HomeMy WebLinkAbout1988-03-07 (Regular) Meeting Agenda•
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Re~ular City Council Meetino
March 7, 1988
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1. Call to Order
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EN&LEIIOOO CITY COUNCIL
EN&LEIIOOO I ARAPAHOE COUNTY I COLORADO
Regular Sesston
MilCH 7 1 1988
The regul~r ~eting of the Englewood City Council was called to order by Mayor V~n Dyke ~t 7:34 p.m.
2. Invocation
The invoc~tion w~s given by Council Me.cer Koltay.
3. Pledge of Allettance
The Pledge of Allegiance was led by Mayor Van Dyke.
4 . Roll Call
Present : Council "--bers Hathaway, Koltay, Kozacek, Bilo, Habenicht, Clayton, Van Dyke
Absent : None
A quoru. was present.
Also present :
5. JUnute s
on rrt
Ctty Minager McCown
Ctty Attorney DeWitt
Assistant City Minager Vargas
City CJer Crow
Director Fonda, Utfltttes
Ofrector Ku n, Park & Recreation
Ex u tv Otrector Hfnson, UAA
A 1nt Dt or f n. f nan ce
COUIICIL I CLAYTOIII SECOIIID£D, TO
OF FOIIIUUY II, 1.... .
olttY. H thaw y, Koz c , 8tlo , , Yan Oy I .
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Englewood City Council Minutes
March 7, 1988-Page 2
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{a) Mayor Van Dyke presented the Municipal Finance Officers Association
Award for the fiscal year 1986 to Margaret Freeman, Acting Finance Director.
Mayor Van Dyke commended Ms. Freeman and the staff of the Finance Department
for their efforts toward this award. Ms. Freeman introduced Julie lucas , Chief Accountant for the City.
{b) Ja~s Gru.et, 3065 South Shenaan Street, brought to Council 's at -
tention the proble. of trash disposal which exists in the City and urged City
Council to assu.e .are control of the situation . Various ~thods of control -ling this .atter were discussed.
7. Non-scheduled Visitors
There were no non -s cheduled visitors .
8 . C~ications and Procl-tions
{a) COIIICJL ROIIEI ltOZACEIC IIDVED, COIIICJL RDII£R CLAYT. SfCCIIDED, TO
I'IOCLAIM MUCH lt, lta AS MISS DIILEMOOO DAY All) D£CLME MaCH lt TlltOUIH 2&, lt88 AS MISS DIILEMOOO SCHOLAISHIP PMEMT WEI.
Ayes : Council Me.bers kolta~, Hathaway, kozacek, Bilo, Habenicht, Clayton, Van Dyke Na~s : None
Absta i n: None
Absent : None
Motion carried. "-Yor Van Dyke presented the approved procla.ation to Wallac e
Hackling, represet~tative of Mtss EnglftiOOd Pageant . Mr . Hackling clarified
that the ca.petition was open to any young lady between the ages of 17 and 26
who lives, works or goes to school with i n the city liaits of Englewood.
9 . Consent AleNa
COIIICIL ._. IIATIIMMY IMID, CCUICIL
sm MED ITBIS t (a) "'--(t).
~:~
(c)
(d)
(e)
(f)
(g)
~hl
Minutes of the Water and r Board ... tfng of January 12, 1988
Minutes of the Englewood Downtown Oevelo~nt Authority ti of January 13, 1981
Mtnut s of the P r nd f ss ion 1ng of J nuar 14, 1988
Mlnut s o th using Aut r ty 1t88
Mlnut s of th u ry 2, 1988
M nut of th
Mlnu o h
1988
Mlnut o th
Mfnut o th
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Englewood City Council Minutes
March 7, 19BB -Page 3
Nays : None
Abstain: None
Absent: None
Motion carried.
10. Public Hearing
No public hearing was scheduled.
11. Ordinances, Resolutions and Motions
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(a) City Manager McCown presented a recoaaendation fro. the Director of
Engineering Services to adopt a Bill for an Ordinance approving the whole cost
of the t~rove.ents .. de within Paving District No. 32; said Bill would also
approve and confh'll the apportio..-ent of the District, assess costs against
each lot or tract of land, and prescribe the .. nner for collection and par-ent
of the assess .. nts. Also being reca..ended was approval of a Resolution au -
thorizing the notification of property owners of the assess .. nts, establishing
a date for a public hearing on the assess .. nts . It Is reca..ended that April
11, 1988 be established for the public hearing . Mr . McCown explained the pro -
cess which will be followed and responded to questions of Council Mellbers.
COUNCIL BILL NO . 6, INTRODUCED BY COUNCIL MEMBER KOLTAY , WAS READ BY TITLE :
A BILL FOR All OROINMC£ APPAOYING THE lltOl£ COST OF THE IMPROVEMENTS MAD£
WITHIN PAVING DISTRICT NO. 32, IN THE CITY Of £NGLOIOOO, COLORADO ; APPROVING
MD CONfiiiMINii THE APPORTic.oT Of SAID COSTS TO EACH LOT OR TRACT Of lMO IN
SAID DISTRICT; ASS£SSINii A SHM£ Of SAID COST AGAINST EACH lOT OR TRACT OF
LMD; MD PRESCRIBING TH£ MilER FOR TH COllECTION MD PA NT OF SAI D ASSESSMENT .
COUIICIL .._. ULTAY DID, COUIICIL .._. .. TMMMY SU.C, THAT COUNCil IIU •• I, SOilS Of 1-, • ~-
A1es : COUitell rs ltolt-.y , tt.tll _,, Kouc , Bll o , Habefll cM , Van Oy
r Cl yt on
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Englewood City Council Minutes
March 7, 1988-Page 4
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Ayes: Council MeMbers Koltay, Hathaway, Kozacek, Bilo, Habenicht, Van Dyke Nays: None
Abstain: Council KeMber Clayton
Absent: None
Motion carried. Council Me.ber Clayton explained he abstained from voting as he owns property within the District.
(b) Director Fonda presented a reca.endation fr011 the Bi-City Treat-
ment Plant Supervisory Co..ittee to adopt a bill for an ordinance authorizing
a Joint Funding Agre ... nt with the U. S. DepartMent of Interior Geological
Survey for the river gaging station at the Bi-City Wastewater TreatMent Plant.
Mr. Fonda explained that Bi-City 's share is SOl of the esti•ated cost. The
agre ... nt has been reviewed by the Water and Sewer Board, and the Board recom -
.ands passage of the ordinance approving the Joint Funding AgreeMent . It was
clarified that the Cities of [nglewood and littleton share the costs at -tributed to the Bi -City's share.
COUNCIL Bill NO . 7, INTRODUCED BY COUNCIL M£MB£R KOZAC£K , WAS READ BY Till£:
A BILL FOR AN ORDINANC£ APPROVING TH£ JOINT FIJI)ING AGR££M£NT B£TWHN TH£ CITY
OF £NGL£WOOO BI -CITY WASTEWATER TR£ATM£NT PLANT AND TH£ U.S. G£0LOGICAL SURV£Y
FOR THE OPERATION AND MAINT£NANC£ OF A FOUR -PARAM£T£R WAT£R QUALITY MONITOR OF TH£ SOUTH PLATT£ RIV£R AT THE £NGL£WOOO GAGING STATION .
COUICIL .,_. ICOZACEIC MOVED, COUICIL 110110 HAIDIICHT SlCCJII)O), TO AINOVE CCUICJL I ILL •• 7, SOUS Of' ltll.
~es : Council Mlllbers ltoltay, Hathaway, ltozacek, Bilo, Kabtfttcht , Clayton , Van Dyke
Notte
None
None
N_,s :
Abstain :
Absent :
Mot f on carrt ed .
CCUICJL .... ICOZACOC MOVED, COUICIL 110110 ICOLTAY UCCJII)O), TO Ill. FCNtiMID
MElD\ ITOI ll(h) • llATaU:Y CCIITUCT/CCIIIO 1£50¥011 Fill., -A1E1mA ITOI
ll(f) -IUTCHL£Y Cf*TIACT FOI LlnU OIY Cl£tl MD J .D. IIOIIt DITCHES . ~ s : Council r s ol ay, Ha h ay, Olac , Bllo, H tcht. Clayton, v Oy
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Englewood City Council Minutes
March 7, 1988 -Page 5
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council Members Koltay, Hathaway, Kozacek, Bilo ,
Habenicht, Clayton, Van Dyke
None
None
None
(i) Director Fonda presented a recommendation from the Water and Sewer
Board to approve the Blatchley contract to prepare testimony and exhibits for
the Little Dry Creek and J. D. Brown Ditches water court case for a transfer
to a comnon headgate on Big Dry Creek . These junior water rights were part of
the 1984 Abandon111ent List, which has been protested by the City. The esti -
mated budget for this work by Blatchley Associates is $4 ,000 . It wa s
clarified that the fund s for both Blatchley contracts would be paid out of the Water Fund, not the General Fund.
COUNCIL NOllER ICOZACEIC NOVm, COUNCIL NEMER HAIDUCHT SECCJti)ED, TO APPROVE
THE BLATCHLEY CONTRACT TO PREPARE TESTIMONY FOR THE LITTLE DRY CREEl All) J. D. BROWN DITCHES WATER RI&HTS .
Ayes: Council MeMbers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke Nay s: None
Abstain : None
Absent :
Motion carried. None
(c) A reca..endation fro. the Englewood Urban Renewal Authority (EURA)
to adopt 1 bill for an ordinance approving the acceptanc of a note fro. th
EURA for repay.ent of funds advanced for redevelopt~ent projects was con -sidered . Mayor Van Dyke stated her support of the Bfll .
COUNC IL BILL NO . 8, INTAOOUCEO BY ~YOR YN4 OYK , WAS R AD BY TITLE :
M yor
to al
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E LEWOOO URBAN REN AL AUTHORITY 'S NOTE FO EO TO IT FOR URBAN REN Al IMPROVEMENT PROJECTS .
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Englewood City Council Minutes
March 7, 1988-Page 6
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MAYOR VAN DYKE MOVED, COUNCIL MEMBER HABENICHT SECONDED, TO APPROVE COUNCIL BILL NO. 8, AS AMENDED, SERIES OF 1988.
Before calling for the vote, Executive Director Hinson, EURA, was invited to
address Council concerning this issue. Mr. Hinson pointed out that the note
which had been approved by EURA at its March 2, 1988 meeting obligated the
Authority to pay up to $788,000 (note attached to Council Bill No. 8). He
further infon.ed Council that if the 8111 as a~nded was approved, It would be
necessary for the Authority to also ~nd Its Resolution approving the Note.
He explained that the a.aunt of the note did not obligate Council to advance
$788,000, only that the Authority would be obligated to repay the Ctty to a
MaximuM of $788,000. Mr. Hinson was instructed by Mayor Van Dyke to request the EURA to Make the necessary amendments .
Vote results:
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council MeMbers Koltay , Hathaway, Kozacek, Silo, Habenicht, Clayton, Van Dyke
None
None
None
Council MeMber Kozacek stated for the record that he did not feel that he had
had adequate tl~ to review this utter; however, since the utter had been
carefully scrutinized by the legal attorneys on both side, he had voted In
favor of It and ca..ended legal counsels for a job well done.
(d) Director Kuhn presented a reca..endatton fro. the Parks and Recre -
ation Depart•nt to adopt a bill for an ordinance approving an agrH~~ent
bet en Arapahoe County and the City of Englewood concerning the use of lot -
tery funds for construction of a pedestrian bridge In Belleview Par . Mr .
Kuhn explained that the esttuted costs to construct the bridg ar $35,000,
$19 ,000 of which will be fro. Arapahoe County lottery funds, and th addit ion-
al $16,000 fro. the PIF fund balan ce for Belleview/Miller Park tMprov nt s.
He further explained that Arapahoe Coun ty will have the right to ex l ne u -
pendttur s on th br i dge proj ct, Inspect th project, and as part of th
agr nt, the City will place a plaqu on th brldg acknowledging h Coun -ty's contribution t ard th proj t .
READ BY Till£:
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Englewood City Council Minutes
March 7, Jgaa -Page 7
Nays: None
Abstain: None
Absent: None
Motion carried.
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COUNCIL MEMBER ICOZACEIC MOVm, COUNCIL MOllER ICOLTAY SECOII)m, TO IRING FORWARD
AGENDA ITEN (j) -USE OF RECREATION COOER FOR AFTER PRell PAin ON MAY 14,
Jg88, MD AGENDA ITEN (k) -IOLF COURSE CONCESSION CONTRACT.
Ayes: Council Members Koltay, Hathaway, Kozacek, Bilo,
Nays: Habenicht, Clayton, Van Dyke
None
Abstain: None
None Absent:
Motion carried.
(j) Director Kuhn presented 1 reca..andation fro. the Parks and Recre -
ation Co.ission to approve use of the Recreation Center for Englewood High
School After Pro. Party on May 14, 1988 . He explained that the school would
be providing supervision, the City would provide two staff llellbers, ~o~ith an
approxiute cost of $140 to the City. It was chri fled that the use of the pool was excluded .
COUNCIL 1010 CLAYTON MOVED, COUIICJL 1010 ICOZACEIC SECOII)Q), TO APPIOVE TIE
USE OF TIE EIREMOCID I£CI£ATJOII COOEI AS I£CCIImll£D IY TIE PARitS AM) 1£CIE-ATION COIIU SSI ••
Ayes :
Nays :
Absta in:
Abs nt:
Motion carried .
Council .....,.rs Kolhy, Hathaway, Kozacek, Bllo, Habenicht, Clayton, Van l)yke
None
None
None
(k) COUIICIL 1010 CLAYTc. IIM:D, COUIICJL lDZACEit SlCOIIDO, TO
TAIL£ MOGA ITOI 11 (k) -IOlF COUISl COIIC£SSI• LEAS( AM) AII£DIOff FOI FUI · TIER STUDY.
Ay : y, t.
Engl.-ood City Council Minutes
March 7, 1tl8 -Page 8
RESOLUTION NO . 10
SERIES Of 1988
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A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND .
CCIUIICIL ..a HATIWIAY NOVm, COUNCIL MERIEl lOZACEIC SECCII)ED, TO APPROVE
IESOLUTJOI 10. 10, SERIES OF 1988. It was explained that this ite. had been
discussed In length at the study session and that the study session, which
precedes the regular .. eting, is open to the public . Vote results:
Ayes:
Nays:
Abstain:
Absent :
Motion carried.
Council Me.bers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
None
None
None
(f) Acting Director Free.an presented a reca..endation fro. the Finance
Oepart .. nt to adopt a Resolution establishing the Property and liability Ex -
cess Insurance Fund . Ms. Fre ... n explained the background of the previously
approved purchase of property and liability insurance fr011 Colorado Inter -
govern.ental Risk Sharing Agency (CIRSA) with S100 ,000 per event deductible as
opposed to Sl,OOO per event deductible. She further explained the direct
savings to the General Fund which will be realized fro. this concept. Of the
lt88 Insurance budget (S533,887), S186, 144 will be paid for Insurance pretll -
u.s, S298,47t will be transferred to the Property and Liability Excess In -
surance Fund and S4t,264 will be returned to the General Fund Fund Balance.
The Property and liability Excess Insurance Fund will be used to pay clai•s
above S1,000 and up to 5100,000 . She reco..ended approval of the Resolution
establishing the Fund . Ms. F~n responded to questions of Council.
RESOLUTION NO . 11
SERIES Of 1988
A RESO UTION £STA8 ISHI THE PROPERTY MD IAIILITY £XCESS INSURANCE FUNO .
. ti
IILO ROVtD, COUitll
IES OF ltll. Cou
r V n Oy
lOLTAY SECOIIQ, AHIOVAL OF lESOlU ·
xpresstd h s opposition
r Clayton aled tr
, lllo, H tell •
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Englewood City Council Minutes
March 7, 1988 -Page 9
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interfere with the rights of municipalities to determine their own operations
and manage.ent of its projects . He felt it would behoove Council to show its opposition to the Bill.
RESOLUTION NO. 12
SERIES OF 1988
A RESOLUTION OPPOSING ADOPTION OF SENATE Bill NO . 168 WHICH WOULD ESTABLISH A
PROTEST PROCEDURE FOR UNSUCCESSFUL CONTRACTORS WISHING TO CONTEST AWARDS OF
CONTRACTS FOR PUBLIC PROJECTS.
COUIICJL IIJO.El IILO IIJOVED, COUIICJL IIJEIIJIEI ltOZACEit SECONDED, TO APPROVE RESOLU-
TJOIIJ 1110. 12, SERIES OF 1988. Council Metlbers Habenicht and Clayton stated
their support of the Resolution; it was pointed out, however , that Senate Bill
No . 168 did not relate to IIUnicipal projects but to public project s. Vote results:
Ayes :
Nays :
Council Me.bers Koltay , Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
None
Abstain : None
Absent :
Motion carried . None
12. City IIJana .. r 's leport
"r . fkCown dtd not have any utters to bring before Council.
13. City Attorney 's Report
"'. O.Wi tt provided Council with a report concerning landlord/tenant relation -ship of the Englewood Housfng Authority .
14. llneral Discussion
(a) M~Jor 's Chofc
M yor Y n Oy did not av any tt r to bri
,, 1111
or Council .
2 c ston
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Englewood City Council Minutes
March 7, 1988 -Page 10
Absent: None
Motion carried.
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COUNCIL MU.El HATIWIAY IIOVED, COUNCIL MEMBER ICOZACEit SECCII)ED, TO APPOINT
MELODY KOLLATH TO All EXPIRED VACAIICY ON THE ELECTION COMMISSION, SAID APPOINT-
MENT RETROACTIVE TO FEIRUARY 29, 1988, TO EXPIRE FEBRUARY 1, 1992.
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council Me.bers Koltay, Hathaway, Kozacek, Silo,
Habenicht, Clayton, Van Dyke
None
None
None
Council Mellber Hathaway c~nted that this ce~~~pletes the appoint•nts to
Boards and c.-tssions; howver, she stated there are a few other legalities
concerning appoint.nts which Council would be considering in the future .
(it) Council Mellber Bilo requested that Council review the
residential per.it parking syst .. and associated fees. Staff was directed to
provide Council with 10111 options to consider .
(iii) Council Me.btr Haben i cht stated she had attended the recent
Police Award cere.onies and was very i.,ressed with the presentations .
(tv) Council .....,.r Kozacek requested that Council schedule a dis-
cussion of the tnfor~~~tton he provided U•• concerning Senate Btll 61 .
15 . Adj~
CCIUIICIL .._. UZACIX .WO TO .... The .. ttng adjourned at 9:15 P·•·
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1. Call to order.
2. Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MARCH 7, 1988
7:30 P.M.
3. Pledge of allegiance.
4. Roll call.
5. ,.inut••·
I (a) Minute• of the regular ... tinq of Feb ary 16, 1911.
n J" ,,J 1/J 1
6. Pre-Scheduled Vi•itor•. (Plea•• 1 ait your pre•entation to
ten ainut••·>
(a)
(b)
Mr•. ICaZ'9aret rre ... n, Actinq Finance Director, will be
pre•ent to receive the lftanicipal Finance Ofticere Aa-
•ociation Award.
Mr. J ... • Gnmet, 3065 Iouth lherwan ltr .. t, will be
preeent o di•cu•• City pride, code entorc ... nt, halt-
w y bou••· and graveled all•Y•·
1. Non-chedul Vi•itora. (Pleaae liait your preaentation to
five ainut •·)
1. C unic ion• n4 Procl ... tiona.
a Mia• EncJl
aa Mb• lnCJl
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·City council Agenda
March 7, 1988
Page 2
9. con•ent Agenda.
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(a) Minute• of the Water and Sever Board aeeting of January
12, 1988.
(b) Minute• of the Englewood Downtown Developaent Authority
aeeting of January 13, 1988.
(c) Minute• of the Parka and Recreation co .. i••ion aeeting
of January 14, 1988.
; ' (d) Minute• of the Englewood Hou•ing Authority aeeting of
'
January 27, 1988.
(e) Minute• of the Planning and Zoning co .. i••ion aeeting of
February 2, 1988.
(f) Minute• of the Urban Renewal Authority .. eting of
February 3, 1988.
(g) Minute• of the Liquor Licen•ing Authority .. eting of
February 3, 1988 •
(h) Minute• of the Public Library Advi•ory Board of February
9, 1911.
( i) Minute• of the Election Coaai•aion ... ting of February
17, 1911.
10. Public Hearing.
11. Ordinancea, Reaolutiona and Notiona .
{a) Re co n4ation froa the Director ot Engineering service•
to adopt the following:
ole coa
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City Council Agenda
March 7, 1988
Page 3
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(b) Raco .. andation fro• the Bi-City Traat.ant Plant Super-I 1 viaory co .. ittaa to adopt a bill for an ordinance au-0 ~ t thorizinq a Joint Fundinq Aqra ... nt with the u. s. oe-•1 . part•ant of Interior Geoloqical Survey for the river
f/}J,I 1 1 •• )l)aqinq atation at the Bi-City Waatawatar Traat.ant
. 4, \I f 1 Plant.
(c) Raco .. andation fro• the Urban Renewal Authority to adopt ~ 'f. ~~ ~ a bill for an ordinance approvinq the acceptance of a
•'"', ~ r ..., '\~· -n v -·/ nota fro• the EURA for rapa~nt of funda advinc~.for
, 1 ( 1 radavalo~ant projacta. J·t ,l 1 J 1 ~··
,
(d) Raco .. andation fro• the Parka and Recreation Departaant /
to adopt a bill for an ordinance approving an a9ra ... nt
between the Arapahoe County and the City of Znqlawood
concarninq the uaa of lottery funda for conatruction of
a padaatrian brid9• in Belleview Park. I . 1-/Lt
't (/,(1
~> (a) Racoaaandation
tion approvinq
Bud9at for the
1989.
fro• the City Kana9ar adoptinq a Raaolu-
tha Six-Quarter Public Iaprov ... nt Fund
period of Januarr, 1911 throu9h June,
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(f)
•)l{
(9)
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(h)
Racoaaandation fraa the
Raaolution aatabliahinq
c, .. Inauranca Fund.
Raco.aandation to adpPt
Bill lfo. 161. · I !•
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Depart.ant of Finance to adopt a
the Property and Liability zx-
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a reaolution oppoainq senate t
Racoaaa.ndation troa the Water and sewer Board to approve
the Blatchley contra ct to prepare taatt.ony and axhib~ta
for obtaininq a conditional decree for tba Co.o '
Raaarvoir.
(i) Raco.aandation troa the Water and Sever Board to approve
the Blatchley contract to prepare teatl.ony and axhibita
tor the Little Dry Creak and J. D. Brovn Ditchea Water
Cou c • tor r n fer o a c n b d9ate on 119
Dry Cr
12. c y
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City Council Agenda
March 7, 1988
Page 4
14. General Diacuaaion.
(a) Mayor'• Choice.
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(b) Council Meaber'• Choice.
( 1) Reco ... ndation to approve appointaent• to the
Plannin9 and Zoni~ Co.ai••ion and the Election
Co.ai••ion.
15. Adjournaent. I j (J.!j ,h
Andy McCown
City Mana9er
AM/ab
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1t '-o
1 //fLj 1 f,<//.J /
,/ ;lj_, ....;,; ..
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P R 0 C L A M A T I 0 N
',/IIERCAS , charm, poise, good manners , intelligence, talent,
dignity, b ea uty, and personality should be honored in all; and
IHICRE G, the Miss Englewood Scholarship Pageant does
distinqui h those who have cultivated, developed, and continue to
grow in those ~ual itieo which epitomize the best of young woman -hood; and
IIIIERF.J\S , the Hiss Englewood Pageant is dedicated to
furtherjnq thP educa ional opportunities for the young women of
Englewood by a~ rd1ng educational scholarships ; and
1/llf:RI'AS , h e Miss Englewood Scholarship Pageant for 1988 1s
spon ored by h City of Eng lewood Chamber of Commerce and will
be h ld :la rch l!l, 1968 ;
r~m;, Turnc OnE, I, SUSAt VAN DYKE, Mayor of the City o f
Cngl wood, Colorado , her by procl 1m March 19, 1988 a
MISS !HGLEWOOO DAY
nd d cl r t rch 19 hrou h 26, 1988 as
HISS E NGLEWOOD SCIIOLARSBIP PAGBAII'f WEEJt
ngl wood, Colo do.
r y h n nd s al h 7 h d y o M rch, 1988.
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1. Call to Order
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EN&LEVOOO CITY COUNCIL
EN&LEWOOO I ARAPAHOE COUNTY I COLORADO
Regular Session
February 1&1 1988
The regular meeting of the. Englewood City Council was called to order by Mayor
Van Dyke at 7:35 p.m .
2. Invocation
The invocation was given by Council ~r Koltay.
3. · Pfedge of Allegiance
The Pledge of Allegiance was led by Mayor Van Dyke.
4 . Roll Call
Present: Council ~rs Hathaway, Koltay, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
Absent: None
A quoru• was present.
Also pr sent:
5. Mtnutes
(a) c IL
APNO¥ THt MIIIITES OF
Ay s :
6. ul V tor
City Manag er McCown
City Attorney DeWitt
Asststant City Manager Vargas
City Clerk Crow
Police Chief Hol s
Acting Director ns. C nlty Oevelo~nt
Y K~OIDED1 TO
oz , 11lo,
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Englewood City Council Minutes
February 16, 1988 -Page 2
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(a) Ms. Connie Daviet, representing the Greater Englewood Chlllber of
Commerce, presented infon~ation concerning 1 resolution endorsed by the Ch .. -
ber 's Board of Directors in support of legislation to enact privatization of
publ i c transportation for the 111etro basin area. Copies of the report were
prov i ded for Council's review . Ms. Daviet also provided for Council 's review
copies of a memorandum stating the Cha.ber 's support of leg i slation to curtail
unfair competition between the private sector and tax -favored entities .
7 . Non -scheduled Vtsttors
There were no non -scheduled visitors .
B. ~tcattons and ,.ocl ... ttons
(a) CCUI:JL fiDIIEI ICOZACDC IIWED, COUIICIL fiEJIIO CUYT. SlCCII»ED, TO PIOCLAUI Tit[ NGifTH Of FOIIMIY AS MEIICM HIST.Y NalfTH . ~es: Council .....,.rs ICol tay, tt.thMNy , Kozacek , Btlo , Ha benic ht, Cl ayton, Va n Dyke
Non e ·
None
None
Nays:
Abs ta in :
Ab se nt :
Motion carrfed .
(b) COUIICIL fiEJIIO IIATMMY IIWED, COUIICIL fiEJIIO IILO SUCIID, TO
PIOCLAIN 111[ !«DC Of Fu.wty U -n, 1., AS EMI 00. ... IC SC1D1U I«B . ~es : Council .._.rs kol t-.y , Hath ay, Ko za cek , Bflo, Habenic ht , Cl ayton, Van Dyke None
Non
Nays :
Abstafn :
Absent :
Matton carrfed . None
(c ) COUIICIL fiEJIIO ICOUAY IIWED, COUIICJL fiEJIIO NAIDIICMT SlCCIID, TO
PIOCLAIN I til AS 111[ 101•1 Of A DUaD( Of PUCr II r.t 00..
A,y s: Councn rs koltay , Hath ay, ouce , lflo , Ha nfc ht , Clayton , Van Dy
lo,
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'Englewood City Council Minutes
February 16, 1988 -Page 3
COUNCIL MEMBER HATHAWAY MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO ACCEPT CON-
SENT AGENDA ITEMS 9 (a) THROUGH (g) AND TO ADOPT CONSENT AGENDA ITEMS 9 (h) AND 9 (i).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(I)
Minutes of the Englewood Housing Authority meeting of December 8, 1987
Minutes of the Board of Adjustment and Appeals Meetings of DeceMber 9, 1987 and January 13, 1988
Minutes of the Urban Renewal Authority meeting of January 6, 1988
Minutes of the Election Commission meeting of January 14, 1988
Minutes of the Planning and Zoning Cownission 111eeting of January 19, 1988 .
Minutes of the liquor licensIng Authority MeetIng of January 26, 1988
Municipal Court Fourth Quarter and Year-end Activity Report for 1987
Ordinance No. 4, Series of 1988, Introduced by Council Metlber
Kozacek -AN ORDINANCE APPROVING SUPPLEMENT NO. 110, TO SOUTHGATE
SANITATION DISTRICT 'S CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLE -
11000 TO INCLUDE AOOITIONAL LAND WITHIN ITS DISTRICT BOUfi)AAJES
Ordinance No . 5, Series of 1988, Introduced by Council Me.ber Hath -
away -AN ORDINANCE AUTHORIZING AMENDMENT TO CONTRACT WITH REGIONAL
TRANSPORTATION DISTRICT CONCERNING BUS PULLOUTS ON SOUTH ELATI
STREET BETWEEN U.S. 285 AND FLOYD AVENUE IN THE CITY OF ENGLEWOOD, COLORADO
Ayes : Counctl rs Koltay , Hathaway , Kozactk, Bilo, Habenicht , Clayton , Van Dyke Nays : None Abstain : None Absent :
lion cerrftd . None
10 . "'bt tc Htartnt
o publtc h rng IS SC ultd .
11. Of'd 1\tr'ICt ' o 1 utt ons and tton
I
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Englewood City Council Minutes
February 16, 1988 -Page 4
COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE VACATING A PORTION OF THE RIGHT -OF -WAY IN THE 3500
BLOCK OF SOUTH JASON STREET , IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE,
STATE OF COLORADO.
COUNCIL MEMBER IILO MOVED, COUNCIL MEMBER KOLTAY SECONDED, PASSAIE OF COUNCIL
IILL MO. 4, SERIES OF 1988.
Ayes : Council Me.bers Koltay, Hathaway, Kozacek, Bilo,
Habenicht , Clayton , Van Dyke
Nays : None
Ab s ta i n : NoAe
Absent : None
Mot i on ca rri ed .
(b) The rec ~ndat i o n fro. the Ci ty Manage r to adopt a resolution ap -
pro vi"9 the Six-quarte r Publ ic IIIProv tMnt Fund Budget for the period of
Janu,ry, 1988 , throug h June 1989 was considered_.
COUNCIL MOllER HATHAIMY lltVED, a..:IL MOllER KOZKEX SU.U, TO TAILE MDI -
DA ITEM ll(a.) -A llSOWfl• --~· TIE PUIUC JIIIPLOWEMIIT ,._, Counc il
Metlbe r Hathaway s tattd that Council had not had the opportuni t y t o thoroughly
discuss the rec~nd at ion.
Ayes: Counctl Mellbers Kolt ay, tt.thaway , ltoucek, Ha benicht,
Nays:
Abs ta in:
Absent :
Motion carritd .
Cl ayton
Council Mellbers Bilo, Van Dyke
11oM
None
(c) A request for a special appropriation of Sl,OOO to seftd two spo~t -
sors to the National Law Enforc nt Explorers Conference tn loston w.s pres -
ented by Police Chttf Hol••· Chtef Hot s res~ to questions of COUftC11.
The funding source was dfscuued . Chief HolMs conftr.td t ha t the IIOfties
could be allocated fro. the Police Bud9tt.
COUNC IL
TWO
F
12 . City
C y A
1
I.OlTAY S[C.U, TO AHIDWt Sllel
Tl DPUID C:.·
usstcf.
• lllo , Y
tc • Cl ton
t1 . •
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Englewood City Council Minutes
February 16, 1988 -Page 5
Mr. DeWitt did not have any matters to bring before Council.
14 . General Discussion
(a) Mayor 's Choice
Mayor Van Dyke did not have any matters to bring before Council.
(b) Council Member 's Choice
( i) COUNCIL MEMIER HATIWIAY IIOYm, COUNCIL MOllER IILO SECOII)m,
TO VITIIMWI TH£ APPOIIITMEIIT OF SAII)Y IEOitl[ AS A ltEMIER OF THE PLAIItiN& All)
ZONING COIIUSSIOih All> TO APPOINT SAII)Y IEORIE TO THE IOARD OF AD.JUSTJIIDIT All>
APPEALS, RETIOACTIYE TO FEBRUARY 1, 1988 TO A TERM EXPIRIIIG FEBRUARY 1, 1990,
FILLING THE YACMtY CllEATm IY THE ll£SIMATIOI OF HINAID IICMI.
Ayes: Council "--bers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
Nays : None
Abstain: None
Absent : None
Motion carried .
( i ) Counc 11 Metlber Kozacelt requested the Ct ty Manager to prov t de
.,,... ldvance not ce and tnfol"llltton to Council .tten presenttng it•s for thetr
cons derat on n of"der that the Council .....,.rs lilY better evaluate the
nfo!"lllt1011
c ll
r ltlo requested the Ctty Naneger to state what
u a re1ult of COUftttl tabltng the re1olutton .ending
-.~-Hit fund . Mr . eo-did not fHl that any of the stx-
ld t11 jeopudy tf the 111tter ca11 be constdered at the
. It wa s SUfteSled that .,,... effort • INde to include
s 111tt rs at t study session .
at 1 :40 p.•.
I
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P R 0 C L A M A T I 0 N
'.lllER CAG, charm, poise, good manners , intelligence , talent ,
dignit y , b ea uty, and personality should be honored in all ; and
lnirR EAD, the Miss Englewood Scholarship Pageant does
dis tinquish t hos who have cultivated, developed, and continu to
g r o~ i n t hos q u a li ien which epitomize the best of young woman-hoc ; and
\II!ERf:/\S , t he 1is s Engl wood Pageant is dedicated to
furtherjn h due io n 1 o ppor unities for h young worn n of
Englewood by w r d1ng due ion 1 scholarships; and
\II!f:RI : , he li ss En g lewood Scholarship Pag ant for 1988 is
sponsored by hr C1ty o f Englewood Chamber of Commerce nd will
h ld ila rch 19 , 1 88 ;
r~o: , 'fll ru.FO!lE , I, SU SAr VAN DYKE, Mayor of h Ci y o !
Lngl wood, Color do , he r b y procl 1m March 19, 1988 s
MISS DAY
n 19 , 1988 as
HI
ln h C1 y o o .
C I\' ut r h n nd 1 l h 7 h d y o t re , aa.
Su
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WATER AND SEWER BOARD
MINUTES
January 12, 1988
Conference Rooa A
The aeetinq waa called to order at 5:03 p.a.
Chairwoman Gulley declared a quorua preaent.
Heabera preaent:
Haabara abaent:
Alao preaent:
Van Dyke, Habenicht, Kozacek,
Realey, Fullerton, Gulley, Lay,
NeUJUU\1\
Nona
Stewart Fonda, Director of Utilitiea
Mike Woika, Utilitiea Kanaqer
Rick DeWitt, City Attorney
Joe Toa Wood, Conaultant
David Bill, Water Atty.
Barley leek, Campbell !atate
Rutb Guacott, Caapball !atate
1. IIIJIU'l'U or TD MCaCBD 1, 1111 ICEftnro.
The ln9lavood Water and sever aoarct ainutea of tbe December 1,
ltll ... tinv v.re approved •• written.
Mr. Fullerton aoved,
J(r. eley • Onded: r I, 111
Ay
I
Lay,
ay-.t
re 0
ion nl I
(
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2. 4 5 01 S . DBLA HAR . -UTILI TY LI NE VA I ANCl:
Mi k e Wo i ka revie we d t h e u t i lit y line s it at i on c r eat ed by t h e
Ca mp b ell estate !or the r e s idences at 45 01 s. De l aware and 430 w.
Stanf ord Ava. The Board d e termined that the existing tap belongs
to the residence at 4501 s. Delaware. It was proposed that a
lien be placed against the residence at 430 w. stanford Ave. and
that the lien would be due and payable within 10 years or when
title is transferred, whichever one comes first.
Mr. Fullerton •ovad;
Mr. Xozacak seconded:
Nays:
Ma.bera absent :
Motion carried.
To fila a lien on the residence at
430 w. Stanford Avenue for the water
and sewer linea needed for
separation fro• the service line at
4301 s. Delaware. The lien will be
due and payable within 10 years or
when title is transferred.
Van Dyke, Habenicht, Xozacek,
Raslay, Fullerton, Gulley, Lay,
Nau.ann
Nona
Nona
3. IOO'l'IIGATK S OPPLDIDT 1110
A request vas aade by the south9ata Sani tation District for
i nclusion into the Soutbvate Sanitation District service area .
Suppla.ant 1110 i s !or an area approxiaately l. u acres. Tba
property is rea i dential lot currently on a septic systea. Tbe owner is Tba.as G. and Jane L . lloore .
llr' .... l ay~~
Kr. Pulla rton -.condeds
Ay ea
ion
To r eco•and Council a pprova l of tba
Soutbfate Sanitation Diatrict
suppl t uo.
Van Dy ke , icbt, Joaa ,
... l ay , Pulla rton, Gulle y, Lay,
•• liMNl
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I. WArER RIGHTS DISCU SI ON
stewart Fonda reviewed the history of the Englewood water rights.
Joe Tom Wood evaluated Englewood's options if the current ruling
on the Petersburg Ditch is upheld in appeal court.
David Hill discussed water rights diversion and how diversion
aaounta were deterained along with current changes in water law
and the effect on other aunicipalitiea.
Stewart Fonda diacuaaed Boreaa Paaa righta.
5. BI-CITY EXECUTIVE SUMMARY
An Executive Suaaary, coapiled by Brown and Cauldwell, for the
Bi-City Plant waa distributed to the Board. The report will be
diacuaaed at the next Water and Sewer Board aeatinq.
6. WATER AND SEWER BOARD VACANCY.
City Council will be acceptinq application for the Water and
Sewer Board vacancy created by Judd Lake's reaiqnation.
The -etinq adj oumed at 6: 6 !5 p. •.
The next Englewood Water and Sewer Board .. etinq will be held
TUesday, February t, ltll at !5:00 p.a. in Conference Rooa A.
aeapectfully aubaitted,
cathy ~·ve
aecorc11ft9 aecretary
lbglMIIOOd Water ancl ...,_ aoarcS
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ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
3535 South Sherman-Enalewood, CO 80110
Hinut s
January 13, 198
Bo rd Members Pres nt: Boa 111, Ciancio, Col
P ndleton, T ~ ka
n, Gr n, Hathaway,
Board ab ra Abe nt:
Cu ta nd Vl itor
H l , HU r
P nny A. Die rich
r othy Dalqutat, Al x ndra Hab n1 ch , Dick
Htn n
t Aut or1ty ard
at l2:U p.a.
Minutes
January 13, 1988
Page 'l'wo
•
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Also, Mr. Green noted that Nick Hilger, Chief Executive Officer from
Swedish Medical Center, has been appointed to the EDDA Board of Directors
by the Englewood City Council. lie noted the importance of the role that
the medical faciliti s has in the downtown district, and Mr. Hilger is
a w lcom addition to the Board.
DIRECTOR 'S REPORT
1s a huttl
uld conn
• could b
a co~tn t1
Di trich reported on a
11 City, Sw di h Medical
r gardin
Sh present d thre
downtown district. First,
xt nd d to Laf y tt (pr -
This roule curr ntly co s
r • th ast and th n w at
d wn-
Minutes
January 13, 1988
Page Three
•
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Englewood Marketplace -He indicated that several of the stores in this
project will be opan by Aul!ust, 1988. These include Children's Palace,
Pier I, Checkers Auto, So Fro Fabrics, and several small restaurants.
Lincor -Work is progressing very well towards a closing date for the ~ development.
Little Dry Creek -Work should be completed on the Little Dry Creek a•nity
in the downtown by August 1, 1988. This will be one of the aoat exciting
features of th entire redevelop•nt project.
rontology Center -The EDD4 received a request for funding towards
operational coats of the shuttle aystea of the Cerontolo•v Center. Att~r
disc ussion, it waa not d this kind of coat vaa not in keeping with the purpose
and oala of the Downtown Develo~nt Authority. The Board noted the
ex ell nt rk accoapliahed by the Sw dish C rontology Center, but it
could not , at this ti•, contribute to th e costa. Th Oir ctor will
c .-unica te th thoughts to th C nter.
Progra11 -
n xt few nth •
, !aay Shoppin ,
r location in t ••
d th da that will
ah vfll hav fly ra
distribution at th
lei
t 1: 0 , .••
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Englewood Parks and Recreation Commission
Minutes of January 14, 1988
The regular monthly meeting of the Englewood Parks and Recreation Commis -
sion was called to order at 5:30 p.m. by Chairman Poole at the Englewood
Municipal Golf Course Clubhouse.
Members present: Bradshaw, Braucht, Gomes, Neyer, Poole, Vanderleest,
Wiggins, Hathaway (alternate), Kuhn, ex officio
Me.bers absent: Higday, Hoyt
Also present: Ji• Kavinsky, Parks Supt.
Ti• (avanaugh, Parks Supv .
Don Allard , Golf Course Manager
Chai~n Poole asked if there were any additions or corrections to the
Minutes of Nove.ber 12, 1987 . There were none . A .ation was ••de and secon -
ded that the •inutes be approved as presented . The .ation passed .
Alternate Ca..ission ..-ber Hath~ entertd the ..eting at 5:32 p.•.
Director Kuhn Introduced Don Allard, Golf Course Manager, to the Ca..ts -
sion . Allard wa s selected to ftl l thts ly created position t n Nove.ber , 1987 .
Ca..issloners Braucht and Neyer entered t ..et ng at 5:36 p .•.
Parks Supt . Kavlnsky Introduced T • Cavana to the Ca..lsslon . Tl• wa s
h i red to fill t recently vacated posit i on of Par s Superv sor .
Par Supt .
"
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Director Kuhn reported that the parks staff is working with the State
Highway Department with regard to the develoPMent of Little Dry Creek in con-
junction with their design of a bike trail that will run through Cushing Park
and under Santa Fe Drive to tie in with the path on the West side of Santa Fe.
In addition to the bike trail construction, the highway departMent will slope
the area and plant approxi•ately 130 trees. An irrigation syst~ will be in-
stalled to get the trees started but will then be discontinued to allow trees to live in a native environ.ent.
Kuhn explained that the highway depart.ent will ••ke channel i~rove.ents
at Dart.outh and Santa Fe which will include 4 to 1 sloping, a concrete lined
channel botto., with boulder and rip rap sides to stabilize the slopes. The
flow channel will be 16 to 20 ft. wide. Kuhn stated that the highway depart -
ment is planning to put up a structure in the area along the creek at the
Cushing Park property line to control water flow. Kuhn stated that an 8ft.
deep pool of water for.s •t this point on the creek and it -.y attract kids to
swi• in that area . In addition to signage to help alleviate the danger, Kuhn
has requested the highway depart .. nt to put up a 6ft. chain link fence around
the structure and stair step type walls in the channel end with rungs in the pool aru walls .
. K~hn stated that with reconstruction of the Santa Fe and Dart.outh inter -
change and develoP~ent of Little Dry Creek thrOugh Cushing Park, it will be
necessary to rebuild the entrance to the park and he is reca..ending, for
traffic safety .. asures, that all parking facilities for the park be .oved to
the south side of the park off of £ast-.n Ave. The present nu.ber of parking
spaces on the North end of the park will be duplicated with construction of the new lot .
Director Kuhn reported that Orris Saunders ' ter. of office on the Malley
Center Trust Fund Co.ttt expires In April, 1988, and that Mr . Saunders has
expressed that he llfOuld 1 ke to be reappointed for another ter. of three
years . Co.issioner Go.es ..0. a .ation, seconded by Co.i s stoner W ggin s, o
r ec nd reappoint~~~nt of Orr s Saunders to serve on the Malley Center Tru s t
Fund Co. ttee for a three -y ar ter. to expire on April 20, 1991. The .at i on passed .
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Commissioner Neyer commented on the large percentage of outside home
Christmas lighting this past season and the possibilities of bringing back the practice of lighting coapetition.
Director Kuhn reported that the •iniature golf course proposal will be
presented to City Council on January 18, as will the proposal for park use
fees for day care centers. Kuhn stated that the proposal for the construction
of driving range lights at the golf course will be considered by Council in the neu future .
Ca..issioner Goles suggested to the Ca..ission that ~etings during the
winter .anths be held at City Hall rather than the golf course since the
weather prohibits the course fro. opening to the public, and for the conces -
sionaire to open for the Co..lssion ... tlngs Is costly. Following discussion,
Ca..issioner &oles -.de a .atlon, seconded by Ca..lssioner Neyer, to hold Ca.-
•tssion ~ttngs at City Mall fro. October through March and to ~et at the
golf course clubhouse fro. April through Septe.ber in order to cut the conces -
sionaire's expense of opening the clubhouse one evening per ~th during
winter .anths for the Ca..ission ... tings . The .ation passed with one oppos -ing vote fro. Ca..isstoner Bradshaw •
. C~tsstoner Meyer reported that he received the results of a survey,
resulting fro. a T011111 Meeting held In October 'at Sinclair Middle School,
wherein the youth at Flood and Sinclair Middle Schools wre asked In wtlat rec -
reational activities they would be Interested in participating . Ca..isstoner
Vanderleest stated she has heard that the students at Flood and Sinclair would
like to ca.pete with other schools Instead of only each other and asked tf
there ts a way to broaden the sports ca.petttlon for the two schools . Direc -
tor Kuhn stated he had discussed this with Recreation Supv. Ballard and they
are working to add other schools to the after school sports Pf"'9r•.
There was .uch dlscussfon with ~ard to the difficulty In organizing
activities for •lddle school ate youth In which they would be Interested In
participating . The Ca..issfon tgreed that a •dtve -ln• (.avle In t pool)
•tght be worth checking In to . Director It stated he would work with t
recreation staff and work up s-details for stafftl'g, ~t~Propr l ate •vie,
safety, tl•lng, effectlv ad~rttslng, etc ., and 1 proposal tot Co.-
•lsston at the next ttng tn February .
ttng wa s adjou at 8 :00 P·•·
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ENGlEWOO D HOU S ING AUTHORITY
Bo<.>r d c•f r:'ommissioners
Reg u lar Meet1ng
Janu a r 27, 1988
The Regular-Meet1ng of the Engl-.ood Housing Authority
Board of Comm1ss1oners was c allRd to order at 7:20 P·•·
on Janua•-v 27, 1'~8 8 , at Si~n Center, 3333 South
L1ncoln Street, Englewood, Colorad , 80110, by Chair•an
Tt,omas J. Bu rns.
Th _ •••n
Tt>oma • Burns, Cha1 r "'an
Pr dlev ~~ g. Vace Chaar••n
rle n Pa l-.r, Co .. a ss 1oner
ay lan, CO-l SSlone
ar
Alan M. F•tnsteln, EMwc. D1 r t or
1'1 r A. van. R ordang re ary
I .
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1• YISJT J;c;
v.
Thare w re no v 1 s1 t ors sch du led or unscheduled who
a te1d d the Regul ar Me 1ng of th Engl wood Hou s 1ng
uthor 1ty B~ar d of Co mm1 s sioners h ld Janua ry 27. 1988.
DIR _rTOF' R PO T
r pOl-d tha Nrov mber nd
by the St tu ports prPsen d
held J nuar y 27, 1988. I
H h d
I .
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r~: •, r R-"'gt•l to;-Mpet1 n n
•) f""
\!I .
Co mm JSS J o ner Palmer questioned the poss1bility of
app o inting a ~estgnated alternate for her in the event
she might not be able to attend the Rehab Loan
Comm1ttee Meetings. It was dec1ded by the
Commissioners that rather than appoint designated
alternate, 1t ~o~ottld be more advantageous to resch@du lv
the Rehab Lc•an Committee Meetings for a s;et ti~~~a each
lll ·n h t o factlltate ttendance planning by he llle~ers.
Th Reh b Status Report was discussed oncerning Rehab
Lo ?n N • S and ins ituting foreclosure proce dings on
e nrop r t y t n n der to force the o •ner o bring the
lc• n up -to -da e. It was the uggest1on of the
Co -I ss l o f'l n o that a letterr s1gned by Tho111as J. Burns, r h~1r n. b wr i ten to Rehab Loan r e c ipiern s who are
~ltno~ent on heir loan payments, tndt c attng e Bard
n f r ,-.. ..,. 1 s s t o n r s want EHA s taff o s ho .. J s c au s why
f nr r-Jr•s tor e p rot' ed l ng s s hou ld not be 1n1 1 d.
A. • • 0 o.
He t!'Jg R 1 S o f Off1 c o f
!"' nt •
I .
~ ::, R rt.-R eg11l;;>.r Mee t ,ng
' 1 -:> '88
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B88E __ ~n~!2~ Discussed as to whtch units were
curren tl y being o ffered for sale. A recent
aoora1sal 1nd1 c ated a new s ell1ng pr1 ce f or 3034
Sc•u th Ga l apag • o f $45,000 . The CO-ISSIOners wer e
s led by he E-ec utlve D1rect or t o g1ve d1 rec 1on
a _ to wh t s hould be d o ne w1th th1s un1t in l1ght
o f the w appra i s ed value. Suggestions offered
we rP :
I .
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~.
T
2.
h
u I I
c•nt1 nu
o ld.
I
Hh BQr Regular Meeting
, .• 1 .'27/88
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The pet-ma nent financing being sought on the WAND
oroperties is for the entire package of 21
proper ties and it may be necessary that the EHA
~eep thts part1cular property in its name. This
house is tn be rehabbed and ept as a rental
propert y.
Solutions
follows:
0 this problem were suggested as
\r
Deed he property over to the EHDC until
permanen ftnancing ts secured and then have
the EHOC q 1t cla tm deed the property bac to
the EH .
Deed
the
un1 •
the
EHOC
proper y over to the EHDC and let
secure per•anent ftnanc1ng on the
Dt scon 1n e the HAP Pay~n o n hts unit.
Let legal c ounsel rev1
lende 1 and 1 f lend r
only the eo
Board l'1e
o he HOC.
•a ter w1th the
1s agreeab le to
rttes ac ion
to qu1t clai• th1s
I
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FH-4 PCC Reg •lar MPe tt no
<"~! r;-'88
V I •
VII I .
D. ReQuest to Revi s e Publtc Housing Sec ur1ty Deposit
T
EQ!~~~~-------------------------------------------
Brief discussion ensued regarding the current
securtty d postt be1ng the greater o f $50 .00 for
elderly f mtltes and $100.00 for all o thers , or
th n t 's Gross Famtly Cont r 1but1 on . It was
I '
c• the Cc•mmtsstoners that when a tenant
l'l ll t.
by th
MO T!Qf::!
there re
HA upon
that the
tncreased repa 1r cos ts
va at1on f the un1t.
ubl1 c H •ustng Se urtty
o ead: "Prtor to
epted r tdent shall
Depos tt. The c ur1ty
r ly faMtlte s nd $200 .00
r e siden t 's G oss mtly
gr at
the
r 1 s
d
T U
TO OCCUPANCY, T
C URITV
T 0 AS
CUR I TV DEPOSIT DEPOSIT . T
$20(). FOR
WHI C VE I
OTHERS, THE
A AY J.
I •
•
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FhA ~t1 ' r.~qu t ~~ M,t ,, 1 nq
··l ~..., (l.
l i. r._NFF'AI D!? I.JS S ION
A. Commtsstoner s ' Cho1ce
NOT
v
The C tty of Englewood's snow re•oval policies Nere
discussed relative to S1mon Center and Orchard
Place.
Cr
til
for
Chatrman Burns
to attend tn
th m t 1 ng.
was ca lled out of the ~et1ng
phone call at th1s point of
tor e x plained
a IIIUltt -purpos
Gran Appl1cat1 n for
o the
Com•un 1ty
FV 88 had
nol od
ubl1c
th C1 y of
y 0 v lop111 n
C1ty's
nd th
US I flO
Br-o adw y 10 Dry
Appltcatton
$22 ,000 to
un1ts
for
st
I • •
-•
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EH ~cc ~e g u l ar Me e ting
0 1 .'2'"!88
t.
!:'QT!~
IT WA S MOV E D BV R A Y J. BERLIN TO ADJOURN THE REGULAR 11EETING OF THE
ENG L E WOOD HOUS IN ' A U THOR lTV BOARD OF Cottf'l ISS I ONERS HELD JANJARY 27,
19 88 . NOR L EF N F'f\U1f'"R SECONDE D THE MOTION.
Ayes:
N t<v s :
Ab s t c-l n t:1 :
bse n t :
C 1 r 111a n
Z 1eg , Pal-.r , 8er l1 n
NPne
•.to n e
B Lu'"'" • k'"o z a c t!l
The ~egul ar ~et 1ng o f t he Engle.ood Hous 1ng Authori t y
Bo•rd o f Co-.1 ss ao ne rs ad J ou r ned at 9z45 P·•· on
Januar y 27 , 1 988.
I .
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CITY OF ENGLEWOOD Pl.NIUN& AND ZONING COMMISSION
FEBRUARY 2, 1988
I. CALL TO ORDER.
The regular ~etlng of the City Planning and Zoning Co..lsslon was called to order by Chalra~n Carson at 7:00 P·•·
Mellbers present: Russell, Hanson, Dnper, Fish, Carson, Schultz, Such,
Blrbre.
Roa~ns, Ex-officio.
Metlbers absent: None.
II. APPIOVAL. OF IUIUltS.
January 11, 1118.
Nr. Carson stated that the Minutes of January 19, 1988 were to be considered for approval.
Barbre .aved :
Russell seconded: The Minutes January 19, 1988 be approved as written .
AYES
NAYS:
ABSENT:
ABSTAIN:
Such, Barbre, Russell, Hanson, Carson. None.
None .
Schultz, Draper, and Fish.
The .atton carried.
Ill. APPIGVAL. OF fl.l •.
Chatrun Carson sllted tht Ftndl1191 of hct for JMUary II, •• wre to be constdt~ for approval . #
Hanson •ved:
Barbre secOftded: Tht Flndf"9s of Fact tn Case 11 -11 be approved u Witt ....
AY£S Such, Blrbre, ss 11, HMsCHt, carsCHt. •vs :
AIS : •
TAJN : Schultz, Or r , Fish .
carr ted .
larbr • ed :
Ius 11 ondtd :
.
ffndt"t of F.ct '" c lt
, C r CHI •
ltz , Or r, Ft
. l •
rov
I
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The motion carried.
IV. ELECTION OF OFFICERS.
Chairman Carson stated that the floor was open for nominations for Chairman.
Russell 110ved:
Such seconded: That Mr. Hanson be no.inated for Chairman of the Caa.ission.
There being no further no.inations, the Ca..issioners voted as follows:
AYES
NAYS:
ASSENT:
ABSTAIN:
Such, Barbre, Russell, Hanson, Carson, Draper and Fish. None .
None.
Schultz.
Mr . Hanson was elected as Chainaan for 1988, and he assu.ed the Chair.
Ru s ;e 11 110ved:
Carson seconded: That Mr . Barbre be n011inated for the office of Vice Chair'llan.
There being no further n011inations, the Ca..issioners voted as follows :
AYES
NAYS:
ABSENT:
ABSTAIN:
Such, Russell, Hanson, Carson, Draper and Fish . None.
None.
Schultz, Barbre .
V. LMDSCAPE OIDIIWIC£.
Mrs . Ro.ans stated that the landscape Ordfnanc had be n passed t years ago ,
and several changes in the ordinance re rec~ in April by the Ca..is -
sion to the City Council . The Council voted to return tM ordinance to th
Ca..ission for further study aft r stv ral issues r rafsed by t e Greater Engl od Chlllber of Ca..trce.
•
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VII. DIRECTOR'S CHOICE.
Mrs. Roa.ns Slid th1t she h1d received 1 c1ll fro. RTO concerning HB 1249, 1nd
th1t 1 representAtive of RTO will spe1k to the Co..ission concerning this Bill following the public he1ring on Febru1ry 17.
Mrs. Roa.ns Slid she would set up 1 .. eting with the new -..bers 1nd the As-
sistAnt City Attorney. AssistAnt City Attorney N1ncy Reid h1s been Assigned
by City Attorney DeWitt to 1ttend Phnning Co..ission .. etings whenever her
leg1l usistlnce will be required. Mr. H1nson uked to be notified of the .. eting with the Attorney 1nd the new -..bers.
VIII. CGNNISSIOI'S CHOICE.
Mrs. Russell th1nked Mr. C1rson for hiving served 1s Chlinatn during the p1st
ye1r. Mr. C1rson th1nked the stiff for their usistlnce. The new llellbers
were welc-.d. Mrs. Russell discussed the need for P1rk 1nd Ride lots. Mrs.
Ra.ns suggested th1t the C011prehenstve Phn will be reviewed this yur 1nd
the Co..ission •ight wish to include P1rk 1nd Ride 1s 1 considerAtion.
The -.eting adjourned 1t 7:45 p.•.
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ENGLEWOOD URBAN RENEWAL AUTHORITY
FEBRUARY 3, 1988
I . CALL TO ORDER.
The Annual Meeting of the Englewood Urban Renewal Authority was called to or -der at 5:3 0 P. M. by Chainnan Robert Voth.
Members present: Keen1, Mcintyre , Minnick, Totton, Voth
Hinson, Executive Director/Executive Secretary
Me bers 1bsent: Cole, VanDyke
Alternate Member Daugherty
Altern1te Member Hinson
Also present : Harold Stitt, Assist1nt to EURA Director
Densel Ragland , Director of Engineering Services
Penny Dietrich, Executive Director of EDOA
Andy Mc Cown, City M1nag er .
II.
Chain.1n Voth stated th1t the Minutes of J1nu1ry 6, 1988 were to be considered for 1ppronl .
Minnick 110 ved :
Intyre seconded: The Minute s of J1nu1ry 6 , 1988 be 1pproved IS writt n.
A S:
A S: Keen1, In yr , Minnick, To tton , Voth Non
ABSE T:
A TAIN:
Cole, YlnD e
None
T 110 10n carr ed .
r
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IV. CONTRACTS FOR LEGAL SERVICES.
Paul C. Benedetti
Marlin D. Opperman
Mr. Hinson stated that the Authority needs to consider contracts for legal
services for 1988 with the legal counsel for the Authority.
Mr. Benedetti has asked that his contract for 1987 be extended through 1988 ,
at the hourly rates he and his assistant, Mr. Padilla, were paid in 1987. Mr .
Hinson reco~nded that the Authority approve the extension of the contract at the 1987 hourly rates.
Mcintyre 1110ved :
Keena seconded: The Urban Renewal Authority accept the proposal of Mr . Paul
C. Benedetti to extend the contract for legal services pro -
vided by Mr . Benedetti and Mr . Padilla through 1988 at the 1987 hourly rates .
A ES: Minnick , Totton, Voth, Keena, Mcintyre .A S: None
ABSENT: VanDyke, Cole
ABStAIN: None
The motion carried.
r. Hinson discussed the letter fro. Mr . Marl in D. Oppenaan pertaining to a
1988 contract for his fin~. Mr . Oppen~an Is requesting an Increase in rates
for himself of SIS/hour, and an increase in rates for his associates of S10/
hour. Mr . Hinson pointed out that Mr . Oppenaan has not requested an incr a e
or services provided by his fin~ since 1985 . Mr . Hinson revl the ser -
vices provided by Mr . Opper..n to th Authority, and those cases which are y
to be d ten~lntd tn Court with lch ltr . ()pper..n 's ffl"ll s Involved . Mr .
H nson r co..ended that the Authority approv e Mr . Oppet"llln 's request for an ourly rat lncr as for rs of his f n1.
n & Assocfat s, P.C . a
January 29, 1
a, ln ..., , '" tc
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requireme nts were justified and recommended payment . Ms. Ragland also recom·
mended payment for the costs necessitated because of the Mountain Bell con·
duit. Ms . Ragland cited other costs which she felt were justified, and stated
that she recommends payment of $12,795.00 for the costs over budget.
Mr . Totton stated that there was nothing the EURA could do about the changes
necessitated by the State Highway DepartMent. Mr. Minnick asked if MOre prob -
lems were anticipated on the little Dry Creek final phase which could further
increase overruns . Ms . Ragland stated that at this point no further problems
were anticipated. Ms. Ragland did point out that although Lillard & Clark did
not get started on the project until December , and not too much was accom -
plished during that MOnth, there are only approximately 1.5 weeks behind the work schedule.
Totton moved:
Keena seconded: The Eftglewood Urban Renewal Authority approve payment of
S1Z,79S .OO for design costs over budget to Mclaughlin Wate r
AYES:
NAYS:
ABSENT:
ABSTAIN:
Engineers.
Voth, Keena , Mcintyre, Minnick, Totton None
VanDyke, Cole
None
The motion carried.
I .
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for those funds. Mr . Hinson stated that the retainage from RBI had been han -dled in similar fashion.
Mr. Hinson stated that this discussion is for the inform ation of the Authori -
ty, and that no action is requested of the Authority at this time.
VII. PHYSICAL WHIMSICAL
lawsuit Up -date
Mr. Opperman stated that he had received a communication as of the 25th of
January comprising the latest list of items for which compensation is being
requested by the Physical Whimsical people . The total for reimbursement is
now approaching $550 ,000. Items such as dinner expenses, rent, etc. have been
tncluded as items for which reimbursement is requested. Mr. Opperman stated
that it is his opinion that most of the items on this list are not compen-
sable. Mr . Oppermin stated that he is preparing a motion to deny a number of
the items on the list for compensation, and is reviewing the case for a means
to reverse the decision . Mr . Opperman stated that members of his stiff are
contacting suppliers of similar recr ational equipment, and will use these
con acts in a consultant role. Mr . Opperman discussed strategy to determine
the fatr arket value of the site at the time the Authority took the land.
r .. Opp rman sti d that he an icipated presenting two witnesses, one of w ic
will e Mr . Hinson, and the second will be M . Burbach, who did th apprai sal
o he site for Mr. Brady . H anttcipat s that Mr . Montano, the 1 gal couns l
for e P sical sical p ople, will call Mr . Blaine Chase, an appraiser,
ind he figur s for th f111prov nts indicAted on the 1 fst.
Mr . Opp an stat d that th Court has stated that SIS ,OOO MUst be d posit d
th Courts by lther Cullou h Associate o Brady for ref
securtt depos t that Physical W sical had patd n the
tses, a d ich s curtly deposi was no r urn d to th
ar titl d tor ceiv
r dl cuss on nsued .
Ill. LlnLE NY CIEEIC 'LAZA
Ill C iv ltS
...
I .
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Mr. McCown asked if the draft presented to the Authority had been reviewed by
the Planning Division since the redesign of the redevelopment plan . Mr. Hin -
so n reiterated that it was given to him by Mrs . Romans of the Planning Div i-
si on . Mr. Voth stated that he felt drafting any restrictions on use of the
plaza area would be a matter for the Planning Division and Planning & Zoning
Commissi on, and is not something the EURA wants to get involved with . Mr .
Mcintyre expressed his concerns regarding allowance of special vendors on the plaza during special events .
Mr. Totton noted that if the restrictions are defined to set a specific numbe r
of a specific type of operation, such as flower vendors or hot dog vendors ,
perhaps members of the local Merchants ca..unity would want to bid to provid e those services on the plaza .
Discussi on ensued . Ms. Keena stated that she did not feel the EURA should
take formal action, and s~ould not be the initiator of any special zone dis -
trict or regulations. Ms . Keena stated that the operation of the plaza and
the main tenance of the plaza will be the responsibility of the City, not of the Authority.
IX.
Mr. Hinson stated that a revised lnvest.ent Report had been subsitted to the Authority.
Mr. Hinson asked if there were any que s tions on either the InvestMent Report
or on the Expendit ure Report . He noted that cash out -lay is rather slow right
no w, and that interest is accruing on the funds that have not been expended .
Mr. Hinson stated that he will be .aeting with the City Council on Monday to
discuss the long -lena finan ci ng for the Authority .
X. COitSTJUCTJOit REPOIT.
Ms. Ragland sta ted that th ill ard I Clar proj ct I s progr ss ng ni c ly .
XI. TROlLEY squME STATUS REPOIT .
I
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98,000 square feet of retail space will be constructed i n the Marketplace phase of the redevelopment.
XIII. MOUNTAIN BELL CASE .
Mr . Hinson discussed the Mountain Bell lawsuit as it has progressed thus far .
Errors were made in the transcript which are being brought to the attention of
the judge, and Mr. Benedetti is preparing a brief for the EURA . Mr. Hinson
stated that he understood the City Attorney is also preparing a brief .
XI V. SI GN CODE VARIANC E.
Mr. Hinson stated that the placement of directional signs at the intersection
of En glewood Parkway and South Broadway and Englewood Parkway and U. S. 285
will necessitate requesting a variance from the provisions of the Sign Code.
This request will be heard before the Boa r d of Adjustment and Appeals on
Febru ary 10 , in the Englewood Council Chambers. Mr . Hinson stated that rath er
than have the EURA in a "supporting" position to an applicant, it has been
determined that the EURA should be the applicant requesting the variance . In
light of this determination, Reso lution 13 has been prepared for presentat ion
to the Board of Adjustment and Appea ls at the ti~e of the Hearing. A draft of
a proposed sign wa s given members of the Author ity for the i r consideration .
Hr . Hinson stated that this would be a Joint fdentification/Oirectional Sign,
containi ng the na.es of .are than one redeveloP~ent area . Mr . Hinson asked
that the Authority consider Resolution 13 for approval . Br ief discussion ensued.
Minnick moved :
Totton seconded : The Urban Renewal Authority approve and adopt Resolution
13, Series of 1988, A RESOLUTION OF THE ENGLEWOOD URIAN
RDOAL AUTHOIUTY REQUESTIII& FAVOUILE CONSID£RATION OF
THEIR VARIANCE REQUEST OF SECTION 11.4 -19-11, SliM CODE, OF
THE COMNEHDISIVE ZONIII& OIIDIIWICE IY THE CITY OF ENGLEVOoO
IOARD Of AD.JUSn.EJfT MD APPEALS .
A ES: Voth,
A S: n
na, lnt r , fnnfc , lot on
ABS£ T: Cole, VanOy
A8STAI on
The mo lOft Clr d .
XV. Ll
lo ·
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and typically opens with approximately 25,000 customers per week . Ms. Shube
s tated that in her discussions with other prospective tenants, they were anx -
ious to have the prospective tenant as anchor in this phase of the redevelop -
ment. Ms. Shube expressed her frustration that negotiations have not pro -
gressed at a quicker pace, but expressed her belief and that of her company
that the prospective tenant is sincerely interested in the site. It is the
intent of this anchor tenant company to open multiple stores in the Denver
area at approximately the same time. Therefore, all site determinations will
be made simultaneously. She understands that they want to be in the stores in
early 1989 . Ms . Shube stated that she has been working with real estate rep -
re se ntatives who are in constant contact with the President of the company;
they have told her that the Englewood Store would be most expensive deal they
have working in Denver , and that the cost of the Englewood site is still Sl .SO
to SZ above the costs negotiated for other locations. Ms . Shube stated that
she has tried to convey to the tenant representatives the fact that in-fill
si tes are more expensive than suburban raw land that has never been develope d .
Ms. Shube discussed the latest site plan, wh ich was approved by the Pres i den t of the anchor tenant co.pany earlier this date.
Ms. Shube stated that s he wa s aware that delays in signing the tenant anchor
is .costing the EURA , and pointed out that lincor Is also experiencing costs
because of thi s delay , citing arch i tec tural fees, fees for soils testing , and
staff time as example s of lincor 's ca..lt~nt to the project .
Mr . Totton as ked If a standard lease had been sent fro. the potential tenant
to the lincor attorney . Ms . Shube stated that she has found out there is no
s tandard lease fona, but she has been told they would receive the construct ion drawings from the pro s p c ive tenan .
Discussion ensued . The issue of th e sign was discuss d . Ms . Shube stated
hat she felt she could promote th con pt of a "s hared sign•, but th t nan
as been adamant that there ~s be a dlr c tional sign at U.S. 285 and the Par wa y.
nd consld r -
• 7 •
•
•
. . •
Totton moved:
Mcintyre seconded: The Urban Renewal Authority grant a 30 day extension on the
Tenant Contingency and deed dates in the Contract with Lin -
cor Properties of Colorado, Inc.
AYES: Keena, Mcintyre, Minnick, Totton, Voth NAYS : None
ABSENT: VanDyke, Cole
ABSTAIN: None
The motion carried.
XVI. EDDA.
Ms . Dietrich stated that Ms. Keena had called the Centennial Cha.ber of COM -
merce regarding a cable TV video on econa.ic develo~nt in Englewood. Ms .
Dietrich stated that she and City Manager McCown had done the video, and a
member of Governor Ra.er's staff had seen the show. Governor Ra.er has ex-
pressed an interest in viewing the Engl.wood redevelo~nt project, and ar -
rangeMents have been •ade for a tour of the redevelo~nt project by the Governor on February 16.
XVII.
Mr . Hinson reported briefly on the status of the Buechler/Guilford case.
There being nothing further to ca.e before the Authortty, th ~t ng wa s d clared adjourned at 7:10 P.M.
•
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ElliLEVOOO LIQUOR LICENSJN& AUTHORITY
February 3, 1988
The regular ~eting of the Englewood liquor licensing Authority was called to order at 7:30 P·•· by Chair.an Styes.
Present: Waddell, Mclaughlin, Board.an, lunders, Styes Absent: None
Also present: Charles Gri .. , Assistant City Attorney
Patricia Crow, City Clerk
A quoru. was present.
• • • • •
1010 LliiKlS IIOVED TO APPIOVE 1'H( NUIUT£5 OF 1'H( SP£CIAl NEETJN& Of JAIIMIY
21, 1111. AS MEaD. 1010 ...,. K~ M •n•.
A¥es: Board.an , lunders, Styes
Nays : None
Abstain: Waddell , Mclaughlin
Absent : None
Motion carried.
1010 --IIOVED TO APPIIO¥t Tit( 1£-TS Of Tit( TD.U1111E POLL 1• LIEU Of
Tit( IUUUI NEETJ. Of oMIIIMY 10, 1111. 1010 U110S S(~ Tit( •n•.
A¥es : Waddell, Mclaughlin, Boardaan, lunders, Styes Nays : None
Abstain : None
Abs nt : None
t on c arr ttd. Th results of the t lephone poll of January 20, 1988 , ar
attached h r to . Al so attached are t results of tel polls of Dec r
16, 1987. and Janu ary 6 and 11. 1988, all previously approved by t Aut ortty.
• • • • •
r cod v ol n 1 th
I .
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Englewood Liquor Licensing Authority
February 3, 1988, Page Z
* * * * *
Received without action was the record of attendance for the fourth quarter of
1987.
* * * * *
The Authority was notified of pending .. tters concerning change of corporate
structure of Circle K Convenience Stores and Skippers, Inc. These changes
wi 11 be presented to the Authority for approval ~~~hen the filings are CCJ11Plete .
* * * * *
City Clerk Crow presented an updated list of licensed outlets within the City .
• * * * *
An i nquiry concerning a •cabaret license• was discussed. Further 1nfor.at1on
wil1 bi given the Authority at a later date .
• * * * *
..a u-.s .a TO •-nm -.. .J. snu as aa1-OF THE ,., ...,
u.-LICDISI. --In. THE lml. IIU SU .... _.__, 1Y M.L
..as • aa•-snu MY RKTD.
* * •• *
The .. ttng was adjCMn"'led at 1:01 p.•.
I .
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
TELEPHONE POLL RESULTS IN LIEU OF REGULAR MEETING OF
JANUARY 20, 1988
On January 20, 1988, the -..bers of the Liquor Licensing Authority were polled
by the City Clerk concerning it .. s listed on the January 6, 1988 agenda with
the following results:
1. (a) Approval of telephone poll results of January 6 and 11, 1918
Ayes: Styes, Lunders, Mclaughlin, Boa~n
Mays: None
Abstain: . None
Unavailable : Waddell
2. Renewals:
(a) Southwind
2796 South Broadway
• (b) Skipper's Seafood 1234
999 Mes t HIII!Pden Ave~~ue
Hotel/Restaurant w/ext .hrs .
Expires February 21 , 1918
Hotel /Restaurant w/ext .hrs .
Expires Mlrch 5, 1918
Ayes :
Mays :
Styes, Lunder s, Mclaughlin , loa~n
None
Abstain : None
Unavatlable : Waddell
3 . With r.tard to the purported liquor code violation(s) of Mqnet Inn , the
Author i ty wtll consider the .. tter at its regularly scheduled ... t i nt of
Febrary 3, 1918 .
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
TELEPHONE POLL RESULTS
JANUARY 11, 1988
On January 11, 1988 the llelllbers of the liquor licensing Authority were polled
by the Deputy City Clerk concerning the ite.s listed below:
1. Approval of the following renewals:
a) H...,. West Hotel/Restaurant license
3517 South Elati Street Expires February I, 1988
b) Fratelli 's Ptzza Hotel/Restaurant license
ltoo East HMpden Avenue Exptres February I , 1988
Styes ~e
Waddell ~
Mclaughlin ~
lunders ~e
Boardllan ~e
The Renewa 1 s were approved.
2 . Approval of the SIHiw Cause Heart,., February 17, 1• at 1 :00 P·•·,
for Hilda 's Cafe Inc . dba 11tuard 's lounge Inc ., 4JM South lroadway .
Styes ~ Wadde ll ~ Nclautfl ltn ~ l unde rs ~ loa rdlun ~
T Sh ar nd PI"'OO d of F ru ry 17 , I pprov .
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ENGLEWOOD liQUOR liCENSING AUTHORITY
TELEPHONE POll RESULTS IN liEU OF REGULAR MEETING OF
JANUARY 6, 1918
On January 5, 1918, the ..-,.rs of the liquor licensing Authority were polltd
by the City Clerk concerning it .. s listed on the January 6, 1988 agenda with the following results:
1. Approval of the •inutes of the ... ting of Dec-.ber 16, 1987:
Styes Aye
Waddell Aye
MClaughlin Aye
lundtrs Aye
Boardun Aye
The •inutes were approvtd .
2. Approval of the Renewals and Change of Corporate Structure for :
a) IC t ng Soopers
101 EnglftiOOd Parkway 3 .11 leer Retafl license
Expires January ZZ , ltll
b) King Soopers 3 .11 leer Rehfl license
5050 South Federal llvd . Expires January Z5, ltll
Styes Aye
Wadde 11 Aye
Nclaughl fn Aye
luftde rs Aye
Bo ardun Aye
and Ch antt o Corpor at pprov •
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ENGlEWOOD liQUOR liCENSING AUTHORITY
TElEPHONE POll RESUlTS IN liEU OF REGULAR MEETING OF
DECEMBER 16, 1987
On Decltlber 14 and 15, 1987, the lletlbers of the liquor licensing Authority
were polled by the City Cl•rk concerning it•s listed on the o.c-.r 16, 1987 agenda with the following results:
1.
(a) Record of Public Hearing, VN, Inc ., October 7, 1987
Ayes: Mclaughlin, Boardun, Waddell, Styes Nays: None
Abstain: None
Unavailable: lunders
Record of Public Hearing approved .
(b) Minutes of Regular Meeting of Dece.ber Z, 1987
Ayes: Me laugh l in, Boardun, Wldde 11 , Styes Nays: None
Abstain: None
Unavailable: lunders Mtnute s approved .
2. Ftndtngs of Facts, Conclusion, and Order -YN, Inc., dba 3912 ltquor
Ayes : Boardun, Wldde 11 , Styes ltays : None
Abstatn : Mclau,hlin
U..ava11ab le: lunders
Findings, Conclusion and Order approved .
3 .
(a) Ch ng or Corporate Structure, tz Pizza Place
Ay s : ltn, loa n, fly :
Absta n:
U..ava t 1 b le : llmCMrs
Corpora Structu pproved .
(b) A h :
Po lZZ, V , 3860 South Ja on
liquor, In ., 5112 South ro y
4601 South ro ay
rs, 3531 South log n
Jffron
11, Sty
I .
5.
Ayes:
Nays:
Abstain:
Unavailable:
Renewals approved.
Manager's Registration -
Ayes:
Nays:
Abstain:
Unavailable :
Renewa 1 s approved.
C Y, ~r
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Mclaughlin, Boa~n. Waddell, Styes None
None
lunders
Philip J1111s Wenzel, Rocky Rococo
Mclaughlin, Boa~n. Waddell, Styes None
None
lunders
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111HUJES
EHGLEUOOO PUBLIC liBRRRV RDUISORV BORRD
feb~ue~y 9. 1988
lhe regular "eeting of the Englewood Public lib~e~y Rduiao~y
Hoard was called to o~der at 7:30 P·"· by Chei~~n Rl Quaintance.
PRLS£HT:
li!I"GRliS:
ALSO
PRlSlHl:
Rl Quaantance. John Peterson. Betty Douney. Bruce
Hogue. Vtrgtnie Johnson . Joe Rethbu~n. Lois Sterling.
Dorothy Totton
Alex Hebenic~t. Council Repreaent.tiue. 11ra . Berbere
Hogue. Sharon Uinkle. Ltbrery Director. Donne 6ottberg.
Recording Secretary
Roll c ell wes t_.en end • quorun declared preaent.
lh~re .were no scheduled or unacheduled utsttora .
ha1r~n Quaintance Introduced "•· Dorothy Totton to the Board
nd e he was welc~ed . Her te~ of office will run to 2~1~92.
Mr . Ouetntence turned the fteet ing ouer to "•· Uinkle for the
The 1987 Annual Report wea dtetrtbuted to the Board. "•· Uinkle
haghlaghted uaraous aect1ona of the Nerretaue Report. elao
an luded. There wea b tef da cuaeaon end Caftftenta by the Board.
11 a. Uankle da e tr1buted the 1917 ~1 Stettataca end thea wer
bra fly dascuaaed. In c onJunction wath the tettetaca, "•·
u, 1e IN"• nted orBPh• end c._.ta of ueraoua 10 y.., hour •·
daa u aton on UMr ontrabutora
.__.. for I 7 end t
-. -
t t
of
.,
'I
•
• •
u • .-... _.._t_~·-Lholce
M·;. W1nkl~ thstr1buled a new Page I for the 1988 Action Plan
'"''" c.h 1 nc 1 udes the date of edopt1 on of the Plan by the Boer d.
lhe lrn1e Hnderson Ro~ <Conference Ro~ 12> fteteriels end plaque
have now been c~pletely transferred to the library.
He ... s1gnege for the Conference Ro~a will be included in the
c ~plete re -sionege for the library.
Hs lnforftetion. Ms. Uinkle stated that for"er State librerien.
Hnne -Merle felsone. was killed in e plene crash recently neer
Our ngo.
Ms. U1nkle recently attended e 10-dey •~iner called The Rocky
Mounla1n Progr"". She felt it wes e very worthwhile seftiner.
Ch§tcnon•s Cho1ce
Mr . Oue1ntance d1str1buted a list of duties expected of the
Adv1sory Board along w1th • current roster of Board ~rs end •
c urrent list of staff "~bera.
letters of epprec1at1on have been sent to 'Bruce Hogue for his
s erv1 e s Cha1r""n and to 6ereld ~pson for hi• 1 years of
s erv1 c e . R card was elso sent to Su_, Uen Oylle during her stey
111 the hospital .
Me . Que1ntence noted that the Donor's fund belence et the end of
1987 wa s e&.813.11 . Th1a "oney •• u•ed et the discretion of the
tbrery D1rector upon the adu1ce of the Board .
John P ter on VI S ited br1efly in Parts end twd • ct.nce to tour
th 8abl1othegue "-ttonele .
Utrgante John on wtll not b her• for the "-rch "«ettng.
J oe • hburn wtll not be h re for the "-rc h end Ap r il-Unge .
M . to net or onsadtne end
b~t c ut s dt us sed f or
hade r ply f Oft
..... t.
t y
M r y .
at
,~ y ' .
-I -
I •
-
•
CIRCULATION
•
• •
ENGLEWOOD PUBLIC LIBRARY
Selected Statistics
January 1988
18,006 (17, 103). Central Library
Bookmobile 7,308 ( 8,963) out of service 1 day
DAYS OF SERVICE 25 26)
AVERAGE DAILY CIRCULATION 1 ,013 1,003)
TRAFFIC COUNT 19,421 (22 ,339)
AVERAGE DAILY TRAFFIC COUNT 777 857)
CIRCULATED TO ENGLEWOOD PATRONS
ALD Reciprocal Borrowing
Cen tral Library
Boo~bile
li e Ter.ry: Adult 1/1
I ,307
503
Juv.
( I ,071)
( 616)
62/190
OTHER INTRA-COUNTY Borrowing••
Cen tral Library 709 479)
BooU.Oblie 3
TOT L :
r L
...............
Borrowing
2, 22
3 7
AOUL
2--(2377)
2 11 ( 246)
263)
2,152)
323)
TOTAL:
TOTAL :
TOTAL:
TOTAL:
TOTAL:
TOTAL;
5 1
25,314 (26,066)
19,198 (21,162)
1,810 ( 1,687)
63/191
I, I 07 742)
3,199 ( 2,475)
6 ,II ... 4 )
TOTALS
--n92 (2 OS)
95 (1 3)
3 7 (3
) s (I
) (
I ) (2 1
12
I) (
4 ( 7<1 ) I •
•
• •
-2-
Ll BRARY SPONSORED PROGRAMS OLITSI DE CENTRAL LIBRARY
Children's Department
Bookmobile story times
Bookmobile Lib. visits to classes
Children's Lib. visits to school s
CURRENT ACTIVE REGISTRATIONS
VOLUMES 1 COLLECTION
LIBRARY MATERIALS
Book s
12,796 (20,259)
101,430 (103,694)
VOLliCES ADDED
884 (450)
Record s
Cass ettes
Micro fila
Video assettes
Coa pact Di cs
DIS BURSEMENTS
Deposited with Ci ty Treasurer's Office
REVE UES
Fi ne
LD
Copyvend
Donor' und
Co lo . Loa n (ILL)
ct. I 1411 (lo s t and daaaeed .. teri I s)
A ct. •04661 (aicrocoapu t e r )
\'o lunt r hour : 26
ll d
( )
22 ( 40)
4 ( 10)
3 ( 29)
1 ( 17)
$3,530.34
Sl,27 4.84
1,394.17
11.20
583 .21
7.00
213.42
46 .50
NUMBER ATTENDANCE
3 ( 5)
13 ( 33)
( 6)
40 ( 79)
360 (798)
(250)
VOLliCES WI11IDRAWN
574 (522)
5 ( 7)
33 ( 2)
( )
5 ( )
1 ( )
($2,060.29)
($1, 268. 28)
( )
( 27 8 .21)
( 360.00)
( 13 .00)
( 72. 0)
( 68 .00)
I .
-
•
•
~e c onde d by: John Peterson
Mot:<on carrt e d.
•
• •
l he Board thanked Ms. Uinkle for serving refreahftenta.
Meet1ng adjourned at 9:02 P·"·
l /1 ?188 dg
I
-•
• •
ELECTION COMMISSION
February 17, 1988
The special meeting of the Election Commission was called to order at 4:35
p.m. by Chairman Nilsen.
Present: Bull, Crow, Nilsen, Watson
Absent: Kollath
A quorum was present.
* * * * *
Nomination petitions for candidates for the Career Service Board vacancy were
examined and discussed. Two candidates had co.plied with the no.ination
require.ents · William G. Belt and Catherine M. Pokraka, both having acquired
more than ZS valid signatures.
NEMER WATSON MOVED, MEMBER lULL SECONDED, TO CERTIFY WILLIAM &. IELT MD
CATHERINE M. POKRAKA AS CANDIDATES FOR ELECTION TO THE CAREER SERVICE BOARD.
Ayes: Bull, Crow, Nilsen , Watson
Nays: None
Absent : Kollath
Motion curied.
Polling places and hours for voting re discussed.
N£MO lULL MOVED, N£MO MATSCII SfCONDED, TO UTAILJSH POLLJN& 'LACES FOI 111(
MilCH 1, 1-CAitO SOVICE lOUD ELECTION AS FOLLM1
CITY MALL 1:00 A.N. TO 5:00 '·"·
POLICE/FIR£ COOO 1:00 A.N. TO 4:30 '·"·
SfRVICDfTO 1:00 A.N. TO 4:30 '·"·
ALLOI FILTO PlMT 1:00 A.M. TO 4:30 '·"·
WTEVATO Ta£A11DT
Ayes :
N1ys :
Ab s n
c rrl d
'lMT 1:00 A.N. TO 4:30 '·"· Bull, Cr , Nils n, Wat son
Non
olla h
* • * *
• l
I .
-•
•
,. •
• • • * *
The Election Commission Attendance Report for 1987 was discussed. This report
will be furnished to City Council on a quarterly basis during 1988 as Council
had requested in 1986 . It was explained that all boards and c~issions
complied with the quarterly reporting of attendance. As the Election
Commission does not have a regular .eeting schedule, reports had not been
submitted to Council on a regular basis . ~r Crow stated that the City
Clerk 's office would endeavor to comply with Council 's instructions .
* * * * *
Member Crow stated there had been no info~ation fro. City Council or the City
Manager's office relative to the proposed special election for the franchise
of Public Service Ca.pany or United Cable TV . The Com.ission will be advise
just as soon as an election date is established.
* * * * •
MEMBER CRCN MOVED TO ADJOUIIN. The meeting adjourned at 5:10 P·•·
City Clerk
Approved by t lephone poll of the members oft Election C~ission on
February 29, 1988.
• t •
I . •
C 0 U N C I L
DATE AGENDA ITEM
March 7, 1988
•
• •
SUBJECT Paving Dist. 32--Bill
for Ord. Assessing
Costs & Res. Est. Pub. Hearing
lNITlATED BY ------------------------
ACTION PROPOSED, ____ D_i_re_c_t_o_r_o_f_E_n_g_i_ne_e_r_in_g __ se_r_v_i_ce_s ____________________ _
Passage of bill for Ordinance establishing assessments
for Paving District 32 & passage of resolution to notify property owners of
assess.ents & establish date for public hearing on assess.ents.
Paving District No. 32 was created by Ordinance No . 21, Series of 1987, passed
and adopted by City Council on April 20, 1987 . The purpose of this Special
l~rov..ent District was for the construction and installation of street
paving, curb and gutter and sidewalk i~rov ... nts, together with necessary
incidentals, on certain streets and avenues within the City.
The creating ordinance addressed and described various aspects of the Dlstric
such as the District boundary, the nature of the i~rov ... nts, the assess .. nt
of costs and pa~nt of assess .. nts, and the issuance of special t_,rov nt
bonds to finance the construction of the assessable portion of the 1.,rov -
.. nts . (Please refer to attached street .aps and copy of Creatint Ordinance -·
No . 21, Series of 1987 --for specific details.) The Creating Ord1ntnc also
ts specific reference to the Assessing Ordinance bt1ng Introduced by City
Council at this t per this council ca..unlcatton.
Ill
A c artson of ted Paving D strict • 32 co ts r th C at
d ntnc vs . actual costs r t Final A sess n 0 ta co.putatlons s :
1743 ,000.00
585,500 .00
157,500 .00
,. " 1
5385,742.
258, t .ll
127.04 .60 I .
-•
• •
1) A great number of property owners chose to acco.plish required concrete
improvements via private contractors, thus removing these costs from the as-sessable costs.
2) An increasingly ca.petitive a~rket in the Metro Denver construction indus -
try generated extre.ely favorable construction bid prices--this was further
enhanced by falling crude oil prices which affect not only the prices of pe-
troleum-based products, such as asphaltic concrete, but also the prices of
items such as concrete, where lower fuel prices allow for econo.ic delivery of product.
3) An exchange of services on the i~rov ... nts to Yale Avenue with prepara -
tion by the City of Englewood and asphaltic overlay by the City of Denver,
resulting in costs substantially below those anticipated by private contract.
RECCIIIOI)ATJ 011
The following .,tions would be rec~nded:
1. That City Council approve Council Bill No. ~approving the whole cost
and apportioned costs, assessing share of c~to each property, and pre -
scribing .. nner of collection and p~t of assess.ents for Paving Dis -trict No . 32 .
Z. That City Council approve Resolution No . ~ , Series of 1918, author iz -
ing the notification of property owners o~ss.ents within Paving Dis -
trict No .lZ and establishing a public hearing on satd assess.ents on Non -
day, Aprtl 11, 1918 at 7:30 o'clock P·•· in the Council Cha.bers, Engle -
wood City Hall, 3400 South Elati Street .
Rl(,/lo
I .
•
• •
BY AUTHORITY
ORDINANCE NO.
SERIES OF 1988 COUNCIL BILL NO . 6
INTRODUCED ~-CpUNCIL
MEMBER ~~M
A BILL FOR
AN ORDINANCE APPROVING THE WHOLE COST OF THE
IMPROVEMENTS HADE WITHIN PAVING DISTRICT NO.
32, IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT OF
SAID COST TO EACH LOT OR TRACT OF LAND IN SAID
DISTRICT; ASSESSING A SHARE OF SAID COST
AGAINST EACH LOT OR TRACT OF LAND; AND
PRESCRIBING THE HANNER FOR THE COLLECTION AND
PAYMENT OF SAID ASSESSMENT.
..;
WHEREAS, by Ordinance No. 21, Series of 1987, finally
passed and adopted on April 20, 1987, the City Council of the City
of Englewood, Colorado, has created Paving District No. 32, within
the City for the purpose of constructing and installing street
paving , curb and gutter and sidewalk improvements, together with
necessary lncid ntals, on certain streets within the City; and
WHEREAS, the improvements authorized by said ordinance
hav been substantially co.pleted, and the whole coat of such
i•provementa has b en deterained; and
WH REAS, an aaaeaa .. nt roll has been prepared and a
m nt showing the t o tal cost of the l•prov menta has b en duly
filed with th Ci y Clerk ; and
D Y H CITY CO IL
-l -
app are
a11oun o
w 11 pay
the eal
costa o
nclud ng
Cl Y
(.
I}
#
(p
I •
•
•
. . •
Section 1. Confirmation of Assessment Roll. The whole
cost and apportionment of the same withln the D1str1ct is hereby
approved and confirmed. Said apportionment is hereby declared to
be in accordance with the special benefits which the real property
in the District will receive by reason of the construction and
installation of the improvements. A share of said cost is hereby
assessed to and upon each lot or tract of land within the District
in the proportions and amounts as set forth in the assessment
roll, attached hereto as Exhibit A.
Sect ion 2. Payment of Assessments. The assessments
shall be due and payable at the office of the Director of Finance
of the City, on or before June 17, 1988, which is within thirty
( 30) days after publication of this Ordinance following final
pa sag , without demand; provided that all such assessments may be
paid, at the election of the property owner, in installments, with
interest as hereinafter set forth. Failure to pay the whole
ass ssment within said period of thirty days shall be conclusively
considered and held an election on the part of all persons
inter sted, whether under disability or otherwise, to pay in said
ina llm nts .
An allowanc of 5 ah 11 b made on all payments of
sa sam nt mad during such thirty day period of time, but not
there•ft r.
conclusiv ly consid red to be a
th
the work , the
, the validity or th
validity o the 1 en
I .
•
• •
established pursuant to Section 5-12-106(2) and (3), C.R.S., until
the date of tax sale, as provided by law. At any time prior to
the date of the tax sale, the owner may pay the amount of all
unpaid installments with interest at the penalty rate set by this
Ordinance and all penalties and costs of collection accrued and
shall thereupon be restored to the right thereafter to pay in
installments in the same manner as if default had not been
suffered . The owner of any property not in default as to any
installment or payment may, at any time, pay the whole of the
unpaid principal with accrued interest to the date of the next
assessment installment payment date.
Section 4. Assessment Lien. All assessments levied
against the real property in the District, tQ9ether with all
interest thereon and penalties for default in payment thereof, and
all costs in collecting the same , shall constitute, from the date
of the final publication of this Ordinance, a perpetual lien in
the several amounts assessed against each lot or tract of land.
Such lien shall have priority over all other li ens except general
tax liens, and shall be enforced in ac co rdance with the laws of
th State of Colorado . A copy of the assessment ordinance after
its fin 1 adoption shall be fil d with the Cou nty Cle rk and
Recorder of th County wh rein each lot or tract of land assessed
is loc t d, for record1ng on the land records of such lots or tracts of 1 nd.
5 .
tr
into wo or more
assessm nts to th County
I • •
•
•
• •
Section 8. Repealer. All ordinances, or parts thereof,
in conflict herewith are hereby repealed.
Section 9. Hearing. In accordance with the City
Charter and the Municipal Code of the City, the City Council shall
hold a public hearing on this Ordinance, before final passage at
7:30 P.M. or at such later time on Monday, April 11, 1988, as the
City Council is able to hear it in its normal course.
Section 10. Publication and Effective Date. This
Ordinance, after its final passage, shall be numbered and
recorded, and the adoption and publication shall be authenticated
by the signature of the Mayor and the City Clerk and by the
Certificate of Publication. This Ordinance shall become effective
thirty (30) days after publication following final passage.
Introduced, read in full, and passed on first reading, on March 7, 1988.
Published as a Bill for an Ordinance on March 9, 1988.
( S E A L
ATTE STED :
Pa rlc{a H. Crow, City Clerk
I, Pa r: cia H. Cr o w,
Color do , hereby
o n Ordinanc ,
r dino on he 7th
n Ordin nc on th
Susan Van Dyke, Mayor
the Clty of
p y clerlt
I • •
-
•
•
•
• •
Exhibit A
(Attach Assessment Roll)
-s -
I •
-•
• •
-----------------------·----
2
NAME A NO AOOifSS
19 71 34 I 00 001
firs t Col o . Ban k & Trust
2696 S. Colorado Blvd.
o~nvor . co 80222
1971 34 I 00 002
Udv~rdy. Josef & Eli zobeth,
3 Jt T~n
2714 S. Logan St.
Englewood, CO 80ll0
1971 34 I 00 028
Rich, Harvey £. & Dorothy E.,
5 Jt Ten
2725 S. Penn. St.
Englewood, CO 80110
6
1971 34 I 00 029
Hablitzel, Edith & Paul, Jt
7 tn; C/0 Judy Davis
1009 Ivydale
LIS Cruces, 8!005
•
I lot ltodl, SIJaOIVI StON
Comm at NW Cor of ( Is o f NE"
of Sec 34-4-68; Th E on H line
of Sd Sec 148 Ft to 1 Pt; Th
S at Rt/Ang 130 rt to a Pt; .
Th W at Rt/Ang 148 Ft to 1 Pt .
. on II line of Els of NE\; Th N
Alg Sd II line 130 Ft to Pt of ~
Beg. & Is VIC alley 34-4-68
(2702 S. Logan St .)
COM it a Pt 130 Ft S of Nil
Cor of Els of N£\ of Sec
34-4-68; Th £ 148 Ft; Th S 50
Ft; Th W 148 Ft; Th N 50 Ft
:to leg & Is VIc Alley Adj h
Ads 34-4-68
(2714 S. Logan St.)
Beg 296 Ft £ & 80 H S of 1111
Cor of N~ of 11£1& of Sec 34-
4-68 ; Th S 100 Ft; Th II 133
Ft; Th N 100 Ft; Th £ Ill Ft
to Pt of Beg & \ VIC Alley
Adj 34-4-68 (2725 S. Pen11.)
Itt 201 rt £ & 30 ft S of Nil
Cor of N£\ of Sec 34; 111 S ll
Ft; h W 30 rt; Th S It rt;
Th E 125 Ft; Th N 50 rt; Th W
95 rt to leg 34-4-61
(2701 s. Penn. St.)
$784.28
$73.80
sua. os
~----------------------------------------------------------------
1971 14 1 00 OlO
H.lb litztl, Peul & (dlth, Jt
t Ttlli C/O Judy DIYh
lOOt hyUit
lu Cruces, 88005
10
.., 163 Ft £ & 30 rt s of
Co,. of N of 11£1& of Sec ,. ,
Til S 50 rt; Til t I rt, Til II
lt rt, Til E lO rt: II II ll Ft;
Tll 11 31 f"t to .., & Is V.c
Allt:r Adj l 4·4-6t
(460 (. Yilt Avt .)
& Lois T .. 1 f lit ,. U11o s . t ... )
II
$29.52
.oo I
-•
• •
----------------------
N/\Y.E Arm AD'>R£SS
1971 34 1 02 008
White , Merlin L. & J os ie V.,
Jt Ten
2719 S. Washington St.
[ ng 1 ewood , CO 80 II 0
1971 34 1 02 009
P1er r101an , Keith A. ' Mary J. ,'
2 Jt Te n
503 Prospect
[a.
Lol llock
.
1 •
,
Ya le Manor
(2719 S. Wu hing ton St.)
Yilt Manor
. (2709 S . Washington St.)
E 75 Ft of w 79 Ft of N 125
Ft Blk 4, Yale Hts
(656 E. Yale Ave .)
£ 621, Ft of the N 125 Ft Subj :
to Rts/Way 81 k J. Yilt Hts ' II .
4 Ft o f N 125 Ft, Blk 4 Yl ~fs •
N 50 Ft o f W't of Tr 1 lNiftntkl
Rts Plots A ' 8, Yale Hill
(2700 S. Penn. St.)
S 50 Ft of 11 133 Ft of N 100
rt of Tr 1 Lewinne s Res 'lots
A' I, Yilt Hill
$213 . 31
$293 .63
$1 ,4 4 9.70
$1,114.46
$163.17
$81.58
81.58
$81. 58
$81.58
$81.58
.57
I
l
NAME AND AOOIIES$
1971 34 I 04 022
Koehler, Tho11as li.
2690 S. High
Denver, CO 80210
1971 34 I 05 016
& Ute G.,
0
Klthleen
Lot -
1-2
3-4
5-6
•
• •
SUIOWISION
Woodlawn
(2701 S. Pearl St.)
Catrons Sub.
(2720 S. Log1n St.)
' Citrons Sub.
(2730 S. Logan St.)
Citrons Sub.
(2740 S. Logu St.)
Roberts, Dnid 7-8 C•trons Sub.
2741 S. Penn . St. (2741 S. Penn . St .)
EngltwOod, CO 80110
1911 34 I OS 017
L1wson, J s r . & Christine 9-10 ~ltrons Sub.
6 M., Jt Ttn
2731 S. Ptnn . St .
£n 1 d
Jacuon, J-s Hlrold
I 300 £ l'alt vt .
btl • co 10110
1971 )4 I 06 021
IIIley, £ louht
t l70l S. lt ~ St .
[ngl • co 10110
10
II
u
I I
Ttn
11-12
~737 S . Penn . St)
Citron Sub of Plot I Yilt Hill
(2735 S. Penn. St.)
10-11 I AIINndllt
(300 (. hit Avt,)
12-IJ • ~llllllldllt
(2703 S. lo9'n St .)
10-11 7 AOWI'dalt
(2700 S. .,_,...~ St .)
$1,648.67
$73.80
$73.80
$73.80
$73.80
$73.80
$335.01
I •
-
NAME ANO ADOif'SS
1971 34 I 09 004
Watson, Parker B.
2724 S. Broadway
Englewood , CO 80110
19 71 34 I 09 005
Watson, Parker B.
2724 S. Broadway
Englewood, CO 80110
1971 34 I 09 006
Watson, Parker B.
3 2724 S. Broadway
Englewood , CO 80110
1971 34 I 0~ 007
Httbschftlan, Joyce
6705 s. Logan St.
Littleton, CO 801ZZ
1971 34 I 09 008
Ha w Ins, (lwood S., J r .
6698 S. Bridger Ct .
littleton, CO 80121
1971 34 I 09 009
Brock, JtJOts £.
6 IOf'lO E. Sun ford An.
tngl d, CO 80110
Sr .
•
• •
OlSCIIPTION Of PIIOniTY
Lot lllock SUIIOIVISION
5 Killtes Sub. Res. 2/3
'(2718 S. Broadway)
6 I Ktlltes Sub. Res . 2/3
7 & Nlt Lot 8, Blk I, Ktlltes Sub.
10
11,
12
Res. 2/3
(Z724 S. Broadway)
S's Lot 8, all of Lot 9, Blk .
I, Kill t ts Sub Res 2/3
(2730 S. Broadwa )
Kflllts Sub Rts 2/3
(2738 S. Broadway)
Kllltes Sub Res 2/3
( 2750 S. Broadway)
37 I S's of 38, elk. I, Kfllfes Sub
Rts 2/3
(2739 S . lincoln St.)
ll't lot 38, all of l ,
Kill Its Sub les 2/3
(2737 s. l111coln St .)
40 & Sis of 41, Ilk I, lfllfts Sub
hs Z/l
43 • s
(l73l S. lincoln St.)
11\lo 41, til or ''· an .
Ill Its Su Res 2/l
(2127 S. Unc:ol11 St .)
$4 2 .85
$4 2 .8 5
$64.28
$64.28
42.85
$85.71
$64.28
$64.28
$64.28
$64.28
I •
nno.
•
• .. •
DUCIIII'IlON Of I'IOPfiTY
NAM£ AND AOOIUS
197 1 34 1 09 029
No akes, Leon L. & Fern H.,
J t Ten
16 [. Yale Ave.
EnglNOod, CO 80110
1911 34 I 09 030
~aes tu, Th0t11as v. & Gl enyce
A., J t Ten
6980 S. M~rshall St.
'
"'iles , Oa v td L. & Na0t11t L.
• 289 1 S. lincol n St.
Englewood , CO 80 11 0
1911 l4 I 10 014
~ee l, Bobble J.
s 2877 S. Lincoln St.
[nghwood, CO 80110
1971 34 I 10 015
Ha II, Robert L. & hiiON F.,
6 Jt Ten
2875 s.
(n I
l.olllodl
25 -
26
SUIO!VISION
E 50Ft of Lots 1-3, Blk . I,
IKfllt es Sub Resub of 2/3
(16 E. Vile Ave .)
II 75Ft of Lots 1-2, Blk . I,
Kill i es Sub Res of Blks 2/3
( 2700 S . Broadway )
Ki ll i es Sub Res 6/7
(21 E. Bates Ave .)
U fe estlte for Edythe M.
27-4 Kfl ltes Su b Re s 6/1
28 (28 91 s. Li ncoln St.)
29 & S'l o f 30 , Ilk. 4, Klllt es Sub
Rts 6/7
(2817 S. Lincoln St.)
11'1 lot 30, a ll of 31 , Il k . 4 ,:
1111 t1 Sub An 6/7
(2875 S. lincoln St.)
hon~~e C. ,32 & S'a of ll , II • 4, llll e s Su b 617
(1865 S. lincoln St .)
lilt of ll , 1 11 of 34, 11 . 4 ,
lilies ~VII ats 6/1
( I S. liiiCtln St.)
II lies S ... 6/7
IS , llft(oll• St .)
82.04
$287.42
$772.83
$1,075.00
$793.79
$673.86
1,3 84. 73
$673 . ~5
I .
-
•
•
• •
DlSCIII I'TIOH Of raorti TY
•
NMIE AND AODia&
1~71 34 1 10 024
Drees, Robert Oon•l d &
l'largoret C., Jt Ten
2801 S. Lincoln
Cnglewood, CO 80110
1971 34 I II 009
Leiker, Janet Morte
5569 S. Greenwood St.
littleton, CO 80120
1971 34 I II 010
Hussander, Helen r.
2989 S. ltntoln St.
EnglNOod , CO 80110
Allen, Ethel r.
2963 S. ltntoln St.
(n~lewood, CO 80110
19 71 lt I II 013
Cllenberger. Goldte l.
2968 s. lincoln St.
(nglNood, CO 10110
1971 34 I II OU
'Ylone, J1 s I. & hclltl L ..
7 Jt Ten
2955 S. llncolft St rn 1 d
47-
48
Kill ies Sub Res 6/7
(2801 S. Lincoln St .)
25 l S 3/4 of 26, 8lk . I, St r1y ers
8dwy. Hts.
(2991 s. ltntoln St.)
Nla of lot 26, Ill of 27 & S't I
of 28, Blk. I, Str1yers Bdwy.
Hts.
N't tot 28, •ll of 29 & 30 &
S't of ll Blk. I, Str1yers
8dwy . Hts.
N't tot ll, •ll of lZ, Ilk . 1.
Stroyers Bdwy . Hts .
(2963 S. ltncoln St.)
33 & S't of 34, II • 1, Stroytrs I y . I
Hts
(2961 S. ltr~<COIII St.)
II lot 34, oll of lS, Ilk. I,
StrtytM I 1 • Hts .
(Z9SS S. lfiOCol~ St .)
StriJtt'l • HU .
(lt I S. Lh~<th St. I
31 & S't of , 11 • I, Stra1trt ... y .
Htl,
(t l S, liiOCtht St.)
)9 • .,
$695.42
$818.25
$1 1 9 2 .15
$~96.07
$596.07
$596.07
397.38
NMIE AND ADDIIRI
197 1 34 I II 024
tl etze l , Vi v i enne"·
2915 S. Linco ln St .
Engl ew ood, CO 80110
1971 34 I 12 011
•
• •
DUCIIIPTION Of l'tOPEITY
..... llock
4 3-
44
SUIDIVISION
Strayers Bdwy. Hts .
(291 5 S. linco ln St.)
Un ite d MetOOrh l Service Corp. 25-8 Stroyers Bdwy . Hts .
9 1 E. Oortlllouth Ave . 26 (91 E. Oart1110 uth Ave .)
En g lewood, CO 80110
' 1971 34 I 12 0 12
Thom ps on, Gladys 11 . 27 & S'l of 28, Blk . 8, Stroyers Bdwy .
ct o Jam e s A Bor boro Hunter
1045 S. Emers on
0
G 1 enod e 11 e w.
7781 S. Curt Ice Or., I F
Littleton, CO 80120
1971 34 1 12 014
Ill is, Peggy J. & lowrenc e
s M. I l nda & lowr e nce M., Jt
Ten
3012 S. Br oodway St.
Englewood, CO 0110
Hts .
(3083 S . Lincoln St.)
N'J l o t 28, oll of 29, Blk.
St r a yers Bdwy. Hts .
(3077 S . Lincol n St .)
8, j
30 a S'l o f 31, Slk. 8, St roye rs Bdwy .
Hts .
(3071 S. Lincoln St.)
$794.77
$794.77
$803 .08
$826.88
·~--------------------~--------------~-------------------
1971 34 I IZ 015
,_d c on Na tlonol Ploblle .._
7 lrohrs, Inc .
17 44 'latte St., IUZ
lf 'l lo t 31, all of 32, Slk .
St r oyers Bdwy. Hts.
(3067 S. lincoln St.)
ll & Sit of 34 , 11 . 8, St r a yers adwy .
Hts.
(30 t S Lincoln St.)
I&My, lS a II\ of )4, Ilk . I, Streyers ldwy .
HU . uo s s. Lh1co111 st.)
36 & S'l of 37, 81
lfts,
()()49 $, llncOl ft St.)
c.. 41 •
$74 5 .9 5
$596.07
$940.13
...
. 07
.07
I •
-
N.A.ME AND ADDlES$
1971 34 I 12 023
Thompson, Duane Clark ,
c/o Dorothy [. ferrara
3917 Spruell Or.
Kensing ton, HO 20895
•
•
'. •
SUIOIVI$10N
et al H & S'> of 45, Olk . 8, Strayers 8dwy.
s.'
Hts.
(3015 S. Lincoln St.)
' II 56.5 Ft. of H 20 Ft. of Lot
47 & II 56.5 Ft . of lot 48,
Blk. 8 , Str~yers 8dwy. Hts.
4 [ l
& Hit of Lot 2, Blk . 7, Strayers
8dwy. Hts .
(3000 S. lincoln St .)
s" Lot 2, all of 3, en . 7,
Strayers ldwy , Hts.
(3010 S. Lincoln St.)
Strayers ldwy . Hts .
(3012 S. Lincoln St.)
Strtyers I y . Hts.
(3016 S . lincoln S .)
7-1 Strayers ldwy Hts.
( 020 S. Uncol• St.)
t -10 7
h .
Itt 1,)
$1,231.80
$675.55
$437.05
$278.24
$596.07
$1,434.98
$397.38
794.77
$1,219. ss
I .
•
2
NAME AND ADOlf$$
197 1 34 I 13 Oil
Zimme rle, Kenneth J.
3064 S. Lincol n St .
Englewood, CO BO liO
Weems, Harry
3078 S. Lincoln St.
Englewood , CO BOl iO
1971 34 I IJ 014
lot llodt
17 -
18
•
• •
SUIDIVISION
Strayer s Bd wy. tits.
. ( 3064 S . Ll nco 1 n St. )
Hiller , 19 & N's of 20, Blk . 7, St rayers Bdwy .
Hts.
( 30 72 S. l t nco 1 n St. )
S's o f Lot 20, all of 21 & 22,j
Blk . 7, Strayers Bdw¥. Hts.
(3078 S. Lincol n St.)
frerk t ng, Dean A. & Ren ee
309 S. Llnc:oln St.
23-
24
St rayers Bdwy. Hts.
(3096 S. Lincoln St.)
Engl ewood, CO 80110
1971 ]4 1 14 01~
Green, ar 1a (ve
s 285 (. Cl1r t 110u ~ Av~.
(nqlewood, CO 80110
25 & S~ 26, Blk . 6 , Strayers Bdwy . Hts J
(285 r. Onuoou t h Ave .)
Nt, Lot 26. all of 27 & St, of
28, Ilk . 6, Strayers Bdwy .
Hts .
(3085 S. Grant St.
II\ lot 28 , all of 29,
Strayers Bdwy. Hts.
(3075 S. Grant St.)
lO-6 Str•.,ers I y . Hts.
ll (:11)11 S , Grant St .)
r A •• l4-
J6
• )7. '
S ra.,en 1 U .
(lOtt S. Cra~t St.)
$794.77
$724.05
$1,035.74
$794 .7 7
$864.83
$794.77
$1 ,048.43
$l ,H9.8 7
$1,169.41
$1,37 .4 0
•
• •
OUCtlrTION Of l'tOPfiiY
NAME AND ADDIInl lot-$UIOIVISION
1971 34 1 14 022
Herndon , R f chard L. & Susan L ., 46-
Jt Ten 48
3001 S. Grant St.
Strayers Bdwy . Hts.
( 3001 S. Grant St.)
[n9l ewood, CO 80110
1971 H 1 15 001
Seooofch , John 1-2 Strayers Bdwy . Ht•.
(3000 S. Grant St.) 11114 W. Pacific Ct.
Lakewood , CO 80227
1971 34 1 IS 002
Shepard , Norbert 0.
2951 S. Madison St.
Denver, CO 80210
Laboytl
3 & N 22 Ft. of Lo t 4 , Blk. 5,
Strayns Bdwy . Hts.
(3012 S. Grant St.) .
S 3 ft. of Lot 4, all of S, ~~
N 7/8 of Lot 6, Blk. 5,
Strayers Bdwy. Hts .
j
S 1/S Lot 6, all of 7, & N 3/S
Bh. 5, Strayers Bdwy .
J
Lo ts 1
9-10
11-S Straytrs y . HU.
ll (3040 S . Gr.nt St .)
t). S tr~yt" ... ,. Hts .
14 (l04 s. Cr.nt St .)
IS-S
16
$1,192.15
$1,084.71
$747.08
$1,840.34
$1,404.49
$1 043.05
7
794.77
$794.77
.77
., • 77
•
-•
• •
OESCIIIPTION Of I'I!Of'fUY
NAME AND AOOttN
1971 34 I 25 001
Hogan , Ed ward W.
2902 S. Lincoln ~t.
Englewood , CO 8011 0
1971 34 I 25 004
Aspromonte-Piccoll, Clara B.
2 28 S. Lincoln St .
englewood, CO BOliO
1971 34 I 25 005
AsprOtOOnte-Piccoll, Chro B.
2928 S. lincoln St.
Engl--.ood, CO 80110
1971 l4 I 2S
Ellen er ~r. Goldie l.
6 2968 S. liiKOln St
En9ltwood, CO 0110
I
l ol -
1-2
SUBDIVISION
S tray~rs Bdwy . Hts.
(2902 S. Lincoln St.)
3-4 St rayers Bdwy . Hts.
(2910 S. Lincol n St .)
5-6 Strayers Bdwy . Hts .
(2912 S. Lincoln St .)
7 & N\ or 8, Blk . 2, Str~yers Bdwy .
Hts .
(2928 S. Lincoln St .)
S't or Lot 8, •11 or 9, Ilk. 2,
S tr~yer s ldwy . Hts .
10 2 Strlytrt I y , Hts .
(293 S. lincoln St.)
11 -Strayers ldwy. Hts .
12 (2946 S. lincoln St.)
$794.77
$1,708.78
$2,209.19
$657.49
$596.07
397.38
$794.77
$721.90
.07
.71
I .
, .. ,,
3
1971 34 1 26 001
Thol'lpson, Loran F.
1354 S. Eliot St.
Oenver , CO 80219
1971 34 I 26 002
Cook, Robert A.
2816 S. lincoln St .
Englewood, CO 80110
1971 34 1 26 003
Steinbach, Christopher John
28 20 S. lincoln St.
Englewood , CO 80110
1971 34 1 26 004
Archuleta, (lutero 0.
£rlfnda M., Jt Ten
2828 s. lincoln St.
(n 1
,.
1-2
J-4
5-6
7-8
9-10 J
•
• •
SUIDIVISION
X ill ies Sub Res 6/7
(2800 S. lincoln St.)
Ki 11 fes Sub Res 6/7
(2816 S. lincoln St.)
K i 11 I es Sub Res 6/7
(2820 S. lincoln St.)
Ki 11 fes Sub Res 6/7
( 2828 S. l I nco 1 n St. )
Kf 11 fes Sub Res 6/7
(2840 S. lincoln St.)
IS & Mit of 16, Ilk . 3, fllles Sub
Resub 6/7
(2056 S. Lincoln St.)
17 & S\ of 16. 11 • 3, flllfl Sub
hsui 6/7
(t S. ~I,.COll\ St.)
1 ... 19 3 Hilts Sub·~~ 6/7
(l H $ lil'Ceh• St.)
& lO & II
1 238.76
$794. 77
$1,164.29
$2,255.07
$794.77
794.77
$730.57
$653.20
$1,095.25
11, 0 • 7
I
•
• •
----------------------
f-lAME ~NO ,.QOIESS lot l loclo ~UIO I V I SION
19 '1 34 2 0 1 001
Yooni e m, Chub 1-2 l d lNild
2700 S. Acom a St. ( 27 00 S. Ac oma St . J
Englewood , CO BO liO
3-4 9 ldlNild
(2710 S. Acoma St .)
$121. 52
5-6 9 ldlNild
(2718 S. Ac01111 St .)
$121.52
Dea n, Ronal d l. 7-8 9 )dlNild
~ 272 6 S. Ae ON St . (2726 S. Ac-St .)
tngl N ood , CO 80 110 $121. 52
1971 34 2 01 005
Boston , rranklt n E. 9-10 9 ldlNil d
341 Homest ead Rd . (273 4 S. Ac-St .)
( llubeth, CO 80107 H21.52
11-12 ' l d1 1W I1 d ~ • (2742 s. Ac-St .) "
$121. 5:l
36-37 ' Idlewild
(2~49 s. II"'a y)
$60.7 6
42-44 ' ldlewt d
(2709 s. lrN
182 .28
4~4 ' ,., .. ,,.
(27 s ......
$121.52
,,
• & AI • . '· 10 It •• t It ...
~
-•
• •
----------------------------·---
!.lAM( AND AOOH.SS SU81 -1 VISI (JN
1 ~71 34 2 02 00 4
V1gi1, Eugene S. ~Elain e A., 7-8 10 Idlewild
Jt Ten (2728 S. Bannock St.)
2728 S. Bannock St.
[ngl ewood, CO 80110
1971 34 2 02 005
Campbell, Winifred V.
2736 S. Bannock
Englewood, CO 80110
1971 34 2 02 006
'larshall, Puth P1.
1680 S. Hum boldt S T.
Denver, CO 8021D
1971 34 2 02 018
1
9-10 10 Idl ewil d
(2736 S. Bannock St.)
11-1 2 10 Idlewild
(27 42 S. Bannock St .)
Carlson, Jal'les e. & Diann1 L.37-38 10 Idlewild
~ 7020 Penrost C . (274 3 S. Acoma St.)
littleton, CO 80122
1971 31 2 oz 019
Reed, Thoaas Ral rh
5 2409 S. ShtrNn St.
Denver, CO 60Z10
39-40 10 ldltwild
(2735 S. Acoma St.)
41-42 10 .1dltwlld
(2731 S. ACOIIII St.)
43-44 10 ldl.wlld
(2719 s. Acou St.)
45-16 10 ldlNild
(Z711 S. Ac
U-4 10 ldlNI d
St.)
(2701 s. Ac ,. t .)
l-l 11 ldltwtl'
(l700 S. C • St .)
$124.07
$124.07
$124.07
$124.07
$1 2 4 .07
$124.07
$124.07
$248.14
I •
-
2
•
• •
I • SCR I• 1 KJif'\1 ... urtllY
NAME AND I OOI.hS
lq71 34 2 03 006
Cuesta , Oani•l l. & Li nda
Ooyl •, Jt T•n
27 0 S. Chrrok•• St.
(ngl•wood, CO 80110
Scott, "argaret
Lot -
SUIOt\/ISfON
11 -1 2 II ld l N1ld
(2750 s. Chorok•e St.)
I
37-38 11 Idlewild
(2743 S. Cherokee St.)
I
39-40 11 Idlewild
l 2737 S. Bannock St. 1(2737 s. Bannock St.)
Englewood, CO 80110
41-42 11 Idlewild
(2727 s. ll~nnock St.)
& 43-44 11 Idlewild
(2719 S. lannock St.)
& Joy J. ,45-46 11 Idlewild
(27 11 s. lannock St .)
47 ·41 11 1-lewlld
(2703 S. la11110ek St.)
reSt .)
t ,)
te .)
t ,)
t .
$127.90
$127.90
$127.90
$127.90
$l 293.60
$1,535.13
5719.51
$130.24
-•
•
•' •
06CIIIrTION Of PIIOI'UTY
1971 34 2 04 020
S•cretary of Housing & Urban 41-42 12 Idlewild
0@Y@10pol@nt (2725 S. Ch@rOk@e St .)
1405 Curtis St .
Ouv•r, CO 80202
1971 34 2 04 021
Channel, Gary L. 43 -44 12 Idlewild
2 2717 S. Cherokee St. (2717 S, Cherokee St .)
Englewood, CO 80110
1971 34 2 04 022
Roller, lloyd & Lois '-·, Jt 45 -46 12 Idlewild
3 Ten (2711 S. Cherokee St .)
2711 S . Ch nokee St .
En 1 d 8
Monroe, Roger r , & Vickie 41 -4Z
5 M .. Jt Te n
C/O Willis
3790 w. 77 th ,. ••.
llest•i ns ter , CO 80030
12 Idlewild
(2701 S . Cherokee St .)
Terry's Add ,
(272 7 S. Dehware St.)
$130.24
130.24
$130.24
$2,243.28
$130.24 ·~----------------------------------------~~~-----------
1971 34 l OS 013
Zua h, lltrtan L. & Do n, J t 4 )-U Z Terry's Add ,
7 Ten (2719 S. Doltwaf'e St .)
l1U S. Delaware St.
r 1
Jr . & 45 -46 Terry's Aclcl ,
(2105 S . Dol-rt St .)
$2,124.5,
lt·•O t ferr}''l Add ,
(l73S S. 1-re St .)
$130.24
r l
I • •
-
NAME AND ADOifS$
1~71 34 2 05 021
Smiley, Gary w.
27 4 2 S. (lati St .
(ngl i!Wood, CO 80110
Roelker , Den nis L.
Executive Club Bldg ., Suitt
11010
1777 S. Harrhon St. ·~"
Denver, CO 80210
lol -
•
• -
SUIOIVISION
Part of Lots 37-38 Desc. u I
Beg . at SE Cor . Lot 37; Th . W
125Ft.; Th. N. 25Ft .; Th . £
25 Ft .; Th . N. 20 Ft .; Th. £.
37 .63 Ft.; Th . S. 12 .03 Ft .;
Th. £. 4 .09 Ft.; Th . S. 2 .63
Ft .; Th. £. 5 Ft .; Th . S .
23 .34 Ft.; Th. £. 53 .28 Ft .;
Th . S. 7 Ft. to Beg .
74
I I Aou Add .
(3100 S. Grant St.)
K,, 2-3 Rose Add .
(3106 s. Grant St .)
4-5 I Rose Add .
(3120 S. Grant St.)
6-7 •ou A d .
(3124 S. Grant St.)
t-t 1 lose Add.
13134 S. Gr1~t St .)
IO.t4 I ote ~.
01 S C rlt~ St .)
A e ,)
St . I
t ,,
.....
( I I S,
62.05
$889.30
$794.77
794.77
77
$856.19
$9 ,12 5.81
I •
7 •• ,
@
-
•
5
6
•
'
10
II
12
,,
••
•
• •
DHCJIIPTION Of I'IOI'liiY
NI.ME AND ADDIHS 101-SUIDIVISION
1971 34 4 06 018
Bertha, James R. & Robert 0. , 35-36
Jt Ten
Rose Add.
(3151 S . Grant St.)
3151 S. Gra nt St.
Englewood, CO 80110
1971 34 4 06 019
Peechln, Caroline A.
3145 S. Grant St .
Englewood , CO 80110
Chlras, Oanlel 0 .
31~7 S. Grant St .
Eng l ewood, CO 80110
1971 34 4 06 022
Ratty, ThofOU Robert
c /o U. S. Mortgage
216 Hadden Ave .
w N
Sk i d1110re , Pauli ne P.
J i ll S. Gra n St.
£n?1 ewood , CO 8011 0
19 71 34 4 06 024
37-38 2 Rose Add.
(3 14 5 S. Grant St.)
2 .Rose Add.
(3135 S. Grant St.)
41-42 2 Rose Add.
(3127 S. Grant St .)
43-44 2 Rose Add .
(31 2 1 S . Grant St.)
45 I Sit o f 46, 81k . 2, Rose Add .
(3 111 S. Grant St .)
Rees , Willis 11 . I Mabel
J t Ten "·. l ot 46, all o f 47 -48 , I lk .
2, Rose Add .
General De 1 Ivery (3 101 S. Grant St .)
M•nc
• Ll h 25·26 7 lou Add .
(l 5 £. floyd Au .)
1 Jou Ad ...
Ul l S. Cr1nt St .)
• (ll77 S •. Crlllt h.)
.. Tn~s tt e ll·ll Add ,
11 '· r111t St ,)
•It, J ll & S I 1\, or •• 11 • 1, ....
( l S . Cra 11t $t.)
Jt
$794.77
979.26
$794.77
$1 ,513.78
$596.07
l 173.07
$98 0 .04
306.58
•
I
-
2
NA.M[ ANU ADDRESS
1971 34 4 11 02 0
Ryan , John Timothy &
Cynthia Lee, Jt Ten
3223 S. Grant St.
Engl ewood, CO 80110
Amstrong, Bruce H.
4690 W. Wyoml ng Pl.
Denver, CO 80219
1971 34 4 II 024
Sull han, no renee G.
J:ll S. Gran t St.
r~gl d, co aono
19'1 34 4 II OZS
~a r. Orlan Paul
6 JlOI s. Grant St.
£nglr>oood, CO 80110
19'1 4 4 12 001
•
• •
------------------------
ll. .. l Bloc\ I SUB OI VISIOfi
H 5 rt . of Lot 38, all of 39,'
& S. 5 Ft. of 40, Blk . 7, :;
:Rose Add.
(3223 S. Grant St.)
I
N 20 Ft. of Lot 40, all of 41,
Blk . 7, Rose Add.
(3221 S. Grant St.)
42. S'l of 43, Blk. 7. Rose Add .
(3219 S. Grant St.)
Nit lot 43, all of 44, Blk. 7,:
Rose Add.
(3215 S. Grant St.)
45 -46 Rose Add.
(3211 S. Grant St .)
47-411 7 Ron Add.
(3201 S. Grant St .)
1-2 1 II lose Add. pzoo s. Crfnt st~
II 16 rt . I ln. of lot 4, all
ot l, 11 • a, aou Add.
(l216 ~. Crlnt St .)
I
l
$678.93
$715.29
$596.07
$903.70
$946.4 3
$1,105. 4
I
-•
• •
DUcaiPTIOH 0# I'IOf'fiiY
NAME AND ADOIOS
1971 34 4 12 009
Putman, Jodie M.
3254 S. Grut St .
Englewoo d, CO 80110
Gilbert , J. Se t h
3284 S. Grant St.
Englewood, CO 80110
1971 34 4 12 014
ThOIIIIS, Do rothy C.
32?4 S. Grtnt St .
Englewood, CO 80110
1971 34 4 12 028
3270 S. Grant Vtntwre
S 32 0 S. Grent St.
Englewood, CO 80110
19 1 35 2 00 03'
McClwn9, Rupert , • & blh £.,
6 Jt Ttn
2700 S Ogde St .
(ngl , CO 110
7
SUIOIVISION
14-15 8 Rose Add.
(3254 S. Grant St.)
20 I N't of 21, Blk. 8, Rose Add .
(3280 S. Grant St.)
Slo of lot 21, all of 22, Ilk.
8 , Ron Add .
(3284 s. Grant St .)
23-24 8 Rose Add .
(3294 S . Grant St.)
16-19 8 Rose Add.
( 3270 S . Grent St .)
ThH put of NE\1 of IN's of 1111
'• of Sec . 35-4-68, re ,ert .
Desc n c-It 1 ,t w lch h
lO rt s & 4 o. 6 H . w of NC
Co r of [ of of Jl of
.I
Sd Sec 5-4-68, Th . s 75 n .,
Til. w 1S0 .2t n . MIL t o r li ~~t
S. OfCI St., T • N. 75 ft .
Alt . C. l111t of S. Ofd St .,
th. c. 150.29 rt. to ,t of Itt .
IZ100 • 09M11 St ,)
1 364.54
857.08
$872.45
1 237.37
I • •
()
• -
• •
OfSCitPTION Of ,.OPI!ITY
NMIE .. NO .. OOIW l .. llod< SUI DIVISION
1971 35 2 00 04 2
Schroede r , Robert l . • C01110 a t 1 Pt on S line of Yale
Marilynn A., Jt Ten Ave 330 .57 Ft W I 30 Ft S of
1100 E. Yale Ave . NE Co r of NE'c of NW'c of NW
Engl ewood, CO 80110 'c of Se c 35-4-68; Th E 75 Ft;
t Th S 14 9.35 Ft ; Th W 75Ft;
Th 11 149.35 Ft to Pt of l e g
(1100 E. Yale Ave.) NA
1971 35 2 00 04 7
81sgard, Jick R.,Sr . Parcel of land Des c. as Beg
lorene J., Jt Te n at 1 Pt which h 30 Ft S I 30
960 s. rul t on St . Ft W o f NE Cor of NE'-of NW'c
Denver, CO 80~)1 o f Nil\ o f Sec .35 -4-68; Th S
Al g W line o f S Down i ng St a
Dfs t of 74 .53 Ft ; Th W ISO Ft;
Th II 75 Ft N/l to S. line of
Yale Ave; Th E IS O Ft t o Pt NA
f
DeRuiter, R•ywoond C. & hg lO rt S I 180 Ft W o f NE
5 Florence A., Jt Ten Cor of NE 1111\ 1111\ of Se c 35-
1150 E. Yale Ave . 4-68; Th 5 75 rt; ThE 20Ft;
Englewood, CO 80110 Th S 75 Ft; Th W 83 rt; Th H
149 .35 Ft; Th E 63.07 Ft , N/l
• to ltg .
(1150 c. Yale Awe . l NA
1971 35 2 01 001
Yogt, Mirgu et N. N't or 11 of Lot 1 , Ilk 2,
2700 S. ENrson St. McChlrs Forest Hll I
Cngl-od, CO 80110 (2700 S. E•rson St .) $2 59.77
N't of of lot 4 , Ilk 2, • Chlrt forest Hill
(2701 S. Otden St.) NA
Fo res t • $ Ol. 34
'· 10
II , "'· 1·11. 40. 0 )
" $
••• s. liU I!
,) I •
14
•
• •
DlSCIII'TION Of -ITY
NAME AND AOOIISS
2077 03 1 05 026
Kl dbtk
543 3 S . Eooporla Ct.
(ngl ewood, CO BOlli
2077 03 1 05 028
Safewoy Stores, Inc .
• 14406 r. [vons he •• 1200
Arvoda, CO 80014
Key Sulngs & Loan Assn.
5690 ore e1v
Engl-d, CO lOlli
2077 OJ 1 14 023
IYwtl)le holt l es Nt Ver100n 0
I Lfatted '•rtner~ill'
1716 S. Jeckson St.
Oell•f'r. co 10210
•
lol llock
7-ll,
40-42
SUIOIVISION
& S~ Lot 43, Tog w/Vac tllty
Btwn Sd Lots, (xctpt thot port
Oesc u Beg ot NE Cor Lot 7; .
.Th S to • Pt Being 7Ft S of
,NE Cor Lot 8, Th W 125 Ft to
.Eline of S Grant St; Th N 16
Ft; Th E 99 Ft; Th liE to Beg
Except r . 7 Ft of Lo ts 40-4 2
11nd s~ of Lot 43, Ilk. 4,
8 I rches Add to S Bdwy Hts .
2nd Flg .
(3531 S.Logon St.)
.Lots 14-35 ond Lot 12-39, Ilk .
4 , Tog . w/Voc St. & alleys
Adj Sd Lots & Ilks, Except
parcel Due . u Beg. 15 Ft . N
of SW Cor Lot 22, Blk 3; Th E
58 Ft; Th S 35 rt; Th E 170
Ft ; Th N 20 Ft; Th ( 16 Ft; Th
,SE 44 Ft; Th Alg 1 cur•e to
the right 31.85 rt; The SW 30
rt; Th W 240 Ft; Th N 105 Ft
to Beg & E•cept Hwy & C.cept
[ 7 Ft of Lots 29-39, Ilk 4
for St •• Birches Add to S
E's Ilk 8, Higgins Eng. Gdns,
£a Hlway
()601 S. Clarkson St.)
'"'t of S't Ilk 7, Higgins
Entl-d Gdns Oesc IS Beg at
$[Cor Sla Ilk. 7 , Th 116 .3 H;
Th N 176 ft t o True 'DB; Th II
ll3 rt, Til S 74.33 rt, Th £ 40
rt; Til N )4,]) rt; Th £ 64.])
rt; Til N 13 .83 rt, Til t 1.67 '
rt; Ttl N 26.11 rt to leg , AU 1 AJtrt•nt '•reel 0 & to. lot In
C n Areo A
$1 732.59
NA
$3,505.23
(777 £ Kenyon A•e .) I0 ~--------------------------------------------~$~3~0~·~·~·~----------
to11 OJ 1 14 t •
Cllott , lie rt & CUt th h, r.
$30 4.4
.. I • •
0
NAME "NO .. OOIRS
2077 03 I 14 025
Elliott, Rlchord H. &
Gtasatakls , James E.
1776 S . Jackson St.,
Ouwer, CO 80210
2077 03 1 14 026
Elliott , Rlchord H. &
Glasafakls, James E.
1776 S. Jackson St .,
Oenwer, CO 80210
•
• •
OESCIIPIIOH Of PICl'!ITY
lot ,llod SUIOIVISION
Part of SO, Blk 7 & Sll\ Blk 8,
Higgins Englewood Cdns Oesc
as Beg at SE Cor SO, Blk 7; Th
W 6.3 Ft; Th N 18Ft to True
POB; Th E 113 rt; Th N 74.33
Ft; Th W 40 Ft; Th S 34 ,33
,rt; Th II 64.33 ft; Th S 13 .83
Ft; Th W B.67 Ft; Th S 26.17
; Ft to Beg, AKA Apirt!IM!nt Par-
cel B & 'l lnt In Ca-ln Areo
A (777 £. Kenyon Awe.)
Part of SO, Blk 7 & Sll\ Blk 8
Oesc as Beg at SE Cor S\ Blk 1 7; Th W 6.3 rt; Th N 176ft
to True POB; Th E 113 Ft; Th
S 74,33 rt; Th W 40 rt; Th N
34.33 ft; Th II 64 ,33 rt; Th N
13.83 rt; Th II 8 rt; Th N
26.17 rt to ltg, AKA Apnt-~
Mnt Parcel E & '¥ lnt In Coe-1
liOn Ar•a A (777 [. •nyon A•••
304.46
$304.46 ·~----------------------------------------------------
ton OJ 4 01 001
Brobst, Wlllh• £. I AII•M 1-3
7 II., Jt Ten
3142 S. Gaylord St.
tn 1
-1
... ,
S. I y Hts .
(3908 S, lltshlngton St.)
S. I y . Hts .
(lt1Z 5. llaUinttOII St .)
1 s
(
St .)
. ,
c.l
t ,)
J
$1,227.80
$818.53
$818. 53
$81 • 53
•
NAME ANO AOORUS
2077 03 4 0 1 009
Wilcox , Yo ko
397 8 S. Washington St.
[ng l ewood , CO 80110
20 77 03 4 01 010
•
• •
lot l loclc SUIOIVISION
19 -
i 20
IS . Bdwy . Hts .
(3978 S. Wuh i ngton St .)
I
Jea nnette, 21-S. Bdwy . Hts .
22 (3980 s. Was hi ngton St .)
23-S . Bdwy , Hts .
24 ,(3998 s. WIShi ngton St .)
25-27 2 S. Bdwy. Hts .
(3995 s. Wuh ington St .)
28-29 2 S. Bdwy. Ht s .
( 3977 s. WIShing t on St.)
30-31 2 s. ldwy. Hts.
(39 9 s. Wuhington St .)
.. 31-3) 2 s .• y • Hts.
(3961 s. tshlngton St.)
34-lS & s•, or 36. 11 . 2. s .• 'I· Htl. I
(39 I S. Washing t on St.)
' • 11 .J
818.53
$818.53
$1 ,.!27.80
$818. 53
$8 1 8.53
$8 U. 5 3
1,023.17
Sll .S
I
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(
NAME ANO AOottfSS
2077 10 2 28 010
S p~don, Mary G.
4691 s. Ch~rok~~ St.
Englewood, CO 80110
2077 10 2 28 011
Kupftr, Lillian B.
~681 S. Ch~rok~~ St.
Englewood, CO 80110
lro\ Ius . Fred Doughs & Joyce
• £.. J t len
• 4l S. c troktt St.
(ttgl d, co 80110
J.
lot , llock
6
8
•
• •
SUIOlVISKlN
Gr~~ns Sub 2nd Fl g .
(4691 S. Ch~roku St.)
Gr~~ns Sub 2nd r1 g.
(~681 S. Ch ~roku St .)
Greens Sub 2nd Fl g .
(~671 S. Ch~roku St.)
Gr~ens Sub 2nd Fl g.
(~661 s. Cherokee St.)
10 Greens Sub 2nd Flg .
(~651 S. C h~rokee St.)
' .
That ~Wrt or lot ~. Ilk . I
uru Su Desc as Beg on S
ltne Lot 4 30 ft II or SE Cor
N SO rt II 132 .25 rt S 50 rt
,E 132 .25 rt to Itt rx •lley
(4643 S. Clltroktt St .)
S l rt of tilt C 13!.2 ft of
Lot J, 11 • I, uru Su & Til& n r of c lll 25 rt or Plot
4, II • I. Clirtl C. lllty
& • St.
(t l S C rt St .)
.,
$1 ,960 .65
$1 ,330.30
$1 ,626 .43
$2,420.57
$2,062.16
$1,037.17
$1,29 .41
I .
2
NAM( AND ADDifSS
2077 10 z 29 003
Ogden, G1yle Ann
4160 S. Cherokee St.
Englewood, CO 80110
lutz, Llrry T. I lind• J .
• 12331 N. 4th St.
Plrktr, CO 801l4
2077 10 2 29 007
Htnslty, lilly L. I Ehlrl,
S Jt Tt11
•
•
•
10
II
14
4660 S. CMrokM St.
'••ttl, Ooro tlly c.
4680 S. CMrokH St . En,, ... co 10110
4
6
•
t
10
•
• •
sueDIY!SIOH
6 GrHM Sub 2nd fig.
(4620 S. CherokH St.)
6 GI'Htls Sub 2nd F 1 g.
(4610 S. CMrokH St.)
6 GrHfts Sub 2nd F 1 g
(4640 S. CMrokH St.)
6 GrHIII Sub 2nd Flg.
(4650 S. CMrokH St .)
6 ,GrHfts S11b 2nd Flg.
1(4660 S. CMrokH St.)
6 I GrHM Sub 2nd fig •
1(4610 S. (MrokH St.)
' GrHfts ... 2nd fig.
(4680 s. CMrokH St.)
' ,,.....s lnd n 1 •
(46 S. Cllero H St.)
$1,244.60
$1,244.60
$1,244.60
$1,851.63
$1,601.27
-•
• •
RESOLUTION NO. tf
SERIES OF 1988 -j
A RESOLUTION AUTHORIZING THE NOTIFICATION OF
PROPERTY OWNERS OF ASSESSMENTS WITHIN PAVING
DISTRICT NO. 32 AND ESTABLISHING A DATE FOR A
PUBLIC HEARING ON THE ASSESSMENTS.
WHEREAS, the street paving and curb and qutter and
sidewalk improvements within Paving District No. 32, in the City
of Englewood, Colorado, have been substantially completed: and
WHEREAS, a statement showing the whole coat of the
improvements and a proposed apportion.ent of the same against the
real property within the District has been filed with the City
Clerk: and
WHEREAS, the City Council has considered the special
benefits accruing to each lot or tract of land within the District
by reason of the aaking of the i•prove .. nta and has deterain d
that the apportion.ent of the asaesa .. nts for said i•proveaenta,
as set forth in the asaeaa .. nt roll, is in accordance with such
benetita: and
WHEREAS, Section 11-2-7 of the MUnicipal Code of the
City provides that prior to the tinal passage of an ordin nc
levying aaseaa .. nts upon the real prope y in t .he District, th
City Council shall, by resolut ion, H a ti .. and place for a
public h aring on th assess nts: and
WHEREAS, Section 11-2-7 furth r provides that th d te
o! he h arLng ah 11 not be 1 sa th n !1ft n (15) days after th
firs publica on of such no 1c 1
0
IT
WL·""'"'u• COLORADO•
1. h
y Cl CYL 0 TR! CITY 0
:#
q
•
•
• •
apportioned according to benefits and that a hearing on the
assessment roll will be held on Monday, April 11, 1988, at the
Municipal Building, at 7:30 P.M. or at such later ti•e as the City
Council is able to hear it in its nor.al course, prior to the
final passage of the assess•ent ordinance. In addition, notice of
the time, date and place of the hearing shall be •ailed to each
owner of real property to be assessed with the cost of
improve•ents, on or about the date of the 1st publication of this
Resolution.
2. The whole cost of said i•prove .. nts within Paving
District No. 32 is the a•ount of $385,741 .88, said a•ount
including costs of inspection and collection, incidentals and also
interest as allowed by law. The City will pay approxi .. tely
$127,046.60 toward the total cost, leaving the a•ount of
$258, 695.28 to be assessed against the real property specially
benefited and included within the District. The a•ount to be
assessed against each lot or tract of land is set forth in the
assessaent roll filed with the City Clerk.
3. That any co~laints or objections which .. y be .. de
in writing by the owners of real property within the District, to
the City Council and filed in the offic of the City Clerk on or
before Monday, April 4, 1988, wi ll be considered and heard by the
City Council at the special .. eting of the City Council, on
Mond y, April 11, 1988.
4. Any co plaint or objection to tb
th proc edings aken therefor
as p •• n ed in i
bov •
on h 11
sh ll no
validity
sh 11 be
nd in r
-
•
•
•
• •
provisions of this Resolution, it being the intention that the
various provisions hereof are severable.
ADOPTED AND APPROVED this 7th day of March, 1988.
( S E A L
Susan Van Dyke, Mayor
ATTESTED:
Patricia H. Crow, City Clerk
I, Patricia H. crov, City Clerk of the City of
Englewood, Colorado, certify the above and foregoing is a true,
accurate and coaplete copy of Resolution No. __ , Series ot 1988, passed on March 7, 1988.
Firat Publication -March 9, 1911
Last Publication -March 23, 1918
Englewood Sentinel
Patricia H. Crow, City Clerk
I • •
PA \llt~G
2100 s .
2700 s .
3100 ••
Ci ty or Englewood
" ,, .
"'
•
• •
DISTRIC 'T NO. ~32
~
0
0 .. Reconstruction
·fh~y::d!:¢i:=#~~i*=~~Hl~~~H o.'""'
IIJ+tl~H-H•:!-(~~I"~t1 "''""....,
~.L.r..olf.~H).D-!I-H+<lHHH-1H-D+fu....qo
~~+oC~:!-{p'\}oOo0-(1-froj~l'loltl.lf
'
·4 · 7 J
1•••··--
I .
F t ~VING
" 0
~
N
§
_g.
N 2100 a . Even•
Adr'eUc
Warttn
Bolhc
lltfl c ....... .,..wy
loiott .
2100 ••
• ••••
c., ....
2100 •• o., .... .,, ..
1100 I . He•ette "
City ol Engltwood
•
•
• •
DISTRICT NO. 32
0
0 ..
Overlay
OTE: 100-300 AND 700-00 E. YALE
NOT SUBJECT TO ASSESS IE . 'T
ARE STILL SUBJECT TO ASS-
NECESSARY CO CRETE.
,
I •
•
•
C 0 U N C I l C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
March 7, 1988 8i-City/USGS River Gaging Station
8i-City Treat.ent Plant Supervisory C~ittee
INITIATED BY ------------------------------------------------Authorize City Manager to sign 1 Joint Funding
ACTION PROPOSED·----------------------------------------------
Agree.ent for and on behalf of the City of Englewood with the U.S.
Depart.ent of Interior Geological Survey (USGS).
The flow In the South Platte River Is 1 key par ... ter of the discharge per.lt
issued to the Bi-City Treat .. nt Plant. Measur-..nt at the plant ts, there -
fore, needed to efficiently ... t penalt requlr ... nts. The 81 -City Plant en -
tered an agree.ent in 1985 with the USGS whereby the 81 -Ctty Plant would fund
the construction of 1 river gaging station and pay 501 of the operating costs
while the USGS perfor.ed the operation and .. intenlftCe of the station. Thts
contract covers the expenses for 1911 .
FIIAICIAL
Th Bi -City shar of the cost s S5 ,400 nd Is 501 oft total st ted cos
for 1988 .
IEC TIOI
I
-
I
l
J
f .
•
•
,. •
c:xu«:IL BILL NO. 7
=~fi:!Jj
A BILL FCR
AN CRlllWCE AP~ mE JOINI' FUI>D«i 1tGR!DI!N1' ~mE Cl'n CE ~ BI-CITY ~ 'l'RI!'A'D41!Nl' PLMft' All) 'ftiE U.S. GIIUXOICAL SURVEY
FCR mE <PERATICif All) I'WJn'!JWI:E CE A PCl.JR-PAIWEID Mlm!Jt (JW..l'n IDfi'ltR CE
'l1iE &:lml PIATl'E RIVER AT mE I'2G.IKXD GHllJ«i STATICif.
WHEREAS, naU.tor of the South Platte River at the Dlglewood Gaging
Station is funded half by Englewood and the u.s. Geological survey, through
the Joint Funding ~rea~~e~•t, and half through a c:ocperatiw agzeae•t beblleen
the Urban Orai.nage and Flood COntrol District and the U.S. Geological survey;
and
WHEREAS, the period of the aqre 1 nt is January 1, 1988 t.hrol4l ~
31, 1988 for a total cos of $10,800, $5,400 to be paid by the City of
Dlqlewood and $5,400 paid by the u.s. Geological survey;
tOI, ~. BE IT ~ BY 'ftiE ern c:xu«::L fZ 'DIE CIT't fZ
EIG.DIXD, ~. nfAT:
Section 1. n. aqtl •t ~ the City ot !nliJ~, Colorado
Bi-City WU Trea~t Pl.nt and the U.S. Geologic:.l sw:-v.y, ...Ua.d
Sta ~ ot Interior, fcx ilwtallation, operation, and MinUNnCe ot
a !our-par -cpality .W.tcx an the fn9l.aod South Platte River
qaq 1'19 sta ian il hereby ~· A CtCVf ot is att.Ktwd henltO
and incorpora ed in by reference.
lf
7th
li 11 , l
-1 -
I
-•
• •
I, Patricia H. Crow, City Clerk of the City of Englewood, Coloracb,
hereby certify the above is a true copy of a Bill for an ordinance,
intrcdloed, read in full, and passed oo first reading oo the 7th day of March,
1988.
Patricia H. trCif
I .
-
Fo<m 9 13
(REV 6/86)
•
•
.. •
Department of the Interior
Geologlc81 Survey
Joint Funding Agreement
FOR
\..oU~L \... oiL Ct..
Customer No:
Agre ement No:
4 \IVV
CP08
C088059
Water Resources Investigations
, AGREEMENT IS entered into as of the 1st day of January 1988 by the GEOLOGICAL SURVEY •
. TED STATES DEPARTMENT OF THE INTERIOR. party of the fi rst part , and the CITY OF EN GLEWOOD
COLORAD•..l, lll-ClTY WA STEWAT ER TREATMENT PLANT party of the second part .
1 The part1es hereto agree that subject to the availability of appropriations and in acc:ordanOe with their ~111e auchonties
there shall be mamta1ned 1n cooperation operation and maintenance of a four-parameter water-
quality monltur at gagi ng s tatio n located on the South Platte River at En~~;lewood heretnalter called the Pfogram .
2 The fo llo..,mg amounts shall be contnbuted to cover all of the cost of the necessary field and offiCe work directly related
t o thiS program , but eKcludmg any bureau level general admi nistrative or accounting wort\ i n the office of e1ther party.
(a) S , 00 .00 by the party of the hrst part dunng the periOd
J.Jnu.Jrv l , 19 to D ce111b r 31, 198
(b) S s , oo. 00 by the party of the second part ounng the periOd
Janu,t r v 1, 1988 to D c mb r 31, 19 8
(c) Add·llonal amounts by each party dunng the aba\18 periOd or succeeding periods u may be determined by mutual
agr ment and set forth tn an eKchange of letters betWeen the parti8S
E n s 1ncurred 1n the performance of thos program may be paid by e tther party m conformity wtth the lawl and
r ula 10ns r spect1vely governtng each part , PfOvlded that 10 far u may be mutually agreeable all elq)ltrl ... lhalt be
p d 1n t e hrst mstance by the part of the hrll part appi'OPf1 r .. mburMment therealtef by the party of the eec:ond ~ rt E ch party sh I turmsn to the other party such statements or reports of expenditures u may be needed to UbSfy
-
C 0 U N C I L
DATE
March 7, 1988
•
• •
~} ")~ I "\' l)
o--
c 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Blatchley Contract
Ca.o Reservoir
Filing
Water and Sewer Board
INITIATED BY ------------------------
ACTION PROPOSED _____ c_ou_n_c_i_l_A_P_Pr_o_v_•_l_b_y_.o_t_io_n_o_f_t_h_e_B_l_a_tc_h_l_ey __ A_s_so_c_i_at_e_s
Contract to prepare testi.ony on the Ca.o Reservoir.
Blatchley Associates sublitted 1 contract for engineering services for prepar -
ing testi.ony and exhibits for Water Court for obtaining 1 conditional decree
on the Ca.o Reservoir in Park County.
The proposed Co.o Reservoir will be located In the channel of Park Gulch and
could be used for storage of water fro. Trout Creek, Tarryall Creek and Park
Gulch, all tributary to the South Platte River . Boreas Pass trans.ountain
water could be stored In this reservoir as 11 .
The City of Englewood filed for condlt onal storage rights n C010 Reservo ir
1n Decellber, 1985 . Stat.-nts of Oppos t on re filed to the Applicat io n by
th City of Aurora, Central Colorado Water Conservancy Distr ct and Ground
Water Mlna~nt Subd str ct of the Central Colorado Water Conservancy Dis -
trict, Ct ty of st•tnsttr and The Fa~rs Reservoir and lrrlgat on Co.p an .
Th Englewood Water and r Board d scuss Blat chley 's contrac at th tr
F bru ry 9 , 1988 ting 1nd Council approval .
FJ
T or proJ t s SZ,OOO .
t to pr • c
I
•
•
,. •
RONALD K BlATCHLEY
TED J CAMPBELL JR.
Toa City of Englewood
lUO South Blati
Englewood, CO 10110
Datea Dace•ber 21, 1917
Subjecta Confir•ation of Verbal Contract and/or Conaultint
Enginaarint Contract for ltll
1. Blatchley Aaaociataa, Inc., hereinafter rafarrad to aa the
•Engineer ,• ia plaaaad to aub•it th 1a contract for aar•icea
to a
City of Englewood
hereinafter referred to aa •client,• for tba following pro-
ject•
Co•o ••••r•oir P iling , Water Court Caaa •o. 15CW3tl
rua •o. 171.11
2. The Zntinaer a tree a to parfor • t.h a followint acopa of aar-
Yiceaa
a. Prepare teati•onr and ea ibit a for Water Court ba ar int.
b. Pro•ida anginearint aaa iat a nc a for nagott atl on a wltb
objactor a a n d taati~DJ at th e at t a atar Court
he ar ing.
3. Tba lntineer agraea to co••••u:a wor-oa t a a bo•• project
i ad la laly after t a date of a ut or ilatloa. 11gB ht and
rator11l11t tJth doc•• 11t aball coaatitot a aald a ut orta a t1on.
Jf altll d, tbia co11trac wlll ba affactha t ro 1 o.ca• er
ll, ltll, unlaea taraln a ad aarllar.
4 . T a Cltaat atreaa to pay a Inti er for t a prohulonal
••
7.
aar•lc a aaad upon t a C rraa lcbadula of Cb artea (copy aa-
cloa cU.
• • '
U ''' 1 • f r
. .
I .
City of Englewood
Page 2
Deceaber 21. lt17
I. Terainationa
•
• •
a. Thia agreeaent aay be terainatad witb or witboat caaae by
Client or lnthaar apoa ti•ht tbhty (JO) dara written
notice to the otber party to thia contract.
b. If tbia Agraaaant ia teraiaatad 0 lntinaer will be paid for
aer•icaa dae tbroagb tba taraination data.
c. Client aay re41ueat copiea of all data and wort product
pertainiat to thia project in tbe poaaeaaion of latinear.
All coata of reproduction aball be paid by the Client.
Bngineer will not be held Uable for daaagea reaaltint froa
anr aae of aaid doca .. nta other than the original intended
uae at tbe oritinal location.
t. Tbe eatiaated badtet for 1111 ia 12.000.00
Tbanlt roa for conaiderint aa for roar project. We aincerely
look forward to wor ltht with roa. If tbia contr act .. eta witb
rour appro•al. pleaae aita where noted below and return one copr
to our office to aer•e aa our aatboriaatioa to proceed. If roa
ha•e anr 41ueaUona concernint tb ia docaaeat • we will be pleaaed
to 41acaaa it witb yoa.
leapectfally aubalttad 0
ILATCILir AIIOCIATII 0 t•c.
' •• • UJ
AV!IOIIIATJO• lr CLII 7
•a••
Tl h
Da ••-------------------
Iff I• Datat J a n ary 1. ltll
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM
March 7, 1988
SUBJECT Blatchley Contract
for little Dry Creek
and J.D. Brown Ditches
Water and Sewer Board
INITIATED BY ------------------------
Council approval of the Blatchley Contract
ACTION PROPOSED'-----------------------
to prepare testi.any on the little Dry Creek and J.D. Brown Ditches
T e State Engineer placed the the little Dry Creek and J .D. Brown Ditches on
th 1984 Water Rights Abando~nt list. A hearing was held before the water
judge at which the City was instructed to file for a change of use, which the
Ci ty did . The referee 's hearing was canceled and the case was referred to the
water judge for trial .
Bl atchley Associates researched the historic uses of the ditches and proposed
t a t water rights could be transferred to 1 c~ headvate to be con -
st ted Oft 8ig Dry Cretk adjacet~t to the Allet~ Treat.nt Plant .
In st gallons O..O..stratld that the little Dry Creek and J.D . 8 Ditches
re cons dtred viable aftd ad bMtl used sl11ce the City acquired thes water
r g ts . Because they reconsidered viable , a change of use of these water
rtg t wa filed In t D vts 011 1 Water Court, Case No. SSCWl24 .
T
f
ater and r Board discussed Blatchley 's contract a t tr
tlng and rec ndtd Council approval.
I .
RON"LO It BLATCHLEY
TEO J CAMPBELL . JR.
~01 City of Englewood
3400 South Blati
Englewood, CO 10110
Date1 Deceabe~ 21, lt17
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Subject1 Confi~••tioa of Ve~bal Contract and/o~ Conaaltlng
Engineering Contract for ltll
1. Blatchley Aaaocietea, Inc., be~einafte~ refer~ed to •• the
•angina•~ ,• Ia pleaaed to aubalt tbia cont~act fo~ ••~•icea tO I
City of Englewood
he~einafte~ referred to •• •client, • fo~ the following pro-ject a
Little D~y C~eek and J. D. •~own Ditcbea
Wate~ Court Caae Ro. 15CW32t, Pile Ro. 171.15
2. ~he Engineer agreea to perfo~• t:be following acope of aer-
•1cear
a. Prepare teat1aony and eahib1ta for Water Court hearing.
b. Pro•ide engineering aaaiatance fo~
objector• and teatiaonr at the at
hearing.
negotiation&
the Watar
with
Court
3. ~he Engineer haa coaaenced worll on the abo•• project under
the lt17 contract. 11tn1nt and retgrn1nt tbia doeuaent aball p~o•tde a budget for the Ul7 contract and author1ution to
continue to pro•lde the aubject aar•leea for 1111 or uat11
the aubjeet caae Ia flnallr decreed.
c. ~be Client •treea to par t e Entillaer fo~ the profaaalonal
eer•1cea baaed upon t a Current lcbedule of c art•• (copr ell-cloaed).
T
a
lnt 1n u
un of v or
aar 111
p rtora d • CUant at: lf ued
o t • date of bt111nt.
upo the
I. • Clleft etre • o pay be latl .. ar wltbh 30 ••r• after
recetpt of an ln•olce tor aer•lcea.
7. Tbe C1l at •trt
•• ,. •• It • au
11•1/.2) p rcent
un aid ala ca.
ftt h IIOt pa td wit ia 30
ra e of one and oae-alf
rate ••el• lit) oa be
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City of Bntlewood
•• ,. 2
Deeaabar 21, 1117
I. Terainatiou
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a. Tbia •treaaant aay ba tarainatad wltb or wltbout cauaa by
Client or Bntlneer upon thlq Ulrty (JO) daya wrHtan
notice to tba otbar party to tbla contract.
b. If tbia Atreeaant Ia taralnatad, Bntlnaar wll be paid for
••r•lcaa due tbroa9b tba taralnatlon data.
e. Client aay raczaaat eopiaa of all c1ata aad work product
partalnint to tbta project in tbe poaaaaaloa of Bntlnaar.
All eoata of reprodactioa aball ba paid by tba Client.
l!:ntineer will not be bald liable for daaavea reaaltlnt froa
any uaa of aaid doea .. ata otber tban tbe original Intended uaa at tba oritiaal location.
I. '!'be eatiaated badtet for Deceaber tbrouvb 1111 Sa ft,ooo.oo
ACCZP'f.UCB
Thank you for coneiderint aa for your project. •a eincerely
look forward to wor U.nv witb you, If tb ia contract .. ete witb
your appro•el, plaaea atvn wbere noted below and return ona copr
to our office to eer•a •• oar eaUaorla atioa to proceed. If roa
ha•e anr czuaetiona concarnint tbia c1ocuMnt, we •111 ba pleaaecJ to diacuea it witb roo.
•••pectfullr eubaitted,
ILA'!'C.LIJ AIIOCIA'!'BI, ~·~
ai:t.~ ••
flU
De •
lite ha D •• o• r u, un
rt la •o. lU.l
thtla Drr Cree ••• J ,, D. lr • Di c~••• ••ter Co r eae • • u
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
March 3, 1988 II<-
Eng 1 ewood Urban
Renewal Authority
loan Repa~nt
IN I TlATED BY ___ Eng_l_ewood __ u_n._n_Re_n_ew_a_l_Au_t_h_or_i_tY _________ __
ACTION PROPOSED _______ Ad_o_p_t_i_on __ o_f_a __ co_u_n_c_il __ B_i_ll __ Ap_p_ro __ v_in_g __ th_e __ Ac_c_e_p_ta_n_c_e ___
of a Note fro. the Englewood Urban Renewal Authority for Repa~nt of
Funds Advanced for Redevelo,.ent Projects.
At this ti.e, Council has revi..ed its funding sources and offered to loan the
Urban Renewal Authorit) up to 1711,000 to ca.plete certain Downtown Redevelop -
.ent Projects. At its March 2 .. ting, the Authority passed the attached
resolution (thick docu.ent) setting forth the .. nner by which the loan would
be repaid with tu inc,...nt revenues when those revenues exceed the bond debt
service requi,...nts . This is the only .. thod currently available to the Au-
thority to repay the City.
The second docu.ent attached •Englewood Ut"hn ...._.1 Authority Subord nate
Tax lncr ... nt Revenue Note• is 1 note to repay f~ the Authority to the City
for funds advanced up to 1711, . The Ctty •st take an action to ac cept
this note to repay. If the City accepts the Note, the obligation to repay is
ncurred by the Author ty.
If subsequent nts are loaned to t Authority by t City, an lddtt o al
note (or not s) can t sued by t Authority fort obligation . I will be
1 ai hble nday nd ay night to ans r-any dtons you .. y av on t s
r"an ctto .
l£C Tl :
atta ord nanc a c
al Aut r ty for fund
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BY l\l11K:RITY
O.:UCIL BILL NO. 8 OOOINAOCE NO .
SERIES OF 1988--~~
A BILL FCR
AN OOOINAOCE Aa:El'Til«i ElG.DIXX> URBAN ~ Al.mDUTY Is lCl'E FCR REP~
OF t<NIES IIIJIJAK:n) TO IT FCR lJRBAN RmDP.L ~ PJnJB:TS.
\'liEREAS, the Englewood Urban Renewal Authority ("Authority") is involved
in renewal projects in the City of Englewood; and
\·JHERI?A.S, the City of Englewood has agreed to loan the Authority funds to
~letc these projects; and
\lln:RE1\S, ttv! Authority, by Resoluticn at its March 2, 1988 meeting, has
agreed to repay the debt through a Subordinate Tax Increment Revenue Note;
I 1, Tlo:nEF<JU:, BE IT OODIUNFD DY THE CITY CC:UCIL CF TilE CITY CF
ENGUl I cxx.ati\DO I THAT:
Section 1. '111e Englewood Urban Renewal Authority Sltlordinate Tax
Incre.ren Revenue Note (Englewood Downtown t Project) Series 1988A
in ttl.:! princap.Jl ooom of S.V. lllnc!r'ed ~ Dollan
( ,000) maxinun with interest at the rate of 8.1'1. per ann~n and a maturity if of .r 1, 2005, is hereby approved and accepted. A copy of said t not i i\ liiC:hed her o d 11¥JOrpora ed herein by reference.
1n full, sed on 1r adlng on the 7th day of
• 111 f an c1inance on the day 0 Kirch,
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UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF ARAPAHOE
CITY OF ENGLEWOOD
ENGLEWOOD URBAN RENENAL AUTHORITY
SUBORDINATE TAX INCREMENT REVEJIUE ROTE
(ENGLEWOOD DOWtfl'OWR REDEVELOPMERT PROJECT)
SERIES 1988A
INTEREST RATE: MATURITY DATE: ORIGIIIAL ISSUE DATE:
8.1\ per annum December 1, 2005 March 2, 1988
REGISTERED OWNER: CITY OF EJIGLEI«X>D, COLORADO
~
PRINCIPAL SUM: A IIAXIMUIC OF avD ••• .., •IWh lcaft -t
~ DOLLAU, .... N. u ...caiBBD
.... 1.
JQIQW ALL
Urban Renewal
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maturity may become applicable hereto. The principal of and
premium, if any, on this note are payable in lawful money of
the United States of America at the principal corporate
trust office of the Authority, as initial trustee, or any
successor trustee appointed by the Authority, or its
successor in trust (the •Trustee•). Payment of interest on
this note shall be made to the Registered Owner hereof and
shall be paid by check or draft mailed to the Registered
Owner at the address of such Registered Owner as it appears
on the registration books of the Authority maintained by the
r rus t ee in the manner and subject to the limitations set
forth in the Subordinate Resolution referred to below.
This note is one of an authorized issue of notes
designated •Englewood Urban Renewal Authority, Subordinate
Tax Increment Revenue Notes (Englewood Downtown
Redevelopment Project) Series 1988A,• limited, except as
provided with respect to Additional Subordinate Debt (as
hereinafter defined), in aggregate principal amount to
$788,000 (the •series 1988A Notes•), issued by the the
Authority for the purpose of providing funds to finance
c ertain of the activities of the Authority in connection
with the Englewood Downtown Redevelopment Project (the
·urban Renewal Project•), an urban renewal project located
i n an area (the •urban Renewal Project Area•) within the
bo undaries of the City of Engl wood, Col o rado (the •city•).
The Series 1988A Notes are issued under the authority of the
Colorado Urban Renewal Law, constituting Article 25, Title
31, Colorado Revised Statutes (the •Act•).
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Pursuant to the provisions of an Indenture of Trust,
dated as of December 1, 1985, by and between the Authority
and The Central Bank and Trust Company of Denver, d/b/a
Central Bank of Denver, as trustee (the •senior Trustee•)
(which indenture of trust, as from time to time amended and
supplemented, is hereinafter referred to as the •senior
Indenture•), the Authority has heretofore issued its
•Englewood Urban Renewal Authority, Tax Increaent Revenue
Refunding and Improvement Bonds (Englewood Downtown
Redevelopment Project) Series 198SA• in the original
aggregate principal amount of $23,150,000 (the •series l985A
Bonds•), and ita •Englewood Urban Renewal Authority, Tax
Increment Revenue Refunding Bonds (Englewood Downtown
Redevelopment Project) Series l985B• in the original
aggregate principal amount of $7,045,000 (the •series l985B
Bonds•). As set forth in the Senior Indenture, the
Authority may issue under certain conditions Additional Debt
which will be secured on a parity under the Senior Indenture
with the Series l985A Bonds and the Series l985B Bonds. The
Series 1985A Bonds, the Series l985B Bonds and any
Additional Debt so issued by the Authority are herein
collectively referred to aa the •Bonds.• As set forth in
the Senior Indenture, all Bonds are secured on a basis which
is senior and superior to the security provided to the Rotes
under th Subordinate Resolution.
The Subordinate Trust £stat , which has been pledged to
pay the principal of, preaium, if any, and inter a on the
Notes from time to ti OUtstanding, includ a th Pledged
Subordinate Revenues (as hereinafter defined), all
unexpended proc da of th Motes and any oth r funds or
proper y pl dged by th Authori y aa a curity for ita
obliga ions und r h Subordina R aolu ion .
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This Note is transferable by th Registered Owner
hereof in person or by his or her attorney duly authorized
in writing at the principal corporate trust office of the
Trustee, but only in the manner, subject to the limitations
and upon payment of the charges provided in the Subordinate
Resolution, and upon surrender and cancellation of this
Note. Upon such transfer a new registered Note or Notes of
the same series and the same maturity and of authorized
denomination or denominations for the same aggregate
principal amount will be issued to the transferee in
exchange therefor. The Authority and Trustee may deem and
treat the Registered Owner hereof as the absolute owner
hereof (whether or not this Note shall be overdue) for the
purpose of receiving payment of or on account of principal
hereof and premium, if any, and interest due hereon and for
all other purposes, and neither the Authority nor the
Trustee shall be affected by any notice to the contrary.
The Series 1988A Notes are issuable as fu lly registered
Notes without coupons in denominations of $1,000 and any
integral multiple thereof. Subject to the limitations and
upon paym nt of the fees, taxes and governmental charges
provided in the Subordinate Resolution, the Notes may be
x chang d for a like aggregate principal amoun of Notes of
other authoriz d denominations of the same series and the
same m turity.
Th S ries 1988A ot s are subj ct to r demption in
advanc of ma urity as s t forth below:
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registration books; provided, however, that failure to give
such notice by mailing, or any defect therein, shall not
affect the validity of any proceeding for the redemption of
any Series 1988A Note or portion thereof with respect to
which no such failure has occurred. Any notice mailed as
provided above shall be conclusively presumed to have been
given, whether or not the Registered Owner actually receives
the notice. Notwithstanding any provision of the
Subordinate Resolution to the contrary, no written notice of
redemption shall be required to be given to the City as
Registered Owner of any of the Notes. All Series l988A
Notes so called for redemption shall cease to bear interest
after the specified redemption date provided that funds for
their redemption are on deposit at the place of payment at
that time.
THE SERIES l988A NOTES ARE ISSUED PURSUANT TO AND IR
FULL CQMPLIANCE WITH THE CONSTITUIIOR AND LAWS OF THE StAtE
OF COLORADQ. PABTICUI.ARLY THE ACT. AMP PURSUANT TO THE
SUBORDIMATE RESOLUTION WHICH HAS BEEN DULY AND REGULABLY
AOQPTEP BY THE COMMISSIONERS OF AUIH ORIIY. THE SERIES 1988A
NOTES ARE SPECIAL. LIMITED OBLIGATIONS OF AUIHORity. SECUBED
BY THE SUBQRDINATE TRUST ESTATE. AS PESCRIBED HEREIN. THE
SERIES l988A NOTES PO NOT CONSTITUTE A PEBT OF THE CIIY OF
ENGLEWOOD· COLORADO. THE STATE OF COLORADO OR ANY POLITICAL
SUBPIVISION THEREOF . ANP NEITHER THE City. THE STATE MOB ANY
Of THE PQLITICAL SUBDIVISIONS THEREOF IS LIABLE THEREFQR.
NEITHER THE COMMISSIONERS OF THE AUTHORITY NQR ANX PERSQMS
£XECUIING THIS SERIES 1988A NOTE SHALL BE PERSONALLY LIABLE
FQR THIS SERIES 1988A NQIE.
hav no ri9ht
Resolu ion or
cov nants th r in, or to
of defaul under
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the Subordinate Resolution. Any such consent or waiver by
the Registered Owners of two -thirds (2/3) of the Rotes shall
be conclusive and binding upon such Registered OWner and
upon all future Registered Owners of this Rote and of any
Note issued in replacement hereof whether or not notation of
such consent or waiver is made upon this Rote. The
Subordinate Resolution also contains provisions permitting
the Trustee to waive certain past defaults under the
Subordinate Resolution and their consequences.
This Note shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under
the Subordinate Resolution until the certificate of
authentication hereon shall have been signed on behalf of
the Trustee.
It is hereby certified, recited and declared that all
acta, conditions and things required to ezist, happen and be
performed precedent to and in the ezecution and delivery of
the Subordinate Resolution and the issuance of this Rote do
ezist, have happened and have been performed in due time,
form and manner as required by law.
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IN WITNESS WHEREOF, the Englewood Urban Renewal
Authority has caused this Note to be executed in its name by
the facsimile or manual signature of its Chairman and ita
corporate seal to be hereunto impressed or imprinted hereon
and attested by the facsimile or manual signature of ita
Secretary , all as of the date set forth below.
Att'a': £:vt1{_
By l...._j-
Secretary of the Board
of Co~issionera
(AUTHORITY'S SEAL)
EIIGL!:MOOD URB.\11 RD1EWAL
AUTHORITY .
By~ ~no~f
c ssione
TRUSTEE'S CERTIFICATE OP' AUTHEIITICATIO.
This •ote is one of the •otea of the issue described in
the within-me ntioned Subordinate Resolution of Trust.
Dated: l'tJt&· ~.. I f if
By~!!.&.
Au ~ Officer
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(FORM FOR TRANSFER)
FOR VALUE RECEIVED, , the undersivne4,
hereby sells, assivns and transfers unto (Taz
Identification or Social Security Ro. ) (Please
Print or Type Rame and Address of Transferee) the within
note and all rivhts thereunder, and hereby irrevocably
constitutes and appoints attorney to transfer
the within note on the books kept for revistration thereof,
with full power of substitution in the premises.
Dated:
Sivnature Guaranteed:
NOTICE: sivnature(s) auat
be 9uaranteed by a ~r
f i r• of the •ew York Stock
Exchan9e or a coaaercial
bank or trust coapany.
80TICE: The sivnature to this
assivnaent .ust correspond
with the nane as it appears
upon the face of the within
note in every particular,
without alteration or
enlarv ... nt or any chanve
whatever.
TRAMSntt FEES M'f BE ltEQUIRED
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M E M 0 R A N D U M
TO: Urban Renewal Author ity Member s
FROM: Die Hinson, [xecutive Director ()_£
DATE: February 26, 1988
SUBJE CT: Subordinate Debt Document
T e Au ori y will r call tha in early October when bids for cons truction of
e f1nal down own phase of Little Dry Cree w re sub i tted, it was dete i ed
a addi ional fund1ng would be ecessary to co ple e is construction as
or1g1n ally n lsloned. City Counc1l expressed 1ts willingness o guaran e
• a ailabili y of addi ional undlng for h cons ruction if the Aut orit)
ld pursue poss1 lli of refunding its Tax lncre n Bonds and g nera ·
l ng t e nee ssary ~nding.
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At a study session on February 8, 1988, Council reviewed the Authority's fund -
ing request and expressed a desire to meet the Authority's requirements
through a loan from excess City revenues not necessary for ongoing operations .
Since the Authority has no anticipated short-term revenue source to repay the
loan, repayment will have to be structured in the form of a debt subordinate
to the Tax Increment Bonds repayment utilizing excess tax increment revenues.
In other words, the Authority can repay the City in the same manner that it
would have repaid the Use Tax Bond issue.
The attached loan docu.ent is a pledge on the part of the Authority to repay
moneys loaned to it by the City when at a future point in time tax increment
revenues exceed the level required for funding the debt service requirement of
the Authority's bonds. Greg Johnson, bond counsel fro. Kulak, Rock & Camp-
bell, has prepared a su-.ary sheet highliting iMPortant aspects of the docu -
ment. Additional points the Authority should be aware of:
1) The interest rate of the loan is the estimated average rate of return
received by the City on its invested funds in 1987.
2) The $788,000 was the ~unt of .aney Council agreed to loan the Au -
thority at the February 8, 1988 meeting to meet short-te funding
requirements. Council stated that at a future point in ti , it
would evaluate its funding sources to detenaine how addi tonal funds
would be provided .
3) This docu.ent provides for methods to increase the debt 11• t of th
obligation as additional funds are loa ned to the Authority by th
City or by any other source.
Mr . Johnson will be at the Authority 's eting on March Z, 1988 to ans r
specific qu stlons regarding th is docu nt .
Sta f feels that as t s Subordinate Debt t od o financing as t od
reco nded to fund r pa~nt of t Use lax Bond lssu , 1t Is also t
appropr at source, and 1n ffect the only source ava l able to t
a th curr n tl , to pro Ide for rtpa n of t City's loan .
th s Su rd nate Debt doc nt Is r c nded .
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·--~-~ ·--...... -· ~ ·:..~; rl ~-. ~ ~ ;r .....
CERTIFIED RECORD
OF PROCEEDINGS OF
THE BOARD OF COMMISSIONERS
OF THE
ENGLEWOOD URBAN RENEWAL AUTHORITY
RELATING TO A RESOLUTION AUTHORIZING
A BORROWING FROM THE CITY OF ENGLEWOOD, COLORADO
IN A MAXIMUM PRINCIPAL AMOUNT OF
$788,000 TO BE EVIDENCED BY ONE OR MORE
SUBORDINATE TAX INCREMENT REVENUE NOTES
(ENGLEWOOD OWN REDEVELOPMENT PROJECT)
SERIES 1988A
ch 2, 19
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STATE OF COLORADO
COUNTY OF ARAPAHOE ss .
CITY OF ENGLEWOOD
The Board of Commissioners of the Enqlewood Urban
Renewal Authority , met i n reqular session in the Enqlewood
Ci ty Counci l Chamber s, 3 4 00 So u th El ati , Enqlewood, Colorado ,
on Wednesday , the 2nd day of March 1988 , at the hour of
6 :00 p .m.
The fo llow i nq membe r s of the Board of Commissioners were
present :
The f ollow ng members of the Bo a rd of Commis s ione rs we re
abs ent:
Th e follow1nq persons , among others, were a lso p r e s ent :
Afte r the Cha1raan of oard of C 1ss1onera called
tbe e eting to order , tb• !o1lo ing proce d1nga , onq
oth•ra, we r had and ta)ten :
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SUBORDINATE NOTE RESOLUTION
$788,000
ENGLEWOOD URBAN RENEWAL AUTHORITY
SUBORDINATE TAX INCREMENT REVENUE NOTE
(ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT)
SERIES 1988A
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SUBORDINATE NOTE RESOLUTION
TABLE OF CONTENTS
(This Table of Contents is not a part of the
Subordinate Note Resolution and is only for convenience of reference. )
PARTIES ............................................... 1
RECITALS ............................................ 1
Section 1.01.
Section 1 .02.
Section 1.03 .
Sect1on 1.04.
Sect on 1 .05.
Section 1 .06.
S ct1on 2. 01.
S ction 2 .02 .
c 1on 2.03.
U97J
ARTICLE I
DEFINITIONS AND GENERAL PROVISIONS
Oefini t1ons . . . . . . . . . . . . . . . . . . . . . . . . 3
Rati ficat1on . . . . . . . . . . . . . . . . . . . . . . . 8
Approva l of Sale ..........•........ 9
Other Act1on ........................
Severab li.ty .........................
Repealer ...........................
ARTICLE II
THE NOTES
Author1z d Amount of Notes ........ .
Issuance o s r1es 1988A Notes
ds
9
9
9
9
10
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Section 2 .04. Authentication •••• 0 0 •••••••••• 0 ••••
Section 2.05. Form of Series 1988A Notes ........ .
Section 2 .06. Delivery of Series l988A Notes
Section 2.07 . Mutilated , Lost, Stolen or
Destroyed Notes ................... .
Section 2 .08. Reqistration and Exchanqe of Notes;
Persons Treated as Owners ......... .
Section 2.09. Destruction of Notes .............. .
Section 2 .10. Additional Subordinate Debt ...•....
Section 2. 11. Temporary Notes .................. .
ARTICLE III
REDEMPTION OF SERIES 1 988A NOTES BEFORE MATURITY
Section 3 . 01 .
Section 3 .02 .
Section 3 .03 .
Section 3 .04 .
Sect i on 3 .05 .
S ct1on 4 .01 .
CtlOn .02 .
c 1on • 03 .
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c 1on .OS .
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Redempti on Dates and Prices ...... .
Notice of Redemption
Redempt i on Payments .............. .
Cancellati on ..................... .
Part1 a l Rede pt1on o! Fully
Re9i stered No te s ................. .
ARTI CLE I V
REVENUE S AND FUNDS
Source o! Paym nt of o es ....•...
Cre a 10n of Fun s •• ill' .............. .
Cua ody o Fu a •••••••••••••.••••
v1c nd .•..• . ......... ..
on ys o ld 1n T •
11
12
12
12
12
13
14
15
15
16
16
16
1 7
17
17
17
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Section 4.07 .
Section 4 .08 .
Section 4.09 .
Section 4 .10.
Section 4. 11 .
Section 5. 01.
Sect1on 5 .02 .
Sect1on 5 .03 .
Section 5 .04 .
SectJ.on 5 .05 .
Section 5 .06 .
Section 5 . 07 .
Sect on 5 .08 .
Section 5 .09 .
s ct1on 5.10 .
c ton 5 .11 .
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12 7
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Excesses in Subordinate
Trust Funds ...................... .
Rebate Fund
Rebate Deposits .................. .
Rebate Disbursements ............. .
Limitations Upon Certain
Covenant3 ......................... .
ARTICLE V
GENERAL COVENANTS
Payment of Princ1pal, Premiua,
if any , and Interest ............. .
Performance of Covenants ;
Authority ........................ .
Instruments of Further Assurance ..
Recordinq and F l1n9 .............•
Inspection of Recorda ............ .
List of Noteholdera .............. .
Complete Urban Renewal Proj ect ;
"-endment to Urban Renewal Plan ..
Use of Proceeds .............•.....
Certa n Depos ta in the Subordina e
Deb Servic FUnd And Other Funds
Books and Accounts; F1nanc1a1
ta m nts .........••.••... , ....•.
en nce of xis
19
19
19
20
20
20
21
21
22
22
22
22
23
23
4
2
I •
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ARTICLE VI
INVESTMENT OF MONEYS .............................. 26
ARTICLE VII
DISCHARGE OF LIEN ................................. 27
ARTICLE VI II
DEFAULT PROVISIONS AND REMEDIES OF TRUSTEE
AND NOTEHOLDERS
Section 8.01.
Section 8.02.
Section 8.03.
Section 8.04.
Section 8.05.
Section 8.06.
Section 8.07.
Section 1.08.
Section 8.09.
Section 1.10 .
Section 1.11.
Section 1.12.
s on 9 .Ol.
on 9.02.
1 '
Defaults; Events of Default .•.•.•• 30
Acceleration ..•.•••.•....•.•••...• 30
Other Remedies; Rights of
Noteholders . . . . . . • . . • • . . • • . . • • . • . • 31
Right of Roteholders to Direct
Proceedin9s . • • . . . . • • • • . • • . • . . . . . • . 31
Appointnent of Receivers .•.••.••.. 32
Naiver • • . • • . . • . . . . • • • • . • • • • . • • • . • . 32
Application of ~neys .•.•........• 32
Remedies Vested in Trustee........ 34
Rights and Remedies of •ate-
holders . . • • • . • . . • • • • • . . • . . • • • • • • • • 34
Teraination of Proceedings ••••...• 35
Waivers of vents of Default ..•.•• 35
o ice of Defaults Un4er Section
I.Ol(c); Opportunity o Authority
to Cur such Def ul • •..•.•••••.•• 6
ARTlCL IX
TRU
Aec p an 0 Trus • ............... 3
s ot ..................... 40
-v-
I
Section 9.03.
Section 9.04.
Section 9. OS.
Section 9. 06.
Section 9. 07.
Section 9.08.
Section 9. 09.
Section 9. 10.
•
• .. •
Notice to Noteholders if Default
Occurs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Intervention by Trustee ......•.•..
Successor Trustee •......•...•.•.••
Resignation by Trustee ..•...••..••
Removal of Trustee •.....•.......••
Appointment of Successor Trustee
by Noteholders ..•..••.•••..••.••.•
Acceptance by Any Successor Trustee
Appointment of Co-Trustee
ARTICLE X
SUPPLEMENTAL IRDEWTURES
40
40
41
41
41
42
42
Section 10.01. Supplemental Indentures •ot Re-
quirin; Consent of oteholders •••• 43
Section 10.02. Supplenental Ind ntures aequirin;
Conaen of ot bold rs ......••.••• 44
Section 11. 01.
s ction 11.02.
s c ion 11.03.
s ction 11.04.
on u.os.
on 11.0 •
c ion 1.1.07.
on u.oe.
on 11.0 •
1 7J
Cons n
AJtTICU XI
olcS
ith •
ra ••.•...•..•
1 ' ••.•••••••••••••..•.••
................... " .... " ...
on Ia rdara, u •r ........................
.......................
o L
I Oft •• • •••• • •••
..........................
45
46
46
46
47
47
47
47
4 I
•
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Section 11.10 . Certificates and Opinions .. . . ... .. 48
Section 11.11. Exhibits . . .. . .. .. ...... .. ... ...... 49
EXHIBIT A Form of Series 1988A Note A-1
EXHIBIT B Description of Additional Improvements B-1
I • •
U91J
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RESOLUTION NO .
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
ENGLEWOOD URBAN RENEWAL AUTHORITY AUTHORIZING ,
APPROVING AND DIRECTING A BORROWING FROM THE CITY
OF ENGLEWOOD, COLORADO IN A MAXIMUM PRINCIPAL
AMOUNT OF $788 ,000 TO BE EVIDENCED BY ONE OR MORE
INSTRUMENTS DESIGNATED AS "ENGLEWOOD URBAN RENEWAL
AUTHORITY , SUBORDINATE TAX INCREMENT REVENUE NOTES
(ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT) SERIES
l988A," TO FINANCE CERTAIN PUBLIC IMPROVEMENTS AND
UNDERTAKINGS IN CONNECTION WITH THE "ENGLEWOOD
DOWNTOWN REDEVELOPMENT PROJECT ," AN URBAN RENEWAL
PROJECT BEING UNDERTAKEN BY THE AUTHORITY PURSUANT
TO THE "ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN ."
WHEREAS, the Englewood Urban Renewal Authority (the
"Authority") is a publ1c body corporate and politic duly
created and established by the City of Englewood, Colorado
(the "City") under and pursuan to the Colorado Constitution
and the laws of the State of Colorado (the "State"); and
WHEREAS, the Authority lS authorized to transact
business and exercise its powers as an urban renewal
Author1ty , all under and pursuant to the Colorado Urban
Renewal Law , constituting Sect1ons 31-25-101 et seq .,
Colorado Rev1sed Statutes (the "Act"); and
WHEREAS , the Board of Comm1ss1oners of the Author1ty and
the C1ty Council of the City have heretofore authorized and
approved the "Englewood Downtown Redevelopment Plan ," aa an
urban ren wa l plan under the Act (the "Urban Ren wa l Plan");
and
WHEREAS, the Urban Renew l Plan prov1d a for the
undertaking of he "Eng ewood Downtown Red velop ent Project"
aa an urb n renewal pro)ec withln he ~ean1ng of the Act
( h "Urb n R n w l ProJect") purauan o and n accordance
w th • Ac and U b R n wal Plan; and
I .
•
• •
WHEREAS, all applicable requirements of the Act and
other provisions of law for and precedent to the adoption and
approval by the City of the Urban Renewal Plan have been duly
complied with; and
WHEREAS, the Authority has heretofore issued certain of
its obligations for the purpose of undertaking the Urban
Renewal Project, including its (a) "Englewood Urban Renewal
Authority, Tax Increment Revenue Refunding and Improvement
Bonds (Englewood Downtown Redevelopment Project) Series
1985A," originally issued in the aggregate principal amount
of $23,135,000, and its (b) "Englewood Urban Renewal
Authority, Tax Increment Revenue Refunding Bonds (Englewood
Downtown Redevelopment Project) Series 1985B," originally
issued in the aggregate principal amount of $7,045,000
(collectiv~ly, the "Senior Bonds"); and
WHEREAS , the Senior Bonds were issued by the Authority
pursuant to the prov1sions of that certain Indenture of
Trust, dated as of December 1, 1985 (the "Senior Indenture"),
between the Authority and Central Bank of Denver, A Banking
Corporation, as trustee (the "senior Tru s tee"); and
WHEREAS, the Senior Indenture provides that, under
certain terma and condit ona aet forth therein, the Authority
may issue from time to time obllgationa which are subordinate
to the claim of the Sen1or Bonds under the Senior Indenture ;
and
WHEREAS, the Author1ty haa heretofore determined that it
lS in the beat interest of the Authorlty and the citizens and
taxpayers of the c ty that the Author1ty to finance certain
undertakings and activl 1es of the Authority in connect1on
w th the Urban Renewal Pro)ec (the "Additional
Improvements") through th 1ssuance of certa1n obl1gstions of
h Authority wh ch are subord1nate 1n the r s cur1ty and
cla1 for paym nt to the Senior Bonda ; and
and
ton
-•
• •
WHEREAS, the Series 1988A Notes shall be sold and
delivered by the Authority to the City of Englewood, Colorado
(the "City"), in order to provide funds to finance the
Additional Improvements, to fund certain funds and accounts
in connection therewith and to pay certain incidental costs
incurred in connection with the issuance of the Series 1988A
Notes; and
WHEREAS, the Board of Commissioners of the Authority is
desirous of authorizing , approving and directing the
issuance, sale and delivery of the Series 1988A Notes, and of
authorizing, approving and directing the execution and
delivery of certain documents, agreements and instruments in
connection therewith, all as more fully set forth herein.
NOW, THEREFORE , THE BOARD OF COMMISSIONERS OF THE
ENGLEWOOD URBAN RENEWAL AUTHORITY DOES HEREBY RESOLVE AS
FOLLOWS:
ARTICLE I
DEFINITIONS AND GENERAL PROVISIONS
Sect~on 1.01. D f nitions. As used in this Subordinate
Resolution, the following terms shall have the following
mean ngs:
"Act" means the Colorado Urban Renewal Law, constituting
Sections 31-25-101 et seq., Colorado Revised Statutes, as
from tim to t~me ended and supplemented.
"Add t1onal Subord1na e Debt" means any note , bond,
in er certifica e or rece1pt, emporary bond, certific ate
o! ~ndebtedness , deb nture or other obl1qat on 1sau d by the
Authority purauan o Sect1on 2.10 of thia Subordinate
R solution aubs qu n h d t of th1a Subord nate
R solution and having upon h Subord1na Trust
Ea t on a p ri y 1 r1 s 9 8A otea .
0
7J
and
o his
I .
•
• •
"Authority Repre senta tive" me ans the Person at the time
d esignated t o ac t on beh a lf o f the Author i ty by wr i tten
c ert i f ic ate f urn i shed to the City and the Trustee containing
t h e spe ci men s i gnature of s u c h Person and signed on behalf of
the Author i ty by its duly authorized agent. Such certificate
may designate an alternate or alternates.
"Bond Counsel" means an attorney or firm of attorneys of
nat i onal l y re c ognized s tandi ng on the sub j ect of municipal
b o nds and a cc eptable to the Au tho r1 ty and the Trustee.
"Business Day" mean s any day o ther than a Saturday ,
Su nday o r legal hol i day or day on which banking institutions
i n t he c i ty in which the Trus tee h as its principal corporate
trust of f ice a r e autho r i zed o r require d by law or executive
order to close .
"City" mea n s the Ci ty of Englewood, Co l o rado , and i t a
successors and assigns .
"Code" means the Internal Revenue Co d e of 1986 , a s
amended and the requlat1ona , final , proposed a nd tempora ry ,
promulgate~ the reunder ; any referenc es herein t o s p ecific
aect1 o n a thereof shall be de med t o 1nclude a ny successor
sect1ons of a subsequent federal 1nc ome tax s t atute or cod e.
"Default" and "Event o f Default" mean any occu rrenc e o r
event spec ified and def1ned 1n Sect1on 8 .01 hereof.
"Fiscal Year" means the f1acal year of the Authority ,
wh1ch current l y beg1n a o n J anuary l of each ye a r a nd enda on
De c ember 31 of au c h y a r.
"C o vernmen al Obl iq atl o n a" na any of the following
wh ich ar n o n c a ll ab l e nd which at the tl• of 1nveataent a re
leg a l inve a ent a und e he l aw a o ! the State for the moneys
p ropos d to b d h r e in:
ra obl1ga ona o!, or obllga 1ona
pal of nd 1ntere• on ch a r e
n~ d by, h Un1 e d
1 97J
I .
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• ..
America (created by an Act of Congress) substantially
similar to the foregoing in its legal relationship to
the United States of America; provided, however, that at
the time of purchase, such obligations are rated in the
highest rating category of Standard & Poor's Corporation
and Moody's; and provided further, however, that prior
to the making of any investment of Subordinate Trust
Funds, the Trustee may first request an opinion of
counsel substantially to the effect that any investment
described in this paragraph (b) is a lawful investment
under the laws of the State for funds of the Authority;
and
(c) Repurchase agreements for obligations
described in clause (a) of this definition; provided,
however , that the Persons w1th which such agreements are
made grant and assign to the Trustee, pursuant to then
current depository regulations , a security intereat in
obl1gationa descr1bed 1n clause (a) above having a
market value , e s tablished to the satisfaction of the
Trustee , at least equal to the moneys invested in such
repurcha s e agreements and which v lue lS confirmed to
the s ati sfa c t1on of th T rus tee not leas often than
mo nthly .
"Independent Coun s el" m ns an attorney duly admitted to
prac t1 c e law before the highest court of any state and who ia
not a full-time emplo yee , owne r o r dir c tor of the Authority,
th City or the Trustee .
on or
Note a,
I •
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• •
"Note Payment Date" means each principal or interest
payment date for the Series 19BBA Notes as set forth in
Section 2.02 of this Subordinate Resolution .
"Note Registrar" means the Trustee and such other
financial institutions as are appointed as Note Registrar
pursuant to Section 5.15 hereof.
"Note Year" means the twelve (12) month period which
begins on each anniversary of the issuance, sale and delivery
of any ser i es of Notes .
"Noteholder" or "owner of the Notes" means the
Registered Owner of any Note .
"Notes" means the Series 198BA Notes and any Additional
Subordinate Debt.
"outstanding" or "Notes Outstanding" means all Notes
which have been authent1cated and delivered by t .he Trustee
under this Subordinate Resolutlon, except:
(a) Notes canceled after purchase 1n the open
market or because of payment a or redempt on prior to
maturlty;
(b) Notes paid or deemed to be paid in accordance
w th the provis1on of Art1cle II of this Subordtnate
Resolut1on; and
(c) Notes 1n l1eu of wh c h others have been
authent1cated under Seet1on 2 .07 or Sect1on 2.08 h r of .
"Payin9 A9ent" means the Trus ee and such o r
!inane al inst tutions as are appo1n d add tionsl Pay1n9
A9 nts pursuant to Sect1on 5.15 hereof .
"P rm1 t d Inves nts" ana :
(a) Cove 0 9• t o ns ; o r
I
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created under the Senior Indenture and (b) all income from
the investment and reinvestment of the Subordinate Trust
Funds .
"Rebate Fund" means the fund by that name created in
Section 4.02 hereof .
"Record Date" means the fifteenth (15th) day of the
calendar month prior to any Note Payment Date.
"Registered Owner" means the Person or Persons in whose
name or names a Note shall be registered on the books of the
Authority kept for that purpose in accordance with the
provisions of thla Subordinate Resolution .
"Senior Bonds" means, collectively (a) the "Englewood
Urban Renewal Authority, Tax Increment Revenue Refunding and
Improvement Bonds (Englewood Downtown Redevelopment Project)
Series 198SA," originally issued i n the aggregate pr i ncipal
amount of $23,150 ,000 , (b) "Englewood Urban Renewal
Authority, Tax Increment Revenue Refunding Bonds (Englewood
Downtown Redevelopment Project) Ser1es 19858," originally
1saued in the aggrega e principal amount of $7,045,000, and
(c) any Additional Debt aaued under the Senior Indenture .
"Sen1or Indenture" means, that certain Indenture of
Trust, dated aa of December 1. 1985, between the Authority
and C ntral Bank of Denver, A Bank1ng Corporatlon, as
trustee, and any endm nta or supplement• thereto in
accordance therew1th .
"Se
pr1nc1pa
su ord1n
R d ve op
pursuan
7J
.,.
•
•
.. •
or discontinued, such other nationally recognized bond rating
agency as may be selected by the Authority by notice to the
Trustee .
"State" means the State of Colorado.
"Subordinate Debt Service Fund" means the Subordinate
Trust Fund by that name established pursuant to Section 4.02
hereof.
"Subordinate Debt Service Requirement" means the
aggregate amount of the principal of, premium, if any, and
interest coming due on all of the Outstanding Notes during
any Fiscal Year, whether by maturity, mandatory redemption,
acceleration or otherwise.
"Subordinate Resolution" means this Subordinate
Resolution and any amendments hereto or supplements hereof
en ered into in accordance herewlth .
"Subordlnate Trus Es a e" means (a) all Pledged
Subord1nate Revenues, (b) all unexpended proceeds of the
Notea and (c) any o her funds or property pledged by the
Authorlty as s cur1ty for i obl1gat1ons under th s
Subord1nate Reaolut i on .
"Subord1nate Trust Funds" means all funds and account•
referred to here n , ex c luding the Reba e Fund .
"Tax-Exemp No e " an a any Note 1asued by the Authority
1n he xp c tati on tha al l or any port1on of the intereat
paid o r payable he r o n s ha l l be exc ludable from the groaa
i n co o ! any Re g ia red Own r thereof a a set forth in an
o p i ni o n o auc h e f ee 1 aaued by Bo nd Counael
n
I •
•
• •
Project shall be, and the same hereby a r e , ratified, approved
a nd confi rm ed .
Secti on 1 .03 . Aporoval of Sale . The sale of the Series
1988A Notes to the City is authorized, approved and is
ratified and confirmed as the official act of the Authority .
Section 1 .04. Other Action . The officers of the
Authority shall take all a ction which they deem necessary or
reasonably required in conformity with the Act to cause the
Series 1988A Note s to be issued for the purposes set forth
herein, 1ncluding but not l1mited to the payment of all
issuance expense s, wh 1ch are hereby authorized to be paid,
and the Author ity Representat1ve 1s author i zed and directed
to execute all requ1 sit1ons to pay issuance expenses, and for
carrying out, g1ving effect to and consummating the
transact ions contemplated by th1s Subordinate Resolution
including, without limitat1on , the execution and delivery of
any necessary or appropr1ate clos1ng do cuments to be
del1vered in connect1on Wl h the 1ssuance, sale and del i very
of the Ser1es 1988A Notes.
Section 1.05. Severabll ty . If any sect1on, paraqraph ,
clause or prov1s1on of th1s Subord1 nate Resolution shall for
any reason be held to be 1nval1d or unenforceable, the
1nvalid1 y or unenforceab1l1 y of such section, paraqraph,
clause or prov1 s1on sh 11 not affect any of the remaininq
prov1s1on of th1s S bord1na e Resolut1on.
Section 1.0 . Al bylaws, orders and
resolut1ona, or pa s hereof, 1ncons1a ent herewith or w tb
the documen s her by app oved are hereby repealed to the
ex en only of such 1ncons1s ency Th1s repealer ahall not
be construed a v1v1nq any bylaw, ord r, resolution or
ord1nance , or par her o
ART CL 11
TH TES
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Section 2.02. Issuance of Series 1988A Notes. The
Series 1988A Notes shall be designated Englewood Urban
Renewal Authority , Subordinate Tax Increment Revenue Notes
(Englewood Downtown Redevelopment Project), Series 1988A."
The Series 1988A Notes shall be issuable only as fully
registered Notes without coupons in the denomination of
$1 ,000 or any integral multiple thereof . The Series 1988A
Notes shall be lettered "R" and shall be numbered
consecut1vely from 1 upward.
The Series 1988A Notes shall be dated as of March 2,
1988.
The Series 1988A Notes shall bear interest on the
outstanding principal amount thereof, payable, to the extent
of amounts on deposit in the Subord1nate Debt Service Fund,
semiannually on June 1 and December l of each year until such
Series l988A Notes are paid , commencing December 1, 1988.
The Series 1988A Notes shall represent a revolving or
renewable obligat1on of the Authority. In th1s regard, the
pr1ncipal amount of the Ser1es 1988A Notes shall be subJect
to 1ncrease or decrease from time to time as amounts are
drawn by the Author1ty and are advanced by the Registered
OWner of the Ser1ea 1988A No es and are per1od1cally repa1d
by the Authority o the Regia ered Owner of the Series 1988A
Notes. Interest shall accrue upon the Serle 1988A Notes
only upon the pr nc1pal amoun due nd owing by the Authority
under the Ser1ea 1988A No ea baaed upon draws actually made
by the Authority under he Ser1ea 1988A No ea.
If the Pled d Subord1nate Revenues and o her amounts
der1v d rom the Su ord nate Trust E ta • shall not be
au f1c1ent to pay on the Ser1ea 1988A Notes when
due , such inter•• b com ounded and he Ser1ea
1988A Notes ah 11 the rate set
or h a ov unt 1 shall b paid
1n ull .
• o-
th rate
atur as
1 . 2005 .
I .
•
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transfer to such Registered Owner; but any such interest not
so t1mely paid or duly provided for shall cease to be payable
to the Pers on who 1s the Registered Owner of the applicable
Note o n the Record Date and shall be payable to the Person
who is the Reg istered Ow ner thereof at the close of business
on a Special Record Date for the payment of any such
defaulted interest. Such Special Record Date shall be fixed
by the Trustee whenever moneys become available for payment
of the de faulted interest, and not1ce of the Special Record
Date shall be given to the Registered Owners of the Notes not
less than ten (10) days pr1or thereto by f1rst-class mail to
each such Registered Owner as shown on the Registration Books
on a date selected by the Trustee, stating the date of the
Special Record Date and the Special Interest Payment Date.
Section 2.03 . Execution; Limited Obli gat ion; Use of
Proceeds of Ser1es 1988A No es; D1sposition of the Proceeds
of the Ser1es 1988A Notes. The Ser1es 1988A Notes shall be
execu ed on beh lf of the Author1ty w1th the manual or
f cs1mile s1gnature of 1 s Cha1rman or Vice Chairman and
shall hav 1mpressed or 1npr1nted hereon the off1c1al seal
of th Author1ty and be a tes ed wi h the manual or facsim1le
s1gnature of he Secre ary of the Authority. All authorized
facs1 1le s1gnature1 shall have h same force and effect as
1f manually s1gn d .
0
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I •
•
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unle s and unt1l a cer t1ficate of authentication on such
Se•1e s 1988A Note subs tant iall y in the form set forth in
Exh1b1t A to this Subordinate Resolu t1on shall have been duly
exe cu ted by the Trustee, and such exe cu ted certificate of the
T rust ee upon any such Series 1988A Note shall be conclusive
ev1de nce that such Series 1988A Note has been authenticated
and delivered under this Subordinate Resolution. The
cert1f1c ate of authentication of the Trustee on any Series
1988A Note shall be deemed to have been executed by the
Trustee 1f manually s1gned by an authorized officer of the
Trustee, but it shall not be necessary that the same officer
execu e the cert1ficate o f a uthent1c at1on on all of the
Se r1es 1988A Notes .
Sect1on 2.05. Form of Series 1988A Notes. The Ser1ea
1988A Notes and the ce rt1f1cate of authentication of the
Trus ~e to be endorsed on the Ser1es 1 988A Notes shall be in
substant1ally the forms set forth 1n Exhibit A to this
Subord1nate Resolut1on, w1th approprlate variations,
om1ss1ons and 1nsert1ons as perm1tted or required by this
Subord1nate Resolut1on .
Sect1on 2 .06 . Del1very of S riea 1988A Notes. Upon the
execut1on and del1v ry of thls Subord1na te Resolution, the
Author1ty shall x ~· te and deliver he Ser1 e s 1988A Note• to
the C1ty as th 1n1t1al R glstered Owner of the Ser1ea 1988A
Notea .
I .
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Trustee, which is constituted and appointed the Note
Registrar of the Author1ty pursuant to Section 5 .15 of this
Subordinate Resolution. Upon surrender f or transfer of any
Note at the principal corporate trust office of the Trustee,
duly endorsed for transfer or acc o mpanied by an assignment
duly executed by the Registe r ed Owner or the attorney for
such Registered Owner duly author ized in writing, the
Authority shall e~ec ute and the Trustee shall authenticate
and de liver i n the name of the transferee or transferees a
new Note or Notes for a like aggregate principal amount and
of like matur1ty , ser1es and lnterest rate.
Notes may be exchanged at the principal corporate trust
office of the Trustee for a like aggregate principal amount
of No tes of the same date, maturity, series and interest
rate , or for a like aggregate principal am ount of Notes of
othe r author1zed denominat1 ons of the same date, maturity,
series and 1nterest rate . The Authority shall execute and
the Trustee sh ll authent1cate and deliver Notes which the
Noteholder mak1ng the exchange is entitled to receive,
bear1ng numbers no then Outstandlng. The execution by the
Authority of any Note of any denom1nat1on shall const1tute
full and due au hor1zation of such denominat1on. and the
Trustee shall thereby be author1zed to authent1 ca te and
deliver such No
The Trus e shall no be requ1red to transfer or
exchange any Note dur1n9 he p r1od comm nc1ng on the Record
Date and end1nq on he 1mm d1a ely !ollow1ng Note Payment
Date nor to transfer or exchange any No e after the mail1nq
of not1 ce calling 1uch o e or pottlon thereof for redempt1on
has been 91v n as p ov1 d here1n, nor dur1nq he period of
fifteen (15) d ya nex preced1nq h q1v1ng o such not1ce of
redemptlon .
he
tax ,
requae
7J
Trust • shall r qu1re he payment by
nq xch nqe or tr na er only of any
xch nqe or o h r overnm nta charq
h reap c o such exchange or rana!er.
• 3-
upon
d
auch
1on
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Section 2 .10 . Additional Subordinate Debt. So long as
no Default or Event of Defaul t has occurred and is at the
time cont~nuing under this Subordinate Resolution, Additional
Subordinate Deb t may be issued, authent i cated and delivered
for the purpose of providing the Authority with funds for any
lawful purpose of the Authority . The Additional Subordinate
Debt of each such series only upon there being filed with the
City and the Authority :
"" •
(a) origlnal, executed counterparts of a
resolution supplemental to th1 s Subordinate Resolution
in order to cause the 1ssuance o f the Additional
Subordinate Debt; the date or dates of the Additional
Subord1nate Debt, the rate or rates of interest on the
Add1t1onal Subord1nate Debt and the redemption
prov1s1ons, if any, w1th respect thereto, all shall be
as prov1ded 1n the suppleme ntal resolution, rather than
as provided 1n th1s Subordinate Resolution, and may
dlffer from the prov slons with respect to the Series
1988A No es s forth 1n th1s Subordinate Resolut i on ;
(b) a wr1tten op1n1on of Bond Counsel to the
eff ct that the 1s uance of th Addit1onal Subordinate
Debt and the xecut1on thereof have been duly
autho 1z d all condit1ons precedent to the del1very
th reo! hav been fulfllled, and that the exclusion from
qross 1ncom for purposes of federal 1ncome tax of the
lOt re t on any T x-Exempt Not theretofo re 1asued by
the Au hority will not be adversely affected by the
issuance of the A d1t1onal Subordlnate De bt be1n9 1ssued ;
(c) a cert1!1cate o! th Authority Representat ve
o th ef! ct hs he proce d of h proposed
Additlonal Subord nate Debt w1l b used for a
p r ss1bl un ertak nq under he Urban Rene wa l Pl an and
th Ac :
sh 1
Counca
dd
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ny S r1 s 1988A ote
1on of th C1 y
1aauanc of th
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be held by the Trustee in a segregated fund or account held
by the Trustee until such proceeds are expended for their
intended purpose .
Each series of Additional Subordinate Debt shall provide
that principal of and interest thereon shall be payable on
the same dates as the Note Payment Dates for the Series 1988A
Notes . Each series of Additional Subordinate Debt issued
pursuant to this Sect1on 2 .10 shall be equally and ratably
secured under this Subordinate Resolut1on with the Series
1988A Notes and all other series of Additional Subordinate
Debt, if any, theretofore issued pursuant to this Section
2 .10, without preference, priority or distinction of any
Notes over any other thereof.
No Subordinate Debt may be issued if and for so lonq as
any Event of Default shall have occurred and be continuinq
under this Subordinate Resolution . Subordinate Debt shall
have no cla1m for payment upon the Subordi nate Trust Estate
except for such amounts, if any , as may be deposited in the
Subord1nate Debt Serv1ce Fund and wh 1ch are entitled to be
disbursed therefrom 1n accordance w1th he requirement• of
Sect1on 4 .04 of this Subordinate Reaolutlon .
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shall be redeemed by lot in such manner as the Trustee shall
determine), on any Note Payment Date at the redemption prices
(expressed as a percentage of princ1pal amount) of one
hundred percent (100~) plus accrued interest to the date of
redemption from and to the extent that amounts on deposit in
the Subordinate Debt Service Fund thirty (30) days prior to
any Note Payment Date shall exceed the Subordinate Debt
Service Requirement payable on such Note Payment Date.
Section 3.02. Not1ce of Redemption . Notice of the call
for any redemption , 1dentifying the Series 1988A Notes or
port1ons thereof to be redeemed, shall be given by the
Trustee by registered or certified ma1l at least thirty (30)
days prior to the date fixed for redempt1on to the Registered
Owner of each Note to be redeemed, 1n whole or in part, at
the address shown on the reg1stration books; provided,
however, that fa1lure to g1ve such not1ce by mailing , or any
defect therein, shall not affect the val1dity of the
proceed1nga for he redemptlon of any Series 1988A Note or
port1on thereof Wl h respect to wh1ch no such failure has
occurred . Any not1ce ma1led as prov1ded 1n this Section
shall be conclua1ve y presumed to have been duly given ,
whe her or no th R g1s ered Owner actually rece1ves the
notice. No Wlth nd1nq any prov1s1ons of th1s Subordinate
Resolut1on to h con rary, no wr1tten not1ce of redempt1on
shall be requ1red to be 1ven to th City as Registered Owner
of any of the Note
and
auch
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Section 3 .05 . Partial Redemption of Fully Registered
Notes. Upon surrender of any Note for redemption in part
only, the Authority shall execute and the Trustee shall
authenticate and deliver to the Registered Owner thereof a
new Note or Notes of the same date, maturity, series and
interest rate, of authorized denominations, in an aggregate
principal amount equal to the unredeemed portion of the Note
surrendered.
ARTICLE IV
REVENUES AND FUNDS
Sect1on 4 .01 . Source of Payment of Notes. The Notes
are and shall be spec1al obl1gations of the Authority equally
secured by an irrevocable pledge of, and payable as to
principal of, prem1um, if any , and 1nterest from, the
Subordinate Trust Estate , except to the extent otherw1se
prov1ded herein, without pr1or1ty for number , date of sale,
da e of execution or date of del1very, except as provided ·
here1n. Pr1ncipal of, prem1um , if any , and 1 nterest on the
Notes shall not constitute an 1ndebtedness of the City or the
Sta e or any county, mun1c1pal1ty or publi c body thereof, and
ne1ther the City , the State nor any politi cal subdivis1on
thereof shall be l1able thereon , nor 1n any event shall the
pr1nc1pal of, premium, 1f any , or 1n eres on the Notes be
payable ou of any funds or propert1es other than the
Subord1n e Trus E ate . Further, the Notes shall not
conat1tu e a d b or an lndebtedness of the C1ty w1th1n the
mean1ng of ny cons itut1onal, statutory or charter debt
l1m1tat 1on or prov1a1on . Neith r the Co~1aa1onera of the
Au hori y nor any Persona execut1ng he Notes shall be l1able
personally on the No a .
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r 1n .
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authorization and d1rection the Trustee hereby accepts. The
Trustee may enter into custody arrangements with other
financial ins t itutions with respect to such investments;
provided, however, that such arrangements shall not impair
the title of the Trustee to such investments.
Section 4 .04. Subordinate Debt Service Fund. There
shall be deposited in the Subordinate Debt Service Fund (a)
all accrued interest received, if any , at the time of
1ssuance, sale and del1very of any series of the Notes,
(b) all Pledged Subord1na te Revenues derived under the Senior
Indenture, and (c) all other moneys held or received by the
Trustee under and pursuant to any of the provision~ of thia
Subordinate Resolut1on wh1ch are required or which are
accompanied by direct1 ons not 1nconsistent with the
provisions of this Sect1on 4.04 that such moneys are to be
deposited 1n the Subord1nate Debt Service Fund.
Except as prov1ded here1n upon the occur rence of an
Event of Default , amounts on depos1t in the Subordinate Debt
Service Fund shall be used solely to pay the Subordinate
Debt Service Requ1rements on the Notes as and when the same
become due and for the purpose of redeem1nq the Notes in
advance of their maturity 1n accordance Wlth this Subordinate
Resolution .
Section 4.05.
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Sect1on 4.06. Monevs to Be Held in Trust. All moneys
required to be deposited with or paid to the Trustee for
deposit in any Subordinate Trust Fund shall be held by the
Trustee in trust, and except for moneys deposited with or
paid to the Trustee for the redemption of Notes, notice of
the redemption of which has been duly given, shall, while
held by the Trustee, constitute part of the Subordinate Trust
Estate and be subject to the lien or security interest
created hereby .
Section 4.07. Excesses in Subord1nate Trust Funds .
After payment in full of the Subordinate Debt Service
Requ1rement on the Notes, the fees, charges and expenses of
the Trustee and all other amounts required to be pa i d
hereunder , any excess rema1ning in the Subordinate Trust
Funds shall be paid to the Authority to the extent permitted
by law, and any moneys not so paid to the Authority shall be
d1sposed of 1n accordance w1th the Act.
Sect1on 4.08. Rebate Fund. All amounts on deposit in
the Rebate Fund shall be 1nvested and expended in accordance
Wlth the prov1s1ons of the Investment Instructions and this
Subord1nate Resolution. There 1s hereby established in the
Rebate Fund, a Rebate Princ1pal Account and a Rebate Income
Ac count . The Trustee shall make deposits and d1sbursements
!rom the Rebate Fund in accordance w1th the Investment
Instruct1ons, shall invest the Rebate Fund pursuant to the
Investment Inatruct1ons and shall depoSlt 1ncome !rom such
1nveatm nts immed1ately upon rece1pt thereof in the Rebate
Income Account, all as d1rect d by the Au hority in the
Investment Instruc 1ona. The Authority sh ll make deposita
1nto the R ba e Fund as requ1red by the Inv stm nt
lnstruc 1ona. In the event t any Tax-Ex mpt Notes shall
b 1aaued and shall remain Ou atand1n9, the Authorlty ahall
mploy, at 1 a expena , a qu 1 fled !1rm o c rt1!1ed publ1c
accoun ante, which !1r annually shall m ke the calculat1ona,
d poa1 a, d1aburaem nta and 1nvea nta aa may be r quired by
h 1 d i a ly p c d1n9 a n nc Th Author1ty aha 1
rov1 a c o py o he repo r t o su c h !1r to he True e.
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required by this Sect1on 4.14 and the Investment Instructions
shall be retained by the Trustee until six (6) years after
the f1nal retirement of any Tax-Exempt Note.
Section 4.10. Rebate Disbursements. Not later than
thirty (30) days after the end of the fifth Note Year after
the issuance of any Tax-Exempt Notes and every five (S) years
thereafter, the Trustee shall pay to the United States of
Amer1ca (but only from funds deposited in the Rebate Fund
pursuant to Sect1on 4.09 of this Subordinate Resolution)
n1nety percent (90%) of the amount requ1red to be on deposit
in the Rebate Pr1nc1pal Account as of such payment date and
one hundred percent (100%) of the amount on deposit in the
Rebate Income Account as of such payment date. Not later
than s1xty (60) days after the final retirement of any
Tax-Exemp Notes (whether at maturity or upon redemption,
accelerat1on or otherwise), the Trustee shall pay to the
Un1ted St tes of America (but only from funds deposited in
the Rebate Fund pursuant to Sect1on 4.09 of this Subord1nate
Resolut1on) one hundred percent (lOO:) of the balance
rema1n1n 1n he Rebate Princ1pal Account and the Rebate
Income Accoun Each paymen requ1red to b paid to the
Un1ted St es o f Amer1ca pursuant o th1a S ction 4 .10 shall
be f1led with he Internal Revenu S rvice Center,
Philadelph a, Pennaylvan1a 19255 . Each payment shall be
accompan1ed by a copy of the 1nformat1on report or q1nally
filed wi h reap ct to the Tax-Ex mp No ea and a ata ement
aummar1:1nq he determ1na 1on o th amoun to be pa1d to the
Un1 ed S a ea o! Amer1ca .
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manner p rovid ed h erei n and in the Notes acc o rding to the true
i nte n t a nd mea n 1 ng thereof . The Subordinate Debt Servi c e
Requ i remen t of the No tes shall not constitute an indebtedness
of City, t h e S t ate or any political subdivision thereof , and
neither the City, the State nor any political subdivision
thereof shall be liable thereon . Further, the Notes shall
not constitute a debt or an indebtedness of the City within
the meaning of any constitutional, statutory or charter debt
limi tation or provi si o n applicable to the City . Neither the
Co mmiss i oners of the Au t hority n o r any Persons executing the
Notes shall be liable personally on the Notes .
The Author i ty c ovenants for the benefit of the
Reg iste red Owner s of the Out s tand i ng Notes that to the extent
amounts are ava i lable under the Seni or Indenture for deposit
in t h e Sink i n g Fu nd or the S u b o rdi n ate De b t Fu n d c re a ted
under the Sen io r Indenture, that all s uch a mo u nt s shall be
deposi ted in the Subordinate De bt Fund for so l o ng as any
No te s s ha l l rem ai n Ou t st andi ng .
S ection 5.02. Per f o r manc e o f Cove nants; Autho r i ty .
The Authority shall falthfu l ly perform at all time s a n y and
all covenants, undertak1ngs, st1 p ulations and prov1s1ons s e t
fo r th i n th1s Subordlna e Resolut1on, 1n any and e very Note
e x ecu t ed, authenticat d a nd del1vered hereunder and in al l of
its proceed1 n ga p r a1n1 n g her to. The Authority is dul y
authorize d und r the Const1tut1on and laws of the State,
1nclud1nq part1cularly and Wlthout l1m1ta 10n the Act, to
issue t he Notes author1zed hereby and to execute th1s
Subordln a te Resolution and to pledge the reee1pta and moun •
hereby pl dqed 1n the manner and to he extent set forth
herein. All ac ion aken by he Autho 1 y 1n connect1on w th
th issu nc of the otes and he execution and del1very of
th1s Subordlnat Resolu 1on h s en d ly effec 1v ly
k n, nd tha the No s in he h nda of 91 ered
nera th reo! ar and ahal v lld nd nfo c able
obl1qat1ons o the Au hori y cco rd1nq to h r o
and of thla Subo d1na aolu 1on .
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Section 5.04. Recording and Fil1ng. The Trustee, on
behalf of the Authority, shall cause all financing statements
related to this Subordinate Resolution, and such other
documents as may be necessary, in the opinion of counsel
acceptable to the Trustee, to be kept and filed in such
manner and in such places as may be required by law in order
to preserve and protect fully the security of the owners of
the Notes and the rights of the Trustee hereunder; provided
that (a) the Trustee may rely upon counsel acceptable to the
Trustee for the preparation (in form and substance) and the
filing of all initlal financing statements relating to the
Subordinate Trust Estate , and all supplements thereto, (b) on
a date not more than s1xty (cO) days prior to the termination
of any such financ1ng statement (currently five (S) years
from the date of fil1ng), the Trustee shall request that the
Authority file all continuation statements necessary to
continue the effect1veness of all financ1ng statements that
shall have been filed w1th respect to the Subordinate Trust
Estate; 1f the Trustee does not rece1ve written confirmat1on
that all such cont1nua 1on statements have been duly filed
before he d te that 1s th1rty (30) days pr1or to the
term1na 1on of any such f1nanc1ng statement, the Trustee
shall f1le such cont1nuat1on statements at the expense of the
Author1ty and (c) in performing 1ts obllgationa under this
Section 5.04, the Trustee shall no be responsible for any
loss or da age r sul 1ng from any act1on or inaction taken 1n
good faith reliance upon an opin1on or the act1on of counsel
acceptable to h Trustee.
Sec 10n 5 .05 . Inspec 1on of Recorda. All books and
recorda in he possession of he Authority rela ing to the
Urban ne al Pro)ec , th Urban Renewal P an, the Pledged
Su ord v nuea and h Subordln te Trua Eatate ahall
a all e 1mea be open to 1napec 1on by auch
other agents aa he T ua ee, h C1 y or other
No y ro 1m to tim dea1gn te .
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economical manner carry out and continue to completion, with
all practi ca ble dispatch, the Urban Renewal Project in
ac c ordanc e with its duty so to do under and in accordance
with the Act and the Urban Renewal Plan .
So long as any Notes remain outstanding, the Urban
Renewal Plan shall conform to a general or master plan for
the physical development of the City as a whole , and shall be
suff1c :ently complete to indicate such land acquisition,
demolition and removal of structures , redevelopment ,
improvements and rehabilitation, if any , as may be proposed
to be c arried out in the Urban Renewal Project Area , zoninq
and planning changes, if any , land uses, maximum densities,
bu ildlng requirements, and the relationship of the Urban
Renewal Plan t o defin1te local objectives respectinq
app ropriate land uses, 1mproved traffic, publ ic
tra nsportat ion, publ1 c ut1l1ties, recreat1onal and community
!acil1 1es and other publ1c improvements.
Sect1on 5.08. Use of Proceeds. The Authority covenants
and aqrees tha the proceeds of the sale of the Notes will be
depoa1ted and used a prov1ded 1n th1s Subord1na e Resolution.
Section 5.09 . Cert n Depos ta in the Subordinate Debt
Service Fund And Other Funda. I! and for so lonq as any
Tax-Exemp Notea ahall be Outstand1nq, the Author1ty shall
make no depo11 1n the Subordlnate Debt Service Fund, or
o he w1se apply funda or the paym nt of ny Subordinate Debt
Serv1ce Requ rement with r spect to the Tax -Exempt Notea,
wh1ch are no der ved from the Subordinate Truat Estate
unleaa the Author1 y shall f1rst obta1n an op1n1on of Bond
Counael aubat nttally o the effect tha auch depo11 or
p ltc 1on o !unda ah 11 not dversely ! ec th exclua1on
fro qroaa 1nco or purpoaes of federal inco of
nterea pa1d or payable on any of the T x-Ex
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statements have been prepared 1n accordance with generally
accepted accounting principles consistently applied for the
period of such statements . The Authority shall furnish a
copy of such statement or statements to the the Trustee, the
City and to any other Noteholder upon written request
therefor.
Section 5.11. Protection of Security and Rights of
Registered Owners of Tax-Exempt Notes; Certain Tax Covenants
Concerning the Tax-Exempt Notes. The Authority covenants and
agrees to preserve and protect the security of the Notes and
the rights of the Noteholders and to defend their rights
under all claims and demands of all Persons. Without
limit1ng the generality of the foregoing, the Authority
covenants and agrees to contest or cause to be contested by
court action or otherwise (a) any assertion by any officer of
any government un1t or any other Person whatsoever that the
Act is unconatltutional or that the Pledged Subordinate
Revenues or Subord1nate Trust Funds pledged hereunder cannot
be pa1d to or by the Author1ty for the debt service on the
Notes , or any o ther act1on affect1ng the val1d1ty of the
Notes or d1 l ut1ng the secur1ty therefor, and (b) any
asaert1on by the Un1ted States of Amer1ca or any department
o r agency the of or any other Person that the 1nterest
rece1ved by the Reglstered Owners of the Tax-Exempt Notea a
i nclud1ble 1n gross 1ncome for purposes of federal income
taxat1on.
The Author1ty
he
f u nd of
or 1 n d1r
ah a ll no
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receive an opinion from Bond Counsel substantially to the
effect that noncompliance with such requirements shall not
adversely affect the exclusion from gross income for purposes
of federal income taxation of interest paid or payable on
each of the Tax-Exempt Notes:
(a) Except as provided in the Investment
Instructions, no gross proceeds of the Tax-Exempt Notes
or of the Senior Bonds are reasonably expected to be
used (or will be used other than lnadvertently) directly
or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly
to acquire higher yielding investments. ("Higher
yielding investments" means any 1nvestment property
which can reasonably be expected to produce a yield in
excess of the y1eld on the Tax-Exempt Notes). Records
of all investments shall be ma1ntained by or on behalf
of the Authority until s1x years after the retirement of
the Tax-Exempt Notes.
(b) Th Tax-Exempt Notes shall not become d1rectly
or 1nd1rec ly federally quaran eed. Tax-Exempt Notes
w 11 be cons1dered o be "federally quaranteed" if the
payment of pr1nc1pal or lnterest Wlth respect to the
Tax-Exempt No ea 1a quaranteed (ln whole or 1n part) by
the Un1ted Sta a of Amer1ca (or any aqency or
inatrumental1 y h r of) or s. or more of he proceeds
o th Tax-Exemp o ea are used n mak1nq loans the
paym n of pr1nc1pal or n ereat with reap ct to which
quaran d or 1nvea d (dlrectly or ind1rec y) in
rally 1na d d poa1 a or accounts .
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Notes to be treated as "industrial development bonds"
within the meaning of the prov1sion s of the Internal
Reve n ue Code o f 1954 , as amended , or as "private
act ivity bonds" within the meaning of the provisions of
the Internal Revenue Code of 1986, as amended, and the
regulations and rulings of the Treasury Department
promulgat ed thereunder .
As used 1n this Articl e , all words and terms shall have
the sam mean1ngs as such words are given for the purposes of
the Code and the applicable regulations promulgated by the
Department of the Treasury thereunder.
The covenants set forth i n this Section concerning
federal tax matters shall apply only to the Tax-Exempt Notes .
Sect on 5 .12. Maintenance of Ex istenc e . The Authority
covenants and agrees to take no action to terminate its
ex1stence as a publlc body corporate and politic so long as
any Notes rema1n Ou standing .
Designation of Trustee as Note Registrar
n · Des1 na 1on of An Add1tional Pa in
A ents. Trustee lS h reby des1gnated and agrees to act
as Note R 91strar and Pay1n9 Agent for and in respect to the
Notes. The Au hor1ty hereby covenants and agrees to cause
the necessary arrangements to be made through the Trustee and
o be thereafter cont1nued for the des1gnat1on of any
ddit1onal Pay1ng Ag nts aa may !rom t1me to t me be
dea1gn d h reun er nd for he making available of funds
h r und r or the paymen o · auch of h Not a aa shall be
d wh n du
ARTICL VI
INVES
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Notes remain Outstanding, moneys on deposit in any
Subordinate Trust Fund or on deposit in any other fund or
account created in connection with the Notes, whether or not
such moneys were derived from the proceeds of the sale of the
Notes or from any other sources, will be invested in
accordance with the Investment Instructions and this
Subordinate Resolution. Pursuant to such covenants, the
Authority obligates itself to comply throughout the term of
the issue of the Tax-Exempt Notes with the requirements of
the Code and any regulations promulgated thereunder . The
Authority shall direct the Trustee to take all such action as
shall be necessary to insure compliance with such covenants
of the Authority, and the Trustee shall not knowingly allow
such covenants to be violated .
All moneys held by the Trustee in any Subordinate Trust
Fund shall be invested and reinvested by the Trustee in any
Permitted Investments in accordance with this Subordinate
Resolution and the Investment Instructions. The Trustee
shall assume responsibili ty for such investments unless
otherwise instructed in wr1ting by the Authority, in which
case the Trustee shall re1nvest moneys in accordanc with
such written direction with1n a reasonable t1me , so long as
such written instructions are not 1nconsistent w th this
Subordinate Resolut1on or the Investment Instruct1ons. The
Trustee shall incur no liabil1ty for any such 1nvestments
hereunder except in the case of 1ts gross negligence .
Obliqat1ons purchased as a result of an 1nvestment of moneys
1n any of the Subordinate Trust Funds shall be deemed at all
times to be a part of such fund or account, prov1ded that the
interest accruinq thereon and any gain real1~ed !rom such
lnveatment shall be cred1ted to he Subord1nate Debt Service
Fund and any loss reault1ng from any such authori~ed
1nves nt shall be charged to such fund or account Wlthout
l1ab 1 ty to h Author ty or the Trustee or any o! their
co iaa1onera, d1r c ora, off1cera, a en a or mployeea. For
h p rpos of d erM1n1n9 a any 91ven 1 th b lance in
any such und or a ccount, any such lnvest
par such !und or ccount ah 1 b valu d a
co h th n eat1 d or pp a1 d arke
1nv Th Trua ah 1 no b l1 bl 1n
ny such loaa
vroaa n nc
•h 1
A TlCL VII
DI HA C OF Ll
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any, and interest due or to become due thereon at the times
and in the manner stipulated therein, and if the Authority
shall not then be in Default in any of the other covenants
and promises in the Notes and in this Subordinate Resolution
expressed to be kept, performed and observed by it or on its
part, and if the Authority shall pay or cause to be paid to
the Trustee and any Paying Agents all sums of money due or to
become due according to the provisions of this Subordinate
Resolut ion, then these presents and the estate and rights
hereby granted shall cease, determine and be void, whereupon
the Trustee shall cancel and discharge the lien of this
Subord1nate Resolut1on , and execute and deliver to the
Authority such 1nstruments in writing as shall be requisite
to release the lien of this Subordinate Resolution , and
reconvey, release, ass1gn and deliver unto the Authority any
and all of the estate, right, title and 1nterest in and to
any and all rights or property conveyed, assigned or pledged
to the Trustee or otherwise subject to the lien of this
Subordinate Resolut1on, except cash held by the Trustee for
the payment of the principal of, premium , lf any, and
interest on he Notes .
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notice of redemption of such Notes shall have been previously
given in ac cordance with Article III of this Subordinate
Resolution, or in the event said Notes are not by their terms
subject to redemption within the next succeeding sixty (60)
days, until the Authority shall have given the Trustee, in
form satisfactory to the Trustee, irrevocable instructions to
notify , as soon as practicable , the Registered Owners of the
Notes, in acc ordance wi th Article III hereof , that the
depos it required by (a)(i i) above has been made with the
Tr4 stee and that sa1d Notes are deemed to have been paid in
accordance Wlth th1s Article and stating the matur i ty or
redempt1on date upon wh ich moneys are to be available for the
payment of the pr1nci pa l of and the appl icabl e redemption
prem1um , i f any, on said Notes, p us lntere st thereon to the
d ue date thereof; or (b) the maturi ty of such Notes.
All moneys so deposited Wlth the Trustee as prov1ded in
this Article VII may at the direction of the Authority also
be 1nvested and re1nvested 1n Governmental Obl1gat1ona,
matur1ng 1n the am ounts and t1mes as hereinbefore set forth,
and all 1ncome from all Governmental Obl1ga 1ons in the hands
of the Trustee pursuant to th1s Ar 1cl VII wh1ch 1s not
requ red for the paymen of the No a and lnterest and
pre 1u , f any , thereon ~lth respect to ~h1 ch such moneys
shall have been eo d pos1ted shall be d poa1ted in the
Subord1nate 0 bt Serv1ce Fund as and when rea 1zed and
coll cted for use and appl1cat1on as are o her moneys
deposit d n th Subordinate 0 bt Serv1ce Fund .
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payment of Notes a nd suc h Notes shall not have in fact been
actually paid in full, no amendment to the provisions of this
Article shall be made without the consent of the Registered
Owner of each Note affected thereby .
ARTICLE VIII
DEFAULT PROV I SIONS AND REMEDIES OF TRUSTEE
AND NOTEHOLDERS
Section 8 .01 . Defaults ; Events of Default . The
occurrence of any of t he fol l ow1ng events is hereby declared
to constitute an "Event o f De fault":
(a ) Default in he du e a n d punc tual payment of
interes t o n a n y Note; prov1 ded , h owever, that i f there
shall n o t be su ff lclent P l edg ed Subo rdinate Revenues ,
a nd othe r am ou n ts d e r ived f rom the Subordinate Trust
Es at e , to p ay lntere st on the S e r 1 ea 1 988A Note s, an
Event of Default shall not be declared by the Tru stee o r
the C1ty, as Reglatered Owner s of the Seri e s 1988A
No t a , if and for s o long as the Au hority s ha ll
e x erc1ae ita beat reaaonable efforts to o b t a i n f u n da f o r
th payment of auc h 1nterea ;
(b) Default 1n the due and punctua l payment of the
princ ipal of or pr 1um , lf any , on any No te , wh ethe r at
h a a ed matur ty reo!, or upo n proc eed i n ga f o r
redemp o n thereo , u p o n he a cc e l eration the reof by
dec lar ion ;
h of an Ev n o Defa ult und r
• 0·
•
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declare the principal of all Outstanding Notes and the
interest accrued thereon immed1ately due and payable, and
such principal and interest shall thereupon become and be
immediately due and payable.
Section 8.03 . Other Remedies; Rights of Noteholders.
Upon the occurrence of an Event of Default, the Trustee may
exerc ise its rights with respect to the Subordinate Trust
Estate and may pursue any available remedy at law or in
equity to enforce the payment of the principal of, premium,
if any, and interest on the Outstanding Notes.
If an Event of Default sh all have occurred and be
cont1nuing and if requested to do so by the Registered Owners
of twenty-five percent (25~) in aggregate princ1pal amount of
Outstanding Notes and providlng that indemnification is
furn1shed as set forth in Section 9 .01(1) hereof, the Trustee
shall be obligated to exercise such one or more of the rights
and powers conferred by th1s Sect1on 8.03 and by Sect1on 8 .02
hereof, as the Trus ee, be1ng adv1sed by counse , shall deem
mos exped1ent 1n the 1n ereats of th Noteholders.
No r m dy confe red upon or rea rv d to the Trustee (or
to the Noteholders) by he rma o! h1s Subord1nate
Reaolut1on 1s 1n ended to b exclus1ve of any other re edy,
but each and ev ry such ren dy shall b cumulat1ve and shall
be 1n add1 10n o any other r m dy qlven o the Trust e or o
the Notehold ra h reund r o now or herea er ex1at1ng at law
or 1n equ1 ty.
or o 1Ss1on x rc1se any r1gh or po er
ult shall 1mp 1r any such r1ght
d o be a w 1ver of any such
h such r gh
n as ay
y
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accordance with the provisions of law and of this Subordinate
Resolution .
Section 8.05 . Appointment of Receivers . Upon the
occurrence of an Event of Default, and upon the filing of a
suit or other commencement of judicial proceedings to enforce
the rights of the Trustee and of the Noteholders under this
Subordinate Resolution, the Trustee shall be entitled, as a
matter of right, to the appointment of a receiver or
receivers of the Subordinate Trust Estate and of the
revenues, earnings , income, products and profits thereof,
pending a determinatlon of such proceedings , with such powers
as the court mak1ng such appointment shall confer.
Section 8 .06. Waiver. Upon the occurrence of an Event
of Default, o he ex ent that such rights may then lawfully
be wa1ved , neither the Authority, nor anyone claiming through
or under it, shall set up, claim or seek to take advantage of
any appra1sement, valuat1on, stay, extension or redemption
laws of any )Urisd1ct1on now or hereafter in force, in order
to prevent or h1nder the enforcement of th1s Subordinate
Resolut1on, and th Author1ty, for 1tself and all who may
cla1m through or under it, hereby wa1ves, to the extent that
it lawfully may do so, the benef1t of all such laws.
Sect1on 8.07 . Appllcation of Moneys . All moneys
rece1ved by the Trustee pursuant to any r1ght given or action
taken under h prov1s1ons of h1s Art1cl shall, after
payment of the r aaonable costs and expenses of the
proce d1ngs resul 1ng n the coll ct1on of such moneys and of
the reasonable expens a, l1abil1t1es and adv ances 1ncurred or
made by the Trustee, nclud1ng but not 11m ted to ny
ex raord1nary 1n atratlV expenses o he Trust e , be
d poa1 d 1n Subord1nate Deb S rv1ce Fund and all mo neys
1n th S ord 0 b Servic Fund sh l be applied as
follows:
7J
ll
ar
shall
payable,
I • •
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SECOND -To the payment to the Persons
entitled thereto · of the unpaid principal of and
premium, if any, on any of the Notes which shall
have become due (other than Notes matured or called
for redemption for the payment of which moneys are
held pursuant to the provisions of this Subordinate
Resolution), with interest on such Notes from the
respect~ve dates upon which they became due (with
interest on overdue installments of interest, to
the extent permitted by law, at the rate of
interest borne by the respective Note) and, if the
amount available shall not be sufficient to pay in
full Notes due on any particular date, together
with such interest, then to the payment ratably,
according to the amount of principal due on such
date, to the Persons entitled thereto without any
d~scriminat~on or privilege; and
b com
THIRD -To be held for the payment to the
Persons-entitled thereto as the same shall become
due of the pr1nc1pal of and prem~um , if any , and
1nterest on the Notes wh1ch may thereafter become
du e~ther at maturity or upon call for redemption
prior to matur~ty and, 1f the amoun available
shall not be suffic1ent to pay in full Notes due on
any part1cular date, together w1th 1nterest then
du and ow i ng thereon , paymen shall be made
ratably accord~ng to the amount of princ1pal due on
such date to the Persons entitled thereto w~thout
any d~acrim~nat on or privileg .
(b) the pr1nc1p l
all suc h
pr1nc1pal nd
Notes , w1thou ov r
1nter s
ina 11
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in accordance with the provisions of Section 8.07(a)
hereof.
Whenever moneys are to be applied pursuant to the
provisions of this Section 8.07, such moneys shall be applied
at such times, and from time to time, as the Trustee shall
determine, having due regard to the amount of such moneys
available for application and the likelihood of additional
moneys becoming available for such application in the
future. Whenever the Trustee shall apply such funds, it
shall fix the date (which shall be a Note Payment Date unless
it shall deem another date more suitable) upon which such
appl~cation is to be made and upon such date interest on the
amounts of princ~pal to be paid on such dates shall cease to
accrue. The Trustee shall g~ve such notice as it may deem
appropr~ate of the deposit w~th ~t of any such moneys and of
the fixing of any such date, and shall not be required to
make payment to the Registered Owner of any Note until such
Note shall be presented to the Trustee for appropriate
endorsement or for cancellat~on ~f fully paid .
Whenever the prlnc~pal of, prem~um. ~f any , and 1nterest
on all Notes hav been pa d under the prov1s1ons of this
S ction 8.07 and all exp nses and charqes of the Trustee have
been pa1d , any balanc rema1n1nq 1n th Subord1na Debt
Serv1ce Fund shall be disbursed ss prov1ded 1n Sect1on 4.12
hereof .
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exercise the powers hereinbefore granted or to institute such
action, suit or proceeding in their own name or names, (ii)
they have offered to the Trustee indemnity as provided in
Section 9.01(1) hereof, nor unless (iii) the Trustee shall
thereafter fail or refuse to exercise the powers hereinbefore
granted , or to institute such action, suit or proceeding in
its own name . Such notification, request and offer of
indemnity are hereby declared in every case at the option of
the Trustee to be conditions precedent to the execution of
the powers and trusts of this Subordinate Resolution, and to
any action or cause of action for the enforcement of this
Subordinate Resolution, or for the appointment of a receiver
or for any other remedy hereunder; it being understood and
1ntended that no one or more Registered Owner of the Notes
shall have any right in any manner whatsoever to affect,
disturb or pre j udice the lien of this Subordinate Resolution
by its, his , her or their action or to enforce any right
hereunder except in the manner provided herein, and that all
proceed1ngs at law or in equity shall be 1nstituted, had and
maintained i n the manner provided herein and for the equal
and ratable benefit of the Reg1stered Owners of all
OUtstanding Notes. However, noth1ng set forth 1n this
Subord1nate Resolution shall affect or impa1r the right of
any Noteholder to enforce the payment of he pr1nc1pal of ,
premium , if any , and interest on any Note at and after the
maturity thereof, or the obligat1on of the Authority to pay
the pr1nc1pal of, prem1um, if any , and 1nterest on eac h of
the Notea 1aaued hereunder to the reapec t1ve Noteholdera at
the t me , place , from the aourc and 1n the manner expreaaed
n the Notea .
J
d
er
0
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0
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principal amount of all Outstanding Notes in respect of which
Default in the payment of principal or interest, or both,
ex~sts or (ii) more than sixty-six and two-thirds percent
(66-2/3%) in aggregate principal amount of all Outstandinq
Notes in the case of any other Default; provided , however,
that there shall not be waived any Event of Default in the
payment of the principal of or interest on any Outstanding
Notes unless prior to such waiver or rescission , all arrears
of principal and interest (other than principal of or
interest on the Notes which became due and payable by
declaration of acceleration), both, to the extent permitted
by law, with interest at the rate of interest borne by the
respective Note on overdue installments, and all expenses of
the Trustee in connection with such Event of Default shall
have been paid or provided for . In case of any such waiver
or rescission, then and in every such case the Authority, the
Trustee and the Noteholders shall be restored to their former
positions and riqhts hereunder, respectively , but no such
waiver or resc~ssion shall extend to any subsequent or other
Default, or impair any r1ght consequent thereon.
Sect1on 8 .12. Not1ce of Defaults Under Section 8.0l(c);
Opportun1ty of AuthorltY to Cure Such Defaults. Anyth1nq
herein to the contrary notw1thstand1nq, no D fault under
Section S.Ol(c) hereof shall constltute an Event of Default
until actual notice of such Default by req1stered or
certified mail shall be qiven to the Author1ty by the Trustee
or by the Reqistered Owners of not less than twenty-five
perc ent (2SX) in aqqreqate pr1nc1pal amount of all
Outatandlnq Notes and the Authorlty shall have had 30 daya
af er receipt of such not1c to correct sa1d Default or cause
aa1d Default to be corrected, nd shall not have corrected
sa1d Default or caused sa1d Default to be corrected within
the appl1cable period; prov1ded. however, 1! •• d Defaul be
auch that it cannot be correct d withln the appl cable
per od, it shall not cons t te an Even of D fault if
correctlY action is 1na tu d by h Au hor1 y w1th1n the
appl1cable p r1od and d1l1qen y purau d un 11 h D fault 1a
correct d.
l 7J
A T Ct. IX
T UST
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(a) The Trustee, prior to the occurrence of an
Event of Default and after the curing of all Events of
Default which may have occurred, undertakes to perform
such duties and only such duties as are specifically set
forth in this Subordinate Resolution. In case an Event
of Default has occurred (which has not been cured or
waived), the Trustee shall exercise such of the rights
and powers vested in it by this Subordinate Resolution,
and use the same degree of care and skill in the
exercise of such rights and powers as an ordinarily
prudent trustee would exercise or use under a corporate
indenture;
(b) The Trustee may execute any of the trusts or
powers of this Subordinate Resolution and perform any of
its duties by or through attorneys, agents, receivers or
employees, but shall be answerable for the conduct of
the same in accordance with the standard specified
above, and shall be entitled to advice of counsel
concerning its duties hereunder, and may in all cases
pay such reasonable compensation to all such attorneys,
agents , receivers and employees as may reasonably be
employed 1n connection with the trusts hereof . The
Trustee may act upon the op1nion or adv1ce of any
attorney (who may be the attorney or attorneys for the
Authority) approved by the Trustee in the exercise of
reasonable care. The Trustee shall not be reaponsible
for any loss or damage result1ng from any act1on or
inaction 1n good fa1th 1n rel1ance upon such op n1on or
advice ;
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(d) The Trustee shall not be accountable for the
use of any Notes authenticated or delivered hereunder.
The Trustee may become the owner of Notes secured hereby
and may otherwise deal with the Authority with the same
rights which it would have if it were not the Trustee;
(e) The Trustee shall be protected in acting upon
any notice, request, consent, certificate, order,
affidavit, letter, telegram or other paper or document
believed to be genuine and correct and to have been
signed or sent by the proper Person or Persons . Any
action taken by the Trustee pursuant to this Subordinate
Resolution upon the request or authority or consent of
any Person who at the time of making such request or
giving such authority or consent is the Registered Owner
of any Note shall be conclusive and binding upon all
future Registered Owners of the same Note and upon Notes
issued in exchange therefor or in place thereof;
(f) As to the existence or nonexistence of any
fact or as to the suff1c1ency or validity of any
instrument, paper or proceeding, the Trustee shall be
entitled to rely upon a certificate signed by the
Authority Representative as sufficient evidence of the
facta therein contained and prior to the occurrence of a
Default of which the Trustee has been notified as
provided in Sect1on 9 .0l(h) hereof , or of which by
Section 9.0l(h) hereof lt shall be deemed to have
notice, may alao accept a aim lar certiflcate to the
effect that any particular deal1ng, transact on or
action under this Subord1nate R solut1on is necessary or
exped1ent, but may a ta d1acret1on secure such further
1 7J
evidence dee ed by to be n ceasary or adv1aable , but
shall 1n no case b bound to secure the same . The
Trustee may cc p a c rti!icate of such o!!1c1ala of
th Authority who xecuted th Notes (or their
successors in off1 c ) und r th seal o! the Authority to
the e!fec a r s o u 1on in the fo her in aet
!orth h s d o p d by h Au hor1ty as c onc l ua1v
v1d n e e ths c h r s o l u ion h • b en d ly ado p d and
a i n l ull
0
a h 1 1
1 n o b
•
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required deposits in the Subordinate Debt Service Fund
or to file with the Trustee any document required by
this Subordinate Resolution to be so filed subsequent to
the issuance of the Notes) unless the Trustee shall be
specifically notified in writing of such Default by the
Authority or by the Registered Owners of at least
twenty-five percent (25%) in aggregate principal amount
of Outstanding Notes, and all notices or other
instruments requ1red by this Subordinate Resolution to
be delivered to the Trustee, must, in order to be
effective, be del1vered at the principal corporate trust
office of the Trustee, and in the absence of auch notice
so delivered the Tru~tee may conclusively assume there
1s no Default except as aforesaid;
( ) At any and all reasonable times the Trustee,
and its duly author1zed agents, attorneys, experta,
eng1neers, accountants and representat1ves, shall have
the r1ght fully to 1nspect any and all of the booka and
records of the Author1ty pertaining to the Urban Renewal
ProJect, the Pledged Subord1nate Revenues and the Notea,
and to make such cop1es and memoranda fro and w th
regard thereto aa may be dea1red;
(J) The Truatee ahall not be required to g1ve any
note or aurety in r spect of the execut1on of the sald
trust• and power• or otherw1ae 1n respec of the
premises;
7J
elaewhere 1n thia
to the
thdrawal of any caah,
•
•
gross negligence or willfu l default in connection with
any such action ;
(m) All moneys received by the Trustee shall,
until used or applied or invested as provided herein, be
held in trust for the purposes for which they were
received, but need not be segregated from other funds
except to the extent required by law.
Section 9.02. Fees, Charges and Expenses of Trustee .
The Trustee and any Paying Agents shall be entitled to
payment and reimbursement for reasonable fees for its
services rendered hereunder and all advances, counsel fees
and other expenses reasonably and necessarily made or
incurred by the Trustee in connection with such services.
Upon the occurrence of an Event of Default, but only upon the
occurrence of an Event of Default, the Trustee shall have a
first lien with right of payment prior to payment on account
of principal of, prem1um, if any, and interest on any Note
upon the Subordinate Trust Estate for the foregoing fees,
cha ges and expenses 1ncurred by the Trustee .
Section 9.03. Not1ce to Noteholders if Default Occurs.
If a Default occurs of wh1ch the Trustee ia by Section
9.0l(h) hereof required to take not1ce or 1f notice of
Default be given aa provided herein, then the Trustee shall
promptly give not1ce thereof by registered or certified mail
to the Reglstered Owner of ach Note requ1red by the terms of
Section 5.06 hereof to be kept at the pr1ncipal corporate
trust o!!1ce of the Trustee.
S ction 9.04. Intervent1on by Trustee. In any JUdlcial
proce d ng to which the Author1ty ia a party and wh1cl in the
op1n on of the Trustee and ts counsel h • a substantial
bearing on the interests of he Reg1atered n ra of the
Notes, he Trust e may 1ntervene on behalf of Noteholdera and
shall do ao 1! r qu at d 1n wr1ting by the Reg1atered nera
of a least y•flv p rcent (25 ) of th ag9re9 te
pr nc1p 1 of Ou at nd1ng o ••·
• o-
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matters as was its predecessor , w~thout the execution or
filing of any instrument or any further act, deed or
conveyance on the part of any of the part~es hereto, anything
herein to the contrary notw~thstanding.
Section 9 .06 . Resignation by Trustee. The Trustee and
any successo r Trustee may at any time resign from the trusts
hereby created by giving notice thereof by giving 30 days'
written notice by reg~stered or certified mail (i) to the
Authority and (ii) to the Reg~stered Owner of each Note as
shown by the list of Noteholders required by Section 5.06
hereof to be kept by the Trustee, and such resignation shall
not take effect until the appo1ntment of a successor Trustee
by the Noteholders or by the Authority . If an instrument of
acceptance by a successor Trustee shall not have been
delivered to the Trustee within thirty (30) days after the
givinq of such notice of res~gnation, the resigning Trustee
may petition any court of competent jurisdiction for the
appo~ntment of a successor Trustee.
Section 9.07 . Removal of Trustee. The Trustee may be
removed at any t~me by an 1nstrument or concurrent
instruments 1n wr1t1nq del1vered to the Trustee and to the
Author1ty and a1qned by the Reg1stered Owners of a maJority
in aggregate prlncipal amount of Outstandlng otea. No
removal of the Trustee shall be effect1ve unt1l the
appointment of a successor Trustee by the Noteholders or by
the Authority.
Sect1on 9.08 .
or
d
n
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provis1ons of this Se c tion shall be a trust company or bank
in good standing having a reported capital and surplus of not
less than $10,000 ,000 if there be such an institution
willing , qualified and able to accept the trust upon
customary terms .
Section 9.09 . Acceptance by Any Successor Trustee.
Every successor Trustee appointed shall execute , acknowledge
and deliver to its predecessor and also to the Authority an
instrument in writing accepting such appointment, and
thereupon such successor, without any further act, deed or
conveyance, shall become fully vested with all the estates,
properties, rights , powers, trusts, dut1es and obligations of
its predecessor; but such predecessor shall, nevertheless, on
the written request of the Authority , or of its successor,
execute and del1ver an instrument transferring to such
successor all the estates, propert1es, rights, powers and
trusts of such predecessor hereunder; and every predecessor
Trustee shall del1ver al l secur1t1es and moneys held by it as
the Trustee hereunder to its successor. Should any
instrument in writing from the Authority be requ1red by any
successor Trustee for more fully and certa1nly vest1ng 1n
such successor estate, r1ghts, powers and duties hereby
vested or intended to be vested 1n the predecessor, any and
all such instruments 1n wr1t1ng shall, on request, be
executed , acknowledged and d l1ver d by th Authority. The
resignation of any Trustee and the nstrument or 1nstruments
removing any Trustee and appo nt1ng a s ccessor hereunder,
together with all other 1nst menta pro 1 ed for in th1s
Art1cle, shall be !1 ed or recorded by the successor Trustee
1n each record1ng off1ce where the Su ord1na e Resolut1on
shall have been f1led o recorded , 1f any .
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The Trustee may appo1nt an additional individual or
inst1tut1on as a separate or Co -Truste e , in which event each
and every remedy, power , r1ght, cl aim , demand, cause of
a ction, lmmunity, estate , title, interest and lien expressed
or intended by this Subord1nate Resolution to be exercised by
or v ested in or conveyed t o the Trustee with respect thereto
shall be exerc1sable by and vest in such separate or
Co-Trustee, but only to the extent necessary to enable such
separate or Co-Trustee to exerc1se such powers , r ights and
remed1es , and every covenant and obligation necessary to the
exerc1se hereof by such separate or Co-Trustee shall run to
and be enforceable by e1ther o f them .
Should any deed, conveyanc e or instrument in wr1t1ng
from the Authorlty be requ1red by the separate or Co-Trustee
so appo1nted by he Trustee for more fully and c ertai nly
vest1ng 1n and conf1rm1ng to h1m , her or 1t such properties ,
rights , powers, trus s, duti e s and obligations , any and all
such deed • conveyances and lnstruments 1n wr1t1ng shall, on
reques • be executed , acknowledged and delivered by the
Author1ty . ln case any separate or Co -T rustee, or a
successor o e1ther , shall d1e, become 1ncapable of ac 1ng,
res1qn or be removed , al the estates, properties , r ghts,
powers, trusts, dut1es and obl1gat1ons of such separ ate or
Co-Trustee , so far as perm1tted by law. shall vest 1n and be
exerc1s d by the Trustee untll the appo1ntment of a new
Truste or successor o such s parat or Co-Trustee .
J
• n n
(C)
10
ARTl ~L E X
SUPPLEMENTAL INDENTURES
ct or
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(d) To modify, amend or supplement this
Subord1nate Resolution or any indentur e supplemental
hereto ln s uch manner as to permit the qualification
hereof and thereof under the Trust Indenture Act of
1939 , as amended, or any similar federal statute
hereafter in effect or to permit the qualification of
the Notes for sale under the securities laws of any of
the states of the United States of America;
(e) To provide for the issuance of Additional
Subordinate Debt pursuant to the provisions of Section
2.10 hereof;
(f) To e vide n c e the appointment of a Trustee or a
separate or Co-Trustee or the success ion of a new
Trustee or Paylng Agent hereunder; or
(g) To make any other amendment to the terms and
prov1s1ons of thls Subordlnate Resolutlon as , in the
Judgment of the Trustee (if other than the Authority),
is not adverse to the inte r ests o f the Reglstered Owners
of the Notes.
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Subordinate Resolut1on on the Subordinate Trust Estate or any
part thereof, except as hereinbefore expressly permitted, or
(f) the deprivation of the Registered Owner of any
Outstanding Note of the lien hereby created on the
Subordinate Trust Estate , or (g) an amendment to Section 8 .02
of this Subordinate Resolution.
If at any time the Authority shall request the Trustee
to enter into any such supplemental indenture for any of the
purposes of this Sect1on, the Trustee shall, upon being
satisfactorily indemnif1ed with respect to expenses, cause
notice of the proposed execution of such supplemental
lndenture to be given by registered or certified mail to the
Registered Owner of each Note . Such notices shall briefly
set forth the nature of the proposed supplemental indenture
and shall state that copies hereof are on file at the
pr1ncipal corporate trust office of the Trustee for
1nspection by all Noteholders . If , within 60 days or such
longer period as shall be prescr1bed by the Authority
fol ow1ng such not1ces, the Reg1stered Owners of not less
than two-thlrds (2 3) ln aggregate pr1nc1pal amount of the
Notes Outs and1ng at the time of he execut1on of any such
supp emental lndenture shall have consent d to and approved
the execut1on hereof as prov1d d here1n, no Registered Owner
of any Not shall have any r1ght to ob) c to any of the
terms and prov1s1ons conta1ned there1n, or the operation
th r of, or 1n any manner to ques 1on the propr1e y of th
cu 1on thereo , or o enJOln or restra1n the Trustee or
Author ty fro execu 1ng h sam or fro ak1ng any
ac 1on p suan o he prov1a1ons thereof Upon the
xecu 1on of any such aupp emen al 1nd n ure as 1n th1a
Sec 10n 1 0 .02 p ed and prov1ded , h1s Subord nate
esolu on hal and be d d o be od1!1ed and nd d
1n a c c o danc e he ew1 h
A TlCLE XI
us
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(a) The fact and date of the execution by any
Person of any such writing may be proved by the
certificate of any officer in any jurisdiction who by
law has power to take acknowledgments within such
jurisdiction that the Person signing such writing
acknowledged before him or her the execution thereof, or
by an affidavit of any witness to such execution .
(b) The fact of ownership of Notes and the amount
or amounts, number s and other identification of such
Notes, and the date of holding the same shall be proved
by the registration books of the Authority maintained by
the Trustee pursuant to Section 5.06 hereof.
For all purposes of this Subordinate Resolution and of
the proceedings for the enforcement hereof, such Person shall
be deemed to continue to be the Registered Owner of such Note
until the Trustee shall have received not1ce 1n writing to
the contrary.
Sect1on 11.02. L1m1tat1on of R1ghts . W1th the
exception of any r1ghts here1n exp=essly conferred, nothing
expressed or ment1oned 1n or to b 1mpl1ed from this
Subordinate Resolut1on or the Notes 1a lntended or shall be
cons rued to give to any Person or company other than the
Trustee and the Author1 y , and the Req1atered Owners of the
Notes , any egal or equ1 able r1gh , r medy or claim under or
w1th respect to th1s Subord1nate Reso ut1on or any covenants,
condltions and pro v s ons her 1n contalned ; th1a Subord1nate
Reso ut1on and al of the covenants , cond1t1ona and
prov1s1ons h r of be1ng 1n nd d to be and b 1ng for the aole
and exclusive n 1 of he Trus •• nd the Authorlty , and
th Re91a er d •• er a ot h Note$ as pro v1d d here1n .
J
If any prov1s1on of this
d or deem d to be or
1no p at1v o r unenforceable, the
h r pro v1s1on or prov1aions
a n v a 1 d , nop rat1ve or
h atev r .
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to be given hereunder by the Trustee or the Authority shall
also be given to City. The Authority, the City , the Trustee
and City may designate by written notice given by each to the
others any further or different addresses to which subsequent
notices, certificates or other communications shall be sent
when required as contemplated by this Subordinate Resolution.
Secti on 11 .05 . Payments Due on Saturdays, Sundays and
Holidays . In any case where the date of matu rity of interest
on or principal of the Note s or the date fixed for redemption
of any Notes shall be 1n the city of the Trustee's principal
corporate trust office a Saturday , Sunday or a legal holiday
or a day on wh ich banking institut1ons are authorized by law
to close , then payment of princ i pal , premium, if any, or
i nterest need not be made on such date but may be made on the
next succeeding Business Day with the same force and effect
as if made on the date of maturity or the date fixed for
redemption , and no 1nterest shall accrue for the period after
such date .
Sect1on 11 .06 . Counterparts. Th1s Subordinate
Resolution may be slmultaneously executed 1n several
counterpart , each of wh1ch shall be an original and all of
wh ich shall conat1tute but one and the same 1nstrument.
Sect1on 11 . 08 .
(a)
contex o
J
ation.
Subord1nate Resolution, unleaa the
requ1rea :
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(ili) If at any time there shall be one Person
who shall be the registered owner of all of the
Outstand1ng Notes and this Subordinate Resolution
shall require the consent of the Trustee for a
particular purpose, then the consent of that Person
shall be required in lieu of the consent of the
Trustee for that purpose, unless that Person shall
have been notified and shall not have responded
within a reasonable per1od of time.
(b) Nothing expressed or 1mpl1ed 1n this
Subordinate Resolution is intended or shall be construed
to confer upon or to give any Person , other than the
Authority, the Trustee and the registered owners of the
Notes, any right, remedy or cla1m under or by reason of
hls Subord1nate Resolutlon or any covenan , agreement ,
cond1t1on or st1pulation hereof.
Sec 1on 11 .09 . Capt1ons. The captions and headings in
th1s Subord1nate Resolu 1on are for convenience only and in
no way def1ne , 1m1t or descr1be the scope or ntent of any
provis1ona or Sect1ons of th1s Subord1nate Reaolut1on.
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Person, it is not necessary that all such matters be
certified by, or covered by the opin1on of, only one such
Person, or that they be so certified or covered by only one
document, but one such Person may certify or give an opinion
with respect to some matters and one or more other such
Persons as to other matters, and any such Persons may certify
or give an opinion as to such matters in one or several
documents .
Any certificate or op1nion of an officer of the
Authority may be based, insofar as it relates to legal
matters, upon a certificate or opinion of , or representations
by, Independent Counsel, unless such officer knows, or in the
exercise of reasonable care should know, that the certificate
or opinion or representations with respect to the matters
upon which his or her cert1f1cate or opinion is based are
erroneous . Any such certificate or opinion of Independent
Counsel may be based, insofar as it relates to factual
matters, upon a cert1f1cate or opin1on of, or representations
by, an off1cer or off1cers of the Authority stating that the
1nformation w1th respect to such factual matters is in the
possess on of the Authority, unless such Independent Counsel
knows, or in the exerc1se of reasonable care should know,
that the certi!1cates or opin1on or representations with
respect to such matters are erroneous.
When any Person s required to make, give or execute two
or aore applicatlons, requests, consents, certificates,
statements, opinions or other instruaents under this
Subordinate Resolution , such instruments may, but need not,
be eoneol1dated and !o one 1netrument.
Sect on 11 . 11 . Exh1b1te . Attached to and by reference
made • par of thu Subordlnate Reeolut1on are the following
exh1bite :
Exh1blt A: Fo o • S r1es 1988A Note ; and
SCt'lp . 1on o! Add1tlonal I prove ents .
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Adopted and approved this 2nd day of March 1988.
[SEAL) ENGLEWOOD URBAN RENEWAL
AUTHORITY
Attest :
By ~--~----~~--=---~~ Secretary of the Board of
Commissioner•
7J
By
Chairman of the Board of
Commissioners
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EXHIBIT A
[FORM OF SERIES 1988A NOTE]
[FRONT OF SERIES 1988A NOTE]
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF ARAPAHOE
CITY OF ENGLEWOOD
ENGLEWOOD URBAN RENEWAL AUTHORITY
SUBORDINATE TAX INCREMENT REVENUE NOTE
(ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT)
SERIES 1988A
No . R-$788,000
( I'II&XiiDUIII)
INTEREST RATE : MATURITY DATE : ORIGINAL ISSUE DATE:
8 .1% per annum December 1, 2005 March 2, 1988
REGISTERED OWNER :
PRI 'CIPAL SUM : A MAXIMUM OF SEVEN HUNDRED EIGHTY EIGHT
TH OUSAND DOLLARS , DRAWABLE AS DESCRIBED
HEREIN
KN
Urban en
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matur1ty may become applicable hereto. The principal of and
premium , 1f any, on this note are payable in lawful money of
the United States of America at the principal corporate
t rust office of the Authority , as initial trustee , or any
succe ssor trustee appointed by the Authority, or its
successor in trust (the "Trustee"). Payment of interest on
th1s note shall be made to the Registered Owner hereof and
shall be paid by check or draft mailed _to the Registered
Owner at the address of such Registered Owner as it appears
on the registration books of the Authority maintained by the
Trustee in the manner and subject to the limitations set
forth in the Subordinate Resolution referred to below .
This n ote is one of an authorized issue of notes
des1gnated "Englewood Urban Renewal Authorlty, Subordinate
Tax Increment Revenue Notes (Englewood Down own
Redevelopment ProJect) Series 1988A," l1m1ted, except as
provided with respect to Add1t1onal Subord1nate Debt (as
here1nafter def1ned), 1n aggregate pr1nc1pal amount to
$788 ,000 (the "Ser1es 1988A Notes"), 1ssu d by the the
Author1ty for the purpose of prov1d1ng funds to f1nance
certain of the act1v1t1es of the Authorlty 1n connect on
w1th th Englewood Downtown Redevelopment ProJect (the
"Urban Renewal ProJect"), an urban ren wal proJect located
1n an area (the "Urban Renewal ProJect Area") w1th1n the
boundar1ea of he C1ty of Englewood , Co orado (the "C1ty").
The S r1ea 1988A No es are 1ssu d under the authonty of the
Co or do Urba ene al Law, constl utlng Art1cle 25 , T t •
31 , Colorado v1aed Statutes (the "Act").
The Ser1••
qu l y and rat of
and 1n
otea (wh1ch
nd d
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Pursuant to the provisions of an Indenture of Trust ,
dated as of December 1, 1985, by and between the Authority
and The Central Bank and Trust Company of Denver, dfb/a
Central Bank of Denver , as trustee (the "Senior Trustee")
(which indenture of trust, as from time to time amended and
supplemented , is herelnafter referred to as the "Senior
Indenture"), the Autho r i ty has heretofore issued its
"Englewood Urban Renewa l Authority , Tax Increment Revenue
Refu nd1ng and Improvement Bonds (Englewood Downtown
Redevelopment Pro J e ct) Seri es 1985A" in the original
aggregate pr i ncipal amount of $23 ,1 50 ,000 (the "Series 198SA
Bonds"), and its "Englewood Urban Renewal Authority, Tax
Increment Revenue Refund1ng Bonds (Englewood Downtown
Redevelopment Proj e ct) Ser1es 1985B" in the original
aggregate princ1pal amount of $7,045,000 (the "Series 198SB
Bonds"). As set forth 1n the Sen1or Indenture, the
Authority may 1saue under certa1n cond1 t 1ona Additional Debt
wh1ch w1ll be secured on a par1ty under the Senior Indenture
w1th the Ser1es 1985A Bonds and the Ser1ea 19BSB Bonds . The
Ser1es 19BSA Bonds , he Ser1es l985B Bonds and any
Add1t1ona Debt o 1saued by the Authorlty are herein
collect1ve y referred o as the "Bonds." As set forth i n
the sen1or Inden ur • all Bonds are secured on a bas1a which
is aen1or and super1or o the secur1ty prov1ded to the Notes
under the S ord1na ~esolut1on.
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This ote is transferable by the Registered Owner
hereof 1n person or by his or her attorney duly authorized
in wr1t1ng at the principal corporate trust office of the
Trustee, but only in the manner, subject to the limitations
and upon payment of the charges provided in the Subordinate
Resolution, and upon surrender and cancellation of this
Note . Upon such transfer a new registered Note or Notes of
the same series and the same maturity and of authorized
denomination or denominations for the same aggregate
principal amount will be issued to the transferee in
exchange therefor. The Authority and Trustee may deem and
treat the Registered Owner hereof as the absolute owner
hereof (whether or not this Note shall be overdue) for the
purpose of receiving payment of or on account of principal
hereof and premium, if any , and 1nterest due hereon and for
all other purposes , and neither the Authorlty nor the
Trustee shall be affected by any not1ce to the contrary.
The Ser1es 1988A Notes are 1ssuable as fully reg1stered
Notes w1thout coupons 1n denom1nat1ons of $1,000 and any
1ntegral mult1ple thereof. Subject to the l1m1 tat1ons and
upon payment of the fees, taxes and governmental charges
prov1ded 1n the Subord1nate Resolut1on, the Notes may be
exchanged for a l1ke aggregate pr1nc1pal amount of Notes of
other author1~ed denom1nat1ons of the same series and the
same maturity.
The Ser1es 1988A ot s are bJeC to redempt1on in
advance of matur1ty as set forth below:
ote sha l b sub)eC-o manda ory
par (and 1! 1n part . he Ser1ea
rede m d by lot 1n such manner as the
ote Paymen Oa at th
A•
of pnnc:ipal
plus accru d in ereat
h ex en th t
e De Serv1ce nd
n Date aha l ed
payab • on
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registration books; provided, however, that failure to give
such not1ce by mailing, or any defect therein, shall not
affect the validity of any proceeding for the redemption of
any Series 1988A Note or portion thereof with respect to
which no such failure has occurred. Any notice mailed as
provided above shall be conclusively presumed to have been
given, whether or not the Registered Owner actually receives
the notice. Notwlthstandinq any provision of the
Subordinate Resolution to the contrary , no written notice of
redemption shall be required to be g1ven to the City as
Registered Owner of any of the Notes. All Series 1988A
Notes so called for redemption shall cease to bear interest
after the specified redemption date prov1ded that funds for
their redemptlon are on deposit at the place of payment at
that ime .
THE SERIES 1988A NOTES ARE ISSUED PURSUANT TO AND IN
FULL COMPLIANCE WITH THE CONSTITUTION AND LAWS OF THE STATE
OF COLORADO , PARTICULARLY THE ACT , AND PURSUANT TO THE
SUBORDINATE RESOLUTION WHICH HAS SEEN DULY AND REGULARLY
ADOPTED BY THE COMM!SSI ONERS OF AUTHORITY . THE SERIES 1988A
NOTES ARE SPECIAL , LIMITED OBLIGATI ONS OF AUTHORITY , SECURED
BY THE SUBORDINATE TRUST ESTATE , AS DESCRIBED HEREIN . THE
SERIES 1988A NOTES DO NOT CONSTITUTE A DEBT OF THE CITY OF
ENGLEWOOD, COLORADO , THE STATE OF COLORADO OR ANY POLITICAL
SUBDIVISION THEREOF, AND NEITHER THE CITY , THE STATE NOR ANY
OF THE POLITICAL SUBDI I SI O S THERE OF IS L ABLE THEREFOR .
NEITHER THE COMMISSI ONERS OF THE AUTHORITY NOR ANY PERSONS
EXECUTING THIS SERIES 1988A OTE SHALL BE PERS ONALLY LIABLE
FOR THIS SERIES 1988A OTE .
to
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h1s o e s ha ll
th S b o rd1nate
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the Subordinate Resolution. Any such consent or waiver by
the Registered owners of two-thirds (2/3) of the Notes shall
be conclusive and bindinq upon such Registered OWner and
upon all future Registered OWners of this Note and of any
Note issued in replacement hereof whether or not notation of
such consent or waiver is aade upon this Note. The
Subordinate Resolution also contains provisions permitting
the Trustee to waive certain past defaults under the
Subordinate Resolution and their consequences.
This Note shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under
the Subordinate Resolution until the certificate of
authentication hereon shall have been signed on behalf of
the Trustee .
It is hereby certified, recited and declared that all
acta , conditions and things required to exist , happen and be
performed precedent to and in the execut1on and delivery of
the Subord1nate Resolut1on and the 1aauance of th1s Note do
exist, have happened and have been performed in due time,
fora and manner as required by law .
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IN WITNESS WHEREOF, the Englewood Urban Renewal
Authority has caused this Note to be executed in its name by
the facsimile or manual signature of ita Chairman and ita
corporate seal to be hereunto impressed or imprinted hereon
and attested by the facsimile or manual aiqnature of ita
Secretary, all as of the date set forth below.
Attest:
By=---------=-~~--~ Secretary of the Board
of Commissioners
lAUTHOillTY' S SEAL 1
ENGLEWOOD URBAN RENEWAL
AUTHORITY
By
Chairman of the Board of
Commissioners
TRUSTEE'S CERTIFICATE OF AUTHENTICATION
Th a Note is one of the Notes of the issue described in
the within-.. ntioned Subordinate Reaolut1on of Trust .
By --~----~~~------------Authorlzed Officer
Dated :
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(FORM FOR TRANSFER)
FOR VALUE RECEIVED, , the undersiqned,
hereby sells , assiqns and transfers unto (Tax
Identification or Social Security No. ) (Please
Print or Type Name and Address of Transferee) the within
note and all riqhts thereunder, and hereby irrevocably
constitutes and appoints attorney to transfer
the within note on the books kept for reqistration thereof,
with full power of substitution in the premises.
Dated:
Siqnature Guaranteed:
NOTICE : Siqnature(s) must
be quaranteed by a member
f1rm of the New York Stock
Exchanqe or a commerc1al
bank or trust co pany .
NOTICE : The siqnature to this
assiqnment must correspond
with the name as it appears
upon the face of the within
note in every particular,
without alteration or
enlarqement or any chanqe
whatever.
TRANSFER FEES MAY BE REQUIRED
(END OF FORM OF SERIES l988A NOTE)
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EXHIBIT 8
ADDITIONAL EURA PROJECT FUll) REQUIREMENTS
ITEM
1) little Dry Creek Construction -Downtown
2) Old King Sooper's Site Oevelop~ent 1nd FinAncing Costs
3) West Girird Intersection Realig~nt
TOTAL
MOUNT
s 315,000 .
s 385,000.
s 88,000 .
s 788 ,000 .
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Commissioner moved that the Resolution be
passed and adopted. The question being upon the passage and
adoption of the Resolution, the roll was called with the
following result:
Those Voting Yea :
Those Voting No:
Those Absent:
Thereupon the Chain~an of the Board of Collmiaaioners
declared said .otion carried and the Resolution duly passed
and adopted .
After the consideration of other business unrelated to the
Resolution, on .otion duly made, seconded and adopted, the
meeting thereupon adjourned .
{SEAL}
Atteat :
By Board ol
ENGLEWOOD URBAN RENEWAL
AUTHORITY
By
Chai naan of the Board of
Co.aiaa1onera
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STATE OF COLORADO
COUNTY OF ARAPAHOE
CITY OF ENGLEWOOD
ss.
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The undersigned, as the duly qualified and actinq
Secretary of the Board of Commissioners of the Enqlewood
Urban Renewal Authori~y. do hereby certify that the foreqoinq
pages numbered l to 51, inclusive, includinq Exhibits A
and B, are a true, perfect and complete copy of the record of
proceedings, insofar as such proceedings relate to the
Resolution contained therein, of the Board of Commissioners
of the Englewood Urban Renewal Authority, had and taken at a
lawful reqular meeting of the Board of Commissioners held in
the Englewood City Council Chambers, Englewood City Hall,
3400 South Elati , Enqlewood, Colorado, on Wednesday, March 2,
1988, commencinq at the hour of 6:00p .m., as recorded in the
reqular official book of the proceedinqa of the Board of
Commissioners kept in my office, said proceedinqa were duly
had and taken as therein shown, the meetinq therein shown was
duly held, and the persona there1n named were present at said
meetinq as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the Enqlewood Urban Renewal Authority
th1s 2nd day of March 1988 .
(SEAL} ENGLEWOOD URBAN RENEWAL
AUTHORITY
By
Secretary of the Board of
eo-isaionera
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C 0 U N C I L C 0 M " U N I C A T I 0 N
DATE
Much 3, 1988
lottery Funds f~
StaJECT Arapahoe County for
Construction of Belleview Park Bridge
1 NIT I A TED BY __ P_a_rt_s_lftd __ Rec_re_a_t_ion_Depa __ rU~R __ t __________ _
ACT I ON PROPOSED, ___ App_ro_va_l_of_AI_,...... __ t_w_tt_h_A_r_ap_ahoe __ coun __ ty_ac_c_ep_t_i_ftCJ __
S19,000 in lottery Funds
Each year, Arapahoe Co.Rty all..s local cities, districts and ~11 to.ns to apply
for part of t COURty's 5hare of Lotter, F.-ds.
In t Fall of 1•7, ,..._steel f.-dt .. for th,.. projects, OM betRg a SJS ,OOO
r quest a for peclestrt llrtdle across Itt 0, C 1t iRg t pa s lttr
on t st bank to rest,... factltties • £ast stele.
t st
l
ORD~E NO.
SEJUES <F 1988--
A BilL Fa{
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AN ORDINAOCE AP~ AN N:;RE(l.ml' DE'l\tiEm '11IE BOMD CF auriY CXHUSSICIUS
OF THE al.Nl"i CF ARAPN«E, STATE CF <XLCIWX>, HC> '11IE CITY CF EI«Jl...!J«XX CDf-
CERNIKi '11IE USE CF I.Ol"l'mY tu«lS Fat CXHmU:'l'lefi CF A PfiE'l'RINI/IWI>ICAPPm
NX:ESS llRIDGE 1\CCJlOSS BIG mY CREEK IN 8EILE.'VIDf PMit.
tiiEREAS, pursuant to Sectioo 29-21-101 Colorillk> Aeviaed Statutes,
Arapahoe County and the City of tnjlewood are eligible to receive ConserVation
Trust Funds fran the Division of Local Go\lei'J'IIIer'lt of the Colorillk> ~t
of Local Affairs; and
\IHEJ'-FAS, pursuant to statute, the County lMY oontrac:t with the City of
Englewood to share IID\ies held by the County for Conaervation Trust FUnd
purposes; and
lllmFA'i, Englewood has awlied to the ecurt;y ~ti.nq fundll foe the
cons ruction of a pedestrian/Mldicapped acceu bridiJe -=rou Little Dry Creek
1.n the City's Belleview Park, and the COunty hM ~this recptSt;
, 'nifJ(f!IQ(£, BE IT c:RlAIHf!D BY 'DIE CITY c:xu«::L CF 'l1IE CITY CF
IMOW~D, CXX£IUIDO, ~:
~cnnona.d to a ~ ~
C.lty Ooune.U lniS City of
ln 7 dli of
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I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado,
hereby certify the aballe is a true copy of a Bill for an OrdinanCe,
introcilced, read in full, and passed oo first reading oo the day of
---· 1988. --
Patric1a H. &0111
)
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A G R E E M E N T
THIS AGREEMENT is entered into by and between the BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF
COLORADO (the •county•) and the CITY OF ENGLEWOOD (•Englewood•).
WHEREAS, pursuant to Section 29-21-101, C.R.S. 1973, as
amended, the County and •Englewood• are eligible entities which
are entitled to receive Conservation Trust Funds froa the
Division of Local Governaent of the Colorado Depart .. nt of Local
Affairs; and
WHEREAS, the County, pursuant to statute, aay contract
with •Englewood• to share aonies held by the County for
Conservation Trust Fund purposes; and
WHEREAS, •Englewood• did subait an application to the
County requesting funds for the construction of a pedestrian
bridge at Belleview Park (Project CTFI7-11); and
WHEREAS, after a he.aring on said application, the
County approved the reco ... ndation of its Con .. rvation Trust Fund
co .. ittee for this project.
NOW, THEREFORE, IT IS AGREED as follow.:
$19,000.
1. The County shall pay to •Englewood• the sua o
2. Englewood shall expend these funds only as
peraitted for Con .. rvation Tl"WWt Fund purpoMs as .. forth in
s ction 29-21-101, C .R.S. as a .. nded, which include acquisition,
d v lop.ent, or aaintenanc of conservation sites or tor
capi al iaprov .. nts or aaint nanc for r~rsa ion purpo s on
ny public si for Proj ct CTFI7-11 .
r ords,
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report shall include photographs or slides shoving the
improvements installed as part of CTF87-18. Additionally, when
available, a copy of the annual audit of Englewood for 1988
shall be sub•itted to the County.
ATTEST: Marjorie Page
Clerk of the Board
CITY OF ENGLEWOOD
Title
Date
BOARD OF COUNTY COIIMISSIONBRS,
COUNTY OP ARAPAHO!, STAT! OF
COLORADO
Chairman
Date
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C 0 U N C I L
DATE
February 29, 1988
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT Use of Recreation
Center for After Pro.
Party on May 14, 1988
ks and Recreation Ca..ission
INITIATED BY------------------------
ACTION PROPOSED ____ Ap_p_r_ov_a_l_o_f_P_a_r_ks __ a_nd __ R_ec_r_e_at_i_o_n_c_~ __ i_s_si_o_n_'s ______ _
rec~ndation that Englewood High School be allowed to use the Englewood
Recreation Center, excluding the pool facility, for the After Pro. Party on
May 14, 1988 .
For the last three years, the City has all~ use of the Recreation Center ,
excluding the pool, for the Englewood High School After Pro. Party .
Council has received a letter fro. Gary Price , Principal of Englewood Hi gh
School , on behalf of the High School Parent Advisory Te• requesting use of
the Re creat i on Center for the After Pro. Party fro. 11 :00 p.•. May 14 , 1988
un til 5:00 •·•· Sunday, May 15 .
Par nt s and hi gh school s taff wi ll su,erv ise t act i vi ty and the district
will assi st by provid i ng po li ce superv isi on both i ndoor s and outd oo r s.
FIIWICIAL
S nc th Cent r is clo td to t public during
no dlsrup on to xt ttng progr o rat on,
lly r n or S200/ r . for uch n v nt .
requ 5t, t s
C n r uld nor
rs on duty and th r total c In d salary
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r ........... Til .. 41t~ ~h•t City Council •pprove tho u•e of tho Engl ..... Recre•tion Center for the
Englewood High School After Pro. Party as requested by the Englewood High
School Parent Advisory Tea. and recu..ended by the Parks and Recreation Co.tssion .
I . •
• Englewood Schools
Mtyor tnd Members of City Council
City of Englewood
3400 South Eltti
Englewood , CO 80110
Dear Mtyor tnd Council Me.bers:
•
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Jtnutry 20 , 1988
. :llJdrn ~~a UJ --
>L •• ""· ~ \"t, \..t
On behalf of the Englewood High School Perent Advisory Teem, I would 1sk
to tgtfn use the Englewood Recreetfon Center for the E.H.S. After Pro.
Activity on Stturdty, Mey 14, 1988, fro. 11:00 p.•. until 5:00 •·•· on Sundty,
Mty 15, 1988. Your cooperetion over the pest three yeers in helpfng
1c1li 1 e this endeevor hes been not only strongly supportive but nothing short of fentestic.
As in the pest, we would like to htve tccess to the whole fecility with
t exception of the swi .. ing pool tree. The E.H.S. Advisory Te will egein
utfliz~ 1 •c.sino Night• ectivfty. Perents end high school steff will
su rvise the ectfvfty end the district will essist by providing police
supervision both in end 0t~tcloo". We recognize the efter pro. ecttvfty u •
pesithe elternethe for Otlr students instud of being scettered to the four
poin s of the ca.pess end possibly btco.ing involved tn sttuetions with less structure end supervision.
c
Needless to sey, E"91fWOOd Schools end Englewood High School ere fn your bt.
Thtn s for your consfdere ~n.
P/b
"
..
Stnc rely,
~~ E.H.S . Advfs
Glr l. Pr c
Princip1l
£"9l Ht Sc ool
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SlllJECT
March 7, 1988 Golf Course Concession Contract
INITIATED BY ____ Pa_r_k_s_a_nd __ R_e_c_re_a_t_io_n __ De_p_a_r_t~ __ n_t ______________________ ___
ACTION PROPOSED·------~-p_r_o_ve __ t_he __ ~_l_f __ c_ou_r_s_e_c_o_n_ce_s_s_io_n __ Le_a_s_e_a_nd __ ~ __ r_e_~ __ n_t ___
IACIUiacJtJI)
The present concessionaire, Mur -J .. s Corporation, was selected two years ago through
wr itten proposals and a City ca..lttee Interview to run restaurant, bar and gr ill
operation at the Engl~ Municipal ~lf Course. The present contractor has per -
fo~ satisfactorily and .ast co.plaints of service or operations ~re correct d
upon first notice .
The n contract differs f~ the first tn that It defines specific hours of opera -
tion, Is basically a five -year contract with options for three -year renewals , chan g-
es th tenas for rent due the City, clarifies janitorial responsibilities and
r sponslbtltty for equtp~ent repairs .
Hours of operation fr011 Aprtl 1 through Sept ... r 30 are 7:00 a .•. to 10 :00 p .. ;
and hours f~ October 1 through Mai"Ch 31 are 9 :00 a .•. to 5:00 P ·•· During bad
w ath r ""en the course is closed, hours of operation NY vary wtth approval of th
Golf Course Manager .
T contr act al so r qutr s t C ty to prov
c ss o rat on nd provid s or jo nt f
T i cal y ar for t na o l st con r ct
sr.ooo
tv
s curity or co •
rn o.
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requested a plan to establish a base a.ount and additional percentage based on gross
over the base amount. This plan is the ten. for rent in the attached agre~nt .
RECOIItOIIATIOII
That City Council approve the concession lease and agree.ent between the City of
Englewood and Mur-Ja.s Corporation as per ter.s and condtttons of the attached agree.ent effective May 1, 1988.
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lEASE AND AGREEMENT
THIS lEASE AND AGREEMENT, hereinafter called "lease•, •ade and entered
into this lst day of May, 1988, by and between the CITY OF ENGLEWOOD, 1
Colorado Municipal Corporation, hereinafter referred to as "City•, and
MUR -JAMS CORPORATION, a Colorado Corporation, hereinafter referred to as
"Concessionaire";
WITNESSETH:
WHEREAS, the City owns that certain real property which is known as the
Engl ewood Munic i pal Golf Course, hereinafter called "Golf Course•, and located
in the City of Sheridan; and
WHEREAS , the City and the Concessionaire desire to enter Into a lease
Agree.ent to replace and supercede that certain lease which Is due to exp i re
on May 1 , 1988 ;
NOW THEREFORE , for and i n considerat i on of the .utual covenants
her ein after appear i ng and of the pay.ent of the .an t e s here i nafter se t f orth ,
t h part i e s hereto agree as follows :
S ctlon l . Gr ant .
Th C ty her by leases to Cone ssion a lre th portion of Its golf club house
pr n l used as Its restaurant conct slon, tog th r th th t~rov nts
r on, located at 2101 W st Oxford Av nu , Sh rldan, Colorado, tog th r with
th old club hous located approxl t ely 500 yards W st on th Golf Cours ,
n th pr s ca.pr s ng t h Golf Cours (h r naf r called "Pr s s")
0 of 1 at n v nd ng
or o dr n s, nd Con
t o u
slonal h r by 1
. l .
n th purv yan e o
t City
I .
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the Premises and improvements therein . To the extent that the same may be
authorized by the Colorado liquor Code (C.R .S. Section 12-47-101, et seq.) and
permitted by the class of liquor license which Concessionaire has secured fro.
the state and local licensing authorities pursuant to Section 18 below, the
City hereby grants to Concessionaire the right of possession of the Golf
Course for the purpose of serving food and/or beverages, including alcoholic
beverages, for consu.ption on the Golf Course. However, nothing in this lease
shall be construed to authorize that which is prohibited under state or local
law, ordinance, code or regulation .
Section 2. Description of Pr .. ises.
The Pr .. ises as referred to herein is defined to be the food service portion
of the land and illprov .. nts which ts owned by the City of Englewood, Colorado
and known as the Englewood Nunicipal Golf Course except for that land at the
Southwest corner of the property under lease to another party for operation of
a •iniature golf course, and that land at the Southeast corner of the property
designated for future use as ball playing fields . Nothing herein gives
Concessionaire any right to tnterfe~wtth or participate In the operation of
the Golf Course, Pro Shop and all other operations .
S t on 3 . Initial Ttr. of re._nt.
Ct by grants to Concessionaire th right to hold th leased Pr•fses
pur to t t r. of t 1s leas for n n ttal ter. of four y ars nd I
1. 1911, t date of t s leas ( retnafter called
ng on r ll, 1992, unl sst ter. oft
l as tna t r prov d
to
. l •
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Agreement for additional terms of three (3) years, on the same terms and
conditions as are set forth in this lease. If Concessionaire desires to
exercise the option to extend this lease for such additional ten.s, It shall
notify City In writing as required herein no later than 60 days prior to
expiration of the Initial lease ten.. If the Concessionaire falls on a tl~ly
manner to notify City of Concessionaire's exercise of the option to extend the
lease for the additional ten., this Lease shall ten.tnate and be of no force
and effect upon the expiration of the "Initial lease ten.•.
Section 5. Use of the Pr .. ises.
The Leased Pr .. tses shall be used by Concessionaire for the purveying of
alcoholic beverages as the sa~ aay be authorized by and regulated under the
Colorado liquor Code, C.R.S. Section 12 ·47 -1 01, et seq., and for the operation
of a restaurant . Concessionaire shall operate the Leased Pr .. tses In a
careful, safe, quiet, orderly and business -like aanner . Concessionaire shall
not use or pen.tt the pr .. lses to be used for any purpose that Is prohibited
under the laws of the United States, statutes of the State of Colorado, or
ordinances, regulations or codes of the City of £ngl
Sheridan. Concessionaire shall co.ply with the requl
and the City of
ts of all laws ,
ordinances and regulations that apply to t use of t l ased Pre.lses for
th operation of a restaurant and th purveying of ale lie btv ratts .
City h r by gran s to Concess onafrt t clust r t t u l u
Pr to o rate a r st urant and to purv y alco s . City also
t will
r t urant or f 11 ty that d ns s l 1
• c y ra nd r I •
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premises that dispenses food, snacks or beverages without the express approval
of Concessionaire.
Section 7. Hours of Operation.
a) Fro. April 1st through Septe.ber 30th of each year, the Concessionaire
shall operate the restaurant facility seven (7) days per week and during these
months shall be open each day to serve .. als to the public at the hour of 7:00
a.M. and r ... ln open until at least 10:00 p.•.
b) During the .anths of October through March of each year, the
Concessionaire shall operate the restaurant facility seven (7) days per week
and during these .anths shall be open each day to serve .. als to the public at
the hour of 9:00 a.•. and r..ain open until at least 5:00 P·•·
c) The parties hereto understand that the hours of operation of the Golf
Course .. Y vary, depending on the weather. Therefore, It is agreed that on
those days that golf play is not allo.ed, the hours of operation of the
restaurant shall be set at the discretion of the Concessionaire subject to
approval of the Golf Course Man-ver . Nothing herein shall be construed as
prohibiting the Concessionaire fro. being open for other hours in addition to
those stated In paragraphs a and b above .
d) COftCtsstonatre agrees to cooperate with the Golf Pro and Golf Course
Manag r In scheduling golf
and d nt r • ln t
tings and events that lnvolv use of th grtll
r shall
0 r ctor o Par
nt .
ton t t t City In t 0 U,OOO
0 t
uo . ,. d 'I 1l
• • •
r
I •
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that the rent Is past due, until 12:00 •ldnlght on the 14th day past due . If
the rent pa~nt Is not received by •ldnlght on the 14th day past due, the
Concessionaire shall be in violation of the ter.s of this Agrea.ent, and
subject to ter.ination.
b) In addition to the .onthly rental of $2,000 per 10nth, coa.enclng on
May 1, 1988, the Concessionaire shall pay an 110unt equal to lOS of all gross
sales in excess of $240,000 per calendar year, payable on or before February
1st of each year. Gross sales shall Include any revenue derived fro. catering
services originating fro. the restaurant, on and after May 1, 1988.
c) For purposes of this lease only, the following shall be excluded fro.
gross sales: (a) all sales tax which Is both collected by the Concessionaire
and r .. ltted by the Concessionaire to any gove~nt or govern.ental agency;
and (b) the a.ount of any refund or credit actually -.de or given by
Concessionaire for a sale, the 110unt of which sale had been Included by
Concessionaire In Concessionaire's gross sales. For purposes of this lease,
and except as provided above , •gross sales• shall .. an (a) the gross a.ount
received by concessionaire fro. all sales -.de on the leased P~lses,
Including sales -.de fro. vending -.chines owned, leased or operated by
Concessionaire; and (b) all charges rendered by Concessionaire for services,
on the leased P~ ses, lncudlng services perforlted on or wtthln the Golf
Cours ; and (c) th gross a.ount r celvtd by Concesstonair fro. any other
Al
nc f t bus I u cond ttd on t l s Prell s .
wit lh rctnt
hall s
tlons.
Conctss onatre s all nd to City a
orth t gross sales for th y ar and t
IIY 1 t fro..
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Section 9. Utilities.
City shill provide ill utility costs for operition with the exception of
restiurint telephone.
Section 10. Jinitoriil Service ind Trish Ra.oval.
Concessioniire agrees to pay to the City one-half (1/Z) of the cost of trash
ra.ovil ind jinitorlal service within 15 days of billing fro. the City.
Section 11. Parking Facilities.
a) The existing parking facility adjacent to the Restaurant concession
(hereinifter called •parking facility•) shall be open for use by
Concessionaire and its custo.ers; such right of use of the said parking
ficilities shall be 1 non -e xclusive right . City shall aark three parking
spaces of the parking facility to Indicate that they are reserved for use by
ConcessI on a Ire.
b) City shall at Its own expense .. tntain the parking facility, which
shall include snow ~val when necessary .
Section 12. Si ns .
The City and the Concessionaire shall share ~ally In the cost of
Installation of 1 sign or signs at 1 location(s) and cont ain ng language that
Is .utually agreeable . The City shall thereafter ass t obligation to
lntafn said sign(s) in good condition and PlY all cos of ny tnt nanc •
City agre s to provid space, fixtures, equiP~tnt and urnt u for an
tch n, bar, loung ar a , grtll, n c bar nd t
roo. • Cone sslonatr gr s no to -ov •• sting p r Itt
nd lou without perwt slon o
ton .
pl nt r
r o ' r I .
•
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Section 14. Additional Facilities and Equipment.
Concessionaire shall have the right to install additional facilities and
equiPMent with the consent of the Director of Parks and Recreation. Cost for
sa~ shall be negotiable between the parties.
Section 15. Maintenance, Repair, and Replace.ent.
a) The City shall be responsible for the cost of .. intenance, repairs and
replace.ent of the stove and oven, deep fat fryer, sinks, cabinets, dishwasher
freezer, walk -in cooler, bar refrigeration, and snack bar cooler unless such
cost is due to negligence or other acts by Concessionaire or e.ployees of
Concessionaire .
b) The Concessionaire shall be responsible for repairs and/or replac ... nt
of light bulbs, furniture, s .. ll appliances, dishware and other •iscellaneous
equlpient provided that the City provides the security .. asures as set forth
in Section 16 of this Lease .
Section 16 . Security.
City is to provide to Concessionaire expandable security doors to the entrance
fra-the .. in hallway of the club house into the restaurant concession, to be
placed i n closed po si tion and locked by Conce ss iona i re at any t t .. that the
r es t aur an t co nce ssi on is not i n use by Concessi ona i r e. Co nc essi ona i r e wi l l
th n responsible for th obta i ning of the f t Insu ra nce co vering all food,
or, nd oth r suppll s nd person 1 pro r t y o Concession tr , In an
nt nd w lh a c ny ppro ved by th D rector of Par s and R rea ton o
th City . Such policies sh all conta n no rig t of subrog at on aga inst City .
r tt
• 7 •
lo su h qu al!
l1 r Cl'll all
IS 'I
l t I •
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be clean, polite, and courteous in their transactions with the public.
Concessionaire shall give personal supervision and direction to the operation
of the concession and, when absent, keep ca.petent personnel 1n charge. City
shall not be responsible for the wages or salaries of any e.ployee or
representative of Concessionaire, nor for any debts, 11ab111t1es or other
o~ligations of Concessionaire.
Section 18. licenses and Per.1ts.
a) Concessionaire shall at its own expense secure any and all licenses
and per.its that ••Y be necessary to authorize Concessionaire to operate a
restaurant to sell or otherwise dispense alcoholic beverages of any kind for
consUIIPt ton on the leased Pre~~1ses and Golf Course.
b) Concessionaire shall not assign any liquor or beer and wine license to
any other person or entity without the express written per.1ss1on of the City .
Section 19. CO!p11ance with State and City Health Codes.
Concessionaire shall keep all concession areas tn a clean and sanitary
condition at all tt .. s and shall ca.ply with all state and city health laws
relating to the dispensing of food and beverages .
~ton ZO . Ass1 ni
Con ces 1onalre shall hav no right , authority or r to sell , .artgage or
s tgn h contr e or to all cone s ons , or any p rt t reo , to be used
or n o pr t con t o
Cit y . Ctt 1ts cons
t 0
11 I
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compliance with applicable City ordinances. Said bond shall be furnished as
of the date of execution of this contract.
Section 22. Insurance .
Concessionaire shall at Concessionaire's own expense keep in full force and
effect during the ten. of this lease statutory Wor~n's Co.pensation
coverage, as well as other insurance as follows:
a) Co.prehensive General liability Insurance, n .. ing the City as an
additional na.ed insured.
b) liquor legal liability Insurance, setting out $500,000 for Injury or
death of any one person; $1 ,000,000 for injuries or death occurring as a
result of any one accident; $50 ,000 for property d ... ge; and $500,000 for
products liability.
A certificate evidencing said Insurance policy shall be kept on file with
the City Clerk of City and shall have a provision that the , ... shall not be
altered, ... nded, or cancelled without ftrst gtvlng written nottftcatlon
thereof to the City thirty days prior thereto. Concessionaire further """'
to lnOe.nlfy City for any cl a i .. brought against City because or on account of
Concessionaire's operation.
c) rire and Extended cov r Insurance shall provtdtd by City on th
club house butldtng, and ext~ buildings t luded tn Pr tses , ly .
Con sl ont f halt be olet responstblt
c I 0
to PI
. ' .
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Section 23. Fire or Natural Disasters.
In the event fire or natural disaster renders the club house and its
concession facilities inoperable, the Concessionaire shall be released fro.
the terms of compensation to be paid the City until such ti.e as the club
house and its concession facilities are declared open and operable by the
City. If in the event such concession facilities are not open and operable
within a period of thirty days fro. the ti.a of such disaster, Concessionaire
has the right to ten.tnate Its contract and Lease with the City upon gtvtng
City written notice thereof no later than thirty days In advance of the
effective date of ten.tnatton.
Section 24 . Tenant Records.
Concessionaire shall .aintatn ca.plete and accurate books and records of its
business. Such books and records shall show Concessionaire's gross sales. At
all ti .. s that Concessionaire is open for business, Concessionaire shall have
books, records and accounts, Including all sates tax reports that
Concessionaire furnishes to any govern-.nt or govern-.ntal agency available
and open for Inspection upon request of City or City's auditor or authorized
represenhttve.
S ct on 25. Ten.tnation of Lease.
a) Th Cfty .ay ten.inate thts Lease upon thirty (30) dtys wr itten notice
du to br ach or vlolttton of any ter. , cov nants or condt tons of this Lease
by Cone sslonatr .
b) Cone sstonaire .ay ter.lnate this leas prior to xptratlon w thout
p n lty up n sixty (60) days wrttt n notlc to th City by r 1st red tl.
c) Th partt agr that ltgitf.at COIPlalnt cone rnlft9 uns tis actory
at on or
pro d th
rvlee hall sufflci nt
th City inds, aft r tnv
• JO •
on or t
eatton,
inatlon o th s l as
th rv c or
I •
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operation is not satisfactory to the City and the complaints are justified.
The City shall pro.ptly notify the Concessionaire of all legitiaate co.plaints
and give reasonable ti~ for the Concessionaire to re.edy the situation .
Section 26. Delivery and Re.oval upon Ter.ination.
Concessionaire will deliver the pre.ises at the ter.ination of this lease in
as good condition and state of repair as when received, except for ordinary
wear and tear or loss or daaage caused by an act of God . Upon ter.ination,
Concessionaire shall have the right to re.ove any supplies or personal
property belonging to or installed by the operator, subject, however, to any
valid lien or cla i • which City aay have for unpaid fees . Provided also that
i f said re.ova l causes any d ... ge to the pre.ises, said Concessionaire will
repa i r the s ~ i n a proper and satisfactory aanner at its own expense .
IN WITNESS WHEREOf, the parties hereto have hereunto set their hands and
se als as of the 1s t day of May, 1111 .
CITY Of EIC LOIOOO
a Mun ici pa l Corporat i on
• 11 •
U -JMS COIPOUTIOI
Conceutona t re
I • •
C 0 U N C I L
DATE
March 1, 1988
•
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT PIF Six -Quarter
Budget Jan., 1988
through June, 1989
INITIATED BY ___ c_i_;ty_M_an_a_;g_e_r _________________ _
ACTION PROPOSED. ____ A_d_op_t_i_on_o_f_S_i_x_-Q_u_a_r_te_r_Bu_d_g_e_t_f_o_r_t_h_e_p_e_r_ioo ___ ___
January, 1988 through June, 1989
lACK &ROUND
The Public Iaprove.ent Fund (PIF) Six-Quarter Budget process wa s adopted in
the Summer of 1973. The essence of the Six-Quarter budget is that the City
has a continuing budget which extends one -and -one-half years into the future .
Every quarter, the City Council reviews and analyzes this budget, and if proj -
ects are delayed due to unavoidable circu.stances, they are dropped back in
this budget, while projects ready to go are .aved forward and ca.pleted ahead
o schedule, or a n or e.ergency project could be added.
Dl SCUS,2!!!
Ou to severe project reductions and ncreases in previously -reduced r v nues,
part cularly Use Tax r v nues and the salt of th house at 3071 South Elat l,
as of De c r 31, 1987 lh rt was $164,419 available n t Publ ic I rov n
f und , $64 ,419 for y ar ·end pro j ct adjus nts and 1100 ,000 for proj
app r opr a tons .
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Soopers site. This additional work resulted in a deficit of $67,745 . Monies
from the funds available should be appropriated to cover this deficit.
House Moving Program is also an on-going project frOM 1984. $52,394 was
received in the fourth quarter of 1987 fro. the sale of this house. During
the final closing on the sale of the house, several •lscellaneous bills had to
be paid, Including the final electric bill and plu.btng repairs. Montes fra.
the funds available should be appropriated to cover the deficit of $271. No
additional expenses are anticipated for this account.
$35,000 had been appropriated in 1987 to cover prelt•tnary surveying and
design on Paving District 133. Because of the size of the proposed District,
including several streets of totally new construction (as opposed to
reconstruction), expenditures exceeded appropriations by $1,803. Engineering
and surveying costs are not assessable to the property owners and are the
City's responsibility. Montes fro. the funds available should be appropriated
to cover this deficit .
Paving District 133 was postponed In order to reallocate the funds to other
projects. $300 ,000 of the $475,000 will go to the Englewood Urban Renewal
Authority for ca.pletton of the Flood l~rova.ents and Redevelo~nt project.
$175 ,000 remains in Paving District 133 for future street •atntenance and
sto~ sewer projects.
$125,000 In Little Dry Creek/Dart.outh Is delayed until the second quarter,
since progress on design by the Colorado Depart.ent of Highways has been
slower than expected. The other $15 ,000 re.~ins In the first quarter and
should be shown In the general little Dry Creek account to be used for
salaries of ta.porary surveyors and equtp~ent rental for the final phase of
th Little Dry Creek Downtown l~rov nts construction.
$4 0,000 for the Ptssenger Bus, co.lng fro. the lottery Fund, Is delayed until
the second qu&rter .
By previous r solution, SZS,OOO Is d 1 ted froa the Natur Center In th
fourth quart r and appropr ted to th South Platte Rlver /Gr 1y Trail In
th f r st quart r . h s nles c froa th Lottery Fund .
In th ond I•·
s t o t Eng l
ltll
0 t rtc
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$15,000 is appropriated in the second quarter for principal and interest pay -
ments on bonds used to help purchase land adjacent to Cushing Park .
OTHER
Separate fro. the changes to the Public I~rove.ent Fund, City Council has
also agreed to changes in other Fund Balances. $50,000 fro. Central Services,
$100,000 fro. the Servicenter and $140,000 fro. the Golf Course are deducted
from these fund balances and are reappropriated to the Englewood Urban Renewal Authority. These total $290,000 .
StiiWtY
As of Dece.ber 31, 1987 funds available were $164 ,419. Use Tax revenues for
January, 1988 were below budget by $31,382. Revenues versus project ap -
propriations will have to continue to be ~nitored carefully to prevent a
year-end deficit. Use Tax collections should i~rove in the next several ~nths as construction on Englewood Marketplace gets underway; and construc-tion on Little Dry Creek is co.pleted.
Based on received and budgeted revenues and proposed expenditures, the fund
balance at the end of 1988 is estia.ttd to be ($24,563.40). Contributions to
the Englewood Urban Renewal Authority total $778,000 in the first quarter
1988, $488,000 fro. the PIF and $290,000 fro. other City Funds .
R£COIIDDATJM
That City Council approve Resolution No .
Fund adopting the Stx -Ouarter Budget for June, 1989 .
... nding the Public I~rov ... nt
e pertod January, 1918, through
I . •
RESOLUTION NO. ~
Series of 1988
•
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A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood, Color1do, desires to mtke cert1in ch1nges to the Public l~rove.ent Fund;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colortdo, 1s follows:
Sect ion 1.
The following esti.ated revenues 1nd 1ppropri1tions of funds 1re
hereby .ade in the Public I~rove.ent Fund 1nd the Golf Course Fund :
Source of Funds
Golf Course Fund B1l1nce
Af~lic1tton of Funds
P -EURA Projects
Section 2.
$140 ,000
$140 ,000
The following esti.ated revenues 1nd 1ppropr i 1t i on s of fund s Ire
hereby .. de in the Public I~rov ... nt Fund 1nd the S.rv l center Fund :
Sl OO,OOO
Sl OO,OOO
Section 3.
owing estl.ated revenues tnd 1pproprta ton o fund
de tn th Public l~rov nt Fund lnd t C n ral
Fund 8thnc s so,ooo
s so.ooo
I .
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ATTES T:
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Section 4 .
The following estimated revenues and appropriations of funds are
hereby made in the Public lmprove.ent Fund:
Source of Funds
Public IMProvement Fund Balance/EURA Proj. $100,000
Public lmprove.ent Fund Balance/1st Qtr Adj. 64,419
$164,419
ApR}ication of Funds
EU Projects
EURA Projects
EURA Projects
Paving District 133
Traffic l~rove.ents
Paving District 133
House Moving Project
Road l Bridge
Ha.pden/Median landscape
little Dry Creek
little Dry Creek -Dart.auth
Section 5.
$100,000
300,000
88,000
(300,000)
(5,400)
1,803
271
67,745
(88,000)
15,000
ill,OOO)
SH4,'4IJ
The Ci ty Manag er and Director of Finance are hereby authorized to
.. ke the above changes to the 1988 Publi c l~rov ... nt Fund of th e City of Englewood .
Adopted and approved thi s 7th day of March, 1988 .
I, Patrie 1 H. Cr , City Clerk of th Ctty of £ng1 ,
do h r by c r I y th t th bov and for ofng is a tru • eur t
c 1 te copy of R olut on . ______ , Strtes o 1
I . .
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TO: Mayor Van Dyke and Me.bers of City Council
FROM: Andy McCown, City Manager
DATE: February 11, 1988
SUBJECT: Replac ... nt of 19 -passenger Bus
Mayor Pro T .. Clayton has requested that the proposed purchase of 1 new
26 -passenger bus to replace to current 19-passenger bus be reviewed by Council
before the purchase h udt. The new bus is currently budgeted tn the Public l~rov ... nt Fund Six -quarter budget tn the .-ount of S40,000 with the ~nles co.lng fro. the lottery funds .
Atta ched I s a report fro. the Parks and Recreation staff outlining the needs
fo r a new bus and progra.s for ~tch the v~tcle Is utilized. I will have the
Park s and Recreation staff available at the Study Session for further disc us s ion on this topic .
If Counc il ts desirou s of not purchast119 the bus, perflaps It -..ld be
appropr i ate to Send this It• t».ck to the 'Irks and Recreation C-1SSIOfl for
the i r review and c-..ts before tlkl119 uy ftnal acttOfl.
a ~ ~/trt-Md y _C __
City Mall r
jh
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TO: Leon ltulm , Director Parka aod lee
FlaM: Jarrall Black, lec:raation SuperviHr
LuAima Kickal-. Saaior Ceatar SuparviHr
DATE: February 11, 1918
SUIJICT: lequaat for a Ia¥ 26 Paaaanaar lua
1be praant 19 paaaanaar bua 1a 14 yaara old. It vaa DOt purchaaect uadar
the currat CDr proar... Therefore, vbaa the vehicle bee-• illOparativa.
fUDda vill DOt be available for a raplac-t vehicle. Durilla 1917.
continual .achallical probl ... vera axpariaacad with tbia vehicle raaultilla
in on-aoilla .. illtaoaoca aod repair, atraadiac of proar .. participant•, &Del
llllNfa drivilla cODditiou. 'l'ba 19 pue-..r bua vaa ori&iDally purchaaad
for the City'• bua route, however, the route vaa aaa~ by lTD in 197S.
The bua ia a 1973 .adal.
The .,toriaad horeacar haa alao beaD uaed. 111Na¥ar, it ia inappropriate
for uaa aa a proar-vehicle clue to ita vicltb 8Dd hADclltaa qualitiaa.
Tba .,toriaad horeacar we &iY&D to the City lly Tba Pint •uoul a..1r.
of llql800cl.
The juatification of a .... for a .., 2 r llua 1a fo14.
1.) It would eolva the aituatiOD iadicat .. Uova, ... 2.) lt lei all
a .,r• coat aff tiva .. Y of provicliaa protr.... fta follow U t
of proar ... which are • ., ..... t on c aa to a ~de. lt
DOted tbat if t ... 1' ,.. ... .,r llua ...,_ativa or
proar-uc uaa, .-p~ r... ulcl .... to lla c Uacl
'
/p
...
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0
.. I
Vohiclu l of crlps Net Additia\1.1 C.. 26 pau. Add .
198 7 Pra&r• Uad or pta&r-......... Elq>or-. bua be 8Ub8t1t • iavt.rc• .........
Voblc Lo
)6 693 .00 u z.oo 87S.OO
32 -o --0-
30 1>0 -
6 $ 300 .00 180 .00 Ye o 90 .00
10 300.00 -o-Teo -o-s aoo .oo
l) U ,&M 00 $1 ,116 .00 .,. 1)1 .00
15 n , .oo Yeo .. ,.
• s:o .oo
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C 0 U N C I L
DAT E
Mar ch 1, 1988
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C 0 M M U N I C A T I 0 N
SUBJECT Property and Liability
Excess Insurance Fund
Finance De t -Margaret Free.an, Acting Director of Finance INITIATED BY -------------------------
ACTION PROPOSED, _______ A_P_Pr_o_v_e_a_Mo_t_i_o_n_t_o_a_d_o_p_t_a_r_es_o_l_ut_l_o_n_e_s_t_ab_l_l_s_hi_n_g __ _
the Property and Liability Excess Insurance Fund
BACKGROUND
On November 2, 1987, City Council authorized approval of the recommendation t o
purchase property and liability Insurance fra. Colorado Intergovernmental Ri s
Sharing Agency (CIRSA) with a $100,000 per event deductible . The reco.menda -
tlon Included the 1~1.-entatlon of a fund as 1 reserve for the pay.ent of
clatas over $1,000 and up to SIOO,OOO .
Th approval wa s .. de on the r co..end at lon of Gary Higbee , th n Director o
n n , based on a study of actual cl a las experlenc and project d Insurance
co5 s. A copy of Mr . Higbee 's reco.aendatlon and Council 's approval are at -t c (Attic nts A and B).
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Given the actual past clai•s experience as a basis for expected clai•s, the
SlOO,OOO deductible was dete~ined to be the .ost cost effective insurance option. (See pages 2 and 3, Attachlent A)
Even with the higher deductible and lo.er allocation contribution, CIRSA will
still provide the sa.e level of service as in the past . The only real dif-
ference in clai•s a~inistratton is that the City will pay all appropriate clai•s up to $100,00 per event.
The 1987 insurance costs with 51,000 deductible .. re 5509,770 and the 1988
costs with 5100,000 deductible are 5116,144 . The CIRSA allocation is 5176,381
and additional pre.iu.s of 59,763 are patd for excess crt .. , botler/.achinery
and a travel policy. If the Ctty had conttftUed coverage at the 51,000 deduct -
ible, total insurance costs for 1988 would have been 5414,6~3 . The 1988 bud -
get for insurance is 5533,887 and 549,~64 would have been the savings for the
actual 51,000 deductible insurance costs. Of the 1111 insurance budGet
$186,144 will be patd for insurance pre.tu.s, S~tl,479 will be transferred to
the Property and liability Excess Insurance Fund and 549,~64 will be returned
to the General Fund Fund Balance (s .. Attac~t C). Savings to the Ctty are :
Original 1988 Budoet $533,887
Actual Costs for Insurance ($100,00 -deductible) 414.6~3
Direct Savings to General Fund S 41 ,264
The Property and liability Excess Insurance Fund (S~tl,479) will be used to
pay clai~ above 51,000 and up to S100,000 and given past experience, a
reserve should be available when needed and that reserve should accrue and reduce future insurance costs.
I£C...,_TI.
Approve a .otton adopting Resolution w..J.j_ estaltl hhtRt t "-rty and ltabtltty Excess Insurance Fund.
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Attachment A
M E M 0 R A N D U M
To : Andy McCown, City M1n1ger
From: G1ry Higbee, Director of Fin1nce
D1te: October 27, 1987
Subject: Property 1nd Lilbility Insurance
Recon~~~endltion
I rec~nd the City of Englewood accept the $100,000 per event deductible
option offered by CIRSA (Colorado Intergovern.ental Risk Insurance agency).
further reca..end the City establish a property and liability self-insurance
fund for the purpose of placing .aney in the fund and paying losses out of the
fund up to the $100 ,000 deductible li•it per event.
Back round
January 1, 1982 the City of Englewood entered into an agrte~ent with CIRSA for
the purposes of insuring property and liability insurance. Since 1982 the
only deductible per event option the City has been afforded has been Sl,OOO
per event. For several years the City of Englewood and several other
MUnicipalities have been requesting fro. CIRSA deductible li•tts other tha n the $1,000 per tv nt .
CIRSA provided to the City 1988 insurance quotations based upon ftv optional
deductible lev ls (lMS, IONS, SOMS, lOONS, 150M$) see attac~nt •A• (1988 Contributions to CIRSA).
Th F nanct Depar nt co.pleted a sixty -seven 10nth study (January 1, 1982
thro July 31 , 1987) of the C ty 's loss expertenc . The study sh th f oll ng:
•• o 120 1n ur cl p
b. plu
c .
d . I .
Andy McCown
October 27 , 1987
Page two
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f . Of the sub -paragraph "b" amount CIRSA and the excess insurance carries
wi ll be liable for paying $773,245 or an average of $138,492 per year.
g . For the past six years the City has paid insurance premiums to CIRSA
total i ng $1 ,484,171 (average $265,882 per year).
h. Lis t ed below are :
1. The past 67 .anths of clai•s experience, aggregated by the different
deductible levels offered to the City by CIRSA for 1988.
2. The average annual expected claims to be paid at the different
deductible levels for the 1988 clai•s year (1988 clai•s experience is
based on annualiz i ng the previous 67 .onths of cla i Ms exper i ence).
Clai•s Experience
(67 .onths)
·" U,M l Leu 204 ,64 3 204 ,643 204 ,64 3 204 ,64 3 204 ,643 Above U,M 0 50 ,000 1oo .ooo 1oo.ooo 4oo.ooo
Total 204 ,643 254 ,643 304 ,64 3 304 ,64 3 60 4 ,643
NUiber of Cla •s 66 3 5 0 z
Av erage An nu al Ex~c t td Chi•s
36,652 36,652 36,6 52 36,652 36,652 8 956 17 1911 _J 7 911 71 642
36,652 45,601 54 ,563 54 ,563 108,294
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Attachment A
( Attachment "Ai
City of Englewood
P l l Deductible Fund
1 ,N lo,N Deductible level so,N loo,N tso,N
1988 Insurance Budget 474,076 474,076 474,076 474,076 474,076
1988 Contrib to CIRSA (474,076) (390,961) (271,333) (205,320) (164,090)
Less 1986 Credit 28.936 28.936 28.936 28.936 28.936
Fund Balance 28,936 112,051
Less
231,679 297,692 338,922
Loss above $1,M Ded. 18.9561 117.9111 p7.9111 P1.6421
Remaining Fund Balance
for Unexpected Clai•s 28,936 103,095 213,768 279,781 267,280
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A~achment A
( J\ t t .J ch me n t "B')
CllY OF ENGLEWOOD
omucn11..1 Ofi'fiONS
600
!00
400
lDO
..... • .. 200 c • • :> • 100 r.
t
...
-~~--~----------~--------~~---------,----------~--~
S 1.CICID t l oo .ooo $1 SO ,OOO
IZZJ CIUOTI IS:sJ DT TOT COST
T[ TOTal. COSt COST aT I IOUH m
·---------
11,000 UH,t ~ I It,} astt,m • "'· ll ·" Hl4, t astt,m 1174,1 • • I • UJI,lU ""·t$1 tt,m um,m•
IIM 1 • ,l ns•. s .,,.,m llnt,l4 I • fl .... .. 4, tnl, 4 tSit,m IIUI,lut
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
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Gary Higbee, Director of Finance
Andy McCown, City Manager
November 3, 1987
Property and Liability Insurance
Attachment B
The city council has authorized approval of the reco .. endation to
purchase property and liability insurance from CIRSA with a
$100,000 per event deductible. The recoaaendation includes the
implementation of a fund as a reserve in the event that we
receive an unusual number of claims over and above the average
nnual claims experienced in the last 67 months.
In January, I would like to have a resolution aaending the 1988
budget by reducing the Finance Dapartaent budqet by $59,02~,
which represents the original aaount included in the 1988 budget
inus the actual contribution to CIRSA and the reserve fund
mentioned above.
AM/jh
cc: Pe er Vargas, Assis ant City M n ger
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Attachment C
Property and Liability Excess -Insurance Fund
$176,381 -Liability, auta.obile, property CIRSA Pre.iu. -$100,000 deductible
1,945 -Excess crt .. Policy
383 -Travel Policy
7,435 -Boiler/Machinery Policy
$186,144 -Total Insurance Pre.iu.s
88 Insurance
Fund Budget
General (budget less 49,264
Savings) s 283,736
Water 60,000
Sewer 20,000
Bi -C ity WTP 90,000
Golf Course 12,000
Servicenter 7,600
CERF 10,000
Central Services 500
Housing Authority 44
EDOA 743
s 484 ,623
Beginning Fund lahnce 1/1 /M
less Esti.ated Clai., over $1 ,000
and up to $100 ,000
Projected 12/31/11 fund Balance
funds available for unexpected cl atas
Balance to
88 Insurance Prop l Uab
Pr•iu. Insurance Fund
s 131,026 s 152,710
13,559 46,441
5,954 14,046
22,azo 67,110
3,694 1,306
2,901 4,699
5,042 4 ,951
361 139
44 0
743 0
s 116,144 s 291,479
s 291,479
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RESOLUTION NO . ~
Series of 1988
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A RESOLUTION ESTABLISHING THE PROPERTY AND LIABILITY EXCESS INSURANCE FUND.
WHEREAS, the City Council of the City of Englewood, Colorado, desires
to fiscally Manage insurance coverage costs as prudently as possible; and
WHEREAS, the City Council of the City of Englewood, Colorado,
approved the 1988 purchase of property and liability insurance fro. Colorado
IntergovernMental Risk Sharing Association (CIRSA) with a $100,000 per event
deductible; and
WHEREAS, the City Council of the City of Englewood, Colorado desires
to establish the Property and liability Excess Insurance Fund for the purpose
of funding paywent for losses up to the $100,000 deductible li•it; and
WHEREAS, the City Council of the City of Englewood, Colorado desires
to provide revenues for the Property and liability Excess Insurance Fund fro.
all City funds budgeted for insurance pre•iu.s;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Englewood, Colorado, as follows:
Section 1
The following change in application of funds, esti.ated revenues and
appropriations of funds is hereby .ade in the Property and liability
Excess Insurance Fund and General Fund:
Source of Funds
General Fund -Pur~hastng Dtvtston
General Fund -Purchasing Dtvtston
Insurance Fund
xc u ln suran und
$152,710
49,264
$152,710
49 ,264
S 4 ,Ul I .
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Section 3
The following esti•Ated revenues And AppropriAtions of funds Are
hereby ~de in the Property And liAbility Excess Insur1nce Fund 1nd
the Sewer Fund:
Source of Funds
Sewer Fund
ApplicAtion of Funds
Property ana liabTTTty Excess Insurance Fund
Section 4
s 14,046
s 14,046
The following change in application of funds is hereby ~de in the
Property and Liability Excess Insurance Fund and the Bi-City WVTP
Fund:
Source of Funds
81 -clty WVTP Fund
Application of Funds
Property ana [tabtltty Excess Insurance Fund
Section 5
s 67,180
$ 67 ,180
o owtng esti~ttd revenues and appropriations of funds are
hereby ~de in the Property and liability Excess Insurance Fund and
the Golf Course Fund:
s 8,306
Insurance Fund $ 8,306
nd
$ 4 ,6
ly s 111 ur Fund s 4 ,
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ATIEST :
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Section 7
The following esti-.ted revenues and appropriations of funds are
hereby made in the Property and Liability Excess Insurance Fund and
the CERF Fund:
Source of Funds
CERF Fund
Application of Funds
Property and Liability Excess Insurance Fund
Section 8
$ 4,958
$ 4 ,958
The following change in application of funds is hereby aade in the
Property and liability Excess Insurance Fund and the Central Service s
Fund:
Source of Funds
Central Services Fund $ 139
Application of Funds
Property ana Liability Excess Insurance Fund $ 139
Section 9
The City Manager and Director of Finance art hereby authorized to
aake the above changes to the 1988 Budget of the City of Englewood .
Adopted and approved thh __ day of --------• 1988 .
City of ngl , olo
nd foregoing s a tru., accurat
r s of 1988 .
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RESOLUTION NO.~
SERIES OF 1988
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1/G-
A RESOLUTION OPPOSING ADOPTION OF SENATE Bill NO. 168 WHICH WOULD ESTABLISH A
PROTEST PROCEDURE F~~SFU~ONTRACTORS WISHING TO CONTEST AWARDS OF
CONTRACTS FOR PUBLI ROTEST (;/~~
WHEREAS, Senate Bill 168 establishes 1 ca.plex process that allows 1
contractor to protest the award of 1 contract fo any municipal project over
$50,000, through written protests and civil action in District Court; and
WHEREAS, Senate Bill 168 does not provide .onetary relief to the
municipality for da.~ges, delays, legal fees or fluctuations in costs for
materials and labor due to the protest procedure; and
WHEREAS, Senate Bill 168 contains vague language that ••kes its provisions unclear; and
WHEREAS, the City of Englewood already provides 1 process of appeal for
contractors through the City Council; and
WHEREAS, the issue of awarding contracts for local civic projects is
not a aatter of statewide concern and should be left to individual jurisdictions; and
WHEREAS, the City Council feels that Senate Bill 168 interferes with
the s~th and efficient co.pletlon of -.jor projects, thereby unduly burd ning local taxpayers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows :
That the City Counc t1 opposes ldopt ton of S.nate Bil 1 168 by the
Colorado Legislature and urv s tts defeat .
All T:
ADOPTED AND APPROVED tht s seventh day of Marth, 1988 .
t Cit • I
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Second Regular Session
Filty·sixth General Assembly iS B LOO NO. 88 073 6/10 SENATE BILL NO.
STATE OF COLORADO
STATE AffAIRS.
BY SENATOR Cons1d1ne;
also REPRESENTATIVE Berry.
A BILL FOR AN ACT
CONCERNING THE PROCEDURE FOR PROTESTING THE AWARD OF CONTRACTS
2 FOR CONSTRUCTION OF PUBLIC PROJECTS.
3
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5
6
1
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to
ll
8111 Su-ary
(Mote: This s~rf applies to th1s bill as introduced
and dots notniceuarf x reflect !!!l--ftiiiiintswhfch !!l bi SUliseiUiii'tly adopted.) ---
Establishes procedural guidelines for unsuccessful
contractors wishing to contest ... rds of contracts for
construction of public projects. Li•lts review of such awards to certatn I ssues.
_.u. !l.~ l,x ~ _t _ $tate ~ Cotortdo:
1. Arti cl e 92 of title u. Colorado •vhtd
S atutes, ~1. ol •• IS .ts IY THE
AIIOITl SECTI to
(l) c • ontrtct for
t tor tc ol ct ltd
0 ar 0 t I
b rfOf' d
t. '" t I • •
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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19
lO
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zz
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• 25
26
27
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sect1on . Such protest shall be 11m1ted to the 1ssues of
whether the award was made to the lowest respons1ble b1dder
and whether the award was .ade 1n COMpl1ance w1th the cr 1ter l a
set forth 1n the l nvltat1on for b1ds.
(2) (a) An unsuccessful b1dder w1sh1ng to protest an
award shall submit the protest In writing to the gover~ntal
unit or agency which sollc1ted the bids wlth1n f1ve work1ng
days of the announce~~ent of the award .
i ncl ude at l east the following:
The protest sha ll
(I) The t i t l e or MUlDer of the project;
(I I ) The na.e of the bidder to wno. the award wa s Made ;
(I II ) The na.e of the bidder lodging the protest;
(IV) The reason or reasons for the protest .
(b) A written decision regarding the protest sha ll be
rendered by the govern.ental unit or agency to whi ch the
protest was su ~l tted wi th i n f t ve ~rktng dtys of sa id
go verr.ental un 1t 's or age ncy's rece i pt of the protest, and a
copy of s a i d dec isi on sha ll be provided to the pro t esti ng
bidder.
(l) If, after the parti es have co.plled wtth the
ts of ubsectton {2) of this s ton. t stton
of ,. t ... rd or the contrect as de to the 1 st
r spanstble bt r or awtrd u e tn tccordtnee
with t crlt rlt t forth tn t tnvltetlon for bids, hts
no n 1"1 solv to t protesting bl r's settsft tton.
etd bldd r -.y rt1 • ctvll ectlon tnt district court o'
t district tn tch t Pl'OJ • ton
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shall be filed within ten working days of the bidder's receipt
2 of the govern.ental unit's or agency 's response. The re.edies
3 in such an action shall be li•ited to injunctive relief and
4 shall not include .aney daaages or attorney fees.
5 {4) If the award of a contract is the subject of a
6 ti~ly protest as provided for under this section, the
7 govern.ental unit or agency shall not proceed further with
8 such award for a period of t~nty working days.
9 SECTION 2. 24-92-104 {3), Colorado Rtv1sed Statutes,
10
11
1982 Repl. Vol., 1s ... ncled to read:
24 -92-104. Ex!!ptions appltcabilttx . (3) Thh
12 arti c le shall not apply to any county, ~n1c1pa11ty, school
13 d1str1ct, special d1strtct, or po11t1cal subdivision of the
14 state and shall not bt construed to affect any requ1~nts
15 "'tttch 1111 otherwise apply to such ent1t1es for ... rding
16 contr.c:ts for public projects, except as provided in ... ,._
17 SECTIONS 24-92-103.5 AID 24-92 -101.
11 SECTION l. $tfetx cltyst. The ftNral asstllbly Mreby
19 f1 nds, dtterw1nes, and dec l ares that this act 1s necessary
20 for t i-.diate preservat ion of the pu blic pe ac e, hea l th ,
Zl and M f t1.
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE
March 3, 1988
AGENDA ITEM
1\
SUBJECT Resolution Opposing
Senate Bill No. 168
INITIATED BY ___ c_i_t_y_C_o_un_c_i_l ____________________________________ __
ACTION PROPOSED> _______________________ __
Reco..endation to adopt 1 Resolution opposing Senate Bill No. 168
IACI(~
Cou ncll..-ber Bilo has asked that the attached resolution in opposition to Senate
Bill 168 be placed on the agenda for Council consideration.
nate Bill 168, Introduced by Senator Terry Considine, establishes procedures
thr0U9h ~lch an unsuccessful contractor could contest awards of contracts for
publ c proj ts over SSO,OOO . The protest •st be based on lllhether the award went
o ttl l s responsible bidder or .. s tn COIIPliance wtth crtterta set forth In th
btd p•c • final recourse for the unsuccessful contractor would be tn Dtstrtc
Co urt . Ev though lantU of the btll ts vague tn several key areas, tt s s
cl ar thlt t protest --If carried to the lt•tt··could delay a project as •ch as 40
rktng day . T se dehys could prove e.t,...ly e~q~enshe, but there ts no prov t ·
sion for tary relief to c....,_sate for d~~~ages or letal fMs .
t c t c 111 o. 1 •
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;JG
RESOLUTION NO.
SERIES OF 1988--
A RESOLUTION OPPOSING ADOPTION OF SENATE BILL NO. 168 WHICH WOULD ESTABLISH A
PROTEST PROCEDURE FOR UNSUCCESSFUL CONTRACTORS WISHING TO CONTEST ~S OF CONTRACTS FOR PUBLIC PROTESTS .
WHEREAS, Sen•te Bill 168 est•blishes • ca.plex process th•t •llows •
contr•ctor to protest the aw•rd of • contr•ct fo •ny .unicip•l project over
$50,000, through written protests •nd civil •ction in District Court; •nd
WHEREAS, Sen•te Bill 168 does not provide .anet•ry relief to the
•unicip•lity for d ... ges, del•ys, leg•l fees or fluctu•tions in costs for
••terhls •nd hbor due to the protest procedure; •nd
WHEREAS, Sen•te Bill 168 cont•ins v~ue l•ngu•ge th•t .. kes its provisions uncle•r; •nd
WHEREAS, the Ctty of EnglftiOOd •lre.cly provides a process of appe•l for contr•ctors through the City Council; and
WHEREAS, the issue of aw•rding contncts for loul civic projects ts
not • .. tter of statewide concern •nd should be left to individu•l jurisdictions; •nd
WHEREAS, the City Council feels th•t Senate Bill 168 interferes with
the s.aoth • efficient ca.pletion of -.jor projects, thereby unduly burdening loul taxp.,ers .
NOW, TH(R(f'OR£, 1£ IT R£SOlV£D, by the Ctty Council of the Ci ty of Englewood, Colorado, •s follows :
That the City COUMtl opposes Moptton of Sen.te lill 161 by the
Colorado legislature aftd urves tts defe•t .
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE
March Z, 1988
AGENDA ITEM SlaJECT Appolnt•nts to Planning and Zoning
and Election Co..lsslons
INITIATED BY ___ c_l_t~y_C_o_un_c_l_l ____________________________________ __
ACTI~ PRO~SED'-------------------------------------------
Reco..endatlon to approve appolnt.ents to the Planning and Zoning
C~isslon and the Election Co..lsslon.
The following vacancies exist on the Planning and Zoning Co..lssion and the Election
C~tssion:
1. Planning and Zoning Co.lsston, OM unexpired vacancy expiring February 1, 1990 .
z. Election Co.tsslon, one expired vacancy explrtng February 1, 1992.
Th following appolnt•nts are rec1l•lnded:
l. Fred Volkaa, to fill the unexpired ttrw on the Planning and Zontng Co..tsslon,
tfftctlvt retroacttvt to February Z9, ltll, and expiring on February 1, 1990 .
l . lody Kollath, to ftll the txptred vacancy on t Election Co.alsston, for a
our y ar ,.. tf ttv retro c h to February Zt, ltllt and t plrlng F bruary
I. 1 Z .
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AGENDA ITEM 5 ~ --=----PUSEiffED IY
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AGENDA ITEM 6 a_ PIEsmtD IY -----
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