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Home My WebLink About1995-09-05 (Regular) Meeting AgendaJC!l!IIIIII- • • • . ' ·, .,. " • REGULil CITY COUNCIL MEETINC. SEPTEMBER 5, 1995 ORDINANCE I .I, ,I. ;I. J, ~. )ti, /.:-tb 53, 54, 55, 56 RESOLUTI~I ~' "1• 61, 62, 63, 64, 65, 66, 67, 68 • J • . ., • .. 0 • I . . 0 f _.." 1 I • • • • • '· ENGLEWOOD CITY COUNCO. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. ClllltoOnler 1bc regular meeting of the Englewood City Council -cllled 10 order by Mayor Pro Tcm Habenicht at 7 :34p.m. 2 . 1-lcadoa 1bc invocation was given by Council Member Wiggins. J . Pledee of A1ie.- 111c Pledge of Allcgiancc was led by Mayor Pro Tcm Habenicht. 4. RollCIIII Present: Council Mcmbcn Halbaway, Waldman, Wiggins, Habenicbl, Vormittag. Waggoner Ablcnt : MayorBuma A quorum was present. 5. M--. Also present: City Manager Clalt City Attorney Braumaa Allimnl 10 the City Managcr Once Deputy City Ciak Catie EMS Coonlinaior Ulrich (a) COUNCIL MEDER WIGGINS MOVED, AND rr WAS SECONHD, TO APPROVE THE MINUTES OP 11D llKCULAll MErnNG OP AUGUST JI, lffl. Ayes : c:ouncil Membcn Halbaway, Vonniaag. Wigins. Habc11ic1it. Wagoner, Waldman Nays : Noac Ablcnl : Mayor Bums Motion carried . 6 . Scllalided Vilit8n (a) Ken Haraldlen. 3011 South Waslliqtoa 5arect, -.,._.. to diacua A,-la Item 11 (b) (i), an ordinance pcrtainina 10 pod,clliod pip. Mr. Hanldlen c,qnaod mppon ilr aUowiag resiclcala of Englewood 10 own IUCII pip. llaling tlult dlcy 1R illlelli .... wy to tnia Md wry clcaa. He said thal a raidcnt of his block --ud lie ftlldl It clelipdld . ' ..... ,- • I· • 0 I I [; , 2 I - • Easkwood City C.adl September 5, 1995 Paae2 ·, <, • • • .. Responding to Council Member Vormiuag. Mr. Hanlclsell lllled that bis neighbor's pig is lic:cnscd and be is UlllUrC how long be has had it. He said the pig is a>nfined in the back yard and the owner docs not lake it out for walks . a) Janet Remillard, 4S50 South Knox Court. explained the physical and IIICial cbanclcrillics of pip • well • -intcraling bilklrical information. He feels that pod,ellied pigs make cxccllcnt pcu if properly cared for . Responding to Council Member Vormiuag. Mr. Rcmillanl said be feeds a apecial pig did to bis pig which cu be pun::halcd in IIIOll feed stores. 8 . a) A Proclamalion clccluing the Met oC September 17 lhrough Scplcmbcr 23, I 99S as Coastilulioll Weck -CXlllliclaed. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMA.110N DECLAJUNG TIR WEEK W SUTEMBI.R 17 TIIIIOUGB SEPTEMBER 23, 1'95 AS CONS1111JTION WI.EK IN TIR CITY or ENGLEWOOD. Motion carried. Ayes: Council Members Hadlaway, Vormiuag. Wiggins, Habenicht, Wagoacr, Waldman Nays : None Ablenl : Mayor Burns 9 . hbllc Heariq No public hearing was scheduled before Council . 10. C-aA.-a COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPIIOVE CONSENT AGENDA ITEMS II (a) (I) TIIIIOUGB (Ill) ON rDIST ll&ADINC (a) Appnwc oa Finl ltcadiDg (i) PROFESSIONAL ENGINEERING SERVICES POR mE LITllEl'ON/ENGLEWCXX> WASTEWATER nEAlMEJff PLANT PHASE lb EXPANSION . (ii) RESOLtmON NO. S9, SERIES OF 199S A RESOLITTJON ADOPTING AN INVESlMEJff POLICY FOR 11iE CITY OF ENGLEWCXX>. (iii) APPROVAL OF CITY MANAGER'S EMPLOYMENT AGREEMENT. Ayes : Council Membcn Hadlaway, Vonaiaaa, WigiM. Halleaiclll. Wagoner, Waldmaa ' . . "' - I . • 0 , • • • Ea&lewood City C•acll September 5, lffl Pqr3 Nays : Absent : Motion carried. None MayorBums • • • {. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i) THROUGH (Yi) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO. 4S, SERIES OF 199S (COUNCil.. Bll..L NO. 48), INTRODUCED BY COUNCil.. MEMBER HABENICHT AN ORDINANCE AMENDING 1'111.E 4, CHAPTER I, SECTIONS I AND 2, OF 1HE ENGLEWOOD MUNICIPAL CODE 191S REQUIRING COUNCIL TO REVIEW AND ADOPT AN INVESTMENT POLICY BY RESOLlITION ANNUALLY . (ii) ORDINANCE NO. 46, SERIES OF 1995 (COUNCil.. Bll..L NO. 49), INTRODUCED BY COUNCil.. MEMBER HA111A WAY AN ORDINANCE AU11IORIZING AN E.X'raNSION OF TIME FOR 1HE 1994 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROORAM BETWEEN 11IE ARAPAHOE BOARD OF COUNl'Y COMMISSIONERS AND 11IE CITY OF ENGLEWOOD TO ALLOW FOR 11fE COMPLETE EXPENDITURE OF FUNDS . (iii) ORDINANCE NO . 47, SERIES OF 1995 (COUNCIL Bll..L NO . 52), INTRODUCED BY COUNCil.. MEMBER HA111AWAY AN ORDINANCE APPROVING A LEASE BE1WEEN CRAIG HOSPITAL AND 11IE CITY OF ENGLEWOOD, COLORADO TO OBTAIN AIRSPACE OVER A PUBLIC S'J1lEET, SOUl'H CLARKSON STREET, BETWEEN EAST GIRARD A VENUE AND EAST HAMPDEN A VENUE, FOR 111E CONSTRUCTION. MAIN"mNANCE AND OPERATION OF A TWO LEVEL PEDESTRIAN OVERPASS . (iv) ORDINANCE NO. 48, SERIES OF 1995 (COUNCil.. Bll..L NO. 54). INTRODUCED BY COUNCil.. MEMBER VORMl1TAG AN ORDINANCE AMENDING 1'111.E 3, CHAPTER 6, SECTION 7, SUBSECTION 7. OF 1HE ENGLEWOOD MUNICIPAL CODE 1915, INCREASING 1HE BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF 11fE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREMENT PLANBY3%. (v) ORDINANCE NO. 49, SERIES OF 199S (COUNCil.. Bll..L NO. 55) • lwntODUCED BY COUNCil.. MEMBER HA111A WAY AN ORDINANCE AU11IORIZING AN IN11!ROOVERNMEKTAL AGREEMEKT ENTlll.ED CITY DITCH/HIGHLINE CANAL AGREEMENT BETWEEN 1HE CITY OF ENGLEWOOD. COLORADO, AND 11IE CITY AND COUNTY OF DENVER. COLORADO. (vi) ORDINANCE NO . 50, SERIES OF 199S (COUNCil.. Bll..L NO. S6), INTRODUCED BY COUNCil.. MEMBER HA111A WAY ' • . .. I· • 0 , • • • • 0 • Ea&lewood City Couacil September 5, 1995 Pa&e4 AN ORDINANCE AlrI'HORIZING AN INTERGOVERNMENTAL SETTLEMENT AGREEMENT BETWEEN TIIE CITY OF ENGLEWOOD , COLORADO. CITY AND COUNTY OF DENVER, COLORADO AND CYPRUS CLIMAX METALS COMPANY PERTAINING TO WATER RIGIITS . Voterewlta: Ayes: Nays : Absent: Motion carried. Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner, Waldman None MayorBums 11. Ordiauca, Relollldou ud Modoal (a) Approve on Finl Reading (i) Jim Ulrich, EMS Coordinaror for the Dcputmcnt o( Safety Services. n:commcndcd approval oC autboriulion for the City Manager to approve contracts with manqed health care oompanics for providing emergency tnnsportalion servica to their clients. Responding to Council Member Wiggins, Mr. Ulrich ICaled lhat the City has been successful in receiving payments from the ambulance service in the put and the number o( people asking for paymcnl IUbsidics, so far, is six. Council Member Habenichl asked if there will be any diffcrenliation for residents. Mr. Ulrich raponded lhal a dilCOUIII is ncgOlialcd for 10% to 15% with the fflallllDll hcallh care companies for raidcnls who subscribe to them. The discoun1 currenlly 1M11 to unimured residents is 20%. so the City will llCIUally be making more money wilh the manapd bcalth care companies. COUNCIL MEMBER BATRA WAY MOVED, AND ff WAS 51.CONDED, TO ALLOW THE crrv MANAGER TO APPROVE AND ENGAGE IN CONTRACTS WITH MANAGED IRAL TB CARE COMPANIES FOR PROVIDING TRANSPORT SERVICES TO THEIR CUENTS. Motion carried. Ayes: Council Mcmben Hadiaway, Vonaittag. Wigins, Habenicht, Wqgoacr, Waldman Nays : Nolle Absent: Mayor 8ur1II (b) Approve OD Second Reading (i) Council Bill No. 50, allowing for and rqulaling minialun: Victnamae polbcllicd pip by iuuance oC a pennil -cwidered. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS 51.CONDED, TO TABLE COUNCIL BILL NO. 50 INDEFINffl:LY AND INSTRUCT THE CffY MANAGER ADMINISTRATIVELY TO ALLOW UNTIL SU'Tl:Mal:R JI, 1"5 ,OR OWNERS OJ UNLICENSED POTBELLIED PIGS TO OSTAIN A ZOOLOGICAL PERMIT WITH THI: crrv AND GRANDJATHER IN THI: EXISTING POTSl:u.11:D PIGS. Ayes: Council Mcmben Hadiaway. Vormittag. Wigins. Habenicht, Wqgoacr. Waldman Nays : Nolle .. - ' • ,- I . • 0 • E•&lewood City Cauadl September 5, 1995 Paces Absent: Motion carried. Mayor Bums • 0 , . • Mayor Pro Tem Habenicht clarified that this will create a window of opportunity for owners of cum:ntly unlicensed potbellied pigs to obtain a 7.00logical permit and be grandfathered in prior to a moratorium created by postponing the issue for an indefinite period or time . (ii) An ordinance authorizing the sale of the City of Englewood Federal Fi~ Station property, located at 406S South Fcdcral Boukvan1. -CXIIISiclcred . The Deputy City Clerk read Ordinance No. SI by title : ORDINANCE NO. SI, SERIES OF 199S (COUNCO. BllJ.. NO. 57). lmllOOUCED BY COlJNCO. MEMBER WIGGINS AN ORDINANCE AUTHORIZING 11IE SALE OF 11IE CITY OF ENGLEWOOD FEDERAL FIRE STATION LOCATED AT 4065 SOlTJ'H FEDERAL BOULEVARD . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) -ORDINANCE NO. 51, SERIES or 1"5. Ayes: Council Mcmbcn Halbaway, Wiggins. Waggoner, Waldman Nays: Council Mcmbcn Vormittag. Habenicht Absent: Mayor Bums Motion carried. 12. Geeeral DIICVIINIII (a) Mayor's Choice I . Mayor Pro Tem Habenicht shared with Council thal Anpahoc County may lake to a vote of the people a proposed sales tax to help fund ccnaia functiou or the County . Mayor Pro Tcm Habcnicbt ~lated that she attended a County Commiaioncn meeting aa Mayor Bums' n,qucst . She rcquellCd at that meeting that the Commissioners postpone a decision on this matter until such time as the City of Englewood oould look further illlo the pl'Oplml and how it mipr lffect us . The ~ agreed to postpone deciding whether to place the quellion on thc blllal ulil Moadly. Scplcmbcr 11. I 99S . She invited discussion from Council . Ms. Habcnicbt relaled thal -0011CC1111 wicod by Slaff include the fact that the additional sales tax burden will aff«t lllllllic:ipal ~ within the metro ara. having a negative impact on those cities thal already have a hipcr sales tax compared to the cities adjacent to us, and the fact that the Stale has been promoting a sales tax for highways. Another issue that Slaff has helped identify, she said. is our competing ballot ~ iaYolving funding or Safety Services communications issues and amccm that the County may DOI have looked inlO altcmativc sources of funding . Also. she said. the 911 charge for communic:ationa has been reduced. City Manager Clark said another concern is that part of the County 's propoal includes a jail cxpllllSion. courthouse ~modeling and expansion of the District Attomcy's afficc . Sinc,c thcac an: building improvements and will have lasting value. one of the OOIICCl'III is whcthcr the County Commiaioncrs have considered financing through the sale of bonds. He said we an: in a favorable credit market and intcrat rates sbould be favorable . More importantly, he llltal, the '10III cu be lpnl8d. DOI only om-the broader tax buc. but over the life of the impravcmcnts. ., -• •. .. I· • 0 I ! (~i '32xl - • Eqlewood City C•acll Sefitealler 5, 1995 Patt6 • 0 • ... .. Council Member Hathaway suggested drafting a letter to the CommiPionc:n llaling thal the City of Englewood has no problem with the tax, as long as they exempt ina,rponted municipalities . She feds the unincorponled put of the county benefits more from the county lel'Vicel. anyway. with the exception of the jail and the aJUJ'ls. Mayor Pro Tem Habcnic:ht aid that double taxation of municipal raidcn&s -allO identified by Slaff as a C011t1Cm . She aid that staff will be mccting to draw up a letter of concern. with Council's support. Council Member Hathaway suggested that. since Council will llOI be mccting apin before the Commissioners meet to decicle the isluc. a decision should be made as to MIil the lcner should include. Council Member Wiggins aid he does DO( suppon the tax unlas incorponled an:u are excluded and does DO( feel Englewood will beaefit from it. MAYOR PRO TEM HABENICHT MOVED, AND IT WAS SECONDED, TBA T COUNCIL TAKE A POSfflON OPl'OSING THE SALES TAX UNLESS IT ONLY APPLIES TO UNINCORPORATED AREAS OF ARAPAHOE COUNTY, AND SEEK ALTERNATIVE FUNDING SOURCES. Council Member Hathaway said that the ooacems wiced by staff should be included in the lcner. Ayes : Nays : Absent: Motion carried. Council Member& Hathaway, Vonnittag. Wiggins, Habenicht, Wagoner, Waldman None MayorBums 2. She called to Council's attention an RTD Board mccting to be held September 19, 199S to consider funding. budget proposals and cliscuslion oflighl rail for the IOUlhwcst corridor. She asked that Assistant to the City Manager Once E-Mail the meeting notice to Council. (b) Council Member's Choicie (i) Council Member Hathaway ldated that she has gi\'CII IOIIIC information to City Attorney Brotzman and RqUCStcd lhal the City loc* al drafting a compromise as put of the home occupalions issue in the RI A District to allow cllild care facilities as a CXllldilional use. She said there are IC\'Cntcen swe liccnlcd chilclcuc facilities in RI A cum:ady, -of which havc been in exillencc for twenty years or IIIOR. (ii) Council Member Vormiaag said he has IIIMlal 1R11 of c:oncem for City Manager Clark. He expn:aed dislike for the City Muqcr's vision for the City, saying lhal he bad DO( asked citi:zens what the vision should be. Also. he said Mr . Clark has oner asked him for his ia-J opinion on anything and he doeln't fed he cares what Mr. Vormiaag'1 opinion is. He also expramS dissatisfaction with the way Mr . Clark hira and fires~-He Ulcd that he would like to know the duties of Assistant to the City Manager Once in a ddailed job delcription . He a,mplimented City Manager Clark on the good job he has done on Cinderdla City. (iii) Council Member Wigina said he would like to have Code Enfon:ancnl loc* al 4396 South Acoma Stn:et. He said there is a \'Chicle there with expired plates, IIIMlal \'Chicles and trash in the driveway . Also, bdwa:n the alley of Broadway and Acoma in the 4300 block near the peTDllld service and Liquor Barn. there are a few vehicles with code violatiou. ' •• ..... ,. - ( ~. r '! I .. I. ' t • 0 , EllakwNd City Coudl September !I, 199!1 ... , ·, '· • II' • • (iv) Council Member Waldman a*ed lhll die bomeowncr • Pearl StRICl and Layton Avenue, din,ctly IICl'OIS die meet from Duncan Put, be COlllacted about their ma which arc overhanging die sidewalk. 13. City Muqer'1 lleport (a) City Manager Clark spoke to die Cindclella City nport for August 31, 1995, pointing out that, under Miller-Kitchell, Ille dnft development ...__. is for all pnclic:al pu..-s completed but we arc llill wailing oa die implementation exhibit. He IOUcbod oa cacll item • die nport. explaining Ille current ltalus •die pn,ject. (b) Mr. Clart inlroduced Bob Si.....-. die ---,a-•die Ncigliborbood and Business Development Division . Mr. Simpaon prmously worbd for die City •Lakewood. 14 . City A...._,.•, Report (a) City Attorney BIOIZlllall dislribuled a ..alulioa coacernillg _.,.iMioa and a patcntial coadcmnalion action regarding a piece• prupcrty IIOOdod for P11b aad ieaalioa pu..-s. Tbe raolution wa assigned a number aad read by title: RESOLU110N NO. 60, SERIES OF 1995 A RESOLU110N Al1I'HORlZING 11IE PUROIASE OR CONDEMNATION OF AN EASl!MEKJ' ON CERTAIN LANDS Wl1llIN 'DIE CITY OF ENGLEWOOD, COLORADO TO PROVIDE IMPROVED RECREATIONAL FACILITIES IN 11IE CITY OF ENGLEWOOD, COLORADO. COUNCIL BIDER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'l'ROVI: AGENDA ITEM 14 (a) -USOLUTION NO. a, Sl:IIDS OJ ltt!. A,a: c.ou.:il Memllerl Hadlaway, Vonaittq, Wigim. Habelliclal, w...,....w ...... Nays : None Ablcat : Mayor Bini 15 . MJ-..._.. COUNCIL BIDER HATHAWAY MOVED TO ADIOURN . TIie ........... 1 :16 p.a. . ' I. • 0 , ' • • • .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 5, 1995 7 :30 P.M. 1. Call to order. '/:Jt./p,,,r, 2. Invocation. a)'j'fM 3. Pledge of Allegiance. ;/~ 4. Roll Call.~~ ~,'11.'"":.;num. (o'O a. Minutes from the Regular City Council Meeting of August 21, 1995. 6. Scheduled Visitors. !Please limit your presentation to ten minutes.I 7. 9. 10. a. Englewood citizen Ken Haraldsen will be present to discuss the pot-bellied pig ordinance. Non-SchedtAed Visitors. !Please limit you~-::/.tation to five minutes.I .::r,,AJEt. f<EMILLRRD -/:bf b . 'f'1$ Communications, Proclamations, and Appointments. a. A Proclamation declaring the week of September 17 through September 23. 1995 as Conatltu1ion WNk. Public Hearing . INone Scheduled! Consent Agenda. a. Approve on First Reading. ~o--.; • orr ,~''' Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, professional engineering services for the Plant's Phase lb Expansion. ITAFF SOURCE: Stewart Fonda, Dnctor of Utlldee. t, ,7) ,,, - ,.._ note: If you haw• clllblllly wl MIIIII....., _. ._..., .... 11811fythe Cly el E •••• C7U-2J71tal .._. 48haunlnadvanceol"'-..._ .. ......_ ..._.,_. ' .... ' I . • 0 , • Chy Council Agenda September 5, 1995 Page 2 ii . • 0 • <. Recommendation from the Department of Financial Services to adopt a resolution approving the amended Investment Policy for the City of Englewood . STAFF SOURCE: Frank Gryglewlcz. Director of Financial Services. iii. Motion to approve City Manager's Employment Agreement. ,I~ b . Approve on Second Reading . ~ /Ob A11~·. Council Bill No. 48, amending sections of the Englewood Municipal Code • -~ Lfl ....... ~ /Ir relating to the investment of municipal funds. ~-i~ -~ /a A ". /J. 11 "ii' Council Bill No. 49, authorizing execU1ion of an Intergovernmental f.T~ Agreement for extension of 1994 Community Development Block Grant . iv. vi. 1'.9-'2d.#50 Council Bill No. 52, approving an air rights lease between the City and Craig Hospital to permit Craig Hospital to construct a pedestrian bridge over South Clarkson Street. Council Bill No . 54, approving a three percent increase in benefits to the Non-Emergency Employee Pension Fund as of January 1 , 1996 for retirees and beneficiaries whose payments commence prior to July 1 , 1995. Council Bill No. 55, approving an intergovernmental agreement between the City of Englewood and the City and County of Denver regarding the City Ditch/Highline Canal. Council Bill No. 56, approving the settlement agreement by and between the City and County of Denver, the City of Englewood, and Cyprus Climax Metals Company. 11 . Ordinances, Resolutions, and Motions. Approve on First Reading. i. Recommendation from the Department of Safety Services to approve, by motion, authorization for the City Manager to approve contracts with Managed Health Care Companies for providing emergency transportation •-•vices to their clie.,,ts. STAFF SOURCE: Jim Ulrtdt, EMS Coonlnetor. Approve on Second Reading . .. "luQ~ i. Council Bill No . 50, allowing for and r~u!eting m!niature Vi!tn_a!".'e~! pot~ . _ . .._ l,V";;l I bellied pigs by i11uance of a permit. S ~!-la.ti-, ~~f>'1s ~ e .,,, ~ u.tJtM.•'" 9-30·'1!:.- ~., , /~ Council Bill No. 57, authorizing the sele of the Federal ire Station tfl,) ~ . J~PJF ~~". property located at 4085 South Federal Boulevard. J~t 1 ~ f'twe noee: If v-"-"a.._., wl _.. _..,-* •---. ,e-Mllfy .. Clly of hall wood (762-2J71) II .._. • houn in .av.-of we-...__....._ n-11,-. • .... • D .,. \ I I:,, I • • • 0 - • • • <. · pty C-cll Agenda . September 5. 1995 'ftage3 I 12. General Discussion. a. b. 13. City Manager's Report. a. Redevelopment Report on Cinderella City. -,1,0 ~.o>'· 14. ef City Attorney's Report. a. Condemnation of Parks and Recreation Property. Adjournment. The following minutes were transmitted to Council from 08/18/95-08/31/95: • Englewood Public Library Board meeting of July 11, 1995. • Englewood Planning and Zoning Commission meeting of July 18, 1995. • Englewood Liquor Licensing Authority meeting of August 2, 1995. • Englewood Parks and Recreation Commission meeting of August 10, 1995. • Englewood Board of Adjustment and Appeals meeting of July 12, 1995. ,. - ... '· ' . ' .. I. • 0 • • • • ,. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 5, 1995 7:30 P.M. 1. Call to order. 2. Invocation. 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes. a . Minutes from the Regular City Council MNting of August 21, 1995. 6 . Scheduled Visitors. IPlease limit your presentation to ten minutes.) a. Englewood citizen Ken Haraldsen will be present to discuss the pot-bellied pig ordinance. 7. Non-Scheduled Visitors. !Please limit your presentation to five minutes. I 8 . Communications, Proclamations, and Appointments. a. A Proclamation declaring the wNk of September 17 through September 23, 1995 as Conathullon w .... 9. Public Hearing. INone Scheduled) 10. Consent Agenda. a. Approve on First Reading. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory CommittH to approve, by motion, professional engineering services for the Plant's Phase lb Expansion. STAFF IOURCE: ltew.-t Fonda. Dnctor of UtlltlN. Plwe note: If,-haw• dlulllllly wl .... ..a.y ......... ,._lllllfy .. Clly., ....... C7U-D79al INll41hounlnadvanceal..._..._ ........ 1lllliliya. I . • 0 '32xl • City Council Agenda September 5, 1995 Page2 • • I• ·, - (. ii. Recommendation from the Department of Financial Services to adopt a resolution approving the amended Investment Policy for the City of Englewood. STAFF SOURCE: Frank Gryglewlcz, Director of Flnancial Servicea. iii . Motion to approve City Manager's Employment Agreement. b. Approve on Second Reading. i . Council Bill No. 48, amending sections of the Englewood Municipal Code relating to the investment of municipal funds. ii. Council Bill No. 49, authorizing execution of an Intergovernmental Agreement for extension of 1994 Community Development Block Grant. iii. Council Bill No. 52, approving an air rights lease between the City and Craig Hospital to permit Craig Hospital to construct a pedestrian bridge over South Clarkson Street. iv. Council Bill No. 54, approving a three percent increase in benefits to the Non-Emergency Employee Pension Fund as of January 1 , 1996 for retirees and beneficiaries whose payments commence prior to July 1 , 1995. v . Council Bill No . 55. approving an intergovernmental agreement between the City of Englewood and the City and County of Denver regarding the City Ditch/Highline Canel. vi. Council Bill No. 56, approving the settlement agreement by and between the City and County of Denver, the City of Englewood, and Cyprus Climax Metals Company. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. Recommendation from the Department of Safety Services to approve, by motion, authorization for the City Manager to approve contracts with Managed Health Care Companies for providing emergency transportation services to their clients. STAFF IOUIICE: .Nm Ulrich, EMS Coonlnetor. b . Approve on Second Reading. i. ii. Council Bill No. 50. allowing for and regulating miniature Vietnamese pot bellied pigs by i11uance of a permit. Council Bill No. 57, authorizing the sale of the Federal Fire Station property located at 4085 South Federal Boulevard. Plwe note: If you haw• ....ally wl ..... ....., ... •---. ,a-llldfy .. Clly of 11 ••••• (70-D711) II INlt 41 hours In advance of ... ...__ ....... n..11,-. ...,..-~ ..... --..... ~. \ I f,1 ..... . ' I • • 0 • • • .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 5, 1995 7:30 P.M. 1. Call to order. 2. Invocation. 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes. a. Minutes from the Regular City Council Meeting of August 21, 1995. 6 . Scheduled Visitors. !Please limit your presentation to ten minutes.) a. Englewood citizen Ken Haraldsen will be present to discuss the pot-bellied pig ordinance. 7 . Non-Scheduled Visitors. !Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments. a. A Proclamation declaring the week of September 17 through September 23, 1995 as Conatitution WNk. 9 . Public Hearing . INone Scheduled) 10. Consent Agenda. a. Approve on First Reading . i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, professional engineering services for the Plant's Phase lb Expansion. ITAFF IOUIICE: , ... an Fonde, Director of Utlltles. Plwe ..-If you hMa atllallllly _, .... ...., .... ---. ..... lllllfy .. Clly .. I ~1aNIII C762-D11t• ................ ..__., ................. 1lllak ,.._ • .. 0 ., I . • 0 • , r f;,1 - City Councl Agenda September 5, 1995 Page 3 12 . General Discussion. a. Mayor's Choice. ·~ b . Council Members' Choice. 13. City Manager's Report. • • • ... a . Redevelopment Report on Cinderella City. 14. City Attorney's Report. a. Condemnation of Parks and Recreation Property. Adjournment. The following minutes were transmitted to Council from 08/18/95-08/31 /95: • Englewood Public Library Board meeting of July 11, 1995. • Englewood Planning and Zoning Commi11ion meeting of July 18, 1995. • Englewood Liquor Licensing Authority meeting of August 2, 1995. • Englewood Parks and Recreation Commi11ion meeting of August 10, 1995. • Englewood Board of Adjustment and Appeals meeting of July 12, 1995. 6' - ..._ ..... lf,-halllla...atywl ... ...., .... .....,,.._..., .. a,.,1-ss•ou-:n,aaa ............................................... • • ' . I· • 0 1 32xl _) , • ·, • .. \, ENGLEWOOD CITY COUNCIL ENGLEWOOD, AllAPAIIOIE COUNTY, COLOIIADO M19111 JI, 1"5 1. C.U•C>Ner The re,ular lllllling aftbe &pwood City7 WII called IO order by Mayor Bums II 7:35 p.m. l . .___ 3. l'ledae., AIIIIJ- The Pledge of Allegiance WII led by Mayor Bins. 4 . Rall Cd l'laenl: Ablent : A quorum was praenl. c-il Mamas lflldlnay, Waldaml, Wigins. Hlllenic:lll. Vomillll, w...,_.., Barns ~ Also praent: City Manqer Cln City Aaoracy Bnlczlnu 5. MINta ~ IO the City Maapr Grace City Clert Ellis Plaaill& Adlllillillnlor Slitt DinlClor Gl)'llewz. Fl--=ill Services DiYilioll Clief Moln, 5*y Services DinlClor Ellerly, Pllblic WOlb (1) COUNCIL MEMaER BA.TBA.WAY MOVIED, AND IT WAS SIECONDIED, TO APPROVE THE MINUTES OF THE UGULAR MIEETDIG OF AUGUST 7, 1"5.. Ayes : Council Mcmllers Hadlaway, Vormiaag, Wiginl, Habcaic:hl. Wagoner, Waldman, Bums Nays : ~ Motion curicd. 6. Sclledaled Vllken There were no scheduled visitors. IClerk 's llOlc : All oflhc non-telledulcd visitors apokc rcpnling Apnda 11cm 10 (11) (ill)· eo..dl Bill No . 46 .1 (1) W. W. McElrath, hullllnd aflhc owner aflhc Wutz-11 Louac, 2796 Saudi Braadway, objected 10 lhc leClion C'I pnlpOlcd Council Bill No. 46 lhll lllll die llliDII 11111 1111111 lie IIPOf1ld . He ' . ' 5 A I . • 0 f ~7xl • • 0 • Ea&lcwood City Coaacll Allp• 21, Jffl Pagel Slated the list includes loitering or an apparently i11IOXicaled aa-. Mr. McElrath llalcd if IOIIICbody is intoxicated in the bar they are 1C11t home . He feels the 1111: al profanity is bani to QOl'ltrol . He questioned the definition or rowdiness and undue noise and uked aa wllal point clillultluces should be reported . He Slated that if they report every little incident it will overload tbe police clepartmcnt. · Council Member Hathaway asked Mr. McElralb if be bad been CXlllllllted by City staff" or tbe Liquor Licensing Authority regarding his views on this prapoacd ClOUIICil bill befOR it -ewr prapoacd. Mr. McElrath Slated they received a lectcr which iadic:aled this wu an ordinance they -Clllllidering passing in tbe City . In respollK to C-ouncil Member Vormittaa, Mr. McElradl llalecl thal lince his wife took -the WIIIZ It Lounge in December tbere baYe been no brawls illlide tbe bar. He mled there baYe been wrbal clillWtluces that they have managed to cliffillC and in one illltance two panics pJl into it outside tbe bar, after they -uked to '-. and be called tbe police. C-ouncil Member Vonnittag asked ifhe needed to be told to call the police. Mr. McElrath staled he did noc need to be told and will call the polia: wben nca:aary, but noc when he feels it is unnca:aary. (b) Robert Condreay Slated his wife ow,u the Englenook Lounge and he wanted to add to Mr. McElrath 's oommcnts that this proposed ordinance will only tie up the polia: unnec:aarily. (c:) Linda Serio, owner or the Casual Lounge, llalcd she understands tbe inlent of the ~ council bill is to make the liquor ellablisluncnu -raponsibility for callina the polia: when needed. She Slated she believes the polia: are called in without a In requiring it. She objected to the council bill u it will require the lia:mees to report such tbinp u profanity, which can mean if someone uses the word damn the police will have to be called in. Ms. Serio ltalcd she does not want to be a pest to the polia: depanment u they have been wonderful to-" with. Sbe llared when they call regarding a cliSIUJtlana: the police depanment is tbere within duee to me minula. Sbe noccd that her employees, under this ordinance, would noc baYe the ript to try to aut, a clillW1lana: as they would baYe to c:all the polia:. Ms. Serio reiterated that she undcntands the intent al this council bill but feels this is going a little bit overtJoard . Council Member Habenicht asked if Ms. Serio wu gMD tbe apponunity to provide input on the prapoacd ordinance . Ms . Serio Slated she hu met with and talked to Director Al Stanley and Chicf'Bob Moore . She stated she had input into the wording al the first draft . In response to Council Member Hathaway, Ms. Serio llaled thal she has llad no OOlllacl with members al the Liquor Licensing Authority . Council Member Vonnittag asked if any or her input is rdleclod in this p,opaml ClOUIICil bill . Ms . Serio Slated that paragraph A changed. Ms . Serio's husband, John Serio, stated that he is a retired fireman and is UNd to Fina 011 rmpay c:alls . Mr. Serio oommcnted that this propCllcd council bill will crcalc a situalioa 1l'beftby the police will be responding to calls that are unnecessary . He asked that tbe council bill be more apecific u to wllat needs to be reported . (d) Serafin Garcia Slated his wife owns tbe Mqnct Inn and qreed with c:oauncat1 made by Mr. Mc:Elrath. Mr . Condreay, Ms . Serio and Mr. Serio. He added thal be would feel mer if the police are there to answer the call when he really docs need tbem and thal the police will baYe a bani time answcrin1 Ill the c:alls that will be pncraled by this In. (e) Bill Arapkilcs, OWIICI' al Arap's 11 3166 South Broadway. llallll be feels thal C\'a)'OIIC is here bec:ausc they are c::onc:crncd about their liquor lia:ue beiaa • IP• dad or snalllll b I pniblem thal ·• ...... - •. 1 ' .. I . 0 • • • • 0 I • • E•&lewood City Council Auplt 21, 1995 Pagel may not be a problem. He feels they all call the policie when lheR is a problem. He expreaed a,ncem that some issues in the proposed council bill arc really bani to control, i.e . loud noise, pnlfanity. Responding to Council Member Habenicht. Mr. Arapkila aid the main CODCem is the pnlfanity iaue. Council Member Waldman DOled Mr . Arapkila allo mentioacd undue noise . Council Member Hathaway asked if Mr. Arapkila feels, as the bolder or a liquor liceme, Iha! this is one of the most regulated industries around and ifhe feels this is undue legilllalion OD the pan or the City . Mr. Arapkiles Slated he does not. thal lheR sbould be regulalions OD people wbo Kn'C or sell alalhol. He ellJ>resscd concern that this pRIIIOICCI law will open it up to where you can come into a liquor establishment at any time and find a violation. Council Member Hathaway asked if he has any P...,.iou odler dlan 10 eliminaac the profanity. Mr. Arapkiles expreaed concern that the lic:elllOe will be c:bupd with n:porting. immediately. any unlawful or disorderly conduct . He ... ted he has problems in bis eslablishmcnt which be has been able to cliffiilC by calming people clown . Mr. Arapkiles stated that lheR is a reuon why they regulate who gets a liquor license and if they cannoc understand right from wrong lhell they sbould not have a liciense. (I) Tom Chesher. a member and Games MaJ1aFr of VFW 322, Slated they have a unique problem in that they rent out to wedding panics and not all family members get along wilh each Olber. During the reception. he noted. there will be some profanity and rowdiness . He asked for the definition or undue noise and smell . Council Member Waldman clarified that the proposed council bill does not address smell. that it refen to ~distwbances or activity offensive to the senses or the awrqc citi:zcn ." He ackmwledged it is probably very difficult to interpret what is offensive to the avenge cilizen. who is the awrqc citizen and what is profanity . Council Member Vormittag asked how many fights they have at the VFW . Mr. Chesher llaled incidents during wedding n,ccptions have been controlled by the VFW, without policie assillanc:e . (g) Peter Mecrsman. Executive Director or the Colorado Reslawant Allocialion. llaled be hoped Council recei\•ed his letter concerning the proposed ordinance. He reitcJated bis opinion that passing this law. which requires reponing or relatively minor offenses with penalties u strict as having your license revoked, is not good public policy . He noted it is like being given a life sentence for jay walking. Mr . Mecnman Slated that he undenlands the illlall is to report dillWllanca lhal pc out or band, but he asked why its necessary to report things unleu they do pt out of hand . He feels that the fact that olher cities have passed similar ordinances does not make this ordinance any -palalable . It just means , he commented. that olher cities have very onerous punislunellll for relatively minor code violations and just because they do not enforce their law does IIOC make it a pod law . He encounpd Council to pass something that business owners can comply wilh and that is enfon:able. Mr. Mecnman stated he spoke wilh Director SWtley and City Attorney Bratzman followina the paaa,e or this ordinance on first reading and they agreed that the intent or this onlillancc is to report trouble to the policie . He stated his question is if reporting fights or dillWllanca is wbal you want why not write the ordinance lhal WI)' and leave the olher lhings for the business owners 10 handle lhemlelva. (h) Kelly Maloney, rq,racnting the Black Eyed Pa Restaurant at Broadway and Belleview. stated she feels it is critical to address the iaue that this ordinance is aoina to impact busiMa OWIICl'I olher than the tavern and bu owners . She lilalcd they have thineen rauunnt ~ in Colonldo wilh averaac liquor sales of three to four pen:cnt per unit. Ml. Maloney lldvilcd that this is nol a money maker for them but is provided as a convenience to the CIODIUlllffl and pall. She DOled that the 8ladl Eyed Pa Restauranll ha\'C never had to contact the policie for any type or drwlken incident . SIie llaled tllM die propolcd ordinance aocs beyond what is .-ry to• bulines ia a ~liblc w . SIie explaiDcd thal the liquor code is very apecific reprclina wllat is inlporlaDl. ... MWblc wl ..... ill --or. • •. I • • 0 , • • Ea&tewood City Couacil Auplt 21, 199!1 .... • 0 • business owner. Ms . Maloney noced they aJlllcl, polClltially, bave their liquor liceme pulled for a situation such as swearing. She asked for a dc:finilioo ar offensM. (i) Jim Bok, owner aCthe Full HouK Bar at 4272 Soudl Bl'Clldway, llaled the awn point is that liquor licensees must control their busillCIICl llld not sblM problems out the door. He DOied there are some owners that do noc control their premises. however through the syltaD they can be dealt with, i .e . through the renewal process. He feels that to hurt the ~ly aCthe owners. thal comply already, is noc fair. (j) Bill Clayton, 951 Eat C-11, llaled he has been in the rataunull ~ approximately 25 yars. as a muager and owner at ratawulS 111d ban and~ in a variety aC food service areas . He reminded Council that this is the bolpitalily indultry. People come to rataunDII or bus because they are happy, celebrating, sad. their dog died, their wife left them and for a lluDdled different reuons. He advised thal a plOd ralaUnlleUr or bar operator aailts them by prvvidina bolpitalily and on OQ;BSion they get upset. Mr . Clayton noccd that the wont fight he ever -,ns when the Co\woys beat the Broncos and it -in a aJffee shop and they were throwing tables at adl achcr. Naturally. he advised, they called the police and IIIOSl bar owners will call the police when a lilualion getS out of hand. But they should DOC be the policeman aCIOCiety . He questioned the clcfinilioo aCIVIWdiaess and what is considered offensive. The proposed ordinance, he Slated, is ambiguous and if he were a bar owner he would report eveiything rather than risk losing a liquor liceme. Mayor Bums noced that this matter will be addresaed by Council under the Coment A,eada (10 (b) (iii) and can be pulled for special consideration by Council. (a) COUNCO.. MEMaER BATRA WAY MOVED, AND IT WAS SECONDED, 10 ACCEPT WITH REGRET CAIU.. WEUCER'S LETTER OF RESIGNATION FllOM THE BOARD OF ADJtJSTMENT AND APPEALS. Motion carried. Ayes: Council Members Halhaway, Vonnittag, Wigins, Habeaicht, Waggoner, Walclmaa, Bums Nays: None 9. hlllk Heari•& COUNCIL Ml.Mar.a BA TRAWAY MOVED, AND IT WAS SECONDO, 10 ONN TBE PUBLIC Bl.ARING 10 RECEIVE CITIZEN INPUT ON AMENDMENTS 10 THE ENGLEWOOD MUNICIPAL CODE RELATIVE 10 HOME OCCUPATIONS. Ayes: Council Members Halhnay, Vormittq. WigiM. Hlllalidlt, Wagoner, Walclmaa, Bums Nays: None Motion carried and the public hearina opened . All testimony was &iven under oath. Planning Adminisuator Stitt stated this public bearina is about pnlpOled ••111 tJ ID Ille llcae occupllion replalions in the l.onina Ordinanoe . He noted this Im a IOII& llillOry IIUI llldl 111 1991 • which time Ille Plannina ud l.onina Coauniuion ClOlllidcnd ucriea ara 1 1111 . TIie ._ aClllc Planning Coauniaioa was IO IIIOdenlia the llolnc om'*ioll repl#icw ill Ille -dillricla ill nidl they were al thal time permitted and to pn,vidc for home occupllionl in the R•l•A. ll-l•A. IIC IIMlld, is the only :zonc dlllricl where home occup11icw are ao1 pcnalaed. As a ...it ar taliwy ...._ Council '1 public bcarina, the i-w remudld beck to the Plamlill& C--illioe b fwlllcr c:oasidcraaion . He advised thal the f'lullula Commillioll llcld aaat11cr .,. ar ~ llllrillp oa lllia issue and has praclllcd a~ to COUlldl tonipl tllal die re 1 a lie ..... • ..... •• .. I . • 0 ·~-.-.__...___,,,, I I l:r . , • • • Ea&tewood City Couacll A11plt 11, 1995 Pagc5 • 0 - propolCd . Mr. Stitt explained the propolCd amcadmcms arc dill in die R·l-B, R-l-C, R-1, R-1-C, R-3 and R-4 l.ollc Districts home occ:upalions be expanded to include a couple ol different 111e1 that arc not now permitted. In addition, it is propolCd that day care .__ be permitted "-I on Slade Licensing regulations as oppClled to die City impoling a number ol cllildreD tlllt amy be aerwd. 'J'bac recommendations were oripnally propolCd for die R-l·A ~ Diltrict • Mil, but beclla oltlic public outcry, lhc Planning Commillion IXllllidcrod aewral otlaer aplioas. Tbe option tlllt dlC Ccmmipinn selected is to allow home ocx:upatioas in dlC R·l·A dill arc polcllional offices only. He cxplaiDed that a professional office, in &enns ol home occupetiolls. is -in wbicb tberc is no f'acc.fo.lace CXllllaCt with dlC public. In all other ways they -.Id bavc IO a,mply with dlC llalldanl home occupation rqulalions which arc. they cannot employ anyone, cannot utiliz.c mon: than 300 aquare feel of tlic area of dlC home and cannot inc:reasc uaffic or puking in dlC neigbborhood. In response to Mayor Bums, Mr. Stitt DOied tbat faller.family care 11111 day care arc dift"cmlt iaa. Council Member Halhaway IIOICd Iha& each IOClion lllles tbat all home occupations shall be rcgilleled wilh the Dcpartrncnl of Community ~I upon complction cl an inspection of lhc premises by lhc Dcpartrncnl and lhc Fire Division. Sbe asked how many people have asked for the inspection or registered their home occupation with City and is it realistic to expect thcm to do 111. Planning Adminis&ralor Stitt stated lhat ii is a realistic expectation and gcncnlly the City finds out about home occupations when individuals apply for a Illes tax liccmc. If a business docs not require a Illes tax license he advised ii is possible that they arc operating withoul that inspection. Council Member Halhaway asked Mr. Stitt, bued on his experience. how many busincaes that arc referred to as professional offices in lhc home arc rcgillcred with dlC City, as moll do not require a sales tax liccnsc. Mr. Stitt stated that if they do not call dlC City 11111 inquire about whelhcr a certain occupation is permitted in a home we bavc no way mkmwing. He advilod that it is dlC type rime that. unlas dlC City receives I complaint from the neighbors. is rclalivcly invisible IO dlC neighborhood. Council Member Waldman staled that one ol the concems cxprcsaDd in lcttcn to Council is that people arc objecting to busincaes that might have trucks or wbic:lcs med by mowing services. He said that he did not sec this addressed and asked if an amendment is needed . Mr . Stitt noted that, for inmncc, a mowing services would generally have more than one employee and that would be dlC lrigcr that that is not a permitted use . He stated staff' docs not run into this situation very aftcn unlas tberc is a complaint. Council Member Waldman noced that you do not bavc to bavc your cmployccs coming 10 your home 10 run a mowing service, bul you might wanl to park your vehicles along with your equipment at your home . He feels this is one lhc issues lhat residents bavc exprcaed c:onc:em about. Mr . Stitt advilDd that there arc provisions in lhc code lhal limit lhc size ol vehicles that can be puked on your propcny . If there arc large vehicles associaled wilh a home occupation they would be prohibited from being puked on dlC llrCCl. in residential &RaS. Mr . Stitt further explained that this isluc is noc apccifically addreaed in dlC home occupation regulations . Council Member Vorrnillag stated lhat a resident may have a trailer or truck on lhc llRICl and work for someone else and not have a home occupation . Planning Adminillntor Stitt advilDd that this is an iauc in terms of what type of vehicles arc pcnnitted to be puked or IIOred on propcny or on public IINetl. It might be connected with I home OCCUjNllion, but he llaled be feels that 75% fl the home occupltions registered in Englewood. if they bavc vehicles IWDCialod with them. arc nothing that you IWOUlcl not ftad in someone's garage anyway . Council Member Halhaway llaled dill dlC lcacr ftal dlC Angle Tree Company addlalDd dlC facl dill home occupation pcopk: do noc have to pay for a busiacll phone. a busi-prupcny addrea. they arc DOI paying property tax at a OOIIIIIICrcial building '* _.. a residealial l'IIC . SIie Diiled llllle ialCI arc DOI addressed in this ordinance . Mr . Stitt advilDd lbal lie did DOI feel die inlcat of die onliauoe waa ewa 10 addras those typcS cl issues. He~ 111 1 lbal it is a valid point, tbat w lllllllitW •·-· -• may object to home occupalions pcr111p1 iacrwiaa lllcir QOIIIPCl.itioll bul W • W • lall. • .. - •. I· • 0 • E•clewood City CINIIICil Aupst 21, 1995 Pace, • • - Council Member Hathaway nolcd she goc the impreuion after Riding the letter from Angle Tree Company that they are against the government endorKment of unfair competition becaule IOIIICbody is classed IS a home occupation versus a business. Mr. Stitt ldviled that that i1 a matter for lax and rat estate law more than it is a zoning ordinance iaue. Planning Administrator Stitt submitted Proof of Notice of Public Hearing u publilhed in the Englewood Herald on July 27, 1995 . Joan Smallwood, 4737 South Fox. stated she i1 in R·l·A l.GDe Dillricl and last Ncwemt.cr, prior to moving to this address, she callod City Hall to see if she could opentc a daycare businas from her home . Ms. Smallwood ldviled she wu informed lhal lhe could CIOllduct a daycare business from her home and eight weeks ago she moved in. Ten days qo she wu lCIWld nolicc that she IIIUll ceac: business within the next 30 days. She DOied that Cffll thoup she may jull be I victim of misinformation, she did not realize this IS she is aware there are at least three homes operating daycare busi._ in the area, mme for IS many IS eight years . Ms . Smallwood asked. IS daycare provides a YCl'Y valuable service to the community. that it be looked at u an exception to the normal home occupation. She noted that in today's society we have become very entrepreneurial, people are wwking and mme companies are encourqing people to work out of their homes . She exprcsled her opinion that, if daycare is neceaa,y, home daycare is the best situation for children IS institutionalizing children in large facilities is proving over and over again to not be the best option for young children and babies . She added that restrictive onlilllJICCI that prohibit daycare from openting within certain areas can and will brak down the family unit. She lllted it will force young families to be out of the home and to be nay from their children. Ms . Smallwood pointed out that daycare homes provide an CMrWhelming number ofbeadlts for children u a community service. She submitted I brochure to Council wllic:b lilU -of die benefits that daycare homes provide to the a,mmunity . Ms . Smallwood maintained lhal the City. in die PIil, bas failod to IUCICCllfidly enforc:e zoning of this type and without a procedure of enfOlllCIIIClll the replalionl are -1111ess. She added that failure to enforce rules over a Ion& period of time IJell p,,eceden.:e that IUdl rules really do DOI ffl:11 exist. She stated she drove through her neighborhood tbil Meli and a>nllcted -different ralton with homes for sale in the neighborhood . She nolcd 11111 they were DOI IWIJC of the mning reSlrictions or informing buyers that the zonina ncn existed. wllic:b puts people •jeopardy. Sbe pointed out 11111 neighboring communities, such u Littleton, have made co--1calio.,s for child care pantin& conditional uses . She submitted a copy of the City of Littleton' 1 Zoning Ordinance rclalive to Conditional UICI/Child Care Centers to Council . Ms . Smallwood lllled that c:urrcndy the only method of monitoring zoning violations in the R-1-A Zone District is to pit neighbor against neighbor and to encourage tattlin& to the City . If the City CIIIIIOI provide I better monitor than that she feds they should seriously Clllllider whetber the zoning can be etrective . She DOied that it has been IUa,csted that tnfl"ic is ID isaie with daycare . She pointed out that the avenge daycare has no more than six to ei&ht children. She llked where does a traffic situation occur, is it two cars. four cars. etc. As she ma within four blocb of ID elementary school she stated four cars would DOI impede the trd"ic to the ICllool . She poinlod OUI lhal because they are licensed by the State they are prohibited to pow u they are told how many children they can have . Mayor Burns commented that Ms . Smallwood left a IIICIUF and when he callod beck he milled her. He apologized . In raponse to Mayor Bums, Ms . Smallwood confinnod there an: a number of daycare homes in her neighborhood, which is ID R-1 ·A Zone District . Responding to Council Member Vormittag. Ms . Smallwood advilCd that she is licaaed to care for six children with two pan-time children befon: and after school . She stated she tries to run• ftall atplCity, but she currently cares for seven children . Council Member Hathaway asked if Ms. Smallwood would have a prablan with compl)iq with anythiq that Littleton currently hu conflpared in their conditioul '* requirelllenll for daycare. Ml. Saallwood -• ,- .. I • • 0 I ( l~ f 32X 1 • • • Ea&tewood City Couacll Auplt 21, 199!1 Pase7 • 0 • ,, - I• • swed she would not. However. if daycare is not alloMd in her neigllborbood she will have to sell her home as this is her only 10Un:e or income. She c:onfinned !hat she bas a Stale Licauc and hu to comply with the majori1y or Littleton's restrictions Ul)'WIY as daycaR is llrinpnlly replaled. She Stale regulations govern such things as noise, fenced yards. ..re drop oil places and puking pnerally is not an issue as puenll generally only park long enough to drop a c:llild oil or pick ti-. up . Council Member VMmiuag ukod how much it bas COil her to bring her home into complilllllle with Slate Rgulations. Ms . Smallwood adviled !hat the home she purcllaed is a brand new home with no yard. Consequently, she Slated she bas i!Mlled money in her area as she put in a fence. pus. and and areas . Council Member Wiggins uked if she hu actually put thc fence in or i1 she in the pn,cas. Ms. Smallwood Slated she is in the procas or putting the fence in. she hu a tcmpOnry fence at this time. Vera Montez. 2925 South Elati, Slated she hu been a licenaed child caR provider in EaaJc'M)od for seventeen years. She agreed with Mr. Stitt that the zoning rules need to be modcmu.ed and asked why not the child care home facilities also. She Slated when Littleton was in the procas or updating their ordinances she told them that this is a a,mmunily ICl'Yicc which is lic:cnlcd and regulated by the Stale. She stated she feels Englewood hu approximately forly lic:enlcd daycare providers. She Slated she is very active in the daycare association and twenly Englewood daycare centers uc also very active. a,mplying with education requiRmcnll and working as volunteers in thc communily. She pointed out children uc our future . She expRSSed a,ncem that in some places thcy can c:are for only six chilclrcn. but she asked what happens to the bcfoR and after school kids. She Slated thcy arc people and have thc same needs for safely and need someplace to go. Ms. Montez ukod Council to recomidcr modernizing and undudizing the whole zoning to include family child care homes in all orEnatcwood. She 11ated thcy do pay taxes and they do an excellent job for the communily. Ms. Monccz offered to provided further Slalisticl if Council so desires. Council Member Habenicht asked if most daycare homes prvvidc daycare within the immcdiale neighborhood . Ms . Montez Slated most or the time thcy caR for children in the immedialc uca. However. if someone lives in another a,mmunily, but works in Englewood. they may look for daycare here in order to be closer to their children. Council Member Hathaway commented that they also 1CDd to maintain a clicntcle or people who move out of Englewood but tend to bring thcir kids back, as home bue daycare centers have a rq,ulalion for being better than the institutions. Ms . Montez Slated that that is right. that not all children need to be in centers. nor do all childRn need to be in homes. She poinled out thcR is a need for bach . Lany Floyd. 2739 South Washington Street. lllted be has lMld in Enalewood for thiny years and railed three children in Englewood. He DOied be is bcR this CWlliq as he -a lialc ar1ic1e lhlCk in the middle of the newspaper giving notice al this IIICICling and be lllted this is the only IIOlice he receiwd or this meeting. Mr. Floyd commented I.hat appn,ximaldy eight IIIOlldls a,o. when this~ -ftnl a,nsidered. be circulated petitions in three blocb al his llcipborllood. He poilllld OUl tllal -, single person in those blocks sipcd the petitions which CllllllaiDed ao lell lllu 200 MIDCS. He lllted thal if the article in the paper had Men big cnouah, for those people 10 nare or it. there Mluld have been about 400 people sitting in the audience tonlJbt. He Slated their polilioa is tlial if it is Mil bnlke doa 'I ftx it. dial the R-1-A housing situation hu been fine for his family ud ewryoac in his neipborllood for lllirty years . He stated that he went to every house in his neipborllood ud they all feel the -way . He IIClleCI be docs not really have an intcraa in the other mne dillricts. bul tllal lie IIIIMNI 10 Englewood 10 niae his family because of the R-1-A desipalion. Mr . Floyd Slallll ia the thirty years lie has lMld la dlia neighborhood they have had I piano ICll:ller. a hairdlaer ud other bullimm apenw11 GIii al their homes and never was a problem . Bui the poinl is. he IUalld. thal if it bad llecmic 1 ,..... llley Mluld have had some way to deal with it . He Slated be has no pralllem with people uyilla IO aalic a liwt&. bul thc lady that jUII bouJbt the house si-ld bave been nare al tlle 1.0lliq raaric&ionl • !Ml illfcnlalion is available. He asked thal Council leave the zoning the way it Is . .... I· • 0 , 2 • • • En&lewood City Council Auplt 21, 1995 Pagel • 0 I • - Council Member Hathaway asked if he was aware of tbal tbe piano icachcr and hainlreacr were basically operating illegal businesses. Mr. Floyd llaled he was . In RSpOnSC to Council Member Waldman, Mr. Floyd llaled he wants R-1-A left euctly as it is, the way it has been for thirty years and the way people want it. Council Member Waldman asked ifhe thought everyone in Ms. Smallwood's area actually knew that R-1- A restricted home occupations. Mr. Floyd Slated tbal they should if they checked on it as the information is available. Mayor Bums stated that when Mr. Floyd bought his home thirty years ago there -no IUCh thing as a home computer. Now all kinds of people bring WOl1t home and they buically ue proceeding illcplly. Mr . Floyd staled they might be, but if it never bcc:omes a pniblem it is 1111( going to be an issue and M do not need to fix it. Mayor Bums asked him to define what a pniblem .wld be to him . Mr. Floyd llaled if the thing blew up and staned a fire ii would be a problem, but ifmmcone uses a computer who will complain . Mr . Floyd staled a daycare center is another maner as that does crate a problem with vehicles in the strccl. ii is visible and you can hear the kids. If that bcc:omes a problem then ii can be fixed. he noted. because ii is not legal . Council Member Vormiltag staled that ii is the residents calling the City tbal want lo be legal, they want 10 operate honestly . Mr. Floyd commented that if the hairdresser previously operating out of his neighborhood had become a problem he would have had a recourse, but if this passes there will llCl(hing that can be done about ii. Council Member Vonnittag noted this is a caach-22 situation. it is like ii is okay 10 do ii but we do not want 10 know about it. Mr. Floyd agreed, but pointed out that if Council really want 10 know what lhc people want they should pul it to a vote . Council Member Habenicht asswed Mr. Floyd that Council does recall the prmous input and she recalled that someone was designated from tbal group to be advised of this meeting. ~ she did not want a mispcrccption. she advised tbal notice ol this bearing was published in the Eqlcwood Citian and the Englewood Herald and that every cfl'on was made to inform residents. Mr. Floyd lllled tbal the resident designated as a contact person has sold his property and IIICMld out of State . Mr. Floyd reiterated his comments and added that every person that addressed Council tonight has I per-a IX to grind. they are not speaking for somebody else, they are speaking for themselves . He ... ed tbal cvcryonc Iha& signed the petitions just want 10 be left alone in R-1-A. as ii is probably the mos1 prestigious as far as property values . Council Member Hathaway asked if Mr . Floyd has sccn the proposed changes that refers to home offices versus home occupations. He stated he has not that he became aware of ii through Mr. Stin 's comments this evening. Ms. Hathaway advised that this proposed change camc about because of residents commenting that they do not want I home occupllion in tbcir nci&)lborhood. but they do not mind businesses that do not present a pniblem. She lllled staff' was asked to Rldircct this to where there is some definition and delineation bctwccn. for illlllnce. I person who brinp a tow truck home versus aomcbody silting 11 his computer sending messages back and forth lo his offices . Mr. Floyd staled he undcrslands that. but asked if ii is really necessary lo change the ordinance lo do that . Council Member Hathaway Slated that staff" s original intent II looking II lhcsc changes was lo rcftec:t the reality tbal exists in this community . She acknowledged that Mr. Floyd may not feel that this is I IIOCICSlity . However, she noted that 11 some point in lime we hive 10 clcal with the reality lhal thinp nai in tbe R-1-A 1.0DC lla\'C changed some . Ms . Hathaway added that she does not ~ whether tbe clllqes are lipific:uc enoup lo warrant puning this in ordinance form and ukod Mr. Floyd for his lhou&hts. She asked ifM rd1ecl the reality of the lady who has cul hair in her home . They cxi• illcplly in R-1-A ri&ht -and pn,blbly will continue 10 do so . She asked Mr . Floyd if he were sitting OIi Council bow lie .wld lldoqullcly address this issue . Mr. Floyd stated he would lcavc ii cXICtly as ii is . She asked if lie would change ii 10 address the issue of home offices. Mr. Floyd llaled no, he would not cbanac ii II all . Chris Hoagland. l<M I South Franklin ... ted he rather liked the City Planners position on this as it Dlnds like ii is pretty well thought out . He noted lhll lhc really pivotal iauc here is to retain Ille rcsidenlial • ,. , I • • 0 ' • • • E•&lcwood City Council Auplt 21, 1995 Pa&e9 • 0 • character of the residential ncipborhoods. He llalecl be feels it ii rally inapproprialc for people 10 opcraae busincaes in thole ncigbbarhoods if it ii abwlus dial they arc doiq it He feels people wbo -it on the phones and a,mpulCn can be complddy invisible • they do DOI MW CUIIOlllen comiag 10 the house, employees or vebiclcs dnlppina oil tbillp. He lll&ed it ii a very IOUCby ~ • it ~ be very unfortunate if the raidcntial llllurc fl the ncigllborllood dlups by doiq .,....,..ing tbal ii abviously business related . He acknowloqDd we rally MW a difrcnnl ~ lban lhiny years qo. He DOied the ranks of middle managcmc:na, dial pnably IIIOII fl die people ia Ibis CIIIIIIIIWlity -,ired 10. arc being decimated. He pointed out that about tbe only lbiaa you cu do ii art your own bulinal or take a very inleaue job and it ii a very different -'II riglll -for.....,,_. Mr. Hoqlaad llltell tbal he feels tbal if IOlnebody can opcrale a "--ud do it ia IIICII a fllbicJa dllll does DOI cbanF die rcsidential nature fl the ncigllborhood lben dllll lllould be penaiaod. Lcncn from Angle Tree Company ud Ridlanl Diacmore were cmered into tbe record . Council Member Ha&haway clarified dial Couaci1 will DOI be Wblll OIi Ibis ~ dais cwning. ii will be voted on at a fuluR Council aocunc. SIie lllled tbal IIMDd on aimmcn1 ..:eiwd dais cwnina she .w1c1 hope that WC do a littlc bit bctlcr public IIOlificaliOII fl tbal panicular Wle aDd ..ciftg. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE TIIE PUBUC BEARING TO RECEIVE CITIZEN INPUT ON AMENDMENTS TO 111E ENGLEWOOD MUNICIPAL CODE RELATIVE TO HOME OCCUPATIONS. Ayes: Council Members Hathaway, Vormittag. Wiggins, Habenicht. Wagoner. Waldman, Bums Nays : None Motion carried 111d tbe public hearing doled. 10 . c ... A..- couNclL MEMBER BA111AWAY MOVED, AND rr WAS SECONDED, TO Al'PltOVE CONSENT AGENDA rrEMS It (a) (I) 1111lOUGB (Y) ON PIIIST READING. (a) Approve on Finl Reading (i) COUNCll. BILL NO . 49. DmtODUCED BY COUNCll. MEMBER HATHAWAY A Bll.L FOR AN ORDINANCE AlmtORIZING AN EXTENSION OF TIME FOR 111E 1994 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BE'JWEEN 11IE ARAPAHOE BOARD OF COUlffY COMMISSIONERS AND 11IE CITY OF ENGLEWOOD TO ALLOW FOR 11IE COMPlEl1: EXPENDl1URE OF FUNDS . (ii) llESOl..tmON NO. 57, SERIESOF 1995 A RESOLlTTION BY 11IE CITY OF ENGLEWOOD AU11IORIZINO 11IE DEPARTMENT OF COMMUNITY DEVELOPMEl'IT TO FD.J! AN APPLICATION Wl'J1I ARAPAHOE COUlffY FOR A 1996 COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND 11IE HOUSINO REHABILITATION PROORAM AND ASSIST Wl'J1I TIIE FUNDINO FOR 11IE F AMll. Y SELF SUFFICIENCY PROORAM . (iii) COUNCll. Bll.L NO. 52 , DmtODUCED BY COUNCll. MEMBER ,,, - I· HATHAWAY o A BILL FOR AN ORDINANCE APPROVINO A LEASE BE1WEEN CRAJO HOSPITAL AND TIIE CITY OF ENGLEWOOD. COi OIW>O TO 08T AIN AIRSPACE OVER A PUBLIC STREET. SOUl1f • • • • 0 I• - Eapewood City CIMlac:11 Auplt 21, 1995 Paae 10 CLARKSON SnEET, BETWEEN EAST GIRARD A VENUE AND EAST HAMPDEN A VENUE, FOR 1lfE CONSTRUCTION, MAIN1cNANCE AND OPERATION OF A TWO LEVEL PEDESTRIAN OVERPASS . (iv) COUNCll. Bill.. NO. 56, nmlODUCED BY COUNCll. MEMBER HATHAWAY A Bill.. FOR AN ORDINANCE AlTJ'HORIZING AN INl'ERGOVERNMENTAL SETTI.EMEm AGREEMENT TIIE CITY OF ENGLEWOOD, COLORADO, CITY AND COUNTY OF DENVER. COLORADO AND CYPRUS CLIMAX METALS COMPANY PERTAINING TO WATER RIGKJ'S . (v) COUNCIL Bill.. NO. SS, rtmlODUCED BY COUNCll. MEMBER HATHAWAY A BILI. FOR AN ORDINANCE AUTHORIZING AN INl'ERGOVERNMENT AL AGREEMENT ENTITLED CITY DITCH/HIGH LINE CANAL AGREEMEJin' BE'JWEEN TIIE CITY OF ENGLEWOOD. COLORADO, AND TIIE CITY AND COUNTY OF DENVER. COLORADO Vowrauib: Ayes : Council Members Ha&blway, Vonnittag. Wiggins, Habenicht. Wagoner, Waldman. Bums Nays : None Motion carried. COUNCIL MEMBER HATHAWAY REMOVED AGENDA ITEM 10 (') (ili) FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (') (i) AND (U) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO . 43, SERIES OF 199S (COUNCIL BILL NO . 38). INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE SUBMITIING TO A VOTE OF TIIE REGISTERED ELECTORS OF TIIE CITY OF ENGLEWOOD AT TIIE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO TIIE CHARTER OF TIIE CITY OF ENGLEWOOD. COLORADO REGARDING TIIE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT DEFINITIONS. BARGAINING RIGHTS, SUBJECTS FOR COLLECTIVE BARGAINING, IMPASSE RESOLUTION , TIIE CAREER SERVICE SYSTEM, CAREER SERVICE BOARD, DUTIES AND POWERS OF TIIE CAREER SERVICE BOARD AND EFFECTIVE DATE-VESTED RIGHTS UNDER TIIE CAREER SERVICE SYSTEM TO PROVIDE FOR A BINDING ARBITRATION PROCESS . (ii) ORDINANCE NO. 44. SERIES OF 199S (COUNCll. Bill.. NO . 43), INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING TITLE I, CHAPTER 4, SECTION I, BY ADDING A NEW SUBSECTION C. ENTITLED TRIAL BY JURY FOR JUVENll.ES. Vowraulta: Ayes : Nays : . - Council Mcmben Hatbawly, Vormiltq. Wigins. Habenicht. Wagoner. Waldman. Bums None ,. - " I . • 0 • • 0 - Ea&te,rood City C1111ac:II Aaplt21, 199S ••• 11 Motion c:uricd. ••••• 10 (b) (iii) Council Member Halblway llllted lhc will -to table tllil as theft bas been a loc or comment on this puticulu amendment ud lbe ii feeling a little bit more llDCOlllibtable with the issue. !Clerk's Note: Council Bill No. 46 amends the Enpewaod Municipal Code by addia& a ac:tion. DlSORDERL Y BEHAVIOR; REPORT BY LICENSEE pa1ainiDa to the Liquor Licealiaa Audlarity.) COUNCD. MEM8ER HATHAWAY MOVED, AND IT WAS SECONDO, TO TAaU AGENDA ITEM 10 (II) (W) -COUNCD. aJLL NO. "- Ayes : Council Members Hadiaway. Wigim. Halleaidll, W...-,. Waldman. Burns Nays : Council Member Vorminag Motion carried. 11. Onllauca, lletohdiGlla ud Modoa1 (a) Approve on Fina Reading (i) Director Gry&lewicz preaented a recommendation from the Department of Financial Services to adopC a bill for an ordinance ameading leCtiou or the Eqlewood Municipal Code relating to the investment or municipal funds . He advised the ,-for theae chanpa ii to reconcile the use of the Investment Policy with the cumnc code. The code bal 11111 been updaled to~ the adopCion or the Investment Policy which has been in drect since 1990 ud it bas been dlanpd twice, in 1991 and 1993 . He DOied that Council reviewed the IIMIIIDall Policy in SCudy SeaioD 1111 Aupll 14, 1995. The City Clerk was asked to rad Council Bill No. 41 by title: COUNCIL BILL NO . 48, INTRODUCED BY COUNCll. MEMBER HABENICHT A BILL FOR AN ORDINANCE AMENDING nn.E 4, CHAP1Bl l, SECTIONS I AND 2. OF 1HE ENGLEWOOD MUNICIPAL CODE 198' REQUIRING COUNCll. TO REVIEW AND ADOPT AN INVESTMENT POLICY BY RESOLtmON ANNUALLY . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCD. aILL NO. 41. Ayes : Council Members Hadiaway. Vormina,. Wigias, Habenicht. Wagoner, Waldman. Bums Nays : NOiie Motion carried. (ii) Director Gry&lewicz praented a recommendation from the Deplrtmenl or Financial Services to approw: a three pen:a1 6-in benefill to the Non-Emerpncy Employee Pension Fund as or January I, 1996 for retirw ud bellcftciarill wlme peyW COtDN!!Ce prior to July 1, 1995. He advised that OIi April II, 1995 the Noa-Emerpnc:y PeMiCIII Baud ......... a benefit increase adjusunent study be performed by the ICl1llry for the City, Mercer ud Company . After Ille review on July 19, 1995 the Bolnl vOled to ._...i to Couat:il a 3% _... ill beadles for retirw and beneficiaria as or January I, 1996. Only thos retirw ud lleMlc:iariel ... ,.,_. lllpll prior to July I, 1995 will ra:eive thi1 increue. He llllted 1111a cunady llleir beaelll naee fnla 141 .53 per month to S2027 .40 per IIICllllh . This illCl'CMC Mllld ..-llllldltl fnla SI .25 ID $60 .12 per ...... which will COIi the City SIJ,744.10 per )'Ill'. DillCtor ~ ...i dlll lGCllllll lilllility for dlil fund ii allllOII S200,000, but_.. cunady are alW Sil aillioa. Ca r I sly. dlil wiU aa1 .aic. ,, - --,-..,.._.,....,....... ' I ! . I, ..... • I . • 0 - • Eaatewood City CcN11icll Allplt 21, lffl Pa&e 12 • 0 • the viability of this pension and it will not increase the propoml 6% of payroll budgelcd for the City's contribution for the 1996 Budget. The City Clerk was ubd to rad Council Bill No . 54 by tillc: COUNCil. BllJ. NO. 54, IN'J1l0DUCED BY COUNCil. MEMBER VORMITI AG A Bll.L FOR AN ORDINANCE AMENDING 1111.E 3, CHAPTER 6, SECTION 7, SUBSECTION 7, OF 11fE ENGLEWOOD MUNICIPAL CODE 1915, INCREASING 11IE BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF 11fE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREMENT PLAN BY 3%. COUNCU. MEMaER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APl'llOVE AGENDA ITEM II (a) (Ii) -COUNCU. aD..L NO. 5'. Motion c:arried . Ayes : Council Members Halhaway, Vonnittag. W1gins. Habenicht, Wagoner, Waldman, Bums Nays : None (iii) Division Chid'Bob Moore praentod a lUIOIIIIIICIICln from the l:>cpannalt of Safety Services to approve an ordinana: amending Tille 7, Cbaptcr IC, Sectiom I and 4 of the EaaJcwood Municipal Code allowing for and rcgulaling miniaNR Vidnamele pot bellied pigs by iaaace of a pennit. He said that. while pot bellied pigs ha\'C been defined in the Code u swine and are, u such, prohibited under Section 7-1 C-1. e11c:q,tions ha\'C been made by the City and 1.00logical permits ha\'C been granted under Section 7-IC-3 . The prupoeed ordinance is an attempt to remcM the aiaftic:t and provide for the licensing of pot bellied pigs. Responding to Council Member Waldnan. Mr. MooR said he IUlpOCll thcle are half a dozen to a dozen pot bellied pigs currently in Englewood . City Manager Clart llaled that the City Code Enfon:emcnt Division has illuod 1.00logical permits to pot bellied pig owners in the pal but has dilcontinued the pnlCtice pending the pnipoed ordinance. Council Member Habenicht ubd how many lllllkes we ha\'C in Englewood. Mr. MooR raponded that he was uncertain of the number but there are rcsiclcnts who ha\'C boa constric:ton and pythons. Mr. Moore said that there is a logic to the permit system in that ii allows the City to know whcR thclc animals are and that they are properly bouled. The locations are inspected by an animal control officer. Responding to Council Member Habenicht, Mr. Clart utod that pmage of the new ordinance will permit pot bellied pigs u • pet . Council Member Wagoner ubd why the new ordinance i1 necaary if they are allowed under 7-IC-3 . Mr. Moore responded that the two cites are in aiaftict. Mr . Clart stated that. if the City has two ordinana:s that are in aiaftic:t, his illllnletiom IO llaff will be to enforce the ltric:ter of the two. 1'llal eacntially mcans that pot bellied pip-W IIClt be peniined under the til'O existing ordinana:s. Council Member Waldman ubd what type of rauic:tioal can be placed on the living envininacal of a pot bellied pig. DilCUllion -.ed. Council Member Hlbellicht ubd for clariflcalion afdle puqnpll in Section 7-IC-3 calling for rcgulMlon of pot bellied pip. City Anomcy B..--said that the pip will be replllcd by the permit iuucd by the City . • ,. - •. I· • 0 • EasJewood City CCNlac:11 Auplt21, 1995 ••• u Discussion ensued . • 0 • Mayor Bums asked if this dcfioilion fl pot bdliod pip is Uled in oc11er cities and w11e111er -me loobd a1 other cities• rqulations. Mr . MooR felt that it COlllpU9d with odler cities . Mr. Moore pointed out that no more than one pi& will be permiaod OD a .,...aty, it .... be iplyed or neutered and the owner ml.Ill me a permit. Mr. Brotzman clarified that this will 1111( be a 1.0lllop:al permit but. lllber, a mwly created permit specifically for pot belliod pip. Council Member Wigins said he is 1111( in fawJr fl Ibis onlinaace. He feels tllll a pol bellied pig is a swine and. • such. is 1111( allowed . He feels that pip sbould -me been permiaod under 1.0lllop:al permits. The City Clerk was asked to rad Council Bill No . 50 by title : COUNCIL BILL NO . 50 , IN'JllODUCED BY COUNCIL MEMBER HA'llfA WAY A BILL FOR AN ORDINANCE AMENDING 1'111.E 7, CHAP1B IC, SECTIONS I AND 4, OFnlE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POT BEU.JED PIGS. COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (a) (Ill) -COUNCIL BILL NO. SO. Ayes : Council Members Halhaway, Vormittag. Habenicht. Bums Nays : Council Members Wigins, Wagoner, Waldman Motion carried. Council Member Habenicht suggested that a public heariq mi&ht be in order ,.rdi111 pot bellied pip. It was clccided that a full public hearin& ~ -1111( wamnted becaua the lllallcr will be belOR Council again on final reading . Ms . Habenicht aimmented tllat she would lib to bear more people 's opinions on the subject . (iv) Director Esterly pracntcd a recommendation from the Department fl Public Works to approve an ordinance authorizing the sale fl the Federal Fi~ Station propeny localed at 4065 South Federal Boulevard for the prmously qreed to price fl S 164,IOO . He ~nded Council that a leue with an option to purchae with Glubond. Inc . was approved by motion on Fcllruuy II. 1992 . Council Member Wagoner commented that the City is locked into this price. City Aaomey Brouman concurred . Council Member Habenicht maaed tbat she contac:ted the City Clerk for the llillOry fl Council's acliou on this iuue. She lcamed that leasing the Federal F~ Station to Glalboad, Ille. -before COUIICil on two prMOUS occasions . The action failed OD the ftnt oa::asion balDd OD a dU'le to three wee with an abstention based on a council member's aiaflict fl iatcrell . WIien the lauc -COlllidcred three 8*llhs later, it paacd on a VOie fl four to three. with 11111 same council member VOiin& in IM>r. She said llbe ha never supponed the lease and would not fciel comfonable VOiin& for the lealC at Ibis time . Council Member Hathaway asked if the leuec ha lived up to his a,ntraccual ~pliolll to die City and if the~ have been any problems . Mr . Brotzman raponded tllll ~ me been no prablems. Ms . Hathaway auened that the City then ha a lepl obliptioD to allow Gluboad to purcbue the .,..ny or face a law suit for b~h of contnct. .. -• I . • 0 f 1~ • • E•&lewood City Couacll A•plt 21, 199S Pqr14 •, '· • 0 • Council Member Waggoner aked about lhc lcpl couequcnces al a lXIWICil ..-.ber claiming a conflict or interat and then laler voting in raw, or lhc ilme. City Attorney Brouman said that Couacil may ID llbald 111d apprcM lhc ordinance on ft.-raiding 111d be will develop a lcpl analysis oa lhc llllllter. He said lhc pniblcm is !hat lhc llllee Im done ~ng c:onectly in accordance with lhc lcale, and. allhougb lhc 1eue-..... improperly, there will ltill be legal ramific:alions if be is not allowed to excrcilC lhc pwdluc oplioa. Mayor Bums said he is not in fawr or votiq 10 blacb lhc City's COllbadl and ..... with City Attorney Brownan 's recommendation to pus lhc bill on ft.-raiding 111d then receive a lcpl analysis. Tbe City CIClti: was aked to read Council Bill No . 57 by lide: COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AU11fORIZING 1HE SALE OF 1HE CITY OF ENGLEWOOD FEDERAL FIRE STATION LOCATED AT 4065 SOtmi FEDERAL BOULEVARD . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (•) (Iv) -COUNCIL BILL NO. 57. Council Member Waggoner commented that he will vote yes bcc:ausc of lhc obligation that lhc City is under. but Slated that he is not in favor of it. COUDCil Member Habenicht cooc:urrcd with Mr. Waggoner's conunents. Motion carried. Ayes : Council Members Hathaway. Vormillag. Wigins, Habenicht, Waggoner. Waldman, Bums Nays : None (v) Planning Administntor Stitt praenlcd a recommendation from lhc cleplnmcnt of Community Development to adopl a raolulion approving a Planned Development on lhc South Denver Medical Plau with conditions . He said that. at lhc Public Hearing that was held on this nwuer, ~ \\'as some concern expressed by adjacent property owners that drainage from this site might clcleriorale lhc alley beyond its present deteriorated condition . Tbe archilecll llld owners a( this property apee to rcdira:t lhc drainage 10 Floyd Avenue and Mr . Stitt indicated that he has plans that rd1ect that change . COUDCil Member Vorrnittag uked why lhc building will be umcd South Denver Medical Plua when it is located in Englewood . Mr . Stitt could only rdale thal that is lhe name lhe owners ldedcd. Tbe raolulion was assigned a number 111d read by lide: RESOLUTION NO . 58, SERIES OF 1995 A RESOLUTION APPROVING 1HE 3299 SOtmi LINCOLN SDEET PARTNERSHIP PLANNED DEVELOPMENT FOR 1HE SOI.ml DENVER MEDICAL PLAZA WHICH WILL BE LOCATED AT 3299 SOUTH LINCOLN STREET IN 1HE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -RESOLUTION NO. 51, SEIUl:S OP 1"5. In rapoue to Council Member Waggoner. Mr. Stitt confirmed that all lhc drainqc Fnerated on 11111 loc will 11C1C ID inlO lhc alley, bul will ID inao Floyd A-. --~------I I I :r i .. -...... ; •· • 0 f • Eastewood City CCNIIICII Auplt 21, 1995 Pase 15 •, • 0 - Council Member Vormittag asked for a copy of'dle plan. t• Ayes : Council Members Hadlaway, Vormittag, Wigins. Hllleaicht. Wagoner, W.W-, Bums Nays : None Motion carried. There were no additional itcms IUbmitted for appn,val on~ reading. (See Apnda Item 10 -Couent Agenda.) 12 . Gaeral DIICllllloa (a) Mayor 's Choice Mayor Bums did not have any manen to bring before Council. (b) Council Member's Choice (i) Council Member Vormittag: I . He asked about die new building and die Medi al 4100 Soudl Grant StRcc . City Manager Clark will have Slaff check into die weeds. He rcla&ed dlal Projecl Build could put a lloUlc pRlty quickly onto that propcny but Slaff feels lhal die ncigllborllood cu IUppCll1 -than a low to moderate income home. The recommcndalioll will problllly be dlal • beacr --be built OIi dlal pn,pcrty. 2 . Mr. Vorminag ubd lboul die 11111B of'dle Eaales pn,pcrty. Mr. Clark said dlal -1d be discussed in executive session tonight. (ii) Council Mclllbcr Wiggins ..... dial be requaled an update lboul die Medi on the southeast a,mcr of' Hickory and l'lalicc. He RICCMd a r....-dlal die locatioa was in Uttlcton . He actually wu referring 10 die Dlthcast corner of' die put al lhal intcnDction, which is in Englewood . He said that South Suburban has adopted a llllllnl open 1P1CC ~ policy . He 1tated that Englewood takes prcc:edcncc over this policy and he -1d like die pn,pcrty to lo«* decent. Mayor Bums said he will be meeting with South Subwtlan before too long. (iii) Mayor Burns mentioned a Idler clillributed die Council that is addRlled to Ben Klein , Chairman of the RTD Board. CIICCIWlaina dlal board to fund die final plans for die Soudlwell Corridor Light Rail System, even lhoup Federal luads will noc be fortbcoming. Without the final plans. we cannot ask for I full funding grant qrecmcal from die Transit Adminisualion in Wahilll'CJII . He plans to ancnd the Metro Mayors' Caucus on Friday and has askcd that die matter be placed on that agenda. (iv) Council Member Habcnicbl : I . She thanked the Safety Services staff' for their dl'orll related to National Night Out . She said that the showing wu wonderful and lhcir dl'orll arc lnlly appn,ciatCld . Mayor Burns said he rode with Offlccr Nancy Petcnon that night and complimented her on her cxmlcn1 rclalionship with the a,mmunity . I • • 0 • • Eaatewood City C•acll Aapll 21, 1995 Pqel6 '· • • t• • 2 . Ms. fflbenicht aid Ille bas NCeiwd a lot alpcllilive rapome about the puadc. citing a letler from a cburch in the COIIIIIIWlity wlleR a IIUlllber al people liped dluking CGuacil for supporting the parade . (v) CGuacil Mamer w......, ...a dlll lie aaeaded a block pany in bis neighborhood ud 011C al the pnilllem llnlupl IO bis allallioD -a liglll prablcm al the ~ aimer alo.n-adl Place ud Uaivenily Boulc\l8nl. '111c quellioa-allll raial reprding the poaibility al illllalling a sidewalk oa die Wllll lide al Ullivenity ma l>utaatll Place to Darlmoulh A-. He aid dlll the llus llap ii• UlliYenity al Darlaoalb Aveac 111111 ..._ ~ Mlllillg to go to the bus 11ap from l>utaatll Place _. wait GIii OD to Univenily to ICl tlwn. (vi) Couac:il Mamer Waldllan : I . He cxpraaed gratitude to City ..,ao,.. wllo aaeaded a aeigllbarllood IWlilla nipnliag Duncan Park. The ima allighling, acurity. gnfflti, ......_ 111111 odler manen ._ addraad. 2 . He n,questcd that. when the mwt-trailer ii moved from Soudl Peamylvuia ud Part S&nds, it be placed on Clarbon Street near Belleview Avenue. 13 . City Muqer'• Report (a) City Manager Cwt dillribuled a ...... ..,.i oa CiDderella City. 8ecauK althe lateness al the hour be did not go into the ddaill al die ..,.i bul llaled tbal it will be availablc to the public and the press. He said that be ud Mayor Burm aR lallliDa with Mcn:antile tomorrow reprding the Joslins IIOR. (b) City Mauter Clark ,-uadrd 11111 CGuacil go inlo Executive Seaioll 10 clilcull a real csta&c matter. COUNCIL MEMaER BASENICBT MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION FOLLOWING THE COUNCIL MEE11NG TO DISCUSS A REAL ESTATE MATTER. Ayes : Nays: Motion carried. 14 . CltyAa-y'1.,_. Couacil Mcmllcn Hadlaway, Vonnillag. Wigins, Hlllcaidll, Wqgoaer. Waldlmn. Bumi None City Attorney Brotzman did 11111 haw any maaen to briq bdoft COIIIICil . IS . A•J-,_.. EMHR BATRA WAY MOVED TO AD.IOURN. '111c meeting..,._ at 9:30 p.m. ' • I . • 0 r'.-.r ,, • • • • 0 • 8 a PROCLAMATION WHEREAS. our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity , did ordain and establish a Constitution for the United States of America ; and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve, and defend it against all encroachment; and WHEREAS. the two hundred and eighth anniversary of the signing of the Constitution provides a hi storic opportunity for all Americans to realize the achievements of the Framers of the Constitution and the rights, privileges, and responsibilities it affords ; and WHEREAS , the independence guaranteed to American citizens, whether by birth or naturalization, sho uld be ce lebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23 , as designated by proclamation of the President of the United States of America in accordance with Public Law 915 ; NOW THEREFORE. I , Thomas J . Burns, '.\1ayor of the City of Englewood, Colorado, h ereby proclaim the week of September 17 through September 23, 1995 as: CONSTITUTION WEEK and urge all citizens of Engl ewoo d. Colorado to reflect during this week on the many benefits of our Federal Constitution and American citizenship . GIVEN under my hand and sea l this 5th day of September, 1995 . " - Prr nted or, Recyc led Paper ·_(~ • ... I • • 0 f • • 0 t• • COUNCIL COMMUNICATION Date September 5, 1995 INITIATED BY Agenda 119m 10 a 1 LIE VI/VI/TP Supervisory Committee Subject Professional Engineering Services for LIE WNTP Phase lb Expansion. STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ,, - . Previous Council Action : Council approval of the Long Range Master Plan for the Littleton/Englewood WNTP in April 1988. RECOMMENDED ACTION The recommended action is to approvt by melon an Agreement for Professional Engineering Services between the City of Englewood and Brown & Caldwell for the Phase lb Expansion Project at the Littleton/Englewood Wastewater Treatment Plant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED An overview of the Long Range Master Plan and the need for the Phase lb project was presented to Council at a study session on March 6 , 1995, and to the Water and Sewer Board on March 14, 1995 . The Long Range Master Plan for the Littleton/Englewood 1/1/WTP was developed in 1987 and approved by council in 1988 . The plan was needed to identify facility expansion needs (both procea and capacity needs) through the year 2040, u well a rehabilitation needs at the facility . The plan focused on four management objectives to be attained at the facility : 1 . Permit compliance 2. Protection of public and worur health and safety 3. Odor prevention and control 4 . Long term cost optimization Phase I of the plan identified the project elements needed at the facility to attain the management objectives for a twenty year planning horizon, u required by state and federal ,-gulatlon . Phase I was to be implemented in three stages based on project element priority establllhed at the time and on capacity requ irem~nts to be identified u time progntued. ' I . • 0 l ~~~--. ) . ----I :) ~ ~ § 1;1111 ~ 111•1111111 ;11~11111111 Iii' II 11 ~ !Up! i ! f 1: li! df)J I· 1 jl 1-. i ,. it i t1i1(I I tl1tl il;!li liJttf1t1I 1I 11111 f I~ . l:f_j ~ :!~fl f.ii1! iJiffial(J! }11 I j 1ii~l ·•"ii ·<·11 I I I ! ,t .. _ i 11 I I sr -.. --~ -.. --. ------ ft Pl i1ii! i(fil ijiJli 11 iij llf I r •. 0 . • •• !hh u' I -i .. l i 1 .. ,II iii!~ ~ ·1 iHt liUI lfi!111rn 1 .. }f i 1 • >JJ Ji (er i I ~ • -. . ~ . ./ . -~-..... .J_ -• ~ . . \ . . ,• 0 .. · • • • "' - . ,~ • ,. AGREEMENT FOR PRO~IONAL ENGINEERING SERVICES BETWEEN CITIES OF LITI'LETON AND ENGLEWOOD AND BROWN AND CALDWELL FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS THIS AGREEMENT is made and entered into on this day of September 1995, by and between the City of Englewood, Colorado, hereinafter referred to as "Owner." and Brown and Caldwell, Inc., authorized to provide engineering services in Colorado, hereinafter referred to as "Engineer": ~ETH: WHEREAS, the Cities of Littleton and Englewood have entered into a joint use agreement which describes each City's respective rights in and responsibilities for the ownership and operation of the Littleton/Englewood WWTP pursuant to which agreements and contncts may be administered by Englewood on behalf of both Cities: and WHEREAS. Owner has approved the Lona Range Facilities Plan, Updale for Phase lB and Beyond for the Littleton/Englewood Wascewarer Treaanent Plant (WWJl>): and. WHEREAS, Owner wishes to retain a qualified enameer to provide professional enpieering services to design, construct and saanup the facilities defmed in the Long Range Facilities Plan as the "Phase 1 B Project". and, WHEREAS. Owner, after reviewinJ the Engineer's Pn>posal of June 15, 1995, and after considering lhe Engineer's t>resentauon made on July 13, 1995, bas determined to retain the Engineer to perform the required services under die terms and conditions 1et fonb bereafter; and, WHEREAS. Engineer has available and offers to provide penoanel IDd facilities necessary to accomplish the work under the tenns and conditions aet fordl hereafter; and, WHEREAS, Owner and Engineer have completed negodalion of a lump sum price for the services provided under this Agreement NOW. lHEREFORE, Owner and Engineer agree as follows: I. DESCRIPTION OF PROJECT Owner and Engineer a~ that Phase 18 Project is as described in Exhibit A. entitled "Description of Project. dated August 1, 1995. If, during the course of perfonninJ the engineering work, Owner and Engineer a,= that it is necessary to make cban~ in the Phase 18 project as described in the exhibit. such cbanaes will be incorporared in this Ap-eement by written amendment • Aareement Aupst 'l2, 1995 Paae 1 of 7 ' .. ., I . • 0 • • • • 0 t• • ,. D. SCOPE OF ENGINEERING SERVICES Engineer agrees to perform those services described hereafter. Unless modified in writing by both panics, duties of Engineer shall not be construed to exceed those services specifically set forth berein. . A. Planned Engineering Services Engineer agrees to perform those planned tasks described in Exhibit B, entitled "Scope of Planned Engineering Services," dated August I, 1995. Planned Engineering services are divided into 3 Slages including ( I )Program Development, (2)Engineering and Design, and (3)Bid Period Services. Additional services required subsequent to award of a construction contract including construction management, training · of plant operations staff, and startup services may be adlied to this Agreement by wriuen amendment B. Miscellaneous Engineering Services Owner and En~r agree that not all work to be performed by Engineer can be defined in detail at the time this Agreement is executed, and that incidental engineering work related to the Phase IB Project and not covered in Exhibit B may be needed during performance of this Agreement Such work shall be classified as Miscellaneous Engineering Services. Miscellaneous Engineering Services include, but are not limited to, the following: 1. 2. 3. 4. 5. 6. Copies of engineering reports, contract drawings. specifications and other documents in excess of number specified. Assistance to Owner in arbitration or litigation. Services arising from the failure of the construction contractor to carry out this contract or to complete his work within the scheduled time. Designs prepared for alternative methods of treatment or construction to those actually designed. Preparation for and anendance at meetings at request of Owner in excess of the number of meetings in the authorized scope of work. Additional warranties of process performance beyond those explicitly defined under Article VIIl of this Agreement Upon request of Owner, Engineer sball provide such additional warranties in exchange for reasonable compensation mutually neaotiated by Owner and Engineer . m. SCOPE OF OWNER PROVIDED SERVICES Owner airees to provide facilities and equipment and to perform the following services which are descnbed as follows: 1. Designate an Owner representative to provide dilection to Engineer and render Owner decisions in a timely manner. · Aareement Au1111t '22, 1995 Pqe 2 of7 • .. I . • 0 • • • 2. 3. 4. s. • ,,. - 0 • Review prior to distribution and use, all consttuction contracts, bidding documents, engineered plans, specifications, and related documents prepared by Engineer. Review shall be conducted by the City attorneys of the Cities of Englewood and Littleton to ensure legal compliance with applicable codes, regulations, and ordinances. Collect. assemble, and ttansmit wastewater operations and maintenance infonnation including summary reports, data sheets, and planning documents, as requested by Engineer. Conduct investiJations at the Phase IB Project site as requested by Engineer to detennine locauon of underground utilities. Perform laboratory analyses and additional testing as recommended by the Engineer. Attend technical reviews and pro~ect meetings throughout the coursed of the Phase lB Project. as outlined in Exhibits A and B. IV. AUTHORIZATION, PROG~, AND COMPLETION In signing this Agreement, Owner grants Engineer specific authorization to proceed with work specified in Exhibit B. No design work will be undertaken on proposed modifications to the project described in Exhibit A until authori7.ed by the Supervisory Committee for the Owner. For miscellaneous engineering services not covered in Exhibit B, Owner shall authorize Engineer to perfonn such services in writing as an amendment to this Agreement or under a separate Task Order Agreement for Miscellaneous EngineerinJ Services. Such authorization shall include the definition of the work to be done, and the basis for compensation for the work, all as agreed upon by the Owner and Engineer. V. COMPENSATION For the services described in Exhibit B. which are to be performed by the Engineer, Owner apees to pay. and Engineer apees to accept compensation of a lump sum price of $1,181,445 to be paid in equal monthly disbursements over the course of the project. Comeensation for services not covered in Exhibit B shall be as agreed upon by the Owner and Enameer and set forth in an amendment to this Ap'eement or under a separate Task Order Ap'eemenL Payment to Engineer is due u~n presentation of invoice to Owner. Owner and Engineer agree that if payment is not made within 30 days. inierest on the unpaid balance may be accrued at the rate of LO-percent per month. VI. RESPONSIBil.ITY OF BROWN AND CALDWELL Engineer is employed to render a professional service only, and any payments made to Engineer are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the practice of the en1ineering profession to findings, opinions, factual presentations, and provide professional advice and recommendations. In performing construction management services, Engineer shall act as -Bent of the Owner. Engineer's review or supervision of work pre~d or performed by other mdividuals or firms employed by the Owner shall not relieve those mdividuals or firms of complete responsibility for the adequacy of their work. It is understood that any resident engineerin& or inspection provided by En&ineer is for the purpose of determining compliance with the technical provisions of the Phase IB Project specifications and does not constitute any form of 1uarantee or insurance with respect to the . -' Aareement Au1ust "22. 1995 Pqe 3 of 7 .. I . • 0 '32xl - • • • I~ - performance of a conttac10r. Engineer does not assume responsibility for methods or appliances used by a contractor. for the safety of construction wort. or for compliance by contractors with laws and regulations. Owner shall use its best efforts to assure that the consuuction contract requires that the contractor(s) indemnify Engineer and construction manager u well u Owner, and that the contractor(s) name En~ and construction manager u additional insured on contractor's insurance policies covenng Project. VIL INDEMNIFICATION Engineer agrees to indemnify and hold Owner harmless from and against any liability to the extent said liability arises from the intentional or negligent errors or omissions of Engineer, its agents. employees. or representatives, in the pertormance of Engineer's duties under this Agreement En~r warrants it is skilled in the professional desWl services necessary to complete the design of the Phase lB Project Should the Engineer mm an eff'Or or omwion in the execution of these services, and this error or omwion is the sole act of the Engineer, the Engineer will correct the error or omwion. at its or his own expense, to meet the intent of the project design. Unknown or changed site conditions which could not be reasonably anticipated by the Engineer and which result in change orders are normal and routine conditions of construction contracts. Similarly, additional or modified equipment. materials, or labor necessary to complete the construction and not included in the project plans and specifications are not necessarily omissions. Owner accepts the risk of increued construction costs associated with these normal and routine types of change orders. vm. PROCDS PERFORMANCE Engineer warrants the nitrification process, which will be designed by the Engineer, will meet the current effluent limits defined in the Owner's National Pollution Diac1wJe Elimination System (NPDES) Permit When the nitrification process achieves av_eraae monthly effluent ammonia concentrations below the current minimum monthly permit limit of 5.1 ml/I for 60 consecutive days. this warranty oblilalion shall be satisfied. Tbereafler, continued NPD£S permit compliance shall be the responsibillty of the Owner. The Engineer shall be given full comrol of the appropriate plant operations and the Owner shall provide such operations and maintenance Slaff and services u may be required by the ~ during the nitrification process swt-up. The Owner's sllff shall explicitly follow the EnJ,neer's direcnons, relative to operation of the nitrification procea and associated facilities d~ this start up period for this warranty to be valid. In the event of abnormal condidons, the Enaineer shall not be responsible for effluent disc~s of any regulated consdtuent above NPDES discharge pennit limits. Abnormal conditions mclude monthly •veraae intluent ammonia to the nitrification process above 27 mg/I, average daily wutewater Oows above 30 millon gallons per day. unusual chemical constituents in the influent and other conditions which could not reasonably be anticipated by Engineer. • Aareement Aquil "ll. 1995 Pap 4 of7 ..... r'.,r "' .. I . . 0 - • • • 0 • IX. INSURANCE During the life of this Agreement. Engineer shall maintain the following minimum insurance: 1. 2. 3. 4. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad-form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired cars. The combined S1Dgle limit for bodily injury and property damage shall be not less than $1,000,000. Statutory workers' compensation and employer's liability insurance as required by state law. Professional liability insurance. The policy limit shall be not less than $1,000,000. Engineer shall submit to Owner certificates of insurance for the policies listed above. The certificates shall provide that the insurance company give written notice to Owner at least 10 days prior to cancellation of the policy. X. SUBCONTRACTS Engineer is authorized by Owner to subcontract portions of the work including sire survey, geotechnical investigations, architectural services, structural components, cost estimating services and other services related to the Phase lB Project XI. ASSIGNMENT This Agreement is binding on the heirs, successors. and assigns of the parties hereto. This Agreement may not be assigned by Owner or Engineer witbout prior, written consent of the other. XU. INTEGRATION This Agreement represents the entire undersranding of Owner and Engineer as to those matters contained herein. No prior oral or written undersranding shall be of any force or effect with respect to those matters covered herein . This Agreement may not be modified or altered except in writing signed by both parties. XIII. JURISDICTION This Agreement shall be administered and interpreted under the laws of the Swe of Colorado. Jurisdiction of litigation or arbitration arising from tbis Agreement shall be in that state. If any part of this Agreement is found to be in conflict with applicable laws. such pan shall be tnoperative, null, and void insofar as it is in conflict witb said laws, but the iemainder of this Agreement shall be in full force and effect XIV. SUSPENSION OF WORK Owner may suspend, in writing, all or a portion of the work under this A&reement due to unforeseen circumstances beyond Owner's control. Enpneer may request mat the wort be suspended by notifying Owner, in writing, or circumstances lhat are ina:ifeaiJII with the normal progress of work. Engineer may suspend work on Project in the event Owner does not pay .. -• Aal'eement Aqust "l2, 1995 Pqe 5 of 7 ' ,, - I . • 0 '32xl • • • • •. invoices when due. The time for completion of the work shall be extended by lbe number of days work is suspended. H the penod of suspension exceeds 90 days. die terms of this Agreement are subject to renegotiation, and both parties are P.red the option to tenninale wort on the suspended portion of Project in accordance with Article XV. XV. TERMINATION OF WORK Owner may tenninale all or a ponion of lbe wort covaed by this ~t for his convenience. Owner or Engineer may terminate work if the other party fails to perfonn in accordance with the/rovisions of this Agreement by providing 15 days prior, writren notice to the other by certifie mail with receipt for delivery returned to die sender. In the event of tennination, En~ shall deliver to Owner all wort products which have been completed and for which Engineer has received compensation. Engineer shall perf onn such additional work as is necessary for the orderly filing of documents and closing of Project Project closing shall include those activities that are routine and standard procedures, along with other activities mutually agreed by Owner and Engineer. The lime s~t on such additional work shall not exceed 10-percent of the time expended on Project prior to effective dale of termination. Engineer shall be compensared for wort performed prior to the effective dale of termination. J!~ work required for filing and closing as described in this Article. Invoices for such work be documented to reflect actual work performed as agreed by Owner. XVI. PROJECT MANAGEMENT A project director acceptable to lbe Owner shall be assiped by the Engineer to supervise work perfonned under this contracl The approved project director sball be assiped to Enpleer's t>enver Office . Any replacement of the project director during execution of Ibis contract shall be subject to approval by the Owner. In the event Engineer elects to reJ?lace or relocate the project director without prior approval, Owner may exeici.se its preropave to terminate the contract. In this case. Owner shall not be required to pay project closeout com described under Article XV, Tennination of Work. At the time Ibis qreement is execured, Mr. J. Thomas Jacobs shall be the designated project director. XVII. ENGINEER'S WORK PRODUCT En,meer's calculations. drawin,s and technical specifications, and OCber IDlleriaJs prepared by Engineer are inslnunents of professional service and shall be and remain die property of Owner when Engineer has been compensated as set forth herein. F,!necr and ~ recopiJ.e that such instruments of professional service are intended only or die Project coverea by this Agreemenl Reuse of the desip and/or correspondin& documents or ponioas lbereof shall be limited to Owner and no ocber panies. and wbeo reuse is contemplaled. Fnp,ttt shall be relieved of all responsibility, and all title blocks, and references to Enameer all be removed. En~neer may use wort produces from this Project unless specifically probibiled by Owner in wnung. ~Dl Au&ult , 995 Pqe6of7 • .. ., I • • 0 , I • . ,~ • xvm. EFFECTIVE DA TE This agreement shall be effective on and from the day and year fint above written. IN WTINESS WHEREOF, the Fnaineer 111d the Owner do hereby exec:ure Ibis Contract. CITY OF ENGLEWOOD By Tide~~~~~~~~~~ Da~ ~~~~~~~~~~ ATIEST: By Tade Date "' - . ' ·- .. I . . 0 1 32xl • • 0 -' EXHIBIT A PROJECT DESCRIPTION ,~ This exhibit presents a description of the proposed facilities and modifications to existing facilities for improving the Littleton/Englewood Wastewater Treaanent Plant (WWTP). The facility improvements were established in the Long-Range Facilities Plan completed in June 1994. Program development and engineering and detailed design will follow recommendations of this planning report I. FACD..ITIES PLAN MANAGEMENT OBJ~ Overall management objectives intended to guide the Littleton/Englewood WWTP Phase lB Project include the following: Provide wastewater treatment facilities adequate to meet permit requirements and conditions stipulated by the Colorado Department of Public Health and Environment (CDPHE) and the U.S. Environmental Protection Agency in accordance with the law . Promote worker health and safety by providing physical plant and facilities which incorporate adequate ventilation. minimiz.e contact with was1ewarer, provide adequate equipment access, and provide alarm systems for potentially hazardous conditions. Manage odor production and impacts. Meet Phase 18 Project consuuction budget obj8ctives while optimizing maintenance and operating costs over the useful life of plant components . 0. DESCRIPTION OF PHASE lB PROJECT IMPROVEMENTS The Long Range Facilities Plan is divided into three phases with facilities being designed and constructed to meet orderly, economical upgrading and expansion to the Littleton/Englewood WWTP . Capital projects will be staged to meet demands for wastewater service through the ultimate buildout of the plant service area. Phase I facilities, consisting of duee separate construction projects, will accommodate flows through the year 2010. The first of these implementation stages, the Phase IA Project, was completed in December 1992. To accommodate service uea growth, the Owner desires to proceed with design and bidding of a construction contract for the Phase 18 facilities. Treatment plant components included under this phase are described in the followin& paragraphs. Exhibit A Au1uat 22, 1995 Pa&e 1 of 8 ..... - ,,. - • . I· • 0 (r , I ,! '!'I • • • 0 ,~ - Trickllna niter. 1be existing trickling filter and aeration basins act as a coupled process to remove dissolved organic wastes. To take maximum advantage of existing aeiation basin capacity, only one trickling filter was constructed during the Phase lA project. Steadily increasing organic loads require expansion of the coupled process. For projected future loads, an additional trickling filter in combination with the existing solids contact tanks will provide sufficient secondary treatment capacity beyond the year 2010. The Phase lB project provides a new secondary trickling filter, 105-feet in diameter, containing 16-vertical feet of cross-flow plastic media. equipped with hydraulically driven rotary distributors. 1be trickling filter includes a geodesic dome cover and a forced air ventilalion system to contain and treat foul air prior to venting to lllllospbere. The filter saucture consists of a post tensioned concrete tank designed to accommoda&e hydrostatic forces from periodic flooding of the media. A new pump will be inslalled in the existing trickling filter pump swion with the associated motor control center and variable speed drive inslaUed inside the existing headworks building. Final CJarffien. Suspended solids in the secondary process effluent adversely affect the efficiency of the tertiary nitrification process further downstream . To meet low ammonia discharge limits, the secondary clarifiers must produce a consistently high quality effluent with low suspended solids. In-situ settling and flocculation tests conducted at the Littleton/Englewood site have shown that secondary clarifier performance could be significantly improved with a series of hydraulic and mechanical modifications. Each of the five existing secondary clarifiers will be modified to improve hydraulic distribution and flocculation of mixed liquor suspended solids. Modifications of the existing effluent launders and overflow weir improvements will minirniu: siphoning of sealed suspended solids into the secondary effluent Clarifier inlet pons will be baffled to rninirniu: hydraulic shon-circuiting through the flocculation woe. New, larJer flocculation wells will replace existing units, increase hydraulic detention time, and improve flocculation and settling performance. Nltrlfytnc Trlddlnc FUter. The 2 nitrifying trickling filters (Nl'F) Construcled during the Phase lA project provide ammonia removal for the entire plant flow. The NTFs also serve as biological odor scrubbers, IJ'eating foul air exhausted from other process areu. Because of robust service area growth. a third NTF will need to be consttucted as pan of the Phase lB project. The additional NTF unit will be similar to the existing units. comprised of a concrete tank, 105-feet in diameter, containing 24 vertical feet of plastic cross-flow media, and equipped with a hydraulically driven rotary distributor. The NTF tank shall be post-tensioned to permit periodic flooding of the structure. A new pump will be installed in the existing NTF pumping station, and the associated motor control center and variable-speed drive will be located inside the existing NTF service building . Modifications to the existing HV AC sysrern serving the NTF building will be designed to accommodate cooling loads imposed by the new pumping equipment motor and variable-speed drive. A new automatic secondary effluent compolile sampler will be installed inside the existing NTF service building . •• ...... Exhibit A August 22, 1995 PIie 2 of 8 •. I . • 0 I I l ;.i' - • • • 0 I • • '· The NTF tank will be covered with a geodesic dome and be continuously ventilated with a forced air ventilation system. Exhaust air from the dewatering building will be used to supply ventilation air to the biological nitrification process, simultaneously tteating odors from the sludge dewatering operation. An existing geodesic dome cover from the cerura&e sronge lank will be reused on the new NTF as pan of ventilation and odor control improvements. The uncovered centrate lank will continue to operate as a hydraulic surge relief tank during routine flood and drain cydes of the NTF tanks. An existing aeration basin and unused sludge pumping station located adjacent to the new dewatering building will be reused to provide centrare storage and improve. control of recycle loads to the plant liquid saream. Anaerollic Dlpsten. The existing anaerobic digestion process is comprised of 4 unmixed digesters. Two digesters are configured as primary digesiers and are piped to allow beating of raw sludge as it enters the system. The other 2 digesters, as presendy imlalled, serve as unheated secondary digesters for sludge and gas storage . Virtually all volatile solids destruction and gas production occurs in the 2 primary digesters. One of the second stage digesters is used for digested sludge storage and the other is presendy out-of-service because of a damaged cover. The existing anaerobic digesters have 3 different types of covers, including fixed. floating, and gas-holder designs. One of the secondary digesters has a floating gas-bolder cover, which has damaged or significandy worn guide-rails and positioning rollers. Anocber di,esrer with a gas-holder cover is being converted into a fixed cover. As pan of the Phase 18 project, both of these covers will be modified to allow the internal water surface to rise up to the top of the concrete tank walls near the apex of the dome cover. This approach minimiz.es the flee-water surface available for foam accumulation, and increases digester volume by raisinJ the effective height of the tank. The existing conventional fixed cover will be modified to operale similarly to the convened gas-holder covers. These 3 digesters with fixed covers will operate at a constant water surface elevation . As raw sludge is pumped into these cfi&eSlers, Slabilized sludge will overflow to a the existing fourth digester with a floating cover. This unit will be maintained in its present condition. serving as a second stage blending and storage tank to accommodale Ouctualions in sludge production and dewatering rates. A new sludge mixing system will be designed in the Phase 18 project for all 4 of the existing digesters . Continuous mixing enhances biolopcal reaction rates by rapidly delivering raw feed sludge to the active biomass and dispersing metabolic end products and toxic a1ents which inhibit microbial activity. Hydraulic and gas digester mixing alternatives will be evaluated to select the most cost-effective mixin& system. The selected system will be desiped to increase mixing efficiency in each of the 4 existin& digesters. To maximize the metabolic rare of the anaerobic di&estion process which stabilizes wastewater sludges. raw sludge must be heated in the raw slud&e beat exchangers from ambient temperatures to approximately 98 de,rees Fahrenheit Heat excban1ers provide beat for the raw sludge to make up for thermal losses from the digester and slud&e-cin:ulation pipin&. The existing digester heating system has sufficient capacity to beat all 4 existin& di&eSlers, but is cunendy Exhibit A Auauat 22, 1995 Pa,e 3 of8 ,,, - • ., I· • 0 • • 0 I• • configured to provide heat only to the 2 primary digesters. To optimiz.e use of the existing secondary digesters, the digester gallery piping will be reconfigured to provide sludge beating for all 4 tanks using the 2 existing digester heat exchangers. Existing motor control centers located in die digester gallery sball be removed and reinslalled in the existing dewatering building to achieve compliance with die National Elecuical Code (NEC) and NFP A 820 requirements for wurewarer b'elllllellt plants. New motor control centers required for new digester mixing equipment shall be localed on a common power bus adjacent to the relocated MCC equipment Existina electtical conduits, wiring, junction boxes, motors, control panels, lighting, and appunenanca shall be upgraded to meet NEC requirements for Class l, Division 2 classification of die dipaa pllery. Elecuical conduit and conductor from die MCC equipment in the existing dewalering building to die digester complex shall be routed through the existing utility tunnel sysrem. Two 460-kW capacity, engine-driven ,eneraaon currendy bum digester ps to produce electricity. Normally, only one genenior is operated at any given lime. The second unit provides backup capacity to meet die plant's cOlllrlClual obligation to provide uninterruptable power to the public utility. To reduce total electrical power costs, replace aging equipment. and improve overall system reliability, direct sales of power to die electrical utility will be terminated when the current long-term contract expires in 1997. The existing ,enerators localed in the digester gallery will then be decommissioned. New dipta-gu powered engine-driven pumps or blowers will be installed to bum the digester gas. Excess digester gas will be used for digester boiler heating fuel or disposal through the existing waste ps Oare system. Dewatert .. Bmkl... LiUleton/Englewood WW1P cunendy uses 2 scroll centrifuges to produce cake solids for hauling to agricultural land application sites. Two additional units formerly used for waste secondary sludge tbickenin& are cunendy idle. To provide adequare standby capacity. one idle thickening centrifuge will be converted to dewarering service for die Phase 18 project The existing dewarering building, which was oriplal)y built as a vacuum filter facility in 1977 and later convened to a centrifuge buildin&, bas many inherent limitations which preclude expansion within the existin& Sll'UCture. Therefore, a new buildin& designed for efficient dewatering, shon-term sludge storage, and truck loadin& will be constructed durin& die Phase 18 expansion. The existing centrifuge equipment will be reinstalled in the new building. The new dewatering building will accommodale 4 exislinJ scroll cenlrifuses. existing polymer mixing and feed equipment, new dewarered sludge conveyance and storaae equipment, and truck loading facilities capable of filling 2 tractor-trailer units simultaneously. The buildin& will be a 2-level structure with spread fooling foundations. The building will include storage space for future built chemical storage and uansfer equipment to increase on-site storage capacity of disinfection chemicals. The :,Uilding will provide space for a local control center to monitor dewatering and truck loading operations. Exhibit A AuJUll 22, 1995 Pqe 4 of8 " - --.--r"""'--· \ I .. '"' • • ..... ,~,· •. I . . 0 '32xl • • • 0 I• • Architecturally, the new dewatering building will complement surrounding buildings and landscape elements, while providing a functionally efficient dewatering operation. The building will be equipped with a high rate ventilalion syslem to purge foul air from slud&e storage and loading facilities. Foul air will be exhausled to new NTF number 3 which will provide biological treatment of odorous contaminants prior to Ideue to die aanospbere. The existing dewatering building will be c:on~ imo a new w~house and garage to house maintenance materials and mobile equipment amder a subsequent project. Put of die existing building will be used in the Phase 18 project to bouse new motor conttol centers and electrical equipment serving the adjacent digesla compleL The existing Littleton/Englewood plant does not bave on-site facilities for sbon-tam sludge storage. Currently, as dewatered slud&e is dilcbarged from the existing centrifuges it is conveyed directly into a sludge trailer. This loading operalion is limited by the dewatering rate of the centrifuge equipment, requiring approlWDalely 3 to 4 hours per truck. Two new dewatered sludge hoppers will be constructed during Phase 18 as an integral component of the new dewatering building. Dewatered sludge storage boppers will enable trucks to be loaded independently of the centrifuge dewatering schedule, allowing up to 2 trucks to haul 2 loads per day. Odor Control lmprovemenll. Several minor but persislent odor conttol problems have been targeted for correction under the Phase 18 project. The two inverted siphons under Little Dry Creek will be equipped with a new foul air treaanent system. Approximately 4,000 cubic feet per minute will be treated with a relatively small bulk media biological filter or activated carbon filter located adjacent to the headbox. Odors from the septage receiving Slation will be e!imimted by containina die septage and pumping it directly to the existing dissolved air Oocation duckening (DAFT) system. Septage odors will be captured in the existing DAFI' veneilation system followed by biological odor scrubbing in the NTF process. The influent wastewater flumes and die existing grit basins adjacent to the beadworts building will both be enclosed with new Oat covers. Fresh air shall be provided to purge both enclosures. Exhaust foul air will flow through the existing headworts building ventilation system to the existing chemical odor scrubber system. The foul air exhaust ductwork from the existing headworks building shall be modified to provide venlilation air to Trictling Filter 2 . New ductwork shall be designed to convey tricklin& filter exhaust air to a new chemical odor scrubber or through the existing scrubber units. Air disUibution throughout the beadworks building shall be modified to exhaust a total foul air volume (including influent flume and grit basin foul air) to the existing chemical odor scrubber system approximately equal to current loads. The existing electrical equipment Room 1600 shall be modified to accommodate new motor control centers and variable speed drives servin& the irickling filler pumpina station and chemical odor scrubber system. The existina air conditioner supplyina elec1rical equipment . ... • Exhibit A Aupst 22, 1995 Paae 5 of 8 ' ,. - •. .. I . • 0 • • • • 0 • Room 1600 will be replaced with a larger unit IO accommodate additional healing loads from new motor control centers, variable speed drives, and future engine driven influent pumps. 1be existing headworts building air conditioner shall be reinstalled in the primary sludge pumping station as described below. 1be existing chemical building sttucture shall be expanded to accommodate additional chemical storage and new odor scrubber suppon equipment including chemical pumps. compressors. and instrumentation and control panels. A new aulOmatic composite sampler shall be installed inside the chemical building to collect trickling filter effluent samples. 1be existing chemical building ventilation system shall be upgraded to provide adequate air supply and distribution through the expanded building. Primary Sludge Pumplns Stadon. A new electrical equipment room sball be designed to enclose existing motor control centers and inslrumentation panels localed in the primary sludge pumping station. Using an existing air conditioner locarcd in the beadworts building, the ventilation system shall be modified to provide filtered and tempered flesh air to the new room to protect existing electrical equipment from hydrogen sulfide corrosion and beat buildup. A new roof mounted air handling unit shall be designed to replace obsolete existing equipmenL Power Distribution System Improvements. 1be plant power distribution system is currently configured as an expanded primary radial distribution system. This system consists of a single primary utility service with primary voltage distribution feeders emanating from the service drop location to voltage transformers at the various facility load centers. 1be electrical service is further distributed at the utililJltion voltage from the secondary of the voltage transformers to switch gear. motor coottol centers. and power panelboards. 1be expanded primary radial distribution system is subject to exaended. widespread outages resulting from primary power equipment failure. Public Service Company currently provides primary utility service from two independent substations. The two utility service feeders are routed through an automatic duowover device at the south end of the plant to a single ovalleld service drop. At this point. the distribution system is vulnerable to widespread outage. Failure of the duowover equipment, the overhead service drop to the primary switch gear. or lbe primary switch gear itself, would result in a complete plant power outage of indeterminable duration. To improve overall reliability. the power distribution system will be upp-aded to a primary selective system with 2 independent power sources. 1be primary selective radial distribution configuration requires a separate utility service and primary switch sear located on the east side of the plant. New primary feeders will be installed from the new primary switch gear to each of the facility load centers through the existing ductbanks. Feeders from the existing south-side primary switch gear will remain in service to provide two sources of primary power at each load center. Existing primary and secondary switching at each load center will provide for manual selection of the primary power source. If either power source is disrupfed. plant staff can manually switch to the altenwe source. •• Exhibit A Aupt 22. 1995 Pqe 6 ofl ...... "' - •. I· • , • • • • • t• • III. ENGINEERING STAGES In order to efficiently accomplish the Slaled project objectives, engineering services have been divided into five separare saages. These engineering stages include: ~ Qescription I Program Development 2 Engineering Design Services 3 Bid Period Services 4 Construction Phase Services S Stan-Up and Operator Training Assistance Siages I through 3 are included under this AgreemenL Stages 4 and S may be added by written amendment authorized by the Owner. A general description of the wOlt to be performed under each of the three siages included in this Agreement is provided below. Siage I -Program Development This slage includes coordination with regulatory and funding agencies required to obtain authoriution to construct the Phase 18 Project facilities. Activities include oblainin& approval of the Facilities Plan under Section 201 of the Clean Waser Act, obtaining approval of a Site Application, and development of studies, site investiplions. and permits required for lbe design and construction process. Stage 2 -Engineering Design Services Design services include preparation of enpneaed plans. tecbnical specificalioas. and consuuction contract documents. Design services in each of the major engineering disciplines including hydraulics. suucwral, mechanical. heatin& and velllilarioo. eJecuical. process . instrumeniation, and process control areas will be provided. Architectural design ICIVices will also be included as part of detailed design . Sttuctural work will include design for foundalions, buildings. process SlrUClUres, supports. and modification to existing structures. Arcbitecwral services consist of space planning, preparation of building plans and elevations, and hardware, cuewort. and finish schedules. Mechanical design will include the preparation of equipment. schedules, and coottol data sheets, and design and layout of mechanical systems, includina process pipiq and modifications to existing process equipment and piping. Heating and ~on S)'lfem design will provide air flow schematics, temperature control diqrams, equipment data sheets, and equipment and ductwork layouts. .. -• Exhibit A Aqust 22. 1995 Pl&e 7 of8 ..... ,, _ •. I . • 0 - • ,. • • The elecaical design includes aaalylis of power alilily aemce. deterniretioa of power requurmeats. design of eleclrical dilllibulioll ayaem illciucing oae-tiae .,.,,._, .,. control cenliel'S, li&btiaa and cin:uit diaplms. lDd eleClric mouxs and awilcll&ar- lnslrumenlllion and COllll'Ol sy11em WOik iadades ...,...._ of proce11 11111 imU+w,aePWioo diap'ams (Pclll>s), COllll'OI clilplms. 11111 daip of COIDmtPIN --11111 COlllpllail.ed CODIIOI 1J11ie1DS. The compueer .,_ will be a Plopmamable . Lope COIIIIOller (PLC) type a,-m designed IO lllOllitor by proce111Dd equipment W. Slage 3 • Bid Period Sem:a Services under dlis ... iDclade prillliDa of project COllllaCt doc+neaa, l!llilCW'e ta Owner to adwnile lbe COlllli'ilClioD pn,ject. dilli:ihM COllllaCt doc+mem to pu>1pec:li1e bidders. prebid confermce. p.qiaatioa of COllllaCt addenda eeillllK'e dariq dae bid opeaia&. bid evelualion. preparalion of. DOlice of award. ........... of bid. boada, end recommendations to lbe Owner for coanct award. Eallillil A A..-22.19'5 Paeelofl ~ . .. I. . 0 f 32xl • • • EXHIBITB SCOPE OF PLANNED ENGINEERING SERVICES The scope of work for lbe Phase 18 project is hued on ,ea:mmeadllioas of lbe Lona-Ranae Facilities Plan. Phase 18 and Beyond. dared June 1994. h includes cmnprellemM eqiDeering services for project design. bidding, COOlr'ICl award assisaaoc-and c:oordiulion wilb replalory and funding a,encies for lbe facilities described in Exbibil A of dais Ap,ement. SCllae l • Precnm Dev-,B 1Bt Engineer shall Jnpare repons and obtain mandatory permits and approvals required by stare and local regulatory. planning, and funding agencies. 1bis stage includes a geocecbnical investigation and site survey to obtain information needed for subsequent design activities. Odler support functions include assistance for an independent Value f.agineering lllldy, construction cost estimating. and project administralion. Specific Stage 1 tasks to be performed by Brown and Caldwell include the following: Ta 101 Coordination wllb Replldory _. hadlllc Apndes. Engineer will prepare documentation required for review by regulatory and funding agencies. · Activities to be perf onned under this task include: a. Prepare a draft Finding of No Significant Impact (FONSO to assist Colorado Department of Public Health and Environment (CDPHE) in expediting lbe project review and approval process. b . Assist plant staff in lbe preparalion of a Site Application for lbe lrealmellt plant expansion and respond to review commenlS and questions from Arapahoe County. Denver Regional Council of Governments, Tri-County Health Depu1ment, and CDPHE. c. Coordination with Englewood Fire Depanment to develop buildina oc:cupancy classifications, site access for emerpncy ¥Chicles. and iDlerpfflalion of national and local fire code requirements. d. Submit project plans and specifications ., lbe Eqlewood Building Depanment and respond to review comments. Upon acceplallCC of lbe reviewed contract documents, issue two sets of final plans and specifications with seal and signalure of a registered Professional Enpneer or repsraed Profeasioaal Arcbitect to lbe Building Depanment. EuibilB Allpll 22, 1995 Pqe I of 11 ..... r\,I ,., I. • 0 '32xl • • • - .. e. Submit the Long-Rann fqcilitiq Plan, Plw, 1B n Bam,d to CDPHE for review and approval under Section 201 of die Clean WIiier Act u an upclale liO die existing flCililies plan. Upon accepcance of die Plan by <DPHE. conduct a public meeting to present die key fealllrCS of die Plan and solicit commems from local citizens. Prepare a leaer to CDPHE describiq raabs of die public mee1in& and actions taken to rapond to cilizen 's coacans. Aay ec:anomic, praeat wordl, or life-cycJe cost analyses required by CDPHE u a CODdilion of approval for die facilities plan update are excluded from dlis ICOpC of wOlk and will be performed as additional services by conm ammdmenl T• 112 Value E ........... s.,,a.,t. &peer lllall provide leelmicll suppon and c:oordiDalioo for a value engineering (VE) IIUdy CCIDIIHC1ed by .. ir+pe,.4all tbinl party and funded sepamely by the Owner. Brown and Caldwell sball provide die foUowiq aemces: a. Prepare a scope of wOlk for ase by Owner to n,qaest proposals for an independent VE study. b. Assemble and print 15 copies of review muerials includin& project a:beclule, draft National Pollution Discblrge Eliroioaoon Sysaem (NPDES) permit. plant monitoring data, FONSI. key correspondence documenting design development. solids mass balance calculalions, control descriptions, COIISll'UClion cost data, equipment manufacturer's cost quotalions, tecbnical specificalioas. and engineered drawings developed to date. c. Present an oral summary of project development and key design decisions to die independent VE team. d. Conduct a plant tour for die independent VE team to ~ specific objectives of the Phase 1 B project e . Au.end up co 3 coordination .neerinp between VE aeam. Oner, aad desip team. f . Provide technical support co die VE lellll duliDg die worbbop. Saclt support may include additional project doallDCDlatioa. oral clarificalioD. or elabonllioa oa die basis of design . g. Evaluate design cost impact. scbeclule impact. fuactioaalily, and operalioaal reliability of VE team recommendalions h. Review draft VE report and p,epare written responses to VE lellll recommendations for incorporation inco die final VE report. .. Euibit B Aualllt 22. 1995 Plaelofll ...... .. I . . 0 1 32 x l • • • • 0 - Task 103 Stormwater Dral-ce Sludy. Site drainage plans will be developed to delineate off-site drainage impacting the plant site and to show the magnitude and discharge points of peak stormwater flows originating within the plant site under both 10-~ and 100-year storm frequencies. A formal drainage repon will present the impact of stormwater Oows, capacity of existing drainage facilities, on-site detention potential, sronnwater pollution sources. and recommended improvements, to comply with Urban Drainage and Rood Conuol Disll'ict and City of Englewood drainage standards. Activities to be conducted under Ibis task include: a. Review City of Englewood drainage standards and documenWion requirements for site drainage plans. ADeDd up to 3 meetings with Building Department to determine review ailleria and present the conclusions and recommendations of the drainage report. Respond to review comments in the form of a brief leuer to be inserted as an appendix to the drainage report. b. Define off-site drainage impacting the site and on-site drainage parameters including basin areas, runoff coefficients. and storm runoff peaks. Using topographic data from the existing plant paving and grading plans, develop a site drainage plan indicating extent of drainage basins and subbasins, capacity of existing perimeter drainage channels, magnitude of stormwater Oow, and discharge points. c. Compare peak runoff flows with the capacity of existing storm runoff inlet structures, conveyance channels, pipelines, overland flow palbs. and outfalls. Evaluate potential for local site flooding during a 100-year storm event. and recommend improvements to modify site grading. piping. and outfall sttuetures, to eliminate local flooding . Identify sources of pollutants to the stonnwater discharge, potential impacts on the receiving stream. and evaluate mitigation opportunities. d. Assemble site drainage plan. evaluations of pollution sources. drainage capacity assessment, on-site detention potential, recommended improvements. supporting engineering calculations, and references into a bound technical report. Provide 3 original copies of the drainage report with half.size 11-by 17-inch dninaae plan to the Englewood Building Depanment for review and approval. Tlllk 104 Stormwater Cwtl ilCtlcia Penall. Prepare a Colorado General Pamit Notice of Intent (NOi) and submit to CDPHE for review and approval. ~ a stormwaaer management plan (SWMP) to prevent contamination of surface waaers by erosion, aediment, or other pollutants during project consuuction. The SWMP sball provide a narnli~ delcription of drainage area affected by construction activities, surface Wala bodies, sipificaot marerials exposed to stonnwater, method of on-site storage or disposal, materials loading and access areas. location and description of existing sttuctura1 and non-structural control measures to reduce pollutants. The plan will include pollution risk identification and assessment. preventive maintenance procedures. and proposed best management practices during construction. •• Exhibit B Auaust 22. l 995 Pqe 3 of 11 " - .. I . • 0 .• \ I . I l,: • • 0 - - Ta 105 Geotechnlcal Inns11pdon. Exploratory borings shall be drilled at the localion of each major new structure to be constructed under the Phase 18 project. Subsurface samples shall be collected at 5-foot intervals and at changes in soil type over the boring profile. Groundwater levels will be recorded during drilling and 24 hours after drilling. Representative soil samples shall be tested to classify each nwerial encountered and identify SbUCtUlal and engineering properties. Laboratory resting shall include moisture conrent, sieve analysis, dry unit weight, Atterberg limits and unconfined compressive strength. Engineer shall prepare a formal geotecbnical report including descripcion of drilling, logging, and sampling activities, laboratory leSting program, site plan showing loc:alion of exis1ing facilities and boring locations, and logs of exploration borings. The report will include a discussion of subsurface conditions, recommended soil bearing capacities, lll1icipa&ed total and differential settlement. lateral soil loads, groundwller permeability and dewatering requirements, and use of on-site soils for various fill conditions. The report will also recommend foundation systems for each strueture with an explanation of the advantages of the selected system. Ta 106 Site Survey. A site survey will be conducted at the plant site to determine locations of existing facilities and establish benchmarks for use during construction. 1be existing plant coordinate system locating all major facilities will be extended to new structures. Base map drawings, prepared under this task, will be used during the preparation of final design plans. Exploratory borings drilled under Task 105 will be located with coordinates and surface elevation shown on the site base map. Ta 107 Enpneer's Opinion ol Cost. An independent preliminary cost estimate shall be prepared prior to the 20-percent design completion level to verify that budgeted funding is adequate for construction of planned Phase 18 improvements. A detailed construction cost estimate will be prepared based on 90-percent design completion level documents. This cost estimate shall include a summary of costs for each of tbe major J>R>CCSS divisions or project elements. The summary categories shall be subdivided into smaller elements sufficient to provide a reasonable estimate of project cost under competitive bidding conditions. The eslimate sball represent probable construction cost for the project bued on published, bistorical cost data. The estimate shall not be construed as a guarantee that actual coostruction conll'ICt price will be below the estimated amounL References for the cost dara sources used to prepare the estimate shall be included. Ta 108 Draft Operations Md Mlliat nee Maaal. This task includes the preparation of a customized O&M Manual specific to the Phase 18 facilities. The format of the O&M manual will comply with the requirements of the U.S. EPA publication, "Considerations for Preparation of Operation and Maintenance Manuals," 40 CFR 35.935-12 of the Federal Register. Prior to 90-percent completion of design services, a draft O&M manual will be prepared and presented to the Owner for review. Following timely review by the Owner, the draft O&M manual will be revised as appropriate and resubmitted to the Owner. Three copies will be provided to the Owner. Two additional copies shall be submitted to CDPHE for review and approval . • - Exhibit B Aupt 22. 1995 Paae 4 of 11 •. ., I . 0 • • • • 0 /~ • Design services will include preparation of engineered plans. technical specifications. and contract documents for the Phase 18 project elements defined in the Project Description of Exhibit A. Design services include work in the major architectural and engineering disciplines required to provide complete and functional s)'SlelDS and facilities for each of the project elements defined in this scope of work. Engineered sysaems designed under this stage of the work include sirework; hydraulics; architectural elements; structures; treaanent system p~; mechanical systems; beating. ventilation. and cooling s)'SlelDS; electrical system; insbumentation; and process conttols. Specific services include space planning for buildings and sttuctures. development of horizontal and vertical survey conttols. drainage and grading. development of design criteria. performance of engineering analysis and design calculations, sizing and layout of equipment. piping. and construction details at an appropriate scale to clearly communicale contract requirements, coordination of engineering systems to minimi7.e potential conflicts during consuuction and verification of compliance with applicable national and local building codes. Specific design tasks to be performed by the Engineer include the following: Task 201 Project Maa&emenL Develop and mainrain project schedule, assign and supervise project staff, monitor work budgets, provide general contract administration, and prepare monthly invoices . Administration of subconsultant wort. guidance of technical direction, project planning, and coordination of quality assurance activities are also included in this task. This task includes project management services during Stage l Program Development, Stage 2 Engineering Design Services and Stage 3 Bid Period Services. Engineer shall provide a monthly swus report to Owner briefly summarizing progress during the previous month, budget swus and schedule swus. The swus report would also identify proposed modifications to the project scope, alon& wilb the desipl and consuuction cost impact of the proposed modifications. No clesip wom will be undertaken on proposed modifications until authorized by the Supervisory Committee. Key issues reqlJirina Owner action or direction would also be included in the monlbly SlatuS report. The Engineer shall produce and transmit six copies of a Basis of Desipl Report lO the Owner at the tbiny percent completion s&age of the desip documents . The Basis of Desip Repon shall include a clear definition of the project elements alon& wilb their associafed construction costs. The Basis of Design Report sball also include a prioritized list of the project elements that could be used to adjust the scope of the facilities lbat the Owner may ultinwely construct as pan of the Phase l B Project to meet project budget objectives. Task 202 Project Documenladon. The Engineer shall mainrain a comprehensive project notebook. All final design calculations, process conttol descriplions. technical memoranda. and significant project correspondence shall be routinely incorporared into the DOleboot. Copies of the updated notebook shall be available to Owner for review durin& project development. Upon completion of project plans and specifications, 3 final copies of the project desipl DOleboots shall be submitted to the Owner for future reference. . .... • Exhibit B Aqust 22. 1995 Pqe 5 of 11 ...... "' - •. I . • 0 \ I I ,'"I" '! i • • 0 • The Engineer shall prepare a Basis of Design repon SUlllJIWizing the design concepts developed for each major process of the project. The report shall include ID introduction describing the intent and purpose of the system, applicable codes, SWldards and references. basic design objectives and assumptions, description of major equipment. operaliDg sttategies for normal and emergency conditions, conttols, and safety feaaures. 1be draft Buis of Desip repon shall be completed and submitted for review by Owner prior to 30-pen:ent completion of the project Owner review comments shall be incorporated into the final Buis of Design report Engineer shall prepare memorandum to die Owner describing the disposition of all review comments and rationale for the final design aec:ommendations. Ta 283 Pr+www Me:tlap-Coordination and project development meetings will be held between Engineer and Owner duougbout the course of the Project 1bis task includes preparation for and attendance at meetings planned to occur generally twice per month. The number of auendees and frequency of meetings will vary depending on SlatuS of the Project Engineer shall prepare and disuibute written progress meeting summaries to all anendees and the project notebooks described under Task 202 . Ta 284 Quality Aaannce. Senior technical advisors will provide periodic assistance and review during development of process diagrams, conttol descriptions. and detailed engineered drawing and specifications. General conformance to industry standards, good engineering practice , and proper application of technology will be ~ throughout project development Technical memoranda will be prepared summarizing results of milestone reviews and key project decisions. A coordination check of the Phase IB Project conttact documents will be performed at the 90-percent design completion level. Work depicted in the documents for various design disciplines will be reviewed to ensure that the plans and specifications are clear, consislent. and consttuctible . Design conflicts will be identified and comcted. Simubaneously with the coordination check. 3 copies of the drawings shall be provided to the Owner for review. The design will be finalized based on the coordination cbedt and 90-percent desip review comments from the Owner. Ta 205 Sile Wort. Preliminary locations of various plant components identified in the Long-Range Facilities Plan shall be evaluated under Ibis task. Process and support facility siting will be planned based on floor space requirements, functional relalionsbip to ocher facilities. future expansion space requirements. consttuction sequencin&, and the consnints imposed by existing structures. Fmal locations of all Phase 18 project elemenlS shall be determined under this task. Hydraulic profiles, yard piping, paving. &fadin&, drainqe and qation plan drawings will be prepared under this task. Plan and profile drawinp showing major yard piping in relalion to ductbanks, utilities, and structures will be included. Ta 206 Headworu. The existing beadworts buildin& ventilation system shall be modified to accommodate foul air from covered influent Ownes and grit basins modified under Task 209 . Air distribution tbrou&bout the beadworts buildin& shall be modified ID ell.baust a tocal foul air volume (including influent Dume and grit basin foul air) to the elUlliq cbemicaJ odor scrubber system approximately equal to current loads. The ell.istin& eleclrical equipment Room -• Exhibit B AuJUSl 22, 1995 Pqe 6 of 11 ,. - •. I . • 0 • • 0 , • • 1600 shall be modified to accommodate new motor control cenrers and variable speed drives serving the trickling filter pumping station and chemical odor scrubber system. The existing air conditioner supplying electrical equipment Room 1600 will be replaced wilh a larger unit to accommodate additional heating loads from new motor control cenlerS, variable speed drives, and engine driven influent pumps. The existing beadworts building air conditioner shall be reinstalled in the primary sludge pumping SWion as described under Task 207. One influent pump with a direct-coupled gas-powered en,me sball be designed for installation wilhin the existing beadwortcs sttucture. 1be engine sball be configured to bum digester gas as its primary fuel source wilh the capability to switch over to a naaural ps source for emergency operation. 1be engine and pump system design shall be fully integrated wilh the existing raw sewage pump conuol system to allow variable speed operation in response to changing wet well level. The gas driven engine and pump sball be sized to march the maximum projected digester gas production by the ye,, 2005. For initial operation, the engine and pump will be designed to operate al reduced speed proportional to the gas production rate or to run al full speed augmented wilh a natural gas fuel supply . The existing septage receiving facility will be modified by adding two sepcage holding tanks adjacent to the existing influent sewer interceptors. Each tank will be designed wilh vertical column, solids handling type pumps to discbar&e accumulated sepcage to the existing dissolved air flotation thickening system. 1be septage pumps will be designed to cycle on and off automatically or be manually actualed. The design will include provisions to continuously dilute the septage tanks wilh raw sewage overflow from the influent sewer system or recycled plant effluenL The septage tanks will be ventilated wilh forced air and exhaust through the influent flumes to the existing chemical scrubber system . Task '1IY7 Primary Slud&e Pumpblc SCalion. A new electrical equipment room shall be designed to enclose existing motor control centers and insuumentalion panels localed in the primary sludge pumping station. Using an existing air conditioner localed in the beadworts building. the ventilation system shall be modified to provide filtaed and lelllpCJ'Cd fresh air to tbe new room to protect existing electrical equipment from hydrogen sulfide corrosion and beat buildup . A new roof mounted air handling unit sball be designed to replace obsolete existing equipmenL Task 288 Secondary Trlddl• FDter. One new secondary aicklina filter, 105-feet in diameier, containing 16-vertical feet of cross-flow plastic media, and equipped wilh hydraulically driven rotary distributors shall be designed. The trickling tilter design sball include a geodesic dome cover and a forced air ventilation system. The filter SIIUCIUl'e sball be post rensioned concrete designed to accommodate hydrostatic forces from periodic f1oodina of tbe media. A new pump shall be installed in tbe existing trickling filter pump Slalion and the associared motor control cenier installed inside the existing beadwortcs building . Task 219 Odor Coatrol lmprovelllem. 1be foul air exhaust ductwort from tbe existing beadworts building shall be modified to provide ventilalioo air to Trickling Filter 2. New ductwork shall be designed to convey trickling filter exhaust air ID a new chemical odor saubber or lbrough the existing scrubber units. 1be exislina chemical buildina saucture shall be • Exhibit B Aupst 22. 1995 Pa,e 7 of 11 •. I . • 0 • • 0 I• • expanded to accommodale additional chemical storage and new odor scrubber support equipment including chemical pumps, compressors, and instrumentation and conttol panels. A new automatic composite sampler shall be insralled inside the cbemical building to collect ttictling filter effluent samples. 1be existing chemical building ventilation 5ys1em shall be upgraded to provide adequate air supply and distribution through the expanded building. New Oat covers shall be designed to enclose existing grit and basins and influent flumes. Fresh air shall be provided to purge both enclosures. exhaust foul air will flow through the existing beadworts building ventilation system to the existing chemical odor scrubber system. In addition a new aclivared carbon or bulk media biological air filter shall be designed to 11ea1 exhaust foul air from the Little Dry Creek siphon beadbox structure. Ta 210 Secoadllry ClarUlers. Each of the five existing secondary clarifiers shall be modified to improve hydraulic distribution and flocculation of mixed liquor suspended solids. Existing effluent launders and overflow weir improvements shall be designed to ~ siphoning of settled suspended solids into the secondary effluent Clarifier inlet ports shall be modified or baffled to minimize hydraulic shon<ircuiting through the flocculation mne. New, larger flocculation wells shall be designed to replace existing units and increase hydraulic detention time. Ta 211 Nibil'ylns Trimllnc Fiber. One new Nlr, 105-feet in diameter, containing 24 venical feet of plastic ~-flow media. and equipped with a hydraulically driven rotary distributor, shall be designed under this task. The NTF Wik shall be post-tensioned to permit periodic flooding of the structure. The N1r design shall include a geodesic dome cover and a forced air ventilation syS1em. A new pump shall be installed in the existing N1r pumping station, and the mocor control center and variable-speed drive sball be localed inside the existing N1r service building. Modifications to the emling HV AC syaem serving the N1r building sball be desiped under this task to acconunocllle cooliq loads imposed by the new pumping equipment motor and variable-speed drive . A new autamlbC secooda,y effluent composite sampler shall be installed inside the exisling N1r service buiJdm&. Task 212 Anaerollic DI& akn. SlrUCblrll modifications shall be desiped to cooven 3 existing digester covers to submerged. fixed covers as des:ribed in the Project Delcriplion of Exhibit A. Suuctural analysis shall be performed to verify tbal the emliq di,eaer Wits, covers, and foundations are adequate to suppon increased loads imposed by the modified covers. New structural supports. inlemal digester columns. cover framing modifications, cover sealing sysaem, and ballast system shall be designed under this task. Hydraulic and gas digester mwng alternatives identified in the Long-Range Facilities Plan shall be evaluated to select a cost~ffective mwng system. The selected System tball be designed to increase mwng efficiency in each of the 4 existing digesla'S. u ~nded by the Warer Environment Federation Manual of Practice 11. In conjunction with mixing ,yam improvements. digester gallery piping sball be reconfigured to provide llud&e bealin& for all 4 digester tanks using the 2 existing digester beat exchangers. -• Euibit B Aqust 22. 1995 Paae 8 of 11 ...... I· • 0 • • • 0 •• • Modifications to decommission and remove 2 existing engine-generuor systems and associated electrical equipment located in the digester gallery shall be designed. Generalor power feed into the public power utility grid shall be terminated and removed. 1be digester gas management system shall be modified to use all digester gas for engine driven influent pumps designed under Task 206, digester boiler beating fuel, or disposal through the existing waste gas flare system. Existing motor conttol centers located in the digester gallery shall be removed and reinslalled in the existing dewaiering building to achieve compliance with the National Electrical Code (NEC) and NFP A 820 requirements for wastewaier trealment plants. New motor conttol centers required for new digester mixing equipment shall be located on a common power bus adjacent to the relocated MCC equipmenL Existing electrical conduits, wiring, junction boxes, motors, conttol panels. lighting, and appurtenances sball be upgraded to meet NEC requirements for Class l, Division 2 classification of the digester gallery. Electrical conduit and conductor from the MCC equipment in the existing dewalering building to the digester complex shall be routed through the existing utility tunnel system. Task 213 Dewatertnc Building. This Wk includes design of a new deWalering building to accommodate 4 existing scroll centrifuges, existing polymer mixing and feed equipment. new dewatered sludge conveyance and storage equipment, and uuck loading facilities capable of filling 2 tractor-trailer units simultaneously. 1be building shall be a 2-level structure with spread footing foundations. The building will include storage space for future bulk chemical storage and transfer equipment to increase on-site storage capacity of disinfection chemicals. The building will provide space for a local control center to monitor deWalering and truck loading operations. Building design services will include space planning to achieve a functionally efficient dewatering operation. Architecturally, the dewalering building will be designed to complement surrounding buildings and landscape elements. 1be building will be equipped widl a high rare ventilation system to purge foul air from sludge storage and loading facilities. Foul air will be exhausted to new NlF Number 3 which will provide biolopcal treallDalt of odorous contaminants prior to release to the aunosphere. Task 214 Eedric:al Power Distribution Syslem. This task includes the design of the modifications required to conven the existing primary distribution sysaem to a primary selective radial diStribution system and to provide electrical service to the new dewaterin1 facility. This task involves load and sbon-circuit analysis of the modified power distribution system, the preparation of power distribution one-line diagrams. site utility and equipment layout drawings. and ductbank sections. and coordination and communication with tbe utility company. Task 215 Contnct DocumealS. Fmal engineered plans, specifications. and contract documents for Phase 18 Project shall be prepared following tbe coordination check. Engineered plans shall be organized by construction disciplines including process diqrams, architectural. structural. mechanical, HV AC. electrical and instrumentation divisions. Heating and ventilation plans shall be incorporaled into the mechanical drawings. SpecifJCalioos shall be prepared in the Engineer's SWldard modified Construction Specification lnstilute format. A list of 340 anticipated drawings is shown in Table 8-1 of Ibis scope of wort. • Exhibit B AUJUll 22, 1995 Pase 9 of 11 ... I . • 0 , • • 0 I • • Engineer shall provide assistance to Owner for award of a consuuctioo conttact by means of competitive bidding procedures. The Engineer shall prepare project desaiplioo and inviwioo to bid and assist owner in publishing public notices. The F.ngineer shall also dislribure comract documents to prospective bidders, manage document deposits. and respond to informalion requests from prospective bidders. AddeD@, to the plans and specificalions will be prepared. if neces.ury. Engineer shall attend the bid opening. anal)'7.C the results, and prepm a letta to lhe Owner summarizing the bid analysis. The Jetter will provide a recommendation fm award of the contract. Engineer shall perform lhe following rasks: Tlllk 301 Adver111e wt Dlmlbate Ooca 1a11 Prepare an advenilement describing the project and availability of bidding documents. Publish Ibis advenisement in up to 4 local newspapers and construction induscry periodicals. Print 150 sets of contract documents and disttibute conuact documents to prospective bidders and consuuction industry plan rooms. The Engineer will charge $150, nonn:fundable fee for each complete set of half-size drawings and specifications to defray printing costs. Task 302 Prebkl Confermce. Assist Owner to schedule and conduct a Jftbid conference. At prebid conference, present scope of project. conttact requirements, bidding procedures, subcontract and minority business panicipalion goals, contnctor qualification certification, licenses and construction permit issues, procurement and labor regulations, geotechnical information, project schedule and coDSU'UCtioo sequencing, bid evaluation, and contract award procedures. Provide a tour of the sire to prospective bidders. Identify and clarify bidder's questions and answer them by addendum. Distribute a prebid conference auendance list to all planbolders. Task 303 Contnct Addellda. Respond to oral, telepbone, or facsimile qucslions received from bidders concerning clarifications to drawings and specificalioas. Maintain a written record of all oral or telephone discussions widl prospective bidders and suppliers conducted during the bid period. Comments, clarifications, or discussions which significandy affect interpretation of contract requirements shall be wued by formal addenda. Prepare up to 3 addenda for revisions to drawings and specificaboo.s for issue prior to bid dare. All changes neces.ury to comply with the U .S. EPA procurement procedures including changes to the contractual conditions, technical specifications and drawings. will be issued by addendum. Task 304 Bid Openl .. and Bid EYlllulloa. Aoend bid opening and assist Owner to open and publicly read the bids,,verify bids are complete, announce apparent low bidder. Provide assistance to the Owner in evaluating bid proposals. pre~ a bid evaluation leuer repon. and advise the Owner regarding contract award. Engineer shall present results of lhe bid evalualion at the regular monthly meetings of lbe LiuJetoa/Eqlewood Supervisary Commiaee. Task 305 Contnct Anni. Auend up to 2 meelings wilh the Owner and CDPHE representatives during the "authority to awarer process. Upon IUtboriWioo by Owner, prepare a Notice of Award for Owner's signawre and transmit by cenifled mail to successful bidder. Return bid bonds to all other bidders. Receive, review, and verify compleleneu of lft&Ward •• Exhibit B Aupst 22. 1995 Paae 10 of 11 I· • 0 - • , -. • • ... submiuals, Equal Oppol1unity Cerdficalioas. MiDodty 111d Women BUliaeu Euleapriae participation. insurance cenificlfles. IIMl perfonmmce 111d payment bonds. EuibitB Mplt 22. 1995 Pl,ellofll r • . ' .. • I . . 0 f :l2 x I • • • .. - • 0 • ------ f • I i a i "' - i ... ---..... . •• ..... I • • 0 • • ;- ,. • ·. • . . .. COUNCIL COMMUNICATION Date Agendabm Subject September 5, 1995 Resolution Adopting The 10 a ff lm.estment Policy Of The City OfE, Initiated By I Staff Soun:e -.. Of Financial Services Frank Grvalewicz,a Director ,., COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council discussed the policy at the Augl,lst 7, 1995 study session . Couicil originally approved the policy on September 17, 1990 aid amended in on December 16, 1991 aid April 5, 1993. Council made changes to City Code Title 4, Chapter 4, Sections 1 aid 2 on first reading August 7 , 1995. This Title and Chapter deals with the investment and administration of City funds . RECOMMENDED ACTION Staff recommends Council approve the amended Investment Policy of the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Investment Policy has been in existence since 1990. The policy is comprehensive, but at the same time flexible . As needs or opportunities arise, staff aid the City's investment advisor (American Money Management Association) update aid present changes to the City Council . FINANCIAL IMPACT This will not directly impact the fifWlCN of the City of Englewood LIST OF ATTACHMENTS Proposed resolution .... .. I . . 0 '32 x l - • • • • • ... ·~ • ... A BESOWTION ADOPTING AN INV!m'MENT POUCY l'OR THE CITY OF ENGLEWOOD. WHDEAS, the £nclewood City Council......_. •__,Tide', a.a.-, l. Sec:tiana land 2 al the £nclewood Municipal Code 111& m Al!plt 7, 1111; .... WHEREAS, Tide 4, Chapt,a' l, Sections l ancl 2 .wr.. the m......t poliq and adminiltntion al the City al £nclewood funds; and WHEREAS, City Council is to review and adapt a City in¥9IUIMllt policy annually; NOW, THEREl'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : 6ectier 1. The City Council for the City alEncleweod. Colorado llenby adopt& the in¥Ntment policy for City attached hereto u Exhibit A. ADOPl'ED AND APPROVED this 5th day alSeptember, 1995. Tllomu J . Suma, Mayor ATTEST : Lo11crishia A. Ellis, City Clerk I, LollCrilhia A. Ellis, City Clerk for the City al Enclewood, Colorado, hereby certify the above is a tNe copy al Resol11tion No._. Series of 1995. "'~ • . ~ .. I . • 0 '32xl - • • • • 0 • EXHIBIT A City of Eapwaod. Colorado INVESTMENT POLICY The Director of Financial Services, City ofEqlewoocl..Colondo is cbarpd with 1be responsibility to prudently and properly -.111y and aU funds of1be City. 8ecaUle 1belC funds may be called upon. it is eamtial that lbsolule mabll'ity llorimas are identifiable for 1be purpose of liquidity. Moreover, 1belC funds must be fially colllmalimd IDd appropriately authorized . The following Investment Policy addresses 1be medlods, procedures and practices which must be exercised to ensure effective and sound meal manapment. SCQfE This policy shall apply to 1be investment of all financial usets and all funds of 1be City of Englewood (hereafter referred to as 1be "Cityj over which it cxcrci9es financial control, except the City of Englewood Firefighters Pension Fund, Volunteer Firefighters Pension Fund, Police Officers Pension Fund, the Non-Emergency Employees Retirement Plan Fund and ocher City employee retirement plans. In order to effectively make use of1be City's cuh raoun:es, all monies shall be pooled into one invesbDCDt account and accounted for separately. The investment income derived from this account shall be distributed to the various City funds in accordance with Englewood Municipal Code, 4-1-2-A. OBJECTIVES The City's principal investment objectives are: • Preservation of capi1al and the protection of invallDCDt principal. • Maintenance of sufficient liquidity to meet mdcipaled disbm"Nmeillll lDd cab flows. • Diversification to avoid incurring unreuonable risks reprdina IICUrida owned. • Attainment of market rate of return equal to or biper tban 1be performance ~ established by 1be Director of Financial Services. • Conformance with all City, Federal, State and ocher legal requirements . DELEGATION OF AJJ'OtORIJY The ultimate responsibility and authority for investment lnllACtioas involvina 1be City resides with the Director of Financial Services (hereinafter refened to u 1be '"DireclDr") who bu been designated by the City Manager as 1be investment officer in accordlDce with Enalewood Municipal Code. The Director may appoint other members of1be City Slaff to usilt her (him) in the cash management and invesbncnt fianction. Persons who are authorized to 1rlmact business and wire funds on bebalf of the City will be desiplled by the Director by 1be wire transfer agreement executed with 1be City's approved depository for bait .-vices (See Appendix I). The Director shall be responsible for all iavalmcnt decisions and activities, IDd shall establish written adminilll'ative procedures for the operllion of1be City's investment program consistent with this lnvesllllcnt Policy. The investment officer actina within 1belC procedures shall not be held personally liable for specifac investment traauc:riom. • " - .. I . • 0 . , ·~ • • 0 I • • ' The Director may in her (his) discretion appoint one or more Inves1ment Advisors, regislered with the Securities and Exchange Commission under the lnvcsbDcnt Advisors Act of 1940, to manage a ponion of the City's assets. An appointed lnValment Advisor may be granted limited investment discmion within the guidelines of this lnvesunent Policy with regard to the City's assets placed under its management. An Investment Advisor can only be appointed after consultation with and approval by the City Manqer. PR\IDENCE The standard of prudence to be used for mmaging the City's asllS is the "prudent invellor" rule, which states. ~inveslmentS shall be made with judgmcal md care, Wider cin:umw then prevailing. which persons of prudence. cliscretion IDd ialellipDce curcise in lbe m.......,.,. of their own affairs. DOI for speculation, but for inveslment coasidlll in& lbe probable IUllly of dleir capital as well as the probable income to be derived." (CRS lS-1-304) EUGJBJ E INVESTMENTS AND TRANSACTIONS All investments will be made in accordance with the Colorado Revised SlalUles (CRS) as follows : CRS 11-10.5-101 , er seq. Public Deposit Prolet1ioa Act; CRS 11-47-101, et seq . Savings and Loan Association Public Deposit Protection Act; CRS 24-7S-601, et Nq. Funds- Legal Investments for Govemmental Units; CRS 24-75-603, et Nq. Deposito. ies; wl CRS 24- 75-70 I , er seq. Local Governments-Local Government Pooliaa- As a home rule City. Englewood may adopt a list of accepllble inveslmmt imlrumeDls differing from those outlined in CRS 24-75-60 I, et seq . Funds-Lepl lnveslmelllS for Goveramealal Units. Funds of the City of Englewood covered by dais lnveslmmt Policy may be invelled in the following types of securities and transactions : • U .S. Treasury Obligations (T-Bills, T-Notes, T-Boads). • U .S . TreB$ury Strips (book-entry U.S. Treasury securities wtac.e coupaa his beea removed). • Federal lnstn.tmentalities-Debentures, Discount Notes, Mediwn Tam NOia or Callable Securities issued by the following only: Federal NaliaDal MollpF Aaocialiaa (FNMA). Federal Home Loan Bank (FI-D..8), Federal Home Loan Martpp eorpc..ioa (FHLMC). Federal Fann Credit Banks (FFCB), and Student Loan Mlmlina Aaoc:ialiaa (SI.MA). • Repurchase agreements with I termination date of90 days or less lllilizina U.S. Treasury and Federal Agency Securities listed in the items above, colllraalized illitiaUy utilizina securities having a minimum market value of 102 perceal of lbe dollar value of lbe transaction with the accrued interest accumulated on lbe collaral included in lbe calculation . If the market value of the collateral falls below 101 percent oflbe dol• value of the transaction, the collateral will be required to be broupl up to the 102 percmt initial maintenance level . Repurchase agreements shall be entered into only with dealen who : 1) are recopiJJed u primary reponing dealers with the Market llepons Division of the Federal ReNrve eo.d of New York; and 2) have an executed, City approved Maler Repurc:bue Apeement (See Appendix II). Collateral (purcbued securities) shall be beld by lbe City's cullDdiln bank u safekeeping agent, and the market value of the colllleral -=uritia lball be mabcl-lilMlle- market daily based on the bid price for the previous day u reported in lbe WAll SDEEI JOURNAL. 2 ..... ,, - • • I . • 0 1 32xl . , . :.;: , . ' I I I r~-i- • • • • For the purposes of this section, die term "collateral" sball mean "pun:hued securities" under die terms ofdle City approved Maler repurcbue apeement. In m cue will the maturity of the collateral exceed a 1m yell' maturity. • Reverse Repurchase Apeemems wi1b a Wily of90 clays or less aa:ulld only apimt securities owned by the City IDd con.eraliad by • leat the -type of IICUrity revened. • Time Cenificales of Deposit or avmp accouall in -or lllliaal balks opaatio& in Colorado which are w approved ........ (• evidaced by a owtmL:* issued by die State Banking Board) IDd are imed by die FDIC . Ccrtific.-s of Deposit wllida aceed die FDIC insured amount sball be c:olllleralizlld in wwwclw::e widl die Colcndo Mlic Deposit Protection Act . This collalaal will haw • initial marbt v.i. equal to or exceediaa 102 percent of the difference between the insured 1111C1U11t and die City•s 11DCal dlpolits far all funds within the institution. lfdle marbl value ofdle c:olllmal &lls below JOI pen:mt of the dollar value of the transaction. the collateral will be required ID be broapt ap ID die I 02 percent initial maintenance level. • Time Certificates of Deposit or savings accounts is -or federally c:bllwed savinp and loans operating in Colorado which are insured by die FDIC . Deposits wllida exceed die FDIC insured amount shall be collalaalizlld in accanllDce widl die Colcndo Pllblic Dlpalit Protection Act. This collateral will haw III initial IIIIIUt va1a equal ID or •ceectiaa 102 percent of the difference between the insured IIIIOUlll lDII die cny•s 11DCal deposit far all funds within the institution. lfdle market value ofdle c:olllmal &!Is below IOI pll'Cellt of the dollar value of the transaction, the collalaal will be required ID be braupt up ID die I 02 percent initial maintenance level . • Colorado Local Government Liquid Asset Trust (COLOllt.UST). • Prime Bankers Ac:ceptance with a maturity of six IDCllllbs or less issued an clomestic: bats or branches or foreign banks domiciled in the U.S . IDII operating under U.S. baaltilts laws. Accepting banks must have a senior debt ralina of A• I by Moodys md/or A+ by Sladard and Poors . • Prime Commercial Paper with a malUrity of I IO days or lea wbich, • die lime of pa t r , is rated II least: A-1 + by SWldard and Poors, P-1 by Moodys OR D-1 + by Duff and Phelps . (I) At the time of purchase, die Commercial Piper must be r..s by • .... two oldle above stated rating agencies 11-lhe-slaled minim1m1 ralina- (2) If more than two ofdle above llaled apnc:ies r-.111 iamr, all oflbole ralina agencies must rare die issuer in accordance wilb above llaled minimum CNdit c:rilaia. (3) If the Commercial Paper iamr bu Nnior debt CJUblMdina, die .-ior debt m• be rated by each service that publishes a ming on the issmr • • leut: A-1 by Moodys, A + by Standard and Poon OR A-1 by Duff and Phelps. OTHER JNYESJMENTS It is the intent of the City that the fongoina lisl ofllllhorized NCUritia be llricdy mllijW.-1 and that any deviation from this lisl must be pre-approved by die Dinclor irl wrilirla der approval by the City Manapr. 3 ...... • . ., I . • 0 '32xl - • • • • IN\'ESTMENT Pl\'EBSlflCA]]QN It is the inlent of the City to diversify the inveslmellt imlnmeals wilbin the ponfolio to avoid incurring unreasonable risks inberml iD over iaWSliaa iD lpeCific 8i111-.eat&, iDdividual finalKial institutions or maturities. nc --allocalioa iD the portfolio sbould, however, be flexible depending upon the outlook for the economy and the securities martet. Tbe City may invest to the followiaa maximum limils widlia e1Cb campy: • I 00% in U.S. Treasury Obliplicm but not less dim SO% • SO% in CeniflCalles of Deposit • SO"le in allowable Federal Ida wslities • 30"/e in Repurchue AplcW collaraliad by allowable Federal lmtrumeatalitie or I 00-/o in Repun:bae Aai,eemellll collllleraliad by U.S. Treasury Obliplions • 20"/e in Banken Ac:ceplmlCeS • 20"/o in Commercial Paper IN\'ESTMENT MADJRID'. AND uornpny Investments shall be limited to malllrities DOI exceedin& dne years. In addition, the weipted average maturity life of the tocal ponfolio shall al no time exceed eipcem mcmdas. Tbe City shall at all times maintain IS% ofits 10lal inWllmellt portfolio in ins1l'uments IDlllllriDa in 120 days or less. For callable securities assumed to be called on their tint call dale, dial fint call date shall be used to calculale the securities weighted avenge maturity. QJHER INVESTMENT GUIPEIJNES All investment transactions must be executed widl broker/dealers and financial institutions tbat have been authorized by the City, and each ttansaction must be competitively tranudlld wida at least two authorized broker/dealers fiamcial institutiom. In addition, befon any ,ep,ac:bw: agreements shall be executed widl III allborized broker/clealer or financial imtilutiaD, a Mwr Repurchase Agreement must be signed between the City and dial broker/dealer or fiamcial institution. The Director shall mainlain a file of all Mum Repun:base Aareemeals- The purchase and sale of all securities shall be on a delive.y versus paymem or~ venus delivery basis (i.e. for securities pun:hues, monies will DOI be ieleued by the City's......,... bank until securities are received at the Federal Reserve Bank for funher cnditto the City's safekeeping bank. In the case of securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the securities are simu111neously released to the purchaser.) In this manner the City will always have possession of eidlS its IICUl'i1ies or its monies. The City seeks an active, rather than passive, management of its portfolio aacts. ASlelS may be sold at a loss only if the Director or the Investment Advisor feels that the sale of the security is in the best long-tenn interest of the City. SEI EC]]ON QF FINANCIAL INS1JDJDONS AND BRQKfBlPEAJ EBS The City shall maintain a list of IU1boriz.ed broker/dealers and financial imtitutioas which are approved for investment purposes (See Appendix Ill), and it shall be the policy of the City to purchase securities only &om those IUlhori.zecl institutions 111d firms . To be eliaible for authorization, a broker/dealer must be _.-:opizecl u a primary Dealer by the Federal Raerve Bank of New York . Banks and Savinp and Loan Auociatioas must be maben ofdle FDIC in order to be eligible for authorization. In addition, each broker/clealer or fimacial inltitutioa must 4 • ..... - "' - • ... I . • 0 ·. , . ::; '32xl • • 0 • complete a City approved Broker/Dealer Infonnation Request Form wbic:h includes the firm's most recent financial statements. The Director shall maintain a file of all Broker/Dealer Information Requests. Broker/dealers and ocher financial institutions will be selected on the basis of their expertise in cash management and their ability to provide service to the City's account . SEI ECDQN Of BANKS AND SAYINGS AND LOANS The City shall maintain a list ofaulborized banks and savings and loans wbic:h are app.wed to provide banking services or &om whom the City may purchase a Catificala of Deposit. To be eligible for authorization, a bank or uvings and loan must meet the minimum credit c:rileria (described below) of credit analysis provided by a commercially available bank min& avice. Banks or savings and loans failing to meet the minimum criteria, or in the judpleat of the Director no longer offering adequate safety to the City will be removed from the list. Al1baup a bank or savings and loan is on the qualified list, it will still be required to pledge collaleral OD all deposits and investments, pursuant to State law. The City shall utilize a commercially available bank rating service (PMA Financial Network, Inc .) to perform a semiannual credit analysis on banks and savings and loans. 'The bank min& guidelines will be calculated using publicly available financial information oblained from the release of the preliminary reports of condition and reports on income from the Federal Reserve or from data reponed to the Compuoller of the Currency. Data obtained from the bank min& service will include factors covering the following: overall rating. liquidity policy, credit risk policy , interest rate policy, profi1ability and capital policy . Ratings will be done on a five point scale with one being Excellent. In order to meet the minimum credit criteria, a bank or savings and loan must meet each of the following credit rating requirements: • The overall credit rating must be three or higher, (Per PMA Financial Network. Inc.) • The credit risk and capital policy ratina must be three or hiper, (Per PMA Financial Network, Inc.) reprdless of the overall credit rating. and • The institution must qualify u a depository of public funds in Colorado as defined in CRS 22-40-105 . The Director shall maintain a file of all credit rating analysis repons performed for the City. SAFEKEEPING Investment securities purchased by the City will be delivered by either book entry or physical delivery and held in third party safekeeping by a Federal Reserve member financial institution designated as the City 's depository. Securities delivered to the City in physical form (BA '1, CP, etc .), will be delivered to the City's cUSlodial bank's comspondeat bank in New York or to the Depository Trust Corporation . It is the intent of the City that all securities be petBCllld in the name of the City. PRQYJSJQNS FOR ARBITRAGE The City periodically issues debt obliptions which are subject to the provisions of the Tax Reform Act of 1986 (section 148F), Arbitrqe Rebate Replltions. Due to the lepl complexities of arbitraae law and the necessary immunization of yield levels, the procedures undenalten in the reinvestment of all or a ponion of the proceeds of such debt issuuce may CXlald beyond those outlined in th is policy . The Director, upon advice &om Bond Counsel and financial advilors, may alter provisions of this policy for arbitrqe related investments u may be aeceuuy to 5 • ...... "' - I· • 0 . , . ::.: • • 0 - confonn with federal ut,itrage replations. In all cues, however, invesanents will be in compliance with Colorado Revised Slalutes. This section is only applicable to City funds subject to ubitrage restrictions. REPORTING An investment report shall be prepared. at least on a mombly basis, liltiq die invelbDellts beld by the City, the cunent market valuation ofdle investmmll and pafarmance results. The monthly investment report shall be submitted in a timely ...._ to die City Manapr and die City Council . A record shall be maialained by tbe Depar1meat ofFinw:ial Services of all bids and offeriqs for securities nnsac:tions in order ID man lbat tbe City naives competitive pricing. The City has established reponiDa and accountina llaDClllds for callable U.S. GovwiiiiNIII. Agency and instrumentality securities. Callable Securities may be ntired at die issmr's option prior to the stated maximum maturity . All securities holding repons for die City shall dilclose the stated maturity as well as tbe first call date of each callable security beld. In die cae of callable securities which are pun:bued priced ID tbe first call date and, in die opinion ofdle Director, have an overwbelmin& probability ofbeiq called on tbe finl call date,~ average maturity amortization u -11 u yield shall be calculated using die first call date. The Director may, however, choose ID use a funber call date maturity date for reportina purpoaes when conditions mandate. PERFORMANCE REVIEW The Director and the City Manager shall meet at least quarterly ID review die portfolio's adhem!ce to appropriate risk levels and to compare tbe portfolio's IOCal recum to die established investment objectives and goals. The Director shall periodically establish a benc:bmarlt yield for tbe Cily's inveslliiieatl which shall be equal to the average yield on the U .S. Treasury security wbicb IDOll closely c:omsponcls to the portfolio· s actual weighted average maturity. Wben ctllllfll'1DI tbe performance ofdle City"s portfolio, all fees and expenses involved with manqina tbe pal1folio sbould be inc:ludecl in the computation of the portfolio's rate ofretum. ETHICS AND CONFLICTS OF [N]EREST Officers and employees involved in tbe investment process shall rmain &om penoaal business activity that could conflict with proper execution oftbe inves1meat prapun, or wbicb could impair their ability to make impartial inveslment decisions. Employees and inveslmeat officials shall disclose to the City Manager any mmrial financial iDlaesl in financial institutioas lbat conduct business with the City, and they shall further disclose any larp penoaal fmancial/investment positions that could be related to tbe performance of die City's portfolio. Employees and officers shall subordinate dleir personal invellmmt nnuc:rioas to lbose ofdle City particularly with regard to the timing ofpurcbues and sales. .. .... 6 ...... ,, - •. • I· • 0 '32 x l - • ,. • • . . P011cy REVISIONS This Investment Policy will be NViewed periodically by die Diraclar' llld may be ....-cl a conditions wamnt by the City Mmapr md die City Caacil. Approved by City Council Seplember 17, 1990 Amended by City Council December 16, 1991 Amended by City Council April 5, 1993 Amended by City Council September S, 1995 State of Colorado County of Arapahoe l, Loucrishia A. Ellis, City Clerk in and for The City ofEapwood. in die SW afaNaid. do hereby certify that the foregoina is a full, true md conec:t copy of the br.elllDlat Policy• die same appears upon the records ofmy office wbicb are in my CUIIIOdy. Given under by band and official -1. lllil __ day of ____ _, A.I). 1995, o'clock _.m. lti I cwri+ie A fltil 7 . . I . . 0 f 32xl • • • • Affl.MDIXI ............ _ ... The followina ........ I¢ iaMIID ..... ila!..a-SS• r:t'mmadwn ......... on behalf of11ae Cily of Eaal1 ••· Steve Dazzio, Cbief AAanxa- Vema Cole, A&.cm a D Jennifer Nolan, Acicm w D Frank Gryslewic:z, Direc:lar of Fiaacial S.W-.. • I. . 0 I 1 32xl - • Pnadmlial Seaaities, Inc. Menill Lynch Smidl Bllney <. • • • ' . ' .. I. • 0 I ~,)( I - Prudential Securities, Inc. Merrill Lynch Kirkpalric:k Peltis-lmresancat Baun Paine Webber Smith Barney • . " ·, • (. APPENDIXm 10 "' -. . ' • I . . 0 1 a2xl • r • •, • <. APPENDIX IV The followiq bank is IUlborimd a cbe chsiprs1 clepoliloly for 'Ille City ofEapewood: First hdermle 8111k ofl>eavw, N.A. 633 Se,,eallellldl Screet Denver, Colorado I0270 INVS11'NL .DOC II .. I . . 0 f 32xl () - 0 • --------~-~ • • • • • •, - ·' ~~ City of &9/ewood ,~ 3400 Soult! Elali Street • E,wewood. Colorado 80110 • 303-762-2300 TO: Lou Ellis, City Clerk FROM: Nancy Fritz, City Attorney's Office DATE: September 25, 1995 Lou, Attached is a copy of Doug Clark's Agreement. This Agreement is to be copied and distributed, this copy is your files -per Dan Brotzman, City Attorney. Thank you, NF Attachment • • .. 0 • I . • 0 , • • EMPLOYMENT AGREEMENT WHEREAS, the City of Englewood is a home rule city within the meaning of the constitution of the State of Colorado and is authorized to exercise and perform those powers and functions set out in its Home Rule Charter, as amended from time to time; and WHEREAS, under Article VII of the Englewood Home Rule Oiarter, the City Council of the City of Englewood bas the duty and power to appoint the City Manager under certain terms and conditions; NOW, lHEREFORE, in consideration of the mutual covenants contained herein, the CITY OF ENGLEWOOD (City) and DOUGLAS A. Cl.ARK (City Manager) agree as follows: 1. Douglas A. Clark shall serve as City Manager for an indefinite term and shall have such powers and duties as are prescribed or permitted by the Englewood Home Rule Charter. This appointment was formalized by City Council action on April 25, 1994, and Mr. Clark assumed bis duties as City Manager on July 18, 1994, which shall be considered Mr. Oark's anniversary date of employmenL 2. Effective July 1, 1995, Mr. Douglas A. Clark shall receive an annualized salary of $84,000 which shall be prorated on a bi-weekly basis and paid every other Friday. The City Council shall consider adjustment of the City Manager's salary at least on an annual basis. 3. The City Council shall evaluate the performance of the City Manager on a semi-annual basis. The City Council and the City Manager will meet semi-annually to evaluate past performance based on the performance criteria which have been previously agreed to and shall mutually agree to aiteria for the subsequent six (6) months. Ally performance evaluation shall be kept confidential in accordance with Colorado state statutes. The City Manager sbaU also be entitled to comment upon the nature of bis job and the methods that might be used to improve it. 4 . The City Manager's benefits sbaU be at the same level and in the same form as department directors for the following items: A. Forty-eight (48) hours of personal leave annually; 8. Five Hundred Twenty (520) hours of temporary disability; C. Long-term disability -60% of monthly salary to a maximum of three thousand dollars ($3,000) per month; -1- •. .. I . • 0 I • • "' -• • t• • <. D. Medical and dental coverage. The City pays 85% of the premium and the City Manager pays 15% of the premium for single or dependent coverage (The City recognizes that the City Manager has disclosed a pre-existing condition of a dependent and the City agrees to continue coverage of that dependent until such time as be is accepted under one of the medical plans.); and E. Life insurance of fifty thousand dollars ($50,000). F. Eleven (11) paid holidays. G. Bi-annual physical up to $218 per year. H. Accidental death and dismemberment -$50,000. 5. The pension plan is the ICMA 401 Deferred Compensation Plan. The City shall contribute ten percent (10%) and the City Manager shall contribute four percent (4%) of bis salary to the pension fund. Panicipation is mandatory. The aty Manager shall also have the option of contributing to an ICMA 457 Deferred Compensation Plan. 6. Vacation (Annual Leave). a. The City Manager will be credited with an initial leave bank of eighty- eight (88) days in consideration for benefits and leaves foregone by him in leaving bis prior position to accept the City Manager's position. Any unused credited leave shall be paid at time of separation if separation occurs under paragraph 14(a), but there shall be no such payment if separation occurs under paragraph 14(b). b. Additionally, from the date of his commencement of employment, be shall accrue annual leave at the rate of ten (10) hours per month or one hundred twenty (120) hours annually. Any unused accrued leave shall be compensated at the time of separation or resignation. 7. Funeral leave, jury duty and witness service shall be the same as all other employees of the City. 8. Vehicle/Car Allowance. The City will provide the use of a aiy vehicle for the City Manager for unrestricted use, or a vehicle allowance, or mileage reimbursement as determined by the aty Manager. For whichever option is chosen by the aiy Manager, the amount to be paid by the City will be no more than S400 per month. 9. Other Benefits. All applicable benefits of the City as, now established or as they may be amended from time to time, shall apply to the City Manager as they would to other employees of the City, except as the terms and conditions of this Agreement may preclude them or modify them. 10. Residency. The City Manager bas established bis principal place of residency within the corporate limits of the City and be shall maintain such residency at all times -2- ' .... • .. I . • 0 , • • • • 10 b 1 during the term of this Agreement. The Oty Manager shall notify the Oty Council of any change in address within five (5) working days of such chan&e- 11. Professional Development. The Oty agrees to budget and to pay for professional memberships and development subject to budpt limitations and to established travel policies and procedures. The Oty will also consider reimbursement for appropriate graduate level courses. 12. Disclosure. The City Maoaaer shall report to the City Council any ownership interest in real property within the Oty, aducling a personal residence. Also, the Oty Manager shall repon to the Oty Council any financial interest in a firm doing work for the Oty or from whom the Oty intends to make a purchase. Such reporting shall be made in writing by the Oty Manager to the Oty Council within thirty (30) caJendar days of the execution of this Agreement and further within fiw (S) calendar days of acquisition of that financial interest. 13. Bonding The Oty shall bear the fully cost of any fidelity or other bonds required of the Oty Maoager under any law or orctiaaoce 14. Separation from Employment. L Separation by Council Action. If the Oty Manaaer is removed by action of a majority of the Oty Council for any reuoa, the City Council and the Oty Manager recnpiR that certain provisions of the Oty Cbarter address the removal ol the Oty Manaaer from office and IUblequeat pay of tbe 0ty Manaaer-The aty CouDdl apees that removal shall be eft'ec:d¥e u of the first clay ol the DIil month 111d be sball receive severaoce pay for sixty ( 60) days. b. Voluntary Resip•tion. In tbe event tbe Clty v.....,,. .... bis position and lives the Oty written aotkle of at last sixty (60) days prior to the last work day, be shall receive sixty (60) days pay u severance. If the Oty Ma-,er fails to provide such notice to the City C.OUncil, the Oty Manaaer ,... to forfeit all severance pay, excluding any unused eccrued leave. 15. General Provisions. (a) This Alfeement is supplemented by any federel or swe law anntiDa edditional benefits. (b) 1be text here shall constitute the entire ,\p'eement betweea the parties. (c) This Agreement shall become effective Aupst 21, 1995 • .3- . ' ]- • r • • '· 10 b f ( d) If any provision. or any ponion of any provision. contained in this Agreement is held unconstitutional. invalid, or unenforceable. the remainder of this Agreement, or any ponion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. ( e) No amendment of this Agreement shall be effective unless it is approved in writing and signed by each party. In witness, the City of Englewood bas caused this Agreement to be signed and executed on its behalf by the City Council and duly attested by its City Cerlc and the City Manager bas signed and executed this AgreemeDL 1llE CITY OF ENGLEWOOD Date . ' ... I . . 0 f ___ I - • • • t• • ' 10 b i BY AUTHORITY ORDINANCE NO . 'f:§" SERIES OF 1995 COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE AMENDING TITLE 4, CHAPl'ER 1, SECTIONS 1 AND 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 REQUIRING COUNCIL TO REVIEW AND ADOPT AN INVESTMENT POLICY BY RESOLUTION ANNUALLY. WHEREAS, Ordinance l , Series of 1975 authorized the City of Englewood to invest in interest-bearing obligations of agencies of the U . S . and repurchase agreements were allowed; and WHEREAS , collateral requirements of banks holding City monies was approved with the passage of Ordinance No . 60, Series of 1976; and WHEREAS, Ordinance No . 46, Series of 1982 authorized the City's participation in share certificates; and WHEREAS, Ordinance No . 42, Series of 1990 authorized the City's participation in the Colorado Local Government Liquid Asset Trust Fund; and WHEREAS, the proposed amendments will provide for greater flexibility, reduce the adoption of lengthy Code sections, and require the City Council to review and adopt the policy by resolution annually ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tion I. The City Council of the City of Enelewood, Colorado hereby amends Title 4, Chapter 1, Sections l and 2, of the Englewood Municipal Code 1985 to read u follows: 4 -1-1: DEPOSIT OF MUNICIPAL FUNDS : The Director of Financial Services, ex officio City Treasurer, shall deposit all funds and monies of whatever kind that shall come into his possession by virtue of his office as such Director in the name of the City, in one or more responsible banks located in the Stat.e of Colorado which have theretofore been approved and desicnated by resolution adapted by a majority vote of the City Council. 811eh he1ll1 er he111ta ,hall AaPllilh a ••••..., hellll er 1hall tlepesil i11 eaerauu a,,,o,e~ 1ee•Pille1 la ••••e 811) ... •,,aai ... (1982 Code f 5.1 ; amd . Ord. 63 Series 1990) .. I> - • ~ ' .. I. • 0 • • • 0 • 4-1-2 : INVESTMENT OF MUNICIPAL FUNDS : The Director of Financial Services, ex officio City Treasurer, shall invest all funds and monies not immediately needed for the operating expenses of the City, except for the Fire111en'9 FIREFIGHTERS Pension Fund, THE VOLUNTEER FIREFIGHTERS PENSION FUND, the Police OFFICERS Pension Fund,~ the Ci., ii111plByeH' Pe111iBn NON-EMERGENCY EMPLOYEES RETIREMENT PLAN Fund AND OTHER CITY EMPLOYEE RETIREMENT PLANS, as fel111111s. PURSUANT TO AN INVESTMENT POLICY WHICH SHALL BE ADOPTED BY COUNCIL RESOLUTION EACH YEAR . h Ohhe 111ene:, in.est.ea, n11i leH than fia, pereeni (59'*il ehall he in.eet,ea in. 1. B11nas 11r et.lier int.erest hearing ehligati11n1 ef the t::Jnit,ea 8t111tie1 ef .t.&R1eriea. a. B011tl1 o• otlter i11iere1t. heaft111 ehli,:at.0111 ef a1e11eie1 ef the l:J11iNill S.1t11 er h111eriea . (Ora. 1 Series 19+5l 3. Share eeftiAeake Mr 1N1w-i1111 aeea11Jtt.1 i11 a,a, Stele er FetleN:H, ehaPleretl N:tJai111• a11tl loaR a1Neiat.io11 i11 Coleraele, 11rouitleti, hauue,er, tftat aaill as1eeiatia11 ie a 111e111her efthe Fetleral Sau i11gs a,ul bea11 l11s11ra11ee Co.,orat.ioR (f!SblC). a11tl h-..her, thM the hll 111111111nt 11f eaeh 11eee1111t ie i11111rea l,y "" 111ia FSblC, and n11"1her, .i...."" f.11 a1111•11i ef eaeh aeeo11t1t is it1111retl ..,, the N:itl ~blC afltl ifl a11, ti111e eert:itieatJe el tle11,alit. • ••• i1111 aeea1111t ifl a11, Stele or Ratia11al henl1 it1 Coloratle iR eu hieh ee,..ifieaka fli jzp 11 ·, •• N iRCB aeee•t1ttt &Pe ftall.9 it1111retl "' tihe FetleNI 9e,eait l111•••11ee Ge,,eualia11 •• aee••etl ~ eelle11e,al tN&ri1iea a,lherieetl h, Celeratla la• wheae ,-ual•c ia • hall ••e ti•~ arl!li pee as.t < 1991ii J ahhe lle11alli111 held l,y an:, ha11l1 i11 the Stat,e ef Galea .. ill ._ u• r efihe Cit, ,9,,11 ti Seriu 1188 ) •· D .. , u, II 1"1 "' • • ctt ski 1aha11 el the St:atie: af Geleratle •• el••, •,etrKt t.4r ere fl i 81&k ef'Colo:a4s , t;1e1e Hct a:,..-. .... reuet111e a11t:ieip;at.iaR warN.11 ... '5 • at i . 8eR8& k:8 •" a ~ rett 1e11eral ahlica1ia11 ef aRy eit, a11tl ea•111, •• ina:"'54.....a ,,., ar la•R 111 MM! &.,e elCalara~a lilieti haa eltialetl ee11tit111a111ly •• a la•I ar,e111& 1 fw a ,eriatl effifliee"' (15 l :,Nre ,,car 1e ahe analti11c ef 111eh i11,e1ltlle11t. 7. Rep11ret.at'M!! .,ee"'t"~' aft tiln:Je aha e aee11Pitte1. (9Ptl . 1 8ePie1 19'71) 8 . The Calaratle beeal SautPlllll@Rl bieJ•i41 ,\aeet: 'PP.Ii F.1141 . (9N. -68 &efiee 11181 A. THE CITY SHALL DISTRIBUTE THE INVESTMENT EARNINGS AND LOSSES IN THE FOLLOWING MANNER: ON A MONTHLY BASIS , THE EARNINGS OR LOSSES SHALL BE DISTRIBUTED PROPORTIONALLY , BASED ON THE AVERAGE CASH BALANCE AVAILABLE FOR INVESTMENT IN EACH FUND . FUNDS WITH NEGATIVE CASH BALANCE WILL NOT SHARE IN EARNINGS OR LOSSES . B. Ohhe 1111111iea i11,e11tea, 1111t 11111re th1111 tta, peree11t E5Kl 1hall he i11,e8'N i11 . 1. Jile1etiahle eertiheaka ef tie,asit. ef tihe t.uue11t:, (89) lar1c•• 11ali111al ha11ll1 1ha,...,11M1 1111aer the 111.08 afthe U11itea 81ete111f,\111erie11 . -• •. I • • 0 , ' :.:: - • • ,. • t• • .. a. Go111111ereial paper or the lluueR~ fi,e (Iii&) larreai ea,.,oratiat11 ereate.t • e•i1M111 •11tler the laws eftlhe 1:J11iietl Stet,e;a or a11, ateie, tlilWiet er Nflll'itie., efthe l:J11ite• Stat.ea. a. Bea11ip111e11i iPIIMia, 1.•, or hetier (railreatl), 8tie11tlarll & Peer's, Maet1,·a . t. 8a11l1er1 aeeeptie11eea. 5. Rep11reha1C •1'Pee111e11" 011 aha, e eee11Pili11. (9rtl. 1 SePiea 18'15) C. 8aitl 9ireeter ahall ,e-.llire eellakral 1ee11Pit.ie1 wheee 111aMe1 ,al•e ia • 1•8' eRe h1111tireil i,eree11t (1~) efthe llei,eait9 helti hy a.., Nlllt i11 lhe Slate ef'G1laracl1 ill lhe HIiie ef lhe Gi-,. 'Pheee eellaterel aeeiuiMH ahall he th111e tieli111a'8ti i11 a,-ele '16, tRle I+; ef' lhe 19'13 Geleratie R,eo,iaeti Sta .. '81. {9Pti. 89 8eri11 19'18) 9 . AJI f1uul1 af t:he Cit, shell share iR tlle i11M.reet i11ee111e eePlletl I,:, i11, e1M11e11• 111Ne It, tfte Direeter, in the 19,0,a,tioft t.hat their rea,eethe eeah Nla11ee1 ltear ta the ...a eaah a,ailahle fer i11,e1tMe11t tl11ring the ,ear. The 111etihetl efeale11lalia1 wh Nla11.ee1 ahall reAeet a11 tf111:it:ahle a, erariRI ef tihe Nla11ee1 •• tlet.ePMiflletl a,, the 9iree•r. ,\II inNreat. uuhieh ne11hl 11er111ell) he e,etlit,etl 18 t.he 819eeial llaeeaaMefl.t. Flafl.tl 1hall I.le eretlit.eti II the Qe11eral F1111ti . (QNI. 1 Series 1975, a111ti. 9Pti . 83 SePies 1999). Tabled on the 7th day of August, 1995 . Introduced, read in full, and passed on first reading on the 21st day of August, 1995. Published as a Bill for an Ordinance on the 24th day of August, 1995. Read by title and passed on final reading on the 5th day of Sept.ember, 1995. Published by title as Ordinance No ._, Series of 1995, on the 7th day of September, 1995. Thomas J . Bumi, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1995 . Loucrilhia A. Ellis . ' •. .. I • • 0 • ' r f~ f 32xl - • ORDINANCE NO .~ SERIES OF 1995 • • • '· BY AUTHORITY 10 b ii COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME FOR THE 1994 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD TO ALLOW FOR THE COMPLETE EXPENDITURE OF FUNDS. WHEREAS, with the passage of Ordinance No. 17, Series of 1994, the Englewood City Council authorized an intergovernmental agreement with Arapahoe County for the 1994 Arapahoe County Community Development Block Grant Program; and WHEREAS, the Agreement contained two projects consisting of a Housing Rehabilitation Loan Program and a Family Self Sufficiency Program to be 1ponaored by the Englewood Housing Authority; and WHEREAS, the Hou1ing Rehabilitation Loan Program haa not fully expended the 1994 allocation by the contract completion date of May 31, 1995; and WHEREAS, the extension of time through April l, 1996, will allow 1ufficient time to complete the Housing Rehabilitation Loan Program and to complete expenditure of funds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : $ect,jop 1. The City Council of the City ofEnclewood, Colorado hereby approve& Amendment No . 1, to the Subgrantee Acreement for the 1994 County Community Development Block Grant Program with Arapahoe County for an extension of time until April l, 1996. 5ediPD 2. The Mayor is authorized to execute and the City Clerk to attest and aeal the Amendment No . 1, to the Community Development Block Grant Agreement for and on behalf of the City of Englewood, Colorado. Ses;tjop 3 . The City Manager shall be authorized to further extend the Community Development Block Grant Amendment No . 1 to fully expend the 1994 allocation . Introduced, read in full, and passed on fir1t readine on the 211t day of Aueult, 1995. ,. - • . .. ... I • • 0 '32xl • • • • .. Published as a Bill for an Ordinance on the 24th day of August, 1995. Read by title and pa11sed on final reading on the 5th day of September, 1995. Published by title as Ordinance No. _, Series of 1995, on the 7th day of September, 1995. Thoma• J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 1995 . Loucrishia A. Elli1 ,, - , .. I· ' . . ' 0 • f 32xl • • " . 0 t• - AIIDDIID'1' IIO. _.op_,___ __ _ TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT This AMENDMENT NO. ONE -d• thia day of ----- 199~ by and between _.c~i~t~y_.g.f_.Enua .. 1.ay ..... ood.,..._.,.........,.. _____ ...;... __ __ (SubGrantee) and the Board of county Comaiasionera of Arapahoe County, Colorado (County). WHEREAS, the SubGrant•• agreed to coaplete the project known as Rou1inq Rehabilitation Lgan Prgqraa C9f-ltf-B1-f21) and entered into a Co111J11unity Development Block Grant Agreeaent (Agreeaent) with county, dated May n, 199_.j,; and WHEREAS, the SubGrant•• agreed to complete the project by Nay l1, lHL and due to unfor••••n cirCUJ1Stancea completion of the project ha• been delayed, therefore the SubGrant•• would like to extend the agreeaent to Aqril 1 , 199L; and •ow, Therefore, for the autual consideration of the parti .. , the receipt and aufficiency of which are hereby ac:JcnovledCJed, the parti•• hereby agree aa follova: SubGrant .. and County agree to extend the term of the A9r .... nt to APril 1 , 199§_. All other terms, conditions and aectiona of the original Coaaunity Developaent Block Grant Agre ... nt dated .. y 31, 1995 and any previoua ... ndaent not inconaiatent with thi• Aaendllant No. One are reaffirmed and incorporated herein by thia reference. 1 -• ' I . • 0 ] • • ·, • C, In Witn••• Whereof, th• Partiu bave cauaed thi• AIIDDIIENT to be duly executed thia day of , 1995. Atteat: Clerk to the Board Witneaa: Board of County caaaiaaioner• Arapahoe County, COlorado By_.....,_.,... __________ _ diiliian SUbCrantae: ___________ _ ~=---------------------------~ Titl•·-------------- 2 ' . .. I . • 0 ' r [;, , I - • ORDINANCE NO . d..J SERIES OF 1995 •, (, • • • BY AUTHORITY I• -10 b iii COUNCIL BILL NO. 152 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING A LEASE BETWEEN CRAIG HOSPITAL AND THE CITY OF ENGLEWOOD, COLORADO TO OBTAIN AIRSPACE OVER A PUBLIC STREET, SOUTH CLARKSON STREET, BETWEEN EAST GIRARD AVENUE AND EAST HAMPDEN AVENUE, FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A TWO LEVEL PEDESTRIAN OVERPASS. WHEREAS, the Englewood City Council with the passage of Reaolution No . 81, Series of 1994 approved the planned development for Craig Hospital constructing a transitional care facility on the East side of the 3400 block of South Clarkson Street; and WHEREAS, Resolution No. 81, Series of 1994 approved the planned development for Craig Transitional Care Facility which consisted of a four story building with full basement, a two-story bridge connection to the existing hospital and an underground tunnel to link the basement levels; and WHEREAS, the planned development, approved by the En1lewood City Council in November 7, 1994 included not only this lease for airspace but alao an easement for a tunnel under the street connecting the two buildings; and WHEREAS, the underground tunnel has been removed from the planned development, i1 no longer needed, and the City will not be leasing underground tunnel richts for this planned development; and WHEREAS, the Englewood City Council with the pauap of Ordinance No .153, Series of 1994, approved the vacation of a 16 foot alley ript-of'-way in the 3400 block between South Clarkson and South Emerson to facilitate the development of the Crail Hospital transitional care facility; and WHEREAS, it is necessary for the health, safety and welfare ofper..-.s in the community using Craig Transitional Care Facility lo have a safe means of access betw_, Craic Hospital and the Transitional Care Facility ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Se<;tjon 1. The Englewood City Council hereby approves the lease between the City of Englewood, Colorado, and Craig Hospital for airspace over South Clarkaon Street betwNn East Girard Avenue and East Hampden Avenue . The Air Rights Lease is attached hereto as Exhibit A. Sectjpp 2. The Mayor and the City Clerk are hereby authoriu,d to sip and attest said 1- for and on behalr of the City Council and the City of En,tewood. Introduced, read in full, and paued on first readin1 on the 21st day of Aucuat, 19915. • I . ..... I • • 0 - • • • <, Published a1 a Bill for an Ordinance on the 24th day of Auguet, 1995. Read by title and paued on final.reading on the 5th day of September, 1995. Published by title as Ordinance No ._, Series or 1995, on the 7th day of September, 1995. 'nlomu J. Bllml, Mayor ATTEST : Lollcrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued on final reading and published by title as Ordinance No . _, Series of 1995. LollCriahia A. Elli1 -2 - . ' • I. • 0 • • • • EXHIBIT A AIR RIGHTS LEASE , . THIS LEASE entered into a1 of the __ day of 1995 between and among the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, 3400 South Elati Street, Englewood, Colorado and CRAIG HOSPITAL, a Colorado nonprofit corporation, 3425 South Clarkson Street, Englewood, Colorado 80110. The parties hereto hereby covenant and agree a1 follow,: 1. The City of Englewood (Le1110r) hereby qreea to leue apace over South Clarkson Street right-of-way between Eut Girard Avenue and Eaat Hampden Avenue not leu than fifteen (15) feet above laid 1treet at ill preaent crade, ten and fifty-two hundredths (10.52) feet in width, and laid apace lhall not be more than 28 and aeventeen hundredths (28 .17) feet above itl loweat elevation and i1 described as follows: · An eaaement for the construction, maintenance and operation a( a two (2) level pedestrian overpaH and for a pedestrian mer-and ecreu across uid overpass. The lowelt point of the bottom a( uid overpa11 i1 at an elevation of 5390.00 feet U.S .G .S . dal.um . The hori&ont.al projection of said easement is deecribed u follow1 : A parcel of land 1ituated in a part of South ClarkNn Street and a portion of the Southeut one quart.er a( Sedion 34, and the Saudtwea -quarter of Section 35, all in Townlhip 4 South, &a,.18 Wellt, of the 8th Principal Meridian, City of Enslewood. County of Arapahoe, State of Colorado, beine deecribed a1 follow,: COMMENCING at the South•lt comer of uid Section 34; thence Westerly alone the South line of uid Section 34, a cliatanc:e of 30.00 feet, to a point on the West right-of-way line a( South ClarkNII Street extended South; thence North alone uid extended West right-of-way line a di1t.ance of 25.00 feet to the intenection of laid Welt right-of-way line of South Clarkaon Street with the North richt-of-way line of Ealt Hampden Avenue; thence Northerly along the Westerly right-ol-way line of South Clarkaon Street a diltance of 347.65 feet to the POINT OF BEGINNING of thi1 deecription; thence continuing Northerly alone uid Westerly right-of-way, line a di1t.ance a( 10.52 feet; thence Easterly on a deflection angle to the richt of86° 59' 5r a diatance of61.33 feet to the Ea1terly richt-of-way line of South Clarkson Street; thence Southerly alone ,aid Ea1terly right-of-way line, on a deflect.ion angle to the right of93° 11' 13" a distance of 10.52 feet; thence Westerly on a deflection angle Lo the right of86° 48' 47" a di1t.ance of61.29 feet to the Westerly right-of-way line of South Clarkson Street and the POINT OF BEGINNING, containing 6446 square feet. more or Ina. 2. This lease lhall run for a period of forty (40) years from the dat.e of the eaecution of said lease, provided, however, that Lnaee may t.erminat.e laid lea• at any •• ..... ... ,. - .. I. • 0 • • • 0 I• • time during the forty (40) year period by civine Leasor due notice of their election to terminate said lease in writing by registered or certified mail, at lease one (1) year prior to termination date specified in said not.ice . Said termination shall not become effective until the atructure ia completely removed. Lessor and Lessee agree to negotiate in good faith for renewal oft.he term of the Lease upon the request of Lessee or Lessor . 3. The rent.al payable to Lessor by Lessee under this lease shall be the sum of Ten Dollars ($10.00) per year, which rent.al shall be paid in annual installments, the first payment being due upon pa11age of the ordinance by Enelewood City Council approving this lease, and future annual payment.I to be due thirty days prior to the annual anniversary date of said lease . 4 . Lessee covenants and agrees that upon uecution of said lease with Lessor, it will construct and erect in the leased ainpace, an enclosed two (2) level pedestrian skybridge which connects the Craig Transitional Care Facility structure located east of South Clarkson Street to Craig Hospital located West of South Clarkson Street, which skybridge to be constructed will be used for the movement of patients between the Craig Transitional Care Facility and Craig Hospital owned by the Lessee . 5 . Lessee shall have plans and specification, for said 1tructure prepared by a registered profeaaional engineer and approved by the City's Engineer and City's Chief Building Inspector. The structure 1hall be completed in every respect according t.o said plans and specifications and to the aat.iafact.ion of the registered professional engineer who shall supervise the construction thereof. Lessee shall further obtain the necessary permits from Lessor for the construction of said structure and pay all proper fees for the same, and comply with all building and zoning regulations of the City of Englewood and the St.ate of Colorado which shall at any time be applicable to the particular 1t.ructure, or the construction and maintenance thereof. 6 . Lessee shall maintain said structure in a safe condition and regulate the use and occupancy thereof so that the structure or the use thereof will not be a hazard or danger t.o the persona or the property of the public using the street below said structure. 7 . Lessee shall maintain and keep in force during the term of laid lease, public: liability insurance in the minimum amount of Five Hundred Thousand Dollars ($500,000) for multiple claim1 ari1ine out of an accident involving said structure or the use or occupancy of the leased premises. Leasor, in the policy, shall be held harmless from all c:laim1 , liabilities or causes of action ari1ing out of any injury t.o any person, penon1 or damap to real or penonal property arising out of construction, maintenance, destruction or di1mantling of 1aid structure or from the collapse of said structure or which may arise by reason of any material or thing whataoever fallinc or beine thrown from said 1tructure. A certificate of insurance in the aaid sum noted above, including Leasor 81 a party insured , aha II be deposited with the City Clerk of the City of Enelewood prior to the construction of said atruc:ture. Minimum coverage for the benefit of the City shall at all times be the amount of maximum liability for cities under the Colorado Governmental Immunity Act . .... • 0 ., I • • 0 . , . .. . .... I • • • • Craig Hospital agrees to indemnify and hold harmleu the City of Englewood, its officers, employees, insurers, and self-insurance pool, from and againllt all liability, claims, and demands, on account of injury, loH, or damage, of any kind whatsoever, which may arise out of or are in any manner connected with this Lease . If such injury, loss, or damage is or is claimed to be caused in whole or in part by the act, omiHion, or other fault of Craig Hospital, or any partner, officer, or employee of Craig Hospital, leuee agrees to inveatipte, handle, respond to, and to provide defense for any such liability, claims or demands at the sole expense of Craig Hospital and agrees to bear all other -ta and expenses related thereto, including court costs and reasonable attorney fees . Lessee shall indemnify and save harmlen City, its off'"-,s, employNS and agents, against any and all claims, damages, act.ions or e&UMI el action and expense to which it or they may be subject.eel by reuon rA IAIIN'1 inatallation being located within and acrou the property el the City or by reason el any work done or omi11ion made by Lessee, its agents or employee1, in connection with the construction, operation, modification, replacement, maintenance, repair or removal of Le11ee's installation . If the construct.ion of all or any part of Lessee 's installation is to be performed by an independent contractor under contract with Leuee, Lessee shall IO notify City and shall incorporate the stipulations and conditions of this Lease into the contract specifications and cause the independent contractor, prior to commencement of the work, to be licensed and bonded in amounts and with companies 1ati1factory to City, which will protect City from any loss or damage resulting from the work performed by the contractor. 8 . In the event of condemnation of either or both buildings by any governmental authority or agency requiring the use of or taking all of, or a m•r portion of either one or both of the buildings owned by Le1aee which are connected by said structure, to the extent that either or both buildinp would not require the continued use of the structure, this lease shall be terminated as of the time Lessee surrenders the use and occupancy of aaid structure and building or buildings and has said structure removed pursuant to the provi1ion1 of this leue . It is further understood that in the event el condemnation or acquisition by any governmental authority or agency of all or a part of either one or both of the buildings owned by Lessee, the value of said overhead structure or any leasehold interest crea~ hereunder, ,hall not be an element of damages nor in any way be considered 81 a factor of valuation of the property acquired . 9 . Lessee shall, upon demand by Lessor, pay such charges a1 may be incurred by Lessor for the removal of any facilities, utilities or structures betwNn the street lines and underneath and above the proposed structure which are made necessary by reason of the construction of the 1tructure. 10. 11 . Lessee shall not place any sign on the outside of the 1tructure except for any official traffic 1icn required by Le1aor . In the event of the destruction ofaaid ltructure by an act of God, public enemies, or by reaaon of riot or insurrection, thi1 lease shall terminate, and Le-shall not be required to pay any further rent to Lesaor. H-ever, in the event 1.es- 1hall recon1truct the 1tructure, or any portion thereof demolished, commencing ...... "' - • . .. I • • 0 , 2 I • • ,.. • • within one year of the destruction, Leuee shall pay rental for any period during which the structure was destroyed and inoperative. 12. Leasor, by its officers, agents or employees, may at all reaaonable ti-enter upon said leased area to view the condition oft.he ltructure and require any and all necessary repairs and alteration, thereto for the public safety and well- being. 13. In the event default shall be made at any time by Lesaee in payment of rent and such default shall continue for a period of thirty (30) days after wriUen notice thereof by registered or certified mail to Lessee by Lessor, or if default shall be made in any of the other terms and condition, to be kept, observed and performed by Lesaee, and such default shall continue for thirty (30) days after written notice thereof by registered or certified mail to Leuee from Le1110r, then LelllOr may at any time thereafter, prior to the curinc of1uch default within reasonable time, declare the term of said lease ended and terminated by civinc Lenee wriUen notice of such intention . And, if pos1e1sion of the demised area is not immediately surrendered, Lessor may re-enter thereon for possession itself thereof' and declare said lease to be terminated. In such event, Lessor may require that Lenee remove and demolish said structure at its own expense or Leasor may remove or demolish said lltructure and require the payment of the expense thereoffrom Lessee to Lessor within thirty (30) days thereafter. 14. Upon termination of lease, Lenee and Lessor further covenant and acne that Le,see shall yield up the area without further notice, but before the surrender of said area, Lessee shall cause the atructure to be demolished and removed and the area returned to the ume condition •• it wa1 in when first acquired by Lessee . In the event of the failure of Lessee to so remove uid structure 1ix (6) months after termination of lease, they shall pay liquidated damaps to Lessor in the sum of One Hundred Dollen (SlOO) for each and every day they remain in po11 .... ion of said area after the expiration of six (6) months from the termination of said lease. 15. The term "parties to said lease" shall include the successors and auips of Lessor and Lessee, respectively . IN WITNESS THEREOF, the parties hereto have siped this lease the day and year fint above wriUen . LESSOR : LESSEE : THE CITY OF ENGLEWOOD, COLORADO CRAIG HOSPITAL By· Thomas J . Bumi, Mayor ATTEST : Loucrishia A. Ellis, City Clerk ..... .. I • • 0 '32xl • • • ·, • EXHIBIT CRAIG HOSPITAL CLARKSON STREE:T PEDr~STRIAN OVERPASS I I h 116°59'57" aur WNIW,..& .... ~ .. ___ ............... ._,. . .,... ... ... .. -~.,.,. ... • ........ ... -., .... I -.,,.._ -----11,-....----,.I ' ,,,, ·- •11••• • . L.l\.li.i....l SCALE: 1• • 20' . .. CRAIG 1RANS11IONAL CARE SOUTH CI.AMSON S1R£ET OVERPASS . . I . • 0 1 J2 x l - • • • • • '· 10 b iv BY AUTHORITY ORDINANCE NO . U SERIES OF 1995 COUNCIL BILL NO . 54 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECTION 7, SUBSECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985, INCREASING THE BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF THE ENGLEWOOD NON- EMERGENCY EMPLOYEES RETIREMENT PLAN BY 3%. WHEREAS, the City Council approved Ordinance 34, Series of 1969, which established the Non-Emergency Pension Plan; WHEREAS, Ordinance No. 58, Series of 1975, eliminated employees' contributions and amended the method for calculating benefits to the Non-Emergency Pension Plan ; and WHEREAS, Ordinance No. 11, Series of 1983, amended the method for calculating benefits; and WHEREAS, Ordinance No . 37, Series of 1987, restating the Non-Emergency Pension Plan; and WHEREAS, Ordinance No. 56, Series of 1991, increased payment amounts to recipients and amending certain sections of the Plan to comply with tax law changes; and WHEREAS, Ordinance No. 25, Series of 1993, was the last amendment which increased benefits to the retired members and beneficiaries of the Non-Emergency Employees Retirement Plan by 5%; and WHEREAS, effective January 1, 1996, the monthly benefits of Retired Memben and Beneficiaries whose payments commenced prior to July 1, 1995, shall be increased 3%; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon L The City Council of the City of Englewood, Colorado hereby gives approval of a 3% increase for Retired Members and Beneficiaries by amending Title 3, Chapter 6, Section 7, Subsection 7, of the Englewood Municipal Code 1985, which shall read as follows : 3-6-7 · 7: INCREASED BENEFITS FOR RE11RED MEMBERS AND BENEFICIARIES: Effective July 1, 1993, all Members and Beneficiaries who se payments commenced before January 1, 1993, shall receive a five percent (5%) increase in their pension payments subject to future adju1tment aa determined by the Board. (Ord . 25 Series 1993 ) -I - ' . , " I • • 0 '32xl • • • • • <. EFFECTIVE JANUARY l, 1996, ALL MEMBERS AND BENEFICIARIES WHOSE PAYMENTS COMMENCED BEFORE JULY 1, 1995, SHALL RECEIVE A THREE PERCENT (3%) INCREASE IN THEIR PENSION PAYMENTS SUBJECT TO FUTURE ADJUSTMENT AS DETERMINED BY THE BOARD . Introduced, read in full, and passed on first reading on the 21st day of August, 1995. Published as a Bill for an Ordinance on the 24th day of August, 1995. Read by title and passed on final reading on the 5th day of September, 1995. Published by title as Ordinance No. __. Series of 1995, on the 7th day m September, 1995. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1995. Loucrishia A Ellis -2 - ,. - . ' .. I • • 0 '32xl • ORDINANCE NO . di SERIES OF 1995 ' • • • BY AUTHORITY t• 10 b V COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CITY DITCH/HIGH LINE CANAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY AND COUNTY OF DENVER, COWRADO. WHEREAS, Englewood and Denver wish to arrange for delivery of water to each of them from a ditch owned by the other; and WHEREAS, Englewood desires deliveries from the High Line Canal and Denver desires deliveries from the City Ditch; and WHEREAS, the High Line Canal (MHigh Line") is owned and operated by Denver; and WHEREAS, an outlet from the High Line is used by Englewood to supply water to McLellan Reservoir; and WHEREAS, Englewood owns and operates the City Ditch from Chatfield Reservoir north to Harvard Gulch blow-off; and WHEREAS, Denver owns the City Ditch from Harvard Gulch north to its terminus; and WHEREAS, Englewood uses City Ditch to convey water for Englewood'• UN to McLellan Reservoir and Allen Filter Plant and alao to supply variou1 contract 111er1 who divert from City Ditch south of Harvard Gulch; and WHEREAS, Denver uses deliveries from City Ditch to supply water to parka and to contract users below Harvard Gulch; and WHEREAS, Denver's rights to deliveries from City Ditch at Harvard Gulch and Englewood's rights to deliveries from the High Line are contained in a aeries of contracts, but are due to expire on November 1, 1998; and WHEREAS, Denver and Enrlewood deaire to eztend the term of their re1pective riehts to deliveries from City Ditch and the Hieh Line Canal; and WHEREAS, after review by the Enelewood Water and Sewer Board at their A111111t 8, 1995 meeting, the Enrlewood Water and Sewer Board recommend, approval; • I • ..... ,. - • . I • • 0 • • ,. • • . . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5cs;tjgn 1. The " City Ditch/High Line Canal Agreement• between the City of Englewood and the City and County of Denver i1 hereby ac:c:epted and approved by the Englewood City Council. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Enelewood, Colorado. 5cs;tjgn 2. The "Settlement Agreement• i1 attached aa ·Exhibit A·. Introduced, read in full, and paned on fint reading on the 21st day of August, 1995. Published a1 a Bill for an Ordinance on the 24th day of August, 1995. Read by title and palled on final reading on the 5th day of September, 1995 . Published by title as Ordinance No. _, Series of 1995, on the 7th day of September, 1995. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing i1 a true copy of the Ordinance paned on final reading and published by title as Ordinance No . _, Series of 1995. Loucrishia A. Ellis -2- "' - • . , .. I • • 0 '32xl • • "' -• 0 - -Ol /09 /95 07 :55 'lt303 IZI 1471 DENVER WATER LCL (iOOZ /OlZ EXHIBIT A Clff DITCII/HGa I.DIS c:mL AGUII i THIS AGREEMENT is made and entered into as of the day of , 1995, by and between the City and County of Denver-;--ictin9 by and through its Board of Water co .. isaioners, a aunicipal corporation of the State of Colorado ("Denver•), and the City of Englewood, a municipal corporation of the State of Color.ado c•EnglewoocS-). A. Englewood and Denver wiah to arrange for delivery of water to each of them from a ditch owned by the other. Englewood deairea deliveries from the High Li~e Canal, and Denver deairea deliveries from the City Ditch. B. The High Line Canal (•High Line") is owned and operated br Denver. An outlet froa the High Line ia used by Englewood to aupp y water to McLellan Reservoir. c. Englewood owns and operates the City Ditch fro• Chatfield Reservoir north to Harvard Gulch blow-off. Denver owns the City Ditch from Harvard Gulch north to its terminus. Englewood uaea City Ditch to convey water for Englewood's use to McLellan Reservoir and Allen Filter Plant, and also to supply various contract uaers who divert from City Ditch south of Harvard Gulch. Denver uses deliveries from City Ditch to supply water to parka and to contract users below Harvard Gulch. D. Denver's rights to deliveries froa City Ditch at Harvard Gulch and Englewood's rights to deliveries from the High Line are contained in a series of contracts, but are due to expire on November 1, 1998. Denver and Englewood deaire to extend the term of their respective rights to deliveries from City Ditch and the High Line. Therefore, the parties have agreed as follows: 1.1 Deliveries to Englewood. Whenever Denver is running water in the High Llne at least as far aa the turnout to NcLellan Reservoir, Denver shall divert at the High Line diversion dam not less than 5 cubic feet per second (cfa) and up to 60 cfa of Englewood's water. Englewood shall deteraine the &110unt of its water to be diverted, up to a maximum of 60 cfs. Denver shall continue to operate the High Line for deliveries to contract users north of McLellan Reservoir under the 1879 High Line priority. 1 .2 Notice. Denver ahall give Englewood reasonable advance notice of the time when Denver will begin running water through the • - .. I . • 0 ' • • • • 0 I • • UII /Ull /115 U7 :5ti U3o3 121 1471 DENVER WATER LGL !i003 /DU High Line. When Denver notifies Englewood that water is running in the High Line, Englewood shall give Denver 48 hours advance notice of the amount of its water to be diverted, including rate and duration of flow. Denver shall make all reasonable and practical efforts to . comply with Englewood's directions concerning cOlllllenceaent tiae, rate and duration of flow. Denver has the right to terllli.nate diversions of Englewood's water, so long as all diversions of water into the High Line are terminated at the saae tiae. 1.3 Measurement and Ditch Losa. Englewood aball bear a ditch loss of 16 per cent liCII of Ite water, diverted at the Hi9h Line diversion d .. , as measured at the 9a9e adjacent to Platte Canyon Reaervoir, for delivery to HcLellan Reservoir. The deliveries of Englewood's water will be measured at the ga9e on Dad Clark Gulch between the High Line and McLellan Reservoir. For exa111Pl•, if 60 cfs ia diverted for Englewood at the diversion daa, 50.4 cfa shall be delivered through the Dad Clark gage. In the ev~t that any improvements are made to the High Line which decrease its seepage loases, the amount of ditch loss which Englewood must bear shall be appropriately reduced. 1.4 Waiver by Denver of Ditch losses. Notwithstanding paragraph 1.3, Denver shall, to the extent le9ally permissible, waive the 161 carriage loss when Denver is carrying Englewood's water in the High Line along with water diverted by the High Line 1879 priority; provided that, Denver is not prohibited, for reasons beyond its control, from constructing the improvements proposed in paragraph 2.1.2. Englewood shall continue to bear the 161 carriage loss whenever Denver is not diverting under the 1879 Hi9h Line priority (i.e. the Antero Contract Runl. llhenever the 161 carriage loss is waived, Denver's aaximum diversion and delivery rate for Englewood shall be reduced frOIII 60 cfs to SO cfa. 1.5 Water ~ality. Denver aakea no warranty as to the quality of the water dei~ered to Englewood, and Englewood will accept saae •aa is•. 1.6 Maintenance Reeponsibility . Denver ahall operate and maintain the High Line for delivery of En9lewood'a water to McLellan Reservoir. En9lewood shall pay a proportionate share of operation and maintenance costs as described in paragraph 1.7 . Englewood shall aaintain the present measuring fluae at the HcLellan Reservoir turnout, at Englewood'a sole expense . 1.6.l Shut-off of deliverie1. Denver ahall perform any maintenance work requiring either a coaplete or partial ahut-off of deliveries in the High Line with the utmost expediency to minimize water lo1sea. Except in eaergency situation•, Denver shall notify Englewood of all coaplete or partial shutoff at least 48 hours in advance. · · 1.6.2 Annual Inspection. Representatives of En9lewood and 2 .. ..... •• ,. - . , . . . ""' I • • 0 ' '. • • • • (, 01 /01115 07 :57 ttJOJ Ill H71 D11M!1t WA 11!lt I.CL aoovou Denver will perform annual joint inapections of the High Line to deteraine maintenance work required to continue to deliver the rates of flow set forth above. The inspection of the Hi9h Line will be limited to the reach between the South Platte River diversion dam and the McLellan Reservoir turnout. The annual inspection shall be made ao that all required aaintenance work will be coapleted, t? the extent practical, prior to April 1. 1.7 Enrewood'a Share of ew Line ExpenHa. EncJlewood aball pay a propor ional abin of the rd1 a annual Rlp Line adlllinistration, operation and aainteoanc:e expenaea(includ1n9 depreciation) on that portion of the canal free and includ1n9 the Hi9h Line diveraion daa to McLellan Reeer,oir (a dlatance of 16 miles, aore or l•••>. Denver will not cbar9e Englewood for High Line capital coat•, defined aa the conatruction of new pbY9ical structure• or illlpro,,...nt• to exiating atructur•• that will ba,,. a uaeful life of five years or aore(except for depreciation which shall be included in operation and aaintanance expen••• and calculated under generally accepted accounting procedures consistently applied). Englewood's proportional share of those coats aball be baaed on the ratio of the volume of water diverted for Englewood at the High Line diversion daa to the total aaount of water diverted by the High Line froa the South Platte River. 1.7.1 Calculation. The CQlll)Utation of EncJlewood'• share of coats shall be in accordance with the following foraula: C& • (16/63.6) x Ca x (Qs/QII). Where: 16 63.6 • - • c. - Length of the High Line in llilH froa the High Line ·dlveralon daa to tbe turnout for NcLellan ReHrvoir on Dad Clark Gulch. Length of High Line in 1111•• froa Bi9h Line di911raion daa to it• terlliAua at tbe Rocky Mountain Araenal tunaout. Thia distance aay change in the future depencling on Dennr'a operationa. Total annual Higb Line d1911raion, in acre-feet aa .. aaured at tbe 9a9e adjacent to Platte canyon _ lleHl'YOir • Total annual aaount of Englewood water diverted or delivered into tbe High Line, in acre-f .. t, aa .. aaured at the .gage adjacent to Platte canyon Reaervoir. The Board'• total annual coat• for 3 ..... . ' • . .. I . • 0 , • • • • 0 • OS /09 1 95 07 :58 tt3o3 au 1471 DENVER WATER I.CL (i005 /0lZ CE - administration, operation and maintenance of the High Line (baaed upon actual miles operated by Denver). Englewood's proportional share of annual High Line coats. II. cm DrrcB 2.1 Deliveries to Denver. 2 .1.1 Baaic Delivery. D1lrin9 the period of April 1 through OCtober Ji, inclusive, Englewood shall deliver to Denver through the City Ditch at Denver's request up to 10 cfs of water at Harvard Gulch (measured at the Washington Park fluae) t•aaaic Delivery"). 2.1.2 Enla~ent of Basic Delivery. Upon replacement by Denver of approx tely 100 ilneai feet of 36 inch diameter corrugated metal pipe conveying City Ditch water between the street and alleyway adjacent to the residence at 3018 S. Grant Street, Englewood, Englewood shall deliver, at Denver's request, up to 13 cfs to Harvard Gulch, but no sooner than April 1, 1997. Denver shall also be responsible for improveaents,if any,· to the City Ditch north of and including H&llpden Avenue to enable the delivery of 13 cfs to Harvard Gulch. Englewood shall be responsible for any maintenance activities necessary to convey the 13 cfs to Harvard Gulch. AU surveys, engineering and other studies, and construction in connection with any iaprovements shall be perforaed at Denver's sole expense. Englewood shall cooperate fully in allowing any neceaaary investigations and construction. No such conatruction, however, shall be perforaed without the prior written consent of Englewood, which shall not be unreasonably withheld. Denver shall coaply with Englewood's reasonable design standards or criteria in aaking these illprov-ents. After 1atisfactorr coapletion of aucb repac-ent and improvements, Englewood shal deliver 13 cf1 to Denver at Harvard Gulch, froa April 1 through OCtober 31 of each year. Denver will allow Englewood until April 1 1997 to perform maintenance activities(including the re.oval of silt or debris) neceaaary to deliver the 13 cf1. 2.1.3 Location of Other Deliverie1. Denver may require Englewood to deliver, through the City Ditch, any portion of the 13 cfs otherwise deliverable at Harvard Gulch to any exiating delivery structure or structure, south of Harvard Gulch for irrigation of parks, open apace, and golf courses of Denver or its customers. Such deliveries shall be in addition to the deliveries which Englewood is already required to aake to existing contract users south of Harvard Gulch. If Denver wishes to utilize new delivery atructurea, Denver shall pay to .. - 4 • ...... ., I . • 0 , • • 0 • 08 /09 1 95 07 :59 tt303 IZI 1471 DENVER WA'IU LCL !ilOOI/OlZ Englewood the full co•t of the construction of the new delivery structures. Englewood shall perform the construction during periods when no interruption of flow will be neceaaary. 2.1.4 Interruption of Deliveries. In •eaergencr situations." Englewood may temporarily reduce or elia nate the deliveries of 10 cfs or 13 cfa pursuant to paragraph 2.1.1 or 2.1.2, reapectively to Denver at Harvard Gulch (or south), so as to increase the flow in City Ditch available for diver•ion into Englewood's Allen Filter plant. An •eaergency situation• ia defined as a casualty, such aa an accident, aecbanical breakdown, burst pipe, flood, preaence of a baraful 'pollutant which ia a threat to the health and aafety of Englewood'• .reaidents, earthquake, fire or windstorm, which cauaea Englewood to be unable to make full u•e of ita point• of diver•ion from the South Platte River or Bear Creek, other than City Ditch. In the event of an interruption due to an eaergency situation, Englewood shall take all reaaon&ble and practical actions to enable it promptly to reauae full deliveries to Harvard Gulch or such other location as Denver may desire. If the reduction or elimination of deliveries at Harvatd Gulch (the reduction) lasts for less than 24 hours, Englewood shall not owe Denver any compensation. For anr period of reduction in exceaa of 24 houra, Englewood ahal pay Denver for the amount of water not delivered due to the interruption to the extent the interruption lasts more than 24 hours. For example, in event of a interruption that lasts 30 hours, Englewood would owe Denver for the amount of water not delivered for the last six hours. Englewood shall pay Denver for such water at Denver's lowest then current Outside City raw water rate when the interruption occurs. 2.1.5 Interruption for Maintenance. Englewood shall perform any maintenance work requiring either a coaplete or partial shut-off of deliveries in City Ditch with the utaost expediency to ainillize water loHea. Englewood shall, except in emergency situations, notify Denver of all caaplete or partial shutoff at least 48 hours in advance. 2.1.6 Water Quality. Englewood makes no warranty as to the quality of the water delivered to Denver, and Denver will accept saae "as 1a•. 2.2 Englewood'• ~erational aea~naibility. Englewood shall continue to operate an maintain City Itch lroa the Chatfield Reservoir outlet works to the Harvard Gulch blow-off. Inglewood shall provide water to meet Denver's delivery obligations to the present contract users on City Ditch south of Harvard Gulch, but such deliveries shall not be in excess of the contract rigbta to water which may be diverted under Denver's City Ditch priorities. 2.2.l Annual Inspection. .. - Representative• of Englewood • ..... •. .. I· • 0 • • 0 • Oll /09 /95 01:00 9303 IZI 1471 DENVER WA'Imt LCL (1007/0U and Denver will perform annual joint inapections of City Ditch to determine maintenance work required to continue to deliver the rates of flow set forth above. The inspection will be limited to the reach between the valve at the end of the Corps' Chatfield Dam outlet manifold and piping system and Harvard Gulch. The annual inspection shall be made so that all required maintenance work will be completed, to the extent practical, prior to April 1. · 2.2.2 Littleton Cemetery. Englewood accepts full responsibility for perfonaance of Denver's obligations under that certain agreement between Denver and the Littleton Ceaetery Association dated May 13, 1933, attached hereto and.aarked "Exhibit a•, so as to relieve Denver of any liability with respect thereto. Denver has assigned all its rights and obligations under that agreeaent to Englewood. 2.3 Denver's Operational ResDOnsibilit~. Denver shall continue to operate and maintain city Ditchnorth ofarvard Gulch, and shall maintain the Harvard Gulch blow-off structure at Denver's sole expense. Denver shall be solely responsible for supplying all contract users who divert from City Ditch north of Harvard Gulch from the 10 or 13 cfs to be provided hereunder. Englewood shall have no responsibility for operation or maintenance of City Ditch north of Harvard Gulch. 2.4 Fees Charaed to Contract Users. Englewood will be responsible for charging fees to contract users who divert south of Harvard Gulch, including establishing fees, billing, and receiving and retaining payments. Englewood will aaintain normal buaine1a facilities and records for such collections, and annually advise Denver of payment or non-payment. Denver will set fees, bill, receive and retain payment from contract users who divert north of Harvard Gulch. 2.5 Right of Reversion or Acguisition. Denver retains the right of reversion as to any contractual rl9ht for which an annual service charge is not paid by May 21 of any year. Denver also retains the right to acquire any contractual right in the City Ditch. Except as to those contracts that take water north of Harvard Gulch, any such reversion or acquisition shall increase the 11110unt of water which Englewood is obligated to deliver to Denver: provided that, Denver reimburses Englewood as provided in paragraph 2.6, and provided further, Denver is responaible for any iaproveaents to the City Ditch required to convey auch water north of the turnout of the contract users which Denver acquires by purchase or reversion. If Denver acquires contract inches which now divert aouth of Allen Filter Plant for delivery north of the filter plant, then Denver will make such improvements, if necessary, to prevent t~e diainution of the existing capacity (25cfal to En9lewood. 2.6 Denver's Share or City D1tch Bxpenaea. .. - ' • • ... 0 I • • 0 • • • U8 /UY /95 U8 :Ul t,303 121 1471 • 0 • DENVER WATER LCL -li!OOl /012 2.6.1 Reimbursable Expenses. Denver shall pay a portion of the annual administration, operation, and maintenance expenses (including depreciation) ("City Ditch Costa•) for the City Ditch incurred by Englewood when Englewood delivers water under the City Ditch Water Rights for use by Denver. The City Ditch Water Rights are those rights decreed to the City Ditch (a.k.a., Platte Water Company's Ditch) as evidenced by decree of the District Court of Douglas County, adjudicating water rights in former Water District No. 8, entered on Deceaber 10, 1883. The City Ditch Costs shall exclude any and all coats associated with the pump station located on the City Ditch which delivers water from the City Ditch to McLellan Reaervoir C"NcLellan Pwap Station") and costs associated with any expansion or improvements of the existing turnout froa the City Ditch which delivers water to Englewood's Allen Filter Plant. The City Ditch Costa are to be deterlllined by the sum of the following: Al operation expenses froa April through OCtober, inclusive, and maintenance expenses that occur throughout the year for that part of the City Ditch north of the McLellan Pump Station multiplied by the ratio of the annual volume of water diverted under the City Ditch Water Rights divided by the total of the annual volume of water diverted under the City Ditch Water Rights plus the annual volume of all other water Englewood may deliver to the Allen _Filter Plant north of the McLellan Pwlp Station; plus Bl sixty percent (6011 of the operation and aaintenance expenses from April through October, inclusive, for the part of the City Ditch south of the McLellan Pump Station; plus Cl sixty percent (601) of only the maintenance expenses from November through March, inclusive, for that part of the City Ditch south of the McLellan Puap Station. The 601 represents the percentage of the current capacity (58cfsl of the piped portion of the City Ditch between Chatfield outlet manifold and the McLellan Pump Station that the foraer open ditch could carry through this reach (35cfs). Denver's portion of the City Ditch Coste shall be determined by taking the City Ditch Coats calculated as described above and multiplied by sixty one percent (6111. Thia factor shall r ... in constant even after Denver makes improveaenta to the City Ditch conduit puraU&nt to paragraph 2.1 .2. and increase• its right to receive water thereby, provided however, that should Denver succeed to the rights of any present contract users south of Harvard Gulch, Denver shall pay six (61 percent of total City Ditch Costa for each one cubic feet per second of water to which Denver succeeds (fractions of a cfs to which Denver succeeds shall be prorated). An example of a calculation of the City Ditch Costs is depicted in Exhibit A. 7 I . • 0 , • • • 0 • 08/08 /85 01 :03 1t303 128 1478 DENVER WA11!R I.CL lilOOI/OlZ 2.6.2 capital Costs. Englewood shall not charge Denver for City Ditch capital costs(except for depreciation which shall be included in operation and maintenance expenaes and calculated under generally accepted accounting procedures conaistently applied). Capital coats are the coats for conetruction of any new physical structure or improvements to existing structures that will have a useful life of five years or more. The U.S. Army Corps of Engineers (Corps) does not presently charge Englewood for coats associated with the right-of-way for carriage of City Ditch water through the corps' Chatfield Reservoir facilities. Any future coats assessed by the Corps shall be considered an operations and maintenance expense which can be charged to Denver under paragraph 2.6.1. 2,7 Water Rights. Englewood will divert on Denver's City Ditch priorities In order to obtain the 11J10unt of water necessary for the deliveries to Denver and to the contract users other than Denver or Englewood. Denver shall not contest Englewood's claim of ownership by contract or otherwise to divert up to 3.21 cf• under the senior priority of 30 cfs decreed to City Ditch with an appropriation and priority date of November 28, 1860, as evidenced by decree of the District Court of Douglas County, adjudicating water ri9hts in former Water District 8, entered on December 10, 1883. Englewood has the reversionary right as the co-carrier only to its City Ditch contracts up to 3.21 cfs. Denver does not warrant title to or .the legal or physical availability of the 3.21 cfs claimed by Englewood. 2.8 Use of I~aired Capacity, To whatever extent the carrying capacity of the di~h Is impaired for reasons beyond the control of Englewood and until the ditch can be restored by reasonable diligence, then thi delivery rate below the obstruction shall be based upon each party's pro-rata deliveries of City Ditch water under this Agreement. If the impaired capacity ia due to failure to adequately maintain the City Ditch south of Harvard Gulch (such as reaoval of silt or reaoval of debris), then Denver'• rights to delivery up to 13 cf• shall be paraaount and Englewood'• ri9ht1 to its water secondary until the ditch is restored. 2.9 Uae of City Ditch Exce11 Ca~acity. If Englewood deteraine1 the City Ditch has excess capacity, ten Englewood will deliver Denver's remaining City Ditch entitleaent; provided that 1uch deliveries do not interfere with Englewood's prior obligation• or interfere with its(or its lessee's) present or future use of the City Ditch. 2.10 Storm Drainage into Citf Ditch. Water in excess of the needs of the uaera from the city b £ch c•exceaa water•> will be duaped aa follows: All excess water introduced or collected in City Ditch south of the turnout into Little Dry Creek will be dumped into Little Dry Creek. Excess water introduced or collected in City Ditch north of the turnout into Little Dry Creek will be dumped at the • ' - •. I· • 0 I I I;. . - • • 0 • 01 /01 /95 01 :04 0303 UI 1471 Dl!JIIVl!ll WAflll LGL 11010/0U Harvard Gulch blow-off into Denver's storm draina9e aystea. Englewood aay not redesign, reconstruct, modify or change City Ditch so as to increase the &110unt of storm drainage water that preaently collects in and is carried by City Ditch between Little Dry Creek and Harvard Gulch without the prior written consent of Denver. Any 1110dification, replacement or reconstruction of the existing dump facilities or construction of new dump facilities at Harvard Gulch shall be performed in accordance with plans and specifications prepared by an engineer accepted by Englewood and Denver as qualified and competent. · Ill. Nl8CSJl:MWOUW noVJ:IICJn 3.1 Calculation of the AIIOunt of Exi:;naes Incurred with Respect to Cita Ditch and Rlfh Line. binver and glewood•a expenses hereun er shall cons at of direct labor, aateriala, equipment, vehicles, and overhead(adainiatration, tools, benefits and leaves) necessary to perform the activities under this Agreement. Whatever type of expenses charged for by one party may alao be charged by the other. For example, if Denver includes as an adainistrative expense · an amount for payroll personnel, Englewood may also, but the amount and methodology should be baaed on the reapective expenditure• of each party. Each party shall keep reasonable and consistent records of its hours of direct labor and aupervision, material coata, fringe benefits and other payroll levies and equipaent uaage upon which ita costs are baaed and the methodology used by each party to calculate such charges. Such records shall be kept for at leaat thr .. calendar years beyond the calendar year during which they were incurred, and shall be available for inspection by representative• of the other party during all reasonable buaineas hours. Each party'• docullenta which show the method of calculation of coat• shall be aiailarly available for inspection. 3.2 Denver's City Ditch •ater Riqhta. Nothing herein shall be construed to affect binver•a ownership or ita City Ditch •ater Righta(except aa provided in paragraph 2.7). 3.3 Previous AQreeaents. Thia Agre-ent auperaedea the Agreement of February ti, 1910 and any ... ndaenta thereto. 3.4 Colorado Law. Thia Agreement shall be conatrued under Colorado law. 3.5 Integration. Thia Agreeaent conatitutea the entire agreement between the parties. It auperaedea any prior agre ... nta or understandings between the parties. 3.6 successors. The rights of each party to receive deliveriea shall be binding upon the succea1or. 9 • .. I . • 0 .. ' I r I l? ... , "' - • r • • V:tU IH HTI -.,u,uz 3.7 Pa~nt. Char9ea to each party for adlliniatration, operation an maintenance expenaea incurred durin9 each calendar year shall be billed on or before March 1, of the eucceedin9 year and payment shall be due within thirty (30) daya of receipt of billin9. 3.8 Charter Provisions. Thie Agreeaent is-• under and conformable to provisions of Sectio~s C4.14 tbro119h C4.35 of the Charter of the City and County of Denver and the proYiaions of the Charter of the City of En9lewood. Insofar ae applicable, said Charter provisions are incorporated herein and made a part hereof by this reference, and shall supersede · any apparently conflicting provisions otherwise contained in this Agreement. 3.9 Tera of Agreement. Thia Agrewnt shall be perpetual. 3.10 Effective Date. Thia Agr .... nt shall be effective on January 1, ittC for purposes of calculatin9 charges and deliverie• hereunder. ATTEST: secretary APPROVED: Planning blvlalon APPROVED: tigai bl vlalon . ATTEST: city clerk c:nr .. caanr OI' ...... acting by and through its --0, -CMIIUlaaM Bys •fr""""e"'a"'l""cii"'nee'r't---------- UGISDUD AND COUNTDSIGNSD Donald J. Mares, Auditor: 8y1 "'Ni,....yo_r ___________ _ 10 .. I. • 0 '32xl - • • • • • Ol /011 1 115 01 :08 'D303 121 1'71 DBNVl!R WATER LCL li!OU/OU Exhibit A Exunplo or Calculation for Dolorminin1 Denver's Portion or City Diecla Coltl gjmi (Example Only) Clleylation Ensl.-od'1 operation expen-from April throup October, inclusive, 111d annual maintenance expenses north or Mc:Lellm Pump Station Bqlowood'1 operation 111d mainw _,_ .. from April lhroup October, indlllive, IOUlh of Mcl.ell111 Pump Slalion Eftal•wood'1 maintmaoe ..,_ 6om November lhroup March, iacllllivo, loulh of NclAlla Pump Stllioa Annual volwne of WIier diverted under City Ditch W-Riptl Annual volume of all water delivorod by Eqlowood to Allea Treatment Plant other than City Ditch w-Riptl City Pitd\ Com 1160,000 I 10,000 I 5,000 1,100 ... ,- I) 1160,000 (1,100 Lf,l • 1147,272.73 2) 3) 60% X 10,000 • 60% x S,000 • (1,100 d. + 700 a.f.) 61% 111156,272.73 • 195,326.37 S 6,000 1--18 1156,272.73 If Dlllvor _. 10 IIICCNd 10 20 _._ of City Ditdl ~ W ._ Daw(a GOIII waald ........... 1o11owa: 20 WN1 • 0.521 cfa 31 .4 inc:Mllcfa 0 .521 era a 6% (~ IO Dia.,... 61% for ... ell)·. 3 .125% or 61% + 3 .125% • 64.125% 64.125% x SIS6,272.7J • SI00,209.19 ..... r\ ,I ,, • . I. • 0 • J!I! Iii-: ' I 1 I I ~ ! I 6 a I ji . . . I ·1· 'I •.1Jjl ,IJl1h!Jw tl .... J-l .. 11•11 i I ... ,J .. ,. ·1 J 1! !:iJJ: ·~:!111 ! I Ji-tl11I rl ·ll1i I :, I I ·I J .J I t· ·I .• J JS .. •• •1·E t 1-11 tt i 11 1~:I ! I i , Jl Jllii I a I .: 11 I 11 j11 I ,~,.,, ii ,:~111f ·I f1 i J liihti H, JI .. ..... • . , . • .. l t11, 11 : • fJ~Jlt ill I .1 :I I tl!I 111 . :J11i•f I I J :-1~)11 j I J :t .I I• J1j1J .1} 1 !1 fli1df5, ··! li'1lf1•1 I 11 .I l.t II •' l . r JI J:·11 I 1 .. ,I . :I :l!il ... :( I 1t · '··11 Iii I j tit. J • BJ j.. I • 1111 I· ·t 1.~ ljl~ 11 i~ilJ! ll ilJ 1 .. 1 1.1 • •f t-1.t .... .• 1-.. 11 !lli 111 llilil1 . 'I J fl d 1 II I • t a,: l :w ... 11 .. 1[ ,, 11 11 "' I ~, • ~. ... ij .. J~ s= .1 I 1! 'IR IA 11 u ·1 h ' . . ' . . . I . . 0 • • • • (• • ORDINANCE NO . s{) SERIES OF 1995 ' ,. BY AUTHORITY 10 b vf COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL SETTLEMENT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, CITY AND COUNTY OF DENVER. COLORADO AND CYPRUS CUMAX IIETALS COMPANY PERTAINING TO WATER RIGHTS . WHEREAS, the City of Enclewood owns water ri(hta decreed in CA 657 and Case No . W-750-78 ("Cabin-Meadow Creek Water Jlichta·) which divert from tributaries of the Fraser River in Water Division Number 6 for municipal uae; and WHEREAS, Denver owns and operates a -ter collec:tion system which diverts water under its water ri(hts from the Fraser and William, Fork River basins for municipal use; and WHEREAS, Cyprus, throuch its wholly-owned subsidiary, Climax Molybedenum Company, owns and operates the Henderson Ore Reduction Plant ("Henderson Mill") located in the Williams Fork valley, which procesaea ore from the Henderson Mine; and WHEREAS, Cyprus needs a firm water supply to insure it.a ability to process ore at maximum production capacity during periods of droucht; and WHEREAS, Denver and Englewood entered into a Water Exchanp A,reement dated March 17, 1964 ("1964 Water Exchan,e A(reement·>. and Denver, En1lewood and Cyprus entered into a Modification of the Water Exchance A,reement dat.ecl September 2, 1969 ("1969 Modification"); and WHEREAS, under the "1964 Water Exchance Acreement• and the •1969 Modification" Denver carries Cabin-Meadow Creek System water throu,h it.a water system and delivers, by trade or exchance, water to En,lewood on the South Platte River for municipal use within the Englewood Service Area, and alao operates ita Williams Fork System to provide water to Cyprus on the Williama Fork River for use in the Henderson Mill : and WHEREAS, Englewood, Cyprus and Denver qreed to 1hare the yield of water produced by the Cabin -Meadow Creek Water Rights; and WHEREAS, Englewood and Cypru1 entered into an a,reement dat.ecl September 26, 1969, as amended on September 26, 1969, whereby En,lewood and Cyprus a,rNd to jointly develop the Cabin-Meadow Creek Water Rights and to ahaN all coeta connected 11dth the development, operation and maintenance of tht Cabin-Meadow Creek Sy1tem : and • I • "' - • ~ .. I • • 0 I I f ,1 I • • • . ' • .. WHEREAS, Enelewood developed, with Cyprus' assistance, a collection system <·Cabin-Meadow Creek System") to divert and carry water diverted under the Cabin- Meadow Creek Water Rights; and WHEREAS, disputes have arisen among the parties over various provisions of these agreements and Denver's-9peration of the Cabin-Meadow Creek System which were filed in the cases consolidated under Case NO . 93 CV 5585 and (93 MDLOlO), in Denver District Court; and WHEREAS, the parties lffk to resolve all dispute• and iuuea raised or which could have been raised in Cue No. 93 CV 5585, or arisinc from Denver's operation of the Cabin-Meadow Creek System; and WHEREAS, this new A,reement supersedes the 1964 Water Euhanp Apeement, the 1969 Modification, the Sept.ember 25, 1969 Apeement and the September 28, 1989 Amendment in their entirety, and resolves all disputes and iuues raised or which could have been raised in Case No . 93 CV 5585, or arising from Denver's operation of the Cabin-Meadow Creek System; and WHEREAS, the operational requirements under the 1969 Modification have become onerous and burdensome and Denver seeks to operate the Cabin-Meadow Creek System and integrate the Cabin-Meadow Creek Water Riehts into Denver's water system under Denver's sole discretion without any constraints or objections from Enelewood or Cyprus so lone as Denver fulfil11 it1 obliption1 under the new Agreement; and WHEREAS, after review by the Englewood Water and Sewer Board at their Aucu•t 8, 1995 meeting, the Englewood Water and Sewer Board recommends approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The .. Settlement Acreement• between the City of Enelewood, the City and County of Denver, and Cyprus Climax Metals Company is hereby accept.tel and approved by the Englewood City Council. The Mayor i1 authori&ed to necute and the City Clerk to attest and seal the Acreement for and on behalf of the City of En,lewood, Colorado. Std.iPD 2 . The "Settlement Ac,eement" is au.ached as ·Exhibit A". Introduced, read in full, and pa11ed on first readin1 on the 21st day of Au,ult, 1995. Published as a Bill for an Ordinance on the 24th day of Aupst, 1995. Read by title and passed on final readine on the 5th day of September, 1995. -2- ..... • . } .. I • • 0 1 32xl - • • ·, • ,, .. Publiahed by title a1 Ordinance No. _, Seriea of 1995, on the 7th clay of September, 1995. Thoma, .J. Bumi, Mayor ATTEST : Loucri1hia A. Elli,, City Clerk I, Loucri1hia A. Elli1, City Clerk of the City of Enclewoocl, Colorado, hereby certify that the above and foreaoin1 i1 a true copy of the Ordinance puMCl on ftnal readinc and publi1hed by title u Ordinance No. _. Serie& of 1995. Low:riahia A. Elli1 .3. ,. - • . . .. .. I· • 0 '32xl • • • • 0 - <. EXHIBIT A SETTLEMENT AGREEMENT This Agreement made and entered into this day of 1995, by and between the CITY AND COUNTY OF CENVER,-acting by and through its BOARD OF WATER COMMISSIONERS ("Denver"), THE CITY OF ENGLEWOOD("Englewood"l, and CYPRUS CLIMAX METALS CCKPANY, ("Cyprus") (collectively, the "parties") , WITNESSETH: WHEREAS, the City of Englewood owns water rights decreed in C.A. 657 and Case No. W-750-78 ("Cabin-Meadow Creek Water Rights") which divert from tributaries of the Fraser River in Water Division Number 5 for municipal use; and WHEREAS, Denver owns and operates a water collection system which diverts water under its water rights from the Fraser and Williams Fork River basins for municipal use; and WHEREAS, Cyprus, through its wholly-owned subsidiary, Climax Molybdenum Company, owns and operates the Henderson Ore Reduction Plant ("Henderson Mill") located in the Williams Fork valley, which processes ore from the Henderson Mine. Cyprus needs a firm water supply to insure its ability to process ore at maximum production capacity during periods of drought; and WHEREAS, Denver and Englewood entered into a Water Exchange Agreement dated March 17, 1964 ("1964 Water Exchange Agreement"), and Denver, Englewood and Cyprus entered into a Modification of the Water Exchange Agreement dated September 2, 1969 ("1969 Modification"), under which Denver carries Cabin-Meadow Creek System water through its water system and delivers, by trade or exchange, water to Englewood on the South Platte River for municipal use within the Englewood Service Area, and also operates its Williams Fork System to provide water to Cyprus on the Williams Fork River for use in the Henderson Kill. Englewood, Cyprus and Denver agreed to share the yield of water produced by the Cabin-Meadow Creek Water Rights; and WHEREAS, Englewood and Cyprus entered into an agreement dated September 25, 1969, as amended on September 26, 1969, whereby Englewood and Cyprus agreed to jointly develop the Cabin Meadow Creek Water Rights and to share all costs connected with the development, operation and maintenance of the Cabin Meadow Creek System; and WHEREAS, Englewood developed with Cyprus' assistance a collection system ("Cabin-Meadow Creek System") by which to divert and carry water diverted under the Cabin-Meadow Creek Water Rights; and .. "" • ,. - i. , • -· ·~ I I I I:, • I· • 0 • • ,. -• 0 t• • WHEREAS, disputes have arisen among the parties over various provisions of these agreements and Denver's operation of the Cabin-Meadow Creek System. These disputes are described in the pleadings filed in the cases consolidated under Case No. 93CVSS8S (93MDL010), Denver District Court; and WHEREAS, the parties seek to resolve all disputes and issues raised or which could have been raised in Case No. 93CVSS85, or arising from Denver's operation of the Cabin-Meadow Creek System; and , WHEREAS, this Agreement supersedes the 1964 Water Exchange Agreement, the 1969 Modification, the September 2S, 1969 agreement and the September 26, 1969 amendment in their entirety, and resolves all disputes and issues raised or which could have been raised in Case No. 93CVS58S, or arising from Denver's operation of the CMC System; and WHEREAS, the operational requirements under the 1969 Modification have become onerous and burdensome and Denver seeks to operate the Cabin-Meadow Creek System and integrate the Cabin- Meadow Creek Water Rights into Denver's water system under Denver's sole discretion without any constraints or objections from Englewood or Cyprus so long as Denver fulfills its obligations under this agreement. NOW, THEREFORE, for good and valuable conaideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article I Definitions. 1.1 •Adjusted for Inflation• means the amount in the text of this Agreement, adjusted by the percentage change in the consumer price index. The adjustment will utilize the U.S. Department of Labor, Bureau of Labor Statistics, Conaumer Price Index for All Urban Consumers (CPI-U) for Denver-Boulder, CO, All Items. The adjustment will be made based on the most recent semiannual index published at the time of the adjustment as compared to the 1st half year index for 199S. If this Index is no longer published then the most comparable published index shall be utilized. 1.2 •April Meeting• means the mHting described in subparagraph 6.2.4.1. 1.3 •aasic Deliveries• means deliveries made by Denver to Englewood pursuant to Section 3.2 or as adjusted under Article VI. 1.4 •cabin-Meadow Creek System• or •a1c System• aeans all real property, appurtenances and structures associated with Englewood's right-of-way for the Cabin-Meadow Transmountain 2 ..... . • . \ ! ·.' · I r· ,;.; .. ,., •. I . • 0 1 32xl • • • t~ • Diversion, which was granted by the United States Department of the Interior under Colorado Serial number 011415, u ... nded, and acquired from private property owners as depicted by Sheets l through 11 of the Bell Survey dated March 5, 1984 attached to Exhibit G. 1. S "~C Exchanges" means the exchanges de•cribed in paragraph 3.3.5. 1.6 "Cabin-Meadow Creek Water Rights" or •occ Water Rights" means those water rights conditionally decreed in C.A. 657, District Court, Grand County and decreed absolute in Case No. w- 750-78, District Court, Water Division No. 5. 1.7 "Contract Users of Paid Deliveries" is a term defined in paragraph 3.3.5. 1. 8 "Cyprus" means Cyprus Climax Metals Company or its affiliate Climax Molybdenum Company, or the succe•sors or assigns of either of those entities, which operate the Henderson Kine and Mill. 1.9 "Cyprus Credit" means the amount of water provided to the Henderson Mill by Denver, as described in Section 4.2. 1.10 "Delivery Failure" is a term defined in Section 6.1. 1.11 "Denver" means the City and County of Denver acting br and through its Board of Nater Commissioners, a hoae-rule municipa corporation existing under the laws of the State of Colorado. 1.12 "Englewood" means the City of Englewood, a home-rule municipal corporation existing under the laws of the State of Colorado. 1.13 "Englewood Service Area" means the area within the present and future boundaries of the City of Englewood and the areas within the Denver metropolitan area that Englewood serves water under contract or lease. 1.14 "Exchange Decrees" is a term defined in paragraph 3.3.5. 1.15 "Incidental Water Rights" means those water rights changed and decreed for use at the Henderson Mill in Case No. w- 528-76, District Court, Water Division No. 5. 1.16 "Lawfully Divertible Amount" is a term defined in paragraph 6. 2. 1. 1.17 "Major Repair" means repairs made to the QIC System, as defined in paragraph 5.2.2. 3 .... "' - r',"ll ,. . •. I· • 0 • • • • 0 I • • 1.18 "Mineable Ore Reserves" means the proven and probable ore reserves attributed to the Henderson Mine in the Annual Report on Form 10-K of Cyprus AMAX Minerals Company, or its successors or assigns, filed with the United States Securities and Exchange Commission. For purposes . of this Agreement the Nineable O~e Reserves for the Henderson Mine shall be deemed exhausted and the Henderson Mine no longer in operation when the Mineable Ore Reserves attributed to the Henderson Mine are reported in an Annual Report on Form 10-K as zero. (If a Form 10-K is no longer required to be filed, then a comparable form or filing shall be substituted.) 1.19 "On Demand" means deliveries of raw water by Denver to Englewood according to Exhibit A. 1.20 "Paid Deliveries" means deliveries made by Denver pursuant to Section 3.3 or as adjusted under Article VI. 1.21 "Regulatory Action" means any action resulting in a loss . of yield to the CMC System or the CMC Water Rights by any legislature, court, administrative agency, regulatory body or other governmental agency or entity which is final or implemented and ready to be contested and which is not premised on a physical failure or inadequacy of the CMC System that can practically be repaired or restored. For example, an order of a court reducing diversions from the CMC System in order to enhance the environment would be a Regulatory Action. By contrast, an order of the Colorado State Engineer reducing the amount of water which could be stored in Meadow Creek Reservoir, because of flaws in the da, effective until repairs were made to the dam, would not be a Regulatory Action (unless the parties unanimously determined that repair was impractical and would not be done). The reduction in yield attributable to the problem with the dam would be a ·Delivery Failure", subject to Section 6.1 (unless the parties unanimously determined that repair was impractical and would not be done). 1.22 "Reusable Sources" means those sources of water owned or controlled by Denver as depicted on Exhibit B which aay be lawfully used and reused to extinction, whether by reuse, successive use or by disposition. Denver may add reusable sources to Exhibit B from time to time. 1.23 "Section" means all provisions under a two digit number including paragraphs and subparagraphs, i.e. Section 6.2. A paragraph means all provisions under a three digit number including subparagraphs, i.e. paragraph 6. 2. 4. A subparagraph means all provisions under a four digit number or more, i.e. subparagraph 6.2.4.3. 1.24 "Skylark Water Rights" means those water rights described in Exhibit F. 4 ---~-..~--=°'\ I . I 1;.1 • - • I· • 0 • • • 0 • 1.25 "Ute Park Storage Right" means the water right decreed for use at the Henderson Mill in Case No. W-528, District Court, Water Division No. 5. 1.26 "Water Year" means the aMual period from April l .to March 31. 1.27 "Williams Fork Diversion Project• means all existing and future water collection, transmission and storage facilities owned by Denver located in the Williams· Fork River watershed above the Leal gage. 1.28 "WFR Replacement Account• aeans the Williams Fork Reservoir Replacement Account defined in paragraph 4.3.2. l. 29 "Williams Fork System" means all existing and future water collection, transmission and storage facilities owned by Denver in the Williams Fork River watershed which divert and store under the decrees entered in C.A. 657 and C.A. 1430 including the · Williams Fork Diversion Project, Darling Creek extension, Williams Fork Reservoir, and any extensions or reconfiguration thereto. All Denver water rights other than those decreed in C.A. 657 and C.A. 1430 are excluded from this definition. Article II Operation ct the Henderson Mine 2.1 erations. The parties agree that for the purposes o t is reement t e enderson Mine will be deemed to be in operation as long as Minable Ore Reserves are attributed to the Henderson Mine in the Annual Report on Form 10-I< filed with the United States Securities and Exchange COlllllission by Cyprus AMAX Minerals Company or its successors or assigns. So long as Mine&ble Ore Reserves are reported for the Henderson Mine, interruption or curtailment of Henderson Mine ore production or Henderson Mill ore refinement shall not constitute cessation of operation of the Henderson Mine under this Agreement, regardless of the length of the interruption or curtailment. Copies of the Annual Reports on Form 10-K filed will be provided by Cyprus to Denver and Englewood upon request. Cyprus shall notify Englewood and Denver when no Mineable Ore Reserves are attributed to the Henderson Mine in an Annual Report on Form 10-K. (If a Form 10-I< is no longer required to be filed, then a comparable form or filing shall be substituted.) 2.2 Election. Notwithstanding Section 2.1, at any time while the Henderson Mine is in operation, and at Cyprus' sole discretion, Cyprus may elect in writing to permanently waive its right to receive water as provided under this Aqreement, and thereby terminate its rights and obligations under this Agreement. Cyprus may also in its sole discretion elect to terminate its rights and obligations under this Agreement pursuant to Section 5.5. Upon any 5 -•• •· • 0 • • 0 , • • termination of its rights and obligations hereunder, Cyprus will receive payment from Denver as provided for in Section S. 8. Cyprus shall provide prompt written notification of any such election to Englewood and Denver. Article III Denver-Enalewood Provisions 3.1 Cabin-Meadow Creek Water. Denver shall have the right to use, reuse, success1vely use and dispose of all waters produced by the CMC Water Rights and CMC System for any municipal use by Denver's customers in the Denver metropolitan area consistent with the Decree entered in Case No. w-750-78. 3.2 Basic Deliveries to Enalewood. (This Section replaces the "Denver Exchange" deliveries to Englewood under the 1964 Nater Exchange Agreement and the 1969 Modification.) 3. 2 .1 While the Henderson Mine is in Operation. While the Henderson M1ne 1s 1n operat1on, Denver shall, by April 20 of each year, designate for delivery to Englewood an amount of water not exceeding 2,700 acre feet; provided that the amount of water designated by April 20 of the current Water Year: (a) when added to the amount designated during the preceding nine Water Years, shall not be leas than 23,200 acre feet; and (bl when added to the amount designated during the preceding Water Year, shall not be leas than 2,600 acre feet. It shall be assumed that Denver designated 2,500 acre feet during each of the nine Water Years preceding the Water Year in which Denver first designates water under this Agreement. Examples are depicted in Exhibit C. 3.2.2 After the Henderson Mine Ceases ~ation. After the Henderson M1ne ceases operat1on, binver~ll, by April 20 of each year, designate for delivery to Englewood an amount of water between 1,500 acre-feet and 3,200 acre feet inclusive; provided that the amount of water deaignated by April 20 of the current Water Year: (a) when added to the amount designated during the preceding nine Water Years, shall not be less than 26,600 acre feet; and (bl when added to the amount designated during the preceding Nater Year, shall not be less than 4,100 acre feet. It shall be assumed that Denver designated 2,930 acre feet during each of the nine Water Years preceding the Water Year in which Denver first designates water after Henderson ceases operations. Examples are depicted in Exhibit C. · 3. 2. 3 Rights of Reuse. Denver retains all ri;hts to reuse, successive use and d11position of the return flows from any water delivered to · Englewood and its le11ee1 or users under Section 3. 2. En;lewood shall cooperate by 9i vin; notice and accounting informat1on necessary to allow Denver•, 6 .... , .. I \ ! . l~l .. I· • 0 f • 0 , • • identification and quantification of these return flows. Except as provided herein, Englewood shall not oppose in any judicial or administrative tribunals Denver's efforts to identify and quantify these return flows under Section 37-82- 106, 15 C.R.S.; provided that the quantification of reusable return flows from the Englewood Service Area shall be consistent with similar provisions in the decree in Case Nos. 92CW030 (paragraph 15) and any similar provisions of any lessee's or user's decrees. Denver shall not seek to IIOdify any provisions of existing decrees·for purposes of obtaining credit for return flows from the Englewood Service Area. For the purpose of preventing injury to its water rights, Englewood may participate in any judicial or adainistrative proceeding in which Denver seeks to quantify or establish the right to reuse or redivert such return flows; provided, however, that Englewood shall not restrict or illpede Denver's quantification of the reusable return flows in the manner set forth in this paragraph. 3. 2. 4 No Carry-over. Englewood shall forfeit any Basic Deliveries designated and made available by Denver if Englewood does not take delivery of the water by the April 30 following the Water Year for which the water was designated. Any forfeited water shall be retained by Denver for its sole and exclusive use. For example, if Denver designates water on April 20, 1996 for scheduled deliveries during the 1996 Water Year, then any water not taken by Englewood on or before April 30, 1997 is forfeited. 3. 3 Paid Deliveries. (This Section replacH the Nilli ... Fork and South Platte Exchange deliveries to Englewood under -the 1964 Water Exchange Agreement and the 1969 Modification.) • 3.3.1 Amount. In addition to the deliveries described in Section 3.2, Denver shall between April 1 and April 20 of each year designate an amount of water not exceeding 700 acre feet ("Paid Deliveries•); provided that the aaount of Paid Deliveries designated, when added to the amount designated in the previous nine Water Years, shall not be less than 3,200 acre feet. The Paid Deliveries shall be made available for delivery to Englewood between the May 1 and June 30 following designation. 3.3.2 Payment. For each acre foot of water delivered under this Section 3.3, Englewood shall pay Denver $64.26 which shall be Adjusted for Inflation on January 1, 2000 and every fifth anniversary thereafter. 3.3.3 Ri~hts of Reuse. To the extent that Denver delivers water un er this section 3.3 from Reusable Sources to Englewood, Englewood retains the right of reuse, successive use and disposition of the return flows consistent with 7 ..... •. ... • I . • 0 ' ·' I f · ' ··· I t·) . ~ . ,1 • • • ,, -• 0 l • • Denver's decrees. When water from Reusable Sources is physically available at the time of delivery, Denver shall deliver such water. If these Reusable Sources are not available, Denver shall deliver from storage other municipally decreed sources available to Denver. The determination of whic:. storage sources are available is within the sole discretion of Denver. Nothing in this Aqreement aball be constr".Jed as creating any obligation on Denver to have Reusable Sources in its system or requiring Denver to operate the Roberts Tunnel in any manner. · . · 3. 3. 4 No carrv-over. Enqlewood muat take Paid Deliveries before July l of the year of desi;nation. Englewood shall forfeit any Paid Deliveries dHi;nated and made available by Denver but not delivered before July l. Any forfeited Paid Deliveries shall be retained by Denver for its sole and exclusive use. Englewood is not required to pay for undelivered Paid Deliveries: however, all Paid Deliveries desigr.ated by Denver count against the amounts set forth in 3.3.1. 3.3.S Denver ODeration of CMC Exchanges. Denver may opera:e in-prior1ty exchanges under the decrees in C.A. 3635, Case No. W-8783-77 or Case No. W-8456-76 <·Excbanqe Decrees•) using water introduced into the South Platte River Basin from Englewood's CMC Water Rights or Denver'• water rights decreed from the same sources to the Moffat Tunnel Collection System in c.A. 1430 1•acc Excban9es•1. ace Excbanqes may be perfcrmed by Denver only betwHn May 1 and August 31, and may be performed only when calla are being administered for senior water rights of others on the South Platte River below the point(s) at .which OIC Exchange water is delivered into the South Platte River mainstem to satisfy the callin9 water right or to otherwise satisfy senior downstream water rights. Denver's diversions and storage from the South Platte River under CMC Exchanges shall be liai.ted to the leaser of (al 95 cfs or (bl the a.mount of water called for by downstream senior rights on the South Platte mainstem during operation of the OIC Exchanges . Under the Exchange Decrees, any OIC Exchanges to Chatfield Reservoir shall be operated under an admir.istrative date of 1976 or 1977 and to Strontia Springs Reservoir under a priority of 1962. Englewood, and any entity who is entitled to receive the Paid Deliveries pursuant to a written contract with En;lewood spec:.!ically for use of the Paid Deliveries (•contract Users of Paid Deliveries"), shall not object in any forum or manner to operation of CMC Exchanges by Denver in accordance with this Agreement. For purposes of this paragraph 3.3.S, Center.nial Water and Sanitation District ,•centennial•) under the 1977 Lease Agreement or 1980 Water Supplr Aqreaent, shall not be considered a Contract User of Paid De iveriea unleH it .. - 8 •• •. .. I . • 0 ·' . .:..:. ·11\/ • • 0 I• - is entitled under an amendment or new agreement to receive all Paid Deliveries. Before any entity including Centennial is made a Contract User of Paid Deliveries that entity must agree to abide by this paragraph 3.3.5. 3. 4 Schedule of deliveries. Denver shall make Basic and Paid Deliveries under the procedures set forth in Exhibit A. Denver shall only make available Paid Deliveries during t~e period May l through June 30 under the procedures set forth in Exhibit A. Englewood is solely responsible for caordinating any Basic and Paid Deliveries to its lessees or users. Englewood shall not request Basic or Paid Deliveries if the water is not needed for municipal purposes by it or its lessees or users. 3.5 Point of Delivery. Water designated by Denver under this Article III shall be measured and delivered into the South Platte River into or below either Strontia Springs Reservoir or Chatfield Reservoir, at Englewood's request. Stream or ditch carriage losses, if any, between the point of delivery and any other downstream points of diversion are to be absorbed by Englewood. 3.6 T{Pe of Water. Water delivered to Englewood under this Article II shall be decreed for municipal use and shall be lawfully available for storage. Denver may deliver to Englewood water decreed either for direct flow or for use by exchange only with Englewood's consent. Except as described in this Section 3.6, however, Englewood takes the type of water •as is• with respect to Denver's decrees. Nothing in this Agreement shall be construed to require Denver to change its decrees. 3. 7 Use of Delivered Water. Water delivered to En9lewood shall be used only for municipal purposes within the Denver metropolitan area and shall be used consistently with Denver's decrees. Article IV CyPrus-benver Provisions 4 .1 Cabin-Meadow Creek water. Denver shall have the ri9ht to use, reuse, successively use and dispose of all waters produced by the CMC Water Rights and CMC System for any municipal use by Denver's customers in the Denver metropolitan area consistent with the Decree entered in Case No. W-750-78. 4.2 Amount of Water Provided to the Henderson Mill. While the Henderson Mine is in operation, Denver's Wi!liams Fork System shall be exercised so as to provide up to 3,000 acre feet of water from the Williams Fork River and its tributaries for diversion and use at the Henderson Hill (the "Cyprus Credit"); provided that no more frequently than once during any ten consecutive Water Years, Denver may, by April 20 of the Water Year, notify Cyprus that only 9 " - ..---------.· ·' Lr ... ; •' 11 ~I • ...... .. .... •. " I . • 0 • • • • • 2,650 acre feet of water will be provided for diversion and uae at the Henderson Mill and that such amount will constitute the Cyprus Credit for that Water Year. Denver shall, in addition, aake available to Cyprus up to 2,200 acre feet of water each Nater Year from the WFR Replacement Account for the Henderson Kill, wbi.ch account shall serve as a source of replacement water for calls against the Henderson Mill by senior downstreaa Colorado River water rights; provided, however, that the total ~Ollbined aaount provided by Denver under the Cyprus Credit and the Wl'P. Replaceaent Acccunt shall not exceed 3,000 acre feet per year, or 2,650 acre feet during those one-in-ten years designated by Denver as described above. All water provided to Cyprus under this Section 4.2 shall be used only at the Henderson Mill for the beneficial uses described in the Ute Park Storage Right decree. The amount of water actually provided by Denver in any given year under the Cyprus Credit and the WFR Replacement Account shal~ be calculated as described in Section 4.3 below. Notwithstanding anything herein to the contrary, the parties agree that Cyprus shall not be required to estimate or designate in advance the amount of water that Denver will actually be required to provide during the upcoming Water Year for diversion and use at the Henderson Kill. 4. 3 Means of Providing Water to the Henderson Kill. Denver shall provide water to the Henderson Mill by the tollowlng .. ans: 4. 3. l Natural Flow. Pursuant to the Ute Park Storage Right, Cyprus may divert the natural flow of the Willim Fork River or its tributaries. out-of-priority dinrsiona of natural flow by Cyprus under the Ute Park Storage IU9ht against Denver's unsatisfied Willius Fork Reaervoir water rights ( as determined in paragraph 4. 3. 4) shall be debited against the Cyprus Credit, but not against the WFR Replac .. nt .a.ccount. 4.3.2 Williams Fork Reservoir Replacement Account. Denver shall ma1nta1n tor Cyprus 2,2bb acre feet per later Year in Williams Fork Reservoir for replac ... nt of out-of- priori ty diversions by Cyprus at the Henderson Kill against senior Colorado River water rights downstream of the Willius Fork Reservoir ("the WFR Replacement Account"). Any release of water from the WFR Replacement Account shall be debited against both the WFR Replacement Account and the Cyprus Credit. 4.3.3 Williams Fork Diversion Project Bypa11e1. Denver shall physically bypass water from its iil1Iw Fork Diversion Project only as necessary to enable the diversion and use of water by Cyprus at the Henderson Kill. Denver'• physical bypasses shall be required only to the extent that: (al Cyprus actually needs water for beneficial uses at the Henderson Mill described· in the Ute Park Storage Ri9ht decree; · and (bl Cyprus' nHd for water cannot be physically or 10 • ...... 'I • . .. I . • 0 . , , 2 • • • , . • legally satisfied by the natural flow of the Williams Fork River at Cyprus' point of diversion. Any IUCh phrsical bypasses made by Denver shall be accounted for as fo lows: (al to the extent physical bypasses are required to enable Cyprus to divert out-of-priority under the Ute Park Storage Right against Denver~s Williams Fork Reservoir water ri;hts, bypasses shall be debited only against the Cyprus Credit; (b) to the extent physical bypasses are required in order to make deliveries to the Henderson Mill from the Wl'll Replac••nt Account, bypasses shall be debited a9ainst both the WFR Replacement Account and the Cyprus Credit. llothing herein shall be interpreted as allowing the use by either Denver or Cyprus of bypass flows to maintain any instr•• -flows. Any physical bypasses required by Cyprus shall be Masured by the Jones Pass flume, or by any future measuring device installed to measure bypasses at Denver's Williams Fork Diversion Project. 4.3.4 Definition of Williams Fork Reservoir Fill. For purposes of determining when Williams tori Reservoir is unsatisfied under this Agreement, Williams Fork Reservoir shall be deemed to be unsatisfied during any Water Year until the sum of the following is equal to or greater than the physical capacity of Williams Fork Reservoir: (i) the total storage contents in Williams Fork Reservoir on April 1 of the Water Year, plus (ii) the volume of natural inflow thereafter through March 31 of the HM Water Year into Nillius Fork Reservoir when it is in-priority against any aainst .. senior call, minus (iiil the amount of natural inflow into Nilliau Fork Reservoir bypassed to satisfy aenior r1CJhts on the Williams Fork River below Williams Fork Reaervoir, and ainua ( 1 v) the amount of natural inflow into Nilliau Fork Reservoir bypassed to satisfy instream flow requirements below Williama Fork Reservoir. Nothing herein shall be construed to subordinate Cyprus' Ute Park Storage Right against Denver's Williams Fork Reservoir 1956 priority. once Williama Fork Reservoir is satisfied, then the accounting of any previous out-of-priority diversions by Cyprus on its Ute Park Storage RiCJht durin9 that Water Year which were credited to deliveries under Section 4.2 aball be changed to show such diversions as having been made under the Ute Park Storage Right. 4. 3. 5 Accounting. Denver and Cyprus shall develop annual accounting and procedures to implement Section 4.3. 4.4 Legal or ~hysical impossibility. If the aeans of providing water to t e Henderson AI11 GHcribed in Section 4. 3 becomes legally or physically invalid, iapoaaible, or unenforceable, Denver and Cyprus shall proaptly develop as siailar as possible a revised method of credit and provision. Thia 11 • . 0 I. • 0 I I r,, • • • • 0 !~ - Section, however, shall not be construed as precluding or impairing in any way Cyprus' right to specific performance of Denver's water delivery, replacement, and bypass obligations under Section 4.3. 4. 5 No car)&-over. Any portion of the Cyprus Credit or the MFR Replacemen~count not used by Cyprus during the Water Year shall be forfeited. The forfeited water shall be retained by Denver for its sole and exclusive use. Nothing herein shall affect Cyprus' right to store water and reuse water after the milling process. If, however, Cyprus stored water provided by Denver under any of the means described in Section 4.3 it shall be debited as described in Section 4.3. Article V Operations, Costs and Payments 5 .1 Opera-:ion of the CMC System. Denver will operate, maintain, ana repu.r the die System in the manner hereinafter provided. If scheduled maintenance of the CMC System is necessary, such maintenance will be performed at a time which will minimize the occurrence of a ·Delivery Failure• under Section 6.1. 5.2 Englewood's and CYJ?rus' Financial Obligations. 5.2.l Operation and Maintenance Coats. In addition to the payments required under Section 3.3, Englewood shall reimburse Denver for the operation, maintenance, and llinor repair and replacement coats incurred by Denver in operating the CMC System. Costa shall include direct labor, overhead (including administration, benefits, leaves and tools), materials, equipment and vehicles for all activities required to operate the CMC System. Minor repair and replacement costs means costs which are not Major Repairs described in paragraph 5.2.2. After the Henderson Mine ceases operation, the costs described in this paragraph 5.2.1. shall be shared equally by Englewood and Denver. 5.2 .2 Major Repairs. -X.jor Repair,• for purposes of this Article v, sha!i mean any major repair, maintenance or replacement work on the CMC System likely to involve an expenditure of more than $20,000.00, which amount shall be Adjusted for Inflation on January 1, 2,000 and every fifth year thereafter. If, in the reasonable determination of Denver's operating personnel, a Major Repair is necessary, Englewood shall be responsible for the costs of the Major Repair in the manner described in this paragraph. In making its determination, Denver shall apply, insofar as practical, the same standards it uses in making decisions on major repairs to its Fraser River Diversion Project. If in Denver's judgment an emergency exists, Denver may proceed with the Major Repair immediately, and Englewood shall reimburse Denver .. - 12 •• · ' .. :.: . ·1 t\ 1 ; I· • 0 • • 0 • for the costs as described in paragraph 5. 2 .1. If an emergency does not exist, Denver will consult with Englewood and Cyprus prior to making its determination on the need for a Major Repair and provide to them Denver's estimate of the cost of the Major Repair. Denver's determination of the need for a Major Repair shall be made or confirmed by Denver's Superintendent of Source of Supply (or the person who supervises the operation of the ~C System). Englewood shall notify Denver in writing within 30 days of Denver's notice of determination whether Englewood elects to arrange to have the work performed by a third party or requests Denver to perform the work. If Denver performs the Major Repair, Englewood shall reimburse Denver for associated costs. Costs shall include direct labor, overhead (including administration, benefits, leaves and tools), materials, equipment and vehicles for all activities required to perform the Major Repair. If a third party performs the Major Repair, the design and performance of the work shall be approved by Denver. After the Henderson Mine ceases operation the costs of any Major Repair shall be shared equally by Denver and Englewood. 5.3 Pa~ents b!ii Englewood to Denver. Englewood shall pay to Denver any o the c arges or reimbursable costs required by this Agreement within 45 days after Denver submits a monthly statement to Englewood. Englewood and Cyprus may inspect Denver's financial accounts containing the data on which any statement for such charges or reimbursable costs is based at any time during normal business hours. 5. 4 Payments by Cyprus to Englewood. While the Henderson Mine is in operation, Cyprus shill reiiburse Englewood 551 of the costs paid by Englewood to Denver under Section 5.3; however, Cyprus shall not be required to reimburse Englewood for its payments to Denver under Section 3.3. Cyprus shall pay Englewood within 45 days after Englewood submits a aonthly statement. 5.5 Termination and Reduction of Cyprus E~ense Payments to Englewood. Cyprus' obligation to reimburse En~ewood for 551 of the costs incurred by Denver in operating, maintaining, repairing, or replacing the CMC System shall terminate when the Henderson Mine ceases operation, or if Cyprus elects in writing to permanently waive its right to receive water under this Agreement. Nevertheless, with respect to any Major Repair, Cyprus may in its sole discretion elect to reimburse Englewood for only that portion of the benefit of the Major Repair that will accrue to Cyprus during the operation of the Henderson Mine. In order to make such an election, Cyprus shall inform Englewood and Denver in writing of the number of years that the benefit of the Major Repair will accrue to Cyprus, and shall designate a date at the end of which period the Henderson Mine's operations shall cease for purposes of this Agreement. Cyprus' reimbursements to Englewood shall then be determined by dividing the cost of the Major Repair by the number 13 -·~--...---,.,.--. ,• \ I · ' ,.. I 1 · . -•• '!'I • ' - I· • 0 '32xl • • • - '· of years of the expected life of the Major Repair; multiplying the resulting quotient by the number of years remaining for the life of the Henderson Mine; and multiplying that product by 551. If Cyprus elects to make a reduced reimbursement to Englewood for a Major Repair as provided in this Section, then the Henderson Mine shall be deemed under this Agreement to cease its operations on the date designated by Cyprus in its written notice. Cyprus' rights and obligations under this Agreement shall terminate on the date designated by Cyprus, and Denver's payment obligation to Cyprus under Section 5.8 shall apply. · 5. 6 Payments by Cyprus to Denver. Cyprus shall reimburse Denver for any operation, maintenance, minor or aajor repair costs specially incurred by Denver in the operation of its Williams Fork System for the limited purpose of providing water to Cyprus under Article IV. Cyprus shall pay Denver within 45 days after Denver submits a statement. 5.7 Failure to Pay by Enalewood or Cyprus. Should Englewood fail to pay charges or reim.cursible costs to Denver when due, Denver shall cease deliveries to Englewood until such charges are paid in full. If Cyprus fails to pay Englewood under Section 5.4, then Englewood shall notify Denver and Denver shall not provide water under Section 4.2 to Cyprus until such charges are paid in full. 5. 8 Denver ·~ayments to Cyprus. After the Henderson Kine ceases operat1on,ver slii11 pay to Cyprus the sum of $367,500.00 in then current United States money in three equal installments, the first of which shall be due within 21 days of receipt of written notice from Cyprus that the Henderson Kine has ceased operation under Article II with the second and third installments to be paid on the first and second anniversary dates of the first payment. Article VI Delivery Reductions 6.0 Delivery reduction. Denver's obligation to designate and make deliveries to Englewood under Article III and provide water to Cyprus under Section 4 .2 may be reduced in a manner provided below . 6.1 Delivere Failure. In the event delivery of water to Denver from the CM System u interrupted or reduced due to reasons other than the lack of physical supply, or Regulatory Actions under section 6.2, such as structural failure of the ace systea or shutdowns for maintenance (collectively ·Delivery Failure•), Denver's obligation to deliver any amounts designated will not be modified if Denver's water requirements are satisfied. Denver's water requirements from the QIC System will be conddered satisfied when (al water that is lawfully and physically available for 14 ---~-,-~. I I I •,, l;.1' ...... •. ' I . • 0 • • • I • • or bypassed because of the lack of demand in Denver's service area; and (bl all water available for withdrawal from Meadow Creek Reservoir during the same year is either withdrawn or physically capable of being withdrawn by October 31st of that year. If Denver's water requirements are not satisfied, the parties will work towards a mutually satisfactory arrangement to address shortages to Denver resulting from the Delivery Failure. If such an arrangement cannot be reached, then Denver's obligation to deliver the amount of water designated the previous April 20 under Article III will be reduced pursuant to Exhibit D. 6.2 Regulatory Action. Denver's obligations to designate and deliver the amounts ot water described in Article III and Section 4.2 are based on the fundamental premise that there will not be a Regulatory Action which materially reduces the amount of water which is lawfully divertable by the CMC System. 6.2.1 Lawfully Divertible Amount Defined. The lawfully divertible amount means the amount which is capable of being diverted over a representative period if the CMC System were operated at maximum capacity during that period, subject, however, to the terms of those statutes, water court decrees and stipulations, right-of-way limitations and conditions, agreements, and administration which have been in effect through the date of this Agreement as reflected in Exhibit E • . 6.2.2 Procedure in the Event of a Regulatort; Action. If Denver believes, In iu sole opinion, that a Regu atory Action has occurred, Denver shall notify the other parties in writing, describing the Regulatory Action. (If the Henderson Mine is in operation, Denver, Cyprus and Englewood shall be considered "parties". If the Henderson Kine is not in operation, or if Cyprus has waived its right to receive water under this Agreement, only Englewood and Denver shall be considered "parties") For a period of ninety days after the delivery of such notice the parties shall make a good faith attempt to agree upon the terms of any reduction of deliveries by Denver, recognizing that Cyprus is entitled to the first yield attributable to the CMC System under the Denver Exchange as referred to in Exhibit E, ·up to 3,000 acre feet each year, free and clear of any obligation to eatimate and designate its annual requirements (subject, however, to Denver's "once-in- ten years" right to reduce the delivery to 2650 acre feet). If written agreement on Denver's reduction of deliveries has not been reached within 90 days, any party may demand that the amount of the deliveries be eatablished by binding arbitration. Written notice of such demand shall be delivered to the other parties and shall nolllinate an independent and experienced water resources engineer to aerve as an arbitrator. (An independent enqineer i• one who has not performed service, for the nominator, a1 an employee or 15 -• '· 0 I . • 0 I ! l,J I • • 0 I• • performed services for the nominator, as an employee or consultant, for at least five years.) Each recipient of the notice shall, within 30 days after receipt of the notice, nominate in a writing delivered to the other parties, an independent and experienced water resources engineer to serve as an arbitrator. The engineers so nominated shall, within 30 days of delivery of the last notice of nomination, nominate one(if Cyprus is not a party) or two(if Cyprus is a party) additional independent and experienced water resources engineer(s) to serve as an arbitrator on a Board of either three or five members. A party who fails to nominate its arbitrator shall have waived its right to noainate the arbitrator. If the initially nominated arbitrators cannot unanimously agree among themselves as to the additional arbitrator(s), then that arbitrator(s) shall be selected by arbitration pursuant to the rules and procedures of the Judicial Arbiter Group, Denver, Colorado, or a siailar body, such as the American Arbitration Association, if the Judicial Arbiter Group is no longer in existence. The arbitrators shall reach their decision by majority vote. The decision of the arbitrators shall be final and binding upon the parties and shall not be subject to appeal. Each party shall bear its own costs for the arbitrator selected to represent that party. The parties further agree to share equally in the cost of the additional independent arbitrator (sl. An independent arbitrator shall chair the arbitration board and issue a report sU1111&rizing the findings and conclusions of the arbitrator board. 6.2.3 Determinations to be Made by the Arbitrators. The arbitrators sha11, within 9b days toIIowlng the appointment of the last arbitrator, establish the reduction, if any, of the amount of water which is lawfully divertible by the QIC System due to the Regulatory Action, by utilizing, if practical and feasible, the assumptions and procedures set forth in Exhibit E. After determining the reduction, the arbitration board shall establish Denver's adjusted designation and delivery obligations, (if any adjustment is determined to be made) of Basic and Paid Deliveries, and water provided to Cyprus under Article IV. In establishing Denver's adjusted designation and delivery obligations, the arbitration board shall utilize, to the extent practical, the assumptions and procedures set forth in Exhibit E. The adjusted designation and delivery amounts established by the arbitration board shall never exceed the designation and delivery amounts already established by this Agreement. The arbitration board shall also recognize that Cyprus is entitled to the first yield attributable to the ace System under the Denver Exchange referred to in Exhibit E, up to 3,000 acre feet each year, free and clear of any obligation to estimate and designate its annual requireaents (subject, however, to Denver's "once-in-ten years" right to reduce the .. .... 16 • I . • 0 . , • • 0 I • • delivery to 2650 acre feet. l The arbitration board shall make adjustments in Denver's designation and delivery obli9ations to compensate for any over deliveries durin9 the pendency of the arbitration process. 6.2. 4 Adiustment Water While Henderson Mine is in ~eration. Snou~a the parties or the arbitration board etermine to reduce Denver's deliveries to En9lewood under Section 3.2 to an amount which is less than 21,000 acre feet during any ten year period, including the cumulative effects of all prior reductions for Regulatory Actions, then Denver shall make additional deliveries to En9lewood (Adjustment Water), as provided below. 6.2.4.1 April Meeting. Between April 1 and April 20 of every year, the parties will meet to determine the amount of water diverted during the preceding twelve months by Cyprus at the Henderson Mill that is attributable to water provided by Denver under Section 4.2 ("the April Meeting"). Denver and Cyprus must keep accounting records sufficiently adequate to determine the amount of water provided by Denver and used by Cyprus under Section 4. 2. Englewood shall have reasonable access to such records. 6.2.4.2 Use of Cyprus Water Rights. For the limited purposes of tnls paragraph ti.2.4, Cyprus may take water provided by Denver under Section 4.2 only after first diverting any available water under its Incidental Water Rights and its Ute Park Storage Right, if in priority, recognizing that Cyprus is nonetheless entitled to the first yield attributable to the CIC System under the "Denver Exchange• as referred to in Exhibit E, up to 3,000 acre feet each year, free and clear of any obligation to estimate and designate its annual requirements. Such water shall be provided under the means described in Section 4.3. 6.2.4.3 Adjustment Water. The difference between 3,000 acre-feet and the amount of water diverted at the Henderson Mill pursuant to Denver's deliveries to Cyprus under Section 4. 2 during the preceding Water Year will be determined at the April Meetinq. If such a difference is 200 acre-feet or less, no further adjustments will be made. If such a difference is more than 200 acre-feet, Denver will desiqnate an additional amount of water ("Adjustment Water") for delivery to Englewood as follows: A. The Adjustment Water will be one-half of the difference between 3,000 acre-feet and the amount diverted by Cyprus at the Henderson Mill under 17 • ...... - •. 0 I . • 0 . , I;.;; .· ' B. • . ,~ • . . Section 4.2. The Adjustment Water will be delivered over the next five Water Years in such annual uaounta as Denver may designate. For purposei of deliverr under this subparagraph a •year• uans Nay through April 30. The first •year• will be that period which commences on Nay l . following the period of April l -Karch 31 for which the Adjustment Water was 'determined. Denver will designate by April 20 of each year the portion of the Adjustment Water to be delivered during the following year. Such amounts are in addition to Denver's reduced delivery obli;ationa to En;lewood pursuant to Section 3.2. c. The amount of Adjustment Water de1iqnated for each year will be delivered in accordance with the delivery procedures set out in Exhibit A. Denver's designation and delivery to En;lewood of the Adjustment Water shall be limited to a uximum annual amount of 2,500 acre-feet, unless En9lewood in its sole discretion, a9rees to take delivery of an amount exceeding 2,500 acre-feet. Any uiount of Adjustment Water which cannot be desi;nated and delivered due to the annual liait of 2,500 acre- feet shall be carried over to the following year or years. D. Any amount of Adjustment Water dHiqnated by Denver but for which delivery is not taken by April 30 of the followin; year is forfeited by En9lewood. 6.2 .S Reversal of Regulatory Action. In the event the Regulatory Action is reversed or set aside, or is aitigated by the abandonment by Public Service Co. of Colorado or its successor of the 1902 Shoshone call (unless purchased br Denver, in which case Section 7.4 applies), the parties shal be restored to their original positions relative to their obligations and benefits before the Re;ulatory Action took place. Article VII Nater Rights 7.1 Cabin-Meadow Creek Water Rights. Denver shall, under its sole discretion, operate the c:Re system and derive all the yield from the CHC Water Rights, consi1tent with the provisions of this Agreement. 7.2 Denver's Water Riqhts. Denver may divert under itl Cabin Meadow Creek water rights aecreed inc.A. 1430, (described .in that 18 ' • I I . , . Ir · , ~ .. "' ...... . ' .. I . • 0 '32xl - • • 0 - (, decree as the Moffat Tunnel Collection System) and divert by exchange, provided that Denver shall divert for beneficial use during any ten consecutive years a minimum of 26,600 acre feet of water under the CMC Water Rights subject to legal, regulatory or physical availability. 7.3 Decree in Case W-750-78. Englewood, Cyprus, and Denver agree that the terms of tnis Agreement are consistent with the final decree entered by the Water Court for Water Division No. 5 in Case No. W-750-78. 7. 4 Enhanced Yield. If any increase in yield of the CMC System, attributable to water rights decreed in W-750-78 or C.A. 1430, is derived through the acquisition of senior conflicting rights on the tributaries intercepted by the CMC System, Englewood may participate, up to 251, in the coat of such acquisition and receive a proportionate share of the increased yield. Denver is entitled to all increased yield derived by the acquisition of senior conflicting water rights in which Englewood does not participate, and all increased yield derived by other means including: winterizing, exchange, replacement or diversions under Denver's water rights decreed in C.A. 1430. 7.5 Case No. W-8456-76. Notwithstanding paragraph 3.3.5, whenever Denver desires, but no leas frequently than once every 10 years, Denver shall release CMC water from Gross or Ralston Reservoir for Englewood to exercise the exchange decreed in case w- 8456-76, up to 95 cfa. To the extent Denver operates this exchange for Englewood the amount of Paid Deliveries deai;nated by Denver shall be correspondingly reduced. For any OIC water released from Gross or Ralston Reservoir for operation of this exchange for Englewood, Englewood shall make payments pursuant to paragraph 3.3.2. Any reduction of yield from W-8456-76 which may result from restrictions on operation of this exchange shall not constitute a Regulatory Action, and shall not be a basis for reduction of deliveries to Englewood, a breach of this Agreement by Denver or claim of injury by Englewood. Nothing in this Section shall override or alter the provisions of Section 3.4 or Exhibit A. 7.6 Cyprus water riqhts. 7.6.1. Incidental and Ute Park Storage Ri!hts. While the Henderson Mine is in operation, Cyprus a II use its Incidental Water Rights and the Ute Park Storage Right exclusively at the Henderson Mill. Any subsequent use, change of use, or transfer of the conditional portion of the Ute Park Storage Right (3,900 acre feet) for uses other than those associated with the Henderson Mill can only be made with Denver's permission, which may be granted in Denver's sole discretion. This restriction shall expire when the Henderson Hine ceases operation. When the Henderson Kine ceases operation Cyprus shall have no interest in the water rights 19 -.-------.....--"-\ I .... I, . - •. .. I . • 0 • • • • .. decreed in Case No. w-7 50-7 B. Moreover, regardless of whether or not the Henderson Kine has ceased operation, Cyprus shall not claim historic use credit for the Ute Park Storage Right that is attributable to water provided under Section 4.2 or the 1969 Modification. 7.6.2 Right of First Refusal. Cyprus grants to Denver a first right of refusal to purchase all or a portion of Cyprus' Incidental Water Rights and Skylark Water Rights under the same terms and conditions set forth in any bona fide offer made or received by Cyprus concerning sale of theae water rights. After Cyprus notifies Denver in writing of a purchase offer or its intent to sell, Denver shall have aixty (60) calendar days in which to exercise its option to purchase these water rights. Upon expiration of the sixty (60) day calendar period, Cyprus may sell in accordance with the original bona fide offer that portion of ita water rights which was not purchased by Denver, if any. Cyprus auat complete the sale within one hundred twenty (120) days after the expiration of the 60 day first refusal period. If the sale is not completed within that period, Cyprus shall once again comply with the provisions of this paragraph before selling the Incidental Water Rights and/or Skylark Water Rights. 7.6.3 Conve?ance to Denver. After the Henderson Mine ceases operationsyprus stiiII convey to Denver by bargain and sale deed its title to all rights and interests, tangible and intangible, real and personal, poaaeaaory and uaufructuary which Cyprus may have to the ace System and the water produced therefrom. In exchange for this conveyance, Denver shall make the payments described in Section 5.8. 7.7 Participation in Water Rights Cases. 7.7.l Cyprus Water Rights Cases. Within 20 days of the dismissal of 9JCV55S5, Englewood shall file a motion to withdraw its statement of opposition to Cyprus' change of water rights applications in Case Nos. 92CW233 and 92CW336 (Water Division No. 5) • Englewood shall not file a statement of opposition to, nor move to intervene in, any future change of water right applications involving Cyprus' Skylark Ranch water rights, which are described in Exhibit F. Englewood shall not file a statement of opposition to, nor move to intervene in, anr future application by Cyprus to make the Henderson Mil tailing pond and Horseshoe Reservoir additional places of storage for the Henderson Mine System Water Right decreed in Case No. W-528; provided, however, that i) the application and decree shall be consistent with paragraph 7.6.1; ii) Cyprus will timely provide Englewood with copies of all pleadings 20 • ,, - • . I . • 0 . , \ ! t~, ' 2 I • • ,- 0 , • • '· filed in this case and any proposed decrees; and iii) the application shall not seek to adjudicate exchan9es up the Colorado River and its tributaries to the Ole System, or up the South Platte River from its confluence with Clear Creek to points above the confluence. Englewood may intervene in the case, and Cyprus will not oppose such intervention, if any party asserts that diversions of water pursuant to the w-528 decree constitute historic use under the W-750-78 decree or if the proposed decrees or applications are inconsistent with this paragraph. In the event that Englewood does intervene, Englewood• s involvement in the case shall be limited solely to the issue of whether diversions of water pursuant to the W-528 decree constitute historic use under the W-750-78 decree or to assure conformity with this paragraph. 7.7.2 Diligence Aoi,lications. Englewood shall not oppose any diligence applications for Denver's existing conditional water rights. Denver shall not oppose any diligence applications for Englewood's existing conditional water rights. Nothing herein shall preclude either party from contesting a claim or application to mate any portion absolute. Article VIII Miscellaneous Provisions 8.1 Previous Agreements. This Agreement supersedes the 1964 Water Exchange Agreement, the 1969 Modification, the September 25, 1969 Agreement and September 26, 1969 amendment between En9lewood and Cyprus in their entirety. 8. 2 No 1roperty rights or servitude. Nothing in this Agreement sha! be construed as granting or creating any property right or servitude whatsoever on any of Denver's water rights or any of Denver's facilities, no matter where located in Denver's waterworks system, except for the encumbrances on the CKC System as established by deed. The foregoing sentence shall not impair the rights of any party to specific performance of this Agreement. 8.3 No Operating Obligation. Nothing in this Agreement shall be deemed or construed as creating any obligation on Denver to operate its raw or treated waterworks system in any particular manner so long as Denver complies with the terms of this Agreement. Denver retains sole and exclusive discretion concerning the operation of the CMC System and any other sources of water made available for delivery to Englewood under this Agreement. 8. 4 OWnership of CKC system. Englewood shall convey to Cyprus and Denver by bargain and sale deeds undivided interests to the CMC System as described in form and substance in the attached Exhibit G. Cyprus or Denver shall not record the deeds or this Agreement unless there is a dispute which either Cyprus or Denver . - 21 • •. " ., I . • 0 • • • in good faith believes necessitates recording; however, delivery and acceptance of title are not conditioned on the recording of the deeds. Delivery or recording of the deeds shall not terminate, merge, curtail or in any way restrict the effect of or terms of this Agreement. Englewood is not obligated to have or convey merchantable title to the property described in the deeds, and the property will be conveyed without warranty of title or physical condition or of merchantability or of fitness for any particular purpose. Denver and Cyprus will take the property "as is." However, to assist the parties in ascertaining the ownership of the land encompassed by and adjacent to the reservoir and traversed by and adjacent to the conduit and diversion structures, Englewood will obtain from a title insurance company either an owner's title insurance policy or commitment, or an ownership and encumbrance report, which ll gives the apparent ownership of such surrounding (and underlying) property. and 2) identifies any property in addition to, and contiguous to, that encompassed within the Bell Survey, which was acquired by any of the parties and remains owned of record by any of the parties (•Additional Property" l • If Additional Property is discovered by the title insurance company, it will be made the subject of prompt conveyances among the parties, by bargain and sale deeds, so that ownership of the Additional Property is held in the same proportions as are established by the deeds above described. The conveyances shall be in the same form and substance as used for the -deeds above described, except for the variance in the le9al description. (The interest of Cyprus in any such Additional Property shall be conveyed to Denver along with the balance of the property, pursuant to Section 5.8, without additional payment.) The fees of the title insurance company for the policy, commitment, or ownership and encumbrance report shall be shared equally by the parties. Englewood shall reasonabll determine, after consultation with the other parties, the form o document to be obtained from the title insurance company, depending on practicality and cost. The initial deeds shall be delivered no later than 30 days after the latest of approval of this A;reement by the Court and its approval by any necessary action of the governing bodies of the various parties. 8.5 Unity of Action. If any party reasonably believes that an action, event or occurrence could cause a reduction of yield of the CMC System under Section 6.2 or affect the integrity of the ace System, that party shall notify the other parties. The/arties anticipate three types of action that could affect the yiel of the CMC System or impact the integrity of the system: naaely, Nater Court action, Regulatory Action or physical trespass. 22 ...... - ,. - .. I . • 0 . , • • • 8.5.1 Water Court action. In event of a Nater Court action the parties shall in good faith meet and discuss the potential detrimental effect of the proposed Nater Court action on the ~C System and its yield. The parties shall determine whether to jointly participate in the action. There is, however, no requirement for any party to intervene in or oppose the Water Court action. Any party that chooses not to participate in an action shall not be in breach of this Agreement but Section 6.2 may apply as a result of the order or decree. Any party who does participate may settle and such settlement shall not constitute a breach of this Agreement, but Section 6.2 may apply as a result of the settlement. (The provisions of Section 6.2 shall apply if a Nater Court action results in an reduction of the yield of the CKC System even if a party stipulates to or does not appeal the Water Court's dete:mination.) This Section also applies to a State Water official's decision or administration which is implemented and would cause a reduction to the CKC System yield. Water Court action also includes any action concerning the Blue River Decree, Civil Action Nos. 2782, 5016 and 5017, U.S. District Court. Denver or Englewood shall not be in breach of this Agreement if they make divergent arguments in Case No. 95CW065 Water Division No. 5, but Section 6.2 may apply. A change from the 1992 tabulation shall not be considered implemented until the water official curtails the CKC Water !lights as a result of the change. 8.5.2 Regulatory Action. In event of a proposed Regulatory Action or commencement of liti9ation that may result in a Regulatory Action, other than Water Court or State Nater officials' proposed action, no party shall have the authority to enter into any agreement, decree or stipulation that adversely affects the ~C System or its yield without the express written consent of the other parties. The parties shall unanimously oppose any proposed adverse or possible adverse regulatory action which could trigger the provisions of section 6. 2. Any settlement of a proposed adverse dete:mination in a Regulatory Action shall be unanimous. If any party unilaterally consents to such an adverse determination, that party shall bear the entire effect resulting from the adverse determination, and shall hold the other parties harmless from the determination, in addition to being subject to whatever other legal remedies are available to the other parties. 8. 5. 3 Physical Trespass, Liens and Encumbrances. In event of an unauthorized entry upon the physical property or right of way within the ~c System, the parties shall in 900d faith assess the impact of the entry upon the CKC System and the appropriate means to effect a remedy. Any party at its own cost, however, can institute an action to enforce the ejection of the trespasser or to uintain the inte9rity of the 23 -• ,. - ... I· • 0 . , • • ,, ~ 0 , . • ' CMC Synem. Since the CMC System is jointly owned, the parties will not contest their joinder in an eviction or other action against the offender. If Denver prosecutes the action under its obligation to operate and maintain the CMC System, any costs incurred shall be reimbursed under Section 6.2. If any party causes a lien or encumbrance to be placed upon the CMC System, that party shall take appropriate action to remove the lien or encumbrance. 8.6 Nater Quality. The quality·of water delivered by Denver to Englewood under Article III or provided to Cyprus under Article IV, or produced by the CMC System, is on an "as is" basis only, with no warranty expressed or implied. 'ftaen ia • ~ty tlaat tb• water rill be fit for uy partic:alar pupoae. En9lewood, Denver and Cyprus waive any claims they may have a9ainst each other arising from the quality of the water. No party shall have any treatment responsibility for any water delivered or provided under this Agreement. 8.7 Severability. If any provision of this Agreement shall prove to be 1!1egal, invalid, unenforceable or impossible of performance, the remainder of this Agreement shall not be affected thereby and in lieu of each such provision of this Agreement, there shall be added as part of this Agreement a provision which is legal, valid, enforceable and capable of performance and which is as similar in terms, content and effect aa possible to the provision that is illegal, invalid, unenforceable or impossible of performance. 8.8 Successors and Assi~s. This Agreement or any of the rights and obligations created ereunder shall not be assignable by any of the parties hereto except upon the express approval of the other parties signified with the same formality as by the execution of these presents, which approval shall not be unreasonably withheld; provided however, that sales or leases by Denver or Englewood of the water provided to them under this Agreement shall not be deemed to be an assignment. The following agreements do not constitute assignments for purposes of this Section 8. 9 ·: the Water Lease and Management Agreement dated August 3, 1977 between Englewood and the City of Thornton; the February 24, 1986 Water Agreement and Assignment between the City of Thornton and Mission Viejo Company; the March 31, 1986 Agreement and Assent to Assignment between Englewood and Mission Viejo Company; the November 3, 1980 Nater Supply Agreement between En9lewood and Mission Viejo Company; the December 27, 1988 Qui tclailll Deed, Assignment and Bill of Sale between Mission Viejo Company and Highlands Ranch Development Corp.; the December 21, 1988 Special Warranty Deed, Assignment and Bill of Sale between Hi9hlands Ranch Development Corp. and Centennial Nater and Sanitation District. 8.9 Binding effect.· The provisions of this Agreement are binding upon and shaiI inure to the benefit and burden of the 24 • . I . • 0 , .. ·- • • • • 0 I • • parties' successors and assigns. 8.10 Non Waiver Clause. This Agreement may not be am.ended nor any rights hereunaer waived except by an instrument in writing signed by the parties to be charged with such amendment or waiver. The waiver by any party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver thereof, nor of any additional right that such party may h~ld under this Agreement. 8 .11 Headinq Clause. The article, section, paragraph and subparagraph beadings of this Agreement are inaerted for convenience and reference only and shall not alter, define, or be used in construing the text of the articles, sections, paragraphs or subparagraphs. 8.12 Colorado Law. This Agreement shall be construed under Colorado law. 8.13 Integration. This Agreement constitutes the entire agreement between the parties. It supersedes any prior agreements or understandings between the parties. 8 .14 Survival. The provisions of this Agreement shall survive any transfer of title to the atC System. 8.15 Effective date of deliveries. The effective date of delivery obligations under this Agreement is May 1, 1996. 8 .16 Dismissal and Waiver of Claims. The parties shall promptly dismiss with preJudlce aII claiiis and counterclaims raised or which could have been raised in Case No. 93CV5585, Denver District Court, except any claiJu of Englewood concerning dili9ence on the conditional portion of the water rights decreed in Case No. W-8456-76, District Court Water Division No. 1. All parties shall waive all claims they may have against each other, whether known or unknown, asserted or not asserted, arising out of acts or omissions concerning the 1969 Modification or 1964 Basic Agreement or Denver's operations of the on or before the execution of this Agreement. All parties shall bear their own costs and fees . 8.17 Default. In the event any party is in aaterial default or fails to keep or perform any obligations on its part to be kept and performed according to the terms and provisions of this Agreement, and any other party 9ives the defaulting party written notice specifying the particular default or defaults, the defaulting party shall have thirty (30) calendar days in which to cure such default or defaults, or institute action reasonably calculated to cure such default(s). Due to the uniqueness of the subject matter of this Agreement; the inadequacy of legal remedies; the extreme difficulty which may be experienced in calculating damages; and the impossibility of returning the parties to the 25 • .... ,. - I· • 0 . , - • • ... . .. • ..... • conditions that exiated at the tiM of thia A9n1 rt, tbe non- default1n9 party(iH) aball haft tbe ri9bt to apecificperfolllmlCe as a reaecly. •aiver or failure to 9ift notice of a particular default or defaults under tbia Section aball not be CDDStrued .. condoninCJ any cont1nu1DCJ or subHquent default. 8.18 Ten. ftlia A,Jrnaant 1• perpetual, acept for the provisions concerniDCJ Cyprus which uall temillate .._ the Henderson ll1De cease• operation under Article JI. AffEST: secretary APPROVED: flann1n9 blvlalon APPROVED: tiial blvblon ATTEST: City clerk AffEST: secretary H Clft -WI • ·-actiAG by ad~ lta -___ ,_, I By: .. , ... n-aI .. diii--.t-------- UGISTmD AIID c:alllllllJGIIID Donald J. Har••, Auditor Clft -., ..... ODl:CPIDO By: ·•-yo!!!'r---------- aw "-••·111• cmnr a .,. __________ _ . ' • • • 0 - • • • • I• • ... STATE OF COLORADO ss. CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before ae this day of , 1995, by a1 President, 'aiia --------as Secretary of the Board of later Comissionera. Witness my hand and official seal. Hy commission expires Rotary Piib!Ic STATE OF COLORADO ss. COUNTY OF ARAPAHOE day The foregoing instrument was acknowledged before ae this of , 1995, by •• Mayor, 'aiia --------as City Clerk Of the city Of Englewood. Witness my hand and official seal. Hy commission expires-------- STATE OF------- COUNTY OF------- I I H. I Rotary Piib!Ic The foregoing inatrument waa acknowledged before .. thia day of , 1995, by aa 'Preaident, 'aiia aa Secretary of Cypru1 ciliix Hetala. -------- Witness my hand and official seal. Hy commission expires Rotary Pub!Ic 27 ..... . ' I. • 0 , -·-·---· • "'~ ,. • .. • ' . (,• ·1., ----·--___ .. _ a. Daaftl''• ....-1• aoucea c. DaPl .. of Dlmfll''• Daaipat1• ud De11fll'Y cau,au.ou ~o DatlMIOOd i,. curtailaall~ 1c:ucbll• &. a.pl.at.on M:\1DD r. 11ey1ar1t Mllab .. ter tifhU G. aar1ain and Sal• DNda ca-1. cypna G-2. Da'NI' , • . ' ~ .. . I . . 0 • • • ,- • • <. ... .. SXIIIBIT A DELIVERY PROCEDUN:8 lall IIAftlt D&LIYDSD 'l'O ENGLEWOOD l'UR8UANT 'l'O RCTICNS J.2 MID J.J OF THE BTTI.Dalff AGN:Dmft' 1. Notice for Change in Delivery Rate a. Englewood shall give Denver 48 hours' notice for starting delivery or changing rate of delivery. Exception: If the High Line Canal is shut off without prior notice to Englewood (such as High Line called out of priority), a 48-hour notice ti;, cease High Line Canal deliveries to Englewood shall not be required. b. Requests for delivery start-up or changes in rate of delivery will be aade or accomplished only during normal business hours. c. Englewood cannot require aore than one change per week in High Line Canal delivery rate unless all deliveries are stopped because the canal is shut off or McLellan Reservoir fills. 2. Minimum and Maximum Delivery Rates in CFS The following rates apply to the combined total of Basic Deliveries (Section 3.2) and Paid Deliveries (Section 3.3). Deliveries in units of whole cfs-days only. Maxima Total llaaiallll Total of of All Naxiam Hi9h Chatfield and Del1ver1H Line Delivery ltrontia lprin9a Dates Ccfal Ccfal De11ver1ea Ccfal April 15 -June 30 100 '° 40 July 01 -October 15 10 '° 40 October 16 -April 14 50 0 50 n 1\late•\EahbtA.cloc ~------· \ I [:,1 .... . ' • . I . . 0 1 a2xl • • • ,, -• 0 • 3. Maximum Change in Delivery Rates per Day 4. a. 60 cfs for High Line deliveries b. 2S cfs for all Chatfield and Strontia Springs deliveries combined c. 60 cfs for all deliveries (High Line, Chatfield, and Strontia Springs deliveries combined) Temporary Changes in Delivery Reguirements Upon mutual agreement between Englewood and Denver, the requirements in paragraphs 1, 2 and 3 above aay be temporarily changed in response to current water supply conditions or other emergency conditions. Such agreement may be verbal, but shall be confirmed in writin9 by the party requesting the change. S. High Line Canal 6. a. After a period of non-usage, Denver has ri9ht to run the High Line Canal up to 48 hours before starting deliveries to Englewood. b. No deliveries will be aade to En9lewood in the High Line Canal unless water already bein9 delivered under High Line 1879 ri9ht. c. Denver and Englewood recognize that the Bi9h Line aay at times require aaintenance or repair wort and not be available for use. When the Hi9h Line is anticipated to be unavailable, Denver will provide Englewood with as much advance notice ·•• is reasonably possible. d. The minimum delivery rate for En9lewood in the High Line Canal is S c.f.a • Monthly Plan By the 25th of every aonth, Englewood is to provide their best possible estimates of aonthly deliveries of both Basic and Paid Deliveries for the reaainin9 months of the delivery year. These estimates include all deliveries to leases and assigns. Estimates are not bindin9, but are provided so that Denver may better plan for operations of its municipal water system. 111\llt•\~ ' ... I. • 0 '32xl • • • • 0 • '· 7. Limitations of Basic Deliveries Nater Englewood shall take delivery of no more than 2/3 of the yearly designated amount of Basic Deliveries during the period Hay l through August 31 of each Nater Year. 8 . Contact Persons a. Requests for startup of delivery or change in delivery rate shall be directed telephonically to the Raw Water Supply section of Denver Nater (628-6510). b. Englewood will schedule and communicate to Denver all delivery requirements including deliveries to its lessees and contract users of water delivered by Denver. 9. Converting from CFS-Days to Acre-Feet For purposes of computing volume of water delivered, 1 CFS-Day shall be considered equal to 2 acre-feet. 10. Delivery and Diversion Points a. High Line Deliveries: High Line deliveries will be measured at the gage adjacent to Platte Canyon Reservoir and delivered to the Dad Clark Gulch turn-out on the High Line for storage in McLellan Reservoir . Deliveries to Dad Clark Gulch will be reduced by 161 for carriage losses between the High Line gage and the turn-out. Such deliveries will be measured at the gage on Dad Clark Gulch between the High Line and McLellan Reservoir. Englewood will be responsible for maintaining the accuracy of the Dad Clark gage. Nothing in this agreement creates any obligation for Denver to deliver Basic Deliveries, Paid Deliveries, or any other water in the High Line Canal for the benefit of Englewood. Englewood's rights to use the High Line Canal for the delivery of Basic and Paid Deliveries provided under the Settleaent Agreement, and any other waters, is the subject of a separate agreement between Englewood and Denver executed contemporaneously herewith. b. Strontia Springs or Chatfield Reservoir Deliveries will be made to one or more of the following: .. """ • .... , ' .. I· • 0 ·. , . ' :5 ' '32xl • Delivery Point City Ditch Head9ate Nevada Ditch Laat Chance Ditch Chatfield or Strontia Sprin9a outlet• to South Platte River • • • Neaaur ... nt Point City Ditch 9a9e Nevada Ditch 9a9e Laat Chance 9a9e Chatfield outflow 9a9e or Strontia lprin9a outflow 9a9e, re•pec- tively Diveuion Point NcLellan Reaervoir or En9levood'a Allen Water Treatment Plant Propoaed Kiewit Ra•ervoir Propo•ed Kiewit Ra•ervoir -Union Avenue Intake -Enaor well field -Propo•ed DOIi well field -NcBr-Ditch (by -chan9e on har CrHk flow) -NcLellan Ra•ervoir (by exchan9e on Dad Clark flow) - Other deliveries from Chatfield or Strontia Springs will be made upon written approval by Denver. Nothing in this Settlement Agreeaent shall prejudice or otherwise be construed as either Denver or En9lewood's agreement, acquiescence, or approval concernin9 the propriety of using the City Ditch, Nevada Ditch, Last Chance Ditch, or Kiewit Reservoir facilities for the conveyance or storage of water delivered hereunder. The parties expressly reserve whatever opposition or challenges each aay aake concerning the propriety of such uses. 12. Provisions for Unforeseen CirCU1Utances Denver agrees to use every reasonable aeans to furnish a supply of water consistent with these delivery procedures set forth in this Exhibit. No liability, however, shall attach to Denver for failure to make any required delivery to Englewood if the failure results from one or more of the following occurrences on the eastern slope of the Continental Divide which is beyoond the reasonable control of Denver: failure or inoperability of any daa, conduit, ditch, headgate, valve, or any other storage or delivery facility; or non-deliverability resultin9 from terrorisa, act of war, vandalism or aalicious aischief1 strike or other labor disturbance; power outage; or windstora, flood, earthquake; providod however, that Denver shall proceed with all reasonable diligence to repair any Denver facility which is the cause of the failure of delivery, and rec01111ence delivery; and provided that Denver and Englewood shall n : \lltu\t.l'otA ..... . , I· • 0 - • • " • . , (' cooperate in seeking promptly to establish any practical alternative means of delivery while the cause of the failure remains uncorrected. Notwithstanding paragraphs 3.2.4 and 3.3.3 Denver will aake reasonable efforts to replace the loss of delivery at a practical later date. ..... "'~ I J r l~l . ' • . I . . 0 f 32xl BASIN South Platte BeerCrHk Colorado River 1 :1n11_, ... • • • EXHIBIT B REUSABLE SOURCES RIGHT BNry Ditch Fcu Mile Ditch Brown Ditch Nevada Ditch Lat Chance Ditch No . 2 Pioneer-Union Ditch Hodgson Ditch Herriman Ditch Robert Lewis Ditch Simonton Ditch Warrior Ditch Blue River Dlvenlon Pnlject Moffet Tunnel Collection System end Daring Cl'Nk Extenaion of the WIiiame Fort Dlvenlon Project FreHf River and WIiiame Fort Dlvenion Projecla Hemilon-Cabln Creek Dlch, Extenaion end Enlelgement of Ille Henillon CINk Dllch, Meadow Creek RNerYoir .. ..... CASE NUMBER W-7738-74 IOCW313 IICW014 11CW172 12CW014 11CW100 11CW102 11CW103 11CW105 11cw1oe 11CW109 W-1805 W-1ICII W-2712 W-5011 W-5017 C.A.-1430 C.A.-e57 C.A.-e57 • ,, - ·- NOTE ·, .. ~ Denver'• ..... of effluenl fram ... aoun:ea .. lullject to Ille Court'a ruing In 11CW405. Denver'a ..... of effluent fram ... eourcea la lullject to Ille pn,vlalal• of Illa s ... manl AgrNffiall. I . . 0 . , • ·, • <. EuibitC Example, or Denwr'1 Deaipatioll and Delivery Obqatiolll to Eqlewood While the Henderaon Mine ii in Opentlon (1.1.1) 2. 700 a.C./yr. muimum 2,800 a.r.12 yr. minimum 23,200 a.r.110 yr. minimum Application or Criteria Dnf\ 12/16194 Reviaed 7/11195 To allow for compliance with the above-1tated criteria, the Collowinl minimum amountl muat cumulatively be designated during the number of couecutift ,ean • iadicated. Number of Cona,es;utive Yeara 1 2 8 4 & 6 7 8 9 10 Minimum Amount which Cumulatively Nw he 0e,;m1te4 Ctm·fNt> 0 l800 . '800 '1000 l'IOO ll400 11100 17800 IOIOO IIIOO Non -Egclyain E11mw q(Qsztn•Sila BemrimneDY ,..,...,, Year Exq!ele l Exqu!le 2 E•-!!I If , ... 4 ,,., .. 1 l'JOO _., .. , l 2100 l'700 l'JOO l'JOO 2 1'700 0 0 IDOO IDOO -a 2'700 l800 l800 IDOO IDOO 4 2'700 17002 l'fOOs IDOO IDOO 15 2'700 l'JOO IDOO IDOO 6 2'700 = IDOO ., 2'700 = 8 1'700 8 2'700 10 0 I 11 l800 ' •, ... D I • • 0 r'. -.r "' '32x l • • • • . ,~ • '· a. Examples 1 through 5 usume the maximum or 2,700 a.r. bu been duipated for the 9 years prior to year 1. Eumplea 1 tbroup 5 do not nOect tbe period immediately subeequent to the ell'ec:ti,,e elate or this agnement ma tbey diangard paragraph 3.2.1, which nquina that it be uaumed that Deaver deaipated 2,500 a.r. during each of the nine Water Years pncedina the Water Year Denver first designates water. Eumple 6 &UIUllea 2,500 a.r. bu been deaipated each of the nine Water Years preceding year 1 and u aucb ia maaiatellt with the requinmenta of paragraph 3.2.1. 1. In example 1, the minimum that can be deaipated in yur 11 ia l,600 a.r. to comply with 2,600 aJ./2 yr. criterion over yean 10 and 11. TIie 10 year total (yean 2-11) is 24.300 a.r. which aati86ea 23,200 a.£. requinmenL 2. The 2,600 aJ./2 yr. criterion would allow a minimum oro a.t to be cleaipated in year 4. However, to satisfy the 10 year requinment ofl3,200 a.t, a minimum of 4,300 a.r. must be designated over any 3 comec:utive yeara, meantn1 that at leut 1,700 a.r. must be duipated in year 4. 3. The 2,600 aJ./2 yr. criterion would allow a minimum of900 a.r. to be deaipated in year 5. However, to satisfy the 10 year requinment of'23,200 a.r., a minimum of 7,000 a.r. must be designated over any 4 couecutive yeara, ....,iDI that at leut 2,700 aJ. must be designated in year 5 (and for tbe rem•inin18 yean) .. 4. The 2,600 a .£./2 yr. criterion would allow a minimum of'IOO a.r. to be deaipated in year 7. However, to satisfy the 10 year requinment of' 13,200 a.r., a minimum of 12,400 aJ. must be deaipated over any 8 muec:utive yeara, meaains that at leut 2,400 a.£. must be designated in year 7. 5. The 2,600 a.r.12 yr. criterion would allow a minimum of200 a.r. to be deaipated in year 8. However, to satisfy the 10 year requirement of'l3,200 a.r., a minimum of 15,100 a.£. must be deaipatedover any 7 comec:utive yeara, meaains that 2,700 a.£. must be designated in year 8 (and the Collcnriq 3 yean). 6. The 2,600 •.f./2 yr. criterion would allow a minimum of 100 a.r. to be deaign•ted in year 2. However, to satiaf'y tbe 10 year requinmat of'l3,IOO a.r., a minimum of 700 a.r. must be cleaipated in year 2. After the Henderson lllne C.U. Operation (I.I.I.) 3,200 a.f.Jyr. maximum 1,500 •.£./yr. minimum 4,100 aJ./2 yr. minimum 26,600 •.fJlO yr. minimum APPiication or Criteria To allow for compliance with tbe uov.-atated criteria, the fDllowiq minimum amounts must be cumulatively deaipated duriq the number of' OIIUIIClltff9 yean u indicated. .. ..... • .. I· • 0 . , ~ ':... • • • Number of Conaecutive Years 1 2 3 4 6 6 7 8 9 10 • 0 I • • Minimum Amount which Cumulatively Must be Designated Cacre-feet} 1600 4100 HOO 8200 10600 13800 17000 20200 23400 26800 Non-Exclusive Egamples or Quignation Regwnmenta CIRl-feet) Year Eumple l Eumple2 E!!'lple 4 E!!Q!ple 6 Eumple 7 I 2 3 4 6 6 7 8 9 10 11 a. 1. 2. 3 . 4 . 32()(f 3200 3200 3200 3200 3200 3200 3200 3200 u100 1 l600 3200° 1500 26002 1500 3200 1500 2800 1500 2800 :a 3200 . 2930" 2150 1500 2150 2800 2150 19801 2150 2100, 2500 Eumple1 1 through 6 auume the muimum or 3,200 a.C. bu been duipated for the 9 years prior to year 1. Examples 1 through 8 do not reOect the period immediately 1ubaequent to the year Henderson Mine cea1e1 opention liDc:e they disregard paragraph 3.2.2., which requires that it be auumed that Denver designated 2,930 a.f. during each or the nine Water Years preceding the Water Year Henderson ceases operation. Example 7 uaumea 2,930 a.f. bu been deaipated each of the nine Water Years preceding year 1, and u such is conaiat.ent with the requirements of paragraph 3.2.2. In example 1, the minimum that can be deaignat.ed in year 11 is 2,600 a.r. to comply with the 4,100 a.C.fl yr. criterion over yean 10 and 11. The 10-year (yean 2-11) total is 29,700 which satisfies the 26,800 a.C. requirement . The 4,100 a.f.fl yr. criterion allow• a minimum or 1,600 a.r. to be delipated in year 4 . Thia aleo satisfies the requirement that a minimum of 6,600 a.r. be designated over any 3 comecutive yean. The 4,100 a.f./2 yr. criterion allows a minimum or 2,600 a .f. to be delipated in year 5 . Thia aleo satisfies the requirement that a minimum orB,200 a.r. be designated during 4 comecutive yean . The 4,100 a.f./2 yr . criterion would allow a minimum or 1,600 a.C. to be deaipated in year 6 . However, to satisfy the 10-year requirement 0£26,800 a.r .• a minimum of 10,600 a.f. must be designated over any 6 couecutive yean, maanin1 that at leut 2,400 a.f. must be designated in year 6. a :\llatae~ .... .... , • ,. - I . • 0 - • • • • '· 5. The 4,100 a.f./2 yr. criterion would allow a minimum or l, 700 a.t to be dnipated in year 7. However, to 1atiaf'y the 10 year requirement ol 26,800 aL, a ainimam or 13,800 a.r. muat be duipated over any 6 CDUICUtiw yean, •• ni .. &bu at leut 8,200 a.f. muat be duipated in year 7 (and the i>llowiDs 4 ,-n). 6 . Tbe 4,100 a.f./2 yr. critarion would allow a aillimum ol 1,400 a.t to be daaipated in year 7. HoweYel', linca thia ia .._ t.ban the UOO a.fJl yr. aitaria, the 1,100 a.f. would control. To utidy the 10 year '9qllilwDt o1•.aoo a.t. a einie-ol 18,800 a.f. mll8t be dalipatad °"" UJ 8 wwwtiw ,-n. al lffll tut U00 aL muat be delipated iD ,-r 7. 7. Tbe l,500 a.f.Jyr. ud UOO al./2 yr. c:ritaria cmdl'GI • ·Feti-•li11r fDr yeara 2 and a. r-pediwly. However,,.. 4 •• fpetin ii s •• a., Ilia 18,800 a.fJlO yr. critarion, wbicb nqaira diet a ----f/1 lllO a.I. be dnipated in year 4. ,.. • . .. I . . 0 1 32xl • • • ·, - <. EXHIBIT D CURTAILMENT SCHEDULES I. GENERAL Curtailment shall occur only in the event of either a coaplete failure of any component of the Cabin-Meadow Creek Systea which prevents any Denver usa9e of the respective component of said system, or a partial failure of any component which causes Denver, in its own discretion, to completely shut out that component of said system. Not specifically addressed by the stora9e curtailaent frocedures described in this Exhibit Dare situations, such as a bold order" by the State En9ineer•s Office, restrictin9 the usable, active stora9e capacity of Meadow Creek Reservoir below its historic and current capacity or any other action siailarly reducing the usable capacity of Meadow Creek Reservoir below its historic and current capacity. II. CURTAILMENTS OF BASIC DELIVERIES TO CYPRUS AND EHGLEIIOOD UNDER SECTIONS 4.2 AND 3.2, RESPECTIVELY A. DIRECT FLOW CURTAILMENT SCHEDULE 1. Curtailment for Denver's loss of direct flow shall be based on the number of days of outa9e in the May 1-to-June 30 period (inclusive) each year. No curtailment shall result for any day outside of the May 1-June 30 period, inclusive, durin9 which Denver loses direct flow water due to an outa9e. 2. Curtailments on an interceptor-by-interceptor basis shall be assigned using the following percenta9es of losses of direct flow: 3. Meadow Creek Hurd Creek North Trail Creek Tributary South Trail Creek Tributary Hamilton Creek Cabin Creek Little Cabin creek total 01• lH 4.51 4.51 211 501 " !GUI *There shall be no curtailaent for losses of direct flow froa Meadow Creek. The volume of curtailaent for Denver's loss of direct flow in a 9iven year shall be calculated interceptor-by-interceptor by takin9 the product of: .... . ' • .: I . • 0 '32xl • • • a. b. c. d. • ,. ~ • C. • . , ... Denver's total de•ivnated delinries to Cypru• and En9lewood under Section 4.2, and para9rapba 3.2.1 or 3.2.2, respectively; The ratio of the nUllber of days of tbe outa9e divided by 61; The interceptor-uaiped perc:entap of lo•• of direct flow fraa IIA2, aboff1 and 401, aaid 401 bein9 the bi•toric (1975-1993) fraction of total yield deri..S by Denver in it• operation of tbe SncJlellOOd aanc:h Creek Collection Sy•t .. which 1• attributable to direct flow. 4. Exaaplea The foll'owin9 exaaple• deacribe the operation of the direct flow curtail.aent •chedule. a. Euaple 1 (1) Direct flow 1• available for diver•ion at the Trail Creek point• of diversion, but the .. in Trail Creek interceptor conduit which carries diver•ion• froa both North and South Trail Creek tributarie• c•trail Creek Interceptor•) 1• partially out due to a break for the June 1-to-Juae 21 period, and J>enqr, in it• own di•cretion, elect• to •but out the aain Trail Creek Interceptor. (2) Denver bad de•i909ted 3,000 af to Cyprus and 2,700 af to EncJl...ood under Section 4.2, and para9rapha 3.2.1 or 3.2.2, rHpectively. (3) Voluae of curtailaent • 71 af • (• 5,700 X 21 day8 X 91 X 401)/61 days b. Expple 2 (1) In addition to the Trail cr .. k Interceptor outa9e 9iven in Exaaple 1, a pipe break in the Cabin Creek interceptor ha• cau•ed an outa9e for the June 22-to-June 30 period. 2 ' ' • ' .. I . • 0 '32xl • • • <. (2) Denver's total designated delivery remains at 5,100 af. (3) In addition to the Trail Creek Interceptor curtailment of 11 af, the Cabin Creek curtailment would be 168 af. (5,100 af x 9 days x 501 x 401)/61 days Thus, the total direct flow curtailment would be 239 af C• 11 af + 168 af). 3. Example 3 (1) A break in Englewood's aain conduit near its interconnection with Denver has occurred on April 30, and has not been repaired by the end of June. (2) Denver had designated 3,000 af to Cyprus-Cliaax and 2,100 af to Englewood. (3) Volume of curtailaent • 2,280 af. (5,100 af x 61 days x 1.0 x 401)/61 days B. STORAGE CURTAIUCENT SCHEDULE 1. Curtailaent for Denver's inability to deliver storage water from Meadow Creek Reservoir for any given period(s) solely during the July 1-0ctober 31 period, inclusive, shall be calculated as the product of: a. The difference in percentages froa TABLE 1 from the last day of outage and the day before the first day of outage; and b. The sum of Denver's designated deliveries to Cyprus and to Englewood under Section 4.2, and paragraphs 3.2.1 or 3.2.2, respectively. 2. Examples The following two examples illustrate the process of quantifying such storage curtailaents. a. Example 1 Cl) A problea with the outlet for Meadow Creek Reservoir prevents Denver from 3 ..... . , • .. I . • 0 I I r:r, • • • • withdrawing any water from storage from September 4 through September 29. (2) Denver had designated 3,000 af for Cyprua-Cliaax and 2,700 af for Englewood. (3) Volume of curtailaent • 1,037 af. (• (43.31 for end of Sept•r 29 afnus 25.101 for end of Septeaber 3) x 5,700 af) b. Exuple 2 (1) A break in the Englewood aain conduit just upstream froa the interconnection with Denver prevents Denver from withdrawing water froa storage .from July 1 through October 31. (2) Denver's total designated delivery remains at 5,700 af. (3) Volume of curtailaent • 3,420 af. (• (60.001 for end of October 31 -0.001 for July l)x 5,700 af) C. TOTAL CURTAILMENTS Denver's tot•l obligation to deliver water to Cyprus and Englewood under Sections 4.2 and 3.2, reapectiYely, aball be reduced by an amount equal to the aua of the Direct Flow Curtailment (A) and the Storage Curtailllent (8), aa follows. 1. While Henderson is in operation the reduction will first be applied against the voluae of water Denver is obligated to deliver to Englewood under paragraph 3.2.1. If the amount of reduction exceeds the amount designated for delivery to Englewood, Denver's delivery obligation to Cyprus under Article IV will be reduced until the additive total of the amount designated for delivery to Englewood and the reduction in the aaount deliverable to Cyprus equal• the tot•l amount of reduction calculated in llC, iallediately above. 2. After Henderson c••••• operation, the tot•l aaount of reduction deterained in UC, aboYe, shall be divided by two before being applied a9ainat 4 I· • 0 I ! r, 'a2 x l • • • • • • Denver's delivery obligation to Englewood under paragraph 3.2.2. 3. Any reduction in delivery obligations shall not reduce amounts previously designated or required to be designated by Denver under Article III of the general agreement among Cyprus, Denver, and Englewood. 4. In the event, during any Water Year, Denver delivered water in excess of its obligations after the total curtailment has been calculated pursuant to IIC, above, Denver's delivery obligation(s) in the next year(s) shall be reduced in an amount equivalent to the excess. Thia curtailment(s) applied in subsequent year(s) shall not reduce amounts required to be designated under Article III of the general agreement among Cyprus, Denver, and Englewood. III. CURTAILMENT OF PAID DELIVERIES TO ENGLEWOOD UNDER SECTION A. CURTAIIMENT SCHEDULE 1. Curtailment for Denver's loss of direct flow shall be based on the number of dar• of outage in the May 1-to-June 30 period (inc uaive) each year. No curtailment shall result for any day outside of the May 1-June 30 period, inclusive, during which Denver loses direct flow water due to an outage. 2. Curtailments on an interceptor-by-interceptor basis shall be aasi9Ded using the following percentages of losses of direct flow: Meadow Creek Hurd Creek North Trail Creek Tributary South Trail Creek Tributary Hamilton Creek Cabin Creek Little Cabin Creek total 01• UI 4.51 4.51 211 501 61 llJUt *There shall be no curtailaent for losses of direct flow fraa Meadow Creek • 3. The volume of curtailaent for Denver's loss of 5 . ' • .. I· • 0 1 32xl • • •, - .. direct flow in a given year shall be calculated interceptor-by-interceptor by taking the product of: a. Denver's total deeiCJDated deliveries to Englewood under Section 3.3. b. The ratio of the nUllber of days of the outage divided by 61; c. The interceptor-aaeiCJDed percentage of loss of direct flow froa IIIA2, above; and B. EXAMPLES The following examples describe the operation of the curtailment schedule: 1. Example 1 a. Direct flow is available for diversion at the Trail Creek Interceptor points of diversion, but the aain Trail Creek Interceptor is partially out due to a break for the June 1- to-June 21 period, and Denver, in its own discretion, elects to abut out the aain Trail Creek Interceptor. b. Denver had dHivnated 500 af to Englewood under Section 3.3. c. Volume of curtail.Mnt • 15 af. (500 X 21 days X 91)/61 days 2. Example 2 3. a. Direct flow is a•ailable for diYeraion at the Trail Creek Interceptor points of diversion, but the aain Trail Creek Interceptor is partially out due to a break for the June 1- to-June 21 period, and DenYer, in its own discretion, elects to abut out the aain Trail Creek Interceptor. b. Denver had deaivnated Oaf to Englewood under Section 3.3. Volume of curtailaent •Oaf. 6 . , .. I . • 0 I ]~ • • • • (0 x 21 days x 91)/61 days C. Any reduction in delivery obligations shall not reduce amounts previously designated or required to be designated by Denver under Article III of the general agreement among Cyprus, Denver, and Englewood. D. In the event, during any Water Year, Denver delivered water in excess of its obligationa after the total curtailment has been calculated pursuant to IIIA, above, Denver's delivery obligation in tbe next year(s) shall be reduced in an aaount equivalent to tbe excess. 7 .. I . . 0 • I. GENERAL • 0 • EXHIBIT E REGULATORY ACTION The purpose of this exhibit is to give guidance to -the parties and/or to the engineering arbitrators (collectively, •the successors•> in implementing reductions pursuant to Section 6.2 in Denver's obligations to deliver water to Cyprus and to Englewood under Articles IV and III, respectively, of the settlement agreement. This exhibit describes the general bases on which Denver's delivery obligations to Englewood and Cyprus set forth in Articles III and IV were determined. The successors ahall use the descriptions herein as the bases on which reductions to Denver's delivery obligations are to be deterained. Because the exact nature of any future Regulatory Action, and the resultant adverse effects upon the yields of the Q(C System and Q(C Water Rights, cannot be foretold, the purpose of this exhibit is to provide guidelines, within a defined aethodolo¥1, to implement reductions in Denver's delivery o61Igatlons. ia exhibit also provides examples of such reductions resulting from hypothetical Regulatory Actions. By setting forth the guidelines outlined in this exhibit, the parties are not expecting, acquiescing, or in any manner agreeing to the authority, appropriateness, or necessity of any Regulatory Action. II. USE OF W.W. WHEELER AND ASSOCIATES, INC., YIELD STUDIES OF THE CABIN-MEADOW CREEK SYSTDI A. General Pursuant to Section 6.2 of the settleaent agreeaent, the successors shall deteraine the reductions in yields from the Q(C System and ate Water Rights resulting from a Regulatory Action by application of the action to the W.W. Wheeler Yield Studies, provided the aucceaaora agree that the 19S2- through-l9S6 study period is adequate ao aa to incorporate the full effect of any long-term illpact. Then, by comparison of such altered yields with the yields defined by the w.w. Wheeler Yield Studies, the successors are to aake appropriate reductions to Denver's delivery obligations. The use of the term •yield· herein, and its derivatives herein, i.e., •w.w. Wheeler Yield Studies,• •altered yields,• and •reduced yielda,• ia aynonyaous with the term, ·Lawfully Divertable Allount,• defined in paragraph 6.2.1 of the settlement agreea~nt. 1 • - •. I . • 0 • • • "' -• 0 , . • The successors should utilize the operational criteria, to the extent practicable, in the same fashion and to the same extent as utilized in the W.W. Wheeler yield studies, except to the extent by which the effects of the Regulatory Action are measured and results therefrom are calculated. B. Definition of the W.W. Wheeler Yield Studies Attached to this exhibit is a copy of an outline, entitled •summary of Cabin-Meadow Creek System Yield Studies, Conducted by W.W. Wheeler and Associates, Inc. 1967-1975,• prepared by Mr. Gary Thompson, P.E., engineering consultant from W.M. Wheeler and Associates, Inc. for Cyprus in the settlement negotiations leading to the settleaent agreement. This summary describes some of the basic assumptions and monthly streamflow hydrology incorporated into the W.W. Wheeler Yield Studies. The W.W. Wheeler Yield Studies, in turn, incorporated in varying degrees results and assumptions described in the following studies: (l) an untitled and undated handwritten spreadsheet of a yield study of the Cabin-Meadow Creek System (attached); (2) "Report on Proposed Ranch Creek Collection and Storage System," dated April, 1956, prepared by Tipton and Kalmbach, Inc.; (3) •supplement to Report on Proposed Ranch Creek Collection and Storage System,• dated October 31, 1956, prepared by Tipton and Kalmbach, Inc.; (4) •Report on Proposed Ranch Creek Collection System,• dated December, 1970, prepared by W.W. Wheeler and Associates, Inc.; (5) a letter report, •Re: Ranch Creek Yield,• dated September 8, 1975, prepared by W.W. Wheeler and Associates, Inc.; and (6) •Englewood's Ranch Creek Project Yield,• dated June 7, 1985, prepared by W.W. Wheeler and Associates, Inc. Tables 1 through 7 of the Thompson outline set forth the amount of flow assuaed to be available to the Cabin Meadow System at Meadow Creek Reservoir (Table 1), Trail Creek Diversion (Table 2), Trail Creek Tributaries (Table 3), Hurd Creek (Table 4), Hamilton Creek (Table 5), Cabin Creek (Table 6), Little Cabin Creek (Table 7). Tables 9 through 15 set forth the assumed requireaents for water by senior water rights iallediately below the Cabin Meadow Creek Systea at Meadow Creek (Table 9 -Vail Ditch), at Hurd Creek (Table 10 -Hurd Ditch), at Hamilton Creek (Table 11 -Axel Ditch), at Little Beaver Creek (Table 12 - Diamond-T Ditch; Table 13 -Fullerton-Klein Ditches), at Little Cabin Creek (Table 14 -Hartshorn Ditch), and at Cabin Creek (Table 15 -Fullerton Nos. 2, 3, Granite, and Cabin Creek Ditches). Englewood and AMAX (Cyprus's predecessor), did not construct interceptors to divert atreamflow froa Trail Creek and from 2 . , • - ... I . • 0 - • • • ,~ • Little Beaver Creek. Englewood and AMAX did construct interceptors on the two Trail Creek (North and South Trail Creek Tributaries) tributaries as contemplated at the tiae of the December, 1970, Wheeler report. The Wheeler yield studies of September, 1975, and June, 1985, did exclude the Trail Creek and Little Beaver Creek streUlflows froa the yields of the Cabin-Meadow Creek System, and the successors should do likewise in their ·analyses of the effects on yield from a Regulatory Action. Since the Little Beaver Creek interceptor was never constructed, the requireaents for water by the Diamond-T Ditch (Table 12) and by the Fullerton-Kline Ditches (Table 13) no longer have any relevance to the yield of the Englewood Cabin-Meadow Creek System as estimated by the W.W. Wheeler Yield Studies. Tables 16, 17, 18, and 19 set forth the •w.w. Wheeler Yield Studies" from the Cabin-Meadow Creek System. These yields, in part, were used as the basis for establishing Denver's delivery obligations to Cyprus and to Englewood under Articles IV and III, respectively. c. Exalanation of Denver's Delivery Obligations to Cyprus an to Englewood 1. While Henderson Mine Is In Operation (Paragraph 3.2.l) a. Deliveries to Cyprus Based on Column A2 of Table E-1, the engineers determined that Denver's aaxillua delivery obligation to Cyprus would be 3,000 acre-feet each year with Denver, however, retaining the rir.t to liait ita delivery to Cyprus to 2,650 acre-eet in any one rear out of ten consecutive years. (A 1954 yie d to Cyprus of 2,654 acre-feet froa a different W.W. Wheeler rield study was selected as opposed to the 1954 yie d of 2,363 acre-feet shown in Col\lllll A2 of Table E-1.) b. Deliveries to Englewood (1) Basic Deliveries Based, in part, on Column A3 of Table E-1, and also upon actual yields historically available from the Cabin-Meadow Creek System since its initial operation beginning in 1975, and also upon comproaise, the engineers dete:nained that (a) Denver's ainiaua ten-year delivery to Englewood would be 23,200 acre- feet (rounded down froa the annual average of 3 .... • . ... I . • 0 '32xl ....... • • • " • 2,322 acre-feet); (b) Denver's ainiaum delivery to Englewood in any one year would be zero acre-feet; and (c) Denver's ainiaum delivery to Englewood over any two consecutive years would be 2,600 acre-feet (rounded down from 2,608 acre-feet). Using engineering judgment and upon ccaproaise, the engineers set Denver's aaxiaum annual delivery at 2,700 acre-feet. (2) Paid Deliveries The engineers reviewed W.W. Wheeler's Yield Studies of the quantification of South Platte River Exchange yields to Englewood shown in Column C(2) of Table E-1. Due to aany complexities and liaitations associated with the actual realization of such yields, the engineers coaproaised on a Denver delivery obligation to Englewood in lieu of the actual operation of the South Platte Exchange whereby Denver's delivery obligation will consist of (a) a minimum ten-year delivery of 3,200 acre-feet; and (b) a aaxiaum annual delivery of 700 acre-feet. 2. After Henderson Mine Ceases Operation (Paragraph 3.2.2) (a) Basic Deliveries Based in part on the results shown in Coluan 82 of Table E-1, and also upon yields actually available from the Cabin-Meadow Creek Syst .. since its initiation of operation in 1915, and also upon compromise, the engineers deterained that (1) Denver's ainiaum ten-year delivery to Englewood would be 26,600 acre-feet; (2) Denver'• ainiaua delivery to Englewood in any one year will be 1,500 acre-feet; and (3) Denver'• ainiaua delivery to Englewood over any two consecutive years would be 4,100 acre-feet. Upon coaproaiae and in return for a larger ainiaua-year delivery than indicated by the W.W. Wheeler Yield Studies, the engineers set Denver's aaxiaua annual delivery at 3,200 acre-feet. (bl Paid Deliveries Because the South Platte River Exchange, which the Paid Deliveries effectively replaced, was to operate independently froa the Denver Exchange, 4 • ' • . I· • 0 , • • • • • the en9ineers retained the exact aaae Denver delivery obli9ation as described in IICl(b) (2) herein for the period durin9 which the Henderson Kine is in operation. III. IMPLEMENTATION OF REDUCTIONS IN DENVER'S DELIVERY OBLIGATIONS A. General Denver'• obli9ationa to deli,,.r water to Cyprus are eaaentially defined by two tema: (1) provision of a delivery of up to 3,000 acre-feet each year; and (2) Denver uy deliver only 2,650 acre-feet in any one year out of any ten-year period. Likewise, Denver' a obli9ationa of Basic Deliveries of water to En9lewood require a ainiaua ten-year delivery, a ainillua annual delivery in any one year (after termination of operation of Henderson Kine), a ainillua delivery over any two years, and a uxiaua annual delivery. Denver's obli9ation of Paid Deliveries to En9lewood only require a ainiaull ten-year delivery and a uxiaua annual delivery. If faced with the taak of IIOdifyin9 Denver's deliver obli9ation, baaed on the illpacta of the Regulatory Action to the W.W. Wheeler Yield Studies deteraination, it may be appropriate or even necessary to extend the 1952-1956 Wheeler study period. Nonetheless, the aettleaent en9ineers provide the followin9 l)Uidelinea and examples for consideration as appropriate and applicable. B. Denver's •Denver Excban99• Delivery Clbli9ationa 1. General · The tera •Denver ExcbamJe,• u used herein, ia •ant only to be used aa a auna to the end of deterainin9 what Denver'• deliYery abli9at1ona, uain9 the W.W. Wheeler Yield Studies, would have been if tbe 1964 and 1969 a9reeaenta bad been operatin9 after the iapoaition of a Regulatory Action. 2. Denver's •Denver Exchange• Delivery Clbliaation to Cyprua Table E-2 auaaarizea the effects upon tbeJielda of En9lewood'a Cabin-Neadow Creek Syat• rea t1n9 in a hypothetic•l rel)Ulatory action or legal failure. Coapariaon of Colan AS of Table 1-2 with COlan A2 of Table E-1 reveals that insofar aa DenYer'a abli9ationa to Cyprus are concerned, only the ainiaua-year, 1954 yield baa cban9ed, reduced froa 2,363 acre-feet to 2,000 acre-feet. So lonv u tbe uae of any other period other than 1952 throu9b 1956, inclusively, abowa 5 • . I. • 0 , 2 I - • • 0 I• • that the Cyprus Credit would not be less than 3,000 acre-feet during any ten consecutive years, the settlement engineers would recommend that Denver's obligations to deliver water to Cyprus retain the requirement for Denver to deliver up to 3,000 acre-feet each year. However, the once-in-ten-year requireaent should be reduced to 2,246 acre-feet, which is determined as follows. Because the settlement agreement's once-in-ten-year requirement was 2,650 acre-feet, based on a different Wheeler yield study than that presented in Table E-1, the settlement engineers would reduce the 2,650 acre- feet by proration, the new once-in-ten-year requirement being 2,243 acre-feet. i.e. 2,650 X 2,000/2,363 • 2,243. During this occurrence, which is assumed to occur no more frequently than once during any ten consecutive years, Denver's obligations to release water fraa Williams Fork Reservoir (WFP. Replacement Account) shall also be reduced proportionately to 1,862 acre-feet. i.e. 2,200 X 2,000/2,363 • 1,862 3. Denver's •Denver Exchange• Delivery Obligation to Englewood (Basic Deliveries) a. With Henderson Mine in Operation The full reduction of the total •Denver Exchange• yiel'd:ii to be applied first to deliveries to Englewood, and second to deliveries to Cyprus if the reduction is so great as to eliainate any obligation to Englewood. The hypothetical reductions in Table E-2 do not coapletely eliminate Denver's obligations to Englewood. The settlement engineers would reduce Denver's delivery obligations to Englewood as follows, from Table E-2. Assuming the successors consider the 1952-1956 study period adequate ao aa to incorporate the full effect of any Regulatory Action, the 10-year minimum would fall to 19,860 acre-feet as a result of subtracting the full reduction of total yield from Englewood's allocation of Wheeler'• basic yields, shown in ColUIUl A(6) of Table E-2. The minimum annual delivery of zero acre-feet would reaain at zero acre-feet. 6 .... • •. ... I· • 0 , • • • • •, • • The minimum 2-year obligation would be reduced from 2,600 acre-feet to 2,200 acre-feet 12,200 acre-feet for 1953 plus O acre-feet for 1954). The maximum annual delivery would be reduced to 2,311 acre-feet. (19,860 x 2,700)/23,200 b. After Henderson Mine Ceases ODeration The full reduction of the total •0enver Exchange• Yield is to be applied to deliveries to Englewood, as shown in part B of Table E-2. Tbe settleaent engineers would first reduce EnJlewood's Jre- reduction yields in Column BS o Table E-by the hypothetical reductions in rield ICOlumn B3 of Table E-2) to arrive at Eng evood's •initial• post-reduction yie.ld (Column B6 of Table E-2). Then, because the settleaent engineers provided Englewood with a lliniaum, pre-reduction ten-year delivery of 26,600 acre-feet, which exceeds W.W. Wheeler Yield Studies' estillate of 25,970 acre- feet from Column 82 of Table E-1, it is necessary to increase the below-3,000 acre-foot yields to Englewood calculated in Column B6 of Table E-2 by the quotient of 26,600 divided by 25,970. These, slightly enhanced yields (Column 87 of Table E-2) provide the final yields to be used to set Denver's new and reduced delivery obligations. The settleaent engineers would reduce Denver's ainimum ten-year delivery obligation to EnQlewood to 22,420 acre-feet (COluan B7, Table E-2). Because the 22,420 acre-feet is in excess of the 21,000 acre-feet cited in Paragraph 6.2.4, then in this example, the provisions for determining Adjustment Water in subparagraph 6.2.4.3 are not applicable. Because the settleaent engineers deterained that the minimum annual delivery to Englewood abould be 1,500 rather than 1,181.5 acre-feet derived froa Column 82 of Table E-1, the settleaent engineers would prorate the ainiaum annual deliverr, obtaining 1,064 acre-feet (838 x 1,500)/ ,181.S. Because the settleaent engineers deterllined the two-~ear miniaum delivery to Englewood should be 4,10 acre-feet, rather than Wheeler'• 3,985.5 acre-feet derived free Coluan 82 of Table E-1, the 7 ..... • .. ~ I • • 0 '32xl c. • • • .. settlement engineers would prorate the two-year aini.aum delivery, obtaining 3,387 acre-feet. 4,100(2,454 + 838)/(2,804 + 1,181.5) Finally, the eettleaent engineers would calculate the aaxi.aum annual delivery to be 2,697 acre-feet (22,420 X 3,200)/26,600. Denver's •south Platte Ri,rer Exchange• Delivery obllgation to Enjlewood (Paid Deliveries) The.settlement engineers would prorate both the ten-year lllini.aum delivery and the annual aaxiaua based on the results of the yield studies shown in Column C2 of Tables E-1 and E- 2. The reduced ten-year lllini.aum delivery would be 2,820 acre- feet. (1,707 x 3,2001/1,937. The reduced maximum annual delivery would be 617 acre-feet. (1,707 X 700)/1,937. • " -. ' .. I . . 0 1 32xl • • !It :"' ~ !" ~ !-' !" :"' 1 11;1 1 , I! 11 1!Jt r 111 nun•! HI:.! ~ ll: lff l'I 1·t 1 i· i I PII 'i 11 iiHH 1! ff t t1 I U I,·, ,r-1 i; ~ 1 ,'i·· JI ; fil ' t, o • ~ 11 If' S t. it. f t ~,, i l ff S S ; I ! . I (!,•!•~, '11'i ! -iJ -, 1i' ,,,1111; ~a( "I 1· ' ' a 1 f <l't & 1111 .. ,fr• is sl I ~ f! ~ "f ,idl I H ,&1 1 • t1!!i ! 1 i 111 111 l,:. ~ I !tr.h I ff Ill l;1,1 ! II !II = ;.,o a ~.t""I •.tff . . I . I 1°1 i i Hih t d Pl 1i•!J ! :: h ~ e 8 s ~ 1' IJ H . f 11 ff ! d f & : l J : ~ i I I e 11 · I ... s 11 11 • I ! ! .. 11•~. I 1'1 -~ . is1g f af l• .1 ! ! 1~11 i ft.iii J • , . \ 0 • r I O . • I . ~ '\ L..-a • • .. !D lJ li!Hliill!Hi 1i i ;11:1i uu ~ 1 i i n Ip I q 1 ;1 r rht!! uf! , , A ~ I .. ! iJ I H:. L 1 . ; 1 I .u•h t1 r• ~ • r ! 1 ! u rt I B : 11 1 1 i~u;i ,u1 ~ I N , q . ..i t ii . i I I .. Jh hi I ff I (i' ~ It f f l f I iif i . I ... illnJ(t:if it ! 1 ,11 r1 Ii • ' . ,. I i 11 I r f r I I . § J J. II ! r . , I • . . . • ~ (...) ~ ' X / o ' -. • •. 0 ,~ • - TAILE 1 TOTAL N=LOW TO IIUDOW CREEK IIEISIVOIR -PEIICENT OF IIUDOW CREEK GAGEi cv ... 111~•• YEAR APII IIAY JUN JUL AUG TOTAL 1952 238 2.187 1,151 187 301 1.117 1953 15 1,517 3.191 '83 212 5,153 1954 0 1,790 721 0 0 2,511 1955 177 2,320 2,073 '81 152 5,208 1956 51 3,149 2,381 259 -5,145 TAIi.i 2 AVAi UI.E FLOW • TIIAIL CIIIEK IV.._ In Acn-FNIJ YEAR MAY JUN JUL AUG .. TOTAL 1952 128 212 31 11 0 ... 1953 12 117 21 11 0 211 1154 47 23 0 0 0 10 1155 74 15 21 11 0 213 1151 135 107 11 0 0 211 TMLE3 AVAi AILI FLOW • TIIAIL CIIIIK TIIIUTAIIEI IV..._111,....,..1 YEAR IIAY JUN JUL AUG 11P TOTAL 1952 203 4IO 53 30 0 771 1953 105 321 " 21 0 I01 1954 74 31 24 11 0 141 I . . 1155 117 111 43 21 0 311 0 19SI 214 117 21 23 0 4IO .... .,. . , .. • . ..... . - YEAR 1952 1953 1954 1955 1956 YEAR 1952 1953 1954 1955 1956 YEAR 1952 1953 1954 1955 1951 • MAY 352 183 128 202 371 MAY 422 220 154 243 445 MAY HS 501 352 555 1,020 . - • 0 I• • TA&E4 AVAi •• E A.OW • HURD CREEK CY..._ In Acre-feett JUN JUL JUL 712 88 52 521 74 45 14 33 0 2H 72 50 302 44 0 TMLEI AVAi ••EA.OW· HAIILTON CREEK CY.._ In Acre-feett JUN JUL AUG 1,303 140 81 811 117 70 108 e, 0 441 114 71 417 10 0 TMLII AVAi •• E PLOW· CANW CREEK CY..._ln.._.,_, JUN JUL AUG 3.170 332 1H 2,102 280 113 217 131 • 1,072 271 112 1.210 151 0 • I' - •. IEP TOTAL 0 1,284 0 128 0 225 0 513 0 717 IEP TOTAL 0 1,141 0 1,273 0 321 0 171 0 1.012 .. TOTAL 0 4.H3 0 3,048 0 IOI 0 2.0IO I . . 0 2.- 0 , 2 YfAII 1952 1953 1954 1955 1956 YEAR 1952 1953 1954 1955 1956 • YEAR 1952 1953 • 1954 1955 1958 ........ • • 0 t• - TAILl7 AYAIA aa f ROW • Llffl.f Caalll CllflK CY..._111Ac19.._., IIAY JUN JUL AUG .. 153 313 25 11 0 IO 208 30 11 0 H 25 I 4 0 18 1oe 21 20 0 182 111 11 0 0 TMLEI ITRAWIERRY CREEK Fl.OWi AYAIA A&E TO VAL DITCH MAY 441 .. ... 150 15 137 147 IIAY 328 328 328 328 321 CY .... Ill Aaa-feetl JUN JUL AUG 998 98 0 191 0 0 0 0 0 0 0 0 0 0 0 TAIi.i I VAL DITCH IIEQUIIEIIENT CY..._111Ac19-Feetl JUN JUL AUG 1,407 737 321 1,407 737 321 1,407 737 321 1,407 737 321 1,407 737 328 • IEP 0 0 0 0 0 .. 415 415 415 415 415 ' TOTAL IOI 331 IO 243 298 TOTAL 1,535 348 15 137 147 TOTAL 3,215 3,215 I· • 3.215 3.215 3,215 0 • •. 0 • TAIi.i 10 HURD DITCH Mm-M:il/T .,,.... .. ,...,..., YEAR MAY JUN JUL AUG .. TOTAL 1952 0 IO 112 IO 0 342 1953 0 44 78 112 0 234 1954 0 134 124 H 0 314 1955 0 ,. 124 II 0 208 1956 0 IO 100 0 0 190 TAILE 11 AXEL DITCH .....-ENT cv ............ YEAR MAY JUN JUL AUG .. TOTAL 1152 0 38 .. 38 0 138 1953 0 18 32 ... 0 H 1954 0 H IO 24 0 130 1955 0 • IO 21 0 14 1951 0 38 42 0 0 H TAILE 12 DIAIIOND-T DITCH .....-ENT cv ... In Aa9-l'Ntl • YEAR MAY JUN JUL AUG .. TOTAL 1952 0 .. 111 .. 0 250 1953 0 ... 14 120 0 252 1954 0 71 II 30 0 342 1955 0 18 132 72 0 214 1151 0 41 108 54 0 2H I . . 0 I I • • l;. ,· • 0 I• • • TAIi.i 13 FUUIRTON-tCLEPI DITCH RIQIIIIEIIENT IV..._ln...,._I YEM IIAY JUN JUL AUG ... TOTAL 1152 32 H 32 0 0 120 1953 0 II 21 . 40 0 14 1954 0 41 0 20 0 • 1955 0 • 44 24 0 14 1951 0 32 31 18 0 .. TAIi.i 14 IWITIHOIIN DITCH RIQI-IIINT IV..._ln...,._I YEAR IIAY JUN JUL AUG ... TOTAL 1952 0 30 52 30 0 112 1953 0 14 21 31 0 71 1954 0 44 40 11 0 102 1155 0 • 40 22 0 • 1151 0 30 34 0 0 14 TAIi.i 11 FUUEIITON NOi. Z & 3, QIIAllff, & CAiii CIIIIK DITCH IIIQI-NINT IV..._111........, • YEAR IIAY JUN JUL AUG -TOTAL 1952 0 114 204 114 0 432 1953 0 H 100 140 0 2H 1954 0 170 114 70 0 394 1955 0 20 114 14 0 2U I . . 1951 0 114 121 0 0 242 0 -··· • .... • '32xl I ~ . i =H ilj 1~ • I I • I ~1-1 _,., ... .... : i 0303 I 0101 ~ ~ ! :z:.01 N~ • -- • oo•• ;; • 0022 • • .... i eooe = = .. .. I ur alll · .. - i::2~ •o• ....... 0000 oioi ~!o! •-o! -· ... l 0 (l .... !00! ur ,111 • 0 , • • .. oo .. a I i=0 I .. .. •.: • 0000 0000 0000 0000 0000 !00! .. .. 0000 •• o .. --.-=. ~ -- -oo-I I 1001 .. .. ~00::! NOON ... ... ~ ~ :l :l -- ur 1111 ur 11!1 \ . ... _ .. :!:;11 .. ..... 0000 0101 o!o! !~0--- oo-- == .. .. "00 .. 5 -~ ur 1111 ..... "",..._ :;1:: .... .: ,.: 0202 .... o-o-I I !l 0 l - Sl!i .. 0,1 I • .: .. !00 1 ... .. ur 1111 ' . • I • I . \ ( l '"\ '! I •. I . • • • 0 I• • l!!!!!s • • • '--............ __ • I . I· • I 0 , • • • • • I !illl ·::1i~ 00000 il§0 § !il:i:i ==== I ... o• ...... ..... ..: ..: ..... " w el ..:..: ..... N.:.; . i o!!o! 00000 00000 00000 00000 =o= 11 I o!!o! 0 ii 0 i 00000 00000 0 11°1 ... o ... ; ; ii I 0 11°1 oe•o• 00000 00000 0 ll0 l E0 E ;; ; C Ii ---,hi • ooo•• -o-o.-00000 0 11°1 1 !1°1 .a! 'Iii --! = = •• -- • 00055 ;o;§! 00000 -o-o-000--!I! 11 R R R !! .... ...... ..:" i !0 9°9 •O•O• 00000 00000 •O•O• 1°1 I ------...... ~ ~ 9': --.. Ji I JI I JP fl I JH f11 I Iii 11 11 111r 11 11 11 11 1·1 J. I J. I J. I J. I I· I 111 I 111 I 111 J 111 I 1111 1h .. -.. . I • I I· • 0 • I • • • f I 0 o I i ! e - ,, 8 • 0 0 0 0 = ;_ N - I, I 0 0 0 0 ! i ii ,- ,IU ! .. 0 0 • 0 • ~ " lhj 0 ! ; ... • 0 0 : 1:2! Ii 0 0 0 O 0 • 0 11 i 0 O 0 0 0 0 I i I I i l .. - - I I I I C 1 I I_' • •. 0 • ... • ':' ·1 J, •• I ,Ji • • • ' l:1 • I 0 STRUCTURE C..V-No . 1 Ditch GeN.ns No . 2 Ditch Lost CrHk Ditch GeN.ns No . 2 Ditch John Shore Di1ch I .W. Field Mule Creelt No . 1 Ditch John Shore No . 1 Ditch luncher Ditch I .W. Field Mule CrNlt No . 2 Ditch F .A. Field Ditch Scholl Ditch Williama Ditch Skylark ReHrvoir McCendli11 Ditch Nonh Skylark Ditch South Skvlark Ditch • • 0 • ECtalT F •YI.AM IIANCH WATBI IIIOHTS APPROPRIATION DATE ADJUOICA TION DATE WAT8l llGHTS ON LOST C-. c,e.o2. 1902 Ol-03·1111 01-30-1904 Ol-03-1111 09-18-1908 Ol-03-1911 09-30-1904 03· 11· I 9111 WAT8l lllOHTS ON MULE CIIIB I 0-01-1888 Ol-03-1111 05-31 -1889 Ol-03-1111 Ol-30-1190 Ol-03-1111 12-31 -1117 Ol-03-1111 07·15-1908 Ol-03-1911 ADMIN . NUMBER 20871.11141 20871.111H 21443.00000 23414.lltH 20871.14114 20871.143H 20871.14711 20871.17132 21 380.00000 WATP NGHTS ON KYI.Allt C:-. 011-15-1111 Ol-03-1IOI 14380.00000 12-01-1887 Ol-03-1111 20871.13141 05-20-1888 Ol-03-1911 20871.14020 12-31-1903 Ol-03-1911 20871.19722 07-28-1917 07-12-1911 24114.24171 Ol-01 -1913 10-21-1911 14241 .2:1112 Ol-01-1141 10-21-19155 31372.00000 ..... 1 of2 DECREED AMOUNT 2.000 cfa 1.371 eta 1.000 cf• I .125 cf, 2.1 ct, 2.1 eta 2.0 eta 2.1 eta 1.0 eta 3 .21 eta I.IO cf• 3.00 eta 12.23 AF I .IO eta 3.00 eta 1.IO eta ,,, - •. I • • 0 \ ! I'!; f • • • ~HDltdl .... , ... ...... "" ~IJDlldl o, ... , ... ...... "" ~IZDlll:ill 0141-18'0 ...... "" ~,, Dltdl 07-IMalO OI-OJ·1111 .... ,, Dlldl oa-ao-1111 OI-OJ-1111 ._. ,2 I 13 Dlldl ~ CM.J0.1IOI oa-oJ.,,,, ....,,, Dltdl 1Z-IMIOI oa-11-1111 ....,,2Dltdl 1Z-IMl13 .. ,,.,,,, ....,,3Ditch 12-31-1113 Ol·1Ml17 lleuhlef " Ditch 12-31-1913 .. ,,.,,,, ......... , ..... 20l71.1,111 20l71.1'511 20l71.1,112 20l71.1'8ZZ 20l71.177M Z11M.clODOO Dl17.zcMU Ul17.Dl71 Ul17.Dl71 Ul17.U371 1.1nc11 1.1n di 1.llOdl 1.llOdl l.OOOdl l.000 di .IOO .IOO .IOO .IOO . ' .. I . , . , • 0 I STRUCTURE 0.,,,.,. No. 1 Ditch 0.,....,. No. 2 Ditch Lott Cl'Nlt Ditch Gervena No. 2 Ditch Jahn Shafe Di1ch 8 .W . Field Mule Creel< No. 1 Ditch Jahn Shafe No. 1 Ditch lurtcher Ditch B .W . Field Mule Creek No. 2 Ditch F .A . Field Ditch Scholl Ditch Wlliem1 Ditch Slylerk "'-voor McCandl,11 Ditch Nont, Skyterk Ditch South Skvlarlt Ditch 911MJI•••" \ • • 0 • IXHl9IT F KYLAIUt IIANCM WATIII IIIGHTS APPROPRIATION DATE ADJUDICATION DATE WATIII IIIGHTS ON LOST CMllt OI-02·1I02 Gl-03-1111 Ol-30-1904 Ol-o3-1111 Ol-11·1IOI 09-03-1111 Ol-30-1904 03-11-1111 WATIII IIICIHTI ON 11111.E CMllt 10-01-1111 09-03-1111 05-31-1189 08-03-1111 Ol-30-1190 08-03-1111 12-31-1897 Gl-03-1111 07-15-1101 01-03-1111 ADMIN. NUMBER 20871.11141 20l71.1HH 21443.00000 2Ml4.11HI 20971.14114 20971.14318 20871.14711 20971.17132 213IO.OOOOO WATIII IIICIHTI ON lltYLAIII CM11t 01-15-1111 Ol-03-1IOI 14380.00000 12-01-1117 Ol-03-1111 20l71.13141 Ol-20-1111 Ol-03-1111 20l71.14020 12-31 -1903 Ol-03-1111 20l71.11712 07-21-1117 01-12-1111 24114.24171 OI-01 ·1113 10-21-11111 34241 .23112 OI-Ot -1141 10-21-1111 31172.00000 ..... 1 of2 - DlCIIEED AMOUNT 2.000 eta 1.371 eta 1.000 ct, I .1211 eta 2.1 eta 2.11 eta 2.0 eta 2.5 eta 1 .0 eta 3 .21 eta 1 .IO eta 3 .00 eta 12.23 AF 1 .IO eta 3.00eta 1 .IO eta ,. - • I I • • 0 "' -• • ,. . ~ . • • - • WATIII IIGHTI ON IATTLI Cll&K I'll Llnghalen " Ditch 09·30-1189 Ol-03-1911 20871.1'511 1.12& ffl Llnghalen 13 Ditch 07-30-1189 Ol-03-1911 20871.14111 1.121 ct. Llnghalen ,2 Ditch 07-01-1890 Ol-03-1911 20871.14792 1.210·· Llnghalen " Ditch 07•31-1190 Ol-03·1911 20871.14122 1.JIO ct. ._.,,Ditch Ol·20·1198 Ol-03·1911 20l71.17714 !' l.OOOcb ._. 12 I 13 Ditch 04·20-1908 Ol-o3·1911 21214.00000 l.OOOcfl .. lleuNer I 1 Ditch 12-31-190I oe-11-1111 Ul17.20413 .IOO a.Iller I 2 Ditch 12·31-1913 oe-11-1111 Ul17.13371 .IOO a.Iller 13 Ditch 12-31-1913 Ol-11-1917 Ul17.13371 .IOO leuhle, " Ditch 12-31-1913 oe-11-1111 Ul17.W71 .IOO • f • I. • 0 _,... ..... • • • 0 - malaff ·•1· -·------IL.-----------........ _____ -------------- MallAINAaMl&- ..... ALL-•nmmn_ .......... rm• •a.a raai, • -·••r1 -,.nu.a el Ille 8&a&a ef CIDIK ... .......... ,. ...... Uad ..... . ... 1,,11, Cdwa MW •c.a, .......... l • ............... ~.i~......-,-C _.._, ,_, Offia a. 11, ~. c.l1nla INll ...,.. a.. ca-1l ... -.. .. .... -. ............ ......,-... ........ ~.- All aAi ............... --·la ... -1 >)#• ..... = •• ... auww• •1111 .. 1 ••-.,.Jr••'• ~ .. 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II o. . ................ •• ...................... 0 ----· -..... ____ .. ... ._ .. ._ .. __ -... • --• .... ...... l .. • _JJ ' • I J) ~ C 1,, t'ri 1~11111•r Jf!'Jflf I fJfJi fltiJ lf~i I a: . r I , 1 r. r t 1 •~ i I J f t .. , . 1 pf! f lJ) II a•n l J,11sr p p·,1 i'fi 1f1u ,. -c.; ,1 . l•j a.I' ·1 wf I I rl .rw• l!I .. II !!ii hhi Rff i n~,·u, ,uif JrJr KIJt ;i IC .., ~ ,fi! 11111 1,,11111J1;1 !1111 1!li 111 I; 0 :J :J J) ~ ...; -z ·~il iffl! ftl liiif!li 1l!if -ilif Iii I J) z t:I • J 1t . • I E: 0 'if ·'ti' .. , 't·lf' i'rf r•'i ](, 0 • t:: 11 . f' 1-II Ji :r 1,r 1~ , ... ; -I O . i, 1U1 l'I z r n • ,.r 'f ~w'J' fff I., 'II 11 I fl ••• I f •••• , fH }h ,I, ...; .I:! ,.!ff ~ ~ li!ll~I~ If H !rt1 !!1 ii 0 ~ "' z ~ GI r m E: 0 0 t:I ··11 .. lt' i!ij UJJ r:i J! : fl .. ,, .. , C ,-;~ ''I r',J ' " ... , ltl 't: J) ~-~ RI f •1:, } ;fir' ' ,.. .., G': I: .. ,.. 5 5 I\ I \ I --·--·-· -----w ... ·_&;I,... --· . -/'] ',, . • ~ • • . .. (. .. "" V 0 • • ,, - . ' •. 0 -( . . ... AU G 8 ·s~ 1•:ea FROM MARTIN AND WOOD, INC . TO ENG~EWOOD PAGE.884 .. ,,j i! I 1 "f11Jf 11 ~111' ~·11 1if 1 ~ di if. ·l ••.• •, 1 , r 1 111 1,,H&i Jllltl fiiif~fl un11u•, UljU11l1 · • •1 Is I Ii '1,'lr lfilf Jj lllf~illlff~li I Hlfilll1 (1!• lltiJ ~·al,, I· •i' l11lj 1 II .11 ~·-1 I ~~ I& • I & I•& .. I • liJUf!UJ fli!iilllllliifl!lifitfJi lji h' J1tj1 ti · l·JI ••t t11lt1ltfllillff~f·!1,1 ti 11,t 1'iii I I rtl 11 tf •,Utf I ffllillfllffiilflil 1 l.111,, .JJ~i'h I I •.• r& 1 1 I 11 •t • 1jll1,,;11,51!fl!f '1 tr, lh •J af1 •1 I 1 .... I . I . I I . -If li!lil! Jr uf i1 Jrf 1 ii U1a1~tH u1pp1 f1J fl .. , I I P•· r1 lfllill!jl 1i!l11 1 I 1t1rplj I ! 11.. 11 I flt .. •• • t • I .; I . • I l I ' 0 JJ !, • • • ·, • < • ... ...,~ 0 ;;J.J , .. ,1.1 , tf\V II 1, ...... ,, .......... -"'.............. ,\, .. nv~~-.......... '"_. ....... .. ll II .. ,. n Jrr 11111 " i1r1 ... I •• I ' II 11r1 I I • llif 'ilJf; ~liUI 111 HUii lh 1 1111 '1 I! ''') 11! lljU ·1 · 1 I 'I ·Ui•. 111 1111 1, t ... I I .. , f llill'HUI(! lfl Ill r 1! I 1•1 rh"ltilinl I'' ·a1 f t• ,: It r I 1t 1uu~11 1r1 fl ,. t •f I fl fi Ii 11·1 ,, II r I •• 11 I l 1 ... ,, I I .. , t I lfit}iU If till 1•rn r I f\aiJlll ';11 f U, ,rt I, I I I r1r .•• 111, I ·•·lh Hf rff 1 I J 1 . I ' Ii Ii II ' ' ' t t I .. I I I I I 1i 1; r I ' I f 1 t I t I I ' ~ . .. • . . ' I . . 0 r , f • • ~. HUij B '9S 14 :01 F~OM MARTIN AND WOOD,INC . TO EN&LEWOOD -PA&E.885 ~ !I I ii " " " •mt 'H II .. I • I ,,., . , .. I f !IIH tU.UHf 1 •if If 'l'I 'it 1, I , •jiif fl''i .. • I · It if• If tiii .•j 1• ~ t! " I I t l lJI I I I t r JIJf I flHUlll P!f ill I J'• I • ;fl f m111i1 . ,,, 111 f 1 llt I ,.,, Iii I f•11 t 1,, t ,•,,. •• I Ii Ii Ii Ii Ii f I I I I I t 1 1 ( ( I I I I l I I f, 1; 1, fJ fJ fl ' ' ' ' ' ' I t t t t t I I I I I I I Ii I I I r t I I I I f, I I ''I I 'I I r t I I ,, ' . . ' ' ' .. . . I . . 0 I 1- • . ' • ,. . ,.. • .. .......... W ...... • -• ""~ o ft V O I 11"" • I,., P,t l ... __ ... .,. • I ..... O -0 • ••••-•-••• ' •••••WW,... 11i -I .. I . illl .,, 11, I '&I I I I, ·,m,11 l'l1!f lllli 11 1111, IUi1·'1 1i1ii I If, Ii fi ' ' t l I I I I 1; 1; ' ' I t t I I I Ii Ii I I t t I I I I I I 11 fl ' I I t I I I . , ' ' .. . . I . . 0 1 32xl ,· • • 0 I• • COUNCIL COMMUNICA110N Date Apadaltea S.bject September S,199S Approve by motion the ability of 11 a f City Mampmmt to approve and enpae in manapl health care contracts. Iaitiated By saa,rs..rce Department of Safety Services Tan Ulricb. EMS Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL AC110N Council has in the past approved the biJ1ina and collec:tion of fees for transportation of patients by Fire Division Rescues to area hospitals . The City Charter gives the City Management the authority to establish reasonable and customary fees for this aervice. RECOMMENDED AC110N City Council approve a alliaa that allows the City Management to approve and enpge in contracts with Managed Health Care Companies for providina tnmport ISvice to their dients . BACKGROUND, ANALYSIS, AND ALTDNATIVES IDJ:N l"DUD Managed Health Care wu aeated, in part, to &I the void of the &iled Nalioaal Health Plan. In euence it provides full or nearly full coverap of medical ..,.._ to their dieab. Tiu ii done by collec:tina premiums and then going out to di8'ereal Docton, Rolpitela, .......__ llld other a.Ith care related fields (such u ambulw:e compuies) and....,.... a dilcalmt fbr their~ in acbanae for the exclusive use by their clients . When a COlllnCt ii in place, the paymeatl, after receipt of a bill, usuaDy take less than 30 days. Without a contract. a lot of._. COlllpllliea wait up to 120 days to pay. The percentage of a discount it leu than the diacoulll we live to our c:itizma, usuaDy around 10 or 15%. Most of the patients that we trampOrt, that belOlfl to ._. .........., care i111unnce p1ana, are residents. We would still be collectin& a Iaraer percentap oftbe bil • receive paymmt in a more timely fuhion . Since the majority of our non-resident patients are &rm auto eccidenu, auto iDanace companies pay their bills . Ifwe did not enpae in these COlllnCtl they could ...,a11e wida a private ambulance to provide transport at a dilcounted rate 111d we would nr9ly 1l'llllpOrt -, of._.__.. apin. The whole idea of these Manaaed Care CoatncU may IOOD be irnleveal due to a bill inlroduced by Rep . Cardin (D-MD) and Rep . Roukema (R-NJ)Won the U.S. ea.,... T1lia bill would require insurance Companies to pay for Emerpnt-y Care reprdlaa of who ii called to reapond. . -• ,,. - I· • 0 , • • ·, • FINANCIAL IMPACI' With tbele COll1nCtl in place there would be no ....... cblnp in die revaae provided by the unbuJance tnmport fw. Without tbele COlllrlCII, die rwvaae would be Iowa' thin we are Qll'l'elldy projecting. LIST OJ A1TACIIMENTS The .. Acceu to Emergency Medical Semces AtA. or 1995" Kil 2011 . , • .. I . . 0 1 32xl • • 0 I• • ' THE" ACCESS TO EMERGENCY MEDICAL SERVICES ACT OF 1995" B.R2011 INTRODUCED BY REP. BEN CARDIN (D-MD) and REP. MARGE ROUKEMA (R-NJ) Bacqround aad Key Provisions ,. - The purpose of the bipartisan bill is to establish a uniform definition of an emergency medical condition that is bued upon the prudent layperson standard adopted by the Stare of Maryland. The bill would enact this definition for all bea1th plans, including Medicare and Medicaid. If enacted, this bill will end the practice of many IIIIDapd can plans today of 1ebospectively denying coverage for the provision of legitimate emerpnc:y medical services. The bill also establishes other imporlant standards for IIUIDqed care plans reprdiq emerpncy medical services. The bill contains these specific provisions: (1) Establishes a uniform definition of emergency based upon the pnident layperson standard enacted in the Stare of Maryland. (2) Plans could no lonpr require prior amboriz.ation for emerpncy medical services. (3) Pim would bave to cowr emeapocy medical services wnbout n=prd to whether they bave a c:oaaw:t wi1b a pwn physician or imlilutioa for the provision oftbole services. ( 4) Pim would bave to include in their edncatioaal materials lquaac that encounps the approprialie 1a of the 911 syslml. (S) Plans would be probibi1ed from disc:ourapna the appropriate 1a of the 911 system. (6) Plans would not be allowed to deny c:overaae solely on the basis that the plan emollee used the 911 system to summon treallDeDt for an emeapo..-y medical condition. (7) Plans would have to provide acc:ea to emollees 24 hours a day, seven days a week for prior autborimion determinations required by the plan. (8) Plans would have to provide timely amboriz.atioa (30 mmures or lea) determinations for needed care identified as a result of a federally required scremina examination. (9) Plans would have to cover all services provided to plan emollees to fWfill tbc obliplions of Section 1867 of the Social Security Act, otbawise known u the Patient Transfer Act. ( 10) Si!PU,ficantly, the bill establishes penalties of up to S 10,000 for CICb violation or S 1 million for a pattern of repeated and substantial violatiom. .. ""' • ' • . I . • 0 - • ORDINANCE NO . _ SERIES OF 1995 • • • <, BY AUTHORITY ... I• 11 b COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 7, CHAPI'ER lC, SECTIONS 1 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POT BELLIED PIGS. WHEREAS, there has been increase in the popularity of miniature or Vietnamese pot bellied pigs as household pets; and WHEREAS, these miniature pigs kept as pets seem to be more in the nature of a household pet than a livestock animal and should therefore be allowed within the City of Englewood under certain conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter lC, Sections 1 and 4, of the Englewood Municipal Code 1985, allowing for and regulating miniatureNietnamese Pot Bellied Pigs as pets to read as follows : 7-lC-l : DEFINITIONS: SWINE- MINIATURE/VIETNAMESE POT BEJJ JED PIGS A BREED OF SWINE WIDCH IS IDEN'l1FIABLE BY A STRAIGHT TAIL AND SMALL EARS AND WHICH MATURES AT NO MORE THAN 100 POUNDS. 7-lC-4 : SPECIFIC LIVESTOCK PROHIBITED: It shall be unlawful for anyone within the City limits to keep, harbor or maintain cattle, horses, sheep, goats or swine on their premiae1. The only exceptions are those individuals having said animals prior to enactment of this Chapter, OR THOSE INDIVIDUAL.5 HAVING NO MORE THAN ONE SPAYED OR NEUTERED POT BELLIED PIG AS DEFINED IN THIS CHAPI'ER, IF THE OWNER HAS A PERMIT FOR THAT PIG ISSUED BY THE CITY. Introduced, read in full, and passed on first reading on the 21st day of Au,u1t, 1995. I· • 0 , xi • • • Published as a Bill for an Ordinance on the 24th day of August, 1995. Read by title and passed on final reading on the 5th day of September, 1995. Published by title as Ordinance No. _, Series of 1995, on the 7th day of September, 1995. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 1995. Loucrishia A. Ellis .. I • • 0 • ORDINANCE NO . _ SERI~OF 1995 • • • . . BY AUTHORITY ,. 11 b COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 7, CHAPI'ER lC, SECTIONS 1 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POT BELLIED PIGS. WHEREAS, there has been increase in the popularity of miniature or Vietnamese pot bellied pigs as household pets; and WHEREAS, these miniature pigs kept as pets seem to be more in the nature of a household pet than a livestock animal and should therefore be allowed within the City of Englewood under certain conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter lC, Sections 1 and 4, of the Englewood Municipal Code 1985, allowing for and regulating miniatureNietnamese Pot Bellied Pigs as pets to read as follows : 7-lC-l : DEFINITIONS: SWINE- MINIATlJRE/VIETNAMESE POI' BEi JJffl PIGS A BREED OF SWINE WHICH IS IDENTIFIABLE BY A S'fflAIGHT TAIL AND SMALL EARS AND WHICH MA'nJRES AT NO MORE 'l1IAN 100 POUNDS. 7-lC-4 : SPECfflC LIVESTOCK PROHJBITED: It shall be unlawful for anycine within the City limits to keep , hari>or or maintain cattle, horses, sheep, goats or ,wine on their premiaea. The only exception, are those individuals having said animals prior to enactment ol this Chapter,-OR THOSE INDIVIDUALS HAVING NO MORE THAN ONE SPAYED OR NEUTERED POT BELLIED PIG AS DEFINED IN THIS CHAPTER, IF THE OWNER RAS A PERMIT FOR THAT PIG ISSUED BY THE CITY . lntroducl!d, read in full , and pa ssed on first reading on the 21st day of Aucult.. 1995 . ' , .. •· • 0 f 32xl • • • lr1v f J&_D ~UG-T-9~ SUH l~:41 r ·.:., AIJ? 95 0 r 13 '26 CI TY OF '-lllm!GLENN P.91 t.(??V ~ FAX NO. 303 460 8708 // . P. 01 Revised -- • I SP<r,1soRED BY Ctrney/P11ne CO~ CUJ'tAN 1 S BILL ORDINANCE NO. J75 Sadee o 19§:z B~LL FOR AN ORDINANCE AM!NDING CERTAIN IBCTtoirs· OF fflE IIOR'nlGLDN lCIPAL CODS TO PERMIT 'l'H:t l<Et?ING OP POTBBLLIED PICS JfITHnr 'l'HJ: IT 1 OP HOaT!fGL!Hlf 808JECT TO CERTAIN Ll11ITA1'I0N8. IE IT OIU>.\~ 8~ '!'HE CITY COUNCIL OF 'l'HE C.I'l'Y OF NOR'l'HOLE'NN LORAoo, THAT: · ' lSection_.l, S•c:tion 11•7•2 (g) ot th• Northglenn Municipal Code ti reby •••nded to read ae toll owe: Section 11-1-2. B .. trict1Qll!!. • • • * * (9) The keeping ot ehickene, duck•, 9•••• and other !Poul~ry, ~ttle, hor .. •, •~1 .. , 9oet•, aba~ and othar do11astic or bovine ani-ls, otbar than biri:I• Jrept indoors ~· pets, or POTBELLIED PIGS•• p~ovide4 in section 14-7- 1""• a1 as, of the ll'ol°tb9lMn Mllftic:ipal Coda i• ft'ohibitad, The det1nitiona of ~--cont.inad in paction 14-1-1 of the laulieii,al Code •hall apply to the rovi•iona of this Sec,:ion ll-7-2(q). Section 14-1-1 of the lor;t.b9labn 11\lnicipal Cod• eby •-nded to add a new i,ara~aph (r) ea follova: Dlltinitiana. (r) POT8ELLIEI) PIG. A PIG UOISTEltm) lfI1'H A IONA IOI: POTBELLIED PIii UGin'RY AND WEICIRIJICI Lass '1'IWf INl:TY-FIVE (95) POUNDS, action J, sec~ion l4•l-8Cb), (fl, and C9) of the Northvlenn l Code is hereby a .. ndad to read•• follova: 14-J-1. :on11wru1 Ac;+..,s. I I (b) It ahall ba unlavtul for the owner Of any cat OJl POTB2LLIED PIG to perait or allow •ueh oat or POTBE:.LIID PIG to run at lar9e. Whenever any oat OR ll0TBJ:LLI£D PIG shall ba found runnin9 at lar9e in tbe ctty, i~ ehall t>e pre•waed until the contrary appear• • • * * • ..... I· • 0 .,. \ I r,") "' 1 32 x l • • • 0 • AUC-7-9~ SUH l~:42 P.92 I AUG-25-5 FI 13:26 CITY OF NORTMGLENN FAX NO, 303 450 8708 P. 02 ..... , • 9that sueh cat or POTll!LLIED PJ:G i• permitted by the owner of such cat. or POT111'!LI.IED PIG to run at large. • * • • • (f) It shall be unlawful tor any person to own, keep, have in his poss .. sion or harbor any c«t, POTBELLIED PIQ or do11eeticat.ed anb1al which without provocation, ehall cause annoyance or disturbance to any penaon by hal:>itual howlift9. barkinv. aeowinc,, equawkinc,, 6QO'tALtNG or othervi•• 41aturltinc, th• paac:e. 'l'hi• sect.ion llhall not apply to an aniaal control otticar in the partormance ot his duties. nor to boapi ula conducted for tre.~n~ of SMll ani .. 18 and cats. (9) 'l'he ovner ot any cat, l'O'l'BILLIED PIC, doaaatic animal or ~•ptil• kept in tll• City sllall causa excretion . to b. re110ved Cr011 any pen, cage or yard in which auah cat, POTBELLIED PIG, do•••tic aniaal er reptila is kept to prevent contami"ation, diseases, luasard• and odor•. The aecu•ulation of axcratian upon any pr .. 1••• in violation of the provision• of this section &hall be ~nlavful and ahall be daamad & public nuiaanca. Sac;tion ,. Chapter i, of the North9lann Municipal Code is her rhy am•nded by the addition ot a naW Article 7 to read &8 tol ows: ARTJ:CLE 7. POTBELLIED PIOS. HCTION 14-7-1. PP'J'IILJcJIQ PIii§ SillfPALLX• :IT &HALL al UNLAWFUL FOR ANY PDSOII TO POSSESI, IIAJlBOR, I KEEP, MAINTAIN, OR PEIUllT A'l' BIS DIIBLI.DIG WrrHIN 'l'HE CITY ANY POTIIELLIBD PIC: OR AJfY PIG PVJUIORTBD TO BS A POTIIELLIEt> PIC., UIILBSS TIii: ONIIJ:II CONPLlSS WITH '1'BE Jt!OOIRIONTS OP THIS ORDIJWICS. IT SHALL as UNLAWFOL POJt ANY OWNER TO PAIL TO c:okl'LY 1fift 'l'IIZH JlBQUllBKZMTS. SIIC."'l'ION 14-7-2. BS9PI8IPDPT3• ALL •IDUIOMS POSS!".SSING, Jtl:UIIIG, JIAill'l'AINIIIO, Oil IIAlUIORIJfCI ANY POTBELLIED PIG WITHIN 'l'HE CITY OP JIOR"1'RGLDN SIIALL COIIPLY WITH~ OF THE FOw.OWING RIQOUDdllTI: (a) TH! PI~ NUST BE ~ISTZlme WITII A BONA FIDE POTBELLIED PIG RBGIITRY. (b) THE PIC SHALL BE SPAYBD OR NEU'l'£RED. (c) A POTIIELLISD PIG allAl.L NOT BXCEED NINETY-FIVE (515) POUNDS IN WEIGHT. IF A POTBBLLIBD PIG ucams NINHY-P'IVI (95) POUNDS Ill WZIGHT, Tit& ANIDI. OWNSR SHALL 8!: GIVEN SIX <•J MONTHS TO aaouc:s Tll2 WEIGHT TO 'l'NZ .. .... 2 ..... I . , .. ,~ a I I •. • • 0 - • • • • <. r ~UC-7-i 5 SUH ,. • e:s lS:43 FAX t«>. 303 450 8708 P.03 AUG-25-5 I 13:27 C !TY OF tOm!GLENN uamendecl J/11/9) (f) de? • -· - ALLOWABLE I.INIT, IF '1'IQ l'O'l'BZLLZED PI:G DOES NOT .R.!ACK THE ALLOWABLE QIOB'l' LIMIT A1'l'BR 8IX NOIITBS , Tim POTBELLIED PIG SHALL BE RIMOVZD 1'ltOM 'l'HI CI'l'Y. (d) NO MOH THAM ONB (1) PODZLLUD PIG SHALL BB PUNITTED ON AJIY RalDENTIAL PROPP'.l'T. (e) A POTBELLIED JIG D:l>'l' ON RESIDENTIAL PROPER'l'Y SHALL BE J;UT AS A PBT FOR PIRIOIIAL DJOYJIPT, AND Mar KEPT TO llAISE FCR BUBDIKC, Ill.US, OR BtJIIA1f COIIIONPTIOJf. (-ft-•,M,l,-IIOIR&l.'5&---P.H&-·~-.aa-~---POR· NIIU80Mali•-MD-INIUCHIW.8H9-PRl41'-Jl'O-HIR& a8V-.;WC> flfll-OIR?·~'IJ.IIUl.-4*• •w..-, ,&e.-..U.-~-.-.t~- MOOl'--"·-aucH--...... •Wlla-·N11U'01818D ... v--•..vw•"'•z••- PROPBALV--t.l4BNND--M...am-.ftlAN-4P--~ .. ----- SeQtiOn remedies. 14-7-3. Violation•--penal~y--ather (a) Yiolatio"• of th• proviaiona ot aaotion 14-7- 1 ot this ordinance llhall be punishable by tin• ot not 110ra than three bundred dollars ($)00.00). (b) Each day upon which a violation or tbe na ot •action 14•1•1 of tbie ordinance oooura n.ti tute a -P•r•t• off en... d',. OJU>IUD POS'RD thi• ~ day of 1-,;~~iai::li:lll~lllo=!IS.-.~..::::::=:::::..__, lltS. b •. byor ,e(~~-o.C~ Mayor -- ..... I· • 0 • ,,,_ . . ,.. • ' • ' (. - AUG-7-S SUH lS:43 ~-·· ....... CITY <F tQTHGl.£fff FAX I«>. 303 450 8708 P,04 - .. I . . ' 0 • '32xl - • • • • (. - 11 b ii ORDINANCE NO. §j_ SERIES OF 1995 BY AUTHORITY COUNCIL BILL NO . 57 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING THE SALE OF THE CITY OF ENGLEWOOD FEDERAL FIRE STATION WCATED AT 4065 SOUTH FEDERAL BOULEVARD . WHEREAS, on February 18, 1992 the Englewood City Council authorized a lease with option to purchase of the Federal Fire Station located at 4065 South Federal Boulevard with Glasbond, Inc .; and WHEREAS, Glasbond, Inc . wishes to exercise the option to purchase; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes the sale of the Federal Fire Station located at 4065 South Federal Boulevard to Glasbond, Inc . for the purchase price of $164,800. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Deed for and on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 21st day of August, 1995 . Published as a Bill for an Ordinance on the 24th day of August, 1995. Read by title and passed on final reading on the 5th day of September, 1995 . Published by title as Ordinance No . ~ Series of 1995, on the 7th day of September, 1995. ATTEST : Thomas J . Bums, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Enclewood, Colorado, hereby certify that the above and foregoinr is a true copy of the Ordinance paued on final reading and published by title as Ordinance No. _, Series of 1995. Loucrishia A. Ellis • I • ..... . ' .. I· • 0 1 a2xl ]- • • • 0 l• • CINDERELLA CllY STATUS REPORT OUTSTANDING ISSUES FOR AUGUST 31. 1995 Mlller-Kltchell Activity: Development Agreement Completion. Draft development agreement is completed except implementation exhibit. Completion dependent upon below activities . Activity: Initiate planning and zoning process including Citizen's Advisory Committee. Same as above . • Equitable • Activity : Environmental Due Diligence . Equitable has ordered engineers to conduct follow-up environmental survey work around the former Penney's TBA and Wards store. Activity: Environmental Clean-up Negotiations . Preliminary negotiations underway between Equitable and Miller-Kitchell . Activity: Lease surrenders. Lens Crafters, Village Inn and two office leases remain. Activity: Purchase/Sale Agreement Completion . Proposed Purchase/Sale Agreement between City and Equitable is being reviewed by Equitable's Denver attorney . Mercantlle Activity: Mercantile Property Gift to City . Mayor Bums and City Manager Clark met with Mercantile's Vice President of Real Estate on August 22, 1995. Mercantile has accounting write-off and competitive issues to reconcile. They feel the property has a higher market value than write-off value. City and Equitable feels the property has a negative net value. Miller-Kitchell is providing pro forma information to Mercantile regarding the development. Activity: Environmental Due Diligence. Environmental survey licensing agreement near completion. Activity: Environmental Clean-up Costs Has not been negotiated . Actiyity : Purchase/Sale Agreement Completion. Have not started . .. -• ...... IJ - • . ... I· • 0 I ! ,~, ]- • • • . . • Montgomery Ward Actiyity: Environmental Due Diligence Completion. Environmental survey has been ordered by Equitable. Actiyjty: Wards Lease Swrender. ,. ~ ; Wards notified the City on August 23rd they will have to take a significant write off on book value to close the store. Discussions are underway as to gifting the store lease and fixtures to the city (minus inventory to be liquidated). Wards' accountants are evaluating this option . A secondary concern is Wards will have to dose their automotive store on the south side of Hampden if the main store closes . I'~ . '' . • . 0 I . . 0 ,?.? ]- - • • • • 0 • .... CINDERELLA CITY STATUS REPORT OUTSTANDING ISSUES FOR AUGUST 31, 1995 • Miller-Kitchell • • Activity : Development Agreement Completion. Draft development agreement is completed except implementation exhibit. Completion dependent upon below activities. Activity: Initiate planning and zoning process including Citizen's Advisory Committee. Same as above . Equitable Activity : Environmental Due Diligence. Equitable has ordered engineers to conduct follow-up environmental survey work around the former Penney's TBA and Wards store. Activity: Environmental Clean-up Negotiations. Preliminary negotiations underway between Equitable and Miller-Kitchell . Activity : Lease surrenders. Lens Crafter.;, Village Inn and two office leases remain. Activity : Purchase/Sale Agreement Completion. Proposed Purchase/Sale Agreement between City and Equitable is being reviewed by Equitable's Denver attorney. Mercantile Activity: Mercantile Property Gift to City. Mayor Bums and City Manager Clark met with Mercantile's Vice President of Real Estate on August 22, 1995. Mercantile has accounting write-off and competitive issues to reconcile . They feel the property has a higher market value than write-off value . City and Equitable feels the property has a negative net value . Miller-Kitchell is providing pro forma information to Mercantile regarding the development. Activity : Environmental Due Diligence . Environmental survey licensing agreement near completion. Activity : Environmental Clean-up Costs Has not been negotiated . Activity : Purchase/Sale Agreement Completion. Have not started . - -~~-----... -·· \ , .. -l~r I· • 0 - • • • • • • .. • Montgomery Ward Actiyity: Environmental Due Diligence Completion. Environmental survey has been ordered by Equitable. Activity: Wards Lease Surrender. Wards notified the City on August 23rd they will haw to take a significant write off on book value to dose the store. Discussions are underway as to gifting the store lease and fixtures to the city (minus inwntory to be liquidalad). Wards' accountants are evaluating this option. A secondary concern is Wards wiD haw to dose their automotive store on the south side of Hampden if the main store doses . . ' , . I . • 0 - • • • RESOLUTION NO. !ti) SERIES OF 1995 • • • • A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF AN EASEMENT ON CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE IMPROVED RECREATIONAL FACILITIES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, to protect the health, safety and welfare of the citizens of the City of Englewood, it is necessary to provide improved recreational facilities; and WHEREAS, the City of Englewood, Colorado has, in the exercise of its public powers, determined that it is necessary to acquire property for the purposes of improving the recreational facilities in the City of Englewood. WHEREAS, this property, because of its location, is the best suited for the City's purposes, is within its municipal boundaries and will require the acquisition by the City of Englewood from the owner or owners, or other persons having a record interest therein and has allocated funds therefore; and WHEREAS, negotiations for the purchase of the necessary property have been un succeBSfu I; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5es;t,jpp 1. The City of Englewood staff is hereby authorized and directed to negotiate for the purchase of the following described parcel, and, should the City ataft' be unable to qree with the owner of the parcel as to the fair market value, the City Attorney is authorized to commence action in eminent domain to condemn the following parcel of real property as authorized by law : The taking of the following property: A part ofa parcel described in Book 574 at Page 170, of the Arapahoe County Records, and part of Lots 1-4, Block 1, MAVDON SUBDMSION, being situated in the S lfl SE 1/4 of Sect.ion 9, Township 5 South, Ranae 68 Wat of the 6th P.M., County of Arapahoe, State of Colorado, lying within the following described boundary: Beeinning at the Southwest comer of the SE 1/4, Section 9, Township 5 South, Ranp 68 Weat of the 6th P .M., County of Arapahoe, State of Colorado; thence S 89° 57' 00" E , based on the bearings shown on the Colorado State Highway Department Right-of-way map1, along the South line of said SE 1/4, a di1tance of Ul35 .00 feet; thence N 00° 03' 00" E, at right angles to the Jut detcribecl course, a di1tance of 30.00 feet to the South welt comer of Lot 1, Block 1 of MAVOON SUBDIVISION, which point i1 the TRUE POINT OF Br.GINNING; thence S 89° 5T 00" E , along the South Jinn of Lota 1-3 of said MAVOON SUBDIVISION, a distance of250.00 feet to a point 50.00 feet Wat of the Southea t comer of said Lot 3, Block l, MAVOON SUBDIVISION; thence N 00° 03' 00" E, parallel with the Eut line of Lot 4 of said Block 1, MAVDON • I. • 0 '32 x l -• • I• . • ' SUBDIVISION; a distance of 128 .00 feet to the Northeast comer of said Lot 4, Block l, MAVDON SUBDIVISION; thence N57 ° 07' 00" W, along the North lines of said Lots 4-1, Block 1, MAVDON SUBDIVISION, a distance of 449.14 feet to the Northwest comer of said Lot 1, Block 1, MA VDON SUBDMSION; thence S 00° 03' 00" W, along the west line of said Lot 1, a distance of 93. 79 feet; thence N 89° 57' 00" W, a distance of0.60 feet to the Northeast comer of that parcel of land described in Book 574 at Page 170 of the Arapahoe County Records; thence N 43° 57 ' 00" W, along the Northerly line of said parcel, a distance of 287 .91 feet ; thence departing from the Northerly line of said parcel on a bearing of S 00° 03' 00" W, a distance of 577 .11 feet to a point which is 30.00 feet North of (by perpendicular measurement) the South line of said SE 1/4; thence S 89° 57' 00" E, parallel with the South line of said SE 1/4, a distance of 200.00 feet to the TRUE POINT OF BEGINNING, containing 195,813 square feet (4 .495 acres), more of less. is necessary in that a public need exists for improved recreational facilities. Sed,ion 2. The Director of Financial Services is hereby authorized and directed to appropriate, set aside and hold for all necessary judgments and awards, sufficient sums to be paid as just compensation to the owners of the property to be taken and such appropriation shall not be less than the highest appraisal value for the parcel in question . ADOPTED AND APPROVED this 5th day of September, 1995. Thomas J. Bum&, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above i& a true copy of Resolution No ._, Series of 1995. Loucri&hia A. Ellis .... ,,,_ . ' • . .. 0 I • • 0 • \ I r, '32xl - - ' • • • • • c. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 5, 1995 7:30 P.M. 1 . Call to order. 2. Invocation . 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes. 11. Minutes from the Regular City Council Meeting of August 21, 1995. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.I 11. Englewood citizen Ken Haraldsen will be present to discuss the pot-bellied pig ordinance. 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.I 8. Communications, Proclamations, and Appointments. 11. A Proclamation declaring the week of September 17 through September 23, 1995 as Constitution WNlc • 9 . Public Hearing. (None Scheduled! 10. Consent Agenda . a. Approve on First Reeding. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, professional engineering services for the Plant's Phase lb Expansion. STAFF SOURCE: Stewart Fonda, Director of Utlltles. Plwe note1 If you haw II lilllllllly wl...,-., al* or---. ,a-_, .. Clly GI 1:.-.... (762-D79) Ill INlt 41 houri In advance GI.._...._ ......... ....._. ,-. ..... .. I . • 0 'a2xl - - • City Council Agenda September 5, 1995 • • • Page2 I ii. Recommendation from the Department of Financial Services to adopt a resolution approving the amended Investment Policy for the City of Englewood. STAFF SOURCE: Frank Gryglewlcz, Dnc:tor of Financial Services. iii. Motion to approve City Manager's Employment Agreement. b. Approve on Second Reading. i . Council Bill No. 48, amending sections of the Englewood Municipal Code relating to the investment of municipal funds. ii. Council Bill No. 49, authorizing execution of an Intergovernmental Agreement for extension of 1994 Community Development Block Grant. iii . Council Bill No. 52, approving an air rights lease between the City and Craig Hospital to permit Craig Hospital to construct a pedestrian bridge over South Clarkson Street. iv. Council Bill No. 54, approving a three percent increase in benefits to the Non-Emergency Employee Pension Fund as of January 1 , 1996 for retirees and beneficiaries whose payments commence prior to July 1 , 1995. v. Council Bill No. 55, approving an intergovernmental agreement between the City of Englewood and the City and County of Denver regarding the City Oitch/Highline Canal. vi. Council Bill No. 56, approving the settlement agreement by and between the City and County of Denver, the City of Englewood, and Cyprus Climax Metals Company. 1 1 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. Recommendation from the Department of Safety Services to approve, by motion, authorization for the City Manager to approve contracts with Managed Health Care Companies for providing emergency transportation services to their clients. STAFF SOURCE: .Nm Ulrlch. 1118 Coordinator. b . Approve on Second Reading. i. ii. Council Bill No. 50, allowing for and regulating miniature Vietnamese pot belliad pigs by iaauance of a permit. Council Bill No. 57, authorizing the aale of the Federal Fire Station property locatad at 4065 South Federal Boulevard. ,.._ no1r. If you haw a 4lllllllly wt wd....., .... ---. ,ewe Mllfy .. Clly of &Ille 11• OU,.U71t al .... '8hounlnadvMCeof ......................... .... ..... .. .. I· 0 '32xl -• • C. . • ' <. City Council Agenda Septamber 5. 1995 " Page3 12. General Discussion. a . Mayor's Choice. b. Council Members' Choice. 13. City Manager's Repon. a . Redevelopment Repon on Cinderella City. 14. City Attorney's Report. a. Condemnation of Parks and Recreation Property. Adjournment. The following minutes were transmitted to Council from 08/18/95-08/31 /95: • Englewood Public Library Board meeting of July 11, 1995. • Englewood Planning and Zoning Commission meeting of July 18, 1995. • Englewood Liquor Licensing Authority meeting of August 2, 1995. • Englewood Parks and Recreation Commission meeting of August 10, 1995. • Englewood Board of Adjustment and Appeals meeting of July 12, 1995. ~- ,. Plwe llGte: If ya, haw • ......, ....... ....., .......... ..., .. Clly ... -.... OINl79 .. ....... hounlnadvallCeof ...................... ,... . . , r , .l r 1:.1 • . I· • 0 f ::12 XI ]- - • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS SEPTEMBER 5, 1995 NON-SCHEDULED VISITORS MA \1SPEAK POil A MAXIMIJII OI' 11V1: IIIM)fU. EACH SUCH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT ...... ' ' .... I . . 0 • • " . . ' 0 ; • • .. s1/YJ cps~ -t ~ 0 /)/U,r,~ ~ /rJ;m fUJv><o 0 al,,µ,J,: . - ' . . I . . 0 ' • • • • 0 t • • .. r!4r1t_-o~J w~J~ _md:.Ji -rt:!tfx"1'5n -~~1 -- ---j)-56 {!,ff}~-& . ~ __:_ ~_ =- --1*-s~ -(J;;;-~ ~ -----~------- ----- -----------~~ -I ------- . - ----- ' ' .• ·' I ! i ' · I 1· ~.-.,., -,• \ . . . . I· • 0 - ' • • • (, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 5, 1995 7:30 P.M. 1. Call to order. fJ :3Lj. ~ Invocation. /)) 11 ~ Pledge of Allegiance . fl~ 2. 3 . 4. Roll Call. 5. Minutes. a . Minutes from the Regular City Council Meeting of August 21, 1 995. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.I 7. 8. 9. a. Englewood citizen Ken Haraldsen will be present to discuss the Pot-bellied pig ordinance. '3ol& $', i)_)a..},~ 1;,,, N~~edl~~ limit your presentation to five minutes.I Communications, Proclamations, and Appointments. a . A Proclamation declaring the week of September 17 through September 23, 1995 as Cona1itution WNk. Public Hearing. (None Scheduledl 10. Consent Agenda . Approve on First Reading. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, professional engineering servicn for the Plant's Phase lb Expansion. STAFF SOURCE: ltewat Fonda. Director of Udlliea. Plwe llOlr. If you hhe • tlNllllly wl ...i ...a.y ... •---.,._..-Ny .. Qr el L• a_. C762-D79) .. ................................... ....... .... ' " I . • 0 f ~~xi ]- • City Council Agenda September 5, 1995 Pege2 ii. • • t• • <. Recommendation from the Department of Financial Services to adopt a resolution approving the amended Investment Policy for the City of Englewood. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iii. Motion to approve City Manager's Employment Agreement. b. Approve on Second Reading. oJ f¥ i. e,J f J{, ii. OJ.f ~1 iii. o.J .149 iv . Council Bill No. 48, amending sections of the Englewood Municipal Code relating to the investment of municipal funds. Council Bill No. 49, authorizing execution of an Intergovernmental Agreement for extension of 1994 Community Development Block Grant. Council Bill No. 52, approving an air rights lease between the City and Craig Hospital to permit Craig Hospital to construct a pedestrian bridge over South Clarkson Street. Council Bill No. 54, approving a three percent increase in benefits to the Non-Emergency Employee Pension Fund as of January 1 , 1996 for retirees and beneficiaries whose payments commence prior to July 1 , 1995. Council Bill No. 55, approving an intergovernmental agreement between the City of Englewood and the City and County of Denver regarding the City Ditch/Highline Canal. Council Bill No. 56, approving the settlement agreement by and between the City and County of Denver, the City of Englewood, and Cyprus Climax Metals Company . 1 1 . Ordinances, Resolutions, and Motions. a. Approve on First Reading . i. Recommendation from the Department of Sefety Services to approve, by motion, authorization for the City Ma~tracts with Managed Health Care Companies for prov· · y transportation services to their clients. STAFF SOU Jim Coordinator. Approve on Second Reading . Council Bill No. 50, allowing for and r9!~l~ti~~iniature Vietnamese pot bellied pigs by i11uance of a permit. ~ Council Bill No. 57, authorizing the sale of the Federal Fire Station property located at 4085 South Federal Boulevard. ...... ... ... I. • 0 I - City Council Agenda Saptuna,., 5. 1995 l"ege 3 12. General Discussion . Mayor's Choice. . ' ... /J1f . [p,b a . b . Council Members' Choice. 13. City Manager's Report . • • • a . Redevelopment Report on Cinderella City . 14. City Attorney's Report. ~.Jlt,·¥-(p D a . Condemnation of Parks and Recreation Property. y nOr1 (p,-0 7\Jl)ll""" Adjournment. R~ ~'./Jo The following minutes were transmitted to Council from 08/18/95-08/31/95: • Englewood Public Library Board meeting of July 11, 1995. • Englewood Planning and Zoning Commiaaion meeting of July 18, 1995. • Englewood Liquor Licensing Authority meeting of August 2, 1995. • Englewood Parks and Recreation Commission meeting of August 10, 1995. • Englewood Board of Adjustment end Appeals meeting of July 12, 1995. ,, - PlwellOlr. lfyoullawea6111111lywl...a....., .............. ..., .. aa,.,, J .. ,~217911 ......................................... 11111111,-. . ' • . .. I. • 0 '32x l ]- ] City Council Agenda !Se"lffllber 6, 1995 l"ege 3 12. General Discussion. Mayor's Choice. . ' Council Members' Choice. 13. City Manager's Report . • • • a. Redevelopment Report on Cinderella City. 14. City Attorney's Report. •~ ~.Jll:,·¥-(pD a. Condemnation of Parks and Recreation Property. -1<> ~.. f!.d;, 'il '. /J. r The following minutes were tren1mitted to Council from 08/18/95-08/31/95: • Englewood Public library Board meeting of July 11, 1995. • Englewood Planning and Zoning Commi11ion meeting of July 18, 1995. • Englewood Liquor Licen1ing Authority meeting of Augu1t 2, 1995. • Englewood Parka and Recreation Commi11ion meeting of August 10, 1995. • Englewood Board of Adjustment end Appeal• meeting of July 12, 1995. ,, - Plwe MIii If,_."-• ....aty ..... ...., .............. ..., .. Qr .. 5 -... OU.U,WII ................................... 11111111,-. . , • " .. I· • 0 ~I I - • • • • <. • SEPTEMBER 18, REGULAR CITY COUNCIL MTG " - ' . ,. • ~/