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Home My WebLink About1983-06-06 (Regular) Meeting Agenda• .. City Council Meeting -Regular_ June 6, 1983 • • - • • • .. - 0 0 • I . • • ( • 7:30 P.M. • • • } AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 6, 1983 Call to order, invocation J_>y Dr. Roland A. Grace Baptist Church, 311e South Broadway, of allegiance by Boy Scout Troops #115 and and roll call. \~ /~ Andrews, ~ ~~ pledg e f~IJC ~ #154, ()..urN..4- 1. Minutes. 2. ~ 3. 4. (a) Minutes of the regular aeeting of Hay 16, 198 3 . (Copies enclosed.) Pre-Scheduled Visitor. tion to 10 ainutes.) (Please liait your presents- Other Visit:~~i~our prea e ntat _i on ~~-. to 5 ainute u ~ ~"-i ~-a -.. -r Publi c Rearing . Co aaun ica ttona -No Act i on Reco aa en d e d. (a) Minutea of th Engle wood Rous i ng Authority a eetina of Marc h 30, 1983. (Coptea encloa d.) (b) Ktnutea of the Board of Adjuat a ent and Appeals aeetin& of April 13, 1983. (Coptaa ancloaed.) (c) Minutes of the Engl wood Parka and R creation Co aa iaaion • tlng of April 14, 1 983. (Copfee enclosed .) (d) Hlnutea or the Board of Car er Service Coaafaeton- ra • etina of April 21, 1983. (Copies neloaed.) • I • ( • • • • ) Page 2 June 6, 1983 Agenda 5. Communications -No Action Recommended (Continued). (e) Minutes of the Liquor License Authority meeting of April 27, 1983. (Copies enclosed.) (f) Minutes of the Urban Renewal Authority meeting of May 4, 1983. (Copies enclosed.) (g) Minutes of the Public Library Advisory Board meeting of May 10, 1983. (Copies enclosed.) (h) Minutes of the Downtown Developaent Auth o rity meeting of May 11, 1983. (Copies enc l osed .) 6. C amunications -Action Recomaended. 7. Council Comaunication from the Library Adv i sor y Board concerning the Central Colorado L i brar y System (CCLA) Reciprocal Borrowing Ag r ee ment. (Copies enclosed.) (b) Council Coaaunication froa the Southgate San ita- tion District and Englewood Water and Sewer Board c oncerning Southgate Suppleaent 197. (Copies enclosed.) Coun c i l Coaauni c stion f roa the Cr e enb lt Sa nita- tion Dis trict and Engl e wood Water and S e we r Board c on c erning Greenb el t Sanitati o n Di s tr ic t Supplea e nt 114. (Cop i e1 enclo1ed.) Lette r f r o a MI . Wil a1 !. An krua, a e mber of the !ng l woo d P u b l i c Li brary Bo ar d , cone rnin her r e1ignatton fro a t h a t Boa r d . (Copt 1 enclo1ed.) {e) Council Coaa unication froa th Co a munity D velopa en Oeper aent reaardina a contract bet ween th Stat of Colorado and the Ci y o !nalewood cone rnin $150,000 CDIC. (Copt a enclo1 d.} Cit At orney. Ordinanc 1 on Ftnal (a) Ord1nenc •• ndln S ction S, of th 1 9, 1 • nd d, nelon p an c lo • ) adin • Art t e 1 5, Cb a p r , ood Municipal Cod o rovld or an op t on al r aln ••ploy a. (Cnpt a • I • • • - ) 1 Page 3 June 6, 1983 Agenda 7. City Attorney (Continued). (f) Ordinance approving an agreement with the South - east Metropolitan Board of Cooperative Servi c es for Media Cataloging and Processing. (Copie s enclosed.) Ordinance approving an agreement with Urban Drainage and Flood Control for improvements on Little Dry Creek in the City of Englewood. (Copies enclosed.) Ordinance approving a contract with the State of Colorado, Department of Natural Resources, Colorado Water Conservation Board, providing for the reconstruction of Union Avenue, Diversion Pump Station, and granting an ease- ment. (Copies enclosed.) Ordinance aaending the 1969 Englewood Municipal Code by adding to Section 5-11-4, amendments clarifying the authority of the City Manager and City Council with respect to City employees in the Municipal Court and providing Court responsibility for internal functions of th e Court. (Copies enclosed.) Ordinance aaending Section 5-11-4 (d ) of th e Englewood Municipal Code, 1969, c on ce r ni ng t he reaoval of aembers of the Board o f Ca r ee r Servi ce Coaaiasion e ra. (Copi es enlcoaed .) Billa for an O rdinan cea . Bill a p p r o v in g an ag r ee a ent with Ur an Oraina e an d Flood Con tr ol Dist r ict, the City of En le- wood, and the City of Sheridan r ardtn planning for ber1dan outfall ayat a y C ntena1al a in r1n Inc. (1111, Council Coaa ateatton and A ree a nt ncloa d .) 1111 approv1na a contract bet en th City o En le v ood and the S ate o Colorado, Otparta nt ot R1ab v aye, cone rnina aa1n nan o raffle eon rol d vie a on atate hi h aya llhin th Ci y of n 1 wood. (1111 and Council Co auntea - tion eneloa d .) • • • • • • ) Page 4 June 6, 1983 Agenda 7. City Attorney (Continued). Bill granting to the Englewood Housing Authority $277,500 for the Englewood Home Rehabilitation Program and amending an agreement between the City of Englewood and the Englewood Housing Authority for administration of the Home Reha- bilitation Program and aaending an agreement between the City of Englewood and the Englewood Rousing Authority for adainistration of the Hoae Rehabilitation Program. (Bill and Council Coamunicatlon enclosed.) Resolutions. (j) ;p~ ~-{It) Resolution approving a l ong-range plan for the paving of City streets in the City of Engle wood that have not been brought up to City standards. (Copies enclosed.) Resolution authorizing the purchase or con- deanation of the fee siaple interest in certain land in the City of Englewood to provide for a coaaunity center for the citizens of the City of Englewood, said coaaunity center being approved by the voters of Englewood. (Copies enclosed.) (1) Resolution setting forth the City of Englewood's int e nt to issue industrial developaent r e venu e bonds for Para & Hoae Foods, Inc. (Copies encl os e d.) {a) Pro claaation proclai a in& June 14, 1 983 as Fla& Day. (Copies enclosed.) (o) Proclaaation proclaiatoa June 14, 1983 through July 4, 1983 as Honor Aa rica Days. (Copies encloaed.) Other Hatt ers. (o) Attorn y'a Choic-.C.fiJJtq{n.ta.P)~J.· '-fh '1~:-.,~~BJ -~f3dt.1 (lv..4./)f.P.,?.J.S -f3 /. (3") ')•.oo~m . :~~ -~~~ l eolution aaandina th Ctoeral EHBCS). 0 ~ (Copt • ancloe d.) _ ~ .. Cit Hana r. (a) I • • - • • • • - Page 5 June 6, 1983 Agenda 8. City Manager (Continued). (b) Resolution providing for the Notice of Sale of Use Tax Refunding Revenue Bonds of the City of Englewood, Colorado, in the principal amount of $2,320,000 and providing for the publication of the Notice. (Copies enclosed.) ~c) Council Communication from the Urban Renewal Authority concerning an interia agreement between the Englewood Urban Renewal Authority and Brady Enterprises. (Copies enclosed.) 1 (a) Mayor's Choice. . -. ~ Manager's Choi c e.-~ ..../7> /1.~ {p- o-J.-5 : 6?J urn · !J -~ r /)AU. -!:a+~ ~ ~~~!~~ Cho~e. •.;j~ fC-M~ (d) 9. General Discussion. (b) Council Member's -~· 10. Adjournaent. 01.?:.~ ~~·~ n-~crt;"~ City Manager AK /ab • • • - • - Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzoatrick Weist Bi lo Bradshaw Otis fk' ~~ YL~ }11 c., ~#U l:r • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higda y v NeaT v Fitzoatrick v- Weist v Bi lo ~ Bradshaw v- Oti s v I . • • - • • } ROLL CALL Moved Seconded Ayes Nay Absent Ab stain Higday v Neal Fltzoatrick - Weist J Bi to I v Bradshaw 1 Otis , • • I . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzpatrick Weist Bi lo Bradshaw Otis d . • • I • • • • • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fi tzoat rick Weist Silo Bradshaw Otis , I . • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1gday .,-Neal - Fitzpatrick -Weist I Bi lo v Bradshaw Oti s , I . • • • 6 c::-. I • • • • • ) ROLL CALL Moved s econded Ayes Nay Absent Abstain 1-I t=-- Hiqday Neal -I I I--,__,...--Fi~zoatrick -.-1 --We 1st ~ cv Bi lo l - I Bradshaw - Otis - l --1 ,..._ - I ~ _..., j -----~I I • - • • ) ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday ........ ~ Neal Fitzpatrick ~ - /"" Weist v Bi lo Bradshaw Otis I . • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Hioaay Neal Fltzoatrick Weist Bi lo Bradshaw Otis I • • • • • ,. • ) ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hi qday - Neal Fl tzpatrick Weist 1 v Bi lo I v Bradshaw I Otis I . • • - • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain Hiqday Heal Fl tzoat rick . Weist Bi lo Bradshaw Otis I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fltzoatrick -Weist I v-Bi lo I ...--Bradshaw T Otis I • • • • • ROLL CALL -a in Moved Seconded Ayes Nay Absent Hiqday -~ Neal Fl tzoatrick Wei s t Bi lo Bradshaw I Otis l • • • • •' • ROLL CALL Abstain Moved Seconded Ayes Nay Absent Hlgday - Neal - Fitzpatrick Weist v Bile v Bradshaw Otis I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H Qdav v Neal .. Fltzoatrick Weist • Bi lo -Bradshaw Otis !'/ --I • I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Abseni Abstain ...!!_l_g_aay -_,_ Neal :·" Fitzpatrick Weist I Jti lo Bradshaw . Otis _l 1 I . • • - • • ROLL CALL Moved Seconded Ayes Nay Abseni Abstain Higday o--NeaT -Fltzoatrick -· Weist -, v Bi lo v Bradshaw . Otis c G ~.2-I I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absenf Abstain Hlgdav -v Neal - Fltzoatrick - '-Weist t v Bi lo I Bradshaw r I OtIs I . • • - • • ;;·. ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday ~ Neal Fitzoatrick -Weist v Bi lo v Bradshaw Otls 1d • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav v Neal Fltzoatrick Weist .....-Bilo Bradshaw Otis I . • • • • • ROLL CALL Seconded Ayes Nay Absent Abstain Higday -Neal - Fltzoatrick Weist Bi lo Bradshaw Otis • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Rigday ...--Neal Fitzpatrick --Weist Bi to Bradshaw Otis I • • • - • • J ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaav Neal Fl tzoatrick 1 Weist Bi lo --;;? Bradshaw Otis • • • • • ) ROLL CALL Moved Seconded Ayes Nay Absent ' Abstain Hlgday Neal -Fitzoatrick ..::..' Weist Bi lo -Bradshaw -Otis - I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday --v Neal - Fltzoatrick ~ Weist 1 Bi lo I ?.---Bradshaw I Otis , • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiadav --. 1 v Neal -Fl tzoatrick - Weist J v-Bi lo -Bradshaw I Otis I • • - • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain . Hi qdav 1------• Heal ---'-"- Fitzpatrick Weist -1 ,.,..-Bi lo I -v Bradshaw I Otis I • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain lflgday • Neal -..;- Fitzpatrick Weist , v Silo 17' Bradshaw Otis z1 • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HiQdav -Neal ., Fi tzoatrick . Weist Bi lo ~ Bradshaw Otis .. I • • • • • • ROLL CAll Moved Seconded Ayes Nay Absent Abstain H,qdav --Neal .. Fitzoatrick ~- Weist Bi lo - Bradshaw Otis I • • • • ROLL CALL Seconded Ayes Nay Absent Abstain Higday ,.......--Neal Fl tzoat rick Weist Bi lo .........-Bradshaw Otis • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqdav Neal Fitzoatrick Weist Bilo Bradshaw Otis I • • • • • • • ,.. ROLL CALL Seconded Ayes Nay Absent Abstain -Hlqdav Neal Fltzoatrick V' Weist . ............-Bi lo Bradshaw Otis ~ ~ ~ ~ ; ~2? I ' 3&;0 ~ I I .;3&;6 ~ /~ . ' ' 3. 2-6 ~ I • • • - ; . ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqdav - Neal -Fl tzpatrick - Weist Bi lo Bradshaw Otis I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday -.., Neal ____.., Fl tzpatrick -Weist I . Bi lo Bradshaw Otis I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absen~ Abstain Hiqdav --. -v Neal .---"9 Fltzoatrick - Weist T . Bi lo v Bradshaw Otis I I • I . • • • • ROLL CALL Moved Seconded Ayes Hay Absen~ Abs t a i n -Hlgday Neal - Fltzoatrick ..,..- Wei s t I v Bi lo I -v Bradshaw I Oti s T I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -"""'Ffl'90ay Nea1 ----Fl uoat r ick Weist I ~ Silo 7 ,___ Bradshaw I Otis T 1 /!). I • • • • • . . ROLL CALL Moved Second d e Ayes Nay Absent Abstain -,_ I I Hi qday 1-1 TNeal I , -Fi tzoatrick -Weist I Ri lo I I Bradshaw I I Otis I - I I ....., l j 1o. I • • • • ,. - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -..... Neal Fitzoatrick -Weist 1 Bi lo v Bradshaw Otis • • • • • ROLL CALL Moved Seconded Ayes Nay Abse~t Abstain Hlqdav ~ .....-Neal -Fl tzoatrick -Weist I -Bi lo T Bradshaw I Otis I I 1o c 8-#-?.1 3/L--t9-_ I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ....-Neal -Fi tzoatrick Weist I Bi lo v Bradshaw r Otis I l 1o • I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis 1o. I . • • - • • .:. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fi tzoatrick Weist -Bi lo ---Bradshaw Otis • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H_iqcav Neal Fltzoatrick Weist Bi lo Bradshaw Otis 1o ~~ v ~, cud-jLtL~ ~· • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain __!!~ ---. Neal --, Fit~atrick -Weist _L Bi lo I -Bradshaw .l Otis .l I 0 I . • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1 odav NeaT L--Fi tzoatrick Weist -Bi lo Bradshaw Otis 1o. I . • • • • ,. • ROLL CALL Mov e d Se co n ded Ayes Na y Absent Abstain Hiqday ~ ~ Neal - Fitzpatrick Weist ·~ Bilo (...-Bradshaw Otis j/ I • • • - • • ROLL CALL Mov e d Seconde d Aye s Na y Ab s e nt Abstain Higday ---. Neal ~ Fi tzoatrick Wei s t ...--Bi lo &,or Bradshaw Ot is I • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain r Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis I I I ~ {1/2/}cr~ ----+--- I • • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Hloday Neal Fl tznatrick Weist ;...-Bi lo Bradshaw Otis I'~ I • • • - • • - .. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -Neal -F I tzoat rick -Wei st I Bi lo I Bradshaw I Oti s I I I • • • • • • . . ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzpatrick Weist Bi lo Bradshaw Otis ---()'~& t :1 _(/ fl ( ~ t< J /L.. ~~-:; -z) 1/ 1 j:J ;;:' I /, 7fS • u JJD & (" ut :J I I I ...-/t.-1 • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higdav Neal .. Fitzoatrick Weist Bi lo Bradshaw Otis -~ ~- /3 l • • • • • COUNCIL CHAMBERS City of Englewood, Colorado May 16, 1983 ;~ REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 16, 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas Kleen, Eng le- wood United Methodist Church, 3885 South Broadway. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatr ick , We ist , Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * Also present wer * * * * * * City Manager McCown City Attorn y D Witt * Assistan City anager Vargas Director of Publ ic rks Waggon er Assistant Direc or of Community Developm n (Planning) Ro ans Depu y City Cl rk Wa kins * * * * * COU NCIL MEMB ~ TH REGUL AR M~~TI G 0 second d he otion. BRADSHA MOV 0 TO APPROVE TH~ MINUT S OF MAY 2, 1983. Council b r Pi zpa r ic 0 Council M mb r Br dshaw no ed a core c ion on p ge 11, cond paragraph o chang •ouT-0 -ORDE R• o •coLLEC TIV LY•. Council raph o add rs. • Council M correc ions . r 1 z a rick core c ion on pag e 13, our • o discuss p raonn 1 o a cond d h eo ion qre • • • • ,. - May 16, 1983 Page 2 were: Upon a call of the roll, the vote resulted as follows: Ayes: Nays: The Mayor There were There were Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . None. declared the motion carried. • * * • • * * no pre-scheduled visitors. • * • • • • • no other visitors. • • • • * • • •com unications -No Action Recommended• on the agenda (a) (b) (c) (d) Minutes of the Planning and Zoning Commission eeting of April 5, 1983. Minu es of the Urban Renewal Authority meeting of April 6, 1983. L r fro a member of the Planning and Zon- ing Co ission o the Mayor concerning her att ndance at the American Planning Associa ion Confer nc in Seat le. orandu from the Director of Community velopment to the City Manager concerning r a t ndance at the APA Conference in at 1 , Washing on. COU NCIL MEMBER BRADSHAW MOVED TO ACC PT •coMMUNICATIONS - 0 ACTIO RECOMME D D•, AGENDA ITEMS 5{A) -5(D). Council M aber al econd d the ao ion. Upon a call of th roll, h vo e re- aul ed a follow : Ayes: Council M mb r Higday, N al, Fitzpatrick, Wis , Bflo, Bradshaw, Otis. Nays: Non . The ayor d clar d th 1110 ion carried. • • • • • • • • I • ( May 16, 1983 Page 3 • • • COUNCIL MEMBER BP~W MOVED TO BRING FORWARD AGENDA ITEM UNDER 8(E) CITY MANAGER'S CHOICE. Council Member Bilo sec- onded 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. Steve Bell, Hanifen, Imhoff, Inc., came forward and dis- cussed refunding use tax revenue bonds. Mr. Bell advised refund- ing the bonds to lower the interest cost for debt service to the City. RESOLUTION NO. 23 SERIES OF 1983 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $2,320,000 AND PROVIDING FOR THE PUBLICATION OF THE NOTICE. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 23, S ERIE S OF 1983. Council Member Bilo seconded the motion. Council Member Nea l asked at what point savings were r alh d . Mr. B 1 1 stat d i f th bid rate comes in around 9.5 Council •ay wan to re e v alu ate the savings. Upon a c all o f th e r ol l, the vote resulted as fol l ows: Ay es : aya: Council Member s Hi gday, Nea l , Fl tzpa r ic k, W 1st , Bllo , Br adsh aw, Otis . None . The Mayor declar d he o ion carried • • • • • • • • Cl y nager cCo wn pr sen ed a Council Co m unica ion ro he Planning and toning Co laaio n co n e rnlng an ~ nd e n to he Co•preh nalv lonlng Ordlnanc by addi ng a new aec lon 22 .4 o, 1 ndac lng re ula iona . Mr. McCo wn no ed he Co laslo n s • r eco•- • nda lon as o •• h Cl y A orney o pr pa r e an ordinance nd 1 a pu lie h arlng. I • • May 16, 1983 Page 4 • • .. Assistant Director of Community Development (Planning) Dorothy Romans, appeared before Council and reviewed the proposed requirements. Ms. Romans stated the regulations would not apply to persons constructing or rehabilitating single-family homes in the R-1-A, R-1-B, or R-1-C, Single-Family Residence Districts but would apply to construction of churches, schools, or public buildings in these districts. Ms. Romans stated the regulations would apply to all new development and to buildings under-going major remodeling in the medium and high-density residential districts, residential/ professional district, and commercial and industrial districts. Ms. Romans stated if the developer cannot provide an area for land- scaping it is recommended that the developer provide 1\ of the value of the construction to a fund for landscaping or art work in public areas of near proximity. Ms. Romans stated the regulations would provide for a penalty if the landscaping was not maintained. The regulations would provide for a planting guide. The regula- tions would require landscaping plans be submitted at the time of the application for a building permit. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE RECOMMENDA- TION AND DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDI- NANCE. Council Member Fitzpatrick seconded the motion. Upon a c all of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Fitzpatrick, W ist, Bradshaw, Otis. Council Me b rs N al , S ilo . Th Mayor d clared h mo ion ca rried • * • • • * * • A sis an or of Co m unl y Dev lo p.en (Pla nning) Do ro hy Ro an pr s n d a Council Co unica ion fro• h Plan- ning and Zoning Co ission cone rning an a• nd ent to he Co•p re - hensive Zoning Ordlnanc r p aling Sec ion 22.4-12 as B-3 and re- enac ing S c ion 22.4-12 as 8-DD, Business Do wn o wn Oevelopaent Oistrtc • the 8-DD follo d the Co•preh natv Plan Plan and w • ori n ed o ward dis rlan R EAL MOV D TO R I G AN D ZONI G CO MM ISSION PAR AN ORDINA NCE ADDR SSt DISTRICT A D TH Upon a call of h cond d VO • • • • .. .. May 16, 1983 Page 5 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Assistant Director of Community Development (Planning) Dorothy Romans presented a Council Communication from the Planning and Zoning Commission concerning amendments of the Comprehensive Zoning Map rezoning a portion of the B-1 area to B-DD District. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE DOCUMENT AND DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Na ys: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * CO UN CI L MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA I TEM S 8{B) AND 8(C) -COUNCIL CO MMUNICATIONS CONCERNING A BI D AWA RD FOR AN AE RI AL BUCKET VAN AND APPROPR I ATING MONIES FOR PUR CHA SE OF CE NTRIFUG ES . Coun cil Member Fi tzpatr i ck seconded the mo ion . Upon a call of he r o ll, th e vo te resul t ed as f ollows : Ayes: ays: Council Me mbe r s Hi gday, Ne a l , Fit zpatrick , Weist , Bilo, Brads h a w, Otis . None. Th Mayor declared th motion carried. Direc or of Public or a Kells Waggoner presen ed th hree b d received for the replacemen of an a rial bucke van. Dia c or Waggon r r commend d accepting the bid fro Teagu Equlp- n Company for the alterna ive bid for th demo unit in the a oun o $20 ,550 b caus he uni could b d liv r d i dia ely. Direc or Waggon r stat d his i m wa budgeted in the 1983 Capi al R plac • n quipmen und. COU CIL M M ER FITZPATRICK MOV 0 TO AWA RD TH T AGU UI NT CO PA Y I TH OU T 0 MO ST ATO A RIAL UCKET VA • Council mo io • • I • May 16, 1983 Page 6 .. • • • Council Member Bilo requested the subject of CERF overages be placed on the budget retreat agenda. 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. * * * * * * * Director of Public Works Kells Waggoner presented a re- port wherein the City was successful in bidding for four centri- fuges wh ich the City of New York was selling. Director Waggoner stated the manner of this purchase would result in a savings of $400,000 -$500 ,000. RESOLUTI ON NO. 24 SERIES OF 1983 A RESOLUTION AMEND I NG THE SEWER FUND AND BI -CITY JOINT VENTURE FUND. COU CIL MEMBER BILO MOVED TO PAS S RESOLUTION NO. 24 , SERIES 0 1983 . Council Member Fitzpatr ic k seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: ay Council Member s Higday , Neal, F itzpatrick , Weist, Silo, Bradshaw, Otis . one . The Mayor declared the motion carried. Council express d apprecia ion to the press for keeping the bid a oun secret prior to bid opening. ORDI NANC NO. 18 SERI S 0 1983 * * * * BY AUTHORITY • • * COU NCIL BILL NO. 9 INTRODUCED BY COU NCIL MEMBER ITZPATRICK PROVIDING FOR THE LIC NSI NG OP GEN RAL AND SPECIAL I • • - ( May 16, 1983 Page 7 • • • CONTRACTORS, ELECTRICAL CONTRACTORS' REGISTRATIONS, AND PLUMBING CONTRACTORS' REGISTRATIONS, AND ESTABLISHING FEES THEREFOR BY AMENDING THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, AMENDING ARTICLES I AND II AND ADDING ARTICLE III TO CHAPTER 3, TITLE IX. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 9, SERIES OF 1983, ON FINAL READING. Council Member Higday se c- o nded the motion. Council Member Bradshaw spoke against the bill on the basis she did not think it met the original intent. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatr i ck, Weist, Bilo, Otis. Council Member Bradshaw. The Mayor declared the mot i on carried • • • • • • • • BY AUTHORITY ORDINANCE NO. S ER I ES OF 1 983 COUNCIL BILL NO. 20 INTRODU CED BY CO UN CI L MEMBER NEAL A BILL FOR A ORDI NAN CE AMENDING ARTICLE 5 , CHAPTER 9 , SEC T IO N 5 , OF T HE ENGLE WOOD MUNICI PAL CODE OF 1 969, AS AMEN DED, TO PR OVID E FOR OPTION AL PE NSI ON PLAN FOR CERTA I N EMP LO YEES . COU NCIL MEMB ER NEA L MOVED TO PA SS COU NCIL BILL NO. 20 , SERIES OF 1983, ON FIRST RE ADI NG . Council Memb r Fitzpatrick sec- onded th eotion . Upon a call of th roll, the vote resulted a follows: Ayes: Council M mbera Hi9day, Neal , Pltzp trick, w 1st, Bilo, Brad aha , Otis . Nays: Non . The Mayor declared th mo ion carried . • • • • • • • BY AUT HORITY 0 DlNANC o. COU NCIL BILL NO. 21 I • • - • May 16, 1983 Page 8 SERIES OF 1983 ,. A BILL FOR • • - INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLI- TAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCESS- ING. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 21, SERIES OF 1983, ON FIRST READING. 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, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR IMPROVEMENT ON LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. COUNCIL BILL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 22, SERIES OF 1983, ON FIRST READING. Council Member Bilo s c- onded the otion. Upon a call of the roll, the vote resulted as follows: Ay es: ay Council Members Higday, Neal, Fitzpatric , W 1st, Bilo, Bradshaw, Otia. Non • Th Mayor declared the Dotion carried • ORDI NAN C NO. S RI S 0 1983 • • • • BY AUTHORITY • * • COU CIL ILL 0 . 23 INTRODUCED Y COU CIL HE R HIGOAY I • • May 16, 1983 Page 9 A BILL FOR • • .. AN ORDINANCE APPROVING A CONTRACT WITH THE STATE OF COLORADO, DE- PARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATION BOARD, PROVIDING FOR THE RECONSTRUCTION OF THE UNION AVE. DIVERSION PUMP STATION AND GRANTING AN EASEMENT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 23, SERIES OF 1983, ON FIRST READING. 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, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED THAT STAFF INDICATE TO THE CORP S OF ENGINEERS THAT THE CITY COUNCIL WANTS THE DAM TO BE CONSTRUCTED FOR THE LONG-TERM RECREATION PLANS ON THE SOUTH PLATTE RIVER. Coun- cil Member Rigday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay e s : Nay s : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor de c lared the mot i on carried. RESOLU T ION NO. 25 SERIES OF 1983 * * * * * * * A R SOLUTIO PROVIDI NG OR T HE OT ICE OF SALE OF S PE CI AL ASSESS- tNT 80 OS OR PAV I NG DISTRICT NO. 29 , I N T H ~ PRI NCIPAL AM OU NT OF $349,100. COU CIL M MB R FITZPATRICK MOVED TO PASS RESOLUTIO 25, S RI!S 0 1983 . Council M mber B1lo a conded the motion . a call of he roll , the vo e reaul ad a follo ws: y I Council M abera Ri9da y, Ne 1 , P itzpa rick, W la , Bilo , Bradsha w, 0 is . one . yor d elar d he o lon carried • • o. Upon I • ( • May 1 6, 1 983 Page 10 * * * * • • • * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING MAY 22-28, 1983, AS •puBLIC WORKS WEEK•. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday , Neal, Fitzpatrick, Weist, Bilo, Bradsha w , Otis. None. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt transmitted a copy of the Order of Di smissa l i n the case of Rocky Mountain Acquisitions v. the City of Englewood. * * * * * * * City Attorney DeWitt presented a resolution for provid i ng legal services for the position of Assistant City Attorney. Mr. DeW i tt stated the fee is $75/hour which is reduced from $100 /ho u r. RESOLU TION NO. 26 SE RI ES OF 1 98 3 A RE S OLUTI ON APPOINTING THE LAW FIRM OF KEENE, HUNSINGER & STU CKEY ASSISTAN T CI TY ATT ORNEY. CO UN CIL MEMBER BRADSHAW MOVED TO PA S S RESOLUTION NO. 26 , SERIES OF 1 98 3 . Co un cil Member S il o s econd e d t he mo ti on. Upon a call of the roll , the vote r esulte d as follo ws: Ay s: Nays: Council Members Higday , Neal, Fitzpatrick, Weist, Bilo , Bradshaw, Otis . Non • The M yor declar d th motion carried. * * * * * * * City Manager McCown pres nted the Six Quarter Budge h p riod of April , 1983 hrough Septe mber, 1984. R SOLUTIO N NO. 27 S RIES 0 1983 • or I • • ( • May 16, 1983 Page 11 .. • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1983. 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, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Director of Community Development concerning the contract with Des i gn Workshop, Inc. in the amount of $25,000. Mr. McCown stated the contract provides for consulting services in implementing the downtown redevelopment plan. Mr. McCown stated the cost o f the c ontract would be paid from the Public Improvement Fund and funds were available. COUNCIL MEMBER SILO MOVED THE CONTRACT WITH DESIGN WORK- SHOP, INC. BE APPROVED. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatr ic k, Weist, Bilo, Bradshaw, Otis. Nays: None. Th e Mayor d e c lared the motion c arried. * * * * * * * City Manager McCo wn announced a me eting with Brady Enter- prises, Inc. concerning the do wn to wn redev elo pm ent on Tuesday, May 17, 1983, at 5:00 p .m. in the Lib r ary Conference Room. Mr . McCown s at d this was n open m eting . * * * * * * * City Han ger McCown introduced M rle Stanton, the Sup r- in endent of th Servicen ter , wh o was in t h audience. Thomas v. Aula an A orn y * * * * * * * read the procla ation commending t h Ci y of Engle wood s nd resigned as Aasistan Ci y City A torney at he Ci y of Council Member Brads h a w Holland for his se r vic City Attorney . Mr . Holl o accep the position of • I • • - May 16, 1983 Page 12 Wes tminste r. • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS THE PROCLAMATION. Council Member Fitzpatrick seconded the motion. Upon a c a ll o f t h e roll , th e vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fi tzpa t r ic k, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Mayor Otis read a letter of appreciation from the City Council to City Attorney DeWitt for his successful work in th e are a of pornography legislation. * * * * * * * Council Member Bilo recal l ed Ms. Dorothy Roman s to answer questions concerning the proposed landscaping regulat i ons. Ms. Romans noted what areas on the City map wo ul d not be i mpacted by the landscaping regulations. * * * * * * * Counc i l Member Bradshaw sta t ed she appreciated staff's effo rt s in ma ili ng out l etters on the s t atu s of the adu l t book sto re c a s e. * * * * * * * Council Mem b er Bradsha w stated the Parks and Recreation Commission would be considering the matter of a youth design e on the Commission in the near future. * * * * * * * Council Member Brad haw reainded everyon to vote o n Tu sday regarding the community c nter bond question • * * * • • * * Mayor Otis thanked he ne wspap rs for adver 1 lng vacancies on various City Boards and Co issions. Mayor 0 is s tated responses are b ing received • * * • * * * • • I • • • May 16, 1983 Page 13 • • • City Manager McCown stated various tours of public works projects would be conducted during •public Works Week• and the days would be May 23 -the ground breaking ceremony at the deten- tion pond; May 24 -tour of the water plant; May 25 -tour of the servicenter; May 26 -tour of the wastewater treatment plant. * * * * * * * Council Member Higday recognized a visitor who arrived late and wanted to address the City Council. Council decided to suspend the rules and allow the visitor to come forward. Melody Kollath, Committee Member for the Arapahoe County Fair, came forward. Ms. Kollath invited the male members of the City Council to participate in a men's beautiful legs contest dur- ing the fair which is the last week in July. Ms. Kollath stated she was asking male council members of municipalities in Arapahoe County to enter into the contest. Council Member Higday was appointed to chair the committee to organize Englewood City Council's participation. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE ME Tl G. Mayor Otis adjourned the meeting without a vote at 9:00 p.a. • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING March 30, 1983 S A The regular meeting of the Englewood Housing Authority wa s called to order by Vice Chairman Betty Beier 5:05 P.M.on March 30, 1983, at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Tom Burns, Chairman Betty Beier, Vice Chairman Beverly Bradshaw, Member William Frasier, Member Cindy Peterson, Member Members Absent: None Also Present: Stephen P. Dickson, Independent Financial Systems Consultant Kathleen Allin, Attorney Reading and Approval of Minut s M/S PETERSON, BEIER TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 23, 1983, WITH TH FOLLOWI C AMENDMENTS: Page 1, para followin roll call: Corr ct sp lling of "Beverly". Pag 4, para 1 und r S ctio nd in ita plac io rt "r fu "apply" and inaert "d clin " TION CARRIED AS Exist in , lin 7, d lete "b turn d down" to ace pt participation" and lin 9 , del t AYES: B!IER, FRASIER, PETERSO YS: ABSE! BRADSHAW, BURNS I . -• • - Executive Director stated that there can be real funding problems with HUD if we don't improve ERA's accounting system by getting the necessary reports c om- pleted and turned into HUD by the required deadlines. Steve Dickson stated that one of the o ptions is using the City's computer on a time share basis. The advantage of having a terminal connected to the City's present computer is that there would be hardly any equipment costs. Member Peterson asked Steve Dickson if he was also a programmer or did he contrac t with programmers, to which he responded that he has a network of programmer s be refers to and obtains what he needs from them on a regular ba s is. Chairman Tom Burns asked how long a study would take, to which Steve Dickson responded it would take about 80 hours to complete the analysis and study whic h should be spread out over a 2-month period. Member Beiers asked if ERA uses the City's system, would that not involve City personnel also, to which Steve Dickson responded, "yes", although any information needed could probably be o b - tained from the City by Frances Buck Jonas. Executive Director stated that Gary Higbee, Director of Finance, indicated that Stephen Dickson's proposal for an analysis and study of accounting system was a good idea and a reasonable price. Chairman Tom Burns stated he has always inquired about computer analysis and the possibility of utilizing a computer system, but that it has always been a tre- mendous cost and most computer consultants have told him that ERA should wait until they get bigger. Member Peterson stated it would be nice to have some of the "what if?" questions answered. Member William Frasier then excused himself from the meeting due to another coaaitment. M/S BRADSHAW, PETERSON THAT ENGLEWOOD HOUSING AUTHORITY ENGAGE STEPHEN DI CKSO TO C(I(PLETE A STUDY AND ANALYSIS OF ERA'S ACCOUNTING SYSTEM AT TliE RATE OF $30.00 PER HOlJR NOT TO EXCEED $2 ,500 .00, }o()TlO CARRIED AS FOLLOWS: AYES: NAYS: ABSE NT : Public Ho u a ina Dupl lt !xecutiv Dir d Re olut i on BEIER, BRADRAW, BlJRNS, PETERSO NONE FRASIER tor Frances Buck Jonas ubmitt d th status r port or dupl xea o. 3 appr ovin& r identi 1 1 a for th En 1 od dupl x •· , PET!JlSO. TO PASS RESOLUTIO 0. 3 APPROVI G RESID ITIAL LEAS FO uu,, ... ~,IIIJVD, DUPL!XE , K>TlO lED AS FOLLOWS: B I SIIAW, 8 S , PET FRASI • I • • • .. • hiring a fee accountant or doing the accounting in-house with a small computer which are the methods used by most area housing authorities. Executive Director stated that Stephen Dickson has been working with housing programs since 1974 as a Board Member and was Director of Finance for the City of Boulder when the Boulder Housing Authority was established. The Finance Department was never successful in providing accounting that met the Housing Authority's needs as part of the municipal accounting system. The Boulder Housing Authority pulled out of the municipal system and has been doing their own accounting manually in-house for several years. Mr. Dickson has just completed doing a Systems Development Plan for the Boulder Housing Authority and is now supervising installation of their computer hardware and software package and training the staff on its use. Steve Dickson then briefly summarized his experience and projects. He presented his proposal for Englewood Housing Authority for the development of plans leading to the conversion of ERA's current specific applications to an affordable small computer system. This would consist of a report which will be a useful document as it will set down what ERA's priorities are and what advantages can be gained through a computer system. The steps in this process are as follows, indicated by Stephen Dickson: 1. Systems Development Plan-first step. This plan will provide a framework for the overall process, will outline the pertinent factors, identify the out- comes desired from the process, steps necessary to achieve the desired outcome, and the resources and data that will be available and required. 2. Modular Approach -tasks ERA staff now performs would be divided into rela- tively freestanding components, or modules. Completion of one module to opera- tional stage would provide a usable, cost-effective system, even if sub equent modules were not immediately implemented. If modular approach agreed upon as most desirable way to proceed, would supply information as to: a. The most straightforward to convert to a small computer system, and b. Th most b n ficial operation to hav automat d. This would id ntify which function( ) hould b converted to realize th mo t rea onabl pric in both dollars and effort and most benefit to th Hou ing Authority. ). Tran ction-Driv a Syat c l ric 1 d taila, nd a .or nd cet th work out. -thia would provid r lief fro paperwork and ffici nt and ccurate w y to proceaa tranaa tiona 4. H rdw re Evaluation -On e all information ia gathered r carding requir nt nd prioriti a, th computer rket will b aurv yed within th pric rang Houain& Authority can afford nd provid an valuation of a limited numb r of al arn tiv comput ra. St ph n Di k on aaid th Auth rity uld b a t nJt to e.xc rat of 30.00 p r hour. a -2- • • • • • Executive Director stated that there can be real funding problems with HUD if we don't improve ERA's accounting system by getting the necessary reports com- pleted and turned into HUD by the required deadlines. Steve Dickson stated that one of the options is using the City's computer on a time share basis. The advantage of having a terminal connected to the City's present computer is that there woul d be hardly any equipment costs. Member Peterson asked Steve Dickson if he was also a programmer or did he contract with programmers, to which he responded that he has a network o f programmers he refers to and obtains what he needs from them on a regular basis. Chairman Tom Burns asked how long a study would take, to which Steve Dickson responded it would take about 80 hours to complete the analysis and study which should be spread out over a 2-month period. Member Beiers asked if ERA uses the City's system, would that not involve City personnel also, to which Steve Dickson responded, "yes", although any information needed could probably be ob- tained from the City by Frances Buck Jonas. Executive Director stated that Gary Higbee, Director of Finance, indicated that Stephen Dickson's proposal for an analysis and study of accounting system was a good idea and a reasonable price. Chairman Tom Burns stated he has always inquired about com puter analysis and the possibility of utilizing a computer system , but that it has always been a tre- mendous cost and most computer consultants have told him that ERA should wait until they get bigger. Member Peterson stated it would be nice to have some of the "what if?" questions answered. Member William Frasi r th n excused hims lf from the meeting due to another collllllitment. M/S BRADSHAW, PETERSON THAT ENGLEWOOD HOUSING AUTIIORITY ENGAGE STEPHEN DICKSO TO COMPLETE A STUDY AND ANALYSIS OF ERA'S ACCOUNTING SYSTEM AT THE RA!E OF $30.00 PER HOUR NOT TO EXCEED $2,500.00, MC.'TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BEIER, BRADHAW, BURNS, PETERSON 0 FRASIER Pu blic Houaing Dupl X 8 AY S: AY S: AB Dir tor Franc a Buck Jonaa ubaitt d th No. 3 approvin r aid ntial 1 a SO. TO PASS RtSOLUTIO D DUPLEXES, TlO CARRIED AS 0. 3 APPROVI G R SID LLO S: , BRADSHAW, BURN , P!T -3- • I • • • • - Orchard Place Executive Director submitted status report for Orchard Place and Resolution No. 2 approving residential lease for Orchard Place apa rtments. M/S PETERSON, BEIER TO PASS RESOLUTION NO. 2 APPROVING RESIDENTIAL LEASE FOR ORCHARD PLACE, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BEIER, BRADSHAW, BURNS, PETERSON NONE FRASIER Executive Director submitted a letter from Carl Fischer of Maxwell Saul Corp. regarding the 11-month inspection of Orchard Place and submitted HUD's 11-month Inspection Report of Orchard Place from John Pettit. No action. Executive Director informed the Board that on Friday, March 25, 1983, she did receive a check for $2 ,500 .00 from Nelson~ Roth Incorporated which is on and a half times the cost to correct the 7th and 8th floors of the north sid of Orchard Place with the elastomaric coating. The letter of credit was also returned to Nelson and Roth Incorporated on March 25, 1983. Executive Director stated that the landscape warranty is continued until the plants start growing at which time there will be an inspection of the landscaping. Errors and Omissions Insurance Coverage Executive Dir ctor submitted two lett rs from EHA Attorney Kathy Allin regarding errors and omissions liability insurance, on letter dated March 7 and the other March 29, 1983. EHA Attorn y Kathy Allin stat d that sh had rec ived a phone call from Bob Klug of Gallagher & Co psny in Illinois offic (City's liability insurance carri r) nd sh infor d him t~t EHA still do a not hav a copy of the rrors and omissions insuranc policy. H stat d h was going to get a policy to EHA and naw r d ny questions (that had originally ben directed to Gary Higb ). EHA Attorn y docu t d th qu stiona and an rs in 1 tter to Executiv Dir ctor, copy of which as ub itt d to EHA Board. EHA Attorney stat d that Bob Klu wi ll a nd h r copi s of th r lici s, endora nt and pool manual, at which ti mor o th Board's qu stion will b clearly an rd. EHA to by o" • th y still w nt d h r to inc mo t of th ir qu stion • t with Cary Ki b v r b in an r d I . • • • income limits, rent schedules, PRA policies and supporting documents and the deficiencies that were noted. Simon Center Executive Director submitted status report for Simon Center. No action. Section 8 Existing Executive Director submitted status report for Section 8. Executive Director stated that ERA still does not have the new fair market rents. Executive Director stated ERA now has 80% lease-up. Member Peterson asked what percentage is the fair market rent value, to which Executive Director responded FMRS are in the 50 percentile and now the govern- ment is planning lowering it to 40 percentile. Executive Director submitted the 1982 annual financial reports to HUD for the Board's review and summarized them for the Board. Rehabilitation Program Executive Director submitted status report for Rehab Program to the Board. Executive Director stated that rehab is not very active right now because per- sonnel are trying to do necessary work such as environmental reviews, etc. necessary to obtain the 1982 CD monies. Executive Director submitted status report on the ARRP. Executive Director stated staff is busy tion, and R hab Program; Janet Grimmett and placin na.ea on th waiting lists. pro ra. for the bank. working on the Acquisition, Reloca- is taking applications, interviewing, Staff is still working on the pilot !xecutiv Dir ctor aubmitt d R solution No. 4 to th Board for th ir con id ra- tion and adoption, authorizing the ecretary of EHA to act on behalf of EHA a a corporation to n otiat and procur loans fro the First Int ratate Bank of En 1 .A., Engl wood, Colorado, from ti to tim , of such au of mon y jud t of said offic r this corporation may require, up to an amount din any on ti $250,000.00. This lin of credit ia to provide ncin for th ARRP Program • K/S llWl RAW, P!T!RSO TO ADOPT llESOUTI'lO • 4, TIO CARRIED AS FOLLOWS: AYES: AYS: All ;r: BIW>SHAW, BEIER, BRADSHAW, BIJRNS, PETERSO 0 FltASIER POI. MADE 0 KARCH 16, 1983, Al!fH HOLD HARMLES AGilEEKENT WITH CITY OP ENGL D CENTER YARD, NJTION CARRIED AS FOLLOWS: HAW, B NS, PETDl P'IASl -5- • I • • • • .. • Executive Director informed the Board they have a party who is interested in purchasing the property located at 4151 South Acoma. Executive Director in- f ormed the Board that ERA has been making the hou s e payment for this property o ut of the deficiency reserve funds which ERA will have to pay back upon s ale of the p roperty. The Rehab Loan Committee approved the assumption un der the f o llowing conditions: 1 . The selling price to the Moores would be $45,033.16 (the exact cost to ERA . 2 . That a grant be approved for the Moores to allow them to complete fo r themselves the work items detailed by Al VanDemark. 3 . Al VanDemark must oversee all of the work and costs and that ERA mu s t issue checks jointly to the Moores and the material suppliers. Executive Director stated that the Rehab Loan Committee also recommen ded a llowing the interested party to assume the present loan, carry a sec ond mo rt- gage, and that ERA give them a $10,000 grant to fix up the house. M/S BRADSHAW, PETERSON THAT EHA PROCEED WITH THE PREPARATION FOR THE POSSIBLE ASSUMPTION OF LOAN ON PROPERTY LOCATED AT 4151 SOUTH ACOMA, ENGLEWOOD, COLORADO, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BEIER, BRADSHAW, BURNS, PETERSON NONE FRASIER Member Beier asked Executive Director if EHA was going to ask for a down payment, t o which Executive Director responded "yes". Director's Choice Exe c utive Director informed th Board that s h n eded their approval t o vote as a r pre& ntative f or EHA on the amendment s t o th con s titution and bylaw of NAHRO. M/S BEIER, PETERSO TO Al.JTHORI ZE EXEC UT IVE DIRECTOR TO CAST VOT ES FOR EHA 0 THE AMENDMENTS TO THE CO NSTITUTI ON AND BYLAWS OF AHRO, MOTIO CARRIED AS FOLLOWS: AYES: NAYS: A.BS BEIER , BRAD SHAW, BURN S , PETERSON ONE FRASIER Dir ector aubmitt d infor tion to t h Board r egard i ng Comadaaion ra h ld in 0 nv r from Jun 24 through 26 , 1983, aponaor d by M mber Cindy Peter on stated s h wo u ld lik to at t end. Executiv dvi ed R cording Secret ry to il in the registr ation for M mb r rson. Ex utiv Dir ctor Frances Buck Jon to th oar d r garding: al o submitted va rio u s n wap p r rtda 1. HUD Budg t ren w push or bit cuts , pro r • shifts , AHRO K nitor: Adainiatrati n propo s 1 n HUD bud Cor 198 , -6- I • • • • 3. NAHRO's Public Housing and Conmrunity Development Commissioner's Training, 4. Englewood Sentinel: Englewood Duplexes Open House, 5. Colorado NAHRO Newsletter 6. Appointment of Beverly Bradshaw to Human Development Policy Committee - National League of Cities from the Denver Post. Commissioner's Choice No action. M/S PETERSON, BRADSHAW TO ADJOURN THE MEETING, MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BEIER, BRADSHAW, BURNS, PETERSON NONE FRASIER The meeting adjourned at 8:23 P.M. -7- • I . • • - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS April 13, 1983 The regular meeting of the Board of Adjustment and Appeals wa s called to order at 7:32 p.m. by Chairman Donald Seymour. B MEMBERS PRESENT: Kreiling, Hallagin, Dawson, Brown, Gage, Ferguson, and Seymour. MEMBERS ABSENT: None. ALSO PRESENT: Dorothy A. Romans, Assistant Director of Community Development Tom Holland, Assistant City Attorney Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * ** * * BOARD MEMBER GAGE MOVED THAT THE MINUTES OF THE MARCH 9, 1983, MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS BE APPROVED. Board Member Hallagin conded the motion. Upon a vot , all memb rs voted in th affirmative. Th Ch irman rul d th t th minutes stand APPROVED. * * * * * * * * BOARD MEMBE CAGE M VED THAT THE FI IDI CS OF FACT I CAS 5-3 B APPROVED. Board 1D r D on conded th motion. Upon a vote, all members vot d in the ffirmativ that th Findin s of Fact w re APPROVED. * * * * * • * * * • The airman rul d • • Board o f Adjustment and Appeals Minutes--Page 2 • • • Chairman Seymour stated that the Public Hearing on Case No. 6-83, John L. and John Lester Dawson, for property at 4490 South Washington Street, was officially open. The Chairman asked that the Staff identify the request. Mrs. Romans stated that the applicant is requesting a reduction in the Minimum rear yard from 25 feet to 18 feet for the purpose of dividing this property into two building sites. This is a variance from the Comprehensive Ordinance , Section 22.4-4 j. (2) (a)-Minimum rear yard. Chairman Seymour stated that he had verification of posting and the legal advertising of this case had been given. John L. Dawson, 6128 South Windermere Way, Littleton, and John Lester Dawson, 4744 South Galapago Street, Englewood, were sworn in. John Lester Dawson was identified as a contractor, and if the variance were granted, he wou ld build and occupy a two-bedroom home on the new site which would be created by the division of the property identified as 4490 South Washington Street. John L. Dawson stated that there was a hardship for Mr. Plunkett, the owner, in that he had two mortgages on his home, with high payments and a very small income. By dividing the property, Mr. Dawson believed, the owner would be relieved of this second mortgage, and would be more comfortable financially. John L. Dawson continued that the new structure would sit on a lot 62~ by 100 feet, on the corner facing East Stanford Avenue. Mr. Kreiling asked about the undulating back yard of the Plunkett home. John L ster Dawson stated that th owners had cut down tree branches nd buried them. The Dawsons stated that th y hoped to improve the yard with dirt from digging the basem nt of th n w home. Mr. f rguson referred to the report by the Utilities Department cone rning th s nita r y w r tap which would r quir relocation, and John L. D wson r p lied t h t h would tak c are of that if the division can take place . Mr. Kr 111n a k d th t th fol l owing part o f th pplic ation b entered into th r cord : "Subs tanti lly , this coupl n depend ol ly on Soci 1 Security fo r th lr i ncome. The s le i s a l so condition 1 upon pprov 1 of th flrs t mo rtgage hold r a nd t h V ter ns' Admini s tration, both o£ oa hav b n p t it ion d or pproval." lt n t th l 11 tl • " •n ra wo rn i n f or t at imo ny. t on St r t has b n in uld b a n 1 prov nt. c th pr op rty . • t.hat y r d nd ny I • - Board of Adjustment and Appeals Minutes -Page 3 • • • Jim Higday, 4970 South Washington Street was sworn in. He stated that he is a City Councilman. He was afraid that i f the variance wer e granted, the junk would merely be c ondensed into a s mal ler area. There has been a history on this property of junk autos, dead branches a nd litter. Mrs. Romans stated that the record s show that there have been ma ny times when the Code Enforcement Officer h ad cited the property , and the owners then cleaned up, but soon permitted it t o deteriorate again . The Board agreed that, while the situation is deplorable, they do n ot have the power to require a c lean y ard as a continuing condition f or granting t h e variance. Mr. Ferguson stated that this is a f orewarning of what the Dawson s c an expect of their neighbors if they buy the property . Mrs. Bernhardt stated that the property had at one time been c ond emne d, but was later brought up to Cod s . The Chairman aske d if a nyo ne else wished t o s peak for or aga i nst t he v a riance. No one came fo rwar d . The Chairman a sked t ha t the St aff repor t be made part o f the Re cord , and closed the hear ing of Case No. 6-83. BOARD MEMB ER KRE ILING MOV ED THAT IN CASE NO . 6-83, JO HN L. AND JOHN LEST ER DAW SON , BE GRANTE D A VAR IANCE FO R PROPERTY AT 4490 SO UTH WASHING- TO N STREET, TO PE RMI T TH E REDUCTIO I THE HI !MUM REAR YARD OF THE EX I STING HOUSE AT THAT ADDRE SS FROM 25 FEET TO 18 FEET FOR THE PURPOSE OF DIVIDING TH IS PROPERTY I NTO TWO BUILD! G SITES. THIS IS A VARIANCE FROM THE COMP REHENSIVE ORDINANCE, SECTIO 22. -4 j. (2) (a) -Ml IML~ REAR YARD. Board meab r G econd d the aotion. BOARD KEMBER BR MOVED TO MAKE A CONDITIO TO TR VARIANCE THAT THE PROPERTY MUST BE CLEANED UP BEFOR! TH DIVISIO OF THE PROPERTY. This ndment fail d for lack of a cond. BOARD MEMBER BR MOVED TO AM D TH THE PROP !tTY BE CLEANED UP PltlOit TO I CLUD A CONDlTlO. THAT OF ~~ BUILD! G P RMITS. Board M a er D w on a cond d th aot n. Upon a vote, aix .. mbera voted in favor o th vot d a ainat it. Th Ch iraan rul d tha th nd nt, and Mr. r ilin nJ nt a ~· Upon a vote on th aotion th Ch iraan rul d th t th nd d, all a v n ab ra vot d in vari n v a GllANTED. avor, nd Th B rd ra av th ir 1 dl oll wa: ) I • Board of Adjustment and Appeals Mjnutes --Page 4 • • - Mr. Kreiling stated that there is a hardship on the present owners, who are in need of assistance. The only way to build on this site is to reduce the setback requirements. Mr. Hallagin voted for the variance because there was no opposition, the City needs more single-family homes (small ones that people can afford), and this will help clean up the area. It also met the six requirements for a variance. Mrs. Dawson stated that she had voted "yes" because these people are in debt and having trouble getting by. Several people spoke in favor of the variance, and Mrs. Dawson said that cleaning up will help the the whole neighborhood. ~lr. Brown voted "yes" because th character of the neighborhood will remain the same , and because this may encourage other people to develop their vacant land to bring more people into the City. Mr. Gage said that the six conditions for the granting of a variance were met and this would improve the site. Mr. Ferguson voted "yes" because it conforms to the six requirements and it will upgrade the neighborhood, while it will retain the single-family nature of the neighborhood. Mr. Seymour stated that he concurred that there was a hardship, and it will benefit the neighborhood, th re was no opposition, and they did meet the six conditions for a variance. * * * * * * * * * Chairman S ymour open d Case o. 4-83, 2701 South Pearl Street. Mr. Yenglin r port d that h had tri d to reach Mr. Koehler t both his place of residenc and place of bu iness nd could not do so. In the abs nee of th own r and his r pre ntativ , the Board listen d to the testimony of th neighbors, on th r commend tion of Mr. Holland. Mr ns atat d that the pplicant had not pr nted th v rification of postin , but she pres nted pictures taken by th Staff which show d that th prop rty h d b n post d, and , although there waa qu stion s to th 1 rit y ot th aign, h n i hbors w re w re of the He ring. 1r n :; YJIOur n d th t ff to id ntify th r qu st. Ut•r wr r qu stin th district. ction 22. - r istration Thia ia vari nc b -P rmitt d ra pr nt. Th ran ing of th ny p r on wi hln to p ak in oppoaition. • I • • Board of Adjustment and Appeals Minutes -Page 5 • • • Jon Morris, 600 East Yale Avenue, was sworn in. He presented a petition containing the names of 31 property owners opposing the variance. He stated that this is the only multi-family unit in the single-family neighborhood, although there are three rental homes in the area. Mr. Morris said that there is not sufficient off-street parking for two families, and the managers do not take care of the property. Ron Blanchard, 2756 South Pearl Street, was sworn in and stated that making this a duplex will not fit in with the neighborhood, and he was opposed to it. Clifford Smith, 2770 South Pearl Street was sworn in. He stated that the appearance of 2701 South Pearl Street is not in accordance with either the appearance or the standards set in the rest of the neighborhood. There is so much on-street parking that turning onto the street from East Yale Avenue is dangerous. Mr. Kreiling pointed out that there are three other rentals in the neigh - borhood, Mr. Smith replied that these are no problem, as they have only one family, with one or two cars, and adequate off-street parking. Mr. Kreiling said that 2701 South Pearl has off-street parking. Mr. Smith said there are usually 4 or 5 cars out in front. Jim Higday, 4970 South Washington Street, was worn in. He stated that if the variance w re granted, it would be in direct conflict with the City Council's directive of "preserving the single-family residence character of the City of Engl wood". He asked that the variance be defeated. The Chairman asked if there was anyon pres nt who would lik to speak in favor of the variance. Sarietha Smith, 2701 South Pearl Stre t, was sworn in. Sh is on of the tenants of th subject property and said that she r es with the neighbors, but ha a six months' lease, with a daught r in school. She agreed that the property is not well cared for, but s id that with th variance hanging in th balance, sh did not know if sh should inv st tim and money in a property from which they may have to move. Mr. Ferguson asked if Ma. Smith h d given Mr . Ko hler a depo it, and ah r pli d th at aha h d, $252. Andr w Hjort, 2701 South P arl Street, wa aworn in. at the subject property. H e tated that th re ia a nd they ar uaed. on of the tenant parks aero a h aaid, Mr. Morria parka a truck ther every night. haa improv d th prop rty since he oved in S pt mb r in hia opinion, th prop rty ia in aa ood a shape n 1 hborhood. • a t nant carport, atr et, althou h aid that he 1982, nd that, rest of th I • Board of Adjustment and Appeals Minutes -Page 6 • • Chairman Seymour asked that the Staff report be made part of the record. Mrs. Romans called the Board's attention to Building Inspector Gene Macrander's letter in regard to the condition of the property, and the letters showing the effort made to properly post the property. The Chairman closed the Public Hearing on Case No. 4-83. Mr. Gage asked if the Board could take action since the owner was not present. Mr. Holland replied that it could, inasmuch as evidence had been received by the Board during the Public Hearing. BOARD MEMBER BROWN MOVED THAT THOMAS KOEHLER BE GRANTED PERMISSION FOR LATE REGISTRATION OF 2701 SOUTH PEARL STREET AS A TWO-FAMILY USE IN A SINGLE-FAMILY ZONE DISTRICT. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONI G ORDINANCE, SECTION 22.4-4 b -PERMITTED PRINCIPAL USE. Mr. Gage seconded the motion. Upon a vote, all even members of the Board voted against the motion, and the Chairman ruled that the late registration was ~· BOARD MEMBER GAGE MOVED THAT IN CASE NO. 4-83, 2701 SOUTH PEARL STREET, THE TE ANTS BE GIVEN 90 DAYS FROM THE FIRST OF MAY TO LEAVE THE PREMISES. Mr. Brown second d th motion. Di cu sion ensued. Mr. Gage then withdrew the motion, nd Mr. Brown withdrew his second. BOARD MEMBER BROWN MOVED TO GIVE THE OWNER OF 2701 SOUTH PEARL STREET 90 DAYS FROM MAY FIRST TO COSVERT THE H I TO A SINGLE-FAMILY RESIDENCE. Mr. Hall in seconded th motion. ~pon a vote, all s ven mb ra vot d in favor of the action, and the Chair n rul d that the motion waa ~· Th Board mb ra av th ir indin 1 a ollowa: Mr. Kreilin at t r did not th curr not ppear to be a hardship sine th H vot d to d ny the request and uphold t ra to of I • - \ • Board of Adjustment and Appeals Minutes -Page 7 • • - Mr. Brown voted "no", as the building was constructed as a single family unit, and the conversion was done in violation of the City Codes and Ordinances. A reasonable return in use and services could be achieved by holding to the zoning ordinance, and granting the variance would weaken the general purpose of the Comprehensive Zoning Ordinance. Mr. Gage voted "no", because the owner didn't take much interest in the property and the variance would benefit no one but the owner. 30 people in the neighborhood were opposed to the variance. Mr. Ferguson voted "no", because the variance was only to the benefit of the owner and not to the neighbors in the surrounding area, also there were no unique circumstances about the building, and it could be used as a single-family dwelling, and should be used that wa y . Mr. Seymour voted "no" because there was considerable opposition, no hardship was shown, and there was no interest shown by the owner. * * * * * * * * * * The Chairman declared that the Public Hearing for Case No. 7-83 wa s officially open. He asked that the Staff identify the request. Mr. Yenglin stated that the applicants are requesting a reduction in the Total Sideyard requirement from 14 feet to 10 feet for the purpose of moving a single-family dwelling unit on to this property. This is a variance from the Comprehensive Zoning Ord inance , Section 22.4-3 i. (2) (a) -Minimum Sideyard. Chairman Seymour stated that he had verification of posting and the legal advertising of the case had been given. Mr. Dennis Orr, 5625 South Syc more Street , Littleton , wa s sworn in. H presented proof that he was the representative of Ryberg co nstruction, nd ubmitted pictures of the hous pr ntly located at 3787 South Clark on Str t wh ich was purchas d by th Urban Renewa l Authority becaus it is within the Littl Dry Cre k improvem nt project. Mr. Orr stat d that Ryberg Construction and th Urban Ren wal Authority would lik to mov this hous to 4700 South Wa hin ton Str t. This site was pr viou ly rmit a hom to be built on a substandard lot inst ad of s ixty feet). At th t time th etback r quir nts to corr spond with th hou is too wid to plac on th it nd c.m ly with v n wlth th r oval of th Kudr o H to hav th Bo rd p rmit a total of 10 f et o s tback 1 . A total aid y rd s tba k of 10 f t would nor 11y b site h vin a 50 foot front g • Mr. Orr stated th t this 1 r quir menta for a varisnc , p rticularly in Mr. Brown it would hav This vsri nc of th tax ~ney ily i hborhoods. is in th Littl Dry r w • • that • I • • • • Board of Adjustment and Appeals Minutes -Page 8 Susan Powers lturreria, 4585 South Elati Stree t, stated that the Urban Renewal Authority, of which she is the Executive Director, is planning to move the house located at 3787 South Clarkson Street. The Authority needs to recoup some of the money which they paid for the house, and wanted to keep this beautiful house in the City, rather than selling it to a house mover, who would probably move it to another city. ayberg and the Authority are working together to relocate the structures which have to be moved because of the Little Dry Creek flood control project. The addresses will be changed on the existing house and the house which will be placed on the new site. Chai rman Seymour noted that there were two letters of approval from the neighbors, and asked that the Staff report be made part of the record. He asked if there were problems with traffic in moving the house. Mrs. Romans said there would be no problems. There were no other persons present who wished to address the Board relative to this case. The Chairman ruled that the Public Hearing on Case No . 7-83 was closed and asked the Board's pleasure. BOARD MEMBER DAWSON MADE A MOTION IN CASE 7-83, THAT RYBERG CONSTRUCTION COMPANY BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 4700 SOUTH WASH- INGTON STREET, OWNED BY VERNARD L. WATERS, TO PERMIT A REDUCTION IN THE TOTAL SIDEYARD REQUIREMENT FROM 14 FEET TO 10 FEET FOR THE PURPOSE OF MOVING A SINGLE-FAMILY DWELLING UNIT ONTO THIS PROPERTY. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-3 i (2) (a) -MINIMUM SIDEYARD. Board Member Hallagin seconded the motion. Upon a vote, 11 seven m mbers of the Board voted in favor, and the Chairman ruled that th variance wa GRANTED. The mbers gav th ir finding a follows: Mr. Kreiling stat d that thia is a hardship for th Urban Ren wal Authority becaua th ne otiationa for th flood control were exp nsiv • Th Authority c n r coup 8Uch of th ir exp n e, provid safety from floodin alon Little Dr Cr ek and provide a home for a f mily. Mr. hou or vot d "ye " bee u e it would b it aov d out of the City. , particularly th hard hip de liah a good aix r quir nta n Ren wal Authority. ill n l hav n advera effect on neighborhood, and, if thia will ncoura d. a no opposition, the aix th district will not b nti 1 r a. I • • - • Board of Adjustment and Appeals Minutes -Page 9 • • • Mr. Gage voted "yes" because the six reasons to grant a variance were met, this is a nice home, and moving it to a new location would be a good thing for the City, and it is good to fill up empty lots with these homes. Mr. Ferguson voted "yes" because it will upgrade the area, as it is a beautiful house. It complied with the requirements for a variance. Mr. Seymour voted "yes" because it was a hardship for the Authority, and it generally met the six conditions. * * * * * * * * * Dorothy Romans passed out a letter from John Criswell about a property at 2280 West Evans Avenue. The Code Enforcement Officer has taken the owner and the lessee into court, and the judge directed the Planning Division, the lessee and his attorney to meet with our Assistant City Attorney and come up with a time limit for the lessee to clean the portion of the property which is in the R-2-C Residence District. She stated that they had agreed on a cleanup time. Mr. Criswell had written the letter before the meeting, and was asking for an interpretation from the Board on the variance granted in 1973. Mr. Hallagin asked about the Rosvall garage suit, and Mr. Holland answered that it is to be argued in November. Chairman Seymour asked for copies of minutes and findings of facts on 2280 West Evans, and Mrs. Romans said she would send them to the Board . Mrs. Romans said that she has rescheduled the tour of the Waterford for April 26, at five o'clock at the Waterford Marketing Center. She said that the Board members will be called, and are welcome to bring spouses. The meeting was adjourned at 9:30 p.m. • I • • • • • E.'nglcwoocl !'a rk s unci llcc:r ea t i on Commi ss i u11 Mi nutes o f Apri l 14, 1983 5 c The regular mon thl !' meeti ng of the Englewood Parks and Recreation Commi s sion Wu <; c alled to order <~t :J:t;~ [J .m, lJII Chairman Poole , at the k.'nglewood Mun icipal Go l f Course.: Clubhouse. Members present: Allen, Dradshilw, DoiJrdman, Comes, 1/igcluy, llowurcl, l'oolu , Romans, ex of fici o Members absent: None Also present: Leon Kuhn, Assistant Director of Parks and Recreation Doug Foe , Assistant Director of Parks and Recreation Coleen Stow0ll, City Fores t er Jeff Weist, Recreation Youth Council Chairman Poole asked if there were any additions or corrections to the minutes or the meeting of March 10, 1983. Co~m~issioner Bradshaw requested that it be indi c ated 1n the minutes when she and Commissioner Higday have conflicting Commission/City Counc.: 1 I meetings and they are unable to attend Commission meetings because of these co nl/~<.:t :;, as was the case at the March 10, 1983, meeting. A motion was made and seconded thll the minutes be approved as amended. The motion passed. Director Romans reported that Bob Searns of Urban Edges would not appear at t he meetlng as he was still working out some ways to obtain funds to match a $14,000 gr a n t from the Gates Rubber Company lor the South Platte River Trail. Gatos spoci £1 c <l tlt.Jt the mon y must be used from the south end of Denver• s Greenway Trail to H mpden Avon u ,•. Par t of this trail is in the Englewood city limits. Searns will attend a 1 t or Co~m~iss1ot• mee t i ng to make a further report. Clty Forester, Col .. n Stowell, was present to dvise the Co~issi on of the Arbor V.y cer monies that are to be held at the Englewood Golf Course on rr da y, April lS, 19 J , at 10 •·•·, nd anno unc d t hat Ke n 1/o ste tler , Denve r D1strict For s eer , ..,ill '" B•nL tJ,. Tree City USA plaque to Hayor Otis. ~he c r.-ony will cul.Unate with the pl ntinq o H rshall Seedless As h on th golf course Hst of the clubhous s a l o announ .. · 11 tl tre s li ngs wi ll distributed rriday aft•rnoon at H ller lui ld.t ng, n d s tur y IIICnn ng at Dun e n t:o ch l dr n • s lf and und•r in honor ot A.r r O.y • • • l:nyl c woud t~u rk s Lllld l<ccrL•&.Jt ion .C:uuu11i .';.;s i un Minutes of April 14, 1983 /'age -2- • • • the Saturday morning program for. youths will b e an i n spiration to chil<lrc•n t·v l <'.t lll ·"'""/ and take care of trees at an ea rly age. Concerning the progress of acqui ring an option on the Meadow Gold site for an Englewood community center, Director Romans stated that communications with Deatri <-·< Foods are proceeding, but City Mana ger McCown has received no definite word from t /" president of Beatrice Foods. Romans assured the Co/Miission that althou gh conunurt J<-'od '"" are slow, they are, in fact, progressing and he feels that a workable agreement fot the City and for Beatrice Foods will result. Commissioner Howard stated that she is sometimes finding it difficult, wh en promuL ; n t he community centP.r idea, to convince some citizens of Englewood that a commun1ty <:<'Ill< 1 would be a desirable endeavor for the community, since at the present time , there is "" f acili ty for Englewood's youth and fam ilies to gather for recreation opportunitic•s . lllto•1 some discussion, Di rector Romans stated that a good selling point to remember is tit<.JL Englewood has one of the lowest mill levies in the metro area which means that <t l .t> 111- c rease for Englewood property owners would be minimal. Howard also stated that she u<·- lieves it will b th young families in Englewood that will get out and vote for tho cen ter so they and their children will have a facility for recreating. Assistant Director Foe i nformed the Commission that th new pool cov r for Sincl..,ir Pool has arrived and ls presently being stored at the Sinclair Bathhouse. Chairman Pooiu u .'lkocJ whothor or not mivht o x puct ! rye s vinys in utility costs at Slncl ir sin<-u chat pool is open only for approxi .. tely three months a v r. Foe stated that th ut- Jlitil charges last: !I r for Sinclair Pool totalled $13,000 and h projact d thut c:usL,, should cut consider bly. He also statecl that due to the solar fe tur o this pool cov r, it 1o10n ' t ry to turn on t boilers for th l rst thre w ks ~<loco pool to t publ.tc. Ca-.JsSJon r r dshaw .inqui r~ about 11 b.iJJ 1:11 in urance cov rag on thu puoi 1 ut·- litJes and th 11001 cov r n th ev nt th t a child or 110ung dult •1ght: clilflb over rh th cov r n not abJe to v t out h n th 11(1/ • I • - J •Jy l uwvvtl 1 1 uJk.S iJllcl U<·c.·rc._.utiuiJ L'uuuuJ .•:.'-;IuJJ Mi nute..-,; u[ ll!JL'il 14, l'JUJ Page -3- • • • open for public use. She asked Douy Foe to check on the liability uovc.Jraye a n d m.,J..,. " report at the next meeting in May. Foe stated that in an attempt to help dete r an in- ciden t of this sort t 'rom occurring, some warning signs will need to be posted to inlot w the public of the dangers, and also the area will be well lit. Foe also reported that, due to exorbitant utility cost i ncreases, h e has bec•n checking into possibilities for a cover for the indoor pool at Englewood High Schuul . He and Jim Phillipe, Director of Property Services for Englewood Schools, met with Lanc:c · Loff of Loff Energy Systems, to discuss costs, etc., for the indoor pool cover. Fo e stated that Jim Phillipe also agrees that this would be a wise investment due to cl i mi.J JII <J utility costs. Foe mentioned that because of the considerable amount of heat lo ss i n the indoor pool, they are also considering a thermal window cover for the north wi n dow , at the pool to help maintain the heat level in the building. With the aid of a diagram of the proposed detention pond area at the f.'nyl <•wuud 11 1 yil School ballfield, Assistant Director Kuhn showed the Commission members the locat ion or the restroom and other facilities along with the combination soccer/football field s . Commissioner Gomes reported that a contract between the City and School District concer n- i ng maintenance and upkeep of the facility has been signed. He stated that maintenance costs will be divided 50/50 with the School District's yearly portion not to exceed $12,000, Recreation Youth Council member, Jeff Weist, asked when the pond constructi on will begin, and Director Romans informea him it will be in Nay of 1983. Di rector Romans stated thllt all portraits of SMst chllirpersons of th Cotmrission r e finis h ed e xcept the one for Jack Poole. These portraits will be displayed in the In - service Trai n i n g Room of the Recreation office •• requ sted bJI the COtllntis s i on. Rom.Jn:o Blessi n g , and Perkie Allen. Romans stated that the portraits will be hung soon. Co tmri .. ion r Howard inquired •• to the progr •• i ng .. a. by the Ci ty/School Co i. tte r e gard ng th pose b i 1Jt11 that a ecr tlon Yo uth c ounci l r migh t; • I • • Minutus o( 1\(J r .il /11, J<J/JJ J•age -4- • • • u voting member of thL' Couuuls s .iun . Couutd ~;.c:;iu nc..•r llll c n wcldc...·cl tlluL s !Jt· 1 i11cJ.; it cl111 H·ut to understand the purpose of the delays. After some discuss i on, Corruuissioner G'O fll < ·s stuted that the committee had ayrccd to fJOStf'Onc this mutter until ull clutuils llu<l U<'<'fl completed on the detention pond. Commissioner Boardman departed the meet i ng at 6:50 p .m. to attend a School IJu.u d "Meet the Candidates" meeting ·. The meeting was adjourned at 7:00p.m. Linda Wilks, Recording Secretary I • • • • .. 5 0 BOARD OF CAREER SERVICE COMMISSIONERS APRIL 21, 1983 MINUTES PRESENT: Jo Ellen Turner, Janet Kerzic, Catherine Pokraka, Betty Keena, Donald Weber ABSENT: OTHERS PRESENT: None. Benjamin Craig, Career Service Board Attorney Tom Holland, Assistant City Attorney David Menzies, Assistant City Attorney Robert Holmes, Police Chief John Criswell, Attorney Donald Baker, Appellant * * * * * * * * Item one on the Agenda was the Public Hearing for consideration of the proposed amendments to the Administrative Procedures. Chairman Weber read into the record the public notice and asked there was anyone ~n the audience who wished to speak for or against the proposed amendments. There being no response, Chairman Weber adjourned that portion of the agenda upon a motion by Commissioner Keena, and seconded by Commissioner Kerzic. AYES: NAYS: Turner, Kerzic, Pokraka, Keena, Weber None. Item two on the agenda was approv 1 of the M rch 17, 1983 minutes. With the following am ndment, Commissioner Keena moved, seconded by Commissioner Turner to approve those minutes: Page 2, last p ragr ph, s cond to th l at line, should re d: "of th ordin nc ec ion in qu ation nd forward copi a to council r quest~ng their comm nta if any procedur s re contrary to ord~n nc AYES: NAYS: mov d, m~nut of th Dobbins gri AYES: NAYS: Turner, K rzic, Pokr ka, Keena, w ber Non • d by Commiaaioner K rz c to l h ar~ng of M rch 24, 1983 Turn r, K rz c, Pokr ka, K n , W b r Non • I • • • • Commissioner Keena moved, seconded by Commissioner Kerzic to approved the minutes of the special meeting of March 24, 1983 regarding the Baker Appeal. AYES: Turner, Kerzic, Pokraka, Keena, Weber NAYS: None. • * • * * * Item three on the agenda was the Associations' Choice. There was no representative from the E.E.A. present. Larry Leydon, President of the E.P.D.A. had no business to present. Randy Pickrel, E.F.F.A. president verified that the Board had received the association's listing of new officers. He also requested the Board's procedure for selection of a hearing officer as he had requested in the F bruary, 1983 regular meeting. The Board directed the Recording Secretary to forward the Board's response to the E.F.F.A. after reviewing the tapes from that meeting. • • • • • • Item four on the agenda was the City Manager's Choice. Peter Vargas, Assistant City Manager had no business to present. • • * • • • Item five on the agenda was the Commissioners' Choice. Commissioner Pokraka stated that according to the ordinance, the letter o f appeal r1ghts in disc1plin ry actions that is sent to an employee should be siqned by the City Manag r or h1s designee rather than th recording seer t ry for th c, rcer S rvice Doard. To~ Holland, A~sist nt Ci~y Attorney, w s in concurrance , and 11 future letters shall come from the City Manager's office or his designee. Commissioner K ena mov d that the Board accept th appeal withdrawal of James Schmiechen. Commissioner Kerzice seconded the motion. Comm1 cc p AYES: NAYS: Turner, Kerzic, Pokraka, Keena, Weber None. 8o rd w s in r c ipt of 1 tter C1ty A torn y nd Fr nk Do b1ns, Account nt II, h d r ch d in h Dobbins d Bo rd'a di 1ss 1. 1on r Turn r mov th w1thdr w 1 0 AYES: NAYS: Turn r, Pokr k Non • no un ch dul d vial ora, 3 r gul r m ng o h n • to I • - • • • • LIQUOR LICENSE AUTHORITY MINUTES April 27, 1983 5 Chairperson Donald Styes called the meeting to order at 7:30 p.m. in the Englewood Public Library Conference Room 2. The secretary called roll: MEMBERS PRESENT: MEMBERS ABSENT : ALSO PRESENT: Donald Styes, Ronald Blanchard, Ronald Lunders, Frances Cosby, Lloyd Bryan None Charles Grimm, Assistant City Attorney Janice Watkins, Deputy City Clerk Brenda Castle, Recording Secretary * * * MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO APPROVE THE MINUTES OF THE MEETING OF MARCH 23, 1983. AYES: NAY S: The motion carried. Styes, Blanchard, Lunders, Cosby, Bryan None * * * Bill Parchen of the Arapahoe Sertoma Club was present to request a Special Events Permit for May 21, 1983. MR. BRYAN MOVED, AND MS. COSBY SECONDED, TO SET A PUBLIC HEARING TO CONSIDER A SPECIAL EVENTS PERMIT FOR ARAPAHOE SERTOMA CLUB FOR MAY 11, 1983 AT 7:30P .M. IN THE LIBRARY CONFERENCE ROOM. AYES: NAYS: Styes, Blanchard, Lunders, Cosby, Bryan one The motion carried. * * * MR. BRYAN MOVED, AND MR. BLAICHARD SECONDED, TO APPROVE PAUL 0. BARKLEY AS MANAGER OF BELLEVIEW BO L-0-MAT LOUNGE, 4900 SOUTH FEDERAL, ENGLEWOOD, COLORADO. AYES : NAYS : The motion carri d. Styes, Blanchard, Lunders, Cosby, Bryan None * * * • I . • • Liquor License Authority April 27, 1983 page 2 - • • • MR. BRYAN MOVED , AND MS. COSBY SECONDED, TO APPROVE RENEWA L OF THE 3.2 BEER, OFF PREMISES LICENS ES FOR THE 7-ELEVEN STORES AT 270 5 SO UTH BR OAD WAY AND 3900 SOUTH BROAmiAY, ENGLEWOOD, COLORADO. AYES: Sty es , Lu nders, Cosby , Bryan NAYS: Blanchard The motion carried. * * * MR. LUNDERS MOV ED, AND MR. BLA NCHARD SECONDED, TO CLOSE TH E REGULAR MEETING . AYES: NAYS: Sty es, Blanchar d, Lun de rs, Cos by, Brya n None The motion carried. * * * MR. BRYAN MOVED, AND MS. COSBY SECONDED , TO OPEN A PUBLIC HEARI NG TO CO NSIDER AN APPLICATION FOR A BEER AND WINE LICENSE FOR EL TEPEHUAN RESTAUR ANT AND STEAK HOUSE, 3457 SOUTH BROADWAY, ENGLEWOOD, COLOR ADO. AYES: NAYS: Styes, Blanchard , Lunde rs , Cosby, Bryan None The moti on carried. Janice atkins, Deputy City Clerk, presented to following exhibits for the City : A. The complete application, including: 1. State of Colorado form DRL404 2. S pplerrental informa tion to question 12 of the application form 3. Letter dated April 18, 1983 to Jose David Corral from Gary Higbee, Director of Financ e, informing the applicant of the date of the public hearing 4. Publisher's affidavit certifying publication of the notice of public hearing 5. State of Colorado form ORL404-l 6 . Letters of reference 7. Sac ground investigation fro Englewood Police Department 8. F1noncfa1 State nt of Jos 0 vid Corral 9. Tr d no offid vit 10 . Evidence of right to property 11. State nt fro the Englewood Pl nning and Zoning Department showinq the rest urant is in a correct zoning area 2. Floorplan of the property B. p of th defined n ighborhood with other b er and wine outlets circl d . C. Report of p titioning fro Oedipus, Inc. 0 . (l through 5) P fttons • I . - • Liquor Licens e Author i ty April 27, 1983 pag e 3 - • • • Brenda Row e of Oed ipu s, Inc., 2902 Fifth Street, Boulder, Colorado, was present to explain the outcome of t he pet i tioning done in the surrounding neighborhood of El epeh an. She sa id that of the four hundred seventy-three qualified pe rso s con tacted two hundr ed twelve were in favor of issuance of the license, sixty-seven were opposed, and the remaining did not sign for various reasons . Hartin Miller, and his partner Robert Long, were present to represent Mr. Corral. Th e fol l owing witnesses for the applicant were called: 1. Charles Welton, 5020 Montview Blvd, Denver, Colorado, an attorney acquainted wi th Mr. Corra 1 professionally. 2. Ronald L. Johnson, 8486 S. Davco Drive, Morrison, Colorado, Assistant Vice President, First Interstate Bank, has known Mr. Corral for 4~ years. 3. Donald Weber, 4201 S. Grant, Englewood, Colorado, eats at El Tepehuan several times a week and also knows Mr. Corral through his health spa. 4. Edwin E. McBrayer, 4210 S. Grant, Englewood, Colorado, eats at El Tepehuan and is also acquainted with Mr. Corral through his health spa and dealings with the Englewood Planning and Zoning Commission, of which Mr. McBrayer is a member . 5 . Phyllis Costilla, 3148 Xanadu, Aurora, Colorado, has known Mr. Corral since 1964 when he was a bartender in her restaurant. All found Mr. Corral to be of good character and recommended the issuance of the 1 i cense. Also called were Janine Munson, 3024 W. Jefferson Avenue, a waitress at El Tepehuan, and Porfillo Corral, 7871 Ivywood, Commerce City, Colorado, brother of Jose Corral. Both testified as to the authenticity of the petitions signed at the restaurant by persons i n favor of i ssuance of the license. The petitions were marked Applicant's Exhibit 1. Jos e David Corral, 4737 South Cherokee Street, Englewood, Colorado, testified in his own behalf and answered questions asked by the Author ity members. Marta Haun e r, 7321 Quarry Mountain, Littleton, Colorado, came forward of her own volition to testify for Mr. Corral. She is the forme r owner of the restaurant which fs now El Tepehuan. Mr. Styes asked if ther was anyone present in opposition t o th license. There was no one . The Authority th n went into executive session to d cid th question of issuanc~. recon ven ing a few minutes later. • I • - • • • - Liquor Lice nse Authority Apri 1 27, 19B3 page 4 - MR. LUNDER$ MOVED, AND MR . BRYAN SECONDED, TO APPROVE ISSUANCE OF A BEER AND WINE LICENSE TO JOSE DAVID CORRAL, DBA EL TEPEHUAN RESTAURANT, 3457 SOUTH BROADWAY, ENG LEWOOD, COLORADO, WITH FINDINGS OF FACT TO BE DRAWN UP AT A LATER DATE. AYES: NAYS: The motion carried. Styes, Blanchard, Lunders, Cosby, Bryan None Ms. Cosby expr essed doubt in casting her vote that Mr. Corral had, indeed, been rehab ilitated and Mr. Blanchard reminded Mr. Corral that the Authority could revoke a license as well as grant one. MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO CLOSE THE PUBLIC HEARING. AYES: NAYS: The motion carried. Styes, Blanchard, Lunders, Cosby, Bryan None * * * f~R. BRYAN t~OVED, AND MS. COSilY SECONDED, TO ELECT DONALD STYES AS CHAIRPERSON OF THE ENGLEWO OD LIQUOR LICENSE AUTHORITY FOR ANOTHER YEAR. AYES: ~ AYS : ABSTAIN: The motion carried. Blanchard, Lunders, Cosby, Bryan None Styes * * * There be1ng no further business to discuss, the meeting was adjourned at 9:30p.m. J. . . '· ~ e ,--r: /,, ~cAsfl Recording Secretary /be • I . - Jose David Corral dba El Tepehuan f{estauran t and Steakhouse 3457 S. Broadway Englewood, CO 80110 • • • LIQUOR LICENSE AUTHORITY CITY OF ENGLEWOOD STATE OF COLORADO for a Beer and Wine License -City 27 April 1983 Findings of Fact, Conslusions and Decision of the Liquor License Authority, concerning the application for a Beer and Wine License -City for Jose David Corral dba El Tepehuan Restaurant and Steakhouse, 3457 South Broadway, Englewood, County of Arapahoe, Colorado. FINDINGS OF FACT 1. That applicant for the Beer and wine License-City is Jose David Corral dba El epehuan Restaurant and Steakhouse, located at 3457 South Broadway, Englewood, Colorado. The application was filed on or about 14 February 1983 ~lith required enclosures (City exhibit A). 2. Notice of the Public Hearing to determine if the license should be granted ~1as published in the Englewood Sentinel in the City of Englewood, County of Arapahoe, State of Colorado on 23 March 1983. 3. The Englewood Police Department conducted an investigation of the sole proprietor Jose David Corral and found that the applicant had been convicted of two counts of transporting aliens by U.S. Court in Texas on 5 July 1971. He was sentenced to six mon ths confinement in each count, suspended for two years and put on supervised probation for that period. In October 1978 he ~1as arrested for second degree assault, after stabbing a man in front of his business following a traffic altercation. Applicant was given a one year deferred prosecution on May 23, 1979 for this assault charge. Although the applicant has four arrests for offenses involving the misuse of alcohol, three of which were automobile driving related, his only driving conviction was for dri ing while ability impared by alcohol in 1980. Applicant had other encounters with police agencies which are not considered material. The Engl ewood Police Department opined that applicant would be very questionable regarding approval of the license. 4. A personal history of the applicant and letters attesting to his good oral character and dedication to bus1n ss. Also applicant obtained his United States citizenship on 20 February 1981. 5. A copy of the extension of applicant's leas at 3457 South Broadway showing tnat applicant can do business at that location was received. 6. dra ing o th layout of the building s r c ived. 7. The dpplic nt Is uthoriz d to do busin ss in th City o fnql w od, oJ propr lur o Cl l p hu n R st ur nt. 8. h inancfal stat nt of applicant and other docu nts h submitt d indica te applicant is in sound financial condition nd able to op r t th • I • • Liquor License Authority El Tepehuan -Findings of Fa ct, etc. page 2 - • • • establishment under a wine and beer license. 9 . The report of Oed ip us, Inc. indicates that 945 door knocks were made, 288 persons satisfied the basic requirement concerning the question of needs of the neighborhood and desires of the inhabitants of the neighborhood. Of those, 73.61 % indicated the needs and desires of the neighborhood were not being met, and 26.39 % indica ted the needs and desires of the inhabitants of the neighborhood were being met (City exhibits C and D). 10. Appli cant called the following to support his application: a.) Charles We lton, Attorney at Law; Ronald L. Johnson, Assistant Vice Pr esident, First Interstate Bank, Englewood ; Donald Weber, in the construction business; Edwin E. McOrayer, general co ntractor; Phyllis Costilla, houswife and income tax preparer; Janine Munson, waitress in El Tepehuan Restaurant ; Porfillo Corral, brother of applicant and cook at El Tepehuan. In sum, all of the foregoing attested to applicant 's good moral character, trustworthyness, personal integrity, prompt payment of bills and good financial management, excellent business man a9er, dedicated restauran teur, supurb characteristics of honesty, and all recommended granting of the license. b .) Applicant testified about his background, his past derelictions and that he does not have a drinking problem and though he does drink small amounts, his pa st troubles resulted fro m his marital problems causing hi m to over-indulge. Now he is happily remarried and dedic ated to his work and he will never repeat any of his past criminal episodes. Mrs . Costilla and Ms. Ma rta Hauner, the latter a vo lunte er witness, attested to applicant's less t han humble origin in Mex ico, his entry i nto the Unit ed States and through his dedication to business has overcom e his past an d now is a successful, honorable, dedicated, hard ~larking businessman who is a credit to the City of Enqlewood. 11. Despi te a solicitation from the chair, no one opposed the granting of the licens e to the applicant . CONCLUSION 1. The ne ed s and des i res of the neighborhood are not currently be i ng met as eivdenc ed by the 73.61 1 of persons qualified to expre s s an opinion s ayin g that there is a nee d for awarding this license . 2. That the e i ght of the evidence presented shows that applicant has overcome his past char acter deficiencies and propensities for drunken ss an d criminal act i vities and he shows he has been rehabilitated . DECISION The Authori ty hereby approves the awarding of the win e an d beer license to Jos e Da id Corral dba El Tepehuan . • I • • Liquor License Authority El Tepehuan -Findings of Fact, etc. page 3 - • • • 2. The foregoing approval was unanimous, but two members of the Authority gave qualified approval votes and in doing so noted that they were g1v1ng applicant a chance, even though they question whether he had, in fact, rehabilitated himself. • I . f • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORI1~ MAY 4, 1983 5:30 P. M. 5 F The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:30 P. M. by Chairman Robert Voth. Members present: Fitzpatrick, McClung, Minnick, Novicky, Voth, Cole, Dickinson Members absent: Also present: Powers, Executive Director Alternate Susan Van Dyke None City Manager McCown Economic Development Planner Hinson Legal Counsel Jim Harm EDDA Board Member John Maxwell EDDA Executive Director Haviland II. APPROVAL OF MINUTES. April 6, 1983 entered during course of the meeting. Chairman Voth stated that the Minutes of April 6, 1983 were to be considered for approval. Fitzpatrick moved: Dickinson s conded: The Minutes of April 6, 1983 be approv d as written. The motion carried. Chairman Voth suggested that th order of th agenda b changed to discuss th Handbook while Mr. Harm is present. VI. OLD BUSINESS. A. R location Handbook. Ms. Pow ra stated that th copy of the R location Handbook dated April 16, 1983, contains the revisions approved by the Authority at them ting of April 6. Th re were two or thr it ma that the ataff waa aak d to r a arch more xt naively, and Ms. Pow ra ask d Mr. Hinson to report on th ae it Mr. Hinson atated that th point• the Authority aaked th ataff to r a arch wer 1. upplem ntal paya nta to buain as a baing r locat d; 2. R nt differ ntial paym nt to buaineaaaa raloca ad to a high r-r nt ar a; 3. Reloca ion paya ta for early moves to ralocatin buain aaaa; 4. Coin -our-of uatneaa paya n to buain a a that ch oa no to r locat . • I • • • • -2- Mr. Hinson stated that the staff contacted seven cities in the East and Mid- West, including St. Louis, Detroit, Chicago, Minneapolis, Pittsburgh, Philadelphia, and Boston. The staff members of these cities were asked whether supplemental payments, rent differential payments, or going-out-of business payments were paid by the Urban Renewal Authorities to businesses that were relocated by a redevelopment effort. Mr. Hinson stated that he was informed by each of the cities that they have no provision for rent differential or going-out-of- business payments; however, some of the cities (specifically Boston, Detroit, and Minneapolis) did offer payments "in lieu of moving and related expenses." The amount of this payment ranged from $2,500 to $10,000 and was based on the gross income of a specific business for a certain period of time. Mr. Hinson pointed out that most of these cities did use some Federal money in their program, and this payment is based on the Federal Uniform Relocation Act. Mr. Hinson stated that he also asked whether benefits were allowed for "early moves". The response was that the only benefits paid for moving /relocation expenses were following acquisition of the property by the Urban Renewal Au- thority. Mr. Hinson stated that Mr. Harm had further addressed the issue of early moves in his written memorandum of April 25, 1983. Mr. Harm discussed the memorandum addressing benefits paid on early moves. Mr. Harm stated that in the case of a long-term tenant, who is aware that his property will be acquired by the Authority at some time in the near future, and who finds a suitable location to move into prior to acquisition of the present site , it would be logical for that tenant to ask if they could relocate prior to notice to acquire being given by the Authority, and still remain eleigible for relocation benefits. If the Authority deter- mines that this tenant would not b eligible for relocation benefits because of an early mov , it would be a hardship for this individual; this is not the intent of the Authority or the Relocation Plan. The intent is to assist the businessmen in relocating and to li~it the loss of revenue to the buain asmen. Mr. Harm stated that the Handbook does have a provision stating that occup ncy must be 120 days immediately prior to the time the prop rty is acquir d to be elig i ble for relocation benefits. Mr. H ~suggested that the Authority consid r granting a waiv r to permit an early mov on a business target d for r location. Mr. Harm stated that a requ at for a waiv r would h ve to b consider d by th Authority, and th applicant would have to substantiate his claim for b nefits. A stat ~ nt would be signed by both parti a --the Authority nd th applic nt --which would atipulat the amount of benefits payabl . This statement or agre m nt would also state when the specified ben fits would be paid. Mr. Ha~ s tated that h felt such an agre m nt in conjunction with a waiv r on arly mov a could be done, and would assist in olving ny diaput a that might aria • th n. froa list d I • • • . . • -3- Mr. Novicky posed the situation wherein negotiations have exceeded the 120 days cited for immediate occupancy; he asked whether a tenant who might have moved into the premises after the negotiations began, and who have rented there for 120 days would be eligible for relocation benefits. Mr. Harm stated that if the tenant moved onto the property after the negotiations began, they would not be eligible for relocation benefits. Mr. Harm pointed out that in his work with the Boulder Urban Renewal Authority, notice of intent to ac- quire property was given to everyone they could find of record on that prop- erty: property owners, leasees, holders of deeds of trust, etc. Ms. Powers asked if Mr. Harm felt it is possible for the Authority to con- sider either the rent differential or going-out-of-business benefits Mrs. Cole asked if the going-out-of-business payment wasn't on the same order as the "in lieu of" payment that was made by other cities. Mr. Harm suggested business payments, involved in this. strings attached. that people would "pick and choose" on the going-out-of and questioned whether the Authority would want to get The "in lieu of" payment is given to the tenant with no Ms. Powers asked Mr. Harm if the Authority wanted to make an "in lieu of" payment whether it should be called something else --maybe a "supplemental assistance" benefit. Mr. Harm stated that this could be done, and the pay- ment could be used to cover expenses that are not listed in the Handbook . Hr. Maxwell asked why the prope rties in the 3400 block of South Acoma Street were not listed in the Urban Renewal Plan for acquisition. Ms. Powers stated that these properties are not listed for acquisition by the Authority at the request of the tenants and property owners. Hr. Maxwell s tated that he felt it would be fairer to all con cerned if these pro perties we r e listed. He stated that he did not feel there wa s anything to prevent the property owners from negotiating with the developer after the prop rty wa listed for ac- quisition by the Authority. Hr. Dickinson s tated that he felt the South Acoma St r eet property own rs and tenants "want their c ake and eat it t oo ," and he wou ld be against this. He emphasized that the property owners did not want t o b liat d in the Urban R newal Plan, and that these property own rs nd tenants "cannot have it both way s ," and the "Authority accommodated them one , and w ar not at their beck and call." He stated that if n gotiations between the property owners and the developer br ak down, the Authority is atill available to assist by m ndin the Plan to liat th property and tak It pi to cquir e it. Hr. McCown noted that in di cus ions with th b n encouraging th inclusion of compar bl abl by th develop r. H noted that th r to do so. d v lop r, the City 1taff h s r location b nefita to be pay- 11 nothin binding on the d v lop r Hr. Dickinson stated that a1 far aa the going-out-of-bu1ineaa paym nt ia con- e rn d, h f lt that jus b caul oth r citiel didn't hav such a paym nt ia not jultification to lay that w cannot or will not mak 1uch a paym nt. H stated that hia r ed v lop• nt proj ct il a uniqu proj c , and that no F d ral funds ar being ua d. H stated tha if a paym nt is to be •ade, it should b "call d what it ia", and no sub erfua should be us d. H stated th t h is oppos d to auch a auppl m ntal paya n , or aoin -ou -of-business p ym nt, yw y. • I • • • • -4- Ms . Powers stated that by calling such a payment a Supplemental Assistance payment, it could be used for anything the tenant wanted. Ms. Cole stated tha t she felt such a payment could be used during the "transition period" un til the business is established in a new location. Mr. Hi nson stated that he feels the question before the board is whether ad d itional payment should be made. Mr. Dickinson stated that he would not want to make additional payments. Ms. Cole asked what the maximum on re- l o cation payments is. Ms. Powers stated that the maximum is $10,000. Mr. Dickinson asked if both the tenant and property owner receive relocation benefits when a property is acquired. Ms. Powers stated that the property owner would be paid the price of the property; the tenant would receive the relocation benefits. Mr. Dickinson noted that most property owners would have an office where they collect the rents, etc., and asked if this would qualify the property owner to receive relocation benefits. Ms. Powers stated that s uch an office would have to qualify as a legitimate business, and cited the definition of business in the Handbook. McC lung moved: Minnic k & Dic kinson seconded: The Urban Renewal Authority will make no additional payments to businesses over and above the listed maximum of $10,000. Mr. Dickinson no t e d tha t e v e n if an owner goes out of business, the r e would still be mo ving e xp en ses . Mr . Voth a s k ed wh e the r Mr. Mc Clung's motion c overed the matter o f going-out- o f-bu sin ess payment s and the supplemental payments that have been discussed. Mr . McCl un g s t a t d t hat h i s motion would cover both points. Mr. Di c kinson s t a t ed t h a t i f th e motion i s narrowed down t o these two points, h e wou l d h ave no problem wi t h the motio n; he does not want to preclude the possibilit y o f maki n g such paym ent s in the futur e . Discussion e ns u d. Ms. Powe r s po inte d out t hat there i s no provision to reimb urse f o r e arly mov es a t al l. Mr. Harm pointed out that the matter of arly moves wo uld n o t i nvolv e "e xtra payme nt", but e mphas iz ed that the waiv r of the 120 days occupancy imm ed iat ely preceed i ng a c quis ition o f the prop rty would have to b signed . If a businessman does n o t ob ta in a wa i v er from th Authority, no paym nt would have to be ma d e. Mr . Ha rm e mphasized that the p ym nt for arly mov s would involve no extra benefits; it would allow a busin ss to r locate b for notice of intent to acquir the property is giv n and to receive b n fits for relocatin . Discussion nsued. Mr. McClung, with th pproval of th s conda , withdrew his motion. Mr. Harm stat d that he did not think it w s necessar y to hav a vote on the issue of early mov f ela th Ha n dbook giv a th disc r tion to t h Au- thority to approv uch pay nt on a case-by-case baaia , a n d to waive th 120-day occupancy diately prior to acquisition. Mr . Harm atat d that he C lt th only matt ra that th Aut h ority n d d to vo t e on are th matt ra of auppl n tal paym nta or r nt differ ntial paym n ta. M Cown augg at d that 1 would b w 11 to hav a motion regarding arly •ov b n fits on r cord. • I • - • • • • - -5- Mr. Fitzpatrick stated that he did not foresee any requ e st for early mov e benefits on the properties listed in the Plan now. He felt that at such time as the Plan is amended to include additional properties, this would be the time t o change the issue of early moves. Mr. Harm cautioned against changing the Handbook for just a few extra properties. Mr. McClung stated that he didn't feel early moves should be considered at all; he did not feel that it could be classified 1\S an "early move" until notice of intent to acquire property has been given, and that if a business- man moves before they receive such notice, the Authority should take no notice of it. Ms. Powers discussed the problems that could occur, and stated that potential problems could be solved by addressing and allowing benefits to be paid on early moves. Mr. McClung reiterated his opinion that if a tenant moves before he receives notice the Authority wanted to acquire the property, it is the obligation of the tenant. After notice is given to the property owner, the Authority might consider an appeal for compensation for havin g moved. Mr. McClung stressed that substantiating records would have to be presented by the tenant. Mr. McClung emphasized that he felt this issue should be addressed "after the fact." Mr. Dickinson requested that Mr. McClung restate the motion, and that the vote be c alled. Co le moved: Novicky seconded: Relocation benefits on early moves shall be considered on a case-by-case basis. The vote wa s called : AYES: NAYS: Novicky, Voth, Cole , Fitz patrick , McClung, Minnick Dickinson The motion carried. Mr. Voth s tated that the next point to be con sidered is the "rent differ ntial payment" which would assist the relocated businessmen for a short period of time. Mr. Novicky asked if the Authority had received an answ r to wh eth r this could be mad to those tenants relocating within the City of Engl wood, or wh ther the paym nts would b m de no matter where th business relocat d? Ms. Powers stated that Mr. Harm r s arch d th matter of paym nts to n- courage buain sa s to r locate within th City. This had b en discuss d at the pr vious m eting. Fitzpatrick moved: Novicky second d: Th Urb n R n wal Authority tsbl diff r ntial paym nts to relocatin the matt r of r nt buain s s. AYES: NAYS: Voth, Col , Fitzpatrick, McClun , Minnick, ovicky Non The .oti n carri d • • I • -• • • -6- Cole moved: Fitzpatrick seconded: The Urban Renewal Authority table the matter of "going- out-of-business" payments. AYES: NAYS: Cole, Fitzpatric k, Mc Clung, Minnick, Voth Dickinson, Novic ky The motion carried. IV. BILLS AND COMMUNICATIONS . Ms. Powers stated that there were no bills to consider. A letter from City Attorney DeWitt to Mr. McClung relative to assistance in land acquisition east of Broadway, was included for information. Ms. Powers noted that on properties to be acquired west of Broadway, the Authority may ask for Mr. Benedetti 's assistance, or contract with spec ial counsel. Ms. Powers stated that Mr. Benedetti has indicated that he is willing to work on the property acquisition, but has stated that he could recommend s omeone who specializes i n em inent domain proceedings. Mr. Dickinson suggested that the City Attorney could handle the land acquisition. Ms . Powe r s noted that if the Authority determines t o c ontrac t with special coun sel , this individual should be brought on -board as soon as possible to fam iliarize hims elf with the program. V. SEC RETARY'S REPOR T . A. Financial Re port. Ms. Pow r s discussed a quarterly finan c ial s tatement prepared for the Authority on the xpendit u r s fo r the f i r st q u art e r of 198 3 , Ms . Powers noted that the City Council h s t r nsf e rred $589 ,000 t o t h URA Bu dge t f r om th e P IF (P u bli c Improv m n t FU nd) f or land a c qu isit ion, wh ich is no t r e f l e c ted i n the finan c i al statem nt . Ms. Col not d th exp ndit u r es for legal s rvic a a nd ap pra i sal services w r quit high, and that consider ably more will be x p nd d in these t wo ccounts during th y r. Mr. Fitzpat rick qu stioned wh ther 1 gal counsel should att nd v ry m ting if th re is no n d for him. Ms . Po wers stated that 1 g 1 couns 1 do a not com unl ss th 1 aff f 1a he should att nd. Mr. ~vicky 8k d wh th r n attorney's pr es n e should not b requ at d by motion. K • Pow rs point d out that things do com up during the DOnth , and if at- t ndanc of th 1 al counsel were to b on motion of th Authority only, thi could d lay matt ra by a month. nt, 1 a m tina• to n mphaaiz d tha th 1 al Authority. • I • - • • • • -7- Mr. Minnick stated that he also believes in preventive measures, but that there are many things that don't need an answer immediately. He suggested that several issues could be transmitted to the legal counsel at one time, and that these issues could be answered at one time. Ms. Powers noted that expenditures listed under land acquisition were for the Wearner property, 3787 South Clarkson Street; the Blood property, 3767 South Clarkson Street, and earnest money to the property owner at 3601 South Logan Street, which was refused by that property owner. Funds that have not been expended in land acquisition include the amount transferred to purchase 3601 South Logan Street, and the funds transferred for the relocation and re- habilitation of 3767 South Clarkson Street which will not be done. Ms. Powers stated that $2195 income was realized by the Authority on rental income and refund on insurance policies. B. Property Report. Ms. Powers stated that the Urban Renewal Authority has closed on the purchase of the property at South Washington Street and East Union Avenue, the site to which the house at 3787 South Clarkson Street will be moved. Mr. and Mrs. Baswell, owners of 4700 South Washington Street, have c ontrac ted with the Authority to remove the garage from the site at Washington and Union. Ryberg Construction Company i s working on th e pl an s fo r the r elocat ion of t he hous e to the Washington Street site. Ms. Powers asked if ny membe r s of th of the hous e before i t is r elocat d ' pressed an i nter s t i n t h tour , and schedule a date fo r th tour. Ms. Powers s tated t hat at 3767 South Cl ar on and store d i n t h baa the c ontrac t f o r Litt l Ms. Powers s t a t ed t hat City Att o rn y f i l e for c ondemnation on 3 01 South Lo g iv n an addit ional 15 day t o t t h e sit e , bu t did not do s o . would file next w ek. Autho r it S veral • • Po r a • •••• • Pow r a pria a , be D. Little Pry Cr k Bid s . lt e. c , x u iv tatua o f a as ton • • • • • • inter ested in a tour ra of the Authority ex- tated that the s taff would deaol i s h the hous e are being removed o f t h house is in tb docum nt a t o o tia i na with Brady En r- th bids for wor on Littl Dry Cr k ,0 0; ttaa d coat was $2,020,000 • d th d ion • I • • • • -8- out. Mr. McCown stated that extra funds were included in the budget to cover i nsp ections , and there is a 10 % contingency included, also. Mr. Dickinson left the room. Discussion on the bids ensued. Mr. Dickinson entered the room and took his seat with members of the Authority. VI. OLD BUSINESS. B. Transfer of Property Owned by Urban Renewal Authority to City . Ms. Powers stated that with work imminent on Little Dry Creek and the detention pond, it will be necessary to transfer ownership of 3767 South Clarkson Street and 3787 South Clarkson Street to the City of Englewood. Ms. Powers stated that transfer of 3787 South Clarkson Street would not be done until the house is relocated and the site is vacant. Ms. Powers stated that City Attorney DeWitt suggested that the Authority be asked to authorize Ms. Powers, as Executive Director of the Authority, to sign these two properties over to the city. Ms. Powers stated that the timetable for relocation of the house at 3787 South Clarkson Street indicates that the structur should be removed within the next 30 days. A sample transfer document proposed by City Attorney DeWitt was attached to his memorandum, which document would be signed deeding the property over to the City. Fitzpa trick moved: Minnick seconded: The Urban Renewal Authority authorize Susan Powers, as Executive Director, to sign the docum nt transferring ownership of properties at 3767 South Clarkson Street and 3787 South Clarkson Street to th City of Englewood. This document is not to be signed until th house at 3787 South Clarkson Street has been remov d fro th premises. AYES: NAYS: Fitzpatrick, McClung, Minnick, Novicky, Voth, Cole Dickinson The motion carried. VII. NEW BUSINESS. A. Contr ct with Appraiser. Ms. from Hr. Ed Le t of Justin Hayn s Co p ny has b of th Authority. H • P era stat d that th fil a on appraia ra froa this 1 t Call, nd th Justin II yn a Company wa a on of thoa int rvi w d by th aub-co11111i tt or th Authority. Hr. Jack Butl r of th firm of Thoaaa 11 int rvi w d; how v r, the staff h a 1 arn d that Hr. Bu m mb r of Hr. Brady's staff , and has d t rain th it to c ntraet with Hr. Butler to p rform h appraieall. hat 1h nd Hr. lltn1on hav talk toM • L t; h ia r with th form r appreieal COG p ny. • I • • • • • • -9- Mr. Hinson described the services propose d by the Justin H. Haynes Company if they are retained to do the appraisals for the Authority. Mr. Hinson stated that the staff is requesting the Authority to direct the staff to negotiate a contract with Justin H. Haynes & Co mpan y to do appraisals for the Urban Renewal Authority. Mr. Hlnson stated that the contract will be negotiated based on the proposal outlined before the Commission. Discussion ensued. Mr. Minnick asked what was determined on the last appraisal done by the former appraiser; this was for a property on South Broadway. Ms. Powers stated that this appraisal will be redone. McClung moved: Minnick seconded: The Urban Renewal Authority direct the staff to negotiate a contract with Justin H. Haynes & Company to do appraisals for the properties listed in the Urban Renewal Plan. AYES: NAYS: Fitzpatrick, McClung, Minnick, Novicky, Voth, Cole, Dickinson None The motion carried. B. CODA Conference. Ms. Powers stated that she and Mr. Hinson would be attending a CODA Co nference May 5 and 6 at the Fairmont Hotel in Denver. A reservation had also been made for Ms. Jeri Linder, Planning Technician; however, a death in her family has necessitated her travel out of the state. Ms. Powers asked if any member of the Authority would like to attend this conference to use Ms. Linder's reservation? Mr. Dickinson stated that he would attend the Friday morning session. C. Information -Cind rella City Improvements, Ms. Powers stated that copies of a memorandum from City Manager McCown re- garding improvements in Cind r lla City should stay within the confines of the Authority. VIII. PUBLIC FORUM. Hr. Voth asked if Hr. Maxwell or Mr. Haviland had anything they would like to bring up for diacuasion. ith r g ntl n indicated they had anything to diacuaa. V, SECRETARY 'S REPORT. c. Mr. Voth atat d that thia matter would be diacuaa d in Ex cutive S aaion. Minnick 110v d: Clun I eond d: The Authority JO on R d v lop r'a into Ex cutlv S aaion to hear a report ra nt n gotiationa • • I • • • AYES: NAYS: • • • -10- McClung, Minnick, Novicky, Voth, Cole, Fitzpatrick Dickinson The motion carried. * * * * * Dickinson moved: Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: NAYS: Minnick, Novicky, Voth, Cole, Dickinson, Fitzpatrick, McClung None The motion carried. The meeting adjourned at 7:40 P. M. • I . • • • •' • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD May 10, 1983 5 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:38p.m. PRESENT: Bob Currie, Jerry Valdes, Barbara Bray, Debbie Dix, Alfred Quaintance, Dorothy Wheelehan REGRETS: Wilma Ankrum, Marietta Brown, Kay Van Valkenburg ALSO PRESENT: Sharon Winkle, Director of Libraries Do nn a Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Chairman Currie turned the meeting over to Ms. Winkle for the Director's Report. A Resolution regarding the Library support group was discussed. The Board felt further information and discussion was needed. 83-13 MOTION : To table action regarding the Resolution of the Library support ---group at this time. Moved by : Alfred Quaintance Seconded by: Jerry Valdes Motion carried 83-14 ~KITION: That the Board approve the letter of support for the LSCA grant pro- ---posal. Moved by: Dorothy Wheelehan Seconded by : Barbara Bray Motion carried unanimously. There was a brief di cussion on the draft of th Ce ntral Colorado Libr ry Syst (CCLS) agreeaent on reciproc 1 borrow1ng. It was noted hat only t li ht change were •ade fro the ori 1nal. 83-15 MOTIO : That th borro in Moved by: r r Bray onded by : Dorothy Motion arried. Th re s a bri nager, frc. on th Librar • pprove of the CCLS draf a r a. n on re iprocal reco nd that City Coun 11 appro ~ 1 • onti lty elo~ • • • • -2- Ms. Winkle noted that the Board's Budget Request for 1984 will have to be acted upon at the June Meeting. In conjunction with the Budget , the Board should take another look at the Duncan Reading Center, and the possibility of phasing it out. After discussion, the Board felt the neighborhood served by Duncan Reading Center was served adequately by the Bookmobile. 83-16 M6TION: That the Board endorse the closing of Duncan Reading Center in the 1984 Budget Request. Moved by: Dorothy Wheelehan Seconded by: Jerry Valdes Motion carried. There was a brief discussion of a Community Computing Network concept . This is in the exploration stage. She passes this information along strictly as food for thought. Chairman's Choice Mr . Currie gave an update on the Statewide Book Sale. The need to apply for a special events liquor license for the event must be done by June. The Foresters are trying to locate an organization to handle the bar for the reception the evening of the sale . The Board expressed their apprec iation to Donna Gottberg, Recording Secretary, for her work with the Board. A committee was formed for the 1984 Board Budget Request. Mr. Valdes, Ms. Bray, and Ms. Dix, chairperson. There w s brief discussion on the po ssi bility of a Staff/Board picnic this summer . The Board agreed to the co ncept and Ms. Wi nkle noted that the staff would make the arr ngements and i nform the Board t a later date as to the details. M hers' Cho~ce Mr. Quaintance i b ~nnin a publtc relatton pro r to dtstribute tear sheets, availabl at the Clrculation de k, on book rev1e~ , hors, e c. M Di a ed 1 here w s a group called "Gr t Boo Proar "! a cap u repor on the Color do Ltbrary A octation (CLA) Trust s held in April at Ft. raan, Color do. c i.tt r ports. 'o correspond nc o un inished bu n ss. ly d ssad. M • n 1a noted th t r ry d 1n r sed 1 \ n ir t u rt r • I • • • • -3- Mr. Quaintance suggested, and Ms. Wheelehan expressed a willingness to participate, in bringing the schools' IMC groups together. This would in- clude the reading specialists also. It was suggested that the Board host a coffee for the group . 83-17 MOTION : That the Minutes from the April 12, 1983 Meeting be approved as written. Moved by Barbara Bray Seconded by Dorothy Wheelehan Motion carried. Meeting adjourned at 9:25p.m. s-u -aJ a I • • • • • ENGLE\"OOD 001~ T0\·1N DEVf.LOPMENT AUTHORITY 3535 So . Sherman -En glewood , CO 80 110 t'INllTES Reg ular ~ ~e e tin g ~ay 11, 19S3 5 H Boa rd Members Present : Bush, Casson , Holthaus, Kaufman , Mausolf, ~~xwell, ~eal , Owens, Pendleton Board Members Absent: Close, Coleman Staff Present: M. ~aviland, P. Dietrich Gu ests: Susan Powers, Andy t'cCown, John Pearce Chairman Gassen called the r egular meeting of the FDOA Board of Directors to order at 11:50 AM on May 11, 1983. Mr. Ka u f man moved, seconded by Ms. Rush , to approv th inut s from th Reg- ular t'eeting on April 13, 1983, to approve the bills for payment, an~ to accept the Treas urer's Report. The motion was passed unanioously by voice vote. Mr. Casson asked that Board m mb rs submit possible nam s for EDDA Board vacancies to himself or to th F~ cutiv Dir ctor and they will forward th to City Council by June 1, 1983. Mr. Gasson call d an f.x cutive Committe meting for May 31, 1083 at 8:00AM to recomm nd p opl or h e v cancies. nd H augg sted th t th of the ~oard • tin comp nsation report. Bo rd would recesa into an Ex cutiv to diacuas th Ex cutiv Dir ctor'a Session at th valuation nd ~~~= ~~~~~~s -The Board d ctd d that th prioritiea for th na would be: Funds would b available for the 3400 block or outh Funds would b availabl for vi ual 1 n•l facad tncludtna •ian•, nd 3). ~ackl of th uildin& uld b tnclud d in thil pro r • rtnt. nt1, I • Page Two Board of Directors ~lay 11, 1983 • • • Ms. Powers mentioned that complying with the Davis Bacon requir ements of the loan prog ram would not add that much to overall expenditures. A t entative schedule for application of loans will be June 1-15 for the 3400 block of South Broadway, and June 15-30 for application from the 3300 block of South Broadway. It was also decided that it is important to have good information available to the merchants regarding t he loan program and the g rants that would be available. Ms. Powers menlioned that the City will tentatively have three architects who will do the architectural design work from the Design Gui~elines. OTHER -Bill Pendleton recommended that the EDDA submit S2000 for funding for the Englewood brochure. Hs. Bus" moved , seconded by Mr. Mausolf, to pay $2000 towards the F.nglewood brochure. The motion was passed unanimousl y by voice vote. DIRECTOR'S RF.PORT Mr. ~4xwell mentioned that the Urban Renewal Authority is in the process of trying to resolve what to do with businesses that voluntarily move becaus of the redevelopment project. Educational 0 rogram-The 14nd Plan D sign Croup presented a lide show on commercial facad s and signages. This program was scheduled to familiariz th Board with the possibilities of signage and the image that it can ere t • Broadway Questionnair -Th survey that is b ing conducted in th 3500, 3400, nd 3300 blocks of South Broadway will b complet d by th Jun , 19 3 Roard m ting. Hr. Cown invited th EDDA Board 5:00 P to r vi w the progress of tiv s of Br dy rnt rprises will b th r to nd r apond to qu ~tiona. At l :00 P. th l\oard r c ss d into an l'x cutiv Dir ctor' valuation and comp ns tion. ting on May 17, 1983 at v lopment propo 1. R pre sent - a pr sentatton on t hf s u bJ c t slon to r vt th u uttv Th Board r turn d from Ex cutive S aston at 1:25 PH. Mr. uaol rata , Cf v t • tna n d, • cond d by Ma. Bush, to July 1, 1983. The motion w urth r uatn aa, th m tin ~ utiv Dir ctor a un ntaoualy y vo t adj 1.1rn d 1: 5 PH. I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT May 18, 1983 {pA INITIATED BY Library Advisorv Board ACTION PROPOSED Coun ci l approve contract. INTRODUCTION Ce ntral Colorado Library System (CCLS) Recipro ca l Borrow i ng Agreement At Its meeting of May 10, 1983, the Englewood Public Library Advisory Board approved the CCLS Reciprocal Borrowing Contract for FY 1983 for recommendation to City Council. BACKGROUND The Library Department has participated in the CCLS Reciprocal Borrowing Program since its inception in 1976. The program provides access to rea public libraries for Engle- !QQd r es jdent s. Conversely it provides for direct use of the Englewoo d Public Library circu lation services for Englewood non-res idents. The program promotes the effective u e of public library resources throughout the Denver m tropolitan area. Participating agencies are reimbursed t the r te of $0.55 per net loan made under the program. Of this ..aunt $0.275/net loan is p id by the State of Colorado through CCLS nd $0.0275 is local ma tching payment . that resid nts of Englewood will borrow 4,05 items from other par- icipating librarie in FY 1983 wh ile En 1 ~ooJ non-r idents will borrow 24,150 items ro• th Engle od Public Library thus enerating income to th City of $22,103.40. The En lewood Public LibTary will be the larges net lender in the program according t CCLS es 1 te . nd the Libr ry 3 n th 1n re t • nd th the Ci ty Council pprove public s rvice throu h I . • • • May 16, 1983 AGREEMENT The EPslewood Public Library agrees to parti- cipate in tne Reciprocal Borrowing Program of the Central Colorado Library System for the period October 1, 1982 to and including September 30, 1983 and to accept the following con- ditions of participation: 1. To extend normal lending and use pr i vileges to any patron from any participating library who has a library card valid for reciprocal borrowing. 2. To keep accurate statistics of use as required by CCLS for calculation of payments. 3. To be reimbursed and to make payments as required under the program according to the attached distribution for - mula. 4. To follow th procedures established by the CCLS Board. (attached) Attachments forming part of this agreement A. Reciprocal Borrowing Procedures dated Hay 16, 1983 B. Foraula for Calculation of Reciprocal Borrowing Payments dat d Hay 1, 1983 For th participating library Na• Title For C ntral Colorado Library Syat Naa Title • , I . - ( • • • May 16. 1983 Attachment A Reciprocal Borrowing Procedures 1. Each participating library will keep accurate daily transaction statistics on forms supplied by CCLS and will provide these statistics to CCLS at the end of each month. 2. These statistics are cumulated monthly by CCLS, Sep- tember 1 thru August 31. CCLS will provide a quarterly report. 3. Payments are determined by applying the formula to the statistics of each participating library for the period covered. 4. Transactions to Jefferson County residents are not charge- able unless made to Jeffco patrons holding a card valid for reciprocal borrowing. 5. Creditor libraries receive a state payment per transaction and a local matching payment per transaction. 6. Local aatching payments for debtor libraries will be made to CCLS within 60 days of receipt of invoice. 7. CCLS vill aake State payments to creditor libraries by Septe.ber 30 of the reciprocal borrowing year. CCLS will forward local aatching payments to creditor libraries wh n all debtor library psym nts have been received in full. • I • • ( <' • • • May 1, 1983 Attachment B Formula for Calculation of Reciprocal Borrowing Payments l. Calculate credit transactions/debit transactions: If nuaber loaned is higher than nuaber borrowed, a) loaned -borrowed • credit transactions If nuaber borrowed is higher than nuaber loaned, b) borrowed -loaned • debit transactions If a}, then library is a creditor library. If b)' then library is a debtor library. 2. Calculate state payment to creditor libraries: For each creditor library, credit transactions x $.275 • state pa~t 3. C.lculate local matching payment froa debtor librari a: For cb debtor library, debit transactions x $.275 • lo~c~al~~~~~~~~ I . - . · • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 23, 1983 AGENDA ITEM B SUBJECT Southgate Supplement #97 INITIATED BY Southgate Sanitation District and Englewood Water & Sewer Boa r d ACTION PROPOSED Approve annexation of addition of land into the Southgate Sanitation District service area. INTRODUCTION A request was ma~~ ~~ the ~o~~g~~~ ~~n~~a~~~~ 2~~trjct rePresent i ng tbe owne rs/ developer for annexation to i~ saothgaie sanitation 0;strict service area . lrnclusion of this land doe s not i ncrea s e the ta p allocation to the Sou thgate Sanitation District . BACKGROUND INFORMATION a . The s ub j ect land parcel is approximately 40 acres in si ze an d is presently zoned A-1. The propo sed c hang e is t o erec t re si dent i al housi ng wi t h a den si t y of 6 t o 8 uni t s per ac r e. b. LE GA L: NW 1/4 NW 1/4 , Section 16, T6S, R67W of the 6th P.M., Douglas County, Colorado. c. OWNERS: Charles A. Cody, rtrud Cosens, G. Ron ld Cosens, Susan E. Cos ns, Wf111 H. , Mary E. , Jan L. H rrfs and Lfnda J. Curarte d. FINANCIAL DETAILS: None. r and S r Bo1rd r c nd t proper y d serf d fn Suppl • 1 • • • - SUPPLEMENT NO. ~TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly autho- rized Mayor and City Clerk, hereinafter referred to as "City•, and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter referred to as "District", WITNESSETH: WHEREAS, on the 20th day of June, A.D. 1961, the City entered into a Connector's Agreement with the District concerning the connection of the District sewer collection facilities to the City's sewage system , which Connector's Agreement was modified and amended by agreement dated the 4th day of April, 1966; and WHEREAS, said agreement and modification thereof provided that additional service areas could be included within the limits of the District with the written consent of the City; NOW THEREFORE, in consideration of the premise• and of the mutual covenants of the parties hereto, it is agreed as follows: 1. The City doea hereby consent to the incluaion of the additional area, situate in the County of Araoahoe, State of Colorado deacr~bed aa followa, to-w~t: Pro rty nera: Prop rty oea c r~p tion : 1n o Sou h<Jat 8 ni a 1on D dH. anal r • rv t 0 8 nc . nd rc;ed in o th C1 y'a IU T all in or n w l Charlea A. Cody, G rtrude Coaena, G. Ronald Coaena, Suaan F. Coaena, William H. e, Mary r.. Dowe, Janet L. Herria and Lind a J. ouarte NWl /4 NWl /4 , eet~o n 1 6 , T6S, R6 7W of the 6 h P.M., Dou laa County, Co l orado alr c:t, d • ha •• d w r f acta ea 0 will r th 11n fr a a 1d onal Ju l O, 19 l, a nd IIOdlf lca u • t 4 • I . - • • • • day of April, 1966, between the City and the District. Accordingly, Exhibit A referred to in paragraph 1 of the Modification to the Connector's Agreement dated the 4th day of April, 1966, is hereby amended to inclurle the additional area as set forth hereinabove. 2. Each and every other provision of the Modification to the Connector's Agreement dated the 4th day of April, 1966, shall remain unchanged . IN WITNESS WHEREOF, the parties have caused their names and seals to be hereunto subscribed and affixed this day of ---------------------· 1983. ATTEST: CITY CLER!t ( S E A L ) ATTEST: MAYOR SOUTHGATE SANITATION DISTRICT ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By_~~~~~-------------------PRESIDENT By __ ~~=r.~-------------AJIY ( 8 I A L ) -l - • I . - • • • • C 0 U N C I L C 0 M M U N I C A T I D N DATE May 23, 1983 AGENDA ITEM LoG SUBJECT Greenbelt Sanitat i on District Supplement #14 INITIATED BY Greenbelt Sanitation District and Englewood Water & Sew er Board ACTION PROPOSED Approve annexation of addition of land into the Greenbelt Sanitation District service area . INTRODUCTION A request was made by the Greenbelt Sanitation District represent i ng the owners/ developer for annexation to the Greenbelt Sanitation District servi ce area. Inclusion of this land does not increase the tap allocation to the Greenbelt Sanitation District. BACKGROUND INFORMATION a. Su pplement #14 is f or an area appr oxim ate ly 1 acre . The property is currently be i ng used as Bea con Development Center, which is a sc hool for childr n with de velopme nta l han dica ps (262 students). b. This area was previously in another sanitation district , but condi ions would not allow them to connect without pumping. This property is on a well with 3/4" service pipe. c. LEGAL: Lot 11, Clark Colony 13, Arapaho County, Colorado. d. OWNER: Harvey P. Wallac e. FI ANCIAL DETAILS: one. RECOifot NDATION : At th April 19, 1983 etfng, the W t r and S r Bo rd rec City Council approv t nn xatfon of t property described to th Gr n lt S nitatfon District. • 14 I • • • • • • SUPPLEMENT NO. 14 TO CONNECTOR'S AGREEMENT #13 THIS AGREEMENT, made and entered 1 nto by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter referred to as "City," and GREENBELT SANITATION DISTRICT, ARAPAHOE COUNTY, COLORAOO, hereinafter referred to as "District, .. W I T N E S S E T H : THAT WHEREAS, on the ---day of -------• 19 __ , the City entered 1 nto a Connector's Agreement wf th the District concern! ng the connection of the District's sewer collection facilities to the City's sewage system, and WHEREAS, the District has included by statutory procedure, the following described lands within 1 ts boundar! es; NOW, THEREFORE, in consideration of the premises and of the mutual cove- nants of the parties hereto, It is agreed as follows : 1. That the City does hereby consent to the inclusion of the following described lands within the boundaries of said District, all situate in the County of Arapahoe, State of Colorado, to-wit: The property presently owned by Harvey P. Wallace, known and numbered as 6100 East Belleview, legally descr ibed as : Lot ll, Clark Colony 13; and agrees that said additional area lilly be served with the sew r facil i ties of said District, and that the City will treat the sewaqe d isc harged Into the District's sanitary sewage syst and Into the City's trun lfne fron~ seld eddltional area, all In accordance wlth the Connector's Agr tween the City and the District. nt be- 2 . Each and every other provafon of Slid Conn ctor 's Agr -nt shall !'fflllln unchanged . IN WIT [SS IEREOF, the partlrs have "ustd t l r n s lnd s tis to be h r unto "'b crl d and affixed ------------· 1 __ • CITYO 01000 ATTEST : By yor ty Cl tr G [ LT IT AT! DISTRICT, A PAHOE TY, COLOAAOO ATT ST : ly t .!,.., rttary I • • June 1, 19&3 Eugene L, Oli,., Mayor Council At Large 3400 So . Elati Englewood, Colo1·ado 80110 Dear Mayor Otis • • • REC EI VE D JUN 2 1983 CITY. MANAGER'S OFFICE fNGLfWOOD lt is wil h dec::p !'cRre t that I submit my resignation from the Advisory Board of the Englewood Public L i bra ry . For aeveral months personal problem!> concerning my family hal> consumed my tine and acti vit ie,. 1 rc::gl'C::t L at my tenure on the Advisory Board has been fo r a l>hOl't duration with few accomplishments, The succel>s of the Lib1·a1·y and its development will alwayw be one of my main conce1·ns , Since1·e1y, ;:?~ Z:~4-./~#-z- Wilma E. Ankrum 1190 L ilac St1·eet B1·oomfield, Co. 80020 • I • • - • C 0 U N C I L DATE Ma 31 1983 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Contract between State of Colorado and City of Englewood for the 150 000 Communit Develo ment Block Gran IN IT lA TED BY Community Development Department ACTION PROPOSED City Council approve Contract between City of Englewood and State of Colorado. INTRODUCTION AND BACKGROUND. In March, 1983, the City was awarded a $150,000 grant from the State of Colorado. The funds are actually Federal Community Development being administered by the State. T~h~e~G~r~a~n~t~w~a~s~m~a~d~e~~~~~~~~~~~~~~ of a revolvin loan fund for use b usin Broadway to improve th acades of their buildings. of the buildings as we l l. The actual design of the buildings will b paid for by a diff rent grant from HUD. Th State monies are specifically for construction costs. The staff has met with four local l nding institutions regarding th ir inter st in particip ting in the pro ram. The r sponse was quite positiv , and w c n xpect formal r spon within on w k, and th n th details of th pro r will b d. In on form or anoth r, the St t funds would b u d o lev ra funds. Th attach d contract contains con iderabl boil r-plate Stat r quir nt . Th staff f ls that w can comply with thea regulations. lt 1 nd d th t th a $150,000 Co City C unc ll pprov th contract unity D v lopm nt Blo k Cr nt. • of I . • • • - CONTKACT KOUfi""G NUMUER CONTRACT THIS CONTRACT. m~dt this ___ day of 197_, by and bt:twee:n the SI:Ji t of Color:~do forth~ usc and btntfil or lil t Otparrme:nt of '1 _..Ll.!P ... I'<I.'I J...JlA:>..ful .... ·a...,furc.:."'---------- hne i n:~ftcr rrfcrnd ton the State, and '2 _,r .... h,.c~c ... !.J.t.J<v'--"'p""f~t·uno;.g.Ll C"''"'J o ... a ... r._l ------------ h~rcinafcer rdcrnd ro as the contractor, WHEREAS, aulhurit)' cxiJIS in lhc-L:aw and funds have been budaettd , appropriatt'd and othrwiH made a~il a b l c :~nd a naUident un•ncumb«n-d balanu thtrt'u( ftmains nail;able for paymtnl in Fund Numbn ___ , C/L Accounl Numbe:r ___ , Contr;~n Encumbranu Number : 1nd WHEREAS, ,..~uirt'd appro•:~l . cltuance and coordin11lon h11 bnn 1ccomplishtd from and with appropriate ••tRC'I t~>, and WIIEIIEAS, the United Stateo Governaoont, throuah the Houaina and Co0111unity Oevoloplhnt Act of 1974 , Pub. L. No. 93-383, aa amended, baa eatabliahed a Coc::zrucity Developaaat llock Grant ("CDBC") pt'o&ram and has allowed each atate to elect to adrdnieter auch federal funda for ita nonentitlement areaa, aubjec t to certain cond.itiona, inc:ludina a requirement that the atate'a proaraaa aive naaximwa feasible pr;ority to •ctivitiea which will benefit low- and modarate-inco.a families or aid in the prevention or elimination of aluma or bl i aht; the a tate• a program may a lao include activities deaiGned to aaeet other community developeent needa having a particular urgency because existing condition• poae a aerioua threat to the health or welfare of the comruunity vhere other financial reaourcea are not available to meet auch needs; and WIIEIIEAS, the State of Colorado baa elected to ad•iniater ouch federal funda for ito nonentitle•ent areaa throuah the Colorado Oepart .. nt of Locol Affaire, Diviaion of Local Government, Diviaion of Commerce and Development and Diviaion of Houaina, purauant to c.a.s. 1973, 24-32-106( l) (d), 24-32-304(2) (j) and 24-32-70~(1) (i); and WHEREAS, the Department of Local Af faire ("DepartiDent") Me received applicat i on• froa political 1ubdiviaion1 in Colorado for allocationa fro• the fedaral COBC fundo ovailabla to Colorado; and WRII.EU, th• Contractor ie one of tha eli&ible political eubd iviaiona to recu ~v. coac funda; and IIREtr.AS, the Depart .. nt of Local Affa ire baa approved tha propo .. d Project of the Contractor; 11011 TIIEUFOU it h haraby acned that: 1. Area Covared. The Contractor ahall perfono and accoaopliah all the oecaetaty Wt'k end aa rvicea provided under thie Contract, •• daacr lbacl in the attached Exhibit A, icb ia incorporated he ra in and aade part of thia Contr act by reference, in connection with and reap•ctina the follovina area o r &reaa: 2. lcop faoao rha ltata, the Co tra oat ata tor1 and proper .. •• nd ceted n the .. .,co, ,ereinaftar raferre4 to •• exacut on of thia Contract I .t ... to ba receiv d o'tt. in a all wurk ol ~ nt a to th Proj .r . "· I • • • - 4.. Tuae ot t'ertonnance. This Contract shall become effective upon proper execution of this Contr.lct. The Project contcmptatec.J herein shall comanencc us soon as practicable after the execution of this Contract ~nd shall be undertaken 3nd performed in the sequence set forth in the "Time of Perfonnance" in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contr.1ct shall not be eligible expenditures.. Furthermore, fundi shall not be obligated or utilized for any activities requiring a release of funds by the State und e r the Environmental Revic.., Procetlurc!f fur the CDUC prosr.,m ~t 24 CFJ{ P;1r t 58, until such relea1e is issued in writ ing. Administrative CO.Jt~ . rea$onoble. engineering and design costa, and costa of other exempt ectLv1l1es 1dent1t1ed in 24 CFR 58.34 (a)(l) through (8) do not require a release of funds by the State. For categorically excluded ac:tivitiea listed in 58.35 (a) determined to be exempt bec:.1use there are no circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the grantee must make and docuMent auch a determination of exemption prior to incurring costa for auch activities . The Contractor agrees that time ia of the eatence in the perfonzaance of its obligation• under this Contract, and that completion of the Project ahall occur no later than the tenaination date aet forth in the Time of Perfomanc:e • .5. Co1npena a tion and Method of Payment. The State agre•• to pay to the Contractor, in conaidaration for the work ancl aervicet to be parfonl!ed , a total amoua.t not to exceed One hundred llnd fifty thousand Dollan (iJ SO.OOO ). The 111ethod and ti.111e of _p_a_ym_e_n:-t-o""h:-a""l"'l,...,.b_e_m_a"'d-e~in accordance vith the 11 Pay.ent Method" aet forth in pausraph 7. 6. Financial Hanasen~ent. At all timet from the effective date of thie Contract until completion of thia Contract, the Contractor ahall cor.tply with the adaaiaiatra tive requiraaanta aacl coat principle• aat forth in the "&lock Crant Financial Kanaaement" eection of the State of Colorado, Locnl Government, Financial Hanaaaaent Manual (June 1981 AI amended and aupplemaated) (hereinafter "Financial Hanaaa .. nt Manual"). 7. Papent Methocl. Unlue othendoe provided in Exhibit A: a) the Contractor ohall periodically initiate all clrawdown requeata by aub11ittina to the Department' a Controller a written requaat uaina the State-provided fonD, for reimburaftment of actual and proper expenditure• of State CDBC funda pluo an eatimation of fund• needed for a reasonable lenath of time. b) The State ... y withho ld any payment if the Contractor hu failed to coaply vith the Financial Kan aeaant Manual, proaraa objectivea, contractual ter.a or reportina requlrementa. c) Within one hundred and ei&hty ( 180) day a after cOllpletioo of the project, the Contractor ahall n uut the.!.!!!!.! project paywent, which Ia the five Ul percent wh ich will be withheld by the State until project co•pletion, by aubtoittina to the contract 110nltor a final financial atatue report on the atate fono provided in the Financial Kanaae .. ot Ma nual and a final proar-tic report in the .. naer and -thod preacrlbed by the State. I. ~· a) Diaeretlon ry Audit. The State, throuah th l!:ucut(va Director of the Dapact .. nt of Local Atfaira, the State Auditor, or any of t eu· dt.Jly authoriaed repr•••ntetivee, ine:lud:ina an indep ndent Certiti~d Public AccountaDt of the State•a cbooa1 , or the federal aovec nt or any of lta properly daleaated or authoriaed repruantativu ah 11 ave the ri&ht to inapect, •• ine, •ad au.dit t Coot rector• • (and aray aubcontrlt:tor' t) recorda. boo 1, accownt• ancJ ot r r•l•v nc. docu ate. I «ha rat1 oary 1 dit uy loe raquaeta4 at a 1 t .. and lot any reaa fc-th elf claw dar of thu Coot ra t 11n111 ftve ()) ara altu th 4ate I n l p 1 nt tor tt u ProJ ct h r ulved by the C.. lor, rov dad t t the audlt i a pufo 4urlft1 nont.al '-ualn••• houre, r l2 ' •• • • • • • with applicable lnw, the Department of Loca l Affairs reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative action s fil ed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. 9. Cone rae tor. An Independent Cont rae tor. Cont rae tor shall be an independent contractor and shall have no authorization, express or implied, to bind the Stolte to nny agreements, settl emen ts, liability or undcrst .1 ndine except as expretlly set forth herein. 10. PersonneL The Contractor reapreaenta that he has, or will secure at his O\ITl expenae, unless otherwise 1tated in Exhibit A, all personnel, &I employee• of the Contractor, necessary to perform the work and service• required to be performed by the Contractor under thia Contract. Such peraonnel may not be employees of or have any contractual relationahip with the State . All of the eervicet required hereunder will be pertonned by the Contractor or under hia auperviaion. and all peraonnel encaged in the work ahall be fully qualified and ahall be authoriz.ed under State and local law to pe:-form auch eervicea. 11. Suepenaion. lf the Contractor faila to cotDply with any contractual provieion, the State may, after notice to the Contractor . 1u1pend the contract and withhold further paymentt or prohibit the Contractor from incurrina additional obliaationa of contractual funda, pending corrective act ion by the Contractor or 1 deciaion to tenainate in accordance with paraaraph 12 below. The State may detenaine to allow auch neceaeary and proper coata which the Contractor could not reasonably avoid during the period of auapention provided auc:h cotta we re necetaAry and reaaonable for the conduct of the project. 12. Termination. Thia contract may be tenainated aa followe : a) Termination Due to Loaa of Fundina. The partiea hereto expreaaly recoaniae that the Contractor ie to be paid. t'eimburaed, or otherviae compenutod vith federal COliC funda provided to tho State for tho purpoae of contractina for the aervic:ea provided for herein, and therefore, the Contractor e.xpreealy underatanda and aareea that 111 ita richra, demanda and clai.aa to co.penaation aritina under th ia Contract are continaent upon receipt of ouch funda by tho State. In tho event that ouch funda or any part thereof are not received by the State, the State may ianediately ter11inate or antend thia Contract, b) Ter-.inat on tor Cauae. If, throuah any ceuae, the Contractor ahall fail to fulfill in a UMly and proper aanner hie obliaotiono under thia Contract. or if the Contractor ahall violate any of the eovenanta, aar•••nta, Ol" otipulationt of t hlt Contract, tho State •hall thereupon hove tho ri ht to toralnate thh Contract for COUtO by alv l na vritton notice to tho Contractor of ouch toraination end •P«cifyina tho effective date thereof, tt lout five ($) doya before tho effective date of ouch tonoinat>on. In that ovont, all finiehed. or unfin ah.H 4ocu .. nte, data, atudiea, aurveye, drawlo 1, upa, IIOdolt, photoaropht, and roporct or other utorul prepared by tho Contra tor under thia Contract ahal l, at the option of the State, beco.e ita pr~P4:rty, and tho Controctor thall be entitled to receive juat and oquuablo co.penaation !or any aat\afactory work c plated on auch doc~ ta aM other utodola. otvlthet:andi th above, t e Contra tor ahal not liability to th Sttto for ony 4 ... 01 tuttained by the broo of t o Contract P•r•nu to tho Coat ro tor for Che purpoaa of utoft auct nc of 4 •• dou tM rare fr011 c • C ntr P .J•ol l!! r ot ny a tty •• Clio d . • • • - Contractor will be paid an amount "'hich bear s the aarae ratio to the total compensation aa the cervices actu11lly perfomed b ear to the total services of the Contractor covered by thi1 Contract, leas paymenta of compensation previously made: Provided, however, that if less than sixty percent (60%) of the aervicea covered by this Contract have been performed upon the effective date of auch termination, the Contractor a hall be re imbursed (in addition to the above pay ment ) for t hat portion of the actual out-of-pocket expenaea (not otherwise reirubureed under thi1 Contract) incurred by the Contractor during the Contract period which are d irec tly attributab le to the uncompleted port ion of t h e aervicea covered by thia Con"trac t. If thia Contract ia tenuinated due to the fault of the Contractor , Parag raph l2b hereof relat i ve to temina t ion ohall apply, 13. Modificat ion and Amendment. a) Modificat ion bv Opertttion of Law. Thie Contract ia eubject to auch modification• aa ma y be requ i red by chanse a in federal or 1tate law or resulationa. Any euch required modification ahall be incorporated into and be part of thia Contract aa if fully aet forth here in. b) Pro raramatic or Bud eta Hodif i cationa. Contractor ahall follow the reviaion procedure• aet forth n the Financ1al Kanaaeraant Manual if programnaatic Or budaetary rqodificationa are deai.re d. i) The contractor muat aubait a written requaet to the Department and obtain prior written approval fro• the Department under the followina c ircum1tancaa : .!· ~· ~· !· when the net amount of tranafera exceed the oriainal budaa t cataaory by five {5) percent or Fi.ve Thouoand Dolloro {$5,000.00), vhi.chevar io areater ; when any budaet tranafara between con•truction and nonconatruction budaatary cateaoriea are propoaad; when the acopa or the ob j ective of the Project chanae•; vhan add itiona l or leaa State fundina ia naaded; vhen reviaiona htvolve tbe tranafar of a-aunta budaetad for indirect coat1 to abaorb incraa••• a direct coata; and vhen reviaiono pertaia to the a ddition or it••• requlrina approva l h a ccordance with the provialono of the auboect ion of the Financial llanaaeaent Han"el entitled "Coat Principlea. n U) lD addit ion to tbe foreaolr.a pro:ed.,re, prior approval for a~~eh chanau ••nt be authorhed by the State in an -ad-nt to thia contract properly executed and approved in accord•nce vhh applicable lav under the follOWlftl clrcU8atancu : .!• vhen budaat a ry chanau ncaed ten (10) percent of the total contract a110unt ; v en the a ope or the objective of tha rrojeu chana•• a ubeuntielly, u datonaia.ad by the Depart .. at; and h II& ad. UINier tiOCh c rc-taiiCeo, c Dap rt .. llt'o approul h IIOt ~(INilll II t 1 -tlalhed in CN CDI\trt t ... t, lf oith r tho ltoto or tt. • -., J..! • .. I . • • • • •' - crnbodt~d i n ,, w-ritt e n c ontnsct o:n nc ndmt:nt incorporatinc suc h ch.,ng <!S, (!Xccut l•J and approved pursuant to applicable low. 15. R(p)rts. a ) Fi n a ncial Reports. The Contractor shall submit to the Sta t e two 2 copies of quarterly financial reports in the manner and method a et forth in the Finane ial Management Manual. b) ProgrAmmatic Reports. Unless o thet"Wise oxreed to in Exhi bit A, the Co ntractor shall submit to the State two (2) copies of quarterly programm at ic reports and of a final programmatic report in a manner and method to be preecribed by the State. 16. Indt"mllificotion. Contractor, in con1iderat i on for Stat e 's prom iacu here in set forth, promises to indePlnify, save and hold hanaleaa and defend State, and all of ita employee• and agenta, acting officially or otherwise, from any and all liability. claizna, de~Unda, action•, debta and attorney feea ariaing out of, claimed on account of, or in any 1anner predicated upon loaa or damaaa to the property of and in j uriea to, or death of all peraona whataoever, which may occur, or ia tuatained in connection with the perfonnance of thia Contract, or by condition• created thereby, or baaed upon any violation of any atatute, ordinance, or reaulation, and the defenae of any auch c laima or act iona. 17. Conflict of Intereat. a) No employee, offi cer or aaent of the Contractor ahall participate in the aalection, or in the award or adaainiatration of a contract if a confl i ct of i n tereat, real or apparent, VOt.Jld be involved. The Contractor' 1 off icera, eaployeea or aaenta a hall neither aol ic it nor accept aratuitiea, favora or anythina of monetary value fro11 contractora, potential contractora, or partiae to aubagreeraenta. b ) Ho ••ployae of the Contractor ahall perfor11 or provide part-t i me aarvice• for compen1ation, aonetary or otharvite, to a conaultant or conaultant fit11 that hat bean retained by the contractor under the authority of th i o Contract. c) The Contractor aaree1 that no peraon at any time exerciaina any function or re1ponaib i lity in c onnection with thia Project on behalf of the Contractor ehall have or acquire any pereonol financial or econo11ic. intereat, direct or indirect, which will be materially affected by thi a Contract, exc ept to the extent that be aaay receive coapenaation for hia perfor.anc:e pur1uant to thia Contract. d) A peraoaal financia l or e c:ono.i c iotereat inc:ludea, but ia not liaitad to : i) any buoinau ent ity i n which tha penon hu a d i rect or indirect .aonetary intereat ; li) any real property h vhich the penon hu a d irec t or iodirect 100natary inter11t; H i) any oou r ce of inc:-, loano , or a ilu ucd ... d by o r pr-iaa d to the penon within t welve ( 12) 100nth1 prior to the a .. c .. tion da ta of tbl a Contr ct, b) a ny ~ualnau anthy in which the paroon Ia • dlractor, ofhcor, 11neral or I aito4 pa<tner, truot .. , -ploy .. , or olda aay poahlo of .. n•a-nt. ror f.arpoeea of inveat••nt or 1atereat ... • any la ••t•ot or i tereet o ned by the ap v1e, ,Ill t, ~rot oa, d &hter, father-in-law, IIOther-in-lav, ~rot er· ft•la • eiater-a-1 , 1 a•in·lav, or 4auahter-tn-law ot the paraoa, lty •• aaent oa hi o /her baha lt, ~1 a &•• ral, Han 4 or • lnl partaer of t , by oy b\loin 11 ant IJ c tr lied by •• 4 ra a, or ~1 • truet n tch he/ah• h 1 eub•t• la•l Lnterttt . A ~~~· ,. ••• • tl y ia troll <I _, a paro n II th 1 pore , hLa/her •c, er a ulativo u ••flno4 al>ove poaaeuoo aara th " ~01 of II•• ro ip Lnterut, l o la pa re " u a au Ita t1 I • ""••c 1 coroat a • tr tt w • t poro er •• al>ove•defi 4 rolatlvo •• e pro t •• lwhlro lnurut rch aoro c on • 111 uoancl Doll art Ul,O .00). •• • .J r ll ,. •• • I • - - • • - f) In th l: event a conflict of i nt cr-c ~Jt, ~s described in thiH pnr.rJtruph &eventeen, cannot be avoided without frustrating the purposes of this Contract, the person involved in auch a conf lict of interest shall submit to the Contractor and the State a full disclosure stateraent setting forth the detail• of such conflict of interest. In caaea of extre~ne and unacceptable conflicta of intere1t, •• determined by the State, the State reserves the right to ter111inate the Contract for c.:~use, as provided in p.:u·agraph twelve above. Failure to file a disclosure atatement required by thia paragraph aeventeen ahall conatitute around a for tenainat ion of thia Contract for cau se by the State. 18. Compliance with Applicable Lawa. At all times during the performance of thia Contract 1 the Contractor and any aubcontractore 1hall strictly adhere to all applicable federal and atate lawa, order•, and all applicable atandards, regulationa, interpretation• or guidelines iaaued pursuant thereto. The applicable federal law1 and reaulationa include : a) Title VI of the Civil Rishts Act of 1964 (Pub, L. 88-352; 42 USC 2000 d et seq.), prohibiting di1cri~ination on the baaie of race, color, or national oriain in any program or activity receiving Federal financial asaiatance. b) Title VIII of the Civil Ri11hto Act of 1968 (Pub. L. 90-284; 42 USC 3601 et aeq.), aa amended, popularly knovn aa the Fair ltou1ing Act, prohibitina hou1ing diacrinaination on the baaia of race, color, reliaion, 1ex, or national oriain, and requirina HIJD to adminitter ita program• in a manner which affirmatively proaaotet fair houaina. c) Executive Ordu 11063 (1962), ao aaended by Executive Order 12259, roquirin& equal oportunity in houain& and prohibitin& diacrimination in the aale or rental of houaina built with Federal aaaiatance. d) Exacutiva Order 11246 ( 1965), aa amended by Executive Ordara 11375 and 12086, prohibitina diacriaination on the baaie of race, color, reliaion, aax or national oriain in any phaaa of employment durin& the perfonoance of Federal or Pedarally-uoiated conotruction contracta in ox<::ea• of $2,000. a) Section 3 of tha Houoina ond Co.,..unity DavalopNant Act of 1968 (12 USC 1701 u), aa amended, providina that, to the areateet extent faaaible, opportunitiao for trainina and emplo)'llant that oriae throuah MUD-financed project•, ehall be aiven to lower-income peraona in the unit of loc.al aoverNMnt, and that coa.tracte ba awarded to buein••••• located in the unit of local aovernaaent or to buein•••e• Dlll\ed, in oubatontiol port, by ruidento of the unit of local aovarNMnt. f) Section )04 of tha Rehabilitation Act of 1973, (29 USC 794), aa a-nded, provldlna that no otharviae quaHflad individual ohall, aolaly by rauon of a handicap, be excluded fr011 porticipation (includi eooploy.ant), daniad proar•• banafita or oubjactad to diacriainatlOQ ~o~nder any proar a or activity recaivlna Federal fund1. a> •> ... ..! ., , • • j) k) l) m) n) o) p) q) r) a) t ) u) y) a) y) a) • • • Davis-Bacon Fair Labor Standard• Act (40 USC 276a - 2 76a-5) requ i r ing that, on all contracts and eubcontracta which excee d t2.00 0 for Fed e rally-aaaiated construction, altera tion or r eha b i li tatio n , laborers and ~nechanica employed by contractors o r subcontrac to r s ahall be paid wa ges at ratea not leaa than thoae prevailing on aimilar conetruc:tion in the locality aa determi ned by the Secre t a ry of L3bor . (Th ia r e qu iremen t o1p pliea to the reh ab i lit ation of residential property only if auch property i a de•i sned for use o f eiaht or more families.) Contract Work Ho urs and Sa f ety Standard• Act of 1962 (40 US C 32 7 et aeq.) re.quiri n& that ••chani ca and laborer a eraployed on Pederally-aaa i ated contracts which exceed $2,000 be paid waae• of no t le11 than one and one-half time• their ba1ic wage rates for all ho ur s worked in exc eaa o f eiaht in a calendar day or forty in a vork weak , whichever ia areater .. Copeland "Anti-Kickback" 'Act of 1934 (40 US C 276 (c)) proh i bit i ng and preacribina penaltiea for "k.ick.bac'c.a11 of w~a•• in Federally financ ed or •••ieted con1truction activitiee. Title IV of the Lud-llaaed Paint Poioonin1 Prevention Act (42 USC 4831) prohibit i ng tho uu of lead-baaed paint in ruidential ltructurel conatructed or rehabilitated vith Federal •••itta nce. Nat i onal Enviro=ental Policy Act of 1969 (Pub, L, 91-190 ; 42 USC 4321 et uq.) and HUD impleiHndna regulation• contained in 24 CFil Put 58. National Hiatoric Pruervation Act of 1966 (16 USC 470 et aeq.) u ... nded, requirina coneid.eration of the effect of a project on a ny di1trict, eite, buildina, 1tructure or object that ie included i n or aliaible for inc luaion ill the National Resiotor of Hiotoric Placea . lxecutive Orde r 11593, Protect i on and !nhancea~ent of the Cu ltural l!nviroruMnt, May U, 1911 (36 ra 8921 at aoq.) Rourvoir S.lva1e Act of 1960 (16 USC 469 at aeq.) ea aaend ed by t h o Archeoloa1cal and Kiatoric Preaervation Act of 1974 . Flood Diuater Protection Act of 1973 (42 USC 4201 et aeq,), a a -nded, requirina purchaae of flood inaurance for c o ne t ruc tion a nd acquioiticn projecta in apecial flood huard areu where flood inauronce io available , and requid"' that unleu flood i naurence io available, federally-aaaioted conatruction and a c qulait i o n ~<ork vill aot be undertaken iD flood haaard areu . Executive Order 11911, Floodplai n Manaa-n t , Kay 24, 1977 (4 2 PI 26951 1t a1q .) Executive Orde r 11 990, Pr otec t i on o f Wet lando , Ma J 24, 1977 (42 PI 2696\ 1t 11q.) Co utal Zon<t Men a aeMnt Act of 1972 06 USC 14$1 et uq.) late Drinkina W1tor Ac' of 1974 (42 UIC 201, 300 (f) It a1q., and 21 UIC 349) u ... Rded, prohibld"' r • c-HMnt of Pe<teul tinanclot aoalet 1nco for IDJ project vhlch .. , cent .. iaate an 1q~ ftr which u tile oole or prlnc pal •ri I veter aO\Irce for II\ ara1. at aeq,) u ,., • ..l ., , .... • I • • • • 19. Monitoring and Evaluation. The State will monitor and ev,alu.1te t he Contrac t with the Contractor under the CDSC program. The Contract will be monitored for comp 1 iance with the ru lea, reau lat ion a, requi re1nenta and guideline• which the State haa promul&ated or may promulgate and will be monitored periodically dur in& the operation of the project and upon ita comp let ion. The Contract will alao be aubject to monitoring and evaluation by the U.S. Department of Houa ina and Urban Development. The Coot r ;~c t wi 11 be evaluated to gauge ita irupact upon l ov-and IIOderate-incouae reaid enta of the c ommunity, 1luma or blighted areaa, or ot her ura;ent need condition• and for the effective and efficient utilization of CDBC funda. 20. Severabilitx. To the extent that thia Contract •ay be executed and performance of the obliaatione of the partie• uy be accoaapliahed within the intent of the Contract, the tenat of thia Contract are aeverable, and eh ould any tem or provieion hereof be declared invalid or becorae inoperetive for any rea1on, 1uch invalidity or failure ehall n'lt affect the validity of any other tana or proviaion hereof. The waiver of any breach of a tena hereof ahall not be con1trued •• waiver of any other tena. 21, Bindina on Succeaa ora. Except •• herein otherwiae provided, th ie aar••••nt ehall inure to the benefit of and be bindina upon the part iee, or any aubc.ontractore hereto, and their reapective eucce11ora and •••ia:ne. 22.. Sublettins, Aa1isn11ent or Tren afa r. Neither party nor any 1ubcontractora hereto ••Y aublat, tall, traaafar, •••ian or otharwiae d i epoae of thie Contract or any portion thereo f, or of ita riahta, title, intereat or dutiee therein, without the prior wr itten conaent of the other party. No aubcontract or tranefer of Contract ahall in any caaa relaa1e the Contractor of liability under thie Contract. 23. Minority luoineu !nterprioe Partielpation. It ie the policy of the State of Colorado that •inority buaineaa eaterpr-ieea ahall have the .. x.i•u• pruticable opportunity to participate io the perfo.,..nce of ito conotruction arant contracta. The Contractor aar••• to uae ita beet effort• to carry out thh policy to the fullut extent pract icable and eonohtent with the efficient perfo ... nce of thh contract . Ao uoed in thh contract, the teno .. •inority buaineaa eaterpriae" Mana • buaia•••• at leeat '0 percent of vhicb h owned by aioority aroup aeabero or, in the cue of publicly owned buoineuu, at leeot '1 percent of the otock of which h owned by ainority aroup .... era. for the purpoou of tbh definition, ainority aroup aeabero are Mearoee or llack Mericana, Spaniah-apeakina AINricana, Aaian A.eri.cana, Aaerican Indieno , Aaerican hkbooo end Aaerieeo Aleuto. The Contractor uy rely on vritten repreeentationa by biddara, contrectora. and aubcontractora reaardioa their otatuo u ainorlty buolneu enterprloeo and need not conduct a11 lnde,.ndeat lovutlaation. 24. The Contractor hu prevlouoly ola,..4 a a "Appllc:ant ltot-nt of Au11raacu a114 C:.rtitlc:atlon" vb ic:lo II hereby l~~eorpo roted and -· a part of thh coetract by refere nce. U. "wv-ltoe-" a 114 "aod era te-i~~e-• ,.uoao ano defined, for tho p11rpo o., of thh c:oanact, u thooe ,.., • ano ...... ., of "l...,..lac -" en4 "aoderete-IIC-" ""'ehel4o u ••t fortlo 1a the etuc o4 lahiloot 1 . p • • • • • ,. • SPF.CI.\L PIIOVJSIOSS CO'iTIIOJ.LER ·s .\I'PIIOHL I Thh contract WI! nne bl: tk.:m~o'd \;alki unt•ln ~ .. 11 h:l\c been appro~~..'L! by the C omrull~r lJfth.: Sto~t~· ,,, l.'ul.u..Ju ••r 'u~h oi.'•M ~t.tnt .h he rT\.1\ ~tSI~n;&tt Thh pmvt~wn 1~ apph~·;abh: to :any contr.aet tnvolvin¥ lhc p;aymcnc ul mo~~ b) It~ ~wtc n:~o AV\ILAUILIT\' 1 Fm:mc"'l obhg:~t!OtU '-" ~ Swk: pa~.Jbk: .~11cr the ~o'\II'TI.'I'It ft~GI )c;.ar :m: conun,crv: upon fundi r,>rtJt..t pul"fl'J'W ~'"~ .tPftn'pn.lt.~l b.J.J~.:t~.'\.1 ,u-..J UII~NI!IoC nw.k :,~w•l.ablt.: BOSO REQl:IRE.\IE.~I J lith" l"Mtrxt in,·~>lw.s the ~yment of mt.Kc l~n lift)' thol.ls.und tk>ll:ars for the cotblruL"Uon. trt'\.II•Nl. n:p.ur m.um~·l\.ln..-.• ur unprov~nwna u( any bu•li.ltn¥. ~. bnllj:lo!. v~t. tun~l . c,~o·:.vo~uun ur other publM: v.ork fur tlu~ St;tt-.". Ilk! \'OIIIr-'ltnr -.IMII. bcf01c tntcnna~ upon the pcrforn~nct o( ::Ill)' )uch ~o~.·ork Included tn thiS conttkf. duly cucutc ;md tkhn:r tu .ai'IIJ fil.: 'With 11...-otlkLo~l ,. ho1C i!Jtunlre appun be low for lik: Sta,tc, a •ood 01nd 14.1ff.cacrw: bond or other lc:ttpbblc surety h> be ilPJ)rQ\"t'\J b) sor.k.l ufli.:;t,~) m .. Pl!"-'1 ium not ki\ th:ul oot-1\0l.lf or the KK.aiiUOOUnt p:l)"llble by tho: 1emu of this contr.ac:a . Such bond .. twll b..: Jul~ L'\ .. -..:ut~·\1 b~ .l ~U:IItf~ C'UC'pC)rlltt ~Uret). CundtttOntd for the d~ llnd f:u&ftful perfotm:t.niX of r.bc C'OnlriCI, llnl.l tn :addiiMln. :J\.111 rr11\ 1\J;.: th.tt tf ~ t'Ontr.tC10r or hi, Wbi."'nntitCUVS f:all '0 duly pi) few In)' labor, NttnaJS, team hare , WliCNintc, prG\ iltl>na., PfO\~O!Jo.lt tJt oth.:r •uppho u'tC:d or comwr.td by wch NnrDC1of' or h•• subcorwrxwr .a pnfOI'mlnCc of me wort contrxttd lO be done the :tur.:t~ \to til P-'> the urnc rn :an amoun1 not ~\C'ftdiRJlhc wm ip«lf.ed tn &he bund tovcther ... m tNrrnlllthc riltr of ct~;ht per c.:m rc.·r .. mnurn Unl~\\ \U~h bot~ ... ~ft w rcq\IUN, •• Uet:Uh.'IJ . tJ.:hwrC\J ~· ... ftkU . no d~tm '" r~WJJ ur the \Ufllf"AIUf .. fh!IIW lllll,kr \.hi ' ..... n r.~• shall b!: ;uxhted, allowed or p:ud A c:entf~ or ~acr's ch«ll or 1 bank money oNcr made paylblt: tu lhc Trc~M~t\'r 111 ttk' ~l..tt .: of Cotor:ldu IN)' be xttp&ed Ill ~IU of I bond. \IINI~IU\1 WAGE -l . bc ... pt ;&.1 Olh<tr'WiR prorided b)' l:a .... r lhb ('Oft lfiKI pro--Min ror lht pa)'menc or mar~ Ch..tn fht thmh.UUJ dolbnond ttqui~s or lnHJhts lhe ttnplo)mcnt of labo r~" or mtchanks In rhc conslrucriun. allrroat iun ur r~p.atr uf :my buihlinj ur uchtr public wurt.., 'nC'rpc hijhw;,y\. htjlh'lllo"Y brid&<f:t . undrrpa.btli ;and hiah'lllo") ~lru~ lllh'~ uf .til ~nds) within lhr .:ruJr3phiC'olllmlh of th Scale . thr nrr ur w;aar for alllabottn :and mrchunk'~ cmplu)..-d h~ lhr contr:»ctor or :any subconltxlor on chr: bu"dll1J or publtc wurk co~errd by th11 contrxl dt:ill h nul lr~ th .. n !Itt:' prn:ailina nut of woan fur ••.utr. or 1 simil1r uhue an tiM city , town, ~ilia,. or orher ci¥il subdh,"ion of th~ St.alr 111 VJhkh tM buildina or other public wurk lsloat~. Diapuln rHpKiina prtWllilina r.lth v.ill tw ~JOh~d "'ptu\td~iJ 111 ¥·16·101 . CRS 1973, :a~ amendril DISCRI~IINATION AND AFFIRMATIVE ACTION ' The Contrxlor III'ICI Mt comply Wrlth 1ht au and lpiOC of lhc Cokwldo Anttdttcnnunauon Act nf 19S7 ,, :tmcndN and ocher appl~ llw rapK1.U\I chtcf'ltn&Nl.-lftd unlat.r ~nwnl prliC'U(a (14-l'-101, CRS 197 g ~uppkn'K'nU :.nd .. ) rtqulr.d byE,..,,_,.,. Onior, EA;IIII ()ppomonoy llld Al!lnnau•oAa..,,-Apnii6,197S .PV,._. llwmo. 11wt follov>•fll ,.,,.,. Mlftl IIWI bt conuuJ«< m Ml Scak C'OnCIK'IJ 01 JUb..cuntram OurinJ the pc:rfunnance uf lhii: cunlrxt, the conlrxlur ·~., a.s full ow"~ CO Thw cunlr-xrur Will not ducrimin:uc apanst any •mplo)" or applk:m1 for tmplu)nwnl bt:"o..-:au"" ur t'Xf, trwd. rulur, n:a1 on31 on~~AR . It\ manlal slttus, rt:hajoet .~«ttlry , nwnlal or ph)wc.., handl\':lp or t 11M C'Onlrxtor will I-t a(flrm live Kllon to ll\tul1" lhat appbtanll 1ft tmplu)"~. and lh~l tmpiO)"~o'f'Oo :lrt lroaed durin& etnpluymtnt. wuhouc l'tprd lo d•• abuve lntnbor.d ch~rxlt nsbe uch 'hun \h~l il'k.lud~. bu1 no1 be: limlltd lu lht fullowtna tmplo) men c. uparadina. dtmouon or tnn fer. m:Nhnwnl ur rec:rvJtmtnl achertiltnp , l:.y-offs '"' &cnnuaah'"''· r.un of pay or u&htr rurm~ o( rompt-n~hoA , and wit\ hul\ for crainina. indudma lppr.nhctlhtp 1M conttxtor ......, to pott tn ronsptevwt placn '' ~\lablr ro H'lpiO)ftt and .phtatU' for tl'l\piO)'mtnt. ftOtfll"n Co 1M prondfll b) lht \.ODII"klii'IJ urr~tr letllllj furlh pro•btoM of thtt tto.ddenmtn"-''ft dtu• (J) Tho ronltll<lvr -~•. lrl II •lolloM Of od .. rt ... _b for t .. pk>)HI ploc•d lw or •• b<hJf of lht OftlJ"aUIH'. tlllt lho11 all 1f..cf apP'Aittls will N«tV. om.dt-tah" for C'lnpl8) ... nl ._11 flw1 r, ... ," lol net, rwed.. celw. Uho•~ , W\, Nntll U.)ht "'••ott· ..-atry, mtntJier pa.~ 411 h""• p Of (l) nw-.: •traciw • ""d "• ,.. bbw ""'• o.. rtpN~ttnwne or "•••-. tell •·r .. IW'I ..,.._,,., .., .. hu CAftlrart -.r wndrnundi a ,.., • I k '"'" .ch' tk laM.r Vlt.IM. W ._ "'P,......UII•c •f.. ll'al.lOfl ''""""'ll....m .. O.O.r E o,..n I)' 1A4 Af, uoo. "co4 pn116, lt7S, o del tk n.l ..... 1 Orcltn vi c;.,. _, • I . - ' • • • (7) In tht event ur rloje cnntr:ac:ror's non-cumpli:ance wirh the non·di.scrimin:uion cl:~uHs or thi'l contnct or wilh :my uf such rules . rtJUlations, or orders, rhis conrrxt may be c:~ncelled , rcnn •u :arcd or suspcndc~ in whole or In p:.rt and the contractor may be dtclud ineliJibte for further State contrKIS 10 :accord ance wuh procedures, :authuriud in Eucutin Order, £qual Opportunity :uuJ Affirmative Act1un uf ApnJ 16, 19 7S :and the rules, ~JUiations . or orden promulpted in xcordance therewhh , and such other sanctions ;u m:ay bt impuM'd :md remedies al; may be invoked 21 prov1d.:d in E;cttutive Onlcr, E'lu ;d OJ1pununily outd ,\Hirm .. r•'c Action of April 16, 1975. or by rules, reauh•t io ns. or ordets promul~tetl in .xcord:anct therewHh , or u otherwise provided by law. (8) The contr:accor will include the provisions or paraaraphs (I) throu&h (H) in tvcry su~contrac:t and sub-conti"Kior purchase ordtr unlns u.cmpted by Nits, reaulations. or orden iaued pursuant to E ncutin Order, Equal Oppartunity and Affirrn.ati" Action of April 16, 197S,su thctr such pruvisions-UI be blnd.ina upon tkh Jub-contrector or vendor. The contractor will take such action with respect to any sub-conrractin a or pwcha• ordtr u the contraclina aprw:y may direct , 11 ~ mtons or enforc:ina such pruviiiuns. lnc:ludinJ unc:lioftl for non-compliance : provided, howner, lhat in che ewnc the contractor beconws Involved In, or is &hrutcned wilh,litiption with the subcontrKtor or wendor as a re:wh ort«h dirwetion by the contrxCinJ lltftCY, &ht conu.ctor may requnc tht State or Cofonclo to enter ln10 IIK'h litiptlon lo protect the intrrnt or lht State of Color~o. COLORADO LAlOR PREFERENCE 6. I'Towloiotoo o( &.17 ·101. A 101 . CRS 1973 (O< prdorYnce or Colondo laboraroappliabl•ro duo conrratl l( publiC worlu wichin the Stact ~rt undtrtlk.tn hereuncltr and are fi~nctd in whole or in pari by Scace funds. CENERAL 7 The lawa of the SUitt of Colorado and ruin and rfaul~lion" isliUtd puDu:anl thereto shaiJ h applied in the Interpretation , tucution and tnforctment of lh is contracr . Any provision or this contract whether or nor intOtpUrlltd htnin by rtftranct which pruvidts for arbi1r11iun by any ucra.judicial body or person or wh ic:h ill olhenwiw In connict with uid bws, rulet and replacions lhall be coMidtrtd null and •oid. Norhint contauwd In 1ft)' promion incorporated htrein by rercnnct which purports to nrtpt• chis or any other sp«bl pro\'iJion In whole or •n part ihall bt nHd ur .-nforctab'-ur ouilahl• in any oction ar law whethtr by way or compl:a inc. dtftnte or othnwite. Any proviliun rtndtrtd nWI and void by lht oper:uion or chis provision will no1 in•ahdate the mnlhtder of this cunrract to lhe extent lhat the contrxr is capablfo uf uccutiun. I . The WJNioMI Mrtto aur that tllt'y an famiti~r •ich 18-S·lOI. tl 'C~ .. (Bribe-ry and ConYpt lnOuenctt) ind 11-1..,.01 . •t wq .. I Abuw uf Publk Offa ). C.R S. 1973 , ,_. atntndtd. :and ch~t no •tOI:alion of suclt pr<h'11iona b ,.... ... 9. The ilanatorte. :a•tr rhac lo rhtir knowl~tdat . nu .!ll:ttf' e•npluyflt h:.'i :any pcrwn~l ur benencial in lc:rnc "'hatiOt\tfl in rht .cf\'ict or property described hn1n. lN WITNESS WH£REOF , dw parties Mrttu have f'\ttuttd thK ArJHinfiH un lht day Ortt above wniCt n. ST .\TE OF COLORADO RII :H.-'HU II . LA \1\1 . (;0\ t:R .\OR GM~••---------------------------ly~.~L~.~L(~L~T~IV~~~D~IM~l~~~M.------------- '-'""' ____ .,...,_ ___________ _ OEP RT\IE T OF ------------------------- PP 0 LS 4TTU4l t¥Y.'UtAL UJ'fKOlllll •• • • • • • !XIIIIIT A lcope of lei'Vicee and Paeut Schedule I . • • • • • EN GLEWOOD Exhibit A 1 . Scope of Services (a) The Project consist& of providing Community Development Block Grant (CDB G) funds to the Contractor for the establishment of a revolving loan fund to encourage economic stabilization and job creation in the City of Englewood , ouch that: (l) CDBC funds will be used excluaively to create a revolving loa n f und. (2) Non-CDBG funds will finance adminiotrative coata, including neceaaary peraonnel, operating • .-nd travel expenaea. (3) The Contractor will leverage funda from local banks. Such funds a hall coaprioe the ujority of fundo available for thio Project. The loan fundo ahall be uaod by oull buainoueo located within the proocribed torsot area identified by the Contractor on the attached !Jthibit C (3200 -lfOO block of South Broadway). (4 ) Loon funda ohall ba udo available to buainooaaa within the City o f Enalevood'a approved taraet area, •• ahovn on Exhibit c, and loan racipianta ahall coaoait that at lout 80% of tbeir newly created paraanant jobo ohall be tilled by peraono of low-and moderato-income. (b) The followina apec ial conditione are uda hereby a part o f thia Sc ope o f Servtcee : (1) CDBC fundo ohall ba uaed to levaroae funda provided by local finan c ial inotttutiona . n.o CDBC contribution to tho prograa ohall no t aacaad $1SO,OOO. n.a Contractor ahall ba raaponaibla for inourina tha t at laaot $1SO,OOO tr011 other fundina aourc aa, includina private aoniea and other State and Federal aranta, 1o c-ittad to thio Project. (2) A loan c011111ttaa ahall ba foraad which 1a duly ropreoentativa of the intaraato of the taraat oraa buainaoo c .... unity, the puticipattna landina inatitutiona, and the Contrac tor to aaouro that tho ultina o f loana h a cOIIpatitha procooo end 1o in oubotantial confocunca with the Procur ... nt Standorda, Stoto of Colorado, Local Covarnaon t rtnancial Kanaa ... ot Manual (horolnaftar •rsnanc tal Kanaa•••n t Manual "), toc orpoca t od by roforanc o. (l) l otacaat rato a c haraad to local bo er ro f or tho uoa o f CDBC fundo are t o ba oa t 1>7 the loan c .... ittae, bu t h no e va nt a 11 ba ar .. tor tbao t t o c"rroot Denver priao rata lou tvo pauant (1%), oac1u4i aoy procaaoh or o a rvica tl c a ta u.t o tlo bore .. _. by t a Coot rae tor, (4 ) Al l loaJI a pplico Uooa aubat tted for lopro•-•u te pr partieo loeoud ill t a dell ated tloodplah, •• a oa 1-. tlltr r;, •~•t ba rnta 4 e nd re tiv t prtor approval ot t lute, f a uord a v hh uth Orolor 1)04, Oct bor 1, 1 71 , ' -0 • -• • • as of ita effective date. Any auch agreement between the Contractor and any other third party shall deacribe the joint obligations and responsibiliti es o each party in the implemention of thia Project, (d) The Contractor may require that any borrower of CDBG funds, including those firms for which COBC funds are made available to guarantee their loan s or provide them with an interest subsidy. shall hire for the term of the l oa n or any part thereof and at the expense of the borrower: (1) an expert, consultant or profeaatonal engineer to advise the borrower and the Contractor reaardina tho borrower 1 s use of CDOC nnd other Project fund a; (2) unagemeot advice and legal counael to aaatat the borrower in hio/her uae of CDBG and other Project funds. (e) The allowance above stated ahall in no way raaove the responsibility of the Contractor to monitor any aubcontractora •• required by thl11 Contr4ct or as required by the Financial Hanaae•ent Manual. cited above. (f) Copiu of any and all contracta, includina a copy of any aervice aareemen between the Contractor and any and all aubcontractora, entered into by the Contractor in order to acc011pliah thia Project ahall ba submitted to the St at • upon execution and any and all c.ontracta entered into by the Contractor or an of ita aubcontractora ahall coaply wiht all applicable Federal and Colorad o State lawo and ohall be aovernad by tha lava of the State of Colorado notwithotanding provioiono therein to the contrary. 2. Tiae of Parfor.anca (a) Tha Project ohall c-nca upon axacution of thia Contract. (b) The Project ahall be c011platad within a1&htean (18) aontho of Contract aucution or when one hundred percent (1001) of the CDBC fundo have baan aoaianad, obliaatad, drawn down, uoad aa a auarantaa or uoad to provide a n intaraat auba1dy 1ft a aannar conoiatant with "l, Scope of Sarvicaa•, vbichav e o occura firat. (c) Wharaao thio Project ...... uoe of a ravolvina loan fund, loan auarantee o intareot ouba1dy, at leaot fort7 percent (4Dl) of CDBC aoolotad loano by dollar ulue ehall be c._ittad in writina within nine (9) aontho or the ellecution of thio Contract. Tha Contractor ahall duonotrata evidence of loa o c-ittaeota for tha r-inin& aaount of the CDBC funda no later than fiftee n (15) -tha froa Project c-ac-nt. 3. ludaat (a)UVEIIUI c-atty Davalopaent aloclt Grant ruilda Coatractor rundo TOTAL lnohl u ,000 h ~. aut,tn auo,ooo 11 att ,., -0 nso,ooo 19.923 $1 69.923 lSO,OOO U6t,U3 1 Ptl Ue flu lal inu lr u t l tl ot r 1Ue4 I• Part X, Cu t Payu r,.ru .. ~1 r tera I • - ( ( • • • (b) Where CDBG funds are required for property rehabiHtation , such funds may be made available by the State on either an escrow or lump aura ba sis in advance of reimburaeablc expenditures havins occurred. Such disbursements shall be subject to Part X, Grant Payment Rct(ulro•nl!uts . Flnonclul M<ln nut!mcnl Manual, incorporated by reference. Howsoever. COBG funds shall be made "8"'V&V&ii"ble on an escrow or lump au• basis for property rehabilitation only in the event that the Contractor eatabliahea a rehabilitation fund in a private financial institution or an escrow account. (c) During the term of this Contract ahould the Contractor receive repayment of any CDBG funda loaned, whether principal or intereot pay11enta thereto, the Contractor ahall reduce the amount of the aubaequent reiaburaem.ent request to the State by auch aa~ount. 5. Contuct Honitorina (a) The Dapart .. nt of Local Affaira, Divhion of CO&IIIerce and Development, vill •onitor thia Project on an aa needed baaia, but not leas than one time par quarter. (b) The Water Conaervatioo Board v111 aao1ot the Oiv1aion of Couerce and Davalopooent in 80nitorina th1a project in order to enaure compliance with lxecutiva Order 8504. 6. leportina lchadula (a) The Contractor ahall aubait quarterly financial and narrative atatuo raporto by each budaatary line itaa •• detailed in "3. Budaet• or in areatar datall •• appropriate to the Project w>dartaken within 30 daya of the end of each calendar quarter. (b) Financial raporta ahall docuaant all Project aopandituraa on an accrual bali a, purauant to Part VIII, Pinanc1al leport1na lequira .. nta, Financial llana&aMnt Manual, cited above. (c) llerrat1va atatua report& ohall clata11 Project proaraaa by proara-t1c objact1vu in oufficiant detail u to &iva the State an accurate rapraoaotat1on of Project act1vit1aa, hauao, problno and aolut1ona, purouan t to Part II, Honitorina and leporttna of Proaraa Parforaance, Financial Maua-at Manual, cited above. (cl) lho..ll tha State r&<~uira additional t1naac:ial or oarrat1va detail lleycmd tllat 1D1t1ally aubalttad by the Contractor, tha Contractor &hall oupply auch detail w1tbi a 30 dayo of tha ltata'a vritt&ll r&<~uaat for ouch dota1l . (a) The final parfor .. oea report ahall be on a foraat and cover auch itaaa u a hall IMo acceptable to tha State. CD Applic a loa II' -0)1 • I • • - • • • .. • l3' STATE PLANNHlG AND 11ANAGEMENT DISTRICTS • .. .. • .. .. t C\.1 ----. j ._ .---.,.-.~-.. .. .. ~ • • I· I ... ~._ J ~ il ~ : .. ' .: u a ; • EXIIIBIT B 0 . w .. 0 .. ... :s u 0 .. .. .. , • • MUliUI IIICDII!S fOR "LOit-IJOH!" AND ''lllllUATE-IN<:!»E" IDJSt:lkJLDS 1'01 111! COLOaADO CDIG PIOCIAN fOR FISCAL 1983 Dl !!!!s.L!. Low u.c-,. 5,1Sl ,. f,617 ,. 7,523 I • 1,359 I • 1,111 ., • ,,.03 I • 9,926 I $10,.48 Nooterate ._ • !1,.162 10,69!1 12,0.16 13,37. 14,209 l5,a.5 15,811 16,717 -!.!.!!!!..! Low 111C-,. 6,!160 I 7,95~ I 1,,., I ,,,.3 I 10,56. I 11,186 I 11,107 I 12,.29 ntei-U1 ,1.16 ll, 727 H,lll : 15,909 16,903 17,197 18,192 '19,886 !.!!!!.L! • Low l~~ea. • 1,257 11, • .16 10,616 11,795 12,533 13,270 14,007 14.744 NNon~i-$U,2U U,095 16,916 11,173 20,052 21,232 22,411 23,591 .. Dl~ I · Low·-$ 6,551 7,.96 1,413 !1,3i0 1 ,956 10,541 11,127 11,712 • • nt••-U0,4t4 11,!1!14 13,493 14,992 15,92!1 16,166 17,103 18,740 $ 5,121 6,661 7,493 1,326 1,146 9,367 9,887 10,407 • ',325 10,657 11,91t 13,322 14,154 H,917 15,819 16,652 ~ a.-iac-•• ,1153 5,661 6,361 7,076 7,511 7,960 8,403 8,845 loloolnaut~ • 7,!125 !1,057 10,119 11,322 12,029 12,737 13,444 14,152 Dhtric!..l J~COM" s 6,116 I 7,069 I 7,953 I 1,136 I 9,389 I 9,941 I 10 ,493 I ll,046 r .L ., inc-$ 9,197 11,311 12,725 14. 131 15,022 15,906 16 ,_789 17,673 - -• • • • • • NAXUIJI INCON!S FOR "Ullt-INCCU!" AND "~OE RATE -IN C!»IE" IXJUS I~IO LDS FOR nil! CCLOIWIO CDIC PROGIWI FOR FISCAL l 98 J Dis trict I rson s Low iaco110 $ 5,151 • «;,617 $ 7,523 • 1,359 ••.• u ' $ 11 ,403 • 1,926 $10,448 Nodo r.a to lnco .. $ 11,.162 10,69S 12,0.16 U,l74 14,209 15,045 15,111 16 ,7 17 llist rlc t 2 Low lnco.e $ 6,960 7,115~ 1,1141 11 ,1143 10,564 11,186 11,107 12,429 ND.Jora t o luc.,.. $11,1.16 12,72 7 14,311 15,909 16,903 17,197 11,192 '19,88 6 llls t Tic t l • • 1 ,25 7 11,4 .16 10,616 11,7115 12 ,533 13,270 14,007 14 .744 I $1l ,2 11 1! ,OilS 16,116 11,173 20,052 2 1,232 22,411 23,591 ... Dhtr Ct 4 Low hac • •.sst 7,4 6 1 ,4ll 1 ,3i0 1 ,956 10 ,54 1 11,127 11,712 rate 11\4"-U 0,4t4 11,"4 ll,4tl 14 ,tt2 15 ,121 16,166 17,103 11,740 • 1,121 6,661 7,4ts 1 ,326 1,146 1,367 t,l17 10,407 • I,UI 10 ,6$7 11,1 U,l22 14,154 14,1117 1S,IIt 16, 52 '4, S,661 7 ,076 7,511 7,160 1 ,40l 1,145 . '· 1,057 U,JU a,ou 12. 7S7 1S,44 4 14,1$2 • '· 7,11 l 1 ,1 •• ' 1,141 J ,4U II, " -U,JII u,ns 14,1 IS, 1 t • 16,7 17,67) • • - • - 0 • NAXUUI liiX»IlS I:OR "LDif-JHilJII!u AHIJ "nllli:IIATll-J NCO~U!" IIOUS IJ IOWS FOR nE COLOIADO CDBC PJIOGRAN FQA FISCAL 1983 llousehold She litate nann!nc ~d J _ierson 2~nons l~TSIWII 4.J'<'TSIWIS l>bn •£••ent Dhtrictl 5_penon• 6~rsons 7 _J>ersons l+~rsons Distri c t I Low incoao $ 4,367 $ 4,11!11 $ 5,615 $ 6,235 $ 6,621 f 7,018 f 7,401 $ 7, 791 Mode rato i n c o~~e $ 6,!117 7,915 1,913 9,912 10,605 11,229 11,153 12 ,477 Oistrl c t 9 Low inco .. $ 6,D25 6 ,115 7,746 1,606 1,144 11,612 10,220 10 ,751 ~lo<lente i nc ... • 11,639 11,016 12,393 ·-13,770 14 ,631 15,492 16 ,35 2 17,213 . .. Dis t ric t 10 .. l.,w incoao $ 5 ,6 57 6 ,452 7 ,273 1 ,011 1,517 9 ,092 !1,597 10,102 •lo .J eroto Inc-f !1,051 10 ,344 11,637 12,930 ll,7U 14,547 15 ,355 16,1~3 Dhtrlct 11 'I' ... Low I nc._ $ 7,2l1 1 ,264 9,297 10,330 10 ,t76 11,621 12,267 12,913 lolodo rat c lne<> .. $ U,570 13,223 14,176 16,_5211 17,562 11,5!15 1!1,621 20, 61 Dh trl ct 12 Low !nco-. • 1,274 t,4S6 10,631 l1,11t 12,551 13,217 14,036 14,774 Moderate inc-$ ll,UI JS,Ut 17,020 11,111 20,013 21,275 22,457 23 ,63 Olotrlct 1S low inco $ 6,012 6,162 7,132 1 ,702 t,246 •• 7!10 10,334 10 ,171 • ..,., r•to Inc-• t,747 u,u, 12,532 U,t24 14,714 15,664 16,53$ 17,40$ . • 6 NORTH • • • BROADWAY REHABILITATION PROGRAM • I•:X IIIIII'I' "C" I . . TAn T 1\n 1\ • • • I • • ORDINANCE NO.~---- SERIES OF 1983 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCEQ BY COUNCIL MEMBER £~ FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS, PROVIDING A GRANT TO THE CITY OF ENGLEWOOD IN THE AMOUNT OF $150,000 FOR THE ESTABLISHMENT OF A REVOLVING LOAN FUND TO ENCOURAGE ECONOMIC STA~ILIZATION AND JOB CREATION IN THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood has applied for and received a grant that would allow reduced interest rate loans to local businesses in the 3200-3500 Blocks of South Broadway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City of Englewood shall enter into an agreement wlth the State of Colorado, Department of Local Affa irs , CDBG Application No. 83-058, marked Exhibit A and incorporated herein by reference, such agreement consisting of nineteen (19) type written pages which generally provides as follows: A. The City shall administer the grant in accordance with the State of Colorado Local Government Financial Management Manual dated June 1981. B. The grant funds will be used exclusively to create a revolving loan fund. The City will leverage funds with local bank funds to be used by small businesses in the 3200-3500 Blocks of South Broadway. Interest rates shall be no greater than the current Denver prime rate less two percent (2\) excluding any processing or service charged imposed. The loans shall be used for improvements in the structures in the 3200-3500 Blocks of South Broadway. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscrib his name to said agr ement for and in behalf of the City Council and the City ot Englewood, Colorado, and that the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Section 3. City Council hereby declares an emerg ncy it b ing necessary in order to obtain the funds and utilize the funds within the grant period. Introduced, re d n full, nd passed on fir t c ding on th 6th day of June, 1983. • • • • • • 1983. Published as a Bill for an Ordinance on the 8th day of June, 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 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 6th day of June, 1983. Gary R. Higbee • I • • • - hum #o•,\('·IJl.\ CONTRACT TliiS CONTRAC'r, m:ed t thh ___ day of 19 7_, ll y ;uuJ Ln:h"~:cn l ilt ~i •lt-of Culvr:uJo fur th e u~ ;nd llentfil of lht Dr pc.r tm t nt of '1 _L.<.,.u_., .. ,._J ~A""I~-~~Il~iur"'•t~-------- hucin:.ft tr rt ftrnd to u tht St:att , an d •a _.,.t,"h"'r'-"C""1 -"t¥-Y_...O._f_r.Jt'n~["-'luc"li"""''"-'r1L-___________ _ 'nHEREAS , :aulhority ulsts In tht Law :.nd Fu.nd1 hne bten budatttd, oappropri:He d an d othrwh~o mad e ;v:ail:a blt and a ,urficltnl unencumbered balonn· lhtrtvf rtmo lna available for payment in Fund Nl,m brr ___ , C/L Acco un t Nu mb., ___ , Contr:act Encumbrance Numbtr :and \V'H EREAS. rt~.tuirtd •ppro ... .:.l , cluranct and coordintlion hat bnn accompHahtd from and whb approprialt il .,cntiu : :.nfJ IIII£REAS, tho United Stat .. Govern11ont, throuah the Houo i na and Co-unity De v elopment Ac:t of 1974, Pub. L. No. 93-383, aa ... nded, haa oatabliahed a Co=wnity Dovolop•oat Bl oc:k Craat ("CDBG") proaraa and haa allowe d uch state to elect to ad11iniator auch federal funda for ita nonantit1uaant a r e u, •ubject to c:ertain cond i t i one, inc:lud i na a requiroaont that the state ' 1 pt'O&r o cu &i ve rao x i mwza fe a uible pr+ority tu acti.vit~ow which will be nw f it low- Dod modtt r£at•-income fuiliea or aid in the .prevention · or el i mination o f sll.uu o r bliaht; tho atato' 1 proara11 .. y a lao include ac:tivitioa doaisnod to moot oth er commuaity developaent aeeda havina a particular ursancy becauae e x iatLng conditione poao a aariou a throat to tho health or welfare of tho comaun ity where other financial reaourcea are not availablo to meet 1uch ne ed.u; a nd WIIEREAS, tho State of Colorado baa elected t o adminiator auc:h fed e r al fu n da for ita nonontitlo,.ont arua throuah tho Colorado Dopartaont o f Local Aff ai ra, Divl alon of Local Covornaont, Dlviaion of Comme rce and D e volop~ont and Diviaion of Kouaina , purauant to c.a .s. 1973, 24-32-106(1) (d), 24-32-304(2) (j) and 24-32-705(1) (i); and IIII£REAS, t h e Do partnlon t of Lo c:al Affa ire ("Dep artlllent") baa r eceind appli cat ion• frooa poli tical aubdivia iona in Colorado for a lloc:at iona fro,. tho fe d e ral CDBG fund a availoblo to Co lo r ado; and lll l£REAS , t ho Co nt ractor ia one of the olia ible po litica l a u bdiviaions to roc:~~v. CDIC funda ; ond IIII£REAS, the De partment o f Loc 1 Af faire hu approved tho proposed Project o f the Contrac tor ; ~ow TKt R!FO R! i t i a hereby a a r eed that• 1. Arua Covorod . Thv Contractor ahall parfona and accomp1hh all t he r.ec:eaaary vo rk a nd ae rvicea provided under thie Contract. •• do~;cribud in tho attached Exhibit A, which ia inc:orpor ted heroin and made part of thla Contract by reference, in connection with and c .. poctinu t ho follo11ing area•: 2. I opo of hrvlc: ln co a i.derat on t r thu OAunlu to b fro• the Stete. the Cont rwc.:.c.or 1h.1ll do, perror ... ~ud c.arry uuc., in u a tiafae.tory 1nd proper .• umer, •• dac.cuAi.n d t,y tho ~L1tv, .all wul" ull.', 11Lu II indicated in tl11 ''a. upe ot lurvico .. ,11 Itt urC.h U\ llh'l ,,lL.lClH'd I.Jl.lfll.lil A. har e naftor referred t a the "Prujwct." Wurk rfono d prior to th execution af this Contract oh 11 n t bo conoldered p~rt f thia Project. ) H)01.1014 • 1 .r.l.IL,,. I,~~tt. :r • • I • , • • - ',.,,~ .... ruci.t..~l.u~ .. u:e. 'l'lua Contract &hil1l becomu ctt e ctive upon proper executi on of this Contr.:Jct. Th e Project contomplattad heroin shall conunencc >&!J s oon os pra c ticable after tho execution of this Contract nnd s llnll be unr.Joctukcn ami perfoC'uu~d in tlu: ucquencc u~t furth in the~ "Tim!.! ul Perfonnance" in the atttlched Exhibit A. Expenaee incurred by the Contractor in associ ation with aaid Project prior to execution of this Con tr.1ct shall nut be eligible exponditurea. Furthermore, funda ahall not be obligated or utilized fo~ any activit i es requirina a reloaae of fundo by the St a te und er the Environmental Re vi e w Proceduroa. fur the CDUC proarnm o:al:. 2 lt Cl-'lt 1'o1 rt ~u. until such release ie iasuecl in wr iting. Administrat ive co!}t;t , rea~onab~e enaineerina an~ detian cotta, &nd coata of other exempt act1v~tiea 1dent1tied in 24 CFR 58.34 (a)(l) throuah (8) do not require a releaae of fund s by tho State . For cateaoricalty cxcludud activitieo listed in 56 .35 (a) dct<orminod to be exempt bec4~•• there are no circumlt4ncea which require co1opliance with any othor Federal lawa and authoritiaa cited at 58.5, the grantee must make and document 1uch a determination of exe~ption prior to incurrins co ata for ouch activitiu. The Contractor aarua that time ia of the uunce in the perfor'111&nco of ita obli&Ationa under thia Contract, and that completion of the Project shall occur no later than the teraination date aet forth iu the Tiu•c of Pe.rforraanco. 5. Componaation and Mothod of Paeant. The State agreu to pay to the Contractor, in. coneicleration fo ·r the vork aDd ••rvicea to ba perfor=ed, o total amouut cot to exceed One hundTed nnd fifty thousand ===:-==~~==-,-,.D ollara ti!5.Q.QOD ). Tho method and tia~e of pa)'lllant ahall ba 1110da in accordance Vfth the 11 Pa)'1Mnt Method" aet forth i n paraaraph 7. 6. Financial Kanaa•~•nt. At all time• fro• the effective dat e of thi s Contract until coaplation of thia Contract, the Contractor ahall COQply with the edaiuiatrative raq .. iraunta and coat priociplea aet forth in the "Block Crant Financial Kanaa•••nt" aaction of the ltete of Colorado, Lo cnl Covarnmant Financial Kana aaant Manuel (Juae 1981 aa oaandad and aupplemeote4 hereinafter Financial 1Y11aa-ot tc.nual"). 1. PaYMent Method. Unleaa otherviae provided i11 Exhibit A: a) the Contractor ahall periodically initiate all drawdolltl requuta by oubmlttina to the Department'• Controller • vritta11 raqueat uaina the State-provided form, for reimburaomant of actual and proper expenditure• of State CDBC fun~a p lu a an e1timation of funda needed for a reaaonablo .lenath of time. b) The State 1110y withhold any payaent if the Contrac or hao f:liled t o co~ply with the Financial Hanaaaaent Konual, proaraa obj octivaa, contractu~l tenaa or reportina Tequ.ireaaenta. -··· .. c) Within one hundred and ai&hty (180) daya after coaplatio11 of the project, the Contractor ahall requeat the final project payaent, which io the five (5) percent which will be wlthhald by the State until project completion, by aubaittina to the contract aollitor a fin al financial atatua roport on the atate fora provided in t he Finaacial Kaaaa ... ot Manual and e final proara-tic report in tho unDer and aethod preacribad by the State. 8. ~· e) Di cret on ry Aud l.t. The State, throu11h tho hocutivu Director of the Departaent of L4cal Affaire, tha State Aud itor, or any of their duly authorised raproaoatativu, lncludina an indopwndent Corttfl d Public Accountaot of the State'• chooai a. or the fadoral aover~a nt or any of ita properly dola&ated or authorload repraaentativaa ahall have tho riaht ro lnapact, uaaine, and aud it the Contractor' 1 (and any oubcontractur' a) rec:or4•. booka. account I 1 d ot r•l•v nt docuMDtt. Such dlac rut a. n t) aud t aay be raq"eated at any t and for any ••••on fro• the o(f ct v dat of tb a Contra c unt 1 t ve ()) yo ri after tl•e date Unnl p~y ••It lor lh Project Ia received by tl•• Contra prov dad that the audit Ia por!ur durl 1 no .. al buainua h ura. b) Mandatory A it. Vhot er or n t the State call aud t u provided a bove, the Contractor ahall inclu a th Project funda in the annual a1o1d t d udlt report r qulr •d by lh Local Covar1111a nt Aud t Law, C.l. , 1tll, 29-1-601, !.£ a .,. h "d1 ahall a a 111ultana ualy au~• tted to the Dep rtaant ol l.o at "lhio ••\01 ti t Ita to Aud tor. Thuufur, the Co to a tor th 11 auppl~ thu II v~n I ut vi Local Affalrt with copt a of all orr• pu • ~• fru the ltata "u~ tgc r t •w to the relevant aud t rep rt. lf the au t rev• la vldcn•• I io n ,. • -of .1.2. , ..... • ) I • • • - with opplicable law, the Depart men t of Local Affair• reserves the right to institute compliance or other appropriate pr-oceedings notwithstanding any other judicial or adminiutrotive oction11 filed pursuant to C.H.~. 197), 29-1-607 or 29-1-608. 9. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authori&ation, expre11 or implied, to bind tho State to any agrcctutnta, eettlementa, liability or unclcr st:tndinc excep t as expreaaly aet fotth he:rein. 10, Per1onnel. The Contractor reapreaent1 that he haa, or will aecure ut his own expente, unless othwrviae etated in Exhibit A, oll pcruunnl!l, Lilt cmployeoa of the Contr.1ctor, nece&aary to perform tho work Gnll ~crvicc s required to be perfo=ed by the Contractor "a4er thil Contract. Such peraonnel may not be employee• of or hava any contractual relationehip with the State. All of the .. rvicu required here .. a4er will be perlonned by the Contractor or under hio oupervioion, and all peraonnel enaaaed in the work ohatl be f"lly qualified and ahdl be authoriud under State and local low to perform auc:h aervic:ea. 11. Suapano on. lf tha Contractor hila to comply with any contractual provi•ion, the State may, after notic.a to the Contractor, tuapend the contract and withhold further paYlllentl or prohibit the Co ntractor fro10 incunina additional obliaationt of c.ontractual funda 1 pendina corrective action by the Contractor or a daci1ion to tenainate in accordance with paraaraph 12 below. The State may datar11ina to allow ouch naceuny end proper coata whic h the Contrac tor could not raatonably avoid durina the period of euapenalon provLdod •uc.h co1t1 ware nec.aeaary and raaeonable for the conduct of the project. 12. Tanolnation. Thla contract •ay be ten~inated ea followe: a) Tenoination Due to Lou of Fundi~, The pertiu hereto uprouly racoaniaa that the Contractor ia to be pa1c!, reilllburaacl, or othaNiae compenaated vith federal CDBQ funda provided to the State for the purpoae of controctina for the aervlcu provided for heroin, end therefore, the Contractor axprualy underotendo end aareu that ell ito riaheo, deundo and claim• to coapanaation arieina under thi1 Contract are c.ontinaent upon rec&ipt of ouch fundo by the State. In the event that ouch fundo or any pert tharoof are not received by tho. State, the State .. y i•ediately terwinata or aiHnd thil Contract. b) Taraination for Cauaa, If, throuah any ceuae, the Contra tor ahall fail to fulfill in a tillely and proper aanner hie obliaationo under thia Contract, or if tha Contractor ahall violate any of the covenant&, aanementl, o•· otipulationo of thio Contract, the State •hall thereupon have tho riaht to terminate thh Contract for ceuaa by aivina vrittan notice to the Contractor of ouch tar11ination a nd 1pecifyina the affect he date thereof, at lout five (S) daya before the affective date of ouch tar11lnation. In that liVent, all flniahad or unflniahed ducu .. nto, data, otudiu, aurveya, dravinao, ~~apa, codeh, photoarephe, and reportt or other .. teriel praperad by tha Contractor under thia Contract ahall, at the option of the &toto, buco10a ita pr~perty, end the Contractor ohall be antitllll to receive juot and equitable co01penoat on for any aathfactory work co•pletad on lllCh doeuaonLa ond other uteri la. liotw tbatan Ln& the above, the Con t ra tor 1hall not be rel avo d ot liability to the State for any d ... au euatalnecl by tho State by virtue of ny braacl1 of tho Cont ract by tho Contractor, and tho St to ... y wit hhold any pay .. oto to t a Contractor for the purpooe of aetoff unul a ch ti •• th exact ~nt o f 4a aaa oua the ltate fr • tha Contr tor h deu,..i n d. c) Teo .I.!!, .. • tl•ereof • at L 4Uho lu l.h I. • 4 ""''"b u lla I • • • , • • • Contractor will be paid an amount which be'ara the sarue ratio to the total compensation aa tho services actually perforMed boar to the total s~rviceu of t he Colltractor covered by thia Contract, less pay1aenta of C01o.pcosutiun previously made: Provided, however, that if leas than sixty percent (60%) of the aervices covered by thia Contract have been perfonued upon the effective date of auch termination, tha Contractor ehall be reimbur1ed (in addition to the above payatent) for that portion of the actual out-of-pocket expenses (not othe rwise reimburaed under thi• Contract} incurred by the Contractor during ;:h e Contract period which ~re directly attributable to the uncompletcl.l portiuu of the aervicea covered by thie Con'tract. If thia Contract ia tenninated duo to the fa11lt of tho Contractor, Paraauph l2b heraof relative to termination shall apply. l3. Modification 11nd Amendment. a) Modification bv Operntion uf Law. Thio Contract u 111bjoct to 111ch a10dificationo ao IUY be raq11ind by chana•• in fodanl or ltato law or ra&\llationo. Any 111ch roq11ired modification ohall bo incorporated into and bo part of thia Contract u if fully oct forth herein. th~ Man .. ol if pro& remmat ic i) Tho contractor m111t o11boait a written roq11a1t to tho Doparta~ont and obtain prior written approval frooa tho lloparta&e nt 11ndor the follovina ci rcllllltoncu: .!• .!!.· S.· whe n the net &IUO\lnt of tranafera excee\l the oriainal buJM~t catoaory by fin (5) percent or Hvo Thouund llollaro (S5,000.00), whichever io aroator ; when any ~u4aet traaafera between conatruction ancl nonconatruction budaatary cotaaorioa ore propoood ; vhon tho ocopo or tho objective of tho Project chonau; vhon additional or lou State fund ina io noodod; vhon rovioiono involve tho tranofor of a11ounto budaotod for indirect cooto to aboorb incraaooo in direct cooto; end vhon rOYioiono pertain to tho addition of ite101 raquirina approval in accordance vith tho provioiono of the oubooction of tho Pinandal llana&oMnt Manual entitled "Coot Principlu." ill ln addition to tl>o foreaoiro~ pro:ed .. ra, prior approval for o11ch chanau ... ,t be authoriaod by tl>o ltato in an -n4oaont to thio contract properly oaocutod and approved in accord4nco with app licable lav 11nder tho follovina circua•toncu : vhon b11 aatary chanau ucood ton ( 10) percent of Lho total COQt'l'l t a.OYntt -· v on tho 1 o • or tho objective of th hojoct chon 1 tlllltuntlally, at dotoral.Md by tho Dtpart .. nt; and U!Miu t " !Mil n any addttiollll tate f11 II c r nt l ,..... t rial ae4 io Dt ad. ru>t • '• .... • • , • • • t:mbodt~:d in ,, writton c ontract u mt:n cJ m ~nt incorporatinc e uch ch;m uu.,, ~M ccut\.·d a nd a pp roved purauant to appl icoble law . 15 . R(p)rta. o) Financial Reports. The Contractor s h all su bmit to tbe State two 2 copiee of quarterly financial report• i.n the manner and met hod set forth in the Financial Management Manual. b) Progrmmna tic Re port i. Unle&a oth~rwiee 4¥rcecJ to in l::xhi Uit A, t he Cont ractor shall &ubmit to the State twa (2) copies of quarterly prograllUllati c reporta anci of 1 final proaraanatic report in a manner and method to be preacribed by the State. 16. lnd~m nification. Contra c tor, in conaideratiun for Stnto 's promisctt herein aot forth, prooaiou to indooanify, oavo and hold harmlou and defend State, and all of ito amployeu and aaanto, actina officially or otherwise, from any and all liability, claimo, de~~~&ndo, actiono, debta and attorney feeo ariaina out of, claimed on account of, or in any aanner predicated upon loav or darnaae to the property of and injuriea to, or death of all peraon&J whataoever. which may occur, or ia auatained in connection with the performance of thia Contract, or by conditione created thereby, or bnted upon any violation of any atatute 1 ordinance, or reaulation, and the dofonae of Any 1uch claim• or actiona. 17. Conflict of lnteraot. a) No eaaployoo, officer or aaont of the Contractor ohall parti.cipete i n the &election, or in the award or adainietration of a contract i.f .~ conflict of intereat, real or apparent, would be involved. The Contractor'• officera, employee• or aaente ahall neither aolici t no r accept aratuitiet, favora or anythiq of .onet&l")' value froca contractora, potential contractora, Ol' pat'tiea to aubaat'eemtnte. b) No employee of tho Contractor ahall porfona or provida part-t i Dlo eervicee for compeneation, aonetaTy or otherviee, to a conaultant or cono .. ltant fino that haa been rotebed by tho contractor "ndor tho a"thority of thia Contract. c) The Contractor aareu that no poroon at any tiae .. erchina any f"nction or reaponaibility in connection with thio Project on be h al f of t h e Contractor ahall have or &C'IIliro any poraonal financial or econo11ic interut, direct or indirect, which vill be aatorially affected by thio Contract, oacept to tho oatont that he aay rec d vo compen1ation for h i• perfor8&nce put'euant to thie Contr•c t. d) A poroonal fi nancial nr e c onoaic intereot incllldo o , bllt ia not liaited to a e) i) a ny ~uo l n ou ent i ty in wh ich tho penon h01 a diroot oc indirect eonetary in eereat ; ii) any real property in which the penon hoo o d lroct or ind i rec t eon•tary int•reat ; li i) any oour e of incooat , l oano , or a if ta recoind by or proahad t o the penon wi t hin twelve ( 12) liOn tho prior to t he exec 11 tioa date of t h h Coat r c t ; v) a ny b111lae • thy in which t 1 p roan lo a daector, otticar, a ene ra l o r I a ted part tr, tr~~nee, ployoo, or ho14a any poaltto of aaneaeMIIt. , • ..1 , •• • I • • , • f) • • - ln th ,: ~.:vent .1 conflict of intccc!ft, ol D daecriUud i n thi s pu r .•t~r ~ph 1eventean, cannot be avoided without fruetratinK the purposes of this Contract . the pe ruon involved in such a conflict of iz1tcrt:s t ~llnl l submit to t he Contractor and the State a full diaclosure stateme n t aettins forth the detail• of auch conflict of intere st. In case5 o f extreme and unacceptable conflict• of intereet, aa dete rmined by t hl! State, t he St a te re s erve a t he r i aht to terminate the Contract for c ~use, aa provide~ in p~ragruph twelvu above. Failure t o f i l e~ d1.aclosure atatement required by th i a paragraph aeventeen lihall conatitute around• for termina tion of thi1 Contract for cau se by the State. 16 . Cocn pliance wit h App licable Laws. At all time¥ during the porfunna nc u of thia Contract, tho Contractor and any aubcontracton ahall atrictly adhere to all applicable fodoral and otato lawa, ordora, and all applicable atanc1ards, reaulations, interpretation• or auiclalin•• iaaued pursuant thereto. Tho applicable hdoral lawa and reaulationa include : a) Ti tle VI of tho Civil Riahto Act of 1964 (Pub. L. 88-352; 42 USC 2000 d ot ·aeq.), prohibitina diacrimination on the boaia of roc c 1 color , or national oriain in any p roaraca or activity receivin& Fe deral financial aaa iatance. b) Title Vlll of t he Civil Right o Act of 1968 (Pub. L. 90-284; 4 2 USC 3601 ot ooq.), u aiHndocl, popularly knovn •• tho Fair 1\ou oina Act, prohibitina houaina cliacrimination on tho buio of raco, color, reli aion 1 aex, or national oriain, and requirins HUD to t~d mi.niut c r it a prog:r am a in D manner which Dffinaatively pro~aoto a fair houuin". c ) Executive Orclor 11063 0962) 1 u ... nclocl by lh<ocut i vo Order 12259, requinna oquol oportunity in houaina ond prohibitina dhcr ialination in tho ulo or rental of houaina built vith Focloral aooiatanco . d) Executivo Orclor 11246 (1965), u amended by lucut ivo Orden 11375 and uoa6, prohibitina cl i acdaination on tho buio of race, color, roliaion, ••• or national oriain in any phaoo of omploy•ont durin& tho porfon10oco of Fodoral or Fodorally-aaohtod conot ruction contracto in oxcooo of $2,000. o) and Co,...n t Dovo o aont Ac t of 1968 ( l2 usc l Ol u I .. OHndocl, prov d ... that I to t • aroatoot extent fo aaib lo, opportunitiu for tniniA& and eaploy1unt that arito throuah 1\UD-tina ncocl pro joct a, aha11 bo aivon to lowor-incoao poraono in tho unit of loc al aovo..-nt , an4 that contract• bo ovardocl to buainouoo located in tho unit of local aovor1110o nt or to buaineaooa ovnocl, in aubotantial part, by r oa icl onto of tho unit of local aoverNMat. f) (29 UIC 794), ao h) I) ••ndod, prov cl na thot no othorw oo qual ocl individual ahall , oololy by rouon of a handicap, bo oxcllodod frOll particl p•tl o n (inc lucl na eaplo y•ut), clenlod proan• boneHto or o ub J•• toJ to clioc rialaat ion und er a ny p roar• or a c t i vity r ecoivina F derol Cun ,. • ...l .t I • j) k) l) 11) n) o) p) q) r) •> t) II) v ) v ) • • • Davh-Bacon Fair Labor Standard• Act (40 USC 276a -276a-5) requiring that, on oll contraeta and 1ubcontracta which excoud $2,000 for Federally-aaaiated con•truction, alteration or rehabilitation, labonu and mechanic• employed by contractor& or oubcontuctora ahall be paid waa•• at ntao not leu than thooa pravailin& on oimilar conotruction in the locality ao daterained by the Secretory of Labor. (Thh requiromant oppliu to the nhabilitotion of reoidential property only it ouch property ia deoianed for uae of aiaht or 1110ra fa01iliu.) Contract Work Hours and Safet Stondardo Act of 1962 (40 USC 327 o t ••'I• raquuina that .. chanica and lAborau ••ployacl on hderally-auiltacl colltracu which aGaad $a,ooo be paid vaau of not leu than one and one-half tiau their buic vaae retu for all hours worked in exceu of aiaht in a calellllar day or forty in a work weak, whichever h araater. Copeland "Anti-Ki"back" 'Act of 1934 (40 USC 276 (c)) prohibitin~ and prucribilll penaltiu for 11 kickbacka" of waa•• in reduolly finoncod or auiltad COilltructioll activitiea. 966 ( 16 UIC 470 at uq,) u ~~;;~~~~T;~~~~~;r~~~t~be~;e;fect of • project on any dhtrict, aite, lluUdilllo atnact11re or oloject that to inclucled in or eliaibla for hcluaioa la tbe Jatio .. l leahter of Hhtoric Placu. of the Cultural •;urviU lt\V!S a\' :f 1tf; ( 16 UIC 469 et aeq.) •• -aded by the A_cheo __ lca_ a ac_rlcnae""cl" AfS ot lt74. Flood Diluter i!:ttctl99 Act '11!73 (42 UIC 4201 at aaq,), ao _,.. .. , req11h pvrc .. af 1 ... lu11raaca for cooanuctl.oa and acq11hldca projecu Ia apeclal n ... lluard areaa wue flood luuraaca h available, aed raq11lrl .. tllat 11alaaa flood laauranca h available, Pederallrautoted coaatnocdeo aDd acquhltlon work will aot be uDdertakaa ia floo4 llaaard •••••· e dad • .. Ut )1, ~4 Fll ... e ...1 ., •• I • - • • ( • • • • 19. Monitoring and Evaluation. The State will monitor and evaluate the Cont ract with the Contractor undor the CODC proarana. The Contruct will bu monitored for compliance wi.th tho rulea, rcgulationa, requirements nntl guidelines which the State haa pro111ulaated or may promulgate and will be monitored periodically durina the operation of the project and upon ita completion. The Controct will also be oubject to 1110nitoring and evaluotion by t h e U.S. Department of Houaina :md Urban Devolopmant. The Contr.'lct will be evalu ated to gauge its impact upon low-and ruoderate-incoUle residents of the community, alurua or bli&hted areaa, or other uraent need conditions and for the effective and efficient utilioation of CDJC fundo. 20. Severability. To tho extent that thia Contract "'"Y Uc executed aud performance of the obliaationa of tha partie• uy be acc010pliohad within the intent of the Contract, the ta .. o of thh Contract are uvarabla, and ohould any term or p~ovioion hereof be declared invalid or bacou inoperative for any rauon, ouch invalidity or failure ahall not affect the validity of any other te.,. or proviaion hereof. The waiver of any breach of a term hereof oholl not be conatruecl aa waiver or any other term. 21. Bindina on s~..~cceaaora. Except aa herein otberviee provided, thia aaru11ont ohall inure to the 'benefit of and be bindina upon the partiu, or any aubcontractora hereto, aDd their raapectiva 1\lC.caaaora and aaaiw,na. 22. lub ettin Alii n .. nt or Tranofar. llaithor party nor any oubcontracton ha~ato ••Y aub at, ull, t~aufar, auian or otharwioe diopooe of thio Cont~ect or any portion thereof, or of ito ~iahta, title, interoot or dutiea th•rain. without the prior written conaant of tho other party. No aubcontract or tranafar of Contract ahall in any caae ralaaao the Contractor of liability uliAiar tbil Contract. 23, It h the policy of tho State of Co orado that a rao~ ty "' nau aatal'pr ••• ahall have the uaill\111 practicable opport\lnity to participate in the parfor.aaea of ita conotruction arant contracto. Tba Cont~actor ear••• to uaa ita beat atforta to carry out thh policy to the fullaat extant p~acticabla anAl conahtant with tho afficiapt parfo,...nca of thil contract. Aa uaa<l in thia contract, tho tar. "ainodty buainau antorprha" uano • buoiMu, at laaot SO parcant of which il ownad by aioority aroup aaabaro or, in the cue of publicly ovned buoinau .. , at laaat 51 pucant of the atock of which il owned by aiaor1ty a~oup .. IIbera. lor the purpoaaa of tbh definition, ainority aroup uoaboro an Naaro .. or I lack t.aaricana, lpanhh-opaakill& "-ricuo, Aohn A.worlcan•, AMrican Indiano, AMTican hlti.>o anAl "-ric ... Alauto. Tho Contractor aay rely on written repraaantationa b7 bicldera. coatractora. and aubc.ontr&ctora raaardina their otatuo •• ainority buainou ntar,rilao and Mad not conduct on indapa••c iDveotiaation. 24. Tbo Contractor haa eravio111ly li&Dad an "Applicant ltatoaut of Auurancu and Certification which h hereby incorporate<~ anAl ucla a pare of thh contract by nfuanca. 25. "Lov-inc-" anAl "ao<l arata-iDC-" paraona are tloflnod, for Lho purpoa .. of thh contract, u tbooa panoaa wbo an aaal>an of "Iov-in o••" ancl "aodarata-incou" houoaho14o 11 aat forth in the attachod bhlblt 1 • ' . .. • - • • • • • SPF.CI .\L PKOVISIO:-iS UJ' I HUI .I.tJ('~ ,\l'I'KO\ \L I Th1.1 cnntr:u:t tJ~;~ll nul bl: UccnwG \'~I~ unultl ~"II ha\'C been gpprov\.'!J by Uw Contrull.:r ut th..: Stoo~t~ lll c;,,J,n"J u ••r ~udt .,~:n.~t.,~nt .I\ he m .~~ tJc•tlln.&l.: l"hh prnvh.tun '" ~tpplu.:01blc hJ any cuntnatt invnlvin¥ W p;l)'lncnt ul mon..>> b) th~ :rr.t.llr.: ~ F o~-n~~ .. l oblt,at aum .A Lit..: SL.I\1: p.1~ .abl~ o~ltc-r W ~o.·un~o"Tll ri!o!e.1l )C..r an: ~o.urua~cnl upun funu., Mr U1..1Jkll '"'~· 1-..:•tl}: "Pill•'l"' ,,,.,1 tJ .. i.lc-..'l~o.IJ ,u..J Ud~t~l~ fl'I....W oHol ll;d)k BO:-iO RfQl"IREME!\T 3 lltht\ ~ORir;iCIIR\\)1\.,:~ the p.a)'n\Cnt uf'II'IUfC' lh.&n lift)' lhw...nd ~ I')(Uf' lhc C~NI.,I\)0. t:ft\.UOO , n:p.u r. lll.!lllh:R,i.l~.; ur un pruvt:mcnt ur any ~ukJtn¥. r"'iaa . bl~ "'· v.._t, IWWI. C"''IY.tUUn lilt GG.r pub&~ "'Vfk fiH dn• Su.t..:. tl~ \'UtMf-1\lnr .J~o•ll. b(forc cnttnna upon W pcrformant~: o( ;n) "uch work '-"Cluckd ln Uua tONIKI. GWy '""'* antJ d..:h,..:r w atW file w1th d~o: \)lliuo~l v.ho~ .. ,rwr~~rc appun bllow for the SWe . a pJ ud wtrlritnt bo.d or Olblr ~ w.wty LUbe •pro\"N by l-0111.1 ullkr..~l 1n • P..:""l ~um not hm chom orw ·haU uf 1hl: wt..l amoyna pto~)·Uie by &hr.: lttml of thtl COMr.ttt. ~h WilLI !otl.lll b.: Jut) ~., .. ,ut~J b) J lljU:lltfltd urpor .. 1t "olftt)'. tundlttOncd fur lhe diu and f~fut perf~ Of lhl: tonlract , iWJ 1R -"khunn , \!1.dl J'f•l\ 11.1~ lh.ll 11 tt~e «Jntr•t"tor ur hit wb..ontr.KIOii roullO ~Niy pi) for any l.l.bur, maltnal,, tAtn hilt, ~CIIIIIII:C , pr~\i~.un.~o. tKu\\:lwJ&n "' ~~·-·r •uppltc~ u\Cd or ~Ort)l.lrr.td by "' h tuntrX\01' or ht.~o wbc:omraaor u. ~rfOI"mMM:t or lht work t"OO(r.atttd to b.: durw . th~ .u r~t) \1, 111 P"> 1M ..o~mt tn ~n ~mou"' not C.\N\.-.J m' the •\lm .p«i(Jtld 1n the. bund. qtdwr v.·ith irUrtllt at the r;nv of ttijhl J>~:r C",:nt per .. nnunt Unl~" \U~h bul~. "hl.:rr w '~'4\iUL"\l , ll \l&C\.UI\o'IJ , t.khYio"(t:\11&1-.i fik:". nQ \:loum in f.lVUf ur tiM: t,.IHMr.A'Iur :.n~om~ \ll llkl th l\ ~otlllf.t~ol Wll be •udu<:\1 , ~uo .. cd or p:."' A ccn,f!Cd or c:~Wucr'• rhctk or 1 tw&nk fT'IOfiC)' oNcr trude p;ynblc tv ll'k= Tt\'.l)I \J(~o'l u l th .. · .)'"''"' of Col o~u m.IJ' be KctP*f in leN or. bond. \11,111!:\1 W.o.CE -4 . E\c.:pl :.1 Ol h<trwbe prYvidt~ by l~w . tf lhb COAU;Kl pruvldft fur lh• payment of mort th.JU Ci\\' ththh.nu.l d•J IIl n ;md '"I"'"' "' lm uhn tht tmplvynwnt or lab4itren ur mechank• in tht C'OII,IfUCIIUII . alltnl lun Ul ft ji.Ut Ill •• ' bLu hJmi "'' ~1hrr fJUllh~ """'"'· lc'"P' h ~hw-•y•. h11l"~"Y LlmJat~. umlerp•~~• :uuJ luah""'"'} ,.,,,h t uh·~ "' .111 ... mohJ \loil hl n lh<t ~ti.IJ,nph•"al hrNh of th e SUit. lht rate 1.1f w a• for 06111aburtn and mcchan•~~~ entplu)~ll tn th t 1.1u1nC'lor "' any •ubco nu;,ctor on the b"iklina ur pt.tblk wurk towr.d by thi• conlr:ac:l Jlt:.ll bt nut lt>u th•n tht prh"a.lln nne or waan fur •urk gf I iUailar utuN in che dey. towa. "'U.. or olher civil iubdhblun ur I he St•l~ Ill \\oh~h dw build ita or olhtr publte wwk b located . lliipuln rfttJ'Kti,. pt"tYAilinl nt•' •ill tM r«M»htd .u ~ruHdcll1 11 II 16·101. CRS 1973 ." amcn~..d O I SCRI~Il:\ATIOo AI'<O AFFIRMATIVE ACTION S The <ontrx10f aa-10 tomplJ wtdt lito -utd .,.,. o( lito Colando AlllloltKtUIUIWI""' Aa n( IVS7. •• >mo:M-.1 afll o<htr 09hnblc law lfttlt<IIAf ~ IIIII ""'"' .......,_ ,.UC..IZ4 ·l<~Z . CRS 197 W >~~ppkont,.t . •nd., '"'""""'s .... u .. orG~r.Eq\III~NI)'...SAI!Innali"Aa""'·-""oii6.191S .,.,..,,.w,.,o.•lrcf<>l,..,rwpru•·•· ·--Oo«>tU;jlllft/lttiiiS..-.. .................. O"nn tht pcrfwnn nee ur thho cunlr...C:l, 'ht conlfaetur lilt• » ftAiuW\. (lj Tht er.~nUxl ... f Will nut t.liiCrirninale apin.ll all)' tmplo) .. Uf applkanl r~., tmptuynwu l l,n;6u ~ uf •~e . trnd. culw, Mllunal una.~n , N'4 , nunl.al •llhn., rth1Jwt ,IIKHifY ,Intntal ur ... •rw.::.l lum~lliJ . or·~ TlM eunlrKtor Will IM.t afnrmalne Khun lo intur9 &hat .,UC:a.tb .,. tmpluycd, and lin• I nnttlo) ~C" at~ lr•attd d\anua ••npluynwnl, ••lh&Nt re rd to &h• :ab<~vt mtntlvned cbarxterbli ~ Sue:h ~uun \11lll lk.lul-1"· ~Mot IIQI bo llo111td to dlo fllllo""'F ompjo) Nnl, wp.,..U..a. do,...llon. 01 lrall>fcr . 1 nutnwlll ur NCNilmtftl ad'ftrllwnp I ) ·wffl 11r WmunallfiiPI , '"'" r,( p;ay 0t ulhtr funn-of cum,.uaalum . •nd 'lil-t~" Ur.11' fvr '""""'" tnd11~" apprcnur t.hip lltt eCHIIr.K:IOf aaren lo pOll ln fDMpicuw.. pbu" a~;\J.,L;&r lu •m~o~lo)tfl Mil .,.,.a~ ••h fur tmpfuymenl, nolh.h lu IH pru\ilitd b)' lhe -:onl~hn urti .. tr ~um, lufllt pro>biem of ll11t ooa-4 ri,.; 011 d- __ .,_!_ • I • • • • • • (7) In lh cnnt uf ,._c conuactor's non·,~~JmpUanc:t wllh 1h1 non·~ilc:riminalion d:~uit's or thh contract or wilh 1ny or tuch rults, rtauJatlona, or orders. tbil COIIIIrKI ma~ be cancell~d . ltrvuu;ated ur suspc!HJc~ in wholt or in pari and the contnclor me)' bl dciard ineliaible for further Slate tontraco:n in xcord;'"ce wuh proctd"m, authon11d in EA.-culin ~r. Eqt.aal Opporh&Aity and Affirmatiw Acliun uf Apnl 16 , 197 S and lht Nits, rtpalalions. or orders pro.ulpllil in accon&M« therewith, and s..ch other sanc1ions ~ m;ay be impull'd and nmtditslll "''Y be invokH II P'Ovid.d in Euculi¥e Ortkr, EtJU:.l Oppurtuuity and \Uinn.thH: Action of April 16, 197S, or by na&n. rw.Utiou. Of ordtts prum~pled an xcurdanc~ ahcr~:wn h. or u odlorwilo ,..m4od by low. (I) The conlrKior will lndllclo dlo ,-or_.,.,., (I) lhrouall (M) in,,..,., ...O.conlrxl and sub-<OIIInc:cor pUidl-..., ..... oao..,IH by ruloo, ...... u ..... ur -.s ~,. ...... ceo E .. culi" o.o.r. E<!ual O,,.Cualcy IIMI A,._.... Aclloa ol A,ril 16, 1975 ,"' 11111 -a. pnowisloru will be binclina upoa -b IUHea-lar at ......... lloo ---.. IIIII -~ oclloa willa -110 aay •b-<OIIlnc:lin& or,....... ............. -... ..,.cy-.....•• -or aaroroina ~ ,....-., lndudina --r ......... _.._., ,....wM. ~-r .................... <OAIIWCIOr bocomosiowol .. d in, or is llamleao4 willa, lidpcioo wido CU IUbooiiiiOCiar at ......... I mull or 111Ch cliNe lion by dlo COAIIW<Iin& .... y. dlo <OIIIral:lor DIIY _. dlo s .... or c.r~.-10 IDler ..... suc:h lidplioro co p<OIKI dlo inleml or 1M lc010 or Colorado . COLORADO LAlOR PREFERENCE •· ...., .... or 1-17·101. t\ 102 . cu atn ror ,...._or C...,.loloor oro.,........ co c~~ .. concrxclr ,..blic -willoio lloollali&IW ___ ........ .,. ~lo-wln ,an by SUIO ruuds. CE.NERAL 7. Tbo lows or 1M Slllt ol C ..... arMI rol<• aro4 r•piolioo> a-..1 ,..,_,, ilwr<lo olooll 1Mr apploc~ on dlo ......,.... ... -.u.. ao4 ..,_, or lloil -· ,.., ,...._ el IIIIo .-t wlcosloo<., noc iMDtpo~WIM loorolo ~Y .. r-wfolc~ ,...... ror ..W...U.. lty aay oac,..judlriol ......,. w ,.,.. or wbich is ~ .. -'llct ...... ..w ................................................. Hecloiloa _..._. .. DllJ ...-................. "' ....._-,..,.... ...... dolo .... , •doer _.. ......... In -or lo ,an ..... w ..aic1 .., ... r.....w. ur ........, Ia MY octiooo et low wlcosloo< by way or •-plaine. •r-............. Aa, ,...... .................... by .... _ .... .,, .... ,...._ ................. . clw ......... ollllio -•o 111o ..... cchlcclw ... ~ra~:~ io..,..... oln-ciooo . .. Tloc ..... _ ....... "'" ..... tlloy .,. riMiloar Willi aa.a.lOI ... ""'" ( ....... , .... Corrupl lnnwncos) W la.&-101 . ot ~ .. (A-Ill r.wo: omc.t . C.R.S. ltU, • -· IIMI WI .. wielotioft or 141C1o _.._is ........ '· r~w ...,... ........ , .... , •• llooir k ... ......., ....... ,. ....,..,.. """ .. , .......... ~ocaoricill ,.,.,., ..... _ .......... ,_., ........ ........ IN WITNW WMIRIO,, llw ,arllft Mrolo "'" twclltM lllio "-••• "" clw .a., fi"' ..,,. wnleoo . IT ATE Of COLOIIADO KH~AKUILL4~~.GO\tRSOR COIIIroctw---------------ly 11 L&UVT1Yk DIMU:TIIfo, DEPARTitltiHT ~'*'--~~-----------------Df-------------------------- ~OVALS 47TUL'tYW UIAL -----------W laULI.U -------------- • • • • • . . • llOIIIIT A lcopt of ltrvicea tnd Pt!!!Dt lchtdYl t • • • • n • • - Exhibit A 1. Scope of Services (a) The Project consists of providing Community DevelopmenL Block Grant (CUUG) funds to the Contractor for the catobliuhmout of a ruvolvlnu; lotu\ fumJ Lo encourage economic utab1l1&atlon nnd job creation in the City of Englewood~ ouch that: (l) CDBG funds will be used excluaivdy to create a revolving loan fund, (2) Non-CDBC fund• will finance adllinistrotlvc co•tu, lncludi u~; neceuaary peraonnal, operatina, end travBl expenaea. (3) The Contractor will lavaraaa fW>d1 from local banks. Such funds ahall compriae the ujo'rity of fundi available for thio l'roject, The loan fundi ohall be uaad by aull buainauaa located within the pra1crib•d taraat area idantit1ad by the Contractor on the attached Exhibit C (3200-JfOO block of Iouth Broadway), (4) Loan funds 1hall be ude avdlablu to l>uwiuu .. eo wllhiu tlou Clly ol Enale~ood'a approved taraet area, aa ehovn on Exhibit C, and l oan racipientl 1hall ca.ait tbat at l1aat 80% of their newly created permanent job1 ahall be filled by per10n1 of low-and aoderate-lncome. (b) The followina 1pecial cooditionl are aada hereby a part of thl1 Scope o f Sarvicaa: (l) CDBG funda 1hall be uaad to laveraae fundi provided by lo financial inotitutiona. The CDIC contribution to the proara• oha!l noL exceed $150,000, The Contractor 1hall be reaponlible for inlurina that at laa1t $1 50,000 froa other fundina 1ourcea, includina privote aonle• and other State aod Federal arant1, Ia eo ... ittad to thll Project. (2) A loan couittaa ahall be forMd which 11 duly rapruentetive of the lntera1t • of tha taraet eru buainaaa eoaoaunlty, the partlcipatl nt landin& inatltutlone, and the Contractor to al8ure tbat the aakina oC loan• 1• a coepetitiva proee11 end 11 in eubatantial conforaanca with the Procure ant Standerde, State of Colorado, Local Govarn .. nt Financial Kanea ... nt Manual (hereinafter "P1nane1el Hanaa•••nt Manuel "), Incorporated by reference. (3) lnteraat rataa eharaed t loeal borrowara for the u•• of CD u11 • era to be lit by the loan eoaaittll, but In no uvunt eh.tll be nrv tot then t h than cu rrent Denver pr1M rate lua~ two perevnL (2%), aocludln any pr a ulna or urvlea eh rae lapo .. d un th bu n "~ t by the Cont rae tor. ( ) All 1 an a plieatiooe oeetad in tba dell eeted A 11~ IIJ • the t 15 au ltted fo iaprov .. nta to pr p rt va floodpldn, • ahown on !xltlblt D, u•t ~. r1or ep roval of Lha i t .. tu, In ¥ urd~n•• , o t ~•r , 1 77. • I • - • • • • as of its effective dote. Any uuch ogrcemont between thu Contructc:u .1uLI uuy other third party ohall describe the joint obl1gationa ond responoibUitlcs o each party in the implomention of thil Project. (d) Tha Contractor may require that any borrower of COBC funds, including thooe tirmo for which COBC funda ara ude available to guarantee their loo n• or provide them with an intereat subsidy, ahall hire for th~ Lerw u tho lu ~u· or any part thereof and at the expenaa of the borrower: (1) an expert. conaultant or profealfianol cnKincer to udvluc the borrower and the Contractor reaardina tho borrowor-'a usa of CDDC unci other Project funda; (2) aanaaaunt advice and leaal counael to aaaiat the borrower in hia/hor uae of COIC and other Project funda, (e) The allowance above atated ahell in no way remove the reoponaibil1ty of the Contractor to aonttor any aubc:ontrectore aa required by thl• Controct or u required by the Financial Kanaaeaent Manual, citud above. (f) Copiea of any and all contracte, illcludill@ a copy of any service •&ree en 1 between the Contractor and any and all aubc:ontractoro, entered into by the Contractor in order to accoaplioh thio Project ahall be oubaitted to tho St Lo upon execution and aoy and all contract• eotered into by the Contractor or un of ito aubcontractore ahall coeply wiht all applicablu Podurul and ColurnJ u ~tMte lawo and ohaU ba aov .. nad by the lawo of the State of Colorado notwithatandina proviliona therein to the contrary. 2. TiM of Perforunce (a) The Project ahell coeeoence ypon execution of thla Contract, (b) The Project ehall be coapleted within e1ahteea (18) aonthe of Contract execYtion or when one l>IIGdred percent (1001) of the COIC funda have bean aaaianed, obliaated, d~ava down, uaed •• a auaraatee or uaed to provide an intereet aubaidy 1n a Maner coneietent with "1, lcope of Servicee•, whichavc • occura tint • (c) llhereu tl\ia Project .. ~~.e. uae of a ~evolvilll loan fund, loan auaranteo o intereet eubeidy, at leaet forty percent (401) of COIC eaaiated loan by dollar value ahall ba c-itted in writi"' within nine (9) aonthe of the execution of thia Coot~act. 'nle Contractor ahall d"onetrate evidence of lo., c-'.ttaeau for the r-1111111 AIIOUAt of the CDIC funda 110 later than fiftee n (15) aoatha froa Project ca.aaac ... at, 3. lud&et (a)UVIIIUI Coaaounlty Devel~o~pae~n~t-;~~~~~~~--------Trr.r~~-- Contractor Punde TOTAL $16 ' t u, ,, '·' I l I fl IIU tl ... 1 •tllul hu • I • • • • • (b) l~ore cone fund• are required for property rehabilitation, such fund• m~y be made available by the Stato on either an escrow or lump suua basis Ln advance of reiqburseablc expenditures havina occurred. Such di R burscmcnt~ ehn ll be subject to Pwrt X, Crant Puy&aont ltcqulroaAt:uLw, F lnuucJnJ Haunccmt·uL Manual, incorporated by reference. Hovvoever 1 CDBG funds shall be made rniiible on an eocrow or luap aua baail for property rehabilitat i on only in the event that the Contractor oatabliahea a rehabilitation fund in a prlvutc financial inatitution or an eacrow account. (c) Ourina the term of thil Contract ahould the Contractor receive repayment of any COIC funda loaned, whether principal or 1nterut pey•enta thereto, the Contractor ahall reduce the amount of tha ouboequent reimbuuement requeot to the State by euch aa~ount, S, Contract Honitorin& (a) The Department of Local Affaira, Oivioion of Co.aerce end Ocv~lopa~ent, will aonitor thia Project on an ao needed baoie, but not le11 than one tiae per quarter, (b) The Water Conaorvation Board will aooiot the Oivieion of Co~~a~ercc and Devolop.ont in aonitorina thil project in order to enaure cooapl1Mncu wit h Executive Order 8504, 6, Report ina Schedule (a) The Contractor oball oubeit q ... rtarly Uuncial and urrativa otatuo raporto by each blldaetery line itea aa detailed in "3, llldaet" or in aruter detail ao appropriate to tha Project undertaken within 30 dayo of the end of each calendar quarter. (b) F1unc1al reporto ohall docuaant all Project e11pend1tureo on an accrual baa1o, puro ... nt to Part VIII, Fiuncial leportina lequireaento, Financial Hanaaeaent Manual, cited above, (c) llan'ativa atatuo reporto ehall detail Project proaruo by proara~~~~atic objactlvaa in oufUcient detaU ao to aive the ltate an accurato rapraoentation of Project actlvitiu, ioouu, probluo and oolutionw, pur .. uo nt to Part IX, Honitorina and leportina of Proara• Parforaance, Financial lla,..&-nt Han ... l, c1te4 above. (4) lho11ld tile ltate req111re a44itioul Uuncid or narrative d•tail bayond that initially oubllitte4 by tile Contractor, the Contractor a hall oupply ouch detail witllin 30 daye of tha ltate•a written requaat for euch detail. (a) The final partor•ance report ehall ba on a toraat and cover ouch 1to11o no ohall be acceptable to tho State. CDIO Applicatl a II) -OS • I • • • - • • EXHIBIT B l3 STATE PLANNIIIG AND IWIAGE."lENT DISTRICTS ., .. i 3--~--=: i --\!~ ~1· ! e : "'O : o; r---·--· • !I l,_lO j " i ! : ------! i 0 • .. i , • f • ii I· I I • • • • - • • NAil-JNIXN!S FOR "IDW-INCXN;" AIID ''NlllJ:RATE -lNmlr." IIJUSI'JilWS RlR 11E COLOIAOO CO.C PJIOGIAN RlR FISCAL 1983 rsons DJstrict J Ll*iiiCGOIO • 5,151 • ~.687 • 7,523 $ I,:SSt ....... • 1,40] • t,t26 $10,441 Nodenu in~ . ·.~ 10,69S 12,0» U,l74 14 ,20!1 15,045 15,MJ 16,717 District 2 1.1* i nc-• 6,110 7,15<! ..... t,tu 10,564 11,116 11,107 12,429 Nlkler:atc ~ $11,1.16 U,727 14,111 ., 15,110!1 16,903 17,117 11,1'2 '19,116 llistrlct l 1.1* incoc • 1,257 t,436 10,616 l1,1t5 12,5Jl 1J,270 14,1107 14,744 I Node n te i -$13,211 ·~.095 16, .. 11,173 20,052 21,232 22,411 23,591 ... Dbtrlct 4 1.1*1-$ 6,5St 7,496 1,4JJ t,:SiO 1,156 10,541 11,127 11,712 Nodnete in._ $10,4t4 11,tt4 U,4t3 14,tt2 15,12!1 16,166 17,103 11,740 • 5,121 6,661 7,413 l,l26 1,146 ',367 t,U7 10,407 s t,ru 11, 7 Jl,,.. 13,322 H,IS4 14,!117 l ,lit I•.w D • 4, l S,661 6,.161 7,511 7,t60 1,403 1,145 nc • 1,m t,OS7 10, ll,Olt 12,737 13,444 14 ,151 $ 6,1 7, ••• '· ' 1,141 ,413 11,046 • I, ll,Jll 14,118 1•,o 1 1$, •. 7 17,673 • • • • ( JIUUUI IIICIJN;S I:OR "UIW-IIICOIE" AMI ''tDili!IIATE-H:co:~" IIJUSillOLUS JIOa 1liE COLOIAJlO CIIIC PIIOGIAN Ala FISCAL 1913 rsons District I LDW1n~ $ 4,l67 • 4,t9J • 5,615 • 6,235 $ 6,621 • 7,011 $ 7,401 • 7,791 Moderate iiiCG8e $ 6,117 7,915 8,!113 9,112 10,60S 11,2Z9 11,153 U,417 Distti« 9 LDwi~ • 6,025 6,115 7,746 1,606 1,144 1,612 10,220 10,751 llDderate 1-$ 11,639 11,016 12,393 u,no 14,631 15,412 16,352 17,213 ;. District 10 • LDw incc.c $ 5,657 6,452 7,273 1,011 &,517 11,092 1,517 10,102 • llDdcr~tc i~ $ 9,051 10,344 11,637 u,uo 13, 7lt 14,547 15,355 16,16} Dhtrict 11 a-1ne-$ 7,231 1,264 1,217 JoO,SlO 10,17t 11,621 U,l67 u,tu Hod r-t i-$ 11,570 U,2U 14,176 14,529 17,562 ta,S!IS 11,621 20, I DbtriCl J1 ••• 10 ,631 J1,11t 1 ,551 ll,2t7 14,0 14 ,774 n,u 11, ll,tll l ,otl l,l75 U,4S7 Zl,6J $ 6, 7,W 1,702 t,246 t,7t0 10,334 10,17 $ 11,1 u,s U,t24 14,114 15,664 16,5 17,405 • \' 6 NORTH • I • • • WAY REHABILJT A TION PROGRAM BROAD I . '11\ll l IIIII • • , . • I • • • • • 7 A BY AUTHORITY ;q ORDINANCE NO.~---- SERIES OF 1983 COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING ARTICLE 5, CHAPTER 9, SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, TO PROVIDE FOR OPTIONAL PENSION PLAN FOR CERTAIN EMPLOYEES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Article 5, Chapter 9, Section 5 , Subsections (b) and (c) of the E.M.C. of 1969, as amended, are amended to read as follows: 5-9-5: b. In addition to the City of Englewood Retirement Plan, and with the approval of the appointing authority, a confidential secretary, managerial employee, or a supervisory employee may elect to participate in the International City Management Association -Retirement Corporation (I .C.M.A. R.C.). According to the rules of the plan, said employees may contribute such portion of their compensation as is provided by law. c. The City Manager, the City Att orney , the Assistant City Manager, the department heads and the full-time Municipal Court Judges may elect to come within the provision s of the International City Management Association -Reti ement Corporation (I.C.M.A.-R.C.) Plan. However, upon such election, said employees shall not continue current membership in the City of Englewood Retirem nt Plan. Int oduced , read in full, and passed on first r ading on the 16th day of May, 1983. 1983. Published as a Bill for an Ordinance on the 18th day of May, Read by title nd pas ed on final reading on the 6th day of June, 1983. Publi hed by titl a. Ordin nc No. _______ , Series of 1983, on the 8th day of June, 1983. At eat: £uqene L. Otl , Mayor, ex officio city Clerk-rreaaurer I • • • ,. • 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 1983. Gary R. H1gbee • I • • - - • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198 COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING ARTICLE 5, CHAPTER 9, SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, TO PROVIDE FOR OPTIONAL PENSION PLAN FOR CERTAIN EMPLOYEES. NOW, THEREFORE, BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Article 5, Chapter 9, Section 5, Subsections (b) and (c) of the E.M.C. of 1969, as amended, are amended to read as follows: 5-9-5: b. In addition to the City of Englewood Retirement Plan, and with the approval of the appointing authority, a confidential secretary, managerial employee, or a supervisory employee may elect to participate in the Inte national City Management Association -Retirement Corporation (I .C.M.A. R.C.). According to the ules of the plan, said employees may cont ibute such port1on of thei compensation as is provided by law. c. he City Ma nager , the City Attorney, the A sistant C1 y Manager, the department head and th full-ia Mu 1c1pa Court Judg • may elect to come within the provt.io s f Int rnation 1 City Management Ass ociatio e irem Corporation (I.C .M.A. -R.C.) Plan. Ho ver, u o" el c ion, said employees s all not continu embership in the City of Englewood R tire Introduc d, read in full, and pa .ed o f r t read1 o 16th day of May, 1983. Puoliah d s a Bill for n Ordinance on he 1 t day of M y, 1 83. e d by I tl June, 198 • nd p ed o inal re d ng Publ s ed by 1 le a ord nance o. ______ _ e 8 day of June , 1 83. A •• l II offlclo e t day of 0 1 83, ) • ( • • • • 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 1983. Gary R. H1gbee I • • • • .. ORDINANCE NO. ~0 SERIES OF 1983 BY AUTHORITY COUNCIL BILL NO. 21 I NTRODUC ED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE SO UTHEA ST METROPOLI 'fAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCE SS IN G. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the City of Englewood Public Library is hereby approved. Said agreement is attac h ed hereto as Attachment 1 and incorporated herein by refer ence and contains general ly the follo wing: SEMBCS will provide media cataloging and process ing ser vi c e s beginning May 1, 1983 and ending December 31, 1983 for an agreed on sum; said service by SEMBCS shall include receiving and checking in of materials, cataloging of all materials, delivery of processed items to Englewood Publ ic Lib rary once a wee k . Section 2. The City Council hereby authorizes the Mayor and ex officio City Clerk-Trea surer to sign and attest said agreement for and in behalf of the City of Englewood. Int roduced, read in full , and passed on first reading on the 16th day of May, 1983. Published as a Bill for an Ordinance on th 18th day of May, 1983 . Read by title and pass d on final June , 1983 . ading on the 6th day of Published by title as Ordinanc No. _______ , ser1es of 1983, on the 8th day of June , 1983. Att st: Eugene L. Otis , Mayo e x officio City Clerk-Treasu er I, Gary R. Higb e, ex o iclo Ci y Clerk-Tea urer o th Ci y o Engle wo od , Colorado, hereby c rtlfy a he bov nd foregoln ~ a true, accura e nd complete copy o t e Ordinanc pa•• d on final read ng and published by tltl as Ordinance o. , Se les o f 1983 . G ry R. Higbee • ) • ( • ORDINANCE NO. ~0 SERIES OF 1983 • • - BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCESSING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'rY OF ENGLEWOOD, COLORADO: section 1. That the agreement between the Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the City of Englewood Public Library is hereby approved. Said agreement is attached hereto as Attachment 1 and incorporated herein by reference and contains generally the follo wing: SEMBCS will provide media cataloging and processing services beginning May 1, 1983 and ending December 31, 1983 for an agreed on sum; said service by SEMBCS shall include receiving and checking in of materials, cataloging of all materials, delivery of processed items to Englewood Public Library once a week. Section 2. The City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said agreement for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of May, 1983. Publist-ed a 8111 tor an Ordinance on the 18th day of May, 1983 • . ad by titl a d p s d on final reading on th 6th day of Jun , 1983. Publi.hed by title as Ordin nc the 8 h day of June, 1 83. Attest: ex officlo City Clerk-rrea.urer 1, C ry • Hi b , ex of iclo o.40 , Seri s of 1 83, on Eugene L. 0 is, Mayor Ci y o Engle ood, Color do, her y certify th l a ue, accura e nd co plete copy final reading and published by t1 le of 19 • ) I • • • . . .. ? c BY AUTHORITY v\ ORDINANCE NO.~----- SERIES OF 1983 COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR IMPROVEMENTS ON LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood and the Urban Drainage and Flood Control District have jointly conducted a feasibility and hydrology study of Little Dry Creek; and WHEREAS, the City of Englewood and Urban Drainage and Flood Control District desire to implement flood control improvements on Little Dry Creed to prevent flooding; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An agreement between the City of Englewood and the Urban Drainage and Flood Control District is hereby approved, said agreement titled "Agreement Regarding Little Dry Creek (ARAPCO) Construction of and Acquisition of Right-of-Way for Improvements (Agreement No. 83-03.09)" consisting of 9 typewritten pages, attached hereto and marked Exhibit "A". section 2. Said agreement generally provides as follows: A. Fo engineering, construction and land acquisition, including construction of the detention area on School District Property; s. Co t to be s ar d by the District and the c ty wi h District contributing $900,000; c . Right-of-way to be ac uired and used for the purpo.e of flood control; D. Con true ion to be a• i tance of t Dl•trict. n ged by the City wi h the The Mayo nd the Oi ecto of Finance ex off c o City cle k-T easurer e ~ereby autho 1% d to • and a test t~ fo nd on b half of th C1 y of nglewood. In oduced, re d in 1 th d y o May, l 83. ull, nd pas d 0 fl • re d n on • • • .. 1983. Published as a Bill for an Ordinance on the 18th day of May, Read by title and passed on final reading on the 6th day o f June, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 8th day of June, 1983. 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, accurate and complete copy of the 0 dinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Hlgbee I • • ORDINANCE NO. ~ I SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO . 22 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT FOR IMPROVEMENTS ON LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood and the Urban Drainage and Flood Control District have jointly conducted a feasibility and hydrology study of Little Dry Creek; and WHEREAS, the City of Englewood and Urban Drainage and Flood Control District desire to implement flood control improvements on Little Dry Creed to prevent flooding; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. An agreement between the City of Englewood and the urban Drainage and Flood Control District is hereby approved, said agreement titled "Agreement Regarding Little Dry Creek (ARAPCO) Construction of and Acquisition of Right-of-Way for Improvements (Agreement No. 83-03.09)" consisting of 9 typewritten pages, attached hereto and marked Exhibit "A". Section 2. Said agreement generally provides as follows: A. For engineering, construction and l nd acquisition, including construction of the detention area on S~hool Distri~t P op rty; B. Costs to be shared by the District and the City with District contributing $900,000; c . Right-of-way to b acquired and used fo the purpose of flood control; o. Construction to be D naged by the Ci y with the a. stance of he District. The Mayo and the Oirec o of Pi ance ex officio City u er re her by au hori ed to a1g nd a te~t he nd on behalf of he City o gle wood . Int oduc d, read in ull, and p ~ don ira readin o 1 h day of May, 1983. • • • • • Published as a Bill for an Ordinance on the 18th day of May, 1983. Read by title and passed on final reading on the 6th day of June, 1983. Published by title as Ordinance No. ~ / the 8th day of June, 1983. Attest: ex off1cio C1ty Clerk-Treasurer , Series of 1983, on 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 foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~/ , Series of 1983. Gary R. H1gbee I • • -• • • 7 BY AU'1'HORITY ORDINANCE NO. &~ SERIES OF 198 COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDlNAN.CE APPROVING A CON'rRACT WITH THI:: ST ATE OF COLOH.ADO, DEPARTMENT OF NATURAL RESOURCES, OLOR AD O WATER CONSERVATION BOARD, PROVIDING FOR THE RECONSTRUCTION OF THE UNIO N AVE. DIVERSION PUMP ST ATI ON AND GRANTING AN EASEMENT. WHEREAS, the Chatfield project channel improvement construction has received funding by the General Assembly of Lhe State of Colorado; and WHEREAS, it is necessary for the State of Colorado , Department of Natural Resources, Colorado Water Conservation Board, receive an easement over City of Englewood property; and WHEREAS, the Chatfield project channel improvement construc- tion would result in damage to the City of Englewood facilities; and WHEREAS, the State of Color do, Department of Natural Resources , Colorado Water Conservation Board, desires to compensate the City of Engle wood for said damage; OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0 ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 . A co ntract consist ng of six pages plus Sch dule A, one page , Schedule B, consisting of five pages, said agreement generally providing as follows: An ngin ering firm shall b employed to con truct improve- m nts to the City of Engl wood Union Ave. Pump Station nd Diversion structure. The construction shall b s yr d upon betw en th Stat of Colorado , D p rtment o( Natural R sources, Colorado Wat r Conservation Bo rd, th u.s. Corps of ~ngin r~, nd h City of nglewood. 'fh C1 y h 1 ind •n1fy th .. t. ttJ of con truction and Ctty saur that lt pplic ble le • ult h ll d 1 v r to th Ul • I • • • • The Project shall be the sole exclusive property of the City of Englewood . Section 2. author1zes Finance ex for and on That the City Council of the City of Eng ewood hereby the Mayor of the City of Englewood and the Director of officio City Clerk-Treasurer to sign and attest the same behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of May, 1983 . 1983. Publis hed as a Bill for an Ordinance on the 18th day of May, Read by title and passed on final reading on the 6Lh day ot June, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 8th day of June, 1983. Attest: Eugene L. Otls, Mayo ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Tr a-ur r of th City of Englewood , Colorado , hereby certify that the above and foregoing is a true, accurate and comp1et copy of th Ordinanc p s d on final reading and published by title as Ordinance No. , s l. of 1983. Gary R. H1gb • • • • • • ? t BY AUTHORITY ORDINANCE NO. c1 ~ SERIES OF 1983 COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER FITZPATRICK FOR AN ORDINANCE AMENDING THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING TO SECTION 5-11-4 AMENDMENTS CLARIFYING THE AU THORITY OF THE CITY MANAGER AND CITY COUNCIL WITH RESPECT TO CITY EMPLOYEES IN THE MUNICIPAL COURT AND PROVIDING COURT RESPONSIBILITY FOR INTER NA L FUNCTIONS OF THE COURT . WHEREAS, the City Council has previously enacted a Career Service System for the City of Englewood; and WHEREAS, City employees in the Municipal Court are by the terms of Article XV of the Charter included in the Career Service System of the City of Englewood; and WHEREAS, City Council determines that the administration of the internal functions of the City Municipal Court justify additional consideration because of the judicial functions which must be performed by said City Mun ici pal Court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CI'rY OF ENGLEWOOD, COLORADO: Section 1. The existing Section 5-11-4 (b) (4) of EMC '69 is re- numbered 5-ll-4(b) (4) (a) and a new subparagraph (b) is added as follows: (b) With respect to City employees in the Municipal Co urt, the City Manager shall have the authority to appoint, suspend, promote, demote, transfer and remove City employees in the Mu nicipal Court upon the recommendation of the Municipal Judge; Section 2. Section 5-11-4 of the EMC '69 is amended by the addition of a ne w subsection (g) as follows: 5-11-4 (g) Notwithat nding th power and duti s of th City M n ger enumerated in subpar graph (b) above, th municip 1 judge h 11 be responsibl for the super- vision of th int rnal functions of th Municipal Court nee ssary for the administration of justic • This includ s d t rmining the hours of work , the working condition , and the m thods and proc ss by by which Court oper tiona are to be conducted. Th municip 1 judge sh 11 lso determine the m t rials nd personnel or the operation o th Court , all subject to th approval of City Council s provided in Sec ion 70 of the City Charter • • I • • • • • Introduced, read in full, and passed on first reading on the 21st day of March, 1983. Published as a Bill for an Ordinance on the 23rd day of March, 1983. Read by title and passed on final reading on the 6th day of June, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 8th day of June, 1983. 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, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee • I • • • ORDINANCE NO ~c3 SERIES OF 19Sr-=- • • - BY AUTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER FITZPATRICK FOR AN ORDINANCE AMENDING THE '69 ENGLEWOOD MUNIC I PAL CODE BY ADDING TO SECTION 5-11-4 AMENDMENTS CLARIFYING TH E AUTHORITY OF THE CITY MANAGER AND CITY CO UNCIL WITH RESPECT TO CITY EMPL OYEES IN THE MUNICIPAL COURT AND PR OVIDING COURT RESPONSIBILITY FOR INTERNAL FUNCTIONS OF THE COURT. WHEREAS, the City Council has previously enacted a Career Service System for the City of Englewood; and WHEREAS, City employees in t he Municipa l Court are by the terms of Article XV of the Charter included i n the Career Servi c e System of the City of Englewood; and WHEREAS, City Council determines that the administration of the internal functions of the City Municipal Court justify additional consideration because of the judicial functions which must be performed by said City Mun i cipal Court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CI 'rY OF ENGLEWOOD, COLORADO: Section 1. The existing Section 5-ll-4(b) (4) of EMC '69 is re - numbered 5-ll-4(b) (4)(a ) and a new subparagraph (b) is added as follows: (b) With respect to City employees in the Muni c ipa l Court, the City Manager shall have the authority to appoint, s uspend, pr o mo te, dem o te, tran s f r nd remove City e mployees in th Mun c ipal Co ur t u p on t h r commendati o n of the Mu n ici pal Judg e ; S e ct ion 2 . Se c ti o n 5-11-4 o f t he EM C '69 is am nd d by th a d di t ion of a n e w su b section (g ) as follo ws: 5-11-4 (g) Notwithst a nding th po wers and duties of the City Man ger enumerated in subparagr ph (b) above , th municipal judge shall be re ponsible for the sup r- vision of the internal functions of the Municipal Court neces ary for the dminiatratlon of justice . This includ d t rmining th hours of work, the wo r king conditions , and the methods and processes by by which Court operations are to b conduc d. The municipal judge sh 11 also determine the aa erials and rsonnel for the op ration o th Court , ll subject to the ap roval of City Council as provided in S c ion 70 o the Ci y Charter • • I • • • • Introduced, read in full, and passed on first reading on the 21st day of March, 1983. Published as a Bill for an Ordinance on the 23rd day of March, 1983. Read by title and passed on final reading on the 6th day of June, 1983. Published by title as Ordinance No. eX~ , Series of 1983, on the 8th day of June, 1983. Eugene L. Otls, 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, accurate and complete copy of the Ordinanc~~ssed on final reading and published by title as Ordinanc e No. , Series of 1983. Gary R. Higbee I . ORDINANCE NO.~ SERIES OF 1983 • • BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER NEAL ? F AN ORDIN ANCE AMENDING SECTION 5-ll-4(d) OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING REMOVAL OF MEMBERS OF THE CAHEER SERVICE BOARD. WHEREAS, the City Council has previously enacted a Career Service System Ordinance for the City of Englewood pursuant to Article XV of the Englewood City Charter; and WHEREAS, City Council is authorized and directed to enact appropriate ordinances for the implementation of the Englewood Career Service System; and WHEREAS, the City Charter authorizes the City Council to remove any member of the Career Service Board for neglect of duty or malfeasance in office, and City Council has previously enacted an ordinance implementing that removal power of City Council; and WHEREAS, after consideration of public statements of Englewood employees, the City Council determines it is appropriate that the City Council not exercise its power to remove for cause Career Service Board members elected thereto by Englewood employees, while at the same time recognizing that City Council r tains the authority to enact ordinance providing for City Council removal of all Career Service Board members for neglect of duty or malfeasance in office; and WHEREAS, City Council deems it appropriate to presently relinquish said r moval power and leav to City employees the responsibility nd authority to remove C reer Service Board members el cted by City eaployees who may be guilty of negl ct of duty or malfe sance in office; OW, THE 0 , BE IT OHO AI ED BY TH CITY COU CIL 0 THE CITY 0 ENGLEWOOD, COLORADO: t ct on 5-ll-4(d) o rd. • r •• c: 1 r 1 h '6 E.M.C. is •• nded to rv ce o rd (5) • mbers; era ah 11 ClaU 1 d d by the ca' CIIS I • - • • ' • • • are for four years or until resignation, removal o r recall . CITY COUNCIL MAY REMOVE ANY BOARD MEMBER, EXCEPT THE TWO MEMBERS ELECTED BY CITY EMPLOYEES, FOR CONTINUED NEGLECT OF DUTIES OR MALFEASANCE IN OFFICE . CITY EMPLOYEES SHALL HAVE THE RESPONSIBILITY AND AUTHORITY TO REMOVE FROM OFFICE FOR MALFEASANCE OR CONTINUED NEGLECT OF DUTIES THOSE CAREER SERVICE BOARD MEMBER S ELECTED BY TH E CITY EMPLOYEES. Those elected Board members may also be recalled by the employees. Election and recall procedures are provided in '69 E .M.C., Title IV, Chapter 5. Should a Board member duly elected by the fulltime permanent classified employees resign or otherwise become incapacitated so as to create a vacancy in office , the fulltime permanent classified employees shall petition the City Election Commission to hold an election to fill said unexpired term. Introduced, read in full, and passed on first reading on the 21st day of March, 1983. Published as a Bi ll for an Ordinance on the 23rd day of Mar ch , 1983. Read by title and passed on final reading on the 6th day o f June, 1983 • Published by title as Ordinance No.~, series of 1983, o n the 8th day of June, 198 3 . Eug ne L. Ot1s, Ma yor Attest: ex o ffici o C i t y C lerk-Tr e a su e r I , Gary R. H gbee , x of f icio Ci ty Cle k-Trea.urer of the City of Engle wood , Color do , r r b y c rtify t ~at re bov and fo r egoing ts a true , ccu ate nd compl te co p y of he Ordin nc a d on final red ng nd publi.~ed by title . ordin nee No . , ser ell of 1983 . Gary R . H[q b ee 2 I • • • • f • • - ORDINANCE NO.~ SERIES OF 1983 BY AUTH ORI'fY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINA NCE AMENDING SECTION 5-ll-4(d) OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING REMOVAL OF MEMBERS OF THE CAHEEH SERVICE BOARD. WHEREAS, the City Co unci l has previously enacted a Career S ervice System Ordinance for the City of Englewood pursuant to Article XV of the Englewood City Charter; and WHEREAS, City Council is authorized and di rected to enact appropriate ordinances for the implementation of the Englewood Career Service System; and WHEREAS, the City Charter authorize s the City Co unc i l to remove any member of the Career Service Board for neglect of duty or malfeasance in office, and City Council has previously enacted an ordinance implementing that removal power of City Council ; and WHEREAS, after consideration of public statements of Englewood employees, the City Council determines it is appropriate that the City Council not exercise its power to remove for cause Ca reer Service Board members elected thereto by Englewood employees, while at the same time recognizing that City Council retains the authority to enact ordinance providing for City Council removal of all Career Service Board members for neglect of duty or mal feasance in office; and WHEREAS, City Council deems it appropriate to presently relinquish said removul power and lea v e to City employees the res ponsibili ty and authority to remove Career Service Board member s elec te d by Cit y employees wh o may be guilty of neg lect of duty or alfeasance in office; NOW, THEREFORE, BE IT OHDAINED BY THE ClTY COU NCIL OF THE CITY OF ENGLE WOOD, COLORADO: Th t S ction 5-ll-4(d) o ollows: Appointment, Removal h ' 9 E. M. C . is m nd d to Th City Council h reby create C r r S rvice Board (here1na ter the "Board•) which sh 11 conai of five (5) membersz wo m mbera hall be appointed by City Council , t wo mbers sh l b elected by a cret ballot by all full 1 p r anen class fled m loy of h City , nd one m mb r shall b select d by the other four ~ era nd serve a chairp raon. oard m b ra' ter a 1 • I • • • .. .. 4t are for four years or until resignation, re moval or recall. CITY COUNCIL MAY REMOVE ANY BOARD MEMBER, EXCEPT THE TWO MEMBERS ELECTED BY CITY EMPLO YEES , FOR CONTINUED NEGLECT OF DUTIES OR MALFEASANCE IN OFFICE . CITY EMP LOYEES SHALL HAVE THE RESPONSIBILITY AND AUTHORITY TO RE MOVE FROM OFFICE FOR MALFEASANCE OR CONTINUED NEGLECT OF DUTIES THOSE CAREER SERVICE BOARD MEMBER S ELECTED BY THE CITY EMPLOYEES . • f • Those elected Board member s may also be recalled by the employees . Election and recall p ocedures are provided in '69 E.M .C., Title I V, Ch ap ter 5. Should a Board member duly elected by t~e fulltime pe r manent classified employees resign or other wise beco~e incapaci t ated so as to create a vacancy in office , the fulltime permanent classified employees shall petition the City Election Commission to hold an elec ion ~ fill said unexpired term. Introduced , read in full, and passed on fi st reading on the 21st day of March , 1983. Published as a Bill for an Ordinance on the 23rd day of Mar ch , 1983. Read by title and passed on final reading on the 6th day of June, 1983 • Published by title as Ordinance N o .~~ , Series of 1983, on the 8th day of June , 1983 . Attest: ex officio City Clerk-T I, G ry R. Higbee, ex of flc1 o City Cle k-Trea urer of tre C1 y of Englewood, Col o rado, nereby c rt1 y at the b ove a nd for going ts a true, ccur te nd co plate copy ot Ordln d on final re ding and publi hed by t1 lea Ord1 nc , S rl s of l 83. Gary R. Higbee 2 • I • • ORDINANCE NO·~---- SERIES OF 1983 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 24 INTRODUC;q BY C?UN CIL MEMBER __ ~~~~~~----/ AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF ENGLEWOOD, AND THE CITY OF SHERIDAN REGARDING PLANNING FOR SHERIDAN OU TFAL L SYSTE M BY CENTENNIAL ENGINEERING, INC. WHEREAS, the City of Englewood mainta1ns a substantial 18-hole golf course within the boundaries of the City of She idan; and WHEREAS, the Urban Drainage and Flood Control District (District), the City of Sheridan (Sreridan), and the City of Englewood (Englewood) desire t o engage Centennial Engineering, Inc . (Engineer) to render certain technical advice, compile information, evaluate, study, and recommend design solutions to such drainage problems as exist wit hin t he Sreridan d ainage a ea; NOW THEREFORE, BE IT ORDAINED BY THE CIT Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That an agreeme nt titled "Agreement Regarding Plann1ng of Sheridan Outfall System (Agreement No. 83-3 .2)" between the Urban Drainage and Fl ood Control Distric , the City of Sheridan, the City of Englewood, and Centennial E gineering , Inc., consL ing of a total of 16 typewritten page s plus a one-page exribit (con isting of a map), is hereby approved by the City Council of the City of Englewood. Said greement g nerally provides a. follow.: A.. That the parti • employ En ineer to p dorm service. in th Sh ridan dr inag area. c. T e proJeCt all repre ntative of Englewoo coo din ted by h Oi ric nd S er dan. 1 cri t r i , r i ve ou C 11 • • ( • • • • E. The total sum to be paid Eng ine er shall be Seventeen Thousand six Hundred Dollars ($17,600) to be paid as follows: District -$8,800; Sheridan -$5,870; Englewood -$2,930. Section 2. A copy of said agreement is attached hereto, marked as Exh1b1t A, and incorporated herein by reference as though set forth in full. Section 3. That the Mayor and ex officio City Clerk-T r easure r are hereby authorized to sign and attest said Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of June, 1983. Published as a Bill for an Ordinance on the 8th day of June , 1983 . Eugene L. Otls , Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl wood, 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 pas sed on first reading on the 6th day of June, 1983. 2 • I . • • • AGREEMENT REGARD lNG PLANNING OF SHERIDAN OUTFALL SYSTEM (AgreeP~ent No . 83-3.2) THIS AGREEMENT, made this ____ d.ay of -------' 1983, by and between the URBAN DRAINAGE AND FLOOD CONTROL OJSTR!CT (hereinafter called "DISTRICT "); CITY OF SHERIDAN (hereinafter called "SHER IDAN "); CITY OF ENGLEWOO D (hereinafter called "ENGLEWOOD"); (hereinafter ENGLEW OOD and SHERIDAN collectively shall be referred to as "LOCAL GOVERNMENTS"); and Centenntial Engineering, Inc., a professional engineering finn (hereinafter called "ENGIN EER"). WITNESSETH THAT : WHEREAS, DISTRICT has previously established a Work Program for 1983 (Resolut i on No. 49 , Series of 1982 ) wh ich includes master planning and the delinea ion of flood hazard areas; and WHEREAS, DISTRICT in a pol icy statement previ ously adopted (Resolution No . 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted flood plain zoning measures; and WHEREAS, DISTRICT has heretofore instituted an Urban Systems Engineering Demnstration Program (Resolution No. 19, Series of 1970) to i dentify drainage basins and sub-basin and the drainage problems connected therewith within the DIST RI CT : and tREAS, DISTRI CT , and LOCAL GOVE R tNTS des i re t o ~n age E Gl EER to ~nder certain tee ni cal and professional advise and t o e ile inforNtion, eva lui t, s udv and o rec nd design solu ions o sue dra nage pro 1- wll ich art in e best in erest of ln•ohtd par Its and a ncits; , THEREFORE, in cMsidera o of the n1 ual roaises con aintd herein, he Par't It rreto 19 as foil s : IllS r by agr 1. to per OI'W th Str'VICI A £A . ( Gl E£11 s all Pf'rfO or supply all ts ary servlcts r vid d u d thh T ill COM Ct lOll WI and rt ct ing RID •. dratnl ar 1 u pdattd J a ,,.,.. 1 3. I • -• • • DISTRICT will provide mapping of the stud.v area at a scale of 1" = 100' and a contour interval of 2 feet for the AREA. Mapping will be provided on 22" x 34" plan mylar sheets. 3. SCOPE OF SERVICES The proposed work shall inc 1 ude, but not be 1 i mi ted to the compilation of existing data, necessary field work, development and consistent evaluation of all reasonable alternates so that the most feasible drainage and flood control plans can be determined and justified for the AREA. Consideration shall be given to costs, existing and proposed 1 and use, existing and proposed dra inage sys terns, known drainage or flood problems, riqht-of-way requirements, open space benefits, and 1 ega 1 requ i remen s. Conceptua 1 a 1 tern ate plans will be deve 1 oped and so presented that sequential wor ite will follow in a logical order , interdependence one upon the other will be clear, and where an alternate exists on any item, it will be sp-cffittlly pointed out. Full coordination will be effected with stiff l!letlbers of DISTRICT and LOCAl SPONSORS, the affected public, and specialty consultants that may be employed by ENGINEER. Bas it conceptual al temates wil l be presented in such 1 11111nner that uch is c011plete in its entirety and comparison with other altema es is clear and possible with oninimum effort. Drainage systeo~ planning will be done in a continuous effort by [ I EER cul111inating in 1 single fonnal planning report. A single outfall syst alttmlte will be selected by DISTRICT and LOCAl SPO SO S during the course of the study and E GINEER will prepare 1 prell111in1ry design fort t selected altemetive. T deU11ed scope of se,.vlcts art u foll s : A. ly t reafttr or n reouested by DIS RICT •Hh t e rtprestnllthts of NTS to : 1) lnsu COI'II)llan< with tt•e ' rvltt\ r uirtd by thll 1 r nt , I • • • • b) Obtain existing data and general information from participating entities who will provide full assistance. c) Solicit desires of participati ng entities and other interested agencies or groups in order to develop alternate plans . d) Procure current information relative to development plans in the basin . e) Procure information relative to right-of-way li"'itations and potential hazards due to flooding. f) Avoid duplication of effort whenever possible by utilizing existing information available from other agencies . (2) ENGINEER, after consultation with DISTRICT, shall contac Colorado State Department of Highways, U.S. Corps of Engineers, U.S. Geol ogical Survey, Federal Emeraency Mllnagement Agency, Soil Conservation Service personnel and other individuals or agencies identified who have pert inent kn ledge and an interest in the area under consideration. B. OUTFAlL SYSTEM PLANNING E Gl EER, utilizing the cri teria reouir nts and policies of DISTRICT, LOCAl SPONSORS and other applicable State or Federtl ag nc1u, shall develop al ernate outfall s etch plans. Upon nlectlon of a rot deslrabl alternat b LOCAl SP SORS and hall d velop a prell111lnary sign or t selected outfall syste. alternat and prepare a final 11uter plan rtport . . ,, rt sto wl HR ' ell d • lo all storw pt lnt trld c 11w ytnt 7-er lftd dratne crlt na ul no 100· r lt su II addrt.std tllrou .. wll tncludt on· 1 dlt nt 011, c lOll ,It Cl " . ... 1iual lood1nt • .... A If • • • • • on-site de ention alternate is selected for the control of 100-year desiqn stonn. More specifically the work will Include, but shall not necessarily be limited to: (1) ENGINEER shall define the basin and sub-basin boundaries. Hydrologic studies shall be performed to determine : a ) runoff hydrographs for each individual sub-basin; and b) runoff hydrograph at each hydrologic point, defined by the ENGINEER and approved by DISTRICT, by routing and combining individual hydrographs by a method acceptable to DISTRICT. This hydrologic information will be compiled for the 2-year, 5-year and the 100-year recurrence interval under existing and future basin conditions as projected from planning and zoning maps compiled with the assistance of LOCAL SPONSORS. Affects of on site detention wil l be clearly identified. The peak flows and volumes shall be evaluated for reasonableness . Hydrology calculations shall be presented to DISTRICT for reviN and approval upon CQIII!Iletfon . (2) Hydraulic calculations shall be performed for h design of the outfall drafna ay syst elte,..,.t s capable of convey ng 1 pee N"Off rate resul in fra. des fg recurl'l'ncl! in tl"'fll nftd to eccoun • T e hydreul fc eel cull fo s • r gfon I zed de Pn i r t'tls of on sf Then calculi c le t o t t•t t o 1 tefnfng • nt : 1 . ~fin! f end 1u f b . Of .,.., 1 on tJ ' cepacl y tJf proptJsed c I U, cut rts . c. ,..;!Ill at 4 . lr .. • c II 11zt ell ,..,., ru t d r l 1 • ~ (l) I • • • • • 3B(2) above . ENGINEER shall evaluate alternates for the outfall drainageway system. Schematic layouts at a scale of l-inch equals 800 feet and preliminary cost estimates (inc 1 udi ng right-of -way costs) of the a 1 tern ate p 1 ans, a s conceptually developed by ENGINEER will be presented to the interested parties asseMbled as a group at a presentation meeting . Following selection by DISTRICT and LOCAL SPONSORS of the best alternate plan, ENGINEER will proceed with an evaluation of the selected alternate and develop a preliminary design. (4) ENGINEER shall consider the operation and maintenance aspects of each of the best alternate plans, relative to : a. Erosion control b . Cleaning and removal of debris and sediments c. Repair of structures d . Shearing of channels where pipes daylight e. Re-seeding and planting of grassed areas f. Access to entire 1 ength of dra i nageway (5) ENGINEER shall become cognizant of the soil characteristics of the basin and will obta in available SCS soil survey Nps . If ENGINEER feels soil samples are necesury to detenalne feas i billty of any alternate, he shall so rec nd to DISTRICT. Detailed soil analysis, ff needed, will be provided by DISTRICT. (6) E Gl EER shall conduct all hydraulic anal ses for prellloinarv desi n using the approv d drainage and flood control pol fey and crl erta . (7) All drawtn of s ltttP<t alte.-nate shall u t 5taf'dard DISTRICT title loc fot"Nt and hall be prepe,..G a a scale o 1-tnch uah 100-feet Of\ zz• • 34" lar u . All p.-o tit s tU s all be prepe,..G 1 a or ll nul c alt of l ·tnc • IOO·f .. t and • rttcal seal of I• n • 10·1 • I • - f • • • (B) If the selected alternate requires, ENGINEER shall develop basinwide on site detention requirements. Detention requirements shall be clear and will define the maximum allowable peak discharge from different sized basins and will also define the minimum volume the detention facil iti es will need to store at the maximum allowable discharge. In developing detention requirements, consideration shall be given to sub-basin size, soil characteristics, the proposed outfall system and the extent of ult i mate development, namely, the percent of impe rvious area within a development. (9) ENGINEER shall prepare a written report wh ich will include, but will not be limited to, the following : a. A brief statement to clarify he ENGINEER's understanding of the Agreement and any action taken by the entities involved that MOdified, limited or expanded such understanding . b . A map dep icting the drainage basin, sub-basins, and j urisdictions involved. c . Maps at a mini-scale of t• • 800' schematically and clenly dep icting the best alternative plans. d. A written description clurly describing the best alternate plans on 1 reach-by-reach blsls, their esthut d costs and all known 1nforNt1on that NY affect their 1onpl ntatlon and effectiveness. e. A sUIII'IIry of data obtained fnll'l DISTRICT, LOCAL SPONSORS and others. f . g, Ackn led nt of storw dralna oth r lnforwtlon o talntd SPO NSORS, Colorado Hlghw y Oepar crltrrla, data, and DISTRICT, LOCAl nt, U.S. A Corps of Engln rs, U.S. Geological Survey, Sofl Conservatlllft Service, Stat Engln r, and o h rs. h. P rlln n carts , grap s, and •t•rl1l ut111z d. • • • • • i. A section describing drainage system criteria under which it was designed and, if needed, the on site detention requirements. j. A brief explanation of the soil and rationale for recommendations relative to special needs, if any, for trenching and backfilling, protection of inlet and outlet areas, and any other items requiring consideration. k . Typical samples from the hydrologic and hydraulic study, Including typical hydrographs and hydraul1c calculations assembled in an orderly fashion, relating to specific design points (or other sathfactory relationship ), wh ich will enable the local government staffs to Interpret them effectively. I. Discuss the operation and Nintenance aspects of best alternate plans . m. Reference to all calculations and materiels used by ENGINEER. n. A deUiled cost estimate for the 11temate selected for preli11lnery des ign. The esti Nted costs should be dlvld d Into dr•ln1gew1y l~~prov-nt costs (drllnege costs), tnfflc costs (street crossing costs), utility reloc1 ton costs. 1nd property 1cqulsl tl on costs. lndlclte the percent• s utilized fo,. contln ncles, engt el"lng, It end • lnlsUitht. o. A prell•lnii"Y sl of dr1ln1ge flclllt ts orlgln1lly prepe..-cl on 2Z" a • ph dr1wlngs In I nh• a horh tal ul• o t• • 100' • pro t le s u 1t t• • 100 • horho Ul v r lui scele • Th c~lettd dn 111 S llts, type , l"d ClptC It It of chan , cuh r s, efld c IUl lout lou on ,, Oft •ps per1lt 1" • 10' plct: .. slope of 0 u llltltl le utili I • • • • appropriate. The plan shall show right-of-way required for acquisition, but shall not include survey descriptions or parcel locations. Typical sections and special details will be shown on same or separate sheets, as appropriate. In preparation of drawings, ENGINEER sha ll use drafting techniques and l i ne weight s as appropriate to insure the production of clear and legible printing at a fifty percent reduction in scale. p. Discuss priority of improvements. Improvements that can be implemented independently shall be described . q . Discuss the decisions reached by DISTRICT and LOCAL SPONSORS during the study that resulted in the selected plan . r. The information in the report will be sequential, orderly, and directed to DISTRICT and LOCAL SPONSORS. The report will consist of one p lu tic comb bound vol...e. The first part of the report shall contain the narrative and the second part will contain the drawings reduced to n• • 17". Specified nUIIIber of draft copies of the final report will be submitted to DISTRICT for review purposes . ENGINEER will print final copies after review and acc ptance by DISTRICT and LOCAl s. SPONSORS . DISTRI CT reserves t ri ht to re ect t t pdntin i f I results I n • lou of lt9ibll1ty h• bl ~ ~d . con ours , lin r , l ttttrinv, oro tXIC sca le 1 ~0 perctnt reductiOft. S ci fied nUIIOe r of coot of c.,..ltted report s ha l l be furn u t o DIST ICT. of all .,.rtl t calco~lttt l nd t o .. tr al ., H • do e • of odv na l tut a..cl hrs of all p r int l"f pia , r•t II !If v t II c ta lll -ttl T I T. Dl ICT • • • • calculations . All non-pertinent preliminary calculations, duplications, or items that would detract from the clarity of the submittal shall not be included. 4 . PUBLISHED REPORTS. The ENGINEER shall provide the OISTRJCT with copies of the draft and final reports. Specifically, as ! minimum , the ENGINEER shall provide copies of the following reports : Report Number of Copies Draft Master Plan Report 6 Final Master Plan Report 60 5. PERSONNEL. ENGINEER represents that it will use as a minimum the following personnel in performing the services under this AGREEMENT : Name Res pons ibfl i ty Richard F. Sparlin, P. E. Principal-In-Charge Paul W. Stowell, P. E. Project Manager Wayne C. Dunk 1 e Project Engineer Changes in the above personnel may not be made unless conditions beyond the control of ENGINEER develop, in which case changes in above personnel may be mde only upon advance written approval by DISTRICT. 6. Tl OF PERFORIIAHCE. lte~~~ 38 of this Agreement shall be c001pleted in two stages. Stage one shall consist of all work needed to develop and present to DISTRICT and LOCAL SPONSORS the scheNttc layouts, including suppor ing info n~~~tton. of th feasib le outfall altei"PPates . This stlge s ha ll be co.pleted within Forty-fin (45) calendar days o11 in rece ipt of o ice to Proceed . DISTRICT and LOCAL SPONSORS will t n have T i r (30) cale~dtr days to select 1 final ou fall sIt a lternate. After s.lection of alternate, £ CJ E£R will ha r~t,.ty (30) cal ,,.. !It s to c It e t proff It urv ys a lid t dra t tr ph pOrt ani! o u it I to DISTIUCT. DISTUCT alldlOCAL S ~OilS will .. , T nty-0.. (21) dt}'1 tor vi th dre nts o ( I (II. (IICI EEII shall lVI T n v-0 (rt) Ull' dar dn tn ccrrl'ct ht dref lO Dl TRICT, lft $U r th ll 0 r o,...nct wfll ' • • - ~ Develop Outfall Alternates Select Outfall Alternate Submit Draft Master Plan Report Review Draft Master Plan Report Correct and Print Final Report TOTAL *ENGINEER's Deadlines • • • Nul'lber of Davs 45 • 30 30 • 21 ..11.. 147 7. FORMAL PRESENTATIONS. ENGINEER shall make no formal presentations in connection with this agreement. ENGINEER will meet Informally at DISTRICT request . If formal presenta t ions are deemed necessary at a later date, ENGINEER will be reflllbursed on a "cos plus• basis for add! tfonal forma l presentatIons, wllfch col'loensa I on sha 11 not exceed the wages oaid In connection with the additional formal presentations thll!s 1 factor of 2.5, plus, all direct expenses at cost. 8. REPORT DISTRIBUTION. DISTRICT will furnish the LOCAL GOVERNMENTS with the following nulllber of copies of the various reports prP.pared by the ENGINEER : Jurisdiction SHERIDAN ENGLEWOOO Report and Nulllber of Copies DRArT FINAL REPORT z zo z 10 Additional copies of anv of th reports 111 111 be m~de available to the LOCAL GOVERNMENTS, provided sufflcten n rs are available In DISTRICT file o pe,..lt dfstrlbu ton at the I of the request. 9. DISTRICT and LOCAL GOVER NTS agree to PlY ENGIH£ER uund S x Hundred (S!7 ,600) Dollai"S fo r 111 of the tbov tnd Pl'l rap Ci 4 of t • ST 10 , I E£R shall reufv froot th DISTRICT u fwll nt for all Pfrfo un r It• A o th 1 • Ullt o Thouulld Sf H~ ~ (SI, 00) Doth 10 • I • • • • • ENGINEER shall receive from the DISTRICT as full and complete payment for the work under Item 38 of the above SCOPE OF SERVICES the amount of Sixteen Thousand (SI6,000) Dollars. The cost to be assigned to each portion of Items 3A and 38 of the SCOPE OF SERVICES, in order that OISTRICT may contract for only specific portions of the SCOPE OF SERVICES are as follows: Item 3A: l.S 1,300 2.S 300 Total Item 3A: s 1,600 Item 38 : l.S 1,800 4.$ 300 7,$ 4,900 2. 1,200 5. 900 8. 400 3. 1,900 6. 1,000 9. 3,600 Total Item 38: s 16,000 11. CONTRIBUTION AMONG LOCAL ENTITIES . The cost for each jurisdiction for the work under this Agreement only are : ll. JURISDICTION DISTRICT SHERIDAN ENGLEWOOD COST s 8,800 s 5,870 s 2 ,930 A. DISTRICT shall contribute mapping at 2 foot con tours and 1" • 100' horizontal scale for the AREA . 8. DISTRICT shall contribute Eight Thousand Eight Hundred ($8,800 ) Dollar ; &OVER SHERIDAN shall con rl u e Five Thousand Ei t Hundred Seventy ($5,870) Dol hrs; shall contribute T Thou and Nl Hundr T 1 rty (S2, ) Dolhn . nt, DISTRICT, L EEl also agree to t te and provisions co ul ed In foll • put of h Agrt nt : A, STA o tr flOOD ZAIUl A (A Drt I EATI , Dlttd : rll 9, 1 2 , II • • • • B. Exhibit Maps, dated January, 19B3. 13. EXECUTION WHEREFORE, the parties have caused this instrument to be executed by properly authorized signatories as of the date and year first written above. (SE AL ) ATTEST: '--'" I (#h ..._ _..---- C/ l (SEAL) ATTEST : (SEAL) ATTEST: (SEAL) ATTEST : ENGINEER THE URBAN ORA IN AGE AND FLOOD CONTROL DISTRICT Bv ______________________ __ T1 le. ____________________ __ Date ____________________ _ CITY OF SHERIDAN By ______________________ _ T1tl e. ____________________ __ Date. ____________________ _ CITY OF ENGLEWOOD ~----------------------Title. _______________ __ Oltt ________________ _ • • • • ,. • ST ANDAR D GENERAL PROVISIONS Date : April 9, 1982 These STANDARD GENERAL PROVISIONS are a part of the AGREEMENT REGARDING MAJOR DRAJNAGEWAY PLANNING AND FLOOD HAZARD AREA DELINEATION entered into by the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT ("DISTRICT"), LOC AL GOVERNMENTS, and ENGINEER. GPl. RESPONSIBILITIES OF THE ENGINEER. ENGINEER shall be responsible for providing services in accordance with Paragraph 3 -Scope of Services and all other terms and conditions specified in this Agreement. A. Additional services requested by the DISTRICT which are over and above those identified in this Agreement shall be negotiated with the ENGINEER at the time they are requested. It shall be the responsibility of ENGINEER to identify to DISTRICT which services it considers outside of this Agreement and to obtain the concurrence of DISTRICT before proceeding with such work. DISTRICT will evaluate each item of work so identified, and, if it is determined by DISTRICT to be outside this Agreement, will either negotiate an 1 ndlllent to this Agreet~~ent, withdraw the request for extra work, or take other action. II, During the course of the rk, ENGINEER shall It the request of the DISTRICT, confer and advise officials who need specific i nforwtion r late•d, bu 110t 11•i ted to, any par icullr street crossings, or su divisions and develo nts up for approval IOh ich •i t affect or affect d by the r under this A nt. C. All of the s rvlcts perfoi"Md shall be t r sp(lnsib111t of D. fully local law 0 tar 11f1 allll all nga9H in ht strvlc s sha I I , . r S a t or re ,.t s all be DISTJICT. All lit 0 s I • • • • • - r,pz METHOD OF REVIEWING PERFORMAN CE . A. ENGINEER shall submit the work called for In Paragraph 3 -SCOPE OF SERVICES to DI STRICT for wr itten approval by DISTRICT's Executive Director or his designee . In cases where no written information Is required hereunder, ENGINEER shall furnish DISTRICT with wr itten statements concerning work accomplished at the appropriate times . DISTRICT will provide approva 1 or the reason for the lack thereof within fifteen (15) days after each subml tta 1. 8. ENGINEER shall provide a progress chart In the form of a detailed CPM or equivalent on no less than a monthly basts. Initial chart to be provided t o the DISTRICT for approvals within fifteen (15) calendar day s of Notice to Proceed. C. Prior to DISTRICT furnishing such approval to ENGINEER, DISTRICT wi ll obtain, as applicable, conments from the other Parties to this Agreement. GP3 . DIRECTION OF AGREEI'IENT EFFORT AND COORDINATION . A. Notwithstanding any of the provisions of this Agreement, the Executive Director of the DISTRICT, after coordination with LOCAL GOVERH?IENTS, shall be the only Indiv i dual authorized to direct or redirect the effort or, after coordination and approval of LOCAL GOVERNMEN TS , In any way amend or modify the tenas of this Agre-nt. B. DISTRICT NY appoint a Proj ect Director who shall represent the Execut lv Director In 11111t ers rellted to the rlt under this Agr n • C. E IHEER will 1ppolnt 1 Project "'n1ger who sh1ll direct the r I EER's r und r this A nt, D. DISTRICT Shill be responsible far coordln•tln lnfor111 ton with LOCAL GOVER NTS during th perforNnce of this Agrett~~ent. For eng n erlng s rvlce , £ GINEER sh1ll ret lv nu or c01011lt td In t pr ceding PlY pertad bu d on 1 perc nt1g of t • 11010u t of tl of tlllng 1nd JOUtullly 1 red upon htll ref n td to th ICI , T n (10) rc All bi111Pg I r '•••qrlo 3 • SCOP£ 0 ell w lei fr 7 ( 4 I • • • • • - payment until acceptance of the final published document(s) and the delivery of a 11 contracted i terns to DISTRICT. ENGINEER sha 11, for a 11 billings, keep work and cost records that will permit any comparison with required progress charts (Item GP2 .B) on such forms and in such rrlnner as will be sati sfactor y to DISTRI CT. GPS. OWNERSHIP OF DATA. The ownership of data, drawings , and information acquired, co 11 ected and documented under thl s Agreement sha 11 be vested so 1 ely in the DISTRICT, subject to a right held by LOCAL GOVERNMENTS of access to and reproduction of any such data drawings, information, or documentation, including the right to use, employ, furnish or supply said data, drawings, information or documentation to any corporation, partnership, person or other governmental entity not a party to this Agreement . GP6. TERMINATION OF AGREEMENT. This Agreenent may be terminated by DISTRICT, after consultation and approval of LOCAL GOVERNMENTS, upon seven days' written notice to the ENGINEER. In the event of termination by DISTRICT, ENGINEER shall be paid for services to termination date as mutually detenalned by DISTRICT, LOCAL GOVERNMENTS, and ENGINEER . This Agreement may be terminated by ENGINEER upon seven days ' written notice, end upon proper justification and for cause, to the DISTRICT and LOCAL GOVER ENTS. In the event of tennlnetlon by ENGINEER, the ENGINEER shall be paid for services perfonned to termlnat I on date as determined by DISTRICT and LOC AL GOVERNMENTS . All pertinent data, notes, celculatlons and drawings shall be surrendered to the DISTRICT by the E GINEER before final payment Is Nd GP7 . ~· DISTRICT Ny, fr0111 tl.., to tflne, request changes In the scope of services of ENGINEER. Such chenges, Including eny Inc rene or decrease In he e1110unt of £ GINEER's colllf)enn tlon or/end t 11111 of perfor~~~~nct, >mlch ere IIIUtuelly agr d upon b 1nd 1 ng DISTRICT, LOCAL GOYER NTS 1nd E GINEEit shall be lncorporettd In wdt t n nts to this A nt. GP8. I S ANC£. In perfo,.ln th r und r this Ag nt, ht £ Gl [It acts 1 '" Independent contrector, and ts solel ruponslble for nectssuy end n's c d ~ lnsurenct, wl n etfn In ur1nct 1nd Pf'' on1l Injury end p perty 11 11 s c " "'"' with tht huerds and rh s of th ". I (£11 shell procu,.. end .. h•tlin end n rtCW 1 rid b1 lew. lh ER hell p cu a rc n 11 ral lh 11 3 of 4 • I • • • • .. • his own expense during the life of this Agreement, which affords coverage for all claims for bodily injury including death, and all claims for destruction of or damage to property arising out of, or in connection with, any operations, work or services performed under this Agreement, whether such operations or work be b_v the ENGINEER, or by subcontractors under him or anyone directly or Indirectly employed by the ENGINEER or by a subcontractor under him. GP9. INDEMNIFICATION. ENGINEER agrees to indemnify and save DISTRICT and LOCAL GOVERNMENTS harmless from and against all claims, liability, damages, suits or all actions, as a result of a negligent act, error or omission which ~~~ay be brought aga lnst DISTRICT and LOCAL GOVERNMENTS for or on account of the work perfof'IM!d by ENGINEER under this Agreement. GPlO. ASSIGNABILITY . This Agreement Is for the expert professional services of the personnel of ENGINEER, and Is not assignable, save and except with the consent of DISTRICT and LOCAL GOVERNMENTS, who may withhold their consent a their option with or without cause. GPll. VENUE. Venue for any and all legal actions regarding the transa ction covered herein shall He In the District Court In and for the County of Denver, Stlte of Colorado and this transaction shall be govemed by the laws of the State of Colorado. GP 2. NON-DISCRIHINATIOIC In connection with perfono\ilnce of work and services under this AgreeMent, the E GI EER agrees not to refuse to hire, discharge, pr(JIII)te or deMote, or discriminate In Ntters of compensation against any person othen~he QUalified, solely because of race, creed, color, ex, age, national origin or ancestry. ' . • I . • • - ..... E.XHlBIT Sh tti a o ... oinag J • t Vici"i r Study 3J " • - C 0 U N C I L DATE June 2, 1983 INITIATED BY • • .. • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Plan ning of Sheridan Outfall System Director of Engineerin Services ACTION PROPOSED ____ ~C~o~n~sl~·d~e~r~8~i~l~l_t~o~e~nt~e~r_c~o~n~t~r~ac~t~w~it~h~U~rb~a~n~Dr~a~i~n~ag~e~an~d~-- Flood Control District for Planninq of Sheridan Outfall S stem. BACKGROUND The Urban Drainage and Flood Control District (District) established a work program for 1983 to continue to study and delineate flood hazard areas within the District. One such problem area, known as the Sheridan Outfall System, involves the City of Sheridan and the Englewood Golf Course. The District and the Cities of Englewood and Sheridan wish to cooperate in developing a solution to the drainage problems in this area. To this end, the three entities considered the hiring of an Engineer to render certain technical and professional advice and to compile information, evaluate, study and to recommend design solutions to the drainage problems. The entities interviewed several different engineers and selected Centennial Engineering, Inc. as being the most qualified to do this work. An agre nt (copy attached) was prepared by the District on behalf of the en ities, outlining the engineering services required. Following approval 11 p rties, C ntennial Engineering will b directed to develop several rna ive plans to solve th problem, per the agr e nt. Based on th ir •n r c nda ions, the District and th Cities will select the pre rr d rn ive and Centennial will do preliminary design for the selected alternative . r is $17,600.00. T e monies r quired from ach jurisdic ion follows : • I . • City of Englewood City of Sheridan District • • • $2,930.00 $5,870.00 $8,800.00 Englewood has $3,400.00 in the PIF Fund for this project. RECOMMENDATION A bill for Ordinance approving City of Englewood financial participation in the Planning of the Sheridan Outfall System is enclosed for your consideration . • I • • ORDINANCE NO.~---- SERIES OF 1983 • • - BY AUTH ORIT Y A BILL FOR COUNCIL BILL NO. 24 INTRODUCJl>_ B_Y 50~N C I L _ MEMBER~ AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FL OOD CONTROL DISTRICT, THE CITY OF ENGLEWOOD, AND THE CITY OF S HER ID AN REGARDING PLANNING FOR SHERIDAN OUTFALL SYSTEM BY CENTENNIAL ENGINEERING , INC. WHEREAS, the City of Englewood maintains a substantial 18-hole golf course within the boundaries o f the City of Sherida n ; and WHEREAS, the Urban Dr ainag e a n d Flo o d Cont ro l Di s t rict (District), the City of S herida n (Sh eridan), and the City o f Englewood (Englewood) desire to engage Centennial Enginee r in g , Inc . (Engineer) to render certain technical advice, compile inf o rma t i on , evaluate, study, and recommend de s ign s olutio ns t o s u ch drainage problems as exist within the Sh eri da n drai n ag e area; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN CIL OF TH E CI TY OF ENGLEWOOD, COLORADO: Section 1. That an agreement titled "Agreement Regar d i ng P lanning of Sheridan Outfall System (Agreement No. 83-3.2)" between the Urban Drainage and Flood Control District, the City of Sheridan , the City of Englewood, and Cent en n i al Eng in ee r ing, Inc ., consisting of a total of 16 typewritten page s plu s a one-page ex hibit (consisting of a map), is hereby appr o ved by the City Co uncil of the City of Englewood. Said agreement generally pr ov ides as follows: A. That the parties employ En g ineer to pe form service. in the Sheridan drai n age area. B. The p ro pos e d wo rk shall include , but not be limit d to, comp ila t ion of e x is t ing da ta , necessary field work, development nd valuation of all reasonable lternatives so that the mo t feasible drainag and flood control pl ns can b det rmined nd jus ified for the area . c . The proj ct .hall be coordinated by th Oistric 1th r presentati v es of Engl wood nd Sheridan. D. The Engin er .hall utilize the crit ri , r qu rements nd policie of Dis ric to dev lop alte n tlve outfall s etc pl n , taking in o ccount th 100-ye r .tom. 1 • I • - • • • • E. The total sum to be paid Engineer shall be Seventeen Thousand Six Hundred Dollars ($17,600) to be paid as follows: District -$8,800; Sheridan -$5,870; Englewood -$2,930. Section 2. A copy of said agreement is attached hereto, marked as Exhlblt A, and incorporated herein by reference as though set forth in full . Section 3 . That the Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest said Agreement for and on behalf of the City of Engle wood , Colorado . Introduced , read in full , and passed on first reading on the 6th day of June, 1983. 1983. Published as a Bill for an Ordinance on the 8th day of June, Attest: Eugene L. Ot1s, 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, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of June, 1983. 2 • I • • • • • AGREEMENT REGARDING PLANNING OF SHERIDAN OUTFALL SYSTEM (Agreel'lent No. 83-3 .2) THIS AGREEMENT, made this ____ d.ay of -------• 1983, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (herei nafte r called "DISTRICT"); CITY OF SHERIDAN (hereinafter called "SHERID AN "); CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter ENGLEWOOD and SHERIDAN collectively shall be referred to as "LOCAL GOVERNMENTS"); and Centenntia l Engineering, Inc., a profes sional enginee ring firm (hereinafter called "ENGINEER"). WITNESSETH THAT: WHEREAS, DISTRICT has previously established a Work Program for 1g93 (Resolution No. 49, Series of 1982) whi ch includes master planning and the delineation of flood hazard areas; and WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bod i es which hue hHetofore enacted flood plain zoning measures; and WHEREAS, DISTRICT has heretofore instituted an Urban Systems Engineering Dei'IOnstration Program (Resolution No. 19, Series of 1970) to identify drainage bnins and sub-basins and th drainag problems connected therNith within the DISTRICT: and EREAS, DISTRICT, and LOCAL GOVERNMENTS desire to engage ENGINEER to r nd r certain technical and professional advise and to c~ile infon~~~tion, evaluate, studv and to rec011111end design solutions to such drainag problMS which are in the best interest of involved parties and ag ncies; , THEREFORE, in cons! ration of the 11111 ual pr001ises contained herein, the Parties h r•to aqree as follOW1 : 1. ENTS~rya to perfon1 th ~trvlcts h ntinafter 5tt for 2. A EA. £ I [£R s ell perfo or s~pply all necenery ervfcts proYidtd d r lhh ct ton with and r spectlng SH RIDA.'. dratne ar 1 • h on t etuch d tahf I .. II dll d • • • • • - DI STRI CT will prov i de mapping of the stud_v area at a s cale of I " • !D O' and a contour interval of 2 feet for the AREA . Mappin g wil l be prov i ded on 22" x 34" plan my lar sheets. 3. SCOPE OF SERVICES The proposed work sha 11 include, but not be 1 imited to the comp11 a t i on of existing data, neces sa ry f i e l d work, de velopmen t and con si sten t evaluation of all reasonable alternates so that the most feasible drainage and flood control plans can be determined and j ustified for the AREA . Consideration shall be given to costs, existing and proposed land use. exi s ting and proposed drainage systems, known drainage or flood problems, right-of-way requirements, open space benefits , and legal requ i rements . Conceptua 1 a 1 tern ate p 1 ans wil l be dev e 1 o pe d and s o presented that sequential work items wi ll follow in a logical order, interdependenc e one upon the other will be clear, and where an alternate exists on any item, it will be specifically pointed out . Full coordination will be effected with staff members of DISTRICT and LOCAL SPONSORS, the J ffec ted public, and specialty consultants that may be employed by ENGINEER . Basic conceptual alternates will be presented in such a .. nner that each is C0ft11lete i n i t s ent i rety and comparison with other alternates is clear and possib l e with 11i ni..,.m effort . Dra i nage systetn planning will be done in a continuous effort by ENGINEER culminating in 1 single forma l planning report . A s i ngle outfall s ystem alternate will be s elec ted by DI STRICT and LOCAL SPON SORS during the c ou rse of the s tudy and EN GINEER wi ll prepare 1 pre li11in ary desi n for the selected alte rnati ve. The de t ail e d scope of serv ice are n foll ows: A. (1) et initially and bf-ly th reafter or wll n r ouut d b DISTRICT with the representltives of DIST RICT and LOCAL GOVERNMENTS to : a) Insure c .plilnce wi t h t h ~ services required by t hi agr nt . I • • • • • b) Obtain existing data and general information from participating entiti es who will provide full as sistance . c) Solicit desires of parti c ipating entities and other interes t ed agencies or groups i n order to develop alternate plans. d) Procure current infonnation relati ve to devel o pment plans in the basin . e) Procure infonnation relative to right-of-way 1 imitations and potential hazards due to fl ood i ng. f) Avoid duplicat i on of effort whenever possible by utilizing existing information available from other agenc i es. (2 ) ENGINEER, after consultation wi th DI STRICT, s hall conta ct Colorado State Department of Highways, U.S. Corps of Engineers, U.S. Geol o gical Survey, Federal Eme111ency Milnagement Agen cy, Soi l Conservation Service personnel and other individuals or agencies i dentified who have pertinent knowledge and an interest in the area under consideration . B. OUTFALL SYSTEM PLANNING ENGINEER, utilizing the c r i ter1a r quir-nts and policies of DISTRICT, LOCAL SPONSORS and other appli c able State or Federa l agencies, shall develop alternate outfall sketch plans . Upon selection of 1 most desirable alternate by LOCAL SPONSORS and DI STR ICT, ENGINE ER sha ll de vel op a prel11'11 nary design for the selected ou t fall syst alternate and prepare a f i nal N ste r pl an report. E GINEER shall d velop all ston1 se r a lterna tes based on a syst capable of intercepting and conveying 2-year a nd whtrt ston1 dralna crlter 1 requirt , 5-year design sto"" 11 1 thout detent I on. Th 100-vear s tona shall be a ddressed through th ust o alttrflates that >~ill lnclud on-si te detention, reQional d tentlon, cOI!Iblnatlon of d en t lon systfj!IS, street rla~t-of->~IV capac! In, dralnag channels and resi dua l fl ooding. £NGI.££R hall alsn d velo detention crltPrll fo r ARE A If • I • -• • •' • on-site detention alternate is selected for the control of 100-year desiqn stonn. More specifically the work will include, but shall not necessarily be 1 imited to: (!) ENGINEER shall define the basin and sub-basin boundaries. Hydrologic studies shall be perfonned to determine: a) runoff hydrographs for each i ndi vidua 1 sub-basin; and b) runoff hydrograph at each hydrologic point, defined by the ENGINEER and approved by DISTRICT, by routing and combining individ ual hydrog r ap hs by a method acceptable to DISTRICT. This hy drologic information will be compiled for the 2-year, 5-year and the !00-year recurrence interval under existing and future basin conditions as projected from planning and zoning maps compiled with the assistance of LOCAL SPO SORS. Affects of on site detention will be clearly identified. The peak flows and volumes shall be evaluated for reasonableness. Hydrology calculations shall be presented to DISTRICT for review and approval upon completion. (2) Hydraulic calculations shall be perfonned for the design of the outfall drainageway system alternates capable of conveying a peak runoff rate resulting fr011 the design recurrence interval stoi'IIIS. The hydraulic calculations NY need to accoun for he effects of on site detention or regionalized d t~ntion . These calculations s~all be CCIIIPlete to the extent of atUinin at the least : a. Definition and ustlficatlon of proposed h111rov nts. b. Oettl'!llnation of capacity of proposed conduits, culverts, c1 ten ion flc111t1ts and c anneh. c . De tnolna on of cost o alternltt. cl. De '"'I nat ion of r ui red rl -of t. T pleat phn , profilts and cross· tction, conduit sins and, ff approprhtt, d t ntlon pond sh1"9 for ach reac of t t bast alt rflttfS . (l) [ 1~££ S 111 1fy t•ht1119 111d pot nthl drtlna p u 1 ~yd v and h r ulic d fined 1 11 ) • I • • -• • • 3B(2) a bove. ENGINEER shall evaluate alternates for th e outfall drainageway system. Schematic layouts at a s c ale of l-inch equals 800 feet and preliminary cost estimates (including right-of-way costs) of the alternate plans, as conceptually developed by ENGI NEER will be presented to the interested parties a s seMbled as a group at a presentation meeting. Following selection by DISTRICT and LOCAL SPONSOR S of the best alternate plan, ENGINEER will proceed with an evaluation of the selected alternate and develop a preliminary design. (4) ENGINEER shall consider the operation and maintenance aspects of each of the best alternate plans, relative to : a . Erosion control b . Cl eaning and removal of debr is and sed i ment s c . Repair of structures d . Shearing of channels where pipes daylight e. Re-seeding and planting of grassed areas f . Access t o entire length of dra inageway (5 ) ENGINEER sha ll bec ome cognizant of the so il characterist i c s of the bas i n and will obta i n ava l llble SCS soil survey Nps. I f ENGI NEER feels s oil s amp l es are necessary to detertll ne f e asi b ili t y of any altemate , he sha ll so recOI'I'Iend t o DISTRICT. Detailed s o il an a lys is , ff needed, wfll be provld d by DIS TRI CT. (6) l GI NEE sha ll cond uc t all hy draul ic ana l s e f o r prelhofnai"V d sfgn using t he approved draintge and flood control poltcy and criteria. (7) All dra fngs of th stltcted alttrnHt ahall u sta11dard DISTRICT title blCK fon~~~t a d s a ll be preptred at a sctle o 1-fnc eouah 100-fttl on zz• • 34" llr ts. All profiles th shall pr pared at a rtzontal ult of 1-111ch • IOO·f l·lnCII • JQ.t • anct rttcal cale of • -• • • (8) If the selected alternate requires, ENGINEER shall develop basinwide on site detention requirements. Detention requirements shall be clear and will define the maximum allowable peak discharge from different sized bas ins and will also define the minimum volume the detention facil ities will need to store at the maximum allowable discharge. In developing detention requirements, consideration shall be given to sub-basin size, soil characteristics, the proposed outfall system and the extent of ultimate development, namely, the percent of impervious area within a development . (9) ENGINEER shall prepare a written report which will include, but will not be limited to, the following: a. A brief statement to clarify the ENGINEER 's understanding of the Agreement and any action tak en by the entities involved that modified, limited or expanded such understanding. b. A map dl!p icting the drainage basin, sub-basins, and jurisdictions involved. c. Maps at 1 mini-scale of 1" • 800' schetnatically and clearly dep ict lng the be st al temative plans . d. A written description clearly describing the best alternate plans on a reach-by-reach basfs, their esti1111ted costs and all kn<*ll Information that NY affect their hop! ntatlon and effectiveness. e. A s-ry of data obtained fro~~~ DISTRICT, LOCAL SPDNSOitS and others. f. AI: n ledg nt of stora dralna • criteria, data, 1nd o r In o,...tlon o t1ln d f DISTRICT, LOCAl. HI w y D4rptr nt, U.S. A~ Corps of [f19 n ers, U.S. GeologiCil Survey , Soil Conserv1tlon S rvlce, Stitt Engineer, 1nd othns. g. S ry of flndfn h . Pn f nt ChlrU, rephs, end 1111 rill utilized • • I • -• • • i. A section describing drainage system criteria under which it was designed and, if needed, the on site detention requirements . j. A brief explanation of the soil and rationa l e for recommendations relative to spec ial needs, if an y , for trenching and backfilling, protection of inlet and outlet areas, and any other items requ i rf ng consideration. k. Typical samples from the hydrologic and hydraulic study, i nc lud ing typical hydrograph s and hydraulic calculations as sembled in an orderly fash ion, relat i ng to specifi c de si gn points (or other satisfactory relat ionship), wh ich wi 11 enable the local government staff s to interpret them effectively. l. Discuss the operation and maintenance aspects of best alternate plans . 111. Reference to all calculations and 1111terials used by ENGINEER. n. A detailed coH est f1111te for the alternate selected for prelfaf nary design. The estf1111ted cos ts should be dfv fded Into drai nageway fmprovet~~ent costs ( dra fnage costs), traffic costs (street crossing cos ts ), utility relocation costs, and property acqu isition costs. Indica t e the percentages utilized for con t ingencies, engfneerfn , legal and ad infstratfve. o. A prellafnary d sign of drainage facflftfu originally prepared on 2Z" I 34" plan drawings fn fn on NpS havfng a horizontal scale of I" • 100' and eparate profile sh u It I" • 100 • horhontal and 1" -10' v rtfcal scales. T e c~leted duwfngs wfll d pfct : Shu, types, and capacities of •prov 11ts; slo of chann ls, culv rts, and conduits; location of utflf 111 In tht n rel area terafn d fi'OIIavafhble utflft locatt IIIIP ; chaM 1 ban eleva tons rt • I • • • • • • appro pria t e. The plan shall show right-o f-way requ i red fo r acquisit i on, but shall not include survey descriptions or parcel locations. Typical sections and special details will be shown on same or separate sheets, as appropriate. In preparation of drawings , ENGINEER shall us e drafting techn iques and 1 i ne weight s as appropri a t e to insure the produc tion of cl ear and legible pri nting at a f i fty perc ent reduc ti on fn scale. p. Of sc uss pr i or ity of improvements. Improvements that can be impl emented independentl y s hall be desc ribed . q. Discuss the decfsfons reached by DISTRICT and LOC AL SPONSORS d uring the study that resulted f n the selected plan. r. The infonnatfon i n the repo r t will be sequentia l , orderly, and d i rected to DISTRICT and LOCAL SPONSORS . The report will consist of one plastic comb bound volume. The fir s t part of the report shall contain the narrative and the second part will contain the drawings reduced to 11" x 17 ". Specified nUMber of draft copies of the final report will be submitted to DISTRICT for review purposes . ENGINEER will print final copies after review and 1cceptance by DISTRICT 1nd LOCAL SPONSORS . DISTRICT reserves the right to reject the printing f f ft results fn 1 los s of legib11fty fn ba c kground, contours , l i ne work, l ette r i ng, or of exa c t sc1le It 50 perce nt red uction. Speci f i ed nUIIbe r of copies of the COfllllleted report sha ll furnis hed t o DISTRICT. s. One cop of 111 pertinent ulcuht1ons 111d referenctS toN erfals used 1nd Ollt set of orfgfn1l ttxt and 11 Iars of 111 sheets 111 lng up th• repo r t and 111 111t1l prfnlfng phtes shill be furnish s to DISTRICT. P rtln n calculltfon to provld to t DISTRICT Shill bt 111 • d 1nd Shill c ntafn only ffn1l • • I • • • • • calculations. All non-pertinent preliminary calculations, duplications, or items that would detract from the clarity of the submittal shall not be included. 4 . PUBLISHED REPORTS. The ENGINEER shall provide the DISTRICT with copies of the draft and final reports. Specifically, as a minimum, the ENGINEER shall prov i de copies of the following reports : Report Number of Copies Draft Master Plan Report Final Master Plan Report 6 60 5. PERSONNEL. ENGINEER represents that it will use as a minimum the following personnel in performing the services under this AGREEMENT : Name Res pons ibil itv Richard F. Sparlin, P. E. Paul W. Stowell, P. E. Wayne C. Dunk 1 e Princi pa 1-In-Charge Project Manager Project Engineer C fn the above personnel may not be 1111de unless COflditfons t e control of ENGINEER develop, i n wh ich cue cha~ in a 1 My be 1111de only upon advance writtett approva l ,::..:.:.:...:;.....;..;===c::C.::oE. Item 38 of this Agre-nt shill rk DJST ICT and LOCAL SPOMSORS the sc tf c h DIS IC •• ~othoch"' Suppc!rtfng fnfonMtion, of the fea iblt ow a 1 al•t h s all be completed wfthfn Forty-ffv 11 111 retefpt of Notice to Proceed. DISTRIC al'd l will eve Thirty (30) calendar days o select • final fall y t alttmate. Aft r selection of altema , £ I [I will a frty (30) nl dar days to comp1e e t pi"'ftlt ur• ys and draft ttr plannfn report lnd to ubllit ft to DISTIICT. DISTRICT and LDC S SORS wf11 have T nt -On (tl) days revf dra and to p ov1 nts to E I EER. £ I £11 shall llav T nty-o Ill) cal nd1r d vs to corr ct he drift and su It t specffitd r of c 1 s o OISTAICT. o perforMnce will .. 11 • • I • - - • • • ltet'l Develop Outfall Alternates • • • Nunber of Da vs 45 * Select Outfall Alternate 30 Subnit Draft Master Plan Report 30 * Review Draft Master Plan Report 21 Correct and Print Final Report _1.!_ * TOTAL 147 *ENGINEER 's De1dl1nes 7. FORMAL PRESENTATIONS. ENGINEER shall make no formal presentations in connection with this aareement. ENGIN££R will meet informally at DISTRICT request. If formal presentations are deemed necessary at a later dete, ENGINEER will be reimbursed on a "cost plus• basis for additional fonnal presentations, wnich conoensation shall not exceed the waqe s oaid in connection with the additional formal presentations tillll!s 1 factor of 2.5, plus, all direct expenses at cost. 8. REPORT DISTRISUTIOH. DISTRICT wfll furnish the LOCAL GOVERNMENTS with the following nulllber of copies of the various reports pr~pered by the ENGINEER: 9. 10 . Jurisdictio SHERIDAN ENGL£WOOO Report and ulllber of Copies DRAFT rl NAL REPI)IT 20 10 Addftfonel copfe of eny of the reports wfll be 101de enfhble to the LOC AL GOVE NMENT$, provided sufffcf nt nU!IIber'S ere evefhble fn DISTRICT ffles o Pf,..ft d1strfbut1on It t of th request. T uu~d Sh Hundred (U7,600) Doll1rs for ell oft"-ebove servlcts ~b c to r COP Or Doller • tltd jltrtgreph ll 4 of t [RAl E ltj R 111 tl fi'OII tht DISTRICT n full nt for ell rt Pfr'fol"'lltd un r It• 3A of til abov VIC£ , t 11nt of ultdl'ltd (SI, 00) 10 • I • • • • • • • • ENGINEER shall receive from the DISTRICT as full and complete payment for the work under Item 38 of the above SCOPE OF SERVICES the amount of Sixteen Thousand (SI6,000) Dollars. The cost to be assigned to each portion of Items JA and 38 of the SCOPE OF SERVICES, in order that DISTRICT may contrac t for only specific portions of the SCOPE OF SERVICES are as follows : Item 3A : l.S 1,300 2.S 300 Total Item 3A : 1,600 Item 38 : 1.S 1,800 4 .S 300 7.$ 4,900 2. 1,200 5. 900 8. 400 3. 1,900 6 . 1,000 9 . 3,600 Total Item 38: s 16,000 II. CONTRIBUTION AMONG LOCAL ENTITIES . The cost for each jurisdiction for the work under this Agreement only are : 12. JURISDICTION DISTRICT SHERIDAN ENGLEWOOO COST s 8,800 s 5,870 s 2,930 A. DISTRICT shall contribute mapping at 2 foot contours and 1" • 100 ' horizontal scale for the AREA . B. DISTRICT shall contribute Eight Thousand Eight Hundred ($8,800) Dolhrs; SHERIDAN shall contrl bu e Five Thou sa nd Eight Hundred Seventy ($5,870 ) Dolhrs; ENGLE shall contribute T Thousand Nl n Hundred Thirty (S2,930) Dolhrs. u lng t Is A,r nt, 01 SlllCT, LOCAl contain d In th foll lnq docu _nt which I'"« h4! lth .. d 1 ptr of this Ag.-. nt : A. STA OAR G£',£ftAI. PROVISI FlOOD AlAR:~ AR£A OH I tA II OR DRAIN 'AY Pt.A IN MD O.ted : April t, I l. • ) • • • • B. Exhibit Maps, dated January, 1983. 13. EXECUTION WHEREFORE, the parties have caused this instrument to be executed by properly authorized signatories as of the date and year first written above . (SEAL) ATTEST: (__ ,-.:'·tie '"' ~ ( l ./' (SEAL) ATTEST : (SEAL) ATTEST : (S£ ) ATTEST : If ENGINEER By ac-n~L-....Jt Title f'..e J , J -J- Date S //t./,{3 . THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Bv ______________________ ___ Tit 1 e. ___________________ _ Date. _____________________ _ CITY OF SHERIDAN By __________ _ T1 tl e. ___________________ _ Date _____________ _ CITY OF ENGlEWOOO By, _________________ _ T1tle:__ __________ _ Date. ______________ _ I • • • • • • • ST ANDARD GENERAL PROVISIONS Date: April 9, 1982 These STANDARD GENERAL PROVISIONS are a part of the AGREEMENT REGARDING MAJOR DRAINAGEWAY PLANNING AND FLOOD HAZARD AREA DELINEATION entered into by the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT ("DISTRICT"), LOCAL GOVERNMENTS, and ENGINEER. GPl. RESPONSIBILITIES OF THE ENGINEER . ENGINEER shall be responsible for providing services in accordance with Paragraph 3-Scope of Services and all other terms and conditions specified in this Agreement . A. Additional services requested by the DISTRICT which are over and above those identified in this Agreement shall be negotiated with the ENGINEER at the time they are requested. It shall be the responsibility of ENGINEER to identify to DISTRICT which services it considers outside of this Agreement and to obtain the concurrence of DISTRICT before proceeding with such work . DISTRICT will evaluate each item of work so identified, and, If it is determined by DISTRICT to be outside this Agreement, will either negotiate an ar¥ndment to this Agreement, withdraw the request for extra work, or take other action. B. During the course of the work, ENGINEER shall at the request of the DISTRICT , confer and advise officials who need specific lnfonMtlon rela ed, but not ll•ited to, any particular str t crossin s, or u divisions and dev lo nts up for approval wh it •i affec or affected b nt. C. All of t e uorw1c s perfo~ s nsibll ity of IIPI"''Ic 5 5ha 11 r 1 t or D. local law 0 t ,., • It • s all bt OISTIIlCT. All by • - • ' ' • • - r,pz METHOD OF REVIEWING PERFORMANCE . A. ENGINEER shall submit the work called for In Paragraph 3 -SCOPE OF SERVICES to DISTRICT for written approval by DISTRICT's Executive Director or his designee. In cases where no written infonnation Is required hereunder, ENGINEER shall furnish DISTRICT with written statements concerning work accomplished at the appropriate times. DISTRICT will provide approval or the reason for the lack thereof within fifteen (15) days after each submf tta 1. B. ENGINEER shall provide a progress chart In the form of a detafled CPM or equivalent on no less than a monthly basis. Initial chart to be provided to the DISTRICT for approvals within fifteen (15) calendar davs of Notice to Proceed. C. Prior to DISTRICT furnishing such approval to ENGINEER, DISTRICT wfll obtain, as applicable, COI!IIIents from the other Parties to this Agreement. GPJ. DIRECTION OF AGREEMENT EFFORT AND COORDINATION. A. Notwithstanding any of the provis ions of thfs Agreement, the Executive Director of the DISTRICT, after coordination ~<lth LOCAL GOVERNMENTS, shall be the only Individual authorized to direct or redirect he effort or, after coordlnltlon and 1ppronl of LOCAL OOYE IllS, In any " y 1 nd or 110dlfy the tt of this t. I . DIST ICT .. IPPOint 1 Project Director ltllo s 111 rtpres Olrec or n 11111 ters related to t r\ 11 c. ( 0. 01~ for co nllnatl h• oraett ~<ltl\ LOCAL -. .... L .. '"T durl"f t t , I t • • • - , ( • • • payment until acceptance of the final published document(s) and the delivery of all contracted items to DISTRICT. ENGINEER shall, for all billings, keep work and cost records that will permit any comparison with required progress charts (Item GP2.B) on such form s and in such manner as will be satisfactory to DISTRICT . GP5 . OWNERSHIP OF DATA . The ownership of data, drawi ngs, and information acquired, collected and documented under this Agreement shall be vested solely In the DISTRICT, subject to a right held by LOCAL GOVERNMENTS of access to and reproduction of any such data drawings, Information, or documentat ion , including the right to use, employ, furnish or supply said data, draw i ngs, informa ion or documentation to any corporation, partnership, person or other gove...,_ntal entity not a party to this Agreenent. GP6. TERMINATION OF AGREEMENT. This AgreeMent may be temlnated by DISTRICT, after consultation and approval of LOCAL GOVERNMENTS, upon seven days' wr itten notice to th r I EER. In the event of temlnatlon by DISTRICT, ENGI NEER shall be pa id for services to termination date as 11111tually dete,..lned by DISTRICT, LOCAL GOYER HTS, and ENGINEER. This Agree<¥nt NY be terminated by ENGINEER upon seven days ' wr itten notice, and upon proper justification and for cause, to the DISTRICT and LOCAL GOYER NTS . In the event of tenotlnatlon by ENGINEER, the ENGINEER shall be oald for services perfonaed to tenotlnatlon date as deter~~lned by DISTRICT and LOCAL GOYU NTS. All pertln nt au. notes, calculations and drtwln s s all be UITtfl red to t e DISTRICT by the E lNEER before final PI nt is Nde. '"· ~· OISTitiCT Ny, fi'OII tillt to ti , reouest c a~ s in t e ICO 0 rvlce of E Ill U . Such cha~ s, lncludln any l~~e,..tu or reau II n ati or/and o perfo,...nc , ic are nt DISTRICT, LOCAL lblt or c nary and • lnJwry llld pr rty a • • I • I ( • • • • his own expense during the life of this Agreement, which affords coverage for all claims for bodily injury including death, and all claims for destruction of or damage to property arising out of, or in connection with, any operations, work or services performed under this Agreement, whether such operations or work be by the ENGINEER, or by subcontractors under him or anyone directly or indirectly employed by the ENGINEER or by a subcontractor under him. GP9. INDEMNIFICATION . ENGINEER agrees to indemnify and save DISTRICT and LOCAL GOVERNMENTS harmless from and against all claims, liability, damages, suits or all actions, as a result of a negligent act, error or omission which may be brought against DISTRICT and LOCAL GOVERNMENTS for or on account of the work performed by ENGINEER under this Agreement. GPlO . ASSIGNABILITY . This Agreement Is for the expert professional services of the personnel of ENGINEER, and 1s not assignable, save and except with the consent of DISTRICT and LOCAL GOVER ENTS, who may withho ld their consent at their opt 1 on with or wl thou t cause. GPll. VENUE. Venue for any and all legal actions regarding the transaction covered herefn shall lfe in the District Court in and for the County of Denver , State of Colorado and this transac fon shall be governed by the laws of the State of Colorado. GPlZ. 11011-DISCRIMINATIOIC . In connection wfth perfo!"llllnte of work and se,...,ices under thfs Ag~t. the ENGINEER agrees not to refuse to hfre, discharge, p~te or ~te, or dfscrf11inate In •tters of COIIpf!nntion against any person otherwise QUalified, solely because of race, creed, color, sex, age, rw~ttonal orfgtn or ancestry. • • • • • Pci,.,CIIIINT u.-u t'~' "''• ,.,,r • • • . •.. EX HIBIT Sh rida" (. v,,.,,nr Dra inag e Study J•ta ''8J • . , • • • • • • • ? H . BY AUTHORITY ORDINANCE NO·.~---- SERIES OF 1983 A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER e-r;Lc AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MA INTE- NANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is desirous of entering into a contract with the Stat e of Colorado, Department of Highways, which requires the City to maintain traffic control devices on state highways and receive payment from the State of Colorado; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and mainte- nance of traffic control devices whereby the City shall install, operate, maintain, and control, at State expense, traffic control devices on state highways within the City of Englewood, which contract is attached hereto, consisting of eight (8) typewritten pages, and incorporated herein by reference. Said contract provides as follows: 1. The contract dated September 28, 1981 is null and void. 2. The City, as contractor for the State, shall provide the manpower, equipment and servic s necessary to operate and maintain certain traffic control devic s on state highways within the City limits, as det rmined and directed by the State. 3 . The City shall noti(y th State of those devic s maintained. 4. Th total cost for said ervices shall be paid by the State to the City nd shall not exc ed ifty Thousand Dollars ($50,000). The rates charged by the City for said servlc s shall b s aet forth ln xh blt s o th e contrac • 5 . on Uni or Th tra f c control dev ces shall confora to the •Manual Tra f1c Control D vie s• and the •color do uppl aent.• The ieiency to nd the State duct th State reserves b brou ht 1n o e r serve th r gh 1 eoa h re or ht to monitor and r quire any ance within r on bl to corree any d ei ney nd coa the paya nt to t C ty. • ) I • • • • 7. The City shall maintain adequate records to insure that traffic control devices are properly performing their function. 8. The City shall hold the State harmless, so far as it legally may, for the actions of the City's employees or agents. 9. The Division of Highways will be responsible for monitoring this contract for the State. 10. Special provisions included in said contract include approval by the State, availability of State funds, bond require- ments, Colorado labor preference, requirement of compliance with all State laws, and that the signatories aver that no State employee has any personal or beneficial interest whatsoever in said contract. 11. Said contract shall remain in effect until such time as State and City desire to change the rates as shown on Exhibit B or change the total charges as shown in paragraph 4 of said contract, which desires changes shall be submitted to District Engineer by March 1 of the designated year. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his naMe to said contract for and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Introduced, read i n full, a nd passed on first reading on the 6th day of June, 1983. Published as a Bill for an Ordinance on th 8th day of June, 1983. Eug e n e L. Ot is , May o r Attest: ex officio City Cle r k-T r easurer I , Ga r y • Higb e, e x offlc o City Cle r k-T r aaurer o the Ci y of ngle wood , Color do , hereby c r lfy t h at he abov e and oregolng la ru , acc u r a te nd compl copy of a lll fo r n Or dinance , ln roduc d , re a d ln ull , and p a d on lrat reading on the 6 h day o · Jun , l 8 • • ) • \ • • .. • .!u .,..., "'"' •• ~ ••• j .... \... l I,S~!lA'l'C: HILL 8) CONTRACT KOUTING NUMUEK • • , CONTRACT ntiS CONTRACT , made thts ___ day of 19 -·by and bttwren the Statr of Culnrad u for th t uY: and be:ndit uf THL STATE QFP/\R'l'MENT OF HI GH WAYS. OIV I SIOtJ OF HI GHW AY S hrrr1nafttt rdtm:d to,, the State , and the CITY Of ENGLEt·JOOp STATE OF CO LO!l.J\00 htttinahrr rdrned to u the cunt~c:tor , WIIERI:.AS , aulhunty tanh m the Uw ,.ntJ .. umh havt: bun bud~&ttcll , a pprupnau~d ~nd olht"""lt.t made av~:lablt tnd 1 sufricttnt unencumbered bJitnct thereof remains avaUablt for payment In Fund Number -l.Q.Ql_, C /L Account Number~. Contract Encumbnnct Numbtr~. and WHEREAS , rtquirrd 1ppronl. durance and eoordination hu bun ac:complkMd from aRd with appropriate aatndu , and WIIEREAS , this contract is executed under authority of Sections 42-4-502, 43-l-106 , 43-2-102, 43 -2-135 and 43-2-144 , C.R.S. 1973, a s amended and an applicable ordinance or resolution has been duly passed and adopted by the Contrac tor , marked Exh ibit "A", attached hereto and ma de a part hereof, and wm:REAS, Section 43-2-l35(i) C.R.S. 1973, as amended provides that the State shall install, operate, maintain and control at State expen s e all traffic control devicea on the atate highway system, within cities and incorporated towns; and WHEREAS , the State doea not have the neceaoary equipment and manpower to operate and caintain the traffic control devicea; and WHEREAS, the contractor haa adequate facilitiea to operate and maintain such traffic control devicea. NOW, THERE FORE, it h hereby agreed that: l . The contract dated September 28, 1981 ouperaeded and merged into thia contract . ia hereby 2. The contractor ahall provide the manpower. equip- ment and ae rvicea necoaaary to operate and ntain ccrt~1n traff1c control dcv1 e• un 5t4te highwaya within the city lim1tl, ac determined by the State , nd directed ), The contractor ah 11 fr ti to t1•e in con- 1 ltat1on with and ~ on advice and approva l ot the tate, provide the tate w th llata luent1!yina the pecif c traff c ontrol dev e• to be operated and tn~ained by the contra tor during th t r o ttas t !Hr. t. • I r' ' ., I '·. I o ,. I • - l· I • ' ··~ • • ,. • 4. The rates to be charged by the contractor under L:hL:, ac,n:cmcut :.da.Jll Ut! a:.. ~{.!L for t h 111 Exhibit ''B'', attached hereto and mad e a part hereof pro- vided tha t the total charges to be paid by the State during each fiscal year of the con tract term shall not exceed $---~5~0~0~0~0~·~0~0 __________ __ The rat:c s in Exhibit "B" shall remain constant throughout the term of this contract and s hall be subject to State audit at ·any time during normal businen s hours. The contractor will bill the State monthly accordl.n g to the rates as set forth in Exhibit "8", and the State will pay such bills within 60 days. 5. The traffic control devices shall be ma intained in conformance wi th ap plicable porLions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto , referred to collectively aa the "Manual" and incorporated herein by reference . 6 . The ~tate reserves the right to determine the quality and adequacy of maintenance under this contract. Any da!icienciea will be brought to the attcnt on of the con tractor and a rea - aonable time w 11 be allowed f o r compl ance . In the event tha contractor, for any raaaon. doaa not or cannot comply. the State raaervaa the right to do the wo r k or have the work dona by othera and deduct the actual culL fro11 th aub•equcnL paym nta to th e contractor. 7. Tha contractor w1ll aainLa n both operational and coat recorda aa tha P•rtlea hereto .. Y fro ti to ti ar•• upon •• ba na nacaaaary to datermint tha adequacy of the control device•, both opart- tiona ly nd -.chan ca tan ed funct1o~. Sa d recorda hal ba ava labla 1.1t1rt in hour a ... I .· ' . ,. ' '·, 1 . ' ·~ I • -• • • 8. The Division of Highways will, through i ·ts I.H~Lrict lngilll.!l:r , lH.!. n .::.opunsiLlc for monitoring this contract for the State . All correspondence and billing• should be addr~ssed to him. The District Engineer's address for this contract is . R. J . Brasher, 2000 So . Holly, Denver, CO 80222 9. This contract affirms the permission granted to the contractor to maintain the traffic control devices pursuant to Section 42-4-502(2), C.R.S . 1973, as amended. 10 . This contract shall remain in effect until such time as the State or contractor desire s to change the rate&, an shown in l::xhlbit "U" or change the total charges as shown in paragraph No. 4 where- upon chi• contract will be super•eded and a new contract signed. Should change• in rate• be duired, e reviled Exhibit "B" shall be aubmitted to the District Engineer by March l of the ., de•i&nated year . ll . The Special Provi1iona which art attached hereto are mode a part of this contract . ·l· • I I I I 1 •i ' ~ , ' ·;h l •·'· I ... . \ •• .. ··I ' • • - , • • • IN WITl~I::S S WHEREOF, the parties hereto ha ve caused the fore- go i nB con t rac t Lo bu oxccutc d tb c day and yua r fir s t ab ove written . 1\l"!'EST : Chie f Clerk APPROVED : Stat e Controller By ATTEST : By ~c~l~t~y~CTI~e~i~k----------- STATE OF COLO RADO RICHARD D. LAMM GO VE RNOR By "£7.:x-=ec:::u"'t"'ir::v:Oe;"""''D;Ti':::r;:e-=c t-.o;:;r;:---- STATE DEPARTNENT OF HIGHWAYS DUANE WOODARD Attorney Generel By SUSAN A. LUPTON Asaiatant Attorney General Neturel Reaourcea Section CITY OF ENGLEWOOD By Title ------------------ ( I I I ,!, • ' ; I ... .. , . .,_\, J l )'1 • j 'J. • .... -' ~-~~-,·:£~~ ... ,..; .. ' I . • • • LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES • I . . - I • • • • CITY OF I: no lewoocl DATE unot,c,r l, l9U 3 EXHIBIT "B" -RATES FOR TRAFFIC CONTROL DEVICES (1) Traffic SignalS* (2) Emer·gency Signals ( 3) Sampl1ng (4) S1gn1ng (5) Stnping Sta t.10ns 26 ~ -l (~I LL2_5_._s_o ______ _pe r signal per month $ _.)25..:~---__ _per s1gnal per month $ . ______ __per sampler 1ocat1on per month $ _____ __J'er mi 1 e per month $ _____ _yer mi 1 e per month (6) S1gn1ng and Striping-3.64 HL @ ).~1:..::3c..:.7..:.·~50::__ __ ....Jper .mile per fl10n th *Ma1nte nancc of traff1c s1gnals 1ncludes pa1nt1ng of cross walks and stop bars. I • • f • • • 1:0N TKOLLtK'~ API'ItOVAL I 1111\ CUiliiJ~ I \h,t!l IIIII II\' lh \'111\'ll ~.IIHJ UUII ) II \h,tll ILt'• hnou .t!)jlfllh'\J II)' ~~~ fuu truJh•r uf ihl' ~l,lh' uf ( LliurJJu ttl \Ulh ,1\\l\\,111 1 ol \ hl' IIIJ ) .J, \1\:ll.th' I hi\ j ii U\hi U\1 "J j!)t!n..thk Ill Ioiii\ ~UIIIIJLI 111\U)VIIIJi: the j.lJ) llll'lli oi mum.') b) the !,t :t tt llJt-.0 A\ \IL \UILITY 2 fiJiaUll.il t.lllt)I.Jittuh ,,, th,• "tt .. h l'"'"bl ~ "l tt r tru ~\.UH:n t li)<.J I )~.n o~tt .;unl llljltnl upon fu1uh fu r that purpo~ b~;:i llll lljt)HIIJHIJii,.d lnnJ,:.t.·d .. nu u t h.r~'"'' nt.nh .n.Hi othl, · l If tt u, ll lnlro~ct ln\•''"'c' tnC' flo~)rt•L·n•••l murc: tho~n h:n thou~~&nd do ll •r' lor the cun~t ru cu,m . erect tun u.:patr . llloUO I!:Rol lllC , Ill lfOJII OIII.'IIWnl uf Jll) h uthJIIll: W oUJ bmJp:l OtJJud lunnc) C•Coi\ .. liUO Uf Olhtr pobll~ 'WUI~ lUI thl\ ~t.tle , lh~ lllllllotl..lllf ,IJ .. II, ~lute cnl c un~ upun the rcr h•n n.an .. c u l .an ) !oUCh ""'or k. mcludcd In th1~ cuntra.;t. duly uecute illn.l dtll~cr tu o~nd f1le """h the ufft t lial ...,hu .. e "ltnau.m~ ~tppi!llh belo-. for the State, a Rood 1nd .. ufft..:tcnt bond or nther •~crrnablc: ~urrt) tu be •ppro~cd b) .. ,.,d tJ(fu .. tlll tn a pe ntal ~urn not lru than onc ·h•lf uf the total amuu nt p.ll)lble by the term~ uf th l\ f.Onlnlct Sud't bond ,h .. II be duly rucutc:d by a qualified corporate 'urct), condutoncd fur the due •nd latthful pcrfonn.,mc nf the \.Ontud , and •n additiOn , shall provtdc: thattf the contractor or ht' .. ubcuntr .. dlll\ f"tl tu tJul) pi)' lut an y labor mo.teo.tl\, lt'o~m hue , \U"c:n.uw.r , PfUYUotom , prmemJcr or uthc.·r \Upphe\ U'M:d "' LUII,Uiflc!ll by \U \.h c.unlfAI..tur 01 hh .. ubo..untr.,L!Ur 1n pclorm•ncc uf the ,.,,,k, cunanu.tefol tube dunc. tM .. ur et)' .. ,u po~) the .. arne tn v.n •mount not e.ccedmt thc \um ~opectlied '" the bond , toaei.Mr wtth tnterc:\1 11 the r11e of ttJhl per c:e nt p:r •nnum Unleu .. ut.h bond , ""'hen ~oo rc4utrcd, '' uecuted , delivered and filed , no laun m favot uftht' c.orur a"tur .UI\IR& under thl\ c:ontr•f.l \hi ll be •udttcd, v.llo wed or patd A ctntficd or Cl!oh1cr • cned. ur" b:an&: money mdc:r m.<Jc JH)I~t to the 1 rcasurrr of the St:UC' ul t 'ulorado ml)' be accepted '" lctu of • bund \111'1\I U\t W \~[ 4 Eu~pt "' ,,tl•tr"''"' ptu\ldt:d by Ja ..... tf lhu cuntt;tct pro\tdn for tht pa )mcnt of mon th1n fhr thO\Uind dollar\ and retiUI U'' ur unoht\ 1hr rmplo~ mrnt o f labort>n ur mtch:»ntn 111 thr cumlnl\.hun , alttra110n ur npom of :my bu1ld lllj or ~tllu ·r Jlltblll .,....,~ h'HlJII luch w•Y' lup;hw-') lllli.l~t'\ undrq lit\\1"\ ""d lu¥h-.ay 'lrultuw\ uf 11i ku'td'l "'"'lluu tl1t. , .. ,.u., .. t•h u .. llumh uf tht' ~lillt' th~ tillt' ul WOJ¥t' lot alllaburrn "'""' m~c ha111 • cmplu)td by tht' contrarlur or •nr 'uh~;ont~lor on thr butldma or pubhc "'ork CO\ot rtd b)' thti co ntract W\&11 ~not leu than thr prnadanc ratr uf 'o\llh fur •ork of :a umll:ar naturt in thr ca t y to•n villap or othrr a\1lsubdtv1Sl0n of thr tatr tn •htch tM bu il d till or t~thrr 1111blic -.·urk n loatrd ()u;putcs ~•pectin• prcvailina nltl 'Will bt rnot~d at proYldtd an tt 16·101 (.R~ J'rl I\ IM t'lldtd OISCIU\tiNATIO' "II AfFIRMATIVl ACTIO~ S Thr con tracto r •I"" 10 compl) ~ot~nltt tht ltlttr an d spant of lht Colortdo Anttducrimanation Act of 1951, n atnendtd and othtr 1pphcabtt law rnptcuna cb nmtMhOn and unfiUr rmploymornt .,,..tkts (24-~101 , CR.S 197l, •• •nKndrdJ, and 1.\ Rqu1n-d by E-.rtuh~f Ord~r fquaJ Oppottun~ry and Affinnall\'t ActMin , dtld Aprill6, 1975 l'tlfiiUifH llltrriU lhf' fuUOWUJ I prut UlfiliU iltflli k cwrtaurtil Ht til St•t~ COiflr«ll or -.k0111Nt"l1. Uunnctht l~rfomtauc.e uf thn cun utw:t thr lUn trKiur '""" • fctlovn. (I J Th~ ~on t ractor w.JI not d io;cn~n~natt ..,.,nu art)' tmplo)'ct or apphcant for tmpiO)'mtnt because of ract, cn-.d c<Nur nat1u nal u ri n. in manlaJ UlhU rti•Jion .aNttUy, mrnul or ph)~al handtc:ap , or aae TI~t cunH~etor W\11 ,., af nrmamt actton to •nwtt that apphunb '" rmplo)td and that tmplo)eac art trttkd dunn t'ml•ht )mtnt w.th11ut ~ afd t~ d•c •bu"t mtnhw.cd c.hllr.Kt tn•lk~ Such Kllun ih•ll mdude. but not bto hmilrd to t.ht fo.Uo v.ma ~mploymrnr . upan41na. demolion , or tnnsfrr, l"tcn.iltnwnf or r«l'\\tlmt"n t ad\t'fttun• lty·ofb et ttmttnahom "'"of pay or othtr form• of co m~nYt ton , tnd ldectlon f,tr traanma tndu~tn a apprtnt~~o.tlihlp The tontrtc:tor apw~ to poll tn ron5picuouto placn. t\o..Uib*t to ''"""'"' and apphunh fur etnplo)nw:nl. aot-.n to be pr0'1Wk4 b) tht contr.cUna offictt ltlll fonh prmt\K.of'llo ~o~f thr. tnm d n.rn.n ltMH\ cia w: tl} The Lunlt'lltur •-'I '" aft •<~~~~>•III ~IU or 110\erhwmrnu for tmplo)tn piKtd by or on bcftal( of tht ~ttnlt lvr •rttt tl t t I •l~o~•hrttd a piJC t "" J rr:~•••t C"onwdt r.Hon for -emplo)'mrnl wuhout ,.prd to r.r' \ rnd """' lwhvn ~n 11hhn "'' "" IrK' 1ry . mrncW or ph)'~al handK•p.w ¥ "1 ""'' .,, nw • 1 lie .vmpwl llf ""*"" lotf lrtt hi 4t "' •JI 1111' tviiii'NI IU lw fol•-..nl'ftt ••tot) CJJ Othf C U, rt\t' 11 j ptN.I\ ho"' ••th lht' ph','"'* uf 1 •• t•rral 11t ;t t ~rJ-f t\'·wi"t.l tht"wr'llkt Ill tlfM I ff&""' fl•tttU)' fH .. II) cv \--••• • •• <Hr " .. d • ,un u•' '"" •h'" • / ' I • - , • • • ..,.,1111 :my ul ~uch n.tl•:.. n:~ul,.llu m, ur unJ ~r., lhh llllllr.tu IIlli)' th: c:uK'~Jh:d , tcrmmalcd ur ~u,.,cmlcd 111 ~hulr or in p;ut and the contractor may be drdartd lntli&Jble for furlher Stalt con trKU in accordance with JHOCl·durr\, ilulhunuaJ in E•rcuhH' Orde r, [qu;tl Ot•po rluml y and 1\Hi r matn~ i\clion of i\prd ICJ . 1975 and 1111' mit'\, h 'KUIIJ!I v m m u ukr\ !HUII n~IKA IId 111 .a~o~urtl;.~ntc lhch'WIIh , ilml ~uch ulht•f W.lllllum lno IIIII)' lit· •mpuloot'd and rrme:We~ » mly be invoked as prov1dcd 1n Extcutne Order, Equal Oppcwtumt y and Arnnno~tnc Act io n uf April 16, 197$, or hy niles, rtJUiation", or orden promulptrd in .xcordancr thtrYWllh , or a~ otherwi5e ptO\tded by law (8) The c t~ntr .. c:tur "''II mcludr tht pr u\11~1011' o f p3ro~jV;,ph' OJ thruuah {MJ m th!l')' »ub-~.untn~;t .ar.fJ sub-contr;~ctur purth~UC ord~r unlcs~ turnplrd by rul e-., rtJl..Liahon ... m order\ '""utd punu.1n , 'l\\.tlliH' Order, Equ.d Oppurhuuty llld Mfirm .. IIH~ ALIIUII ur April 16 , 1975 , \U tho~t '"~h IUU\111101111 "'Ill , ••• uJmr upun nch s ub-contnctor or vcndur The: cuntractor wdltake: sudt .K'I1un w1th rt'P"' 10 any ~b u •nlrKIIR¥ or purchl'ie order 11 lht conlouC'IInJ aarncy ma) d1r~c1 . as 1 mun• of I'U furcma l uch rruH\hfl\ 1nrludm!' wmcliun\ rur nc.m·C'UnlpluiiRC'f , pruuded. luo~wc\lo'f , thai in tlu· ru·nl the ~·untrnl u r lk'('UIIk \ 1111 uh.·'-' 111 111 " llunlcntd Wllh , hltJalivn wtlh lhe ~ubcuntrOtetur ur hmdur n 1 f\.'\ull u(\urh difl"C'I Iun b) lhl'l ullii .. '-'IIUU ljt'Rt'y, tht tOnll"'c lor ma) tfqunt lht Stair ufCulortdo 10 tnttr in to itK'h huplion tu protect tht ml~r~~~ of the Stale of Cotundo COLORAOO LABOR PREFER£!ooCE 6 Pru\i ... HR\ uf ~-17 ·101 A. 101 (.RS 197) fVt p rli'frtenn: uf t\tlm;uJu loallur IUC .lpjlhto~blc tu 1111• \.U IIh.l<o.l 1l I)Ubhc ~urk" ,.,thm lhl' Stat&' arc u ndertaken ht.rtunr.Jtr IUld aR f!fUIRC'ed tn ,.hole or m p:ul by Still~ fund~ GENtRAL ' Tht , ..... , uf the sw ~ "' (oluradw •nd ""~ • .nd reaullllum 1~\Ued pur~ .. nl thw~tu 'ohttll be lpphl'd 10 the mlrrprtllltUII, urtuhofl and enfwnnwnl uf th ... tunlratt Any pro~1won of thl.\ contrKI '*htlhn or not mcurponttd htrran b) rtftrtf'IICf •h~~th pumdft f.Jr arbltnhon by In) ntra-Judtelal bod)' or penon or •h.c:h ts othtt'\'1\ot' '" cunfltC'I with aid Inn ruin •nd fYiulltton" ~~hall be conJuW"d null and void l'lothmJ contau"'d tn 1ny prun\lun uKutpurattd Mrttft b) rrfrrrnct •htC'h purporh tu nt'JIIt: lht' or 11ny othrr 'pteaal pron~ton m vo.hul~ "'' 1n ~rt \h.1ll b.. YJIJd m rufu rC'fo~blt m a,,.abhlt tn any "'-lion at l.1vo. \lo hrth~r b) "'")' uf nmll,l;unt dcft>nw ur uthn ~~tol \.4 Ally l)fU,l\IUII 1\'tHk'ho\J ttull .. nd •utd hy lht· ul•~·r .. ttuu uf llu' jliU\ot\IUII ""'II nul t m<~htfo~lt· tht' nmonndcr uf tht\ c untr1ct In the Ultnl that lht' cuntrKI 1\ c-.1 pa!)lr uf nnut1un t; ll1t ••IVI~Iunt' hrn•to ''" thlllhty are fa nuhar wuh 1"-8-lOI , rl tot4,4 . f Bnbtry arwl Corrupt Inn"'"""') a.1d I li~.oiO I , tl wq , f Abu\t of Publk Orftet) C R S I 971 a.1 amtndt.d, v.nd that no ¥talal10n u( i&Kh prwewuns '' prr~o~nt IJ 111~ wanatnun &ur thill to thrtr knuwte t . nu Matt r•npto)n ha\ any pt-nUnll or knrftettl tntl'tt\l- ,.h•hutvtr 1n tht Mlf'\1('1 01 proprn)l dt~enbH htrttn • ..... - .. ,. .. r ' I '(.;. 'I ·I • ' •, . ~ ... ·l ' \ . I ' I• ·' . I I . ORDINANCE NO·.~---- SERIES OF 1983 BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 25 INTRODUCE~Y COUNCIL MEMBER , '..f.ty AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTE - NANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WH EREAS , the City of Englewood , Colorado, is desirous of entering into a contract with the State of Colorado, Department of Highways, which requires the City to maintain traffic control devices on state highways and rece iv e payment from the State of Colorado; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and mainte- nance of traffic control devices whereby the City shall install, operate, maintain, and control, at S tate expense, traffic control devices on state highways within the City of Englewood, which contract is attached hereto, consisting of eight (8) typewritten pages, and incorporated herein by reference. Said contract provides as follows: 1. The contract dated Sep e~b r 28 , 1 1 is null and vold. 2. The City, as contractor for the St te, shall provide the manpo wer, equipm nt and ervic necessary to op rate nd maintain ce rta n tr ffic control d vic s on at te hi h ay wi hin the City limits , as d termined and d rected by the State. 3. The City shall notify he Sta maintain d. of hos devices 4. The total cost for said a rvic s allall be p id by th State to the City and shall not xce d y Thousand Doll ra ($50,000). The rates charged by he City for a d a rvicea hall b as set forth in Exh bit 8 of th con rae • 5. fh traf on Uni orm Tcatf c ah 11 confor• to the • nu 1 nd th •colora o Suppl ment.• • • • ,. • 7. The City shall maintain adequate records to insure that traffic control devices are prope r ly performing their function. 8. The City shall hold the State harmless, so far as it legally may, for the actions of the City's employees or agents. 9. The Division of Highways will be responsible for monitoring this contract for the State. 10. Special provisions inc luded i n said contract include approval by the State, availability of State funds, bond require- ments, Colorado labor preference, requ i rement of compliance with all State laws, and that the sign ato rie s aver that no State employee has any personal or ben efic ia l interest wha t soever in s a id contrac t . 11. Said contract shall rem ain in effect until such time as State and City desire to change t h e rates as shown on Exhibit B or change the total charges as shown in paragraph 4 of said contract, which desires changes shall be submitted to District Engineer by March 1 of the designated year. Section 2. The City Council of t he City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, t o subscribe his name to said contract for and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Introduced, read i n full, and pa ss e d on first reading o n t h e 6th day of June, 1983. Published a s a Bill fo r an Or d i nance on the 8th day o f Jun6 , 1 983. Eugene L. Ot is , May or A test: ex officio city Cle r k-Treaaur r I , Gary R. Higbee, x off cio City Clerk-T r easur r of th Ci y o Engle wood , Colorado , her by certify th t the a bove nd for oing 1• r ue , acc u ra and co p le e copy o a 8111 for an Or d1nanc , lntro uc d, re1d in ull , •nd p ed on 1rat re ding on he 6th dly o Jun , l 83 . Gary R. HI be • I • -• • • ~ ....... ·"-' l L'ONTkACT KOUTINCN'UI!UIER I,S!:.:lATL: lliLL 8) • CONl RACT TiiiS CONTRACT , m~dr tht.s ___ doty of 19 -·by a111d bctwe!~n the State of ColnrJd o for tht u\t and bentf11 of THL: STATE DFP/\R'l'MENT Of HIGHWAYS D!Vl"IO:: or II!GHH/IYS hetr•nafttr rt'fr md to,, the. Sute , and the CITY Of ENGLEHOOD STATE OF CO LO RADO hrrtmahcr rdernd to as the cuntractor, WII[Rt.AS. authuuty Ul\1\ tn the t.....w 11nll huuh hnc been bud.tted appruprutcd and othl'nHn m~t a\?1lablt and a suHitltnt uncncumb«rtd ball net thutof rcmau~ nadablt for payrm.nt an Fund Number ..l.Q.Ql_, C/L Account humlKr 52 0 4 Fj • Contract Encumb rance Number~. and WHEREAS . recpurtd approql , d urance and c:oord1nallon has btcn a«omplnh«d from arwi ,.hh appropnate qcnc .. u. and "'II[R£AS this contract is executed tmder authority of Sections 42-4-502, 43 -l -106 , 43-2-102, 43-2-135 and 43-2-144 , C R 5 1973, as amended and an applicable ordinance or re o ution has been duly passed an d adopted by the Contractor , marked Exh ibit "A", attached hereto and made a part hereof; and Wlii::REAS, Section 43-2-135(1) C.R.S. 1973 , as amended provides that the State shall install, operate , maintain and control at State expense all traffic control device• on the atate highway ay5tem, within cities and incorporated towna; and WHEREAS, the State doea not have the nacaaoary equipment and manpower to operate and ~eintain the traffic control devicaa; and WHEREAS, the contractor hao adequate facilities to operate and ~intain such traffic control devicea. NOW, 111EREFORE, it i~ h reby agreed that l. The contract dated _:S:,:e:..cP:.:t:..:e:.:m:::b:.:e:;r:...;:.::.!....:.:.::..:._ ia hereby superseded and 2. Th contractor ah ll provid th .. np •er, equip• ment and aervicaa nee aaary to operate and maintain ~crtaln truffle on~rol dC!v. n&l ta highwat• within the c1ty 11 i •• ~ at t ned nd daected by the State . ), The contractor a hall fro ti to t in con· aultation with e and approve o! the State, provide htl d nti!yin& the apac:i!1c de c • to be op erated and ntall'ed by • tra tor durin& ~ o term o( t .LI • I . I • 0 ,. 'I I ) I . - i \ • • • - 4 , The rates to be charged by the contractor under ;,;.bi.:. OJ.ert:cua.:ut uii.Jll Uc u:.. ::.ct. forth 1.11 £xhibiL 11 B", attached hereto and made a part hereof pro- vided that the total chargts to be paid by the State during e~ch fiscal year of the con tract term shall not exceed $, __ ~5~0~0~0~0~·~00~---------- The rat.cs in EYJ1ibit "H'1 shall remain constant throughout the term of this contract and shall be subject to State audit at any time during normal busincas hours. The contractor will bill the State monthly according to the rates ao set forth in I:xhibit "B", and the State will pay such bills withln 60 days. 5. The traffic control devices shall be caintained in conformance w>th applicable portions of the "Manual on UnifortD Traffic Control Devices" and the "Colorado Supplement" thereto, referred to collectively as tha "Manual" and incorporated herein by raferenca . 6. The $tate reserve• the right to determine tha quality and adequacy of maintenance under thia contract. Any daficienciaa will ba brought to th~ attention of the contractor "nd a rMa- oonabla t me will ba allowed for compl.anca . in th avant tha contractor, for any raa•on, doae not or cannot co~ply, the State raeer~•• the right to d the wor~ or have the worK d. a y ot are nd du t the paym ntl to t~a contra tor. 1. Th• untractor w1ll l.r.t:a n boer pwrat • and Olt rae: or de u the part in y fr tl to ti IIU w;>cn u ba•na na aoaary t ta..-ina t • adequacy of the eontro fl• tiona tan acl t • for n •· t • State rt • ' I' I ' ·' ' I . - \ l • • • • • 8. The Divtsion of Highways will , t hr ouch i ts U.l;..LricL LngiliL:l:r , I.Jc n .. .::..p onslLlu for munito r1.ng this contract for the State . All correspondence and billing• should be addr~ssed to him. The Distri ct Engineer's address for this contract is . R. J. Brasher, 2000 So. Holly, Denver, CO 80222 9. This contract affirms the permiss ion granted to Lhe contractor to maintaln the traf fic control devices pursuant to Sectton 42-4 -502(2), C.R .S 1973, as amended. 10 . Thi s contract •hall remain in effect until such t~rne as the State or cont rac tor d~sires to change thL;. ruLcli, nt. shuwn 1.n l.xlu.bit ''D" or chan8e the total charge• a s ahown in paragraph No. 4 whera - up on thia contract will be auparoaded and a new contract aignad . Should chang•• ~n ratal bP daaired, a raviaad Exhibit "B" ahall be aubndtted to the Diatrict Engineer by March 1 of the duignatod yoar . 11 . The Spacial Proviaiono which are attached hereto are mode a part of thio contract • I I ' , •I :i~-l ·-•'-I • • • • • IN WI!Hl::S S ~/HEREOF, the parties hereto have caused the fore- gain~ contract to bu t!xecutcd t:h e day and yuar first above written. fiT"fESl' Chie f Clerk APPROVED : State Controller By --------- ATTEST : By City Clerk STATE OF COLORADO RICHARD D LAMM GOVERNOR By Executive Director STATE DEPAR1l~NT OF HIGHWAYS DUANE WOODARD Attorney General By =,.,.,~--,,-;;;=,----SUSAN A. LUPTON Aasiatant Attorney General Natural Reaourcea Section CITY OF ENGLE~~D By Title -------------------- • ' .. : I' ~ ~r ' .'}I: ·:. ') ._ .. I, ,·' I I I • • • • • LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES • I . . • • • C l TY OF 1:11nlewood DATE vctoJ,"r 1, 19ll ~ EXHIBIT "B" -RATES FOR TRAFFIC COtlTROL DEVICES (l) Traff1c SignalS• :.!6 ~ $ __ L2il_· _sp _____ _ye r s1gnal per 111011th (2) Emergency S 1 g na l s -1 f~l $ _]25_:~----__ j)C r s 1 g na l per month (3) Sau.p 11 ng Stal1ons $ ______ ____per sampler locatlon per month ( 4) S 1gn1ng $ _____ ___1 er nnl c per month ( 5) Str·1p1ng $ _____ .rcr rn1l c per month (6) S1gn1ny and Stnping-3.64 Hl.. @).=1.=.3.:..7.:..;.5::.:0::.-__ _;per .rnile per rponth *Ma1ntenancc of traff1c s1gnals 1ncludes pa1nt1ng of crosswalks and stop bars . .. • • • ' • • • 1 I • • - I lltt\ IUIIIt~~l \h,tllttul tw lJ ntllt'tl ~.&luJ Ull ltl tt \h.tll h.t\ l"·nt oltlt'fl•"I'IJ \.1) h~,; ( uu trullt•r uf lht• ~l .t h' uf l ulur ~tJu ''' \Uth ""'''·"'' "'Itt· ttl<~) J,,,.,,,,,,. I iu' !''"''''"'' ,, .lt'l'h,,.~l\ 111 ollh \UIIII.I•I uwuhm" tht.• p.a)UIC ttl ul monc) b) the !»toatr I ~:O.IJ A\ \IL \UlLin 2 f nt.am to~l ulol•;:.o~ttmh ul lh\' \to~h i'"'"bl. o~llrr tht ,~o~rr.:ht 11 .... 1 '""''oar~ .untllljlt'nt upon IU!Hh fur thoat purpu'oc' bclllW llj1Jlrii(1Uo1 1H1 tnu.IJ.:~ h·d ,U\d "'"' N>~~ n,..J, .. \ ~·i•bl, ' If th " lunu.act mHWvc, tht r•)TIM..nl "' n.nrc th•n tt:n th uu w.ru.l doll.a r .. tortht ~.:u nSINCit un. crecuun rcpour . rn.untcn..tll..l:, tlf nnptuv..-m,·nt uf "") tnulthn~ n ul.! bf•d .. • .... Jo~d tumk'l nC.t .. ,.IIUR ur uth(r pubh.: v.ur~ tu r 1Im. ~t.ate , the: (unU o~Ltur .. ta.,ll . t'o..:tur..: cn h.:nn@ u pon the pc:uonu .. Jk.C ut •R ) •~h .. or~ •nc.:ludc:d an th1t. ronua.,;t . duly t:J.ecutc 01nd dc l•~er to • .nd f1le ...,.,,, the urflcl ~tl .... tlf,n,r \t ~naturt 11ppe.r' bclo...,. for the Stilt . 1 J-ood and \uffl~o.lcnt bond or other lt\:Ctptable \Urct) tube appr O'~td b) \4Ki rtffu.11l '" • pen•l lum not leu than ont·hlilf of the total amo unt p.il)'lble by the term' uf tht\ t.ontr•rt Sud1 bond ~h•ll bt duly t l.ttutrd by 1 qualified corporate \l.lrtl), cond•t•on.:d fur the due .tnd llithrul ~rfonn<~nlc of tl\c ~o.onua~t. ind 1n adchhon lhlll pro ... uic th•t 1f the contrKIOf Of h" \uh.,.unU.tlluf\ 1 .. 11 to dul}' pty lw any labur . m:.tcn.ah. l('lilm hue . \UUtn<tn..:t prU'Iri~IOfl\, pruvtendcr ur ntlk"r \Upplit:\ U\l.'d Ill LUII\UUK:d by \ULh I.URif~tur Uf hi\ \Ubo.untt.a~tur In pclonn:.m:c or the: ,.utk t.:urtlno.led IU be done th e 'furcty wtll p .. y the 'lame tn •n ~tmount n(N cacttdlnl tnc \urri ltpc:Clfitd 1n the bond , IOitlhc:r wnh tntert'fl •t the r.tt ol e•cht f1Cr ce nt per 11nnum UnJcu ~uch bond , 'When w re4uu1!d . 11 u ccuttd dcli¥crcd and filed no cla1m 1n fa"or of the \nnua~.tur ..,,\lnl under thl\ conuaLt "hall be audncd t •llo...,cod or paid A ctn1f1td Of Ulthttr ~ chcd. ut • bank money urdcr mitdc Pil}'lble to the Treasurer or the St:Ut ul tulorldO mly be ICctpctd tn lc \u or. bond \IIJ';I\IU\1 I AG[ 4 Eaupt "' o ti •C'r""'l~ pruudcd by law , .r thii t unlr<~rt proud" for thr pi)'IMI\1 of mort lhan n~ thous.~nd dulhu' and rt'4u'"' ur 111\Dht~ tht> emplo) rncnl or laburtn or mfch:.tun m thr tuh,ltu\.ttun, :~lttntion or rtponr or :tny butld11 •1· Uf ulltl'f Jmbln '*"'"' (f',H"II I lu~hWoi}'\ ln.,;h\o\.1) bml¥l'\, umJrqta\...-\ .111~ ht,ll\o\11)' \I lU I \Utn u ( ull kJnd'J ""'illuu lht ''\lliii.&JIIIlulllllllh u( Ill~ !»l.tlr lh~ ntr ul W lit' IUf lflla\lurtn. 16n\J tntChiiUh tmpluytd b) tht con tra~:tur ur tny ttutH.ontntetor on tht bt.uld•na or public work co•tr'td by th~ contract iha.ll br not ltu thtn tht P""athn& tatr uf .,..,iJh fur ... or\ of 1 wmdar nature In 1hr CitY to .... n , villaar or otM.t aV'illubchvKtOn or the State 11'1 wh.ch tht butldtnl or uthtt pubiK" •or\. "lot~ ted O..putn rnprcflnt prt¥11hna '"" wiU bt rnolftd as pnmckd 1n K 16·101 tR§ 19"") a\ am~ndrd OISCHI\fl ATIO' ,\1\IJ AffiRMATIVl ACTION S The contrKIOr •lf'e• to comply With 1he lcurr and sptnl or tht Coto rtdo Anttdt~ervftutatkwt Acl of 19S1 . " amtnckd, and othtr epphcabte law ruptc:llnl 41 nmutattOn and t.~.nf•n rmplo~lnttU prtrlkel (1 4-14-JOI , CRS 1973 , n anwnckd J, and afi rw:qutrrd by bt"Cullvr Ordtr F~~ OppiW'tun•ty •nd Amrm~tl'lt Acltoa,411td Apnt 16 1915 IVnuPI rlttrrlu. tht fuUo...,.lt t proH~Uft.t Jlti!Jik t'IHU.utH MIll .{t•tr c-.,.,."~ lflkOffl,.l&. Ounnatht perfunnlll\.1 uf Ull\ cuntracl lht cuntrKIOr qrtft U fuUoWi" (I J The contractor WI not di\Crimintlt t~auut any cmP'oycc or tpphunl for rmpiO)IMftl kuuw of rare, trt"t'd. co'ur nahunlll uri1111 , IU, mantal '''"" rclt.on . lneftll)' mental ot phyw.t hM liP • Of •at niC tontrxtor wUII .. t trnnnatl~t action IO m~ure th•l apphnnb an trnpiO)t-Md rt..11 rmpiO) .. IIY trtth.'d ~un n& ~mt•h•}'mtnl Wllhuut rtllll.ltu th •buw m.c•1Uunc~ ch .• ,...tcnlt&K:~ lt JChM .aU t1ttL.Ivdot ttt.tl nOI bt: hmttcd 10 tht fotJow.nJ tmpiO)'mt.nl , uplfl'dana. OfmohOft . Of ltwllftr rtCNttmtnl Of rtc"Nllrnr-nl "'""''•n• lt)'~fh or ltmunahoM nil'\ •f ''Y or •"'c.• fOftl'llli or C:OMJP*ftsahoe, Md tidtttJM fPf tratnwa •ndudtfll lpptcnc tltllp TN COfttnttCK .,.... to po&t ill! ~--,.._.. "-'•We to nfl.,tvy..-1nd tp _,. aftb fUf HftpiO}'I'Mttl HI~~>" toN ~b)' dM c-. r.a o tr tttl fon p,..n~t.f'\ t~f ll•f'lt 11\Ml-tl"'"n"""'lklft auw / I . • • • ""Hh • .uy ul ~ucll n.h:t u:~ulo~t1um, ur unh.:r., I hi\ l.:Uill rOH. I 10..1)' ~ c:uM..\'11-=d , l~OI\IIIII~d ur ~u~n drd an whulr ur in pari and the c:ontraclor may bt drclared lnrli Jibtt fur further Stale c:onlrtcts In ICC'ordance wllh ptOCl'dUJ C\, authunud Ill Ekl't'U h Vt Order E~ual Opportumt y 1111.1 1\ffirm~ltVC At:liun or A~rd 16, 1975 lUUI lilt' mit·~. ICI(ul.,ll uu~o , ur uuh•r\ 111UIItul¥o~tn.l 111 ~u<Jul:tlh.t lhl:h'WIIh .111d '-Ulh uth~o.•r li.IIU~lluu~ il\ llllf)' bt· UlllJu~d and rrmrdJti ~may l>t mvuked u prO\Id~d 10 Uecutne Order . Equal OpporlurUf) and Hinnlilll\c Acllon "r ApriJ 16 , 1975, or hy Nle\, naulauom ur o~dtD prumulpted m accordance lhe~w.th orb uthe nr.isr provided by law (~) The C:t.on lntCIUf '4111 111c1Udt the pru~um uf p3ri116f;tph) fiJ lhtuuaJt (~JIll CH:r) .~oUb-~o.UIIIf:Uf at.d .liUb.cuntr.~ctur purth a.w: urdcr unle!i' nempted by rule\, rtauJatiom, or ordtt\ ,,.,ucd vunu>~ni ,., l\l .nll\t.' Order . E(4ul&l Opportunity 1111d Affirmiill \\1 Al lum uf Apnl 16 , 1975 , "' lh~tt .wtllt•r u\l~ton,. Yotll lu .u.llll~ u pun nch sub..con tractur or Vt'ndur The c untr~tor WJ.IItakt \U~h .tehun ~o~~·•th rnpect to any wb-t .. ntra..ttnM or purtha\11!: order u the con wactmaaacncy m~) d1rttt M • mun• of enfurcma stK'h rru·t .. ..,n, lllC'Iudm !\ ~llC II UA\ fur IIUit·C'UOl~JhllltCC , fUU"idtd . hU,_,t.'H'f, lh~l Ill lht CH'III liu: t'UIIIr'.K.IUf ~'t'UIUl \ 1111 ..,j,, dIll HJ 1\ tluult:ncd with , ht ia•tiu n with the toubt·unlr.M.hH ur wm.lur It) a n•\ult uf•uc.lt din"C't&un b) llot·tunh .. lllll~ •~&r n cy , the con tnaC't or ml) rtqutst the Statt uf Culo 11do to tnler Into .touch htl phon hl protect Lhr lllll ~.,t of the State of Culu11do COLORAUO LABOR PREFERE NCE 6 Prmi"""' of "'·17 ·101 , A. IOl ,lRS 1911 fur prdt r~n f>t Qf lutnr.~do ~Uur •rc "'P.-h~-~LI\ tu IIH~ ~Utllf.l\111 vubhc -...urlt..~ ~~~o •tlun tht: Statt: •rc unckuabn hr:rrundtt •nd •~ fmanccd in •hole or tn part by St11e furnh GENERAL 7 The t.'" uf the Stilt: of CcMoradu ami ruko \ ~nd rt&ulal :"'" •'wed P'-huanl lhc'fC'tu Vta.ll bt tpp{tf'..l lfll tht: tftltrprtlltMul , n«-uhun and ~nfurcr:mc nt of lhl\ euntratl An )' pron.won of th• C'Onlr.ct •twth«f et tUtl mcc;;rponttd ht:rt.n b) ~re~nct ~~~oh .ch prundft r.,, arbilntlion b)l an)" nlra-Ju KIM body CH pt'rwn Of •hd • olh~rwt\C' '" c:unOtC'I •ith u1d law,, ruin and rraulahott' \hall bt: wn tdtrt'd nttll and vend othif\& wnlltrwd ,,. 11ny pru,Nun mc:orpurlltd h~rtln by rtftrtnc~ ¥winch purport tu nrpte tht~o or an)' oth~r ~tal provNOfl m v.lwlc Ur In part \h,fl hr valid Of t'llfU fC'f:tbJt rtf li\JII.JbJr lA lUI)' lKhllll II l.1111o y.Jw-ltttr b) )' u( tUntt•lo~IUI drh·uw ur ulhrr¥wt "t' r\ny JlfU\1\IUII fl'lllkn:tJ null .md vutd lty Ilk' UJM.:to~ltun ul lht' jllu't-.tun •tlllh.lt uH.!Hio~tr llaC" rem;unckr uf lhl\ C'un trac:t In lht: uhml that lhc tuntrKI t\ c.pa!JW uf nrcUIKtn 8 Th~ liiJ'~Iun" h~reto 1\t:r 1hat lhty a~ fanubn w11h I ·101 ~~ 111r1.4 (lnbefy 1M Con"'' lntl.wftelt\J aud Ill h-401 "' wq , (Abuw of PubUc Orrict t C R 19 '1 "amcncttd , •nd that no ""*lion uf wch """'""""" prc..rul Y ll.r w,:nll''"" utr that lo thrlf knu,.k>c~F nu ~111c c-tnpfu)'tr hao. •nr ~"~~ Ot Mntftu,. ••t~. "'hlhUC'vtr tn lht wnKt or property dtKflbtd htrttn • I I . 't ~ ( 'I .) , t", ' ... ··'. I' .. . . I ,. • • I r C 0 U N C I L DATE May 24 , 1983 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT ~!h. Traffic Signal Contract (Sen ate Bill 8) INITIATED BY Kells Waggoner, Director of Public Works Cf2J ACTION PROPOSED Pass ordinance authorizing the Mayor to sign contract. Background The City has a contract with the Colorado Department of Highways to maintain traffic signals, signing and striping on State Highways in the City of Englewood, 1.. A change in the provisions of the contract requires a new contract. ' Submitted herewith is a new contract whereby the City receives $125.50 per month per signal co~ared to the previous $114.09. The total contract price changes to a $50,000 not-to-exceed contract instead of $45,000. To ap rove the n v contract. The old contract w • approved by Ord nance No. 66, 1 81. • • - MAI~~ANCE CONTRACT ~ENATE BILL 8) CONTRACT • • • DEPARTMENT 01 AGENCY NUWIER 28 00 00 COillrlllt 4CT IOUTI NC NU WIEJt THIS CONTRACT, rna.k this ___ da y of 19 -· by 1nd between t he State of Colol'lldo for the use and btndir of THE STATE QEfARTMENT OF HIGHWAYS DIVIS ION OF HIGHWAYS ......._,,., ,.kmd oo u llw Solie , Md the CITY OF ENGLEWOOp STATE OF COLORAIXJ WH£1l£AS. aut"-iiy eailb ~ ttte t...w and funds haw he:en iMidpW.d , appropnetrd and odlerwiK made ~ lftd 1 sufftcintt ltftmal~ babncr thrrt:of I"''IYUIRS avaNble for p.-yme.at in Fund Number~. CIL ~nt Nulllbn~. C•t-.c::t Eon•bnnc:t Nu"*'r~ end WHEilEA S, nequiftd IPJI'f'OWIII , ~ ud coonliuboa "-: lteu KC.Ompl..._. (,... ...t with 1ppt'Opl'il1e ,.._., .... WN£1lLU . this contract ia executed tmder authority of Sections 42-4-502, 43-l-106, 43-2-102, 43 -2-135 and 43-2·144, C.R.S . 1973, aa amended and an applicable ordinance or re solution has been duly pasaed and adopted by the Contractor, marked Exhibit "A", attached hereto and made a part hereof ; and WHEREAs, Section 43-2-135(1) C.R.s. 1973, aa amended providea that the State shall install, operate, maintain and control at State expense all traffic control devicea on the atate highway aystem, within citiea and incorporated tovna; and WHEREAS, tha State doe a not have the neceaoary equipment and -.npower to operate and maintain the traffic control devicaa; and WRia&AS, the contractor haa adequate facilitiea to operate and -intein auch traffic control devicea. lOW, TH!AEroKE, it ia hereby •creed that : 1. The contract dated Septe er 28, 1981 1a hereby auperaeded and .. rged into thia contrac t 2. Th contractor ahal l provid th .. np er , equip- .. nt and service& neceaaary to operate and .. intain certain traffic control d vicea on atare hi&h~•Y• wi~hin the city liai~a. aa d teralned y ~ha State . J. Tha contrac~or ahall froa d directed aultation wi th end upon edvlce ~d approval o! th State , provi d th tat w th llata i ntifv1n ap cific tra fie n r l da •1c a to o •ar ad end .. 1nra1 d y rh c nrra<tor during th tara o t th a ~o tra I I I • • 4, • • • The rates to be charged by the contractor under this a greement shall be as set forth in Exhibit 118", attached hereto and made a part hereof pro- vided that the total charges to be paid by the State during each fisc al year of the con trac t term shall not exceed $ __ ~5~0~0~0~0~·~0~0~---------- The rates in Exhibit "B" shall remain constant throughout the term of this c ontract and shall be subject to State audit at any time during normal business cours. The contractor will bill the State monthly according to the ra tes as set forth in Exhibit "B", and the State will pay such bills within 60 days. 5. The traffic control devices shall be maintained in conformance with applicable portions of the "Manual on Unifol'lll Traffic Control Dev ices" and the "Colorado Supplement" thereto, referred to eollectively aa the ''Manual" and incorporated herein by refer~ee. 6 . The Stata reaervea the ri&ht to detel'llline the quality ad adaquaey of maintenanee under thil eaetraet, Any deficiene ies will be broucht to the attention of the contractor and a rea- aonable ti .. vill be allowed for eompl iance. ln the event the contractor, for any reason . doea not or cannot coaply, the State reaerves the ri&ht to do tha v ork or have the work done by othera and d duct he actual coat from the aubaequent payaenta to the contractor. 7. The contractor vill mainta n both operational and eoat recorda aa the parties hereto aay fr time to ci .. a rae upon aa bein& n c aaary to dateraine th a quacy of the eo trol d vices, both opera• t ic.mally and chanieally, to perfora their 1n• tended function. Sald r cordo s all be ava lable for revl by tha State during no: rU houra I • • • • • 8. The Division of Highways will, through its Di strict Eng i neer , be responsible for monitoring th is contract for the State . All correspondence and billings should be addressed to him. The District Engineer's addres s f o r this contract is : R. J. Brasher, 2000 So . Holly, Denver, CO 80222 9. This contract affirms the permission granted to the contractor to maintain the traffic control devices pursuant to Section 42-4-502(2). C.R.S . 1973, as amended. 10 . Th is contract shall remain in effect until such time as the State or contractor des i re s to change the rates, aa shown in Exhibit "8" or change the total char&ea aa shown in paragraph No . 4 where - upon thia coatract will be superseded and a new contract aisned . Should changes in rates be desired, a revised Exhibit "I" ohall be s ubmitted to tbe District ~&ineer by March 1 of the daeisnat..S Jear . 11 . Tbe Special Provision.o which are att:ached heret o are .... a part of tbis contract . -3· J \ • • - .· • • • IN WITNESS WHEREOF, the parties hereto have caused the fore- going contract to be executed the day and year first above written . ATTEST : Ch[ef Clerk APPROVED : State Controller lly ATtEST : ., .. ~~~~--------tlt:y Clerk STATE OF COLORADO RICHARD D. LAMM GOVERNOR By Executive Director STATE DEPARTI'U:NT OF HIGHWAYS DUANE WOODARD Attorney Genera l By SUSAN A. LUPTON Aaaiatant Attorney General Natural Reaourcea Section CITY OF ENGLEWOOD lly Title -------------- • I . ' • • • • LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES I . • • • CITY OF L n nl e'-'Ood DATE Utt o l ,e ,· 1. 198 3 EXHIBIT "B" -RAT ES FOR TRA FFIC CONTR OL DEVICES ( 1 ) Traff 1c S1gna1 s• 2 6 "' $ __ !.J~·_s p ___ ____per s1gnal per mo nth (2) Emergency S1gnals - 1 '" $ 125 .5 0 _per s 19 na 1 per month (3) Sau•p 11 ng 5 tat 1 ons $ er sampler locat1on per month (4) S1gnwg $ er m1l e per month (5) Strl 109 $ er m1le per month (6) S1gmng and St.np1ng-3 .b4 ~\l.. @ s 13 7. so per mile per month •i·:a1ntenance of traff1c ~1gnals 1ncludes pa1nt1ng of cross1·:al ·s and stop bars. I . • - Ftlf'm 6 4C.011 SPECIAl PROVJSJO S CO'ITROLLER 'S APPRO\ AL I Thu. concrac1 \hall not bt d r~mtd \lhd untrl 11 \hall ha1~ bun appro 't-d by thr ControiWr of tht' Statt of Colorado o r ua~h assr~tam a!l hr nt.a\ d~tgnatr-Th,, PU.tlbtun •~ upphcablr 10 an ~ r-onii'K'ftn\ohrn tht pn~t of ll'tOnr) b) the SUrf' FU 0 AVAILA81UTV 2 financaal nbltpltnrh uf lhr St.olt r:n;,blt-illlcor thr ~urrt'nt fi~o~.al 1nr a rt (On lmgf'n l upon fund, for thll pwpow-IM'm1 appropnaltd hudgt'ltd and utht'"" t<r< nt.ldt ,n;ul.hl .. 110, 0 RlQl'IHE\fE T J If lh rs comr~r ln~olvcs the P•~m~:n1 of more than ltn th uus.and dollAr\ tor tht tonnrucuon ettdw•n rtJ)AJr rnauuenancc , or •mprovc:mtnr of an) bu1ldma , road. bndgt "'"ducc . tunne l tlCI\IIIOn Of othe-r pubh'... fot th•i> Sial<, til< <ont<actO< '"'"· "''""' <n!onng "1'00 <he: pe<fum""'' n l •n) '""" .. .,.~ oncludcd on lhl\ <onllod d"l) u.ecutc and deliver to •lld f1lc ""'"h tbt nffic •al '*Mtltt \l.@:naiUrt appe ... h b(fo"' for dtt Scatt a 'ood 1nd ~u ff11..~nt bond or Olt\rr KC'tptlbl~ U.lrtf) ru be-appt"ov~d b) Uld offt1.t iil l tn • penal ~um not It~\ th•n onr ~•If uf tht IOUJ &mounr ~y•bte b y tht ll'tm\ of thu, connct Such bond "h•ll br duly ~ucuted b) • q~o~•hfltd corpor1tc c;~f\ conchtf()n(d for the d~ •nd tarthful ~rfonnana nf the ~.on ~'-'. and rn addmon W JI ~· lhar rf the Loncract or or hr )ubconenc:aor~ f•rl to dul)' PlY foe any labor m.ttnab rum hrrt-, ~S&t:naDCt provr tOM PfO\tndcr or othe-r \U,Pta utcd ot con~umed by wch c onaractcw or h1~ subcontractOf rn prf0!'1T\a.fta: of the ""ort conoa ... at:d ro br done the •umy WJII pi)' dw: ~ 1n., atnounc not tattcdrnJ the ~um s pecrfw:d 1n ~ b(w:l IOJt::thtr ""'th tnkrhr 11 tht r•r of erpa per cent ptt anm.n Uakn .wch bond . "'hen W> requ~.red '' u.eculed dt:hvc~ and fikd. no d atm tn C.vor of' tht c<wMr"'"'or arr.wna undn th1s conrr 1 .u..JJ be auchtcd •Howrd or p1lll:l A ~n tfttd ot ca~ter • chtc., or a baa monty order made Pl>•ble eo thf Trnsum of !:he Sc&ae of Colorado rnt)' bt tp&td an letu of 1 bond WININUM WAGE 4 E•~pl h o thtnr.M pruwtdtd b)' lav., •f lhn: c unttKI pro'tdn for lht> Pfi)IM'IU of mort than r.~ thousand dollan 1nd requt~ or '"_.of"" tht tl'llpiO)'rntnl orlabonon or nwch1n rn lht conslructKHt •ltt-,.hon or rtpan of any IIMalld.inJ Of othl'r puhhr worlt:. lr,Ct"pt h.,tiWI)'s . hrPw•y bnder• undf'rpiKAon and h.P•av UNC"'um of Ill U..,) Within IJN. .o.npfUCII 1;,.11 of I~ Sfllt', ffk ,.It of .... for all lahomt ud ,_dtafltn t1npJG)td b) thfo ~lor • M )' !UIIJ<'NfrKttw OR fht-ttridtna or publiC •or& ~d .,t tt.. ~.,,.., ._.. M not tru chan lhe .......... rt1r "' ·~ f01 _.... ol• si..a.r Mhwt in lht" cre y town .~ Of etlwr nW subcl,\'IIIOft of eM State •• ..._.. dtlt .......... or .. ..._. ,..,_. waft • locafl'd Oisp1,..n '"Pttt•• pA'YIIbltJ Nl~ wtll M taohotd • pro¥tdcd h• 1• 101 CRS 19..,.3 ~ IIMndN ~I AllON A"U ArfliWATIV[ ACJ'ION S Tlrr~tJWtor ..-. te~ .. dt tiM: ktkr Md •nt of dwC-'or.do AatJd~nllttofl Act of ItS?. "'-.-odoor ..,.._low----184 uofw ........,._,, ,_I24-J4.JOI, CIS lf1J, • -~ _, • _.r.,. h«-0..., (....., 0,0..-184 All',__ Art-....... April 16, ms.. """--' ......... * ,....,._,.,.._,...,. .,~ .. -.. .... s..,~._,., •k•nwa. llooioe .. ,m_ ..... _ ... ._ .. __ ....... (II no--Wll-.,._ -·-........, .. .,........,, , .. _,."!_,, -of twt. "" .... n.~ ................... IIMntll,... ~ • ...astry ........ ., ,.,__.a liiiiNk ..... . no--..... -..,..__ .. _ .. -......,.,.,_--..ret.., • ""' ...,r 01 -- ....._. ...... ~-• • ...,...,,....,... te &ttc .-,., IM~tiHIM4ctw.ctnu~~a s.t. ecr-. ttta&tlnd .... ..,, -1oo ,_ ro .. ,..._ ........,._, _......, ._u.., .. r-. ""'"",_,' w -·-·-.....,.,.-.. _ ...... I"Y ...... ,_.,, __ ...,lOla<_ for ·-..tooloot -· no. ... _..., -•• -.-..-,.,_. --.. ....,..n . .,. _. ~-•• (., .....,_,., Mbe• te ltlt..,..... ~ 8w t" '-1 «t •h-. f ~el·t!t·----IOIIead-. I!) no. .................. _ .. --. .............. ,_..,.,. .... .....,,., .... .-.:ttH ·-....... • w .,......, .... "'-fl"• c......,.,.,.,...... ... ........... ...,.. .• c (' ... •*'-"-... •• ....... ....... ...... ...,. -.till.......... ., ... • ' • -• • • (7) In tk tWAI of th~ contnctor's nco-compliance .,tt. the: notHiilcrimination diUxs of thu contnct or wid! _,. of IIICh Nln. rt:ptfatiora. or onkn., thl) contract may be cancelled, terminated ur A~Spt-ndtd '" wh* or tn JNr1 lnd tk contractor rn.y ~ declattd ineliJiWe for further tate contrKtt '" IU'ord~net Wtth ~ allhorind ill Ex«•tiw Order, Equ.l {)pportuntty .,d A.ffinnati¥t: Action of Apri 16 , 1915 and tile n11n. rqMiattoM. or o..,. proMUIJ*d ill .xon:t.ntt thef'ewilh, lnd wch othn' .. a ... • m~y bt ............ -• 100)1 be ......... • ,........Ia Ex"""tiw Onltt, Equol Opport.,.;ty on4 Afr...,.IM: Aetioe Af April 16, 197$, or by nales, ~..Utt0ft6. 01 cwdtn pronwlptt'd lft accord.Mtt thntwttt., Of • ......__...\)olaw. (8) lbt COI'tnctor ..wll lftChwk dw prowwons of panarapbs f I 1 throulh tiH '" nft"\ sub-t.onuw:t ar~d •b-<.o.tnc.lor ,...ch .. order ..,._ Ut"'IIPICd by 1\iln, rqMill~. Of ordt.n. ~ pvrwanl to [uwhw Ordn'. f....-1 Opport ... ty ... A.Jfir1NitiM AchOft of April 16 197S , so chat~ ptomtOM will ~ btndlna ..,..,. uch ~-.-.etOf • w:..dof TN CG~~tnctor will bke wch KIKNI .,ch ~~ to •" sub-coalriCtJftl • ,...._ _., • 11M: c•trKlilll..-cY 11M) dutd. • a MOnS or enforanall.leh proo.Kt .. n •ndvdtaa ..CiioM fer W 5.. , ,...,.w.d. h~. IUt if3 tM ~nf dw CODII'K10f ll«omes 18' oh"td •-Of II till~ widl ,litiplioll whtii the ~r.ctor Of'~ M I feAIII Of IUCh cbftctHM lty rhf' COIIli'ICUftl fF'IIIC'Y . dtc c•lndol' MIY ~the Scaw of Colonclo 10 rnw.r into~ hbptton to prot«: I the 1111u~ t of ... Stat• of Celonodo COLOaAIIO U.IOil I'IU.FEII£NC£ 6 ~'of "'-11-101. A. 101 . CRS 1913 fOf pnff'mlct of Colorado lahul en~ •• th~to rontr.n tf public WOftu. within the SUI~-.: •"*"*" hrrNACkr ...d IMt f~"' •hoh-Of"' pllf1 tt~ Sl at~ fuM GENERAL 1 TM ... , of tM St .. ~ of Ce6ondo aM ru~ and replihon ~ ~ putw.aftl dw.~to .... bt apphc.o:d "' 1M ........,.....10111 ueo.-Md nfUKe~nrnt or th~ contnct 41t) pro"lYYOI of ttla contr.t1 ..twfhft Of "ot ~ heftia ~· ~ whw:h,......, ftw 8fbttntMH'l by MY nln JudiiCUII t.od) tw ptnot~ or whtlf'h & ot~ .. c-•fhct wid~ .M! t.ws , Nln Md ..pialtOM 'llh.U be~ "ul •Ad "'ld !lrtottt .. f'Ofltanwd Mill .,. ........... ~ a.m. .,. -~ wtuch ,.rpc:wfl IO MJ!liC lhf' Of An\ Oftwt ifC!C ... pnmNM • _.. or • ,.... .. W ....., • ettfOfftiiWto • ...tlablt tn •Y 11tltoft M Ia • •itdhtr b) ... ~ of ~"'· ----·""",_ ____ \)o .......... t ... olth .. _ .. __ • ttw __...., ef llllil ~ se .._ n.,...., tk aM~~trwt • capa!* ol n «11t.- l1w _.. ....... -tMt..,.-!o...a-wktl IU-101 •• "''·llnilfty _. c ...,...tl•-1 -"' l..,._.l ,d~.f~o(-OIIiorl CA.S 197l.os-.t ..... tt.ot .. •oolot-ol ___ ,. -' 1M ...... , '"" .......... k......_, ItO \tall' eMploy• -..,. pl"fttHaa ... lllrtwflall .. tcftlt ............... ~.,........,. ........ ....... '··· i· • { • • • • ., , BY AUTHORITY ORDINA NCE NO. SERIES OF 198~3------ COUNCIL BILL NO. 26 INTRODUCED a COU NC IL MEMBER ~ A BILL FOR I AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHOR ITY $27 7 ,500 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOU SING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. WHEREAS, the City of Englewood has received a Two Hundred Seventy-seven Thousand Five Hundred Dollar ($277,500) grant from t he United States Department of Housing and Urban Development to operate a Housing Rehabilitation Program; and WHEREAS, it is necessary to amend and clarify the agreement between the Housing Authority and the City of Englewood concerning the Housing Rehabilitation Program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That the City of Englewoo d shall amend an agreement with the Hous ing Authority titled •An Agreement Between The City Of Englewood And The Englewood Housing Author ity Regarding The Poli ci es Governing the Housing Authority (4/83),• attached hereto and incorporated by reference, generally including the follo wing: 1. Appl ica tion and approval procedure for obtaining a loan or grant from the Housing Rehab ilitation Program. 2 . The establishment of poli cies and priorities based on the use and purpose of the grant and loan eligibility, income , n ighborhood , liens , credit factors, loans on rental property, and repayment. 3. Th requirement of supervision of any i provement. Section 2. A. That the City of Englewood hereby gr nta to th Englewood Housing Authority the au of Two Hundred Seventy-seven Thousand ive Hundred Dollars ($277 ,500) to be used in accordance with Application Gr nt Number B-82-DH-08-0054 under Title 1 of the Housing D velopment Act of 1974 and the Agree~ent de cribed n S ction 1 hereof. ion to the $277,500 housing rehabili ation funds to the nglewood Hous ng Author y, th Ci y will use Thous nd ive Hundred Dollars ($22,500) of the gran in a ra ion unds to cover adainistrat v expenses such 1 ri s nd supplies r quired by the Housing Rehabilita- l • , • ...... \ • • • tion Program. Section 3. That all ordinances and resolutions in conflict with the foregoing are hereby repealed and expressly repealed are all prior Rehabilitation Loan Program Agreements. Section 4. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement for and in behalf of the City Council and the City of Englewood, Colorado, and that the Director of Finance, ex officio City Clerk-Treasurer attest the same. Introduced, read in full, and passed on first reading on the 6th day of June, 1983. Published as a Bill for an Ordinance on the 8th day of June, 1983 . 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, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of June, 1983 . Gary R. Higbe 2 I • • • • AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD IIOUSINC AUTHORITY REGARDING THE POLICIES GOVERNING THE HOUSING REHABILITA'J'lON LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTIIORl'l'Y ( 4 /8 3) • The City and the Authority agree as follows: I. The Englewood Housing Authority, hereln cullc<.l Llll! "AuLit urily" through its personnel, or the personnel of the City of Englewood, herein called the "City", with the approval of the City Manager, shall be respon- sible for the execution of the Housing Rehabilitation Loan and Grant Program, herein called the "Program", in accordance with Commu n ity Deve lopmen t Block Grant (CDBG) regulations. The Authority shall turn over any unused CDBG funds to the City at the end of the agreement or if HUD demands the money in accordance with CFR 24, 570.910{b). 2. Application for assistance shall be first submitted to and approvco by the Authority under policies adopted by the Authority. 3. Upon receipt of an application, the Authority shall cause an in- spection to be made of the applicant's residence and, if deemed necessary, shall: 4/ 3 a. Cause a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- standard. b. Cause an estimate of the cost of such repairs to be made. c. Obtain sufficient documentation that the applicant had good title to aaid residence. d. Make an stimate of the value of the applicant's equity in said reaidence. Pr pare and verify a social and economic profil o! the applicant which shall include: Family composition, family income, place of employment, if any, of all family membera, approximate data of purcha a of r ai- dence, and exiating indebt dneaa aecured by id residence. f. Prepare a preltainary analyaia of pplicant'a bility to repay any funda .. de vailable to applicant und r th proar •· I . • • • II Ill/ r. Use and Purpose Loans and grants are made available f or the purpose of permanent improvements, additions, or o the r housin g rchablllt allon aud llliiY only be used for: A. Repairs and improvements to meet City Code Standards. B. Handicap retrofitting. C. Energy conservation improvements. D. Elimination of incipient violations of the City Code. E. General property improvements. II. Eligibility for Loans A. Eligibl~ Borrowers. Loans shall be made only to persons who own the property on which the improvements will be made. B. Eligible Properties. Loans shall be made only for residential properties containing four dwelling units or less located in the City of Englewood. III. Eligibility for Grants A. Eligible Grantees. Grants shall be made only to natural personb who own and resid in the property on which the improven1ents will be mad • Grantees must meet the then current income eligi- bility limits as s t forth by the funding gency. B. Eligibl Properties. Grants shall be made only for r sidential properties located in priority neighborhoods. IV. Prioriti v. I A. B. Priority ighborhooda. At least once each will d teraine Priority eighborhooda. Th will b deai nated in the applicable fundin the Stat or th City. n race t o! n upon Within ch to d t rat furth r prioriti a of th lo n u bl y ar the Authority Priority 1 hborhood propo ala to HUD, for • • • • priority -funds required to bring property to City Code SlanJa rds; second priority -f und s for handicap retrofitting; Ll llrd prloclLy - f unds for energy conservation improvements; fourth priority -funds to cure incipient violations of the Code; fifth priority -general property improvements. VI. Loan Limits A. Monetary ~ ~· At l east once a year the Authority will determine the loan limits. B. ~Based on Appraisal . Notwithstanding the above , a loan secured by a first deed of trust shall not exceed 90% of the appraisal value of the property as determined by a qualified appraiser. If the loan is secured by a second deed of trust, the total of the first loan and the property rehabilitation loan shall not e xceed 90 % of the appraised value of the properLy as determined by a qualified appraiser. Loans secured by a third or fourth deed of trust shall not exceed 80% of the ap- praised value of the property as determined by a qualified appraiser. VII. Grant Limits At leas t once a year the Authority will determine the maximum granl amount. VII I. 1.!!!!.! I , A. Loans will be secured by a deed of tru t. B. Property improved by a grant shall be secured with a lien th reon . Repayment of the grant in the event of payoff, sale, conveyanc or other transfer of th property excluding d ath, or if th hou•- ing unit is used oth r than aa the grantee(a) primary houaing unit, grantee(&) agree to th followina r payment conditions: (1) Grante (s) shall repay 100% of th grant should th prop rty b aold, convey d, tranaferr d or delivered durin the first tw lve sontha, incluaiv , after aignin& of the Grant A re nt. (2) (3) (4) Grant e(a) ahall repay 80% of th b aold, conveyed , tr naferr d or lowin p riod of t1 : 13th throu of th Cr nt arant hould th prop rty d liver d durin& th C 1- h 24th .anth fter nin • • • .. • (5) Crantee(s) shall repay 20% of the grant ,;houl<.l Lite pro perLy be sold, conveyed, transferred or delivered during the fol- . lowing periou: 49th through 60th monLh ufter slgnlng Llic Grant Agreement. (6) Crantee(s) shall not be required to repay the grnnt should the property be sold, conveyed , Lrans[erre<.l or dellvere<.l following the 60th month after signing of the Grant Agr eem ent. Repayment shall be made to the Program account. IX. Credit Factors for Loan A. Ability ..£2_ !!!l_. All credit decisions shall be based only on the applicant's ability to repay the loan. Action on loans shall not be based on, or influenced by, the race, creed, color, national origin, marital status, sex or age of the applicant. B. Normal Rate Loans. The normal interest rate shall be the ~ity's ~t borrowing rate for funds for property rehabilitation purposes, plus a 1% service anu administrative fee. C. Less Than Normal Rate Loan. If the applicants are a "moderate", 'loW"' O'r"very low" inc'Oiiie"family, and the application meets all other policies the Authority will approve the loan at 1 s~ than the normal interest rate. X. Loans for Rental Property Loans covering property where the owner is not a resident of th property shall be in accordance with policies set forth by Authority. If the application is approved, the owner shall agree to nter into a contract with the Authority to keep rents within th reach of lo or moderate incom~ families and/or make the property eligible for Federal Section 8 Housing Assistance Payments. Loans for th purpoa of general property improvements shall b limited to 30% of th total of the loan approved. XI. Construction XII. /ll Work done with the proc da of a loan and/or rant s hall b co - pliahed by a licensed aeneral contractor. nt of Loan pay nt tar• ah 11 not axe d 20 ya rs. Loans ehall b r p yable in equal installments of principal and interest du on or b ro th first of ach .onth. I I I • • • • ,. • 5. The Authority or designated official shilll Lh cn <·xalllill<' md , v.ll- uate the applic~tion, tog~ther with all required reports and findings, und either approve, reject, or modify and approve such application. The Jcci:;iun of the Authority shall be final and binding upon the applicant. 6. The Authority shall require repayment of loans and/or grants as set forth in established policies. 7. All funds repaid by applicants shall be used only for similar loans or grants of housing rehabilitation assistance to applicants approve<..l by the Authority. 8. The Authority or designated official shall approve all loan& .Jn <l/uJ ' grants under this program by appropriate action when satisfactory evidence of the following has been submitted to the Authority: a. Applicant has good ti tle to the residenc e. b. Loan applicants shall have sufficient equity therein to justify said loan and/or grant. c. Applicant has entered into a written contract on forms to be approved by the Authority with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. d. That said residence, after rehabilitation and repairs, will be maintained in a satisfactory manner. e. Loan applicants should prove an ability to repay the loan. 9. All persons and entities entering into contracts with applicants for repairs and rehabilitation of any substandard reaidenc shall be an equal opportunity employer and shall comply with all applicable Federal, City and State codes, atatut a and ordinances. 10. The Authority hall g nerally supervise all tion construction and shall authorize payment for s me performed in accordance with the construction contract cant and approv d by Authority. rep ir nd r habilil - when substant ally entered into by appli- 11. Th Authority may establish thoae accounts and allocat those funds necee ary to fulfill the provieiona of this a r nt. 1 • h Authority h 11 prvpar dmini tr t v pro durea to impl the intent of thie contract and Authority policiee. r 13. rdin Th Authority hall submit n annual r port to th th performance of th pro r •· City Cuun< U U. Thi A&r nt 11 be bindin upon th p rtiea h rato and th ir IUCC re, -.5- I 3 • I • • • • 15. This Agreement supersedes and replace s a ll othe r a gr caments between the parties relating to the program. IN WITNESS WHEREOF, this Agreement has be en e xecu t ed at Engle wood , Colorado, this ____ day of , 1983. Attest: Gary R. Higbee, Director of Finance, ex officio City Clerk-Treasurer Approved as to Form: Rick DeWitt, City Attorney Attest: Frances Buck Jonas Executive Director 4/ , CITY OF ENGLEWOOD, COLORADO a Municipal Corporation By=---~~~~~~--------------Eugene L. Otis, Mayor ENGLEWOOD HOUSING AUT HOR ITY By-=~--~~----~~---------------Thomas J. Burn s , Chair n • • • • • .. - BY AUTHORITY ORDINANCE NO. SERIES OF 198~----- COUNCIL BILL NO. 26 INTRODU~ CO ~ MEMBER c/4~.J/ A BILL FOR AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHOR ! Y $ 7 7 ,500 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDIN G AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. WH ER EAS, the City of Englewood has received a Two Hundred Seventy-seven Thousand Five Hundred Dollar ($277,500) grant from the United States Department of Housing and Urban Developmen t to operate a Housing Rehabilitation Program; and WHEREAS, it is necessary to amend and clarify the agre ement between t he Housing Authority and the City of Englewood concerning the Hous ing Rehabilitation Program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That the City of Englewood shall amend an agreement with the Housing Authority titled "An Agreement Between The City Of Englewood And The Englewood Housing Authority Regarding The Policies Governing the Housing Authority (4/83),• attached hereto and incorporated by reference, generally including th followi ng: 1. Application and approval procedure for obtaining a loan or grant fro~ the Housing Reha bilitation Pr og ra m. 2. The est blishm n t of poli cies and prioritie bas d on t e use and purpose of th grant and loan ligibil y, 1ncoae, neighborhood, liens , credit facto rs, loans on tental prop rty, and repayment. 3 . The r quir m nt o s pervision of any aprovea nt. Section 2. A. That he City of ng e ood hereby grants to th Engl od Hou in Authority th aua of T o Hundred S venty-aeven houaand v Hundred Dollar a ($277, 500) to be used in ccord nc 1 Appll c a ion Gr nt u b r -82-DH-08-0054 und r Title 1 of h Ho u s ing D velop ent Act o 1974 and the Agree• nt de r b d n S ection 1 hereof. •• to th $277,500 hou& n r ha n l ood Hou 1ng Author ty, he Ci nd lve Hundred Dollars ($22,500) o ion unda o cov c ada nia cat v nd u 11 a c ired by th ousin 1 • • - 'I • • • tion Program. Section 3 . That all ordinances and resolutions in conflict with the foregoing are he reby repealed and expressly repealed ar e all prior Rehabilitation Loan Program Agreements. Section 4 . The City Council of the City of Engl e woo d , Color a do, her eby authorizes the Mayor of the Ci ty of Englewood, Colo ra do, to subscribe his name to said Agreeme nt for and in behalf o f the City Council and the City of Englewood, Col orado, and that the Director of Finance, ex officio City Clerk-Treasurer attest the same. Introduced, read in full, and passed on first reading on the 6th day o f June, 1983. Published as a Bill for an Ordin anc e on the 8th da y of June , 1983 . Eugene L. Otis , Mayor Attest: ex offic1o City Clerk-Treasurer I, Ga ry R. Higbee, ex officio Ci ty Cle rk -Tr asurer of the City of Englewood, Colorado, hereby certify tha t the above and foreg o ing is a true , accurate and complete copy of a Bil l for an Ordinance, introduced, read in full, and passed on f i rst reading on the 6th day of June, 1983 . Gary R. Higbee 2 I • • • • - AN AGREEME NT BETWEEN THE CITY OF ENGLEWOOD AND THE ENCLEWOOD IIOUSINC AUTHORITY REGARDING THE POLICIES GOVERNING THE HOUSIN G REHABILI TA'J'lON LOAN AND GRANT PROGRAM OF THE ENGLEW OOD HOUSING AU TIIORI'J'Y (4/83). The City and the Authority agree as follows: 1. The Englewood Housing Authority, hercln <.:allcd Lhu "AuLhurlLy" through its personnel, or the personnel of the City of Englewood, herein called the "City", with the approval of the City Manager, shall be respon sible for the execution of the Housing Rehabilitation Loan and Grant Program, herein called the "Program", in accordance with Communit y nevel opment lllock Grant (CDBG) regulations. The Authority shall turn over any unused CDBG funds to the City at the end of the agreement or if HUD demands the money in accordance with CFR 24, 570.910(b). 2. Application for assistance shall be first submitted to and approvcu by the Authority under policies adopted by the Authority. 3. Upon receipt of an application, the Authority shall cause an in- spection to be made of the applicant's residence and, if deemed necessary, shall: I 3 a. Cause a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- standard. b. Cause an estimate of the cost of such repairs to be made. c. Obtain sufficient documentation th t th applic nt had good title to said residence. d. Hake an estimate of the value of the applic nt 's equity in said residence. e. Prepare and verify a social and economic profile of the applicant which shall include: Family composition, family income, place of employment, if any, of all family members, approximate date of purchase of resi- dence, and exiating ind bt dneaa ecured by a id r sidence. f. Prepar a preliminary analyaie of pplicant'a ability to repay any fund .. d avail ble co applicant und r the proar m. 4. In th • I . • • II II II l. Use anti Purpot;e Loa n s and grants are made ava ilabl e fo r the purpose of permanent im provements, additions, or o Lhcr housing rchabllll ation .uod '""Y only be used for: A. Repairs and improvements to meet City Code Standards. B. Handicap retrofitting. C. Energy conservation improvements. D. Elimination of inc ipient violations of the City Code. E. General property improvements. 11. Eligibility for Loans A. Eligibl~ Borrowers. Loans shall be made only to persons who own the property on which the improvement s will b made. B. Eligible Properties. Loans shall be made only for resid ntial properties containing four dwelling units or less located in the City of Englewood. Ill. Eligibility for Grants A. Eligibl Grantees. Grants shall be de only to n tural pcrbons who own and reside 1n the property on which th improv a ntb will b made. Grantees must meet th then current inco e eli 1- bility limits s set forth by the funding agency. B. Eligible Properti a. Granta shall be made only for r aid nti J properties located in priority neighborhood&. lV . Priorities v. 4/ A. Priority eighborhooda. At 1 aat one ach year th Authority wi ll d t raine Priority ei hborhooda. The Priority i•hborhood wi ll be deaignated in the appl icabl funding propoaala to HUD, the Stat or th City. Priorlti Within ch application !urth r prioritiea to d ler•in th mount of tl lo n u bl I • I 3 • • .. • priority -funds required to bring property to City Code StanJanl!,; second pr-iority -fu nds for handicap retrofitting; third prlorily - f unds for energy conservation improvements; fourth priority -funds to cure incipient violations of the Code; fifth priority -general property imp rovements. Loan Limits A. Monetary Loan Limits. At l east once a year the Authority wi ll determine the loan limit s. B. ~Based~ Appraisa l . Not withstanding the above , a loan secured by a first deed of trust shall not e xceed 90% of the appraisal value of the property as determined by a qualified appraiser. If the l oan is secured by a second deed of trust, the total of the first l oan and the property rehabilitation loan shall not exceed 90% of the appraised value of th~ prop~rli as determined by a q uali fied appra ser. Loans secured by a third or fourth deed of trust shall not exce d 80% of the ap- praised value of the property as determined by a qualifi d appraiser. Grant Limits At least once a year the Authority wil l determine th maximu m grant amount. A. Loans will be secured by a deed of trust. B. Property improved by a grant shall be secur d with li n th r on. Repayment of the grant in the event of payoff, sale , c onveyance or other transfer of the property excludin d th, or if th houb- in unit is used other than as the grant e(a) primary houain un t, grsnte (a) agree to the following r pay nt condit i ons: (1) Gran t (s) shall repay 100% of the grant should th prop rty b sold, conveyed , transferred or delivered during th first tw lve months, incluaiv , after signin of the Grant A r ment. (2) (3) (4) Gran t e(a} shall repay 80% o th b old , conv y ed , transferr d or 1 in p riod of tt.e: 13th throu of th Cr nt A r nt. r p y 60% o y d, tr naferr ti•: Hth A r nt. -3- • rant should th prop rty delivered during th fol - h 24th month after i ning I • a • • • (5) Gra ntee(s) shall repay 20% of the grant »hou ld Lh!.! prop!.!rLY be sold, conveyed, transferred or delivered during the fol- lowing pe riod: 49th through 60th mo n th af Ler lligning LIJC.J Grant Agreement. (6) Grantee(s) shal l not be required t o repay the grant should the pro pe rty be sold, c onveyed, tran sfe rred or delivered following the 60th month after signing of the Grant AgreemPnt. Repayment shall be made to the Program account. IX. Credit Factors for Loan A.. Ability !£ ~· All credit decisions shall be based only on tlw applicant's ability to repay the loan. Ac tion on loans shall not be based on, or influenced by, the race, creed, color, national origin, marital status, sex or age o f the applicant. B. Normal ~Loans. The no rmal interest rate shall be the Authority's current borrowing rate for funds for property rehabilitation purposes, plus a 1% service and administrative fee. C. Leas Than Normal Rate Loan. If the applic ant s are a "moderate", '"ffWTT Cir""'very low "income family, and the app lication meets all other policies the Authority will approve the loan at less than the normal interest rate. X. Loans for Rental Property Loans covering property where the owner is not a resident of the property shall be in accordance with po lic ies set forth by Aut hority. If the application ia approved, the own r shall agr e to enter into a contract with the Authority to keep rents within th reach of low or moderate incom~ families and/or make the prop~rty eligible for F deral Section 8 Housing Assistance Payments. Loans f or the purpo es of general property improvements shall be limited to 30% of th total of th lo n approved. Xl. Construction I Work don with the proc da of a loan and/or grant shall b accom- plish d by a licens d aeneral contractor. pay nt t c. hall not axe d 20 y rs. in equal install nts of principal and inter th first of ach 80nth. I I I • W&ns t d 11 be rep yable on or b for I • • - a • • • 5. The Authority or designated official shall then cxam illl ' '""I <V .II - uate the application, together with all required reports and findings, and either approve, reject, or modify and approve such application. The decision of the Authority shall be final and bind ing upon the applicant. 6. The Authority shall require repayment of loans and/or grants as set forth in established policies. 7. All funds repaid by applicants shall be used only for similar loans or grants of housing rehabilitation assistance to applicants approved by the Authority. 8. The Authority or designated official shall approve all loans auu/o l' grants under this program by appropriate action when satisfac tory evidence ol the following has been submitted to the Authority: a. Applicant has good title to the residence. b. Loan applicants shall have sufficient equity therein to justify said loan and/or grant. c. Applicant has entered into a written contract on forms to be approved by the Authority with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. d. That said residence, after rehabilitation and repairs, will be maintained in a satisfactory manner. e. Loan applicants should prove an ability to repay the loan. 9. All persons and entities entering into contracts with applicant& for repairs and rehabilitation of any substandard residence shall b an equal opportunity employer and shall comply with all applicable Federal, City nd State codes, statutes and ordinances. 10. The Authority shall generally supervia tioo construction and shall authorize payment for aa performed in accordance with th construction contra t cant nd approved by Authority . 11. The Authority may eaubliah tho a neceaaary to fulfill the provisions of th1a 1 Th the intent of r 13. Th rdin th 14. Thi ucc li ora. I :s Authority 11h this contract Authority sh 11 uba t an p rforun of th pro raa. llb -s- • r p ir and r h bilit - h n ub tant ally nter d into by ppli- a locat t o fund n til r • • • • .. • 15. This Agreement supersedes and replaces all other a g r eem en ts between the parties rela ting to the p rogra111. IN WITNESS WHEREO F , this Agreeme nt has been ex ecuted a t Englewo od, Colorado , this ____ day of , 1983. Attest: Gary R. Higbee, Director of Finance, ex officio City Clerk-Treasurer Approved as to Form: Rick DeWitt, City Attorney Attest: France• Buck Jonaa Executive Director I 3 CITY OF ENGLEWOOD, COLORADO a Municipal Corporation BY·~----~~~--~-----------------Eugene L. Otis, Mayor ENGLEWOOD HOUSING AUTHORITY By~------~~~---~~--------------------Thomas J. Burns, Chairman -6- • I • • • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E May 31, 1983 AGENDA ITE M SUBJ ECT PROPOSED BI LL FOR ORD I NANC E I NITI ATED BY Department of Community Development ACTION PROPO SED Approve a Bill for Ordinance granting the Englewood Hou s i ng Authority 5277,500 for the Housing Rehabilitation Program. The City was recently notified that the $630,000 HUD Community Development Block Gr a nt for Downtown Revitalization was app r oved. $277,500 of the Grant is to be assigned t o th e Englewood Housing Authority for administration of the housing rehabilitation pro - gram. The attached Bill for Ordinance authorizes this transfer of funds and assigns the responsibility for administration of the program to the Englewood Housing Author ity . A revised Agreement between the City and Englewood Housing Authority for the admini s t r~ tion o f the housing rehabilitation program is also submitted for approval of the City Council. Changes were made to simplify the agreement and allow the EHA flexibility to make pol i and procedure changes per funding agenc y regulations without having to re ques t City Council t o revis the Agreement several times each year. The change s a re as fol lows: Se c . 1 & V -H ndicap r tro f it added as an eligible and priority improve me n t. The po lnl ~>y ~>Lc m for prlorlLlcs (o r .1ppru va l uf .!p plic.&L lull b W.Jb Eligib l e applic ants are processed nd p prov d on fir t c.ome , =S~~~~~~ - L al d cript ions of target a re will b d ignat d in th p p lica bl diff rent t arg t areaa • n ighborhoods wer fu nding p r o po l~o d. Sp cifi differ n t VI -Third and fou rt h d da of t r u at will be a ll ow u 1f tOt 1 rta 11 do d 0% of th pp r ill d v lu Ct.: ait t cJ by n thoc.l~ uf f nanc n a wi th f ir a t and cond deeda of trua t. that owners mu~ot b turn cJ down for lo n by t fo r d 1 t d ba d o n dvi of th on rtiu -rruv ord f un fu r w ~:.&l uqulty wurl<. <.lunu !Jy u w&&·r tl;:l<t<<l ho&.,,l '"'I""" 1'<&- a t quity j ob • • I • I I • • • • Proposed Bi 11 for Ordinc.nce -2- S ~c. 6, I, II, III, IV -Deleted as redundant, covered in Section 4, VIII. Other minor changes in wording were made to clarify without making substanlivc chanll"'· RECOHMENDATION: lt 1~ recommended that the City Council approve the revision in the Agreement between the Englewood Housing Authority and the City for the administration of the Housing Rehabilitation Program and authorize the transfer of funds. SUGGESTED ACTION: MOVED Y------------------------------ SECOND ____________________________ __ ES------------~·0------------~BSENT ________________________ __ • • • - RESOLUTION NO . c( 1 SEHIES OF 1983 • • • 7 ,J A RESOLUTION APPROVING A LONG-RANGE PLAN FOR THE PAVING OF CITY STREETS IN THE CITY OF ENGLEWOOD THAT HAVE NOT ~EEN SKOUGHT UP TO CITY STANDARDS . WHEREAS, appro x imately 85% of the City's streets have been brought up to City specifications through the paving district programs; and WHEREAS , streets that are brought up to City standards require less maintenance and repair; and WHEREAS , properly constructed streets result in lower costs to the citizens of Englewood; and WHEREAS , City Council desi r es to plan for the paving of the remaining 15% of the streets not yet brought up to City standards; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. City Council hereby adopts the attached long-range paving district program beginning in 1985 and concluding in 1994 that would result in the completion of construction of streets to City specifications . Section 2. City C.:ouncil hereby adopts the policy that no res1dence shall be taken solely to complete this program . Section 3. hat by adopting said program, City Council shall evaluate each paving district taking into account those factors relevant, including the nature of the neighborhood, unique environmental factors and other factors as are necessa~~--:~~ evaluate the construction of a street. ~ ~ ~-~ --- ADOPTED A D APPROVED this 6th day of June, 1983. Eug ne L. Otis, Mayor Attest: x otficio City C1erk-Treasur-r-- I, ary • Higb , ex City of Enylvwood, Color o , or yo nq a tru , ccur t No. , ., ric o 1963. officio C ty h reby c rt nd complet • th bov nu olutl.on I • • I RESOLUTION NO. cJ 1 SEHIES OF 1983 • • • A RESOLUTION APPROVING A LONG-RANGE PLAN FOR THE PAVING OF CITY STREETS IN THE CITY OF ENGLEWOOD THAT HAVE NOT BEEN BHOUGHT UP TO CITY STANDARDS. WHEREAS , approximately 85% of the City's streets have been brought up to City specifications through the paving district programs; and WHEREAS, streets that are brought up to City standards require less maintenance and repair; and WHEREAS, properly constructed streets result in lower costs to the citizens of Englewood; and WHEREAS, City Council desires to plan for the paving of the remaining 15% of the streets not yet brought up to City standards; OW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section City Council hereby adopts the attached long-range paving district program beginning in 1985 and concluding in 1994 that would result in the completion of construction of streets to City specifications. Section 2 . City C.:ouncil hereby adopts the policy that no residence shall be taken solely to complete this program. Section 3 . hat by adopting said program, City Council shall evaluate each paving district taking into account those factors relevant, including the nature of the neighborhood, unique environmental factors and other factors as are necessary~ evaluate the consLruction of a street1 ~ ~ ~ f _ ADOPTED A D APPHOVED this 6th day of June, 1983. Eugene L. Otis, Mayor Attest: ex officio City ClerK-Treasurer o. officio C ty Cl rk-' r sur r o th h r by c rtify th L Lh buv nd nd co pl t copy of K solution • I • • • .. RESOLUTION NO.~ ? K SERIES OF 1983 ____ _ A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PROVIDE FOR A COMMUNITY CENTER FOR THE CITIZENS OF THE CITY OF ENGLEWOOD, SAID COMMUNITY CENTER BEING APPROVED BY THE VOTER S OF THE CITY OF ENGLEWOOD. WHEREAS, to protect the health , safety and welfare of the citizens of the City of Englewood, it is necessary that a com- munity center be built; and WHEREAS, the City Council finds that a public need exists to acquire the additional real property to construct said community center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That pursuant to the provisions of the State Constitution, State Statutes, and City Charter, the City of Englewood shall acquire by purchase or condemnation the fee simple title to the following lands for the purpose of constructing a community center for the citizens of Englewood: A parcel of land in the Southeast Quarter of Section 4, Township 5 South, Range 68 West, described as: Beginning on the North line of West Oxford Avenue 1,158.9 feet, more or less, East of the Easterly line of the A.T. & S.F. Railroad right-of-way, said point being on the West line of South Kalamath Street as described in Book 1735 at pag 138 of the Arapahoe County records; then~~g~~t along said West line of South Kalamath St reet Y t; thenc West and paralle l to the North line of West Oxford Av nue 395.0 feet; thence South and p llel with the West line of South Kalamath Street et to a point on the North line of West Oxford Avenu ; thence East along said North line 395.0 feet to the point of beginning. Said parcel contains acr s, more or les • ~~~ Sect on 2. That th City Man g r, or his de ignee, b and h re y Is au horized and dirac ed to n go late the purcha e with the o wn t of a d pare 1 of land, and pon failure to gr e upon the fair mar v lu thereof, the C1ty At orney 1s h reby au horiz d and dlrected to comm nc n act ion in minent domain to cond mn the bove descrlb d parcels of real prop rty a authoriz d by law. • I . -• • • Section 3. That the Director of Finance, ex officio City Clerk- Treasurer is hereby authorized and directed to appropriate, set aside, and hold for all necessary j udgments and awards sufficient sums to be paid as just compensation to the owner of the property to be taken and such appropriation shall not be less than the City's highest appraisal value of the parcel in question. APPROVED AND ADOPTED this 6th day of June, 1983. Attest : Eugene L. Otis Mayor ex offi cio 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 1983. Gary R. Higbee 2 • • - RESOLUTION NO.~ SERIES OF 1983 ,. • • • A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PROVIDE FOR A COMMUNITY CENTER FOR THE CITIZENS OF THE CITY OF ENGLEWOOD, SAID COMMUNITY CENTER BEING APPROVED BY THE VOTERS OF THE CITY OF ENGLEWOOD. WHEREAS, to protect the health, safety and welfare of the citizens of the City of Englewood, it is necessary that a com- munity center be built; and WHEREAS, the City Council finds that a public need exists to acquire the additional real property to construct said community center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That pursuant to the provisions of the State Constitution, State Statutes, and City Charter, the City of Englewood shall acquire by purchase or condemnation the fee simple title to the following lands for the purpose of constructing a community center for the citizens of Englewood: A parcel of land in the Southeast Quarter of Section 4, Township 5 South, Range 68 West, described as: Beginning on the North line of West Oxford Avenue 1,158.9 feet, mor or less, East of th Easterly line of the A.T. ' S.F. Railroad right-of-way, s id point being on the We st line of South Kala ath Street as described in Book 1735 at pag 138 of the Arapaho County records; th nee North along sald st line of South Kala math Street 3 o.o fe t; thenc West nd parallel to the North lin of W st Oxford Av nu 3 5.0 feet; hence South and par llel with the We st 1 ne of Sou h Kal ma h St re t 360.0 f et to a po nt on the orth 1 n o s Oxfo rd Avenue; thence East along said orth lin 3 5 .0 feet to th point of b ginning. Said pare 1 cont:ains 3.265 acr s, more or 1 ss. er , or hades gnee, be and h r otlate the purch •• with th nd on allure to gr e upon the f C1ty Attorney is hereby au horiz d ard n e n ctlon ln nent doma n to cond mn th pace la of r al pro rty authoriz d by la • 1 • I . • • • • Section 3. That the Director of Finance, ex officio City Clerk- Treasurer is hereby authorized and directed to appropriate, set aside, and hold for all necessary judgments and awards sufficient sums to be paid as just compensation to the owner of the property to be taken and such appropriation shall not be less than the City's highest appraisal value of the parcel in question. APPROVED AND ADOPTED this 6th day of June, 1983. Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City of Englewood, Colorado, hereby true, accurate and complete copy of 1983. 2 Eugene L. Otls Mayor City Clerk-Treasurer of the certify that t~~ove is a Resolution No. , Series of Gary R. Higbee • • RESOLUTION NO.~ SERIES OF 1983 • • - 1 L A RESOLUTION SETTING FORTH THE CITY OF ENGLEWOOD'S INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FARM & HOME FOODS, INC. WHEREAS, representatives of Farm & Home Foods, Inc., a Colorado corporation (the •company•), have met with officials of the City of Englewood, Colorado (the •city•), and have advised the City of the interest of the Company in locating a new warehouse and office facility within the City, subject to the willingness of the City to finance the cost of the equipment therein (the •Pro ject •), as an industrial development bond project, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Articl e 3, Title 29, Colorado Revised Statutes 1973, as amended (the •Act•); and WHEREAS, the City Council h as considered the proposal and has concluded that the economic benefits to be derived therefrom by the City will be substantial; and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds; and .. WHEREAS, a public hearing o n the issuance of the Industria l Development Revenue Bonds was hel d on the day of 1983. NOW, THEREFORE, BE IT RE SO LVE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COL ORAD O: Sec t i on 1 . In order t o i nduc e the Company t o locate th Pro j e c t wi thin the City, the City s h al l tak e a l l necessary or advisable ste p s to effect the issuan ce o f i ndu trial dev lopment r venue bond s pursuant to the Ac t in th e •axi•um aggr gate principal amount of $9 00,000 or s uch le sse r amoun a s ha ll b e det ra i ned and a g r e ed upon b y the Compa n y and th e City to fin a nce t he Pr oj e c t. on 2 . o costs or e x pens s shall be bo r ne b y the City in ~c~o~n~n~c~t~Io~n with the ssuance of th ndustrial development r evenue bo ds, the prep r a ion o any doc • nts r latin9 the r eto , o r any 1 9a1 or financial consultants ret ned in connection th e r e with , to ny execution of a financing agreeaent , bond or ny other n c aary document and agree• nts such bonds , sue docu• nts and/or a gree• n s o uthoriza ion by or inane• o th City Counc 1 • I . • • .. Section 4. All orders, bylaws and resolutions, or parts thereof, 1n c onflict with this resolution are hereby repealed. This repe al e r shall not be construed to revive any order, bylaw or resolution, or part thereof, heretofore repealed. Section 5. If any section, paragraph, cl ause or provision of t his resolut1on shall for any reason be held to be invalid or unenfor c e - able, the invalidity or unenforceability of such section, para - graph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 6. Neither the bonds, including interest and any premiums thereon, nor anything with respect to the Industrial Development Bond Project shall constitute a debt or indebtedness of the City within t he meaning of the Constitution or statutes of the State of Colorad o , nor give rise to a pecun iary liability of the City or a charge against its genera l credit or taxing powers. the bonds shal l be payable solely from and s ecured by a pledge of the revenues derived from and payable pursuant to the financing plan of the company. Section 7. This resolut i on s ha ll take effe c t immediately upon its i ntrod uc tion and passage. ADOPTED AND APPR OVED this 6th day of J une, 1983. Eugene L. Otis, Mayor At te s t : rk -T reasucer I , Gary • H1gb e, x City of Engle wood , Colorado, for going is a tru , accurat o. _____ , r ea of 1983. of c o City Clerk-Tr s ur e r of the hereby c rtify that the a bo v e and and coa le e copy of R olut on • • . "' • • - RESOLUTION NO. ____ __ SERIES OF 1983 A RESOLUTION SETTING FORTH THE CITY OF ENGLEWOOD'S INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FARM & HOME FOODS, INC. WHEREAS, representatives of Farm & Home Foods, Inc., a Colorado corporation (the •company•), have met with officials of the City of Englewood, Colorado (the •city•), and have advised the City of the interest of the Company in locating a new warehouse and office facility within the City, subject to the willingness of the City to finance the cost of the equipment therein (the •Pro ject•), as an industrial development bond project, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 29, Colorado Revised Statutes 1973, as amended (the •Act•); and WHEREAS, tbe City Council has considered the proposal and has concluded that the economic benefits to be derived therefrom by the City will be substantial; and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds; and WHEREAS, a public hearing on the issuance of the Industrial Develop ent Revenue Bonds wa s held on the day of 1983 . -- NO , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0 THE CITY 0 GL WOOD, COLORADO: s ction 1. In order to indue the Company to locate th Pro ) ct wl hln the C ty, th City shall take all nee ssary or adv sable t ps to effect the is uance of industrial deve ope nt rev nue bonds pursuant to th Act in the maximu aggregate principal a ount of $900,000 or such 1 sser amount as shall b deterain d and agre d u on by the Coapany and the City to fin nc the Pro j ct. Section 2. o costa or ex ns s sh 11 conn c ion w th the issuance of the ind bonds, the prep ration o any docua nts 1 al or inane al consultants retained b borne by the City in trial develop ent r v nu ny h. r lat ng thereto, or in conn ctlon th re 1 ec on • Prior to ny execution of a f nancin agreeaent, bond purchase age •• n o any other n ce sary doc a nts and agee • nta n conn c on ith such bonds, such docu nta nd/or agree• nts hall b sub) c o authorlza lon by ord nanc the Ci y Counc 1 pursuant 1 l • • • • Section 4. All orders, bylaws and resolutions, or parts thereof, ln conflict with this resolution are hereby repealed. This repeal e r shall not be construed to revive any order, bylaw or resolution, or part thereof, heretofore repealed. Section 5. If any section, paragraph, clause or provision of th is resolution shall for any reason be held to be invalid or unenfor c e- able, the invalidity or unenforceability of such section, para- graph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 6. Neither the bonds, including interest and any premiums thereon, nor anything with respect to the Industrial Development Bond Project shall constitute a debt or indebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. the bonds shall be payable solely from and s ecured by a pledge of the revenues derived from and payable pursuant to the financing plan of the company. Section 7. This resolution sha ll t a ke effect immediately upon its Introduction and passage. ADOPTED AND APPROVED thi s 6th da y of J une, 19 8 3 . Eugene L. Ot i s , M yor Attes t : 1 , Ga ry R . Higbee , e x officio City Cl r -T r easu r r of the City of Engle wood , Colo r ado , hereby cer ify hat the above and fore o1ng ia a tru , accurate and coaplete copy of Resolution o. _____ • er •• of 1983. Gary R . Higbee • , I . • • • RESOLUTION NO. ____ __ SERIES OF 1983 A RESOLUTION SETTING FORTH THE CITY OF ENGLEWOOD'S INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FARM & HOME FOODS, INC. WHEREAS, representatives of Farm & Home Foods, Inc., a Colorado corporation (the •company•), have met with officials of the City of Englewood, Colorado (the •city•), and have advised the City of the interest of the Company in locating a new warehouse and office facility within the City, subject to the willingness of the City to finance the cost of the equipment therein (the •project•), as an industrial development bond project, pursuant to the Colorado County and Municipality Development Revenue Bond Act constituting Article 3, Title 29, Colorado Revised Statutes 1973, as amended (the •Act•); and WHEREAS, the City Council has considered the proposal and has concluded that the economic benefits to be derived therefrom by the City will be substantial; and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenue bonds; and WHEREAS, a public hearing on the issuance of the Industrial Development Revenue Bonds was held on the day of 1983. -- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO: S ection 1. In order to induce the Co mpany to locate the Pro ject within the City , th City sh 11 t k all n cessary o r advisable steps to ffect the issuanc of 1ndu tr al dev lopment r venue bonds pur s uant to the Act in he a ximu aggregate principal amoun t of $900,000 or s uch lesser amount as shall be determined and agreed upon by the Company and the Ci y to inance th Pro jec t. in section 2. o costs or expen connection with the issuance o bOnds, th re r ion o ny oc 1 gal or financial consul nts ret to any •• ·ut on o a f n nclng reement, bond or any o h r n c sa ry docu ents and agreeaen • th such bOnds, such docua nts and/or agreem nta o au hotil on by ord nanc o the City Counc 1 pursu n 1 • • - - • • • Section 4. All o rders, bylaws and resolutions, or parts thereof, 1n c onflict with t hi s r e solution a re hereby repealed. This repeal er shall not be c onstrued to revive any order, bylaw or resolution, or part thereof, heretofore repealed. Section 5. If any sec t ion, paragraph, c lause or provis i on of this reso l utl on shall for any reason be held to be invalid or un enfo r ce- able, the inval i dity or unenfor c eability of such section, par a- graph, clause or provision shall not affect any of the remain i ng provisions of this resolution. Section 6. Neither the bonds, including interest and any premium s thereon, nor anything with respect to the Industrial Development Bond Pro j ect shall constitute a debt or indebtedness of the City within t he meaning of the Constitution or statutes of the State o f Colora d o, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. the bonds shall be payable solely from and s ecured by a pledge of the revenues derived from and payable pursuant to the financing plan of the company. Sect i on 7. This reso l ution s ha ll tak e e f fe c t i mm e d iatel y upon its i ntrod uc tion and passage. ADOPTED AN D APPR OVE D this 6th d a y of Jun e, 1 98 3 . Eugene L. Ot i s , Mayor Attest: ex officio city Cle r k-Tr asurer I , Gary R. Higbee , x City of Engle wood, Colorado, foregoing 1 a true, accurat o. _____ , Series of 1983. o!fic o City Clerk-Tr asurer of the hereby certify that the bove and nd coaplete copy of Resolution Gary R. Higbee 2 • • - RESOLUTION NO. SERIES OF 1983 ____ __ A RESOLUTION SETTING FORTH THE CITY OF ENGLEWOOD'S INTEN T TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FARM & HOME FOODS, INC. WHEREAS, represe nt ati ves of Farm & Home Foods, Inc ., a Colorado corporation (the •compan y•), have met with officials of the City of Englewood, Colorado (the •city•), and have advised the City of the interest of the Company in locating a new warehouse and office facility within the City, subject to the willingness of the City to finance the cost of the equipment therein (the •Pro ject•), as an industrial development bond project, pursuant to the Colora do County and Municipality Development Revenue Bond Act c onstituting Articl e 3, Title 29, Colorado Revised Statutes 1973, as amended (the •Act •); and WHEREAS, the City Council has considered the proposal and has concluded that the economic benefits to be derived therefrom by the City will be substantial; and WHEREAS, the City Council desires to indicate its intent to proceed with financing the Project through the issuance of such revenu e bonds; and WHEREA S , a public hearing on the issuance of the Industrial Development Revenue Bonds wa s held on the day of 1983. -- NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL 0 THE CITY OF ENGLE WOOD , COLORADO: S ction 1. In order to induce the Comp ny to locate the ProJect within the City , the Cl y hall ta all necessary or advisable st ps to eff ct the is uanc of industr al development rev nue bonds pursuant to the Ac in the maxi ua aggregate principal a ount o $900,000 or such les er a ount a shall be determined and agee d upon by the Coapany and the Ci y to finance the Project. o costs or expenses shall borne by the City n ndu tr1 1 d v lopaent rev n c lat ng thereto, or any ln conn ct on ther 1 h. • • • • Section 4. All orders, bylaws and resolutions, or parts thereof, in c onflict with this resolution are hereby repealed. This repeal e r shall not be construed t o revive any order, bylaw or resolution, or part thereof, heretofore repealed. Section 5. If any section, paragraph, c lause or provision of thi s resolution shall for any reason be held to be invalid or un e nforce - able, the invalidity or unenforceability of such section, para- graph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 6 . Neither the bonds, including interest and any premiums thereon, nor anything with respect to the Industrial Development Bond Project shall constitute a debt or indebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. the bonds shall be payable solely from and s ecured by a pledge of the revenues derived from and payable pursuant to the financing plan o f the company. se c t io n 7. Th i s resolution s ha l l take effect immediately upon i t s 1nt rod uc tion and passage. ADO PTED AN D APPROVED thi s 6 th da y of J un e , 1983. At test: e x o f ficio Ci t y Cle r k-T r easurer I , Ga r y R. K qbee , ex o f c o C ty Cler -Trea ur r of the City of Enqlewood , Colorado, her by certify that the above and foreqoing a tru , accurate and co•ple copy of Resolution o. _____ , rie o 1983. e • - 1!1( P R 0 C L A M A T I 0 N WHEREAS, by Act of the Congress of the United States, dated June 14, 1977, the first official flag of the United Stutes wus adopted; and WHEREAS, by Act of Congress, dated August 3, 1949, June 14 of each year was designated "National Flag Day" and the Star-Spangled Banner Flag House Association in Baltimore, Maryland, has been the official sponsor since 1952 of National Flag Day for the United States; and WHEREAS, on June 14, 1980, the Star-Spangled Banner Flag House Association developed a national campaign to encourage all Americans to PAUSE FOR THE PLEDGE of Allegiance as part of National Flag Day ceremonies; and WHEREAS, since this concept caught the imagination of Amcr 'cans everywhere, and has received wide citizen support and recogn tion, there has now been created the National Flag Day Foundation, Inc . in Baltimore, Maryland, to plan the Nation's !-'lag Day ceremonies; and HEH AS, P ag ay celebrates our nation's symbol of un ty and st nds for o r country's devotion to freedom, to the rule of law and the eq al rights of all1 , 'HEREF RE, 1 EUGENE L, OTIS, Mayor of the City of Eng oo , Colorado do hereby proclaim June 14 , 1983, as FLAG AY n the City of Englewood and urg all citizens to pause at 7:00 P.M. (J:; ) on this date for th fourth Annual PAUSE f'OH 'l'Hl:: PLEDG E , and r c t , w th all Am r cans, th Plcdg or Allegiance to our f ag nd nation . GIVE under my hand an s 1 th s 6th d y o J u no , 983. .. P R 0 C L A M A T I 0 WHEREAS, the flag of the United State s o f Ame rica is a visible symbol of our history for virtually all .s. citizens living today; and WHEREAS, for citizens of other countries, particularly those behind the iron curtain, the Stars and Stripes kindle hopes of liberty and independence; and WHEREAS, to commemorate the anniversary of its adoption on June 14, 1777, Congress has set aside the twenty-one days from Flag Day through Independence Day as a period to honor America; and WHEREAS, by displaying the national colors during this twenty-one-day salute to America, we symbolize a united democracy, a country that stands alone as a pillar of freedom and a gateway to opportu n ity; NOW, THEREFORE, I, EUGENE L, OTIS, Mayor of the City of Englewood, Colorado, hereby proclaim the twenty-one days, Jun e 14 through July 4, as a period to honor America nd that there be p blic gatherings and activities at which the people can celebrate and honor their country in an appropriate manner. GIVE under my hand and seal this 6th day of June, 1983. Bug~n L . Ot1s , ~ayor I . -- ORDINANCE NO.~--- SERIES OF 1983 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL ~iEMBER __ N_e_a_l _____ _ AN ORDINANCE REPEALING AND REENACTING SECTION 22.4-12, ENTITLED "B-OD BUSINESS DISTRICT", Or THE Cl TV Or ENGLEWOOD COMPilEHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 196J, AS AMENDED). WHEREAS, a Redevelopment Plan has been adopted by the Englewood urban Renewal Authority on May 19, 198 2 , and approved by the City Council of the City of Englewood. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sect1on 22.4-12 of the Comprehensive Zon1ng Ord1nance (Ordlnance No. 26, Ser1es 196J, as amended) 1s her~by repealed and reenacted to read as follows: 22.4-12 B-OD Bua1neas Downtown Development GENERAL STATEMENT OF INTEREST lh1s Zone D1alr1ct has heen deatqned lo gutde the devolopmenl tn a destgnat~d r~development area w1th1n the Englewood Central Bus1nesa Dlalrlcl, 1n an effort to create an attract1ve and compet1t1ve commerc1al center wh1ch w1ll serve as a focus for commun1ty act1 1ty and commun1ty pr1de. The object1 e of th1 D1atrtct 18 to connect the ex1at1ng retell center on South Broadway w1th Ctnderella C1ty; to create an auto-free pedestr1an area for ahoppang, r ere t1on, nd communtty octlvlltea; lo attract buaane and profeaa1on 1 persona lo bolh ltve and work 1n the area; to pro tde a proper b lance of pubLIC and pr1v le uaea; and to ncourag the conatruct1on of projects wh1ch are compattble w1th lhe urround1nq reatdenttal areas. Accompl1ahm nl of thea objecltvea through thaa flex1ble lontng ord1nanc wtll result 1n a well-planned downtown development d1atr1ct wh1ch wtll meet modern c1ty naada and pro 1da for mora co pal1bl nd affact1 a de alop•anl p llarna. Th1a courae or elton 1a daa1r bla at th1a t1• b c ua~ peopl are d1aco arang the cultural, aoc1 l and 1ntellactu 1 opportun1t1aa 1n th c1ty can ar nd becaua of h1 l 1n l1f atylea du to hagh nw gy coal whach mal< cummuttng 1 a a attractt a. To lh ee ends, th Downtown Develop• nt Dtelr1ct pru 1rl hlghar deneaty, •1 ad u a de alop• nt whLch 111 lud e: ree1danl1al unt , con an1anca nd paraon l aerv1 c e c u••v r c t • I • • • • uses, special uses such as theaters, restaurants, and cultural facilities,, professional and general offices, cerlaJn publt c facilities, and a hotel and convention center. Because of Lhe pedestrian orientation of this District, reta1ler s are encouraged to a cc ommodate the delivery of large items such as appl1ances and/or furniture to customers from a warehouse at a locatto n more appropr1ate for such use. The d1str1ct 1s to be divided 1nto three areas: 1. The Commons, the public open space bordert n q Lttlle Dry Creek and along lhe righl-of-way for We st Girard Ave n ue, together with the development which fronts on this open area. lhe uses perm1tted within the Commons are pedeslrtan-or!ented and focus upon activities which encourage act1ve commun1ty Involvement. 2. The Center, the more intensely developed acttvtty center, which 1s separated from, but has access to lhe Commons. 3. The Periphery, the "buffer" between the activity center and residential area to the north of West floyd Avenue. It 1s the City Council's intent that the development In each of these areas be dea1qned to complement the development 1n the other two areas, and that In the surrounding neighborhood . To as s ure the quality of development sought by the Citizens of Englewood, a Downtown Design Review Committee will be appointed to revtew development plans wh1ch must be subm1Lted for any new c o nstruct ion or major additions or alterations to ext s t1ng butldlngs in the Downtown Development Dtstr1ct. The Downtown Des1gn Re 1ew Committeo shall rev1ew such plans to assure conformance With adopted design guidelines and the Downtown Redevelopment Plan, whtle the ultimate respo na 1b1l1Ly for enforc1ng the requirements set forth 1n this Zone Distrtct ltes Wit h the C1ly through the Depart ment of Communtly Development. I. APP LIC ATION OF SUPPLEMENTARY REGUL ATI O S. Unl a othtHWI&s prov1ded 111 tht Ordinance or hereto , the usee 1n th1e Zone D1etr1ct ah 11 b the raqutremanta end at nderde round 1n S c ton Supple~entary Regul1t1ona. I I. .!!ll1• • Perm1tt d Prtn land aha!! b uaod dsa1oned 1 er cted , alruclur lly t lnad ucept ror the ear 1cea , reatdent& 1 ccurd1no to he curr • n mendmsnt ubj ct to 22.5, 2 • • • • (1) Antique store; (2) Apparel and accessory store, not more than 20% of Lhe stock to be of second-hand origtn; (J) Art gallery; (4) Barber shop; (5) Beauty shop; (6) Btcycle shop; (7) Book store , shall not tnclurle adult book store and/or adult entertatnment establishment; (B) Camera and photographtc supply store; (9) Candy, nut and confectionery store; (10) Child care center; (11) Collect1on and distribution stat1on for laundry and dry clean1ng; (12) Dance slud1o for pr1vate tnstructton; (13) Department, dry goods and var1ely goode store; (14) Drug store; (15) Eat1ng and/or dr1nk1ng establishment, need not be enclosed; (16) Educat1onal 1natttul1on, espec1ally those or1ented toward adult educat1on or second-career tra1n1nq; (17) F1nanc1sl tnaltlulton; (18) floral shop; (19) Furn1ture ehowroo1 (20) G1ft or novelty atore; (21) Glasa ware; cryal 1 or ch1na &lor (22) Grocery store and/or food market; (2)) Hardw r elora 1 (24) Hobby lupply 1lora1 ( ~) He•• furn1ah1nq 1 ore1 3 I • • • • • (26) Hotel and convention center; (27) I n ter1or decorator; (28) Jewelry store; (29) L1brary or read1ng room; (30) Liquor store (sale by package); (31) Luggage s lore; (32) Mun1cipal uses under cond1tions deemed appropriate by C1ty Counc1l; (33) Mus1c store; (34) News eland (or the sale of newspaper s , me~gazr n e s , etc.); (35) Off1ces, profess1onal or bus1neas; (36 ) Off1ce supply showroom; (37) Opt1csl and scient1fic 1nstrument shop; (38 ) Park1ng lo t or park1ng structure; (39 ) Pet store; (40 ) P1cture fram1ng; (41 ) Photograph1c atud1o; (42 ) Pholo s ta t 1 n g and bluepr1ntlng; (43 ) Phy a 1 c l f1t n e ss c enter; (44 ) Pr 1nt 1ng and co p y 1 n g (Equ1p me n t up to 17-1/2 " X 2 2 -l/2 "); (45) Publ1c bu1ld1ngs and publ1c f Cll1t1e ; (46) Ree1dent1el, •ult1-fa~1ly1 (47) R el urar l 1 1ft y be op n lt 1 but nul 1nclud1ng dr1 e-1n1 (48) Shoe rep 1r hop1 (49) Shoe 1h1n1 at nd1 (50) Sho elor 1 (51) Sport1ng goode etor11 I • • • (52 ) Stal1onery store; (53) Ta1lor s hop; (54) Tax1 Cab sta n d; (55) Theatre, mov1e or live; (56) Theatrical s t ud1 o ; (57) Tobacco shoppe; (58) Toy store; (59) Transit center; (60 ) Travel agency. • • • (61 ) Any Similar lawful use which, In the op i nion of the Com mission, would be consistent with the general purp ose of this district and with the Englewood Dow n - tow n Redevelopment Plan. b . Con d1t 1 onal Uses. Prov1ded the public in t e r es t LS fu lly pro t ec ted and the following uses are approved b y t he Comm1ss1 o n , the follow1 ng us es may b e 1nd Lv1 dual ly permtlled (S e c t l on 22,5-21 of the Comprehens1ve Zon1ng Ord1 n a nce): (1 ) Amu s ement establishmen t s 1nclud1ng, bul not l1 m1l ed l o : B1ll1srd Halls, Bowl1ng Alleys, Co1 n -operaled Ga mes , Dance Halls, Electron1c or V1deo Games, N1ght Club s , Outdoor Co mmerc1al Recreat1onal Facilllle s , Pool Ha l l s , or Skat1ng Rinks, c. P r oh1b1ted Uses. (1 ) Ad u l l en ler t a 1n me n l 11 n d aer v 1ce ealabl1shmenls; (2 ) Man u f a c tu r i ng ; (3) Outdoor Lor11ge of mHler1alo, supplies, und uqu1pmenl on publ1c property ; (4) Warehou 1114 or product• or 1tem1 nol old on lh prem1aea; (5) Sale at wholesale . d . Expec1ally P rm1tted Act1v1t1e • (l) Outdoor sal of art work , crafl work , flow rs , food and atm.llar art1cl 1 111 y b per1111ll d wtlhln lh Cornr on n eubjecl to the 1 euanc1t to p c 1 1 a lea p rr 1 t • 5 I • -• • • (a) The Manager of The Commons may issue a perm1t for the outdoor retail sale of articles such as art- work, craftwork, flowers, food and s1m1lar articles Within The Commons subject to the follow- ing conditions: (1) That 1t will not obstruct the movement of pedestrians through areas Intended for public usage or create congestion on adjoining public sidewalks; (2) lhat it will not generate an undue amount of noise, fumes, glare or other external effects, or otherwise consl1tule a nu1sance or annoyance; (J) That it will not create a debris or litter problem, if, because of the nature of Lhe activity, l1tter cannot be avoided, the person 1n charge of the act1vity shall dis- pose of the litter; (4) That it shall not obstruct emergency vehicles. (b) Such special permit shall be val1d for a per1od of not more than a1x (6) calendar months and may be renewed at the d1acret1on of the Manager provided the above set forth cr1ter1a are sat1af1ed. (c) lhe perm1t may be w1thdrawn on not1ce 1f, 1n the op1n1on of the Manager, aub-aect1on (a) above has been v1olated and no effort is made to correct the v1olat1on 1n a t1mely manner. (2) Outdoor act1v1t1ea or apec1al events such as pro 1ded by mue\clana or m1mes on a temporary baa1s. (a) Outdoor acl1v1t1es or spec1al events such s pro 1ded by mu 1c1ana or m1mes may be perm1tted w1th1n The Commons 1f a temporary spac1al vent pera1t 1a 1eeued th refor by lhe M nager of The Co••ona . Such temporary apec1al a nt per•1t &hall be aubj ct to the following con- d1l\onas ( 1 ) ( 2) !hat 1t w1ll not obatruct th mo em nl of pedeatr1ana through areas 1ntended for publ1c ua ge or cr te cong at1on on djo1n1ng publLc 11daw lk11 Th t 1t w1ll not g n rat n no1aa, fu aa, gl re or other effect , or otherw1a co11at 1 u or nnoyence1 • mounL of 1 6 I • • e • I I I. a • • • • (3) Th at it w1 ll not create a d e b r1s or l1tter problem; (4) That 1t will not obstruct emergency vehicl es . (b ) Such temporary spec1al event perm1t sha 11 b e val!d for a period of not mroe than one (1) week and may be renewed at the discretion of the Manager, pro- vided the above set forth criteria ar e satisfied. Accessor~ Use. Any reta1l or serv1ce use not prohibited in thisistrict wh1ch is provided for the accommodation of the tenants, cl1ents, patrons, or customer s of the Perm1tted Principal Use, and which is located 1n the same building or structure. The Accessory Use must be subord1nated and clearly incidental to and customary 1n conect1on w1th the Permttted Princ1pal Use. An Accessory Us e could b e , hul nul limited to such uses as a rad1o or lV antenna, a swim- min g pool, a tenn1s court, heliport, etc. REQUIREMENTS FOR DEVELOPMENT. Mi nimum floor Area. (1) Res1dent1al use: Eff1ciency or stud io •••••••••••••••••••• SOO sq uar e feet One bedroom ••••••••••••••••••••••••••••• 650 square feel l wo bedroom ••••••••••••••••••••••••••••• 750 square feet Each add1t1onal bedroom ................. 110 sq uare feet (2) All other perm&lted prtnc&pal uses •.•••• one b. Max1mum He1ght of Bu1ld1ng. ( 1) lhtt Common~; ••• , •••• ,, •• , ••••• ,., •••••• ,. 50 ft~et lhe th1rd floor muat be set back 12 feel and the fourlh floor 24 feet on the north face of the bu1ldtnga that are lac led on the outh e1de of the G1r rd Commons area. (2) Th Periphery ••••• , ••••••••••••••••••••• 25 feet (3) lhe c nt r •••••••••••••••••••••••••••••• 190 r t c. M1n1mum Satb ck. ( 1) Th Common• ••••••••••••••••••••••••••••• on (2) The Pertphary ••••••••••••••••••••••••••. 10 r l fro• dJ cwn or djo1nan rw d ntt 1 dtalrtcl 7 I • • • • (3) The Center: (a) For development adjoining the south s1de of West Floyd Avenue, the setback shall be equal to the height of the building with the setback measured from the property line. (b) All other Center Use areas ••••••••• None. d. Max1mum Bu1ld1ng Bulk. ( 1) The Commons ••••••••••••••••••••••••••••• None. (2) The Per1phery ••••••••••••••••••••••••••• None. (3) The Center: (a) Max1mum width •••••••••••••••••••••• l50 feel (b) Max1mum length of building ••••••••• Not more than three t1mes the width of the bu1ld1ng. (c) Geometric shapes other than rectangular may exceed this width subject to the approval of the Downtown Design Review Comm1ttee. e. Off-Street Park1ng. Developers are encouraged to prov1de park1ng 1n multi-level structures Jn order to conserve land, If 1t IS nol feu- slble lo do so, surface parking area should be screened from the v1ew of pedestr1an ways by means of decorat1ve walls or fences, landscaped berms or m~ture shrubbery. Park1ng shall be located no more than 400 feel from lhe use 1t serves. If the developer aubm1ts a market1ng or park1ng eludy prepared by a qua11f1ed profess1onal, and tt 1s approved by the Downtown Des1gn Review Comm1ttee, the followtng m1n1mum standards may be wa1ved. If the developer does not submit a markettng or park1ng study to lho Downtown De 1gn Rev1ew Comm1ttee, the follow1ng park1ng requtre- enta ah 11 be app1led: (1) Re td nl 1 1 un1ta: (a) Eff1c1ency and on bedroom ••••••••• One (1) ep re per dw ll1ng un1l (b) Two and lhr bedroom ••••••••••••. On & on -hulf epee a p r dw 111ng un1t (c) Mora than lhr bedroom ••••••••••• lwo (2) p ce par dwal1lng un1l 8 I • • • • '. • (2) Retail space ••••••••••••••••••••••••.••• One (1) space per 300 square feet of reta1l or serv1ce area. (3) Off1ce space •••••••••••••••••••••••••••• Three (3) park- Ing spaces per 1,000 sq. ft. of neL rentable area . (4) Other uses •••••••••••••••••••••••••••••• To be appro- priate for the proposed use based on qual1f1ed profess1onal study, or as determined by the Downtown Design Rev1ew Committee. 9 f. Usable Open Space. (1) The Commons ••••••••••••••••••••••••••••• None Requ1red. (2) The Perlphery ••••••••••••••••••••••••••• 25% of the s1te (3) lhe Center •••••••••••••••••••••••••••••• 30% of the s1te Landscaped roof decks improved for outdoor liv1ng, pr1vate balconies, and plazas may count toward the minimum u sable open space requ1red for the s1te. Open space areas should relate to the open space syslem as shown 1n the Downtown Redevelopment Plan where appl1 cable. lh1s prov1s1on shall not apply to a bu1ld1ng hav1ng an en - trance w1th1n 150 feet of and access to The Commons or Mall Area; or loa par k1nq structure of f1ve (5) or more slo rtes. g. Landscap1ng. Landscuptng as may be requ1red by lhe Landscap1nq Ordinance . h. Utll1t1es. IV. a. Ulilily ser iCe to buildings 111 new developments musl be placed underground. C1ty Counc1l f1nd1n~ The Englewood C1ly Counc1l ftnda thathe q neral appearance of the downtown bu ines dutr 1ct aff eta the des1r b 1 Illy of I 1 1ng, work- Ing or shopp1n9 not only 1n lhal area, but tn the community as a whole . Poor qual1ty 1n the extertor des1qn or true- lure nd 1nodequ le m11111len nee of slrucluros u11d l.HHI- scaplng 1mpa1r the use of lh ex1 t1ng and polenl1 1 occup ncy of oth r properl1ea, lo h d lr1menl of lhP health , safely , comfort nd general welfar of lh Clltzenu of Engl wood. Th Counc1l furlh r f1nde lhul lhu I' uluull•lll of lh qual1ty of d velopment 1 ndc aaary lo accumpl1ah Lhu • I • c . • • • • purpose of this District and to strengthen the vi s ual u n1ty of the downtown redevelopment plan. To insure that new development w1ll e nhan ce the si t e on wh 1ch 1t 1s that it 1s necessary to a p po1nt a Down t ow n De s 1g n Review Committee to: (1 ) Rev1ew the design of new bu1ld1ngs; and (2 ) Rev1ew plans for exist1ng bu1ldings unde rgo1n g majo r rehab1litation; (J) Review site plans in order to ensure c omplaince with the Downtown Development Diat r 1ct regulations; (4 ) Safeguard against development that would not be 1n harmony with the Downtow n Redevelopment Plan. (1 ) A de s 1g n professional; (2 ) A represe ntati ve of t h e En glewood Down t ow n De v e lop me n t Author~ty; 1 0 (J ) A repres en tative of the Englewood Urban Re n ewa l Au tho r - Ity; (4 ) A represe n tat i ve of the C1ty of En glewood; (5) The f 1f th me mb e r to b e appoi n t e d b y the City Counc1l should pre f e r a bly h av e de v elop ment b a ckground . The rep r eaent at1 vea o f Lhe EDDA, EUR A, and C1ly of Engle wood shall prefe ra bly be t h e staff 1n mber 1n the Ot 'IJUnlLalton w1th sk1 l ls 1n dea 1g n and Plann1nq . Altern a te members of s1m1lar quallflc&tlons shall he appo1nted by lhe C1Ly Counc1l to er ll J.ll Lhu abounce of Lhu regular repreaentalJ.ve. The compoatt1on of the commJ.ttee should h 1cally by lhe C1ty Council nd chang u 111 as the Counc1l deems appropr1ate to 1mple of th1s D1str1ct . r 1ew d p rtod- lh com Lllee made nt the obj ct1ves I • • • • • bu1ld1ng elevations , landscaping, and stte plan for such development. As a basis for the rev1ew, the Commtttee s h a ll use these Lone d1strict regulations, the approved destgn gu1del1nes, and the Downtown Redevelopment Plan. The approval of the Downtown Design Rev1ew Team do es not neg ate the necess1ty for lhe developer to comply w1lh ulher applicable construct1on and f1re codes. d. Conditions of Approval of a Design Rev1ew Application. The Comm1tte e s hall approve the subm1tted plans if 1t ftnds that the locat1un, s 1ze, archtteclural fealureu and general appearance of the proposed development w1ll impa1r the orderly and harmon1ous development of the area, lhe pre sent or future development there1n, the occupancy thereof, or the commun1ty as a whole. In making such f1nd1ngs, the c umm1tlee shall cons1der the follow1ng 1tems: (1) He1ghl, bulk, and area of building s . (2) Setbacks from property lines. (3) Exterior mater1als and colors. (4 ) Type and pitch of roofs. (5) S1ze and spac1ng of w1ndows, doors, and other o~en1ngs. (6 ) Towers , chimneys , roof structures, flagpoles, rad1o and televtaton antennae. (7) umber of off-street park1nq spaces, park1 ng area des1gn and t raff1 c c1rculat1on. (B) L ndsca~tng plan . (9) Local1on , he1ghl and eland rd of extartor tllumtn- atian . (10) Locat1on and ere n1ng or mechanical equtpmenl located outa1de or or on the roof of any enclo ed alructur • (11) Loc t1on and m thod of refu e ator ge and any other oula1de 1toraga . (12) PhyllCil ral l\OnlhJp or propel d alruclur 8 lo I l- Ing tlructur a 1n lh downtown d ~ lopm nt dtalr1ct. ( lJ) Appe r nee nd d 11qn ral t1on h1p or propo nd lruel- 1 1 ural lo ex11L1ng l uctur a nd pu Lhla future al ucl- ( 14) urtt 1n the downtown d lop nl d1alr1el, nd lo public Lhuroughf r e. P1 upoaud 1 n1n , 1 ttH) corporat1ng th dtiiQn o • l u Ill • 0 Ill 11 I • • • • des1gn of the development in order to achieve a homo- genous effect. e. Procedure for Applying for Des1gn Review. lhe procedure for applying for approval of Des1gn Revtew iS as follows: (1) Pre-application information . The applicant should contact the Department of Community Development for a pre-application information packet. lh1s packet shall contain: (a) A copy of the Downtown Redevelopment Plan. (b) A copy of the Downtown Development Zone District Regulations. (c) A list of applicable codes. (d) A copy of the des1gn guidel1nea. (e) Informat1on about any applicable fees, l1censes, and/or permits. (f) A summary of the development process. (g) A form for the request for a pre-appl1cat1on conference. (2) Pre-appl1cat1on conference. (a) The developer shall submit the request for a pre- appl1cat1on conference to the Department of Commun1ty Development w1th the follow1ng lnforma- llon: (l) the local1on of the proposed development. ( 2) fhe proposed use. (J) The area or th s 1te. (4) The no or area or the propoaed bu1ld1no(a). ( 5) the hur;~hl of the proposed bu lld lllg( a). (6) Th approx1m te locat1on on the a1Le . lha staff or the C1Ly d partm nte wh1 ch w1ll he r - qu1red to rev1ew lhe 11te plena end conelrucl1on dr w- lnos for conform nee wath appl1cabl C1ly cod a, sh 11 confer w1th lhe appl1cent nd 1f lh r pp a s lo b ny confllcl b tween th ppl1c nt'e propusud pl ne for develop•ent end the requ1remenls or lh1s D1slr1cl • 1 2 I • • • • • or t he Dow n lown Redevelopment Pla n , the st a f f sh a ll mak e s uc h s uggestions as necessary to b ring th e pl ans 1nto conformance. The appl1cant shall then be i n v1 Le d to subm1t a dev e l- opment plan for Design Review. (J) Appl1cat1on for Design Review. The applicant shall submit the following Design Review data to the Planning Division of the Department of Community Developrnenl. ( 1) ( 2) A completed applicat1on form; Two (2) cop1ea of ~rel1minary (not constructton) draw1ngs wh1ch aha 1 include the following infor- mation as applicable: (a) Plot Plan. Scale: Not less than 1" = 40'. Conten t : (1) North arrow; (2) T1tle Block; (a ) Name of development (b ) Name and addr ess of a p pl tcanl (c ) Sc al e (d ) Da t e (e) Name of person or f L r m ;.n epa 1' 111 g pl na (J) Boundary l1nea of ubject properly, fully d1 ena1oned; (4) Boundaraaa of 1mm d1at ly adJacent propert1111 (5) AdJOlnlng atre L., cenlerlane nd n me , wadth should 1nclude any r qutred atree w1dentng1 (6) Oullan of propoaed bualdlnqa or addl- L lOilll and Lh u d lllen e rum lhu prop rty l1ne and fr • on anolher; • l 3 I • • - (b ) (c ) • • • (7) Proposed walls and f e nc es includ&ng height, surface treatment and mat e l't a l s ; (B) Proposed exterior l&ghL&ng structur es , location and height; (9) Proposed signa-location, height, mater- ial, and copy; (10) Approximate location of nearest wall of structure{s) on adjacent propert&es; (11) Parking layout showing dr&veways, cir- culation patterns and circulation of required parking spaces; (12) Location and Width of all vehtcular, pedestr&an and handicapped acce s s L a und from the property; (13) Recreational facilit&es including use, location, dimens&ons and height; (14) W&dth and location of all ex1st1ng or proposed pr1vate or publ&c ea s e me nts ; (15 ) Ne t a r e a of build&ng s&te. Bulld1ng floor Plans. ~: ot less than 1/8" = 1'0" Bu1ld1ng El evat1ons. ~~ ot less t h en 1 /8" = 1'0" Co n lent : (1) fr on t, r ar , a nd a 1de u l evs l &ona or each bulld 1ng ; (2) Arch &tec l ural r alurea and treatment of x ter&or eur f ecee 1nclud1ng m ter1 la nd colora to b ut1l1zed; (J) D1m na1ona or 11 butld1ng tu r e11 nd alruc- (4) T&ll block , •• I for xh1b1L o. I; (5) (x l et'HH ICh IHC 1 QUlpm nl , lll C IUdlng thet o n th e ro of e of bul l dtnge , nd pro- posals for c r 111111)1 (6) Solar equlp• nt1 • 1 4 • • • • (7) Shadow diagram; (d) Landscaping Plan. Scale: Not less than 1" = 30' Content: (1) Treatment of all unpaved areas not occupied by structures; (2) Size, height, and location of land- scape materials; (3) Sc1ent1f1c and common names of mater- ials; {4) Street trees; (5) Title block, same as for Exh1bit o, 1, (All landscaped areas shall be provided wtt h permanent trrtgation facilit1es,) (e ) Park1ng Plan. A parking study or documenlatton from t h e market1ng or financing agent that the nu mber o f propos e d parktng spaces Wlll accom mu dula t h e needs of the development. f . Proc e d ur rol l owtng Commtt t ee Review. (1) If t h e a p p llc &tlo n f or Deat g n Revi e w 1 p pro ed , one co py of t he app r o d pl n a wtll b e returne d to th app lt c a nt acco~pansed b y a l et t e r 1nd1cat t ng the Commt t tee actton . The other copy of the plans sh 11 be aubm1tled to lhe D parl nt of Com untty De lop- (2) 0) an t wtth a copy or th 1 tter to lhe appltcanl ad- lltng th Departm nt that th appltcalton 1a tn con- formwnctt w 1 th th Do wntown Rede e loptnenl P 1 11 and lh 1 Ordtnance , and lhal the proceaa1ng of th Butldtnq Per•tt appltc t1on can proce d through th pproprt Ctt~ Oap rt•anta . rr lha Deatgn Re 1e w tnfor111 lton nd pr~tltmtnar)' dr w-tnga re found not to ba lll complt nc With t h(• Downto wn Recht • lup•" nt p 1&•1 or t h 1 Orl.llrt llll'o•, liH pp llc nt ah ll b nottfl d ln wrtttnq of lh ar ,, whtch n d to ba r I ltd . Th develope ah 11 eub•tl lh rev1 •1! sod ut 111 I I Uti I • th Pl nntn Ot talon t 1 at e en (7) d )'I lo th day of the • attnq htch 1l ah 11 b 'Oil I . • l 5 • .. • • • ered by the Committee. The Department shall ftle the applicat1on and preliminary drawings with the Committee, together w1th a written report including any comments of the var1ous departments relat1ve to the revisions. (4) Act1on on the Application. The Comm1ttee shall act on the application within fourteen (14) days from the date of the meeting at wh1ch the plan is considered unless lhe applicant agrees to an extension of time. The decision of the Comm1ttee shall be f1nal unless appealed 1n wr1t1ng, stat1ng the reasons for sa1d appeal to the C1ty Plann1ng and Zoning Commiss1on w1th1n fifteen (15) calendar days of the date of the action taken by the Committee. {5) Appeal. If the dec1a1on of the Comm1ttee 1s appealed to the City Planning and Zoning Comm1sa1on, the Committee shall aubm1t a wr1tten report to the Comm1sB10n ex- plalnlng th e reaaona for the disapproval. In cona1der1ng the appeal, the Comm1ss1on shall not wa1ve m1n1mum or max1mum requirements sa set forth here1n for the he1ght, bulk, and area of buildings or setback from property l1nea. The Comm1aaion shall cona1der the appeal w1th1 n fourtee n (14) days or at 1ta next regularly sche- duled meettng. The de c iSio n of Lh C1ty Plann1nq and Zon1ng CommlSBlon ahall be f1nal. (6 ) Bulld1ng Per tul Appl1cal1on. Upon the pproval of the propoa d Oeatqn Rev1 w appl1cat1on, the appl1 c nt would prep re conatrucl1on dr w1 ng nd apply for a Bu1ld1ng Par 1t tn confor- •Mnce w.1l h the nor 1 proc dura . (7) ror•Al actton on Cond1l1on 1 Uae ppltc ltona 11 under the Jurudlct ton of the Ctly Pl nnlll 111d /on1n Co mt- aton , nd art nee appltc l.1ona ah 11 be aubm1tted to nd acted upon by th Bo rd of AdjustMent nd Appe Ia. 1 6 I . • • • Introduced, read in full, and passed on first reading the 6th day of June, 1983. Published as a Bill for an Ordinance on the 8th day o f June , 1983. Eugene L. Otrs, Mayor Attest: ex off~c~o C~ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the C~ty of Englewood, Colorado, hereby certify that the above and forego~ng is a true, accurate and complete copy of a Bill for an Ord~nance, introduced, read in full, and passed on first reading on the 6th day of June, 1983. Gary R. Higbee -17- • I • • • • BY AUTHORITY ORINANCE NO. SERIES OF 19nB~3----COUNCIL BILL NO . 27 INTRODUC~D BY COUNCIL A BILL FOR MEMBER.~N~ea_l __________ __ AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM B-1, BUSINESS DISTRICT, TO B-DD, BUSINESS-DOWNTOWN DEVELOPMENT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, a Public Hearing wa s held before the City Planning and Zoning Commission on April 5, 1983, to rezone a parcel of land within the city from B-1, Bus iness District, to B-DD, Business-Downtown Development; and WHEREAS, considered the submitted its therefor; and said Planning and Zoning Commission has proposed amendment and map change and has favorable recommendation to the City Council WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance a Public Hearing wa s held before the City Council on , 1983, to rezone said parcel according to the above designations; and WHEREAS, public necessity, convenience, health, safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map as here in after set forth. NOW, THEREFOR E , BE IT ORDAINED BY THE CI T Y COUNCI L OF THE CI TY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S e c t ion 1. Th follow ng deacrib d prop rt y ah 11 b r zon d from B-1, Buaineaa D strict , to B-oo , Buai n aa-Dow nto n Dev lopm nt: That port1on of th aouthw at quart r of Sect1on 3 4, Townah p 4 South , Rang 68 W t , and t h north half of S ct on 3 , TownshipS So uth , Rang 60 w st of th 6th P .M., of th C1ty of Engl wood , Ar apaho County , Color ~o, deacr1b d as follows: B g nn ng t t h South st corn r o the Southw at quart r o a id s ction 34, 1d po n lao I • • • • being the centerline of South Broadway and Hampden Avenue; thence west along the centerline of West Hampden Avenue to the centerline of the alley east of South Acoma Street extended; thence north along the said centerline of said alley to the centerline of West Floyd Avenue; thence west along said centerline to the centerline of South Bannock Street; thence north along the said centerline to a point on the extended south line of Lot 14, Abbott's Subdivision, Second Filing; thence west along the south line of said Lot 14 and Lot 14 extended to the intersection of the centerline of West Floyd Avenue and the centerline of South Elati Street; thence south along said centerline of South Elati Street to the centerline of u.s. Highway 285; thence east and southeasterly along said centerline to the centerline of South Lincoln Street; thence north along said centerline to its intersection with the north bank of Little Dry Creek; thence northwesterly along said north bank of Little Dry Creek to the centerline of South Broadway; thence north along said centerline of South Broadway to the point of beginning. Section 2. The Official Zoning Map of the City of Englewood, Colorado is amended accordingly. Introduced, read in full and passed on First Reading on the ...6..th.. day of .11109 , 1983. Published as a Bill for n Ord nance on th ~ day of June , 1983. At teat: Eugen L. Ot~e, M yor ex officio city Cl rk-Treaaurer I , Gary R. Higb , o C~ty Clerk-r c~~Y o nglewood, Color do, h r by c rt1 y h toregoing ia a tru , ccurat 1 and co l an Ord1nance1 introduced, read in tull, r ad1ng on th 6th d y ot Jun 1 19 3. -2- t:h nd 0 • .30 RESOLUTION NO. SERIES OF 1983 ____ __ • • • A RESOLUTION APPOINTING DAVID J. MENZIES ASSISTAN T CIT¥ AT TORN E¥. WHEREAS, the City of Englewood, a Colorado home rule municipal corporation, desires to employ David J. Menzies as Assistant City Attorney. NOW, THEREFORE, BE IT RESOLVED B¥ THE CIT¥ COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: l. That David J. Menzies, Attorney at Law, is appoint e d part-time Assistant City Attorney. 2. Consideration shall be at the rate of $2,000 per month, due and payable on the 15th day of the month following r e ndition o f services. Services are to commence June 15, 1983. 3. This contract may be terminated by either party upon thirty days' written notice to the other. 4. It is expressly understood that the services per f or med ar e contract services not entitling Assistant City Attorn e y to b enefits o f the Ci ty employees, specifically excluding health and dent a l i n surance, life insurance, disability insurance, Workmen's Compensation, Social Security, vacation leave, personal leav e , dis a bilit y lea v e , and/or such other and further b e n e fits of a n e mplo ye e of the City. ADOPTED AND APPROVE D t his 6t h d ay of Jun , 1 9 83 . Att st: ex ottlclo City Clerk-T r ea•urer , ary • Higbee, ex of of ngle ood , Colo r ado , hereby ac c urate and co plete co y of Eug en L. Otis , Mayo r • t Ci t y tru , 198 • • RESOLUTION NO . ...JQ SERIES OF 1983 • • • A RESOLUTION APPOINTING DAVID J. MENZIJ.::S ASSISTAN T CI'l''x' A'1"1'UHNt::'x'. WHEREAS, the City of Englewood, a Colorado home rule municipal corporation, desires to employ David J. Menzies as Assistant City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU CIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That David J. Menzies, Attorney at Law, is appointed part-time Assistant City Attorney. 2 . Con::>Hl!!ration shall be aL tile rate oL $2,000 ptH month, due and payable on the 15th day of the month following rendition of services . Services are to commence June 15, 1983. 3. This contract may be terminated by either party upon tnirty days' written notice to the other. 4. It is expressly understood that the services per[ormed are contract services not entitling Assistant City Attorney to benefits of the City employees , specifically excluding health and dental insurance, life insurance , disability insurance, Workmen's Compensation , Social Security, v cation leave, person 1 lc VI!, disabiliLy lcav!!, and/or such other and further benefit::; o[ an employee of the City, ADOPTED AND APPROVED thi 6th day of Jun , 1983. Att St: Eugen L. Otis , M yor ex o!flclo City Clerk-Treaaur r , ry R. !~b 1 X of c City of nq ewood, Colorado, h r by certl!y that • curet nd co plete co y o olution o. • th C1 ty tru , 0 l 1Jil J . I . • Nu. J9SCA. Rt\. l·HO.-Uudlord Puhh\tllnJ Co .. fknv~r . ('uhmuJo-1·110 -:.--~.--.:::=:-..:::·-:-:----:-.-:-:-=-=-::::.:_:-==-=-::. __ §. ---~-- l CourtFilmgStamp : !J;:j«-~ 0(!;:v f1J_~~ · -~me-&w l INTHEDIS~jf~' I ~·? , .. RECE,VFD . IN AND FOR THE \\ ________ COUNTYOF~A2AHOE DEPT. OF FIN ANC E ENGLEWOOD r CARLTON ELECTRIC COMPANY, INC., Plaintiff __ STATE OF COLORADO Case N o . 8 3CV __ JtS.,_. SUMMONS a Colorado corporation, ~ 1. SAurER CXNSTRIJCl'ION l.l.I'I1'Nfl, roc. a Colo. corp.; 2.CITY OF LIT!'LEIOO, a nunicipal co ration; 3.CI'l"i OF ~. a nunicioal. co ration; and 4.FEDERAL INSURANCE a:M?ANY, a New Jersey corporation. authorized to do business in Colorado, Defendants. II THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANT..S....: I' I You are hereby summoned and required to file with the clerk of this court an answer or other reoponse to i the attached complaint . lf service of the summons and complaint was made upon you within the State of I Colorado , you IU'e required to file your answer or other response within 20 days after such service upon you . If I service of the summons and complaint was made upon you outside of the Stale of Colorado, you an: rc4uired to 1 file your answer or other response within 30 days after such service upon you . 1' I I I I I I lf you fail to file your answer or other response to the complaint in writing within the applicable time period, judgment by default may be entered against you by the court for the relief demand in the complaint II without further notice . I II ,I II l1 \I I II The foUowina documenu are also served herewith: CXMPI.AINt' WI'IH ATTACHED EXHIBITS "A" AND "B" Dated Tha thl ------~~~------19--Pl May Jl um n 1 i1 u d by th hould bt provided by ---- Attorney for Plaintiff No. 1162 3300 East First Av nue, Suite 300 Addre • ol A norm:)' Tel: (303) 399-2872 nt u l be ved wllh r I • • • .. • DISTRICT COURT COUNTY OF ARAPAHOE STATE OF COLORADO No. Divis~on CARLTON ELECTRIC COMPANY, INC., a Colorado corporation, v. l. SAUTER CONSTRUCTION COf.1PANY, INC. a Colorado corporation; 2. CITY OF LITTLETON, a municipal corporation; Plaintiff, 3. CITY OF ENGLEWOOD, a municipal corporation; and 4. FEDERAL INSURANCE COMFANY, a New Jersey corporation authorized to transact business in Colorado, Defendunt s . COMPLAINT COMES NOW the plaintiff above named, by and through its attorneys, West and Weaver, P.C., and complains of the defe n - dants and avers: JURISDICTIONAL FACTS l. That at all times applicable to this action the plaintiff, Carlton Electric Company, Inc., was and now is a corporation organized under the laws of the State of Colorado and transacts business in the State of Colorado. 2. That at all times applicable to this action , the defendan t Sauter Construction Company, Inc. wa s a corporaL1on organized under the laws of the State of Colorado and transacts its bus1ness in the State of Colorado. 3. organized 4. organized The defendant City of Englewood is a municipality nd existing under the laws of the State of Colorado. Th def nd nt C ty of L1ttl ton is munic1p l1ty nd existing und r the laws of the State of Color do. ll times plic ble to thi ction th def nd nt nc Camp ny wa corpor tion org n1 zed under th St t ofN wJ r y nd w uthor1z d to tr ns ct insur nc nd bonding bus ness within th St t of Color o, un r nd by virtu of p rmi 10n obt 1n d !rom Lh Ct.llllllllb- sion r of Jnsur nc of th Stat of Color o. I • • • .. • FIRST CLAIM FOR RELIEF 1. The defendant Sauter Construction Company, Inc., and the defendants City of Littleton and City of Englewood, entered into a contract for the construction of a joint-use waste wa tet treatment plant at West Dartmouth Avenue a nd Platte Riv er Drive, Englewood, Colorado, Contract No. 1531210. 2.. Said Sauter Construction Company, Inc., as the gen- eral contractor under the aforesaid contract proceeded to perform its obligations thereunder. 3. From on or about the 11th day of June, 1981, until on or about the 17th day of January, 1983, the plaintiff herein furnished and installed fixtures and equipment in connection with the construction of said waste water treatment plant under a subcontract agreement with the defendant Sauter Construction Company, Inc. 4. The aforesaid contract was entered into between the plaintiff and the defendant Sauter Construction Company, Inc. on or about the 11th day of June, 1981, and signed by the plaintiff Sauter Construction Company, Inc. on August 3, 1981, and by the plaintiff, Carlton Electric Company, Inc., on July 20, 1981. The plaintiff herein substantially completed its performance under said subcontract on or about January 17, 1983. 5. defendant $6,214.00 tract . There is due and owing to the plaintiff from the Sauter Construction Company, Inc. the sum of as the balance due under the above described subcon- 6. The defendant Sauter Construction Company, Inc. h s failed and refused to pay the balance due to the pla1ntiff. On or about May 16, 1 983, the plaint i ff made and filed its Ver 1fl d Statement of Lien with the defendant C1ty of Littleton and th defendant City of Englewood, nd with the d fendant Saut c Construction Company, Inc., thereby asserting l1en aga1nst the funds due and to become due und r th t rms o th g ner contract on account of labor and mat rials furnished by p ain- tlff under th fore id ubcontr ct. A copy of aaid V r~£1 St tement is att ch d her to, marked Exhibit "A• and m d a p rt her of by r f renee. 7. On th date o lling of id tru copy of the same was also fil d w th (l) F d r l Insur nc Co ny, 7535 East Hampden o nv r, Color do 802 l -2- • ot 1..1 n, ollow ng: I • • • • (2) Rick DeWitt, Esq. 3400 South Elati, Suite 203 Englewood, Colorado 80110 (3) Larry Berkowitz, Esq. 1600 Broadway, Suite 470 Denver, Colorado 80202 8.. The filing of said lien statement was within the statutory period for the filing of same, and the filing of said Statement of Lien constitutes a good and sufficient lien and charge against the public funds held by the City of Littleton and the City of Englewood, and that no part of plaintiff's claim has been paid, and that said lien has not been waived, can- celled, discharged or released. 9. The aforesaid subcontract was entered into between the plaintiff and the defendant Sauter Construction Co mpany, Inc., the general contractor, with the full knowledge and consent of the City of Littleton and the City of Englewood. 10. The labor, services, materials and supplies furnish- ed by plaintiff under the said subcontract were actually and necessarily used in the construction of improvements of the waste water treatment plant and are lienable under C.R.S . 7 3 , 38-26 et ~· 11. The defendant Sauter Construction Company, Inc. has no defense to the plAintiff's claim, and the filing of any answer denying plaintiff's claim by the said Sauter Construc- tion Company, Inc. would be frivolous, entitling this plaintiff to attorney's fees. WHEREFORE, plaintiff Car 1 ton Electric Company, Inc. pray s for judgment as follows: A. For j udgment against the defendant Sauter Co nstruc- tion Company, Inc. in the amount of $6,214.00, attorney s ' fees , i nterest as a llow d by law, co s t s , nd f o r such fu rt h r and diff rent reli f as to the Cou r t may seem p ro p r in th prem i ses. B. Pl intiff 'a lie n i n th moun t o interest , togeth r with coats , b d et rm n d a valid and subs sti ng 1 ie n ag ai n st the Construction Comp n y, Inc. from the City o City of Engl wood. c. or such furt m y aeem proper in th r nd d iffer nt r 11 p r em i s es . -3- • $6,214.00, plua nd dJudg d to b funds due S uter Littl ton nd th to th ourt I • - • • • • SECOND CLAH1 FOR RELIEF 12. The plaintiff incorporates by reference paragraph s l through ll of the First Claim for Relief. 13. There is presently due and owing to the plaintiff from the defendant Sauter Construction Company, Inc. the sum of $6,214,~0. 14. In connection with the aforesaid contract and pur- suant to C.R.S. 173, 38-26 et ~·, the defendant Sauter Construction Company, Inc. executed and delivered to the def- endants City of Littleton and City of Englewood its statutory bond naming the ·defendant Federal Insurance Company, a New Jersey corporation, as surety thereon. A copy of said bond is marked as Exhibit "B", attached hereto and made a part hereof by reference. 15. Under the provisions of its security bond as afore- said, the defendant Federal Insurance Company is liable for the payment to plaintiff herein in the amount of $6,214.00 and interest thereon as allowed by law. 16. The defendant Federal Insurance Company has no de f - ense to the claim of this plaintiff, and the filing of any answer by said Federal Insurance Company would be frivolou s , entitling this plaintiff to attorneys' fees. WHEREFO~, plaintiff Carlton Electric Company, Inc. de- mands judgment against the defendant Sauter Construction Com- pany, Inc. and the defendant Federal Insurance Company in the amount of $6,214.00, interest thereon, attorneys' fees if any purported defense is filed by defendants herein, court costs , and for such further and different relief as to the Court may seem proper in th premises. Addr aa of Plainti f: 1498 South Lipan D nver, Co or o 80223 torn s f r P 3300 East First Avenue, 1300 Denver, Color do 80206 Telephone1 (303) 399-2872 • I • -• • • May 16, 1903 Sauter Coristruction Company, Inc. 2271 South Ka1amath Street Denver, co 80223 City of Littleton 2255 West Berry Avenue Littleton, CO 80165 City of Englewood 3400 South Elati Englewood, CO 80110 Federal Insurance Company 7535 East Hampden Denver, CO 80231 Gentlemen: Re: Joint-Use Wastewater Treatment Plant Cities of Littleton and Englewood West Dartmouth Avenue and Platte River Drive Englewood, Colorado Contract No. 1531210 Federal Insurance Company Bond No. 8073-93-91 You are hereby notified that the undersigned, Carlton Electric Company, Inc., did furnish to Sauter Construction Company, Inc., the general contractor with City of Littleton and the City of Englewood, for the construction of improvements to the Joint-Use Wastewater Treatment Plant at West Dartmouth Avenue and Platte River Drive, Englewood, Colorado, under Contract No. 1531210, labor and materials which were furnished and used in the construction of said project at the agreed and reasonable value of $6,214.00, which amount remains unpaid. Demand is hereby made that payment of said amount be m d forthwith and that sufficient funds be with he ld t o pa y Lh amount i mmed i ately. Dated t his 16th day of M y, 198 3. C A RL~ ELE CTRIC COMP ANY, INC. ay ~1c {"('' kw""'/ • I . • • • • STATE OF COLORADO ) ) ss . CITY AND COUNTY OF DENVER) W. Gary Murray, being first duly sworn, states Secretary and agent of Carlton Electric Company, claimant herein, and that all of the statements herein are true of his own knowledge. Subscribed and 1983. My commission expires: _ __:B::.J/~1:....:.7L/..::B:..:3:...._ __ _ that h e i s Inc., th e contained 3300 East First Avenue, t300 Denver, CO 80206 Address ( S E A L cc: Moody Insurance Agency, Inc. 1776 South Jackson Street, Suite 509 Denver, CO 80210 I • • • • • ~~~AHC£, PAYMENT AND MAlHLEtiA~C~O (HOW ALL "EN BY THESE PRESENTS! That "•• _Sauter Constr.:'ct1o n Company, ln""'---, hereinafter called the Prlncloal, an d Federal Insurance Company hereinafter called the Surety, are the Cities of ------h e ld a nd firmly bound unto JOintly .nd s eve rally ~ngl ewood & L i t!:_.l~ e~t~o:.:,:n:.._ __ , County o t Arapahoe __________ , Stat of Colo-rado , hereinafter called the O"ner, In the su• of ~~undred Seventy Thousand Six Hund_!'ed Seventy oo 1 1 ars (S 670 670.00 ), la11ful money of the Unlte:l Sta~OT~Fr~o-6.-oiTa-ro-Tne 011ner for the oay•ent •he r~of the Princloat .nd ~urety hold the .. setves, thelr hairs, e•ecutors, ad•lnlstrators. successors, and assigns, JOintly end severally, tlr•ly bound bY these oresents. WHEREAS, May 21 the Princloal has, by , 19 ~ , entered the construction of Mi s ce 11 aneou s Neans of • •rltten agreement dated into a Contract Mlth the O•ner Improvements, Joint-Use Regional tor WWTP, Littleton-Englewood , •hlch Contract ls bY reference •ada • OBI't hereof the sa•e as though tully set forth hareln: HOW, THEREFORE, the conditions of thls obi lgatlon ere as follo•sl FIRST. The Prlncloat shatll (1) faithfully oerforN s ai d Contract on Prlncioal's Dart and satlsty all clalms and demands incurred tor the sa111et 121 tully lndelllnlfy and save har1111ess the O•ner fro• all costs and da•ages •hlch sald O•ner •ay sutter by reason of tal lure so to Clo: and IJ) tul ty rel•burse and reoay said ) O•n•r all outlay and exoenses •hlch salel 011ner aay incur ln •akJnq good any default. SECOHD. The Princ1oal shall orotect, defend, lnelaanify and save haraless the O•ner, the Archltect-Englneer, and thelr officers, agents, servants and ••olo,ees, lf.erelnafter lndivld~lly an d cotlecUvely referred to 'f "nde•nltees .. l, fro• and against suits, actlons, clal•s• losses, I ab IJty or da•ege ot any ch81'acter, and fro• and agalnst costs end exoenses, lncludlng 1n oart atT orney fees, lncldental to the defense ot such sultsJ actions, clalms, losses, da•ages or llablllty on account o ln)ury, dtseas e, sickness, lncfudlnq death, to any oersonl or da•age to orooerty, tnc ludlng ln oert the toss of use result ng theretroa, a rtstng tro* any act or o•ission ot the Princioel, or his eaoloree s, s e rvants, agents, subcontractors or suoollers, or anyone e se under th& Prtncioal•s direction and control, and a rising out of, occurrlnq In conn e ction wlt~, r es ulting fro•• or caus ed bY the o e rtor•anc e or failur e of o e rtor•anc e of any •ork or s er vlces call e d tor by th Contr a ct, or fro• condltlons cr ea Te d bY the oerfor•ance o r non-o e rfor•anc:e of s a id •ork or s e rvices. The Prlncloal•s lnde •nlflcatlon h e reunder shall eooly •lthout regard to •hether acts or o•lsslons ot one or •ore of the Indeanltae •ould other•ist hav e aade the a JOintly or d e rivatively neglig e nt or llebla tor such o•••v• or Injury, eaceotlng only that the Prlncloal shall not be obllgeted to so orot e ct, d e t no, lndeanl tv and save har•tess If such oa••9• or lneury Is due to th e sol e n e gligence uf one or •ore of the lnde•nltees. THI~D. The Prlnclo I shat 1 oay all o rsons, flr•s nd corDoretions ell lust clalas due the lor the oav•ent of ell teborers anct ••chen c: for t bor o e rf()("•ao. tor 11 111 te rlal no eouloaent turn& stot e o, and tor al t •aterl al end aoul o ent useo or rentea in th e o e rforaence ot Prlncloat•s Contract. 7171 • • • FOURTH. The PrlnclPal shall keep the Contract ln good repalr for a oerlod of flnal acceotance by sald O•nar. work constructed under hls ~-years(sl lro11 data o f Then thls obllga'tlon shall be null and veld: other•lse !t shall re111aln ln full force and effect. Every Surety on thls bond shall be deemed and held, any Contract to the contrary not•lthst~dlng, to consent •lthout notlcaa 1. To any extension of tl•e to the Contrec:tor ln whlch to oerfor• the Contract. z. To any change In the Plans, Dra•lngs, Specl~lcatlons, Cohtract or other Contract Oocu~ents, •hen such ~hang• does not lnvotve an Increase of more than twenty 11ercent 120 percentl of the total contr-act pr-Jce, and shall then be released only as to such excess lncraase. Unless or-ohlblted by Ia•• an action on the payment ana oertor111ence orovlslons of thls bond •av be brought by the Owner-or env person entltled to the benefits of this bond at any tlme •!thln flve year-s from date of flnal settle•ent of the Contract, ana under the •alntenance orovlslons ot thls bona an actlon mav be brought •lthln flve years fro• the tl•• the cause ot actlon ar-lses. Prlncloal and Surety are lolntty and severally llable under the orovlslons hereof and action agalnst elther or both ~•Y proceed •lthout orlor actlon a9a1nst the other-, and both •ay be )olned ln one actJ.on. SIGNED AND SEALED THIS 21st day or ~~~---------' 19 ....8.L • IN PRESENCE OFt WITNESSt Us to Indhldual• COUNTERS IGNEOt Inc Federal Insurance Company ur • ty ·------ 8 Y ---r~-rr"!!o'=f;Y---~n"=e:""v~-~m .. n=~-...,~7~~.~c:rt;.;~..::u,___ Sue Ma rt1n ~2!~\~~i ~is ) esdent gen Prnnue beloWT 54 ndra Susan Ha rt 1n C SE AL OF SURETY I 717 • I . • • • 1 '\..J••I.-•· Know 811 Mltn by thltM Proaenta, lhal-1h41 fEDERAl INSURANCE COMPANY. 100 W ollo am Su uot . Now Yon.. NU"W York a NttW Jurwy CouxxaiK>O . hal cona111ull.K.1ano •PPOtnlod. enCI 0001 horobv con •t•tul u o nu a ppo•nl ~van E. Hoo.1y Gary F' ''hi·1n "ul' 'lu 1.1 ''1 • 1 · ·· · f je ' •""' • 9 •' • r It, It • 1 ~l:lH. =~~l :'~J·~:,;I :.:1 .~ .:4!:.'\ ~ .. \:_.I \ o nver, Colorado---------------------------------------------------~----~-~ e.a. 11a INo and lawful Ahomey..jn.F..:t "' ••ec:u~e unc»r ....n clee~Qnellon In na ...,... and to anLI 11a ClOfPOf••• .. ,. to and Clelover lot and on n. beNoit .. ...,.~y .,_eon 011 -.a... boncla ol any ollhe lol-..g au..a. 10-WII: I . !Iondo and Undertaklngo (Dihotr than Flduduy !Iondo) lu.d In any oull. maner ot pooceo<1 on 11 In any Cour1 . ot lllo<l wllh aroy Sheftn ot Ma~Joallate . lot 1ha clo"''l 011 not clotng ol aroyllung apec:llled In audl lionel ot Undertakonll . In wh ich lhot penally ollhe bonG 011 undenaklng Ooeo no1 eaceed.,. aum ofT-Hunclroocl Fitly Ttoouund Dollata (52~.000 .00 ). 2. Surely Bonclo 1o lhot Unltoocl Slatea ol Amenca Of aroy agency thereof. lncludong lhoN requlroocl or permonoocl under t h o lawo Of r81JUia110no ••IeUng to Cuatoma or lnlomal Revenue ; Ucenee and Permh Bonde or other lndemnoty bondo under 1ha lawa . OtclonW\c .. 011 te{IUiauona ol eny &tete. Cny. T-. Vllleve. 8oenl 011 olher boely or organouhon . publoc or pnvate: boncla to Tr.._,.llon Compentea. L.oet -nl -·· Le-bondo, Worllmen'o CompenNUO<l bOnc:lo , w.-. S..ety bOf>da and -on behell of NoiAtiM Public:. 8hentla, Deputy sn.rtna and almloer public onl--3 . 8onclaon...,... of--.111 ----. ~ 011- In Wllneu Wn.eot, -aakl FEDERAL INSURANCE COMPANY'-__.Ito ola B~ cauaoocl theM _.to be 1111'*111¥ Ita "'--1 V....,_lid8nl and~ a--, and 11a ~ ..., to be he,.to anoaoocl auo ,. llalfal "--Y 11 81 FEDERAL INSURANCE COMPANY •v '• .. County olE-• On Ill• l olllalf ol Januery te81 . beiOte me pe~eUv came RiehM~~ D. O'Connor 10 me kJ\own and bV me kn<>wn to be Aao oatenl &ea--., ol rhe FEDERAL INSURAN CE COMPANY. -Corllot'etoon de rlbod on and whoch •uocutu<J thu lorefiO!hll Power of Anorn•y and 11>e N od Roc'-d 0 O'Conn011 beong II¥ me duly ~. Clod .,._. and M V tha i he •• ,.,.. ... Iaiii S.C:r--., ollhe FEDERAL INSURANCE COMrANY and ..,_-CIQI'POI'ate Mal lhe<.ol, tto a t th• Mol all oa C1 to thO loregotng ~ ol A nomey • ...ell corporate _., and wu ...... eto a noa.O bV authot1ty of the O.,...Le..,. ol uod Com- pe n~ a nd tnat he ... gned u •d ~'of AnOO'HtV aa A.N11tan1 Secretary ot M ad Company by t•k.w autnouly tnal hO •• ecuua•nluel wolll Geotga McOallan a nd..,_ 11om 10 be Aaaoalalll lloc:.-f'l-nt ol MIG Com-~-and lllat the t'lJNIIure ol Mod Gao< WcOellen ~tll.o to llaiCI ~ al ~ • In 11>e "nuone haonOwnllftll ol aald G-a McOel n waa 1 reto ~ bV -tty ... aakl ·~ ... In dePonenl•- ~ llltd S.otn 10 C>eiOt e me on-te ,. .,m•~ ·-.. ,., .... ' II-R•l141 UO M) • ) I . • • • • SHORT HIU.8 , N..l . County olE-.. } a I. lt>e unoer .. gne<J . IU"'IIanl Secretary oltne FEDERAL INSURANCE COMPANY . do nereDy cor1oly IIlii tile lollowong ll a uue eacercn trom the By-ta-oflne ulll Company •• adoplecl by ita Board ol Oorectora on M~rell 11. UI:>Jano amenoeo May 27. 11171 ano !hat lhoa Bv-Liw •• on tulllorce and ellect "ARTICLE XVIII S.cuon 2 AU bonda. un«Mrtak•nga, contracla anCI other tn111umen11 other than as abo\10 tor and on Dehall ot the ComCN~nv wh•ch '''' autt\Ottl8d by ••w or 111 charter 10 •••cu1e. m•v and shall be eaeculed on tne name and on Denali ot tile Company eotner tly tne Cn.orman or 11'18 Voc..Cnaorman or tne Preaodent or a \hce-Prea.oent. to•nUy wtttl the &ecrea.rv or an Aaatllant Secretary. under tnett re1oochv. Geltgn• ttona . eac.ept tn•tany one or more olttcera or anorne~a·tn·lact aet-•VNteG en anv •esolulton at the Boaro ol Oorectora or tne Eaecutove Common ... or many -r olaltorner eaecuteo ea provodod lor on Sectoon 3 Detow. may eaecute any aucll-. -rliiUng or otner ODiogatoon aa prowllled on aucn reaolutoon or -olauor_, Sectoon 3 All oowera 01 anorney tor and on Denali ot tne Com01ny may ano anau De eaecuteo on lhe ~~P~:_~n~orna! ":.'.'::t~=.=n~ ~':,;:;~":: ~":t~=~o~':.~t:,t1 ~o':t~~v~'::n~~ lheu r•aoechYe on.enabOnl .. And I tumwr cenoly mat I nave comoated-tor--"11 coov of tne POWER OF ATIORNEY wolh tne orogon.lthcoreol ano -ume oa a -rec:t and true eopyOI-wt101e 01-oroglftal Power ol Alaornel' and 1n111 uoo Poww of Anorney naa not t~een r.-.ct And I tunner certoty tnat uod FEDERAL INSURANCE COMPANY 01 Ouly hcenMd to tranyct hoehty ano sure tv bu.,ncou on •aero ol tne Stat•• ot tne Unotecl State• ol "-oca. Ooooroct ol Columbia. Puerto Roco ano eacn ol the Provo nco• ol Canaoa wotll tne ••cee»toon of Pro.-E-ard ,.._. -,. aaao OUilf toce-10 ~ -...,.ety on llonda. unoenaiU~. etc . -monecs or ·-•ecs ., ... . Gowen-my harlcl--_. ol-ean-v allinort Holle. N J .• '"'•·----=2:..:l~s:..;t::_ ______ oay o1 May . " J!L.. 'I I • • ' RESOLUTION NO. ~I SERIES OF 1983 A RESOLUTION AMENDING THE GENERAL FUND. • • • ~A WHEREAS, the City Council of the City of Englewood, Colorado, has authorized an agreement with the Southeast Metro- politan Board of Cooperative Services (SEMBCS), for media cata- loging and processing services from May 1 through December 31, 1983; and WHEREAS, the Library Department will need an additional $8,200.00 for the cataloging and processing services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Fund: The following appropriation is hereby made in the General Source of Funds General Fund Balance $8,200.00 Appror i atio n L brary Cataloging and Processing services $8,200.00 Section 2. The City Manager and Director of Finance are thorized to make the above changes to the 1983 budget of Englewood. U ADOPTED AND APPROVED THIS ~ day of ~~ Mayor ATT EST: e x officio City Clerk-Treaau r er hereby au- of the City , 1 98 3 . I, Gary R. Higbee, e x officio City Clerk-Treasurer of th City of Englewood , Colorado , do he r e by ce r tif y that the above nd foregoing ia a true , accurate and com p le t e copy of R olu ton No. ~~--' Seriea of 1983 . • • • RESOLUTION NO. SERIES OF 1983 ~I A RESOLUTION AMENDING THE GENERAL FUND. • • • WHEREAS, the City Council of the City of Englewood, Colorado, has authorized an agreement with the Southeast Metro- politan Board of Cooperative Services (SEMBCS), for media cata- loging and processing services from May 1 through December 31, 1983; and WHEREAS, the Library Department will need an additional $8,200.00 for the cataloging and processing services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following appropriation is hereby made in the General Fund: Source of Funds General Fund Balance $8,200.00 Approtriation L brary Cataloging and Processing Services $8,200.00 Section 2. The City Manager and Director of Finance are hereby au - thorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED THI S ------day of ------------------' 1983. Mayor ATTEST: ex o 1, Gary R. Hiqbee, ex officio City Clerk-Treaaurer of h City of Enqle wood, Colorado, do hereby cer lfy tha the abov and !oreqoinq la a ru , accurate and co•ple copy of R 1olu ion o. ______ , S rlea of 1983. e ) • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 6-2-83 SUBJE'CT Library Department Contract for ~1edia Cataloging and Processing INITIATED BY ____ _.L•ib~rwa~r~y~O~e~p~a~r~tmme~n~t~-------------------------------------- ACTION PROPOSED A"proye aKreement and appropr iate ne cessary fu nds . SUMMA.RY Attached is an agreement between the City of Englewood (Englewood Public Library) and the Southeast Metropolitan Board of Cooperative Services (SEMBCS) for media cataloging and processing services for the period May 1, 1983 through December 31, 1983. The cost of services provided to the City of Englewood by SEMBCS is $2.25/item. Based on the number of items ordered in 1982 and the number of items ordered and received so far in 1983, the Library has determined that $8,200 is necessary to fund the contract for the remainder of 1983. EPL's min inter st in the proposed greem nt with SEM Sis th t through it the Department will acquire machine r dabl records for 11 futur acquisitions . These record uld b readily available for use in a possible future automated syst at the Engl wood Library. • I . • • • - ::;QU't'lli::IIS 'l' ME'fHO!>OLI'fAN l:lO/\IW OF COOPI::II/\'!'1 Vt:: Si::IW1Ci::S 3301 South Mona~o, Denver, CO 00222 PROGR/\M AGREEMENT The SOU HEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES (SEMBCS) and the CITY OF ENGLEWOOD, COLORADO (Englewood Publi~ Library), c.lo hereb y enter into an agreement in 1vhich Si::M I3C S agrees to ~ruvic.le medi~ cuLHloginy cJnc.l processing services uccorc.Jing to the attached processing procedures marked Exhibit A. The above program is effe~tive beginning May 1, 1903 and ending December 31, 1983 . In support of the above agreement, Englewood Public Library agrees to pay SEMl:ICS the sum of '!'en 'l'housand five llundred t>ifty !Jt>ll..Jr ·: ('~llJ ,','.JU), <&r• •. unounl wld<.·!l <.·overs tlw ~·c~tuloyiny dJHI processing o[ Forty -five Hundred (4500) items at Two Dollars and Twenty-five Cents ($2 .25) each and the weekly delivery of processed items to Englewood Public Library. If the number of items processed exceeds 4500 during the term of the contract, Englewood Public Library will be billed at Two Dollars and Twenty-five Cents ($2 .25 ) over that number . On the other hand, should the number of items processed Cal l below 4500, Engle wood Public Library will receive a credit of Two Dollars and Twenty-five Cents ($2.25) for each item under the total amount. That credit may be applied to the 1984 contract, if one is forthcoming, or a refund given early in 19811 . SEMBCS Media Service will be responsible for the following: Receiving and checking in of materials; rectifying errors in shipping; 2 . Professional cataloging of all materials accord1ng to procedural agreements; J . !~cJL<.Hiul. processing will 1ncludc, Cor books, compli.!Lii! catalog c<Jrd set , bur cotle lab 1 ntl pocket, myl r jacket when n ed d, compete s t of labels, and ready for u e. Audiovisual items Jill rec ive a complet card catalog set, bar code l bel and pocket, anti, for kit., label. for each major item. 4. D v ry oC proc d item to Englewood Public Library once w ekr 5 . P ymenc o th $10 ,550 sum h ll be s fo low : 3,500 oy Ju y 1, 19U3 $3,500 by Septemb r 1, 1983 $3,500 by Decemb 1, 1903 S·MBCS C V 0• e GL·WOOD, COLOHA Lly A T~ T: • I • • • • •·.::CI.!:' .. <.Iu!J l'l:J·o~.J \. f.llll(t\I(Y -----·------·· -·----- I' Calalog IJI)~, fu l l cJiliOI • J~ (lnd i:.u,; ~/U.lJO ••), 1\l!llcr <.~ll .y Lo :,ectllld b r e..tk Lll 111c: lllltiiiH ·•·. ~;"i'l' I y po <:k ld ott.l y . Adult colleo;;l ion uses L .C . :;ubjccl ~1_endiugs Se a r s . u) l"l C'J'lON (i nc:lutlin!!, ft>reign ;tuLitu rs 111 L L"rlll»ia l '·'"'· v)',. T,ds to y ) F +full s urname or au r hor + f 1rs l inilin l- F SLL:iHIH.!(.;.I' J SIHJI'C ~Lorlcs by ~i lngl~.. ... ;.luLi tul· ... 1:; 1 jc L u n Shun ~turico by several uulhur»: TiciU.tl J-+ t"lr:.L l<unl ,,f main ""lrv 1 lbl ini Li.Jl (i f lQQ field preSI!lll) :.oLe.:: .-lf4li:L.'Y !,to rlet; c at:i..t l llA 1'-l \·., .. ;l.tJl"ll :tL uri t>:i c"LH i ug :,, il:liLt..· l·lc.•t jun c.:o 1 Ltlo1~ '"I'" ju, lntliu,~ l .tnl.IHY {u d' H .ll. 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"''" !>iiii~(!L ion or LlLle) nlu lh , 1'1. u11lllll.! • ) I • • - • • • • !6 RESOLUTION NO. ~~ , SERIES OF 1983 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $2,320,000 AND PROVIDING FOR THE PUBLICA- TION OF THE NOTICE. WHEREAS, the City of Englewood, Colorado, has by Ordi- nance No. 59, Series of 1981, passed and adopted on August 3, 1981, authorized the issuance of its Use Tax Revenue Bonds, Series 1981A in the principal amount of $465,000, dated September 1, 1981, and Use Tax Revenue Bonds, Series 1981B in the principal amount of $1,750,00 , dated September 1, 1981 (collectively, the "Out standing Bonds"); and WHEREAS, the Outstanding Bonds are payable from the use taxes imposed and collected by the City, and constitute a first and prior lien on such pledged revenues; and WHEREAS, there are presently outstanding $450,000 of the Series 1981A Bonds and $1,685,000 of the Series 1981B Bonds; and WHEREAS, the City Council has determined that by refund- ing the outstanding Series 1981A and Series 1981B Bond s , there will result a substantial reduction of the total principal and intere st payable on such obligations; and WHEREAS, Section 106 of the City Charter provides that the City Council may authorize the issuance of refunding bonds by ordinance, without an election, for the purpose of paying out- standing bonds of the City; and WHEREAS, the refunding bonds and the interest hereon, shall be p yable from the special fund pledg d th refer, to cont 1n th proceeds of the use t x por 10n of th sal s and u e ax imposed and coll c d by th Ci y; nd WHEREAS, in cco rdance w1th h prov1sions of the Ci y Charter , it is n cessary to dver is for h sale of h bonds; BE IT RESOLVED BY THE CITY COUNCIL OF TH C ITY OF NGL WOOD, COLORADO: - 1 - • I • • • • • • 1. That notice of sale of the bonds in the total principal amount of $2,320,000, shall be given by publication in one is sue of the Englewood Sentinel, a newspaper published and of general circulation in the City, in the edition dated May 18, 1983. 2. The form of the notice of sale shall b~ subs tan- tially as follows: ) I • • • • • .. • NOTICE OF SALE CITY OF ENGLEWOOD, COLORADO USE TAX REFUNDING REVENUE BONDS, SERIES 1983 $2,320,000 BID OPENING: MONDAY, JUNE 20, 1983, 2:00 P.M. NOTICE IS HEREBY GIVEN That the City of Englewood, Co lorado, will receive sealed bids at the office of the Director o f Finance at the Municipal Building, 3400 So. Elati Street, in Englewood, Colorado, until 2:00 P.M ., on Monday, June 20, 1983, for th e purchase of Use Tax Refunding Revenue Bonds, Series 1983, in the principal amount of $2,320,000. The bonds will be registered as to both principal and interest. The transfer agent for this issue of bonds will be The First National Bank of Englewood, Englewood, Colorado. The bonds will be dated August 1, 1983 and be in the denomination of $5,000 each, numbered 1 to 464, inclusive. The bonds will bear interest at a maximum net effective interest rate not exceeding 10 % per annum, payable on November 1, 1983 and semi-annually thereaf te r on May 1 and November 1 each year, and mature serially on Novembe r 1 as follows: chang , Am o unt s 45,00 0 75,00 0 100,000 150,0 0 0 200,0 00 2 2 5 ,000 27 5 ,00 0 35 0,00 0 4 00 ,000 500 ,000 * *The moun nd will be d Maturity 1984 1985 1986 1987 1988 1989 1990 1991 199 2 19 9 3 matur1ng in h year 1993 is subJec ermined fter the b1d opening . • to I . • • - The bonds will be awarded on the basis of the bid resulting in the lowest net interest cost for the bond s . Th e lowest net interest cost is defined as the total amount of int er- est to accrue from the date of i ssue to the date of matur ity , without regard to the prior redemption provisions, less the amount of cash premium bid, if any. Bidders are requested to set forth the net interest cost and the net effective intere st rate in their bid. No bid for less than the par amount will b e a ccepted. Inter est rates should be stated in multiples of twenti eths or eighths of one per cent. The maximum allowable spread between the highest and lowest interest rates bid is 2.0%. The maximum number of separate interest rates allowed shall be five, although the same interest rate may be repeated. No more than one interest rate should be bid for each maturity. The bid for the purcha se of the bond s must be without condit io n or reservation and must be accomp a nied by a certified or cashie rs check on a bank or tru st company payable to the City of Englewood in the amount of $50,000. Checks of unsuccessful bidders will be returned promptly after bid opening. The check of the successful bidder will be retained, without interest , and applied on bond purchase if the purchase is completed, otherwise as liquidated damages. The bonds will be issued for the purpose of refunding val id and outstanding use tax revenue bonds of the City . The princ ipal of and interest on the bonds will be payabl from the spec ial fund pledged for the payment of principal and 1nterest, to contain the use ta x portion of the sales and use tax imposed by the City of Engle wood. The bond s shall constitute a first and pri or lien on the special fund, although not neces sarily an exclusive first l1en . A more detailed summary of the bond repay- ment provisions appears in the Prospectus. The bonds do not constitute an indebtedness of the City within the mean1ng of any cons itutional , statutory or charter limitation or prov1sion , and shall not be considered or held to be a general obliga 10n of the City . The holder of the bonds may not look to any general or other fund of the City for he payment of the pr1nc1pal o or interest on the bonds. The award of the bonds 111 be mad by th City Councll at the regular meeting on Monday, June 20, 1983 , a 7:30P.M., or n djournm nt o the requl r Councll t1ng on h d ,.. Th C1ty of Englewood reserv s he p 1v1l q waiving ny d e f c t or irr gulan y 1n any btd, and h nqh r j c any nd all 1d s o r he purch s of s id bond o r It l.S o u Augus Th nt1c1p ted th , 1983 . y w1ll furn1 h 1 proc d1n s h bonds will b A orneys a d llv ry o -4 - • h bond wlll on ) • -• • • legal opinion will be printed on each bond. Bond counsel's approving opinion will recite, in conventional form, that bond counsel has examined the Constitution and Laws of the State of Colorado and the Charter of ~he City, a certified copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds, and bond numbered one of said issue, and that the Bond has been properly executed and is in due legal form. The opinion will state that the bonds are valid and l egal ly binding upon the City, payable solely from the special fund described above , and that the obligations incurred by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the State. The last paragraph of the opinion will express an unqualified opinion as to the exemption of interest on the bonds from federal taxation and from taxation by the State of Colorado. The matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the information con- tained in the Official Statement, Prospectus, Offering Circular or other similar documents, if any, and therefore assumes no re- sponsibility for the accuracy, completeness or fairness of any statements made in connection with any purchase or sale of any of the bonds. Additional information concerning this issue and the City may be obtained from Mr. Gary R. Higbee, Director of Finance, Municipal Building, 3400 So. Elati Street, Englewood, Colorado 80110, or from Hanifen, Imhoff Inc., 1125 Seventeenth Street, Suite 1700 , Denver, Colorado 80202, the financial consultant to the City. The City Council has expressly consented in writing to authorize Hanifen, Imhoff Inc., either alone or with others, to submit a bid for the purchase of this issue of bonds. DATED at Englewood, Colorado, as of the 6th day of June, 1983. ( S E A L ) ATT ST: Pu luh in : Pu ltsh on: d o En gl w od s n in 1 Ju n 8, 1 8 3 /s/ Eugene L. Otis Mayor C ity o f Englewood, Col o r ado r. • I • • • • • 3. In addition to the publication of the noti ce of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the Prospectus and notice of sale to those investment banking firms, banks and others who might be interested in bidding on bonds of the City. The prior action of the City Council in designating Hanifen, Imhoff Inc., as Finan- cial Consultant to the City, is hereby ratified and approved; and that the fee paid or to be paid to such firm is fair and reasonable compensation for services in acting as Financial Consultant. Hanifen, Imhoff Inc ., may, either alone or with others, submit a bid for the purchase of the bonds, and in such event, the fee paid or to be paid for financial advisory services shall not be deemed a discount for purposes of the par sale requirment. 4. That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remainin g provisions of this Resolution, it being the intention that the various provisions hereof are severable. 5. Resolution No. ll• Series of 1983, passed and adopted by the City Council on May 16, 1983, relating to th e consideration of bids to be received on May 31, 1983, i s hereby repealed. ADOPTED AND APPROVED This 6th day of June, 1983. ( S E A L ) ATTEST: Finane X Clerk-Tr surer - 6 - • ) I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. ______ __ Series of 1983, approved and adopted by City Council the 6th day of June, 1983. Gary R. Hig bee -7- • • • C 0 U N C I L DATE • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Interim Agreement between Urban Renewal Authority and Brad INITIATED BY Englewood Urban Renewal Authpr:!ty ACT I ON PROPOSED Review and approve the I nterim Agreement between Englewood Urban Renewal Authority and Brady Enterprises, BACKGROUND: On June 1, 1983, th En lewood Urban Renewal Authority approved the Int rim Agreement with Brady Ent rprises through the passage of Resolution 16, Series of 1983, Th Agreem nt will be signed by Brady Enterprises and th deposit (in the form of a 1 tter of credit) will be delivered early next we~k. possibly on Monday, Jun 6 , 1983, The Urban Ren wal Authority plans to ca refully monitor Brady Enterpris conformanc with th tim schedule outlined in th Agr em nt, and periodic status reports will b subaitt d to the City Council. RECOMMENDATIO : Although the Agre ot is with th Ur an R n that City Council sive th ir approval to th •otion at th ir r aulat City Coun 11 • tin hority, we would r co~ nd nt in th form of s foraal ni h , Jun 6, • • • • • CITY OF ENGLEWOOD, COLORADO URBAN RENEWAL AUTHORITY RESOLUTION No, 6 Series of 1983 A RESOLUTION OF THE URBAN RENEWAL AUTHORITY TO SUPPORT AND ADOPT THE INTERIM AGREEMENT BETWEEN THE ENGLEWOOD URBAN RENEWAL AUTHORITY AND BRADY ENTER- PRISES. WHEREAS, by Resolution #7 , Series of 1983, Brady Enterprises was designated the prime redeveloper for the Englewood Downtown Redevelop- ment project; WHEREAS, negotiations between the Englewood Urban Renewal Au- thority and Brady Enterprises have been on-going since January, 1983; WHEREAS, Brady Enterprise& has requested additional time to perform market studies and architectural work for the downtown redevelop- ment project; WHEREAS, Brady Enterpriaee has aubmitted a detailed time ach dule for the completion of these studies; WHEREAS, the Englewood Urban Renewal Authority desires to continue ita relationship with Brady llnterprisel during thia interim 1tudy period. OW, THEREFORE, BE IT RESOLVED by the Englewood Urban Renewal Authority as follows: Tr S ction 1. ra Brady on b ood Urban R n sl Authority approves the Interia nt batw en the Englewood Urban R n al Authority and !nterprLias, and authori&aa the Chairaan to 1ign it alf of th Enal ood Urban R n al Authority. ADOPTED AlP OV THIS.!!!.._ day of _;;.;Ju;;.;;n;.;;• __ , 19 3. • Motion by: Melvin Minnick Seconded by: R, P. McClung -2- • • • Voting in Favor: Fitzpatrick, McClung, Minnick, Novicky, Voth, Cole Voting in Opposition: --~N~o~n~e------------------------------------------ Members Absent: Dickinson ------------------------------------------- Member s Abstaining: ~N~on~e--------------------------------------------- • I . • - • • INTERIM AGREEMENT BETWEEN BRADY ENTERPRISES AND URBAN RENEWAL AUTHORITY June 1, 1983 • I . • • • • • INTERIM AGREEMENT TH IS ACH~EcMENT (the "Interim Agreement") is made and entered into as of this ___ day of , 1983, by and between the ENGLEWOOD URBAN HENJ::WAL AU'I'HOHITY, a body corporate anu politic of the State of Colorado (which, together with any successor public body or officer hereinafter designated by or pursuant to law, is hereinafter called the "Authority") and I:JltADY ENTJ::RPR ISES, a Colorado general partnership (the "Redeveloper"). RECITALS. A. The Redeveloper submitted an Offer to Negotiate to the Authority dated November 15, 1982, which was accepted by the Authority on December 22, lll82, for the Redevelopment of certain propertiea as part of an urban renewal project in an area (the "Project Area") known u the "Englewood Downtown Redevelopment Project" (the "Project") pursuant to an urban renewal pi n known as the "Englewood Downtown Redevelopment Plan" (the "Urban Renewal Plan"). B. 1 h R d v lop r 1s Offer to N otiat conta ned a developm nt pi n (th "Dev lopm nt Plan") which was lnt nded by th parti to be th b for th "C tty re m t") y d (th "City"). re rand th Aut m nt") by ty n r m nt (the ty or w 1 ~ood • • • • • C . ltedeveloper has requested that the negotiating period for the !tedevelopment Agreement and the City Agreement be extended in accordance with the terms and conditions herein contained, and the Authority is willing to do so , subject to the terms and conditions set forth below. AGREEMENT NOW, TH.I!:REFO.K.I!:, in consideration of the premises and the mutual obli gations of the parties hereto and other good and valuable consideration, t he r eceipt und adequacy of which is hereby acknowledged, each of t hem hct•cby covenants and agrees with the other as follows: 1. Purpose. The purpose of the Interim agreement is to: a. establish a schedule for certain activities and the develop ment oC programs, consistent with the Urban Renewal Plan and City code a nd ordinances, which are a prerequisite to the .Kedevelopment Agree me nt an th City Agreement; b. extend t h negotiating period for the Redevelop m n t Agr m nt nd the C ity Agre m ent to Augu s t 15 , 11183; c. prov id for a d p01it by Redev Ioper to a ure dlhg nt compli n wt t h the t r m and c onditions of th In t e r im Ag r m nt and good faith n gotl Uon of th Ked velopm nt City m nt d all oth m nll r u red to accompl pvt Inter m AI t y a 00<1 Ca t h pot t (t h " t It t ry t o t h Aut red velopm nt of th m nt, R d vel II It") In th Corn of n lty n t • unt r • • • • Hundred Thousand Dollars ($100,000.00); provided, however, Redeveloper may reduce the amount of the Deposit to a minimum of Fifty Thousand Dollars (~50,000.0 0) in the form of a letter of credit satisfactory to the Authority by presenting evidence satisfactory to the Authority of direct expenditures for the studies and reports described in Sections 5, 6, 8 and 9 of the Interim Agreement. It is expressly agreed that if the Redeveloper defaults and breaches this Interim Agreement, the damages suffered by the Authority will be substantial. Such damages wiU consist of, among other things, a substantial delay in the completion of the Project; the loss of other potential redevelopers for the Project Area; administrative and legal expenses; the loss of cultural, commercial and tax benefits that would have accrued to the City, its residents and the Authority had the default not occurred; and impairment of the Authority's ability to finance the Project. The purpose of the letter of credit is to secure the performance of this Interim Agreement by the Redeveloper and to provide for payment of damages suffered by the Authority in the event of default by the Hedeveloper. Hedeveloper shaU keep the deposit in full force and effect until termination of the Interim Agreement. The Authority's interest in the full amount of the Deposit shall be a security Interest, superior to the claim of all other parties, including, but not Umited to, any Hen hold r, a ignee, tru tee in bankruptcy or any other creditor or person claiming by, through, or under the Redeveloper. 3. Upon termination of th AJreement by th a, th posit, and all a rued unpa d Inter t ther on, It any, may be taln d by the Authority u paym nt of Its dam ge for d fault by th R veloper. Upon termination of th r m nt by th prov d In t on Ub, th D poalt \l b r turn d to th r by th Authority. -4- I • • • • 4. Exhibits. The Redeveloper has presented to the Authority a Short-Term Project Schedule {Exhibit A) and a Long-Term Project Schedule {Exhibit B) which are attached to and incorporated into the Interim Agreement. The Short-Term Project Schedule is the basis Cor the time periods established in the Interim Agreement and the Long-Term Project Schedule shall be the basis Cor a time and performance schedule to be made a part of the Redevelopment Agreement described in Section 11. 5. The Economic Work Program. The Redeveloper has retained Laventhol & Horwath {"Laventhol") to prepare an analysis of the demand for office, retail, and hotel facilities in the Project Area. The study will also identify and analyze developments that will compete with the improvements planned by the Redeveloper. The Redeveloper has also retained Hammer, Siler, George Associates {"Hammer") to analyze the demand for residential facilities planned by the Redeveloper for the Project Area. The Redeveloper shall cause Laventhol and Hammer to complete and submit their economic reports to the Redeveloper and the Authority on or before June 13, 1983. At all times during and after the preparation of the Economic Work Program, Redeveloper will allow representatives of the City and the Authority to Inspect all data, statistics and work product that are Incidental to or part of th Economic Work Program a well a all drafts or the Economic Work Program Itself. ha reta ned the archat ctur I and planniJli firm or P rez and Allocl t ("P r ") to work wath th ed v oper. the Author ty. the C ty. Lav nthol nd Hamm r to h lp d velop th Imp em ntat on Plan d rlbed In tlon 8. P r and th R d veloper Ill tor construction of the mpro m nts propo by th on th Economic Work r ram d th Utll ty tudy. -5. I • - • • • •' • 7. 'l'he Utility Study. The Authority will prepare or cause to be prepared an analysis of the size and location of public utilities, streets, alleys, and public utility easements in the Project Area. This study shall be completed in preliminary form on or before July 5, 1983, with the final report due on or before August 20, 1983. B. The Im plem e ntation Plan. Based on the studies of Laventhol, Hammer, and Perez, the Redeveloper will prepare a program to implement redevelopment (the "Implementation Plan") of the Project Area. Uedeveloper shall immediately commence work on the Implementation Plan and shall develop a fi nal draft of the Implementation Plan on or before August 1, 1983. The Implementation Plan shall assimilate and coordinate all of the information developed and collected in accordance with the Economic Work Progra m, the Utility Study, and the Architectural Work Program. 9. The Financial Plan. The City, In cooperation with the Urban Drainage and Flood Control District, has agreed to make available for public projects and purpose identified in the Urban Renewal Plan the approximate amount of Three 1l ll on Six Hundred Firty Thousand Dollars ($3,650,000.00) in 1983 and Nine Hundred Seventy Three Thousand Dollars ($973,000.00) in 1984 . Except for th fund , th Redeveloper, In Its Development Plan, ha.l qreed to provld financing n c ary tor the construct on ot all mprovem nts, both pubUc and private, contemplated by the D v lopm nt Plan ( the aame may be amended pur uant to th Interim Agre m nt). Dur1 th term of th ' Interim Agre m nt, d 1.4)on the Economic Wor Pto~ m, Archlt tural Work P Utility tudy, and th lmpl ntatlon n, t R v Ioper w1ll c to pre red a fin c I plan (the " mane al Pl n") wh h lnd · tr rev nu bond !1 , ta Inc: m nt !I nclrli p rt t x to led 1n l Pro t Ar od olh r rc • I • • • .. • financing proposed to be used by the Redeveloper. The Financial Plan shall also include alternatives and protormas based upon the studies by Hammer, Laventhol, Perez, and others. The Financial Plan shall be completed and delivered to the Authority on or before August 1, 1983. 10. The Land Acquisition Program. Redeveloper has retained Bowes and Company ("Bowes") to prepare appraisals o( certain key properties in the Project Area. These appraisals have been completed. Redeveloper shall make the appraisals or the information contained in the appraisals available to representatives or the City and the Authority. As a pret•equisite to shar ing of this information, the City and the Authority shall agree to keep all information contained in the appraisals conCidential. It is recognized that such infor mation could have a detrimental effect on the abiUty or the Redeveloper to acqu ire properties neceasary tor redevelopment or the Project Area. The Implementation Program developed by Redeveloper shall Include a schedule for acquisition or aU key properties in the Project Area required by Redeveloper . ll. Ngotlatlon and Contents or Apeementa. Commenc ing Im mediate ly , and continuing throueh the term or this Interim Agreement, t h partie agr e to conti nue neJOtlatlon or the Redevelopment Arreement and th Ci t y Ag r e men t wi t h th expectat on that they will be tully executed by th a ppUc le partl on or be fo re Aucust 15 , 111 83 . Th R development Agree m nt hall contain prov lo as follow 1 • Red lo wll or. lett or credit or oth b. Th mp v menta onf rm with a ll a rtQ re men • to provide a r ood faith tin th for m W'lty. 11 city -1 - • • -• • • c. Plans prepared by the Redeveloper shall be submitted to the Authority and the City for approval on a regular basis prior to commencement of any construction depleted In such plans. d. A schedule shall be prepared requiring, among other things, that the Redeveloper commence and complete construction of all proposed improvements on specified dates. e. Redeveloper will agree to a procedure for certification of completion of improvements by the Authority as Redeveloper satisfactorily completes construction. f. Redeveloper will agree that, to the extent possible, vacant land will be developed first. g. Property owned by the Redeveloper In the Project Area will be restricted to uaes In accordance with the Urban Renewal Plan. h. There will be no .. ignment or tranafer of the contract or the property covered by the Redevelopment Agreement without the prior written consent of the Authority and the City. Such approval shall not be unreaaonably withheld. 1. Rea10nable remedlea will be Included Cor default by any party to the Agr m nt. j. R 10nabl cont 111encle will be Included relatinl to th f nanclnc for the ntlre project. • T me and performanc cov n t1 t u red of the part edUl w 11 b c ty ll contain provlaiona u tollo 1 opm nt hall conform to on -. - • reed to ro rn th nd ot ppl c bl • • • • b. A procedure will be included for designation of properties to be acquired under the urban renewal plan. c. The Redeveloper will agree to an orderly procedure Cor issuance of industrial revenue bonds. d. The parties will establish a procedure for timely preparation and review of construction plans and specifications and issuance of permits. e. The parties will agree upon the disposition of the financial contribution of the City (described in Section 9) to the Project. C. The terms of sale, lease or other disposition of City Property ::;hall be specified. g. A procedure for review and approval by the City and the Authority of proposed traffic changes and required traffic signalization will be established. h. Responsibility and procedure for design and construction of public improvements will be specified. 12. Protrress Reports, Meetinp. The Authority and the Redeveloper hall make such reports In such detail and at such times as may be reasonably requested by the other party u to the actual Procress of the Authority or the R develop r with respect to prorre ln the performanc required by th s interim Acre m nt . In addition, th part of the covenant will hold regular ment to d cWii meetlnp at I st one a we k for the Uf of th lnt rim Air and coord nat procre of th part In th p rtormance or th Acreement. 0 ext nt r lble, th m of th venthol, Hammer, Per 11, and tin not I o -·- v Ioper, th ultanta. • at c ty, th t on Authority, I • • • • 13. Aeprovals. The Redeveloper acknowledges and agrees that the Development Concept presented with its Offer to Negotiate was the basis for selection of the Redeveloper. The Authority recognizes and acknowledges that a revised Development Concept will be proposed by the Redeveloper based on the Implementation Plan. The Implementation Plan may include a phased schedule of development, but not a significant lessening of the level of development, the quality of improvements to be constructed, or the amenities Included in the total development. AU such plans, concepts, and revisions shall not be deemed or considered approved by the Authority or the City Wlless and Wlt 1 they are approved In writing and incorporated In to a Redevelopment Agreement und the City Agreement. All approvals by the Authority and the City shall not be unreasonably withheld. 14. Remedies. a. If Redeveloper tails to timely comply with the provisions of this Interim Agreement, particularly with respect to the time limits established, and if such time limits are not extended in writing by the Authority, then the Authority shall give written notice to the Redeveloper of the specific default by Redeveloper. The Redeveloper hall hav fourteen (14) days from the date of such notice ot default to cure or r medy such default. lf uch default not so cured or rem daed, th Author ty may Immediately collect the depoelt d crlbed In tlon 2 and apply the sam to paym nt oC dam ge In ccordance wit h t on , and all r manta by and betw th Authority and th ed veloper nd th Red veloper and th C ty U b null and vo d. b. If th re a mat r l default or bre ch or th Agr m nt by th Autho lty or It th Clty Calla to timely compl te th Ut ltty l y, th Authority not c or u h b h or f ult n -10- • -• • • writing. If such breach or default is not cured or remedied within fourteen (14) days after the date of such notice, the Redeveloper may terminate the Agreement and pursue any right or remedy it may have in law or in equity. 15. Notices. A notice, demand, or other communication under the Interim Agreement by any party to another shall be sufficiently given or delivered if it is d ispatched by registered or certified mall, postage prepaid, return receipt requested, or delivered peraonally, and a. in the cue of the Redeveloper, Ia addre•ed to or delivered to the Redeveloper u follows: 2755 South Raritan, Enalewood, Colorado 80110. b. in the cue of the Authority, ia addressed to or delivered personally to the Authority at Enalewood Urban Renewal Authority, 3400 South Elati, E11ilewood, Colorado 80110; or at such other address with respect to any such party as that party may, from time to time, designate in writilli and forward to the other party as prov ided in this Section. lN WlTNHSS WHEREOF, the Authority and the Redeveloper have caused this Interim Acreement to be duly executed on or u the day first above wr itten. 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