HomeMy WebLinkAbout1983-01-03 (Regular) Meeting Agenda_ City Council Meeting -Regular_
January 3, 1983
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City Cou nci l Meet ing
January 3 , 1982
RESOLUTION 56 , 57 , 58 , 59 , 60
ORDINANCE 58 , 59, 60 , 61
RESOLUTION 1, 2, 3 , 4 ,
ORDINANCE l, 2, 3, 4,
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7 :30 P.M.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 3 , 1983
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_L)l\t'V~
/0--11. l
Call to order , invo c ation by Pastor Clifford Sampier,
Cherry Hills Full Gospel Center, 4860 South Clarkson
Street, pledge of allegiance by Boy Scout Troops f
#115 and #154, and roll call. '--J:J'l.l~I....
Minutes.
(a) Minutes of the special meeting of December 21 ,
1982. (Copies enclosed.)
Pre-Scheduled Visi t ors. (Please limit your presenta-
tion to 10 minutes.)
3. Oth e r Vi sitors. (P l e as e limit your pre s e nta t ion
t o 5 mi nutes.)
4 . Public Hearing.
5. Communications -No Action Recommended .
Minutes of the Water and Sewer Board meeting
of November 9, 1982. (Copies enclosed .)
Minutes of the Board of Career Service Commission -
ers meeting of November 18, 1982. (Copies
enclosed.)
Minutes of th Public Library Advisory Board
m eting of Decemb r 14, 198 2 . (Copies enclosed.)
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Page 2
January 3, 1983 Agenda
6. Communications -Action Recommended.
l),~(a)
Council Communication from the Director of
Libraries concerning the resignation from the
Library Advisory Board. (Copies enclosed.)
7. City Attorney .
Bills for Ordinances.
(a) Bill providing an exemption for certain direct
~ 1 sales agents from licensing provisions by amending CJ?)~ ~ the 1969 Englewood Municipal Code , as amended,
/)y,fjJ':i\µ :) _ Title XIII, Chapter 6, Section 22, thereof. , J~~~U--(Copies enclosed.)
~ (b) Bill amending the 1969 Englewood Municipal
a. ,1-~ Code. as amended, by adding Chapt e r 9. 5 to
C!._.~'9' t \l,Jritle XI prohibiting and defining the issuance x />~II>' of bad checks and declaring an emergency.
~l-1, ;\. ~\ (Copies enclosed.)
• Other Matters.
AM/sb
(c) Attorney's Choice.
8. City Manage r.
(a) Manager's Choice.
9. General Discussion.
(a) Mayor's Choice .
Proclamation proclaiming January 20, 1983
as Universal Children's Day. (Copies
enclosed.)
(b) Counci 1 Memb r's Choic .
C ,n Hu: >
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Moved Seconde d
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Ayes Nay Absent Abstain
H1o<lav
Neal
Fitzoatrick
Wei s t
Bi lo
Bradshaw
Otis
I-.
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'c tMCf:o
A ~ )-
(!~ J° ~
I . •
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qday I,,-
Neal V
Fitzoatrick -Wei s t v-
Bi lo v-
Bradshaw v-
Otis v--
• I •
• •
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1ae1ay
Neal
Fitzoatrick
Weist
Bi lo
V V Bradshaw
Otis
/a__
I • •
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• •
ROLL CALL
Moved Seconded Ayes Nay Abs t en Ab stain
-Hiqdav
Neal
Fi tzoatrick
Weist
Ri lo
Bradshaw
Otis
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ROLL CALL
Moved Seconde d A'l'4; s Nay Absent b A s tain
Htqday I
Neal I
Fltzoatrick
Wei st I
Bi lo I
Bradshaw I
Otis I
\_
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
' H1qday
Neal
v' Fi tzoatrick 7
Wei st I
y Bi lo 7
Bradshaw I
Otis 1
\_
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ROLL CALL
Moved Seconded Ayes Na y Absent Abstain ...
H1 q day
Neal I
Fi tzoatrick
Wei st ' V Bi lo
V" Bradshaw
Otis
\.
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• In -n
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ROLL CALL
Moved Seconded Ayes Na y Absent Absta in
H1qdav
Neal
Fitzoatrick
Weist
v Ri lo
V Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
~
Hlqday
·-Neal
Fi tzoatrick
Weist ,.,,--Bi lo
Bradshaw I
Otis ~
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hinday ' Neal I
Fltzoatrick I
Wei st I
Bi lo I
Bradshaw I
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HiQdav
Neal
V Fi tzoatrick
Weist
Bi lo ..--Bradsh-
Otis
1b
II -C/ -S" (r)
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ROLL CALL
Moved Seconded Ayes Na y Abs e n t Abstain
Hl a da v
Neal
Fi tznatrick
Weist
Bi lo
Bradshaw
Ot i s
fv_J u--/ J__ tn) c.-
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c:-ft1L-//-q 6--J tfYL /}~&£0
/Ju J<t,J µiJt' 0-1c ' tf7_ .L' ' ~ Z,~
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain -H1<1dav \
Neal I
Fitzoatrick I
Weist I
Bi lo I
Bradshaw I
Otis \
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HiQday
Ne al
Fltzoatrick
Weist
Bi lo
Bradshaw
Otis
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• I . •
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ROLL CALL
Moved Seconded Ayes Nay Absent Ab t . s a,n
Htodav \
Neal \
Fi tznatrick I
Weist I
t..--' Bi lo I
~ Bradshaw I
Otis l
"---
q a__(!)
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ROLL CALL
Hoved Seconded Ayes Na y Abs t en A stain b
Hiodav
Neal
Fitznatri ck
Weist
Bi lo
Bradshaw
Otis
C / t-y (L'j _ un 1/Y)U/> -""-
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SPECI AL MEETING:
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COUNCIL CHAMBERS
City of Englewood, Colorado
December 21 , 1982
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The City Council of the City of Englewood , Arapahoe Coun-
ty, Colorado , met in special session at 7 :30 p.m. on December 21 ,
1982 .
Mayor Otis , presiding, called the meeting to order .
The invocation was given by Reverend Fred Hahn, Immanuel
Lutheran Church, 3695 South Acoma Street. The pledge of allegiance
was led by Boy Scout Troop 192.
Mayor Otis asked for roll call . Upon a call of the roll,
the follo wing were present:
Council Member s Higday, Neal, Fitzpa rick, We ist ,
Bilo , Bradshaw, Otis.
Absent: None.
The Mayor declared a quorum present •
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Also presen were: City Manager Mcco wn
City Attorney DeWi
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Assistant City Man ager Vargas
Acting Director of Community
Development D. Romans
Deputy City Clerk Wakins
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COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTE S OF
THE REGULAR MEETING OF DECEMBER 6, 1982, AND TO AMEND O PAGE 14 A
CORRECTION ON THE VOTE ON THE ORIGINAL MOTION TO SHOW BRADSHAW VOT-
I G NAY ANO SILO VOTING AYE. Council Member Bilo seconded the mo-
ion . Upon a call of h roll, the vo resul ed as follows:
Ay s:
Nays:
Council Members Neal, Pi zp~ rick,
Wis , Bilo, Bradshaw, Otis.
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December 21, 1982
Page 3
(b)
(c)
(d)
(e)
( f)
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Minutes of the Planning and Zoning Comm ission
meeting of November 9, 1982 .
Minutes of the Board of Adjustment and Appeals
meetings of November 10 and November 17, 1982.
Minutes of the Englewood Downtown Development
Authority meetings of November 22 and December
8 , 1982.
Memorandum from Captain Steinberg of the Engle-
wood Fire Department to the City Manager con-
cerning his attendance at the National Fire
Academy in Maryland.
Memorandum from the Executive Director of the
Housing Authority to the City Council and the
Housing Authority concerning her attendance
at the 1982 Convention of the National Associ-
ation of Housing and Redevelopment Officials in
Boston, Massachusetts.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "CO MMUNICATIONS -
NO ACTION RECOMMENDED". Council Member Bilo seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. 56
SERIES OF 1982
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BY AUTH ORITY
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COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE XV, CHAPTER 4, SECTION 9 (a) (6) RE-
LATING TO METHOD OF BILLING CUSTOMERS FOR SEWAGE TREATMENT.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 4,
SERIES OF 1982, ON FINAL READING. Council M mber 1 zpatrick a c-
ond d h motion. Upon a call of the roll, h voe re sul ed ••
follows:
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December 21, 1982
Page 2
Abstain: Council Member Higday.
The Mayor declared the motion carried.
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Pre-scheduled visitor, R. J. Pauley, 3200 South Downing,
was present. Mr. Pauley discussed his request to construct a
garage at the property line with an overhang protruding two (2 )
feet into or over the public right-of-way. Mr. Pauley stated the
request for encroachment was due to his desire to duplicate the
roofline of his house to his garage.
COUNCIL MEMBER NEAL MOVED TO APPROVE THE ENCROACHMENT
REQUEST FOR R. J. PAULEY, 3200 SOUTH DOWNING. Council Member Bradshaw seconded the motion.
Discussion ensued. Acting Director of Community Develop-
ment Dorothy Romans came forward. Ms. Romans stated the Board of
Adjustment and Appeals only considered Mr. Pauley's request for a
variance to set back the garage three (3) feet, Ms. Romans stated
when Mr. Pauley presented the design was when the overhang be came
an issue and required Council's approval.
Council Member Higday stated if at some point and time the
overhang should have to be cut off, the property owner wou ld bear the expense.
Coun cil Member Fitzpatrick stated he wou ld be i n fav o r of
moving the garage over to Mr. Pauley's own sidewalk.
wer e:
Upon a call of the roll, the vote resulted as follows:
Ay es:
Nays:
Council Member s Higday , Neal, Bradsh a w, Otis .
Council Memb rs Fitzpatrick , Weist , Bilo.
The Mayor declared th motion carried •
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Th r were no o her visitors at this time •
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•commun ica ions -No Action Recommended • on the ag nda
(a) Minutes of the Board of Carer S rvice Com-
1 toners m Ing of Sp ember 16, 1982 •
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December 21, 1982
Page 4
Ayes:
Nays:
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Council Members Higday, Neal, Fitzpatr ick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDINANCE NO. 57
SERIES OF 1982
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BY AUTHORITY
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COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF
SHERIDAN FOR THE USE AND BENEFIT OF THE CITY OF ENGLEWOOD.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO.
65, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded
the motion. Upon a ca,11 of the roll, the vote resulted as
follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
ORDI NAN CE NO .
SERIES OF 1982
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BY AUTHORITY
A BILL FO R
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CO UNCIL BIL L NO . 62
INTR ODUCED BY COU NCIL
MEMBER BRAD S HAW
A ORDINA NCE REPEALI NG AND REE NA CTI NG CHAPT ERS 1 , 2 , 4, AN D 9 OF
TITLE III , 0 THE 1969 EN GLEW OOD MUNIC IPAL CO DE, RE LAT I NG TO
·BUILDI G R GUL ATIO Ns ,• AN D AD OPT I NG BY REFEREN CE THE UN I FORM
BUILDI NG COD , 1982 EDI T ION, TH E UNI FORM ME CHANI CAL CO DE, 1 9 82
DITIO , AN D U I ORM PLUMB I NG CODE , 1 98 2 EDITI ON, AN D REP EAL! GALL
ORDI NANC SO PARTS I N CO NF LICT THEREWITH. I • •
December 21, 1982
Page 5
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COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 62,
SERIES OF 1982, ON FIRST READING, AND TO SET A PUBLIC HEARING FOR
JANUARY 10, 1983, AT 7:30 P.M. Council Member Bile seconded the
motion.
Council Member Neal stated he did not know what impact the
ordinance would have on the current downtown program and requested
additional information.
Council Member Higday asked the City Manager to notify
pertinent parties of the public hearing.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Fitzpatrick,
Weist, Bile, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1982
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE AMENDING SECTIONS 1, 3 , 8 AND 10, TITLE II, CHAPTER 3,
SECTION 1 , OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY RE-
FERENCE THE UNIFORM FIRE CODE, 1982 EDITION.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO.
63, SERIES OF 1982, ON FIRST READING AND TO SET A PUBLIC HEARING ON
JANUARY 10, 1983, AT 7:30 P.M. OR AS SOON THEREAFTER AS COUNCIL CAN
HEAR IT. Council Member Bradshaw seconded the motion. Upon a ca l l
of the roll, the vot resulted as follows:
Ayes:
Nays:
Council Members Fitzpa rick,
Wist, Silo, Bradshaw, Otis.
Council Members Higday, Neal.
The Mayor declar d the mo ion carried •
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December 21 , 1982
Page 6
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Council Member Neal asked that the Fire Chief provi de a
detailed analysis of the criteria that went into the council bill,
in particular the sprinkler system. Further Mr. Neal asked for
information of known quantities of water supply for the downtown
area. Mr. Neal stated he wanted this information before the public
hearing.
RESOLUTION NO. 53
SERIES OF 1982
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A RESOLUTION EXTENDING THE TERM OF THE "COURT ADVISORY COMMITTEE".
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE RESOLUTION NO.
53, SERIES OF 1982. Council Member Fitzpatrick seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
RESOLUTION NO. 54
SE RIES OF 1982
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A RESOLUTION OF THE ENGLEWOOD CITY COU NCIL TO AMEND THE ENGLEWOOD
DO WNTOWN REDEVELOPMENT PLAN.
COUNCIL MEMBER NEAL MOVED TO APPROVE RESOLUTION NO . 54,
SERIES OF 1982. Council Member Bilo seconded the motion .
Council Member Bradshaw asked tha staff con ac
of the ca rpet store concerning the land and buildings tha
plans to take in the redevelopment program. Ms. Bradshaw sta ed
she has been contacted by the owners and there needs to be clarifi-
cation made for them.
Upon a call of the roll, the vot r esulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo , Bradshaw , Otis .
None.
Th Mayor declar d h mo ion carried •
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December 2 1 , 1 982
Page 7
RESOLUTION NO. 55
SERIES OF 1982
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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 1983.
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE RESOLUTI ON NO.
55, SERIES OF 1982. Council Member Fitzpatrick seconded the
motion.
COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION WI TH TH E
FOLLOWING SALARIES: CITY MANAGER-$54,570; CITY ATTORNEY-$46,2 25 ;
MUNICIPAL COURT JUDGE-$41,400; AND ASSOCIATE JUDGES-$250/DAY. Co un -
cil Member Bilo seconded the motion.
COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION AN D
CHANGE THE ASSOCIATE JUDGES' SALARY TO $200/DAY. Motion died for
lack of a second.
Counc i l Member Higday requested that four separate re-
solutions be prepared for next year so that Council can vote on
ea c h salary s e parately.
Counc il Members Neal and Higday expressed they would v o t e
n a y on the am e ndmen t because t hey th o ught the salaries were t oo
l o w.
Counc il Member Fitzpa trick stated he wou l d v ote n a y as h e
o b jec te d to the Associa te J udges' salary.
Upon a call of the r oll , t h e v oe on the amendment re-
sul ed as follows:
Ayes:
Nays:
Council Membe r s Weist , Bilo , Bradsha w,
Otis .
Council Me mb e r s Hi g day , Neal , Fitzpatrick .
The Mayor d cla r d t h e moti on ca rr ied .
Upon a call of he r oll , the v ote on h original mo ion
resul d as follo ws:
Ay es: Council M mb e r s Higday , W is , Bilo ,
Bradsha w, Otis.
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December 21, 1 98 2
Page 8
Nays:
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Council Members Neal, Fitzpatrick.
The Mayor declared the motion carried •
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Due to the meeting being of special status, no further
business could be discussed .
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COUNCIL MEMBER HIGDAY MOVED TO ADJ OURN.
Mayor Otis wished everyone a Merry Chr i s mas an d Happy New
Year and adjourned the meeting at 8:3 5 p.m.
~ ,v e,,. ;xu Ca , ~) u y City lerk
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WATER AND SEWER BOARD
November 9, 1982
Regular Meeting
A
The meeting was called to order at 5:02 p.m.
Charlie Best declared a quorum present.
Members present:
Members absent:
Also present:
Best, Haviland, Fitzpatrick, Fullerton,
Higday, Otis, Lay
Cook, Giseburt
Stewart Fonda, Director of Utilities
1) WEST BALTIC PLACE WATER MAIN EXTENSION.
Stewart Fonda briefed the Board on the Baltic Place water main extension
that is currently in the bidding stages.
2) BLACK & VEATCH SEWER ANALYSIS AND RATE INCREASE.
Stewart Fonda reviewed the major components of the Black & Veatch sewer
rate analysis and the reasons for the rate increase, effective January 1, 19aa.
3) KLOPPENBERG REQUEST FOR WATER TAPS.
The South Clay Street Water Users Association Addendum 11, allocating an
additional five (5) 3/4" water taps to the South Clay Street Water Users
Association, was put before the Board for approval before recOITlnending
to City Council. Mr. Fonda suggested Addend1111 1 be subject to final
approval by the Englewood City Attorney.
Mr. Fullerton moved;
Ms . Haviland seconded : To recomnend to City Council approval of
Addendum #1 to the contract with the South
Clay Street Water Users Association, subject
to final approval of the Englewood City
Attorney.
P ge 1 of 3
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Ayes:
Nays :
Absent:
Motion carried.
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Best, Haviland, Fitzpatrick, Fullerton,
Higday, Otis, Lay
None
Cook, Giseburt
4) WELLS DISCHARGING INTO THE SEWER SYSTEM.
Stewart Fonda explained to the Board the effects of well water waste
discharging into the system, and the amount of space that would be
required in the plant if Englewood extended this service to other
districts.
Mr. Fitzpatrick moved;
Mr. Fullerton sec onded:
Ayes :
Nays :
Absent :
Motion carried.
To make it a policy to refuse requests
to treat water system waste from well
systems.
Best, Haviland, Fitzpatrick, Fullerton,
Higday, Otis , Lay
None
Cook, Giseburt
5) LETTER TO CITY OF SHERIDAN.
A letter prepared for the City of Sheridan from Mayor Otis wa s read by
Mr. Fonda (Att. 1). Discussion followed. The Board concurred the letter
be sent to Mayor Herring of the City of Sheridan in answer to the request
for sewer service.
6) PROPOSED REVIEW OF DUTIES OF THE WATER AND SEWER BOARD.
Mr. Higday suggested a presentation be given to the members of the Water
and Sew r Board on the responsibilities and duties involved with being on
the Board. Stewart Fonda rec0111nended it be an item on the December 14, 1982
agenda.
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Th e meeting adjourned at 6 :25 p.m.
The next Englewood Water and Sewer Board meeting will be Decembe r 14, 1982
at 5:00 p.m. in the Library Conference Room A.
Respectfully submitted,
~~
Cathy Burrage
Rec ording Secretary
P1 3 of 3
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PRESENT :
ABSENT :
OTHERS
PRE SENT :
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BOARD OF CAREER SERVICE COMMISSIONERS
NOVEMBER 18 , 1982
1.IINUTES
Jo llen Tu rner, Catherine Pokraka , J an t
Ker zic, Betty Keena, Donald Weber
Non .
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B n J &m1n Craig , Career Service Board Att o rn y
P ter Va r gas, Assi stant City Mana ger
Tom Holland , As sist ant City At to rney
Me l B Virt , Employee Relations Director
Will Carr , E.E.A. President
Byro n Wicks, Police Officer
Lorett a Huffine , Attorney
• • • • • • •
Cha i rman Weber called the meeting to order. Comr.1issioner Kee na
mo ved, seconded by Convniss ion er Pokraka to approve the Octo ber
21, 1982 minutes .
AYES : Turner, Pokraka , Kerzic, Keena , Weber
NAYS : None
The minutes of Speci a l Hear ing of September 16 , 198:! were co rrected
to reflect Convnissioner Keena 's vote o f ab sten tion . With this
co rrection, Commissioner Turner moved, seconded by Commissioner
Pok raka to approve the minutes of the Speci al Hearing of September
16, 1982 .
AYES :
NAY S :
ABSTAI N:
Turner, Pokraka, Kerzic, Weber
None
Keena
• • • • • • •
It m three on the Agenda wa the As ociation ' Choic . Will Carr,
Pre i dent of the E.E .A. had no new busine to pr nt . Th re
w r no repre entative from t he Police of Fire As ociation pre nt .
Item four o n the Agenda the City ~anag r 's Choice . Pt r Var a
s lat d hat the Board wa in r ceipt of hi memo regarding the
Uoa rd 's budg t appropri tion for 1983 and wa availabl to an w r
any qu tion . Mr . Varga xplained th d er a in th 198 3
lev 1 of appropriation ov r the 1982 budg t wa bas don cu rr nt
xpenditure hi tory.
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In regard to t h e City's petition f o r an exten s ion of time in wh ich
t o fil e its brief o n the pensi o n matter pre s ent e d by t h e E.E.A.
and a continuat io n for a h e aring date , Chairman Weber st a te d that
t he majority of the Bo ard's direction to him wa s n ot to grant the
p xtension of time requested by the City. Thi s de te rmina tio n wa s
ma de after an informal polling of the Board member s.
• • • • • • •
Item five on the Agenda was the request f o r a hearing o n a Grievan ce
presented by Byron Wi c ks , P o li ce Officer . Lo retta Huffin e, Atto rney ,
repr esenting Byron Wicks , st ated t hat they had filed a griev an ce
bec ause Mr. Wicks regular Police Offi ce r pay had been wi thhel d aft e r
two weeks of active re se rve du ty in the military .
Cha irman Weber stated that the Board would re ceive testimony fr om
IJ o t h Byro n Wicks and the City to de te rm i ne if the matt r wa
~riev able . Ms. Huffin e, At to rney , pres e n ted Byron Wi c k 's positi o n
that the City did n ot bargain in good fa ith and that the Contra c t
"as not consi sten t wi t h b ot h past practice and state st a tute b.
To m Holland, Assist an t City Attorney, presented the City's p o 1t1 o n
t hat this ma tt er is n ot a grievable item a s the a ction of pro v1d1n•
milit ary leave pay minus those wages r eceived from the m1l1tar y
1s not i n viol ati o n of the Contra ct. Chairman Weber a s ked 1f th
g ri v an t was con tending that the City ha s viol ated o r mi s 1n ted
the Contr a ct in any wa y. Ms. Huffine stated that the gr1 "a .
no t. After further testimony , the Board took a hort r ce t ak
the matter under con si dera tion .
T h Board reco nvened and all member s were pr s nt. C mmi. sion r
K na read into the r ord the fo l lowi n g Se ction 3-5-2 : Gri van e
App a l of the Ca reer S rvi ce Board o rd i nan ces , the f i r st nt nee
"Th ol and exclusiv r medy for any full-tim , cl a ss1fi d empl o ye
who e po ition fall with i n an approp r iat bargaining unit for an y
matt r not d i rec ly r lat d to cl a s ification and /o r t sting r
s uspen ion, d tion or d is harge and whi c h i an alleged v1olat1 n
o f the appl cabl coll tiv bargaining a greement is thr ugh the
gri van e proc dur o f th collective bargain i ng agreement , wh ich
·o vers th r p tiv appropriate barga i ning unit ." Commissioner
Kena v d , e c ond d by Commissioner Kerzi c, that the gri vant is
n ot all in a iolation of the Cont ract and therefore , the Board
ha no authority to h ar th grievance .
AY S : K rzic, Turner, Pokraka, Keena , W b r
AYS . on
Chairman b r tated that th Board find that it dos not have
.1uri diction in this matt r in as much as it i not a contra ct
v i o l at ion.
It m ix on th
t rmin it th
P r Var a , A
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nda und r Co mmi sion w ah arin to
ard h th power to i su a barg in ng ord r .
C ty Manag r addr s ed th Board and pr sent d
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a communication from City Council to t he Career Service Bo ard re g ard i n g
this hearing . Mr. Vargas s ubmitted the co rr espo nd e n ce and t h e City's
a r g ument in bri e f f o rm to t h e r eco rd i ng sec retar y. Mr . Varga s stated
th at t he Ci ty Coun ci l 's po s ition was t ha t t he issu an ce o f bargaing o r ders
is not a proper du ty o r autho r1ty of t he Car ee r Se r vice Bo ard and
have therefore directed the City's st aff n ot to participate i n the
hearing other than to make t h e transmittal o f t heir letter and al so
the City's argument to the Bo ard . City st aff member s depart e d fro m
t he hearing.
Wi ll Carr , E.E.A . President st ated that the Bo ard wa s i n re ceipt o f
t he association's brief whi c h p re s ents the E.E .A. 's ar g ument and
asks if the Board has the au t h o rity to issue bar g aining orders.
Ur. Carr stated that he fell it was up to the Board to make this de te r-
min ation and if so det ermi n e d , ask that a hearing be sc h e dul e d to
d te rmine if such a order should be entered in this case regarding
the non-emergency pension plan .
Co mmissioner Keena a s ked Will Carr why the asso ci atio n wa s a s kin g
tn reopen bargaining o n a item of t he Contract wit hout mu tu al
agreemen t of the City a s a g r ee d i n the Contract. Will Carr st at e d
th a t t he association wa s n ot looking to r eope n negotiati o n s but
rat her to have the City return the co ntribut ion level ba c k to
its o riginal 8 % level prior to the City's unilateral ly droppi n g
it to 7 % without bargaining .
Th ~re was discussion among t he Commissioners as what they determ i n e d
~as t he mean i ng of bar g aining orders and t he issue that wa s before
1he board .
Will Carr asked t he Board to g ran t a continuance of t he h e arin g
so t hat he co uld secur lega l co un s el and present h is argume nt s
1n a better fashion . The Bo ard took a r ecess to consid r the
Co ncil's commun ic a tion and Will Carr 's requ st for a co nt i nuan ce.
The meeting wa s recon vened and a ll member s were present .
Co mmissioner Keena moved , seconded by Commissioner P o kraka to
gr ant a cont i nuance of t he hearin g to be held o n November 9, 1982 .
Chai rman Weber asked that the reco rding sec r et ar y n o tify the
Cit y and a ll interested parties of the re sc hedu led hearing .
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Th next item o n the ag nda under Commissioners Ch oice was a
disc ussion requested by Commissioner Keena o n the monthly
agend a conte n t. Commi sione r Keena asked that thi discu s ion
IJe postpon ed until the next regular meeting o that oth r
associ ation representatives c an b present .
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C'o mmissioner Turner st ated that af t r reading City Coun i1 's ccmru.ni tin ,
s he felt that t h e Board s hould wr i te a letter to Council xplaining
that the Board's i nt e nt io n of thi haring wa s to d t rmin ir
the Board had th power to i s ue a bargn i ng ord r . Co mm ission r
Tur ner recommend d that a copy of th mi nute s and ag nda showing
th purpose of the hear i ng be forward d with th Board ' 1 tl r
to Council. There wa s furtb r di cu ion among th Board
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me mbers as to t h ei r a ut h o r ity a n d r e s p o n sibilities a s given by
Char t er and ordinan c e s. Co mm issioner Turn e r mov ed , s e co nd e d b y
Co mmissioner Ker z i c t o draf t a le tt er to City Co un cil e xpla i nin g
t he purpose of the hear i ng .
AYES :
NAYS :
Ker zic, Tu r ner , Pokraka , Keena , Weber
Non e
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T here being no uns c heduled visi t o rs , Chairman Weber adj o urned
t he November 18, 1982 regular mee t ing of the Career Serv ic e
Board at 8 :15 p.m.
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Valerie Chr i sty , Re cord i ng Sea'ietary
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City of Englewood
November 17, 1982
Mr. Don Weber, Chairman and Members of the
Board of Career Service Commissioners
City Hall
Englewood, Colorado 80110
Dear Mr. Chairman and Board Members:
3400 S. Elah Street
Englewood . Colorado 80110
Phone (3031 761 -1140
The City Council has been made aware that the Board of Career
Service Commissioners has scheduled a hearing to determine
whether or not the Board possesses the authority to issue
orders to require the City and an employee organization to
bargain over specified subjects.
As you must be aware, the duties and powers of the Board of
Career Service Commissioners are contained under Section 138 :4
of the City Charter and implementing City ordinances. Under
that authority, no where does there exist the duty or power
which would require the City and an employee organization,
outside the normal negotiation process, to be forced into
bargaining by the Board of Career Service Commissioners. If
taken, thi1 proposed action would clearly violate the legal
principle of legislative control of t:he collective bargaining
proceas.
For the Board to grant unto itself these powers would leave
little doubt in the minds of City Council that the Board is
attempting to exercise authority which does not exist and which
would be in violation of City Charter, ordinances, and legis-
lative intent.
The City Council has directed the administrative staff not to
participate in this proceeding of the Board except for the
submission of a short brief and transmittal of this communi-
cation. We trust the Board will not proceed furth r with these
proceedings when it clearly has no power to do so.
ELO/ab
cc : Andy Mccown, City Manager
Rick DeWitt, City Attorney
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MINUTES
ENGLE WOOD PUBLIC LIBRARY ADVISORY B0-6.RD
December 14, 1982
5 C
Chairman Bob Currie ca lled the regular meeting of the Library -6.dvisory Board
to order at 7:30 p.m.
PRESENT:
-6.BSENT:
-6.LSO
PRESENT:
Bob Currie, Jerry Valdes, Marietta Brown, Debbie Dix,
orm Kerswill, Dorothy Wheelehan
Wilma -6.nkrum, Joe Rathburn, Kay Van Valkenburg
Sharon Winkle, Director of Libraries
Donna Gottberg, Recording Secretary
Roll call was taken and a quorum declared present.
Mr. Currie turned the meeting over to Ms. Winkle for the Director's Report.
Item 4-.6.-1 was tabled pending receipt of sufficient information for discussion.
In the fiscal year ending September 1982 for Ce ntral Colorado Library System
(CCLS), Jefferson County has refused to honor its verbal agreement and re-
fused to pay the amount owed . This means City income will be down approximately
$3000 .
IOTIOS: To send a letter of protest to CCLS Board Chairman, copied to
Director regarding the Board's decision to revise the formula
reciprocal borrowing payment FY 1982.
Moved by: 'o rn Kerswi ll
econded by: Jerry Valdes
lo ion carried unanimously.
the
for
Beginnin January 1, 1983, 1he Jefferson County Library Syst will hr lt
residents $15 /ye r to use reciprocal borrowing. The Engle od Library will
honor only h special reciprocal borrowing card from Jefferson County fter
Janu ry 1st. Ther was a brief discussion following this announcement.
Ms. Winkle thanked the Board and individuals who participated in th M yor's
Tree Lighting Party on D cember 10th.
Th Library ho ted Children's Tree Tri111111ing Pry last Mondy with a tremendou
turnout of child ren and f milies.
mb r 13 Book Sale grossed better than $600 this year. The S lvat1on
in took the left over book s.
M. Win le distributed a lett r from Denver R gional Council of Governm nts
(DRCOG) concerning formation of a Metropolitan Library District. She sked
th member to revi wit and give their co mm nts nd ides to her so she my
pass them on to DRCOG.
continued ....
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Ms . Winkle distributed a fact sheet concerning the Downtown Redevelopment
Project. Brief dis cussion followed.
Ms. Wi nkle asked the Board i f they were interested in considering a sma ll
library facility in the proposed community center. The Board agreed they
would like to keep the option open.
82 -28 MOTION: To support the continued investigation of a library facility in the
proposed community center.
Moved by: Marietta Brown
Seconded by: Debbie Dix
Motion carried.
Chairman's Choice
The State Friends Organi zations and Foresters' and Cinderella City have all
c onsented to back the state-wide book sale. A date of September 17, 1983 has
been set. However , the State Friends Organization have no funds available for
mailing. He asks if Englewood Advisory Board would agree to help .
82-29 MOTION : To provide the funds as necessary to make the initial contac t for the
2-30
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state -wide book sale.
Moved by: orm Ker swill
Sec onded by : Jerry Valdes
Motion carried.
~lr. Currie asked that we adopt a parliamentarian to help mo e the meeti ngs in
a more businesslike manner . After a brief discus ion he Board declined the
suggestion.
Mr. Currie noted that the 1983 Bo a r d Budget has been a pproved in the amou nt
of $2,309. The Board had requested $2,310.
lcmber s' Choice
lr . 'o rm erswi 11 offered his verba 1 re 1gn t 10n r o the Board Jue to other
conunittments .
Co mm ittee Reports
Debbie Dix gave a bri f report from the Legisl t ive Commi ttee regarding privacy
of library record legislation.
Unfinished Bu 1ness
'1r. Currie askeJ for omeone to help with the publicity of the state-wide book
le. There were no volunteers a t hi time.
The Stati t1cal R port for 'ovember wa s bri fly discussed.
~ TIO. : To ccept
lo ved by : orm K r
he l1nutes from the
w1Jl
S onded by : M ri tt
Mot ion carried.
Brown
M ting Jjourned :50 p.m.
12-lb-2 d
vember 9, 198 2 Meeting, as written .
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C O U N C I L C O M M U N I C A T I O N
DATE AGENDA ITEM SUBJE'CT
Dece mber 29, 1982 {p A Resig na t ion from Library Advisory Board
ACT I ON PROPOSED Coun ci l a ccept the resi gn a t ion of Nor man W. E. Ker s will from the Li -
brary Advisory Board
At the Library Advisory Bo ard meet i ng of December 14, 1982, Norman W. E. Kersw ill
tendered his resignation to the Chairman of the Board. The term of the position he ld
by Mr . Kerswill is due to expire February l, 1984 .
RECOMMENDED ACTION :
Council accept Mr. Kerswill's resignation and plan to appoint a replacement o com -
plete the unexpired portion of the term .
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 198~3----
A BILL FOR
COUNCIL BILL NO. 1
INTRODUCJW BBYY C COOUUNCIL
MEMBER /~ --'--'"-=-"-----
FOR AN ORDINANCE PROVIDING AN EXEMPTION FOR CERTAIN DIRECT SALES
AGENTS FROM LICENSING PROVISIONS BY AMENDING ENGLEWOOD MUNICIPAL
CODE OF 1969, AS AMENDED, TITLE~. CHAPTER 6, SECTION 22,
THEREOF. /X
WHEREAS, residents of the City of Englewood have reported
numerous events where solicitors, peddlers or poll takers have not
provided the goods or services for whi ch the citizens of Englewood
have paid; and
WHEREAS, the Police Department, without sufficient information
concerning solicitors, peddlers, or poll takers, is unable to
determine the identity of said solicito rs, peddlers, or poll takers;
and
WHEREAS, there is a desire of the City Council of the City of
Englewood to protect its residents from unlawful practices of
solicitors , peddlers and poll takers that have occurred in the past
in the City of Englewood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
Section 1 . The 1969 Englewood Municipal Code is hereby amended to
read as follows:
9-6-22: DIRECT SALE AGENT; LICENSE REQUIRED; FEES
(a) It shall be unlawful for any person to carry on or conduct
any business as a direct selling agent without first obtaining a
license therefor. The license fee for direct selling agents of
books, periodicals (other than newspapers), household wares,
brushes, insurance , cosmetics, utensils, produce, building repair
and remodeling, and any goods or services not specifically mention
herein, and not covered by any other section or subsection of this
Code shall b Twenty-fiv Dollars ($25) for each person for three
(3) months, or Seventy-five Dollar ($75) for each person for one
(1) year. Any resid nt or itiner nt direct selling agent who
su!f rs from a serious physical handicap nd who sells products in
connection with rehabilitation progr m sh 11 p y only One Dollar
($1) per ye r as an admini trative cha rg •
(b) Exemptions. Th provisions of 9-6-22( ) shall not pply to
persons and organiz tions granted x mptions . Th Director o
Fin nee shall issu ex mptions top rsons nd org nizations ft r
th Director of Fin nc has d termined that such directs las r
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for a charitable, religious, patriotic or philanthropic purpose or
otherwise provides a service or product so necessary for the general
welfare of the residents of the city that such activity does not
constitute a nuisance to the residents of the city .
(c) Applicants for exemptions. In order to obtain an exemption
as provided for in this chapter, the applicant shall file with the
Director of Finance a sworn application in writing containing the
following information:
(1) The applicant's name and the names and addresses of
officers and directors of such applicant;
(2) The name and purpose of the cause for which the
exemption is sought and the specific anticipated use of the proceeds
or information;
(3) The method whereby the goods or services are to be
sold and delivered.
(4) The time period during which the solicitation or
peddling is to be carried on;
(5) Whether or not any commissions, fees, wages or
emoluments are to be expended in connection with such solicitation
or peddling and the amounts thereof.
Introduced , read in full, and passed on first reading on the
3rd day of January, 1983.
Published as a Bill for an Ordinance on the 3rd day of
January, 1983.
Attest: Eugene L. Otis, Mayor
x officio City Clerk-Treasurer
I, Gary R. Higb e, ex officio City Clerk-Treasurer of the City
of Englewood, Color do, hereby certi y that the above and foregoing
is a true, accurate and complete copy of a Bill for an Ordinance,
introduced , read in full, and passed on first reading on the 3rd day
of J nuary, 1983.
Gary R. Higbe
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BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 2
INTROD4 BY COUNCIL S ERIES OF 198-3~~~-
A BILL FO
MEMBER {~
AN ORDINANCE AMENDING 'rHE 1969 ENGLEW OOD MUNI CI PAL CODE, AS AMENDED,
BY ADDING CHAPTER 9.5 TO TITLE XI PROHIBITING AND DEFINING THE
ISSUAN CE OF BAD CHECKS AND DECLARING AN EMERGENCY.
WHEREAS, there is a need to prevent the issuance of bad
c hecks;
NOW, THEREFORE, BE IT ORDAINED BY THE C I TY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The '69 Englewood Municipal Code is hereby amended by
adding Chapter 9.5 to Title XI, which section shall read as
follows:
11 -9.5-1 BAD CHECK ORDINANCE
Because the i ssuance and delivery of a known bad check by any
person is, in itself, harmful to the person to shorn it is given and
also injurious to the City o f Englewood at large, the City Council
o f Englewood declares, a s a matter o f po li cy, that such issuance
and del i very of a known bad c heck 1 s a proper subject for criminal
s anction without regard to the p urpo s e f o r whi ch said check was
given;
11-9. 5 -2 DEFINITIO S
I n t he c on st r uction of tht Ch t r th f ollo wi n g def i n iti on s
sh a l l be observed , u nle ss the con te x t cle arly i n d ic ate s otherwise.
(a) •rn suff1cien t F u n ds • me an s not havi n g a s uffi cient bala n ce
in ccoun t with a bank or oth r d r a wee for th e payme nt o f a c hec k
or o r der when pre ent d for p yment ithin thirty d ys a f t r issu e .
(bl ·1
l1v r , or
p ss d.
(C)
c rtatn in
by th
dr w l
A person su s a ch c when h
pas i or causes i o be m de, d r
mak s , dr w,
wn , d li v e r d or
a writt n uncond1t1onal order to pay a sum
oney, dr wn pon a ban , p yabl on demand , and s i g n e d
• al10 includes an o t i b ord r o wi t h -
t.
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(d) "Drawee" means the bank upon whi c h a check is drawn or a
bank, savings and loan association, i ndustrial bank, or credit
union on which a negotiable order of withdrawal or a share draft is
drawn.
(e) "Negotiable order of withdrawal" and •share draft" mean
negotiable or transferable instruments drawn on a negotiable order
of withdrawal account or a share draft amount, as the case may be,
for the purpose of making payments to a third person or otherw i se.
(f) "Negotiable order o f withdrawal account" means, but is not
li mited to, an account in a bank, sav i ng s and l oan assoc i ation, or
in dustrial bank, and "s h are d raf t a cco un t " mean s , bu t i s not
l imited to, an account in a cr ed it un io n on which payment of
in terest or dividends may be made on a d e pos i t wit h respe c t to
wh i ch the bank, savings and l oa n a ss o ci a t ion, or industria l ban k.or
th e credit un i on, a s the c ase may b e , ma y r equire the depositor to
give notice of an intended wi t h drawa l not l es s than thirty days
b efore the withdrawal is made, even th ough in practice such notice
is n o t requi r ed and t h e d eposi to r is al l owed to make wi thdrawa l by
nego tiab l e orde r o f wit hdrawa l o r sh are draft.
11-9 . 5-3 VIO LA TION
I t is a viol a tion of t h is ordi nan c e punishable as provided in
En gl ewoo d Mun ici pa l Code 1-1-20 , fo r a person to issue or to pass a
chec k f o r th e paymen t of money l e ss t h an Two Hundred Dollars ($200)
kno wing t h a t th e issu e r do e s not ha v e suf f icient funds in or on
d epo s it wi t h t h e d rawe e for the payment i n ful l of t he check or
orde r as well as all other checks outs tan di ng a t the t ime of
issu a nce .
11-9 .5-4 KNO WLEDGE
This s e ction does not relieve the prosecution from th e ne ces-
si y of establishing the required knowledge by evidence . Ho weve r,
for the purposes of this o rdinance, the issuer 's kno wledge o f
insufficient funds is presumed, except in the case of a postdated
check or order, if:
(a) the issuer has no accoun with the drawee at the time
th check or order is issued; o r
(b) th issuer's accoun t wit h the drawee is in the status
o •account closed• and notice thereof has been dispatched to the
issuer's address on record with the drawee in time for delivery to
h issuer prior to the issuance of th check or order; or
(c) the issuer h s insufficient funds upon de po sit with the
dr wee to pay th check or order on pres ntation within t hi r ty days
ft r issu •
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11-9.5-5 EVIDENCE
A bank or other drawee shall not be civill y or criminally
liable for releasing information relating to the issuer's account
to an Englewood Police Officer, the Englewood City Attorney,
Englewood Assistant City Attorney, or authorized investigator for
the Englewood City Attorney investigating or prosecuting a charge
under this Ordinance.
Section 2. That City Council finds and determines that an
emergency exists in that immediate protection for the preserv ation
of public property, health, peace and safety is necessary in that
bad checks will be passed without effective recourse to the
judici al system; therefore, this Ordinance shall take effect
immediately upon passage after final reading.
Introduced, read in full, and passed on first reading on the
3rd day of January, 1983.
Pub lished as a Bill for an Ordinance on the 5th day of
Janu ar y , 1983.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-T reasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci ty
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 3rd day
of January, 1983.
Gary R. Higbee
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ORDINANCE NO.
SERIES OF 198~3~~~
BY AUTHOR ITY
A BILL FOR
COUNCIL BILL NO. 2
INTRODUC}j BY CO UNCIL
MEMBER () [~r a.tu.~..k,
AN ORDINANCE AMENDIN G THE 1969 ENGLEW OOD MUNIC IP AL CODE, AS AMENDED,
BY ADDING CHAPTER 9.5 TO TITLE XI PROH IBITI NG AND DEFINING THE
ISSU AN CE OF BAD CHE CKS AN D DECLARING AN EMERGENCY.
WHEREAS, there is a need to preve nt the issuanc e of bad
c hecks;
NOW, THEREFORE, BE IT OR DAINED BY THE CITY COU NCIL OF THE
C ITY OF ENGLEWOOD, COLOR ADO, AS FOLLOWS:
Section 1 . The '69 Englewood Mun icipal Code is hereby amended by
adding Chapter 9.5 to Title XI, whic h section shall read as
follo ws:
11-9.5-1 BAD CHECK ORDINANCE
Because the issu ance and delivery of a known ~P,d c heck by any
person is, in itself, harmfu l to the person to ~·\t is given and
also injurious to the City of Engle wood at large, the City Council
of Englewood declares, as a matter of po lic y, that such issuance
and del iv ery of a known bad check is a proper subject for criminal
sanction wi thout rega rd to the purpose for wh ich sa i d check wa s
given;
11-9. 5-2 DEFINITIO NS
In the construction of this Chapte r th fo llo wi ng definitions
sh 11 be observed, unless th conte x t cl arly indicates otherw is
(a) •1nsuffic1 n
in ccount wit h a ban
or order when pr nt
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A per on
i or c
mean not having a sufficient ba lanc
drawee for the payment of a check
nt within thirty days aft r issue.
a check when hem es, dra w,
to be ad , dr wn, d livered or
(c) "Check• mens a wri t en uncondit1on 1 order to pay as
cert in 1n mon y, dr wn pon b nk, payable on dem nd , and signed
by he drawer; •check " lso includes n oti bl e order of with -
dr w 1 nd a share ra
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(dl "Drawee " means the bank upon which a check is drawn or a
bank, savings and lo an association, indust r i al bank, or credit
union on which a negotiable order of withdrawal or a sh ar e draft is
drawn.
(el "Negotiable order of withdrawal" and "sha re draft" mean
negotiable or transferable instr uments drawn on a nego tiable order
of withdrawal account or a share draft amount, as the case may be,
for the purpose of making payments to a third person or otherwise.
(fl "Negotiable order of withdrawal account" means, but is not
limited to, an account in a ban k , savings and loan assoc iation, or
industrial bank, and "share draft account" means, but is not
limited to, an account in a credit union on which payment of
interest or dividends may be made on a deposit with respect to
which the bank, savings and loan association, or industrial bank.or
the credit union, as the case may be, may require the depositor to
give notice of an intended withdrawal not less than thirty days
before the withdrawal is made , even though in practice such notice
is not required and the depositor is allowed to make withdrawal by
negotiable order of withdrawal or share draft.
11-9 .5-3 VIOLATION
It is a violation of this ordinance punishable as provided in
Englewood Municipa l Code 1-1-20, for a person to issue or to pass a
check for the payment of money less than Two Hundred Dollars ($200l
knowing that the issuer does not have sufficient funds in or on
deposit with the drawee for the payment in full of the check or
order as well as all other checks outstanding at the time of
issuance.
11-9. 5-4 KNOWLEDGE
This section does no re liev e the prosecution from the neces-
si y of es tab lishing th r quir e d knowledg by evidence . However,
for the purposes of this ordin an ce, the issuer's knowledge of
in ufficient funds is presumed, except in the cas e of a postdated
c heck or ord r, if:
( l the is u r h s no ccount w1 h th dra we e t the time
th check or order i is u d; or
(bl th is ue r's account with the dr we is in the sta tu s
o •account closed " and notic thereo h s b en disp tched to th
issuer 's ddress on r cord with the dr we in time for deliv ry to
he is uer prior to th ss uanc o th chec or ord r; or
(C)
raw to
f er iaau
the i
y th
uer h insu f clent funds upon d posit with the
ch ck or ord r on presentation within thirty d y
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11 -9.5-5 EVIDENCE
A bank or other drawee shal l not be c i villy or criminally
liable for releasing information relating to the issuer's account
to an Englewood Police Officer, the Englewood City Attorney,
Englewood Assistant City Attorney, or authorized investigator f or
the Englewood City Attorney investigating or prosecuting a char ge
under this Ordinance.
Section 2. That City Council finds and determines that an
emergency exists in that immediate protection for the preservat i on
of public property, health, peace and safety i s necessary in tha t
bad checks will be passed without effective recourse to the
j udicial system; therefore, t h is Ord i na nce shall take effect
immediately upon passage after fina l read i ng.
I ntroduced, read i n ful l , and passed on first read i ng o n th e
3 rd day of January, 1983.
Published as a Bill for an Ord i nan c e on th e 5th day o f
J anuary, 198 3 .
Attest:
Eugen e L. Oti s , Mayo r
ex off1c10 C i t y Cl erk-Tr e as u r e r
I, Ga r y R. Higbee, e x officio City Clerk-T rea su rer of t he City
of En gle wood , Colorado, hereby certify that the a b o v e and for e g oing
is a true , accurate and c omplete copy of a Bill f or a n Ord i nance,
in tr oduced , read in full, and passed on fi rst read ing on t h e 3rd day
of J a nuary , 1983.
Gary R. Hig b e
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U~JIU~~S~t
C<JMI[£1D1J!Em
1DA~
WHEREAS the first responsibility of human society is to
meet the needs of its children, and
WHEREAS our children· represent the most precious resource
we possess, and
WHEREAS our children depend on us for protection and
preparation, and
WHEREAS children hold our world's future in their hands,
NOW, THEREFORE, __ E_u~g~e_n_e_L_._O_t_i_s ____ , Mayor of
the City of Englewood, Colorado
proclaim (date: January 20, 1983
UNIVERSAL CHILDREN'S DAY
, do hereby
as
in this city, in the prayerful hope that people everywhere will
take this time to honour the world's children, promote fr iend-
ship and understanding amongst them, and assist them to achieve
their human potential.
L. Otis, M yor
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TOa City Council of Englewood
FROMa Daha'i CoUDDunity of Englewood
(Jane Schnackenberg,Rep)
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SU1lJECT1 Universal Childrena Day Observance
The Daha'i Com munity of Englewood respectfull y reque s ts the
City Council of En~lewood to a p prove th e observation of
UNIVERSAL CllILDREN!S DAY, a.s outlined by the UNI CE F Commit.Lee of
the United Nations~ ------_/ Thia observation shall include a Public Meeting at 7:00 o'clock
in the evening at the Public Library of ~ng lewood.
There will be no monetary charges to the public or participants.
All coats will be borne by the Baha'i Community of Englewood.
Thia is a Public Service Progr~n.
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