HomeMy WebLinkAbout1987-10-05 (Regular) Meeting AgendaRegular City Council Meeting
October 5, 1987
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I . Call to Order
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EllliLEWOOO CITY COUNCIL
EllliLEWOOD, MAPAHOE COUNTY, COLORADO
Regular ""ttng
OCTOIEil 5, 1 ga7
The regul~r ~eti ng of the Engl ewood City Council w ~s called to order by Mayor Ot is 7:34 p.•.
Z. lnvocatton
The i nvocation wa s gi ven by Cou ncil Me.ber Bilo.
3. Pled,. of Alle,tance
The Pledge of Allegi~nce wa s led by Ma yor Otis .
4 . loll Call
Present: Counc: 1 "-bers Van Dyke, Kozacek, Bllo, Bradsha ,
Oth
(OUftC 1 rs Hfgday, Vobejda
A quoru. was present .
A 1 so present :
5 . Nti'IUt
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 2
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COUNCIL ..U lltADSIWf ROVm, COUNCIL MERIEl IILO SECONDm, TO PROCLAIM THE
WEEK OF OCTOIER 18 -24, 1987, AS MATICIIAL MJSIMESS WREN'S WEEK.
Ayes: Council MeMbers Van Dyke, Kozacek, Bilo, Bradshaw, Otis
Mays: None
Abstain: None
Absent: Council MeMbers Higday, Yobejda
Motion carried.
Ms. Slattery received the signed procla .. tion from Mayor Otis, and took this
opportunity to announce the selection of Marj Nickum, Total Business Systems,
as Vo.an of the Year. Ms. Nicku. was introduced and congratulated.
7. lion-scheduled Vtsttors
(a) Howard McGregor, representing the Greater Englewood Chamber of Com-
.. rce, infor.ed Council that the Cha.ber's Board of Directors had .. t and re-
viewed the City's proposed 1988 Budget. He stated that the Board was reco.-
Mnding that the 1988 Budget be reduced by five percent which would cover the
four percent shortfall and leave a s .. ll .. rgin for the next three years,
during which tiM increased business activity will result in increased tax
revenues.
(b) Doftald l. R. S.ith, 3165 South Sherwan Street, addressed Council
regarding two it•s:
1) It• 10 CBI47 (dogs) His •in concern wu that vicious dogs, guard
dogs, and protective dogs were all under the s-restrictions and that
provision were not ..0. to recognize that trained an t .. ls should not re -
quire to be •uled.
Z) It t(h) Cl 63 (Sales l Use Tax lncreue). He stressed that if
CCMHte 1 did not CCIIIPl.Y wtth the Chlllbers' rec-.nctation to reduce the
budtet by f v percttnt and if Counc t1 chose to increase t sales tax,
that act on should not be effective untfl after the end of January . To
•It t eff t t before that t i ld caus furt r detertorat on of
t ta bas as people would undoubtedly shop els re . offered sug -
ges t cuts regarding pav ng dtstr cts, contractual s rvtces
nd ncreases. He also sugg s ted 1 r ng the ul s tu bet n
o J ~uary tn n effort to rat -or t ne .
tton
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Engl~ City Council Minutes
OCTOBER 5, 1987 -Page 3
Abstlin : None
Absent:
Motion carried.
Council Me.bers Higday, Yobejda
9. Consent Agenda
Council Melber Kozacek requested that Consent Agenda It .. s 9(d) and 9(h) be
withdrawn fro. the Consent Agenda.
COUNCIL ...a IUDSIWI MOVED, COUNCIL ...a IILO SECCII)ED, TO APPIOVE CON-
SOT MD1M ITDIS t (a) TlllOU8H (k), EXCLUDI. t(d) and (h).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(t)
(j)
(k)
(d)
Minutes of the Board of Career Service Meeting of May 14, 1987.
Minutes of the liquor licensing Authority ~~eeting of Septe.ber Z,
1917
Minutes of the Planning and Zoning Co.ission •eting of Septe.ber
15, 1917
Vithdrwn
Ordinance No. 50, Series of 1917, approving anneution of property
in Suppl-.nt Ill, located north of County line Road and west of
South Holly Street, to the South Arapahoe Sanitation District.
Ordinance No. 51, Series of 1917, approving the exclusion of prop -
erty locat~ just north of East Orchard Road and west of South
University Boulevard fro. Suppl t IJZ to the South Arapahoe
S..itation District .
Ordi • lo . SZ, Series of ltl7, .,...,.. xatton of property
tn S.,l...-t Ill for Curtts Park to t South Arapahoe Sanitation
Dhtrtct .
Vttwr-
Ordt e lo . Sl, S.rtes of ltl7, ,....idl119 for 1 Qutt Cht• Deed
COf't'"ectt119 t lot~l description of property p.-.vtously trusf rred
by liold Datrtes, hte.
Ordt e lo. 54, Series of 1117, v at int c rtatn r ghts ·of·way tn
an a.-.a bouftded by Engl...., Pa !1, Acoea and U.S . liS .
Ordlftaftte . 55, S.rtes of ltl7, vaca tng certatn rtghts -of-way tn
1 lZI foot strtp at t nort ast corner of Gtrard Av nd Elatl
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 4
Council Me.ber Kozacek presented infor.~tion concerning research he had done
relative to trained ani .. ls. He felt the ordinance had .erit with the excep-
tion of the require.ent in 7-IA-8.5 paragraph A stipulating that guard or at -
tack dogs be .. zzled. He further exphined the ordinance with reference to
vicious dogs versus trained dogs and the licensing provisions.
CCUI:IL .. EllOZACEK IIOYED, CCUI:Il -.Ea IUDSIWf SECONDED, TO MDID COUN-
CIL IILL 10. 47 AS FOLLOWS: SECTION 3, 7-1A-8.5 DELETIM& WORDS •MUZZLED AND•
fROIIJ PAIAIUPH A. OM PME 3.
Ayes: Council Metlbers Van Dyke, Kozacek, Bilo, Bradshaw,
Otis
Nays : None
Abstain: None
Absent:
Motion carried.
Council Metlbers Higday , Vobejda
CCUI:Il -.Ea IILO lOVED, CCUI:Il -.Ea lOZACEK SECONDED, TO APPROVE CCUI:IL
IILL 10. 47, SEalES OF 1N7, AS ......
Ayes : Council Metlbers Van Dyke, Kozacek, Bilo, Bradshaw , Otis
Nays : None
Abstain: None
Absent : Council Metlbers Htgday, Vobejda
Motion carried.
(h) CGUIICIL .... UZM:El .wED, CGUIICIL ._. IUDSIIMf S(CCIIJED, TO
TAIL£ TO aa.El 11, 1•7, CIIIEIL IIU 10. 13, SOIU OF 1•7, lll'f'IGIIUCED IY
CGUIICIL ._. WM lnll, TITUD:
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A llll FOR All ORDIIWICE MEII>I TITLE 4 , CHAPTER 4 , SECTIONS 4
5, EllilEWOD UICIPAl CODE 1915, REFLECTING All INCREASE OF SALES
AND USE TAl lit THE CITY Of EllilEWOD IY ONE -HALF CENT ON EACH DOL -
LAR FOR A TOTAL CITY SALES TAl Of 3 .501 ON EACH DOLLAR .
A_yes : Council
Oth
led .
rs Van Dyke, Kozacek, Bilo, Bradshaw,
b 11 0
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Engl.wood City Council Minutes
OCTOBER 5, 1987 -Page 5
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legislation which requires the reassess.ent of all property to a 1985 valua-
tion and established li•its for any property tax increases. The a.aunt cer-
tified to us by the state was $1,557,267 in property tax revenue. Mill levies
IIUSt be reduced accordingly in order to not exceed the li•its of 5.5~ plus
2.5~ allowed ~n new construction. Current •ill levy for both the General Fund
and Debt Service Fund is 11.892. The •ill 1 evy on 1987 assess.ents due and
payable in 1988 will be 6.607 (4.909 General Fund, 1.698 Debt Service Fund).
The •ill levy for the Downtown Develo~nt Authority has been reduced from 5 .0
to 3.267 to co.ply with the sa.e provisions.
COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE.
A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF All TAXABLE PROPERTY WITHIN THE CITY OF ENGLE -
WOOD, COLORADO, FOR THE YEAR 1988 AND ESTABLISHING A Mill LEVY FOR THE
ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY .
CCIUIICIL .. EI IUDSIWI MOVED, CCIUIICIL IEJaEI IILO S£CCII)ED, TO APPROVE COUN-
CIL IILL 10. It, SERIES OF 1117.
Ayes: Council Me.bers Van Dyke, Kozacek, Bilo , Bradshaw,
Otis
Nays : None
Abstain : None
Absent : Council Mellbers Higday, Vobejda
(b) City Man-ver McCOIIIfl presented a rec~ation f~ the Director of
Engineering Services to ward 1 constnKtion contract for Concrete bplac ... nt
Progr•, 1M7 bvhed. He reiterated the need to rebid this progr• and
stated that by bidding the second ti•, the City hid realized 1 savings of
approxi .. tely $7 ,000. Mr . McCOIIIfl recawutded the ward to the low bidder, E l
J Concrete in the ..ount of $39,915 .30. He stated that $49 ,000 hid been allo -
cated in the Public I1111rova.nt fund for this progr•.
CCIUIICIL ...a IUDSIIMf IIMD, CCIUIICIL .... lOZACEl SECC.O, TO c•-
STIUCTI. CCIITUCT FOI a.I£TE IPUWOT PROIIM r• 1117 HVISED TO E I J
COIICI£TE II TN( MOllfJ OF $lt,tli.JO.
Ay s: Council rs V " Oy , Ko c , 811o, 8rad5h ,
Oth
s :
Absta n:
Ab nt :
on carried .
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Englewood City Council Minutes
OCTOBER 5, 1987 -Page 6
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north of Cinderella City. The area will be secured. Mr . Frank Rogers , Air
Pollution Control Specialist, Colorado Oepart.ent of Health, responded to
specific questions of Council about the site location and the use of informa-
tion to be derived fro. the proposed ~nitoring. It was pointed out that the
agreetnent between the Air Control Division of Colorado Department of Health
and the City of Englewood will be for as long as the arrangement is agreeable to both parties .
COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE -
WOOD AND THE AIR POLLUTION CONTROL DIVISION OF THE COLORADO DEPARTMENT OF
HEALTH FOR AN AIR MONITORING STATION TO BE LOCATED AT THE SOUTH END OF
THE NEWLY ACQUIRED PROPERTY WEST OF CUSHING PARK AND EASTMAN AVENUE.
COUNCIL NOIIO lOZACEl IIOVED, COUIICIL EaEI IUDSIWI SECOII)ED, TO APPROVE
COUNCIL IILL 10. 61, SEIIES OF 1917.
~es : Council MHbers Van Dyke , Kozacek, Bilo, Bradshaw , Otis
Nays : None
Abstain : None
Council Me.ber s Hi gday , Vobe j da Absent :
Mot i on carried .
12 . Ctt.J Nana,.r's leport
AO Y TITl£:
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Englewood City Council Minutes
OCTOBER 5, lt87 -Page 7
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FACILITIES, AND FIXTURES NECESSARY FOR THE MAINTENANCE AND OPERATION OF A
CABLE TELEVISION SYSTEM FOR PRODUciNG, RECEIVING, TRANSMITTING, AMPLIFY -
ING, DISTRIBUTING, AND SELLING AUDIO, VIDEO, AND OTHER FORMS OF ELEC -
TRONIC OR ELECTRICAL SIGNALS AND THE RIGHT TO TRANSMIT THE SAM£ TO AND
FROM THE INHABITANTS OF THE CITY OF ENGLEWOOD; AND FIXING THE TERMS AND
CONDITIONS THEREOF; AND PROVIDING FOR THE CALLING AND HOLDING OF A
GENERAL ELECTION UPON SAID QUESTION, THE TERMINATION OF THE RESULT THERE -
OF, AND FOR THE EXECUTION AND DELIVERY OF SAID FRANcHISE ACCORDING TO ITS
PROPOSED TEAMS, IF THE RESULT OF SUCH VOTE OF THE QUALIFIED ELECTORS AT
SUCH ELECTION SHALL HAVE BEEN DETERMINED TO HAVE BEEN AFFIRMATIVE FOR THE GRANT OF SAID FRANcHISE, AND DECLARING AN EMERGENCY .
CCUI:IL -.o IUDSIWI IIDYED, CCUI:Il NEJIIEl VM DYU SlC.O, TO APPROVE
COUNCIL llll 10. 12, SEIIES OF 1117. Council "--ber Bilo stated his concern
over the ... rgency clause attached to this Council Bill, but he did state he would support passage of the Bill .
A.yes : Council "--bers Van Dyke, Kozacelt, Bilo, Bradshaw,
Nays:
Abstain :
Absent :
..,tion carried .
Otis
None
None
Council "--bers Higday, Vobejda
13. Ctty Attorney's le,ort
Ns . Reid did not have any •tters to bring before Counc n.
14 . ...,.., Dtscusst•
(a) Mayor 's Chotc
MYOI OTIS DID, CGUIICIL lilt , ,. TME: CITY TO .-11 -NI-
TICINTt IIJTN CllOIMO -ICJNL lfMUl. II A .,IT lUI Ttl~IIICATJ.
DOUIUTJ• -UTt P11 CUll
A.yes : eo-en rs Vu Oy , , lllo, trads
Nay s: Otis
Ab tatn :
nt : c M'f
( ) (1) tl
( ) (I )
Englewood Ctty Counctl Ntnutes
OCTOBER 5, 1987 -Page 8
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Mayor Otis requested the City Clerk to read into the record of this ~eting a
letter fro. Council Me.ber Ja.es L. Htgday, Jr., concerning the proposed ap -potnt.ant of Rtck DeWitt as City Attorney.
RESOLUTION NO. 29
SERIES OF 1987
A RESOLUTION APPOINTING RICK D£ VITI AS CITY ATIOANEY FOR THE CITY OF ENGLE -
WOOD, COLORADO, All> DETEIIUNING HIS SALARY FOR THE REMAINDER OF 1987.
COUNCIL 110110 UlACDC IIDVED, CCUICIL 110110 IILO SECGIIDED, PASSME OF RESOLU-
TICIII 110. H, SEIIU OF 1M7. Council Me.ber Kozacek objected to the reading
of the letter into the record until after a 110tion and second had been .. de .
He disputed certatn stat-nts .. de In Council Me.ber Htgday 's letter, and
further stated hts support of the appotnt .. nt of Mr. DeVItt as City Attorney .
Council .....,.r Van Dyke stated she could not support the resolution to appo int
Mr. DeWitt as City Attomey Uftless Council would consider placing Mr . DeVItt
on a sfx--th CCNitract .tlfch would allow llellbers of the future Council to
evaluate the needs of the City Attorney's office . Vtth such a change, she
would support the resoluttCNI . Council Metlber Bradshaw stated she would sup -
port the resoluttCNI and clarified several potnts .. de In Council Mlllber Htg -
day 's letter . She further stated that any appotnt-.nt Council .. kes are .. de
at Council 's pleasure and do not Med to have a tt .. stipulation placed upon tt••· COUftC11 .....,.r ltlo stated he felt tt would be wtse to select Rick
DeWitt Md asked ever,_. to support Mr. DeWitt 's appotnt.ent . Mayor Otis called for the vote :
~s :
..,s :
Abstain :
Abset~t :
MottCNI carried .
15 . Adjour._t
CCMIIK11 .....,.rs Kozacelt, Bflo, Bradshaw,
COUftCfl .....,.r Van Dyke
Ilene
CCMIIKtl ..... rs Hfgday, Vobejda
Otis
COUNCIL .._. ......... 11 .... The tlng adjour"fted at 8 :36 p .a .
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AGENDA FOR THE
REGUlAR MEETING OP'
THE ENGLEWOOD CITY COUNCIL
OCTOBER 5, 1987
7:30 P.M.
1. Call to order.
2. Invocation.
3. Pladqa of allaqianca.
4. Roll call.
5. Minut••·
(a)
7.
I.
llinuta• of the recJUlar ... unq ;J,.._,~.fit;9~7h
(Pleaaa liait your praaantation to
Jla. Jlary Slattery, Preaident, of the &nqlawoocS Chapter
ot Buaineu and Prof ... ional wa.an, will be praHnt t o
accept a procl ... tion 4eclarinq October 11-2 , 1 91 7, ••
National i neaa • • • /)Ju~ /]/~ UJ'"" ?: M.
:..; ~ ~~ r , ~~ , -.
Vi 1 n tion o ..... ., . )
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9. Conaant Agenda.
(a)
(b)
(c)
#Jt~
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ej;~~ (a)
0 (f)
cJJ.f (CJ)
3
u (i)
5 (j)
10.
Minute• of the Board of career Service -•ting of May
14, 1987.
Minute• of the Liquor Licenainq Authority .. atinCJ of
Sapteaber 2, 1917.
Minute• of the Planning and loninq Ca.aiaaion .. atinq of ~A
/apteaber .. l!S, 1917._ cf il(}/-4 ~ Ordinan~~f~ Title 1 of the EnCJlevood MUn~icipel ~o-J;J_
Coda, ralati~ to dOCJ• and cat•. Sb/ ~'fj t'7 .,/ &50 t t1'
Ordinence"approvinq annexation of property 1n suppl-ant
fll, located north of county Line Road and va•t of south
Rolly Street} to the South Arapahoe Sanitation Diatrict.
~rdi~:/pprovinq the exolu.ion of property located
ju•t nonn of h•t Orcbard Road and ve.t of Iouth
Univanity Blvd. froa luppl..-nt U2 to the Iouth Arapa-
hoe Sanitation Di•trict.
~rdinence .-1 a£tlrovinCJ annexation of property in luppl ... nt pW
t:n for cut~: Park to tbe Iouth Arapahoe Sanitation //1..,' ot.trict. rr
Ordtnanoe!' approvinCJ • l/2 cent Hla• tax incnaea • f c-~iffl,flfl
tiva O.CIIIilbar l, 1917. z. <Y" j ·O ,._
.-c;rdi~idiiMJ for a Quit Claia Dead correcting the
l&CJal deeeription of property praviou•ly tranefarred by
llaadov Gold Dairi .. Inc.
~ s&/
Ordinancaa "vacat1ft9 certain riCJbte-of-vay in ar a
bounded by bcJl.-ood Par y, u.s. 2 1 5/
Uo rint ·
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' ,City Council Agenda
October 5, 1987
Page 3 1-
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~~~b) Raco .. andation fraa the Director of Bnqin .. rinq Sarvicaa j~ to award a conatruction contr~ct for Conc~~ReJPJ~~ {)ff aant Prograa, 1987 Reviaed. @/~~/ Kr~
lhl,\ (c) /aacoaaendation fraa the COIIIIUility DeYelos-ent Depart.aent ~~A}--} to adopt a bill for an ordinance approvinq an avr .... nt 5 vi th the Colorado Baal th Depart.ant for an air aoni tor-fl/f ing atation at CUahing Park. ~~~~U~
12. city ~agar' • Report. J!Z ~ / d ~,O'i!> ("'-) eN 6;.1 ·IUuM &lkll!a#lc~;z;~/:!;. ');,:... ~ 5 13. City Attorney'• Report.
Alt!tkn
u. -..rol :Lion. d'J:O,; .I . d~ "'/<'-""-~ '[
(a) llayor•a Choice. ~~" _ea;;:;-~~~ f!t!j'ff(f;J;~.
(b) Council Meabar'• Choice.
(i ) llr. Gary Jtoaaoak, Bouainq Authority .....,_r, will
preeent a cbecJt froa the Bouainq Authority to the City Council. 4!~ j g_~ (U) .,/beolutio{t.Z.ointinq a City Attorney. ~ k0 H' I" . Adjourn.ant.
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AIENDA ITER 13 PRESENTm IY
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IOIERAL AGENDA ITEM COMMENT ROSTER
DATE: October 5, 1987
NfY P£15011 MY SPEM COIICEMI. NfY A&EIIDA ITEM. EACH SUCH PERSON fiiST SIGN
THIS ROSTER, STAn• liME, ADDRESS, All) A&EIIDA ITEM .... ER. PLEASE LUUT YOUR
COMNEMTS TO FIVE MINUTES.
THOSE PERSONS WHO WISH TO SPEM Ill FAVOR OF OR Ill OPPOSITIOII TO A PUBLIC
HEARl., SHOULD Sllll THE A"LICAil.E PUILIC HORI. ROSTER .
PLEASE PRINT.
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1. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Sess 1 on
Septe.ber 21, 1987
The regular Meeting of the Englewood City Council was called to order by Mayor Otis 7:32 p.111 .
2 . Invocation
The invocation was given by Council Me.Oer Vobejda .
3 . Pledge of Al legiance
The Pledge of Allegiance was led by Mayor Otts .
4 . loll Call
Present : Council ~rs Van Dyke, Vobejda, Kozacek, Bradshaw,
Oth
Absent : Coun c il Me.btrs Htgday, 81lo
A quoru wa s pr sent.
Also pr s nt:
nt
SfCOIIIO, TO
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Englewood City Council Minutes
September 21, 1987 -Page 2
6 . Pre-scheduled VIsitors
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(a) There were no pre -scheduled visitors.
7. Non-scheduled VIsitors
Norita Welch, 3311 South Downing, expressed concern over the dangerous inter-
section at Dart1110uth end Downing. Ms. Welch stated that the parents are
requesting a four-way stop with a four-wey walk sign and a no-turn on red
sign. Counctl Member Bradshaw stated that she requested the Director of
Public Works, Mr. Waggoner, to consider adding 1 walk cycle where no traffic
would be 1110ving. Ms. Bradshaw explained that Mr . Waggoner would provide the
Council with the cost of the options. Ms . Welch suggested that Council con-
sider a $100.00 fine for anyone that is pulled over in a school zone. She
felt that this could possibly be used to fund several ita.s such as this . Ms .
Bradshaw noted that they are not supposed to look to the Court as a revenue producer.
Michael Gruntnger, Pres ident of the Englewood firefighters, presented a staff-
ing level study conducted by the Dallas, Texas, Ftre Depart .. nt, for Council to review prior to the Budget Retreat.
Joanne Eve, 3881 South Fox, co.plained that for th e last year two vehicles, a
tratler used to transport racing cars and a vehicle used for a lawn IIOWing
service, have been parked across the street fro~~ her ho... She stated that
they are very unsightly and presented Council with pictures. Ms. Bradshaw
referred her to Ms. Roaans. Mayor Otis essured her that they would Investi -
gate the si tuat ion and tf th y are illegally parked action would be taken .
Dorothy Bakos, 4651 South Wash ington Str et, questioned th sate of unsafe
s tructures . Mayor Otis felt that th City could not prohibit the sale of a
ho , but noted ft could be Inspected to detenalne If It t th cod . Mr . Otis r ferred her to Ms. Roaan s.
8. C~tcettons end 'roct ttons
9. Con tnt Aftt'ld
c IL • v , TO ( £NT
(I) Itt Aut fA 12,
(b) 0 t nd
7
(c) P1 l A t Jl, I
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Englewood City Council Minutes
September 21, 1987 -Page 3
(d)
(e)
(f)
(g)
(h)
(1)
Minute s of the Public library Advisory Board meeting of September
8 , 1987 .
Ord i nance No . 45 amending Title 4 of the Englewood Municipal Code
Impo s ing an emergency charge upon telephone exchange access facili -
t i es for enhanced 911 System .
Ord i nan ce No . 46 approving an Intergovernmental agreeMent creating
an emergency telephone service authority which shall establish and
operate an emergency telephone service system to Include the city
of Englewood .
Or di nan ce No . 47 va cat i ng port i on of the r i ght -of -way In the 3400
block of Sout h Acom a and 100 block of We s t Ha~en Avenue .
Ordin ance No . 48 ap prov i ng an eunent for Ci ty Di t ch r i ght -of -way
In the Chatfield Reservoi r area .
Ordinance No . 49 approving t he co nveyan ce of th e abandoned City
Ditch right -of-way by Quit Clai• Deed .
Ayes :
Nays :
Abstain :
Absent :
Council ~rs Van Dyke, Vobejda, Ko za ce k, Bllo,
Bradshaw, Otis
None
None
Council MeMber Hlgday
tlon carr i ed .
10. Pu blic Htar1nt
t I
(a} COUNC IL fQIR IUDSHMI NOVO, COUNCIL R KOZACEl SECOIIDO , TO
GPO THE PUIL IC HUll. TO CCIISIDR THE 1911 IUDIET .
Ay s: Coun c il Van Dyke, Vo~jda, Kozacek, Bllo,
Brad sha
on
on
Counc 1
t
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Englewood City Council Minutes
September 21, 1987 -Page 4
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incorporate a sales tax increase of a 1/2 cent on the dollar. The 1988 Pro-
posed Budget for the General Fund reflects a reduction of 3 positions. They
are a Personnel Analyst, a City Service Worker II position, and a Battalion
Chief position in the Fire Department. That brings to thirteen the nu.ber of
positions that have been cut in the General Fund since 1986. The 1988 Pro -
posed Budget for the General Fund reflects a 3.31 increase over the 1987 Bud-
get . The Public Improvement Fund hu also suffered a serious decreue in
revenues because its primary source of revenue is the use tax, which is part
of the sales tax. Accordingly several projects have been delayed until fund-
ing is available for them. The Water, Sewer and Golf Course Funds are in very
stable financial condition for 1988. Total expenditures for all funds are as
follows:
General Fund
Debt Service Fund
Public Improvement Fund
State Lottery Fund
Water Fund
Sewer Fund
Golf Course Fund
Total Expenditures
$19,220,567
548,760
1,422,000
129,000
3,934,684
4,919,883
696,129
$30,871,023
Our total revenue picture, including the 1/2 cent sales tu Increase, h as
follows :
General Fund
Debt Service Fund
Public l~rov nt Fund
State Lottery Fund
ater Fund
S r Fund
Golf Cours fund
To al R v nu
$20,085 ,733
548,887
1,422,000
158,479
4,565,243
12,585,589
l 257 265
$40 ,623.196
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Englewood City Council Minutes
September 21, 1987 -Page 5
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Council Member Bradshaw entered into the record a letter dated September 18,
1987 from the Cinderella City Merchants Association and a letter from Bill
Clayton Jr. to the Council, both speaking against the proposed sales tax
increase.
Louis T. Cangilla, 5000 South Delaware, duly sworn, spoke against the sales
tax increase. He questioned how IIUCh business they would be driving out of
Englewood. He felt •any people would shop sa.ewhere else, especially for the
large items where the sales tax a.ounts to a considerable a.ount of 110ney.
Mr. Cangilla asked if Council had considered a City Wage Tax or Head Tax? Mr .
McCown responded that the City Wage Tax is forbidden by State Law, but that
the Head Tax could be considered .
Barry Coleman, owns a business at 3305 South Broadway, duly sworn, s~athized
with the members of City Council in trying to find a solution to such a defi -
cit. He also expressed a •grave feeling of disappoint .. nt in the quality of
•anagement that the City has shown.• He noted that al110st every business tn
Englewood has faced this probla. and they have "cut to the bone.• He sugges-
ted that the City should not spend 110ney on projects that they don't have and
should consider eliMinating al110st one third of the work force . Mr . Col .. an
stated he felt the tax increase would have a negative effect. Council MeMber
Kozacek explained that this is a projected deficit and that since he has been
a ...C.r of Council he has been kept regularly infor.ed.
Dorothy Bakos, 4651 South Washington Street, duly sworn, questioned why Coun -
cil has allowed private developers to ca.. in and build when there are so ny
vacant buildings . Council responded to her questions .
Alex Habenicht, 515 st Tufts, duly sworn, asked that perhaps the City Coun ·
ctl uld consider postponing the sales tax increase until after the holiday
season.
South O.hware, still under oath, c
uld have to ltv wt th th •Ish es
od. Mr . Cangilla questioned y th
In ord r to cut d on eJCpens s.
rn.
nted that
they have d
Budg t R treat
Counc 1 r
v jda, u 81lo.
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Englewood City Council Minutes
September 21, 1987 -Page 6
11 . Ordinances, Resolutions and Motions
(a) City Manager McCown presented a recommendation from the Parks and
Recreation Depart me nt to award the construction contract to Maupin Electric
Co mpany in the amount of $26,089 for Belleview Park tennis court lighting re -
placement . Mr . McC own exp 1a i ned that the funds are budgeted in the Pub 11 c
Improvement Fund wh i ch i s separate from the General Fund . He stated that the
l i ghts at thi s t i me are mounted on wooden posts which are warped and twisted
out of al i gnment . Becau se of the condition of the poles they can no longer
f i nd ma i nt enan ce co ntractor s to service and repair the lights . There will be
six te en fix ture s and e i ght poles . They wi ll be high pressure sodium lights,
whic h is es t im ated to r edu ce the energy cost anywhere fro. 1/4 to 1/3 of the
current cos t .
COUNCIL NENIER IRADSHAW MOVED, COUNCIL MENIER IILO SECONDED TO AWARD THE liD
FOR THE BELLEVIEW PAliK TOIUS COURT LI&HTUIIi TO IWJPIN ELECTRIC COMPANY IN THE
AMOUNT OF $2&,019 . Council Me•bers Van Dyke, Vobej da, Koza ce k, Bllo,
Bradshaw, OtIs
Ayes:
Nays: None
Abstain: None
Absent : Council Member Hlgday
Motion ca r ried.
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(b) Pollee Chief Hol s presented th reca.endatlon fr011 t he Pollee
DepartMnt and the City Attorney 's office t o adopt a bill for an
ordinance ndlng Tftle 7 of t he Englewood Municipal Code, r lat -
lng to dogs and cats . Chief Hol .. s stated t hat t he prl•ary objec -
tive of th ordinance Is public safety as we ha ve between four and
six dog bites In the city a .onth. He noted that under t he present
ordinance In ord r to get a convic t ion for harboring a vicious dog
you have to prov the owner knew the dog was vicious by so-. pre ·
v ous ac • You basically have •one bite fr e. • This ordinance
sp clf1cally stat s that it fs not r qulr d that they know , but If
th y ar harboring a dog that Is vicious th y bee responsible .
Th p s nt ordtnanc do s not allow the judg to order confln nt
o n 1. T n ordln nee do s ddr ss his . Th n or·
din nc r r ltc nsln or at ac and gu rd d . Chi H 1 s
s s ns r011 t Ci ty Council.
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Englewood City Council Minutes
September 21, 1987 -Page 7
COUNCIL MEMBER IILO MOVED, COUNCIL MEMBER VOIEJOA SECONDED, PASSAGE OF COUNCIL
BILL NO. 47 AS AMENDED, SERIES OF 1987.
Ayes: Council Members Van Dyke, Vobejda, Kozacek, Bilo,
Bradshaw, Otis
Nays: None
Abshin: None
Absent: Council Member Higday
Motion carried.
(c) Acting Director Romans presented a rec~ndatton fro. the Depart-
Ment of Ca.munlty Development to approve projects for the 1988-1989
Highway Work Progra~. Ms. Ro.ans explained that all of the
.untclpaltttes in the State are Invited to subltt projects within
their ca..untty to the County Ca..tsstoner for projects that would
be placed on the Highway Comntsslons work progr .. for the following
fiscal year. She stated that the projects are subllitted to the
County, the County C01111issioners go through th•, select those
projects which they feel are the .ost t.portant and they aake the
presentation to the Highway Com.isston. Ms . Roaans stated that the
projects they would 11 ke cons ide red address four corridors : Santa
Fe, U.S. 285, Belleview, and South Broadway . She explained the
need for the i~rov.ants In th ese areas.
COUNCIL IOIEI IILO ROVED, COUNt IL MEMEI IUDSIWf SEC.O TO AHlO¥E THE
PIDJECTS FOI FISCAL YEAI 1111/lt HIIHMAY Mall PIOIIAR. Discussion ensued .
Ayes : Council ~r Van Dyke, Vobejda, Kozacek, Btlo, Brad -
Nays :
Abstain :
Absent :
tlon carried.
(d)
shaw, Otis
None
None
Council r Htgday
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Englewood City Council Minutes
September 21, 1987 -Page 8
COUNCIL BILL NO. 65, INTRODUCED BY COUNCIL MEMBER VAN DYKE, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE VACATING RIGHTS -OF -WAY IN THE PHASE III AREA OF
THE DOWNTOWN REDEVELOPMENT AREA BOUNDED BY ENGLEWOOD PARKWAY, SOUTH ACOMA
STREET, AND HAMPDEN/U.S . 285 , ALL IN THE COUNTY OF ARAPAHOE, IN ENGLE -WOOD, COLORADO.
COUNCIL MEMBER VAN DYKE MOVED, COUNCIL MEMBER IILO SECONDED, TO APPROVE COUN-CIL IILL NO. &5, SERIES OF 1987.
Niys:
Ayes: Council Member Van Dyke, Vobejda, Kozacek, Bilo, Brad -
shaw, Otis
None
Absh in: None
Absent :
Motion carried. Council Me.ber Higday
COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE VACATING A 3Zl-FOOT STRIP, BUT RfTAINING AN
UTILITY EASEMENT THEREIN, ON THE NORTH SIDE OF VEST GIRARD AVENUE AT THE
NORTHEAST CORNER OF WEST GIRARD AVENUE AND SOUTH ELATI STREET, COUNTY OF ARAPAHOE, IN ENGLEWOOD, COLORADO.
COUNCIL MOIIEI IUDSIWI MOVED, COUNCIL MOIIEI ltOZACEK HCOIIKD, TO AmOVE COUNCIL IILL MO. &&, SEIIES Of 1117.
Ayes : Council Me.ber Van Dyke, Vobejda, Kozacek, Bllo, Brad -shaw, Otis
Nays : None
Abstain : None
Abstnt:
Molton carried. Council Mttlbtr Hlgday
c
(e) Dt..-ctor of Utilities Fonda presented a reca.endation fro~~ th
Water and r Board to adopt a bill for an ordinance approv lft9
annexation of property In Suppl nt 131 , located north of County
Un Road and st of South Holly Str t, to th Sou h Arapa Sanitation District.
JL 81ll S9, ROOUCEO 8 C ll
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Englewood City Council Minutes
September 21, 1987 -Page 9
COUNCIL MEMBER VOBEJDA MOVED, COUNCIL MEMBER IILO SECONDED TO APPROVE COUNCIL
BILL NO. 59, SERIES OF 1987.
Ayes: Council Member Van Dyke, Vobejda, Kozacek, Silo, Brad-
shaw, Otis
Nays: None
Abstain: None
Absent:
Motion carried.
Council Member Higday
(f) Director of Utilities Fonda presented the reca..endation fro. the
Water and Sewer Board to adopt a bill for an ordinance approving
the exclusion of property located just north of East Orchard Road
and west of South University Boulevard fro. Suppl~nt 13Z to the
South Arapahoe Sanitation District.
COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER VOBEJDA, WAS READ BY TITLE:
A Bill FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 3Z FOR PARCEL •D• TO
SOUTH ARAPAHOE SANITATION DISTRICT'S CONNECTOR'S AGREEMENT WITH THE CITY
OF ENGLEWOOD FOR EXCLUSION FROM THE SOUTH ARAPAHOE SANITATION SERVICE
AREA .
CCUICIL NEitiEit YOIE.JDA NOYED, CCUICIL IOIEit YM DYlE SECCIIKD, TO APNOYE
CCUICIL I ILL NO. 60, SEitiES OF ltl7.
c
Ayes : Council "'-btrs Van Dyke, Vobt j da, lozacek, Bilo,
BradshiW , Ot h
Nays : Mont
Absta in:
Absent:
t on carried.
None
Council er Higday
(g) Director of Utiliti s Fonda pres nttd ndatlon fr th
Wat r 1nd S r Board o adopt a btl 1 for an ord nan ce 1pprovtng
1nnexat1on of prop rty in Suppl nl 133 for Curtis Par to lh
Sou th Arap1hoe S1nit1tlon District.
BILL • 61, ll S READ BY Till£:
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Englewood City Council Minutes
Septa.ber 21, 1987 -Page 10
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(h) Mr. McCown presented i rec~ndition fr0111 the City Minager to
idopt i bill for an ordinance approving a 1/2 cent sales tax in-
creise effective DeceMber 1, 1987 . He noted thit the City's sales
taxes are collected ipproxi .. tely a .onth in arreirs, so this would
illow a full 12 .onths collection for 1988. The ordinince does not include food.
COUNCIL BILL NO. 63, INTRODUCED BY COUNCIL MEMBER VAN DYKE, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTIONS 4 AND 5,
ENGLEWOOD MUNICIPAL CODE 1985, REFLECTING AN INCREASE OF SALES AND USE
TAX IN THE CITY OF ENGLEWOOD BY ONE-HALF CENT ON EACH DOLLAR FOR A TOTAL
CITY SALES TAX OF 3.501 ON EACH DOLLAR.
COUNCIL NEMEI VAll DYICE MOVm, COUNCIL MERIEl IILO SECONDm, TO APPROVE COUN-
CIL IILL 10. 13, SERIES OF 1987. Discussion ensued. Council Me.ber Van Dyke
stated that she wished they didn't have to do this, but thit she felt it WiS
an interi• step in attending to our i ... diate deficit proble.s, with the in-
tent that in six .onths they would sit down iS a Council and re-evaluate the
situation. Council Me.ber Bradshaw stated that it was her understanding that
the sales tax increase would be reviewed every six .onths. She suggested Sec -
tion 3 be ... nded to read: The City Council will review the iMPosition of this
increase in sales and use t1x every six .onths. Discussion ensued.
COUNCIL 101£1 IUDSIWI MOVm, COUNCIL MERIEl VAll DYICE SEc.m TO MDI) COUN-
CIL IILL 10. 13, SECTI. l TO IUD1 THE CITY COUIICIL MILL IEVIO THE IIIPOSI· n• Of THIS IMCIUSE II SALES ... USE TAl EYEIY 511 IIOITHS.
Ayes: Council Me.bers Van Dyke, Vobtjda, Kozacek, Bilo,
Nays :
Abstain :
Absent :
lion carried.
Bradshaw, Ot 1s
None
None
Council r Hi9day
COUIICIL lOVED, COUIICIL MDI£1 VAll DYICE S£CCIIDED, TO APPROVE
COUIICIL IILL 10. 13, 501£5 Of ltl7 AS MOIKD. Dtscusslon on the original nsued.
(I)
A s: rs Van Oy t, Yo jda, ot ce , Bllo,
y
an or ·
1 al
Gold I . •
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Englewood City Council Minutes
September 21, 1987 -Page 11
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COUNCIL BILL NO. 64, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND
ATTEST A QUIT CLAIM DEED CORRECTING THE LEGAL DESCRIPTION OF REAL PROPER-
TY PREVIOUSLY TRANSFERRED BY MEADOW GOLD DAIRIES, INC. TO THE CITY OF ENGLEWOOD.
COUNCIL MEMIER IILO MOVED, COUNCIL MEMBER VOIEJOA SECONDED TO APPROVE COUNCIL IILL NO. &4, SERIES OF 1987.
Ayes: Council MeMbers Van Dyke, Vobejda, Kozacek, Bllo,
Bndshaw, Otis
Nays: None
Abstain: None
Council Me.ber Hlgday Absent:
Motion carried.
12. Manager's Report
Mr. McCown did not have any •atters to bring before Council .
13 . City Attorney's Report
Acting City Attorney Reid requested that the City Council authorize her,
on behalf of the City, to join an Industrial Gas Anti -Trust litigation
Suit against certain Industrial gas distributors In the United States,
fro. which It Is believed the City purchased so.e Industrial gas . And to
also agree to a covenant not to sue once we are joined In that Class Ac -tion Suit .
COUN CIL MEMBER BILO MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO AUTHORIZE ACT -
ING CITY ATTORNEY REID ON BEHALF OF THE CITY OF ENGLEWOOD TO JOIN AN IN ·
OUS TRIAL GA S ANTI -TRUST LITIGATION SUIT AGAINST CERTAIN LIQUID GAS DISTRIBU ·
TORS IN THE UNITED STATES AND TO AGREE TO A COVENANT HOT TO SUE ONC E W£ AR E
JOI NED IN THAT CLASS ACTION SUIT.
Ayes: Co uncil ~rs Va n Dyk e, Yobe j da , Kozace , lllo,
Bradsha w, Ot 1s
Nays :
Abstain :
Abs nt :
tton carried .
14. &eneral Dts tusst on
(a) Mayor 's C otc
None
n
Coun 11 r Hlgday
M yor Otis did not ev ny tt rs to bring for Council . I .
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Englewood City Council Minutes
September 21, 1987 -Page 12
(b) Council Member's Choice
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( i) MAYOR OTIS MOVm, COUNCIL NEMER IILO SECONDm, TO APPOINT
NR. RICHARD .JOUC TO THE PLAIIIIN& AND ZONIN& COIIUSSION FOR A TERM
EFFECTIVE IMMEDIATELY, EXPIRIN& FEBRUARY 1, ltll.
Ayes: Council Member Van Dyke, Vobejda, Kozacek, Bilo, Brad-shaw, Otis
None Nays:
Abstain: None
Council Me.ber Higday Absent:
Motion carried.
Councfl "'-bar Bradshaw questioned the authorization for a letter dated August
11, 1987 that Mr. McCown sent to State Representative 8111 Owen . She request -ed that he provide her with background infonaation .
15 . Adj..-.-nt
CGUIICIL ._. VM DYU 11WtD TO AD.JOI.. The •ettng adjourned at 9:15 P·•·
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P R 0 C L A M A T I 0 N
~IHEREAS, the Englewood Business and Professional Women 1 s
Club strives to elevate the standards and to promote the
interests of business and professional women in business and in their professions; and
\IHEREAS, the Club also strives to bring about a spirit of
cooperation among business and professional women of the United States; and
WHEREAS, women comprise almost half of the employed
population of this country thereby substantially contributing to
a sound working structure in the United States; and
WHEREAS, Counci l desires to honor America's working women
who are devoting their time, talents and energy to encourage and
assist other wom n in obtaining education and extending to them
opportunities in the business world;
OW, TH REFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of Octob r 18
through 24, 1987 as
tiATIONAL BUSINESS NOMEN 1 S WEEK
in th City of !nqlevood and urge support for this Club and the
work inq w n of this community.
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P R 0 C L A M A T I 0 N
WHEREAS, one of the basic aims of the Veterans of Foreign
Wars, as set forth in its Congressional Charter, is "to foster
true patriotism;" and
UHEREAS, the Voice of Democracy Scholarship Program is
sponsored by the Veterans of Foreign Wars of the United States
and its Ladies Auxiliary; and
liHEREAS, the Voice of Democracy Scholarship Program, in its
41st year, provides an opportunity for high school students to
think, write and speak up for our country and for freedom and
democracy; and
WHEREAS, this year'• theme, "America's Liberty -Our
Heritage• focuses the attention of youth on their role as the
leaders of tomorrow and how their guidance will preserve
democracy as a way of life in our Republic; and
WHEREAS, an active, dedicated and reaourceful citizenry la
vital to the preservation of freedom •• our nation embarks upon
its third century.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim October 5 through 9, 1987
as
VOICE OF DEMOCRACY WEEit
d, and I call upon 10 h, ll h and 12 h
in our achoola to think, wr i e and • k u for
to addr 11 the th • ric •a Lib rty -OUr
ot
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PRESENT:
ABSENT:
OTHERS:
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BOARD OF CAREER SERVICE COMMISSIONERS
May 14, 1987
REGULAR MEETING
9
Toa Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEl-
len Turner, Harry Fleenor, Jr.
None
Gary Kaaaon, Preaident EPBA
Gary Condreau, v. Preaident EPBA
Pete Jueneaann, Preaident EEA
Michael Gruninger, Preaident EFFA
Searl Brier, Eaployee Relation•
Chairperaon Harry Fleenor opened the aeetinq. A roll call was
taken and a quorua waa eatabliahed.
coaaiaaioner Fitzpatrick aoved to approve the ainutes of March
26, 1987. co .. iaaioner Pokraka aeconded. The motion carried.
Next itea on the agenda waa Aaaociation•a Choice. Peter Juene-
aann, EEA/AFSCME Preaident waa preaent, but had nothinq for
qeneral buaineaa.
Gary Kaaaon, Preaident EPBA, waa preaent and queationed the Board
raqardin9 the award Andy McCown waa receivinq for hia involveaent
in Collective Barqaininq proceaa. He atated Andy had never been
involved in the barqaininq proceaa to hie knowledge and they
would like to know about hie contribution. Fitzpatrick clarified
that the award waa for Andy'• contribution to Public
Adlliniatration.
Michael Gruninqer, EFPA Preaident, waa preaent and had nothinq
for the Board.
The next order of buaineaa waa City Kanaqer•a Choice. No buai-
neaa waa brouqht bafore the Board.
Under C ia•ioner'a Choice, Old luain aa, w • R vi o
Griev nc , Diaciplin ry d M r1 Appeal roraa.
n ad a verbal auqge•tion raqardinq a chanq
Merit Appe 1. After auch diacuaaion,
c aoved to leave the de inition aa ia. c
condad, The aotion carried.
cc p th M ri Ap al tona •
r Keraic • condad. The ao ion carried.
he Dl•ciplin ry ora ••
Th ao ion c rr I •
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Commissioner Fitzpatrick moved to accept the Grievance Form with
noted corrections, changing paragraph 5 to read "A. Work day mean
calendar days". ~fter much discussion the motion was dropped.
Commissioner Fitzpatrick then moved to accept the Grievance Form
as presented. Commissioner Kerzik seconded. The vote was 3 ayes
and 2 nayes. Chairaan Fleenor ruled a pass vote.
out of Order, was the hearing of Jim Hall. Commissioner Fitzpat-
rick moved and commissioner Pokraka seconded to dismiss the hear-
ing after Searl Brier handed the Board a written agreement that
had been reached between the City and Mr. Hall. The vote was
unanimous.
Under new business, Commissioner Pokraka moved for approval of
the March and April budget. co .. issioner Fitzpatrick seconded.
The vote was unanimous. co .. issioner Fitzpatrick moved and Com-
missioner Pokraka seconded to pay the Caplan and Ernest bill of
$1204.50. The vote was unanimous.
co .. issioner Fitzpatrick moved and co .. issioner Pokraka seconded
to pay only $744.94 of the Damas and Smith bill, because a
response had not been received on the additional $149.50. The
vote vas unanimous.
Chairman Fleenor stated that the Board had meet in District Court
for the bearing on the Leyden case. Both sides were present for
their oral arquaent. The Judge will give a written decision at a
later date.
correspondence from Mel BeVirt and EEA/AFSCME requesting a post-
ponement of the hearing on Bargaining Unit Classification vas
read. Commissioner Fitzpatrick moved to table the hearing. Com-
missioner Turner seconded. The vote vas unanimous.
Since there were no unscheduled visitors, the .. eting vas adjour-
ned. The next regular .. eting vas set for July 16 , 1917 at 6:30
p.m., i n the Council Chambers •
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BOARD OF CAREER SERVICE COMMISSIONERS
Auqust 19, 1987
SPECIAL HEARING
PRESENT: Toa Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEl-
len Turner, Harry Fleenor, Jr.
ABSENT:
OTHERS:
Nona
Pate Juanaaann, President EEA
Douglas Martin, Appealant
Cindy Martin, Appealant•s vifa
Rick DeWitt, Representing City Attorney
Searl Briar, Employee Relations
Chairperson Harry Fleenor opened the aeating at 6:32 p.a. The
purpose of the -•ting vas to discuss the tiaalinass of the ap-
peal filed by Douglas Martin.
Ri ck DeW i tt vas present to represent the City of Englewood. He
agreed that the appeal vas filed in a tiaely aanner and the Cit y
d i d not consider ti .. linass to be an issue.
Doug Martin vas present and stated he vas ready to precede. Coa-
aissionar Pokraka explained that he did have the right to have an
attorney preaant. Mr. Martin explained that his Attorney vas out
of tovn, but the Board could continue vith the hearing and he
vould represent biaaalf.
The Ci ty presented the i r open i ng state ants . Dou g Ma r t i n than
presented his open i ng stateaants .
Coaai ssi onar Pokraka aoved for Executive Sess i on of the Board .
Coaaissi onar hraie sec onded . The vote vas unaniaous and the
Board a djourned .
Th h aring v • r euaed a t 7 :12 p.a. o f t he .... evening. Al l
abera wa r pr•••n .
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PRESENT:
ABSENT:
OTHERS:
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BOARD OF CAREER SERVICE COMMISSIONERS
Auqust 26, 1987
SPECIAL HEARING
To• Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEl-
len Turner, Harry Fleenor, Jr.
None
Pete Juen .. ann, Preaident EEA
Douglaa Martin, Appellant
Cindy Martin, Appellant•• wife
Rick DeWitt, Repreaenting City Attorney
Lionel Hopaon, Appellant Attorney
Stan Daaaa, Board Attorney
Searl Brier, Eaployee Relatione
Mel BeVirt, Eaployee Relatione Director
Chairperaon Harry Fleenor opened the .. eting at 6:39 p.a. The
firat order of buaineaa waa to receive the diaciplinary appeal
filed by Kevin Sage. A hearing date of Wedneaday, Septeaber 9,
1917 at 6:30 p.a. waa aet to diacuaa the tiaelineaa of the
appeal.
The Board then proceeded with the Martin hearing. Attorney•• and
defendant were preaent.
Mr. Lionel Hopaon, Attorney for Defendant, aoved for a con-
tinuance until the City could co.ply with their own procedure• aa
aet forth in Section 3-lN-98.
Rick DeWitt, repreaent1ft9 the City of EftCJlevood approached the
Board and atated that the procedure• bad been followed and proper
notice haa been given.
Tbe Board aov into xecutive seaaion to conaider the action.
The hearing r.convened th • ev n i ftCJ , and all -..bera were
preaent.
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t>RESENT:
ABSENT:
OTHERS:
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BOARD OF CAREER SERVICE COMMISSIONERS
July 16, 1987
REGULAR MEETING
Tom Fitzpatrick, Cathy Pokraka, Janet Kerzic, JoEllen Turner,
Harry Fleenor, Jr.
None
Gary condreau, v. Preaident EPBA
Pete Jueneaann, Preaident EEA
Searl Brier, Employee Relatione
Chairperaon Harry Fleenor opened the aeetinq. A roll call vaa taken and a
quorua vaa eatabliahed.
Comaiaaioner Fitzpatrick aoved to approve the ainutea of May 14, 1987.
Comaiaaioner TUrner aeconded. The aotion carried.
co .. iaaioner Pokraka .. ntioned that a letter vaa received fro• Stan Daaaa
atatinq the queationed charqea of $149.50 were dropped fro• the career Ser-
vice Board account.
Next itu on the aqenda vaa Aaaociation'• Choice. Peter Juen ... nn, EEA/
AFSCKE Preaident vaa preaent for the hearinq and had no other buaineaa for
the Board.
ry ~aaon, Preaident EPBA, vaa on vacation and Gary Condreau vaa preaent
t had nothin«~ for the record.
Michael Grunin;er, EFFA Preaident, vaa not preaent.
The next order of buaineae vaa City Kana9er•a Choice. Searl Brier vaa
preaent for the b .. rincJ and had no other buaineaa for the Board.
There vaa no Old aineaa for the Board.
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pr&sented to the Board. Commissioner Kerzic seconded. The vote was as
follows:
Toa Fitzpatrick Nay
Janet Kerzic Aye
JoEllen Turner Aye
Cathy Pokraka Aye
Harry Fleenor, Jr. Aye
The Board reconvened. All aeabera vera present. co .. iaaioner Fitzpatrick
moved to deny the disciplinary appeal because it waa filed in an untiaely
manner. Coaaiaaioner Pokraka seconded. The vote vaa unaniaoua. A written
decision will follow.
co .. iaaioner Fitzpatrick aade a atateaent for the record. •Two and half
years ago this .... problea caae up and aoaaone always ends up suffering.
These appeal foraa, with all their descriptions and instructions were
designed to avoid this. Several ti .. a within th~ past two years, it has
been suggested that the Repreaentativea, including the City, set up •••-
siona where instructions on bow to fill out and file these foraa are given
to the eaploy-•. Tbia baa never been done. Tboae in cbarge abould assuae
responsibility to initiate this into action•.
Chairaan Fleenor officially closed the hearing.
The Board aoved into open .. aaion on the budqet. co.aiaaioner Fitzpatrick
aoved and co.aiaaioner 1'\arner aeconded to pre8ent a •status-quo• budget fo r
1911 to the City Council. The aot i on carried .
?aai aaioner Fitzpatrick aoved the Board adj ourned i nto Executive Sess i o n
, diacuaa a Board Attorney •
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
SEPTEMBER 2, 1987
9 t3
The .eeting was called to order at 7:30 p.•. by Chainaan Styes.
Present: Waddell, Mclaughlin, Lunders, Styes
Absent: 8oardlun
The Chainaan declared a quoru. present.
Also present : Charles Grt .. , Legal Counsel
Patricia Crow, City Clerk
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WADDELL MOVED, SECONDED BY MCLAUGHLIN, TO APPROVE THE RESULTS OF THE TELEPHONE
POLL OF AUGUST 19, 1987.
Ayes : Waddell , Mclaughlin, Lunders, Styes
Nays : None
Absent : 8oardlun
The Chatnaan declared the .atlon carried; the results of the telephone poll
are hereby Incorporated Into these •inutes .
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Philip Lyle, Attorney at Law, (Supre.e Court Mo . 3124), appeared on behalf of
YN, Inc ., d/b/a 3912 Liquors, at 3912 South Broadway, Englewood . The
following -.ndllents to the application for a retail liquor store license were
noted:
1.
2.
3 .
4 .
Question 12 of application -address of The Shirley Ca.pany wa s
corrected to re.ct •1540 Vine Street, Denver . •
Date of June 30, 1917 wa s inserted on Individual History Records
of Chouftg Hoa i Vu and Juan Huong Thi Nguyen .
De crlptlon of WacJOftHr changed fro11 •1983• to •1911• on
Personal Financial Stat ... nt of Juan Huong Thl Ntuyen .
T address of the register office of the corpor ation In th
FIFTHs ton of t he Certificate of Incorporation of YN, In c.,
ted to read : •3912 South Broa ay , Ctty or Engl od,
• 80110 .•
to th nfonaat on to pr sen led at th public
S20,000 note list as t ccounts r 1v able on
ts of th appl cant s.
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Englewood Liquor Licensing Authority
September 2, 1987 -Page 2
Attorney Lyle, on behalf of the applicant, confin.ed their approval of the
survey petitioning to be conducted by Oedipus, Inc. Mr. Lyle also stated that
evidence of posting of the property would be presented at the public hearing.
• • • • •
The application for a Special Events Pen.it for St. Louts Catholic Church,
3310 South Shen.an Street, to serve Malt, Vinous l Spirituous Liquors on
October 11, 1987 fra. 10:00 a .•. to 7:00 P·•· was considered. Evidence of
posting of the property was entered into the record. Joan Bau.gartner, Event co-chain.an, responded to questions of the Authority.
MCLAUGHLIN MOVED, SECONDED BY WADDELL, TO APPROVE THE SPECIAL EVENTS PERMIT FOR ST. LOUIS CATHOLIC CHURCH.
~es: Waddell, Mclaughlin, lunders, Styes Nays: None
Absent : Boardllan Motion carried.
• • • * •
Discussion ensued concerning the letter fro. the State liquor Enforc~t
Division with reference to exactly When a liquor license is required In an
unlicensed private place. Mr . Grl .. noted a possible conflict tn this
tnfon.ation. He will research the .. tter and advise the Authority of his findings.
• • • • •
The Authority wu advtstd of pending Corporate Structure Chafttes of Min i Mart,
Inc., 4696 South federal Boulevard, and Skipper's Inc., d/b/a Skipper's SeafOOd, 999 !lest Hallpden Avenue .
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Dtscuss on ensiMd concerning the State's Intention of contfnufng Its practice to establish and .. tntain Master files .
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Englewood liquor l i censing Authority
Septe.ber 2, 1987 -Page 3
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Copies of the transcript of the Show Cause Hearing concerning Hilda's, Inc .,
d/b/a Hilda 's Cafe, 4386 South Broadway, were distributed.
* • * * *
The .. eting adjourned at 8:20 p.•.
City er
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ENGLEWOOD liQUOR liCENSING AUTHORITY
TELEPHONE POll RESULTS IN liEU Of REGULAR MEETING Of
AUGUST 19, 1987
On August 19, 1987, the --.rs of the ltquor licensing Authority were polled
by the City Clerk concerning it .. s listed on the August 19, 1987, agenda with the following results:
1. Approval of the •tnutes of August 5,
Styes
liladdell
Nclaughl tn
lunders
loal"ddlan
Ntnutes approved .
1987
Aye
Abstatn
Aye
Aye
Abstafn
z. Approval of Findings of Fact and Conclusion of approval of Hotel and
Restaurant lfcense for RR Restaurants Z d/b/a Rocky Rococo Pan-Style ptua, 990 Illest .....,... Avenue, EnglMIIOOd CO st,.s ~
lilldde 11 Abs ta f n
NclaugiiHn ~
L...-rs ~
loa~ Abstafn
Ffndt"'S of Fact Md CORClusion approved .
3. S.,t-.r Z, 1987, 1 :00 P ·•· set for art,. date for S,.Cfal Evet~ts ,....ft for St . louh Catholic thurcll ( t -Oct.,. 11 , 1987) st,.s Ate
liladdell
laughlin
l!Mders
IIOiir"CCIIIft
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CITY OF ENGLEVOOO PLANNING AND ZONING COMMISSION
MINUTEs
SEPTEMBER 15, 1987
I • CALL TO ORDER.
9 c ~
The regultr -.eting of the City Pltnning 1nd Zoning Ca..ission Wls ctlled to order 1t 7:00 P·•· by Chtir.tn Ctrson.
Me.bers present: Russell, Allen, 81rbre, Such, Mluntket, Mulhern, Htnson, Ctrson.
Ro.~ns, Ex-officio .
Me.bers tbsent: None.
Also present : Senior Pltnner Sustn Hirsch
II. APNOVAL Of flllllrtS. AUgust 18, 1117
Mr. Ctrson sttted th1t the Minutes of August 18, 1917 were to be considered for 1ppronl .
A 11.,. IIOVed :
Mulhern SKOftded: The Planning Ca.fssfon fl inutes of August 18, 1917 be lp · proved u wri tt.,..
AYES: llrbre, Mluntktt, Such, Mulhern, Russell, Allen , Ctrson . NAYS: llont.
ABSENT: llont .
ABSTAIN: HlnHft .
Of FACT.
Mr . Ctrson shttld thlt t findings of hct fn Cast IZ0 ·81 re to be con-side red for lpprovtl.
IV.
find ng of F ct n Cas IZ0 -87 f r roval.
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Maunakea moved:
Mulhern seconded: The public hearing for Case 119-87 be opened .
AYES:
NAYS: Barbre, Maunakea, Such, Mulhern, Hanson, Russell, Allen, Carson. None. ASSENT:
ABSTAIN: None.
None.
The Chair..n declared the public hearing open.
Neil Dickson
Quaker State Minit lube
1385 Vest 2200 South
Salt lake City wu sworn in for testi-.ny. He called the Ca..h -
sion's attention to the Stiff Report, noting that
their request .. t all landscaping, setback and
signage require.ents. He displayed a picture of the
sign which would be on the site, and described the proposed building .
Mr. Dickson said the traffic pattern would be two -
way, and that o 1 d o 11 w I 11 be stored In underground
double -walled steel and fiberglass tanks which, when
they reach a certain level , wtll be pllllped out and the otl resold .
There were no other persons present who wished to address the Ca..hsfon on this INtter .
Maunakea •ved :
Such seconded : The public hearing for Case 119 -87 be closed .
AYES :
NAYS : Barbre, Maunakea, Such, Mulhern, Hanson , Russell, Allen, Carson . None .
AISOfT : None .
AISTAIN :
Allet~ .Wed :
Barbre sec onded :
A
T :
A8S(NT:
AI TAl
v.
T Cond iti ona l Us for a Min t t lube at 4190 South Bro ad -
way for an aut o dr tve -thr'041gtt l ubr t cat l ng and otl ell a busl~tess be approved prov i ded all Ctty requt ts art
t and t use s n co.plt ance with t pl s tc filtd th t Ctt
, H nson, Ru 11, All , t ron .
·1 7.
c Ill 7
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AYES:
NAYS: B1rbre, M1un1ke1, Such, Mulhern, Hanson, Russell, Allen, C1rson. None.
ABSENT: None.
ABSTAIN: None.
The Chaf~n decl1red the hearing open.
Robert Ha.ervold
RMA Architects
1821 Blake was sworn In for testf.,ny. Mr. H-rvold said the
Southland Corporation would like to build a 7-Eleven at
the southwest corner of Dar~uth and Broadway. There
will be three gas pu.ps close to the corner, and the store
will be towards the rear of the lot. The site fs 1/2 acre
In area, and 3,000 square feet of landscaping wfll be pro -
vided. Ash trHs, rather than the silver -leaf aaples they
had originally planned on wfll be planted at the sugges -
tion of the City staff. There will be a canopy over the
pu.ps, the building will be brick. Sfgnage Is well within requfre~~ents. Southland wfll be widening Dart.,uth,
creating a new sidewalk and turning radius . The handicap riiiP wt 11 be redone .
Mr. Lou Caprtoglto
7167 South Alton Way was sworn tn for testt~y . He utd that for the
~t. Southland plans to keep open the old 7-Eleven
whtch ts about stx blocks fro. the subject stte, as
well as the new store . It ts possible that the
older, saaller store will be closed If the new store
reduces the business of the older store .
Mr . w-rvold retur'Md to the PGdt•. He stated they would prov t de a
new ftre hydrant and relocate a power pole 011 the pert•-
ter of the site at the request of the City Staff .
Susan Hl r sc
Stn for Planner
t
was
lJ
rn I n for test ..,..,, Sou thland
t tt .
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There were no other persons who wished to address the Ca.ission on this matter.
Maunakea 1110ved:
Allen seconded: The public hearing for Case 122-87 be closed.
AYES:
NAYS: Barbre, Maunakea, Such, Mulhern, Hanson, Russell, Allen, Carson. None.
ABSENT: None.
ABSTAIN: None.
Maunakea 110ved:
Allen seconded: That Southland Corporation be granted a Conditional Use
for property located at 3101 South Broadway to build a 7-
Eleven store with three gas pu.ps in confonaance with the plans which were sut.itted.
AYES: Barbre, Miunakea, Such, Mulhern, Hanson, Russell, Allen, Carson . NAYS: None .
ABSENT: None .
ABSTAIN: None.
CAS( 111-17
Stnce no ,..,,..setthttves fro. Angle Tree re present,
A 11 en 110ved :
Mulhern secOftded : That COftstderatiCNI of the Angle Tree Subdtvtston be tabled
until the retUlar .. tt119 of the Phnnt"9 Ca.tsston on
S.,ttllber ZZ, 1917 at 7:00 .
AYES : Barbre , unakea, Such , Mill rn , HansOft , Russell , Allen, Cars011 . NAYS :
ABSENT :
AISTAIN :
1.
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2. On U.S. 2B5. Study for increuing carrying capacity and safety, espe-
cially at the Broadway Underpus. Upgrading the intersection at South
University Boulevard by lengthening the southbound left turn lane.
3. Belleview. Upgrade the stgnaltzatton of the South logan intersection.
Study prevailing and projected roadway and service conditions to develop
standards for corrective .. asures to be required of persons constructing
new develop-.nts which will have access to West Belleview Avenue.
Construction Projects on the Federal Atd Urban Syst .. include t~rova..nts to
South Broadway, and an extension of two bike trails.
A 11 en IIOVed:
Maunakea seconded: That U.S. 2B5 be reca..ended as of first i~rtance, South
Santa Fe Drive t~rova..nts second, and Belleview, third,
and that the Work Progra. as proposed be sent on for Coun-cil consideration .
AYES:
NAYS:
ABSENT:
ABSTAIN :
VIII.
Barbre, Maunakea, Such, Mulhern, Hanson, Russell, Allen, Carson. None .
None.
None .
IIUILIC FOIIIR.
Mr . Carson welco.ed Counctlwo.an Van Dyke fro. District 2 to the .. ettng.
II. DII£CTOI'S CHOIC£.
Mrs . Ro.ans satd that Mr. Magnuson had resigned fro. the Co.atsston to take a
posttton tn San Otego. She said that Council ts expected to appoint a re -
place•nt at the Sept811ber 21 Council .. ttng. Mrs . Ro.ans ,...tnded the Co.-
•tsston that the . next .. ttng would be on Sept811ber ZZ, and the Angle Tree
Subdivision would be considered and the SU9CJested changes to the landscape
ordinance, ..tltch wre sut.ttted by the Greater Englewood Chlllber of Ca..erce co.atttM.
Mrs . Ro.ans said that s had .. t with the Ctty Manager concerning the Capital l~rov nts su~itted by the Co.atssion. She satd the City Manager wanted to
1ssure the Co.atsston th1t t se are being considered, but to re.ind th tha th rt ts little ~Y tvtfltblt .
that sh nfor. th C tsston th1 th T1s n re cttvattd by ORCOC .
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Carson 110ved:
Allen seconded: Doyet Barbre be elected Vice Chain.an, replacing Mr. Magnuson.
AYES: Maunakea, Such, Mulhern, Hanson, Russell, Allen, Carson . NAYS: None.
ABSENT: None.
ABSTAIN: Barbre .
The Chatnun declared that Mr. Barbre would be the new Vtce Chainun.
Mr. Allen noted that hts trash costs have risen.
The .. ttng adjourned at 8:15.
~ 4~ shiJ"YSies:hCOrat,; \.t.ry
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9 E
<R>INNO: NO .
5ElUES OF 198~
BY AlJI'IDUTY
AN CR>INNCE ~ SUPPlDIENl' NO. 31 ~ PAICEL "A" 'ro &Xml ARAPNIE
SANITATI~ DISTRICT'S ~·s ~ wrm 'mE CITY C»' E1G..EXXD TO
neLliE AOOITICIW. LN«l wrmiN 'niEIR DISTRICT BClHWUES.
~. South Arapahoe Sanitatioo District desires to annex an
additiooal area ~tely 6 .29 acres into ita District; .-ld
tR'JtF.AS, sa!~ area is nc::..r zoned foe aingle-fauly reaic8ltial u.e .-ld
the propoeal is for it to n.ain single-family residential; .-ld
NDFAS, said annexat oo of this additlooal parcel of land will not
increase the tap allocatioo to the South Arapahoe Sanitatioo District; and
\IIDFAS, It 1s necessary for said District to aaEnd ita cx:ntracts with
the City of Olgl to incl this add\tional land within the District;
, ~. BE IT ~ BY 'nlE CITY
EH:iLI!JIXD, ~. tha :
1 1.
1 7 .
n. (;, THE CITY CE
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Published by title as Ordinance No. _,
day of October, 1987.
ArreST:
Patricia H. Crow, city Clerk
series, of 1987, on the 7th
&Jgene L. Otis, Mayor
I, Patricia H. Crow, City Clerk of the City of &ogla«XXd, Coloca&:>,
henlby certify that the abcNe and foregoing is a true, aoc:urate .-ld
~lete CXlPY of an Ordinance passed on final reading and published by
title as <k'dinanoe No. _, series of 1987.
Patr.tc.ta H. Crow
•
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..... ...:..
SUPPLEMENT NO. 31 TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY or
ENGLEWOOD, acting by and through its duly authorized Mayor and
City Clerk, hereinafter called the "City,• and SOUTH ARAPAHOE
SANITATION DISTRICT, Arapahoe County, Colorado, hereinafter
called the •District,•
WITNESSETH:
WHEREAS, the City and the District have entered into an
Agreement dated June 19, 1984, in which the City has agreed to
treat sewage originating from the District's sanitary Sewer
syste• within the area served by the District, and
WHEREAS, said Connector's Agree .. nt provides that the
District •ay not enlarge its service area without the written
consent of the CityJ
NOW THEREFORE, in consideration of the •utual covenants and
undertakin9s h rein se forth, the parties a9ree as follows1
1. The Ci y hereby cons n • to the inclusion o! certain
addt ional ar a located in Ar p ho County, Colorado, n 4 by
Corpora ion, 2 25 Six e nth S
, Colorado IOU xh i A
y ret r nc , in o ou h
y d
d in o
ll ln
Wl r' A l I 1 ...
••
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Accordinqly, Exhibit A referred to in Paraqraph 1 of the
Connector's Aqreement dated June 19, 1984, is hereby aaended to
include such additional area.
2. Each and every other provision of the said Connector's
Agree .. nt dated June 19, 1984, shall remain unchanged.
IN WITNESS WHEREOF, the parties have set their hands and
seals this-------day of---------' 1987.
ATTEST:
ctfY ctnl
(S I! A L)
A I.)
CITY OF ENGLEWOOD
ly:
~MA~Yxo:a--------------------
SOU'I'II ARAPUOE IAIIITATlOit DIH'aiCT
l y:
;,~~~5~1~0~=--------------------
••
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Property Description:
A tract or parcel of land located in the Southeast corner of
the Southeast One-quarter (SE1/4) of Section 14, Township 5
South, Range 68 West of the Sixth Prin~ipal Meridian, City
of Greenwood Village, County of Arapahoe, Stat~ of Colorado,
more particularly described as follows:
Beginning at the Southeast corner of said Section 14 (said
point being a survey cap inside a City of Greenwood Village
range box); thence
N. 89° 59' 56" W., a distance of 835.00 feet along the South
line of said Section 14 to a point; thence
N. 01° 18' 44" E., a distance of 30.00 feet to the TRUE
POINT OF BEGINNING, said point beins a 518" rebar, 18" lons,
with an alloy survey cap sta•ped CHICHESTER PLS7735 (Note:
this gin and cap replace a found bent-over rebar); thence
N. 01 18' 44" E., a distance of 40.00 feet to a point on
the North ri&ht-of-way of East Orchard Avenue as per Green
Oaks Subdivision, said point beins a 5/8" rebar with an
alloy cap sta•ped CGV ROW PLS7735; thence
N. 89° 59' 56" W., a distance of 175.96 feet alons the North
risht-of-way of East Orchard Avenue-and the South line of
Tract "0" as platted on the Green Oaks Subdivision, to a CGV
pin agd cap; thence
N. 00 05' 28" W., a distance of 429.63 feet alona the Vest
line gf Tract "0" to a pin and cap stamped HSH LS2568; thence
N. 89 59' 15" E. a distance of 60•.02 feet alona the North
boundary of said Tract "0", then alon& the South boundary of
Green0 0aks Subdivision to a point set by intersection; thence
S . 01 17' 56" W., a distance of •69.83 feet to a point on
the North line of a 30 toot ri&ht-of-way or East Orchard
Avenus; thence
N. 89 59' 56" w. I a distance or .18 .05 reet to the TRUE
POINT ~F BEGINNING.
Contains ln all 6 .29 acres, more or lesa.
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SOUTH ARAPAHOE I SOUTHGATE SANITATION DISTRICTS
HERITAGE GREENS
INCLUSION AND EXCLUSION
VICINITY MAP
0
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-· ~~.._A/~ ....... __ ,__, ~-~'{_/_ ---·-. . ...._._ . =
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<Rl:INNCE NO.
smu:s <F 198~
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9 F.
CXXH:U.. BILL r«:>. 60
nmun:m BY cxucn.
M1MmR VOBEJDA
AN <RliNNCE APPIOIDI:; 5lPPiaefr r«:>. 32 FeR PAR:EL •0" ro &lJ'm AIW'NIE
SANITATI~ DIS'nUCT'S ~·s AGRI!BtENl' WI'l1f 'l1IE CIT!C <F ~ FeR
EICCLUSI~ FIOt 'l1IE !nm1 AIW'AIIE SANI'lM'I~ SERVICE MFA.
IH!:REAS, South Arapahoe Sanitation District ctaa.lres acluaioo of an
area appl"CCXiJMt.ely 5.904 acres frca its District; and
IH!:REAS, said area is being ci!Mtlopeci for ainqle-f.Uly reaidl!lntial
use; and
~. said exclusion of this parcel of land vill not increue oc
c1ecreue the tap allocation to the South Arapahoe Sanitatioo District; and
"'IERF.AS, It ia neoeaaary for said District to ~ ita ccntr.:ta vith
the City of l'.ngl8I«<C::d to DCl thia land vithin the District;
, 'ftl!iiCEI'OkE, liE IT c:R»..M'D BY '111£ CITY CXUCIL CIP '1'1£ CI'l'r CIP
!J«ll.IMXJ), CXJ:I»N:/0, that:
a.et a\ 1. ,. the ~ty of P.nglacxld and South Ar~ Sliiltatioo District attitled •tqlplB a •t J«). 32 To Oomeetor''a --ant• foe PKOI.l "0" be and heRby ld oiiFPI'CMid· A ocpy c.f M.1d --ant 1 ar::Nd hereto and ii"'I.:XlqlQrated ln by m
t:ntJr:or.'IUOIId,
511!::~t•llbl~, 1 7 •
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Published by title as Ordinance No. , Series of 1987, on the 7th day
of Q:tciJer, 1987. -
A'l"lml':
Jbjene L. Otl.&, Mayor
Patricia H. Crow, city cle:rtt
I, Patricia H. Crow, City Clerlt of the City of lb]l.alcod, Colorad?,
hereby certify that the ilbcNe and tangoing is a true, accurate and
CXJII)lete copy of an Ordinance paseed on final readinq and ~liahed by
title u Ordinance No. _, Series of 1987 .
Patrtcia H. Croll
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SUPPLEMENT NO. __ 3=-~---TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY or
ENGLEWOOD, acting by and through its duly authorized Mayor and
City Clerk, hereinafter called .the •city,• and SOUTH ARAPAHOE
SANITATION DISTRICT, Arapahoe _County, Colorado, hereinafter
called the •District,•
WITNESSETH:
WHEREAS, tha City and the District have entered into an
Agreeaent dated June 19, 1914, in which the City has agreed to
treat sewage origi nating froa the District • s sanitary Sever
syst .. within the area served by the District, and
WBEREAS, the individuals and/or business entities n ... d
herein below have petitioned the District to have certain
properties excluded froa the District boundaries' and
WBBaEAS, the parties wish to acknovled9e changes in the
boundaries of the .. rvice area and obtain the vr itteD consent of
th city for such changes 1
1.
TBI ro , in consid ra ion of th
T
s h r n • ar 1 • • toll as
c y h r by eons n a o h exclueion of c rt
d by h oll
n
d a.n Ara coun y, Colorado,
fully d ecri d n th
o and n orpo
ni a ion Dia ic 1
n4n
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PETITIONERS
a. Celebrity Development Corporation
b.
c.
d.
••
2525 Sixteenth Street, 1225
Denver, CO 80211
A.J. ' Heather ~och
7842 S. Glencoe Way
Littleton, CO 10121
Williaa ' Maureen Cobb
7141 s. Glencoe Way
Littleton, CO 10121
Roger A. ' •athy A. a.ith
7151 1. Gelencoe Way
Littleton, 00 10121
Willi
7 131
• ' M ry Je n fountain
71
Li
w y
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Way
• 121
a Gontal 1
EXHIBIT
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AccordinCJlY, Exhibit A referred to in Para9raph 1 of the
Connector's Agreement dated June 19, 1984, is hereby ... nded to
exclude such area.
2. Each and every other provision of the said Connector's
A9reement dated June 19, 1984, shall r ... in unchan9ed.
IN WITNESS WHEREOF, the partie• have set their hand• and
•eal• thi• day of , 1987.
ATTES'l'r
CITY CLEU
(S I A L)
A 'ft
A L)
CITY OF EMGLEWOOD
By: ~MA~Y~O~.--------------------
I'1'A'1'1 DII'TUC'I'
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EXHIBIT A
That portion of Lot 42, Block 9, ·Heritage Greens Filing No.
3, as platted in the Arapahoe County records under Reception No.
2101904, State of Colorado, that lies within the parcel of
property described as follows :
CO~MENCING AT THE SOUTHWESTERLY CORNE~ OF LOT <2 , BLOCK 9,
HCRITAGE GREE9S SUBOIVISION FILING NO. l, SAID POINT IEI~G THE
POINT OF B£GIMNING; THENCE N42"06'44"W AND ALONG TH£ LINE BETWEE N
LOT 42 AND 4), BLOCK 9, A DISTANCE OF 12S .OO FEET; THENCE
t:l9"49'li"W A DISTANCE OF S0.04 FEET TO TH£ SO UT!-:\iE STERLY CORNER
OF LOT 27, HERITAGE GREENS SUBDIVISIO U FILING NO. l; THENCE
NO"Oi'H"W AUD ALOI'G THE LIN£ BET\oiEEN LOT 27 AND LOT 11, BLOCK
7, HE~ITACE GREE~S SUBDIVISION FILING ~0 . 3, A DISTANCE OF 110 .0D
FEET; THENCE N~7"Sl'l'"E AND ALONG THE REAR LIME OF LOTS 2S, 26
AND l7, BLOCK 7, HERITAGE GREENS SUBDIVISIOtl FILING NO. 3, A
OISTA~C£ OF 230 .9~ FEET TO THP. NORTHEASTERLY CORNER OF LOT lS;
THENCE S24°29'SO"W A DISTANCE OF 69.Sl FE!T; THENCE Sl8"07'S4 "E A
DlSTANC! OF 21~.77 FEET; TnENCE SS1"52'06"W A DISTANCE OF 125.00
FEET; Tt!f:IICE Sl6"li'57"E A DISTANCE OF 35.40 FEET TO A POINT OH
~HE aEAR LIME OF LOT 42, BLOCK 9, HERITAGE GREENS SUBDIVISION
FILING tiO . ); THENCE 547"5l'U•w AND ALONG THE REAR LINE OF SUO
LOT 42, BLOCK 9, HERITAGE GREENS SUBDIVISION FILING NO . ), A
DISTANCE 07 12.74 FEET TO THE POINT OF IEGINHING, CONTAINING
0. 914 ACRES.
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EXHIBIT B
That portion of Lot 41, Block 9, Kerita9e Greens Filin9 No.
3, as platted in the Arapahoe County recorl!s under Reception No.
2101904, State of Colorado, that lies within the parcel of
property described as follows:
COHH£MCIMG AT THE SOUTHWESTERLY CORNER OF LOT 42, BLOCK 9,
KEiUTAG£ GREtiiS SUBDIVISION FILING NO. ) , SAID POIMT I!ItiG THE
POINT OF .ItGISHIMG; THENCE N42"06'44"W AND ALONG THE LIME BE~~tEN
LOT 42 ;;.NO 0, BLOCK .9, A DISTANCE OF 125 .00 FEET: THENCE
tll9"49'18"W A DIST-'NCE OF 50.04 FEET TO THE SOUTH\iESTtRLY CORIIER
OF LOT 27, HERIT-'G£ CREENS SUBDIVISION FILING MO. ); THENCE
N¢2"06' 44"W AND I.LONC THE LINE BETWEEN LOT 27 AND LOT 21 ., BLOCK
1, HE~ITAGE CREEIIS SUBDIVISION FILING MO. ), A DISTANCE OF 110.00
FEET; THENCE N47"5)'16"E AND ALONC THE REA~ LINt OF LOTS 25, 26
AND 27, BLOCK 7, KtRlTAGt GREENS SUIDIVISION FILINC NO. l, A CIST~NCE OF 230.95 FEET TO THF. MOP.T~EAS~~~LY CORN!R o; ~T 25;
THENCE S24 "29'50"W A DISTANCE OF 69.53 FEET: THENCE Sli "07'54"E A
DISTANCE OF 2)4.77 PEETI THENCE SS1"52'06"W A DISTANCE OF 125 .00
FEET; ttiENCE S16"11'57"E A DISTANCE OF )5.40 FEET TO A POINT ON
THE REAR LIN£ OF LOT 42 , ILOCK 9, HERITAGE CREEKS SUBDIVISION
FILINC MO . l1 THENCE 547°5l'l6"W AND lLOMC THE REAR LIME OF SAID
, LOT 42, ILOCK 9, BERITACE GREENS SUBDIVISION FILING MO. ), A
DISTANCE OF 12.74 FEET TO THE POINT OF IECIMNING, CONTAININC
0. 914 ACRES.
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EXHIBIT C
That portion of Lot 26, Block 7, Heritaqe Creens Filinq No.
3, as platted in the Arapahoe County records under Reception No.
2101904, State of Colorado, that lies within the parcel of
property described as follows:
COMMENCING AT THE SOUTHWESTERLY CORNER Or LOT 42, BLOCK 9,
HERITAC£ CREENS SUBDIVISION FILINC NO. l, SAID POINT BEING THE
.POiNT OF BECI~NINC; THENCE N42°06'44"W ~NO ALONG THE LINE BETWEEN
LOT 42 ~D 4}, BLOCK 9, A DISTANCE OF l2S.OO FEET; THENCE
Nl9°49'li"W A DISTANCE OF S0.04 FEET TO THE SOUTHWESTERLY CORNER
OF LOT 27, HEaiTACE GREENS SUSDIVISION FILING NO. l; THENCE
ti42°06'44"W AND ALONC THE LINt BETWEEN LOT 27 AHD LOT 21, BLOCK
7, HERITAGE CRE~NS SUBDIVISION riLINC NO . l, A DISTANCE OF 110.00
FEET; THENCE N47"Sl'l6"E AND ALONC THE REAR LINE OF LOTS 25, 26
AND 27, BLOCK 7, HERITAC£ CRt!NS SUBDIVISIOU FILINC NO. l, A
CISTANCE OF 230.95 FEET TO THE NORTHEAS~!RLY CORNtR OF LOT 25;
THENCE S24.29'50"W A DISTANCE OF 69.5} FEET; THENCE Sli 0 07'54"E A DISTAHC~ OF 214.77 FEET; THENCE SS1°52'06"W A DISTANCE OF 125.00
FEET; THZHCt Sl6°11'57"t A DISTANCE or )5.40 FEET TO A POINT OH
THE RE~R LINE or LOT 42, BLOCK 9, HEIITACE CREENS SUBDIVISION
FILINC NO. l; TftENCE S47°Sl'l6"W AND ALONC THE REAR LINE Of SAID
LOT 42, BLOCK 9, HtliTACE CREENS SUBDIVISION FILIMC NO. l, A
DISTANC! OF 12.74 FEET TO THE POINT or BECINNINC, COMTAININC 0 . 91 4 ACRES .
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EXHIBIT D
That portion of Lot 27, Block 7, Herita9e Greens Filin9 No.
3, as platted in the ~rapahoe County recor~s u~der Reception No.
2101904, State of Colorado, that lies within the parcel of
property described as follows:
CO~MtNCI~G AT THE SOUTNWESTE~LY CORN~R or LOT <2, BLOCK 9,
~ER!TAG~ G~EE~S SUBDIVISION FILING NO. l, SAID POINT BtiNG THE
POINT Or IEGHHIING; Tli!:NCE N42"06'44•w A~IO ALONG Tli~ LIN£ BET\oi£EPI
LOT 42 AND 43, BLOCK 9, A DISTANCE OF 125.00 FEET; THENCE
tll9 "49 'll•w A DISTAMCE OF 50.04 FEET TOTti!: SOUT!!•.;~ST£!\LY CORIItR
OF LOT 27, HE~ITAG£ GREENS SUBDIVISIO~ FILING NO. l; THENC~
N42"06'H•w AND ALONG THE LIN£ BETWEEN LOT 27 A~lO LOT 21, BLOCK
7, HE!\ITAGt G~EE~S SUIOIVISION FI~ING ~0. 3, A DISTANCE OF 110 ,00
FEET; THENCE N47"5l'li•t A:ID ALONG THE lltEA!\ LINE OF LOTS 25, 26
A~D 27, ILOCK 7, HEIItiTACt G!\ttss SU!OIVISION FILING NO . 3, A
CISTANC! OF 2)0.9! FEET TO TH~ NO~THtAST!!\LY CORW£~ OF LOT 25 ;
THE~CE 52C"29'50•w A DISTANCE OF 69.53 FEET; THENCE Sli.07'Sc•t A
DISTANCE OP 2)4.77 FEET; THENCE 551"52'0o•w A DISTANCE OF 125 .00
FEET; Tl!tNC! su•u '5,.E A DlSTAt:CE OP 35.40 FEET TO A POINT Ott
TI!E REAR LINE OF LOT 42, BLOC~ 9, HERITAGE CR!~NS SUBDIVISION
FILING NO . ); TK!NCE S47°5l'16"W AND ALONG THE R!AR LIM£ OF SAID
LOT 42, ILOCK t, KtlltiT~Gt GREENS SUBDIVISION FILING NO . 3, A
DISTANCE OF 12.74 FEET TO THE POINT OF BtCIMNI~G, CONTAINING
0 • 91 C ACRES .
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EXHIBIT E
That portion of Lot 25, Block 7, Heritage Greens Filing No.
3, as platted in the Arapahoe County records under reception
No.2101904, State of Colorado, that lies within the parcel of
property described as follows:
COI'U-IENCING AT THE SOUTHWESTERLY . CORNER OF LOT 4 2, BLOCK 9,
HERITAGE GREENS SUBDIVISION FILING NO. 3, SAID POINT BEING THE
PO!NT OF BEGINNING; THENCE N42•06'44•w AND ALONG THE LINE BETWEEN
LOT 42 AND 43, BLOCK 9, A DISTANCE OF 125 .00 FEET; THENCE
NJ9•49'1&•w ADISTANCE OF 50.04 FEET OF THE SOUTHWESTERLY CORNER
OF LOT 27 1 HERITAGE GREENS SUBDIVISIOM FILIMG MO. 3; THENCE
N42•06'44•w AND ALONG THE LIME BETWEEN LOT 27 AMD 28, BLOCX 7,
HERITAGE GP~ENS SUBDIVISION FILING NO. 3, A DISTANCE OF 110.00
FEET;THENCE N47•5J'l6•E AMD ALONG THE REAR LINE OF LOTS 25, 26
and 27, BLOCit 7, HERITAGE GREENS SUBDIVISION FILING NO. 3, A
DISTANCE OP 230.95 FEET TO THE NORTHWES TERLY CORNER OF LOT 25;
THENCE S24•29'50 •w A DlSTAMCE OP 69.53 FEET1 THENCE S3I•07'54•E A
DISTANCE OF 234.77 FEET ; THENCE S5P52'0&•w A DISTANCE OP
125.00 F EET; THENCE S1&•1t'57•E A DISTANCE OF 35 .40 FEET TO A
POINT ON THE REAR LIR OP LOT 42, BLOCit 9, HERITAGE GREENS
SUBD I VISION PILIIG NO. 3; THENCE S47•53'16•W AND ALONG THE REAR
LINE OF SAID DISTANCE OP 12 .74 FEET TO THE POINT OP BEGINNING,
CONTAINING 0.914 ACIZS.
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EXHIBIT F
That portion of Lot 40 , Block 9, Heritaqe Greens Filin9 No.
3, a~ platted in the Arapahoe County recores under Reception No.
2101904, State of Colorado, that lies within the parcel of
property described as follows:
COHME~CING AT THE SOUTHWESTERLY CORNER OF LOT 42, BLOC K 9 ,
f.ERITAGt GREE ~S SUBDIVISION FILING NO . 3 , SAID POINT BEI~G THE
POINT OF &EGI SN ING; THENCE N~2"06'4C"w AND I.LONG THE Lito£ Bt'!".;E::::I
LOT 42 ~NO 43, BLOCK 9, A DISTANCE OF 125.00 FEET; THENCE Nl9"49 1 ll"~ A DISTANCE OF 50.04 FEET TO Tf.£ SOUT KWES TEALY CORNER
OF LOT 27, HERITAGE Gi\££NS SUBOIVISIO:I FILING tiO . l ; THENCE NU"06'44"1~ AND ALONG THE LIN£ BETWEEN LOT 27 AND LOT 21, BLOCK
7, HERITAGE GREENS SUBDIVISION FILING ~0 . 3, A DISTANCE OF 110 .00
FEET; THENCE N~7"5l'l6"£ ANO I.LONG THE P.EA~ LINE OF LOTS 25, 26
A':O ll, ILOCK 7, I!ERITkG£ GREENS SUBDIVISION FILING 1'0. 3, A
CISTAMC£ OF 2~0.9~ FEET TO THr. NO~TS£AS~!~LY COANEA OF LO~ 25;
THENCE S24.29'50"W A DISTANCE Of 69.53 FttT ; THENCE Sll"01'54•£ A
DISTANCE OF 234.77 FEET; THENCE S5l"52'06"W A DISTANCE OF 125.0~
FEET; TStNC£ 516"11'57"£ A DISTANCE OF 35 .40 FEET TO A POINT ON
Tti£ lEAR LIN£ OF LOT <2, BLOCK 9, HERITAGE GREENS SUBDIVISION
FILING NO . ); TH!NC£ S47"5l'l6"W AND ALONG THE REAR LINE OF SAID
LOT 42 , ILOCK 9, HERITAGE GREENS SOIDIVISION FILING NO. ), A
DISTANCE OF 12.74 FEET TO THE POINT OF IECINNI~G, CONTAINING
0 . U4 ACRES .
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\SOUTH .PRAPAHOE SANITATION DISTRICT
CUR71S PARK INCLUSION . r VICINITY MAP .
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Sc~o ... :TH
SA /'f~ TIOrl
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<R>nw«:E NO.
SERIES CE' 198.,--
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ClUCll. BILL NO. 61
nmoxx:fD BY CXXH:n.
Mf.J< VOOEJll7\
AN <R>IIWCE APPIUIIM:i Sl.lPPLDifNl' NO. 33 ~ aRI'IS PARX ro !n1nl AAAPARE
SANITATI~ DIS'I1UCT' s ~ • s ~ wrm '11IE ciTY CF lHiLfXXD ro
IlCLlDE AOOITICfiAL LNI> WI'l1fiN '11IEIR DI!mUCT IIClHWUES.
~DFAS, South Arapahoe Sanitation District desires to annex an
additional area approximately 6.29 acres into its District; and
~. said area is now zoned u R-1 Wle and the propoea1 is for it
to nnain R-1 with no change in zoning; and
~. said area is to be utilized u a oa.amity facility "'ftle
Curtis School House• and Park, with eewer service needed; and
~. said aMeXation of this additional parcel of land will not
i~ the tap allocation to the South Arapahoe Sanitation District; and
WI~, It is necessary for said District to~ its contracts with
the City of Pnglewood to include th • additional land within the District;
tOri, WatE, BE IT ~ BY 'l1tE CITY CXXH:IL at '111E CITY C'l'
tx:ii..I!J«lD, ~, that:
Sect ion l. 'ftw t the C1 ty of fni;Jlewood and South
ArlpllhCie Lnlution Dinrict ent tled • 1 t J«>. 33 To Oonnectoc's
Agu a 2 1t• foe Curtis Putt _.., hereby ia ~. A CX1PY o said
~qc._.,t ia attached o _.., ncoqxr in by ref
1 7.
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Published by title as Ordinance No. _,
day of October, 1987.
A'l"l'&ST:
Patricia H. Crow, City Clerk
Series of 1987, on the 7th
&Jgene L. Otis, Mayor
I, Patricia H. Crow, City Clerk of the City of Eng1aocd, ColoriMb,
hereby certify that the abc:Ne and foregoing is a true, accurate and
00111plete copy of an Ordinance paned on final reading and publiat.d by
title as Q['dinance No. _, Series of 1987.
Patrlct.a H. Crow
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SUPPLEMENT NO. 3 3 TO CONNECTOR' S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD, acting by and through its duly authorized Mayor and
City Clerk, hereinafter called the •city,• and SOUTH ARAPAHOE
SANITATION DISTRICT, Arapahoe County, Colorado, hereinafter
called the •otatrict,•
WITNESSETH:
WHEREAS, the City and the District have entered into an
Agreement dated June 19, 1984, in which the City has agreed to
treat sewage originating fr0111 the District's sanitary Sewer
system within the area served by the Diatrict; and
WHEAEAS, said Connector's Agre ... nt provides that the
District aay not enlarge ita service area without the written
consent of the City;
NOW THEREFORE, in consideration of the autual covenants and
undertakings herein set forth, the parties agre •• follows:
1. Th City her by consents o the inclusion o e rtain
addit onal area locat d in Arapah Coun y, Colorado, 4 by
T C y o Gr nd ~r fully er
A a eh h n by
ou h eaid
h
H in
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Accordingly, Exhibit A referred to in Paraqraph 1 of the
Connector's Agreement dated June 19, 1984, is hereby ... nded to
include such additional area.
2. Each and every other provision of the said Connector's
Agreement dated June 19, 1984, shall r ... in unchanqed.
IN WITNESS WHEREOF, the parties have set their hands and
seals this day of , 1987.
ATTEST:
CITY cLID
(S E A L)
A T 1
ALl
CITY OF ENGLEWOOD
By:
~MA~Yo~~~-------------------
SOOTH AJAPAIOI IAMIYATION DISTRICY
lyr
·•~llr.a~t"o~t~IT~--------------------
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CR>DW«:E 1'«>.
SE2UES ~ 1987--
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CXUCU. BILL 1'«>. 64
nmou::m BY cxucn.
MIMI!R BIU>
AN CR>nw«::E AlmDUZD«; 'l1tE MMm AM> CITY CLERK TO SIQf AM> AT'l'F8l' A QUIT
a.AIM I:UD CXRU!X:'l'D«; 'l1tE UlaAL DE9:RIPl'Iaf ~ REAL PkP&d t PREVIOOSLY
TRANSPmaUI) BY MIWXJf <DD ~, DC. TO '11tE CITX ~ PJGaiOCD.
~. the City of lh)lewcod and Maacklw Qlld Dairi•, Inc. previously
agreed on the transfer of a parcel of land 1n1ar certain tema and conditions;
and
NlfJU!'AS, the transfer was Clellpleted and the deed transferring the parcel
of land wu &lly reooa:ded; and
NlfJU!'AS, it vas diiiCOYered that a.o different legal deecriptions were
inadvertently recorded with that deed, and it is rot necessary to record a
correct deed to clear title to this parcel of real property;
tOf, 'ftDP.!KICE, BE IT ~ BY 'l1tE CITX cxucn. C. 'DIE CITX ~ ~. ~. 'l'HM':
Section 1. '!be ettached copy of Mt Claill Deed, i.J1001pouated herein by
reference, dileding back to foiNibl Qlld Dairi•, Inc. a portion of the
previously tranaferred real Pl'qlerty, reocxded in Book 5207 et I*.J8 78 of the
reoordll of the Ar~ County Clerk and Reootder, is lwnby ~.
Section 2. '!be Mayooc and City Clerlt are hereby aJthcciaed to sign and
att< Nld OUit Clail! Deed foe and on behalf of the City of lh)lewcod,
Coler ado
Introcb:led, l'Md in full, and pueed on fin rea4i.ng on
Sel::ltellllbl!tr' 1917 •
a Bill foe an Ordi on 23rd
1 7.
by il and
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2la ~of
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Published by title as Ordinance No. , Series of 1987, on the 7th day
of <ktober, 1987. -
Attest: Lj8lil! L. Otis, AiiYOi
Patricia A. crow, city cterk
I, Patricia H. Crew, City Clerk of the City of Pilr;JleMcod, Oolcc'ado,
hereby certify that the foregoing is a tnw copy of the Ckdinance paeec! on
final readinq and pj)li8hed by title -Ckdinance No. __ , Seri• of 1987.
farlcli A. crow
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Ut•t't'Jiliun No, R~rckr.
,l~t•lwt ... n CITY OF ENGLEWOOD, COLORADO,
a municipal corporation
• .....,.... .euty •rtranh.etl anti .. i,.li•• _. .. ,aM Q' Ylrtw fll U.. ....
uhh.-Stat~•r Colorado . .ttheftf"'ll,.rt..atiMI
MEADOW COLD DAIIIU!S, INC.
a t't'rtonrat .. tft tlul)' ..,...fllla..t aiMI ••iAiftC .,.,.., aM lltr "'"-.t lhe ....
tt hhto~t a te.t Delaware ,.ruw~,_,,,
_,_,.,.,,.,.,,,..,.,, l679 south Huron, Suite •oz
Englewood, Coloredo 10110
•·eTN«a..n.att.heuMa,..rtrflfthl'ftNl,ut.._.Mhl~eft._ ... ., C*'l DOI.LAa MD
OTKER GOOD AND VALUABLE OO.IID!RATIOI ----------------------~ ..
t.-tt .. , flaHI ,.,.., ef tM (.rllt ,.rt in haa4 ,.W .., U-. NW _.n:r ef t.M ...... ,.n,. the ,....,. ........, te MNitr
,..,,"".,....,. a•wl _..n4tW .... If"'tt , h• ........ ,...._.., ..W. """ ...... QUIT CLAIMED, aM It,,...._, ,...au ...
.-....... ., n-w ........ n, Nn..-r .,... QUITCLAIII...,. ,._ ..w ,.,,,.,,._ ~ ..,.t.. tu ~..,. ........ ,_..,...,
al tho-r't-•ht , t1tt., w.t.-~~~t.rtaiM u4ie-.MI w~Wh\MMW ,.....,.,.,_.. ftNt ,.rth•'" aiMI ......... ...._ .. ~
LAlT OltrAMC'EL OrLAMD•WaLe ,I,. ... .MIIIIItt .. intM C.Mrflf Arapeboe
antl!'otat .. .tt~.-r.-,t•••U eo-ncin9 on the Morth line of W. Oxfocd A ...
1,158 .9 feet, .ore or le••• EA•t of the EA•terly line of the A.T.•
s .P. Railroad right-of-vay, .. i4 point being on the We•~ llne of
s . Kala .. th Street •• 4e•cribe4 in lOok 1735 et pafe lll of Arapa
county recor4 •r thence North along •ai4 Neat line of 1. Kala .. th
Street •10.0 feet to the point of beginning r thence continuin9 alon~
••14 Ne•t line 169.1 feet to a point on the lOuth 1 ne of w. NA •aau
Ave.r thence We•t alona. .. i4 South line lt•.• r .. ~, thence IO~~h an4 parallel vtth the n line of s. Kal ... tb ltr ... t lU.n r .. t ~
a point •10.0 r .. t North or the North line of w. O•for4 Ave .t thenc
EA•t an4 parallel vith .. 14 North line of Osfor4 Ave . lt•.• r .. t to ____ ,__ the point of beginning . vacant land.
••-..,,,...-t-r_,..c...,..a_l,..... -c-:o-~-------
Cl t Cl erk __
_ ... _ .... _, ___ .
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CRl:DWCE NO.
SElUES (J' 1987--
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BY AlJ11DUTY
CXXK:ll. BILL NO. 65
nmoxx:ID BY a:ucn.
~VAN OYl(E
AN CRlnwcE V1£ATil«i RlQfl'S-.(F-'P.Y IN 'mE PHASE III AREA (J' 'mE ~
REI>EVEUPHElfl' AREA BClH>fD BY EHiLDOD P~, scum AO::MA STREET , Nil
~/U.S. 285, ALL IN 'mE CCll'flY (J' ARAPHIE, IN t1GB«XD, a:u:JWX>.
~, as part of the agree~~ent for the develqment of Phase III, the
Englewood Urban Renewal Authority has requested that all rights-of...-y within
that area be vacated; and
~llfltFAS, by vacating all riqhts-of...-y within the area, the developer
will be qiven max.im..m freedc:l!l to develop the site without constraints iJipleed
by thoee right -of...-y, and
~. the vacations will have no effect oo the access to the site and
an easenent for the L:lttle Dry Creek box COI'l&.lit exists and will be retained;
~. the following riqhts-of-way are located within Phase III of the
Englewood Urban Renewal Authority Plan:
1) South Bannock Street, bebleen the 80Uth right-of...-y line of the
former t Girard Avenue and the North riqht-of...-y line of t tWipden
Avenue.
alley the riqht-<l ......y
riqh -of......y line nort.h /80Uth
h..t--11'\ !n91 p and South Bannock
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ATTACHMENT A
ENCiLEVOOO MARkETPLACE
PROPOSED VACAT tONs
STREET RIGHTS-Of-WAY AND ALLEYS
1) South Bannock Street, between the south right-of-way lint of old West
Girard Avenue and the north right-of-way line of West Ha.pden Avenue.
2) The sixteen (16) foot wide north/south alley adjacent to the east
line of Block 1, McKinley's Subdivision between the south right-of-
way line of Englewood Parkway and the north right-of-way lint of the
deceleration lane along U. S. 285 to Englewood Parkway.
3) The sixteen (16) foot wide east/west alley between the west right-of-
way line of South Bannock Street and the east right-of-way lint of
the north/south alley in the 3400 south block between Englewood Park·
way and South Bannock Strttt.
4) The fifteen (15) foot wide north/south alley adjacent to the west
lint of lots 2 -11, Block 1, City Gardens Subdivision, and lots 1 -
13, Block 2, Nielsen's Subdivision. The northern border of the alley
ts the south right-of-way lint of Englewood Parkway and the southern
boundary ts the north rtght-of-way lint of West H.-pdtn Aven ue (Old
H.-pdtn) .
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Section 1. '1\le rights-of-way within Phase III of Engle.IOOd Urban ~ty Plan in the area bounded by Englewood Parkway on the north
and west, by Acana Street oo the east, and by HallpEn/U.S. 285 on the IIWth,
legally described on Attachnent A, incorporated herein by reference, are
hereby vacated, said vacatioo to beccllle effective JUne 1, 1989.
Int.rocb:ed, road in full, and passed on first reading oo the 21st day of 1
September, 1987.
1987.
Published as a Bill for an OE'dinllnce oo the 23rd day of Septeaber, 1987.
Read by title and paseed oo final reading oo the 5th day of OCtober,
Publillhed by title as Ordinance No. , series of 1987, oo the 7th day
of OCtober, 1987. -
Attest: 1bJene L. Otis, Mayor
Patricia R. CiOf, city C1irlt
I, Patricia H. crew, City Clerk of the City ol. llngl.-ood, Colcxado,
henby a.tity tMt the fCX81)0ing is a true oapy ol. <Xd1nlnce pauecS oo
final~ lnd ~lishecS by title as Olr:'diMnoe • _, i• of 1987.
P lela k. Ci'Oili
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CH>IlWCE NO.
SDUES CE 1987--
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CXlH:IL BILL NO. 66
INnOXX:ID BY <XlH:IL
MEJII!.m BRADSHAW
9 {
AN <R>IlWCE WICATD«i A 321-FCXJI' STRIP, El1l' RETAINil«i AN l1l'ILI'lY EASEMENl'
'lltmEIN, ~ THE tami SIDE CE WEST GIRARD AvmlE AT THE NCJmiEAST CXRmt CE
WEST GIRARD AVI!HJE AKl &l1l1i ElATI ~. CCUf1'Y CE ARAPNIE, IN a«;LL!JJD,
CCUIWX).
~, as part of the approval of the plans for the redevelopment of
the down t own area , the City has determined that the I'OI!dotay for Nest Girard
Avenue east of SOUth Ela t i Street lllhc:W.d be reali gned to e liminate the off-eet
intenection with the access way in Cinderella City; and
~. a section of the r ight-of-way on the north aide of west Gi rard
Avenue will becXrlle obsol ete when the street is reali gned ; and
'I~, an eAI!ISII!!nt will be reta.ined by the City for utility lines in
vacated area; and
'I ~, the City Planninq and ZOning Collll.iasion, on August 18 , 1987,
re0011~r¥ie!d the vacation of this righ -of-way ;
, W<JCE, IT ~ BY 'DIE CITY <XU«:U. CE THE CITY CE
I'KU'JICXIl , CCUIWlO, THM':
of G rard A\~W\\~8,
ult of the reali t of
C*tcrl.DI!ICI on Att
by
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Published by title as Ordinance No. _,
of October, 1987.
Attest:
Patricia H. Crow, city clerk
Series of 1987, on the 7th day
fD;Jene L. Otis, Mayor
I, Patricia H. Crow, City Clerk of the City of Dlr,JleiiOOd, Ooloralb,
hereby certify that the fcregoing a a true oopy of the Ordinance paued on
final readinq and publi8hed by title as Ordinance No. __ , Series of 1987.
Patricia H. crow
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ATIACHMENT B
PROPOSED VACATION
OF A PORTION OF W. GIRARD AVE.
LEGA L DESCR I PTION
A portion ot West Gira r d Avenu e l y i ng e a s t o! s . Elati St .;
GIRARD PLACE SUBDIVISION, City o! Englewood, County of Arapahoe,
State or Colorado; baing aore p a rti cularly describe d as follows:
Be ginn i ng at a point on the wes t e r l y e x t ens ion of the north
l i n e of W. Girard Av e ., !rom wh i ch t h e s outhwest corne r ot Lot 1,
Block 1 , GIRARD PLA CE SUB DI VISION (as recorded in plat book 94 at
p age 1e o f Arapahoe county Re c ords) bears s 990 50 ' 2 2 " E a dis -
tance o! 7 .43 feet; thence s e 0 09' 11" w a d i stance or 2e .73
teet to a point o! c u rva ture; thence along the arc or a c u rve
concave to the northeast hav i ng a rad i us or 24.5 0 t e et, a centra l
angle o! 610 41 1 46", and an arc length of 26.3e feet t o a non-
t a ngent po i nt on the south l i ne o! w. Gira r d Ave., froa which
p oint the northwest corner o! Lot 1, Bl o c k 2 ot said subdivision
bears N e9° 50' 22" w a distance of 10.96 teet; thenc e s
990 50' 22" E along said south line o! w. Girard Ave. a distance
of 29.01 feet to a point on a non-tangent c urve; thence along
s i d curve concave to the northwe st having a radius of 2 4 .50
tee t, a central angle o! e0 Je• 28", an arc length of 3.70 teet,
t h e c hord of which bears N 4 9 ° 32' 3 7" E a d istanc e of 3.69 feat
to a point of tangenc y; thence N 4 5 0 13' 23" E a dis tance of
3 0 .43 fe e t to a po i nt of c urvature ; thence along the arc o f a
curve c oncav to the northwes t hav i ng a radius or 44 .50 teet, a
central ang le of 240 49' 06", and an arc length of 19.21 t eet to
a p oint or non-tang ncy; he nce s 89° 50 ' 2 2 " E along a line
par llel with, and ly i ng 1 1.60 !eat south o t , he afore e ntion 4
nor th lin e of w. Gi r r d Av e., a d is anca of 1 7 5 .65 teet to a
poin ot cu rvatura;th enc long a cu rve c oncav e t o the north
h a ving a radius o f 1 81.50 teat, can r a l angle o t 1 40 42' 14",
an an arc l ngth ot 4 6.58 fa o a poln ot r e v r cu rvs ura l
h ne along a curve cone ve h sou h vi 4 1us o f
211.50 t e , a c n ral a ngl of 70 St' 12 , n n rc lang h o f
30.4 6 tea o a non-t n an oin on h nor h lin o f W. C l r rd
Ave., h nc N tto 50' 22" w along s d no th lin l 1.06 tee t o
h po nt of b ginn ng.
con
J'l.v'l.o
7/ll/1
v cctr
5, 30 • t a , o o.un r o 1 ••·
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PRESEifTm IY
{(J(f)d ~ 9 . C_____. \ (f) ,? -d#H~;_'!
/ t, r ~_;.cr ~./ ~
/~y~~d
_c;)vr ~-/ f 7-;A .
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MDmA not ___ _ PIESEIITED IY ------
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AGENDA ITEJI -----PI£SEJITm IY
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OODINAOCE NO.
SERIES CF 1987--
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FCR AN OODINANCE AMfM>ING TITLE 7, OIAPTER lA, ~ ~ICIPAL CXDE 1985,
RELATING ro CATS AND rxx;s .
h'IIERFAS, difficulties have been experienced in protecting the people
against attacks by dogs and cats and properly controlling guard or attack
dogs; and
WIDEAS, Council considers it necessary to protect the health and
welfare of the citizens of this City against \lll>rovoked attacks by dogs or
cats;
~.~.BE IT CRlAINED BY THE CITY
~' a::u:JlADO, THI\T:
IL CF THE CITY CF
Sect on 1. Title 1 Wner lA, Section 1, Englewood fol.lruc1pal Code
1985, is here&y amended bYilq, deleting or changing the follow1tlg
finitiona. All other fini ions remain the
7-lA-l: DEFINITI : For the purpose of this Articl , certain t . and
words herewith defined as follows:
SHEI..'rct Any pox-1C111ru..,c::>~
boarding and caring
• Art1cle or any
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ocx:; 1tny aru-1 of canine species, regardless of sex. A CARNIVCROOS
lXJ·tESTICATED f·Wf.IAL OF 'mE CANINE SPEX:IES, CANIS FAMILIARIS NV 'ffiE
PR<DOCT OF CANIS UJPIS HAVTI«; BEEN BRFll WI'lll CANIS FAMILIARIS. 'ffiE
~ ARE EXCLUDED FRCM NV ARE NOl' A PART OF '11US DEFINITI~:
JACKALS; FOXES; AND RELATED ANIMALS; AND ..a.VES, CANIS LUPUS ALL CF
\lHICH CCI£ WITHIN THE PROVISICNS OF SEO'I~ 7-lC-3 DC ~
ocx:; rn CAT, MALE (NO!' NFllTEREDl Any <Dg or cat of masculine gender upon
which no alternative surgery of the genital organs has been performed.
ocx:; rn CM, FEWU.E (NO!' SPAYED) Any <Dg or cat of the female gender upon
which no alternative surgery of the genital organs has been performed.
GRIEVOOS BOOILY HMM BOOILY INJURY WHIOt nM:LVES A SUBSTANI'IAL RISK OF
DFATH, SERIOOS P~ DISFIQJRD!mT, 00 PROI'RACTtD La>S 00 IMPAmHENI'
OF THE FUCl'l~ CF ANY PART 00 CRiAN OF 'ffiE BOOY.
FINAOCE D~ Director of Finance ex officio City Cla:tl.-'l'niMun!r Atl:l
CITY LICFNSll«; OFFI<:::m.
QJMI) IXC 1ny 4bJ cr c.U.ne trained to att.:k a persln at the -a•~•ldd cr
inst:ructian of a trainer.
QJARD 00 ATTACI< ocx; ANY ocx; TRAINED TO ATTACI< A PER9:1l , 00 ltC'OOIRED ~
THE PURPa:;E OF PAna.Ln«; PIO>I!RIY 00 ATTICKil«i ANY PER9:1l. AISJ
m::uDfD IS ANY OCG IIHQ: ICTICNS HAVE PREVIOOSLY RESULTED IN A
CDNICTI~ OF ITS ~ OF A VICLATI~ OF SfX:l'IQJ 7-lA-10 DC 85.
YICI(JJ8 Oil' A cat that, vithallt pi:OUOCatian, bi cr atUCb ~
bei111J11 cr in • ~ and ten:"m"bing ...._ attacka, cr ~oa:a.. • ....-•It at:ti~ of att.:k, a penon ..,an the .t.naU, ai.,..Jirw cr..,
pj)l.lc CJnUid cr plma cr .., pdvate f*q:wty ot::bl!ll" t.Mt the...._
of onar-.
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7-l.A-8.5: VICIOOS DCX;S; GUARD OR A'IT/>CK OCGS: -RE
LABELED AS: GUARD OR A'ITJ\CK oa:;s.
A . ALL PERSCNS CHUNG, HARBORING, OR CCNl'ROILING GUARD OR A'ITJ\CK ocx;s
00 PREMISES WI'lliiN TillS l.uNICIPALITY SHALL <XNI'AIN SOCH lXX>S IN AN
ENCI..OOED AREA ~ Tlill PROIR:TIOO OF PERSOOS OR PR<PElnY. TIIAT
rncr..ooED AREA WILL CGlPLETELY cawiNE THE OCG IN A KEHlEL , RUN 1 YARD
OR Ol'HER SPACE ~lHIOi WILL ADfX:(JATELY PROrR:T THE GmERAL PUBLIC FJOo1
INADVERTENI' 00 C1\SUAL <XNI'ACT WI'lll TIIESE oa:;s. WHm SOCH oa:;s ARE
TA!a;N CUI' OF THE ~ED AREA, THE.Y WILL BE ISS k£ HEW 00 A
SUITABLE CHAIN OR PLACf.D IN A SUITABLE COOT~, t.m~ THE cc::Nl'KlL
OF A RESPOOSIBLE PERSOO 1 TO ENSURE PROl'Ex:I'IOO <F 'mE PUBLIC.
B . 'mE CHIER 1 OR Ol'HER P~ IN a:Nl'ROL 1 OF ALL PRfMISES ~ WHlOi
GUARD lXX>S ARE MIUNI'AINED SHALL POST SIGNS 00, OVER 1 OR NEXT TO ALL
EXTElUOO OOIIDING ~I GATES AND Ol'HER ENl'IW'a:S I SI'ATING TliAT
SOCH oa:;s ARE 00 THE PRFMISES. IF THE ATI'J\CK OR QJARD OCG(S) 00
SAID PREMISES ARE CNIED OR MIUNI'AINID ~ BY AN'i GUARD OR
SIDJRITY SERVICE, 'mE SIGNS SHALL AISJ CCM'AIN THE Pt«:NE ~ <F
SOCH SERVICE. NO A'ITJ\CK OR QJARD lXX>S MAY BE MAlNI'AINED IN TIUS
f.UNICIPALITY BY SOCH SERVI CE UNLESS THE TELEPIOIE ~ WHIOi SOCH
Nlf.!Brn IS POOTID IS~ BY IBLE P~ 'IWENTY-(24)
ln.JRS DAILY. SOCH SIGNS SIIALL BE PC6TED IN 'mE SAME ~ AT EACH
DRIVI».Y OR ElmWCE ~lAY SAID ll.JIIDING AN) SHALL BE BUCK
~miD WI'lll TilE ~ "B&IARE -ATTJ\CK-Q.JARO PRfliUSES"
~ IN RED 00 A I'IUTE BACJ<GR(l.N). SOCH SI SIW.L BE VISIBLE
FJOo1 'mE PLACE <F POOTING Tlill aJRB 'mE ~ ABlm'ING 'mE
si~~ OR A or FIFTY <so• >I .. u~ I S THE ~-
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<XNI'AINMENI' ~; AND THAT THE PREMISES ARE PROPERLY POOTED
AS REJ.::(JIRED IN PREX:EDING PARN:iRAPH "B" OF THIS SEX:TIOO.
THE ANIMAL COOTROL CFFICER WilL MAKE A RE'ruRN 00 THE APPLICATIOO
RJ'X:OODUlG THE DI'.TE AND TIME OF THE INSPOCTIOO AND \oiiE'11IER THE
PRfl.USES ARE IN a::MPLIAOCE \liTH THIS CR>:nw«::E. THE ANIMAL <XNl'ROL
OFFICffi WilL ALSO VERIFY THE NAME AND 01\TE CF BIR'rn OF THE ~ 00 1
P~ IN CCNTROL, AND THAT P~ 1 S ALORESS AND PHC!m NLMBER, IF
DIF'fEliD.IT FRCJ.1 THE PLACE OF THE .u:x:ATIOO OF 'niE GJARD/ATTJJCK oo::;,
AND THE STREEl' ALORESS OF THE oo::; I s .u:x:ATIOO.
E. 'llfi: RESULT OF THE ANJJ.IAL COOTROL CFFICffi 1 S INSPOCTIOO WilL BE
REX:XH>ID 00 THE APPLICATIOO. IF THE ANIMAL CCNmOL CFFICffi
DE'l"f»UNES THE PREMISES CCH?LY WITH THE CfiDitwCE, THE APPLICATIOO
\IIIL BE RE'lURNED 'ro THE CITY LICENSING CFFICffi, wtD WilL OOI'IFY THE
APPLICNn' THAT THE GJARD /ATTN:.X oo::; PERMIT IS READY 'ro BE PICKID UP.
A CXPY CF' THE OOIGINAL APPLICATIOO wrrn THE ANIMAL CQ11'RCL CF'Fleffi 1 S
APPRJVAL BEXXJ1ES THE PERMIT. THE OOIGINAL IS RETAINID IN THE
LICENSUlG CFFICffi I s REX:lHlS.
IS ux::ATED 001' PASS
, THE APPLICNfl' WILL BE
~n~<LJL CF'FI CF THIS FN::r AND CF
COO:REX:TIVE N::ri MAY BE
WILL BE P FJU"(JMD Att:l
MEANS THE SIOn'EST
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G. APPROVAL BY Ti lE ANI.MM.. CCNI'ROL OFFICER MEANS THAT 'lliE PREMISES
CG1PLY WITH TI-IIS ORDINANCE . SUCH APPROVAL IMPC6ES NO LIABILITY lJl'OO
TI-IAT ANIMAL CCNJI{()L OFFICER, THE CI'IY <F FN:iiD«XD , 00 Nfi <F ITS
EMPLOYEES 00 AGENl'S F(l'{ Nfi VIOIATIOOS <F TIUS <R>INAOCE, 00 Nfi
INJURY TO ANY PmscN 00 amER ~ 'lliDK> 00 DAMAGE TO Nfi PJO>mTY
RESULT:m:i IN ANY DEF ICIElCY 00 ll.n>ERFEX:TICN IN THE APPROVED
PRH-ITSES.
Section 4. Title 7, Chapte r lA, Englewood fol.lnic i pal Code 1985, is
further amended by adding a new Sections 10 and 11 to read as f o llows:
7-lA-10: ATTN::!< BY OCG 00 CAT
1. THE ~ <F Nfi ocx; 00 CAT SHALL BE RESl'<:H>IBLE FOO 1Ni ATTACK
<DfotiTl'm BY TI-IAT lXX> 00 CAT~ Nfi PJO>mTY, REAL 00 P ~, LIVE 00
I"NANIMTE, 00 ANY 1:U4AN BE :m:i. lJl'OO BE:m:i CCJNICTED TI-IEREDF 'lliE ~ IS
SUBJEX:T TO BE:m:i PUNISHED IN ~ WITH THE PENALTY SE:I' Fami IN SECI'ICN
1-4-1 <F ENiiD«Xl> ~IJN ICIPAL , 1985 .
2 . PRIOO ATTN::KS I IF ANY. BY TilE 00 CAT <F 'lliE ~
<F THE /CAT <F ANY SOCH ATT1\CKS ARE A DEnNSi:. 00 AN El.a4fm' <F 'lliE
<FFmSE <F ATTN::!< BY OCG /CAT 00 A PREJIDJUI S ITE FOO A CCJNICTI ; IIMVER , SOCH
~ ~y BE IDERID IN MITIGATI 00 ro:;RAVATI OF PUN~.
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Sl.lBJl'X:T OF n«:l CCtNICTICNS OF ATI'ACK NCYl' RESULTIM; IN DFATI:I CR GRIEVOOS fn)ll.Y
HARM, CR PRCPERI'Y r:ww:iE OF FIVE tlJNDRED OOLI.ARS ($500) CR ~WITHIN A
'IW>-YEAR PERIOO, 00. IS RESP(JIISIBLE F<lt INFLICTit«> DFATH CR GRIEVOOS ffi)ll.Y
HARM ~ A HlMAN BEJN>, THERE IS A PREStK'TICN THE oa; CR CAT HAS VICia.JS
'l'1XIEH:IES ~ PRESml'S A CLEAR ~ PRESENT lW«iER 'ro THE SAFETY OF THE
CITIZENS OF ~. THIS PRESU4PTICN CAN CNLY BE Rm1l"l'ED BY CLEAR ~
CCNVItCIN> EVIDEH:E ro THE CCN1'RARY. ~ THE CWRT • s lE'l'faUNATICN 'l1fAT THE 1 oa; CR CAT PRESENl'S A CLEAR CR PRESml' ~ 'ro THE SAFETY OF ~
CITIZalS, THE CCllRT WILL CRDER THE ~ PCLICE DD'AR'D4f.Nl' 'ID OF.S'l1¥J'i THE
oa; CR CAT FUmiWITH.
5. IF THE oa; CR CAT IS NCYl' <XNFINID IN THE fHiLEHXD ANIMM. SHEL~,
THE CITY MM PETITICN THE fXiLD«Xl) KJNICIP.AL axJRT F<lt A FCRIBfiTH CRD 'ID
PCLICE DEPAR'DI!Nl' 'ro SO <XNFINE THE ANIMAL Pal:ln«J THE am::t:H: OF THE
~CN Hf'.Nm«i, ~ cn>TS OF THE SAID cx:NFllm4mT WILL BE A.SSfS9D BY THE
K.fiiCIP.AL CDJRT AT THE Tf»UNATTCN OF THE HEAAlN>.
Int.rodlced, read in full, and passed on first reading oo the 21st day of
September, 1987.
POOlished a Bill for an Ordinance on the 23rd day of Sept , 1987.
Read by tit1 and passed on final reading on the 5th day of ober,
1987.
POOli.tled by title as Ordinance No. ,
of October, 1987. -
Att
P tricia H. crow, ci y Clerk
hereby
tinal
I,
of 1987, on the 7th day
ie , M4yor
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A&EJI)A ITEM ___ _ PRESENTED IY
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OOD~NO.
SERIES OF 1987--
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CCXH:IL BilL NO. 63
nmuxx:ID BY CCXH:IL
~ V11N DYKE
AN OOD:nwcE AMEK>ING TITLE 4, ~ 4, SEX:TIOOS 4 NV 5, ElG..fXXI>
~CIPAL CXDE 1985, REFI..&:Tm:> AN IOCREASE OF SALES NV USE TAX IN '111E CITY
OF ~ BY mE-HALF CENl' 00 EACH 1XLLAR ~ A 'lUl'AL CITY SALES TAX OF
3. 50'1. 00 EACH DOLlAR.
lollmEAS, City Council finds it necessary to increase the city sales and
use tax to raise funds for services in the City of E))glewood ;
t.Qi, T!~, BE IT ORilA.INFD BY TilE CITY <Xl.H:IL OF 'l1IE CITY OF
aG.D«XD, ~. THAT:
Section 1. Title 4, Olapter 4, Section 4, SUbsection 2 , ~lewood
1-l.lniciPill COde 1985, is hereby nded as foll
4-4-4: SALES TAX IMPaim:
4-4-4-2:
A. There l S hereby 1Jit:OSE!d ~ 11 ea 0 all i specified in
ion 4-4-4-l , Wlthin the UOI.uto~:u: of the City, a tax , ro
BIIXJI!: D1'"EX:TIVE l, 1987, dance with the foll ng
8Chechl :
•• 01 including •• 18
• .l.J including • • 51
:
• 52 including • • 84 .as including tJ..oo
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•• 01
•• 02
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Section 2. Title 4, Olapter 4, Section 5, Subsection 1, Englewood
Municipal Code 1985, is hereby C~rended to show the tax increase as follows:
4-4-5: USE TAX lllPOSID:
4-4-5-1: TAX 00 S'l'(R&GE, C'rnSlJo!PTIOO Nl> USE: There is hereby levied and
there shall be collected fran every person in the City, a tax ~ the 1 privilege of storing, using or conslmdng withi.n the boundaries of the City any
articles of tangible personal property purchased at retail fran sources
outside the oorporate limits of the City. SUch tax, TO miD£ El'fa:TIVE
DOCfMIER 1, 1987, shall be payable to, and shall be collected by, the Director
of Finance in accordance with the following schedule:
in
1 7.
~ Storage or Acquisitioo
Charges or Cost
•• 01 inclw:tinq •• 18
•• 19 inclw:tinl) •• 51
•• 52 inc)nding •• &1
•• 15 inclw:tinq tl.OO
$ .01 including $ .14
$ .15 including $ .42
$ • 43 including $ • 71
$ .72 including$ .99
$1.00 including $1.28
$1.29 including $1.57
$1.58 including $1.85
$1.86 including $1.00
c ty Council wi 11
ry uc
in
11
Tax
no tall
•• 01
•• 02
• .03
no tax
$ .01
•• 02
•• 03
•• 04 •. os
•• 06
•• 07
•
th~· inc
• l 7.
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Published by title as Ordinance No.
of October, 1967.
Attest:
Patricia H. Crow, city clerk
_, Series of 1987, on the 7th day
&!gene L. ot1s, Mayor
I, Patricia H. Crow, City Clerk of the City of &lglewood, COloracb,
hereby certify that the foregoing is a true copy of the Ordinance pulled on
final reading and published by title as Ordinance No. __ , Series of 1987.
Patricia H. Crow
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C 0 U N C I L
DATE
October 1, 1987
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
11 (a)
SUBJECT
1988 Bud et
INITIATED BY ________ C_it~y_M_a_n~ag~e_r ________________________________ __
ACTION PROPOSED'--------~Pa~s~sa~g~e_o~f~a~b~i~ll~f~ix~i~~~t~h~e_t~a_x_l_e~vy~a_nd~•~il~l~s_u~p~on
each dollar of assessed valuation of all taxable property within the City
of Englewood for the 1988 budget.
The attached bill establishes the •ill levy to be certified to the Arapahoe
County C~issioners which will establish the dollars to be collected through
property tax f~ the citizens of [ftglewood based upon each property owners
assessed valuation.
As per Colorado Revised Statutes Z9 -1-J01, all property within the state of
Colorado has been reassessed to a 1115 valuation . Further C.R.S. Z9 -l-30l .l
established that cities caanot Increase property tax revlftues above 5 .51 of
the previous year reYiftUis with the exception of Increased valuations due to
new construction or annexation wi thin their respective COIIUftities . Please
find listed below the assessed valuation for the Ctty of [ftglewood for 1987 .
Assessed valuation (excludiftg new construction)
Assessed valuation new construction
Total 1987 Assessed Valuation
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1988 Budget 1987 BudGet
Property Property Tax Tax I Chng I Chng Revenue Mill Lev,r Revenue Mill Lev,r ...!.L!_ of Levy
General Fund 1,557,267 4.909 1,441,520 8.847 8.0 (44.5) Debt Service Fund 538 1 760 1.698 496 1 148 3.045 8.6 1!!:.11
2,096,027 6.607 1,937,668 11.892 8.2 (44.4)
B. Maxi.u. Allowable Without New Construction -Provides for property tax
increasing 5.51. Property tax revenues that could increase due to n.W
construction are not considered.
1988 BudGet 1987 Bucklet
Property Property Tax Tax I Chng I Chng Revenue Mill Lev,r Revenue Mill Lev,r ...!.L!_ of Lev,r
General Fund 1,520,804 4.795 1,441,520 8.847 5.5 (45.8) Debt Service Fund 538 1 760 1.698 496 1 148 3.045 8.6 ill.:ll
2,059,564 6.493 1,937,668 11.892 6 .3 (45 .4)
c. Increased onlluidue to lllw Construction -Property Tax reveftUes are in-
creasid z.SI to MW constructton of assessed valuations . The Ctty
does not tncrease property tu revenues to the 5.5S all-.1 by C.R.S. zg . 1-301.1. ·-t 1987 t
Property Property Tax Tax
Revenue Mtll Lev Revenue Mf 11 lev
Ge ra1 Fund 1,477,558 4 .658 1 .847 Otb rvtc fund 538 760 1.698 3 .04
2,016,311 6 .3 l.tl7 .668 II. 2 4.1 (4 .5)
I .
ORDINANCE NO.
SERIES OF 1987--
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BY AUTHORITY
A BILL FOR
//a__;
COUNCIL BILL NO. 69
INTROOUC~ COUNCIL J MEMBER'4'-4h u
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED
VALUATION OF All TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR
THE YEAR 1988 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWN -TOWN DEVELOPMENT AUTHORITY.
WHEREAS, It Is the duty of the City Council of the City of Englewood,
Colorado, under the charter of said City and Statutes of the State of Colora -
do, to .. ke the annual levy for City purposes for the year 1987, due and pay -able In 1988; and
WHEREAS, the City Council has duly considered the estl .. ted valuation of
all the taxable property within the City and the needs of the City of each of
said levies and has deten.lned that the levies, as hereinafter set forth, are proper and wise;
NOV, THEREFORE, BE IT ORDAINE.D IY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS:
Section 1 .
That there bt and hereby h levied for =~7~ ~due and payable as required by statutes In the year 1•. a tu of . •tlh on the dol -
lar for the Central fund of the City of E"'l , o or , and 1.691 •Ills
on the dol11r for the Debt S.rvlce FUftd of the City of Englewod, Colondo .
That the levy herelnlbove set forth shall bt levied upon e1ch dollar of
the assessed Vlluatlon of all tu1ble property within the corporate ll•lts of
the City of Entlewod, Colorldo, 1nd the s1ld levy shall bt certified as re -quired by 1 •
S c ton 2.
R vt S tut , nd lh CHy
ar 1917 , d and PIYible as r qulr d
dollar for t u nd n fit of
Authority .
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Introduced, read in full, and passed on first reading on the 5th day of October, 1987.
Published as a 8ill for an Ordinance on the 7th day of October, 1987.
Eugene [. otis, Mayor
Attest:
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, here-
by certify that the above and foregoing is a true copy of a 8ill for an Or-
dinance, introduced, read in full, and passed on first reading on the 5th day of October, 1987.
Patrtcta H. Crow
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C 0 U N C I L
DATE
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT 1987 Concrete
ReplaceMnt
INITIATED BY ------~D~i~r~ec~t~o~r~o~f~E~na~in~f!~ri~~~S~e~rv~i~c~es~l~------------------
ACTION PROPOSED ________ ~A~w~•~~~of~C~on~s~t~ru~c~t~io=n~Co=n~t~ra~c~t~f~o~r~C~o~nc~r~e~te~------
Replace.ent Progr ... 1987 Revised
IACUICUI) MD FIIWICIAL
The Concrete Replac ... nt Progr .. , 1987 Revised, consists of concrete repairs
and new construction at n.erous locations within the City of Englewood. Two
of these locations are addressed in the Regional Transportation District's
Transit StrHt l~~prov ... nt Ag,....nt. These two locations, including descrip -
tions of the work, are as follows:
1. South Tejon and West Dartlouth (MW Corner) -Concrete repatrs
and construction of SO' of vertical curb and gutter wtth 5' pan .
2. South Kal ... th and West Oxfo~ AVIftUI (MW Corner) • construction
of 60' of vertical curb and gutter wtth 5' pan.
The ortgtnal progr .. was btd on August 31, 1117. Due to an error tn a untt
tt•, Ctty Counctl 19reed to reject all btds. Concrete Rephc..ent Progr ...
1987 Revtsed, was nadverthed and btds .,eMd on Monet~. Septtllber 28, 1987 .
Th foll tng btds re received :
K n Wlllt s Concrete, lftC .
Thoutt Brothers Concrete Contractors
Trujillo construction Co.panY
Rives Ent rprtses Inc .
l J Concrete
Th ngtn r 's tsttute WI S .. ,tM. T budget fort
ch tncludes S5,307 froa ITO for t lr locations. T
j ed b d opening WI S46 ,7M.M.
$54 ,352.20
50,900"
48 ,152.45
41,700 .00
39,915 .10
proj t ts S4t, 000
1 bid fro. t • I •
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RECOIIIJEII)ATI ON
The low bid by E l J Concrete is well within our budget, and we would rec~
mend the award of the contract in the a.ount of $39,915.30 to thts ftn1. E l
J is a well-established ca.pany and ts htghly reca..endtd by others for wh~
they have done st•tlar work . This ca.pany has done n ... rous concrete repairs
for the City of Englewood tn the past and thetr work has been satisfactory.
'~' --------------~
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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
Se tember 30 1987
Location of an Air
Monitoring Station
in Cush1n Park
INITIATED BY ------~Th~e~De~p~a~rt= .. ~n~t~of~C~~==u~nl~t~y~De~v~el~o~~~n~t ____________ __
ACTION PROPOSED _________ Ad~o~p~t~a~B~I~l~l~f~o~r~O~~~~n~a~nc~e~apap~~~v~l~~~a~n~a~g~re~--==~nt~-
between City of Englewood and the Air Pollution Control Division of the
Colorado Health De art .. nt to locate an air ~nitorl station at the
south end of the City property west of Cushing Park .
The Air Pollution Control Division of the Colorado Health Oepart .. nt contacted
the City Manager In 1986 about the possibility of locatl, an air quality
~nitorlng station tn the Englewood area . The Englewood ocation wa s selec ed
because short -te~ air pollution ~nitorlng conducted by the Air Pollution
Control Division (APCD) Indicated that carbon ~noxide (CO) readings above t
National ~tent Air Quality Standards (NAAQS) occur In Englewood several
ti .. s during the winter season.
In order to doc ... nt the exttflt of hlgf\ conctfltratlons of carbon .c>nox d and
the effectiveness of cont~l .. asures, It Is necessary to operate continuous
air quality analyzers, and to this end, the APCO decided to locate a ~nltor
In Englewood. The site selected would preferably be In the vicinity of the
South Santa Fe Orlv /U.S. 285 corridors, and near 1 shopping center, par and
re tdenti al ar a .
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The air quality .onitoring stations consists of a building approxiaately 10' x
10' x 10', with several sa.pling probes extending two to three feet above the
roof. It •st be in a secure location (fenced area) and cannot have any
obstruction f~ tall trees --the nearest obstruction can be no closer than
five ti.es the height of the object. There will also be a tower approxi .. tely
30 feet in height with a cross ..-bar at the top with an 18 inch sensor on
either end.
The responsibilities of the Air Quality Control Division and the City are set
forth in the attached Agre.llftt.
UCCIIIEIIlATIC*
The staff reca.ends that the City Council approve an agre.llftt to locate .an
air quality .onitoring station at the south end of the City-a.ned property
adjoining Cushing Partt on the west. Bec:ause this action htvolves another
gove~ntal agency, it .ust be acca.plts~ by ordinance.
gw
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<R>I!WCE NO .
SERIES CF 1987--
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BY Am'HCIUTY
A BILL~
J I c__
AN <R>INNCE APPROVDr:; AN AGRtl!MENl' Bf:'noiEfN 'mE CITY CF El«iLaoD JN> 'mE AIR
PCIU11'Ial cx:tfma. DIVISial CF 'mE <XUlWXl DEPAR'IMI'Nr CF HEAL'l1f ~ AN AIR
~ ~al ro BE ~ AT 'mE SOO'l1f EH> CF 'mE NEX.Y ACQUIRm
PlO'flfl'Y WEST CF aJSHn«; PNU( JN> ~ STREE:l'.
~. the Air Pollution Control Division (APCD) of the COloracb
Departllent of Health desires to locate an air quality nati.toring station at
the south end of the pr~rty ilmlediately west of CUshing Park; and
~. the purpose of the nati.toring station is to nrnitor and
doc\anent existing pollution levels of nitrogen oxides, carbon rronaxide and
ozone in Englewood and the meteorological conditions that are concb::ive to
high pollution ccn::entrations; and
~. the City Council is in full ~t with this plan;
tOol I ~. BE IT ~ BY 'mE CITY O::UCIL CF 'mE CITY CF
!J«iLLMXD I <XX.<JUWO I 'ntM':
Section 1. 'n'le attached agr r at ~ the City of f)aqle.IOOC!,
Colcr8&, ina the A.1.r Pollution Control Division of the COlorado ~t of
HMlth, inoorpor ted herein by reference, is hereby appt'OIIed.
'n'le Mayor Me:! City Clerk are hereby authoru;ed to ai9n Me:! Mt:~~"ii3rn;...e~t for Me:! on behalf of the City Cooncil and the City o
1n full, and puaed on fu-.t reading on the 5th d.ly of
7 h d.ly
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I, Patricia H. era.~, City Clerk of the City of Englew:xxi, Colorado,
hereby certify that the above and foregoing is a true cxpy of a Bill for an
Ordinance, introcl.lced, read in full, and passed on first reading at the 5th
day of October, 1987.
Patrl.Cl.a H. Crat~
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'lliiS AGREEMENr, entered into the day of , 1987, is
between the CITY CF ENGI..n·«D, CCUIWX>~OO South Elatl Street, fn}ltMXld,
Coloracb 80110, and the AIR POLLl1l'IOO camo. DIVISIOO (APeD) CF 'mE C'CLCIWlO
DEPAR'Dt'Nl' CF IIEAL'lll, 4210 East 11th Avenue, Denver, Colorado 80220.
WHERFAS, the Air Pollution Control Division of the Coloralb Department
of Health desires to locate an air nati.toring station in the City of fn}lewood
to docunent existing pollution levels of nitrogen oxides, carbon IICI'lOidde me!
ozone in the area and the meteorological conditions that are oondJcive to high
pollution concentrations; and
~. the City of l!hqlewood is agreeable to the air 1110nitoring
station under certain terms and conditions.
MJII, ~. IT IS M.m.WLY AGREED by and bebieen the parties u
follows:
I. Responsibilities of the Co1or41b Department of Health (APeD):
A. To locate, service, and operate an air natitoring station at the
site shown on the attached 1111p and to IMintain me! calibrate air
quality and meteorological natitorinq 8CJli~t therein, at its
oost and eJCpenae, ao u to prod.Jce high ~ity data that vill
represent air quality and meteorological ocnditions in the
!I'ICJlewood area.
B. To report the follc.n.ng data to the City of l!hql811100d on a
1110nthly basis a no c:x.t of the City, for ita internal~:
1. Ni t.n:qen Di
2. Carbon Pbw:ni
3. Ozone
4. Wind
5. Wind 0 ion
6.
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F. To provide insurance for Colorado State errployees and their work
in accordance with the attached sample certificate of Self-
Insurance.
II. Responsibilities of the City of Englewood:
A. To provide free to the Colorado Depart:nelt of Health (APCD) a
parcel of land (described in the attached map nentioned in I.A.
above) sufficient to satisfy the APCD I'IDI'litoring requirements
and Englewood zoning requirements for as lcng as the arrangement
is agreeable to both parties.
B. To allat the APCD to prepare the gounds and site oo which the
I'IDI'litoring statim is to be located oo to the foliating APCD
specificatioos:
1. Cyclone fencing with supporting posts secured in CE!IIB'lt to
encloee site and structures of I'IDI'litoring statim.
2. 1he building to be placed oo cement pedestals Klor'ed in the
qround.
3. A 35' tall neteorlogical I'IDI'litoring tower IIDlrtted oo a
poured t foundatioo suitable to afford~ to the
tower \mder extn111e wind and icing oonditioos
c. To lllllintain the grounds about the installatioo, including
tr ng of shr'ubs, t , and qrau eo u not to interfere with
the atioo of the aanitoring dwices.
o. To All011 lWiliaited aoceu to the aite by qualified pereonnel of
APC'f).
pllnti.ng wry add! tional QC 1 ahntilery
~..ulluty to aite Wlic:h 111<1\t interf with the
q._l.ll:'e atian without pcicx IRX'OVal of
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IN WI'mESS WHEMX>F, the parties have signed this agreenent as of the day
and year set forth above.
Attest:
Patrlcli H. &alf, City Clerk
Attat:
~----------~~~---
AIR PalDl'ICII CXIftWL DMSICII
(:1 '11IB CXUJWX) I&Ail'DBft' (:1
HEAL'nf
~------------~~~~ ru:reaor
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f "l
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sun or
LXABXLXTY
CBRTXFXCA.TE OF
SBLF-XNSURANCB
MAllE AND ADDRBSS OP INSURED
ftt state ,, c:.1.,., ita ~. l•tu .. u-.
........ -.., tfflclala ...... ~ a..,l11C
U. llhtnitr of C:.l.,. at IIUM, U. 111-.nitJ
of C:.lonM at llnftr, U. llittnltr of C:.lonM at
C.l_. ., ..... tM 111-.nltr of C.l'""' ._."
lcl-C.ttr ... tfflclala ....... .,... """'.
CENERAL LIABILITY:
All _,.... an a.ti-
tttil ou.r.ltt tttlfi ...
AUTOIM)BILJ LIABILITY:
&11 _,.... an -u-•tll t*"itt •tifl ...
COVDAQD
lffeetht 11:11 • ._....r IS, IllS, U. State tf C:.l-*
'-a •lf·i-''" .....,. ta lta ,_nl liu1Utr ...
~ltliiWlltJ ......,.. ftt Ualta of Uullltr .....
• "'' eert1f1•ta an "'-I• ••a u. ltate _,u re,...
llllllitr ....-at te u. C:.l_. '-"-tal -..t, ut,
.. u. 14·11-111, ot ... Cll, ....... lill IMI, rint
lltrMKi-r .... ,. of tM rutr·IU" '-tal...-.,.
LIMITS of LIABILITY wu,..., ...... ......
""'rt' ..... ... -·-~·-........ ..
Wlb liJirJ ... ""'"' ..... C..i ...
..... ,.. ---·-........tt
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--·--~~~----~~====~==~-----------------
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OODINAOCE NO.
SElUES CE 1987--
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A BilL Fat
AN <R>nWO: RfPr.ALil«i <R>llWCE NO. 4, SElUES CF 1980, RElATII«i ro 'lliE
CPmATI~ CF A CABLE m.EVISI~ ~ wrmiN 'lliE CI'IY CF fKiLfXXD, AW
SUBMITl'Il«i 'ro 'lliE ~ ~ CF 'niE CI'IY CF flGa«XD 'lliE QUESTI~
CF 'lliE CI'IY CF mGD«XD GRM1'INi A nw«:HHSE ro lfiiTm CABLE CF ~.
ITS Sl~, TRANSnJU::ES, AW ASS~, 'ro J:lUI:T, ~, CPI!&\TE AW
~ IN, UPCl~, Al£Ni, JICR:lSS, ABOVE, CM:Jt AW tHD 'lliE ~. IW:WlS,
HIGIMAYS, AvmJES, ALLEYS, VIHXX:TS, IIUDGES, SIIli!NU.KS, PUBLIC l1l'ILITY AW
~ PUBLIC EASEMI'.Nl'S, PUBLIC WI\YS AW PUBLIC PL1ICES AW OfDICATI~ AW
~~~ IN 'mE CI'IY CR maao:D, Bam 1tS N:W IN EXIST'IH::E AW 1tS I9.Y
BE CREATm ~ ESTABLISHED OORn«:; 'mE nll4 CF SAID nw«:HHSE; NlY PCU.S,
\liRES, CTIBLES, ~. N~, GUY ~. LINES, TCJUS, Wl\vm.JIIES,
lHlEKiiOH> <DIXJITS, PWH:LES AW C7I'HElt m.EVISI~, N.DIO ~ fUI:'l'RICAL
m~, ~.~.FACILITIES, AWFDm.JRES~Fat
'mE K\INl'f2WCE AW CP!R\TI~ <F A CABLE m.EVISI SYS"lD4 Fat ~,
RB:EIVD«i, ~. NoFLIP'tiM:i, DlS'nUEl11'IK>, AW SELLIJ«> N.DIO,
VIDm, Nil anD P'CittS <F EI.B:'l'IOUC Cll EUX:'l'IUCAL SIQW.S AW 11IE RlCHl' ro
'mANSHIT 'lliE SM4E ro Nl> THE INHMITNII'S <F '111E CI'lY CF ; AW
FIXII«i THE TCM) AW ITl 'niEiUX»"; Nl> PRO\IIDII«i Fat 11IE CAil.ll«> 1M)
IDDII«i CF A GfH'.'JIAL E:Lfr1'I ~ SAID OJISTI , 'mE ~I 'l1tE
RESULT '1'tiDUXF, ~ EXB:.Vl'I oc:..rvmY SAID FIUIM:IWE
NDH>Il«i ro ITS PIG'06m 'lm1S, IF 'lliE RESJLT <F SlOl \01!: at
QUN..IFI AT SUCH f.Lll:Tl Stw..L ~ IE1"DDttMM!D
AFFIR-tM'IVE SAID I EMI!:Ialta
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Section 1. At the next regular nunicipal election to be held in the
City of Engle.uod on t~r 3, 1987, there shall be and hereby is
sutJnitted to a vote of the qualified electors of the City of Englewood the
questioo of granting United cable of Coloraoo the franchise hereinafter set
forth .
Sectioo 2 . 'lbe voting machines and paper ballots for said electioo
shall carry the follalo'ing designatioo which shall be the sul:missioo clause:
N1IHMNl' NO .
SIIALL TID: ~ID ~ CF TilE CI'lY CF EXilBIXD GRAm' A
~usc ro tJaTfD CABLE CF CCUJWX>?
I:ach elector voting at said electioo and desirous of voting for or against
said franchise shall indicate his choice by depressing the Cl(lpropriate
counter at the voting machine liotrlch 1ndicates the word "For" or "Aqainst"
or by the ~ropriate !Mrlting \.pll'l paper ballots, where used.
Sectioo 3. 'lbe folloong is the franchise to be voted ~ at the
next general 111.1nic1pal elect ioo:
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1. SHORT TITLE
This franchise shall be known and may be cited as the United
Cable of Colorado Franchise.
Mountain States Video, Inc. commenced construction of a
Cable Television System in Englewood pursuant to Ordinance No. 4,
Series 1980, by which Council granted a cable television permit
to such company. Such ordinances have been ruled invalid by the
Colorado Supreme Court.
The purpose of this Franchise is to confirm Mountain States
Video, Inc.'s, or its successor in interest United Cable
Television of Colorado, Inc.s (hereinafter Coapany or
Franchisee), right, privilege, and authority to construct and
maintain its Cable Television System in the streets, alleys,
easements, and other public ways and places of the city. The
Company's use of the streets, alleys, easements and other public
way s and places of the City from and after passage of Ordinance
No. 4, Series of 1980, for said purpose is hereby approved,
ra ifi d and confirmed.
2. DEFINITIONS:
Por the purposes of this Franchis , the following teras,
ph rases , words and their derivations shall hav the .. antng given
herein. When not inconsistent with the context, words used in
th preaen tense tnclude the future, words in the plural nuaber
tnclud th singular nu.ber, and words in the stngular nuab r
nclude th plural nuaber. Th word •ah 11• 1s al aya • ndatory
and no r ly dir ctory. rda no d fined shall 9 v n th ir
e n and ordtnary ning.
A. IC S
C . CA L
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D. CITY
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the origination, receipt, transmission, and
distribution of voices, sound signals, pictures,
visual images, digital signals, telemetry, or any
other type of closed circuit transmission by means
of electrical or light impulses, whether or not
directed or originating signals or receiving signals
off the air.
is the City of Englewood, Colorado.
E. COUNCIL -is the City Council of Englewood, Colorado.
F. FCC-is The Federal Communications Ca.aiaaion and
any legally appointed, designated or elected
agent or successor.
G. FORCE MAJEURE -shall mean, without limitation the
following: acta of God, strikes, lockouts or
other industrial disturbances, acta of public
eneaies, orders of any govern.ent of the
United States or of the State of Colorado, or
of any of their departments, commisa~ona,
agencies, or officials, failure of vendors to
supply equipment on a timely basis, ather
and any other cause or event not reasonably
within the control of the Franchisee.
H. FRANCHISE-when used in this agreement, Franchise
shall mean the nonexclusive and revocable
Cable Telev~aion Syatea Franchise granted by
this Franchise agreement, subject to all
I. FRANCAIS
li ita ions and r a r c ions conta1n d
therein.
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K. l-iULTIPLE DWELLING UNIT - a building including more than
four (4) separate residential units.
L. PERSON -is any person, firm, partnership, association,
corporation, company or organization of any
kind.
M. PUBLIC AGENCY -shall mean an agency which is supported
wholly or substantially, by public funds.
!l. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) CHANNELS -
shall mean those channels which, by the terms
of this Franchise agreement are required to be
kept available by the Franchisee for partial
or total dedication to public access including
local organizations, educational access, or
local governmental access.
0. SALES OR USE TAX -means any sales or use taxes or other
taxes on services furn1shed by the Franchisee
imposed directly upon any Subscriber or User
by the s ate, City or other governmental unit
and coll cted by th Franchisee on behalf of
said gov rnment uni •
P. STAFF CABLE TV C ~ITTEE -lS a comm1tte consisting of
City s aff appoint d by the City Manager.
Q. STATE-OF-THE-ART
advanc
t chnol
pilo
R.
s.
T.
u. u
an on which ia as
ata of product1on
xclud1n9 xp r1 ntal,
a y a t
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3. GRANT OF NONEXCLUSIVE REVOCABLE FRANCHISE.
A. There is hereby granted by the City to the Franchisee a
nonexclusive revocable, in accordance with the Charter
and ordinances of the City, Cable Television System
Franchise for the right and privilege to construct,
erect, operate and maintain, in, upon, along, across,
above, over and under the streets, alleys, easements,
public ways and public places now laid out or dedicated,
and all extensions thereof, and additions thereto, in
the City, wires, cables, underground conduits, manholes,
poles and other television conductors and fixtures
necessary for the maintenance and operation in the City
of a CATV System for the interception, origination, sale
and distribution of television, radio and other
communications signals on the terms and conditions set
forth in this Franchise, subject to the licenses and
permits required by the Charter, lunicipal Code, and
applicable rules and regulations of the City, as
amended. It is not the intention of this section to
grant rights or privileges that are beyond or in
addition to the title, pow r, and uthority of the City
D.
c.
o gran , and no w rran y or repres ntation is mad
cone rning any such righ or privileges or th C1 y•
power or author1ty to grant th same.
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2. This Franchise shall be construed as a whole so as
to give consistent, harmon i ous, and sensible effect
to all of its provisions.
3. Upon the effective date of this Franchise, the
provisions of this Franchise shall supersede a n y
provision of the Englewood Municipal Code
specifically pertaining to cable television in
existence on the effective date.
D. Execution, effective d ate, and duration of fran ch i s e.
1. This Franchise and the rights, privileges and
authority granted hereunder s hall take effect and be
in force frorn and after the effective date of t h i s
Franch i se as s p ec if i ed in t his section, an d s h a ll
continue i n f o rce and e ffect f o r a term of 1 5 y ea r s
thereafter.
2. Wi th i n f i fteen (15) day afte r a ppro v a l of this
Fra nch ise b y v o t e of such pe r sons r esiding within
th e C i ty as a r e entitled to vote upon the granttng
of this F r a nchise , h Franchisee shall signtfy its
acce pt ance of this Franch1s by executing this
Fra n c h ise . The Ci y shall concur r entl y execu th1s
Franc h ise and th Mayo r of the City and any o t h r
n e c essar y o r p r ope r officials of the City r h reby
aut hor ized and directed t o s1gn this F ra n ch1s in
th name of th Ci t y , and the Ctty Clerk 1s h r by
uthori z ed nd d r c d to a st to th sa , und r
a a l of t h Ctty, and to do all th1ngs n ces ry or
h d ltv ry of his Fr nchis , and f o r fully
carry1ng ou h a
3 . Th ef! c iv
da on which
c ord nc vi
Franchia shall th
d and d ltv r d n
on 2 o thi s a c 1on.
4 .
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circumstances beyond the Franchisee's control . Any
forfeiture or termination of this Franchise shall be
subject to procedures set forth in Section 28 of this
Franchise.
F. Any franchise granted hereunder shall be subject to the
right of the City:
1 . To repeal the same for misuse, nonuse, or the
failure to comply with the provisions of this
Ordinance, or any other local, state or FCC rules
or regulations subject to procedures set forth in
Section 28 of this Franchise .
2. To require proper and adequate extension of service
to all entities requesting service which are located
within the City in areas with a density of
seventy-five (75) "potential" Subscribers , per
Technical Hile or greater. The Franchisee shall
continue to ~ake orderly extens~on of service with
all due and reasonable dil~gence o any current or
future areas of the City not currently served by a
cable ystem.
t otwHhst nding
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3.
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on an annual basis of any recomputation of these
differential rates.
Notwithstanding the foregoing, if installation of
cable service to any potential subscriber requires a
Subscriber Service Drop in excess of 150 feet,
Franchisee shall be allowed to charge an
installation surcharge equal to Franchisee's cost of
installation .
Construction was commenced by Franchisee under City
Ordinance No. 33, Series of 1967, after it obtained
the necessary permits and approval of the FCC and
other agencies. Franchisee completed construction
of the CATV System within the then existing
boundaries of the City. Franchisee is presently
constructing in areas of the City currently under
development. Franchisee shall continue to
diligently pursue construct~on of the CATV System,
but if by rea son of Force MaJeure it is unable, in
wh ole or in par , o carry out its obligations under
this Franchis , ~t shall no be de med in d fault dur~nq the continu 1on of such inability to
perform.
To establish reason bl
quality of produc and
discrimination 1n s rv c
au scrib rs.
standards of aerv1ce nd
o prev n unjust
or rat by class of
4. To r qu1r con 1nuous and un1n
th public 1n accord Wlth to
ranch1s throu9hou ntlr
5.
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5. TERRITORIAL AREA INVOLVED: This Franchise relates to the
present territorial limits of the City and to any area henceforth
added thereto during the term of this Franchise (ordinarily
co-extensive with the city limits of the City of Englewood).
6 . LIABILITY AND INDEt·1NIFICATION:
A. The Franchisee shall, at its sole cost and expense,
fully indemnify , defend and hold harmless the City, its
officers, boards, commissions and employees against any
and all claims, suits, actions, liability and judgments
for damages arising out of the Franchisees activities
under this Franchise.
D. The Franchisee shall pay and, by its acceptance of this
Franchise , Franchisee specifically agrees that it will
pay all damages and penalties whic h the City may legally
be required to pay as a result of the granting this
Franchise . These damages or penalties shall include,
but shall not be limited to, damages arising out of
copyright infringements, unauthorized tak1ng, royalty
pay~ents, the Franchisee's fa1lur to comply with th
provisions of a federal, st t or local st tute,
ordinance or regulat1on and 11 oth r dam ges arising
out of the installation, op ration, or maintenanc of
th CATV Sy em authorized h r in, wheth r or no any
act or omission compl ined of 18 au hor1zed, allow d, or
prohibit d by this Fr nchi s , with h exception of P G
Chann 1 or le ed chann 1 l1ab1l1 y a prov1d d or 1n
S ct1on 638 of the c bl Ac or d ar1 ng ou of
th n ~lig nee of the Ci y, 1 • loy s.
c .
D.
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might have against the Franchisee under the terms of
this section.
E. The Franchisee shall maintain and, by its acceptance of
this Franchise, specifically agrees that it will
maintain, throughout the term of this Franchise,
liability insurance insuring the City and the Franchisee
with regard to all damages mentioned above in the
oinimum amounts of:
1. Five Hundred Thousand Dollars ($500,000) for bodily
injury or death to any person, within the limit,
however, of One Million Dollars ($1,000,000) for
bodily injury or death resulting from any one
accident .
2. Five Hundred Thousand Dollars ($500,000) for
property damage resulting from any one accident.
3. Two Hundred Fifty Thousand Dollars ($250,000) for
all other types of liability.
F. The insurance policy obt ined by Franch1se in
coMpliance with this s ct1on must be approved by the
City Attorney and such 1nsurance policy along with
current certificate of insurance shall b filed and
a1nta1ned with the City Clerk dur1ng th term of this
Franchise and May be required by the City to be changed
fr 1 to im to r fl ct changinq liab1lity limits.
Th rranch1s e shall diately adv1 th Ci y
A y of any li igation ha may d v lop that would
is in urance.
G. th1s sec 10n nor any d mag s
und r shall constru d to
Franc 1 1 r th1 a
H.
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9. COLOR TV:
The facilities used by the Franchisee shall be capable of
distributing color TV signals, and when the signals the
Franchisee distributes are received in color, they shall be
distributed in color where technically feasible.
10. SIGNAL QUALITY REQUIREf.IENTS:
Franchisee's product quality shall be in accordance with the
specifications and requirements promulgated by the FCC and shall:
ll.
A. Produce a picture, whether in black and white or color,
that is undistorted, free from ghost images, and
accompanied with proper sound on typical standard
production TV sets in good repair, and as good as the
State-Of-The-Art allows;
B. TransMit signals of adequate strength to produce good
pictures with good sound at all outlets without causing
cross-modulation in the cables or interfer1ng with other
electrical or electronic systems;
C. Limlt failures t o a MlnlMum by locat1ng and correcting
malfunctions promptly but, ln no event, longer than
seven (7) days after notice unless by re son of Force
f.lajeure it i unable to do so.
D. D monstrate by instru nts and otherw1a to Subscrib r s
hat a signal of adequat atr ng nd quality is b 1ng
d 1 v r d and m ta all relevan apeci cat1on of FCC
and oth r applicabl d ral, • t nd loc 1
r ula 1 ona .
and
u
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on , n
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be received at any time, and be staffed to allow
appropriate use of studio and of portable equip~ent.
D. Franchisee shall comply with any other agreements with
the City for the maintenance of buildings within the
City.
E. All FCC regulations shall be compl1ed with regarding the
carriage of the programming of any existing or future
television broadcasting station whic h covers the City in
its principal broadcasting area. Franchisee's
distribution syste~ shall be capable of carrying at
least fifty-four (54) channels on trunk cable
construction and have two-way communication capacity
when available in other systems or affilia ed systems of
Franchisee within the Denver metro area, excepting any
cable television systems acquired by Franch 1see after
the date of this Franchise.
F. The Franchisee shall periodically upgrade its
facilities, equipment and service so that its system is
as advanced as the current state of production
technology will allow. Franchisee shall install
additional channel capacity as requir d to ke p channel
capacity in excess of th demand therefor by Users. At
all times, the Syst ~ shall be no less advanced than any
other system of Franchise 1n the Denver Metro area
serviced by the same headend site, and activated at
approximately th sa~ ime as the Ci y, e.g., 1-t •
Horr1son headend, with the Ci ie of Aurora, Arvada,
Weatminst r, Fed r 1 II ights, Co~ rce City, Gr nwood
Village, Cherry llills Villag , and Sh ndan exc ptlng
only syst ~s wh1ch ar x p r1m n al, pilot
d nonstration. Th Staff C bl T .V. Co ord r
h Fr nchia o com ly w h th1a a of
ap c1fic VlOl 1ons which 1t may 1nv
complain or on 1 • own 1on.
c.
H.
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12. PROGRAf.1 ALTERATION:
Subject to federal law, all programs of broadcasting
stations carried by the Franchisee shall be carried in their
entirety as received, with announcements and advertisements and
without additions, deletions or alterations. Exception: The
foregoing restriction on programming alterations shall not be
applicable in any national or local emergency.
13. PARENTAL CONTROL DEVICE:
A device, parent guidance key, shall be made available to
residents at a cost of materials plus handling charges, in
accordance with Section 624 (d)(2)(A) of the Cable Act.
14. ~~RGENCY USE OF FACILITIES:
In the case of any City, state, local or nat1onal emergency
or disaster, the Franchisee shall upon request of the City
Council, C1ty Manager or his designated representat1v (s), mak
ava1lable, to the extent necessary, i s facilities w1th1n
one-half hour or less to the City for emergency use dur1ng the
e rgency or disaster per1od. Such use shall b at no cost to
the City.
15. OTHER DUSINESS ACTIVITIES:
This Franchise au hor1zea only
Syst s provid d for h rPln and do s
o her cer ificat , l1cens , or p r it
h Franch se by 1 w.
16 • .,sA ..... -..-;.....;;=-oo..;..;-"=--.----.
A. Th
nd shall
1ndus ry
and ccid
in ) r1 s,
l
op ration of • CATV
no tak th pl ce of any
h1ch m gh r qu1r d o
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D. The Franchise~ shall maintain a force of one or more
agents or employees at all times and shall have
sufficient employees to provide safe, adequate, and
prompt service for its facilities. All subcontractors
employed by the Franchisee shall be bonded and trained
in their area of work.
17. Nell DEVELOPMENTS:
It shall be the policy of the City liberally to a~end this
Franchise, upon application of the Franchisee or on City's own
initiative , when necessary to enable the Franchisee to take
advantage of any developments in the field of transmission of
television, radio signals and data transmission which will afford
it an opportunity to more effectively, efficiently, or
economically serve its customers, provided, however, that this
section shall not be construed to require the City to make any
amendment or to prohibit it from unilaterally changinq its policy
stated herein .
18. CONDITIONS Otl RIGIIT-OF -UAY OCCUPANCY AND USE:
A •
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D. Any fixtures placed in any public way by the Franchisee
shall be placed in such a manner as not to interfere
with the usual travel on such public way.
E. The Franchisee shall, on the request of any person
holding a building ~oving permit issued by the City
temporarily raise or lower its wires to permit the
moving of buildings. The expense of such temporary
removal or raising or lowering of wires shall be paid by
the person requesting the same, and the Franchisee shall
have the authority to require such payment in advance.
The Franchisee shall be given not less than forty-eight
hours• advance notice to arrange for such temporary wire
changes .
F . The Franchisee shall have the authority, upon reasonable
notice to the Staff Cable TV Committee, to trim trees
upon and overhanging the streets, alleys, easements,
sidewalks, and public ways and places of the City so as
to prevent the branches of such trees from coming in
contact with the wires and cables of the Franchisee,
except that upon a failure of the Franchisee to
d q uately perform a the option of the City, such
tr ~ing may b done by it or under its sup rvision and
direction at the expense of Franchl ee.
G. All cable , w1re s or other like fac1lities shall be
placed overhead wher there are xisting overhead
fac1lit1es. At such t1 as oth r like facilities are
requ1r d by law or o rd1nanc o f the C1ty o go
I.
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under9round, or lr dy ex1 s und r9round, the
1.
shall al so b requ1r d o pl c it s
und rground. The Franch1s is ncouraqed to
b1-la eral or tr1 -lat r a l under9round1n9
with o h r u 11 tl •·
-u -
r o Po l
l oc or,
, loca
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determines that the public convenience would be
enhanced thereby.
2. \/here poles or other wire-holding structures already
existing fo r use in serving the City are availab le
for use by the Franchisee, but it does not make
arrangements for such use , the City may require the
Franchisee to use such poles and structures, if it
determines that the public convenience would be
enhanced thereby and the terms of the use available
to the Franchisee are just and reasonable.
J. Uhere the City or a public utility serving the City
desires to ma~e use of the poles or other
wire-holding structures of the Franchisee, but
agreement therefor with the Franchisee cannot be
reached, the City Council may require the Franchisee
to permit such use for such consideration and upon
such terms as the Council shall determine to be just
and reasonable, if the Council deterMines tha the
use would enhance the publ1c conven1ence nd would
not unduly 1nterfere with the Franch1see•s
operations.
19. RIGHTS OF PI:RSONS AND SUOSCRIBEr-S:
A.
Su
dl
of
3 (F), th rranch1see shall not, as
s rv1ce fac1lit1e , rul a,
-l
sp ct, make or grant ny
1n a ur d and
•• pro vid d in
or
nch1s
100 631
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22 . TRA.:~SACTIONS AFFECTING OWNERSHIP OR CONTROL OF FACILITIES.
Should Franchisee ever propose to sell the CATV business
governed by this Franchise for cash or cash equilvant or where
owne rs hip or control of more than thirty percent (30 ~) of the
right of control of the Franchise is acquired by a person or
group of persons ac ting in concert, none of whom own or control
thirty percent (30 ~) or more of such right of control , singularly
or collec ively , the City shall be notif~ed and provided wit h the
name and financial information of the buyer except privileged infor~ation which has been provided the Franchi see pursuant to
the sa le. Prior approval of the City Council shall be required
for such a sale, which approval shall not be unreasonably
withheld.
23. PILI GS AND COilfolUNICA'fiOt S \H TII REGULATORY AGI::NCIES.
Copies of all petitions, applications and comnunications
submitted by the Franch~see to the Federal Communications
Commiss~on, Securities and Exchange Cornrn~ssion, or any other
federal or state r egulatory cornrn~ss~on or agency having
jurisdic 1on in respec o any natters affect1ng CATV op rat1ons
author1z d pursu n to th1s Franchis sh 11 also be sub m~tted
upon r quest to the City Counc11 nd th S f Cable TV
Cornrnitt
24 . CITY RIGIITS IN FRAUCIIISI.:j REGUL.ATIOII
A. Th r1ght is
Committ
o.
c.
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City shall maintain insurance covering this type of
activity for the life of this Agreement.
D . The City shall have the right to supervise all
construction or installation work performed subject to
th e provisions of this Franchise and make such
inspections as it shall find necessary to insure
compliance with the terms of this Franchise and other
pertinent provisions of law.
c . The City shall have the right, in its disc retion, to use
any part of its PEG channels for the purpose of data
transmission as may be required for local governmental
use. This use shall be subject to any regulations of
the Public Utility Commission (PUC) of Colorado and the
Federal Communications Commission (FCC).
F. Upon termination or cancellation of this Franchise, as
provided for herein, the City shall have the right to
require the Franch1see to r mov at its own expense all
portions of the CA'fV System from all s reets, alleys,
easements nd other publ1c rights-of-way w1th1n the
Ci y.
G. The City may grant any nuMb r of fr nch1ses for a CATV
System within h C1ty subJect o Sect1on JB of this
Franchi withou pr JUdlc o this Fr nch1 , and
co-xis ent Wlth th1a Franch1s . The Staff C ble TV
Co~itt will noti y Franch1 of any ppl1c tion
and/or fr nch1s qranted by th City.
25. TS.
A. sh 11 f1l Wl h th C1 y Cl rk tru nd
or pla • of all x1a 1ng and proposed
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C. The Franchisee shall keep on file with the City Clerk a
current list of its stockholders and other persons that
have a financial interest in the Franchisee .
26. PAYt-tENT OF FRANCHISE FCE.
A. For the reason that the streets to be used by the
Franchisee in the operation of its CATV System within
the boundaries of the City are valuable public
properties acquired and maintained by the City at great
expense to its taxpayers, and that the grant to the
Franchisee of the use of said streets is a va l uable
property right without which the Franchisee would be
required to invest substantial capital in right-of-way
costs and acquisitions, and because the City will incur
costs in regulating and administering the Franchise, the
Franchisee shall pay to the City an amount equal to five
percent (5~) of the Franchisee's annual gross revenues
as defined in this Franchise. The amount of the
Franchise fee shall be subject to review upon any change
in the jurisdiction of the FCC to regulat such fe s or
the FCC regulations relating to such fees.
B. Th Franchise fee and ny other costs or penaltie
ass ssed pursuan to this Franch1se shall be pay bl
the City on a quarterly bas1s. Said p yments shall
deposited with the City f1nanc office. The Fr nch
shall file a conple and accurate, v rified st t
of qross r venu s dur1ng the per1od for which a 1d
quarterly pay n a made, nd s 1d p ym nt sh 11 b
made o he C1 y n~t 1 t r h n for y-five (4S) d ya
fter th xp1ra of h qu r r wh n du
c.
o.
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E . No acceptance of any payment by the City shall be
construed as release of or in satisfaction of any claim
the City might have for further additional sums payable
under the ter@s of this Franchise or for any other
performance or obligation of the Franchisee hereunder.
In the event that any payment is not made when due, the
Franchisee shall be subject to the penalty provided
herein.
F. If Franchisee fails or refuses to pay the fee imposed
within the time prescribed herein, a penalty of ten
percent (10~) on the unpaid halance shall be assessed by
the City against such Franchisee, and the said fee,
together with the penalty assessment and interest at the
prevailing rate shall be, and hereby is declared to be,
a debt due and owing from said Franchisee to the City
and subject to collection by an action at law brought by
the City in any court of competent jurisdiction for the
purpose of such collection.
G. Fees paid by the Franchisee to the City under this
section shall be considered in addition to and exclusive
of any and all non-discriminatory taxes, business
l1cense fees or other levie or assessm nt which are
now or which may hereafter be authoriz d by the laws of
the United States, State of Colorado, or City.
27. SALES TAX.
Th Franch1 s
percentage Al'loun
such oth r ~unt
Subacnber a rv
monthly b a a .
28.
l l
shall coll ct
qu1val n to the
hat shall b un1
Th t X ah 11
monthly s lea t x of
City's prev il ng rat or
ormly 1 vi d on monthly
b p id o h C1ty on
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4) evad any of the provisions of this Franchise or
prac ~ce any fraud or deceit upon the City.
n. o Pranch~se t rm~nation proceeding based upon violation
of a rna er~al provision of the Franchise shall be
co enc d without formal written notice to Franchisee of
h all ged v1olation and a 90-day period following such
not1ce 1n wh~ch Franchisee may cure the violation. If
he viola 10n cannot reasonably be cured within 90 days,
Franchisee must submit a plan for curing such violation
for approval by the City.
C . The termination and cancellation permitted by this
section shall be by ordinance duly adopted after 90
days • wr itten notice to Franchisee that Franchisee has
failed to cure the violation in accordance with
Subsection (B). This shall in no way affect any of the
City's rights under this Pranchise or any provision of
law. In the event that such termination and
cancellation depends upon a finding of fact, such
finding of fact as made by the City Council or its
representative shall be conclusive. Provided, however,
that before this Franchise may b terminated and
cancel d under this section, the Franchisee must be
provided with an opportunity to be heard betore the City
Council in a public hearing.
D. Any decision of the City Council pursuant to this
section shall b subject to rev1ew in a court of
comp tent jurisdiction.
29. CITY'S RIGHT OF WTERVCN'r!Ot.
The Fr nchis gr h
C1ty in any suit or proc
p rty.
s not to oppoa
ding to which
int rven on by
he Franch1s 1s
30 •
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its unconditional acceptance of this Franchise and
promise to comply with and abide by all its provisions,
terms, and conditions. Such acceptance and promise
shall be in writing duly executed and sworn to, by or on
behalf of the Franchisee before a notary public or other
officer authorized by law to administer oaths .
B. 5hould the Franchisee fail to comply with subsection A
above, it shall acquire no rights, privileges, or
authority under this Franchise whatever.
32. RATES.
33.
A. While federal legislation, the Federal Communications
Commission, or the State of Colorado preempt the
regulation of rates of the Franchisee for the service
provided for in this Franchise, this Franchise shall not
regulate rates for services provided by Franchisee.
Provided, that any such legislation or regulation shall
not relieve the Franch1se of any of the the other
obligations, rights, or dut1es 1nposed upon it by the
granting of this Franch1se and providing that should
such regulations be renov d, th Ci y reserves the right
to regulate rat s 1n accordanc w1th federal law or as
th partieR may ~utually gre •
D. to action shall be ak n by the
resp ct to the Franchis
until th Franchisee has
th r of and an opportun1
with regard thereto.
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undertaken, Franchisee and the City Council shall
mutually agree to a designated period of time during
the week for which Englewood requires priority use
of cable cast time. Franchisee shall make a
diligent effort to insure cable cast of City
programs within a reasonable time and at a
reasonable hour.
2. Four (4) years following Franchise approval, the
Franchisee shall provide to the City one separate
channel for the programming by the City and/or its
designees of PEG access information. Said channel
shall be available to the City and/or its designees
on a priority basis of sixty (60) percent of all
operation time which shall include sixty (GO)
percent of "prime ime" (mountain time). City may
approve use of this PEG channel for additional
purposes by the Franchisee upon written request of
Franchisee . Said channel s hall be w~thin the
Franch~see•s current 54 channel capacity, e.g.,
Chann 1 20.
a.
1.
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Association. Within 30 days after appointment of
both arbitrators, the arbitrators shall commence a
hearing on installation of an institutional network
based upon the factors set forth in this Section 33
(C). The arbitrators shall render a decision no
later that 60 days following commencement of
arb i tration. Parties shall jointly share the cost
of arbitration. If the arbitrat o rs determine that
Franc h ise e is require d to bu i ld an in s titutional
network, s uch network sh all b e i n place and
operational no later than two years following the
decision of the arb i trators.
2 . The deci s ion of the a rbitrators shall b e final and
bin d ing upo n the p ar ties . Notwi ths t anding t h e
f oregoing , ei t he r t he City or F r anchisee ma y seek
j u di c i al r elie f of t he d ecision of the arb i trat o r s
if (i) one o r mo r e of t he a rb i trat o r s is
un q ual i f ied , (ii) the a r bi tr ators d i d not p r oce ed i n
a n e x ped1tious ~anner , o r (iii) based upon the
r ecor d , one or more of the arbit r ator s abused their
disc r e t ion . In the e v ent a court of compe t en t
jur isdict 1 on de rn1nes that one or more of the
a b ove factor s has occu r red , such court may order t he
a r bi tr a t ion procedur r peated and issue f1ndings ,
orders and d1rect1ons, with cost of suit to be
a wa r ded to th prev ail1ng party .
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appropriate equipment for the public use. This system
shall be reviewed by City Council on recommendation of
the Staff Cable TV Committee required under this
Franchise. Cost of maintenance of the studio and
equipment (both main studio and portable) shall be borne
by Franchisee. Fees, if any, charged for the use of
studio or equipment must be comparable to other similar
fees in the Denver metro area.
F. Franchisee is encourage d to employ a program and
production director to promote public use of the PEG
access channels and to advise such users . Franchisee
shall provide necessary training of public and City
personnel and other interested persons for use of the
equipment provided under this section.
G. Franchisee shall provide one f ree service outlet and
basic services, to all public and parochial school
locations within the City l1mits and at designated City
locations dur ing the life of this Franch1sc .
II. City Council shall determine v1olations of th1s s ct1on
upon the recommendations of the Staff Cabl TV Committee
aft r a hearing, if such hearing is request d by the
Franchisee.
34. STAFF CADLE T.V. COiliUT'r'J::E
There shall be t blish d a 5ta f Cabl TV Conm1ttee to
coord nat and r v1ew conpl1anc of th provis1on of thl
rranch s w1th rranch1s Such r vi ws shall be on n period c
b 818 with cloa att ntion to dev lop nta 1n th industry nd
serv1c to th c1t1zen a of Engl wood.
, w1th h rty d ya (301
(51 y ara which hall
o ica cov red in such
o ~1a ranch1a • In
•
rev
dch
fro
wrttln , o r qu
f 1v (5 I work1n d ya.
s.
1
1.
s -
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36.
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one hundred dollars ($100.00) per day for each day
violation occurs or conti n u es .
2. For failure to test, analyze and report on the
performance of the CATV System following a request
pursuant to this Franchise, the Franchisee shall pay
to the City one hundred dollars ($100.00) per day
for each day, or part thereof, such noncompliance
continues.
3. For failure of Franchisee to comply with technical,
operational or maintenance standards, Franchisee
shall pay to the City fiv e hundred dollars ($500.00)
per day for each day, or part the reof, that such
noncompliance continues .
4. For failure t o prov ide equipment or se rv ices
specified in t his Franchi se , unl ess the City Council
specifically approve s such a change by ordinance,
the Franchisee shall pay to the City fi ve hundred
dollars ($500.00) per day for each day , or part
thereof , the de iciency con in ues.
B. No ass sam nt of liquida ed d ma agains t Franchisee
under th1a Section 35 shall be conmenced without fo r mal
wr1tten notice o Franch1see of llc ed v1olation and a
ninety (90) day per1od follow1nq such not1cc in which
Franchisee may cure the v1olation . If the v1ol tion has
not b n cur d w1th1n th n1n y (90) days liqu1dated
dam gea Wlll b d a er h ar1n b or City
Counc11.
c . d • purauan
cSunnq
c tv
r d1o
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connection c~arges paid by him based on a formula of an amount
equal to the initial installation and connection charges paid by
Subscriber divided by thirty-six (36) and multiplied by a number
equal to thirty-six (36) minus the number of months the
Subscriber has been on the system. This refund will not be
required if such cessation is due to Force rtajeure.
33. CONTINUIT Y OF SERVICE !WWATORY.
A. It shall be the right of all Subscribers to continue
receiving service insofar as their financial and other
obligations to the Franchisee are honored. The
Franchisee shall use its best efforts to ensure that all
Subscribers receive continuous, uninterrupted service
regardless of the circumstances.
D. In the event of a change of ownership, or in the event a
new operator acquires the Franchisee's system, the
Franchisee shall cooperate with the Ci y and new
Franchise holder or operator in ma1ntaining cont1nuity
of service to all Subscr1bers. During such period,
Franchisee shall be entitled to the revenues for any
period durinq wh1ch it opera es the System , and shall be
entitled to r asonable co ts for 1ts s rvices wh n it no
lonqer operat s th Sy m.
c.
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at the local office of the Franchisee during regular
office hours.
39 . SYSTEM TESTING .
A. Tests and measure~ents to ensure compliance with
technical standards shall be performed in a manner that
is consisten t with the provisions of The Cable Act and
Current FCC Regulations .
D. All tests and measurements required to be made by the
Franchisee shall be recorded, maintained and made
available upon request to the Staff Cable TV Committee .
C. \lhere there exists evidence , which in the judgment of
the Staff Cable TV Comnittee casts doubt on the
reliability or quality of cable service, the Staff Cable
TV Conmittee shall have the righ to require Franchisee
to perform tests and analyses directed toward such
suspected inadequacies. Franchisee shall fully
cooperate with the Staff c ble •rv Committee in
perfor~inq such test and shall prepare results and a
report, 1t requested, within thir y (30) days after the
te ts. Such report shall 1nclud the following
infor~at1on:
D .
l. The nature of th compla1n o r probl m which
prec1p1tated the spec1al s s .
2. \/hat systelll conpon nt s d.
3 . qu1p111 nt u& d and proc dur mploy d 1n
nq.
4. Th m hod, any, in WhlCh such compl int or
problem
5. Any o h
analyu
wa r solv d.
p r 1n
r q ur
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o s id t s s nd
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has reasonable grounds to believe that the complaints or
other evidence require that tests be performed to
protect the public against substandard cable service.
The number of tests shall be reasonably related to the
evidence of unrel i ability or poor quality found by Staff Cable TV Committee.
4 0. FRANCHISE PUDLICA'l'ION AND ELECTION COSTS.
The Franchisee shall assume the cost of publication of this
Franchise as well as election costs as required by law and such is payable as required by law.
41. SEPARABILITY.
If any section, subsection, sentence , clause , phrase, or
portion of this Franchise is for any rea son held invalid or
unconstitutional by any court of competent j ur isdiction, such
portion shall be deeme d a separate , distinctly, and independent
p rovision and such hol ding shall not affect the validity of the remaining portion s hereof.
4 2 . AUTHORITY TO At-tEND.
The City rese rves th right to ~nd thi Franchise by
ordinance at any tiNe by agreement upon giving thirty (30) days•
notice to the Franchise of its intention to do so and so long as
such Anendments do not violat the int nt of this Franchis and the ri~hts of Pranchis e contain d herein.
43. EPPECT OF PRANCIII'"£.
This Franchiser plac to . 4, S riea o! 1980,
City o! Englewood, aa r qu r d by the Colorado Supr me Cour
decision, Communita Tel connun cat one, Inc. v. Th 11 ather
Corporation, laaue February 21, 1984. AT! violatlone of th
prior ordinances, and ta lure by r nchie or ite predec ••ora
to pertorm thereund r, ar h r by waiv d to th xtent that 1 k
r quir menta are i po d by th11 Franchiee and com 1 d wi h
by th Franchia Th1a wa1v r shall not cona r o
any Cu ure v1ol t on by r nch1 o any ter Pr nchile •
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4 4 . NO TIC ES .
All notices provided for in this Franchise shall be in
writinq, sent by registered or certified mail, postage prepaid,
to the Ci ty and Franchisee at the addresses set forth below,
unless either party notifies the other party in writing of a
change of such address:
To the City: City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
To Franchisee: Unit e d Cable Television of
Colora d o , I nc .
68 50 So ut h Tuc s on Way
Englewood , Col o r a d o 80112
TIIIS AG r:cm:NT l'lade an d e nt e r ed into t his __ day of
------------· 1 907 .
lJl ITJ;D CAlli, TCL V I !>IO OF
COLOa.\00 , I C .
By ____________________________ ___
Attes t :
CITY or t:l~GLEUOOO , COLORADO
Dy ______________________ _
At at:
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Section 4. The proper officials of the City of Engl~ shall give
notice of said general llllnicipal election, which notice shall be published
in the manner and for the length of time required by law, and the ballots
cast at such election shall be canvassed and the result ascertained,
determined, and certified as required by law.
Section 5. An emergency is declared for the welfare of the citizens
of the C1ty of fl-lgl~ in that an election nust be held on the United
cable franchiae because of the recent SUpreme Court decision on Heather~
Cit!!l ell Bnn'*r (' L "
• iiiiilll-t rn., ... ..tl""
IntroclJoed, read in full, and passed on first reading on the of
1987. ----
1987.
Published as a Bill for an Ordinance on the day of----
Attest: Qngene L. 0t 1s, Hi!yor
Patricia 11. Crow, city clerk
I, Patricia 11. Crow, City Clerk of
hereby certify tha the ~ and foreqou'll)
ordinance, intrcd.noed, l"eftd 1n full, and
day 0 1 1987.
C1ty of Dlglewood, Colorado,
• a true copy of a Bill for
on fint reading on the _
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OODINAI'CE NO.
SERIES CF 1987--
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BY A11llQUTY
A BILL~
<XUCIL BILL NO. 62
INrRCJXX:ID BY <XUCIL
M&1Bm ------
AN (IU)nwa REPJ?JU.n«; (IU)INAI'CE NO. 4, SERIES <F 1980, RErATING ro THE
CP~I~ <F A CABLE TELEVISI~ SYS'ID1 WITHIN THE CITY <F fl«iLEHXD, AM>
sumaTTING ro THE QUALIFIID ~ <F THE CITY <F DGD«XD THE CUESTI~
<F THE ciTY <F fl«iLEHXD GAANriNG A nwouSE ro wrrm CABLE <F a:uJWlO,
ITS Stx:x:m9CPS, 'l"RANSFElU:ES, AKl ASSIGNS, ro mEX:T, cx::NSTRUCT, CPERATE AKl
MIUNl'AIN IN I UP(l~ I .AU:)~; I 1ICR)S5 I AI!ANE I ()l.lm AK) ~ THE 5'l'Rmr5 I R:W>S,
IIIGiflllAYS, AvmJES I ALLEYS I \1IADlx:TS I BRIDGES I SIDE1NALKS, PUBLIC l1l'ILITY AM)
omER PUBLIC F.ASfl4ENI'S, PUBLIC WAYS AKl PUBLIC PIJICES Nl:l DfDICATI~ Nl:l
RESflrVATI~ IN 'niE CITY Ct' D«iLD«XD I IICmi AS tOol IN EXIS'l"flCE Nl) AS MM'
I3E CREATED rn ESTABLISHID OORI!«i THE Tmt <F SAID PRAN:HISE; 1tNY P{1ES,
UIRES, CABLES I ANl'fltiAS, N~ I QJY WIRES, LINES I 'l'CIERS I WAvmJIDES I
~ CXNXJITS I MNHLES Nl:l amrn TELEVISI , AI.I)IO rn fl.B:'miCAL
~~ ~~ ~. FACILITIES, Nl:l FIX'IUU:S ~ ~
'niE HIUN'l"f1WCE ~ A CABLE TELEV15I SY5TfJo4 PCR P!Ul.Clt«i I
RJJ::EIVD«:i, ~. NFLIFY IJJr SELL Al.l)lO,
VIIB>, amrn CE THE RIGm' ro
TfWISMIT THE
FDCIH; '1'Dt1S N
tDD A ULI'IUVU..
RESULT 'niDU:a' I rrs PWJPOS:Im
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Section l. At the next regular nunicipal election to be held in the
City of Engl~ on t«:M:!ntler 3, 1987, there shall be and hereby is
submitted to a vote of the qualified electors of the City of Englewood the
question of granting United cable of Coloraoo the franchise hereinafter set
forth.
Section 2. "nle voting machines and paper ballots for said election
shall carry the following designation which shall be the submission clause:
SIIALL no: ~IFIED ~ CF 'niE CITI CF ElG.ElaD GRANT A
rnAOCIIISE 'ID UNITED CABLE CF CCUIWX>?
each elector voting at said election and desirous of voting for or against
said franchise shall indicate his choice by depressing the apprcpriate
counter at the voting machine which indicates the word "For" or "Against"
or by the appropriate marking ~ paper ballots, where used.
!Jection 3. "nle following is the franchise to be voted ~ at the
ne>..-t qenera:l nunicipal elect ion:
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1. SHORT TITLE
This franchise shall be known and may be cited as the United Cable of Colorado Franchise.
Mountain States Video, Inc. commenced construction of a
Cable Television System in Englewood pursuant to Ordinance No. 4,
Series 1980, by which Council granted a cable television permit
to such company. Such ordinances have been ruled invalid by the Colorado Supreme Court.
The purpose of this Franchise is to confirm Mountain States
Video, Inc.'s, or its successor in interest United Cable
Television of Colorado, Inc.s (hereinafter Company or
Franchisee), right, privilege, and authority to construct and
maintain its Cable Television System in the streets, alleys,
easements, and other public ways and places of the city. The
Company's use of the streets, alleys, easeaents and other public
ways and places of the City from and after passage of Ordinance
No. 4, Series of 1980, for said purpose is hereby approved, ra ified and confirmed.
2. DEFINITIONS:
For the purposes of this Franchise, the following terms,
phrases, words and their derivations shall have the meaning given
her in. When not inconsistent with th context, words used in
th pr tens includ the futur , words in the plural nuaber
includ singu lar number, and words in the singular numb r
includ plural nu.Oer. Th word •shall• is always aandatory
and r ly directory. Words no d fined shall be giv n th ir c n and ordinary mean~nq.
A. BA"'IC
D. CA L! ACT -
ons Policy Ac
c.
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D. CITY
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the origination, receipt, transmission, and
distribution of voices, sound signals, pictures,
visual images, digital signals, telemetry, or any
other type of closed circuit transmission by means
of electrical or light impulses, whether or not
directed or originating signals or receiving signals off the air.
is the City of Englewood, Colorado.
E. COUNCIL -is the City Council of Englewood, Colorado.
F. FCC-is The Federal Communications Commission and
any legally appointed, designated or elected
agent or successor.
G. FORCE MAJEURE -shall .aan, without limitation the
following: acts of God, strikes, lockouts or
other industrial disturbances, acts of public
enemies, orders of any government of the
United States or of the State of Colorado, or
of any of their d partments, commissions,
agencies, or officials, failure of vendors to
supply equipment on a timely basis, weather
and any other caus or event not reasonably
within the control of the Franchisee.
H. FRANCHISE -when us d in this agrement, Franchise
shall mean th non xclusiv and revocable
Cable Tel vision System Franchise granted by
this Franchise agre nt, subject to all
limita ions and restrictions contained
therein.
I. FRANCHISE! -shall an and
h
J. RO
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K. MULTIPLE DWELLING UNIT - a building including more than
four (4) separate residential units.
L. PERSON -is any person, firm, partnership, association,
corporation, company or organization of any
kind.
M. PUBLIC AGENCY -shall mean an agency which is supported
wholly or substantially, by public funds.
U. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) CHANNELS -
shall mean those channels which, by the terms
of this Franchise agreement are required to be
kept available by the Franchisee for partial
or total dedication to public access including
local organizations, educational access, or
local governmental access.
0. SALES OR USE TAX -means any sales or use taxes or other
taxes on services furnished by the Franchisee
imposed directly upon any Subscriber or User
by the state, City or other governmental unit
and collected by the Franchisee on behalf of
said government unit.
P. STAFF CABLE TV COMMITTEE -is a committee consisting of
City staff appointed by the City Manager.
Q. STATE-OP-TtiE-ART SYSTtlt -shall l!lean one which is as
advanced as the current state of production
t chnology will allow , excluding experiment 1,
p lot or d monstrat1on systems .
R. SUBSCRIBER -shall mean a p rson or organization whose
pr mises are physlcally wired to r ceiv any
ransmi ssion froa th Syst •·
s. SUBSCRI
or
T. T Clf ICAL
t
u. u
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3. GRANT OF NONEXCLUSIVE REVOCABLE FRANCHISE.
A. There is hereby granted by the City to the Franchisee a
nonexclusive revocable, in accordance with the Charter
and ordinances of the City, Cable Television System
Franchise for the right and privilege to construct,
erect, operate and maintain, in, upon, along, across,
above, over and under the streets, alleys, easements,
public ways and public places now laid out or dedicated,
and all extensions thereof, and additions thereto, in
the City, wires, cables, underground conduits, manholes,
poles and other television conductors and fixtures
necessary for the maintenance and operation in the City
of a CATV System for the interception, origination, sale
and distribution of televidion, radio and other
communications signals on the terms and conditions set
forth in this Franchise, subject to the licenses and
permits required by the Charter, ~lunicipal Code, and
applicable rules and regulations of the City, as
a~nded. It is not the intention of this section to
grant rights or privileges that are beyond or in
addition to the title, power, and authority of the City
to grant, and no warranty or representation is made
concerning any such rights or privileges or the City's
power or authority to grant the same.
B.
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2. This Franchise shall be construed as a whole so as
to give consistent, harmonious, and sensible effect
to all of its provisions.
3. Upon the effective date of this Franchise, the
provisions of this Franchise shall supersede any
provision of the Englewood Municipal Code
specifically pertaining to cable television in
existence on the effective date.
D. Execution, effective date, and duration of franchise .
1 . This Franchise and the rights, privileges and
authority granted hereunder shall take effect and be
in force frorn and after the effective date of this
Franchise as specified in this section, and shall
continue in force and effect for a term of 15 years
thereafter.
2. Within fifteen (15) days after approval of this
Franchise by vote of such persons residing within
the City as are entitled to vote upon the granting
of this Franchise, the Franchi s ee shall signify its
acceptance of thi s Franchis e by executing this
Franchise. The City shall concurrently execute this
Franchise and the Mayor of the City and any other
necessary or proper offici al s o f the City are hereby
authorized and direc ed to sign this Franchise in
the name of the City, and th Ci ty Clerk is hereby
authorized nd direct d to a t s t o th same, und r
s al of the City, nd to do a ll hings necessary for
th del~v ry of thi s Fr nch a , and for fully
carry nq ou h s
3.
4.
Fr n c h~• ah ll b th
d n d d 1 v r d n
2 o t h t a a c ion.
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circumstances beyond the Franchisee's control. Any
forfeiture or termination of this Franchise shall be
subject to procedures set forth in Section 28 of this
Franchise.
F. Any franchise granted hereunder shall be subject to the
right of the Ci ty:
1. To repeal the same for misuse, nonuse, or the
f ailure to comply with the provisions of this
Ordinance, or any other local, state or FCC rules
or regulations subject to procedures set forth in
Section 28 of thi s Franchise.
2. To require proper and a dequate extension of service
to all entities requesting service which are located
within the Ci ty in area s with a density of
seventy-f i v e (75) "pote ntial" Sub scribers, p e r
Techn ical Hile or g r ea t e r. The Franchisee shall
con t inue t o make orderly e x ten sion of service wi th
a ll d u e a nd r e a sona b le di l 1gence t o any current or
futu r e a r eas of t he Ci y not current ly se rve d by a
c a bl e s y s t e m.
Uo tw i t hstanding any other prov1s1on h rein , 1f th
den si ty is l ess th an e1ght (8) househol ds (e x cluding
mult ip l e dwe ll i n g u nits) per 1 ,000 feet of
d is tr ibut ion c abl e l e n gth , a m a u r ed from the nd
of t h e n ea r s t active d1atr1bu ion cabl , Fr nchisee
s h a ll b allowe d to charg n 1nst llation
surch a r g e qu a l to F r anchll 'a cos of install t 1 on
a n d a diffe r en t1 al mon hly a rv1c rat • Franchi&
shall notify the Counc1l o such d1 1al r
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on an annual basis of any recomputation of these
differential rates.
Notwithstanding the foregoing, if installation of
cable service to any potential subscriber requires a
Subscriber Service Drop in excess of 150 feet,
Franchisee shall be allowed to charge an
installation surcharge equal to Franchisee's cost of
installation.
Construction was commenced by Franchisee under City
Ordinance No. 33, Series of 1967, after it obtained
the neces sary permits and approval of the FCC and
other agencies. Franchisee completed construction
of the CATV System within the then existing
boundaries of the City. Franchisee is presently
constructing in areas of the City currently under
development. Franchisee shall continue to
diligently pursue construction of the CATV System,
but if by reason of Force Majeure it is unable, in
whole or in part, to carry out its obligations under
this Franchise, it shall not be deemed in default
during the continuation of such inability o
perform.
To establish reasonabl
quality of product and
discrimination in a rvic
subscrib ra.
standards of service and
o prevent unjus
or rates by class of
4. To requir cont1nuoua nd un nterrupt d
th public in accordanc with th term
Franchise throughou th ntir p riod
to
5.
h in
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5. TERRITORIAL AREA INVOLVED: This Franchise relates to the
present territorial limits of the City and to any area henceforth
added thereto during the term of this Franchise (ordinarily
co-extensive with the city limits of the City of Englewood).
6. LIABILITY AND INDEt-iNIFICATION:
A. The Franchisee shall, at its s ole cost and expense,
fully indemnify, defend and hold harmless the City, its
officers, boards, commi s sions and employees against any
and all claims, suits, act i ons, liability and judgments
for damages arising out of the Franchisees activities
under this Franchise.
c .
D .
ng
of
n y
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all
and
o r
ny
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might have against the Franchisee under the terms of
this section.
E. The Franchisee shall maintain and, by its acceptance of
this Franchise, specifically agrees that it will
maintain, throughout the term of this Franchise,
liability insurance insuring the City and the Franchisee
with regard to all damages mentioned above in the
~inimum amounts of:
1. Five Hundred Thousand Dollars ($500,000) for bodily
injury or death to any person, within the limit,
however, of one Million Dollars ($1,000,000) for
bodily injury or death resulting from any one
accident.
2. Five Hundred Thousand Dollars ($500,000) for
property damage resulting from any one accident.
3. Two Hundred Fifty Thousand Dollars ($250,000) for
all other types of liability.
F. The insurance policy obtained by Fr a nchisee in
compliance with this sect1 o n mu s t b e approved by the
City Attorney and such insurance policy along with
current certificate of insurance shall be filed and
maintained with the City Clerk during the term of this
Franchise and ~y b required by the City to be changed
from time to im to reflect chang i ng liability l1mits.
The rranchis e s hall imm diately advise the City
A torney of any litigation that may develop th t would
aff ct th is i nsurance.
G. h prov sion s o f thi s s ction nor any d
H.
FAILU
by h City hereund r sh 11 b c o n s tru
liab l i y o f th Fr n c his e und r th is
o r fo r d m g s .
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9. COLOR TV:
The facilities used by the Franchisee shall be capable of
distributing color TV signals, and when the signals the
Franchisee distributes are received in color, they shall be
distributed in color where technically feasible.
10. SIGNAL QUALITY REQUIREHENTS:
Franchisee's product quality shall be in accordance with the
specifications and requirements promulgated by the FCC and shall:
A. Produce a picture, whether in black and white or color,
that is undistorted, free from ghost images, and
accompanied with proper sound on typical standard
production TV sets in good repair, and as good as the
State-Of-The-Art allows;
B. TransMit signals of adequate strength to produce good
pictures with good sound at all outlets without causing
cross-modulation in the cables or interfering with other
el ctrical or electronic systems;
C. Lim1t failures to a MinlMUm by locating and correcting
malfunctions promptly but, in no event, longer than
a v n (7) days fter notice unless by reason of Force
Maj ur it is unable to do so.
D. D mona rate by 1nstrument1 nd otherwis to Subscribers
tha a eignal of adequate str ngth and quality is being
d liv r d and ta all rcl vant ep c1fications of FCC
and other ppl cabl f d t nd local
r qulatione.
nd
0
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be received at any time, and be staffed to allow
appropriate use of studio and of portable equip~ent.
D. Franchisee shall comply with any other agreements with
the City for the maintenance of buildings within the
City.
E . All FCC regulations shall be complied with regarding the
carriage of the programming of any existing or future
television broadcasting station which covers the City in
its principal broadcasting area. Franchisee's
distribution syste~ shall be capable of carrying at
least fifty-four (54) channels on trunk cable
construction and have two-way communication capacity
when available in other systems or affiliated systems of
Franchisee within the Denver metro area, excepting any
cable television systems acquired by Franchisee after
the date of this Franchise.
F. The Franchisee shall periodically upgrade its
facilities, equipment and service so that its system is
as advanced as the current stat of production
G.
If,
t chnology will allow. Franchisee sha ll install
additional channel capacity as required to k ep channel
capacity in excess of th demand th r for by Us r a . At
all times, the Sys m sh 11 b no 1 ss adv nc d than any
other system of Franchisee in the Denver H tro area
serviced by the sam h ad nd si t , nd act4vat d at
approximately th sam 1m a s h Ci y, .q., Mt.
Morrison head nd, wi h th C ti of Auror , Arvada,
Weatminat r, Federal II ighta, Comm rce City, Gr nwood
Village, Cherry Hill s Vill 9 , nd Sh rid n xcept ng
only syat ms which ar exp r m n al, pllo or
d mons ration. Th S aff C bl T.V. Co 1t ord r
h Fr nchi s to comply w h this s c of
sp c fie v ol t1ons wh ich 1
compl or on i s own mo
1
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12. PROGRMI ALTERATION:
Subject to federal law, all programs of broadcasting
stations carried by the Franchisee shall be carried in their
entirety as received, with announcements and advertisements and
without additions, deletions or alterations. Exce~tion: The
foregoing restriction on programming alterations s all not be
applicable in any national or local emergency.
13. PARENTAL CONTROL DEVICE:
A device, parent guidance key, shall be made available to
residents at a cost of materials plu s handling charges , in
accordance with Section 624 (d)(2)(A) of the Cable Act.
14. C~~RGENCY USE OF FACILITI ES :
In the case of any City, state, local or national emergency
or disaster, the Franchisee shall upon request of the Ci ty
Council, City Manager or his designated representative(&), make
available , to the extent neces sa ry, its facilities within
one-half hour or less to th C1ty for em rg ncy use during the
emergency or disaster p riod. Such use sh 11 be at no cost to
the City.
15. OTHER DUSINESS ACTIVI IES:
This Franchis author zea only th op ration of a CATV
System as prov1d d for h r in and do s not t x th pl c of any
other certificat , lie ns , or p rmit which might be r qu1r d o£
h Franchis y l w.
16.
c.
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D. The Franchisee shall maintain a force of one or more
agents or employees at all times and shall have
sufficient employees to provide safe, adequate, and
prompt service for its facilities. All subcontractors
employed by the Franchisee shall be bonded and trained
in their area of work.
17 . NE\1 DEVELOPMENTS:
It shall be the policy of the City liberally to amend this
Franchise, upon application of the Franchisee or on City's own
initiative, when necessary to enable the Franchisee to take
advantage of any developments in the field of transmission of
television, radio signals and data transmission which will afford
it an opportunity to more effectively, efficiently, or
economically serve i s customers, provided, however, that this
section shall not b construed to require the City to make any
amendment or to prohibit it from unilaterally changing its policy
stated herein.
18. CONDITIONS ON RIGIIT-OF-UAY OCCUPANCY AllD USE:
A. All transm1ssion
quipm nt, r ct
shall b so loc
with th proper us
c .
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I .
•
• •
D. Any fixtures placed in any public way by the Franchisee
shall be placed in such a manner as not to interfere
with the usual travel on such public way.
E. The Franchisee shall, on the request of any person
holding a building ~oving permit issued by the City
temporarily raise or lower its wires to permit the
moving of buildings . The expense of such temporary
removal or raising or lowering of wires shall be paid by
the person requesting the same, and the Franchisee shall
have the authority to require such payment in advance.
The Franchisee shall be given not less than forty-eight
hours' advance notice to arrange for such temporary wire
changes .
F . The Franchi see shall have the authority, upon reasonable
notice to the Staff Cable TV Committee, to trim trees
upon and overhanging the streets, alleys, easements,
sidewalks, and public ways and places of the City so as
to prevent the branches of such trees from coming in
contact with the wires and cables of the Franchisee,
except that upon a failure of the Franchisee to
adequately perform at the op ion of the City, such
trimming ~ay be done by it or under its supervision and
direction at the expense of Franchi s e •
1.
-1
d to
loca or ,
, loc
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•
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•
determines that the public convenience would be
enhanced thereby.
2. llhere poles or other wire-holding structures already
existing for use in serving the City are available
for use by the Franchisee, but it does not make
arrangements for such use, the City may require the
Franchisee to use such poles and structures, if it
determines that the public convenience would be
enhanced thereby and the terms of the use available
to the Franchisee are just and reasonable.
J. llhere the City or a public utility serving the City
desires to make use of the poles or other
wire-holding structures of the Franchisee, but
agreement therefor with the Franchisee cannot be
reached, the City Council may require the Franchisee
to permit such use for such consideration and upon
such terms as the Council shall determine to be just
and reasonable, if the Council determines that the
use would enhance the public convenience and would
not unduly interfere with the Franchisee's
operations.
19. RIGHTS OF PBRSONS AND SUOSCRIBERS:
A. Subject o Section 3 (F), the Franchisee shall not, as
to rates, charges, service facilities, rules,
requlationa, or in any other rcapec , mak or gr nt ny
undu pr f renee or advant e to any cla s of
Subacr b rs, nor subject ny person to pr judie
dl adv n 9 . Notwi hatandinq th !or ~oinq, Fr
may conduc promotion 1 c mpaign a 1n which th rat a ar
dlacoun d or waiv d and m y off r bulk d1scoun a for
mul 1pl dw ll1ng un1 a , hot la, ot la, nd 81 ~ lar
ina u
-1
inaur d nd
prov1d d 1n ction 31
n
ch
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22. TRA~SACTIONS AFFECTING OWNERSHIP OR CONTROL OF FACILITIES.
Should Franchisee ever propose to sell the CATV business
governed by this Franchise for cash or cash equilvant or where
ownership or control of more than thirty percent (30~) of the
right of control of the Franchise is acquired by a person or
group of persons acting in concert, none of whom own or control
thirty percent (30~) or more of such right of control , singularly
or collectively, the City shall be notified and provided with the
name and financial information of the buyer except privileged
information which has been provided the Franchisee pursuant to
the sale. Prior approval of the City Council shall be required
for such a sale, which approval shall not be unreasonably
withheld.
23. FILWGS AN D CO!~IUNICA'fiONS III Til REGULATORY AGJ:NCIES.
Copies of all petitions, applications and communications
submitted by th Franch1see to th Federal Corununicatio ns
Commission, SecuritJ.es and exchange CorunJ.ssion, or any other
federal or sta regulatory comm1 1on or agency having
jurisdiction n r sp ct o any n ter affecting CATV operatJ.ons
authorized purau n o thl.s Franch1s shall also be subm1tted
upon r ques to h City Council nd the St ff Cable TV
Commi tee.
24. CITY RIGIITS It FRAilCIIISCj AD I ISTRATIOU AND REGULATIOU
A.
c .
PO"'
and
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in
,
I •
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City shall maintain insurance covering this type of
activity for the life of this Agreement.
D. The City shall have the right to supervise all
construction or installation work performed subject to
the provisions of this Franchise and make such
inspections as it shall find necessary to insure
compliance with the terms of this Franchise and other
pertinent provisions of law.
E . The City shall have the right, in its discretion, to use
any part of its PEG channels for the purpose of data
transmission as may be required for local gove rnmental
use. This use shall be s ubject to any regulations of
the Public Utility Commission (PUC) of Colorado and the
Federal Communications Commission (FCC).
F. Upon termination or cancellation of this Franchise, as
provided for herein, the City shall have the right to
require the Franchisee to remove at its own expense all
portions of the CA'rV System from all streets, alleys,
easements and other publ1c rlghts-of-way with1n th
City.
G. Th City may grant any numb r of fr
System within the City ubject
Franchise without prejudic to
co-existent with this Fr nchia
Committe will notify Fr nchi s
and/or fr nchi gr nted by h
25 . MAPS, PLATS AND REPORTS .
A.
ns
sh 11 il
Maps or plats o
ions.
-1
ith
11
nchisea for a CATV
ction 38 of this
Franchis , and
Staff Cable TV
pplication
C1 y Cl rk true nd
1n nd propo ed
I .
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c. The Franchisee sha ll keep on file with the City Clerk a
current list of its stockholders and other persons that
have a financial interest in the Franchisee.
26. PAYMENT OF FRANCHISE FEE.
A. For the reason that the streets to be used by the
Franchisee in the operation of its CATV System within
the boundaries of the City are valuable public
properties acquired and maintained by the City at great
expense to its taxpayers, and that the grant to the
Franchisee of the use of said streets is a valuable
property right without which the Franchisee would be
required to invest substantial capital in right-of-way
costs and acquisitions , and because the City will incur
costs in regulating and ad~1nistering the Franchise, the
Franchisee shall pay to the City an amount equal to five
percent (5\) of the Franchisee's annual gross revenues
as defined in this Franchise. The amount of the
Franchise fee shall b subject to review upon any change
in the jurisdiction of the FCC to regulate such fees or
th FCC regulations rela ing o such fees.
B.
c .
o.
The Franchis fee and any
assess d pursuant to this
the City on a quarterly b
deposited with the City f
shall fil a complete and
of qross r v enues during
quar erly paym n is made ,
m d o he C1 y not 1 ter
aft r h xp r 10n of h
-1
oth r costs or penalties
rr nchise shall be payable to
&18 . Said payments shall be
office. The Franchisee
verified st tern nt
for which s id
p ym nt shall b
y-five (4 5) d ys
when du
I .
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E . No a ccepta nce of a ny payme nt by the City shall be
c ons trued a s release of or in satisfaction of any claim
the City might have for further additional sums payable
under the ter~s of this Franchise or for any other
performance or obligation of the Franchisee hereunder .
In the event that any payment is not made when due , the
Franchisee shall be subject to the penalty provided
herein .
F . If F ranchise e fails or r e fu s es t o pay the fe e imposed
wi t hi n the time prescribe d h e rein, a penalty o f ten
pe r ce nt (10~) on the unpai d balance s hall be assessed by
the City aga inst such Fr a nchisee, and the s a i d fee,
toge the r wi th the penalty a s sessme nt and interest at the
p r e v ai l ing r a t e s hall b e , a nd her e by i s d e cl a r ed t o be,
a debt due and o wi ng f r om said Fr a nc hisee to the City
a n d s u bject t o c o llect i on by a n ac tio n a t law brought by
the Ci t y i n any court of compe tent jur isd i ct ion for the
pu r pose of such c o llec t ion .
G. Fees paid by t h e Fra n chisee to th e Ci ty u n der this
sec t ion sha l l be con sidered in addition to and e x c lu si v e
of an y an d a l l non-discriminatory ta x es , business
licen se fees or other l evies or assessments which are
now o r which may he r eaf t er b authorized b y the laws of
the Un ited States , State of Color do, or City .
27 . SALES TAX .
Th Franchis
p rc nt ge mount
uch oth r ilJIIOUn
Subacr b r • rv1c
mon hly b a is.
28. rORP .ITURC
A.
l)
0 -
monthly sales ta x of
Ci y 'a prev il ng ra or
ormly levied on mon hly
b paid o h City on a
y
to
or
p
I .
•
• •
4) evades any of the provisions of this Franchise or
practices any fraud or deceit upon the City.
D. No Franchise termination proceeding based upon violation
of a material provision of the Franchise shall be
commenced without formal written notice to Franchisee of
the alleged violation and a 90-day period following such
notice in which Franchisee may cure the violation . If
the violation cannot reasonably be cured within 90 days,
Franchisee must submit a plan for curing such violation
for approval by the City .
c. The termination and cancellation permitted by this
section shall be by ordinance duly a dopted after 90
days • written notice to Franchisee that Franchisee has
failed to cure the violation in accordance with
Subsection (B). This shall in no way affect any of the
City 's ri~hts under this rranch1se or ny provision of
law. In the event t hat such t rmination and
cancellation depends upon a finding of fact, such
finding of fact as made by the City Council or its
represent~tive shall be conclu si ve. Provided, however,
that before this Franchise may b terminated and
canceled under this section , the Franchis e must be
provid d with an opportunity to b heard b tore the City
Council in a public he rin •
D. Any decis1on of the City Counc11 pursu nt to this
a ction shall be subj ct to r v1ew in a court of
camp t nt jurisd ction.
29. CITY 'S RIGHT or INT£RVJ:N'riOt
Th
C1 y n
par y.
31.
Fr nchu qr
ny a u1t or proc
• no to oppoa
d nq t o which th
1 -
by
• h
of
• t
I .
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•
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its unconditional acceptance of this Franchise and
promise to comply with and abide by all its provisions,
terms, and conditions. Such acceptance and promise
shall be in writing duly executed and sworn to, by or on
behalf of the Franchisee before a notary public or other
officer authorized by law to administer oaths.
B. Should the Franchisee fail to comply with subsection A
above, it shall acquire no rights, privileges, or
au thority under this Franchi se whatever.
32 . RATES .
A. While federal legislation, the Federal Communications
Commission , or the State of Colo rado preempt the
regulation of rates of the Franchisee for the service
provided for in this Franchise, this Franchise shall not
regulate rates for services provided by Franchisee.
Provided, that any such leg islation or regulation shall
not relieve the Franchisee of any of the the other
obligations , rights, or duties i~posed upon it by the
granting of this Franchise and providing that should
such regulations be removed, the City reserves the right
to regulate rates in accordanc with federal law or as
th parties may mutually agre .
D. No action shall be tak n by the City Counc1l with
respect to th Franchisee's r t • under this section
until the Franchisee has b en iv n reasonabl notic
thereof and an opportun1ty o b heard by th Counc 1
with regard th~reto.
33 . PU LIC, tDUCATIONAL , AND
A.
nt in
••••
1.
I •
c.
•
• ..
undertaken, Franchisee and the City Council shall
mutually agree to a designated period of time during
the week for which Englewood requires priority use
of cable cast time. Franchisee shall make a
diligent effort to insure cable cast of City
programs within a reasonable time and at a
reasonable hour.
2. Four (4) years following Franchise approval , the
Franchisee shall provide to the City one separate
channel for the programming by the City and/or its
designees of PEG access information . Said channel
shall be available to the City and/or its designees
on a priority basis of sixty (60) percent of all
operation time which shall include sixty (60)
percent of "pri~e time" (mountain time). City may
approve use of this PEG channel for additional
purposes by the Franchisee upon written request of
Franchisee. Said channel shall be within the
Franchisee's current 54 channel capacity, e.g.,
Channel 20.
1.
a. Franchise sh
designat d by
equipM nt for
I .
D.
•
• •
Association. Within 30 days after appointment of
both arbitrators, the arbitrators shall commence a
hearing on installation of an institutional network
based upon the factors set forth in this Section 33
(C). The arbitrators shall render a decision no
later that 60 days following commencement of
arbitration. Parties shall jointly share the cost
of arbitration. If the arbitrators determine that
Franchisee is required to build an institutional
network, such network shall be in place and
operational no later than two years following the
decision of the arbitrators.
2. The decision of the arbitrators shall be final and
binding upon the parties. Notwithstanding the
foregoing, either the City or Franchisee may seek
judicial relief of the decision of the arbitrators
if (i) one or more of the arbitrators is
unqualified, (ii) the arbitrators did not proceed in
an expeditious mann r, or (iii) bas d upon the
record, one or more of the arbitrators abused their
discretion. In the event a court of competent
jurisdiction dcternin s that on or mor of the
above factors has occurred, such court may order the
arbitration procedur r pea d nd issue findings,
orders and d1rections, with co t of suit to be
awarded to the prevail1n party.
incr
54
as
s its chann 1
I .
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appropriat e eq uipment for the publ ic use. This system
shall be revi e wed b y City Council on rec o mmendation of
the Staff Cable TV Committee required under this
Franchise. Cost of maintenance of the studio and
equipment (both main studio and portable) shall be borne
by Franchisee. Fees, if any, charged for the use of
stud io or equipment must be compa rable to other similar
fe es in the Denver metro area.
F . Franchisee is encouraged to em p loy a program and
production director to promote public use of the PEG
access channels and to advise such users. Franchisee
shall provide necessary training of public and City
personnel and other interested per s ons for use of the
equipr.1ent provide d under thi s sec t i on.
G. Fr a n c hi s e e s ha ll p r o vi de o n e f r ee se rv i ce outlet a nd
ba sic serv i ce s , t o a ll pub lic and parochi a l schoo l
loc a tions with i n the City l imi t s a nd at d es ignated Ci ty
l oca t ion s dur i n g the life of thi Franc h ise .
11. City Co uncil sha l l determine violations of t hi s section
upo n the r ecomm endation s of the Staff Cable TV Commi t tee
af t er a h earing , 1f such hearing is requested b y the
Franchisee .
34. STAFF CAI:LI; T .V . COllliiTTI; .
The r e shall b e establl&hed a Staff C bl TV Conmi tt ee t o
coordi n a t e a nd r v iew conpl1anc of th provision s of this
rra n c h is wi t h r r anchi Such reviews shall be on a pe r iodic
b sis w1 th clos atten ion to developm n a in the industry nd
a rvice to h citi:ens o Englewood .
pr oru , Wlth th1rty d ys (30)
ev ry fiv (5) y r which shall
e • Topica cov red in such
l van o h1 Fr nch1s • In
spond, in wr1 1n , to r qu s •
withln f1v (5) work1n d ya.
35.
1
I .
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(
36 .
•
• •
one hundred dollars ($100.00) per day for each day
violation occurs or continues.
2. For failure to test, analyze and report on the
performance of the CATV System following a request
pursuant to this Franchise, the Franchisee shall pay
to the City one hundred dollars ($100.00) per day
for each day, or part thereof, such noncompliance
continues .
3. For failure of Franchisee to comply with technical ,
operational or maintenance standards , Franchisee
shall pay to the City five hundred dollars ($500.00)
per day for each day , or part thereof, that such
noncompliance continues.
4. For failure to provid equipment or services
specified in t~is Franchi se , unless the City Council
specifically approves such a change by ordinance,
the Franchisee shall pay to the City five hundred
dollars ($500.00) per d~y for each day, or part
thereof, th deficiency continues .
B. No ass ssment of liqu1d d damages gainst Franch1s e
under this Sect1on 35 shall b conm need wit hout form 1
written not1ce to Franch1s of alleged violation and a
n1nety (90) day p riod following such notice in wh1ch
Franchisee may cur the v o lat1on. If the viol tion has
not been cur d with1n th n1nety (90) days liqu1d t d
damag a Wlll b ass as d a r a h aring befor~ Ci ty
Council .
c. llquid t d
quir d to pay
ndar y ar
$5,000.00.
C lV 8
d1o
r
I • •
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(
•
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connection c~ar~es paid by him based on a formula of an amount
equal to the initial installation and connection charges paid by
Subscriber divided by thirty-six (36) and multiplied by a number
equal to thirty-six (36) minus the number of months the
Subscriber has been on the system. This refund will not be
required if such cessation is due to Force !lajeure.
33. CONTINUITY OF SERVICE l-1AUDATORY.
A. It shall be the right of all Subscribers to continue
receiving service insofar as their financial and other
oblig~tions to the Franchisee are honored. The
Franchisee shall use its best efforts to ensure that all
Subscribers receive continuous, uninterrupted service
regardless of the circumstances.
D . In the event of a change of own rship, or in the event a
new operator acquires the Franchisee's system , the
Franchisee shall cooperate with the City and new
Franchise holder or operator in ma1ntaining continuity
of service to all Subscribers. During such period,
Franchisee shall be entitled to the revenues for any
period durinq which it opera es the System , and shall be
entitled to reasonabl costs for 1ts services wh en it no
lonqer operat s th system.
c.
o.
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•
(
•
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at the local office of the Franchisee during regular
office hours .
39. SYSTEM TESTING.
A. Tests and measure~ents to ensure compliance with
technical standards shall be performed in a manner that
is consistent with the provisions of The Cable Act and
Current PCC Regulations .
D. All tests and measurements required to be made by the
Franchisee shall be recorded, maintained and made
available upon request to the Staff Cable TV Committee.
C. Uhere there exists evidence, which in the judgment of
the Staff Cable TV ComMittee casts doubt on the
reliability or quality of cable service, the Staff Cable
TV Conmittee shall have the right to require Franchisee
to perform tests and analyses directed toward such
suspected inadequacies. Franchisee shall fully
cooperate with the Staf f Cable •r v Commi ttee in
performing such tests and shall prepare results and a
report, it requested, within thirty (30) days after the
te sts . such report shall include the following
information:
D.
1. The nature of the complaint or problem which
precipitated the special testa.
2. \lhat system components wer tea d .
3. Th equipm nt us d nd proc dur s mploy d in
t sting .
4. Th m thod, if any, in wh1ch such compl int or
problem w s r solv d .
5. Any oth r infor~ tion p
analys1s whlch ~ y b r qu1r
o s id t s • nd
I • •
-•
• •
has reasonable grounds to believe that the complaints or
other evidence require that tests be performed to
protect the public against substandard cable service.
'l'he number of tests shall be reasonably related to the
evidence of unreliability or poor quality found by Staff
Cable TV Committee.
4 0. FRANCHISE PUBLICA'!' ION AND ELECT IOU COSTS.
The Franchisee shall assume the cost of publication of this
Franchise as well as election costs as required by law and such
is payable as required by law.
41. SEPARABILITY.
If any section, subsection, sentence, clause, phrase, or
portion of this Franchise is for any reason held invalid or
unconstitutional by any court of competent jurisdiction , such
portion shall be deemed a separate, distinctly, and independent
provision and such holding shall not affect the validity of the
reRaining portions hereof.
42. AUTHORITY TO Al-tEND.
'l'he City res e rves the right to amend this Franchise by
ordinance at any time by agreement upon giving thirty (30) days'
notice to th Franchise of its intention to do so and so long as
such ARendments do not violate the intent of this Franchise and
the rights of Fr~nchisee contained h rein.
4 3. EFFECT OF FRANCIIHlE.
This Franchise replac a Ordinance to. 4, s riea of 1980,
City of Cngl wood, as r quir d by th Colorado Supreme Court
cS c1aion, C0111111unit~ TelecOIIIIlunicat ona , Inc. v. h II ather
Corporation , Issue F bruary 21, 1984. AI! v olatlona of the
prior ordln ncea, and fa1lur by r nchla e or ts pr dec aaora
to p r or thereund r, are h r by w iv d to h x ent that ltk
r qu r nta are impoa d by this rr nch1a and are compll d with
by h rranch1a e. h1a waiv r ah 11 no constitu e a waiver of
ny fu ure v1ol tiona by Fr nch o ny ter of this
r nchue.
I • •
•
•
,. •
4 4 • NO'riCES.
All notices provided for in this Franchise shall be in
writing, sent by registered or certified mail, postage prepaid,
to the City and Franchisee at the addresses set forth below,
unless either party notifies the other party in writing of a
change of such address:
To the City: City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
To Franchisee: United Cable Television of
Colorado, Inc.
6850 South Tucson Way
Englewood, Colorado 80112
THIS AGREI:HENT made and entered into this __ day of
-----------· 1987.
U! ITJ.:D CADLE •rx;LEVIaiON OF
COLORADO, INC.
ny ____________________________ _
Att at:
CI'rY or CUGLI::UOOD, COLORADO
Dy _____________________ _
Att at:
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Section 4. 'llle prqJer officials of the City of Englewood shall give
notice of sa1d general II'IJI'\icipal election, which notice shall be published
in the manner and for the length of time required by law, and the ballots
cast at such election shall be canvassed and the result ascertained,
detemdned, and certified as required by law.
Section 5. An anergenc:y is declared for the welfare of the citizens
of the C1ty of Engl~ in that an election nust be held on the united
cable franchise because of the recent SUpreme Court ~ision n~ ~
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Introclloed, read in full, and passed on first reading on the of
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Published as a Bill for an <rdinance on the day of----
1987.
Attest: flJgene L. 0t I a, Mayor
Patricia H. Crow, city Clerk
I, Patricia 11. Crow, City Clerk of the City of fZiqlewood, Colorllllb,
hereby certify that the llbolle .-¥1 fOt"eCJOing is a true oapy of a B 11 for an
ordinance, 1ntroclloed, read in full, and pasaed on first reading on the
dfty of , 1987. -
P tricia H. crow
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RESOL UT I ON NO . ~ Cf
SEJUES OF 1 987 ~
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14C.b);;
A RESOLU'l'ION APPOINTING RICJC DE 1'/IT'l' AS CITY A'£TORNEY POR 'l'JIE
CITY 0' ENGLEIJOOD 1 COLORADO 1 AND DETER14INING HIS SALARY FOR 'rliE
REill\ItiDER OF 1937 .
IIIJEREAS , the City Counci 1 has accc Jtcd the resignation of
John R . Olsen , ns Englewood City Attorney effective July 17 ,
1907 ; nnd
HJIEREAS , City Council has appointed Nancy N. Reid as Acting
City At orncy o allow for time to advertise and select a new
City Attorn y ; and
llHERX::AS, Article IX , Section 64 , Englewood Home Rule
Charter , prov1~us:
Ci torney -AppointMen
CITY
for h c t:y
couna 1.
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Section 2 . The salary for Ric k DeW itt shall b e at the r a t e
of $59,000 per year . Said amou nt is to be prorated from the
effective date of appoi ntment to th e end of th e calendar y ear
1 98 7.
ADOPTED AND APPROVED this 5th day of October, 1987.
Attest : Ma yor
Patricla 11 . Crow, Ci y Clerk
I , Pl\tricia 11. Crow , City Clerk of the City of Englewood,
Colorado , h reby certify the foregoing is a true copy of
Reso lution No . , Series of 1987 .
P tricia 11 . Crow
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City of Englewood
October 2, 1987
Open Letter to the Citizens of Englewood
3•00 S Elali Street
Englewood , Colorado 80110
Phone (303) 761 ·1 uo
I will be unable to attend the City Council meeting Monday
evening and therefore, will not be present to vote on the
Resolution appointing a new City Attorney. I do wish to publicly
make ay position known on this matter, however, as I am adamantly
opposed to the appointment of Mr. Rick De Witt to this position.
Approximately four years ago, Mr. De Witt resigned as our city
attorney, informing us that he intended to enter private practice
where he felt he could make more money. He requested that he be
allowed to take the city account with him on a contractual basis.
The City Council was unanimous in our denial of that request.
The Council felt, as did staff aeabers, that the city needed
IN-HOUSE, hands-on attorneys. Hr. De Witt was included, against
my wishes, in the procedure of selecting his replace ent, and it
was interesting to note that during that selection, Mr. De Witt
pushed very hard tor the appointaent of Jack Olsen as City
Attorney. It is ay personal opinion that the degree to which Mr.
De Witt pushed for the appointaent of Hr. Olsen went far beyond
reasonable standards of professional conduct. To say that he
chose his ovn successor is putting it aildly. In addition,
during Hr. Olsen's tenure as city attorney, it is astonishing to
note the nuaber of cases handled by the city attorn y•s office
which were tara d out to Hr. De Witt, and that the price tag
attach d to Mr. De Witt's outside counsel appro ch • a staggering
qu rter of a aillion doll ra--all of this, in ddi ion o Mr.
Olsen's $60,000-plus per ye r job •
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Citizens or Englewood
October 2, 1987
Page Two
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I aa deeply concerned about the passing back and forth of the
city attorney's position to these two individuals during the
eight years I have bean on City Council and ita financial impact
on the City. To further cloud the issue, Mr. Olsen departed !rom
the City with allegations that subsequent police investigations
have not bean able to substantiate. It ia ironic to •• that our
entire police dapartaant ia baing inveativated and that the
reputations of top city officials have bean iapuqned by the loose
words of a aan who, hi .. alf, was cauvht in a coaproaiain9
situation, used poor judqaant calla, and yet he, hi .. alf, is not
bain9 invaativated by anyone.
If Council chooses to aaka this decision, I view it aa the aost
clouded, auspicious decision in ay tenure. I would only hope
that if City Council takas this action, that they would show
anou9h foraaiqbt to reaova any future cloud froa this appointment
by directing llr. De Witt not to raco.lland a.ployaant of llr. Olsen
aa spacial counaal for any rutura laqal work for this city.
Since.:: J71/4 ~.
1 £. L. Bi ... y, Jr. ;t?
Councilllellbar
District III
cc: City Council llaabara
citi Mana 9 ar 11ceown
Ass atant City Manavar Varqaa
Cit:y Clftk erow
City Attorney's Office
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Verbati• Excerpt -Howard McGregor, Ita. 7(a) 10/5/87 Council .eeting
McGregor: Mayor Otis, Council .e.bers, I'• Howard McGregor, representative of
the Greater Englewood Cha.ber of Co..erce at this Council .eeting tonight. On
Thursday October 2nd, the Cha.ber board of directors •t and reviewed the
City's proposed 1988 budget. As owners or Rnagers of businesses in Engle-
wood, we have experienced a decrease in the sales of goods and services. To
correct for this decrease in revenue we have reduced operating expenses, de-
ferred capital invest..nts, and regrettably hid off et~~~loyees. For so.e
businesses in Englewood these corrective •asures were not adequate and the
businesses were either closed or •ved. We understand the City's proble. of
decreased revenues and consider the situation serious. Serious because we
expect the ec~ to reRin as it is for at least three •re years before
turning upward. These expectations are based upon our observations, ex -
perience and intiiNte knowledge of the econ~. Ours is not an irresponsible
or an 1110tional reaction to the proposed tax increase. The cha.ber rec~nds
that the Council table the proposed budget and request the ••intstration to
reduce the ltll budget 5I which will cover the expected four percent shortfall
and leave a s.ell .. rgin for the next three years after which business activ i-
ty wtll increase and so wtll tax revtftues . Mr. "-.Yor , Council ....,.rs, the
Chlllber of C-ree h IIIOrlting hard to increase business in Englewood and ..
wtll be successful , but not overnight . Holding the ltne on the budget wtll
help the Chlllber 's ....,.rs to increase their bus i ness which will in turn i n-
crease tax reftftue for the City . I appreciate the opportunity to hllt to you toni gilt .
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Verbatim Excerpt -Don Smith -Item 7(b) 10/5/87 Council meeting regarding
9(d) and 9(h)
S.ith: I'd rully like to 111ke just two connents, one concerning the dog
ordinance that I understand is up tonight for final reading, if I'm correct?
I wu 1 1 ittle bit disturbed that Mr. McCown --I think we had 1 connittee
that went for two years to draft the original one and I thought it was kinda
iengthy. But I was kinda disturbed to see that vicious dogs and guard dogs
and protective dogs were put in the salle paragraph, and the other thing was
that guard dogs when they are, were, when they were trained ani .. ls, when they
were outside of their peri.eters, were required to have MUZzles. It should be
the dogs that are not trained that should have the MUZzles. A trained dog
won't touch anybody, in fact babies can crawl over it, and it won't bother
anybody and there should be no reason for thet1 to have a muzzle outside of
their yard at all. The other thing, if I understand the ordinance correctly,
and Mr. Kozacek and I have had 1 little brief conversation and Mr . Bilo, and I
guess you've had it explained to you different . If I understand what I read
in that ordinance, anybody who has a guard dog and they are a private indi-
vidual and they COM forward and say I have 1 guard dog, then they are re -
quired to have an inspection, pay an annual fee, and if the inspection is not
proper at the end of that annual ten1 then that private citizen's dog could be
re110ved. I think that SOM consideration ought to be given to the fact that a
trained ani .. l should have less liability against it than an untrained animal
and it looks also like there are SOM things in that dog ordinance that actu -
ally say that if 1 dog acts like a dog it's going to be penalized . It says if
the dog barks at an ani .. l in the street -you don 't know whether it's saying
hello or they are .. d at each other -it indicates that that dog is vicious
and I think that SOM consideration might be given to that ordinance before
its final tzed .
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back in the volunteer fire depart .. nt -this is all fro. ...ory, I left all •Y
notes at ho.e -add $20,000 to train those two reserve officers and bring them
up to standard with the exception of 40 hours a week which would actually
coincide with Mr. Hol .. s ' reca..endations, and also keep the reserve officers
which I think is one of the least expensive police protections that we have
today, you would still have, you would ca.e up with about $1,095,000 cOMbined
with your reca..endations of the $270,000 wasn't it? I think you guys came
back fro. the budget retreat with $270,000, wasn't it Andy?lf you do that you
co.. up with, you add those two together you co.. up with about a $1,095,000;
if you take out all the things I put back in you co.. up with about
$1,044,000, if you take out your $900,000 probl .. you still got $144,000 to
play with, and I think that if you play with that a little bit in regard to
the $100,000 reduction in capital equi~t services, because if you fail to
service equi~t and you have to replace it because you failed to service it,
it's going to be 110re expensive. And if you also use part of that $144,000 to
counteract anything in the contractual services area that have to be done, I
think you'll find that not only will you have $900,000 that you're look i ng for
but you'll have $144,000 overage in order to back up the contractual service
probl .. or the capital equi~t service probl .. , because if you fail to ser-
vice capital equi,..nt, as you .. 11 know, if it deteriorates, you're going to
have to buy new, so I think you •ight want to consider that before you do
anything.
One other little idea that you probably won 't like, 1 told this to one person,
and I think they levitated, if you lo.ered the sales tax between now and the
end of January by a half a cent and adverttsed, let the business •n in the
c-..nity of Englwood adverttse the fact that .. had lo.ered the sales tax by
a half a cent, that 's 16.51, you would have to generate ZOI 110re business to
just break oven . ly lo.eriftljl sales tu 16 .51, you would have to generate 201
just to break ovett. llow the forecast of the City had bMII ..,.... because of
part of the probl• of o11•h.at1ftljl s-JO businesses h1 [~~~j~lwood and not
rentiftljl the 3300 block out, but if .. c111 clo that ud lot people in the
•tropol ttan area know that .. want thell to shop E~~~jilwood, that .. want t"-
to c-here ud spend 110110y . Instead of seniors spendiftljl a di• to go out of
the city to buy Stoo •rth of appliances ud spencliftljl 1 di• to c-back and
beiftljl lblo to oat on the difference of sales tax, then I think that perhaps ..
•i ght have s-thtftljl that would help the [~~~j~lwood business c-..ntty and help
the Ci ty of Englwood generate reven.. Thank you very , very .uch .
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Verbatim Excerpt -Kozacek re Item 9(d) -10/5/87 Council meeting
Kozacek: I would 1 ike to address 9(d) for the public as well as for the
Council. I proceeded to take this ordinance to a couple of people who do
train the canine and asked his input towards the ordinance itself, and of
course he has been involved with •ultiples of ordinances that ranged anywhere
from destroying your aniMal up to harboring the animal or having keeping him
in a confined area of certain distances and stuff. The feedback to me was
that it was a very good ordinance as a whole, the only part that he felt kinda
bad about and was in opposition to was the .uzzling. He felt that if the dog
had been drained that there is no need to MUZZle the dog, it is the dogs that
are untrained that are not controlled by the owners. And I proceeded to sit
through SOllie of hts training sessions and realize that what he is saying is
quite true. That in this ordinance I .. in favor of the ordinance other than
the portion of 7-IA -8.5 under Section A and eliMinating they will be MUZZled
and held -eli•inating the .uzzle part and leaving held on s ui table cha i n or
placed in a suitable container under the control of the respon si ble per son s.
Bradshaw : So your .ov i ng to , your suggest i ng deletion of ".uzz l e and " i n that
sentence .
Kozacek : Right .
Brad shaw : OK .
the ord i nan ce a 1 i tt l e .ore f ro. sa.e of the conversa-
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dog retrained or add training to the dog to show that you've •ade an effort in
preventing this dog fr011 being an attack dog. We want to clean up the City
fr011 stray dogs who run down the street and bite at people's legs, chase car
wheels, these are things that we're trying to clean up. And that's what this
ordinance will go after. So with the indulgence of the Council, I will
request that you all approve this with that state of ....
Bilo: Where is that?
Bradshaw: On page 3.
Koucek: OK. The -ndllent .ould be pave 3, under section A, about three
quarters of the ..ay cto.n. They will be •zzled and held on a suitable chain,
and we will delete ••zzled ••. A point of order, your Honor, I •ve this
for Council Bill 47 . I'• sorry, it should be you •vtng it, it's yours .
Bradshaw: Well, you should do your _..nt first.
Koucek: I •ve for 111 -ndlleftt .
Clerk: That's the total of the changes?
Kozacek : Yes, that's the total changed .
Clerk: In the one place, ,_vtng the words ••zzled and•?
Kozacelt: Yes.
Bradsh.w: OK, I'll secOftd it.
Vote : fhe ~s. two abse~~t . Nott011 carr eel.
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Verbati• Excerpt -McCown -11(a) -October 5, 1987 Council Meeting
McCown: The usess•nt and the figuring of the •ill levy this yur is a
little bit unusual because of the State law which required that all property
be reassessed to a 1985 valuation. This last week we received our li•it that
ts allowed by State, blstcally the State, in conjunction wtth the reassess .. nt
also passed a law last year which provided that no .untctpaltty, ha.e rule or
otherwise, could receive a total tax revenue for property tax over and above
5.51 with the exception of new construction, or new buildings going up. The
UIOUnt that was cert t fied to us by the State wu S1, 557, Z67 in property tax
revenue. That consists of the 5.51 allowable and Z.51 due to new construc-
tion. Therefore, we are reca.ending to you that that UIOUnt be approved tn
the budget along wtth the Debt Service Fund which ts the bonds on the recre-
ation cet~ter which totals $531,760. Now those •tll levies wtll be reduced
substantially fro. the •ill levies that are now in effect. The curret~t total
•tll levy of the ctty, which includes the General Fund and the Debt Service
Fund, ts ll.IIZ. The •tll levy next year wtll be 6.607, or 1 44 .41 reduction .
The ordinance ts attached, and we left tt blank because of the various constd -
erat tons that you hed before you earlier. You would need to go to sect ton 1
which is the very first section right under there, the heading "Now, there -
fore, be tt ordained by the Ctty Council of Englwood" and you would need to
insert the figure for the geReral fund 4.909 . I •tght also tell you that sec -
t ton Z contains the •tll levy for the Englwood Downtown DevelopMnt Authori -
ty, and • passed out a letter to you earlier this afternoon fro. the Authori -
ty requesttftg their •tll levy to be 3.267, and that accordingly 1 reduction of
their •111 levy , I believe tt ~s 5.0 before thts , and that is because again
of the reassess•ftt that has taket~ place tn the downtown area. So you would
have 1 •tll levy of 4 .909 for the General Fund and 1.691 for the Debt Service
FUftd for a total of 6 .607 .
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Verbatim Excerpt -D. Romans -ll(c) -10/05/87 Council Meeting
Your Honor and members of Council. The matter before you this evening is an
agreement between the City of Englewood and the Air Pollution Control Division
of the Colorado Health Depart~nt. It is in the form of an ordinance as it's
required in the Charter where you have an agreement between intergovernmental
agencies. The request from the Air Pollution Control Division is to install
an air quality and meteorological station at a site specific in Englewood.
This would be on property that was recently acquired west of Cushing Park. It
is not developed, but we anticipate it will be hopeful in the near future. It
was determined that this was necessary, a station in this area was necessary
because the short-term air Pollution .onitoring that was conducted previously
indicated that there was a high volu.e of carbon monoxide in this area. The
readings exceeded the National Mbient Air Quality Standards and there is
feeling that this occurs in our area several ti~ during the winter season and
they need to have better .onitoring of this. We've been working for over a
year ~eting pri.arily with Frank Rogers, who is the Senior Air Pollution Con -
trol Specialist, Mr. Rogers is here this evening and will give you 1110re
detailed information and answer your .ore detailed questions than I. We have
worked with the other depart~nts -with Parks & Recreation, with Traffic,
with Engineering, with Public Works. We have -our para~ters were in, within
the City of Englewood hopefully that we would find a place near the traffic
corridor, near a park, near a shopping center, near a residential area . We
looked at locations In Belleview Park, we looked at areas near the Allen
Treat .. nt Plant, the Englewood Golf Course, Jason Park, the Northwest Drainage
Parkway Area, the South Platte Greenbelt Area, and then we looked at the park -
Ing lot north of Cinderella City, and indeed I did contact the .anag ... nt of
Cinderella City to discuss that location. The pri.ary location that was be -
fore us appeared to be at Cushing Park and we were looking at the site to the
north which at that ti .. was being considered as location for •ini -warehouses .
I contacted the real estate agent who was representing the owners of that
property and we were not able to work out anything before it was determined
that the City was going to be purchasing that property. I giwe you this brief
background because I want you to know that we have spent 1 great deal of ti ..
trying to locate the .ost appropriate site for the installation .
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adjoining or abutting the parking area north of Cinderella City. We had to
have a location that was near electricity, there is an electrical pole for
outlets there, and Mr. Rogers has worked with Public Service and that won 't be
any proble.. The .onitoring station will be approximately 10 x 10 x 10 with
sa~ling probes extending 2 to 3 feet above the roof line. Obviously it has
to be in a secure location, there will be a fence around it, Mr. Rogers has
said yes they will paint it out to earth tones so that it will blend in with
the park facility and the other consideration would be that they could not
have any obstruction fr011 tall trees . The nearest obstruction can be no
closer than five tiMes the height of whatever the obstruction is. In this
particular location there are no trees that would create a problem. There
were sa.e that can be tri..ed and we would agree to do that. An agree.nt has
been presented to you. This has been signed on behalf of the Air Pollution
Control Division by Bradford Beckha. and a copy of this in the office with the
City Attorney to assure you that yes they do intend to proceed as they have
said they will in the agree~~ent. I have nothing further you honor, unless
there are questions. Again, Mr. Rogers is here and is prepared to address you
and answer any of your specific questions.
Bilo: Are there any ti.e constraints on this?
R0111ns: There would be insurance that they would provide and there is a
sa~le of the insurance attached to your staff report .
Bradshaw: So the City 1s basically pleased that the regulations and safety
concerns have been .. t by this ag~nt? As to the appropriate depart .. nts?
R0111ns: Yes. There were a couple of changes at the request of the Parks
and Recreation Depart.ent . Thts ts a typical ag~t that they have exer ·
clsld with other .untctpallttes ~re they have a st•llar situation.
Kozacek: Your honor, I would like to ask Mr . Rogers that the effects of the
City of Englewood, this lOMer part of the City of Englewood, since down tnto a
valley, with us locating it at that potnt versus up on the upper portion of
Englewood, the eastern end of Englwood thus considerably higher . Would that
have a notable difference in our Pollution standards .,...,.. It creates a pock t
down tn the valley along the river basically .
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Rogers: Yes, that correct. We wanted to be u close to the basin as we
could so that we could be in that drainage flow, and ~nitoring what's coming upstreu into the Englewood Area, fro~~ upstre•.
Kozacek: So when you put out statistics will they state that this is a lower
valley or is it gotng to end up being -look the Pollution rate ts gotng up in
Denver and stuff because ft fs sttttng here, when a few •tles away there fs not half the Pollution?
Rogers: Well, fn the ag,..._t we wtll be collecting several different
par .. ters besides carbon IIOftOxfde all of which we will provide to the Engle -
WOOd City gove,._..t on a ... thly basts for their inspection. At that potnt
we specifically we request that they do not release the data to other parties
because we fMl we are respo~~slble for the quality of the data and uk that
other people do not, don't tau the responsibility for the data. However, we
are a public av-cy . If s-... .. s to ask for the data, we'd be obliged to
provide ft to tit•. And of CCMirH we would be very willing to doc-.nt the
characteristics of the sfte and ~t that stte fs representative of. I •tght
want to InterJect a little background lnfol"'llltfon fn regard to this site.
I've done the cubon -..oxtde -.cleling for all the Denver area, and cto..ntown
Denver we He carbon -..oxtde concentration fn the Z0-30 parts per •11lion
range fn u I hovr average, .-lch 1s U.Ut tw to three tt•s the national
standard. In the EnglMIIOOd area, the last three or four years w hne done
tw S8all -itorlng proJects •re w have seen concentrations fn the neigh -
borhood oft to IZ parts per •111ton . With 9 being the standard, so Englewod
h quite a btt clos.r to the attaf....,t of the standard than the Denver area
h, and we do bow that the tl"eeld we 've been s.elng In the recent years h a
...,_rd t,...... Essentially we expect to s.e concentrations c-. dcMI. We
expect to He tlaat tn the £ngl-.d area as well, so ft -.y very wll be that
w will be IItle to ._.stratt011 wtthht the •xt several ,.ars tltat £ng1ewod
-.y be tn c .. l t-.co wttlt cartNNt --•tde stops, .-felt -.y be a benefit to the Engl-.d area .
111o : I'd Just liu to .... tt a potnt of record that the avroo.nt
bet the Afr C...trol Dtvht• of Colorado Depart t of Healtlt aftd the City
of Englo.oct wt11 be for as 1.., as the arr t Is agrooablo to both parttes .
Kouc : Your ltoftor will you have t clerk react COUIKtl ltll . 61 .
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