M clida 't ba\'C time CO pn,pcr1y addrca chat.
14. City AttaneJ'• llepert
(a) City Acsomey Brotmlan said he bas bad a reqllCl7 fnlm Council Member Wagoner to
update die leC)'diDg IO plac,c-afdle bunlen OD lbc Wlllle llalller, ndler thaD lbc citizen. He said lie
will lie cloiDg. ralraft af dlac onliaaDcc. Oil Couacil cliia:ead--. lac aid, ftidl would include
lbc :WO -oaes, :hole ba\'C IO 10 to a Study Scaioa IDd ba\'C a dilllWMIII by Council before Ibey are
pus OIICO lbc agenda. He said Ibey will lie drafted. buC they will lie on die Study Scaioa qenda.
(b) He ubd for lbouc ftfteea minules in ExecucM Scaion after lbc sqpdar meeting IO
clilCw acptialions wieh Home Lumber.
COUNCIL MENSER WIGGINS IIOVU, AND IT WAS RCONDD, TO GO INTO
DEC011VE SESSION POI.LOWING THE lt&GUIAa IID11NG TOD~ HOME
UJJOUt NEGO'l1A110NS.
A)'a:
Nays :
The motion carried.
15 . Atljla1 r C
c-:ilMalllell Vonaiccag. WigiM. Halaidic,
w..-,, Clapp, ...
Nc.e
MAYOR aUJtNS IIOVU TO ADIOUllN. TIie 1110C1iac ...... as 1:55 , .•.
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2.
3.
4 .
Call to order.
Invocation .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MARCH 17, 1997
7:30P.M.
'1 :3t:J p.,n.
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Pledge of Allegiance. .{;~
Roll Call . (p~
Minutes. . ~s.
~t,-0 a. Minutes from the Regular City Council Meeting of March 3, 1997.
Scheduled Visitors. (Please limit your presentation to ten minutes.) ff
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Proclamation declaring the week of March 16-22, 1997 ~ l'*'national DeMolay
Week.
" n_.. :.u-",oc . t"I~~ Proclamation declaring the week of April 6-12, 1997 ~ luilclna Safety Week .
CJof(J (, 'O d. Proclamation declaring April, 1997 as the Month of the Young Child.
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1 I "'e. letter from Joan Miletto indicating her resignation from the Englewood Cultural Arts
r, Commission.
9 . Public Hearing. (None scheduled)
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Gty Council Agenda
MMch 17, 1997 ,.2 t/).)/At()~ 10~,11~~
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10. Consent Agenda. ~ _ ~ ;oa..x 6./lfffl ~
a. Approve on First Reading.
ii.
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iii.
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Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Adult Entertainment Licenses, and removing the license from the
moratorium . STAFF SOURCE: Frank Gryglewicz, Director of Financial
Services.
Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Purchaser of Valuable Articles licenses. STAFF SOURCE: Frank
Gryglewicz, Director of Financial Services.
Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Tobacco Dealers licenses. STAFF SOURCE: Frank Gryglewicz,
Director of Financial Services.
iv. Recommendation from the Department of Financial Services to approve a bill
.ij A, I. for an ordinance adopting a new chapter in the Englewood Municipal Code
C,f; "f pertaining to Weapons Dealers licenses. STAFF SOURCE: Frank Gryglewicz,
Director of Financial Services.
V. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Special Events licenses. STAFF SOURCE: Frank Gryglewicz,
Director of Financial Services.
vi . Recommendation from the Department of Financial Services to adopt a
fl -~~~ resolution approving a supplemental appropriation of Public Improvement Fund
~ reserves to fund three 1997 projects that were submitted after the 1997 Budget
was approved. STAFF SOUICES: Frank Gryglewicz, Director of financial
Services and Chuck Esterly, Director of Public Wortcs.
vii . Recommendation from the Department of Public Works to adopt a Resolution of
~ b.j;~Olntent to form Paving District No. 38. STAFF SOURCE: Chutes Esterly, "JI' Director of Public Wortcs.
viii . Recommendation from the Department of Neighborhood and Business
Development to adopt a bill for an ordinance approving the 1997 Enterprise
Zone Marketing Contract . STAFF SOURCE: Arthur Scibelli, Business
Community Coordinator.
Recommendation from the City Attorney's Office and the Department of
Utilities to adopt a bill for an ordiNnce authorizing new deeds for the C-470
Interchange STAFF SOURCES: 0.. lnJlzman, City Attorney and Slewart
Fonda, Director of Utilities.
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'Uly Council Aaenda
MIich 17, 1997 ,.,
Recommendation from the Littleton/Englewood W.stewater Treatment Plant
Supervisory Committee to .approve, by motion, a construction contract for
trickling filter repair at the Pwlt. The Committee recommends .w.arding the
contract to Centric )ones, the Plwe 1 b contractor. ST Aff SOUICE: Stewart H.
Fonda. Utililies Director.
. b. Approve on Second Reading. C/Jwip,,<,RU 10 b v' r ~
1• ,;.q~ _ ~ i. ttl& Council Bill No. 10, approving two Temporary E.uements ill'ld one Permanent
I},/]. I i Off' tfll-11, Easement on Oxford ne.r the Golf Course. ~ iii IV ii . .,. Council Bill No. 1S,~ngtheGrantofCity0i1Ch Easementfor83S W. ,, b 1,II, 1 t,,J .~l'f Quincy Avenue.
[g'O iii. Council Bill No. 16, adopting a new section to the Englewood Municipal Code . Mt" pertaining to business licenses for Direct Sellers and Itinerant Vendors and au· removing the licenses from the moratorium.
iv-Council Bill No. 17, approving.,.. Oil and G.s LNSe for the ~-1 Littleton/Englewood llenefiNI Use fMm.
• 1 _:.~ -~~v . ...l, Council Bill No. 18, requiring ill'I .tfidavit of intent for write-in c.andidates and ~ fJJ~ fl~ ::\'f°J> a~lowing Council by resolution to cancel ill'I election under certain
~:). ( ~ .J circumstances.
11. OrdiMneeS, Resolutions, Mid Motions.
a. AppOlle on Arsl Reading.
i. Recommendation from the Depa,tment of Financial Services to adopt a
fJ ...... ~I ll!SOlulion esaiblishint fees for Dinla Sellers and ltinaant Vendors licenses.
~ STAff SOUICE: fl'8llk Glt ... •lcz. ..... • HRH cial Sanic:a.
b. AppOlle on Second Reading.
12. General Oiscuuion.
a. Mayor's Choice.
b . Council Members' Choice.
13 . City Maflaler's Report.
a. Cindereli. City SIIIUs Report.
14.
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City Council Apndai
MMch 17, 1997
Page4
AdjoummenL '2 '. 5 6 p-rr1
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The following minutes were transmitted to City Council between 02/28/97-03/1 '3/97:
• Englewood Housing Authority annual meeting ex January 29, 1997
• Englewood Housing Authority regular meeting ex January 29, 1997
• Englewood Cultural Arts Commission meeting ex February S, 1997
• Englewood Parks and Recreation Commission meeting ex February 13, 1997
• Englewood Election Commission meeting ex February 14, 1997
• Englewood Planning and Zoning Commission meeting ex February 19, 1997
• Englewood Liquor licensing Authority meeting ex March S, 1997
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY, COLOliDO
Mardi J •• ,,,
I . Call to Order
The rqular meeting o(thc Englewood City Council was called to order by Mayor Bums at 7:42 p .m .
2. lnvocalioll
The invocation was gi\'ell by Council Member Wiggins.
J. Pledce at Alle&iuc:e
The Pledge of Allegiance was led by Ma)'OI' Bums.
4. Roll Call
Present :
Absent :
A quorum was praent.
Council Mcmbcn Clapp, Wiggins, Habenicht. Vonnittag. Waggoner.
Bums
None
Also present: City Manager Clark
City Anomey Brouman
City Clerk Ellis
Director Eslcrly, Public Worb
(Clerk's note: The Distrid I Council seal is vacant due to lhe recall of Council Member Hathaway by a
majority of lhe vote at the Janua,y 14. 1997 Recall Elec:lion.)
5. Mlaata
(a) COUNCIL MEM8ER WIGGINS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or THE UGULAR MEETING or naRUAllY II, .,,,.
5 Al
Ayes : Council Members Vonainag. Wiggins. Habeaicbl. Waggoner, Clapp,
Buras
Nays : None
Motion carried.
6. Sdledllled Vlliton
There were no scheduled visiton.
There were no non-scheduled visilOl'I .
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Englewood City Council
Marth 3, 1997
Pacel
8. Communications, Proclamatioe1 and Appoi•«-tl
(a) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH REGRET DONNELL CURLEY'S LETTER OF RESIGNATION FROM THE
ENGLEWOOD CULTURAL ARTS COMMISSION.
Motion carried.
Ayes: Council Members Vormittag. Wiggins, Habenicht. Waggoner, Clapp,
Bums
Nays: None
(b) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO
ACCEff WITH REGRET STEVE MULHERN'S LETTER OF RESIGNATION FROM THE
ENGLEWOOD HOUSING AUTHORITY.
Motion carried.
Ayes : Council Members Vonninag. Wiggins. Habenicht. Waggoner. Clapp,
Bums
Nays : None
Mayor Bums Slalcd lhal Mr. Mulhern was an excellenl member and we wish we could have kepi him. bul
wi1h his job ii was j11S1 nOI possible.
Council Member Vorminag noled lhal Ibey miss him on lhc Urban Renewal Au1hori1y also, lhal he was
very good .
9 . Public Hearin&
No public hearing was scheduled before Council.
MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (vi) PROM THE CONSENT AGENDA.
COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 18 (a) (i). f•). (iii). Ch')_. MON PIIIST HADING.
(a) Approve on Fina Reading
(i) COUNCIL Bill NO . 16 • INTRODUCED BY COUNCIL MEMBER
VORMl1TAG
A BILL FOR AN ORDINANCE AMENDING 1Tll...E S, OF ntE ENGLEWOOD MUNICIPAL CODE
1985 WITH ntE ADDITION OF A NEW CHAP1El 19, ENTITLED DIRECT SELLING LICENSES
AND ITINERANT VENDORS LICENSES AND WHICH REMOVES DIRECT SELLERS AND
ITINERANT VENDORS FROM ORDINANCE NO . 25 , SERIES OF 1996 AND COUNCIL Bill NO .
11 , SERIES OF 1997. WHICH PERTAINS TO ntE MORATORIUM OF LICENSES IN ntE CITY OF
ENGLEWOOD, COLORADO .
(ii) COUNCIL Bill NO . 18, INTRODUCED BY COUNCIL MEMBER
VORMITTAG
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En,:lcwood City Cooncil
March J, 1997
Pa~J
A BILL FOR AN ORDINANCE AMENDING Tl1l.E I, CHAPTER 8. BY THE CREATION OF TWO
NEW SECTIONS 7 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 198S, REQUIRING
AFFIDAVIT OF INTENT FOR WRITE-IN CANDIDATES AND ALLOWING CllY COUNCll., BY
RESOLtmON. TO CANCEL AN ELECTION IF THERE ARE NOT MORE CANDIDA TES 1lfAN
OFFICES TO BE FILLED AT SUCH ELECTION .
(iii) COUNCIL BILL NO. IS . ll'rfROOUCED BY COUNCIL MEMBER
VORMITTAG
A BILL FOR AN ORDINANCE AI.TllfORIZING AN EASEMENT AGREEMENT FOR THE CITY
RIGHT-OF-WAY ON THE CITY DITCH THROUGH THE PROPERTY AT 83S WEST QUINCY
AVENUE .
{iv) COUNCIL BILL NO. 17, ll'rfROOUCED BY COUNCIL MEMBER
VORMITTAG
A BILL FOR AN ORDINANCE AlJJllORIZING AN OIL AND GAS LEASE BETWEEN THE
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT AND J. MICHAEL McGHEE .
{v) COUNCIL BILL NO. 10. IN11l0DUCED BY COUNCIL MEMBER
VORMITTAG
A BILL FOR AN ORDINANCE APPROVING THE PURCHASE OF A PARCEL OF LAND. A
PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS l..OCA TED ALONG WEST
OXFORD A VENUE BY THE COLORADO DEPARTMENT OF TllANSPORTATION FOR 11iE
CONSTRUCTION OF ST A TE HIGHWAY 8S (NATCHES COURT FRONT AGE ROAD).
Varealll:
Ayes : Council Members Vonnittag, Wiggins. Habenicht. Waggoner. Clapp.
Bums
Nays : None
Motion carried .
(vi) A resolution establishing the annual salary for the City Manager was
amsidcrcd .
The resolution was assigned a number and read by title :
RESOLtmON NO . 38, SERIES OF 1997
A RESOLtmON ESTABLISHING 11iE ANNUAL SALARY FOR THE CITY MANAGER.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (a) (vi)· RESOLUTION NO. JI, SERIES OF 1"7.
Ayes : Council Mcmbcn Vonnittag. Wiggins. Habenicht. Waggoner, Bums
Nays : Council Member Clapp
Mocion carried .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PROVE
CONSENT AGENDA ITEMS It (It) (I) M4 (II) ON SECOND HADING.
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Engl-ood Cily Cooncil
Man:h 3, 1997
Page4
(b) Approve on Second Reading
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(i) ORDINANCE NO . 13, SERIES OF 1997 (COUNCil. Bll.L NO . 11,
INTitODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON
CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDmONAL PERIOD OF FOUR
MONll{S.
(ii) ORDINANCE NO. 14, SERIES OF 1997 (COUNCIL BILL NO . 13,
INTitODUCED BY COUNCIL MEMBER VORMITT AG)
AN ORDINANCE AMENDING TITI..E 12, CHAPTER 2. SECTION I, SUBSECTION D. OF THE
ENGLEWOOD MUNICIPAL CODE 1985.
VOie raulll:
Ayes: Council Members Vonnittag, Wiggins, Habenicht. Waggoner. Clapp.
Bums
Nays : None
Motion carried.
11. Ordinances. RCllolu1ion1 and Moeion1
(a) Approve on Firsl Reading
(i) Dircctor Eslerly presented a n:commcndalion from the Department of Public
Worts to adopt a bill for an ordinance forming a Concrete Utility, and rccommcnding thc setting of a
public hearing 10 recci-vc cili=i input on April 7, 1997 . He Slaled thal it remains the rcsponsibility of
every properly owner lo maintain the concrcte curbs. gutters and sidewalks thal arc adjacent to their
propcnics. Mr. Eslcrty explained that the City has historically becll responsible for cross pans, ooncre1e
alleys and alley cntranccs. He advised that the Concrete Utility will provide a ooncre1e ~I
savings plan and a payment plan that is rclati\'Cly con-vcnicnt for the pn,pcny <M'IICl'S 10 use. using the
water syS1cm billing. A ponion of the fees for concme on corner properties would be cxcmpted and this
ordinance places thal exemption at 70"!..
Council Member Waggoner asked if that exemption is for the side Slrcct only . Director Eslerly Slated lhal
it is juSI for the side Slrcct on comer propcnics.
Council Member Habenicht asked if the City will ~ in the CXlll ol the concrcle in front ol the home or
is it just if they arc pan of the utility then ii is a savings plan . Dircctor ESlcrly DOied he is a little confused
as that sounds like two differcnl qucSlions . Ms. Habcnichl said then answer the lint one, will the City be
paying for pan of the mainlcnancc of the ooncrele in front of thc raidcnce . Mr. Eslerly swcd the City
would continue 10 pay for mainlcnancc of lhe COIICmc on curb n:cums, would continue to mailllain and
replace or provide in lhc lirs1 place, handicapped ramps II corners. would continue 10 maintain alley
entrances thal arc concrete and would conlinue 10 repair, replace and install concrc1e cross pans, which
an: drainage Slruclurcs going across from one corner 10 another.
Council Member Habenicht asked if lhc:rc is any shared CXlll bclween thc City and thc pn,pcny owner on
residential sidewalks. Director Eslc:rly advised 1h11 lhe shared CXlll would only be for comer p,opcrtics.
Council Member Waggoner added I hat ii is only on the side llnld. Ml. Habenicht said lhcn this isn't a
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Eni!ewood City Council
March J, 1997
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cost sharing. Mr. Esterly explained that it is shared to the extent that the City ponion of it. that will
continue to be funded. comes from General Fund revenues.
1bc City Clerk was asked to read Council Bill No. 14 by title:
COUNCIL BILL NO . 14. INTRODUCED BY COUNCIL MEMBER VORMI1TAG
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A BILL FOR AN ORDINANCE CREATING A CONCRETE IJTILITY AND El'ncRPRISE FUND FOR
1llE CITY OF ENGLEWOOD. COLORADO. 11ffi PURPOSE OF 11{JS ORDINANCE IS TO
PROltCT 1HE PUBLIC HEAL nt SAFETY AND WELFARE AND TO COMPLY Wfl1i ALL
APPLICABLE FEDERAL AND ST A TE LAWS WHICH REGULA 1t 11ffi CONCRETE UTil.ITY BY
CREA TING IN TITI.E 12. A NEW CHAPTI::R 8 -CONCRElt IJTILITY AND CONCRETE UTILITY
ENlcRPRISE FUND .
COUNOL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (i) -COUNaL BILL NO. 14 • ON nRST READING.
Council Member Wiggins said he wanted them to be awa,e that 12-8-7A shows it is 70"/eofthe total area
of concn:te along the secondary frontages. rather than the previously discussed 50"/o .
Council Member Waggoner reminded Council that we finished the concrete districts. per se. We staned
out several years ago and we were asked at the time to come up with an alternative source of funding . He
stated that this elfon with this concrete utility is a ,-alt of all those discussions in trying to come up with
a reasonable way to fund concrete replacement within the City of Englewood .
Mayor Burns pointed out that it docs have a feature where you can op1 out and you can op1 back in under
oc:nain circumstances at a later time.
Council Member Habenicht stated that she will VOie no on this because. ever sinoc: they have been
discussing the concrete issue. she bas supported that there be -_, of sharcd funding O\'Cf the
maintcnanc:c of concrete by bolh the City and the propcr,y owner. Ms. Habcnic:lll opined that this docs noc
quite go far enough . She COIIIIIIClllcd that she thinks this is just a differail funding mccbuism. that it is a
wonderful funding mechanism as far as it goes, but that she thinks that people in the community who
wen: looking to sec somclhing dill"crcnt were looking for inon: of a shared thing. dwl jusl a dill"crent way
of funding.
Council Member Waggoner said he would ha\,c to address that. He opined that if they rcmcmbcred the
chans Mr . Esterly showed them. between the C0'1 of the City shared function and what would come in
from the Concrete Utility, that that was about a 50/50 split. He asllcd Dircclor Estcrty if that was not uue.
Mr. Esterly said if they include the continuing funding la-el for the handiappcd ramp, new~
which is a little different from maintcnanoc:. Council Member Waggoner said that is uue. Mr. Estcrty
noced it was about even.
Council Member Clapp Slated she would also have to vote no on this, for basically the same reasons that
Council Member Habenicht bas jUSI expressed .
Vace,-lts:
A)"CS: Council Members Vormittag. Wigins. Wagoner. Bums
Nays : Council Members Habenicht. Clapp
Motion carried.
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Enctewood City C011ncil
Man:h 3, 1997
Pa,:e 6
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Council Member Waggoner qUCSlioncd whclhcr Council should SICl the public bearing. City Attorney
Brotzman advised that this does noc rcquin: a public bearing. but that it has been rcquesled from Public
Works to do so .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBUC
HEARING ON mE CONCRETE U11LITY, COUNCIL BILL NO. 1,, FOR APRIL 7, 1997 AT
7:JOP.M.
Ayes : Council Members Vormittag. Wiggins. Habenicht, Waggoner, Clapp,
Bums
Nays: None
Motion carried.
(b) Approve on Second Reading
(i) Mayor Bums Slalcd that he will abstain from voting on Council Bill No. 12 on
Second Reading. jUSI as he did the first time. because ii involves the Housing Authority.
The ordinance was assigned a number and read by title:
ORDINANCE NO. 15 , SERIES OF 1997 (COUNCIL BILL NO . 12. INTRODUCED BY COUNCIL
MEMBER WIGGINS)
AN ORDINANCE APPROVING AND AU1llORIZING THE EXECtn"ION OF
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1997 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BE1WEEN THE ARAPAHOE BOARD
OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPllOVE
AGENDA ITEM 11 (11) (i) -COUNCIL BILL NO. 12, ON SECOND READING.
Ayes: Council MembcR Vonnillag. Wigim. Habcaichl. Waggoner, Clapp
Nays : None
Abstain: Mayor Bums
Motion carried.
12 . Geaeral DillClllllioa
(a) Mayor's Choice
I . Mayor Bums said he jusl wanled IO n:mind C\'CIYC)IIC dull there is a Neighborhood Waleb
meeting tomonow night al the Malley Center. He cncounged evcryoac in the Neighborhood WIICb
Program IO attend.
2 . Mayor Bums advised thal he will be attending RTI>'s "Guide the Ride" kiclt off program on
Thursday down al the Convention Center. Along with that. he IIOICd. then: is a bill moving tbroush the
Lcgislatun:. Senate Bill 55. to have a public VOie on the incrcuc oCRTI>'s tax by 0 .4 percent.
3 . Mayor Bums stated that he has been asked to remind Council o( the Citil.CII o( the Y car and
Town Meeting Celebration that we hold every year, usually in May. He said they an: encourqiag
everyone 10 suggcs1 people they might ha,-c in mind for c:andiclalcs for Citizicn oCthe Year for 1997. He
asked that they please let the City know if they have people in mind. Mayor Bums conunenled 1h11 we
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Enclnl'ood City Council
Man:h J, 1997
Pa,::e7
have always recognized grcal people as Citizens of the Year and we are looking forward to this again this
year.
(b) Council Member's Choice
(i) Council Member Clapp said she wanled lo follow up wilh the complaint she
received at the meeting at All Souls. She Slated she has not heard anything back from Ciry Manager
Clart yet and was wondering when she might hear something on that
Ciry Manager Clart advised that 1hcy are doing an inremal i1MS1iga1ion and he has not received the
results from lhat yet.
(ii) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS
SECONDED, THAT COUNCIL GO INTO EXECUTIVE SESSION IMMEDIATELY
FOLLOWING THE REGULAR CITY COUNCIL MEETING TO DISCUSS SEVERAL REAL
ESTA TE TRANSACTIONS.
Ayes: Council Members Vormittag, Wiggins, Habenicht, Waggoner, Clapp.
Burns
Nays : None
Motion carried.
(iii) Council Member Habenichl complimented staff on all of the hard work Ibey did
pulling together the first Tent Meeting. She commented that it was unfonunatc that it was not a very
good weather night but that in spire of the weather it was marginally well attended. Ms . Habenicht Slaled
that a lot of people put a lot of rime and effon into it and those people who came enjoyed ii. She pointed
out that maybe lhe acoustics weren '1 the greatest for the dilCIISlion meetings and a few people indicated
that they dido 't realize they were going on. lhat perhaps we should have announced them better. Ms .
Habenicht noted 1ha1 other than lhat she was impressed with the displays. She thought C\-erybody was
really c.'CCired looking at the South Broadway plan. which rcccived a lot of attention . She opined we will
have a lot of discussion about arches coming up. She said sbe thought it was a good eff'ort and hopdully
at the next one people will take advantage of rhe meeting and come in a greater number. because she said
she thinks it will wort .
Mayor Bums advised thal he fully intended to attend rhal mccting, bul that he heard the SICI up was good
and the ancndancc was not as good as we might have expcctcd . He noted that he was at a Housing
Authority meeting thal night 1ha1 lasted so late he was unable to make the Tent Talk and he was very
disappointed.
(iv) Council Member Vormittag said that he wanted to piggy back on what Council
Member Habenichl had said. He noted he was ri-and he thought slafl' did an excellent job providing
information. He commenlcd that lhe layout was really nice 111d the lelllS were beautiful . He asked that
Ciry Mana~ Clark lei Jenell Black know that . Mr. VOl'llliltag s&IICld they did a good job.
13 . City Maut,tr'1 Reper1
City Manager Clark did not have any matters to bring bdft Council.
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!Clerk's note: Agenda Item 13 (a) was a ~ to ID ialO EIICICUlivc: Salion immodialely
following the regular City Counal ma:1in1 to dilCUa two ial ._ uansaaions. 111.is item was
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Ell&lewNd City C•acil
Marcil 3, 1997 ....
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addresled by Council Member Waggoner under Council Members' Choice. Sec pqe 7, Agenda ltan 12
(b)(ii).J
14 . City Aa-,'1 Report
City Aaamey Brownan did no1 hPe all)' maaas to bring before Council .
15 . Mljla...-t
COUNCR. MEMBER WIGGINS MOVED TO AD.JOURN . The meeliag adjourned at 7:59 p.m.
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PR OC L\'.Vl.-\TI 0:\1
\\"HE REAS. the Order of De:\l olay is a characte r buildi ng o rgan ization of yo un g me n
fr om t hirteen t o twenty-one year s of age. who a r e seeking to p r epare themselv es to become
citiz e n -a nd leade r s fo r to mor row by d e velopi n g t ho se t r aits of ch a r acter which h ave
strengthe ne d good men of a ll ages: a n d
\\"HERE..\S. the or ganiza tion has carried o ut t he afo rementioned goals for seven ty-eight
years t hro ugh program s of ath letic co mpetiti on . 5oc ia l ac tivity, co mmunity servi ce a nd
charitable proj ects; a nd
\\"HE RE . .\S . the m embe r s will o bserv e the year of 1997 as the 78th Annive r sar y of the
Ord e r as to exempli fy to a ll ci tiz en s here and everywher e their many ac tivities a n ci to
t end e r r eco gnition to their milli on s of Senior De:Vlolays :
:-.:ow THEREFO RE . I. Thomas J . Burns. Mayor of the City of Engle wood. Co lorad o.
hereby proclaim the week of March 16th through 22nd 1997 as:
INTERNATIONAL Dei\'IOL\Y WEEK
in th e City of En glewoo d. Co lor a d o . I urge a ll of our citizens to join in ,alutmg the young
men of t h e Or der of De :\l olay. and in expressing our grat eful appr ec iation fo r t h e fi n e
xamples set by them in co ntributing to the welfare of our co mmunity by a ddressing
th e mselves to the b uildin g of goo d character am ong our yo uth ; t h ereby aiding in the
d ,·elo p m ent of leadership fo r to morrow .
G I\ 'E); unde r my hand and -ea! tlus l ith day of :\larch . 199i
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WHERE AS. ,h, ~apah oe C,,:,: :.::,' :.T~a:, ~oc ,aHoo =d o<hec lo~ ~
or ga ni za ti on s , in co njuncti on with t he ~ational As soc iation fo r the Education of Young
Chil d r en , is ce le bra tin g t h e m onth of th e Yo ung C hild, April, 1997; a nd
\VHEREAS. by callin g a ttention t o th e n ee d for quality child care for all young children
a n d fa mili es within our community, thes e gro ups hope to improve the quality and
availabi l ity of s uch services ; a nd
WHEREAS, the qu a lity of se rvices is primarily determined by the indivi dual teacher s
and caregiver s wh o pe rform this valuable work; and
WHEREAS , the work of e arly childhood professionals is not fully understood and is
un der -a pprec i a t ed ; and
WHEREAS . qu a lity child care service s can provide the basis for a goo d beginning fo r
chi ld r en's so und growth a nd development: and
WHEREAS . all childre n d eserve quality child care;
~OW THEREFORE. I , Thomas J . Burns. ~,fayor of the City of En glewood , Co lorado.
h er e by procl a im April, 1997 as:
" THE MONTH OF THE YOUNG CHILD"
in t h e Ci t y of Englewood , C olorado . I urge all of our citizens to join with me in expressing
our a pprec i a tion to child care providers for t heir commitment to the care and education of
today's yo un g ch ildren . and to j oin wi th me in honoring thes e profes s i onals .
GIVE~ u nder my hand and seal t his 17th da y of }larch. 1997 .
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PROCLAMATION
WHEREAS , the safety of the buildings we occupy daily is essential to
the health , safety and welfare of the citizens of this nation; and
WHEREAS, among our most fundamental laws and ordinances are
those which provide standards for the safe construction of buildings in
which people live, work and play; and
WHEREAS, for construction and building codes to be effective and
enforced, understanding and cooperation must exist between building
officials and the people they serve; and
WHEREAS, through the efforts of state and local building officials
and their cooperative relationship with the construction industry, the
administration of these health and life-safety standards is assured;
NOW THEREFORE. I. Thomas J . Burns , Mayor of the City of
Englewood. Colorado , hereby proclaim the week of April 6th through
April 12th, 1997 as:
NATIONAL BUILDING SAFETY WEEK
I urge all citizens of Englewood , Colorado to use this week to visit
the ir building department and better familiarize themselves with the
importance of construction and building codes. and the many services
provided by these dedicated public servants .
GIVEN under my hand and seal this 17th day of March. 1997
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PROCL-\.iv!A TION
WHEREAS. Ch ristina Blomberg is a very special Englewood res ident who has
made a difference in the lives of manv other people: and
WHEREAS, o n \farch 26. 199 -. Christina will celebrate her 99•h birthday. a nd
the Citv of Englewood would like to help make it a happy one: and
WHERE.AS. the City Council of Englewood would like to thank Christina for her
generosity and for her commitment to the Englewood Depanment of Safetv Services ; and
WHEREAS. Christina, herself a victim of crime, has been a dedicated volunteer
for Englewood's Victims Assistance program and the Englewood Department of Safetv
Services over the past seve ral years: and
WHERE<\S, Christina has spent co untless hours making comforters for the
Englewood Police to give to victims of crime and other disasters in Englewood : and
WHERE-\S. Christina has also been generous with her time and talents by making
clothes and knitting socks for area homeless shelters and battered wo men ·s shelters; and
WHEREAS. Chri stina. through her kindness. compassion. and generosity, has
added a special touch of humanity to our community;
:'-JOW THEREFORE. we , the Citv Council of the of Englewood. Colorado. hereby
procbim be: t wi~hes fo r a very happy 99 'h binhdav to Christina Blom be rg and offe r our
thank,; fo r her generous oift of time and talent over the past several year .
1 -,h dav of March. 1997.
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.,\k?-111dra Habenicht. ~lavor Pro T em
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Thomas J. Bums, Mayor
& City Council of Englewood
3400 S. Elati St.
Englewood, CO 80110-2304
February 26, 1997
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It is with much regret that I write this letter to you resignin1 from
the Cultural Arts Commission.
The problems with my spine have increased to the point where I am
almost unable to function. Although I am under medical attention,
there is so little I can do, I feel it is unfair to try to remain on the
Commission, when someone who can work and serve can be
appointed.
Englewood bas a unique opportunity to develop and foster a very
rich cultural environment. I am grateful to have been able to be
involved in even a small way, and hope that in the future I will once
again be able to be of service to the Cultural Arts Commission and
the City of En1lewood.
Sincerely ,
Joan Miletto
CC: Janet Spangenberg
Rosemary LaPorta Kreiser
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COUNCIL Coaa.NCATION
Maret, 17, 1997
10 a i
of Fmancial Services
COUNCIL GOAL NfD PREVIOUS COUNCIL ACTION
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SUlljKt
N far al ordinance adopting I new
TIie 5, Cllapler' e. Adult
Eilllltllil .... LlcenNs, and
1W110W111 the license from the
monlllOltum.
81111rSource
Director
This bll far • ordinance 11c1op1s a new TIiie 5, Chapler e to the City Code. TIiis 11cen1e was Included in the
miscellaneous licenses moratorium In the Cly of Eiiglewood. This bill for ordinance will allow the City's staff to
issue licenses for adult entertainment establlshmenls.
This license Is Intended to protect the helllh, welfare, and safety of the public. City Council discussed this
license at a study session held February 3, 1997.
RECOMMENDED ACTION
Staff rec:ommetlds Cly Council approve this bill far .. onlnance.
BACKGROUND, ANAL V818, NfD ALTERNATIVES IDEN1FIED
This license has been, for the molt part, campletely ......,.._ The main focus of the license Is to ensure that the
health, welfare, and ...., of .. persons Impacted by adull enleftalnment atabllltJmenls Is protected. The
license establishes requiremenls for:
• Lk:ensing the atabllstlmenl and regilteftng all employees
• Special appllcallon ~
• Mlnimumage.....,....
• Non-trwllf9labl of the llcellNS
• Useof....-ned ......
• Display of actlvltiN and fflllleNII
• Cleanliness and sanitary requlnlmenlS
• Self-inspection of the prwniNs
• Sealing of the pnlffliNs If IIIISMltary or unsafe c:oildltiolis exllt
• Prohibiled Ids by employees
• Employee tipping
• Providing adequale lavatories
Special llc:ense requlnlments .,. included for adull motion plc:lure theater, adull dancing, adul modeling, and
peep booltt establishments.
No .. ematlves were Identified.
FINANCI~ _.ACT
The City of Eilglewood did not c:ollect any fees far these llcllw In 1998.
UBTOFAnACHIIENTS
Copy of • bil far .. ordinance
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ORDINANCE NO .
SERIES OF 1997
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BY AUTHORITY
ABDLPOR
COUNCIL BIU. NO. 21
INTBODUCID BY COUNCIL
IIIDilBER~~~~~~
AN ORDINANCE REPEALING TITLE 5, CHAPTER 6, OF THE ENGLEWOOD
MUNICIPAL CODE 1985, AND ENACTING A NEW TITLE 5, CHAPTER 6,
ENTITLED ADULT ENTERTAINMENT ESTABLISHMENTS WHICH UPDATES,
CLARIFIES AND BRINGS THE LICENSING REQUIREMENTS FOR ADULT
ENTERTAINMENT ESTABLISHMENTS INTO COMPLIANCE WITH RECENT
CASE LAW AND WHICH REMOVES AMUSEMENTS FROM ORDINANCE NO. 25,
SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Eqlewood City Council established a temporary suspension or
moratorium of miscellaneous busi.ne88 licenses for a period of six months with the
passage of Ordinance No. 25, series of 1996; and
WHEREAS, the moratorium or temporary suspension included Adult
Entertainment establishment licenses; and
WHEREAS. both the United States Constitution and the Colorado Constitution
provide protection of &ee speech activities which include aexually oriented, adult
entertainment type activities; and
WHEREAS, the purpoee of theae resulationa ia to provide !or the resulation and
licensinc of ae:a:ually oriented bnaint11t1 within the City in a manner which will protect
the property valuea, oeichborbood.e and reaidentl from the potential adwne l9COlldary
effects of se:a:ually oriented busineeN1 while pl'OVidiq to thme who dNire to patronize
ae:a:ually oriented buaineue1 the opportunity to do ao; and
WHEREAS, It ia not the intent of thil Chapter to 111ppnt11 any apeech activitin
protected by the Fint and Fourteenth Amendmentl al the United Stat.ea Conatitution
or Article II , Section 10 of the Colorado Collltitution, but to impoae content-neutral
regulationa which addreu the adverae aecondary effecta of aexually oriented
busineue1; and
WHEREAS. nothinc in thil Chapter ia intended to authoriae or licenae anYthinc
otherwiN prolubited by law ; and
WHEREAS. aexually oriented busioe-an frequently uaed !or unlawful aesual
activttiee, includinc proatitution; and
WHEREAS. the concern over ae:a:ually ~ttad diae-ia a leptimate health
concern of the City which demanda re._ble Nplation of aexually oriented
busmeue1 to protect the health and well-beint al the citiana, includinc the pacrona al
aexually oriented buaineae1; and
WHEREAS. liceD.IUlf ol ae:a:ually orientad bwir 1 1 ia a leptiaate and ree-•ble
mew of enaurinf that operaton ol ae:a:ually orientild lmafc 1111 coaplJ with
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reasonable regulations and that operators do not knowingly allow their businesses to
be used as places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented
businesses, because of their nature, have a deleterious effect on both the existing
businesses around them and surrounding residential areas, causing increased crime
and downgrading of property values; and
WHEREAS , the purpose of this Chapter is to control adverse effects from sexually
oriented businesaes and thereby protect the health, safety and welfare of the citmma;
protect the citiuna from increased crime; preserve the quality of life : preserve the
property values and character of the surrounding neighborhoods and deter the spread
of urban blight; and
WHEREAS , this license requires separate licenses for different activities because of
the unique health and safety issues inherent to the establishment; and
WHEREAS , this license requirea that strict control of all persona on the licensed
premises, including the manager, must be registered with the City to ensure that the
manager and all employees are not minors and can be used to identify those persona on
the licensed premiaes that may act as agent for the license holder; and
WHEREAS, this license is required to be poeed for any authorued City of
Englewood official to examine and a diacram of the licenaed premises is required so
authorued City of Englewood employees may inspect the licenaed premises and
determine if modifications have been made that restrict the ability of the license holder
to control the premises; and
WHEREAS, this Chapter requires special licenae requirements for adult motion
picture theaters and booths to emure that the booths are built to reduce fire danaer
and the premises have sufficient eatrancee, exits, ••tine and lichtinc; and
WHEREAS, this licenae requires special licenae requirements for adult danciq
establishments to emure lltqel are built to protect. the aafety of the establishment's
employees; and
WHEREAS, this licenae requires aeparate and apec:ial licenae requirements for peep
booths, where a motion picture booth may hold more than one penon. a peep booth is
restricted to one pereon only ; and
WHEREAS, this licenae includes epecial requirements to insure the licenae holder
maintain& control of the premiaee and can view all areas of the licenaed premise, to
reduce the pouibility of illep.l activitin takmc place on the licenaed premise,;
N OW , THEREFORE, BE IT ORDAINED BY THE crn COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Ses;tion 1. The City Council of the City of Ens)ewood, Colorado hereby repeall Title
5, Chapter 6 of the Ens)ewood Municipal Code 1986, and reeaacta a new Title 5,
Chapter 6 , which ,hall read as follow,:
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CHAPTERS
ADULT ENTERTAINMENT ESTABLISHMENTS
SECTION:
5-6-1: DEFINITIONS
5-6-2: LICENSE REQUIRED
5-6-3: APPLICATION FOR LICENSE
5-6-4: SPECIAL LICENSE APPLICATION REQUIREMENTS FOR ADULT
BUSINESS ESTABLISHMENTS
6-6-1: DEFINITIONS: FOR THE PURPOSES OF THIS CHAPTER THE
FOLLOWING DEFINITIONS APPLY:
ADULT ARCADE:
ADULT BOOKSTORE:
AN ESTABLISHMENT WHERE, FOR ANY
FORM OF CONSIDERATION, ONE OR
MORE MOTION PICTURE PROJECTORS,
SLIDE PROJECTORS OR SIMILAR
MACHINES, FOR VIEWING BY FIVE (5) OR
FEWER PERSONS EACH, ARE USED TO
SHOW FILMS, MOTION PICTURES, VIDEO
CASSETTES, SLIDES OR OTHER
PHOTOGRAPHIC REPRODUCTIONS
WHICH ARE CHARACTERIZED BY AN
EMPHASIS UPON THE DEPICTION OR
DESCRIPTION OF SPECIFIED SEXUAL
ACTIVITIES OR SPECIFIED ANATOMICAL
AREAS.
A PLACE WHERE BOOKS. MAOAZlNES,
MO'ftON PIC'IUUS, PRINTS,
PHOTOGRAPHS, PERIODICALS,
RECORDINGS, NOVEL'ffl!S AND DEVICES,
OR ANY or fllESE THINGS, WHICH HA VE
AS 'l1IIWl PRIMARY OR DOMINANT
'l1IEME MA'M'ERS DEPICTING,
ILLUSTRAffNG, DESCRIBING OR
RELATING TO SPECIFIED SEXUAL
ACTIVITIES ARE SOLD OR OFFERED FOR
SALE TO ADULTS AND INCLUDES A
PLACE WI'nl ONLY A PORTION OR
SECTION OF ITS AREA SET ASIDE FOR
THE DISPLAY OR SALE or SUCH
MATEllIAL TO ADULTS, EXCEPT THAT
ANY PLACE, O'nlERWISE INCLUDED
WITHIN THIS DEFINITION, THAT
DERIVES NOT MORE fllAN TEN
PERCENT (1°") or ITS GROSS INCOME
FROM THE SALE or SUCH MATERIAL
SHALL BE EXEMPT FROM THE
PROVISIONS or THIS CHAPTER so LONG
AS SUCH MATERIAL IS KEPI' IN A
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ORDINANCE NO. _
~OF1997
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A IIILI. JOit
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AN ORDINANCE AMENDING TITLE 5, BY ENACTING A NEW CHAPTER 23,
ENTITLED PURCHASER OF VALUABLE ARTICLES AND AMENDING TITLE 7,
CHAPTER &E, SECTION 4, BY THE ENACTMENT OF A NEW PARAGRAPH E,
OF THE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, with the puaage of this Ordinance the City's staff will be able to issue
purchaaer of valuable articles licenaes; and
WHEREAS; this new license requires an applicatioo be submitted to the Licensing
Officer aa required by Title 5, Chapter l; and
WHEREAS, this license baa special license requirements due to the nature of this
business; and
WHEREAS, a purchaser of valuable articles purcbaaea articles that could be lOllt or
stolen and the special requirements are needed to protect the public 88 well 88 the
license holder; and
WHEREAS, this liceme ia not tranaf'erable became it ia unique to the licenae
holder; and
WHEREAS, the requirement of a police background inveetiptioo ia required to
ensure only qualified applicanta without a criminal bacqround perform these
activities in the City of Englewood, this requirement alone makes the license unique
to the applicant and therefore not tranaferable; and
WHEREAS, this license baa special liceme requirementa that focus oo obtaining
proper identification of the seller, a detailed description of all the artidea aold, and
the customer's declaration of ownership; and
WHEREAS, these requirements leuen the chance of the liceme holder purchaaing
stolen or lost items; and
WHEREAS, this license requirell the license holder to maintain and lr.eep for three
years a detailed register and malr.e the register available to any local law
enforcement agency; and
WHEREAS, the licenae holder muat provide the local law enforcement apncy with
copies of recorda on a weelr.ly baaia; and
WHEREAS, this licenae requires tranaactioo f-be paid to cover the City'1 coat rA
adminiltering the proviaiona of thia licenae; and
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.,... Agellda ... 8-,.ct
March 17, 1197 •far• Oldli•a adopting • new
10 a ii TIie 5, Cllaplar' 23, ~ of
Vllllallle Arllcles.
lnlllalad By IF ... ...loun:e
-of Flnanclal SeMc:es DndDr
COUNCL GOAL AND PREVIOUS COUNCIL ACTION
This bll for• ordinance adopts TIiie 5, Chapter 23 to the City Code. This llclnN -not Included In lhe
mlscellaneous licenses moratortum In lhe City of Englewood. This bll for Oldll•a wll allow the City's staff to
Issue purchaser of vlllullble articles licenses.
City Council dlsalssed this license at a study seaion held March 3, 1117.
RECOMMENDED ACTION
Staff recommends City Council approve this bll for• onlnanca.
BACKGROUND, ANAL Yllm, AND ALTEIINATIVD IDEN11FIED
This is • new llc:ense, created to ensure that Plf'IOIIS purdlallng valuable lltlcles In the City of Englewood are
llcensad and comply with required acts, and olhar llcala AlllltdlOl• lncludlng bacllgrullnd checb and non-
transferability of lhe llcenae. This llcala Is lndudad In • ....,... Chapler far-of ....
No altematlves went ldenlltled.
FINANCIAL _.ACT
The City of Englewood cld not coled any feel forllil llcenae In 1118.
UST OF ATTACHMENTS
Copy of a bill for an Ofdlnance
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WHEREAS, this license protects minors or persons under the influence of drugs or
alcohol by not allowing the license holder to purchase valuable articles from them;
and
WHEREAS, thia license does not allow the license holder to take any valuable
article on co1111ignment to ensure that provisions of this license are not
circumvented; and
WHEREAS, thia liceme does not allow the license holder to purchase any valuable
article where the identification number bu been tampered with to reduce the
incidence of a liceue holder purchuing stolen articles; and
WHEREAS, thia license allows any police officer to confiscate any stolen or
illegally obtained property to ensure the property ii not resold or taken out of the City
of Englewood; and
WHEREAS, the City shall inspect the premises for compliance with all Building,
Housing and Zoning Codes to ensure the safety of large gatherings of the public;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
$ection 1. The City Council of the City of Englewood, Colorado hereby amends Title
5, by enacting a new Chapter 23, entitled Purchaaer of Valuable Articles of the
Englewood Municipal Code 1985, which shall read u follows:
CIIAPIBllS
PUIICIIA8Bll OP VALUABLE All'l1CLB8
SECDON:
5-23-1 : DEFINITIONS
5-23-2 : UCENSE REQUIRED
5-23-3 : APPLICATION FOR UCENSE
5-23-4: SPECIAL UCENSE REQUIREMENTS
5-13-1: DEP1Nffl0N8: FOR THE PURPOSE OF THIS CHAPI'ER, THE
FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS
SHALL HAVE THE MEANINGS GIVEN HEREIN.
PRECIOUS OR SEMIPRECIOUS
METALS OR STONES:
TlllS DEFINlTION INCLUDES, Btrr NOT
UMITED TO GOLD, SILVER, PLATINUM,
PEWTER, ALEXANDRITE, DIAMONDS,
EMERALDS, GARNETS, OPALS, RUBIES,
SAPPHIRES, AND TOPAZ. ALSO,
INCLUDED UNDER THIS DEFINlTION IS
IVORY, CORAL, PEARLS, JADE AND
OTHER SUCH MINERALS, STONES, OR
GEMS AS ARE CUSTOMARILY REGARDED
AS PRECIOUS OR SEMIPRECIOUS .
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PRIVATE COLLECTOR:
PURCHASE :
PURCHASER:
SELLER:
VALUABLE ARTICLE :
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ANY PERSON WHO PURCHASES AN ITEM
FOR A PRICE GREATER THAN THE
MARKET PRICE OF THE ITEM'S
METALLIC OR STONE COMPOSITION,
WHO HAS AN INTEREST IN PRESERVING
THE ITEM IN ITS UNIQUE OR IDSTORICAL
FORM, AND WHOSE PRIMARY PURPOSE
IN PURCHASING IS NOT THE IMMEDIATE
RESALE OF THE ITEM.
GIVING MONEY TO ACQUIRE ANY
VALUABLE ARTICLE .
ANY PERSON HOLDING HIMSELF OUT TO
THE PUBLIC AS BEING ENGAGED IN THE
BUSINESS OF PURCHASING VALUABLE
ARTICLES, OR ANY PERSON WHO
PURCHASES FIVE (5) OR MORE VALUABLE
ARTICLES IN ANY THIRTY (30) DAY
PERIOD . A PURCHASER DOES NOT
INCLUDE A PERSON PURCHASING
VALUABLE ARTICLES FROM A RETAIL OR
WHOLESALE MERCHANT WHO DEALS IN
GOODS OF THAT KIND .
ANY PERSON OFFERING A VALUABLE
ARTICLE FOR MONEY TO ANY
PURCHASER .
ANY TANGIBLE PERSONAL PROPERTY
CONSISTING, IN WHOLE OR IN PART, OF
PRECIOUS OR SEMI-PRECIOUS METALS
OR STONES INCLUDING COLLECTOR
COINS .
5-13-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OFFER OR PURCHASE VALUABLE OBJECTS IN THE CITY OF
ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR THE
FOLLOWING CLASSES OF PERSONS :
A. PRIVATE COLLECTORS PURCHASING VALUABLE ITEMS FROM OTHER
PRIVATE COLLECTORS .
B. BUSINESSES ENGAGED IN SELLING COLLECTORS ITEMS.
5-13-3: APPLICA"nON FOR LICENSE: PURCHASER OF VALUABLE ARTICLES
LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS
TITLE .
15-13-4: IIPBCW. LICEN8B BBQUlllEMENTS:
A. LICENSES ISSUED UNDER TIDS CHAPI'ER SHALL NOT BE
TRANSFERRED TO ANOTHER PERSON OR LOCATION .
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8 . APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND
INVESTIGATION AS PART OF THE APPLICATION .
C . A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL
KEEP A NUMERICAL REGISTER WlllCH WILL INCLUDE THE
FOLLOWING INFORMATION:
1 . THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CUSTOMER;
2 . THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER
IDENTIFICATION NUMBER FROM ANY OTHER FORM OF
IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE
ARTICLES PURSUANT TO SECTION 18-16-103 C.R.S.,
3 . THE DATE, TIME AND PLACE OF THE PURCHASE, AND AN
ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF
EACH VALUABLE ARTICLE, INCLUDING, BUT NOT LIMITED TO,
ANY IDENTIFICATION NUMBER, SERIAL NUMBER, MATERIAL
TYPE, MINT DATE, DENOMINATION, OR OTHER IDENTIFYING
MARKS ON SUCH PROPERTY.
4. THE LICENSE HOLDER SHALL ALSO OBTAIN A WRITTEN
DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH
SHALL STATE THAT EACH VALUABLE ARTICLE IS TOTALLY
OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO
SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL
OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS
OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER
OR SOMEONE ELSE FOUND THE PROPERTY, AND IF THE
PROPERTY WAS FOUND, THE DETAILS OF THE FINDING.
D . IF THE PURCHASE INVOLVES MORE THAN ONE ITEM, EACH ITEM
SHALL BE RECORDED ON THE LICENSE HOLDER'S REGISTER AND ON
THE CUSTOMER'S DECLARATION OF OWNERSHIP.
E . THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER
AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY
OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE
TRANSACTION.
F . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE
DECLARATION OF OWNERSHIP.
G . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW
ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE
TIME.
H. THE PURCHASER OF VALUABLE ARTICLES SHALL KEEP EACH
REGISTER FOR AT LEAST THREE (3l YEARS AFTER THE DATE OF THE
LAST TRANSACTION ENTERED IN THE REGISTER.
I . A PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL
HOLD ALL PROPERTY PURCHASED BY HIM OR HER FOR THIRTY (30)
DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME
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SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY
OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE
CHANGED IN FORM OR ALTERED IN ANY WAY.
J . EVERY PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER
SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A
WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS , ON A FORM
TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT
AGENCY, OF ALL VALUABLE ARTICLES PURCHASED DURING THE
PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S
DECLARATION OF OWNERSHIP. THE FORM SHALL CONTAIN THE
SAME INFORMATION REQUIRED TO BE RECORDED IN THE LICENSE ...
HOLDER'S REGISTER PURSUANT TO SUBSECTION A OF THIS
SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL
DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND
DECLARATIONS SHALL BE SUBMITTED .
K EVERY PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER
SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM.
THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY
RESOLUTION .
L . EVERY PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER
SHALL, AT HIS/HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS
IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED
FROM TIME TO TIME BY THE DEPARTMENT OF SAFETY SERVICES OR
THE LICENSING OFFICER.
M . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER,
EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES
LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM
ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR FROM
ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR
DRUGS .
N . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER,
EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE ARTICLES
LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE FROM
ANY PERSON KNOWN TO BE A TlilEF OR TO HA VE BEEN CONVICTED
OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE
DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE
DEEMED AS AUTHORIZATION BY THE CITY FOR THE PURCHASER OF
VALUABLE ARTICLES TO MAKE A PURCHASE FROM SUCH PERSON.
0 . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER SHALL
TAKE ANY VALUABLE ARTICLE FROM A CUSTOMER ON
CONSIGNMENT. .,
P . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER, I • EMPLOYEE OR AGENT OF A PURCHASER OF VALUABLE ARTICLES
LICENSE HOLDER SHALL PURCHASE ANY VALUABLE ARTICLE
WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL
NUMBER, BRAND NAME , OWNER'S IDENTIFICATION NUMBER OR
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OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN
TOTALLY OR PARTIALLY OBSCURED.
Q . ANY POLICE OFFICER MAY ORDER A PURCHASER OF VALUABLE
ARTICLES LICENSE HOLDER TO HOLD ANY VALUABLE ARTICLE FOR
PURPOSES OF FURTHER INVESTIGATION. A HOLD ORDER SHALL BE
EFFECTIVE UPON VERBAL NOTIFICATION TO THE PURCHASER OF
VALUABLE ARTICLES LICENSE HOLDER BY ANY POLICE
DEPARTMENT. NO SALE OR OTHER IMPOSITION MAY BE MADE OF
SUCH PROPERTY HELD BY ANY PURCHASER OF VALUABLE ARTICLES
WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER
SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS SECTION, AND
ANY SALE OR OTHER DISPOSITION OF THE PROPERTY AFTER THE
PURCHASER OF VALUABLE ARTICLES HAS BEEN NOTIFIED BY THE
DEPARTMENT OF SAFETY SERVICES OF A HOLD ORDER SHALL BE
UNLAWFUL AND A VIOLATION OF THIS SECTION.
R . IF ANY POLICE OFFICER DETERMINES THAT ANY VALUABLE
ARTICLE HELD BY A LICENSE HOLDER IS STOLEN OR ILLEGALLY
OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY
CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE PURCHASER
OF VALUABLE ARTICLES LICENSE HOLDER WITH A RECEIPT AND
CASE REPORT NUMBER.
S . A LICENSE HOLDER WHO PURCHASES ANY VALUABLE ARTICLE
FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO
TITLE TO THE ARTICLE . IGNORANCE OF THE FACT THAT THE
ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO HAVE
ANY EFFECT ON OF THE TITLE. IF THE PURCHASER OF VALUABLE
ARTICLES LICENSE HOLDER SHALL SELL SUCH ARTICLE TO A THIRD
PERSON, THE LICENSE HOLDER SHALL RECOVER THE ARTICLE OR
REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE. THE
LAWFUL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF
THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE
LICENSE HOLDER OR RECOVER THE SAME BY THE APPROPRIATE
LEGAL MEAN .
$ect.ion 2. The ED(lewood City Council hereby amenda Title 7, Chapter 6E, Section
4 , by enacting a new Paragraph E, which shall read as follows :
7~E-4: E . NO PURCHASER OF VALUABLE ARTICLES LICENSE HOLDER,
EMPLOYEE, OR AGENT OF THE PURCHASER OF VALUABLE
ARTICLES LICENSE HOLDER SHALL PURCHASE ANY
VALUABLE ARTICLE FROM ANY PERSON UNDER THE AGE OF
EIGHTEEN (18) YEARS .
$ect.ion 3. Safetx Clau1ee The City Council, hereby finds, determinea, and
declares that this Ordinance ia promulgated under the general police power of the
City of Englewood, that it ia promulgated for the health, safety, and welfare of the
public, and that thia Ordinance ia neceuary for the preaervation of health and
safety and for the protection of public convenience and welfare. The City Council
further determinea that the Ordinance bean a rational relation 111 the proper
legialative object aought to be obtained.
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Sec;tigp 4 Severabi)jty If any clawie, sentence, paragraph, or put of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be acijudged by a court of competent jurisdiction invalid, such judgment
ahall not affect impair or invalidate the remainder of tbia Ordinance or its
application to other persons or circumstances.
Sed;ipp 5 lpc;ppaiategt Ordipapc;ea All other Ordinances or portions thereof
inconsistent or conflicting with tbia Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Sec;tigp 6 Eff,:;t g( ..,., 91' mpdific;•tigp The repeal or modification of any
provision of the Code of the City of Englewood by tbia Ordinance ahall not release,
extinguiah, alter, modify, or change in whole er in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such
provision, and each provision shall be treated and held u still remaining in force
for the purpose11 of au.staining any and all proper actiODI, suits, proceedings, and
proeecutions for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpose of sustaining any juqment, decree, or order which can er may be
rendered, entered, or made in such actions, 1uitl, proceedings, or pl'OllleCUtiODI.
Sec;tigp 7. &De.ltx-The Penalty Proviaion of E.M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and paued OD first reading OD the 17th clay of March, 1997.
Published u a Bill for an Ordinance OD the 20th clay of March, 1997.
Tbomu J. 8mm, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of Enp.wood, Colorado, bseby certify
that the above and foregoinc ia a true copy of a Bill for an Ordiunce, introduced,
read in full , and paued on first reading on the 17th clay of March, 1997.
Loucriahia A . Ellia
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ADULT CABARET
ADULT DANCING
ESTABLISHMENT
ADULT ENTERTAINMENT
ADULT MODELING
ADULT MOTION
PICTURE THEATER
ADULT MOTION
PICTURE BOOTH
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LOCATION WHERE IT IS NOT VISIBLE
AND SHALL NOT BE A SELF -SERVICE
ITEM FOR THE CUSTOMERS OF SUCH
PLACE .
A NIGHTCLUB , BAR. RESTAURANT OR
SIMILAR ESTABLISHMENT WHICH
REGULARLY FEATURES LIVE
PERFORMANCES WHICH ARE
CHARACTERIZED BY THE EXPOSURE OF
SPECIFIED ANATOMICAL AREAS OR BY
SPECIFIED SEXUAL ACTIVITIES OR
FILMS, MOTION PICTURES, VIDEO
CASSETTES, SLIDES OR OTHER
PHOTOGRAPHIC REPRODUCTIONS
WHICH ARE CHARACTERIZED BY AN
EMPHASIS UPON THE DEPICTION OR
DESCRIPTION OF SPECIFIED SEXUAL
ACTIVITIES OR SPECIFIED ANATOMICAL
AREAS .
A BUSINESS THAT FEATURES DANCERS
DISPLAYING OR EXPOSING SPECIFIED
ANATOMICAL AREAS.
INCLUDES ADULT ARCADE, ADULT
ESTABLISHMENT BOOKSTORE, ADULT
CABARET, ADULT DANCING
ESTABLISHMENT, ADULT MODELING,
ADULT MOTION PICTURE BOOTH, OR
ADULT MOTION PICTURE THEATER.
AN ADULT BUSINESS ACTIVITY THAT
FEATURES MODELS DISPLAYING OR
EXPOSING SPECIFIED ANATOMICAL
AREAS .
AN ENCLOSED AREA wrnlIN AN
ADULT ENTBRTAINMENT
ISTABLISHMENT DESIGNED OR USED
FOR '1111: VIBWING BY ONE OR TWO (2)
PERSONS OF MOTION PICTURES OR
VIDEO TAPED WHICH HA VE AS 'fflEIR
PlllMARY OR DOMINANT THEME
MATl'IRS DEPICTING , ILLUSTRATING OR
RELAffNG TO SPECIFIED SEXUAL
ACTIVl'nES.
AN ENCLOSED BUILDING, OR A
PORTION OR PART OF AN ENCLOSED
BUILDING, OR AN OPEN-AIR 'nlBATBR
DESIGNED TO PDMIT VIBWINO BY
PATRONS SBATBD IN AUTOMOBILBS,
USED FOR PRBSENTINO ON A REGULAR
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PEEP BOOTH
SPECIFIED ANATOMICAL
AREAS
SPECIFIED SEXUAL
ACTIVITIES
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BASIS FILM MATERIAL WHICH HAS AS
ITS PRIMARY OR DOMINANT THEME
MA'I"l'ERS DEPICTING, ILLUSTRATING OR
RELATING TO SPECIFIED SEXUAL
ACTIVITIES FOR OBSERVATION BY
ADULT PATRONS THEREOF.AND
INCLUDES ANY HOTEL OR MOTEL,
BOARDING HOUSE, ROOMING HOUSE OR
OTHER LODGING FOR TRANSIENT
CUSTOMERS WHICH ADVERTISES THE
PRESENTATION OF SUCH FILM
MATERIAL.
AN ENCLOSED AREA WITHIN AN ADULT
ENTERTAINMENT ESTABLISHMENT
DESIGNED OR USED FOR THE VIEWING
BY ONE PERSON OF MOTION PICTURES ,
VIDEO TAPES, OR LIVE PERFORMANCES
WHICH HAVE AS THEIR PRIMARY OR
DOMINANT THEME MA'I"l'ERS
DEPICTING , ILLUSTRATING OR
RELATING TO SPECIFIED SEXUAL
ACTIVITIES OR SPECIFIED ANATOMICAL
AREAS.
MEANS AND INCLUDES ANY OF THE
FOLLOWING:
A. LESS THAN COMPLETELY AND
OPAQUELY COVERED HUMAN
GENITALS, PUBIC REGION,
BUTTOCKS, ANUS OR FEMALE
BREASTS BELOW A POINT
IMMEDIATELY ABOVE THE TOP OF
THE AREOLAE; OR
B. HUMAN MALE GENITALS IN A
DISCERNIBLE TURGID STATE.
EVEN IF COMPLETELY AND
OPAQUELY COVERED .
A. HUMAN GENITALS IN A STATE OF
SEXUAL fflMULATION OR
AROUSAL;
8. ACTS OF HUMAN ANALINGUS,
BESTIALITY. CUNNIIJNGUS,
COPROPHIUA. FELLATION,
FLAGELLATION, FROTTAGE,
MASOCHISM, MASTURBATION,
SADISM. SADOMASOCHISM,
SEXUAL INTERCOURSE, SODOMY
OR UROLAGNIA; AND
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C. FONDLING OR OTHER EROTIC
TOUCHING OF HUMAN GENITALS ,
PUBIC REGION , BUTTOCKS OR
FEMALE BREAST .
5-6-2: LICENSE REQUIRED : IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OPERATE ANY ADULT ESTABLISHMENT IN THE CITY OF
ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE .
5-6-3: APPLICATION FOR LICENSE:
A. THE APPLICATION FOR AN ADULT ENTERTAINMENT
ESTABLISHMENT LICENSE SHALL BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 5, CHAPTER 1.
B. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO
PROVIDE THE FOLLOWING:
1. MANAGER(S) LICENSE:
1. ALL MANAGERS OF ADULT ENTERTAINMENT
ESTABLISHMENTS MUST BE LICENSED . LICENSES
WILL BE ISSUED BY THE LICENSING OFFICER .
ii. WHERE ANY LICENSE HOLDER HAS A CHANGE IN
MANAGER OR MANAGERS OF HIS/HER
ESTABLISHMENT, AND A NEW MANAGER HAS NOT
PREVIOUSLY BEEN APPROVED AS A MANAGER BY
THE LICENSING OFFICER, HE/SHE SHALL BE
PRESENTED BY THE HOLDER OF A LICENSE OR SHALL
PRESENT HIMSELF/HERSELF TO THE OFFICE OF
THE LICENSING OFFICER FOR A MANAGERS
LICENSE .
2. EMPLOYEE REGISTRATION:
i. IT SHALL BE UNLAWFUL FOR ANY PERSON TO BE
EMPLOYED BY ANY ADULT ESTABLISHMENT IN THE
CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A
REGISTRATION .
5-6-4: SPECIAL LICENSE APPLICATION:
A. FOR ALL ADULT ENTERTAINMENT ESTABLISHMENTS IN
ADDITION TO THE LICENSE APPLICATION REQUIREMENTS, IN
CHAPTER 1 OF THIS TITLE, THE APPLICANT MUST COMPLY
WITH THE FOLLOWING SPECIAL APPLICATION
REQUIREMENTS :
1. DIAGRAM REQUIREMENT :
i. THE APPLICATION MUST BE ACCOMPANIED BY A
DIAGRAM SHOWING THE CONFIGURATION OF THE
PREMISES , INCLUDING A STATEMENT OF TOTAL
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FLOOR SPACE OCCUPIED BY THE BUSINESS AND
DESIGNATING THE USE OF EACH ROOM OR OTHER
AREA OF THE PREMISES .
ii. THE DIAGRAM SHALL DESIGNATE ALL AREAS OF
THE PREMISES WHERE PATRONS ARE NOT
PERMI'M'ED .
iii. THE DIAGRAM NEED NOT BE PROFESSIONALLY
PREPARED , BUT MUST BE DRAWN TO A DESIGNATED
SCALE , OR DRAWN WITH MARKED DIMENSIONS OF
THE INTERIOR OF THE PREMISES TO AN ACCURACY
OF PLUS OR MINUS SIX INCHES (6").
iv. THE DIAGRAM SHALL DESIGNATE THE PLACE AT
WHICH THE LICENSE WILL BE CONSPICUOUSLY
POSTED .
v . NO ALTERATION IN THE CONFIGURATION OF THE
PREMISES OR ANY CHANGE IN USE OF ANY ROOM
OR AREA AS SHOWN ON THE DIAGRAM MAY BE
MADE WITHOUT THE PRIOR WRI'M'EN APPROVAL OF
THE LICENSING OFFICER .
vi. THE LICENSING OFFICER MAY WAIVE THE
FOREGOING DIAGRAM FOR RENEW AL
APPLICATIONS IF THE APPLICANT ADOPTS A
DIAGRAM THAT WAS PREVIOUSLY SUBMITTED AND
CERTIFIES THAT THE CONFIGURATION OF THE
PREMISES HAS NOT BEEN ALTERED SINCE IT WAS
PREPARED AND THAT THE USE OF ANY AREA OR
ROOM IN THE PREMISES HAS NOT CHANGED.
vii. THE APPLICANT MUST BE QUALIFIED ACCORDING
TO THE PROVISIONS OF THIS CHAPTER AND THE
PREMISES MUST BE INSPECTED BY THE CITY AND
FOUND TO BE IN COMPLIANCE WITH THE LAW .
2. NO LICENSE GRANTED BY THIS CHAPTER SHALL BE
TRANSFERRED . THE LICENSE HOLDER SHALL HAVE A
COPY OF THE DIAGRAM ON THE LICENSED PREMISES FOR
INSPECTION AT ANY TIME .
3. SELF -INSPECTION OF LICENSED PREMISES . THE
LICENSEE. OR HIS DESIGNATED REPRESENTATIVE ,
SHALL MAKE SANITARY INSPECTIONS OF THE LICENSED
PREMISES AT LEAST ONCE PER MONTH, AND SHALL
RECORD THE FINDINGS ON A FORM SUPPLIED BY THE
LICENSING OFFICER . EACH LICENSED PREMISES SHALL
POST AND MAINTAIN IN A READILY ACCESSIBLE PLACE , A
SCHEDULE FOR MAINTAINING THE SANITATION OF THE
PREMISES .
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4. SEALING FOR UNSANITARY OR UNSAFE CONDITIONS . A
LICENSED PREMISES, OR ANY PART THEREOF , MAY BE
SEALED BY ORDER OF THE LICENSING OFFICER UPON
HIS FINDING OF A VIOLATION OF THIS CHAPTER
RESULTING IN AN UNSANITARY OR UNSAFE CONDITION .
PRIOR TO SEALING , THE LICENSING OFFICER SHALL
SERVE ON THE LICENSEE, BY PERSONAL SERVICE N HIM
OR BY POSTING IN A CONSPICUOUS PLACE ON THE
LICENSED PREMISES, A NOTICE OF THE VIOLATION AND
AN ORDER TO CORRECT IT WITHIN 'IWENTY-FOUR (24)
HOURS AFTER SERVICE. IF THE VIOLATION IS NOT
CORRECTED , THE LICENSING OFFICER MAY PHYSICALLY
SEAL THE PORTION OF THE LICENSED PREMISES IN
VIOLATION TO DISCONTINUE USE SHALL BE IN EFFECT
UNTIL THE VIOLATION HAS BEEN CORRECTED AND THE
SEAL REMOVED BY THE LICENSING OFFICER. THE
LICENSING OFFICER SHALL AFFIX TO PREMISES A
CONSPICUOUS SIGN LABELED "UNCLEAN' OR "UNSAFE".
AS THE CASE , MAYBE.
5. ALL ACTIVITIES , MATERIALS, DEVICES. AND NOVELTIES
SHALL BE PERFORMED OR DISPLA YEO IN SUCH MANNER
THAT THEY CANNOT BE SEEN BY ANYONE OTHER THAN
THE CUSTOMERS WHO HAVE ENTERED THE LICENSED
ADULT ENTERTAINMENT ESTABLISHMENT .
6. NO PERSON, MERCHANT, EMPLOYEE OR AGENT SHALL. IN
THE COURSE OF SEWNG, RENTING, OR OFFERING FOR
SALE OR RENTAL. A TANGIBLE OR INTANGIBLE PRODUCT,
SERVICE OR GOODS, EXPOSE "A SPECIFIED ANATOMICAL
AREA" OR CARRY ON A "SPECIFIED SEXUAL ACTIVITY."
7. IT SHALL BE UNLAWFUL FOR ANY EMPLOYEE OF AN
ADULT ENTERTAINMENT ESTABlJSHMENT TO RECEIVE
TIPS FROM PATRONS EXCEPT AS FOLLOWS :
i. A LICENSEE THAT DESIRES TO PROVIDE FOR TIPS
FROM ITS PATRONS SHALL PROVIDE ONE OR MORE
BOXES OR OTHER CONTAINERS TO RECEIVE TIPS .
ALI. TIPS FOR SUCH EMPLOYEES SHALL BE PLACED
BY THE PATRON OF THE ADULT ENTERTAINMENT
ESTABLISHMENT INTO THE TIP BOX.
ii. AN ADULT ENTERTAINMENT ESTABLISHMENT THAT
PROVIDES TIP BOXES FOR ITS PATRONS AS
PROVIDED IN THIS SECTION SHALL POST ONE OR
MORE SIGNS TO BE CONSPICUOUSLY VISIBLE TO
THE PATRONS ON THE PREMISES IN LETl'ERS AT
LEAST ONE INCH Oi HIGH TO READ AS FOU.OWS :
"ALI. TIPS ARE TO BE PLACED IN TIP BOX AND NOT
HANDED DIRECTLY TO THE ENTERTAINER. ANY
PHYSICAL CONTACI' BETWEEN THE PATRON AND
ENTERTAINER IS STRICTLY PROHIBITED ."
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B. SPECIAL LICENSE REQ UIREMENTS · AD ULT MOTION PICTURE
THEATERS AND BOOTHS : IN ADDITION TO THE LICENSE
APPLICATION REQUIREMENTS IN CHAPTER 1 OF THIS TITLE
AND THE SPECIAL APPLICATION PROCEDURES IN PARAGRAPH
A, THE APPLICANT MUST COMPLY WITH THE FOLLOWING
SPECIAL APPLICATION REQUIREMENTS :
1. EACH ADULT MOTION PICTURE BOOTH SHALL HA VE A
RECTANGULAR-SHAPED ENTRANCE WAY NOT LESS THAN
TWO FEET (2') WIDE NOR LESS THAN SIX FEET (6') HIGH ,
AND THERE SHALL BE A DOOR , CURTAIN OR OTHER
CLOSURE CLOSING OFF THE ENTRANCEWAY WHILE THE
BOOTH IS IN USE , WHICH CLOSURE SHALL OPEN ..
OUTWARD FROM THE INSIDE OF THE BOOTH OR BE
CAPABLE OF BEING PUSHED ASIDE .
2. EACH ADULT MOTION PICTURE BOOTH SHALL HA VE
SUFFICIENT SEATS TO ACCOMMODATE THE MAXIMUM
NUMBER OF PERSONS EXPECTED TO USE THE BOOTH.
THE MAXIMUM NUMBER OF PERSONS WHO MAY OCCUPY
A BOOTH SHALL BE STATED ON OR NEAR THE
ENTRANCEWAY, AND ONLY THAT NUMBER SHALL BE
PERMITTED TO BE IN A BOOTH AT ONE TIME .
3 . IF THERE IS MORE THAN ONE BOOTH IN AN ADULT
MOTION PICTURE THEATER, IT SHALL OPEN ONTO A
COMMON CORRIDOR, PASSAGEWAY OR AREA THAT HAS
AN EXIT WAY OR EXIT DOORWAY. AS DEFINED IN THE
UNIFORM BUILDING CODE . SEPARATE FROM THE OTHER
REQUIRED EXITS OF THE LICENSED PREMISES . THIS
EXIT WAY OR EXIT DOORWAY NEED NOT BE IN USE
DURING THE NORMAL COURSE OF BUSINESS, BUT AN
EXIT DOORWAY OPENING DIRECTLY TO THE EXTERIOR,
WHETHER IT IS THE ONLY EXIT DOORWAY OR THE LAST
EXIT DOORWAY IN AN EXIT WAY , SHALL BE EQUIPPED
WITH APPROVED PANIC HARDWARE AS PROVIDED IN THE
UNIFORM BUILDING CODE.
4. ADULT MOTION PICTURE BOOTHS SHALL BE LIGHTED.
WHENEVER FILM MATERIAL IS NOT BEING SHOWN. SUCH
THAT THE LIGHT INTENSITY AT EVERY POINT THIRTY
INCHES (30") ABOVE THE FLOOR IS NOT LESS THAN
ONE-HALF (1/z) FOOT-CANDLE, BUT MAY BE IN COMPLETE
DARKNESS WHEN FILM MATERIAL IS BEING SHOWN .
COMMON CORRIDORS , PASSAGEWAYS OR AREAS SHALL
BE CONSTANTLY LIGHTED WHEN IN USE SUCH THAT THE
LIGHT INTENSITY AT EVERY POINT THIRTY INCHES (30")
FROM THE FLOOR IS NOT LESS THAN FIVE-HUNDREDTHS
(.05) OF A FOOT-CANDLE . I • 5 . PARTITIONS BETWEEN ADULT MOTION PICTURE BOOTHS
SHALL BE CONSIDERED NONBEARING PARTITIONS , BUT
THEY SHALL BE SO CONSTRUCTED AS TO HA VE A
FIRE -RESISTANCE RATING OF NOT LESS THAN ONE
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HOUR, UNLESS THE AREA WHEREIN THE BOOTHS ARE
LOCATED IS SPRINKLED , THEN SAID REQUIREMENTS ARE
WAIVED .
6 . AN ADULT MOTION PICTURE THEATER HAVING ONLY A
HALL OR AUDITORIUM FOR THE SHOWING OF FILM
MATERIAL SHALL BE CONSIDERED A "PLACE OF
ASSEMBLY" WITHIN THE MEANING OF THE UNIFORM
BUILDING CODE AND SHALL CONFORM TO THOSE
REQUIREMENTS .
7. AN ADULT MOTION PICTURE THEATER HAVING BOTH
ADULT MOTION PICTURE BOOTHS AND A HALL OR ..
AUDITORIUM SHALL CONFORM TO THE SPECIAL
REQUIREMENTS FOR BOTH FACILITIES ; PROVIDED , THAT
WHERE THE SPECIAL REQUIREMENTS ALLOW FOR
COMMON ELEMENTS TO BE UTILIZED OR CONSTRUCTED ,
THIS MAY BE DONE WITH THE APPROVAL OF THE
BUILDING INSPECTOR .
8 . THERE SHALL BE PROVIDED WITHIN OR ADJACENT TO
THE COMMON CORRIDOR. PASSAGEWAY OR AREA IN
ADULT MOTION PICTURE THEATERS HAVING ADULT
MOTION PICTURE BOOTHS , ADEQUATE LAVATORIES
EQUIPPED WITH RUNNING WATER. HAND CLEANSING
SOAP OR DETERGENT, AND SANITARY TOWELS OR HAND -
DRYING DEVICES ; COMMON TOWELS ARE PROHIBITED.
C. SPECIAL LICENSE REQUIREMENTS· ADULT DANCING
ESTABLISHMENTS: IN ADDfflON TO THE LICENSE
APPLICATION REQUIREMENTS IN CHAPTER 1 OF THIS TITLE
AND THE SPECIAL APPLICATION PROCEDURES IN PARAGRAPH
A, THE APPLICANT MUST COMPLY WITH THE FOLLOWING
SPECIAL APPLICATION REQUIREMENTS :
1. ANY PERSON EMPLOYED OR WORKING IN THE LICENSED
PREMISES AS A DANCER SHALL. WHILE DANCING ,
PERFORM UPON A STAGE OR SIMILAR STRUCTURE
SPECIALLY DESIGNED FOR SUCH DANCING . STAGES
SHALL CONFORM TO THE REQUIREMENTS OF THE
UNIFORM BUILDING CODE, INCLUDING THE
REQUIREMENTS FOR APPURTENANT ROOMS , IF SUCH
APPURTENANT ROOMS ARE USED BY THE
ESTABLISHMENT; PROVIDED , THAT THE DANCERS SHALL
BE PROVIDED WITH A DRESSING ROOM OR ROOMS THAT
ARE NOT PART OF OR USED BY THE PUBLIC AS
RESTROOMS .
2 . WHERE A DANCER PERFORMS UPON A PLATFORM OR I • • OTHER SMALL STRUCTURE DESIGNED TO HOLD A SMALi..
NUMBER OF PERSONS , WHICH IS NOT A STAGE NOR
EQUIPPED TO BE A STAGE FOR THEATRICAL
PRESENTATIONS . THE PLATFORM SHALL BE LEVEL AND
OF STURDY CONSTRUCTION AND SHALL BE SECURELY 0
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FASTENED TO THE FLOOR OR WALL DURING
PERFORMANCES . STEPS AND HANDRAILS SHALL BE
PROVIDED SO THAT THE DANCER MAY MOUNT TO THE
TOP OF THE PLATFORM SAFELY UNDER THE NORMAL
OPERATING CONDITIONS OF THE ESTABLISHMENT IN ALL
CASES WHEREIN THE TOP OF THE PLATFORM IS MORE
THAN EIGHT INCHES (8") FROM THE SURFACE UPON
WHICH THE PLATFORM RESTS .
D. SPECIAL LICENSE REQUIREMENTS · ADULT MODELING
ESTABLISHMENTS : IN ADDITION TO THE LICENSE
APPLICATION REQUIREMENTS IN CHAPTER 1 OF THIS TITLE ,
THE LICENSEE SHALL ALSO COMPLY WITH THE SPECIAL ..
APPLICATION PROCEDURES IN PARAGRAPH A AND C.
E . SPECIAL LICENSE REQUIREMENTS • PEEP BOOTHS : IN
ADDITION TO THE GENERAL REQUIREMENTS CONTAINED IN
SECTIONS 5-6-6, AN ADULT ENTERTAINMENT ESTABLISHMENT
OFFERING PEEP BOOTHS UPON THE LICENSED PREMISES
SHALL COMPLY WITH AIL OF THE FOLLOWING SPECIAL
REQUIREMENTS :
1. THE DIAGRAM ACCOMPANYING AN APPUCATION FOR A
LICENSE SHAIL SPECIFY THE LOCATION OF ONE OR
MORE MANAGER'S STATIONS . • 2. IT IS THE DUTY OF THE UCENSEE TO ENSURE THAT AT
LEAST ONE EMPLOYEE IS ON DUTY AND SITUATED IN
EACH MANAGER'S STA110N AT ALL 11IDS 111AT ANY
PATRON IS PRESENT INSIDE flU nDGSES.
3 . THE INTERIOR OF THE "INIRS SHALL BE CONFIGURED
IN SUCH A MANNER ntAT TRm IS AN UNOIISTllUCTED
VIEW FROM A MANAGD'S STA110N OF EVDY AREA OF
THE PREMISES TO WHICH ANY PATltON IS PERMITTED
ACCESS FOR ANY PURPOSE , UCUJDL'IG USTROOMS .
RESTROOMS MAY NOT CONTAIN FILM Oil VIDEO
REPRODUCTION EQUIPMENT Oil EQUIPMENT FOR
SHOWING SLIDES OR PHOTOGllAPHS . IF THE PREMISES
HAS TWO (2) OR MORE MANAGER'S STA110NS, THEN THE
INTERIOR OF THE PREMISES SHALL BE CONFIGURED IN
SUCH A MANNER THAT fflERE IS AN UNOBSTRUCTED
VIEW OF EACH AREA OF THE PllEMISES TO WHICH ANY
PATRON IS PERMITl'ED ACCESS FOR ANY PURPOSE FROM
AT LEAST ONE OF fflE MANAGER'S STATIONS . THE VIEW
REQUIRED IN THIS SUBSEC110N MUST BE BY DIRECT
LINE OF SIGHT FROM THE MANAGER'S STATION . ,,I
4 . IT SHALL BE THE DUTY OF THE LICENSEE AND I • EMPLOYEES PRESENT ON THE PREMISES TO ENSURE
THAT THE VIEW AREA SPECIFIED IN THE PREVIOUS
PARAGRAPH REMAINS UNOBSTRUCTED BY ANY DOORS,
WALLS , MERCHANDISE. DISPLAY RACKS OR OTHER
MATERIALS AT ALL 11MES AND TO ENSURE THAT NO 0
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PATRON IS PERMITTED ACCESS TO ANY AREA OF THE
PREMISES WHICH HAS BEEN DESIGNATED IN THE
APPLICATION AS AN AREA TO WHICH PATRONS WILL NOT
BE PERMITTED .
5. IT SHALL BE THE DUTY OF THE LICENSEE TO ENSURE
THAT ALL WALLS SHALL BE MAINTAINED WITHOUT
HOLES OR DAMAGE .
6. NO PEEP BOOTH MAY BE OCCUPIED BY MORE THAN ONE
PERSON AT ANYTIME .
Se<;tion 2. The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6E, Section 2, by enacting a new Paragraph B, entitled Adult
Eatabliahments, which ahall read as follows :
7-8E-2: ADULT ESTABLISHMENTS:
B. IT SHALL BE UNLAWFUL FORAN ADULT ESTABLISHMENT AS
DEFINED IN TITLE 5, TO ADMIT OR TO PERMIT THE PRESENCE
OF MINORS WITHIN AN ADULT ESTABLISHMENT .
$ection 3. The City Council of the City of Englewood, Colorado hereby amends
Title 7, Chapter 6E. Section 4, by enacting a new Paragraph C, which
ahall read u follow,:
7-8E-4-C: IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL. BARTER
OR GIVE, OR TO OFFER TO SELL. BARTER OR GIVE , TO ANY MINOR, ANY
SERVICE , MATERIAL. DEVICE OR THAT IS SOLD OR OFFERED FOR SALE BY
AN ADULT BOOKSTORE. ADULT MOTION PICTUllE THEATER OR ADULT
DANCING ESTABLISHMENT OR OTHER ADULT ENTERTAINMENT FACILITY .
$ection 4. Licenae Fee : Licenae f'Na for t1ua Chapter ahall be determined and
aet by City Council in accordance with 5-1-8 oftlua Code.
Sec;tion 4. Licenaea required: It aball be unlawful for any penon t.o act u a
Direct Seller or Itinerant Vendor without &nt Proc:urinc a liceue. All proviaiona of
Chapter 1, of thia Title are applicable u well u thoN apecial proviaiona 1iated below .
Section 6. The Ena)ewood City Council eatabliabed a temporary auapenaion or
moratorium of certain miacellaneoua buaineu liceue1 for a period of aix montha with
the puaap of Ordinance No . 25, Nrin of 1996, est.ended the moratorium with the
puup of Counal Bill No . 11 . Serie, of 1997 and now remOVN the followinc licenae,
from the moratorium :
Adult Arcade
Adult Boouton
Adult Cabaret
Adult Dancins Eetabliabment
Adult EnwlUIWnt Eaabliahment
Adult Motion Picture Booda
Adult Madon Picture Theater
Peep Booda
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Section 6. Safety Clauaea The City Council, hereby finds, determines, and
declares that thia Ordinance is promulgated under the general police power of the
City of Englewood , that it is promulgated for the health, ufety, and welfare of the
public, and that thia Ordinance is neceuary for the preaervation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 8. Seyerability If any clauae, 1entence, paragraph, or part of thia
Ordinance or the application thereof to any penon or c:ircumatances shall for any
reason be adjudged by a coun of competent juriadiction invalid, such judgment shall
not affect impair or invalidate the remainder of thia Ordinance or its application to
other penona or circumlltances.
Section 9 lnmPlittent QrJjn•nm• All other Ordinances or portions thereof
inconaiatent or conflicting with thia Ordinance or any portion hereof are hereby
repealed to the extent of auch inconaiatency or conflict.
Section 10. Efroct of nmeel or mgdjfiqtion. The repeal or modification of any
provision of the Code of the City of Englewood by thia Ordinance ahall not releaae,
extingui8h, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which ahall have been incurred under auch proviaion,
and each proviaion ahall be treated and held aa atill remaininc in force for the purpoees
of auataining any and all proper actiona, auita, proceedinp, and proeec:utiona for the
enforcement of the penalty, forfeiture, or liability, aa well aa for the purpoae of
suataining any judcment, decree, or order which can or may be rendered, entered, or
made in 1uch actiona, auita, proceedinp, or prmecutiona.
Section 11. lDIISI. The Penalty Proviaion ofE.M.C. Sec:aon 1-4-1 ahall apply to
each and eveey violation of thia Ordinance.
Introduced, read in full, and pUNd on fint readms on the 17th day of March. 1997.
Publiabed aa a Bill for an Ordinance on the 20th day of Marc:h, 1997.
TbomaaJ. Burne, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I. Loucriahia A. Ellia, City Clerk of the City of Eqlewood, Colorado, hareby certify
that the above and forecoinl ill a true copy of a Bill for an Ordinance, introclw»d, read
in full, and pUNd on fint read.ins on the 17th day ol Much, 1997.
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Mardi 17, 1997 aa for an ordinance adDpllng • new
10 a iii TIie 5, Chapter 29, Tobllcco
Dealars.
lnlllaadBy I Frank;:.
BWrloura -of Flnancllll Services Dlnldor
COWICIL GOAL AND PREVIOUS COUNCI. ACTION
Thll 1111 for an onlnance adopls Tltle 5, Cllapler 29 to the Cly Code. 1111s license Is new, and was not Included
in Ille mlscellaneous licenses moratortum In Ille Cly of Ellglawaod. Thll 1111 far onlnance wll llllow the City's
staff to illue tobacco dealers licenses.
Cly Council dllCUlaed 11111 llcense ll a llUdy Wlion held Decamber 2, 1989.
IIECOFVENDED ACTION
Slaff r1comm111dl Cly Councll appn,ve lhls 1111 far an ordl11111e1.
BACKGROUND, ANAL\'818, AND AL'IEIINATW IDEM ii &
Thll ls• new llcenN, Cl'Nled to.,... that...,.. Nllng lllbacco...,... .. llclnlld to prolec:l the hulltl,
welfar9, and llfely of the c:illzelll of Ille Cly of Ei...-a. The main foall of lllil IIClla II to uep minors
from KC 11 llng tabacco pruduc:11. AIIII, no minor may WIid any tollecco pnMluc:l. and warning ligrll must be
poated In the 1lllbarm ........ prwnilll. Vllldlng machine ..... illlllrlc:tlld on1r to ve.w 111111 .. not open
to Ille pubic or do not allow minors on tlll prwnlNI.
No alteinallV9I ... ldlnllllld.
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ORDINANCE NO. _
SERIF.S OF 1997
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BY AUTHORITY
ABILLIOS
JO Q.,.J ti
C8UIICIL 1111.LMO. •
l1ffllODUCSD BY "'OOURCIL_,_,,...
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AN ORDINANCE AMENDING TITLE 7, CHAPTER 6E, WITH THE
ENACTMENT OF A NEW SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE
1985 AND ENACTING A NEW TITLE 5, CHAPTER 26, ENTITLED TOBACCO
PRODUCTS VENDOR.
WHEREAS, this Ordinance, creating a new license, is created to ensure that
penona selling tobacco products are licensed to protect the health, welfare and safety
of the citizens of Englewood; and
WHEREAS, the primary focus of this License is to keep minors from gaining
acce&B to tobacco product&; and
WHEREAS, this Ordinance continues to prohibit minors, under the age of 18, from
vending or purchasing any tobacco product; and
WHEREAS, vending machine accea is reatricted only to venuea that are not open
to the public or do not allow minors on the premise&;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Se!;tiqn 1. Tbe City Council at the City of Englewood, Colorado hereby amenda Title
5, by enacting a new Chapter 26, entitled Tobacco Produc:ta Vendor which llhall rud
aa follows:
SECTION :
5-26-1 : DEFINITIONS
5-26-2: UCENSE REQUIRED
5-26-3 : APPUCATION FOR UCENSE
5-26-f: SPECIAL CONDfflONS AND RESTRICTIONS OF THE UCENSE
5-11-1: DEF1Nffl0N8:
TOBACCO PRODUCTS: CIGARETl'ES, CIGARS CHEROOTS,
STOGIES, PERIQUES, GRANULATED,
PLUG CUT, CRDIP cur, READY RUBBED
AND OTHER SIIOKING TOBACCOS,
SNUFF, SNUFF ft.OUll, CA VBNDISB,
PLUG AND TWIST TOBACCO, FIRE-CUT
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AND OTHER CHEWING TOBACCOS,
SHORTS, REFUSE SCRAPS, CLIPPINGS,
AND SWEEPINGS OF TOBACCO AND
OTHER KINDS AND FORMS OF
TOBACCO, PREPARED IN SUCH FORM AS
TO BE SUITABLE FOR CHEWING OR FOR
SMOKING IN A PIPE OR OTHERWISE, OR
BOTH FOR CHEWING AND SMOKING.
5-18-2: UCENSE REQUIBED: IT SHALL BE UNLAWFUL TO SELL OR OFFER
FOR SALE AT RETAIL, OR TO GIVE AWAY ANY TOBACCO PRODUCTS
WITHIN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A
LICENSE PURSUANT TO THIS CHAPTER.
5-28-3: APPUCATION FOR UCENSE: THE APPLICATION FOR A TOBACCO
PRODUCTS VENDOR LICENSE SHALL BE MADE IN ACCORDANCE WITH
THE PROVISIONS OF TITLE 5, CHAPTER 1.
5-11-4: SPBCW. CONDfflONS AND BBS'DUC'l10N8 OF 111B UCEN8E: IN
ADDITION TO ALL OTHER REQUIREMENTS OF CHAPTER 1 OF THIS TITLE
THE FOLLOWING SPECIAL LICENSE REQUIREMENTS APPLY:
A. TOBACCO PRODUCTS VENDING LICENSES ARE NOT
TRANSFERABLE.
Seg;tim 2. The City Counc:il of the City of Englewood, Colorado hereby repeala
Title 6 , Chapter 1, Section 10 and amends Title 7, Chapter 6E, of the Engelwood
Municipal Code 1985 by enacting a new Subsection 9, which shall read as follows :.
7C-I: nJBNIBIIING 'lUBAoCCO PBODUCl'S TO MINORS; SALE OF TOBACCO
PRODUCl'S IN VENDING IIACIIINBS:
A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY
FURNISH TO ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE,
BY GIFT, SALE, OR ANY OTHER MEANS, ANY CIGARETTES OR
TOBACCO PRODUCTS AS DEFINED IN TITLE 7, CHAPTER &E ,
SECTION 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985.
8 . IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF
EIGHTEEN (18) YEARS OF AGE TO PURCHASE ANY CIGARETTES OR
TOBACCO PRODUCTS AS DEFINED IN TITLE 7, CHAPTER &E,
SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985.
C. IT SHALL BE UNLAWFUL FOR ANY LICENSE HOLDER, AGENT, OR
EMPLOYEE TO ENGAGE , EMPLOY, OR PERMIT ANY PERSON UNDER
THE AGE OF EIGHTEEN (18) YEARS TO SELL TOBACCO PRODUCTS ON
THE LICENSED PREMISES .
D . MACHINE SALES PROHIBITED: IT SHALL BE UNLAWFUL TO SELL
TOBACCO PRODUCTS AT RETAIL THROUGH VENDING MACHINES
EXCEPT UNDER THE FOLLOWING CONDfflONS:
1. FACTORIES, BUSINESSES, OfflCES, OR OTHER PLACES NOT
OPEN TO THE GENERAL PUBLIC;
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2 . ESTABLISHMENTS WHERE PERSONS UNDER THE AGE OF
EIGHTEEN (18) YEARS ARE NOT PERMITI'ED;
ANY PERSON WHO SELLS OR OFFERS TO SELL ANY CIGARETTES
OR TOBACCO PRODUCTS, BY USE OF A VENDING MACHINE OR ANY
OTHER COIN-OPERATED MACHINE MUST DISPLAY A WARNING
SIGN, AS SPECIFIED IN THIS PARAGRAPH. SAID WARNING SIGN
SHALL BE DISPLAYED IN A PROMINENT PLACE ON SUCH MACHINE
AT ALL TIMES, SHALL HAVE A MINIMUM HEIGHT OF THREE
INCHES (3") AND A WIDTH OF SIX INCHES (6"), AND SHALL READ,
IN LETTERS AT LEAST lfl INCHES lfiGH, AS FOLLOWS:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER EIGHTEEN
YEARS OF AGE TO PURCHASE CIGARETl'ES AND
TOBACCO PRODUCTS AND, UPON CONVICTION,
SHALL BE PUNISHED AS PROVIDED IN SECTION 1-4-lB
ENGLEWOOD MUNICIPAL CODE 1985
$ection 3. License Fee: License fees for this Chapter shall be determined and
set by City Council in accordance with 5-1-8 of this Code .
$ectigp 4-Licenses required: It shall be unlawful for any person to act as a
tobacco products vendor without first procuring a liceme. All provwOllll of Chapter
1, of this Title are applicable u well u thOle special proviaiom lilted below .
Sectigp 5. Spg Clau111 The City Council, hereby finda, determines, and
declares that thia Ordinance is promulpted muter the pneral police power of the
City of Eqlewood, that it is promulpted for the malth, safety, and welfare of the
public, and tbat thia Ordinance is neceuary for die prese"ation of health and
safety and for the protection of public convenience and welfare. The City Council
further determinea that the Ordinance bean a rational relation to the proper
legislative object aougbt to be obtained.
Sod;igp 6. Seye,ahility If any claw, NDtence, parqraph, or part of this
Ordinance or the application tbenof to any penon or circumstances aball for any
reason be adjudpd by a court of mmpeteat juriacliction innlid, IUCh judgment
sball not affect impair or invalidate the remainder of thia Ordinance or its
application to other penoaa or cireumlltancea.
$ectign 2 lomnmunrt Ordjnanc11 All other Ordinances or portiom thereof
inconsistent or conflictiD1 with thia Ordinance or any portion hereof are hereby
repealed to the extent of 1uch inconaistency or conflict.
$ection 8 Ef[a;t of repeal gr modjfjcatjon The repeal or modification of any
provision of the Code of the City of Enpewood by thia Ordinance lhall not release,
extiD(uish, alter, modify, or chanp in whole or in part any pmalty, forfeiture, or
liability, either civil or criminal, which lhall have II-. iDcurrecl under 1uch
provision, and each provision shall be treated and held • ltill remainins in force
for the purpmm of •llltainins any and all proper actiom, IUita, promedinp, and
pn.ec:utiona for the enforcement of the penalty, farfeitare, Ill' liallility, • well u for
the IIW'PI* of 1Ultainins any juqment, decree, or ordar which CUI or may be
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rendered, entered, or made in such actiODII, suits, proceedinp, or proeecutiODII.
5m;tim 9. fmlltx. The Penalty Provision olE.M.C. Section 1-4-1 ahall apply to
each and every violation of this Ordinance.
Introduced, read in full, and puaecl on tint reading on the 17th day of March, 1997.
Publillbed u a Bill for an Ordinance on the 20th day of March, 1997.
Thomaa J. Burns, Mayor
ATTEST:
Louc:riabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk al the City of Enpewood, Colorado, hereby certify
that tbe aboYe and foreFinl ia a true copy al a Bill for an OrdiDance, introduced,
read in full, and puaed oo lint reading OD tbe 17th day of March, 1997.
Louc:riabia A. Ellia
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COUNCL COMMUNICATION
Daa Agendalllln Subject
March 17, 1997 Bill for an onlnance adopting a new
10 a iv
TIie 5, Chapter 25, Weapons
DNlenl. ....... ., I Frank
8lallfllourm -of Flnanclal SeMcel Dnclar'
COUNCI. GOAL MG PREVIOU8 COUNCI. AC110N
This bll for an ordlnanCe adopls TIie 5, Cllapler 25 lo Ille City Code. This llcenle is new, and was nal Included
In Ille mllcelaneous llcllnses IIIOflllorun In Ille Cly of Englewood. This bll for ordinance wlll allow Ille Cly's
staff to Issue weapons dealers llcllnses.
Cly CCMICil discussed 1111s llcenle at a ltUdy NSliorl 111111 No..embef 11, 1118.
IIIECOIIIENDED AC110N
Staff -· Cly Counc:11 approve lllis 1111 far M ........
UCKCIIIOWI>. NW.VIiia, AND M.TIIINA'IW WIE L
This is a new llceMe, ~to ........ ...-............. llcaad to pralect Ille hNIIII, ...... and....., of Ille c:llalll of Ille Cly of El.........._ Ttle 11111111 tDaa of Ills llcenle is to ensure weapons sales
.. ~OOHllollld and NCOl'lled.
L.iclnN ,....,... lndude ,wcoH•no sales. and ... -.,.. recon1s far tine ywa,s. n. pun:tlWr of a
weapon fflUll affix ........... to Ille .............. far w:11 weapon IOld, and Ille ,egiller fflllll be avalable to
any local law •lfarmment agency far ......... .
VJ'lap DI• sales to mlncllS and COIMCad ........ pnilliblld. • .. sales to anyone under Ille llllluence of
drugs or alcoliol. Salls of weapon1 CN1 C01111giw1u• .. p,alllllld, and no llcenle holder shall NI a weapon
that has been all9f9d or defaced lo obecul9 or change Ille lda11lllcatiou of Ille waapon.
No allematlvel ... ldenlllled.
FIVMCIAL. .. ACT
The Cly of Eriglewood cld na1 colec:t any fNI for lllis 11cen1e In 1118.
UST OF ATTACHMENTS
Copy of a bill for an ordinance
"""'" ort RecyclN P.-,. --
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILLIOa
,~
/D /)..,,'v
COUNCIL IIILL!IO. a.
IN'l'llODUCBD BY CO\'.JNCJL
N1DQlD -------
AN ORDINANCE AMENDING TITLE 5, BY THE ENACTMENT OF A NEW
CHAPI'ER 25, ENTITLED WEAPON DEALERS LICENSE TO THE ENGLEWOOD
MUNICIPAL CODE 1985.
WHEREAS, the puaage of this Ordinance will allow the City'1 ltaff to ~
weapom dealers licemes and ensure that weapona aales are reasonably controlled
and recorded; and
WHEREAS, the new Weapon Dealers Liceme wu created to ensure that perllODII
ae1ling weapom are licemed in order to protect the health, welfare, and aafety of the
citizenl of the City of Englewood; and
WHEREAS, weapona aales to minora and convicted felona are prohibited, aa well
u the aale to anyone under the influence of drup or alcohol; and
WHEREAS, aales of weapona on CODwipment are prohibited and no licenae holder
ahall aell a weapon that bu been altered or defaced to obac:ure or cbanp the
identificatioo of the weapon; and
WHEREAS; police bacqround inYWtiptiam will be required of WMpom dealers
to protect the public welfare and ufety and -plo,-; and
WHEREAS, the liClll!IDN exempts holden of federal liceuN for ftreuma alee
only; and
WHEREAS, the Federal Governments regulatiom are auperior' to the City'1
requirementa; and
WHEREAS, this licsae ia not tranaferable becauae it ia unique to the liceme
holder; and
WHEREAS, the requirement of a police bacqround inveatiption enaurN ODly
qualified applicanta without a criminal bacqround pertorm tbNe activitiee in the
City of Englewood, thia requirement alODe makea the licenae unique to the applicant
and therefore not tranaferable; and
WHEREAS, thia liClll!IDN involvea the ale of producta that could potentially be uaed
in the commiaaiOD of crimea, therefore, DO 1ic:eue will be IJ'&nted to • CODvicted
feloo, nor may an MDplOJN of the liceue bolder be a CODYicted felon; and
WHEREAS, felona are not permitted to carry tlnarma; and
WHEREAS, thia 1iceDN bu apec:ial liceme reqllir-.ta that focu OD ohtainin1
proper identiftcatioa of the buyer and maintain a tnnaactiam n,jat.er that lball be
available to any local law emorc:ement apncy; and
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WHEREAS, the license holder shall report -idy to the local law enforcement
agency all weapons sold in the previoua week; and
WHEREAS, these requirements are needed to inform law enforcement of the types
and numbers ofweapom being sold in the City ofEqlewood; and
WHEREAS, this license requires a tranaaction fee that is uaed to off'set the
administration of this lic:enae; and
WHEREAS, this license protecta the pubtic by not allowing the aale of any weapon
to minors or penona under the inft-al drup or alcohol;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sec;tiqp. l . The City Council al the City ofEnpewood, Colorado hereby repeals Title 5,
Chapter 12, Section 7 and ammda Title 5, with the euctment of a n-Chapter 25,
entitled Weapon Dealers of the Englewood Municipal Code 1985, which ahall read aa
follows :
BBCnON:
5-25-1: DEPINITIONS
5-25-2: LICENSE REQUIRED
WEAPON DBAJ DR
5-25-3 : APPLICATION FOR LICENSE
5-25-4: SPECIAL LICENSE REQUDlEIIENTS
5-11-1: DBF1Nffl0N8c FOR THE PURPOSE OF ffDS CHAPl'EJl, THE
FOLLOWING DEFINITIONS APPLY :
AIR GUN :
BALIJSTIC KNIFE :
ANY INSTRUMENT, TOY, OR WEAPON
COIIIIONLY KNOWN AS AN Alll GUN, BB
GUN, OR PELLET GUN INTO WIUCH AIR
JS PUIIPED OR PUT TO PROPEL A BB,
PELLET OR PBOJECrILE. A GAS GUN JS
EXCLUDED FROII ffDS DD1N1T10N.
ANY KNIPE THAT HAS A BLADE W!DCH
IS FORCEFULLY PBO.JECTED P'ROII THE
HANDLE BY MEANS OF A SPRING-
LOADED DEVICE OR EXPLOSIVE CHARGE.
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BLACKJACK:
BOMB:
FIREARM:
GAS GUN:
GRAVITY KNIPE:
KNIFE :
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INCLUDF.s ANY BILLY, SAND CLUB,
SANDBAG, OR OTHER HAND-OPERATED
STRIKING WEAPON CONSISTING, AT
THE STRIKING END, OF AN ENCASED
PIECE OF LEAD OR OTHER HEAVY
SUBSTANCE AND, AT THE HANDLE END,
A STRAP OR SPRINGY SHAFT WIDCH
INCREASF.s THE FORCE OF IMPACT.
ANY EXPLOSIVE OR INCENDIARY DEVICE
OR MOLOTOV COCJcr'AIL AS DEFINED IN
SECTION 9-7-103, COLORADO REVISED
STATUTES, OR ANY CHEMICAL DEVICE
WIDCH CAUSES OR CAN CAUSE AN
EXPLOSION WIUCH IS NOT
SPBCIPICALLY DF.slGNED FOR LAWFUL
AND LBGITDIATE USE' IN THE HANDS OF
ITS POS,gSSQR.
A PISTOL, REVOLVER, RIFLE, SHOTGUN,
OR OTHER HAND WEAPON OF ANY
DESCRIPTION, LOADED OR UNLOADED,
FROII WIDCH ANY SHOT, BULLET, OR
OTHER IIISSU.E CAN BE DISCIIARGBD BY
AN EXPLOSIVE CHARGE.
A DEVICE DESIGNED FOil PB0.1BCTING
GAS-PILLBD PllOJBCTILBS OR NONGAS
PROJECTILBS WHICH BBLBASB TIIBlll
CONTENTS APTER HAVING PB0JECTED
FROII THE DEVICE AND INCLUDES
PRO.JBCnLES DESIGNED FOR USE IN
SUCH A DEVICE.
ANY KNIFE THAT HAS A BLADE
BEi BASED FROII THE HANDLE OR
SHEATH TRERBOP BY THE FORCE OP
GRAVITY OB THE APPLICATION or
CENTRIPUGAL FORCE, THAT WHEN
BEI.&\SED IS LOCKED IN PLACE BY
IIEANS or A BU'l'TON, SPRING, LEVD,
OR OTHER DEVICE.
ANY DAGGER, DIRK, KNIFE, OR
STILE'ITO WITH A BLADE OVBR TllllBB
AND ONE-BALP INCHES (3 ll'Z') IN
LENGTII OB ANY OTHBll DANGDOUS
INSTllUIIBNT CAPABLE or INFLICTING
CUTrING, STABBING, OR TBAIIDIG
WOUNDS, BUI' DOBB NOT INCLUDI A
HUNTING OR PISIIING Din CAIIISD
POil SPORTS U8B. TIii IIIIIUS THAT A
1D111'1 IIUMTING 01 Pl8IIINO IDll1'I
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NUNCHAKU:
(NUNCHAKUS)
SPIKES:
STUN GUN:
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SWITCHBLADE KNIFE:
THROWING STAR:
WEAPON :
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MUST BE RAISED AS AN AFFIRMATIVE
DEFENSE.
AN INSTRUMENT CONSISTING OF TWO
(2) OR MORE STICKS, CLUBS, BARS, OR
RODS TO BE USED AS HANDLES
CONNECl'ED BY A ROPE, CORD, WIRE, OR
CHAIN, WIUCH IS IN THE DESIGN OF A
WEAPON USED IN CONNECTION WITH
THE PRACTICE OF A SYSTEM OF SELF·
DEFENSE.
ANY DEVICE COMPOSED OF LEATHER OR
OTHER MATERIAL IMPREGNATED WITH
SPIKES CAPABLE OF BEING WORN
AROUND PART OF THE HUMAN BODY
SUCH AS A WRIST BAND, OVER THE
HAND, AROUND THE BEAD, NECK, ETC.)
wmca BAS METALLIC SPIKES
PROTRUDING OUT FROM THE LEATHER
OR OTHER MATERIAL, BUT DOES NOT
INCLUDE ANY BONA FIDE ITEM OF
WEARING APPAREL USED IN A
RECOGNIZED AND ORGANIZED SPORT
SUCH AS GOLF SHOES, CLEATED
FOOTBALL OR BASBBAIJ. SHOES. THE
ISSUE OF WBETBEll THE ITEM WAS A
GOLF, FOOTBALL, OR BASEBALL SHOE
MAY BE RAISED AS AN APFIBllATIVE
DEFENSE.
A DEVICE CAPABLE OF TEMPORARILY
DOIOBILIZING A PERSON BY THE
INFLICTION OF AN ELECl'RICAL
CIIAllGE.
ANY KNIFE, THE BLADE OF WIUCH
OPENS AUTOMATICALLY BY BAND
PllBSSUU APPLIED TO A BUTl'ON,
SPIUNG, OR O'fflEll DEVICE IN ITS
HANDLE.
A DISC HAVING SHARP RADIATING
POINTS OR ANY DfSC.SIIAPED BLADED
OBJECT WHICH IS HAND HELD AND
THROWN AND wmca IS IN THE DESIGN
OF A WEAPON IN CONNECTION WITH
TIIB PRACTICE OF A SYSTEII OF SELF-
DEFENSE.
INCLUDES, BUT IS NOT LDIITED TO ANY
AIR GUN, BLACK.JACK OR BILLYCWB,
BRASS OR METAL KNUCKLBS, CLUB
LOADED WITII LEAD OR onmJl
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WEAPONS DEALER:
5-215-2: I..ICDH!: BBQUIBED:
• •
WEIGHTS, FIREARM NUNCHAKU
(NUNCHAKUS), KNIFE, GRAVITY KNIFE,
SWITCHABLE KNIFE, THROWING STAR,
OR SWORD .
ANY PERSON, PARTNERSHIP, OR
CORPORATION SELLING WEAPONS IN
THE CITY OF ENGLEWOOD .
A IT SHALL BE UNLAWFUL FOR ANY PERSON TO SELL AT WHOLESALE
OR RETAIL ANY WEAPON WITHOUT FIRST OBTAINING A LICENSE.
B. A WEAPONS DEALER LICENSED BY THE FEDERAL GOVERNMENT
MAKING ONLY SALES OF FIREARIIS IS EXEMPl' FROM THIS LICENSE .
5-15-3: APPLICATION POil LICBNIIIC: THE APPLICATION FOR A WEAPONS
DEALER LICENSE SHALL BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 5, CHAPl'ER 1.
5-21-4: SPBCw. LICENSE IIBQVIBDIIINT&
A . LICENSES ISSUED UNDER TIUS CHAPl'ER SHALL NOT BE
TRANSFERRED TO ANOTHER PERSON OR LOCATION .
B . ALL APPLICANTS, EMPLOYEES AND AGENTS WILL BE SUBJECT TO A
POLICE BACKGROUND INVESTIGATION AS PART OF THE
APPLICATION PROCESS.
C. THE LICENSE HOLDER SHALL KEEP A NUMERICAL REGISTER WHICH
WILL INCLUDE THE FOU.OWING INFORMATION :
1. THE DATE , TIME AND PLACE OF SALE.
2 . AN ACCURATE AND DETAILED DESCRIPTION OF EACH WEAPON
SOLD, INCLUDING, BUT NOT UMITED TO, ANY IDENTIFICATION
NUIIBEll, SERIAL NUIIBEll, CALIBEll, OR OTHER IDENTIFYING
MARKS ON EACH SUCH WEAPON .
3 . THE LICENSE HOLDER SIW.L SIGN IDS OR HER NAME IN THE
REGISTER FOR EACH WEAPON SOLD VERIFYING THE
INFORMATION FOR EACH SALE .
4 . THE LICENSE HOLDER SHALL AFFIX A RIGHT INDEX
FINGERPRINT OF THE SELLER IN THE REGISTER FOR EACH
WEAPON SOLD .
5. SUCH REGISTER SIW.L BE MADE AVAILABLE TO ANY LOCAL
LAW ENFORCEIIENT AGENCY FOR INSPECTION AT ANY
REASONABLE TIME.
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6. THE WEAPONS DEALER IJCENSE HOLDER SHALL KEEP EACH
REGISTEll FOR AT LEAST TllllBE (3) YEARS AFTER THE DATE OF
THE LAST TRANSACTION ENTERED IN THE REGISTER.
7. EVERY LICENSE HOLDD SHALL PROVIDE THE LOCAL LAW
ENFOBCEIIENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2)
COPIES OF THE DGISTEll POK ALL WEAPONS SOLD IN THE
PREVIOUS WEEK. THE LOCAL LAW BNPOBCEIIENT AGENCY
SHALL DESIGNATE THE DAY OF THE WEEK ON WRICH THE
RECORDS AND DECLARATIONS SHALL BE SUBlll'l'l'ED.
8. EVERY LICENSE HOLDD SHALL PAY TO TIIB cm A FD POK
EVERY TllANBACl'ION PORII. TBIS PD SHALL BE DBTBIDIINED
BY TIIB cm AND SET BY DSOLtmON.
9. EVBllY UCENSE HOLDER SHALL, AT lll8IIIBll DPENSE, KEEP
ADDfflONAL IBCOIID8 oa PBOVIDB IIBPOllTS IN SUCH IIANNEll
AND BY SUCH MB'l1IOD8 AS IIAY BB Dl:TBBIIINBD FBOII TDIE TO
TDIE BY THE LICENSING OfflCBIL
D. NO WEAPON SHALL BE DIBPLAYBD IN SUCH IIANNBR AS TO BE
VISIBLE IN ANY SHOW WINDOW FACING ANY STREBT.
E. A WEAPONS DBALD, BIIPIDYD, OR AGBNT OF THE IJCENSBE
SHALL NOT SELL ANY WEAPON TO ANY PBIISON UNDD TIIB AGE OF
BIGBTBBN (18) YBAltS oa TO ANY PBISON UNDD TIIB INFLUENCE
OF ALCOHOL OR DRUGS.
F. A WEAPONS DBALD AS DBFINBD IN TITLE 5 OF TIIB BNGLBWOOD
IIUNICIPAL CODE 11185 SHALL NOT SELL ANY WEAPON TO ANY
PERSON KNOWN TO BE A CONYICTBD FELON.
G. NO LICENSE BOLDD SHALL SELL WEAPONS ON CONSIGNIIBNT.
H. NO UCBNSB IIOLDD, DIPLOYD oa AGBNT OP A UCBN8E BOLDD
SHALL SELL ANY WEAPON WBWIN TIIS ID&NIUICAftON
NUIIBBll, SBRIAL NUIIIID. IIODa. JrollllD. 8UIID NAIIB.
OWNER'S mlDfflFICAftON NUIIIID oa O'l'IID ID&itiV'ilNG
IIAB.KS ON SUCH WEAPON BAVS llaN Oll8CtJaBD IN ANY IIANNBll
OK ALTDBD IN ANY WAY .
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8erSim a Tbe ........ at,Qiwil __,__.TIiie 1, a...--a. a--
,. with die meet-mt ol a Panp4ia D, oldie ......... llveic:ipel Coda 1tNII, wllicb
lb.all read -follon:
7.eE-4: D. A WEAPONS DBAL&ll DIPLOYD OR AGENT or THE
UCBNSBB SHALL NOT SELL ANY WEAPON, AS DBPINBD IN 5-
21-1 B.11.C ., TO Alff nll80N mn>D TID MJB or BIGll'l'BBN
(18).
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Section 3 Safety CJ•YICI Tbe City Council, hereby finds, determines, and
declares that this Ordinance ia promulgated under the general police power of the
City of Englewood, that it ia promulgated for the health, aafety, and welfare of the
public, and that this Ordinance ia neceuary for the preaervation of health and
safety and for the protectim of public convenience and welfare. The City Council
Curt.her determinea that the Ordinance bean a ratiODal relation 1D the proper
legislative object BOught to be obtained.
Sec;tiqp "-SevcuhiJity If any clauae, sentence, parqraph, or part of this
Ordinance or the applicatiOD tbseaf to any penon or cireumatances aball for any
-be ad,iudpd by a a,mt of CX!Plpetalt juriadic:tion invalid, auch judgment
aball not afl'ec:t impair or invalidate the remainder of this Ordinance or its
application to other penona or c:ircumatances.
Sec;tim 5 tnmoeielert Offlineoc11 All other-Ordinancee or portiom thereof
incoaaiatent or conflic:tinc wilh this Ordinance or any portiOD mr"eOf are hereby
repealed to the extent of IIUCb inmaeietmcy or conllict.
Section &. Eff1'1ii r( ..,,, cw: mgdifisatjpp Tbe repeal or modification of any
provision of the Code of the City of Enclewood by this Ordinance aball not release,
eninguish, alt.er, modify, or chanp in whole er in part any penalty, forfeiture, or
liability, either civil or criminal, which aball have a,-ineurred under such
provision, and each provieioD aball be treated and held u ltill remainin( in force
for the purplNI of •uataininf any and all proper actiom, auita, .,,._tinp, and
proaec:utiona for the enfon:ement oft.be penalty, forfeiture, or liability, u well u for
the purpoae of 1uataining any jwicment, decree, or order which can or may be
rendered, entered, or made in auch actiom, auita, proc:eNtinp, or prmKUtiom.
Sec;tiqp 7. fmalty. Tbe Penalty Provision ofE.M.C. SectiaD l+l aball apply to
each and every violation of this Ordinance.
Introduced, read in flll1, and pa8Nd CID 8nt readinc Oil the 17th day of llarch, 1997.
Publiabed u a Bill for u OrdiDaace Oil the 20th day olllan:b, 1997 .
,,__ J . Burm, lla:,or
ATTEST :
Loucri1hia A. Ellie, City Clerk
I, Loucriahia A. Ellia, City Clerk olthe City olEapewood. Colorado, bereby c:ertify
that the above and foreaoiDI ia a true copy of a Bill for an Ordinaace, introduced,
read in full, and puaed CJD ant readinc CJD the 17th day ofllan:b, 1997.
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Mardi 17, 1117
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COi.ci WL AND PIIEVIOUS COIINCL AC110N
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Thil 1111 for• onll•ICI .... TIie 5, Cl..-, 20 ID .. Cly Code. Te-llmlw-not lndudlld In Ille
.......... limlas IIIOflilortum In .. Cly of El ......... Thil 1111 for onll•ICI .. allow Ille Cly's statf to
..... apeclal IIWlll lcenNs.
Cly Council dllamed this license al a..., 8laliDII 1111d Decenlller 11, 1•.
RECOSFENDED ACTION
Slaff Wlllllllllds Cly Council appn,ve W. 1111 for• .......
UCICGIICNIND, WLYIIIS, AND AL'll!IIIIA1W WIU &
Thil ii a----. cnaled 1D .... llal .................. In .. Clyof EliglHDDd ..
........ ....... aid provide ................... 1'llia .... ii IRdudlll In ....... Cl..-,for
_of ... .
flNMICML a.M:T
The Cly of E:191 DDd cld lllll called-, ......... ~ 1111-.
LaT 0, AffACI 911'8
~ of a 1111 for .. cwcll•ICI
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
........
AN ORDINANCE AMENDING TITLE 5, BY ENACTING A NEW CHAPTER 20, OF
THE ENGLEWOOD MUNICIPAL CODE 1985, ENTITLED SPECIAL EVENTS.
WHEREAS, tbe ..-. aldlia On1imDCe Special Evaita li-will allow tbe
City'a atafl' to ~ apecia1 -ta licemM; aad
WHEREAS, tbe activity covered by thia liceme by ita definition doea DOt occur aa a
regular buia aad tMrefore the lic:eme apil'N apoa C'AIIDpleticn altbe l!\lellt er aeven
daya whichever ia aborter; and
WHEREAS, the regular f'unctioaa and activitiea al pwnmmt, religi01111 or
charitable orpnizatiom becauae tbeN orpnizationa normally have a permanent
presence in the community; their operationa are intended to benefit the community aa
a whole; and
WHEREAS, tbia 1iceme baa apecial 1iceme ~ta due to the tranait.ary
nature of the licemed actiYities; and
WHEREAS, tbia lic:enae requirea pneral liability inaurance in an amount
acceptable to the City to inaure the public ia protected apimt any fiDancial coat due to
harm or damap incuned u a reault of tt-activities and -ta; and
WHEREAS, tbia lic:eme requirea a cJ.nup depaait to inaure tbe liamN bolder
returns the premiw to a atate acceptable 11D tbe City and dwn,faae thia lwma tbe
burden on the public for cleanup coata that coald be illcuned by tbe City if liceme
holden have no incentive to perform a c:&-up al tbe 6-aed ait.e;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tiqp 1. 1be City Council of the City al Eqlewood. Colorado hereby ameada Title 5 ,
by enactinc • new Chapter 20, mtitled Special Evalta, which aball read u followa :
BECl10N:
5-20-1 : DEnNITIONS
5-20-2: LICENSE REQUlllED
5-20-3: APPLICATION FOR LICENSE
5-20-4: TERM OF SPECIAL IVBNTS LICBND
5-20-5: SPECIAL LICENSE REQUlllBIIBNTS
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5-20-1: DEFINITIONS: FOR THE PURPOSE OF TIUS CHAPl'ER, THE
FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS SHALL
HAVE THE MEANINGS GIVEN HEREIN.
SPECIAL EVENT: AN ACTMTY OR OCCURRENCE OPEN TO
THE PUBLIC FOR WIUCH AN ADMISSION
FEE MAY OR MAY NOT BE CHARGED
THAT DOES NOT OCCUR ON A REGULAR
BASIS.
5-18-1: LICENIIII: IIBQIJIIIBD: IT SHALL BE UNLAWFUL TO HOLD A SPECIAL
EVENT WITHOUT FIBST OBTAINING A LICENSE EXCEPT FOR THE
FOLLOWING:
A. REGULAR FUNCTIONS AND ACTIVITIES OF GOVERNMENTAL,
RELIGIOUS AND CHARITABLE ORGANIZATIONS
5-I0-3: APPLICA'DON POR UCENBE: THE APPLICATION FOR A SPECIAL
EVENTS LICENSE SHALL BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 5, CHAPTER 1.
5-IIM: TERM OF BPECW. EVENTS UCBNSE: THE LICENSE SHALL EXPIRE
UPON COMPLETION OF THE EVENT OR SEVEN (7) DAYS WIUCH EVER IS
SHORTER. A LICENSE SHALL NOT BE ISSUED FOR THE SAME SPECIAL
EVE..'l'ff MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.
5-18,6: SPBCW. LICBNlill: BBQUIREIIIENT8:
A. THE LICENSE HOLDER SHALL HA VE GENERAL LIABILITY INSURANCE
IN AN AMOUNT ACCEPTABLE TO THE CITY.
8 . THE LICENSE HOLDER SHALL PROVIDE A CLEAN-UP DEPOSIT IN AN
AMOUNT ACCEPTABLE TO THE CITY. THE CLEAN-UP DEPOSIT WILL
BE RETURNED IN FULL OR IN PART AFTER INSPECTION OF
PREMISES. THE LICENSE HOLDER SHALL CLEAN THE SITE WITHIN
TWENTY-FOUR CU) HOURS AFl'ER THE SPECIAL EVENT IS
COMPLETED.
S@c:tigp 2, Safety CJ1uu1 The City Council, benby fiDda, cletermiw, and
declarea tbl& thia Ordinance ia promulpted under die pneral police paws • die
City• Englewood, that it ia promulpted for die 1-lth, aafety, and welfare • die
public, and tbl& thia Ordinance ia n-,y for die pr.ervation of health and
safety and for the protection • public convenience and welfare. The City Council
further determines that the Ordinance bean a rational relation ID die proper
leswative object -,ht to be obtained.
S@c:tigp 3. Su1rabjlity If any claw, -'-· pancraph, or put • thia
OrdinaDc:e or the application t.ba9al' ID an:, .--er c:ireumatanc:ea lhall for an:,
reuon be IMijudpd by a comt • canpe«mt jariadidion invalid, IUCb judpaent
lhall not d'ec:t impair or invalidate tbe ..-.inder • thia Ordinance or ita
application to other s--a or circwutanma.
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Sec;tign • fnmnlietczat Or,linancc• All other-Ordinanc:a er portions thereof
inconsist.ent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of IIUCb incomiatA!ncy or contlict.
Sec;tiqn 5 Effect g{ ...,, qr mpdificatipp 'l'be repeal or modification of any
provision of the Code al 1be City al Englewood by this Ordinance aball not release,
emnguish, alter, modify, er c:baqe in whole or in part any penalty, forfeiture, or
liability, eitha-civil er criminal, wbicb aball haft II-. incuffed under auch
prariaiGD, and each prv.iaiaa lball be trNt.ed and held • mil rem•inin1 in force
for 1be parpcw al avst•inin1 any and all prapll' actiau, llllita, proc-'inp, and .. -·mnn• for tbe --mt altbe pmalty, bfeitme, OI' liallility, -well u fir
1be purpae al austainin1 any jallpDmt, clec:ree, er ordar wllirll can er may be
rmdered, ........ CII' made in l!ICb actiau, aaita, pracwinp, OI' .. -atiau.
Sertim 8. !malb-'l'be Pmalty Prvviaioa alE.11.C. Section 1-4-1 abaO apply to
each and e¥ery violation al this Onlinanm.
Introduced, read in full, and paued OD &rat reading OD the 17th day of March, 1997.
Publiabed u a Bill for an Ordinanm on the 20th day of March, 1997.
'11iomu J. Barna, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriabia A. Bllia, City Clerk altbe City alEnp,wood, Colanda, baeby mrtify
that the abaft and .........., ia a a. capy al a Bill far an~ introdaced,
read in full, and peaaed on tint ....... on tbe 17th day al llarc:b., 11197.
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U80LUTIO.N NO. _
--0Pll87
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A RESOLUTION AMENDING THE APPROVED 1997 BUDGET AND APPROPRIATING
MONIES FOR THE CITY OF ENGLEWOOD, COLORAOO.
WlfEREAs, the City Council of the City of Enclewood, Colorado, desires t.o make certain
additiom t.o the 1997 Annual Budpt which were not included in the ongina1 1997 Budpt u adopted on November 18, 1996;
NOW, TIIEREFoRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, THAT:
5ornon 1 . 'l1le City of En,lewood 1997 Badpt ia hereby •mended u follows:
PUBL[C I)fPRQYEMENTS f'UND·
Sonn:e of Pnndr ·
Fund Balance
llie PC FJmcta.:
Fire Sprinkler UJlll'Rde • City Hell
Beckftow Preventer • All City Baildiap
Relemp Truck S-,. · AD Fire Stetiaaa Total
ADOPTED AND .APPROVED dlia 17th day ofllarch, 1997.
ATTEST :
Loucriabia A. Ellia, City Clerk
$116,500
I, Loucriabie A. Ellia, City Clerit far the City ofl£acl-ood, Colando, benby cartify the
above ia • true copy af ._.utica No._ S... of 1187 .
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COUNCI. COMMINCATION
Mardi 17, 1997
10 a vi
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City of Eng!Nood, F"manc:ial SeNica Depaltmallt
of Public Worb
COUNCL GOAL AND PREVIOUS COUNCL ACTION
Sullject
Supplemantal apprapl illllon of Public
lmpiwiant Fund ,_ ID fund
tine 1887 pra;.cts that -submiltad
.... 111111117 -
The Council adoptad 11111997 Budget by approving Ordinance 80, Ser1el of 1988 on llnal l'Nding ~ber 18, 1998. City
Council has supported efforts to maintain and improve the City's lnfraslrudln.
RECOMMENDED ACTION
Staff ,_..Ids the City Council approwthe attached raolutlon approptiallng funds forllll following pra;.cts:
Fn Sprinlller Upglade--City Hall (Sn,500)
Bacldlow "'-ar-AII City Buildings ($20,000)
Ralamp Truck Bays--AII Fire Stattions ($24,000)
n-. projects-not included in the original 1887 Budget or Appnlpliallon documents, llut-included in the budge
document. Therefore, money has not bea1 legally appn,prilll8d to procNd wilh u.. ~ pra;.cts.
Soura pf EYD41 ·
Fund Ba1ar1m $118,500
sn,500
$20,000
12!.mm
$118,500
The City of Envi-c,d is required by City Char1ar to -that ....... do not tlllCNd legally adopt9d appropriallans .
The attached rwolullon appn,priata funds to wure lhlt 1111 City ot Envi-c,d compliN wilh legal ,_.ictlo,is ao-ning
local budgtillng. No othel' dernativw -idenlltled.
FINANCIAL IMPACT
The app,apriallons will reduce the Public I~ Fund unr..wd fund balance by $118,500.
LmT M ATTACHMENTS
PnlpoNd l'9IOlullon
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COUNCIL COlml.lNICATION
Dal9 Agendabm Subject
March 17, 1997 10 a vii Proposed Paving District No . 38
INITIATED BY STAFF SOURCE
Department of Public Works Charles Esterly, Director of Public Wo!b
COUNCL GOAL AND PREVIOUS COUNCL ACTlON
Council included these streets in various phases of the proposed 10 year Paving Plan .
RECOIIIIENDED ACTlON
Staff seeks Council consideration of a Resolution of Intent to form Paving District No. 38 .
BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFIED
Since 1956, the City has been improving its streets to meet minimum City Slandards through paving improvement
districts. During this period, some 30 distridl have been complellad, improving approximalllly 99 miles of streets
and 43 alleys.
The costs of these impovementa .. borne by boCh the adjacent property owners, through special assessments
levied for wor1t done adjacent ID their piopertiel, and the City, through monies budgellld in the PIF for street and
alley intarsec:tion wortt. incidental storm ...,. construc:tion, right-d-way acquisition, f9nce reloc:ations, etc.
At. the 1983 Budget Retreat. Council appnMd a ten-year paving district program ID bring al snels, not included
in previous distnc:ts, up ID City Slandards . PropoNd paving district ........ prwnlad lo Council • an
acc:umulation of recommendations from ...,.. -: AlqllNts from c:illzens, petitions, ~ from business
or industrial property owners. requests from Council, nwiN of sat dislricls, review of mainlll•ice problems and
costs , and physical inspections. Prior ID inclusion in the list, ..... showing signs of dislrNs ... lllls1led for
thickness of asptl8llic: concrelle and t.Nc:o1,r'N lo delllnine lhe apprap1ille action required . SlrNls not meeting
minimum City Standards were propoeed for l9COIIS1rUction and 1111 nrrent. SlrNls that were found to meet City
Standards were not proposed for paving district inclusion, but ralher, wil be included in a City overtay.....icoat
program where no assessments .. levied .
The streets proposed for inclusion in Paving District No . 38 .. ..,... that have not pnlYiously been conslNded
to minimum City Standards , and , from 1lllting results, require 1IDtal rec:onstruc:tio .
Due to delays , the 10 v .. Plan.,.. reviled in 19815; the..,... proposed for Paving District No . 38 .. now in
Year 7 of the l9Yised plan , sc:hedulad for conslruclion in 19118 . The 5 v .. Capilal ConstNc:tion Plan for 1997
included funding for Paving Dlatric:t No . 38 in yeas 1997 and 19815, wilh actual construction in 19815 . Thia
schedule allows time for the Colorado Dlpa,1rnait ofT,•iepor111tian (COOT) lo complelle the conslruc:tion ct the
Navajo truck route prior to the CDISlrUdion ct Paving District No . 38 , • many of the proposed diltrtc:t .......
contiguous wilt, that conslNCtion .
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FINANCIAL .. ACT
Paving District No. 38 is scheduled for c:onllrUdlan during._ IUIIIIIS and fall rA 11118. Funding for._ City's
portion rA ._ project. in._ amount rA app1mcinlllll) $520,000, ii budgllld In._ 1997 and 11118 PIF.
Cons1ructiDn funding for._ 11111111* parllan, In._ IIPPIIDllimala amount rA ll50,000, .. need ID be pruvidlld
by ._ City from the General Fund balanell, l9imburUbla through 111111 ••ID .. affac::lld propa1les and wa
be due wilt property ID9II in._ yea-2000, or tan• bond ..... TIie 111111 ,ait lallll .. be app1ollil1~
$950,000, which indudlS 11ip1 ..... COlililglllCila, ale., bringing the piajact lallll ID $1,470,000 .
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RESOLUTION NO. _
SERIES OF 1997
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A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF
ENGLEWOOD, COLORADO, TO CREATE PAVING DISTRICT NO. 38, ADOPl'ING
DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND DIRECTING
PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF
THE REAL PROPERTY IN THE DISTRICT.
WHEREAS, the City Council of Englewood, Colorado, baa determined that it is
necessary to create a paving district within the City for the purpoee of constructing and
installing street paving, curb, gutter, sidewalk, and storm drainqe improvements,
together with neceuary incidentals, within an undeveloped area in the City, all u aet forth
in this Resolution, and to ll88e8II the C08t of the improvements against the real property
specially benefited by the improvements and included within the cmtrict; and
WHEREAS, pursuant to the Charter of the City and Title 11, Cb.apt.er 2, of the Municipal
Code of the City, the City Council baa determined to proceed with the COOlltruction and
installation of such improvements, provided ~. that the City Council llhall consider
all protests and objecti01111 that may be made in connec:tim with the Plus-eel
improvements, befo~ ordering the c:onatructiOD and inatallatiOD thereof; and
WHEREAS, the propoeed project COlllliata of coutructinc and iDatalling street paving,
curb, gutter, sidewalk, and storm drainage improvements, tocether with necessary
incidentals, in the district; and
WHEREAS, pursuant to an order of the City Council, the Director of Public Worka baa
prepared and filed preliminary plans, apecificatiom, estimates of coat, mapa and
schedules for the propoeed improvements;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
1. The City Council baa determined there emta a ~ty for the c:outruction and
installation of street paviq, curb, ptt.er, sidewalk, and atol'm clrainap
improvements, toptber with n-.ry incidmtals, within tbe di8trict, u said
district is deecribed in the noace bseinafter • fanh. and to c:rNt.e a ,...,
district for such purpoee .
2. The Engineer's reports, toptber' with the preliminary detail&, apecificationa,
estimates of COllt, mapi and acbedulea prepared and filed with the City Clerk are
hereby approved and adopted by the City Council far -in the camtructiOD and
installation of the improvements to be made in said im~ent Diatrict.
3. The materiala to be used in the conatruc:tiOD er inatallat;ion of the propcaed
improvements are set forth in the En,ineer'1 report& and are a-erally described
in the notice hereinafter aet forth.
4. The coatl of the removal and replacement or new CClllltrudion and inatallation of
the improvements, leu that portion which ii paid by the City, aba1l be &UNNci, by
ordinance, upon all the real property within the diatrict baaed upon the benefit
conferred by the improvements upon each parcel of realty within the diatrict. H the
-ent ii not paid in full within the period of time aet forth in the -.nent
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ordinance, the amount and time of payment, and the rate and time of payment of
interest shall be determined by the City Council as aet forth in the BS8ellllment
ordinance .
5. The real property to be u-.d for the improvementl shall be the real property
specially benefited by the improvements, which property ia located within the
respective district deecribed in the notice hereinafter aet forth.
6. Notice of the public hearinr OD the cratiOD of the District shall be publiahed once a
week for three (3) weeks in the Englewood Herald, a newspaper of general
circulation in the City. In addition, a copy of such notice shall be mailed, postage
prepaid, to each known owner of real property within the propelled District.
However, such DOtice of hearing by publication and by mail u well u the hearing
itself, may be waned by asr-t of all property owners within the district.
The publiahed and mailed notice aball be in aubatantially the following form:
NOTICE
OF THE INTENTION TO CREATE A PAVING DISTRICT IN
ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT
NO. 38, FOR THE PURPOSE OF CONSTRUCl'ING AND INSTALLING
CERTAIN PUBLIC IMPROVEMENTS WITHIN THE CITY AND
PROVIDING FOR A PUBLIC HEARING THEREON.
All owners of real property hereinafter deacribed, and all .,._. pnerally, are hereby
notified that the City Council of Eapewood, Calando, punuant to ita CIWll initiative bu
adopted preliminary detaila, plw, and .,.c:i6caticm• far the caaatruction and
iutallation of street pavinc, c:urll, ,..U., ......._ and llt.ama drainap improftmmta,
topt.ber with n-.ry inciclmtala, wi1biD a i*opuwl pPDIS district within the corporate
limita of Enpewood, Colorado, to be "-8 u Pawa, Diatrict No. 38. Said penona are
further notified U follOWII:
I. DESCRIPTION OF DISTRICT AND PROPOSED DIPROVEMENTS.
(a) The i*'opoeed District aball illlldude all of the l'Nl praperty fnlltiac or
abutt;iq on the --W-the taaiDi ......... dw:rillad. iD7h di C tbe
l'Nl property within ~(112) llloc:k of ..ta.._.. ad--·
~ta for the 1.1111-.at ofCIIID will be aade for irnplar and odd-
lhaped Iota and parcela of property.
(b) The improvemmta to be -.truded or imtalled are u fallowa:
(I> N-.uy sradiJII and ucavation, withs· compacted sram baN
courae and 3" upbaltic concrete surr-, concnte walb, curt, and
cutter where not already imta1led or not ..tin, City ltaDdarda;
topther with 1.ppurtenancee and incidentala on the follCJWinc atreeta
and avenues:
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W. Radcliff Ave.
W . Stanford Ave .
W . Thomas Ave .
s . Beverly Dr.
S. Garden St.
S . Windermere St.
W. Prentice Ave.
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S . Windermere St.
S. Windermere St.
S . Windermere St.
W . Tufts Ave.
W. Tbomaa Ave.
W. Quincy Ave.
S . Windermere
To
Cul-de-sac ± 600' E . of Navajo
Cul-de-sac ±330' E. of Navajo
S. Garden St.
W. Tbomu Ave.
Cul-de-sac± 220' S. of Thomas
W. Tufts Ave .
S . Hickory Lane
(2) N-.ry ,radinc and ucavation, with 6" compacted gravel base
coune and 2" upbaltic coocrete aurface, concrete walb, curb and
cutter where DOt already imtaUecl or not meetmc City standards;
toptber with ~ and incidmta1a on me follawinc atreeta
and avenuea:
Op From To
S . Emenoo St. E . Girard Ave. E. Hampden Ave.
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(3) N-.ry p-ading and ucavation, with street concrete pavin(;
toptber with appurtenances and incidentals on tbe follawinc streeta
and avenuea:
To
W . Jeffenon Ave.
From s. Cherokee St. Alley E. of Cherokee
( c) Prior to tbe remO¥al and rea,i-t or new coaatruc:tian of the
impaovwta within tbe .. opowl diatric:t, diect.ed property __.. will be
allowed a apeciftecl time period in wbich to bave Aid impr0¥ementa removed
and replaaid or conatrw:tecl an their own initiative.
( d) The probable total coat of tbe improvements to be camtructed and inata1lecl
wit.bin tbe Diatrict ii $1,463,400.
(e) Tbe probable ~ oftbe total coat of Aid imp.ocwm wbich tbe City
lball pay ia appnmmat.ely $516,800.
(0 Tbe ~ oftbe total coat wllidl ii aot paid by tbe City will be-.
.,... tbe rNl prcipany apeci&all7 bm CW by tbe iapaoc mata.
Pavinc:
Concrete:
Probeble coa*8 per 6-t • liMar fDat fDr Aid iapaoc ta are • tbllocn:
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40' width, r beN, s-lllllilalt
30' width, r beee, s-lllllilalt
2'' width, r 11ue. s-lllllilalt
20· width, s· bue, s-upbalt
32' width, 6" bue, 2" 11111i1a1t
Monolithic curb, sutt.. • walk 6"
Monolithic curb, sutt.. • walk ,.
Vertical curl, 6 IU*" s· Concnte "V" Pan , Ft. wide
s· Concnte atr.. Pa'rias
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$5UI F.7.
S.0.71F.7.
$32.IOF.F.
$27 .00F.F .
$32.IOF.F .
$33.00F.F.
$30 .00F.7.
$1UIF.7. auor,. m.oor,.
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No 888ell8menta will be made for c:urbll, gutters, and Bidewalb in place which
conform with the plans and spec:ificatiom for the propoeed improvements and
which are acceptable to the City.
Property owners are specifically referred to the ecbedule of pl'OJ)Olled
asaeumenta which will be on file in the Office of the Director of Public
Works, &om which the approximate amount to be BUNaed against any
particular lot or parcel of property may be determined.
( g) The coats of the removal and replacement or new conatrudion and
inatallation of the improvementa, 1-that portioa which ia paid by the City,
aball be ---by ordinance upon all the real property within the district
baaed upoa the benefit comerred by the imprcwmleDta upon each parcel of
realty within the district. If the ua JINllt ia not paid in full within the
period of time aet forth in the •-•-t ordinance, the amount and time of
payment, and the rate and time of payment of int.ereat aball be determined by
the City Council u aet forth in the -t ordinance.
II. THE HEARING ON THE CREATION OF THE DISTRICI'.
(a) A hearing on the creation of the district will be beld by the City Council oa April
21, 1997, at 7:30 P.M., in the Council Cb.amben, City Hall 3400 South Elati Street,
Englewood, Colorado.
(b) Any persoa desiring to be beard upoa the iaRe aftbe creatioa aft.be diatrict or
upon the conatruction and inatallatiOll of the improvemmta involYed, may appear
at the time and place aet for the public bearing thereon for that purpme.
7. A copy of the notice which will be publiabed aball a1.ao be mailed, poacap prepaid, to
each mown owner of real property to be included within the propoaed diatrict,
uni-auch mailing ia wamcl by a,reement of all property ow-. within the
propmed Diatric:t.
8. There aball be pnpared an ardinaace which createa within the corparatie limita of
the City, a pPinc cliatriet t.o be deaip,tied u PaYinf Diatrict No. 38; and which
proYidea for the coaatnactiall and imtaHatioD of the implo, mta, all u deacribed
in thia Reaoluticm, and in ~ with the prelimiaary report, plam, mape,
specificatioaa, detaila and aatimataa of coata of the Eap_., herein reCernd to and
now oa file in the office of the Dinc:t.ar of Public Worb. It ia anticipat.ed that the
ordinance will be CODaidered for paaaap oa fint readia, by the City Council at a
re,u1ar meean, thereof to be held oa llay 5, 1997.
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9. Should any one or more NC:tiOD11, paragrapha, clauaes, or proviaiOD.1 of this
Resolution be judicially determined invalid or unenforceable, such determination
shall not affect, impair or invalidate the remainin, provisions hereof, the
intention being that the various proviaiona hereof are NYerable.
ADOPl'ED AND APPROVED this 17th day of March, 1997.
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk far the City of Bap,wood, Colorado, hereby certify the
above ia a true copy of Relolution No.__, Series al 1997.
Publiah in : Enpewoocl Herald
Pubtillbed CID llarda 'J:I, 1997 and April 3, 1997, aad April 10, 1997.
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COUNCIL COMMUNICATION
DATE: March 17, 1997 AGENDA ITEM SUBJECT: Enterprise Zone
10 a viH Marketing Contract
INfflA TED BY: Department of Neighbor-STAFF SOURCE: Arthur Scibelli, Business
hood and Business Development Community Coordinator
COUNCIL GOAL AND PllEVIQUS COUNCIL ACTION;
City Council has approved previous gram-in-aid applications/inlergovcrnmemal agreements
with the Department of Local Affairs on Enterprise Zone marketing and administrative support
funds.
RECOMMENDED ACTION;
Staff recommends City Council approve the 1997 contract/int.ergovcrnmemal agreement with
the Colorado Dcpartmem of Local Affairs so as to receive $7,000 in Enterprise Zone Market-
ing and Administrative Support funds.
BACK.GROUND, ANALYSIS, AND ALJEBNATIVU IDENTIFIED;
In 1990, the City of Englewood applied to the Colorado Dcpanmeot of Local Affairs, and was
granacd, Enlcrprise Zone stablS for a majority of the industrially mned property in F.nglewood .
Some retail property is also included in this zone. (See aaacbed map).
The Dcpanment of Local Affairs has a competitive grant-in-aid program for Emeq,rise Zone
marketing and administrative support . This is the second year Neighborhood and Business
Development has applied for and received this gram. It requires a 100% local march. The
1996 gram totaled $7,000. Fiscal year 1997's successful gram also tows $7,000. Marching
funds were anticipated and arc available in the NBD 1997 Budget.
FINANCIAL IMPACT;
Last year's $7,000 gram helped offset the cost of the Community Profile, which features the
Emerprise Zone . This year's funding will provide $5,250 for Business Rctemion orienrcd
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
, AIIIU.Jaa
/D tL VII I
comtCILBILLIIO. • ~-,.ooa-w-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE ENTERPRISE ZONE MARKETING CONTRAcr,
BETWEEN THE COLOBADO DEPARTIIENT OF LOCAL AFFAIRS, ECONOMIC
DEVELOPMENT COIOIISSION ("E.D.c.•> AND THE CITY OF ENGLEWOOD.
WHEREAS, the City rAEopwood applied to the Co&ando Deputment rA1-l
Afrain ud WU 8'11Jlted EnterpriN Zoae lta&aa far a au,iority fA the iDdaatriallJ
zoned property ud -retail property ill 1990; ud
WHEREAS, the Department rA Local Mrain baa a cmapetitmt p,mt-iD prclll'Ul
for Eoterprue 7.one marbtiDg ud whniniwh'atiwe aapport; ud
WHEREAS, the City bu applied far ud recemd dm p-ant fur two yean; and
WHEREAS, IIUCh Grant requirea a lOOI, local mat.ch; and
WHEREAS, the 1996 Bmmpiae Zoae Grmt t.ataled $7,000 which belpecl olfaet the
C09t rA the Community Profilea; ud
WHEREAS, the 1997 Bmmpiae Zoae Grmt mo 1ilalll $7,000 rAwbicb '5,250 will au
t.owarda Buinw .W-tioll; orimted ...... ood. pr'CMDOticm•I ada in the Denffl'
Buinw .Joumal and other metro -puNic:etion1; with an addition $1,760 applied
to administnti,refc:Jerical related ·---~ated with the Enterpriae Zoae
Aclmi11i1tration;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY'
OF ENGLEWOOD, COLOBADO, AS FOLLOWS:
Sertim 1 The ~tal Ap I mt batw the Colando l>aputawat fA
Local Afwn, 8-ic l>aftlopmmt 0-ewim and the City rA ....__.,
al:tacbad bento -"Emillit A.. ii benbJ accaptad ud applvted by the ......... City
Cowtcil.
Introduced, read in full, ud puaed an lint readiq an the 17th day m March, 1997.
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Publilbed u a Bill for an Ordinance on the 20th clay of March, 1997.
Tbomu J. Burna, lla:,or
ATTEST :
Loucriabia A. Ellia, City Clerk
I, Loucrilbia A. Ellia, City Clerk al the City al Eapwood, Colorado, benby catify
that the abOYe and farepinc ia a true c:opy al a Bill far an Orclinance, iDtnduced,
read ill full, and puaed Oil fint readiDc CID the 17th clay al llarc:h, 1997.
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EDC~
CONTRACT IIOUTING _,.
CONTRACT
THIS Contract. made this __ day of __ 19.R. by and between the State of Colorado fer the
use and benefit of the Department of Local Affairs . Economic Development Commission ("E.D .C ."), 1313
Shermal Street. Denver. Colorado 80203 . hereinafter referred to as the State. and Cjty of Engfewpod 3400
So Etati St Engfewpod CO 80110 hereinafter referred to as the Contractor
WHEREAS , authority exiSts III the Law and Funds have been budgeted . appropnated and otherwise
made available and a sufficient unencumoered balance thereof remains available for payment in Fund No.
~ Approp. Code .fil_. Org . Unt1 ..EW... GBL . Contract Encumb. No. E7EDC321 and
WHEREAS . required approval . clearance and coordination has been accomplished from and With
appropriate agencies : and
WHEREAS . the State desires to promote economic development in Colorado by assisting local
communities in expanding their economic: base . and
WHEREAS , pursuant to 2~101 ID 105 . C .R.S . 1987, the Colorado Economic Development Fund
is created, and is to be administered by the Oepanment of Local Affairs; and
WHEREAS . applications for distribulians frcm the Colorado Economic Development Fund have been
received by the Economic Development Commission: and
WHEREAS . the E:onomic Development Commission has reviewed and recommended to the
Governor that the project described 111 1h15 contract be financed wiltl a grant: and
WHEREAS . the Governor llal authorized expenditure of money from the Economic Development
Fund to finance the project described in this cantract: and
WHEREAS , the Contrac!Or ii an eligible l9Cipient of Colorado Economic Development funds :
NOW THEREFORE it is hereby agr9ed that
1 . Area cove[ed . The Connctor sna1 perform and accomplish a11 the necessary wor1( anc1
services provided under this Contract. as descnbed 111 the attached Exhibit A. which IS incorporared herein
arid made part of this Contract by reference. in connection with and respecting the following area or areas:
Arapahoe County
2. Scope of Scry,ces In conSlderatlOn for the monies to be received from the State. the
Contractor shall do, perform, and carry out III a satisfactory arid proper manner, as detefmtned by the State.
all work elements as indicated 1n the "S<:ocle of Ser.,ices". set forth in the Attached Exhibit A, hereinafter
referred to as the "ProJect". Work performed pnor to the execution of this Comract shall not be considered
part of this Project .
3. Respons1blt Adm,a,strator The performance of the services required hereunder shall be
under the direct supervision of An Sgbfll1 an emple yee or agent of Contractor. who 11 hereby designated
as tne administrator-in-charge of this Pro,eci At any ,me the adm1ni1trator-1n-charge II not assigned to this
Pro,ect. all work shall be suspenoed u,1111 the Ccf"•ractor assigns a mutually accei,tal>le replacement
adm1mstra1or-1n-charge ano the State rece,vfl 1ctl'·:at10n of sucn replacement ass,gnment
Page 1 of 7 Pages
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4 . T ime of Performance Th ,s C::ntract shall :ecome effecti ve uoon proper execuuon of this
Contract. The Pro,ect contemplated nerein shall c ommence as soon as practicable after the execullOn of th 1 s
Contract and shall be undertaken and performed in the sequence set fortn ,n Ille "Time of Performance· in
the attached Exhibit A. No Economic Development Com1111ssion Funds provided under this contract will be
expended prior to the full execubon of this contract. The Contractor agrees that time is of the essence ,n the
performance of its obligations under this Contract. and that completion of the Pro1ect shall occur no later than
the temunation date set fortn 1n the "Time of Performance."
5. Compensation and Method of Payment. The State agrees 10 pay to the Contrac:or. ,n
conSlderation for the work and services to be performed . a total amount not to exceed SE'IEN THOUSAND
AND N0/100 DOLLARS tS7 000) The metnod and time of payment shall be made in accordance w1t11 the
"Payment Sclledule" set fortn ,n Exh1b1t A
6 . AccoynJIOq . At au !Imes from the effectJve date of this Contract until completion oi this
Proiect the Contractor shall maintain property segregated books of State funds. matching funds . and other
funds associated with this Project. All receipts and expenditures associated with said ProJect shall be
documented in a detailed and specific manner . and shall accord with the "Budget" set forth in Exh1b1t A .
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (1 0%) must be
authorized by the State in an amendment to this Contract property executed and approved pursuant to the
Slate Fiscal Rules. In no event shall the State's total cons1dera11on exceed the amount snown in ?aragrapn
5 above.
a . Unless otherwise provoOed ,n this Contract ,f Exh1b11 A prov,oes for more tnan one pay ment
by the State . the 1mt1a1 payment set fonn 1n the Payment Scheoule s h all be mace as seen
as practicable after proper execunon of this Contract. The Contractor snail inmate all
subsequent payment requests by submitting documented proof of proper expenditure of
State funds thus far received to a contract monitor designated by the State.
b . The Contractor shall n,quest the lillal payment. which is the amount withheld by the State
until the Project is complete. for the Project by submitting to the contract monitor a detailed
cost accounting of al Stale funds received and expended towards completion of lhe Project.
Upon determining to its satisfacllon lhat all funds received by the Contractor have been
property spent towards accomplishment of the Project. the State shall promptly make final
payment to the Contractor.
c . Within ninety (90) days of complenon of tile Pro,ect. the Contractor shaU submit to the
contract monitor a detailed cost accounong of expenditures of the final payment receJVed
from the State. Any State funds not expended 1n connection with the Proiect shall be
remtted to the State at that time .
7. Audi!-The State or its aulhonzed representative shall have the nght to 111s;,ect. examne . and
audit Contractor's records . books and accounts. 1nciuding the right to hire an independent Certified Public
Accountant of the State's choosing and at the State's expense to do so . Such d iscretionary audit may be
called for at any time and fo r any reason from the effecuve date of this Contrac: until fi ve ( 5 ) yea rs after the
date final payment for this P roJect ,s rece1veo by the Co ntrac:::r. provided that the auc1t ,s peiiormed at a ume
convenient to the Contractor and dunng regular business hours Whether or not rne State cads for a
d1scretJOnary audit as prov,oed for ,n this paragrapn ,f rhe Pro,ect ,s accomphs h ea w 1th1n a single fi scal year
of the Contractor. the Cont ractor snail at tne c onc !us1on of the P roJect . and ,n aao1t 1on to an y otne r recons
required . submit a repon ana aud,tor's statement of the Project account to the Economic Development
Ccmmssion 1n the Department of Local Affairs. Sue:, repon shall be~ in con1unctJOn With ConnclCf's
regular yearly audit. and must be submltled within SIX (6) montns after the close of the ttien current
Contractor's fiscal year.
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8. Personnel. The Contrac:cr represents that he has . er will secure at his own expense. unless
otherwise stated in Exhibit A . all personnel . as employees of the ContraclCr, necessary to perform the work
and services required to be perfo~ by the Contractor under this Contract. Such personnel may net be
employees of er have any ccntrac:ual retahcnsh1p with the State and no such personnel are eligible fer anv
employee benefits. unemployment comcensat1cn er any otner benefits ac::orded to state employees and
Contractor agrees to :ndemnify the stare for any costs for wnich the stare may be found liable ,n these
regards. Contrac:or shall pay when o;.ie all reQu1red emptcyment taxes ana ,ncome tax w1thhclding . All of
the services required hereunder .v,11 oe pe,tcrmed oy the Contrac:cr er under his supervision and all
personnel engaged ,n the work sna11 ce fully quahfie,j anc shall oe autnorized under Stare and local law to
perform such services .
9 . Workmen's Compensapon Coverage . The Contractor is responsible tor providing Wcrkmen ·s
Compensation Coverage and UnemplOyment Compensanon Coverage fer all of its employees to the extent
required by law, and fer providing sue:, coverage fer themselves. and fer providing such coverage er requinng
its subcontractors to prov;de such coverage for the subcontractor's employees . In no case 1s the Stare
~nsible fer providing Wonunen·s Compensanon Coverage for any employees or subcontractors of
Caltr.aclcr PUISUant to this Agreement
10 Termipapcn of Ccntrac: 'er C;nven,c!'lce cf Eitt)er :i3rr1 E ither :he Stare or the Contrac:cr may
terminate this Contract at any :ime the ;:any ae1erm1nes t hat the purpose of the Conrrac: would no longer ::e
served by completion of the Proiec:. The pany deSlnng to terminate the Contract shall effect such termnanc n
by gtving wntten notice of terminaoon tc the acner party and spec.'fying the effec:lve date thereof. at least thirt'/
(30) days prior thereto. In that event. al finished or unfinished documents and other matenals shall . at the
option of the State, become its propeny . Ccntrac:cr shall repay funds advanced and not expended in
ac::ordance with the terms of th11 canaac:. Canlrac::cl' snal net be relieved of any obligations to repay funds
advanced as a loan, notwithstanding any lllffllnalion of the contract fer convenience.
11 . Iennioation ot conuc; f9c ewe· B1P1Y'"l0l ot Agyanc;eg Funds
a. If, through any cause. lhe Conirac:cr shail fail to fulfill in a timely and proper manner its
obligations under this Contrac:. or if the Contractor shall violate any of the c:,,.,enants. agreements, or
stipulations of this Contrac:. the State snd the,e,.icon have :he ngnt to tem,rnate this ContraC: tor cause by
giving written notice to the Contraacr of IUdl termrnaaon anc specrty1ng the effec:Jve date thereof. at least
live (5) days before the effec:Jve da of sue:, llfflW\allOn. In that event all finished or unfinished aocuments.
daQ. studies. surveys. dlawtngs. naps. madlll. ~-media contrac:s and reports or other material
prapaAKI by the Contractcr under tt. connc: lhal. a lhe OD1ion of the Slale. become its property; and the
Con1radDr shall be entitled to l1IC8M JUII and equitaCle ~sation fer any satisfactory wor1< completed
on such documents and other ,,,..,,..,
b . Notwittlstana1ng the above. the Cantrac:or snail not be relieved of !iabllity to the State for any
damages sustained by the State by vir.ue of any breac:i of the Contract by tt,e Contractor. and the State may
withhold any payment to the Comrac:or for :ne purccse of setoff unul suc:i time as the exac: amount oi
damages due to the State from the Contrac:cr 1s ae1em,1neo
c . If tunes have been aavanceo to the Conrrac:or. Conrrac:or snail repay such tunes re the
extent they are not expendeo in ac::::rcance With the terms of this contrac: at the time of term1nanon .
12. Qiaoga. The State may , frcm nme !o nme . raqun changes in the scope of services of the Contract
to be performed hereunder. However. this Connet ii intended as the complete integration of all
understandings between the partJeS at :his bme. and no pnar or con18ffll)Onaneous addition, deletion. or other
amendment henltc. including any inc:use or decr9aM in !tie amount of monies to be paid to the Contrac:tor.
shall have any force or eff9c: whatsoever unleSs embocied 1n a wntten contract amendment 1ncorporabng
sud'I cnanges executed and aoprovea pursuant to the State's Fiscal Rules . Notwithstanding thrs provislen .
chqes in the tme of performance may be agreea to cy letter if so provrced for 1n Exhrbtt A. ana ccnrrac:or
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may make adjus1ments of less than 1 O percent 1n budget line items as provided for 1n section 6 of this
Contract.
13. ~-At least two (2 l coo1es of all repons prepared as a result of the Pro1ect will be subminea
to the Economic Development Ccmm,ss,on ,11 tne Department of Local Affairs w,tn,n two (2 ) weeks of
completion of such reports .
14. conflict of interest
a. No employee of the Contractor shall perform or provide part-time services for compensaoon .
monetary or othenvise. to a consultant or consultant firm that has been retained by the
Contractor under the aulhonly of this Contract
b . The Contractor agrees that no person at any time exercismg any function or responsibility.
in connection With ll'le etements of thlS proJect that are financed with State funds. on behalf
of the Contrac:or shall have or ~uire any personal financial or economic interest. direct er
indirect. which wdl be matenally affected by thlS Contract except to the extent that he may
recetve compensation for hlS performance pursuant to this Contract.
c. A personal financ:al or economc: interest indudes. but is not limited to:
any business entity in which the person has a direct or indirect monetary interest:
ii. any real property in which the person has a direct or indirect monetary interest:
iii . any source of income. loans. or gifts received by or promised to the person w1th1n
twelve (12) months pnor to the execution date of this Contract:
iv . any business enuty 1n whlCh the person is a directer. officer. general or limited
partner. trustee. employee. or holds any position of management
For purposes of this snbMdion. indirect investment or interest muns any investment or
interest owned by lhe spouse, parent. brother, sislilr, son. daughter. falher-in-law.
molher'-ffl-law , brolher-in4w. sislllr-in-law, son-in-IN, or daughter-in-law of the person by
an agent on his/her behalf. by a general. limited. or lilent panner of the person. by any
business entity controlled by said person. or by a trust in which he/she has substantial
mnst. A business entity is c:ontrcled by a person illhat penon, his/her agent. or a relative
as defined above possesses more than fifty percent (50%) of the ownership interest. Said
person has a substantial economic interest 1n a trust when the person or an abovMefined
relative has a present or future interest worth more than One Thousand Dollars (S 1. 000.00).
d . In the event a conflict of interest. as descnbed in this Paragraph 14 , cannot be avoided
without frustrabng the purposes of this Contract. the person involved 1n such a conflict of
interest shall submit to the Contractor and the State a luU disclosure statement setting forth
the details of such conflict of interest In cases of extreme and unacceptable conflicts of
interest. as determined by the State, the State reserves the nght to tem11nate the Contrac:
for cause . as provided in Paragraph 11 above. Failure to ftle a disclosure statement reqund
by this Paragracn ,, shall consbtule grounds for temw,ation of tn1s Contract for cause by the
State.
15. Cqnptjan<;e 'ffllh Appncac!C Laws At all times dunng the performance of this Contract. the Contrac::or
shall strictly adhere to all apphcacle f ederal and Slate Jaws that have been or may hereafter be established
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16. Subcontracts . Copies of any and au sullc:Ontrac:s entered ,nto by the Contractor to accomplish this
Project wdl be submitted to the Oepanment of Local Affairs upon execution . Any and all contracts entered
into by the Contractor shall comply Wlll1 all appllcable federal and Colorado state laws and shall be governed
by the laws of the State of Colorado notwrtnstanding provisions theretn to the contrary .
17 Seve@bdity To the extent that this Contract may be executed and performance of the obligations
of the parties may be accomplished W11111n the mtent of the Contract. the terms of this Contract a re severable .
and should any term or provision hereof be declared invalid or become inoperaave for any reason . such
invalidity or failure shaU not affect the validl!y of any other term or prov1S10n hereof. The waiver of an y breach
of a term hereof shall not be construed as waiver of any other term.
18. Bindjng on Successors . Except as herein otherwise provided. this agreement shall inure to the
benefit of and be binding upon the partieS. or any sullc:Ontractors hereto. and lhetr respecbVe successors and
assigns .
19. Assjgnment . Neither party. nor any subccntractcrs heretc. may assign its nghts or duties under this
Contract without the pnor wntten consent of the other party .
20. Ljmjtatjon to Particylar Funds . The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting
for the servtees provided for herein. and therefore. the Contractor expressly understands and agrees that all
,ts rights. demands and claims to compensallOn arising under this Contract are contingent upon receipt of
suet, funds by the State. In the event tnat suc.'1 funds or any part thereof are not received by the State , the
State may immediately terminate tnis Contract
21. Minority Bysjness EoWPriH PNTriPllioo It is the policy of the State of Colorado that minority
business entarprises shall have the muinun pradicable opportunity to par1ic:ipate in the performance of its
cons1l'Udion grant cantracts. The COl1lraCIIDr agrNS ID use its best elb1s ID cany out this policy to the fullest
extent prat1icable and COi llilllll It wilt! b efllcin perb I I W IC& of this Contract As used in this Contract, the
term "minority business entllrpriN" ..._ a bulinesl, at least !50 percent (50%) of which is owned by
minority group members or, in the cased publicly owned businesses. at least 51 percent (51%) of the stock
of which is owned by minority group members. For the purJ)OMS of this definition. minority group members
are Negroes or Blade Americanl, Spanish-tpeakin Americans, Asian Americans. American Indians.
American Eskimos and American Aleuls. The Contractor may rely on written representations by bidders.
c:ontractors. and subcontradDrl l9gal'ding tneir status as mmonty enterprises and need not conduct an
indepet Iden! investigation
22. PIIPII' BeteeiombiP -~ Wlltl respect ID its '1duciary obligabons ID the State set forth in Exhibit
A. !l'le Contractor shall not be dNmld an employee or agent at the si.. No agent or employee of
Contractor shall be or shall be dNmed to be an employN or agent of the Slate . other than for purposes of
compliance with the fiduciary obligallons ID the State 1n Exhibit A . Contractor will be solely and en11re1y
responsible for its acts and the acts of its agents . emplOyNS and subcontractors dunng the performance of
ttus contract.
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SPECIAL PROVISIONS
CO'.\'TROL!.ER'S APl'ROV AL
I. This caim=: shall noi llt ~ Ylliid Ulllil 11111111 haft _ _...11:1· me C.-oilcr oflhe S-of Colar.lllD or sudl -a be~ ......... Tius IIO'ISIOfl
i; -ic:DlC tD ~ COlllr.lC IIIYOivffll thr ~ Of rnaner ~ mt Sc:lc.
:. Fi~c:.d ooti;~IIOrb of rnc ~t:ti: uf Color:wo p;,, :bk :t\C' :nr .;~~: fi~ ~ ..::u :m.: -,nunpnr ""''" nmw. :-..,, th:11 ~ he1nJ :mpropnacd. bud;1.-~
aa ~' asc: m= :n·:ul=lc.
IOSD REQL'IR[:W[:-IT
;. If uus :on= involves Ille pavmcn1 of,_,, llml fifr), -dollln for 1111 -..aiOIL ==-. ,..... IIIIIIIICIIIIIC or iffl!l!Ovcmcm of my buildin&.
noaa. bric,p. •IIIIIIC:. lllnllCt. oxcovmon or Olllcr pualic -:er :llis Sea. :ae _. sllalL ildn Clllallll """" Ille pcrianlllDcc of~-sud! -inci-
in 11111 con=. cluli· .,.....,. .1lld dcli,,cr to Ille S-gfflciaj -will ""' 1111 -. a pod ad sadllacm -or -~c ~· ID ba .,...,_ ~
sad o1flcaj ill O palli UII IIOl ias --...If oilllc--~ ii!<' 1111-ofdlil-. 5m ilalld llllalJ ilc cluJy CICIClllld by O qualiflld ~ IIUlc,\'
=ndiuoncd-, mc ~ pcnan11111CC ofllll ::a,ax: ad ia >llltirm. sillll ;in,,,,cll :Ila ifllle CD1111X111r or 1111 wwwmxw.s mil to duly 118!' 1or ~ laor. _..a.
w=n nft.-. """'isiom. _or_SIIIIPiios _or=--11:1-sud! -or bis............,, m pon'annaQ oillle-=-ro nc ..onc.
, .. l>ils 10 IJO)· ~· pc,son wno SIID!>iics rcn<:I -·· 100U,. or=-in :lie ptONCIIIQI oflllc -Ille SUffl!' will~ Ille..,,. in on amoun, llOI :,;c::,jinv ::,;
11a1 '41C<iiic,i in die bond. !Opllr w,a, ,......, "'"'"""" OI Cllftl ,or:= DII' >IIIIUIII. Unless Slldl oond II CIC:IIIIOll. dliinrm -tilCII. no=-iailvor oi111t =nu-..::or
......., ...,sum i::IIIGXl sllail be :wililCd. allo-orpacl. 4 =•or a=snrs :lle:I: or• Ila!>;-·-~·-row T<=Sllllr oillle Sia1< oiCo,g,:co m:,,·
ht :c:::i:;:nca in 1icu Of a oond. Thrs provmon IS 1n compuac: WIGI as lS.lb-lOD .
l'.\D[)I' IFICA TIOI"
~ To w ::n::i: 0111non= ~ '""· the ;onr..aor <nai l ,nc....,.,,/1 . sac and ilold hamucss <lie s-. ,is =iorees..,.; lp!IIS. :ip,nsr ~· 111C al l a:=.1.
ci=la,u. :1::i1i 1ry ~u coun :1"·:m ,nc:waint .:osu. =a,c:isc. :nc ~· :ea 111CW'ftd a : :eswt ,3( 211y x: ;,r ,>m1.s.uon ~ ~ :::mcx:or.
D1SCRl)ll'.\'4Tl0!< A:-ID AfflUUTl\'E ACTION
! The =:fflr"'-=cr :p:s to com:oiv WlUI me lcm:r aa iDtrn :i :nc CJ10r.1AO .\nlid.iscnminmion .~c: oi 1957. a :amcnaea. llld o1i1c: ~iic.:oac I~ moc=:ni
disc,m,nouon ;no :mwr :mo1oymcm ;,r-..:.1a:s I~ :.;.;~:. ::nc :.s :=wmi ~-E.u:uu .. Or=. :qllOI O;,i,onw111y -Al!ir.=11"• Ac:ior:. =c: ~on ! . :.
197:. /Jurnuun :hcTto me f oiJo, .. ,,,, pr,rrulll#V lltllil :Jtl :DllfPIII:' :11 ~ Sl.:t, t:""'1'0CU or n,i,,.cOlfm:::S.
Dunn; :.nc :,c::Ot'fflilllc: 01 :.n1, .:ontr'"..::.. the .;omrx:or :pas, :s :oiM.l\\s:
1:1 '!itr .;:,nt~c:or will no 1 jis::-1m1none .11:i1nu ~, ::":"::,,.,~n .,:-:;:,niu;::ni rnr t.:mn,o y mffll !K:aus~ .. u ~c: . .:rrcu . .;nh,r . .1 :n 1un11 nrqpn . ,c~.
m;r1:.:u 5~ ~1i~ron..mc:sU:,. rnc:1~1 ur on, .. ,~ ?i.awac:. :,r :;:. 1111.· ::nun-:1,.,r will t:U.c .uri~ ..cwn rri 1111UrT ~ .mftu~ Jff ~-cc. .me ::::
emnhwe:s n :r:2icu aunn; ::noao~mcnL w1U10W l'l'"",.;n: :..,, :..<ic ..Du""' nw..'!'ltk11tccJ :h..u':lc.l:n w;s ,ur..n ~""' s:~f ,UQIIIIC . M nut DC tUTutee :.o &nc toilo••n;:
c111D11J yrnc:. ~ftl. IJCfflOuon. ,Jr :r:nsrcr. rc:""O:ICfflcf'.l Jr :"::".uuncm ;&a\·cnwnJ. :a,,·-otli "'' tlfflllftlUOftl: :an of ~ or 1*IC: lOfflll o, ~: r.:.:
K1c:::1Jn :~r ~1n1n;. 1ncJuG1n1 20ore:1u::.-sh10 . Tnc :onu-.::r Jf1'll'S :o DOil ,n co1111ncuous ;,1aca. naai=sc :o c:mu->~ ac aroau:au :in" m11no~-mr.:L
nouc:s :o :,e prov1uca b~ I.he con~..c:1n1 orficr. scum; rant :IOWIIIDIII .,, :ms ~ .:ta&
l b l 7hc ;ontr:.:or wi ll. ,n all solk:::uons or-CIUSCIIIOII :'or 11111110~ plll:ed i,,-or on llenalfoi:llt :omrxror. sme 11111 all qualilioll a,oiic:ma ·.wl
~vc ::ms~ rOr effif11oymcn: w1dloul ri;sa t0 :=:. ~ ::,1or. :sauonai on11n. ICL mamai aaas. rciipon. ~·. JllmlQj or ~cal :iaDU ic.:;.
or~.
10 1 ibc :oninc:or wdl ,end 10 cac:, labor IIDIOII or~ of warl.as wllll wl11dl lie Ila a :ollcc:IW llalpmmc .-,.r or_. ::oeir=c: •
r.moc:r.aa,jn;_ rlOIICC to DC ~v1Qer! by UIC comncmi ol!icr. aa.111111 tllc I ... -IOII Of WCIIUII' la;& M we Of mt COlllnlaDl'"S COIIIIIUllllll'll UIIGC' UII'
E.\c::,:u .. Onie:. E1!U21 011P<>nun11y anci Atnnnau.. ·-.-1 Allri l 16. 1915 . aus ofmc '1lia. ,...i-. .-t ..is.• Oran oflllc Oo,,cmor.
td l 7hc ::mcrx~r ~d 1.aoor umons ..... u rianush ~I 1111ormaaoa aa rnons rauared ~ £.,c-.:1m·c Oras. ~ °"°"8ft1~· ad "fflnuuvc "cuon llf .\on i
I b. ? a•!. 1nd b~ "c "\Jin. rl:;uJ.11ion, ;anJ (Jrcacn at Ult Vll\"CfflOI'. or j'J utllmll 1bcrClO. aid will p11m111 :c:aa lo his boots. ra:onas. aa x.:ounu ~ ~
..:n nir...;:in; JIC"C:· :mu lhc ortic; or' u.: Gowcmor llr nrs as1;MC :or Plll"f'IJIII of 1avt."llt pion lO acenaaa c:anq11iallcr w 1U1 suc:t 111lcs. rqu~s ;ana onart
te l ~ :-. or;,n,z:uon wil l no, ._..d_ "'!' 111Givlduai .,.,__ aialillal timl • _,,.,.,p npa III lllcil llllar ~ or cucl...,, slldl IIIClivlOUai"""'
111C1N1Cn1UD 1n sucn llll!Or orpniz:iaon or dlscnnma ~ :II'! oiia-, • 1111 full ~of-~--=-oi r.i=.-. :olor. sex...,...
on;m.or~·.
(I') A taaor orpn.-. or t11c ~ or --f will 1111 aid. Ille. illcia. _. or -:Ill dDaC ~ »I'! Kl dlfimd ill IIUs -ID !It
diKnmUIIIOfl' or IIOIUIICt or in-»I'! ..-flml ~ Wlil lllt pnlViliom of mis -or »I'! -..,.. ~ or --direcly
or ,aoir=ly. to c:ommu ""l' xi dained 11111111-= ro llt auc:,a;·---"'
-··"(-'Ill a.n...,..,, -~·-·-=
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t;) In the event of the contrac1or's non°'ronpli.:anc\:' "i1h Ilk: 11,,n-J1,..:rin11ftlllion ..:lausc .. fthis cuntrxt or with :anv c;ui.:h ruh.:~. rei?ul ouinn'.'i . ,,r 11r,h:r,. m , ..
i:untract m.ay he 1.:ancctcd. tcrmin;uccJ or ,u~pt.:11UcJ 111 ._.,1,,,1c ,,r 1n p,an and thl.'. ,un1r:1c1nr mar be dcclan:J ·inctiJ1bh.: for IUuhcr S1au: ..:ontrai.::, u
al.'.1.:urdancc ,vith procedures . au1hon1.ccJ in I· ,-.:1:1111, c t h,ln I .,uat t•rror1uni1~ :md .-\llinn:uh·c A.,;t1nn ,,1;\pnl I h . 1'17 5. and th..: ruk". n:~ul ;11u•11, •• ,
,trdc" 11rnmul1atcd in .M:cord:ancc there\, 11h .• anJ ""'h ,,1h,:r ..... , .. ,"'"' -'" nta~ ..._. 1mrn"'c~I .uuJ rcmc.·dics .as rua~ t-.: ,e,,lcd .&> '"''' ,J..:~I in l ::i1ccu11,..: t tr,1,.:r
l:14u..al Opf'l11rtun11r and 1\llirm.111n: .\..:turn ,•I \1•111 i •• I·•·~ ,,, ,,, ru1.;,. rc~ul.atmn, ,,, ,,,J,:rs pru111ul~ah:J 111 .u:1.,,ubn" the.:ri:wilh . u, ,h ,,1111..-1\\L.'
rrunJt:U by law
(h) Ilk: i:,mtr.Klor will ini.;ludc lhe.: rruv1:.iu11,. 111 J'-"J;:r.q,ti.. ,.u lhht11fh lhl 1n .:,·c~ !>Uh·~unuo11.:1 .and )ubt.:,,nt•ur 11un..J1.asr 1'lfdcr unh:.,a cxi:mpte.:J h~ 1111';,.
l'l:;_ulauons. \N' \Jrdcn issued pursuam 10 L;.,.:i.:utne.: ttr.kr. l·14U I tppl"1Ullll~· illld Allirmativ.; Ai.;uon of Apnl 1ft. IY7 ~. w 1ml SUt;h prova,KHts \\ih.: hmJm:;
upon ..:ach sutk:onmactor or vendor. 11..: 1.:nntraau, ••If lat: ~h .aa.:lklfl ,uth n:spcct 10 any sub....:on1N11n1 or purchase unkr as the ~nuac:uns aie.:ni:~ m;a~
din:i.:t. as .i rncans of enforcing such provision,. e,-;IIIJ•n, ~uoth Inf nu11~i1111C1:: provided. however. that in die CTC'llt dlc•m1c:1or hl:cum..:, 111,1•he.:J
in. or is llln::ucncd wi1h. litic:uion wnh 1hc sull.:u111ra.:1u, "' ,C'Nlw as I rault of such direction by lhe' con1rac1in1 qcncy. the contrac1or m;.i~· ri:14u..:,1 th..:
Slate of Colorado 10 enter into such liti111ion ,., ,wu1cct 1hc 1Mctt!\I of the S&a1c of Colorado.
COLORADO L\IOR PREFERE.'ICE
6a. Provisions ofCRS 1-17-101 A. 102 locpn:ti:n:nc.: ,,t <.",*tr.Illa•,,.., a.: .,.iclb6c to this cnntract if public: °"ffil •·ilhin 1hc Stac :we undcn:aii.:t:n hl::r..:un.J..:r .11h1 .111.
linanccd in whuk or in pan by Slale funds .
h. \\'h.:n .a~ ~tnct for :a pubht.: pru"'-.;t 111 1,, he ••.w.k'd &.• .a ....W.:r. a rnkknt bidder ,Judi be alh.1\\·cd .a pn;kr1.'11C.: ~Mt :a 1k•n-n.~idt.:111 r,,J~r u,,111
;01:n..: ,., h•n:i!!fl coun1~· equal 10 1hc pn::len:ncc JI\ ..:n "' h,"lfU•t.:J It\ di.: "-,.,. 1mt1n cnunu1 1n "hidl ~ """"'~kk:nc br4.hkr 1:. .:a reskkm. If it " J...·1..:1 muh. J h,
1ht: 111lic.:r rnpomible tor award int: the hid th.at ..:,lfflp41-.:.: ••&h th,, ,ulha;-1i.• .Oft ma,· i;:11n4: t.kn1ill 11f f\;"4:ralUllfb which "ouW ,IUll.:rwi>4.'. hi; avail;1hl~ 1•r ,, , •1 11 ,I
lll""-~•sc be ilk:4.Hl)IStcnt with rcqUn~mcnts "ffi:"'=r::1111.:a• 1h11, ....tt'4:1.."t11• dlall be~-Mu only lO th.: exh."flt rk:&;CS~ 111 .,...:vent Jcnial uftht.: 111,,111.:,, ,•r :,,
diminah: the incon1i11ency wiffl Federal rcquin:m,,;nts o.:M~ K·l"·IOI »J 10.!t
CE."'ERAL
7. ThclawsofdlcS-ofColoradoandrulaand...,..__ilaal_..._llllllbuppliediadloi-.,,aaion.eucu&ian.and-ofdlisauact. ,in,
pnwisi<>n oflhil canllad whedler ot llOI incorporad hcftia by~ •1licll ...... far llllilnuan by any an-jllllicial body ot pa1N o, whicll is Olhcrwisc in ,on1li"
willl said laws, Nies a,d ,qulalions shill be COIISiclaff llllllad •oid. ~ _...,. in any -ision incorpo,Wd ~ by n:-which pulllOIU 10 nqa,, <hos
« anr other special provision in whole or 1n pan shall be ,·alid or cnfon:alllc or awailablc in ay ar::tioll a llW whcdlcr" by ·~· of com,laint.. deleftse. or Olhc:n, is..:. Am
provision rmdcred null and void by the operaion of this fWO'·IIIDll •-ill 11111 ilwllidllc die ranainclcr ofdlis contract IO die exlCtll that the comnct is capable ol ..:xccu11t,,1
I . A1 aH limes d.urin& the performance of this contract.•-CLNIUXl&lf ~I suialy adhere 10 all .,1icable federal and saate la•·s. rules.~ rei;uhu1<U1) 1h::1 h•&\ i:
been or may hctt•flcr ~ established.
41 . Thi:: sipmorics :aver that dlcy are fanuliar wilh CRS I •·•·JOI . ..:1 lool!'f •• 1Dn~· .1lld Corrupt lnllucnccs) all CRS 11·¥..JUI . i:t . seq . (Abu~ ol l'utll1 , t 111 i,:.:1
:and thm na violaoon of such 1'rovis1ons is prn.:nt .
10 TIie si1na1nrin ~vcr that to 1hc1r l.:no"·kd;..:. nu loUIIC ctllp&.•,a.: h.n a~ pcr111ftm ,ir ht.:n..:lii:nal inl&:h.~I wh~v~ in the qnio: IN pror-:ny d.:,..:nht.:J lh.:1o::n
IN WITNESS WHEREOF. the pan,cs herein ha,·.: cxccllllal tll,, (. ,....,..,, , .. lk J.:a~ lim alto,..: wt111a,.
c-.
c,y~~ ~ (Full I.cpl Nanc) ~ ·L {L .
-0:J~
Arthur Seibetli
....... .,., cr.,1c1 eus;ness-Commynjty Cggrgio#Rc
84-6000583
(IIC--,on)
U1------------------------l--.. ~-, __ .. ...__l._
l'K~·Al'PROVEO FORM CONTRACT RioVll :Wl:K
DY------------------------
EY:\N MflCAI E
Forlhc
.,_ ......... --.. 1 .... ---1. .... -
ff Aft OIi COLCMIIO
ROY ROMER, GOVERNOR
BY--------------------
OEPAllTMENT
Of _______ L,.pc-·a&-..::\....,IJJ-ia.._ _________ _
Al'l'ROVAL~
~T \ TI: <..:ONl ROLi.Fii
ll.lffORO .. H~LL
lh --------------------
IA$E MARIE &YD;N
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EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC # 321
ExH1S1TA
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Project Description and Reaujre!!Jl!!11
The Pro1ect consists of providing tne Contractor w1tn matcn1ng funds for the promotion of economic
development on the Arapahoe County Enterpnse Zone area. These funds shall be used for the
purposes of prornohonal activities that will market and advertise the advantages of locabng a business
in the contractor's enterpnse zone area . create a positive identity for the enterprise zone area.
encourage retention and expansion of existing businesses . promote redevelopment. expand the
negion's tourism industry, attract new businesses. and generally enhance the economic growth of the
enterprise zone area . Such activlbes shall include the prepai ation, production, and/or distribution of
market research . pnnted materials . dinlct mad campaigns. pnnt media advertising , trade show
promotions, special events . dinlct DuSlneSS prospect visdatlon . and other closely related activities. No
more than 25 percent of these funds may not be used to pay for contractor's admm1strahVe °' staff
costs.
Contractor may allocate funds to one or more subcontractors involved in promotion and economic
development activities in the enterpnse zone. Contractor shall be nespons1ble for ensunng ana
documenting the expenditure of the required local matching funds by Contractor °' by its
subcontractors.
The contribution tram the Economic Development Fund under this Contract shall not exceed the
amount of local matct1ing funds expended on this project or SEyEN THOUSAND doHan rsz 000)
whichever is less. All project COits in excess of this amount will be the responsibility of the Contractor.
Contractor shall matdl E.D.C. funds used on this project With at least a dollar-for-<lollar casn match
tram local sources. Local expenditures on enterpnse zone marketing projects incurred prior to the
effective date of tnis pro,ec:t but subsequent to July 1. 1996 . may be counted toward the matching
funds requirement. provided that such expendttunes have not been used to meet other state
contrac:tual matching fund requnments .
2. 1Jmt qt Pl'(pnnanca
3.
The Project shall c:ommeia upon .-cutiol1 of this Contract The Contract wil expire on June 30 ,
1998. except that the Contract may be ex18nded a maximum of 12 months subject to the mutual
agreement of the State and the Contrador . A request fer extension by the Contractor shall be
submitted to the State at lelll 30 days pnor to the expntion of the Contract with a fuU JUS11ficabon for
the extenStOn request
Mui
REVENUE EXPENQIIUBES
E .D C . Funds $7 ,000
Local Funds 7 000
TOTAL. $14 000
Market Resean:h . Publica110n1 . Advertlltng ,
Special Events. and Dinlc:t Marketing for the
Arapahoe County EntarpnM Zone Program
Zone Admin11tr1oon
TOTAL
EDC I 321 • Exhibit A
Page 1 of21'11N
$12 ,250
1.750
$14 000
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4 . Payment Scbtdul•
I. $6 ,000 Initial payment to be paid upon request by the contractor following the execution of
th is contract.
II. Interim payments to be paid upon raquest and the submission of proper
documentation of expenditures of e.o.c. and local funds and work progress .
Ill . 1,000 Final payment to be made upon satisr.:1oe y co111pletion of the Project The
Contractor WIii submit a final financial and narrative report documenting the
expenditure of all E.D.C. funds for which payment has been requested and of
matching local funds .
$7,000 TOTAL
Requests for payment will be initaed by the Contractor in accordance with the provisions of
Paragraph 6 of the main body of this contract
5. llgnitqring
The Department of Local Affairs wil monitor this Project on an as-needed basis .
6 . RIPRdlDq Schfdylt
The Contractor will submit an ...., financial and narrative report property documenting all
expenditures of E.D.C . funds al the time interim payments are requested . The Contractor wlll submit a
final financial status report property documenting all expenditures of E. D . C. funds at the lime the final
payment is requested . in acconsance with the payment scnedule.
EDC I 321 • Exhibit A
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STATE OF COLORADO
EXECUTIVf CHAMIHS ,,.s ... e~•lol
0..W.,. ColOfHO IOZO I · I 111
PfloM, ()0)) ••11-1• 1 1
December 16, 1996
Odell Barry, Chairman
Colorado Economic Development Commission
1625 Broadway, #1700
Denver, CO 80202
RE: 1996-97 Enterprise Zone Mmketing and Administration Grants
Dear Odell:
In ICCOrdance with CRS 24-46-105, I have audlarity to review md approve
recommendations by tbe Colorado Economic DevelopmeDt Commission for
expenditures from tbe Ecaoamic Dewlopnmt Fund. I have MYicwed tbe maa--pnise-
ZDne madtetmg md wtminiflalioG am projeclS • specified Oil tbe aaacbed list 111d
baeby appl'O\le tbe cxpmtihwe of up to a total of $278,000 from tbe Colorado
Economic Development Fuad for~ projeds.
Attachment
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Economic Development Commission
1996-97 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
# 320 Adams County Economic Development. Inc .
# 321 City of EnglewOOd (Arapahoe County EZ)
#322 Denver Urban Economic Development Corp .
# 323 East Central Council of ocal Governments
# 324 El Paso County
#325 GrNleyMleld Economic Qet./elopment Action Partnership, Inc.
#326 Huerfanollas Animas Council of Governments
#327 Jeffel'son Economic Council, Inc.
# 328 Larimer County
# 329 Mesa County EZ
# 330 NOftheast Colorado Association of Local Governments
# 331 Associated Governments of Northwest Colorado
# 332 Pueblo County
#333 Region 10 League for Economic Assistance & Planning
#334 Upper Mcansu Area COG (San LuislUpper Arkansas EZ)
#335 Soulheat Colorado Enllrprile Oelielopment. Inc.
# 336 Region 9 Economic Oewlapment Oistric:t of Southwest Colorado
#337 Enta,prise Zone Trade Shaw Marketing (East Central COG)
510 ,000
7 .000
10 .000
20 .000
7 ,000
10,000
20,000
7,000
7,000
20 .000
20.000
20.000
10,000
20,000
20,000
20,000
20,000
30,000
278,000
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COUNCIL COMMUNICATION
Date Agenda Item Subject
March 17, 1997 A BIii for an Ordinance
Authorizing new Deeds -
10 a ix C-470 Mclellan
Interchange
Initiated By Staff Source
City Attorney/Utllltlea Department Dan Brotzman/Stu Fonda
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Thia Bill for an Ordinance authorizes new deeds for the C°"70 McLellan Interchange Project which reflect
the final design changes of the Project.
RECOMMENDED ACTION
Staff recommenda City Council approval of thia Bill for an Ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The En,tewood City Council authorized inteJpvemmental aar-ta between the Sat.e of Colorado
Departmait ofTramportatiOD (CDOT), Douglu County, o.a ... Wat« Department Hip,land1 Ranch
Metropolitan Districta, Dr. Ohhon and the City ofF.nclewoad which pertained to the C....70 Interc:banp
with the adoption ordiDanc:e No. 30, on August 5, 1996.
The En,tewood City Council authorized the eD:banp of property to Hipland1 Ruch Metropolitan
District No . 3 , pertaining to Dr. Ohlaon and the C....70 Int.erc:baap by the .,..... of Ordinance No . 6 , on
January 20, 1997
The High Line Canal ii not beinf re-alipecl, inltead a culYer't ii beinc iDltalled at the Canal'• c:urnJDt
location and the bike path will c:rou underneath Hip,land1 llancb Boulevard immediately north of the
Canal rather than at the int.enection of County Line Road; therefore, auch changea required reviaiODI to
various legal deacriptiom and the new deeds reflect 1uch reviaiOD1 .
LIST OF ATTACHMENTS
Copy of Council Bill No . 19, SeriM of 1997
Grant of Euement
Two Deecla I·
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ORDINANCE NO . _
SER.IF.s OF 1997
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BY AUTHORITY
ABILLl'Oll
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AN ORDINANCE REGARDING C-470 McLELLAN INTERCHANGE
AUTHORIZING NEW DEEDS FOR THIS PROJECT WlllCH REFLECT THE
FINAL DESIGN CHANGES.
WHEREAS, the Englewood City Council authorized intergovernmental
agreements between the State of Colorado Department of Transportation, Douglas
County, Denver Water Department and Highlands Ranch Metropolitan Districts,
Dr . Obll!on which pertained to the C-470 Interchange with the passage of Ordinance
No . 30, Series of 1996; and
WHEREAS, the Englewood City Council authorized the exchange of property to
Highlands Ranch Metropolitan District No. 3, which pertained to Dr. Ohlson and the
C-470 Interchange with the passage of Ordinance No. 6, Series of 1997; and
WHEREAS, the High Line Canal ill not being re-aligned, instead a culvert ill
being installed at the canal's current location; and
WHEREAS, the bike path will crcm undemeath Highlands Ranch Boulevard
immediately north of the canal rather than at the intenection of County Line Road;
and
WHEREAS, because auch change& required revilliona to varioua legal descriptions
the attached new deed reflect auch revilliOD11;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
$ec;tion 1. The Grant ofEuement • Project Number : CC 4701-076 Parcel Number
PE-2M, for acceu from Englewood to Ohlaon, attached hereto u E:diibit A, ill hereby
accepted and approved by the Engl-ood City Council .
Ses;tiop 2. The Warranty Deed from Englewood to Douglu County for Project
Number: CC 4701-076 Parcel Numben 2D, 2K & 2L, attached hereto u Ellhibit 8 , ill
hereby accepted and approved by the Engl-ood City Council.
Ses;tion 3. The Warranty Deed from Englewood to Highlands Ranch Metropolitan
District No. 1 for Project Number: CC 4701-076 Parcel Numben 2H, 21 & 2J, attached
hereto u E:diibit C, ill hereby accepted and approved by the Englewood City Council.
Ses;tioo ,. Tr1oef1r of Eo,,,-ggd Deede ud Ee,meot.a. 1be trwfer of
Englewood Deeda and Euementa lhall become effective at the ltart of C'JDBtruction
and upon the ratification of the tranafer of Deed& and Euemmta &om all parti•
except the Oblaon Euement which ahall be trwferred aimultaneoualy at a later date
or upon condemnation of the property .
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Se,;tign 5. The Mayor ia authorized to eucute wl tbe City Clerk to att.est and Mal
theee documents for an OD behalf of the City al F.qlewood, Colorado.
Introduced, read in full, and puaed on fint reading on the 17th day of March, 1997.
Publiabed as a Bill for an Ordinance OD the 20th day of March, 1997.
Thomas ~. 8Ul'IUI, Mayor
ATTEST:
Louc:riahia A. Ellis, City Clerk
I, Louc:riahia A. Ellis, City Clerk of the City ofEqlewoocl. Colando, hereby cstify
that tbe above and foreaoial ia a true copy of a Bill far an Ordinaaee, introdaeed,
read in full, and palNCl on fint nadiq on tbe 17th day al llarc:b, 1997.
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GRANT or BASEMENT
PROJECT NtDIBER: CC 4701-076
PARCEL NtJMBER PE-2M
THIS GRANT OF AN EASEMENT ("this Grant") is made this --day
of , 1997 by the CITY OF ENGLEWOOD, COLORADO a heme rule
City under and by virtue of the laws of the State of Colorado,
("Grantor"), whose address is 3400 South Elati Street, Englewood,
Colorado 80110, to ROBERTS. OHLSON, ("Grantee") whose adci=ess is
1754 West County Line Road, Highlands Ranch, Colorado 80125.
The Parties covenant and agree as follows:
l. Easement Prope;:ty. The "Easement Property• sha~l mean
the real proper-:y located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibit ?E-2M.
2. Consideration . As consideration of this Grant, Grantee
shall pay to Granter the sum of Ten Dollars ($10.00) and ot~er good
and valuable c:nsideration paid by Gr3Iltee, receipt of wr.ic~ is
hereby ac!c.,ow_e~ged by Granter .
3. Gra::; of Easement. Granter hereby grants to Gra.~-:ee an
easement over, across and through the Easement Property to ~rovide
access to the property owned by Grantee which abuts the east line
of the Easement Property, and generally referred to as t~e Plum
Valley Subdivision.
4 . Access. Grantee shall have the perpetual r:.gnt of
ingress and egress, in, to, over, through and across the Ea..ement
Property for any purpose necessary or desirable for t=ie full
enjoyment of t=ie rights granted to Grantee under this Gra::.-:.
s. Richts of Granter. Granter reserves the full right to
the undist.urbe_:i ownership, use, and occupancy of the Easement
Property 1nsotar as said ownership, use, and occupa:icy is
consistent with and does not impair the rights granted to Grantee
to this Grant. Cost of repair and restoration of any surface
improvements shall be done at the cost of the Grantee.
6. Granter's Rights to Relocate. Granter shall have the
right to relocate or require Grantee to relocate the ease~ent and
any improvements thereon at the expense of Granter and to te:::minate
the easement herein granted.
7. Abanconment. In the event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and .
interest hereur.der of Grantee shall cease and terminate, and
Granter shall hold the Easement Property, as the same may t~en be,
free from the rights of Grantee so abandoned and shall own any
improvements of Grantee so abandoned .
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e. warranty gf Title. Granter warrants and represents that
Granter is the fee simple owner of the Eaaement Property and that
Granter has full right, title and authority, and that this Grant is
effective to grant and convey to Grant-the within described
euement subject to easements and reservations of record. Granter
furt:her covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Eaaement Property by all and every person or persons lawfully
claiming or to claim the whole or any part thereof except those of
record.
9. Binding Ef feet. This Grant shall extend to and be
binding upon the heirs, personal representatives, successors and
assignees of the respective parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have executed this
Grant of Easement the day and year first above written.
A"rn:ST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COtDJTY OF ARAPAHOE)
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By:_....,..--~~~~~~---Thomas J. Burns,
Mayer
This foregoing instruant was acknowledged before me this_
day of , 1997, by Tboalaa J. Burns as Mayer and
Loucrishia A. Ellis as City Clerk of the City of Englewood.
My Commission Expire•=-~~~~~~~~~~
Jlotary Public
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EASEMENT FROM ENGLEWOOD TO ROBERTS. OHLSON
PROJECT NO. CC 4701-076
EASEMENT PE-2M
February 20, 1997
DESCRIPTION
An easement :'llo . PE-2M of the Department ofTransponarion, State of Colorado, Project No. CC
4701-076, containing 373.044 square meters (0 .092 acres), more or less, being a portion of a
parcel described in Book 133 at page 4 , Douglas County Records , in the southwest quarter,
Section 4 , Township 6 South, Range 68 West of the 6* Principal Meridian. in Douglas County,
Colorado , said easement being more particularly described as folio~:
BEGINNING at a point on the e:isterly property line of said parcel described in Book 133
at page 4, Douglas County Records. when the northwest comer of said Section 4 bears N
71°32'36" W a distance of959.i98 meters (3.148.94 feet );
l . Thence N 01 °06'01" W along said easterly property line. a distance of 40.862 meters (134.06
feet);
2 . Thence S 88°53'59" W, a distance of9.144 meters (30 .00 feet);
3. Thence S 01°06'01 " E, a distance of40.731 meters (133.63 feet );
4 . Thence N 89°43'10" E, a distance of9.145 meters (30.00 feet) to the TRUE POINT OF
BEGINNING.
The above described parcel contains 373 .044 square meters (0.092 acres), more or less.
Basis of Bearings : N 89°40'08 E, along the north line of the southwest quarter of said
Section 4 , from the west quaner comer of said Section 4, a 3" brass cap , to the center comer of
said Section 4 , a 10"x7"x3 " stone.
For the purpose of a private driveway .
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WARRANTY DEED
PROJECT HtJMBl!!R: CC 4701-076
PARCEL HtJMBl!!RS 2D, 21t a 2L
TRIS DEED, made this~~ day of , 1997, oetween the
CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by
virtue of the laws of the State of Colorado, ( "Grantor" l, whose
legal address is 3400 South Elati Street, Englewood, Colorado
80110, and THE COUNTY OF DOUGLAS, ("Grantee") , whose legal address
is 301 Wilcox Street, Castle Rock, Colorado 80104.
WJ:TNESSl!!TH, That tr.e Grantor, for and in consideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted , bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and assigns forever, all the real
property together with improvements, if any , situate, lying and
being in the County of Dcuglas and State of Co l orado, described as
set for in Exhibits 2D, 2K and 2L.
also k-,ow by street and number as : vacant land.
TOGE1B.&R, with a l l and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the :-eversion and re•re:-s:.ons, remainder and remainders, . rents,
issues and profits the:-eof : and all the estate, right, title,
interest, claim and demand whatsoever of the Granter, either in law
or equity, of, in and to the above bargained premises, with the
he:-editaments and appurtenances.
TO HAVE AND TO BOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever . And the Granter for itself, its successors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee , its successors and assigns, that at the time of the
enseal ing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has
good r i ght , full power and lawful authority to grant, bargain, sell
and convey the same in mar.ner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains,
sal es, liens , taxes, assessments, encumbrances and restrictions of
whatever k i nd or nature wr.atsoever except as to Parcel 2L, a Right-
Of-Way and Easement Agreement recorded in Book 166 , Page 261 of the
rec o rds of the Clerk and ~ecorder of Douglas County.
The Granter shall and will WARRANT AND FOREVER DEFEND the
above barga i ned premises in the quiet and peaceable possession of
the Grantee , its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any
part t hereo f .
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IN WITJIZSS wm.BOP, the Granter bas caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
ATl'EST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
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)ss
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Thomas J. Burns,
Mayor
The foregoing instrument was acknowledged before me t::Us __
day of --------· 1997, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood,
Colorado.
My Conunission Expires:
Witness my hand and official seal.
Notary Public
[SEAL]
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "20"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 20
August 23, 1996
A tract or parcel of iand No. 20 of the Department of Transportation, State cf Colorado, Project No.
CC 4701-076, containing 2,744 square meters (29,536 square feet), more or less , being a portion of
a parcel described ir. book 133. page 4, Douglas County Records, in Section 4, Township 6 South ,
Range 68 West of the Sixth Princ:pal Meridian, in Douglas County, Colorado, said tract or parcel of
land being more partic:Jlarly desc:-ibed as follows:
Beginning at the Canter comer cf said sec:icn 4, a 1 o· x 7" x 3· Stone ;
1. Thence s .0•02·3rw. along the east line of the SW 1/4 of said Section 4, a distance of 401 .486
meters (1317.21 feet); to the SW comer of the NW 1/4 of the SE 1/4 of said Section 4;
2. Tnence N.aS 0 52'12"E. along the south line of said NW 1/4 of the SE 1/4 of said Sec:ion 4. a
distance of 4. 5S7 meters ( 15. 08 feet);
1. Thence S.44.57'25"W., a distance of 6.511 meters (21.36 feet) to the west line of the SW 1/4 of
the SE 1/4 of said Section 4;
4. Thence S.0•02·37·w. along said west line of the SW 1/4 of the SE 1/4 of said Section 4, a
distance of 1.5CO meters (4.92 feet);
5. Tnence S. as• .1s-25·w., a distance of 6. 706 meters (22. 00 feet);
6. Thence N.0·02·3re., a distance of 407.S65 meters (1337 .15 feet) to the north line of the SW
1/4 of said Section 4;
7. Thence N. as• 40'08"E. along said north line of the SW 1 /4 of said Section 4, a distance of 6 . 706
meters (22.00 feet) to the POINT OF BEGINNING.
The above desc:ibed Parcel contains 0.274 hectares/2,744 square meters (0 .678 aaes/29,536
square feet), more or less.
BASIS OF BEARING : Grid bearings were detennined by global positioning system methods .
Bearings are referer:ced to the line between point 1001 and point 192. Tne line between the two
monuments bears : s .s1·10·29·w. .. .. -... ~·o;•. • !. ., .,._ .. tool. <: •
• ~ '¥ .... ~ , ...... ,.., • ..,. •
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PARCEL FROM CllY OF ENGLEWOOD TO DOUGLAS COUNlY
EXHIBIT "PARCEL 2K"
PROJECT NUMBER: CC 4701--076
PARCEL NUMBER 2K
February 17, 1997
Parcel 2K of the Department of Transportation, State of Colorado , Project No . CC 4701-076,
containing 12.421 square meters (133,698 square feet). more or less. being a portion of a parcel
described in Book 133, Page 4, Douglas County Records, in Section 4 , Township 6 South. Range 68
West of the Sixth Principal Meridian . in Douglas County, Colorado , said tract or parcel of land being
more particularly described as follows :
Beginning at a point on the east line of the NW 1/4 ·of said Section 4 , whence the Center comer
of said section 4 , a 10· x 7" x 3" Stone bears S.1"06'01"E .. a distance of 312.846 meters (1026.40
feet);
1. Thence N.78"54'57-W .. a distance of 13 .981 meters (45.87 feet);
2. Thence along the arc of a curve to the left having a radius of 26 .900 meters (88 .25 feet), a
distance of 16.911 meters (55 .48 feet) (the chord of said arc bears N.16"51'41"E., a distance of
16.634 meters (54 .57 feet));
3. Thence along the arc of a curve to the left having a radius of 207 .800 meters (681.76 feet), a
distance of 28 .979 meters (95 .08 feet) (the chord of said arc bears N.05"08'37'W., a distance of
28 .956 meters (95 .00 feet)):
4. Thence along the arc of a curve to the left having a radius of 210.531 meters (690.72 feet), a
distance of 78.455 meters (257 .40 feet) (the chord of said arc bears N .14°31'11-W., a distance
of 78 .001 meters (255 .91 feet));
5. Thence along the arc of a curve to the left having a radius of 215.000 meters (705 .38 feet), a
distance of 37 .048 meters (121 .55 feet) (the chord of said arc bears N .35"14'57-W., a distance
of 37 .002 meters (121.40 feet)):
6. Thence N.40"11 '08-W .. a distance of 43 .300 meters (142 .06 feet):
7. Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11 .781 meters (38.65 feet) (the chord of said arc bears N.85"11'08-W., a distance of
10 .607 meters (34 .80 feet));
a. Thence N .40°11 '08-W .. a distance of 18 .400 meters (60 .37 feet);
9. Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11 . 781 meters (38 .65 feet) (the chord of said arc bears N .4°48'52"E .• a distance of
10 .607 meters (34 .80 feet)):
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10 . Thence N.40"11'08'W., a distance of 106 .836 meters (350 .51 feet) to the southeasterly right-of-
way line of the Highline Canal (100 .00 feet wide), as described in book 93 , Page 64 , Douglas
County Records ;
11 . Thence N.69°14'28"E. along said southeasterly right-of-way line of the Highline Canal, a
distance of 31.811 meters (104 .37 feet);
12. Thence S.40"11'08 "E., a distance of 96 .256 meters (315 .80 feet);
13 . Thence along the arc of a curve to the left having a radius of 7.500 meters (24 .61 feet), a
distance of 11 .781 meters (38 .65 feet) (the chord of said arc bears S.85"11'08"E.. a distance of
10.607 meters (34 .80 feet));
14 . Thence S.40"11'08"E., a distance of 18 .400 meters (60 .37 feet);
15. Thence along the arc of a curve to the left having a radius of 7.500 meters (24 .61 feet), a
distance of 11 .781 meters (38.65 feet) (the chord of said arc bears S.4"48'52'W .. a distance of
10 .607 meters (34.80 feet));
16 . Thence S .40"11'08"E .. a distance of 43 .300 meters (142 .06 feet);
17 . Thence along the arc of a curve to the right having a radius of 245 .000 meters (803 .81 feet). a
distance of 42.228 meters (138 .54 feet) (the chord of said arc bears S.35"14'52"E .. a distance
of 42 .175 meters (138 .37 feet));
18. Thence along the arc of a curve to the right having a radius of 247 .791 meters (812.96 feet), a
distance of 92.105 meters (302 .18 feet) (the chord of said arc bears S.24°01'55"E ., a distance
of 91 .576 meters (300 .45 feet));
19 . Thence along the arc of a curve to the right having a radius of 252 .000 meters (826 .77 feet), a
distance of 57 .319 meters (188 .05 feet) (the chord of said arc bears S.2"37'09"E .. a distance of
57 .195 meters (187 .65 feet));
20 . Thence along the arc of a curve to the left having a radius 41.900 meters (137 .47 feet), a
distance of 6 .444 meters (21 .14 feet) (the chord of said arc bears S.0"30'31 "E .. a distance of
6.437 meter (21 .12 feet);
21 . Thence N.68°27'20'W .. a distance of 12 .436 meters (40 .80 feet);
22 . Thence N.78"54 '57'W .. a distance of 23 .696 meters (77 .74 feet) to the POINT OF
BEG INNING .
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT ·•:::ARCEL 2L"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2L
February 17. 1997
Parcel 2L of the Department of Transportation, State of Colorado. Project No . CC 4701-076 ,
containing 3,150 square meters (33,906 square feet), more or less. being a portion of a parcel
described in Book 133 , Page 4, Douglas County Records, in Section 4 . Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County , Colorado , said tract or parcel of land being
more particularly described as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S.0•34·55·e. 885 .415 meters (2904 .90 feet); Thence S.76"26'41"E.. a distance of 610 .680
meters (2003 .54 feet) to the TRUE POINT OF BEGINNING , said point being also on the
southwesterly right-of-way line of County Line Road ;
1. Thence along said southwesterly right-of-way line of County Line Road , along the arc of a curve
to the left having a radius of 1769.368 meters (5805.00 feet), a distance of 30.598 meters
(100 .39 feet) (the chord of said arc bears S.77"44'21"E ., a distance of 30 .597 meters (100 .38
feet):
2. Thence S.0"55'27"W., a distance of 13 .733 meters (45 .06 feet);
3. Thence along the arc of a curve to the left having a radius of 105 .000 meters (344 .49 feet), a
distance of 75 .337 meters (247 .17 feet) (the chord of said arc bears S.19"37'51"E .. a distance
of73 .732 meters (241 .90 feet));
4. Thence S.40"11 '08"E .. a distance of 7.498 meters (24 .60 feet) to the northwesterly right-of-way
line of the Highline Canal (100 .00 feet wide), as described in Book 93, Page 64 , Douglas
County Records ;
5. Thence S .69"14'28"W. along said northwesterly right-of-way line of the Highline Canal , a
distance of 31 .774 meters (104 .25 feet);
6. Thence along the arc of a curve to the right having a radius of 135 .000 meters (442 .91 feet). a
distance of 93 .792 meters (307 .72 feet) (the chord of said arc bears N.18"58'46"W., a distance
of 91 .917 meters (301 .57 feet));
7. Thence N.0"55'27"E .• a distance of 19.748 meters (64 .79 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0.315 hectares/3 ,150 square meters (0 .778 acres/33 ,909
square feet), more or less .
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BASIS OF BEARING: Grid bearings were detennined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s.a1·18'29"W.
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WARRANTY DEED
PROJECT NtJMBER: CC 4701-076
PARCEL NtJMBERS 2:S:, 2I r. 2J
THIS DEED, made this~~ day of , 1997, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by
vi::-tue of the laws of the State of Colorado, ("Granter") , whose
legal address is 3400 South Elati Street, Englewood, Colorado
80110, ar.d HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3,
( "G::-antee") , whose legal address is 62 West Plaza Drive, Highlands
Ra..~ch, Colorado 80126.
WITNESSETH, That the Granter, for and in ccnsideration of the
sum cf Ten and no/100 Dollars, the receipt and sufficiency of which
is he::-eby acknowledged, has granted, bargained, sold and conveyed,
ar.d by these presents does grant, bargain, sell, convey and confirm
unc~ the Grantee, its successors and assigns foreve::-, all the real
prcpe::-ty together with improvements, if any, situate, lying and
be~~g in the County of Douglas and State of C~lcrado, described as
sec for in Exhibits 2H, 2I and 2J.
a_so know by street and number as: vacant la..~d.
TOGEl.B.BR, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and ::-emainders, rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Granter, either in law
or equity, of, in and to the above bargained premises, with the
he::-editaments and appurtenances.
TO HAVE AND TO BOLD the said premises ai:ove bargained and
desc::-ibed, with the appurtenances, unto the Grantee, its successors
ar.d assigns forevc::-. And the Granter for itself, its successors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, pe::-fect, absolute and
i~defeasible estate of inheritance, in law, in fee simple, and has
geed right, full power and lawful authority to g:-ant, bargain, sell
ar.d convey the same in manner and form aforesaid, and that the same
a.re free and clear from all former and ot!:ler gra.~ts, bargains,
sales , liens , taxes, assessments, encumbrances and restrictions of
wr.aceve::-kind or nature whatsoever.
The Granter shall and will WARRANT AND FOlLCVER DEFEND the
ai:ove bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
pe::-son or persons lawfully claiming or to claim the whole or any
pa::-t thereof.
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DI wrrJDSS IIRBRSOI', the Granter has caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
)
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Thomas J. Burns,
Mayor
The foregoing instrument was acknowledged before me this __
day of --------' 1997, by Thomas J . Burns as Mayor and
Louc:::-ishia A. Ellis as City Clerk of the City of Englewood,
Colorado .
My Commission Expires:
Witness my hand and official seal.
Notary Public
[SEAL]
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IN WITNBSS WBBRBOW, the Granter has caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
ATl'EST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
)
)ss
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Thomas J. Burns,
Mayor
The foregoing instrument was acknowledged before me this __
day of --------' 1997, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of E."lglewood,
Colorado.
My Commission Expires:
Witness my hand and official .. al.
Notary Public
[SEAL]
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT .. PARCEL 2H"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2H
February 17 , 1997
Parcel 2H of the Department of Transportation, State of Colorado. Project No . CC 4701..076.
containing 1,068 square meters (11,496 square feet), more or less, being a portion of a parcel
described in Book 133, Page 4, Douglas County Records. in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian. in Douglas County, Colorado. said tract or parcel of land being
more particularly described as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S.0"34'55"E. 885.415 meters (2904 .90 feet); Thence S.69"55'55"E .. a distance of 695 .162
meters (2280 .71 feet) to the TRUE POINT OF BEGINNING, said point being also on the
northwesterly right-of-way line of the Highline Canal (100 .00 feet wide). as described in Book 93 ,
Page 64, Douglas County Records;
1. Thence N.40"11 '08'W., a distance of 6.362 meters (20 .87 feet);
2. Thence N.69"14'28"E, a distance of 13 .833 meters (45 .38 feet);
3 . Thence s .20•45·32·E. a distance of 5 .784 meters (18 .98 feet);
4 . Thence along the arc of a curve to the left having a radius of 117 .000 meters (386 .86 feet). a
distance of 33 .646 meters (110 .39 feet) (the chord of said arc bears N.sr31·1re .• a distance
of 33 .530 meters (110 .01 feet)) to the beginning of a reverse curve ;
5 . Thence along the arc of a curve to the right having a radius 103 .000 meters (337.93 feet), a
distance of 66.354 meters (217 .70 feet) {the chord of said arc bears N .6r44'18"E .. a distance
of65 .212 meters (213 .95 feet);
6 . Thence N.86 "11 '37"E . a distance of 40 .303 meters (132.23 feet) to said northwesterly right-of-
way line of the Highline Canal :
7 . Thence along said northwesterly right-of-way line along the arc of a non-tangent curve to the
left having a radius of 315 .383 meters (1034.72 feet), a distance of 43 .643 meters (143 .19 feet)
(the chord of said arc bears S . 73"12'19'W .. a distance of 43.608 meters (143 .07 feet)):
8 . Thence S.69"14'28'W., a distance of 104 .785 meters (343 .78 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0.107 hectares/1 ,068 square meters (0 .264 acntl/11 ,496
square ffft), more or less .
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BASIS OF BEARING: Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s .a1•1a·2s-w.
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BASIS OF BEARING: Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s.a1•1a'29"W.
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PARCEL FROM CllY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 21"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 21
February 17 , 1997
Parcel 21 of the Department of Transportation , State of Colorado , Project No . CC 4701-076,
containing 1,853 square meters (19,945 square feet), more or less , be ing a pcrticn of a parcel
described in Book 133 , Page 4 , Douglas County Records , in Section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian , in Douglas County , Colorado , said tract or parcel of land being
more particularly described as follows :
Commencing at the NW Comer of said Section 4 , whence the W 1/4 Comer of said Section 4
bears S.0"34'55"E . 885 .415 meters (2904 .90 feet); Thence S.66°57'43"E., a distance of 656 .665
meters (2154 .41 feet) to the TRUE POINT OF BEGINNING , said point being also on the
northwesterly right-of-way line of the Highline Canal (100 .00 feet wide), as described in Book 93 ,
Page 64, Douglas County Records ;
1. Thence along said northwesterly right-of-way line of the Highline Canal, along the arc of a curve
to the left having a radius of 85 .769 meters (281 .39 feet), a distance of 70 .878 meters (232 .54
feet) (the chord of said arc bears S.45°34'00-W., a distance of 68 .879 meters (225 .98 feet);
2. Thence S .21"53'33"W. along said northwesterly right-of-way line of the Highline Canal. a
distance of 111 .658 meters (366 .33 feet);
3. Thence along the arc of a non-tangent curve to the left having a radius of 117.000 meters
(383 .86 feet). a distance of 51 .744 meters (169 .76 feet) (the chord of said arc bears
N.09"13'22"E .. a distance of 51 .323 meters (168 .38 feet)) to the beginning of a reverse curve ;
4. Thence along the arc of a curve to the right having a radius of 93 .000 meters (305.12 feet ), a
distance of 117 .384 meters (387 .09 feet) (the chord of said arc bears N.32°53'49"E .. a distance
of 110 .229 meters (361 .64 feet);
5. Thence N.69"14'28"E .. a distance of 24 .300 meters (79 .72 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0.185 hectares/1 ,853 square meters (0 .458 ac:es/19 ,944
square feet). more or less .
BASIS OF BEARING : Grid bearings were determined by global positioni~
Bearings are referenced to the line between point 1001 and point 192. Th~ !I: "'~
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PARCEL FROM CllY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 2J"
PROJECT NUMBER: CC 4701~76
PARCEL NUMBER 2J
February 17, 1997
Parcel 2J of the Department of Transportation, State of Colorado, Project No. CC 4701-076,
containing 54 square meters (581 square feet), more or less, being a portion of a parcel described in
Book 133, Page 4, Douglas County Records, in Section 4 , Township 6 South, Range 68 West of the
Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being more
particularly described as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S.0°34'55"E. 885 .415 meters (2904 .90 feet); Thence S .67°34'48"E .. a distance of 664.175
meters (2179.05 feet) to the TRUE POINT OF BEGINNING. said point being also on the
northwesterly right-of-way line of the Highline Canal (100.00 feet wide), as described in Book 93,
Page 64, Douglas County Records ;
1. Thence N.20•45·32·e .. a distance of 6.000 meters (19.68 feet);
2 . Thence N.69°14'28-W., a distance of 8.106 meters (26.59 feet);
3 . Thence along the arc of a non-tangent curve to the left having a radius of 135.000 meters
(442 .91 feet), a distance of 6 .268 meters (20.56 feet) (the chord of said arc bears
S .37°33'09"E .. a distance of 6.267 meters (20.56 feet)) to said northwester1y right-of-way line of
the Highline Canal ;
4 . Thence S .69°14'28'W. along said northwester1y right-of-way line of the Highline Canal, a
distance of 9 .917 meters (32.54 feet) to the TRUE POINT OF BEGINNING.
The above described Parcel contains 0.005 hectares/54 square meters (0.013 acntS/581
square feet). more or less.
BASIS OF BEARING : Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears : S.87°18'29-W .
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-~-HIGHIANDS RANCH
February 21, 1997
Mr. Dan Brotzman
City Attorney
METROPOLITAN DISTRICTS
City of Englewood
3400 South E1ati Street
Englewood, co 80110
RE: C-470 Mcl.ellan bJracbanse -1996 Ordinance No. 30
I\ 0ear 0an:
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Please find enclosed IS copies of new deeds for Ibis project which reflect die fiml design changes.
As you know, the High Line Canal is not beiag ae-aligned, iDllad a cul~ is being iDslalled at die
caoal's current location ml die bite palb will aoa undemeadl Hiplands Ranch Boulevard inunecliacr:ly
north of the caoal rather than at the imeaaection of Coualy l..me Road. Tbae cbaDges required revisions
to various legal descriptions . We have abo encloeed an updlled list with die cbanges bigbligblc:d.
Since the bids are in and COOT plans to award die COlllnlCt in die next week or so, we would Ille that
these be submiued to the F.oglewood City Council for c:omideration at the March 3 mee1U11 with die
second reading ml approval on March 17. If there is mytbiDg that does not meet with your approval
or with which you have questions, pleue comet John Smith at Halm, Smith & Walsh (298-0221) or
Terry Nolan, die General Manager of HRMD 13.
I would like to thank you for your COlltiDled mpport and millUICe in this proc:ea ml loot forward
to the initiation of construction of this project ro the beaefit of both of our orpnizations.
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Enclosures
cc: Terry Nolan
John Smith
Srewut Fonda -1 Reference Copy
Paul Kapaun -1 Reference Copy
I 62 Well Plau Driw • Highlalds bnch, Colorado 80126 • (]OJ) 791-0llO • FAX (3031 791-0437 0
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C-470 INTERCHANGE AT filGHLANDS RANCH BOULEVARD
DESCRIPl'ION OF DOCUMENTS
DESCRIPTION
I Easements between Eqlewoocl to Ohlson
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PE-2F Same Grant of Easemcnl for access from Englewood to Ohlson (No
change)
P&2M -~:'.:-· ''"'"Ori~fil·a, ~-· t tw,lirioewy fmn ~)~~~9-0!!
PR-81 Same Rclinquisbmem of Right-Of-Way and Easement Agreement from
Ohlson to F.nglewood (No change)
Warranty Deed from F.qlewood to Douala County
Warranty Deed from F.apweocl to COOT
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20
Same
Same
Same
C-470 Southern ramps (1 & 2)
C-470 Nonbem ramps (3 & 4)
Storm Drain on Ramp 3
Grant of E.....-.t mm Eqlewood to COOT r.-11opes &: .......
PE-2A
PE-28
SE-2A
SE-28
SE-2E
2/21/97
Same
Same
Same
Same
Same
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Easement along southern side of Ramp 1 from Highlands Ranch
Boulevard to the west
Easement along southern side of Ramp 1 from drainage box to the
west
Easement along northern side of Ramp 3 on the east side of the
drainage box
Easement along northern side of Ramp 3 just west of drainage box
Easement along nortbem side of Ramp 4 (includes drainage box)
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C-470 INTERCHANGE AT HIGHLANDS RANCH BOULEVARD
DF.SCRIPl'ION OF DOCUMENTS
DF,SCRIPTION
Warranty Deed from Englewood to HRMD 13 for bike paths
Nalir:--T,s:;m · ·"'w,,~w , • ..._..;..:aiilliilillilll
· p .. h,,,, """ "'Bikc...,padt along County · Linc Road from Highlands Ranch
Boulevard cast to the Higbline Canal
Nca •• •• ,S.:21! ,. ~ '" \fi~-• V ........... .
· · 'eike i,adi -from eounry Line Road to the Highline Canal, west of
Highlands Ranch Boulcvud
m · -··:::kttrt%l:~~J@~znW&ti1~~~~1if1fCt'~~~~tfiJii!it1r.i~•r~,1~
: ~~-fI,-l!t.lW!LiltllftlfJI
~11iicfl ;B1ilual-V lii ....; ........... -:.-. ............ -~.-:-i-.-· ----. ~-:.i.:-·.;;.:-;,...;.,
Deed from F.aatewood to COOT far Aa:ea Ripa to md from C-470
AR-2A
AR-2B
MJtcellaneous
PE-2C
South side of C-470 at Highlands Ranch Boulcvud Interchange
Nonh side of C-470 at Hipland1 Ranch Boulevard lderchaoge,
includes Higblaod• Ranch Boulevud from C-470 north to first
intasection
Grad of Eaaemeut from Enaiewooc1 to CWSD for sewer line nonb
of Ramp 3
,._---'"9lf'S''· ..
-· Deed from i>WB ID F.npewood for die old oonbem alignlned of
die ffisbline Canal (except Highlands Ranch Boulcvard)
PE-2G
PR-10
2/21/97
Same
Same
Grad of Eaaemeut from Eoglcwood to CWSD to mitigate wetlands
to south side Mclellan Reservoir
Relinquisbmenl of Easement by CWSD to F.uglewood -sewer line
north of Ramp 3
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GRANT OP usmqqrr
PROJECT NONBBR: CC 4701-076
PARCEL NONBBR PB-2N
THIS GRANT OF AN EASEMENT ("this Grant") is made this __ day
of , 1997 by the CITY OF ENGLEWOOD, COLORADO a home rule
City under and by virtue of the laws of the State of Colorado,
("Grantor•), whose address is 3400 South Elati Street, Englewood,
Colorado 80110, to ROBERT s . OHLSON, ("Grantee") whose address is
1754 West County Line Road, Highlands Ranch, Colorado 80126.
The Parties covenant and agree as follows:
1. Easement Property. The "Easement Property" shall mean
the real property located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibit PE-2M.
2. Consideration. As consideration of this Grant, Grantee
shall pay to Grantor the sum of Ten Dollars ($10.00) and other good
and valuable consideration paid by Grantee, receipt of which is
hereby acknowledged by Grantor.
3. Grant of Easement. Grantor hereby grants to Grantee an
easement over, across and through the Easement Property to provide
access to the property owned by Grantee which abuts the east line
of the Easement Property, and generally referred to as the Plum
Valley Subdivision.
4. Access. Grantee shall have the perpetual right of
ingress and egress, in, to, over, through and across the Easement
Property for any purpose necessary or desirable for the full
enjoyment of the rights granted to Grantee under this Grant.
5. Rights of Granter. Grantor reeerves the full right to
the undisturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, uee, and occupancy is
consistent with and does not impair the rights granted to Grantee
to this Grant. Cost of repair and restoration of any surface
improvements shall be done at the cost of the Grantee.
6 . Grantor's Rights to Relocate. Granter shall have the
right to relocate or require Grantee to relocate the easement and
any improvements thereon at the expenee of Granter and to terminate
the easement herein granted.
7. Abandonment . In the event that Grantee shAll abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall cease and terminate, and
Granter shall hold the Easement Property, as the same IIIAY then be,
free from the rights of Grantee so abandoned and sti.11 own any
improvements of Grantee so abandoned. •
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B. Warranty of Title. Granter warrants and represents that
Granter is the fee simple owner of the Easement Property and that
Granter has full right, title and authority, and that this Grant is
effective to grant and convey to Grantee the within described
easement subject to easements and reservations of record. 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 except those of
record.
9. Binding Effect. This Grant shall extend to and be
binding upon the heirs, personal representatives, successors and
assignees of the respective parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have executed this
Grant of Easement the day and year first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE)
)
)ss.
By:~~~~~~~~~~~~
Thomas J. Burns,
Mayor
This foregoing instrument was acknowledged before me this~
day of , 1997, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood.
My Commission Expires:~~~~~~~~~~~~-
Notary Public
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EASEMENT FROM ENGLEWOOD TO ROBERTS. OHLSON
PROJECT NO. CC 4701-076
EASEMENT PE-2M
February 20, 1997
DESCRIPTION
An easement No. PE-2M of the Department ofTransponation, State of Colorado, Project No. CC
4701-076, containing 373 .044 square meters (0.092 acres), more or less, being a ponion ofa
parcel described in Book 133 at page 4, Douglas County Records, in the southwest quaner,
Section 4, Township 6 South, Range 68 West of the 6.,, Principal Meridian, in Douglas County,
Colorado, said easement being more panicularly described as follows:
BEGINNING at a point on the easterly propeny line of said parcel described in Book 133
at page 4 , Douglas County Records, when the nonhwest corner of said Section 4 bears N
71 °32'36" W a distance of959.798 meters (3,148.94 feet);
1. Thence N 01°06'01" W along said easterly propeny line, a distance of 40.862 meters (134 .06
feet);
2. Thence S 88°53'59" W, a distance of9.144 meters (30.00 feet);
3. Thence S O l 0 06'0 I" E, a distance of 40. 731 meters (133.63 feet);
4 . Thence N 89°43'10" E, a distance of9.145 meters (30.00 feet) to the TRUE POINT OF
BEGINNING.
The above described parcel contains 373 .044 square meters (0.092 acres), more or less.
Basis of Bearings: N 89°40'08 E, along the nonh line of the southwest quarter of said
Section 4, from the west quarter comer of said Section 4, a 3" brus cap, to the center corner of
said Section 4, a 10"x7"x3" stone.
For the purpose of a private driveway.
N IOV0,'3\01\WINIPAIU'ElM.doc
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WARRANTY DBBD
PROJECT NOMBBR: CC 4701-076
PARCBL NOMBBRS 2D, 2~ a 2L
THIS DBBD, made this~~ day of , 1997, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule Ci t y existing under and by
virtue of the laws of the State of Colorado, ("Granter"), whose
legal address is 3400 South Ela ti Street, Englewood, Colorado
80110, and THE COUNTY OF DOUGLAS, ("Grantee"), whose legal address
is 301 Wilcox Street, Castle Rock, Colorado 80104.
WITHBSSBTB, That the Granter, for and in consideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and assigns forever, all the real
property together with improvements, if any, situate, lying and
being in the County of Douglas and State of Colorado, described as
set for in Exhibits 2D, 2K and 2L.
also know by street and number as: vacant land.
TOGBiBBJl, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Granter, either in law
or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO BAVB AID> TO BOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever. And the Granter for itself, its successors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever except as to Parcel 2L, a Right -
Of-Way and Easement Agreement recorded in Book 166, Page 261 of the
records of the Clerk and Recorder of Douglas County.
The Granter shall and will WARRANT AND FOREVER DEFEND the
above bargained premises i n the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any
part thereof.
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IN WJ:TNBSS WJIBRBOP, the Granter has caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
)
)ss
)
Thomas J . Burns,
Mayor
The foregoing instrument was acknowledged before me this~-
day of -,--~-~~=----· 1997, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood, Colorado .
My Commission Expires:
Witness my hand and official seal.
Notary Public
[SEAL]
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "20"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 20
August 23 , 1996
A tract or parcel of land No . 20 of the Department of Transportation, State of Colorado , Project No .
CC 4701-076, containing 2,744 square meters (29 ,536 square feet), more or less , being a portion of
a parcel described in book 133. page 4, Douglas County Records , in Section 4, Township 6 South ,
Range 68 West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel cf
land being more particularly described as follows :
f Beginning at the Center comer of said section 4, a 1 o· x 7• x 3• Stone;
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1. Thence S.0°02'37"W. along the east line of the SW 1/4 of said Section 4 , a distance of 401 .486
meters (1317 .21 feet); to the SW comer of the NW 1/4 of the SE 1/4 of said Section 4 ;
2. Thence N.89°52'12"E . along the south line of said NW 1/4 of the SE 1/4 of said Section 4 , a
distance of 4 .597 meters (15 .08 feet);
·3. Thence S.44.57'25"W., a distance of 6 .511 meters (21 .36 feet) to the west line of the SW 1/4 of
the SE 1/4 of said Section 4 ;
4. Thence s .0•02·3rw. along said west line of the SW 1/4 of the SE 1/4 of said Section 4, a
distance of 1.500 meters (4 .92 feet);
5. Thence S.89°49'25"W., a distance of 6 . 706 meters (22 .00 feet);
6. Thence N.0•02'37"E., a distance of 407 .565 meters (1337 .15 feet) to the north line of the SW
1/4 of said Section 4;
7 . Thence N.a9•40·oa·E. along said north line of the SW 1/4 of said Section 4, a distance of 6 . 706
meters (22.00 feet) to the POINT OF BEGINNING.
The above described Parcel contains 0 .274 hectares/2,744 square meters (0.678 acres/29,536
square feet), more or less .
BASIS OF BEARING : Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
monuments bears : s .a7·1a·29·w. ,.••11 ~·o:•.
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "PARCEL 2K"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2K
February 17. 1997
Parcel 2K of the Department of Transportation, State of Colorado , Project No . CC 4701-076,
containing 12,421 square meters (133,698 square feet), more or less , being a portion of a parcel
described in Book 133, Page 4 , Douglas County Records , in Section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows :
Beginning at a point on the east line of the NW 1/4 of said Section 4, whence the Center comer
of said section 4 , a 10" x 7" x 3" Stone bears S .1°06'01"E., a distance of 312.846 meters (1026 .40
feet);
1. Thence N .78°54'57"W., a distance of 13.981 meters (45 .87 feet);
2 . Thence along the arc of a curve to the left having a radius of 26.900 meters (88 .25 feet), a
distance of 16 .911 meters (55 .48 feet) (the chord of said arc bears N.16°51 '41 "E ., a distance of
16.634 meters (54 .57 feet));
3 . Thence along the arc of a curve to the left having a radius of 207 . 800 meters (681 . 76 feet), a
distance of 28 .979 meters (95 .08 feet) (the chord of said arc bears N.05°08'37"W., a distance of
28 .956 meters (95 .00 feet));
4 . Thence along the arc of a curve to the left having a radius of 210 .531 meters (690 .72 feet), a
distance of 78 .455 meters (257 .40 feet) (the chord of said arc bears N .14°31 '11'W., a distance
of 78 .001 meters (255 .91 feet));
5 . Thence along the arc of a curve to the left having a radius of 215 .000 meters (705 .38 feet), a
distance of 37 .048 meters (121 .55 feet) (the chord of said arc bears N .35°14'57'W., a distance
of 37 .002 meters (121 .40 feet));
6 . Thence N .40°11 '08"W., a distance of 43 .300 meters (142 .06 feet);
7 . Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11 .781 meters (38 .65 feet) (the chord of said arc bears N .85°11 '08'W .. a distance of
10 .607 meters (34.80 feet));
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Thence N .40°11 '08"W .. a distance of 18 .400 meters (60 .37 feet);
Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11 .781 meters (38 .65 feet) (the chord of said arc bears N.4°48'52"E ., a distance of
10 .607 meters (34 .80 feet));
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10 . Thence N.40"11 '08'W., a distance of 106.836 meters (350 .51 feet) to the southeasterly right-of-
way line of the Highline Canal (100 .00 feet wide), as described in book 93, Page 64, Douglas
County Records;
11 . Thence N.69"14'28"E . along said southeasterly right-of-way line of the Highline Canal , a
distance of 31 .811 meters (104 .37 feet);
12. Thence S .40"11 '08"E ., a distance of 96.256 meters (315 .80 feet);
13 . Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11.781 meters (38 .65 feet) (the chord of said arc bears S.85"11 '08 "E., a distance of
10.607 meters (34 .80 feet));
14 . Thence S .40"11 '08"E., a distance of 18 .400 meters (60 .37 feet);
15. Thence along the arc of a curve to the left having a radius of 7 .500 meters (24 .61 feet), a
distance of 11 .781 meters (38.65 feet) (the chord of said arc bears S .4"48'52'W., a distance of
10.607 meters (34 .80 feet));
16. Thence S .40"11'08"E.. a distance of 43 .300 meters (142 .06 feet);
17. Thence along the arc of a curve to the right having a radius of 245 .000 meters (803 .81 feet), a
distance of 42.228 meters (138.54 feet) (the chord of said arc bears S .35"14'52"E .. a distance
of 42.175 meters (138 .37 feet));
18. Thence along the arc of a curve to the right having a radius of 247 .791 meters (812 .96 feet), a
distance of 92 .105 meters (302.18 feet) (the chord of said arc bears S .24"01'55"E., a distance
of 91 .576 meters (300 .45 feet));
19. Thence along the arc of a curve to the right having a radius of 252.000 meters (826 .77 feet), a
distance of 57 .319 meters (188 .05 feet) (the chord of said arc bears S .2"37'09"E., a distance of
57 .195 meters (187 .65 feet));
20 . Thence along the arc of a curve to the left having a radius 41 .900 meters (137 .47 feet), a
distance of 6 .444 meters (21 .14 feet) (the chord of said arc bears S .0"30'31 "E .. a distance of
6 .437 meter (21 .12 feet);
21 . Thence N .68°27'20'W., a distance of 12 .436 meters (40.80 feet);
22 . Thence N.78"54 '57'W., a distance of 23 .696 meters (77 .74 feet) to the POINT OF
BEGINNING .
The above described Parcel contains 1.242 hectares/12 ,421 square meters (3 .069
acres/133,698 square feet), more or less. ~,~~~''''1
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BASIS OF BEARING : Grid bearings were determined by global positioningj·.m._..,~
Bearings are referenced to the line between point 1001 and point 192 . The Ii
monuments bears : S .87"18'29'W.
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "PARCEL 2L"
PROJECT NUMBER: CC 4701~76
PARCEL NUMBER 2L
February 17, 1997
Parcel 2L of the Department of Transportation, State of Colorado, Project No. CC 4701-076,
containing 3 ,150 square meters (33 ,906 square feet), more or less, being a portion of a parcel
described in Book 133 , Page 4 , Douglas County Records, in Section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian , in Douglas County , Colorado, said tract or parcel of land being
more particularly described as follows :
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S.0°34'55"E. 885 .415 meters (2904 .90 feet); Thence S .76°26'41"E., a distance of 610.680
meters (2003.54 feet) to the TRUE POINT OF BEGINNING, said point being also on the
southwesterly right-of-way line of County Line Road ;
1 . Thence along said southwesterly right-of-way line of County Line Road, along the arc of a curve
to the left having a radius of 1769.368 meters (5805 .00 feet), a distance of 30 .598 meters
(100 .39 feet) (the chord of said arc bears S.77°44'21"E ., a distance of 30 .597 meters (100 .38
feet);
2. Thence S.0°55'27"W., a distance of 13.733 meters (45 .06 feet);
3 . Thence along the arc of a curve to the left having a radius of 105.000 meters (344 .49 feet), a
distance of 75.337 meters (247.17 feet) (the chord of said arc bears S.19"37'51"E., a distance
of 73 .732 meters (241 .90 feet));
4 . Thence S .40°11 '0S"E., a distance of 7 .498 meters (24 .60 feet) to the northwesterly right-of-way
line of the Highline Canal (100 .00 feet wide), as described in Book 93, Page 64, Douglas
County Records ;
5 .
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7 .
Thence S .69°14'28-W. along said northwesterly right-of-way line of the Highline Canal , a
distance of 31 .774 meters (104 .25 feet);
Thence along the arc of a curve to the right having a radius of 135.000 meters (442 .91 feet), a
distance of 93 .792 meters (307 .72 feet) (the chord of said arc bears N .18"58'46"W., a distance
of 91 .917 meters (301 .57 feet));
Thence N .0°55'27 "E., a distance of 19 .748 meters (64 .79 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0 .315 hectares/3 ,150 square meters (0 .778 acres/33,909
square feet), more or less .
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BASIS OF BEARING : Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: S.87°18'29W.
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WARRANTY DBBD
PROJBCT JltJIIBBR: CC 4701-076
PARCBL NtJIIBBRS 2H, 2I ~ 2J
THIS DBBD, made this~~ day of , 1997, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by
virtue of the laws of the State of Colorado, ("Granter"), whose
legal address is 3400 South Ela ti Street, Englewood, Colorado
80110, and HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3,
("Grantee"), whose legal address is 62 West Plaza Drive, Highlands
Ranch, Colorado 80126.
WZTNBSSBTH, That the Granter, for and in consideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and assigns forever, all the real
property together with improvements, if any, situate, lying and
being in the County of Douglas and State of Colorado, described as
set for in Exhibits 2H, 2I and 2J.
also know by street and number as: vacant land.
TOGBTBBJt, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Granter, either in law
or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO &VS AIII> TO BOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever. And the Granter for itself, its successors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever .
The Granter shall and will WARRANT AND FOREVER DEFEND the
above bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any
part thereof. •
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IH WITNl:SS WIDDlBOP, the Granter has caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
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)ss
)
Thomas J. Burns,
Mayor
The foregoing instrument was acknowledged before me this~-
day of -=-------,,-:-,-.--• 1997, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood, Colorado.
My Commission Expires:
Witness my hand and official seal.
Notary Public
[SEAL]
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 2H"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2H
February 17 , 1997
Parcel 2H of the Department of Transportation , State of Colorado , Project No . CC 4701-076 ,
containing 1,068 square meters (11,496 square feet), more or less , being a portion of a parcel
described in Book 133 , Page 4 , Douglas County Records, in Section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian , in Douglas County , Colorado , said tract or parcel of land being
more particularly described as follows :
Commencing at the NW Comer of said Section 4 , whence the W 1/4 Corner of said Section 4
bears S.0°34'55"E. 885 .415 meters (2904 .90 feet); Thence S .69°55'55"E ., a distance of 695.162
meters (2280 .71 feet) to the TRUE POINT OF BEGINNING , said point being also on the
northwesterly right-of-way line of the Highline Canal (100 .00 feet wide), as described in Book 93 ,
Page 64, Douglas County Records ;
1. Thence N.40°11 '08-W., a distance of 6 .362 meters (20 .87 feet);
2 . Thence N .69°14'28"E, a distance of 13.833 meters (45 .38 feet);
3. Thence S .20°45'32"E, a distance of 5 .784 meters (18 .98 feet);
4 . Thence along the arc of a curve to the left having a radius of 117 .000 meters (386.86 feet), a
distance of 33 .646 meters (110 .39 feet) (the chord of said arc bears N .57°31 '17"E ., a distance
of 33 .530 meters (110 .01 feet)) to the beginning of a reverse curve ;
5. Thence along the arc of a curve to the right having a radius 103.000 meters (337 .93 feet), a
distance of 66.354 meters (217 .70 feet) (the chord of said arc bears N .67°44'18"E ., a distance
of 65 .212 meters (213 .95 feet);
6 . Thence N .86°11 '37 "E , a distance of 40 .303 meters (132 .23 feet) to said northwesterly right-of-
way line of the Highline Canal ;
7 . Thence along said northwesterly right-of-way line along the arc of a non-tangent curve to the
left having a radius of 315 .383 meters (1034 .72 feet), a distance of 43 .643 meters (143 .19 feet)
(the chord of said arc bears S.73°12 '19-W., a distance of 43 .608 meters (143 .07 feet));
8 . Thence S .69°14 '28-W., a distance of 104 .785 meters (343 .78 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0 .107 hectares/1 ,068 square meters (0 .264 acres/11 ,496
square feet), more or less.
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BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
monuments bears : S .87"18'29"W.
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PARCEL FRnM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 21"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 21
February 17 , 1997
Parcel 21 of the Department of Transportation , State of Colorado , Project No . CC 4701-076,
containing 1,853 square meters (19,945 square feet), more or less , being a portion of a parcel
described in Book 133 , Page 4 , Douglas County Records, in Section 4 , Township 6 South , Range 68
West of the Sixth Principal Meridian , in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows :
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S .0"34'55"E. 885.415 meters (2904 .90 feet); Thence S .66°57'43"E ., a distance of 656 .665
meters (2154.41 feet) to the TRUE POINT OF BEGINNING, said point being also on the
northwesterly right-of-way line of the Highline Canal (100 .00 feet wide), as described in Book 93,
Page 64, Douglas County Records;
1 . Thence along said northwester1y right-of-way line of the Highline Canal, along the arc of a curve
to the left having a radius of 85 .769 meters (281 .39 feet), a distance of 70 .878 meters (232 .54
feet) (the chord of said arc bears S.45"34'00'W., a distance of 68 .879 meters (225 .98 feet);
2 . Thence S .21"53'33'W. along said northwester1y right-of-way line of the Highline Canal, a
distance of 111 .658 meters (366 .33 feet);
3 . Thence along the arc of a non-tangent curve to the left having a radius of 117.000 meters
(383.86 feet), a distance of 51 .744 meters (169.76 feet) (the chord of said arc bears
N.09"13'22"E ., a distance of 51 .323 meters (168 .38 feet)) to the beginning of a reverse curve ;
4 . Thence along the arc of a curve to the right having a radius of 93 .000 meters (305 .12 feet), a
distance of 117.984 meters (387 .09 feet) (the chord of said arc bears N .32.53'49"E., a distance
of 110.229 meters (361.64 feet);
5 . Thence N .69"14'28"E ., a distance of 24 .300 meters (79 .72 feet) to the TRUE POINT OF
BEGINNING .
• The above described Parcel contains 0 .185 hectares/1,853 square meters (0 .458 acres/19,944
square feet), more or less .
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PARCEL 2J"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2J
February 17 , 1997
Parcel 2J of the Department of Transportation, State of Colorado, Project No . CC 4701-076 ,
containing 54 square meters (581 square feet), more or less , being a portion of a parcel described in
Book 133 , Page 4 , Douglas County Records , in Section 4 , Township 6 South , Range 68 West of the
Sixth Principal Meridian , in Douglas County , Colorado , said tract or parcel of land being more
particularly described as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Corner of said Section 4
bears S .0"34'55"E. 885 .415 meters (2904 .90 feet); Thence S .67"34'48"E , a distance of 664 .175
meters (2179 .05 feet) to the TRUE POINT OF BEGINNING , said point being also on the
northwesterly right-of-way line of the Highline Canal (100 .00 feet wide), as described in Book 93 ,
Page 64, Douglas County Records;
1. Thence N.20"45'32"E., a distance of 6 .000 meters (19 .68 feet);
2 . Thence N .69"14'28"W., a distance of 8 .106 meters (26 .59 feet);
3 . Thence along the arc of a non-tangent curve to the left having a radius of 135.000 meters
(442 .91 feet), a distance of 6 .268 meters (20.56 feet) (the chord of said arc bears
S .37"33'09"E ., a distance of 6 .267 meters (20 .56 feet)) to said northwesterly right-of-way line of
the Highline Canal ;
4 . Thence S .69"14'28"W. along said northwesterty right-of-way line of the Highline Canal , a
distance of 9 .917 meters (32.54 feet) to the TRUE POINT OF BEGINNING .
The above described Parcel contains 0 .005 hectares/54 square meters (0 .013 acres/581
square feet), more or less.
BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192 . The line between the two
monuments bears : S .87" 18'29"W.
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March 17, 1997
NTIATEDIIY
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COUNCL COIIIIUNICATION
10 IX
STAFF SOURCE
Subject
Trickling Filter Repair Conatruction
Contract
l.illlelon/Englewoocl Super.,m., CGmmillN Stawat H. Fonda, Utilities Director
Approa NW'ding .. Pt-. lb conalruCtian contract ID Cerm'lc Jones (January 6, 1997 .)
Approva by motion of NW'ding .. lric:kling Mer media pun:haN to Brentwood lnduatrlel (February 18, 1997 .)
RECOTBENDED ACTION
The recommei Nied action Is lo approve by motion awarding • canstruction contract for the lric:kling fllllr l'IIIJIW to
Centric Jones, the Nleded ~ lb COllll'a1or.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDElfTWllED
The secondary trickling 1lller III lhe LllllelonlEngle WWTP ii nal In ..-vice III lhe pr-,t llma due lo the
collapse of the trickling fllllr media. This unit Is requlr9d lo reliably fflNI permit COlldlllol• and rapair.
necenary . Replacamant media ia an order and wit be dallver9d lo ._ plant Illa in lae April .
We recommeild i....._, of .. media be pe,fonned by a COllllac:loi. Canlrtc Jonel w .. IUCC8Uful low
bidder an._~ lb prajact and wa be on._ pla,t • for flat prajed durtng .. lr1c*ling -,...,.._ SIii
and Brown & Caldw8II have nagallltld. conncl .... c.n.tc Jonel to parfarm .. wart. The prapaNd cannct
ii a time and rnltlrilla cannct due to .. rlNd lo have .. -raplliNd • qulddy • poealble. BIIMn &
Caldwell wll perform CIOIIRUdlan maiagarw•lt ..w. and wa c:1o111J rnonllar ._ activl1IN of .. COi.._ to
control coats. Labor 1a1S .. I I PNwd In .. canncl lo prowlda adllllcJIIIII COMal .
Thia wont ii 18111811"91'/ ldladuled to begin In nid Mlrctl and ia lllllndad to be campla in May . Thil ldledula ia
dir9ctlld at starting up the,..,_.._ In June lo_.. can1plla11ce wll't s1rlnglnt am,nauia li,lltllliai• in ..
IUfflll'W months
FINANCPAL .. ACT
The propoNd contract ii • llma and INlarillla contract far .. repair and • llnal coat Is nal available. The COit of
lhe wont ii antic:ipllled lo be betwNn $200,000 and $400,000. n-blda .. nal lnc:ludad in ._ 1997 budget.
Funds .. available in lhe Phae lb budget becaule bids received..,. ... below .. prqec:t ....,_._
UST Of AffACHMENTS
Contract with Centric Jonel
Council Communic:allan • Tricldlng Filler Madia Purc:fae, Ftlbfulry 11, 1997
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March 17, 1997
INITIATED BY
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COUNCIL COMMUNICATION
10 a X
STAFF SOURCE
Subject
Trickling Filter Repair Construction
Contract
Littleton/Englewood Supervisory Committee Stewart H. Fonda, Utilities Director
COUNCI. GOAL AND PREVIOUS COUNCL ACTION
Approval 11J eu IF :pt awarding the Ph8le lb construction contract to Centric Jones (January 6, 1997.)
Approval by motion of awarding the trickling filter media purchae to Brw1twood Industries (February 18, 1997.)
RECOMMENDED ACTION
The recommended action is to approve by motion awardi1g a c:onstruction contract for the trickling filter repair to
Centric Jones, the selecl8d PhaN lb contractol.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENlFED
The secondary trickling filter at the l.illlelOn/Engl WWTP is not in service at the present time due to the
collapse of the trickling filter media. Thia unit la requir9d ID reliably meet permit conditions and repair is
necessary. Replacement media la on order and will ba delivered to the plant site in late April .
We recommend installatiOn ol the media ba perfanned by a ca111rac1Dr. Centric Jones was the succeuful low
bidder on the Ph8le lb project and_. ba on the plant sill tor thal project during the trickling filler repair. Staff
and Brown & Caldwell haMI negotiaad • conlract wllh Cenlrtc JonN lo perform lhla wortt. The piopONd conlract
is a time and materials contract due ID 118 need ID have 118 -'9pand • quickly • poaible. Brown &
Caldwell will perform construction fflalBglfflall wvica and wil cloNly monilor the activiliel of 118 COIIIIM:b ID
control costs. Labor l1lles .. eetllllllMd in .. camac:t ID provide addllial181 CO!*'>I.
This wort is lantlllively scheduled ID begin in mid Mach and la inllnded ID ba m,ipla in May. This 9Chedule is
directed at starting up the repaired filler in June lo ..... complialice with stringant ammonia limilatiol• in the
summer months
FINANCIAL IMPACT
The proposed contract is a time and materials contract for the repair and a llnal coat Is not available. The coat of
the work is anticipated to ba between $200,000 and $400,000. These funds .. not Included in the 1997 budget.
Funds are available in the Phase lb budget bacaule bids received were well below the project estimale.
UST OF ATIACHMENTS
Contract with Centric Jones
Council Communication • Trickling Filter Media~. February 18, 1997
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SECTION 00510
THE CITY OF ENGLENOOD
LITI'LETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
TRICKLING FILTER MEDIA Rm«)VAL AND REPLACEMENT
AGREBMBNT
,.
nus AGREEMENT, made this .la_ day of -~-r.-c._,._.l.__ _____ _
19 91 , by and between the City of !i19lewo~:_colorado,
hereinafter called the •Owner, • and ~+c, ~ ->1QnA..S Co
hereinafter called the •contractor.•
WITNBSSBTH:
WHEREAS, THE Owner has caused a project manual to be prepared
for the construction of the Littleton/Englewood Wastewater
Treatment Plant Trickling Filter Media Removal and Replacement, and
WHBRBAS, the Contractor bas offered to perform the propo•ed
Work in accordance with the teJ:11111 of the Contract, and
ROW, THBRBPORB, in ccmaideration of the mutual covenant• and
agr...nt• of the partie• contained in the Contract and to be
perfoi:med, the Contractor hereby agreea to cClal)lete the .ark at the
Owner'• or Conatruction Manager'• directioa oa a tum and expenaH
bui• at the eat&bliahed unit pricu per the equipaent and labor
•chedul• •hown in Section 00710-6.01 B coatai.Ded herein, or at
mutually agreed rat•• where not itaized, or at the invoice coat
for other subcontractor, equipaent, and material it-in
accordance with the te:cma and ccmditiona herein contained, and the
Owner agrees to pay the Contractor the Contract price baaed on a
time and expenae• bui• u provided herein for the fulfillmmlt of
the work and the perfoniance of the covenant• ••t forth herein.
00510·1
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IN WITNESS WHEREOF, the Parties hereto have executed this
Contract as of the day and year first above written.
BJBCQTIQH BY CITY
ATl'EST: CITY OF ENGLDOOD, COLORADO
By: _________ (Seal) By:
Title
IP A CQRPQBATION
ATTEST:
Title
BJBctrrIQN BY CQNTRAC'J'OR.
Name of Corporation
Address
___________ (Seal) By:
Secretary
IP OTHER TXPI PBG!BIPTI'.QB;
IF AN INPIVXPJD\L;
Duly Authorized Official
Legal Title of Official
_c_~'n.lC.--~&~ __ Co_. ____ ----
CecstAe Le•rraa P&a:t,1a!rA'd:1P
Rama u4 Type of OrgaDi.zation
___ S~1o VJ. ~n:;_~v_e._~· -----
i-M,a W£<?2 '" ftpz, \ 4 -Addre••
By: 2(£/-:f.i_,d;,;~
Maalber v.&. I,,\. 1.1, .. ~..., .][
'1,c.e. v ••• ,o...,'T', IJ11.:o"" Cc~n.,cTw-i.lC'.:IIIP.
Ma& a.r.c ':?f:: '-+1 ae N P+e:T tJ.W ,a:
Title
Title
AddraH
**BIID OP SBCTIOII**
00510-2
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SECTION 00610
THE CITY OF ENGLEWOOD
LITl'LETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
TRICKLING FILTER MEDIA Rm«>VAL AND REPLACEMENT
FAITHFUL PERFORMANCE BOND
mow ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the City of
Englewood, hereinafter designated the •awner,• has, on-----
19 __ , awarded to
hereinafter designated as the •Principal,• a Contract for the
construction of the Littleton/Englewood Wastewater Treatment Plant
Trickling Filter Media Removal and Replacement, and
WHEREAS, said Principal is required under the terms of said
Contract to furnish a bond for the faithful performance of said
Contract:
NOW, THEREFORE, WE, the Principal, and-------------
~-----=--~----:---:-,--:--------.,.....-.......,.---.,.....---.......,.---' .. Surety, are held and firmly bound unto the Owner the penal sum of
~--=--=----~=---,-.......,.~--,-------.,--dollars ($ ______ _
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, ficnl.y by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and faithfully perform the covenants,
conditions, and agreements in the said Contract and any alterations
made u therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, and sball
indemnify and save harmless, the Owner, its officers and agent• aa
therein stipulated, then this obligation shall become null and
void; otherwise it shall be and remain in full force and virtue and
Principal and Surety, in the event suit is brought on this bond,
will pay to the Owner such reasonable attorney's fees aa shall be
fixed by the court.
As a condition precedent to the satisfactory caapletion of the
said Contract, the above obligation in the said amount sball hold
good for a period of one (l) year after the caapletion and accep-
tance of the said work, during which time if the above bounden
Principal, his or its heirs, executors, admin:Istrators, successon
or assigns shall fail to make full, caaplete, and satisfactory
00610-1
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repair and replacements or totally protect the said OWner fran lo••
or damage made evident during said period of one year fran the
date of acceptance of said lfOrk, and resulting fran or caused by
defective material• and/or faulty lfOrkmanahip in the prosecution of
the lfOrlt done, the above obligation in the said amount shall rmaain
in full force and effect. However, anything in this paragraph to
the contrary notwithstanding, the obligation of the Surety here-
under aball continue so long u any obligation of the Principal
raains.
And~ •aid Surety, for value received, hereby stipulates and
agrees that Syatm1 Contracts will be usignad to the General
Contractor and that no change, extension of time, alteration, or
addition to the terms of the contract or to the lfOrlt to be
perfo:cmad thereunder or the apecificationa accompanying the aua,
or the u•ignment of the Syat-Contract• to the General Contractor
•hall, in any way, affect its obligations on thi• bond, and it doe•
hereby waive notice of u•igmnent of Syat-Contracts of any such
change, extension of time, alteration, or addition to the te%1118 of
the contract or to the lfOrlt or to the specifications.
Ill 1fl'l'1IBSS 'IIIIBRBOF, the above bouDdan partiu have executed
this instrument under their seal• thi• _ day of ----...... --
19_, the name and corporate •eal of each corporate party being
hereto affixed and theH pruents duly signed by its undersigned
repre•entative, pursuant to authority of it• governing body.
(Seal)
(Seal)
Principal
Signature for Principal
Title of Signator
aunty
Signature for Surety
Title of Signator
••IIID or SSCTIOII**
00'10-2
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SECTION 00620
THE CITY OF ENGLEWOOD
LITI'LETON/ENGLEWOOD WASTEWATER TREA'IMBNT PLANT
TRICKLING FILTER MEDIA REMOVAL AND REPLACEMBNT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the City of
Englewood, hereinafter designated the •Owner,• has, on------
19 __ , awarded to -----------------------hereinafter designated as the "Principal," a Contract for the
construction of the Littleton/Englewood Wastewater Treatment Plant
Trickling Filter Media Removal and Replacement, and
WHEREAS, said Principal is required to furnish a bond in
connection and with said Contract, providing that if said
Principal, or any of his or its subcontractors, shall fail to pay
for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work contracted to be done, or
for any work or labor done thereon of any kind, the Surety of this
bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and------------
as Surety, are held and firmly bound unto the Owner the penal •um
of
dollars ($ ) lawful money
of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executora, administrators
and successors, jointly and severally, fi%111ly by the•e pre•ent•.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if Aid
Principal, his or its heirs, executora, admini•tratora, succ•••ors,
or a•signa, shall fail to pay for any materials, prcvisiona, or
other supplies used in, upon, for, or about the perfonance of the
work contracted to be done, or for any work or labor thereon of any
kind or for amount due under the Unemployment Inaurance Act with
respect to such work or labor, or for any amounts due, or to be
withheld pursuant to the lava of the State of Colorado, and
provided that the persona, companiea, or coq,orationa so furni•hing
aaid materials, provisions, or other supplie•, appliance•, or power
uae, in, upon, for, or about the performance of the work contracted
to be executed or performad, or any person who perfocaa work or
labor upon same, or any person who suppliea both wrk and
materials, thereto, ahall have ccmplied with the prcvisiona of
Colorado state law, then aaid surety will pay the ...a in or to an
00620-1
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eerNDt DOC aceeding the amount herei.Dabov9 Nt fordl, alld alao
will pay ill caN nit ia brought upan tJu.a bmd, all zaeaneble
attQZMF'• f-.
'Dlt.a baad abal.l inure to the baefit of ear a11111 all penom,
ccwpeniM, aml COEpOr&ticma entitled to file c1•1w Ulllller tbe 1-
of the State of COlorado, ao u to gi,,. a ript of acticm to ti.a
or their uaigm ill an.y auit brought upcm tJu.a baad.
And the aaid SUrety, for value ncei.....S, berebr atipalat• aml
agree• that the Syat-Ccmtracta will be auigaad to the ca.a.ral
Contractor aml that no c:benge, ext-icm of d .. , alteraticm, or
addition of the tum of the Ccmtrac:t or to the 110dt to be
perfoaaad thenuader or the apecificatiau ~ ti. -or
the uaignmant of the Syat-Ccmtncta to the QeDeral. Cmltractor
aball, ill an.y 111a7, affect iu abligatiam of t!lia baad, alld it dou
hereby waive notice of auigmant of Syat-caatracu, or of uay
cbange, extenaion of time, alteration, or additicm to the tum of
the Contract or to the 1IOdt or to the apecificaticma.
I1' 1fl'l'1IBSS IIIIBRBOP, the above boanden partiea bave mcuted
thi• imltrument under their aeala Chia _ day of ------
19_, the :aeme and coq,orate aeal of •ch coq,orate party being
hereto afft.xad and theae preaenta duly aigned by it• UDdenigned
repruentative, punuant to authority of !ta gcweming body.
(Seal)
(Seal)
Signature for PriDcipal Title
lignature for Surety Title
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SECTION 00700
THE CITY OP BNGLBNOOD
LITl'LBTON/BNGLBWOOD IIASTBIIATBR 'l'RBA'IMBNT PLANT
TllCJCLING FILTER MEDIA RBIIJVAL AND RBPLACBMBNT
CONTRACT OVERVIEW
Copiea of the following document• conatitute the project
manual and are included herein for inapection.
1. Contract requirements for Littleton/Englewood
Waatewater Treatment Plant Trickling Filter Media
Removal and Replacement including technical
specificationa and Drawing ClA.
2. EXHIBIT A: Bxisting Conditions · · Technical
specification Sections 11285, Rotary Distributors,
13255, Fiberglass Reinforced Plaatic (PRPl and
Ductwork, and 13561, Plastic Trickling Filter Media,
••or bfermace Ollly• •
3. EXHIBIT B --Copy of purchaae order, quotation,
tecna and specificationa for owner prepurc:haaed
trickling filter media to be inatalled under this
contract.
4. EXHIBIT C: Bxisting Conditiona --•As built•
trickling filter no. 1 mchanical and structural
drawings, ••or lafermace Qlllly• •
The Work covered under this Contract will be perfo%lll8d at the
Littleton/Englewood Wastewater Treatment Plant, 2900 South Platte
River Drive, Englewood, Colorado. The Work includes fU%Uiahing all
labor, materials, and equipment for construction of Trickling
Filter Madia Removal and Replacement, SU11111&rized by, but not
limited to, the following:
1. Removal, atorage and replacaient of existing: foul
air duct, almnioum dmle, rotary diatributor,
electrical and control equipment and appurtenance•.
Syatematic ramoval., invantory, data collection,
atorage and diapoaal. of exiating trickling filter
Dadia as directed by the BDgineer. Receipt, storage
and installation of new trickling filter Dadia.
Th• Contractor will be requirad to furnish perfo%ance and
payment bonda, each in an a1D011Dt not less than 100 percent of the
estimated Contract price of $JOO,OOO.
loO, OOC)
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Thia work shall be cODducced wieh resource• aeparace fran
Pbaae lB concracc reaourcea sou noc co impacc lB concracc and
work in any way.
**BRD OP SBCTIOll**
00700-2
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SECTION 00710
THE CITY OF ENGLEWOOD
LITTLETON/ENGLEWOOD WASTEWATER TREA'IMBNT PLANT
TRICKLING FILTER MEDIA RBK>VAL AND REPLACEMENT
GENERAL CONDITIONS
PART l--GENERAL INFORMATION
l. Ol DEFINITIONS OF WORDS AND TERMS
Where used in the project manual, the following words and
terms shall have the meanings indicated. The meanings shall be
applicable to the singular, plural, masculine and feminine of the
words and terms.
Acc;eptanc;e. Formal action of the Owner in determining that
the Contractor's work has been completed in accordance with the
contract and in notifying the Contractor in writing of the
acceptability of the work.
Act of God. A cataclysmic phenomenon of nature, such aa an
earthquake, flood or cyclone. Rain, wind, high water, or other
natural phenomenon which might reasonably have been anticipated
from historical recorda of the general locality of the work sha1l
not be construed aa acts of God.
Add.and.a. Supplemental written specifications or drawing•
issued prior to execution of the contract which modify or interpret
the project manual by addition, deletion, clarification, or
corrections.
Bia-Offer of a bidder submitted on the prescribed fo~
setting forth the price or prices of the work to be performed.
Bidder. Individual, partnership, corporation, or a
combination thereof, including joint venturers, offering a bid to
perfo~ the work.
Construc;tion tMn•qer. The person deaignated, in writing, by
the OWner to act as its representative at the construction site and
to perform construction inspection services and administrative
functions relating to this contract. Initial contact by the
Contractor with the Owner shall be through the Construction
Manager.
Coptrac;t. The writings and drawing• embodying the legally
binding obligations between the OWner and the Contractor for
completion of the work. The contract comprises the following
documents:
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Project Manual
Advertisement for Bids
Information for Bidders
Bid Proposal
Bonds
General Conditions
SupplementaJ:Y Conditions
Specifications
Contract Drawings
Addenda
Agreement
Notice of Award
Notice to Proceed
Change Orders
Directives
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Contract Drawings. The drawings included in the project
manual plus those prepared by the OWner and the Contractor pursuant
to the terms of the contract. They include:
1. Drawings in Part C of the project manual.
2. Modifying drawings issued by addenda.
3. Drawings submitted by the Contractor during the
progress of the work and accepted by the OWner
either as attachments to change orders or as non-
modifying supplements to drawings in Part C and
drawings issued by addenda.
4. Drawings submitted by the OWner to the Contractor
during the progreH of the work either u
attachments to the change orders or as explanatoJ:Y
supplements to drawings in Part C and drawings
issued by addenda.
Contract Prioe. Amount payable to the contractor under the
terms and conditions of the contract based on the price given on
the bidding schedule, with adjuatments made in accordance with the
contract. The base amount given in the bidding schedule aball be
either a lump sum bid or the 11U111aation of the unit price bida
multiplied by the estimated quantities set forth in the bid form.
Contract Time. Number of calendar days stated in the contract
for the completion of the work or portions thereof.
Contractor. The individual, partnership, corporation, or
combination thereof, including joint venturers who enter into the
contract with the OWner for the performance of the work. The term
cavers subcontractors, equipment and material suppliers, and their
employees.
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contractor's Plant and Equipment. Equipment, material,
supplies, and all other items, except labor, brought onto the site
by the Contractor to carry out the work, but not to be incorporated
in the work.
~. Calendar day.
Direct. Action of the Owner or Construction Manager by which
the Contractor is ordered to perform or refrain from performing
work under the contract.
Directive. Written documentation of the actions of the OWner
or Construction Manager in directing the Contractor.
Equipment. Mechanical, electrical, instrumentation, or other
device with one or more moving parts, or devices requiring a.n
electrical, pneumatic, electronic, or hydraulic connection.
Furnish. To deliver to the job site or other specified
location any item, equipment or material.
Herein. Refers to information presented in the project
manual.
Holidays. Legal holidays dHignated by the state or
specifically identified in the supplementary conditions.
Install. Placing, erecting, or conatructing caaplete in place
any item, equipment, or material.
~-Refers to permiHive actions.
Normal )feather Conditigna. A rain, snow, windstorm, high
water or other natural phenomenon for the specific locality of the
work, which might reasonably have been anticipated fran historical
records of the general locality of the work.
Notice to Proceed. The date upon which the Contractor
receives written authorization fran the OWner to cC111111e11ce Work
under the Contract.
Operation and Maint•n•ac• !Qiffl Information. The information
is specified for sul:lmi.Hion to the Construction Manager in
accordance with Section 01730 of the specifications.
OJmm:. A public or quasi-public agency or authority,
corporation, association, partnership, or individual for whan the
work is to be performed. UDder this contract, the Owner is
identified by name in the agreemant.
Oynar'• B1pr111nt•ti,ve. The person designated in writing by
the Owner to act as its agent on specified matters relating to this
contract.
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Paragraph. For reference or citation purposes, paragraph
shall refer to the paragraph, or paragraphs, called out by section
number and alphanumeric designator. For example, this definition
is found in paragraph 00710-1.0l; permits and licenses are
discussed in paragraph 00710-1.05 B.
Person. The term, person, includes firms, companies,
corporations, partnerships, and joint ventures.
Project. The undertaking to be performed under the provisions
of the contract.
Project Manual. Those contract documents prepared for bidding
and as amended by addenda.
Provide. Furnish and install, complete in place.
Punch List. List of incomplete items of work and of items
of work which are not in conformance with the contract. The list
will be prepared by the Construction Manager when the Contractor
(ll notifies the Construction Manager in writing that the work has
been completed in accordance with the contract and (2) requests in
writing that the OWner accept the work.
ial.J.. Refers to actions by either the Contractor or the
Owner and means the Contractor or Owner baa entered into a covenant
with the other party to do or perfoz:m the action.
S!lmm. Refers to information presented on the drawings, with
or without reference to the drawings.
specifications.
consisting of written
materials, equipment,
workmanship.
That part of the contract documents
descriptions of the technical features of
construction systems, standards, and
Specify. Refers to information described, shown, noted or
presented in any manner in any part of the contract.
Suhgpjttals. The information which is specified for sul:mi.Hion
to the Construction Manager in accordance with Division l of the
project manual.
Substantial Cgmpletion. Sufficient completion of the project
or the portion thereof to permit utilization of the project, or
portion thereof for its intended purpose. Substantial completion
requires not only that the work be sufficiently completed to permit
utilization, but that the Owner can effectively utilize the sub·
stantially completed work. Determination of substantial ccmpletion
is solely at the discretion of the Owner. Substantial completion
does not mean ccmplete in accordance with the contract nor shall
substantial completion of all or any part of the project entitle
the Contractor to acceptance under the contract.
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Substantial Completion Date. Date when the OWner puts into
service the project, or that portion of the project that has been
determined to be substantially complete.
Utility. A public service or business organization or
corporation and its fixed physical assets to provide services
including, but not limited to, electrical power, lighting,
transportation, water, sewage, telephone, natural gas, cable
television, and other public services.
1l1l.J.. Refers to actions entered into by the Contractor or the
OWner as a covenant with the other party to do or to perform the
action.
~-The labor, materials, equipment, supplies, services,
and other items necessary for the execution, completion and
fulfillment of the contract.
1.02 CONTRACT REQUIREMENT
A. SUCCESSORS' OBLIGATIONS:
The grants, ·covenants, provisos and clai.Jll8, rights, powers,
privileges and liabilities obtained in the contract documents shall
be read and held as made by and with, and granted to and imposed
upon, the Contractor and the Owner and their respective heirs,
executors, administrators, successors and assigns.
B. ASSIGNMENT OF CONTRACT:
The contract shall not be assigned in whole or in part without
the written consent of the Owner. Involuntary assignment of the
contract as caused by the Contractor being adjudged bankrupt,
assignment of the contract for the benefit of Contractor's
creditors or appointment of a receiver on account of Contractor's
insolvency shall be considered as failure to comply with the
provisions of the contract and subject to the termination
provisions contained herein.
C. WAIVER. OF RIGHTS:
Except as herein provided, no action or want of action on the
part of the Contractor, Owner, Owner's Representative, or Construc-
tion Manager at any time with respect to the exercise of any right
or remedies conferred upon them under this contract aball be deemed
to be a waiver on the part of the Contractor and OWner of any of
their rights or remedies. No waiver aball be effective except in
writing by the party to be charged. No waiver of one right or
remedy aball act as a waiver of any other right or remedy or aa a
subsequent waiver of the same right or remady.
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1.02 D.
D. OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS:
As provided by Sections 4550 and 4551 of the Government Code,
in entering into a public works contract or a subcontract to supply
goods, se:cvices, or materials pursuant to a public works contract,
the Contractor or subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the C&rtwright Act (Chapter 2 [commencing with
Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or
materials pursuant to the public works contract or the subcontract.
This asaigmnent shall be ma.de and become effective at the time the
awarding body tenders final payment to the Contractor, without
further acknowledgment by the parties.
E. AMENDMENT OF GENERAL CONDITIONS :
These general conditions may be amended only by mutual consent
of the Owner and the Contractor in writing.
1.03 LABOR STANDARDS
A. WAGES:
Federal minimum wage la• shall apply.
B. PREFERENCE FOR RESmBRT LABOR:
In the employment of labor for performance of the work, the
Contractor shall give preference to qualified persons residing
within the general area of the work.
C. HOURS OF LABOR:
Pursuant to the Colorado Labor Code, eight hours of labor
shall constitute a legal day's work. The Contractor or any
subcontractor shall not require any mere than eight hours of labor
in a day from any person amployed in the perfo:r:mance of the work
under this contract. Failure of the Contractor to perform the work
in accordance with this policy of the State of Colorado shall be
deemed a failure on his part to comply with the provisions of this
contract. Contractor and Owner agree that auch failure makes the
Contractor subject to the dismissal provision set forth in 40 CPR
Part 31.
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l.03 D.
D. OVERTIME WORK:
Overtime and shift work may be established as a regular
procedure by the Contractor with reasonal:lle notice and written
permission of the Owner. No work other than overtime and shift
work established as a regular procedure shall be perfo:cmed between
the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or
holidays except such work as is necesaary for the proper care
and protection of the work already performed or in case of an
emergency.
Contractor agrees to pay the costs of overtime inspection
except thoae occurring as a result of overtime and ahift work
eata.blished aa a regular procedure. Overtime inspection shall
include in9pection required during holidays, Saturday•, Sundays and
weekdays between the hours of 6:00 p.m. and 7:00 a.m. Coats of
overtime inspection will cover engineering, inspection, general
auperviaion and overhead expenses which are directly chargeable to
the overtime work. Contractor agree• that Owner shall deduct auch
charges fran payments due the Contractor.
l. 04 LAWS, RBGULATIONS AND PERMITS
A. GBRBRAL:
The Contractor shall give the notice• required by law and
comply with all lave, ordinances, rulH and regulationa pertaining
to the conduct of the work. The Contractor ahall be liable for
violations of the law in connection with work provided by the
Contractor. If the Contractor obaervea that the drawing•, speci-
fications or other portiona of the project manual are at variance
with any laws, ordinances, rules or regulations, he shall promptly
notify the Construction Manager in writing of such variance. The
Owner shall promptly review the matter and, if necesaary, shall
issue a change order or take any other action neceaaary to bring
a.bout compliance with the law, ordinance, rule or regulation in
queation. Contractor agree• not to perform work known to be
contrary to any lave, ordinance•, rule• or regulationa.
B. PERMITS AND LICJENSBS:
Unless otherwiae apecified herein, permit• and licenae• fram
govermaental agenciea which are neceaaary only for and during the
proaecution of the work and the aubaequent guarantee period ahall
be Hcured and paid for by the Contractor. Permita and licenaea of
regulatory agenciea which are neceaaary to be maintained after
completion of the guarantee period ahall be aecured and paid for by
the Owner.
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2.01 A.
PART 2--0WNER-CONTRACTOR RELATIONS
2.01 AUTHORITY OF OWNER
A. GENERAL:
The Owner, acting through the Owner's Representative and the
Construction Manager, shall have the authority to act as the sole
judge of the work and materials with respect to both quantity and
quality as set forth in the contract. It is expressly stipulated
that the drawings, specifications and other contract documents set
forth the requirements as to the nature of the completed work and
do not purport to control the method of performing work except in
those instances where the nature of the completed work is dependent
on the method of performance.
B.
authority
payments,
work, and
AUTHORITY OF OWNER'S RBPRBSENTATIVE:
1. GENERAL: The Owner's Representative has the
to act on behalf of the Owner on change orders, progress
contract decisions , acceptability of the Contractor's
early possession.
2. CHANGE ORDERS: The Owner'• Repreaentative has the
authority to accept or reject change orders proposed by either the
Construction Manager or the Contractor.
3. PROGRESS PAYMBNTS: "nle owner's Representative has
the authority to accept or reject request• for progress payments
which have been submitted by the Contractor and recamnended by the
Construction Manager.
4. CONTRACT DECISIONS: Should the Contractor disagree
with the Construction Manager's decision with respect to the
contract, the Contractor may request that the OWner's Represen-
tative review the Construction Manager's decision and make a
determination on behalf of the Owner in the manner provided under
paragraph 00710-2.05 B.3.
5 . ACCEPTABILITY OP WORJC: The Owner'• Repreaentative
has the authority to make the final determination of the
acceptability of the work aa provided under paragraph 00710-7.05.
The Owner's Repreaentative alao has the authority to accept or
reject the Construction Manager'• recoamendationa regarding
retention of defective work aa provided in paragraph 00710-4.10 B.
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2.01 C.l.
C. AUTHORITY OF CONSTRUCTION MANAGER:
1. GENERAL: The Construction Manager is the
construction site representative of the Owner employed to act as
advisor and consultant to the Owner in construction matters related
to the contract. The Owner has delegated his authority to the
Construction Manager to make initial decisions regarding questions
which may arise as to the quality or acceptability of materials
furnished and work performed and as to the manner of perfo:rmance
and rate of progress of the work under the contract. The
Construction Manager interprets the intent and meaning of the
contract and makes initial decisions with respect to the
Contractor's fulfillment of the contract and the Contractor's
entitlement to compensation. The Contractor sb&ll look initially
to the Construction Manager in matters relating to the contract.
The Construction Manager's decisions are subject to review by the
Owner's Representative in accordance with paragraph 00710-2.05 E.3.
2. IXSPBCTIOlf OP CORSTRtJCTIOll: The Conatruction
Manager shall have access to the work and to the site of the work
and to the places where work is being pr.pared or when materials,
equipment, and machinery are being obtained for the work. If
requested by the Construction Naaager, the Ccmtractor ab.all provide
the usistance necuaary for abtaiaing Reh acc:eea, and •ball
provide information related to the ~iac of caaatruction.
3 . CDIIGB ORDBRS: 'l'he caa.tructicm Nuager baa the
authority to initiate or rec ""1 daDge orden. heh change
orders are subject to review and approval bf the owaar.
2.02 RESPONSIBILITIES OF OIIIIBll
A. ATI'ENTION TO IIORJt:
The Owner shall notify the Contractor in writing of the name
of the Owner's Representative and of the Construction Manager. '1'he
Construction Manager noJ:111&1.ly will be at the site of the work.
During his absences, the Contractor may contact a previously
designated representative of the Construction Manager.
B. OWNER' S BMPLOYBBS:
The Owner shall be responsible for the adequacy, efficiency,
and aufficiency of his employees and of any consultant, aupplier or
subcontractor employed by the Owner.
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2.03 A.
2.03 AUTHORITY OF CONTRACTOR
A. CONTRACTOR'S REPRESENTATIVE:
The Contractor shall notify the OWner in writing of the name
of the person who will act as the Contractor's representative and
shall have the authority to act in matters relating to this
contract. This person shall have authority to carry out the
provisions of the contract and to supply materials, equipment,
tools and labor without delay for the perfo:cmance of the work.
B. CONSTRUCTION PROCEDURES :
The Contractor will supervise and direct the work. Be has the
authority to determine the means, methods, techniques, sequences
and procedures of construction, except in those instances where the
OWner, to define the quality of an item of work, specifies in the
contract, a means, method, technique, sequence or procedure for
construction of that item of work.
C. SUBCONTRACTORS:
Subcontractors will not be recognized aa having a direct
relationship with the OWner . The peraODII engaged in the work,
including employees of llu.bcontractora and aupplien, rill be
cOD11idered mnployee• of the Contractor and their 110rk •hall be
IIUl:>ject to the provi•iona of the contract. Reference• in the
project manual to actiona required of llu.bcontractora, manufac-
turers, 1111ppliers, or any person other than the Contractor, the
OWner or the Construction Manager shall be interpreted aa requiring
that the Contractor shall require such subcontractor, manufacturer,
supplier or person to perform the specified action.
2. 04 RESPONSIBILITIES OF COBI'RACTOR
A. SUBCONTRACTORS, MANUPAC'I'tJRBRS AND SUPPLIERS:
The Contractor shall be reaponail:lle for the adequacy,
efficiency and sufficiency of aubcontractora, manufacturen,
suppliers and their employees.
B. CONTRACTOR' S EMPLOYEES :
The Contractor shall be responail:lle for the adequacy,
efficiency and aufficiency of hia employees. Worken •hall have
sufficient knowledge, •kill and experience to perfo?m properly the
work aaaigned to them.
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2.04 c.
C. PAYMENT FOR LABOR AND MATERIALS :
The Contractor shall pay and require his subcontractors to pay
any and all accounts for labor including Workers Compensation
premiums, State Unemployment and Federal Social Security payments
and other wage and salary deductions required by law. The
Contractor also shall pay and cause his subcontractors to pay any
and all accounts for services, equipment, and materials used by him
and his subcontractors during the performance of work under this
contract. Such accounts shall be paid as they become due and
payable. If requested by the Owner, the Contractor shall furnish
proof of payment of such accounts to the Owner.
D. A'ITENTION TO WORK:
The Contractor, acting through his representative, shall give
personal attention to and shall manage the work so that it shall be
prosecuted faithfully. When his representative is not personally
present at the project site, his designated alternate shall be
available and shall have the authority to act on the contract.
E. EMPLOYEE SAFETY:
The Contractor alone shall be responsible for the safety of
his and his subcontractor's employees. The Contractor shall
maintain the project site and perform the work in a manner which
meets the Owner's responsibility under statutory and camnon law for
the provision of a safe place to work. The Contractor shall caaply
with the Safety and Health Regulations ·for Construction,
Promulgated by the Secretary of Labor under Section 107 of the
Contract Work Hours and Safety Standards Act as set forth in Title
29, CFR.
F. PUBLIC SAFETY AND CONVENIENCE:
The Contractor shall conduct his work so aa to insure the
least possible obstruction to traffic and inconvenience to the
general public and the residents in the vicinity of the work and to
insure the protection of persons and property. No road or strHt
shall be closed to the public except with the permission of the
Construction Manager and the proper governmental authority. Fire
hydrants on or adjacent to the work shall be accessible to fire
fighting equipment. Temporary provisions ab.all be made by the
Contractor to insure the use of sidewalks, private and public
driveways and proper functioning of gutters, sewar inlets, drainage
ditches and culverts, irrigation ditches and natural water courses.
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2.04 G.
G. COOPERATION WITH CONSTRUCTION MANAGER:
The Contractor, when requested, shall assist the Construction
Manager in obtaining access to work which is to be inspected. The
Contractor shall provide the Construction Manager with information
requested in connection with the inspection of the work.
2.05 OWNER-CONTRACTOR COORDINATION
A. SERVICE OF NOTICE:
Notice, order, direction, request or other comaunication given
by the Construction Manager or Owner to the Contractor shall be
deemed to be well and sufficiently given to the Contractor if left
at any office used by the Contractor or delivered to any of his
officers, clerks or employees or posted at the site of the work
or mailed to any post office addressed to the Contractor at the
address given in the contract document or mailed to the Contrac-
tor's last known place of business. If mailed by first-class mail,
any form of commmication shall be deemed to have been given to and
received by the Contractor a day after the ·day of mailing.
8. SUGGESTIONS TO CONTRACTOR:
Plan or method of work suggested by the Owner or the Construc-
tion Manager to the Contractor but not specified or required, if
adopted or followed by the Contractor in whole or in part, shall be
used at the risk and responsibility of the Contractor. The OWner
and the C01111truction Manager aasume no reaponaibility therefor and
in no way will be held liable for any defecta in the work which may
result frccn or be caused by use of such plan or method of work.
C. COOPERATION:
The Contractor agrees to permit entry to the site of the work
by the Owner or other contracton perfoxming work on behalf of the
OWner. The Contractor shall afford to the OWner, other contractors
and their employees, reasonable facilities and cooperation
and shall arrange hi• work and dispose of his materials in such a
manner as to not interfere with the activities of the OWner or of
others upon the site of the work. The Contractor shall promptly
make good any injury or damage that may be sustained by other
contractors or employees of the OWner at hi• bands. The Contractor
shall join his work to that of others and perform his work in
proper sequence in relation to that of others.
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2.05 C.
If requested by the Contractor, the owner shall arrange
meetings with other contractors perfo:cming work on behalf of the
owner to plan coordination of construction activities. 'lbe Owner
shall keep the Contractor informed of the planned activities of
other contractors.
Differences or conflicts arising between the Contractor and
other contractors employed by the owner or between the Contractor
and the workers of the OWner with regard to their work, shall be
submitted to the Construction Manager for his decision in the
matter. If the work of the Contractor is affected or delayed
because of any act or omission of other contractors or of the
OWner, the Contractor may submit for the owner's consideration, a
documented request for a change order.
D. DEVIATION FROM CONTRACT:
Neither the Contractor nor the owner shall make an alteration
or variation in, addition to, or deviation or omission from the
terms of this contract without the written consent of the other
party.
PART 3--MATERIAL, EQUIPMENT ARD WORXMANSHIP
3.01 GENERAL
Unless otherwise specifically stated in the contract
documents, the Contractor shall provide and pay for materials,
labor, toola, equipaent, water, light, power, transportation,
aupervision, and temporary construction of any nature, and other
services and facilitiea of any nature, whatsoever necessary, to
execute, complete and deliver the work within the specified time.
Material and equipaent aball be new and of a quality equal to that
specified . Bquipaent offered ahall be current ar:xlifications which
have been in successful regular operation under ccmiparable
conditions. 'lbia requirement does not apply to minor details, nor
to thoroughly demonatrated improvaaenu in design or in material•
of construction. Conatruction work shall be executed in confonaity
with the atandard practice of the trade.
3.02 DD«>NSTRATION OF CCIG'LlllfCB lfITII COlffRACT RBQtJIRBMBNTS
A. INSPECTION:
To d9111DD8trate hi• caapliance with the contract requiraaents,
the Contractor •hall uaiat the CODStruction IIIDager in his
performance of inapection work. Tbe Contractor shall grant the
Construction Manager access to the work and to the site of the
work, and to the places wbere work is being prepared, or wbence
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3.02 A.
materials, equipment or machinery are being obtained for the work.
The Contractor shall provide information requested by the
Construction Manager in connection with inspection work.
If the contract documents, laws, ordinances, or any public
regulatory authority require parts of the work to be specially
inspected, tested or approved, the Contractor shall give the
Construction Manager adequate prior written notice of the
availability of the subject work for examination.
If parts of the work are covered in contravention of the
Construction Manager's directive, the cost of exposing the work for
inspection and closing shall be borne by the Contractor regardless
of whether or not the work is found to be in compliance with the
contract.
If any work is covered in the absence of the Construction
Manager's directive to the contrary, the Contractor shall, if
directed by the Construction Manager, uncover, expose or otherwise
make available for inspection, portions of covered work. If it is
found that such work is defective, the Contractor shall bear the
expense of uncovering and reconstructing. If the work is found to
be in compliance with the contract, the Contractor will be allOlled
an increase in the contract price, or an extension in the contract
time, or both. A change order shall be issued.
3.03 STORAGE OF MATmUALS AND EQUIPMENT
Materials and equipment shall be stored so as to inaure the
preservation of their quality and fitness for the work. Stored
equipment and materials shall be located so as to facilitate
inspection. The Contractor shall be responsible for damages tbat
occur in connection with the care and protection of materials and
equipment until final acceptance of the work.
3.04 MaNUP'AC'l'CRBR'S DIRBCTIORS
Manufactured articles, material and equipment aball be
applied, installed, connected, erected, adjusted, teated, operated
and maintained as recaanended by the manufacturer, unless otherwise
specified. Manufacturer's installation instructions and procedures
shall be provided prior to installation of the manufactured
articles, material and equipment.
3.05 GUARANTEE
The guarantH period shall be for 365 days. Bxcept for work
accepted as substantially canplete, the guarantee period shall
comnence on the date of acceptance of the work. Por work described
as substantially canplete, the guarantee period aball camaence on
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3.05
the date of substantial completion. During the guarantee period,
the Contractor shall, upon the receipt of notice in writing from
the Owner, promptly make all repairs arising out of defective
materials, workmanship or equipment. The owner is hereby autho-
rized to make such repairs, if ten days after giving of such notice
to the Contractor, the Contractor has failed to make or undertake
the repairs with due diligence. In case of an emergency, where, in
the opinion of the owner, delay could cause serious loss or damage,
repairs may be made without notice being sent to the Contractor
and the expenses in connection therewith shall be charged to the
Contractor.
For the purpose of this paragraph, •acceptance of the work•
shall mean the acceptance of the project or a portion of the
project by the owner, in accordance with paragraph 00710-6.04.
•Acceptance of the work• shall not extinguish any covenant or
agreement on the part of the Contractor to be performed or ful-
filled under this contract which bas not, in fact, been performed
or fulfilled at the time of such acceptance. All covenants and
agreements shall continue to be binding on the Contractor until
they have been fulfilled.
The Owner and the Contractor agree that guarantee on the
equipment possessed and used by the Owner in accordance with
paragraph 00710 -7.06 shall ccmaence on the date that the Owner
takes poasession of the equipment and so notifies the Contractor
in writing. Owner and Contractor further agree that such taking
posaesaion and use shall not be deemed aa substantial cc:mpletion or
acceptance of any part of the work. Takeover of equipment aball be
at the Owner's option and will not be made until the equipment can
be put into routine service on a permanent baais.
3.06 MATERIALS AND EQUIPMENT FURBISHED BY 01INER
Materials and equipment specified to be furnished by the Owner
shall be installed by the Contractor. Furnishing of material and
equipment, by the Owner, will be considered concluaive evidence of
their acceptability for the purpose intended. If the Contractor
discovers defects in material or equipment furniahed by the Owner,
he shall notify the Construction Manager. After such diacovery,
the Contractor shall not proceed with work involving Owner-
furnished materials and equipment unle•• authorized by the
Construction Manager. Unleas otherwiae noted or apecifically
stated, materials and equipment furniahed by the Owner, which are
not of local occurrence, are considered to be FOB railroad atation
or truck terminal neareat to the aite of the Work. The Contractor
ahall unload, tran.eport, store and protect auch material and
equipment from damage. After receipt by the Contractor, at the
point of delivery, Owner-furniahed material and equipment aball
form part of the Work, for purpoaea of the Contract, including riak
00710-15
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3.06
of loss, as if it had been supplied and stored by the Contractor
himself.
PART 4 · · LIABILITY AND INSURANCE
4.01 LIABILITY OP CONTRACTOR
The Contractor shall be liable for any and all losses or
damages from whatever cause which, prior to final acceptance, may
occur on or to any part of the work. The Contractor shall not be
liable for losses or damages caused solely by the act of the OWner.
The Contractor shall be liable for damages and injury which
shall be caused to persons owning property, on or in the vicinity
of the work, or which shall occur to a person, or persons, or
property whatsoever, arising out of the Contractor's performance of
this contract. The Contractor's liability shall not be dependent
upon whether or not such damage or injury be caused by the negli·
gence of the Contractor, and whether or not such damage or injury
be caused by the inherent nature of the work u specified.
The Contractor shall indemnify and hold the OWner, the City of
Littleton, Construction Manager, and their officers, principals,
agents, subcontractors, and employees, b.arml••• from any and all
loss, defense cost, expense, claims, deawod or liability
whatsoever, arising from allegatiODS of injuries to persons or
damage to property related to the perfoniance of this contract,
regardleH of concurrent negligence on the part of such indami-
ties. The indemnification obligation shall not be limited in
any way by any limitation on the amount or type of damages, com-
penaation or benefits payable by or for the Contractor or any
subcontractor under workers compensation acts, disability benafit
acts, or other employee benefit act.
In cue suit or legal proceeding shall be brought ag&inat the
OWner, the City of Littleton, the design engin .. r, the City of
Littleton, or their officers, principals, agents, subcontractors,
or employees, on account of loss or damage 8U8tained by person, or
persons, or property, u a result of the performance of the work
covered by this contract, the Contractor agrees to usume the
defense thereof, and to pay the expen.sH connected therewith, and
the judgments that may be obtained against the OWner, the
Construction Manager, Brown and C&ld1Mll, or their officers,
principals, agents, subcontractors, or aiployees, in such suits.
In the event that a lien is placed against the property of the
OWner, the Construction Na.Dager, the design engineer, or their
officers, principals, agents, subcontractors, or 9111loyees, as a
result of such suits, the Contractor agrees to at once cause the
same to be diHolved and discharged by giving boDd or otherwiH.
00710-16
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4.01
The Contractor's agreement to defend and to pay the related
expenses shall exist whether or not such injuries or damage be due
to the negligence of the Contractor, and whether or not such
injuries or damage be caused by the inherent nature of the work, as
specified.
The mention of specific duties or liabilities imposed on the
Contractor shall not be construed as a limitation or restriction of
general duties or liabilities imposed upon the Contractor by the
contract. Reference to specific duties or liabilities is made
herein, merely for the purpose of explanation.
4.02 BONDS
The Contractor shall provide two bonds, each in the amount of
100 percent of the contract price. One shall serve as security for
the faithful performance of the work and the other as security for
the faithful payment and satisfaction of the persons furnishing
materials and performing labor on the work. 'nle bonds shall be
issued by a corporation duly and legally licenaed to tranaact
surety bwliness in the State of Colorado. Such bond.a shall raaain
in force throughout the period required to ccmiplete the work, and
thereafter for a period of 365 calendar daya after final accepcance
of the work. The bonds mu.at be mcuted by a duly licemied aunty
company, which is listed in the latut Circular 570 of the Ullited
States Treasury Department, aa being acceptable aa surety on
federal bonds. No surety's liability on the bonds shall exceed the
underwriting li.mitationa for the respective surety specified in
Circular 570. The scope of the bonds or the fo:cma thereof
prescribed in these contract documents in Section.a 00610 and 00620
shall in no way affect or alter the liabilities of the Contractor
to the OWner as set forth herein.
4 . 0 3 INSURANCE
A. GBNBRAL:
l. BVIDBNCB OF DISlJJtAIICB: Prior to execution of the
contract, the Contractor shall file, with the OWner, evidences of
insurance from the insurer, certifying to the coverage of the
insurance required herein. The evidences of insurance shall be
certified by a properly authorized officer, agent, general agent
or qualified representative of the inaunr, and sball certify
the names of the insured, the type and aaount of i.Daurance, the
location and operation.a to which the inaurallce applies, and the
expiration date. The evidences shall include the agrewnt of the
insurer to give, by registered mail, notice to the owner at 1 ... t
30 calendar daya prior to the effective date of cancellation,
lapse, or material change in the policy.
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4.03 A.l.
This Certificate of Insurance is not an insurance policy and
does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or
condition of the contract with respect to which this certificate is
issued, the insurance afforded by the policies described herein is
subject to the terms, exclusions and conditions of such policies.
2 . CANCELLATION OF IHSURANCE: The Contractor shall
deliver to the Owner policies of inaurance and the receipts for
payment of premiums thereon. Should the Contractor neglect to
obtain and maintain in force such inaurance, and deliver such
policy or policies and receipts to the Owner, then it ahall be
lawful for the Owner to obtain and maintain such insurance. The
Contractor hereby appoints the Owner hi• true and lawful attorney,
to do the things necessary for this purpose. Money expended by the
Owner under the provisions of this paragraph for insurance premiums
shall be charged to the Contractor. Failure of the Owner to obtain
such insurance shall in no way relieve the Contractor of his
responsibilities under this contract.
3 • INSURANCE LIMITS: The Contractor shall carry
throughout the life of the Contract, the inaurnace called for below
in minimum limits u followa:
JJnder section 00110-s,03 a
Public Liability
Property Damage
Under section 00110-s,03 c
Public Liability
Property Damage
M1D1DPP Limitl
$5,000,000
$5,000,000
Min1 n,m Li,mit.1
$5,000,000
$5,000,000
B. PUBLIC LIABILITY AND PROPBRTY DANIGB IRSORAHCB:
The Contractor shall maintain during the life of thi•
Contract, Public Liability and Property Damage Inaurance,
acceptable to the Owner, covering the Work contracted and all
operations in connection herewith, and wbenever any of the Work
covered in the Contract ia to be IIUblet, Contractor•• Contingent or
Protective Liability and Property Damage Inaurance.
Thi• inaurance •hall cover bodily injurie• or death and
damage• to property auffered, or alleged to have been suffered by
any penon or penona by reaaon of or in the coune of operatioaa,
under thia Contract, whether occurring by reason of act• or
omiaaiona of the Contractor, or any IIUbcontractor, of the Work and
ahall include ccmpleted operatioaa and product• liability
00710-18
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4.03 B.
insurance, with limits not less than those specified above, which
shall continue for a period of 365 calendar days after final
acceptance of the Work.
Five certified copies of the policies of five copies of a
certificate evidencing the existence thereof shall be delivered to
the City Clerk upon the execution of this Contract. Bach such copy
or certificate shall contain a valid provision or endorsement that
the policy may not be canceled, tenninated, changed, or modified
without first giving 30 days written notice to the City, which
notice must be sent registered mail, return receipt requested, to
the City Clerk. All Certificates of Insurance shall be provided to
the City prior to the undertaking of any Work by the Contractor.
C. AUTOt«>TIVE LIABILITY AND PROPERTY DAMAGE INSURANCE:
Whenever the Work covered by the Contract shall involve the
use of automotive equipment, the Contractor shall maintain during
the life of the Contract, Automotive Public Li&l:lility and Property
Damage Insurance in limits not less than those specified &l:love to
protect the Contractor from any and all claims arising frcm the use
of the following in the execution of the Work included in the
Contract:
1. Contractor's own autaaobile and trucks.
2 • Hired automobilea and trucks.
3. Automobiles and trucks not owned by the Contractor.
Such insurance shall cover the use of autaaobiles and trucks both
on and off the site of the project. The <>wner shall be furnished,
prior to undertaking any Work, five copies of the certificate or
certificates evidencing such insurance to be in effect.
D. WORltBRS Cc»(l'ENSATION INSURANCE:
"nle Contractor and the subcontractors shall cover or insure
under applical:>le laWII relating to workers cClll)eJlSation or amployers
liability insurance, their employees, working on or about the con-
struction site, regardless of whether such coverage or insurance is
mandatory or merely elective under the law. The Contractor ab&ll
defend, protect, save harmless the Owner frcm and against claims,
suits and actions arising frcm failure of the Contractor or the
subcontractors to maintain such insurance.
B. LIABILITY IRSORAHCB:
Liability insurance shall indemnify the Contractor and hi•
subcontractors against lo•• frcm liability, imposed by law, upon or
ass~ under Contract by the Contractor or his IIUbcontractora, for
damages on account of such bodily injury and property damage. '1'he
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4.03 E.
insurance shall also indenmify the Contractor and his
subcontractors against losses related to canpleted operations and
products. The insurance shall be provided by a comprehensive,
broad form occurrence property damage liability policy written by
licensed underwriters. The policies shall cover operations, owned
and nonowned vehicles and equipment, Contractors protective
coverage blanket, contractual liability, and completed operations
liability. The liability insurance shall not exclude explosion,
collapse, underground excavation, or removal of lateral support and
shall include cross liability. The OWner, the City of Littleton,
Brown and C&ldwell and their officers, principals, agents,
subcontractors, and employees shall be named as insured on the
liability policies.
F. BUILDERS RISIC:
Contractor shall secure all-risk type of builders risk
insurance covering work performed under the contract and materials,
equipment or other items to be incorporated therein, while the same
are located at the conatruction site, stored off site, or at the
place of manufacture. The policy shall cover not less than losses
due to fire, flood, explosion, hail, lightning, vaud&lism., mali-
cious mischief, wind, collapse, riot, aircraft, and smoke until the
date of final acceptance of the work. The policy -Y exclude lo••
or damage caused by or resulting frcm errors in design or fran the
use of substandard materials or supplies uaed knowingly by or at
the direction of the insured, but not excluding results, physical
loss, or damage to other p=operty covered hereunder. Neither
exclusion shall apply in the event of fire, explosion, or acts of
God. The max1mum deductible allowable under this policy shall be
$100,000. The policies providing this inaurance shall aa.. the
OWner, the City of Littleton, Brown and C&ldwall, and their
subconsultants as additional insureds as their reapective interests
shall appear. The making of progress payments to the Contractor
shall not be construed u creating an iDaurable interest by or for
the OWner or being COD.8trued u relieving the Contractor or his
subcontractors of responaibility for loss or direct physical loss,
damage or destruction occurring prior to final acceptance.
PART 5 --PROGRESS MID COMPLITION
5 • 01 NOTICE TO PII.OCBBD
After execution of the contract by the OWner, written notice
to proceed will be gi'Y91l by the OWner to Contractor.
Notwithstanding other provisiOD.8 of the contract, the Contractor
shall not be obligated to perfom lfOrk, and the Olmer shall not be
obligated to accept or pay for work perfonaad by Cha COntractor,
prior to date of the notice to proceed. '!'be OWner's knowledge of
00710-20
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5.01
work being performed prior to date of the notice to proceed shall
not obligate the Owner to accept or pay for such work.
5.02 CONTRACT TIME
A. GENERAL:
Time shall be of the essence of the contract. The Contractor
shall promptly start the work after the date of the notice to
proceed and shall prosecute the work ao that portions of the
project shall be complete within the times specified herein.
Removal, storage, disposal of existing trickling
filter media to begin by March 10, 1997 and be
completed by April 18, 1997.
Installation of new trickling filter media shall
begin on April 22, 1997 upon manufacturer's delivery
and completion of all work shall be on May 30, 1997.
B. CONSTRUCTION SCBBDULB:
The Contractor shall provide a weekly updated conatruction
schedule and reports as specified in Section 01310 for scheduling
and coordinating the work within the contract time. Contract time
extenaions shall be incorporated into updated schedules, reflecting
their effect at the time of occurrence. Failure of the Contractor
to ccmply with theae requiranenta for aubnittal of the construction
schedule and reports shall be cauae for delay in review of progress
payments by the Construction Manager.
PART 6--MBASURBMENT AND PAYMDT
6.01 TDm AND EXPENSE C01'TRACT
A. GBNBRAL:
Whenever the Contractor is directed to perform work on a time
and expense basis, he will maintain accurate records. Bach day a
record of labor, material• and equipaant coats will be aubnitted to
the Construction Manager for verification. The•• records will
reflect the actual and neceasary expenses pertaining to the extra
work and shall be available for audit. Audits conducted under this
provision shall be in accordance with generally accepted auditing
atand&rd.a and eatablished procedures a.ad guidelines of the
reviewing or audit agency(ies).
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6.01 A.
Payment to the Contractor for work performed on a time and
expense basis shall consist of the actual necessary expense for
doing the extra work, plus an allowance of 10 percent of labor,
material and equipinent rental for overhead, general superintendence
and profits, plus 1 percent for bond (for work over $300,000).
This basis of payment applies to work done directly by the
Contractor and to work done by a subcontractor, except the 1
percent allowance for bond shall not apply to work performed by a
subcontractor. When the work is done by a subcontractor, the
Contractor may adds percent to the subcontractor's charges to
cover overhead and profit and 1 percent for bond.
In determining time and expenae ccmpensation, the term •actual
necessary expense• shall aan the IIUlll of (1) materials and equip-
ment, (2) labor, (3) supervision, (4) construction equipment,
(5) professional services, and (6) other costs. Charges for such
items shall mean the actual cost whether incurred by the Contrac-
tor, a subcontractor or others. The it_. making up •actual
necessary expense• are defined as followa.
B. MATBIUALS Al'II) BQOI:PMBNT:
Costa for materials and equipaent provided by the Contractor
and necessarily used in the work shall include applical:lle taxes.
C. LABOR:
Charges for labor shall be baaed on the rates as set forth in
the included schedule shown in 6.01 R --Bquipment and labor
Schedule. The coat of labor shall be the IIUlll of actual wages,
labor surcharge, and subsistence and travel allowances. Actual
wages paid sb&ll include eaployer paynanta to or on beb&lf of the
worker for health and .. 1fare, penaion, vacation and similar
purposes. The labor surcharge includes applicable labor related
taxes, Workers Ccmpenaation Inaurance pnaiua, public liability
and property damage insurance praaiua, and other legally required
coats directly related to labor. llbere aubaiatence and travel
allowance are required for perfonance of extra work, the chargu
shall consist of the actual U1DW1t paid to each worker for these
items.
D. SUPBRVISIOlf:
If, in the C>wner'• judgment, full-time supervision of the work
is required, it will be authorised in writing by the Construction
Manager and charges for such supervision will be included u an
actual necessary expense.
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6.01 E.
E. CONSTRUCTION EQUIPMENT:
Charges for the use of construction equipment required in the
performance of work shall be baaed on rental rates set forth in the
included schedule shown in 6.01 H --Equipment and Labor Schedule .•
If not listed on schedule base on rates aa set forth in the State
of Colorado current official published document covering rental of
equipment used on force account work. Por equipment not listed in
said document, the rental rate shall be aa listed by the local
section of the Associated General Contractors. If the equipment is
not listed by the Associated General Contractors, the rental rate
will be mutually agreed upon in writing between the Contractor and
Owner prior to the use of said unliated equipment. The reasonable
cost of moving equipment onto and off the job site shall be
included, but equipment rental shall not be paid when the equipment
is inoperative due to breakdowns. Individual pieces of equipment
or small tools having a replacement value of $100 or less shall be
considered expendable and no payment therefor shall be made.
When equipment is used on the work for less than five days,
hourly rates shall be used. Less than 30 minutes of operation
shall be considered one-half bour of operations. When equipment is
used on the extra work for more than five days, daily ratH shall
apply. In this case, less than four hours of operation shall be
considered to be one -half day of operation .
P. PROPESSIOlQL SDVICBS:
Professional services shall be included in •actual necessary
expense• provided both the Olmer bas detenained that such services
are necessary and the Construction Manager bas authorized in
writing the provision of such services.
G. OTHER COSTS:
Charges for it._ not included in paragraphs l.01 A. through P
may be included aa •actual necessary expense• if such additional
items are authorized in advance and in writing by the Construction
Manager.
H. EQUIPMENT AND LABOR SCBBDOLB:
Description
--~--t
200 Ton Motor Crane (plus move in/out
and setup of $5,000)
00710-23
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Description Billing Rates, dollars
65 Ton Motor Crane {plus move in/out, 120/hour
and setup)
22 Ton Hydro Crane (plus move in/out) 90/hour
950F Loader (plus move in/out) 70/hour
csooo TelescOPing Boan Forklift SO/hour
Pressure Washer 50/day each
Cargo Net, skip boxes (12' X 12' -$800 Purcbaae price
ea)
Tandem DumD Truck (lOCYl SO/hour
Trailer Dume Truck (lSCY) 60/hour
Pickup Trucks 50/dav each
2-Ton Stake Bed Truck 100/day each
Tool (storage) Van SO/day each
30CY Roll-off Containers (+/-$335 per Prevailing rate
dumc)
San-o-let 100/month each
. Equipment ratea are operated with fuel, oil,
insurance, and repairs)
All equipment ratea are portal to portal travel -
2 hour mhdmmn, extra charge for hauling boom and
counterweights. . Equipment standby rates will be hourly rate leH
appropriate operator rate below. . Ni•cellaneoua specialty tools will be at purchue
rate.
Labor
Construction Manager
Project Manager
Assist PM/Office Bnciineer
Safety Suoerviaor
Sugerintendent
Mechanical Suoerintendent
Assistant Sut>arintendent
00710-24
88.75
87.75
52.00
55.00
65.00
50.00
50.00
Z,-4711-11
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Description ""· Billing Rates, dollars
Plumber/Pitter Foreman 33.10 \
Plumber/Pitter 31.10 \
Millwright Foreman 28.50 I
\
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Millwright 26.50 I
ODerator (crane) 27.80
Ooerator (loader) 27.15 '
ODerator (forklift) 26.60 \
can>enter Foreman 26.70 I
can,enter 24.70
Labor Foreman 28.30 i
Skilled Labor 26.30 ;
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General Labor 19.,&0 I
. Labor rates include workman' s CCJ11118DNtion
insurance, burden and fringe benefita. . All equipneat and labor ratu are straight time
during normal working houn.
Small tools will be billed at 5 oercent of labor.
'!O'l'AL ftll COSTS Wu.L a NHSWD D 10 mt ,1n, ... emu
ft%CIIIQ DCLUDU 110..., ca mn.ama•• am 1--aw:a
If we are contracted, we agree to sign the agr• at without
qualificatioaa &Dd to furnish the perfo:mance and payaent bcmda and
the required evidences of inaurance within 10 calendar daya after
receiving written notice of the award of the contract.
We turther agree, if a contract for perfo~ce of the work is
entered into with the Owner, to so plan work and to proaecute it
with such diligence that the work shall be completed within the
time stipulated.
I. PROGRBSS PAWS:
1. PADIDT UQOBST PROCBDOUS: By the third day of
-ch month, the Contractor shall submit to the Construction Naa.ager
a partial payment estimate filled out and signed by the Contractor
covering acceptable work perfo:mad during the pravioua month,
or since the lut partial payment •tia.te ..a submitted. If
00710-25
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6.01 I.1.
requested by the Construction Manager, the Contractor shall provide
such additional data as may be reasonably required to support the
payment estimate. Such data may include satisfactory evidence of
payment for equipment, materials and labor including payments to
subcontractors and suppliers. Request for payment for delivered
equipment and material sball be accar;,anied by certified invoices
by the suppliers. Such equipaent and material shall be suitably
and safely stored at the site of the work.
2. REVIEW PROCBDORES: Within 10 days after receipt of
the partial payment estimate, the Conatruction Manager will revi-
the estimate and either indicate in writing to the owner's
Representative his concurrence with the estimate and his
recamnendation that payment be Dade, or indicate in writing to the
Contractor his reasons for not concurring with the estimate. If
the Construction Manager recannends payment and the Owner's
Representative concurs, the Owner will, within 30 days after
receipt of the Construction Manager'• reconnendation, pay the
Contractor a progress payment on the basis of the approved partial
payment estimate. The payments will take into account the
retention provisions provided for herein.
In the event the Construction Manager does not concur with the
estimate, the Contractor may make the changes necessary to obtain
the Construction Manager's concurrence and resubait the partial
payment estimate, or subllit the original progress payment estimate
directly to the Owner'• Representative, indicating in writing his
reasons for refusing to make the changes necessary to obtain
concurrence.
3. UIENTIOK: The owner shall retain a percentage of
each payment except u specified below. The retained amount is
available for the protection and payment of the person, or penons,
mechanics, subcontractors, or materi•Jmen who shall perfoaa labor
upon the contract or *>rk thereunder, and penons wbo shall supply
such penon, or pencms, or subcontracton with CClll>O"ftt• and
supplies for carrying on such work.
The owner shall retain 10 percent of uch progreH payment
except and at the sole discretion of the OWDer:
a. WbeD the work is 25 percent COlllplete, if the
Contractor is on or ahead of schedule and the
*>rk is proceeding satisfactorily, the
retention may be reduced to 5 percent of each
paymnt until the work is 50 percent c0111plete.
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6.01 I.3.
b. At so percent completion, if the Contractor is
on or ahead of schedule and the work is
proceeding satisfactorily, no further amounts
may be retained from future progress payments.
In no case will retainage be less than required by applicable lawe
and regulations. At any time during the project the Contractor
fails to maintain the progress of the work on or ahead of schedule,
the OWner may resume retainage of 10 percent of the amount of total
progress payments to date until the Contractor is on or ahead of
schedule or until final completion.
J. FINAL PAYMENT:
The OWner will make final payment to the Contractor in the
manner provided by law following the expiration of 35 calendar days
after acceptance of the work and filing of the notice of completion
by the OWner providing no liens or claims are outstanding. Final
payment shall include the entire sum found to be due hereunder
after deducting therefrom previous payments and such other lawful
amounts as the terms of this contract describe. Prior estimates
and payments, including those relating to extra work or work
omitted, shall be subject to correction by the final payment.
Acceptance by the Contractor of final payments shall be and
shall operate as a release to the OWner of all claims and all
liability to the Contractor other than claims in stated amounts
that may be specifically excepted by the Contractor for thing• daDe
or furnished in connection with this work and for every act and
neglect of the OWner and others relating to or arising out of this
work. Payment by the OWner shall not release the Contractor or
his surety from any obligation under the contract or under the
performance bond and payment bonds.
6.02 SUBSTANTIAL COMPLETIOB
The Contractor, on considering the work to be substantially
complete and ready for its intended use, shall so notify the
Construction Manager in writing. The notification sball include an
itemized list of remaining incomplete work. If the Construction
Manager determines that the work is not substantially complete, be
will so notify the Contractor in writing identifying the reasons
for such a determination. If the Construction Manager finds the
work substantially complete, he will meet with the Contractor to
Cl) prepare a punch list of incomplete it .. of work: (2) define
the division of responsibility between Owner and Contractor with
re•pect to •ecurity, operation, maintenance, heat, utilities,
insurance, and warrantie•: and (3) describe any other issues
related to acceptance of the substantially completed work. tJpol1
reaching agreement with the Contractor, the Construction Manager
00710-27
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will write to the OWner, certifying that the work is substantially
complete, listing the items of incomplete work, stating the date
for completion of incomplete work, defining the division of
responsibilities, and setting forth any other terms related to
acceptance.
The Owner, who ha8 sole discretion for determination of
substantial completion, will review the Construction Manager's
certification that the work ia IIUbstantially complete and con-
curring with that certification, will notify the Contractor,
in writing, that the work is accepted u IIUbstantially ccmplete.
Except for any po~ion(s) of work specified for early completion or
required by the Owner for early possession (paragraph 00710-7.06),
substantial ccmpletion will not occur for any work until the entire
project is ready for possession and use. The acceptance notice
will include a punch list of incomplete work items, set the date
for their completion, describe the division of responsibility
between the Owner and Contractor, and describe any other terms of
acceptance. The Contractor will acknowledge receipt of the
acceptance notice in writing, indicating acceptance of all of its
terms and provisions.
Upon receipt of the Contractor's acknowledgment letter, the
Owner shall take possession of the work or portion of the work
and put it into its intended service. The date that the work or
portion of the work is put into service will become the date of
substantial ccmpletion. Unless otherwise specified, warranties
will begin on the date of substantial completion.
Subsequent to the IIUbstantial ccmpletion date, the OWner may
exclude the Contractor frcm the work during such periods when
construction activities might interfere with the operation of the
project. The Owner, however, shall allow the Contractor reaaonable
access for completion or correction of inccmplete punch list itema.
6.03 ACCEPTANCE OF TBB PROJECT
Upon completion of the work, including portions of the work
previously accepted u subatantially ccmplete, the Contractor shall
so notify the Construction Manager in writing. tJpon receipt of the
notification, the Construction Manager will detexmine if the work
conforms to the terms of the contract. If he finda material•,
equipment, or worlcmanship which do not meet the texma of the con-
tract, he shall prepare a punch list of such itema and aubnit it to
the Contractor. Following completion of the corrective work by the
Contractor, the Construction Manager shall notify the Owner that
the work has been completed in accordance with the contract. Pinal
determination of the acceptability shall be made by the Olmer.
tJpon acceptance of the project, the Owner shall 1nnediately file a
notice of completion. Por portions of the project not pravioualy
00710-28
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accepted aa aubatantially caaplete, the conditiona of guarantee
aball cmmaence on the date tbat the OWDer file• a notice of
caapletion.
'1'he final application for payment llball be accCJ11>9n1ed by
all requirad documantation called for in the ccm.tract including
caaplete and legally effective re1 .... or w.iVU"a of lieaa in a
fona acceptable to OWDer. Subject to prior approval of C>lnler,
Contractor -Y aumit in lieu of the lien rel ..... and w.ivara:
(ll receipts of releuea in full; (2) &11 affidavit tbat the
releuea and receipt• cover all labor, aervic•, 1ateri&la, and
equipDent for which a lien cow.d be filed and tbat all payroll•,
ateriala, and equipaent bill• and other indabt.,.,_• ccmnected
with the work for which OWner or Owner'• property aight in an.y
way be ruponaible bave been paid or otherwiae aatiafied; and
(3) conaent of the aunty, if any, to final pa,-nt. If an.y
au.bcontractor or aupplier fail• to furniah a rel ... • or receipt
in full, Contractor -Y furniah a bond or other collateral
Atiafactory to Olmer to 1ndem1fy Olmer againat an.y lien.
If, after raviewing the Contractor'• final application for
payment including all docuaantation required, the Conatruction
Manager detenn1nN tbat the writ ia c:aaplete, be will no nd
that final payment, including all ret:aiDagea, be am by the Omer.
The final payment will be due and payable by tbe Omar within 30
daya after an.y legal notice perioda baV9 apincl.
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SECTION 01013
SPECIAL CONSTRUCTION CONTROLS
l. 0 MAINTENANCE OF TRAFFIC
The Contractor shall be responsible for the safety of traffic
within the project limits and on the approaches and entrances to
the project. The Contractor shall furnish, erect, and maintain
such warning devices required by local regulations and codes to
protect the public and plant personnel.
Unless permission to close a public street or plant road is
received in writing fran the proper authority, all excavated
material shall be placed so that vehicular and pedestrian traffic
may be maintained at all times. If the Contractor's operations
cause traffic hazards, he shall repair the road surface, provide
temporary ways, erect wheel guards or fences, or take other
measures satisfactory to the Construction Manager.
Detours around construction will be subject to the approval of
the proper authority and the Construction Manager. Where detours
are permitted, the Contractor shall provide barricades and signs to
divert the flow of traffic. While traffic is detoured the
Contractor shall expedite construction operations. Periods when
traffic is being detoured will be strictly controlled by the
Construction Manager.
Night watchmen may be required where special hazards exist, or
police protection provided for traffic while Work is in progress.
The Contractor shall be fully responsible for damage or injuries
whether or not police protection bas been provided.
2 . 0 PROTECTION AllD RELOCATION OF EllSTI1IG STRUCTDRES AllD OTILrrUS
The Contractor shall assume full responsibility for the
protection of all buildings, structures, and utilities, public or
private, including pole•, signa, service• to buildings, utilitiea
in the street, gaa pipe•, water pipea, whether or not they are
shown on the Drawings. The Contractor shall carefully aupport and
protect all such structures and utilities fran injury of any kind.
Any damage resulting fran the Contractor's operationa shall be
repaired by him at his expense.
3 • 0 CLBANING AllD ~ PllOCBSS tJllITS AND P:IPDIG TO SBRV:ICB
The interior of all proce•• units, piping and fitting• aball
be thoroughly cleaned of all foreign matter prior to being returned
to aervice.
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4 • 0 BQUIPNBll'l' AIU) MATBRIAL DBLIVBRDS
The Contractor shall notify all subcontractors, aupplien, and
others that deliveries shall only be permitted through certain
plant accea• gates u specified in Section 01015-4.0. Deliveries
llball only be permitted between the daylight houra betweeD 7:00
a.m. and 5:00 p.m., Monday through Friday. Special a.rrangeaenta
aball be l8de by the Contractor with the owner for deliveriu on
S&turdaya.
**DD OP SBCTI05**
01013-2 . : '
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PART 1--GENERAL
1.01 DESCRIPTION
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SECTION 01046
Dm«>LITION AND SALVAGE
A. SCOPE OF WORlt:
This section includes materials and equipment to be salvaged
and returned to the OWner; or demolished and removed from the site
as trash by the Contractor or equipment to be salvaged and reused.
Furnish all labor, material, equipment, and incidentals
required to demolish, modify, or alter, existing facilities aa
shown or specified and as required for the installation of new
mechanical equipment, piping, architectural features and
appurtenances. Existing piping and equipment shall be removed and
dismantled as necessary for the performance of structural,
architectural, and piping alternations in accordance with the
requirements herein specified.
B. PERFORMANCE RBQUIRBMENTS:
1. EXISTING COfiDITIORS: Contractor shall visit the
site and inspect the nature and condition of all facilities to be
demolished, partially demolished, modified, or altered in any way.
2. SALVAGE: Ally it .. specifically indicated to be re-
used or designated to be salvaged for OWner's own purposes shall be
carefully removed, and be relocated to designated storage areu on
the project site. Contractor shall protect salvaged equipment and
materials from weather, staining, construction damage, theft, and
vandalism. Arrange storage to facilitate inspection by
Construction Manager.
3. DD«>LITIOB AND DISPOSAL: All other materials
removed under the demolition Work, including di111111111tled equipaant
and materials, piping, pumps, fittings, valves, machinery, gates,
concrete equipment pads, miscellaneoua and structural •tals,
masonry, and other construction debris shall beccme the property of
the Contractor and be removed from the site as truh. Traah and
debris shall be disposed of legally, off the site, by Contractor.
Upon removal from site, Contractor shall have the rights of salvage
of materials.
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l.02 A.
l.02 QUALITY ASSURANCE
A. PROTECTION OF EXISTING FACILITIES:
The Contractor shall diligently protect existing structures
and property of the Owner while proceeding with Work of this
section and the entire Contract. All damage shall be repaired at
once to the satisfaction of the Owner. All such repairs shall be
at the expense of the Contractor and no claima for additional
payment will be accepted.
When removing materials or portions of existing structures and
when making openings in walls and partitions, the Contractor shall
provide barriers, dust screens, and other protective devices ao as
not to damage the structures beyond the limits necessary for the
new Work, nor to damage the structures or contents by falling or
flying debris nor to transfer any heavy shocks and vibrations to
structures to remain. Swinging weights shall not be used to
demolish structures.
PART 2 · · BXBCCTION
2 • 01 ITEMS TO BB SALVJIGBD ARD RBUSBD
Contractor shall request the Construction Manager to identify
all items to be salvaged prior to the atart of the Work. Salvaged
itema ahall be properly diaccmnected to retain their full value and
cleaned before being reinatalled. Salvaged it-ahall include:
1. Foul air duct.
2. Aluminum dame trickling filter cover.
3. Rotary distributor.
4. Electrical and inatrumantation equipnent and
appurtenances.
2 • 02 EXISTING MEDIA RBH:JVAL ARD DISPOSAL
Contractor shall apecifically locate modules prior to :raaoval,
remove, aeparate, weigh, mu.aure, pallet, a.ad diapose of exiatiDg
modules aa directed by Engineer.
Bxiating modules have been in service for 5 yeara. '1'bey ba'V9
been uaed to process primary damestic a.ad induatrial ... tu.
Contractor is required to provide all necuaary aafety a.ad
protection proviaiona for their anployen. -loyeea baDdling
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modules aball be outfitted at a m:io:imm but not limited to the
following:
Tyvek suit•
Leather glOYU
RMpiraton
Bud bat
safety gla ....
Rubber boots
Proper care to -aure llOrkmaD and public protection ia required at
all t:mH.
HIIII) OP SBC'l'IQIIH
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SECTION 01500
CONTRACTOR'S UTILITIES AND TEMPORARY FACILITIES
1.0 OFFICE
Office location and employee parking within the plant site
shall be restricted to the areas designated on the drawings.
2.0 POWER
The Contractor sba.11 provide power for construction at the
plant site. Be shall make arrangements with the electrica1 utility
and with the Owner for power takeoff points from existing on-site
services, voltage and phasing requirements, transformers and
metering and shall pay the costs and fees arising therefrom. The
Contractor shall provide meters and the special connections
required for his Work. The Contractor shall make arrangements with
the public service company for direct billings to the Contractor at
his business address, not to the plant site.
3.0 SANITARY FACILITIES
Existing plant sanitary facilities are not available for the
Contractor's use. The Contractor shall provide toilet and washup
facilities for his work force at the site of Work. They shall
comply with applicable lava, ordinances, and regulations pertaining
to the public health and sanitation of dwellings and camps.
4.0 WATER
Nonpotable water (311), up to 100 gpn, will be available at no
cost to the Contractor u long u its uae does not hamper plant
operation u deteJ:mined by the Owner. The Contractor shall provide
the necessary connections to the plant water supply and the
conveyance facilities required for his Work.
The source of the 311 water is the plant-water pump station at
the chlorine contact t&Dka. The 3W is not to be used for drinkiDg
or body contact purposH. The 3W nay contain fecal coliform frcm
plant processes u peJ:111i.tted by the discharge permit. The 3W shall
not be used for mixing concrete or grout or in other admixtures to
be incorporated in the Work. It may be used for washing tools or
equipment and in soil moisture control, nonpotable pipe testing,
and tank leakage testing.
The Contractor shall naintain the integrity of the existing
water syst .. and shall provide and naintain ... ny visible ..ming
signs at all 3W water taps or base bibs stating, •D111I1G · DO IIOT
DRDIK, RBCYCLBD IGSTBIIATD. ! •
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The Contractor shall provide potable water for all personnel
engaged in construction activities at the job site, (also see
Safety and Health, Section 01060 for wash facilities). He shall
make arrangements with the water utility and with the Owner for
potable water takeoff points, and temporary metering and shall pay
the costs and fees arising therefrom.
5.0 ACCESS ROADS AND PARICING
Areas for Contractor use as shown on the drawings are in
nonpaved and nonplanted areas . The Contractor &ball provide and
maintain temporary crushed gravel surface• to pe%11lit easy access by
the Contractor's employees, the Owner and Construction Manager.
The Contractor shall also provide and maintain identical surfaces
to the Construction Managers field offices.
The Contractor shall provide mud control during wet-weather
and snow removal during snow periods for his facilities as well as
the Construction Manager's. Temporary road surfaces shall be
maintained to prevent tracking mud onto plant roadways.
The Contractor shall provide salts or labor for removing ice
and S11ow accumulations at both the Contractor's facilities and the
Construction Manager's field office.
The Contractor shall provide whatever procedures or means
required to prevent abnormal dust conditions during dry-weather to
the satisfaction of the Construction Manager.
6.0 S'l'OUGB YARDS
The Contractor shall conatruct tmaporary •torage yarda for the
•torage of material• that are not aubject to duag• by .... ther
conditiona in the areaa ahown on the drawing•. Materials such u
IIUlll.ight re•i•tant pipe, reinforcing and •tructural •teel shall be
stored on pallets or racks, off the ground and in a manner that
allowa ready access for inapection and inventory. Taaporary gravel
surfacing of the storage yarda &ball be provided and maintained by
the Contractor to allow ace••• and prevent tracking of mud onto
plant roada .
7.0 RUBBISH DISPOSAL
During the course of the Contract, the Contractor ahall
provide, maintain, and pay for all coats usociated with a rubbish
collection aubcontractor. Rubbish &ball be collected in containan
of suitable •ize or number to prevant piling of rubbish outsida of
the containers. Collection and disposal &ball be perfo:mad at
regular interval• or u needed to keep rubbi•h build-up UDder
01500-2
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control. Containers shall not peJ:mit rubbish to be wind blOIID out
of the container.
Solvents, greues, oils, and other such ... tea shall be
packaged and disposed of by other qualified carriers in a laDIUlr
required by the lawa governing the handling of auch aateriala.
8.0 SBctmITY
'1'be treatment plant aaintaina a 24-hour per day staff that
uses a skeleton crew at night. Bawever, the Contractor shall
provide, iaintain, and pay for security services, fences, and
lighting to protect stored iaterial and equipment and field
offices.
9 • 0 RBIIJVAL OP TEMPORARY PACILrrIBS AND trnLITXBS
At such time or it,ma any temporary construction facility and
utility are no longer needed for the Work, the Contractor shall
notify the Construction Nanager of hi• in.tent and schedule for
raaoval. The Contractor shall disconnect and/or di-ntle or
raDDVe such it-of this section fram the site u bis property,
including acce•• roads and parking areas. Tbe contractor aball
1-ve the aite in a condition u specified in. Sections 01700 and
01710 and u shown on the drawings.
ID unfinished area.a, the coaditioa of the aite aball be left
in a way that will rutore original drainage, be avan.ly gradad,
incorporate eroaion control and left with Ul appearam:e equal to or
better than the original condition. Precoaatruction pbotograpba
aay be used to -•i•t in determining tbeae requizwnu bave been
Atiafied.
••m> OP SSCTIOII••
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PART 1--GENERAL
1.01 DBSCRIPTION
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SECTION 01640
BQUIPMBNT AND MATERIALS
TO BB REUSED
A. SCOPE OF IIORIC:
'l'hia aection specifies equipment and materials in the exiating
plant that aball be salvaged and reinatalled under this Contract.
'1'he Contractor shall furnish all labor, materials, equipment,
and incidentals required to provide all d:Jawatling and salvage
Work. Piping and equipment, complete with motora, drivea, and,
where applicable, drive controls, aball be salvaged and reinatalled
as specified in this section and as shown on the drawings.
B. PBRFORJGNCB RBQUIREMBNTS:
Salvage Work aball be coordinated with the Ownar to enaure
that it doe• not interfere with plant operatioaa and aball cODfom
to the requirement• of Section 01014, Work Sequence.
The Contractor ahall notify the Conatruction Nanager
aufficiently prior to beginning any aalvage Work ao that the proper
aalvage it-are identified and the condition of the aalvage it•
and adjacent equipment, piping, and auucturea can be docmmited
and any preparationa needed to be perfoJ:Jad by the Owner e&11 be
completed.
Contractor aball carefully~ exiating it-to be re-
uaed. 'l'be Contractor ahall handle, lWIIOYe, atore and reinatall
it-of thia aection in uad•eged condition. It-deaignated to
be re-uaed which, in the opinion of the Conatruction NII.Dager, are
damaged beyond re-uae by the Contractor u deteEmined by the
Conatruction Manager ahall be replaced with equivalent on it-by
the Contractor at no coat to the Owner.
PART 2 --PRODUCTS
2.01 LABELS
Bach ayat• e(llll)Ollent aball be labeled for identification by
the Contractor uaing aametaga and nameplat .. u approved by
Conatruction Nanager.
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PART 3--EXECUTION
3.01 SALVAGE
A. GENERAL:
0 -
3.01 A.
Prior to salvaging, cleaning, and reinstalling, the Contractor
shall review all operations and maintenance material regarding the
equipment. Operationa and maintenance material can be obtained
from the OWner. In addition, the Contractor shall contact the
manufacturer to verify procedures and identify special precautions
prior to performing the Work.
Salvage shall include disconnecting the equipment from the
existing piping and floor; disconnecting all wiring and control
panels; disconnecting existing conduit, valves, and appurtenances.
The equipment, controls, and appurtenances shall be relocated and
installed aa required.
B. CLEANING:
Prior to removal, equipment and pumps shall be cleaned by the
Contractor using an appropriate soap or solvent recommended by the
manufacturer and rinsed. Blectrical items shall be wiped clean and
dusted.
3.02 INSTALLATION, TBSTDIG, AND C01e1ISSIONING
A. IRSTALLA.TIOlf:
The Contractor shall install the complete systems in the
general arrangaaent and where shown on the drawing'a and as
specified. The Contractor shall install and teat each complete
system and each ayatmn con;,cmeat in strict confoaance with the
manufacturer's written reconneadationa. Installation shall be
performed by mechaniCII skilled in Work of this kind. The equipment
shall be checked, aligned, and approved for start-up by the
manufacturer's factory trained representatives. Bach system
component shall be reviewed and approved by the applicable
manufacturer prior to start-up of the complete ayatem. The
manufacturer having unit responsibility shall arrange and
coordinate such reviews between component manufacturers and the
Contractor.
B. TBSTING:
The Contractor shall arrange and schedule testing and
caamiaaioning with the Construction Ma.Dager.
**BND OP SECTION**
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PART 1--GENERAL
1.01 DESCRIPTION
A. SCOPE:
0
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SECTION 13561
PLASTIC TRICKLING FILTER MEDIA
This section specifies media for one trickling filter (TF).
All filter media shall be manufactured by Brentwood Industries.
The Cities of Littleton/Englewood have negotiated a guaranteed
price quotation for the media of $490,000 from Brentwood.
B. TYPE:
Media shall be the modular plastic type, with modules
fabricated of molded plastic sheets. The media module shall be of
a cross-flow design with geometric and physical characteristics
described in paragraphs 13561-2.02 and 13561-3.02. The media shall
allow for horizontal hydraulic redistribution within the module.
All media shall be designed to resist UV radiation.
C. PROCESS DESCRIPTION:
The trickling filter will provide treatment of primary treated
municipal wastewater. The media shall be installed in one existing
trickling filter. The media will be supported on the existing
system of precast beams and columns overlain by grating. The
filters will be covered and ventilated with forced air. Liquid
will be applied to the media by rotary distributors.
D. DESIGN DATA:
The media shall be furnished for the trickling filter(s) in
accordance with the following:
ff
1. lfumber of trickling filter• 1
2 . Trickling filter inaide di ... ter, ft. 105
3 . Media dar>th, ft. 1'
4 . Rotarv di•tributor center i:,ier outaide di ... ter ft . X ft. 6.0 X 6.0
5 . Media -cific aurface area, for clean Mdia, ft2 /ftl 27 to 31 ,. Volumetric void ratio for clean aedia ai~. narcent H
7 . Hydraulic loading rate, gpa/ft2
llax:i•• 1.92
lliniaa 0.70
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l.02 QUALITY ASSURANCE
A. REFERENCES:
• •
l.02 A.
This section contains references to the following documents.
They are a part of this section as specified and modified. In case
of conflict between the requirements of this section and the listed
documents, the requirements of this section shall prevail.
Beterence
AS'DI D635-9l
AS'DI D648-82
AS'DI D790-92
AS'DI D792-9l
AS'DI D882 -91
AS'n( D1637-83
AS'n( 04226-85
Test Method for Rate of Burning and/or
Extent and Time of Burning of Self-
Supporting Plutics in a Horizontal
Position
Test Method for Deflection Temperature
of Plastics Under Flexural Load
Test Methoda for Flexural Properties of
Unreinforced and Reinforced Plastics and
Electric Insulating Materials
Test Methoda for Density and Specific
Gravity (Relative Density) of Plastics
by Diaplacement
Test Methoda for Tensile Properties of
Thin Plutic Sheeting
Tensile Beat Di•tortion Temperature of
Plastic Sheeting
Te•t Methoda for Impact Resistance of
Rigid Poly (Vinyl Chloride) (PVC)
Building Products
B. TBSTING LABORATORY:
The Contractor •ball propo•e the name and qualification. of an
independent teating laboratory who •ball be routinely engaged and
fully qualified to conduct the media teat• specified in paragraph
13561-3.02. The laboratory •ball be approved in writing by the
Conatruction Manager prior to the •tart of teating. All co•t• of
te•ting •ball be borne by the media •upplier unl••• othervi•e
•pecified.
13561-2
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At the Construction Manager's option, samples sullmitted under
paragraph 13561-1.03 may be tested in accordance with paragraph
13561-3.02 C. for the strength requirements specified under
paragraph 13561-2.02 C. In such case, the cost of the tests,
including the cost of additional modules, will be borne by the
<>wner. The cost of retesting upon failure will be borne by the
Contractor.
1.03 SOBMITl'ALS
The following information shall be provided in accordance with
Section 01300:
1. A copy of this specification section, with addendum
updates included, and all referenced and applicable
sections, with addendum updates included, with each
paragraph check-marked to indicate specification
compliance or marked to indicate requested
deviations from •pecification requirements. If
deviations from the specifications are indicated
and, therefore reque•ted by the Contractor, the
•ubni.ttal •hall be acccapanied by a detailed,
written justification for each deviation. Failure
to include a copy of the marked-up specification
•ectiona, along with justification for any reque•ted
deviations to the specification requirement•, with
the subni.ttal •hall be cause for rejection of the
entire •ubni.ttal with no further con11ideration.
2. Propertie• of the material ccmpri•iDg the media
including tho•• propertie• specified in paragraph
13561-2.02 B.
3. Dimensions of the fabricated macli& including
material thickne••·
4. Nadia specific •urface area and volumatric void
ratio .
5. Method of fonu.ng corrugations in the material.
6. Method of j oiDiDg the •hHU of material together to
form the media.
7. Sample• of each thic:Jme•• of aodule to be used iD
the project ... ch module llball be tagged, llbawiDg
namiaal sheet thic:Jme••, design bearing wigbt aDd
location<•> in the finiahad •tructun. Nodule
11amplu will be exae1aed for C011»U.ance with the
quality requinaenta of tbia aection. Upon
13561-3
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acceptance, these samples will be used as examples
of quality requirements for the media actually
installed in the work.
A detailed description setting forth the
manufacturer's Quality Assurance/Quality Control
(QA/QC) procedures developed specifically to assure
the Construction Manager that the requirements of
this section will be achieved. The Plan shall be
presented in sufficient detail to judge the steps
the manufacturer will take to train assembly and
installation personnel and to spot check the quality
of the finished modules prior to installation in the
trickling filters.
9. Manufacturer's instructions and recoanendations for
installation of the filter media, along with the
media placement plan, as required under paragraph
13561 3.03.
10. Name and qualifications of independent testing
laboratory as specified in paragraph 13561-l.02 B.
l.04 PRODUCT DELIVERY, STORAGE, A1'D HAlU)LING
A. PRODUCT DBLIVBRY:
Contractor shall accept delivery of media, as part of the pre-
negotiated purchase price, according to the following schedule.
Contractor shall coordinate delivery of media with manufacturer.
Contractor shall be responsible for aadia storage, as specified in
this section, in the event Contractor is not ready for media
installation prior to the latest available negotiated delivery
date.
TP media No later than May 19, 1997
B. IDBNTIFICATIOR:
Media modules, whether usmnbled on or off site, shall be
tagged, color coded, stamped, or otherwise labeled such that the
type and strength of the modulea and their proper placement in each
unit can be readily determined.
C. STORAGE:
13561-4
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1.04 C.
If storage is required, assembled media modules shall be
stored on wooden pallets or on a flat, clean surface to prevent
damage to the module edges. Media shall be covered or stored under
roof for protection from ultraviolet deterioration. Media stored
on wooden pallets for delivery to the site shall be securely
strapped to the pallets. Corner protectors shall be provided under
the straps. Any modification of the specified shipping and
delivery procedures shall be through mutual agreement between the
media manufacturer and the Contractor prior to shipnent.
During shipnent and storage, modules shall always be stacked
on their long face with the plastic sheets in a vertical position.
Modules shall not be stacked more than four high, and module• in
each layer shall be set at right angles to those below. Weathered
or otherwise damaged media are not acceptable and shall be replaced
at the direction of the Construction Manager.
PART 2·-PRODUCTS
2.01 ACCEPTABLE PRODUCTS
The media shall be Brentwood AccuPac CP-3000 (aeccmdary
trickling filter) or Brentwood AccuPac CF-1900 (NTF), the owner
knows of no other equal, modified to provide the apecified
features.
The modular cross-flow biological oxidation media shall be a
standard product of the manufacturer. The manufacturer shall have
at least 5 years experience in the design and supply of modular
cross-flow plutic media for uae in waatewater treatment. The
manufacturer shall have a minimum of ten inatallationa of their
media in successful operation treating wastewater for a period of
not leas than 5 years.
2.02 MEDIA
A. GENERAL:
The filter media shall conaiat of module• fabricated from
rigid polyvinyl chloride (PVC) sheets. Individual sheets shall be
assembled into modules by either heat welding or aolvent-based
adhesive. Stapling, wiring or other mechanical INADa of
fabricating the modules are strictly prohibited. The individual
sheets shall be aasembled in alternating •aeries• faahion to
maximize the size of the opening• between aheets.
Bach module shall contain not le•• than t..nty aheeta and
shall meaaure not leas than 24 inchea wide, 48 inchea long and 24
inches high prior to any triJmning or cutting for inatallation into
13561-5
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2.02 A.
the media pack. The void ratio (open passages versus sheet) at any
horizontal plane through the media shall be not less than 95
percent. Each module shall have a minimum of 280 openings.
Modules shall be fabricated from corrugated sheets of unifo:cm
thickness that are free from holes, air bubbles, foreign matter,
undispersed raw material, or other manufacturing defects that may
affect their serviceability.
The angle of the corrugations shall be 30 degrees from the
vertical. Top and bottom edges of the modules shall be reinforced
with a double-folded edge or a dedicated glue joint edge bonded.
The media shall provide a minimum of 120 and 160 contact mixing
points per cubic foot of media for the TF and NTF, respectively.
Contact mixing points shall be unifo:cm throughout the media.
Contact mixing points shall be the point where two rigid PVC sheets
form a cross corrugated pattern, and an adhesive or heat weld holds
the cross in place. Media sheets shall be assembled to insure that
contact points are within 1-1/4 inches from the top and bottom of
the modules on all sheets. All contact points within each
individual module shall be joined by adhesive or heat fusing.
Modules with more than five percent unfused or unglued contact
points or individual sheets with mere than five unfused or unglued
contact points will be rejected.
The finished modules shall be chemically resistant to
wastewater, to the microorganisms which will attach to the media
when it is in service, to mild concentrations of acids, alkalis,
and organic solvents, and are nontoxic to PVC, the material of
construction of the media. Additionally, the media shall be
specifically compounded to be resistant to ultraviolet light.
Finished modules shall have no portion of any sheet that extends
more than 0.25 inch above or below the module's nominal top or
bottom surfaces. Not mere than ten percent of the sheets in any
individual module shall extend above or below the module'• nom:ln•l
top or bottom surface.
The finished modules shall be able to support the apecified
loads with wastewater temperatures between 40 and 80 degree• P
while the ambient air temperatures range between -20 degrees P and
105 degrees F without cracking, sagging, fracturing or creeping.
B. MATERIAL PROPERTIES:
The PVC sheets shall conform to the following requirements as
determined by the stated ASTM test:
13561-6
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<.
Property
Property
Specific gravity
Flexural strength
Tensile strength
ModulWI of elaaticity
Beat deflection
Flammability
Gardner impact
• •
2.02 B.
AS'IH
test number
AS'lH
BlY& test nµmber
1.4 to 1.6 D792
>9,500 psi D790
6,000 to 9,000 psi D882
300,000 to 550,000 psi D882
155 to 160 degrees F, D1648
minimum (264 psi teat
load)
Burning time <5 D635
seconda, extent of burn
<5 millimeters
0.8-1 in lb/mil, min 04226
Minimum sheet thickness 0.008 inch
after forming
The top layer of media shall be specifically cc:mpounded to
have U.V. reaistance.
C. !«>DOLE S'1'RlDln"B:
The plaatic modules sb&ll be entirely self-aupportiDg for the
required media beigbt. Varying sheet thic:Jmeas for structural
strength will be allowed. The campletely assembled IIOdules aball
conform to tbe following structural requiraients:
1. Media shall be fabricated such that ach 24-inch by
48-inch by 24-inch module shall be capable of
supporting a design load (at ambient air t-.»erature
of 70 to 75 degrees Pl of 40 pounds per square foot
per foot of media beigbt above the bottcm surface of
the module as placed in the taDk, except as
otherwise specified. onder the duign load,
ccapressive deflection and long-teza creep aball be
held to a m1n1wm, u specified below.
13561-7
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2.02 C.
2. All modules shall have a minimum bearing capacity of
400 pounds per square foot. PVC sheets comprising
these modules shall be of sufficient thickness and
so joined together as to meet the structural loading
requirements specified in this Section, and to
eliminate the possibility of sheet edge crimping and
deformation at the indicated design loading.
3. The modules canprising the top layer of the media
shall be of sufficient strength to support a uniform
load of 1,000 pounds per square foot without damage.
The bottom layer of the media, when placed on the
specified media support system, shall have a minim•m
bearing capacity of 40 pounds per square foot per
foot of media height above the bottom surface of the
module or 1000 pounds per square foot, whichever is
greater.
4. The fabricated modules shall be capable of with-
standing a short-term test loading at the design
bearing capacity with a maxi.mum deflection of
2 percent. The testing procedure and modules
selected for testing shall be as specified in
paragraph 13561-3.02.
2.03 PRODUCT DATA
The following information shall be provided in accordance with
Section 01300:
l. Complete and detailed teat reports for the teats
required by paragraph 13561-3.02.
2. Letter of certification as specified in paragraph
135€:-3 .03.
2. 04 SPARB l«>DOLBS
The Contractor •hall provide 130 apare module• for the
secondary trickling filter. The media ahall be identical to that
supplied for the upper layer of the secondary trickling filter.
The Contractor ahall provide 170 spare modules for the NTP.
The media ahall be identical to tbat for the upper layer of the
NTP. Contractor aball install approximately 200 apare module• in
the upper layer• of the exiating filter• where neceaaary.
13561-8
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PART 3--EXECUTION
3. 01 MEDIA FABRICATION
The PVC modules may be fabricated either at the manufacturer's
production plant or at the job site.
If on-site fabrication is used, the media supplier shall
furnish the materials, equipment, and personnel necessary for
production of the media. Aaaembly shall be under the direction of
factory authorized personnel at all times. All utilities shall be
arranged by the supplier. The fabrication and structural integrity
of the media modules shall be the sole responsibility of the media
supplier, regardless of where fabricated.
The sample modules submitted and accepted under the provisions
of paragraph 13561-1.03 will be used by the Construction Manager as
examples of the quality required for the finished modules. Modules
failing to achieve, in the Construction Manager's opinion, the
quality represented by the approved samples, will be rejected and
removed from the site.
3.02 TESTING
A . GBNBRAL:
PVC sheets and fabricated modules shall be tested to verify
compliance with the requirements set forth in this specification.
The testing shall be conducted at the independent laboratory
selected as specified in paragraph 13561-1.02 B. The Construction
Manager may wish to witness the tests. Accordingly, the Contractor
shall keep the Construction Manager apprised of the schedule for
the teat work.
B. PVC SHEETS:
Representative samples of PVC sheets uaed in the fabrication
of media module• uaed in thia project ahall be teated to confirm
that the material meeta the atandarda specified in paragraph 13561-
2.02 B.
Teats shall conform to the apecified AS'IM methoda. At least
three sheets of each different thickness or strength of aheeting to
be used on this project ahall be aubjected to the teat• apecified
in paragraph 13561-2.02 B. If fabricated on-site, sheet• to be
teated shall be aelected by the Construction Manager from
the actual aheets delivered to the fabrication aite. If factory
fabricated, the manufacturer ahall chooae and forward the aheets
for all PVC property teat• to the lab at the ti.ma of manufacture.
For tensile atrength and atiffne•• teats, aamplea of UDfoJ:111ed aheet
13561-9
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3.02 B.
media shall be used. The media supplier shall certify in writing
that unformed sheet is from lot(s) used in fabrication.
Failure of any one sheet to meet the specifications shall be
grounds for rejection of the entire shipment. In such an event,
the Construction Manager may request tests on additional sheets as
necessary to determine the acceptability of the lot. Such teats
shall be performed at the expenae of the media supplier. Addi-
tional teats requested by the Construction Manager after the
specifications have been met shall be performed at the expense of
the OWner.
C . FABRICATED K>DOLES :
Modules to be teated shall be selected by the Construction
Manager from the actual modules fabricated for this project.
The Construction Manager shall select for testing at least
four modules per filter of each strength or thickness to be used.
Modules of each strength used in the project shall be teated.
Installation of the media modules for each strength shall not
proceed until the media testing and all testing of the PVC sheets
bas been successfully completed.
The media supplier shall certify in writing that media modules
are from the same lot of material used for the project.
The standard conditions for the structural testing of the
media modules shall be as directed by the Construction Manager.
However, as a minimum, the teats shall simulate service conditions
and confo:rm to the following criteria:
1. The teat sample shall consist of a stack of modules
at least two modules high. The arrangmnent of the
stack shall simulate the geanetry encountered in the
trickling filters.
2 .
3.
4.
Modules intended for the base layer shall be teated
on a simulation of the support ayat-. Nodules
intended for other layers shall be teated on a flat
base.
Teat loads shall be the design load of the mclia
specified in paragraph 13561-2.02 c.
The teat load shall be •short te:cm• at a temperature
of 75 degrees P plus or minus 2 degrees P, and the
design load shall be applied u follows:
13561-10
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3.02 C.
a. A preload, equal to 10 percent of the design
load, shall be applied for l hour to seat
modules and to establish a baseline flexural
condition.
b. Without releasing the preload, the loading
shall be increased in 100-pound-per-square-foot
intervals. Each loading shall be held for 5
minutes and the deflection recorded at the end
of the 5-minute period.
c. Incremental loading shall continue, without
release of previously applied load, until
recorded deflections are l percent and,
subsequently, 2 percent.
s. Maximum allowable average deflection at the module-
to-module interface shall be 2 percent at design
load.
6. If any module exhibits a compressive deflection
greater than 2.0 percent, the Construction Manager
may require the testing of as many additional
modules as considered necessary to determine the
structural suitability of the media. Such teats
shall be performed at the expense of the media
supplier. If, in the opinion of the Construction
Manager, the teats indicate the media is
structurally unsuitable for its intended use, the
Contractor may be directed, in writing, to replace
the media at that gradation with new media meeting
the specifications and passing the structural teats.
3.03 INSTALLATION
The media specified in this section will be installed by the
Contractor under the supervision of the media manufacturer's field
representative. After the installation Contractor has submitted
signed certification that the media has been installed per
manufacturer's recommendations, and upon correction of major
deficiencies as determined by the manufacturer's supervisor and/or
Construction Manager, the manufacturer will issue a certificate of
proper installation. The Contractor shall, in general, install the
media in accordance with the manufacturer's recommendations and the
following procedures:
l. Twenty-two (22) working daya of direct, on-site
superviaion ahall be provided by an installation
apecialiat of the media supplier during installation
of the filter media. Notwithatanding this
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3.03
provision, the installation specialist shall be
present and supervising the work at all times media
is being placed in the trickling filter. If more
time is required to properly place the modules, the
Contractor shall bear the additional coat, at no
added cost to the Owner, of maintaining the
installation specialist's presence at the site. No
media installation work shall take place in the
absence of the media installation specialist.
2. The media shall be conveyed to the top of the filter
walls by mechanical conveyor or crane. Modules
damaged to the extent that their serviceability is
impaired during loading, unloading, and handling are
not acceptable and shall be removed from the site.
Wood slides shall be constructed to transport the
media from the conveyor to the working level inside
the filter, and the media modules shall be
transported by hand to the final placement site.
3. The trickling filter media shall be carefully cut,
trinmed, or otherwise formed to fit the tank wall
and concrete center pier. No cutting shall take
place when either the surface temperature of the
modules or the ambient air temperature is less than
40 degrees F.
4. Shaping and cutting of the media modules shall be
performed on tarpaulins or a similar working mat to
catch the PVC fragments. The Contractor shall take
the necessary precautions to ensure that offcuts and
foreign materials are kept out of the placed media.
Chips, broken pieces, and other debris falling into
the packed media shall be removed.
s. During installation of the media, special care shall
be taken to avoid damage to the modules, including
that resulting frcm workmen walking on the edges.
The Contractor shall in.tall sufficient plywood,
pegboard, or other suitable temporary planking to
prevent damage to the media edges.
6. The modules shall be placed in the structure in
accordance with a placement plan daveloped by the
media manufacturer. The plan shall provide for the
media modules to be placed with the sh .. ts vertical
with no individual cut module shorter than two f .. t
in length. The modules shall be placed in
successive layera, with adjacent modules alternating
in direction of the long axis. The modules shall be
13561-12
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tightly wedged into the atructure and againat each
other to develop aufficient paaaive lateral force to
uaure •tructural atability. llodulu placed in
aucceaaive layen uall be placed with the media
aheet• at right angle• to the direction of aheet• in
the underlying layer. Vertical jointa between
adjacent IIIOdulu aball not coincide with v.rtical
joints in the underlying layer.
7. Inatallation aball proceed on a layer-by-layer
baaia, with no succeeding layer •tarted until the
preceding layer hu been inapected and accepted by
the Conatruction Manager and the adia
manufacturer's repreaentative.
**END OP SBCTXOR**
13561-13
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COUNCIL COMMUNICATION
Date Subject
February 18, 1997 Trickling Filter Media Replacement
INITIATED BY STAFF SOURCE
Littleton/Englewood WWTP Supervisory Committee Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The recommended action is to approve by motion the purchase of trickling filter media from Brentwood Industries
in the amount of $490,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES l>ENTFED
Trickling filters are used at the Littleton/Englewood Waste•• Trealment Plant for two proc:esw: organic matter
removal and ammonia removal. The filters contain plastic .,_ in the form ol 2' x2' x4 • modules that make up
the filter media pack in each filter. The plastic sheets are the support media for biological organisms that provide
the required treatment. The media in the filter that removes organic manei-has collapNd. The filler is no longer
able to provide wastewater treatment and is no longer operable .
The media pack must be replaced to return the filter to a.vice. Br-.ltwood lndultriel is providing media in the
Phase lb construction project that will begin this month. Bra1lwoOd ha agr'Nd to provide~ media at
the same price quoted for the lb project. They are currently the only supplier ol filler media in the Uniled States .
The manufacturer of the original media. American Surfpac, is no longer in busineu.
The specification for replacement media is upgraded from the original specification, requiring lhicur plastic sheets
to provide more structural strength in most of the media pack. The sheet thickneu specified is the same as for
the bottom sheets in the existing filter . This area of the media pack did not collapse and has adequate structural
strength for the filter .
The treatment capacity of the filter has been replaced by operating the remaining portion of the system in an
·ovenoeded' condition . Penmit conditions are currently being met . Returning the filter to service is critical to
maintaining reliable treatment and penmit compliance. Completion of the filter repair ii scheduled for mid May,
with filter start-up completed by the end of June.
Not repairing the filter would require de-rating the plant trutment capacity. per state regulations. to below the
current flows and organic loadings . This option is not recomn,alded.
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FINANCIAL IMPACT
The cost of replac8ment media is $490,000 and, as a capital cost. will be split SOl50 with the City of Littleton. This
is not a budgellld Item. Funds are available for this purchase In the Phase lb budget account due to the very good
bid received for the lb project.
UST OF AnACHIIENTS
Plastie Trickling Filter Media Specification
Brentwood lndustrieS Quale
Memos to Supervilory Committee dated Janusy 26 and 27, 1997
Letter of Nolificatlon to Colorado Depar1ment d Public Health and Environment
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BY AUTHORITY
ORDINAHCB HO. _
SEBIBS OP 111'1
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE APPROVING THE PURCHASE OF A PARCEL OF LAND, A
PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED
ALONG WEST OXFORD AVENUE BY THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF STATE IUGHWAY 85
(NATCHES COURT FRONTAGE ROAD).
WHEREAS, the Colorado Department of Transportation wishes to purchase a
parcel of land (Project No . FCU NH (CX) 085-2(54) Unit 3, Parcel No. 316 Rev.,
Project Code: 90049), a permanent easement and two temporary easements, from the
City of Englewood; and
WHEREAS, these purchues are nec:esaary for the construction of State Highway 85
(Natches Court Frontage Road) said property is located along West Oxford Avenue in
Englewood, Colorado; and
WHEREAS, the Colorado Department of Transportation and the City of Englewood
have agreed that the Colorado Department of Transportation will pay $360.00 for the
land and $100.00, for the Ea-ta far a total of$460.00;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sed;ign 1. The City Council of the City of Englewood, Colorado hereby approves the
sale of the following parcel, euement and temporary euementB, a deacription of
which is attached hereto u EmibitB 1, 2, and 3, to the Colorado Department of
Transportation for the conatruction of State ffichway 85 (Natches Court Frontage
Road), said property is located alODg West Oxford Avenue iD the City of En,lewood,
Colorado.
1. Parcel of land No. 316 Rev . of the Department ofTramportation, State
of Colorado, Project No . FCU NH (CX) 085-2 (54), Unit 3, Pan:el No.
316 Rev ., Project Code: 90049, CODtaininc 519 aquare feet, more or lNB,
iD tbe NE 114 al the SW 114 al Section 4, Towmbip 5 South, Rup 68
W•t. of the Smb Principal Meridian, iD Arapahoe County, Colorado,
aaid tract or parcel of land beinc more particularly deacribed iD the
attached Deed. (Exhibit 1)
2 . A per-t •-t No . PE-316A, Project Code : 90049, of the
~t al TrauportatiOD, State al Co&ondo, Praject No. FCU NH
(CX) 085-2 (54), Uait 3, ccmt.ailliq 36& aquare fNt., -ar ._, iD Lot
2 , SCIENTIFIC TRANSPORTAffON P'ILING NO . 1, a lUbdiviaion
lyiq iD tbe NE 114 oftbe SW 114 ofSediaa 4, TOWlllbip 5 South,
Rup 88 w-. al tbe Smb Priacipel ...__, iD Anpaboe County,
Colorado , Aid ,.,._t -t beiac -particaluly
clw:ribed in the auacbed Pwmaamt IM-mt. (lmillit 2 )
• 1-
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3. A temporary easement No. TE-316A Rev. Project No. FCU NH (CX)
085-2(54) Unit 3, Temporary Easement Project Code: 90049 of the
Department of Transportation, State of Colorado containing 550
equare feet, more or leu, in the N Jn of the SW 1/-& of Section -&,
Township 5 South, Range 68 West, of the Sixth Principal Meridian, in
Arapahoe County, Colorado, Hid temporary easement being more
particularly described in the attached Temporary Euement.
(Emibit 3)
4. A temporary euement No. TE-316B No. Project No. FCU NH(CX)
(185.2(54) Unit 3, Temporary Easement, oftbe Department of
Transportation, State of Colorado, containing 295 equare feet, more or
leu, in Lot 2, SCIENTIFIC TRANSPORTATION FILING NO. l, a
subdivision lying in the NE 1/-& of the SW 1/-&, Section 4, Township 5
South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe
County, P<,lorado, Hid temporary euement being more particularly
described in the attached Temporary Euement. (Emibit 3)
Introduced, read in full, and puaed on fint reading on the 3rd day of March, 1997.
Publiahed u a Bill for an Ordinance on the 6th day of March 1997.
Read by title and puaed on final readinc on the 17th day of March, 1997.
Publiabed by title u Ordinance No. ~ Series of 1997, on the 20th day of March,
1997.
'nlomu J. Bums, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
1, Loucriahia A. Ellia, City Clerk of the City of Enp-ood, Colorado, hereby
certify that the above and foreiioin, ia a true copy of the Ordinance paued on final
reading and publiahed by title as Ordinance No._, Seriee of 1997.
-2-
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.. eefflf" ...... «-", ....... .,,~ ..... ~ .... ~ ..... ..,..... ......... ,-"""""' .... .., .... ,.... ................ . ~-~---·.--r.W.llrit, ...... Ulf'"......_ .• .,_.,.....,..,..-n ... ~ .• ., ....... .,... ........ ..
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rroJ«t No. Fill Nll(CI) 085-2(54) Unit J
rarcel No. 316 .....
rrojooct Code: 90049
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Atteat:
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EXHIBIT·K'
PllOJECT NO. FCU NH(CX} OIS-2(54) UNIT 3
PAR.CELNO. 316REV
PROJECT CODE: 90049
AUGUST 1, 1994
A tract or parcel of land Ro. 316 REV. of the Department of
Transportation State of Colorado, Project Ro. FCO NB(CX)085-2(54) Unit 3
containing 519 sq. ft., more or less, in the NEl/4 of the SWl/4, Section
4, Township 5 South, Range 68 West, of the Sixth Principal Meridian, in
Arapahoe County, Colorado, said tract or parcel being more particularly
dascribed as follows:
Commencing at the canter of said Section 4; thence N.89° 47' 40"W.
along the north line ·r f the SWl/ 4 of said section a distance of 42. 33 to
the northeast cor:ier of that property described in Rule and Order (Civil
Action No. 34576, Div.1) of the Arapahoe County records, said point also
being the northwest cor:ier of that property described in Bk. 2591 Pg. 537,
of the said county records; thence s. 15° 52' 33" w. along the easterly
line of said property, also being along the westerly line of said Bk. 2591
Pg. 537, a distance of 717.36 feet to the TROE POINT OF BEGINNING;
1. Thence S. 15° 52' 33" W. continuing along said easterly property
line a distance of 38.53 feet to a point on the northerly line of
SCIENTIFIC TRANSPORTATION FILING NO. l, a subdivision lying in the
HEl/4 of the s-•l/4 of said Section 4;
2. Thence N. 89· 20' 47• w. along the northerly line of said
subdivision a distance of 27.92 feet;
3. Thence N. 46° 18' 15" E. a distance of 53.18 feet, more or lass,
to the TROE POINT OF BEGINNING;
The above dascribed parcel contains 0.012 acre/519 square
feet, more or less.
BASIS OF BEARINGS: The geodetic bearing of s. 19° 54' 52" E. from
point "OXFORD· to point ·PRINCE" is based on a rotation of the
inversed grid coordinates by the averaged convergence angle.
Both GPS control monuments are 3 1/4" aluminum disks in access
covers.
Authored by:
Scott L. Kimminau
Region 6 R.o.w.
2000 S. Holly St.
Denver Co. 80222
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PllOJECT NO.FCUNH(CX)OIS-2(54) UNIT 3
LOCAllON S. SANI'AFE DRIVE
PERMANENTEASEMENI' NO. PE-316A
PROJECT CODE: 90049
PEBV6MEMIE6SEVEMI
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KNOW AU. MEN BY THESE PRESENTS, dial CTY OF ENGLEWOOD, COLOR.ADO, a Colorado
Municipal Corpcnaoa of Arapahoe County, Srar.e afColondo, Gnmor, fbr and in c:omidermioa oftbe sum of
ONE DOLLAR. (Sl.00), and odlcr valuable comidemiaa, in band paid by DEPAllTMENT OF
TRANSPORTATION, STATE OF COLORADO, Gnaree, receipt ofwbic:b is hereby adalowledpd, has liven
and pured and by these presents does hereby pe and anm unto tbe said Grantee, iu heirs, succeuors, 111d
usips a PERPETIJAL EASEMENT on, along, owr 111d aaoa tbe fi>1lowiag described premiNS, to-wit:
See Attached Exhibit •A• dated October 17, 1994
Proj. No FCUNH(CX) 085-2(54) UNIT 3
Prm Euemem No . PE-316A
Proj . Code: 90049
Signed this_ day of ___ 19_.
Attest :
STATE OF COLORADO )
) ss.
COUNTY OF )
CTY OF ENGLEWOOD, COLOR.ADO,
a Colorado Muncipal Corporation
The foregoing instrument was aclmowledpd befin me tbis _ day of ________ 19_
by
My Commission Expires ___ _
W"uness my hand and o!icial NII. •· •
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EXHJBIT"A"
PROJECT NO. FCUNH(CX) 085-2(54) UNIT 3
PERMANENT EASEMENT NO . PE-316A
PROJECT CODE: 90049
OCTOBER 17, 1994
A permanent easement of land No. PE-316A of the Department of
Transportation, State of Colorado, Project No. Fct1 NB(CX)OSS-2(54) Onit 3
containing 364 sq. ft., more or less, in Lot 2, SCIENTIFIC TRANSPORTATION
FILING NO.l, a subdivision lying in the HEl/4 of the SWl/4, Section 4,
Township 5 South, Range 68 West, of the Sixth Principal Meridian, in
Arapahoe County, Colorado, said tract or parcel being more particularly
described as follows:
Commencing at the southeast corner of the NEl/4 of the SWl/4 of
said Section 4; thence N. 0° 31' 20" E. along the east line of the NEl/4 of
the SWl/4 of said section a distance of SO.CO feet to a point on the
northerly R.O.W. line of W. Oxford Ave. (Oct. 1994); thence
N. 89° 40' 02" w. along said northerly R.O.W. line being parallel with and
SO.CO feet north of the south line of the NE:/4 of the S~l/4 of said
section~ distance of 694.48 feet to the southwest corner of SCIENTIFIC
TRANSPORTATION FILING NO. l; thence N. 0° 20' SO" E. along t!le westerly
line· of said subdivision a distance of 12.00 feet to the TROE POINT OF
BEGINNING;
1. Thence 5. 0° 20' 50" w. along said westerly line a distance of
12.00 feet to a point on said northerly R.O.W. line of W. Oxford
Ave.;
2. Thence s. 89° 40' 02" E. along said northerly R.O.W. line a
distance of 29.51 feet to the easterly line of that property
described in Bk. 7560, Pg. 363 of said county records;
3. Thence N. 0° 20' SO" E. along said easterly property line a
distance of 12.67 feet;
4. Thence 5. 89° 01' 52" w., a distance of 29.52 feet, more or
less, to the TROE POINT OF BEGINNING.
The &bove described easement contains 0.008 acre/364 square feet,
mere or less, for stor:11 sewer construction and maintenance.
BASIS OF BEARINGS: The geodetic bearing of s. 19° 54' 52" E. from
point "OXFORD" to point "PRINCE" is based on a rotation of the
inversed grid coordinates by the averaged convergence angle.
Both GPS control monuments are 3-1/4" aluminum disks in access covers.
Authored by:
Scott L. ltimain.u
Region 6 R.O.W.
2000 S. Holly St.
Denver CO 80222
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PROJECT NO. FCUNH(CX)
OIS-2(54) Um 3
LOCATIONS. SIiia Fe Drive
,...
TEMPOllAllY EASEMENT NOS. TE-316A R.ev.
&: TE-316B
PROJECT CODE: 90049
TEMPORARY EASEMENT
ICNOW ALL MEN BY THESE PRESENTS CITY Of ENGJ EWQOP CPI QRAPQ 1
Colooda Mrnicqml COQ!I nrinn of the County of •ormboc State of Colanldo. bereinder
called the •Gnntor", mr and ill COllliderarioa oftbe 1W11 of ONE DOLLAR. ($1.00), and other
valuable comiderllioa to Gnaror(s) in hand paid by the DEPAllTMENT OF
TRANSPORTATION, STATE OF COLOR.ADO, hereinafter called the "I)eplrtment•, receipt of
which is hereby acknowledged, bu given and granted and by these presentS does hereby give and
grant unto the said Deplnmenl RIGHT-OF-WAY and EASEMENT on, aloas, over and across
the following described premises, to-wit:
See Auacbed Exhibio • A• dared March 24, 1994 &: October 17, 1994 for
Proj . No. FCUNH(CX) OIS-2(S4) Um J
Temporary Easement Nos . TE-316A Rev . &: TE-316B
Project Code: 90049
IN WITNESS WHEREOF, bereunlo set hand and seal tbia day of
____ l9_AD.
Attest:
CITY OF ENGLEWOOD, COLOR.ADO
A Cokndo Muaicipll Corponlioa
CDOT#JOla
1193
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EXBIBIT"A"
PROJECT NO. FCUNB(CX) 085-2(54) UNIT 3
TEMPORAllY EASEMENT NO. 1E-316A REV.
PROJECT CODE: 90049
MARCH 24, 1994
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A temporary easement of land 110. TE-316A Rev. of the Department of
Transportation, State of Colorado, Project Ho. rco RB(CX)085-2(54) Onit 3
containing 550 sq. ft., more or less, in the Hl/2 of the SWl/4, Section 4,
Tovnship 5 South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe
CoUDty, Colorado, said tract or parcel being more particularly described as
follows:
Commencing at the Slf 1/16 corner of said Section 4; thence
H. 84• 47' 14" W. a distance of 940.52 feet to the TR.OE POINT OF BEGINNING;
1. Thence N. o• 19' 59" E., a distance of 5.00 feet;
2. Thence N. 89° 40' 01" w., a distance of ll0.00 feet:
3. Thence 5. 0° 19' 59" w., a distance of 5.00 feet to a point
on the southerly line of t!lat property described in Rule and Order
(Civil Action No. 34576, Div.l) of the Arapahoe County records;
4. Thence s. 89° 40' 00" E. along said southerly property line a
distance of llO. 00 feet, 11Cre or lass, to the TR.OE POINT OF BEGINNING·
The above described easement contains 0.013 acre/5SO square feet, acre or
less, for sto1:111 sewer construction.
BASIS OF BEARZNGS: The geodetic bearing of S. 19° 54' S2" E. from
point "OXFORD" to point "PllDICE" is based on a rotation of the
inversed grid coordinates by the averaged convergence angle.
Both G~S control monuments are 3 l/4" aluminum disks in access covers.
Authored by:
•
Scott L. ~imminau
Region 6 R.O.W.
2000 S. Holly St.
Denver Co. 80222
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EXHIBIT"A"
PROJECT NO. FCUNH(CX) 085-2(54) UNIT 3
TEMPOllARYEASEMENTNO . TE-316B
PROJECT CODE: 90049
OCTOBER. 17, 1994
A temporary easement of land No. TE-316B of the Department of
Transportation, State of Colorado, Project No. FCU NH(CX)085-2(54) Onit 3
containing 295 sq. ft., more or less, in Lot 2, SCIENTIFIC TRANSPORTATION
FILING NO.l, a subdivision lying in the NEl/4 of the SWl/4, Section 4,
Township 5 South, Range 68 West, of the Sixth Principal Meridian, in
Arapahoe County, Colorado, said tract or parcel being more particularly
described as follows:
Commencing at the southeast corner of the NEl/4 of the SWl/4 of
said Section 4; thence N. 0° 31' 20" E. along t!le east line of the NEl/4 of
the SWl/4 of said section a distance of 50.00 feet to a point on t!le
northerly R.O.W. line of W. Oxford Ave. (Oct. 1994); thence
N. 89° 40' 02" W. along said non!lerly R.O .W. line bei.:ig parallel wit!l and
50.00 feet north of the south line of the NEl /4 of the SWl/4 of said
section a distance of 694.48 feet to the southwes~ cor.:ier of SCIENTIF~C
TRANS?ORTAT!ON FILING NO. l; thence N. 0° 20' 50" E. along the westerly
line of said subdivision a distance of 12.00 fee~ to the TROE POINT OF
BEGINNING;
1. T!lence N. 0° 20' 50" E. along said westerly line a distance of
10.00 feet.
2. Thence N. 89° 01' 52" E. a distance of 29.52 feet to the easterly
line of that property described i.:i Bk. 7560, Pg. 363 of said
county records;
3. Thence s. 0° 20' 50" W. along said easterly property line a
distance of 10.00 feet;
4. Thence S. 89° 01' 52" W., a distance of 29.52 feet, more or
less, to the TROE POINT OF BEGINNING.
The above described easement contains 0.007 acre/295 square feet,
more or less, for storm sever construction.
BASIS OF BEARINGS: The geodetic bearing of S. 19° 54' 52" E. from
point "OXFORD" to point "PRINCE" is based on a rotation of the
inversed grid coordinates by the averaged convergence angle.
Both G?S control monuments are 3-1/4" aluminum disks in access
covers.
Authored by:
Scott L. Kimminau
Region 6 R.O .W.
2000 S. Holly St.
Denver CO 80222
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BY AUTHORITY
COUNCIL BILL NO. 15
INTRODUCED BY COUNCIL
MEMBER VORMITl'AG
AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR THE
CITY RIGHT-OF-WAY ON THE CITY DITCH THROUGH THE PROPERTY AT
835 WEST QUINCY AVENUE.
WHEREAS, t.be City of Englewood ia respc1118ible for conveying water through the
City Dit.c:h; and
WHEREAS, the right-of-way along t.be City Ditch ia n-.ry for repairing and
conveying water; and
WHEREAS, the City currently bu a preemptive -t acrou the property
known as 835 West Quincy Avenue which allowa the City Ditch to crou this property;
and
WHEREAS, t.be City does not have a ~eel richt-of'-way for the aec:tion at 835
West Quincy Avenue; and
WHEREAS, permanent richt-of'-way will be c:anve,-1 t.o the City with the attached
euement ~ent for 835 West Quincy Avenue; and
WHEREAS, the City wilbN t.o pipe tbia aa:aan afthe City Ditch due t.o leuap
problems that have become pnlll'NBively wone; and
WHEREAS, the City will imtall, enclole and maintain the pipe in tbia NCtion;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
S@c;tigp 1. The City Council of the City of Englewood hereby autboriw an -ent
agreement for 835 West Quincy Avenue for the City'1 riplwf-way on the City Ditch -
attacbed hereto u Emibit 1.
Introduced, read in full, and palled on tint readinl on tbe 3rd day afMarch, 1997 .
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Publiahecl u a Bill fir an Ordinance on tbe 6th day of March, 1997.
Read by title and pMNCl on final reading on tbe 17th day of March, 1997.
Published by title u Ordinance No ._, Series of 1997, on the 20th day of March.
1997.
Tbomu J. Burm, Mayor
ATTEST :
Louc:riabia A. Ellia, City Clerk
I, Louc:riabia A. Ellia, City Clerk of tbe City of Eqlewood, Colorado, hereby
certify that the above and fonauiDI ia a aue copy oftbe OrdiDanc:e puaed on final
reading and published by title u Ordinance No. _, Seriea of 1997.
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EXHIBIT 1
GRANT OF CITY DITCH EASEMENT
TIDS GRANT of City Ditch Euement (thia "Grant") is made thia 7th day of
February, 1997, by James H.1-("Grantor") whoae addresa is 835 West Quincy Avenue,
Enslewoocl, Colorado 80110, in favor of the CITY OF ENGLEWOOD c•Grantee") whoae
address is 3400 S. Elati Street, Englewood, Colorado 80110.
1.
The parties covenant and agree as follows :
Easement Property. The "Easement Property" ahall mean the real property located
in the County of Arapahoe, State of Colorado, more partic:ularly described on Exhibit
A. consisting of 2 pages, attached hereto and incorporated herein by reference.
2 . Conaideration. Aa consideration, Grantee hu given Grantor ten dollars ($10.00)
and other good and valuable consideration, the receipt of which is hereby
ac:lmowledced by Grantor.
3 . Grant of City Ditch Easement. Grantor hereby grants to Grantee, its successors
and assigns, a perpetual easement (the "City Ditch Easement) over, under, across
and through the Easement Property for the purpoee of constructing, operating,
maintaining, repairing, replacing, removing, improving and enlarging the City
Ditch. The City Ditch shall mean the City Ditch and all necessary underground
and surface appurtenances thereto necessary or desirable for the transmission of
water including, but not limited to, mains, conduits, vaults and ventilators .
4 . Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress
in, to, over, through and acrou the Euement Property for any purpose necessary or
desirable for the full eJtjoyment of the ripts granted to Grantee under thia Grant.
5 . No Improvements. Grantor coveoanta and qreN not to construct, erect, place or
plan any "Improvementa," u hereinafter defined, on the Easement Property
without obtaining the prior written c:oment of Grantee. "Improvements" shall
mean any structure, building, plantin(, trees, shrubbery, or prden other than a
grass type lawn. Grantee shall have the ript to remove, without any liability to
grantee, any improvements comtructed, erected, placed or planted on the Euement
Property without Grantor's having obtained the prior written coment of Grantee. If
such prior written consent is not obtained, Grantee ahall not be respon1ible for
repair or replacement of the Improvements if they are damapd during
conatruction, maintaining, repair, replacement or enlarpment.
6 . Restoration. Grantee qreN that after the c:onstruc:tion , maintenance, repair,
replacement or enlarpment, if any, for the City Ditch, Grantee shall restore the
surface of the Easement Property u nearly u pouible to the grade and conditiona
e:1:iating immediately prior to said c:onatructioo, maintenance. repair, replacement
or enlargement, except u may be n-.ry to accommodate the City Ditch.
Grantee further qren to rwplace any topaoil removed from any cultivated or
qricultural areas on the ~t Property and to remove any uceu earth
reaultin( from said construction, maintenance, repair, replacement or
enlarpment, at Grantees IOle cost and upeme.
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7. Subjacent and Lateral Support. Gnmtor c:ovenants and agrees that Gnmtee sball
have the right of subjacent and lateral support an the Easement Property to wbatllver
extent ia necessary or desirable for the full, complete and undisturbed eltjoyment of
the richts ll"IIJlted to Gnmtee under tbia Grant.
8. Rights of Grantor. Grantor naervw the tun riplt to the 1Jlldistmbecl ownenbip,
UM, and occupancy of the Euement Property imofar U said ownenbip, UN, and
occupancy ia consiatent with and does not impair the riplts sranted to Grantee in
tbia Grant.
9 . Warranty of Title. Grantor warrants and npraents that Grantor ia the owner of
the Euemeat Property 111d that Grantor baa tun riplt, title and authority, to ll"IIJlt
and convey to Grantee the Euement. Grantor ftutber conlWltl and agrees to
indemnify, defend and bold Grantee harmlw from and qaimt any mhene
claim to tbe title to tbe Eu-t Praparty by all wl ffW1 param or penom
lawtully cJaimin( or to claim tbe whole or any part tbenof.
10. Bindinc Efl'ect. Thia Grant aball atmd to wl be bindinf upan tbe bain, penonal
reprNeDtatives, IUCC8llm9 and uaipa of tbe rapectin partial henal. The terma,
covenants, qnements IDd c:onditiom in tbia Grant aball be comtrued u
covenants running with the land.
IN WITNESS WHEREOF, the partiea hereto baa enc:uted thia Grant of Wat.er Line
Easement the day and year tint above written.
GRANTOR :
a .1-ai-
STATE OF COLORADO )
)a.
COUNTY OF ARAPAHOE )
My CommiMion upl'N: ljt/4 tlO I
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ATTEST: GB.ANTEE :
THE CITY' OF ENGLEWOOD
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LEGAL DESCRIPTION
A cm DITCH EASEMENT BEING A PART OF A PARCEL OF LAND REC<RJEO IN 8(XJ( 3327 !
AT PN.;E. 150 OF 1ltE ARAPAHOE COUNTY REC(R)S, SAID PARC£L OF LAIi> BEifli LOCATE)
IN ll£ SOOl1i ONE-HALF OF 1ltE SOUTHEAST ONE-QUARTER OF SECT!<* 4. T<lltSHIP 5
SOUTli. RAMiE 68 IEST OF Tl£ SIXTH PRINCIPAL 1£RIDIAN. cm OF ENGi BID),
COONTY OF MAPN«.. STATE OF COLIJOOO BEING !GE PARTICULARLY DESCRIBED AS
FOLLClilS:
CCN£NCit«i AT Tl£ SOOTIIIEST CCRNER OF TI£ SOOTHEAST IJE·QUARTER OF SAID
SECTION 4, T1£NCE NCRTH 89°45'00" EAST A DISTNCE OF 817.27 FEET. SAID LINE
F<IV4ING ll£ BASIS OF aEARifliS FCR THIS DESCRIPTI<*: TI£NCE f«RTH 00•15·00·
IEST A DISTANCE OF 30. 00 FEET TO A POINT <* TI£ romt LINE OF IEST <l.lIJCf
AVEJIJE. ALSO BEifli THE SOOTHEAST cauER OF LOT 21. OXRR> t£I9fl'S SlB>IVISI<Jt.
SAID POINT BEING THE !BUE fQltfi QE BEGlffUli:
THENCE ALCJ«i THE SOOTHEASTERLY LINE OF SAID OXRR> 1£I9fl'S SlEDIVISI<Jt Tl£
FOLLCIIIt«i THREE CCUSES:
NCRTH 07°38'08" EAST A DISTAl«:E OF 75.26 FEET: 11£1«:E NCRTH 37°22'18" EAST A
DISTANCE OF 209.61 FEET; THENCE 11RTH 45•53•43• EAST A DISTAl«:E OF 43.35
FEET: ll£NCE SOOTH 00•15·00· EAST A DISTAl«:E OF 34.67 FEET: THENCE SOOTH
45•53•43• IEST A DISTANCE OF 17.47 FEET: TI£NCE SOOTH 37°22'18" IEST A
DISTANCE OF 201.11 FEET: THENCE SOOTH 07°38'08" IEST A DISTN«:E OF 65.16
FEET: THENCE SOOTH 89°45'00" WEST A DISTNCE OF 25.24 FEET TO THE IBI£ l!QlKI
QE BE6IfttIE.
SAID PARCc'"L OF LAND COOAINS 7649 SQUARE FEET CR 0.18 ACRES. ta£ CR LESS.
. : Pl.S Ill .. ~-*9
FCR AND ON OF . ·_; ~
ROCKY ~LTANTS INC. ~\f ) .•..
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UPI • • I •
cm OF ENGi a«XX>
cm DntH EASEMENT
1K D Ill. 2882.006.00
IECEMIIER 2. 1996 lltf
St£ET 1 OF 2
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15.24'
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EXHIBIT
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A t17.2i:__( _ S •G'OO" W _ a:sT QUIC'I' MUIUE _~OF .-.0 __
-~ (IIMLO,W.)
POlf1' OF COIIIIEGMfMT ru, A'-.1.'\.-rl
ROCKY MOUNTAIN CONSULTANTS, INC .
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08DINANCB MO._
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BY AUTHORITY
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COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL
MEMBER VORMITl'AG
AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL
CODE 1985 WITH THE ADDITION OF A NEW CHAPl'ER 19, ENTITLED
DIRECT SELLING LICENSES AND ITINERANT VENDORS LICENSES AND
WIUCH REMOVES DIRECT SELLERS AND ITINERANT VENDORS FROM
ORDINANCE NO. 25, SERIES OF 1996 AND COUNCIL BILL NO. 11, SERIES OF
1997, WIUCH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS, Direct Sellen and Itinerant Vendors licemes were originally
included in Title 5, Cbapt.er 12 and were included in the moratorium that began on
June 10, 1996 and sw.quently atmded t.o July 10, 1997; and
WHEREAS, thil new Chapter 19, creat.ee a aeparate lic:eme which will ensure that
the City ill aware of penona vending on an interim buia or dinc:tly to the public, e.g.
door-to-door aalea; and
WHEREAS, the enactmmt of Cb.apt.er 19 will -the -oftt-licemea and
clarify the definitions to -UDdentand of licmae requjnmmta;
NOW, THEUFOBE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOU.OWS:
5ernor 1. The City Council of the City of......,_., Colando benby nipeala Title
5 , Chapter 12, SectiaD 2, oftbe .....,_. V,miripel Code 19115, ad macta a -
Cbapt.s 19, mtided Direct s.o.n ad ltina'ult V_... wbicb abaU reed u followa :
SECTION:
5-19-1 : DEFINITIONS
5-19-2: LICENSE REQUIRED
CIIAPIDII
5-19-3: APPUCATION FOR LICENSE
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5-19-1: DEFINITIONS:
CHARITABLE ORGANIZATION:
DIRECT SELLER
ITINERANT VENDOR:
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ANY ENTITY WIUCH HAS BEEN
CERTIFIED AS A NOT-FOR-
PROFIT ORGANIZATION UNDER
THE INTERNAL REVENUE CODE.
ANY PERSON WHO ENGAGES IN
THE SELLING OR OFFERING FOR
SALE OF ANY PRODUCT OR
SERVICE DIRECTLY TO THE
CUSTOMER REGARDLESS OF
WHEN THE PRODUCT OR
SERVICE IS AVAILABLE FOR SALE
OR USE.
ANY PERSON WHO ENGAGES IN
THE RETAIL SALE OF ANY
PRODUCT WHO DOES NOT
ACTIVELY ENGAGE IN RETAIL
SALES IN THE CITY OF
ENGLEWOOD FOR THREE (3) OR
MORE CONSECUTIVE MONTHS.
5-19-1: LICENBB RBQUIBBD: lT SHALL BE UNLAWFUL FOR ANY DIRECT
SELLER OR ITINERANT VENDOR TO MAKE A SALE WITHOUT FIRST
OBTAINING A LICENSE. EACH PERSON MAKING SALES FOR A DIBECI'
SELLER OR ITINERANT VENDOR MUST BE SEPARATELY LICENSED.
A. THE APPLICATION FOR A DIBECI' OR ITINERANT SALES LICENSE
SHALL BE IIADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE
5 , CHAPTER 1 .
B. THE LICENSING OfflCER MAY ISSUE EXBYPnONS TO CHARITABLE
ORGANIZATIONS, MUNICIPALITIES, OR THE STATE OF COLORADO
INCLUDING ITS AGENCIES AND DEPARTMENTS. AN APPLICATION
FOR EXEMPTION MUST BE FILED WITH, AND APPROVED BY, THE
LICENSING OFFICER PRIOR TO ANY SALE TO QUALIFY FOR TID8
EXEMPTION .
$ec;tigp 2. Liceme Fee : Liceme C-for tbia Cbapt.er llhall be determined uul
eet by City Council in accordance with 5-1-8 oftbia Code.
S@ctigp 3. LiceDW required: It llhall be unlawful for my penoa to act • a
Direct Seller or Itinerant Vendor without ftnt procuriq a liceue. All pnmaiou
of Chapter l, or thia Title an, applicable .. well .. tbme apecial proriaiam liated
below .
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Sec;tjm f. The Englewood City Council establiahed a temporary 9Ulp8D8ion or
moratorium of certain miecellaueous buaineu licenw for a period of six months
with the puaqe of Ordinance No. 25, aeries of 1996, extended the moratorium with
the puaqe of Council Bill No. 11, Series of 1997 and now removes the following
licema &om the moratorium:
Direct Sellers
Itinerant Vendors.
Sec;tigp 5 Safety Clallffl The City Council, hereby finds, determines, and
cleclana that thia Ordinance ia promulptecl under tbe general police power of tbe
City al Englewood, dl8t it ia promulpted for tbe health, aafety, and welfare of tbe
public, and that thia Ordinance ia nec:euary for tbe prNel'Vation of health and
safety and for tbe prot.ec:tim of public convenience and welfare. The City Council
further determinee dl8t tbe Ordinance bears a rational relation 1D tbe proper
legialative object eoupt to be obtained.
5@ct:icp 6 Severahility If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof 1D any peraon er circumatancea aball for any
reaaon be adjudged by a court of competent juriadiction invalid, such judgment
lhall nat affect impair or invalidate tbe remainder of thia Ordinance er ita
application to other .,._. or circumatancea.
5ertion 1 irnmeitfrrt QntiPIPGII All odllr Ordinancee er partiona tbereof
inconaistent er conflictin, with thia Ordinance or any portion hereof are hereby
repeaJed to the utent al auch imouiateDcy or conflict.
5ertion 8. Effect qf' mm! Al' ppgljftqtjqg The repeal or modification al ay
i*OWiaiuo ol tbe Code al tbe City al Bapwaod by tbia Ontirm aball nat ntieaae,
~ alter, modify, or maa,e in whole or in part any penalty, 6,di.itun, or
liability, either cml or criaiaal, which abaU baYe ti-incurnd under IUCb
prcmaioD. and w:b prcmaiaD aball be trNted and beld u atiD rwnaiuin1 in farce
for tbe purpNN al 8Ultainin1 ay and all proper actiana, IUita, pra cwliup, and
pa,-cutioaa for tbe ...-t altbe penalty, for&iture, or liability, u-U u for
the purpoae al aveteinin1 ay judplent, decrN, or Cll'der which CIID or may be
nndend, eat.end, or made in aucb aetioaa, IUita, sm-edinP, or proaecutiau.
5ertion 9 . fma)ty. The Penalty Proriaioo alE.11.C. Section l-4-1 lball apply to
each and every violation of this Ordinance.
lntrodw:ed, read in full, and puaecl Oil ftnt J"8lldins OD the 3rd day al Marc:h, 1997.
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Publiahed aa a Bill for an Ordinance on the 6th clay oC Mardi, 1997.
Read by title and paaaed on final reading on the 17th clay oC Mardi, 1997.
Publiahed by title u Ordinance No.__, Seriea of 1996, on tbe 20th clay of'Man:b,
1997.
'nlomaa J . Burna, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk oftbe City of'Eqlewoocl, Colorado, hereby
certify that the above and foreaoinl ia a true copy oC tbe Ordinance puaed on final
readin( and publiabecl by title aa OrdiDuu:e No. _, Seri• of 1997.
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OllDINAHC!l 1'0. _ -a,-
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BY AUTHORITY
COUNCILBILLNO. 17
INTRODUCED BY COUNCIL
MEMBER VORMITI'AG
AN ORDINANCE AUTHORIZING AN OIL AND GAS LEASE BETWEEN THE
LITl'LETON/ENGLEWOOD WASTEWATER TREATMENT PLANT AND J .
MICHAEL McGHEE.
WHEREAS, the City of Englewood City Council authorized the purcbue of a
farmaite for beneficial uae of the Littletoo/Englewood Wastewater Treatment Plant
Bioaolid.e Management Program with tbe pauage of Ordinance No. 2, Series of
1995/1996;and
WHEREAS, the Oil and Gu Leue ia for approximately 320 acres of land used by
the Littleton/Englewood Wastewater Treatment Plant for a five (5) year term by J .
Michael McGhee; and
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WHEREAS, entering the leue will preserve muimum surface activity control in
the event the rights are developed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sertim 1. Tbe City Council of the City olEqlewoocl hereby autboriw the Oil and
Gu Leue betwem the li~ Wut.ewater Treatment Plant and J .
Michael McGhee.
5ertim 2. Tbe 1-providea that the Citiea be paid ODHichth al the ~ proceeda
per year in the evmt tbat oil and Pl ia found. Tbe 1-iaduda a oae-time S320
bonus camideratioD reair-t.inl Sli .00 per net miDenl IICl"e.
Secticr 3. Tbe City lluapr • hia clempee ill autbariaed to--.te the Oil and
Gu Leue for the City al BDpwood, Colar.lo.
Introduced, read in full, and puNd Oil tint reMiq Oil the 3rd day ol Man:h, 1997.
Publiabed u a Bill for an Ordinance OD the 8th day al March, 1997.
Read by tide and paued OD final readiq OD the 17th day of Manh, 1997 .
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Publiabed by title u Ordinance No. _. Series al 1997, on the 20th day aC llarcb,
1997.
Thoma J. 8W'1UI, Mayor
ATTEST:
Loucrishia A. Ellia, City Clerk
1, Low:riabia A. Ellil, City Clerk ar tbe City ar Enclewoocl. Colorado, hereby
certify that tbe above and fore,oiDg ia a tzue copy alt.be Ordinance puaed OD final
reading and publiahed by title u Ordinance No. _. Series ar 1997.
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""ODUCllllS la.PAID UP --~.-.2-...
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OIL AND GAS LEASE
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25th
Townahip 4 South. a.a&• 57 Weat
S•ction 28: Nl/2
EXHIBIT
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STATII OP"-------------}-
COUNTY OP•'-----------
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--. .. -....... _,. -· .. -.. -c-,, --· -__ :;._ _____________ _
..,.,.c;. __ --------------•• ___ ._.........,,.., .. .._-c: __ ----------------------------
______________________ .......... _ ,._.__--__ -----___ ......... ...._ .,..._ _ ·--....,._ .. __ -_ _,, _______ ...,.....,._ ... _
INwn,nmawmBCIP.1_..._ _ _, ______________ _
M)' c:--... .....; i'iiilic . -., ..-:::;.... ______________ _
~~~-----------}-
.--. ............
-.--------------------··----.......,. ........ -----------------------------------
--------------------__ .......... _ _,... ___ _
---........ ----.-* ·1s··--...,_ .. __ -_ _,, ___ .. ______ ... _
Df'WIINm......,..,I ___ _, ____ _, ___ _,_. ___ _
Mr w-;:www . ......, ----------------------------------
ITATII OP.·.a::~-----------1-
COUNTY ~'c<;;....----------1.
AtXE a •r •rr--•eu--
--...:...-----------------A.D . 19---,.-Y ... --~-----------------------------------------------. -_...-.-. .... ..,. _...,. -.... -...... ---------------=-"-----------------------------------------------------...... --.... __ ., .Wm,-______ ..,.._._... .. .....,_,_ I ..,._.,,_, ______ _
_ ....__ .. ._ __ ,_._,_.. I ...._
-----------"""---------'--C..C::::~--------------A.D ... _
ClaA~
Mr CMI-----~--------
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ADDENDUM
To That C.ertain Oil & Gu Leue
Dated November 25, 1996,
by and between the City of Littleton and
the City of Englewood, Colorado (Lalor), and
J. Michael McGhcc (Lessee)
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nus ADDENDUM shall modify paragraphs numbered 6, 7, 8, and 9 of
the Oil and Gu Leue between the parties dated Novanber 25, 1996, and
concerning the North 1/2 of Section 28, Township 4 South Range 57 West,
Arapahoe County, Colorado. The incorporation of this Addendum shall occur by
reference to the Addendum's existence in paragraph 9. For purposes of consis-
tency, all terms utilized in the Leue lhall be utilized in this Addendum.
The Lessor's permission, grant. demile, and leue of the subject lands is
subject to the following conditiom, wbic:h the Leaee actnowledges. accepu. and
agrees to be bound by, together with the Leaee's specific agreement that it will
bind its heirs, suCCCS10rs, and usips to tbae terms and conditions u well. The
conditions of this Addendum to said Oil and Gu Leue are u follows:
1. In acx:ordance with paragraph 6 of the Lease. Leaee's right to me.
free of cost, gas, oil and water is subject to uses IOle1y related to the production of
said gas, oil and water from Lcaor's premises and for no other purpoae.
2. All pipeline facilities constructed by Leaee lball be located at least
three feet below the soil surface at any location on the property, with the
exception of well beads, tana. acparaton. and otbcr facilitiea and aa:ea roada.
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3. All wells drilled on the subject property shall be drilled at locations
agreed to by the Lessor in advance, which approval of said locations shall not be
unreuonably withheld by the Lessor.
4. The construction of access roads, well sites, and other adivitiea, pump
stations, tank batteries, acparators, and other facilities usociated with the
production of oil and ps shall only be constructed at locations approved by the
Lessor in advance, which approval shall not be unreasonably withheld by the
Lessor.
5. Construction of any facility on the property shall occur only at times
that reduce the pombility of eDYironmental damage and destruction of the
Lessor's premises. In this reprd, construction shall not occur immediately after
nin or snow events or at times when said construction activities would be
impaired by the unstable condition of the 10il.
6. The Lcacc's right to remove madlinery and fimues on the premilcs
shall be limited by its obliption to undertake tboe removal ldivitiei at times
when the condition of the premilc is chy and unsaturated, and the Lcaee
specifically agrees and accepts its obliption to fully and completely reatore the
premises, including the removal of all evidence of road comtnac:tion. drill pad
construction, mud pits, sumps or other surface disturbaDces.
7. Lessee spccific:ally agrees to reclaim all areas disturbed by ill
activities and shall cover any distwbcd areas affec:tcd by ill operation witb a
minimum of four inches of dean top 10i1. Leslee furtbcr qreea to imme tllat fall
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raaontioa of tbe lile ormn ia armrdaDce with tbe ~ of tbe Natkmal
8. Lnn 1, priar to die inkie•m of ay amviliei on die lllbject property,
1pW ad Cw-NPIPIS to oblaia a bond ia dl8 IIIIIOllllt of l50.000 payll,le to die·
Leaor apan die fdme ofLeaee to peilnl-, of die Nqiliaw lfNldlied iD
dlil dlxllmlmt, aid bond to nmaia ia fall farm ad elflc:t IO DII a 1.eaN
nrainl a11J iallerelt ia tbe Lwor'I praperty. Beteaticm of aa inlenilt mll indade
die owdliad emtace of tbia Leae ad aay aplandoa. clrlliDa or pn,ductioa
attivid1il ... flWD die ---of tllil Leae dlroe .......... die -
may be ei1eade4.
DATEDIWl_daJof _______ • 1'9_.
IFSSEE· IBSSOR:
IDr City of P -a MGd
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STATE OF CX>LORADO
CX>UNTY OF ____ _
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Sublcribed under oatb bebe me by J. Mic:bwl MdJbee on tbil _ day of
_____ _, 199_.
My commillion ..... ________ .
NOfARY PUBUC
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STATE OF COLORADO
COUNTY OF ____ _
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Subscribed UDder oath before me by ________ OD behalf
of Clty of UU:leton OD tbil _ day of-----~ 199_.
My commiaion apirea --------'
NOfARY PUBIJC
STATE OF COLORADO
COUNTY OF ____ _
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Sumcribed UDder oath before me by _______ OD bebllf of
Clty of Englewood OD tbil _ day of _____ -.J 199_.
My commiaiou apirea ________ .
NOfARY PUBUC
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
COUNCIL Bll.L NO. 18
INTRODUCED BY COUNCIL
MEMBER VORMITrAG
AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, BY THE CREATION OF
TWO NEW SECTIONS 7 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985,
REQUIRING AFFIDAVIT OF INTENT FOR WRITE-IN CANDIDATES AND
ALLOWING CITY COUNCIL, BY RESOLUTION, TO CANCEL AN ELECTION IF
THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED AT
SUCH ELECTION.
WHEREAS, Colorado Revised Statutes 31-10-306, allows the City Council t.o adopt
an ordinance requiring write-in candidates t.o file an affidavit of intent twenty days
prior t.o the election with the City Clerk; and
WHEREAS, C.R.S. 31-10-507 allows the City Council t.o establish thst if the only
matter before the voters is the election of persons t.o office and if, at the clOR of
business on the 19th day before the election, there not more candidates than offices t.o
be filled at such election, including candidates filing affidavits of intent, the City
Clerk, if instructed by resolution of the governing body either before or after such
date, shall cancel the election and, by resolution, declare the candidates elected;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tion 1. The City Council of the City of Englewood hereby amends Title 1,
Chapter 8, with the creation of two new Subsections 7 and 8, of the Englewood
Municipal Code 1985, as follows :
1-8-7: WRITE-IN CANDIDATES:
WRITE-IN CANDIDATES MUST FILE AN AFFIDAVIT OF INTENT WITH
THE CITY CLERK OF THE CITY OF ENGLEWOOD, COLORADO IN
ACCORDANCE WITH COLORADO ELECTION LAWS.
1-8-8: CANCELLA'nON OF ELECTION:
IF THE ONLY MATTER BEFORE THE VOTERS IS THE ELECTION OF
PERSONS TO OFFICE AND THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE FILLED AT SUCH ELECTION, INCLUDING CANDIDATES
FILING AFFIDAVITS OF INTENT WITH THE CITY CLERK, IF
INSTRUCTED BY RESOLUTION OF THE ENGLEWOOD CITY COUNCIL
EITHER BEFORE OR AFTER SUCH DATE, SHALL CANCEL THE
ELECTION AND BY RESOLUTION DECLARE THE CANDIDATES
ELECTED IN ACCORDANCE WITH COLORADO ELECTION LAWS .
Introduced, read in full, and paued on fint reading on the 3rd day af March, 1997.
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Publiabed • a Bill filr m Ordinance cm 6th day March, 1997.
Read by title and pMNd cm fiml readinc CID the 17th day a{ March, 1997.
Publiabed by title • Ordinance No. __, Serim al 1997, cm the 20th day al March,
1997.
ATTEST :
Thom• J. BUl'D8, Mayor
Louc:riabia A. Ellia, City Clerk
I, Louc:riabia A. Ellia, City Clerk af tbe City aC Eqlewood, Colondo, hereby
certify that the above and fonaoiDI ia a true copy al the Orctinanee puaed on fiml
reading and publiabecl by title • Ordinance No. __, Seri• of 1997.
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aa<>LUTIOX 1'0. ~
smm:BO,U97
A RESOLl.mON ESTABLISlllNG FEES FOR DIRECT SELLERS AND ITINERANT
VENDORS LICENSES UNDER TITLE 5, CHAPTER 5, OF THE ENGLEWOOD
111.JNICIPAL CODE 1985 .
WHEREAS, the City Council tithe City mEnp,wood, Colando baa .-ended the
En,tewoocl Municipal Code with the ..-.are m C.B. 16, Seri• of 1997, by cleletinf the
reference to lic:eme f-; and
WHEREAS, liceme f-are more appropriately Nt by Council reaolution on an annual
basis; and
WHEREAS, this resolution eatabliaba liceme f-for Direct Sellen and Itinerant
Vendors ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
5w:wm 1. 'Ibe City Council of the City• Enpwood, Colorado hereby approv• the
following fees for Direct Sellen and Itinerant Vmdors:
A . Direct Sellers Lic:eme Fees:
Application Fee
B . Itinerant Vendors Lic:enae F-:
Application Fee
$25.00 three months
$75.00 annually
$10.00 paid in advance
$25.00 three IDCIDtha
$75.00 &DDually
$10.00 paid in advaace
ADOPTED AND APPROVED tbia 17th day al Man:h, 1997 .
ATTEST : Tlimnu J . a-, llayar
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk for the City rll:qlawood, Colorado, benby catify the
above i.a a true copy of Raoluticm No ._, Seriea rl 118'7 . I·
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COUNCIL CO......:ATION
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Mardi 17, 1197 Relollllion ellablilhlllCI fees for
11 a i TIie 5, Chlpt.-11, Direct Sellefs
and ....... Vendors.
lnllllllacl By IF ... lltllffSource
of Flnanclal Servlms Dlredor
COUNCIL GOAL NtlJ PREVIOUI COUNCIL ACTION
This l'NOlulion llltabllllles fees for dlrlld ...... and ltlnerwt vendors llcemes. Eltablllhlng fees by ntSOlullon Is
reqund by Title 5, Chapter 11.
Al the May 8, 1918 ltucly Nllion, ltaff dilCUINd the propoNd moraorium wllh the City Council. On June 3,
1118, the City Council read and palllld Ordinance 25, Ser1el ol 1118 on final l'Ndlng. This Ordinance
eltablllhed the moratorium to run from June 10, 1118 to Decembel 10, 1118. Council adopted Ordinance 55,
Series of 1118 extending the rncntortum un111 Aprtl 10, 1197. On February 18, 1197, City Council approved on
first reading a 11111 for an ordinance exlandlllCI the fflOl'llortum unlll July 10, 1197. Council approved on first
reading adding a new Title 5, Chapter 11 to the City Coda.
IIECOl•ENDED ACTION
Staff recommeildl City Council approve thll l9IOlullon .
IIACKCIIIOUIII), NML.ftla, NtlJ AL TERNATIVD IDENTFIED
,,_ IIC9laa _. Oltglnaly lncludad In TIiie 5, Chaplar 12. and lhay .... Included In 81a moralDrlum 11111
bagall on June 10. 1•. and UINCllaanliy axtendad to July 10, 1117. Fw .. •bf ......... to allow City
Councll ftmdblly In ...... ID and Nlllng fees.
No allernallV9S ... Identified .
FINf.NCIAL .. ACT
Fees .. not changing from prevtous levels, an applk:ation fN ol 110.00 Ila bNn added to cover alnlllMallwe
COits . The City ol Englewood collaCled 1100 In dlnlct .... and......,. V9lldDr llca,a fw In 1118.
L.18T OF ATTACHIIENTI
Copy of l9SOlution
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Cl'IY MANAGER'S CINDEREU.A Cl'IY AC11VITY REPORT
March 13, 1997
• Miller-Kitchell
Activity : Development Agreement
Goal is to have this item completed concurrent with PUD Master Plan
submittal . Status has not changed since November 26 report.
Staff Source -Dan Brotzman
Activity: Land Planning
13 (a)
NBD and developer are meeting next week to develop a revised schedule .
We'll make the revised schedule public upon completion. The developer is
updating their financial pro-forma and will be discussing the revised pro-forrna
with City staff within the next 2-3 weeks.
Staff Source -Bob Simpson
Activity: Traffic Study
Traffic study discussed with City Council at March 10"' study session. Public
Works and NBD are still working on the study with Clarion's subcontractor.
Staff Source -Bob Simpson or Chuck Esterly
Activity: Tenant Reauitment
General merchandiser recruitment activities of one particular prospect are
underway . Miller-Kitchell and developer are in the process of oonverting
Staff Source -Doug Clark
• Equitable
Activity : Purchase/Sale Agreement Completion
City and Equitable are negotiating a restructuring of the Purchase/Sale
Agreement whereby Equitable would environmentally clean the property and
make ready for demolition in lieu of their $1.5 million contribution. City
Council has been briefed on the status of this .
Staff Source -Dan Brotzman and Doug Clark
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• Men:antlle
Actiytty: Men;antile Property Gift to City
City and Mercantile have reactivated negotiations on this . We are attempting
to complete a Purchase and Sale agreement.
Staff Source -Doug Clark or Dan Brotzman
• Montgomery Wanle
Actiyity: Wards I enw Surrender
Equitable agreed to handle this on March s•.
Staff Source -Doug Clark
• RTD 1Ja1at Rall Statloa
Actiyity: lntergove,nrnental Agreement
Completed. December, 1996.
• SelbeJKRAVCO Five Aaw
Actiyity: Fee Title
City has postponed indefinitely exploratory talks with Selbe family to purchase
the former overflow parking lot north of Cinderella City. The City will be
subleasing the property from KRAVCO. Given there is 65 years remaining on
the lease it is not essential the City obtain title to the property at this time.
Staff Source -Doug Clark
• Actiyity: KRAVCO 99-Year I ew
KRAVCO and the City, ~ through Equitable, have reached an
agreement in principal whereby the City will subleale the SebrJKRAVCO ftve
aaes at KRACO's oost (approximately $14,000 per year).
Staff Source -Doug Clark
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Response to Doug Clark
City Manager
City of Englewood
CITY COUNCIL
March 16, 1997
Regarding: Memo to Lauri Clapp
Councilwoman District III
Dated March 13, 1997
Lauri Clapp
Council Mtm~r
Distrkllll
3400 Soulh Elali Street
Englrwood. Colorado
(110-2304
Phone (303~2-2110
Home (30)1 761 -182S
FAX (3031 762-2408
I do not agree with Dan Brotzman's opinion concerning
Article VII, Section 52 (g) and (b). I believe it would be
prudent to seek another legal opinion on this matter to
protect the City of Englewood against possible future legal
liability for violation of the City Charter.
You have made it quite clear that you endorse the concept
of double dipping pensions at the City's expense . I take
extreme issue with your position. Englewood should pay out
only one pension per city employee. Our city government
was not designed to make it's employees rich.
Concerning Al Stanley's memorandum dated March 12th, 1997
to you concerning the subject of "Assistant City Manager
Position" Since you chose to send this memo to me along
with your memo, I can only conclude that you are in total
agreement with it's contents and tone .
In one instance Al Stanley states "I am not interested in
retirement and then being hired as the Assistant City
Manager" . In the very next sentence Hr. Stanley states "I
might have been under different circumstances". I take
this to mean that he would have enjoyed the opportunity to
take retirement and a city pay check if no one would have
objected. Sounds a little like sour grapes to me .
Hr . Stanley seems to object most vehemently to my having
the audacity to dare ask any questions that even touch upon
the issue of what compensation would b• paid to him i n the
event he is hired as the Assistant City Manager . He s t ates
that it is "moot, hypothetical and a waste of time to
answer". Further, Mr . Stanley states that my concerns ar e
"i nterna l administrative issues and therefore outside the
sc ope of council".
Any t i me you or any other Department Head proposes to
c reate a position in City Government that pays out we l l
over $100 ,000 dollars a year to a new employee I am going
t o ask questions and plenty of them. Any Council Member
who objects to such questions is derelict in the i r duty t o
t he pe ople who elected them. •·
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Hr . Stanley states in his Memo "If these issues continue to
be a concern and interfere in the daily operations of the
city, they can easily be remedied". I fail to see how
asking pertinent questions about a possible salary in the
range of six figures for a proposed new position will
"interfere in the daily operations of the City" . Further,
would Hr. Stanley care to elaborate on the veiled threat of
"can be easily remedied"?
Doug, you nor Hr . Stanley nor any other Department head
working for the Citizens of Englewood will tell me nor any
other member of the duly elected Council what is or is not
our concern regarding City Business . Council answers to
the Citizens of Englewood, not to the City Manager nor the
Safety Services Manager . It is your job to comply with all
lawful requests for information from Council Members on any
and all matters concerning city government.
Doug, the tone of Hr. Stanley's memo was insolent and
bordering upon insubordination. Not satisfied with simply
delivering such a foolish and ill advised statement, Hr.
Stanley choose to advertise his contempt for Council by
copying the entire safety services staff as well as all
department heads . His intent by this action is clear, Hr .
Stanley wants to encourage insubordination and contempt by
other staff members .
I am astonished that you lacked the good judgment necessary
to council Hr. Stanley against sending such a diatribe.
What's even more astonishing is that you endorsed it .
Doug , have you forgotten who you work for ? You were not
h ir e d to tell the Council what to do or what to think.
Your actions insult the Citizens of Englewood and bring
d i sgrace to your office .
Doug, I want this reply included in your personnel file and
Al Stanley's personnel file along with your and Al
Stanley's original memos. See to it that this memo is
d istr ibuted to the same people who received Hr. Stanley's
o r i gi nal memo , All City Council members, Department
Direc tors and Safety Services Staff.
Lau r i Clapp
City Coun c ilwo man
Distric t III
cc : Ci ty Counc i l
Depa r tment Directors
Safety Serv ic es Staff
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MEMORANDUM
TO:
FROM:
DATE: Mardi 14, 1997
SUBIECT:
Afta' comidcrlblc thoupl, I ha~ decided to pollpODC die rccrui1lncnl of a pcnlllllClll
Auisllllt City Mauser.
I bave uked Al S1anlcy to oorniave serving in 1bc dull role of JDlaim Aui-City
M...aaer and Dnctm of Safety Seniccs for• w.ddamined amount of time. Tbia allo
presents • terrific oppor1ullity to cvalualr tbis ....... •nmt IDWl,emcnt
l bave ICvcral 1a1C1111 for dlis action. Fira. it is appaaeut my ctforts, pllticularly u tbey
rclale to comidaing Al Sllflley for die job • a JN11D1MD1 buis. is being met widl
wcifaous oppositiaD hm one council .....a.. Tim leads to fm1ller CCIIICClll dlll tlm
may cw a~ rift wilbin die city coaacil -.J/or be.tween individual couacil .......
.. the city DlST?pr.
Sccandly. this is hmDI • clNeeiiUWy aft'ect ca oda pressing iuua. Coezi:le lllle liac
is beiDg spmt laClldeiag .. ...,..,,. to cowil iafonllllioa rcquem rcpdilta tllil ........
Lady. tbis may balm oar ability to llirc ialo odlCr city 90vamnmt occupatims our bat
7Dd briplat rctincl £aalewoocl police 7Dd m fill*n. Current ditc:emion about
dilqualifying police IDd file retirees from c:ivililn employment IDd •eti.W plln
plllicipllim would not be andaway bad l not talked to city council about prcw,... Al
Staaley. Al Stanley's ltlltUI sbould not oblcure or lllint city council dclibenaaai • die
broader issue of rcstrieliq fflired police ad file fipler employment opponmilies.
In closin& I would like to invite 1bc council to join me in Ibis iippi oadl in the lpirit of
coopaatioo.
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TO:
FROM:
DATE:
SUBIECT:
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Council Member Lauri
Doug Clark, City Mal'laglJ~ J.)
March 13, 1997
Council Request #97-39
This replies to your March 11"' e-mail request.
I am told by Dan Brotzman Artide VII, Section 52(g) is not applicable in this matter.
This charter section addresees the establishment, consolidation, and abolishment of
administrative departments. I encourage you to speak to Dan about this. You may
also want to refer to Article VII, Section 52(b) when you talk to Dan.
We are recommending an Internal Management Audit program at study session next
Monday night. This was previously dlscu&&ed In study session last Fall. Council gave
us the go ahead to present a process by the end of the f'ust Quarter 1997 for possible
implementation in FY 1998.
In response to your four questions:
1. An exact doDar amount on the oost of Al Stanley's total compensation package if
he were to become Allistant Qty Manager ii not available. A formal offer has not
been extended and Al and my discuslions regarding the position have been
conceptual and general in nature. To date we have not talked money. Al is
earning around $80,000 per year.
2. The difference in compensation to make an outside hire versus Al will be the
salary and benefits of the outside penon hirad. The Depmtment of
Administrative Services is doing a comparative salary study of Assistant Qty
Manager's In the area and will be recommending a salary range to me . I'm
anticlpatlng a mld $60,000 to $80,000 per year range. f'agure about another
30% for benefttl for a total package of around $100,000.
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3. The Fmance Department estimates Al wit earn $3,860 per month in retirement
pay If he were to retire effediYe March 30".
4. Al has indicated he is not intmested in the Allistant City Manager position for
purpcas cl drawing 1etb1111nent. The Allistant City Manager is eligible to
participate In the City's ICMA-RC 401 plan. If Al chooees to partk:ipate in the
ICMA-RC plan, his police plan beneftls wa be frmrm in place effective the date
entered the ICMA-RC plan. The ICMA-RC plan is a deftned conbibution plan with
the City contrtbutlng lM» and the ~ 4'1, with immediate vesting.
In closing, I would like to rm you to Na attached memorandum dated March 12".
Al illliltad I bward this to c.ouncu and you since it expi 111& his sincere feelings
about this matter.
Thanks.
cc: Mayor-Bums and Min ... of Council
Den Brotzman, City Atlomey
Al Stanley, lnlarirn Alliltant City ._
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MEMORANDUM
1'0a 0.Sa.11. eta, ......
nGIII A. P • .._,,Wily.__~
Mfl: Mada 12. 1997
IUIIIICT, Aall'l'ANT aTY IIAIIAGlll l'Oll'IIOlf
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MJ"I fiJ:1-'M .._. 111J LCLAPP, ._. 1111"7 IMJ M "C1aI1P ....... .. ,~-
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{1 22] F r om: LCLAPP 3 /11/97 10:43PM (2450 byte s: 49 l nl
l o mailing list : #Cit y Att o rney , #City Council , #City M~nage , S ub jec t : Council Req u e s t
-------------------------------Message Content s Doug,
-·-------------------
During our last c ouncil meeting of Mare t 1 1 . 1 rocn i t "'as
pointed out by Dan B r otzman that acc.01 d1ny l.c, ti ,.,, t 1 ty
ha r ter, Arti c le VII section 52 i ten, g, t e C i ~.>' 11.,na g er is
required to seek Council approval by "o r :i in.,,"· e I o
establish consolidate, or abolish adm1 n ist,~t tv~ departments".
r understand this to mean that you c.annot u 11 1 J ,,t e ; ,, t l y
decide to create the POsition of "Ass1st.:i.11t C1ty 11 ,,n age r"
without violating the City Charter . S inc,3 it wou.J d be
illegal for you to proceed, I strongly a d v i se ;o u t o refrain
from making such proposed changes in tho .,b:..er,.;e o f an
ordinance granting you the autho r ity to d o so
F urther, afte r r eviewing our council i ntonrrf.t,on .l ·i::-.t , on
ll/08/96 we discussed audito r y problems a.n,I ,focJded Lo hire
a n outside company to come in and do "pr of i c icnr·v ;;ud1ts·· on
e a c h department. What is the status ot thi s, ·lUd , t:'
Do u g, I want t o k now the answers to the to110~1 ng qu e ~tions:
l. If Mr Al Stanley is hired as the Prol'.J :-:.ecj A~~-ist.a nt C ity
Manager wha t would be his total compensat.J.on par k .:,q e. I
want to know the e x act dollar figures fo, sa !.Hy . c ost of
benefits, vacation, city provided car etc. ! •k11t to know
o f any and all benefits to be provided and thci I do llc-ir eq uivale n t s.
:?. If someone else is hi r ed from outs ide the c,tv wh~t if
any d j ffe rence 1n the total compensat i on ~~c~ 10 w1 Jl there be">
3 . How mu c h will Mr Al Stanley be rece1v in .::i 1 1, refir C'111ent
benefits when he retires f r om Safety Serv 1ce~.
4. l f Mr Al Stanley is hi red as the As si _;t , nt •. i Ly Ma nager
when wil l h e be eligible to r etire f r om fl!. 1 ~'<>· •. i tion ':' How
mu ch 1o1ill h i s ret irement benefits be trom tl ,e Ar i ·,tant City Manager pos i tion"
.oug , I h ave as"ed you thes e ques tions be t r o a ,1 you have
no t provided me w ith the figures . Let·~ 11ot l• .,, .cir ound the
b ush a ny more. A fr a n k and open d i s c u s sion pf I.h is ma tter-is i n order and ove r due .
Lduri
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
1. Call to order.
2. Invocation. ())tl/?£4k:;
MONDAY, MARCH 17, 1997
7:30P.M.
3. Pledge of Allegiance. t()Jl.,,,'-t><:)
4. Roll Call. /.p ~
• , 5 ,011~ Minutes. (p ,0
a. Minutes from the Regular City Council Meeting of March 3, 1997.
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
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7. Non-Scheduled Visitors. (Please limit your presentation to f,ve minutes.)
8 . _:~~~~iations, Pnx:~mations, ~ Appointments. '
~,. ~~a~tion honoring Christina Blomberg on the occasion of her 99"' birthday.
t,•O
, 1 ,.,-• :..if "~o b. Procla~tion declaring the week o( March 16-22, 1997 as lnlernalional OeMolay
~· Wea
~ c. Procla~tion declaring the week of April 6-12, 1997 as luilding Safety Week.
Procla~tion declaring April, 1997 as the Month of the Young Child. O,off (, ,-(> d.
µ~
e. Letter from Joan Miletto indicating her resignation from the Englewood Cultural Arts
Commission.
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9 . Public Hearing. (None scheduled)
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City Council Agendi
MMch 17, 1997
Pi11t!2 Q {p,,
. 10. Consent Agenda .
. . ~ .-,'b [µ~1 6 lP a.
\ } .,, Approve on First Reading.
i.
ii.
iii.
Recommendation from the Department of Financi.-.1 Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Adult Entertainment Licenses, and removing the license from the
moratorium. STAFF SOURCE: Fr-" Gryglewicz, Director of Financial
Services.
Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Purchaser of Valuable Articles licenses. STAFF SOURCE: Frank
Grygl-icz, Director of Financial Services.
Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Tobacco Dealers licenses. STAFF SOURCE: Frank Grygl-icz,
Director of Financial Services.
Q Recommendation from the Department of Financial Services to approve a~
Ir for an ordinance adopting a new chapter in the Englewood Municipal Code
v~ e,};J.l} pertaining to Weapons Dealers licenses . STAFF SOURCE: Frank Grygl-icz, Vo/ / Director of Financial Services.
v . Recommendation from the Department of Financial Services to approve a bill
i for an ordinance adopting a new chapter in the Englewood Municipal Code
ej;;;iopertaining to Special Events licenses. STAFF SOURCE: Frank Gryglewicz,
Director of Financial Services.
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Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation of Public Improvement Fund
reserves to fund three 1997 projects that were submitted after the 1997 Budget
was approved. STAFF SOURCES: Frank Cryglewicz, Director of Financial
Services and Chuck Esterly, Director of Public Works.
Recommendation from the Department of Public Works to adopt ~ ltaolul6on of
Intent to form Paving District No. 38 . STAFF SOURCE: Charles Estetfy,
Director of Public Works.
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Recommendation from the Department of Neighborhood and Busines s
Development to adopt a bill for an ordinance approving the 199 7 Enterpri se
Zone Marketing Contract STAFF SOURCE: Arthur Scibelli, lusi,-
Community Coordinator.
Recommendation from the City Attorney 's Office and the Department of ~ 1.,-f>
Utilities to adopt a bill for an ordinance authorizing new deeds for the C-470 ./1r,,f
Interchange STAFF SOURCES: Dan Brotzman, City Attorney and Stew.t
Fonda, Director of Utilities.
Plwenala: If yea hne a clabillty wt nwl ..._,_.or---.,..__, llleCllyol &Ila _. (76>->111)11 ............... ___ ., __ .,... ............. you.
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f av Council ....
Man!h 17, 1997
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x. Recommendation from the Littleton/EnglewOQd Wastewater Treatment Plant U
Supervisory Committee to approve,bv IIIIMlail, a construction contract for t§ 1
trickling filter repair at the Plant. The Committee recommends awarding the · · 1
contract to Centric Jones, the Phase 1 b contractor. STAFF SOUICE: Stewart H/!"( ,.ff; d J
Fonda. Utilities Director. ~-/ . (p ,1) . (1;,µ.A 11)
7 ~ b . Approve on Second Reading. ~
l)JlA\°\' 1 t _ ,Jif-i. Council Bill No. 10, approving two Temporary Easements~ one Permanent
l;9-J;; 1 C)'IIJ IJ. Easement on Oxford near the Golf Course.
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Council Bill No. 15, approving the Grant of City Ditch Easement for 835 W.
Quincy Avenue.
Council Bill No. 16, adopting a new section to the Englewood Municipal Code
pertaining to business licenses for Direct Sellers and Itinerant Vendors and
removing the licenses from the moratorium .
Council Bill No. 17, approving an Oil and Gas Lease for the
Littleton/Englewood Beneficial Use Farm.
Council Bill No. 18, requiring an affidavit of intent for writ~n candidates and
allowing Council by resolution to cancel an election under certain
circumstances.
Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
Recommendation from the Department of Financial Services to adopt a
1111 r establishing fees for Direct Sellers and Itinerant Vendors licenses.
STAFF SOUICE: mm Cryslewicz, Directar of Financial Semca.
b . Approve on Second Reading.
12 . General Discussion.
a. Mayor's Choice.
b . Council Members' Choice.
13 . City Manager's Report .
a. Cinderella City Status Report.
14 . City Anomey's Report.
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City Council Agend,I
Much 17, 1997
Page4
Adjournment.
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The following minutes were transmitted to City Council between 02/281')7-03/13/97:
• Englewood Housing Authority annual meeting of January 29, 1997
• Englewood Housing Authority regular meeting oi January 29, 1997
• Englewood Cultural Arts Commission meeting oi February 5, 1997
• Englewood Parb and Recreation Commission meeting oi Februa,y 13, 1997
• Englewood Election Commission meeting oi Februa,y 14, 1997
• Englewood Planning and Zoning Commission meeting oi Februa,y 19, 1997
• Englewood Liquor Licensing Authority meeting oi March 5, 1997
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PUBLIC COMMENT llOSTEll
AGENDA ITEM 7
NON-SCHEDULED VISITORS
MARCIi 17, 1"7
NON-SCHEDULED VISITORS MAY SPEAK IIOR A MAXIMUM OF
FIVE MINUTES. EACH PERSON WJ8QNE TO SPEAK SHOULD Sl~N
TRIS PUBLIC COMMENT ROSTEII. S1'A11NG NAME. ADDRE§. AND
TOPIC OF COMMENT.
PLEASE PRINT
TOPIC
~Nh , thrznut 8&t3 s . 6tMh: :5t, v a..<a.. .Az p 11ie. z..
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Phone Zit 1./f;:!
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9711
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•••••••••••••••••••••••••••••••••••••••••••••••••••••• ................. r"E'ICRV ST~ ~ ••••••••••••••••••••-••(~ 19 •g"7 10=43=1'1>·--··-···-••••
CITY CF El'G..EWOOD
••• •••••••••••-\ •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ............................ _, __ ........................................................... CR.JTO> ....... -........... .
FILE FILE TYPE
047 l'EMORY TX
OPTION TEL NO.
7614810 01
llllll ___ llffllllllllllllltllllllllllllllllllltlllffllllll-11111 II 1111111 lllllllllllllllllll--lllfffffflltltlltllHlffllllH-IHffff ... __________ 11 .
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~INING OU. CAPACITY 298
AGENDATJ~l&ti .... M/.---~-------------------
NON-SCIIEDULED VISITORS
IIAIICll 17, 1"7
NON--1CBED1JLED VISl'l'OIIS MAY SfMX l'Oll A MAXDIUM OI'
FIVE MINlJ'nS. UCB PDSON WJIUJNG JP RIM SIIOULD SIGN
TRIS PlJBUC COMlll!NT ROSl'EII, STATING NAME, ADDllESS, AND
TOPIC 01' COMIUNT.
ff &&St PIUNJ
~l ~At!t
V ~a. A', u ,,1-e z.
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................................................................................. ._. l'El'ORY STORAGE REPORT ........................ Cl'v:lR 18 '97 12: 1Sf'MJ .. , ............... ·j
CITY CF ENGLEWOOD
................................................................................................................................................................................. ci:uTO l .................... ..
FILE FILE TYPE Cf>TIO'i TEL NO. PAGE
017 !"EMORY TX PER5()-R.. CODE 0225 5925460 06
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RD'V=IINING ~ ~ITY 299
CnY MANAGER'S CINDEREUA Cl1Y ACl'IVffY REPOR1
Jlan:la 13, 1997
Mlllllr-KitdleD
Actiyity; Develcpnent Amaam@nt
Goal is to have this item complated c;.onc;ummt with PUD Master Plan
submiual. Status has not changed since November 26 report.
Staff Source • Dan Brotzman
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Agiytty; wd Planning ;
NBD and devcJoper are meeting nat WNk to d8v.iop a nMMd ~---...-.--
We'll make the reviled schedule public upon completion. The dewloper is
updating their financial JXO-forma and will be di1culling the NViNd pro-forma
with City st.ff within the n.xt 2-3 weeks.
Staff Source • Bob Simpaon
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHEDULED VISITORS
MARCH 17, 1997
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF
FIVE MINUTES. EACH PERSON WISHING JP SPEAK SHOULD SIGN
THIS PUBLIC COMMENT ROSTER, STA11NG NAME, ADDRESS, AND
TOPIC OF COMMENT.
ffcJASI PRINT
NAME APPlffl TOPIC
CCSIGNI
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Month of the Young Child
Schedule of e,,ents
• April 7th. l\londa~· -Story time at Englewood Library c>n Elati -I fl a .m (Tonda Swan
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April Ith, TUHda~· -C arni,·al for children and their parenll • Smoky Hill United l\lethoJisl Church • 6pm-Spm
This e\'enl i, free to the children. Parent, si1111n at the door <Linda Allen 69(1-39:?11)
"April IOlh. Thunda,· · Firehouse visit at Enalewood fire-ion. 3615 S Elati . Enat~wood • 9 :30 a .m.(Tonda Swan
•April 10th, Thunda,·. St~· time 11 Smoley Hill Library. Pmlcer and Orchard Road. 111 :30. 11 ·fN) am . This Library ,nil
rrm-ide slor)11me for individual day care f'l'0\·1ders if you req-it . (Mary~-699-:?fill I l
April 11th, F..W.,·. Laser Tag special at Planet Pizza· use coupon on this rage.
•Apr11 t4dl. M--,· -Bumper bowlina at Arapahoe Bowl. 6850 S . Da)1on-9 :30 a.m. SI f(1 per aa-(includes shoesl.
{Janet Miller 699-6711 l
•••Apr111-. w....._,. · "Little Red Ridins Hood" pri, .. 1e performance. at the Dem·er Puppet Theater. 5156 West 38th
A,·e . Dem·er-9 ·3«• am $3 fN·1 ~ r,er1m . Janet l\liller 699,26!11
••• April II. Frida,·· Oi!ICO\"er)' Zone at C ounty Line and Quebec at I (I a .m .
S:? 99 pl1111 tax (lunch anilahlel
April 11. F..W.,· · Pan: , Bul,l,les day at Del-Mar park 9 :3111 .m . brina your lunch
... April 21, l\lenda,· · Discover)· Zone at Aurora Mall at 91.m. • S2.99 plus tax. tlunch a,·ailablel (Karen l\lcConnack
April 12nd. TUHda~· ·Park , Bubbles day at Deco\'Sn pan: 9 :3«)a .m. Brina your lunch. 1'1eet at the Play llfOund . Res.!fntions
not needed hut it would help 1111 to know hm,· many to expect .
April U. Thunday · ErnergenC\· procedures equipment at St. l\lartin's in the F idd church parking lot Bucl:le,· and
Wagontrail 9a.m -12 :m noon. Pack a lunch or l\lcdonald'• cl~~-.
• April 21. l\leRda,· · Story time at the Englewood Library• J 11 a m
••• April 2t. T~--Skate C11y pri,-.ie party· I fl a.m . 11 · ]ii am S:? 75 (Dawn Rhod,
• limited numher o f ranic,r,mt•
••• nttd m1n1mum
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Month of the Young Child
Schedule of events
•April 7th. Monda,· -Ste,~· t ime at Englewood L1hra~· on Elati -10 a .m (Tonda Swan
April Ith. T.....ta,· -C aml\·al for children and their parent• -Smc,ky Hill United }.leth<'dist C hurch -6 pm-Spm
Thi1 e\·ent is free to the children Parents sian in at the door (Linda Allen 69ft-39:?0)
"April 10th. Thursday-Firehouse \'isit at Englewood lire 1tation. 36 15 S Elati. Enal~wood -9 :31 1 am (Tonda Swan
"April 10th. Thursda,· -St ~· t ime 11 Smoky Hill Library. Parker and Orchard Road. 10 ·30 -11 W am This Lim~· ,nil
r,ro,·ide oto~iime for indl\'1dual day care r,rondero 1f you request it . (Mary Jnaleby 699-:?6 S 1)
April 11th. Frid~·. Las er Tag sr,ec,al at P lanet Pizza. u...e cour,on on this rage
•April 14th. J\londa,· -Bumper bowling at Arapahoe Bowl. 6850 S . Da)ion-9 ·30 am S1 (N) per game (includes shoes)
(Janet Miller 699-6 711 )
•••April 16th. Wt'Clnflda,, -.. Little Red Riding Hood'' private performance. at the Denver Puppet Theater. 5156 \\'est 3Sth
Ave . Denver -9 :311 a m U INI per peroon Janet }.tiller 699-:?6S1
••• April 18. Frida,· -D iscm·e~· Zone at C'ounty Line and Quebec at 1 O a .m
$:? 99 r,lu, ta". (lunch a,·ailahle)
April 18. Frida,·. Pork , Buhhles day at Del-Mar park 9 · 3011 m. brina your lunch
•••April JI. l\londay · D iscovery Zone at Aurora }.fall at 9 1 .m . -$:?.99 plus ta". (lunch a,·ailablel (Karen ~.lcC ormack
April l2nd. Tunda,· -Park · Bubbles day at Decovan park 9 :~0a.m. Bring your lunch. ~ l,eet at the Play gro und. Resen at ions
not needed but 11 would heir, u., to know how many to expect.
April U. Thunda,· -EmergenC\· procedures equir,ment at St ~lartin·, in the F i,•ld church r,a rk ing lo t Bucl:le,· and
Wagontrail 9a m -1:?-ut noon . Pack a lunch or Mcdonald'• close by.
• April 28. Monda,· -St~· time at the Englewood Library at 1 n a .m
••• April 29. Tunda,· -Skate C'it y rrivate party-111 am -11 · 30 a.m $:? 75 (Da\\11 Rh,,d,
* limited number c,f pamc ,pants
••• nttd minimum
April 12 Saturday -Children's Fair Arapahoe Community College
10:00 a.m. to 2:00 p.m. C children's games)
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1. Call to order.
2 . Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY , MARCH 17, 1997
7:30 P.M .
3. Pledge of Allegiance.
4. Roll Call.
5. Minutes.
a. Minutes from the Regular City Council Meeting of March 3 , 1997.
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.)
8 . Communications, Proclamations, and Appointments.
,..
a . Proclamation honoring Christina Blomberg on the occasion of her 99"' binhday.
9.
b. Proclamation declaring the week of March 16-22, 1997 as International DeMolay
Week.
c . Proclamation declaring the week of April 6-12, 1997 as luildins Safety Week.
d . Proclamation declaring April, 1997 as the Month of the Youns Child.
e . Letter from Joan Miletto indicating her resignation from the Englewood Cultural Arts
Commission.
Public Hearing. (None scheduled)
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OlyC--=il~
March 17, 1fl7
... 2
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10 . Consent Agenda .
a. Approve on First Reading.
i . Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Adult Entertainment Licenses, and removing the license from the
moratorium. STAFF SOURCE: frAnll Gryglewicz, Director of Financiill
Services.
ii. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Purchaser of Valuable Articles licenses. STAFF SOURCE: Frank
Gryglewicz, Director of Financiill Services.
iii. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Tobacco Dealers licenses. STAFF SOURCE: FrAnk Gryglewicz,
Director of Financiill Services.
iv. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Weapons Dealers licenses. STAFF SOURCE: Frank Gryglewicz,
Director of Financiill Services.
v. Recommendation from the Department o' Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Special Events licenses. STAFF SOURCE: Fruk Gryglewicz,
Director of Financiill Services.
vi. Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation of Public Improvement Fund
reserves to fund three 1997 projects that were submitted after the 1997 Budget
was approved. STAFF SOUICES: Frri Gryslewicz, Director of Financiill
Services And Chuck Esterly, Director of Public Works.
vii. Recommendation from the Department of Public Works to adopt a Resolution of
Intent to form Paving District No. 38. STAFF SOURCE: Charles Esterly,
Director of Public Works.
viii. Recommendation from the Department of Neighborhood and Business
Development to adopt a bill for an ordinance approving the 1997 Enterprise
Zone Marketing Contract . STAFF SOURCE: Arthur Scibelli, BUlinea
Community Coordinator.
ix. Recommendation from the City Attorney's Office and the Department of
Utilities to adopt a bill for an ordinance authorizing new deeds for the C-470
Interchange STAFF SOURCES: O.n Brotzman, City Attorney Md Stewart
Fondil, Director of Utilities.
.......... If,_ ..... .a.lllllly wl wd amlllry _. •---. ,._ 1111111¥ .. Cllyfl I ' ,_. CJU.Mll)II ............. .._., .......... _ ............. ,...
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C3ty Council Agenda
March 17, 1997
Pagel
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x. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, a construction contract for
trickling filter repair at the Plant. The Committee recommends awarding the
contract to Centric Jones, the Phase lb contractor. STAFF SOURCE: Stewart H.
Fonda, Utilities Director.
b. Approve on Second Reading.
i. Council Bill No. 10, approving two Temporary Easements and one Permanent
Easement on Oxford near the Golf Course.
ii. Council Bill No. 15, approving the Grant of City Ditch Easement for 835 W.
Quincy Avenue.
iii. Council Bill No. 16, adopting a new section to the Englewood Municipal Code
pertaining to business licenses for Direct Sellers and Itinerant Vendors and
removing the licenses from the moratorium .
iv. Council Bill No. 17, approving an Oil and Gas Lease for the
Littleton/Englewood Beneficial Use Farm .
v. Council Bill No. 18, requiring an affidavit of intent for write-in candidates and
allowing Council by resolution to cancel an election under certain
circumstances.
11. Ordinances, Resolutions, and Motions.
a. Approve on First Reading .
i. Recommendation from the Department of Financial Services to dJPt a
resolution establishing fees for Direct Sellers and Itinerant VendoB licenses.
STAFF SOURCE: Frank Cryglewicz. Dinc:tor of Financial Senica.
b. Approve on Second Reading.
12 . General Discussion.
a . Mayor's Choice.
b. Council Members' Choice.
13 . City Manager's Report .
a . Cinderella City S~tus Report.
14. City Attorney's Report.
......... N,-._. • ......,_. .... ..a.y .... ---.. ..... ..., .. 0,fll Ii •OINIIII• ................................ n..,-. -.. ·-1.
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City Council Agenda
Mvch 17, 1997
P.age4
Adjournment.
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The following minutes were transmitted to City Council between 02/28/97-03/13/97:
• Englewood Housing Authority annual meeting of January 29, 1997
• Englewood Housing Authority regular meeting of January 29, 1997
• Englewood Cultural Arts Commission meeting of February 5, 1997
• Englewood Parks and Recreation Commission meeting of February 13, 1997
• Englewood Election Commission meeting of February 14, 1997
• Englewood Planning and Zoning Commission meeting of February 19, 1997
• Englewood Liquor Licensing Authority meeting of March 5, 1997
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1 a2xl
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1. Call to order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
S. Minutes.
• •
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, MARCH 17, 1997
7:30P.M.
a. Minutes from the Regular City Council Meeting of March 3, 1997.
6. Scheduled Visitors. (Please limit your Presentation to ten minutes.)
7. Non-Scheduled Visitors. (Pl~ limit your J)n!Senfation to five minutes.)
8. Communications, Proclamations, and Appointments.
•
a.
b.
Proclamation honoring Christina Blomberg on the occasion of her 99" birthday.
Proclamation declaring the week of March 16-22, 1997 as International DeMolay Week.
c.
d .
e .
Proclamation declaring the week of April 6-12, 1997 as Building Safety Week .
Proclamation declaring April, 1997 as the Month of the Youns Child.
Letter from Joan Miletto indicating her resisnation from the Englewood Cultural Arts Commission .
9 . Public Hearing. (None scheduled)
................... ....., ...... .....,. .... ..._,.._..., .. ca,.,,..,, !NillOU.3-11 ................ ., .................... ,_
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City Council Agenda
March 17, 1997 ,.2
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10. Consent Agenda.
a. Approve on First Reading.
i. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Adult Entertainment licenses, and removing the license from the
moratorium. STAFF SOURCE: Frank Gryglewicz, Director of Financial
Services.
ii. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Purchaser of Valuable Articles licenses. STAFF SOURCE: Frank
Gryglewicz, Director of Financial Services.
iii. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Tobacco Dealers licenses. STAFF SOURCE: Frank Gryglewicz,
Director of Financial Services.
iv. Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Weapons Dealers licenses. STAFF SOURCE: Frank Gryslewic:z,
Director of Financial Services.
v . Recommendation from the Department of Financial Services to approve a bill
for an ordinance adopting a new chapter in the Englewood Municipal Code
pertaining to Special Events licenses. STAFF SOURCE: Frank Gryslewicz,
Director of Financial Services.
vi. Recommendation from the Department of Financial Services to adopt a
resolution approving a supplemental appropriation of Public Improvement Fund
reserves to fund three 1997 projects that were submitted after the 1997 Budget
was approved. STAFF SOURaS: Frank Gryslewic:z, DirectCN' of Financial
Services and Chuck Esterly, Director of Public Worb.
vii. Recommendation from the Department of Public Works to adopt a Resolution of
Intent to form Paving District No. 38. STAFF SOURCE: Chartes Esterly,
Director of Public Worb.
viii. Recommendation from the Department of Neighborhood and Business
Development to adopt a bill for an ordinance approving the 1997 Enterprise
Zone Marketing Contract. STAFF SOURCE: Arthur Scibelli, llllinesl
Community Coordinator.
ix. Recommendation from the City Attorney 's Office and the Department of
Utilities to adopt a bill for an ordinance authorizing new deeds for the C-470
Interchange STAFF SOURCES: 0.. lrotzlnan, City Altonley and se.w.t
Fonda, DirectCN' of Utlities.
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City Council Agenda
March 17, 1997
... 3
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x . Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, a construction contract for
trickling filter repair at the Plant. The Committee recommends awarding the
contract to Centric Jones, the Phase lb contractor. STAFF SOURCE: Stewart H.
Fonda, Utilities DirectCN".
b. Approve on Second Reading.
i. Council Bill No. 10, approving two Temporary Easements and one Permanent
Easement on Oxford near the Golf Course.
ii. Council Bill No. 15, approving the Grant of City Ditch Easement for 835 W.
Quincy Avenue.
iii. Council Bill No . 16, adopting a new section to the Englewood Municipal Code
pertaining to business licenses for Direct Sellers and Itinerant Vendors and
removing the licenses from the moratorium .
iv. Council Bill No. 17, approving an Oil and Gas lease for the
Littleton/Englewood Beneficial Use Farm.
v. Council Bill No. 18, requiring an affidavit of intent for writ~n candidates and
allowing Council by resolution to cancel an election under certain
circumstances.
11 . Ordinances, Resolutions. and Motions.
a. Approve on First Reading.
i. Recommendation from the Dep.rtment of Fi~~I Services to adopt a
resolution establishing fees for Direct Sellers and Itinerant Vendors licenses.
STAFF SOUICE: ~ ~ Dndor of filllncial 5emce.
b . Approve on Second Reading.
12 . General Discussion.
a . Mayor's Choice.
b . Council Members' Choice .
13 . City Manager's Report.
a. Cinderella City Status Report .
14 . City Attorney 's Report .
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City Council Agenda
March 17, 1997
Pqe4
Adjournment.
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• •
The following minutes were transmitted to City Council between 02/28/97-03/13/97:
• Englewood Housing Authority annual meeting of January 29, 1997
• Englewood Housing Authority regular meeting of January 29, 1997
• Englewood Cultural Arts Commission meeting of February S, 1997
• Englewood Parks and Recreation Commission meeting of February 13, 1997
• Englewood Election Commission meeting of February 14, 1997
• Englewood Planning and Zoning Commission meeting of February 19, 1997
• Englewood Liquor Licens ing Authority meeting of March S, 1997
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April 7, 1997
Regular City Council Meeting
Public Hearing -Concrete Utility
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