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Home My WebLink About1983-06-20 (Regular) Meeting AgendaC y o uncil Meeting -Regu lar June 20, 1983 • • - 0 • • - 0 0 CITY CO CIL MEETING June 20 , 1983 RESOLl!I'I *fl/,. )6, )7, / ./. OROINANC •.?f. • 29 , • • 7:30P.M. 1 • 2. ....,..v i 3. t 4. • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 20, 1983 I .!'\" ~ / ~~~ Call to o~, invocation by Mr. Robert Thoapson, Haapden Hills Baptist Church, Dartaouth and University Blvd., pledge of allegiante by Boy Scout Troop #115 and I 154, and roll call. ( r-vJ,- Minutes. (a) Minutes of the regular aeeting of June 6, 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please liait your presenta- tion to 10 ainutes.) (a) Mr. Toa Eggert, DRCOG Board Chairaan, will be present to present the two Local Governaent Innovation Plaques. Other Visitors. (Please liait your presentation to 5 ainutea.) Public Rearina. Co aaunicationa -No Action lacoaaanded. (a) Minutea of the Plannina and Zonin& Coa•1aaion •••tina of May 3. 19 3. (Co plea encloaed.) (b) M1nutea of the Water and Se v er oard • t t.a of May 12. 1 983. (Co ph a encloaed.) (c) Mlnu • of the Do wntown Maneae• n Co aal t • •• t tna of May 27, 1983. (Copha ncloa d.) I . • • ,. - Page 2 June 20, 1983 Agenda \::~ ~ c s. 6. 7. Communications -No Action Recommended (Continued). (d) Minutes of the Board of Adjustment and Appeals meeting of June 8, 1983. (Copies enclosed.) (e) Minutes of the Publie Library Advisory Board meeting of June 14, 1983. (Copies enelosed.) Communications -Action Recommended. City Attorney. Ordinances on Final Reading. (a) (b) Ordinance approving an agreement with Urban Drainage and Flood control District, the City of Englewood, and the City of Sheridan regard- ing planning for Sheridan outfall system by Centennial Engineering Inc. (Copies enclosed.) Ordinance approving a contract between the City of Englewood and the State of Colorado, Depart- ment of highways, concerning maintenance of traffic control devices on state highways within the City of Englewood. (Copies enclosed.) Ordinance granting to the Englewood Rousing Authority $277,500 for the Englewood Rome Reha - bilitation Program and amending an agreement between the City of Englewood and the Englewood Rousing Authority for administration of the Rome Rehabilitation Program. (Copies enclosed.) Ordinan ce approving an agreement with the State of Color ado, Department of Local Affaira, providing a grant to the City of Engle wood in the aaount of $150,000 for the eatabliahment of a revolving loan fund to encourage econoaic atabili&ation and job cr sting in the City of En lewood and declaring an emergency. (Copiea ncloaed.) Billa for Ordin ncea. (e) Bill approving an agreement bet ween the City of n l•wood, Colorado, and the Central Colorado Library yetea regarding reciprocal borrov in pro raa. (Copiea eneloeed.) lill aa ndtna ctione 5-2 -3(1), (4) end (5) end 5-26-5( ) of tha n lewood Municipal Cod of 1 9 ~one rning outeid aaploya nt provteiona o the Adat 1etrat1va Pro adurae. (Copt 1 encl • ed.) • I • • • • Page 3 June 20, 1983 Agenda (h) Bill authorizing the issuance of special assess- sent bonds of the City of Englewood, Colorado, for Paving Distriet No. 29, for the construction and installation of street paving, curb and gutter and sidewalk iaproveaents, in said distriet; prescribing the fora of the bonds; and providing for tbe payaent of said bonds and the interest thereon. (Copies enclosed.) Bill authorizing the issuance of use tax re- funding revenue bonds of the City of Englewood, Colorado, in the total principal aaount of $2,320,000, for the purpose of refunding valid and outstanding use tax revenue bonds of the City; prescribing the fora of said bonds; pro- viding for the payaent of the principal of and interest on said bonds froa the revenues of the aunicipal use tax; providing for the establishaent of an escrow account for the payaent of the bonds to be refunded; and pro- voding other convenants and details in connection therewith. (Copies enclosed.) Resolutions. (i) llesolution providing funds for the construction and installation of street paving, curb and gutter, and sidewalk iaproveaents within Paving District No. 29. (Copies enclosed.) (j) Resolution issuing use tax refunding revenue bonds in the total printipal aaount of $2,320,000. (Copies enclosed.) lleaolution of the Engle wood City Council toaaending the efforts of the National Sports Festival V on behalf of aaateur atbleties in the United States and welcoain& the National Sports Featival Torch llunners to tbe City of !nalevood. (Copies entlosed.) (h) Attorney's Cboiee.~1 --<ll Cit Ksasaer. (a) Couaeil Coaauniestioa eoneernin& the bid sward on Psvin& District o. 29. (Copies nelosed.) • I • • • - • • ( Page 4 1983 Agenda June 20, ) for tinued . lie hearingfor Manager (Co n tting a pub e Sharing CHy <ion of "noul •••••~oaod.) A (b) Conoido<: "' foe G"< Cop<•• ••• . e I ~s ~ :~!~.;· ym 1984 • .().R.CoG-W--'l '4 ~~ . • ~ 5-~ o<"' Cj>oiee. ~ _., .0 ~~-1J~ lr 1~._-;,0 o (e) Monagu•a'LL~.,{_ ' f}u""-~ -~~ t/U..$t. ., ..u~ -.... tJ "' /'uu!l' tussion. . 'lJ.)J ?J..u~u--• eneul Dia ~ >. .,p~ . G e'o Cho1ee. -_o .. Q'rlill oL -(J _ ' ~ (o) Moyo '• Choice. ~-~ V 11 Me abe r J ,1-lJ r---tJ...6-1L (b) Coune '--' ~~. s. 9. 10. ent. Ad jou rn• '?; 4-:t' 00 n AM/sb I • • • .. • ~ {;~ ROll CAll 1,·Jor Moved Seconded Ayes Nay Absent Abstain Htgoay Neal Fitzoatrick Weist Bi lo Bradshaw Otis J\~~ ~ CuJ 't ~ 7/f 7( J'lf.~i~ VAu11~ ~ ~--J~{-J~;b/IS .#IS • • • • • •' - ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111gday ....- Neal L..--- Fitzpatrick L..--- Weist L--- Bi lo 1..---' Bradshaw v- Otis ~ I • • • - • • ROL L CALL 1'\ov e d Se con ded Ayes Na y Abs e nt Ab s t ain :...--- Hi gday NeaT I v Fitzoatrick v Wei s t Bi lo Bradshaw Ot i s /~. I . • • • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Htgaay Neal Fltzoatrick Weist Bi lo Bradshaw Otis CtVV'v'-- • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hf9day Neal F1 tzpat rick Weist Bilo Bradshaw Otis • I • • • - • • ROLL CALL Moved Seconded Ayes N Ab ~, ay sent Ab stai n igday I v Neal I ...... Fltzoatrick I Weist I Bi lo 1 Bradshaw I Otis r ~ j • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H fCiday Neal Fi tznatrick Weist Bi lo Bradshaw Otis c:/: (/() (fh' 6 -z 0 f 3 ;u cd -, fj ;x;;t t c~ u I • I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain " Hiqday \ Neal l v Fi tzoatrick I Wei st I ~ Bi lo Bradshaw I Otis ' I . • • - • • ROLL CALL Moved Seconded Ay~ Nay Absent Abstain Higday Neal I ,..--Fitzpatrick I Weist I ,...-Bi lo I Bradshaw I Otis I ~ I • • • • • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hiqdav Neal Fltzoatrick Weist Rilo Bradshaw Otis 1 1; L[A_ ~~ ~ {t -~~~ p&1~ VJv_j} ~~ ;) jUbUi ;1.) t JZ'l~ 5 / t ~ ,t ,.,.__.. t'l 't .__.... , • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ....':'_~~ I Nea_!. v-Fi t~atrick Weist _r_ __!!_i lo Bradshaw Otis .J /. I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' Hfilday Neal I ........., Fitzoatrick Weist I -;,;:::;; Bi lo I Bradshaw Otis I I • • • • • • .. ---- ROLL CALL Moved Seconded Ayes Na y Absent Abstain Hl gday Neal Fitzoatrick Wei st Bi lo Bradshaw Otis (RJJ.j I A-,, {. b ,, 'g. 0 0 <6' z,s- g.so 8.76 <t.<l1S <j g16 -4-D 4.o ,3 s .so • ( -35'0 lf -1 -~~ 8'-1 -~4- ~ 1- '-1-if- ~ -1 -~ 8-1--(- -1-_, 8</-- I . • - • • ·-·- ROLL CALL 1'\oved Seconded Ayes Hay Absent Abstain n e- • • • -• • - ROLL CALL a1n Moved Seconded Ayes Nay Absent Abst · H1gday Neal ,._ Fitzoatrick Weist 1--" Bi lo Bradshaw Otis G~ 1131~ i? ~a ri'W"'" ~~~ 01J4D, 4 I, 4: z_J--~'-' 2 4J«-.) • , I . • • • • .. _ ... _ ROLL CAL L Moved Seconded A~es Na y Absent Ab s ta i n ·~ """H'agaay ' Neal T ...........-Fi tzoat ric k I Wei s t I ---,;;;;--Bi lo 7 Bradshaw I Oti s ~ ~ 0-' . '----efl_ ClB~ 1 ~ ~LL ~'I:' l:::::l' ~~z q:;t:' :::;£~<)M<:ob;;;:Q:;:;;v=~(~ ~~/~ 2 +t , <.f~, <IZ~ GUL[J~ l~ I . • • • - • • .. __ ... _ ROLL CALL Moved Seconded Ayes Nay Absent Abstai n ~ tfrgaay _l Neal I Fi tzoatrick 1 Weist I Bi lo Bradshaw I Otis "" I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain _!!_I gc ay_ v Nea_l Flt~atrick Weist ~ Bi lo Bradshaw Otis I • • • • • • ROLL CALL l'loved Seconded A s Nay ye Absent Abstain I Higday I v Nea_l_ Fltzoatrick Weist v Bi to Bradshaw Otis 7-L I • • • • • • --- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis s I • • • • • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Hioday v---Neal I Fl tzoat rick Weist I -Bi lo I Bradshaw I Otis I \. • I . • • • • • ROLL CAL L Mov e d Secon ded Ayes Na y Absen t Ab s t ain ' RIQday ' Neal I Fltzoatrick We i s t I Bi lo I Bradshaw I Oti s \ "' I . • • • • ROLL CALL Hoved Se conded Ayes Na y Abs e nt Abstain v-Hi gday t--"' NeaT Fl tzoatr ick Wei s t Bi lo Bradshaw Otis \ • • • - • • ROLL CALL 1'\oved Seconded Ay~s Nay Absent Abstain Hiqday -p Neal .... Fl tzoatrick 7 Weist I Bi lo I Bradshaw \ Otis ~ ~· • • • - • .. • ROLL CALL Moved Seconded A yes Na y Absent Abstain Hi cl<fay Neal v Fi tzoatrick Weist v Rilo Bradshaw Otis / ~~ I . • - ROLL CALL Moved Seconded Higday Neal Fi tzoatrick Wei s t Bi lo Bradshaw Otis • • • • ~ Nay \ J I I I I I \. • . .. • Absent Abstai n I • • • • • . ... ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' H!Qdav Neal Fl tzoatrick Weist / -Bi lo -.... Bradshaw Otis \ 6 I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday l Neal I --Fltzoatrick I Weist 7 -Bi lo 1/ Bradshaw [{ Otis ' "- 16 . I . • • • • . ... ROLL CALL Moved Seconded Ayes Na y Absent Abstain Higday Neal Fl tzoatrick Weist -Bi lo ----Bradshaw Otis I • • • • • • ROLL CALL Moved Seconded Ay~s Nay Absent Abstain HIQday \ Neal T y Fl tzpat rick I Weist I Bi lo I v Bradshaw I Otis I \ - 7ct c • • • • ROLL CALL Move d Second e d ~ Na y Absent Abstain Hlgday I t.--Neal I ...--Fl tzoatrick I Weist I Bi lo I Bradshaw I Otis \ "-- (333 I . • - • - ROLL CALL to\oved Seconded A¥\s Nay Absent Abstain _/ Hfc!day \ -v Neal 7 Fl tzpatrick I Weist 7 Silo .... Bradshaw Otis ' ---cf3i:136 I . • • • • ROLL CALL Moved Seconded Aye, Nay Absent Ab s ta in Hlqday I 1/' Neal 1 4 ""' Fl tzoatrick I Weist Bi lo I Bradshaw Otis \ ' ,. ' 1 • • • • ROLL CALL Moved Seconded Ayes Nay Absent Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis 1 ~ f''l ~1 tfYt{;-~ ~~ r--(rr • " '· . Abstain I . • • • :t. ROLL CALL Mov e d Se co nde d Aye s Na y Ab s ent Ab s t ain r Hiqdav Neal ... v Fl tzoat rick '· Wei s t Bi lo Bradshaw .. Oti s 1- I . • • • • ,. • .:t. ROLL CALL Moved Seconded Ayf!fi Na y Absen ~ Ab sta i n Higday T Neal Fltzoatrick I Weist I Bi lo Bradshaw Otis I \ I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ....... Hiqdav ~ Neal Fi tzoat rick Weist I c.---Bi Ia T Bradshaw Otis 1 {lL(l-t Ct0t.~~ t 1S c_tlt J cJ;?! (( ·b lJ 1;~~ 0 '"'Y---~ ~ ~ 02> • • • - Moved v • • • ROLL CAll Se and d c e A ye-\ Hiqdav I Neal I Fltzoatrick I Weist I ~ Bi Ia Bradshaw Otis \ CUA-IZVvri_ ~ ~Gt 3J 1) q Z6 . 3 0 Nay Absent Ab stain ~ . I . • • • ROLL CALL Moved Seconded -4:t.._es Na y Absent Abstain Hf!idav Neal v Fltzoatrick Wei st --..- v-Bi lo Bradshaw Otis . I . • • • • ROLL CALL Moved Seconded Ay es N ay Absent Abstai n Hlqday Neal Fl tzoatrick Wei s t Bllo Bradshaw Otis . ~ . ~ -~ C f R S A ~ g 1't~ -- / l (... ~ --:! ,.}'" (j c-0, / ~.u I ~~~ t.., -z-u . (:p (_ {1 <.t. 0 ! z.......-c 1 \./.__ (_ I . .. • • - • • : ROLL CALL Moved Seconded A yes N ay Absent Abstain (...--Htaday NeaT Fltzoatrick Weist . Bi lo . .., Bradshaw Otis . . . ( • • • • • .. COUNCIL CHAMBERS City of Englewood, Colorado June 6, 1983 I~ REGULAR MEETING : The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 6, 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Dr. Roland A. Andrews, Grace Baptist Church, 4200 South Acoma. The pledge of allegiance was led by Boy Scout Troop 1154. Mayor Otis asked for roll call. Upon a call of the ro ll , the following were present: Council Member s Nea l, Weist , Silo, Bradshaw, Otis. Absent: Council Members Higday, Fitzpatrick. The Mayor declared a quorum present. * * * * * * * Al so present were: City Manager McCo wn City Attorney De Witt Assist nt City Manager Vargas * * * * * * * COU NCIL MEMBER NEAL MOVED TO APPROV THE MINUTE S 0 THE REGULAR MEET I NG OF MA Y 16, 1983. Council MeMb r Bradshaw seconded he •otlon. Upon a call of he roll, h vot resulted as follo ws: Ayes: Nays: Absen Council M mbers N al , W ls , Bllo, Bradsh w, 0 is. one. Council M abers Hlgday, Plt&patrick. The May or d clar d he •o lon carrl d. * • * * * * * T er w r no r -sch duled vlsi o •· • • • • • • I • June 6, 1983 Page 2 • • time. Mayor Otis as ke d i f there were any other visitors at t h i s Juli ana Stark, 6953 South Knolls Way, President of t h e Englewoo d Emp l oyees Association, appeared before Council. Ms. Stark gav e f arewell r e marks as she was leaving the employment o f the City. Ms. Stark thanked Council for passing legislation whereby Council wou l d not be able to remove Career Service Board members. Ms. Stark stated she understood the issue of off duty employment would be disc ussed at a later time. Ms. Stark hoped the EEA's affiliation with AFSME would be positive, and further hoped for good relations between the City ad- ministration and the employees association. Council wished t he best of luck for Ms. Stark and he r new endeavors. were: * * * * * * * •commun ic at i on s -No A~tion Re c ommended• on tha agenda (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Engle wo o d Ho using Autho r ity me tlng of March 30 , 1 9 8 3 . Mlnu es of th Boa rd of Ad j ustme n t and Ap- p als m eting of Apr il 13 , 1 98 3 . Minu es of h Engle wood Pa rk s a nd Recreation Commission meeting of Apr il 1 4, 1 98 3 . Minut a o the Board of Care r S rvlce Coa- •laalonera • eting of April 21, 1983 . lnutea o he Liquor Llcenae Au horl y • e - ing of April 27, 1983. Mlnu ea o of H y 4 1 I Minutes ot •e ing o M nu ea o • lng o h Urban Rene wal Author! y 3 h Public Library Advisory " y 10, 1983 . ing oud h Do wn o wn Oevelo~ n Au horl y ay 11, 19 • • • June 6, 1983 Page 3 .. • • - COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICAT IONS - NO ACTION RECOMMENDED•, AGENDA ITEMS S(A) -S(H). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Absent: Council Members Higday, Fitzpatrick. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented a Council Communication from the Library Advisory Board concerning the Central Colorado Library System (CCLA) Reciprocal Borrowing Agreement. Mr. McCown stated the program promotes the effective use of public library resource s throughout the Denver metropolitan area . COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO DRAW UP THE APPROPRIATE ORDINANCE FOR THE CO NTRA CT. Council Member Weist seconded the mo ion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council M mbers Neal, Wei st, Bilo, Bradshaw, 0 i • None. Council M mb r Higday, Fitzpatri ck . The May or d clar d carried. Cl y A orn prepared for he nex • • would have h ordinance • • • OV 0 TO APP OV ICT. Council roll, vo • • • Council Communi- h nglewood o. 97. Mr. O. 7 TO conded ollowa: I • June 6, 1983 Page 4 Ayes: Nays: Absent: • • • Council Members Neal, Weist, Bilo, Bradshaw, Otis. Non e. Council Members Higday, Fitzpatrick. The Mayor declared the motion carried. * * * * * * * Assistant City Manager Varas presented a Council Communi - cation from the Greenbelt Sanitation District and Englewood Water and Sewer Board concerning Greenbelt Supplement No. 14. Mr. Vargas stated the Board recommended approval. COUNCIL MEMBER BILO MOVED TO APPROVE SUPPLEMENT NO. 1 4 TO THE GREENBELT SANITATION DISTRICT. Council Member Bradshaw s ec- onded the motion. Upon a call of the roll, the vote resul te d as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Fitzpatr ic k. The May o r d e cl ared the motion carried. * * * * * * * Ci ty Man a g e r McCow n pres nted a l ett r from Ms . Wilma E . Ank r um resig n ing h r position from the Public Library Board . COU NCIL MEMBER BRA DS HAW MOVED TO ACC EPT TH MS . ANKRU RESIG NA TIO WITH R GR T . Council Me mber Silo s e c o nded Upon a call of h roll, the vote resul d aa follo ws: Ayes: Council M mb rs N al, w 1st, Bllo , Br dsha w, Otis . ays: None . Ab sent: Council M mb ers H1gd y , 1 zpa lck. The Ma y or d clared h 1110 ion ca r ried . • • * • • • • • June 6, 1983 Page 5 • • • City Manager McCown presented a Council Communication from the Community Development Department regarding a contract between the State of Colorado and the City of Englewood concerning $150,000 Community Development Block Grant. BY AUTHORITY ORDINANCE NO. SERIES OF 1983 COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL 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 STABILIZATION AND JOB CREATION IN THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGEN CY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 1983, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: A 0 GL OP TIO Ayes: Nays: Abs n Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member s Higday, Fitzpa rick. The Mayor declar d he eo ion carr! d • • • • * * • • BY AUTHO ITY NO. ILL l y CTIO 5 0 TH TO PROVIDE FOR cou 11. TO " ILL NO. 1 8 , cou ell r r dah w • ao lon. o. 20 COU CJL O, c-• • June 6, 1983 Page 6 • • • Council Member Neal noted the optional plan would be at no additional cost to the City. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Fitzpatr ick. The May or declared the motion carried. ORDINANCE NO. 20 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBE R BRAD SHA W AN ORDINANCE APPROVING AN AGREEMENT WITH THE SOUTHEAST METR OPOLITAN BOARD OF COOPE RATIVE SERVICES FOR MEDIA CATALOGING AND PROC SSI NG. COUNCI L MEMBER BRADSHAW MOVED TO PASS COU CIL BILL 0. 21 , SERIES OF 1983, ON FINAL READING. Council MeMb er Silo conded he motion. Upon a call of the roll , the vo e re ul d as follo s: Ay s: N ys: A s n Non • al, W is , is. Council M ab rs Higday, Pi zpatri c The ayor declared th ao ion carried • 21 * OVI NG A 0 1 p • * • * BY AUTHO lTY ITH U LITTL * • COU ClL BILL O. 22 I T OOUC D BY COUNCIL M R ITZ ATRIC ~ 0 LOOD Tl CI TY I • June 6, 19 83 Page 7 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 22, SERIES OF 1983, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Fitzpatrick. The Mayor declared the motion carried • ORDINANCE NO. 22 SERIES OF 1983 • • • • BY AUTHORITY • • • COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINA NCE APPROVING A CONTRACT WITH THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, COLORADO WATER CONSERVATI ON BOARD, PR OVIDING FOR THE RECONSTRUCTION OF THE UNION AVE DIVERSION PUMP STATION AND GRA NTING AN EASEMENT. COUNCIL MEMBER BILO MOVED S RIE S OF 1983, ON FINAL READING. ond d th o ion. Upon a call of follows: TO PA SS COUNCIL BILL NO. 23, Council M Mber Bradshaw sec- he roll, the vo e r sul d as 0 OI ANC S Rl 0 Ayes: Nays: Abs n The Mayor NO. 23 l 83 Council M mbers Neal, W 1st, Bilo, Bradshaw, Otis . Non • Council M ~bers Higday, Fitzpa ric • clared he ao ion c rried. • • • • BY AUTHORITY • • • • COU NCIL BILL Q. 1 INTRODUC 0 BY COUNCIL M M R FlTZPAT IC I • June 6, 1983 Page 8 • • - AN ORDINANCE AMENDING THE '69 ENGLEWOOD MUNICIPAL CODE BY ADD I NG TO SECTION 5-11-4 AMENDMENTS CLARIFYING THE AUTHORITY OF THE CITY MANAGER AND CITY COUNCIL WITH RESPECT TO CI TY EMPL OYEE S I N TH E MUNICIPAL COURT AND PROVIDING COURT RESPONSIBILITY FOR IN TE RNA L FUNCTIONS OF THE COURT. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 1 6, SERIES OF 1983 , ON FINAL READING. Council Member Silo s e co nded t he motion. Council Member Neal stated the ordinance i ssued no t o nly authority but also responsibility and it was importan to note this. Upon a call of the roll, the vote resulte d a s foll ow s : Ayes: Nays: Absent: Council Members Neal, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Fitzpa tric The Mayor declared the motion carried. * * * * * * * BY AUTHORITY ORDI NANCE NO. 2 4 CO U CIL BILL NO. 18 S ER I ES OF 1 98 3 I NTR ODUC D BY COU NCIL M MBE R N AL AN ORDI NANCE AMEND I NG S ECTION S-ll -4(d ) 0 THE ENGL WOOD UNICI PA L CODE ' 9 CO NCER ING REM OVAL OF MEMBERS 0 TH CAR EER S RVICE BOARD. COU NCIL HEMB R NEAL MOVE D TO PA SS COU CIL ILL O. 18, 0 1983 , 0 PI NA L REA DI NG. Council M a r W is cond d o ion . COUNCIL MEMB R BR ADSH AW MOV D TO AM END COU CIL BILL 0. 18, BY ADDI NG TO END OF TH IRS T PARA GRAPH I 5-11-4( ) •A D CHAIR MA ELECT D BY BO AR D MEMB RS •. o i on died for 1 c of a second. Upon a call of h rol l, h vo r aul d as follo ws: Ay Sl Co un cil ra 1, on h orlq n o ion • • June 6, 1983 Page 9 Nays: Absent: • • ,. • Council Member Bile. Council Members Higday, Fitzpatrick. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 OUTFALL SYSTEM BY CENTENNIAL ENGI - NEERING, INC. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1983, ON FIRST READING. Council Mem ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: 0 DI A S RI Ayes: Nays: Ab sent: Council Members Neal, Wist, Bile, Bradshaw, Otis. None. Council M mb rs Higday, Fitzpatric Th Mayor declared he motion carri d. * * * * BY AUTHORITY A BILL FO TO TH R HA I L lTATlO TH CITY 0 GL I IST ATIO TH * • * ILL O. 2 CIL • ( June 6, 1983 Page 10 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1983, ON FIRST READING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Fitzpatri ck . The Mayor declared the motion carried. RESOLUTION NO. 27 SERIES OF 1983 * * * * * * * A RESOLUTION APPROVING A LONG-RANGE PLAN FOR THE PAVING OF CITY STREETS IN THE CITY OF ENGLEWOOD THAT HAVE NOT BEEN BROUGHT UP TO CITY STANDARDS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1983. Council Member Bilo seconded the motion. COUNCIL MEMBER NEAL OFFERED TO AMEND THE RESOLUTION IN SECTION 3 BY ADDING AT THE END OF THE PARAGRAPH •AN D SIDEWA LK SYSTEMS,• Council Memb rs Bradshaw and Silo accepted th am ndment. Upon a call of the roll, the vote resulted as follows: Ayes: N•ya: Absent: Council Member s Neal, W iat, Silo, Bradshaw, Otis. None. Council emb ra Higd•y, Fitzp tric • Th Mayor decl•red the mo ion carried. o. 28 1983 * * * * * * * • I • June 6, 1983 Page 11 • • • 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. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1983. Council Member Bradshaw seconded the motion. City Attorney DeWitt noted changes in the legal descrip- tion which were: line 8 to read 360 feet not 340 feet; line 11 to read 360 feet not 340 feet; and line 14 to read 3.265 acres not 3.083 acres. COUNCIL MEMBER WEIST MOVED TO AMEND THE RESOLUTION IN SECTION 1 IN THE LEGAL DESCRIPTION AS FOLLOWS: LINE 8 SHOULD READ •sAID WEST LINE OF SOUTH KALAMATH STREET 360.0 FEET; THENCE•, LINE 11 SHOULD READ •or SOUTH KALAMATH STREET 360.0 FEET TO A POINT ON THE•, AND LINE 14 SHOULD READ •pARCEL CONTAINS 3.265 ACRES, MORE OR LESS.• Council Mem ber Bilo seconded the motion. Council Member Neal objected to any changes that would increase costs. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays: Absent: Council Me~ber s Weist, Bilo, Bradshaw, Otis. Council Member Nea l. Council Me~bers Higday, F it zpatri c k. Th Mayor declared the •otion c arri d. Upon a call of the roll , he vote on th original otion result d as follo ws: Ayes: Nay : Absent: Council •bers al, W is , Bilo, Bradshaw, 0 is. None. Council Members Higday, Fitzpatrick. Th M yor declared he mo ion carried. * * * * • * * • I • • June 6, 1983 Page 12 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. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE RESOLUTION AND SET A PUBLIC HEARING CONCERNING THE ISSUE ON TUESDAY, JULY 5, 1983, AT 7:30 P.M. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Weist, Silo, Bradshaw, Otis. None. Absent: Council Members Higday, Fitzpatrick. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMAT I ON DECLARING JUNE 14, 1983 AS •FLAG DAY•. Counci l Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council Members Neal, Weist, Silo, Bradshaw, Oti s . None. Ab se n t : Council Member s Higday, F it zpa t r ic k. Th e May o r declared t h mo tion c arr l d. * • * * COU CIL MEMB ER BRADS HAW MOVED DECLARI G TH TW ENTY-O NE DAYS , JU NE 1 4 TO HO OR AM RICA. Council M aber ilo call of he roll, the vote r sulted as * * TO APPR OVE A T HROUG H JULY seconded t h follo ws: Ayes: Coun cil M mb rs Ne 1 , W 1st , Bilo, Bradshaw, 0 is . ays: None. • PROCL AM ATION 4 , AS A P ERIOD aotion . Upon a Absen Cou n cil M mbers Hi9day, l zpatrlck . • I • June 6, 1983 Page 13 ' . • • • The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt presented Council Bill No. 29, Series of 1983, and noted changes which were adding a paragraph after the title ~WHEREAS, a Redevelopment Plan has been adopted by the Englewood Urban Renewal Authority on May 19, 1982, and approved by the City Council of the City of Englewood•. The second change was in the title by changing •s-3 • to •s-DD•. Mr. DeWitt noted a public hearing was necessary in this matter. ORDINANCE NO. SERIES OF 1983 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACING SECTION 22.4-12, ENTITLED •s-3 BUSINESS DISTRICT•, OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED ). COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1983, ON FIRST READING AND TO INCLUDE THE •wHEREAS ••• ENGLEWOOD• AND CHANGE •s-3 TO B-DD• AS NOTED BY THE CITY ATTORNEY AND TO SET THE PUBLIC HEARING FOR MONDAY, JULY 25, 1983, AT 7:00 P.M. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Me•bers Neal, Weist, Silo, Bradshaw, Otis. None. Council M b rs Higday, Fitzpatrick. Th M yor declared th •otion carried • ORDINANCE 0. SERIES OF 1983 • • • • BY AUTHORITY A ILL FOR • • • • COU NCIL BILL NO. 27 INTRODUC D BY COUNCIL MEMBER N AL I • • • • June 6, 1983 Page 14 AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLE- WOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM B-1, BUSINESS DIS- TRICT, TO B-DD, BUSINESS-DOWNTOWN DEVELOPMENT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1983, ON FIRST READING, AND TO SET A PUBLIC HEARING FOR MONDAY, JULY 25, 1983, AT 7:00 P.M.; AND TO INSERT THE DATE IN THE THIRD •wHEREAS• OF THE COUNCIL BILL. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Fitzpatrick. The Mayor declared the motion carried. RESOLUTION NO. 30 SERIES OF 1983 * * * * * * * A RESOLUTION APPOINTING DAVID J, MENZIES ASSISTANT CITY ATT OR NEY. COU NCIL MEMBER BRADSHAW MOVED TO PA SS RESOLUTION NO. 30 , SERIES OF 1983. Council Member Neal seconded the aotion. Upon a call of the roll, the vote resulted as follows: Ay s: Nays: Absent: Cou ncil Me~ber s Neal, W 1st, Bilo, Bradshaw, Otis. None. Council M ~bers Higday, Fitzpatrick. Th M yor declar d the motion carried • * * • • * * • City A torney DeWitt discussed a sui brought agalna the City by Enerco involving th wastewa ter reat• nt facill y. cou 0 ITT TO D a conded h toll o w•: MOVED TO AUTH O IZ CITY ATTORN Y THIS MATT ER. Council M b r radahaw call o he roll , he vo e r aul ed as • I • June 6, 1983 Page 15 Ayes: Nays: • • .. Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Absent: Council Members Higday, Fitzpatrick. The Mayor declared the motion carried • • • * * • • * City Attorney DeWitt discussed a suit brought against the City by Carlton Elec tri c Company involving the wastewater treatment facility. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE CITY ATTORNEY DEWITT TO DEFEND THE CITY IN THIS MATTER. Council Member Bradshaw seconded the motion. upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Neal, Weist, Silo, Bradshaw, Otis. None. Absent: Council Members Higday, Fitzpa t rick. The Mayor declared the motion carried. * * • • • • * City Atto rne y De Wi tt d iscussed the c ase o f Cooper s v the Cit y o f Eng le woo d a nd re c ommended that litigation c ontinue. RESOLUTIO NO. 31 SERl S 0 1983 * • * * * • • A R SOLUTIO AM ENDI NG T H GE NERA L FU ND Ci y Manag r McCo wn noted the resolu ion appropriated monies for h agre m nt with t h South aat M tropo1itan Board of Coop ra ive Services (S MBCS). S I S 0 call o COUNCIL HEMS R RADSH AW MOVED TO PA S R SOLUTIO N NO. 31, 19 3. Council M mb r Bilo a conded he •o ion . Upon a roll, the vo e resulted as follo w : • I • June 6, 1983 Page 16 Ayes: Nays: Absent: • • ' . • Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Fitzpatrick. The Mayor declared the motion carried • RESOLUTION NO. 32 SERIES OF 1983 • • • • * * • A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF USE TAX REFUND- ING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $2,320,000 AND PROVIDING FOR THE PUBLICATION OF THE NOTICE. City Manager McCown pointed out the previous resolution concerning the refunding issue contained incorrect information. The above resolution was being presented with corrections. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1983. Council Member S ilo seconded the motion. Upon a c al l of the roll, the vote resu lted as follo ws: Ayes: Nay s: Absent: Council Member s Nea l , We ist, Bilo, Bradshaw, Otis. None. Council M mbers Higday, Fitzpatrick. The Mayor declared the motion carried. * • * • • * • Ci y M nager McCown pre ented a Council Co unication fro the Urban Renewal Authority concerning n in erim agreement between he Engl wood Urban Renewal Authority and Brady Enterprises. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE TH INTERIM AGR EME T AGRE MENT BETWEEN TH NGL WOOD URBAN RENEWAL AUTHO ITY AND BRADY ENTERPRISES. Council Member Neal seconded the •o ion. • I • • • • • • June 6, 1983 Page 17 Council Member Bradshaw noted a correction to Resolution No. 6, Series of 1983, passed by the Urban Renewal ~uthority that adopted the agreement. In the first •whereas•, •series of 1983• should be changed to •series of 1982•. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. ~bsent: Council Members Higday, Fitzpatrick. The Mayor declared the motion carried. * * * * * * * City Manager McCown stated he had a letter from Englewood Downtown Develop•ent ~uthority recommending names of individuals for future appointments to the ~uthority. Council set Monday, June 27, 1983, at 5:00 p.m. as the date and time to conduct interviews for various vacancies on boards and co11missions. * * * * * * * City Manager McCown transmitted the sales and use tax re- port through the month of May, 1983. Mr. McCown noted sales tax wa s under budget for the year. * * * * * * * City Manager McCown stated he would be out-of-town Thurs- day and Friday attending 11eeting for IC~. Mr. McCown noted the City would be rei11bursed by ICM~ for expenses. * * * * * * * Council M mb r Bilo read a letter froa Mr. M nsel who is the grounds sup rintend nt at the Colu11bine Country Club. Th letter co11pliment d the concessionaire, Duffers, and the grounds- keepers a the Englewood Golf Course. * * * * * * * There was no further business to discuss. * * * * * * * I • • June 6, 1983 Page 18 • • • COUNCIL MEMBER BRADSHAW MOVED TO ADJOURN THE MEETING. 8:55 p.m. Mayor Otis adjourned the meeting without a vote at • I • • BIDDER: • • • $2,320,000 CITY OF ENGLEWOOD, COLORADO USE TAX REFUNDING REVENUE BONDS, 1983 DATED August l, 1983 Bond Sales Results KIRCHNER MOORE INC. AMOUNT $ 45,100 ESTIMATED MATURITY A COUPON 75,000 100,000 150,000 200,000 225,000 275,000 350,000 400,000 505,000 Gross Interest Cost : Less Any Premium Total Interest Cost: 11-1-84 11-1-85 11-1-86 11-1-87 11 -1 -88 11-1-89 11-1-90 11-1-91 11-1-92 11-1-93 Net Effective Interest Rate: 10.50% 10.50% 10.50% 10.50% $1,567,640.62 -0 - $1,567,640.62 9.0353 % 8.50% 8.50% 8.75% 8.75 % 9.00% 9.25 % -------------------------------------------------------------------------- BIDDER : $2,320 ,000 CITY OF ENGLEWOOD, COLORADO USE TAX REFUNDING REVENUE BONDS, 1983 DATED August 1, 1983 Bo n d Sales Results Ha n ifen, Im h o ff , I n c. AMOUN T $ 45,100 75,000 100,000 150,000 200,000 225,000 275,000 350,000 400 ,000 500 ,000 ES TIMATED MATURITY 1 1-1-84 11-1-8 5 1 1-1-86 11-1-7 11-1-8 1 1-1-89 11-1-90 11 -1 -9 1 11 -1-92 11 -1-93 A COUPON 10 .00% 10 .00% 10 .00% 10 .00% 10 .00% 9 .375% 8 .750% 9 .000% 9 .250% 9 .375% $1 ,612 , 32 .81 -0 - $1 • 612 .6 32 . 1 9 . 29471 X ---------------------·-----------------·---------------------------------- • I • • • •• • $349,000 CITY OF ENGLEWOOD, COLORADO PAVING DISTRICT NO, 29 SPECIAL ASSESSMENT BONDS DATED August 1, 1983 Bond Sales Results Bidder: HANIFEN, IMHOFF, INC . AM OUNT ESTIMATED A COUPON MATURITY $124,100 8-1-84 7 .50% 60,000 8-1-85 8 .00% 45,000 8-1-86 8 .25% 35,000 8-1-87 8 .50% 35,000 8-1-88 8.75% 25,000 8-1-89 8 .875% 25,000 8-1-90 8.875% B COUPON 4 .00% 4 .00% 3 .50% 3.50% 3 .00% 3.00% 3.00% B Coupon Period=------------------------------------------------------ Gross Interest Cost : Less Any Premiums Total Interest Cost: Net Effective Interest Rate: $95,276.00 -0 - $95,276 .00 9 .34903% -------------------------------------------------------------------------- • I . . - ( RESOLUTION No. J~ SERIES OF 1983 • • • A RESOLUTION AUTHORIZING THAT SPECIAL ASSESSMENT BONDS OF THE CITY FOR PAVING DISTRICT NO. 29, IN THE PRINC IPAL AMO UNT OF $349,100 BE ISSUED AND SOLD TO THE BEST BIDDER. WHEREAS, in order to provide funds fo r the contruct i on and i nsta l lation of street paving, curb and gutter, and sidewalk improve - ments within Paving District No. 29, the City Counc i l has determined to issue special assessment bonds of the City; and WHEREAS, notice of the sale of bonds in the principal amount of $349,100 has been published in the time and manner required by law; and WHEREAS, a copy of the notice of sale has been forwarded to investment banking firms, banks and others who might bid on the i ssue of bonds; and WHEREAS, all bids for the purchase of the bonds which were rece i ved prior to 2:00P.M., on Monday, June 20, 1983, have been opened and tabulated,and considered by the City Council ; and WHEREAS, se ll said bonds t o ance with their proposal ; NOW, THEREFORE, BE IT RESOLVED BY THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD: 1 . That special for Paving Di s tric t 1ssued and sold to th b st b1dder for b o nd s of t h e City of Englewood pr i nc i pa l a mount o f $349,100 , b e 2. That th C1ty Counc il and o fficers of the City of Englewood are aut1or1zed to do any a nd all t h i n g s necessary to complete the del1v ry of the bonds to the purchaser thereof. · ADOPTED AND APPROVED th1s 20th day of Jun , 1983. ATTEST: Eugene L . Otis, Mayor ex otticio C1ty Clerk-Treaaur r • I • • RESOLUTION No. 3 3 SERIES OF 1983 • • • A RESOLUTION AUTHORIZING THAT SPECIAL ASSESSMENT BONDS OF THE CITY FOR PAVING DISTRICT NO. 29, IN THE PRINCIPAL AMOU NT OF $349,100 BE ISSUED AND SOLD TO THE BEST BIDDER. WHEREAS, in order to provide funds for t he contruction and installation of street paving, curb and g utter, and sidewalk improve- ments within Paving District No. 29, the City Counc il has determined to issue special assessment bonds of the City; and WHEREAS, notice of the sale of bonds in the principal amount of $349,100 has been published in the time and manner required by law; and WHEREAS, a copy of the notice of sale has been forwa rded to investment banking firms, banks and others who might bid on the issue of bonds; and WHEREAS, all bids for the purchase of the bonds which were received prior to 2:00P.M., on Monday, June 20, 1983, have been opened and tabulated,and considered by the City Council; and sell WHEREAS, it is in the best interest of the City to issue and said bonds to ~, ~ ~. ~th~der therefor, in accord-_a_n_c_e_w...,i-,t""'h-t""'h,....e~l.-r_p_r_o_p_o_s_a~l..--; -- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD: 1. That special assessment bonds of the City of Englewood for Paving District No. 29,, in the principal amount of $349,100, be issued and sold to the best bidder for 2. That the City Council and officers of the City of Englewood are authorl.zed to do any and all things necessary to complete the dell.very of the bonds to th purchaser thereof. ADOPTED AND APPROVED this 20th day of Jun , 1983. ATTEST: Eug n L. Otl.s, Mayor ex ofhc1.o Cl.ty • 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 Resolution No. , Series of 1983. Gary R. H~gbee • • -• • • I, Gary R . Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1983. Gary R. HJ.gb ee • I . • • ( RESOLUTION No. J + __ SERIES OF 1983 • • • 1 · j A RESOLUTION APPROVING USE TAX REFUNDING REVENUE l30NDS OF 'l'HE CI'l'Y OF ENGLEWOOD, IN THE PRINCIPAL AMOUNT OF $2,320,000 TO THE BEST BIDDER. WHEREAS, the City Council has determined to issue Use Tax Refunding Revenue Bonds of the City of Englewood in the total principal amount of $2,320,000, for the purpose of refunding valid and outstanding use tax revenue bonds of the City; and WHEREAS, notice of sale of bonds has been published in the time and manner required by law; and WHEREAS, a copy of the notice of sale has been forwarded to investment banking firms, banks and others who might bid on the issue of bonds; and WHEREAS, all bids for the purchase of the bonds which were received prior to 2:00P.M., on Monday, June 20, 1983, have been opened and tabulated, and considered by the City Council; and WHEREAS, it is in t and sell said bonds to the best bidder therefo~r~.~~~~~~~~~~~~~~~~~~f7~~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD: the City in the to for the purchase 2. That the City Council and off~cers of the City are authorized to do any and 11 th~ngs n cessary to complete th delivery of the bonds to the purchaser thereof ADOPTED AND APPROVED th~s 20th d y of Ju n, 1983 . , Mayor Att st: x officio city Cl • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer o f t h e City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolut i on No. , Series of 1983. Gary R. H~gbee • I • RESOLUTION No. ~~ SERIES OF 1983 • • • 1 · J A RESOLUTION APPROVING USE TAX REFUNDING REVENUE BONDS OF THE CI'l'Y OF ENGLEWOOD, IN THE PRINCIPAL AMOUNT OF $2,320,000 TO THE BEST BIDDER. WHEREAS, the City Council has determined to issue Use Tax Refunding Revenue Bonds of the City of Englewood in the total principal amount of $2,320,000, for the purpose of refunding valid and outstanding use tax revenue bonds of the City; and WHEREAS, notice of sale of bonds has been published in the time and manner required by law; and WHEREAS, a copy of the notice of sale has been for warded to investment banking firms, banks and others who might bid on the issue of bonds; and WHEREAS, all bids for the purchase of the bonds which were received prior to 2:00P.M., on Monday, June 20, 1983, have been opened and tabulated, and considered by the City Counc il; and WHEREAS, it is in t e best interest of t he C~ty to issue and sell said bonds to ~c ~ the best bidder therefo=r~.~~~~~~~~~~~~t~e~~~r~~p~r~o~p~o~s~a~r~,---- NOW, THEREFORE, BE IT RESOLVED BY 'fHE CITY COUNCIL OF 'l'IIE CITY OF ENGLEWOOD: 1 . Th t Use Tax Refund ing Revenue Bonds of th principal mount ~ ~2,320,000, be issued and sold ~~~~~~=----4~~~1<~-------------' the best b~dd r of the bonds. c~ty ~n th purchas 2. That the C~ty Council and off~cers of the C~ty r author~zed to do ny and all t h i n gs necess ry to compl th delivery of the bonds to the purchaser thereof ADOPTED AND APPROVED this 20th d y of Ju n, 1983. Eug n L. Ot~a, M yor Att at: x o!!ic1o city Cl • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true , accurate and complete copy of Resolution No. , Series of 1983 . Gary R. Higbee • • • BY AUTHORITY ORDINANCE NO. SERIES of 1983--COUNCIL BILL NO. ~ INTRODUCED~Y COUNCIL MEMBER . l_;n A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLE- WOOD, COLORADO, FOR PAVING DISTRICT NO. 29, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS, IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. WHEREAS, for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals on certain streets, Paving District No. 29 in the City of Englewood has been duly created by Ordinance No. 16, Series of 1983, finally adopted and approved on April 18, 1983; and WHEREAS, the City Council has determined that the cost of the construction and installation of s reet paving, curb and gutter and sidewalk improvements, toge her wi h nece ssary incidental costs, wh ich will be ssessed against the property included wi hin th distric , shall not exceed the amount of $349,100, and tha bonds of th City for the District should be issued in this mount; and WHEREAS, 1n accord nee with the City Charter and a reaolu ion pas se d on My 16, 1983, the City Council ha s ad- ver: ia d for he sale of Spec1 1 Au as nt Bonds nd said bonds in h to and WH for th iasuanc 0 IUd bon p1ym n y Til CITY COUNCIL OP' TH CITY 0 E • 40 - • I • • • • • Section 1. Bond Details. By virtue of and pursuant to the Charter and the Laws of the State of Colorado, Special Assessment Bonds of the City of En9lewood for Pavin9 District No. 29 shall be issued for the purpose of payin9 for local improve- ments constructed in the District. The bonds shall be in the principal amount of $349,100, shall be dated Au9ust 1, 1983, and shall consist of 350 bonds in the denomination of $1,000 each except that Bond No. 1 shall be in the denomination of $100. The Bonds shall be issued only as fully re9istered bonds without coupons and shall be due and payable on Au9ust 1, 1994, subject to call and prior payment on any interest payment date, in direct numerical order, upon payment of par and accrued interest. Notice of such prior redemption will be 9iven by the Bond Re9is- trar by aailin9 a copy of the redemption notice by first class mail (posta9e prepaid) not more than 30 days and not less than 15 days prior to the date fixed for redemption to the re9istered owner of each Bond to be redeemed in whole at the address shown on the re9istration books maintained by the Bond Re9istrar. Pailure to 9ive such notice by 111ailin9 to any Bondholder, or any defect therein, shall not affect the validity of any proceedin9 for the rede111ption of other Bonds. All Bonds so called for redemption will c ease to bear interest after the specif i ed redemption d•te provided funds for their redemption are on depo s it •t the place of payment at that tiae. The Bonds shall bear interest payabl e semiannually on ea c h Pebr u ary 1 and AU9 us t 1 , c o111mencin9 on Peb ru •ry 1 , 1984 , and sh11ll a a ture on Au9ust 1, 1994 , a s f ollows: Bond Nu111bera 1 to 125, incl. 126 to 18$, nc:l. 186 to 230, 1ncl. 231 to 265, incl. 266 0 300 , ncl. 301 to 325, incl. 326 to 350, incl. ... 4 1 - • • • • • In addition to the •A• interest rate indicated above, Bonds numbered _L__ to ~~0 inc l usive, shall bear additional •B• interest for the period fro11 /, I t, 1983 to the dates indicated below, or to the rede~~ption date of the Bond, whichever is the earlier date, such •B• interest being payable on the same dates as the •A• interest, during said period of time: Bond NUIIbers t to incl. 126 to incl. 186 to incl. 231 to incl. 266 to incl. JOt to incl. 326 0 incl. •a• Interest ror Period Rate To Such •B• interest shall be evidenced by an appropriate instruMent, which shall be fully registered. The maximum net effective interes ~ rate of this issue of Bonds shall bet/...I.Yfo3 , per annum. -Section 2. principal of the Bonds shall be payable i n lawful mon e y of the United States of AMerica at The r i rst Nat i onal Bank of Englevood, in EngleWOOd, Colorado, (the •eond Regi s trar•) or its successor to the registered owner of each Bond upon pre s entat io n thereof. Notwithstanding anything contained in th is Ord in an c e to the contra r y, interest on the Bonds sha l l be paya bl e to the person in wh ose naMe such Bond is reg is tered, a t his or her a ddress a s it a ppeara o n the re<Jistra tion books llaintain d by or on b h a ll of the City, a t t he close of busin ss on th R cord Da , such d a t ing the fifteenth (15th) day of the cal ndar month next prec d- ing the inter at p a )'lllent date, irrespect v of .any transfe r or exchange of such Bond subs quent to such R cord Dat and prior o such nter at p a )'lll nt date. Such paY!" n s h 11 b pa d b y chec k or draft of th Bond Registrar. Paying Agent and Bond Registrar. The -42 - • • • • • Section 3. Execution of Bonds. The Bonds shall be signed with the facsi•ile signature of the Mayor, sealed with a facsimile of the seal of the City, and attested by the facsimile signature of the Director of Finance, ex-officio City Clerk- Treasurer. Should any officer whose facsimile signature appears on said Bonds cease to be such officer before delivery of the Bonds to the purchaser, such facsimile signature shall neverthe- less be valid and sufficient for all purposes. Sect ion 4. rorm of Bonds. substantially the following form: • 42A - The Bonds shall be in • • • .. • . Section 1. Bond Details. By virtue of and pursuant to the Charter and the Laws of the State of ~olorado, Special Assessment Bonds of the City of Englewood for Pav · g District No. 29 shall be issued for the purpose of paying r local improve- ments constr cted in the District. The bo s shall be in the principal amo nt of $349,100, shall be August 1, 1983, and shall cons'st of 350 bonds in the nomination of $1,000 each except that Bond No. 1 shall be e denomination of $100. The Bonds shall b registered bonds without subject to payment date, in direct numerical order, n payment o par and accrued interest. Notice of such prior edemption w'll be given by the Bond Regis- trar by mailing a cop of the edemption notice by first class mail (postage prepaid) n than 30 days and not less than 15 days prior to the da t e ixed for redemption to the registered owner of each Bond to be r de med in whole at the address shown on the registration books mai ained by the Bond Registrar. Failure to give such notice by m therein, shall not affec · ng to any Bondholder, or any defect validity of any proceeding for the 11 Bonds so called for redemption the specified redemption date redemption of The each February 1 shall matur on $124 100 6 ,ooo ,000 5,000 I 35,01)0 25 ,000 25,000 Th II lC onde ah 11 b on are on deposit at the place of bear i terest payable semiannually on ' 12 186 231 266 0 301 to 32 nn -4' - nte •• February 1, 1984, and r Inter a Ra e o hie 1uu 0 I • - • • • • .. • Section 2. Paying Agent and Bond Registrar. The principal o Bonds shall be payable in lawful money of the f America at The First National Bank of Englewood, in Englewood, C lorado, (the wBond Registrarw) its successor to the registered wner of each Bond upon pr sentation thereof. Notwithstanding nything contained in is Ordinance to the the Bonds shall be ayable to the person in whose name is registered, a't his or her address as it appears on the regi ration books rna•· ntained by or on behalf of the City, at the clos of business n the Record Date, such date being the fifteenth (1 h) day of he calendar month next preced- ing the interest payme date, 1 /rrespective of any transfer or exchange of such Bond su~ equent to such Record Date and prior to such interest payment dat • Such payment shall be paid by check or draft of the Bond Regist ~r. Section 3. Exe tion of Bonds. The Bonds shall be signed with the facsimile t si nature of the Mayor, sealed with a facsimile of the seal of the signature of the Director of Treasurer. Should any officer ity, and attested by the facsimile inance, ex-officio City Clerk- ose facsimile signature appears ficer before delivery of the on said Bonds cease to be such Bonds to the purchaser, such facsi ile signature shall neverthe- less be valid and sufficient for all urposes. Section 4. Form of Bonds. The Bonds shall be in substantially the following form: I -4 2 - I • • No. R---- • • • (Form of Bond) (Front of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE PAVING DISTRICT NO. 29, SPECIAL ASSESSMENT BOND s __ _ The City of Englewood, AraJ?ahoe County, Colorado, for value received, hereby promises to ~ay out of the special fund hereinafter designated, but not otherwise, to -----------------------------------------------------' or registered assigns, the princi- pal sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, on the 1st day of August, 1994, and in like manner to pay interest on such principal amount (computed on the basis of a 360 day year or twelve 30-day months) from the interest payment date next preceding the date of registration and authenti- cation of this Bond, unless this bond is registered and authenti- cated prior to February 1, 1984, in which event this bond shall bear interest from August 1, 1983, at the rate of per centum ( ___ ,) per annum, commencing on February 1, 1984 and s emiannually thereafter on Febr u ary 1 and August 1 each year, un til s uch principal amount is paid, u nl ess this Bond shall have be e n p reviously called for redemp tion a nd payment shal l have b een d u ly made or provided for. Pr i ncipa l o f this Bond is pa y able in l awful mon e y of the United Stat es o f America at Th e Firs Nat iona l Bank of Englewood, in Eng lewo od , Co l orado , a s bon d registrar a nd p ayi ng ag e n t (t he •Bond Regis- tra r•), Thia Bond is subj ct to call and redemption in dir c num rical ord r of the ssu of wh ch it is on , on any in er at p ym nt dat , upon paym nt of par and ccrued inter st to th d t of red mption . Paymen of ach inatallm nt of interest shall b m d to th register d o wner h r o whose n me sh a l l pp ar on he r gis ra ion books of th City m in ain d by th Bo nd R gistrar at th close o business on he 15th d y o th cal ndar month n xt pr c ding he in rea paym n dat nd sh 11 b p id by ch ck or -43 - • I • • • • • draft of the Bond Reiistrar mailed to such registered owner at his or her address as it appears on such registration books o r at such other address as ll'ay be furnished in writing by such registered owner to the Bond Registrar. This Bond is issued for the purpose of paying th e costs of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary in- cidentals in Paving District No. 29,' in the City of Englewood, Colorado, by virtue of and in full conformity with the Constitu- tion and Laws of the State of Colorado, the Charter of the City, and an Ordinance of the City duly adopted, approved, published and made a law of said City prior to the issuance hereof. Payment of this Bond and the interest thereon shall be made from, and as security for such payment there is pledg e d, a special fund designated a s •pavi ng District No. 29 Bond and Interest Fund•, which Fund s hall contain initially an y mo n ies in the construction account remaining after the co s t of improv e- ments has been paid in full and thereafter to contain the proce e d s from special assessments t o be levied against the pro p erty i n - cluded within the Distri ct and s p eci ally benefited by the con- struction and i n s t all atio n of i mpro v e ments therein. The ssess- ments to be lev ied wil l c o n stitute a l i e n o n a nd ag ainst each lot or tract of land i n the r espec t i v e am o unt s to be apport ioned by an ordinance of t h City . In ad dition , i n accordan c wit h th City Char r , and the Ord i nan ce authorizing th issuance of t h is Bond , whenev r f our-fift hs (4/5) of th bonds of this issue h ve b en paid and cane 11 d, and for any reason he remaining asaeasm n a ar no paid in ti 0 tak up th re aining bonds and h in erea ther on, hen th City a hall pay a aid bonds wh n du nd he int r st du thereon and re burse ita lf by collect tng th unpaid asses en s due the D atr c • Thia ond do s no cons itu • d b 0 the c y 0 ngle wood wi h n he II ning o any cons itu ion 1 , a u ory or charter l i t on or prov a ion, nd ah 11 no conaid r d or h ld 0 b a li9 LOn 0 h Ci y. -u - • • • • .. • It is hereby certified and recited that all requirements of law have been fully complied with by the proper officers of the City in the issuance of this Bond, and that the total amount of this issue does not exceed the cost and expense of said improve- ments or any limitation prescribed by law. For the payment of this Bond and the interest thereon the City pledges all of its lawful corporate powers. REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS I BOND SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance authorizing this bond until the certificate of authen- tication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Englewood has caused this Bond to be executed in its name by the facsimile signature of the Mayor, sealed with a facsimile of the city seal, and attested by the facsimile signature of the Director of Finance, ex-o fficio City Clerk-Treasurer, all as of the 1st day of Augu st , 1983. (FACSIMILE S E A L ) ATTESTED: (Facsimile Si~nature) Director of F1nanc , ex-officio City Cl rk-Treaaurer CITY OF ENGLEWOOD, STATE OF COLORADO By: __ ~(~F~a~c~s~l~·m~~i~le~~Si~g~n~a~t~u~r~e~) __ ___ Mayor (Form of True 'a C rti ica e of Authen icat on] CERTIFICAT OF AUTHENTICATIO This Bond is on of th Bonds of th issu d scrib d 1n the within m nt on d Bond Ordin nee . D and THE FIRST NATIONAL BANK OF ENGL WOOD , as Bond R 9 a rar -.tS - • • • • (Back of Bond) ADDITIONAL PROVISIONS When the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Bond Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 30 days and not less than 15 days prior to the date fixed for redemption to the regis- tered owner of each Bond to be redeemed at the address shown on the registtation books maintained by the Bond Registrar. Failure to give such notice by mailing to any Bondholder, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. If the date for payment of the principal of or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the corporate trust office of the Bond Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the s me force and effect as if made on the nominal date of payment. Th Bonds are issuable only in the form of registered bonds with out coupons in the denomination of $1,000 each. The Iaauer and the Bond R giatr r sh ll not b r quir d (a) to issue or transfer ny Bonda during p riod b ginn ng a the op n ng of bus in a on the fift nth (15th) d y of th calendar month n x prec d1ng ny in r st paym nt dat or during th period b gtnning on any da o a 1 ction of Bonds to b redeem d and nd ng a he cloe of busin as on th interes paymen d t or day on which h pplicable notice of red p ion is given or -4 I • • • • • • (b) to transfer any Bonds selected or called for redemption in whole or in part. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and inter- est due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. The Bond is transferable by • the registered owner hereof in person or by his or her attorney duly authorized in writing, at the principal office of the Bond Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancella- tion of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and o f authoriz e d denomination or denomination s , f or the same aggregat e prin c ipal am o unt, will be issued to the trans- feree i n exchange therefor. Bo nds may be transferred upon the regi s tration books upon deliver y t o the Bond Regi s trar of the Bond s , accompanied by a wr i tten i n s trument or in s trument s of tran s fer in form and with g ua ra nty o f signature s atisfacto ry t o the Ci y and the Bond Reg is trar, d ul y executed by the owner o f the Bo nd s to be transferred o r h is atto rney-i n-fact or legal represe ntative, containing written i n st ru ct ions as to the details of the tran s fer of s uch Bo nd s , al o ng with the social security n um ber o r fed er a l em p loy er ide n tificatio n number of such tran s- fer e a n d , if such transf r e is a t r ust , the name and social secur1ty number of the settlor of th p r oposed t r ansfe r ee . In all cas a of th transfer of a Bond , the Bond Regis ra r shall enter th transf r o own rahip 1n he regia ration books and shall authenticate and d liv r in h n e of th tran f re or tr n - fere a n w fully r gister d Bond n th sam denomination of the same maturity, a qu nt ial number , nd inte r est rate for th pr ncipal mount wh ch th r 1st r d o wner ia nti 1 d to r c iv a th prac ic bl ime. The City shall p y for any tr ns ee requir d by he ond Registrar r lating to th~ -47 - • I • • • • • • transfer of the Bond or Bonds. The sequential numbers shall remain the same (i.e. R-1 will be reissued as R-1A, then R-1B, etc.) following each transfer of ownership and all bonds shall be issued only in the denominations of $1,000 each. (Form of Transfer) ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto ------------------------------------------- PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (Nam e and Address of Assignee) the within Bond and does hereby i rrevocably constitute and appo i nt The First National Bank of Englewood or its succe s sor a s Bo nd Regi s trar to transfer the said Bond on the books kept for reg is- tration thereof wi t h full power of subs titut i on i n the prem ises . Dated: __________________________________ __ Signa tu r e g u arant eed : (Bank, Trust Co pany of Firm) NOTICE: Th sign tur to this must correspond with th name register d o wn r s it app ara upon he ace o the within Bond in v ry par cul r , w thout altera ion or en- large nt or ny change wh tever. -48 - • • • .. • Section 5. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate of Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registar's certifi- cate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Delivery of Bonds. Upon the execution and delivery of this Ordinance, the City shall execute and deliver to the Bond Registrar, and the Bond Registrar shall authenticate the Bonds and deliver them to the purchasers thereof as directed by the City. Section 7. Registration and Transfer of Bonds; Persons Treated as Owners. (a) The Bond Registrar shall maintain the books of the City for the registration of ownership of each Bond as provided in this Resolution. The Bond Registrar sh all accept a Bond for registration of ownership only if ownersh p thereof is to b registered in the name of an individual, a corporation, a partn rship or trust, and only upon r ceipt of the name and ddress of ach owner, the social security numb r of each indivi- dual, th ax iden ification nu b r of ch corpor tion, partn r- ahip or truat and the aoc 1al security nu b ra of the set lor and benet ciariea of e ch true • (b) Bonds May b tran f rr d upon the r g1strat on books upon d livery o the onda o th Bond R g1a rar, accompanied by wr tten ina ru en or ina rum nta o tranafer n for and wi h gu ran y o aigna ure at afactor y o the City and h Bond -4 • I • • • • Registrar, duly executed by the owner of the Bonds to be trans- ferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security number of the settlor of the proposed transferee. In the event that a Bond is to be registered in the name of a nominee, the requisite information shall be provided for the principal rather than such nominee. No transfer of any Bond shall be effective until entered on the registration books. (c) In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registra- tion books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond in the denominat ion of $1,000, of the same maturity, sequential number and interest rate, which the registered owner is ent1tled to receive at the earliest practicable time in accordance w1 th h provisions of this Ordinance. Ther e shall b no transfer f charged by the Bond Registrar f or such transfer. (d) The City and Bond Reg str r shall not b r qua d (i) to issue or transfer any Bonds during a period b g1nning the close of business on the fifteent h (15th ) day of th cal ndar month next preceding either any int rest paym nt date or any da of selection of Bond s to b e r d em d and ending at th clos of business on the interest payment d t or day on which th applic- bl notice of red mption is giv n, or (ii) to tr nsfer any onds selected or called for r d mption in whol or in p r • (e) N w Bonds d 1 v red upon any trans! r shall b val d special obligations o th City, vid nc ng th sam debt as th Bonds sur rend r d, shall be secured by th ia Ordinance and shall b d o 11 o he securi y nd b ne!its hereo to the sam xten aa th Bonds surr n er d. -50 - I • • • • • • (f) The City, Bond Registrar and any additional paying agent or bond registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and any notice to the contrary shall not be binding upon the City or the Bond Registrar. Section 8. Destruction of Bonds. Whenever any Bond shall be delivered to the Bond Registrar for cancellation pursuant to this Ordinance and upon payment of the principal amount and interest represented thereby or for transf r, such Bond shall be cancelled and destroyed by the Bond Registrar and counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar to the City. Section 9. Disposition of Bond Proceeds. The proceeds of the bonds shall be applied only to pay the costs and expenses of constructing and installi ng improvements in said District and all other costs and expenses incident thereto. In the event that all of the proceeds of the bonds are not required to pay such costs and expenses, any remaining amount shall be paid into the special assessment fund for the purpose of calling in and paying the principal of and interest on the bonds. Neither the pur- chasers of the bonds nor any subsequent holder of the same shall b responsible for the application of the proceeds of the bonds by the City or any of its officers. All or any portion of the bond proceeds may be t mporarily invested or reinvested, pending such use, in securi- ties or obligations which are lawful investments for such munici- p liti a in th Stat of Color do. It is hereby covenanted and agreed by the C ty hat the t mporary inv stment or r inv stm nt of the bond proce ds, or ny portion th r of, ahall b of such nature and xt nt, and for such period, that th bonds of the City sh 11 not b com "arbitrage bonds" within the aning of Section l03(c) o th In ernal Rev nu Cod of 1954, as m nded, and pertinent regul ons , and such proc ds, 1 ao inv ted or -51 - • I • • • • • • reinvested, shall be subject to the limitations and restrictions of said Section 103(c), and pertinent regulations as the same now exists or may later be amended. Section 10. Paving District No. 29 Bond and Interest Fund. The bonds and the interest thereon shall be payable solely from the local improvement fund, designated as the "Paving District No. 29 Bond and Interest Fund", which shall contain initially any monies in the construction account remaining after the cost of improvements has been paid in full and there- after to contain the proceeds from special assessments to be levied against the property within the District and specially benefited by the construction of improvements therein. When there is on hand a sufficient amount to pay six months' interest on outstanding bonds for the District, the City shall call for payment, on the next interest payment date, outstanding bonds in direct numerical order with funds available therefor. After the expiration of the period for cash pay- ments of assessments in full, the City shall, to the extent possible, pay each year not less than 10\ of the total amount of bonds outstanding after the payment of the bonds with the proceed s of such cash payments of assessments in full. Section 11. Additional Security for the Payment of Principal and Interest. In addition, in accordance with the City Char te r, whenever f o ur-f i f th s (4 /5) of the bond s of th is issue h av e b e e n pa i d and c ance ll e d, and fo r a ny reason t h e re- maining a ssessments are not pa id in time to take up t h e remaining bonds and th interest th reo n, t h en the City shall pay s a id bonds when due nd th int rest due ther o n nd reimburse its lf by collecting th unpaid assessments due th district. Section 12 . Assessm nt of Costs . Th City Council cov nants that upon completion of local i mprov me n ta , or upon completion from tim o tim of any p rt thereof , nd upon c- c pt nc thereof by th Council , or wh nev r the total co t c n b -52 - • ) I • - - , • • • definitely ascertained, it will cause a statement showing the total cost of the improvements to be prepared and filed in the office of the Director of Finance. The City Council shall further cause assessments to be levied against the property included within the special improvement district and specially benefited by the construction and installation of such improvements, in ac- cordance with law and the Charter of the City. Section 13. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 14. Repealer. All Ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 15. Ordinance Irrepealable. After said bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satisfied and discharged. Section 16. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Tuesday, July 5, 1983. Section 17. Publication and Effective Date. This Ordinance after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by th signature of the Mayor and the Director of Finance, ex-officio City Clerk-Tr asurer, and by th Certificate of Publication. This -53 - • • • • • ordinance shall become effective thirty (30 days after publica- tion following final passage. Introduced, read in full, and passed on first reading on the 20th day of June, 1983. Published as a Bill for an Ordinance on the 22n d day of June, 1983. Euqene L. Ot~s, 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 fore- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of June, 1983. Gary R. H~gbe -54 - • • • • 'Jf/ ORDINANCE NO. BY AUTHORITY COUNCIL BILL NO, 36 INTRODUCED~OU~CIL MEMBER ----~~~=...:==:::...__ SERIES OF 1983 A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, C04Q~, IN THE TOTAL PRINCIPAL AMOUNT OF<{2, 320 ·~ FOR THE PURPOSE OF REFUND- ING VALID AND OUTSTANDING USE TAX REVENUE BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE MUNICIPAL USE TAX; PROVIDING FOR THE ESTAB- LISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT OF THE BONDS TO BE REFUNDED; AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH. WHEREAS, the City Council has, by Ordinance No. 59, Series 1981, finally passed and adopted on August 3, 1981, autho- rized the issuance of Use Tax Revenue Bonds, Series 1981A, da ted September 1, 1981, in the principal amount of $46 5 ,000, and Use Tax Revenue Bonds, Series 1981B, dated September 1, 1981, in th e principal amount of $1,750,000 for the purpose of con s tructing improvements to the municipal golf course and in s ta l l i ng impro v e- ments to the municipal sanitary sewer system; and WHEREAS, there are presently out s tand i ng, bo nd s in the total amount o f $2,135,000, c on si sting of $4 50 ,00 0 of the Seri s 1981 A Bond s , and $1 , 68 5 ,000 of the Series 1981 B Bonds ( collec- ti v ely the •outs tandi ng Bon d s •); and WH ERE AS , th Ou standing Bonds b ar int r st fro date o •atur ity, payabl s m1-annuaUy on May 1 and Nov b r 1 each y ar, and •a ure a rhlly on Nov ber 1 ach year, aa fol- lows! -14 -I • • • • • Series Interest Series Interest Maturit:( 1981A Rate 1981B Rate 1983 30,000 12.00% $120,000 12.00% 1984 35,000 12.00% 130,000 12.00% 1985 40,000 12.00% 145,000 12.00% 1986 45,000 12.00% 165,000 12.00% 1987 45,000 10.50% $180,000 10.5 0% 1988 55,000 10.25% 200,000 10.25% 1989 60,000 10.50% 225,000 10.50% 1990 65,000 10.75% 245,000 10.75% 1991 75,000 11.00% 275,000 11.00% The net effective interest rate of the Ser i e s 1 981A Bonds is 10.92% per annum, and the Series 1981B Bonds is 10 .9 2 per annum; and WHEREAS, the bonds o f each Series maturing on or b efore November 1, 1986, are not redeemable pr i or to their respec t i v e maturity dates; bond s ma t uring o n No vember 1, 1987, and there- after, are redeemable at th e opt ion o f t he C ity on No v e mb er 1 , 1986, and on any int e re s t p a y men t da t e t hereaf t er, in inverse ( numerical order, upon paymen t o f pa r , accrued int e r est and a premium of 1% of the princ i pa l am o unt thereof ; and • WHEREAS, the Out s tand i ng Bond s were iss ued i n a cco r da n ce with the Constitution and laws of t he S t a te of Color ad o , partic- ularly the provi s ion s of Titl 2 9, Ar:ticle 2 , Sec t ion 11 1, Colo- rado Revi s ed Statu tes 19 73 , as a me n ded , and the City Char:t r , relating to s ale s a nd use x revenue bonds, and pu r suant to an o rd i nanc e d uly ado p ted and approv d prior o th issuance thereof; and WHEREAS , the Outs and1n9 Bonds are payable from the proce da from a municipal ua tax apoa d and collec d by h City n accordance wi h h Ci y Char r1 and WHEREAS, the Ci y Councll has pr Vlously a signific n savings tn otal pnnc1pal and int result by th iasuanc o r unding bonds for r funding he Ou standing nda, and -15 - d t r a th rmined ha cost uld purpoa of I • • • - WHEREAS, Section 106 of the City Charter provide s t hat the City Council may authorize the issuance of refunding bond s b y ordinance, without an election, for the purpose of pay i ng o ut- standing bonds of the City: and WHEREAS, the City Council has, by resolution pas s ed and adopted on June 6, 1983, provided for the publication of a notice of sale of refunding bonds to be issued by the City: and WHEREAS, pursuant to said notice of sale, bids were received on June 20, 1983 for the refunding bonds, and the City Council has previously determined to award the contract f o r the purchase of said bonds to '1~~'\...t./V ~ -.1 ~f(} ~ ------------------' the best bidder therefor: and WHEREAS, the refunding bonds shall be payabl e f r om the proceeds from the imposition and collect ion o f the municipal u s e t ax of the C i ty and shall have a f i rst and pr io r lien on such pledged revenues: and WHEREAS, it is n ecessa r y t o pro v i d e for t h e for m of said bonds and t he payment ther efor , a nd t o provi de f o r t he p a yment of the bonds to be refunded: BE IT ORDAINED BY THE C ITY COUNCIL OF TH E CITY OF ENGLEWOOD, COLORADO: S e c t i on 1. Auth o r i z atio n. Th a t for th e purpose of ref u n di ng valid and outstand i ng use ax r e v e nue bond s of he City , t h e r e a r e here by author i zed use T ax Refu nd i ng Re v enu Bonds, Se r ies 19 83 , of t he Ci t y , in the p r i n cipal a mou n t of $2 ,320,ooo a,301S',O«< ( •series 198 3 Bo nd s o r Bonds "). The principa l thereo nd he interest thereon shall be payable solely and only ou of he proc _da o the municipal us tax u horiz d pursuan to S ction 13-4 -1 4 of the Municipal Cod City, and he special fund or funds describ d in this Ordinanc S ction 2. Bond 0 tall a. That th Seri s 1983 Bonds shall b i sued only as fully r gist r d Bonds without coupons in he d nomin tion of $5 ,000 ach or ny in gral mul ipl h r o • Unl sa th Ci y shall o h rwiae direct, he regia end bonds ah 11 b d s para ely fro 1 upward, wi h h nu b r o ch bond prec d d by "R-". -1 I • • • • The bonds shall be dated August 1, 1983, and bear interest from date to maturity, payable on November 1, 1983, and semiannually thereafter on the 1st day of May and the 1st day of November each year, and mature serially on November 1, as follows: Amount Maturity Interest Rate $ 45,000 1984 to . .so 75,000 1985 10 · 50 100,000 1986 f0 .60 150,000 1987 //). 50 200,000 1988 1] . .$'0 $225,000 1989 "B so 275,000 1990 g .-?S 350,000 1991 3.7.S 400,000 1992 t}.I O 500,000 5D5,ct~o 1993 CJ . z5" The net effective interest rate of the Series 1983 Bonds is<1.tM 63 , per annum. The Bonds maturing on or before November 1, 1986, shall ( not be redeemable prior to their respective maturity dates. Bonds maturing on November 1, 1987, and thereafter, shall be redeemabl e at the option of the City, as a whole or in integral multiple s of $5,000, in inverse ord r of their maturity, o n Novemb r 1, 1986, and on any interest payment date thereafter, upon payment of par , accrued interest and a premium of 1 of th principal amount thereof. If 1 as than all of th Bonds wit hln a ma urity da e are to be redeemed on any pr1or r demption d te , the Bonds o be redeemed shall be ael c d by lot, in such manner as the Bond Registrar shall d t r•1n , prov1d d ha such a 1 ction ahall not hav an dverae ftec upon h ab1l1 y o! h C1 y o pay principal of he onda outa n ing. Th Bonda hall only in int gral •ul 1pl a of $5,000. In the v nt a Bond d no ina 10n larger han 5, 000, a por ion of such Bond may b r de • d , bu only h princ pal a oun o $5,000 o any nt gral uch ond shall b d or h purpoa a o divid1n ion •• h p 1nc1 al un o nu r o eonda auch onda by -t7 - ro • • • • In the event any of the Bonds or portions thereof (which shall be in amounts equal to $5,000 or any integral multip le thereof) are called fo r redemption as aforesaid, not ice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Bond Registrar by mailing a copy of the redempt ion notice by first class mail (postage prepaid) not more than 30 day s and not less than 15 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the registration books maintained by the Bond Registrar. Failure to give such notice by mail ing to any Bondholder, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bond s . Al l Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. If the date for payment of the principal of, premium, if any, or interes on the Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the corporate trust office of the Bond Registrar is located are authorized by law or executive order to close , then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions ar authorized to close , and payment on such date shall have h sam force and effect as if made on the normal date of paym nt. S ct on 3. principal of 1 w ul Bank o Paying Agent and The , if any, on the Bonds shall b pay bl in d Sta ea of AM rica at Th Pira Na ional nd R gia rar•) or ta aucc aaor to h r d own r o ach Bond upon pr a n- tation th reo • otwitha and1ng nything contained in th1a Ordinanc to h con rary, n erea h nda shall be payabl to h p raon in whoa n auch ond h a or h r ddr •• •• • p era on h g a r on n ain d by or - t I • • • • • on behalf of the City, at the close of business on the Record Date, such date being the fifteenth (15th) day of the calendar month next preceding the interest payment date, irrespective of any transfer or exchange of such Bond subsequent to such Record Date and prior to such interest payment date. Such payment shall be paid by check or draft of the Bond Registerar. Section 4. Form and Execution of Bonds. The Bonds shall be signed with the facsimile signature of the Mayor of the City, attested and countersigned by the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer, and sealed with a facsimile of the official seal of the City. When issued as aforesaid as part of said Bonds, such interest coupons shall be the binding obligations of the City according to their import. Should any officer whose facsimile signature appears on said Bonds cease to be such officer before delivery of the Bonds to the purchaser, such facsimile signature shall nevertheless be valid and sufficient for all purposes. The Bonds shall be in substantially the following form: -1 I • • • • • (Form of Bond) (Front of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD USE TAX REFUNDING REVENUE BOND, SERIES 1983 No. $5,000 The City of Englewood, in the County of Arapahoe and state of Colorado, for value received, hereby promises to pay out of the special funds hereinafter designated but not otherwise, to or regis- tered assigns, on November 1, 19 __ , the principal sum of Dollars ($ ____ _ and in like manner to pay interest on such principal amount (computed on the basis of a 360 day year or twelve 30-day months) from the interest payment date next preceding the date of registration and authentication of this Bond, unless this Bond is registered and authenticated prior to November 1, 1983, in whi ch event this Bond shall bear interest from August 1, 1983, at the rate of------- per centum ---') per annum, commencing on November 1, 1983 and semiannually thereafter on May 1 and November 1 each year, until such principal amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been duly made or provided for. Both principal of and prem1um, if any, on th1s Bond are payable in lawful money of the United States of America at Th First National B nk of Englewood, in Englewood, Color do, as bond registrar nd paying agent (th •eond Regia rar•). Paym nt o ach installment of int rea to the regia red o wn r hereof whoa nam s ah 11 app ar on the r g1atration books of h Ci y maint in d by th Bond R giatra a th cloa of buain aa on he 15 h day of th cal ndar mon h n x prec ding h inte at paym n da and shall b p id by check or -20 - • I . • • • draft of the Bond Registrar mailed to such registered owner at his or her address as it appears on such registration books or at such other address as may be furnished in writing by such registered owner to the Bond Registrar. Bonds of this issue maturing on or after November 1, 1987 are subject to prior redemption as more fully set forth on the reverse side of this Bond. This Bond is one of a series aggregating Dollars ($ par value, all of like date, tenor, and effect except as to number, principal amount and date of maturity, issued by the City of Englewood, Colorado, for the purpose of refunding valid and outstanding use tax revenue bonds of the City, under the authority of and in full conformity with the Constitution and Laws of the State of Colorado, partic- ularly Title 11, Article 56, Part 1, Colorado Revised Statutes 1973, as amended, the Charter of the City, and pursuant to Ordi- nance No. ___ , Series of 1983, of the City duly passed and adopted prior to the issuance of this Bond. It is hereby certified and recited that all of the requirements of law have been fully complied with by the proper officers in issuing this Bond. Pursuant to Section 11-56-107(6) of said Article 56, such recital shall conclusively impart full compliance wi th all of the prov i- sions of said Articl e , and this Bond issued co ntaining such recital is inconte st able for any caus whatso ver after its delivery for valu • Bot h th principal of nd int res on this Bond ar p y ble sol ly out of th •city of Engl wood ua Tax R fundtng R venue Bond Pund Seri a 1983•, or 1 nee aaary , ro. he •ci yo ngl od Ua Tax Re unding R v nu Bond R aerv Pund•, in o wh ch p cial funds the C ty haa cov nan d to pro- c eda of a mun cipal use tax i d nd City, unda auf cien or h paym n o p on the bonda ot h a a o which hia 1 on nd to cr and n ain a reaaon ble 1 rv und, ( h •p1 d v nu a•) 11 I - • Q I • • • - as more particularly set forth in the ordinance authorizing the issuance of this Bond. The Series 1983 Bonds constitute a first and prior lien on the special funds referred to above (although not an exclusive such lien). Bonds in addition to the series of which this is one, subject to expressed conditions, may be issued and made payable from the Pledged Revenues having a lien thereon subordinate and junior to the lien, or, subject to other addi- tional expressed conditions, having a lien thereon on a parity with the lien of the bonds of the series of which this is one, in accordance with the provisions of the Ordinance authorizing this Bond. This Bond does not constitute a debt of the City of Englewood within the meaning of any constitutional, statutory or charter limitation or provision, and shall not be considered or held to be a general obligation of the City. The holder of this Bond may not look to any general or other fund of the City for the payment of the principal of or interest on this obliga- tion, except the special funds referred to above. It is hereby certified, recited and warrant ell that for the payment of this Bond, the City has created and will maintain the special funds and will deposit therein, out of the revenues of the municipal use tax, the amounts and revenue specified in said Ordinance, and out of said special funds, and as an irrevocabl ch rge ther on, will pay this Bond and th inter st thereon, in th manner provid d by said Ordinanc • I is furth r r cit d and certifi d that all requir - ents of law nd all condi ions prec dent hav be n fully compli d with by he pro r o 1c rs o! th City in h iuuance of hu on • Por h p h • nd her on, th CltY 0 TH • • • • • This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance authorizing this Bond until the certificate of authen- tication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City has caused this Bond to be executed in its name by the facsimile signature of the Mayor, sealed with a facsimile of the seal of the City, and attested by the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer, all as of the 1st day of August, 1983. (FACSIMILE S E A L ) ATTESTED: (Facsimile Signature) Director of Finance ex-officio City Clerk-Treasurer CITY OF ENGLEWOOD, COLORADO By: __ ~(~F~a~c~s~im~i~le~~S~iAg~n~a~t~u~r~e~) __ ___ Mayor (Form of Bond R gistrar's Ce r tificate of Authent ication] CERTIFICATE OF AUTHENTICATION Th1a Bond ia one of th Bonds ot th isau d scrib d in th within ention d Bond Ord nance. Oat of R gistration and Au hentica ion: -23 - IRST ATIONAL BAN OF E GLE aa Bond R gia rar y • o, I • • • • (Back of Bond) ADDITIONAL PROVISIONS Bonds of the issue of which this Bond is one maturing on and after November 1, 1987 are subject to redemption prior to maturity, at the option of the City, as a whole or in integral multiples of $5,000, in inverse order of their maturity, on November 1, 1986, and on any interest payment date thereafter, upon payment of par and accrued interest plus a premium of 1% of the principal amount so redeemed. If less than all of the Bonds within a matur1ty date are to be redeemed on any prior redemption date, the Bonds t o be redeemed shall be selected by lot, in such manner as the Bond Registrar shall determine, provided that such selection shall not have an adverse effect upon the ability of the City to pay t he principal of the Bonds o utstanding. The Bonds shall be redeemed only in integral multipl es of $5,000. In the event a Bond i s of a denomination larger than $5,000, a portion of such Bond ma y be redeemed, but only in the pr1ncipal amount of $5,000 or an y integral multiple thereof. Such Bond shall be treated for the purposes of redemption a s that number of Bonds which result fro m dividing the principal am o unt of such Bonds by $5,000. In the even t a ny o f the Bonds or portio n s th e r eo f (which sh a ll be in amoun ts e q ual to $5 ,000 o r an y integra l mul iple h e r eo f ) are called for r e d mpt ion a s afo r es a i d, notice thereof iden ify 1ng t h Bo nd s or por 1 o n s t h reof to be redeemed wlll be given by the Bond Reg1strar by ailing a copy of he redemp ion no 1c by first class a1l (pos ag pr p 1d) no more han 30 day and no 1 ss han 15 day a pr1or o the da ix d for r de ption r gister d o wner of e ch ond o b whol or in part a the addr ss shown on he regiatrat1on books m intained by h Bond Regi rar. Failor o g1ve r.uch no 1c by mailing to ny Bondhold r , or ny d c r 1n, a hall no h v lid y of any proc ding or h o h r nds. All Bo nds so call d or r de p lOn W111 c • 0 b a he • Cl 1 d da p ovld d unda or h on r on d poa • h pl 0 • ha •• -24 - • I • • • • If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the corporate trust office of the Bond Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal hol i day or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Bonds are issuable only in the form of registered bonds without coupons in the denomination of $5,000 each or any integral multiple thereof. The Issuer and the Bond Regi strar shall not be required (a) to issue or transfer any Bonds during a period beginning at the opening of business on the fifteenth (15th) day of the calendar month next preceding any interest payment date or during the period beginning on any date of selec- tion of Bonds to be redeemed and ending at the close of business on the interest payment date or day on which the applicable notice of redemption is given or (b) to transfer any Bonds selected or called for redemption in whole or in part. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner h reof (wh ether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other pur- poses, and neither the City nor the Bond Reg1s rar shall be affected by any notice to the contrary. The Bond i transf rabl by th r giater d owner hereof 1n person or by his or h r a orney duly authoriz d in writing, t th princip l office of the Bond R gls rar, but only in the m nner, subject to the limi tiona and upon paym nt of the charges pro- vid d in th Bond Ordinanc , and upon aurr nd r and c nc lla ion of his Bond. Upon such trans r a n w Bond or Bonds of th sam -25 - • I • • • • maturity or maturities and of authorized denomination or denomina- tions, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Bond Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the City and the Bond Registrar, duly executed by the owner of the Bonds to be transferred or his or her attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security number of the settlor of the proposed transferee. In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or trans- ferees a new fully registered Bond or Bonds of authorized denomi- nations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable t1me. The City shall pay for any transfer fee required by the Bond Registrar relating to the transfer of the Bond or Bond • - 2 • I . • • • (Form of Transfer) ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto ------------------------------------------ PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (Name and Addres s of Assignee) the within Bond and does hereby irrevocably constitute and appoint The First National Bank of Englewood or its successor as Bond Registrar to transfer the said Bond on the books kept for regis- tration thereof with full power of substitution in the premises. Dated: __________________________________ _ Signature guarant ed: (Bank, Tru st Co pany o( Firm) -27 - auign en of the ar1 upon the in ev ry ra ion or n- wha ver. • • • .. - Section 5. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate of Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registar's certifi- cate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but i t shall not be necessary that the same officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Delivery of Bonds. Upon the execution and delivery of this Ordinance, the City shall execute and deliver to the Bond Registrar, and the Bond Registrar shall authenticate the Bonds and deliver them to the purchasers thereof as directed by the City. Section 7. Registration and Transfer of Bonds; Person s Treated as Owners. (a) Th e Bond Registrar shall maintain the books of the City f o r t h e regis trat ion of ownership of each Bond as provided in thi s Ord inance . Th e Bond Registrar shall accept a Bond f o r registrat i on of o wn ersh l p o n ly i f o wnership thereof is t o be reg ist e r ed in he name of a n 1 ndi v i dual, a c o rpora ion, a partner sh i p o r a rust , and only u p o n r ecei pt o f the name and addre ss of e ch o wn er , he soc1al s curity n umber o f e ach indiv i- dual, t h t x 1d n 1f1catio n number of each co rporat1o n, pa r n e r- ship o r trua b n eficiari a (b) upon dellv ry writt n natr nd h 0 ach Bond s of h nt 0 s ocial s curi y nu b rs o f the se tlor a nd tru s • ay b r nsf rr d upon h registration books Bo nd s o th Bond Registrar , accompan1ed by 1ns ruments of ran r in fo r and with gu a r a n y of a gna ur s a tsf c ory o h City and h Bon d -28 - • I • • • • • Registrar, duly executed by the owner of the Bonds to be trans- ferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security number of the settlor of the proposed transferee. In the event that a Bond is to be registered in the name of a nominee, the requisite information shall be provided for the principal rather than such nominee. No transfer of any Bond shall be effective until entered on the registration books. (c) In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the registra- tion books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bond s of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. There shall be no trans- fer fee charged by the Bond Registrar for such transfer. (d) The City and Bond R gistrar shall not be required ( i) to issue or transfer any Bonds during a period beginning at the clos of business on the fifteenth (15th) day of the calendar month nex prec ding either any interest payment date or any date of selection of Bonds to be red em d and ending at the close of business on the 1nterest payment date or day on which the applic- able no ic of r dempt1on 1s g1ven, or (11) to transfer any Bonds s 1 ct d or call d for r d mption in whole or in p rt. (e) New Bonds d l1v r d upon any transfer sh valid special obl 9 ions o he City , v1d ncing th s bt as h Bonds surr nd red, shall b secur d by this Ordin nc and shall b en i 1 d o 11 of th aecuri y and b n 1ts h r of to the s x en a he Bonds surrender d. - 2 • I • ( • • - (f) The City, Bond Registrar and any additional paying agent or bond registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and any notice to the contrary shall not be binding upon the City or the Bond Registrar. Section 8. Destruction of Bonds. Whenever any Bond shall be delivered to the Bond Registrar for cancellation pursuant to this Ordinance and upon payment of the principal amount, premium, if any, applicable thereto and interest represented thereby or for transfer, such Bond shall be cancelled and des- troyed by the Bond Registrar and counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar to the City. Section 9. Disposition of Bond Proceeds. Said Bonds, when executed as provided by law, shall be delivered to the Purchaser thereof in accordance with its contract of purchase, and the proceeds derived therefrom shall be used exclusively for the purposes stated herein; PROVIDED, HOWEVER, that the bond proceeds shall be temporarily invested, pending such use, in the securities or obligations hereinafter described. It is hereby covenanted and agreed that the temporary investment or reinvestment of the original proceeds of the bonds and proceeds of the Outstanding Bonds, if any, which may be or becom transferred proceeds of the bonds, or the proper port1on shall b of such nature and extent, and for such period, warb itrage bondsw Wlthin h bonds shall not be or become an1ng of Section 103(c) of the Internal Revenue Code of 1954, as ended, and pertinen regula- tiona, rulings nd decisions, and such proce ds, wh n so invested or reinvest d shall be subJ c o the 11•i a ions and rea r1ctions o said s ction 103(c), and rtin n r gulat ons, rulings and d cisions, as the s me now xia a or may lat r be nded. N ith r th Purch s r o aaid bonds nor th hold r of any of th ah 11 be in ny way r aponaibl for h applica 1on of th proc da of he bonds by h C y or any o i a officers. 0 - • I • • • • Section 10. Three Percent Municipal Use Tax. Section 13-4-14 of the Municipal Code provides for a use tax upon the privilege of storing, using or consuming within the bondaries of the City of Englewood, any articles of tangible personal property purchased at retail from sources outside the corporate limits of the City, as more particularly set forth and limited in the Code. Section 13-4-35 provides that the use tax portion of the municipal sales and use tax shall be deposited to a separate capital im- provement account and used for capital improvement purposes. The use taxes collected and deposited to the capital improvement account shall be placed in a sub-account within the capital improvement account, and kept separate and apart from other funds of the City and shall be identifiable at all times. Section 11. Payment of Principal and Interest. The use taxes imposed and collected by the City and deposited to the capital improvement account and sub-account (the "pledged reve- nues") shall be used only in the following manner and order: A. Bond Funds. There is hereby established the "City of Englewood Use Tax Refunding Revenue Bond Fund Series 1983" (the "1983 Bond Fund•): covenan s to deposit, from the pledged revenue s the following ounts: (i) Monthly, beginning on or b fore December 1, 1983, and on or b fore the ls day of each month there- after, one-w lfth ( 1/12) of th principal oun becoming du on the nex princtpal paymen da e. ( ii) Month ly , beg inning on or b for and on or b fore he ls day of a r, one a ixth (1/6) of h in and payabl on h n xt in rea July 1, 1983 , ach month ther - oun du paym n da provid d, how v r, tha the paym n on July 1, 1983 ah all b qual to on-hird (1/3) of the 1nt r a oun du on Nov 1, 1983. l - • I . • • • (iii) If additional bonds are authorized and issued at a later date, which are payable from the pledged revenues, and which have a lien on such revenues and the 1983 Bond Fund on a parity with the lien of the Series 1983 Bonds, then payments may be made to the Bond and Interest Fund for such additional parity lien bonds concurrently with the payments for the bonds authorized by this ordi- nance. B. Bond Reserve Fund. The City shall deposit, from the pledged revenues, the amounts required to be deposited to the Reserve Fund, as more particularly described in the following Section. Payments shall be made annually to the Reserve Fund in the amount of $30,000, on or before December 1, in each of the years 1983 to 1986, inclusive, until the required total amount has been deposited therein. If additional parity lien bonds are authorized and issued, then deposits may be made to a reserve fund as addit ional security for such bonds, concurrently with the payments to the reserve fund for the Series 1983 Bonds. (C) Other Purpos s. After making the payments required by subparagraphs (A) and (B) above, any remaining pledged revenues from the municipal use tax shall be used for the payment of th principal of and interest on any additional use tax revenue bonds having a lien wh ich is subordinate to the lien of the Series 1983 Bonds, and for a reserve fund as additional security for the paym nt of such subordinate lien bonds, or for th payment of any c pital improv m nts of the C1 y, as th City Council m y fro time o ti e de ermin • In th ha any other funds of th City may 1 wfully ava1labl th City may pply auch fund paymen of princ1pal and int rest, or aa d purpose. -32 - he I • • • - Secti on 12 . Reserve Fu nd. There is hereby creat e d the "City of Eng le wood Use Ta x Refunding Revenue Bond Rese r v e Fund", (the "Res e rve Fund •), f or the purpose, if necessary, of paying the princ i pal of and interest on the Series 1983 Bond s . (a) The Reserve Fu nd shall be established in the tot a l amount of $300,000, by the transfer of the amount of $180,000, which is presently on deposit in the "City of Englewood Use T ax Revenue Bond Reserve Fund", created as additional security for t h e Outstanding Bonds. The balance necessary to fund the 1983 Re serve Fund shall be accumulated by the depos it annually of $30,0 00 o n o r before the 1st day of December in each of the year s 1983 to 1986, inclusive, until the required amount has been accumulated. The 1983 Reserve Fund shall be maintained in the required total am oun t until such time as the amount will be su ff i cient t o pay al l o f the bonds which are then outstand i ng, and the interes t thereon, at which time such mo nies may be applied to redeem and pa y the Outstanding Bonds or to pay t he same at their normal matur it y date. If money in the 198 3 Reserve Fund is used to prevent a default in the payment of the principal of or interest on the Series 1983 Bonds, then such amount s shall be restored to the 1983 Reserve Fund as soon thereaft e r a s possible. Monies held i n the 198 3 Re s erve Fund may be invested o r deposited as may be dire c ted b y th e C ity Council and in a cco rdan ce wit h the Charter o t he Ci ty and th e laws o f the State o f Co lorado r e lat i ng t o the d posit o r in v es tme nt o f s uch fund and mon ies . T he i nv s tm e n t of th 198 3 Reserve Fu nd am o un t sha ll , howe v er, be su b ject to the cov nants nd provisions of Section 4 h reof. Th ount of th arninga from such nt or d posi a may b appli d o ward h next paym nt r qua d to b mad o th 83 R serv Fund. When th R serve Fund haa b en ace ula d 1n h total a mount of $300,000, ny dd1 ional 1nt rea arn1ngs shall b d posit d to h 1983 Bond Fund. 5 ct1on 13. Th Ci y hereby irrev oc bly cov nanta and very hold r of th bonds , tha ao lon9 s ny o aa1d bonds r main ou a andin9: • I • • • • (a) It will not amend or repeal Title 13, Chapter 4 of the Municipal Code relating to the municipal sales and use tax by decreasing the use tax rate of 3%, or in any way that would adversely affect the amount of use tax revenues which would otherwise be collected. However, nothing shall prevent the City from amending or repealing Title 13, Chapter 4 in order to make certain changes in the administration, collection or enforcement of such use taxes, provided that such changes are advantageous to the City and would not adversely affect the bondholders. (b) It will administer, enforce and collect, or cause to be administered, enforced and collected, the use tax authorized by Title 13 of the Municipal Code, and shall take such necessary action to collect delinquent payments as shall be authorized by Title 13, and in accordance with law. (c) It will keep such books and records showing the proceeds of the three per cent municipal use tax, in which com- plete entries shall be made in accordance with standard principles of accounting, and any owner or holder of any of the blaw. (c) It will keep such books and records showing the proceeds of the 3 municipal use tax, in which complete entries shall be made in accordance with standard principles of account- ing, and any owner or holder of any of the bonds shall have the right at all reasonable times to inspect the records and accounts relating to the collection and receipts of such use tax. It will, at least once each year, cause an audit of the records relating to the collect1on and receipts of the use tax revenues, and upon request, mak available the report of the auditor or accountant, to ny holder of such bonds, and shall m il a copy of h r port to th original purchaser of th bonds. Such audi may b m d par of and ncluded within the gen ral audit of the City, and ade at he sa e t me as the g neral audit. (d) Tha in h ven r plac d nd sup rc d d by • S a the us tax a of th City ar coll cted-locally shar d us tax or tax a, or ar replac d and sup rc d d in s o her mann r -34 - • I • • • • - from some other source or sources, the revenues derived by t he City from said replacement source or sources, as received b y th e City shall be appropriated i n the same manner as i f the City had levied and imposed a municipal use tax, and in accordance with Title 13 of the Code. From and after the date of said replace - ment, the bonds herein authorized, and any then outstanding par i ty lien bonds, shall have a first and prior lien, but not necessar i ly an exclusive such lien, upon such replacement revenues to the extent therein specified. Section 14. Additional Bonds. No additional bonds shall be issued payable from the pledged revenues and having a lien upon such revenues which is prior or superior to the lien of the bonds authorized herein. However, nothing in this Ordinance shall be construed in such manner as to prevent the issuance by the City o f add itiona l bonds payable from the pledged revenues and con s titut i ng a lien upon said revenues equal to or on a parity with the lien of the bonds authorized herein, provided the City is current in the payment of principal and in te re s t and the accumulation of th e 1983 Reserve Fund for t h e Seri e s 1983 Bo nds, and th e pledg e d reven u e s c o llecte d o r r ecei v ed by the Ci ty i n the last pre cedi n g f isca l y ea r i s su f ficie n t to cov er 1 .3 5 t i me s the average a nn ual pr i n ci pa l a n d inte r est requi r ements on th e ou t s tand i ng S eries 198 3 Bonds , and he proposed parity 1 1 n b o nd s : in add i t io n, the stimated pledged revenu s to be collected o r r e cei v ed in he fiscal year 1n which the proposed parity lien bonds will b issued, shall b t 1 ast equal o 1.50 imes the average annual princip 1 nd int r s r qu1r menta of th Seri a 1983 Bond s and he propos d par ty lien bonds. The proj c d pl dg d r v - nu s sh 11 b d by an 1nd p nd n c rtifl d pu lie account nt, as d s1gnated by th C1ty. In th even tha th p rc n o th mun1c pal us ax has b n incr as d dur ng h pr c ding or curr nt fi cal y a , h n th pl rev nu a can b determined by applyin h n w p c n 9 to h oun of us -35 - • • • • • - taxes actually collected during such prior fiscal year, for the purpose of determinig compliance with the prior year coverage requirement. Nothing herein shall prevent the City from issuing bonds payable from the pledged revenues and having a lien thereon which is junior and subordinate to the lien of the bonds authorized herein. Section 15. Defeasance. When all principal, interest and prior redemption premiums, if any, in connection with the bonds hereby authorized have been duly paid, the pledge and lien and all obligations hereunder shall thereby be discharged and the bonds shall no longer be deemed to be outstanding within the meaning of this ordinance. There shall be deemed to be such due payment when the City has placed in escrow and in trust wi th a commercial bank located within or without the State of Colorado, and exercising trust powers, an amount sufficient (including the known minimum yield from Federal Securities in which such amount may be initially invested) to meet all requirements of principal, interest and prior redemption premium, if any, as the same become due to their final maturities or upon designated prior redemption dates. The Federal Securities s hall become due at or prior to the respective times on which the proceeds thereof s hall be needed, in accordance with a sched ule established nd agreed upon b tween the City and such bank a h time of th creation of th escrow, or th Federal Secur1 i s shall be subject to rede p ion a he option of the hold rs thereof to assure such availabili y s so ne d d to meet such achedul • Th t r •Fed ral S curit1 a• within the m aning of h a a ction ah 11 1nclude only d r c obligations of , or obll ations th pr ncipal and int rea of wh1ch r uncondit onally guarante d by, th Un ed State of America. S ction 1 • Th proc ds 83 of no leaa han S-.,....,.o...:.;::..t...:;;;__, shall Ci y 1 und rua ccoun , d a gnat d •• •c y o d ond • I • ( •. • • • Refunding Escrow Account, 1983" (herein sometimes referred to as the "Refunding Escrow Account" or "Escrow Account"), said Escrow Account to be established and maintained at The Central Bank of Denver, in Denver, Colorado, a commercial bank duly organized and existing under the Laws of the United States of America, being a member of the Federal Deposit Insurance Corporation, having full and complete trust powers (hereinafter sometim~s referred to as the "Bank">. t...J::i. c • !I ll~r ~ In addition, the amount of~being legally~""' available for such purpose, is hereby appropriated and shall b e ~ deposited by the City in the Refunding Escrow Account, for the ~ ~"3 purpose of supplementing a portion of the proceeds of such Series( 1983 Bonds. '(t;t._, The Bank is hereby authorized and directed to pay,~ from the proceeds deposited in said Escrow Account, the admini-~0 strative expenses if any, related to the issuance of the Series 2 (;t... 1983 Bonds and the purchase of the acquired obligations. The~ expenses to be paid, if any, are enumerated and the amounts thereof set forth in Exhibit II of the Escrow Agreement, hereto attached. Further, the Bank shall provide for the payment for the acquired obl i gations and the necessary beginning cash, if any, as required in accordance with escrow sufficiency computa- tions verified by a Cert ified Publ ic Accountant. Thereupon, the balance, i f any, of th e pro c eeds shall be returned to the City and th e City shall p l a c the am ount i n th e 198 3 Bond Fu nd t o be held for the paym nt of the principal of o r i n te r est o n the S e r ies 198 3 Bond s . Th foregoing provlSion shall a p ply only to e x cess fu nd s on hand in the Escro w Account at the tim of deli v ry of th S r s 1983 Bonds and no fur her distribution of funds on h nd sh 11 b m d to th C1ty x cept th tim of termin t1on of th Escrow Agr nt or as provid d th rein . -37 - • !H'3 ~· I . • • - The accrued interest, if any, on the Series 1983 Bonds, from their date to the date of issuance and delivery thereof, shall be deposited in the 1983 Bond Fund, and held for the payment of principal of or interest on the Series 1983 Bonds when due. Section 17. Payment of Outstanding Bonds. The Refund- ing Escrow Account, including therein a portion of the proceeds of the Series 1983 Bonds as referred to above, when invested by the Bank shall at all times be at least sufficient to pay the interest on, principal of, and prior redemption premiums, if any, for the Outstanding Bonds of the City being refunded, under and in accor- dance with the following schedule: (A) The Outstanding Bonds numbered and maturing as follows, shall be paid and redeemed on the respective maturity dates thereof, according to their original terms: Issue Series 1981A Bonds Series 1981B Bonds Maturity 1983 to 1986, inclusive 1983 to 1986, inclusive Bond Numbers 4 to 33, inclusive 14 to 125, inclusive (B) The Outstanding Bonds numbered and maturing as follows, shall be, and the same are hereby, called for redemption prior to their maturity date, and shall be paid on the Prior Red mption Date and at the price set forth b low: Issue Series 1981A Bonds s ries 19818 Bond s Matur ity 1987 to 1991, inclusive 1987 to 1991, inclusiv Number 34 to 93, inclusiv 126 to 350 , 1nclu iv -38 - Prior Redemption Date and Pric November 1, 1986, at par and ecru d interest plus a pr miu of 1 of principal. Novemb r 1, 1986, at par and ecru d inter at plus a pr mium of 1 o principal. I • • ••• • • • ,. • (C) Interest on the Outstanding Bonds which matures in the years 1983 and thereafter shall be paid semiannual- ly each year on the proper interest payment dates according to their original terms, until the Outstanding Bonds mature, or until the Prior Redemption Date, whichever is earlier. Section 18. Investment of Escrow Account. In accor- dance with the Refunding Escrow Agreement, the Bank shall invest the funds on deposit in the Refunding Escrow Account in non- callable federal securities ONLY, and shall secure fully any cash balance in said Escrow Account in the manner required by law for other trust funds. Notwithstanding the provisions as here i n stated in this Section, the Bank may substitute obligations in the Refunding Escrow Account pursuant to Section 13 of the Refunding Escrow Agreement. Section 19. Addit i onal Deposits. If, for any rea son , at any time, the fund s o n hand in such Refunding Escrow Accou n t shall be insufficient t o mee t s uch payments, as the same shal l be about to become due and paya b le, the City shall forthwith deposit in such Refunding Escrow Account such additional funds as may be required fully to meet t h e am o unt about to become due and payable. Section 20. Obliga t ions of Escrow Bank. The Bank s hall from time t o t i me rede e m at ma t u r ity all or a po rti o n of the non-callabl e federal securities in s aid Re fund i n g Esc r o w Accoun , in s uff icien am o un ts so t h at th proc e d s her fro and th interest thereon as the s me a cc r u e s , w1 ll be auffici n o m the i n t r a requ1re n s o n th e Ou s a n d ing Bonds as such 1n er- est accru a and o pay th Outst and i n g Bonds a y or on th Pnor 10n Oat according to h ac in above • t for h. c ion 21. Th ayor and D1rec au hor 1%. d and d r c ed to k c a ary or appropria e action o ward h e x Bank cone rn1ng the on of a pro a in, invea -) r aero A r w h h n a o and d1abura • I • • • • from said Refunding Escrow Account, and such other agreements as \ may be necessary or desirable to effectuate the provisions of this Ordinance and comply with the requirements of law. The Escrow Agreement shall be in substantially the form hereto attached as Exhibit "A", and incorporated herein by specific reference. Section 22. Notice of Refunding, Call and Redemption. The Director of Finance of the City is hereby authorized and directed, and he shall give notice of refunding of the Outstanding Bonds at the time of such refunding and again at least thirty (30) days prior to the Prior Redemption Date for the Outstanding Bonds. Unless additional and more extensive notice is required by law, the Notice shall be given by publication in some newspaper of general circulation in the City. The Notice shall be published one time, at or about the date on which the Series 1983 Bonds are issued and delivered. Notice shall again be published before the Prior Redemption Date in such newspaper, one time, at least thirty (30) days before the Prior Redemption Date. Said Notice shall be in substantially the form hereto attached as Exhibit "B" and the ,, same is herein incorporated by specific reference. In addition to the notice specified above, Notice of such refunding shall be sent by registered mail, at the time of such refunding, to the following, at the last known address thereof: (I) The First National Bank of Englewood, Englewood, Colorado ( 2) (as paying agent for the Outstanding Bonds) Kirchner Moor Colorado (as purchaser of ( 3) ( 4) Han if n, I mho Consol1d d D nver, Color S c ion 23. ' Company, D nv r, he original he Outstanding Bonds) Inc., D nv r, Color do Call Th t th m m ra o t k tua ny c ion s nee aaary or o he p ov siona o his Ordin nc , including, but no -40 - • nd d 0 c- ing • • • • limited to, the execution of such certificates and affidavits as may reasonably be required by the Purchaser of the Series 1983 Bonds. Section 24. Declaration and Findings. That the City Council of the City, having been fully informed of and having considered all the pertinent facts and circumstances, does hereby find, determine and declare: (A) That the total principal and interest cost of the Series 1983 Bonds is substantially less than the total principal and interest cost of the Outstand ing Bonds, and that the net effective interest rate of the Series 1983 Bond s is less than the net effective inter- est rate of the Outstanding Bonds. (B) That the funds and investments to be placed in said Escrow Account, together with interest to be derived from such investments, are in an amount which at all times shall be sufficient to pay the Outstanding Bonds refunded, at maturity or on the Prior Redemption Date, as to princ ip al, intere st , prior redemption premiums, if any, and any charges of the escrow agen t and any other costs and e xpens es payable therefrom, and that the compu tations made in determ ini ng such sufficiency have been verified by a Certified Public Ac countan : (C) Tha the bonds do not constitute a debt or an indebtedness of th City within the meaning of any constitutional, s atutory or charter limita ion or provision , and shall not b conaid r d or h ld o b a general obliga 1on of th Ci y. (D) That th 1asu nc of th S ries 1983 Bonds nd the refund1ng o h Out tanding Bonds, and all pro- c dur a und rt k n incid n her o, ar in full co - pli nc nd con or i y wi h all applicabl -41 - • I • • • • provisions, and limitations prescribed by the Constitu- tion and Laws of the State of Colorado thereunto enab- ling, particularly Title 11, Article 56, Colorado Revised Statutes 1973, as amended and the Charter of the City~ (E) That none of the Outstanding Bonds herein authorized to be refunded have heretofore been refunded, paid, cancelled or otherwise been discharged, nor shall any of said obligations to be refunded hereafter be refunded, paid, cancelled or o therwise discharged, except as herein authorized and provided, prior to the date of issuance of the Bonds herein authorized. Section 25. Ratification and Approval of Prior Act i ons. That all action heretofore taken by the officers and member s o f the City Council, not inconsistent with the provision s o f this Ordinance, relating to the authorization, s ale, issuance and delivery of the Series 1983 Bonds, be and the s ame are he r eb y •. ( ratified, approved, and confirmed. I • Section 26. Repealer. All ordinances or parts thereof in conflict wi th this Ordinan c e are hereby repealed. Sect i on 27 . Ordinance Irrepealable. After the bo nd s are is sued, t hi s Ord i nanc e s hall be and r ema in i rrepealabl e u n til t h e b o nd s and th e i n tere st thereo n shall h av e b e e n fully p a i d, s a tisfied and d isch a rged. Sect io n 2 8. Sever a bi 1 i ty. Should any one or mo r e sections or provisions of this Ord i nan ce be judicially determined invalid or unenforceable , such d etermination shall not affect , imp 1r or inv lidate the rem ining provisions h r of, the inten- tion b ing hat the various provisions her of ar aev rable. Section 29. This Ordi- nance, ft r its final passage , shall b book k pt or ha purpos , auth ntica ted by th s gnatur s of h -4 2 - • I • • • • • • Mayor and Director of Finance and shall be published in accordance with law. This Ordinance shall become effective thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reading on the 20th day of June, 1983. Published as a Bill for an Ordinance on the 22nd day of June , 1983. Eugene L. Ot1s, Mayor Attest: ex off1c1o city Clerk-Treasurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby cert1fy 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 20th day of June, 1983. Gary R. Higbee -43 - I . • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 3, 1983 I. CALL TO ORDER. 5 A The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Milton E. Senti. Members present: Senti, Stoel, Tanguma, Allen, Barbre, Becker, Carson, McBrayer Powers, Ex-officio Members absent: Vena rd Also present: D. A. Romans, Assistant Director -Planning David Menzies, Assistant City Attorney II. APPROVAL OF MINUTES. April 5, 1983 Chairman Senti stated that th Minutes of April 5, 1983, were to be con- sidered for approval. Tanguma mov d: Stoel seconded: Th Minut s of April 5, 1983, be approv~d as written. AYES: Sto l, Tan uma, Barbr , Beck r, Carson, S nti NAYS: None ABSENT: Venard ABSTAIN: Allen, McBray r The aotion carr! d. 111. CAS! -82 Ch 11 nts or u ulations? ask d if • tiona on th b rs of the Coaaission h d any qu sti ns, com- proposed Findin&• o Fac n th Landseapin • • • • .. • -3- The first concern addressed is that of the application fee. The proposed fee is $500, with $250 to be refunded if the application is not approved. This proposal is contrary to standard practice, and whether an application is ap- proved or not approved the staff spends the same amount of time in review of the applic ation. Ms. Powers suggested that if the $500 fee is felt to be ex- cessive, perhaps the Commission would want to consider a "minimum" fee, with a rate per unit in addition to the minimum. Mr. McBrayer stated that he recalled previous discussions on the proposed regulations, and that the initial drafts proposed $250 for the application fee; the Commission members felt that this was insufficient , and raised the fee to the $500 with the refund of part if the application is denied. Mr. McBrayer stated that the staff will be required to do the same amount of work on review of the application whether the project had 10 units or 200 units. Ms. Po wers stated that the question of inspection responsibility prior to conversion would tie into the amount of staff time required on each applica- tion. Ms. Powers stated that she is concerned about the requirement that City staff conduct the inspections to determine code compliance. Mr. Tanguma asked how remodeling of structures is handled at the present tim 1 Ms. Po wers stated that inspections are done during the process of th remodeling; this is to determine whether the work being done is proper, and would would also have to b don on ny units converted for condominiums if remodeling is required. Howev r, the inspection prior to cons truction or remodeling is not don by the city staff; this is proposed in the Condominium Conv rsion r gulations. Ms. Pow rs proposed two alternativ s to the city staff doing th preliminary insp ctions: 1. The City could hir a certified engineer to do th in p ctions, and bill th applic nt; 2. Th City could th insp ctiona; nd pay th en Pow City at H nzi 1 addr unity." t of certifi could choos in rs qu lified to do n in r from this list noth r • tt r ia th City'• liability if tion She ak d that Assist n City Attorn y • • • .. -2- IV. FINDINGS OF FACT CASE #8-83 Amendment of Comprehensive Zoning Map. Chairman Senti asked if members of the Commission had any comments, sug- gestions, or questions on the Findings of Fact for Case #8 -83, the amend- ment of the Comprehensive Zoning Map rezoning a portion of the B-1 Business area to B-DD, Business-Downtown Development. Tanguma moved: Allen seconded: The Findings of Fact for Case #8-83, amendment of the Comprehensive Zoning Map, be accepted and approved by the Planning Commission, and forwarded to City Council. AYES: Allen, Barbre, Becker, Carson, McBrayer, Senti, Stoel, Tanguma AYS: None ABSENT: Venard The motion carried. V. FINDINGS OF FACT CASE #9-83 Amendment of Comprehensive Zoning Ordinance. Chairman Senti asked if members of the Commission had any comment s , sug- gestions, or questions regarding the proposed Findings of Fact? Allen moved: Tanguma seconded: The Findings of Fact for Case 09-83, amendment of the Comprehensive Zoning Ordinance, be accepted and approved by the Commis ion, nd forwarded to City Council. AYES: Allen, Barbre, B cker, Carson, McBrayer, Senti, Sto l, Tanguma AYS: .on ABSE T: V nard Th motion carri d. Ch nti stated th t Ma. Pow ra, Dir ctor nt City Attorn y David H nzi a would • r f rr Th tl na pro-I • • • .. • -3- The first concern addressed is that of the application fee. The proposed fee is $500, with $250 to be refunded if the application is not approved. 1bis proposal is contrary to standard practice, and whether an application is ap- proved or not approved the staff spends the same amount of time in review of the application. Ms. Powers suggested that if the $500 fee is felt to be ex- cessive, perhaps the Commission would want to co nsider a "minimum" fee, with a rate per unit in addition to the minimum. Mr. McBrayer stated that he recalled previous discussions on the proposed regulations, and that the initial drafts proposed $250 for the application fee; the Commission members felt that this was insufficient, and raised the fee to the $500 with the refund of part if the application is denied. Mr. McBrayer stated that the staff will be required to do the same amount of work on review of the application whether the project had 10 units or 200 units. Ms. Powers stated that the question of inspection responsibility prior to conversion would tie into the amount of staff time required on each applica- tion. Ms. Powers stated that she is concerned about the requirement that City staff conduct the inspections to determine code compliance. Mr. Tanguma asked how remodeling of structures is handled at the present time? Ms. Powers stated that inspections are done during the process of the remodeling; this is to determine whether the work being done is proper, and would would also have to b done on any units converted for condominiums if remodeling is r quired. However, the inspection prior to construction or remodeling is not done by the city staff; this is proposed in the Condominium Conversion regulations. Ms. Powers proposed two alternatives to the city staff doing the preliminary inspections: 1. Th City could hire a certified engineer to do th inspections, and bill the applican t; 2. Th City could maintain list of certified engine rs qualified to do th inspections; the pplicant could choose an engine r from this list nd pay the ngineer dir ctly. Pow rs point d out that anoth r matter is the City 's liability if City taff does th in p ctions. Sh asked that Assistant City Attorn y nzi s addr ss this issu • r. M nzi s stated that ao hav found th city 11 bl w r not c:t • or to b a to hold hav not unity." court cas a, particularly in th if an in p ction w a "n glia nt", and the d f eta ov rlook d. Hr. H zi a stat that this a li bl 11 nt inap ctiona , through th a tt r o! "aoveri n 1111- • I . • • .. Compliance with codes was considered. Ms. Powers noted that several of the City Council members questioned the need for compliance with current codes . Mr. Stoel stated that h e felt the requ irement to comply with curr ent codes would limit the conversion of apartment s to condom i niums. He stated that he felt the reasons a condominium conversion ordinan ce was considered to begin with was (1) to give the Ci ty some g u idelines to follow in such cases, and (2) to protect the people wh o are purchasing the uint s --t o protect the public. Ms . Becker noted that the re are some older a partment buildings in the City that are certainly not at present c ode levels, and qu es t ion ed whether we would want to see those units co nverted to cond ominiums unless they are brought up to code. Ms. Becker stated that she felt it would make sense to require complianc e with current codes on such buildings. Mr. Stoel asked what the alternative to compliance with existing city codes would be? Ms. Powers suggested that r quiring compliance with codes in effect at the time of const ruction would be an alternative. Mr. McBrayer stated that he felt this could cause numerous problems , ci ting the difficulty in determining which codes were in eff ct at the time of constru ction. Mr. McBrayer suggested that a list of saf ty factors be established to which a building must conform before conversion to condominium units would be approved. Items which could be included on this list include fire safety hazards, public ingress and egress, proper amperage, e t c . for electrical service , proper venting of plumbing pip s and other safety featur s. He stated that he felt it would be reas onable to bring thea items up to today's codes . Ms. Powers stated that she felt this would be a workable alternative. Mr. Barbr questioned where it is stated in the proposed r gulations and why it is stat d, that th city staff would have to do a preliminary inspection; why couldn't th insp ctions b don during and after th cou rs of remod ling? Mr. M nzi s point d ou t that thea regulations pertain t o pplic tion for conv rsion of unit n c sitating th preliminary !rasp ction to determin wheth r th units can, ind ed, b conv rted. Mr. Tangum sk d if it would b posaibl to r quest th develop r to pr nt plan for th review of th taff? M . Pow rs stated that plans will hav to b pres nt d in conjunction with th application. ~r. Sto 1 asked how conver ion ar handl d by th . Po w ra at t d that th re are no r quirem nta r ainiu units now. staff at the pr sent ti arding conversion to condo- r. Br y r at ed r ton to f lt th qu stion is dow or don't in th City of n 1 wood? If It ia th condo inium units, r quirin coapli nc a complish thi . But, if th int nt is to oth r lt rnativ a will h v to b onaid r d. • I . • • - -5- Mr. Tanguma asked how many apartment buildings could feasibly convert to c ondominium units ? Mrs. Romans estimated 20 to 30 buildings to convert. Mr. Stoel pointed out that there are office buildings and warehouses that are also converting to condominium units; the regulations need to be written to apply to these units, also. Mr. McBrayer stated that Ms. Powers request the Building Inspectors, specifically Sturctut·al Inspector Macrander, to develop a list of items of a safety nature where converted units would have to comply with existing codes. He suggested that a second list be developed with "negotiable" items. Mr . Allen pointed out that if a contractor builds a new condominium unit, he must comply with all existing codes, which results in "very expensive condo- minium units." Mr. Allen stated that he did not understand how older build- ings could be allowed to convert to condominium use, and not be required to meet the existing codes. He further pointed out that there are some buildings that, economically, cannot be converted because they cannot be brought up to code; these buildings should not be allowed to convert . Mr. Allen stated that it is no more dangerous for a condominium unit owner to live in a building that is not to current code than it is for a tenant. He stated that this reasoning is inconsistent. Ms. Becker s tated that s he would agree that what is good for a pro perty owne r i s good for a renter, also . Ms. Bec k r reiterated that she felt matters per- taining t o s afety , fire , pro t ec tion o f purchaser are items that have t o b e considered. Mr. Mc Braye r s tated he f el t t his cou ld be l ikened to remodeling o f an olde r sing l e -family home in Englewood; unless th remode l ing is more than 50% o f the valu e o f the hom , i t do s n o t have t o be brought up to existing code . Mr . Barbre approved o f t h pr o pos ed mandato ry complian c e l i s t and a negotia bl compliance lis t. Mr. Mc Brayer t a ted t h a t h f elt an alte rn tiv t o Mr. Allen's s tatement woul d b t o pl a c no r gula tion o r s tanda rd s on the co nv r s ion o f units f o r cond om in ium pu r poses . Mr . St o 1 s tat d that h f lt with th impo s ition o f s t a nda r ds on conve rting un i t s, t ha t soae of th o ld r buildi ng s in th City uld b improv d and brought up to a hiah r cod s tandard . k d n xt at p for th Commission is if they d t rmine hould b ch naed. Would t his r qui r anoth r • Po re stat d that a public h rin ch n e1; anoth r ay ould b to eubai a Council etatin that th eo .. isei n hae r con id r d con rn nd etttn forth th nd d provieion. hu r ult illi 1h uld son r d thet th eo .. tesi n sh uld didn 't thin k this will help, but h 1 • • • • - -6- Me Brayer moved: Carson seconded: The Commission ask staff to redraft the condominium con- version ordinance, with input from the Building staff on the check list of mandatory and negotiable conversion re- quirements, to be considered at a study session on a later date. Mr. Tanguma stated that he felt the proposed changes would be making the ordinance more specific. Mrs. Romans stated that this was incorrect; the changes would make the regulations less restrictive. Ms. Powers asked how the Commission wanted to handle the matter of applic a- tion fee? Mr. McBrayer suggested that a blank be left and filled in later. Ms. Powers suggested that rather than preparing another draft of the proposed regulations, the suggested mandatory compliance and negotiable compliance be prepared and transmitted in memo form. Mr. McBrayer stated that he felt this would be acceptable. Mr. Menzies commented that he felt the ordinance "will fall into place after the safety factors have been addressed." Mr. McBrayer suggested that Building Inspector Macrander be asked to meet with the Commission informally. The vote on the motion was called: AYES: Barbre, Becker, Carson, Mc Brayer, Senti, Stoel, Tanguma NAYS: Allen ABSENT: Venard The motion carried. VII . PUBLIC FORUM. Mr s . Dorothy Romans introduced Ms. Joanne Halls , a Planning I ntern in the Dep rtm nt of Community Development. Ms. Halls is from Montreal, and is a Geography jor at the University of D nver. Ms. Halls is n unsala ried int rn, nd puts in 20 hours per we k for "exp rience"; sh has be n W>r king on the landscaping brochure with City Forester Coleen Stow 11. VITI. ATTORNEY'S CHOICE. Mr. M nzi 1 stat d that he had ch ck d ith the City Attorn y'• Offic , and h d nothing to bring b fore the Commillion. Mr. S nti not d that City Attorn y 0 Witt h d nt r d th m tina in th last 11lnut P ra ltat th t th d, nd will pr par h r in attl n ar utur • W hin ton, wa v ry I • • • • • -1- X. COMMISSION'S CHOICE. Mr. Carson commended Mrs. Becker for her interesting written report on the APA Conference in Seattle, Washington. Mr. Stoel also commended Mrs. Becker on her report. Mrs. Becker stated that she took many slides of the area, and has some of the slides developed. She asked the indulgence of the Commission while she gave a brief presentation this evening. Mrs. Becker's slides were of the restored Pike Market Area; also depicted were roof gardens, terrace gardens, and of the Acquarium. The Pike Market Area and the Acquarium are redevelopment projects. A double -deck highway was also depicted in the slides, as were the various levels of shops in the Pike Street Hill Climb. Mrs. Becker stated that she realized the importance of having a city center for special activities after this trip. Mrs. Becker stated that further pictorial presentations will be on transporta- tion, historic preservation, and she would like to do one on the Water Front area. The meeting adjourned at 8:30 P. M. • I . • • - Englewood Parks and Recreation Commission 58 Minutes of May 12, 1983 The regular monthly meeting of the Englewood Parks and Recreation Commission was called to order at 5:50 p.m. by Chairman Poole, at the Englewood Municipal Golf Co urse Clubhouse. Members present: Boardman, Bradshaw, Howard, Poole, Romans, ex officio Members absent: Allen, Higday, Gomes Also present: Leon Kuhn, Assistant Director of Parks and Recre ati on Doug Foe, Assistant Director of Parks and Recreation Carolyn Tracy, Recreation Supervisor Becky Rademacher, Recreation Youth Council Paul Fugate, Recreation Yo uth Council Chairman Poole asked if there were any additions or corrections to the minutes of April 14, 1983. There were none. A motion was made and seconded that the minutes be approved. The motion passed. Concerning a site for the construction of a community center for Englewood, Director lomans reported that negotiations with Beatrice Foods are moving slowly on the site purchase, and that he feels that it will be made public knowledge soon that if the bond election is successful, the site will, indeed, be obtained for a commun ity center either through negotiations or, if need be, by means of condemnation. Director Romans distributed to the Commission members the new community center brochure. Commissioner Howard stated that 1,400 of th s brochures will be ma~led out on Friday to Englewood residents, and th t th Community Center Committ e will be maklng phone calls to remind citiz ns to vote on Hay 17. Commission r Bradshaw ent red t:h ting at S:SS p.m. Dlrector Romans nnounced that the P~ton Foundation has a warded a $1,000 grant toward the construe ion of th hike and bike tea 1 along th South Platte River from Oxford to Ha pd n. Ro ns revl ed w~th th Co is ion certa i n qualifications to be by th P!t:on Found tion Jn ord r to the gran s cow of gr nt q lif~c t.lons ched. After so di ussion, C ••ion r Board n de a tion, •.conded by c l••lon r H ard, th t th $1,000 gran ace p ed wlth th oueli iton'• tee • I • • Englewood Parks and Recreation Commission lfinutes of May 12, 1983 Page -2- • • - and conditions. The motion passed. Director Romans then stated that, as was agreed in the contract with Urban Edges, 10% of every grant was to be paid to urban Edges. Commissioner Bradshaw made a motion, seconded by Commissioner Boardman, to recommend to City Council that Urban Edaes be paid 10% of the 51,000 arant, or 51 00.00. The motion passed. Recreation Supervisor, Carolyn Tracy, was present to inform the Commission of the new Rent-a-Worker program, and the renovation of the Bellevi ew Children's Zoo. After handing out copies of an outline of the Rent-a-Worker program and pay scale, Carolyn explained the concepts of the Workreation and Rent-a-worker programs stating that there are more requests for workers than there are kids to fill the ;obs. Carolyn feels there is a real good potential for this program and is working to make this a year-round program. She explained that the program supervisor reserves the right to turn down any job that may be too much for a youth worker to handle. The pay scale sheet is only a Juideline to help the employer determine an appropriate rate of pay. Commissioner Board- man ask d what forms of publicity have been used to publicize the program, wher e~n Carolyn stated there had been articles i n the newspapers two weeks ago, and with the response, sh feels it has reached many people. C rolyn also reported that the name of th Belleview Children's zoo has be n ch nged to Bellevi Park Children's Farm, as it was felt that the name "zoo" was m~sleading sine the ani ls th re i nclude pigs, chick ens, calves, lambs, etc. Sh stated that for th1s summer, a "Bellevi Demonstration Garden" has ~n added wh ich will include a v riety of v~etabl s, a$ shown on a diagr m that was handed out to the Commission rs. ,. round th "!arlft" has n expanded to ceo at th• gard n. of th hav lr dy be n phnted. Sh added th.lt t produc fro• he rd n will nuuls. She st ted that this y r, pack ad feed w~ll be old so ls. .Uso, t 1Mjd ca • will all bar led this y r • t/HJ swi• probl W.l h th schools It inclalr ou d r r w urn ov r to 1ncl 1r tit dl• l 0 th o t H y f t 1r c l u '!' nly t d n tor rtif1 1 • • • Englewood Parks and Recreation Commission Minutes of May 12, 1983 Page -3- .a ~ • • • instructors if they need them to teach swim classes. This year, the pool was offered to Sinclair Principal Ryder for the same time but the school was asked to pay the utilities of the pool for that month. This was consist- ent with Jim Phillipe's policy in charging the city for using the high school indoor pool. Principal Ryder, apparently not aware of this background, felt the cost was ex- cessive and the City did not want him to use the pool. In a later telephone conversation between School Superintendent Roscoe Davidson and Mr. Romans, arrangements were made to teach the Sinclair students and permit them free use of the pool for the remaining days of the month (7 days). Commissioner Boardman reco~m~ended that a copy of these minutes be sent to the School/City Conmi ttee. Assistant Director Foe indicated that he felt communications concerning facility usage and program scheduling is becomi ng less and less desirable. Much discussi on f ollowed with reg rd to billing procedures and charging for utility expenses and custod- ial services as the Recreation Department i s u ing the school district's fac~lities. There is still some dupl~cation of programs in some schools. Chairman Pool e sugges ted that a member of th Recreatio n COimliss ~on be included on the School /City Comm~ttee o the Commiss i on may be mor aware of so of the problems between the two organizati ons. Commissioner Brads haw r eco nded tha t a l~s t o f is u s concerni ng duplica t ~on of programs be comp~led so the Commi ssion can rev~ th before th !I be nt to School/City Co Jtt Ca r ol!Jn Tra c!l su gested that Bradsha 's r be de lso to the .chool p ncipa1s and to th-o r.creation s u rvisor s sJnc t tl.l lliJ d •1 ng lo'J th on a d IJ•to-da!J be •· e a 110t1on, c co• • • l s of ,and n1ca t J o n reatJon nd h • l st • udi tin ed. Und '& c •• I • • Englewood Parks and Recreation Commission Minutes of May 12, 1983 Page -4- • • • are invited to attend the Senior Citizen's Advisory Committee Annual Barbeque, which will be held Oil July 14 , at Fran 1/oward's residence. A map is Cllcl oscd. Concerning the state lottery funds and state parks, Commissioner Bradshaw stated that the state should not withdraw general fund support from the State Park Division and replace it with lottery proceeds. She suggested that when Englewood's sl~re of the money is received, it sho uld be placed in the Englewood Parks and Recreation Foundati on Trust Fund to avoid a possible similar situation. With regard to the Gates Foundation Trust Fund, Director Romans reported t/Jat SHJCe the Gates $15,000 grant is for trail construction (some of it lies in the City of Engle- wood beginning at Yale), neighboring cities are asking that Englewood help match the $15,000 to bring the trail up to the golf course. They have suggested using lottery money for trail construction. As a reminder, commissioner Bradshaw suggested that a letter be written to the School/City Ca.mUttee requesting that they review the possi b i l i ties of a Recreation Youth Council member becoming a voting member of the CommUssion. Co..Ussioner Bradshaw inquired what has been learned with regard to the swim pool cover liability insur.nce coverage. Assistant Director Foe stated that in checking the liab~lity coverage with Purchasing Agent Al Rhoades , it was determined th t th present coverage is adequate to cover An!/ liability mishaps that may occur wi th regard to the pool cover • The ... ting was adjourned at 7:20 P·•· ) • • • ·, r )(; 1-'ilur 1 I our KJollon .Jf 'I •I I 1 '~ ' ' ,•,;,>• I ' March 15, 1g83 Jack Poole Chairman Englewood Parks and Recreation Foundation 3400 S. Elati Street Englewood, Colorado 80110 Dear Mr. Poole: • • • Samuel Gary h:ts referred your request for funding to The Piton Foundation and the Board of Directors is pleased to announce an award of $1,000 to the Engle wood Parks and Recreation Foundation for support of "The Englewood Connection" phase of the Platte River Greenway. This grant is contingent on the attached General Grant Ter·ms, Conditions and Understandings. Further, as part of this award, we require that you submit a final re port i nclud i ng: 1. An accounting of how Foundation funds were spent. 2. Any other information you feel would be relevant in a lowing the Foundat1on to evaluate th1s award. The r eport will be due to the Foundation by Apr i l 30, 1984. Please ac nowledge your acceptance of this grant award in the space provided at the bottom of the General Grant Terms and Conditions (attached) and r turn a copy to the Found at ion. A 1 so, we ask that within six months you provrd the Fo undation with the m1nutes of your Board of Directors meeting, document 1 ng the review of this grant award and the acceptance of 'ts terms and cond1tions. It is a pleasure to support the cont1nuat1on of the Greenway. S1nc rely, THE PITO FOU DATION fern C~~.1:/ £.11 cut 1v 011 ctot FCP/ /ld Enclo r : Grant T r s • 83-11 I • • • • THE PITON FOUNDATION GENERAL GRANT TERMS, CONDITIONS AND UNDERSTANDINGS GOVERNMENTAL ENTITIES In addition to the specific terms and conditions specified in the grant award letter dated !~arch 15, 1983 to which these General Grant Terms, Conditions and Understandings are attached, The Piton Foundation (the "Foundation") is awarding this grant to you as the Grantee contingent upon the following : Public Purpose You are a governmental entity as defined under Section l70(c)(l) of the Internal Revenue Code which includes a State, a possession of the United States, or any political subdivision of the forego i ng, or the United States or the District of Columbia. This grant must be expended for exclusively public purposes. Perm i ss i ble Expenditures You may not expend any of the proceeds of this grant for any pol i - t i ca l or lobby i ng act i vity or for any other purpose that 1s not char i tab l e, educational, scientific or literary as descri bed i n Section 170(c )(2){B) of the Code . More specifically, th i s grant (together wi th any 1ncome earned upon investment of the grant pro- ceeds ) is made for the purpose outlined in the grant award letter and may not be expended for any other purpose wi thout the Founda- t i on 's pr i or wr i tten approval . Record s and Reports You are r equ i red to keep a re cord of receipts and exp nd 1ture s r l at - i ng t o this grant and t o prov i de the Foundation with a report ummar i- z i ng t he pro j ect at the end of the grant period, Aer il 30 , 19 84 . You are requ i red to keep the financial records wi th -re_s_p __ c~t~t~o~this gr ant, a long with any reports submttted t o th Fo un d - t1on, for at least four ye a rs foll 1ng the year in h1ch th fun ds Jr fully expend d. Required ot1ficat1on You ar r quir d to provide th Found at1on with 1. d1ate writt n nottficatton o ~ (a) your 1nab1l ty t o expen d th gr nt for th p r- pos d scr1b d tn th grant aw rd 1 t t er ~ or , (b) ny pend1tur fr thts gran d for any purpose ot h r than t s for hich th grant w s tnt nd d. I • • • ,. • Reasonable Access for Evaluat i on You wil l permit the Foundation, at its request, to have reasonable access to your files, records and personnel for the purpose of making such financial audits, verifications or program evaluations as it deems necessary or appropriate concerning this grant award. Publicity You will allow the Foundation to review and approve the text of any proposed publicity concerning this grant prior to its release. The Foundat i on reserves the right to discontinue, modify or withhold any payments to be made under· this grant award or to require a total or partial refund of any of the grant funds i f, in the Foundation's sole judgment, such action i s necessary; (a) because ¥OU have not fully complied with the terms and cond i tions of this grant; (b) to protect the purposes and objec- t i ves of th i s grant or any other charitable interest of the Foundation; or, (c) to comply with the requirements of any law or regulation affecting the Foundat i on 's responsibilities with respect to this grant. * * * * * * * The unders i gned certifies that he/she i s a duly authorized agent of the Gra ntee and that as such is author i zed to accept this grant on behalf of the Grantee , t o ob l igate the Grantee to observe all of the terms and con- di t i ons pl aced on th i s grant, and i n connection with th i s grant to make, execute and de li ver on behalf of the Grantee all grant agreements, repre- sentati ons, re ce i pts, reports and other i nstruments of every ki nd. ACCEPTED AND AGREED TO: ENGLEWOOD PARKS AND RECREATION FO UNDATION Date I 1 83 -11 • I . fii g fii ~ ~ g ~ .. (No street Si!"Jl) fii ~ • • • YALE AVE . \ ~ YAU: l'U\CL AMHERST A V F fii ~ ~ AMH IF. R S T PLA - BATES AVE . BATES-IOC-AN PARK CORNELL AVE . • fii !\ E ' I • • - DOWNTOWN MANAGEMENT COMMITTEE MAY 27, 1983 9:00 A. M. sc COMMITIEE MEMBERS PRESENT: Susan Powers, Mike Haviland, non En sign COMMITTEE MEMBERS ABSEN T: Henry Burgwyn OTHERS PRESENT : Fred Kaufman, Jeri Linder, Dick Hinson The meeting began with a report by Susan Powers on the status of the Down- town Zone District. Ms. Powers said that this item would come before Coun ci l in the near future and it would probably be three weeks to a month before a public hearing was held on the District. Ne xt, t h e Comm ittee turned its attention to development o r t he p ro g r am t o admi nister the Community Development Block Grant Funds. Ms. Powers stated that requests for proposals h ad been sent out to architectural firms re- garding the Broadway facade design portion of the project. The submittal deadline was set for June 1, 1983. After the proposals are reviewed dur i ng the week of June 6, 1983, there will be interviews of the firms with th e b est proposals. Ms. Powers said that in all probability there would be a pool of two or three architects to provide some variety among the s tores along Broadway. Don Ensign will be involved in familiarizing the proj ect architects with the details of the Design Guidelines. Di c k Hinson wil l b e respo nsible for drafting the contract between the arch i tec t s and the City. Ms . Powers informed th group that a meeting had been held t h pr v ious day between Mr. Hinson, Mr. Haviland, herself, and repres nta tivea of s veral l ocal b nks . Th e purpose of th m eting was to inform th bank ra o f th e availab ility o f CDBG funds for a rehabilitation l oa n p r og r am , ex pl ain th r qu i rement s im posed by the State on th u s of the m n y, and a s k for an express ion o f interest regarding participation i n the p r o- g ram. Ms . Po wer s e x pla in d that CDBG fund s and bank f unds w ld b pool d wi t h t he CDB G mo n ey be i ng l oaned t z ro p r c nt inte r est . Sh st t d th a t t he Ci t y 's applica tion f o r the funds indicated a ma x imum of $5 ,000 per bus in sa , bu t spec i fic detail s of the program r ain to b worked out. Ms . Powers repo r t d that th group of bankers s e ed r ec ptlv to the pro- gram . Th y r qu at d n opportunity to discuaa th progra• ng th e lv and aac back with Ms. Po wara the week o! Hay 31 , 19 83. ext, the Committ b an to as astabliahina a minim 1 bator a loan o! the CD G th t ccordina to the ltt d !thin nln ld ba w t d in • ) I • • • • • -2- that merchants who express an interest in the program should also express a desire to spend some minimum amount on rehabiltiation so the prime prospects for loans could be identified. Mr. Haviland also suggested concentrating on key "pockets" of interest along Broadway to get the maximum effect for ef- fort expended. The group concurred and stated that architects should perform work first for those merchants who express a desire to undertake rehabilita- tion work. Don Ensign suggested that some kind of competition between blocks on Broadway could be staged to generate merchant interest in rede;;igning and ruhal>il Hating their buildings. The first block to be completed would win some kind of award. Also, he proposed that each architectural firm chosen for the pro- ject be given a block to design. A competition could also be held between architects to determine the most attractive design. Returning to the topic of getting the design and rehabilitation project off th e ground lmmed:latcly, tlw importance of a puiJllc luforouullon proll,ram wo~;; agreed to by the Committee. Since EDDA is to be the main contact with the merchants and property owners, it was suggested that Mike Haviland put to- gether a work schedule outlining the method by which the contacts would be established between the current date and the release of the grant monies. Also, Mr. Haviland was requested to put together a brochure which would out- line the facets of the program to potential Broadway participants. This in- formation is to be reviewed at the next Management Committee Meeting on June 2, 1983, at 2:00 P. M. An additional Committee meeting was scheduled for June 7, 1983, at 9:00 A. M. to review the submittals of architects. The last item discussed at this meeting was the Interim Agreement that is to be signed between Brady Enterprises nd the Urban Renewal Authority. Susan Powers said the Agreement has been drafted by Urban Renewal Authority couns 1 Paul B nedetti, and will be reviewed by Brady representative Henry Burgwyn prior to the URA me ting on June 1, 1983. At thia meeting the document will be presented to the Authority for consideration. The essence of the Agr ment is the establishment of a performance schedule with a timetable which will govern Brady/Urban Renewal Authority activities from Jun to August, 1983, culminating in the signing of the major Red velopmcnt hgreement. There being no other business to consider, the m eting adjourned t 11:15 A.M. • liehard Hinson !eono ie Develop nt Pl nn r • I • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS May 11, 1983 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:35 p.m. by Chairman Donald Seymour. ~~ERS 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 RALLAGIN MOVED THAT THE MINUTES OF THE APRIL 13, 1983 MEET I G OF THE BOARD OF ADJUSTMENT AND APPEALS BE Ai'PROVED. Board r Ga econded the motion. Upon a vote, all ra vot d in th affirmative. Th Chairman ruled that th ainutea atand APPROVED. rd u n a v that th OLD r * * • * • • * * ED THAT FINDI S OF FACT I CASES -83, 6-), tion. irMtiv n rul d • • • • • * • • • • • • • • • Board of Adjustment and Appeals May 11, 1983 Page 2 willing to do the work, partially because one of the renters had refused to leave, and it had not been possible for the plumbers to enter her apartment. Mrs. Tunstall stated that the Hills had moved out at the first of May. She said that she wanted to cooperate, but this has been a financial burden for them, and they had lost $1,000 in rent. She asked for an extension of 60 days. She also stated that there were cockroaches which would require three days for extermination. She stated that the renter who had refused to move --Mrs. Fleetwood would move by May 26. Mr. Kreiling suggested that, as there would be only one family after May 26, there would be no reason to hurry. Mrs. Tunstall stated that she had permitted another renter to move in because they said they would help in the cleanup. She stated that Randy Buzzel is a general contractor and believes that he can do all of the conversion. Al Hill, a former renter of 3169 South Grant Street, stated that his family had moved in response to the Board's decision. He stated that the roaches were there in the house when he moved in 3~ years ago. He said that this was an expensive and enormous job to rennovate, especially with all the family problems. Nancy Fleetwood, 3169 South Grant Street, asked to speak. She stated that she had never been formally notified that she was required to move. She said that Mrs. Tunstall had told her that possibly she would not have to move at all. She has bought a trailer which will not be available until May 26. Sh said she had left a number with Mrs. Tunstall who could have contacted her for appointments. Mrs. Tunstall a id that if Mrs. Fleetwood remained in the houa , he would have to pay rent. BOARD KEMBER FERGUSON MOVED THAT THE OWNERS OF 3169 SOUTH GRANT STREET BE GIVE AN ADDITIONAL 60 DAYS TO CONVERT THEIR THREE-FAMILY RESIDENCE INTO A SI CLE FAMILY RESIDENCE. Board M mber Brown second d th motion. Upon a vote aev n mem ra voted in tb affiraative, and the Cb iraan ruled t t the xt naion was GRANTED until July 9, 1983 • ******** that Ca 8-83, Jo quin nufacturin Corpor tion, Str t, D n raaa, Preaid nt, waa offici 11 op n d. d v ri fication of poatin nd th t Publi tic I • • • - Board of Adjustment and Appeals May 11, 1983 Page 3 Mr. Dan Bargas, 3935 South Kalamath Street, was sworn in for testimony. He referred to Sections 45.101-45, pa4 5, Special Processes, Article 45, Application of Flammable Finishes, Division 1, General Provisions , of the Fire Code. He quoted, "The application of flammable or combustible liquid, applied as spray by compressed air, airless or hydraulic atomization or by stream or by electrostatic methods or by any other means in con- tinuous or intermittent process." Mr. Bargas stated that that was the gist of the Code, and that his operation is not any of those. His process is not a paint system, which is what the Code is discussing. His process is composed of a resin with styrene. The styrene is flammable, but is contained in the polyester resin. Mr. Bargas stated that a variance already exists for the undercoating of automobiles, and he contended that his resin is similar to the undercoating. The volatile chemical is held in suspension in both processes. In application of the resin, he said, only about 6% is given off as a vapor. He presented calculations by Dr. Ray Hauser, of Hauser Laboratories. In those calculations Dr. Hauser shows that by ventillation alone, nonexplosive concentrations can be maintained by 9,980 cubic feet per hour (CFH} of ventilation. This is 166 cubic feet per minute (CFM), which is comparable to a large bathroom fan. He stated that they maintain the dilution by opening the doors, and they never reach that concentration. He stated that there are more stringent requirements for health standards, OSHA would require 275,000 CFH ventilation or 4,580 CFM. This ia based on 100 parts per million over an 8 hour day, although you can reach 200 parts per million and still comply with OSHA regulations. Mr. Bargas said that reports of tests by Ashland Oil also supported these figures. Mr. Bargas then referred to th concern of MEK (Methyl Ethyl Ketone). This is not a catalyst. MEK does enter into th reaction chemic lly and is consumed in th proc of curin . He r fe rr d t o Exhibit C from the LUCIDOL Divison of Pennw lt Corpor tion. H said that they had reached a valu of .1 parts p r million of MEK, which i lea than the 2 parts p r million allow bl und r th ACTIH r quir ment. H said th t these tests w r done using an extern 1 mix guo, whil his process us s an internal mix gun, which me na th t th MEK giv n off into the ir is th n with n ext rnal mix gun. H stat d th t h h d ubmitted of detail d information to support hia cont ntion that his not fall within the r quir m nta of th Cod , nd that this op ration had not b n ddr •• d by the Fir or Buildin Cod e. that thie application ie not a pray, it ie quirt d, r fere o paint, epray nd fini h. Hie proc •• atructur of th finished ib ralaee product. th 11 ie diff rent and Ore on h a aleo et t d th t th tric 1 and exploeion-proofin t • hall h I • Board of Adjustment and Appeals May 11, 1983 Page 4 • • - outside this area." M.r. Bargas said that this showed that they have limited the Classification only to around five feet from the area. He quoted further, "Exhaust fans mounted 4 feet or less, as measured from the invert (bottom) of the duct above the floor shall have non- sparking fan blades .... and explosion-proof motors". On page 9, it wa s stated that the fans mounted more than 4 feet above the floor would not have to be nonsparking. Also, " ...• electrical equipment within three feet of the floor ••.• must be explosion-prooof", which M.r. Bargas stated means that if it were over three feet from the floor , it would not have to be explosion-proof. He said that styrene is heavier than air, and, therefore, seeks the lowest level. He said it is very difficult to reach explosive limits. M.r. Bargas referred to the "Material Data" section of Exhibit 1. He stated that the paint solvent (over 75% of a paint system), the paint itself, the MEK and the Polyester resins are very different overall. He then referred to the FRP Facts (part of Exhibit 1). He said that the odor of styrene is very pungent and distinct, so it is very noticeable, but the threshold of styrene is 1/10 of a part per million, "which is one part of llO,OOO's of the explosive limit." M.r. Bargas continued, "Styrene at 400 parts per million or in strong concentra tion is irritating to" the eyes and the throat, so it is difficult for an operator to reach that kind of concentration. At 10,000 parts p r million the operator would feel faint. In an open area, it is very difficult to reach 200 parts per million. M.r. Bargas stated that the Code as it is now written does not apply to the process used by Joaquin Manufacturing Corporation . M.r. Kr iling a k d how long Joaquin has been operating in Englewood. Mr. B rg s stated they had been here since 1979. Mr. Kreilin~ asked if th re are ny imilar operations in the area. Mr. Bargas said th r are. H stated that the State of Oregon had b en treating this proc ss as uniqu • He had suggested that the underco ting syst m is similar to the resin treatment which is xcepted from the Cod • Mr. Kreilin uain • up b Mr. F r UB n t ction it, but th t ust system th y w re pr s ntly n doors. They h v b n holding 1 h d consid apr v room. Mr. B rgaa $20,000 1 ur which h • it ould $20,000 of th di CUI d I • • Board of Adjustment and Appeals May 11, 1983 Page 5 • • .. Mr. Gage asked if they owned the property. Mr. Bargas said they leased. Mr. Seymour asked if this coating they use is an organic peroxide. Mr. Bargas replied that this is not true of this process. Peroxide is a catalyst, and in the resin process the peroxide, which is only 1% to l~%,is not a catalyst, and the process is not a coating. Mr. Seymour asked how the gun is cleaned. Mr. Bargas replied that the gun has a pot which is used to flush the gun after applying the resin. It is flushed with acetone. Mr. Seymour stated that in reading the Oregon Code, the Code does not apply if they are using MEK or if the guns are flushed with acetone. Mr. Seymour asked if the compound is flammable. ~tr. Bargas stated that the styrene is, the polyester is not. The styr~ne com- poses 45% of the resin. Mr. Seymour asked if it was liquid; Mr. Bargas stated that it is a liquid. Mr. Seymour asked if the application was not a spray. Mr. Bargas said it was squirted. Mr. Seymour quoted the Oregon Code saying "spray or by other means of a continuous or intermittent process". Mr. Seymour asked what the flash point is; Mr. Bargas replied lOO"F, but said it varied with the formulation. Mrs. Dawson said it was between 73"F and 99"F, with which Mr. Bargas agreed. Mr. Seymour asked if it was a dual component coating. Mr. Bargas replied that it was only resin. A two-component coating would be, for example, epoxy. Mr. Fergu on asked it it w re not true that Mr. Bargas had a r sin and add d HEK to the resin, so that a tw o-component product came out of the nozzl . Mr. Bargas greed, but said that the MEK is only 1 to 1~ percent by i ht. Hr. Ferguson sked how far away the gun would be held from the sheet that's being sprayed. Mr. Bargas replied that it wash ld about two feet away from the sheet. Mr. Ferguson asked if th gun squirt w s in a stream or fanned out. Mr. Bargas replied that it wa s f nn d out. Mr. F rguson stated that S ction 45.702 s ems to apply to this proc ss, "All spr yin op rations involvin the u of or snic peroxid and other dual component co ting shall b conduct d in pprov d, prinklered spr y booths etin th r quire nts of this article". Hr. Bargas replied that their i a apray finishing operation. k d if there w p ra na pres nt who wi h d H Cr or, 6 51 South or knowa Dr. H u r, o atated that in hia opinion if Jo quin v nt11 ti n r quit nta t forth by Dr. no probl • with ar ntin th pp al . • H at t north; hia a any Hia comp n at L borstoriea, teata on th nuf cturin Haua r, ther in-I • Board of Adjustment and Appeals May 11, 1983 Page 6 • • - The Chairman asked if there were anyone else who wished to speak in favor of this request. No one came forward. The Chairman asked if there was anyone who wished to speak in opposition to the request. Walter Groditski, Fire Marshal, 3615 South Elati Street, was sworn in. He called the Board's attention to the letter dated May 3 which he wrote to Dorothy Romans, and to the letter from the Western Fire Chiefs Association, Inc. The Western Fire Chiefs Association letter is a Code interpretation which Mr. Groditski had specifically requested. Mr. Groditski had assured Mr. Bargas that he would not take any steps until he had received the interpretation of the people who wrote the Fire Code. The letter written August 16, 1982, agreed with Mr. Groditski that the Code as it is now written does apply to Mr. Bargas' operation, which requires a spray booth. Mr. Groditski stated that the spray booth is a common requirement for safety in other states. He said that Mr. Bargas had suggested that the styrene was the only flammable part of the spray. Mr. Groditski stated that the styrene is really an integral part of the resin, and the resin itself has a flash point between 73"F and 99"F. The entire product is a flammable liquid, Class lC. Fire Marshal Groditski read the Undercoating portion of the Fire Code to the Board. "When approved by the Chief, automobile undercoating spray operations conducted in areas having adequate natural or mechanical ventilation may be exempt from the provisions of Division a of this article," (which are the spray booth provisions) "when using under c oating materials which are not more hazardous than keros ene," (kerosene is a Class 2 flammable liquid), "or undercoating materials using only solvents having a flash point in excess of lOO"F." Mr. Groditski stated that the exceptio n is only granted when they are using a flammable or com- bustible liquid whose flash point is higher than lOO"F. The Bargas process doe s not g t t o lOO"F; therefor , the Fire Department maintains that his pro c es do s no t fa l l und r the under coating ru l e . Mr. S ymour asked if th Chief had a bl anke t exemption. Mr. Grodit s ki s unde r th Co d x mptio n, ltho ugh it s, s this i s not c us it did no t f a ll n grant d in th pa s t . Mr. Gr odit s ki r efer r d t o th 1 t t r wr i tt n o n J un 10, 1 98 2 , f r oa Fire Mar s hal Cr o ditski t o Mr. B r as , saying that th y would b willin to g r nt an excep t ion to the spr i nkl r ays tem, for some oth r form of extinguishin syst Mr. 8 r as was gr nted n alter n tiv to th $20 ,000 sprinkler syst a. Hr. )'110ur Cr ditski eaid with n • H • tru tur d uld I • • • • Board of Adjustment and Appeals May 11, 1983 Page 7 not be in an open area that would have extra points of ignition. The doorway would not be part of a spray room or spray booth, unless it was part of the ventilation system . Mr. Ferguson stated that a spray booth must be so const ructed that the material will not adhere to the sides1 or if it does adhere, can be easily cleaned. Just dividing off the room is not enough. The majority of spray booths are made of sheet metal, and some companies even spray plastic on the walls and peel it off when there is a buildup. Mr. Seymour asked if a fire broke out, would o ther buildings be involved. Mr. Groditski replied that the buildings are close together, so there would be a danger of spreading fire. He said that MEKP is not a flammable liquid; its hazards are reactive with other materials, it is unstable, must be stored in cool p laces , and in Mr. Bargas' process it is reasonably safe. The Code addresses it because of possible malfunctions during application; it can react with other materials to create a substantial hazard either of explosion or fire. Mr. Kreiling asked about the acceptability of the Hauser Report as stated in Mr. Groditski's letter of Hay 3, 1983, on page 2. Mr. Groditski answered that the Report states that operations like Mr. Bargas' should meet certain ventilation and construction requirements. The report make s the same rec ommendations as the Fire Code except for the fire protec tion system. There is some danger there, or the Hauser Report would not recommend a spray area separated from the rest of the building and with ad quate mechanical ventilation. They also recommended that he monitor the air even after c onstruction. Mr. Holland quoted Mr . Bargas ss stating only 6% of the compound is g iven off as a vapor. Mr. Holland asked if that would b less xplosiv than paint. Hr. Groditski stated th t in a spray booth you redu ce th ch nc s of fire to almost none. Without a spray booth, vapor builds up in pockets and can explode if there i s any kind of spark or ignition aourc • Mr. Bargas' resin c n reach a flammable range at 73"F, under th right conditions. Mr. Holland asked i f it is Hr. Groditski's f lin th t th Cod appl ies t o this process . Mr. Gr odit ski replied that it ia hi f lin nd also th belief of th peopl wh o wr ot the Cod (th W at rn Fire Chiefs Association) that th Code do a apply to Hr. Bar 'a proceas. Mr . Holland ask d how th y reach d th concluaion that apray booth waa r quired by the Haus r R port. Fire r h 1 Cr ditski ref rred to th Report on pa 3, ich d scribes th cl sin off of n ar for th sprsyin th Fire Cod " lectric actors drivin placed insid booths or ducts. Fan rotatin nf rrous or nonsparkin or th c sin h 11 consist uch mat rial." • I . ,. Board of Adjustment and Appeals May 11, 1983 Page 8 • • • The Chairman asked if there were any other people who wished to speak in opposition to the request. No one came forward. The Chairman asked Mr. Bargas if he wished to speak in rebuttal. He came forward and repeated his question about similar businesses in Englewood. Mr. Groditski stated that he has not seen another business that does fiberglass-spraying operations. There was at one time one on West Dartmouth Avenue called Fiberglassics and they had firesprinkled the entire building. Mr. Seymour asked about the operation across from the Elks that makes car bodies. Mr. Groditski said that this had been reported to him last fall, and will be inspected soon. They check every business once a year, and dangerous ones twice a year. As far as he knows Mr. Bargas' operation is the only one in Englewood doing fiberglass spraying. Mr. Bargas referred to an area north of Oxford and east of the river. Mrs. Romans stated that this area is in Sheridan. Mr. Bargas stated that his operation is not a finish or a spray. It is similar to making a fiberglass boat. He referred to the heater that could be a fire hazard. The heater is disabled and has been disabled, it is fed by a separate meter. Public Service has a lock on the heater. He stated that the polyester and the esters in the resin are essentially inert. The reason it has the flash point that it does have is because of the styrene. He referred to a materials safety data sheet on the resin. It lists unsaturated polyester as greater than 50 %. Under "Other", it has a styrene monomer which is less than 50 %. Mr. Bargas repeated, in regard to the Hauser Report, that the maintenance of a safe operation insofar as the concentrations of the styrene permissible t o stay below explosive limits ar co ncerned, (on page 2, paragraph 5) requires 9,980 CFH o f ventilatio n. This transforms into 166 CFM, whi ch Mr. B rgas said, wa s equivale nt t o a l arge bathroom fan. Only the hea l th requirement s r e mor string nt. It would not be prac tic al f o r th compan y t o op r a t e in bo oths a s defined by the Code. They process l arge panels as lar e as 12 x 38 feet. A booth would be impossibl e t o permit s uch lar pro du c t s . Concerning the recommendation by the We s tern Fire Ch i e fs Assoc i tio n, Mr. Bargas stated that the recommen da tio n was me r ely a p r sonal o pinion, and did no t addres s Mr . Ba r gas ' rgu nts or r e pr s nt th Western Fire Chiefs Associ a t ion . Hr . Ca ask d how oft n they do th sprayin and if it is a completely finish d process. Hr. S r sa said they o i n cycles of approximately on w ek a month, with thr days of 1 or 1~ hou rs a d y a tually sprayin or squirtin , and th r ault ia a complet ly finished product wh n it 1 av a th ir plac of busin ss . Th product is first for d with pl ood tude in the ah p of a pan 1 , a nd t hen th process is a ppli d ss a lami nat , which b com s pa rt of a tructur The p n ls a r th n er c t ed a nd th a r uctu r i s i nte ra t d. Th ey do not know ro mon t h to mo n Lh wh at siz the p nels wi ll b • Th e sr a • I • Board of Adjustment and Appeals May 11, 1983 Page 9 • • • where they are doing the spraying is 25 x 100 feet long. Mr. Seymour said that the area of a spray booth is not to exceed 1500 square feet according to the Building Code. Mr. Holland asked if Mr. Bargas had discussed other methods than sprinkling. Mr. Bargas said yes, they had, but the Fire Department had not made any commitment allowing an alternate system. Mr. Holland asked what other kinds of systems might be available. Halon, was possible, but has drawbacks. The ventilation system has to be shut down, for · example. If a fire is not extinguished, there are so many kinds of tanks that would be required to smother the flames, that it is imprac tic al, Mr. Bargas said. He stated that the other system would be co 2 and that would be expensive, about 13,000 dollars. Mr. Holland stated t hat the Hauser Report concerns possible explosion and the danger from inhalation of the styrene. Dr. Hauser explained the danger of undiluted styrene. Mr. Bargas agreed, and said that simply opening the doors would dilute the product. Mr. Holland stated that the low concentration was not completely safe from exploxion. Mr. Bargas agreed. Mr. Ferguson stated that there would be dead areas where there could be a concentration of the styrene, espec ially inside the boxes as they are being constructed. Sparks c an be caused by s teel nails in shoes s c raping the concrete floors. Fire Marshal Groditski said that the Fire Department has been allowing ins t alla- tion in spr ay boo t hs of dry chemi c al cylinders, which are speci f ically designed f or application in this kind of use. They are mounted at ceiling level and they will go off at a certain temperature. The cos t would be 90% les s tha n the sprinkler system. He said that he had n o t specifically discussed this method with Mr. Bargas. The Chairman asked that the Staff Report be made part of th record , nd c losed the Public h earing in Ca s e Number 8-83. * BOARD MEMB ER KREILIN G MOV ED THAT IN CAS E NUMBER 8-8 3 , 39 35 SOU TH KALAMATH STREET, TH E APP LI CANT BE GRANTED AN APPEAL PERM I TT I NG THE OPERATIO N OF FIB ERGLA SS SPRAY UP EQUI PKE T . THIS IS AN AP PEAL FROM TH E 198 2 UNI FORM FIRE CODE, SECTIO 45.209 (a) -FIRE PROT ECTION EQUI PMEN T AND SECTIO 45.702-USE OF ORGANIC PE ROXIDE CO ATINGS. Board H mber Halla in cond d the motion. Up on a vote, ruled that th 11 aeven mbera vot d a ainat th app l had b n D lED. The mbera gave their findings aa roll s. tion, and the Chairman Mr. Kr ilin voted "no" b caua of thia proceaa, although aom uture. the Cod i a very cl ar in the re ulation d i f i ca t ion aigh t be con sidered in th • Lett ra nd r porta re!err d o in thia c a are avail bl in th Cit Pl nn1n 0 fie Fil a. • I • • • • Board of Adjustment and Appeals May 11, 1983 Page 10 Mr. Hallagin voted "no" because the applicant did not comply with the six conditions necessary for the granting of an appeal, and did not meet the requirements of the Fire Code. Mrs. Dawson voted "no" because there is a reason for these Codes. If this is a new process, something can be worked out, as the Fire Marshal suggested other alternatives. Mr. Brown voted "no" because the Code should be followed since there is danger to not only that building, but the surrounding buildings. Mr. Gage voted "no" because the 1982 edition of the Uniform Fire Code should be followed. Mr. Ferguson voted "no" because the appeal is only of particular interest to the applicant. Authorizing it would be a detriment to the area in that they would be moving against the Fire Code. Perhaps the Code may be changed because of the special nature of this product in the future. Mr. Seymour voted "no" because Article 45 of the Uniform Fire Code was clearly applicable to this process. The flash point is below 100°F; the process is dangerous, there is spraying, and it is a flammable liquid. A ten minute recess was declared at 9:50 p.m. * * * * * * The meetin was re convened at 10:00. MEMBERS PRESENT: MEMB ERS ABS ENT: ALSO PRES ENT: 111 n o Cieially op publication. Mr. nv rt a a i n 1 - r t nd to do Kreiling, Hallagin, Dawson, Brown, G g , F rgu son, a nd Seymour. No n Do r o thy A. Roman s , Assistant Direc t or of Co mmu nit y Develo pment Tom Holland , Aaa i a t a nt Ci ty At to rney Larry D. Y n lin , Plann r I ryl oua a, Recordi n S cretary • • * * * * r 9-3 w a nd n • • Board of Adjustment and Appeals May 11, 1983 Page 11 • • .. Ordinance, Section 22.4-5 c -Minimum area of lot from 9,000 square feet to 7,500 square feet and Section 22.5-5 h to allow part of two parking spaces in the area required as Minimum front yard. Mr. Isadore Bueno, 353 East Kenyon Avenue,came forward and was sworn in. He called the Board's attention to the drawings of the proposed triplex, which were displayed. He stated that there would be two two- bedroom dwelling units on the ground floor and a one-bedroom unit over the new section of the house. He would be adding 1250 square feet to the existing house. There is a four-plex just to the north of the house. With the exception of the matters for which a variance is sought, the construction will meet the R-2 zoning rules. He has enclosed the City Ditch, which runs through the property. He believes this is an advantage to the neighborhood, as he has gotten rid of the weeds and the potential hazards of the ditch. Mr. Bueno presented three adjacent property owners' letters stating that they had no objections to the project. One of the letters is from the church across the street. The only concern expressed by the church representative was that enough off-street parking be provided. It was noted that part of his request is to use part of the front yard for parking in order to provide adequate parking. Mr. Gage asked how many square feet there will be in the top unit. Mr. Bueno repli d that there would be 652, which is two square feet over the required minimum for a dwelling unit. Mr. Brown asked if the outside would blend with the existing house. Mr. Bueno stated that he would continu th vinyl siding which is on the outside. Mr. F rguson asked if there were more buildings planned for the site. Mr. Bu no said there were not. Mr. Ferguson asked about storage of lawnmow rs, rakes, etc. Mr. Bueno s id there is a crawl space which he pl ns to us for this purpose which would b ent red from a alantin ramp. Mr. H llagin stated that there is pr s ntly an 8 x 8 foot steel sh d on the prop rty. Mr. Kreiling stated that under th stairway could be a storag area. The Chairman asked if there w re any further ape k ra in favor of th vari nee. No on ca forw rd. The Ch irman ask d if ther w re any apeakera oppoaed to the granting of th variance. No on came forward. Mr. Holl nd asked i a triplex v a peraieaible in this zone. Mra. Ro na atated that it is. Mr. Holland asked about the minimum floor area and the lot area. Mrs. Roaana repl1 d the th ainiaum floor area is eet, but it will be n ceaa ry to obtain a variance for th h urther at t d tha Hr. Bu no had iv n a r t d oC o th Sta f, especially by c promisin on th ar hit e- n hie plana w re diacua d with th Ar chi tectural • I • Board of Adjustment and App e a ls May 11, 1983 Page 12 • • • The Chairman asked that the Staff Rep o rt be made part of the record. The Chairman closed the Public Hearing. BOARD MEMBER HALLAGIN MOVED THAT IN CASE NUMBER 9-83, ISADORE BUENO, J R., 353 EAST KENYON AVE NU E, BE GI VEN A VARI ANCE FROM TH E COMPREH ENSIVE ZONING ORDI NANCE SECTION 22.4-5 c -MINIMUM AREA OF LOT FROM 9,000 SQUARE FEET TO 7 ,500 SQUARE FEET AND SECTION 22.5-5 h TO ALLOW PART OF TWO PARKING SPACES IN THE AREA REQUIRED AS MINIMUM FRONT YARD. Board Mem ber Gage seconded the motion. Upon a vote , all seven members voted in favor of the variance, and the Chairman ruled that the varianc e was GRANTED. Th e board members gave their findings of fact as follows. Mr . Ferguson stated that the applicant c omplied with all the s ix requ iremen t s ne ce s sary f or the granting of a varianc e. Mr . Ga ge s tated that it met the six requ irement s , and will up grade the area. Hr. Brown voted "yes" because t he re we r e thre e le tte r s agr e eing and there was no opposition, and it met the six r e quiremen ts . Mrs. Dawson stated tha t there was no o pp os ition; there we re t hree letter fro the neighbors. This would provide mo r e hou s i ng , a nd t he R-2 medium d nsity zon permits triplexes. Mr. Halla in voted "yes" because t here were several letters of approval, and th re was no oppo ition. It will improve the ne ighborhood, and help th Engl wood housin shortage. The r e wi ll be plenty of parkin • Hr. Kr ilin stat d that the site exceeds t h zoning requirements xc pt in lot area and nothin unsightly will be add d to the site. Hr. S ym ur stated that there was no opposition , nd it• emed lik a ood plan. The Chairman asked if the Director h d anything to discuss with the Board. Mr s . Ro na stated that there w s a stud nt fro Denver University in th udienc observing the Board meetin . The Board invited the student t o har his obs rvations. Art Bella, a sophomore at Denv r University, majoring in R al Est t Construction Manag nt, said that he w s requir d t o att nd three meetin s of City Councils, Zoning m etin a, or Plannin tin a for class called "Urban Plannin and R ional Dev lop nt". This w the third etin h att nd d, nd th y re similar. He had ate nd a City Council tin and a Plannin m ting in Glendale. H at t d th t Th Bo rd of Adjuat nt had mora diacuaaion th n p rGitted in Glend 1 , and th Glendale Board mb rs did not tate their rea on for th ir vot a. • I • • Board of Adjustment and Appeals May 11, 1983 Page 13 • • • Mrs. Romans stated that the neighbors around 3280 South Sherman Street have been complaining about the garage for which a variance was granted for the past several years to permit the operation by the owner, Mr. Jack Firth. This variance was granted to Mr. Jack Firth only, and he recently died. The Staff has not taken action since the death was only a month ago, and would like a little more time for the sake of the family. The Board agreed to the delay and said the City c ould enforce the variance stipulation at an appropriate time. Mrs. Romans announced that Tom Holland had accepted a position as the City Attorney of the City of Westminster. The Board presented a goodbye and good luck card, and Mr. Holland thanked the Board and stated that he had enjoyed working with the Board. Mrs. Romans stated that in the matter of 2220 West Evans, Mr. Criswell and his clients have agreed that they will clean up the property. Mrs. Romans announced that the 27th of May would be Board Member Kreiling's 74th birthday. The meeting was adjourned at 10:30 p.m. • I • • • • .. • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD June 14, 1983 5 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7 :30 p .m. PRESENT: Bob Currie, Jerry Valdes (arrived at 7:35p.m.), Barbara Bray, Marietta Brown, Debbie Dix, Alfred Quaintance, Dorothy Wheelehan REGRETS: Kay Van Valkenburg ALSO PRESENT : Charles Wimber Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present . Chairman CUrrie turned the meeting over to Ms. Winkle who introduced Mr. Charles Wimber. ~tr. Wimber presented for the Board's informat i on the concept of forming a commun i ty computer ne two r k . Th i s conc ept being, doing more with less through a commun i t y ne wo rk . Mr. Wimber left t he meet i ng a nd t he Board br i e f ly discussed the pro s and c on s of su c h a ne tw ork . Ms. Wi nkl e pr e nt ed th Di rec tor's Report . Ms. Win 1 pre e n ed the C pi t 1 Outl ay port ion of the 19 4 Bud get Re quest fo r d1scuss1on by th Bo rd . Ms. Wtn kl e noted t h t Co un cil h the fi nal rev i of t he Bud e t . M . W1nkl g ve n upd t of th prog r ess o th Ar a p ho -Pu blic A cess (A-PAL) group. Th is is coo p r at1ve co ll ec ion development hoe County pu blic l 1br a r ie r e en l y fo rm ed. Th is group is the four libraries to co nt rtbut $250 for JOi nt purc h es. Purcha es w1ll b marked with t he AP AL logo and will be avai l bl e throug h ln r -library Lon . Future contribut ion may increa e to $1000 yearly with th fund roca reciproc 1 borrowi onte • t on th nrun Ar paho Oir At thu tlll M . Winkl d the Libr ry . not s th t rd hould t h n ed or undtn Sund y h ur a on nuod •. , • • I • • :S -19 • • - -2- With the possible closing of the Duncan Reading Center it was discussed that the part-time personnel from the Center be brought to the Main Library to help in the Children's Section . Also discussed was the possibility of keeping an after school reading room open at the Duncan Center staffed by volunteers. Ms. Winkle will discuss this plan with the Parks and Recreation Department and report back to the Board. The SEMBCS contract for processing books has been signed. The co ntract with Aurora Library for Englewood's us e of its database has not been finalized. Chairman's Report Mr. Currie noted that several more Statewide Book Sale in September. MPLA newsletter regarding the Book participants have sig ned up to join the There was an article published in the Sale. Ms. Wilma Ankrum has resigned from the Board due to personal family problem s. A letter of acknowledgeme nt will be sent to Ms. Ankrum from the Board. ~lr. Currie noted that Council will be look i ng for a replacement for Ms. Ankrum. The Rivertree Theatre Touring Co mpany is moving to Englewood and is presenting free passes to Board members and Staff members, for the asking, to their performance on June 17. Members' Choice ~lr. Quaintance presented a sample of his public relations program tear sheets, which will be available in the Library shortly. He presented a list of upcoming titles. Debbie Dix mentioned an article in the eighbor's Section of the Post regarding reciprocal borrowing from Littleton's viewpoint. Ms. 01x presented the Board's 1984 Budge Request, with no ch nges fro11 1 3 be1ng recoDII!Iended. 10. : That the So rd pprove th 1984 Budget R quest. Moved by: Barb r Bray S co nded by: Dorothy Wheel han Mot ion carried. Mr. Qu in nc r ported th t no further di~cus ed with I . 0r11 t ion 0 aroup would b Liahth 11 nJ M Sterlina. Th will or v ry tn 01"11 lly 1th M . in le, nd r vul ble s n t.h ~u ton tl ti R ('Ort or M1nut fr 11 th M y 10, 3 Br tln b ppro ed Ht n. urr ttna J rn It :40 P·•· • • • • • 1 A ORDINANCE NO. d $ SERIES OF 1983 BY AU'rHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 OUTFALL SYSTEM BY CENTENNIAL ENGINEERING, INC. WHEREAS, the City of Englewood maintains a substantial 18-hole golf course within the boundaries of the City of Sheridan; and WHEREAS, the Urban Drainage and Flood Control District (District), the City of Sheridan (Sheridan), and the City of Englewood (Englewood) desire to engage Centennial Engineering, Inc. (Engineer) to render certain technical advice, compile information, evaluate, study , and recommend design solutions to such drainage problems as exist within the Sheridan drainage area; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, CO LORADO: Section 1. That an agreement titled "Agreement Regard ing Planning of Sheridan Outfall System (Agreement No. 8 3-3 .2)" between the Urban Drainage and flood Control District, the City of Sheridan, the City of Englewood, and Centennial Engineering, Inc., consisting of a to al of 16 typewritten pages plus a one-page exhibit (consist ng of a map), is hereby approved by the City Council of th City of Engl wood. Said agreement generally provides as follows: A. That th parti employ Engineer to perform services in he Sher dan dr inage ar a. The proposed work shall includ , but not be limited to, compila ion of xisting data, nee ssary fi ld work, developm nt and evaluatlon o all reason ble alternativ s so that the most f asible drainage nd flood control plans c n b determined and ju t fi d for th ar a. polic a king c. D. proJ c shall b ngle od coord1na ed by the Dlatric nd Sh r dan. w h teria, r u1rem nts nd erna ive ou fall sketch plans, r a orm. 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 Exhibit 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 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. Read by title and passed on final reading on the 20th day of June, 1983. Published by title as Ordinance No. clla , Series of 1983, on the 22nd day of June, 1983. Eugene L. Ot1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Cl rk-Treasurer of the City of Englewood, Colorado , hereby c rtify that the above and foregoing is a true, accurate and complete copy of th Ordinance passed on final reading and published by title as Ordinance No.~~ , Series of 1983. Gary R. Higbee • • • ORDINANCE NO. fb~ SERIES OF 1983 • • • BY AUTHORITY ? 8 COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BILO 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. WHEREAS, 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 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 vo i d. 2. The City, as contractor for the State, shall provide the manpower, equipment and services necessary to operate and ma i nta in c ertain traffic control devices on state highways within th e Ci ty limit s , as determined and directed by the State. 3 . Th e Ci ty s ha l l n o tify the State of those devi c e s ma in t aine d. 4. Th total cost for s a id se rvi ces sh a l l b pa id by the State to the City and shall not exce d F ifty Th ousand Dollars ($50,000). Thera es charged by the City for said se r vices shall be as set forth in Exhibit 8 of th contr ct . 5. The traffic control d vic s shall conform to the •M anu 1 on Un form Tr ffic Control Devices • and th •colorado Supplement .• The Sta e r serves the right to mo nitor and r equi r e ny d lei ncy to b brough in o compliance within r eason ble im , nd he S ate reserves the r ight to cor r ect an y deficie n cy and deduc he c ual cos therefor fro m he payment to the Ci y • • 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 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. Read by title and passed on final reading on the 20th day of June, 1983. Published by title as Ordinance No. _______ , Seri s of 1983, on the 22nd day of June, 1983. Eugene L. Otia, Mayor Att t: ex officio Cl y Clerk-Treaaurer -2- • • • 0 • • • 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, a c curate and complete copy of the Ordinance passed on final reading and pub l ished by title as Ordinance No. , Series of 198 3 . Gary R. Hlgbee • • • • • • ORDINANCE NO. 11 BY AUTHORITY SERIES OF 198""3 __ _ '1 c COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE 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 REHABILITATION PROGRAM. WHEREAS, 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 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 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 the following: 1. Application and approval procedure for obtaining a loan or grant from the Housing Rehabilitation Program. 2. Th establishment of policies and priorities based on the use and purpose of the grant and loan eligibility, income, neighborhood, liens , credit factors, loans on rental property, and r payment. 3. The requirement of supervision of any improvement. S ction 2. A. That the Ci y of Engl wood h r by grants to the Englewood Housing Authority the sum of Two Hundred S venty-ven Thousand Five Hundr d Dollar ($277,500) to be used in accordance with Application Gr nt Numb r B-82-DH-08-0054 under Title I of the Housing Developmen Act of 1974 nd th Agreement described in Sec on 1 hereo • on o he $277,500 housing rehabilitation funds ad o nglewood Housing Authority, th Ci y wil l use wo Thousand ive Hundred Dollars ($22,500) of the grant d n s ration unds o co ver administrative x nses such aal r a nd suppli 1 re uired by the Hou sing R hablli a- 1 I • • • • • 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. Read by title and passed on final reading on the 20th day of June, 1983. Published by title as Ordinance No. ________ , Series of 1983, on the 22nd 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, accurat and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Hlgb e 2 • I . No. '(/~ ORDINANCE SERIES OF 1983 .. BY AUTHORITY • • • 'I D COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER BRADSH AW FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE STATE OF COLOR ADO, DEPARTMENT OF LOCAL AFFAIRS, PROVIDING A GRAN T TO THE CITY OF ENGLEW OOD IN THE AMOUNT OF $150,000 FOR THE ESTABLISHMENT OF A REVOLVING LOAN FUND TO ENCOURAGE ECONOMIC STABILIZATION AN D JOB CRE AT ION IN THE CITY OF ENGL EWOOD, AND DECLARING AN EMERGENCY. WHEREA S , the City of Engle wood 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 COUNCIL OF THE CITY OF ENGLE WOOD , COLORADO : Section 1. The City of Engle woo d shall enter into an agreement w1th the State of Colorado, Department of Local Affairs, CDBG Application No. 83-058, marked Exhibit A and incorporated herein by reference , such agreement consisting of nineteen (19) typewritten pages wh ich generally provides as follo ws: 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 Broad way. Interest rates shall be no greater than the current D nver prim rate less t wo percent (2\) excluding any proc ssing or servic charged imposed. The loans shall be used for improvements in the structures in the 3200-3500 Blocks of South Broad way. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the M yor of the City of Englewood, Color do, o subacrlb his n me to said greement for nd in b half o the City Council and h City of lnglewood, Colo rado, and that the Director of inance, x officio City Cl rk-Tre surer, atte t the ame. Section C y Council h reby declares an em rgency it b ing necess ry in o rder to obtain the und and u ilize the unds with in the gran period. Inlroduced , re d in ull, and passed on irs reading on th h day o Jun , 1 I • ( • • • • Published as a Bill for an Ordinance on the 8th day of June, 1 983. Read by title and passed on final reading on the 20th day of June, 1983. Published by title as Ordinance No. , Series of 1983, on the 22nd day of June, 1983. ------- Eugene L. Ot1s, 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. Higbe e • I . BY AUTHORITY ORDINANCE NO. SERIES OF l98y) ____ __ A BILL FOR • • • 'I E COUNCIL BILL NO. 33 INTRODUC?f ~y COUNCIL MEMBER ,I .L, AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CENTRAL COLORADO LIBRARY SYSTEM REGARDING RECIPROCAL BORROWING PROGRAM. WHEREAS, Central Colorado Library System (CCLS) is the Regional Library Service System in which Englewood Public Library partici- pate; and WHEREAS, said CCLS has submitted an agreement to the City of Englewood for continuation of a program currently in effect, which agreement relates to the reciprocal borrowing program, a copy of said agreement is attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. That the City of Englewood, Colorado, shall enter into an agreement with the Central Colorado Library System relating to reciprocal borrowing program for the CCLS fiscal year October 1, 1982 through September 30, 1983. Said program generates income for the City and affords Engle wood residents direct access to materials owned by participating libraries. Said agreement consists of three typewritten pages and is incorporated herein by reference as Exhibit A. S ction 2 . That th City Council of the City of Englewood, Color do, hereby authorizes the May or of Engl wood to subscribe his n m to said agreem nta for and in behalf of th Englewood Public Library and the Director of Finance, ex officio City Clerk- Treasurer, attest the same. Introduced , read in ull, and paaaed on first reading on th 20 h day of June, 1983. 1983. Publi hed aa a ill for an Ordinance on the 22nd day of June, A tea Eugene L. Otla, Mayor ex o£llclo Cl y Clerk-Tre au er 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of June, 1983. Gary R. Higbee • I . • • • • May 16, 1983 AGREEMENT The ERslewood Public Library agrees to parti- cipate in ttle Reciprocal Borrowing Program of the Central Colorado Library System for the period October 1, 1982 to and including September 30, 1983 snd to accept the following con- ditions of participation: 1. To extend normal lending and use privileges to any patron from any participating library who has a library car~ vali~ for reciprocal borrowing. 2. To keep accurate statistics of uae as required by CCLS for calculation of payments. 3. To be reimbursed and to make payaents as required under the program according to the attached distribution for - mula. 4. To follow the procedures established by the CCLS Board. (attached) Attachments formina part of this agreement A. R c iprocal Borrowing Procedures dated Hay 16, 1983 B. Formula for Calculation of Reciprocal Borrowing Payments dated Hay 1, 1983 For the part icipating library Na11 Title For Central Colorado Library Syatea Na e Title . ,, A • I • • • • • May 16, 1983 Attachment A Reciprocal Borrowina Procedures l. Each participatin& library will keep accurate daily transaction statistics on forma 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 matchin& payment per transaction. 6. Local matching payments for debtor libraries will be made to CCLS within 60 days of receipt of invoice. 7. CCLS will make State payments to creditor libraries by September 30 of the r ciprocal borrowing year. CCLS will forward local m tchina payments to creditor librar1 s when a ll debtor library payments have be n r ceived 1n full. • • • • • • May 1, 1983 Attachment B Formula for Calculation of Reciprocal Borrowing Pay.ents 1. Calculate credit transactions/debit transactions: If number loaned is higher than number borrowed, a) loaned -borrowed • credit transactions If number borrowed is higher than number 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 cr ditor library, credit transaction• x $.275 • atate payment J. Calculate local match ing payment from debtor librariaa: For each debtor library, debit tr naactiona x $.275 • local • tchina payment • • • • • 71 BY AU 'rHORITY ORDINANCE NO. SERIES OF 198~-----COUNCIL BILL NO. 35 INTRODUCED BY COUN CIL A BILL FOR MEMBER ____________ __ AN ORDINANCE AMENDING SECTIONS 5-26-3(1), {4) AND {5) AND 5-26-5{8 ) OF THE ENGLEWOOD MUNICIPAL CODE 1 69 CONCERNING OUTSIDE EMPLOYMEN 'r PROVISIONS OF TH E ADMINISTRATIVE PROCEDURES. WHEREAS, the City Council has previously enacted a Career Service System Ordinance for the City of Englewood pursuant to Art i cle XV of the Englewood City Charter; and WHEREA S , City Council is authorized and dir e cted to enac t appropr i ate ordinances for the implementation of the Engl e woo d Ca r ee r Se rv ice Sys t e m; NO W, THEREFORE, BE IT ORDAIN ED BY THE CI TY COUNC I L OF THE CIT Y OF ENGLEWOOD, COLORADO: Section 1. Th a t Secti o n 5 -26-3 {1 ), {4) a nd {5 ) o f t he '69 E.M.C. 1s a mend e d to read as f o l lows : 5-26-3 : OUTSI DE EMPLO YMENT {1) City em p l oyment shall b e conside r ed the prima r y employment ; and no emplo yee ma y eng a ge in outside emplo yment which in any manne r inte r fe r es with prope r and effective job performance , results in a conflict of interest o r which may subject City government to public c r iticism o r embarrassment . {4) Prior to engaging in outside emplo yment , the employee must provide the department head with sufficient nform tion ubout th outsid employment , including, but not limited to, the nature of mployment respon ibilities, hours of employment , and location of wo r k. Additional informat1on may be required by the individual department head. If the specific conditions of th outside employment ch nge , the emp oyee must lso notify the departm nt he d. ~a ur to noti!y the department head of outside employment m y be grounds for disciplinary action. (5) An mploye is prohibit d from ng g ng n employment activity, or ent rprise which involv s th priv te g in of th City' tim , f ciliti , quipm 11uppl , preat g , inform tion , b dg , or un Lorm , otherwiae approved by City Manag r. • ny u nt , XC fot ~t: ~ I • • • • Section 2. That Subsection (8) is added to 5-26-5 of the '69 E.M.C. to read as follows: (8) Interpretations of conflict of interest may be appealed to the City Manager. Introduced, read in full, and passed on first reading on the 20th day of June, 1983. 1983. Published as a Bill for an Ordinance on the 22nd 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 20th day of June, 1983. Gary R. Higbee I . • RESOLUTION NO. ~ SERIES OF 1983 .. • • • 1K A RESOLUTION OF THE ENGLEW OOD CITY COUNCIL COMMENDING THE EFFORTS OF NATIONAL SPORTS FESTIVAL V ON BEHALF OF AMATEUR ATHLETICS IN THE UNITED STATES AND WELCOMING THE NATIONAL SPORTS FESTIVAL TORCH RUNNERS TO THE CITY OF ENGLEWOOD. WHEREAS, National Sports Festival V will bring more than 2,600 of America's aspiring and established world-class athletes to Colo rado Springs June 24 to July 3, and WHEREAS, National Sporta Festival V offers United States amateur athletes the opportunity to co~lete under Olympic-like conditions, and WHEREAS, National Sporta Featival V provides world-class com- petition for American athletea and promotes the growth of amateur sports, and WHEREAS, volunteer ru nners have set out to ca rry the National Sports Featival torch to 56 Colorado Communities as a meana of calling attention to the importance of amate ur athletic cumpctltlon and tv further the splrit of the Olyapic games. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO that the City Council of the City of Englewood, on behalf of th citizen• of thia co .. unity, do comm nd the concept& and aoala of National Sporta Featival V and ita participanta and do welcome runner s bearina tha ational Sporta Featlval torch to the City of Engl wuod. ADOPTED AND APPROVED thh __ day of ----• 1983 . Euaene L. Otia, May r ATT! T: ex officio City Clerk-Treaaurer t, Cary l. Hi&b e, ex officio City Clerk-Treaaurer of th City t En lewood, Col rad , h r by c rttty that the abov ia a tru , ccur t and eo plete copy ot tolution • ______ , rl • u 19 3 • • • r l • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE June 20 , 1983 AGENDA ITEM SUBJECT PAVING DISTRICT NO. 29 A INITIATED BY --~c~i~t~y~Ma~n~a~g~e~r~--------------------------------------------- ACT I ON PROPOSED Award of Construction Contract for Paving pistrict No . 29 BACKGROUND: On April 18, 19a3, City Council approved on final reading Ordinance No. 16, Series 1983, creating Paving District No. 29. FINANCIAL: The costa of P ving District No. 29 improvements are borne by both the adjacent property owners, through special asaeasm nta levied for work done which bene fits their properties, and the City, through budgeted monies in the PIF for stre t nd lley intersection work, incidental storm sewer construction, f nee relocations, tree removals, engineering and inspection rvic a, etc. Estimated Exp nditurea: Construction (per bid) Paving D strict o. 29 Conat. Contingency Misc. Contact COnst. En;in rin; ' Survey n; M ac. Aaaeaa nt COats Legal/Pi cal r • n<S Inureat 2 S3ll. as. 30 15,599.22 23,000.00 32,000.00 14,1 .51 16,000.00 4l,OOO.OO S, 0.00 $458,821.03 E' d ; !or th C ty'a por on ot the PIP • 1200,000.00. ar project. Funding: Assess nts City of Engle $258,821.03 200,000.00 n • • • • ~B MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: June 16. 1983 SUBJECT: PUBLIC HEARING -GENERAL REVENUE SHARING In anticipation of General Revenue Sharing allocations to be utilized during 1984 and the requirements of lnw for public hearings concerning these allocations, please be advised that public hearings will be required prior to and after the allocations are determined. If we are to comply with the 1984 Budget Schedule previously sent to Council, that public hearing should be set for July 5, 1983, and it would be appropriate to set that date at the June 20, 1983, Council meeting. This hearing would provide our citizens an opportunity to let Council know their priorities on how they feel the revenue sharing funds should be used. {' In the past four-five years, it has been customary to also hold a pr -budget public hearing on the proposeu budget for the next fiscal year. This hearing is NOT required by Charter but has been utilized as an opportunity for Council to hear from citizens as to how they desire to see the City's fund spent prior to the staff putting th budget togeth r. However, it h not been our experience in the p st few years that many citizens have taken the opportunity to expres their do ires. Therefore it is your optjon as to whether you wi h to et a public hearing d te for thi . Sincerely, 4t?t;.~ p cc: P t r H. Var Gary lliab e, C ty M n i r n nc • • • • • -2- RECOMMENDATION: Five bids were received for the construction of Paving District No. 29 as follows: Western Paving Construction Co. Peter Kiewit Sons' Co. Siegrist Construction Co. Palisade Construction Co. Asphalt Paving Co. The Engineer's estimate was: $311,985.30 313,445.95 357,527.90 380,001.00 385,673 .35 $361,944.88 We recommend that the construction of Paving District No. 29 be awarded to the low bidder, Western Paving Construction Company, in the amount of $311,985.30. Western Paving Construction Company is a large, well-established firm with whil.:h we have had good experience on several occasions over the past many years. Con- crete problems from Paving District No. 25, constructed by Western Paving Construc- tion Company in 1978, were satisfactorily resolve~with corrective actions completed in June of 1982. RX/lo SUGGESTED ACTION: MOVED BY _____________ _ SECOND, ______________ _ YES NO -----------~~BSENT ___________________ _ • ) I • •