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Home My WebLink About1983-07-05 (Regular) Meeting AgendaCity Council .eeting -Regular July 5, 1983 • • • CITY COUNCIL MEETING July 5, 1983 • • • RESOLUTION ~ )H'. 38 , 39, 40 ORDINANCE I ptJ , t 32, 33 0 0 • • • • • .. • 0 l ( GEORG 1<0 RAO • • • • 7:30 p.m. 1. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL .~,...~ULY 5, 1983 c /~~~ /- Call to order, invocation by Father Franc s Kappas, Church of All Souls, 4950 South Logan Street, Pledge of Allegiance, and roll call. Minutes . (a) Minutes of the regular meeting of June 20, 1983. (Copies enclosed.) 2 . Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Mr . Pat Murphy and Robert B. Too£, Jr ., will be present to discuss the South Clarkson Townhomes planned development . (b) Mr . George Konrad representing Colorado Independent Automobil Dealer s Associat i on wi l l be present to discuss c oncern s o f t he Asso c i at ion members r garding the Sign Code . (Co p ies enc lo s ed .) Oth r Vbitora . to S minutu .) Public H arin . (a) To consid r th 198 4 Propoe d Bud g t.- (b) To conaid r C ner 1 R v nu Sharin Funde . • ( I • • • • Page 2 July 5, 1983 Agenda 6 . Communications -No Action Recommended. (a) Minutes of the Water and Sewer Board meeting of May 10, 1983. (Copies enclosed.) (b) Minutes of the Planning and Zoning Commission meeting of June 7, 1983. (Copies enclosed .) (c) Minutes of the Liquor Licence Authority meeting of June 8, 1983. (Copies enclosed .) (d) Minutes of the Downtown Development Author ity meeting of June 8, 1983. (Copies Enclosed .) Communications -Action Recommended . (a) Council Communication from the Planning and Zoning Commission concerning a planned development at 3324 South Clarkson Stree t. (Copies enclosed .) 7 . City Attorney . Ordinance s on Final Read ing. (a) (b) Ordinance approving an agreement be t ween t h e City of Englewood, Colorado, and the Cen tral Colorado Library Sy stem regarding reciproc a l borrowing program . (Copi s enclo s ed .) Ordi nance author izin g t h i ssuance of special asses s men t bond s of t h City of Englewo od, Co lorado, for Pavin District No. 29 , for the con struction and install tion of atr e t paving, curb and gutter and aid walk improvem nta, in said diatrict; pr acribin th form of th bo n da : and providin& for th paym nt of said bonds and the int r at th reon . (Copies nclos d .) • I . -• • • Page 3 July 5, 1983 Agenda 7 . City Attorney (Continued). ~~3~ \ ~~/ (c) Ordinance authorizing the issuance of use t ax refunding revenue bonds of the City of En gl e woo d, Colorado, in the total principal amount of $2,320,000, for the purpose of refunding val id and outstanding use tax revenue bonds of t he City; prescribing the form of said bonds ; pro- viding for the payment of the principal of and interest on said bonds from the revenues of t he municipal use tax; providing for the establishment of an escrow account for the payment of the bond s to be refunded; and providing other covenant s and details in connection therewith . (Copies enclosed.) ~ (d) Bill for Ordinance increasing members on the C-.3 ~ Parks and Recreation Commission to nine (9) ~ ~ members and providing that two (2) members ~ CJ . I ~ (). <;, 7 shall be under the age of 18 years by amend i n g ~~. ~-1 • Title X, Chapter l, Sections 1 and 2, of t he (\" d-~ f\ · 1 Englewood Municipal Code of 1969 . (Copie s · 1 v enclosed.) (e) Bill for Ordinance establishing Counc i l Districts within the City of Englewood. (Copies o f Bill and Recommendation of Election Commiss ion enclosed .) Resolutions . (f) Re s olu tion approving requirements fo r a permit t o cons t ruc t and t o use a sanitary s ew er system . (Co p i e s of Resolution and Recommenda tion of Wa t e r a nd Sewer Board enclosed .) Resolution of intent t o i s s ue I ndustrial Development Revenue Bonds to finance a project for Safeway Stores, Inc. (Copies enclosed .) Matt r cone min Darn of Englewood . (Copi • Attorney's Choice . - • Cob rly v s. Ci t y d .) I . -• • - Page 4 July 5, 1983 8. City Manager. ~ ~(b) Council Communcation from Directors of Public Works and Utilities regarding award of bid for purchase of hydralic hammer. (Copies enclosed .) Manager's Choice~l ~ pc 9. 10 . -~ ~N~'~"l-4""'--. General Discussion . CJ -£ 0 OA _ (a) Mayor • s Choice . -~ ~ L: \) 0 1\ ,(l.IJ~Luvv ~~- (b) Council 1'1ember • s Choice . (i) Appointments to Boards, Authori t ie s, and Committee . (Copies enclosed.) ~~c;( Adjournment:.-'"".h • .,.. D _ C A ,G ~---I.)._~~. V "(""--' --<~ ,~~cl:ij--<./>'I. ?A'~ ~"4-~ta McCOWN /).., 0 _ J... f) Q Manager 1 ot..O -b. 0 '> I.A:J' d_ d.Y ~o /f'IAJ ~ c5w. #~"t r>-.,u --w;~ ryd j 1.0 () lL I..~ 41i C) ... ':{ ~ • I . • • • • ·· Cl~tvt-a-) 11 t 3 J ~ 17 /YIIl fUJ~ ROLL CALL ' ~~~~---1 :& nt_ Moved Seconded rf'J Ayes Nay Absent . ¥19aay Neal Fitzoatrick Weist Bilo Bradshaw Otis ~ 1o ~ /)\. [J_"JpU (][}::, -Jo.L~ I(~~ ~'-' cf\ "'ru Q£ ~ oL9 J t l O , a..- fr~f_ }11(_ Ctu 7t{or.r f) a . Abstain I . • ROLL CALL Moved Seconded HTCiOav Neal Fitzoatrick Weist Biio Bradsh- Otis • • • • \ Ayes Nay Absent v-,. ~ v v-v- v • Abstain I • • • • • ROLL CALL Moved Seconded Ay~ Nay Absent Abstain -HT90av I Neal 7 ~ Fl tzpatrick 7 Weist I Silo 7 ,__.. Bradshaw Otls l -..- jp:_- I • • • - • • ROLL CALL Moved Seconded Aya1 Nay Absent Ab t . s a1n Hiqday Neal Fitzpatrick ' Weist Bi lo Bradshaw • Otis I . • • • • • • • I . . • • • • . ... . t ROLL CALL Moved Seconded atn Ayes Nay Absept Ab s t · qdav Neal Fitzpatrick Weist Bi lo Bradshaw . Otis cffb . ~~~<WI_ ~-:[; tt r Gro-v-u ~~.d "!Jr ~· c& )~. 1lJ-Ud~-~J ,didv-c N .A2U. ).1-/f-1 ~ t~ tf>ti:c. /Y\ j1 z;. .i- L S uhf't<l j ttl t • I v. t \) / ..-<L 11-.l. 'f •£t v -( t t l 6 '-o u 7 ~ v "' watz,)(.J - • I . ROLL CALL ved Seconded Higday Neal Fitzoatrick Weist Bi lo Bradshaw Otis • • • ~--· .... , Ayes Nay Absept , , . . Abstain ~~-to~ cbu -.~n ~ JlJ Cfu.JLcP n-Cl.ij_ ,._., ~"--' -'"--' ~4o z ~ ' - 1-hM -~a.u_ ~,~J tU~0£nu..vu '--6-tl Jl ~ ~ - /1)_/)U'Y ~~~ /l~Uci A ' /-/J /YY~ '1 I I ( (- ) • • I . I • - • • ROLL CALL Moved Seconded a1n Ayes Nay Absent Abst • Higday '· Neal Fl tzoatrick Weist Bi lo Bradshaw Otis r, I - /?fto .... ~~LA-< .. ~ ~,w -L f(t 1 J. d £ ' - I . • - Hoved c-: ROLL CALL Seconded Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis ~J.;.-t t, c1055 ,J • • - :r-• ... , Ayes Nay Absent c. t ;.) ;;) t.t. .fl..L- Abstain ') '-'-_:::;, 1 a_ I )' --L t~ L t_ ~ G-zJJI 'V. £it) -d. u l IOc /1{1 lj_ ~ '--"' 'v u ){_f Jc , lj -".~d ~ I .) (. ~ J j l t'l-l ._. - I • • • • • ROLL CALL Moved Seconded Ayes Nay Hiqdav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis ~· .>(, Absent . Abstain I - - - ~ I • • • • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal , Fl tzoatrick Weist Bi lo Bradshaw Otis J -()A. ./ 'l~ r~ r -t:ru,__ 6 v I ,_£\ czz{..(. a .,< I . • ) - lu • • • • ROLL CALL Moved Seconded Ay~ Nay Absent Abstain Hlgday v Neal I Fl tzoatrick 7 Weist I Bi lo 7 . v-Bradshaw \ Otis ' J • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n Hiqdav Neal ~ Fltzoatri ck Weist Bi lo • Bradshaw Oti s "' ;}nc.. Ctnu n -~~ ;; c~ 1 7~ jt} rf :f t j -/)~ f'J U /Ud r ()-(: -D c.-- 6:&3 11-/ ~ 1_( ,.I: J- 1 • • • • • ROLL CAll Moved d d Secon e A ~~ N ay Ab sent Ab sta1n Hiqdav I -Neal I # Fl tzoatrick I Weist I Bi lo I ,_,....-Bradshaw \ Otis \ • • • • • . ..... ROLL CALL Moved Seconded Ayes Nay Abse~t Abstain v Hlgday NeaT v Fl tzoatrick Weist Bi lo Bradshaw Otis I • • • • • • •• '. ROLL CALL Moved Seconded Ayes Nay Absent Absta " 1n Aloday Neal Fltzoatrick Weist Bi lo Bradshaw Otis - 4 ~ u<]i -)) ~ 4-L< 2 0 '-, 7 U.~ A (_.-1' I~ /{_..J'{_. --f.-.l L<.f J /)I Ltt ,j (} ;) ---- • . .__.,.._ • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ 1flgcfay \ Neal I Fl tzpatrick I Weist I # Bi lo v Bradshaw I Otis \ \. 0 • I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday £/ Neal Fi tzoatrick Weist .. v Bi lo Bradshaw Otis I • • • • • f ROLL CALL Hove d Secon ded Ayes Nay Absent Ab s ta in Higday Neal Fltzoatrick Weist . Bi lo Bradshaw Otis }he 61 ,..- r a_, -,Ll_-d ,..- ~"J ;tt C..t: '\_ C..6(/)~ --:1-0-f-{f "L -fl.,"\..<....- -L /Y (U v • • • • , f ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist ·~ Bi lo Bradshaw Otis I . • • - • • r ROLL CALL Moved Seconded Ayes Nay Absent Abstain '"" Hlgday \ v Neal I Fitzpatrick I Weist I Bi lo ( y Bradshaw \ Otis \ I . • • • • ROLL CALL Hove d Secon d ed A~s Nay b A sent Abstain H1gday ' Neal T ,.,... Fitzpatrick I Weist I v Bi lo 7 Bradshaw I Otis I ~ • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hl<lcfay \ Neal 1 Fltzoatrick I Weist I ........ Bilo I ,_......-Bradshaw I Otis \ ' 7b • • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain \ v Higday \ y Neal J Fitzpatrick I Weist 7 Bi lo I Bradshaw J Otis \ \ f2 (3 -1-J, 3 6 "3 I I . • • - • ' . • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis 1. 0. I • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain HfgdaY I -c..---Neal T Fitzpatrick I Weist I Bi lo l v Bradshaw - Otis - • I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ H1gaay Neal Fitzpatrick Weist 1,/"' Bi lo Bradshaw Otis ---- • • • • ROLL CALL Moved Seconded A~ Nay Absent Abstain Hiqday I Neal I Fitzoatrick I Weist r Silo Bradshaw Otis \ ~ I • • • - • . . • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -HI qday v-Neal - Fltzoatrick - Weist Bi lo - Bradshaw Otis ~ ___. • I • • • ROLL CALL Moved Seconde d A'/!Zs N ay b A sent b A sta1n Hlgday I Neal I -v Fi tzoatrick I Weist I Bi io v--Bradshaw I Otis \ " I • • • • - ROLL CALL Moved Seconded A yes N ay Absent Abstain v Hlciday Neal Fi tzoatrick Weist Bi lo -v Bradshaw I Otis I ~ IJ3 1 ~ 1-a:s-ff~w ({;:ODyrn I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fltzoatrick Weist -Bi lo Bradshaw Otis I • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain lqday Neal Fi tzoatrick Weist Rilo Bradshaw Otis I . • • • - • • ROLL CALL Moved Seconded A y~ Nay Absent Abstain Higday I ---Neal I Fl tzpat rick I Weist I Bi lo I ......., Bradshaw I Otis ~ • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H f!1cfa-v Neal Fltzoatrick Weist Bi lo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -.. Hlqday I Neal 1 L/" Fl tzoatrick Weist 7 v Bi lo I Bradshaw Otis f 1 ~~ Yi o(_ • • • • • ROLL CALL Moved Seconded s a1n Ayes Hay Absent Ab t · _HI gday Heal Fi tzoatrick Weist Bi lo Bradshaw Otis b 1 I D /~ · +~ j. -~ _ ~ ~ cL L • ( C-o ~~LVL ,do fu-U2Ldl... t • • - • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Fl tzoatrlck Weist Bi lo Bradshaw Otis -- • I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ....... Hlgday I Neal I v Fi tzoatrick 7 Weist Bi lo y-Bradshaw I Otis ' I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hf90ay Neal Fitzpatrick Weist Bi lo Bradshaw Otis q b II ~oJ-~ ~cf 13 ~ S W /L)2 ~·k-- ::S jJL-a,(b~-~ t dL 12<.-&f -~ CA!:d~~ 1 '"~:JZJ .s-0-1<~ --e-nz w rj ~"-(J L< c.,"\ rk /} 1' ~ [~tt L{f) ~ W 1..6~r c C « • • • • • ROLL CALL 1- con ed I/ I HT Qdav -A~ Nay I Absent Neal -1 I Abstain I I I 1 - Moved Se d 1--Fl ~znat rick We 1st "-- I I II -- -1-_!.:: Ri lo I-- Bradshaw -ll l Otis 1\ I'- - I --______...J t l • -• • • COUNCIL CHAMBERS City of Englewood, Colorado June 20, 1983 ltJ- REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on June 20, 1983. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Robert Thompson, Hampden Hills Baptist Church, Dartmouth and University Blvd. The pledge of allegiance was led by Boy Scout Troops 1115 and 1154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * Also present were: * * * * * * * City Manager McCown City Attorney DeWitt Assistant City Manager Vargas Deputy City Clerk Watkins * * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 6, 1983. Council Meaber Fitzpatrick sec- onded the •otion. Upon a call of the roll, the vote resulted as follows a Ayes a Council bers N al, Fitzpatrick, W ist, lilo, Bradshaw, Otis. ays: one. A a aina Council M •ber Hi9day. The yor d eland th motion carried. * • • * • • • • I • • • June 20, 1983 Page 2 • • • Mr. Tom Eggert, Board Chairman of the Denver Regional Council of Governments (DRCOG), was present and gave Mayor Otis two plaques for 1983 innovative awards won by the City of Englewood. Mr. Eggert stated one plaque was for Bi-City Wastewater Treatment Plant and Owen Engineering for first place in the category of productivity. The other plaque was for Colorado Intergovernmental Risk Sharing Agency (CIRSA) for second place in the category of cooperative service delivery. Mayor Otis thanked Mr. Eggert for the recognition and accepted the plaque s on behalf of the City. • • • • • • • There were no other visitors at this time. * • • • * * * COUNCIL MEMBER NEAL MOVED TO MOVE FORWARD AGENDA ITEMS 7(I), 7(J), 7(G), AN D 7(H), IN THAT ORDER. Council Member Fitz- patrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, We ist , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carri ed. Agenda item 7(1) wa s consideration of a resolution to au- thorize special assessment bonds for Paving District No . 29 . Seve B 11, Hanifen, Imhoff, Inc . came forward and dis- cussed th resolu ion. Mr. Bell stated one bid wa s received. Mr. Bell stated the bonds w re rather unique in that they were th firs in Colorado to be r qis ered. Mr. B 11 reco•mended awarding h bid to Hanft n, Imhoff, Inc. for the n t effec ive interea rate of 9.34903 • COUNCIL MEMB R ILO MOVED TO INSERT •HANIF N, I MH OFF, INc.• IN THE FIFTH • H!REAS• AND I THE PARAGRAPH NUMBERED •1• 0 THE RESOLUTION AUTHORIZI G THE 0 OS . Council M mber Fitzpatrick a conded he o Ion. Upon a call o h roll, the vote resulted •• follo ws: Ay S: Council M ra Higd y, N al, Fi zpa rick, ia , flo, Br dahaw, 0 ia. n The yo • • • • June 20, 1983 Page 3 RESOLUTION NO. 33 SERIES OF 1983 • • • A RESOLUTION AUTHORIZING THAT SPECIAL ASSESSMENT BONDS OF THE CITY FOR PAVING DISTRICT NO. 29, IN THE PRINCIPAL AMOUNT OF $349,100 BE ISSUED AND SOLD TO THE BEST BIDDER. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1983. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Bell stated bids were also received on this date for the use tax refunding revenue bonds, which will be in registered form. Two bids were received and Mr. Bell recommended the award be given to Kirchner, Moore. COUNCIL MEMBER FITZPATRICK MOVED TO INSERT •KIRCHNER, MOORE• IN THE FIFTH •wHEREAS•, AND IN PARAGRAPH NUMBERED •1• IN THE RESOLUTION AUTHORIZING THE USE TAX REFUNDING REVENUE BONDS. Coun - cil Member Bilo seconded the motion. Upon a call of the rol l , the vote resulted as follows: Ayes: Nays: Council Members Higday, Nea l , Fit zpatr ic k, We i st, Bilo, Bradshaw, Oti s . None. The Mayor de cl ar ed the mot i on c arr i e d . RESOLUTIO N NO. 34 SERIES OP 1983 A RESOLUTIO N APPROVING USE TAX REFU ND I NG RE VENUE BO NDS 0 THE CITY OP NCLE WOOD, I N THE PRINCIPAL AM OU NT OP $2,320,000 TO THE BEST BIDDER. COU NCIL MEMBER FITZPATRIC K MOVED TO PA SS R SOLUTIO N NO. 3 4, S RI S 0 1983 . Council M mbe r ilo seconded he o ion. Upon a call of th roll, he vo e resulted as follo ws: Ayes: Council M b r s Higday , N al, itzpa ric , W 1st , ilo, Br a dsha w, 0 la • • I • • June 20, 1983 Page 4 • • The Mayor de cl ared the motion carried. Mr. Be ll provided further detailed bid information con- cerning the special assessment bonds for Paving Distri c t No. 29. ORDINANCE NO. SERIES OF 1 983 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 29, FOR THE CONSTRUCTION AND I NSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENT S , IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROV IDI NG FOR THE PAYMENT OF SAID BONDS AND THE I NTEREST THEREON. COUNCI L MEMBER BI LO MOVED TO PASS COUNCIL BILL NO. 3 7, SERIES OF 198 3 , ON F I RST READING. Counc il Member F i tzpatrick sec-onded the motion. COUNCIL MEMBER BI LO MOVED TO AMEND THE MOTION AND TO I N- SERT IN COUNCIL BILL NO. 37 , ON PAGE 40, THIRD •wHEREAS• THE WORD S •HANIFEN, IMHOFF, INC.•; TO REMOVE PAGE S 41 AND 42 AND IN S ERT PAGES 41, 4 1 A, AND 4 2 ; TO I NSERT ON PA GE 4 1 UNDER 'A' I NTERE S T RATE THE PER CENTAGE S •7 .50 , 8 .00 \, 8 .2 5\, 8.50 , 8.7 5 \, 8.8 75 \, 8 .8 75 \•; 0 PA GE 4 2 , F I RST PARA GRAP H TH E NUMBER S •1 TO 350 •, THE MONTH •s EPT EMBER•, TH E 'B' I NTERES T RATE PER CE NTA GES •4.00 , 4.00 \, 3 .50 , 3 .50 , 3 .00 , 3 .00 , 3 .00 \•, FOR PER IOD TO •2-1-8 4 , 8-1-84 , 8-1-8 4, 8-1-8 4, 8-l-8 4 , 8-1-84 , 8-1-84 •; AN D I N TH E THIRD PA RAGRAPH THE NET EFFECTIVE RATE IS •9.3 4 90J •. Council M •ber Pi zpatric seconded the •otion . Upon a call of the roll , th vote on he amend•ent resulted as follow : Ayes: •v•: Council •b rs Hlgdey, Neal, rt zpatrtc , tat, Bllo, Bradah• , Otis. on • The Mayor d cl•r d he motion c rrled • • - June 20, 1983 Page 5 • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1983 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE TOTAL PRINCIPAL AMOUNT OF $2,320,000, FOR THE PURPOSE OF REFUNDING VALID AND OUT- STANDING USE TAX REVENUE BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND IN- TEREST ON SAID BONDS FROM THE REVENUES OF THE MUNICIPAL USE TAX; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAY- MENT OF THE BONDS TO BE REFUNDED; AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 36, SERIES OF 1983, ON FIRST READING. Council Member Bilo seconded the motion. Mr. Bell provided the following information concerning de- tailed bid information for the use tax refunding revenue bonds. On page 14, in the title, change $2,320,000 to •$2,325,000•. On page 16, insert in the third •Whereas•, the words •Kirchner, Moore' Coapany•. On page 16, in Section 1, change •$2,320 ,000 to •s2,325,ooo•. On page 17, under interest rates •10.50,, 10.50,, 10 .50,, 10.50,, 8.50,, 8.50,, 8.75,, 8.75,, 9.00,, 9.25,•; under Aaount, change 500,000 to •5o5,ooo•. on page 17 , next paragraph insert •9.0353•. On page 36 , Section 16, insert •s2,278,5oo•. On p ge 37, first new paragraph, replace •s • with •accrued in- terest on refunded bond s fro• May 1 , 198 3 to the closi ng date of the Series 1983 refunding bonds•. COUNCIL MEM B R EAL MOVED TO AM END COUNCIL BILL NO. 36 , S RI 0 1983 , BY I CO PORATING TH ITEMS AS INDICATED AND MADE A PART OP THE R CORD BY MR. 8 LL. Council •ber Silo seconded he o ton. Upon call of the roll, the vo e on th a nd•ent re- ault d as follo ws: Ay Sl ya: Council M mbers Higday, al, Pitspatric , ia , llo , 8radahaw, 0 ls . on • yor d cl r d h ao lon carrl d • • • • • • June 20, 1983 Page 6 Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO RECONSIDER AGENDA ITEM 7(J) THE RESOLUTION CONCERNING USE TAX REFUNDING REVENUE BONDS. Council Member Higday seconded the motion. Upon a call of the roll, the v ote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor decl ared the mot i on carried. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND RESOLUTION NO. 3 4, SERIES OF 1983, IN THE FI FTH •wHEREAS• FROM •KIRCHNER, MOORE, INC.• TO •KIRCHNER, MOORE, & COMPANY•, AS WELL AS IN THE PARA - GRAPH NUMBERED •1•. Counc i l Member Neal seconded the motion. Upon a c all of the roll, the vote resulted as follows: were: Ayes: Nay s : Council Members Higday, Neal, Fi tzpatr i ck, Weist , Bilo , Bradshaw, Ot is . None . The Ma yor declared the motio n c arr ied . • • • • • • • •communications -No Action Recommended • on the agenda (a) Minutes o the Planning and Zoning Co mlaaion mee ing o y 3, 1983. (b) Minutes of the Water and Sew r Board •eeting of May 12, 1983. (C) Minu ea of h Do wn o wn M nage•en Co••l tee • et1ng of May 27, 1983. (d) Minu •• of th oard o Adjuataen and App ala • e lng o Jun I 1983. • I . - • • June 20, 1983 Page 7 (e) • • ,. • Minutes of the Public Library Advisory Board meeting of June 14, 1983. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT •coMMUNICATIONS NO ACTION RECOMMENDED• AGENDA ITEMS S(A) -S(E). Council Member Bilo seconded the motion. Council Member Higday noted S(b) was minutes of the Parks and Recreation Commission not the Water and Sewer Board. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc i l Members Higday, Neal, Fi tzpatr i ck, Weist, Bilo, Bradshaw, Otis. None. The Mayor dec l ared the motion carried. ORDINANCE NO. 25 S ERIES OF 198 3 * * * * BY AUTHOR I TY * * * COUN CIL BILL NO. 24 INTROD UCED BY COU NCIL MEMBER BRAD S HAW AN ORDINAN CE APPROVING AN AGREEMENT WI TH URBAN DRAINAGE AND FL OOD CONTROL DISTRICT, THE CI TY OF ENGLEWOOD, AND THE CITY OF SHER I DAN REGARD I NG PLANN I NG FOR SHERIDAN OUTFALL SYSTEM BY CENT ENNIAL EN GI- NEER I NG , I NC. COUNCIL MEMB ER BRA DS HAW MOV ED TO PA SS COUN CIL BILL NO. 2 4, SE RI ES OF 1983, OM FI NA L RE ADI NG. Council Me a b er Bilo s e conded the aotion. Upon a call of the roll, t h e vote resulted as follo ws: Ayes: Council Members Higday, Neal, Fitzpatrick , w 1st, Bllo, Bradsha w, Otis. Non • yor declared the aotlon ca rried • OROINA CE O. 26 S ERI OP 1983 • • • * BY AUTHORITY * • * * COUNCIL BILL NO. 25 INTRODUC 0 BY COUNCIL ME MBER 8ILO I • - • June 20, 1983 Page 8 • • • 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. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1983, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 27 SERIES OF 1983 * * * * BY AUTHORITY * * * 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. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1983, ON FINAL READING. Council Me•ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Non • Th Mayor declared th motion carri d. ORDINANC NO. 28 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANC APPROVI G AN AGRE MENT WITH THE STATE OF COLORADO, DE- PARTMENT OF LOCAL AF AIRS, PROVIDING A GRANT TO THE CITY OF ENGL - WOOD IN TH AMOUNT 0 $150,000 FOR TH ESTABLISHMENT 0 A R VOLVING • • - • June 20, 1983 Page 9 • • • LOAN FUND TO ENCOURAGE ECONOMIC STABILIZATION AND JOB CREATION IN THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 1983, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CENTRAL COLORADO LIBRARY SYSTEM REGARDING RECIPROCAL BORROWING PROGRAM. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 33, SERIES or 1983, ON FIRST READING. Council Me•ber Neal seconded the •otion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Me•bers Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the •otion carried. OROI NANC NO. SERI S or 1983 * * * * BY AUTHORITY A BILL roR * • * * COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER ------- I • • June 20, 1983 Page 10 • • .. AN ORDINANCE AMENDING SECTIONS 5-26-3(1), (4) AND (5) AND 5-26-5(8) OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOYMENT PROVISIONS OF THE ADMINISTRATIVE PROCEDURES. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 35, SERIES OF 1983. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • RESOLUTION NO. 35 SERIES OF 1983 • • • • • • • A RESOLUTION OF THE ENGLEWO OD CI TY 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. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1983. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatri ck , We ist , Bilo, Bradshaw, Otis. Nay s: None . The May or declared the motion carried. • * • • • * * City Attorney DeWit discussed the findings of fact ade by th Career Service oard in he matter of Donald Bak r. COU NCIL M R ITZPATRICK MOV!D TO INSTRUCT CITY AT- TORN Y DEWITT TO APP AL TH AK R CAS DECISIO • Council ber Higday seconded the motion. Council M mber al a a d the ac ton to appeal in no way ta meant to darken h repu a ton of h nglewood Police Depar - en • Upon a call of he roll, he vote resulted • follows1 • I • • June 20, 1983 Page 11 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER NEAL MOVED TO AUTHORIZE THE CITY ATTORNEY TO SETTLE THE MATTER OF OLSON CONSTRUCTION V CITY OF ENGLEWOOD ALONG THE LINES DISCUSSED IN STUDY SESSION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * • • * • City Manager McCown presented a Council Communication con- cerning the bid award on Paving District No. 29. Mr. McCown re- commended awarding the bid to Western Paving Construction Company, the lowest bidder. Mr. McCown stated Western Paving was the con- tractor for Paving District No. 25, wherein some concrete problems developed. Mr. McCown stated the problems were satisfactorily re- solved and corrective actions taken. COUNCIL MEMBER FITZPATRICK MOVED THE CONSTRUCTION OF PAV- ING DISTRICT NO. 29 BE AWARDED TO THE LOW BIDDER, WESTERN PAVING CONSTRUCTION COMPANY, IN THE AMOUNT OF $311,985.30. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay s: Nays: Council Members Higday, N al, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COU CIL M MBER ITZPATRICK MOVED TO SET JULY 5, 1983 FOR A PUBLIC HEARING ON TH CITY 1984 BUDGET AND A PUBLIC HEARING ON GENERAL REVENU SHARING FUNDS AT 7:30 P.M. Council M mber 81lo seconded he •otion. Upon a call of the roll, the vot resulted as follows: • I • • • June 20, 1983 Page 12 Ayes: Nays: • • ,. .. Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown referred to the presentation of DRCOG awards and expressed special commendation to the Director of Fi- nance Gary Higbee for the cooperative service award for CIRSA, an insurance pool to which the City of Englewood belongs and Mr. Higbee is a member of the Board. Also, to Owen Engineering and the employees at the Bi-City plant for the productivity award. Mr. McCown stated with the productivity award was a cash award whi c h was turned over to the Bi-City pers o nnel for purchase of a mic ro - wave and refrigerator for breakrooms. Mayor Otis asked that appropriate letters c ommending these individuals be sent out. * * * * * * * City Manager McCown introduced Bill Lipicsky, who will be working as an intern in the City Manager's office for the next few months. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO GO INTO EXECUTIVE SESSION UPSTAIRS IN CONFERENCE ROOM TO DISCUSS NEGOTIATIONS FOLLOWING THE COUNCIL MEETING. Council Member Higday seconded the motion. Upon a ca ll of the roll, the vote resulted as follows: Aye s : Nays: Council Members Higday, Nea l , Fitzpatrick, We ist , Bilo , Br a d s haw, Otis . None . Th Mayor declared the motion carried. * * * * * * * There was no furth r business to be discussed. COU NCIL MEMBER BRADS HAW MOVED TO ADJOU RN. M yor Oti adjourned th meeting without a vote at 8:45 p .m. • I • • • • • TO: City Manager McCown FROM: Susan Powers, Director DATE: June 28, 1983 SUBJECT: Request of George Konrad to Appear Before City Council on July 5, 1983 Last night, Dorothy Romans and I met with several used car dealers on South Broadway as well as George Konrad representing the Colorado Independent Automobile Dealers Association. The purpose of the meeting wa s to discuss their concerns about the Sign Code and its impact on them. They are specifically concerned about the prohibition against pennants and banners, since they feel this is the only way the consumer can differentiate their car lots from a parking lot. Pennants, banners, animated signs , wind-powered devices and flashing or blinking signs were specifically prohibited by the Council in the ordin nee for tw o reasons. Primarily, they tend to distract the driver's attention from the roadway to the sign, which may cause a hazardous situation in heavily trav led business district with traffic signals, cross traffic, etc. Secondly, these types of signs are not aesthetically pleasing. Pennan ts and banners are not permitted in most oth r Sign Codes in the D nver area , and in fact, were prohibit d ven in our 1974 Sign Code. There seem d to b t wo options availabl to th car d al rs. individually requ at a varianc from th Board of Adjuatm t. f el this was th approach they want d to tak since it would on by-case b ia , and their r al oal was to have p nnanta and bann ra for all. Th s ond alt rnativ is to r quest that th Si n Cod b to permit bann ra and p nnanta. This would involv public the Plannin nd Zonin eo..iaai n and th City Council. The purpose of th ir pp aran to initiate this proc a if th b fore th City Council on July 5, 1983, is Council would consider it. Th ate! cr tea ith a inc want actual • nd do coupl d prohibit d h v d th I . - • City Manager McCown June 28, 1983 Page -2- • • • We would be glad to discuss this issue with the City Council if you would like . • • • ( • • • • ' COLORADO INDEPENDENT AUTOMOBILE DEALERS ASSOCIA"fiON 3ZOO WEST ZND AVCNUE , DENVER , COLORADO OOZIO ..... , ' Department of Planning 34DO South Elati Englewood, Colorado 80110 GGOACII KONRAD, •~~o acuTtV• Dtn•cTO" Lltct aTAAKCY , o.,,.,c• .. ,.,, ....... VIVIAN LEONHARD, •••cUTIY• ••cttaTAA'f' June 27, 1983 Ladies and Gentlemen of the Zoning Department: RE: SIGNS PROHIBITED IN ALL ZONED DISTRICTS I am George Konrad Executive Director of the Colorado Independent Auto Dealers Association with over BOO member dealers in the State of Colorado. We would like to direct our remarks to Ordinance, Series 129 of 1982 espec ially Council Bill 122.7-6-F pertaining to penants, valances and wind powered dev ices. In driving around the city and observing the different methods that businesse s and 1ndustr1es use to advertise their products, at their place of businesses, covers a variety of different methods. Many use different combinations of color s , some have a slogan, some have awnings that are retractable and could be viewe d as wind signs, and others have wind signs attached to their buildings with a slogan such as; "dri ve through or eat here" or whatever. We especially no ticed t several food chains that have umbr ellas made of fabrics that could be construed as wind signs on the ir patios. But the one we especially not i ced, and the zoning ordin nee s ems to allow, 1s the United St tes flag that 1n one case is on abo t a 40 oot polo and 1s ving out into am in thoroughfare. Other small r u.s . an Col r do flags that re close to ground level looked terribl b cause of their ~oond1tio n, hich ere very much in need of being laundered. ow 1 thi n~ we 11 f el patriotic but to us th1 condition is h rd r for us to digest than ny p n nt that ay ~ av1ng 1n the wind ov r us d ear lot • . .... .. ...., .. . . . • I . • - • /I " t:(:' ~l . \. ·/ . • • ,. . ~ .. ~~ • j ' ! t ~ 01 ,f .~ ~ •: J f -~ '• ~. , , ' : I . RE:: SlGNS :PROHIBlTED>IN ALL ZONED DIS1l'RICTS JUNE 27 ~ 1983 . . ,, PAGE f2 ·· . L~dies and · gentlemen, we would like to bring to your attention th~t many of the used car dealers operations are ~11 and are located on property that many times \" . is not )no~iced unless there is something to attract attention to a ·certain location • . \ The following are a few suggestions that we feel might be helpful: l. We ' ~IOUld suggest that all bUii1nesses buy an annual permit for thiS purpose. 2. That the penants and (or w1nd signs) be kept in a presentable condition .·at all times. 3. l hat the enforcement section of the zoning department could site any merchant that would not stay within the guidelines of the regulations. " We feel that in this manner the merchant would at least have an option in using penants , (or wind signs) which he does not now have,. We ~hink that you would agree with usi that when using penants (or wind signs) in di splaying products, it is much more attractive especially when displaying in an open area. At thi' point we m1ght just mention that we have also been in touch with the Denver Zoning Administrator Dorothy Nepa, and she feels that we as an industry are not out of line in ask i ng for this consideration. So ladies and gentlemen of the council, please give us t his consideration in your county, and we especially want to thank you for your time and courtesy in allowing us to bring this situation to your attention. I' ... . . Respectfully, L .. ~If!)~ ~g onrad Executiv Oir ctor .. 'IJ •' ... : • .... ,. "... ~,;,;. ~J.r , ; .,!, a .. . . • I . - ( • WATER AND SEWER BOARD May 10, 1983 Regular Meet i ng • • - The meeting was called to order at 5:05 p.m. Charlie Best declared a quorum present. Members present : Members absent: Be st , Hav i land, Fi t zp atrick , Fullerton, Giseburt , Otis, Lay Higday 1) APPROVAL OF THE APRIL 19, 1983 MINUTES. The Board concurred with the April 19, 1983 Englewood Water and Sewer Board regular meeting minutes . Mr . Fullerton moved; Ms .Haviland seconded: Ayes : Nays : Members absent : Mo ti on carried. 2) BEAR CREE FILTER PLAT . To approve the minutes of the April 19, 1983 Water and Sewer Board regular meet i ng. Best, Haviland, Fi tzpatri ck, Fullerton, Giseburt, Otis, Lay None Hi gday M . d th Board o the contract appro v d by the C1 ty lia nager wi th C p, Dr sser & e to pr pare plan and bi dding doc nts for the chlorin in j ection ac11ity for th B ar Cr k P p St at ion. Injection at Bear Cr would all ow the Allen Plant to d cr a e th a unt of chlorin rel ased into t syst t th All n Plant , while insuring r s1 du 1 chlor1n at th r te r s of th syst • • ....... ( • • .. 3) BLACK & VEATCH STUDY . The City Manager approved a contract with Black and Veatch Consulting Engineers to update the cash flow analysis and bonding feasibility study prepared October 21, 19B2. Mr . Fonda stressed that time was of the essence because after July 1, 19B3, administrative costs for bonding will increase. 4) FIRE HYDRANTS. Mr . Fonda met with the Fire Chief, the City Attorney and the Assistant City Manager to discuss the funding of fire hydrants. It was agreed that the Fire Department would determine how many additional hydrants were needed and which of these were critically needed. Figures will be available by early summer. 5) OUTSIDE CITY WATER TAP POLICY. A developer has requested water service at 700 West Belleview in littleton. Mr. Fonda explained the present system is designed for service within the existing City limits only, and very limited capacity for service exists outside the City limits. The Board reviewed the existing policy regarding new water service outside the City limits and reiterated the policy of not negotiating with any developer outside the City limits. Negotiations will only occur at the request of a general purpose government (city, county), and wi ll only be with that government. Furthermore, Englewood will only contract wi th a general purpose government outside of its City limits for water s erv ice. In addition, water service outside the City limits will be discouraged for the following reasons : 1 . Engl od would be restri cting i ts own future abil ity to grow. 2. The contract with Miss ion Viejo provides a vehicle to mar et any additional supplies the City y acquire in the future. 3. T probability o c ing nd r PUC r gulat1on increas as additional cust r ar acquir d outsid City limits. 4. T r 1s 1 control ov r cu t rs outsid Ci y 11•1 s t insid City liMits. n 5. any ney on outs d rn d by si ly 1nv st ng 6. T 0 ater should us d to build th Ci y'S 0 Pa 2 o 4 • • •. Mr. Giseburt moved; Ms. Lay seconded: Ayes : Nays: Members absent: Motion carried. • • • That the policy of negotiating and contracting only with general purpose governments (not individuals or special districts) for water service outside the En gl ewood City limits be continued and that additional service outside the City li mits of Englewood be discouraged for the reasons enumerated above . Be st, Haviland, Fitzpatrick, Fullerton, Giseburt, Otis, Lay None Higday 6) UNION AVENUE PUMP STATION. The Board reviewed the proposed contract with the Colorado Water Conservation Board for construction of a dam, intake and pump station. The cost of the intake and pump station will be divided between the Conservation Board ($882,100) and the City of Englewood ($392,255). The U.S. Army Corps of Engineers will be building the dam. Mr . Giseburt moved; Mayor Otis seconded: Ayes: ays : rs ab nt : t ion carrt d. To recommend to City Council approval of the contract between the Colorado Water Conservation Board and the City of Englewood fo r the construction of raw water fa cilities at Union Avenue. Best, Haviland, Fitzpatric , Fullerton, Giseburt, Otis, Lay on H gday 7) NTAI 8 LL/CITV DITCH A wi h untain CU d t I , 0 • • I • • • • • r· • 8 ) CONN ECTOR 'S AGREE MEN T. Mr . Fonda updated the Boa r d on the progress of t he St anda r d Connec t or's Agreement . Meeting adjourned at 6 :1B p.m. The next Engle wood Water and Sewer Board me eti ng wi l l be TUES DA Y, JU NE 21, 1983 at 5:00 p.m. in the Lib r ary Confe r e nce Roo m. Re s pectfully submitted, Cathy Burrage Recording Secretary P 4 of 4 • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION June 7, 1983 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Vice-chairman Marjorie L. Becker at 7:00 P. M. Members present: Becker, Carson, McBrayer, Stoel, Venard, Allen, Barbre Romans, Acting Ex-officio Member s ab s ent : Senti, Tanguma Alao present: Senior Planner Susan T. King Planner I Larry D. Yenglin II. APPROVAL OF MINUTES. Hay 3, 1983 Mrs . Becker tated that the Minutes of Hay 3, 1983, were t o be co nsidered for approval. Carson moved: Stoel seconded: The Minutes o f the meeting of Hay 3, 1983, be approved as written. AYES: Carson, Mc Brayer, Stoel , Al l en, Barbr , Becker NAYS: None ABSTAIN: Venard ABSENT: S nti, Tanguma The motion c arri d. III . CONDI TIO AL USE 2855 So uth Broadwa y Hra. Beck r aak d tor a action to op n t h Public H arin • II rbre aov d: CAS E 110-83 Carson a con d d: The Public It rina on Caa 110-83 be op ned. AYES: NAYS: AB ! T; Bray r , Sto 1, Venard , Carson, All n , Barbre , Becke r, Carson ne S nt1, Tan wu Th aott n car r1 • I • • -• • • -2- Mr. J. D. Jacobs 4794 South Olathe Way Aurora, Colorado 80015 -was sworn in. Mr. Jacobs stated that he had nothing further to add to the information con- tained in the staff report. Mrs. Becker stated that she wanted to complement the staff, applicant, and Commission on the landscaping that is proposed as a part of the development of this site as an auto mechanics shop. Mr. Carson asked when the landscaping was proposed to be planted. Mr. Jacobs stated that the landscaping would be done in conjunction with the construction of the building, or immediately following construction. Mr. Carson asked whether there is any way to assure the installation of the landscaping. Mrs. Becker noted that a condition for approval is that no Certificate of Occupancy shall be issued until the landscaping is in place. Mr. Allen asked if a landscaping plan has been submitted by the applicant. Ms. King stated that the landscaping plan is part of the overall site plan submitted by the applicant. Mr. McBrayer asked what is proposed for the "future addition" area indicated on the plans; will this be blacktopped or left open. Mr. Jacobs stated that he proposes to sub-let this area; it would be a small one-bay addition to his establishment. Mr. Jacobs stated that this would be paved over for th time being. Mr. Venard stated that the background information in the staff report in- dicates that this site w s us d as a service station at one time; h sked whether the underground fuel tanks have b en removed. Ms. King stated that the Oriental Refining Company u ed th sit as an office , and recalled no ref renee to underground t nka. Mr. McBrayer noted that in other cities fuel tanks hav to b r mov d prior to r mod lin of buildings for a us that is not "fuel orient d." Mrs. Ro ana au g sted that th matt r of und rground tanks, if th r would be handled at the tim applica- tion is made for buildin Mr. All n asked wh re thia sit is in lo ation to th Mra. Beck r atat d approxiaat ly on -half block aouth H • Sus n Kina waa worn in in the 0 parta nt of Coa-unity 0 v the public notice that wa pu lith 1983 nd a copy of th C rtlfl~at r ord. d P ater Caa Station. nd across th str Pl t. Kina atat d that t n and wh h r th h und r round atoraa with d o 1 'tbr pr H 10 l b c:l • • • • • -3- AYES: Steel, Venard, Allen, Barbre, Becker, Carson, McBrayer NAYS: None ABSENT: Senti, Tanguma The motion carried. Mr. Carson questioned whether the new Sign Code would apply inasmuch as this is a new building. Mrs. Romans stated that the Sign Code would apply. Mrs. Becker noted that the Planning Commission makes the final determination on the Conditional Use; this is not referred to City Council. Mrs. Becker asked the pleasure of the Commission on this request. Carson moved: Allen seconded: The Planning Commission approve as a Conditional Use the proposed auto mechanics shop at 2855 South Broadway with the following conditions: 1. No body work, dismantling, or collision repair shall be permitted . 2. Motor vehicles b ing serviced or stor d whil e waiting to be serviced or called for, shall not be parked on the street, in th alley, on the sidewalk, or in the parking strip. 3. All work shall b perform d within n encloa d structure. 4. No mat rial or part the pr iaea outsid shall be deposit d or stor d on of an encloa d structure. 5. An Occup ncy P r.it shall not b iasu d until th land- scaping is installed. AYES: Sto 1 , V nard, Allen, Barbr , B ck r, Carson, AYS: Non Bray r ABSENT: Tan u a, S nti Th aot1 n carri d. IV. Hn. a aoti n t p -th publi h artn • nCa 111-3 rbr I It r, C r on , lr '1 to T1 d • •• r t • I • • • - -4- the staff. Hearing no questions, Mrs. Becker asked that the applicants make their presentation. Mr. Pat Murphy 4931 West Corals Drive -was sworn in. Mr. Murphy stated that he and his partners have reviewed the staff report, and con- cur with that report. Mr. Murphy gave the background of Mr. Robert Toof, president of Eagle Trace and a contractor and developer since 1972; Mr. Gary Petterson, a member of the Appraiser Group and a certified real es tate appraiser, and himself, president of the Murphy Corporation and involved with contracting and development since 1973. Mr. Murphy noted that the Murphy Corporation developed a Planned Development in the 3500 blocks of South Sherman/South Lincoln in 1973, and he believes that this development was done to the satisfaction of the City. The proposed development is for five townhomes in the 3300 block of South Clarkson Street. Mr. Stoel asked how soon the applicants planned to begin construction of the townhomes. Mr. Murphy stated that as soon as the approval of the plan is given by the Commission and by City Council, and they obtain financing from FHA, they hope to begin construciton in July. Mr. Allen questioned the number of parking spaces, and the size of the spaces. Mr. Murphy stated that 8.5 off-street parking spaces are required; the development will provide 10. Mr. Murphy stated that part of the spaces are for com pact vehicles, nd part are for standard-size vehicles. Mr. Carson asked if the parking wa s adequate in number and siz of spac . Mr. Yenglin stat d that the 10 parking spaces to b provided m et the require- m nts of th Compreh nsive Zoning Ordinance , and confirmed that the develop- ment is r quir d to have 8.5 parking spaces. Mr. Yenglin pointed out that ad v lop nt aay hav up to 50% of the spaces designated for compact cars. Mr. McBrayer a k d if h und rstood that the d velopment was to hav asphalt hingl ancl be of stucco finish. Mr. Murphy stated that this is corr ct. Mr. All n that th Mra. Pl nn 'o on k d in wh t pric ran thes units will be. Mr. Murphy tated r n e h s b n timated to b in th $65,000 to $70,000 figure. that th plana tndicat stairs going down, and asked Murphy atat d that th r would b an un- h v no wlndowa and no plumbing; th un(inish d for ator and 1 undry f c111ti a in fav r of th propoa d nyon wiah d to ap ak in oppoaition. in oppoaition of th propo d d velopm nt. ra. B ck r th n ak that • ff• b r Y nglin b worn in. d t Mr. Y in th to th r 1'\111 II rin nCa Ill-3 b lo d. • I • -• • • -5- AYES: Venard, Allen, Barbre, Becker, Carson, McBrayer, Stoel NAYS: None ABSENT: Senti, Tanguma The motion carried. Mrs. Becker asked the pleasure of the Commission on the Planned Development. Carson moved: Stoel seconded: The Planning Commission approve the Planned Development proposed for 3324 South Clarkson Street, and refer the matter to City Council for a favorable consideration. Mrs. Becker asked if there was any discussion. Mr. Venard asked if the submission of a drainage report should be requested as part of the motion. Mrs. Romans stated that a drainage report has been submitted to the Engineering Department and it has been approved. M.r. Carson asked that it be specifically noted in the Minutes of this meeting that there was no opposition to th reques t for the Planned Development. Mr. Allen stated that h ha r viewed the plans for the proposed development, and it looks like a good d v lopment to him. Mrs. Becker also commended the developers on th ir plans, and s tated that the Commission is very in- terested in improving the housin stock within th City. The vote was called: AYES: Allen, Barbre, 8 ck r, Carson, McBray r, Sto 1, Ven rd NAYS: None ABSENT: Senti, Tanguaa Th motion carri d. V. PUBLIC FORt~. Mrs. B ck r ask d if nyon in th audi nc want d to address th Commission. o one wish to do so. VI. ATTORNEY'S Cl\OIC • Mrs. 8 ck r stat d that sist t City A torn y M nzie 1 ill, and could not att nd this v nin • Mrs. Ro ns had no hin to r rt. VUI. 0 • u • I • • • - -6- the packet. This workshop will be at the Glandale Community Center on June 25, and will be from 8:00 A. M. to 12:30 P. M. She asked if Com- mission members were to make their own reservations, or if they were to be made through the office. It was suggested that Connnission members who wanted to attend this workshop notify the Secretary, who would make the reservations. Members who indicated they wanted to attend the workshop were: Mrs. Becker, Mr. Venard, Mr. Barbre, Mr. Carson, and Mr. Allen. The secretary was instructed to check with Mr . Tanguma and Mr. Senti on their attendance at the workshop. Mrs. Becker expressed her concern about odo rs from the Waste Water Treat- ment Plant; she stated that she had driven by the plant recently and that the odor was very bad. Mrs. Becker stated that the formal business meeting would now adjourn and the Commission would reconvene in Conference Room A for a study session on the Condominium Conversion Ordinance, and on the Design Guidelines for South Broadway. The formal meeting adjourned at 7:40 P. M. "' "' "' . . The Commission reconvened in Confer nc Room A at 7:45 P. M. Present: Absent : Becker, Allen, Barbre, Carson, McBrayer, Sto 1, V nard T nguma, Senti Also pre nt: Susan Powers, Director of Community D v lopm nt D. A. Rom ns, A sist nt Dir ctor -Pl nning Susan T. King, Senior Pl nn r City Attorney Rick D Witt Chief Building lnsp ctor Pittman Fire Chi f Jam s Brom n Fir Mar h 1 Walt Groditaki I. CONDOMINIUM CONVERSIO Mra. B ck r k d for lta!f di utai n on th Condoain1u• Conv r t n c by th C'OIIpllat ion ctora f lt not d 1 It Q • ( ( • • .. -7- Discussion ensued. Ms. Powers stated that the City Council had concerns regarding the draft of the proposed ordinance that was referred by the Commission, and some of those concerns dealt with requiring converted condominiums to comply with existing codes. The Commission, then, asked that the Building Division and Fire Department develop a list of mandatory compliance items for their consideration, which has been done. Mr. Allen stated that two sets of standards had always been of concern to him. Mr. Allen stated that compliance with the standards set forth by the Fire Department and Building Department would bring older buildings up to a reasonable standard of safety. Mr. Pittman stated that the Colorado Code Change Committee developed basic guide lines for life-saf ty criteria for existing buildings. He stated that he and the Fire Department representatives added to this basic document such things as a fire alarm system. Mr. Pittman pointed out that the basic document on life-safety criteria was adopted in 1979 and revised in 1982. Mr. Pittman stated that in this last week, he had gone through an existing apartment building to determine whether it could be converted to condominium units by meeting these standards, and felt that it would be possible to convert to condominium units without being cost prohibitive. Mr. Pittman discussed the n ed for smoke detectors, fire alarm systems, and elevator systems with a manual over-ride. Mr. Pittman stated that he felt these were basic requirements, and are not excessive. Mrs. Beck r ask d how the Fire Department would have access to a complex with security doors. Chief Broman suggested that the Fire Departm nt should hav key to s curity box, which would contain a k y to th com- plex; this was lik ned to th l ock boxes used by r altors. Mr. Pittman stated that th factors for the c s m ba ic cone rn r th fir nts. Chi f Bro n atat d that it would be at th option o f th wh th r or no th fir alarm s at would b ti d directly. rcial, industrial, for th sid ntial nt ty f atur a will have to b conv rt d ach dul d. I . • • • -8- imagine trying to convert units without "someone telling me if it's practical." Ms. Powers stated that if the ordinance has the life-safety features clearly spelled out, a developer should be making this determination on his own, or hiring someone to determine the practicality of conversion. Discussion en- sued. It was suggested that either an architect or engineer should certify compliance of units with the life-safety factors. Ms. Powers asked if some type of certified report would be required with the application. Discussion ensued. Mr. McBrayer stated that he felt the staff should not be deciding whether a complex can convert to a condominium; he felt that the City should establish a set of guidelines, and it would then be up to the developer to determine if his building can meet this criteria. Ms. Powers stated that she assumed that the Commission wanted notification of the tenants left in the proposed ordinance. It was the consensus of the Commission that notification to tenant s should be included in the pro- posed ordinance. Discussion ensued. Chief Broman asked if the "application" is for a building permit to do work on the units, or for approval to convert to condominiums . Ms. Powers stated that she was referring to whether an application is needed to convert. Mr. McBrayer stated that he felt the staff should point out matters, such as notice to tenants, that might require a time element to the developer. Mr. Allen st ted that he felt the staff should make sure people understand the rules they have to comply with. Mr. Groditski, Fire Marshal, posed th hypothetical situation wherein someone would come in and state v rb lly that their building conformed to all the lif -safety f ctors, and want d p rmission to conv rt to condominiums , but does not bring in any pl ns of th building o r verification of complianc with th r quirementa. Mr. Grodltski tat d that h f lt ther is a need for aom certific tion of compli nc with the life-saf ty rules, and fores w potential problems if this was not r quired. Discussion nsu d. Mr. McBr yer stated that if th building m eta th guid lin , th staff should not be involved. K . Pow rs pointed out that if an up-front report is not requir d, how do s th staff kn w if th buildin a tually do s m t th requirements. Mrs. B ck r f lt that th taff would still b involv d on the matter of notification of t nanta, f lt th r ah uld b c rtification that the building do s m nts. cB ray r que tion d why th staff would hav to t nant notification • • Powers pointed out that quir d by St t t tu Mr. Sto 1 point d tion was &iv n to th t nanta, lr w uld b th Courts, not y th at Cf. • • ( ( • • • • -9- placed on the staff to determine whether the building does, in fact, meet those life-safety requirements. Mr. Pittman stated that he felt there should be some certification by an architect/engineer that the building does comply with the regulations. Mr . DeWitt questioned the difference between the conversion of units and new construction . Mr. Pittman stated that in the conversion of existing units, one has to look at something that is already built, vs. something that is to be created . On existing units, he would not know what is hidden behind the walls, for instance. Mr. McBrayer stated that he understood Mr. Pittman to want a signed letter or report certifying compliance. Mr. Pittman stated that a signed certifica- tion of compliance would put the liability back to the licensed architect or engineer, and not on the City. Mr. Allen asked what other cities are doing about this. Mr. Pittman stated that he knew Glendale requires compliance with existing codes. Discussion ensued. Mrs. Becker asked if the staff felt they had e nough input from the Com- mission to come up with an ordinance. Ms. Powers asked if there is a need for an "application" to convert. Mr. McBrayer stated that he felt the Commission wanted verification of compliance from an architect, and the staff could then verify the compliance. Mrs, Becker asked if it was necessary to include in the ordinance provisions on the notification of tenants if there is a State Statute governing this. Mr. DeWitt stated that he would want to double check on th wording of the State Statute to verify what is required. Ms. Powers suggested that a general draft shall be prepared for the next meeting, and a public hearing b s t following that meeting. Ms. Powers stated that she would lik to thank th Building Dep rtm nt and Fir Department personnel for their work on the life-safety provisions nd for th ir att nd nc at th m eting. II. DESIGN GUIDELINES Ms. aiv that Kr. a , whic h w CASE 11 2-83 • ( • • ,. • -10- the proposed loan program. Ms. Powers asked that Mr. Don Ensign discuss the design guidelines. Mr. Ensign stated that the City Council request to have something done on South Broadway generated the facade improvement/design guidelines program. He stated that the focus on Broadway would be the first phase of the re- development project. Mr. Ensign discussed several approaches that hav e been considered on Broadway improvement, and stated that this design guide- line concept is a compromise proposal. Mr. Ensign stated that there will be funding available from the 1982 HUD grant to finance the facade drawings, and funding for the revolving loan program would come from the 1983 CDBG grant. Mr. Ensign made reference to a schematic illustration of South Broadway, which illustration depicts the present development along South Broadway, and also depicts on the lower part of the illustration what South Broadway could be following the facade improvement. Mr. Ensign stated that the intent of the program is to get Broadway back to the way it was in facade appearance at the time the buildings were constructed. Mr. Ensign stated that the approach is to create "continuity", and noted that along Broadway the lots are 25 feet in width, and the buildings appear to be of consistent widths. The provisions state that a building may be four stories; however, the fourth story must set back 12 feet from the right-of-way. On buildings two stories or more in height, it is suggested that the first floor be set back from the right-of-way to provide for weather protection and facade shadow. Mr. Ensign stated that a "sign zone" has been identified on each building. Materials have also been addressed, and Mr. Ensign noted that existing buildings along South Broadway are primarily masonry. Mr. Allen asked if he understood there would be no new development on Broadway? Mr. Ensign stated there would not be unless someone bought land and raz d an existing building. Mra. B cker stated that a sh and if a property owner will b - ( ( • • • -11- approved by City Council. Mr. DeWitt stated that the landscaping ordinance has not been prepared yet, and he isn't sure when it will be. He pointed out that there have been several law suits filed, and matters coming in from other departments, which have been given priority over the Landscaping Ordinance. Mrs. Becker stated that she understood the Commission approved an "ordinance" when they recommended the landscaping regulations to City Council. Mr. DeWitt stated that what the Commission approved must be put in ordinance form, and noted that other matters from the Planni ng Commission, such as the B-DD Zone District and the Zoning Map amendment, have been dealt with. Mr. DeWitt noted that with the resignation of Assistant City Attorney Thomas V. Holland, he and his staff have not had time to get to all matters. Mrs. Romans pointed out that the Commission recommendation was submitted to the City Council on May 16th, with body then referred it to the City Attorney for preparation of an Ordinance. Mr. DeWitt estimated that it would be sometime in July before the Landscaping Ordinance would be before City Council. Several members of the Commission expressed displeasure and concern with the performance of the City Attorney's office. Mr. Allen asked if Broadway would retain a State Highway designation and whether there would be medians constructed in the center of South Broadway. Ms. Powers state~ that merchants have expressed concern about the proposed medians, feeling that there is not sufficient right-of-way along South Broadway to accommodate the medians. EDDA has determined the m dians would be unacceptable along South Broadway. Mrs. Beck r asked if parking would still be permitted along South Broadway. Mr. Ensign stat d that parking will be permitt d. H understands that City Council is committed to study th Floyd Avenue r ealignment, and that a major effort will be mad to address traffic problems. Mr. Allen stated that at on tim , consid r tion was given to r moving all traffic from South Broadw y; is this still und r consideration nd does it h v m rit? Mr. Ensign stated that th mall will n be along West Girard Av nue. Traffic will still b allow d along South Bro dway. Mrs. romans pointed out that South Broadway do s not have a Sta d sicna tion north o£ u. S. 285. Mra. B ck r 1f " sideration b diacuaa • kin& th d ter.ination thi would hav to b by DIU d. Hr. Highway Mr. nt would will b he !elt is not in- B-DD Diltri n; S uth b t n 11-1, will epply • • - • • -12- The meeting concluded at 9:20 P. M. • • ( • • • • LIQUOR LICENSE AUTHORITY MINUTES June 8, 1983 The meeting was called to order at 7:30p.m. in Conference Room A of Englewood City Hall by Chairperson Donald Styes. Roll was called. MEMBERS PRESENT : MEMBERS ABSENT : ALSO PRESENT : Donald Styes, Frances Cosby, Ronald Lunders, Lloyd Bryan, Ronald Blanchard None Charles Grimm, Assistant City Attorney Brenda Castle, Recording Secretary • • • The minutes of the meeting of May 11, 1983 were approved without a motion . • • • Joan Wilson of O'Reilly 's Saloon, 90 West Belleview, Englewood, Colorado, requested approval of her remodelling plan whereby she would be adding a fenced area in the rear of her establishment . Within the fence would be tables, horseshoe pits, plants, etc . MR. LUNDERS MOVED, AND MR . BLANCHARD SECONDED, TO APPROVE THE REQUEST TO CHANGE, ALTER OR MODIFY THE PREMISES OF O'REILLY'S SALOON, 90 WEST BELLEVIEW. AYES : Styes, Cosby, Lunders, Bryan, Blanchard NAYS : None The ~tion carried. • • • MS . COSBY MOVED, AND MR . LUNDERS SECONDED, TO RENEW THE LIQUOR LICENSES OF KEN'S LOUNGE, 2893 SOUTH BROADWAY, AND SHOWBIZ PIZZA PLACE, 1001 WEST HAMPDEN. AYES : NAYS : The .ation carried . Styes, Cosby, Lunders, Bryan Blanchard • • * . Cosby and r . Blanchard told th Mbers of the Authority that they would not pply for another t ""on the board when theirs xpire on August 4, 1983 . * * * There be ng no urt r bu ness to discuss, t ttng wts adjourned at 8 :00 P·•· I . • • • ENGLEWOOD DOWN~OWN nEVELOPMENT AUTHORITY 3535 S . Sherman -Englewood, CO 80110 MINUTES June 8, 1983 ScL Boa rd ~embers Present: Bush, Close, Coleman, Gasson, ~olthaus, Maxwell, eal Board Members Absent: Kaufman, Mausolf, Owens, Pendleton Staff Present: M. Haviland, P. Dietrich Guests: Andy McCown, Susan Powers, Dorothy Dalquist Chairman Casson called the regular meeting of the EDDA Board of Directors to order at 12:05 PM on June 8, 1983. Mr. Casson noted a change in the minut s from th Hay 11 , 1983 m eting to re- flect th amount o' the f~ecutiv Dir ctor's sal ry incr.ase. With that change noted, Mr. Maxwell moved, seconded by ~s. Bush, to approve the minut a from the ~ y 11, 10 3 m eting. Th tion was pass d unanimously by voice vot • r. N al moved, second d by ~s. Bush, to approve the billa for payment and to accept th Tr surer's R port. The otion was passed unanimously by voic vote. CHAIPMA'''S ~ 1. l'oard "ac: ncl a - n un ~7, 1 3, rDunc:11 will tnt rvi w th 11et of candidat a appoint a on art r tha a pos 1bl • J', Au u t 11 I . • - • •• • I . • • Page Two Regular Meeting Minutes June 8, 1983 DIRECTOR'S REPORT • • • Broadway Survey -Mr. Haviland reviewed the results of the Broadway survey for public and private improvements. Sixty-four percent of the respondent s indicated an interest 1n the grants for design assistance. Rlock identifi- cation and lighting were the most highly rated public improvements. It was also noted that the public improvements that vere mentioned were rated some- what neutral overall. Property Owner ~eetings: The EDDA is 1n the process of contacting all the property owners on South Broadway to explain to them the grant and loan programs that are available. It was decided that Board members should be present at th se meetings to clarify any questions. Management Team -THe Management T m is in the process of interviewing architects for design work on South Rroadway. A decision will be mad during the week of June 13 as to the architect (a) involved with this project. Negotiations -Susan Powers explained the proposed interiq con tract b tw en Brady and th rban Renewal Authority , with deadlines for signing the develop- ment agr nt. Also, specific studies aust b C08pleted b Brad • ~r. Maxw 11 raised the qu stion of what if th aark ting tudies indicated hat there is no ne d for a project of this nature at this tim . OTH l -Th re was th Br dy studies to direct t k ttna unani.ou discussion as to the merits of having an informal r vi of done by the EDDA. Mr. al mov d, a onded by Mr. Col n, utiv Dir ctor to undertake an 1nforaal revi w of th aar- ntly betna undertek n by Brady. Th action was pass d vote. vote Susan Po rs announced that nie Lod parkin lo in 4, 1~!1). Th re baina no !urth r u in t tna w will located in th o th Sh raan, atnnln on djourn d a 1:25 P.M. • - .. • • • • ORDINANCE NO. dq SERIES OF 1983 BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 1. 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 Englewood residents direct access to materials owned by participating libraries. Said agreement consists of three typewritt n pages and is incorporated herein by reference as Exhibit A. Section 2. That the City Council of the City of nglewood, Colorado, hereby authorizes the Mayor of Englewood to subscribe his name to said agreements for and in behalf of the Englewood Public Library and the Director of Finance, ex officio City Clerk- Treasurer, atte st the same. In roduc d, read in full, and 20th day of June, 1 83 • saed on first reading on the 1983. Published s a ill for an Ordinance on the 22nd day of June, ad by title and passed on fin l r ding on th 5th day o July, 19 3. • • • • Published by title as Ordinance No. _______ , Series of 1983, on the 6th day of July, 1983. 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee 2 • I . - • • ' • • • Hay 16, 1983 AGREEMENT The E" lewood Public Library aaraea .to parti- cipate in tife Reciprocal Borrowina Proaraa of the Central Colorado Library Syatea for the period October 1, 1982 to and includina Septe.ber 30, 1983 and to accept the followina con- ditione of participation: 1. To extend nor.al lendina and uae privileaee to any patron froa any participatina library who hae a library card valid for reciprocal borrowina. 2 . To keep accurate etatietica of uae •• required by CCLS for calculation of pay.enta. 3. To be reiabureed and to .. ke pa:r-ta aa required under the proaraa accordin& to the attached diatribution for- -la. 4. To follow the procedure• eetabliahed by the CCLS Board. (attached) Attachaente foraina part of thie aareeaent A. Reciprocal Borrowina Procedure• dated May 16, 1983 B. For.ula for Calculation of Reciprocal lorrowtna Payaenta dated Hay 1, 1983 For the participatina library Naaa Title For C trel Colorado Library Syat .. ... Title :'1(~18• A ,, • I • .. • • • May 16, 1983 Attacbaent A Reciprocal Borrow1na Proc .. urea 1. Each participatina library will keep accurate daily tranaaction atatiatica on foraa auppliad by CCLS and will provide theee atatiatica to CCLI at. the end of each -nth. 2. Theae atatiatica are cumulated -nthly by CCLS, Sep- teaber 1 thru Auauat 31. CCLS will provide a quarterly report. 3. Pa,.anta era deterained by applJinR the for.ula to the atatiatica of each participatina library for the period covered. 4. Tranaactiona to Jefferaon County reaidenta are not cbarae- able unleaa made to Jeffco patrona boldin& a card valid for reciprocal borrowina. S. Creditor librariea receive a atate pa,..nt per tranaaction and a local matchina pe,_nt per tr•aactton. 6. Local utchin& pa,.anta for debtor libreriea vUl be Mde to CCLS within 60 claya of receipt of ia1r0ice. 7 . CCLS wUl Mke State peJMDta to creditor librel'iaa by Sept .. ber 30 of the reciprocal borrowina year. CCLS vlll forward local utchina payaenta to creditor librariea wh n all debtor library payaanta have beea received in full. • • • • Hay 1, 1983 Attachment B Foraula for CalculatioD of leciprocal lorrovina PaJ!!Dt• 1. Calculate credit tran .. ctiona/debit tran .. ct1ona: If nuaber loaned ia hiaher than nuaber borrowed, a) loaned -borrowed • credit tran .. ctiona If nuaber borrowed 1a h1fher tha nuaber loaned, b) borrowed -loaned • da~it tran .. ctiona If a), then library 1a a creditor library. If b), then library ia a debtor library. 2. Calculate atate payaent to creditor 11brar1ea: Por each creditor library, credit tranaactiona x $.275 • atate p!Z!!Qt 3. Calculate loc:el aatchtna paJaeftt froa debtor ltbrarteer Por each debtor library, debit tranaacttone x •• 275 • local !ftch1ga Daxatnt • I . - • • , ORDINANCE NO. c:q SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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; 7 /l NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. 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 Englewood residents direct access to material s owned by participating libraries. Said agreement consists of three typewritten pages and i s incorporated herein by reference as Exhibit A.. Section 2 . That t he City Counci l of the City of Englewood, Colorad o , hereby a uthori ze s the Mayor of Englewood to subscr i b e his name to sa i d agre m nt a f o r and in behalf of the Englewood Publi c Library and the Dir ecto r o f Finance, ex offi c io City Clerk- Trea su r e r, att st the same . Introduced, read in full , and pa s ed on first r e a ding on the 20th day of June, 19 3 • Publish d aa a Bill for an Ordinance on the 22nd d y of June, 1 83. R ad by title nd passed on final reading on the 5th day of July, 1983 • • • - • • ' • • • Published by title as Ordinance No. ~~ , Series of 1983, on the ~day of July, 1983. !3-th Eugene L. Otis, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance f~sed on final reading and published by title as Ordinance No.~, Series of 1983. Gary R. Higbee 2 • • - . · • ' • • • May 16, 1983 AGREEMENT The En lewood Public Library aareaa .to parti- cipate in dfe Reciprocal Borrowing Proaraa of the Central Colorado Library Syat .. for the period October 1, 1982 to and including September 30, 1983 and to accept the followina con- ditione of participation: 1. To extend nor.al lendin& and uae privileaea to any patron fro. any participatina library who haa a library card valid for reciprocal borrowina. 2. To keep accurate atatiatica of uae aa required by CCLS for calculation of pa,.anta. 3. To be reilaburaed and to -ke pa,-ta aa required under the program according to the attached diatribution for- mille. 4. To follow the procedures eatabliahed by the CCLS Board. (attached) Attachaenta forain& part of thia aare .. ent A. Reciprocal Borrowina Procedures dated May 16, 1983 B. Pormula for Calculation of Reciprocal lorrov1n& Pa,..nta dated Hay 1, 1983 For the part1cipat1na library Nm Titb for C ntral Colorado Library yet .. N Title • ,• • • .. • May 16, 1983 Attachment A Reciprocal Borrovina Proc .. urea 1. Each participatin& library vill kaep accurate daily tranaaction atatiatica on foraa aupplied by CCLS and will provide theae atatiatica to CCLS at. the end of each 110nth. 2. Theae statiatica are cuaulated 110nthly by CCLS, Sep- tember 1 thru Auauat 31. CCLS will provide a quarterly report. 3. Payaenta are daterained by applylnl the fo~la to the atatiatica of each participatin& library for the period covered. 4 . Tranaactiona to Jafferaoo County reaidanta are not chara•- able unlaaa .. da to Jaffco patron• boldina a card valid for reciprocal borrovina. S . Creditor librariaa receive a atata pay.ent par tranaaction and a locd .. tchin& payaent par traoaactioo. 6. Local .. tchin& pa,.anta for debtor librariaa vUl be .ada to CCLS within 60 day a of receipt of iawice. 7 , CCLS vUl MU ltate paJ'IMlU to creditor librariea by Sept .. ber 30 of the reciprocal borrovina year. CCLS vill forward local aatc htna payaanta to creditor librariea vhen a ll debtor library payaanu have been received in full. • • - I • • I • • • Hay 1, 1983 Attachment B Foraula for Calculation of leciprocal Borrovina PaJ!!Dt• 1. Calculate credit tran .. ctiona/debit tranaactiona: If nu•ber loaned ia hiaher than nuaber borrowed, a) loaned -borrowed • credit tran .. ctiona If nuaber borroved ia hiaher thaD nuaber loaned, b) borrowed -loaned • delt1t tran .. ctiona If a), then library ia • creditor library. If b), then library ia a debtor library. 2. Calculate atate payaent to creditor librariea: For each creditor library, credit trenaactiona x $.275 • atate p!J!!Dt J. Calculate local aatc~inl payaent froa debtor librariea: For each debtor library, debit tranaactiona x $.275 • local tchiga paywcnt • • • • • • • 72 BY AUTHORITY ORDINANCE NO. 3 0 SERIES of 1983--COUNCIL BILL NO. 37 INTRODUCED BY COU~ MEMBER BILO 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 street paving, curb and gutter and sidewalk improvements, together with necessary incidental costs, which will be assessed against the property included within the district, shall not exceed the amount of $349,100, and that bonds of the City for the District should be issued in this amount: and WHEREAS, in accordance with the City Charter and a resolution passed on Ma y 16, 1983, the City Council has ad- vertised for the sale of Special As sessment Bonds and said bonds in th amount of $349,100 have b n award d to Hanifen, Imhof Inc.7 and WHEREAS, t ia now necessary to provid for th asuanc of aid bonds nd the for and p ym nt th r of; BE IT ORDAINED BY TH CITY COUNCIL OP THE CITY 0 ENGLE D, COLORADO: -4 0 - • 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 Englewood for Paving District No. 29 shall be issued for the purpose of paying for local improve- ments constructed in the District. The bonds shall be in the principal amount of $349,100, shall be dated August 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 registered bonds without coupons and shall be due and payable on August 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 given by the Bond Regis- trar 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 registered owner of each Bond to be redeemed in whole at the address shown on the registration books maintained by the Bond Registrar. Fa il ure 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 fund s for their redemption are on deposit at the place o f payment at that time. Th e Bonds s hall bear interest payable semiannually o n e ach February 1 and Aug us t 1 , commencing on Februar y 1 , 1984, a nd shall mature on August 1 , 1 994, a s follows : Int rest Amount Bond Nube r s R t $12 4 ,100 1 to 125, i n cl. 7 .50 60 ,000 126 to 185, incl. 8 .00 45,000 186 to 230 , incl. 8.25 35 ,000 231 to 265, i n cl. 8.50 35,000 266 to 300 , i n cl. 8 .75 25,000 301 to 325 , incl. 8.875 25,000 326 0 350 , incl. 8.875 -4 1 - • I • • • • In addition to the "A" interest rate indicated above, Bonds numbered 1 to 350 inclusive, shall bear additional •a• interest for the period from September 1, 1983 to the dates indicated below, or to the redemption date of the Bond, whichever is the earlier date, such •a• interest being payable on the same dates as the "A" interest, during said period of time: •a• Interest For Period Bond Numbers Rate To 1 to 125, incl. 4.00' 2/1/84 126 to 185, incl. 4.00' 8/1 /84 186 to 230, incl. 3.50' 8 /1/84 231 to 265, incl. 3.50' 8/1/84 266 to 300, incl. 3.00' 8 /1/84 301 to 325, incl. 3.00' 8/1 /8 4 326 to 350, incl. 3.00' 8/1/84 Such •a• interest shall be evidenced by an appropriate instrument, which shall be fully registered. The maximum net effective interest rate of this issue of Bonds shall be 9.34903' per annum. Section 2. Paying Agent and Bond Registrar. The principal of the Bonds shall be payable in lawful money of the United States of America at The First National Bank of Englewood, in Englewood, Colorado, (the "Bond Registrar") or its successor to the registered owner of each Bond upon pr a nt tion thereof . Notwithstanding anything contained in this Ordinanc to the contr ry, interest on the Bonds shall b pay ble to h p r on in whose name such Bo nd is reg1stered, at his or her ddre s as i appears on th re9 i rat ion books maintain d by or on b half of th City , at th clos of busin sa on th R cord 0 , such d t be ng the fifteen h (15 h) day o he cal ndar mon h n x pr c d- ing the inter s pa~ent d te, x ch nge of such Bond subs qu n such interea pay n da Such paymen or dra of the Bond 9 a rar. -4 2 - o any tranaf r or Da shall b nd pn o r o p id by ch ck I • - • • • • Section 3. Execution of Bonds. The Bonds shall be signed with 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. 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. Section 4. Form of Bonds. The Bonds shall be in substantially the following form: • 42A - • • • 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 The City of Englewood, Arapahoe County, Colorado, for value received, hereby promises to pay 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 semiannually thereafter on February 1 and August 1 each year, until such principal amount is paid, unless this Bond shall have been previously called for redemption and payment shall hav been duly made or provided for. Principal of this Bond is payable in lawful money of the Unit d Sta es of America at The First National Bank of Englewood, in Englewood, Colo rado, as bond r g istrar and paying agent (the •B ond Reg is- trar"). This Bond is subj ct to c 11 nd redemption in direct n rical order o th iasu o! which it is one, on ny in erest payment da e, upon payment of par and ecru d interes to the date ot r d mp ion. Paymen of ach tns allm nt of inter s hall b •ade o th register d o wn r her of who se n m shall pp r on the r 18 r 10n books o he Ci y ain ain d by th Bond R gis r r h close o busin on h 15 h day o h c 1 nd r mon h n x pr c: ding h n nd sh 11 b paid by ch ck or • I • • - • • • • draft of the Bond Re~istrar 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. This Bond is issued for the purpose of paying the 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 pledged, a special fund designated as "Paving District No. 29 Bond and Interest Fund", wh ich Fund shall contain initially any monies in the construction account remaining after the cost of improve- ments has been paid in full and thereafter to contain the proceeds from special assessments to be levied against the property in- cluded wi thin the District and specially benefited by the con- struction and installation of improvements therein. The assess- ments to be levied will constitute a lien on and against each lot or tract of land in h respective amounts to be apportion d by an ordinance of th C1 y. In addition, in accordance wit h th City Charter, and the Ordin nc authorizing the issu nee of this Bond, when ver four-fifths ( 4 /5) of the bonds of this issu have been p id nd cancelled, and paid in im h r on, h n int r at du unp id sses or ch r or h ld o for ny r so n th r m inin ssess nts re no 0 ke up h r maini ng bonds and h he Ci y shall pay sa d bonds wh n du nd th h reon nd r mburs i sel by collec 1ng h th District . no consti u • d b 0 h Ci y 0 h Ill n1ng o ny cons i u on 1, • y 1on or provu on , and sh ll no b cona1 r d n r 1 obll ton 0 h C1 y. -44 - • I • - • • • . . • It is hereby certified and recited that all requirements of law have been fully complied with by the proper of fice r s of the City in the issuance of this Bond, and that the t otal am ount 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 int e r est thereon the City pledges all of its lawful corporate powers. REFERENCE IS HEREBY MADE TO , FURTHER PROVI SIONS OF THIS 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 Regi s trar. 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 signatu re of the Director of Finance, ex-of f icio City Clerk-Treasurer, all as of the 1st day of August, 1983. CITY OF ENGLEWOOD, STATE OF COLORADO (FACSIMILE S E A L ) By: __ ~(~F~a~c~s~l~·m~i~l~e-=S~i~g~n~a~t~u~r~e~)~-- May or ATTESTED: Direc or of Flnance , e x-offlcio Clty Clerk-Tre sure r [For of Trust e 'a Certificate of Authentica ion] CERTIFICAT OF AUTHENTICATION Thts ond 1 on o th onds o he wlthln m ntioned ond Ordinanc • he issu d s c 1b d 1n D te o gi s r 10n and Auth n lC ion: TH -4 ~ - FIRST ATIONAL ANK 0 NGL WOOD , ond gis rar • • • • • • ,. - {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 o wn er of each Bond to be redeemed at the address shown on the registration 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 spe<:-ified 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 ord r to close, then the date for such payment shall be he next succeeding day which is not a Saturday, Sunday, legal hol1day or day on which such banking institutions are uthoriz d to clos , nd payment on such da e shall h ve the same fore and effect a 1f m de on h nominal date of p ym n • Th Bonds re issu ble only 1n h form of reg is r d bonds without coupons in the d nomina ion of $1,000 each . Th las r and h ond R gu r r shall not b r qu r d { l o 1 u or o ntng o onth n x n 0 rans ny Bonds durin no t -4 p r od begtnnlng h {15 h) day of h c lend r d t or 0 paym n d e iv n o ) 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 of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the trans- feree in exchange therefor. Bonds may be transferred upon the registration book s 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 R gistrar, duly executed by the own r of the Bonds to be transferred or his attorney-in-fac or legal representative, con aining written instructions as to the details of the transfer of such Bonds, along w1th the social security number or federal mployer identification number of such trans- ! ere and, if such transf ree is a trust, th name and ocial security numb r of the se tlor of the proposed ransf ree. In all cases of the transfer of a Bond, the Bond R gistrar shall enter th ransfer of own rahip in the regia ration books nd sh 11 au h n icate and d liver in h n m of h trane or tr na- fer a a n w fully re iater d ond n the same matur1ty, aequ n ial nu ber, nd pr1nc1pal oun wht ~h h at h earli at p c rana r requtr y h Bond -47 - am tnter a ra y shall p r 1 • ton 0 th • for h 0 r c iv y 0 ny n 0 h • - • , • • • 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 (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 guaranteed: (Bank, Trust Company of Firm) -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. pelivery 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 shall accept a Bond for registration of ownership only if ownership thereof is to be registered in the name of an individual, a corporation, a partnership or a trust, and only upon receipt of the name and address of each o wn er , the social security number of each indivi- dual, the tax identifica ion number of each corporation, partner- ship or trust and the soc1al security numbers of th settlor and b n iciari a o each rust • (b) Bonds may b ranaf rred upon the registration books upon d l1very of th Bonds to the Bond Registrar, accompanied by a writt n instrumen or 1n truments of transfer in form and with guaranty o signature aa iafactory to h City nd th Bond -4 • I • - , • • • • Registrar, duly executed by the owner of the Bonds to be trans- ferred or his at to rney-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 al l 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 denomination of $1,000, of the same maturity, sequential number and interest rate, which the registered o wner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. There shall be no transfer fee charged by the Bond Registrar for such transfer. (d) The City and Bond Registrar shall not b required ( i) to issue or transfer any Bonds during a period b ginning at the close of business on the fifteenth (15th) day of the c lendar month next preceding ither ny intere t payment date or of selec ion of Bonds to be r d med nd nding at th business on th 1nterest paym n or d y on which th any date cloa of pplic- able notice of red mp 1on is giv n, or (ii) to tr nsfer any Bonds a 1 ct d or c lled for r d mpt1on 1n wh ole or n p rt. ( ) N w Bonds d l1v r d upon any r na r shall b valld • th sp c1al obll t1ons of th C ty, vid nc1n th d b Bonds surr nd r d, shall b s cur o all o th y an xt n a h onds sur -50 - hu Ordinance and shall • h r o to h a • • • • (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. Whenev er 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 transfer, 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 installing 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 th bonds nor any subsequent holder of the same shall b responsible for the application of the proceeds of the bonds by the City or ny of its officers. All or any portton of the bond proceeds may be t mpor rtly 1nvested or reinvested, p nding such use, in s curi- ies or obltg ions which ar lawful investments for such munlcl- pallties in th State of Colorado. It is hereby covenant d nd re d by h C1 y ha he mporary invea m nt or re1nveat _n 0 h bond ptoc e 8, or ny por on thereo , shall b 0 auch n ure nd ex nt, and for auch period, tha bond a of he Ct y shall no b come "arbltr 9 bonds" Wl hin ning of s c 10n 103(c) 0 he In rnal v nue Cod 0 1954, as ended, and 1n n r ul 1ons, and auch Pl"OC da, 0 nv a d or -51 - • I • - , • • • reinvested, shall be subject to the 1 imitations and restrict ions of said Section 103(c), and pertinent regulations as the same now exists or may later be amended. Sect ion 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 initiall y 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 amo unt to pay six months' i nterest on outstanding bonds for the District, th e City shall call for payment, on the next interest payment dat e , outstanding bonds in direct numeri c al order with funds available therefor. After the expiration of the period for cash pay- ment s of assessments in full , the City sh all, to the extent possible, pay each year not less than 10 of the total amoun t of bonds outst nd1ng f er the payment of th bonds with the proceed s of such cash payments of assessments in full. issu hav when coll 1ng cov n n a Sec ion 11. Additional Secunty for the Payment of In addition , 1n wi th the when ver four-fifths (4 /5) of the bonds of this b en pud sa• nts are np id c ton 1 2. nd cancel! d, and for any reason th re- not p id in tim to tak up the re aining h n th Ci y shall pay said bonds due hereon n rei•bura s 1 by f y h Coun 11, o Th City Counc1l n s, or upon nd upon ac- can b I • • • • • • definitely asce rta ined, it will cause a statemen t showing t h e tota l cost of the improvements to be pr e pared and filed in the office of the Director of Finance. The Ci t y Council shall f u rther cau s e assessments to be levied against the property included within th e special improvement district and specially ben ef ited by the construction and installation of such improvement s , in ac- cordance with law and the Charter of the City. • • Section 13. Severabilit~. That if any on e or more sections or part s of this Ordinance shall be adjudged unenforce- able or invalid, such j udgment shall not affect, impair or in- validate the rema i ning provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Sect i on 14. Repealer. All Ordinances or par ts thereof in conflict with th is Ordinance are hereby repealed. Sect i on 1 5 . Ordinance Irrepealable. After s a i d bond s are issued, this Ordinance shall be and rema i n i rrepealabl e until said bond s and t he intere st thereon shall h ave been full y pa i d, satisfi ed a nd d isc harged • Section 1 6. Hearing. In a cco rdan ce with S ect i on 4 0 of t h e City Charter, the C i t y Coun cil s ha ll hol d a public hearing on this ordin an c e, befor e fi na l passag e, at 7 :30 P .M. on Tuesday , July 5 , 1983 . Sec ion 17. P ubli ca tio n an d Effective Date . Ordinanc after its final passag e , s h all b and the adoption and publication shall b This numbered and recorded , auth nticated by the s1gnature o f he Mayor and the Director of Finance, ex-officio C1ty Cl erk-Tr a s ur r, and by the C rtific te of Publi c atio n. Thi a - 5 I • • • • • 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. Read by t1tle and passed on final reading on the 5th day of July, 1983. Published by title as Ordinance No. 1983 , on the 6th day of July , 19 83. , Series of Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the C1ty of Englewood, Colorado , hereby certify ha he above and foregoing 1s a true, accurate, and comple e copy of he Ord1nance No. , Series of 1983. Gary R. H1.gbee -54- • I . • • • 72 BY AUTHORITY ORDINANCE NO. dO COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL SERIES of 1983 ____ _ MEMBER BILO 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 street paving, curb and gutter and sidewalk improvements, together with necessary incidental costs, which will be assess d against the property included within the district, shall not exceed the amount of $349,100, and tha bonds of the City for the Dis rict should be issued in this amount; and WHEREAS, in accordanc with th City Charter and a resolution passed on Hay 16, 1983, th City council has ad- vertised for the sale of Sp cial As aessm nt Bonds and said bonds in th a ount of $349,100 hav ben ward d to Hanit: n, I hoff Inc. 1 and WH REAS, it is now nee ssary to provid for he issuanc of aaid bonds and the form and paymen th reo : IT ORDAINED Y TH CITY COU CIL 0 TH CITY 0 ENGL 0, COLORADO: -40 - • • -• • • 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 Englewood for Paving District No. 29 shall be issued for the purpose of paying for local improve- ments constructed in the District. The bonds shall be in the principal amount of $349,100, shall be dated August 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 registered bonds without coupons and shall be due and payable on August 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 given by the Bond Regis- trar 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 registered owner of each Bond to be redeemed in whole at the address shown on the registration books maintained by the Bond Registrar. Fail ure to give such notice by mailing to any Bondholder, or any defect therein, shall not affect the valid ity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption dat e provided funds for their redemption are on deposit at the place of payment at that time. The Bonds shall bear interest payable semiannually on each February 1 and Augu st 1, comm ncing on February 1, 1984, and shall mature on August 1 , 1994, as follows: Int reat ount Bond ub ra Ra e $12 4,100 1 to 125, incl. 60,000 126 to 185, incl. 4 5 ,000 186 to 230, incl . 35,000 231 0 265, incl. 5,000 2 6 0 300, incl. 25,000 301 0 325 , incl. 25,000 326 0 350 , incl. -4 1 - I . • • • In addition to the "A" interest rate indicated above, Bonds numbered 1 to 350 inclusive, shall bear additional "B" interest for the period from September 1, 1983 to the dates indicated below, or to the redemption 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: "B" Interest For Period Bond Numbers Rate To 1 to 125, incl. 4.00% 2/1/84 126 to 185, incl. 4.00% 8 /1/84 186 to 230, incl. 3.50% 8 /1/84 231 to 265, incl. 3.50% 8/1/84 266 to 300, incl. 3.00% 8 /1/84 301 to 325, incl. 3.00% 8 /1/8 4 326 to 350, incl. 3.00% 8/1/84 Such •s• interest shall be evidenced by an appropriate instrument, which shall be fully registered. The maximum net effective interest rate of this issue of Bonds shall be 9.34903% per annum. Section 2. Paying Agent and Bond Registrar. The principal of the Bonds shall be payable in lawful money of the United States of America at The First National Bank of Englewood, in Englewood, Color do, (the "Bond Registrar") or its successor to th r gistered owner of each Bond upon presentation thereof. Notwithstanding anything contained in this Ordinance to the contrary, interest on the Bonds shall b payable to the person in whose name such Bond is r 9 istered, at his or her address as it appears on the registration books maintained by or on behalf of the City, at the cloa of busin as on th R cord Date, such dat be ng the fte nth (15th) day of th cal ndar onth n x prec d- ing the int r st payment date, irr ap ctiv of any transfer or xchange of such Bond subs quent to such Record Date nd prior to such int paym nt dat Such payment shall b p id by ch ck or draf h sond R gia rar. -42 - • • • • • Section 3. Execution of Bonds. The Bond s shall be signed with 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. 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 pu'rposes. Section 4. Form of Bonds. The Bonds shall be in substantially the following form: -42A - • • 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, Arapahoe County, Colorado, for value received, hereby promises to pay 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 semiannually thereafter on February 1 and August 1 each year, until such principal amount i s paid, u n less this Bond shall have been previously called for redem p t ion a n d payment shall have been duly made or pro vided for. Pri ncipal o f this Bond is paya b l e in lawful money of th Un l ed S ta tes o Americ a t The F i rst Na t i o nal Bank o f Engle wood, i n Engle d , Colorado , a s bond r gis t r ar and pay i ng g e n (the "Bond R gu- t r a r "). This Bond ia subject to c 11 and red 111pt1on in daec numer cal ord r o h iaaue of which i is one, on any in paym n date , upon payment of par and accru d inter a to th d e o r d mpt 1on . Paym nt of ch install n of int rest shall b mad o th r gister d h reo whose n me shall app ar on h r g a ra 10n books o in ain d by he Bond R g ia rar the close o busin •• on 15 h day o he c lendar on h n x prec ding th n paym n d te nd ah 11 b p d by ch c or -4 • -• • ,. • draft of the Bond Re~istrar mailed to such registered owner at his or her address as it appears on such registration books or at such other addre ss as may be furnished in writing by such registered owner to the Bond Registrar. This Bond is issued for the purpose of paying the 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 pledged, a special fund designated as "Paving District No. 29 Bond and Interest Fund", which Fund shall contain initially any monies in the construction account remaining after the cost of improve- ments has been paid in full and thereafter to contain the proceeds from special assessments to be levied against the property in- cluded within the District and specially benefited by the con- struction and installation of improvements therein. The a s sess- ments to be levied will constitute a lien on and against each lot or tract of land in the respective amounts to be apportioned by an ordin nee of th C1ty. In add i tio n, in acco rdanc wi h the City Charter, and the Ord in a n c a u t ho rlzing th is s uanc of thi s Bond, wh e n e v e r f ou r -fif hs ( 4/5) of th e bo nd s o f th is i ss ue have b e n paid and c nc 11 d , and for any r a son th r a n i nq a sses a m n t a r not paid in o ke up h rema ning bonds nd h n er a th r on , th n th Ct y shall pay said bonds wh n due and th 1nterea unpaid ngle woo 0 ch r or h ld r 0 ue hereon and r uaburae i self by coll ct 1n th Dis r c . ond no cons u d b 0 h Cl y 0 w h1n h Ill nin 0 u on 1 , • a u ory ion or prOVlS o n, ah 11 no b conud r en r 1 o l1 1on 0 Cl y. -44 - • ) • • • • 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 BOND SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FUL LY 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 Regi s trar. 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-officio City Clerk-Treasurer, all as of the 1st day of August, 1983. (FACSIMILE S E A L ) ATTESTED: (Facsimile Si~nature) Director of Flnance , x-officio City Cl rk-Tre surer CITY OF ENGLEWOOD, STATE OF COLORADO By: __ ~(~F~a~c~s~i~m~i~l~e~S~ig~n=a~t=u~r=e~) __ ___ Mayor (For o Trus e'a C rtific t of Auth n ica ion) CERTIFICATE OF AUTHENTICATION the wi Da o nd Au ond ta on of the Bonds of th is ue d scrib d in Bond Ordinance. TH FIRST ATIONAL ANK OF ENGLEWOOD , as Bond R g a rar -45 - ) I • • • ,. • (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 registration 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 o~ a day on which banking institutions in the city whe~e the corporate trust office of the Bond Registrar is located are authorized by law o~ executive order to close, then the date fo~ 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 the same force and effect as if made on the no 1nal d te of p yment. Th Bonds are issuable only in the form of r g iste~ed bonds without coupons in he denomination of Sl ,000 ach. Th ruu r nd th Bond R gistr r shall not b ~ qui.red (a) to iasu or rans r any Bonds during a p rtod beg nn ng a he op ning of business on h fifteenth (15th) day of th calend r onth n x pr c ding ny int rest p ym nt da or period b ginning on any d e of a 1 c: ion o Bonds o nd ndin t h clos o buain sa on h in paym n d or day on which h ppl cabl notic: o iv n o -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 of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the trans- feree 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 i nstruments of transfer in form and with guaranty of signature s ati s factory to the City and the Bond Registrar, duly executed by the owner of the Bonds to be tran s ferred or his attorney-in-fact or legal repre s entative, conta i ning written instructio n s as to the details of th e tran s fer of s uch Bonds, al o ng wi th the s ocial s ecurity number o r f ed e ral e mp loy e r identifi c at io n number of such tran s - fer e e and, i f su c h tran sfe ree is a tr ust , the nam e and so c i al security numb er of the settlor of th p r oposed t ransfe r ee . I n a l l cases of h transfer of Bond , th Bond R gistrar shall enter the trans er of o wn rship in the regis ra ion books nd ah 11 au h nt c t nd d liv r in the nam of th transfer or r ns- fer s new fully r gistered Bond in th same denomination of the same ma ur ty , sequen ial n u mb er , and 1nter s r te for h pnnc1pal moun which h regis r d o wn r is 0 r c ive h e st pr c cabl l m Th Ci y y or ny rans r r qutr d by h Bond R • r r 1 n 0 h -4 7 - • I • ------~ . • • ~r of the Bond or Bonds. ·•in the same <i.e. R-1 Will be reiSsued as R-IA, then R-IB, etc.) fo11owin9 each transfer Of ownership and all bonds shall bo issued Only in the denominations of Sl,ooo each. The sequential numbers shall (Form of Transfer) ASSIGNMENT FOR VALUe REC£Iven, the undersi9ned ••Us, assi9ns and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (Name and Address o~~lgnei;~T)------------------- the within Bond and does hereby irrevocably constitute and ppo nt The First National Bank of En9lewood or its succesoor as Bond Re9istrar to transfer the said Bond on the booko kept for r 9is- tratJon thereof wl th full eower Of subst·Jt utJon in the premh D ted: -------------------------------------Signatur guaranteed: (Bank, Trus Company ol F1rm) asalgn nt -48 -en-• - • , • • • 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 thi s Resolution. The Bond Registrar shall accept a Bond for regi s tration of ownership only if ownership thereof is to be register d in th name of an individual, a corporation, a partn rship or a trust, and only upon receipt of the name and addre s of each own r, th so cial security numb r of each indivi- dual, the ax id nti ic tlon numb r of each corporation, partn r- ship or ru t nd the soc1al • curity numb rs of th s t lor nd ci riea o each ruat. (b) onda erred upon the r gia ration boOks upon d 11very o th onds to wr t en ins rum n or nat ru nd Re is rar, n • o nsf r ceo p ni d by a n for• an wi h gu ran y o a na ur •• • ac o y o he C y nd h Bon -c • • • • - 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 tran s feree or tran s ferees a new fully registered Bond in the deno mination of $1,000, of the same maturity, sequent i al number and interest rate, which the registered owner i s entitled to receive at the earliest practicable time in accordance with the provi s ions of thi s Ordinance. There sh all be n o transfer fee charged by the Bond Registrar f o r such tran s fer. (d) The C i ty and Bond Registrar s hall not be required ( i) t o is sue o r tran s fer any Bonds during a period beginning at t he c l o se o f bu s ine ss o n the fifteenth (15th ) day o f the calenda r o n t h ne xt preceding ei ther any interest p a yment date or any date o f s lect io n of Bond s t o b e redeeme d and ending a t the clo s e of business o n the i nt e r est payment da t e or da y o n wh ic h the applic- able notice of red mpt1on is given , or (ii) to transfe r any Bonds •elec d or c lled p 10n 1n whol or in part. ( ) ew Bonds d l1ver d upon ny ransf r ahall b valtd ap cial obligations of th City, v1d nc ng th debt as h onds sure nd r d, shall b secur d by this Ordinance nd sh 11 b en 1 1 d o 11 o h a cur1 y nd b n 1 a h r of to h s m s h Bonds suer nd r d. • so • • • - ' • • • • (f) Th e 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 transfer, 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 installing 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 requ ired 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. Ne ither 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 th City or any of its officers. All or any portion of the bond proceeds may be temporarlly invested or reinvested , pending such use, in a cur i- t es or obligations which are lawful investm nta for such munici- p lities in th St te of Color do. It is her by covenant d and gre d by h CltY h t th mpor ry or r invut11 n of he bond proc da, or any portion th reo , shall b o auc:h nature nd ex nt, and or such per1od, that h bonds of th C1 y s all no b co •arb1 rage bonds• wi h n h 11eaning of S c 103(cl o tn In ernal ev nue Code of 1954, aa mend d, on nd d 0 p tln n r ul ion , and such proce da, ao inv • -s 1 - • 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 a s sessment s in full, the City shall, to the extent possible, pay e ch year not less than 10 of the total amount of bonds outst nding after the payment of the bonds with the proceed s of such cash pay nts of assessments in full . 11 . Additional Security for the Paym nt of In addition, in accordance with th r four-fifths (4 /5) of the bonds of thi issue have b n pa1d and cancelled , and for any r ason the r - maining not paid in t1a to tak up th r 1ning bonds and rest h r on, h n h Ci y shall pay said bon a when due and he in er s du h reon and rei•burae itael y coll ct1ng h unp 1d ass a menta du the d stric t. Sec 1on 12. Th C ty Councll cov n n s c:omple on fr c p pon c: pl 1m o by h counc1 J., 2 - r • prov n r o , and upon c- o 1 c:oa can b ) • -• • • 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 Ci y Council shall further cause assessments to be levied against the property included within th e 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 ord1nance, before final passage, at 7:30 P.M. on Tuesday, July 5, 1983. Section 17. Date. This adop ion eignature of th Mayor and Clty Clerk-Tre aurer, and by th numb red and recorded, authenticated by the Dir ctor of Finance, ex-officio Certificat of Publicat on. Thia -s • • • • 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. Read by t~tle and passed on final reading on the 5th day of July, 1983. Published by title as Ordinance No.~LJ, Series of 1983, on the ~ day of July, 1983. /.3-til Eugene L. Ot~s, Mayor Attest: ex offic~o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of th City of Engl wood, Colorado, hereby certify tha he above nd forego~ng ~s a rue, accurate, and cornple e copy of the Ord~nance No. , Ser~es of 1983. Gary R. Higbee -54- • I . ORDINANCE NO. ~ SERIES OF 1983 BY AUTHORITY • • • COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER ~N~E~AL~------ AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE TOTAL PRINCIPAL AMOUNT OF $2,325,000, 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, dated September 1, 1981, in the principal uount of $465,000, and Use Tax Revenue Bonds, Series 1981B, dated September 1, 1981, in the principal amount of $1,750,000 for the purpose of constructing improvements to the municipal golf course and installing improve- ments to the municipal sanitary sewer system; and WHEREAS, there are presently outstanding, bonds in the total amount of $2,135,000, consisting of $450,000 of the Series 1981A Bonds, and $1,685,000 of the Series 1981B Bonds (collec- tively the •outstanding Bonds•); and WHEREAS, the Outstanding Bonds bear interest fro11 date to maturity, pay bl semi-annually on May 1 and Nov lllber 1 each year, and ature serially on November 1 each year, as fol- lows: -14 -I • • • • • Series Interest Series Interest Maturit;t 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 10.50% 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 Series 1981A Bonds is 10.92% per annum, and the Series 1981B Bonds is 10.92% per annum: and WHEREAS, the bonds of each Series maturing on or before November 1, 1986, are not redeemable prior to their respective maturity dates: bonds maturing on November 1, 1987, and there- after, are redeemable at the option of the City on November 1, 1986, and on any interest payment date thereafter, in i nverse numerical order, upon payment of par, accrued interest and a premium of 1t of the principal amount thereof: and WHEREAS, the Outstanding Bonds were issued in accordance wi th the Constitution and laws of the State of Colorado, partic- u larly the provision s o f Title 29, Art i cle 2, Section 11 1 , Co lo- r ado Revised Stat u tes 1973, as amended, and the City Charter, relating to sale s and u s e tax revenue bonds, and pursuant t o an o rdi n ance duly adopt ed a nd approve d prior to the is s uance t he reof1 and proc d s c y i n WH ERE AS , the Outstand ing Bo nd s ar e pa yable from th ro a municip 1 uae ta x impoa d and collect d by the ccordance with th City Ch rter1 and WHEREAS, th City council has previously determined that a a igni icant s vinga in total pr ncipal and int r at co t uld r a u l by th issuanc o r fundi n g bonds for the purpose o r und1ng he Ou atanding 80nda1 and -15 - • • -• • - WHEREAS, Section 106 of the City Charter provides that the City Council may authorize the issuance of refunding bonds by ordinance, without an election, for the purpose of paying out- standing bonds of the City; and WHEREAS, the City Council has, by resolution passed 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 for the purchase of said bonds to Kirchner, Moore ' Company, the best bidder therefor; and WHEREAS, the refunding bonds shall be payable from the proceeds from the imposition and collection of the municipal use tax of the City and shall have a first and prior lien on such pledged revenues; and WHEREAS, it is necessary to provide for the for~(.said bonds and the payment therefor, and to provide for the payment of the bonds to be refunded; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Authorization. That for the purpose of refunding valid nd outstanding use tax r ven~e bonds of the City , ther are hereby authorized Use Tax R funding Revenue Bonds, Ser a 1983, of the City, in the principal amount of $2,325,000 (•s riea 1983 Bonds or Bonds•). The principal thereof and th int rest th reon ahall b payable solely and only out of th proceeda of the unicipal ua tax author z d purauant to Section 13-4-14 o th Municipal Cod o! the City, and th apecial fund or funda d acrib d in h a Ord n nc • shall h d n Unl " h Bond D taeu d only s fully r g1ster na on o $5,000 each or ny Ci y ah 11 o d d • par ely r up rd, by. -·. -1 Tha the Seriea 1983 Banda d Bonds without coupons n ntegral •ultiple ther o • h d bonde ehall tth h n 0 ch bond • • • .. - 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 1 as follows: Amount Maturit::t: Interest Rate $ 45,000 1984 10.50% 75,000 1985 10.50t 100,000 1986 10.50t 150,000 1987 10.50% 200,000 1988 8.50% $225,000 1989 8.5ot 275,000 1990 8.75t 350,000 1991 8.75t 400,000 1992 9.00t 505,000 1993 9.25t The net effective interest rate of the Series 1983 Bonds is 9.0353t 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 redeemable at the option of the City, as a whole or in integral multiple s of $5,000, in inverse order of their maturity, on November 1, 1986, and on any interest payment date th reafter, upon payment of par , accrued interest and a premium of 1 of the principal am ount thereof. If 1 sa than all of th Bond s within a •aturity d t are to be rede ed on any prior r d mption date, the Bond s to be red e ed shall be selected by lot, in auch manner as the Bond Registrar shall d te~ n , provid d that auch a lection ah 11 not have an dvera etfec upon th bility o the City to p y h princ p 1 of the on a outstanding. The nda shall be r d only in nt ral •ult plea of $5,000. In h event a Bond 1a of a d no 1nation lar9 r han $5,000, a por on of auch nd • y b rede ed, bu only n h pr ncipal a•ount ot $5,000 or nt ral •ultipl h reo • uch nd ahall be treat d pur a a ot d a nda wh ch d1vid1n h 1 -17 - • • • - In the event any of the Bonds or portions thereof (which shall be in amounts equal to $5,000 or any integral multiple thereof) are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof 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 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 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 depo sit at the place of payment at that time. If the date for payment of the principal of, prem ium , if any, or interest on the Bond shall be a Saturday, Sunday, legal holiday or a day on which bank i ng institutions in the city wh ere the corporate trust office of the Bond Registrar is located are author i zed by law or executive order to close, then the date for such payment shall be the next succe eding day wh ich 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 ha v e the same force and effect a s if made on the normal dat of paym nt . Section 3. Paying Ag nt and Bond Registrar. The pr nc pal of and pr mi , if any, on the Bonds shall b payabl in lawful aon y of the United States o Am ri~a at The irst National Bank o n lewood , in Engle d, Colorado, (th •Bond R gia rar•) or 1t1 successor to the r gist r d owner of ach Bond upon pr a n- tatton her o • Notwlthatanding nything contain d in this Ord n nc to the contrary, int rest on th Bonds shall b payabl to rson in who a n such Bond a regilt red, a his or h r ddr as s t app are on th reg a ration booka ain ain d by or -18 - • 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: -19 - • • - STATE OF COLORADO • • - (Form of Bond) (Front of Bond) UNITED STATES OF AMERICA CITY OF ENGLEWOOD COUNTY OF ARAPAHOE 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 which event this Bond shall bear interest from August 1, 1983, at the rate of per centum (____ per commencing on Nove ber 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 rede pt1on and payment shall have been duly made or provided for. Both pr nc1pal of and premium, if any, on thla Bond are payabl in lawful ney of h United States of America at The First at1onal Bank of ngl , 1n Englewood, Colorado, as bond registr:ar and pay1ng g n (the • ond R giatrar•). PayJa n of ach installment o nt nat shall b a d to th reg 1a own r hereof whose n s shall ap ar: on th r gis ration books of he City maintained by th Bond R g strar: a he clos o busin sa on the 15 h day o th calendar month n x prec d1nq he n eres payment date and sh 11 be pa d by ch ck o -20 - • • • • • • 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 Co nstitution and Laws of the State of Colorado, partic- ularly Title 11, Article 56, Part 1, Colorado Revised Statutes 1973, a s 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 reci t ed t h at all of the requirements of law have been fully c omp li ed wit h by the proper officers in issuing this Bond. P ursu an t t o Sect ion 1 1-56-107 (6) of said Article 56, such recital h a ll co n clus 1vely i mpart full compliance with all of the provi- sions of s a1d Art icle , and th is Bo nd i ssued containing s uch r c t a l is inco nt es tabl e f or an y c a us whatsoever after its d 1v ry or v a lue . so h the principal of and 1nt rest on th is Bo nd ar e pay 1 solely out of the •city of nglewood Us Tax R fundl ng nd und seri s 1983 •, or 1 the •city of R unding v nu s rv und •, in o w ich h City has cov n nt d to d poslt, froa the pro- •unlClpal us tax •posed and coll ct d by h Ctty, n or th pa h pr1nc p a l o and nt r s o th s r1 h • is on and o cr a a nd r ason ble ( h •p1 d g ed v nu s •) all on • n in -21 - • 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 loo.lt 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 warranted that for the payment of thi s Bond, the City has created and will maintain the special funds and will deposit therein, out of the revenues of th municipal use tax, the amounts and revenue specified in said Ordin nee, and out of said special funds, and as an irr vocable charg thereon, will pay this Bond and the int res t ther on, in the manner provid d by s aid Ordinance. It is further recited and certified that all require- m nts of law and 11 conditions pr c dent hav be n fully compli d wi h by h proper of ic ra of the C ty in the issuance of this ond. For th th Ci. y ONO S T FORTH ON SHALL ALL PU I THI PLAC • o th a Bond and th in r at thereon, -22 - ta lawful corpor t pow ra. FURTH!R PROVI SION OF THIS WHI CH FU TR R PROVI SIO NS FECT A IF ULLY T ORT H • I • • - ( r • • • • 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 exec u ted i n its name by the facsim i le s i gnature of the Mayor, s ea l ed 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 F1nance ex-officio City Clerk-Treasurer CITY OF ENGLEWOOD, COLORADO By: __ ~(~F~a~c~s~l~·m~i~l~e~S~i~g~n~a~t~u~r~e~)~-- Mayor [Form of Bond Registrar's Certificate of Authentication] CERTI F ICATE OF AUTHENTI CAT ION This Bo n d is one of the Bo nd s of the issue descri b ed in the within mention d Bond Ordinance. D te of R gistration and Auth ntication: FIRST NATIONAL BANK OP ENGLEWOOD, as Bond Registrar By ~A-u~t~h-o-r~l-z-ed~O~frfri~c--r ________ __ -23 - 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 maturity date are to be redeemed on any prior redemption date, the Bonds to 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 the principal of the Bonds outstanding. The Bonds shal l be redeemed only 1n integr al multiples of $5,000. In the event a Bond is of a den 1nation l arger than $5,000, a port ion of such Bond ay be ed , but only in the principal a ount of $5,000 or any 1n ulti ple thereof. Such Bond shall be d for the of red emption as that number of nda r ault fro h pr1nci pal amount of such Bond y $5,000. In he event any of the Bond s or por 10 a all e 1n amou nt s equal to $5,00 0 or any 1n r of (wh1ch ul ipl er o ) are called for redemption as a for aa1d, not 1c thereof 1d n fy1ng the Bonds or portions her of o d w1ll be g1v n by the Bond Registrar by mailing a copy of th r d mptlon no ce by firs class mail (postag prepald) no •ore than 30 days nd no 1 as than 15 d ya prior to the da e fix d for r d mp on to he r gist r d o wn r of each Bond to b r d emed in whol or in par at th address shown on the r gistrat1on books maintain d by th Bond Reg atrar. Failure to giv such notice by mailing to any Bondhold r, or any d r ct th rein, ah 11 not ff c th v lidity o any proceeding for th red mpti on of o her Bonds. All Bonds so called or rede p ion will ceaa to b ar int r at aft r th sp c f d r d ption date provid d funds for their r d mption ar on d post a th plac of paym n a tha tim • -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 e xecutive order to close, then the date for such paymen t 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 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 Registrar 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 calle d for redemption in whole or in part. The City and the Bond R gistrar may deem and treat the registered owner hereof as the absolute o wn r hereof (whether or not this Bond shall be overdu ) for the purpose of receiving payment of or on account of princip 1 h r of and interest du h reon nd for all oth r pur- poses, and neith r th C ty nor the Bond Registrar shall b ff ct d by ny no ce o the contrary. The Bond s rans erabl by th r gist r d own r h reo in person or by his o her a orney duly authoriz d n wr ing, a th principal otfi o th ond R 9 strar, but only n the •ann r, subjec to the ll•itat ions and upon paym nt of the charqes pro- vid d 1n he Bond Ordinanc , and upon surrend r and cane llation of this nd. opon such ran• r a new nd or nds of h s -25 - • • • • • 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 tran s - ferees a new fully registered Bond or Bonds of authorized denom i - 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 time. The City shall pay for any transfer fee required by the Bond Registrar relating to the transfer of the Bond or Bonds. -26 - • 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 Address 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 guaranteed: (Ban k, Trust Company of F l rm ) NOTICE: Th signature to this assign en must correspond with th n e of th r gist r d o wner aa it appears upon th face of the within Bond in very particular, without alteration or n- largement or any chang whatever • -27 - • I . - ( • • • • Section 5. Authentication. No Bond shall be val i d or obligatory for any purpose or be entitled to any sec u ri t y or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form here i nabove 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, bu t 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 th is Ord i nance, the City shall execute and deliver to the Bond Registrar, and the Bond Registrar sha l l authenticate the Bonds and deliver t hem to the purchaser s thereof as d i rected by the City. Section 7. Registration and Transfer of Bond s : Persons Treated as Owner s . (a) The Bond Registrar s hall maintain the books of the Ci t y f o r the reg is tra tion of ow n ership o f each Bond as prov i ded i n this Or di n a n ce . The Bond Reg is trar s ha l l acce pt a Bo nd f o r r e g istrat ion of o wner shi p o n ly i f own e r shi p t he reof is t o be register d in the na me of an in d i v i dua l , a cor p o r ation , a partne r ship or a trust , and only upo n receipt of the n a me and address of each o wn r , th soc1al s curity number of each indivi- dual, th tax id ntification n ber of each corporation , partner- ship or trus and he social s curi y numbers of the s t lor and b n f c ar1 s of ac trust. (bl nds ay b transferred upon th r gistration books upon d 11very o the onds to th Bond R gistrar, accompani d by writt n n o ns r en s of transf r in for and with guaran y of s1gna ur satis ac ory o th Ci y and the Bond -2 • • - .. • • ,. - 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 Bonds 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 Registrar shall not be required ( i) to issue or transfer any Bonds during a period beginning at the close of business on the fifteenth (15th) day of the calendar month next preceding either any interest payment date or any date of s lection of Bonds to be redeemed and ending at the close of busin as on the interest payment dat or day on which the applic- able notic of redemption is given, or (ii) to tr nsfer any Bonds a lee d or call d for redemption in whol or 1n par • (e) New Bonds delivered upon ny ransfer shall b val d apec1al obl g tiona of th City, ev1d ncing the a debt as th Bonds aurr ndered, shall be s cur d by this Ord nanc and shall b nt tl d to all of th s curity and b nefits h r of to th a aa th Bond s aurre nd r d. -29 - • 0 • • • .. • (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 del i vered to the Purchaser thereof in accordance with its contract o f purcha s e, 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 hereina f ter described. It is hereby covenanted and agreed that the temporary investment or reinv stment of the original proceeds of the bonds and proceeds o f the Out s tanding Bonds, i f any, which may b or become tran s ferred proceed s o f the bond s , o r the prop r po rtion thereof, sha l l b of s uch na t ure and e x t n t , and fo r su ch p ri od, that the bond s &h a l l n o t b or b eco e •arbitrag e bo n ds • with1n the me n ing of S ction 103(c) of he In rnal Rev nu Code of 19 5 4, a nd d, nd pertinent r gula- tiona, rul nga and d cia ona , and such proce da, wh n ao nveat d or reinvest d shall b aubj ct to the li ationa and reatr ct ona of sud Section 103(c), nd pert in n t r gulations, rulings and decia ona , aa h a now x ia t a or m y l a ter b nded. e th r urchaa r o a a i d bonds nor he hold r of any o th shall n any way reapon ai b l for h applies ion ot he proc da of h onda by the C y or any o 1 a o ic ra . -30 - 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"): covenants to deposit, from the pledged revenues the following amounts: (i) Monthly, beginning on or before December 1, 1983, and on or before the 1st day of each month there- after, one-twelfth (1/12) of the principal amount becoming du on the next principal paym nt date. (ii) Monthly, b ginning on or b fore July 1, 1983, and on or b fore the let day of ach month ther - aft r, one ei xth (1/6) of the int ret ount du nd payable on the n xt in r et pay en date, prov d d, however, that the pa nt on July 1, 1983 ahall be qual to one-thlrd (1/3) of he int rest oun du on Nov mb r 1, 1983. -31 - • 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 additional security for such bonds, concurrently with the payments to the reserve fund for the Series 1983 Bonds. (C) Other Purposes. 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 the principal of and interest on any additional use tax revenue bonds having a lien which is subordinate to the lien of the Series 1983 Bonds, and for a reserve fund as additional security for the payment of such subordinate lien bonds, or for the payment of any c pital i provementa of th City, a the City Council m y from ti to time det rmine. In the ev nt that ny oth r funds of th City may be l wfully v lable for th payment of principal nd int r at , th City m y apply such funds for said purpoa • -32 - • • - • • , • • - Section 12. Reserve Fund. There is hereby created the "City of Englewood Use Tax Refunding Revenue Bond Reserve Fund", (the "Reserve Fund"), for the purpose, if necessary, of paying the principal of and interest on the Series 1983 Bonds. (a) The Reserve Fund shall be established in the total amount of $300,000, by the transfer of the amount of $180,000, which is presently on deposit in the "City of Englewood Use Tax Revenue Bond Reserve Fund", created as additional security for the Outstanding Bonds. The balance necessary to fund the 1983 Reserve Fund shall be accumulated by the deposit annually of $30,000 on or before the 1st day of December in each of the years 1983 to 1986, inclusive, until the required amount has been accumulated. The 1983 Reserve Fund shall be maintained in the required total amount until such time as the amount will be sufficient to pay all of the bonds which are then outstanding, and the interest thereon, at which time such monies may be applied to redeem and pay t he Outstanding Bonds or to pay the same at their normal maturi ty date. If money in the 1983 Reserv~ Fund is used to prevent a default in the payment of the principal of or interest on th e Series 1983 Bonds, then such amounts shall be restored to the 198 3 Reserve Fund as soon thereafter as possible. Monies held in the 1983 Reserve Fund may be invested o r deposited as may be directed by the City Council and in acco rdan ce with the Charter of the Ci ty and the laws of the State o f Co l o rado relating t o the depo si t o r i nve s tment of s uch fu nd and mo n ies . Th e i nvestm nt o f the 198 3 Re se rv Fund am o un t shall , howe ve r , b e subj ct to th covenan t s a nd prov ision s of Section 4 hereof . The ount of h earnings fro such i nv stm nt or depos1 s ay b appl d toward h n x paya~ nt requir d o b m de to h 1983 R a rv Fund. When th R a rve Fund h a s b en accu Ulat d 1n h total oun of $300 ,000 , any ddltional int r a arnings ah 11 b d post d to the 1983 Bond Fund . Sec on 13. Th c y h r by irr v oc bly coven n s ry hol d r o he bonds , thu so long a n ou • and tng: 3 - • 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 neces s ary action to collect delinquent payments as shall be authorized b y Title 13, and in accordance with law. (c) It will keep such books and record s s how i ng the proceeds of the three per cent municipal use tax, i n wh ich com- plete entries shall be made in accordance with standard pr i n ciples of accounting, and any owner or holder of any of the blaw. (c) It will keep such books and records showing t he proceeds of the 3 municipal use tax, in which complete entr ies shall be made in accordance wi th standard pr i nciples of accoun t- ing, and any owner o r holder of any of the bonds s hall hav e t h e right at all reasonabl e time s to inspect the r ecord and acco un ts relat i ng to the c oll c tion and receipt s o f s uch u s e tax. I t will, t 1 s t o n ce eac h y r , cause an aud i t of the r eco rd s r e lat i ng to the coll ction a nd receipt of the use t x re v nues , and upon requ a , a k a vailabl th report of th aud1tor or accountan , o any hold r o auch bonda , and ahall a 1 a copy o the report to h original purchaa r of he honda. Such audit ay b ad part of nd includ d wi h n th 9 n r 1 aud t of the City , and made at he • e i •• he g n ral audi • (d) Tha n ua ta x • o he C y ar r plac d and au rc d d d-loc lly ahar d u• t X 0 x a , or ar r plac d nd •u rc d 1n • nn 4 - • • • • from some other source or sources, the revenues derived by the City from said replacement source or sources, as received by the City shall be appropriated in the same manner as if 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 parity lien bonds, shall have a first and prior lien, but not necessarily 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 of additional bonds payable from the pledged revenues and constituting 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 interest and the accumulation of the 1983 Reserve Fund for the Series 1983 Bonds, and the pledged revenues collected or received by the City in the las preceding fiscal year is sufficient to cover 1.35 times the average annual principal and interest requirements on the outstanding Series 1983 Bonds, and the proposed p rity lien bonds: in addition, he estimat d pledged r v nues to b collected or rec iv d in th iacal year in which the propos d parity lien bonds will b iasu d, shall b at le at equal to 1.50 tim a the averag annual pr1nc1pal and 1n r at requireMents of the s r a 1983 Bonds and h propos d p ri y lien bond•. Th proj cted pl dg d r v - nues shall b de rain d by an indep ndent certi ed publlc accountant, signa ed by the Ci y. In h ev n tha th o unic pal us ax has b n incr as d du in th seal y ar, th n h pl n b pplyin th o o u s - • ' , • • - 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 with 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. Th e Federal Securities shall become due at or prior to t he re s pective time s on which the proceeds thereof shall be needed, in accordance with a schedule established and agreed upon between the Ci ty and such bank at the time of the creation of the escrow, o r t h e Fed e ra l Se c ur i tie s shall b e s ubject to redemption at the option o f the hold ers the r eof t o a s sure such availabil i ty a s so ne ded to meet such sc hed ule . T h t e rm •Federa l Securities • within the eaning of this 1ection s h all include only direct o 1 ga ion1 o , or obligation• th princi p 1 and int rest of which ar uncond tionally guar nt ed by, th Un ited St tea of Am erica. s ction 16 . Refunding Escrow Accou n t. The proce ds o such Series 1983 Bonds , being th e am ount of not 1 ss th n $2,278,500, 1h 11 be d posited by th City in a special fund nd s para trua accoun , designa ed a "City of Englewood Bond -36 - • 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 sometimes referred to as the "Bank" ) • In addition, the amount of accrued interest on refunded bonds from May 1, 1983 to the closing date of the Series 1~83 refunding bonds, being legally available for such purpose, is hereby appropriated and shall be deposited by the City in the Refunding Escrow Account, for the purpose of supplementing a portion of the proceeds of such Series 1983 Bonds. The Bank is hereby authorized and directed to pay, from the proceeds deposited in said Escrow Account, the admini- strative expenses if any, related to the issuance of the Series 1983 Bonds and the purchase of the acquired obligations. The expen~es to be paid, if any, are enumerated and the amoun.ts thereof set forth in Exhibit II of the Escrow Agreement, hereto attached. Further, the Bank shall provide for the payment for the acquired obligations and the necessary beginning cash, if a ny, as required in accordance with escrow sufficiency computa- tions verified by a Certified Public Accountant. Thereupon, the balance, if any, of the proceeds shall be returned to the City and the City shall place the amount in the 1983 Bond Fund to be held for the payment of the principal of or interest on the Series 1983 Bonds. Th for going provision shall pply only to exc sa funds on hand in the Escrow Account at the lim of delivery of the Series 1983 Bonds and no furth r distribution of funds on hand sh 11 be m d to the City xc pt at th t of termination of the Escrow Agr m nt or as provid d therein. -37 - • • • • • 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 i n 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 Maturity Bond Numbers Series 1981A 1983 to 1986, 4 to 33, Bonds inclusive inclusive Series 1981B Bonds 1983 to 1986, 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 matur it y date, and shall be pa i d o n t h e Prior Redemption Date and at the price set forth below: ~ Se r ies 198 1A Bonds 5 riea 19818 Bonds Maturity 198 7 to 199 1 , incluaiv 1987 to 1991 , incluaiv Numb r 34 to 93, i n clusiv e 12 6 t o 350, inclusive -31 - • Pr ior Red mpt i on Oat and Pr i ce Nov b r 1, 1986 , a par and accrued inter at plus a pr of 1 of principal. Nov r 1, 1986 , at par and accru d nter at plus a pr 1 o 1 o principal . • • • • (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 herein 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. Additional Deposits. If, for any rea son, at any time, t h e funds on hand in such Refunding Escrow Account shall be insufficient to meet such payments, as the same shall be about to become due and payable, the City shall forthwith deposit in such Refunding Escrow Account such additional funds a s may be requ i red fully to meet the amount about to become due and payable. Section 20. Obligations of Escrow Bank. Th e Bank sh all from time to time redeem at mat urity all or a portion of the non-callable f dera l securities in said Refunding Escrow Acc ou nt, in sufficient amounts so that th proceeds therefrom and the int r st th r on as th same accrues, wil l be sufficient to meet the int rest r quir ments on th Outat nding Bonds as such inter- ea accru a and th Outatand ng Bonds at maturity or on the Pr o ed ccording o the ach dule h reinabov a t orth. Sect on 21 • Authon u 1.on to The Mayor and D rector of Pinene author z d and dir ct d to ak all necessary or appropriate ac ion toward x cu ion o a pro r !acrow Ag re w th th Bank cone rn ng he depoai a in, nv at en a o and d abura 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 sh all be in substantially the form hereto attached as Exhibit •a• and the 1 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 follo wing, at the last known addres s thereof: (1) The First National Bank of Englewood, Englewood, Colorado (as paying agent for the Outstanding Bonds) (2) Ki rchner Mo ore ' Com pany, D nver, Colorado (as th original purchaser of th Outs anding Bonds) (3) Hanif n, Imhof Inc., D nver , Color do (4) Consolidated nd Call Denv r, Colorado Sec ion 23 . ~c~~~~~~~~~ Tha the o f cera and ra of th au horized and direc d to take any and all other c ons n c aaary or approp a • o ff c- uate the prov aiona o hia Ordin nc , includin , bu no b ing -40 - • • ' ' • • • 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 Outstanding Bonds, and that the net effective interest rate of the Series 1983 Bonds 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 principal, interest, prior redempt i on premiums, if any, and any charges of the es crow agen t and any other co s ts and expen s e s payabl e t h e refrom, and that the computations made i n de t erm i ning such sufficie ncy have been v eri f ied by a Certifi ed Public Accou ntant: (C) That t h e bond s d o no t constitute a debt o r an indebtedness of the City within the eaning of any consti u ional , statutory or charter limit ion or prov a ion, nd a hall not b conaid r d or held to b g n r 1 obligation of th City. (D) Th t th issu nc of the Seri a 1983 Bonds nd th r funding of th Outstanding Bonds, and all pro- c durea und r aken incid nt th r to , ar in full co - pliance and con ormity with 11 pplic bl r quir m n a, -4 1 - • ' • • • 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 here in 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 otherwise 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 Actions. That all action heretofore taken by the officers and members of the City Council, not inconsistent with the provisions of this Ordinance, relating to the authorization, sale, issuance and delivery of the Series 1983 Bonds, be and the same are hereby ratified, approved, and confirmed. Section 26. Repealer. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 27. Ordinance Irrepealable. After the bonds are issued , this Ordinance shall be and remain irrepealable until the bonds and the interest thereon shall have been fully paid, satisfied and discharged. Section 28. Severability. Should any one or more sect1ons or provisions of this Ordinance be judicially determined invalid or unenforceable, such determination shall not affect, imp 1r or inv lidat the remaining provisions hereof, the inten- ion be1ng that th various provisions h r of ar sev rable. Section 29. Recording and Auth n ic tion. Thin Ordi- n nee, after 1ts final passage, shall be record d in book kept !or th purpos , uth nticat d by th signatur s of h -42 - 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 readinq on the 20th day of June, 1983. Published as a Bill for an Ordinance on the 22nd day of June, 1983. Read by title and passed on final reading on the 5th day of July, 1983. Published by title as Ordinance No. on the 6th day of July, 1983. , Series of 1983, Eugene L. Ot~s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. H~gbee, ex off~cio City Clerk-Treasurer of the City of Englewood, Colorado, h r by c rt~fy hat the above and foregoing is a true, accura , and c pl e copy of the Ordinance passed on final read~ng and publ1sh d by i 1 as Ordinance No. , Ser~es of 1983. Gary R. High 4 • • ' ORDINANCE NO. ~ SERIES OF 1983 BY AUTHORITY • • • COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER __:N.;.:E=AL=---- AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REFUNDING REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE TOTAL PRINCIPAL AMOUNT OF $2,325,000, 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, dated September 1, 1981, in the principal amount of $465,000, and use Tax Revenue Bonds, Series 1981B, dated September 1, 1981, in the principal amount of $1,750,000 for the purpose of constructing improvements to the mun ici pal golf course and installing improve- ments to the municipal sanitary sewer system; and WHEREAS, there are presently outstanding, bonds in the total amount of $2,135,000, consisting of $450,000 of the Series 1981A Bond s , and $1,685,000 of the Series 1981B Bonds (collec- tively the •outstanding Bonds•); and WHEREAS, the Outstanding Bond s bear interest from date to maturity, payabl semi-annually on May 1 and Novemb r 1 each y ar, and •ature serially on Nov mb r 1 each year, as fol- lows: -14 - • • • • .. - Series Interest Series Interest Maturit;t 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 10.50% 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 Series 1981A Bonds is 10.92% per annum, and the Series 1981B Bonds is 10.92% per annum; and WHEREAS, the bonds of each Series maturing on or before November 1, 1986, are not redeemable prior to their respective maturity dates; bonds maturing on November 1, 1987, and there- after, are redeemable at the option of the City on November 1, 1986, and on any interest payment date thereafter, in inver s e numerical order, u pon payment of par, ac c rued interest and a premium of 1\ of the principal amount thereof; and WHEREAS, the Out s tand i ng Bond s were issued in acco rdance wi th th e Constitution and l aw s o f t h e State o f Colorado, par tic- ul arly the p r o v isions of T i t l e 29, Art i cle 2, Section 1 11, Colo- ra d o Re v ised Statutes 1 9 73 , a s amended, and t h e Ci t y Ch a rter , r el at ing to sales and use tax r e venue bonds , and p u r sua nt to an ord inance duly adopted and pprov ed p r ior to the issuance hereof; and WHEREAS, th Ou standing Bonds are payable from th proc da ro municip l u e tax impos d and collected by th City 1n accordanc with the Ci y Charter, and HEREAS, h City Council has pr viously d termin d that a aigni 1cant sav1ng a in total principal and interest cost uld r sul by h aauance o re unding bonds for the purpos o r unding h Ou stand ng Banda, and -15 - • I • • • - WHEREAS, Section 106 of the City Charter provides that {t the City Council may authorize the issuance of refunding bonds by ordinance, without an election, for the purpose of paying out- standing bonds of the City: and \ WHEREAS, the City Council has, by resolution passed 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 for the purchase of said bonds to Kirchner, Moore ' Company, the best bidder therefor; and WHEREAS, the refunding bonds shall be payable from the proceeds from the imposition and collection of the municipal use tax of the City and shall have a first and prior lien on such pledged revenues; and WHEREAS, it is neces sary to provide for the for~t .s aid bonds and the payment therefor, and to provide for the payment of the bonds to be refunded; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Authorization. That for the purpose of refunding valid and outstanding use tax reven~e bonds of the City , there are hereby authorized Use Tax Refunding Revenue Bonds, Series 1983, of the City , in the principal amount of $2,32 5 ,0 00 (•series 1983 Bonds or Bonds•). The principal thereof and the interest thereon shall be payable solely and only out of the proceeds of the municipal use tax authorized pursuant to Section 13-•-14 of th Muni cip 1 Cod of the City, and th sp cial fund or funds d scrib d in this Ordin nc • Section 2. Bond D t ila. That th Series 1983 Bonds sh 11 be issu d only as fully r gister d onda without coupons in h d nomin tion of $5,000 ach or any in gral multipl ther of. Unl sa th City shall oth rwise d rect, the r 9ist red bonds shall be nu ber d a parat ly from 1 upward, with h nu ber of e ch bond prec d d by •a-•. -1 • I • • • ,. - The bonds shall be dated August 1, 1983, and bear (t 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 10.50% 75,000 1985 10.50% 100,000 1986 10.50\ 150,000 1987 10.50\ 200,000 1988 8.50' $225,000 1989 8.50' 275,000 1990 8.75' 350,000 1991 8.75' 400,000 1992 9.00\ 505,000 1993 9.25' The net effective interest rate of the Series 1983 Bonds is 9.0353' 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 redeemable 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, accrued interest and a premium of 1\ of the principa l amount thereof. If less than all of the Bonds within a maturity date ar to be redeemed on any prior redemption date, the Bonds to b red med shall be selected by lot, in such manner as the Bond Registrar shall determine, provid d that such selection shall not have n dv ra effect upon the ability or th City to p y th principal of th Bonds outstanding. The Bonds shall b m d only in int gral multipl s of $5,000. In the vent a Bond is or a d no ination larger than $5,000, a portion of such Bond may b rede m d, but only in h principal amount or $5,000 or any in egr 1 ultlpl thereof. such Bond shall b tr at d for he purposes of r demption as tha d1v ding the principal ount o numb r o Bonds which result fro such Bonds by $5,000. -17 - • • • • ,. • In the event any of the Bonds or portions thereof (which shall be in amounts equal to $5,000 or any integral multiple thereof) are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof 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 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 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, premium, if any, or interest on the Bond s hall be a Saturday, Sunday, lega l 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 f o r such payment s hall b e t h e next succeeding day whi c h is n o t a Saturday, Sunday, l egal holiday or a day on which s uch bank i ng in s titut ion s a r e u tho riz e d t o clos e, and paym nt on su c h date s hall hav e the s am e fo r ce a n d effect a s i f mad e o n th e no rm a l date of paym nt . Sec 1on 3. principal of and Bank of or 1 P ay ing Ag n t an d Bo nd R g is trar. The iu , 1f any , Bonds shall be pay a ble in d S tea of Am rica a Th Firat N tional d, Color do, ( h •sond R giatrar •) e ch Ord nanc o h con r ry , o h p on in whoa n n ereat on such nd upon pr sen- d in thu be payable at h • or h r ntain d by or ddr •• as l ara on h r stra ~ , • • • • 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. Form and Execution of Bonds. The Bonds Section 4. 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 • • ( • • • - (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. $5,000 The City of Englewood, in the County of Arapahoe and State of Colorado, for value received, hereby promises to pay out of the special funds hereinafter designated but not otherwise, or regis- to tered assigns, on November 1, 19 , the principal sum of Dollars ($ ________ _ and in like manner to pay interest on such principal amount (computed on t he ba sis o f a 360 day year or twelve 30-day months) from th e i nteres t 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 which event this Bo nd sh all bear intere s t f rom August 1, 1983, at the rate of---------- per centum ( _____ \) per annum, c omm e n ci ng on No vember 1 , 198 3 and sem i annually thereafter o n Ma y 1 and No v e mbe r 1 each y e a r, un t i l su c h pr i ncipal amount is paid , unless this Bond shall hav e been previou sl y called f o r r e d e mption and payment shall have been duly ma de or p r o v i d ed fo r. Both principal of and premium , if any, on this Bon d are payable in lawful money of th United Stat s of America at The First National B nk of Engl wood, in Engle wood, Colorado , as bond registrar and pay ng 9 n (the •sond R g1atrar•). Paym nt of ach install n of int r at shall b ad to th r ghter d own r h r o who e nam a shall app ar on th r g1s ration books o th Cl y mainta1ned by the Bond R gistrar h close o busin •• on the 15th day of the calendar month n x pr c d1ng he in rea p ye n date and shall b paid by ch ck or -20 - • • • • • 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 par value, all of 1 ike Dollars ($ ________ _ 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 It is hereby certified and prior to the issuance of this Bond. 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 with all of the provi- sions of s id Ar icle, and this Bond issued containing such rec1tal is neon at ble for ny cau e whatsoev er after its d l v ry for v lu • Both h pr1ncipal of and 1n r s on this Bond are payabl sol ly out o th •c ty of Englewood use Tax Refunding nd und ser •• 1983 •, or f n c aaary, from th •city of ngl od use Tax R fund ng evenue nd R aerv rund•, into which sp cul funds h Ci y has cov nant d o deposit, fro th pro- c d of a munic 1pal uae tax coll cted by the City, unda auf or h pa inc pal o nd int rest on h bon a o ae 1 a of • on and o cr a e and ain a1n re aona 1 res rv und, C h •p1 v nuea•) all -2' - ) 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 Ord i nance 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 o f this Bond may not look to any general or other fund of the Ci t y for the payment of the principal of or interest on thi s o bl i ga- tion, except the special funds referred to above. ( \ It is hereby certified, recited and warranted that for the payment of this Bond, the City ha s created and will maintain the special funds and will deposit therein, out of th e revenue s of t he municipal u s e ax, the amounts and revenue spe c if i ed i n s a i d Ord i nan c e, and out o f s aid special f und s , and a s an i rr v ocabl c harge thereon, wil l pay th is Bond and h i nt re st th r o n, in th anne r p r o v id d b y s a i d Ord i nance . It is further r ecited and c rti i d t ha t all r q uire- nts of law and 11 condi tons pr c dent hav b e n fully co pli d with by he pro r o he u of the Ci y n h iuuanc of thia Bond. th c ty I 0 D HALL -22 - in r at ther on, corporate pow ra . 0 THIS 10 s T 0 T H • - (' • • • • 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 Registra r . 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. CITY OF ENGLEWOOD, COLORADO (FACSIMILE S E A L ) By: __ ~(;F~a~c~s~i~m~l~·l~e~S~ig~n=a~t=u~r~e~l __ ___ Mayor ATTESTED : (Facs i mile Signature) Director of Finance e x-off icio Ci ty Clerk-Tr e a s urer [Form of Bond Registrar 's Ce r tifica te of Authe n tica tion] CERTIFICATE OF AUTRE TICATIO Thil Bond ia one of th Bonda ot the iaau described in he w thln ntion d Bond Ordin nc • Date o R 9iatration nd AU hen ication: IRST ATIO AL BAN OF aa Bond Re<J ia rar y AU horlaed Offlc r -23 - • L! o. • • • - (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 maturity date are to be redeemed on any prior redemption date, the Bonds to be redeemed shall be selected by lot, in such manner as the Bond Registrar shall determine, provided that such selection shall not h ave an adverse effect upon the ability of the City to pay the principal of the Bond s outstanding. The Bonds shall be r e deemed only in integral multiples of $5,000. In the event a Bond i s o f a denomination larger than $5,000, a port i on of such Bond may be redeemed, but only in the principal amount of $5,000 or an y integral multiple thereof. such Bond shall be treated for the p u rpose s of redemption a s that number of Bonds which result from d i vid i ng the principal am ou nt o f s u c h Bond s by $5,000. In t h ev e n t a n y o f the Bonds o r portion s thereo f (wh ich sh a ll b i n am o un ts equ a l to $5,000 o r ny i ntegra l mu ltipl e the r of) a r e c a ll d for redempti o n a s fores aid, notic e the reof 1d ntlfying the Bonds or: por ion s th r of to b r e dee m d will b given by the Bond Registrar by mailing a copy of the redemp tion no 1c by f rat class a1l (post ge pr pald) not more than 30 days and no 1 sa han 15 days pr or to the da e fi x d for r d mption o h regia r d o wn o ach Bond to b red d in whol or n par a th address shown on th registration boOk maintain d by h ond R g a rar. ailure o g1ve such notic by ailing to any d there n , ah 11 he val1di y o fo h r d on o o All Bonds so rea a t r h mp ion are 8 Cl on d pl -H - 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 holiday 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 Registrar 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 hereof (whether 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 Registrar shall be affected by any notice to the contrary. Th Bond is transferabl by the r gister d own r her of in person or by his or her attorney duly authoriz d in writing, a th pr1nc pal offic of the Bond R gistrar, but only in the m nn r, subject to th limitations and upon paym nt of th charg pro- vid d in h Bond Ordinance, and upon surr nder and cane llation o this Bond. Upon such lrans er a n w Bond or Bonds o the s e -25 - • I • • (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 time. The City shall pay for any transfer fee required by the Bond Registrar relating to the transfer of the sond or Bonds. -26 - 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 Address 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 r gis- tration thereof with full power of substitution in the pre•ises. Dated: _________________________________ ___ Signature guaranteed: (Bank, Trust Company of Fi~) auignll n ot th h n- • 27 - I . -• • • 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 n this Ordinance. The Bond Registrar shall accept a Bond for registration of ownership only if ownership thereof is to be registered in the name of an individual, a corporation, a partn rship or a trust, and only upon r c ipt of the name and address of each owner, the social security number of each indivi- dual, the tax id ntification numb r of ach corporatlon, partner- sh p or trust and the social a curity numb ra of th s ttlor and ciariea of each trust. (b) Bonds may be tranaferr d upon h r g a ration books upon delivery of the Bonds to the Bond R gia rar, acco panied by a w 1 t n nstr nt or ins rum nts of trans! r in for and with guar n y o s gna ur aa sfac ory o th Ci y and he ond -2 • • • • - 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 Bonds 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 Registrar shall not be required ( i) to issue or transfer any Bonds during a period beginning at the close of business on the fifteenth (15th) day of the calendar month next preceding either any interest payment date or any date of selection of Bonds to be redeemed and ending at the close of business on the interest payment date or day on which the applic- able notice of redemption is given, or (ii) to transfer any Bonds a lected or call d for r demption in whole or in part. ) N w Bonds d liver d upon any tranaf r shall be valid p cial obligations of the City, videncing the a me debt s the Bonds surrender d, shall be s cur d by this Ordinance and shall b ntitl d to 11 of th security and ben fit h reof to th same xt nt a th Bonds aurr nd r d. -29 - • I • • • • • (f) The City, Bond Registrar and any additiona l 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 t h e Purchaser thereof in accordance with its contract o f purcha s e, and t he proceeds derived therefrom sha l l be used exclusively f or t h e purposes stated herein: PROVIDED, HOWEVER, that the bond proceed s shall be temporarily invested, pending such use, in the secur i tie s or obligations hereinafter described. It is hereby covenanted and agreed that the temporary investment or reinve s tment of the original proceeds of the bond s and proceed s of the Out s tand ing Bonds, i f any, which may be or become transferred pro ceed s of the bo nds, o r the proper portion t hereo f, shall be of such na tu r e a nd e x t en t , and f o r s uch p er iod, t ha t t he bond s sh a l l n ot be o r becom •arbitrag e bo nd s • within the mea n ing of Section 103(c) of th Internal Revenue Code of 19 5 4 , s amended, nd p rt inent regula- tiona, rulings nd d ciaiona, and such proc da, wh n so inv at d or reinvea d shall be aubj c to th limit tiona and r atrictiona of said Section 103(c), and pertinent r gulationa, rulings nd decisions, as the s e now x iata or may later b nded. Neither th Purch aer o said bonds nor h hold r o any of th m shall b in ny way reaponaibl or h application o the proc eds of th bonds by the City or any o ita officers. 0 - • I • • • Section 10. Three Percent Municipal Use Tax. Sec t ion 13-4-14 of the Municipal Code provides for a use tax upon t h e 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 p l aced i n 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 t o the capital improvement account and sub-account (the "pledged reve- nues") shall be used only in the following manner and orde r : A. Bond Funds. There is hereby establi s hed the "C i t y of Englewood Use Tax Refunding Revenue Bond Fund Serie s 1983" (t he "1983 Bond Fund"): covenants to deposit, from the pl e dged reven u e s the following amount s : (i) Monthly, beginning on or before De cember 1, 198 3 , and o n or before the 1st day of each mo n th t her e - a f ter, o ne-twelfth (1 /12) of th e princi pa l am ount b ecomi n g due o n the nex t p rinci pa l paymen t dat e. (ii) Monthly , beginni ng on or before July 1, 1983, and on or b fore the 1st day of ach month there- ft r, one si x th (1/6) of the int reat ount due and payable on th n x t intereat pay en date, provid d, how ver, that th payment on July 1, 1983 shall b equal to on -third (1/3) ot th interest ount du on No v mb r 1 , 1983. -31 - • 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 1 ien 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 additional security for such bonds, concurrently with the payments to the reserve fund for the Series 1983 Bonds. (C) Other Purposes. 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 the principal of and interest on any additional use tax revenue bonds having a lien which is subordinate to the lien of the Series 1983 Bonds, and for a reserve fund as additional security for the paym nt of such su bordinate lien bonds, or for the payment of any capit 1 improvem nts of the City, aa the City Council may from tim d t r in • In the ev nt that any oth r fund• of th City may b lawfully available for th p yment of princ1pal and int rest, th City ay apply such funds for • id purpoa • -32 - • I • • • • • • Section 12. Reserve Fund. There is hereby created the "City of Englewood Use Tax Refunding Revenue Bond Reserve Fund", (the "Reserve Fund"), for the purpose, if necessary, of paying the principal of and interest on the Series 1983 Bonds. (a) The Reserve Fund shall be established in the total amount of $300,000, by the transfer of the amount of $180,000, which is presently on deposit in the "City of Englewood Use Tax Revenue Bond Reserve Fund", created as additional security for the Outstanding Bonds. The balance necessary to fund the 1983 Reserve Fund shall be accumulated by the deposit annually of $30,000 on or before the 1st day of December in each of the years 1983 to 1986, inclusive, until the required amount has been accumulated. The 1983 Reserve Fund shall be maintained in the required total amount until such time as the amount will be sufficient to pay all of the bonds which are then outstanding, and the interest thereon, at which time such monies may be applied to redeem and pay the Outstanding Bonds or to pay the same at their normal maturity date. If money in the 1983 Reserve Fund is uoed to prevent a default in the payment of the principal of or interest on the Series 1983 Bonds, then such amounts shall be restored to the 1983 Reserve Fund as soon thereafter as possible. Monies held in the 1983 Reserve Fund may be invested or deposited as may be directed by the City Council and in accordance with the Charter of the City and the laws of the State of Colorado relating to the deposit or investment of such fund and monies. The investment of the 1983 Reserve Fund amount shall, however, be subject to the covenants and provisions of Section 4 hereof. Th amount of the earnings from such inv stm nt or deposits may b applied toward th next paym nt requir d o be m de to th 1983 R serve Fund. When he Re erve Fund has been accumulated in h tot l amount of $300,000, any additional int rest earnings shall b d posit d to the 1983 Bond Fund. 5 ction 13. Covenants of th City. Th City h r by rr vocably cov nanta and agrees with ach and ev ry hold r of h bonda, th so long as any of said bonda r main ou standing: -33 - • 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 mak e 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 wh ich 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 wil l, at least once each year, cause an audit of the records relating to the collection and receipts of the use tax revenues, and upon request, make available the repor of he auditor or accountant, to any holder of such bonds, and s hall mail a copy of the report to the original purchaser of th bond a . Such audit may be made part of and includ d w thin th 9 n ral audit of th City, and m de at the same ti a s th g n ra l udit. (d) Tha in th v nt th us t x a of h C1ty ar r placed and a up reed d by a St te C'Oll ct d-locally ahared u s ax or t x s, or are repl ced nd sup reed d in some o h 111 nn r -34 - • I • • • • - from some other source or sources, the revenues derived by the City from said replacement source or sources, as received by the City shall be appropriated in the same manner as if 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 parity lien bonds, shall have a first and prior lien, but not necessarily 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 of additional bonds payable from the pledged revenues and const ituti 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 interest and the accumulation of the 1983 Reserve Fund for the Series 1983 Bonds, and the pledged revenues collected or received by the City in the last preceding fiscal year is sufficient to cover 1.35 times the average annual principal and interest requirements on the outstanding Series 1983 Bonds, and the proposed parity lien bonds: in addition, the estimated pledged revenues to be collected or received in the fiscal year in which th proposed parity lien bonds will be issued, shall be at least equ 1 to 1.50 times th averag annu 1 principal and int r at requirem nta of th S ri a 1983 Bonds and the propos d parity lien bonds. The pro)ec pl dg d r v - nu a shall b d ter in d by an nd p nd n c rtif ed public accountant, s d aignated by the City. In th v nt th t th p rcent g of th municipal us tax h b en 1ncr as d during th ding or curr nt iacal year, th n th pledg d r v nuea c n b ned by apply ng th n w p rc ntage to the oun oft us -35 - • I • • • • taxes actually collected during such prior fiscal year, for the purpose of deterrninig 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 whicb 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 with. 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 redempt i on dates. The Federal Securities shall become due at or prior t o t he respective times on which the proceeds thereof shall b needed, i n accordance with a schedule established and agreed upon between the City and such bank at the time of the creatio n of the e s crow, o r the F deral Securitie s shall be s ub j c t t o redempt io n a t the o ptio n of the holder s ther of t o a ssure s uch av ailability a s so n ede d within obliga to meet such sc h e d ule . The t r m •Federal Securiti a • the meaning of this section shall nclud only direct ons of, or obliga ions th principal and inter s of which re unconditionally guarante d by , the United ta es of America. S ction 16 . Refunding Escro 'rh proc da ot such S ries 1983 Bonds, being th 0 no l ss than $2,271,500, shall b d post ed by h n fund nd s para trust accoun , d sign d s •city o 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 sometimes referred to as the "Bank" ) • In addition, the amount of accrued interest on refunded bonds from May 1, 1983 to the closing date of the Series 1983 refunding bonds, being legally available for such purpose, is hereby appropriated and shall be deposited by the City in the Refunding Escrow Account, for the purpose of supplementing a portion of the proceeds of such Series 1983 Bonds. The Bank is hereby authorized and directed to pa y , from the proceeds deposited in said Escrow Account, the adm i n i - strative expenses if any, related to the issuance of the S e r i es 1983 Bonds and the purchase of the acquired obligation s . The expenses to be paid, if any, are enumerated and the am ou nts thereof set forth in Exhibit II of the Escrow Agreement, hereto attached. Further, the Bank shall provide for the paym e n for the acquired obligations and the necessary beginning ca s h, if any, as required in accordance with escrow sufficiency computa- tions verified by a Certified Public Accountant. There u pon, the balance, if any, of the proceed s shall be returned t o the City and the City shall place the amount in the 198 3 Bo nd Pu nd to b e hel d f or t he p a ym e n t o f th e pr i n ci pa l o f or i n t rest on the Series 1983 Bonds . The !or going provision s h all apply only to x c u funds on hand in th Escrow Account at th tia of delivery o th S ries 1983 Bonds and no furth r distribution of funds on h nd shall b mad to th C ty x c pt at th ti e of terain t on o th Escrow Agr m n t or as provid d th r in . -37 - • • • • • 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, u nde r a n d in a c cor- 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 Maturity Bond Numbers Series 1981A 1983 to 1986, 4 to 33, Bonds inclusive inclusive Series 1981B 1983 to 1986, 14 to 125, Bonds inclusive 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 Redemption Date and at the price set forth below: Is s ue S er ies 198 1A Bonds s ri • 1981B Bonds Mat u r i ty 198 7 to 199 1, inclusive 1 87 to 1991 , incluaiv Number 3 4 to 9 3 , inclusiv e 126 to 350 , incluaiv -38 - • Prior Redempt i on Date and Price November 1 , 1986, at par a nd a ccru d int r at plus a pr miu of 1 of principal. Novemb r 1 , 1986, at par nd accrued int r 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 herein 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. Additional Deposits. If, for any reason, at any time, the funds on hand in such Refunding Escrow Account shall be insufficient to meet such payments, as the same shall be about to become due and payable, the City shall forthwith deposit in such Refunding Escrow Account such additional funds as may be required fully to meet the amount about to become due and payable. Section 20. Obligations of Escrow Bank. The Bank shall from time to time redeem at maturity all or a portion of the non-callable federal securities in said Refunding Escrow Account, in sufficient amounts so that the proceeds therefrom and the interest thereon as the same accrues, will be sufficient to meet he interest requirements on the Outstanding Bonds as such inter- at accrues nd to pay the Ou standing Bonds at maturity or on the Pr or R d ption Oat ccording to the ech dule her inabov s t forth. s Authorizat on to Execut Th Ma yor author zed ake all necessary or appropri te ac ion oward th x cution o a prop r acrow Agre m n wi h h nk concerni ng th depoaita in, inveetm n a of and diabure m nta 9 - • 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 "8" 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 ti of such refunding, to the following, at the last known address thereof: (1) The F1rst National Bank of Englewood, Englewood, Colorado (as paying agent for the Outstanding Bonda) (2) Kirchner Moore & Company, D nver, Colorado (as the original purchas r of the Outstanding nda) (3) Hani en, Imhoff Inc., Denv r, Colorado (4) Conaolidat d Bond Call D nver, Color do th emb ra o h ak any and all o h ac iona nee aaary or appropr a uat th prov a ona of thia Ordinanc , includin , bu -40 - • n 0 • ' • • - 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 Outstanding Bonds, and that the net effective interest rate of the Series 1983 Bonds 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 wh ich at all times shall be sufficient to pay the Outstanding Bonds refunded, at maturity or on the Prior Redemption Date, as to principal, interest, prior redemption premiums, if any, and any charges of th escrow agent and any other costs and expenses payable therefrom, and that the computations made in de ermining such sufficiency have been verified by a Certified Public Accountant: (C) That the bonds do not constitute a d b or an ind bt dness of th Ci y within the m aning of ny constl utional, statutory or chart r liraita ion or rov a ion, and shall no b consider d or h ld o e a eneral obliga on o th Ci y. (D) That th aauanc of th S ri • 1983 nda and h re und ng of h ou • anding Bonds, and all pro- c dur • und r ken inc id n h e o, ar in pl nc and con o~i y with 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 otherwise 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 Actions. That all action heretofore taken by the officers and members o f the City Council, not inconsistent with the provisions of t hi s Ordinance, relating to the authorization, sale, issuance and delivery of the Series 1983 Bonds, be and the same are hereb y ratified, approved, and confirmed. Section 26. Repealer. All ord i nances o r parts thereo f i n conflict with this Ordinance are hereby repealed. Section 27. Ordinance Irrepealable. After the b o nds ar e is sued, this Ordinance shall be and remain irrepealable u nt il the bonds and the interest thereon s hall have been fully pa i d, s at is f i ed and discharged. Section 28. Severability. Shoul d any o ne or mo re sections or prov isions of this Ord in an ce b jud ici a lly d eterm i n e d 1nval1d or unenforce bl , such dete r in t ion shall no aff c , ap 1r or invalidate th r maining proviaions her of, th in n- ion be ng tha th vario u s provisions h reo are aeverabl • Sec ion 29. Re cord i ng and Authentica on . Thu Ordl.- n nc , a er 1t final p a asag , shall b in a book k p tor h purpos , u h n icat d by he s gnatur • of he -u - • 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 readinq on the 20th day of June, 1983. Published as a Bill for an Ordinance on the 22nd day of June, 1983. Read by title and passed on final reading on the 5th day of July, 1983. Published by title as Ordinance No.c8/, Series of 1983, on the jltitr day of July, 1983. ;.$tA Attest: Eugene L. Otis, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Cl City of Englewood, Colorado, hereby certify foregoing is a true, accurate, and complete passed on final reading and published by ti No.~, Series of 1983. • rk-Treasurer of the hat the above and copy of the Ordinance le as Ordinance Gary R. H1gbe • BY AUTHORITY ORDINANCE NO. SERIES OF 198~----- A BILL FOR • • • COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE INCREASING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2, AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, o f th e E.M.C . of '69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the Ci ty o f Englewood and School District No. 1 Arapahoe County, Co l orado, t o be known as the Parks and Recreati o n Commission. The said Commission shall consist of seven t~t NINE (9 ) persons: a. Two (2) shall be appointed by the Board o f Educat io n of School District No. 1 Arapahoe County, Colorado. b. Two (2) shall be appointed by the City Coun c il; c. Five (5) s ha l l be appointed by the appointees of the Board of Education and the City Coun c il, two (2) of whom shall be under the age of eighteen (18) years when appointed. 10-1-2: TERMS OF OFFICE The C ity Co un cil shal l de si gnate one (1) member of the Co mm issi on to s erv e until Fe bruary 1 , 1 9 8 2 and one (1 ) member t o se rv e unti l Fe br u ar y 1 , 1 984. Th Bo ard of Educ at io n s hal l designat one (1) ember of the Com ission to se rv e until eb r uary 1, 1982 and one (l) e ber to serve until br u ary 1 , 198 4. The four (4 ) m mbera thus desiqna ed shall deaiqnat t wo (2) additional b ra to serve un 1 February 1 , 1 82 , one (1) addi tonal m 111ber to erv un 11 bru ry l , 1 84 , A D 0 (2) ADDITIO AL MEMB RS UNDER THE AGE 0 lGHT N (18) YEARS SHA LL E AP POI NTED OR TERMS TO XPIRE 0 TH FIR T DAY 0 OCTOB R IN THE FOLLO WING YE AR. M e ne ~ ALL HEMS RS EXC PT THO MEMBERS U (18) Y ARS , WH EN AP POINT D, ahall b (4 ) ye r a . Curren erma affected • • -• • • 10-1-4: QUORUM Pe~r t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of Ee~r f4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 5th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 6th day of July, Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, int roduced, read in full, and passed on first reading on the 5th day of July, 1983. Gary R. Hlgb • • • • • • BY AUTHORITY ORDINANCE NO.~---- SERIES OF 198 COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL A BILL FOR MEMBER ______________ _ AN ORDINANCE INCREASING THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 , AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M.C. of '69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of seveft t~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1 Arapahoe County, Colorado. b. Two (2) shall be appointed by the City Council; c . Five (5) shall be appointed by the appointees of the Board of Education and the City Council, two (2) of whom shall be under the age of eighteen (18) years when appointed. 10-1-2: TERMS OF OFFICE The City Council (1) memb r of the to PT 0, nt I . - • • • • 10-1-4: QUORUM ~&~P t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of f&~P t4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 5th day of July, 1983. Published as a Bill for an Ordinance on the 6th day of July, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of July, 1983. Gary R. Higbee • I • • ORDINANCE NO.~---- SERIES OF 198 A BILL FOR • • - COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE INCREASING MEMBERS OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M.C. of 1 69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of seve~ t~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1; b. Four (4) shall be appointed by the City Council, two (2) of whom shall be under the age of eighteen (18) years when appointed. c. Three (3) shall be appointed by the appointees of the Board of Education and the City Council. 10-1-2: TERMS OF OFFICE The City Council shall designate one (1) member of the Commission to serve until February 1, 1982 and one (1) member to serve until February 1, 1984. THE TWO (2) MEMBERS UNDER THE AGE OF EIGHTEEN (18) YE~RS SHALL BE APPOINTED BY COUNCIL FOR TERMS TO EXPIRE ON THE FIRST DAY OF OCTOBER IN THE FOLLOWING YEAR. The So rd of Educ tion hall d signate one (1) member of the Commission o rve until February 1, 1982 and on (1) memb r to serv until Febru ry 1, 1984. The ~P t4t SIX (6) m mbers designated BY THE COUNCIL AND THE BOARD shall THEN designate two (2) addition l m mber to to serv until February 1, 1982 nd one (1) dditional memb r to serve until bruary 1, 1984. MembePa &f a e&mmi - e ft eP e ep e i!ft ~ ALL MEMBERS EXCEPT THOSE MEMBER S UNDER TH AGE OF EIGHTEEN (18), WHEN APPOINTED, sh 11 be ~e ~· ed APPOINTED for erma of four (4) year • Current member of th Com ission shall not h ve th ir t rms fected hereby. ) I • - • • • • • 10-1-4: QUORUM Pe~~ f4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of ie~~ t4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present. Section 2. All provisions in conflict herewith are repealed. Introduced , read in full, and passed on first reading on the 5th day of July, 1983. Published as a Bill for an Ordinance on the 6th day of July, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer o f th e City of Englewood, Colorado, hereby certify that the above and forego i ng is a true, accurate and complete copy of a Bill for an Ord i nance, introduced, read in full, and passed on first reading on the 5 th day of July, 1983. Ga ry R. Hig b ee • I • • • • ,. • BY AUTHORITY {~ ORDINANCE NO. V COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL SERIES OF 198~----- A BILL FOR MEMBER ______________ _ AN ORDINANCE INCREASING MEMBERS OF THE PARKS AND RECREATION COMMISSION TO NINE MEMBERS AND PROVIDING THAT TWO MEMBERS SHALL BE UNDER THE AGE OF EIGHTEEN YEARS BY AMENDING TITLE X, CHAPTER 1, SECTIONS 1, 2 AND 4, ENGLEWOOD MUNICIPAL CODE OF '69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title X, Chapter 1, Sections 1, 2, and 4, of the E.M .C. of '69 are amended to read as follows: 10-1-1: COMMISSION ESTABLISHED There is hereby established a joint commission of the City of Englewood and School District No. 1 Arapahoe County, Colorado, to be known as the Parks and Recreation Commission. The said Commission shall consist of seven t~t NINE (9) persons: a. Two (2) shall be appointed by the Board of Education of School District No. 1; b. Four (4) shall be appointed by the City Council, two (2) of whom shall be under the age of eighteen (18) years when appointed. c . Three (3) shall be appointed by the appointees of the Board of Education and the City Council. 10-1-2: TERMS OF OFFICE The City Council shall designate one (1) member of the Commission to serve until February 1, 1982 and one (1) member to s rv until February 1, 1984. THE TWO (2) MEMBERS UNDER THE AGE OF EIGHTEEN (1 8) YEARS SHALL BE APPOINTED BY COUNCIL FOR TERMS TO EXPIRE ON THE FIRST DAY 0 OCTOBER IN THE FOLLOWING YEAR. Th Bo rd o! Education shall design t one (1) m mber of the Co•mission o serve until February 1, 1982 nd one (1) ember to serve unt 1 ebruary 1, 1984. The ~r t4t SIX (6) m mbers designated Y TH COUNCIL AND THE BOARD shall THEN d signate two (2) additional mb rs o to serv until bru ry 1, 1982 and on (1) additional me b r to serve until ebru ry l, 1984. M ere e ••d e • er d *9na ALL MEMBERS EXCEPT THOSE M M ERS UNO R EIGHTEEN (18), WH N APPOINTED, shall be de .,n d or terms o! our (4) y rs. Current members of h shall no h v heir t rms c d hereby • • I • • • • • 10-1-4: QUORUM P~~P t4t FIVE (5) members of the Commission shall constitute a quorum for the transaction of business. In the absence of £~~P t4t FIVE (5) members, such members as are present may adjourn from time to time until a quorum is present . Section 2. All provisions in conflict herewith are repealed. Introduced, read in full, and passed on first reading on the 5th day of July, 1983. 1983. Published as a Bill for an Ordinance on the 6th day of July, Attest: Eugene L. Otis, Mayor f 1 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 5th day of July, 1983. Gary R. Higbee I • • - .. , ( • • • • f-) r ~ (~ , .. , 1, l ~~~ 0' \t---···~•L ./' 7(d) Cl iY 1.1 1\NA (i [!~'S o:;nc:: '' ... y ~ , 7'0 : Andy lfcCown, City /fanager ENLi LI::I'.'QO~, : V FRON: E. P. ROIII4ns, Director of Parks and Recreation y.,;k' DATE: June 22, 1983 SUBJECT: Telephone Vote from the Englewood Parks and Recreation Commission Concerning the Addition of Two Youth Nembers of the Commission Attached are the results of three questions asked of the Commission members. Councilwoman Br11dshaw 11skod thllt wo do not polo horsclf and Councllmarl lliydu!J (the two City representatives on the Commission). Question No. l -Should Council and School Board representatives appoint the two youth -.nbers? 3 Yes 2No Question No. 2 -Should City Council appoint the two youth members? l Yes 4No Question No. 3 -Shall the ordinance be revised to perait City Council to appoint the two youth ~rs as -11 as the adult members-at-large? l Yes 4No EPR/lw Encl. • I • • - ( • Englewood Schools A Step Ahead June 13, 1983 Mr. Andy McCown City Manaqer City of Englewood 3400 South Elati Englewood, co 80110 Dear Andy1 • • • 7@) ( i I '( i.:1•.·~ '::,1 , l.f~L U .\' ..• UD At ita regular meeting on Tueaday, June 7, 1983 the Board of Education expreaaed ita aupport of the eppointa8nt of two atudent repreaentatives to the Parka and Recreation eo-i.aaion. The Board further indicated ita aupport of the two atudenta having voting privileqea . Sincerely, RD1rh cc 1 Mellbere of the Board of Bducation • • • t 7tl • I • • • • .. ORDINANCE NO. SERIES OF 198~~----- BY AUTHORITY A BILL FOR 7E COUNCIL BILL NO. 40 INTRODUCE~ BY COUNCIL MEMBER ~ --------------- AN ORDINANCE AMENDING CHAPTER 4, TITLE I, ARTICLE III, OF THE CITY CODE BY REDISTRICTING COUNCIL DISTRICTS NUMBERS 1 AND 2 WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Election Commission of the City of Englewood has found that a variance in population in excess of their permissible limits does in fact exist between Districts 1 and 2 as heretofore established by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH~ CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Sections 31 and 32, Chapter 4, Title I, Article III, of the '69 Englewood Municipal Code are hereby amended to read as follows: ARTICLE III --COUNCIL DISTRICTS l-4-31; COUNCIL DISTRICT NO. I Council District No. 1 shall include and be comprised of all that northwesterly portion of the city bounded on the east by the centerline of South Logan Street from East Yale Avenue, the northerly city limit line, to the centerline of East Floyd Avenue, thence eeeeerly WESTERLY fro ALONG the centerline of East Floyd Avenue to the centerline of South ilerkee" Street BROADWAY, thence southerly along the centerline of South Qlerk .. " i~ree~ BROADWAY ~. ehe .. fteerltfte ef Ieee He pdeft Ave"~•? theftee ve•e•rly frea the eefteerltfte ef Seveh ilerk e" i reee eftd ••• He pdeft Ave"~• ee the eefteer ltfte ef Sovth Peedvey? theftee .. ~eherly fre the eefttep ltfte ef ieveh Peelvey •• eeee Heapdeft Ave"~• to the centerline of Oxford Avenue, thence westerly from the centerline of Oxford Avenue at outh Broadway to the westerly city limit line, thence north along said city liait line and following said city limit line to the intersection of aat Yale Avenue and South Logan treet, the point of beginning. l-4-32: COU CIL DISTRICT NO. II Council District o. 2 shall include nd be co pri ad o! all th t north asterly portion of the city bound d on th ve1t by the centerline of outh Logan Street and ast Yale Avenue e ng the no rtherly city 11a1t line, thence outherly to th center- line of eat Ployd Avenue end South Logan Street1 th nc 1 I • • I. • • • e~see~ly WESTERLY along the centerline of East Floyd Avenue to the centerline of South €l~~ks~n Se~eee BROADWAY; thence southerly along the centerline of South €l~~ks~n Se~eee BROADWAY to the ~nee~aeee~~ft ~E S~~eh €l~~ks~n Se~eee ~ne YT6T H~~hw~y ~85 fS~se ~efEe~a~n A¥en~et~ CENTERLINE OF EAST HAMPDEN AVENUE; THENCE EASTERLY ALONG THE CENTERLINE OF EAST HAMPDEN AVENUE TO THE CENTERLINE OF SOUTH CLARKSON STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF SOUTH CLARKSON STREET TO THE INTERSECTION OF SOUTH CLARKSON STREET AND U.S. HIGHWAY 285 (EAST JEFFERSON AVENUE), SAID INTERSECTION ALSO BEING THE CITY LIMITS LINE; THENCE ALONG THE CITY LIMITS THE FOLLOWING COURSES: EAST ALONG THE CENTERLINE OF EAST JEFFERSON AVENUE TO THE CENTERLINE OF SOUTH LAFAYETTE STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH LAFAYETTE STREET TO THE CENTERLINE OF EAST HAMPDEN AVENUE; THENCE EAST ALONG THE CENTERLINE OF EAST HAMPDEN AVENUE TO THE CENTERLINE OF SOUTH UNIVERSITY BOULEVARD; THENCE NORTH ALONG THE CENTERLINE OF SOUTH UNIVERSITY BOULEVARD TO A POINT 450 FEET, MORE OR LESS, NORTH OF EAST DARTMOUTH AVENUE; THENCE WEST TO THE EAST RIGHT OF WAY OF SOUTH VINE STREET EXTENDED; THENCE SOUTH ALONG THE EAST RIGHT OF WAY OF SOUTH VINE STREET EXTENDED TO THE CENTERLINE OF EAST DARTMOUTH AVENUE; THENCE WEST ALONG THE CENTERLINE OF EAST DARTMOUTH AVENUE TO THE CENTERLINE OF SOUTH FRANKLIN STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH FRANKLIN STREET TO THE SOUTH RIGHT OF WAY OF EAST AMHERST AVENUE EXTENDED; THENCE WEST ALONG SAID SOUTH RIGHT OF WAY TO THE CENTERLINE OF SOUTH DOWNING STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH DOWNING STREET TO THE CENTERLINE OF EAST YALE AVENUE; THENCE WEST TO THE CENTERLINE OF SOUTH LOGAN STREET AND THE POINT OF BEGINNING. LOGAN STREET AND THE POINT OF BEGINNING. Introduced, read i n full, and passed on first read i ng on the 5th day of July, 1983 Published as a Bi l l for an Ordinance on the 6th day of J uly, 1983. Attest: Eu9ene L. Otis, Mayor ex officio city Clerk-Treasurer 2 • 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 5th day of July, 1983. Gary R. Higbee 3 • I . - ' • • • • - 7E ORDINANCE NO, BY AUTHORITY SERIES OF 198.,.j __ _ COUNCIL BILL NO. 40 INTRODUCE~~y COUNCIL A BILL FOR MEMBER fJ) AN ORDINANCE AMENDING CHAPTER 4, TITLE I, ARTICLE III, OF THE CITY CODE BY REDISTRICTING COUNCIL DISTRICTS NUMBERS 1 AND 2 WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Election Commission of the City of Englewood has found that a variance in population in excess of their permissible limits does in fact exist between Districts 1 and 2 as heretofore established by City Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH~ CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Sections 31 and 32, Chapter 4, Title I, Article III, of the '69 Englewood Municipal Code are hereby amended to read as follows: 1-4-31: ARTICLE III --COUNCIL DISTRICTS COUNCIL DISTRICT NO, I Council District No. 1 shall include and be comprised of all that northwesterly portion of the city bounded on the east by the centerline of South Logan Street from East Yale Avenue, the northerly city limit line, to the centerline of East Floyd Ave nue; thence •••eerly WESTERLY fre• ALONG the centerline of East Floyd Av enue to the cente rline of South GlerMeeft Ser e BROADWAY; thence southerly along the centerline of South QlerM .. ft Street BROADWAY ._ ehe eefteerl~fte ef ieee He pdeft AYeftwet theftee veeterly tre• the eeftterl~fte et Se~th Gl erM eoft itree• eftd Ieee He pdeft AYeftwe ee the eeftter l~fte et Se~eh ireedvert heftee .. weherly tre• ehe eeftter l~fte et so~eh i••••vey ee eeet He pdeft A¥eftwe to the centerline of Oxford Avenue; thence westerly from the centerline of Oxford Avenue at South Broadway to the westerly city limit line; thence north along said city li it line and following said city limit line to the intersection of ast Yale Avenue and South Logan Street, the point of beginning • 1-4-32: COUNCIL DISTRICT NO, II Council District o. 2 shall include and b comprised o! all that northeasterly portion of the city bounded on the west br the centerline of outh Logan Street and ast Yale Avenue b ng the northerly city limit line; thence southerly to the center - line ot aat Ployd Avenue and South Logan Street; thence 1 • I • • - • • • • • easee~%y WESTERLY along the centerline of East Floyd Avenue to the centerline of South €%a~~9~ft Se~eee BROADWAY; thence southerly along the centerline of South €%a~~9~ft Se~eee BROADWAY to the ~ftee~seee~~ft ~£ s~~eft €%a~~s~ft se~eee afte ijT6T H~~ftway ~85 tSase ~e££e~8~ft Aveft~et~ CENTERLINE OF EAST HAMPDEN AVENUE; THENCE EASTERLY ALONG THE CENTERLINE OF EAST HAMPDEN AVENUE TO THE CENTERLINE OF SOUTH CLARKSON STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF SOUTH CLARKSON STREET TO THE INTERSECTION OF SOUTH CLARKSON STREET AND U.S. HIGHWAY 285 (EAST JEFFERSON AVENUE), SAID INTERSECTION ALSO BEING THE CITY LIMITS LINE; THENCE ALONG THE CITY LIMITS THE FOLLOWING COURSES: EAST ALONG THE CENTERLINE OF EAST JEFFERSON AVENUE TO THE CENTERLINE OF SOUTH LAFAYETTE STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH LAFAYETTE STREET TO THE CENTERLINE OF EAST HAMPDEN AVENUE; THENCE EAST ALONG THE CENTERLINE OF EAST HAMPDEN AVENUE TO THE CENTERLINE OF SOUTH UNIVERSITY BOULEVARD; THENCE NORTH ALONG THE CENTERLINE OF SOUTH UNIVERSITY BOULEVARD TO A POINT 450 FEET, MORE OR LESS, NORTH OF EAST DARTMOUTH AVENUE; THENCE WEST TO THE EAST RIGHT OF WAY OF SOUTH VINE STREET EXTENDED; THENCE SOUTH ALONG THE EAST RIGHT OF WAY OF SOUTH VINE STREET EXTENDED TO THE CENTERLINE OF EAST DARTMOUTH AVENUE; THENCE WEST ALONG THE CENTERLINE OF EAST DARTMOUTH AVENUE TO THE CENTERLINE OF SOUTH FRANKLIN STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH FRANKLIN STREET TO THE SOUTH RIGHT OF WAY OF EAST AMHERST AVENUE EXTENDED; THENCE WEST ALONG SAID SOUTH RIGHT OF WAY TO THE CENTERLINE OF SOUTH DOWNING STREET; THENCE NORTH ALONG THE CENTERLINE OF SOUTH DOWNING STREET TO THE CENTERLINE OF EAST YALE AVENUE; THENCE WEST TO THE CENTERLINE OF SOUTH LOGAN STREET AND THE POINT OF BEGINNING. LOGAN STREET AND THE POINT OF BEGINNING. Introduced, read in full, and passed on first reading on the 5th day of July, 1983 ,Jth Published as a Bill for an Ordinance on the ~ day of July, 1983. Attest: Eugene L. 0 la, Mayor x officio City Clerk-Treasurer 2 • 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 5th day of July, 1983. Gary R. Higbee 3 I . • • .. C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 6/28/83 SUBJECT City Election Districts INITIATED BY Gary R. Higbee, City Clerk Adoption of proposed election districts submitted by the ACTION PROPOSED ______________________________________________ __ City Election Commission BACKGROUND: The City Charter requires that the City Council consider redistricting the City election districts every four years at least six months prior to the municipal general election. 1983 is the year to complete this requirement . The Charter requirements for establishing election pre - cincts are: 1. The distr icts shall be contiguous and compact. 2. The districts have approximately the same number of registered voters. The variance between the high and low district ca nnot exceed 15,. The City Election Co mmission et in Mar ch and recommend d that the current election district 's re ain unchanged as the vari- ance atlll meets the Charter criteria. T £lee ion Co iaaion waa informed by the City Attorney tha th provlaiona of he City Charter were unconatitutional. Case law requires that popul tion b used in dra wing election district linea ina ead of using registered votera. diatrlc vo era. alon w1 Arap ho Th lee ion Commiaaion me again and reconaidered th linea ualng he population data inate d of registered unity Oevelopaen 0 partment provided the Com is- ion da a baaed on the 1980 census. Using he 1 c ion precinct •• the basic defined area, he I • • • • • Election Commission established a new proposed election redistrict- ing plan. The attached maps show the old plan and the new plan. The proposed redistricting would: 1. Cause a variance of 6.8, between the high and low districts using population as the criterion. 2. Cause little disruption in the election districts as currently drawn. RECOMMENDATION: City Council should pass a resolution adopting the pro- posed election districts submitted by the City Election Commission. Attachments: ~: PiOPosed Election District Map Old Election District Map Tables: 1. Proposed Districts 2. Old Districts SUGGESTED ACTION : MOVED BY ____________ _ SECOHD ----------------- VES ______ ~N O ______ ~A8SENT __________________________________ __ • • • - 6 NORTH I , 7 • • - CITY OF ENGLEWOOD, COLORADO .... J a . ! 0 "' ~ .,,.o ~ ~ I . , 6 NORTH • • • CITY OF ENGLEWOOD, COLORADO • • - • • PROPOSED ELECTION DISTRICTS USING POPULATION DATA County Estimated Registered District Precinct PoEu1ation Voters I 10 1 1,342 286 104 1,345 570 105 1,293 627 109 903 431 112 1,308 582 116 ~:~~; 7 62 3,"2'58 II 106 1 ,037 58 5 1 0 7 1 ,022 60 7 1 08 717 4 52 11 0 1,221 67 5 1 11 1 ,067 44 6 11 4 1,685 599 11 5 685 411 r,m ~ III 113 1 ,353 664 117 1 , 341 455 12 4 826 602 125 1 ,250 379 131 1 ,56 2 753 134 9 39 536 ..,-;TIT ~ IV 121 877 341 122 299 156 123 883 420 126 916 439 127 816 471 128 1,002 452 129 1,159 667 130 ~:n~ 526 T;m • • 30,021 13, 94 ( 6.85 \ 15.87 var. • • - • • CURRENT ELECTION DISTRICTS COMPARING POPULATION WITH REGISTERED VOTERS County Estimated Registered District Precinct PoEulation Voters I 101 1,342 286 104 1, 345 570 105 1,293 627 109 903 431 111 1,067 446 112 1,308 582 116 i:~~: 762 m II 106 1,037 585 107 1,022 607 108 717 452 110 1,221 6 7 5 114 1,685 599 115 685 411 r,wr ~ III 113 1,353 664 117 1,341 455 124 826 60 2 125 1,250 379 1 31 1 ,56 2 75 3 1 34 939 536 "r,ffi" !';J19 IV 121 8 77 341 122 299 156 123 883 4 20 126 916 439 127 816 471 128 1,002 4 52 129 1 ,159 667 130 i :U~ 526 • m I To al Cl y 30.021 13.894 • VI C • 38.8 10 .1\ • • - I • C 0 U N C I L DATE June 29, 1983 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM ?.; SUBJECT "Permit to Construct" and "Permit to Use" INITIATED BY -------=E~ng~l~e~wo~o~d~W~at~e~r-=a~nd~S~ew~e~r-=B~oa~r~d~--------------------- AC TI ON PROPOs ED ____ _.:..:.APt:JP::..:r~o:.:..v!:.a l.:.....:::o:..:,.f_t::.:he~_":..:Pe::..:rm..!!!.!.i .!:..t ...:t~o:....C~o:!!n!.:!s:.:t:..:ru~c~t'-"~a~n.!!::dL--" P:..:e:.!rm..!!!.!.i .!:..t ...:t~o:....U~si!!ie._"_ INTRODUCTION In the past many problems have arisen between the City and connectors to the sewer system during the co nnection period. Often owners claimed ignorance of the City of Englewood rules while contractors disregarded them. In many of these cases both owners and contractors would claim the City had no enforcement power applicable to them since they were outside the City limits. The proposed p rmit syst will speci fy th responsibilities of the owner, contractor, district and th City. It creates two permits: (1) permit to construct and conn ct to the s w r system, and (2) permit to use the sewer system. Th p rmit to use th system does not bee active until all the City construction and ad inistratfve require nts are met. Penalties for non-compl1ance are specified and a ch c -list of City requir nts is given to lhe r and contractor. By signing the permit, the owner and contractor agr to all the provisions contained in the permit . I • • RESOLUTION NO.3 0 SERIES OF 1983 • • • A RESOLUTION APPROVING THE REQUIREMENTS FOR A PERMIT TO CONSTRUCT AND TO USE A SANITARY SEWER SYSTEM. WHEREAS, the City, through its Char t er and Or di nan c e s , ha s created an extensive wastewater collection system a n d construc t ed a substantial wastewater treatment facility; and WHEREAS, it is necessary to monitor and control construct i on and use of the system; and WHEREAS, Lhe City Council has received from the Water and Sewer Board a recommendation concerning requirements for permit t ing the construction and use of the sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following requirements for a permit to construct and to use an sanitary sewer system are hereby approved: 1. Prior to receiving the Permit to Construct Sanitary Sewer, owner shall submit construction documents (drawings and specifications) for any proposed sewer main. All construction documents must bear the stamp of a licensed, professional engineer, and the stamp of approval from the appropr i ate sanitation distr ict . These construction documents are sub j ect to review and approval by the City of Englewood. (Not appli c able in the case of a single 4• or 6• service connections.) While the Ci ty will attempt to make a timely review, owner or contractor should plan o n a two -week rev i w period. 2 . Pr i or to re cei v i n g th e P rm i t t o Con st ru c t San i tary Sewer, owner shall : a . Su bm it a copy of the r eco rd ed plat . I n ad dition , th o wn r sha ll submit either an address pl a t for su bd i v ision develo pm ent or leg 1 d scription& of 11 properti s inv ol v d in 11 other cases. b. Submit proof that easements are record d when requlr d. c . Sub it ddresae for all prop rties or which per ita are being reques ed. d . Submit d atrlct clear nee pa ra end pay epp11cabl connection ee and charges. 1 • • • • • 3. In the case of main line extension: a. Owner shall arrange for a preconstruction meeting to be attended by representat i ves from the City, district, contractor and owner. b. The City must be notified 24 hours before commen c ing construction. In the case of 4" or 6" service line inspection s , one hour notification is required. All work is to be complete wh e n the inspector arrives. The City will make partial inspections; however, if the work i s not ready for inspection when the inspe c t or arrives, the contractor will be billed for the inspector's time a t the current hourly rate. 4. All sanitary sewer work must be signed off by the City of Englewood inspectors with no exceptions. 5. No sanitary sewer c onstruction may be backfilled un til authorization is given to do so by the Ci ty. In the event that t he work is backfilled pri o r to acceptance by the Ci ty, all of it will be dug up and expo sed fo r ins pe cti on. 6. No s a nit ary s ew er ma in o r s erv ice li n e may be us ed in any fash i on, eithe r by the o wne r o r the co ntra cto r, pr io r t o t he Dir ec tor o f Utilities signi n g t he "Pe rmit t o Use Sanitary Sew e r ." The "Permit to Use " shall not be si gned by the Director of Ut ili tie s un til all r equi r ed s ubm it tal s have been rece i ved by the Uti l it i e s De partment and all r equi r ed fee s an d c harges hav e been pa i d t o the City and Dist r ict. 7 . In the case of main line exten sio n, as-co n s tru cted dr a wings must b submitted to t he Ci ty by o wner an d appr o v ed by the City of Engl od before the final i n s p ection , acce ptan ce and use . 8 . All construction shall confo rm to th City 's ordinanc s , rul s nd r gulations . It is intended that th r vie w p r oc ss shall be the main v hicle for insu r ing th City r equirements are m t. Wh n the C1ty insp c or signs ither th permit to construct or permit to use, the Ci y is only giving per ission to cons ruct or uae such acilit The owner is still responsible and liabl for any conae u nc to in dequa e ngin ering or cons rue ion by either h a mploy ea or co ntractor s . 9. r ea to no ify the City of any changes in addr sa or telephone nu b r for owner or contr ctor, or any change in prop rty ownerah p or con rae or. Th Per•it o Construct San tary S w r shall b co• null and void a the City 's op ion should he City b un bl o con ac th o wner a th addr as and elephon numb r listed on he P rml o Construct nt acy s w 2 • • • -• • • 10. These permits are not transferable and are revocable by the City at its discretion for any violation of or non-compliance with any Federal, State, EPA, or City of Englewood rules, regulations, or laws. 11. The "Permit to Construct" is valid for one year from date of issue. After that period, City may, at its sole discretion: a. Extend the Permit to Construct and retain all fees and charges. b. Rebate the connection fee and revoke the Permit to Construct. (Inspection fees will not be rebated.) After the one-year period, the City shall increase appropriate connection fees from those in existence when the Permit to Construct was issued to those then currently in effect. This increase in fees shall be due and payable prior to issuance of the Permit to Use. Section 2. The Ci ty Council hereby approves the following Perm i t to Construct a San i tary Sewer, attached hereto as Exhibit "A". Section 3. City Coun c il hereby approves the following Permit t o Use a Sanitary Sewer Sys tem, attached hereto as Exhibit •a•. Section 4. City Co un c il hereby authorize s th e Director of Utilities to deviat e from the f o rego i ng requirements when and if the circumstances requ i re deviation. Sa i d rul i ng of the Dire c tor of Utiliti s s ha ll be appealed pur s uant t o author i ty granted in t he Englewoo d Mu n ici pa l Cod e '69, as amend e d. ADO PTED AN D APP RO VE D thi s ~ d y of __ J_u_l_y'---, 1 9 8 3 • Attest: Eugene L. 0 la , Mayor ex officio City Clerk-Treasurer I , G1ry R. H gb e , x o iclo City Clerk-Tre•a ur e r o t h e City o ngle wood , Colorado , h reby cer ify he he abo v e end oregoing la • tru , eeeure end co ple e copy of Resolution No. _____ , Ser a of 198 • • I • • • • - r . ' PERMIT TO CONSTRUCT SANITARY SEWER - VALID FOR ONE YEAR I FOR INSPECTION CALL ' AFTER DATE ISSUED 761-1140 EXT. NO . SERVICE DATE : BY : ADDRESS : ZIP : RCPT. PERMIT NO .: FEE : LEGAL METER TAP DESC . : LOT BLK .: SIZE : FEE : CLASS : SUBDIVISION: SAN . TAP DIST.: SIZE . OWNER PHONE : ACCT. occ . NAME : NO .: DATE : ADDRESS : BILLING INFO . : ZIP : CONTRACTOR : PHONE : ADDRESS : ZIP: APPROVED FOR THE DISTRICT BY : ----------------lOI.ILI~----------- TITLE · PPROVED FOR THE CITY BY : ---------------li.UI..,_ _________ _ TITLE : , owner of subject property, and con tractor for -ow_n_e_r-,-a.,.o__,.h_e_r-eb.-y_a...,.ffi rm that we have read the Requi r-em_e_n-:t,_s___,.f,_o-r....,P.-e_rm....,..,.i.,...t-- to Construct Sanitary Sewer, and understand and agree to all of i ts terms . We express ly unders tand and agree that we are respons i ble fo r in suring that a ll work be done in accordance w1th the tenns set forth i n the Requ1rements and a ll City ordinances, rules an d regula t i ons cu rrent ly in effect. We expressly agree that no use of the sewer w1ll be made until final 1nspect1on by repr esentatives of the City is made, and the D1rector of Ut1l1t1es or hi~/her author1zect representat1Ve signs the "P ermit to Use Sanitary Sewer". e underst nd that no 1nsp ection w1ll be made on any sewer fac1lity that has been backfilled, and we gre tnat should the s wer be used without final insp ct1on by a City inspector, and 1gn1ng of th "Per1n1 t to Use an1tary S w r" by th D1r ctor of Ut1l1 t 1 s or h1 I ~er uthoru d representativ , the owner, by s1gn1ng this p n•11t, 91 es to th Clty nd the District, the nght to disconnect the s w r s rvic lln from th 01 tnct in and agr s to p y the cost of d1sconn ct1ng nd pay doubl w r tap and conn ction s prior to reconn cting to th s wer nd furth r g1v es to th City the right to 11 ~ a l1en g 1nst th property 1n th event pay nt for such d1sconnect1on 1s not r c 1 d w1thin th1rty (30) days of such disconn ction. und rst nd nd gr th t th doubl f sh 11 apply for ny u o th f c1l1~y n t sp cifi lly ppro v d by th Oir ctor of Ut1lities in wr1ting prior to sign1ng of t.n "P nnlt 1.0 Usc ~ nlt ry Sew r" nd th t no xceptions wnl b m d to th1 r qu1r~o:t1~nl d------~~----------------- n r Contr ctor • • • • • PERMIT TO USE SANITARY SEWER ADDRESS : CONNECTED IN: 0 ALLEY 0 STREE T 0 EASEMENT TAP LOCATION: FEET FROM MANHOLE REMARKS: The owner of the ro ert p p y listed hereon and the contractor for the owner have satisfied all the requirements of the City of Englewood's Permit to Construct Sanitary Sewer and are now given permission to use the sanitary sewer at this property. This permit is revokable by the City of Englewood whenever permit holder, his successor or assign, is in violation of the Englewood City Code and, upon six y days' notice, fails to comply with the Code provision cited. After the sixty-day period, City may revoke the permit and disconnect the service line from the main. After disconnection, reapplication for a "Permit to Use Sanitary Sewer• must be made to restore service and applicant shall pay all appropriate tap fees, connection fees, and inspection fees, as well as the cost incurred by the City f o r disconnection, in addition to those tap fees, connection fees, and inspection fees paid prior to disconnection. I - INSPECTED ay : __________________________________________ DATE : ________________________ __ APPROVED FOR THE DIS~ IY: ------------------------------DATI: _______________________ __ TITLE: _____________ _ POSTED IY : ____________________________________________ DATE : ________________________ __ APPROVED IY DIRECTOR OF UTILITIU: _____________ IY; ----------------- TITLE :----------------------- OWNIR ____________________________ OATE : ___________________ __ • • • -' RESOLUTION NO.~ SERIES OF 1983 • • • A RESOLUTION APPROVING THE REQUIREMENTS FOR A PERMIT TO CONSTRUCT AND TO USE A SANITARY SEWER SYSTEM. WHER EAS, the City, through its Charter and Ordinances, has created an extensive wastewater collection system and constructed a substantial wast ewater treatment facility; and WHEREAS, it is necessary to monitor and control construction and use of the system; and WHEREAS, the City Council has receiv d from the Water and Se wer Board a recommendation concerning requirements for permitti ng the construction and use of the sanitary sewer system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following requirements for a permit to construct and to use an san i ary sewer system are hereby approved: 1. Prior to r ceiving the Permit to Construct Sanitary Sewer, owner shall submit construction documents (drawings and specifications) for any proposed sewer main. All construction documents must b r the stamp of a licensed, professional eng ine r, and the stamp of pproval from th appropriate sanitation dis trict. These construction documents re subj c to review and approval by the City of Englewood. (Not applicable in the case of a singl 4• or 6• service conn ct ons.) Whi le the Ci ty wil l att mpt to m k timely review, owner or co ntr ctor should plan on a two-week r vi w period. 2. Prior to receiving th P r it t o Cons truct Sanitary Sewer, own r sh 11: Sub it a copy of the record d plat. In addition, he owner shall submit either an address plat or subdivi ion develop•ent or 1 1 escciptions o all prop r i s involved in 11 other cases. b. su proo tha sem nt ar recorded whe n r ulred. c. ar in r qu conn c ion ubll i d a nd ch ddr • • for all pro es or wh ich p r•its c:l r nc 1 • • • • .. 3. In the case of main line extensi o n: a. Owner shall arrange for a preconstruction meeting to be attended by representatives from the City, district, contractor and owner. b. The City must be notified 24 hours before commencing construction. In the case of 4• or 6• service line inspections, one hour notification is requir ed . All work is to be complete when the inspector arrives. The City will make partial inspections; however, if the work is not ready for inspection when the inspector arrives, the contractor will be billed for the inspector's time at the current hourly rate. 4. All sanitary sewer work must be signed off by the City of Englewood inspectors with no exceptions. 5. No sanitary sewer construction may be backfilled until authorization is given to do so by the City . In the event that the work is backfilled prior to acceptance by the City, all of it wil l be dug up and exposed for inspection. 6. No sanitary sewer main or service line may be used in any fashion, either by the owner or the contractor, prior to the Director of Utilities signing the •Permit to Use Sanitary Sewer.• The •Permit to Use• shall not be signed by the Director of Utilities until all required submittals have been received by th Utilities Department and all required fees and charges have been paid to the City and District . 7. In the case of main line ext nsion, as-constructed drawings must be submitted to the City by owner and approved by h City of Englewood befor th final insp ction , acceptance and use. 8. All construction shall conform to the City's ordinance , rules and regulations. It is intended that the review process shall b the main v hicle for insuring the City requirements are met. When the City inspector signs either th permit to construe or p rmi to use, th City is only giving permission to construct or use such acillti a. The owner Ia till responsible and li 1 for any consequence du to inade u te engineering or cons rue ion by either hia mploy ea or contrac or • 9. to notify th City of any ch ng a in addre s for owner or con r ctor, or any changes in Th Perm! to Cons rue Sani ary he Ct y's op ion should the 2 h ddr as and 1 phon Sanlt ry • I • • - (( • • • 10. These permits are not transferable and are revocable by the City at its discretion for any violati on of or non-compliance with any Federal, State, EPA, or City of Englewood rules, regulations, or laws. 11. The "Permit to Construct" is valid for one year from date of issue. Aft er that period, City may, at its sole discretion: a. Extend the Permit to Construct and retain all fees and charges. b. Rebate the connection fee and revoke the Permit to Construct. (Inspection fees will not be rebated.) After the one-year period, the City shall increase appropriate connection fees from those in existence when the Permit to Construct was issued to those then currently in effect. This increase in fees shall be due and payable prior to issuance of the Permit to Use. Section 2. The City Council hereby approves the following Permit to Construct a Sanitary Sewer, attached hereto as Exhibit "A". Section 3. City Council hereby approves the following Perm it to Use a Sanitary Sewer System , attach d hereto as Exhibit •s•. Section 4. City Cou c il hereby auth oriz s the Dir ctor of Utilities to d viat from the foregoing requi rements wh n and if the circumstanc s r quire deviation. Said ruling of the Dir cto r of Utiliti sh 11 b pp aled pursuant to authori y gran d in t e Englewood Munic1pal Code '69, as amended. ADOPTED AN D APP OVED his 5th d y of __ J_u_l....::y'---, 1 3 . Attest: ex officio cl y Clerk-Treasurer I, G ry • H q e, ex nglewood, Colorado , ng is a ru , accurat , Serl a o 1 8 • Eugen L. Otis, Mayor iclo C ly Cl rk-Tre reby certify ha h nd compl e copy of 3 • h I • • • • • 'PERMIT TO CONSTRUCT SANITARY SEWER - VALID FOR ONE YEAR I FOR INSPECTION CALL AFTER DATE ISSUED 761-1140 EXT. NO . SE RVIC E DATE : BY: ADDR ESS : ZIP : RCPT. PERM IT NO .: FEE ' LEGAL METER TAP DESC . : LOT B L K S IZE : FEE CLASS : SUBDIVISI ON : SAN . TAP DIST.: SI ZE . OWNER PHONE : ACCT. occ NAME; NO .: DATE : ADDRESS: BILLING INFO. : ZIP : CONT RACTOR : PHONE : ADDRESS : ZIP : APPROVED FOR THE DISTRICT 8'1': --------------loUi-1..10.:.----------- TITLE .PPROV ED FOR THE CITY 8 '1': --------------....IO:o.LJ...._ _________ _ TITL E : Perm i t ly ttl ta 1hLy reQull'clll 1 I • a ________________________ _ n r • • • • PERMIT TO USE SANITARY SEWER ADDRESS : CONNECTED I N: 0 ALLE Y 0 STREET 0 EASEMENT TAP LOCATION : FEET FROM MANHOLE REMARKS : Th e o wner of the ro ert p p y listed hereon and the contractor for the o wner have satisfied all the requirements of the City of Englewood's Permit to Construct Sanitary Sewer and are now given permiss~on to use the sanitary sewer at this property. This permit is revokable by t h e City of Englewood whenever permit holder, his successor or assign , is in violation of the Englewood City Code and, upon sixty days ' notice, fails to comply with the Code provision cited. After the sixty-day period, City may revoke the permit and disconnect the service line from the main. After disconnection, reapplication for a "Permit to Use Sanitary Sewer" must be made to restore service and applicant shall pay all appropriate tap fees , connection fees, and inspection fees, as well as the cost incurred by the City for disconnection , in addition to those tap fees, connection fees, and inspection fees paid prior to disconnec ion. I IN SP ECT ED ay : __________________________________________ DATE : ________________________ __ APP ROVED FOR T HE DIST. I Y! ------------------------------DAT E ! ______________________ __ TIT L E! _____________ _ POSTED I Y: ____________________________________________ DAT£: ________________________ __ AI'PIIOVED IY DIRECTOR OF UTlLITIES: _______________________ ey , ----------------------- TITLE : __________ _ OWNIR ________________________________________ DAT : ___________________ __ E ><.~-+, ·, r • • • • • RESOWTION NO. A RESOLUTION OF INTENTION TO ISSUE INDUSTRIAL DEVELOPMENT REVEWE BONDS TO 'FINANCE A PROJECT FOR SAFEWAY STORES, INCORPORATED WHEREAS, the City of Englewood, Colorado (the •city•), is authorized by the Colorado County and Municipality Development Revenue Bond Act, constituting Article 3, Title 2q, Colorado Revised Statutes 1973, as amended (the •Act•), to finance, refinance, acquire, own, lease, impcove and dispose of one or more projects, including any land, building or other improve- ment and all real or personal properties suitable or used for or in connection with c0111111ercial or business enterprises, upon such conditia'ls as the City may deem advisable: and WHERY.S, the City is further authorized by the Act to i ssue i ts industrial development reve'lue bonds for the purpo s e o f defraying the cost o f financing any auch project : and Wf£RE'AS, representatives of Safew y S tores Incor por ted, a Ma ry land c orporat i on (the •c a~pany•), have met w i t h o f1ci ls of the City and h a ve dvised th e Cit y of th e Compan y's inter t n cq uir lnq, CONI ruct inq a nd uipl)inq a ret il qrocery stor h vlnq an rea of pproxl t ly 47,000 squar f t, proi)Oa d o b located on !!ast Hampden l!lypa sa a oo th IAlq a n Str , w ithin th C l y, a w 11 a all re a l ta i x tures nd ui !*l I . • • • 2 necessary or convenient therefor (collectively, the "Project"), subject to the willingness of the City to finance the Project through the issuance of industrial development revenue bonds pursuant to the Act; and WHEREAS, the Company has requested that the City qive favorable consideration to the Canpany 's proposal to issue bonds, and take such actim as is necessary to qive the City's approval of the Project financing as proposed by the Canpany; and WHEREAS, the Company has qiven its assurance to the City that the Canpany will pay, or reinburse the City for payment e of, any and al l leqal fees and expenses and administrative costs and expenses heretofore incurred or hereafter to be incurred by the City related to the Proj ect and its f'inancinq, and that such agreement to pay or reinburse the City is not contingent upon CO IIIII8'\cetlent or complet ion o the Project or the financ inq 1 and WHEREAS, the Co pany has represented to the City that the Project will b esiqned to qualify s •project• within the nin of the nd WIEREAS, the City conai rs that the Project, ir tocated within the City, will ist the City in pr tinq con ic d velo t and al ploy ent within the Cityr nd • • I • • • • • 3 WHEREAS, the City has considered the Canpany's proposal and has concluded that the economic and other benefits to the City will be substantial and that it wishes to proceed with the develoJnen t and financing of the Project. BE IT RESOLVED BY THE CITY roUNCIL OF THE CITY OF ENGLE- WOOD, roLORADO: Secticn 1. That in order to induce the Company to locate and construct the Project within the City, the City shall take steps to effect the issuance of indlstrial develo(:lllent revenue bonds in a maximum aggregate principal amount not to exceed S4,SOO,OOO, or such lesser amount as shall be mutuall y aqreed upon, to finance the Project. No costs are to be borne by the City in co nnecticn with this transaction. Sect i on 2. That prior to execution o f the necessary financing docuamts as shall be mutually ag reed u pon in connec- tion w ith the financing of the Project, such documents will be sli::l ject to authorization and approva l hy the City Council pursuant to law. S ction 3. That the Company has agreed to pay or reim- burse the City for any and all leqal fees an expenses nd administrative costs nd xpense heretofor incurred or h r - after to be incurred by the City related to the Project and the tin ncinq, nd that snch qreeaent to pay or reimburs th Ci y is not conting n upon c nc ~~ent or canol tion of th Proj- ect or the tinancinq. • I • ( • • • 4 Section 4. Neither the Bonds, including interest and any premiums thereon, nor anythinq with respect to the indlstrial development bond project shall constitute a debt or indebted- ness of the City within the meaning of the Colorado Constitu- tion or statutes of the State of Colorado, nor qive rise to a pecuniary liability of the City nor charge against its qeneral credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of the revenues derived from and payable pursuant to the financing plan of the canpany. Sectim S. That all co11111itments by the City herein are subject to the condition that on or before fifteen (15) months from the date of final adoptim hereof, the City and the Com- • pany shall have agreed to I'IIUtually acceptable terms for the bonds and for the sale and delivery thereof, unlec;s an exten- • sion is I'IIUtually aqreed upon. Sectim 6. That this Resolutim, as adopted by the City Council , s'"lall be nu!NJered and recorded in the official records ot the City. ADOPTED AND APPROVED t he 5th day of July , 1 983. A t a ex offl.c1o I, G ry • H1gb , h Cl y of Engl wood, Color tor go1n9 1s a ru , accura o. , s n • ot 1983 . x officio do, h r by nd compl is, Mayor I • - c • • • Notice of Public Hearing Concerning Bonds to Finance a Project for Safeway Stores, Incorporated Notice is hereby given that the City Council of the City of Englewood, Colorado (the "City") will conduct a public hear- ing on concerning the approval of the issuance of industrial development bonus by the City for the purpose of acquiring and constructing a retail grocery store for Safeway Stores Incorporated, and related real and personal property, which will be located within the City. The bonds will not constitute a debt of the City but will be payable solely from amounts required to be paid by Safeway Stores, Incorporated to the City under the plan of financing. All interested parties are invited to present comments at the public hearing regarding the bond issuance and the project being financed thereby. The public hearing will be held on ---------' at located within the City. • - ( • • • • RESOWTION NO. J~ A RESOWTION OF INTENTION TO ISSUE INDUSTRIAL DEVEIDPMENT REVEKJE BONDS TO F !NANCE A PROJECT FOR SAFEWAY STORES, INCORPORATED WHEREAS, the City of Englewood, Colorado (the •city•), is authorized by the Colorado County and llo\unicipality Development Revenue Bond Act, constituting Article 3, Title 2q, Colorado Revised Statutes 1973, as amended (the •Act•), to finance, refinance, acquire, own, lease, il11pcove and dispose of one or more projects, including any land, building or other improve- ment and all real or personal properties suitable or used for or in connection with c0111111ercial or business enterprises, upon such conditims as the City may deem advisable; and MHEREAS, the City is further authorized by the Act to issue its industrial develOPftl~t revenue bonds for the purpo s e o f defraying the cos t of financing any auch project; and Wf£REAS, representatives or Safewa y Stores Incorporated , a llo\ar y land c or pora tion (the •c CIIIpany•), h av met w i th officia ls of th City nd hav advls d the Cit y or the C ompa ny 's inter t in cquirinq, construe inq and uippinq a r t i 1 roc ry store having an re of poroxi .at lY 4 7 ,000 squar feet, proPOs~d to b located on !&at 8 pd n &y pa ss t <;~th Loqan Str , w ithin the City, •• 11 •• all real ta te , ti x tuc s and equi • • - • c • • • 2 necessary or convenient therefor (collectively, the "Project") 1 subject to the willingness of the City to finance the Project through the issuance of industrial development revenue bonds pursuant to the Act; and WHEREAS, the Company has requested that the City give favorable con; ideration to the Ca~~pany 's proposal to issue bonds 1 and take such acti m as is necessary to give the City's approval of the Project financing as proposed by the Ca~~pany; and WIERF'AS, the Company has given its assurance to the City that the Canpany will pay, or reillt)urse the City for payment • of, any and allleqal fees and expenses and ad•inistrative cos ts and expenses heretofore incurred or hereafter to be i ncurred by the C ity related to the Proj ect and i ts H nanc ing1 a nd that suc h aqreement to pay or reinburse the C ity is n o continge nt u pon c o~W~encemen t o r co mplet i on of t he Pr oject or the fi na ncinq 1 an d IEREAS 1 the Com pa ny has repreaen ted to the City that the Projec wi 11 be deaiqned to qualify as a •project • with in th ninq of th ; and , the City cona dera that th Pro t, i loca within th City, will bt the City in pr tinq conomic velo t nd dditi al ploy11 t wit in the City; nd • • ( • • • 3 WHEREAS, the City has considered the Canpany 's proposal and has concluded that the economic and other benefits to the City will be substantial and that it wishes to proceed with the develo~Dent and financing of the Project. BE IT RESOLVID BY THE CITY CXHJNCIL OF THE CITY OF ENGLE- WOOD, COLORADO: Sectim 1. That in order to induce the Company to locate and construct the Project within the City, the City shall take steps to effect the issuance of ind.tstrial develoiJ!Ient revenue bonds in a maximum aggregate principal amount not to exceed S4,SOO,OOO, or such lesser amount as shall be mutually aqreed e upon, to finance the Project. No costs are to be borne by the City in connectim with this transaction. • J Section 2. 'nlat prior to execution of the necessary financing docuaen ts as shall be mutually agreed upon in connec- tion with the financinq of the Pro ect, such documents will be subject to authorization and approval hy the City Council pursuant to law. Section 3. Tha th C oape ny haa agre d to pay or rei - ':l urse the City tor ny nd all ~qal f a and xp nses nd administrativ co ts and xpens h retofor incurred or h r- fter to be incurr by the City rela ed to h Proj c nd th fin ncing, and ha such qr to pay or rei ur he Ci y ia not con inqent upon c nc or c ol tion f h Pro1- ect or the tin nc:in • • I • • • • • • • 4 Section 4. Neither the Bonds, including interest and any premiums thereon, nor anythinq with respect to the industrial development bond project shall constitute a debt or indebted- ness of the City within the meaning of the Colorado Constitu- tion or statutes of the State of Colorado, nor qiv<!! rise to a pecuniary liability of the City nor charge aqainst its qeneral credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of the revenues derived from and payable pursuant to the financing plan of the canpany. Secti<n 5. That all co11111itments by the City herein are subject to the condition that on or before fifteen (15) months from the date of final adopti<n hereof, the City and the Com- e pany shall have agreed to mutually acceptable terms for the bonds and for the sale and delivery thereof, unleo;s an exten- • s ion is mutually aqreed upon. Secti<n 6. That this Resoluti<n, as adopted by the City Council, s"'all be nunt>ered and recorded in the offici 1 records ot the City. ADOPTED AND APPROVED th 5th day of July, 1983 . A •• I, G ry . Hlgb , Ci y o Engl wood, Color o1ng 1• a ru , accura ______ , s r1 • o! l 83 • • • • • • • • Notice of Public Hearing Concerning Bonds to Finane~ a Project for Safeway Stores, Incorporated Notice is hereby given that the City Council of the City of Englewood, Colorado (the "City") will conduct a public hear- ing on concerning the approval of the issuance of industrial development bonus by the City for the purpose of acquiring and constructing a retail grocery store for Safeway Stores Incorporated, and related real and personal property, which will be located within the City. The bonds will not constitute a debt of the City but will be payable solely from amounts required to be paid by Safeway Stores, Incorporated to the City under the plan of financing. All interested parties are invited to present comments at the public hearing regarding the bond issuance and the project being financed thereby. The public hearing will be held on ~--------' at located within the City . • • • - • • • • • LAW 0F F'I C£!i ..JOHN M . 0£15CH MICHACL B . MA .. IDN 0E:ISCH AND MARION , P . C . 7a3 SHERMAN STREET OENVER ,COLORAOO 80203 BIIAO w. Blllt51.AU ANTHONY l . 5DKDLDW Rick DeWitt City Attorney -City of Englewood 3400 South Elati Englewood, Colorado 80110 June 21, 1983 Re: Darnall and Coberly v. Englewood Case f: 79CV1534 Dear Rick: TELEPHONE 937 ·1122 AREA COO£ 303 This will confirm that trial in the above-mentioned matter has been scheduled for September 11, 1984 through September 13, 1984. I am still awaiting the Court's determination on our Summary ~ Judgment Motion . As soon as I am advised of Judge Gately's ruling, I will forward a copy to yoursel f . • Thank you very much . 8WB1ncw CCI FOrU.III Ina. Attn• Br an L o File 71CP989 I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE June 29, 1983 AGENDA ITEM SUBJECT HYDRAULI C HAMMER <V INITIATED BY stu Foncia ACTION PROPOSED AWARD OF BID '------------------------------------------- BACKGROOND : In the 1983 budget, there was approved a "Capital Outlay" item consisting of a self-propelled hydraulic hammer for cutting and compacting utility trenche s. This piece of equipment was budgeted $20,000 under "Water Transmission and Dis- tribution" and $15,000 under "Street Division of Public Works". DISCUSSION: Sealed bids were opened on June 29th for this piece of equipment. Only two suppliers are available in the Metro area and bids were received from ach one as follows: RECOHMENOATI Booth Rouse Equi nt Co. stern States Ma chinery Co. $31,625.76 31,790.00 reoo nd hat Council award the bid for purchas of the self-propelled hydraulic r to Booth use Equip nt Co. in th &JN)unt of $31,625.76. I . • • .. - MEMO RA NDUM TO: Pete Vargas, Assistant City Mana ge r FROM : Kells Wag9Qner , Di rector of Public Work s R [ (,~ C \ V E () Stewart Fonda, Director of Utiliti es SUBJECT: Hydraulic Hammer DATE: June 21, 1983 Ill 2 :~ 1383 CITY MAl lAI.il:.!< ~ lll i ll:l ENGlEWOOD In the 1983 budget, a hydraulic compactor was approved for purchase. The cost was to be divided between the Public Works Department and the Utilities Department. Public Works was to pay about $15,000 under account #02-37-44XX and Utilities was to pay about $20,000 under account #09-04-44XX. About three blocks of water line is being installed on Cherokee Street as part of the current paving district. A hydraulic hammer is necessary to obtain compaction that meets City standards. Inadequate compaction will cause the trench to subside after the street is paved necessitat ing future costly repairs. To rent a hydraulic hammer would probably cost between $3,000 to $5,000 for this job alone . We, therefor , recommend I diate purchase of the hydraulic hammer so that it may be utilized on the Cherokee Street paving project . St~ Dlr ctor of Public Works Dir ctor of Utilities • ) • • -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N SUBJECT DATE June 28, 1983 AGENDA ITEM 9 (b) APPOINTMENTS TO CITY COUNCIL ADVISORY BOARDS INITIATED BY ----~C~i~t~y~C~o~un~c~i~l~------------------------------------- Council to various Cit ACTION PROPOSED A ointments be confirmed b Council Advisory Boards DIRECTIVE It is the recommendation of City Council that appointments be made as follows: Englewood Downtown Development Authority Reappointment of RACHEL OWENS (3200 Wadsworth Boulevard) to a four-year term of office commencing June 30, 1983, expiring June 30, 1987. Appointment of WALT TAMOOKA (69 West Floyd Av nu ) to a four-year term of offic commen cing June 30, 1983, expiring June 30, 1987. Appoint& nt of VALERIE LASH (235 East Corn 11 Avenu ) to a fiv -y ar t ra of office commencing July 1, 1983, expiring July 1, 1988. Appointment of LOIS STERLING (4800 South Fox Str t) ffectiv July 5, 1983, to an unexpired tera of oC ice wh ich wil l xpire F bruary 1, 19 6. ( 959 South Aeoae Str t) to a thr• y ar tara of 3, pirin Au uat , 19 d Av u in A t ctlv uly 5, 1 3, o 8. r of • • • • J l Cll • •