HomeMy WebLinkAbout1989-05-01 (Regular) Meeting Agenda•
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May 1, 1989
REGULAR CITY COUNCIL MEETING
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1. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
Nay 1, 1189
The regular .. eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:35 p.•.
2. Invocation
The invocation was given by Council Me.ber Koltay.
3. Pledge of Allqiance
The Pledge of Allegiance was led by Mayor Van Dyke .
4 . loll Call
Present : Council Me.bers Hathaway, Koltay, Kozacek, Byrne , Habenicht, Clayton, Van Dyke
Absent : None
A quoru. wa s present .
Also present :
5 . IIUnutes
(a)
~[
7.
City Manager Fraser
Assistant City Attorney Gri ..
Cfty Clerk Crow
Director F~n. Financial Services
kOLTAY ~. TO
OF ANfl. 17, ltlt.
ra olt y, Hath wa~. Ol , Byr , , Clay on, Vtn Oy
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Englewood City Council Minutes
May 1, 1989 -Page 2
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(a) William Haidon , 4685 South Logan , expressed dissatisfaction tha t no
resolution had been made concerning his former complaint to Council about the
denial of his roofing contractor 's license. He also brought to Council 's at -
tention his objections to specific wording contained in the Ci ty 's Notice to
Mr . Lynnwood Sperling regarding property located at 4720 South Pearl . He felt
the wording was inappropriate to the situation and was haras sment on the part
of the Ci ty . Both matter s were fully discussed ; it was suggested that Mr .
Haidon provide Council with a written 1 ist of his spec i f i c needs concern i ng
his appeal of the denial of the roofing contractor 's license. Th e Ci ty Man -
ager wi 11 review and atte~~pt to resolve the 11atter . Regarding the Spe r ling
matter , Mr . Haidon wa s advi sed that Counc i l is con cerned about the si tua ti on
but that it would be i nappropr i ate to discu s s th e matter with anyone other
than Mr . Sp e rl i ng and /or his l eg al repre sentat i ve .
8 . C~tcattons and Proclaattons
(a) CCIUIICIL NERIO NAnwtAY ROVED, CCIUIICIL NERIEI ltOZACDt SECOIIDED, TO
ACCEPT TH£ LmO FIOit UY IICUIJalllll IEUIDI. NO D£CISIOII ROT TO SEDt IEAP -
POIIIITlOT TO Tit( EMLOOOD LIQUOR LICDISI. AUTMOIITY .
Ayes: Council Melbers Kol t ay, Hatha way, Kozacek, Byrne,
Habenicht, Clayton , Van Dyke Nays : Non
Abstain: None
Absent: None
Motion carried.
(b) CCIUIICIL NEMO ltOU AY fiOYED, CCIUIICIL NERIO NAIOUCHT SECOIID£D, TO
D£CLAI[ MY 4, ltlt, AS •a CITY DAY Of PUYO . •
Ayes : Council "--bars ltoltay, Hathaway, kozacek, Habenicht,
Clayton, Van Dyke Nays :
Abstain :
Absent :
NoM
Counc: t r lyf'ftt
Mot on carried. Counc: 1 r Iyme abstained as s
place to d ctat rei g ous acttons to othtrs .
9 . Cons t
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~~~
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TA
did not fttl it was h r
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Englewood City Council Minutes
May 1. 1989 -Page 3
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Ayes: Council Members Koltay, Hathaway, Kozacek , Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion carried.
COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE
CONSENT AGENDA ITEM 9 (f) AS FOLLOW:
(f) ORDINANCE NO. 18, SERIES OF 1989, INTROOUCED BY COUNCIL MEMBER
KOZACEK, ENTITLED:
AN ORDINANCE AMENDING TITLE 5, CHAPTER 7, SECTIONS 5 AND 10, ENGLEWOOD
MUNICIPAL CODE 1985, REGARDING LICENSING OF ELECTRICAL CONTRACTORS.
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion carried.
10. Public Hearint
No public hearing w1s scheduled .
11 . Ord t nances, bso 1 utI OM and MotIons
(a) Director fre n presented 1 rec:o.andatton fro~~ the Financhl Ser ·
vices Otpart .. nt to adopt e solution authorl1i09 the City to participate in
the Colorado Local Gove,.,_,.t Liquid Asset Trust (COLOTRUSl) Agr nt . Ms .
Fr n uplatfted that COLOTRUST ts 1 group of locel vove,.,.nt entttles
forwd for the purpose of provtdtnt a bigger POOl of IIOMy to tncreue tnv st ·
.. nt yields . She furt r tnforwd Counc i l that COlOTRUSl was forwd In 1985 ,
end t r are currently UO local vove,.,_,.ts pert c pat ttg In th fund . Sh
explat lch Ctty fUftld ld be lnv sted and tho i nv s nts uld
be furt r la there ld no a tual cons to th Ci ty ;
th fs ld prov de us wi t s rt te,. In st n opport nl t f c ul d put
s t on to t nt r d , • f t o n ou
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Englewood City Council Minutes
May 1, 1989 -Page 4
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Ayes:
Nays:
Council Members Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
None
Abstain: None
Absent: None
Motion carried.
(b) A recom.endation fro. the Parks and Recreation Commission was considered.
The Resolution was assigned a nUIOer and read by title:
RESOLUTION NO. 26, SERIES OF 1989
A RESOLUTION REAPPOINTING EVELYN BOOM TO A THREE-YEAR TERM AS TRUSTEE OF THE
MALLEY CENTER TRUST FUND .
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain : None
Absent: None
Molton carried.
lZ . Ctty Nanlter's leport
Mr . Fraser did not have any .. tters to bring before Council .
13 . Ctty Attorney's ltport
Mr . Grt .. dtd not have any .. tters to bring before Council .
14 . leneral DhcuastOft
(a) Nlyor 's Cho et
Sid { 1) A R solut on conc erning t 1998 W nt r 01J11PIC &
T solu t ion a as signed • n r and re d by ti 1 :
110 r r
was con ·
Ol JC
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Englewood City Council Minutes
May 1, 1989 -Page 5
RESOLUTION NO. 28, SERIES OF 1989
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A RESOLUTION NAMING A PORTION OF THE LITTLE DRY CREEK TRAIL FROM SOUTH CLARK -
SON TO SOUTH BROADWAY "SAMUEL L. LOVE GREENWAY ."
MAYOR VAN DYKE MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE RESOLUTION NO. 28, SERIES OF 1989.
Council Me~ber Cliyton requested the pr i vilege of co -spon sori ng Re solut i on No .
28 , ind thit priv i lege Wi S gr1nted. Mr . Cl1yton expressed hi s high regird for Si~ Love . Mayor Van Dyke expre ssed thanks to the Englewood lion s Club for
Introducing thi s i dea to Coun c il . Vote results :
Aye s: Cou nci l Ne.be r s Koltay , Hathaw1 y, Ko z1ce k, Byrne,
Nays: Habe nic ht , Cl ayt on , Van Dy ke
None
Ab s ta i n: None
None Ab sent:
Motio n carried.
(b) Council Ne.ber 's Choice
( i ) Counc 11 "-ber Ko 1 hy spo ke br t efl y concerning Counc 11 81 11
No . 14 regardtng E.trgency Medical Transport Fees which was originally intro -
duced by hi• and approved on first reading on March 6 , 1989 . On M1rch 20 , 1989, the Btlli, for variou s reasons was tabled .
COUIICIL ..,_. lOUAY IIMD, COUIICIL ..,_. CLAYTM S(C~, TO UCOIISIDO
COUIICIL IILL .,, 14, SOlES Of lilt, IUMDI. DDIOICY MEDICAL TIMSPOIT FEES .
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Aye s: Coun ci l r s Kol t ay, Hatha way, Koza cek , Byrne ,
Ha nfc ht , C la~ton , Van Dyke Nay s:
Ab s ta i n:
Ab s nt :
t fon carri ed .
t l 1t (1 n 111 )4 :
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Englewood City Council Minutes
May 1, 1989 -Page &
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COUNCIL BILL NO. 14, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER KOLTAY, ENTITLED:
A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER IF, ENGLEWOOD MUNICIPAL CODE
1985, BY THE ADDITION OF A NEW SECTION 11 RELATING TO EMERGENCY MEDICAL TRANS -PORT FEES.
COUNciL MERIEl lOLTAY MOVED, COUNCIL MERIER HABENICHT SECONDED, TO APPROVE ON
SECOND READIII COUNCIL IILL NO. 14, SERIES OF It&t.
COUNCIL -.o HAIDIICHT lOVED, COUNCIL ~ CLAYTOif SECONDED, TO AMEJI)
COUNCIL IILL NO. 14, SERIES OF 1tlt, TO INCLUDE WITH RESIDENTS THOSE PEOPLE
CUIIDITLY EIIPLOYED IY THE Cln OF EIILEIIOOD, AIIDIUII SUIPARAIIWifs A. AND I. OF 1-IF-11 II SlCTIOif 1 TO I£AD AS FOlLOWS:
A. A FE:E SHALL IE CHAliED FOI DIOIEMCY MDUCAL TRANSPORT PROVIDED TO
lilY PERSoll 1110 IS NOT A R£SIDDfT 01 All OIPLOYEE OF THE Cin OF EM-
ILEIIOOD. THE FE£ ESTAILISHED SHALL 1£ THE USUAL AND CUSTOMARY CIIAIII£ FOI SUCH SERVICE II THIS COfiUIIn.
I. A PERSoll 1110 IS NOT A R£SIDOIT 01 All EMPLOY££ OF THE Cin Of DI&L£-
11000 1110 R£C£IV£S EIIOIOicY JUICAL TIAIISPOIT IY THE E11LE1100D FIR£
DEPAIT1IEJIT SHALL 1£ CMMED All EIIOIOicY JUICAL TRAIISNIT FE:E II All AIIIUT SlT FOI EAal SUCH SOY ICE.
Before voti~ Mayor Van Dyke and several Council Me.bers stated they would not
be support!~ the ._ndllent. After further discussion, vote results on the ._ndllent •re:
~es :
Nays :
Abstain :
Absent :
Motion defeated .
Council Me.ber Kabentcht
Council "'-btrs Koltay,
Clayton, Van Dyke
None
None
Hathaway, Kozacek, Byrne,
Vote results on the original 110tton by Council ....,_,. Koltay to approve on second rtadt~ Council 8111 • 14 :
~es : Counctl rs oltay, Hath ay. ouc , Byrn , Habtn ch , Clayton, Van Oy
Ontlnan 1g to Coun t1 ltll . 14 .
lu t ,. r
UTI • Zt, Ofl I
Englewood City Council Minutes
May 1, 1989 -Page 7
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A RESOLUTION OPPOSING SENATE BILL 194 RELATING TO BIDDING AND COST ACCOUNTING FOR HIGHWAY USERS TAX FUND (HUTF) FUNDED PROJECTS.
COUIICIL MEJIIEI CLAYTOII MOVED, COUNCIL MEJIIEI HAIEJUCHT SECONDED, TO APPROVE IESOLUT lOll _,. 2t, SEIJES OF 1 tat.
~es: Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None
Abstain: None
Absent: None
Notion carried. The need for a legislative liaison was addressed.
(tit) Council Me.ber Koltay read ca..ents fro. an article tn the Aprtl 30, ltlt, issue of the The Denver Post regarding the Englewood downtown
plaza area, which pointed out the advantages of restdtng tn the Ctty of Englewood.
15 . Adj~
COUIICJL .._. ULTAY 11D¥ED TO....... The ... ttng adjourned at 8 :50 p.•.
ttty tterk
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AGDDA FOR THE
REGULAR MEETING OF
THE DGLBWOOD CITY COUNCIL
KAY 1, 1989
7:30 P.M.
1. Call to order.
2. Invocation.
4 • Roll Call.
5. Minute•.
• .. • / """' I # (a) IU.mat .. of the revwar ... t of April 17, 1989.
6. Pre-acbeduled Vieltor.. CPl .... liait your pruentation to ten ainut...)
7. Mon-8cbeduled V1•itor.. (Pl .... liait your pre••ntatl on to five ainut ... )
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(a )
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Page 2
May 1, 1989
City Council Agenda
9. Consent Agenda.
Accept
(a) Minutes of the En~ •wood Downtown Developaent
Authority Meetings of March 8, 1989 and April 12, 1989.
(b) Minutes of the EnglewOOd Public Library
Advisory Board Meeting of April 11, 1989.
(c) Minutes of the Liquor Licensing Authority Meeting of April 5, 1989.
(d) Minutes of the Parka and Recreation Coaaission
Meetings of March 9, 1989 and April 13, 1989.
(e) Minutes of the Planning and Zoning Coaaiss i on Meeting of April 11, 1989.
Approve ~ ·t, t. (J
(f)
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#'lo
till ,,.._ an Ordinancel\aaending sections of the
EnglewOOd MUnicipal Code relating to licensing of electrical contractors.
10. Public Bearing
11. Ordinances, Resolutions and Notions.
l.#l ~ 1 L ~
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(a) Racoaae a 1o tro.. • Finance Departaent to adopt
a resolution autboriaing Colorado Local Govarnaent Liquid Asset Trust Aqre .. ent.
(b) Recoaendation tro.
Co.aiaaion to adop
lyn 8ooa ••
R port.
the Parka and R era tion
a r••olution r• ppoin in
ll•y c n •r Truat Fund
.<1ft. ,.
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Page 3
May 1, 1989
City Council Agenda
13.
14.
1!5.
City Attorney•• Report.
General Diacuaaion.
(a) Mayor'• Choice. ~
-'!A) (i) A reaolution Jliror ~~ver•a bid for
the lttl Winter Olywpic Gaaea.
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,0 (ii) A reaolution naail\9 a portion of Little . • · .• J.J-
"-Dry creek trail •saaueJ,_L 1 _ Love j ~-·
Greenway•. ,~ ~ tt
(b) Council ....,_r•a Cboice. . "
(t ) ~./I ;L/ ~u~
Wjourn.ent. fll ~ ~ ~..-tA
~~fv ~
1-0 " . --_._ ~ +-;-~(~
a..lo/'~ 7-0
llWJ'rlah
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Agend• Originiting
.lli! De utllent
SA FIN
7A ~
8A EllA
88 ~
9A EOOA
98 LIB
fiN
IIA
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CITY COliiCIL MOilA STATUS REPORT
FOit THE MY 1, I tit, CITY CCUCIL MET IIIIi
Desert t ton Action hken
COUNCIL "INUTES, APRIL 17, 1989 APPROVED 7 -0
0 -SCJtEDULED VISITOR .... HAIDON NONE RE lACl Of RESPONSE TO PREVIOUS
INQUIRY ABOUT FINAL RESULTS OF FINAL
INSP£CTION ON A CONTRACTOR'S J08;
OTHER CONCERNS ABOUT NOTICE GIVEN
fit. SPURLING, 47ZO SO . PEARL
RESIC.TION , fl:l.AUGHLJN, EllA ACCEPTED 7 ·0
CITY MY Of PRAYER PAOCL.AMTION APPROVED 6 ·0 ·1 MY 4 , 1989 BY E ABSTAIN 0
T AUTH ., )
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I CEPTED 7·0 lTV , ..
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0 7·0
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0
Follow -u
CITY CLERK TO DISTRIBUTE
CITY *NAGER TO FOLLOW UP ON
BOTH MTTERS & REPORT TO
COUNCIL
QE NTION D
S I 0 PAOCL.AM Tl FORWAA0£0
TO REQUESTOR
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Agenda Originating I tell Oej!art~~ent Oescrij!tion Action Taken Follow -u
118 LIB/RECR RESO 126 REAPPOINTING EVELYN BOON APPROVED 7-0 NONE MENTIONED TO 3 YR .TERM, MALLEY CENTER TRUST
FUll) -SPONSORED BY HATHAMAY
14AI CM RESO 127 1998 WINTER OLYMPIC APPROV ED 7-0 NONE MENTIONED liM£S -SPONSORED BY VAN DYKE
14AII CM RESO 128 RE SMUEL L. LOVE CiREEMY APPROV ED 7-0 MENTIC*£D CO -SPONSORED BY VAN DYKE All) CLAnut
14BI CM fiJTION TO RECOIISID£R C8114 MEJIUNG APPROVED 7-0 S£E BE LOW COD£ 1·6f RE : EJDS£1CY tOICAl
TRMSPORT HES
fiJTIONTOM£11) FAIL D 1·6
(tNENI CHT)
S(£ l
GAO 119 ON FJML READI APPIOVED 7-0 (C 14) INTAODUC ED I Y kOLTA Y,
I 1·6f' : Y GICAI. PORT f£ES
14 If 1 7 0
14 H I TJ
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CITY COIIICJL MEJilA STATUS ltEJIOIIT
FOil THE MY 1, I tat, CITY COIIICIL MEETING
Agendi Orfgfniting
Ite. De irt~nt Descri tfon Act ion liken
SA
7A
UA
FIN
El
(QOA
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COUNCIL MINUTES, APRil 17, 1989 APPROVED 7-0
0 -SCHEDULED VISITOR IIUtAIDOM DE
RE LACK Of RESPWISE TO PREVIOUS
INQUIRY ABOUT FINAL RESULTS OF FINAL
IISP£CTJON ON A COffTRACTOR 'S JOI;
OTHER CCIIC£ AIDUT NOTICE 'IVEN
• SPURLJ , 4720 SO . PEARL
RESIIiiiATJON 'l:LAUGHUN , ELLA
CIT MY Of PRAYER PROCLAMTJON
MY 4 , ltl9
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ACCEPTED 7-0
APPIOV£0 6 -0 -1
IY ABSTAIM£0
)
)
)
) CEPT£0 7-0
J
!
7 0
7 0
Follow -u
CITY ClERK TO DISTRIBUTE
CITY MANAGER TO FOLLOW UP ON
BOTH MTIERS & REPORT TO
COUNCIL
NTION£0
SJ D PROCLAMTJON FORWARDED
TO lt£QU£STOR
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Agenda Originat i ng
It eta De2art11ent Descri2tion Act ion Taken Follow -u2
118 LIB/RECR RESO 126 REAPPOINTING EVELYN BOOM APPROVED 7-0 NONE N£NTIONED TO 3 YR .TERM, MALLEY CENTER TRUST
FUJI) -SPONSORED BY HATIWIAY
14Al CM RESO 127 1998 WINTER OLYMPIC APPROVED 7-0 NONE MENTION ED GAMES -SPONSORED BY VAN DYKE
l4Ail CM RESO 128 RE SNIJEL L. LOVE GREEMY APPROVED 7-0 NONE fOTION ED CO -SPONSORED BY VAN DYK£ All) CLAYTON
l4BI CM fmTIO. TO RECCICSIOER CBI14 MEII)JIIi APPIIOVEO 7 -0 SEE IHCII COO£ l -6F RE: EJI:RG£JICY MEDICAl
TRMSPORT FEES
fmTIO.TONOO FAILED l -6 SEE B£LCII
(HABENI CHT ) ., 19 C. FiliAL REAOJIIi APPIIOVED 7-0 TO BE PUBliSHED 5/4/89 ; (CBI14) ltn'ROOUCED BY KOU AY , EFFECTIV E 6/4/89 ; TO BE MOIOJ 1·6F RE : RGlJ y DICAl CODIFI ED lND QTR. 1919 TRANS PORT FEES
14Bll RE 29 OHOSJ
8Y CLAYT
S8 194 • s 0 AMIOV £D 7-0
14 111 Tl
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IEIIEIAL AIEIIIA ITDI W IOSTER
DATE: IIQ 1, 1-
NIY PUts. MY SP£M C.mll.--l1a. EAal SUCH PUts. aT Sl.
THIS .sT£1, STATI. liME, ..US,---ITDI ..... PL£AS( LIIIIT YCIUI
aiiiEIIJS TO FilE IIIIIIJES.
TlltSE PUts.~ -Vl81 TO SP£M II FA-If • II OPNSITI. TO A ..._IC
IIEMI., SIIMD 11• THE APPLICMU ..._IC IIEMI. IOSTO.
PLEASE PIIIT.
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PUBLIC COIIEJIT ROSTER
DATE: May 1, 1181
NfY PEl$01 MY SPEAK ON MTTElS ~ ,_ -ITal FOR A MXIIU OF FIVE
IUIITES. EACH SUCH PERSON SHOULD Sl. THIS PUBLIC CCIIIENT ROSTER, STATIM&
IWE, AIIOI£55, All) TOPIC OF COIII9IT.
THDSE P£llSCIIS 1110 lUSH TO SPOl II FAYOI OF • II OPPOSITION TO A PUBLIC
11011• SHOULD 51. THE APPLICAILE PUBLIC HUll• ROSTEI.
PUASE PIIIT.
TIPIC
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1. ca 11 to ONer
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FM1 EV0C1D CITY CCUICI L
EIREVOCID, AltAPMD£ COllfTY, COLOUDO
!l!gular Session
Aprtl 17. ltlt
The regular ... ting of the Englewood City Council was called to order by M1yor Van Dyke at 7:32 p.•.
2 . Invocation
The invocation wu given by Council .....,_r Koltay.
3. Pled,. of All .. tance
The Plecite of Allegiance WIS led by loy Scout Troop No . 92.
4 . ton can
Present: Council ....,_rs Koltay, Koucek, Byrne, HAbenicht , Clayton, Van Dyke
Absent :
A quoru. was present .
A 1 so present :
5 .
Council ....,_,. Hath !Y
Note : Council
7:35 , •••
Ctty ~.,.,. fra r
Ctty Attor.ey DIMttt
Ctty Clertt c,_
Of tor W l , C
o to,. w~ ...... "'
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1 entered the ... t ing 1t
t
IUIIID, TO
5 A-·
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Englewood City Council Minutes
April 17, 1989 -Page 2
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Council Ne.ber Hathaway entered the -.eting at 7:35 p.M.
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6. Pre-scheduled Vtsttors
(a) Perry Croak, loyalty Day Chainaan for the Colorado Veterans of For-
eign Wars, addressed Council concerning the upco.ing loyalty Day festivities.
lois Clayton, who Is assisting Mr. Croak, also was present. The Loyalty Day
parade Is scheduled for April Z9, 1989. Kayor Van Dyke accepted Mr. Croak's Invitation to be the Grand Karshall.
7 . lon· Schedul eel Vts t tors
(a) Ken Haraldsen, 3018 South Washington , spoke to Council about tra s
re.oval. He expressed concern about the nu.ber of senior citizens in Engle -
WOOd who exist on a fixed fnco.e and the additional burden undatory tra sh
re.oval ~ld be to those Individuals. He urged Council to look for way s t o
convert trash to energy, stating we should be developing long -range plans f or trash disposal .
(b) Stanley A. Wflliaas of Denver (Englewood business address : 34 70
South logan Street) lnfof'Md Council he was concerned about proposed act i on s
on Council 's ~nda, specifically 11(b), (c) and (d) wi th reference to Swed ts
Medical Center's Planned Dtvel~t. His concerns i ncluded traffi c conge s -
tion, nofse , pollution, etc ., whfch he dtd not feel had been adequately ad -
dressed . He Info~ Council that Mr . and Mr s . Dunn have agreed to all hi
to nt90tiate on their ~alf wtth s..dlsh Medfcal Center for the sale of thei r
property on Peftftsylvula Av..... He clartftecl that he was not ac t ng In a legal capacfty , that Jt• Kr r ts thetr letal counsel .
8 . c-.ntcettOM W Procl-ttOM
(a) CGIIICIL ._. UZACEX IIMD, CUICIL .,_. CLAYT• S£CCIIKD, TO D£ClM( MY l, ltlt, AS •LOYAL.n DAY. •
~es : Counc t l rs Koltay , Hathaway , Koza c , Byrn • Habtn cht , Clayton , Va Oy e
ton c rr
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. Englewood City Council Minutes
April 17, 1989 -Page 3
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(c) COUNCIL NOllER HATHAifAy NOVED, COUNCIL NOllER ICOZACEk SECOfiJm, TO DECLARE THE liED: OF APRIL 23, 1919, AS •f1ATICIIAL CCINStJIERs liED:. •
Ayes: Counctl Me.bers koltay, Hathaway, kozacek, Byrne, Habenicht, Clayton, Van Dyke None
None
None
Nays:
Abstain:
Absent: Motton carried.
(d) COUNCIL IUIER ICOl.TAY JIOYED, fiAYOI VAll DYIC£ SECOfi)ED, TO DECLARE
THE liED: OF flAY 7 TlltOU&H flAY 13, 1911, AS •IUICIPAL CLERIS' liED:. •
Ayes: Council Ne.bers koltay, Hathaway, kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None
Abstatn: None
Absent: None
Motion carried. City Clerk Crow thanked Council for their recognition of the
work contributed by Municipal Clerks throughout the world for the benefit of .unicipal govern.ent .
(e) COUNCIL .... CUYT. -.o, CCUICIL -.o lv.E SECOIIJED, TO
D£CLME TIE 1i1EEX OF APRIL 11 '"-81 U, lMt, AS •vowrrm liED:. • ~es : Council Ne.bers Koltay, Hathaway, kozacek, Byrne , Habenicht, Clayton, Van Dyke None
None
None
Nays :
Abstain :
Absent : Motion carried.
9 . Consent .....
(a)
(b)
{c)
(d)
(e) Zoning C..ission -.ting of Apr fl 4,
{f)
(g)
r lo1rd ting of Febru1ry 14 , 1989 .
act fng s ttons of the £ngl
t r l nd pro -
( ) of t
( ) reht ng
ht ·
JCHr S(C-ED, TO tn I
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Engl~ Ctty Counct 1 Ntnutes
Aprtl 17, 1181 -Page 4
~es:
Nays:
Abstain:
Council Ne.bers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None
None Absent:
Motion carried. None
CCUICIL .... IIAIEIJCHr IIMD, CCUICJL .,_. HATIWIAY SECC.O, TO APPROVE CC*SDfT MUIM ITDIS I (f) .,..._ (t) AS FOUOIIS:
(f) OADINMCE 110. 14, SERIES Of lt89, llfTRODUcED BY COUNCil MENBER IYRIE, ENTITlED:
M ORDifWICE MEIIOIJIC TITlE I, CHAPTER 7, SECTICII 2, EJICLEWOOO UICIPAL COO£
1915, IY AIJOJJIC 11EV SUBPARAGRAPHs RElAT!JIC TO JURISDICTJCII Nil POWER OF THE ENGlEWOOD UICIPAl COURT.
(g) OADINMCE 110. 15, SERIES Of It89, IlfTRODUcED BY COUNCil MEMBER HATIWIAY, ENTITlED:
M ORDIMII:E IEPEALIJIC Ml) REEIMCTIJIC TITLE 5, CHAPTER 11, RElATIJIC TO POliCE
AND FIRE AlAAN SYSTEN BUSINESSES, ADOJIG A lEV SECTICII II, TO TITlE 7, CHAPTER
68, RElATIJIC TO ACOICIES Of PUBLIC Wm, Ml) ROUII£RIIG SECTICIIS lJ AND 12,
Of TITLE 7, CHAPTER 61, EIGLEWOOO UICIPAl COD£ 1915 .
(h) OADIIWICE 110. 16, SERIES Of lt89, IJfTJIOOUCED IY COUNCIL fOBER KOL -TAY, oornm:
M ORDIIWICE MEJI)IJIC TITlE J, CMPTo 6, fliDaD UICIPAl CODE 1915, THE
CITY Of EIICl.£101) IIIIOOCOicY DIPl0Y£ES R£T I PlM Ml) TRUST.
( 1) OIIUIWICE 110. 17, S£1 J[S Of 1 .. , llfTIQJUcm IY C0U11C ll ER lOZACOC, EJfT I TlED :
M ORDifWICE MEIIOIIG TITLE 11, CHAPTER I, fliDaD ICIPAL CODE 1915, 8
ADOIJIC A N£V SECTICII 11 RElATI TO liAIILITY FOit P VIOLATI
~s : COUfiC11 rs loltay, Hat y , oz c • By
c t , ClaytOft, Ot
10 ~ltc rtftt
1 I. Or4t I .
Englewood Ctty Counctl Minutes
Aprtl 17, 1989 -Page 5
•
• •
(a) Director Wanush, Ca..unity DeveloP~ent, presented a recommendation
fro. the Building and Safety Division to adopt a bill for an ordinance amend-
ing sections of the Englewood Municipal Code relating to licensing of electri-
cal contractors. Mr. Wanush explained that State statute no longer allows
cities to charge a fee for the registration of electrical contractors. This
will -.an an approxi~te annual loss of $10,000. Mr. Wanush advised Council
that Council Bill No. 21 also adds the require..nt that Class E Contractor s be
required to pass an ex .. tnation. Council Me.ber Kozacek asked the City Clerk to read Council Bill No. 21, entitled:
A Bill FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 7, SECTIONS 5 AND 10, ENGLE -
WOOD MUNICIPAl COO£ 1985, REGARDING liCENSING OF ELECTRICAl CONTRACTORS .
CCIUIICIL .... UUCEl IIDVED, CCIUIICIL .._. CLAYT• SUCIMO, CCIUIICIL IILl II). 21, SOlES OF lilt.
Ayes:
Nays :
Abstain:
Absent:
Motion carried.
Counc i 1 Mellbers Ko 1 hy, Hathaway,
Habenicht, Clayton, Van Dyke None
None
None
Koucek, Byrne,
(b) A rec-ndatton fro~~ the Planning and Zoning Co.tssfon to adopt 1
resolution approving the Plallfted Oevelo.-nt for Slledfsh Jtedical Center wu
considered. After discussion ilnd upon advise of the City Attorney,
CCIUIICIL .... IIIIIIJIICHT IIDVED. CCIUIICIL .... UUCEl su.ot. TO TMt.E AC · n• • ... ITDI 11(~) • A IOOWTr• DITITUI: A I£S0l.Ufl. ADOPTI. TN£ n•r•. ,... ••• • aursr• ., Til( ern CCIUIICIL ., Til( ern OF DR£-
... CGI·-· ...... Til( Pl-.. Dnn.DfiiEJIT IT MDIIII fiEDIW. CDfT£1 M1 TIE 1UT Flft YUIS.
~s: Council rs Koltay, Hath ay, ozace , Byrn •
tt.beft t cht , ClaytCift, Van Dyke
None
None
None
ll(b) tabled .
Nays :
Abstatn :
Absent :
Motion carrted: It
TAY l(ct .. IlL
Englewood City Council Minutes
April 17, 1989 -Page 6
•
• -
Council Me.ber Kozacek stated he would be opposing passage of Council Bill No.
23 as he was not convinced there would not be a negative i~act upon the resi-
dents of the area. Council Mellber Hathaway concurred. Council Member
Habenicht shted she wu not convinced this wu the best way and would be
voting against the Bill. Council Mellber Chyton shted he did not know of
another way to get this issue before Council for debate until it was passed on
first reading. Mr. DeWitt confin.ed that past practice was for the Bill to be
PISSed on first reading. He shted that voting in favor of this particuhr
Bill does not bind the Council to vote for it on second reading. Further dis -cussion ensued.
MYOI YM DYI£ IIDYED, CGUICIL 11D110 CUm.~. F. CGUICIL TO AD.JCIUIN TO A SHDIT DECIIrlyt SUSI• TO DISCUSS A l£IAl. MTTO.
Ayes : Council ....,.,s Koltay, Hathaway , Koucek , Byrne,
Habenicht, Clayton, Van Dyke None
None
None
Nays :
Abstain :
Abs.nt :
Motion carried; Council ~ved into £xecuttve Session at 8 :10 p .• ..
AT 1:11 P.ll. MYOI YM DYI£ IIDYED, CGUICIL 110110 CLAYT. SECCII)[D, TO I£CON -
VDE II I£IULAI SUSI• WITH All~ PI£SDJ.
Ayes : Council ....,.rs Kolhy, Hathaway , koucek , Byrne,
H&benicht, Cl_,ton, Van Dyke Nays : None
Abstain : None
Absent: None
Mott011 carried . "-1or Van Dyke c-ted that the letal c011eerns had been
,...soh,ed . C«MMftetl ......, Kouc ......_oct he would sttll be opposing pusage
of tou.cn ltll llo . Zl . The,... was further dhcuuton ; Council Mlllber Koltay
c a lled for t •st on on t •tton to approve Cowc 1 I 11 No. 23 on ftrst ,...adfng :
Ayes :
ys :
Absta n:
Ab t :
t on c arrted .
Counctl
Counctl
C1
rs Koltay, Iyme , Clayton, Van Dyke
rs Hathaway, Koz , Habenicht
C t Cl c 1l I
Englewood City Council Minutes
April 17, 1989 -Page 7
•
• •
A BILL FOR AN ORDINANCE VACATING THE RIGHT-OF-WAY FOR THE SOUTH 366.10 FEET OF
THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN THE CITY OF ENGLEWOOD, COUNT Y OF ARAPAHOE, STATE OF COLORADO.
CCUICIL IDIEl CLAYTCII IIOVED, CCIUIICJL ._El lot.TAY SECCII)£0, CCIUIICIL BILL 110. 24, SEliE$ OF 1119.
Council Me.ber Clayton noted for the record that it has been Council 's consis -
tent practice to pass on first reading proposed ordinances and then have i
public hearing to adequately ex .. ine the issues involved in the final passage
of the ordinance under consideration. Council Ne.bers Kozacek, Hathaway, and
Habenicht each expressed their opposition to the passage of Council Btll No .
24, citing trafftc probl•s. possible negative t11pacts upon the area, etc. Vote results:
Ayes :
Nays:
Abstain:
Absent: Motion carried.
Council Me.bers Koltay, Byrne, Clayton, Van Dyke
Council "--bers Hathaway, Kozacek, Habenicht None
None
(e) City Manaver Fraser presented a reco.endatton fr011 the Depart•nt
of Financial Services to adopt a Resolution a.ending the 1988 budget of the
Golf Course Fund. Mr. Fraser exphined that this action was necessary to
balance the 1• budget for expenditure of approved, but non -budgeted, funds . The Resolution was assigned 1 nUIIIber and read by title :
RESOlUTION 110. 22, SERIES Of 1919
A RESOlUTION NDDIIC THE lMI llaET
CCIUICIL 1010 UZACEl 11*0, aQICIL IIATMMY SU.U, TO AINOV£ IUOWTICII •• U, SElJO Of 1-.
~s : Couftctl rs loltay, Hat , Kozace , Iyme , Habefttcflt, Clayt011, V Oyb Nays :
Abstain : None
Absent :
tfon carried .
A
liT I I .
Englewood City Council Ninutes
April 17, ltag -Page 8
•
• •
RULE CHARTER All) THE ENGLEWOOD MUIIJICIPAL COO£ 1185, SECTION 4 -1-3, AND AWARD -
ING A NEGOTIATED CONTRACT FOR THIS PROGRAM FOR NAINTENAHC£ OF THE ENGLEWOOD STREET SYSTEM.
c:a.:u ._. Ul.TAY liMO, CGIII:JL .,_. lOZACDC SO:.O, TO APPIOYE ll£SOWTJ ••• 23, SOlES OF lilt.
Ayes: Council "-bars Kolhy, Hathaway, Koucek, Byrne,
Habenicht, Chyton, Yan Dyke None
None
None
~s:
Abstatn:
Absent:
Motton carried.
12. City llanager's lteltort
Mr. Fruer dtd not have lfty •tters to bring before Council .
13. City Attorney's lteltort
Mr. DeWitt discussed the following •tters with Council:
(a) Status ~rt regardtng dectston of Court In the •tter of City of
Englewood vs. Arapahoe County Co.alsstoners regarding water .
(b) Issue paper regarding SUP£RF'UII), the topic of sevenl recent Editorials In the Englewood Settttnel.
(c) bquestld authority to file Efttry of Appear~~~ee regarding A,pl Iu-
tton No. IM-1701 -Atchison, Topeq Md Sa~tta Fe Ran..., eo.,. .. , cOACeMitng access to Sa~tta Fe Drive .
aucn ._. lllltell -.. MYII •• 1n11 '"-· ".,..1zr lMl ern An_, Tl flU II '"IS MnD.
A,Y.s : COURCtl ~ koltay, Math 11. Kozacek, Iyme , Habenicht, C1ayt0ft, Yan Dyke .... .... ~s :
Abstain :
Absent :
Motion carried . Yartous access points
dor re discussed . htterch nges t
v 11
(d) lt'J ngl C H 11
(e) Statu
14 . 11 Dt ston
(a)
yory Oy tt to 1. I
Englewood City Council Minutes
April 17, 1989 -Page 9
(b) Council Me.ber's Choice
•
• •
(i) A Resolution concerning the appointMent of Janet Kerzic, Ca-
reer Service Ca..issioner, was assigned a nu.ber and read by title:
RESOLUTION NO. 24, SERIES OF 1989
A RESOLUTION CORRECTING THE TERM OF JANET KERZIC ON THE CAREER SERVICE BOARD .
CCUICIL ..-o HATHAIIAY MOYm, CCUICIL NEJIIEI ICOZACEI SECCII)m, TO APPROVE ltESOLUTJOII MO. 24, SEIJES OF ltlt.
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke Nays: None
Abstain: None
None Absent:
Motion carried.
(ii) Council Me.ber Clayton presented uterials which had been
received via the BooQI)bfle concerning his recent survey in the Englewood Sen -
tinel . Also included were several drawings by Englewood students which he
wished to have trans.ftted to the Director of libraries . Mr . Clayton read a
poe. which had been authored by Shel Silverstein entitled "Overdues .•
(iff) Council Me.ber Kozacek, the City 's alternate -..bar of Den -
ver Regional Council of GoverMents (DRCOG), requested voting direction fr
Counctl concerning support of a resolution encouraging Denver citizens to ap -
prove construction of the new Denver a irport. Mr . ICozacek stated his oppos ·
tion to thfs Council encouraging cithens of another c-....fty to ta e on t s
responsibility . He felt the airport should be a state-wide airport , not jus
Otnver . Council r Habenicht , the City 's d legate r of ORCOG, spo
in favor of the airport, stating that the total •tro reg on has a sta e n
the projtct. Howver , she also requested Council 's d rect on tn th h tter,
and stated s or Mr . ICozacet .auld vote accordingly .
CCUICIL .,_. IIAIDIICHT IIDWED, MYel YM DWt SU.O, TO MIT'NIIaiZE TME
CJn•s I£PIUDITATJvt II lTTDIWit( AT THE 1£11 CCUICJL OF lOY
NOITS REITI 011 APIJL It, lilt, TO SUPNIT TME I£SOLUTIOII a.r• D01Y0 VOTW TO SWNIT TME AIUOIT.
I
. .
Engl.ood City Counc:11 Minutes
April 17. 1189 -Page 10
•
• •
there would ultt•tely be an econc.tc benefit as 1 result of the airport 's
construction and .. ~uld be a beneftctary of that econa.tc boost .
15 . Adj~
alll:ll .._. ICODCB MVED TO..... The .. ttng adjourned at 8 :40 P ·•·
Englewood City Council Minutes
May 1, 1989 -Page 2
•
• •
J.. X
lC f
ot r
+(, 7 ('
' e
{i) Tipe 89 -c0111pliining he hid not
rece1vea e ni resu s on e nal inspection on a contrac-
tor's job in Englewood. He did not get the results fr011 the ippeals boird
hearing. Whit was delivered to hi• by Ms. Parsons was not whit he requested.
ProbleMs getting transcript, how is the .atter appealed without i transcript .
Appeal fee. He had been info~ by Council that it would be taken Cire of .
Clayton requested that Haidon provide Council with a written list of whit Hal -
don wanted fr011 the City which Mr. Friser could address and provide a report
to Council. Hiidon agreed to provide the info~ation. He then discussed an -
other •atter regarding notice given to Linwood Spurling, 4720 South Pearl
regarding property which was uninhabitable. He was of the opinion that the
notice was i~roperly worded and objected to the aanner in which contact was
•ade with Spurling . Mr . Fraser explained that the building in question is not
habitable, doesn 't •et the code requi~nts and 111.1st be re.aved . The notice
in question gave Mr. Spurling the opportunity to bring the building into com -
pliance . Haidon objected strongly to the verbal conversation between Mr .
Yoder and Mr . Spurling . Mr. Fraser advised Council that he would .aet with
staff to beca.e 110re info~ about the issue when he returns fro~~ a scheduled
trip. Clayton coflft~ that Council Is very concerned about Mr . Spurling ,
but he was of the opinion that any -.ttng regarding this utter be between
City representatives and Mr . Spurling or his designated legal counsel , that it
would be inappropriate to .. t with Hat don regarding thh utter . Koltay
stated he had ~sted 1 reference for legal aid for Mr . Spurling, that both
DeWitt and Fraser should be present along with Spurling and his counselor .
Hathaway suggested that perhaps legal counsel could be secured for Spurling frc~~~ the Colorado Cierontologtcal Soc i ety . Habenicht stated she was hear i ng
Halden say that the City 's notice to Spurling should take a kinder , gentler
approach st•tlar to that called for by lush; howver, she concurred that
need to use legal laftVUate • IN dealing with a legal process .
8 . c-.tteattons 1M pPoct ttOM
(a) CIUKIL
M:an T1l( LlTTD
... llnBJ"
c
SO:C.DOI . TO
tc ,
t I
•
• •
April 5, 1989
Mayor suaan Van Dyke and
Maabara of tba Enqlawood City Council
Englewood, Colorado 10110
Dear Mayor Van Dyke and llallbara:
-c-·v-·--·-(" . ~-·-I ,_: I.J
APR ·. 21989
DfPT. OF FINANCE
EIGL£WOOO
Aa I aa aure you are aware, ay tar. aa a llallbar of the EI"'CJlawood
Liquor Licanainq Authority expire• Auquat 4, 1919. I certainly
have anjoyacl Hrvinq on thia Board ainca ay appoin~t in 1913.
However, I have dacidacl that I no lonqar have tba ti.. or anerqy
to continua in tbia volunt .. r capacity due to the raquir .. anta of
ay profaaaional and paraonal 9oala. 'l'harafora, I will not be
aeakinq reappointaant in Auquat. I thank each of you for thia
opportunity to have Hrvacl the c~ity •
.-&~tnlin
3959 sou aco.a street
Eft9levood co 10110
8 (a)
I
•
• •
PROCLAMATION
WHEREAS, at the very beqinninq of our Nation in our quest
for independence and liberty, the people recoqnized God as the Author of freedom; and
WHEREAS, in 1774, the members of the First Continental
Conqress voted to make its first act a prayer; and
lmEREAS, in 1952, Conqress of the United States adopted a
resoluti on callinq for the President to set aside and proclaim a
day each year as a National Day of Prayer; and
WHEREAS, it is appro?riate for the people of our Nati on to
acknowledqe his tradition and follow the spirit of our Foundinq
Fathers ~ho b sed their Declaration of Independence upon a firm
reliance of he protec ion of Divine Providence; and
I~'ER AS, citizens fro nearly every nation on Earth )Oln
in annually to recoqnize this Nat onal Day of Prayer, each in h s
own manner, and o pray for unity of the h ar • of all ankind;
!C~, THERCFORE, I, SUS ~ VAN DYKE, M yor of he Ci y of
d, Color do, h reby proelai ay 4 •
CITY DAY OP flAY
GIV ~ nd r y h nd nd al hia la d y o y, l 8 •
8 (b)
•
•
•' •
aGLIIIUOD ~ ~ MrlaaiTT
3 53 5 South Sber.an -ID&lewood, CO IOllO
~
Hardt • ' 1919
H~mb~rs Pres~nt: BrPier, Clos~, Col~man, Green, Hathaway, Oxman,
P~ndleton, Platou, St~el~, Tomooka
Birdsall
Staff Pr~aent: P. Hay~a, H. Hill~r
Gu~ata/Viaitors: Roger Fraser, Dick Binaon, Suaan Hirsch , Rich Wanush
The Regular He~ting of the Englewood Downtown Oevelop-nt Authority
Board of Oir~ctor 's vaa called to order by Chain:aan Walt T01100ka
at 12:05 p.m., on Karch 8, 1989. Chairaan Tooooka introdur d Ka.
Polly Hayes, the new Executi Dir c tor to th• J oard and to h
gu ata that wre in attendanc • Chair.:a. Tot.oo::a alGo introdu
Ha. Sua an Hirsch, Senior Planner anC: ar. no:;er Fraser, the n City
Manager.
Cbairaan T0110oka asked for a
aular l!ti on Februa C
by Hr. Platou o • • .:.
by voice vote.
tion to accept th Hinuua
l!:S9. Hr. P ndlf!'ton IIOY d,
t.utf!'o . '" Dt ion :£
t
nd
9 A
I
MINUTES
March 8, 1989
Page Two
•
• •
been proposed that usage be limited to civic, community, service
and non-profit organizations. It was also noted that if the area
were to fall under the guidelines of a "park" -liquor sales would
be prohibited. Fees for existing vendors when special events are
being held was also discussed. As of yet there is no set fee schedule.
It was gen erally agreed that fees will need to offset the costs
the City will incur for .. intenance. It was suggested that the
fees charged in downtown Denver be looked into. Hs. Hirsch and
Hr. Wanusb asked if the EDDA would be the prt.e initiator of activities
for The Plaza. It wu the aeneral feelina of the Board that Hs.
Hayes nas proposed many activities that would be centered around
The Plaza. It was also noted that parkina for large numbers of
people would be no lonaer be a proble~~. Hr. Fraser noted that the
City's involve-nt would be miniaal; adllinistrative for the IIIOst part.
Hs. Hirsch had also brought a drawing that showed proposed locations
for vendor carts. There was open discussion of the possible events,
usage restrictions, etc. H.. Hirsch urged all of the Board Hesibers
to aak.e their views, sugaes tiona and concerns known t o either herself
or Hr. Wanuah before the final draft ia presented t o City Council.
Hr. Toaooka thanked Ka. Hirsch for her presentation.
DIIJC1W 'S uPCJaT
I
MINUTES
March 8, 1989
Page Three
March 23, to introduce Ms. Hayes.
Promotional Calendar
•
• •
In connection vi th Hs. Hirsch's presentation the promotional calendar
had been passed out at the beginning of the ~~eeting. There was
general discussion of the projects listed on Ms. Hayes calendar,
all of which vere very well received. Ms. Hayes also stated that
she is very open to any suggestions the Board uy have and encouraged
each of th-to give her their input. It vas suggested that an
event revolVing around a particular flower be organized. At this
point Chairman T0110oka asked Ms. Hathaway to ve rify the "Carnation
City " label Englewood supposedly had in the past.
Restricte~ Funds
Hs. Hayu defe rred to Ms. Miller for an esplanation. Ms. Miller
noted that th reGJaining $24,000 for th Chaaber •ecruit-nt Pro r
wa still be in restricted. Ha. Miller ueat d that a .,tlon be
aade to unrestrict the fundt. Hr. P ndleton aov d, aecondl'd by
Mr. Col~n to unrutrict the $2 ,000. ti n pa cod unani ual y by voice vote.
~allocation Corr ction
I .
MINUTES
March 8, 1989
Page Four
•
• •
vacant and for sale), and the possibility of a major restoration/conver-
sion. Hs. Hathaway noted the owner, who does not reside in Englewood ,
is very anxious to sell the property.
Chairaan Toaooka asked if there vaa any further buaineaa to be diacuaaed.
M there vas not, Chat-an To.>oka adjourned the -eting at 1:15 p.m.
and asked those Board H .. bera who could, to stay for the Executive
Seaaion to discuss the leaae and the aalary of the Executive Director.
I
•
• •
PLEASE MOTE: TRESE MINUTES RAVE HOT BEEN APPROVED.
EHCLEWOOD D0W11T0WM DEVELOPMENT AUTHORITY
3535 South Sheraan -Eaalevood, CO 80110
Members Present:
Meabers Absent:
Staff Present:
Guests/Visitors:
MIHUTES
April 12, 1989
Birdsall, Close, Coleman, Green, Hathaway, Oxman,
Pendleton, Steele, To.ooka
Breier, Pla tou
P. Hayes, H. Hiller
Dick Hinson, Rich Wanush
Tbe Reaular Keetin& of the Ena1evood Downtown Deve1opaent Authority
loard of Director's waa called to order by Cbairaan Walt T0110oka
at 12:10 p.a. Chairaan To.,oka noted that since everyone present
knew each other introductions were not necessary.
Cbairaan To.,oka asked for a .,t1on to accept the Minutes fr-the
eau1ar Keetina on Karch 8, 1989. Ms. Rasbavay .,ved, seconded
by Mr. Green to accept the Minutes. Tbe .,uon puaed unaniaoual y
by voice vote.
Tbe Treasurer' a
to the loard t
is tarn np art
31) and al
9 A
I
MINUTES
April 12, 1989
Page Two
•
• •
written a letter outlining the EDnA's responsibilit ies with regard
to maintenance. As soon as the letter is found a decision will
be made.
New Office
Chairman To1110oka spoke with Mr. Jim Tilger at the First Interstate
Bank and was told that we could move anytime after April 15. Mr.
To1110oka also noted that the EDDA would also be purchasing some used
office furniture from First Interstate. Chairman To1110olta c01a11e nted
that First Interstate has been 1110re than fair in their dealings
with the EDDA, and use of the amphitheatre h ideal for seminars,
etc. He set a moving date for April 15, provided telephones would
be arranged for and schedules could be shifted so as not to interrupt
the work week. He also noted that his employees would use his coepany
truck to move the office .
DIIECTOl'S l!POIT
Concerts in The Plaza
Ms. Hayes updated the
f or The Plaza. Wee ly lunchtl concerti v 11 b h
late Kay and one niaht uch .,nth
be an ewnlnc cooc:ert.
ba1 been coordinnin th • concert rt
la t e coordinator for the tcian
• Michal a 1, 1
of tr 1
-
MINUTES
April 12, 1989
Page Three
•
• •
vith publicity . . Its . Hayes noted that she had agreed to design a
flyer and she would arrange for the Boy Scouts to distribute them
in the area neighborhoods. She also plans to have the flyers ditributed in the schools.
Office Typewriter
Ks. Hayes noted that B&L Office Systems will apply all of our lease
pay.-ents towarda the price of purchasing the typevriter we now have.
The total cost would be $395.00. This was agreeable to everyone .
Business Seminars
Ks. Hayes noted that she vill be coordinating business seminars in
conjunction vith the Englewood Cha•ber of COI!IIIIerce to be held in
the .. phitheater in our new office space. The first of these seminars
will be on stress manacement. A date has not been set.
Flood Plain Insurance
Ms. Hayes had been contacted by Hr. Fred Kaufaan, owner of Kaufoan's
Tall and ISig Hen's Shop, regard ina his flood insurance policy. Hi a
preaiua wa.a reduced as a result of the flood iaprove..-ent project.
He asked that Ks. Hayes aaiLe thb inforaation available to other
.-erchants in the district. Ms. Hayes said she would include the
inforaaUon in the next edition of the enalev6rd, which 1s scheduled to be distributed Kay 1.
Urban Renewal Authoritl
r. Hinton stated thtt Buyer'• Club hts !11 d Chapter 11 ln tn att .. pt
to reoraani1e but, the buain •• will r aaln open. Hr. in on co.aented
t at aany co.ptnies ftle Chtpter 11 tnd are able to pull throua
At thts point th cit is not concern d.
r -
, into
flood
U ll I
•
• •
nglewood Public Library
3 4 005 El•hSt £nql •"'ood ,C080110(!iO'i·7 1-4 7)
IIIIftJTU
Englewood Public Library Advbory Board
April 11, 1119
Tbe regular ... ting of tbe Englewood Public Library Adviaory
Board vaa called to order by Olair.an Al Quaintance at 7:29 p.a.
PR!:SDT: Al Quaintance, Jobn Peteraon, Larilyn Aahlock, Virqinia
Johnaon, Joe .. t.bburn, ... st.on, Dorothy Totton
RBGitft&: Kary Dounay, Jobn Gray
ALSO
PR&SDTa 8baron Winkle, Director ot Library and a.creauon
.. rvicee, Donne Gott.berv, -.cording Secretary
Roll cell vaa taken and a quorua decla~ pr.eent.
Tbe.re were no acbedulect or UMCbeduled Yiaitora.
llr. Quaintance turned tbe ... u,. ewer to ... Winkle tor the Director•• !!port •
... W1nltle Pr.eented a lteport ot t.be Piret Pba .. ot the Planning
Prooeee. 'l'bia r.octrda tbe .. jor deciaion. that heve been .. de regarding t.be Planning project to date.
11-10 IDI'IO.t Tb.at tbe tiret report on tbe Planning Proceaa be acceP£iCI ana forwarded to CoQncil tor revi
llovect by John tenon s onded byr J m
otton rrled.
r Pra .. r ia a ot
tha City Attomey •a
To Mt rd the public nd
it t ie
in thia aanner ia
9 B ·
I .
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•
•
• •
This is National Library Weak and to celebrate the Library is
beginning a volunteer story tt.e on Saturdays and Sundays. There
will also ba a spacial faaily prograa on Sunday, April 16.
Chairaan '• Report
Thera vas dlecuasion on having an Open Bouse/Public Forua program
in AU9Qat. At this tt.e the Library•• aission stata.ant (draft)
should ba ready to ba introduoad to tba public for co..ant. Mr .
Quaintanoa 8111J9Utad that at the Kay ... tincJ a ca.aittaa would ba appointeeS to plan this avant.
Mr. Quaintanoa notacS t.bare is a 'l'ru8taa ... ting at Aurora on
April 21. Ba plan. to attend. Let bia know if you would like to attend along with bia.
"-bare' Choice
Ms. aliOii vll1 not ba at tba .. Y ... uftCJ. Sba is anjoyift9 bar
tt.e with tba Historical 8ooiaty. So far 117 faailiaa have
•ivnad up to write artiol.. for tba history book.
11s. Ashlock will not ba ebla to attend tba llsy ... uftCJ.
llr. Petaraon sbancl piotur.s taken in Franoe while be visited there.
'l'bere wre no aa.aittaa reports.
'!'be Stati•tioal -.port for llarab u., ... briefly dieouaaacS.
froa the llarcb 14, Ult ... ting
Meeting adjourned at l r 22 p .a .
4/U /It d9
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EII&LEVOOO LIQUOR LICENSING AUTHORITY
Aprtl 5, ltat
9 c~
The regular .. eting of the Englewood liquor licensing Authority was called to order by Chainaan Styes at 7:34 p.•.
Present:
Absent:
A quoru. was present.
Also present:
Waddell, Mclaughlin, lunders, Styes Boardun
Assistant City Attorney Gri ..
Deputy City Clerk Ellis
• • • • •
MDIIEI IIADOELL MOVm, MDIIEI MCLAUGHLIN SECCIII)m, TO APPROVE THE MINUTES OF THE MEETIN6 OF MaCH 15, ltat.
Ayes:
Nays:
Abstain :
Absent:
Motion carried .
Waddell, Mclaughlin, lunders, Styes None
None
Boardlun
• • • • •
.._. MCUUatliN IIOYm, .._. LUIIDEIS SlC.O, TO APNOVE THE lDOAL FOI
PAUL'S IUTAUUirr I PIZZEIIA, 3542 SOUTM FOI.
Ayts :
Nays:
Abstain :
Absent :
Mot i 011 carrt eel .
r t y st
alty
Waddell , Mclaughl i n, lunders , Styes
None
None
loardlun
• • • • •
• • •
• • •
n
Ayes:
Nays:
Abstain:
Absent:
P4otion carried.
•
•
.. •
Waddell, Mclaughlin, Board•an, lunders, Styes None
None
None
• * * * *
The Authority received and reviewed the police reports regarding The South and Magnet Inn. Discussion ensued.
NOllER NCLAUIHLIN IIIOVED, NOllER IOAJtDIIIM SECONDED, THAT THE AUTHORITY, AnER
REYJEV, FINDS 110 EVIDENCE THAT MY fUlTHER ACTION IS REQUIRED RE&ARDIN& THE POLICE REPORTS FOR THE SOUTH AND M&HET INN.
Ayes:
Nays:
Abstain :
Absent:
P4otion carried.
Waddell, Mclaughlin, Board.an, lunders, Styes None
None
None
• ••••
The Authority recessed into Executive Session at 7:50 p.a . The .. eting reconvened at 8:32 p .a .
• • • • *
Chatraan Styes called the ... th'9 to order at 8:32 p .a. He stated the
Authority was holdint the public heari119 to deteratne whether the hraented
Malt lever.,. (l .ZI ... r Off ·Preatse) license of Diaaond Sh..rock Refining l
Marketing C0111pany dbi Oiaaond Shawoclt No . 665, 4500 South lroadway,
Engltwood, Colorado, should be suspended or revolted because of certain
allttat tons of • v olaton . He called for a aotion to open the pu ltc ar ing.
A
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• •
Chairman Styes stated the Authority would accept the Stipulation with one
condition -that paragraph three be eliminated . He also pointed out that
accepting the Stipulation does not alter the fact that the penalty decision rests entirely with the Board.
Discussion issued regarding paragraph three of the Stipulation.
Mr. Stitt, after conferring with his clients, agreed to strike paragraph three, which reads:
"3. The store clerk, Michael Butts, •aintains that Summers
presented an I .D. card indicating he was of lawful age when
purchasing the beer. su ... rs says he did not present an I.D. card .
There are no other eyewitnesses to the transaction. The arresting
officer did not find an I.D. card."
MEMIEI LlJI)EIS MOVED, MEMBER MCLAUGHLIN SEC()fi)ED, TO ACCEPT THE STIPULATION AS PRESENTED, STRIKING PARAGRAPH THREE.
Ayes:
Nays:
Motion carried.
Waddell, Mclaughlin, Boardman, lunders, Styes None
Mr . Grt .. asked that the Stipulation be entered Into the record and aarked as Exhibit No. 1.
Mr. Stitt called Michael Sullivan to testify .
Michael Sullivan, the District Manager for Dtaaond Sha.rock (for the Southern
District in Colorado), was duly sworn. Mr. Sullivan explained Dla.ond
Shlll'r'Oc:k's business operations and training progr• (regarding the 3.2S Beer
Code) to which all e~~ployNs are subjected. He stated that as a result of
thts liquor violation the co.pany will "beef up• their internal sting
operations . He responded to questioning froa the Authority.
Mr . Stitt called lort Mantos to testify.
lort Mantos, Z4ll South Tejon, the store .. nager, was duly sworn . Ms. Mantos
explained that anyone under 25 years of age should be carded. She responded to QUestioning froa the Authority.
r lundtrs questioned Mr . Sullivan regard i ng t e c any 's fntern al sttng operat on .
th Randy Ia
rtan Carls n ( lt
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Detective John Knoth stated that, from the Police Department's standpoint,
they would not oppose Mr. Stitt's request. Responding to questioning from
Chair.an Styes, Detective Knoth affirmed that this was the first time there
had been an alleged violation against Dia.and ShaMrock .
The Authority recessed into Executive Session at 9 :10 p.m. and reconvened at 9:30 p.•. with all members present.
IEMEI UIIKlS IIOYED, MEMBER MCLAU&Hl.IN SECOII)£D, lASED UPON THE STIPULATION
ACCEPTED IY THIS IOMD, THAT THE LICENSE FOI DIMOND SIWitOCIC, 4500 SOUTH
IIOADIIAY, I( SUSPEII»ED FOR A PERIOD OF THIEE DAYS; THE ENTIRE THREE DAYS OF
THIS SUSPDISICII TO IE HELD IN ABEYAMCE, PIOYIDED THE1E IE NO MORE VIOLATIONS
FOI THE TEIII Of THIS liCENSE, THAT IS DUE TO EXPIRE 12/16/8!1.
Mr. Gri .. questioned the .ation, as he did not feel the violation had been
properly addressed and noted. It was agreed that the violation did occur as
understood by the Englewood liquor licensing Authority, Dia.and Sh .. rock and their attorney, Mr . Stitt.
Vote results:
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Waddell, Mclaughlin, lunders, Styes
Boardman
None
None
Chair.an Styes noted for the record that Dia.and Sh .. rock has proven to be an
exemplary corporate citizen of Englewood. He commended th .. for the training
progr .. and syst .. of monitoring their employtts relative to the salt of 3 .lS beer .
IEIIIEI IMDDnl IIOYED, IEIIIEI MC~IN SECCIII)ED, TO ClOSE THE SHCMf CAUSE 1011• FOI DIAIDI) SHMIOCIC.
Ayes: Waddell, Mclaughlin, Boardllan, lunders, Styes Nays: None
Abstain : None
Absent : None
Motion carried.
* * * • *
Th r ul1r .. eting r conv ned wtth all
Ay s :
•ys :
Ab tatn :
Ab nt : e rr td .
* • * * *
l ug l n,
• ••
• 4 •
I TO ACCEPT PnlTI
n, lun r , ty
I .
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The .. eting was adjourned at 9:38 p.• .
.
<._/ . • /) '( ~~u,~
Dipu y y er
I . .
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Englewood Parks and Recreation Commission
Minutes of Karch 9, 1989
The regular aonthly .. eting of the Englewood Parks and Recreation
co .. ission was called to order at 5:29 p .a. by Chairaan Neyer at the Englewood
Public Library Conference Roa..
Keabers present : Araatrong, lraucht, Clayton, co .. a, Hathaway, Kozacek,
Neyer, aa..low, Wi&&ins, Winkle, ex officio
Kellbers absent: None
Chairaan Neyer asked if there were any additions or corrections to the
ainu tea of February 9, 1919 . Thare were none . A aotion was .. de and seconded
that the ainutes be approved as presented . The aotion passed unsniaously.
With regard to recent City oraanlzatlonal changes, Director of Library
end Recreation Services Sharon Winkle explained that it is City Manager
Fraser's intention in this reoraaniaation is to effect a ... 11er .. nage .. nt
structure vhich reflects the need to reduce expenditures while having a
aini .. l iapact on public services . Winkle revi ... d an oraanlaational char
that vas included ln the Coaaiaslon'a packets . Coaalasioner Clay on explain d
that dua to 11 currant position vacancies, Clry Kana&er Fraser .. de th
decision that it would be ln tha City's beat interest to proceed vlth th City
reoraaniaatlon rather than postponing tha process further . The Co.alaalon
discussed tha effectiveness of tha Co.alaalon wltbou rapraaenta ton o th
Parks Division at the Coaaiaslon .. atinga since the purpose o t Co.aisalon
la to serve both Parks and hcraation . Co.alaaloner A.rutrong .. a ao ion ,
seconded by Coaalaaloner Coaes, to recoaaend to Clry Kana r rra tha Perks
Superintendant Jla lavinalty attend the raplarly schactuled tl o h
Perks and raatlon Coaalsalon The aotlon paaaed l y .
•
• •
Director Winkle reported that the Interfaith Task Force Annual Walk will
be held on Sunday, April 30, and the second check point for the walk will be
at the Englewood Municipal Golf Course parking area . Commissioner Clayton
requested that the golf course concessionaire be alerted that a large number
of people will be in the area on that date .
Director Winkle reported that .. .bera of the Recreation staff have met
with the Student Council at Sinclair Middle School in hopes of obtaining some
insi&ht as to why the students have not taken part in different Recreation
events that have been offered to them .
Director Winkle reported that the pedestrian bridge at Belleview Park was
installed on Karch 7 and the landscaping will be co~leted by the end of
April .
Director Winkle reported that Parka Superintendent Kavinaky informed her
that in response to a snow re.oval question posed by Youth Com.iaaioner
Hathaway at tha February .. eting , he inspected the area in question the
aorning after the .. eting and found all areas to be cleared of snow but asked
that if this is found to be true again in the future to pleaae call him right
away ao that the area can be inapected and cleared i ... diately .
In reaponae to Chair.an Neyer'• inquiry concerning an article that
appeared in the Parka and Recreation Magazine reaardlng grant funding for anti
drug prograaa, Winkle atated she learnad that the guidelines fro• th
Com.unity Youth Activity Progr .. will be out soon and lt is unknown at this
tt.. if the City will be eligible for this progr ...
Director Winkle edviaed the Commission that thare will be some
construction in tha area of the golf course along the bank of the South Platte
River to prevent erosion which should be completed by the end of April .
c-laaionar Koucak inquired about the status of tha installation of th
driving rang lights . Director Winkle stated that City Engineer Raaland is
curran ly preparing specifications for that project .
Tb re was some discussion reaarding tha repair of roof l ak• a h
£ngl d l c rea ion C ntar .
d to
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• •
previous meeting, the Englewood City Attorney advised that staff and
Commission have every right to reject any ad that is determined not to be in
the best interest of the Recreation Department . Chairman Neyer requested that
the word "will" in item ~3 in the proposed policy be changed to "may". The
Commission agreed . Further discussion included the size of ads, possible
revenues that could be generated from brochure ad placement, and not
increasing the number of pages in the brochure to acca.aodate ads but rather
accept ads on a apace available basis . This proposed policy applies to the
recreation brochure and not the Kallay brochure. Youth co .. iaaioner Hathaway
made a motion , seconded by co .. iaaioner Ca.ea, to accept the Proposed Policy
for Parks and Recreation Brochure Advertisers and Sponsorships with the
emendaent of ita• ~3 changing the word "will" to •aay• and forward it to City
Council. The .ation passed with one abstention fro. Co-.iaaioner Clayton .
Clayton explained that he is concerned with the possible limitations of item
~2 of the proposed policy where co~aniaa such as Coors may approach the City
with an offer to pay large auaa of .anay to advertise for an avant or pay the
expense of publishing the brochure in order to advertise in the Recreation
Brochure. co .. iaaioner Kozacak stated that he voted for the proposed policy
but that he aay wish to consider aa.e variations of the policy in the future .
Director Winkle stated that aha has diacuaaad advertising in the Malley
Center Brochure with Kallay Director Mickelson . It is Mickelson's observation
that senior citizens are often taraata of ac ... and aha feels that seniors who
sea ada in the Kallay Canter Brochure aay be •ialaad into thinkina that the
advertised service has bean checked out and is bain& raca..endad by the Malley
Ce nter . Mickelson also stated that uaara of the Kallay Canter regularly
contribute to help dafray the expanse of printing the brochure . She reported
that total contributions in 1988 vera $3,000 and total printing costa for 1988
were approxiaataly $3,200.
Thera vas diacuaaion raaarding the possibility of an institutional
sponsor of such it aa as certain spacial events, printing of the Kallay Canter
Brochure and golf score cards .
Wl h r gard to future Co.-inion .. ating .. ala, the c-iuion aar ad
tha .. ala will continu o b provided at the .. atinga with a aaxi.ua cos o
$ 0 ·$~0 p r .. atina. which 1• a r duction of approxiaataly 45,.
0 th
ard ln n I •
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Director Winkle reported that the Interfaith Task Force Annual Walk will
be held on Sunday, April 30, and the second check point for the walk will be
at the Englewood Municipal Golf Course parking area. Commissioner Clayton
requested that the golf course concessionaire be alerted that a large number
of people will be in the area on that date.
Director Winkle reported that .. ahara of the Recreation staff have met
with the Student Council at Sinclair Middle School in hopes of obtaining some
insight as to why the students have not taken part in different Recreation
events that have been offered to the•.
Director Winkle reported that the pedestrian bridge at Belleview Park was
installed on Karch 7 and the landscaping will be completed by the end of
April.
Director Winkle reported that Parka Superintendent Kavinaky infor.ad her
that in response to a snow removal question posed by Youth co .. iaaioner
Hathaway at the February .. ating, he inspected the area in question the
morning after the .. atin& and found all areas to be cleared of snow but asked
that if this is found to be true aaain in the future to please call him right
away so that the area can be inspected and cleared i ... diately .
In response to Chairman Neyer's inquiry concerning an article that
appeared in the Parka and Recreation Kaaazine reaarding arant funding for anti
drua proaraaa , Winkle stated aha learned that the ruidelinea fro• the
Ca.munity Youth Activity Proaram will be out soon and it is unknown at this
time if the City will be eligible for this proaram .
Director Winkle advised the Co..iaaion that there will be ao ..
construction ln the area of the aolf course elona the bank of the South Platte
River to prevent erosion which should be completed by the end of Ap ril.
Co..iaaione Kozacek inquired about the atatua of the Installation of the
drlvin& ran&• ll&hta . Director Winkle stated that City !n&ineer le&land 11
currently preparina specifications for that project .
There waa a dlacuaaion reaardin& tha repair of roof leaks at the
Enalevood lecrea ion Center.
Youth Ca..laaloner Kathaway inquired about two eub ·e ... itteea that vera
for.ed by th Ca..laaion , one concernina laeraation and Kallay proaram Ce a
and one eoncernina free &olf for City a.ployeea . Ca..haloner Arutro
stat d tha th itt for pro,ram fees will ... soon n t City
r oraanh tl n hold , c ... halo r Clayt atat d t pr
th co..l fr aol or Ct a8plo City r
or hla r ated b C laalo r Ira a
tin ,
•
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•
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Commissioner Wiggins inquired about the status of testing that will be
done at the Englewood Golf Course by the EPA. Director Winkle stated that
City Engineer Ragland has met with EPA representatives but is not aware of the
outcoae of that meeting.
co .. laaioner Wiggins aakad about the projection of lottery funds for
1989 . Co .. iaaionar Clayton stated that there is a projected 30t decrease in
funds to the City thla year .
Youth Co .. isaionar R ... lov reported that at Roaana Park there La standing
water on the Wast aida and ao.e bucklin& on the last aida of the all-purpose
court caualna daaa&• to the court and ba&ardoua playina conditions for court
users .
Chair.an Neyer asked if any ..-bars of the Co.aiaaion are planning to
attend the NRPA/CPIA Sprlna Conference in Aprll and whether or not there are
City funda for Co.alsslon .. .bars to attend functions of this type . Director
Winkle stated that there is so.. fundin& available for staff .. ~era , but that
conference and food bu4&ata have bean cut by SOt by City Council .
The .. atin& vas adjourned at 7 :40 p .•.
Linda Vilka , lecordln& Se c re t a ry
I .
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co .. iaaioner Wiggins inquired about the atatua of testing that will be
done at the Englewood Golf Courae by the EPA. Director Winkle stated that
City Engineer Ragland haa ••t with EPA representatives but 1a not aware of the
outco .. of that •eating.
co .. iaaioner Wiggina aaked about the projection of lottery funda for
1989 . Co .. iaaioner Clayton stated that there ia a projected 30• decrease in
fund& to the City thia year .
Youth co .. iaaioner aa..1ov reported that at loaana Park there ia standing
water on the Weat aide and •-bucklina on the laat aide of the all-purpose
court cauaina cSa.age to the court and hazardous playina conditione for court
uaera.
Chairaan Neyer aaked if any ..-bera of the CO..iaaion are planning to
attend the DPA/CPIA Sprina Conference in April and whether or not there are
City fund& for CO..iaaion --.bera to attend function& of thia type . Director
Winkle atated that there ia a-f\llldina uaUable for ataff -.bera . but that
conference and food b\ldaeta ha-been cut by SO• by City Council .
1be -•tina waa adjourned at 7:40 p .•.
UDda VUka , lecorclina Secretary
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Englewood Parks and Recreation Commission
Minutes of April 13, 1989
The regular ~nthly .. eting of the Englewood Parks and Recreation
co .. iasion vas called to order at 5 :30 p .a . by Chairaan Neyer at the Englewood
Public Library Conference Rooa .
Kaabera present : Arastrong, Braucht, Clayton, co .. a, Hathaway , Kozacek ,
Mayer, R&aelov, Wi~&ins, Winkle, ax officio
Keabera absent : Nona
Also praaant : Kalla Wa~&onar, Director of Public Works
Chairaan Mayer aaked if there ware any additions or corrections to the
ainutaa of Karch 9, 1919 . Thera ware none. A ~tion vas aade and seconded
that the ainutaa be approved as presented . The ~tion passed unani~usly .
Coaaiasionar eo..a reported that the Kallay Canter Trust Fund co .. ittee
tara of Evelyn aoo. will expire on April 20, 1919 , and that the Trust Fund
Coaalttaa ia racoaaandln& to the Coaaiaaion that Evelyn be reappointed for
another tara of three years. Discussion ensued ra&arding Council's practice
to advertise to fill board and coaaiasion vacancies, and Coaaisaion asraed
that future vacancies on this coaaittaa will be filled in a aiailar aannar .
Coaalaaionar Ko&acak then aada a ~tion, seconded by Youth Coaaiasloner
Hatheway, that Evelyn looa be reappointed for a three year tara on the Mall y
Canter Truat Fund coaalttaa. The ~tlon passed with one abatantlon fro•
Coaalaaionar lraucht , who entered the ... tina at 5 :35 p .a .
report, included ln the Coaala1ion'1
Winkle al1o pall d ou
. l .
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• •
proposed prograa for the 1989 season et the Clayton site which is an extended
prograa particularly designed for children of working parents wherein the
hours of operation will include the early .arning hours as well as late
afternoon hours. Winkle reported that a chana• in the registration process
for the Playground Prograa is also being proposed wherein weekly registration
will be accepted in the hopes that it will be easier for faailies to avail
the .. elvea of the progr... Winkle stated that 53' of direct coats would be
recovered fra. the 1919 Playground PTograa . Co.aiasioner lozacek asked for
infor..tion with regard to a subsidy prograa for faailiea that are unable to
.. et the fee requiraaents for progr ... offered by our Recreation Depart•ent .
Discussion enaued . Youth Co.ahaioner Hathaway .. de a .ation, 2nd by
Co.aiaaioner CO..a, to forward staff's proposal for restructuring the
Playground Proar .. for 1919 to City Council for approval . The aotion passed
unani.aualy.
With raaard to the proposed Oxford Avenue Park, Director Was&oner
reported that Urban ld&•• is prepared to basin raisin& funda to construct the
park, Which will be located on the Morth aida of Oxford Avenue and Wast of the
South Platte River . Wagoner stated that Urban Ed&•• baa asked the City to
enter into an aare ... nt with the Corps of En&ineera in which the Corps would
ret.burae the City for 1/2 the coat of the park installation . The estl.ated
total coat of constructing the park la $175,600 . Wagoner revia-d a proposed
aaraaaent with the Corpe of lnaineera, copies of which -r• included in the
Co.aiaalon's packets. Wagoner .. da reference to several areas of concern in
the aar-nt that he will di.c:uea at a -•tina on April 21, with lob Seams
of Urban ld&•• and the Corps of lnalneera . Co.aisaloner Clayton sus&••ted
that Enalawood doaate tba land for this park project, South Suburban build the
park, and Sheridan .aintala tiN park since it la located in Sheridan .
Director Wa&aonar stated he will pass the suaaastion on to lob Seams .
Followlna futher dlacuaalon, Youth eo..taaloner Hathaway -.de a .ation , 2nd
by Co.aiaalone:r ~t:roaa. that the c-iaai-is in faYO:r of tba Oxford Park
project in the avant that f~ are provided by South Suburban Park Founds ion
and a reasonable contr.c:t f:r-the Corps of lnainears la obtained . The .ation
passed unaot.ou.ly .
Director Wagoner reported that he -t vlth the Health Dapare..nt and
obtained lnfo~tlon cooearntna a p-ound -tar -ltortna proar .. that will be
run at the lft&l-.d Golf c-r... lie ataud that inatalla ion of 3 to 6 -11•
wll 1 be -.de on the lut aida of the Iouth Platte Ri¥e:r be the
.. tntenanca path and the CrHnvay bike path , and -ther -u on the tas side
aolf c:ou... Tha taatlna vlll take place in the near uture with
to follow within a few -Ita . Wagoner ate d Ul p t
1 n lnfor..d o th teatl proc:aaa ancl r ul •·
. , .
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be feasible to uae the Englewood Golf Course for a Windjammer cross country aeet in the Fall.
Director Winkle infor.ed the Co.aiaaion that a contribution to the Malley
Center Truat Fund by Elsie Malley ..... t..inent. The eatiaated $70,000
contribution would be contingent upon ita uae for the purchase of property for
uaa by Malley Center. There wu •-diacuaaion concerning uaea of the property.
Co.aiaaioner Kozacek, beceuaa of co..enta he received fro• interested
citizens, inquired about the purchase of aolf cara with topa, aa vaa approved
at the budaet retreat for purchase in 1919. Director Winkle stated that Golf
Pro Mark Kindahl 1a in favor of extending the purchase date of golf cars so
that they will be available for the 1990 aeuon. Kozacek requested a report
ragardina the City's existing end proposed aolf cars.
C:O..iaaioner Clayton puaad out copies of a proposal for uae of
Centennial Lake for boatlna. Dlacuaalon included the effect that .. y occur on
fishing if boating ia per.itted, the poaaible insecure condition of the lake
banks, liability exposure, per.Ita for boating, patrolling, etc . Co..iaaioner
Clayton aade a ~tion, seconded by eo..taaioner lraucht, to request staff to
atudy the proposal for uee of CenteDDlal Lake for boatlna and aake
rec-.ndatlona to the eo..taalon . The ~tlon paaaed unani_,.ly .
Youth C:O..laaioner Hathaway aeked why the fountain at Hipway 21S and lr~ay waa not working . Director Veuoner stated he will check into it .
C:O..laaioner lraucht uked about the atetua of the Upting of the
driving range project. Director Weuoner stated that IMH, an electrical
conaultlng fir., hu been hired to work on the lipting and will present a
propo .. l in the near future , He stated that they expect to have the project
c-.lete by July 31. C:O..laaloner lraucht inquired about OV'er uae and
probl ... ln .. lntainlng the driving range wtth the extended hours . Wauoner
atatecl that staff la cl&tlllng with thoae concerns .
there vaa dtacuaalon raprdtng the installation of a telephone at the
drlvtna range abed for INbUc uae aa .. u aa for ataff uaa ,
'lbe -.clna wu aciJOUl"fted at 1 :12 P·•·
u
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CITY PLAIRIRG AND ZORIRG COKKISSIOR
April 11, 1919
I. CALL TO OaDD.
DllAPT
The reruler ... tins of the City Plannina and Zonins Co..iaaion wea called to
order at 7 :00 P .M. in Conference Roo. A by Chair.an Fred Volkaaa .
Hellbera Preaent : Caraon, Draper, Fhh, Garlick, Schultz, Tobin, Volkeaa,
.Barber
Wanuah, &a-officio
Hellbera Late: .Backer
Hellbera Abaent: None
Staff Preaent: D. A . Roluna, A.aahtant Director of C-.nity Develop..nt
Suaan Hirach, Senior Planner
II . APftOVAL Of IIDUftl
April 4, 1919
Chair.an VolkA.a etated that tha Hinutee of April 4, 1919 .. re to be con -eidered for approval .
Fhh .a .. ct :
Canon eeconded : The Hlnutee of Aprll 4, 1919 be approv.ct u written .
lrlef diecuaalon eneu.ct .
The vote waa called :
AYIS :
MAYS :
Alliin'.
Alit AI
Careon, Dr
None
leckar
The lon carrt d .
UI .
A.
r , Plah , Garlic • Sc~lta , t ln , Vel
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Hr . Volkema atated that he had attended the City Council meeting on April 17,
1989, at which time Council opted to aet a date for a Public Hearing on the
SHC Planned Development. Diacuaaion followed. It was suggested that if mem-
bers of the City Council have queations pertaining to a particular issue, such
aa the SHC Planned Develop•ent, that an effort ahould be made to attend the
Planning co .. iaaion Hearing .
Dhcuaaion anauad on the role that polltlca .. y have in the reco .. endations
made by the Co..haion va. the ultimata dechlons that are rendered by City
Council, and whether there are purely •technical" reco-ndationa or solu-
tion&. The attendance of City Council .. IIbera at Plannins co .. taaion hearings
waa briefly dlacuaaad, and the need for Plannlna Co..laalon repraaantation at
City Council -•tina• vaa alao considered . Kra . Becker stated that in her
opinion, it h appropriate for -.bara of the eo-halon to attend a Public
Haarlna before City Council on a .. ttar that baa pravloualy bean before the
Ca.alaalon, and that lt is appropriate for Plannlna Ca..lsslon -•bars to tes-
tify before the Council on those .. ttara.
It vaa pointed out that tha Ca.alaalon aervea aa a fact finding body, and does
the •reaearch" on an laaue before .. kina a raca.aandation to the City Council,
which .. y be accepted or rejected. Commlsalon ..-hera noted that a couple of
.. ttera, auch aa the Landacaping Ordinance and the s-dlah Medical Center
Planned Develo~nt, have been r ... ndad to the eo-halon . The reasons for
this action on the part of City Council vas queatloned and dlacuaaed . Kr .
Schultz cited a quotation : "If two people agree exactly, one of the• la not
necaaaary . • It vaa raco&nized that the views of the Ca.alaalon end Council
.. y dlverae, but that it la important to continua to aend onto Council a clear
and complete report . Commlaalon .. llbars alao recocnized that Council does not
have to accept their rec-ndatlon .
,....,_ra felt that lt would be of help to the eo-halon to .. et with other
Plannlna eo..laaiona throuahout the aoutb .. tro area, aa well aa to -•t with
cacoc . The c-laalon vas &lao of the opinion that it would be helpful to
-• wl h the Ciry Council several tt..a throupout the year .
r dlac uaaion anauad on the
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att.endina end
eo-halon
a raapon ·
t o adctr u
r t her dh ·
to
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or another body for further study and enactlon . He stated that the input from
these ad hoc committees ls very important, but they should understand that the
Planning Commission makes recommendations for City Council consideration .
Kr. Draper stated that ha found lt vary intere sting to learn about the loan
progr ... available for home improvement at low or zero percent interest .
Kr . Fish stated that the Kiplinger Latter had recently contained a synopsis of
hou.ln& in the U.S. , and indicated that there were tvo negative centers ln
their projectiona of housing values, one of which was the Denver Metropolitan
area. Denver was projected to have a -6• value ln housing stock, and other
.. tro araaa ware projected to lncraaaa the value of houain&.
Kr . Vol~ stated that ha felt the Housing Advisory Teak Force .uat take into
account the probl ... of low lnco.a houalna and dlaparae .. nt thereof throughout
the City. Ha stated that the City does have low inco.a units located through -
out the City and not a heavy concentration in any one area, so he does not
faal this will present the probl•• that la baing experienced ln portions of
Denver . Ha also augaaatad that the to..lttaa conaidar the t.pact the Federal
Government cutbacks are aakln& on housing .
Kr . Draper stated that it was pointed out that ho.a buyers can purchase • new
ho.a in Aurora for the .... or vary little mora than the average ho.a value ln
Inglewood . Kr . Draper stated that there 1• a lot of rental property, which ls
not all poorly aaintalnad, and that a conaldarabla a110unt of this property
will probably ba aarkatad for sale .
c . SICN CODE UPDATE
Kr . Vol~ atatad that Sound Varahouaa haa a atan facing U.S . 285 . Ks .
Hirach stated that this •len is a Joint Idantlflcatlon Slen .
Kr . larbar aakad why the stan Coda all-• alps for school board alactlona ln
o.nv.r . Mra . a.o.an. stated that this partic ular sten does not ca.ply with our
Slpl Coda, and lt h adj a cent to the State Hlpay , also . The !nforca .. nt
Offlcar haa bean aakad to have the alen ra.ovad .
.. vlth aavaral alp contractors . S varal
.. atlna. a110ng the ·~••tiona being tha
Th sign con ·
square around th
rom the City tt.rt ·
Th 11
that
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D . POLICIES FOR USE OF THE PLAZA AT LITTLE DRY CREEK
Mr. Volkeaa atatad that he had requeated the opportunity to review the poli -
ciea for use of The Plaza and other public areaa for inforaational purposes
only . Thia will not require any action on the part of the Ca..iaaion .
Kr. Fiah addreaaad the hwue of clean-up after an event, and atated that he
would rather ••• City personnel .. de raaponaible to aaaure the aaintenance and
non-ct...&• of The Plaza area . He alao felt the 24 hour ti.-period vaa too
lons, in that ao.e bevaras•• or food products that .. y be apilled or dropped
on the atonavork .. y atain if not r..,vad for 24 houra . Dhcuaaion enaued .
It vaa aussaatad that the tt.e al ... nt for clean-up •i&ht be ahortenad to 12
houre . Kr. Wanuah stated that he would dhcuaa the i .. ua of City aaployeea
aaauain& raaponaibility for clean-up after apecial aventa with the Public
Worka Director . Kr. Wanuah Uiphaahad that there .. y be peraonnel ahorta& ..
and/or bud&atary probla .. that have to be taken into conaidaration .
Iaauaa rasardin& inauranca, tha perait faaa for uaa of The Plaza and for van-
dora licanaaa , and aacurity vera all conaiderad by the Coaaiaaion .
IV . PUILIC I'OaUII .
No one vaa in attendance to addraaa the Coaaiaaion .
V. DiliCTOa'S CBOICI .
Kr . Wanuah atatad that the Cl ry Council dhcuaaad the laaua of traah collac -
tion at their atudy aaaaion on April 17 . It h the dataraination of City
Council at thla tt.e to hold off on aut.lttina an IFP for traah pick-up aar -
vlcaa to dataralna the proaraaa _. with the raoraanlaed Coda lnforc ... nt
proar-. Thla proar-will be ra ·avaluated at the and of a..-r .
Kr . Wanuah atatad that he wanted to dlacuaa the laaua of ac-lc da~lo,_n
vltb the CO..laalon at the neat .. atina . In conaldarlna the ravlalon of the
<:o.prahenaive Plan, it vaa O.taralned that the ~ina a tion needed to be
ravlaad and upd&tad, and that an !co-le Da~lop~~~tnt aactlon ahould alao be
included
Kra . Backer ata
Dav lo,..nt will l8pac
eltlzana ahould contact t
n .
euu lo the ~rnor'a
11 coa.unitlaa , and au
lalatora .
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Kra . Tobin atated that ahe haa received calla expreaaing concern on the loss of buaineaa e a in Cinderella City .
The .. eting vaa declared adjourned at 8 :40 P .M.
Gertrude G . Velty
lecordlna Secretary
CKlDWa II).
S!JUES c. 1989--
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AN CKlDW«:E NeK>D«< Tl'1tZ 5, CIU"mR 7, Sl'rl'I<H; 5 Aim 10, DG.lXXl>
tllaCIPAL CXD!: 1985, R!GMDD«< I.lCIHSD«; C. El:a:'DUCAL ~.
~. the Cl ... ! Cant:rctor•a L1cenae IFPlication wa c:aitted fraa
CkdiNnce 17, Seri .. of 1986, ~inl) the lkdlcting and satety Codes; and
~, the State of Ollo~ hu -lided the SUte Statutes reqarding
the pt".:tice of electricians, ~paCifically 12-2l-W(l5) C.R.s., to provide
that the licansinl) of electricians ia of Ratevide ocncern; and
~. -lided Section 12-23-111(15) C.R.s. Alec pt"OVidea that ro fee
IU)' be ct\arcJid by • local ~ for the x.qiat.ration of electricians;
tOt, 'l1tUtU<iC!, • IT CRlo\IMID n 'l'tB ern <XJ.IICIL at 'l'H! ern at
P.KJ:.!lii'XI). ~. '1111LT:
9ection 1. Title 5, Owlpter 7, Section 5, ~ A, DlgltMlOCS JlbUciP&l CCdi! 1985, ia henby -idid to 1-..d u follc:ae:
5-7-5:
A.
9 (f)
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Sectia\ 2. Title 5, Ouipt:.er 7, Sectia\ 10, SUbeection B, Englewood
MJni.ciP&l 60ai! 1985, is hereby -id&d to l'eld u follows:
5-7-10:
........ .,.
50.00
75.00
*Pur:wuMt: to c.a.s. 12-23-lll, no n~Jiatratia\ tee au be~
of • &lctrical Cblti:astoc ex IIMter ~ tiho 1a PEq~erly
lU...CS ex R~Ji--.s with tJw ~ State Elctrical Bclud.
Introllaced, rWid 1n full, Md PM8ed on fint rWiding on t!w 17th day of .~pdl, 1989.
Publi.-.s • • Bill foe M Ckd1nlnce en t!w 20th day of ~ldl, 1989.
RMd by title ..S ~en final rWidfn9 en t!w 1at dlly of .-y, l.H9.
P\blfah.d by title • Clrc!iNnce No. _, a.rt. f1 1989, en t!w 4th day of *Y. 1989.
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C 0 U B C I L C 0 M M U B I C A T I 0 B
DAT!
Kay 1, 1989
INITIATED IY
STAR SOURCE
PUVIOUI COUICIL ACTIOII
None
ACTION ROPOSID
Fin&nce
SUBJECT Colorado Local Government
Liquid Aaaet Trust
(COLOTRUST) A&reeiHnt
Karsaret Freeaan, Director of Finance
Approve a reaolutlon authorlzina the City to participate in Colorado Local Cov rn •
.. nt Liquid Aaaet Tru.t (COLOTRUST) for lnveat.ant purpoaea .
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The City's investment portfolio at 4-15-89 vas $24,807 ,72 1 . Investments were com-
prised of 61' Treasury notes, 17' repurchase agreement, 16' U.S . Agency securities
and 7' in Certificates of Deposits. All invest.ents are fully secured and properly
collateralized . Funds in the City's operating checking account also earn interest .
For year-ending 12-31-88, the City earned $1,807,012 in interest earnings which rep -
resents an average annual yield of 7.34,. The 1988 average yield for a three month U.S . Treasury bill vas 6 .87•.
The City's participation in COLOTRUST will be the first atap in a ~re aggressive
invest.ent proar .. for the City . The reason for participation is to provide a means
for higher yield short tar. inveat.ent {10 to 15 days) of f~ available between
the bi-weekly payroll periods and bi-~nthly accounts payable paywen ta . Those funds
currently earn interest, but COLOTRUST would afford the City an option or opportuni-ty for possibly a higher yield .
PIIWICIAL
There would be no coats or fUndina required for participation in COLOTRUST . There
is no invest.ent •int.u. required and no sales cbaraea . Inveat.ent and withdrawal are at net asset value .
U~TIOII
The lnveat.enu utilized by COLOTRUST are in COIIpliance with ln&levood Kuniclpal
code and ... t our current investment policy . Partlclpatlon by tba City would only
allow ua the option to uttUae the truat . The tunes. have a hi&h dear • of Uquldity
and would be available to the City as needed . In order to enhance the City's ln-
v .. t.en proar ... l would reca..and the City Council approve the resolution au -thorlaina the City to Join COLOTRusT .
I .
RESOLUTION NO. ~
SERIES OF 1989
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A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO JOIN
OTHER LOCAL ENTITIES AS A PARTICIPANT IN THE COLORADO LOCAL
GOVERNMENT LIQUID ASSET TRUST (COLOTRUST) IN ORDER TO POOL FUNDS
FOR INVEST!-IENT.
WHEREAS, pursuant to Part 7 of Article 75 of Title 24 of
the Colorado Revised Statutes, it is lawful for any county, city
and county, city, town, school district, or special district (a
Local Government Entity) to pool any moneys in ita treasury,
which are not immediately required to be disbursed, with the same
such moneys in the treasury of any other Local Government Entity
in order to take advantage of short-term investments and maximize
net interest earnings; and
WHEREAS, COLOTRUST is a common law tru st formed under the
laws of the State of Colorado in accordance with the provisions
of Pftrt 6 and Part 7 of Article 75 of Title 24 and Articles 10.5
and 47 of Title 11 of the Colorado Revised Statutes regarding the
investing, pooling for invest nt and protection of public funds;
and
WHEREAS, the City o f Englewood, Colorado, desires to
participate in COLOTRUST and therefore, by a majority vote of its
governing body, has passed the following resolution;
NOW, TRER PO E, BE IT R SOLVED BY TR! CITY CO CIL OP THE
CITY OP IG rwooo, COLOR , AS FOLLOWS:
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Section 3. The COLOTRUST Investment Prograa contains two
investment portfolios: COLOTRUST A compriaed of u.s. Treaaury
securitiea and COLOTRUST B compriaed of all inveatmenta permitted
by law and authorized by the COLOTRUST Board of Truateea. The
•Treaaurer• deaignated in Section 2 above ia hereby authorized to
inveat in COLOTRUST A and COLOTRUST B.
Section 4. The Secretary of COLOTRUST ia hereby deaignated
aa the official cuatodian of auch fund• a• are depoaited in
COLOTRUST by the City of Englewood during •uch ti .. or ti .. a aa
fund• aay be on depoait with COLOfaUBT.
ADOPTED AND APPROVED thi• lat day of May, 1989.
Atte•t: Suaan Van Dyke, Mayor
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado, do hereby certify that the above and foregoing ia a
true and ca.plete copy of aeaolution Ro. _____ , Seriea of 1919.
Patricia H. Crow
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COLO
TRUST
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MDD AICW JAMJAIIY I, -
M•-...D OCICW U. _,
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RIICITALS
Section 1. 1.
Section 1. 2.
Section 1. 3.
Section 1. 4.
Section 1. 5.
Section 2. 1.
Section 2. 2.
Section 2. 3.
Section 2. 4.
Section 2. 5.
Section 2 . 6.
Section 2. 7.
lectioa 3 . 1.
Section 3 . 2 .
lectlon 3 . 3 .
Section 3 . 4 .
lectlon 3 . 5 .
4 . , •
•• 2 .
on 4 . 3 .
too 4. 4 .
4 . 5.
4 .6 .
4 .7 .
4 .1 .
4 ••
4.1 0 .
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TABLE OF CONTENTS
ARTICLE I
'l'he 'l"r ll8t
.... • • • • • • • • • • • • • • • • • • • • • • • • • • • . • . • • . • • • .. 3
Purpo•eJ Participant .. quir-enteJ and
Olange• of Inc mlbency . . • • • . . . . . . . . . . . . . . . . 3
Location . . • • . • • . . . . • • • • . . . . . . . . . . . . . . . . . . . 4
..ture and Indenture of t"ru•t . . . . . . . . . . . . . 4
Definition• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLB II
'!be Supenhorx 8Dard
...llber• .................................. .
General Po"r• ••..•....•..................
In•e•taent Policy ........................ .
llection of 8Dard of t"ru•tee• .....•.......
IUaber of IDard of !Tu.tee• ........•......
Appointaent of t"ru•tee .•..••...........•.•
Annual leport and it• latiflcation .......•
All"fiCLB I II
'ftae !Tutee
• • • • • • •
Appo intaent . • . . . . • • . . . • • . • . . . . . . • . . • • . • . . • 1 0
General Po .. r• . • • • • • . • • • • . • • . • . . . . . . . . • • • . t 0
Aftnlllll .. port • • • • • • • • • • • • • • • . • • . • • • • • • • • • • 10
LIIIJal ft tle • • . . • • • • . . • . • • .. • • . • . . . . . • • • • • • • 1 o
..ecutlon of Docua te •••••...•.••.•.•.••• 10
AR'I'ICLB IV
Po n of the loar-t of !Tu.teee
. ........................ " ............... .
• • • • • • • • •,. • • • • • .. • • • ., ,. • a • • • • • W • • • . ..................... .
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12
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TABLE OF CONTENTS -Continued
section 4. 11.
Section 4. 12.
section 4. 13.
Section 4. 14.
Section 4. 15.
Section 4. 16.
Section 4. 17.
Section 4. 11.
Section 4. 19.
Concernift9 the Trust and Affiliates ...... .
Investment Proyram ....................... .
Power to Contract, Appoint, Retain,
and IDDploy ............................... .
Insurance .........................•.......
Seal .•..............•.....................
Ind•nification ...•.••..•....•.....•......
Re•ed ies .................................•
Inforaation Stat•ent ...........•....•....
Purther Powers ....•..•..•...•..•..........
ARTICLI V
15
15
16
16
16
16
16
The lnvestaent Advisor and the Ad•inistrative Advisor
Section 5. 1.
Section 5. 2.
Section 5. 3.
Section 5 . 4 .
lection 6. 1.
Section 6 .2 .
Section 6 . l .
ction 7. 1.
tlon 7. 2.
1on 7 .l .
ct o n 7 . 4 .
on 7 .$.
c on 7 . •
on 7 . 7 .
Of\ 7 . •
Appoint.ent . . . . . • . . . . . . • . • . • . . . . . . . . . . . . • • 17
Duties of the Invest.ent Advi.or •......••• 17
Duties of the Ad•inistrative Advi.or .....• 11
Succes.or s • . • . • • . • . . . . . . . • • • . • . . . . • . . . . . . . 18
ARTICLI VI
Invesments
Stat .. ent of Inves~nt Policy and
Objective . . • . . . • • • • • • • . . . • . . . . . . • . • . . . • . . . 19
Rllatrictlona Pund .. ental to the '1\>~aat • . . . • 19
~end ent of Restrictions •.•..••.•.•..•••. 20
ARTlCLa Vl I
Li · ltatiou of L1 bUitY
c:. • • "* • • • • • • ........ . ........................
• • .. • .. ~ ..................... 11 ........... . . . . . .. . . . . . . . . . . . ,. ... .
OC' " .............. .
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21
22
2 n
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TABLE OF CONTENTS -Continued
Section 8. 4.
Section a. 5.
Section 8. 6.
Section 8. 7.
Section I. 8.
llection 9. 1.
8ectlon 9.2.
llection 9.3.
8ectlon 9.4.
llectlon 9. 5.
8ectlon 9. I.
lectlon 10. 1 .
lec:tioo 1 o. 2.
lectlon 10.3.
Beet ion 10.4
10. 5 .
10.1 .
10 .7 .
tO •••
00 1 o. 9 .
on 10. 10.
on 10. I 1.
Red .. ption to llaintain Oc>natant Net
Aaaet Value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Red .. ptiona . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Suapel'laion of .. d•ption, Poatpon•ent
of Pa }aent • • • • • • • • • . • • • • • • • • • • • • • . • • • • • • • • 26
IUnt..• .. d•ptlon . . . . . . . . . . . • . . . . . . . . • . . . 27
Defective a.d•ption .. queata • . . . . . . . . . . . . 27
All'l'ICL8 IX
-.cord of 8harea
Share -.g later • . . . • . . . . . . . . . . . . . . . . . . . . . . . 28
.. giatrar • . • . . • . . . . . . . • . . . • • • . . . • . . . . . . . . . 28
o.aer of -.cord . • • . . . • . . . . . • . . . • . . . . . . . . . . 28
ID !Tanafera of lharea ..........•......... 28
Liaitation of .. aponaibility .•..•..•...... 29
lloticea . . . • • • • . . • • . . . . • . . • . . . . . • . • • . . . • . . • 29
U'I'ICL8 X
.. rtlciP'nta
.. erci .. of .. rticipanta• Rigbta .....•.•.. 30
Voting . . . • . • • • • • . • . . . . . . • . • . • . • . . . . . . . . • . . lO Ann~~al Vote of the lupe" bory loard . . . . . . JO
titht to Initiate a Vote of the
,.rticipanta . • • • . . . • . • . • . . . . . . • . . . . • • • . • . • JO
lnapectlon of lalcorda . . . . . . • . • • • . . . . . • . . . . JO
llaetift9a of the lupe"leory loard ••.....•. ll
tice of tinga . • • • . • • . • • • • . • . • • • . . • . . . ll
Proalea •••..••.•..•...•••.•....•••••••.... 31
rd Date for tinge and Vot • ••.••••• 31
ber of Yo tea • . . • . . • • • . • • • • . • • • . • . . . • • • . 32
porta • • • • • • • • . . • • • • • • . • • . • • • • . • • . . . . • • . . 32
AllTIC LI U
..........
• • • • • • • • • • • • • • • • • • • • t • • • .. • • • • • • •• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TABLE OF CONTENTS -Continued
ARTICLE XII
Deter~ination of Net Asset Value and
Net Incame1 Distributions to Participants
Section 1 2. 1. Net Asset Value . . . . . • . . . . • . . . . . . . . . . . . . . . . 3 8
Section 12.2. Constant Net Asset Value, Reduction of
Allocated Shares . . . . . . . . . . . . . . . . . . . . . . . . . • 311
Section 12.3. Suppl .. entary Distributions to
Participants • . • . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Section 12. 4. Retained Reserves • . . . • . . . . • . . • . . . . . . . . . . . . 39
Section 13. 1.
Section 13. 2.
Section 13.3.
Section 13. 4.
Section 1 4 . 1 •
.. c tion 15 . 1 .
Section 15 . 2 .
.. ction 15.3 .
AR'I'ICLI XII
Custodian
Duties .................•..................
Appointllent ••.•...•.....•..•.••....••..•••
Sub-Cuatod ian a •..••..••.•••.••.....••..•.•
Succeaaora ••.••...•..••..••..•..•.....••.•
AR'I'I CLI XIV
a.cordil!!l of Indenture of ~uat
. .................................. .
AR'I'ICta XV
Allendllent or 'l'el'llination of ~ uat'
Duration of ~ ut
Aaendeent o r 'l'er•i nation ...•..•...•••••••.
Powr to at feet -.o rtan i aat i on ••...•••.•••
Dur a tion ••....•.•••••••••••...•...•...••••
AR'I'IC LI WI
II i acell aneou
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THIS FIRST AMENDED INDBNTURB OF TRUST, dated as of
, 1987, adopted by the Board of Trustees of
the COlorado toCal Government Liquid Asset Trust.
W I T M I S S B T 81
WBIRIAS, au Indenture of Trust exists, dated as of
Janury 1, 1915, by and between A1•eda water and Sanitation Dis-
trict, the City of Lafayette, the City of Lakewood, Baton School
District, Montrose .. creation District, Peyton School District,
and upper Iagle Valley Consolidated Sanitation District, each of
which ia either a city, a county, a city and a county, a town, a
school district or a special district, or other political aubdi-
Yiaion of the state, or depart.ent, agency, or inatru.entality
thereof, or any political or public corporation of the state, and
each of tlbich h a public body r.litic, dilly organi .. d and exist-
ing uncler the Conatitution and awa of the State of Colorado,
hereinafter referred to as the •Initial Participants• and the
•Initial IDard of Trust••••• and
.... IU, that Indenture of Trust waa adopted pursuant to the
pra.iaiona of ,.rt 7 of Article 75 of 'l'ltle 24, Colorado ... iaed
ltatatea ( •act .. rt 7•), tlbereby anr county, city and county,
city, to.a, school district or spec al district, or other politi-
cal aubdiYiaion of the state, or anr departaent, agency, or
inetraaentality thereof, or .ay pol tical or ~lie corporation
of tbe state (a •Local Go•ernaent 8htlty-or 8htitiea•) are
autborlMCI to pool any aoneya in the treasury of such Local
Go•er••t attlty, tlbich are DOt t..ediately required to be dis-a.. ... , witla the a-. such tMneya in the treasury of any other
Local Go•ernaeet 8htlty in order to tab adYant .. e of ahort-tera
i• .. tiMata and ... 1a1 ae net interest earninta' and
._IAI, it h the inteat and purpoH of thh Pi rat ~ended
IMeatue of ftaat purauaat to Act ,.rt 7 to ilweat the pooled
f•d• in only thoH 1-.a1 imr .. taenta for to•er•ental anita aa
pr09icled ~ Part ' of Article 75 of 'l'ltle 24, Colorado ..,iaed
ltatutea ( Act ,.rt ,., , and tbat such pooled funds vill be
iaweated and protected in accordance with Articles 10 .5 and n
of Title 11, Ooloredo •iaed atutea (t •fubll c Dtpoait
rro ion a• ) ' and
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Participants by adopting this First Amended Indenture of Trust
and thus becoaing a party hereto, and
WBBRBAS, the Board of Trustees has in good faith deter.ined
that this .. endaent to the Indenture of ~ust is necessary to
confona the Indenture of Trust to the requir .. ents of Act Part 7
and detenained that this Pint Allended Indenture of ~ust does
not change any rights with respect to any allocated Shares of the
~uat by reducing the .. ount payable thereon upon liquidation of
the !Tuat nor woUld diainiah or eliainate any Yoting righta of
the Participanta, nor .ould cauae any inveat.ent restriction to
be leaa reatrictiYe, nor change the li•itationa on peraonal lia-
bility of the Participant• and •-ben of the Board of ~uateea,
nor change the prohibition of aaaea .. enta upon ParticipantaJ
•'*• 'I'II•R8POU, in conaideration of the IIUtual prc:aia .. ,
cowenanta and agr.-enta contained herein, the partie• hereto,
now and hereafter elided purauant to the pcG~r iaiona herein, •utu-
ally undertake, praaiae and agree for t~aelw .. , their reapec-
tiwe repc .. entatiw .. , aucceaaora and aaaigna that all •one,.,
aa.eta, aecaritiea, funda and property now or hereafter acquired
by the !Tuat .. , ita aucceaaora and aaaigna under thia Indenture
of !Tuat, ahall be held and •anaged in truat for the equal and
proportionate benefit of the holden of record fraa tiae to tiae
of ahar .. of beneficial inter .. ta herein, witboat priwilage,
priority or diatlnction ~D9 each boldera, and aubject to tbe
te~a, co•eD&Dta, conditiooa, purpoMa and prowialooa hereof aa
follow a
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ARTICLE I
The Trust
1.1. ~-
a. The name of the co.aon law trust created by this
Indenture of Trust shall be •colorado Local Government Liquid
Asset Trust• (the •Trust• or •coLOTRUST•) and, so far as may be
practicable, the Trustee and the Board of Trustees shall conduct
the Trust's activities, eaecute all docu.ents and sue or be sued
under that n .. e. Should the Board of Trustees determine that the
use of such n .. e is not practicable, legal or convenient, the
Board aay use such other designation or they aay adopt such other
n .. e for the Trust as they de .. proper, and the Trust -Y hold
property and conduct ita activities under such designation or
n•e. ~e Board of Trustees shall take such action as they,
acting with the advice of counsel, shall de .. necessary or
appcopriate to file or register such n .. e in accordance with the
law of the State of Colorado or the Dnited States of llllerica so
as to protect and reserve the right of the 'l'l"uat in and to such n .. e.
1.2. Purpose' Participant Reguir .. entsJ and Changes of Inc...,.ng .
a. The purpose of the Trust a to provide a local
governaent surplus funds trust fund pursuant to the Act Part 7
thro1111h ..tlich a Local Gowerm~ent lntlty -y pool any aoneya in
ita treasury wh ch are not i .. ediately required to be disbursed,
with the ••• such aoner. in th reaaury of any other Local
Governa nt lint y n or r to ta advantege of short-tera
inveataen a and aaiaia ne ntereat earnings in accordan wl h
the prov is on a of th At:: Par 6 and th Public O.poa t
Protection Ac of t97S or o her laws of t ate of COlor o,
froe tla to t tt c , 9overning t nveata n of n ya
n the r Loc 1 Go9erna n In y.
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c. Each Local Government Entity adopting and executing
this Indenture of Trust and otherwise complying with the provi-
sions of section 16.6 hereof shall become a Participant only
upon depositing into the Trust the minimum total investment as
that amount is set from time to time, by the Board of Trustees.
Initially and until changed by affirmative action of the Board of
Trustees, the minimum total investment shall be $1.00 for each
account. Mhenever the balance in a Participant's account is less
than the minimum established by the Board of Trustees, the Board
of Trustees aay redeem the shares and close the account, provided
that thirty days' prior notice is given to such Participant. If
the Board of Trustees change the minimum total invest.ent to an
amount greater than the investment of any Participant at the time
that such change beca.es effective, the investment of such Par-
ticipant shall not be redeemed without such Participant's
consent.
d. In the event that a Treasurer shall die, resign, or
be r .. oved from his office or his office shall otherwise became
vacant, any Treasurer assuming that office shall be the
succeeding legal representative of the Local Government lntity by
filing written notification of such with the Board of Trustees.
1.3. Location. The Trust shall maintain an office of
record in the state of Colorado and may aaintaln such other
offices or places of business as the Board of Trusteea aay from
time to time determine. The initial office of record of the
Trust shall ber COLOftUST, 1125 &event .. nth &treK, Suite 1700,
DenYer, Colorado 10202 . The off lee of record aay be changed from
tiae to tiae by resolution of the .,ard of Trustees, and notice
of such change of th offic of record shall be given to each
Participant .
1. •• of 'l'rust.
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1.5. Definitions. As used in this Indenture of Trust, the
following terms shall have the following meanings unless the
context hereof otherwise requires:
•Act Part 6• shall mean Part 6, Article 75 of Title 24 of
the Colorado Revised Statutes as heretofore amended, and as the
s .. e may be •ended from time to time.
•Act Part 7• shall mean Part 7, Article 75 of Title 24 of
the Colorado Revised Statutes as heretofore amended, and as the
s .. e aay be aaended fro. tiae to time.
·~inistrative Advisor• shall •ean any person or persons
appointed, .. ployed or contracted with by the Board of Trustees
on behalf of the Trust under the applicable provisions of Sec-
tion 5 .1 hereof.
•Ad•inistrative Agre .. ent• shall aean the agre .. ent between
the Board of Trustees on behalf of the Trust and their Adllinis-
trati•e Ad•isor referred to in Section 5.3 hereof as the saae may
be .. ended fro. tilDe to tilDe.
•Ad•inistrator• shall •ean the Board of Trustees when acting
in its administrative capacity or as investment officer of the
Trust, and in which capacity shall be referred to as the Board of
Trustees.
•Affiliate• shall •ean, with respect to any person, another
pereon directly or ind .irectly controlled, controlled by or under
COIDIDOn control with such person, or any officer, director,
partner or .. ployee of such person.
•aoard of Trustees• shall ••an th Board elected by the
~pervlsory Board and shall be the ~inlstrator and Investment
Officer of th Trust ( n which capacity shall be referred to as
he •aoarct ot Trustees•) and shall be appointed the Trust of
th Trus (in e h e paclty shall b referred to as the •Trus-
• or .,., ard of Trustees, as Trustee•).
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•Indenture of Trust• shall mean this First Amended Indenture
of Trust as amended, restated, or modified from time to time.
References in the Indenture of Trust to •Indenture,• •hereof,•
•herein,• •hereby,• and •hereunder• sh~ll be deened to refer to
the First Amended Indenture of Trust and shall not be li~ited to
the particular text, article or section in which such words
appear unless otherwise stated.
•Infor•ation Statement• shall mean the information statement
or other descriptive doc:•ent or doc:~~aents adopted as such by the
Board of Trustees and distributed by the Trust to Participants
and potential Participants of the Trust as the s .. e .. y be
.. ended by the Board of Trustees from tiae to time.
•Inveataent Advisor• shall aean any person or persona
appointed, .. ployed, or contracted with by the Board of Trustees
on behalf of the Trust under the applicable provisions of Sec-
tion 5.1 hereof.
•Inveataent Advisory Agre .. ent• shall aean the agreeaent
between the Board of Trustees on behalf of the Trust and their
Inveataent Advisor referred to in Section 5.2 hereof as the ....
aay be .. ended fr011 tiae to tiae.
•Local Gover,.ent lntity-or •Local Goverr.ent lntitiea•
shall aean any county, city and county, city, town, ec:hool
district, special district, or other political subdivision of the
State of COloredo, or any depart.ent, agency, or instr•entality
thereof, or any political or public corporation of the State of
COlor..So.
•participants• shall ... n the Local Qovernaent lntltles
which are the Participants as of the date this rlrat a-ended
Indenture is adopted and th Local Governaent lntities which
adopt and eaec:ute this Pirat Aaended Indenture of Trust purau.nt
to Section 16 .6 hereof, and ~lch have eoaplled with Section 1.2
hereof .
•perwltted tnveataenta• atulll • an th investaenta referred
o in paragraph (b) of ct on •.2 hereof .
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•Share• shall ~ean the unit used to deno~inate and measure
the respective~~ beneficial interests of the Participants
in the Trust Property as described in Article VIII.
•Share Register• shall aean the reqister of Shares
.. intained pursuant to Article IX hereof.
•supervisory Board• shall mean the group of Treasurers
of each Participant, vested with the authority to supervise the
Trust, elect the Board of Trustees, appoint the Trustee, and
review and approval or disapproval of the Annual Report, all as
aore fully described herein.
•Treasurer• shall aean the treasurer, chief financial
officer, or other local official who is properly authorised to
inv .. t their respective Local Governaent lntity's funds .
•Trust• shall •ean the coaaon law trust created by this
Indenture of Trust.
•Trust tToperty• shall aean, as of any particular tiae, any
and all property, real, per.anal or otherwiM, tangible or
intangible, Which is transferred, conveyed or paid to the Trust
or Trustee and all incaae, profits and gains therefroa and which,
at such tlae, is owed or held by, or for the account of, the
Trust or the Tr us tea .
•Tr•tee• sball ... n tbe Board of Tr~otatees which is
appoiated to be tbe fid~otCiary of the Truat p...n•nt to
Article Ill hereof .
-vote of the Slapeni.ary Board• aball a.an the vote by
written ballot slolbaltted to the perwiaory Board at least
20 d&p in advance of the date of •or vote by the lupen iaory
loard. lallot q~otesti.ona .. , be aW. ttad by the loard of Trua•
t ... in a fora ao that the failure to ret~otrn the ballot ahall
cooatltute a vote t o approwe the q~oteatioo sutal t..S . !be ballots
shall be d ed t o hav been rece i ved by e h .. r ticl pan five
daye froa th date o f • 1 ft9 .
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ARTICLE II
The Supervisory Board
2. 1. Members. The •etab@rs of the Supervisory Board shall
be the Treasurer of each Participant.
2.2. General Powers. Subject to the rights of the
Participants as provided herein, t~e Supervisory Board shall have
full, exclusive and absolute power of supervision over the ~ust
and the affairs of the ~ust. Por purposes of this Indenture of ~ust, supervision shall aean the establis~ent of the invest-
•ent policy of the Trust as set forth in this Indentut·e of Trust,
the election and •atters related thereto of the loard of ~us
tees, the appoin~'ent of the Trust@@, and the review of the
annual report of the Trust submitted by the ~ustee as being in
coapliance with the established investment policy of the ~uat
and to approve or d iaapprove all or any part of the annual report by a Vote of the Supervisory Board.
2 .3. Investment Policy . It shall be the general invest.ent
pol cy and objective or thi ~ust to provide to the Participants
of the Trust high 1nvestaent y1elds, while •aintaining liquidity
and preserv ng capital by investing in investments peraitted by
th provisions of Act P rt 6, Act Part 7, and th Public O.poait
Protection Acta and any oth r applicable statutes or nvea~ents
h r after peraltted by reason of the .. endaent or adoption of
any oth r appl cabl atatut as a part of the Colorado -.vised s a u ••
Superv iaory IDard
a as prov cled for
ory loard
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portion of the annual report, shall oe :nailed by first -class nail
to each member within sixty-five (65 ) days after the end of t h
fiscal year. For purposes of this prov ision, the annual rep ~r ~
and the ballot shall be deemed to have been receiv ed 5 days fro~
the date of mailing. Within fifteen (15 ) days from the Partici-
pants' receipt of the annual report, each Treasurer may submit
to the Trustee his vote on the annual report, together with any
comments and objections to the Annual Report with regard to the
co.pliance of the invest~ents with the inves~~ent policy as
established by the Supervisory Board. The Supervisory Board
shall have ratified that portion of the annual report showing
that invest.ents made by the Trust have been and are in compli-
ance with said investment policy unless a majority of the Super-
viaory Board shall have disapproved all or any portion of said
report .
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ARTICLF: III
The Trustee
3. 1. ~pointment. The Board of Trustees shall he the
Trustee of ~e Trust and in this fiduciary capacity shall be
referred to as the •aoard of Trustees as Trustee• or the
•Trustee. •
3.2. General Powers. The Trustee acting as fiduciary and
the Board of Tiustees acting as the ~inistrator shall take
whatever actions are necessary to deter~ine that the actions of
the Board of Trustees as the invest.ent officer are in c~apliance
and consistent with the ter•s and conditions of this Indenture of
Trust and the invest.ent policy established by the Supervisory
Board.
3.3. Annual Report. The Trustee shall sub•it by •ail to
each •e.ber of the Supervisory Board a copy of the Annual Report,
together with a ballot authorizing a Vote of the Supervisory
Board approving or disapproving all or a part of said report .
Copies shall be mailed, first-class, postage prepaid, within
sixty-five (65) days fr~ the end of the fiscal year of the Trust
to each •e.ber of the Supervisory Board. Upon receipt of any
Treas ~rer's co.Nents or objections to the Annual Report with
regard to c~pliance with the invest.ent policy established by
the Supervisory Board, the Trustee shall aake a deten.ination
of c~pliance and shall respond to each Treasurer's ca..ent or
objection.
3.•. Legal Title. Title to all of the Trust Property sh&ll
be vested 1n the fiustee on ~half of the Participants who shall
be the beneficial o~ers and ~ held by and transferred to the
Trustee. The Trustee shall have full and c~plete po~r to cause
legal title to any Trust property to be held, on ~half of the
Participants, by or in the n.. of th Trust, or n th n ... of
any oth r Person as na.1n , on such t r s, in such ••nner, nd
w th such po rs as he Trustee uy de ra ne, so loft9 as in i s
judq n th 1n er s of th TTus is ad quately pro cted.
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ARTICLE IV
Po~rs of the Board of Trustees
4.1. General. Subject to the rights of the Participants as
provided here1n, the Board of Trustees shall have, without other
or further authorization, power to administer the Trust and the
affairs of the Trust and shall be the investment officer of the
Trust and with such powers of delegation as •ay be permitted by
this Indenture of Trust. The Board of Trustees may do and per-
for• such acts and things as in their sole judgment and discre-
tion are necessary and proper for the administration of the
Trust, the invest.ent of the Trust Property, but shall invest
with that degree of judgment and care, under circu.stances then
prevailing, which persons of prudence, discretion, and intelli-
gence exercise in the management of their own affairs, not for
speculation, but for invest.ent , considering the probable safety
of their capital and need for liquidity, as well as the probable
inca.e to be derived, or pra.oting the interests of the Trust and the Participants .
4 .2 . Pen.itted Inves~ents .
have full and ca.plete power
Off cer and Trustee, subject
VI hereof:
a . to conduct, o
prOCJrM for the pooling of
lt1 to take advant e
Lnterest earnings; and
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'ft\ 8oard of Trustee shall
lnlstratlve and Invest.ent
a to Ar icles II and
taent
r-n
s nd ui a
proper and
n, assign,
or spose
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the Federal Savings and Loan Insurance Corporation ; or
if not so insured, such deposit :nay only be made in an
Eligible Public Depository and properly collateralized
in accordance with the Colorado Public Deposit
Protection Acts;
(iii) Notes or oonds sec~rej by ~ort~age
or trust deed insured pursuant to Title II of the
•National Rousing Act,• obligations of n3tional mort-
gage associations or similar credit institutions orga-
nized under Title III of the •National lfousing Act,•
and debentures issued by the Federal Housing Adminis-
tration under Section 20 4 -A of the •National Rousing
Act;•
( iv l Repurchase agreement of any of the
marketable securities is defined herein as Per•itted
Investments where the market value of such security is
at all times at least equal to the moneys involved,
and there is assig~ent of such security pursuant to
current depository regulations . For purposes provided
herein, repurchase agreement means a simultan ous agree-
ment to sell a security and to repurchase it at a later
date;
(v) Any other investment inst ru.ents now
per•itted by the provisions of Act Part 6, Act Part 7,
and the Public Depos1t Protection Act• or any other
applicable statutes or hereafter per.itted by reason
of th -.en~ent or the adopt1on of any other appli-
cable statut aa a part of th Colorado v sed Statut s.
c. to contract for, and ent r into agre
respect to, th purch se and sal of Per• ed Inv h
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or to officers, employees or agents of the Trust (includln~.
without limitation, the Administrative Advisor, the Investm e nt
Advisor, and the Custodian) the doing of such acts and thin~s an
the execution of such instruments either in the name of the Bodr~
of Trustees or as their attorney or attorneys, or otherwise, as
the Board of Trustees may from time to time deem expedient and
appropriate in the furtherance of the business affairs and purposes of the Trust.
4.5 . Collection. The Hoard of Trustees shall have full and
co.plete power: (i) to collect, sue for, receive and receipt for
all su.s of money or other property due to the Trust; (ii) to
consent to extensions of the tL.e for payment, or to the renewal
of any securities, investments or obligations; (iii) to engage or
intervene in, prosecute, defend, co.proaise, abandon or adjust by
arbitration or otherwise any actions, suits, proceedings, dis-
putes, clai•s, d .. ands or things relating to the Trust Property;
(iv) to foreclose any collateral, security or instrument securing
any invest.ents, notes, b1lls, bonds, obligations or contracts by
virtue of which any sums of money are owed to the Trust; (v) to
eaerciae any power of sal held by the•, and to convey good title
thereunder fre of any nd all trusts, and in connection wi h any
such foreclosure or sale, to purchase or otherwise acquire title
to any property, (vi) to b parties to reorganizat1on and o
transfer to and depos1t w1th any corporation, co .. ittee, vot1n9
trustee or other person any secur ties, invest.ents or obliga-
t ons of any person wtu ch for• a part of the Trust Property, for
the purpo .. of such reorganL&ation or oth rw se; (v11) to par-
ticipate 1n any arr ng for enforc ~ or prot ct ng th
ntereata of the Tru.t s h owner or holder of such a curi-
tlea, invest. nta, o r obl19 1ona , nd to pay y
1 v ed 1n conn ct on w n auch r organi& t on or rr
Cv 11) to a nd h • Cw1 th or wlthou t • ur ty )
or d 1 ry of ny b s u r ro r y and
nto r • r nd o h r Lna r ntaJ
or y ny e v d nc 0
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4 . 7_ Borrowing and l"ldebtedness. Th"-r!oard of TrusteP.'i
shall not have the power to borrow money or incu r indebtedness
on behalf of the Trust, or authoriz~ the Tr~st to borrow money
or incur indebtedness except as authorized in Section 6 .2 (iii)_
4 _ 8. Deposits_ The aoar ·i of Trustees shall have full and
complete power to deposit, in such mann e r dS may now and here-
after be permitted by law , any moneys or funds included in the
Trust Property, and intended to be used for the pa~ent of
expenses of the Trust, the Board of Trustees or the Trustee, with
one or more banks, trust co~panies or other banking institutions
whether or not such deposits will draw 1nterest. Such deposits
are to be subject to withdrawal in such manner as the Board of
Trustees may determine, and the Board of Trustees shall have no
responsibility for any loss wh ich may occur by reason of the
failure of the bank, trust company or other banking institution
with which the moneys, investments, or securities have been
deposited. During the ter1n of any such deposit, each such bank,
trust company or other banking institution shall comply , with
respect to such deposit , with all applicable requirements of all
applicable laws i ncluding, but not limited to the Publi c Deposit
Protection Act of 1975 .
4 .9. Valua ion. The Board of Trus ees shall have full and
co.plete po r o deter ine in good faith conclusively the value
of any of the Trust Property and to revalue the Trust Property .
4 .10 . Piscal Year; Accounts . The Board of Trustees shall
have full and co.plete po r to deter•ine the fiscal year of the
Trus nd the aethod or fora n which its accounts shall be kept
and f ro. tlae to tiae to chang the fiscal year or •ethod or fora
of accounu . Unl u otherwise deterained by he Board of Trus-
te s pursu o h s Sect on 4 .10, h fiscal year of the Trust
shall er on ceaber 11 and c nc on Janu ry 1 of each c 1 nd r y
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presented by the Investment Advisor or such other Persons .
Subject to the provisions of Section 4 .4 and Section 5.1 hereof,
the Board of Trustees may delegate functions arising under this
Section 4.13 to one or more of their members or to the Investment
Advisor.
4.13. ~ower to Contract
Subject to t e prov1s1ons o ereof
with respect to delegation of authority by the Board of Trustees,
the Board of Trustees shall have full and complete power to
appoint, e.ploy, retain, or contract on behalf of the Trust with
any Person of suitable qualifications and hi9h repute (includin9
any corporation, partnership, trust or other entity of which none
may be an Affiliate) as the Board of Trustees may deem necessary,
or desirable for the transaction of the affairs of the Trust,
including any Person or Persona who, under the supervision of the
Board of Trustees, may, amon9 other thin9s: (i) serve as the
Board of Trustees' Investaent Advisor and consultant in connec-
tion with invest.ent decisions made by the Board of Trustees;
(ii) serve as the Board of Trustees' ~inistrative Advisor (o r
Adainistrative Advisors); (iii) furnish reports to the Trus t e e
and provide research, econoaic, and statistical data in c o n n c-
tion with the Trust's 1nvestaentsr (iv) act as consultant s ,
accountants, technical advisors, attorneys, brokers, und e r-
writers, corporate fiduciaries, escrow a9ents, depositarte s ,
custodians or agents for c ollection, insurers or insurance
a9ents, reqiatrars for Shares or in any other capacity de t ed
by the Board of Trustees to be necessary or desirabler (v ) inve s-
ti9ate, select, and, on behalf of the Trust, conduct rela t o ns
with Persons actin9 in such capacities and pay appropr ate f ees
to, and enter into appropriate contracts with, or e.ploy , o r
retain services perforaed o r to be perforaed by, any of h 11
i n connection with th i nv at enta acqu i red, sold, or oth rw s
d1sposed o f, or c oaa it d , n~otiated, o r c ont pla ed t o b
c qu red, so~d o r o h r wis dispoa d o f : (v i) s ubs ti u ny
o he r Person f or any such Personr (v l c as atto r n y-an-
or 9ent t n th urch o r s a le o r oth r d s po sitlon o 1nv
s , nd n th h ndl n9 , proaecu 1n9 , or o t he r nforc n
llen or securi y s cur~n9 n v stlll n a; nd (v ul • lat
for of such 1nis r 1 unc ions ry 1
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any action talten or:-O·nitt e J that :nay b e cJ~t e r .nin e d to co 11s t i tu ,
negligence, whether:-or:-not the Tr-ust wou ld hav e he power to
i nde'llni fy such Person dg a i nst ; •Jch liability .
4.15. Seal. The Boar-d of Tr-ustees shall have full and
co:nplete power-to 3dopt and us~ d seal for the Trust, but, unless
other-wise requir-ed by the Soard of 'l'rustees, it shall not be
necessary for the seal to be placed on, and its absence shall not
impair the validity of, any doc~Uent, instru.~ent, or other paper
executed and delivered by or on behalf of the Trust.
4.16. Indemnification . In addition to the mandatory
indemnification provided for in Section 7.3 hereof, the Board of
Trustees shall have full and complete power, to the extent per-
mitted by applicable laws, to indemnify or enter into agreements
with respect to indemnification with any Person with whom the
Trust or the Board of Trustees has dealings, including, without
limitation, the Investment Advisor, the Administrative Advisor,
and the Custodian, to such extent as the Board of Trustees shall determine.
4 . 17. Reaedies. No withstanding any provision in this
Indenture of 1£ust, when the Board of Trustees deem that there
is a significant r1sk tha an obligor to th Trust aay default
or is in default under the teras of any obl1gation to the Trust,
the Board of Trustees shall have full and complete power to pur-
au any re.edies pera tted by law which, in their sole judgment,
re in the interests of the Trust, and the Board of Trustees
shall have full and coaplete po r to ent r into any investaent, commi~ent or obl qat1on of th Trus result ng froa the pursui
of such re.ed es as ar nece1sary or d s1rable o dispo1e of
property acquired 1n th pur ui of suc h r ed e
,
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ARTICLE V
The Investment Advisor and the Administrative Advisor
5.1. APpointment. The Board of Trustees is responsible
for the investments of the Trust consistent with the investment
policy established in this Indenture of Trust by the Supervisory
Board and for the general administration of the business and
affairs of the Trust conducted by the officers, agents , employ-
ees, investment advisors , administrative advisors, distributors,
or independent contractors of the Trust. However, members of
the Board of Trustees are not required personally to conduct
all of the routine business of the Trust and, consistent wi ~h
their responsibility as stated herein, the Board of Trustees
may appoint, ~ploy, or contract on behalf of the Trust with the
Investment Advisor as an investment advisor to the Board of Trus-
tees, and the Adainistrative Advisor as an administrativ e advisor
for th Trust and may grant or delegate such authority to the
Inves~ent Advisor and the Adainiatrative Advisor (pursuant to
the ter•s of Section 4 .14 her of) or to any oth r Person th
services of wh~ are obtained by the Inves~en Advisor or th
Ad21nistrative Advi or, a the Board of Trus s may, in the i r
sole discretion, d m to b necessary or deslrabl , for th effi-
e ent •an g .. ent of the Trust . Th Boar of Truste s ay appoint
one or •ore persona to serve jointly as Invest.ent Advisors and
as Ad•ins ratlve Advisors . The • e person aay serve siaul an -
oualy as the Ada n strat v Adv isor and s the Inveat.ent
Advisor, bu no per on s rving as h Ad tnt r v Adv a or or
the lnv stll n Adv sor y s rv •• h Cu a od an . ubj o
th c 1ons 5.2 nd 5 .3, I ho In c ., a
ng und r o
• th
s h
n
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Agreement shall provide that it may be ter~inated at t h e enJ o f
any fiscal year without cause and without the pa~ent of any
penalty by the Board of Trustees on sixty ('50) days' written
notice to the Investment Advisor.
5.3. Duties of the Administrative Advisor. The duties of
the Administrat1ve Advisor shall be those set forth in the Admin-
istration Agreement to be entered into between the Board of Trus-
tees on behalf of the Trust and the Administrative Advisor . Such
duties may be modified by the Board of Trustees fro. time to time
by the .. endment of the Adainiatration Agreeaent. The Adainis-
tration Agreesent may authoriae the Administrative Advisor to
e.ploy other persona to assist it in the performance of ita
duties. 'ftle Ad•iniatration Agreement shall provide that it may
be terminated at the end of any fiscal year without cause and
without the payment of any penalty by the Board of Trustees on
sixty (60) days' written notice to the Administrative Advisor .
5 .4. Successors. In the event that, at any tiae, the
position of Investment Advisor or of ~iniatrative Advisor shall
beca.e vacant for any reason, the Board of Trustees may appoint,
.. ploy or contract wi th a successor Inveat.ent Advisor o r ~in
iatrative Advisor .
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ARTICLE VI
Investments
6. 1. Subject
to the proh1 1t1ons an restr1ct ons conta1ne 1n Sect on 6.2
hereof, the 9eneral investment policy and objective of the Trust
shall be to provide to the Participants of the Trust hi9h invest-
ment yields, while aaintainin9 liquidity and preaervinq capital
by inveatin9 in Permitted Inves~'enta in accordance with the Act
Part 6, the Act Part 7, in accordance with the Public Deposit
Protection Acta and any other applicable provisions of law as may
be set forth aore fully in the Trust's Infonaation State.ent, as
the s .. e aay be amended from time to time.
6.2. Restrictions Pund .. ental to the Trust.
Notwithstandin9 anyth1n9 1n th1a Indenture of fruat which may be
de .. ed to authorize the contrary, the Board of Trustees:
(i) Nay not make any investment other than
investments authorized by the Act Part 6, Act Part 7,
the Public Deposit Protection Acta, or any other
applicable provisions of law, as the s .. e .. y be
.. ended from tiae to tiae, all as herein defined as
Permitted InveatmentSJ provided, however, the Board
of Trustees and the Trust shall not be responsible to
comply with investment restrictions provided in a
Participant's Bo e Rule Charter, if such investment
restrictions are aore restrictive than thos provided
by Colorado State law s provided in this
Section 6 .2(i)J
purchase any Permit ed
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intended to be used to purcnase Per~itted Invest~ents,
except as a temporary measure to facilitate withdrawal
requests which might otherwise require unscheduled
dispositions of portfolio investments and only as and
to the extent per•itted by law;
(iv) May not make loans, unless such loans
are Permitted Investments;
(v) May not hold or provide for the custody
of any ~ust Property in a aanner not authorized by law
or by any institution or Person not aGthoriaed by law; and
(vi) May not purcbaae securities or shares of
investaent coapanies or any entities siailar to the
Trust.
Pbr the purposes of this Section 6. 2, the phraee
... sponsible Person• shall aean a Person liated on the Onited
Statea Treasury O.partaent List of Pr illary O.alera or any equi-
valent s~aecessor to such list, or a aavinga and loan or a bank
which is orCJanhed and eaiating under the law of the Dnited
States of America or any state thereof and which baa aaaeta in eaceaa of $500,000,000 .
6 .3. Aafnd!fnt of .. atrictiona. !be restrictions aet
forth in ..Ct on • 2 hireor are fiiDil•ental to the operation and
activities of the Trust and aay not be changed withoGt the affir-
aative vote of a aajor ity of the lhapervisory lloard, eacept that a~aeh restrictions ••Y be ChafHJed by the Board of 'l'r uateea ao as
to aalre th• aore reate lctive when neceaaary to con fora the
l nveataent protr• and a c tivities of the !'rust to the law of
the atate of Colorado and the Dnlted atatea of a.erlca aa they
aay froa till to t ill be •ended .
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ARTICLE VII
Limitations of Liability
7.1. Liability to Third Persons. No Treasurer shall be
subject to any personal liability whatsoever, in tort, contract
or otherwise to any other Person or Persons in connection with
Trust Property or the affairs of the Trust. No •eaber of the
Board of ~uateea, officer, e.ployee, advisor, consultant, or
agent of the Trust shall be subject to any personal liability
whataoever in tort, contract or otherwise, to any other Person or
Peraona in connection with Trust Property or the affairs of the
~uat, e•cept that each shall be personally liable for his bad
faith, willful •isconduct, gross negligence or reckless disregard
of his duties or for his failure to act in good faith in the
reaaonable belief that his action .as in the beat interests of
the ~uat . 'ftle lnveatllent Advisory Algree~~ent and the
Ad•inistration Algr ... ent shall provide for the personal liability
of tbe IDYeatllent Advisor or the ~iniatrative Advisor, as the
ca .. •ay be, for ita willful or negligent failure to take
reaaonable •eaaurea to restrict inveatllenta of trust Property t o
tbo .. peraitted by law aDd this Indenture of Trust . All such
third Pereooa shall look solely to tbe ~uat Property for
satisfaction of clai•s o f any nature arising in connection with
the affairs of the ~uat . )
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7.3. Indemnification.
a. The Trust shall indemnify to the extent of the
earnings of the Trust, each of the members of the Board of
Trustees, and such officers, esployees, advisor, consultant, and
agents as designated by the Board of Trustees, to receive such
inde.nification, against all liabilities and expenses (including,
without li•itation, a.ounts paid in satisfaction of judgments,
in compromise or as fines and penalties, and counsel fees) rea-
sonably incurred by hi• in connection with the defense or dispo-
sition of any action, suit or other proceeding by the Trust or
any other Person, whether civil or cr~inal, in which he •ay be
inwolved or with which he .. y be threatened, while in office or
thereafter, by reason of his being or having been such a ... ber
of the Board of ~uateea, officer, eaployee, advisor, consultant,
or agent, except as to any •atter as to which he shall have been
adjudicated to have acted in bad faith or with willful •isfea-
aance or reckleae diarA9ard of his duties or gross negligence
or, in the case of the Inweatment Advisor or the Administrative
Advisor, in willful or nA9ligent violation of the restrictions
on invee~nta of the ~uat Property. !he provisions of this
section 7.3 ehall not be conatr~ to per• it the ind .. nification
of any agent of the ~uet with respect to breaches by it of a
contract betwen it and the Board of ~11ateea. As to any •atter
diepoeed of by a cc.promhe pa,.ent by the Board of 'l'ruateea,
officer, ployee, advisor, cona11ltant, or agent, pursuant to a
coneeat decree or otherwi .. , no indemnification either for said
paJIIent or for any other ••pen .. a shall be provided 11nleas the
~11et shall have received a written opinion from independent
COIIftMl approved by the .. pen isory Board to tbe effect tbat such
CC*promiM paJIIAftt ws geoerally coneietent with the probable
outcoe of lititation . ID Participant shall be liable to any
,.reon with reapec to any claLm for lnd.anity or reu.bur ... ent
aiMI any ••bar of the Board of ~ ... t ... , officer, ploye ,
eor, conewta , or ageot. .. , satiety any ritht of ind•nity
or r Ul' eot. rant..S bere • or to wbic:b he •ay be ot.b r wia
led oely ou of t earnl IIJS oo ta. ~.alit . ard of
• y _.. par. nta &n conaectloo wltb nde8ni.f -
r his par rape a) of th s tloa 7 .3, provid
n r r or arcS o 'h'ua , oftic • u hr
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purpose of this Ind enture of Trust (inclu.Jing, without
limitation, Sections 7 .1 and 7.2 and this Section 7.3) constitute
bad faith, willful ~isfeasance, gross negliJence or reckless
disregard of his duties.
7.4. SuretS Bonds. No m~ber of the Soard of Trustees
shall, as such,e obl1gatea to give any bond or surety or other
security for the performance of any of his duties.
7.5. ~parent Authority. No purchaser, seller, transfer
agent or ot~Person dealing with the Board of Trustees or the
Invest:.ent Advisor of the Trust shall be bound to •ake any
inquiry concerning the authority of the Board of Trustees or the
InvestJient Advisor of the 'l'rust with recJard to the validity of
any transaction purporting to be •ade by the Board of Trustees
or by the Invest:.ent Advisor or .. ke inquiry concerning or be
liable for the application of •oney or property paid, transferred
or delivered to or on the order of the Board of 'l'rustees or the
Investaent Advisor.
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1. 8 . Liability In sur c1nce. Th~ i>oar l of Trustees shall, at
all times, malntatn tnsurance for the ~rotection ~f the Trust
Property, and the Trustee, ••embers of the 13oarj of Trustees,
Participants, Treasurers, officers, e~ployeP.s and agents of the
Trust in such .. ount as the Bollrd of Trustees shall dee111 adequate
to cover all foreseeable tort and contr~ct liability to the
extent available at reasonable rates.
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ARTICLE VI II
Interests of Participants
8.1. General. The beneficial interest of the Participants
hereunder in the Trust Property and the earnings thereon shall,
for convenience of reference, be divided into Shares. Shares
shall be used as units to measure the proportionate allocation to
the respective Participants of the beneficial interest hereunder .
The number of Shares that may be used to measure and represent
the proportionate allocation of beneficial interest among the
Participants is unli~ited. All Shares shall be of one class
representing equal distribution, liquidation and other rights.
The beneficial interest hereunder measured by the Shares shall
not entitle a Participant to preference, preemptive, appraisal,
conversion, or exchange rights of any kind with respect to the
Trust or the Trust Property. Title to the Trust Property of
every description is vested in the Trustee on b half, and for the
beneficial interest, of the Participants . The Participants shall
have no 1nterest in Trust Property other than the benefic1 1
interest conferred hereby and aeasured by th i r Shares, nd hey
shall have no right to call for any partition or division of any
property, profits, rights or interests of the Trus nor can they
be called upon to share or assume any losses of the Trust or
suffer an asses .. ent of any kind by virtue of th allocat1on of
Shares to thea, excep as provided in ction 12 .2 her of.
8.2 . Allocat on of Shares.
a . The Board of Trustees,
o lae, alloc
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with Section 1.2 and Section 16.6 hereof. Each Participant may
establish more than one account within the Trust for such
Participant's convenience.
c. Unless otherwise determined by the Board of
Trustees pursuant to this para9raph c. of this Section 8.2 and
Section 1.2 c., the minimum amount of funds which may be
maintained in an account in the Trust by a Participant at any one
time shall be $1.00.
8.3. lvidence of Share Allocation. Bvidence of Share
allocation shall be reflected In the Share Re9ister maintained by
or on behalf of the Trust pursuant to Section 9. 1 hereof, and the
Trust shall not be required to issue certificates as evidence of
Share allocation.
8 . 5 . Trust to P rt cipants,
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(ii) during which any financial emergency situation exists as a
result of which disposal by the Trust of Trust Property is not
reasonably practicable because of the substantial losRes which
might be incurred or it is not reasonably practicable for the
Trust fairly to determine the value of its net assets. Such
suspension or postponement shall not alter or affect a
Participant's beneficial interest hereunder as ~easured by its
Shares or the accrued interest and earnings thereon. Such
suspension or pay.ent shall take effect at such time as the Board
of Trustees shall specify but not later than the close of
business on the business day next following the declaration of
suspension, and thereafter there shall be no right of rede.ption
or pay.ent until the Board of Trustees shall declare the
suspension or postpon .. ent at an end, except that the suspension
or postpon .. ent shall terainate in any event on the first day on
which the period specified in the clause (i) or (ii) above shall
have expired (as to which, the deterMination of the Board of
Trustees shall be conclusive). In the case of a suspension of
the right of red .. ption or a postpon .. ent of pay.ent for redeE!IIIed
Sbar .. , a Participant aay either (i) withdraw ita request for
red .. ption or (ii) receive pa~ent based on the net aaae~ value
existing after the teraination of the suspension.
I. 7 . JUnia• RedeR~Sion. 'ltlere shall be a aini • of one
( 1) Share Which aay be r ... ed at any one tiae a the option of
a Participant.
1.1. Def~tive Rcd .. ption atQueata . In the event that a
Participant shall sUS.lt a request for the red .. ption of a
greater n•ber of Shar~s th n are then allocated to such
Participant, such request shall not be honored. lach
Part cipant, by lts adoption of this Ind ntur of Trust, ~r •
that the IDard of Trustees shall hav full nd co.plete po r to
r an MOunt of the Shares •llocated to such Part c: pan , at
a red p on pr1c detera ned in ccordan w th ton 1 .5
t, suU ci n to reiaburs h Truat for any apena
coats or penalt a ctually ncurr by t Trus ault of
such d t v red p on req
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ARTICLE IX
Record of Shares
9. 1. Share Register. The Share Register shall be kept by
or on behalf of the BOard of Trustees, under the direction of the
Board of Trustees, and shall contain (i) the names and addresses
of the Participants, (ii) the number of Shares representing their
respective beneficial interests hereunder, and (iii) a record of
all allocations and redemptions thereof. Such Share Register
shall be conclusive as to the identity of the Participants to
which the Shares are allocated. Only Participants whose alloca-
tion of shares is recorded on such Share Register shall be
entitled to receive distributions with respect to Shares or
otherwise to exercise or enjoy the rights and benefits related
to the beneficial interest hereunder represented by the Shares.
No Participant shall be entitled to receive any distribution,
nor to have notices given to it as herein provided, un il it has
given its appropriate address to such officer or agent of the
Trust as shall keep the Share Register for entry thereon.
9.2. R!qistrar. The Board of Trustees shall have full and
co.plete power to e.ploy a reqistrar . Unless otherwise deter-
mined by the Board of Trustees, the Share Re1ister shall be kept
by the AdMinistrative Advisor which shall s~rve as the registrar
for th Trust . The registrar shall record the original alloca-
tions of Shares in th Share Register. Such registrar sh 11 per-
for• the duties usually perfor.ed by registrars of c rtificates
and shares of stock 1n a corporation , except as such duties may
be aodtfied by h ard of Trus a.
rson becomtng entitl d to any
on .
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However, Shares •nay be redee·ned frorn one P'lrticipant' s account
and the proceeds deposited directly into another Participant's
account upon instructions fr~n the Treasurers of the respective
Participants.
9.5. Limitation of Resrinsibility. The Board of Trustees
shall not, nor shall the Par~clpants or any officer, registrar
or other agent of the Trust, be bound to deteronine the existence
of any trust, express, implied or constructive , or of any charge,
plejge or equity to which any of the Shares or any interest
therein are subject, or to ascertain or inquire whether any
redeaption of any such Shares by any Participant or its represen-
tatives is authorized by such trust, charge, pledge or equity, or
to recognize any Person as having any interest therein except the
Participant recorded as the Participant to which such Shares are
allocated. The receipt of moneys by the Participant in whose
n .. e any Share is recorded or by the duly authorized agent of
such Participant shall be a sufficient discharge for all moneys
payable or deliverable in respect of such Shares and fro. all
responsibility to see to the proper application thereof .
9 .6 . Notices. Any and all notices to which Participants
hereunder aay be e ntitl d and any and all co.aunications shall
be de .. ed duly served or given if aailed, postage prepaid,
addressed to Participants of record at their last known post
office addresses as recorded on the Share Register provided for
in Section 9.1 hereof •
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ARTICLE X
Participants
10.1. Exercise of Particieants' Rights. All rights of the
Participants as set forth In th1s Article shall be exercised by
their respective Treasurer as a member of the Supervisory Board .
Wherever in this Indenture of Trust action is required by or
allowed to a Participant, such action shall be taken by the
Treasurer on behalf of the Participant . Any collecti ve action
required by the Participants shall be taken by the Supervisory
Board. All notices required to be sent to Participants shall be sent to the Treasurer.
10.2 . Voting. Each Parti cipant through its Treasurer shall
be entitled to one vote as a •natter of right with respect to the
following matters: (i) election of the Board of Trustees as pro-
vided in Section 11.1 and Section 11.2 hereof; (ii) amendment of
this Indenture of Trust o r ter•inat1on of the Trust as provided
in Section 6.3 and Section 15 .1 hereof; and (iii) reorganization
of the Trust s provided in ct on 15 .2 hereof. It shall not b
necessary for any minimu. nu.ber of Shares other than one (1) to
be allocated to a Partic1pan for th P rticipant to be entitled to vote .
10 . 3. ~~~~~~-i~~~~~~~~~r=;a~rd~. The annual
120 days after
Th Board of
dered n
of Tru -
annu 1
s
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10.6. Me e tings of the Supe rvisory Board.
a. Meetings of the Supervisory Board may be called at
any time by a majority of the Board of Trustees and shall be
called by any member of the Board of Trustees upon wri tten
request of not less than ten percent (10%) of the Treasurers,
such request specifying the purpose or purposes for which such
meeting is to be called. Any such meeting shall be held with in
the State of Colorado at such place, on such day and at such time
as the Board of Trustees shall designate, provided that a meetin~
requested by the Treasurers shall be held within 20 days of such request.
b . A majority of the Treasurers entitled to vote at
such meeting present in person (including, if permitted by appli-
cable law, participation by conference telephone or similar com-
munlcations equipment by means of which all Persons participating
in the meeting can hear each other) or by proxy shall constitute
a quoru. at any annual or special meeting .
10. 7 . Notice o f Meetin~s . Notice of 11 meetings of the
Supervisory Board shall be g ven by the Bo rd of Trustees by mail
to each Participan at its r is red address, mailed at least
ten (10) days b fore the e ting . The notice shall state the
time, place nd purpos s of he me ing . Only business stated
in th notice of a m tln shall be considered at such meeting .
Any adjourned m ting may b he ld as ad jou rn d withou fur her
notice . Any not c quired by any •open meeting,• •sunshin •
or sim lar 1 w, wh r now or h r aft r n ff ct , •hall also
be 9 ven .
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purposes of such other action. Any Participant which was a
Participant at the time so fixed shall be entitled to vote at
such meeting or any adjournment thereof, or to cast a ballot in
such vote, even though it then had no Shares allocated to it or
has since that date redeemed its Shares. No Participant becoming
such after that date shall be so entitled to vote at such meeting
or any adjournment thereof or to cast a ballot in such vote or to
be treated as a Participant of record for purposes of such other action.
10. 10. Nwaber of Votes. Only Participants of record shall
be entitled to vote and each Participant shall be entitled to one
vote without regard to the number of Shares allocated to it. A
proxy purporting to be executed by or on behalf of a Participant
shall be dee.ed valid unless challenged at or prior to its exer-
cise, and the burden of proving invalidity shall rest on the challenger.
10.11. Reports. The Board of Trustees shall cause to be
prepared at least annually (i) a report of operations containing
a stateaent of assets and liabilities and statements of opera-
tiona and of changes in net assets of the Trust prepared in con-
fon.ity with generally accepted accounting principles, (ii) an
opinion of an independent certified public account on such finan-
cial stat .. ents based on an exa.inatlon of the books and records
of the Trust aade in accordance with generally accepted al.actlting
standards, and (iii) sufficient inforaation to establish coapli-
ance with the investaent policy established pursuant to this
Indenture. A signed copy of such report and opinion shall be
filed with the Trustee and the Board of Trustees within sixty
(60) days after the close of the period cov•red thereby. The
Trustee shall cause to be aailed copies of such reports to all
Participants of r~ord wtthin five (5) days fraa the r~eipt
thereof. The ID rd of Trust es shall, in addition, furnish to
the ~ rticipan a, le • quarterly, an interia report contain-
ift9 an unalldited b lane she of he Trust as at the end of such
quarterly per od nd at t ents of opera ions and changes in net
aa .. ts for th per od fraa th b49 nntng of the then curr nt fis-
c 1 year to th nd of such qu rt rly period .
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ARTICL.I': XI
Trustees and Officers
11. 1. Number and Qualification . The investment and
administrative bOdy of the Trust shall be the Soard of Trustees ,
the membership of which shall be determined as hereinafter pro-
vided. The number of members of the Board of Trustees as of the
dat~ of the amendment previously referred to shall be twelve (12)
and shall thereafter be fixed from time to time by resolution of
a majority of the Supervisory Board, provided, however, that the
number of members of the Board of Trustees shall in no event be
less than three nor more than fifteen. Any vacancy created by an
increase in the number of Trust ees may be filled by the appoint-
ment of an individual havin9 the qualifications described i n this
Section 11.1 made by a resolution of a majority of the Board of
Trustees then in office . Any such appointment shall not become
effective, however, unt rl the individual named in the r esolution
of appoincaent shall have (i) accepted in wr iti09 such appoint-
ment, and (ii) a9reed in writin9 to be bound by the terms of this
Indenture of Trust. No reduction in the n~a~~ber of members of the-
Board of Trustees shall have the effect of re.ovin9 any member of
the Board of Trustees from office prior to the expiration of his
te~. Whenever a vacancy in the number of Trustees shall occur,
until such vacancy is filled as provided in Section 11 .5 hereof,
the m.-bers of the Board of Trustees continuin9 in office,
re9ardless of their number, shall have all the powers 9ranted to
the Board of Trustees •nd shall dischar9e all th duties imposed
upon the Board of Trustees by this Indenture of Trust . The ell-
b rs of the Board of Trus e s shall be natur 1 persona oC wh ch
at least a majority shall be memb rs of the Supervisory Board and
thus Tr surer of a Participan . The w bers of the SO rd of
Trust es shall not be r quir to d vote th 1r ntire tl• o h
bus ness and affairs of th Trua
11. 2. rm and Bl f'Ct on.
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Govern11ent Entities so that al.l subcategories of Local Governnent
Entities are represented on the Board of Trustees; such represen-
tation shall require the designation of at least one member of
the Board of Trustees represent each subcategory of Local Govern-
ment Entity. For purposes of this Section 11.2, the subcate-
gories of Local Government Entity are: (a) counties; (b) cities
and towns; (c) school districts; (d) special districts; and
(e) others. The election of a Treasurer to a Board of Trustees'
position designated to be held by a member of the Board of Trus-
tees within a subcategory of Local Government Entity shall not be
effective unless such Participant and its Treasurer are within
the desiqnated subcategory.
c . Any addition made to the n~nber of members of the
Board of Trustees, except pursuant to a Vote of the Supervisory
Board, 3hall be made only for a term expirinq at the next annual
Vote of the Supervisory Board at which time a successor shall be
elected and qualified. At the annual Vote of the Supervisory
Board next following an addition to the number of members of the
Board of Trustees, the terms of the additional .nembers of the
Board of Trustees shall be fixed so that, as nearly as shall be
practicable, an equal number of terms shall expire annually.
Members of the Board of Trustees may succeed themselves in
office. Election of members of the Board of Trustees at such
annual Vote shall be by the affirmative vote of at least a major-
ity of the Supervisory Board voting. The election of any aember
of the Board of Trustees (other than an individual who was serv-
ing as a member of the Board of Trustees immediately prior to
such el ction) pursu nt to this Section 11.2 ahall not beca.e
effective unless nd until uch ~r on hall have (i) ln writin~
accepted his el c on , an (iil aqreed in writing to be bound by
the t raa of his lnd ntur of Trus .
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11.4. Vacancies.
a. A vacancy shall occur in the event of death,
resignation, bankruptcy, adjudicated incompetence or other
incapacity to exercise the duties of the office, or removal of
a member of the Board of Trustees. If a member of the Board of
TTustees shall no longer be the Treasurer of his Participant,
such Person shall no longer be a member of the Board of Trustees
and a vacancy will be deemed to have occurred. If a Local Gov-
ernment Bntity fails to qualify as a Participant for a period of
30 days, any TTeasurer of that Local Government Entity who is a
•e.ber of the Board of Trustees shall no longer qualify as a mem-
ber of the Board of Trustees, and a vacancy will be deemed to have occurred .
b. No such vacancy shall operate to annul this
Indenture of TTust or to revoke any existing agency created pur-
suant to the ter~s of this Indenture of Trust. In the case of
an existing vacancy (other than by reason of an increase in the
nu.ber of the Board of Trustees), a •ajority of the Board of
TTustees continuing in office acting by resolution, may f i ll s uch
vacancy, provided the requir .. ents of Section 11 .2 b . are c om -
plied with, and any ... ber of the Board of TTustees so appointed
by the Board of Trustees shall hold office until the nex t nnual Vote of the Superv i sory Board .
11.5. Meet i ngs .
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Board of Trustees. The Board of ·rrustees may act with or, if
permitted by applicable law, without a meeting for the purpose of
polling members of the Board of •rrustees concerning any specific
matter which any member of the Board of Trustees feels requires a
vote of the Board of Trustees, but which he also feels is not
sufficient to require calling a special meeting of the Board of
Trustees. All action taken by polling the Board of Trustees
shall become final upon receipt by 15 days written ratification
by a majority of the Board of Trustees of such action.
b. Any committee of the Board of Trustees, including
an Executive Committee, if any, may act with or without a meet-
ing. A quorum for all meetings of any such committee shall be a
majority of the members thereof. Unless otherwise specifically
provided in this Indenture of Trust, any action of any such com-
mittee may be taken at a meeting by vote of a majority of the
members present (a quorum being present) or, without a meeting,
by written consent of a majority of the members.
c. With respect to actions of the Board of Trustees
and any committee thereof, m~bers of the Board of Trustees who
have an interest in any action to be taken by the Board or any
co.mittee may be count d for quorum purposes under this Sec-
tion 11 .5, but only 1f such member of the Board of Trustees has
previously given not1ce to the Board of Trustees of such inter-
eat. Such member of the Board of Trustees shall not be entitled to vote .
d.
Trustees may, of
in a
d
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themselves members of the aoard of Trustees, shall attend
meetings of the Board of Trustees but shall have no voting power.
11.7. By-Laws. The Board of Trustees may adopt and, from
ti•e to ti•e, ._end or repeal By-Laws for the conduct of the
business of the Trust, and in such By-Laws, among other things,
••Y define the duties of the respective officers, agents,
.. ployees and representatives of the Trust.
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ARTICLE XII
Determination of Net Asset Value and Net Income;
Distributions to Participants
12.1. Net Asset Value. The net asset value of each
allocated Share of the Trust shall be determined once on each
business day at such time as the Board of Trustees by resolution
may determine. The method of determining net asset value shall
be established by the Board of Trustees and shall be set forth in
the Infor.ation Statement as the same may be amended from time to
time. The duty to aake the daily calculations aay be delegated
by the Board of Trustees to one of the following: the Investment
Advisor, the Adainistrative Advisor, the Custodian or such other
Person as the Board of Trustees by resolution may designate.
12.2. Constant Net Asset Value, Reduction of Allocated
Shares.
a. The Board of Trustees shall have full and coaplete
power to deteraine the net inco.e (includi"9 unrealised gains
and losses on the portfolio assets) of the Trust once on each
business day as provided in Section 12 .1 hereof and, upon each
such deteraination such net incoae shall be credited proportion-
ately to the accounts of the Participants in such manner, and
with the result, that the net asset value per Share of the Trust
shall r .. ain at a constant dollar value of $1 .00 or integrals of
1/100ths thereof . Any c hange in the constant dollar value shall
be •ad• on a pro rata ba~i • by increasing or reducing the nuaber
of each Participant's shar a . The general aethod used for the
deterainatlon of the net nc oae of the 'l'r~ast and the crediting
thereof proportionate ly t o the respect!•• acco~ants of the Par-
t i cipants shall b e d e t r ai ned by t h Board o f Trllst •• and shall
be set f o rth in the Info raa lon lta t nt as the saae aay be
aa nd ed f roa t ae to • • Th dll y to •&k t h da il y c al c ula-
t o ns aay be d e lega ted by he ard of 'l'r~as t e s o o n o f the
follow ng: th I nv • n Ad v sor , he Ad ln • r a t ve Adv i s or ,
the C~as od a n o r such o h r r n • t of 'l'r ~a a t •
by r solu y d i n Pl u tons 1 11 b
re l lloc b P r
I h r 111 f ra
such
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agreed to such contribution in these circumstances by i ts
investment in the Trust and its adoption of this Indenture of
Trust . The purpose of the foregoing procedure is to permit the
net asset value per Share of the Trust to be maintained at a
constant dollar value per Share.
b. The Board of TTustees may discontinue or amend the
practice of att .. pting to aaintain the net asset value per Share
at a constant dollar .. ount at any tiae and such modification
shall be evidenced by appropriate changes in the Infonaation
Stat .. ent aa the .... aay be .. ended fro. tiae to tiae.
12.3. luJDPl .. entarx Distributions to Partici~nts. In
addition to red .. ptlona aide at the request of lnd~ldual Parti-
cipants pursuant to Section 1.5 hereof, the Board of ~ustees aay
froa tiae to tiae aleo declare and aake to the Participants, in
proportion to their reapectiwe allocation of Shares, out of the
earnings, profits or aaaeta titled in the n .. e of the Trustee,
such auppl ... ntary diatributlona as they aay deteraine . The
declaration and aaking of auch suppleaentary distributions and
tbe deteraination of earniaga, profits, and other funds and
aa .. ta awailable for auppl .. ental distributions and other pur -
po .. a aball lie wholly ln the dhcretion of the Board of ~uat .. s
and aay be aade at auch tiae and in auch aanner as the Board of
'!ruat .. a aay in their aole di.cretion froa tiae to tiae deter-
aine. Any or all auch auppl .. entary diatr ibutiona aay b e aade
..ong the Participants of record at the tiae of declar i ng a
distribution or aaong the Participants of record at such othe r
date aa the loard of '!ruat"a shall deteraine .
12 .4. ..tained .. ,.nea . 'ft\e loard of '!ruatees aay r e ta in
tint froa earning a aDa profits, and to the eatent tho• f und a
are not a~afficient froa the 9roaa i nc:oae of the 'l'ruat a uc h .. o unt
as they aay de .. neceaaary to pay the debts and .. penaea of t h e
truat and to ... t o ther o bl19at i ona of the trust, and the loa rd
o f '!ruat .. s shall aleo bawe the po .. r t o establ ish fr aa a rnings
a nd r rof i ts s uch reaeonabl e reserv es aa t hey b elieve a a y b
r equ red t o protect the '!r ust a nd the Pa rtici pants arJalnst
conti09ent lia bilities .
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ARTICLE XIII
Custodian
13. 1. Duties. The Board of Trustees on behalf of the Trust
shall .. ploy a bank or trust co•pany organised under the laws of
the United States of Allerica or the State of Colorado having an
office in the State of Colorado and having a capital and surplus
aggregating at least twenty-five •illion dollars ($25,000,000)
as Custodian with authority as ita agent, but subject to such
restrictions, l!.itationa, and other requir .. ents set forth in
the Custodian Agre .. ent to be entered into bet-en the Board of
Trustees and the Custodian . Such Custodian •uat be certified as
a qualified •public depository" as defined by the Public Deposi-
tory Protection Acta and shall invest all Trust Property in accordance therewith.
13. 2. Ael!ointllent. The Board of Trustees shall have the
powr to select aftd appoint the Custodian for the 'l'ruat. !be
Custodian Agr ... ent shall provide that it •ay be ter.inated at
any tille without cauM and without the saltlent of any penalty by
the Trust on ahty (10) days' written notice to the Custodian . ~ited Bank of Denwer .. tional ~aociation, a bank organhed and
existing under the laws of the Dnited States of Aaerica, i.a
hereby appointed as the Cuatod ian for the 'l'r uat.
13. 3. !ub-C~HocUan. The Board of 'l'r uat"• '11ay &leo
authori ae the Cua Ian Eo .. ploy one or •ore 8ub-cuatod iana fr011 ti•• to tl•• to perfor. such of the acta and Mrvicea of the
Custodian and ~apon such ter•• and conditions, as .. y be ecJreed
upon betwen the Cu•todi.an and such Sub-Custodians and ap6)roved
by the 8oard of Trust ... , ero.ided, howewer, that, in ewery ca•,
such Sub-Custodian ehall bi a binli or truet COIIp.ny organhed
under the laws Of the Dni.ted States of Aaerica or one of the
etatea thereof having cap tal and surplus ecJ9recJating at leae
ty•five •ill on dollars (f25,000 ,000 ).
cu
prov
hll
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ARTICLE XIV
Recording of Indenture of Trust
14. 1. Recordinq. This Indenture of Trust and any amencbent
hereto aay be flied, recorded or lodged as a doc111ent of public
record in auch place or places and with such official or offi-
cial• aa the Board of Truateea aay deea appropriate. Bach .. end-
aent ao filed, recorded or lodged ahall be acca.pAnied by a cer-
tificate aigned and acknowledged by the Olairaan of the Board of
'1\'uat .. a atating that such action •• duly taken in the aanner
provided for herein, and unleaa auch •enclaent or auch certifi-
cate .. ta forth aa.e earlier or later tiae for the effectiveneaa
of a~~eh •andllent, auch -endaent shall be effective upon ita
UUDCJ. An Indenture of '1\'uat •ended purauaAt to Section t 5. t,
containing or reatating the oriyinal Indenture and all -•ndaenta
theretofore aade, ahall, upon f ling, recording, or lodging in
the ._Dar coat-plated hereby, be coacluahe evidence of all
-...-...ta contained therein and-y thereafter be referred to
in Uea of the original Indenture of 'fruat and the varioua uend-
... ta thereto. llotwithataDding the for.,oing prcwhiona of thh
.. ction 1•.1, no filint or recordation puraaant to the teraa of
tbia 8ection 1•. 1 ahall be a condition precedent to the effec-
th•eu of thia Indenture of 'fruat.
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ARTICLE XV
Amendment or Termination of Trust; Duration of Trust
15.1. ~endment or Termination.
a. The provisions of this Indenture of Trust may be
aaended or altered, or the Trust aay be terminated, at any meet-
ing of the Supervisory Board or pursuant to any vote of the
Supervisory Board called for that purpose, by the affir•ative
vote of a aajority of the Supervisory Board, or by an instr~ent
or instru.ents in vriting, vithout a •eeting, signed by a •ajor-
ity of the Board of Trustees and a •ajority of the Supervisory
Board. The Board of Trustees •ay, fro. ti•e to ti•e by a two-
thirds vote of the •.-hers of the Board of Trustees, and after
fifteen (15) days' prior vritten notice to the Participants, -•DC! or alter the provisions of the Indenture of Trust, vithout
the vote or assent of the Supervisory Board, to the extent d ... ed
by the Board of Trustees in good faith to be necessary to confora
this Indenture of Truat to the requir .. enta of applicable lava
or regulations or any interpretation thereof by a court or other
govera.ental egency of ca.petent jurisdiction, but the Board of
Trustee• shall not be liable for failing so to do. lbtvithstand-
i "9 the foregoi"9, no -•ndllent •ay be •ad• pursuant to this
Section 15.1 tfhich woulda ( i) change any righta vith respect
to any allocated Shares of the Trot by reducing the -ount pay-
able thereon upon liquidation of the Trust or which would diain-
iah or elt.inate any voting rights of the Participants, except
vith the vote or vritten conaent of two-thirds of the Partici-
pants entitled to vote thereon, (ii) cause any of the investaent
reatrictions contained in Section 6 .2 hereof to be less restric-
tive vithout the affiraative vote of a •ajority of the Partici-
pants entitled to vote thereon, (iii) change the lt.itations on
penonal liability of the Participants and ... ben of the .,ard
of Trustees' and (i v) c hange the prohibition of aaaea .. enta upon
Participants .
b . A certification in recordable fora signed by a
••jority of the Board of Trustees Mtting forth an .. enc!aent
and rKiting tha it a duly dopted by t Supervisory .,ard
or by Board of Trust a • aforea id or a copy of he Ind n-
ure, aa nd , in record le font, and executed by ajority
of th ard of Truatee , ahall b conclualve evidenc of auch
-end•ent.
c.
on 15 . 1a
ion ot h T\" u purauan
(1) Th Tru ahall c rry on no buain ••
or h purpoa o v ind ng u l a ffalra1
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(ii) Tne Board of Trustees shall proceed to
wind up the affairs of the Trust and all of the powers
of the Board of Trustees under this Indenture of Trust
shall continue until the affairs of the Trust shall
have been wound up, including, without limitation, the
power to fulfill or discharge the contracts of the
Trust, collect its assets, sell, convey, assign,
eachange, transfer or otherwise dispose of all or any
part of the remaining Trust Property to one or more
persona at public or private sale for consideration
which aay consist in whole or in part of cash, securi-
ties, or other property of any kind, discharge or
pay ita liabilities, and do all other acta appropriate
to liquidate ita affairsJ provided, however, that any
aale, conveyance, aasignaent, eachange, transfer, or
other disposition of all or substantially all of the
Trust fToperty shall require approval of the principal
tenaa of the transaction and the nature and a.ount of
the consideration by affiraative vote of not leas than
a aajority of the Board of ?ruateea, and
(iii) After paying or adequately providing
for the pa~ent of all liabilities, and upon receipt of
such relea .. a, ind .. nitiea, and refunding agre .. enta aa
tbey de .. necessary for their protection, the loard of
!'r .. t .. a aay distribute the r .. aining ?rust Property,
in caab or in kind or partly in each, .. ong the
Participants according to their reapecti•e
proportionate allocation o .f ._area.
d. Upon ter.ination of the ?rust and dhtriblltion to
the Participants aa herein proYided, a aajority of the loard of
?r uateea aball eaecute and lodge •ong the recorda of the 'l'ruat
an inatr~aent J.n wri ting Htting forth the fact of such tenalna-
tion, and the 'l'ruate and the loard of 'l'ruatees shall thereupon
be discharged froa all further liabilities and duties h reunder,
and t right, tl , nd 1nt rest of all Participants shall
ceas al\d b cane lled and d acharged .
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association, trust, or other Person in exchange for cash or
shares or securities thereof, or beneficial interest therein with
the assumption by such transferee of the liabilities of the
Trust: and thereupon the Board of Trustees shall terminate the
Trust and deliver such cash, shares, securities, or beneficial
interest ratably among the Participants of this Trust in redemp-tion of their shares.
15.3. Duration. The Trust shall continue in existence in
perpetuity, •U63ect in all re•pect• to the prO¥i•ions of this Article XV.
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ARTICLE XVI
Miscellaneous
16. 1. Governing Law. '!'his Indenture of Trust is executed
by two-thirds of the m~bers of the Board of Trustees and deliv-
ered in the State of Colorado and with reference to the laws
thereof, and the ri~hta of all parties and the validity, con-
struction, and effect of every provision hereof shall be subject
to and construed according to the laws of said State of
Colorado.
16.2. Counterparts. This Indenture of Trust may be
eaecuted in se.eral counterparts, each of which when so executed
shall be dee.ed to be an original, and such counterparts, togeth-
er, shall constitute but one and the a .. e instruaent, which shall
be sufficiently evidenced by any such original counterpart.
16.3 . Reliance by Third Parties . Any certificate
eaecuted by an ln3lvldual Who, according to the records of the
Trust, or of any official or public body or office in wh ich this
Indenture of Trust ay be recorded, appears to be a m~~ber of the
Board of Trustees hereunder or the Secretary or the Treasurer of
the '!'rust, certifying to (i) the n111ber or identity of the Board
of Trustees or ParticipantBJ (ii) the due authoriaation of the
execution of any inatnaent or writing; (iii) the form of any
vote passed at a Meeting of the Board of Trust ea or Supervisory
Board 1 ( iv) the fact that th_. n11111ber of the Board of Trustees or
Participants present at any •eeting or executing any written
natru.ent aatiaf a the req~ire~@nta of this Indenture of Trust;
( v) the form of ny By-JAws :!opted by or th<t id@ntity of any
oft cera elect d by th ar of Truat"ea; or \vi} the ex atence
of any fact or f c a wn ch n any 11anner rel t to the affairs of
th Trust, sh 1 o conclua1 v ev dence •• to the Mattera ao cer-
tlf ed n f vor o! y reon de 1 ng v th the Board of Trust ••
or ny of t.h True nd h uccea ora o such ~raon.
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16.5. Gender; Section Headings.
a. Words of the masculine gender shall mean and
include correlative words of the fe~inine and neuter genders,
and words iaporting the singular number shall mean and include
the plural number and vice versa.
b. Any headings preceding the texts of the several
Articles and Sections of the Indenture of '1'r ust and any table of
content• or aarginal notes appended to copies hereof, shall be
solely for convenience of reference and shall neither constitute
a part of this Indenture of Trust nor affect ita aeaning,
conetruction, or effect.
11. I. Adoption ~ Local Govern.ental Inti ties and
<ction to lica.e artlclpantz lislgnatlon of Pirtlcipante.
a. Any Local Goverrwent llntity aeeting the
requir•ente of Section 1. 2 hereof .. ay bec01ae an additional
Participant of this ~ust by (il taking any appropriate official
action to adopt this Indenture of !Tuet and (iii furnishing the
8Dard of ~uateee with aatisfactory eovidence that such official
action has been tallen. A copy of thi • Indenture of ~ uat ~aay be
adopted by executing a written instr•ent of M!ption in such
fora ae aay be preacribed by the loard of ~uatees. O.lhering
an ackncndeclged copy of such instr•ent shall constitute
satisfactory evidence of the adoption cont•plated by this
lection 1 I. I.
b. Any Participant aay resign and withdraw fro. the
'l'ruat by Hnding a written notice to such effect to the Chai raan
of the 8Dard of !Tuatees and the Adainietrative Advisor and by
requesting the red•ption of all lbaree then held by it. Such
r"i9nation and withdrawl shall beca.e effective upon the
receipt thereof by the Chainaan of the 8Dard of ~uet.ees aftll the
Adainiatrathe Advisor . 11o resignation and wlthdrawl by a
Participant ehall operate to aMul this Indenture of ~uat. or
teralnate the eaietence of the !Tuat .
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IN WITNESS WHEREOF, the undersigned members of the Board of
Trustees acting on behalf of Participants of the Colorado Local
Govern.ent Liquid Asset Trust and pursuant to the authority
granted by Act Part 7, have adopted this First ~ended Indenture
of Trust as of the day first above written, as of which date this
Pirst Aaended Indenture of Trust shall take, and coMe into,
full force and effect.
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RESOLUTION NO. diP
SERIES OF 1989
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A RESOLUTION REAPPOINTING EVELYN BOOM TO A THREE-YEAR TERM AS
TRUSTEE OF THE MALLEY CENTER TRUST FUND.
WHEREAS, Title 4, Chapter 3, Section 9, Englewood Municipal
Code 1985, establishes a special fund of the City known as the .~Ialley Center Trust Fund for the use and benefit of the Englewood
senior citizens recreation center known as the Elsie Halley
Centennial Center; and
WHEREAS, City Council appoints members to serve as trustees
of the f.talley Center Trust Fund; and
WHEREAS, at its meeting April 13, 1989, the Parks and
Recreation Commission voted to recommend Evelyn Boom to Council
for reappointment to another three-year term;
NO\f, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Evelyn Boom is hereby reappointed to a three-year tera as
Trustee of the Ialley Center Trust Fund for the term April 20,
1989 to April 20, 1992.
ADOPTED AND APPROVED this lat day of Hay, 1989.
At eat:
Patrlcla H. Crow, Ci y Clerk
C:1
by
. -·
Susan Van Dyke, Mayor
0 h
tor
Clty o
"9 1a •
l ib
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C 0 U M C I L C 0 K K U M I C A T I 0 N
DATE
Kay 1, 1989
IWITIATID IT
STAR IOUI.CI
PUVIOUI COUIICIL ACTIOII
None .
ACTIOII PIOPOID
AGDDA IT!II
b
11(10
SUIJ!CT
Parka and Recreation co .. taaion
Malley Center Trust
Fund Appoint•ent
Sharon Winkle , Director of Library and Recreation Services
Council accep CO..laaion r co..en4atton reaardtna truatee appolnt.ent .
IIITIODOCTIOII
and leer atlon Co-.laalon d ratned to
velyn Boo., 7S o a
r t'na net . Ita . an •
...
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FINANCIAL
None .
UCOIIIIDDATIOR
Council appoint Evelyn Boom as Malley Center Trust Fund trustee for a three -year term to expire April 20, 1992.
I • •
RESOLUTION NO. ~1
SERIES OF 1989
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A RESOLUTION SUPPORTING AND ENDORSING DENVER'S BID FOR THE 1998
WINTER OLYMPIC GAMES.
14 (a) (1)
WHEREAS, the citizens of Englewood recognize the importance
of winter sports activities to the economic health and develop-
ment of Colorado; and
WHEREAS, Colorado has hosted the 1988 u.s. Figure Skating
Chaapionshipa in Denver, the Vail-Beaver Creek area for the 1989
World Alpine Ski Cha~ionahipa, Winter Park ski area has been
selected for the 1990 World Disabled Ski Championships,
Breckenridge for the 1990 Freestyle World Cup, Denver for the
1990 NCAA Final Four basketball chaapionahipa, and the University
of Denver has bid to host the Final Four hockey championships in
1991 and the National Brotherhood of Skiers; and
WHEREAS, the Olympic Winter Games represent the pinnacle of
international winter sports competition; and
WHEREAS, the City of Denver has announced ita intention of
making a bid to host the 1998 Oly.pic Winter Games;
NOW, THEREFOR!, B! IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF ENGLEWOOD, COLORADO, THAT:
The City of !nglewood hereby supports and endorses the
efforts of the City of Denver in ita bid for the 1998 Winter
Olympic GUles.
ADOPTED AND APPROVED this lat day of May, 1989.
A eat:
p lela H.
1, ,.
Colorado, h
olu ion
rk
Crow, Ci y Cl r of the c ty o Entl
y h tor 90 nt • a ru co y of
r1 s o lflt.
I • let. I. Cr I •
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RESOimiOO 00. ~t
SERIES OF 1989
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A RESOLIJl'IOO NAMING A PCRI'IOO OF 'lHE LI'rl'LE r:RY CREEK TRAIL FRCM SOlml
<::LARl<SCN ro sarm ~ "SNUEL L. LOVE GRE»MAY."
14 (a) (ii)
~. Sanuel L. Love setved on the Englewood City Council fran 1962
thr009h 1965 l.."ld served on the City Pla."lning and ZOning Catmission fran 1962
to 1967; and
~·119E.\S, Sanuel L. !.eve was l-tayor of the City of Englewood fran 1964 to
1965; and
~. &m.lel L. Love was a business leader in Englewood as President
of Natiooal Camera and served as a director of the Englewood Olalrber of
~rce; and
~. Sarruel L. Lcve was nationally lcnown for his achievements in
phctoqraphy; and
1\'H!::REAS, SM~uel L. Love was an active cyclist and took part in the
Arerican Lunq As!IOCiation 250-m.ile ride, a fund raiser to draw attention to
the health benefits of cycling; and
1·:7~, friends lind acquaintl\nces of S&ruel L. Love noted he was a
gentle Jl\aJ'I lotlo lewd f))glewood and ....tlo \,jOrked hard for his OCJml.U'Iity;
'0*, ~. 98 IT RESCLVfD BY 'I11! crrt CXXN:lL Cl' 'l11E CITY Cl' ~. CCUIWX> ~..\T:
In recogni icn of oon ributiona to the City and to the OCIII'I'IJI'Iity
Mde by ~ • l r •• I..ovlt, t ion of the Little Dry creek trail fran South
Clarkson SC'11th Br y in the City of !nglewood is reby the
SNIB. L. UMS QIBIN
1 ~~ c t ~. 1 8 •
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BY AlmDUTY
<XU«:IL BILL NO. l4
DmaX.X:m BY <XU«:IL
MfMIER Ja.TAY
AN (R)IfWCI!! Na!H>IJ«< TlTLB 1, QIAP'1'ER 6F, fHiLD«llO ~ICIPAL <XDE 1985, BY
'DIE Ammat C. A NDf Sll."l''Cif 11 ~ '1'0 ~ ti!DICAL ~ fEES.
MtDIWI, the ~1ewocd Fin Department ia called mnerous tiJnn &lrinq
the yur fcx ... .,..ICY Ndical transportJ and
11~, Ccuncil dllai.r\ts to ..ubliah a charge for N::h ~~HVice w.r.
transport ia fcx ncnresidlnts of the City;
tiC.W, '~!DEft~<£, B! rr a.MINm BY 'l'RB Cl'l'Y CDH:IL C. '1!11!: CITY C.
ENGL!JOD, ~. 'l!IAT:
Sacticn 1. Title 1, 0w1pter 6F, fngltlwoo4 ...W:ipal Oodlt 1985, ia
hereby ... &a by ~ a new Secticn 11 to r...s a follcw:
1-8'-llt
A. A P!Z SHNL B! OWiii!D Pelt fM!IIGD1!C"Y ..mcx, 'l'IIIIJ.aft PIOfiiliD '1'0
MY PIMCII til) IS tor A MSIJ:Bft' C. Cl'l'Y C. MJ:a«XlD. 'Da nz
!I'INLISHI!l) IHML 111 'nil \JIIUAL MID ~ OINIG& rca axx -.na
l!f 'nilS CXMUIITI.
8. A~ \ItO IS 101' A M:Smr:tr MID
'1'IWCDCitT 1r '1'111:: DG.DQJD r:uar I:DM'I,.rr
DDa1:Y fCICAL '!"JWmmCCft' P1Z
SDWICE.
c.
o.
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Published aa a Bill for an Ordinance en the 8th day of March, 1989.
Atteftl
htdCii 1. craw, Bty cr.n
htdCii R. craw
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RESOLUTION NO .
SERIES OF 1989
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A RESOLUTION OPPOSING SENATE BILL 194 RELATING TO BIDDING AND
COST ACCOUNTING FOR HIGHWAY USERS TAX FUND (HUTF) FUNDED PROJECTS.
WHEREAS, the bidding for municipal projects is a local matter; and
WHEREAS, home rule cities are beat able to determine the
proper bidding needs related to their projects; and
WHEREAS, Senate Bill 194 requires additional coat
accounting requirements and additional monetary expense to the taxpayers; and
WHEREAS, the benefit of Senate Bill 194 to the taxpayers is not clear;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OP ENGLEWOOD, COLORADO, THAT:
At
p
City Council of the City of En9levood opposes Senate Bill 194.
ADOPTED AND APPROVED the lat day of May, 1989.
.. : Susan Van Dyke, K yor
H. Crow, cl rk
%, p c 'J 0 ngl Color: cS , h ru copy o It olu on
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