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Home My WebLink About1983-12-05 (Regular) Meeting Agenda• • .. City Council Meeting -Regular December 5, 1983 0 • • - 0 F sq. &o, 0 1. 0 . ~ . ~ ~ -:If ( ' 4-, 5) • • • J . J 1lL ·a tJ _ /lLU. -tl 1-y I~ -6-3 ROLL CALL I : 3--v Moved Seconded Hiqday Neal Fitzpatrick Weist Bi lo Bradshaw Otis • • • Ayes Nay Absent Abstain c I~ u - ,U -=!1 !16 • • • - • • ROLL CALL Moved Seconded Ayes Nay Abse!lt Abstain Higday L---. Neal t-- Fitzpatrick t.- Weist -t.-- Bi lo y Bradshaw /.;-' Otis v • • • • • • ROLL CALL Moved Seconded Ayes Nay Absep t . Abstain Hi<lday ~ Neal -:r J./ Fitzpatrick v-Wei st ' Silo Bradshaw Otis I tfi}--. r3- ( • • • • • , . • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday T Neal l Fitzpatrick I Weist I Bi lo I Bradshaw Otis - • • • • • ROLL CALL Moved Seconded Ayes Nay Absent y Abstain H l qd<lY T Neal I v Fltzoatrick I Weist T v-Bi lo Bradshaw Otis • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hi(JC!ay Neal Fitzpatrick Wei st Bi lo v Bradshaw Otis --- :f d.JU \~; L ( J I (} p I . • • • • • ROLL CALL Moved Seconded A yes Na y Absent Abstain Hiqdav Neal v Fitzoatrick Weist v-Bi To Bradshaw Otis ---dfJ_ ~ r'lc.t--t~ '--- /")'1 • '""2 <---l."-C. ~~ r~V-~ vi r~ ,-:) () '/ pu ' dl ,/1. t. \! uu.- ST (L c. / 'z ;a 1 ,.:;-A t?'A-,______ J. 6 ~-~ c 0 .;) /~ ~ (. --7 2 f,, J ) l i'L<J ~ ) • ,-1 t 6 ( I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -1gday -Neal Fitzoatrick Weist -Bi lo Bradshaw Otis ;3 ~ li l v- fU c at 1-o1 ~/)......Cl-/-Lt 1 "1-{.) 4 /ut 1 '1 <..) o-'1.. r" .~ r-5 L LL-< 1.L ,. tL t o0 ' i. .-( t r s-c ~< tl'..av -{....~ . _... .[ .1. !-.{ f!..J ~ u / ... -c , ~ # ?'a::zl u/t.ltJ <J I ' ti. ~ )\ ~ :J )a: lv tc; p li.J • • • • - • • ROLL CALL Mov ed Seconded Ayes Nay Absent Abstain Higday I Neal ' Fltzoatrick -Weist I Bi lo f Bradshaw I Otis I • • • - • - ROLL CALL Moved Seconded A~s Nay Absent Abstai n Higdav \ Neal I Fl tzoatrick I Weist Bi lo I 1 Bradshaw I Otis I \ / I • • • Mov e d Secon de d s,~ (_ (£& ;; .fjt, I n ROLL CALL Hi gday Neal Fi tzoatrick Wei st Bi lo Bradshaw Oti s ( / ('J • \.. • • Ayes Na y Absent Abstain {7 , • \... • • ROLL CALL Moved Seconded Higday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis Ll{ }he f(~ D4 fv~ L -n -i_ ( 11 e 1..Ja ;c~~ -'--u }5 LiJ-t --~ ~ (. (cJ- J l{ ) c ./.. .H '-1~ 1--1' d { t tJ IJ. l l ( k__ - -{j Ayes Nay Absent Abstain ~f 1. l l0_(2LQ VL t & ~ (I '" L .(_J A {c e,...-1. <._ I {.,<." ' ..._.., i c.,l,_, I' 1 ../ I< ... : Ctf , J ' i U I ( ') • - Moved • \.. • • ROLL CALL Seconded Hlc!day Neal Fitzoatrick Weist Bi lo Bradshaw Otis j- 0 Ayes Nay Absent Abstain J 11• t L -dJ fl)c ' i1 "-(~ J ~1') ~ ~~ ,-,-,.!)A. t lt d L. (} • ...xJ n ll t n tt 2 ~ LJ I G, t ' (. J /0 1 u (} ) ;z; I ,;.t. tJ • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fl tzpatrick Weist Bi lo Bradshaw Otis • • • • - ROLL CALL Moved Seconded Ayes Nay Absent '\ Abstain ~roaav I ,__. Neal I t-Fitzoatrick I Weist I Rilo Bradshaw Otis \.... I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -HfQdav Neal Fl tzoatrick Weist Bi lo Bradshaw Otis /i£ Qr-z-t<fd ~ ~;J 1) /lff'u'> {f 0-..-R 'll + (Y)·y, .r A.-cU J L/-t V<----£-c_. ~ rn (L ~) jC ;-n u f· "J' cU _....} (J ..(._ <') ;y /Jt 1 '~ • • • • \._ • • ROLL CALL Moved Se conded Aye ' Nay Absent Abstain Hiqday 7 Neal I v-Fi tzoatrick Wei s t Bi lo I v Bradshaw Otis \. • • • \... - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain j../"' Hiqdav ""\ Neal l v Fltzoatrick I Weist 7 Bi lo I Bradshaw I Otis I '\. c.. A • • • • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H 1 1dav \ Neal I t---' Fl tzoatrick 1 Weist I Bi lo I v Bradshaw I Otis I \ I • • • \.. - • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,....._ triQOav ' Neal I V"'" Fltzoatrick I Weist I Bi lo I L--Bradshaw r Otis \ I . • • \... • • ROLL CALL Moved Seconded Ayes Nay Absent I Abstain v Hiqday r Neal I ;..-Fl tzoatrick I Weist T Bi lo I Bradshaw \ Otis "-.. , • • • \._ • • ROLL CALL Moved Seconded A yes N ay Absept Abstain Higdav Neal Fi tzoat rick Weist R ilo Bradshaw Otis ';)/.C • tel L z;· l'A.) )} hb &..t 1 ~ l ( (.t, o.l 0 ( t u ( (1 ... ./. ( 6 ~L{ 6o ¥:... '6 J • • • \._ - • .. • ' . ROLL CALL Moved Seconded Ayes Na y Absent Abstain Hlgday Neal ,_,_ Fltzoatric.k Weist I ...-Bi lo I Bradshaw I Otis r \ / • • • • • ROLL CALL Moved Seconded Ayes' Nay Absent Abstain Higday v Neal I Fitzpatrick I Wei st I ~ Bi lo f Bradshaw I Otis 1 ~ &-. I . • • • - ' \ V ;3 G ) ~·~~ l g b LB +-frc r ~ &<f ~"" · t j_ lc~ A, /n ~ ? /l /:__ (!____" ) • ·c. 7:30P.M. 1 • • • • AGENDA POll THE ltEGULAlt MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBElt 5, 1983 /()DP Call to order, invocation by lteverend Adrian House, Pirst Christian Church, 3190 South Grant Street, pledge of allegiance by Boy Scout Troop 1115 and 1154, and roll call. 71: Minutes. (a) Minutea of the regular aeeting 1983. (Copiea enclosed.) o\1 of Noveaber ft. ---_-.-o:J-c.t..'-~ <. ,.,.._ ~ 'W --...--rt o1 t' -~( 2. Pre-Scheduled Visitors. (Pleaae liait your &entation to 10 ainute a .) 3. Public Co aaunicationa - (a) Minutea of the Board of Career Service Coaaiaalon- era aeetinga of Septeaber 14, Septeaber 21, !. I' and October 6, 1983. (Cop1ea encloaed.) 6. Coaau lcationa -Action lecoaaended. (a) Council Coaauni cation froa the Library Depart- • nt concerning an a1r••• nt vlth Swediah Medical Center Library. (Coplea encloa d.) (b) Council Coaauni catio troa the Library Adviaory loard cone rnln& Lib ry Adviaory loard Policy I vitiont. (Copt 1 nclot d.) • -• \._ • ,. • Page 2 December 5, 1983 Agenda 6. / Communications -Action Recommended (Continued). (c)+.,--touncil Coamunication from the Water and Sewer lor» Board concerning the design and construction participation of the City Ditch. (Copies enclosed.) lr c ~d) c C>- Letter froa Mr. Dale Durran concerning his resignation from the Court Advisory Comaittee. (Copies enclosed.) 7. City Attorney. Ordinances on Final Reading. (b) Ordinance aaending Sections 5-26-3(1), (4) and (5) and 5-26-5(8) and Section 5-15-38, para- graphs 3 and 4 of the Englewood Municipal Code 1969 concerning outside eaployaent and re- employment provisions of the Adainistrative Procedures. (Copies enclosed.) Ordinance approving a sever easeaent agreeaent with the South Metro Fire Training Academy aeabera, the City of Littleton, OSPREY, Inc., Centennial Dovna Metropolitan District, and the River Venture, a joint venture. (Copies e nclosed.) Ordinanc aproving an agreeaent titled "Joint Re c reation Agreea nt " providing for shared us a of th E nglewood High Sc hool Sviaain Pool. (Co pi e s n e l o sed.) (d) Attorney's Choice. Ctt '"' r. <•) ( ) a doptin& th bud& t ood, Color ad o , for tb d elerina en •• ra ney . • • • • Page 3 December 5, 1983 Agenda 8. City Manager (Continued). (c) Manager's Choice. ~ 9. General Discussion. (a) Mayor's Choice. (b) Council Meaber'a 10 . Adjournaent. q??:.!r--'1 1~1 f "' AK/sb • • • • • .. COUNCIL CHAMBERS City of Englewood, Colorado November 21, 1983 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 21, 1983, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order . The invocation was given by Monsignor Thomas Berry, All Souls Catholic Church, 4590 South Logan Street. The pledge of al- legiance was led Boy Scout Troop 1 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Weist, Bilo, Otis. Absent: Council Members Fitzpatrick, Bradshaw. The Mayor declared a quorum present. * * Also present were: * * * * * * • City Manager McCown Assistant City Manager Vargas Ci y Attorney DeWitt Fire Chief Broman Director of Engineering Services Diede Deputy Ci y Clerk en * * * * • COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 1983. Council Member Higday s cond d th motion. on page 4 was , • r. an i e• whi ch • November 21, 1983 Page 2 • • .. a waste rather than the fact we are actually in court over the case itself. Council Member Nea l referenced page 11 and discussion of the tax levy in mills. He had wanted some reflection to show i n the minutes on how we arrived at that mill levy. Council Member Neal stated in lieu of changing these minutes, he would make a similar comment at consideration of the second reading. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Otis. None. Council Members Fitzpatrick, Bradshaw. The Mayor declared the motion carried. * * * * * * * Pre-scheduled visitor Mr. Don Barker, Barker, Rinker, Seacat Arch itects , 2546 15th Street , Denver, presented the results of bids taken on the commun ity cente r. Mr. Barker stated bo h his firm and the City staff wa s recommending taking he base bid plus alternates 1, 2 , and 5 resulting in a bid amount of $3,270,300. The lo w bidder ou of 11 bidders was R.D. Ander son Construe ion Co mpany. Mr. Barker stated the referen ce evaluation of the contractor reflected good reports; therefore, Mr. Barker recomm nd d award of bid to the low bidder. At this time Council d cid d to discuss agenda ite 8 , Council Comaunication cone rning the award of contrac for construc- tion of the Englewood Co unity Center. COUNCIL M B R SILO MOVED TO BRING FORWARD AGENDA ITEM SE. Council M aber Hiqday seconded the otion. Upon a call of the roll, th vot resulted as follows: Ayes: Nays: Council M bers Hiqd y, Bilo, 0 is. one. al, W ist, A sent: Council M eb rs zp rick, Bradshaw. The May or declared • I • ....... November 21, 1983 Page 3 • • .. COUNCIL MEMBER BILO MOVED TO AWARD THE CONTRACT FOR CON- STRUCTION OF THE ENGLEWOOD COMMUNITY CENTER TO THE LOW BIDDER, R.D. ANDERSON AS ATTACHED IN THE RECOMMENDATION FOR $3,270,300 AND ALSO THAT A CONTINGENCY FUND IN THE SUM OF $305,600 BE MADE AVAILABLE FOR IMMEDIATE CHANGES. Council Member Higday seconded the motion. Council Member Neal asked how the $305,600 was determined. City Manager McCown stated it was the balance of the monies available from the bond proceeds, and coincidentially happened to be approximately 10' of the bid. Council Member Neal stated 10' was high and queried the use of the bond balance for this budget procedure. Mr. Neal preferred to see discipline enacted in the construction process. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION TO REDUCE THE CONTINGENCY TO $100,000, LEAVING A BALANCE AVAILABLE ACCOUNT TO BE APPROPRIATED AT A LATER DATE WITH COUNCIL'S APPROVAL. Council Member Bilo seconded the motion. In response to Council Member Weist's question, Mr. Barker stated the base bid included the concrete tile shingles which are more expensive than the asphalt but can withstand weather better and provide a more permanent roof. The asphalt roof was a deduct alter- nate. Counc i l Member Bi lo did not support the solar system. Co un c i l Memb r F i tzpatri c k entered th meeting at 7 :55 p.m. Upon a c a ll o f t h e r o ll, h e vo e o n the amendmen t r e sulted as fo llows : Ay es : ys: Absen : Co un cil Member s Higda y, N al, Pi zpatri c k, Bilo, Weist , Ot is . one . Council M • er Bradsh w . The Mayor d clared th mendmen carried. Upon a call of the roll , he vote on the ori9inal otion r ault d •• ollows: Ay a: Council w ia , 0 al, 1 zpa rick , Bilo • • • • \... • - November 21, 1983 Page 4 Nays: None. Absent: Council Member Bradshaw. The Mayor declared the motion carried. In response to Council Member Higday's question concerning the solar system, Director of Engineering Services Diede stated there were numerous subcontractors on a job of this type that are not checked. However, because the solar system was a large part of the project, he would evaluate that subcontractor to make sure he was capable of doing the work. were: * * * * * * * There were no other visitors at this time. * * * * * * * •communications -No Action Recommended• on the agenda (a ) (b ) (c ) (d) (e) (f) Minutes of the Parks and Recreation Commission meetings of September 8 and October 20, 1983. Minutes of the Urban Renewal Authority meet i ngs of October 5 and 20, 1983. Minutes of the Board of Ad j ustmen t and App eals meeting o f Oc tober 12 , 1 98 3 . Mi nute s of the Down to wn D v elo pm e n t Au t ho r ity meeti ng s of Octo be r 12 and 27 , 19 8 3 . Mi nut es of t h e Pl anni n g and Zoning Commission meeting of October 18 , 1983 . Minutes of th Public Library Board me ting of November 8 , 1983. City Man ger McCown noted an error in (a) minutes o! September 8, 1983 . Mr. McCown tated the minute w no returned becau e th y had already been approv d. Mr. cCown sta d the state- ment on page 6, s cond par graph , discussion concerning corr pond- ence th t Director Romans received f r om h Ci y M nager in regard o he aelec ion o! t wo youth m b ra on the Parks a~d R creation was incorrec • The correapondenc a a ed 1 was h feeling o th School/Ci y Comml ee tha Cl y Council should have inpu in he ael c ion of the t wo you h m • Mr. McCo wn a at d h correc I • November 21, 1983 Page 5 • • .. language should be •the School/City Committee should have input in the selection of the two youth members not the City Council.• COUNCIL MEMBER NEAL MOVED TO RECEIVE •coMMUNICATIONS -NO ACTION RECOMMENDED• AGENDA ITEMS S(A) -S(F). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Parks and Recreation Commission for the City to expend anony- mous donation in the amount of $100 out of the trust fund for the purchase of a tree for the golf course. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE PURCHASE OF A TREE FOR THE ENGLEWOOD GOLF COURSE WITH FUNDS FROM THE ENGLEWOOD PARKS AND RECREATION FOUNDATION TRUST FUND. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Otis. None. Council M mber Bradshaw. The Mayor d clared th motion carried. * • • • • * • Assistant Cl y Mana9 r Var9a presented a Council Communi- cation from th Water and Sewer Board recommendin9 the approval of n a9r emen on the Brown Ditch and Genesee. COU CIL MEM R HlGDA¥ MOVED TO DIR CT TH MAYOR TO EXECUTE TH PRO OS D AGRE MENT ON TH ROWN DITCH DIVIDING THE DISPUTED 10 INCH S BETWEEN THE TRUST A D GEN SE SUCH THAT TH TRUST RETAINS 5 I CH S 0 TH DISPUTED AMOU T AND G N SE RETAINS 5 INCHES FOR TH IR • I • • • • .. November 21, 1983 Page 6 USE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo Weist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * * Assistant City Manager Vargas presented a Council Communi- cation from the Water and Sewer Board recommending approval of pay- ment to the Denver Water Board for two-thirds of the amount paid by USGS for the Cabin Creek gaging station. COUNCIL MEMBER HIGDAY MOVED TO APPROVE PAYMENT TO THE DENVER WATER BOARD FOR TWO-THIRDS OF THE AMOUNT PAID THE USGS BY THE DENVER WATER BOARD FOR THE 42• USGS/CABIN CREEK GAGING STATION. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Otis. None. Co un cil Memb er Bradshaw. The Mayor declared th motion carried. * * * * * * * Council Member Fitzpatrick noted a correction to the Council minutes of November 7, 1983, which w re approved at the b ginning of th meting. On pag 3, th minut a indicated that Council Memb r Br dshaw both moved to approve and to •econd the motion o ward purchase of sludge pumps. Council instructed the Clerk to determine who seconded the motion. * * • • * * * BY AUTHORITY • • November 21, 1983 Page 7 ORDINANCE NO. 54 SERIES OF 1983 • • • \.. COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE TO REGULATE THE COLLECTION OF WASTEWATER AND TREATMENT THEREOF TO PROVIDE FOR MAXIMUM PUBLIC BENEFIT BY SETTING FORTH UNI- FORM REQUIREMENTS FOR PRETREATMENT OF INDUSTRIAL WASTEWATER, BY SET- TING SEWAGE TAP FEES AND CHARGES AND BY CLARIFYING THE REQUIREMENTS FOR CONNECTION TO THE PUBLIC WASTEWATER SYSTEM BY ADDING CHAPTER 5, TITLE XV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 55, SERIES OF 1983, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 56 S ERIES OF 1 983 • • • • BY AUTHOR I TY • • • COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER HI GDAY AN ORDINAN CE APPROVING AN AGREEMENT WITH THE STATE OF COLORADO, THE S TATE DEPARTMENT OF HIG HWAY S , DI VISION OF HIGHWAY S , PROVIDING FOR THE RE CO NSTRUCTION OF ENG LE WOOD 'S CITY DI TCH. COU NCIL MEM BER HIGDAY MOVED TO PA SS CO UN CIL BI LL NO. 57 , S RIES OF 1983 , ON FI NAL READING. Council M mber F itz p at r ick sec- onded the o ion. Upon call of the roll , th vote resulted as follo ws: Ayes: Council bers Hi9day , Neal, F itzpa rick, Silo, ia , 0 is. Nays: on . Absen Council M 11b r radsha w. The Mayor declar d th otion carried . I • November 21, 1983 Page 8 ORDI NANCE NO. 58 SERIES OF 1983 * * * * BY AUTHORITY • • .. * \ - * * COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER BRADSHAW/NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES, COLO RADO WATER CONSERVATION BOARD, STATE OF COLORADO, PROVIDING FOR THE CONSTRUCTION OF CHANNEL IMPROVEMENTS TO THE SOUTH PLATTE RIVER BETWEEN WEST OXFORD AVENUE AND U.S. 285 (HAMPDEN AVE.). COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 59, SERIES OF 1983 , ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Absent: Council Members Higday, Neal , Fitzpatrick, Bilo, Weist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 59 SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMB R FITZPATRICK A ORDINANCE APPROVING AN ADO NOUM FOR ESTABLISHMENT OF THE APAL BOOK FUND WITH TH ARAPAHOE REGIO AL LIBRARY DISTRICT TO BETTER LIBRARY SERVICES TO CITIZE S OF E GLE OOD AND TH COUNTY. COU CIL MEMB R ITZPATRIC MOVED TO PASS COU CIL BILL NO. 60, SERIES 0 1983, 0 FI AL R ADI G. Council Me ber Bilo a conded h motion. Upon a call of the roll, the vot resulted as follows: Ay a: Council bera Higday, N al, Fitzpatrick, Bilo, w 1a , 0 ia. one. I • November 21, 1983 Page 9 Absent: • • • Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 60 SERIES OF 1983 * * * * BY' AUTHORITY' * * * COUNCIL BILL NO. 63 INTRODUCED BY' COUNCIL MEMBER HIGDAY AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLE- WOOD, COLORADO, FOR THE YEAR 1984 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 63, SERIES OF 1983, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Council Member Neal stated in establishing the mill levy for the City, Council took last year's collections from the mill levy of 6 mills and added to that a natural rate of growth for the City. Mr. Neal noted projects like the Waterford and Cinderella City amounting to $15 million of improvements. Council estimated the growth at 7\ and used that as a fair collection based on prior years' collections. Therefor e , Council did not arbitrarily increase any mill levy, it was based upon collecting the same relative amount of dollars from each property in the City. The 2.496 mills was the 3.000 mills authorized by the voters in last spring's lection for h community c nter. Council too wha 3 .000 mills would hav generated und r the old ass ss d value and calculated back the sa collection from ach home owner based upon th new assessed value. Mr. N al stated in that way Council ade ev ry a empt in th rld to do i on as fair and up- front a basis as possible. Mayor Otis point d ou instead of .000 mills, the levy is 5.694 for he g neral fund nd ina ad of 3.000 mills for th debt service und it w • r due d to 2.496. Mayor Oti stet d the co ment that Council doubled the mill levy r el e ta e ex was unfound d and in error. Upon e call of the roll, he vo r aul ed •• !ollowa: Ayes: Council M b rs Higd y, eal, Pi zpatrlck, ilo, w 1st, 0 is. I • - November 21, 1983 Page 10 Nays: Absent: • • • None. Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTIONS 5-26-3(1), (4) AND (5) AND 5-26-5(8) AND SECTION 5-15-38, PARAGRAPHS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOYMENT AND REEMPLOYMENT PROVISIONS OF THE ADMINISTRATIVE PROCEDURES. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1983. Council Member Neal seconded the motion. City Attorney DeWitt stated •A Bill For• should be struck in the title because the bill was passed on first reading and now being presented in amended form. Council Member Neal asked if the bill reestablishes auto- matically seniority upon rehire. City Manager McCown stated originally it wa s recommended to Council a system be set up whereby if an employee was rehired, at the discretion of the department head and our office the rehire could be given back full seniority rights, etc. After thoroughly discussing the issue, i was concluded to be too complicated and complex to effect the provision. There were too many questions concerning pen- sion, sick leave, etc. The recommendation was to delete this idea but 1 v in paragraph 5-15-38 which allows the department to require h r hire to serve a probationary p riod if ne d be. Ther fore ther ill b no seniority rights; the only provision hat the City will is if a form r mployee comes back and is r ployed he or she r quir d to serv a probationary period. Upon a call of the roll, the vote r sulted as follows: Ay s: aya: Council Members Higday, Neal, Fitzpa rick, Bilo, Weist, Otis. None. • ) I • November 21, 1983 Page 11 Absent: • • • Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SEREIS OF 1983 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT TITLED •JOINT RECREATION AGREE- MENT• PROVIDING FOR SHARED USE OF THE ENGLEWOOD HIGH SCHOOL SWIMMING POOL. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 62, SERIES OF 1983, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Weist supported the bill on first reading but wanted more information to satisfy himself as to the intentions of the Recreation Department to continue to offer programs through the high school specific programs that the pool is designed to serve that the pool in the community center is not designed to serve. Also he wanted to know the School District's intentions for the continued use of the pool. Hr. Weist stated he was bothered by the possibility that there may be less swimming activity made available when all along it was his understanding with the construction of the community center there would be two pools that would offer more and varied changes for swimming recreation. Mr. Weist stated he did not feel comfortable about the City's options to continue to use the high school pool. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member s Higday, Nea l , itzpatrick, Silo, Weist, Oth. None. Council Memb r Bradshaw. The Mayor declared the otlon carried. * • * • * • • I • • - November 21, 1983 Page 12 ORDINANCE NO. SERIES OF 1983 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A SEWER EASEMENT AGREEMENT WITH THE SOUTH METRO FIRE TRAINING ACADEMY MEMBERS, THE CITY OF LITTLETON, OSPREY, INC., CENTENNIAL DOWNS METROPOLITAN DISTRICT, AND THE RIVER VENTURE, A JOINT VENTURE. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 64, SERIES OF 1983, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Fire Chief Broman came forward and explained there was no danger for pocketing of gas concerning this matter. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Memb ers Higday, Neal, Fitzpatrick, Bilo, Weist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. In response to Council Membe r Higday's question, Fire Chief Broman stated the wat er used by the joint-use training facility was paid out of the academy's budget and was under a meter system • ORDIN,t.NC NO. SERIES OF 1983 • • • • BY AUTHORITY A BILL FOR • • • COU CIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINA NC AMENDING THE MUNICIPAL CODE OF THE CITY OP ENGLEWOOD, COLORADO , BY ADDING SECTIO N 22.4D, TITLED •L,t.NDSCAP ORDIN,t.NC ,• TO THE CO MPREHEN SIVE ZONING ORDIN,t.NCE FOR THE CITY OP E GLEWOOD, COLO- RADO, AMENDING ORDINANCE NO. 26, S RI S OF 1963 , AS AMENDED • • I • • November 21, 1983 Page 13 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1983, ON FIRST READING, AND SET A PUBLIC HEARING FOR DECEM- BER 20, 1983. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER WEIST MOVED TO AMEND THE MOTION AND DELETE UNDER •s. APPLICABILITY OF ORDINANCE STANDARDS (A) RESIDENTIAL DIS- TRICTS:• THE FOLLOWING: •R-1-A, R-1-B, AND R-1-c.• Council Member Neal seconded the motion. Council Member Neal supported the amendment. Mr. Neal stat- ed including R-1-A, R-1-B, and R-1-C would unnecessarily add front end cost of a house to a buyer. Council Member Fitzpatrick spoke against the amendment on the basis it was a way to control absentee homeowners. Council Mem- ber Bill supported Mr. Fitzpatrick's statements. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal, Weist, Otis. Nays: Council Members Higday, Fitzpatrick, Bilo. Absent: Council Member Bradshaw. The Mayor declared the amendment defeated. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Bilo, Otis. Council Members Neal, W 1st. Council M mb r Bradshaw. The Mayor declared the otion carried. RESOLUTION NO. 54 SERI S OF 1983 * * * • • • • A RESOLUTION AUTHORIZI G TH EXECUTION 0 AN AM N ENT TO A LOAN ACRE M NT E TER D INTO CONNECTIO WITH $320,000 CITY 0 ENGLEWOOD, COLORADO INDUSTRIAL DEVELOPMENT R V NU OTI (TH HEMLOC~ CO MPAN Y • I • November 21, 1983 Page 14 • • - \_ PROJECT) AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Heist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. RESOLUTION NO. 55 SERIES OF 1983 * * * * * * * A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, MU- NICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1984. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 55, SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member s Higday, Neal, Fitzpatrick, Bilo, W ist, Otis . None. Council Member Bradshaw. The Mayor declared the motion carried. SOLUTIO NO. 56 SERII!:S 0 1983 * * * * * (SWEDISH MEDICAL CENTER) * * RATIFYING CERTAIN ACTION HERETOFORE TAKEN, AUTHORIZING X CUTIO N AND DELIVERY BY TH CITY 0 A FIRST SUPPLEM NTAL INDEN- AND R PEALING ACTION H RETOFORE TAKEN IN CONFLICT • I • • • • November 21, 1983 Page 15 • • • \_ COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO, 56, SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, ~leis t, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt informed Council he would out of the office on vacation November 23 through November 30, 1983. * * * * * * * Council Member Neal asked that the Forester, Fire Marshall, and Code Enforcement Officer be present at the public hearing on December 20, 1983. RESOLUTION NO. 57 SERIES OF 1983 * * * * * * * A RESOLUTION AMENDING THE PROPOSED 1984 BUDGET. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO, 57, SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Otis . None. Council M •ber Bradahaw. The Mayor declared the motion carried. * * * * * * * BY AUTHORITY e ORDINANCE NO. COUNCIL ILL NO. 6 - November 21, 1983 Page 16 SERIES OF 1983 A BILL FOR • • • INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1984 AND DECLARING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 66, SERIES OF 1983, ON FIRST READING AND TO INSERT •s7• AND •21sT• RE- SPECTIVELY IN THE BLANKS IN THE THIRD •wHEREAS•. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick,Bilo , Weist, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO •. --- S ERIES OF 1 98 3 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 6 7 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINAN CE APPR OPRIATING MON I ES FOR ALL MUN ICI PAL PURP OS ES IN THE CITY OF ENGLEWO OD, CO LORAD O, I N THE FISCAL YEAR BEG I NNING J ANUARY 1 , 19 8 4 AN D EN DI NG DECEMBER 31 , 19 84, CO NST I TUTIN G WHAT IS TERM ED THE ANN UAL AP PROPRIATION BILL FOR THE FISCAL YEA R 198 4, AN D DECLAR I NG AN EMERGENCY. COUNCIL MEMBER SILO MOVED TO PASS COU NCIL BILL NO. 67 , SERIES OF 1983, ON FIRST REAOI G . Council M mber Neal seconded th motion . Upon a c 11 of the roll, the vote resulted as follo v s: Ayes: Naya1 Absent: Council M ebers Higd y , Neal, Fitzpatrick , Bilo, Weia , Otia. None . Council M mb r radaha w . • • • November 21, 1983 Page 17 • • • \... The Mayor declared the motion carried. * * * * * * * City Manager McCo wn presented a Council Communication and resolution concerning the six quarter budget for the period October, 1983 to March, 1985. RESOLUTION NO. 58 SERIES OF 1983 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 58, SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nay s : Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist , Otis • None. Council Member Bradshaw. Th e Mayor d ecl ared the mot io n c arr i ed. * * * * * * * City Manage r McCown noted t h e ne x t a genda item, a Council Communication concerning the a wa r d of contract for construction of he Englewood Community Ce n te r, was approved a the beginning of this meeting . City Manager McCo wn noted th ground breaking ceremony for he co unity center facility was Saturday, Dec mber 3, 1983, at 10:30 •••• * * * * * * * COUNCIL EM R HIGDAY MOV 0 TO CALL A SPECIAL MEETING FOR TU SOAY, DECEMBER 20, 1983, AT 7:30 P.M. IN PLACE OP THE MEETING 0 MONDAY, DECEMBER 19, 1983. Council M 11ber fitzpatrick s conded the mo ion. Upon • call o the roll, th vo reaul d as follo ws: Ay a: Council M bera Hig ay, N al, itzpa rick, l:lilo, w ia , o h. aya: on • • I • • • November 21, 1983 Page 18 Absent: • • • Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * * Council Member Weist referenced the joint recreation agree- ment previously discussed concerning use of the pool; and asked the City Manager if the agreement was a direct benefit to the School District since the District felt it was picking up more of the main- tenance and cost of the pool than the City. City Manager McCown stated that was correct. * * * * * * * No other business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis ad- journed the meeting without a vote at 9:05 p.m. ty city eik ;~~fJu&,; • I • • PRESENT: ABSENT: OTHERS PRESENT: • • .. BOARD OF CAREER SERVICE COMMISSIONERS SEPTEMBER 14, 1983 MINUTES JoEllen Turner, Catherine Pokraka, Janet Kerzic, Betty Keena Donald Weber Peter Vargas, Assistant City Manager Mel BeVirt, Employee Relations Director Peter Juenemann, EEA/AFSCME President * * * * * * * * Commissioner Turner called the meeting to order. Commissioner Keena moved, seconded by Commissioner Pokraka to approve the minutes of the July 21, 1983 regular meeting. AYES: NAYS: Turner, Pokraka, Kerzic, Keena None Item three on the agenda was the associations' choice. Peter Juenemann, EEA/AFS CME President was present and had no business for the Board's consideration. There were no representatives present for the E.P.B.A. or E.F.F.A. associations. Item four on the agenda was the City Manager's choice. Peter Vargas, Assistant City Manager reported that the 1984 proposed budget ~ncludes a budge t of $17,020 for the Career Service Board, which is a sl~ght increase over the 1983 budget of $16,900. Further, there will be a public hearing regarding the proposed budget on Mo nday , September 19, 1983, and City Council will hold a budget retreat September 22-25, 1983. Peter Vargas offered to provide copies of the budget to the comm~ssioners upon their request. pres nt d by Peter Vargas nts to the Administrative t the Board had been in rom the City M n ger explaining the pr sent~ng th adm~nistrative procedures admend- ak d th Bo rd if th y wished to h v xplaining th propos d aring. Commission r ntat~v from th City M n g r'a ny qu stions which m y ris • • I • • • .. Item five on the agenda was the Commissioners' Choice. The Commissioners set a Public Hearing on October 6, 1983 at 7:00 p.m. in Conference Room A to consider the proposed amendments to the Administrative Procedures. Commissioner Turner directed that public notice be placed in the Englewood Sentinel and notices posted for all employees to read as well as special notice given to all association representatives. Commissioner Turner stated that the Board's Attorney would be available to discuss the District Court's ruling on the Police Sergeants appeal case. Commissioner Kerzic moved, seconded by Commissioner Pokraka to set a special meeting on Wednesday, September 21, 1983 at 7:00 p.m. to discuss the Sergeants case with the Board's attorney. AYES: NAYS: Turner, Pokraka, Kerzic, Keena None The Board tabled their discussion on their Rules and Procedures until after their discussion of the Sergeants case on September 21, 1983. Commissioner Turner presented a review of July's budget expenditures to the Commissioners. Commissioner Keena moved, seconded by Commissioner Pokraka to approve the July budget expeditures of the Career Service Board in the amount of $1,967.45. AYES: NAYS: Turner, Pokraka, Kerzic, Keena None There being no other business before the Board, Commissioner Turner adjourned the September 14, 1983 regular meeting. * * * * * * * * • I . PRESENT: . ABSENT: OTHERS PRESENT: • l • - BOARD OF CAREER SERVICE COMMISSIONERS SEPTEMBER 21, 1983 SPECIAL MEETING JoEllen Turner, Catherine Pokraka, Janet Kerzic, Betty Keena, Donald Weber None Benjamin Craig, Career Service Board Attorney Peter Vargas, Assistant City Manager Mel BeVirt, Employee Relat ions Director Al Stanley, Police Division Chief Tom Vandermee, Police Lieutenant Dave Miller, Po lice Sergeant Larry Leydon, Police Sergeant and E.P.B.A. President Rick Welbourne, Police Officer Cha~rman Weber stated that first item for consideration was the Board's discussion of the ruling in the Sergeants Unit Determination appeal case. The meeting was opened for public comment. R1ck Wclbournc stated that during the original hearing he was opposed to the Sergeants being removed from the bargaining unit. He stated that he did not feel the Board should appeal the ruling to remove the Sergeants from the bargaining unit because there have been enough changes in the Police Department, i.e. Sergeants manual, which clar~fies the Sergeants' authority. Peter Vargas, Ass~stant City Manag r spoke on behalf of the administration stat~ng that Sergeants are supervisors wh~ch h s b en re~nforced through the developm nt of the Sergeants manual, and also stated that the City do s not feel tha n ppeal is necessary, as the or~g~nal concerns of th Bo rd have been addres ed by the manual. L rry L ydon, E.B.P.A. President st t d that he lso f lt th Bourd hould not pp al th ruling a th cone rna in qu at1on h d b n t k n c of. M 1 B V1rt lao at t d th t h did not f 1 pp 1 w 11 h d b en ddreaa d. I . • • .. that the problems with authority in the Sergeants case have been resolved, as this was one of her major concerns. She also stated that she had some concerns with some of the Judge's statements in the ruling that the Board's decision had not been made in a public hearing and explained the Board's past practice. Chairman Weber asked if the Board wished to discuss their concerns with their attorney publicly or in an exectutive session prior to presenting thier determination of whether or not to appeal the ruling. After a brief discussion, the Board determined to discuss their concerns with their attorney in public session. The Commissioners discussed the ruling of the District Court and Benjamin Craig, the Board's attorney clarified areas of concern by the Commissioners. Commissioner~ic moved, seconded by Commissioner Keena, not to appeal the Sergeants case ruling. AYES: Turner, Pokraka,Kerzic, Keena, Weber NAYS: None * * * * * * * * The second item for consideration by the Board was a discussion of the Rules and Procedures. Commissioner Turner moved, seconded by Commissioner Keena to table this discussion until the regular meeting of November 17, 1983. AYES: Turner, Pokraka, Kerzic, Keena, Weber NAYS: None Th re b ing no further business before the Board, Chairman Weber adJourned the September 21, 1983 special meeting. • I . PRESENT: ABSENT: OTHERS PRESENT: • • - BOARD OF CAREER SERVICE COMMISSIONERS OCTOBER 6, 1983 PUBLIC HEARING JoEllen Turner, Catherine Pokraka, Janet Kerzic, Betty Keena, Donald Weber None Peter Vargas, Assistant City Manager Larry Leyden, E.P.B.A. President * * * * * * * * Chairman Weber called the public hearing to order. Chairman Weber stated that the purpose of the public hearing was to consider amendments to sect i ons 5-26-3: Outside Employment and 5-15-38: Reemployment, of the Administrative Procedures. Chairman Weber stated that due notice was given, published in the Englewood Sentinel September 21, 1983. Larry Leyden, E.P.B.A. President commented that the Reemployment issue as written in the ordinance is different than as written in the Police Contract for 1984, specifically sect~on 5-15-35. Peter Vargas, Assistant City Manager stated that according to the Administrative Procedures, when a bargained contr ct addresses a sub j ect matter covered by these regulations, th Adm i nistrat i v Procedures do not apply, and the contract takes pr c d nee. Mr. Varga explained that the intent of the amendm nt was to g~ve adm i nistration some discretion when unique incid nts occur nd the proc dures do not specifically address such s i tuat i ons. He stat d however th t this prov i sion would not pr va il over t h ba rg ai n i ng agreem nt. Upon a d~ cuaa on of the propo d m ndme n to s c ion 5-15-3 1 : R mploy nt, Comm~s~ion r Pokr k mo v d, a cond d by Commission r K n , to r v~ p r graph 4 of S ction 5-15-38 to r ad: ANY EMPLOY E WHO IS REH I RE D liiLL REGA I N HIS OR HER SEN IO RITY ~rniCH EXISTED AT TH E TIME OF HIS OR HER JOB TE RM I NAT I ON AF TE R COMPL ET ION OF ONE YEAR CONTI NUOUS EMPL OYMENT WI TH THE CITY . AY tSt Turner, Pokraka, Xersic, Xe n , W ber AY S: None • I • -• • .. • Commissioner Turner suggested that a statement or definition of the term Outside Employment be added to Section 5-26-3: Outside Employment to clarify its meaning. Upon a discussion of the proposed amendments to Section 5-26-3: Outside Employment, Commissioner Keena moved, seconded by Commissioner Pokraka to add an introductory sentence to read: OUTSIDE EMPLOYMENT AND SELF-EMPLOYMENT ARE USED INTERCHANGEABLY. AYES: Turner, Pokraka, Kerzic, Keena, Weber NAYS: None Chairman Weber directed that the Board's recommended changes be drafted and forwarded to the City Council for their consideration. There being no further business befo e the Board, Chairman Weber adjourned the October 6, 1983 public hearing. Cf:~~w.td~cJ &k DOna Weber, Chairman Secretary • I • • • • • • MEMORANDUM TO: Peter Vargas, Assistant City Manager # / FROM: Sharon Winkle, Director of Libraries ~ ' DATE: November 17, 1983 SUBJECT: Agreement with Swedish Medical Center Library ------------------------------------------------------------------------------- Attached please find a copy of a Council Communication regarding the Library's agreement with the Swedish Medical Center Library. When you and I discussed this arrangement some time ago you indicated that you wanted to inform Council of the agreement. Therefore I have forwarded the attached to you for that purpose. 11·17· 3 d f ( I. I •••• I ~ R .... l •. ... t :' J ..... ~) u f1C. e ll~ t.~l\11·'"" lt\'JOOD • I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM INITIATED BY Library Qopart.mont. ACTION PROPOSED Rocciyc u informatjon BACKGROUND SUBJECT Agreement with Swedish Medical Center Library For approximately the past two years the Library Department and Swedish Medical Center Library have cooperated in providing consumer henlth infor•ntion to EnRlewood-area residents on un .informal busis. This consisted of Llb1·ury Department stul"f rofcn·ln~: persons with requests for specialized health information to the Swedish Library and the staff of that library referring clients and employees needing infomat lon of u gcne1 a 1 (lay) nature to Englewood Public. Effective October 11, 1983 the two libraries initiated a 110re for•ul aareetllent whorc l n the Library Depart•ent has agreed to expand its purchases of consu.er health information in order to .are effectively fill the role of a consu.er health infor .. tion cente~. Infor .. tion requests which cannot be answered by our resources will still be referred to Swedish . A.t the same ti•e the Swedish Medical Center will expand its capability to serv con - s u.er health inforut1on needs throuah ucquhitlon of upproprlut l'OIIOUl'Cils. Swoulsh will also fund a joint publ cation proaru designed to infor• th publi c of our health 1nfo~tion resources. Th agr e nt s 11t tuc hed fo r your l n f orut1on. rd discussed unu .1ppro b r ll, l!l 3. lh l.ibrary n p.u·t• nt '• p.ll'tic p;1t on I • • - COUNCIL DATE • 1._ • • C 0 M M U N I C A T I 0 N AGENDA I TEM i4B SUB J ECT Library Advisory Board Policy Revisions INITIATED BY Library Advisory Board ACTION PROPOSED Council receive as i nformation INTRODUCTION At its meeting of November 8, 1983, the Library Advisory Board approved revision to four Library Department policies : Intellectual Freedom and Access to Information Reference Service Policies Issuance of Library Cards/Library Privileges Interlibrary Loan Council has asked that policy revision be forwarded to it for its information. NATURE OF THE REVISIONS Changes to the Intellectual Freedom and Access to Information policy were made to bring it into compliance with a new state statute: CRS 24-90-119 concerning the Privacy of Library User Records. Revisions to Reference Service and Card Issuance policies reflect existing practices. Revisions to the Interlibrary Loan policy allow direct charges to users of the service. The superseded nd revised policies reattac hed for Council's information. There- vised documents follow the superseded documents. ew language is underlined in the revised stat ent s. I • • - • ·~ • • • • INTERLIBRARY LOAN Interlibrary loan: A transaction in which library material, or a copy of the material, ls made available by one library to another upon reque st. 1. Interlibrary loan service will be proviueu to Englewoou n:siucu b auJ City gover1111ent staff without direct charge. The Library does not normally provide interlibrary loan service for material that it owns . 2. Interlibrary loan requests may be processed for non-residents if they are willing to accept responsibility for all charges incurrcJ . 3. Interlibrary loan 1·equcsts may he an:cp t cd uvcr the tclcphuuc . lhll~c vl:r ·, at Staff discretion, patrons aay be requ~red to submit a valid Englewood library card or proof of Enilewood residency before Staff initiates loan procedure. 4 . The Library will follow applicable Interlibrary Loan Coues ns closely as possible . • I • • -• • • I NTE RLIBRARY LOAN \_) Interlibrary loan: A transaction in which library material, or a copy of the mater i al, is made available by one library to another upon request . '· 1. 2. Interlibrary loan requests may be processed for non-residents if they are willing to accept responsibility for all charges incut·rod. 3. Interlibrary loan rtqUeltl will not be accepted over tho phone. Patrons are reguirod to JUblit a yalid Enalewood Public Library card or proof of Englewood residencf before staff initiates ILL procedure . Work-related requests for ILL serv ce by City et~ployees IIIUY be accepted ove1· tho phone . 4 . The Library will follow applicable Interlibrnry Loan Codes a s closel y us po ssi ble . UI · • I • • • l • • REFERENCE SERVICE POLICIES Definition of Reference Service: Skilled guidance in choosing or selecting the most suitable resource for a specific piece of inforaation for a specific'purpose whether it be for in- formation, education or recreation. Bibliographic services as well ns library skills instruction fall under the reference function. General Policies: 1. In-house patrons will be given priority over telephone patrons. 2. Library Staff will provide .axtmu. reference service to in-house patrons of all ages dependina upon staff availability, collection li•itntions and putron ability. Staff will suggest !lourcos but will not perform tho actuul research. 3. Telephone reference service will be li111iteU to short reac.ly-referenco inquiries. 4 . The Library will provide aedical and leaal inforaation resources but Staff will not provide leaal interpretations or •edical advice. S. Library Staff should be aware of other inforaation resources in the area. If the necessary inforaation is not available in the Librpry, Library Staff will refer patrons to possible sources. In aost cuses, Staff will not contact suaaested source1 of inforaation for the patrons. 6. User fees aay be charaed for soae re~erence services if it is the only possible aeans of providin, a desired service . xu • • t • • REFERENCE SERVICE POLICIES Definition of Reference Service : Skilled guidance in choosing or selecting the most suitable resource for a specific piece of inforaation for a specific purpose whether it be for in- formation, education or recreation. Bibliographic services as well as library skills instruction fall under the reference function. General Policies: 1. In-house patrons will be aiven priority over telephone patrons. 2. Library Staff will provide aaxi.um reference service to in-house patrons of all ages depending upon staff availability, collection limitations and patron ability. Staff will suggest sources hut will not pct•l'ol'tn the actual research. 3 . Telephone reference service will he ll•uitotl to short rcaJy-l'cfcrcncc inquiries. 4 . The Library will provide aedical .and legal inforaation resources but Staff will not provide legal interpretations or medical advico. 5. Library Staff should be aware of other inforaation resources in tho area. If the necessary inforaation is not available in the Library, Library Staff will refer patrons to possible sources. In aost cases, Staff will not contact suggested sources of infol'lllation .for the patrons . 6. User fees aay be charaed for soae reference services if it is tho only possible aeans of providina a desired service. 7. aa be 11 • I . - • •• • • • • ISSUANCE OF LIBRARY CARDS/LIBRARY PRIVILEGES 1. Cards will be issued to City of f:nlllcwooll •·csillcnts. Tho Uln·aa ·y uauy sell cards to non-residents. Aullrcss vudf.i cat i.on will hu required for all resident• applying for library privilegea. Cards will be mailed to those patrons lacking address verification at time of registration. 2. The Library uy honor library cards ft·om Centrul Colorauo Llbt•at·y System public libraries. 3. Business Card: A library card will be issued to an Englewood business upon receipt of a letter from a responsible a .. ber of the firm request- ing library privileaes and accepting responsibility for any fines or losses incurred by .. ployees u!iing the cnrd. Thoro will ho a ll.mit ol' one cunl per bulllnes!l . 4. School Card: A library card will be iuued to an Englewood school upon receipt of a letter froa tho school'li principal (or othe•· upp•·opl'iato official) requestina library privileges and accepting responaibility for any fines or losses incurred by achool eaployees using the card . There will be a liait of one card per ichool. 5. Visitor's card: A teaporary library card .ay be issued to Englewood visitors requostina library privileges. Addre111 vel'ification showina t .. porary place of residence will be required. Teaporary cards ~ill be valid for three aonths and aay be renewed if necessary . Xlll-11 • I • • - f l • • • ISSUANCE OF LIBRARY CARDS/LIBRARY PRIVILEGES 1. Cards will be issued to City of Engl ewoou resident s. The l.iln·u ry may sell cards to non-residents . Audress ve1·l ficati on will be required for all residents applying for library privileges. Cards will be mailed to those patrons lacking address verification at time of registration. 2. The Library may honor library cards from Central Colorado Library System public libraries. 3. Business Card: A library card will be issued to an Englewood business upon receipt of a l e tter fro• a responsible mo.ber of tho firm request- ing library privileges and accepting responsibility for any fines or losses incurred by 0111ployoes using the card. The1·e will he a 1 ilni t o f one card per business . 4. School Card: A library card will be issued to an Englewood school upon receipt of a letter fr011 the school's principal (o1· other appl'opr lute official) requestina library privileaes and acceptina responsibility for any fines or losses incurred by school oaployees using tho card. There will be a li•it of one card per ichool . 5. Visitor's Card: A ta.porary library card .. y be issued to Enalewood visitors requostina library privileaos . Address verification showing te.porary place of residence will be requ i red. Ta.porary cards will be valid for three .anths and aay be renewed if nece ssary. 6. R!KQC&tion gf Gird'' Library staff WAY roygko carda aD4/or the use of cards isayld to ptrtona wbo subttQUfQtlY do not •eot obliaations re- lated to use of their cardt. e.g. rotyrn gf charged gut aat•riala, payaent of fines, etc. Xlll - I • • • • .. - INTELLECTUAL FREEDOM AN D ACCESS TO INFORMATION The Library has a responsibility to maintain in its collection, or provide access to, a representative selection of resources provi•ling information of interest to co.-unity aa.bers, includin& inforaation on all sides of con- troversial questions. In support of this r e sponsibility, the fo~lowina .docuaents are attached to and thereby incorporated in the se auidelines: LIDRARY DILL OF RIGHTS INTELLECTUAL FREEDOM STATEMENT FREE ACCESS TO LIBRARIES POR MINORS. Furthermore, the Enalewood Public Library recoanizes that individual cir- culation and reaistration records are confidential in nature and accordinaly, they and inforaation they contain are not available to the aeneral public. [ Individual circulation and reaistration records will not be made available to any aaency of state, federal or local aoverMent for other than the * cooperative provision of library service except pursuant to such process, order or subpoena as aay be authoriled under the authority of, and pursuant to, federal, state or local law relatina to civil, criainal or adainis•rative discovery procedures or leaislative investiaative power. • Delete and replace with attached. II • I • • • • • INTELLECTUAL FREEDOM AND ACCESS TO INFORMATION The Library has a responsibility to 111aintain in its collection, or lH'Ov i J o access to, a representative selection of resources providing information of interest to ca.aunity •aabers, including information on all sides of con- troversial questions. In support of this responsibility, the fotlowing doclllllents are attached to and thereby incorporated in those guidelines: LIBRARV BILL OF RIGHTS IHI'ELLEC'ruAL PRBBOOM STATEMENT FREE ACCESS TO LIBRARIES FOR MINORS Furthen.ore, the Englewood Public Library recognizes that i ll41iviJual cir - culation and registration records are confidentiKl in natu1·o und accol·dinjl1y, they and infor.ation they contain are not available to the general public. Records regard ina individual yse of library services w i 11 be uaaJe av a il a hl o only as provided for in CRS 24-90-119 "Confidentiality of Library Records ". Vll • I • • C 0 U N C I L DATE December 1 , 1983 • \ ..... • - C 0 M M U N I C A T I 0 N AGENDA ITEM CtJC SUBJECT City Ditch -Design and Construction Participation INITIATED BY ------~wa~t~e~r~a~n~d~S~e~w&er~B~oa~r~d~---------------------------- ACTION PROPOSED ____ ~Cl~·t"y_C~o~u~n~cl~·l~Drue~o~aure-aa~n~o~r~dl~·nwa~nc~e~fo~r-Aswha~r~i~na~t~be~c~os~t~--- for engineering fees for relocating City Ditch at Little's Creek. BACKGROUND The design and construction participation would be a three-way agreement between Englewood, Littleton and the Urban Drainage and Flood Control District on the piping of the City Ditch across Little's Creek. This agreement will cover piping the City Ditch from the north side to the south side of the Little's Creek area. This includes approximately 240 feet of box culvert, about 380 feet of 54 " concrete pipe and two transition structures. Preliminary desing information for the conduit sizes and profile have been furnished by McLaughlin Water Engineers. This project is separate from, but coordinated with, the pip i ng of the City Ditch as part of the Littleton Railroad Depression Project and would hel p allev i ate a flood i ng problem at Stearne Park . FINAN CI AL DET AILS Centennial Engineering will do the design work for approximately $5,700. Urban Drainag and Flood Control District is to fund 50S of th d sign cost and the City of Engle wood and th City of Littleton would split the r ining 50S. Englewood's share will be approximately $1,900. The City of Littleton will bill both the Dis t rict and t he City of Englewood for the design par t icipation share when they receive the stat nt from Centennial Engi neering. RECO .... ENDATI ON That Ci t y Co unci l approv an ordinance to sh re 1/3 of t cost of th engin ering f s fort h Little's Cr k r location of City Ditch wfth Littleton nd th Urb n Drain g and Flood Control District . • • • 'C3 CENTENNIAL [: .~.'H. ENGINEERING ~ ·INC 130 31 <120 -0 221 • • - • RELEIV.:..O PUBLIC SERVICES APR 2G 198J OFF ICE LOCATION . 15000 WEST 64TH A VENUE ARVADA . COLO RADO MA I LING ADDRESS P 0 . DRAWER 1307 ARVADA . COLORADO 80001 April 25, 1983 RECEIVED Mr. Charlie Blosten JUN 0 19 6) Director of Public Services City of Littleton 2255 West Berry Avenue CENTENNIAL ENG., INC. Littleton, Colorado 80165 Dear Ch ar lie: Re: Engineering Services for Enclosure of the City Ditch Across Little's Creek CEI #3 10 .00 We are pleased to submit this proposal to provide engineering services for the preparation of final des ign and construction drawings for the portion of the City Ditch piping project across the Littles' Creek area. The construction drawings for this work will be included in Construction Package No.3 of the Littleton Railroad Depression project. We are presently compl eting the final des ign of this package under contract 1~ith the Colorado Department of Highways. The work items for pi ping the City Ditch at Little's Cr ee k wi ll be listed as non -participating Items In the CDH plans. I. SCOPE OF WORK A. Limits of Wo rk -Final des1gn plans and details will be prepar ed for pip1ng the City Ditch from the north side to the south sfde of the Little's Creek area. This Includes approximately 240 feet of box culvert, about 380 feet of 54 Inch concrete pipe and two transition structures. Preliminary design Information for the conduit sizes and prof ile hav ben furnished to CEI by Mclaughlin Water Engineers. B. Coordfn t1on -F1nal des1gn o the Little's Cree crossing will be coordinated with Mclaughlin Wat r Encnn ers and the City of Engle ood. c. • st mate of probabl final plan for this wor I • • • .. - • Mr. Charlie Blosten April 25, 1983 Page 2 II. FEE The work described herein will be accomplished on a Lump Sum basts. The fee for this work is $5,700.00, which includes all labor, overhead, direct expenses and profit. Ill. METHOD OF PAYMENT Progress billings shall be made at four-week intervals for work accompljshed in the preceding four-week period. Such billings shall be due at face value t1~enty days after bi 11 ing date. All unpaid amounts shall bear interest at the rate of l l/2 percent per month for total days outstanding in excess of the first thirty days after billing date . IV. AGREEMENT OR ACCEPTANCE One copy of this proposal, signed by you and returned to us will indicate your acceptance of the terms and conditions contained here i n and will serve as our notice to proceed with the work described. If you make revisions or exceptions to any item herein, please state th em i n writing as an addendum hereto. Such rev i s i ons or excep tion s must be approved and acknowledged by s i gnature before such changes are i ncorporated herein. We appreciate th i s opportunity to be of service and loo for ward t o wor '" c losely wi th you i n complet i ng th is pro ject. RLR :pj g cc : Mr . St ward Fonda Ac c eptanc Form Th above terms and condit i ons are Ace pt d For{J, !, c /{,t/1../ .. I ·'. / ' By : I/;. t. · (?.-."t • Ve r y truly your s , CENTE~NIA L E Gl h EE R ~NG,=' C. ·(:b tl d~~~ Ran dle L. R ~{. P.E. Pro jec t Hant'ger T1tle : /' ./,. , .... ,. '· Ot te: ,/ '· {'-' I • I • • No vember 17, 1983 Honorable Eugen Otis, Mayor Honorable Members Englewood City Council • \..._ • • It is with regret that I submit my letter of res i gnation to you for my par- ticipation in the Englewood Court Advisory Commission. It has been my pleasure to serve you and the citizens of Englewood as a vol- unteer serving our community, however, personal pressures, and the aborted goal of this committee make it clear that my service is both impossible and ineffective . The most important thing to me is my son, and custody battles are expensive, draining, and time consuming. This pressure, in connection with the feeling of "spinning our wheels " on this committee is just too much . For close to two years now I have assumed that we had a problem that could be addressed and corrected. Laying aside my personal problem, I have been disap- pointed by council's participation i n the mutually perceived problem with court and communications. We have requested meetings, suggested alternatives, and been promised meetings an d coop era tion on: 1. First year resolutions 2. Meet ings on court problem s 3. Dinn er mee ing Only to be met with silence. In a mutually agr ee d upon compromise bot h sides have to be able to mee , if no The only one we have been ab le to meet with is he cou rt . The theory of and Co nsen " seems to be lost here, and futility can only so long be endure d. he memb ers of the commi tee summed it up bes a t our last meeting by saying : agree. "Advise One of "We s eem to be used and abused--used by the court and abused by council." Perhaps others could serve in a be ter capacity on this "volunteer " c0tm1i ee, a this point I cannot. If I can help the community in any way, please be assured o my interes . Th ank you for your rus , your inten and th oppor unity to par icfpa e in our local governmen . Much, much hanks, as 11 o h nderful, caring mem rs of the Co ittee, with whom I have had this pleasure o serve. I would only urge ha all participa e a bi ore in our local gover en . service, I rem in, Dale A. Duran cc: Cour Advisory Co 1ss1on Louis Par in on Municipal Judg • ORDINANCE NO. tO I S ERIES OF 198_3 ___ _ • • • BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNC I L MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTIONS 5-26-3(1), (4) AND (5) AND 5-26-5(8 ) AND SECTION 5-15-38, PARAGRAPHS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOYMENT AND REEMPLOYMENT PROVISIONS OF THE ADMINISTRATIVE PROCEDURES. WHEREAS, the City Council has previously enacted a Career Service System Ordinance for the City of Englewood pursuant to Article XV of the Englewood City Charter; and WHEREAS, Ci ty Counc i l i s a u thorized and directed to enact appropriate ordinances for the implementation of the Englewood Ca r e er Service System; NOW, THEREFOR E , BE IT ORDAINED BY TH E CI TY CO UNC I L OF THE CIT Y OF ENGLEWOOD, COLORADO: Section 1. That Secti o n 5-2 6-3 (1 ), (4 ) and (5) of the '69 E .M.C . is amended to r ead as follo ws : 5-2 6-3 : OUTSIDE EMPLOYMEN T (1) City employment shall b e conside r e d t he p rimary employment ; and no employee may engage in outside employmen t , I NCLUDI NG SELF EMPLO YM ENT , which in any manner interferes with p r oper nd ffective job p e r fo r manc , results in a conflict of int rest or which may subject City government to public critic1sm or embarrassment . (4) Pr1or to engaging in outside employm nt , th employe must provid th d partment he d w1th sufficient 1nformation bout th outside mployment , lncluding, but not limited to, the nature of mployment responsibilitie , hours o mploym nt, nd loc tion of work. Addit1onal inform tion m y b requir d by the ind1v1du l d partment h d. If th ap cific condi ions o h outside mploym nt ch ng , he ploye mua lao notify th d p rtmen h ad. a lur o no tfy the d partmen h d o outa1d mploym n may b rounds for d1acipl1nary ac ton. r . • ngaging 1n any tnvolv a th us or n , , o xcep a I • • • • Section 2. That Subsection (8) is added to 5-26-5 of the '69 E.M.C. to read as follows: (8) Interpretations of conflict of interest may be appealed to the City Manager. Section 3. That Section 5-15-38, paragraph 3, of the '69 E.M.C. is amended to read as follows: 5-15-38: REEMPLOYMENT If a former employee is reemployed, (s)he may be required to serve a probationary period in the discretion of the department head subject to the approval of the City Manager. See~ieR-4. ~he~ pa~a~~apR 4 ie aeeee ~e See~ieR 5-t5-38 e£ ~Re ~e9 STMTbT ~e ~eae as fettewe+ ARy e~pteyee wRe ie ~eRi~ee ~ay &e ~eRi~ee wi~R Ria e~ Re~ seRie~i~y ~*'R~B aRe &eRefi~e wRieR eM4s~ee a~ ~Re ~ime ef Ria e~ he~ ;ea ~e~~ifta~ieft iR ~Re eise~e~ieR e£ ~Re eepa~~~eft~ Reae e~&;ee~ ~e ~he app~eYat e£ ~Re bi~y HaRa!e~T Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the 7th day of September, 1983. Amended, read i n full, and passed as amended on the 21st day of November, 1983. Published i n full as amended on the 23rd day of Nov mb e r, 1 9 83 . Read by t i t le a nd passe d on f i n al reading o n t h 5 th day of 0 c mbe r, 19 8 3 . Published by titl s Ord1n nc No . _______ , Ser1 • of 1983 , on the 7th day of 0 c mber , 1983 . Eug n e L. Ot1s , Mayor Att at: 2 • I • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and forego i ng 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. Hlgbee I • • • • - ORDI NANCE NO. ~ I BY AUTHORITY SERI ES OF 198_3 ___ _ A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER FITZPATRI C K AN ORDINANCE AMENDING SECTIONS 5-26-3(1), (4) AND (5) AND 5-2 6 -5(8 ) AND SECTION 5-15-38 , PARAGRAPHS 3 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE '69 CONCERNING OUTSIDE EMPLOY MENT AND REEMPLOYMENT PROVISIONS OF THE ADMINISTRATIVE PROCEDURES. WHEREAS, the City Council has previously enacted a Career Service System Ordinance for the City of Englewood pursuan t t o Article XV of the Englewood City Charter; and WHEREAS , City Coun c il i s authorized and directed to enact appropr ia t e ordinances for th e implementation of the Engl e wood Career Service System; NOW, THEREFORE, BE IT ORDA I NED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD, COLORADO: S ec t i o n 1. That Sect i on 5-2 6-3 (1), (4 ) an d (5) of th e '69 E .M.C . is a me n ded to rea d a s follo ws : 5-26 -3 : OUT SIDE EMPLOYMENT (1) Ci t y e mp l oym e n t s h all b e c on si d e r e d th e prima r y emplo ym e n t ; a nd no e mplo y ee may engage in outside employment , I NCLUDI NG SE LF EMP LO YM ENT , which in any ma nn e r i nt erfe r es with p roper a n d ef f ective job perfo r ma nc e , results in a conflict of i n terest or which may subject City government to public criticism or mbarrassment . (4 ) P rior to ngaging in outsid employment, th mploye must provide th d partm nt head with suffic1ent informat1on about th outs1de employment , 1ncluding, but no limit d to, the natur of mployment responsib1lities, hours of mployment , and loc tion of work. Additional 1nform t1on y b r quir d by h ind1v1du 1 dep rtment h ad. If h sp c1fic cond1tions of th outa1de mploym n chang , h mploy must also not1 y th d p rtm n h ad. F 1lur no ify the d p rtm nt h ad of ou side mploymen may be grounds for d1Sc1pl1n ry ac 1on. (5) An mploy 18 prohib1t d from engaging in any mploym n ac ivity, or nt rprise wh1ch involves h us pnva e gain of the City's im ' facil tl a' quipm n ' supph . , pr • 1ge, 1nform tion , b dg ' or uniform, xcept 0 h rWlS approv d by C1 y M nag r. • for as • • • • • Section 2. That Subsection (8) is added to 5-26-5 of the '69 E.M.C. to read as follows: (8) Interpretations of conflict of interest may be appealed to the City Manager. Section 3. That Section 5-15-38, paragraph 3, of the '69 E.M.C. is amended to read as follows: 5-... 5-38: REEMPLOYMENT If a former employee is reemployed, (s)he may be required to serve a probationary period in the discretion of the department head subject to the approval of the City Manager. See~~eft-4. ~~e~ pa~a,rapk 4 ~e aeaea ~e See~*eft §-~§-38 ei ~ke 1&9 BTHTGT ~e ~eaa as ie~~ewe+ Afty eMp~eyee wke *e re~*ree May 8e ~e~*ree w*~k h*e er her seR*e~*~Y r*'k~e efta 8eftei*~s wh*eh e•4s~ea a~ ~he ~*Me ei h~s e~ fte~ ;e& ~erM~ftae*eft *ft ~he e*seree*eft ei ehe aepareMefte Rea& s~&;ee~ ee ~he appre¥a~ ei ~he Gi~y Hafta!erT Introduced, read in full, and passed on first reading on the 6th day of September, 1983. Published as a Bill for an Ordinance on the 7th day of September, 1983. Amended, read in full, and passed as amended on the 2 1 st day of Novemb r, 1983. 1 98 3 . Published in full s m nd d on t he 23 rd day o f Nov mb r, Read by i tl a n d pas s ed on f1nal r e d1ng on the 5th day of o c mb e r , 19 8 3 • P ubl ah d by titl aa Ordin nee No . (L,/ h 7th day of o c mb r , 1 83 . A teat: lt off I do ci 2 • , s r1ea of 1983 , on Eug n e L. Otis , Mayor I • • - • • I .... • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ~I , Series of 1983. Gary R. H1gbee I • • ORDINANCE NO. (; 1/ SERIES OF 1983 BY AUTHORITY • • • l 73 COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A SEWER EASEMENT AGREEMENT WITH THE SOUTH METRO FIRE TRAINING ACADEMY MEMBERS, THE CITY OF LITTLETON, OSPREY, INC., CENTENNIAL DOWNS METROPOLITAN DISTRICT, AND THE RIVER VENTURE, A JOINT VENTURE. WHEREAS, the City of Englewood is a member of the South Metro Fire Training Academy which owns property at 2301 w. Chenango Avenue in the City of Englewood, State of Colorado; and WHEREAS, Osprey, Inc., Centennial Downs Metropolitan District, River Venture (a joint venture), and the City of Littleton require an easement across the South Metro Fire Training Academy property for a sewerline; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. There is hereby approved the following agreement, titled "Sewer Easement Agreement:" • I • • • 1.. . • • ( .. SEWER EASEMENT AGREEMENT THIS SEWER EASJ::MENT AGREEMENT (hereinafter referred to as the "Agreement") 1a entered into aa of this _day of----- 1983, by and between---------------------------------------------- (hereinafter referred to as "Grantor"), and with respect to the Temporary Easement, Osprey, Inc., a Colorado corporation with its principal place of businesa in Fort Collina, Colorado; Centennial Downs Metropolitan District, a water and sanitation district duly organized under Colorado Revised Statutes (1973, as amended) ~32- 4-101; and the River Venture, a Colorado Joint Venture with its principal place of buaineaa in Littleton, Colorado (hereinafter collectively referred to aa "Grantee 1"); and with reapect to the Permanent Eaaement, the City of Littleton, a municipal corpora- tion (here1naf ter referred to aa "Grantee 11 "). W 1 T N E S S E T H: WH ER EA S, Grantor is the owner of that certain tract of real property lying and aituate in Arapahoe County, Colorado (herein- after referred to aa the "Property"), which Property ia more par- ticularly deacribed in Exhibit A attached hereto and incorporated herein by reference for all purpoaea; and \.'HEREAS, Grantee 1 1a the owner of certain real property lyina to the aouth of Property (hereinafter referred to aa th "River a ide Property"), which Rivera ide Property ia ore part 1cu- l ar ly deacribed in Exhibit a attached hereto and incorporated herein by reference for a ll purpoaea, an d Grantor and Crance 1 and Grantee 11 deaire to define an eaaeme nt for entry upon a por- tion nf the Property for the purpose of ~onatructinK a n extenaion • wer line fro th Riv raide Prop rty to th exiatin~ a wer lin on the Property (hereinafter referred to aa th "T por ry J:: ae- llent"); and • I • ( ( • • - (. WHeReAS, Grantor and Grantee 11, upon expiration of the Tem- po rary Easement, desire to define a permanent easement (herein- after referred to as the "Permanent Easement") for the benefit of the Riverside Property for the uae of the sewer line facility to be constructed by Grantee I in connection with the exercise of the Temporary Easement. NOW, THEREFOKE, for and in consideration of the sum of Ten Dollars ($1 0 .00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged and confessed, the parties hereto do hereby covenant and agree as follows : 1.1 Grantor hereby grants to Grantee I, subject to the terms ano conditions of this Agreement, and subject to all matters of record as of the date hereof, the Temporary Easement for the purpose of entering upon the Property within, but only within, the area more specifically described in Exhibit C hereto, and, by reference, incorporated herein for aU. purposes (herein- after referred to aa the "Temporary Easement Area") to dig, con- struct and install u sewer line (hereinafter referred to as the "Sewer Line") within the Temporary Easement Area, and upon com- pletion of such construction and installation, to connect the Sewer Line to the City of Littleton's existing sewer line at th point designated in Exhibit C hereto. 1 .2 During the Construction Period, Grantee 1 shall have th e riaht to occupy the Temporary Easement Area toaether with the riAht of inareaa and e reaa with respect thereto for the purpos e of con structing and installing the Sewer Line; provided, however, that such occupancy ano conatruction shall not unreasonably in- bib t or 1 peoe ingreea, eareae or uea e by Grantor with reap c t to the Property and Grantee I at aU till a durin th conetruc- t ion Perioo ahall conduct Grantee l'a conatruction act1v1t1 a i n -2- • • • - (. a manner such that ingress, egreas and usage to the Property over, across and through the Temporary Easement Area will be rea- sonably available to vehicular and pedestrian traffic, where ana to the extent such traffic exhts as of the date of this Agree- ment, 11. PE ~E NI EASDIEM T 2.1 Grantor hereby grants to Grantee 11 the Permanent Ease- ment within, but only within, the area more specifically de- scribed in Exhibit 0 hereto, and, by reference, incorporated here in for a!! purposes (hereinafter referred to as the "Perma- nent Easement Area"), subject to all ruatters of record as of the date hereof, for the purpose of providing a line for the removal of s~werage from the Riverside Property through the Sewer Line constructed by Grantee 1 pursuant to Section 1 of this Agreement with the right to maintain, within the Permanent Easeruent Area, all f ixturea, pipes, devices and other appurtenances reasonably necessary for the proper operation of the Sewer Line. Grantee 11 shall have the right to maintain, lay, construct, reconstruct, operate, reruove and repair the sewer line and aha!! have th right of iniress and egress in the area referred to as the Tempo- rary Easement, •• oescr.beo in Exhibit c. 111, CONDITIONS OF AGREEKKNT 3,1 Grantee I shall inoemnify and save Grantor har1 leas from any and aU liability that may r .. ult fro th ex rciae by Grantee I or Grantee 1's employees, a ante, licenseee or invitees ot the rights &ranted to Grantee 1 hereunder including liability to third peraona arising out of neall1 ence on th part of Gran- tee 1, Grantee l's ployees, aaente, licensee• or invit ea in the ex rc 1se of Gr nt .. 1's rillhta, or ny 11 b 1Uty that y ruult fro any lnjuri s c:au teo by Gr nt I, Grantee l's p oyeu, a ante, J.ic nee u or invitee• in the ex rciu o Gran- te l's ri hts whlc:h 1•pa1r th uu and njoy• nt o •• 11 nts txlatln prior to th e execution of th1• re ••nt. I • • 1... . • • (. 3. 2 Grantor reserves the right with respect to the Te mpo- rary E.asement Area and the Permanent l::asement Area to use ana occupy such areas for any purpose which will not unreasonably in- terftre with or enaan~er the Se we r Line or the op~ration thereof. This Agreement is not an exclusive easement to Grantee I and Grantee II, but is expressly suoject to any rights, licenses or easements existing prior to the execution of this Agreement. I V. Hl SCEkLAMEOUS 4.1 This Agreement and the Exhibits referred to herein con- stitutt: tht: co111plE!tt: a~reeruent of the pttrties hereto with r~:spect to the subJect matter hereof and there are no oral understandings or agreements not contained in this Agreement. ·4.2 This Agreement shaU be binding upon ana for the bene- fit of Grantor and Grantee I and Grantee 1I and their respcct1vc successors and assigns, which shaJ.J. include every person, part- nership, association or corporation acquiring ' or succeedtng to any interest in etthtr the Property, Riverside Property, Grantor or Grantee 1 and Grantee 11, and shall be appurtenant to ana shall. run with the IUveraide Property, but shaJ.l be subordinate to the rights of Grantee 11 and the rights of other property owners who wiJ.l be uaing the Sewer Line. 4.3 The section headinKs used herein are for referenc and identification purpoaea only, are not to be construed as part of this A&reement except for such purpose, and are in no way in- tended to deacribe, interpret, define, a plify or limit th• scope, extent or intent of thia A ree11ent. The part i s hereto a11ree that, whenever sed herein, references to a s ngle party shall 1nclud plura partiee and the use of either the 11aacul ne, neue r or fewinin ender shall be applicable to all nd ra. • I • • • l • - ( 4.4 lf any provision of this Agree10ent is held to be i1- legc.1, invalid or unenforceable under present or future laws ef- fective durin~ the term of this Agreement, the legality, validity ana enrorccability of the remaining provisions shall. not De af- fected thereby, and in lieu of each such illegal, invalid or un- enforceable provision there shall be added automatically as a part of this Agreement a provision as similar in ter10s to such illegal, invalid or unenforceable previa ion as may be possible and be legal, valid or enforceable. 4.5 If the title to any portion of the Property legally de- scribed in lxhibit A is determined not be be vested with Grantor, the remainder of the Property described therein shall not be af- fected thereby, nor shall the legality, validity and enforce- aDi~ity of this easement with respect to the remainder of the Property be affected and this Agreement shall remain in full force and effect with respect thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set out hereinabove. ATTEST : GRANTOR: (SEE FOLLOWING PAGES FOR GRANTORS) GRANT&!: OSPlliY, INC. By ,A~.-tra~~c-.-,R~o~.~·~n~t~h~.~r~.--P~r~.~.~,~d~.~,~.t~ • I • • - • • • • EXHIBIT A PARCEL I: A tract of land in the WI, of the WI, of Section 9, Township 5 South, Range 68 Hest of the 6th P.M .• described as follows: CCM1EN::ING at a point 594 feet North of the Southwest corner of Section 9; thence North 89.59 1 East a distance of 565.9 feet; thence North 0°8 1 East a distance of 1206.6 feet; thence North 27.10 1 East 238.2 feet; thence North o• 5 1 West a distance of 895. 7 feet to the Southerly boundary line of County Road; thence South 83 •12 1 West along the Southerly line of the County Road a distance of 180 feet, more or less, to a point; thence Southwesterly along said South line of said County Road a distance of 80 feet, more or less, to the center of the South Platte River; thence Southerly along the center of the South Platte River to the point of intersection with the West line of said Section 9; thence South along the West line of said Section 9 a distance of 240 feet, more or less, to the point of beginning; subject to easement along the East line thereof to the Town of Littleton. Excepting therefrom that tract as described in Quit Claim Deed recorded December 17, 1952 in Book 785 at Page 20 of the Arapahoe County, Colorado records; and further excepting that trac of land described in document dated February 21, 1967 and recorded in Book 1698 at Page 274 of the Arapahoe County, Colorado records. PARCEL II: BEGINNING 594 feet North of the Southwest corner of Section 9. Township 5 South, Range 68 West; thence North 89°59 1 East for 565.9 feet; thence North 0°8 1 East for 1206.6 feet; thence North n·lo 1 East for 238.2 feet; thence North 0°5 1 West for 188 feet to the true point of beginning, which point is approximately 60 feet South of the centerline of Big Dry Creek; thence North o• 5 1 West for 707. 7 feet to the South boundary of the County road; thence South 83 • 12 1 West along the South boundary of the County road for 128.7 feet; thence South 6•48 1 East for 80.5 feet; thence South 83.12 1 West for 145 feet, more or less, to the centerline of the South Platte River; thence Southerly along the centerline of the South Platte River to a point from which the true po1nt of beginning bears North 89.55 1 East, thence North 89.55 1 East for 100 feet, more or less; thence North 89°55 1 East for 200 feet to the true point of beginning. • • • • - • I , I , ' . !l!l!l!li A A portl011 of tbe followt.,. d .. , rlbed p<IIT.alo : ~liD 1 • A troct of land located ln the ,.t::E\ of S.ctt..., S , ownrn South, ""nao 61 Wel t of the 6th P.H •• f 'ovnty ~f Araplhoot, State of Colorado, da1~rlbed a c follawa : ltcUIItiC a t t'-e HE comet of the Hf\SH Sac clon a, th*nce ~o.cth ~~ .... t he !ut Una of the N!\H\ Section a 1321 .4 foot to the ~£ comer 111:\S!\ Section a, t h.nc t South J9°S0 1 lieu a lon1 th~ South llno of t'-e Nl:\5!\ Section a, l4l. 7 fut tn a point whlch II 982.~ fe<"t fait of th. 5'11 co.-...r of the Nl:\5!\ Section 8, thence lorth 0~08' lleot 1281.2 fee t to • f01nt . t hence South 89°S2' \Je a t 206 teet to 1 .PI)tut, th.nce ltorth 000~ llost H feu to • rolnt on t he llorth llno ot t :O.. Hf:\S t l Section 8 , thonct Nort h 89"S2' Eut o lor~~ tho North line <>f tho Nt\S!\ Se ction 8 to tho t•olnt of boalrnln(. PARCE L NO, 2 • All of th.ct part of tho :;v ~ of t ho 1'1\ Section 9, Tc""'- olll p S Soutli , """•• 611 llo I t of tho 6th P .. i ., C:ounty of Aropoh~, ~t ate of Colora do, vhlch lleo ! outh of tho Covn :y 1\coa d nl.ll!lbered I, a nrl llut of tho South Plottt liYtl . PARCEL w· • · All u( tl "': P-.: :: :~..: :~, ' "· •!on ~. Town• hlp S South. "61 v ... c of the 6th "·"·· cou .. ty o f Ar,plhi)C, St«t• of Colora do , whSt h 11~1 Weat of th• South Plttto atv•r . PARCF.L NO , 4 • All of thnt part of t ho 5'11 1 $11 ~ Sect i on ''• T"""ohlp 5 South. IA n.r• 61 We tt CtC C"\C 6th r "t I :our cy ,,( Artpllhfte , !'it i Cf' o! Colora d o. which lltl ort' ttnd lr"l o( tht S~th P l e Ltt llvot r wt\teh 11 c..,t•tNd "'lt t-ln f h, t .:ht·nf-w",. fttr the .. tvtrrtr lJ f)fl ""d lteervotr Oownetret~r~ ( h tnn I I ru•1 t ~11t 1, S""'th P It t • R.Jv ,•r . e nd ...-. lpac lflc o ll1 d~ocr ch. I ~"'"'' r I••• I• ..... ., '" -• l • • -2407 """454 1. A qultclal• ciHcl to the CCN ·ty of Arapa hoe, re .. .,..,J,cl Ottober 111 1921, ln !look 127 a Paae 406, convayl •I a ttrlp of around JS feat wlcle on the S outh olJe of County !load No. 1, for roa d purpoou only (oll in ~cclon 9-~·68). C. A qull ~hl• <M-d to the Clt .' of Lltthton, rec trdotl Ottobn 71, 1959, in look usa at , ••• 10, on•·eylna • rl&ht•o ·va y ,, f~et vlda for a 10var outfall llne ( n Sections~ and 9 ·)·6"). D. A qultclah• deed to dw t:lt1 ot £nJlc"'uod, reC'>t"•*c•l Aprt: 1•,. 1965, ln look 1589 a t Poao 2H (a paree1 u•· rroperty lo:>catr•· In the El, Sa<tlon 8·)·68 and W~ So:tlnn ?·5-hK) (1 t utted t.n theae deu:rtpt tona, Cuun tv Rt\nJ No , t """ t'nlun ,\VC"'lUt• •t., ch~ •••.) • • • • • • EXHIBIT 'B' A tract of land located in the Southeast Q.larter of Section 8, 'I'ownship 5 South, Range 68 West of the Sixth Principal l"eridian, City of Littleton, Arapahoe County, Colorado being described as follOoiS: Beginning at the Sout.h..oest corner of the Southeast ().larter of said Section 8 and considering the Southerly line of said Southeast ().larter to bear tbrth 99• 41' 10" East, wi t _h all bearings contained herein relative thereto; thence Easterly along said Southerly line tbrth 89" 41' 10" East, 1,326.07 feet; thence North oo· 26' 00" East, 40.00 feet to the Southeast comer of Centennial's Pr1de Scbd1v1sion as recorded at Reception Number 1630306 in Dook 31, P~gc 21 ~•lth the Clerk and Recorder of Arapahoe Co.J.nty, Colorado, said Southeast corner being on the Norti'erly right-of-ay line of West Bellevie..t J\venw and being the True Point of Bcgl.IV'Iing of this descnption; thence Northerly a long the E.:lsterly line of said Centennial's Pride Subdivlsion North oo· 26' 00" East, 654.60 feet; thence North 76" 23' 40" West, 56.45 feet; thence North 16" 08' oo· lolest, 413.10 fee; thence North 01" 06' 00" East, 216.76 feet to the Norti'erly line of the South half of S<~id Southeast QJart.er; thence Easterly along said tbrtherl)' line tbrth 89" 42' 40" East , 1.471.27 feet to the Northeast corner of ~ South half of said Southeast 0-lart.er ; thence Southerly along the Easterly line of said Southeast QJarter South oo• 01. 20" East. 521.53 feet to the approxlrnate centerll.IlC of the South Platte Rl.ver; thence along the centerline of the South Platte Rlvcr I rth 26" 11' 00" West, 271.90 feet; thence North 79" 31' 00" \.lest, 203.40 fc('t; thence South 66" 58' 00" West, 217.30 feet; thence South 33" 25' 00" 1 ~t. 3S9 . 40 ! t; thence South 12" 56' 00" st, 379.60 feet ; thence South 19" 42 ' 10" Eas , 297.40 feet to the tbrtherly right-of-ay llne of I st 13clle\'l()W /\venue; thence St.erly along sa1d Northerly liJlC South 00" 18' 50" F..:lsl, 10.00 fee ; thence Sol.lth 89" 41' 10" Was, 608 .40 feet to po1nt o! bcqlMIJ\9 o! th1s descnptlo..,. n-.e above described tract contallls 24.35 ncr s . • I . • 1,_ • • MAP OF EXHIBITS 'C' & 'D' SEWER LINE AND CONSTRUCTION EASEMENTS N. W. 1/4 , S . W. 1/4, SECTION 9, T. 5 S., R. 68 W., 6th P.M. , ARAPAHOE COUNTY, COLORADO EASTERLY R.O.W. OF SOUTH PLATTE RIVER CHANNEL IMPROVEMENT 6 -oo•u • .,. ----- " • 110.1 .40 ' A • 13 . 11 ' 6 • oo••e •.t o• , • 1101 .40 ' A •11.11 ' SCALE: 1'•20 ' LEOENO P.O.a. OF SEWER LINE EASEMENT .. .. .. .. II .. . T IIAIIY CO TIICICTl lA Ill NT S .W. Co,, N .W . t/4 , ~ s.w. t/f S•c . I , T. 1 s., , llf ••• w. 0, ltlt "·"· • .. .; ... ... . .. • 6 s oo•.1e · o•· It a fiO.I . .fO ' A • fi .OI ' It. 110.1.40 ' A • 11 .01 ' • -• • • EXHIBIT 'D' LEGAL DESCRIPTICI>I -Pmw~Dfl' SEWER LINE FJIS!MEN'I' A portion of tl-e Northoest ~ of tl-e Sou~st ~ of Section 9, 'l'oolnship S South, Range 68 West of tl-e Sixth Principal ~toridian, being described as follc:us: Beginning at the Sou~st corner of said Northoest Q.larter and considenng the Westerly line of said No~st Q.Jarter to bear North oo• 01' 20" West, with all bearings contained henn.n relative thereto: thence North 35" 59' 09" East, 743.27 fee to the po1.n of curvature on the Easterly right-of.._y line of the South Platte Rl.ver Olannel Int>roverent: thence Southerly alor<:~ said Easterly l:~.ne, alor<:~ a non-tangent curve to tl-e right having a delta of OJ• 04' 44", a rad1us of 1602.40 feet, an arc of 86.11 feet, and a long chord wluch bears South H" 22' 28" West, 86.10 feet to tl-e True Point of Beginning of this description: thence departing said Easterly line, North sa• 32' 52" East, 170.74 feet; thence South 26° 58' 43" West, 28.43 feet; thence South se• 32' 52" West, 165.25 feet to tl-e Easterly right-of-y line of the South Platte River Olannel lnt>J:OUel"ent; thence Nortl-erly along said Easterly line a10!"<3 a non-tangent curve to the left having a delta of oo• 56' 20", a radius of 1602.40 feet, an arc of 26.26 feet, and a long chord which bears North 16" 23' 00" East, 26.26 feet to the point of beginning o! this description. The above described tract contains 4,199 square feet. EXHIBIT 'C' LEGAL DESCRIPTICI>I-'IDli'OPARY SEWER LINE ~Ql FASD€NI' A portion of tl-e No~st ()larter of tl-e ~st ()larter of Section 9, 'l'oolnship S South, Fange 68 West of the Sixth Principal lt!ridian , being described as follows: Beginru.nq at tl-e ~st corner of &al.d No~st Q.Jarter and considering the Westerlr ll.ne of sa1d Nor:-t:n..est Olarter to bear North oo• 01' 20" West, with a 1 bearings oontal.lled herein relative tl-ereto; thence North Js• 59' 09" Eas , 743.27 feet to tl-e point of curvature of the Easterly riqht-of-..ay line of tl-e South Platte River 0\&Mel Int>rQOift1"el'lt: thence Southerly alor<:~ sud Easterly ll.ne a10!"<3 a non-tangent curve to tl-e riqh having a delta of 02• 36' 40", • radius of 1602.40 fee , an arc of 73.03 f t., a.nd a lor<:! chord wluch bean Sooth u• 08' 26" at, 13.02 f t to the om. Poi.n of lJYiing of this ..:nption: thence departing said t.aaterly line, rth n• 32' 52" t.aa , 173.66 fMt: thenoa South 26" 51' 43" Weat, 56.66 feet: South sa• 32' 52" a , 162. a t to tl-e Easterly d -ot-...y 1 of the South p a te Ri r 0\annal t 1 rtherly alorq aaid £utsrly ll.ne, alorq a non-t.&n98f' curve to the lef having a lta of 01• 52' 41", a radius of 1 02.40 f t, an arc of 2.52 fee , a.nd a 1orq rd wtuc::h be&rs u• 23' 06" r.ut, 52.52 t to po1.nt. of beqlJV'Iinq of this dQcr ption. llbooJe scr tract contsi.na I , 401 8qUoU'e !toe . !IIJIIPI/E'l'CI'S CDITITIQ; • • l • • MAP Of EXHI B ITS 'C' & 'D' SEWER LINE AND CONSTRUCTION EASEMENTS S.E. 1/4 SECTION 8 AND S. W. 1/4 SECTION 9, T. 5 S., R. 68 W., 6th P.M., ARAPAHOE COUNTY, ·COLORADO LEGEND r---1 26' WIDE PERMANENT L--..J SEWER LINE EASEMENT £"":\"\\~ TEMPORARY CONSTRUCTION ~EASEMENT SCALE: r• 100 ' . ,,.,,. ,, .. ,,. .. c&Htv• ' ' • ,,.,,. oe· w •.• 6 ' ----EASTERLY R.O.W. SOUTH PLATTE RIVER CHANNEL IMPROVEMENT o•a.rA IIAOIU. AIOC •••••• ••• ,,., .,. ,., .... , ..... ,,. •••••••• ,, ... ,. . , ....... , ....... ....... , .. ,,. ,,. , .•..•. u •.••. ••••••••• ........ , ...... , .. ,,.,, . , ....... . .... ,. ...... , .. •••••••• .. ..•. ,,., .. , , . , ....... ,,,,. I •• Cer., • I t /41, • I t ./4 , ..... 0,., ~ .• I • • • • - IT'D' UXii\L DESCRlPTia.l -PER!WlENI' SDIER LINE FASD1ml' A portion of that parcel described in Book 2407, Page 452, as filed with the Clerk and Peoorder of Arapahoe County, O:llorado, being described as foll0o1s: Beginning at the SoJtheast corner of the Northeast Q..larter of the Southeast 0-larter of Section 8, Township 5 Solth, Range 68 West of the Sixth Principal Meridian, and considering the SoJtherly line of said Northeast ().larter to bear South 89• 42 ° 40" West, with all bearings contained herein relative thereto : thence Westerly along said Soltherly line, South 89" 42' 40" West, 304.59 feet to the Westerly right-<>f-...ay line of the Solth Platte River O>annel ~t: thence Northerly along said Westerly line, along a non-tangent curve to the left having a delta of 09" 23' 33", a radius of 1262.40 feet, an arc of 206.94 feet, and a long chord which bears North 44" 44 • 00" Fast, 206.71 feet to the True Point of Beginnlng of this description; thence continuing along said Westerly line, along a curve to the left having a delta of 19" 13' 34", a radius of 1262.40 feet, an arc of 423. 61' feet, and a long chord which bears North 30" 25' 27" Fast, 421.62 feet; thenoe departing said Westerly line, North 88" 32' 52" Fast, 361.07 feet to the Easterly right-<>f-way line of the South Platte River 0\annel !zrprt:M!m!nt ; thence Southerly along said Easterly line along a non-tangent curve to the right having a delta of oo• 56' 20", a rad1us of 1602.40 feet, an arc of 26.26 feet, and a long chord which bears SoJth 16" 23' oo• West, 26.26 feet: thence departing said Easterly line, SoJth 88" 32' 52" West, 330 .93 feet: thence along a non-tangent curve to the right hav1ng a delta of 13" 49' ll", a radius of 1292.40 feet, an arc of lll. 73 feet, and a long chord which bears South 28" 22' 32" West, 310.97 feet; thence Solth 53" 27' 53" West, 110.06 feet to the point of beginning of thia deac:ription. 'nle above described tract contains 19,603 square f t. EXHIBIT 'C' UXii\L DESCIUPTICJI -'!'D1PCIW!Y ~ LINE <XNS'I1U:TIC!l !".MlHNI' A portion of that pareel deac:ribed in Book 2407, hgol 452, aa filed with the Clerk and Jleoorder of Araparoe County, O:lloredo, being deac:ribed as follOo/S: Beginning at the Soltheaat corner of the Nortlwaat ()Jarter of the SoJtheast ()Jarter of Section 8, Township 5 South, flange 68 Weat of the Sixth Principal Meridian, ard conaidering the Soltherly line of aaid Northeast ()Jarter to be&r Solth 89" 42' 40" West, vith all bearings oontal.Nid herein relati-thereto; thence Westerly along aaid Soltherly line, Solth 89" 42' 40" Weat, 304.59 feet to the Westerly right-<>f._y line of the Solth Platte River O>annel !zrprtM!IIW1t; thence Northerly along aaid Westerly ll.ne, along a non-tangent curve to the left having a delta of 06" 40' 45", a radlu of 12 2. 40 f , an arc of 147.16 feat, ard a long chord which bears rth 46" 05' 23" Faat, 147.08 feet to the True Point of Be9i.nning of thu deac:ripUCinJ thence oonUnuing alonq aaid Wuterly line, alonq a curve to tl-. left NV11'9 a delta of 2 • lll' 13", a rediua of 1262.40 fee , an arc of 576.61 f , ard a long chord which bean North 29" 39' 54" Eaa , 571.61 ! 1 U..0. depa.rtlniJ aa~d Weaterly li,.., rth 8" 32' 52" Faa , 3 3. l f Eaaterly right-<>f._y line of the Solth Platta Riwr Chamel t: therly along aaid r..aterly llne, SoJth u• so• o • , 4.12 f , ala>g a curve to the ng having a lta of 07" 0' o•, a rachua of 1602.40 feet, an of 205.41 f , ard a long chord which bean th u• 30' 31" at, 205.34 feet1 thence ~ aaid Ella rly 1 , South II" 32' 52" • , 321.82 f 1 thence along a ~tangw> to r gh having a lta of 10• 11' 2s•, a r..:hua of 1302.40 t , an arc: o 211.64 t , and a long chord ~ich 30• 37' os · , lll.ll 1 s1• 27' 53" 1n o ilv>1n9 of thil -=ripuon. tallla 14 ,11. t l... . • , • • • l • • Section 2. The Mayor and ex officio City Clerk-Treasurer are authorized to affix their signatures for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a Bill for an Ordinance on the 23rd day of November, 1983. Read by title and passed on final reading on the 5th day of December, 1983. Published by title as Ordinance No. , Series of 1983, on the 7th day of December, 1983. ------- 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. H1gbee • • • ORDINANCE NO. ftJ~ SERIES OF 1983 BY AUTHORITY • l • • 73 COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A SEWER EASEMENT AGREEMENT WITH THE SOUTH METRO FIRE TRAINING ACADEMY MEMBERS, THE CITY OF LITTLETON, OSPREY, INC., CENTENNIAL DOWNS METROPOLITAN DISTRICT, AND THE RIVER VENTURE, A JOINT VENTURE. WHEREAS, the City of Englewood is a member of the South Metro Fire Training Academy which owns property at 2301 w. Chenango Avenue in the City of Englewood, State of Colorado; and WHEREAS, Osprey, Inc., Centennial Downs Metropolitan District, River Venture (a joint venture), and the City of Littleton require an easement across the South Metro Fire Training Academy property for a sewerline; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. There ia hereby approved the following agreement, titled "Sewer Easement Agreement:" • • • - • • 1.._ • - ( . SEWER EASEMENT AGREEMENT THIS SEWER EASt:MENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into aa of thil _day of ---- 1983, by and between---------------------------------------------- (hereinafter referred to as "Grantor"), and with respect to the Temporary Easement, Osprey, Inc., a Colorado corporation with ita principal place of buaineaa in Fort Collina, Colorado; Centennial Downs Metropolitan District, a water and sanitation district duly organized under Colorado Revised Statutes (1973, as amcnucd) ~32- 4-101; and the River Venture, a Colorado Joint Venture with ita principal place of busineu in Littleton, Colorado (hereinafter collectively referred to as "Grantee 1"); and with respect to the Permcnent Eaaeaoent, the City of Littleton, a municipal corpora- tion (hereinafter referred to as "Grantee 11 "). W 1 T M & S S & T H: WHEREAS, Grantor is the owner of that certain tract of real property lyin& and aituate in Arapahoe County, Colorado (herein- after referred to aa the "Property"), which Property ia more par- ticularly de1crib d in Exhibit A attached hereto and in c orporated herein by reference for all purpoaea; and \o.'HE EAS, Gran tee 1 11 the owner of certain real property l yin& to t h e so u t h of Pro per t y (hereinafter r efe r red t o a a the "Rivers ide Prop e rty"), hich Riv ersid e Property 1a 110re pa rticu- l a rly d ea crlbe d ln xhlblt I a tta ch ed h er eto a nd incorpor a t e d herein by r e ference for a ll purpo aea, a nd Grantor and Grantee 1 and G~a nt ee 11 deaire to d e fine a n e aa aent for entry upon a por- tion of the Property for th purpo e e of ~on a tructinl a n extension aewer lin fro th iv r lde Property to th e x ietinl a wer lin on th Property (h r na t r r rred to ae th "T por ry l':u - 11ent"); a nd I • • • • (. WHEREAS, Grantor and Grantee 11, upon expiration of the Tem- porary Easement, desire to define a permanent easement (herein- after referred to as the "Perruanent Easement") for the benefit of the Riverside Property for the uae of the sewer line facility to be constructed by Grantee I in connection with the exercise of the Temporary Easement, NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged and confessed, the parties hereto do hereby covenant and agree as follows : I. TEMPORAaY f+St:MUT 1.1 Grantor hereby terms ano conditions of grants this to Grantee l, Agreement, and subject aubj ect to to the all matters of recoro as of the date hereof, the Ten1porary Easement for the purpose of entering upon the Property within , but only within, the area more specifically described in Exhibi t C hereto, and, by reference, incorporated herein for all purposes (herein- after referred to ae the "Temporary Easement Area ") to dig, con- ltruct and install u sewer line (hereinafter referred to as the "Sewer Line") with in the Temporary Easement Area, ana upon com- pletion of s uch construction an d installation, to connect the Sewer Line to the City of Littleton's existing sewer line at th point designated in Exhibit C hereto. 1 .2 Durin& the Construction Period, Grantee I shall have the ri&ht to occupy the Te•porary aae nt Area to ether with the riAht of inar••• and •areas with respect thereto for the purpose of conetructin and inatallin& the ewer Line ; provided, however, that auch occupancy and conetruction ahaJ..l not unreuonably in- hibit or 1•p•o• in reea, • rasa or uaaa• by Grantor with r apect to the Property and Grantee 1 at aU t1• a durin, th construc- tion PeriOd shall conduct Grant • l't conttructlon actlvltiea in • • l • - (. a man n er such that ingress, egrecs and usage to the Property over, across and through the Temporary Easement Area wil! be rea- sonably available ·o vehicular and pedestrian traffic, where and to the extent such traffic exists as of the date of this Agree- ment, I 1. PERMANENT U.SptpT 2.1 Grantor hereby grants to Grantee II the Permanent ~ase ment within, but only within, the area more specifically de- scribed in Exhibit D hereto, and, by reference , incorporated here in to r Mll purposes (hereinafter referred to as the "l'erma- nent Easement Area"), subject to al! matters of record as of the date h ereof , for the purpose of providing a line for t he removal of s ~w erag e fr om t h e Riverside Property through t h e Sewe r Li ne c on str uc ted by Grantee I pursuant to Section 1 of this Ag re e me nt with t he r i g h t to maintain, within the Permanent Easement Area , a ll fi x t ures , pipes, devices and other appurtenances reasonab l y neces sa ry for the proper operation of the Sewer Line. Gr an tee I I s h a ll have t h e right to maintain, lay , construct, re con s t r uct, o p era te, r e 111ov e and repair the sewer l in e and s h a !l ha v e th e rig h t of inKress a nd e ~ress in the area referred to a s the Tem po- ra r y Ease•unt, as o es crJ b ed in Exhi bit c . 111 , COHDlTlONS Of ACU&MKNT 3.1 Grantee I shall inoe11nify ana s ave Grantor harwless fro111 any a na al! liability that ay reault from th xercis by Grantee I or Grantee I's e•ployeee, a enta, licensees or invitees of the ri hts &r a nted to Gr a ntee 1 hereunder 1ncluoina liability to third persons ar 1a in out of ne Uaenc:e on the part of Cran- tu 1, Gr a ntee 1' s ployeea, aaent s , lieenaeea or in vi t ea in the ex rc:ise of Cr ntee 1 '• riahta, or ny UabUity that y ruult fr011 any injuries caused by Grantee 1, Crante 1' a p oyeea, a nta, Ucenuu or invtteu in the exerciae o Gran- til l'a rt hta which i•pair the u u e nd enjoy•enc o eue entl l•ia tin prior to th e e x e cution of thi t r eea e nt. -3- • L • • - c . .~) 3 . 2 Grantor reserves the right with respect to the Tempo - rary casement Area and the Permanent J::ase10ent Area to use ana occupy such areas for any purpose which will not unreason~hly in- terfere with or endan~er the Sewer Line or the operation thereof. This Agreement is not an exclusive easement to Grantee I and Grantee II, but is expressly suoject to any rights, licenses or easements existing pr1or to the execution of this AgreeiDent. IV. MISCELLANEOUS 4.1 This Agreement and the Exhibits referred to herein con- stitutt: the com pl etf.! a~reement o f the partits hereto wit h rl.!spect to the subject matter hereof and there are no oral understandings or agreements not contained in this Agreement. "4.2 This Agreement ahall be binding upon and for the bene- fit of Grantor and Gr antee I and Grantee 11 ana their respective successors ana assigns, which shall include every person, part- nership, association or corporation acquiring ' or succeed i ng to any intertst in e1ther the Property, Riverside Property, {irantor or Grantee 1 ana Grantee II, and a hall be appurtena nt to ana JhalJ. run with the Riveraide Property, but shall be suoorainate to the rights of Grantee II ana the rights of other property owners who wi ll be using the Sewer Line, 4.3 The aection headin~s used herein are for referenc and identification purposea on ly, are not to be construed aa part of this A&re ement except for such purpose, and are in no way in- tended to deacribe, interpret, define, amplify or li~it th~ scope, extent or intent of this Aareement. Th part i s her to a11ree that, whenever uaed herein, references to a single party ahall include plural partiea and the use o! either the masculine, neue r or e~ nin sender shall be applicable to all nders. • • -• • • ( 4.4 lf any provision of this Agree1oent is held to be il- legc.l, invalid or unenforceable under present or future laws ef- tectiv~ aurin~ the terro of this Agreeroent, the legality, validity and enforceability of the re!Daining provisions shaH not be af- fected thereby, and in lieu of each auch illegal, invalid or un- enforceable provision there ahall be added automatically as a part of this Agreement a provision as similar in ter!Ds to such illegal, invalia or unenforceable provision as may be pouit>le and be legal, valid or enforceable. 4.5 If the title to any portion of the Property legally de- scrib~d in ~xhibit A is deter!Dined not be be vested with Grantor, the remainder of the Property described therein ahall not be af- fected thereby, nor shall the legality, validity and enforce- at> i~ ity of this easement with reapect to the remainder of the Property be affected and thh Agreement shall reroain in full force and effect with respect thereto. IN WITN~SS WHEREOF, the partiea hereto have executed this Agre~ruent as of the day and year firat aet out hereinabove. ATTEST : _,_ GiANTOR: (SEE FOLLOWING PAGES FOR GRANTORS) GI.AIIT!I: OSPliY, INC. By 1l~.~rr.arr-L-. """~~R":o:":a:-::e nth a I , P r • • 1 d ••• t • • -• l • - EXHIBIT A PARCEL I: A tract of land in the W~ of the W~ of Section 9, Township 5 South, Range 68 West of the 6th P.M. , described as follows: C'Cf+IElCir«; at a point 594 feet North of the Southwest corner of Section 9; thence North 89" 59 1 East a distance of 565.9 feet; thence North 0"8 1 East a distance of 1206.6 feet; thence North 27"10 1 East 238.2 feet; thence North 0"5 1 West a distance of 895.7 feet to the Southerly boundary line of County Road; thence South 83"12 1 West along the Southerly line of the County Road a distance of 180 feet, more or less, to a point; thence Southwesterly along said South line of said County Road a distance of 80 feet, more or less, to the center of the South Platte River; thence Southerly along the center of the South Platte River to the point of intersection with the West line of said Section 9; thence South along the West line of said Section 9 a distance of 240 feet, more or less, to the point of beginning; subject to easement along the East line thereof to the Town of Littleton. Excepting therefrom that tract as described in ()lit Claim Deed recorded Decertiler 17, 1952 in Book 785 at Page 20 of the Arapahoe County, Colorado records; and further excepting that tract of land described in doctrnent dated February 21, 1967 and recorded in Book 1698 at Page 274 of the Arapahoe County, Colorado records. PARCEL II: BEX>INNir«; 594 feet North of the Southwest corner of Section 9, Township 5 South, Range 68 West; thence North 89"59 1 East for 565.9 feet; thence North 0"8 1 East for 1206.6 feet; thence North 27"10 1 East for 238.2 feet; thence North 0"5 1 West for 188 feet to the true point of beginning, which point is approximately 60 feet South of the center line of Big Dry Creek; thence North o• 5 1 West for 707. 7 feet to the South boundary of the County road; thence South 83 " 12 1 West along the South boundary of the County road for 128.7 feet; thence South 6"48 1 East for 80.5 feet; thence South 83"12 1 West for 145 feet, more or less, to the centerline of the South Platte River; thence Southerly along the centerline of the South Platte River to a point from which the true point of beginning bears North 89"55 1 East, thence North 89"55 1 &ut for 100 feet, more or less; thence North 89"55 1 East for 200 feet to the true point of beginning. • • • I '- • • . • I ' ' , ' . 1!11!1 Ill A A portS 11ft of tt.. fo ll-t,. deoc ril"'d pai'Clelo : ~~~~~ I • A trac t of land l ocatad ln t he JCt::E\ of Section I , ow;;rn South , aanao 61 W.ot o f the 6th '·"·. l 'oun ty o f Aropahoot , State of Colorado , d .. n l bed a r f oil-•: IEGllllltM; o t tl>a HE corne r of t ho! Hl\St~ Se ction 8, thence ~"'ott. :.!ona t he t:a ot Una of tl>a NE\!E\; Section 8 lln ,4 het to the ~t corner 11!\SE\ Section 8, thenct South l9°~o 1 Wut a lous th• South line o f t he II!Ut\ Section I, 341.7 fe e t t" a point v hlch Ia ~82.~ feH ba t o f tl>a SV corner of the 11!\;S!\ Section 8, thenc e lorth 0 08' Weat 121 7.2 fee t to • fo1nt, thence South 89°52' Wt a t 106 feet to a p..,htt . t he nce North 00()1) Wett 1.5 f e et to a roint on t he-North line-Ol t !'w.· 11!\;SEl Section a, thence North 89"H' Eu t a lone the North II ne "! the 11!\St\ Sn tlon a to the r•olnt o! beslrnlnt . PAa CEL 110. 2 -All of th.rt p a rt of t he :;v~ o! t he lfol\ Sect I on 9 , T""'- .tl!p S Soutll, Ra nae 6A w. a t of the 6th P .. ~., County of Arap•hoe, ~Ute of Colo ro do, vhlch Ilea • outlo of the Coun :y ll<>ad nUIIIbered I, a nd We at of the South Pla tts livu , PAlCEL NO • ., • All vC tl .. : p .... : :: :~.: ~!J , ' ~. ·~on IJ, To..,.,•htp S South, Lnte 61 We ·n u( the 6th '·"·, Couttty ••f Artpaht~, Stute of Colora do, vhtch 1 l•·• We at of th • So~o~th Pl • tte R1vf' r . PARCr.t NO, 4 • All of th•t part of the SV ' SW~ Sect I on 11, l"""•hlp S $outn, L nre 61 WeJt f'f t'M' 6th r "1 •• :ourty t.o( Arlp4t'wtoe , S t a t f' o! Colora do, which 11• 1 ort' '"'' lr~t of ttw $0\..th P l a ltt atvotr Which l t cont a l"-d wlt t-ln t l" 1 le ee rvolr ~l tr ta iPI Ch•"•' I I ..,.. a peclflcally dcurt •ho-.,(-vo r f~t th.e -""' Hcl J t 'rtt'lf N lltl 1 $ th , lt tf I.JV•'t" ...,l ltorwJ ond ·"" .. ... I , A Uht• f ... r It IUl , ., ·-h ,., .,. -c lw ,... ....,..., ..._., C•ll t• • • • • 1 . A •uitclat. .... to tho c-tJ of Arapahoe, n .or.J~d Oetober 11, 1921, in _., U7 a P•&• 4 06, conveylc • aut, of ar-4 JS feat wlde on the S .,tit tl.M or County Road llo . 1, (or I"M4 ,....,..., only (a ll ln ... ccton 9-~·68). c. 4 ... ll ~lale ...... to tho Cit : of Utthton, rec •rdad O<.tober 11, 19)9, ln 1151 at raae 10 , orw~ylna • rlaht·O -voy I~ f<ct wlda for o ••-• -cro ll llM ( n ~ctlons ~ and 9 ·S·68). D. A ~vt.tclal• deed to tM Cit f o t En&lc~·u od , rtC")rdc •l Aprt.: 1••. 19U, In lloolt 1589 o t P•&* Hl (a parco! u o rroputy l<>eotr •• In the [I Section I•S·68 and II\ So :tl un 9·S·h ~) (,,. u .. ed t" theae deecrtpt ton•. Count~ •~•o.J JI'O . l anti 1'n ic"' Avr ·nw Are the ,...,., ) • • • • • EXHIBIT 'B' LEX::"N. DESCRI PTI~ . A tract of land located in the Southeast ().larter of Section 8, 'Ibwnship 5 South, Range 68 West of the Sixth Principal Me ridian, City of Littleton, Arapahoe County, Colorado being described as follo.~S: Beginning at the Southwest comer of the Southeast 0-lart.er of said Section 8 and considering the Southerly line of said Southeast OJarter to bear ~rth 89" 41' 10" East, with all bearings contained herein relative thereto; thence Easterly along said Southerly line North 89" 41' 10" East, 1,326.07 feet;. thence North oo• 26' 00" East, 40.00 feet to the Southeast corner of Centennial's Pride Subd1v1sion as recorded at Reception NUmber 1630306 in Dook 31, P~gc 21 ~11th the Clerk and Recorder of Arapahoe County, Colorado, said Southeast comer being on the Northerly right-of_.ay line of West Belleview 1\venl.)(' and being the True Point of Beginning of this description; thence Northcr\y along the Easterly llne of said Centennial's Pride Sulxiivision North oo• 26' 00" East, 654 .60 feet; thence North 76• 23' 40" West, 56.45 feet ; thence North 16• 08' 00" 1-.lest, 413.10 feel; thence North 01" 06' 00" East , 216.76 feet to the Northerly line of the South half of said Southeast OJarter; thence Easterly along said Northerly line ~rth 99• 42 ' 40" East, l, 471.27 feet to the Northeast comer of the-South half of said Southeast Q.larter; thence Southerly along the Easterly line of said Southeast OJart.er South oo• 01' 20" East, 521.53 feet to the approximate centerline of the South Platte River; thence along the centerline of the South Platte RJ.vc.r I rth 26" 11' 00" West , 271.90 feet ; thence North 79" 31' 00" \.lest, 203.40 fcf't; tJ1ence South 66" 58' 00" West, 217.30 feet; thence South 33" 25' 00" \lest, 3~9 .40 feet; thence South 12" 56' 00" West, 379.60 feet; thence South 19" 42 • 10" East, 297.40 feet to the ~rtherly right-of_.ay line of Hcst llellt'!\'lCW /\venue; thence Westerly along said ~rthcrly line South 00° 18' 50" E<lsl, 10.00 feet ; thence South 89" 41' 10" West, 608 .40 feet to thc po1nt of lx!q1.nninq of this descnptio.-.. 'Ihe above described tract contains 24 .35 ncr s . • -• • • MAP OF EXHIBITS 'C' ' 'D' SEWER LINE AND CONSTRUCTION EASEMENTS N. w. 1/4 I s . w. 1/4, SECTION 9, T. 5 s., R. 68 W., 6th P.M. , ARAPAHOE COUNTY, COLORADO EASTERLY R.O. W. OF SOUTH liLA TTE RIVER CHANNEL IMPROVEMENT 6-oo•ze · r r· ----- " • 1101.40 ' A • 1~. tl ' ll • oo•••• ~o· "• teo~.•o • A • .11.11 ' SCALE: 1"•20 ' LEGEND ••• '1110 f IH P.0.8. OF SEWER LINE EASEMENT AltY C() l'ltUCTI II 1/il' s . w. Cer. N. w. f/4, _,..--S . w. t/4 Se~. 1 , T. • ••• , If. II W. Of IU ~.M . . • ~ .. . .. .. , • 110.1.40 " A • r~.o•· • • • - EXHIBIT '0' UXii\L DFS:RIPTIQI -Pm11\NDll' S&IER LINE EI\SD1EN'l' A portioo of the Northwest ().l&rter of the Southwest ()larter of Section 9, 'II:Mishlp 5 South, Range 68 West of the Sixth Principal Meridian, being described as fol10o1s: Beginning at the Southwest corner of said Northwest QJarter and considering the Westerly line of said Northwest QJarter to bear rth oo• 01' 20" West, with all bearings contained herein relative thereto: thence North 35" 59' 09" East, 743.27 feet to the point of curvature oo the Easterly right-of......,y line of the South Platte River 0\anne 1 IJTprovment: th!!noe Souther 1 y along said Easter 1 y line , along a non-tangent curve to the right having a delta of 03" 04' 44", a rad1us of 1602.40 feet, an arc of 86.11 feet, and a long chord wh1ch bears South 14• 22' 28" st, 86.10 feet to the True Point of Beginning of this ducnptioo: thenoe departing said Easterly line, North 88" 32' 52" East, 110.14 feet: th!!noe South 26" 58' 43" West, 28.43 feet: th!!noe South ee• 32' 52" West, 165.25 feet to the Easterly right-of-y li.ne of the South PLatte River O>annel IJTprovment: th!!noe Northerly along said Easterly line along a non-tarqent curve to the left having a delta of oo• 56' 20", a ra<hus of 1602.40 teet, an arc of 26.26 feet, and a long chord which bears North 16" 23' 00" East, 26.26 feet to the point of beginning of this ducript.ion. n.e above described tract contains 4,199 8QUU" feet. EXHIBIT 'C' l1X7oL DESCIUPTI -~ S&IER LINE cx:tiSTRX:TlQI rAStMNI' • .,, • l • - MAP Of EXHIBITS 'C' & 'D' SEWER LINE AND CONSTRUCTION EASEMENTS S.E. 1 /4 SECTION 8 AND S.W. 1/4 SECTION 9 , T. 5 S., R . 68 W., 6th P .M., ARAPAHOE COUNTY, COLORADO LEGEND ,.....,.-, ZS' WIDE 1'/llfMAN/INT l.-..-J SEW/Iff LINE EASEMENT r\\T\1 TEMI'OifAifY CONSTifUCTION ~EASEMENT SCAt./1: ,. 100' ... .. 1'.0 ••. 0, SnrEtt UN. IIASEMIENT CIHttf. ' • ta•to · oe• w 4 .U ' ~---EAST/llft.Y lf.O.W. SOUTH l'lATT/1 lfiVEif CHANN/lt.IMI'IfOVEMENT o•&.TA UIIIUI AltC •••••• ••• •••• ••• ,.,. , .. ... , .. , .. •••••••• ,, ... , . . ,., ..... ,. ...... ••••••• ... , ,. ,,. , .•..•. ••••••• ... ,.,. •••••••• ....... ... , .... flU ... ' ••••••• ...... ... •••••••• .. .... ,, ..•. ', . •••••••• ,,,,. f /4 , •••• t /4 , U W Ot tta '·•· I • • • ,. - BIT 'D' A p:>rtion of that parcel described in Book 2407, Page 452, as filed with the Clerk and Pe<Xlrder of Arapahoe COUnty, Q:llorado, being described as follows: Beginning at the Southeast corner of the Northeast Q.larter of the Southeast Ouarter of Sectioo 8, Township 5 South, Range 68 West of the Sixth Principal ~ridian, and ooosidering the Southerly line of said Northeast Ouarter to bear South 89° 42' 40" West, with all bearings ca1tai.ned herelil relative thereto: thence Westerly along said Southerly line, South 89" 42' 40" ~lest, 304.59 feet to the Westerly ri.ght-<>f.....,.y line of the South Platte Jtiver Olannel ~t: thence Northerly along said Westerly line, along a non-tangent curve to the left having a delta of 09• 23' 33", a radius of 1262.40 feet, an arc of 206.94 feet, and a long chord which bears North 44° 44' oo· East, 206. 7l feet to the True Fl:lint of Beginning of this descriptioo: thence continuing along said Westerly line, along a curve to the left having a delta of 19• 13' 34", a radius of 1262.40 feet, an arc of 423 .61' feet, and a long chord which bears North 30• 25' 27" East, 421.62 feet: thence departing said Westerly line, North 99• 32' 52" East, 361.07 feet to the Easterly right-<>f"""'Y line of the South Platte Jtiver Olannel ~roll'l!l'llel'lt l thence Southerly along said Easterly line along a non-tangent curve to the right having a delta of oo• 56' 20", a radius of 1602.40 feet, an arc of 26.26 feet, and a long chord which bears South 16° 23' 00" West, 26.26 feet: thence departing said Easterly line, South 99• 32' 52" West, 330.93 feet: thence along a ron-tangent curve to the right having a delta of 13• 49' 11", a radius of 1292.40 feet, an arc of 311.73 feet, and a long chord which bears South 28" 22' 32" West, 310.97 feet: thence South 53• 27' 53" West, 110.06 feet to the p:>int of beqinning of this descriptioo. The abc>lle described tract oootains 19,603 square feet. EXHIBIT 'C' ~ tESCRIPI'lal -'I'fMP(JW!\' SEWER LINE CXJiSTRJCTlal DS!M!Nl' A portion of that parcel descril::.d in Book 2407, hqe 452, a a fil.S with the Clerk and Pe<Xlrder of Arapal'oe COUnty, Q:llor~, being descril::.d u foli.OoiS: Bec]inning at the Southeaat corner of the llort.'-at O>arter of the Southeast Q>arter of Sectioo 8, Township 5 South, Range 68 at of the Sixth Principal Meridian, and considering the Southerly line of uid Northeast ().larter to bear South 89° 42' 40" West, with all bearings contained herein relative thereto: thence Westerly along uid Southerly line, South 89" 42' 40" West, 304.59 feet to the Westerly right-<>f._y line of the South Platte Jtiver Olannel ~t: thence Northerly along uid Westerly ll..ne, along a non-tangent curve to the left having a delta of 06" 40' 45", a radius of 1262 .40 f , an arc of 147.16 feet, and a long chord which bears North 46" 05' 23" Eaat, 147.08 feet to the True Fl:lint of Bee] inning of thi• descriptioo: thence continuing along uid Weaterly line, along a curve to the left having a delta of 26• lll' 13", a radiua of 1262.40 feet, an arc of 576.61 feet, and a long chord which beara rth 29• 39' 54" Eaat, 571.61 feet : thence deparUng uid Weaterly line, rth 88" 32 • 52" Ean, 353.63 feet to the Eaaterly right-of._y line of the South Platte Jtiver Olannel t: thence Southerly along uid Eaaterly llne, South 12" 50' 06" • , 4 .82 f : thence along a ~ to the nght ~ing a delta of 01• 20' 50", a radlua of 1602.40 f , an of 205.48 fee , and a long chord ch be&ra th 16" 30' 31" , 205.34 feet: tNor>ce deputlllq uid Eaaterly l I • 32' 52" Wert, 321.12 feet: u-.nc. ala19 a non-t.angent curv. r having a lta of 10• 11' 25", a rad1ua of 1302.40 fee, an of 231.64 fee, and a long chord which bears th 3o• n· os· , 2l1 .3l t , 53" 27' sl" at, 162 .31 t to point of IJV\inq ot thU ac:ril::.d t.noct oonta lJ\11 14. 119 t 1..._ I • ,. -• l • • Section 2. The Mayor and ex officio City Clerk-Treasurer are authorized to affix their signatures for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a Bill for an Ordinance on the 23rd day of November, 1983. Read by title and passed on final reading on the 5th day of December, 1983. Published by title as Ordinance No. ~~ , Series of 1983, on the 7th day of December, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ~~ , Series of 1983. Gary R. Higbe • I . ORDINANCE NO.~---- SERIES OF 1983 BY AUTHORITY • • • l COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT TITLED "JOINT RECREATION AGREEMENT" PROVIDING FOR SHARED USE OF THE ENGLEWOOD HIGH SCHOOL SWIMMING POOL. WHEREAS, pursuant to an agreement dated the 27th day of June, 1966, the City of Englewood and the Englewood School District entered into an agreement providing for the construction and operation of an indoor swimming pool to be constructed and located on Englewood School District property; and WHEREAS, the parties have operated under said agreement for a period of seventeen years; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved an agreement titled "Joint Recreation Agreement," which reads as follows: J OINT RECREATION AGREEMENT THIS AGREEMENT, mad and executed this day of , 1 98 3 , by a nd between the CITY OF ENGLEWOOD, _a __ m_u_n~i~c-irp~a-1~-c~o~r~p~o~r a t io n o r ga n i z d a nd e xist i ng pur s u a n t to th p r ovi s i on s of Art ic l XX o f t h e Co ns ti tu ti on of th e State o f Colo r a d o , her i n after called "Ci ty", a n d SCHO OL DISTRICT NO . 1 , COU NT Y OF ARA PAH OE , COLOR ADO , a quasi-municipal corporation , her inafter call d "D1s r1ct", WH REAS, both p rt r aeon of th provisions coop r ate together n h any ma n ner in which h y AS , th Ci y , 120 , or i a au hor t 1 • WIT N SSJI!TH es h reto have be n grant d author1ty, by of Colorado R vis d S atut s, 1973 , to conduc o public r ecrea ion sy em in ay agr ; and provisions of At icle u hori y o coop ra wl h ita public r cr ion • I • • • l • •' - WHEREAS, an indoor swimming pool for the use of student swimming instruction and for public use generally has been constructed and is being operated under a cooperative agreement between the parties; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, it is mutually covenanted and agreed as follows: 1. The indoor pool, building and related facilities shall be controlled and supervised by the parties hereto on a joint coopera- tive basis to provide swimming facilities for the students of the District and to provide swimming facilities for the public at large, subject to the following conditions: a. The City Manager and the Superintendent of the District shall, either personally or through their designee, from time to time, agree upon the time or times when said pool, building and facilities shall be available for student use and the t1me or times when the same shall be available for public use, provided, however, the District shall have the prior right to use of the same during the time that school is in session on the premises for Englewood Public School education training or competition team purposes. The City shall have the prior right to us the same during the days and hours when school is not in session. b. Each party hereto shall employ those supervisory personnel, such as l1feguards, which shall be employed and utilized during the times that the party shall have th pool, building s and rela d facilities at its disposal. m d. I e h al l provt d and pa y n nc reonn l to a . School eha ll aleo • • • l • .. provide maintenance during the time that the City uses the pool. Should the School not provide maintenance or said maintenance is not satisfactory, City may provide maintenance and the cost of said maintenance shall be shared by both the School and the City, Fifty Percent (50\) paid by each. e. It is agreed that either party hereto may establish such charges or fees for the use of the pool during the period that that party is in control of the same as it may, from time to time, determine and, in that event, neither party hereto shall have any resonsi- bility or obligation to account to the other party therefor. Neither party hereto shall have any interest in or claim upon any funds which may be collected by the other party hereto of whatsoever nature. Rental of the pool on an hourly basis to third parties shall be by mutual agreement of the parties hereto. The funds from rentals shall be shared equally and used in offsetting the operational costs of the pool as defined in paragraph 3.c. f. Each of the parties hereto agrees to obtain and to keep in force such hazard and liability insurance in sufficient amount to adequately protect the pool, building and related facil i ties, as well as to protect the parties from the claims of any third party, and to pay such premiums therefor as may, from time to time, be agreed upon. In the absence of such agreement, the matter shall be submitted for final determination to the committee created by paragraph 5 hereof. g. At those times when the City is operating the pool, bu i ld i ng and related facil i ties, the Di strict shall make available to that portion of the publ i c using the same so much of the present park i ng facilities pr e s e n t l y upon the realty described above and so much of ny fu tu r park i ng f acili ties as may be necessary for th parki ng of mo tor vehicles of thos e p e r s ons ua1ng th pool as m y be accomm odated upon such faciliti a. The District shall r s rve fiv (5) spac s for C ty use of the pool. It sh 11 be the r sponsibil1 y of th City to police the use of such sp c s. •· This agr ment shall terminate on D c mb r 31 , 198•. A t r 0 c mber 31 , 198 •, City shall be bill d nd pay for th actual op ra ing cos of th City 's use of th pool . 3 I • • • • • 5. Should any dispute arise between the parties or their successors involving the interpretation, construction or application of this agreement, or involving the relationship of the parties hereto in the joint operation of the recreational facilities hereby envisioned (whether specifically covered by the terms and provisions hereof or not), it is agreed that any such dispute shall be submitted, for a final and binding determination to a committe composed of three members, one member of which shall be chosen by each of the parties, with the third member being selected by the two party-chosen members. Any decision upon any such dispute shall be by majority vote and shall have the same effect as an arbitration award under the laws of the State of Colorado. 6. The pool covered by this agreement is the swimming pool located at the Englewood High School, 3800 S. Logan, Englewood, Colorado. 7. This agreement shall extend, and be binding upon, any and all successors or assigns of the parties hereto. 8. The agreement dated June 27, 1966 is hereby repealed by the mutual agreement of the parties hereto. WITNESS our hands and seals the day and year first above written. Attest: Seer tary, Board of Education Atteat: ex officio City Clerk-Tr ••urer SCHOOL DISTRICT NO. 1 ARAPAHOE COUNTY, COLORADO By -.P~r~e~s~ird~e~n~t~,-.B~o~a~r~d~~o~fr------ Education CITY OP ENGLE WOOD, COLO ADO By -.E~u~g~e~n~e~L~.~o~tTI~.-,~H~a~y~o~r~--- • I • • • l • • Section 2. That the City Council of the Cityof Englewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and on behalf of the City Council of the City of Englewood. Intr o duced , read in full, and passed on first reading on the 21st day of November, 1983 . Pu b lished as a Bill for an Ordinance on the 23 r d day of November , 1983 . Read by title and passed on final reading on the 5th day of December, 1983. Published by title as Ordinance No. , Series of 1983, on the 7th day of December, 1983. ------- 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 i s a true, accurate and complete copy of the Ordinance passed on f inal read i ng and published by title as Ord i nance No. , Series o f 1983. Gary R. Higb • ORDINANCE NO. ~ SERIES OF 1983 BY AUTHORITY • • • 1... . COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1984 AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fiscal year 1984 was duly submitted by the City Manager to the City Council before September 15, 1983; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on September 19, 1983, regular notice of the time and place of said hearing having been published within seven days after submission o f the budget, the manner provided in the Charter for the publi - cation of ordinance ; and WHEREAS, the City Coun c il adopted Res o lution o . 57 , Series of 1983, on the 2 1st day of November, 1983, said Resolution ••end i ng the 1984 proposed budg t. OW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE C ITY OF E GLEWOOD, COLORADO, AS FOLLOWS : S c tio n 1. That th e budg e t o f th C ity o f Englewood, Co lored o , fo r the f te c el year 1984, 1 1 e ubaitt d by th C ity Keneg r end du ly conei d red b y the C ity Coun c i l e ta r publ ic h e a ring en d ••en d e d b y Re s ol ut ion o . 57, Sari 1 of 1 9 3 , b end h reby 11 adopted aa th b ud et for th City of !nalewood for th flee 1 y ar 19 4. bud .,t •• •• nded end ace p t d eball r cord in tb of ic of the City Clerk op n to public in11p ction . Suf lei nt cop lee ebell b a a d av a ll b l or th u ae 0 h 1l and b publtc, th nu ab r o opt I r•ined by tb Ci t y Hanas r. • • l • .. -2- Section 3. That the health, safety and welfare of the City require that this Ordinance be passed as an emergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a bill for an ordinance 23rd day of November, 1983. Read by title and passed on final reading on the 5th day of December, 1983. Published by title as Ordinance No. 63 , Series of 1983, on the 7th day of December, 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 th above and foregoing ia a tru , accurate and coaplete copy of the Ordinance paaa d on final reading and published by titl e aa Ordinanc No. ~. Series of 1983. • I . ( ORDINANCE NO. ~ SERIES OF 1963 BY AUTHORITY • • - 1 __ COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1964 AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 6, 1956, a budget for the fiscal year 1964 was duly submitted by the City Manager to the City Council before September 15, 1963; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on September 19, 1963, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, the manner provided in the Charter for the publi- cation of ordinance; and WHEREAS, the City Council adopted Resolution No. 57, Series of 1963, on the 21st day of November, 1963, said Resolution amending the 1964 proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the budget of the City of Enslewood, Colorado, for the fiscal year 1984, as sub•itted by the City Manag r and duly consid r d by the City Council after public hearing and ••ended by •esolution No. 57, Series of 1983, be and hereby is adopted as the budg t for the City o Enslewood tor th fiscal year 1984. ection 2. That th said budaet as ••ended and ace pt d shall be a public record in the offic of the City Cler and shall be open to public inspection. u flci nt copi 1 th reo shall b •ad availabl or th us of tb City Council and th public, th nu•b r o copi s to be d ter•ined by th City Hana1 r. • -• • • -2- Section 3. That the health, safety and welfare of the City require that this Ordinance be passed as an emergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a bill for an ordinance 23rd day of November, 1983. Read by title and passed on final reading on the 5th day of December, 1983. Published by title as Ordinance No. 6c5 , Series of 1983, on the 7th day of December, 1983. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasur r of the City of Engl wood, Colorado, her by certify that th above and fore1oin1 is a true, accurat and coaplet copy of the Ordinance on final reading and publish d by title as Ordinanc , S riea of 1983. Gu y 1 . Hi a b e • • ( ORDINANCE NO. ~ SERIES OF 1983 • • • BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1984, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOL LOW S: Section 1. That ther e be and ther e hereby is appropr iate d from the reven u e der i ving fr om t a x a tion in t h e Ci ty of E ngl e woo d , Colo rado , f roa c ol lec t ion of license fees and f r o a all o t her so ur ces of revenue du ring the y ar b eginning Janua r y 1, 1 9 84 a n d nding Dece ab e r 31 , 1 9 8 4, the a a oun t s hereinafter set forth for t h e o b ject an d pu rpose specifie d an d set opposite thereto, s p ecifically sa follo wa, to wit: Gener a l Fun d Legislation and Counsel Mu nicipal Court Ada iniatratton P ub lic Works Fire Police Coaa unity Dev lopa nt Library Parka and leer ation Total Op ratt111 Tranafar o PI Total Cone ru e ttoo Ulld oj t $ 0 9 ,740 288,047 1,646,262 2,830,575 3,128,155 4,141,660 709,770 574,031 2,241,32 I 5, 6 , 5 575,00 0 • • • • -2- Water Enterprise Fund Total Water Enterprise Fund $ 3,286,282 Sewer Enterprise Fund Total Sewer Enterprise Fund 2,893,378 Golf Course Fund Total Golf Course Fund 497,433 Conservation Trust Fund Total Lottery Fund 167,000 Revenue Sharing General Fund -Public Safety 580,000 GENERAL TOTAL $2 ,022! 560 The fore oing appropriations ahall be conaidered to be appropriation• to groups within a prograa or d - parte nt within the fund indicat d bu ahall not b construed to b appropriated to line fteaa within any groupa, ev n though auch lin it •• aay be aet forth aa the adopted budget for th flacal year 1984. in the handa of th Dtr ctor of inane , or to coae into hia banda for the fiacal year 19 aay be applied on th outatanding clat aa no du or to b coa dua in the aaid fiacal y ar of 19 All unappropriated aonl a that •ay coe htnda of th Dtr ctor of Plnanc eay b ao dittribut d aeon th r her in aa th City Council ••Y d control at la provid d by la • Durin or at clot any turplut eon y tn t t r tll elaiet for p td, ea b dltt 1 a th dt cr tlon 0 any o 1983 uch l, • ( ( • • • -3- Section 6. That the health, safety and welfare of the City require that this Ordinance be passed as an emergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a bill for an ordinance on the 23rd day of November, 1983. Read by title and passed on final reading on the 5th day of December, 1983. Published by title as Ordinance No. of 1983, on the 7th day of December, 1983. Eugene L. Otis, Mayor ATTEST: , Series ex officio City Clerk-Treasurer I, Gary R. Higbe , 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 r ading and publish d by title aa Ordinance No. ___ , S riea of 1983. Ga ry a . Hi&b ee • • • ORDINANCE NO. ~ SERIES OF 1983 . . BY AUTHORITY • l • • COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1984, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1984, AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1984 and ending December 31, 1984, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows, to wit: G neral Fund L gislation and Counsel Municipal Court Administration Public Work s Fire Police Community Development Library Parka and lecreation Total Op ratina Tranafar to PIP otal Public und Conatructton of Major Capital Proj eta • $ 409,740 288,047 1,646,262 2,830,575 3,12 ,155 4,141,660 709,770 574,031 2 I 2 I I 32 15.9 • 5 575,000 1&,5 2 053 9 • • • - -2- Water Enterprise Fund Total Water Enterprise Fund $ 3,286,282 Sewer Enterprise Fund Total Sewer Enterprise Fund 2,893,378 Golf Course Fund Total Golf Course Fund 497,433 Conservation Trust Fund Total Lottery Fund 167,000 Revenue Sharing General Fund -Public Safety 580,000 GENERAL TOTAL $26,022,560 Section 2. The foregoing appropriations shall be consider d to be appropriations to groups within a prograa or de- part• nt within the fund indicated but shall not be construed to be appropriated to line it •• within any groups, ev n though such lin iteaa aay be aet forth aa the adopted budget for the fiscal year 19 4. Section 3. All aoniea in th handa of the Director of Finane , or to coae into hia hands for the fiscal year 19 aay be applied on th outatandina clai aa no du or to becoae due in the said fiscal year of 1984. All unapproprla ed aoniea that aay coa into tb banda of th Director o Plnanc durin th 1 ar 19 4 aay b ao diatributed aaon th r ap ctiv unda h rein aa th City Council aay d •• b at und r auc control •• ta provid d by la • ec ton 5. Durin& or at th any aurplua a on y a r all clat •• or 1 paid, aay b dlatrlbut d a th d1acr ion h al ap tb • -• 1.... • • -3- Section 6. That the health, safety and welfare of the City require that this Ordinance be passed as an emergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a bill for an ordinance on the 23rd day of November, 1983. Read by title and passed on final reading on the 5th day of Deceaber, 1983. Published by title as Ordinance No. of 1983, on the 7th day of Deceaber, 1983. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treaeurer , Series I, Cary R. Higbee, ex officio City Clerk-Treaaurer of th City of Engl wood, Colorado, hereby certify that the abov and foregoing 1a a true, accurate and coaplete copy of the Ordinance paeaed on final reading and publiahed by titl ae Ordinanc No. _____ , Seriee of 1983. C ar y 1.. Hi &b • •