HomeMy WebLinkAbout1985-11-18 (Regular) Meeting Agenda• I
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City Council Meeting -Regular _
November 18, 1985
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REGULAR MEETING:
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COUNCIL CHAMBERS
City of Englewood, Colorado
November 18, 1985
The City Council of the City of Englewood , Arapahoe County ,
Colorado , met in regular session on November 18, 1985 , at 7:30 p .m.
Mayor Otis , presiding, called the meeting to order .
The invocation was given by Rever end Jim Clark , Mayflower Con-
gregational Church , 3001 South Acoma Street. The pledge of allegiance
was led by Boy Scout Troop 1151 .
Mayor Otis asked for roll call. Upon a call of the roll , the following were present :
Council Members Higday , Van Dyke , Vobejda, Weist, Bile,
Bradshaw, Otis.
The Mayor declared a quorum present.
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Also present were: City Manager McCown
City Attorney Olsen
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Assistant Director of Community Develop-
ment (Planning) D. Romans
Deputy City Clerk Owen
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MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE 7:30
P.M. SPECIAL MEETING OF OCTOBER 28, 1985. Council Member Bile seconded
the motion . Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bile, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE 10:30
P.M. SPCCIAL MEETING OF OCTOBER 28, 1985. Mayor Pro Tern Bradshaw
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November 18, 1985
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seconded the motion. Upon a call of the roll, the vote resulted as fol-lows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo , Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried .
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There were no pre-scheduled visitors .
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There were no other visitors.
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MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT WITH REGRET THE LETTER
FROM ELIZABETH R . BEIER RESIGNING FROM THE ENGLEWOOD HOUSING AUTHORITY,
AND THAT A LETTER OF THANKS FOR SERVICE BE FORWARDED TO MS. BEIER. Coun-
cil Member Vobejda seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw , Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT THE MEMORANDUM ON THE
SUBJECT OF THE URBAN RENEWAL AUTHORITY BUDGET FOR THE YEAR 1986. Council
Member Bilo seconded the motion. Upon a c a ll of the roll, the vote re-
sulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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November 18, 1985
Page 3
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Consent Agenda items were:
(a)
(b)
(C)
(d)
(e)
(f)
(g)
(h)
Minutes of the Englewood Housing Authority me eti ng of
September 25, 1985.
Minutes of the Planning and Zoning Commission meeting
of October 22, 1985.
Ordinance on final reading amending the Englewood
Municipal Code in order to clarify curfew hours for
the City of Englewood.
Ordinance on final reading approving an agreement
between the City of Englewood and the Arapahoe Libr ary
District for reciprocal borrowing services.
Ordinance on final reading approving an agreement
between the City of Englewood and the Regional Trans-
portaion District to install a passenger shelter on
the northwest corner of South Acoma Street and the
Englewood Parkway.
Ordinance on final reading repealing and reenacting
the Englewood Municipal Code relating to sales and use
tax billing and collection within the City of Engle-
wood to bring the City in compliance with House Bill
1007, the sales tax simplication bill.
Ordinance on final reading adopting the budget for the
fiscal year 1986 in the amount of $31,350,898.
Ordinance on final reading appropriating monies for
fiscal year 1986.
MAYnR PRO TEM BRADSHAW MOV ED TO ACCEPT CONSENT AGENDA ITEMS
9(A)-9(H). Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Consent agenda item (c) was numbered Ord i nance No. 71, (d) was
numbered Ordinance No. 72, (e) was numbered Ordinance No. 73, (f) was
numbered Ordinance No. 74, (g) was numbered Ordinance No. 75, (h) was
numb ered Ordinance No. 76, all Series of 1985 •
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November 18, 1985
Page 4
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COUNCIL MEMBER WEIST MOVED TO OPEN A PUBLIC HEARING TO CONSIDER
AN ORDINANCE ON FINAL READING AMENDING THE COMPREHENSIVE ZONING ORDINANCE
BY INCLUDING A SECION ON SATELLITE DISH ANTENNAS. Mayor Pro Tern Bradshaw
seconded the motion. Up o n a call of the roll, the vote resulted as fol-lows:
Ayes:
Nays:
Council Members Higday , Van Dyke, Vobe jda , Weist,
Bilo, Bradsh a w, Otis.
None.
The Mayor declared the motion carried.
Assistant Director of Community Development Dorothy Romans pre-
sented the staff report and proposed amendment on controlling satellite
dish antennas. Assistant Director Romans submitted the notice of public
hearing for the record. Ms. Romans stated the purpose of the ordinance
was to set standards applicable to all zoned districts in the City of
Englewood . Ms. Romans stated existing dishes would remain as currently
installed, and only those newly installed dishes and relocated dishes
would be required to meet these standards . Ms. Romans noted that various
satellite dish antenna vendors provided input into this process and the
proposed ordinance is a product of the efforts of staff, the commission,
and vendors.
nance . There was no one present to speak in favor or against the ordi-
MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun-
cil Member Bilo seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejd a , Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor decla red the motion carried.
Council Member Vobejda edited the definition of ground-mount to
mean: "The typical ground-mount satellite has the antenna mounted on a
pole wh ich is at least three feet deep in the ground, encased in concrete
at least eight inches in diameter. The cable to the receiver is buried
in the ground between the antenna and the structure".
BY AUTHORITY
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November 18, 1985
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ORDINANCE NO. 77
SERIES OF 1985
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COUNCIL BILL NO. 80
INTRODUCED BY COUNCIL
MEMBER VOBEJDA
AN ORDINANCE AMENDING THE COMPREHENS IVE ZONING ORDINANCE (TITLE XVI OF
ENGLEWOOD MUNICIPAL CODE) BY ADDING A NEW SECTION 16.4-21, SATELLITE DISH ANTENNAS.
COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 80 , SERIES
OF 1985 , OH FINAL READING TO INCLUDE THE EDITORIAL CHANGE AS NOTED BY
COUNCIL MEMBER VOBEJDA. Council Member Van Dyke seconded the motion .
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING TO CON-
SIDER AN ORDINANCE ON FINAL READING AUTHORIZING THE ISSUANCE OF MULTI-
FAMILY HOUSING REVENUE BONDS IN THE AMOUNT OF $12,200 ,000 FOR THE MARKS
DEVELOPMENT, PHASE 1 . Mayor Pro Tern Bradshaw seconded the motion. Upon
a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The M~yor declared the motion carried.
Jack Brugg ema n, senior vice president for Hanifen, Imhoff, Inc
presented the ordinance. Mr. Bruggeman noted the issuancp was subject to
the favorable approval at the hearing on November 25, 1985.
Rick Bowles, attorney for Sherman & Howard and bond counsel for
this issue, came forward and explained the issue.
There was no one in the audience wishing to speak either in
favor or against the ordinance.
COUNCIL MEMBER VOBEJDA MOVED TO CLOSE THE PUBLIC HEARING. Coun-
cil Member Van Dyke seconded the motion. Upon a call of the roll, the
vote resulted as follows:
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November 18, 1985
Page 6
Ayes:
Nays:
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Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. 78
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 91
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD,
COLORADO, VARIABLE RATE DEMAND MULTI-FAMILY HOUSING REVENUE BONDS (THE
MARKS APARTMENTS) 1985 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$12,200,000 TO FINANCE RESIDENTIAL FACILIITES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND P ERSONS ; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AU-
THORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT,
INDENTURE OF TRUST, LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREE-
MENT, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO
THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE RESI-
DENTIAL FACILITIES; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 91, SERIES
OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Council Member Higday.
The Mayor declared the motion carried.
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COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING TO CON-
SIDER AN ORDINANCE ON FINAL READING AUTHORIZING THE ISSUANCE OF MULTI-
FAMILY HOUSING REVENUE BONDS IN THE AMOUNT OF $18,100,000 FOR THE MARKS
DEVELOPMENT, PHASE 2. Mayor Pro Tern Bradshaw seconded the motion. Upon
a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis •
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November 18, 1985
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Nays: None .
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The Mayor declared the motion carried.
Jack Bruggeman, senior vice president of Hanifen, Imhoff, stipu-
lated to the same comments that were given at the previous hearing, ex-
cept these funds were to finance the second portion of the development.
There was no one in the audience wishing to speak either in
favor or against the ordinance.
COUNCIL MEMBER VAN DYKE MOVED TO CLOSE THE PUBLIC HEARING.
Council Member Vobejda seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist ,
Bilo, Bradshaw, Otis.
none .
The Mayor declared the motion carried.
ORDINANCE NO. 79
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 92
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD,
COLORADO , VARIABLE RATE DEMAND MULTI-FAMILY HOUSING REVENUE BONDS (THE
MARKS APARTMENTS) 1985 SERIES A, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$12,200,000 TO FINANCE RESIDEN~IAL FACILIITES FOR LOW-AND MIDDLE-INCOME
FAMILIES AUD PERSONS; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AU-
THORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT,
INDENTURE OF TRUST, LAND USE RESTRICTION AGREEMENT, BOND PURCHASE AGREE-
MENT, SUCH BOt!DS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS," AS TO
THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE RESI-
DENTIAL FACILITIES; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT
HEREWITH.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 92, SERIES
OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Council Member Higday.
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November 18, 1985
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The Mayor declared the motion carried.
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MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON-
SIDER AN ORDINANCE ON FINAL READING WITHDRAWING NEW HIRE POLICE OFFICERS
FROM THE STATE FIRE AND POLICE PENSION ASSOCIATION EFFECTIVE JANUARY 1,
1986 AND ESTABLISHING A MONEY PURCHASE PLAN WITH THE INTERNATIONAL CITY
MANAGEMENT ASSOCIATION. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
Th e Mayor declared the motion carried.
City Manager McCown presented the ordinance and noted there wa s
an error by adding Career Service System terminology.
There was no one from the audience wishing to speak either in
favor or against.
City Attorney Olsen recommended consideration of a redrafted
ordinance exclud i ng the mention of Career Service System and to set an-
other public hearing on December 2, 1985.
COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL NO. 88. The
motion died for lack of a second .
ORDINAtlCE NO.
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 88
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDINANCE ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF THE
POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO , FROM THE FIRE AND
POLICE PENSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN
ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S. 31-30-1001 et. seq., AND,
IN LIEU THEREOF, ESTABLISHING A MONEY PURCHASE PLAN FOR ALL POLICE OFFI-
CERS HIRED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND AP-
PROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE
ASSOCIATION RE-ENFORCING THE MONEY PURCHASE PLAN AS A NON-NEGOTIABLE
SUBJECT OF COLLECTIVE BARGAINING, AND DECLARING AN EMERGENCY •
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November 18, 1985
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COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 88, SERIES OF
1985, ON FINAL READING. Council Memb e r Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
None.
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 88 .1
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDINANCE ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF THE
POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO , FROM THE FIRE AND
POLICE PENSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN
ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S. 31-30-1001 et. seq., AND,
IN LIEU THEREOF, ESTABLISHING A MONEY PURCHASE PLAN FOR ALL POLICE OFFI-
CERS HIRED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND AP-
PROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE
ASSOCIATION EN-ENFORCING THE MONEY PURCHASE PLAN AS A NON-NEGOTIABLE
SUBJECT OF COLLECTIVE BARGAINING, AND DECLARING AN EMERGENCY.
COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 88.1,
SERIES OF 1985, ON FIRST READING, AND TO SET A PUBLIC HEARING ON THIS
MATTER ON MONDAY, DECEMBER 2, 1985, AT 7:30 P.M. Council Member Bilo
seconded the motion. Upon a call of the roll, the vote resulted as fol-
lows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
Dan O'Meara, attorney for Kutak, Rock & Campbell, and Dick
Clark, Chief Financial Officer for Swedish Hospital, came forward and
presented an ordinance on final reading on the issuance of industrial
development bonds.
Council Member Van Dyke queried Mr. Clark about the land lease •
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November 18, 1985
Page 10
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Mr. Clark stated the lease would be for 40 years, and at the end
of the lease term the building ownership would revert to the hospital.
City.
Council Member Van Dyke asked how the issue would benefit the
Mr. O'Meara stated some advantages of this issue would be the
increase in property tax and the revenues received from taxes paid on
building materials for the renovation.
Mr. Clark stated the maintenance of the building has been a
liability and paid for by patient charges. The new building would reduce
this liability.
ORDINANCE NO. 80
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 93.1
INTRODUCED BY COUNCIL
MEMBER VOBEJDA
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $8,500,000 FLOATING
RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (SWEDISH MOB I, LTD.
PROJECT) SERIES 1985 TO FINANCE THE ACQUISITION, CONSTRUCTION, IMPROVE-
MENT AND EQUIPPING OF A MEDICAL OFFICE BUILDING; RATIFYNIG CERTAIN
ACTIONS HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE
CITY OF THE BONDS, A LOAN AGREEMENT AND AN INDENTURE OF TRUST, AND CLOS-
ING DOCUMENTS IN CONNECTION THEREWITH; APPROVING THE FORM OF CERTAIN
ANCILLARY DOCUMENTS; AND REPEALING ANY ACTION HERETOFORE TAKEN IN CON-
FLICT HEREWITH.
COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 93.1,
SERIES OF 1985, ON FINAL READING. Council Member Weist seconded the
motion.
Mayor Pro Tern Bradshaw, Council Member Van Dyke, and Council
Member Bile spoke in opposition to these means of financing in support of
private industry and because there appeared to be minimal advantages to
the City.
Counci l Member Weist spoke in favor of the issue from the stand-
point of supporting the hospital which in turn contributes to the com-
munity.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Vobejda, Weist, Otis.
Nays: Council Members Van Dyke, Bilo, Bradshaw. I • •
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November 18, 1985
Page 11
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The Mayor declared the motion carried.
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City Manager McCown presented a recommendation exempting the
City of competitive bid requirements for purchase of certain supplies,
materials and equipment for resale.
ORDINANCE NO.
SERIES OF 1985
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE ADDING SUBSECTION C TO SECTION 4-l-3-1 OF THE 1985 ENGELWOOD
MUNICIPAL CODE, TO ENABLE CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO
PURCHASE GOODS UPON THE OPEN MARKET OR THROUGH NEGOTIATIONS AND WITHOUT
RECEIVNG SEALED, COMPETITIVE BIDS THEREFOR, BUT ONLY AS TO GOODS THAT ARE
PURCHASED FOR RESALE BY THE CITY.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 83, SERIES
OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Rilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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City Attorney Olsen presented a resolution requesting the Corps
of Engineers to construct a bypass around Union Avenue Dam to lessen the
danger to boaters, floaters, and kayakers who may attempt to otherwise
pass over the dam.
RESOLUTION NO. 50
SERIES OF 1985
A RESOLUTION REQUESTING THE CORPS OF ENGINEERS AND/OR STATE OF COLORADO
TO CONSTRUCT A WHITEWATER BYPASS AROUND UNION AVENUE DAM.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 50, SERIES
OF 1985. Council Member Vobejda seconded the motion. Upon a call of the
roll, the vote resulted as follows:
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November 18, 1985
Page 12
Ayes:
Nays:
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Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented the six-quarter budget for the
period October 1985 through March 1987. Mr. McCown noted two additions
to the 1986 changes were $100,000 for the communication equipment and
$35,000 for the greenway trail system for the area south of Oxford.
RESOLUTION NO . 51
SERIES OF 1985
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO . 51, SERIES
OF 1985 . Council Member Bilo seconded the motion . Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday , Van Dyke , Vobejda, Weist ,
Bilo , Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
Dorothy Dalquist presented a resolution recognizing the support
of the City of Englewood for cleaning up air pollution.
Council Member Bilo stated DRCOG supported the clean air cam-
paign.
RESOLUTION NO. 52, SERIES OF 1985
A RESOLUTION ENDORSING THE METROPOLITAN AREA BETTER AIR CAMPAIGN AND
URGING ENGLEWOOD RESIDENTS TO CURTAIL THEIR DRIVING ON HIGH POLLUTION
DAYS.
COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 52, SERIES OF
1985. Council Member Van Dyke seconded the motion. Upon a call of the
roll, the vote resulted as follows:
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November 18, 1985
Page 13
Ayes:
Nays:
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Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
City Manager McCown discussed his plans to require that non-
emergency employees, working out in the field, shorten their time in the
field and lengthen their time in the office on high pollution days.
* * * * * * *
City Manager McCown presented a proposal establishing a money
purchase plan for department heads without increasing employee benefit
costs to the City.
RESOLUTION NO. 53
SERIES OF 1985
A RESOLUTION APPROVING ESTABLISHMENT OF A MONEY PURCHASE PLAN FOR MANAGE-
MENT STAFF OF THE CITY OF ENGLE\<700D.
COUNCIL MEMBER VOBEJDA MOVED TO PASS RESOLUTION NO. 53, SERIES
OF 1985. Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
City Manager McCown presented a recommendation accepting an
easement grant and right-of-way in the 2300-2400 blocks of West Union
Avenue.
RESOLUTION NO. 54
SERIES OF 1985
A RESOLUTION ACCEPTING EASEMENT FOR RIGHT-OF-WAY PURPOSES FROM THE PUBLIC
SERVICE COMPANY TO THE CITY OF ENGLEWOOD IN THE 2300-2400 BLOCKS OF WEST
UNION AVENUE IN THE CITY OF ENGLEWOOD FOR A LEFT TURN POCKET AT COLORADO
DISPOSAL, INC. TRASH TRANSFER STATION.
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November 18, 1985
Page 14
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COUNCIL MEMBER VAN DYKE MOVED TO PASS RESOLUTION NO. 54, SERIES
OF 1985. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
Assistant Director of Community Development (Planning) Dorothy
Romans came forward and presented a request for approval of a subdivision
plat of property on which General Iron Works operates.
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE GENERAL IRON SUB-
DIVISION PLAT. Council Member Bilo seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
Assistant Director Romans presented the Plann ing and Zoning
Commission's findings of fact and conclusion appr oving the Tidwell Sub-
division.
MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE TIDWELL SUBDIVISION.
Council Member Weist seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
•
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November 18, 1985
Page 15
. I
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Assistan t Director Romans presented the Planning and Zoning
Commission's recommendation to approve the Tidwell Planned Development in
the 4800 block of the east side of South Dec atur Street.
RESOLUTION NO. 55
SERIES OF 1985
A RESOLUTION ADOPTING THE DECISION AND RECOMMENDATION OF THE ENGLEWOOD
PLANNING AND ZONING COMMISSION REGARDIN G THE TIDWELL PLANNED DEVELOPMENT
(CASE NO. 30-85) IN THE 4800 BLOCK OF SOUTH DECATUR STREET FOR 12 SINGLE-
FAMILY PATIO HOMES.
COUNCIL MEMBER WEIST MOVED TO PASS RESOLUTION NO. 55, SERIES OF
1985. Council Member Van Dyke seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke , Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
MAYOR PRO TEM BRADSHAW MOVED TO SET A PUBLIC HEARING ON MORTGAGE
REVENUE BONDS ON MONDAY, DECEMBER 16, 1985, AT 7:30 P.M. Council Member
van Dyke seconded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
Council agreed to hold a study session on Monday, November 25,
1985, at 5:00 p.m. to discuss the land swap that is being proposed by
Park Floral in the relocation of its business.
RESOLUTION NO. 56
SERIES OF 1985
* * * * * * *
•
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•
•
November 18, 1985
Page 16
•
• •
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY
ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR
YEAR 1986 .
MAYOR PRO TEM BRADSHA\'1 MOVED TO
OF 1985, SETTING THE FOLLOWING SALARIES:
MUNICIPAL COURT JUDGE AT $50,100/ANNUAL;
CITY MANAGER AT $68,000/ANNUAL. Council
tion. Upon a call of the roll, the vote
PASS RESOLUTION NO. 56 , SERIES
ASSOCIATE JUDGE AT $250 /DAY;
CITY ATTORNEY AT $63,000/DAY;
Member Higday seconded the me-
resulted as follows:
Ayes: Council Members Higday, Van Dyke , Vobejda, Weist,
Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
* * * * * * *
City Attorney Olsen asked Council consider setting salaries for
his office staff at the next study session.
* * * * * * *
There being no further business, COUNCIL MEMBER HIGDAY MOVED TO
ADJOURN. The Mayor adjourned the meeting without a vote at 9:30 p.m.
rcJ1((b;W putycltY Clerk
I .
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•
• -
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
NOVEMBER 18, 1985
7:30 P.M.
cru ~ 1 . Call to order.
(
4.
Invocation by Reverend Jim Clark, Mayflower Congregational
Church, 3001 South Acoma Street.
Pledge of allegiance by Boy Scout Troop #151.
Roll call.
5. Minutes.
/
)l•\ (a)
(l {:> /
Minutes of the 7:30 p.m. special meeting of October 28,
1985.
(b) c l)i l-·
Minutes of the 10:30 p.m. special meeting of October 28,
1985.
6. Pre-Scheduled Visitors.
10 minutes. ) (Please limit your presentation to
'J ~
c
1 I
I
l ~
7. Non-Scheduled Visitors. (Please limit your presentation to 5
minutes.)
8. Communications and Proclamations.
(a) Letter of resignation from Elizabeth R. Beier as member
of Englewood Housing Authority.
cyK (b) Communication from Urban Renewal Authority concerning
the 1986 URA budget.
• •
I • •
(
•
. '
•
• •
Ci:y Council Meeting
No"ember 18, 1985
Page 2
9. Consent Agenda.
(a) Minutes of the Englewood Housing Authority meeting of September 25, 1985.
(b) Minutes of the Planning and Zoning Commission meeting of October 22, 1985.
(c) Ordinance on final reading amending the Englewood
Municipal Code in order to clarify curfew hours for the City of Englewood.
Ordinance on final reading approving an agreement
between the City of Englewood and the Arapahoe Library
District for reciprocal borrowing services.
Ordinance on final reading approving an agreement
between the City of Englewood and the Regional
Transportation District to install a passenger shelter
on the northwest corner of south Acoma Street and the Englewood Parkway.
Ordinance on final reading repealing and reenacting the
Englewood Municipal Code relating to sales and use tax
billing and collection within the City of Englewood to
bring the City in compliance with House Bill 1007, the sales tax simplification bill. I Ordinance on final reading adopting the budget for the 1
fiscal year 1986 in the amount of $31,350,898 •
1
Ordinance on final reading appropriating monies for/ fiscal year 1986.
To consider an Ordinance on final reading amending the
Comprehensive Zoning Ordinance by including a section on Satellite Dish Antennas.
•
I • •
•
• -
city Counci l Meeting
November 18, 1985
Page 3
(b)
(c)
To consider an Ordinance on final reading authorizing
the issuance of multi-family housing revenue bonds in
the amount of $12.2 million for The Marks Development,
Phase 1.
chi1~
(Y!..l \
To consider an Ordinance on final reading authorizing
the issuance of multi-family housing revenue bonds in
the amount of $18.1 million for The Marks Development,
Phase 2.
To consider an Ordinance on final reading withdrawing
new hire Police Officers from the State Fire and Police
Pension Association effective January 1, 1986 and
establishing a money purchase plan with the
~;~·)
( ~ ~u \ International City Management Association.
LL <-t e P).jr.~ ~_~ etLt--
11. Ordi~anc~, Resolutions
(
(d)
I
(e)
(f)
,)
(
(
and Motions.
ordinance on final reading authorizing the issuance of
up to $8.5 million of Industrial Development Bonds for
swedish M 0 B 1, Ltd. for the purpose of financing a
medical office building (Swedish Medical Office
Building).
Recoamendation to approve an ordinance exempting the
City from competitive bid requirements for purchase of
certain supplies, materials and equipment for resale.
Resolution requesting the Corps of Engineers and/or
State of Colorado to construct a whitewater bypass
around Union Dam.
Recommendation to approve a resolution adopting the
Public Improvement Fund Six-quarter Budget for the
period October 1985 through March 1987.
Recommendation to approve a resolution recognizing the
support of the City of Englewood for the Better Air
Campaign.
Recommendation to approve a resolution authorizing the
establishment of a Money Purchase Plan for management
staff of the City of Englewood.
Recommendation to approve a resolution accepting a grant
of easement and right-of-way in the 2300-2400 blocks of
West Union Avenue for widening the street to allow for a
left-turn lane. Construction to be paid for by Colorad o
Disposal Inc. (CDI).
•
I • •
-
•
. !
•
• •
City counci.l Meeting
November 18 , 1985
Page 4
Recommendation from Planning and Zoning Commission to
approve the Stearns-Roger (General Iron Works) Subdivision Plat.
Recommendation from the Planning and Zoning Commission
to approve the Tidwell Subdivision Plat located on the
east side of South Decatur in the 4800 block.
(j) Recommendation from the Planning & Zoning Commission to
t approve the Tidwell Planned Development located on the
W 6 '7 east side of South Decatur Street in the 4800 block.
12 . City Manager's Report.'---)0 fr... ...A TI -~., o --..1)) ~-(.._,u (/~.,._lor
• ·-----J"i<J....__t.. 'dd_ ~t-' u --,v -.-<..~-<-t.~n , ...t. • "-Q-/3.-tA P
13. City Attorney's Report.
14. General Discussion.
(a)
AM/sb
Mayor'• Choice.
Council Member's Choice.
(i) Resolution establishing salaries for Council
appointees for the calendar year of 1986.
•
I • •
(
. I
•
• •
I ~ ~
(
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
NOVEMBER 18' 1985
7:30 P.M.
tL 1. Call to order.
Invocation by Reverend Jim Clark, Mayflower Congregational
Church, 3001 South Acoma Street.
{'
~t 3. Pledge of allegiance by Boy Scout Troop 1151.
(
4. Roll call.
5. Minutes.
(a) Minutes of the 7:30 p.m. special meeting of October 28,
1985.
'!<J ~ .1 ~ (b) Minutes of the 10:30 p.m. special meeting of October 28,
II ,) 1985.
•
6.
7.
Pre-Scheduled Visitors.
10 minutes. )
Non-Scheduled Visitors.
minutes.)
(Please limit your presentation to
(Please limit your presentation to 5
8. Communications and Proclamations.
(a) Letter of resignation from Elizabeth R. Beier as member
of Englewood Housing Authority.
~ 1 (b) Communication from Urban Renewal Authority concerning ~· t the 1986 URA budget • I • •
.,
•
• -
City Council Meeting
November 18, 1985
Page 2
(
9. Consent Agenda.
(? f3 h --
e·, 11
<!...J3g 4
. ~ "1 ,;).
c.~gq
&__ 1 t;
r.JP.JG/0
~~-1 &-
(a) Minutes of the Englewood Housing Authority meeting of
September 25, 1985.
(b) Minutes of the Planning and Zoning Commission meeting of
October 22, 1985.
(c) Ordinance on final reading amending the Englewood
Municipal Code in order to clarify curfew hours for the
City of Englewood.
(d) Ordinance on final reading approving an agreement
between the City of Englewood and the Arapahoe Library
District for reciprocal borrowing services •
(e) Ordinance on final reading approving an agreement
between the City of Englewood and the Regional
Transportation District to in•tall a passenger shelter
on the northwest corner of South Acoma Street and the
Englewood Parkway.
Ordinance on final reading repealing and reenacting the
Englewood Municipal Code relating to sales and use tax
billing and collection within the City of Englewood to
bring the City in compliance with House Bill 1007, the
sales tax simplification bill.
(g) Ordinance on final reading adopting the budget for the
fiscal year 1986 in the amount of $31,350,898 •
(h) Ordinance on final reading appropriating monies for
fiscal year 1986.
10. Public Hearing.
(a)
(
•
To consider an Ordinance on final reading amending the
Comprehensive Zoning Ordinance by including a section on
Satellite Dish Antennas.
•
I • •
. '
•
• •
City Counci l Meeting
November 18, 1985
Page 3
(!._ 11 (b)
<. / rJ8
(2//) c(J. (c)
(>>:d-·1q
c.!~~;;. cP .· ~)
c.r~><3. I '
'--fvtfCUJ
To consider an Ordinance on final reading authorizing
the issuance of multi-family housing revenue bonds in
the amount of $12.2 million for The Marks Development,
Phase 1.
To consider an Ordinance on final reading authorizing
the issuance of multi-family housing revenue bonds in
the amount of $18.1 million for The Marks Development,
Phase 2.
To consider an Ordinance on final reading withdrawing
new hire Police Officers from the State Fire and Police
Pension Association effective January 1, 1986 and
establishing a money purchase plan with the
International City Management Association.
11. Ordinances, Resolutions and Motions.
~8 3.1 (a)
&~r <-)D
c!_.8<)3
(b)
t3to li. Lt.
(c)
t ~· .§(.-
(d)
r! .u :J
(e)
"{,, c ') .)..
(f)
} <-' ;J <J.U -J
(g)
{;)~
•
Ordinance on final reading authorizing the issuance of
up to $8.5 million of Industrial Development Bonds for
Swedish M 0 B 1, Ltd. for the purpose of financing a
medical office building (Swedish Medical Office
Building).
Recommendation to approve an ordinance exempting the
City from competitive bid requirements for purchase of
certain supplies, materials and equipment for resale.
Resolution requesting the Corps of Engineers and/or
State of Colorado to construct a whitewater bypass
around Union Dam.
Recommendation to approve a resolution adopting the
Public Improvement Fund Six-quarter Budget for the
period October 1985 through March 1987.
Recommendation to approve a resolution recognizing the
support of the City of Englewood for the Better Air
campaign.
Recommendation to approve a resolution authorizing the 1 establishment of a Money Purchase Plan for management
staff of the City of Englewood.
Recommendation to approve a resolution accepting a grant
of easement and right-of-way in the 2300-2400 blocks of
West Union Avenue for widening the street to allow for a
left-turn lane. construction to be paid for by Colorado
Disposal Inc. (CD!) •
•
I • •
-
•
City counci.L Meeting
November 18, 1985
Page 4
. '
•
• •
(h)
0-pftCL"'?cl
Recommendation from Planning and Zoning Commission to
approve the Stearns-Roger (General Iron Works)
Subdivision Plat.
( i)
Of~ rL
Recommendation from the Planning and Zoning commission
to approve the Tidwell Subdivision Plat located on the
east side of South Decatur in the 4800 block.
(
•
12.
13.
(j) Recommendation from the Planning & Zoning Commission to
approve the Tidwell Planned Development located on the
east aide of South Decatur Street in the 4800 block.
14. General Discussion.
(a) Mayor'• Choice.
(b) Council Member's Choice.
( i)
AM/sb
Resolution establi•hing salaries for council
appointees for the calendar year of 1986.
I • •
.,
• -
• •
AGENDA ITEM ----PRESENTED BY ------
J--:;~. ciJz0J ~5c.tui-~!~_,I
/ J .) c
(__ 7'1\ ( . lt ' z, _)
.)_~ ;2 n'
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlqdav
Neal
Vobeida
Weist
Bllo
Bradshaw
Otis
MariON :
I .
• •
•
• •
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday 1, ....
~f/,1.-....IYZ. i:l h
vobe i da 7 v
Weist v-
Rl to v--
Bradshaw v-
Otis I/
MOTION: ~~ d ·rUZ(
I •
• •
• I
•
• •
/ 1
AGENDA ITEM ~ C<--PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday
Neal I
Vobeida I
Weist I
v Bllo I
f / Bradshaw l
Otis '\..
MOTION:
I • •
•
. I
•
• •
/~
AGENDA ITEM -=:::.._..~:t;_=-.:.. J _ PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HTgday
Neal I
Vobe 'da I
I/' Weist I
Bllo I
y Bradshaw 1/
Otis \
' MariON:{'~ J 2. t'l~
I • •
• -
• •
AGEND A ITEM ---'~=+-·---PRESENTED BY --------
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
Hladav
Neal
Vobe;d a
Weist
Bllo
Bradshaw --Ot is
MOTION:
I .
•
. '
•
• •
AGENDA ITEM __ ·; ___ _ PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HT<Iday
Neal
Vobeida
Weist
IIllo
Bradshaw
Otis
MOTION:
I .
•
. /
•
• •
AGENDA ITEM PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HIQdav I
Neal I
v Vo beida I
Weist I
Bllo
{/ Bradshaw
Otis
" MOTION: (,. (' [.....C-") L
I •
•
•
AGENDA ITEM
Moved
v
MOTION:
Seconded
v
' "7-
ROLL CALL
Hlgday
Neal
Vobe i da
Weist
Bl lo
Brads haw
Otis
. ,
•
• -
PRESENTED BY --------
Ayes Nay Absent Abstain
J
/
I
T
~
"'-'"
I •
• !
•
• •
AGENDA ITEM q C...___ -5. PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday
Neal
Vobeida I
WeTst I
v Bllo I
v Bradshaw I
Ot i s \
MOTION:
I •
•
. I
• -
• •
AGENDA ITEM --'-~-· __ {_' _ PRESENTED BY --------
RO LL CALL
Ayes Nay Absent Abstain Seconded Hoved
Hlgday
Neal I
Vobe1da I
...._... We-Ist I
Bi lo I
c:--Bradshaw I
Otis
MOTION:
C J:)L ·----I • •
•
•
. '
•
• •
AGENDA ITEM -----PRESENTED BY --------
t~ (f )
;b -( _,J u /' .;. a c.~1 -!-; ' . m . · t'-· ?
( ~) .<-'
.._ '>'-t '),-, ~>~r s' {_ (. , ... ,.-
._.. 't,_( J {. .( ---) I <..
:.._ I { )1 t -l )< .£---~ {.--( )2L .£' !.. <" 1 " --f -:t I{~
r. 6-(_ t -t J
·ROLL CALL
ll· f ) (. ~ '--.J
1 c c 1'-,~ t 1 1 '';/-1 J
J )t (-1 /'
,IlL-' y1 I' 4 l'l r
1'\oved
./
Seconded Ayes May Absent Abstain
Hlgday
Neal
Vobe1da
Weist
Bl lo
Bradshaw
Ot i s
MOTION:
f
I • •
.,
•
• •
AGENDA I TEM -----
PRESENTED BY --------
_.--
..... 1ll 2. L L Z (;_. {_ IA.L
!..< ( A.A. J-1 /}
ROLL CAL L
Abstain
Moved Seconded Ayes Nay Absent
---..
HTgday
Neal I
Vobeida I
Wei s t I
~ Bl lo I
(./ Bradshaw \
Oti s ' -.;;;;:::
MOTION :
I • •
•
. I
• -
• •
PRES ENTED BY --------
AGENDA ITEM -----
ROLL CALL
Ay~ Nay
1'\oved Seconded
II M.aoav 1'. v Neal I vob eid a I v Weist I ~
Bi lo ,
Bradshaw \ Otis '-
Absent Abstain
-
I • •
•
. I
•
•
.. -
AGENDA ITEM l ub .
PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain I
HIQda}' I Neal I
Vobeida I ~ Weist I
Bllo I v Bradshaw I
Otis \
'
MOTION:
I • •
•
•
. '
•
• •
AGENDA ITEM ----P~EmEDBY ______ __
/C / c;_;J·
-J>,.__.i .c lr· :
,,
I" --r G f' 12 1-i u a 2, ~t'}
P·''-"J-(' I {l "__ '-11 -0 ct J o '· -t ( '-(;__. <-
II-/.-~-8 ~
j2u< L I ~~<4 ·. _,---
3 1 2 0 ·~ /_u~L~
_<) tLL L 11 ~ • -d b }_( r c'-._
ROLL CALL
Moved Seconded Ayes Nay Absent
Hloday
Neal
Vobe1 da
Weist
Bllo
Bradshaw
Otis
MOTION:
Abstain
I . .
. '
•
• •
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstal n
HIQdav
v Neal ,..._ Vo b ei d a I
Weist /
Bilo /
Bradshaw I
Oti s
'-
MOTION :
I .
•
• •
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Higday -v Neal I
Vobeida 7
Weist I
Bllo 1 ,--Bradshaw I
Otis '
M<YriON:
I •
•
•
• •
AGENDA ITEM PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
_!!_I !l(Jo!r_ i
Nea_!_ .1.
vobEU_da L
~ We_!_s t L
_!ti lo I
Bradshaw L1
Otis ~
MOTION:
I • •
• • ..,
• I
•
•
.. •
.... ~~-----~ -------
AGENDA ITEM PRESENTED BY -------
I
/-::-) •< • .
I
Moved
/
MariON:
Seconded
Hladay
NeaT
v Vobe;da
Weist
Bile
Bradshaw
Otis
-
ROLL CALL
Ayes Nay Absent Abstain
I
I
I
I
\
'
I • •
•
• -
-
AGENDA ITEM -----
PRESENTED BY --------
P.OLL CALL
Ayes Nay Absent Abstain
Moved Seconded -~~av v Neal I
vobeida 7
Weist
Bl lo
Bradshaw I 1L 1/ Otis
MariON: 46 ct v I • •
•
•
• -
-
AGENDA ITEM /[ c:(__ PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
-Hlgdav 7
Neal I
v Vobe da I
Weist 7
Bllo v Bradshaw 7
Otis 1/
MOTION:
I • •
{..--<-
• -
• •
-
AGENDA ITEM PRESENTED BY -------
/)::... . ~' {. cd /// .
\..._ '!. 7 c i''--
....t__j_
f!).__ ( z. ? -
ROLL CALL
Hoved Seconded Ayes Nay Absent ....... Abstain
HIQdav
Neal
._/ Vobe-i da I
WeTst I
v Bl lo
Bradshaw I
Oti s r
\
MOTIO~ •
I • •
• •
•
• -
-
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
it ' Hlgday
Neal
Vobeida
Weist
Biio
Bradshaw
Otis
MOTION: f3 ~ t
-z;~t / I • •
• •
..
• -
• •
AGENDA ITEM PRESENTED BY --------
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
Hlgc:lay
Neal I
v Vobeida I
Weist I
v Bl lo I
Bradshaw I
Otis I
(
I •
•
•
• •
AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent --Abstain
v 111goay j
Neal I
Vobe1da I
Weist I v Bi lo 1
Bradshaw \
Otis
MOTION:
I • •
• •
. '
•
• •
AGENDA ITEM ~ PRESENTED BY ------
iJ /VI-c 11J_/L U___.
, I • I~ /], t~ ,f {t,,f ~C1.__Q__ .
I t(;/); /,l . rl . crX ' ) l~ { ca--1. ) -C L.o 0 j t l ~ C (J
-.~i.L ~t I_. ~ f'u r l-'--1' t3 '-> ()\ ~ (c G-.-/'!
-4j -c. () ) L-( . ·:/ (J j <X] c 0 ci,___
7
6f-l U:.
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday
Neal
_k"' Vobeida
.1-"'_ Weist
Bi lo
Bradshaw
Otis
I . •
•
. '
•
• •
AGENDA ITEM PRESENTED BY --------
ROLL CALL
f
Moved Seconded Ayes Nay Absent Abstain
Hlgoay
Neal -Vobeida
Weist -Bllo
Bradshaw -
Otis
MCYI'I ON:
I • •
• •
•
• •
AGEND.ll. ITEM I I b PRESENTED BY
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
' Hl gday I
Neal J v Vobeida 7
We is t I
Bl l o 7
i..--Bradshaw l
Otis '-
MOTION:
I • •
. ,
•
• •
AGENDA ITEM ---'-/-'-~--'-~--PRESENTED BY --------
ROLL CA LL
Hoved Seconded Ayes Nay Absent Abstain
Hlgday I
Neal I
v Vobe1da I
Weist 1
Bi lo I
v Bradshaw I
Otis \
I •
MOT ION: (_
I ;__ •
•
. '
•
• •
AGENDA ITEM 1/r{_
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
Hlq<lay I
Neal I
Vobei da I
Weist I
v Bi lo I
v Bradshaw I
Otis
MOTION:
I • •
. I
•
• -
AGENDA ITEM I le-PRESENTED BY .A a/ c:g~
ROLL CALL
Moved Seconded A yes Nay Absent Abstain
v' IQaay
v Neal I
Vobeida I
Weist I
Bllo I
Bradshaw I
Otis I
I
MOTION : L
1r!Y. I .
• •
. '
•
• •
AGEN DA ITEM -----PRESENTED BY --------
,-'1'-tl~ 1. OJ t/
~(., L .,..___-
~ {to t(!['-' (.( L L~ ( <-· ---,t.·-
/?_( {
ROLL CALL
Moved Seconded Ayes N Ab ay sent Abstain
Hlgaav
Neal
Vobei d a
Weist
Bi lo
Bradshaw
Otis
MOTION:
I
• •
. ,
• -
• •
PRESENTED BY
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hrgdav
Neal I
-./ Vobe1da I
Weist I
v-Bllo I
Bradshaw I
Otis
MOTION:
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>GENDA 'TEM ~
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Higday
v Neal
Vobeida I
Weist /
Bllo 7
v Bradshaw I
Otis \
'
MariON :
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AGENDA ITEM J1L PRESENTED BY dfJ .
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlgday
Neal I
Vobe1da 7
Weist I
~ Bllo 7
v Bradshaw I
Otis \
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AGENDA ITEM I!~ . ;fJ_ ,J '(1. ' PRESENTED BY ,> I <f Jlr ,t
ROLL CALL
Moved Seconded Abstain
Hlgday
Neal
Vobei d a
We is t
Bllo
Bradshaw
Otis
MOTION :
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ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
Hlqdav
Neal j
Vobeida I v Weist I
Bllo v Bradshaw {
Otis \
MOTION: ,_ t_-1-
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AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlqday ~ v Neal I
Vobeida /
v Weist 7
Bllo 1/
Bradshaw
Ot i s 1\.
MariON:
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AGEN DA ITEM /c?i
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Seconded
Ht goay
v-Neal
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We ist
Bi lo
Br a ds haw
Otis
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PRESENTED sY i'h e A t21n< J
Ayes Nay Absent Abstain
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MIQO!Y.
Neal
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Bradsh-
Otis
MOTION :
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Ayes Nay Absent Abstain
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AGENDA ITEM I 4-h ~ PRESENTED BY --------
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
y HIQCiay \
Neal I
Vobeida I
Wei s t I
Bllo v Bradshaw I
Ot i s \
MOTION:
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AGENDA ITEM ----PRESENTED BY C"~·~c~· ,:!=L;::.Ia..J_ __ _
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
rHqoav
Neal
Vobe1da
Weist
Bi lo
Bradshaw
Otis
MOTION: I .
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COUNCIL CHAMBERS
City of Englewood, Colorado
October 28, 1985
SPECIAL MEETING:
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in special session on October 28, 1985, at 7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Council Member Higday. The pledge of
allegiance was led by Mayor Otis.
Mayor Otis asked for roll call. Upon a call of the roll, the
following were present:
Council Members Higday, Van Dyke, Vobejda, Weist, Bilo,
Bradshaw, Otis.
The Mayor declared a quorum present.
* * * * * * *
Also present were: Acting City Manager Powers
City Attorney Olsen
* * •
Fire Chief Broman
Assistant Director of Community
Development (Planning) D. Romans
Deputy City Clerk Owen
* • * •
MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO
CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION
REGARDING THE MARKS PLANNED DEVELOPMENT. Council Member Bilo seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Harold Stitt, 7000 West 24th, Lakewood, Planning and Zoning
staff member, presented the case on behalf of the Planning and Zoning
Commission and Department of Community Development (Planning). Mr. Stitt
entered into the record the following documentation:
1. Certifi~ate of posting of the property
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October 28, 1985
Page 2
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2. Certificate of public notice published in the newspaper
3. Resolution from the Englewood Chamber of Commerce support-
ing the Harks Planned Development
4. Letter from the Englewood Board of Education supporting
the Harks Planned Development
The case before the Council was a proposed development of a
632-unit apartment project located on US 285 and Gilpin Street (The
Marks). The developer of the project was Chasewood Company of Colorado,
a Trammell Crow Residential Company.
Hr. Stitt stated the case was reviewed by the Planning and
Zoning Commission and approved conditional upon 14 items being
accomplished.
Hr. Stitt stated the matter was now before City Council for
final consideration.
* * * * * * *
Dick Campbell, president of the Chasewood Company, came forward.
Hr. Campbell described the proposed development and provided historical
information on the site plan. Mr. Campbell stated the project would be
financed by industrial development bonds. Hr. Campbell stated he met
with representatives of the Waterford just east of the proposed site and
was willing to make changes to the project at the request of these
representatives.
* * * * * * *
Pearle Rae Kortz, 1900 East Girard Place, came forward as
spokesperson for the Waterford residents. At the request of Ms. Kortz
approximately 67 attendees stood up in show of opposition to The Harks
project . Ms. Kortz expressed opposition herself to the project.
* * * * * * *
Alice Meanwell, 1900 East Girard Place, came forward. Ms.
Meanwell spoke in opposition based on the problems of the buildings being
too h igh and blocking the Waterford residents' mountain view, problems
with open trash areas, crowded parking, weak security, and the increase
in tr a ffic. Ms. Meanwell also noted there was the possibility of a
ret ai l center being constructed which would complicate the aforementioned
probl ems even further.
* * * * * * *
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October 28, 1985
Page 3
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Tip Polumbus, 1900 East Girard Place, came forward. Mr.
Polumbus opposed The Marks development because it contradicted the
concept of the Waterford.
* * * * * * *
Donald Pick, 1900 East Girard Place, came forward. Mr. Pick
opposed The Marks development and spoke to the security and traffic
problems that the development could create. Mr. Pick submitted
photographs of the traffic in the area at different times of the day.
* * * * * * *
James Broman, Fire Chief for the City of Englewood, came forward
and stated that his department could still provide the same level of fire
protection in the area if The Marks was built.
* * * * * * *
Tom Ragonetti, 636 Monaco Parkway, attorney representing the
Waterford residents, came forward. Mr. Ragonetti requested more time to
study the traffic study that was conducted on the subject area.
* * * * * * *
Ms. Kortz came forward again and stated the developer only began
working with the residents of the neighborhood last week. Even though
some progress has been made, e.g. the elimination of certain easterly
bu ildings, there was much work remaining. Ms. Kortz asked that Co uncil
request the groups of the Waterford and the Chasewood to cont i nue to work
together, ancl that a reasonable timeframe be granted within which to do
it.
* * * * * * *
Sidney Parr, 3229 South Franklin, came forward. Hr. Parr
spoke for thE · neighborhood outside the Waterford. Mr. Parr stated
members of Ctasewood failed to talk to these homeowners . Hr. Parr stated
there have bfen accidents in the area of Lafayette and Floyd. The
project woul c further compound the traffic problems; and therefore, Mr.
Parr opposed the development.
* * * * * * *
Ron <ld Fish, 3210 South Franklin, came forward. Hr. Fish
opposed the Iroject because it was contrar y to the single-family concept
and that fedrral monies were go i ng to be used to finance the
development •
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October 28, 1985
Page 4
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Melvin s. Dills, 1801 East Gi rard Avenue, came forward. Mr.
Dills lived in Kimberly Vi l lage, a ne i ghbor i ng apartment complex. Mr.
Dills stated he was unsupport i ve of the Waterford project. Mr. Dills
stated his concern was whether or not a drainage study had been
conducted.
Mr. Stitt responded that the drainage plans had been tentatively approved.
Mr. Dills asked that some sort of sprinkler system be addressed
because of potential drainage problems. Further, that the traffic study
covered too short of a period to accurately protray the problems in the area.
Mr. Dills was also concerned about the safety rules that would
be observed during construction in light of children in the area •
• • • • • • •
The Mayor declared a recess at 9:20 p.m. and recon •1ened the
meeting at 9:30 p.m.
Upon a call of the roll, the following were present:
Council Members Higday, Van Dyke, Vobejda, Weist, Bilo,
Bradshaw, Otis.
The Mayor declared a quorum present.
• • • • • • •
Joann Edsel, 3200 South Lafayette, came forward. Ms. Edsel
stated each time a developer has wanted to build apartments in this area,
there have been promises of many amenities. Ms. Edsel stated she could
not recall that any of these promises were ever kept. Ms. Edsel
expressed an opinion that the Chasewood Company would be no different
from previous developers.
• • • • • • •
John Beinder, 2099 East Floyd Place, came forward, and supported
t he previous speakers opposing the projects.
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October 28, 1985
Page 5
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At the request of Council, Mr. Stitt came forward are reviewed
the conditions of this development as set forth by the Planning and
Zoning Commission.
* * * * * * *
At the request of Council Member Higday, Dorothy Romans provided
testimony in the 60 ft easement along Franklin Street.
* * * * * * *
Luis Romero, 3220 South Humboldt, came forward. ~r. Romero
expressed concern about the impact of traffic at Girard and Lafayette as
well as the problems occurring from cars decelerating at tr.e exit of Old
Hampden Avenue and Hampden Avenue. Other than this partic~lar concern,
Mr. Romero stated the project look good.
* * * * * * *
Tom Crane, 3270 South Gilpin, came forward. He pointed out that
the exit from Kimberly Village to Girard was a blind spot and should be
improved if this development was approved.
* * * * * * *
There were no further comments
COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HE~RING. Mayor
Pro Te~ Bradshaw seconded the motion. Upon a call of the r)ll, !he vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyl .e, Vobejda, W ~ist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
• • * * * • *
COUNCIL MEMBER VAN DYKE MOVED TO APPROVE THE DF.VELOPMENT
INCLUD I NG ALL THE AMENDMENTS AS PRESENTED BY THE CHASEWOOD COMPANY; AND
FURTHER, THAT THE CHASEWOOD COMPANY COMPLY WITH THE 14 POINTS AS OUTLINED
BY THE PLANNING AND ZONING COMMISSION, THE TRAFFIC REPORT AS OUTLINED BY
THE TRAFFIC ENGINEER JOE PLIZGA AND STATE HIGHWAY DEPARTMENT; AND THAT
THE CHASEWOOD COMPANY PLEDGE TO CONTINUE TO WORK WITH THE NEIGHBORHOODS
TO FURTHER RESOLVE ANY PROBLEMS. Mayor Pro Tern Brddshaw seconded the motion.
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October 28, 1985
Pag e 6
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Council Member Higday opposed the development on the basis of
incompatibility with the neighboring areas.
Council Member Bilo opposed the development on the basis of it
being inadequate compared to the surrounding neighborhoods.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Weist, Bradshaw, Otis.
Nays: Council Members Higday, Van Dyke, Vobejda, Bilo.
The Mayor declared the motion defeated.
• • • • • • *
MAYOR PRO TEM BRADSHAW MOVED TO SET A PUBLIC HEARING ON NOVEMBER
25, 1985, AT 7:30 P.M. TO HEAR THIS MATTER AGAIN. Council Member Van
Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * • *
There being no further business, Mayor Otis adjourned th e
meeting without a vote at 10:30 p.m.
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SPECIAL MEETING:
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COUNCIL CHAMBERS
City of Englewood, Colorado
October 28, 1985
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in special session on October 28, 1985, at 10:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation and pledge of allegiance were waived since both
were given at the preceding meeting that convened at 7:30 p.m. on this date.
Mayor Otis asked for roll call. Upon a call of the roll, the following were present:
Council Members Higday, Van Dyke, Vobejda, Weist, Bilo,
Bradshaw, Otis.
The Mayor declared a quorum present.
* * * * * * *
Also present were: Acting City Manager Powers
City Attorney Olsen
RESOLUTION NO. 40
SERIES OF 1985
* * *
Fire Chief Broman
Assistant Director of Community
Development (Planning) D. Romans
Deputy City Clerk Owen
* • * *
A RESOLUTION APPROVING AND AUTHORIZING SUPPORT FOR MAINTAINING THE
DESIGNATION OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AS THE
AREA AGENCY ON AGING (AAA) •
COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 40, SERI~S OF
1985. Council Member Vobejda seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
tlays:
Council Members Higday, Van Dyke, Vobejda, Weist,
Bilo, Bradshaw, Otis.
Ilene.
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October 28, 1985
Pa ge 2
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The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1985
* * * *
BY AUTHORITY
A BILL FOR
* * *
COUNCIL BILL NO . 82
INTRODUCED BY COUNCIL
MEMBER MAYOR OTIS
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF NOT EXCEEDING
$50,000 ,000 CITY OF ENGLEWOOD, COLORADO MULTI-FAMILY HOUSING MORTGAGE
REVENUE BONDS (TROLLEY SQUARE APARTMENTS PROJECT) 1985 SERIES A, TO
FINANCE PROPERTY SUITABLE FOR USE FOR RES I DENTIAL RENTAL PROJECTS;
RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHO RIZING THE EXECUTION AND
DELIVERY BY THE CITY OF A FINANCING AGRE EMENT AND INDENTURE OF TRUST,
SAID BONDS AND CLOSING DOCUMENTS IN CONN ECTION TH EREWITH; REPEALING
ACTION HERETOFORE TAKEN IN CONFLICT HF.REW ITH; AND DECLARING AN
EMERGENCY.
Council Member Higday express e d hi s d i spleasure with th e pro jel
d e s i gn a s presented by a tt orney Bob J oyce .
MAYOR OTIS MOVED TO PASS COU NCIL BI LL NO. 82, SER I ES OF 1 98 5 , ON
F IRST READING. Mayor Pro Tern Bradshaw seconded t he motion . Upon a ca l l
o f t h e ro ll , the v o te r e su lted as fo l lows:
Ay e s:
Nays:
Coun cil Members Hi g da y, Va n Dyke, Vobe j d a , We i s t ,
Bi lo, Br a dsha w, Otis .
No ne.
The Mayor declared the motion carried .
* • • * • • *
There being no fur t her business to discuss , MAYOR PRO TEM
BRADSHAW MOVED TO ADJOURN THE MEETING . Mayor Oti s a d j o urned the meeting
without a vote at 11:00 p.m.
~~g~{Q~~
e pUty City Cle rk
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316 7 South Bannock St .
Englewood, Colorado 80110
November 6, 1985
Mayor Eugene L. Otis
City of En 6 lewood
3400 South Elati Street
Enelewood, CO 80110
Dear f,1ay or Oti s:
Please accept my resignation from the
Englewood Hou sing Authority. Over 12 years is
long enough. The next regular meeting is
December 4, at which time I would like for my
resi gnation to be effective.
It has been an interesting experience
(most of the t i me) to serve frorn the beginning
and to see th e developments in housi ng in our
City . Most of all I have enjoyed knowing the
other members of th e Authority and the city
people invol ved in our p rograms.
I thank yo u and former ma y ors for the
a p pointments to the Ho using Authority.
Sincerely ,
~rz.-Elizab~~ R. Beier
"·,·· '" f.
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MEMORANDUM
To: Mayor Otis and City Council
From: (:...__~~-('--"'\
Susan Powers, Executive Director Q
Date: November 7, 1965
Subj ec t: 1966 UKA Budget
Attached is Resolution #2 1 of the Englewoo d Urban Renewal Authority adoptin g
the 1966 budget. Along with the budget is the breakdo~~ of the administ ration
costs anticipated for the year. Since the funds are from the bond issue, this
was not included with the city budget process but the URA did want t o make you
aware of their budget for 1986.
cc: City Manager McCown
Assistant City Manager Vargas
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RESOLUTION NO . _ _ll
Series o f 1985
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CITY OF F.:t£LEXX>D 1 OOLQR11.00
~ RENEWAL N.ri'HORITY
~. THE City of Englewood has adopted a Downtown Redevelopment
Plan (Urban Renewal Plan); and
~. pursuant to laws of the State of Colorado, an annual budget
nust be adopted by the Englewood Urban Renewal Authority board ;
IIDii, 'l'HEICEPtld!:, BE IT msx.vm by the City of Englewood Urban Renewal
~uthority as Follows:
~TTEST :
~i.Q!Ll.
Fund balance EURA
Bond issue process -debt service balance
Interest income
Englewood Parkway
Little Dry Creek
EURA Debt Service Balance
EURA ~inistration
Land ~cquisition
Floyd Real i gnment
$6 ,1 90,918.
$1,649,000.
~~000 .
$8,139,91 8.
$ 205,000.
$5,210,000 .
$1,649,000.
$ 166,513.
$ 279,600.
.LJQ~QQ..
TOT~L $7 1 810 1 113
NXPl'ED MID ~ 'l'MIS ~day of L~~ , 1985.
~~~%J!!I rt Voth
Chairman
Susan Powers
Executive D1rector
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-2-
Hot1on by: ___ J_am __ e~s~T~o~t~t~o~n----------------------·
Seconded .by: __ R_u_t_h __ Co __ l_e ________________________________________________ _
Voting in Favor: Susan Van Dyke, Robert Voth, Ruth Cole, Robert Mcintyre,
Melvin Minnick, James Totton, Betty Keena
Voting in Opposition: None
Members ~sent: _____ N~o_n_e ____________________________________________________ ___
Members ~staining: ___ N_o_n_e ________________ _
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ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS
Regular Meeting
September 25. 1985
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I. Call to Order
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ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS
Regular Meeting
September 25, 1985
The Regular Meeting of the Englewood Housing Authority was called to
order at 6:45p.m., September 25, 1985, at Simon Center, 3333 South
Lincoln Street, Englewood, Colorado, 80110.
I I. Ro 11 Ca 11
Members Present:
Members Absent:
Also Present:
Thomas J. Burns, Chairman
Elizabeth R. Beier, Vice Chairman
Valerie Lash, Commissioner
Beverly J. Bradshaw, Commissioner
Norleen Palmer, Commissioner
None
Alan M. Feinstein, Executive Director
Mary Ryan, Housing Division
Charlotte Pritchard, Recording Secretary
III. Reading and Approval of Minutes from August 28, 1g35
MOTION
BEVERLY J. BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF
THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD ON
AUGUST 28, 1985, AS SUBMITTED. VALERIE LASH SECONDED THE MOTION.
Ayes: Burns, Beier, Bradshaw, Lash, Palmer
Nays: Non e
The Chairman declared the motion carried.
IV. Visitors
There were no visitors scheduled or present at this meeting.
V. Director's Report
Mr. Feinstein informed the Board of Commissioners that staff is currently
purging the wait ing lists for Simon Center, Public Housing and Section 8
Existing .
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tNult WUUU HUU~!Nu AUTHUKI TY
BOARD OF COMMISSIONERS MEETING
SEP TEMBER 25 , 1985
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VI. Discussion Items , Moti ons and Re s olut i ons
A. Resolution to Wri t e Of f Tenant's Accounts Receivable
PAGE TWO
These amounts were an FY84 audit adjustment carri ed forward into
1985 on the f ee acc ountant's records . The amounts were incurred
in 1983 and 1984 and deem ed uncollectable after all efforts to collect had failed.
MOTIO N
ELIZ ABETH R. BEIE R MOVED TO APPROV E RESOL UTION NO. 9, SERIES OF 1985, TO
WRITE OF F UN COL LEC TA BLE TENA NT ACCOU NTS RECEIVABLE FOR LOW RENT PUBLIC HOUSING. VALERIE LASH SECONDED THE MOTION.
Ayes: Burns, Beier, Bradshaw, Lash, Palmer
Nays: None
The Chairman declared the motio n carried .
B. Resolution to Appro ve FY85 Budge t Re vis ion for Publi c Housing Operating Budget.
MOTION
IT WAS ~lOVED BY BEVERLY J. BRADSHAW THAT RES OLUTION NO. 10, SERIES OF 1985,
PUBLIC HOUSING PROJECT NO. C048-2, C0 48 -3 , REVISED OPERATING BUDGET FOR FISCAL
YEAR ENDING DECEMBER 31, 1985, BE APPR OVED. VALER I E LASH SECONDED THE MOTION.
Ayes : Burns , Beier, Bradshaw, Lash, Palme r
Nays : None
The Chairman declared the motion carried.
C. Motion to Approve FY85 Simon Ce nter Operating Budget
MOT IO N
BEVERLY J. BRADSHAW MOVED TO APPROVE THE FY85 SI MON CENTER OPERATING BUDGE T. VALERIE LASH SECONDED THE MOTION.
Ayes: Burns, Beier, Bradshaw, Lash, Palmer
Nays: None
The Chairman declared the motion carried.
D. Motion to Approve FY85 Section 8 Existing Operating Bu dg et
MOTION
IT WAS MOVED BY VALERIE LASH TO APPROVE THE FY85 SECT IO N 8 EXI STING OPERATING
BUDGET. BEVERLY J. BRADSHAW SECONDED THE MOTION.
Ayes: Burns, Beier, Bradshaw, Lash, Palmer
Nays: None
The Chairman declared the motion carried.
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ENGLEWOOD HO USI NG AUTHO RITY
BOAR D OF COMMISSIONERS MEET ING
SEPTEMBER 25, 19 85 PAGE THREE
E. Update and Status of 3317 South Pearl
Discussion ensued regarding students from the Alternative High
School carpentry and masonery classes possibly providing free
labor to accomplish the demolition at 3317 S. Pearl. The Board
of Commissioners questioned insurance coverage and parental per-
mission for these students while performing the demolition work,
options available to the EHA for use of this property once demo-
lition was completed, and the legality of the EHA razing this
building.
Due to the numerous questions raised by the Commissioners con-
cerning this item, a decis ion was postponed until more informa-
tion was gathered by the Executive Director.
F. Request to Ope n FY84 CDBG Funds for City-Wide Use.
MOTION
VALERIE LASH MOVED TO MAKE FY84 CDBG FUNDS FOR REHAB GRANT AND LOAN PROGRAM
AVAILABLE TO OTHER ELIGIBLE APPLICANTS RESIDING WITHIN THE CITY OF ENGLEWOOD.
ELIZABETH R. BEIER SECONDED THE MOTION.
Ayes:
Nays:
Burns, Beier, Bradshaw, Lash, Palmer
None
The Chairman declared the motion carried.
G. Proposed Change to Rehab Grant Procedure
Commissioner Beier requested information on the number of families
still in the seven hom es which were rehabbed for under $2000 and
how many have left out of all rehab grantees. The Executive Director
stated he would furnish this information at the next meeting.
MOTION
ELIZABETH R. BEIER MOVED TO CHANGE THE EHA'S GRANT PROCEDURE TO MATCH THE CON-
TRACT REQUIREMENTS OF THE COLORADO DIVISION OF HOUSING WHICH REQUIRES THAT A
FIVE-YEAR DECLINING LIEN BE RECORDED ONLY ON GRANT AMOUNTS WHICH EXCEED $2000.
VALERIE LASH SECONDED lHE MOTION.
Ayes:
Nays:
Burns, Be ier , Brad shaw , La s h, Palmer
None
The Chairman declared the motion carried.
H. Request for Fo r ec losure on Rehab Loan No. 106
Discussion ensued regarding who the first mortgagee on this property
is, what the amount of the first mortgage is, what position the EHA
is in as a mortgagee, who should be used as the EHA's attorney in
this matter, and how the EHA could utilize this property if acquired
through the foreclosure process. No motion wa s passed. A directive
wa s given to the Executive Dire c tor to seek more information on this
situation and present the findings at the October meeting.
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ENGLEWO OD HO US IN G AUTHORITY
BOARD OF COM~ISSIONER S MEE TING
SEPTEMB ER 25 , 19 85 PAGE FOUR
I. Request to Open One-Bedroom Waiting List
MOTION
VALERIE LASH MOVED TO REOPEN THE ONE-BEDROOM WAITING LIST FOR ORCHARD PLACE
AND SIMON CENTER. NORLEEN PALMER SECONDED THE MOTION.
Ayes:
Nays:
VII.
Burns, Beier, Bradshaw, Lash, Palmer
None
The Chairman declared the motion carried.
Financial Report
I t was requ est ed that rental income be broken out from interest income
on the finan ci al reports.
Di s cus s ion ens ued regarding Affiliated National Bank of Englewood's
participa t ion /nonparticipation in the EHA rehab loan program. The
Exec ut ive Di r ec t or was asked to communicate with AFNB to clarify this
s ituation .
VIII. Con s ent Ag enda
The Exe c uti ve Di r ector informed the Board of Commissioners of HUD's
requirements r egarding in su ran c e of depositary amounts greater than
$10 0 ,000 .
Th e Execut i ve Di re ctor informed the Board of Commissioners about CHFA's
pro pose d program to offer reposse ss ed CHFA homes to housing authorities
at below c ost, rehabbed, for sale or rent by the housing authorities.
The Executiv e Di rector recommended the setting up of a non-profit
co r poration to do thi s i f th is t y pe of program was desired in the future.
The ex pense to se t up t hi s non-pr ofit corporation, estimated at approxi-
mat ely $9 00 was disc ussed . The cost t o the housing authority of the
repossessed homes and which homes CH FA was off ering were questioned by
the Commissione r s .
Request for Maintenanc e Supervisor, Frank E. McCoumb to attend the NAHRO
Maint~nance Workshop i n Bi llin gs .
MOTION
IT AS MO ED BY BEVERLY J. BRA DSHA W TO APPROVE THE ATTE NDA NCE OF FRAN K E. MC COUMB
AT THE NAHRO MAINTENANCE WORKS HOP IN BILLINGS, MO NTANA . VALERIE LA SH SECONDED
THE ~lOTIO L
Ay es:
Nays:
Burns, B~ier, Brad shaw, Las h , Palmer
None
The Ch ai rma n dec lared th e moti on car r ied.
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EflGL EWO OD HOU SI NG AUTHORITY
Bu ARD OF COM MISSIONE RS MEE TING
SE PTEM BER 25 , 19 85
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PAGE FIVE
The Executive Dire c tor informed the Board of Commissioners of the
receipt of earnest money on 2754 South Elati, an ARRP unit. An up-
date on the interest expressed on other ARRP units was given to the
Board of Commissioners. Advertising for the ARRP units wa s discussed.
Th e Department of Housing and Urban Development's policy regarding
pet s was discussed briefly. The Pet Policy will be included in the
agenda for the October meeting.
The Executive Director asked to be a l lowed to attend the NAHRO Nati onal
Conference to be held in Miam i Beach, Florida, on October 13 through 17
1985.
MOTION
IT WAS MOVED BY ELIZABETH R. BEIER TO APPROVE THE ATTENDANCE OF THE EXECUTIVE
DIRECTOR AT THE NAHRO NATIONAL CONFERENCE TO BE HELD IN MIAMI BEACH, FLORIDA,
ON OCTOBER 13 THROUGH 17, 1985. BEVERLY J. BRADSHAW SECONDED THE MOTION.
Aye s: Burns, Beier, Bradshaw, Lash, Palmer
Nays: None
The Chairman declared the motion carried.
IX. Commissioner's Choice
The mobi le ho me parks along the west side of the 2900 -3000 block of
South Santa Fe were brought up for discussion by Commissioner Bradshaw.
Commissioner Bradshaw would like to find out what the EHA could do
about these mobile home parks (i.e. excessive rents charged, poor condition
of mobile homes). Further discussion concerned working with other agencies
to improve lines of communication in order to more effectively aid low-
income pers on s seeking housing in Englewood.
MOTION
IT WAS MO VED BY NORLEEN PALMER THAT THE REGULAR MEETING OF THE ENGL EWOOD HOUSING
AUTHORITY BOARD OF COMMISSIONERS HELD SEPTEMBER 25, 1985, BE ADJOURNED.
VALERIE LA SH SECONDED THE MOTION.
Aye s: Burns, Beier, Bradshaw, Lash, Pal mer
Nays : None
The Chairman dec lared the motion carried .
The Regular meeting of the Englewood Housi ng Authority Board of Co111nissioners
was a djourned at 8:15 p.m. on September 25, 1985.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
MINUTES
October 22, 1985
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to
order by Chairman Steel at 7:00 p.m.
Members present: Beier, C&rson, Gourdin, Mesa, Allen, Steel.
Members absent: Barbre, Magnuson.
Also present: Dorothy A. Romans, Assistant Director of Community
Development -Planning
Susan T. King, Senior Planner
Chairman Steel declared a quorum of the Commission in attendance.
II . APPROVAL OF THE MINUTES.
Beier moved:
Allen seconded: The Minutes of October 8, 1985 be approved as written.
AY ES: Carson, Gourdin, Mesa, Allen and Steel
NAYS : None
ABSTAIN: Beier
ABSENT: Barbre, Ma gnuson.
The Chairman declared the Minutes of October 8, 1985, were approved, and asked
that the Agenda be c hanged to reflect the Case Number for General Iron Works
to be 824-85 , and the numbers changed on the Continued Public Hearing for
the Tidwell property to (~85 for the Planned Development and ~85 for the
Subdivision.
III. GENE RAL IRON WORKS FINAL SUBDIVISION PLAT. Case 1124-85 .
Carson moved:
Al len seconded: That the Final Plat for the General Iron Works Subdivision be
approved as submitted.
Mr. Steel asked what was going to be done with the fence. Mrs. Romans said
there was a letter in the packet stating that the fence would be completed
by the end of the year.
AYES: Beier, Carson, Gourdin, Mesa, Allen, Steel.
NAYS: None.
ABSENT: Barbre, Magnuson.
Hr. Steel said the Final Plat would be forwarded to City Council with a
recommendation of approval from the Planning Commission •
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PUBLIC HEARING (CONTINUED FROM OCTOBER 8, 1985.
East side of 4800 block of South Decatur Street.
Carson moved:
#18-85 -PLANNED DEVELOPMENT.
i~,-85 -SUBDIVISION.
Beier seconded: Cases #29-85 and 30-85 be reopened for Public Rearing .
AYES: Beier, Carson, Gourdin, Mesa, Allen, Stoel.
NAYS: None.
ABSENT: Magnuson, Barbre.
The Chairman asked if the agent for t he applican t ~•as prese nt . The Ch airman
ruled that it was unnecessary for the agent, Mr. Anthony Gengaro of A.
Gengaro and Associates, 155 South Madison, Suite 300, Denver, to be sw o rn
in for testimony, because he had been sworn in at the previous meeting.
Mr. Gengaro showed slides of the land concerned in the Hearing and the
adjacent area. He and the owners, Mr. and Mrs. Tidwell, are proposing to
construct 12 units with zero lot lines and side patios, and the development
would be in the Campus mode. He said there would he adequate open
space, five times the required parking, and the density of the development
would be well below what is permitted. There will be one car garages, and
the homes will be one floor in the front, with from one-and-one-half to two
stories in the rear.
Mr. Gengaro submitted Exhibit A, a booklet describin~ the proposed development.
Exhibits B, C, and D were final complete plans.
Mr. Beier asked who would maintain the property in the front. Mr. Gengaro
stated that the Homeowners' Association will maintain the front of the
homes , the street and general open spaces; water and irrigation will also be
the responsibility of the Homeowners' Association. The street will be
private.
Mr. Allen asked if there is ac cess to water and sewe r. Mr. Gengaro said there
i s access , which will be extended into the development from South Decatur
Street . Mr. Gengaro will build a storm drainage system draining into a fifteen
inch abandoned irrigation di t ch in Decatur. This is owned by the City and the
City has approve d its use.
Mr. Steel asked what the price range for the hom s "ould be. Mr. Ge nga ro said
they would be in the low to mid 70's. The Homeowners' Association fees should
be about $45 for everything but snow removal.
Mr. Stoel comme nted that the presentation had been very thorough. He asked if
there were any further speakers.
Mrs. Romans stated that the staff is anxious to see the.project completed.
She said that the owners have lived in the area for a number of years and are
interested in constructing a quality development. She said that the staff
felt that Mr. Ge ngaro represented his client aggress ively and well and deserves
conmendation as a responsible agent.
Ca -son moved:
Beier seconded: The Public Hearing in Cases #29-P5 and #30-85 be closed.
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AYES: Beier, Carson, Gou rdin, Mesa, Allen, Stoel.
NAYS: None.
ABSENT: Barbre, Magnuson.
The Chairman declared the Public Hearing closed.
Carson moved:
Mesa seconded: That the Planned Development for Case #29-85, and the Subdivision
for Case #30-85, be approved and referred to Council .
Mr. Beier noted that the presentation and documents submitted for this case
were very clear and complete. Mr . Stoel said the developer made the Commission's job much easier.
AYES: Beier, Carson, Gourdin, Mesa, Allen, Stoel.
NAYS: None.
ABSENT: Barbre, Magnuson.
V. DESIGN REVIEW.
Mrs. Romans said that the subjec t of Design Review was mentioned at a previous
meeting, and she gave the Commission a copy of the Draft of an Ordinance made
by the Planning Commission in 1975 which Draft was forwarded to Co uncil, but
was not enacted. An ad hoc citizens committee, the Multi-Family Development
Standards Review Committee, had recommended the Design Review Ordinance to the
Commission. The Standards were not intended to apply to sing le-family
residences, but to multi-family residence, business and industrial areas.
The intent was that a committee of qualified people would review development
for the City. In 1982 similar guidelines were developed for a Design Review
Committee for the Downtown Redevelopment Area. When the District was not
enacted, the Design Review Committee was not put into place.
Mrs . Romans stated that Mary Alice Rothweiler contac ted other ci ties to
find out wh at they are doing about design review, and most of them are to send
their regul ations to us. A copy of the survey was given to the Commission,
but inasmuch as it did not contain specific guidelines, it was suggested having
a study session when the information is received from other cities.
Mr. Stoel asked why the ordinance was not enac ted in 1975 . Mrs. Roma ns said
that she believed it was partially because it was not sufficiently clear that
single-family houses would not be involved in the design review. There was
also a concern that it would add another layer to government regulation.
Mrs. Romans described some recently submitted plans for a purple store front on
South Broadway, and said there are frequently submittals which would detract
from developments. She said there is some control of design in the 33, 34,
and 35 hundred blocks on South Broadway when buildings are being remodeled.
Mr. Stoel asked if a review system would b e beneficial. Mrs. Roma ns said, in
her opinion, it would if the people serving on the review committee were qualified
and if there were clear guidelines.
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Mr. Beier asked if the Planned Development submittals would not offer the
same powers. Mrs. Romans said that it does not address materials or color.
Mrs. Romans showed some pictures which owners had considered for development,
which could detract from the Downtown redevelopment.
Mr. Allen said that stores and developments should not all look the same. He
said that Littleton's process adds expense and difficulty to building in the
City. He said that, in his opinion, Design Review Committees destroy personal
imagination and initiative, and should be closely limited.
Mr. Stoel noted the steel building near K-Mart which is wrong for the
neighborhood, and asked for further information on a Review System. Mr.
Gourdin noted that Swedish Hospital meets no guidelines. Mrs. Romans said
Sweidsh Hospital has to meet Building, Fire and Zoning Codes.
VI. FINDINGS OF FACT.
Amendment to the Broadway Planned Development. CASE /128-85.
Carson moved:
Allen seconded: The Findings of Fact concerning Case /128-85, an amendment to
the Broadway Planned Development, be approved as written.
AYES: Beier, Carson, Gourdin, Mesa, Allen, and Stoel.
NAYS: None.
ABSENT: Barbre, Magnuson.
The Chairman declared the Findings of Fact were approved.
VII. DIRECTOR'S CHOICE.
Mrs. Romans noted an APA Conference to be held on November 14 and 15 at
Keystone. She asked if any of the members could attend, and asked them to
let her know so reservations could be made. Mr. Allen, Mr. Beier, Mr. Gourdin
and Mr. Me sa expressed interest.
}Irs. Romans said that Council had not yet appointed a replacement for Mr.
McBrayer. She noted the 16th Annual Parade will be held on November 2, and
asked if anyone would like to participate in the Parade. The theme will be
"A Salute to Broadway". Burt on Broadway, Colorado Disposal, Inc., and
Chasewood are giving $100 awards for the best marching unit, youngest marching
unit and best commercial entry, respectively.
IX. COMMISSION'S CHOICE.
Mr. Beier stated City Council will hold a Public Hearing on the Marks on
October 28, 1985.
Mr. Allen discussed his continuing interest in recycling and the disposal of
trash. Mr. Beier noted that Forbes Magazine has run a recent article on the
subject. Mrs. Romans said the City Manager was following through on the
proposed study of trash issue.
There was some discussion shout areas to be annexed. Mr. Carson noted, in
discussing advantages of annexation, the City water is cheaper than other
sources, and Mr. Al l en stated that well water is easily condemned •
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Mr. Steel noted that Item 12 of the Planning Commission's Goals is a review
of the handbook, and he asked what this would entail. Mrs . Romans said this
would be to update obsolete information, and that the staff and the City
Attorney would review the handbook and refer it to the Commission.
The meeting adjourned at 8:10 p.m.
Sheryl R&USSeS, Recording Secretary
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ORDINAN::E NO. 1/
SERIES OF 198_5_
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BY AUTHORITY
COUNCIL BILL NO. 75
INTRODOCED BY COUOCIL
MEMBER BRADSHAW
AN ORDINAOCE AMENDING TITLE 7, CHAPI'ER 6, ARTICLE E, SEC!' ION 6, OF
THE ENGLEWOOD MUNICIPAL CODE 1985 TO CtARIFY CURFEW HOURS.
WHEREAS, the Englewood Municipal Code 1985 now provides for
curfew hours for minors to twelve o'clock p.m. and City Oouncil
desires to clarify this time;
NCM, 'IliEREFORE, BE IT ORDAINED BY '!liE CITY COUOCIL OF '!liE
CITY OF ENGLEWOOD, COLORAOO, 'Il!AT:
Section 1. Title 7, Chapter 6, Article E, Section 6, of the
Englewood Mun!Cipal Code 1985 is hereby amended to read as follows:
A. It shall be unlawful for any child under the age of
eighteen (18) years to be or remain upon any street,
alley or other public place subsequent to the hour of
eleven o'clock (11:00) p.m. or prior to the hour of five
o'clock (5:00) a.m., e.xcept for lawful employment or
unless there e.xists a reasonable necessity therefor, or,
unless such child is accompanied by the parent, guardian
or other person over twenty-one (21) years of age having
the permission of the parent or guardian to have the
custody and care of such child, or by any person between
the ages of eighteen (18) and twenty-one (21) years hav-
ing in his possession written permission from the parent
or guardian to have the care or custody of such child;
provided that on Friday and Saturday nights, the curfew
hour for said children shall be extended to twelve
o'clock (12 :00 ) ~T A.M. (MIDNIGHT).
B. It shall be unlawful for any parent, guardian or other
person having care or custody of any child under the age
of eighteen (18) years to allow or permit any such child
to be or remain upon any street, alley or other public
place subsequent to the hour of eleven o'clock (11:00)
p.m. or prior to the hour of five o'clock (5:00) a.m.
e.xcept for lawful employment or unless there e.xists a
reasonable necessity therefor; or unless such child is
accompanied by the parent or guardian or other person
over the age of twenty-one (21) years having permission
of the parent or guardian to have the custody and care of
such child; or by any person between the ages of eighteen
(18) and twenty-one (21) years having permission of the
parent or guardian to have the custody and care of such
child; or by any person between the ages of eighteen (18)
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and twenty-one (21) years having in his possession
written permission from the parent or guardian to have
the care or custody of such child; provided that on
Friday and Saturday nights, the curfew hour for said
children shall be extended to the hour of twelve o'clock
(12:00) ~~A.M. (MIDNIGHT).
Introduced, read in full, amended and passed on first reading
as amended on the 4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading on the 18th day of
November, 1985.
Published by title as Ordinance No. 1/, Series of 1985, on
the 20th day of November, 1985.
Attest: F>.lgene L. otis, Mayor
ex officio C1ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of the Ordinance passed on
final reading and published by title as Ordinance No • ...!LL_, Series
of 1985.
Gary R. H1gbee
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ORDINAN.:E 00.~
SERIES OF 1985
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BY AUTHORITY
COUNCIL BILL NO. 84
INTROOOCEO BY COUOCIL
MFMBER VAN DYKE
AN OROINAN:E APPROVING AN AGREEMFNI' BE'IWEEN THE CITY OF ENGLFl'lOOD,
COLORADO, AND THE ARAPAHOE LIBRARY DISTRICT FOR RD:IPROCAL
BORR<MING SERVICES.
WHEREAS, annually the City Oouncil has adopted an agreement
between the City of Englewood and the Arapahoe Library District for
reciprocal borrowing services for residents of the two library
districts involved; and
WHEREAS, the Agreement also addresses the continuation of the
Arapahoe Public Access to Libraries (APAL) Fund wh i ch implements
cooperative projects for the joint purchase of services and
infoonation resources for the four APAL member agencies, i.e.,
Englewood Public Library, Littleton Public Library, Aurora Public
Library and Arapahoe Li brary District;
NCM, THEREFORE, BE IT ORL\\INED BY THE CITY COUNCIL OF THE
CITY OF ENGLFl'lOOD, COLORADO, AS FOLLOWS:
Section 1. 'nle Agreement between the City of Englewood,
Oolorado, ai1<3the Ar apahoe Library District, entitled "Agreement
for Library Services," is hereby approved. A copy of said
Agreement is attached hereto and incorporated herein by reference.
Section 2. 'nle Mayor and ex officio City Clerk-Treasurer are
hereby authonzed to sign and attest said agreement for and on
behalf of t he City Oouncil and the City of Englewood.
Introduced , read in full , and passed on first reading on the
4th day of November, 1985 .
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading on the 18th day of
November, 1985.
Publ ished by title as Ordinance No. __ ,
the 20th day of November, 1985 .
Attest :
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. __ , Series of 1985.
Gary R. H1gbee
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ORDINAOCE 00 • ..1:2._
SERIES OF 1985
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BY AUTHORITY
COUNCIL BILL 00. 86
Itn'RODOCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINAOCE APPROVING A BU':l SHELTER AGREfMEm' BE'IWEEN THE CITY OF
ENGLEUOOO, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT FOR A
BUS SHELTER ON THE NORTIMEST CORNER OF ENGLH'IOOD PARKWAY AND SOUTH
J\C<X1A STREET.
WHEREAS, as part of the Downtown Redevelopnent Plan, a bus
shelter: has been planned on the northwest corner: of Englewood
Parkway and South Acana Street lotlich will serve riders using both
the 0 and Jlbnber: 12 buses and any other: buses lotlich may in the
future serve this area; and
WHEREAS, the Regional Transportation District has agreed to
the i nstallation of a bronze passenger: shelter: that will be in
harmony with the street furniture being installed in the redevelop-
ment area;
Na>J, THEREFORE, BE IT ORDA.INED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
Section 1. 'Itlat the agreement between the City of Englewood
and Regional Transportation District entitled "Qls Passenger:
Shelter: Bus Route Information Agreement" is hereby approved, a copy
of which Agreement is attached hereto and incorporated herein by
reference.
Section 2. 'Itlat the Mayor and ex officio City Clerk-Treasurer
are aUThonzed to sign and attest said Agreement for: and on behalf
of City Council and the City of Eng l ewood.
Introduced, read in full, and passed on first reading on the
4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading on the 18th day of
November , 1985.
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Published by title as Ord i nance No. 1.J , Series of 1985, on the 20th day of Novembe r , 1985.
Attest:
fugene L. Otls, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of the Ordinance passed on
final reading and published by title as Ordinance No • ...z;Q__, Series of 1985 .
Gary R. Higbee
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BY AUTHORITY
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COUNCIL BILL NO. 87
INTRODUCED BY COUNCIL
MAYOR OTIS
A\ n ROINA~CE RE PFALING AND REENACTING CHAPTER ~ OF TITLf 4t
~ GLEYOOD ~UNICIPAL COD[ l9 85 t RELATING TO SALES AND USE TAX.
WHE h EA S , th ~ Colorado G en~r a l Assembly adooted H.~. 1 00 7t th e
•:Les t a ~ simPlific a tion b1llt during the l9R5 session; and
wHF ~E AS, th~ City of Fnolewood, as ~ hom ~ rule mun1c1oality,
~~5 t ~~ in co~oli~nce with the provisions of H.B. 1007;
~Q~~-l~[EEF ORE , Bf IT ORD AINE D AY THE C ITY COUNCIL OF THE
C ITY CF E~E L EWOOO , COLO~ADO, THAT:
~~ct ion ·• Chaotor 4 of Title 4, [nq l '-wnod 1'1unic1oal Code ~~~s . 1s-hc~cl.y repealed anJ r~enactP d to re ad as follows:
4 -4-1 : Au MINISTRAT I ON OF TAX: The adm inistration of all the
p r o visi ons of this Ch ap ter is hereby v es ted in th~
r ;r ~ctc r of F inanc e , w ~o sha ll. with the aooroval of the City
"<~nacP r. prescribe for Ms an r ~d sono~ble rules and regulation s i n
con fcr~;t y with this Chapt e r f ~r t he makino of returns, for the
~s c e rt a irT e nt , a ss e•s~!nt ~nd cnllect1on of the taKes imposea
r •r eunoe r, a nd for t~~ p ro o~r ~dm 1n1str a tion and ~~forcem~nt
h ~re o t, d c :>ry of wh ich f o rrrs, rul-..s rt nd r e{lu l a t1ons shrtll be
~ode avollobl~ to th ~ public.
C ITY
DEF INITI ONS : Wh ~ u s~d in this C ~3oter , the follow1n ~
~<J rd s a nd prrases Sh d ll ha ve th e follow1~g meanin ns ,
unl •ss fro"' th e r.o nt :xt i ~ clearly apoears that a
0 ittere nt ~ea nino is indi c d~e~:
Clty o f Fn .le~ooo d
~I R EC T ~R OF FINANCE
Ck r rRf:Cl:J R Th oe r ~on duly aoooirte~ to that office by
th e City ~a na o e r. Th a term shall inclu oe
1n y des 1 q ~re o f t h e Di rector.
t-URCHA~f PRJ('(
Thu tot c<l Jrtount re cei ved il" money, cr erl it ~.
orop ~rty o r oth~r conR1rlerat1on. valu~~ In
rrJn Ly f o r the total s a l~s at retail ~ade cr
r.e l1v trej u y the retlilar within h~ City
~urin< v ri r eoo rt1n q ~e r1od.
1h ~ r r icu •o th e consumur, eKclusiv~ o f a nY
r 1rect td• i"loo~ed b y thr! F~d!'ral
•:c lfcrn.,e nt • h y th-e '>t 1t '! of Color a do . or t~>·
thi~ ('h,ot ~r. Tn tht> C :l se of all ret ~H
s :l es i n'J ~'l vir q the ~~chang~ of oroo e .-tv,
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~ L IGI O U ~. CH AR I-
TA g LE ~R fLEEMOS Y-
1\ARY lN S 11 TU T IO N
i\r:H JL 'ALE
Rf HI Lf R
S AL ': ,,. ~Alf AIIIO
Pu~ChASf
TANG i b l E PE RSON AL
!·RO PER TV
TAX
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t~' ou r ch a se o rice of t~e oroperty receive d
in th e eKchang e s h a ll be th e total valu e of
un y p r operty e xch a n g e d therefor, whic h is t o
oc he l d f o r r e s a l e o or for lease, by th e
ethe r o a r ty .
~ny inst i tut i o n which is a charit a ble
instit uti on e xe mpt fr o m income taxation
under t h ~ I n te rnal Revenue Act of the Unit ed
'>t a t ·~s .
Ev e ry S d l e , as h e r e in de fined, made or
ri ~Liv c r cd wi thi n th e o ound~ri e s of the City
e•ce o t a sa le to a ourchaser, other than t o
th e cons u m~r or us e r o f the oroperty soldo
w ~o int~nds to resell o r to l e ase the s a me
t J th ! use r o r con s u m ~r.
An y o!r son mak i ng a r ~t a il s a l e .
A s 0 Le or e xc ~ange o f an y typ e , i n clu d in g ~
s J l e f o r c c sh . a n insta llment o r credi t
·~Lc, an ~xch ~noe and a ny oth e r tr a nsactio n
w h ~rP ~y th P t i t l e o r P Os ses s ion of tan g ibl e
o e r so n " l o roo e r t y • a s t IJ at t e r m i s h e re 1 n
~e f i n e d • i s ass i g ne d o r tr a nsf e rr e d,
ro~d iti n n a l ly o r ath e rwis~. for a
c onsioer~tion of a ny n a tur ~.
Co r po re J l ne r sona l pr o p e rty of all ty or s,
lnclu ri ino , wi tho ut li ~itation, el e ctrical
~~e ray, a •~ o r te l ep h o n e , tel eg ra o h an d
c ;bl ~ te l ~v tsio~ se rv i c e s a n d the s a l e o r
Turni sh in a of ste~m o r o t h er hea t. Th-te r m
~h ll not . ho we v e r. i nc lu d e n e wso 3 oers o r
~~u ~7i~es . a s de fi ned by s e c ti on 2 4-7 0 -102 c .rt .s .
t i th r h e a t~~ouf'l t r CQ..Ji reo to be Di.!id by a
t 'X:."il y '?r uro,... tf)e S d l ~. ourch <J sr. or us!' of
~n it ~" o f t 3 ~nibl~ o•r s onal oroparty or t ~
~aa r~n ~t· !mount cf mrnies coll~c t e d hy a
r et -il ar uo on which such retailer 1s
o~l1 qa t ert to ~ccount to th ~ D1rector of
F i n ,l ncc .
€it.,'.!r th• oe rson obl1 :l~t ed to pay th e tax
l .vie d b y n i s Ch a oter , or th~ pe r son
o r li 'Jate::: to collect a no a cc ount fo r t ~e
s ·~f' o tn -: "li r ~ctor o f Fin :~nc!'o
'o -'+-:3 : P llf..POSf OF TAYo The rity
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C~u ncll h r r en y declar•s t~at the purpose of the levy of
the t ~x r.s l~ocsed b y t h is Chaot~r Is for the raisin9 of funds for
ua y~tnt c f t~~ gene r a l oocrutln q exp e nses o f the City and for
c aoita l im r r o v~rr.ent s ; orovided, however, that all of those
r ~v en u et d~rived on the use, consu~ot1on or storage of those
it tr s cort 2 tned in Se ction 4-4-~-3 8 of this Chapter, dealin g with
~otor v r.hicles , trailers or semi-trailers, building ~aterials and
su pp li d s , sh~ll be seq r eo~ted , held 3part and deposited into a ~eD 3 ra t~ c a oita l im o rov o~cnt a ccount 3nd shall be used solely t o
tunc a n; fln ~nce th e c c.o ital l~orovements of the City.
4-4-4-1 :
SL LES TAX IMr OSEO ;
TA XAALr. ITEMS: Th~re shall be collected and oaid as a
t 'x the a~ounts st a te d in Section ~-~-~-2 upon the
1cllowlrq:
d . Ln tn p p urch asr p ric n pa i d or charae d uoon all retail sal e s
nc ou rch as~s of t a n ?ihl e oersonal orooerty within the
.cu ndvries o f the City, including deli very within the
~cu nd a ries of the City.
~. Uoo n the J~o u nt o~1a f o r &ll meals, Including cover
c~~r cPs , tf an y, fur n i s h eo in a ny r es taurant, eating hous e ,
h o t •l• druAst c r~. cluo, r 0 •ort or such place at which Meats
?r f oon dre so l d tc t ~P uu~lic.
C. Uocn t~~ rent a l t ~~. o ric P o o r oth ~r consideration oaid or
r cc~i v!d for tr• r cn t 3 l o r Lease o f J ny roo~, rooms, o r
mo ~il P home f e r l orl1in~ ou ro os?s in e ny establishMPnt
m ~kin ~ such avall ~h l ! t o the o ub l1c.
,:,ALES TA X L':VY:
T ···r l! ls hr r eby i "'oo~e<' uoon all sa l e s of 3ll itrms
soecitied tn ~~ctlon 4-4-4 -1 ~bovc, within the boundaries
or the Cit y, u t ~w 1 accn ro an ce wit~ thP following
s c rcaule :
J .CI 1ncl •Jd1n ·
1 ol 'l 1nc lu d1n ·'
• 52 1 nc Luiint'
.8" incltJdino
'\ o l P. .. • '5 1
• • P,4
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'llo Taw
$ • ) 1
~ • 02
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l'l s . l -:s ;, c xc"ss of on a n ol l ~r CU.~ c ) th~ tu shall b e
thr ~F cents I ~.J3 > on e3ch full oll 1 r of the salos o ric•,
olt.s tre t c x s '"o w, in th e 'l b :>v e schedule for thf" aool icabl ".'
t-,ct i,nal Ddrt Gf 1 do ll d r o f ~~ch ~urh sales orice.
1 " · i o ll ~w1 nc t c xes _r ,. n,.r 'b y l c v1 rd uuo n th e rental f ee ,
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"' ''', t•r <'t h ,•r cc·ns i der c.t i on oa i d o r received, upon the
ro ·o ·t •l o r leilse o f any ro or":, r ooms or mobile homes f o r
l ~c •lir.·: purpo scs in any hotel , motel, lodq e , resort, club,
r ocMin •: house, il ~Jartm~nt b uilding or other establish me nt•
m .• k1no s uc h rooms ~v ailab l e to the publico where the oeriod
ot l o oo1ng f o r whic h such rent a l fee, orice or other
corsioer ation is PJfd or received shall be less than thirty
lj :> d ;ys. Those taxP.s he re by l~vied are:
1. l n~ sales tax £~t forth in the preceding paragraph A
n •rP ot levied 1n 1cccrdance with the schedule as is set
f o rt r the rein.
•• Twe percent l ?~l of the cost of the rental f ee , price,
c r oth ~r c onsideratio n pJio o r rec e ived for th e lodgin g o~
·~·ch full do ll ar o f sa i ci r ent 1l f ef'o
lh · ;.!'rson , nc~rtn :'r ~h 1o, corpo r a ti o n, or oth e r entity mal:-
i rr. ~uch roo-s a v3fl ab le sha ll, for al l ourooses of this
C t:.r .t ~r, b e d'!el'leo t o be a "retailer" as defined in S ec t i o ~
4 -q -2 of this f h ucter .
Th e r ~t ~iler sh~ll •~d t~· t u x imposed hereto to the sale
o r c h •roe of t~r item s ol o . sho wing such tax as a separate
a r c oistinct it e~. ana , ~ en ~ddedo such tax shall
c o rstitute a part of such P ric e or c harge , shall be a deb ~ frc~ t~e ou rc ~3se r to th e ret ai l e r until paio, and sh a ll be
r ~coverab le ~t l a w in th e s~~e mann~r as oth e r debts.
Fer t r ~nsactions con~umm ~ted o~ or afte r January 1 0 19 86 0 tr" City •s sales t a x s'>all r t J PIJly t'J the Sil l e of
t.H~ i1hLP pers o n3l urope rtv a t r e t ail o r the furn1sh1nq of
s rvic <'s if the t r •~s:Jction wa s previously subjected to a
S l lf's o r use tax prooerly _.n~ p r oportionate ly im posed on
t~ p urc~aser o r user b y i'lnother stat u tory or ho .. • rul e
m rici ~ality eoual to o r in ~•cess of t hr•e oercent C !~l.
~ t re rti t sh a ll be g r·~t~o ~'R inst thr t ity•s sales t a x wi th
r ·scect to suc h tr.JnSdCti nn •qua l in a ~ount to the l a wfully
i ~cos e ~ l o c a l S3 l s o r u ~c t ~x pre vi ously oafd by the
n u rch a ser o r u~e r to t~e n rcvtous s t 1 tutory or home rule
muricipaltty. The 1 ~ou nt o f the cre d it shall not eKceeQ
trr ~e o ercc nt <3~>.
r yf ~PTIO~~ TO ~Alf S TAX:
.r'JiOlP oero;o n ·•l proo e r tv
ry <:~c'i o 1 4-4-4-2 ,
th ~ tollowin g cl a s s es o f
1re e we mp• fro "' the t.1 K i"'PCSe "
1 . ~o or v •h 1cl cs , tr a il n r s an~ o;em4-tr~ilers , r eg istere ~
c u ts ~n e r f th e Ci y o f [n~lewoo •
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2 . ~;l es of t ~n 9 i h l ~ persona l oropPrty wh e r e both th e
fo ll o winq con d iti ons ~xi~t :
a . Th e s~l~s a rp to p a rties who are r es idents ofo c r
uc 1n c bus in ess in, the S t ~te of Colorado, but outsirle the Cit y; a n d,
b . The a rticl e s ourchased are to be deliv e red to t he
cu rc h a se r out s i d e the City b y common carrier or by the
ror v e y a nce of t he selle r ~r by mail.
3 . S n le o f f u e l us ed for th e operation of internal
r o~bustion e nq tn es .
4 . Sd l e of mcdi c i~e . ~e di c al suoplies, orthopedic braces
~rc aoo li a nc es , u cnt a l aoo li d nces, hea ring aidso crutches.
•~'e l chairs, ny e g l asses o r other mechanical contrivance s w h ~n ~urchas ed with ~ li c~ns ed oractitioner•s written
o r ~sc ripti on.
~. ~J l ~s o f f ocd 0 r onu ct s wh ich a re to be consume d off th e
o r '~ises ot th~ V P ~dor . As us ert herein, "food" mea ns foo d
~~ic ~ is a dv e rt ised o r M a r~cted for h u ~a n consu mot ion a nd
scl d in the sa me ter m, c o n d i t i o n, qu ~ntities and oacka q in 9
a s is commonly ~o ld b y o r o cers. The term includes cereal s
~n t c e real o ro a uct s ; m il~ ~n o milk oro d ucts; meat and meat
o r cu ucts ; ti sh und fis~ pro d ucts; egcs and eqg products;
V ~fe t Hh les and v~ge t a hl e p r o d ucts: fruit and fruit
p r couc t s ; su ~a r, suq a r pr oducts a nd s ugar substitutes;
c o ff e e s and c o ff ~e •u b stitut~s ; teas. cocoa a nd cocoa
;->rc ou cts: s p i cAs , c ono i m~nts . sa lt an d oleomar oa rine. Th ..-
t r rm "f o od" dOl''> no t i~cl ude chewing g um; so1rituous ll'.t lt
~r v ino us liquor s : coc~tail mi x e s; oroor1 e tary medicines;
rcs tr ums ; loz Ln ~e .,; tonic~; vi tam ins and oth e r dietary
s t.rP l 'l'l ents; Wdt • r. '~>ine r .:~l wa e r an a carbonated wat e r
1'1 rlu•ted i r containers: 1 c~; oc t foo c's; food or rl rink
'u r n1sh~d . ornpa r ert or ~,r ve ~ f o r co nsumo tion a t tables ,
c ·.irs o r cou nte rs o r tr~~ tr a y s : nl a s ~es, dishes o r other
t ~r l r w are o r o vi ed by tha ret~ile r: o r e o a red food or drin ~
scld b y rntail r r s wh o re1u l a rly s e ll f o r consumption on or
n er r th e p re mises o f the retai l e r e v en though such f o od o r
o r1nk is sol ~ on ~ "t1k e nut" o r "t o oo " order and i ;
o ~n~a . pa ck a ~e rt c r wr~pp td a n d t ?.ke~ from the oremi ses of
thc ret a iler; ~n~ f ood or dr in~ v ~n d ed by o r thr ough
r1"cn~n•·s on b~h<Jlf of a v r.noo r •
.;. ·· ,l l's cf 1oo<1s l"'l~ufactu r ed within the City and so ld
"i r ec t ly o y the 'l''l ntlf ;~c tu r <>r t o a COl!' I'! On carrier ope rat i n rJ
ir i~trrst a t e co~·ercc as thP ult i mate c onsu,.,c r the r Po t.
'· Fe r t r ansac tio ns constJmmJted on c r afte r Janua ry l •
J C ~~. tr e r i y 's sJ l es tax sh~ll n ot a ooly to th~ su l e of
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rcrst r L :tion an~ o u il d 1n g materials, as the term is used in
~.:ct l o r 29-2 -1 J 0 , C.H.s ., 1f such mate ri a ls are p icked uo
y tn ~ ourc hase r and if the p urchaser of such materials
or :s ents to th e r e t a iler a b uildin g permit or other
tc cu~~ntation a cc eptab l e to the City evidencing that a
l0c a l use t a x h a s been o ~id or is requir~d to be paid.
-• f x tm~t Ta xpay e rs. Sa l e s to th e following classes of
t ~•nay r rs sh a ll be e x e ~pt from the t a x imoosed by this
Ch <ptc r:
1 . ~alrs to th n Un it ed S tat e s governm~nt; to the Statp of
Cc lor J do, 1t s dep a rt men t s or institutions and to the
oclitic a l subdivisions th P re o f, in their governmental
c ,na c it y on ly: in a ll sa l es t o the City; orov1dinq,
h ~w ~v er , t hat no ccmmerci~l • in d ustrial or other bankinq
il"'s t ituti on , o r'l <t nized or ch r te r ed b y th<!' United States
-u ~err~e nt, an y aoe ncy or de oartment thereof, or by the
S t et c o f Co l o r do , sha ll be considered a governmental
institut i on t o r th e p urp o s e o f this e •emption.
~. Sh l es to r e li n iouso cha r i t ab l e an d eleemosyn a ry
institutions , in the c o nauct cf their re g ular reli g ious.
c h n r itab l e an d c l ~cmosyn a ry funct ions and activities.
3 . Notn in g herein c onta i ned shall b e deemed to e xempt fr oM
the t a x levie d b y th1s Ch o ot ~r. sale s of build1n p material s
o r suop li e s t 0 be u sed by a contractor tor the
c~rs truct1on o f ~n i~u rov em ent for any of the 1nst1tut1ons
o r dgen cics en u me r ated i n su b s e ction s 1 or 2 hereof.
6 ur c ~ <f Pr o ~i ~ln q ~x e~oti o ns : D isp u t~s . Th e b urden of p ro of
tr ~t ~ny ret a il e r is exempt t r om coll e c t ino a tax upon ~n y
~o c c 5 so l d and o~yinn samo to t h e Director of F1nanceo or
fro~ mJ kinr r et ur n fo r th• s a ~e, shall be on the retail<!'r
u r cer ~u ch r e3son a bl c r~qu1r e mcnts of oroof ~~ t he Oircct r r
m3 ~ ~r e sc ribe. ~hculd a c isoute a ri se between any
oL r ch J ser and sP ller a s t~ whethe r or not a ny ret a il s a l e
i s ·x ~mo t fr om taxation h ~re u ndero the seller sh a llo
n -v e rtt->dess , colt ect an o th e DUrci-!aser sha ll pa y such tax ;
1 n c t h c s e ll e r s h ,Jll t h._. r "'uo on 1 s sue t o t he our c h a~ e r a
r cc Piot o o r CPrtific Ate , on forms orescr 1b ed by t h e
Director , showin c th e n a ~~s of the S"'ller a~d purchase r•
U -, it PII's purch J s c d, tne d <~t e , p rice, amo u nt of ta~ o<~id ,
_n c fi rr1ef s t •t e me n t ~f t he c laim of exemPtion . There-
oft ('r the purch !s e r ma y no o l y to the 1rector for a r ~fund
o • s ue• tJx e s anr ' s ~a ll then be th~ duty of the Dir e ct or
r ~ ~!t ~rmin £ hn ou•s tinn o t e x ('mPt i nn . In a ny casQ wh~r e
: h c C i ~ y r e f u n ·1 o; 1 n v • a~ · ~ , It 111 a y c" l l e c t fro 111 the
r r>t c 'l ,•r the ':i '!'ount o f t ,x•s r e taineo b y h i m as a f ee which
i~ .ttr1butatJl e t" P·~ tr .•n s.tct1on .
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4-4 -4 -4: LIC ENSE Ft R RETAILER REQUIRED:
L . lt sn ,Ll be unl il wful f o r an y o-:-rson to en g:~g e in the business
o f mak in q r e t a il sa l es . a s th~ s a me is d e fined hereino without
first r a vin g obt a ined a lic ense therefor, which license shall
ue n r Hr ted a n d 1s s u eo by th e City Licens e Officer, and shall be
i n f orr.e a n d effect until su s pended or revoked.
~ft Li ce ns e sh~ll be requir e d for any p e rson engaged exclusive l y
ir hP husines s of se llin g c ommod ities which are e•empt from
t 4 •a ticn unde r thi s ChaptP r.
~. Th ~ li cense r e ouir ed by s ubs ~ction A above shall be qranted
uno n 1P ol1cation 35 se t f o rth in Title 5o Chaoter 1 of this
C a c e.
c . T h~ Cit y o f E n g l ~w o o d shal l ma ke available to any reauestino
v ~~do r a loca tio n guide sho wi nq the boundaries of the City.
Fr r tr J n sa ct1 ons consummated e n ?r after J3nuary lt 19A6t the
r e ou es tin v endo r may r e ly on s uch location guide a nd any
upo~t e th e reof, a vail3bl e to su c h v en d o r, in determining
w h ~the r tc collect a sal~s or us e tax or both . No Penal t y
s~~ll te i "Pcsed o r a cti on f o r de ficiency ma intained against
s uch c v e neer wh o in g oo d f a ith comp li es with th e mo s t r e cent
l c c ~t icn au io e a v ai l dhle to it .
4 -4 -4 -=: I TI NE RAN T VENDORS ; R UN n~ REQ UIREM fN TS:
~ny re t1i l ~r ~h o does not i~tn n d to b• ~ctively engaged in
~c ll1 n~ f ~r a n ~ri ~d q r e&ter than th r ee 1 3 1 consecutive months,
s~~ll· o r ic r to outa 1 rinu s a i d lit e ns•o depo ~it w1th the Dir e ctor
Jf Fin~n c ~, ~ c a s h or su r ~ty bo n d in t he ~moun t of s1•ty doll~rs
c ·E~l tor the bene fit u f the rit y, i r s uc h form ~s ma y b e approve j
n y th ~ s a i c u i rect c r c t Fin~n c e , wh ich bond sh~ll be con d itio ned
uocn 'l nri !"t'Curi t y for the payl'le>nt of the-ret ;1 l salt"s tawes du e or
tc bnco~e cu e . Such r e t ~il ~r s s h a ll ma ~e re p orts of the ~mount of
t ·x .s c n ll €cteo . s~-1ll PdY the s -1 ,.e t o the City upon such for ms 3n d
i ~u c tiPe~ JS th e ~ir e ctor of ~in1nce may r e quirt". An y f ~i lur n
tr rsk~ Gu ch r•oo rt o r t o o~y an y ta w d ue at the tim e sp e c1f1e d
s -~Ll CdU~! an im~edl u t c s u soen~ion to the llc ~nse and the
f:rfeitur v of the Lo n d o cs te o .
"OO ~S ANr RECO Rr S KFP T:
t sn .lt oe the dut y of e v ery o ~r son r eo uired by provisions o f
~e cticr ~-4-~-4 to obt~in n s~l·s tax lic ens e . to kee p and o r ese rv o
~~~t ~o l ~ r e cor ds of a ll sa l es ~nd ~ b v h im, and such o ther hooks or
~cc ')~n ts ]S rn :y be nec~ssa ry to '"te ,.mlne thn a mount of t a x f o r th~
ccl l e cti on of ~~ich hr is li Jbl e h~r ~u nde r. It shall be the dutv
c .:11 ry cL c n t'"r son t a ~~cp ~nd n r esp rv-. for ,, pe ri od of three C '>
~e rs a ll inv o ices o f qoods nc ~~rch and 1s c pu rchased for res ri le,
rc u ll ~uch bo oks, invoi r"s 3n<i ot h e r recor ds shall be nnen f o r
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::•c rr i n.:.ti -;r "t a ny ti"'t ·>y thf' f)Jrector of Fina nce or his duly
'L th :ri l?c r g ~n ts.
S~L ~S TAX RET UP ~S:
~. F v ~r~ pe rson, partne rs ~lp or corporation required to obtain a s'l~s ta• lic ense oursuan t to the provisions of Section
4-4-4-4 , shall file a sales tax return, with payment of tax
owe c , 1~ ~n y, upon the standard muntcioal sales and use tax
r e oor t inr for~ d S adopted oy thP executive director of the
d eo 1 rt men t of r~v en u e o not l~ss than once every thirty
1 3 ,1 d a ys for the precedina calendar ~onth; provided, h o a ~~e ro th at if the ~ccountin y methods reqularly rmployed by th ~ lic~nsed re ta il e r in th e transaction of his business, or
c t h n r c o noitions. ~re such that reports of S3les made on a
c ;l erda r monthly t ~sis will imoose unnecessary hardship, the
Cirect c r ..,ay, uo on r r quest of said ret a iler, acceot reports
v t sLch int~rvals as will. ln his ooinion, better suit the
conv e nience cf tne taxoay e r, and will not jeop a rdize the Lol l ~ction of the t ~x; a nd, orovided further, that a retail e r no in ~ business in tw o 1 2 1 o r ~ore olaces or locations may
fil e one r eturn c o v P rln q a ll such business activities in th e c ~ • y •
F.. Th e returns so file d sha ll conta in such information as may rn ~ble the Direct o r to a ccu~at~ly determine the amount of tax
c o llecte d by th ~ oerson, p a rtn e rshto or corporation filing th ~ return, but in a ll c ase~ shall contain the followtnq inf o rm 3 tion:
1 . The ~mount of n r ~ss tax ~ol
1ur i r g the oerio d f or whic~ th ~ sa les ~ade by the retdiler
return i-s filed:
<• f'le tot a l S a l rs or1ce o f all oropf'rt y returred by the ~urch~se r as a r •sult o f ft r ~turn of qoojs sold by t~e
re •il e r; orcvi e o , thn o ri o i n3 l s 3le w s a tawabl~
t r .l n s a c t i on ;
:. Th'!' t o t .Jl
th ·~ ret 1iler
th ·! r r opert y
o r l E·.!:eo t~
tusir!'ss:
f ai r .., r~e t v .!lu e o f ilny prooe rty rec ei v ed by
as a r ns ul~ of ~n exchan g • ~f orop~rty; provi ded
so r nce iv nd i s h~ld by th• retailer to be sold
a ust r o r cor~11"'e r ln the reqular course of hi ~
4. Tne to t e l d'!l:>unt ;;,fret H '>il l es w'liclo) are exenot from
tnc taw i ~posed o y Scct 'on 4 -4-4-2 b y re a so~ of th e
o r c v 4si c n s o t ~c cti c n 4-4-4-,.
=· lh~ tot l l a111o unt 't s ~l "''> n.>r~e e n cr~>dit, the o ~li ca ti r n for which is no: S!'r.ured by a con d ition a l sa l l.'s
c ont ract, chatt e l mn rt o .~c o r 'lth e r security instru111ert
n t i t lin • the r et .; i l r r t e r ~ oo s s ~ s s t h • 1 t em sol:::, which a r •
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f o u -:c to r•e worthl es s a nd which ma y be deducted as bad aebts
tn the r e ta il er's Fede r a l i nc ome tax r e turn.
r . Th -.: retur n shall be a ccomp anied by an amount eaual to the
s~l ~s tax r eauireo to be collected by the retailer but which,
i n rc c "s e , sh a ll be less than the amount actually collected,
no r l e ss than three pe rcen t (3 %) of the figure derived by
su b trac t in~ fro m th e g r oss tax a ble saleso as reflected on th P r ~turn, the total sal e s described in subsections B 2t3t4 an d ~ J b cv e , a s r e flect eo on th ~ return; provided, however, the
r e t r il e r ~ay deduct from th e tot a l tax due an amount eaual to
one r.n o six-tenths percent <1.6 %) of the sales tax reouired
t ? re c o llecte d . wh ich may be retained by the retailer as a
feL f o r collectin g s a id t a x.
r . .All ct"i• r persons . o a rtn ~r s hios and coroorations shall oay to
t h n C ir~ctor t he am ount o f ~n y t a x due under the provisions
o f ~Ecti 0 n 4-4-~-s . not l es s t han fifteen <15) days after t hA
do te th a t s a i d t ~x beco~e s due .
USE Tf.X IMP'J SE D
4 -4-:-1 : lA X ON S T ORAG~o CONSU MPT I ON AN D USE :
Th e r e i s hereby l ~vi rd ~nd the r e sha ll be collected from every
pp r s c~ ln th e Ci7y , a tax uo o n th e privilege of storing, usin ~
?r ccnsumin a within t1 e ho und a ri ~s of the Citv any articles of
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t 'n g i b l e pe rso n a l proP ·~ r t y our c h a :; ed .1 t ret a i l from sources outs i d e ~! c ry roor e t e linits o f t~t Clt y. uch tax s ~a ll be payable to,
a r.c s na ll te c ~llecte d b y. th ? Director of Fin a nce in accordance
"'lth th e fcll c dn g sc'l ec'u l e :
On Stor e e r.r Acou isi tion
Ch :;r ge s c r Co st
!i .Q1 inrl uc1 i ng o l iJ ······················•···•·• ' • 1 c, i nr.l u~in o .') ·•·••··•··········•·•········ 1 .~~ ii'Jrluoino .A 4 ····················•···•·••· ~. r ~ i nr.l uo i nq ! l o n J .............................
Tax
no taw
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s .o
~r s t o r u~r o r a cqui s itio n r.h 2 r q•s o r costs , in exces s of one doll ar 1 11 .0~1, t~e .x sh a l l b~ t'lr•e c r ~t s (I.C3 ) on ea ch full do ll a r o f
s t.ch st o r 1~~ o r acou1slti ;,r. chtr <l''S o r cost, olus the tax show., i n
t ~~ wo v e <c heou l e t o r t he dnol ic -<b l e fracti ona l e>art of " dollar ~f e.ch su c n cha r qes o r c or.t .
~c r tr a nsa cti cns c cns urn ~at cv on or after January l o lq 86 o th ~ r~ty c f f'lr,l ?wood •s us e t;x shn ll not a poly to th e stor a.,e cf
ccn s tr uc tioi'J and bu il d in g mate ri a ls .
fYE~P TION S TO U E TAY :
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h . 1~~ t d x ~r e xcis e Le vi ed by r.ec tion 4 -4-5 -1 is hereby declare d
t ~ o c suop lem entar y tc th e t ~x l ~vied by Se ction 4-4-4 hereof,
~no f o r this reason• th e foll o wing transactions shall be exem nt
t!-:e refro m:
1. 1~~ storag~, usc o r consumption of personal property, th e
s a le cf which is subject to the ta~ levied by Section 4-4-4.
2 . The storage, usP o r con sum otion of any tangible personal
P r op e rty P urchased for resalP to this City. either in its
o ri g i na l form or as an inqre ient of a manufactured or
com oo unded oroduct, in th e r egular course of a business.
~. T1 c stora g e, us e o r consumotion of motor fuel upon which
t her e h ~s accured, o r h a s b ee n paid, the motor fuel tax
rr~s c rib cd b y th • Co lor a do ~~tor Fu el Ta x Law of 1933t or any
•nr-n o 111 e n t s t h ~re to .
4. Tre stora g e, u s~ o r consumotion of t~ngible personal
r.r oo : rt y which wa s il cquired :t a timf' when the user or
ccnsu~er t ereof was a no nr a sident of t he City; provide d its
u s e c r consumpti on i s f o rth~ bene fit of said user or
consumer .
~. Th e stor a cp, use o r c onsumpt ion of t a ngible oersonal
p r o p e rty o f the Un ite d S t a t e s go vernment, or th e St a te of
rolo r i d o , o r its i n stitutions. o r its oolitical subdivisions,
ir t hP ir L C V P rnm ~nt a l c a naci i ps only; or by reltgiouso
ch Jr1ta blr o r ~l e eM o ~vn a ry i 1st ~tutions in th~ conduct of
th•ir r ~o u lar r e l1 n1 c u ~ c r c~~ritable functions; providedt
h o we v e r, t~at no c o~~c r c i a l. in d ustrial or other ban~in q
irst it u i o s o o r 1a niz e o r c a rt ered ~Y the United S tates
qo v e r ~cnr , ary a g ercy o r deca r t me nt thPr e ofo or by the State
c f C o l o r ~a c . shalt ~e co ns i o e red a oovernment~l institution
f~r t~e ou rp ose 't tnis c xe ~ot i on .
6 . l~e sto r a pe , us e o r con s um otion of tana ible Person a l
u r op c rty b y a o c rs or n.~oe i n t~e bus i ne ss of manufacturin g .
cc.,po unn i '1 for s a l ., oro f it or u s et any 'lrt 1cle, substance o r
c o ~~ocity , which t a n ,i b l c oe rso1 a l p rop ~rty meets all of the
to tlowin 3 conoition s :
Ts actu~l ly ~1a f 1 c tuall y tr~nsformeo by th~ p rocess
o f lll 'C ruf a cture;
t . ~e co mcs o y t he T ~n ut a ctu rino or c c e ss a nece s sary and
re c o9 rizahlc in qre c inrt. co m pon~nt or c onst ituent o~rt of th e
f ini s he ~ o roduct: a nr
c . Its ohy ;.'c a l
"SSe n t1 a l to th ~ U S!
C 011 S il lf C'r •
o r es enr ~ in th e finished Product is
hereof in the hanos of the ultima t~
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F~r tr ans ~cti ons c o r s u~~~tc d on or after January lt 1986o
IGR ~. t hP City 's us e t ~x s h ~l l not apply to the storage, use,
o r ccrsu wp t1cn of un y a rticl e of tanq1ble personal property,
th e s ~l £> o r us.-of which h;,s already bl!'e n subjected to a sal es
o r u se t a x of another st d tutory or home rule ~un1c1pality
c ro p~rly d nd proportion a lly imposed on the ourchaser or user
eq u 2 l t o o r 1n ex ces s of t~ree percent l3Xl. A credit shall
t e q r r.ntcd aaain s t th e City•s use tax with respect to the
~P r so r•s st or aae , u se or c ons umption in the C1ty of tangible
oe rs cn a l p rop erty , th~ n~o unt of the credit to eoual the tax
p a i d by him by reason of the 1mpos1t1on of a sales or use tax
o f the previous st at utory or home rule municipality on his
c urch r s e or us e of the prop e rty. The amount of the credit
s~~ll n o t exc eed thro e per c ent (3~1.
F)r tr >'nsa c •ions c r;r >um,.,lte d on or a fter J il nuary lo l9A~, t h e
rity •s u~e t a x sn a ll not bn imoosed wi h respect
to th e u se nr c o nsumption o f t 3 noible Personal property
within t h e C ity which o ccurs ~o re than three years after the
"o s t rP r e nt ~a l e of thP prope rty 1fo within the three ye a rs
+ot lrwin c such ~a lco th e p r ope rty has bee n significantly us ed
~·t~i n t he st a t e for t~e pr4nc ip a l purooses for which it wa s
p urch a sed .
c . ~oth in q he r ein conta in ed sh a ll be deemed to ~xempt from t h e
t a x l e vi e d b y ~e ction u-~-5 -3 8 on the storage, use or
ccn~u~p ti o n ot an y t~n1 ibl c personal Property to be used by a
ca ntract~r t o r the r.~n ~truction of an i~orov~ment for any ot
th ~ in s~it ution s o r ~oe nc i ?s cnu~erate rl in subsection A 5
:;b o v e .
PA Y~ENT AN D COLLECTI O~ OF USE TAX
~. •· a y mer t o f Tax •
1 . ttl P.<rso ns who a r e reouire o to oot;;1n a sales tax licen se
'Lr su r.nt to the previsi o ns o t ~e ction 4-~-4-4 shall inclu de
withir t he r turn r•quir•d tn be f1ledo pursuant to the
~rev is i ons of Section 4-4-u-7 , such 1nfnr~at1on as ma y be
r ~qu1r ec t y thr 1 1r c ct o r of F ~n a nce as ma y enable hi~
~ccur B t ~ly to c om put t h~ aM,unt of use t ~x due from said
r~t ~ il e r f o r pure h ases m1dc-t y ~uch r "t '•H e r for which a us e
r.~x is du~ durin Q trr D€r1 od for whic~ such r e turn is filed .
~. F 9 y ~rrt arc rc ll r ction o n s~~c1f1c Item s . Th• foll o win ~
spc ci .l p r o vi s i o n s sh •ll ap~Ly to the o •y~ent of a ny u se t~x
r ue or t h r us e , co nsumot 1 on o r s o r 1ne o f th e followino
itr,.,c;:
!. ~r t o r Veh i cles a n d Tratl ~r s . Any o •r s on. partn e rshio or
rc r l.c rati o n who ~h .ll ou rch c ~· ;~ny motor vehicle, tr ai ler o,.
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~,.,i-tr 'l ilt r, wh ... t r~r new or used outsi de the City , with the
'r t !r t t o r e g ist e r t he s~~e ut a n address i ns ide the City 1 s h ~ll i m~Pa 1 ate ly, ~n o prior to req1st e r1ng and ob tainin g
lic tn~e pl a tes th~refor , make a return sh owin g such trans-
~ct i o r to the Dir ec tor of Finance and p a y to him the use tax
~~Pl icabl ~ t he ret o as prov1 d e o for in subsection A ~ereof.
~· r Lil d ing ~ate ri a ls a nd S upplies. Any person, p a rtn e rshi p
c r coroo r a tion who does not ma intain a permanent Place of
ousirfss within th e bo u nda r i e s cf the City and who sha ll
c.;u il o , c o'1st ruct or i 111p r ove ~ny huil d inoo dwellfnq or other
s tru c tur e or i mpr o v eme n t to realty whatsoever within the City
s h ?.Ll, up o n ap pl ication for n buildin g permit, pay as a
c epnsit f e r p a y mPnt o f the ta x Le vied by Section 4-4-5 -1 an
~~o unt eoud l to three percent C!t ) of fifty percent (50 %) of
th ~ e stiPd t en co st of the i Mpro v eme nt, c r three percent (3 %)
ot fifty ~e rc cnt ot t he t o t a l cont r act p r ice , if th e re is a
c ontr a ct •or the buil d ir q c o rs trurtion or imorovement; oro-
vi r.e d , howe v er , th a t if the est im a ted c o s t of the improvement
c r t h ~ t ot~L contr a ct p ric e is in excess of two hun d red
t h o u s ;. n d no L l a r s ( ! ;: 0 ;)o C: !'l ) t he fH r e c to r, i n ~ i s d i s c ret ion
~nd u~on ~pplication to n i m, may a uthorize a waiver of said
~epo~it a nd accept th e o o ym •n t of said tax on a ~onthly,
c u ~r t e rly or other ~=sis, b ~~ed upon actudl purchas e s of
~a ter;als , supp l iP.s a nd ca u ·rment for which sue~ tax ~ay b e
c ue , Eu o j P ct t o such rules 3 n d r eq ula t ions ~s the s~id
Cir ec t o r ~a y adopt . In ~ll c ~ses where the deposit reauired
~Y t h e pro vi sion s of this Sec tion is ~a de . if it is neterminPrl
~t tr c t ~me o f the corrpl ~ti?n o f the b uilding . d wcllin q or
cth ~r ~t r u ctur e o t imp r ?v e ~ent tr om the invoic~s an d
st ~t ~~e nt~ r e fl e c tin a tn ~ ourch d SC ther P fcro t~n t th e ocpostt
ma de d i h ~r ein reauir td , to a•t~c r ~ith the a ctu a l o a y men ts t o
th t C ity b S a sa l es t H ~. is in e xcess of the a ctu a l t a x d ue
tn r.rc fcrc • the oerson mak in c sa id deposit or oayin o sa i d tax
r ~y ma k e J pp li c a ti c n t o the Oir e ctor of F in a nce for r e fund of
.,n y a mo u r p a id in e•c e ss of t~e 3ctu a l ta x es due , in which
~ve~ it s ha ll bp the duty o1 the re r son ma~ing suc h
~rol lc n t i~n tc fur~iE h ~ll nPcessa ry h ills a n rl invoic es
n vtc e rcln ~ over p a ym e nt o f the ta •• a nd if the said Oi rector
is s ti sfied th a t ther p h •s ~P en such overpay~ent, he s~Al l
r c f urc su ch o vero a y~en t to t h e t d xoay•r.
(o (~~~t ru t ic n lOu tn ~P nt W ich is loc a te d Wit h i n the b oun da ri•s
c f ~~ ~tt y o f [n aiP wooj f o r a p eriod of more than thirty
ccr!>'cuti vt' da y s sha ll br s u ~l ~rt c d to t h e full applic,•blr u •"
ti'• c f ~n e City.
c . k ith r P s ~e ct to tr a n s~ctl o n s consummat e d o n or a fter January
1 , 19f~, r.on ~tructi o n cQ uip ~•nt wh ich is locate d w1t~in the
tc unca r1 es of t~e C ity ~f [~0 l ~ood for a period of thi r ty
rcnse cutiv P o a y s o r l oss hl ll b r suhjectrd to th~ r 1 ty •s
use e x in an am ~u nt ~hi rh "PS not ~xcrcd th~ bmount
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c a lc ulated as f o ll o ws : the n urch as e pric e of the eauipm~nt
sna ll b~ ~u lti p l ien ty a fr ac tion, the num~rator of which is
n ne d d th e oenomin~to r o f w~i ch is twelve, and the result
~~3 ll b e mu ltipli eo b y thr ee percent (3 %).
~h ~re t he provisi o n s o f s ub se ction (d) of this section are
utili zec , the cr ed•t o r o visi c ns of ~-~-5-2 B shall apoly at
such tl mP a s the a~g re oate sa le s and use taxes legally impose d
h y anc pa id to other st?tuto ry a nd home rule ~unic1oal1t1es on
~ry SLCh e ouipm e nt equ1 l thr ae oe rcent (3%).
F . In c r Ler to ~vail him se lf o f the provisions of subsection (Q )
cf this s e ction, the t ••p~y e r shal l comply with the followin ,
C'r o ce c'ur e :
' .
J . r r i c r to o r on t~e o a te the eq uipm ent is located within
thr ~:un od ri e s o f th~ City f E n~lewood, the taxpayer shall
f il e ~~~h th e City's Fin a nc e n e pd rtment ~n e auipment
ce cl 1 r at l on on a f o r m provi rle d b y th~ Ci ty. S uch declaration
sh!ll st~t c t he n ~tes on whi ch the taxp a yer anticipates the
~cuio"ent will be loc a te d within a nd removed from the
r cu n rla ri e s of t he Ci ty o f r n ~lewood, s h a ll Include a
c escription o f e a ch s uch an t ic ipated piece of eauipment. shall
s t dte the a ctu a l or a ntic iPl ted purchas e orice of each such
1n tlcl pa t ed niece o f eq u lp~e nt , and shall include such other
i ~for ~at i o n as r ~ns onnbly ~eemed necess ~ry by the City.
~. l~e t ~xpayer s ~nl l t i l e with the rity an a~ended eouipment
d ec l ,r a ti o n r e flec t in ~ dn y c~a n ge s In th ~ information con-
tu i ne~ in ~ny pr Pvi o u s "o u i p~ent declar ~tion no less th e n onr ~
··v e ry nin f'ty 1 9 ~.) aa y s a fter t he e ouinm "~t is brou9ht into t h~
l.ou n o~ri es of th e C'ity of En n lewood or, for eouipment which is
u r o u ,ht into th e bounda ri es o f the City of Englewood for a
p r o ject o f le ss t ha n nin•ty (0 0 ) days duration , no later tha n
•r. 1!:> d a y s aft e r substant13 l c oM plot io n of the prolect.
Tne t d x na y c r nPed no r ~o rt o n any Poulprnent declaratio ~
r.ny :culcment f o r which th e ou rch SP or~c e was under t~e nty
fi v t ~unc re o dol ~a rs (12 .'i 3' >.
It t~~ eouio~cnt d ccl a ra ~ion is q iven as Provided i n
s uhsfct'on <"> of this st•ctic n. th e n a s t~ a ny H'"m of
c~ns tructi c n c auiomont f o r ~,ich the cu st omary ourch a se p r~c ~
is u n~er tw en ty-fiv~ hund r ed dol l a rs <s ~,50C ) which was
t r c u~~t i n to the boundYri es o f thP Cit y of Fnglewood
te~oo r J rily for USP on ~ con s t ru~tion profect, it shall h P
p r ~s urre o tt-a t thn qe,., w ~s n 11rchc~sed In a jurisdiction ~a vi'1 'J
~ l o c a l sa l es o r us~ t1x as r i~h a s thrne perce n t (3~) ~n n
tnJt ~ur~ l ocn l s'l l t•s or us e t a .. wa s nr t'viously oai d . In sud
c ~~! t~e Luroen of nroof in .ny proceedino be fore th• c•ty
th ~ Pwrcu r 1v e oirect o r cf thr de o a rt~e nt of rev~nue. or th r
~i s r1ct ~ou rt, ~h a ll OP o n the Cit y t o orove such l oc a l s~l rs
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· r ur.t. t J )( ~o~as not p t i c .
~. If th e t r.x pa yer t a ils to co~o ly ~it h th ~ provisions of
s u ose ct1 on fF) 01 this sect io n. the t axo ayer may not a vail
'dms • lf 'J f the orov i si on s of subsection l n> of this sroct ion
~nd sha ll be subJect to the orovisions of subsection tC> of
t his section. Ho~ever. substantial compliance with the
p rov •sio ns of subsection (F) o f this section shall allow the
t a x ca )c r to a vail himself of th e provisions of the subsection
I D> of this section.
LI CENSE AND TAX IN ADDITION TO ALL OTHER TAXES
lh < lic ense a~d tax im po sed ny this Chaoter sh~ll be in
l dd ition to ~ll oth r l4cen s es and tax e s imposed by law.
CYcep t as h~rcin oth e r~i se p r o vi de d.
4 -~-7 : TIX INFORMATI ON CON FI Or NTJAL
o . r xc er i n a ccor da nt (' with j ud icial o rder. or as otherwise
hr r eir p rov1deo. th C' Cit y sh a ll not divulge any information
oa i nec frcr.-a ny r •.turn f1l<>J o r as a re s ult of any
inv es ti n 2 t i on or he e r in1 h eld o ursuant to th~ provisions of
th i s Ch i>p e r.
~othing c on taine d In th i s Se ction shall be construed to
p r oh i t it:
•• 1 h . ~elivery t o a o c r s on . or to his d uly authorized
r co r e sentdti v e . o f a c o ov ot any r e turn tiled in connection
~it h tiis t u x ;
2 . Tr--e o u b l1cat i on of !.t '>ti s tics so cl 3 ssified a s to prevent
th P icen tificnt io o f Pu r ti cul a r rcoorts or r P turns ~nd the
1t ons thereof ;
3 . Th e i nspe c tion b y th~ Cit y Atto rn e y. or any oth e r leg a l
r n o r escn tati v c of tha Ci ty . f :he r eturn or oth e r 1nfor~at1 on
r e l ~tin y to any ta x raycr ~h o ~ay be co~e involve d in liti gati o n
wi th thP r ity i n which thP Sl id infor~a t ion may be come
:n;;terial.
c . ~e pcrts a nn r etur n ~ sh~ll o n nr~se rved for thre e (3 ) years
!n ct . th c r r a fter until t~0 Dirocto r of Fin a nce . wi th the
a ~.>o r o v a l of the r; ty 'a nHle r, s .;;ll ord e r them c1t'stroye d .
4 -4--: EST I MA TED TA ~ S ANO A ~~rSSMfN T TH EREOF:
. ·~ . i th r "soe ct to tro~ns a ct I o n s cons ummate d b efore J anuary 1 •
1 9 &~, if ~n y p~rsor nrq l ects o r r Qfus cs to ~ake a r ~tur n for .
c r p ~ym e nt of an y ot the t3 •cs l !vi ed by this C~ap t e r ~~e n t ~n
~rl m e oeco~r due . t~c Dir ec t o r of Financ e shall • at some d ntc
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<;u bs~cu cnt to fi ft e!.'r> (1 5 ) d?.ys a f t er th e date f or the ma lr.1n g
~f ~uch r e tu r n o r t he p a y ~ent of s uch t a xes, qive written
rc ti c~ t~ t h e per on r es p o n s ib l e for making s a id return or
oa y i n g w~i d t a xes o r the l a ck o f the filing of s uch r e turn or
oa y ~c r t o f s a i d ta x es , wh i ch no t ice shall notify the taxpayer•
o r e th e r per s o n res po n sib le for the return of the tax, that
t h e s ame mu s t b e p a i d within fift e en Cl 5 1 days fro~ the date
o t the r ece ip t o f s a id notic e .
lt tr:e r et ur n is not f iled t o r th e taxes are not paid, withi n
'i fteen c::) da y s a ft e r re c e ip t of s a id notice, the Dirertor
~d y ~a k e an esti~~t e , b as ed u pon s uch information as may be
;v a il ~ol ~ t o him, o t t he a mo unt o f t a xes due for the oeriod o r
ne r i oc s f e r which t a x pa y e r i s d e linquent and shall add theret ~
~ p e rdty i n a n a miJun t eou a l to tf'n oercent Cl %1 of ~a i d
cs ti ~.t c~ td xt too e t hc r with in te r e s t on s aid estima t ed t a x at
~he r ot e o f on e p e rc e n t t jr.) o c r month fr om t h e due da t e
tlo .~r e ~ft iH>d may a ssess s.Ji ,j amou nt a gainst the dl'l 1noue nt
t ~x o~yc r b y q ivin ~ s a i d t a x o n ye r writte n notice thereof• which
r>oti c c sh d ll r e quir ~ t h e tn x pa y e r either to pay the amount
1 s s es s e a b y t he Di r e ctor o r t o o e tition him for a correction
~f s ~i d est i ma t e wit h i n & p ~riod o f t en !1 0 ) days t here a fter.
~r y s ue ~ p et i tion f o r c o rr e c t ion s h a ll b e in writi n g a n d any
f ~cts o r l igu r es ~~su ppo r t t he r eo f s h all b e su bm it ted up on
the o nt ~f the t a x a y ~r . T he ~ir e ctor s h a ll consi de r the
Ma tt~r s sLbm i t t ed ~Y th e t 3 x p a y ~r a nd s h all make a d ecision a s
t o t n ~ o r 1 pe r am o u n t o f t a x es , pen alty a n d interest dueo whic ~
c e c ision r ha ll be f 1 r.a l a nd o 1n d i~g , ex c e o t as modified by
s t a t e st at ut e s.
L . ith r ~sp r c t t o r r ~n sa cti o n s consumma t e o n or after Jan uary
1 , 1 g e.::
1 . f J n o;rs o n n "o l e c t s o r r ·•fu ses to mdkl" a return in P a y me nt
c f th r S <~l es t ax o r t c o J y a ...,y t a x as wh en the same b e comP
cue , t h~ , i r e ct o r o f Fi r 1n c c sh d l lt a t so Me d a te sub sequ e nt to
if rt e n c .~) ca y s a tt c r th e ~~tc f o r the m a~1n o of s u ch r~t u r n
o r t r L'•>l ll•ent of such ta x e~ • m· k e an estim a t e , b a se d up o n
>uch in f o r~a t ion as ~a y be 3 V i l ah le . o f the a mou nt o f t~w es
~ue to r t~e ~e ri od to r w ~i c n t he ta x o a yr r i s d el in o uert an d
sh1 l l a rtc th e r e t o ~ penalt y a ou ~l to th e s um o f f i fteen
"o l l r s !i l~> f o r St i ch f ·1 1l u r e o r ten o e r ce n t !l ~'n the r ec f
•r d 1rt •r •s t on such de l incur nt t ~xes at th e r a t e i •oos ed
ur>~e r su se cti o 1 I !) o t :h i s sec tion p l us one-ha l f n e r c en t
!1 /? H n ~r mcn t h f r cm thl' d ltt> when dU !'t not e x cee d in o
• 1 q t . t e en n e r c e r t ( l H% I in t h •! a q Q r e q a t e •
~. J f a ~e r son neg l r ct s ~r r nfu s es to ~ake ~ r ~tur n in
~F yMart c f t h f' u se ta x o r to ~~Y a n y t a ~ a s re auire d t t~e
r i re c to r s~a ll md k e a 1 ~5 ;~ t~. b a sed up o n su e ~ i n f o r m ~t ion
:s ~&y h e a vai l ab l e , o f ~h~ ;Mo u n t of t J x~s d u e f o r t h~ p~r 1 cd
To r .ri c r. t~e t a x pay<:r is ,1 ,•1 in o u cnt a n d sh a ll ad d th e r e t o a
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r cn ~t t y e o u ~l to t ~n o e rc~nt ll J X) th e r e of and interest on
su c n c ~li nquent taxes at the rate impos ed under subsection (~)
c t tris s e ction, plus one-h ,lf o f one percent (1/2%) oer ~onth
t r o~ the oate wh en due .
~. 1~~ n nnua t r at e of inter e st on delinouent taxes under
s u ~sect1ons C1) and (2 ) ~bo v e shall be th a t established by th e
s t a te co m~1 ss1oner o f bankino pursuant to 39-21-110.5, C.R.s.
4 -4-'l : SALE OF STOCK OR QU ITTI NG RUSINESS:
~. Any r et.d l e r who sh a ll se ll o ut his business or stock of gooc s
o r wh o sh u ll ouit husinrss, shall be reouir~d to preoare and
t1lP. £ sa l e s tax ana use tax r e turn as provided 1n this
Ch dot!r within fifte en Cl~) da y s subseauent to the date of the
comu l [tion of said s ~l r , or the ou1tt1n~ of business and the
c urc~:ser thereof. lf a ny , •h3 ll be reouired to withhold
sutficiert of the ourchds e ~o ney to cov e r the a~ount of s a id
t e x oLe ana uno31 o , until such time as the said retailer shall
p rc c uce a receiot fr o m the 1 irector showing th a t all such
t ~x~s h~ve been o a id a nd th 1 no f urther taxes are due.
lf tr e p urchas e r of a bus1n e ~s o r stock of goods shall f a il tn
withhrl c the ourch a sf mon e y 3 S above provided, and the tax
sh ~ll be due and uno e i i ft~r the fift~en C15) day period
~Ll o wcd, s uch ou rc~as er sh a ll be oe rson a lly liable for the
r a y ~e rt ~f taxes uno a io o y th e form e r own e r and the liens
cre a t£d oy Section 4-4-14 s hd ll immediately attach to the
~e r sor o l n r o o e r t y s o pu rch a s e d ; orovided, however, that the
r e t ~iler so se lli ru or au1ttin~ oustness s h a ll not be reliev ed
ir ~n ) ~a ~e r of ~1s li a b ility for o a ym r ~t of any of said
te ~~s due .
4-4-1 :: o rFICJf CY NOTJCr S AND REFUNOS
1. A r ·t u n d ~hall b e ~a • ~r cr~dit allow~d for any tax
"' 1 d unoe r prot Est b y an y ou rch a scr or user >~ho ha s . or
cl , i rrs t o h a ve, d n ~.<r "'o ti 'jn as 1n this Ch a pter provided.
~,.c r ~t u n d sh"ll b e 111 ad " o y the Director after
ccmp li ~n ce w t h t~c t o ll o w i~~ conditions orecedent:
;. A oplic ~t i1n . ~o o l1c ~t1o~s for r~fund must be 111ade
~i t h i n n l ne tv (0 "1 Cd YS a f t •r the ourch ~se or use of the goo ds
or. wh ich t h e ex e~r.t~on i s tl ?im ~d• and must be supported by
the -tf ioa vtt r f t~c ou rc~ds!r o r user 3 ccompanied by thr
o ri r ir ~l a i d i n v o ic e o r SH l c s r eceipt dnd a cer t ific ate
i s su cc t y thP s e ll e r , t or-'t h "r with such further inform 'lt ion
·5 ma y oP. reouest ec Py t hP J ir €cto r.
t . ~1th r ~spect t r. tr ~~~~ctions con s u mma t ed on or a ft er
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Jen u Hry i t 19 8 6, a n aopl1c d t1 o n for refund of sales or u se t a x
u~i d und e r dispute b y a ourchaser or us e r who claims an
e x e ~p tion pursuant to thi s C ~a oter shall be made within sixty
cr :J c c.y s afte r the ourchas!!, storage, use or consumption of
t h ? cco os o r services wh ~r eon an e xemption is claimed.
c . ~ith r espe ct to tr a nsactions consummated on or after
Ju nu a ry 1• 1 986 , a n app lic a tion for refund of tax moneys paid
in :rr o r o r by mist a ke, s hall be ma de within three 1 3 ) ye a rs
a ft e r the date of pu rch ase . sto ra pe , use or consumption of t h e
q oo rl s f or which t he r efund i s claimed.
L • r e c 1s1cns . Upcn receipt of such apol1cat1on and
~cc o mr~nyino infcr ~a ti on , th e Director shall examine the same
wit h e ll d ue soe~a a 1d ~~a ll qive notice to the apolicant by
~n c r cc r i n writi n p of ~1s ce ci s ion thereon.
3 . rE J ri nn . An J1 qr 1 ev ed anP lic~n t may , within ten Cl 1 l day s
Rft e r sue~ o c cisinn is ~d il 2d to ~im , oetition the Director
f e r ~ h ~a rin ~ on t h r cl Hi m in which cas• the Director sh a lt,
u pcn c u e nrtice to t h • duo l i c a nt , hold a hea r4n g uocn such
~p pl i c a ti o ns , t 3k1 nq s uc h i n form1tton or evidence as may be
~B terial, ana s ha ll, t~e r~d f t er , r~nde r his fin a l d e cision
upon su c h apo l1 c a tion. which d ecision shall b~ final.
r.. n~fici e ncy o t i c ~ o r Qe f un d s
1. ~i th r e spect t o tr ~n s actions c onsum ~ate d on or a fter
J a •1uary 1 , 198f:o i r Li c ll of the orocecure provided for tn
Sur sc ct ion A.l. a b o v r , the t a xoayer ma y elect a hearing of t~~
l i rerto r•s fin al d~cisi ?n e n ~ d ef1cie~cy notice or claim f o r
r P1u :•c ro ursuant t c r.o r ·?C ~c u r o s e t forth 1n this s ec t ion .
~s use~ in this sc ct'on , •st a te hearing" me a n s a
he •r ir~ be f o re th e e xecut i v e a irector of the deoart~ent of
r c v e~u e o r dele qd t e th e rn~f ~s o r ~vi ded i n S 29 -2 -l Cf:olC!lo
r .~:;.s .
t . ~~en the City asse r ts t~at sale s or use taxe s ~r e du e
<r ur a"Gu nt a r~~ter t n ~1 t ~t a mount p~id by a taxpayer, the
Ci t y sh ~ll ma 1l r OPf ici e ncy notice t o the t ~woayer by
cc r t't 'ed ~a il. Th e a ef i ci cn cy n o tice sh a lt s tat e the
cdi r ional s~l es and u s~ ta x ~~ d ue . Th• oef ici enc y notice
s ~c ll c onta i n n ct ific J t i cn , i n c l ea r nn d conspicuous tyoet
t h u t E ta ~oa yer h~s the r i~ht to el e ct a state he a rin n on
th nt t i c ie ncy p ur s u a nt t c ~ ?9 -2 -1 6 .1 (~), C.R.s . The
t f x r~~e r sha ll a l so h a v _ th• ri n ht to elect a state h~ar1n o c 1
t ~· City's deni a l c t su c h t axoa yer•s claim for a r efund of
~u l es o r us e t a x pa i d .
c . Th e tax p ,y~r s h a ll r c au e st the ~tate h e arin 9 within
th ir t y d ,y s a ft e r t he t .:uo .l y •r •s Ex ha ustion of Local remedie f;.
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lhe r -x ~ay Pr sh a ll ~H VP no rioht to such hearinq if he ha! not
"~h u1tr~ l oca l r ~edies or if he f a ils to r e quest such
~e •r'rq w~Udn the time period provided. For purpose s of this
b Uh section o "e x ha usti on of local remedies" me a ns:
1. Th~ t J xp a yer has timely requested in writing a
hed ri nR before the City a nd the City has held such hearing an~
issuec ~ final d ecision ther e on. S uch hearing shall be
tnforrr d l and no tr an scrioto rules of evidenceo or tiling of
~ri e t E sha ll be required; but the taxpayer may elect to submit
~ brifft in which c ose th e Ci ty may sub~it a brief. The City
sha ll hol e such h ~a rin g and issu e the final decision thereon
with ir ninety C 9 ~1 na ys 3 ft e r th e City's receipt of the
t ~xuayer•s writt en r~ou es t th e refor, exceot the City may
"Xtcnc E~tcnd such neriod if the delay in holdin9 the hearin n
o r iss uin a the decis ion thereon wa s occ a sioned by the
t ~x ~~)~r• but. in ~ny such e ve nt, the City shall hold such
he 1 ri n? and issu~ th~ decisi o n thereon within one hundred
• i p hty Cl R ~I oays o f the t ~x P 3y e r•s rcouest in writing
t h!'rP. f o r: or
2 . Th e t o xoayer ha s timely r e uuested in writina !
h e ?rir~ be fore the City a nd the C ity ~as failed to hold such
he ~rin g o r has f e lled to issue a final deci s ion thereon with i~
th f ti~r p~ri ods presc ri bed in suhoaragraph 1 1 1 abov~.
c . lf a t ;~pa y e r h a s e x ha ust ed hi~ local reme d ies as
o r o vi ced in subsrcti on Ccl abov "' the tHpayer '!lay reauest a
s t ~tc h ea rin g on su ch ~e fici e nc y notice or clai~ for refund,
a nn s u e~ r co u cs t s~all b~ ~a0e a n d such hearing shall be
r cnouc t ed in the s am~ manner as s e t for th in S 29 -2-1 06 .1 (3)
t~r OIJC'h (7lt C.R.::;.
c . 1 1 the de fici e~cy n c t ice or cl Ri'!l for refund involv •s
on ly th e City, in lt ~u of r co u c s tin o a sta t e hearin o , the t1•-
u~yer ~b y opc~a l Euch rl e f ic i e ncy r r dPn ~•l o f a cl a im for
r •func to the dist r ict cou r t of thr c o unty o f Ar a pahoe 3S
o r o vi c eo lr S 2 q -~-l :&.lC R ), c .~.s ., p r o vi ded the t a xo a y er
cc.mo l ies wit h th~ o r e>cPdurrs s rt forth l n sut>section Ccl -:J f
th is secticn .
f . ~C'thin o in t i s sect ion C ~l sh 1 ll orohi~it the t ~w-
t ... y e r 1r o•• pursuin ':l i uu ici a l r e vi e w of " final oec i sion oft"
r tty .s ot h!rwl s~ cru vi ded t ~ this rh apte r.
<• .. it~ res pe ct t n tr ,lns'l ct i0ns cons ul",..at ed on o r a fter
J an uary I • lq ~b t within fifte en d~ys a f t~r filina a netic~ o1
?;:-pe 3 l a s provi de<" in subsccl i on 4-11-1 0 -"-1-ro thl' ta xpay er
sh~ll fil ~ with th~ di•tr ict court u s ur•ty b onrl in !wice th r
.~a u nt rf the t d xes . 1rt c r es~. u nn ather Ch ri roes s t •ted in th ~
ftn ,L decision by thr P irect o r which a r ~ con•e sted on apneal .
lhc t ~•~d ye r ma y , ~th i s r p t ion , sa tisfy the surety bon d
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r ~ouir em nt by a sa vin gs account o r de posit in or a
cc rt i ficJt c of deposit issue d by a stat e or national bank or
L Y a state o r federal sa vin g s and loan asso ciation, in
a cc ~rc an c e with th~ pro vi s i ons of S ection 11-35 -1 0 1 Cl>o
c .Q.s ., ~ou a l to twice the am ount of the taxes, int e rest, an d
o t~P r ch d rpes statrd in the fin a l decision b y the Dir e ctor.
3 . 1he t a xpayer may , at his opt ion, deposit the disputed
,~o unt with the Oir e ctor in lieu of posting a surety bond. l f
su ch a~o unt is s o oepos itcdo no further int e rest sh a ll accru e
on th ~ de ficiency contested d urin a the pendency of the action.
ht th~ co nclusion o f the a c t ion, a fter a ppeal to th e supreme
co urt or th e cour t of a opeats or after the time for such
~pp ea l has e xpir ed , t he fun d s depositeo shall beo at the
j irecti on o f the c o urt, r it he r retained b y the Director and
a p p li ed aoains t th e de ficien c y or r e turnPd in whole or in oart
tc th e td ~pa y e r with int e re st a t the ra te imoosed pursuant t o
sec tio n ~-4-8 -C -3 of this or d ina nce. No claim for refund of
1mou rts d epos ite wi th the 0 1rector nee d b e m3de by the
t ~xp !)•r in orde r for such am ounts to be reoaid in a ccord a nc e
with t r di r ection of th e c ou rt.
4 . Ar.y o•rson cl a imin q to n d ve p a id a tax for the ourchase or
usc ~t tan l b l e p rson a l p r op~rty in e xcess of the r a tes
~s t r.b li shed b y th1s Chdpte r, may app ly for a refund of said
cxttss 1n the manne r p r esc ri be d above.
~. ~t f una not ass1 g n u b l P . The right of an y oerson to a
r P fu~o under thi s th n o t e r sh 3 ll not be a ssi g nable, !n d
J ppti c ati~n for r e furd must b e ~ade b y t he sa~e oerson who
n urc~P se~ ~r use d the qoods •nd wh o oa1 d th• tax thereon, as
sho wn ny the inv oice of the s 3 l e t he reat o r other ao propri at e
CQ CU!"e nt .
f . Th Di recto r sha ll h a v e the a ut ho r~ty to wa ive oa rt o r a ll
o f ct n) p•na lty ~n a lor i n ter es t as sessed 1f the circumstances
~ec ~ s uc h .
t~A ~INATIONS ~F RETU~~s ; RF FU NOS . DEF ICIE NC I ES : A
s~o n ~s oracticaol~ 1 fter any sales or use tax r et urn
1 s filed, the Oirector shall e~a~in ~ it , a n d 1f it then ~o p ea rs
t~o t the t o rr e ct amount of t rt x to b~ r e mitt Pd i s greater or l ess
t~ 1n tl'1at sho .. n in t he rctur r . the tax sha ll tie recomputed.
If t~c dmc unt oaid excceas t nat which is du e o the exces~ shall b e
r ft furoeo c r cred1te~ a cainst ~ry subseouent rPmittance from t~e
'i h){. tax~)c:.y ~r.
tf th !' ;rc;ur r::o~ic I <; l ess t h~n th!'" ount ... ue o the d iffere n c e .
t a ~~t hc r ~it h 1nt e r ~st th•recn 3t the r a t~ o f one perccl'1t Cl Xl o •r
~c rth iro~ th e t1mP thr return -as 1ue o shal l be paid by t hP
v •r.Jc r w it 1 n fiftee n l l"l d .. ys .lft e r writt r n notice ana deMJrd t " I • •
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.• it ~ r ~snt ct t o r e turn s til ed o n or a ft e r J a nuary lo 19 8 6o the
r nu J l r "te o f int e r es t on d e lin aue nt t a xes s h all be that estab-
lis ~ec o y t ~~ s t a te co~~iss io ne r of b~nkin g pursu a nt to
:'-~1-11 r .s , c .R.s .
q -4-:2 : I NVE S TIGATION OF R[T ATLER'S BOOKS: for the purpose of
~s certainin g the c o rr e ctness of a return, or for the
c u r po s c o f minin g ascert a inin g th e correctn e ss of a return, or for
th e p ur pose o f d e ter m1nin o the ~~aunt of tax due from any
t ~x~ay ~r· th e Director ma y holct inv e stiaations and
n c a rir.g s c~ncern1n~ a ny ~att e rs covered by this Chapter and may
~x ~min e a ry relevan t b oo ks, P 3p ~rs, records or memoranda of any
s uc h pe r sc r, rrquirin g t he 6t tc ~d anc e of such taxpayer or any
:ffi re r o r r mp loy ec of s u c h ta x o a yc r. or of any person having
~no ~l c n ~~ o f s uch s a l e• ~nd t a k1n q s u c h t e stimony and proof as mny
~P r e c ess i ry t o ~r op~rly PS c e r ta in an y tax li a bility. The
[!r e ctor ~h ·ll h a v P po we r t o a d,ini s t•r o a ths to a ny person in t he
c J u ro;e o f suc 'l inv es t i oa t i c n s o r he ,rin.,.
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LO~D U CT Of HE A ~J ~~S :
c uhp o e n a s an d Witn e ss Fe es. All s u b poena s issued under the
t e r Ms ot thi s Ch a o te r ma y b ~ s e rv~d by a ny oerson of full ag ~.
Th ~ t ees o f w1 tnPsses f o r att rn can c e a n d trial shall be the
s~~e a s th e te es o f wi tn~s ses b e f o re th e District Court• sue~
t e f s t o be p a i n ~h en t h wi n ~s s is excused from further
e tt enca nc e . wh e n t h0 wit nr s s 1 s s ubp o ena~d a t the insistanc ~
o f t re Di r e ct c r. s uc h f ee s s all ne oat ~ 1n the same manner ~s
~th n r e •oc n ses un e r t h e t e r~s o f this Ch a pter, a n d when a
~o itn • s s i s s u bp o en a ed 'l t th n in s i s t a l"'ce o f any n arty to ;,ny
s u e~ r r c c e edi n g , th e Dir e ct o r ~ay reouire that the cost of
s e rvi c e o t th e subp o en~ a n o th e t e e of t h e witness oe b o rne ~v
th e o Er •y a t who •c ins ista nc e the witness is sum~oned. I n
s u c n cas e t h~ l r e ct o r, in ~i • d i r.creti o n. may r e ouir e a
~e o Js i t to c o ver th e c o s t o f s uch s e rvi c e and witne s s f ee .
sut,p c n 3 i s s1Jed ~s 'l f o r .,.s .~i 'l sh .. ll b r s e rve d in the ~a "'e
~-nn e r as a su b on e n a i ss ue d o ut o f 'l co u r t o f r ecc r •
t • J t.. •:"" Co"' P e l s At t en c 10 c c . ~ v I u d o ,. o f t he o i s t r i c t r o ur t o 1
tt"•' L i 'l n tce nth Ju c1 lci.:!l l is t r 1ct o f th e S ta tto of Color ado .
'ith e r i n t e rm t i mr o r v ~c a ~in n . upon the a o ol1c at 1 o n o f th e
f'l i r e c t o r • ,. a y c o m p e l t h e ·• t t ~ nd an c e o f • i t n e • s c s , t h r
~r o ~ucti o n o f bo o ks , o ~oe rs , r eco r ds or ~e mor a nd a ana t h P
r i v i ~c o f test t ~o ny be f o re t c Dir ecto r or a ny of hi s du l y
~ut ho ri ?ea ag e nt H• h y a n ~t t a c h m en t t o r c o nt emp t, or
o t h ·r ~i se , i n th e s 2 ~e wann e r s o r on uc t io n o f evid e nc e ~ay r ~
rc mo •Ll ed b e f c r e ~~i n Cc ur t .
U"JP II D TA X ll r>R I OR U fi\J : I • •
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The t?x es i~o o s ed by Section q-~-~-1 shall constitut e a first
1n d o ri o r li en u pon a ny tan q ibl e oerson a l orooerty which 4s
th e s~b j e ct o f a ny transacti o n uoon wh ich said tax 1s dueo
u rtil the sa me is p di d .
l nc t nx ts imoosed b y Section 4-4-4-2 sh ~ll be a first and
or i ~r li P n upon the goo a s ana business fixtures owned or use d
t y an y r e t ai l e r required by the provisions of Section 4-4-4-7
to su ~mlt a r eturn a nd ma ke pa y ment of the taxes collected,
exce o t th ~ s t o c k o1 oooos h e lo for sale in the ordinary cour se
o f ~u s 1n e 5s o until sa i d tax e s are paid in full.
Th liens creat ed bv ~ and B a bov e shall he construed to be
liens 3nd encu~brnnces uoon the specific it em s of personal
o r oo t r ty therein ('n u mer ated , and shall take precedence over
~ll CJt h ··r liens, e ncumbranc es or clai10s of wh a tsoever nature
r nd !hall immedi a t P ly a ttach to such it e ms without the
n e c es sity ct the f ilin g o f d ny not ic e of li e n there o f.
F NFORCEM [NT OF TAXES AND FORECLO SURE OF LI ENS :
If ~ny t a x ~s. p~nalty or int ~rest i~pos r.d by this Ch apter and
sh o wn o u e by returns filed by the taxpayer, or a s shown by
3 SS~~sm~nt duly m3oe a s p rovl oed herein, a re not paid within
f ift een 1 1~) ca ys 3 ft e r the same a re due, th e Director sh a ll
I s suE J wa rrant un d er his offici a l seal d1rected to ~ny du ly
~ut ~rrize a revenu e collector . or to th e sheriff of a ny county
i n t h is S t d te comm n nJin a him to l e vy uoono seize and sell
s uffl c i ~~t pe r son a l oroa ~rty of the t ax rlPbtor which is
£Uh j e ct t o the lien ~ cr~a ted by S ec tion 4-4-14 foun d within
~is cr unty t~r th e pa ym e nt of the am ount d u e , tooeth e r with
1nt ~rcst , penalties a n rt c o sts .
P . ~imult one ously with the issu a nce of s a id warranto the Direct o r
Sh d ll I ss u e & n o t1c c of ta x li•r o settlnn forth the name of
h e t,x p ly P r , the amo unt of •he tdx , Pen a lties, int Prest dna
~og t <o th e da te of the a c c r ud l th ~reof, and that th~ Ci ty
cl "i"s a first a no p r io r li ~n t h erefore on the tanq ible
pe r s o n ol r rnp e rty o 1 th e tJ • o;;y re r subject to said l1 ens .
c . 'uc r ro tl ce s h~ll ~e o n f o r ms or~p a red by t~e Director, shall
~e v r r lf1 d b y hi m d~d s r a ll he filed i n the office of the
c l e r k ana r e c o r de r o f dn y c oun ty in th1 s ~t ~t ! 1n which the
t ~x ra ,n r l wn s t anaib l e OP r scn1 l orop e rty s ubject to s~i o
l1 o.n o;.
r . ~pon thr tili ne of sAi~ no t ice n f l1 e n• the P.ffective d v t• o t
Said Li en sh~ll r e l rlt b a ck tn t~e d at ~ o 1 the first tawahl e
tr~nsa ctl on f o r wh1ch an y t a x i s 1 UP o
~~T J C F S ~fNT P Y ~A IL: All n o tlc ~s r e quired tc b e ~iv ~n
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t c thr r ?t a ilPr o r v e~d or under th e provisions of this
•.., •pre r .~ral l t.E' in wr ~ti n g o "'dt if 'l!ailedt postpaid by certified
t r r ·•9 i st~r ed ~ail , r e turn receipt r e ouesteo, to him at his last
kr :wr ~dd ress. sh a ll be sufticie"'t for the purpose of this
( J;.,t e r.
'•-4-1 7 : LIMITAllON S :
~. lhe tj xes fer any perioo, to o ether with int!'rest th e reon and
pen ~lti es with r espe ct thereto, imposed by this Chapter shall
not h e a•sessed, nor shall any notice of lien be tiledo or
c istraint warrant be issued, or suit for collection be
in stituted, or any other a ction to collect the same be
co mM ~n ce d ~ore than three 1 3 l years after the d~te on which
the t LX was or is p a yable. No r shall any lien continue after
SL r n reri o d • exce o t for taxes assessed before the expiration
11 1 such p erioo. notice of li en with r esoec t to which has bee••
file d o rior to th e exoiration of s uch period; in which cases
s uc h lien shall c~nt1nu ~ only tor one I l l year after the
t ili ne o f "'otice thereat.
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In t"te c .. se of a f a l~e or fr a udulent return with intent to
e v a oe t a x. the t a x• to1et~er with inter ~st and oenalties
th c r ecn may be a ssessed , or o ro c eeoin QS for the collection of
!.uc ~ ta•es ~.·JY be oeQu"1 at an y t illleo
A•f ore the expir ~tion o f such p e riod of li"'itationt the
t ~x oaye r a nd th e O ~r e ctor ~3 y aar cc in writing to ~n extensi o n
th ~r ec f.a nd the p~rioo so aar e ed on may be extended by
s uh s eo u eon t agrcem!'nls in wr i in,.,.
q -4-lP.: LR VICE CHARG E ON RflUPNrO CHECKS: If a check In
P A y~ent o f ~ny soles =r usr tax 1s r et urne d unoaido a
•r ocessin~ ch b r r.e of five dollars ($5 l sh 3 ll be added to any
-~~unt o uc ~n c o win ~.
4 -4-1 ~: UNLA WFUL ACTS:
a , A ~v ~r t1sr Abso rp tion o f T?.x. Jt sh~ll be unl~wful tor anv
r rt .il.er to a cvert•s c:, to halo "1U t or t o -;tate to the public
c r t ' dny conbum•r • d ir ect l y o r 1 nd 1rec t lyo that the tax or
'nv ~o rt the r eof imooscd b y h i s t.haoter w1ll be assume d or
-bsorbeG Dy the rrt J il~r. or th•t it will n o! be added t o th f
~~ll irq p ric~ o f the oronrrty sol d ; or if added, that any part
h •r ~c f wil l be rrfu"'d~d .
t . r i~rec n r d for Ru l es : P~na l ty Assessed .
It •n y nd rl r f a dcfic1 f'nCy in t ;u pa y111ent is d ue to
n J li ~~n ce or 1nt Ertion 3 l oisre1 rd n f •uth or1zed rul •s and
r er:ul ;ti ono; with knowl edqe hP.r eo fo but without int e nt to I • •
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~e fr ~~d , t h e r t s ha l l o~ Hdded t e n p e rcent C10 X> of the t ot a l
"'"'o urt o f the def i ci e n c y ; a n d i n s uch Cil set int e rest shall b e
c c ll ~ c t e e1 a t t he r a t e o t o n.. pe r c eo n t C1 X ) p e r month on t he
~~o u n t o f t h e de fici~n cy fr om tn e time the return was dueo
t r o ~ th e re r so n r ~c u i r ed to fil e t he return, which 1nteres t
.;r a uc o "tio n sh a ll be c om e du e an d payable within fifteen 11 5 >
On y s a t t e r writt e n not ice a nd oema nd by the 01rector.
If ;o n y pa rt of t he deficie n cy 1s due to fraud w1th the
in t Lrt to e vade the t a x. th e n there shall be added f1fty
;e r c ~n t c ~n x> of th e tot a l am ount of the def1c1ency, an d in
s uch c ase th e whol e a mount of the tax unp a 1dt 1nclu rl 1n ~ the
~~o i tions , sh a ll b e co "'e due an d p a yable t1tt~en C15> days
,t t e r wr 1 tten n oti c e a n a de mand by t h e n 1rect o r and an
dd l: i o n a l on e pe r c e n t Cl X l rlf'r mon th on s a1d amounts s h a ll b"
~c de c fr ol!' the d a t e the r e tur n was c u e u nt1l oaid.
It s h a ll be un l ~wful f or a ny oe rson to w1lfully mak e,
p reo n r c o r sub mi t a ta x r n t ur n o or o t he r d ocum en t• co n t a 1 n 1 nr
1 ry f a l ~~ s t atem e nt , o r to w i lf u ll y ma k e a false st 3 ta~e nt i n
r n y 1nv e s t i qa t 1on or he a r in ~, wh i ch ma y a ffec t the t a x
l i e bili t y o f a n y ne r son .
Qe fic ienc y Amo u n ts .
Wi th r e sp e ct t c t r ansa cti o n s c c~summa t e J on or a ft e r J an u a r y
l o l 0 ~f , th a t r ~F u l t in de fic 1 e~c y a~oun t s a s def1n ~d 1n t h1 s
sec ti cn , the dn nu~l r a t e o f int ~r ~s t sh a l l b e t hat e st a blis h ed
r y t he r t ~te Co ~~is si on~r of Aan k 1n a o ur s u a nt to 39 -2 1-11 0 .5 ,
C.P .S .
!ntr ccu c e o , r ead •n full , ~nd n a~sed o n fir s t r e a di n g on th r
4 h c .t c ~ ~c v ~~b~r , 1 9Q~.
Pu l1 5h"l as a u 1 ll f o r ;o n "r d \n .:n c e o n h e '-th dav o f
r,r-v errre r, 1qpr .
f.-e J oy it l e and l:li!SS!'t1 O'l ti~al rP a oin o o n th e lP.th dl'ly o f
'.vcl!'Ler . 19h'.
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t u ~-l'shp c by titl !' ~s Or d i n a nc e No .
th a a y o f ~o v!'moP r . 19 Y~ •
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lo GL ry P . H1 goee , e x o ffic io Ci ty Clerk-Treasur e r of the
C'ty c f £n~l e w oo a o f.olor udo o here o y cert ify that the above and
f~r er.o 1n r. is ~ t r ue a nd c omp l e t e copy of the Ordinance o 3 ssed on
f 1n o l r ead 1 n ~ 3 n d oubl 1 shc o oy title as Ordinance No. • Se ri e~
r.f :ql-5 .
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ORDINANCE NO. j(~
SERIES OF 1985
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COUNCIL BILL NO. 89
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING THE CITY MANAGER'S PROPOSED BUDGET AND ADOPTING THE
BUDGET OF THE CITY OF ENGLEWOOD, COLORADO , FOR THE FISCAL YEAR 1986.
WHEREAS, pursuant to the provisions of Part I of Article X of the
Charter of the City of Englewood, Colorado, adopted by the voters on July 8,
1958, a budget for the fiscal year 1986 was duly submitted by the City Manage r
to the City Council before September 15, 1985; and
WHEREAS, a public hearing on the said budget was held by the City
Council within three weeks after its submission at the meeting of the City
Council on September 23, 1985, regular notice of the time and place of said
hearing having been published within seven days after submission of the
budget, the manner provided in the Charter for the publication of ordinance ;
and
WHEREAS, the City Council of the City of Englewood has given
considerable study to the aforementioned budget on numerous occasion s; and
WHEREAS, it is the intent of the City Council to amend the 1986
budget as submitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , as follows:
Section 1. That the budget of the City of Englewood, Colorado, for the fiscal
year 1986, as submitted by the City Manager and duly considered by the City
Council after public hearing, be and hereby is adopted including the followin g
amendments, as the budget for the City of Englewood for the fiscal year 1986 .
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Section 2. General Fund
Pro~osed Amendments Amended Budget
Fund Balance, January $ 2,119,957 $ $ 2,119,957
Revenues
Sales/Use Tax 12,119,924 12,119,924
Property Tax 1,000,000 [84,986] 915,014
Franchise/Occup./Cig.Tax 2,026,000 2,026,000
License/Permits 372,500 372,500
Intergovernmental Trasnfer 620,000 620,000
Charges for Services 727' 920 727,920
Cultural & Recreation 431,418 35,669 467,087
Fines & Forfeitures 271,000 271,000
Miscellaneous 217,000 217,000
Total Revenues $17,785,762 $ [49,317] $17,736,445
Transfer from Other Funds
Revenue Sharing 625,968 625,968
Public Improvement Fund 66,411 66,411
( Total Revenues/Transfers $18,478,141 $ [49,317] $18,428 ,824
Total Funds Avail ab 1 e $20,598,098 $ $20,548,781
Ex~enditures
Legislation $ 488,378 $ [3,880] $ 484,498
Municipal Court 348,421 [4,976] 343,445
Administration 2,172,883 [18,124] 2,154,759
Engineering Services 351,365 [2,348] 349,017
Public Works 2,725,583 [13,751] 2, 711,832
Fire 3,472,780 19,746 3,492,526
Police 4,659,616 [19,278] 4,640,338
Community Development 697,972 [4,575] 693,397
Library 697,083 [12,242] 684,841
Parks & Recreation 3,017,234 [230,931] 2,786,303
$18,631,315 $ [290,359] $18,340,956
Transfer to PIF 400,000 225,968 625,968
Total Expenditures $19,031,315 $ [64,~ $18,966,924
I • c Fund Balance, December 31 s 1,566,783 $ 15,074 $ 1,581,857
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Section 3. Public Improvement Fund
Pro~osed Amendments Amended Budget
Balance , January lst $ 0 $ 0 $ 0
Revenues (includes
Transfers) 1,875,000 225,968 2,100,968
Expenditures Close -outs 0 0 0
Funds Available $ 1,875,000 $ 225 ,968 $ 2,100 ,968
Expenditures
little Dry Creek s 539,000 $ s 539,000
Road and Bridge 400,000 400,000
Downtown Improvements 270 ,000 270,000
Paving District 400,000 400,000
Sidewalk Repairs 50,000 50,000
Special Project Engineer 45,000 45,000
Communication & Equipment 100,000 100,000
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Sinclair Pool Repair 35,000 35,000
Solid Waste Study 10,000 10,000
Traffic Engineer Tech . 26,000 26 ,000
Greenway Trail System 35,000 35 ,000
Playground Equipment
Replacement 60,000 60,000
Total $ 1,875,000 $ 95,000 $ 1,970,000
Balance, December 31 0 $ 130,968 $ 130,968
Section 4. Enterprise Funds
Pro~osed Amendments Amended Budget
Water Fund $ 3,489,047 $ [7,427] s 3,481,620
Sewer Fund 4,808,366 [4,353] 4,804,013
Golf Course Fund 584,180 [859] 583,321
Section 5. Internal Service Funds
Internal Service Fund $ 1,161,426 $ [3,956] $ 1,157,470 I • c Section 6. Bi -City Joint Venture Fund
Bi-City Fund s 6 ,454,245 $ [14,172] $ 6,440 ,073
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Section 7 . Debt Service Fund
Revenues
Transfers In s 122,000
Property Tax 4251000
Total Revenues $ 547,923
Section 8 . Lottery Fund
Revenues s 122,000
Total Revenues $ 1221000
Expenditures s 122,000
Total Expenditures $ 1221000
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s 23,898
[231898]
$ 0
$ 23,898
$ 231898
s 23,898
s 231898
s 145,898
4011102
s 547,923
s 145,898
s 1451898
s 145,898
s 1451898
Section 9. That the said budget as amended and accepted shall be a public
record in the fofice of the City Clerk and shall be open to public inspection .
Sufficient copies thereof shall be made available for the use of the City
Council and the public, the number of copies to be determined by the City
Manager.
Introduced, read i n full, and passed on first reading on the 4th day
of November , 1985.
1985.
Published as a bill for an ordinance on the 6th day of November,
Read by title and passed on final reading on the 18th day of
November, 1985 .
Published by title as Ordinance No.
20th day of November , 1985. , Series of 1985, on the
Eugene l. Otis, Mayor
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Attest :
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, hereby certify that the above and foregoing is a true,
accurate and complete copy of the Ordinance passed on final reading and
published by title as Ordinance No . , Series of 1985.
Gary R. Higbee
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ORDINANCE NO. ~
SERIES OF 1985
BY AUTHORITY
COUNCIL BILL NO. 90
INTRODUCED BY COUNCIL
MEMBER VANDYKE
AN ORDINANCE APPROPRIATING MONIES FOR All MUNICIPAL PURPOSES IN THE CITY OF
ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1986 AND ENDING
DECEMBER 31, 1986, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1986.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That there be and there hereby is appropriated from the revenue
deriving from taxation in the City of Englewood, Colorado, from collection of
license fees and from all other sources of revenue during the year beg inni ng
January 1, 1986 and ending December 31, 1986, the amounts hereinafter set
forth for the object and purpose specified and set opposite thereto, specifically as follows, to wit:
Legislation and Counsel
Mun ici pal Court
Administration
Engineering Services
Public Works
Fire
Police
Community Development
library
Parks and Recreation
General Fund
Total Operating
Transfer to Public Improvement Fund
Total
Public Improvement Fund
Construction of Major Capital Projects
Debt Service Fund
Total Debt Service Fund
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s 484 ,498
343,445
2,154,759
349,017
2, 711,832
3,492,526
4,646,338
693,397
684,841
2,786,303
18,340,956
625,968
$18,966,924
s 1,970,000
s 547,923 I • •
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Water Enterprise Fund
Total Water Enterprise Fund $ 3 ,481,620
Sewer Enterprise Fund
Total Sewer Enterprise Fund $ 4,804,013
Golf Course Fund
Total Golf Course Fund $ 583 ,321
Conservation Trust Fund
Total Lottery Fund
$ 145,898
Revenue Sharing
General Fund -Public Safety
$ 851,199
GENERAL TOTAL
$31,350,898
Section 2. The foregoing appropriations shall be considered to be
appropriations to groups within a program or department within the fund
indicated but shall not be construed to be appropriated to line items within
any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1986.
Section 3. All monies in the hands of the Director of Finance, or to come
into his hands for the fiscal year 1986 , may be applied on the outstanding
cl a ims now due or to become due in the said fiscal year of 1986.
Sec i on 4 . All unappropriated monie s that may come into the hands of the
Di r ec tor of Finance during the year 1986 may be so distributed among the
r e s pec t i ve funds herein as the City Counc i l may deem best under such control as is provided by law.
Secti on 5. During or at the close of the f i scal year of 1985 , any surplus
mo ne y in any of the respective funds, after all claims for 1985 against the
s ame have been paid, may be distributed to any other fund or funds at the disc ret i on of the City Council .
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Introduced, read in full , and passed on first reading on the 4th da y of November, 1985.
1985 . Published as a bill for an ordinance on the 6th day of November ,
Read by title and passed on final reading on the 18th day of November, 1985.
Published by title as Ordinance No .
20th day of November, 1985 .
Attest:
ex officio City Clerk -Treasurer
----· Series of 1985, on the
Eugene L. Otis, Mayor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of
Englewood, Colorado, hereby certify that the above and forego in g is a true ,
accurate and complete copy of the Ordinance passed on final reading and
published by title as Ordinance No. ____ , Series of 1985 .
Gary R. Higbee
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0 fiC E OF MUHIC IPAL ELEC T IOH
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BY AUTHORITY
ORDINA!CE W.j_rf
SERIES CF 1985 ClXltCIL BILL W. 80
I~ BY COUtCIL
MFMBER VOOEJD.\
AN ORDINAICE AMENDING THE CCMPREHENSIVE ZONING ORDINA!CE (TITLE XVI
OF EN:Z.&KX>D MUNICIPAL <XlDE) BY ADDING A NFloi sa::'I'ION 16.4-21 ,
SATELLITE DISH Am'ENNAS.
WHEREAs, many citizens have expressed concern regarding the
installation of satellite dishes, both in the residential and
CQIIIIercial zone districts, in locations llilich detract fran the
appearance of that and adjacent properties; and
loliEREAS, there has also been concern that roof-mounted dishes
should be certified by an engineer to be structurally sound and
stable; and
WHEREAs, the Englewood Planning Catmission considered pro-
posed regulations at a public hearing on September 17, 1985 at
which no persons were present to speak either for or against the
proposed regulations; and
WHEREAs, the Planning Catmission recaqoeuded the ordinance be approved as they amended it ;
NOW, 'rnEREFORE, BE IT ORDAINED BY THE CITY COUtCIL CF THE
CITY OF ENGLflolOCO, COLORADO:
Section 1. '!hat Title XVI (the Canprehensive Zoning
Ordinance) is hereby amended by adding a new Section 16.4-21,
Satellite Dish Antennas, to read as follows:
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Section 16.4-21 Satellite Dish Antennas.
a. Statement of Intent. The purpose of this section is to set standards for
the use of satellite receive-only earth stations in order to safeguard
the health, safety, and enjoyment of all the citizens of Englewood. The
City Plann ing and Zoning Commission and the City Council recognize that
residents of the City may wish to add to their television viewing pleasure
by installing satellite dishes to improve reception or increase the number
of choices available. It is the intent of this Section to facilitate the
use of satellite dishes for those citizens who wish to enhance their
television viewing and also to protect the health, safety and aesthetic
ob jectives of all who live and/or work in Englewood.
b. Applicability of Ordinance Standards.
(1) These regulations shall apply to any installation of satellite receive-
only earth stations in the following districts.
(a) Residential Districts: R-1-A, R-1-B, R-1-c. R-2. R-2-C.
R-2-C/S.P.S., R-3, and R-4.
(b) Commercial Districts: B-1 and B-2.
(c) Industrial Districts: I-1 and I-2.
(2) When a satellite dish, which was installed prior to the adoption of
this Ordinance and not in compliance with this Ordinance, is changed
or exchanged for another dish, the new mount shall comply with the regulations of this Sect ion.
c. Installation Requirements.
(1) All Districts.
(a) Permdts shall be secured for all satellite dishes and proper
inspections secured during installation.
(b) Any roof-mounted satellite dishes shall have an Engineer's
Certificate, verifying that the roof-mounting is structurally sound and stable.
(c) Satellite dish antennas shall be of a color harmonious with the
surroundings. There shall be no advertising in words or in
pictures, other than the manufacturer's name in small letters.
(d) Satellite receive-only earth stations, referred to as "satellite
dishes", shall be considered as accessory structures.
(2) Individual Districts.
(a) R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S.
(i} Satellite dishes shall not be mounted in front yards.
(11) Satellite dishes shall be mounted behind the front building
line of the principal conforming structure. If the adjoining
property has a conforming principal structure located
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behind that building line, the dish shall be mounted in
back of the front building line of the adjoining property.
(iii) The height of a free-standing ground-mounted satellite dish
shall be limited to 10 feet at the top of the pole.
(iv) The dish shall be mounted no closer to the property line
than the setback requirements for accessory structut·es in
the zone district in which the property is located.
(v) Satellite dishes shall not be mounted on the roof of the residential structure.
(vi) When a ground-mounted satellite dish must be elevated over
a building for access to the transmitting satellite, the
pole shall be attached to the structure and the dish height
shall be the minimum necessary, as determined by the Chief Building Inspector.
(b) R-3, R-4.
(i) Satellite dishes shall not be mounted forward of the front building line.
(ii) Satellite dishes may be mounted on roofs on residential
buildings of more than four units only or on other non-
residential principal permitted uses.
(iii) Any roof-mounted satellite dish shall have an Engineer's
Certificate submitted to the Building Department, verifying
that the roof mounting is sound and stable.
(iv) Placement of ground-mounted dishes shall meet the same
setback requirements as other permitted accessory uses,
except the height limitation, which is ten feet bo the top of the pole.
(v) When a ground-mounted satellite dish must be elevated over
a building for access to transmitting satellites, the pole
shall be attached to the structure, and the dish height
shall be the minimum necessary as determined by the Chief Building Inspector.
(c) B-1, B-2.
(i) Satellite dishes shall be mounted on roof tops or in open
apace. Space for the dish shall not be included in the required landscaped areas.
(11)
Ground-mounted satellite dishes shall be placed in back of the front building line.
(iii) Satellite dishes shall not be mounted on any temporary
structure or any vehicle, except for siting purposes.
(iv) Roof-mounted satellite dishes shall have an Engineer's
Certificate submitted to the Building Department •
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(d) I-1, I-2.
Definitions.
(i) Ground-mounted satellite dishes shall not be located
in the area reserved for landscaping.
(ii) Satellite Dishes shall not be mounted on any temporary
structure or any ve~icle, except for siting purposes.
(iii) Any roof-mounted satellite dishes shall have an Engineer's
Certificate.
Satellite Dish. The satellite receive-only earth station antenna consists of
1) Dish antenna which receives communication from satellites in orbit; 2) A
low-noise amplifier (lna) at the focal point of the receiving component; and
3) A coaxial cable to carry the signal to the satellite receiver, which
transforms the low-frequency signal to a television signal.
Satellite Receiver. The satellite receiver resembles a stereo receiver or
amplifier with an array of knobs and controls. It is usually located near
the TV set and allows tuning of any of the channels coming from the satellite.
Another control rotates the dish to select which satellite at which to aim the antenna.
Harmonious Color . The color is preferably a neutral color: off-white, black,
Dark green, or metallic, un l ess the background is such that one of those would
not blend well with the surroundings.
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Ground-Mounts. The typical ground-mounted satellite ~ the antenna aounted
on a pole 11'hieh b ~!; inches in dhana•,ke•••whleh :la at least three feet
deep in the ground, ~. The cable to the receiver ia buried in the
ground between the antenna and the structure •
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(d) l-1, I-2.
Definitions.
(1) Ground-mounted satellite dishes shall not be loc at d
in the area reserved for landscaping.
{ii) Satellite Dishes shall not be mounted on any temporary
structure or any vehicle, except for siting purposes.
{iii) Any roof-mounted satellite dishes shall have an Engineer's
Certificate.
Satellite Dish. The satellite receive-only earth station antenna consists of
1) Dish antenna which receives communication from satellites in orbit; 2) A
low-noise amplifier (lna) at the focal point of the receiving component; and
3) A coaxial cable to carry the signal to the satellite receiver, which
transforms the low-frequency signal to a television signal.
Satellite Receiver. The satellite receiver reseMbles a stereo receiver or
amplifier with an array of knobs and controls. It is usually located near
the TV set and allows tuning of any of the channels coming from the satellite.
An o ther control rotates the dish to select which satellite at which to aim
the antenna.
Harmonious Color. The color is preferably a neutral color: off-white, black,
Dark green, or metallic, unless the background is such that on e of tho se would
not blend well with the surroundings.
Grou:ld-tlounts. The typical ground-mounted satellite has the antenna mounted
on a pole which is at least three feet deen in the gr o un d , en c ased in c oncrete
at least eight inches in diameter. The cable t o the rec eiver i s b u ri ed in t he
gro un d between the antenna and the structure .
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Section 2. The following legal provisions shall apply to
this ordinance:
A. Separability Clause. If any article, section, sub-
section, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect
the validity of the rema ining portion of this ordinance. The
Council of the City of i'bglewood hereby declares that i f would have
phrased this ordinance and each article, section, subsection,
clause or phrase hereof, irrespective of the fact that any one or
more articles, sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
B. Violation and Penalty. Any person, firm or corporation
that violates, disobeys, an1ts, neglects or refuses to canply with
or resists the enforcement of any of the provisions of this
ordinance shall be fined as set forth in Section 16.7-4 of the
Comprehensive Zoning Ordinance.
Section 3. Hearing. In accordance with Section 40 of the
City Charter, the City Council shall hold a public hearing on this
ordinance, before final passage, at 7:30 p.m. on November 18, 1985.
Introduced, read in full, and passed on first reading on the
21st day of October, 1985 .
Published as a Bill for an Ordinance on the 23rd day of
October, 1985.
Read by title and passed on final reading on the 18th day of November, 1985.
Published by title as Ordinance No.
the 20th day of November, 1985.
Attest:
ex off1cio C1ty Clerk-Treasurer
__ , Series of 1985, on
fugene L. ot1s, M;tyor
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of i'bglewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and canplete copy of the Ordinance
passed on final reading and published by title as Ordinance
No. __ , Series of 1985.
Gary R. Higbee I • •
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BY AUTHORITY
ORDINANCE NO. ~
SERIE S OF 198_5 __ __
!Ob
COUNCIL BILL 91
INTRODUCED BY CO UNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
THE CITY OF ENGLEWOOD, COLORADO, VARIABLE RATE
DEMAND MULTIFAMILY HOUSING REVENUE BONDS (THE MARKS
APARTMENTS) 1985 SERIES A, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $12,200,000 TO FINANCE
RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND PERSONS: RATIFYING CERTAIN ACTION
HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF A LOAN AGREEMENT, INDENTURE
OF TRUS~, LAND USE RESTRICTION AGREEME~T, BOND
PURCHASE AGREEMEN T , SUCH BONDS AND CLOSING
DOCUMENTS IN CONNECTION THEREWITH; MAKING
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME
FAMILIES AND PERSONS," AS TO THE SUFFICIENCY OF
REVEN UE S AND AS TO OTHER MATTERS RELATED TO THE
RESIDENTIAL FACILITIES; AND REPEALING ACTION
HERETOFORE TAKEN IN CONFLICT HEREWITH.
WHEREAS, the City of Englewood, Colorado (the "City")
is authorized by the County and Municipality Development Revenue
Bond Act, constituting Sect ions 29-3-101 through 29-3-123,
inclusive, Colorado Revised Stat ut es (the "Act"), to f inance one
or more projects, including any land, building or other
improvement, and all real and personal properties, whether or not
in ex istence, which shal l be suitable for residential facilities
for low-and middle-income families or persons and intended for
use as the sole place of residence by the owners or in tended
occupants to the end that more adequate residential housing
faci lities for low-and middle-income families and pe rsons may be
pr ovid ed, which promote the public h ea lth, welfare, safety,
convenience and prosper ity; and
WHEREAS, the Act a uthori zes the C i ty (i) to is sue its
revenue b o nds for the purpose of defraying the cost of financing
any project and all incid enta l expenses in curred in connection
with the issuance of such bonds, ( ii) to e nt er into fi nancing
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agreements with others for the purpose of providing revenues to
pay the bonds authorized to be issued under the Act and upon such
terms and conditions as the City Council of the City may deem
advisable, and (iii) to secure the payment of the principal of,
premium, if any, and interest on such bonds as provided in the
Act; and
WHEREAS, the City has determined that it is advisable
and in the best interests of the City to issue, sell and deliver
its Variable Rate Demand Multifamily Housing Revenue Bonds (The
Marks Apartments) 1985 Series A, in the aggregate principal
amount of $12,200,000 (the "Bonds"), to Citicorp Investment Bank,
Citibank, N.A. and Hanifen, Imhoff Inc. (the "Underwriters") in
order to provide financing to HG Venture, a Texas limited
partnership (the "Developer"), for the acquisition, construction
and installation of the first phase of a multifamily rental
housing project (the "Project") which is to be located within the
City, occupied by persons of low and middle income, as determined
by the City, and occupied partially by individuals of low or
moderate income within the meaning of and for the period required
by Section 103(b)(l2) of the Internal Revenue Code of 1954, as
amended (the "Code"), all for the public purpose of providing
more adequate residential housing facilities for low-and
middle-income families and persons; and
WHEREAS, in order to provide such financing, the City
will make a loan from the proceeds of the Bonds to the Developer
pursuant to a Loan Agreement dated as of December 1, 19 85 (the
"Loan Agreement"), between the City and the Developer, and the
Developer will acquire, operate and maintain the Project in
accordance with the requirements of the Act and
Section 103(b)(4)(A) of the Code; and
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WHEREAS, the Bonds will be secured by ( i) a pledge of
the Loan Agreement, ( i i) a pledge of the revenues and receipts
derived by the City pursuant to the Loan Agreement, (iii) a First
Deed of Trust, Assignment of Rents, Security Agreement and
Fixture Filing dated as of December 1, 1985 (the "Deed of
Trust"), from the Developer to the Public Trustee of the County
of Arapahoe, Colorado, and (iv) a Letter of Credit to be issued
by Citibank, N.A. (the "Bank"), to Mellon Bank, N.A., as Trustee
(the "Trustee"), pursuant to a Reimbursement Agreement dated as
of December l, 1985, among the Developer, the Bank and Citicorp
Real Estate, Inc., as agent for the Bank (the "Servicer"); and
WHEREAS, on July 1, 1985, the City Council of ~he City
adopted a resolution whereby the City agreed to authorize the
issuance and sale of the Bonds, it being understood that no costs
of issuance and sale were to be borne by the City and that the
necessary financing documents were subject to formal approval by
ordinance of the City Council; and
WHEREAS, there have been presented to the City Council
( i) the proposed form of Loan Agreement, ( ii) the proposed form
of Indenture of Trust dated as of December 1, 1985 (the
"Indenture"), between the City and the Trustee, (iii) the
proposed form of Land Use Restriction Agreement dated as of
December 1, 1985 (the "Land Use Restriction Agreement") among the
City, the Trustee, the Developer and the Servicer, (iv) the
proposed form of Bond Purchase Agreement dated December ....!..!!_,
1985 (the "Bond Purchase Agreement"), between the City and the
Underwriters, and (v) the proposed form of Preliminary Official
Statement (the "Preliminary Official Statement"), to be
distributed by the Underwriters to prospective purchasers of the
Bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
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Section 1. All action (not inconsistent with the
provisions of this ordinance) heretofore taken by the City
Council and the officers of the City directed toward the
financing of the Project and the issuance and sale of the Bonds
therefor be, and the same is hereby, ratified, approved and
confirmed.
Section 2. The City shall finance the Project subject
to the terms of the Loan Agreement, the Indenture and the Land
Use Restriction Agreement, by the issue, sale and delivery of the
Bonds.
Section 3. To defray the cost of such financing, there
is hereby authorized and created an issue of revenue bonds
designated before conversion of the interest rate borne by the
Bonds to the Fixed Rate (as defined in the Indenture), as the
"City of Englewood, Colorado, Variable Rate Demand Multifamily
Housing Revenue Bonds (The Marks Apartments) 1985 Series A," and
after such conversion of the interest rate borne by the Bonds to
the Fixed Rate (as defined in the Indenture), as the "City of
Englewood, Colorado, Multifamily Housing Revenue Bonds (The Marks
Apartments) 1985 Series A," in the aggregate principal amount of
$12,200,000, issuable as fully registered bonds in the
denomination, before conversion of the interest rate borne by the
Bonds to the Fixed Rate, of $100,000 principal amount or any
integral multiple thereof, and after such conversion of the
interest rate borne by the Bonds to the Fixed Rate, of $5,000
principal amount or any integral multiple thereof, dated as
provided in the Indenture and maturing on December 15, 1997.
Interest accrued on the Bonds during each Interest
Per i od (as defined in the Indenture) shall be paid on each
Interest Payment Date (as defined in the Indenture) and (except
as otherwise provided in the Indenture following conversion of
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the interest rate borne by the Bonds to the Fixed Rate) computed
on the basis of 365 or 366 days, as appropriate, for the actual
number of days elapsed.
From the date of initial issuance and delivery of the
Bonds to and including January 6, 1986, the Bonds shall bear
interest at the rate per annum determined by Citibank, N.A., as
Remarketing Agent (as defined in the Indenture), to be the
interest rate which, if borne by the Bonds, would, in its
judgment having due regard for prevailing financial market
conditions, be the interest rate necessary, but which would not
exceed the interest rate necessary, to produce as nearly as
practicable a par bid (disregarding accrued interest, if any) if
all the Bonds were sold on the Interest Computation Date (as
defined in the Indenture) preceding the date of issuance and
delivery of the Bonds; provided, however, that the interest rate
so determined shall not be less than 80\ nor more than 120\ of
the Interest Index (as defined in the Indenture) as of such
Interest Computation Date preceding the date of issuance and
delivery of the Bonds; and provided further that such interest
rate shall not exceed 14\ per annum unless and to the extent that
a Letter of Credit satisfying the requirements of the Loan
Agreement is delivered to the Trustee in an amount equal to the
aggregate principal amount of the Bonds plus interest thereon for
a period of 95 days at such higher rate. Thereafter, unless the
interest rate on the Bonds shall have been established at the
Fixed Rate as provided in the Indenture, the interest rate borne
by the Bonds shall be a variable rate determined as follows: for
each Interest Accrual Period (as defined in the Indenture), the
interest rate borne by the Bonds shall be that rate determined by
the Remarketing Agent on the Interest Computation Date for such
Interest Accrual Period to be the rate of interest which, if
borne by the Bonds, would, in its judgment having due regard for
prevailing market conditions, be the interest rate necessary, but
whi ch would not exceed the interest rate necessary, to produce as
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nearly as practicable a par bid (disregarding accrued interest)
if all the Bonds were sold on such Interest Computation Date;
provided, however, that the interest rate so determined shall not
be less than 80\ nor more than 120\ of the Interest Index for
such Interest Accrual Period; and provided further that such
inter est rate shall not exceed 14\ per annum unless and to the
extent that a Letter of Credit satisfying the requirements of the
Loan Agreement is delivered to the Trustee in an amount equal to
the aggregate principal amount of the Bonds then outstanding plus
interest thereon for a period of 95 calendar days at such higher
rate. Upon the satisfaction of certain requirements, the
interest rate borne by the Bonds may be converted from a variable
rate to a fixed rate per annum, as more particularly described in
the Indenture. In no event shall the interest rate borne by the
Bonds exceed 20\ per annum.
The Bonds shall be payable, shall be subject to
redemption prior to maturity and shall be in substantially the
forms as provided in the Indenture. Pursuant to the Bond
Purchase Agreement,
at a private sale
aggregate principal
the Bonds shall be sold to the Underwriters
at a purchase pr ice equal to 100\ of the
amount of t~e Bonds. The net effective
max1mum
interest rate on the Bonds is I 20 \, which rate is hereby
determined to be the maximum net?elffendl:Uft.e interest rate on the
Bonds.
Section 4. Pursuant to Section 29-3-l03(10)(d) of the
Act, the City Council of the City hereby finds and determines
that for purposes of multifamily rental housing projects such as
the Project, "low-and middle-income persons and families" means
and includes any person whose Adjusted Gross Income as defined in
the Loan Agreement), together with the Adjusted Gross Income of
all persons who intend to reside with such person in one dwelling
unit , did not, for the taxable year immediately preceding their
initial occupancy of such dwelling unit, exceed an amount equal
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to 175\ of the Median Gross Income for the Area (as defined in
the Loan Agreement), adjusted for the number of persons who
intend to reside in such dwelling unit in a manner consistent
with maki.ng adjustments for family size for purposes of
determining "lower income families" under Section 8(f)(3) of the
United States Housing Act of 1937, as amended, or such other
amount as may be established from time to time by the City
Council of the City, in accordance with the Act, as the maximum
income for "low-and middle-income persons and families" within
the meaning of the Act, and that such persons and families lack
the financial ability to pay rentals sufficient to induce private
enterprise in the City to build a sufficient supply of adequate,
safe and sanitary dwellings without the special assistance
afforded by the Act.
Section 5. The following determinations and findings
are hereby made in accordance with Sections 29-3-113, 29-3-114
and 29-3-120 of the Act.
(a) The maximum amount necessary in each year to
pay the principal of and the interest on the Bonds is as follows:
Annual Period
to and
Including
December 15
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
Interest
for such
Period
$2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,0 00 .0 0
2,440,0 0 0.0 0
2,44 0 ,0 0 0.0 0
2,440,00 0 .0 0
2,440,000.00
2,440,0 0 0.0 0
2,440,000.0 0
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
Principal to be
Retired in such
Period
s -o--o--o-
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-o--o--o--o-
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Annual
Debt
Service
Requirement
$2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
2,440,000.00
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2002 2,440,000.00 -o-2,440,000.00 2003 2,440,000.00 -o-2,440,000.00 2004 2,440,000.00 -o-2,440,000.00 2005 2,440,000.00 -o-2,440,000.00 2006 2,440,000.00 -0-2,440,000.00 2007 2,440,000.00 12,200,000.00 14,640,000.00
(b) No reserve fund has been established nor is
proposed to be established for the retirement of the Bonds or the
maintenance of the Project and accordingly it will not be
necessary to pay amounts into any such reserve fund.
(c) The terms under which the Project is to be
financed provide that the Developer shall maintain the Project
and carry all proper insurance with respect thereto.
(d) The revenues payable under the financing
documents with respect to the Bonds and the Project are
sufficient to pay, in addition to all other requirements of such
financing documents and this ordinance, all sums referred to in
paragraphs (a) and (c) of this Section.
(e) The revenues payable under the financing
documents with respect to the Bonds and the Project are
sufficient to pay, in addition to all other requirements of such
financing documents and this ordinance, all taxes payable
pursuant to Section 29-3-120 of the Act.
Section 6. The form, terms and provisions of the Loan
Agreement, the Indenture, the Land Use Restriction Agreement and
the Bond Purchase Agreement be and they hereby are approved and
the City shall enter into the Loan Agreement, the Indenture, the
Land Use Restriction Agreement and the Bond Purchase Agreement
substantially in the forms of such documents presented to the
City Council at this meeting; and the Mayor of the City is hereby
authorized and directed to execute and deliver the Loan
Agreement, the Indenture, the Land Use Restriction Agreement and
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the Bond Purchase Agreement and the City Clerk is hereby
authorized and directed to affix the City seal to and to attest
the Loan Agreement, the Indenture, the Land Use Restriction
Agreement and the Bond Purchase Agreement.
Section 7. The City 'cknowledges the use -by the
Underwriters of the Preliminary Official Statement in connection
with the offering of the Bonds to the public. The City
acknowledges the use by the Underwriters in connection with the
sale of the Bonds of a final official statement (the "Official
Statement") to be prepared by the Underwriters and to be
substantially in the form of the Preliminary Official Statement
but containing such amendments as may be deemed appropriate by
the Underwriters. The City makes no representation or warranty
as to, and has no responsibility for, the accuracy or
completeness of the information contained in the Preliminary
Official Statement or the Official Statement.
Section 8. The forms, terms and provisions of the
Bonds, substantially in the form contain~d in the Indenture, be
and they hereby are approved; and the Mayor of the City is hereby
authorized and directed to execute the Bonds and the City Clerk
is hereby authorized and directed to affix the seal of the City
to the Bonds and to attest the Bonds. The signatures of the
Mayor and the City Clerk on the Bonds and the seal of the City on
the Bonds shall be manually affixed or by facsimile.
Section 9. The Mayor is hereby authorized and directed
to execute and deliver to the Trustee the written order of the
City for the authentication and delivery of the Bonds by the
Trustee, in accordance with Section 3.01 of the Indenture.
Section 10. Mellon Bank, N.A., Pittsburgh,
Pennsylvania, is hereby appointed as Trustee, paying agent, and
bond registrar. Mellon Securities Trust Company, New York, New
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York, is hereby appointed as Tender Agent I as defined in the
Indenture), co-bond registrar and co-authenticating agent under
the Indenture. Citibank, N.A., New YorK, New York, is hereby
appointed as Remarketing Agent (as defined in the Indenture) and
Indexing Agent (as defined in the Indenture) under the Indenture.
Section 11. The officers of the City shall take all
action in conformity with the Act necessary or reasonably
required to effectuate the issuance of the Bonds and shall take
all action in conformity with the Act necessary or desirable to
finance the cost of the Project and for carrying out, giving
effect to and consummating the transactions contemplated by this
ordinance and the Loan Agreement, the !!'denture, the Land Use
Restriction Agreement and the Bond Purchase Agreement, including
without limitation, the execution and delivery of any closing
documents to be delivered in connection with the sale and
delivery of the Bonds.
Section 12. The cost of financing the Project,
including incidental issuing expenses, will only be paid out of
the proceeds of the Bonds and none of the Bonds will be the
general obligation of the City nor shall any of the Bonds,
including interest thereon, constitute the debt or indebtedness
of the City within the meaning of the Constitution or statutes of
the State of Colorado or of the home rule charter of any
political subdivision thereof, including the City, nor shall
anything contained in this ordinance or in the Bonds, the Loan
Agreement, the Indenture, the Land Use Restriction Agreement or
the Bond Purchase Agreement, or any other instrument give rise to
a pecuniary liabi l ity of the City or a charge upon the genera l
cred i t or taxing powers of the City, nor shall the breach of any
agreement contained i n this ordinance, the Bonds, or the Loan
Agreement, the Indenture, the Land Use Restriction Agreement or
the Bond Purchase Agreement impose any pecuniary liability on the
City or a charge upon the general credit or taxing powers of the
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City, the City having no power to pay out of its general fund, or
otherwise contribute any part of the costs of financing the
Project, nor power to operate the Project as a business or in any
manner, nor shall the City condemn any land or other property for
the Project nor contribute any land or other property to the
Project. Nothing contained in this ordinance or the Loan
Agreement, the Indenture, the Land Use Restriction Agreement or
the Bond Purchase Agreement shall give rise to any personal or
pecuniary liability of any officer, employee or agent of the
City.
Section 13. After any of the Bonds are issued, this
ordinance shall be and remain irrepealable until the Bonds and
the interest thereon shall have been fully paid, canceled and
discharged.
Section 14. If any section, paragraph, clause or
provision of this ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any
of the remaining provisions of this ordinance.
Section 15. All bylaws, orders, resolutions and
ordinances, or parts thereof, inconsistent herewith and with the
documents hereby approved, are hereby repealed to the extent only
of such inconsistency. This repealer shall not be construed as
reviving any bylaw, order, resolution or ordinance, or part
thereof.
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Section 16. This ordinance shall be in full force and effect
t h irty days after publication following final passage.
Introduced, read in full, and passed on first reading the
4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading the
------------' 1985.
day of
Published by title as Ordinance No. , Series of 1985,
on the ____ day of , 1985.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed
on final reading and published by title as Ordinance No. ,
Series of 1985. -----
Gary R. Higbee
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BY AUTHORITY
ORDINANCE NO._!!!]_
SERIES OF 1985 COUNCIL BILL NO. 92
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ISSOANCE AND SALE OF
THE CITY OF ENGLEWOOD, COLORADO, VARIABLE RATE
DEMAND MULTIFAMILY ROUSING REVENUE BONDS (THE MARKS
APARTMENTS) 1985 SERIES B, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $18,100,000 TO FINANCE
RESIDENTIAL FACILITIES FOR LOW-AND MIDDLE-INCOME
FAMILIES AND PERSONS; RATIFYING CERTAIN ACTION
HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF A LOAN AGREEMENT, INDENTURE
OF TRUST, LAND USE RESTRICTION AGREE~ENT, BOND
PURCHASE AGREEMENT, SUCH BONDS AND CLOSING
DOCUMENTS IN CONNECTION THEREWITH; MAKING
DETERMINATIONS AS TO "LOW-AND MIDDLE-INCOME
FAMILIES AND PERSONS," AS TO THE SUFFICIENCY OF
REVENUES AND AS TO OTHER MATTERS RELATED TO THE
RESIDENTIAL FACILITIES; AND REPEALING ACTION
HERETOFORE TAKEN IN CONFLICT HEREWITH.
WHEREAS, the City of Englewood, Colorado (the "City")
is authorized by the County and Municipality Development Revenue
Bond Act, constituting Sections 29-3-101 through 29-3-123,
inclusive, Colorado Revised Statutes (the "Act"), to finance one
or more projects, including any land, building or other
improvement, and all real and personal properties, whether or not
in existence, which shall be suitable for residential facilities
for low-and middle-income families or persons and intended for
use as the sole place of residence by the owners or intended
occupants to the end that more adequate residential housing
facilities for low-and middle-income families and persons may be
provided, which promote the public hea l th, welfare, safety,
convenience and prosperity; and
WHEREAS, the Act authorizes the City (i) to issue its
revenue bonds for the purpose of defraying the cost of financing
any project and all incidental expenses incurred in connection
with the issuance of such bonds, (ii) to enter into financing
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agreements with others for the purpose of providing revenues to
pay the bonds authorized to be issued under the Act and upon such
terms and conditions as the City Council of the City may deem
advisable, and (iii) to secure the payment of the principal of,
premium, if any, and interest on such bonds as provided in the
Act; and
WHEREAS, the City has determined that it is advisable
and in the best interests of the City to issue, sell and deliver
its Variable Rate Demand Multifamily Housing Revenue Bonds (The
Marks Apartments) 1985 Series B, in the aggregate principal
amount of $18,100,000 (the "Bonds"), to Citicorp Investment Bank,
Citibank, N.A. and Hanifen, Imhoff Inc. (the "Underwriters") in
order to provide financing to HG Venture II, a Texas limited
partnership (the "Developer"), for the acquisition, construction
and installation of the second phase of a multifamily rental
housing project (the "Project") which is to be located within the
City, occupied by persons of low and middle income, as determined
by the City, and occupied partially by individuals of low or
moderate income within the meaning of and for the period required
by Section 103(b)(l2) of the Internal Revenue Code of 1954, as
amended (the "Code"), all for the public purpose of providing
more adequate residential housing facilities for low-and
middle-income families and persons; and
WHEREAS, in order to provide such financing, the City
will make a loan from the proceeds of the Bonds to the Developer
pursuant to a Loan Agreement dated as of December 1, 1985 (the
"Loan Agreement"), between the City and the Developer, and the
Developer will acquire, operate and maintain the Project in
accordance with the requirements of the Act and
Section 103(b)(4)(A) of the Code; and
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WHEREAS, the Bonds will be secured by ( i) a pledge of
the Loan Agreement, ( i i) a pledge of the revenues and receipts
derived by the City pursuant to the Loan Agreement, (iii) a First
Deed of Trust, Assignment of Rents, Security Agreement and
Fixture Filing dated as of December 1, 1985 (the "Deed of
Trust"), from the Developer to the Public Trustee of the County
of Arapahoe, Colorado, and (iv) a Letter of Credit to be issued
by Citibank, N.A. (the "Bank"), to Mellon Bank, N.A., as Trustee
(the "Trustee"), pursuant to a Reimbursement Agreement dated as
of December 1, 1985, among the Developer, the Bank and Citicorp
Real Estate, Inc., as agent for the Bank (the "Servicer"); and
WHEREAS, on July 1, 1985, the City Council of the City
adopted a resolution whereby the City agreed to authorize the
issuance and sale of the Bonds, it being understood that no costs
of issuance and sale were to be borne by the City and that the
necessary financing documents were subject to formal approval by
ordinance of the City Council; and
WHEREAS, there have been presented to the City Council
( i) the proposed form of Loan Agreement, ( ii) the proposed form
of Indenture of Trust dated as of December 1, 1985 (the
"Indenture"), between the City and the Trustee, (iii) the
proposed form of Land Use Restriction Agreement dated as of
December 1, 1985 (the "Land Use Restriction Agreement") among the
City, the Trustee, the Developer and the Servicer, (iv) the
proposed form of Bond Purchase Agreement dated December ..l..!!_,
1985 (the "Bond Purchase Agreement"), between the City and the
Underwriters, and (v) the proposed form of Preliminary Official
Statement (the "Pre limi nary Official Statement"), to be
distr i buted by the Underwriters to prospective purchasers of the
Bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
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Section 1. All action (not inconsistent with the
provisions of this ordinance) heretofore taken by the City
Council and the officers of the City directed toward the
financing of the Project and the issuance and sale of the Bonds
therefor be, and the same is hereby, ratified, approved and
confirmed.
Section 2. The City shall finance the Project subject
to the terms of the Loan Agreement, the Indenture and the Land
Use Restriction Agreement, by the issue, sale and delivery of the
Bonds.
Section 3. To defray the cost of such financing, there
is hereby authorized and created an issue of revenue bonds
designated before conversion of the interest rate borne by the
Bonds to the Fixed Rate (as defined in the Indenture), as the
"City of Englewood, Colorado, Variable Rate Demand Multifamily
Housing Revenue Bonds (The Marks Apartments) 1985 Series B," and
after such conversion of the interest rate borne by the Bonds to
the Fixed Rate (as defined in the Indenture), as the "City of
Englewood, Colorado, Multifamily Housing Revenue Bonds (The Marks
Apartments) 1985 Series B," in the aggregate principal amount of
$18,100,000, issuable as fully registered bonds in the
denomination, before conversion of the interest rate borne by the
Bonds to the Fixed Rate, of $100,000 principal amount or any
integral multiple thereof, and after such conversion of the
interest rate borne by the Bonds to the Fixed Rate, of $5,000
principal amount or any integral multiple thereof, dated as
provided in the Indenture and maturing on December 15, 1997.
Interest accrued on the Bonds during each Interest
Period (as defined in the Indenture) shall be paid on each
Interest Payment Date (as defined in the Indenture) and (except
as otherwise provided in the Indenture following conversion of
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the interest rate borne by the Bonds to the Fixed Rate) computed
on the basis of 365 or 366 days, as appropriate, for the actual
number of days elapsed.
From the date of initial issuance and delivery of the
Bonds to and including January 6, 1986, the Bonds shall bear
interest at the rate per annum determined by Citibank, N.A., as
Remarketing Agent (as defined in the Indenture), to be the
interest rate which, if borne by the Bonds, would, in its
judgment having due regard for prevailing financial market
conditions, be the interest rate necessary, but which would not
exceed the interest rate necessary, to produce as nearly as
practicable a par bid (disregarding accrued interest, if any) if
all the Bonds were sold on the Interest Computation Date (as
defined in the Indenture) preceding the date of issuance and
delivery of the Bonds; provided, however, that the interest rate
so determined shall not be less than 80\ nor more than 120\ of
the Interest Index (as defined in the Indenture) as of such
Interest Computation Date preceding the date of issuance and
delivery of the Bonds; and provided further that such interest
rate shall not exceed 14\ per annum unless and to the extent that
a Letter of Credit satisfying the requirements of the Loan
Agreement is delivered to the Trustee in an amount equal to the
aggregate principal amount of the Bonds plus interest thereon for
a period of 95 days at such higher rate. Thereafter, unless the
interest rate on the Bonds shall have been established at the
Fixed Rate as provided in the Indenture, the interest rate borne
by the Bonds shall be a variable rate determined as follows: for
each Interest Accrual Period (as defined in the Indenture), the
interest rate borne by the Bonds shall be that rate determined by
the Remarketing Agent on the Interest Computation Date for such
Interest Accrual Period to be the rate of interest which, if
borne by the Bonds, would, in its judgment having due regard for
prevailing market conditions, be the interest rate necessary, but
which would not exceed the interest rate necessary, to produce as
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nearly as practicable a par bid (disregarding accrued interest)
if all the Bonds were sold on such Interest Computati:>n Date;
provided, however, that the interest rate so determined shall not
be less than 80\ nor more than 120\ of the Interest Index for
such Interest Accrual Period; and provided further that such
interest rate shall not exceed 14\ per annum unless and to the
extent that a Letter of Credit satisfying the requirements of the
Loan Agreement is delivered to the Trustee in an amount equal to
the aggregate principal amount of the Bonds then outstanding plus
interest thereon for a period of 95 calendar days at such higher
rate. Upon the satisfaction of certain requirements, the
interest rate borne by the Bonds may be converted from a variable
rate to a fixed rate per annum, as more particularly described in
the Indenture. In no event shall the interest rate borne by the
Bonds exceed 20\ per annum.
The Bonds shall be payable, shall be subject to
redemption prior to maturity and shall be in substantially the
forms as provided in the Indenture. Pursuant to the Bond
Purchase Agreement, the Bonds shall be sold to the Underwr i terE
at a private sale at a purchase price equal to 100\ of the
aggregate principal amount of t~e Bonds. The net effective
max~mum
interest rate on the Bonds is I 20 \, which rate is hereby
determined to be the maxi:num net?elffenc!ll.lf've interest rate on the
Bonds.
Section 4. Pursuant to Section 29-3-103(10)(d) of the
Act, the City Council of the City hereby finds and determines
that for purposes of multifamily rental housing projects such as
the Project, "low-and middle-income persons and families" means
and includes any person whose Ad justed Gross Income as defined in
the Loan Agreement), together with the Adjusted Gross Income of
all persons who int end to reside with such person in one dwelling
unit, did not, for the taxable year immediately preceding their
initial o~cupancy of such dwelling unit, exceed an amount equal
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to 175\ of the Median Gross Income for the Area (as defined in
the Loan Agreement), adjusted for the number of persons who
intend to reside in such dwelling unit in a manner consistent
with making adjustments tor family size tor purposes of
determining "lower income families" under Section 8(f)(3) of the
United States Housing Act of 1937, as amended, or such other
amount as may be established from time to time by the City
Council of the City, in accordance with the Act, as the maximum
income for "low-and middle-income persons and families" within
the meaning of the Act, and that such persons and families lack
the financial ability to pay rentals sufficient to induce private
enterprise in the City to build a sufficient supply of adequate,
safe and sanitary dwellings without the special assistance
afforded by the Act.
Section s. The following determinations and findings
are hereby made in accordance with Sections 29-3-113, 29-3-114
and 29-3-120 of the Act.
(a) The maximum amount necessary in each year to
pay the principal of and the interest on the Bonds is as follows:
Annual Period
to and
Including
December 15
1986
1987
1 988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
Interest
for such
Period
$3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
Principal to be
Retired in such
Period
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Annual
Debt
Serv i ce
Reauir ement
$3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000.00
3,620,000,00
3,620,000.00
3,620,000.00
3,620,000.00
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2002 3,620,000.00 -o-3,620,000.00 2003 3,620,000.00 -0-3,620,000.00 2004 3,620,000.00 -o-3,620,000.00 2005 3,620,000.00 -o-3,620,000.00 2006 3,620,000.00 -o-3,620,000.00 2007 3,620,000.00 18,100.00 21,720,000.00
(b) No reserve fund has been established nor is
proposed to be established for the retirement of the Bonds or the
maintenance of the Project and accordingly it will not be
necessary to pay amounts into any such reserve fund.
(c) The terms under which the Project is to be
financed provide that the Developer shall maintain the Project
and carry all proper insurance with respect thereto.
(d) The revenues payable under the financing
documents with respect to the Bonds and the Project are
sufficient to pay, in addition to all other requirements of such
financing documents and this ordinance, all sums referred to in
paragraphs (a) and (c) of this Section.
(e) The revenues payable under the financing
documents with respect to the Bonds and the Project are
sufficient to pay, in addition to all other requirements of such
financing documents and this ordinance, all taxes payable
pursuant to Section 29-3-120 of the Act.
Section 6. The form, terms and provisions of the Loan
Agreement, the Indenture, the Land Use Restriction Agreement and
the Bond Purchase Agreement be and they hereby are approved and
the City shall enter into the Loan Agreement, the Indenture, the
Land Use Restriction Agreement and the Bond Purchase Agreement
substantially in the forms of such documents presented to the
City Council at this meeting; and the Mayor of the City is hereby
authorized and directed to execute and deliver the Loan
Agreement, the Indenture, the Land Use Restriction Agreement and
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the Bond Purchase Agreement and the City Clerk is hereby
authorized and directed to affix the City seal to and to attest
the Loan Agreement, the Indenture, the Land Use Restriction
Agreement and the Bond Purchase Agreement.
Section 7. The City acknowledges the use by the
Underwriters of the Preliminary Official Statement in connection
with the offering of the Bonds to the public. The City
acknowledges the use by the Underwriters in connection with the
sale of the Bonds of a final official statement (the "Official
Statement") to be prepared by the Underwriters and to be
substantially in the form of the Preliminary Official Statement
but containing such amendments as may be deemed appropriate by
the Underwriters. The City makes no representation or warranty
as to, and has no responsibility for, the accuracy or
completeness of the information contained in the Preliminary
Official Statement or the Official Statement.
Section 8. The forms, terms and provisions of the
Bonds, substantially in the form contained in the Indenture, be
and they hereby are approved; and the Mayor of the City is hereby
authorized and directed to execute the Bonds and the City Clerk
is hereby authorized and directed to affix the seal of the City
to the Bonds and to attest the Bonds. The signatures of the
Mayor and the City Clerk on the Bonds and the seal of the City on
the Bonds shall be manually affixed or by facsimile.
Section 9. The Mayor is hereby authorized and directed
to execute and deliver to the Trustee the written order of the
City for the authentication and delivery of the Bonds by the
Trustee, in accordance with Section 3.01 of the Indenture.
Section 10. Mellon Bank, N.A., Pittsburgh,
Pennsylvania, is hereby appointed as Trustee, paying agent, and
bond registrar. Mellon Securities Trust Company, New York, New
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York, is hereby appointed as Tender Agent (as defined in the
Indenture), bond registrar and co-authenticating agent under the
Indenture. Citibank, N.A., New York, New York, is hereby
appointed as Remarketing Agent (as defined in the Indenture) and
Indexing Agent (as defined in the Indenture) under the Indenture.
Section 11.
action in conformity
required to effectuate
The officers of the City shall take all
with the Act necessary or reasonably
the issuance of the Bonds and shall take
all action in conformity with the Act necessary or desirable to
finance the cost of the Project and for carrying out, giving
effect to and consummating the transactions contemplated by this
ordinance and the Loan h.greement, the Indenture, the Land Use
Restriction Agreement and the Bond Purchase Agreement, including
without limitation, the execution and delivery of any closing
documents to be delivered in connection with the sale and
delivery of the Bonds.
Section 12. The cost of financing the Project,
including incidental issuing expenses, will only be paid out of
the proceeds of the Bonds and none of the Bonds will be the
general obligation of the City nor shall any of the Bonds,
including interest thereon, constitute the debt or indebtedness
of the City within the meaning of the Constitution or statutes of
the State of Colorado or of the home rule charter of any
political subdivision thereof, including the City, nor shall
anything contained in this ordinance or in the Bonds, the Loan
Agreement, the Indenture, the Land Use Restriction Agreement or
the Bond Purchase Agreement, or any other instrument give rise to
a pecuniary liability of the City or a charge upon the general
credit or taxing powers of the City, nor shall the breach of any
agreement contained in this ordinance, the Bonds, or the Loan
Agreement, the Indenture, the Land Use Restriction Agreement or
the Bond Purchase Agreement impose any pecuniary liability on the
City or a charge upon the general credit or taxing powers of the
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City, the City having no power to pay out of its general fund, or
otherwise contribute any part of the costs of financing the
Project, nor power to operate the Project as a business or in any
manner, nor shall the City condemn any land or other property for
the Project nor contribute any land or other property to the
Project. Nothing contained in this ordinance or the Loan
Agreement, the Indenture, the Land Use Restriction Agreement or
the Bond Purchase Agreement shall give rise to any personal or
pecuniary liability of any officer, employee or agent of the
City.
Section 13. After any of the Bonds are issued, this
ordinance shall be and remain irrepealable until the Bonds and
the interest thereon shall have been fully paid, canceled and
discharged.
Section 14. If any section, paragraph, clause or
provision of this ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall not affect any
of the remaining provisions of this ordinance.
Section 15. All bylaws, orders, resolutions and
ordinances, or parts thereof, inconsistent herewith and with the
documents hereby approved, are hereby repealed to the extent only
of such inconsistency. This repealer shall not be construed as
reviving any bylaw, order, resolution or ordinance, or part
thereof.
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Section 16. This ordinance shall be in full force and
effect thirty days after publication following final passage.
Introduced, read in full, and passed on first reading the
4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title and passed on final reading the _____ day of
------------' 1985.
Published as Ordinance No. , Series of 1985, on the
_____ day of , ~
Attest:
Eugene L. Ot~s, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify the above and foregoing is
a true and complete copy of the Ordinance passed on final reading
and published by title as Ordinance No. ____ , Series of 1985.
Gary R. H~gbee
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ORDINAN::E NO.
SERIES OF 198_5_
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COUNCIL BILL NO. 88
INTRODOCED BY COUN::IL
MEMBER HIG:li\Y
AN ORDINAN::E ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF
THE POLICE DEPAR'IMENT OF THE CITY OF ENGL~OOD, COLORAOO, FR<M THE
FIRE AND POLICE PENSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE
FOR THEM IN ANY STATFl'JIDE PENSION PLAN PURSUANT TO C.R.S.
31-30-1001 et. seq., AND, IN LIEU THEREOF, ESTABLISHING A MONEY
PURCHASE PLAN FOR ALL POLICE OFFICERS HIRED BY THE CITY OF
ENGLFl'JOOD ON OR AFTER APRIL 8, 1978; AND APPROVING A CONTRACT
BE'IWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE ASSOCIATION
RE-ENFORCING THE MONEY PURCHASE PLAN AS A NON-NEOOTIABLE SUBJOCT OF
COLLEX:TIVE BARGAINING, AND DECLARING AN EMERGEN::Y.
WHEREAS, the City of Englewood, Colorado, has previously
joined and been a member of the Fire and Police Pension
Association, 720 South Colorado Boulevard, SUite 800, Denver,
Colorado 80222 (hereinafter "FPPA"); and
WHEREAS, the City of Englewood desires and hereby elects to
establish a money purchase plan in lieu of any statewide pension
plan pursuant to C.R.S. 31-30-1001 ~· for all police officers
hired on or after April 8, 1978; and
WHEREAS, the City of Englewood previously passed its
resolution of intent to withdraw from the Fire and Police Pension
Association, pursuant to C.R.S. 31-30-1001 (2) (b) and pursuant to
FPPA rules; and
WHEREAS, the City of Englewood has complied with all
pertinent provisions of the Colorado Revised Statutes relating
thereto; and
WHEREAS, the City of Englewood has complied with all
pertinent provisions of the Home Rule Cllarter and the Englewood
Municipal Code; and
WHEREAS, this ordinance has been suhnitted to the FPPA; and
WHEREAS, the Board of Career Service Commissioners of the
City of Englewood has received a petition of the City of Englewood
jointly with the affected police officers and the Englewood Pol ice
Associat ion to approve the withdrawal from FPPA and the
establishment of a money purchase plan for all police officers
hired on or after Apr il 8, 1978, and said Board of Career Service
Commissioners has approved the petition; and
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WHEREAS, the Board of Career Service Camlissioners of the
City of Englewood has considered the rec<lmlerlded enactment of the
provisions of this ordinance after public hearing upon appropriate
public notice; and
WHEREAS, the City of Englewood and the affected police
officers and the Englewood Police Association have expressly agreed
that establishment of and participation in a money purchase plan,
and any part or manner of participation therein, is a
non-negotiable subject in collective bargaining , and the affected
police officers and the Englewood Police As sociation have agreed
that such non-negotiable status is provided by their contractual
agreement even to the extent, if any, not provided by the Home Rule
Charter of the City of Englewood, and they have requested that said
non-negotiable status be affinned and embodied by contract and
additionally by the terms of this ordinance; and
WHEREAS, the City Attorney of the City of Englewood has
certified by letter to the FPPA that he has reviewed the proposed
money purchase plan and finds it to be in canpliance with
applicable state law; and
WHEREAS, the FPPA has infonned the City of Englewood, the
Englewood Police Association and the affected police officers that
the election could proceed; and
WHEREAS, a pre-election meeting was completed with a
representative of FPPA, the Englewood Police Association, the
affected police officers and the City of Englewood by a representa-
tive of International City Managers' Association l'bney Purchase
Plan; and
WHEREAS, full disclosure statement relating to and canparing
and contrasting the FPPA pension plan with the proposed money
purchase plan has or will be filed with the FPPA no later than
September 1, 1985, pursuant to applicable FPPA rules, and said
statenent has been approved by the FPPA; and
WHEREAS, a copy of the disclosure statement has been reviewed
and found wholly satisfactory by the Englewood Police Association
and the affected police officers, and copies have been hand-
delivered or mailed to each newly hired and affected police
officer; and
WHEREAS, the Englewood Police Association, the affected
pol ice officers, any and all police officers of the City of
Englewood -were infonned that the election was to be October 15
through 17 , 1985, and each newly hired and affected police officer
was infonned of the election and its dates, and all such notice was
a minimum of ten days prior thereto; and
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WHEHEAS, the City of &Jglewood, the &lglewood Police
Association and the affected police officers were informed that
they , or any of them, could request and receive a public meeting
with an FPPA representative to discuss the proposed money purchase
plan and the FPPA pension plan, and said public meeting, if
requested , was conducted more than ten days prior to the election;
and
WHEREAS, the election was conducted on October 15 through 17 ,
1985; and
WHEREAS, at least sixty-five percent (65%) of the affected
rnenbers of the Englewood Police Association and Englewood Police
Department approved the establishment of the proposed money
purchase plan at election; and
WHEREAS, enactment of this ordinance will be for the benefit
of employees and will provide funds for their retirement and funds
for their beneficiaries in the event of death; and
N::M, THEREFORE, BE IT ORDAINED BY THE CITY C<:llJOCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLCMS:
Section 1. '!he City COuncil hereby finds and approves as
facts the provisions of the "WHEREAS" clauses herein set forth,
Section 2.
for the Englewood
on or after April
Association, said
198 5 .
'!he City of &Jglewood hereby withdraws employees
Police Department hired by the City of &Jglewood
8, 1978 from the Fire and Police Pension
wi thdrawal to be effective as of December 31,
Sec ti <?_~· '!he City of Englewood hereby elects as of
December 31, 1985 not t o participate for employees of the Englewood
Pol i ce Department h i red by the City of Englewood on or after April
8, 1978 i n any sta t e wi de pension plan pursuant to C.R.S. 31-30-1001
et ~·
Sec tion 4. '!he Ci ty of Englewood hereby agrees to enter into
the ICMA Retrr-eme nt COr pora t i on Prototype Money Purchase Plan and
Trust Ad option Ag reeme n t (hereinafter "Plan and Trust") , attached
hereto as Exhibit A, and authorizes executi on by the Mayor and
atte station by the City Clerk, whi c h agreement is to be effective
as of January 1, 1986.
Sec ti on 5. '!he Ci ty o f Englewood hereby establishes a money
pu rcha se p1 an-fn the f o nn of the ICMA Retirement COrporation
Pro to type Money Purc ha se Plan and Trust attached as Exhibit B,
wh ich Pl an and Tr ust is to be effective as of January 1, 1986.
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Section 6. Participation in the Plan and Trust shall only be
by uniformed, sworn, police officer employees of the Englewood
Police Department hired by the City of Englewood on or after April
8, 1978.
Section 7. 'ltle Plan and Trust is established and shall be
maintawed for-the exclusive benefit of eligible employees and
their beneficiaries.
Sectio~. 'ltle terms of the Plan and Trust, the
establishment of and participation in a money purchase plan, and
any part or manner of participation therein are non-negotiable
subjects in collective bargaining.
Section 9. 'ltle City of Englewood hereby agrees to enter into
a contract w1th the Englewood Police Association in which the
parties reaffirm by legally binding agreement that the terms of the
Plan and Trust, the establi shment of and participation in said
money purchase plan, and any part or manner of participation
therein, are non negotiable subjects in collective bargaining. A
copy of said contract is attached hereto as Exhibit C, and the
Mayor is hereby authorized to execute and the City Clerk to attest
the same.
Section 10. The employer and employee contributions to the
Plan and Trust shall be absolutely limited as follows, any
provision in any pertinent agreement notwithstanding:
anployer contributions --eight percent (8%)
Employee contributions --eight percent (8%)
Section 11 . The Department of Finance of the City of
Englewood 1s authorized to receive fran the FPPA as soon as
possible after December 31 , 1985, but in no event more than six
months fran the effective date of custody, together with the net
earnings of such funds, defined as actual earnings, less actual
administrative expenses and expenses connected with the withdrawal.
Section 12 . The refunded moneys at set forth in the previous
Section sharr-be used as contribut ions to the Plan and Trust.
Section 13 . Upon the effective date of withdrawal fran FPPA,
the City of Englewood shall be liable for the payment of all
benefits then vested under the provisions of C.R.S. 31-30-1006.
Section 14. The provisions of this ordinance shall have no
effect upon pollee officers hired prior to April 8, 1978, and said
police officers shall remain with Englewood Police Officers'
Pension Plan.
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section 15. The City Council shall hold a public hearing on
this Ord1nance, before final passage, at p.m. on
1985 in City Council Olambers, 3400 s. Elati, Englewood.-,--=eo,...-:-1-o-rad--o
80110, at which time the public and any affected person may state
his or her views and position relating thereto. At said public
hearing, the carmunications and position of and agreements CIIIOng
the City, Board of Career Service COmmissioners, and Englewood
Police Association, and the legal opinion of the City Attorney
shall be duly incorporated into the record.
section 16. The Director of Finance, ex officio City Clerk-
Treasurer, of the City of Englewood, Colorado, is hereby directed
to forthwith file a certified copy of this Ordinance with the Fire
and Police Pension Association, 720 SOuth Colorado Boulevard, SUite
BOO, Denver, Colorado 80222.
section 1?_. City Council hereby finds, determines and
declares that this Ordinance is necessary for the Unnediate
preservation of the public peace, health, safety and welfare in
that it has to be enacted and in effect prior to January 1, 1986.
Introduced, read in full, and passed on first reading on the
4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of
November, 1985.
Read by title a~ passed on final reading on the ____ day of
-----' 1985.
PUblished by title as Ordinance No. __ , Series of 1985, on
the day of , 1985.
Attest:
ex-Qfficio C1ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1985.
Gary R. Higbee
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ORDINAN:E NO.
SERIES OF 198_5_
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 88.1
Im'ROOOCED BY COUOCIL
MEMBER HIGlAY
AN ORDINAOCE ELEX:l'ING AND APPLYING 'ro WITHDRAW CERTAIN EMPLOYEES OF
THE POLICE DEPAR'IMENT OF THE CITY OF rnGLEWOOD, COLORADO, FRa-t THE
FIRE AND POLICE PENSION ASSOCIATION AND ELEX::TING NOT 'ro PARTICIPATE
FOR THEM IN ANY STATEWIDE PENSION PLAN PURSUANT 'ro C. R. S.
31-30-1001 et. seq., AND, IN LIEU THEREOF, ESTABLISHING A MONEY
PURCHASE PLAN FOR ALL POLICE OFFICERS HIRED BY THE CITY OF
ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND APPROVING A CONTRACT
BE'IWEEN THE CITY OF ENGLEWOOD AND THE ENG..EWOOD POLICE ASSOCIATION
RE-ENFORCING THE MONEY PURCHASE PLAN AS A NON-NEOOTIABLE SUB.m::T OF
COLLFX:l'IVE BARG\INING, AND DEX;LARING AN FMERGEOCY.
WHEREAS, the City of Englewood, Colorado, has previously
joined and been a member of the Fire and Police Pension
Association, 720 South Colorado Boulevard, SUite 800, Denver,
Colorado 80222 (hereinafter "FPPA"); and
WHEREAS, the City of Englewood desires and hereby elects to
establish a money purchase plan in lieu of any statewide pension
plan pursuant to C.R.S. 31-30-1001 ~· for all police officers
hired on or after April 8, 1978; and
WHEREAS, the City of Englewood previously passed its
resolution of intent to withdraw from the Fire and Police Pension
Association, pursuant to C.R.S. 31-30-1001 (2) (b) and pursuant to
FPPA rules; and
WHEREAS, the City of Englewood has complied with all
pertinent provisions of the Colorado Revised Statutes relating
thereto; and
WHEREAS, the City of Englewood has complied with all
pertinent provisions of the Home Rule Charter and the Englewood
!i.Jnicipal Code; and
WHEREAS, this ordinance has been sul:rnitted to the FPPA; and
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WHEREAS, the City of Englewood aoo the affected police
of f icers and the Englewood Police Association have expressly agreed
that establisrment of aoo participation in a money purchase plan,
aoo any part or manner of participation therein, is a
non-negotiable subject in collective bargaining, aoo the affected
police officers arrl the Englewood Police Association have agreed
that such non-negotiable status is provided by their contractual
agreement even to the extent , if any, not provided by the Home Rule
Charter of the City of Englewood, aoo they have requested that said
non-negotiable status be affirmed aoo embodied by contract aoo
additionally by the terms of this ordinance; and
WHEREAS, the City Attorney of the City of Englewood has
certified by letter to the FPPA that he has reviewed the proposed
money purchase plan aoo finds it to be in canpliance with
applicable state law; aoo
WHEREAS, the FPPA has informed the City of Englewood, the
Englewood Police Association and ~~ affected police officers that
the election could proceed; aoo
WHEREAS, a pre-election meeting was canpleted with a
representative of FPPA, the Englewood Police Association, the
affected police officers and the City of Englewood by a representa-
tive of International City Managers' Association Money Purchase
Plan; aoo
WHEREAS, full disclosure statement relating to and canparing
and contrasting the FPPA pension plan with the proposed money
purchase plan has or will be filed with the FPPA no later than
September 1, 1985, pursuant to applicable FPPA rules, and said
statanent has been approved by the FPPA; and
WHEREAS, a copy of the disclosure statanent has been reviewed
and found wholly satisfactory by the Englewood Police Association
and the affected police officers, arrl copies have been hand-
delivered or mailed to each newly hired and affected police
officer; and
WHEREAS, the Englewood Police Association, the affected
police officers, any and all police officers of the City of
Englewood were informed that the election was to be October 15
through 17, 1985, and each newly hired and affected police officer
was informed of the election and its dates, and all such notice was
a minimum of ten days prior thereto; and
WHEREAS, the City of Englewood, the Fl'lglewood Police
Association and the affected police officers were informed that
they, or any of than, could request and receive a public meeting
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with an FPPA representative to discuss the proposed mon ey purchase
plan and the FPPA pension plan , and said public meeting, if
requested, was conducted mor e than ten days prior to the election;
and
WHEREAS, the election was conducted on October 15 through 17, 1985; and
WHEREAS, at least sixty-five percent (65%) of the affected
menbers of the Englewood Police Association and Englewood Police
Department approved the establishment of the proposed money
purchase plan at election; and
WHEREAS, enactment of this ordinance will be for the benefit
of employees and will provide funds for their retirement and funds
for their beneficiaries in the event of death; and
~, 'HiEREFORE, BE IT OROT\INFD BY THE CITY CC>lJOCIL OF THE
CITY OF ENGL&lOOD, COLORADO, AS FOLLOOS:
Section 1. 'lhe City COuncil hereby finds and approves as
facts the provisions of the "WHEREAS" clauses herein set forth.
Section 2.
for the Englewood
on or after April
Association, said
1985.
'n'le City of Englewood hereby wittrlraws employees
Police Department hired by the City of Englewood
8, 1978 from the Fire and Police Pension
wittrlrawal to be effective as of December 31,
Section 3. 'n'le City of Englewood hereby elects as of
December 31, 1985 not to participate for employees of the Englewood
Pol ice Department hired by the City of Englewood on or after April
8, 1978 in any statewide pension plan pursuant to C.R .S. 31-30-1001
~-
Section 4. 'lhe City of Englewood hereby agrees to enter into
the ICMA Retirement COrporation Prototype Honey Purchase Plan and
Trust Adoption Agreement (hereinafter "Plan and Trust"), attached
hereto as Exhibit A, and authorizes execution by the Mayor and
attestation by the City Clerk, which agreement is to be effective
as of January 1, 1986.
Section 5. 'lhe City of Englewood hereby establishes a money
purchase plan 1n the foon of the ICMA Retirement Corporation
Prototype Honey Purchase Plan and Trust attached as Exh ibi t B,
which Plan and Trust is to be effective as of January 1, 1986.
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Section 6. Participation in the Plan and Trust shall only be
by unifonned, sworn, police officer anployees of the E:rl:;lewood
Police Department hired by the City of Englewood on or after April
8, 1978.
Section 7. 'Itle Plan and Trust is established and shall be
mainta1ned for the exclusive benefit of eligible anployees and
their beneficiaries.
Section B. 'Itle teens of the Plan and Trust, the
establisttnent of and participation in a money purchase plan, and
any part or manner of participation therein are non-negotiable
subjects in collective bargaining.
Section 9. 'Itle City of Englewood hereby agrees to enter into
a contract with the Englewood Police Association in lot"lich the
parties reaffien by legally binding agreement that the teens of the
Plan and Trust, the establishment of and participation in said
money purchase plan, and any part or manner of participation
therein, are non negotiable subjects in collective bargaining. A
copy of said contract is attached hereto as Exhibit C, and the
Mayor is hereby authorized to execute and the City Clerk to attest
the same.
Section 10. 'Itle anployer and anployee contributions to the
Plan arid Trust Shall be absolutely limited as follows, any
provision in any pertinent agreement notwithstanding :
Employer contributions
Employee contributions
eight percent (8%)
eight percent (8\)
Section 11. 'llle Department of Finance of the City of Engl~rized to receive fran the FPPA as soon as
possible after Decanber 31, 1985, but in no event more than six
months fran the effective date of custody, together with the net
earnings of such funds, defined as actual earnings, less actual
administrative expenses and expenses connected with the wi th:!rawal.
Section 12. 'llle refunded moneys at set forth in the previous
Section shall be used as contributions to the Plan and Trust.
Section 13. Upon the effective date of with:!rawal fran FPPA,
the City of Englewood shall be liable for the payment of all
benefits then vested under the provisions of C.R.S. 31-30-1006.
Section 14. 'llle provisions of this ordinance shall have no
effect upon pollee officers hired prior to April 8, 1978, and said
police officers shall ranain with Englewood Police Officers'
Pension Plan.
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Section 15. The City council shall hold a public hearing on
this Ord1nance, before final passage, at 7:30 p.m. on December 2,
1985 in City COuncil Chambers, 3400 S. Elati, Englewood, COlorado
80110, at which time the public and any affected person may state
his or her views and position relating thereto. At said public
hearing, the carmunications and position of and agreanents between
the City and Englewood Police Association, and the legal opinion of
the City Attorney shall be duly incorporated into the record.
Section 16. The Director of Finance, ex officio City Clerk-
Treasurer, of the City of Englewood, COlorado, is hereby directed
to forthwith file a certified copy of this Ordinance with the Fire
and Police Pension Association, 720 South Colorado Boulevard, SUite
BOO, Denver, COlorado 80222.
Section 17. City COuncil hereby finds, detennines and
declares that this Ordinance is necessary for the bnmediate
preservation of the public peace, health, safety and welfare in
that it has to be enacted and in effect prior to January 1, 1986.
Introduced, read in full, and passed on first reading on the
18th day of November, 1985.
Published as a Bill for an Ordinance on the 20th day of
November, 1985.
~ene L. 0t1s, Mayor
Attest:
ex off1c1o C1ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 18th
day of November, 1985.
Gary R. Higbee
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IC1\1A
RErlREl\ffiNT
CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
The Employer hereby establishes a Money Purchue Plan & Truat to be known u
...;C:..:i:.:t:.!y--=o:.::f_F.:..:.n;.:.q~l:..:•:..:w:..:ood:...:..::c...:...P-::o-:-li::.c:...;e':-=P=e:-'n-'-s_;_i o.:..n;.;.....:P;_;l:..:an;;:.:_ ____ (The "Plan") In the form of the ICMA Retirement
(N,.CII.....,I
Cor poration Prototype Money Purchase Plan and Truat.
This Plan is an amendment and restatement of an existing defined contribUilon penlion plan. D Yes ~ No
11 yes, please apeclfy the name of the defined contribution penalon plan which this Plan hereby amends and
restates:---------------------------------
A . EMPLOYER : City of Englewood
B . THE EFFECTIVE DATE of the Plan shall be the first
day of the Plan Year during which the Employer adopts
the Plan , unless an alternate Effective Date is hereby
specified : Janu ary 1 , :.::1:.:.9:.:.8 .:.6 ______ _
C . THE PLAN YEAR shall be tr1e calendar year, unless
an alternate Plan Year is h ~reby specified : __ _
D . ELIGIBILITY REQUIREMENTS
1 . The following group or groups of Employees are
elig ible for participation in the Pian:
__ Ali Employees
__ All Full-time Employees
__ Salaried Employees
__ Non-union Employees
__ Management Employees
__ Public Safety Employees
__ G e neral Employees
__ Other (spe cify below)
Fd1 police off icers hired after
April 7, 1978
2 . The Em p loyer hereby w aive s the re quirement of 1
s ix-month period o f service for p articipants .
0 Yes 10 No
II t his w a iver Is elected , it s ha ll apply to all
employees within t he Covered Employment
Class if1C8t1on .
3 A m inimum age requirP.ment is hereby specil1e d for
ehg ib1ht y t o participate The minimum age requir e·
ment Is 21 (not to e xceed a ge 24112 ).
Wr ite N IA if no minimum agP Is declared
4 . Normal Retirement Age ahali be ......;5:..:5=-----
If a different Normal Retirement Age is established
for one or more groups of employees, please
apeclfy:
Age G roup
E . CONTRIBUTION PROVISIONS
1 . The Employer ahall contribute on behalf of each
Participant 8 1M! of Earnings for the
Plan Year (aubject to the limitations of Section 4 .09
of the Plan).
2 . a) Each Participant is required to contribute __
e IMI of Earnings for the Pian Year a s a
condition of participation . (Write "0 " if no cont rib u·
t ion is required .)
b) The Employer hereby elects t o "p ick up " the
M a ndatoryiRequired Participant Contribution
IKi Yes 0 N o
3 . Each Pa rticipant may make a Vol untary Part icipant
Contri bution as def1ned In Section 2 .34 of the P lan
subject to the lim itations of Sec tion 4 .04 and 4 0 ~
o f the Plan . 1i! Y e~ G N o
4 . Each Participant may ma~6 a Oeductibll• Empl e>yE:'
Contribution as deh ned in Sect1on 2 .08 of the Pia · •.
subj8ctto the limitat ion s of Se ct1on 4 .0 5 of the P i;,~
~. Yes [ ; t Jl
EXHIBIT A
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5 . Employer contributions and Employee contribu-
tions, if any,shall be contributed to the Trust in ac-
cordance with the following payment achedula:
Per month
F . EARNIN!JS
Earnings, which torm the basis tor computing Employ-
er contributions and EmployM contributions, H ,.
quired, are defined aa the Participant's base salary or
wages. before appl)'ing any salary reduction ag~
to by the Participant pursuant to a plan described In
Sections 457 or 403(b) of the Code, plus the following
(check whichever Is applicable, H any):
0 Overtime
0 Bonuses
0 Employer contributions (other than salary reduc-
tton amounts) under Section 457 of the Code
Other extraordinary remuneration
Ci VESTING PROVISIONS
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The Employer hereby spectlies the following vesting
schedule, subject to 1) the rninimum vesting require·
ments as noted and 2) the concurrence of the Plan
Administrator .
Years of Specified Minimum
Service Percent Vesting
Com~leted Veatl~ !'egulrementa • •
Zero ___a_~ No minimum
One _o_~ No minimum
Two ___a_~ No minimum
Three _Q_~ No minimum
Four ~IMI Not leas than 40%
Ftve _0_% Not less than 45%
Sue or More _2Q_% Not less than 50%
Seven or more ~% Not less than 60%
Etght or more _j'Q_% Not less than 70%
Nme or more ~% Not less than eoo..t.
Ten or more JJ!L.% Not less than 90o/o
li~»lllt)t~XXXXliHX>CMXXXIII)It~~
r 'These minim um vesttng requirements conform to
the IRS "s Four -Forty Schedule, wh ich ts the most re ·
strtcttve schedule for which an advance determinat•on
ruling tor quahftcatton will be issued by the IRS w ithout
8 pre -test for nondiscrimination .)
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H. INVESTMENT OPTION (check one)
2
The following applies to Employer ContributiOnS and
Mandatory Employee Contributions . All Voluntary
Emplope ContrtbutioM and Deductible EmployM
Contrlbuttons (DEC.) .,. not .ubject to lnvntment
ratrlctiona.
0 A Participant may direct hlllher lnvntment only In
an lnvntment option which providea a guarantee
of principal.
0 A Participant may direct hlaltler Investment of not
more than ~ In an Investment option
which does not provide any guarantee of principal .
aD A Participant may direct hlllher Investment, with-
out restriction, among various Investment options
available under the Trust.
0 Specify any other Investment restrictions :
I. WITHDRAWAL UPON SEPARATION
1. Upon Hparation from Hrvice for reason other than
dea1h, Disability or attainment of Normal Retirement
Age, the Participant may elect to commence receiY ·
lng beneflta from the following accounts, without
regard to age :
a) Employer Contribution Account (Nonforfeitable In·
tereat) 111 Yes 0 No
b) Participant Contribution Account (if applicable)
~Yes 0 No
c) Portable Beneflta Account Gi Yes 0 No
2 . II "no" to any of the above , the earliest age Is
---·· at which the Employer will allow a diS ·
tribution from the Employe r Contribution Accou nt ,
the Portable Benefits Account , end/or the Part•c •·
pant Contribution Account , II applicable .
3 . Notwithstanding Section 1(2) above , a dtst rtbutton
ahall be made pursuant to Sect ion 8 .0 5 of the Pla n .
De Minimis Accounts . Further , the P11rticipant shall
be entitled to make 8 rollover contribut ion pursua '1t
to Section 8 .03 ol the Plar.
J . Loans are permitted undt'r the Pla n a s provtdeo •n
Art ic le XI . t'-· Ye !. L• N o
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t<. The Employer hereby attests that It Is a unit of atale
or local government or an agency or inetrumentality
of one or more unltl of Mate or local government and
that It has the authortty under ate and local Ia-to
adopt a Money Purchaee Plan.
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L . The Employer hereby appoints the ICMA Retirement
Corporation as the Pian Administrator purauant to the
terma and conditionS of the ICMA PROTOTYPE
MONEY PURCHASE PLAN & TRUST.
The Employer hereby egtMa to the pnMaionl of the
Plan and Truat. -
__________ day of ______ _, 11'------·
EMPLOYER Accepled: ICMA RETIREMENT CORPORATION
By : ______________ ___ By : ______________ ___
Title : _______________ _ Title:----------'--------
Attest:----------------Attest:-----------------
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ADDENDUM 'ro ~liE CITY <F DIGLDI'OOD
FOLIC!: PENSION PLAN ·
(IOiA MJNEY PURCHASE PLAN)
Beginning balances of each arployee's account will be detemined as
follows:
Meanings:
FPPA -the State wide plan a&ninistered by the Fire .00 Police
Pension Association established in CRS 31-JG-1001, r:r SEQ.
Mandatory Participant Contribution Account -shall be in reference
to the amount contributed to the FPPA plan by each enployee.
atployee Contribution Account -shall mean the account established
for each employee contribution within the ICHA plan.
Fltployer Contribution Account -shall nean the S!ployer contribution
account established within the ICHA plan for each enployee as a
result of employer contribution.
The mandatory participant contribution account shall be credited to the
employee contribution account with an amount equal to the total amount of
contributions paid by the employee to the FPPA, up through Decenber 31,
1985.
An amount equal to the total contributions in the mandatory participant
contribution account shall be credited to the S!ployer contribution
account.
Arry excess lltiOUnts refurded to the plan by the FPPA which are not
allocated in the above manner shall be allocated as follows:
Fifty percent of all interest earnings shall be divided ~m:~ng all
arployee contribution accounts based \lPOfl each S!ployees ratio of
contributions to the total mandatory participant contributions IMde
through DecEmber 31, 1985. An amount equlll to the interest earnings
divided among all arployee contribution accounts shall be credited to
the employer contribution account.
Inactive police employee (employer contributions) and forfeited
funds shall be credited to:
a. the City may use the excess funds to pay for any and all
startup costs associated with the ICHA police money purchase
plan.
b. any monies rena i ning shall be credited to the Englewood
Po lice ole h i re pension fund for the purposes of reducing the
pension pl a n un f unded liabi lity • I • •
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POl ICE PLAN OOCUI•U:NT
--------------------ICMA Ret1rement Corporation
Section
I
II
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.l8
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
III
3.01
3.02
3.03
Table of Contents
ICMA Retirement Corporation
Prototype Money Purchase Plan and Trust
Title
PURPOSE
DEFINITIONS
Accounting Date
Adoption Agruement
Beneficiary
Break In Service
Code
Compensation
Covered EmplQy~nt Classification
Deductible Employee Contribution Account
Disability
Earnings
Effective Date
Employee
Employer
Employer Contribution Account
Limitation Year
Nonforfeitable Interest
Normal Retirement Age
Participant
Participant Cont ribution Account
Participant Loan Account
Period of Separation
Period of Service
Period of Severance
Plan
Plan Administrator
Plan Year
Portable Benefits Account
Prototype Plan
Qualified Beneficiary
Qualified Joint and Survivor Annuity
Re-employed Individual
Suspense Account
Trust
Voluntary Contribution Account
PARTICIPATION
Service
Ag e
Re-employed Individual
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Pa31t Number
1
1
1
1
1
1
l
1
l
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
5
5
5
5
EXHIBIT B
I • •
IV
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
4.10
4.11
4.12
4.13
4.14
4.15
v
5.01
5.02
5.03
5.04
5.05
5.06
5.07
VI
6.01
6.02
6.03
6.04
6.05
6.06
6.07
VII
7.01
7.02
VIII
8.01
8.02
8.03
8.04
8.05
8.06
( 8 .07
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ICMA Retirement Corporation
CONTRIBUTIONS
Employer Contributions
Forfeitures
Mandatory Participant Contributions
Voluntary Participant Contributions
Deductible Employee Contributions
Payment of Participant Contributions
Chanqes in Voluntary Contributions
Por~ability of Benefits
Limitation on Annual Addition
Annual Addition
Elimination ot Excess Annual Additions
Short Limitation Year
Participant in Other Defined Contribution Plans
Par~ic1pan~ in Defined Benefit Plan
Definitions for Sections 4.13 and 4.14
TRUST AND INVESTMENT OF ACCOUNTS
Trust
Inv~stment Powers
Taxes and Expenses
Payment of Benefits
Investment Funds
Valuation of Accounts
Participant Loan Accounts
VESTING
Vesting Schedule
Service After Break In Service
Prior Service of Re-employed Individual
Upon Normal Retirement Age
Upon Death or Disability
Forfeitures
Reinstatement of Forfeitures
BENEFITS CLAIM
Claim of Benefits
Appeal Procedure
COMMENCEMENT OF BENEFITS
Normal Commencement of Benefits
Elective Commencement of Benefits
Rollover to An other Plan
Latest CommencP.ment of Benefits
De Minimis Accounts
Withdrawal of Voluntary Contributions
Withdrawal of Deductible Employee Contributions
•
5
5
5
5
5
5
6
6
6
7
7
7
8
8
8
8
9
9
10
12
13
13
13
13
13
13
l3
13
14
14
14
14
14
14
14
15
15
15
15
15
16
16
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IX
9.01
9.02
9.03
9.04
X
10.01
10.02
10.03
10.04
10.05
XI
11.01
11.02
11.03
XII
12.01
1:(. 02
12.03
12.04
12.05
12.06
XIII
13.01
13.02
13.03
13.04
13.05
13.06
XIV
14.01
14.02
14.03
14.04
14.05
14.06
14.07
14.08
14.09
14.10
14.11
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ICMA Retirement Corporation -_____....
DEATH BENEF"JTS
Pre-retirement Death Benefits
Post-retirement Death Benefits
Qualified Beneficiary
Survivinq Spouse
MODES OF DISTRIBUTION OF BENEFITS
Normal Mode of Distribution
Elective Mode of Distribution
Qualified Joint and Survivor Annuity Contract
Election of Mode
Limitation on Participant
LOANS TO PARTICIPANTS
Availability of Loans to Participants
Terms and Conditions of Loans to Participants
Participant Loan Accounts
PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
Amendment by Employer
Amendment to Vesting Schedule
Termination by Employer
Discontinuance of Contributions
Amendment by ICMA Retirement Corporation
Optional Provisions
AOMJNISTAATION
Powers of the Employer
Duties of the Plan Administrator
Protection of the Employer
Protection of Plan Administrator
Resignation or Removal of Plan Administrator
No Termination Penalty
MISCELLANEOUS
Nonguarantee of Employment
Rights to Trust Assets
Nonalienation of Benefits
Nonforfeitability of Benefits
IncompentPncy of Payee
Inability to Locate Payee
Mergers, Consolidations, and Transfer of Assets
Em~loyer Record s
Commonly Controlled Employers
Gende r and Number
1.pplicable Law
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16
16
16
17
17
17
17
18
18
19
19
19
19
20
21
22
22
22
22
22
22
22
23
23
23
24
24
24
24
24
24
24
25
25
25
26
26
26
26
26
26
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ICMA Retncment Corporatron-
ICMA RETIREMENT CORPORATION
PROTOTYPE HONEY PURCHASE PLAN AND TRUST
I. PURPOSE
The Employer hereby adopts thia Plan and Trust to provide funds .for ita
Employees' retirement, and to provide funda for their Beneficiaries in
the event of death. The ben@fits provided in this Plan shall be paid
from the Trust. The Plan and the Trust forming a part hereof are
adopted end shell be maintained for the exclusive benefit of eligible
Employees end their Beneficiariea. Exc~pt as provided in Section 12.03,
no part of the Trust shell revert to the Employ@r or be used for or
diverted to purposes other than the exclusive benefit of Employees and
their Beneficiaries.
II. DEFINITIONS
2.01 Accounting Date. The last working day o! each calendar month.
2.02 Adoption Agreement. A resolution o! the governing body of the
Employer which adopts the Prototype Plan end elects among the
various alternatives provided thereunder, and which upon
execution by the Employer and acceptance by the IC11A Retirement
Corporation becomes an integral part of the Plan.
2.03 Beneficiary. The person or persons designated by the Participant
who shall receive any benefits payable hereunder in the event of
the Participant's death. The designation of such Beneficiary
shall be in writing to the Plan Administrator.
2.04 Break In Service. A twelve (121 consecutive month Period of
Severance.
2.05 Code. The Internal Revenue Code of 1954, as amended from time to
time.
2.06
2.07
2.08
Compensation. Wages and other compensation paid or made
available to an Employee, either before or after he/she becomes a
Participant, for personal services rendered in the course of
employment with the Employer, that the Employer is requ ired to
report for federal income tax purposes on Internal Revenue
Service Form W-2, or any substitute successor form.
Covered Employment Classification. The group or gro ups of
Employees eligible to participate in the Plan as specified in the
Employer's Ad o ption Agreement .
Deductible Employee Contribution Account. A separate Participant
account which c~ntains v o luntary contrib~tions which are intended
to be deductible under Section 219(el of the Code. Such a c cou n t
shall also include any realized and unrealized gains and losse ~
allocable to such contributi o ns, less an y amounts distributed t o
the Participant or his/her B~neficiary from such account .
1
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r 2.09
2.10
2.11
(
2.12
2.13
2.14
2.15
2.16
(
2.17
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ICMA Aeluemen , Corporallcn-
Disability. ll Occupati~nal Disability means a disability ~~
~ ~ resulting in an incapacity to pert~rm assigned duties
and expected, with reasonable medical probability, t~ exist f o r
at least one year. 21 Total Disability means inability to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death or which has lasted or can be
expected to last for a peri~d not leas than twelve (121 months.
The Board of Directors of the Fire and Police Pensi~n Association
of Colorado has the sole power to determine eligibility for
retirement for Disability, whether Total or Occupational, for any
Participant in the Plan.
Earnings . The base salary or wages, plus other items elected by
the Employer in the Adoption Agreement, paid or made available
by the Emplt,yer to a Participant for personal services rendered
in the course of employment with the Employer. Earnings shall be
determined before applying any salary reduction agreed to by the
Participant pur suant to a plan described in Sections 457 or
403(bl of the Code.
Effective Date. The first day of the Plan Year during which the
Employer adopts the Plan , unless the Employer elects in the
Ado p tion Agreement an alternate date as the Effective Date of the
Plan.
Employee. Any individua l who performs services for the Emp l o y er,
excluding ind ependent contractors.
Employer. The unit of state or local government o r an agen c y o r
instrumentality of one or more &tate& or local governments which
executes the Adoption Agreement.
Employer Contribution Account. A aeparate account ma i ntained for
a Participant consisting of his/her allocable share of Employer
contributions and earnings of the Trust, plan forfe i tures and
real i red and unrealired gains and losses allocable to such
ac c ount, less any amounts distributed t o t he Part ici pant cr
his/her Be n eficia r y f rom s uch account .
Limita tion Ye a r . The Limitat ion Year is the 12-consecutive month
period for whic h Compens a tion is c alculated fo r purpose nf
d etermining t h e c~ntributi on l i mi tations unde r Section 4 09 of
the Plan. The Limitation Year s ha l l be the Plan Year.
Nonfor feitable Interest. The intere s t of the Pa rticipant ~r
his/h e r Benefici a ry (whichever i s appl icab le) in that per c entage
~f hi s /her Employer Contribution Accou nt bal a nce which has v ested
pur s uant t o Art icle VI. A Pa rtici pant shall, at a ll time, have a
No nf o rfeita ble I nte r est in his/her entire Part i cipa nt
con t r ibution, Portable Benefits , Vo luntary Contributi~n. ~nd
Deduc t ible EmployeP cont r 1bu tion Accou n t s.
NL'rmal AetlremPnt Age. The a q" which the Employer apecif P& i u
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ICMA Retire ment C orpo ra t1 on-
t he Adoption Agreement.
2 .18 Part i c1pant. An Employee who satisfies the req ui remen ts o f
Article Ill, who is a member of the Covered Employ~n t
Clas s ification, and who makes mandatory contribut1on s if requ ired
under the Adoption Agreement.
2.19 Participant Contribution Account. A separate account ~aintained
for each Participant consisting of his/her mandatory
contributions and earnings of the Trust and adjustments for
withdrawals, and realized and unrealized gains and losses
attributable thereto. Jf a Participant is required/allowed to
make both ~andatory and voluntary contributions, a Voluntary
Contribution Account shall also be maintained.
2.20 Participant Loan Account. A separate investment account
established for the purpose of making ~nd investing in loans to
the Participant. Such account shall include the amounts
transferred pursuant to Section ll.Ol(al of the Plan, plus
accrued interest, less repayments of principal andpayments of
interest. Any loan made to a Participant shall be made only from
such account.
2.21
2.22
2.23
2.24
2.2 5
Period of Separation. A period of time commencing with the date
an Employee separates from service and ending with the date such
Employee resumes employment with the Employer.
Period of Service. For purposes of determining an Employee's
intial or continued eligibility to participate in the Plan or
his/her vested interest in his/her Employer Contribution Account.
an Employee shall be credited for the time period commencing with
his/her first day of employment and ending on the date a Period
of Severance begins. A Period of Service for these purposes
includes any Period of Separation of less than twelve (12)
consecutive months. In the case of an Employee who separates
from service and later resumes employment with the Employer, the
Period of Service prior to his/her resumption of employment shall
be aggregated only if such Employee is a Re-employed individual.
Period of Severance. A period of time commencing with the
earlier of:
(a) the date an Employee separates from service by reas o n of
quitting. retirement, death, or discharge or
(bl the date twelve (121 months after the date an Empl o ye a
separates from service, and ending, in the case of a n
Employee who separates from service by reason other than
death. with the date such Empl~yee resumes employment with
the Employer.
Plan. This Prototype Plan as modifiod and detailed in the
Adopt1on Agreement.
Pl~n Admin1 ~tro t~r. The ICMA Retirem~nt Corp o r~ti on
3
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2.26
2.27
2.28
2.29
2.30
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ICMA Retuement Cor ;:mration
Plan Year. A calendar year, unless the Employer elects another
12-month period under the Adoption Agreement.
Portable Benefits Account. A separate Participant account which
contains a •qualifying rollover distribution• from anot~er plan,
pursuant to Section 4.08 of the Plan. Such account shall be at
times nonforfeitable by the Participant.
Prototype Plan. The International City Management Association
Retirement Corporation Prototype Money Purchase Plan and Trust.
QUalified Beneficiary. Any individual who ll was a dependent of
the Participant or the Participant's surviving spouse for any two
of the last five taxable years. or 2) is a former spouse of the
Participant. If a child's parents are divorced, and the child is
a dependent of either or both of the divorced parents, then the
child shall be treated as a dependent of each divorced parent.
Qualified Joint and Survivor Annuity. A nontransferable
guaranteed annuity contract purchased by the application of a
part of or the entire interest of the Participant in the Plan,
that provides annuity payments to and during the life of the
Participant, and survivor annuity payments, in an amount equal to
not less than 50 percent, nor more than 100 percent, of the
annuity payments payable to the Participant during his/her life,
to and during the life of his/her surviving eligible spouse, if
any, after his/her death. An eligible spouse shall be the person
to whom the Participant was married on the annuity staring date.
2.31 Re-employed Individual. A person who, after having separated
from service, resumes employment:
2.32
2.33
2.34
(a) with an Nonforfeitable Interest in his/her Employer
Contribution Account, or
(bl with no such Nonforfeitable Interest, and who resumes such
employment either Cil before a Break In Service or (iil
after a Break In Service but before his/her lastest Period
of severance equals or exceeds his/her Period of Service.
Suspense Account. An account maintained as a part of the Trust
whi ch contains any excess annual additions or forfeitures.
Trust. The Trust created under Article V of the Plan which shall
consist of all of the assets of the Plan derived from Employer
and Participant contributions under the Plan, plus any income
andgains theret'n, le&s any los&e&, expenses and distributi o n s to
Participants a nd Beneficiaries.
Voluntary Contribution Acc ount. A separate Participant ac count
whi ch contain s voluntary contributions which are not deductible
undPr Section 219(al of the Internal Revenue Code. Such account
shall also include any realized and unrealized gains and losse s
allocable to s uch contributions. less any amounts distributed t o
4
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ICMA RetHement Coq ·oration--
the Participant ~r his/her Beneficiary fr~m such account.
Ill PARTICIPATION
3.01
3.02
3.03
Service. Except as prt•vided in Sections 3.02 and 3.03 of the
Plan, an Employee withing the Covered Employment Classification
who has completed a six (6) ~onth Period of Service shall
participate on the first day of the first calendar quarter after
such service requirement is satisfied. The Employer may elect in
the Adoption Agreement to waive the six-~nth Period of Service.
Age. The Employer may designate a minimum age requirement, not
to exceed 24 l/2, f~r participati~n. Such age, if any, shall be
declared in the Adoption Agreement.
Re-empl~yed Individual. A Re-empl~yed Individual shall
participate in the Plan upon re-empl~yment ~r the date described
in Sections 3.01 and 3.02 of the Plan, whichever is later.
IV CONTRIBUTIONS
4.01
4.02
4.03
4.04
4.05
Employer Contributions. F~r each Plan Year, the Employer will
contribute to the Trust an amount which is determined in
accordance with the Adoption Agreement. The Employer's full
contribution for any Plan Year shall be due and paid not later
than thirty (301 working days after the close of the Plan Year.
Forfeitures. All amounts forfeited by terminated Participants,
pursuant to Section 6.06 of the Plan, shall be used to reduce
Employer contributions for the following Plan Year and succeeding
Plan Years, if necessary.
Mandatory Participant Contributions. If the Employer so elects
in the Adoption Agreement, each Participant shall make
contributions equal to the designated percentage of his/her
Earnings as a condition of his/her participation in the Plan.
Such contributions shall be accounted for separately in the
Participant Contribution Account. Such account shall be at all
times nonforfeitable by the Participant.
Voluntary Participant Contributions. If the Employer so elects
in the Adoption Agreement, a Participant may make v~lur.tary
contributions under the Plan for any Plan Year in any amount up
to 10 percent of his/her Compensation for such Plan Year. Such
contributions shall be accounted for separately in the Voluntary
Contribution Account. Such account shall be at all times
nonforfeitable by the Participant. Notwithstanding the
foregoing, no Parti cipant shall be allowed to make voluntary
contributions under this Plan is he/she is coverP.d under another
qualified plan mainta1ned by the Employer which allows voluntary
contributions ther~under.
Deductible Empl~yee Contributions. If the Empl~yer so elects in
the Adoption Agreement, a Participant may for each yPar pr1~r t ~
the year h~/sh• attains aq~ 70 1/2 voluntarily contr1bute to t hr
5
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4.06
4.07
4.08
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ICMA Ret~rement Corporat ton
Trust en amount not to exceed the lesser of his/her Compensation
or $2,000 (or such larger amount permitted as a deduction by the
Code). Contributi o ns made pursuant to this Section 4.05 are
intended to be deductible by Participants under Section 219(al of
the Code. A contribuiton by a Participant shall be credited to
his/her Deductible Employee Contribution Account end ampunts so
credited shall be 100 percent vested and nonforfeitable at all
times.
Payment of Participant Contributions. Participant contributions,
wloet.her ll'•andatory or voluntary, shall be made by payroll
deduction and shall be contributed to the Trust as specified in
the Adoption Agreement.
Changes in Voluntary Contributions. A Participant may elect to
change his /her voluntary contribution rate, provided that only
one such change shall be allowed during any Plan Year. A
Participant may discont i nue voluntary contributions at any time.
Once a Participant has discontinued such contributions, he /she
may not resume v oluntary contributions for six calendar months.
Portability of Benefits. An Employee within the covered
Employment Cla&slfication, whether or not he/she has satisfied
the minimum age and service requirements of Article III, may
transfer (roll over) his/her interest in a plan qualified under
Sectio ns 401(a) or 403(a) of the Code to this Plan, provided:
(a) The distribution is (ll on account of termination or
discontinuance of the plan or (2) the distribution
represents a l ump sum distribution which becomes payable on
account of the Employee's separation from service, death.
Disability or after the Employee attains age 59 l/2 ,
(b) The amount distributed from the plan is transferred to this
Plan no later than the 60th day after distribution was made
from the plan,
(cl The distribution constituted the Employee's entire interest
in the plan and was distributed within one taxable year to
the Employee,
(d) The am ount transferred to this Plan does not include any
amount s c ontributed by the Employee to the plan , and
(e) The Employee was not an Owner-Employee under such plan
within the meaning of Section 40l(a ) (1) of the Code.
Such transfer (rollover) may also be through an Individual
Ret irement Plan qualified under Section 408 of the Internal
Revenue Code where the Individual Retireme nt Plan was used a s a
conduit from the prior plan end the transfer is made in
a ccordance with the rules provided at (a) through (e) of this
paragraph and the transfer dl~S not include an y personal
contributi o n " or ea r nin g s thereon the Participa n t may have mad e
to tho Indl Vl dual Reti rement Pla n.
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4.09
4.10
4.11
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ICMA Reltrement Corporatrc .n
The am0unt transferred shall be deposited in the Trust and shall
be credited to a Portable Benefits Account. Such account shall
be 100 percent vested in the Employee.
Limitation on Annual Addition. The annual addition to a
Participant's accounts for a Limitation Year shall not exceed
his/her maximum annual addition, which shall be the lesser of:
Cal Twenty-five percent of auch Participant's Compensation
during the Limitation Year1 or
(bl The amount permitted under the Code Section 415(cl (li(Al, as
adjusted from time to time under Code Section 415!dl(ll and
Trees. Reg. 1.415-6(d), and in effect for the calendar year
in which the Limitation Year ends.
Annual Addition. The annual addition to a Participant's accounts
for a Lim1tation Year shall be the sum of:
(al Employer contributions and forfeitures, plus amounts
reapplied pursuant to Section 4.11 of the Plan, and
(b) The lesser of Ill a Participant's contributions (other th3n
Deductible Employee Contributions) in excess of 6 percent of
his/her Compensation; or (21 one-half of the Participant's
contributions (other than Deductible Employee
Contributions).
A Mqualifying rollover distributionM described in Section 4.08 of
the Plan shall not be considered as annual addition of a
Participant.
Elimination of Excess Annual Additions. Any annual addition in
excess of the limitations of Section 4.09 of the Plan shall be
eliminated in the follow1ng order:
(al First, vo luntary contributions (other than Deductible
Employee Contributions) and next, if necessary, any
mandatory contributions, including any earnings and gains,
minus any losses attributable thereto, to the extent
necessary to prevent an excess annual addition, shall be
returntid to the Participant.
(bl If necessary, then, next, Employer contributions and
forfeitures credited to the Participant's acc ount for the
Limitatio n Year, including any earnings and g ains, minus any
losse s attributable thereto, to the extent n ·•cessary t o
prevent a n excess annual addition, shall be Teallocatej to
the Suspense Account and shall be reapplied ~o reduce
d J llar -for-d o llar Employer contribu tions othe rwise req Ji red
t o be made f er the next Limitation Year and s ucceeding
Limita tion Years, if ne cessary. L_ ____ _
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4.12
4.13
4.14
4.15
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ICMA Rel~rerne:-Jt Carr oration
Sh0rt Limitation Year. Notwithstanding anything to the contrary
in Section 4.09 of the Plan, if a short Limitation Year is
created because of an amendment changing the Limitation Year t 0 a
different 12-consecutive month period, the maximum annual
addition for the short Limitation Year shall be the lesser of:
(a) The amount described in. Section 4.09(b) of thE· Plan for such
Limitation Year multiplied by the following h ·action:
or
number of months in the
short Limitation Year
12
(b) Twenty-five percent of the Participant's Compensation for
the short Limitation Year.
Participant in Other Defined Contribution Plans.
Nothwithstanding any other provision in this Plan, if any annual
additions are allocated under any other Defined Contribution
Plans maintained by the Employer with respect to a Participant in
this Plan, and the annual additions to the Participant's accounts
under all of the Defined Contribution Plans, treated as a single
plan, would, but for this Section 4.13, exceed his/her maximum
annual addition for a Limitation Year, then his/her annual
additions shall be reduced first in accordance with such other
Plans (if they provide for such reduction in this situation), and
then to the extent necessary in accordance with Section 4.11 of
the Plan.
Participant in Defined Benefit Plan. If a Participant has at any
time been a participant in any Defined Benefit Plan maintained by
the Employer, then for any Limitation Year, the sum of the
Defined Benefit Plan Fraction and the Defined Contribution
Fraction shall not exceed 1.0. If this limitation would be
exceeded, then the Participant's projecte~ annual benefit under
the Defined Benefit Plan shall be reduced in accordance with the
terms thereof to the extent necessary to satisfy the 1.0
limitation described in this Section 4.14. If such Plan does not
provde for such reduction or· if the 1.0 limitation is still
exceeded after the reduction, annual additions shall be reduced
to the extent necessary in the manner described in Sec t ion 4.11
of the Plan.
Definitions for Sections 4.13 and 4.14. For purposes of Sections
4.13 and 4.14 of the Plan, the following definitions apply:
(a) "Defined Contribution Plan" and "Defined Benefit Plan" shal l
shall have the meanings set forth in Section 415(k) of the
Code and th~ regulations thereunder.
(b) "Defined Benefit Plan Fraction" for any Limitation Year
shall mean a fraction of :
Ill Th ~ numPrator o f wh1ch is the proj ecte d annual bPn e f i
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ICMA Retnement Co1 )Oration--,
of a Part1cipant, as defined in Section 1.4lS-7(bl (c)
ot regulations, and any successor regulations, under
all Definrd Benefit Plans ever maintain~d by the
Employer, determined as of the close ot the Limitation
Year, and adjusted under Section 415(b)(21 of the code,
if applicable, and
(2) The denominator of which is the iesser of:
(A) The product of 1.25 multiplied by the dollar
limitation in effect for such Limitation Year
under Section 41S(c)(l) (A) of the Code; or
181 The product of 1.4 multiplied by the amount which
may be taken into account under Section
415(c)(l) 18) of the Code with respect to the
Participant under such Plans for the Limitation
Year.
V TRUST AND INVESTMENT OF ACCOUNTS
5.01
5.02
Trust. A Trust is hereby created to hold all of the assets of
the Plan for the exclusive benefit of Participants and
Beneficiaries, except that expenses and taxes may be paid from
the Trust as provided in Section 5.03 . The Employer shall be the trustee.
Investment Powers. The Employer or the Plan Administrator,
acting as age nt for the Employer, shall have the powers listed in
this Section 5.02 with respect to investment of Trus t assetsd,
except to the extent that the investment of Trust assets is
controlled by Participants pursuant to Section 11.03 of the Plan.
(a) To invest and reinvest the Trust without distinction
between principal and income in any form of tangible or
intangible property, real, personal, or mixed, and wherever
situated, including, but not by way of limitation, common or
preferred stocks, shares of regulated investment companies
and other mutual funds, bonds, loans, notes, debentures,
mortgages, certificates of deposit, interest, or
participation, equipment trust certificates, commerc ~al
paper inc l uding but not limited to participation in pooled
commercia l paper accounts, contracts with insurance
companies including but not limited to insur an ce, individua l
or group annuity, deposit administration, and guaran teed
interest contracts, deposits at reasonable rates of interest
at banking institutions including but not limited t o Fav1r.gs
accounts and certificates of deposit, and other f orms of
securities nr investments of any kind, class, or charlc t e r
what soever and representing interest s in any f~rm of
enterpr1se, wherever it may be located, organi~ed o r
operated within or without the United States of Ame ric s,
whet her such 1nvestments are income producing or not,
w1th o u t beinQ limlted in any respect by statute or court
rule nr dCC lhl <•n o f any JUrisdiction now or hereafter H I
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(c)
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ICMA Retireme nt Co r porat1on
forcQ purpo rting to limit or otherwise affect Luch
investments. Assets of the Trust may be invested in
securities or new ventures that involvQ a higher degree of
risk than investments that have demonstrated their
investment performance over an eKtended period of time.
To invest and reinvest all or any part of the assets of the
Trust in any common. collective or commingled trust fund
that is maintained by a bank or other institution and that
is available to employee plans qualified under Section 401
of the Code, <'r any successor prc:,visions thereto, and during
the period of time that an inv estment through any such
medium shall exist, to the extent of participation of the
Plan, the declaration of trust of such common, collective,
or comming l ed trust fund shall constitute a part of this Plan.
To invest and reinvest all or any part of the assets of the
Trust in any group annuity, deposit administration or
guaranteed interest contract issued by an insurance company
on a commingled or collective basis with the assets of any
other plan or trust qualified under Section 40l(al (241 of
the Code, and such contract may be held or issued in the
na me of the Plan Administrator, or such custodian as the
Plan Ad mi n i strator may appoint, as agent and nominee for the
Emp loyer. During the period that an investment through any
such contract shall exist, to the extent of participation of
the Plan , the terms and conditions of such contract shall
constitute a part of the Plan.
(d) To purchase part inte rests in real property or in mortgages
on real pro perty, wherever such real property may be
situated, and to delegate to a property manager or the
holder or holders of a majority interest in such real
property or mortgage on real property the management and
operation of any part interest in such rea l prt•perty or mortgages.
(e) To hold cash awaiting investment and to keep such portion of
the Trust in cash or cash balances, without liability for
interest, in such amounts as may from time to time be deemed
t o be reasonable and necessary to meet obligations under the
Plan or otherwise to be in the best interests of the Plan.
(f) To retain, manage, operate, administer, divide, subdivide,
partition, mortgage, pledge, improve, alter, demolish,
r emod el, repair, and deve lop in any manner any property,
real or personal , held in the Trust, to lease such property
for any period of time, and to grant options to sell ,
exchange, lease, or otherwise dispose of any such property,
without re•Jard to restrictions applic able t o fiduciaries or
others and without the approval of any court.
(g) T<' sell for cash or credit , redeem, eKchange for other
property, convey, transfer, <:•r otherwise dispo&e of ar y
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ICMA Retlfement Corporat1on-
property held in the Trust in any manner and at any time, by
private contract or at public auction or otherwise, and no
other p e rson shall be bound to see to the application of the
purchase money or to inquire into the validity, expediency,
or proprie f~y of any such sale or other disposition.
(h) To enter into contracts for or to make commitments either
alone or in company with others to purchase or sell at any
future date any property acquired for the Trust.
(i) To vote or to refrain from voting any stocks,' bonds, or
other securities held in the Tru st. t o exe rcise any other
right a p purtenant to any securities or other property held
in the Trust, to give general or special proxies or powers
ot atto rney with or without power of substitution with
respect to such securities and other property, to exercise
any con version priviledges. subscription rights, or other
options or priviledges with respect to such securities and
other property and make any payments incidental thereto, and
generally to exercise, personally or by general or limited
p o wer of att o rn e y, any of the powers of an owner with
respe c t to stocks. b o nd s , securities, or other property held
in the Tru st at any time.
(j) To oppo se or consent to and participate in any organization,
reorg a ni z ation, consolidation. merger. combination,
read justment of finances, or similar arrangement with
res pec t to a ny c o rpo ration, company or association, any of
the secur i ties of which are held in the Trust, to do any
a ct with reference thereto, including the exercise of
opt i ons, the making of agreements or subscriptions and the
paymen t of expenses, assessments, or subscriptions that may
be deemed necessary or advisable in connection therewith,
and to accept, hold, and retain any securities or other
property that may be so acquired.
(k) To d epos it any property held in the Trust with any
prote c t i ve, reorganization, or similar committee, and to
delegate disc retionary power thereto and to pay and agree to
pay p a r t of its expenses and compensation and any
a ssessments levied with respect to any such pro per ty s o
d eposited.
(11 To hold, to au thorize the holding of, and t o regi ster any
inve stmen t t o the Trust in the name of the Plan, the
Empl o yer, or any nominee or agent of any of the foreg o ing,
inc ludi n g the Plan Admini s trator, or in beare r form, t o
d e p osit o r arra nge for the deposit of securities in a
qu a l i f i ed centra l depo sitory even though, when s o depo sited,
such s ec uri t i es may be merged ~nd held in bulk in the name
o f the nomine e of such depository with other securities
d epo i t ed t he r e in by any other person, and to organize
c o rporation s o r tru s t~ under the laws of any jurisdiction
f or the pu r pob• of a c q u ir1ng or hold1ng title t o any
p rnJX•rty f or th<> T r ust , all with c•r wi thout the addit1 u n of
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5.03
words or other action to indicate that prop !rty is held in a
fiduciary t.•r represt>ntative capacity, but the bot•k& and
record s of the Plan shall at all times show that all such
investments are part of the Trust.
(m) Upon such terms as may be deemed advisable by the £mployer
or the Plan Administrator, as the case may be, for the
protection of the interests of the Plan or for the
preservation of the value of an investment, to exercise and
enforce by suit for legal or equitable remedies or by other
action, or to waive any right or claim on behalf of the Plan
or any default in any obligation owing to the Plan, to
renew, extend the time to payment of, agree to a reduction
in the rate of interest on, or agree to any other
modif ica tion or change in the terms of any obligation owing
to the Plan, to settle, compromise, adjust, or submit to
arbitration any claim or right in favor of or against the
Pla n , t o exercise and enforce any and all rights of
foreclosure, bid for property in foreclosure, and take a
deed in lieu of foreclosure with or without paying
consideration therefor, the commence or defend suits or
other legal proc eedings whenever any interest of the Plan
requ i re s it, and to represent the Plan in all suits or legal
proceedings in any court of law or equity or before any body
or tribunal.
(n) To employ suitable consultants, depositories, agents, t ond
leg al counsel on behalf of the Plan.
(o) To make, execute, a cknowledge , and deliver any and all
deeds, leases, mortgages, conveyances, contracts, waivers,
relea ses, or other instruments in writing necessary or
proper for the accomplishment of any of the foregoing
powers.
(p) To open and maintain any bank account or accounts in the
name of the Plan, the Employer, or any nominee or agent of
the foregoing, i ncluding the Plan Administrato r, in any bank
or banks.
(q) To do any and all other acts that may be deemed necessary to
carry out any of the powers set forth herein, provided that all
such investments cC>mply with the requirements of C.R.S. 31-30-
1012(5) (supp. 1983).
Taxes and Expenses . All taxes of any and all kind s whatsoever
that may be levied or as sessed under existing or future laws upon,
or in respect to the Tru st , or the income thereof, and al l
commi ssion or acquis1tions or dispositions of securities and
similar expe nses of investment and reinvestment of the Trust,
shal l be pa1d from the Trust. Such reasonable compensation of
the P l a n Admini&trator, as may be agreed upon from time to time
b )· th ~ Emplt•yP.r <!Hod the Plan Administrator, and reimburs emen t f or
reasona ble expen5es inc urred by the Plan Administrator i r
performan c-P u t ith duti<!& hereunder (including but n C>t l mited t.<>
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5.05
5.06
5.07
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ICMA Retirem e nt Corporatiun ~
fees for legal, acct•unting, investment and custodial services)
shall also be paid from the Trust.
Payment t•f Benefits, The payment t•f benefits from the Trust in
accordance with the terms of the Plan may be made by the Plan
Administrator, or by any custodian or other person so &Uthorized
by the Employer to make such disbursement. The Plan
Administrator, custodian or other person shall not be liable with
respect to any distribution t•f Trust assets made at the direction of the Employer.
Investment Funds, In accordance with rules established by the
Employer and the Plan Administrator, the Pa rticipant may direct
his/her accounts to be invested in one or more investment funds
ava1lable under the Plan 1 provided, however, that the
Participan t's investment directions shall not violate any
investment restrictions specified in the Adoption Agreement.
Valuation of Accounts. As of each Accounting Date, the Trust
assets held in each investment fund offered shall be valued at
fair market value and the investment income and gains or losses
for each fund shall be determined. Such investment income and
gains or losses for each fund shall be allocated proportionately
among all account balances on a fund-by-fund basis. The
allocation shall be in the proportion that each such account
balance as of the immediately preceding Accounting Date bears to
the total of all such account balances, less amounts held in
Participan t Loan Accounts, as of that Accounting Date. For
purposes of this Article, all account balances include (il the
account balances of all Participants and Beneficiaries and (ii) the Suspense Account.
Participant Loan Accounts. Participant Loan Accounts shall be
invested in accordance with Section 11.03 of the Plan. Such
accounts shall not share in any investment income and gains or
losses of the investment funds described in Section 5.05 of the Plan.
VI VESTING
6.01
6.02
6.03
Vesting Schedule. A Participant shall have a Nonforfeitable
Interest in the percentage of his/her Employer Contribution
Account determined pursuant to the Schedule elected in the
Adoption Agreement.
Service After Break in Service, If a Participant (whether or not
a Re-employed Individual) resumes employment after a Break in
Servio:e. any subsequent Period of Service shall be disregarded in
determining the Nonforfeitable Interest in his/her Employer
Contribution Account accrued prior to such Break in Service.
Prior Service of Re-employed Individual. If a Participant is a
Re-Employed lndiviaual, the Period of Service prior to his/her
separation from berv1ce bhall be aggregated in determining the Nontorf~itable Interest in his/hur Employer Contribut1on Ac count
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ICMA Ret 1remen t Corporation-
~~crue d a f te r his /h e r re-employment.
6.04 llpon No r ma l Re tirement Age. Notwithstanding Sectil•n 6.01 of the
Plan, a Part i c i pant shall have a Nonforfeitable Interest in
h1s/her entire Employer Contribution Account, which has not been
previously forfeited pursuant to Section 6.06 of the P~an, if
he/she is em p loyed on or after his/her Normal Retirement Age.
No forfeiture shall arise thereafter under Section 6,06 of the
Plan.
6.0 5 Upon Death or Di s ability. Notwithstanding Section 6.01 of the
Plan, in the evP.nt of Disability or death, a Participant shall
have a Nonf o rfeitable Interest in his/her entire Employer
Contributio n Account which has not been forfeited previously
pursuant to S ection 6.06 of the Plan .
6.06 Forfe i tures. Exce p t as pro vided in Sections 6.04 and 6.05 of the
Plan, a Pa rticipant who separates from service prior to obtaining
full ve s t ing sha ll for feit that percentage of his/her Employer
Contribu t ion Account b alance which has not vested as of the date
such Part icipant receives d i stribution o f the entire
No n f orfeitable Interest in h is/her Empl o yer Contribu tio n Accoun t
purs uant to a n election under Sections 8.02 and 8.03 o f the P lan.
6.07
Such f o rf eitures shal l be a l l ocated i n t h e manner d e s c ribed i n
Se c tio n 4 .02 of the Pla n .
Re i n statement of Forfeitures . If the Partic i pant retur n s t o the
employ men t of t h e Employer be for e incurring a Break i n S erv i ce ,
any a mounts forfe1ted p ur s ua n t t o Se c ti on 6.0 6 of t he P l an sh a ll
be r e i nstated to the Partic ipant's Emp l oyer Contr ibution Account
within a r easona ble time af t er repayme nt by t h e Pa r t i cipant of
the am o u n t of the distribution. Such repayme n t must be ma de
before the e arlier of :
(a) Th e date t wo years after the date o f r esumption of
employment, o r
(b) The conclusion o f a Bre ak i n S ervice after such r esumption
o f employment.
VI I BENE FI TS CLAIM
7.01 Claim of Benefits. A Participant, Employee or Beneficiary shall
n otify the Plan Administrator in writing of a claim of bene f its
under the Plan. The Plan Administrator shall t ake such steps as
may be necessary t o facilitate the payment o f s u ch benefits to
the Participant, Employee or Beneficiary.
7.0 2 Appeal Procedure. If a ny claim fo r benefits is d enied by tte
P lan Administrator, t he Plan Admi n is tra tor sha ll notify t h e
cl a imant in writ1n g of such deni al , stating f o r th t he spec1 t ic
reasons an d citing reference to s p ecific provis i ons o f t h e Pl an
u pon which the d en ial is based. An a ppeal per i od of sixty (60)
day b after rer eipt uf the notification of denial shall be
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ICMA Rct~rcme·1t Corporatton -
granted, and said notification shall advise the claimant of the
appeal procedure. The claimant may file the appeal with the
Employer, who&e decision shall be final, to the extent allowed by the law.
VIII COMMENCEMENT OF BENEFITS
8.01
8.02
8.0)
Normal Commencement of Benefits. The distribution of a
Participant's accounts shall commence sixty (60) days after the
close of the Plan Year during which one of the following events
occurs, whichever is later:
(a) The Participant obtains age 65 or Normal Retirement Age,
whichever is earlier, or
(b) The Participant separates from service.
Notwithstanding the foregoing, the Participant may elect, at any
time prior to the commencement of distribution described this
Section 8.01, to have distributions commence provided in Section 8.02 of the Plan.
Elective Commencement of Benefits. Notwithstanding Section 8.01
of the Plan, a Pa rticipant who retires, becomes Disabled or
separates from service for any other reason may elect by written
not1ce to the Plan Administrator to have the distribution of
benefit commence on a date earlier or later than that described
in Sect1on S .Ol of the Plan, provided that such earlier
d1str1 Utl o c orrpl1es with the age restrictions, if any.
C l 1 d 1 n t h Adoption Agreement. The Employer shall place no
r s r1 t1 on on ben fits payable upon attainment of Normal
n t Ag e , D1sabili ty or death. A Participant's election
r voc able and may be amended by the Participant.
llo v r o An o ther Plan. Notwithstanding Section 8.02 of the
Plan, a n y artlcipant who terminates employment and subsequently
beco emplo yed Wlth another unit of state or local government,
or an agency or instrumentality of one or more states or local
governments, shall be entitled to receive a distribution of the
Nonforfeitable Interest in all of his/her accounts for purposes
of mak1ng a rollover contribution, to the maximum extent
permitte d under the Code, to the new Employer's plan, provided
that the new Employer certifies to the Plan Administrator that
its plan provides for the acceptance of a "qualifying rollover distribution."
I.atest Commencement of Benefits. Notwithstanding Section 8.02 of
the Plan, the distribut1on of a Participant's account must
commer.ce n ot later than the end of 1) the taxable year in which
the Participant attains age 70 1/2, or 2) if later. the year in
whi ch the Participant actually retires.
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8.06
8.07
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De Minimus Accounts. Notwithstanding the f~reg~ing in this
Article Vlll, a Participant who incurs a Break in Service and who
has a combined balance of less than $5,000 in all ~f his/her
accounts, shall be paid his/her lump sum value within 60 days
after the Break in Service.
Withdrawal of Voluntary Contributi~ns. A Participant may upon
written request withdraw a part of or the full amount of his/her
Voluntary Contribution Account. Such withdrawals may be made at
any time, pr~vided that no more than two such withdrawals may be
made during any Plan Year.
Withdrawal of Deductible Employee Contributions. A Participant
may upon writte n request withdraw a part of or the full amount of
his/her Deductible Employee Contribution Account. Participants
will incur a penalty tax for premature distribution if a
withdrawal occurs prior to Disability, death or attainment of aqe 59 l/2.
IX DEATH BENEFITS
9.01
9.02
Pre-retirement Death Benefits. Sh~uld the Participant die before
benefits have commenced, a Beneficiary other than the
Participant's surviving spouse or a Qualified Beneficiary, must
receive payment of the Participant's entire Account balances
within five years of the Participant's death. If benefits are
payable to a surviving spouse on account of the Participant's
death, and the surviving spouse dies before benefi~s have
commenced, a Beneficiary other than a Qualified Beneficiary must
receive payment of the Participant's entire Acc~unt balances
within five years of the surviving spouse's death . Unless the
Beneficiary elects otherwise, prior to the time distribution is
to be made, the Participant's entire Acc~unt balances shall be
paid in a lump sum on the last day of the fifty-ninth month after
the death of the Participant or surviving spouse, whichever is applicable.
Post-retirement Death Benefits. Should the Participant die after
he/she has begun receiving benefit payments, a Beneficiary other
than the Participant's surviving spouse or a Qualified
Benef iciary shall receive the remaining Participant's account
balances, if any is payable, within five years of the
Participant's death. If benefits have commenced to a surv1v1ng
spouse on account of the Participant's death, a Beneficiary other
than a Qualified Beneficiary shall rece1ve the remaining
Participant's acc~unt balance, if any is payable, within five
years of the surviving spouse's death. Notwi thstanding the f~reg~ing, such Beneticiary may elect to continue the payment
schedule if payment has c~mmenced t~ the Participant (~r his/her
surv1v1ng sp~use, if applicable) under a period certain not
extending beyond ll the life expectancy of the Participant, 2)
the j~int life ekpectancy of the Participant and his/her spouse,
1f married, ~r Jl the life expectancy of the surviving spouse, if app licable.
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9.04
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ICMA Ret11ement Corporation
Qualified Beneficiary. Wh<"tller benefit payments have convnenc< d
or not, if a Qualif1ect D<•nef iciary convnences to receive
distribution within one year of the death of the Participant ~·r
the Partic1pant's surviving spouse, if applicable, the
distribution may be made over a period which ia not longer than the greater of:
Cal Five years after the death of the Participant or his/her
surviving spouLtt, if applicable, or
(b) The life <'><p<•ctancy of an individual with an age equal to
the age of the Participant or his/her surviving spouse, if
applicable, at the time of death.
Notwithstanding the foregoing, a Qualified Beneficiary who is
under the age of 22 at the time of the death of the Participant
or his/her surviving spouse, if applicable, need not commence
distribution prior to attainment of age 22. Further, if the
Qualified Beneficiary is permanently and totally Disabled,
distribution may be made over a period which is not longer than
the greater of 11 the period described in subsections Cal and (b)
of this Section 9.03 or 21 the life expectancy of the
Beneficiary.
If the distribution does not commence within one year of the
death of the Participant or his/her surviving spouse, if
applicable (or in the case of the Qualified Beneficiary under age
22, within one year of his/her attainment of age 22), then the
distribuiton shall be made within five years of the death of the
Participant or his/her surviving spouse, if applicable lor in the
case of a Qualified Beneficiary under age 22, within five years
of his/her attainment of age 221.
Unless the Beneficiary elects otherwise, such distribution shall
be made in a lump sum on the last day of the calendar month
immediately preceding the required distribution date. This
Section 9.03 shall be inapplicable unless Section 40l(al 19) of
the Code is amended to permit the provisions set forth herein.
Unless and until such amendments are made, Section 9.01 and 9.02
of the Plan shall apply as if no Beneficiary were a Qualified
Beneficiary.
Surviving Spouse. A surv1v1ng spouse of a Participant may elect
to commence benefits as provided in Article VIII, as though
he/she were the Participant, and may elect to have benefits
distributed in any manner provided for in Article X. For
purposes of this Section 9.04, a surviving spouse is a
Beneficiary who wa s married to the Participant on the date of the
Participant's d eath.
HODES OF DISTRIBUTION OF BENEFITS
10.01 Normal Mode of Di s tribution. A Participant wh o is entitled to a
distribut1on pursuant to SPctions 8.01 or 8.02 of the Plan or wht>
is requ1red t c> re ce ivP distr1bution pursuant t o Sectiora 8.04 of
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ICMA Retirement Corporation
the Plan, shall receive approximately equal payments over the
life expectancy of the Particlpant, ~r if married at the time the distributi~n commences, then ~ver the joint life expectancy of
the Participant and his/her apouse. Notwithstanding the
foregoing, the Participant may elect an alternate mode of
diatribution as provided in Section 10.02 of the Plan ••
10.02 Elective Mode of Distrib~tion. A Participant may revocably elect
to have his/her accounts distributed in any one of the following
modes:
(a) Equal Payments. Equal monthly, quarterly, semi-annual, or
annual payments in an amount chosen by the Participant
continuing until the accounts are exhausted.
(bl Lump Sum. A lump sum payment.
(c) Period Certain, Approximately equal monthly. quarterly,
semi-annual, or annual payments, calculated to continue for
a period certain chosen by the Participant.
(d) Retirement Annuity. A part of or the entire account
balances applied to purchase a single premium annuity
c~ntract which shall be distributed to the Participant. A
joint and survivt'r annuity shall be one of the annuity
options provided under any such contract.
(e) Other . Any other sequence ~f payments requested by the
Participant and agreed to by the Plan Administrator.
10.03 Qualified Joint and Survivor Annuity Contract.
(a) If a Participant who has an eligible spouse requests a
distribution under the Plan in the form of a life annuity
contract on or after the first day of the month in whi c h
he/~he attains age 55, then such contract shall be a
Qualified Joint and Survivor Annuity contract.
(b) A Participant may elect, at any time prior to the
commencement of distributions under the Plan, not to have
the provisions of subsection (a) of this Section 10.03
apply. Such an election must be made in writ in g and f i led
with the Employer. The Employer shall provide the
Participant at least 123 months prior to his/her attainment
of Normal Retirement Age or, if later, ~nor about the date
he/she becomes a Participant in the Plan, with a written
no ti f ication, in nontechnical terms, generally explaining
the terms and conditions of the Qualified Joint and Survivo r
Annuity c~ntract, the availability ~f the election, and the
finan ci al effe c t of an election, with further details
availa ble upon written request. The notificiat1on ~ay be
givPn by p osting a general notice. ThP Participant shall
have at least 90 days after receiving the written
ex pl a natiun in which to make an election or request furth er
deta1ls, a nd, 1f f u r t her details are requeste d , he/she shal l
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ICMA Retirement Corporation
have an additional 90 days after such details are pr~vided
in which to make an electi~n.
An election described above may be revoked in writing by a
Participant at any time prior to the commencement of
distributions under the Plan. After such an elec~ion is
revoked, another election may be made at any time prior to
the commencement of benefits.
(c) Notwithstanding the foregoing provisions, a Qualified Joint
and Survivor Annuity contract may provide that a surviving
spouse to whom annuity benefits are otherwise payable under
subsection (a) of this Section 10.03 may elect to have
benefits paid in any other form permitted under Section
10.02 of the Plan. At the written request of such e
surviving spouse, the Employer will furnish such spouse,
within a reasonable time after the request, with a written
explanation, in nontechnical language, of the survivor
annuity and any other form of payment that may be selected,
This explanation will state the financial effect of each
form of payment.
10.04 Election of Mode. A Part i cipant's election of a payment option
must be made at least 30 days before the payment of benefits is
to commence.
10.05 Limitation on Participant. Upon attainment of age 70 1/2, the
payment option chosen by the Participant must provide for
payments over a period not longer than the life or life
expectancy of the Participant, or, in case the Participant is
married, then over the joint lives or life expectancy of the
Participant and his/her spouse.
XI LOANS TO PARTICPANTS
11.01 Availability of Loans to Participants.
Cal If the Employer has elected in the Adoption Agreement to
make loans available to Participant, a Participant may apply
for a loan from the Plan subject to the limitations and
other provisions of this Article XI.
(b) The Employer shall establish wr itten guidelines governing
the grant i ng ~f loans, provided that such guidelines are
a pproved by the Plan Administrator and are not inconsistent
with the provisions of this Article XI, and that loans are
made available to al l Participants on a reasonably
equivalent basis.
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11.02 Terms and Ctmd~ tions cof Loans t~· Partie ipants. Any loan by the
Plan to a Participant under Section 11.01 of the Plan shall
satisfy the foll0w~nq requirements:
(al Anount of Loan. At the time the loan is made, the pricipal
amount cot the l~an plus the coutstanding balance (principal
plus accrued interest) due con any other outstanding loans to
the Participant from the Plan and from any other plans of
the Employer that are qualified under Secticon 40l(a) of the
Code shall not exceed the least of (ll $50,000, or (2) the
greater of (il $10,000 or (iii one-half of the value of the
Participant's Nonforfeitable Interest in all of his/her
accounts under this Plan except his/her Deductible Employee
Account. ~·r ( 3) the value of the Partiicpant' s
Nonforfeitable Interest in his/her Employer Contribution,
Participant Contribution, and Portable Benefits accounts.
(b) Application for Loan. The Participant must give the
Employer adequate written notice, as determined by the
Employer, of the amount and desired time for receiving a
loan. No more than one loan may be made by the Plan to a
Participant in any Plan Year. No loan shall be approved if
an existing loan from the Plan to the Participant is in
d~fault to any extent.
(c) Length of Loan. The Participant shall be required to repay
the loan in approximately equal installments of principal
and interest over a period that does not exceed five years:
provided, however, that if the proceeds of the loan are
applied by the Participant to acquire, construct,
reconstruct, or substantially rehabilitate any dwelling unit
that is to be used within a reasonable time after the loan
is made as the principal residence of the Participant or of
a member of his/her family, the five year limit shall not
apply. In this event, the period of repayment shall not
exceed a reasonable period determined by the Employer.
Principal installments and interest payment s otherw~se due
may be suspended during an authorized leave of absence, if
the promissory note ao provides, but not beyond the original
term permitted under this subsection (c), with a revised
payment schedule (within such term) instituted at the end of
suc h period of suspension.
(d) Ac celeration. The maturity of the loan shall be
accelerated, and the principal amount of the loan, together
with all accrued interest. shall immediately become due,
when the Participant either (l) receives a distribution from
his Employer Contribution Account, Participant Contribution
Account. or Portable Benefits Account; or (21 incurs a Break
in Service.
(e) Prepayment. The Participant shall be per'Tlitted to repa y the
loan in wh o l~ or in part at any time prio r to maturity,
wi thout per.alty.
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(f) Not e . The loan s hall be evidenced by a promissory not@
executed by the Participant and delivered to the Employer,
and shall bear intere s t at a reason~ble rate det@rmined by
the Employer.
(g) Security. The loan shall be secured by an assignment of the
Participant's right, title and interest in and to his/her
Employer Contribution Account, to the extert vested,
Participant Contribution Account, and Portable Benefits
Account.
(h) Default. In the event that a loan made to a Participant is
in default and the Employer determines that it is necessary
for a distribution to be made under the Plan in order to
cure such default, the Employer, with notice to the
Pa r ti c ipant, shall cause a distribution to be made on beha l f
of the Participant. under the Plan, which shall be applied by
the Employer to the unpaid balance of the loan, including
ac c rued interest. Such distribution shall be charged
agains t t he Participant's Voluntary Contribution Account,
his/her Participant Contribution Account, his/her Portable
Benefits Acc o unt, and his/her Nonforfeitable Interest in
his /he r Employer Contribution Account , following separation
from service , in that order of priority.
(i) Ot her Terms and Conditions. The Employer shall fix such
o t her terms and conditions of the loan as it deems necessary
t o comp~y with legal requirements, to maintain the
qualif i cat i on o f the Plan and Trust under Section 40l(A) of
the Code, o r t o prevent the treatment of the loan for tax
p u r poses a s a di s tribution to the Participan t. The
Employer, i n its di s cretion for any reason, may fix other
terms and c ond i tions of the loan, not inconsistent with the
prov ision o f t h is Article XI.
11.03 P art ici pant Loa n Accoun ts
(a) Upon approv al of a loan to a Participant by the Employer, a n
amount not in e x cess of the loan shall be transferred from
the Participant '• o t h e r i nvestment fund(s), deacribed in
Section 5.05 of the P lan, to the Part icipant's Loa n Acco u n t
as of the Accounting Da t e i mmediately p r ecedin g the agre ed
upon date on which the loan is to b e made.
(b) The assets of a Participant's Loa n Account may b e invested
and reinvested on l y i n promissory notes receive d b y the Pla r
from the Par ticipa nt a s c ons ider a tion for a l oan pe rmi tted
by Section 11.01 of the P l an o r i n ca sh. Uninvested c a sh
balances in a Participa nt 's Loa n Account s hall n ot bea r
interest. No per son who is oth e rwise a f i d uciary of t he
Plan shall b e liable for a ny los s , or b y re ason o f a ny
breach, that results from t h e Pa rtici p ant 's exerc i s e of such
control.
(c) Repayment of pr111cipal and pa ym~nt. of inte r e£t s ha ll be mad<·
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by payroll deduction and shall be inve sted in ~ne or more
other investment funds, in accordance with Section 5.05 of
the Plan, as of the next Accounting Date after payment
thereof to the Trust. The amount so invested shall be
deducted from the Participant's Loan Account.
(d) The Employer shall have the authority to establish other
reas~nable rules, not inconsistent with the provisions of
the Plan, governing the establishment and maintenance of
Participant Loan Accounts.
XII PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
12.01 Amendment by Employer. The Employer reserves the right, subject
to Section 12.02 of the Plan, and subject to approval by 65\ of
all Part icipants, to amend the Plan from time to time by either•
ll Filing an amended Adoption Agreement with the ICMA
Retirement Corporation to change any provision previously
elected by it, or
21 Continuing the Plan in the form of an amended and restated
Plan and Trus t in any manner it considers appropriate.
However, Participant account balances shall not be
transferred to such amended and restated trust until the
Employer certifies to the Plan Administrator that the
amended and restated Plan and Trust continues to meet the
r e qu i r ements of a qualified plan under the Code.
12 .0~ Amendment to Vesting Schedule. If the Em ployer, upon approval b y
65\ of a ll participants, amends the vesting schedule, any
Par ticipant may within 60 days after the amendment effective date
or the date of written notification of the Plan amendment,
whichever is later, elect to have his/her Nonforfeitable Interest
computed without regard to such amendment. If such election is
made, the vesting schedule on future contributions shall also be
computed without regard to such amendment . In any case, auch
amendment shall not reduce the Nonforfeitable Interest of any
Participant accrued a s of the date of the amendmen t or the
effec tive date of the amendment, whichever is later.
12.03 Termination by Employer. The Employer may not termi nate this
Plan.
12.04 Discontinuance of Contributions. A permanent discontinuance of
contributions to the Plan by the Employer, unless an amended and
restated Plan is establ ~shed, shall constitute a Plan
termination , a nd is prohibited by Section 12.03 of this Plan.
12.0 5 Amendment by JCMA Retirement Corporation . The ICMII Retirement
corporat i o n ma y not amend this Plan.
12.06 Optional Prov i i o n s . Any provisi o n which is optional undar this
Pla n Lh a ll b come effective if and only if jointly agreed to by
the Dnrll•y.-r a nd the ICMII Rt>t lre ment Corporation .
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XIII ~OMINISTRATlON
13.01 Powers of the Employer. The employer shall have the followinq
powers and duties:
ll To appoint and remove, with or without cauae, the Plan
~dministratorr
21 To a~end or terminate the Plan pursuant to the proviaions uf
~rticle XIIr
31 To appoint a committee to facilitate administration of the
Plan and communications to Participants;
41 To dec ide all questions of eliqibility ll for Plan
participation and 2) upon appeal by any Participant,
Employee, or Beneficiary, for the payment of benefits 1
5) To engage an independent qualified public accountant, when
required to do so by law, to prepare annually the audited
financial statements of the Plan's operations;
61 To take all actions and to communicate to the Plan
Admi nistrator in writing all necessary information to carry
out the terms of the Plan and Trust; and
71 To notify the Plan Administrator in writing of the
termination of the Plan.
13.02 Duties of the Plan Administrator. The Plan Administrator shall
have the following powers and duties:
11 To construe and interpret the proviaiona of the Planr
21 To maintain and provide auch report&, achedules,
descriptions, and individual account statements as are
required by law, and to furnish to the Employer, upon
request, copies of any or all such materials, and further,
to make copies of such instruments, report&, descriptions,
and statements as are required by law available for
exam i nation by Participants and such of their Beneficiaries
who are or may be entitled to benefits under the Plan in
such plac es and in such manner as required by law.
31 To obtain from the Employer such information as shall be
necessary for the proper admi nistration of the Plan,
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To determine the amount, manner, and time of payment of
benefits hereunder:
To appoint and retain such agents, counsel, and accountants
for the purpose of properly administering the Plan;
61 To distribute the as ~ets of thP Trust pursuant to Section
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~.03 of the Plan; and
71 Tt• pay expenses from the Trust pursuant to Section 5.03 of
the Plan; and
81 To do such other acts reasonably required to administer the
Plan in accordance wit~ its provisions or as may ~ provided
for or required by law.
13.03 Protection of the Employer. The Employer shall not be liable for
the acts or omissions of the Plan Administrator, but only to the
extent that such acta or omissions do not result frc>m the
Employer's failure to provide accurate or timely information as
required or necessary for proper administration of the Plan.
13.04 Prc>tection of the Plan Administrator. The Plan Administrator may
rely upon any certificate, notice or direction purporting to have
been signed on behalf of the Employer which the Plan
Administrator believes tc> have been signed by a duly designated
official of the Employer.
13.05 Resignation c>r Removal of Plan Administrator. The Plan
Administrator may resign at any time effective upon sixty (60)
days prior wri~ten notice to the Employer. The Plan
Administrator may be removed by the Employer at any time upon
sixty (60) days prior written notice to the Plan Administrator.
Upon the resignation or removal of the Plan Administrator, the
Employer may, if it so elects, appoint a successor Plan
Administrator having such powers and duties as may be agreed upon
by the Employer and any such Plan Administrator; otherwise, the
Employer shall assume the powes and duties of the former Plan
Admnistrator any any Trust assets formerly invested by or held in
the name of the Plan Administrator shall be returned to the
Employer in cash or property, at fair market value, except that
the return of Trust assets invested in a contract issued by an
insurance company shall be governed by the terms of that
contract.
13.06 No Termination Penalty. The Plan Administrator shall have no
authority or discretion to impose any termination penalty upon
its removal.
XIV MISCELLANEOUS
14.01 Nonguarantee of Employment. Nothing contained in this Plan shall
be construed as a contract of employment between the Employer and
any Employee, or as a right of any Employee to be cc>ntinued in
the employment of the Employer, as a limitation of the right of
the Employer tc> discharge any of its Employees, with or without
cau s e.
14.02 Rights to Trust Assets. No Employee or Beneficiary shall have
any right to, or interest in, any assets of the Trust upon
termination of hi~/her P.mp1oym~nt or otherwise, except as
providl.'d from time to time under this Plan, and then only tt• t he
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extent of the benefits payable under th~ Plan to such Employee or
Benefi ciary out of the as&ets of the Trust. ~11 payments of
benefits as provided for in this Plan shall be madti solely out of
the assets of the Trust and none of the fiduciaries shall be
liable therefor in any manner.
14.03 Nonalienation o·f Benefits. Except as provided in Section 8.01 of
the Plan, benefits payable under this Plan shall not be subject
in any manner to anticipation, alienation, sale, transfer,
assi9nment, pled9e, encumbrance, charqe, qarnishment, execution,
or levy of any kind, either voluntary or involuntary, prior to
actually bein9 received by the person entitled to the benefit
under the terms of the Plonr and any attempt to anticipate,
alienate, sell, transfer, assi9n, pled9e, encumber, char9e or
otherwise dispose of any ri9ht to benefits payable hereunder,
shall be void. The Trust shall not in any manner be liable for,
or subject to, the debts, contracts, liabilities, en9a9ements or
torts of any person entitled to benefits hereunder.
Notwithstandin9 the above, amounts may be paid from a
Participant's accounts pursuant to a court order requirin9
deductions from a Participant's benefit payments hereunder, but
only if such deductions are for alimony or child support and only
if the Participant's benefit payments have commenced under the
terms of the Plan.
14.04 Nonforfeitability of Benefits. Subject only to the specific
provisions of this Plan. nothin9 shall be deemed to divest a
Participant of his/her ri9ht to the Nonforfeitable Interest to
which he/she becomes entitled in accordance with the provisions
of the Plan.
14.05 Incompetency of Payee. In the event any benefit is payable to a
minor or incompetent, to a person otherwise under le9al
disability, or to a person who, in the sole jud9ement of the.
Employer, is by reason of advanced a9e, illness, or other
physical or ~ntal incapacity incapable of handlin9 the
disposition of his/her propery, the Employer may apply the whole
or any part of such benefit directly to the care, comfort,
maintenance, support, education, or use of such person or pay or
distribute the whole or any part of such benefit to:
(a) The parent of such person;
(b) The 9uardian, committee, or other le9al representative , or
other le9al representative, wherever appointed, of such
person;
(c) The person with whom such person residesr
(d) Any person havin9 the care and control of such personr or
(e) Such person personally.
The receipt of the person to whom any such payment or
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distribution is so made shall be full and complete discharge
therefor.
Inability to Locate Payee. Anything to the contrary herein
notwithstanding, if the Empl~yer is unable, after reasonable
effort, to locate any Participant or Beneficiary to who~ an
amount is payable hereunder, such amount shall be forfeited and
held in the Trust for application against the next succeeding '
Employer contribution or contributions required to be ••de
hereunder. Notwithstanding the foregoing, however, such amount
shall be reinstated, by means of an additional Empl~yer
contribution, if and when a claim for the forfeited amount is
subsequently made by the Participant or Beneficiary or if the
Employer receives proof of death ~f such person. satisfactory to
the Employer. Any benefits lost by reason of escheat under
applicable state law shall be considered forfeited and shall not
be reinstated.
Mergers, consolidations, and Transfers of Assets. The Plan Shall
not be merged into or consolidated with any other plan.
Employer Records. Records of the Employer as to an Employee's or
Participant's Period of Service, termination of service and the
reason therefor, leaves of absence, reemployment, Earnings and
Compensation will be conclusive on all persons, unless determined
to be incorrect.
14.09 Commonly Controlled Employers. For all purposes of this Plan,
the term Employer shall include:
(a) All corporations that are members of a controlled group of
corporations (within the meaning of Code Seciotn 1S63(a),
determined without regard to Code Section 1S63(al(41 and
(e) (3)(C)) that includes the Employer1 and
(bl All trades or businesses (whether or not incorporated) that
are under common control (within the .. aning of Code Section
4l4(c)) with the Employer.
14.10 Gender And Number. The masculine pronoun, whenever used herein,
shall include the feminine pronoun. and the singular shall
include the plural, except where the context requires otherwise.
14 .11 Applicable Law. The Plan shall be construed under the laws of
the State where the Employer ia located and ia established with
the intent that it meets the requirements as a Honey Purchase
Plan under Section 40l(al of the Code. The provisions of this
Plan shall be interpreted whenever possible in conformity with
the requirements of the Code.
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AGREEMENT
THIS AGREEMENT is intended by the undersigned to be a
conlract binding on and inuring to the benefit of the parties
hereto, their members, employees, administrators, successors and
assigns.
The parties are the City of Englewood (hereinafter "the
City"), by its Mayor and with the approval of the City Council, and
the Englewood Police Association ("the Association"), by its duly
elected a nd authorized representative,
This Agreement is effective upon the date of the last to
affix his or her signature hereon and is enforceable by civil
action for dec laratory judgment, injunctive relief, and any and all
damages and other relief of any kind available in the District
Court of the County of Arapahoe pursuant to the Colorado Revised
Statutes and the Colorado Rules of Civil Procedure. The contract
is therein enforceable and is binding upon the parties during any
period after the effective date, which period does not v i olate any
applicable rule against perpe tuiti es.
The parties, in consideration of the mutual covenants and
stipulations set out herein, agree as follows:
Section I
The parties have desired to withdraw police officers of the
City of Englewood hired after April 8, 1978 from the Fire and
Police Pension Association (FPPA) and to join them in a newly
established money purchase plan.
Section II
The money purchase plan shall be the ICMA Retirement
Corpo ration Prototype Money Purchase Plan and Trust (hereinafter
"Plan and Trust"), and the part ie s hereby agree to take all
necessary steps to establish such a plan.
Section III
The parties hereby agree and stipulate that the Englewood
Home Rule Char t er conclusively provides and sets forth that the
ICMA Retirement Corporation Money Purchase Plan and Trust is state
regulated as that term is used in the Home Rule Charter, Sect ion
137:5.
Section IV
The parties hereby agree and stipulate that the Englewood
Hom e Rule harter conclusively provides and sets forth that the
ICMA Retirement Corporation Mon ey Pu rchase Plan and Tr~st is a
non -negotilble subject of collective bargaining,
F.XHIBIT C
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Section V
The parties hereby waive all right, if any, pursuant to the
Englewood Home Rule Charter and/or Colorado Revised Statutes, to
make any claim or allegation to each other or in any forum
whatever that the Plan and Trust is a negotiable subject of
collective bargaining.
Section VI
The parties hereby contractually bind themselves and each
other and agree that, even to the extent that the Englewood Home
Rule Charter and/or Colorado Revised Statutes do not control or
have any effect, the Plan and Trust is a non-negotiable subject
of collective bargaining.
Section VII
The parties hereby waive all right, if any, no matter how
created or based, to make any claim or allegation to each other
or in any forum whatever that the Plan and Trust is a negotiabl e
subject of collective bargaining.
Section VIII
The parties expressly bind their members, employees and
governing bodies, representatives and officers to the terms of
this agreement.
SO AGREED.
Englewood Police Association
By--------------~~--~--~---Presl.dent
Date:
City of Englewood
By-=~----=-~~--~~-----Eugene L. Otl.s, Mayor
Date:
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BY AUTHORITY
ORDINANCE NO.~
SERIES OF 1985 COUNCIL BILL NO. 93.1
INTRODUCED BY COUNCIL
MEMBER Vobe~J~·d~a~------
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
$8,500,000 FLOATING RATE DEMAND INDUSTRIAL DEVEL-
OPMENT REVENUE BONDS (SWEDISH MOB I, LTD. PROJECT)
SERIES 1985 TO FINANCE THE ACQUISITION, CONSTRUC-
TION, IMPROVEMENT AND EQUIPPING OF A MEDICAL OFFICE
BUILDING; RATIFYING CERTAIN ACTIONS HERETOFORE
TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY
THE CITY OF THE BONDS, A LOAN AGREEMENT AND AN
INDENTURE OF TRUST , AND CLOSING DOCUMENTS IN CON-
NECTION THEREWITH; APPROVING THE FORM OF CERTAIN
ANCILLARY DOCUMENTS ; AND REPEALING ANY ACTION
HERETOFORE TAKEN IN CONFLICT HEREWITH.
WHEREAS, the City of Englewood, Colorado (the "Issuer")
is a city and a political subdivision duly organized and
existing under the Constitution and laws of the State of
Colorado (the "State"); and
WHEREAS , the County and Municipality De v elopment Revenue
Bond Act , arti cle 3 , title 29, Colorado Revised Statutes (the
"Act"), authorizes cities to finance one or more projects ,
including any l and , building or other improvement and real
and personal property, to the end that such cities may be
able to provide more adequate medical facilities, which
promotes the public health, welfare, safety , convenience and
prosperity; and
WHEREAS , cities are further authorized by the Act to
issue revenue bonds for the purpose of defraying the cost of
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financing any pro j ec t and all incidental expenses incurred in
issui ng such bonds; and
WHEREAS,-Swedish MOB I, Ltd., a Colorado limited part-
nership ("Swedish") has presented to the Issuer a proposal
whereby the Issuer will, pursuant to the Act, issue revenue
bonds hereinafter described and loan the proceeds therefrom
to Swedish to finance the acquisition, construction, improve-
ment and equipping of a medical office building (the "Proj-
ect"), which Project will be located within the boundaries of
the Issuer and qualifies as a "project" within the meaning of
the Act; and
WHEREAS, the Issuer has considered the above-described
proposal and has concluded that the benefits to the Issuer by
the issuance of the Bonds, described below, will be substan-
tial due to the provision by Swedish of increased medical
office facilities, an increase in employment and the
promotion of econom~c opportunity within the boundaries of
the Issuer; and
WHEREAS , the request for the issuance of the Bonds has
been reviewed by the Issuer's City Attorney who is of the
opinion that the projects to be financed with the proceeds of
the Bonds are in compliance with the City of Englewood's
requirements for issuing Industrial Development Bonds; and
WHEREAS , the City of Englewood, Colorado, Floating Rate
Demand Industrial Development Revenue Bonds (Swedish MOB I,
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Ltd. Project) Series 1985 in the aggregate principal amount
of $8,500,000 (the "Bonds") will be sold to provide funds to
finance the P~ject and to pay certain incidental costs
incurred in connection with the issuance of the Bonds; and
WHEREAS , there have been presented to the City Council
of the Issuer : (a) the proposed form of Loan Agreement dated
as of December 1 , 1985 (the "Loan Agreement") between the
Issuer and Swedish , (b) the proposed form of Inden-ture of
Trust dated as of Decembe r 1, 1985 (the "Indenture") between
the Issuer and First City National Bank of Houston, as
Trustee (the "Trustee") (c) the proposed form of Bond
Purchase Agreement with the initial purchasers thereof (the
"Purchasers"); and (d) the offering document to be used in
connection with the sale of the Bonds (the "Official
Statement").
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD , COLORADO THAT:
Sect~on 1. All action not inconsistent with the provi-
sions of this Ordinance heretofore taken by any of the
Issuer's officials and the efforts of the Issuer directed
toward financ~ng the Project, the issuance and sale of the
Bonds therefor, and loaning the proceeds thereof to Swedish
therefor be, and the same hereby are, ratified, approved and
confirmed. The distribution and use of the Official
Statement memorandum in connection with the sale of the Bonds
~s hereby ratified and approved .
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Section 2. The Issuer shall finance the Project, and
provide for the paying of incidental issuance expenses, by
depositing the-proceeds of the Bonds with the Trustee , which
proceeds will be disbursed by the Trustee to finance the
Project in accordance with the provisions and conditions of
the Indenture and the Loan Agreement .
Section 3. To defray the cost of financing the Project,
and paying the incidental issuance expenses, there is hereby
authorized and created an issue of revenue bonds designated
as "City of Englewood , Colorado, Floating Rate Demand
Industrial Development Bonds Revenue (Swedish MOB I, Ltd.
Project) Series 1985" in the aggregate principal amount of
$8 ,5 00,000 , to be dated as provi ded in the Indenture, bearing
interest from their date payable monthly, all as provided in
the Indenture, and matur i ng on December 1, 2010 and bearing
interest at a variable rate as determined in accordance with
the provisions of the Indenture, but in no case to exceed
18.0% per annum .
The Bonds are issuable as fully registered bonds, with-
out coupons, in the denominations as set forth in the
Indenture.
The Bonds sha l l be payable , shall be subject to redemp-
tion prior to ma~urity , and shall be in substantially the
form provided for 1n ~he Indenture. The Bonds shall be
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initially sold to the Purchasers pursuant to the Bond Pur-
chase Agreement .
Section ~ The following determinations and findings,
based upon information supplied and representations made by
Swedish, are hereby made in accordance with the Act :
(a) The amounts necessary in each year to pay the
principal of and interest on the Bonds are set forth in
Schedule I attached hereto .
(b) Due to the existence of a letter of credit to
secure the Bonds , no debt service reserve fund will be
established .
(c) The terms of the Loan Agreement pursuant to
which the Issuer will loan the proceeds of the Bonds to
Swedish provide that Swedish shall cause the Project to
be maintained in good repair and shall carry all proper
i nsurance with respect thereto.
(d) The rev enues payable under the Loan Agreement
are s uffici ent to pay , i n addi ti on to all other require-
me nts of t h e Loan Agreeme nt a nd thi s Ord i nance , al l s u ms
r e f e r red to in paragrap h (a ) of this Secti o n.
Section 5. The forms, terms a nd p rovi s ions of t he Loan
Agreement, the Bond Purchase Agreeme nt a n d the Indenture be
and they h e r e by are approved, and the Issuer sha ll e nte r i n to
the Loan Agreement, the Bo n d Purcha s e Agree ment a nd the
Indenture substa ntially in t h e fo rm of e ach of s u c h documents
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presented to this meeting , but with such changes therein as
the officer of the Issuer executing such documents shall
approve, his ~ her execution thereof being deemed conclusive
of his or her approval of any such changes, and the Mayor of
the City of Eng l ewood is hereby authorized and directed to
execute and deliver such documents and the City Clerk or any
deputy clerk is hereby authorized and directed to affix the
seal of the Issuer to , and to a t test , such documents in
substanti ally the form of each of such documents presented at
this meeti ng .
Section 6 . The forms, terms and provisions of the
Bonds, in substantially the forms contained in the Indenture,
be and they hereby are approved ; and the Mayor of the City of
Englewood is hereby authorized and directed to execute the
Bonds, the City Clerk or any deputy clerk is hereb y author-
ized and directed to attest the Bonds and each is authorized
t o de l iver the Bonds i n the forms contained in the Indenture
but with suc h c hang es therein as the off i cer of the Issuer
e x ecuting the Bo nds sha ll approv e , t he execut i on thereof
being deemed conclusive o f the of f i ce r's approv al of any such
changes . The seal of the Issue r is h e reby a utho ri zed and
directed to be affi xed to or imp rinte d on t he Bonds . The
signature of the City Clerk or any d e puty and the signature
of the Mayor of the City of Engl ewood o n t h e Bo n ds may be
manual or by facsimil e .
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Section 7. First City National Bank of Houston,
Houston, Texas is hereby appointed Trustee, pursuant to the
Indenture.
Section 8. The officers of the Issuer shall take all
action which they deem necessary or reasonably required in
conformity with the Act to finance the acquisition, construc-
tion, improvement and equipping of the Project, and to pay
incidental issuing expenses, and to carry out, give effect to
and consummate the transactions contemplated by this Ordin-
ance, the Loan Agreement, the Bond Purchase Agreement and the
Indenture, including without limitation the execution and
delivery of any closing documents, and the Official Statement
to be delivered in connection with the sale and delivery of
the Bonds, all of which are hereby authorized.
Section 9. THE COST OF FINANCING THE PROJECT WILL BE
PAID OUT OF THE PROCEEDS OF THE BONDS. THE BONDS , TOGETHER
WITH INTEREST PA YA BLE THEREON, ARE SPECIAL , LIMITED OBLIGA-
TIONS OF THE ISSUER PAYABLE SOLELY AS PROVIDED IN THE INDEN-
TURE. THE BONDS AND THE INTER EST PAYABLE THEREON SHALL NEVER
CONSTITUTE THE DEBT OR INDEBTEDNESS OF THE ISSUER OR THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING
OF ANY PROVISION OR LIMITATION OF THE CONSTITUTION OR
STATUTES OF THE STATE OR ANY HOME RULE CHARTER, NOR SHALL
ANYTHING CONTAINED IN THIS ORDINANCE OR IN THE BONDS, THE
LOAN AGREEMENT , THE BOND PURCHASE AGREEMENT, THE INDENTURE OR
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ANY OTHER INSTRUMENT CONSTITUTE OR.GIVE RISE TO A PECUNIARY
LIABILITY OF, OR A CHARGE AGAINST THE GENERAL CREDIT OR
TAXING POWER ~, THE ISSUER , NOR SHALL THE BREACH OF ANY
AGREEMENT CONTAINED IN THIS ORDINANCE, OR ANY OF THE
ABOVE-MENTIONED DOCUMENTS OR INSTRUMENTS, IMPOSE ANY
PECUNIARY LIABILITY UPON THE ISSUER, THE ISSUER HAVING NO
POWER TO PAY OUT OF ITS GENERAL FUND OR OTHERWISE CONTRIBUTE
ANY PART OF THE COSTS OF FINANCING THE PROJECT, NOR SHALL THE
ISSUER CONDEMN ANY LAND OR OTHER PROPERTY FOR THE PROJECT NOR
CONTRIBUTE ANY LAND OR OTHER PROPERTY TO THE PROJECT.
Section 10. After the Bonds are issued, this Ordinance
shall be and remain irrepealable until the Bonds and intereat
thereon shall have been fully paid, cancelled and discharged.
Section 11. If any section, paragraph, clause or provi-
sion of this Ordinance shall for any reason be held to be
invalid or unenforceable, the invalidity or unenforceability
of such section, paragraph, clause or provision shall not
affect any of the remainlng provisions of this Ordinance.
Section 12 . All bylaws, orders , resolutions and
ordinances, or parts thereof, inconsistent herewith or with
the documents hereby approved are hereby repealed to the
extent only of such lnconsistency. This repealer shall not
be construed as revivlng any bylaw , order, resolution or
ordinance, or part thereof .
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Introduced, read in full, and passed on first reading the 4th day of November, 1985.
Published as a Bill for an Ordinance on the 6th day of November, 1985.
Read by title and passed on final reading the
of , 1985. day
Published by title as Ordinance No. , Series of 1985, on
the day of , 198~
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify the above and foregoing is
a true and complete copy of the Ordinance passed on final reading
and published by title as Ordinance No. _____ , Series of 1985.
Gary R. H~gbee
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SCHEDULE I
Interest
at the Maximum Annual Date Principal Rate Pa::i!!!ent
December 1, 1986
through
December 1, 2009 0 1,530,000 1,530,000
December 1, 2010 8,500,000 1 ,530,000 10,030,000
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COUNCIL COMMUNICATION ~~
DATE October 23, 1985
Request for an ordinance exempt-
SUBJECT: ing the City from comp etitive
bid requirements for purchase & resa e.
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Parks & Recreation D~_artment f7TdT INITIATED BY
ACTION PROPOSED Reco mme nd a ppr oval of the attached bill for an ordinance
exempting the City from competitive bid requirements for purchas e of certai
supplies , materials and equipment for resale.
Introduction:
Section 113 of the City Charter requires competitive bid for purchase of any supplies,
materials, or equipmen t in excess of $2,500. Council shall not exempt any individual
contract, purchase or sale from the requirement of competitive bidding unless such
contract purchase or sales are made exempt by ordinance .
.-Bac kgroun d : 1:!. The City is anticipating negoti ... tion of purchase of golf materi als, supplies and
equipment by contract with a local supplier for resale at the Englewood Municipal Golf
Course as an option to the existing pro shop operations . In the interest of providing
revenue to the City, this can best be accomplished by purchasing and selling quality
goods at reasonable resale with a guaranteed supp ly of quality items from a local
supplier . Since competitive bid does not always guarantee the highest quality
merch andise or a readily available supply, these conditions could pose severe problems
to a successful operation. Purchase of items for resale by the City may often exceed
the $2,500 I imit, especially at the time of initial stocking of the pro shop.
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The City's Department of Finance will , by negotiated contract with a local suppl ie o·,
purchase all golf items for resale. Sales of items shall be handled by the a p pointee
of the City, acting as sales agent. Price control on purchase & resale shall be under
direction of the City.
Other Remarks:
Passage of an ordinance exempting the City from competitive bid for purchase of items
for resale will also apply to existing sale of items at the Recreation Center, Miller
Build i ng vending machines, program hats and T-shirts, and program sales of candy bars.
These items, with exe ~tions, rarely exceed the $2,500 I imit.
Recommendation:
That City Council direct the City Attorney to prepare a bill for an ordinance exempt-
ing the City from competitive bid requirements for the purchase of certain s upplie s,
material~and equipment for resale .
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ORDINAICE 00.
SERIES OF 198_5_
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BY AIJI'HORITY
A BILL FOR
CIJUtCIL BILL 00. 83
I~fB BY C:OUOCIL
HfMBER 7 :r?.-tJ cLJ.. t._ 6. L<. /
AN ORDINANCE ADDING SUBSECTION C TO SECTION 4-1-3-1 OF THE 1985
ENGLEloiOOD MUNICIPAL (X)OE, TO ENABLE CITY CIJUtCIL TO AUTHORIZE THE
CITY MANAGER TO PURCHASE OOODS UPON THE OPEN MARKET OR THROUGi
NEOOTIATIONS AND WITHOIJI' RECEIVING SEALED, CCJolPETITIVE BIDS
THEREFOR, BIJI' ONLY AS TO OOODS THAT ARE PUROiASEO FOR RESALE BY
THE CITY.
WHEREAS, certain goods are purchased by the City for resale
and such goods include vending machine supplies, clothing, golf
shop materials, supplies and equipment; and
WHEREAS, it is necessary for the City to be able to purchase
quality goods with a guaranteed supply fran local suppliers; and
WHEREAS, these itens for resale may often exceed the $2,500
lUnit and would require competitive bid for the purchases under the
present ordinance;
NCM, THEREFORE, BE IT ORDAINDED BY THE CITY COUNCIL OF THE
CITY OF E:NGJ:DJOOD, COLORADO, AS FOLLCMS:
Section 1. '!bat SUbsection c shall be adopted and added to
Section 4-1-3-1 of the 1985 Englewood MUnicipal Code, to read as
follows:
4-1-3-1: PURCHASES WITHOUT BIDS
C. THE CITY MANAGER OR HIS DESIQft:E SHALL HAVE THE AUTHORITY
TO PURCHASE OOCOS THAT ARE FOR RESALE BY THE CITY, UPON
THE OPEN MARKET OR 'niROUGi NfXDI'IATIONS AW WITHOIJI'
RECEIVING SEALED, CCJolPETITIVE BIDS THEREFOR.
Introduced, read in full, and passed on first reading on the
18th day of NovEmber, 1985.
Published as a Bill for an Ordinance on the 20th day of
NovEmber, 198 5.
Attest: D.lgene L. ot1s, Mayor
ex off1cio C1ty Clerk-Treasurer I • •
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Fllglewood, Colorado, hereby certify that the above and
foregoing is a true and canplete copy of a Bill for an Ordinance,
introduced, read in full, and passed on f i rst reading on the 18th
day of November, 1985.
Gary R. Higbee
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RESOLUTION N0.$0
SERIES OF 198 5 __ _
A RESOLUTION REQUESTING THE CORPS OF ENGINEERS AND/OR STATE OF
COLORADO TO CONSTROCT A WHITEWATER BYPASS AROUND UNION AVENUE DAM.
WHEREAS, the u.s. Army Corps of Engineers (hereinafter
"Corps") and the State of Colorado water Conservation Bo ard
(herei na fter "State of Colorado") acquired right-of-way and
constructed t he Union Aven ue Dam (hereinafter "Dam"); and
WHEREAS, the City of Englewood presented a "Preliminary
Report , Un ion Avenue Diver sion and Pumpstation ," which recarrnended
a des ign that would not have been as dangerous to boaters and
further suggested a wh itewater bypass; and
WHEREAS, the Corps built the Dam with total disregard for
the recommendations for safety of boaters contained in the report;
a nd
WH EREAS , there have been two drownings since the Dam was
construc ted;
~. THEREFORE, BE IT RESOLVED BY THE CITY COlJOCIL OF THE
CITY OF ENGLEl'i'OOD, COLORADO, THAT:
The City of Englewood requests the Corps and /or the State of
Colorado to construct a wh i tewater bypass around the Union Avenue
Dam, which woul d greatly lessen the danger to boaters , floaters and
kayakers who may attempt to otherwise pass over the Dam.
ADOPTE D AND APPROVED this 18th day of November, 1985.
Attest:
I , Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of Resolution
No. , Series of 1985.
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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 SUBJECT six-quarter Budget for
November 13, 1985 period October 1985 through
h
INITIATED BY City Manager
ACTION PROPOSED Resolution adopting the Six-quarter Budget for
period October 1985 through March 1987 be approved by City Council
BACKGROUND
The Public IMproveMent fund <Pif> Six-Quarter Budget procee5 wee
adopted in the sUMMer of 1973. The essence of the Six-Quarter
Budget is that the City has a continuing budget which extends
one-and-one-half years into the future. [very quarter. the City
Council reviews and analyzes this budget. and if projects are
delayed due to unavoidable circuM5tances. they are dropped back
into this budget. while projects ready to go are Moved forward.
The Most current revenue forecasts are used. and if additional
funds bec~e available. specific projects May be MOved forward
and coMpleted ahead of schedule or a new or eMergency project May
be added.
1985 CHAHGES
Little Dry Creek project to iMprove the channel to carry the
lDO -year 5torM was reduced by Sll5.0DO in the 1th quarter. These
funds represent the Ubran Drainage & flood Control Dietrict•5
participation frOM Clarkson to Broadway. Since these iMprove -
Ments will not be Made in 1985. we will include theM 1n 1986.
Belleview(Miller Park lMoroueMents wa s reduced by $39.000 in the
1th quarter due to lower revenues received froM the lottery fund
in 1985 by that saMe aMount. A letter froM the Parks DepartMent
i5 attached w1th an explanat1on of how expend1tures will stay
w1thin the reduced budget.
HrQ~(Belleview Sidewalk 1s a new proJect budgeted for ~20 .000
in the 1tlo quarter. These fund s represent th~ Ci ty• s SOX s hare
for the Colorado Oepar·tMent of lhghway s to 1nstall a flue -foot
51 dewel k along the north 51 de of Belleview runn1 ng t roM th •·
intersectlon to th., ea s t. n l.,t.t.er froM the COOH r.,que st.lng th e L'v'• partmpahon •• aHaoh•d .
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1986 CHAHGES
All of th~ 1986 chang~s confor~ to th~ 1986 Pir budg~t approu~d
by City Council. including $60.000 for playground equi~~nt
r~plac~~~nt end $35.000 for Sinclair Pool r~pairs ae dir~ct~d by
City Council at th~ budg~t r~tr~at. +(<>(), tJ?.iU 11' <))1.. >"'~
1 98 7 AOOJ IIOHS
3~-.( -c.~· J
l.ittl~ Oru Cr~~k proj~ct r~ceiv~d $196.000 in th~ 1st quart~r .
which co~p~i~s . with th~ fiv~-y~er plan .
S id~walk P.eoeir Progro~ to r~pair d~t~riorat~d concr~t~ r~c ~i v~d
$50 .000 1n th~ first quart~r os approu~d tn th~ Pir fiv~-y ~or
plan.
Ha tur r C ent~r project is $50 .000 in s~~d ~on~y to b~g i n looking
i nto 1he possibil i ty for a Ci ty Hature Cent~r.
Oown1own l~orov~~~nts r~ceiu~d $69.000 in th~ first quarter to
cont1nu~ ~isc~llon~ous i~prov~ents in the downtown er~a. This
project is budgeted in the Pir five-year plan.
Pir Balance for this Six -Ouart~r Budoet:
As of S~pt. 30. 1985 . Pir rund Bal. -------<S379.050>
By D~c . 31. 1985. th~ fund bolanc~ will b~ o pos1tiu~
$126 .187.00.
RECQ'!'1EHOATIOH
The r ~e olut i on wh i ch adjus t s th ~ Publ ic l~prou~~~nt r und as
d esc r i b ~d e bov~ is ottoc h e d for your con si d~rot i on .
GRO
SUGGESTED ACTION:
MOVED BY _______________________________ _
SECO ND·--------------------------------
YE S ________ _ NO ____________ ~BSEN T __________________________ __
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TO: Gary Diede. Director of Engineering Services
fROM: E. P. RoMans, Director of Parks and Recreation
DATE: HoueMber 13. 1985
SUBJECT: Status of Budgeted and Actual Lottery funds
Budgeted Inc oMe $162 ,979.00 -Balance of unspent Lottery fund as of Dec. 31. 198~
160 OOO.DO -Anticipated Lottery funds for 1985
S322,979.0D -lola) available fund s
Budgeted Expenditures
110,331.DO-Reduce Mill levy for recreation center
50.000.00 -To South Suburban Park foundation for trail froM
HaMpden Ave. to Oxford Ave.
162,618.00 -IMproveMent s for Belleview Park 6 Miller field
9,000 -IMproveMents to irrigation and p~p at
M1ller field
11,000 -Replac e s prinkler heads and prov1de
drainage for fi.eld:s at Miller fit·ld
15,000 -Stablize the bank at the Belleui w tennis
co urt s
25.000 -Re s urface the Belleview tennis c urts
BO.ODO -Landsca pe slopes at Belleview te11nis
courts
22 618 -Contingency
$162 .618
Actual IncOMe S1 G2.97q.oo -Balance of uns 11ent Lottery fund:s as of De . 31. 1<81
121 53q.6? -Actual Lottery fund s received for 1985
$281,5111.62
Ue are $38 .160.38 short of the $322 .979 budgeted incoMe.
Adiusted [xpenditur~s
El1Minate contingency fund for Belleu1ew Park and
Miller field IMproveMent s
Reduce the landscaping of Bell~v1ew s lopes froM
sao .ooo to S61 ,1B7.62
s ; 2,61f .oo
Hote: The DepartMent of finance s how s a $39,000 s h ortage fo OM t~·
actual Lottery funds recPJved by c~ty. I wil l check wLlh l ull ~
Luca s on this discrepancy .
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DIPARTII&NT Df1 HIGHWAYS
OillriCll
JDDO 8oulh Hilly ..,...
o-n-. Coloredo lOIII
1303) 757-1011
October 7, 1985
Hr. Andy McCown
City Manaaer
City of Enalewood
3400 s. !lati
Enalewood, Colorado 80110
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STATE OF COLORADO
Subject : Sidwalk at Broadway and Belleview Ave
Dear Hr. McCown:
We have reviewed your requeat for • aldewalk on the northeaat corner of
Broadway and Belleview Ave. The eatiaated co1t1 for the three alternatives
studied are •• follows :
Preli•1nary Enaineerina
Construction
Rl&ht of Way
Utllitiea
4' walk
$3,000
14,000
14,000
5,000
$36,000
5 ' w•lk
$4,000
15,000
16,000
5,000
$40,000
8'walk
$4,000
24,000
28,000
10,000
$66,000
We rec~nd aoina with a 5' aidewalk, becauae the 8' aidew•lk could result
in aufficient da .. ae• to the a•• atation that a total buyout of the a••
station aay be required.
A• dllcu11ed at our -•tin& with repreaentativea of F.nalewood on Auautlt 2 1
e 50 /50 aplit would be $20,000 for Enalewood and $20,000 CDOH. We wi ll
proceed wi th deaian and con1truction •• aSBK •• we aet your conc urrence
on the 5 ' a i devalk •
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RESOLUTION NO . 0 I
Series of 1985
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A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood, Colorado,
desires to make certain changes within the Public Improvement Fund;
NOW , THEREFORE, BE IT RESOLVED, by the City Council of
the City of Englewood, Colorado, as follows:
Section l.
The following estimated appropriations of funds are hereby
made in the Public Improvement Fund:
Source of Funds
Fund Balance
Application of Funds
Little Dry Creek
Belleview Miller Park Improvements
Broadway/Belleview S i dewalk
Total
Section 2.
$
$ (134.,000 )
(115 ,000)
( 39,000)
2 0 ,000
(134,000)
The City Manager and Director of Finance are hereby
authorized to make the above changes to the 1985 budget of the Cit y of
Englewood .
ADOPTED AND APPROVED thi s/ ftfJ day of fUn '>~
1985 .
Eugene L. Otis, Mayor
ATTP.ST:
ex off1cio C1ty ~lerk-Treasurer
I , Gary R. Higbee, ex officio City Clerk-Treasurer, of the
City of EnglewooJ, Colorado, do hereby certify that the above and
foregoing is a true, accurate, and complete copy of Resolu tion llo.~/ ,
Series of 19 85. ---
r.ary R. Higbee
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01 Storm Dra1nage Gt!neral
16 L1. t le Dry Cn~_ek
18 l>wtn Drnge ' Trafc Impr
2 4 Traffic ImprV'Illlts-Broadway
15 LL t le Dry Creek Engrg.
31 Road and Bridge
70 River Development Phase II
AS Rtvtar Ol!veloprnent Phase III
37 Slrl"'v,..lk Repair
78 Pts ol Range
72 An imal Control Shelter
95 Housinq Rehabilitation
q 4 R,.er~a tion Cen t~r
1 4 Ellr1dq,. R~pal r
92 EDDA Wa l kthru-..,est sidc.-
91 Urban P•n .. wa l Auth. Pro1 Pc •
02 Cl i'ty Str ,.~t. Dra.inaqtll!:
14 L1 t ·t ~ Dry Cre•k-Oetn . Pond
R9 Halley Park i nq Lo •3
8 4 House Hov.1n g Proqr~~tm
85 Bn>ddvay Pacade
53 l~<'ll'!!pdPn/Sant.a Fe Landscaping
2~ Paving District 130
91=1 Sr:>f!cial Proj ect-Enqineer
75 Facility Impro vement•
90 Traffl c E:nqrq Aide
11 Go1f Cou r s e Pumps
A2 N<-w Cit y Hall Library
1;4 P..ll••tl~w 1 "4 ill•r Plt Impr
99 Pav1nq District 1)1
81 DrPrige Cush inq Po nd
73 S.,uth Platte Tra1.l
Down o wn tmprove~aents
... ..,mmun1,..4 ion EQuipment
Si n,..l.nr Pool Rf"pdir
Pl·•Y"lrt.)llnrf F..quip~nent
"l tf"·u·,a r·,.n.-.. r
EST
PROJ
~
6,532
6, 300 ,000
180,000
135,000
1,016,000
800,000
721,300
1,100,000
120,000
12,000
]], 000
100 , DOD
4, 743,000
60 ,000
120,000
3, 500,000
l, 500
, • 846,000
llO,OOO
104,750
40,000
100,000
360,000
60,000
100,000
25,000
125 ,000
518,000
162,648
400,000
14,000
100,000
220 ,000
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0
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20,000
0
0
APPRO
~
6,532
3,4 73,096
20,677
135,000
79~, 150
849, see
395,850
1,100 ,986
109,000
4
JJ,OOO
100,000
4,936,000
75,000
99,675
5,473 ,470
3 ,400
1, 777,920
310,000
104,750
40,000
0
360,000
55,005
( 100,000)
2 4,769
125,000
19,000
162,648
35,000
14,000
100 ,000
0
0
0
n
0
0
0
•
• -
SIX (X) ARTER BUDCET
Oc ober 1985 -Marc h, t 987
EXP
BAL
~
$ 2, 000
1,621 ,85C
20 ,67 7
113,380
787.565
810,028
]66, coo
1,097 ,830
R5,C76
4
31,000
100,000
4,681,694
930
86,675
5,473,470
2 ,930
1, 774,979
230,741
169,027
31,882
0
0
55,005
(100,000)
24,769
112,800
19,000
31,366
0
14,317
0
0
0
0
I)
0
0
0
PROJ
SAL
09/30/85
4, 532
·1 ,851, 242
0
21,620
8, 585
39,560
29,450
3,156
23,524
0
2,000
0
25 4,306
74,070
13,000
0
470
2, 941
79,259
(64,277)
8, '18
0
360 ,000
0
0
0
'2, 200
0
131,282
35,000
(317)
100,000
0
0
0
0
0
0
0
$
4TH
C'!'R
1985
TOTAL
APPRO
~
0 0
(115,000) 1,750,153
0 (122,323)
0 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
100,000
0
0
0
(39,000)
0
0
0
0
0
0
0
20,000
0
0
0
195,346
0
0
29,000
(29,996)
0
100,000
261,000
15,000
( 15, 325)
2,379,000
0
(67,694)
0
0
0
( 100,000)
325,000
38,480
0
24,769
125,000
19,000
123,648
35,000
0
100,000
0
0
0
0
20,000
0
0
1ST
C'!'R
~
0
139,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
45,000
0
26,000
0
0
0
0
0
0
270,000
100,000
0
10,000
0
0
0
0
2ND
C'!'R
~
0
100,000
0
0
0
0
0
0
50,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
400,000
0
0
0
0
35,000
0
0
60,000
0
0
100,000
0
0
0
4 00,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
35 ,000
0
0
0
0
0
0
4TH
OTR
1986
0
200,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 ------------------------------------·-------------
C34,'lOOl~s. >o<.n•~ s 5<>o .noo 5645,000 s 535,000 $200,000
'""P '·'IU "; ... "1. $21,4 75 ,711') S20,6)5,S20 $17,645,7Q9 S2 ,9PQ,7"
--·····-·· -······--· ---···· -·--·--· --------------···--····--·
• •
1ST
C'!'R
.!1!:!
0
196,000
0
0
0
0
0
0
50,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
69,000
0
0
0
0
0
50,000
365,00'
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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
November 12, 1985
City Manager INITIATED BY
/E~
SUBJECT
Better Air Campaign
A resolution be adopted recognizing the support ACTION PROPOSED ______________________________________________ __
of the City of Englewood for the Better Air Campaign.
BACXGROOND
For the past couple of years, it has been announced that the Denver
Metropolitan Area has the worst carbon monoxide problem in the United
States. If the Denver metropolitan area does not meet federal health
standards for carbon monoxide by December 31, 1987, the State may lose
a substantial portion of its federal highway funds. In order to meet
these standards, carbon monoxide (CO) levels must be reduced by 130
tons on high CO days.
The Better Air Campaign was created through a public-private sector
task force established by Governor Richard Lamm in 1984. Reducing CO
levels in the metro area is the overall goal of the Better Air
Campaign. The period specifically targeted is November 15, 1985 to
January 15, 1986. During these two months, meteorological conditions
combine to produce an average of 15 high pollution days when CO levels
are particularly unhealthy. The goal this year is to achieve a
reduction of 2.4 million miles of travel on high pollution days.
This year the Better Air Campaign will employ a variety of ways in
which motorists can participate effectively. It is especially
im portant to reduce the number of vehicles on the road on high
p o llution days, particularly during the peak traffic period from 3 to
6 pm.
Metro area motorists will also be asked to leave their cars at home
one day a week based on the last number of their license plates
andwill be encouraged to use alternative means of transportation such
as riding the bus, carpooling, bicycling orwalking •
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The automobile is the primary source of carbon monoxide in the
six-county metro area. To cut co, the number of automobiles on the
road each day must be limited. By participating in the Better Air
campaign, motorists will make it possible for the Denver metro area to
meet federal health standards for carbon monoxide by December 31, 1987
and to enhance the quality of life for all citizens.
RECOMMENDATIOlf
It is recommended that Council adopt the resolution recognizing the
support of the City of Englewood for the Better Air Campaign.
SUGGESTED ACTION:
MOV ED BY
SECOND ______________________________ __
YES ____________ _J .O ____________ ~ BSENT __________________________ _
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:E::::::::a:0 ~:::~I:GS:::·:.::O::::~AN AREA BETTER ~ ~
AIR CAMPAIGN AND URGING ENGLEWOOD RESIDENTS TO CURTAIL
THEIR DRIVING ON HIGH POLLUTION DAYS.
WHEREAS, Englewood residents are increasingly concerned
about their air quality; and
WHEREAS, Englewood currently exceeds clean air health
standards for carbon monoxide pollution, which pollution affects
everyone's health; and
WHEREAS, Englewood's high altitude and cold winter
temperatures cause cars to operate less efficiently; and
WHEREAS, the Metro Area peak air pollution season is between
November 15 and January 15; and
WHEREAS, motor vehicles produce 90\ of the region's carbon
monoxide;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
1. The Mayor and City Council encourage Englewood resi-
dents, on a purely voluntary basis, to leave their cars at home
one day a week from November 15 to January 15.
2. The Mayor and City Council ask all drivers to cancel or
po s tpone nonessential trips on high air pollution days.
3. The Mayor and City Council officially support the
"Better Air" campaign and declare that copies of this Resolution
sha ll be transmitted to the Colorado Department of Health Better
Air Campaign and the Denver Regional Council of Governments.
ADOPTED AND APPROVE D this 18th day of November, 1 985.
Attest:
Eugene L. Ot1s, Mayor
ex-QtflClO City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of Resolution
No.~, Series of 1985.
Gary R. H1gbee
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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 November 13 , 1985 AGENDA ITEM
I
INITIATED BY Finance Department
SUBJECT Money Purchase Plan for
Department Heads
ACTION PROPOSED Approve a resolution authorizing the City Manager to establish
a r~oney Purchase Plan for City of Englewood Department Heads.
131\CKGROUND
Currently Englewood Municipal Code 3 -6C-1B paragraph 2 provides for. a
confidential secretary, managerial employees, or supervisory emplo yee s t
participate in the International City Management Assoc i ation -Ret i remen
Corporation (I.C.M.A.-R.C.) Plan. Which under I.R.S. regulations is a
457 Deferred Compensation Plan.
The current 457 Deferred Compensation plan has certain restrictions such
as an employees salary may not be deferred beyond 25% of arnual earnings
or a maximum of $7,500.00 whichever is less , and restricticns preventing
transferring of these assets from a 457 Plan into another c eferred
compensation plan with a non-governmental employer.
The City of Englewood department heads desire the establisrment o f a
ICMA-Retirement Corporation prototype Money Purchase Plan P stablis h ed
wi th i n the IRS 40l(a) regulation. Instead of the City mak J ng
contributions to the current 457 Deferred Compensation Pla n the
Department Heads desired for the City's contribution to be contributed t
the 40l(a) prototype Money Purchase Plan. The benefits derived from the
establishment of a Money Purchase Plan are those employees who wish to
s et aside extra moni E-s for future retirement benefits may r3ve
contributions going i nto the 402(a) Money Purchase Plan as ~ell as the
current 457 Deferred Compensation Plan, and the IRS regulations
restricting the portability in the 40l(a) prototype Money PJrchas e Plan
are much more flexible than the 457 Defined Contribution Pl 1n.
RECOMMENDATiotl I
P .1ssage of the proposed resolution establish ing a 40l(a) prntotype money!
purchase plan for the City of Englewood department heads wh :ch do e s not I
increase employee benefit costs to the city of Englewood •
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RESOLIJI'ION NJ. $3 SERIES CF 1985 __ _
A RESOLUTION APPROVING ESTABLIStfolENI' CF A l'«lNEY PURCHASE PLAN FOR
MANACE1ENI' srAFF CF 'ffiE CITY CF ENGUWOOD.
WHEREAS, the City of ~lewood has previously adopted the
ICMA Retirement Corporation deferred compensation plan for the
management staff of the City of ~lewood; and
WHEREAS, the City of ~lewood wishes to establish a money
purchase plan to cover those of the management staff who desire it
in loihole or in part; and
WHEREAS, the City of ~lewood intends to withdraw frcm the
ICMA Retirement Corporation deferred compensation plan those of the
mana<J ement staff who desire to change to the money purchase plan in
whole or in part.
K:W, 'niEREFORE, BE IT RESOLVED BY 'mE CITY COUtCIL CF 'nfE
CITY CF ~E.iOOO, COLORADO:
Section 1. 'lhat the establishment of a money purchase plan
for City of ~lewood management staff is hereby approved in the
form of the ICMA Retirement Corporation Prototype M:>ney Pu cchase
Plan and Trust.
Section 2. 'lhat those !IIBilbers of the manageliE!l'lt stiff who
desire to withdraw frcm 'lhe ICMA Retirement Corporation dE ~erred
compensation plan and participate in the money purchase pl m and
hereby authorized to do so in lotlole or in part.
Sectio~. 'lhe ICMA Retirement Corporation Prototy)(! l't>ney
Purchase Plan and Trust shall be maintained for the exclusive
benefit of eligible employees and their beneficiaries, and the City
Manager is her eby authorized to execute all necessary docu nents.
AOOPI'ID AND APPROVED this 18th day of ttwember, 198 ).
&~gene L. 0t1s, Mayor
Attest:
ex officio C1ty Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Erglewood, Colorado, hereby certify that the above aro
foregoing is a true, accurate and canplete copy of Resolution
No. __ , Series of 1985.
Gary R. H1gbee
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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 ·tifM -SUBJECT Easement for Right-of-Way
November 18, 1985 I /G-in the 2300-2400 Blocks of W.Union Av~
INITIATED BY Fpgjpeprjng Servjces Department
ACTION PROPOSED Apprmral of a ResnluHap accepting Grant of Easement
for Right of-Way
BACKGROUND:
colorado Disposal Inc. is constru~ting a trash transfer station
at 2400 w. Union Avenue. In conjunction with this the City of
Englewood required they also construct a Left Turn pocket for the
extra traffic they will generate. Public Service Company, owner
of the land on the North Side of Union Avenue has agreed to grant
to the City the additional Right-of-Way necessary for this project.
FINANCIAL:
$1 and the Considerations. All construction and engineering
costs to be the responsibility of C.D.I.
RECOMMENDATION:
It is recommended that City Council approve the Resolution
to accept the Grant of Easement for Right-of-Way for Construction
of the Left Turn Lane for C.D.I.
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RESOLUTION 00
SERI ES OF 198
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A RESOLUTION ACCEPI'ING EAS~ENT FOR RIGfl'-oF-WAY PURPOSES FR<Jo1 'mE
PUBLIC SERVICE Ol'IPANY ro THE CITY OF DG.EI'IOOD IN THE 2300 -2400
BLOCKS CF WEST UNION AVENUE IN THE CITY OF ENiLEWOOD FOR A LEFT
TURN POCKET AT COLORADO DISPOSAL, INC. TRASH TRANSFER srATION.
WHEREAS, Color::~o DispcSal, Inc. is canst1:octing a trash
transfer: station at 2400 W. Union Avenue, Englewood; and
WHEREAS, the City of Englewood has required Colorado
Disposal, Inc. to construct a left turn pocket for the extra
traffic they will generate; and
WHEREAS, Pllblic Service Qlnpany, owner of the subject land
on the north side of West Union Avenue, has agreed to grant the
City of Englewood an easement for: right-of-way for this purpose;
~. THEREFORE, BE IT RESOLVED BY 'mE CITY COUNCIL OF 'mE
CITY OF ENGLI'liOOD, COLORADO, THAT:
The City hereby approves the Grant of Easement and
Right-of-Way agreement from Public Service Oampany to the City of
Englewood for: a left turn pocket at 2400 W. Union Avenue, the
location of Colorado Disposal, Inc. trash transfer station. A copy
of said agreement is attached hereto and incorporated herein by
reference.
AOOPI'ED AND APPROVED this 18th day of Novsnber::, 1985.
Eugene L. 0t1s, Mayor
Attest:
ex off1cio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of Resolut ion
No. __ , Series of 1985.
Gary R. Hlgbee
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GRANT OF EASEMENT AND RIGHT-OF-WAY
KWOW ALL KF.N BY THESE PRESENTS: That, PUBliC SERVICE COMPANY o F
COLORADO , a corpnrutton of the State of Colorado, vho&e addre•• !ti 1)1)0 l'i th
Street, Denver, Colorado, for the sum of ONF. OOU..AR (Sl.OO) tn hand pa1d und
f o r other valuable con~fderatton, does hereby grant, bargain sell and convey
to City of Englewood, State of Colorado, a penunent ease•ent for the
installation, construction, repair, maintenance and reconstruction of a road
~md underground utili ties along and across the followtna described real
property, situate in the County of Arapahoe, State of Colorado, to-wit:
A tract of land lying in a part of the Southeast 1/t., Northeaat
1/4 of Section 8, Township S South, lt.ange 68 West of the 6th P.M.,
and a part of the Southwest 1/4, Northweat l/4 of Section 9,
Township S South, Range 68 West of the 6th P.M., County of
Arapahoe, St.ote of Colorado being more particularly descr.tbed aa
follows:
Co..encing at the Southeast corner of the Southeast 1/4, Northeast
1/4 of said Section 8; thence N.28.41 '48"£.. (basis of bearings
being the S->u th line of the Southeast 1/4, Northeast 1/4 of said
Section 8 being S.89°~l'23"E.) a distance of 89.34 feet t o the
moat Easterly corner of a parcel of land described in Rook 1113 at
Page 63, said point being the True Point of Beginning; thence
S .76.09'2S"W., along the Southeasterly line of said Book 1113 at
Page 63, a diatance of 179.88 feet to the aoat Easterly corner of
a parcel of land described in Book 173S at Page 137; thence
N.89.S1'2311 W. along the North line of aaid Book 173S Pap,e 137, a
diatance of 428.00 feet: thence N.86.17'16"E., a diatance of
4)1.77 feet; thence N.79.48'S,I"E., a diatance of 149.00 feet to
the Northeasterly line of aa!d Book 1113 Page 63; thence
S.63•so'S3"E. along said Northe-asterly line a distance of 28.00
feet to the True Point of Beginning, containing 9923 square feet
(0.228 acres) more or less.
Grantor reserve& the right to place utility facilities in, under, over and
acrot>s said ease1nent which do not interfere with its use.
This grant is subject to the following conditions:
1. The easeaent herein granted is subject to the lien of the Grantor' a
Indenture, and to its terainatton by the lnd•nture Trustee upon the
occurrence of an event of default under the Indenture.
2. Grantee acknowledges that 1t haa been fully advlled by Grantor that
the electric conductors on the electric linea. which are in the area of the
preaiees. or which aay be installed in the future, tranaait or vill transait
electric current up to 230 ,000 volta or aore and that the conductor• on the
electric lines are oot insulated. Grantee shall advise all ita eaployeea,
agent. contractor• and other p¥raona who enter upon the pre.aiaes purauant to
the provisions of thta eaae•ent of the dangera involved •
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3 . Grantee aareea to save, tndewtnify and hold Grantor hatwleaa froa
and against any liability, or daaage to Grantor's factlttiea and all clatN
o r demands whatsoever in nature and all reasonable expenaea, tncludtna
attorney•' fees, artstna froa Grantee's uae of the easeaent herein aranted,
provided, however, Grantee's liability shall not eaceed tba follovtna ltat ta:
for bodily injury or death, up to a aaxiltUII of 1100,000 for any ona person;
$300,000 aaxiaua liability fM any one act involving one or .are persona; and
a aaxt ... of 1100,000 for property d ... &•·
4. Uee of the prestaea by the Grantee shall be for roadway and
underaround utility fac:111ty purpoaea only. Grantee shall not rataa the
existing grade of the easement ao as to reduce the final 1rouad clearance of
Grantor' & tranaaission line vi rea, vi thout ft rst obtatnin& Granter' a vrt ttan
peMiaaton.
5. Thfa eaae•ent is issued aubject to any prior ltcenaea, eaa ... nta,
or leaaea &ranted by Grantor for facilitie.a of other parttea.
6. In caae of the peraanent abandonaent of thta eaaeaent, all rtpt,
privilege aod intere&t herein &ranted ahall end, ceaaa and deteratne.
IN WITNESS WHEREOF, the Grantor baa cauaed 1 ta corporate n ... to be
hereunto aubacrtbed by ita Vice Pre&ident, aDd ita corporate aeal to be
hereunto affixed, attested by ita Aaaiatant Secretary, tbta ___ day of
-----------· 1985.
A'l"I'EST: PUBLIC SERVICE COMPAIIY OF COLOIADO
By ________ _ By ___________ ___
Asaiatant Secretary Vice President
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ST AT!: OF COLORADO 1
)sa.
CITY AND COUNTY OF DENVER )
The foregoin& instrument was acknowledged before ae thie ___ day of
----------' 1985, by __________ .aa Vice Pruident and
__________ .as Assistant Secretary of Public: Service Cc.pany of
Colorado, a Colorado corporation.
My ca.ataeton expJre.a. ________ _
Witness ay hand and official aeal.
Notary Public
Accepted thla ___ day of __________ , 1985 .
ATTEST : CITY OF ENGLEWOOD
By:~T~i~t~l~o~:------------------By: ____________________ _
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EASEMENT FOR
ROADWAY
WEST UNION
-------------N!U4 SEC .&
T.5S.
R.68W.
EASEMENT CONTAINS 0 .228 ACRES
CITY OF ENGLEWOOD 0 Public Service· -----
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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 SUBJE'CT
November 18, 1985 General Iron Final Subdivision Plat
INITIATED BY City Planning and Zoning Commission
ACT I ON PROPOSED Approve the General Iron Subdivision Plat
INTRODUCTION AND BACKGROUND:
The proposed General Iron Subdivision is located at 600 West Bates Avenue. Part of the
property owned by Stearns-Roger has been platted, but the larger portion, which is the
location of the General Iron Works facil ity, has not been platted. Stearns-Roger
Manufacturers, Inc., the property owner, wishes to sell General Iron Works, but
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etain ownership of the northern parcel . General Iron Works is still in operation until
.he end of the year. At that time, the sale of the property will take place if the
subdivision has been approved and recorded.
A public hearing was held on September 17, 19 85, by the Planning Commission to consider
the proposed subdivision plat. It was approved and is being referred to City Council
for its consideration. The Planning Commissioners had no concern with the plat, but
are concerned that screening be provided along the east side of the property because
the indu s trial property is adjacent to a residentially zoned area. Stearns-Roger
has agreed to construct a solid six-foot fence 30 days after the approval of the
subdivision.
There were no persons present at the public hearing who testified for or against the
proposed development.
Attached are copies of the Staff Report, application, plat drawings and Planning
Commission Findings of Fact.
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""''J Ul ._,,V, ... "'~' WUIUieUV
Ap~ :1cation tor Subdivision
Applicant Name · ~a !!_dmark Enp.in~c ring Ltd.
Add reu: ~~(10 W. Eisenhower Blvd .
Telephone . _ _..!l~!l.l!U-..lltlLQ.i_.l!6.~<2:z.9-=.7L1u2._,4,__ ___________ _
Re \al ton to Request: Ensine~r /Surveyor _,_r_,o"-r-"Own=e"'r,__ _______ _
Owner Name :
Stearns-Roger Hanufa~c~t~u~r~e~r=-•~·~l~n~c~----------
Add ress· ___ 4_5_o_o_s_. _c_h_e_r_r_:.y_c _r _••_l<_D_r_. ___________ _
Glendale, CO 80222
Te~p~:-~6~~-;2~4~14~-----------------------------------
The unoera,gned certifies that he understands that at the ttme the Pralimtnary Oe5tgn
11 aubmaned to the Director of Planmng thete shalt be collected a tiling ... of
SSG 00 tor the f trat 10 acrea or any part thereof ot the parcel to be eubdawlded, and
a tee of S2 00 tor each acre In aaceu of 10 acres . Further, all recordtng ,.., •
requtred by the County Cterk and Recorder shall be depo .. tad with the Ctty C\ertt
upor: rhe approval of the Fuwl Plan. The underatgned further centftes that he has
recetwed a copy of 1M SubdiYialon Reg ula11ons ot the C•ty of Eno~ (Tit .. XII ,
Chapter 3 of the Munlctpal Code), and that he underatandl that tua aubdhna•on tn~
be drawn '" accordanCe w ith ttwte Regulahone.
City U.. Only .
Appl ocff(IAust ~ oigned by pe,..,., liol>le tor lilong tee)
d ~,_ ~~o.-===--~· _____ Owner
~..J-~ 6...,,._ -......... 4t I t.W.
Common oescnptton of parcel to be aubdiYt cted :
Ge neral Iron Works Site ~ddresaed 600 w. Sates Ave.
Legal dHCnPt•on of parcel to be aub<hvtded
See Attached Legal Dea c ripti o n
f-.--Area of parc.et to be aubd •_.•ct&d
19.797 Ac r e•, 110re or leas
-Pr.,..nt lOftlftQ · 12 -Cenerol Induotrial ~ 11-L11ht lnduotrial
No choJI•St. i n u• cr addJt1onal conlitrurt 1on
._~l111iviJt • Lin. rrnp~·rt)' 1h bt h1. sad lO all
Oeporl,.,..nl of Communoty O.velopment
3400 S Elata • Engi<Hwood . Color8d0 10110
Cl f .t , •. 1 00
i ll anti ct patl!:d at th11 ti•t•. The r queat to ••1• of po rtion of the ext&ting f Dc 1ltt1 &.
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Lec;al DE:scription For "General Iron Works" Site:
Legal Description of a portion of Section 34,
~est of the 6th Principal Meridian, County of
Colorado being more parti~ularly described as
Town&hip 4 South, Range 68
Arapahoe , State of
follows:
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Considering the North line of the Northwest Quarter o f said Section 34
as bearing South 89•46' 51" l<est and with all bearings contained herein
relative thereto; beginning at the Northwest c orner of said Section 34;
thence along the North line of said Section 34 North 89•46'51• East
1325.52 feet to the Northeast corner of the Northwest Quarter of the
Northwest Quarter of said Section 34; thence along the North line of the
Northwest Quarter of said Section 34 South 89•48'51• West 205.00 feet to
the TRUE POINT OF BEGINNIIIG; thence continuing along said North line
South 89•46'51" West 619.87 feet to a point on the Easterly right-of-way
line of the Atchison, Tcpeka and Santa Fe Railroad; thence departing
said North line and along said East right-of-way line South 11•29'15•
\\est 1066.23 feet to the beginning of a tangent curve concave to the
l'orthwest having a central angle of 02•29'03" and a radius of 5779.65
feet; thence Southwesterly along the arc of said curve 250.59 feet to
the end of said curve; a radial line passing through said end of curve
bears South 76•01'42" East; thence departing said Easterly right-of-way
line and along the North line of Bates Ave. North 89•42'38• East 734.48
feet to a point on the westerly right-of-way line of South Elati Street;
thence along the westerly right-of-way line of South Elati Street the
following courses and distances; North 00•05'12• East 656.43 feet;
thence North 69°41'11" East 28.26 feet; thence North 59•37'07• East
116.47 feet to the begi~~ng of a curve concave to the Northwest having
a central angle of 60•00'00" and a radius of 45.00 feet; a radial line
passing through said point bears South 29•55'42" East; thence
Northeasterly along the arc of said cu_-ve 47.12 feet to the end of said
cwr<e; thence tangent from said curve North 00•04'18" East 533,15 feet
to the TRUE POINT OF BEGINNING.
The above described parcel contains 19.797 acres more or less and ia
sub j ·:ct to all easements, agreements, and rights-of-way of reco.cd.
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STAFF :EPORT GENERAL IRON 1-JORKS FINAL SUBDIVISION PLAT
Page -1~-----------------------------------------------~C~A~S£~·~#~2~4-~8~5
STAFF REPORT RE:
General Iron Works Final Subdivision Plat.
DATE TO BE CONSIDERED:
October 22, 1985.
NAME OF APPLICANT:
Dennis Messner
Landmark Engineering, Ltd.
2300 West Eisenhower Boulevard
Loveland, Colorado 80537
NAME OF PROPERTY Oh~ER:
Stearns-Roger Manufacturers, Inc.
Donald A. Bristow, Treasurer
4500 South Cherry Creek Drive
Glendale, Colorado 80222
UPDATE:
The Planning Commission held a Public Hearing on September 17, 1985, to
consider the request from Stearns-Roger to subdivide the General Iron property.
The following items are the conditions that the Commission stipulated to be
incorporated into the Final Plat.
1. The east side of the property between Yale and Amherst shall be screened
from the adjacent residential area by a closed-face fence which shall
be shown on the Final Plat.
2. The portion of Terry's Addition on the General Iron property shall be
vacated.
3. The utility easements shall be shown and described on the Final Plat.
4. The Final Plat shall show that no type of improvement shall be allowed
in the utility easement; however, it may be used for off-street parking.
5. At such time as development occurs on Lot #2, fire access and an additional
fire hydrant shall be required prior to issuing any building permit.
The Planning Division has received the Final Plat for review by the Commission
before it is submitted to the City Council for approval.
ACTION TO BE TAKEN:
If the Planning Commission finds that the Final Plat is in order, it will
refer the Plat with a recommendation to the City Council. If it finds it
is not in order, it would refer it back to the applicant •
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STAFF REPORT
Page -2-
STAFF ANALYSIS AND RECOMMENDATION:
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GENERAL IRON WORKS FINAL SUBDIVISION PLAT
CASE 024-85
The staff finds that the General Iron Works Final Subdivision Plat meets the
conditions imposed by the Commission as follows:
1. The portion of Terry's Addition on the General Iron property is vacated
by the Final Plat.
2. The utility easements are ahown on the Final Plat and are~escribed
as "Parcel A" and "Parcel B".
3. It is noted on the Plat that no development can take place on the utility
easements.
4. Relative to the fencing requirement, the applicant has submitted a letter
and drawing (see the attached). The fence will be complete by December 31,
1985. It will be a closed-face six-foot fence constructed of cedar and
located where the existing chain-link fe.nce is now located. It is the
staff's opinion that this will meet the Planning Commission's condition.
5. The fifth condition requiring fire access and an additional fire hydrant
when development occurs on Lot 02, can be handled prior to issuing any
building permit.
The Planning Division recommends that the Commission approve the Final Plat
and refer it to City Council.
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Ms. susan T. King
Senior Planner
City of Englewood
3400 South Elati Street
Englewood, CO 80110
Dear Ms. King:
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11 October 1985
It is General Iron Works understanding that a condition
of subdivision of our Englewood facility is the screening of
the facility along South Elati Street from West Yale Ave. to
West Amherst Ave. The screening is to include a 6' wood slat
fence located where the existing chain link fence is now
located .
General Iron Works intends to begin work to procure and
install the fence within 30 days after the subdivision final
approval. Barring any unforeseen delays or problems with the
weather, the screening will be complete by 31 December 1985.
If you have any questions concerning the screening, please contact me at 215-481-5125.
LRR:drd
cc: K. A. Banke'
L. Bechtel
D. Messner, Landmark Eng.
K. Stephens
Very truly yours,
~Jkn ~71 C(k.J
LeeAnn R. Reynolds
Corporate Real Estate
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Landtnarh
ENGINEERING LTD.
Me in Office
October 2, 1985
Project No. 3485-HBlB-01-554
City of Englewood
Department of Community Development
3400 South Elati Street
Englewood, Colorado 80110
RE: General Iron Works Subdivision
To Whom It May Concern:
This is to affirm that a field survey has been performed for
the property to be known as the •General Iron Works
Subdivision". Field monumentation of the area being
considered for final subdivision plat has been completed.
The monumentation is as identified on the final subdivision
plat for the "General Iron Works Subdivision•.
If there are any questions or additional information is
required, please feel free to contact this office.
Respectfully submitted,
42~=~
Dennis R. Messner
DRM/lo
2300 West Eisenhower Blvd .
LovcJ.nd , Colorado 80537 BrMCh Office
2235 2nd Awnuc _____ ow __ ~_D_._CH_~ __ uN __ n_,P_.E_._&_L_._s_. _________________________________________ G_r~ ____ .Color ____ ec~o ___ ~ ___ I ___ Jt~ ..... ENGINEERS I ARCHITECTS I PLANNERS I SURVEYORS
Lovclend (303 ) 667 -6286 • Greeley (303) 356-6286 • Fort Collon1 (303) 221 5550 • Denver (303) 629-7124
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CJTY PLANNING AND ZONING COMHISSION
ENGLEWOOD, COLORADO
IN THE MATTER OF CASE NUMBE R 24-85 )
FINDlllGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING TO THE )
APPLICATION TO SUBDIVIDE PROPERTY )
ACCORDING TO TITLE 10 OF THE )
1985 MUNICIPAL CODE OF THE CITY )
OF ENGLEWOOD, COLORADO: )
)
FOR PROPERTY LOCATED AT: )
)
600 West Bates Avenue )
)
FILED BY: )
)
Dennis Messner )
Landmark Engineering Ltd. )
2300 West Eisenhower Boulevard )
Loveland, Colorado 80537 )
)
01-'NED BY: )
)
Stearns-Roger Manufacturers, Inc. )
Donald A. Bristow, Treasurer )
4500 South Cherry Creek Drive )
Glendale, Colorado 80222 )
Planning Commission members present: ~lessrs. Beier, Carson, Stoel, Gourdin,
~lesa and Allen. Mr. Magnuson and Mr. Barbre were absent.
This matter came before the City Planning and Zoning Commission on September 17,
1985, upon the application of Dennis Messner who is the engineer/agent for
Stearns-Roger Manufacturers, Inc., the property owner; and the Final Plat was
presented to the Commission on October 22, 1985.
The applicants, Dennis Messner and Keith Stephens, representing General Iron,
which is owned by Stearns-Roger, gave testimony to the Planning Commission at
the Public Hearing; and the staff report and testimony were received by the
Commission and incorporated into the record of the Public Hearing. After
considering the statements of the witnesses and reviewing the necessary documents,
the members of the City Planning and Zoning Commission made the following
findings and conclusions:
1.
2.
3.
FINDINGS OF FACT
That a Public Hearing was held on the request to subdivide the General
Iron property located at 600 West Bates Avenue.
That the notice of Public Hearing was given by Certified Mail to adjacent
property owners.
That Mr. Keith Stephens, President of General Iron, testified that General
Iron will be in operation until the end of the year, and at that time
Stearns-Roger plans to sell General Iron to another assembly facility •
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4. That Mr. Stephens testified Stearns-Roger will retain ownership of tot
2 shown on the Preliminary Subdivision Plat, and Lot 1 is subject to the
sale previously mentioned.
5. That after being questioned by the Planning Commission, Mr. Stephens
stated he had no problem with the six amendments listed in the staff
report and which need to be added to the Final Plat; however, he wondered
if the screening requirement on the east side of the property would be
necessary,
6. That the Staff recommended that the east side of the site between West
Yale Avenue and West Amherst Avenue be screened by a closed-face fence.
7. That the Commission determined that metal slats inserted in the existing
chain link fence would be unsatisfactory and asked the Staff to work with
the property owner to provide an acceptable opaque fence which would
serve as a screen for the adjacent residential area.
8. That no other persons present addressed the Commission either for or
against the subdivision.
9. That a Final Plat has been submitted which incorporates the conditions
imposed by the Planning Commission.
1.
CONCLUSIONS
That proper notice of the Public Hearing was given by Certified Mail to
adjacent property owners.
2. That the Commission had no objection to the proposed subdivision with
the five conditions amending the Final Plat,
3. That the applicant agreed to the five conditions and has prepared the
Final Plat incorporating the conditions imposed by the Commission.
4. That the Final Plat has been presented to Planning Commission for review,
and was found to be in order; and the Planning Commission voted to
forward the Plat with their recommendation to City Council.
DECISION
Therefore, it is the decision of the City Planning and Zoning Commission that
the Final Plat which would subdivide General Iron property located at 600
West Bates Avenue, which was filed by Mr. Dennis Messner on behalf of the
owner, Stearns-Roger Manufacturing, Inc., be approved with the following
conditions:
1. The east side of the property between Yale and Amherst shall be screened
from the adjacent residential area by a cloGed-face fence which fence shall
be constructed by December 31, 1985.
2. At such time as development occurs on Lot #2, fire access and an additional
fire hydrant shall be required prior to issuing any building permit.
This decision was reached upon a vote on a motion made by Mr. Carson and seconded
b y Mr. Allen. Commission Members Beier, Carson, Stoel, Gourdin, Mesa and Allen
voted in favor of the motion. Mr. Magnuson and llr. Barbre were absent.
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The Chairman ruled that the Final Subdivision Plat is in order and should
be forwarded to City Council with a recommendation to approve the Final Plat
with the condition that the screened fence shall be constructed by December 31, 1985.
These Findings and Conclusions are effective as of the meeting of the City
Planning and Zoning Commission held on November 15, 1985.
CoDDDission
SK/sr -10-28-85
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COUNCIL COMMUNICATION ''
DATE AGENDA ITEM SUBJECT
November 18, 1985 I I---{_ Tidwell Subdivision Final Plat
INITIATED BY City Planning and Zoning Commission
ACTION PROPOSED Approve the Tidwell Subdivision.
INTRODUCTION AND BACKGROUND:
The proposed Subdivision is located on the east side of South Decatur Street in the
4800 block. The vacant site is 1 .44 acres in area. The property is owned by John and
Charlotte Tidwell, and they would like to develop the property with 12 single-family
>a tio homes. In order to do so, it is necessary to subdivide the property.
City Council approved rezoning of the property from R-1-C, Single-Family Residence, to
R-2, Medium-Density Residence in October, 1984 , at the request of Mr. Tidwell.
A public hearing was held on October 22, 1985, by the Planning Commission to consider
the proposed Subdivision. It was approved and is being referred to City Coun cil for
cons iderat ion. Because of the quality and fore thou ght given to the Tidwell Subdivision
Final Plat design, the Commission did not attach any conditions.
There were no persons present at t h e public hearing who testified for or against the
proposed development. Attached are copies of the Staff Report, application, plat drawings,
and Planning Commission Findings of Fact.
Please see the Minutes of the October 22, 1985 meeting of the City Planning and Zoning
Commission , for the report of the Public Hearing related to this case.
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STAFF REPORT
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STAFF REPORT RE:
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PUBLIC HEARING
CONTINUED FROM THE MEETING ON OCTOBER 8, 1985.
Case #29-85 Subdivision
Case 030-85 Planned Development
The proposed Subdivision and proposed Planned Development for I.44 acres of
land located on the east side of the 4800 block of South Decatur Street.
The Planning Division has received a Subdivision application and a Planned
Development application for the same site. Therefore, the staff report
will address both cases in this report.
DATE TO BE CONSIDERED:
October 22, 1985.
NAME AND ADDRESS OF PROPERTY OWNER AND APPLICANT:
John D. and Charlotte Tidwell
2720 West Union Avenue
Englewood, CO 80110
AGENT FOR THE PROPERTY OWNER:
Anthony Gengaro and Gina Lee
A. Gengaro and Associates
155 South Madison, Suite 300
Denver, Colorado 80209
LOCATION OF THE PROPOSED TIDWELL SUBDIVISION PLANNED DEVELOPMENT:
The subject site is bounded by South Decatur Street on the west, on the
north by Centennial South Subdivision which is clustered around South Clay
Court, on the east by property owned by Mr. Tidwell, Mr. Whitey and Mrs.
Green, and Variety Landscaping owned by Mr. Wayne Parr to the south.
ZONE DISTRICT:
R-2, Medium Density Residence District.
DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA:
The area to the west is the Centennial Acres Subdivision which is zoned R-1-B,
Single-Family Residence and is completely developed. To the north is the
Centennial South Subdivision which is zoned R-2 and is developed with two
and three unit attached dwellings. The area to the east is also zoned R-2
and is developed with three single-family homes, each under separate ownership.
Variety Landscaping is to the south.
The site is 1.44 acreas in area and is vacant. Access to the site is from
South Decatur Street. The site has not been platted.
BACKGROUND OF PREVIOUS CITY ACTION:
On September 18, 1985, the Planning Commission approved rezoning of the
property from R-1 -C, Single-Family Residence, to R-2, Medium-Density Residence;
and City Council approved the rezoning in October, 1984 •
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PUBLIC HEAR 1NG
CONTINUED FROM THE MEETING ON OCTOBER 8, 1985.
Case #29-85 Subdivision
Case #30-85 Planned Develo pme nt
RELATIONSHIP TO THE COMPREHENSIVE PLAN:
The proposed development complies with the suggested plan of action in the
Comprehensive Plan. Medium-density residential is indicated for this area.
COMMENTS FROM OTHER DEPARTMENTS:
The Subdivision Plat and Planned Development have been referred to other
departments for comment.
Utilities: Water and sewer mains should be designated as water and sewer
easements (not utility easements).
Public Works: Tract boundaries are not easily determined. Are there lots
within each tract? Are there interior drainage easements?
Fire: "No parking" will have to be posted on the outside of the private
street and on the two, 20-foot radii on the interior of the
private street.
Engineering: The concrete valley pans for drainage need to be three feet wide.
The sidewalk along South Decatur Street shall be four feet wide.
Drainage calculations are required to show the 15-inch corregated
metal pipe can handle the historic runoff.
NOTE: All of the above comments have been discussed by the staff with A. Gengaro
and Associates and Denwest Consultants, the engineers for the project. They
saw no problem in changing the Plat and Plan to take into consideration the
staff comments. The changes have been incorporated into the drawings which
are being considered at the public hearing.
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS:
The maximum density allowed under the R-2 zone district is 14 dwelling units
per acre. This development could have a maximum of 20 dwelling units for the
1.44 acres or 16 dwelling units if the street is subtracted out of the gross lot area.
A. Gengaro and Associates developed a site plan for Mr. Tidwell with only 12
dwelling units, which is a refreshing approach in an area where developers
feel they must build to the maximum density which is permitted.
Mr. Tidwell plans to build 12 detached single-family patio homes, each with
an attached garage. The Subdivision Plat indicates each lot with the typical
building envelope and individual lots of 2754 square feet. The homes will be
tri-level or two-story with basements. The common areas include landscaped
open space; the private street and additional parking areas are for guest
parking. The gross lot size, including the common areas, will be 5211 square
feet of area. Twenty-five percent of the development will be in landscaped
open space.
DEPARTMENT RECOMMENDATION:
The staff is of the opinion that much thought ha s been given to the site plan.
The consultants working for Mr. Tidwell have had many meetings with the s taff
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STAFF RE PORT
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PUBLIC HEAR I NG
CONTINUED FROM THE MEETING ON OCTOBER 8, 1985.
· Case #29-85 Subdivision
Case #3~85 P l anned Development
and have worked very hard to incorporate our concerns into the design of the
proposed Planned Development and Subdivision Plat.
The Planning Division recommends approval of the proposed Subdivision Plat
and Planned Development. No conditions are suggested because the developer
has complied with all of the requirements imposed by other departments.
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C TY PLANNING AND ZONING COMMISSION
E:lGLEWOOD, COLORADO
IN THE MATTER OF CASE ~ffiER 29-85 )
FI NDINGS OF FACT, CONCLUSIONS AND )
RECOM}ffiNDATIONS RELATING TO THE )
APPLICATION TO SUBDIVIDE PROPERTY )
ACCORDING TO TITLE 10 OF THE CITY )
OF ENGLEWOOD, COLORADO: )
) FOR PROPERTY LOCATED AT: )
) 4800 South Decatur ·street )
) FILED AND OWNED BY: )
) John D. Tidwell )
2720 West Union Avenue )
Englewood, Colorado 80110 )
) and )
)
A. Gengaro and Associations, Agents )
155 South Madison Street )
Suite 300 )
Denver, Colorado 80209 )
This matter came before the City Planning and Zoning Commission on October 22,
1985, upon the application of John D. Tidwell.
The following members were present: Messrs Beier, Carson, Gourdin, Mesa, Allen
and Stoel. Mrssrs. Barbre and ~~gnuson were absent.
Mr. Gengaro, representing Mr. Tidwell, presented testimony to the Planning
Commission. The staff report and testimony were received by the Commission
and incorporated into the record of the Public Hearing. After considering
the statements of the witness and reviewing the necessary documents, the me~bers of the City Planning and Zoning Commission made the following findings and conclusions.
FINDINGS OF FACT
1. That the Public Hearing was initiated by the filing of an application
for a request to subdivide the property located at 4800 South Decatur Street.
2 . That the notice of Public Hearing was given by Certified Mail to ad j a c ent property owners.
3 . That Mr. Gengaro, site planner for the property owner, testified relating
to the proposed subdivision as follows:
a. That the character of the surrounding area is single-family residential
to the west, medium-density residential to the north, and industrial
to the east. A sod farm is immediately to the south of the subjec t site •
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b. That the development on the subject site will provide a buffer
between the sing le-family area to the west and the industrial
area to the east.
c. That the product to be built on the site will be low density in character.
4. That Mr. Gengaro presented a written document to the Commission
explaining the proposed Subdivision with a Planned Development
overlay which, in essence, is one document.
5. That the proposed development will have a Homeowners' Association which
will be r e sponsible for maintenance of the private street, front yards and common areas.
6. That water and sewer service will be dedicated to the City.
7. That drainage meets the requirements of the City.
8. That no person wished to address the Commission either for or against
the proposed Subdivision.
9. That the Subdivision Plat is in order and is given final approval.
CONCLUSIONS
1. That proper notice of the Public Hearing was given by Certified Mail
to adjacent property owners.
2. That the Commission found the proposed Subdivision Plat to be in order
and voted to forward it t o City Co un c il with a fav o rable recommendation.
3. That the Commission is of the op inion that the Plan for the development
is a good one and wi ll be an asset t o the City.
4. That no other persons were present to address the Commission e ither for
or against the Subdivision.
RECOMMENDATION
Therefore, it is the recommendation of the City Planning and Zoning Commission
to the City Coun c il that the proposed Tidwell Subdivision be appro v ed.
Up on the vote on a motion made by Mr. Carson and seconded by Mr. Mesa to approve
the Tidwell Subdivision: Those members of the Planning and Zoning Commission
who voted in favor of the motion: Me ssrs. Beier, Carson, Gourdin, Mesa, Allen,
and Steel. Messrs. Barbre and Ma gnuson were absent.
~d•r of <h• Ci<y Plonniog
OtLSl[-'
and Zoning Commission.
Walter Steel, Chairman
SK/sr -10-28-85
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-··1 -· -····-··---· -............. ...
Application for Subdivision
Oala : September 6, 1985
Applleonl Nomo : __.:J~o~h.::n:....=:D::._T=id:.:w:.:•::l::l::....:. _____________ _
Add~•=----~2-=7~2~0_W~•=•=t~U~n~i~on~A~v~e=o::u::• ___________ _
Enalevoad, Cg RQllO
T~~=---~C~own~t~auc~t~A~,~G~e~n~•~•~r~o~&~Aa~s~o~c~i~a~t~e~&--------
Relation to Aequnt: -~Own,.,,.e,_.r_.s_~:.P._,rooup.,e..,r-'t"-y'--------------
OwnerNomo : ___ =J=o=hn~D~·~T~i=d=w:.:•l:.:l~---------------
Addraao : ____ ::c27;..:2:cO::....:.W:.:e:.:a..:t_U:cn~i=o::n::....:.Ac..v..:e~.------------
Englewood, Co. 80110
Te•p~: ___ ~C~p~nut~a~r~t-A~...!Gt8Un~g~•Lr2o~&~A~s~s~o~cdi~a~t~e~s ______ __
Agent& fo r Owner
333-1464
The underelgned certifies that he underatands that at the time the Preliminary Oeeign
le aubmined to lhe Director of Planning there atwll be collected a tili ng '" or
150.00 for the f •rat 10 acrea o r any pan thereof of the parcel to bt' eubd ivided, and
a,.. of 12.00 for each acre in eaceu of 10 acres. Further, all recordtng Ieee •
required by ttw County Clerk and Recorder shall be depoalted with the City CJerk
upon the approval of the F1naJ Plan. The under&,gned furth er certifiea thai he haa
r.celved 1 copy of the Subdillfalon Regule llona of the Cily of Englewood (Title XII,
Chapter 3 of the Municipal Code), end that he underatanda thet tlla aubdlvialon muat
be drawn In accordance with theM Reouteliona.
City Uu Onlr.
Hearing No . ..iJ?= s-:.-.
~·c~:(~$"~=;!l,·"""'l"'or~li~li --)------o-rg£,_P?ft'4L
John D. Tidwell
Common ciMcriptton ol perceJ to be euOdivuMd .
4800 llock of South Decatur Street, Englewood, Colorado
Legal deaerlploon of porc:.t lo bo aubdrvlded :
See Exhibit A
Area of porcello bo l<lbdovtded :
62,533.306 Sq. Pt, (1. 4365 acreo)
PreMni&OI'Ii ng :
1-2
lftl -d -of land II oubdlvldad : (81 apeclloc) (AIIach addollonol """'" II nec-ryl
Oepartmenl of Communlly Development
3400 S . Ellll • Engl-ood, Colorldo 10110
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EXHIBIT A
That part of the Northwest 1/4 of the Southeast 1/4 of
Section 8, Township 5 South, Range 68 West described as fol-
lows: Beginning at a point 605.05 feet South of and 256 feet
West of the Northeast corner of said 1/4 of 1/4 section, thence
North 104.6 feet, thence West 220.4 feet, more or less, to the
East line of South Decatur Street; thence South 7 degrees
32 minutes West along the East line of South Decatur Street a
distance of 266.853 feet more or less to a point 765.05 feet
South of and 511.363 feet West of the Northeast corner of said
1/4 of 1/4 section; thence East 255.363 feet; thence North 160
feet to the point of beginning, all in Englewood, County of Arapahoe, State of Colorado.
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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
November 18, 1985 J' / ~ Tidwell Planned Development
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IN I T1 ATED BY City Planning and Zoning CoiTDTlission
ACTION PROPOSED __ ~A~p~pr~o~v~e~t~h~e~T;id~w~e~l~l~P~l~a~n~n~e~d~D~e~v~e~l~o~p~m~e~n~t ____________________ _
INTRODUCTION AND BACKGROUND:
The proposed Planned Development is l o cated on the east side of South Decatur Street in
the 4800 block. The vacant site is 1 .44 acres in area a nd is owned by John and
Charlotte Tidwell. Mr. and Mrs. Tidwell wou l d like to construct 12 single-f amily patio
homes on the site in a well-lands c ape d, campus a tmosphere. In order to do so, it is
ecessary to file a development p l a n fo r the pro perty prior to development.
The City Council approved the re zoning of t he property from R-1-·C, Single-Family
Residenc e, t o R-2, Medium-Density R esidenc~ i n October, 1984, upon the recommendation
of the City Planning and Zonin g Commission .
A publ ic hearing was held o n Oc t ober 22 , 1985 , by the Planning Commission to consider
the pro posed Planned Develo pm e nt. It was ap prov e d a nd is be inp. refe rre d t o City Co un c il
fo r its f avorable conside r a t ion . Because o f t he caref ul pla nning put i nto t he Tidwell
Pla nned Development des i gn, t he Commission did no t a ttach a ny c on di t ions.
There were n o pe rsons pre s e n t at the publi c hea r i n g who testified fo r or aga inst the
p ropo s ed d e v elop me n t .
Attached a r e copies of the Staff Rep o rt, application, Pl a nned Dev e l o pm e nt d rawings and
Planning Co mmission Findings of Fa c t.
Please see the Mi nutes of t he Octobe r 22 , 1985 meeting of the City Pl ann ing a n d Zoning
Commiss i o n, for the r e port of the Pu blic He aring r elat e d t o this case.
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STAFF REPORT
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PUBLIC IIEARI~G
CONTINUED FROM THE MEETING ON OCTOBER 8, 1985 •
. ·Case l/29-85 Subdivision
Case 030-85 Planned Development
STAFF REPORT RE:
The proposed Subdivision and proposed Planned Development for 1.44 acres of
land located on the east side of the 4800 block of South Decatur Street.
The Planning Division has received a Subdivision application and a Planned
Development application for the same site. Therefore, the staff report
will address both cases in this report.
DATE TO BE CONSIDERED:
October 22, 1985.
NAME AND ADDRESS OF PROPERTY OWNER AND APPLICANT:
John D. and Charlotte Tidwell
2720 West Union Avenue
Englewood, CO 80110
AGENT FOR THE PROPERTY O~~ER:
Anthony Gengaro and Gina Lee
A. Gengaro and Associates
155 South Madison, Suite 300
Denver, Colorado 80209
LOCATION OF THE PROPOSED TIDWELL SUBDIVISION PLANNED DEVELOPMENT:
The subject site is bounded by South Decatur Street on the west, on the
north by Centennial South Subdivision which is clustered around South Clay
Court, on the east by property owned by Mr. Tidwell, Mr. Whitey and Mrs.
Green, and Variety Landscaping owned by Mr. Wayne Parr to the south.
ZONE DISTRICT:
R-2, Medium Density Residence District.
DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA:
The area to the west is the Centennial Acres Subdivision which is zoned R-1-B,
Single-Family Residence and is completely developed. To the north is the
Centennial South Subdivision which is zoned R-2 and is developed with two
and three unit attached dw e llings . The area to the east is also zoned R-2
and is developed with three single-family homes, each under separate ownership.
Variety Landscaping is to the south.
The site is 1.44 acreas in area and is vacant. Access to the site is from
South Decatur Street. The site has not been platted.
BACKGROUND OF PREVIOUS CITY ACTION:
On September 18, 1985, the Planning Commission approved rezoning of the
property from R-1-C, Single-Family Residen c e, to R-2, Medium-Density Residence;
and City Council approved the rezoning in October, 1984 .
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STAFF REPORT
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PUBLIC: HEARING
CONTINUED FROM THE MEETING ON OCTOBER 8, 1985.
Case #29-85 Subdivision
Case f/30-85 Planned Development
RELATIONSHIP TO THE COMPREHENSIVE PLAN:
The proposed development complies with the suggested plan of action in the
Comprehensive Plan. Medium-density residential is indicated for this area.
COMMENTS FROM OTIIER DEPARTMENTS:
The Subdivision Plat and Planned Development have been referred to other
departments for comment.
Utilities: Water and sewer mains should be designated as water and sewer
easements (not utility easements).
Public Works: Tract boundaries are not easily determined. Are there lots
within each tract? Are there interior drainage easements?
Fire: "No parking" will have to be posted on the outside of the private
street and on the two, 20-foot radii on the interior of the
Engineering:
private street.
The concrete valley pans for drainage need to be three feet wide.
The sidewalk along South Decatur Street shall be four feet wide.
Drainage calculations are required to show the 15-inch corregated
metal pipe can handle the historic runoff.
NOTE: All of the above comments have been discussed by the staff with A. Gengaro
and Associates and Denwest Consultants, the engineers for the project. They
saw no problem in changing the Plat and Plan to take into consideration the
staff comments. The changes have been incorporated into the drawings which
are being considered at the public hearing.
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS:
The maximum density allowed under the R-2 zone district is 14 dwelling units
per acre. This development could have a maximum of 20 dwelling units for the
1.44 acres or 16 dwelling units if the street is subtracted out of the gross
lot area.
A. Gengaro and Asso ciates developed a site plan for Mr. Tidwell with only 12
dwelling units, which is a refreshing approach in an area where developers
feel they must build to the maximum density which is permitted.
Mr. Tidwell plans to build 12 detached single-family patio homes, each with
an attached garage. The Subdivision Plat indicates each lot with the typical
building envelope and individual lots of 2754 square feet. The homes will be
tri-level or two-story with basements. The common areas include landscaped
open space; the private street and additional parking areas are for guest
parking. The gross lot size, including the common areas, will be 5211 square
feet of area. Twenty-five percent of the development will be in landscaped
open space.
DEPARTMENT RECOMMENDATIO N:
The staff is of the opinion that much thought has been given to the site plan.
The consultants working for Mr. Tidwell have had many meetings with the staff
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STAFF REPORT
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PUBLIC HEARING
CONTINUED FROM THE MEETING ON OCTOBER 8, 1985.
Case #29-85 Subdivision
Case #30~85 Planned Development
and have worked very hard to incorporate our concerns into the design of the
proposed Planned Development and Subdivision Plat.
The Planning Division recommends approval of the proposed Subdivision Plat
and Planned Development. No conditions are suggested because the developer
has complied with all of the requirements imposed by other departments.
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CITY PLANNING AND ZONING COMMISSION
ENGLEWOOD, COLORP~O
IN THE MATTER OF CASE NUMBER 30-85 )
FINDINGS OF FACT, CONCLUSIONS AND )
RECOMMENDATIONS RELATING TO THE )
APPLICATION FOR THE TIDWELL )
PLANNED DEVELOP}!ENT )
AS REQUIRED UNDER SECTION 16.4-15 )
OF THE COMPREHENSIVE ZONING ORDINANCE )
)
FOR PROPERTY LOCATED AT: )
)
4800 South Decatur Street )
)
FILED AND Oh'NED BY: )
)
John D. Tidwell )
2720 West Union Avenue )
Englewood, Colorado 80110 )
)
and )
)
A. Gengaro and Associates, Agents )
155 South Madison )
Suite 300 )
Denver, CO 80209 )
This matter came before the City Planning and Zoning Commission on October 22,
1985, upon the application of John D. Tidwell.
The following members were present: Messrs. Beier, Carson, Gourdin, Mesa, Allen
and Steel. Messrs. Barbre and Magnuson were absent.
Mr. Gengaro, representing Mr. Tidwell presented testimony to the Planning
Commission. The staff report and testimony were received by the Commission
and incorporated into the record of the Public Hearing. After considering the
statements of the witness and reviewing the necessary d o cuments, the members
of the City Planning and Zoning Commission made the following findings and
conclusions.
FINDINGS OF FACT
1. That the Public Hearing was initiated by the filing of an application for
a request to approve a proposed Planned Development for the property
located at 4800 South De c atur Street.
2. That proper notice of Public Hearing was given in the Englewood Sentinel,
the official City newspaper on September 25, 1985; and the property was
posted for not less than fifteen days prior to that Public Heairng.
3. That Mr. Gengaro, site planner for the property owner, testified relating
to the charact£r of the proposed Planned Development as follows:
a. That the ch a racter of the surrounding area is single-farr.ily residential,
medium-density residential and industrial •
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b. That the concept plan for the subject site will provide a buffer
between the single-family area to the west and the industrial area to the east.
c. That the product to be built on the site will be a detached patio
home with zero lot line, low density character .
d. That each dwelling will have a landscaped area with fencing and open
space and additional parking will be a feature of the overall plan.
4 . That Mr. Gengaro presented a written document to the Commission explaining
the proposed Subdivision with a Planned Development overlay which, in
essence, is one document.
5. That the proposed Planned Development will have a Homeowners' Association
which will be resp onsible for maintenance of the private street, front
yards and common areas.
6. That water and sewer service will be dedicated to the City.
7. That drainage meets the requirements of the City.
8. That the homes will be marketed in the low to mid $70,000 range.
9. That no persons addressed the Commission either for or against the
proposed Planned Development.
CONCLUSIONS
1. That proper notice of the Public Hearing was given.
2. That the Commission had no objections to the proposed Planned Development
and will forward it to City Council with their favorable recommendation.
3. That the Commission is of the o pinion that the design is a good one and
the development will be an asset to the City.
4. That no other persons we r e p res ent to address the Commission either
for or against the Planned Develo pment.
RECOMMENDATION
Therefore, it is the recomm e nd a tio n o f the City Pl anning and Zoning Commission
t o the City Council that the proposed Ti dw e l l Planne d Develo pment be approved.
Upon the vote on a motion mad e by Mr . Carson and seconded by Mr. Mesa to approve
the Tidwell Planned Devel o pm e nt ; those members of the Planning and Zoning
Commission who voted in fa vo r o f the mo tion : Messrs. Beier, Carson, Gourdin,
Mesa, Allen and Steel. Messrs. Ba r bre and Magnuson were absent.
By Order of the City Planning and Zo ning Commission. ~4!1.~
SK/sr -10-28-85
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CITY OF ENGLEWOOD, COLORADO
3400 SOUTH ELATI STREET
ENGLEWOOD, COLORAOO 80110
Application for approval of a Development Plan
I22.4A Planned Development District ------------- --- -----
Date: Sc prcmher 6 1985
Applicant :
Name : John D. Tidwell
Address : 2720 We s t Union Ave .
t:Jc::c&:I COD , ZC:--..5 f:~P:CI ~Co iiO
Telephone: ___ ~~-----------
Owner of Property :
N .. e: J ohn D. Tidwe ll
Address : 2720 We s t Un ion Ave .
~E.H &lJLLJMV. l o lZ;::;;tSb 6 o llb
Telephone :~LA Genga ro
~:
& Associates. agent
for Ovner 333-1464
Do Not Write in This Space:
Fee Paid:
case Number: 312 -.e~---
Date Received: ~j!f~
Pre-application Conference :
Date of Hearing before Planning
Co~~~mission: /~lpwO-
Action Taken: _____________ _
Date Received by City Council:
Date of Hearing before Council:
Action Taken:
Conditions Imposed: ______ __
Date Filed with Arapahoe County
Clerk a. Recorder : ______ _
Subsequent Action : _______ __
If the applicant is not tbe owner of the property, the applica-
tion must be accompanied by the written authorization for such
action signed by tbe owner or owners of said land, together
with a statement signed by the owner or owners that they agree
to be bound by the regu lations and conditions wbicb will be
effective witb the approval and recording of the Development
Plan.
INFORMATION TO ACCOMPANY APPLICATION :
(a) Preliminary Plans. A Preliminary Plan ahowing tbe major
details of the proposed Planned Development at a s c ale of not
less than 1"' • SO'and in sufficient detail to evaluate the
land planning, building des i gn, and other features of the
proposed development. The Preliminary Plans must contain,
insofar as is applicable, the following minimum inforaation :
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3.
4.
5.
6.
7,
8,
9.
10.
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A Boundary survey;
The existing topographic character of the land;
The proposed land uses;
The location of all existing and proposed buildings,
structures and improvements;
The density and type of dwellings, including typical
elevations and showing maximum height;
'I'ta:: aaMJ OJ' iJ O i~tb v i Ltc o::esh to puclic rlt;hts-al-,&.J 1
tl ,~ inlerr.al trr..ftic il nd c irculation !;)'stems, if
L~~li c ~ll~, c ff-s tJ ·~et p dlkin~ ar~a s , ser,ice arebs,
and loading areas;
The location, height and size of proposed si~~·
fences, Ugh ting and !d~~rJ.!!.!Y devices inclu ing
typical elevations;
Areas which are to be conveyed, dedicated or reserved
for public purposes, including, but not limited to,
parks and recreational areas, schools, public buildings,
or other public purposes ;
Areas subject to a 100-year flooding cycle;
A general landscape plan with major types of
materials designated as to purpose;
Designation of various stages for construction, if
applicabl e .
(b) Written Statement. The written statement with the Planned
Development appli c ation shall contain the following miniaua
information :
1. A statement of the present ownership and a legal
description of all of the land included in the
Planned Dev e lopment ;
2 . An explanation of the objectives to be achieved by
the development, including building descriptions,
sketches, or elevations as may be necessary to des-
cribe the objectives ;
3. A development schedule indicating the •pproximate
date when construction of the development or atages
of the d e v e lopment can be expected to begin and to
be complete d ;
4, Copies of any special agreeaenta, conveyances,
restrictions , or covenants which will govern the
use, maintenance and protection of the developaent
and public areas.
(c) The applicant may submit any other information or exhibits
deemed pertinent t o the evaluation of the proposed Planned
Deve lopuen t.
/Applicant 4
(Corporation or individual owner)
John idwel
By :
of b ein g
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RESOLUTION 00.-J ~:;/
SERIES OF 1985 __ _
A RESOLUTION AOOPI'ING THE DEX::ISION AND REX::Ct1MENDATION CF THE
ENGLEl-1000 PLANNING AND ZONING CQ1MISSION REGI'.RDING THE TI~U.
PLANNED DEVELOPMENT {CASE 00. 30-85) IN THE 4800 BLOCK OF SOUTH
DOCATUR STREET FOR 12 SINGLE-FAMILY PATIO HCMES.
WHEREAS, upon reccmnendation of the City Planning and Zoning
Commission, Council rezoned the east side of the 4800 Block of
South Decatur Street from R-1-C, Single Family Residence, to R-2,
Medi~n Density Residence; and
WHEREAS, the owners of said property, John D. and Charlotte
Tidwell, submitted a proposed Planned Development for 1.44 acres of
land on the east side of the 4800 Block of South Decatur Street to
build 12 detached single-family patio homes, each with attached
garage (Case No. 30-85); and
WHEREAS, a public hearing was held on October 22, 1985 by
the Planning Commission to consider the proposed Planned
Develo(XIlent; and
WHEREAS, the Tidwell Planned Development was approved by the
Planning Commission which found that the Planned Development con-
forms with all City requirements;
~. THEREFORE, BE IT RESOLVED BY THE CITY <XllJOCIL OF THE
CITY OF ENGLEl-1000, COLORAOO, that:
CITY COUNCIL FINDS:
1. 'n'lat the application in City Planning and Zoning
Commission Case No. 30-85 is concerned with an area on the east
side of the 4800 Block of South Decatur Street legally described
as:
A parcel of land situate in the NW 1/4 SE 1/4 of Section 8,
Township 5 South, Range 68 West of the Sixth Principal
Meridian, City of Englewood, County of Arapahoe, State of
Colorado, more particularly described as follows:
Commencing at the NE corner of said NW 1/4 SE 1/4 of
Section 8; thence s OOoOO '15" E along the East line of said
NW 1/4 SE 1/4 of Sect ion 8 a distance of 605.05 feet; thence
S 89o42'19" W departing said East line a distance of 256.00
feet to the Point of Beginning; thence N OOo00'44" W a
distance of 104.43 feet to a pin and cap L.S. No. 13213,
also being a point on the Southerly boundary line of
CENTENNIAL SOUTH; thence S 89ol8'01" W alof'¥3 said Southerly
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bounda~y line a distance of 220.40 feet to a pin and cap
L.S. No. 10377, also being a point on the Easterly right-
of-way line of South Decatur Street; thence S 07o31'08" W
departing said Southerly boundary line of CENI'ENNlAL OOUTH
and along said Easterly right-of-way line of South Decatur
Street a distance of 264.79 feet to a pin and cap L.S. No.
13213; thence N 89o46'02" E departing said Easterly right-
of-way line a distance of 255.09 feet to a pin and cap L.S.
No. 10377; thence N OOoOO' 44" W a distance of 159.74 feet to
the Point of Beginning, containing 62,573 square feet o~
1. 437 acres, more or less. Slbject to easements and rights-
of-way existing or of record.
2. 'lbat the property with which the application is concerned
is to be developed by A. Q!ngaro and Associates for the owne~s,
John o. and Charlotte Tidwell.
3. 'lbat City Council had rezoned the prope~ty involved in
the Planned oeveloprent fran R-1-C, Single Family Residence, to
R-2, Medi~.m~ Density Residence, in October 1984 by Ord inance No. 58,
Series of 1984, and the proposed development is in compliance with
the ~equirements of that zone district.
4. 'n1at the proposed Planned oeveloprent application was
originally filed with the Department of oammunity Development on
September 9, 1985 as ease No. 30-85 and involves an area of
approximately 1.44 acres.
5. 'n1at a public hearing was held on this proposed flanned
Development on Octobe~ 22, 1985.
6. 'n1at there will be 12 single-family patio hanes,
tri-level or two-story with basements, each with an attached
garage; ccmnon areas include landscaped open space; private street
and additional parking areas for guest pa~king; each gross lot
size, including the ccmnon areas, to be 52ll square feet; 25\ of
the development to be laooscaped open space.
7. 'n1e Department of cmmuni ty Development, because of the g~eat amount of thought given to the site plan in incorporating the
ideas of the all City depa~tments into the proposed Planned
Development, recammeoos approval of the Planned Development.
8. 'n1e Planning cmmission ~ecammeoos approval of the
proposed Planned Development with no additional coooitions
suggested because the developer has canplied with all require-
ments Unposed by all City departments.
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COOCLUSION:
1. 'Ihat the proposed Planned Developnent application (Case
No. 30-85)) filed by John D. and Charlotte Tidwell for property on
the east side of the 4800 Block of South Decatur Street is appro-
priate to protect the integrity of the neighborhood.
2. That the zoning for the 12 single family patio homes is
appropriately R-2, Medium Density Residence.
3. '!hat the cannon areas include landscaped open space.
4. '!hat the private street and guest parking areas are
adequate for the development.
5. 'lhat the Planned Development has access to a public street.
6. 'Ihat the Planned Development has been designed to have
fewer dwelling units than that allowed in an R-2 zone district
thereby ensuring a pleasant environment for the occupants.
7. That the recommendations of the Planning COmmission to
approve the Planned Development is approved by this Council.
IT IS HEREBY DEX:IDED by this Council that its findings and
conclusions be approved and the application of John D. and
Charlotte Tidwell for the Planned Developnent (Case No. 30-85)
be adopted and approved for the property consisting of 1.44 acres
on the east side of the 4800 Block of South Decatur Street.
ADOPI'ED AND APPROVED this 18th day of November, 1985.
Attest: f>.lgene L. Otis, Mayor
ex off1c1o C1ty Clerk-Treasurer
I, G3ry R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and canplete copy of Resolution
No. __ , Series of 1985.
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RESOLUTION NO. 0 -' (_v
SERIES OF 1985
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A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER,
CITY ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1986.
WHEREAS, the City Council, by Charter, has the
responsibility to adopt a Resolution authorizing payment of
annual salaries for Council appointees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows:
The following annual salaries are hereby established
for the following appointees of City Council for the calendar year 1986, to wit:
City Manager
City Attorney
Municipal Court Judge
Associate Judge
$ t f ooo
'
$ (o3 . ~.-"'c)c)
s 0-·c ,; () u
$Ck)O /day
ADOPTED AND APPROVED this 18th day of November, 1985.
Eugene L. Otis, Mayor
Attest:
ex officio city Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above is
a true, accurate and complete copy of Resolution No. _____ , Series of 1985.
Gary R. Higbee
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