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Home My WebLink About1982-01-04 (Regular) Meeting Agenda• • • City Council Meeting-Regular . January 4, 1982 • • • - CITY COUNCIL MEETING Jan_u~ry _4, I9_~ ----------- RESOLUTION I l, 2, 3, 4, 5, 6, ORDIN AN CE I l, 2, 3, 4, 5, 6, • 0 0 I . - I 7 :30 P.M. 1. ~~ 2 . 3 . 4. 5. ~ 6 . • • • • ~~ RE~~~A ~~~I::: OF ~ ~ THE ENGLEWOOD CITY COUNCIL . ~ ~ JANUARY 4, 1982 , .. -~ /~ ,t~ Call to order, invocation by Reverend Keith Merriman , Emmanuel United Methodist Church, 2700 South Downin g Street , pledge by Boy Scout Troop #92, and roll call . Minutes. 'F (a) Minutes of t he regular meeting of December 2 1 , 1981 . (Co pies enc losed .) Commen ts by those going off the City Council. Mayor will ask the City Cler k to read the list of eligible newly-elect d Council Memb rs who will h n 3 be s wo r n in by th Honorabl .,bert F. !(ellay .. ~"X~ ~e.~~ Honorab l e F . Kelle7 w 11 w ar in th Municipal Cour t J u dge. Members of City Council are seated (in temporary spac s) and the Mayor asks th City Clerk to call the roll of Lhe members of the City Council and the Mayor then declares a quorum pres nt. Mayor c 11 for nomin tions for Mayor and if seer t ballot is u d, the City Cl rk and th City Attorn y will count the ballots and r port th results. Mayor a sum s th Chair nd c lls for nominations for Mayor Pro Tem and if a cr t ballot is us d , th Ci y Clerk and City Attorn y will count th ballot nd r port th r sults. P rm n nt s ting s ignm nts will b giv n . • I • • • • • Page 2 January 4, 1982 Agenda 14. Token of appreciation to retiring City Council Member Betty K. Keena will be given. Recognition of the families and/or guests of the members of Council. Designation of the legal newspaper. Election of the City Council Members to various boards and commissions. Pre-Scheduled Visitors . (Please limit your presenta- tion to 10 minutes.) Other Visitors. (Please limit your presentation to 5 minutes.) 15. Public Hearing. 16 . Communications -No Action Recommended. I (a) Minutes of the Board of Career Service Commission- ers meeting of November 19, 1981. (Copies enclosed.) (b) Minutes of th Liquor License Authority meeting of December 2, 1981. (Copies enclosed.) (c) Minutes of the Public Library Board meeting of December 8, 1981. (Copies enclosed.) (d) Minutes of the Water and Sewer Board meeting of D cember 8, 1981. (Copies enclosed.) (e) Minutes of the Downtown D velopm nt Authority meeting of December 9, 1981. (Copies enclosed.) (f) (g) Memorandum from Councilman Fitzpatrick to Members of City Council concerning his attendance at the National Leagu of Cities Conf rene . (Copies nclosed.) M morandum from of City Council National Le gu enclosed .) Mayor Pro T m Bradshaw to Members concerning her attend nee at th of Cities Conf rene . (Copi s • I • - • • • • ~tt}' Page 3 _/_ -~ January 4, 1982 Agenda ~~~·~ b_·,~ Co-=ication•-Action Reco-nded . J6d.-; ~~ 17. 18. )1 Z- 19. 20. ~~ ~:r?y City Attorney . ~~~ Ordinances on Final Reading. r ~~{)" (a) Ordinance concerning vacation• of a portion o/ the alley in Block 4, Higgins South Broadway Heights, acceptance of an easement, establishing conditions for said vacation of alley . (Copies enclosed .) (b) Ordinance vacating a turning radius no longer required due to a change in alignment of Navajo Street, lying and being within the City of Engle- wood, Arapahoe County, Colorado. (Copies enclosed.) Resolutions. (c) Resolution amending the General Fund relating to the Planning Division in the Department of Community Development . (Copies enclosed .) (d) Resolution establishing annual salaries for the City Manager, City Attorney, Municipal Court Judge and Associate Judges for the calendar year 1982 . (Copies enc losed.) Other Ma t ers . (e) (f) City (a) (b) Grant of Sewer Line Easement -Gen ral Iron Works . (Copies enclosed .) Attorney's Choice.~~~ , -Vk~tj-~~ . Manager. -d.-~ ;I.C (!;_ t'.y /UC/> ~ Council Communication from the Directors of Finance and Parks and Recreation concerning the Golf Cart bid. (Copies enclosed.) Manager's Choice . General Discussion. ( ) Mayor's Choic . 6,) I • • Page 4 January 4, 1982 Agenda 21. Adjournment. ~·,4-~r ~/d-.-< RICHARD S . WANUSH Acting City Manager RSW/sb • • • I . . • • • • Moved Seconded Ayes Nay Abs t A en H1goav Neal Fltzoatrick Keena Bi lo Bradshaw Otis {Jav_J_ i;J ~ &:b-o ~--1-~ cr~"--'f3o <f)~~ JJq:L- ~" • bstain I . • • - • • ROLL CALL Moved Seconded Aye s Nay Absent Abstain Hlgday v Neal a.-- Fl tzoatri ck ,__ Keena ,_- Bi lo .....- Bradshaw v- Otis v- • I • • • • • , . • L _ ROLL CALL Koved Seconded Ayes Na y Ab sent Abstain 'HTgday Neal v Fitzpatrick - Keena -,_ Bilo ~ Bradshaw Otis - /c::L. I . • • • - • • '--- ROLL CALL Hoved Seconded Ayes Na Ab y sen t Absta in Hlqday Neal Fl tzoatrlck Keena Bllo Bradsh- Ot i s I . • • • - • • l -- ROLL CALL 14oved d d Secon e Ayes Nay Absent Abstain HlqCay Neal Fltzoatrlck Keena Bi lo Bradsh- Otis • • I . • • • -• • • ROLL CALL Moved Seconded Ay es Nay Absent H 1'Ci!laV y Neal 1.-- Fi tzoatrick ....- \ol(' i ~ l v- Bi lo ,__ Bradshaw J...- Otis y- . ~--------------------------~ • Abstain ----- I . • - • • ROLL CALL Mov e d Seconded Ayes Na y Absent Abstain v Higday Neal Fitzpatrick Weist / Bi lo _j_ Brad shaw _l Otis \ I . • • • • • RO LL CA LL Moved Seconded Ayes Nay Absent Abstain y Higday \ Neal I v Fi tzoatrick I Weist I Bi lo I Br a d sh aw Otis 1 I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Ti!laav Neal Fitzoatrick Weist Bi lo Bradshaw Otis • • • • • - • • ROLL CALL Moved Seconded Ayes Na y Absen t Abstain "~~ Neal Fi q_Q_atrick We i st Bi l o Brad s ha w Ot i s I . • • • , . • ROLL CALL Moved Seconded -Ayes Nay Absent Abstain 1-Htodav 1-Nea l 1-Fi tzoatrick -Weist i.-Bi lo -Bradshaw ~ I Oti s I &to /().$ {)ft-~ WLj .;-~ ~Cfo~~~ ~'CO -~ t dt-t cltv I . a1..L ,__./ 7 \ ,_[ A.t.u~ <.-~ • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain _I!~~ Nea_!_ Flt~atrick Weist Bi lo Bradshaw Otis ~loif '-it '< ~ ,t~-,U<..JUu / ;_ fL ,F I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Nea_! Fitzpatrick Weist Bi lo Bradshaw Otis ~ 7,'5S'r1~ /0 ~~/~m I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n Higday v Neal //" Fitzoatrick ....- Weist ~ Bi lo -Bradshaw ......- Otis v--- I • • • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain Higday \ _1/"' Neal J Fit~atrick I Weist Bi lo v--Bradshaw Otis \._ II. I . • • • • • ROLL CALL Mov ed Seconded Ayes Nay Absent Ab s t a in Hlgday Neal Fitzpatrick Wei s t Bi lo Bradshaw Otis /d.. £-()/)I+ ~ rf ltul r:~ ()?H- &to ;:f~ cpA U)J-S /1foJ-~~ (J c~-;< ~ ffo~ .Sd-CJ~ ~ ~ v~ ~ I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday -Neal Fitzpatrick Weist -Bi lo Bradshaw ~ Otis - • • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Higday ' Neal I ......... Fitzoatrick I Weist I Bi lo 7 Bradshaw f Otis \ "'-- • • I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab sta i n Hlgday \ -Neal \ Fitzpatrick 1 Weist I Bi lo 7 --Bradshaw I Otis \ I . • • • - • • ROLL CALL Moved Seconded A~ Nay Absent Abstain Hi qday Nea l -Fit zoatri c k Weis t Bi lo -Brad s haw I Ot is I I • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n !1_1_9Clay "\. -Neal 1 Fitzpatrick I Weist I -Bi lo I Bradshaw I Otis l \ I . • • • - • .. • ROLL CALL Moved Seconded A~ Nay Absent Abstain Hlgday JJ,,ii( Neal 1 Fitzpatrick I Weist 7 v Bi lo I v Bradshaw 7 Otis I l • I . • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stain iilildav Neal Fitznatrick Weist Bi lo Bradshaw Otis • • • • - • ,. • ROLL CALL Moved Seconded A~s Nay Absent Ab stain Higday Neal .__ Fltzoatrick Weist I Bi lo I Bradshaw Otis • • I . • • • • • ROLL CALL Moved Seconded Ay~s Nay Absent Abstain I 1 I Higday I l I Neal I v---Fi tzoat rick I Weist Bi lo T v Bradshaw \ Otis I • • • • • • , . • ROLL CALL Moved Seconded A yes Nay Absent Abstain igday I NeaT 1 &7 Fitzoatrick I Weist Bi lo c--Bradshaw I I Otis I I I • • • • • - • • ROLL CALL Moved Seconded Aye s Na y Absent Abstain Hiqday Neal Fi tzoat rick Weist --Bi lo -Bradshaw -Oti s - !fA- • • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HiQday Neal -Fitzpatrick Weist Bi To --Bradshaw Otis - Jf b I . • • - • • ROLL CAL L Moved Seconded Ayes Nay Ab sent Ab s t a i n -Higday \ Neal I Fi tzoatrick j Weist I Bi lo I -Brad s haw I Oti s \ ' I • • • • • - • • ROLL CALL Moved Seconded Aye s Na y Ab sent Ab stain ' Hiqdav Neal v Fitzoatrick Weist I Bi lo v Bradshaw I Otis '\... /~ J: ,.. l' :J .~ ~) . J (J ' r"' 5 ' I ? Jf c I. )-) I I ( ~ / !_; ( (1 r 7 • ., ) .;))./,• <41...) ~ , ) _, ~ ./ ,1 .j v ) J ,.t( ) I /) (/ (; y I • J v_/ / • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ......... Neal ' L/' Fltzoatrick I Weist I Bi lo I v Bradshaw { Otis \ \. /(' c)£_ I • • • • • • , . • ROLL CALL Moved Seconded sta1n Ayes Nay Absent Ab · igday Neal Fi tzoatrick Weist Bi lo Bradshaw Oti s - I . • • • • • , . • Ay~ Na y Absent Ab stain Hiqdav I Neal I Fitzoatrick I Wei st I L Bi lo I v-Bradshaw 17 Otis II \.. I . • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Ab stain Higd ay NeaT Fitzoatri ck Weist Bi lo Bradshaw Otis I • • • - • , . • ROLL CALL Moved Seconded A:t.;s Nay Absent Ab s t ain ---~lqCiay Neal 1 \ 1 I I Fitzpatrick I Wei s t I Bi lo -Bradshaw I I Otis cff-O b ~ cr: 3 en ~'--"' ~ (J ~u flu ? <--<---Ju,_ A?-~ V(',-,_~c c ~ v~ I • • • • ROLL CALL Moved Seconded sta1n Ayes Nay Absent Ab · HiQdav Neal Fitzoatrick Wei st --Bi lo Bradshaw Otis fl !A c:J!J b Off f::'-1 ;!is~~ &~ ~ (JVf% u ~ c;rLpo ~ _t rv d I . • • - • • .. . " ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fitzoatrick Wei st Bi lo Bradshaw Otis I . • - • State of Colorado County of Arapahoe City of Englewood ) ) ) ) ) • • • I J 0 A T H J I, Louis Parkinson, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Colorado, and the Charter and Ordinances of the City of Englewood; and that I will, to the best of my ability , faithfully perform the duties of the office of tlunicipal Court Judge during my continuance therein, so help me God . ~ ~cipal'-J.-u-d7g_e __ _ Subscribed and sworn to before me this 4th of January, 1982 . • I . - • State of Colorado County of Arapahoe City of Englewood ) ) ) ) ) • • • 0 A T II I, Robert Weis t, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Colorado , and the Charter and Ordinances of the City of Englewood; and that I will, to the best of my ability, faithfully perform the duties of the office of Councilman, District IV, during my continuance therein, so help me God . DisL r icL I V Subscribed and sworn to before me this 4th day of January , 198 2 . I . - • • State of Colorado County of Arapahoe City o[ Englewood ) ) ) ) ) • • • 0 A T H I, Joseph Bilo, do solemnly swear that I will support the Constitution of the United 5tates, the Constitution of the State of Colorado, and the Charter and Ordinances of the City of Englewood; and that I will , to the best of my ability, faithfully perform the duties of the office of Council Hemb r At Large, during my continuance therein, so help me God . Subscribed and s worn to before me this 4th day of January, 1982 . • I • • State of Colorado County of Arapahoe City of Englewood • • • 0 A T H I, John Neal, do solemnly swear that I will support t he Constitution of the United States, the Constitution of the State of Colorado, and the Charter and Ordinan ces of the City of Englewood ; and that I will, to the best of my ability, faithfully perform the duties of the office of Councilman, District II, during my continuance therein, so help me God . Subscrib d nd s worn to b 1982 . • 4th day of Janu ry, I • • --- FROM: CITY OF ENGLEWOOD 3400 So. Elati St. Englewood, Co . 80110 Note • • • (tY --------------------------------------------------AGENDA ITEM 3. wood , Arapahoe ember 21, 1981, ~CIL MEMBERS_ District II-John Neal, 2885 S. Corona District IV-Robert Weist, 4550 S. Inca At-Large -Joseph Bilo, 4095 S. Jason ting to order. Francis Kappas , The pledge of n a call of the Bradshaw , Otis. Municipal Judge -Louis Parkinson, 590 Pennwood Circle .ck, Keena. * * * * • * • Mana ger Wanus h DeWitt nance/ex officio Treasurer Higbee .erk Watkins PP ROVE THE MINUTES Council Member Bilo 1, the vote resulted Neal, Bilo. trick K n • ri d. I • • - • FROM: CITY OF ENGLEWOOD 3400 So. Elati St. Englewood, Co. 80110 Note AGENDA ITEM 3. 1 -/-f (.. COUNCIL MEMBERS District II-John Neal, 2885 S. Corona District IV-Robert Weist, 4550 S. Inca At-Large -Joseph Bilo, 4095 S. Jason • • • Municipal Judge -Louis Parkinson, 590 Pennwood Circle • 0 0 • I • • - REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 21 , 1981 I()J The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 21, 198 1 , at 7 :30 p.m. Mayor Otis, presiding, called the meeting to o rd e r. The invocation was given by Reverend Francis Kappas , Church of All Souls, 4950 South Logan Street. The pledge of allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of t he roll, the following were present: Council Members Higday, Neal, Bilo, Br a dshaw, Otis. Absent : Council Members Fitzpatrick , Keen a. The Mayor declared a quorum present. * * * * * * Also present were : Assistant City Manager Wanush City Atto r ney DeWitt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkin * * * * * * COU NCIL MEMB ER BRADSHAW MOV ED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF DECE MB ER 7, 1981. Council Member Bilo seconded the motion. Upon a call of the roll, th vot r sulted as follows: Ayes : N ys: Absent : Council Members Higday, Neal, Bilo, Brad h w Otis. Non • Council M mbers Fitzp trick K na. Th Mayor decl r d th motion carri d. * * * * * * I • • December 21, 1981 Page 2 • • • COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 7C -AN ORDINANCE RELATING TO THE CAREER SERVICE SYSTEM. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Higday, Neal, Bilo, Bradshaw, Otis, None. Council Members Fitzpatrick , Keena. The Mayor declared the motion carried. Pre-scheduled visitor, John Criswell, atto rney r e pr e - senting the Englewood Police Benefit Association , was pre s e n t an d discussed the ordinance. Mr. Criswell stated he sp oke with Ben Craig, attorney for the Career Service Board. Mr . Cr iswell stated he had the letter written by Mike Smith with res pect to the au- thority of the Board to mod i fy discipline i mp osed by the admini- stration. Mr. Criswell stated there wer e tw o issu s abou wh ich he was concerned. The f i rst being the au thority of th Bodrd , what authority it should have and what autho r ity i has und r h City Charter. Mr. Criswell stated e ver y city and almo private employer with collec t ive barga i ning a g r n a hav chosen disinterested agenc y fo r the pur pos of r v i~ d nary actions of the administration. Mr. Cris w 11 ta d agency is suppose to hear bo th sides and be abl o rend ment in cases on whether o r not there i s c a u s e degree and type of discip lin e i mposed. Mr. Criswell stat ed t he s e c ond point was wh th r or the Board should be vested wi th the a uth ority to int rpret th ter and t he ordinance s . Mr . Cr i sw e ll s tated in d erminin~ a ri appeal, a g r ievanc e o r d i s ciplinar y a ppeal, the Bo rd ha to hav t h e authority t o interpret the rules under which th y ar op rat- ing . Mr. Cr iswell argued the Board can not mak d ci ion b a d upon some innate, intrinsic id of juatic , and th ard can not make a decision by n ordinance adopted by Council unl a it ha the authority to interpr t wh t the ordin nc m ns. Mr. Cr iswell stat d a practical consider tion is give the Board the authority to ct o n e mploy matters in-hous r th r than go to th xp ns and tim of li ig tion in district court for r solution. Council M mb r N 1 sk d Hr. Crt w 11 1 h had r ad or discuss d ny of the opinion from Mr. Craig or Hr. D Wit r - garding th qu ation of in rpr ting v rsua f ctu in th or- dinanc , • I • • December 21, 1981 Page 3 • • • Mr. Criswell stated he had spoken with Mr. Craig; and they both were in basic agreement upon the two points raised. Mr. Criswell stated he was aware of Mike Smith's letter. Council Member Neal stated it was his understanding from Mr. Craig's comments that the present language of the Char- ter and the ordinance gave the Career Service Board the ability to, in some fashion, interpret the ordinances with which they would be dealing. Mr. Criswell stated he was in agreement. Mr. Criswell stated the issue that Mr. Smith addressed in his letter was whether Council had the freedom to give the Board the authority to inter- pret and whether or not the Charter gives the Council the freedom to vest with the Board the authority to determine whether there is just cause for a particular type of discipline. Mr. Criswell stated he and Mr. Craig concluded that the present Charter provisions, contrary to what Mr. Smith sa i d in h i s letter, did give the Council the ability to give authority to the Board t o interpre t ordinances and the Charter ; and to fit th e di s - c ipl i ne to the c ause or the degree to the employ e e's acti o ns. May o r Otis asked if there were any other visitors wish- ing to apeak on this subj ect. Mayor Otis noted pre-scheduled v i s i - tor Mike Gruninger chose not speak on this sam e matt e r. ORDINAN CE NO. 80 SE RIES OF 1 9 81 BY AUTHORITY COUNC IL BI LL NO. 8 9 INTROD UC ED BY COU NCI L MEMB ER HIGD AY AN OR DI NAN CE ADO PT ING REV IS ION TO TH E ENG LEWOOD MU NICIPAL CO DE OF 1969 AS AM ENDED, REI.ATIN G TO TH E CAREER SE RVICE SYSTEM OF THE CITY OF ENGLEWOO D, TI TLE V AN D REP EA LI NG CU RR ENT TITLE V, EXCLUDING TITLE V, CHAPTE R 9 . COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL ILL NO. 89, SE IES OF 1981, ON FI NA L READING. Council H mb r Bradshaw sec- ond d th motion. Council st ted it wa important to not or th r cord th to int rpr t wa inh r nt; and it w not n c sa cific provision in th ordin nc a . M mb r N al stat d th bill coot in d th modi- ying ri ht or duty is pr a rv d for th Board. Th rom Hr. Gruning r in r rd to including prob - und r th Car r S rvic Sya m ia no curr ntly • I • December 21, 1981 Page 4 • • • in the ordinance as proposed. Mr. Neal stated the third item was merit appeal. Mr. Neal stated it was decided the current language was sufficient to indicate the starting point for the five days in which to see the Employee Relations Director and that was the time at which the employee knew or should have known of the action taken. Upon a call of the roll, the vote on the motion to pass Council Bill No. 89, Series of 1981, on final reading re- sulted as follows: Ayes: Council Members Higday, Neal, Bilo, Bradshaw. Nays: Council Member Mayor Otis. Absent : Council Members Fitzpatrick, Keena. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO ENTER INTO THE RECORD OF THIS MEETING THE FOLLOWING STATEMENT RELATING TO COUNCIL BILL NO. 89, SERIES OF 1981 : "THE CAREER SERVICE BOARD'S AUTHORITY TO INTERPRET IS INHERENT AND DOES NOT NEED A SEPARATE DEFINITION". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal , Bilo, Bradshaw, Otis. Nays : None. Absent : Council Members Fi tzpatrick, Keena. Th e May or declared the motion carried . * * * * * * Mayor Otis a s ked if th re w re any other vi itora t this tim wishing to addre s s Council. Bob Brundage, 4140 South Huron, appe red before Council. Mr. Br undage extend d h is gr titude to Co uncil for passing Council Bill No . 8 9, as nearly a clos s the Bo ard has reque ted. Mr. Br un dage hoped for renewed relationshi p s . * * * * * * • I • • - • • • - December 21, 1981 Page 5 7 :55 p.m. were : There were no other visitors at this time. * * * * * * Council Member Fitzpatrick entered the meeting at * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) (g) Minutes of the Planning and Zoning Commission meeting of November 4 and 17, 1981. Minutes of the Board of Adjustment and Appeals meeting of November 12, 1981. Minutes of the Urban Renewal Authority mee t - ing of November 18, 1981. Minutes of the Denver Regional Co uncil of Governments meeting of November 18 , 1981. Minutes of the Housing Author ity meet ing of November 18 , 1981. Memorandum from Mayor Otis concerning his attendance at the National Le ague of Cities Conference in Detroit, Michigan. Memorandum from the Mun icipal Co urt Judge concerning the Act ivity Rep orts for October and November, 1981. COUNCIL MEMB ER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SG. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : N ys : Absent : Council M mbers Higday, Nea l, Fitzpatrick, Silo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared th motion carried. * * * * * * • I • • • December 21, 1981 Page 6 • • • Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of December 10, 1981, containing a recommendation to approve the fees and charges for the Golf Course . COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUT ES OF THE PARKS AND RECREATION COMMISSION OF DECEMBER 10, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Higday, Neal, Fitzpatric , Bilo, Bradshaw, Otis. None. Council Member Keena. The May or declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7J -RESOLUTION CONCERNING FEES AND CHARGES FOR THE GOLF COURSE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absen t : Council Members Higday, Nea l, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Keena. The May or declar d the motion carried . RESOLU TIO N NO. 57 SERIES OF 1981 A RESOLUTION ESTA BLIS HING FEES AND CHARG S FOR THE ENGLEWOOD MUNICI- PAL GOLF COURSE. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTIO NO. 57, SERIES OF 1981. Council Member Bi1o aecond d th mo1ton. Upon call of th roll, th vot r ault d as follows : Ay a : Naya : Abe nt: Council M mb ra Higday, N 1, Fitzp trick , Bilo , Br dahaw, Otia. Non • Council H mb r K n • Th Mayor d cl r d th motion c rrt d. * • * * * • I • • December 21, 1981 Page 7 ORDINANCE NO. 81 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 84 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1982 AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BIL L NO. 84, SERIES OF 1981, 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, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. ORDINANCE NO. 82 SERIES OF 1 981 * * * * * * BY AUTHORITY COUN CIL BILL NO. 85 I NTRODU CED BY COU NCIL MEMB ER NEAL AN ORD I NAN CE APPRO PRI ATING MON IE S FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLE WOOD, COLO RADO , I N THE FISC AL YEAR BEGINNING J ANU AR Y 1, 1982 AND ENDI NG DECEMB ER 31, 1982, CONSTITUTING WHAT IS TERMED THE AN NUAL APPROP RIATIO N BILL FOR THE FISCAL YEAR 19 2, AN D DECLARING AN EMERGENCY . COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1981, ON FINAL READING. Council Memb r Bradshaw s c- ond d th motion. Upon a c 11 of the roll, th vot r sulted 1 follows : Ayes : Nays : Abe nt : Council M mb rs Higday, N 1, Fitzp trick, Bilo, Br dshaw, Otis. None. Council M mb r K ena. Th yor d cl r d th motion c rri d. • * * • * * • I . • • December 21, 1981 Page 8 ORDINANCE NO. 83 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 91 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE ENTERING INTO OF A CONTRACT FOR A SELF-INSURANCE POOL. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 91, SERIES OF 1981, ON FINAL READING. Council Member Higday seconded the motion. Council Member Higday spoke against the bill. Hr. Higday stated the timing was inappropriate ~iven what the in - surance market is today. Also , Mr. Higday stated the service could possibly be inferior . Council Member Bradshaw spoke in favor. Ms. Bradshaw stated the timing was good if the City is going to be a part of a self-insurance pool. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Higday. Council Member Keena. The Mayor declared the motion carried. COUNCIL MEMBER NEA L MOVED TO INSTRUCT THE DIRECTOR OF FINANCE TO CONTINUE TH RO UGH 1982 THE CU RR ENT OR A SUITABLE SUBSTI- TUTE FOR THE CURRENT ERRORS & OMISSIONS INSURANCE THAT THE COUN CIL HAS. Council H mber Hl.gday second d th motion. Upon a c al l o th roll, th vot r aulted as follows : Ay Council M mbera Higday, Neal, Fitzpatric k, Bilo, Br dshaw, Otis. Nays : Non • Abe nt : Council M mber K n • Th Mayor d clar d th motion carri d. * * * * * * • I • • - December 21, 1981 Page 9 ORDINANCE NO. SERIES OF 1981-- BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 95 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ACCEPTANCE OF AN EASE- MENT, ESTABLISHING CONDITIONS FOR SAID VACATION OF ALLEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 95, SERIES OF 1981, ON FIRST READING. Council Member Neal seconded the motion. Council Member Neal asked if the builder could substi- tute another plan from what was proposed at first based on condi- tions for which he requested the vacation. City Attorney DeWitt stated the language was discre- tional in that the Mayor could refuse to grant the vacation assuming the discretion would be used to require the builder to build what was in the original planned development. If the builder makes a change, Community Development Department will notify the City Attorney's office immediately for review. A substantial change would require Council's approval. City Attorney DeWitt dissuaded using stipulative langu- age for every vacation request. Mr. DeWitt stated in some vaca- tion requests, such language is not warranted. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : The Mayor ORDINANC NO. SERIES OF 1981 Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw , Otis. None. Council Member Keena, declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 94 INTRODUCED BY COUNCIL MEMB ER FITZPATRICK • I • • December 21, 1981 Page 10 A BILL FOR • • • AN ORDINANCE VACATING A TURNING RADIUS NO LONGER REQUIRED DUE TO A CHANGE IN ALIGNMENT OF NAVAJO STREET, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 94, SERIES OF 1981, ON FIRST 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, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion c arried. * * * * * * City Attorney DeWit t stated the b i l l co r recting an agree- ment of 1969 acquiring right-of-way f o r City of En glewood water utility providing property owner wi th a cc e s s over Englewoo d pro- perty has not been completed. His off i ce was s till working with the pro perty own e r. RESOL UTI ON NO. 5 8 SE RIES OF 19 8 1 * * * * * * A RESOLUTIO N AM ENDING THE 1982 GENERAL FUND BUDGET AND AUTHORIZ- I NG THE 1982 ENGLEWOOD URB AN RENEWAL AUTHORITY BUDGET. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOL UTION NO. 58, SERIES OF 1981. Council M mb r Higday second d he mo- tion. Upon call of th roll, th vot r sulted as ollow : Ayes : Nays : Abs nt : Council M mb rs Higday, N al, Fitzpatrick, Bilo, Bradsh w, Otis. None. Council M mb r K na. Th yor d clar d th motion c rri d. • * * * * * • I . - • December 21, 1981 Page 11 RESOLUTION NO. 59 SERIES OF 1981 • • • A RESOLUTION APPROVING SUBDIVISION PLAT FOR NAVAJO STREET IN- DUSTRIAL PARK, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 59, SERIES OF l981. Council Member Bradshaw seconded the mot ion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo , Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. RESOLUTION NO. 60 SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE CO NTRAC T WITH LO RE TTA B. HUFFINE PRO- VIDING SERVICES AS ASSISTANT CITY ATTORNEY FOR 1982 . COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 60, SERIES OF 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council M mber K na. The Mayor declared the motion carried. RESOLUTION NO. 61 SERIES OF 1981 * * * * * * A RESOLUTION APPROVING CONTRACT WITH CHARLES C. CRIMM AS ASSISTANT CITY ATTORN Y • • I . • - • December 21, 1981 Page 12 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 61, SERIES OF 1981. 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, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. RESOLUTION NO. 62 SERIES OF 1981 * * * * * * A RESOLUTION ADOPTING PLAN TO ELIMINATE POTENTIAL FLOODING FROM A 100-YEAR FLOOD ON LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD, STATE OF COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1981. Council Member Higday seconded t he motion. Upon a call of the roll, the vote resulted as f o llows : Ayes : Nays : Absent : Council Memb e rs Higd a y, Nea l, Fitz pa tr i c k, Bilo, Brad s haw, Ot i s. None. Council Mem ber Kee na . Th e Mayor de c l a red the motion carried. RESOLUTIO N NO. 63 SE RIES OF 1981 * * * * * * A RESOLUTIO N AUT HOR IZI NG PU RCHASE OF REAL PROPERTY. (3455 South Br oadw ay) COU NCIL MEMB ER BILO MOVED TO PASS R SOLUTION NO. 63, SE RIES OF 19 81 . Cou n ci l H mb r Hi d y 1 cond d th otion. Upon a call of t h ro ll , t h vot reeult d •• follow1 : Ay 1 : Co un cil H mb ra Hi day, N 1, Fitzp trick, Bi lo, Brad1haw, Otis • • I • December 21, 1981 Page 13 Nays: Absent : • • • None. Council Member Keena. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the order of dismissal in the matter of the people vs. Guy Scott Hagerty. * * * * * * City Attorney DeWitt discussed the summons of Rocky Mountain Acquisitions, Inc. vs. the City of Englewood et al. concerning the adult book store on South Broadway. Mr. DeWitt asked permission to defend the City in this matter. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE MATTER OF ROCKY MOUNTAIN AC- QUISITIONS, INC. VS. THE CITY OF ENGLEWOOD ET AL. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. RESOLUTION NO. 64 SERIES OF 1981 * * * * * * A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a c ll of the roll, the vote resulted s follows : Ay s : Nays : Council M mbers Higday, N l, Fitzpatrick, Bilo, Bradshaw, Otis. Non • • I • • • December 21 , 1981 Page 14 Absent : • • • Council Member Keena. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a Council Communi- cation concerning a recommendation to enter into a contract to analyze the gas and electric bills. Mr. Wanush stated there have been dis- cussions with United Utility Research, the firm that would analyze all of the City's rate structures. The fee would be approximately $10,500 plus 50~ of any money recovered from Public Service Company. Mr. Wanush stated this fee would be recouped from future months' sav- ings in utility bills. COUNCIL MEMBER BRADSHAW MOVED TO ENTER INTO A CONTRACT WITH UNITED UTILITY RESEARCH, INC. TO ANALYZE THE CITY'S GAS AND ELECTRIC BILLS. Council Member Fitzpatrick seconded the motion. Discussion ensued concerning who would incur court costs if the City had to go to court for recovery of overcharges, if there was anyone at the City capable of performing the analysis, and if Public Service could perform the audit instead of United Utility Research, Inc. Assistant City Manager Wanush stated the City would bear the court co sts. There was no one on City staff with the exper- tise to do the analysis. Further, he did not know if Public Ser- vice offered this type of service. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE RECOMMENDA- TION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent : Council Members Higday, Fitzpatrick, Bilo, Bradshaw. Council Members N 1, Otis. Council Member K ena. The Mayor declared the moti on carried, RESOLUTION NO. 65 SERIES OF 1981 * * * * * * A RESOLUTION AMENDING THE REVENUE SHARING FUND 1982 BUDGET • I • • December 21, 1981 Page 15 • • .. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 65, SERIES OF 1981. 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 , Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the Colorado Intergovernmental Risk Sharing Agency, Property Liability Pooling Program. Mr. Wanush referred to Council Bill No. 91, Series of 1981, approving the City enter- i ng into the pool program. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning staffing for Downtown Development and Ur- ban Renewal projects. Mr. Wanush stated the proposed staffing would be one Economic Development Planner and one Planning Techni- cian. Mr. Wanush stated staf f wou ld need additional office space and that recommendation would come at a later date. Council Member Bradshaw left the meeting at 8:40 p.m. COUNCIL MEMBER NEAL MOVED TO APPROVE THE STAFFING FOR COMMUNITY DEVELOPMENT AS REQUIRED BY THE DOWNTOWN DEVELOPMENT PRO- JECT. Council Member Higday seconded the motion. Upon a call of th roll, the vote resulted as follows : Ayes : Nays : Absent : Council M mb rs Higday, Bilo, Oti • None. al, Fitzpatrick, Council M mbers Bradshaw, K na. The Mayor d cl r d th motion carri d. Council M mb r Bradahaw r -nt r d th m ting at 8 :45 p.m. • • • • • * I • - • December 21, 1981 Page 16 • • • Assistant City Manager tWeen presented a Council Com- munication concerning a contract for sludge management services at the Bi-City Plant. Mr. Wanush recommended approving and award- ing the contract to ENERCO Environmental, Inc. COUNCIL MEMBER BILO MOVED TO APPROVE AND AWARD THE CON- TRACT FOR SLUDGE MANAGEMENT SERVICES TO ENERCO ENVIRONMENTAL, INC. IN AN ESTIMATED AMOUNT OF $450,000. 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, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. * * * * * * Council Member Fitzpatrick expressed appreciation to staff, to Council and to the Police Department for their help under a very tramatic experience this evening. * * * * * * No further business was discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. ~ . ·r~ Mayor Otis adjourned the meeting at ~ p.m. I • • - - • • • ,. • OOARD OF CAREER SERVICE CDdMISSIQ.~ NOVEMBER 19, 1981 MINUI'ES lo PRESENI': Jo Ellen Turner, Janet Kerzic, Robert Brundage, IX>nald Weber hi3SENI': Catherine PokraJ<a fillERS PRESENI': Michael Groninger, Firefighter ****** Cha.inmn Weber called the rreeting to order. Coomissioner Brundaj,"e rooved, seconded by Commissioner Kerzic, to approve the October 15, 1981 minutes. AYES : 'furner. Kerzic. Brundage . Weber NAYS : None . * * * * * * Item three on the Agenda was the Drployee Associations Oloice. There were no representatives present Iran either the Th1)loyccs Association or the fulice Benefit Association. Mike Groninger. Firefighter, asked to briefly review the proposed ordinance changes with the Career Service Board after the close of the rreeting. ****** Item four on the Agenda was the Ccmnissiooers• Oloice . 1be Ccmnissiooers bri fly discussed the pending ordinan visions pertaining to the Career Service System. * * * • • • 1bere ing no !urth r busin befo W r adjourned the regular t ded by Ccmni ioner Kerzic. Career rvice Board. Cha.inmn tion b}' ion r 13nmdag • • tary • I • • -• • • LIQUOR LICENSE AUTHORITY MINUTES December 2, 1981 The meeting was called to order at 7:30p .m. by Chairperson, Donald Styes. 16 8 MEMBERS PRESENT : Donald Styes, Lloyd Bryan, Fran Cosby, Ronald Blanchard, Rona 1 d Lunders MEMBERS ABSENT: ALSO PRESENT : None Charlie Grimm, Assistant City Attorney Erfc Johannfsson, Revenue Chief Brenda Jarre tt, Recording Secretary * * * The Authority received an application from Walgreen Company , dba Wag's Restaurant, 701 West Hampden, Englewood, Colorado, for a 3.2 Beer , on premises, li cen s e . Representing Wag's was Victor Quinn, a Denver attorney . MR. 8RYAN MOVED, AND HS. COSBY SECONDED, TO SET A PUBLIC HEARING DATE FOR JANUARY 20, 1982, TO CONSIDER A 3.2 BEER APPLICATI ON, WITH TH E AREA TO BE SURV EYED aoRDERED ON THE NORTH 8Y YALE, ON THE SOUTH BY QUINC Y, ON THE EAST 8Y LOGAN AND ON THE WEST 8Y PLATTE RIVER DRIVE. AYES : NAYS : The motion carried. Donald Styes, Lloyd Bryan, Fran Cosby, Ronald Blanchard, Ronald Lunders None • • • A change of ownership app lication wa s rec e i ved of Thorob r ed Liq uors, 5050 South Federal . New owner, J oe Clar k, 6609 S. Fo resthill, Li t tl eton, Colo ra do, told the Author ity he wa s buying the establishment fr om his mother. MR . LU NDERS MOV ED, AND MR . BRYAN SECONDED, TO APPROVE CHANGE OF OWN ERSHIP FOR THOROB RED LIQU OR S. AYES: NAYS: The motion carried. Donald Styes, lloyd Bryan, Fran Cosby, Ronald Blan~h a rd, Ronald Lunders None * • * Th e Authority r ece ived a n applica tion for a cha nge in corporate structure and ren ewa l for Bell eview Bow l-o-Mat loung e , 4900 South Fede ral, Englewood, Color ado. The ch a ng e of corpora t e structure involves Pr esident Rob erta L. Davfs, Vice -Preside nt Allan J. Chesnut, and Secretary/Treasurer Clay Wildey . • • I • • December 2, 1981 page 2 - • • • MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO APPROVE THE CHANGES IN CORPORATE STRUCTURE AND RENE~ FOR BELLEVIEW BOWL-O~T LOUNGE, 4900 SOUTH FEDERAL BLVD., ENGL EWOOO, COlORADO. AYES: NAYS: The motion carried. Donald Styes, Lloyd Bryan, Fran Cosby, Ronald Blanchard, Ronald Lunders None * * * MS . COSBY MOVED, AND MR . BRYAN SECONDED, TO APPROVE THE FOLLOWING RENEWALS: Englewood Liquor Store 3434 S. lrCMidwy Retail Liquor Store expires 2/ZO/BZ Southwind Restaurant 2796 S. BrCMidwly Hotel/Restaurant expires 2/1/82 HaMpden West 3517 S. Elati St. Hotel/Restaurant expires 2/1/82 Le Rendezvous Cafe 701 W. HaJRpden Hotel/Restaurant expires 1/22/82 Sizzler Steak House 5151 S. Broadwy Hotel/Restaurant expires Z/3/82 AYES : HAYS : The motion carried. Albertson 's 5175 S. Broadway 3.2 Bee r Off Pr ises exp ires 2/17/82 Donald Styes, Lloyd Bryan, Fran Cosby, Ronald Bl nchard, Ronald Lunders None * * * HR. &RYAN MOVED, AND MR. LUNDERS SECONDED, TO RETAIN DONALD STYES AS CHAIRPERSON FOR ANOTHER YEAR. AYES: NAYS: ABSTAIN: The motion carried • Lloyd Bryan, Fran Cosby, Ronald Blanchard, Ronald Lunders None Donald Styes • , I . - • • December 2, 1981 page 3 - • • • There being no further business to discuss, the meeting was adjourned at 8:00 p.m. /bj • I • • • • • MI NUTES ENGL EWOOD PUBLIC LIBRARY ADVISORY BOARD December 8, 1981 The regular meeting of the Library Advisory Board was called to order by Chairman Morarie at 7:30p.m. PRESENT: ABS ENT : ALSO PRES ENT : Howard Morarie, Bruce Hogue, Marietta Brown, Bob Currie, Joe Rathburn, Jerry Valde s , Kay Van Valkenburg, Dorothy Wheelehan No r m Ke r s wi ll ~I rs . Bru ce Hogu e Sharon Wi nkle, Director of Libraries Do nn a Gottberg, Recording Secretary Roll call was taken and a quorum dec lared pre s ent . Chairman ~lorar ie asked for the Di rector's Report. 1 ~I s. Wi nk l e a s ked the Board to c ons i der the recommended a mendment to "Policies Regarding Circulat i on Services". A motion wa s made to acc ept s u c h r ec omm e nd a t ion by Mr . Currie and seconded by Ms . Van Valkenburg. Motion carr ied. Ms. Winkle reported on the progress made to ne gotiate an agreement wi th Denver Public Library (DPL ) for an ex change of serv ices betwe e n Engl ewood Publ ic Library and Denv e r Publ ic Li brary . I n her me et i ng on Mo nd ay, December 7 wi th Mr. Shearou s e a nd ~lr . Le Free sever a l o pt i ons wer e discu ssed (copy of o ptions given to Board membe rs). Ms. Wi nkl e ha s s ugg est ed a count er-pro posal (copy also given to Board member s). Af t e r a discussion of the option s, a mo t io n wns made by lr . Curri e to pu rsu e the Circu l a t ion a nd Wa lk -in Refer e nce Services at Centra l lo- cation. Seconded by Mr. Rathburn . ~lo t ion carried. The City Council will want a recommenda t ion on serv ice to Denver residen ts in January. The Board has set a tentative date of January 5, 1982 at :30 p.m. for a special meeting on this topic. The main question being "llow will we de- fine the community the Library serves". The st ti tics reg rd1ng reference serv1ce to Denver residents during the week of ovember 16, 19 1 were distributed to~e Board and arc attached to the Minute Ms . inkle would l1ke to dev lop n inform 1 exchang e reference service with Swedish Medical Libr ry. It would be a trade of services. The Board agreed that she should pursue this ervice. City Council for one more m in libr ry y ar to pres n of the 1983 Bud ion , nd decided to keep Dune n S ation op n v1ew t budg t time 1n 1982. The budg t t th cted. Further studies will b m de during th coming e pic ur o th St tion' fun tion dunn di cu 10n t . on lnued ..... • , u I • • • • • -2- As information: Council approved contracts with Arapahoe Regional Library Di s trict and Central Colorado Library System. American Library Association is having its mid-winter meeting January 24-27 at Currigan Hall and we have requested exhibit badges for Board members. The Book Sale was held November 14 . Income was slightly over $1,000.00 The excess books were donated to the Disabled Veterans . A motion was made by ~Is . Wheelehan that we donate $50.00 to the scout troop for their help with the Book Sale. Seconded by Mr. Ra thburn. Motion carried. Ms. Winkle s tated that the Library would like to purc hase a 3Smm camera from the Donor's fund. The Board approved. The Bookmobile driver, who has been on military leave for almost a year now, ha s been terminated. The Mayor's Tree Lighting Party is Friday, December 11 at 6:45p.m . Libra ry per- sonnel will be in charge of organizing the refreshments . Cost of the refres hment s is paid from the Library Board fund. Chairman's Choice Mr. Morar ie noted the joint Board meeting planned for January 12, 198 2 . Some suggestions for topics are: Denver Public Library situation, Computer Circulation System, Aurora's new facility. A time of 7-8 :30 p.m. is being s ugge s ted for th e joint meeting with our regular meeting taking place in the same fac i lity, if permissible, from 8:30-9:30 p.m. A map will be circulated before the meeting a nd some member s expressed a desire to car pool . ~1r. ~1orar ie not ed he will resign his posit ion at the end of his t e rm (February 1, 1982 ). Memb er's Choice Mr. Currie re eived phone call from a gentleman from the illa Public Library asking about 1deas for formi ng a "Friend s" group. There was brief discussion on the Suggestion Book Summary for ovember. Large wtthdrawal are still being made p r the Statistical Report, but the "w cding" program 15 now on "hold" until the record-keeping and paperwork is caught up. The tinutes from th 'ovcmber 10, 1981 meeting wer approved by mot1on by 1r. Hogue nd se ond d by Is. Brown with an addition to the effect that th "fr Access to Librari s for Minor s " wi 11 be attached to and included in the "Lngl e - wood Publ1c Library Gutdelines" a per the i ntent of the Board at an earli r m et1ng. Mot ion carried. ~1e ting adjourn d at :SO p.m. 1.!-10-1 dg • I • • • • - ENGLEWOOD MAIN LIBRARY AND BOOJ<I.10BILE REFERENCE SURVEY Week of November 16, 1981 In-HOUSE 'fELEPHONE BJ<I.1 TOT. % ARAP. REG. 11 8 54 73 12% DENVER 12 14 30 56 9·• ENGLEWOOD 95 36 290 421 67 % JEFFCO 11 4 15 2% LITTLETON 4 2 11 17 3% DOUGLAS 2 2 0% OTHER/DON'T KNOW 19 10 29 5% OUT OF STATE 1 11 12 2°6 m 8s 387 625 IN !lOUSE Arap. Reg. 11 796 Denver 12 8% Englewood 95 62% Jeff co 11 7% Littleton 4 3% Other/Don't Know 19 12% Out of State 1 1% TELEPHONE Arap. Reg . 8 9% Denver 14 16% Englewood 36 42% Jeff co 4 5\ Littleton 2 2\ Other/Don't now 10 12 \ Out of State 11 13 \ BOOKMOBIL E Arap. Reg. 54 14 \ Denver 30 8\ Englewood 290 75\ Douglas 2 1\ Littleton 11 3\ I • • u -23-81 da • - Arap. Reg. Aurora Denver Englewood Jeff co Littleton Other/Don't Know Il -24-1 da • • • • ENGLEWOOD MAIN LIBRARY AND BOO~IDBILE SURVEY OF SERVICES Week of November 16, 1981 IN-HOUSE TELEPHONE BKM TOT. 7 8 -4----r9 3 2 1 6 5 7 8 20 43 25 126 194 3 I 4 6 2 9 23 6 29 ---go 51 140 28'1 IN-HOUSE Arap. Reg. 7 8 \ Aurora 3 3 \ Denver 5 6 \ Englewood 43 48 \ Jeff co 3 3\ Littleton 6 7\ Other 23 26\ TELEPHONE Arap . Reg. 8 16\ urora 2 4 % Denver 7 14 \ Englewood 25 49 \ Jeff co I 2\ Littleton 2 4 \ Other 6 1 2\ BOOKMOBILE rap. Reg. 4 3\ urora I 1\ Denver 8 6\ Englewood 126 90\ Littleton I 1\ % -7% 2% 7% 69% 1% 3% 1 o~. I • • • • • - ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 So. Sherman-Englewood, CO 80110 16 1 ... Wednesday, December 9 , 1981 MINUTES Board Members Present: Bush, Coleman, Gasson Holthaus, Kaufman, Maxwell, Neal, Owens, Pendleton, Robohm Board Members Absent: Mausolf Staff Present: Haviland, Simpson Guest s & Visitors: Gordon Close, dba/Englewood; Susan Powers, Director of Community Development, City of Englewood Board Chairman Holthaus called the regular meeting to order at 12:10 P.M. Hr. Robohm moved that the Minutes of the regular meeting of November 18, 1981 be ap- proved as distributed. Seconded by Mrs. Owens. The motion was carried by a voice vote. The bills for payment were presented to the Board. Hr. Kaufman moved that all bills be paid as presented. Seconded by Hr. Pendleton. The motion was carried by a voice vote. Mrs. Holthaus suggested that Hr. Haviland continue attending the dba/Englewood m etings . Hr. Coleman proposed that should Hr. Haviland be unable to attend that he call someone else. Hr. Close stated that everyone would be more than welcome to attend t heir board meetings. It was not d that the closing date for the property located at 3470 South Bro dway will be Dec mb r 15, 1981 at 3 :00 P.M. in the offices of Hr. Steve Wright located st 633 17th, Suite 2300, Denver, CO. Hr. Coleman and Mr s . Holthaus will repre ent the Englewood Down- town D v lopment Authority at the closing. It was not d that a fire on November 15, 1981 destroy d the building at 3455 South Broad- w y. Th t nants of th building were Mueller's Discount W stern War and th S cond Tim Store, a thrift shop op r t d by the Junior League of D v r. Th Downtown Dev lop- m nt Plan shows this location as p d strian walk-through from Broadway to A oma Str t. Pr liminary talks r sch duled with the owner; it wa s also not d that oth r p r ti s h v spok n with the own r cone rning the sale of this 1 nd. X mo hav b n pr par d for th Ci y Council r gar ing th futur bilit l a of th l'rl,an P n wal Authority nd th P.n l od Down to Aft r this w rk s a ion on Dtc b r 9, 1 81 th roles should b Th Bo rd xpr aa d c nc rn ov r th att ndance r cord of K n uaol that Mrs. Holthaus contact him nd inquire as to the r • ona Cor r c nt • nd r pone!- Auth,rit d. It d I • • - rag.t: J.wv Regular Board Meeting Minutes December 9, 1981 .. • • • The dba/Englewood has formed a welcoming committee to greet all new businesses. Those pers~ns who will be greeting the new buisinesses will be Susan Powers, Mike Haviland and one bQardmember from the dba/Englewood. The final hearing on the sign code to Planning and Zoning will be January 19, 1982. There being no further business to discuss the meeting was adjourned at 1:20 P.M. • I . • • • • rtt r MEMORANDUM TO: Members of City Council FROM: Tom Fit zpatrick, Council Member DATE : December 23, 1981 SUBJ ECT: NATIONAL LEAGUE OF CITIES REPORT This year at the ational League of Cities we made a co n ce rt ed effort to limit ourselves to a more in depth s tudy of subjects, rather than cover too many. The main conferences I attended that were a dire c t concern of our city were Revenue Bond and Crime. Revenue Bonds Mary ewhauser -Iowa City, I owa -The Ci t y Council should set the policy for ravenue bonds and i t should be for a public purpose. In Iowa City the project limitations are set by the Urban Renewal Authority . Working with the URA they have a Design Review Commi tt ee which makes recommendations to the Coun ci l. The Cou n cil has the authority of final approval. As to their outlook on industrial revenue bonds, there is a limit of not to exceed 5% of the asses se d valuation of the c ity. Special emphasis is given t o tho se who go be y ond the maximum requirements of the city. Tom Warke -Grand Rap ids , Mi c hi gan -Impact at the national level. The lo s of revenue by sale of bonds, particularly TRB to the fed er al government is cau ing some real alarm in Wa s hington, D. C. They estimate the los ses are n ow running into he billions figure. Some of the th i ng s city officials should consider is: 1. The size of the co rporati on or business. 2. Would the investmen t have taken place regardles of the bonds. 3. Redirect c pital inve tment by making bond t e empt nd others not . 4. Should the federal overnment give the t break and then h ve the local government say who will receive it. Some federal restrictions are already in the mill. Look for th m next year , 198 2 . orne of the things the federal go rnment i thinking bout are: 1. L1mit to the IZe of he corporation. (In ent origin lly to help m 11 busi ne sse .) 2. Busines e w1th good cre dibility. 3. R directing in e tment in certain geogr phi 4. Growing itie ver us he older or tagn n S. F voring di tre d cities over pro p rou • I • • • • • Page 2 National League of Cities Report The point was stressed that if you want the federal go vernment to regulate, y ou give up independence. Louis Demars -St. Paul, Minnesota -How to make mone y with bon d s. They established a Port Authority -under the Port Author i t y , was set up a c ommon bond reserve system. One year debt se rv ice of the bonds went into a reserve system, along with the fe e for issuance of the bonds. This money was invested and reinve s ted so that at the present time they have a sizable account on han d. Three of the several prospects they sponsored have defau l t e d. Th ese buildings were in turn refurbished and sold at a prof i t. Mr. Dem ar s disputed the federal government's loss on bond s by the fact that money is picked by increased productivity. He also que s tioned as to whether or not the bonds being purchased by non -t a xa ble organizations were figured into the total amount s old. Strategie s for Dealing with Juvenile Crime . J oan Heusler -Public Safety Before creating another agency, ~ok around and make us e of all t he agencies you have within your city. Youth organi z ation s , c hu r c h es , charitable organizations and the likes. Bring them all to gether a nd then set up your program. By cooperation and c ommun ic at io n y ou c a n accomplish a great deal without the need of a dd i ti onal b uil di n gs , people and equipment. Crime prevention i s pr o pos e d for th e pu rp ose of s topp i ng the c r i minal before he or s he be c omes c rim i na ls . I n the sc ho o l s th ey hav e programs t o work wi t h the unruly , alcholic and dru g users. e up a c ommittee t o work with t hem. These are the kin d of young people y ou want t o get i nt o th e crime p r evention pro - gr am. We need volunt e er po l ice a n d fire men to wo r k with t hese youngster . Ge them involve d and keep a good press release going on all youth program for the e n tire city. Tom Jame -Denver, Colorado A program has been set up in Denver which deal with those youn peopl who have commi ted six or more crimes of non -violent na ure. It costs$23,000 per year to lock a person up, so a pro r m by Mr. James was tar ed. It included the soci 1 and acad mic n eds a well a a realistic approach to the problem. Find them a job. ontact the family and give family therapy. It 1 o requires int ns~ve super- vision of their schoolin g. Th e program requires six months intensive counseling an d six mo nth s fol l ow-u p . One suggestion which really stayed with me was -Res t i t u t io n r t her tha n incarceration. I believe many of our co urt s t od y n eed to li te n to this. lli nee to fi ht cr~me. Mayor Jackson -tlanta, Geor ia -For ~ng Too m ny people nd even some police o icer urn th 1r b c on crime. If you stop person a heir firs crim you h ve top ed • I • • • • Page 3 National League of Cities Report the making of a criminal. We need to utilize every available organization in the city. Churches, schools, businesses, charity organizations, workers, anyone who reside s or even works in the city needs to get involved. Some of the programs that were instituted in Atlanta are -Citizen Alert, Business Watch, Shoplifting Prevention, Chevron USA, DCI (Domestic Crime Inter- vention), Neighborhood Watch, to name a few. But none of these will work if you do not have representative that you can contact and do so on a weekly or monthly basis. Use every means available to advertise your programs. Posters on street corners, benches, any place that is visible to the eye and make use of the rad io , TV and newspapers. It has to be an ongoing thing and you must keep up the personal contacts. It has reduced the crime in Atlanta. Chief of Police Hart -Detroit, Michigan Chief Hart served on the Federal Task Force on Violent Crime. Their findings are not new. Drugs have become the main cause of crime . The heroin addict is the most violent. Addicts are repeat offenders. We must get everyone involved to get rid of drugs. We must first get the drugs off the street. The best way to accomplish this is t o stop it from coming into this country. The federal government must he initia tive i n doing this. We must have the authority t o u repeat offe nders. We need to amend or do away with the r 1 • (Exa mple, we had a warrant for a search of heroin, in- ~e fond cocaine. I t was ruled an i llegal confiscation.) av he protec t ion th a t the repeat offenders ha ve . We definitely need o have he court give the sa me r ig ht s to the ictim as the do o he ri 1nal . It will take a ch nge of federal law and action in order ccompli h this and o i t becomes veryone' responsibili y. Mr. hatt1c , Execu ive Director, ACLU Mr. Shattick, although he s id element many people think, favor of locking up the rep favor of mending or repealing wa an infringement of right pas ed and in his opinion i wa His suggestions were: he was not a lobbyist for the criminal anted only j u. tice. lie was not 1n offender before trial, nor w he in the exclusionary law. II tated th1 He did want o see he hand gun 1 w an inju tice to have hi budget cut . 1. r to h v more rrests, th n we should ha pe d in z. r o nnel in pTi on 3. comp n a t ion for th victlm pri on 0 vic im 4. in 11 court (I . ) 5. 0 IIU h tor tion • I • - • • • • Page 4 National League of Cities Report I did enjoy attending the NLC conference. Perhaps because we followed through on only 2 or 3 topics, rather than many . Thank you for the opportunity of allowing me to be one of the City's :;;.7i.ti~e glad to get home. Tom Fitz ~k Council Member District I, Englewood pc • I • • • • • /l.t 1r TO: Mayor and Members of the City Council FROM: Mayor Pro Tern Bradshaw DATE: December 29, 1981 SUBJECT: NLC Conference -Detroit, Michigan, November 28 to December 2, 1981 Labor Relations Advisory Committee Meetings on November 28 and 29, 1981 The first session on Saturday dealt with an overview of the restraints placed on the public employer. Collective bargaining, equal employment, and federal laws directly impact the employer and management rights on the local level. Federally mandated pay levels are causing additional strain on already tight budgets. The right of municipal employees to strike increases the stres s for management, and cities are asked to set up contingency plans to provide services to citizens. The other issue addressed by the panalists was consolidation of different city services into one department using one staff to administer general programs e.g. Public Safety. The panel discussion in the second session advocated more use of volunteers in the police and fire departments to reduce the cost of full time employees. The overall theme was that employees should not bear the brunt of tight bud gets, but rather should be more productive to insure continued employment. "Give them a piece of the action," was the common theme of all panelists. Product i vity should be the c riteria on any budget trimming on the local lev 1. Self-insuranc programs, like the ones we have in Englewood, can reduce staf f costs considerably. Th afternoon sess i on on Saturday consisted of a question period and p r ob1 m solving. The major f ocus was to set up a Labor-Manag ment Committ in ach d e part men t within each area in the c ity to fa c ilitate communicat i on year round and not just "a c r oss the table" at negotiations. Thea committe a should b et up on a basis of mutual r spect and trust and no on on the committe should b mpow red to take an authoritativ rol • Me tin s should be a m ximum 1~ hours with 45 minutes tak n from th work day and 45 minutes taken aft r hours. e •• 4:15 to 5:45. Prior to s ttin up a Labor-Manag nt Committ , an orient tion hould b held for all peraonn 1 to a t up perimeters and purposes and clarify roles nd xpect tiona. mb rship on ach committe hould b op n to all 1 v ls of p rsonn 1 and not just d part nt head a nd mana r s. An 1 ction should b h ld in each d part n t to et up mb r s hip on th 1Q-12 mb r committ ea, 4 of th a positions should be fix d e. S r ants nd Li utenants. I really thin this t p of Co it will only e succ saful if th r outc:.o 1 a r 1 tt could work v ry well in is no sabotaa on eith r aid . • ood , but Positive I • • • • • Page 2 Mayor and Members of City Council December 29, 1981 1. Improve qualities of grievances •. 2. Can reduce problematic hitches in contracts. 3. Improves communication in total staff. 4. Takes the heat off negotiations. 5. Gives employees a piece of the action. 6. Shows employees worth as individuals. Labor Relations Advisory Committee Meeting A few general comments were given by one new director, Frank Forbes, and the acronym was changed from SPEER to PEERS during the past year. There was no poli cy statement at this time from the committee, but we were briefed on several maj o r issues affecting municipalities. Here is a summary of those issues: 1. Labor Protective Agreements in Mass Transit-Section 13(c). Recipients of federal transit assistance are required to sign a one paragraph labor protection warranty as a condition of the federal grant . This warranty needs to be addressed by Congress and the intent clarified. 2. Mandatory Retirement Ages The Age Discrimination in Employment Act prohibits discrimination agains t persons 4o-70 years of age-in all aspects of employment. Involuntary retirement must be related to a ~na _!ide .Qccupational _g_ualification. Federal courts all over the country are currently upholding the con- stitutionality of the ADEA and the only anticipated change is th age of 70 on the upper end o f the scale. 3. Comparable Worth "Ei:jual pay for work of comparable worth" i a ma jo r is u with AFS CME (Am e ri c a n F d ration of Stat and County Muni cipal Employ ). Thi 4. 5. 6. i su h b n 1 beled th civil right s issu of th O's . W n d to a ddre this issue in Englewood and mak e sure w are i n pli nee wi th f d t"al regulatio ns t o pr v n t h inh r nt "land o( 1 auits . about any P or to lo ulati o n w r 1 au d i n Au u t , 1 LC . Th a t ima t d co ta aav i n o thel $6 70 milli o n to all mplo ra. • nd w t" r v iaion f r a l in cnnd 1- ocial th atat IUP!)Ort d would I • • • • • Page 3 Mayor and Members of City Council Decemb e r 29, 1981 7. EEO vs Seniority for Layoffs Current Civil Rignts and Equal Opportunity overlapping and dupli c ation cause an administrative headache for local employers. Hop e fully, th e situation will be settled in Congress otherwise it will be muddied more in various court decisions nationwide. In two lawsuits - Youngblood vs Dalzell and Brown vs Neeb, the courts reached opposite conclusions based on similar facts and conditions. 8. TEAL CASE-Connecticut This case has the potential to throw out all testing for public j obs. The issue is being raised that one component in a tes t c an of fset t he score even if the results were valid. This co uld r e q uire munic i pa l iti es to administering totally job related tes ts and und e rmine a f f irma tiv action. The Clean Air Act The general t heme was "keep our air from ge tting dirtier." The standa rds set in 19 68 are just beginning to become enforc ed. This type of bureaucratic red t a ~in g has c reated serious health hazards in many o f our urban a r eas . Congress s ho uld e s tab l i sh n ew Partic ulate Co ntro ls in Mar ch because o ve r 50% of our smog c omes from auto emissions . The 1981 cars meet the following r equire men ts: 3.4 grams carbon monoxide, 4.1 grams hydrocarbons, and 1 gram nitroge n oxide. The auto industry is pushing Congress to go back to the 1980 standa rds of 7 grams c arbon monoxide, 8 grams hydro c arbon s , and 2 grams ni t r o gen o xide . They claim that industrial pollution is the r ea l cause o f smog and t ha t the 1981 sp cs are too c ostlY t o maintain. apening Genera l Se ss ion Pre iden t Hu d nut ' pe ch urg d muni c ipal i tie a nd local officials to help people r is abov narrow self i n t re t a nd emb r ace a lar ge r vision . Local go rn- ment will hav to beco mor r e pon ible to th n d of th citizens without depending on federal progra to t thos n d • As 1 ader , w must lead our peopl toward a ae e of valu s that will bind u "together in civic lif th t c n withatand the corrosiv auault of self inter at, gr d, and indiffer nc ." A With th d cr a in fed ral funds , cit! s must pl y a mor th "qu litv of life" th ir r sid nt njoy . Su bstandard housing conditions hav a domino ff ct on a community. Th s probl h valu prop nd "qu lity ot lif " in th ar a of cri , ~lovm a, sal • and us t x, and a sthetics. Citi a n ed to off rty ow and r iden ta to maintain their neishborhoods rly or d • ctiv rol in and living dir ct or ht I • • - • Page 4 Mayor and Members of City Council December 29, 1981 Using the Private Sector for City Services • • • Municipalities that are tightening the b udget b elts and wanting quality control are using sub-contracting to perform services previously done by full time staff. Nationally 60-70% of the cities that contract services are under 50,000 population. Larger, full time staffs for smaller cities aren't cost effective. Staff reductions can be made over a long period of time using transfers and attrition. The major advantages to contracting services are: 1. Competition, 2. Contract monitoring, 3 . Labor relations -not a union buster , and 4 . Effective service. The major disadvantages are: 1. Legal-check current contracts, 2. International unions are moving into the public sector, e.g. Denver-AFSCME, J. Local unions must be informed as to reason and rationale, and 4. Bidding efficiency. Areas usually contracted are streets, paving, sanitation, park maintenance, and recreation staff. Police and fire protection in remote areas are als o con- tracted oul as well as animal control, ambulan ce s~ices and social services. Mor e Federal Block Grants: Are You Prepared? Catagorical gr nts have grown from 40 in 1960 to 492 in the 1970's . Every grant has num rous strings attac h d including con ing ncy on fed rally mandated pro rams. Currently th f deral gov rnment i s a temptin to reduce th numb rs of grants and th ir regulations. Instead of local gov rn nts showing account- bility to Washin ton , thev will b ask d to show the sa amount of account bility to the state. Th r d tap will not be reduc d that mush at th on t. More cuts to th block grant programa ar anticipated in th eligibility r gulations. Th s d c r as swill add addition 1 d p nd ncy on loc 1 gov rn nt au idv ap cially on low inco and ADC. So nci will h v to cloa at th nd of this fi cal year putting n r burd n on loc 1 id to oth r ajlenci s. Th in'ltial int r st of block grant wa s: l. To 2 . To to xp rienc th quality of 11 J. sur to nabl p opl to tand on th ir Thia int nt will continu wi h th f d ral sov rn nt fo using ain on n ti n 1 laau and th at L sov rn nt tocu ing on th atat '• r ponaibilit1 nd th loc 1 ov rn nt foe ina on local con rna, proar and iaau a • • I • • - • Page 5 Mayor and Members of City Council December 29, 1981 Conclusion • • • I would like to thank the Council (and the staff for their super assistance) for giving me the opportunity to attend the conference. I hope the ideas expressed in this report will be contemplated and some of them implemented to allow our City to capitalize on the experiences and innovative programs in other parts of this country. Si ncerely, ~·tb~..-- BEVERLY J. BRADSHAW Mayor Pro Tem BJB/sb . --------------------------~• I . - • • • • WATER AND SEWER BOARD December 8, 1981 Regular Meeting The meeting was called to order at 5:02 by Stewart Fonda Members present: Members absent : Gibson, Best, Feamster, Fitzpatrick, Higday, Otis, Giseburt, Fullerton None I. MOTION FOR SUPPLEMENT #92, SOUTHGATE SANITATION DISTRICT . John Vierthaler of Banta, Hoyt, Malone & Banta was present (filling in for Kent Teal). Mr. Vierthaler reviewed this project for the Board . The request is for an inclusion of approximately ten acres to the Southgate Sanitation District. Present zoning anticipates an office park development with a total daytime occupancy of 2,500 people. Inclusion of this land does not increase the number of taps allocated to Southgate. Mr. Fullerton moved; : v _) . Ms Feamster seconded; That the City Council approve the annexation of the property described in Supplement #92 to the Southgate Sanitation District. Ayes: Nays : Motion carried. Gibson, Best, Feamster, Fitzpatrick, Higday, Otis, Giseburt, Fullerton one II. PROPOSALS BY EMKAY DEVELOPMENT CORP. Two letters from EHKay Developnent Corp. are attached to these minutes. One letter proposes an exchange of certain parcels of land located at the western boundary of the City's land at McLellan Reservoir and the eastern boundary of the SouthPark development prop osed by EM ay. Parcels of land are proposed for exchange which will even out the jagged boundary that now ex1sts. In total, an equal amount of land will be given and received by each party. Mr. Best mov d; Mr. G1s burt seconded; That the City Council approv the land xch nge proposed by EM a D v lopm nt Corp., and dir ct the City Attorney to prep re docum nts n cessary o complet the exchange . • I • • - • Ayes: Nays: Motion carried . • • • Gibs on, Best, Feamster, Fitzpatrick, Higday, Otis, Giseburt, Fullerton None The second letter requests that Englewood approve certain minor cuts and fills on Englewood property that will facilitate construction of a road in the SouthPark Development. The letter indicates that EMKay will restore vegetation in the areas affected and will construct a security fence along the entire boundary between SouthPark Development and Mclellan Reservoir property. Mr . Best moved; Mr. Fitzpatrick seconded; Ayes: Nays : Motion carried. That the City Council approve EMKay's proposal to cut and fill on Englewood 's property provided they restore vegetation and install a six foot chain link fence with three strands of barbed wire on top of the fence. Gibso n, Best, Feamster, Fitzpatrick, Higday, Otis, Giseburt, Ful lerton None III. CONSOLIDATION OF SEWER DISTRICTS. There was a general discussion about methods of consolidating some of the nineteen sewer districts served by Englewood . Stewart Fonda indicated that this should be co nsidered concurrently with the drafting of the master sewer service contract. It is anticipated that Mr. Fonda will meet with the City Attorney in January to draft the master contract. Meeting adjourned at 6:04 p.m. Next Water and Sewer Board Meeting will be held on January 12, 1982, 5 p.m. Respectufully submitted, Cat~ge~ Recording Secretary • I • • • • • I C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Supp 1 ement #92 Southgate Sanitation Distri cy AGENDA ITEM SUBJECT Decelllber 18,1981 INITIATED IY ----------~S~~t~~~a~t~e_S~a~n~i~u~t~i_o~n~D~i~s~tr~i~c~t __________________ __ ACTION PROPOSED, ______ ~Ap~p~~ __ ve __ a_nne __ x_a_ti_o_n_o_f __ a_dd_i_t_io_n~o_f_l_a_oo __ i_n_to __ S_ou_t_h~g_at_e __ __ • Sanitation service area. INTRODUCTION : A request was .. de by the Southgate Sanitation District representing the owners/developer for annexation to the Southgate service area . BACKGROUND INFORMATION : a . Suppleaent #92 is for an area of approximately 10 acres and is zoned for •ixed use . The developer plans to construct an office park develo~t with a total daytime occupancy of 2,500 people wfth 361 open spa ce . b . LE GA L: All of Tr act 35 of "A Su bd ivision of Section 21 ", Township 5 Sou t h, Range 67 We st of Sfxth P.M., Ara pa hoe County Located on the sout hwe st corner of East Caley Ave . aoo South Wa bash Stree t . c. OWN ER : Paul Aden DEVELOPER : John Ha dd en Co . FI NANC IAL DETAILS : No ne • • I . • -• • • --------·---------------------------- • REC(MENOATION: That the City Council approve the annexation of the property described in SuppleMent #92 to the Southgate Sanitation District . • I • • • • • C 0 U N C I L C 0 M M U N I C A T I D N 1----------------~---------.--------------------------- SUBJECT Land Exchange with EMKay Development on Mclellan Reservoir DATEDec. 18, 1981 AGENDA ITEM 1 --------------------~--------------L-~c~:,o~'nt~uou~rqP.r . _ INITIATED BY --~~~~~y~D~e~ve~l~O~PN~n~t~--------------------------------- ACTION PROPOSED __ ~A~p~pro~v~e_l~·~~~e~x~c~h·~~~e~o~n~we~s~t~e~rn~b~o~uM~a~ry~o~f~~~.L~e ~ll~a~n~---- Reservoir with EMKay Develo~nt INUOOUCTII* A request for an even land excha~e was received by EMKay Oevelopement for the purpose of evenf~ o~t the contiguous boundary. BACKGROUND INFORMATION : See Ex hi bit A 1 ttached for IIIIP of proposed ex c ha~e. Amount of 1 and involved would be approxf .. tely 1 acre, located on the western boundary of the City 's land at Mclellan Reservoir and the eastern boundary of the SouthPark develo~nt . FINANCIAL DET AILS: No ne, since thfs is an eve n excha~e. no ap praisa l would be needed. REC <JKN OATION : That the Cfty Council approve the land excha~e proposed by EMKay Develop!llent Corp ., and direct the City Attorney to prepare documents nec essary to co.plete the exchange. • I . . - • • • • LEGAL DESCRIPTION PARCEL A Ref: 298-3708 November 11, 1981 A parcel of land located in the Southeast one-quarter of Section 32, Township 5 South, Rani• 81 West of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado beine more particularly described u follows: Commencine at the South one-quartw corner of Section 32, Township 5 South, Kane• II Weat from whenc:e the Southeut comer of said Section 32 bears s11• 54'01"1• clstance ol 2141.14 feet, 'Mtenoe NH• 32'04"1 alone the wut Una of the Southeast one-quarter of said Section 32 a dbtance of 111.11 feet to the Morthweat Comer of the Southwest o~uart• ol the Southwut one-quart• ot the Southeast one-quarter of said Section 32, abo beinc the T.llUB POINT OP BEGINNING; Thence eontlnuine Moo• 32'04"B alone said west line of the Southeast one-quarter of said Section 32 a clstance ol 11.14 feet; Thence SsT• 03'01"E a clstanee ol 128.11 feet to a point on the north line of the Southwell one~uarter of the Southwest one-quarter of the Southeast one-quarter of said Section 32; Thence Mat• 51'211"W alone said north line of the Southwest one-quarter of the Southwell o~uartw of the Southeall on~uarter of said Section 32 a distance of lOT.lt feet to the TllUE POIMT OF BEGIMMING, containinc 0.085 acres (3890 ~uare feet), more ar Ie•. • • I • • • • • .. • LEGAL DESCRIP1'JON PARCEL 8 Ref: 298-3708 November 11, 1981 A parcel of land located In the Southeast on~uarter of Section 32, Township 5 South, Rance II Welt of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado beinc more particularly described as follows: Commencirw at the South on~uartw eornw or Section 32, Township 5 South, Jtanc• &I W•t froca whence the Southeut comer of said Section 32 bears sat• 54'01"1 a clatance ol 2141.04 feet, Thence Not• 32'04"B a.ao.. the well Une of the Southeast one-quarter of said S.Ctlon 32 a ctt.tance of 110.11 f .. t to the Northwest Comer of the Southwest one-quart• ol the Southwell one-quart• of the Southeast one-quarter of said Section u, Thence sat• 51'20"E alOfW the north Une of the Southwest one-quarter of the Southw .. one-quart• of the Southealt one-quarter of said Section 32 a distance of 10'1.11 feet to the TllUE POINT OF BEGINNING; Thence continuirw sat• 51'20"1 alarw the north line ot the Southwest one-quarter ol the Southwell one-quart• of the Southeast one-quarter of said Section 32 a cliatance of 222.11 feet to the Northealt Cornw of the West one-hall of the Southwelt one-quart• of the Southwell one-quarter of the Southeast on~uarter of said Seetion SZ, Thence so.-31'4S"W alOftl the ... line ol the West one-hall of the Southwest one-quart• of the Soutflwelt one-quarter of the Southeast one-quarter of said Seetlon u a cliatanoe ollU.H f"tJ Thenoe NST• OS'OrW a 6tance of 214.11 feet to the TRUE POINT OF BIGINNDfG, contaJnlrw 0.311 acra (15110 1quare feet), more or le-. I . • - • • • • LEGAL DESCRIPTION PARCEL C Ref: 298-3708 November 11, 1981 A parcel of land located in the Southeast one-quarter of Section 32, Township 5 South, Rance II Welt of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado beinc more particularly described as follows: Commencinc at the South one-quarter corner of Section 32, Township 5 South, Rance II Wat from whenee the Southeast comer or said Section 32 bears sat• 54'00"1 a clatance ol 2141.04 feet; Thence Not• u•o4"1 al~ the welt line of the Southeast one-quarter of said Seetion 32 a distance of 111.11 feet to the Northwest Comer of the Southwest one-quarter ol the Southwell one-quartw of the Southeast one-quarter or said Section 31J Thence sa•• 51'20"! alone the north line of the Southwest one-quarter or the Southwell one-quartw of the Southeut on~uarter of said Section 32 a distance of 330.0T feet to the Northeut Cornw of the West one-halt of the Southwest one- quarter of the Southwell one-quarter or the Southeast one-quarter or said Section 32J Thence soo• Sl'45"W alone the eut line of the Welt one-half of the Southwest one~uartw of the Southwell one-quarter of the Southeast on~uarter or said Seetion 32 a clatance ol143.31 feet to the TllUE POINT OF BEGINNING; Thence SST" 03'01"1 a dlatance ol 344. T2 feet to a point on the north line of the Southeall one-quartw of the Southwest one-quarter of the Southwest on~uarter of the Southeut one-quarter of said Section 32; Thence Mil" S5'11"W a1on8 the ncrth line of the Southeut o~uarter of the Southwell ~er of the Southwell one-quarter of the Southeall one-quarter of said Seetion 32 a clatance ot 211.11 feet to the Northwest Corner of the Southeall one-quarter ol the Southwell on~artw or the Southwest one-quarter of the Southeut one-q...,.ter ot aid Section llr Thence MOl" 31'45"1 alon8 the eat line ol the Welt one-half of the Southwest one-quarter of the Southwell one-quarter of the Southeast on~uarter of said Seetion 32 a clatanee of liT.It feet to the TKUE POINT OF BEGINNING, eontainq O.IIS aere1 (2T220 equare feet), more or Ie•. • I . • • - LEGAL DESCRIPTION PARCEL 0 Ref: 298-3708 November 11, 1981 A parcel or land located in the Southeast one-quarter or Section 32, Township 5 South, Ranie 61 West or the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State or Colorado beinc more particularly described as follows: Commencinc at the South one-quarter corner of Section 32, Township 5 South, Ranre Sl West from whence the Southeast corner of said Section 32 bears sn• 54'00"! a distance or 2641.04 feet; Thence Sll• 54'00"E alone the south line or the Southeast one-quarter or said Section 32 a distance or 990.39 feet to the Southeast Corner of the South one-half of the Southwest one-quarter of the Southeast one-quarter of the Southwest one- quarter of the Southeast one-quarter or said Section 32; Thence Noo• 31'05"£ alone the east line or the South one-half of the Southwest one-quarter or the Southeast one-quarter or the Southwest one-quarter of the Southeast one-quarter or said Section 32 a distance of 165.33 to the Northeast Corner or the South one-half or the Southwest one-quarter of the Southeast one- quarter or the Southwest one-quarter or the Southeast one-quarter or said Section 32; Thence Nil• 54'35"W alone the north line of the South one-half or the Southwest one-quarter of the Southeast one-quarter or the Southwest one-quarter or the Southeut one-quartw of said Section 32 fJ distance or 330.11 feet to the Morthwut Comer of the South one-half or the Southwest one-quarter or the Southealt one-quarter of the Southwest one-quarter or the Southeast one-quarter of aid Seetlon 32; Thence MOt• 31'25"! alone the ealt line or the Southeast one-quarter or the Southwell one-quart .. of the Southwest one-quarter or the Southeast one-quarter of Mid Seetlon 32 a dlstanee ot 140.14 feet to the TRUE POINT OF BEGINNING; '"'-nee M51• 03'01"W a dlstanee of 41.31 to a point on the north line or the Southealt one-quartw or the Southwest one-quarter or the Southwest one-quarter of the Southealt one-quartw of said Section 32; Thence s11• 55'10"! alone saJd north line of the Southeast one-quarter or the Southwell one-quarter of the Southwest one-quarter of the Southeast one-quarter of Mid Seetlon 32 a diltanee of 3t.OI feet to the Northeast Corner of the Southeall one-quart• of the Southwell one-quarter or the Southwest one-quarter of the Southeall one-quart• of said Section 32; . Thence soo• 31'25"W alone the ealt line of the Southeast one-quarter of the Southwell one-quart .. or the Southwell one-quarter or the Southeast one-quarter of said Section 32 a distance of 25.14 feet to the TRUE POINT OF BEGINNING, contaJnU. 0.011 ac:res (410 ~uare feet), more or le•. • I . • • • • LEGAL DESCRIPTION PARCEL E Ref: 2·98-3708 November 11, 1981 A parcel of land located in the Southeast one-quarter of Section 32, Township 5 South, Rance 61 West of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado beinc more particularly described u follows: Commencinc at the South one-quarter corner of Section 32, Township 5 South, Ran1e Ill West from whence the Southeast comer or said Section 32 bears sat• 54'00"! a distance ol 2841.04 teet; Thenee sat• 54'00"! alone the south line or the Southeast one-quarter of said Section 32 a distance ot 110.31 feet to the Southeast Comer ot the South one-halt of the Southwest one-quarter of the Southeast one-quarter of the Southwest one- quarter of the Southeast one-quarter of said Section 32; Thence Noo• 31'05"! alone the east line of the South one-half of the Southwest one-quarter or the Southe .. t one-quarter of the Southwest one-quarter of the Southeast one-quarter ol said Section 32 a distance of 1155.33 to the Northeast Comer of the South one-flail of the Southwest one-quarter or the Southeast one- quarter ot the Southwest one-quarter of the Southeast one-quarter or said Section 32; Thence Nat• 54'35"W alone the north line ot the South one-half of the Southwest o~uarter of the Southeast one-quarter of the Southwest one-quarter of the Southeast one-quart• of said Section 32 a distance ot 201.34 teet to the TRUE POINT Of BEGINNING; Thence ecntlnulnc Nat• 54'3S"W alone said north line ot the South one-half of the Southwest one-quart• or the Southeast one-quarter of the Southwest one-quarter of the Southeut one-quart• ot said Section 32 a distance of 121.77 teet to the Northw•t Comer of the South one-halt of the Southwest one-quarter of the Southeast one-quart• ol the Southwest one-quarter ol the Southeast one-quarter of said Section 32; Thence Nao• U'25"! alone the eut Une of the Southeast one-quarter ot Southwest one-quarter of the Southwest one-quarter of the Southeast one-quarter or said Section 32 a clltanee o/140.14 feet, Thenee S57• 03'01"! a distance of 152.05 teet; Thence Soo•ot'OO"W a distance of ST.I4 feet to the TRUE POINT OF BEGINNING, containfnr 0.212 acres (UTOO ~uare feet), more or lea. • I . • • • .. • LEGAL DESCRIPTION PARCEL F Ref: 298-3708 November 11, 1981 A parcel of land located in the Southeast one-quarter of Section 32, Township 5 South, Rance 151 West of the Sixth Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado beinc more particularly described a.s follows: Commencifll at the South one-quarter corner of Section 32, Township 5 South, Rance 5I West from whence the Southeast comer of said Section 32 bears Sat• 54'00"E a distance ol 2141.04 feet; Thence Stl• 54'00"E alone the south line of the Southeast one-quarter of said Section 32 a distance of 110.31 feet to the Southeast Comer of the South one-half of the Southwest one-quarter ot the Southeast one-quarter of the Southwest <·r.~ quarter of the Southeast one-quarter of said Section 32; Thence Moo• 31'05"E alone the east line of the South one-half of the Southwest one-quarter of the Southeast one-quarter of the Southwest one-quarter of the Southeast one-quart• of said Section 32 a distance of 30.00 feet to a point on the north richt-of-way line of County Line Road, also being the TRUE POINT OF BEGlNNlNG; Thence Nil• 54'00"W alone said north rilfht-of-way line of County Line Road beinc 30.00 foot north of and parallel to the south line of the Southeast one-quarter of said Section 32 a distance ol 200.35 feet; Thence Moo• OI'OO"E a <lstanee ol 135.30 feet to a point on the north line of the South one~alt of the Southwest one-quarter of the Southeast one-quarter of the Southwest one-quart• of the Southeast one-quarter of said Section 32; Thence sat• 54'35"E alone the north line ot the South one-halt of the Southwest one-quartw of the Southeast one-quarter of the Southwest one-quarter of the Southeut one-quarter of said Section 32 a distance of 201.34 feet to the Northeast Comer of the South one~alt of the Southwest one-quarter of the Southeast one-quarter ol the Southwest one-quarter ot the Southeast one-quarter of said Section 32; Thence soo• 31'05"W alone the east line of the South one-halt of the Southwest one-quarter of the Southeast one-quarter of the Southwest one-quarter of the Southeast one-quarter of said Section 32 a distance of 135.33 feet to the TRUE POINT OP BEGINNING, containine 0.824 acre• (27110 aquare feet), more ar le•. • 0 I . - Q ... <I ~ •• Q'i .... ..... --~ .. ... "' ;;~ ~ ~~ ~ Q II. IQ "): ' -.1 ',. ~ ...... ~ 1111 ~ • • ~ --<;) ~ Q -.1 ... " lit ~ ... ... :: .... ..; ~ q:""i: ......... ..... <;) ~<;) <;)...: k. .... ~ 1111 ~ • . ~ ~ i . ... ~ .... Q ~ I • • • / C 0 U N C I L C 0 M M U N I C A T I 0 N I \ DATE Jan . 4, 198Z AGENDA ITEM INITIATED IV EMK&y Develop.ent EMKay's proposal to use SUBJECT Englewood land for cut and fill purposes and erect a security fence ACTION PROPOSED _____ E_~~l-~ _____ •w~ro __ ve __ E_M_Ka~y_'_s_p_l_a_n_t_o_u_s_e __ a_s_ma __ ll __ po_r_t_i_o_n_o_f __ _ Englewood land for cut and f111 purposes and erect " six foot chain link fence with three s trends of barbed w1 re on the top. I NTROOUCTI ON: A request was received by EMKiy Developnent to use a portion of Englewood land for ) cut and fill purposes. The land is on the westerly border of Mclellan Reservoir . • Allowing EMKay to cut and fill on Englewood land would substantially reduce construction costs on their proposed road in SouthPark. It would not present any probleMS for Engl..ood as far as the operation of Mclellan Reservoir is concerned. In return, EMKay has proposed that they install a six foot chain link security fence with three strands of barbed wire on top to help alleviate Englewood's security probl• on the property boundary . REC<MEMDA Tl ON: TMt the City CO\Inc11 approve El«ly's proposal to cut and fill on Englewood's property provided they restore vegetation and install 1 six foot chain link fence with three strands of barbed wire on top of the fence. • I . • • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 198Tl~---COUNCIL BILL NO. 95 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ACCEPTANCE OF AN EASEMEN~ ESTABLISHING CONDITIONS FOR SAID VACATION OF ALLEY. WHEREAS, the Englewood Planning Commission has considered a proposal to vacate the west portion of the Talley in Block 4, Higgins South Broadway Heights; and WHEREAS, the proposal calls for a 50-foot turning rad i us easement to be granted to the City of Englewood; and WHEREAS, the alley abutting property descr i b ed as Lots 17 through 30, Block 4, Higgins South Broadway He ights , Arapah oe County , Co lorado, wou l d be paved i n accordance wi t h Ci t y require- ments; and WHEREAS, c o nstructi on of an o ff ice build ing o n the site wou l d be enhanced by the vacation; and WHEREAS, given that a t urning radius easem nt would be granted , the a l ley paved , and the pro pe r t y improved on th West portion of the T a l l ey ; a n d WHEREAS, the a for ede sc ri bed a lley is no longer necessary; and WH EREAS, the Englewood P lann ing Commission has recommended vacation of t h e aforedescribed alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: S ct40n 1. The following d scrib d portion of public ri ht-of- way located in the City of Englewood, County of Arapaho , State of Colorado, is vacat d subj ct to the terms and condit4ons in Section 2 h r of: Th alley right-of-way which djoins Lot 20 on th South, Block 4, Higgins South Bro dw y Heigh s, from Sou h Cl rkson S r to conn c with he ast nd nor h/ ou h portion of th Cl rkson/Em r on 11 y in th 3500 Block South • • , I • • - • • • • Section 2. Condition of Vacation. a) The following described property must be granted to the City substantially in accordance with that instrument found in Exhibit A hereof --Grant of Perpetual Easement: Commencing at the SW corner of Lot 31, Block 4, South Broadway Heights, said point being the point of beginning; thence northerly along the West line of Lots 31 and 32, a distance of 50.0 feet to the NW corner of said Lot 32; thence along the arc of a curve left whose center bears East havi n g a de l ta o f 90°00'00", a radius o f 50.0 fe e t, a d i stance o f 78.54 feet to a point on the South line of sai d Lo t 31; thence Westerly and along said South line a distance of 50.0 feet to the point o f beginning, Arapahoe County, Colorado. b) Tha t the portion of the alley abutti ng Lot s 1 7 t hrough 30, Block 4 , Higgins South Broadway Heig hts, Arapahoe Coun ty, Ci ty of En glewood , S t ate of Co l o r ado, b e p aved i n accordance wi th the requirement s of the Ci t y Code of t h e City of En glewood . c) Th at t h e o wner of Lots 1 7 throug h 3 0, Block 4, Higgins South Broadway Height s , Ar apahoe County, Ci ty o f En glewood, State of Colorado, apply for and be issued a b uilding permit for s a id real parcel allowing for the constr u c tio n of an office b u ilding thereon within 180 days; d) That upon completion of the f oregoi n g conditions a), b), a n d c), the Mayor of t h e City of Eng l ewood is authorized to e x ecute a Quit Claim Deed vacatin g the prope r ty adjacent to portion of alley described in Sec tion 1 hereof. Introduced, read in full , a n d passed on first reading on the 21st day of December, 1981 . Published as a Bill for an Ordinance on the 23rd day of December, 1981. Read by title and passed on final reading on th 4th day of January, 1982. Publish d by title as Ordinance No. , Series of 1982, on the 6th day of January, 1982. ------ Attest: Eugene L. Ot~s, Mayor ex ofticio Ci -2- • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ______ _ Series of 1982. Gary R. H~gbee • I • • • • • • GRANT Or PERPETUAL EASBMI!:RT GRANT or I!:ASEKIMT dated thie _____ day of Septeaber, 1981, by nnd between MAXINB LEGION (hereinafter referred to ae "Grantor") and the CITY)Or ENGLEMOOD, (hereinafter referred to ae "Grantee). WRBRBAS, Grantor ie the preaent owner of certain real proporly known nR Lote 31 and 32, Block 4, Higgine South Broadway Heightll, 1\r n pnhoo County, Colorado (hereinafter referred to ae the •eubject pr .. ieee") 1 and, WHEREAS, Grantee ie deeiroue of acquiring a perpetual driveway eaee .. nt and right-of-vey acroee e portion of eeid Lote 31 and 32 for the purpoae of allowing ingreee and egreee of fire prevention equip.ant acroee eaid Lote 31 and 32 and adjacent lote1 and , WHEREAS, Grantor ie willing to grant eaid driveway eaee- .. nt and right-of-way in return for Grantee'• promiee to vacate all of that portion of the veet leg o f. the 16 foot vide "T"-ehaped alley in Block 4, Higgine south Broadway Heighte, vhich leg ie bounded by the eouth line of Lot 20, Block 4 on the north, and the north linee of Lot 11 11 H ,mel n portion of Lot 25 of Block 4, on the eouth. NOW, 'l'lll!lti':I"ORB, for and in coneideration of t he e\111 of One Dollar ($1.00), tho receipt and eufficienc y o f which ie hereby a c knov lt•llqcul, lho vartiee agree ee follove: 1. Grantor hereby grante, bargaine, eelle and conveye to Grantee and ita eucce eeore, a perpetual driveway eaee .. nt and right-of-way over, acroee , through and under portione of Lote 31 and 32, Block 4 , Higgine South Broadway Heighte, Arapahoe County, Colorado, eaid eaeement being more e pepifically deecribed ae follove : Co..ancing at the eouthveet corner of eaid Lot 31, eaid point being the point of beginninql thence rortherly along the et line of Lote 31 and 32 a dietance of 50.00 feet to the north- veet corner of eeid Lot 321 thence along the arc of a curve left vhoae center beare eaet having a delta of 9o•oo•oo•, a radiue of 50.00 feet, a dietance of 71.5 4 feet to a point on th• eouth line of eaid Lot ll1 thence veeterly and along eaid aouth line a dietance of 50.00 feet to the po nt of beg nning • • I • • • • • • 2. The driveway ea.a .. nt and right-of-way granted herein ahall be non-excluaive and ahall be in addition to auch other righta-of-way or eaae .. nte preaently poaaeaaed by Grantee and ahall be aubject to prior righte-of-way or eaae .. nta poe- .aaaed by other gover~ntal agenciea or entitiea. 3. Thia grant of perpetual ea.a .. nt and right-of-way herein contained ia, and ahall be, expreaaly conditioned upon the final adoption of an ordinance, by the City Council of the City of Englewood, properly vacating all that portion of the weat leg of the 16 foot wide •T•-ahaped alley in Block 4, Riggin• south Broadway HeighU , which leg ia bounded by the eouth line of Lot 20, Block 4, on the north, and the north linea of Lota 21-24 and a portion of Lot 25 of Block 4, on the aouth. 4. In the event Grantee or ita aucceaaora ever abandon the uae of thia eaae .. nt for .. id purpo .. a, all righta granted hereby ahall terainate, and the fee at.ple title to Lota 31 and 32 , Block 4 , Higgina South Broadway Heighta, Arapahoe County , Colorado , ahall no lonqar be e nc~red by the driveway eaa ... nt and right-of-way created by th i a inatr u.-nt. IN WITMBSS WBKJSOF, the partiea have executed th i a Grant of Perpetual laa ... nt the day and year firat above written . CUII'l'O•• iWt fii LBGIOII ATTIIT I GaAMTIII • CITY OF lliGLIWOOO BY --------------------------- ATTI I T1 • I • • - • , . • STATE OF COLORADO ••• COUNTY or Subecribed and aworn to before .. thie ______ day of Septe.oer, 1981 by Maxine Legion, Grantor. Witneee .y hand and official eeal. My c~ieeion expire••------------------- Notary PUblic STATZ OP' COLOAADO coUNTY or lluhllo'r llw•<l nnd eworn to before .. thie day of &eptollll••t', I 'IH I hy -or-the City of En<Jio•w•••l• IIL'•tlll;lf;, Wllnoee -v hand and official eeal. My c~ieeion expire••-------------------- Notary PUblic • • I . • • • • • • BY AUTHORITY ORDINANCE NO. I SERIES OF 198~ COUNCIL BILL NO. 95 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ACCEPTANCE OF AN EASEMEN~ ESTABLISHING CONDITIONS FOR SAID VACATION OF ALLEY. WHEREAS, the Englewood Planning Commission has considered a proposal to vacate the west portion of the T alley in Block 4, Higgins South Broadway Heights; and WHEREAS, the proposal calls for a 50-foot turning radius easement to be granted to the City of Englewood; and WHEREAS, the alley abutting property described as Lots 1 7 through 30, Block 4, Higgins South Broadway Heights, Arapahoe County, Colorado, would be paved in accordance with City requi re- ments; and WHEREAS, construction of an office building on the site would be enhanced by the vacation; and WHEREAS, g iven that a turning rad ius e asement would b e granted, the alley paved, and the property i mproved on the We st portion o f the T alley; and WHEREAS, the aforedescr i bed alley is no lon ger nece ss a r y; and WHEREAS, t he Englewood P l ann i n g Comm i ss i on h as recommen ded vacatio n of the afo r edes cribed a l l ey. NOW, THEREFORE , BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1. The following described portion of public rig ht-of- way located in the Ci t y of Englewood, County of Arapahoe , State of Colorado, is vacated subject to t h e terms and conditions in Section 2 hereof: Th alley right-of-way wh ich adjoins Lot 20 on th South, Block 4, Higgins South Broadway Heights , ext nding E st from South Clark son Street to conn ct with the east a n d north/south por t ion of t h Cl rkson/Emerson alley in th 3500 Block South . • I • • - • • • • Section 2. Condition of Vacation. a) The following described property must be granted to the City substantially in accordance with that instrument found in Exhibit A hereof --Grant of Perpetual Easement: Commencing at the SW corner of Lot 31, Block 4, South Broadway Heights, said point being the point of beginning; thence northerly along the West line of Lots 31 and 32, a distance of 50.0 feet to the NW corner of said Lot 32; thence along the arc of a curve left whose center bears East having a delta of 90°00'00", a radius of 50.0 feet, a distance of 78.54 feet to a point on the South line of said Lot 31; thence Westerly and along said South line a distance of 50.0 feet to the point of beginning, Arapahoe County, Colorado. b) That the portion of the alley abutting Lots 17 through 30, Block 4, Higgins South Broadway Heights, Arapahoe County, City of Englewood, State of Colorado, be paved in accordance with the requirements of the City Code of the City of Englewood. c) That the owner of Lots 17 through 30, Block 4, Higgins South Broadway Heights, Arapahoe County, City of Englewood, State of Colorado, apply for and be issued a building permit for said real parcel allowing for the construction of an office building thereon within 180 days; d) That upon completion of the foregoing conditions a), b), and c), the Mayor of the City of Englewood is authorized to execute a Quit Claim Deed vacating the property adjacent to portion of alley described in Section 1 hereof. Introduced, read in full, and passed on first reading on the 21st day of December, 1981. Published as a Bill for an Ordinance on the 23rd day of D cember, 1981. Read by title nd passed on final reading on the 4th day of January, 1982. Publish d by title as Ordinance No. ______ , s ri s of 1982, on h 6th day of Janu ry, 1982. Att s Eug n L. Otis, Mayor x officio Cl -2- • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the fore g oin g 1s a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ____ __ Series of 1982. Gary R. H1gbee • I . • • •' • GIIANT 01' P&RPBTUAL &AS&MDT GRANT OF &AS&MIMT dated thia _____ day of Septe.O.r, 1981, by and between MAXIN& LEGION (hereinafter referred to aa "Grantor") and the CITY)OF &NGLZMOOD, (hereinafter referred to aa "Grantee) . NR&a&AS, Grantor ia the pre .. nt owner of certain real propnrly ~nnwn "• Lota 31 and 32, Block 4, Riggina South Broadway Heightll, "rnpnhoo county, Colorado (hereinafter referred to aa WH&REAS, Grantee ia deairoua of acquiring a perpetual driveway eaae .. nt and right-of-way acroaa a portion of aaid Lota 31 and 32 for the purpoee of allowing ingreaa and egreaa of fire prevent i on equip.ent acroaa aaid Lota 31 and 32 and adjacent lotar and , WH&REAS, Grantor ia willing to grant aaid driveway eaae- .. nt and right-of-way i n return for Grantee'• proaiae t o vacate a l l of that portion of t he veat leg o f. the 16 foot vide "T"-ahaped alley in Block 4, lliqgina South Bruadvay Heiqhta, whi c h leg h bounded by the aou t h tine of Lot 20, Block 4 on the north, and the north linea of Lal li 71 J4 '""' n portion of Lot 25 of Block 4 , on the aouth . NOW, 'I'IIK MI'W ORI , for and in c onaider at ion o f t he aua o f One Do ll a r ($1 .00 ), t he rec e i pt and aufficienc y o f wh ich ia hereby a c knovlt•<lqolll, lho .,ortiea agree a a f ollow•• 1. Grantor hereby grant a , b arg a ina , aella and convey • to Grantee and ita aucce aaora , a perpetua l driveway eaa .. nt a nd righ t -ot-way over, acro aa , through and und r portion• of Lota 31 a nd 32, Block 4 , Higg na South Broa dwa y He ghte, Arapahoe County, colorado, a aid eaae.ant being .ore a pe cifically de acribed •• f ollow•• Coeaaancing a he eouthvea t corne r o f a aid Lot 31, 111d po nt being the poin of blginning r thence north rly along th at line of Lata 31 and 32 • d • ance of so.oo fee to the north- welt corner of eaid Lot l2r hence a long the arc of a curve lef vh oae ~nter bea r a aa a t having a 4 1ta of to•oo•oo•, a radiul of so .oo fee , • die ance of 71 .5 4 feet o a point on the aouth 1 n of 11id Lo ll r h n veeterly and a long d aouth lin a d a tan of so.oo feat to th of ginnint • • I • • • • • • 2 . The driveway aaae .. nt and ri9ht-of-way 9ranted herein ahall be non-excluaiva and ahall be in addition to auch other ri9hta-ot-way or aa .... nta preaently poaaeaaad by Grantee and ahall be aubject to prior rithta-of-way or eaaa .. nta poa- .. aaed by other 9ovar~ntal atanciaa or entitiaa. 3. Thia grant of perpetual ea .... nt and ri9ht-of-way herein contained ia, and ahall be, axpreaaly conditioned upon the final adoption of an ordinance, by the City Council of the City of Inglewood. properly vacatinCJ all that portion of the weat la9 of the 16 foot wide "T"-ahapad allay in Block 4, Bi99ina South Broadway HaiCJhU, which leCJ ia bounded by the aouth line of Lot 20, Block 4, on the north, and the north linea of Lota 21-24 and a portion of Lot 2S of Block 4, on the aouth. 4. In the avant Grantea or ita auccaaaora aver abandon the uaa of thia aaa ... nt for aaid purpoaaa, all rivhta vranted hereby a hall tarainata , and the fae aialpla title to Lota 31 and 32, Block 4, RiCJCJina South Broadway HaiCJhta, Arapahoe county, Colorado, ahall no lonver be an~rad by the driveway aa .... nt and riC)bt-of-way created by thia inatr~nt . rN WI!WSSS WRiaiOF, the partiea have executed thia Grant of Perpetual aa .... nt the day and year firat above written . GUlftO•• iWtfii LiGIOi ATTII'f : GJQift'la l CITY OP DIGLIMOOO By ________________________ _ • I • • - • • • STATE OF COLORADO COUNTY OP' ••• • • • subacribed and aworn to before .. thia ______ day of Septe8ber, 1981 by Maxine Legion, Grantor . Witneaa ay hand and official aeal. My ca.aiaaion expirea1 ________________ ___ STATII OP' COLOIIADO COUNTY OP' Notary Piiblic fllll••u•riiM •<I nnd aworn to before .. thia day of Soptoftll••r·, I'IH I loy ----c>rthe City of Bn y lt 'WtHMl, UL·,tu l Cu;. Wltnr.aa MY hand and official aeal. My co .. iaaion expirea 1 __________________ __ Notary PUblic • I . - • • • • 1 BU BY AUTHORITY ORDINANCE NO. ~ SERIES OF 198r---- COUNCIL BILL 94 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE VACATING A TURNING RADIUS NO LONGER REQUIRED DUE TO A CHANGE IN ALIGNMENT OF NAVAJO STREET, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, a turning radius was granted to the City of Englewood as necessary for the proposed alignment of Navajo Street; and WHEREAS, the alignment of Navajo Street has been established and right-of-way acquired for public purposes; and WHEREAS, the original grant of the turning radius is n o longer necessary for public purposes; and WHEREAS, the Planning Commission has recommended vacation of said turning radius. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the fo llowing described turning radius located w1thin the City of En g lewood, Arapahoe County, Colorado, being legally descr i bed hereafter, be and the same is hereby vacated: Commencing at the NW corner of SW l/4 of NE 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M., thence East along the North line of the sw 1/4 of NE 1/4 of said Section 9, a distance of 495.0 feet to the East property line of the subject property , thence South alon g said East property line 620.0 feet to a point 10 feet North of the North line of West Tuf s Avenue, the true point of beginning, thence South along said East prop rty line 10.0 f et to the North right-of-way line of West Tufts Avenue; thence West along the North right-of-way line of West Tufts Av nue 10 .0 feet; th nee Northeasterly 14.14 feet to the true point of beginning. Introduced , read in full , and passed on first reading on the 21st day of December, 1981. • I • • - • • • • Published as a Bill for an Ordinance on the 23rd day of December, 1981. Read by title and passed on final reading on the 4th day of Ja nuary, 1982. Published by title as Ordinance No. ______ , Series of 1982 on the 6th day of January, 1982. Attest: Eugene L. Ot~s, Mayor ex officio C~ty 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 1982. Gary R. H~gbee .. -2- • I • • ORDINANCE NO. ~ SERIES OF 19~ • • • BY AUTHORITY COUNCIL BILL 94 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE VACATING A TURNING RADIUS NO LONGER REQUIRED DUE TO A CHANGE IN ALIGNMENT OF NAVAJO STREET, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, a tur nin g radius was g ranted t o the City of Eng l ewood as nec essary for the proposed al ignm e nt o f Nava jo Street; and WHEREAS, the al ignment o f Navajo S treet has been establish ed and right-o f -way acq u i red fo r p ublic purposes; and WHEREAS, t he ori g inal gran t of th turning rad1us is no longer nece s s ary f o r publi c p u r poses; and WHERE AS, the Planning Commission ha r commended vacation of said turn i n g r adius. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF T HE CITY OF ENGLE WOOD , COLORADO: Sec ion 1. That t h e fo l lowi n g describ d urning radius located w1thin the City of En g lewood , Arapaho County, Colorado, being legally described h erea f t er , b e and h sam 1s hereby vacat d : Commencin g at the NW corn er of SW l/4 of NE 1 /4 of Section 9 , Town s h ip 5 South , Rang 68 West of the 6th P.M., thence East alon g th North line of the SW 1/4 of NE 1 /4 of said Section 9, a distance of 4 95.0 feet to the East property line of the subject property , thence South along said East proper y line 620.0 feet o a point 10 fee Nor h of the North line of West Tufts Avenue , he tru point of beginning, thence South along said East prop r y lin 10.0 f t to the North right-of-way lin of Wes Tufts Avenu thenc West along the North right-of-way line of West Tufts Avenue 10 .0 feet; thenc Northeast rly 14.14 feet to the true point of b ginning. Introduced , read in full , and pass d on first reading on the 21st day of Decemb r , 1981 . • I • • -- .. • • • • Published as a Bill for an Ordinance on the 23rd day of December, 1981. Read by title and passed on final reading on the 4th day of January, 1982. Published by title as Ordinance No. ~ on the 6th day of January, 1982. , Series of 1982 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. c!l 1 , Series of 1982. Gary R. H1gbee -2- • I • • • ORDINANCE NO.~ SERIES OF 19~ • • • BY AUTHORITY COUNCIL BILL 94 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE VACATING A TURNING RADIUS NO LONGER REQUIRED DUE TO A CHANGE IN ALIGNMENT OF NAVAJO STREET, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, a turning radius was granted to the City of Englewood as necessary for the proposed alignment of Navajo Street; and WHEREAS, the alignment of Navajo Street has been established and right-of-way acquired for public purposes; and WHEREAS, the original grant of the turning radius is no longer necessary for public purposes; and WHEREAS, the Planning Commission has recommended vacation of said turning radius . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That the following described turning radius located w~thin the City of Englewood, Arapahoe County , Colorado, being legally described hereafter, be and the same is hereby vacated: Commencing at the NW corner of SW l/4 of NE 1/4 of Section 9, Township 5 South, Range 68 West of the 6th P.M., thence East along the North line of the SW 1/4 of NE 1/4 of said Section 9, a distance of 495.0 feet to the East property line of the subject property , thence South along said East property line 620.0 feet to a point 10 feet North of the North line of West Tufts Avenu , the tru point of beginning, thence South long said East property line 10.0 feet to the North right-of-way line of w s Tufts Av nu th nc Wes along the North right-of-way line of West Tufts Avenue 10.0 feet; thence Northeasterly 1 4.1 4 feet to the true point of b ginning . Introduc d, r d in full, and pass d on first reading on the 21st d y of D c mber, 1981 • • I • • • • • • Published as a Bill for an Ordinance on the 23rd day of December, 1981. Read by title and passed on final reading on the 4th day of January, 1982. Published by title as Ordinance No. ~ , Series of 1982 on the 6th day of January, 1982. 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 1982. Gary R. Higbee -2- • I • • • RESOLUTION No._j___ SERIES OF 1982 • • • A RESOLUTION AMENDING THE GENERAL FUND. 18 (; WHEREAS, the City Council of the City of Eng lewood has established a goal for the community to encourage development of that area commonly referred to as the "Downtown Area" of the City of Englewood; and WHEREAS, it is necessary to devote certain r esources o f the City of Englewood to encourage this development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The following appropriations are here by made i n the General Fund: Source o f Funds: General Fund Balance $4 2 ,37 0 Appropriations: P l ann i n g - Pe rsonal Serv ices $4 2 ,37 0 Secti on 2. The City Ma n ager and Director of F i n a n ce are hereby authorized t o make the above changes in the 1 98 2 budget of th City of En glewood . ADO PTED AND APPROVED t h i s 4th day of January, 1982 . Attest: Eugene L. OtLs, Mayor ex officio city Clerk-Treasurer I , Gary R. High , x officio City Cl rk-Treasurer of th Ci y of Englewood, Color do , h r by certify tha the above is ru , accur t and compl te copy o! Resolution No. , S ries of 1982. G ry R. HLgb . • I • • --- • RESOLUTION NO. / SERIES OF 1982 • • • A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, Cl~Y ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES .FOR THE CALENDAR YEAR 1982. WHEREAS, the City Council has, by Resolution No. 45 , Series of 1981, amended the 1982 budget and adopted said amended budget by ordinance; and WHEREAS, said City Council has, by ordinance, passed and approved the 1982 appropriations for all municipal purposes, including annual salaries for Council appointees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That consistent with the budget heretofore approved and the appropriations to the General Fund of the City relative to salaries, the following annual salaries are hereby established for appointees of City Council for the calendar year 1982, to wit: City Manager .....• City Attorney . . . . Mun icipal Court Judge Associate Judge ADOPTED AND APPROVED this 4th day of January, 1982. Attest: !ugene L. Otis, Mayor 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 is a true, accurate and complet copy of Resolution No.~, Series of 1982. Gary R. Higbee • I • - • RESOLUTION NO. 0 SERIES OF 1982 • • • A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY, MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES 'FOR THE CALENDAR YEAR 1982. WHEREAS, the City Council has, by Resolution No. 45 , Series of 1981, amended the 1982 budget and adopted said amended budget by ordinance; and WHEREAS, said City Council has, by ordinance, passed and approved the 1982 appropriations for all municipal purposes, including annual salaries for Council appointees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That consistent with the budget heretofore approved and the appropriations to the General Fund of the City relative to salaries, the following annual salaries are hereby established for appointees of City Council for the calendar year 1982, to wit: City Manager . . . . $ City Attorney . $ Municipal Court Judge $ -----Associate Judge $ ADOPTED AND APPROVED this 4th day of January, 1982. Attest: Eugene L. Ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Cl rk-Tr asur r of th City of Englewood, Colorado, hereby certify that th above is a tru , accurate and complete copy of Resolution No. , Seri s of 1982. Gary R. Hiqb • I • • • • 1 GRANT OF SEWER LINE EASEMENT THIS GRANT of a sewer line easement (this •Grant") is made this day of September , 198 1 by GENERAL IRON WORkS (*Grantorwr-whose address ~s 600 W Bates Aye Englewood CQ @OJJO in favor of Clop' OF FNGIFWOQn' cor.opaoo, ("Grantee") whose address ~s 3400 South Elati Street. Englewood co ROllO The parties covenant and agree as follows: 1. Easement Pro~rty. The •Easement Property• shall mean the real property located ~n the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, and substantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor: The sum determined by the City's MIA appraisal which will be furnished to General ltjon Works At the sole option or Grantor,rantor may, at ~ts own expense, hire another MIA appraiser to appraise the easement. In the event that appraisal is different from City's appraisal, the parties agree that they will attempt to negotiate the price. In the event the parties are unable to agree, they will appoint a third appraiser to arbitrate the price. Payment shall be tendered not later than six months after approval of the appraisal of this Grant. 3. Grant of Sewer Easement. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement (the "Sewer Easement•) over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and nlarging the "Lines and Appurtenances", as her inafter defined. The •Lines nd Appurtenances" shall mean one or more wat r or sewer pipeline and all necessary underground and surface appurten nces thereto necessary or desirable for the transmission of w t water, ~nclud ing, but not limited to, mains, conduits, vaults, manhole , or other facilities as required. 4. Access. Grantee shall h ve the perpetual, nonexclu iv right of ~ogress and egress in, to, over, through nd aero the E sement Property for any purpos necessary or d irable for the ful l enjoyment of th rights gr nt d to Grant und r thi Gr nt • . • • I • • • • - 5. Restoration. Grantee agrees that after the construction, maintenance, repa1r, replacement, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in immediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Linea and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct , erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any struc- ture or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the r1ght of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves th full right to the undisturbed ownership, use, and occupancy of th Easement Property insofar as said ownership, use, and occupancy is con- sistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandonm nt. In the event th t Gr nt h ll abandon the rights granted to it und r this Gran~ all right, title and int ro t h reunder of Grantee ah ll c se nd terminat , nd Grantor shall hold the Eaa nt Property, as th s y th n b , free from th righ s of Gr nt so bandoned nd shall own ll t ri l nd structur s of Grant e so bandon d, prov1d d that Gr nt e sh 11 h v a reasonable p riod of time aft r s id Ab ndon nt in which to r - move any or all Lin a and Appurten nces from th Eas ment Prop rty. In the ev nt th t E s nt is bandon d by Gr nt , Gr ntor h ll h v the right, at ita sole option, to r quir Gr nte to remov or n utralize any im rovements construct d in th Eaa m nt by Gr nt -2- ) I • - • • • • 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right , title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons law- fully claiming or to claim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be bind- ing upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terma, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewer Line Easement the day and year first above written. GRANTOR: GENE~ IRON WORKS Title: President Attest: ~9~ Title: Secretary GRANTEE: CITY OF ENGLEWOOD, COLORADO By--------------~----------------Eugene L. Otis Title: Mayor Attest: Gan-R. Higbee Title: Director of Finance, ex officio City Clerk-Treasurer -3- • I • • • • • STATE OF COLORADO &S. COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this L1 day of~, 198-L-;};/•~ ~~:• ~Jitkf}JWkfot Witness my hand and official seal. My Commission expires: STATE OF COLORADO ••• COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this -----day of , 198 ____ by _________ _ ••---------------------and attested to by --------------------------as ______________________ of Witness .y hand and official seal. Notary PUblic My Commission expires: I • • • • • • • • 30 FOOT PERMANENT SEWER LINE EASEMENT (GENERAL I RON WORKS) BEGINNING 2.5 feet North and 32 feet West of the Northwest Corner of Block 1, s. G. Hamlin's Addition, City of Englewood, County of Arapahoe, Colorado; thence West to the Easterly right of way of the A.T. & s. F. Railroad; thence North easterly 31.7 feet more or less along said right of way to the South line of an easement des- cribed in Book 817, Page 398; thence East 103.5 feet; thence South 30 feet to the point of beginning. • I . . • . I r ~ 1... "·' -~ '"t ~ ailua.l Irt)l1 ::>I-2 (5urv~'j. L1r1e 5ta Or 2 3 4-4- !1· 0'02' R.t' .:J i .... , -:.w·v~'-' U~"i ~) stC:J-8 . -zs 6· 73 ·2s'<r I .3o'P~rm. ea5emen f -··a. s/de of $ewe~ ·r--1. lf~ [ ~cr,o~--- 1 @.1 Temp ea~em ~nf 1 (Pork i;,q -l~f ----.J.'+/"--11 !<?-/Sewer See 5hZ / (<5rovel)-; ~" New Nevv /8'' R-3 sew~r une _/ 4 ' (/'·, I ' 1 . (Corner of fence ~ l~ !;:) ......_, \!) ~ {{ 2 '{ . (\ ...J~~ ~Ill~ Mefal ~ rMefal ( -~renee posf • • • ·~nc~ pas • • • - GRANT OF SEWER LINE EASEMEN T THIS GRANT of a sewer line easement (this "Grant") is made ...,.,.--day of September , 198 1 by GENERAL IRON (•Grantorwr-whose address ~s --~~~------------------- ("Grantee") Englewood, co ROllO The parties c ovenant and agree as follows : 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, attached hereto and incorpo rated herein by reference, and subatantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property ia owned by Grantor. 2. Consideration. As conaideration for this Grant, Grantee shall pay to Grantor: The sum determined by the City's MIA appraisal which will be fu rnished to eencral ~on Wprks At the sole option oi Grantor,rantor may , at ~ts own expense, hire another MIA appraiser to appraise the easement. In the event that appraisal is different from City's appraisal, the parties agree that they will attempt to negotiate the price. In the event the parties are unable to agree, they wil l appoint a third appraiser to arbitrate the price. Payment shall be tend red not later than six months after approval of the apprai al of this Grant. 3. Grant of Sew r m nt. Grantor h reby grant to Grantee, and assigns, a perpetual, nonexclus~ve easement (the "Sewer Ease nt") ov r, under, across and through the Easement Property for the purpose of constructing, operating, maint ining, rep iring, r pl cing, r moving and enl rg~ng the "Line nd Appurt n nces", ash re~n ft r defined. Th "Lines nd Appurt nanc s" sh ll n on water or a w r p~polines and all n ces ary und rground nd aurfac appurt n ne s th reto nee saary or d s~rab e for th transm~ •~on of w tew t r, ~nclud ing, but not limited to, ins, conduits, v ult , nhol s, or oth r f cilit~ s r quir d. 4 . Ace a Grantee shall h v th perpetual, nonexclu ~v r~ght of 1ngresa nd egr as in, to, ov r, through nd aero s th Eas m nt Prop rty for ny purpose nee sa ry or d sirabl for the full njoy nt of th rights gr nt d to Gr nt und r th~ Gr nt • . • • I • • • • • .. 5. Re s to rat ion . Gran tee agrees that after the construction, maintenance, repa~r , replacement, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade a nd condition it was in imme diately prior to said construction, maintenance, repair, replacement, or enlargement , except as may b e neces sary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, main tenance, repair, replacement or enlargement. Grantee further agrees to replace any topso il removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements•, as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements• shall mean any struc- ture or building. Grantee shall have the right t o remove, without any liability to Grantor , any improvements c onstructed, erected, placed or planted on the Easement Property without Grantee 's having obtained the prior written consent of Grantor . 7. Subjacent and Lateral Support. Grantor covenants and agree s that Grantee shall have the r ~ght of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Gra ntor. Grantor reserves the full right to the undisturbed ownersh~p, use, and occupancy of the Easem nt Property insofar as said ownership, use, and occupancy ~s con- sistent with and does not impair the rights granted to Grante in this Grant. 9 . Ab ndonme nt. In the vent that Gr ntee sh 11 abandon the rights granted to it under thi Gran~ all right, title and ~nt rest hereunder of Gran t e shall ce s nd termin te, and Gr ntor sh 11 hold the Easement Property, as th arne may then be, free from the right s of Grantee so abandoned and sh 11 own all materials nd structures of Grantee so abandoned, provided th t Grantee shall have a r e asonable period of t i me after s id abandonment in which to re- move any or all Lines and Appurt nanc s from the E sement Property. In the event that Easement is abandon d by Grante , Grantor shall have the right, t its sole option, to require Grantee to remove or ne utralize any improvements constructed in the Easement by Gr ntee. -2- • I • • • • • 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee ha~eas from and against any adverse claim to the title of the Easement Property by all and every person or persons law- fully claiming or to cla~ the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be bind- ing upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The teraa, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewer Line Easement the day and year first above written. GRANTOR: GENE~ IRON NORXS By~~~ Title: President Attest: ~9--~ Title: Sec r e t ary GRANTEE: CITY OF ENGLEWOOD 1 COLORADO By _____ ~~~~~~----------------Eugen L. Otis Title: Mayor Attest: Gan-R. Higbee Title: Director of Finance, ex officio City Clerk-Treasurer -3- • I • • - • • STATE OF COLORADO ss. CO UNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this 11 day of~~. 198~· :v!:f;. ~~:· Lf~-J&-JL~of Witness my hand and official seal. My commission expires: STATE OF COLORADO ••• COUNTY OF ARAPAHO E The foregoing instrument was acknowledged before this -------day of , 198 _____ by ________________________ __ ------------------as---------------------------and att at d to by --------------------------------a•------------------------------of Witness ay hand and official seal. Notary PUblic My Comaiaaion exp~rea: I . • • • • 30 FOOT PERMANENT SEWER LINE EASEMENT (GENERAL IRON WORKS) BEGINNING 2.5 feet North and 32 feet West of the Northwest Corner of Block 1, S. G. Hamlin's Addition. City of Englewood. County of Arapahoe, Colorado; thence West to the Easterly right of way of the A.T. & s. F. Railroad; thence North easterly 31.7 feet .are or less along said right of way to the South line of an easement des- cribed in Book 817, Page 398; thence East 103.5 feet; thence South 30 feet to the point of beginning. c "; ;r A • I . ~;- ? I .-2 ( 5urv~'j.. Llf1e 5 t a O r 2 3 . ~4- !1· o·o z · :<r Pi ~~ )w·v~._, u.-;~) 510-5-8 . 2 S ~· 73 -2S,' <r Becj''. · :f v, 3 ~=-tve.r >t1 e .!./1 J -J "r?? '>/1 -' •? )t"J <-! 5-a o -roo---1 5e~ Sh 2 New k!-1 Sewer See Sh 2 ./ .. • • • 0 PO L $3 (S ur v~ une) 5-ra . 1 r 3 7-4 9 Conn e c.l l o E/'st. ~ zo l.f ! 8"1/C P @O 15~ ,\'e.w 5tc:J 'v1 H .~ I P/. S•a ,r%.8 4- ~·I:J *' -t' New 5 td, Drop P.l. 5to. 4 rGC ~: 7°10' f?f . L1 .= 8C.0 30' L t . Ne vv l8 ~ R -3 sewe.r L.m e, New 5td Orop M H • 2 PQL Sto 2t9S o 4- Rernove CJV!. I. M H. and connec. t e J<1S t 8" sew er (/ nc~ • • ~;- ? I . * 2 ( 'Surv~ 'j_. Ltt7 e 5 t a Or 2 3 4-4- !l· 0 ' 02 ' Rt' .:J i "'"! /UI~Vt!'..• f..ll "i t.) 5i(jJ -B . 2 S .6 ~ 73 -2S,'.<.r Beq ,, ·,'f . v , 3 ~t-tvt.r :...n e .'.!.11 _ -·j ::'r?::J '-A --1 .. 2' )1"1 <·! s ra o i o cT -1 See Sh 2 Ne w 1<-/ S ewe r s~e Sh Z -' • • • Por/o/'lg /o f (6rov~l) Ne vv 18 " R · 3 sewer /...Jn e .· (/ • 0 PO.L ~3(5 ur v¢::lj LJ ne) 5;a . 1r 37-49 Conned lo Ens f. ~ zo J.f ! o''t/CP @ 0 Se vv SfcJ M H .~ I P /. 5;-a ;-r %. 84- Ll $ I ? 34 I :..-r Ne w 5 tel, Drop P.l. 5/o . 4 tGC Ll :: 7 °10' f?f. LJ _= 8C.Q 30' L f . • • - GRANT OF SEWER LINE EASEMENT THIS GRANT of a sewer line easement (this "Grant") is made this day of September , 198 1 by GENERAL IRON WORkS (11 Grantor~whose address is -.-61l-Q W BAy-• l.ve EpiJl•HQod co 110110 ~n favo r 0 CI~ QF ENGIEWQOD 1 CQ!Dpapo whose a ddress ~s 3400 South Elati Street ("Grantee'') Englewood CO 80110 Th e parties covenant and agree as follows: 1. Easement Property. The "Easement Property " shall mean the real property located in the County of Arapahoe , State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, and substantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor : The sum determined by the City's MIA appraisal wh ich will be fu rnished to At the sole option o~~~~~~~~~~~ma~y~.-a~t~4~t~s~o~wn~ expense, hire another MIA appraiser to appraise the easeme nt. In the event that appraisal is different from City's appraisal, the parties agree that they w ll attempt to negotiate the price. In the event the part4es are unable to agree, they will appoint a third apprais r to arbit rate the price. Payment shall be tender d not later than six months aft r approval of the ppra4s l of this Grant. 3. Gr nt of Sewer Easement. Gr ntor h r by g nt to Grantee, 4ts successors and assigns, a p rpetual, nonexclusiv easement (the "Sewer Easement") over, und r, across and through the E sement Property for the purpose of construct4ng, op rating, m lnt 1ning, rep ~ring, repl cing, r ving nd nl rg•ng th "L1n and Appurten nces", a h r 4n ft r defin d. Th "Lin nd Appurt nance " shall mean one or more wat r or a w r pip l1n s and all necessary underground and surface ppurt n nc s th reto n c ry or des1r ble for th trans~ sion of wa t w ter, 4nclu - 4ng, but not lim4ted to, mains, conduits, vaults, nhol oth r facilities as required. of nt Property n j oym nt of Grant shall h v nd egr s in, to, for any th right .• • xclu 4V eros th irabl for th und r th4& Gr nt. I • • • • • 5. Restoration. Grantee agrees that after the construction, maintena n ce, repa1r, replacement, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade a nd c ondition it was in immediately prior to said construction, ma1ntenance, repair, replac ement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Ea s emen t Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed f rom any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, mainten ance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to c onstruct, erect, place or plan any wrmprovementsw, as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvementsw shall mean any struc- tur e or building. Grantee shall have the right to remove, witho ut any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent a nd Lateral Support. Grantor covenants and ag rees that Grantee shall have the right of subjacent and lateral s upport on the Eas ement Property to whate ver extent i necessary or desirable for the full, complete and undisturbed enJoyment of the righ ts granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of th E sement Property insofar as sa1d ownership, use, and occupancy 1s con- sistent with and does not impai r the rights granted to Gr ntee 1n this Grant. 9. Abandonm nt. In the event that h ll rights granted to it under this Gran~ all right, t tl t hereunder of Grantee ah 11 ce se and terminate, nd Gr hold th Eas ment Prop rty, as the same may th n b , r e r1ghts of Grantee so bandoned and sh 11 own all t r1 l tructures of Grantee so abandoned, provid d th t Gr nt v r e sonable period of time after said ab ndon nt in wh1ch to r - mov any or all Lines nd Appurtenances from the E ment Prop rty, In the event that E aem nt is bandon d by Gr nt , Gr ntor sh 11 have the right, t ita sole option, to requir Gr nt to remov or neutralize any irnprovem nt constructed in the Easem nt by Grunt -2- • I • • - • • • • 10. wa rra nty of Title . Gr antor wa r ran ts and represe nts t h at Grantor is the fee simple owner of the Easement Property and t hat Grantor has full ri ght, t i tle and authority, and that thi s Grant is effective t o grant and convey to Grantee the Sewer Line Easement . Grantor f urth er c ovenants and agrees to indemnify, defend and hold Gra ntee harmless f rom and against any adverse claim to the tit l e of the Easement Property by all and every person or persons l aw- fully c l a im ing o r t o claim the whole or any part thereof. 1 1. Binding Effect. This Grant shall extend to and be bind- i ng upon the he1rs, personal representatives, successors and a ss igns of the respective parties hereto. The teras, covenants, a greements and conditions in this Grant shall be construed as c o venants running with the land . IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewer Line Easement the day and year first above written. GRANTOR ; G ENE~ IRO N WO RKS By ~~~ Title : President Attest: 7(~~·~ Title: Seer tary GRAN TEE; CITY OF ENGLEWOOD, COLORADO By _____ ~----~~~---------------Eugene L. Otis Title: Mayor Att st: Ga n-R. Higbee Titl : Director of Fina nce, ex officio City Clerk-Treas urer -3- • I • • • • • STATE OF COLORADO ss. COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this f1 day of~, 198~d ~.ir!E ~~:• A~ /i.l&I/,;M of Witness my hand and official seal. My Commission expires: STATE OF COLORADO ••• COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this -------day of , 198 ____ by ________________ __ ------------------as ________________________ __ and attested to by as __________________________ ____ of Witness ay hand and official seal. Notary PUblic My Commission expires: I . • • - • • • • 30 FOOT PERMANENT SEWER LINE EASEMENT (GENERAL I RON WORKS) BEGINNING 2.5 feet North and 32 feet West of the Northwest Corner of Block 1, S. G. Hamlin's Addition, City of Englewood, County of Ar apahoe, Colorado; thence West to the Easterly right of way of t he A.T . & S. F. Railroad; thence North easterly 31 .7 feet more or less along said right of way to the South line of an easement des- cribed i n Book 817, Page 398; thence East 103.5 feet; thence South 30 feet to t he po i nt of beginning . • I . ? I .~ 2 { 5urv~'i-L1t1e 5ta Or 2 3 . 4-4- !:l·o ·o z 'R.r ~; •, ~u rv~~· Lu~~) 510-J -8 . 2S Ll· 7 3 · 25,' <.r Beq ,,. v, 3 ~ttvfJ :..11 e '~;, ,-} .,1'?:) (11 ..... ? )11 <·I 5-;-a OrOO-- 5ee Sh 2 ew /I • • • PO.t. "'~(Sur v~ ut~e) '5/a . I t 37.49 Conriec.l lo D /s '-d co t.f! 8"vcP@C~ 30'pt!rm. easement -a . stcu of $ewer. n ee • New 5-t-d M H.~ I P/. S•a ;r 4<P .84- Ll•t ~ 34' :..r New 5td, Drop P.l. 5fo. 4 rGC Ll = 7'-'10' C(f . ~ = 8l () 30' L t. New 5td Drop M H -#' 2 PQL Sto 2t9S o 4- l?emove CAi~l M H. ~ ~ and conne:.c. t . (\. e JCI S t 8" sew er ~Ill~ Melal r~nc~ po.s 0 • • • • GRANT OF SEWER LINE EASEMENT THIS GRANT of a sewer line easement (this "Grant") is made this=...--day of September , 198 1 by GE NERAL IRON WORXS ("Grantor~whose address l.S 6 00 w Rat•• •ve Englewood co @OJ)O in fav or of CI'J;Y oF ENGI.EWOQD' raT nD&DI'\. ("Grantee"') whose address l.S 3400 South Elati Street, Englewood co 80110 Th e parties covenant and agree as follows: 1. Easement Pro~rty. The "Easement Property" shall mean the real property located 1.n the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated here in by reference, and substantially as depicted on Exhibit B, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall pay to Gran tor: The sum de termined by the City's MIA appraisal which will be fu rnished to Glneral Iron Wgrks At the sole option of Grantor, Grantor may, at 1.ts own expense, hire another MIA appraiser to appraise the easement. In the event that appraisal is different from City's appraisal, the parties agree that they will attempt to negotiate the price. In the event the parties are unable to agree, they will appoint a third appraiser to arbitrate the price. Payment shall be tendered not later than s1.x months after approval of the appraisal of this Grant. 3. Grant of Sew r Easement. Grantor her by grants to Grantee, 1.ts successors and assigns, a perpetual, nonexclusive easement (the "Sewer Easement") over, under, across and through the Easem nt Property for the purpos of constructing, operating, m int ining, r pa1.r1.ng, r pl cing, removing nd nlarg1.ng the "Linea and Appurten nc a", ash r 1.n fter defin d. Th "L1.n s and Appurt nance " ah ll n on wat r or s w r p1.p lines and all n cess r y underground and surfac ppurten nc s th r to necess ry or d s1r ble !or th tran 1. a1.on of w stew t r, l.nclud- l.ng, but not li 1.t d to, ina, condul.ta, vault , nhol s, or oth r f cilitl a r quir d. 4. Grant shall r1.ght o and egr a in, E s m nt Prop rty for any purpo full enjoy nt o h rights gr .· h v to, • I • • • .. 5 . Restoration. Grantee agrees that after the construction, maintenance, repa1r, replacement, or enlargement of any of the Lines an d Appurtenances, Grantee shall restore the surface of the Easement P roperty as nearly as reasonably possible to the grade and c ondition it was in immediately prior to said construction, maintenance, repair, replacement, or enlargement, except as ma y be ne cessary to accommodate the Lines and Appurtenances. Grantee ag r e e s to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee d ur i n g said construction, maintenance, repair, replacement or enl argement. Grantee further agrees to replace any topsoil removed f rom any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, ma in t enance, repa i r, replacement or enlargement, at Grantee's s ole cost a nd expense . 6. No Improvements. Grantor covenants and agrees not to c onstruct, erect, place or plan any "Improvements", as hereinafter de fi ned, on the Ea s ement Property without obtaining the p r ior wr itten consent o f Grantee. "Improvements" shall mean any struc- ture or bui lding. Grantee shall have the right to remove , withou t any l iab i l i ty t o Grantor , any i mprovements constructed , e r ected, pla ced or plant e d on the Eas ement Property without Grante e 's havin g obtained the p rior wr i tten consent of Grantor . 7 . Subjac ent and Lateral S upport. Grantor covena nts a nd a gree s that Grante e shall h ave the r1ght of sub j acent and l ate ra s upport o n t he Easeme nt P ropert y t o whatever ext e nt is necessary or des irable for the f ul l , comp lete and und ist urb ed enjoym nt of the rights granted to Gr antee under th is Grant . 8. Rights of Grantor. Grantor r e serv e s the full right to the undisturbed o wnersh1p , u se, and o ccupancy of the Easement Property insofar as said ownership, u se, and occupancy i con- sistent with and does not impair the r i g hts g r a nted to Grante 1n this Grant. 9. Abandonm nt. In the event that Gr ntee shall abandon th rights granted to it under this Gran~ all right, title and interest hereunder of Grantee shall cease nd term n te, and Grantor shall hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and sh 11 own all materi 1 nd structures of Grantee so abandoned, prov1ded th t Grantee sh 11 have a reasonable period of time after said abandonment 1n wh1ch to re- mov any or all Lines and Appurtenanc s from the E sement Property. In the event that Easement is abandon d by Grantee, Gr ntor sh 11 have the right , at its sole option, to require Gr ntee to rernov or neutralize any improvements construc t ed in the Easem nt by Gr nt -2- • I • • • • • • 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons law- fully claiming or t o claim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be bind- ing upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Sewer Line Easement the day and year first above written. GRANTOR; GENE~ IRON WORKS By~~~ Title: President Attest: ~9~ Title: Secretary GRANTEE: CITY OF ENGLEWOOD, COLORADO By----~----~~~----------------Eugene L. Otis Title: Mayor Att st: Ga n R. Higbee Title: Director of Finance, ex o ffi cio City Clerk-Treas urer -3- • I • • • • • STATE OF COLORADO ss. COUNTY OF ARAPAHOE Witness my hand and official seal. My Commission expires: STATE OF COLORADO ss. COUNTY OF ARAPAHOE The foregoing instrument was acknowledged before me this ----day of , 198 ___ by ________ _ ----------as _______________ and attested to by --------------------------as____________________ of Witness ay hand and official seal. Notary PUblic My Comaiaaion xpires: I . • • • - • • • • • 30 FOOT PERMANENT SEWER LINE EASEMENT (GENERAL IRON WORKS) BEGINNING 2.5 feet North and 32 feet West of the Northwest Corne r of Block 1, S. G. Hamlin's Addition, City of Englewood, County of Arapahoe, Colorado; thence West to the Easterly right of way of th e A.T. & s. F. Railroad; thence North easterly 31.7 feet more or less along said right of way to the South line of an easement des- cribed in Book 817, Page 398; thence East 103.5 feet; thence South 30 feet to the poi nt of beginning . • I . • ~;- ? I .-2 ( 5urv~'j..!--'r?e 5ta Or 2 3 4-4- L\• o·o2' :<t Beq., ·:, .,, 3 _:.!;,_-~.l.r:.?:J '·/1-' .. ? )1"1 <-! Sra or-oo Se~ Sh 2 N~w -/ r I I .. • • - 0 POL $3(Sur v~ u11~) 5-ra . 1 r 3 7. 4 9 Cont?ec.l lo E~'s I d cOIF:! 8"t1CP @C-:- Jo'p~rm. ea5emenf -a . stde of .sewer. net!' • Se.vv '5-fd 'v1 H .$ I P/. S•a ,-t-4-<;,.84- 11,. I ;) 34 I _.,.. Neh 5td, Drop PI 5fo. 4 rG tJ L1 = J<>to' .cu . L)_= 8C.0 30' Lt. New 5td Orop M H .; 2 PQL Sta 2t9S o4- Rernove eM!:. t. M H. 8" ..sew er Mefal r~nct!" po.5 • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E AGENDA ITEM SUBJECT ', December 28, 1981 Fifty (50) Golf Cart s -"BID" / E.P. Romans, Director of Parks and Recreation C ~~~ INITIATED BY __ ~G~a~r~y~R~--H~ig~b~e~e~·~D~i~re~c~t~o~r~o~f~F~i~n~a~n~c=e-----------4~~~~~~£--------- ACTION PROPOSED That Council approve and award to Boyd Distributing Co., Inc. the low bidder for Fifty (50) Golf Carts that met all specifications. Introduction : In the 1982 Public 16Erovement Fund fifty (50) Golf Carts are budgeted for a total amount of l$12$,000. I Background Information: Since the Golf Course opened, Golf Carts have been rented from Boyd Distributing Co . for a monthly average of I $1,780 .91 I Financial Details : Sealed Bids were received by the Department of Finance (Purchasing) from two vendors to supply fif•y (SO) Golf Carts, Company Soyd Distribut i ng Co., Inc . Rocky Mounta in Golf Carts, Inc . *Less 3 if paid wi thin 10 day s of each del ivery This places Body Distributing as low bidder In a Cone 1 us I on and "-c011111e ndat ions : Total $120,000 . 00* 118,750.00 date of Apri 1 1, Jqtl2 and June 1, 1982. total amount of l$116 59~-00 I Rocky Mountain Golf Carts, Inc . offered the Yamaha Golf Carts with front cowl mad of urethane whereby specifications called for "a ll steel replaceable lightweight galvanel panels". Boyd Distributing Co ., Inc . offered the E-Z-Co Coif Carts whic h met at 1 spec i fications . Afte r reviewing the proposals and speclflcatlons, we recommend th purchase of fifty (50) Coif Carts frOfll loyd Distributing Co ., Inc . In the total amount of I $116,st .oo I with 35 c ar s deliver d by Apr il 1, 19dl and the remaining IS cars by June 1, 19 2. I_ --------------------~ • I •