HomeMy WebLinkAbout1982-11-01 (Regular) Meeting AgendaCity Council Meeting -Regular
November 1, 1982
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CITY COUNCIL MEETING
November l, 1982
RESOLUTION #)1, J'4, ~45, 46, 47
ORDIN ANCE# 7, 48, 49
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REGULAR MEETING:
COUNCIL CHAMBERS
City of Englewood, Colorado
November 1, 1982
The City Council of the City of Englewood, Arapahoe Coun-
ty , Colorado , met in regular session at 7:30 p.m., November 1,
1982 .
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Reverend Adrian House, First
Christain Church, 3190 South Grant Street. The pledge of alle-
giance was led by Boy Scout Troops 1115 and 1154.
Mayor Otis asked for roll call . Upon a call of the roll,
the following were present:
Council Members Higday, Neal, Fitzpatrick, Weist,
Bilo, Bradshaw, Otis.
Absent: None.
The Mayor declared a quorum present.
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Also were: City Manager Mccown present
Assistant City Manager Vargas
City Attorney DeWitt
Director of Wastewater Treatment
Plant Owen
Deputy City Clerk Wa tkins
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COU NCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF NOVEMBER 1, 1982. Council Member Bilo sec-
onded the motion. Upon a call of the roll, th vote resulted as
follows:
Ayes: Council Members Higday, Neal, Fitzpa rick ,
w 1st, Bilo, Bradshaw, O is.
Nays: Non .
Th Mayor d clared h mo ion carri d.
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November
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were :
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1, 1982
There were no pre-scheduled visitors on the agenda.
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There were no other visitors at this time.
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"Communications -No Action Recommended" on the agend a
(a)
(b)
(C)
Minutes of the Board of Career Service
Commissioners meeting of September 16 , 1 982.
Minutes of the Liquor License Authority
meeting of October 13, 1982.
Memorandum from the City Manager concerning
his attendance at the ICMA Annual Conferen ce
in Louisville, Kentucky.
COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATION S -
NO ACTIO N RECOMMENDED" AGENDA ITEMS S(A) -S(C). Council Member
Neal second ed the mot io n. Upon a call of the roll, the vote
r esult ed as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatr ick ,
Wei st , Bilo, Bradshaw, Otis.
None.
The Mayor declared the mot ion carried .
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City Manager Mcco wn presented a Council Communication from
he Urban Rn wal Authority requesting he transfer of $67 ,000 from
the Public Improvement Fund to th Authority for th purchase of
property at 3767 Sou h Clarkson Street for making improvements to
Little Dry Cre k. Mr. Mcco wn noted the resolution from the Au-
thority requesting Council to transfer these funds . Mr. Mccown re-
commended approval of a resolution wh ich actually transfers $70 ,000
to the URA budget. Mr. Mccown stated the e xtr a monies would cover
closing costs or incidentials . Mr. Mcco wn stat d the proc dures in
proper y acquisition would be as follows: If th au hority wishes
to purchase prop rty and funds do no xist with in th ax incre-
men bonds , th Au hori y would have to pass a r solution request-
ing funds from Council . If h prop rty i nam d in th Urban
Rn w l Plan h Council may proc ed . If no , Council would hav
o hold a public haring o mak sur 1 l includ d wi hln h
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November 1, 1982
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Urban Renewal or Downtown Development Plan. Then Council would
pass a resolution appropriating the money and the Authority woul d
pass a resolution spending the money. Three resolutions are re-
quired.
COUNCIL MEMBER BILO MOVED TO APPROVE THE RECOMMENDATION
FROM THE URBAN RENEWAL AUTHORITY TO TRANSFER FUNDS. Council Mem-
ber Bradshaw seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Council considered the resolution that would transfer
$70 ,000 from the Public Improvement Fund to the Urban Renewal
Authority budget.
RESOLUTION NO. 43
SERIES OF 1982
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
COUNCIL MEMBER SILO MOVED TO PASS RESOLUTION NO. 43,
SERIES OF 1982. Council Member Higday seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
ORDINANCE NO. 45
SE RIES OF 1982
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BY AUTHORITY
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COUNCIL BILL NO. 50
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEES
FROM VIOLATING THE MUNI CIPAL CODE OF THE CITY OF ENGLEWOOD BY ADD-
ING SECTIO N 5 , TO CHAPTER 3, TITLE 11 OF THE EMC '69, AS AMENDED •
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November 1, 1982
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COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 50,
SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrick se c-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
ORDINANCE NO. 46
SERIES OF 1982
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BY AUTHORITY
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COUNCIL BILL NO. 51
INTRODUCED BY COUNCI L
MEMBER BRADSHAW
AN ORDINANCE AMENDING SUBSECTION (3) OF SUBSECTION (A) OF SECTION
2, CHAPTER 6, TITLE XIII OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS
AMENDED, BY CHANGING REFERENCE TO COLORADO STATE LAW.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 51,
SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrick sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
We ist, Silo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
ORDIN ANCE NO. 47
SERIES OF 1982
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BY AUTHORITY
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COUNCIL BILL NO, 54
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION
DISTRICT.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO.
5 4, SE RIES OF 1982, ON FINAL READING. Council M mb r Silo ec-
ond d the mo ion.
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November 1 , 1 982
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Council Member Neal requested that if any purchase o f
property is involved, the property owner be informed of the r i g ht
to grant an easement rather than having to sell property.
Upon a call of the roll, the vote resulted as follows:
'Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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City 'Attorney DeWitt presented the agreement with Cinder-
mak Assoc i ates concerning the parking lot adjacent to Cindere l la
Ci ty. Mr. DeWitt stated the agreement contains provisions to pro -
tect the title of the various property owners at Cinderella City
parking lot. One is to limit the 5% area to the portion that only
the City owns. The other is to reference and clear up some r e ad-
ing that the property is not reconveyed but conveyed in the fi r st
i ns tance.
RE SO LUTION NO. 44
SERIES OF 1982
A RESOLUTION APPROVING AN AGREEMENT WITH CINDERMAK ASSOCIATE S RE-
GARDING EXTENSION OF LEASE CONCERNING PARKING LOT ADJACENT TO
CI NDERE LLA CITY.
CO UNCIL MEMBER NEAL MOV ED TO PA S S RESOLUTION NO. 44,
SERIES OF 198 2 . Co un cil Me mber Fi tzpatrick seconded th e mo ion.
In response to Council Me mber Ne a l 's q uestion , City 'At-
torney De Witt refe r enced page 5 , pa r ag r a ph (a), in that "it is re-
cognized by the pa r ties hereto that the o wn er has t h e right to use
not more than 5 % of the total se r face a r ea of t h e r ealty described
in the deed". Mr . De Witt stated a ne w 5 1 is not gai n ed by build-
ing a ne w st r ucture .
Furthe r Cit y Attor ney De Witt r efe r enced pa g e 2 , para-
graph (h), "he City intends and the o wner agr ees a nd conse n ts that
the real property to the east of So uth El ati St r eet s h all be bound
by the terms of the deed and no by t h e te rm s of th e agreement."
Mr, De Wi t stated the agreeme n t o n ly modifies t h e ar ea west of
South Elat 1.
Upon a call of th roll , the vote resulted as follo ws:
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November 1, 1982
Page 6
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION
DECLARING NOVEMBER 21 -28, 1982, AS "BIBLE WEEK". Council Member
F i tzpatrick seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nay s :
Council Members Higday, Neal, Fi tzpatr ic k,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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Ci ty Manager Mc co wn presented a communication con ce rn ing a
pr o posed agreement between the Cities of Englewood and Li ttl eto n
r egard i ng the Joint-Use Wastewater Treatment Plant. Mr. Mc cow n
as ked the Dire c tor of Wa s tewater Treatment Plant, Bill Owen, to
come forward and discuss th e proposed agreement.
Di re c tor Ow e n sta t e d the proposed agreement mo d i fies the
origi nal a greeme nt t o actuall y represent the work i ng re l a tio n shi p
betwee n t h e Ci t i es of Littleto n and Eng l ewood as i t per tai n s to t h e
Joint-Use waste wate r Treatment Plant . Di rec to r Owen noted the de-
finitions of each plant contained the a greeme nt. He stated the key
points of the agreement were: 1) the o p era t ion of the reactivated
Engle wood Sewer Plant und r the administrative and financials ruc-
ture of the Bi-City Waste water Plant; 2) a clarification of the
program to distribute costs on actual use not an estimated use; and
3) initiating a capital r investment acco un t wherein funds would be
set aside each year to be available for r e p lacing major expendi-
tures of existing fac111ti s.
Direc or Owen then reviewed the p r o posed ageement in is
n irety.
n ore
he agr
Council M mb r Bradsha w asked ho w it would be possibl o
he indus rial wa t ma nage m n ordlnanc as r f renced in
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November 1, 1982
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City Attorney DeWitt stated the EPA requires in the Clean
Water Act of 1974 an industrial pretreatment program. The Cities
currently have a pretreatment program but somewhat cursory accord -
ing to the EPA. A new document has been developed jointly with the
City of Littleton and will be presented to Council in the next few
months. The document forms the basis of a new pretreatment ordi-
nance. Mr . DeWitt stated the ordinance is difficult to enforce and
it may ultimately require the placement of monitors at sites where
there are uses of heavy metals.
Council Member Silo asked what were some advantages of
owning the Englewood Sewer Plant.
Director Owen stated the added capacity of 5 mgd is of
benefit to Englewood and would help offset the flow amount.
Council Member Neal referenced the original agreement
wherein construction costs were split 50/50 with Littleton. Also,
that O&M expenses are portioned on a pro rata share according to
flows. Mr. Neal stated the Englewood Sewer Plant was react ivated
because Englewood was well over its flow amount. Mr. Nea l asked if
the proposed agreement changes the 50/50 split for future expansion
in any way.
Director Owen stated the proposed agreement does not
change that arrangement. The Joint-Use Plant is 50/50 ownership by
both cities and it is envisioned that future expansion will be
50/50. Director Owen stated the Englewood Sewer Plant is solely
owned by Englewood and will incur its expenses.
ORDINANCE NO.
SERIES OF 1982
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 55
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDI NAN CE AUTHORIZING A CO NTRACT WITH THE CITY OF LITTLETON,
COLORADO , TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT
FACILITY.
CO UNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 55 ,
SERIES OF 1982 , ON FIRST READING. Council Memb r Bradshaw sec-
onded the motion.
COUNCIL MEMBER FITZPATRI CK MOVED TO AMEND COUNCIL BILL NO.
55 , SE RIES OF 1982, IN SECTIO N 1 . B) BY CHANGING TH •FIVE-MEMBER•
TO A ·FOUR-MEMBER· S UPERVI SOR Y CO MMITTEE. Council M mb r Brad haw
seconded the mo ion,
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November 1, 1982
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Council Member Bilo objected to the amendment on the basis
the agreement allows for a fifth member if need be.
Upon a call of the roll, the vote on the amendment re-
sulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bradshaw, Otis.
Council Member Bilo.
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the original motion
resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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City Attorney DeWitt discussed the matter of Swindle vs.
the City of Englewood regarding the Oretega Subdivision.
COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY
ATTORNEY TO DEFEND THE CITY IN THE MATTER OF SWINDLE VS. THE CITY
OF ENGLEWOOD. Council Member Neal seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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City Manager Mccown presented a Council Communication from
the Dir ctor of Engineering Services concerning the contract to
cl an the lake at the Golf Course.
COU NCIL MEMBER FITZPATRICK MOVED TO APPROVE THE USE OF
CLU BH OUSE FEES TO PAY FOR CLEANING ONE LAKE AT THE GOLF COURSE AND
TO AWARD THE CONTRACT TO DIAMOND RE-SERV-AL COMPANY AT $150/HOUR
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November 1 , 1 98 2
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WITH A MAXIMUM TOTAL OF 40 HOURS, THE TOTAL CO ST NOT TO EXCEED
$6 ,000 . Coun cil Member Bilo seconded the mot ion . Upo n a call of
he r oll , the vote resulted as follows:
Ayes: Council Members Higday, Nea l , F itz p at r ick ,
Weist, Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
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City Manager McCown presented and dis c ussed in deta il th e
Six-Quarter Budget for the period of October, 198 2 through March,
1983.
Council instructed staff to develop a d i fferent format f o r
reporting the Six-Quarter Budget financial schedule.
RESOLUTION NO. 45
SERIES OF 1982
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO.
45, SERIES OF 1982. Council Member Bilo se c onded the motion. Up o n
a call of the roll, the vote re s u l ted as follow s :
Ayes: Coun c il Member s Higday, Ne al , Fitzpatrick,
Weist, B ilo , Bra ds h a w, Otis .
Nay s : Non e .
The Mayor declared the motion carried .
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Mayor Otis asked for volunteers f r om Council to ride in
the horse car during the Holiday Parad •
Council Me mbers Higday and Fitzpatrick , and Mayor Otis
volunteer d .
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No urthe r business was discussed .
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November 1, 1982
Page 10
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN.
Mayor Otis adjourned the meeting without a vote at
8:35 p.m .
~·ct~ putyCity Clerk
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7:30 P.M.
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2.
3.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
NOVEMBER 1, 1982
< '\i
~'CL,-· j \_l
Call to1 order, invocation by Reverend Adrian House,
First Christian Church, 3190 South Grant Street,
pledge of allegiance by Boy Scou\ Troops #115 and
#154, and roll call. ""x.l
Minutes.
Minutes of the regular meeting of October 18,
1 982. (Copies enclosed. )
Pre-Scheduled Visitors. (Please limit your pre -
sentation to 10 minutes.)
Other Visitors. (Please limit your presentation
to 5 minutes .)
4. Public Hearing.
5. Communications -No Action Recommended.
(a) Minutes of the Board of Career Service Com-
missioners meeting of September 16, 1982.
(Copies enclosed.)
(b) Minutes of th Liquor Liens Authority meeting
of October 13, 1982. (Copies enclosed.)
(c) M morandum from th City Mn gr concerning his
ttendanc at th ICMA Annual Conferenc in
Louisville, Kentucky. (Copi s nclosed.)
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November 1, 1982 Agenda
6. Communications -Action Recommended.
(a) Council Communication from the Urban Renewal
Authority requesting transfer of funds from
the Public Improvement Fund to the Urban Renewal
Authority for the purchase of property.
(Council Communication and Resolution enclosed.)
,dt4~ (b) Resolution amending the Public Improvement
Fund. (Copies enclosed.)
7. City Attorney.
8.
Ordinances on Final Reading.
Ordinance prohibiting corporate officers, agents,
or employees from violating the Municipal Code
of the City of Englewood by adding Section 5,
to Chapter 3, Title 11 of the Englewood Municipal
Code of 1969 as amended. (Copies enclosed.)
Ordinance amending Subsection (3) to Sub-
section (A) of Section 2, Chapter 6, Title XIII
of the Englewood Municipal Code, as amended, by
changing references to Colorado State Law.
(Copies enclosed.)
Ordinance approving an agreement with Regional
Transp~~tation District. (Copies enclosed.)
Resolution.
Resolution approving an agreement with Cindermak
Associates regarding extension of lease con-
cerning parking lot adjacent to Cinderella City.
(Copies enclo ed.)
Proc la t ion.
() Proclamation procl iming Nov mber 21-28, 1982
s National Bible Week. (Copi ncloa d.)
0th r Matt rs.
'U /fi.tlu{))\ I (!,P.,,t..5',5 119 .~
( ) Attorn y's Choice.-1 • C... ~ 01 tlaij)
J. ,yl • u. (> ')o.., 'ct
City Manag r.
(a) Council Communication from th Dir ctor of
n in rin S rvic a cone rnin th contract
to clean th lak at th Golf Coura . (Copi a
ncloa d.)
)
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November 1, 1982 Agenda
8. City Manager (Continued).
Six-Quarter Budget for the period October,
1982 through March, 1983. (Copies enclosed.)
Manager's Choice. -~-/:J J"f..,aA4 o.o bd. ~ t,,u r'-«-1 . , . p ~, 11,;1.-~v
General Discussion. ~; y~~-.,....,
::: ~:::;: ~:::::. Choic~~
9.
12 J,.°??i~rn••:·1U 2 , f '. ~£cJ · '.
v ~~,Manager U
AM /sb
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Moved Seconded Ayes Nay Absent Absta in
H1qdav
Neal
Fitzoatrick
Wei st
Bi lo
Bradshaw
Otis
(!~ I J:> {J Ld.J_ 0 (SL~
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OJao j l-f o l J Al'w . L
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7l1e,~
r/~~
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HIC1da11 v-
Neal -
Fi tznat rick v-
Weist v--
Ri lo y--
Bradshaw V
Otis r
l;p
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ROLL CALL
Moved Seconded Ay~ N ay Absent Abstain
Hioday I
Neal I
Fl tzoat rick I
Weist 7
V Bi lo I v--Bradshaw I
Otis I
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/a-
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ROLL CALL
Moved Seconded A~ Nay Absent Abstain
H1qdav
.......... Neal
Fl tzoat rick
Weist 7
Rj lo I
{/' Bradshaw 7
Otis I
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Moved
C.
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Seconded
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ROLL CALL
Hlodav
Neal
Fl tzoatrick
Wei st
Rj lo
Bradshaw
Otis
I
Ayes
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Nay
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Absent Abstain
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• -
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ROLL CALL
Mov e d Seconded Ayes Nay Absent Abstain
' H1<1C1av I
Neal I
Fi tzoatrick I
Weist I
L/ Bi lo l
~ Bradshaw (
Otis \.
' O..p,l. t1-/L~
6 ""'/ /YD J--I:) t F
5 -
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• •
• -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
i..,---H1odav ' Neal }
Fl tzoatrick I
Weist 7
v--Bi lo I
Bradshaw 7
Otis \
'-..
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1odav \ ·-Neal I ;.--Fi tzoatrick I
Wei st I
Rj lo I
Bradshaw I
Otis \
"'
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
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H1qday \
Neal I
Fltzoatrick I
Weist I
Bi lo ,.,...... Bradshaw I
Otis '
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• -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
A1odav
Neal ,,_... Fitznatrick
Wei st
i--Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1c,dav \
Neal 7
Fi tzoatrick I
Weist l
Bi lo I
Bradshaw I
Otis I
\_
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ROLL CALL
Hoved Seconded Aye s Nay Absent Abst . a1n
H1nday
v-Neal
i...---Fi tzna trick
Wei st
Bi lo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Ayes Nay Absent Ab stain
H1oday ....,
Neal
Fltzoatrick
Wei st
Bi lo
Bradshaw I
Otis I
C
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• -
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
' H1qdav ' Neal I
V Fltzoatrick I
Wei st I
Bi lo I
V Bradshaw r
Otis l
'-
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qdav
Neal
Fltznatrick
Wei st
Bi lo
Bradshaw
Otis
1 C, JW' J_-f.-J I~' ~4' t ~J
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• •
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ROLL CALL
Moved Seconded A yes Nay Absent Abstain
H1ciday
Neal
Fitznatrick
Weist
Bi lo
Brad shaw
Otis
-d( t,,., 7l ( ·~ ~ ,L~1 pc.,.
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Bi lo
Bradshaw
Otis
,
• I • •
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Na y Ab sent Abstain
Hinday
Neal
V Fftznatrick
Weist
Bi lo
V Bradshaw
Otis
CA v'-----.
6
• I . •
•
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
HIQ<lav I
Neal 1
Fi tzoatrick I
Wei st I
Bi lo -Bradshaw I
Otis I
• I • •
• •
• -
• •
ROLL CALL
Moved Se conded Ay~ Na y Ab s ent Ab s t ain
H1qday
Neal
Fltzoatrick
Wei s t I
Bi lo
Bradshaw
Ot is I
\_
• I • •
• •
• -
• •
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
H1qday
.__ Neal
Fl tzoatrick
Weist
Bi lo
V Bradshaw
Otis
\_
•
• I • •
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
~
H1odav ' Neal I
y Fl tznatrick I
Weist I
I/ Bi lo I
Bradshaw I
Otis \
s~.
uJ//r>~p} (/to
~ t1 °
I . .
• •
• -
• •
ROLL CALL
Moved Seconded Ayes Nay Ab sent Ab s t a i n
Hiqdav
Neal
Fl tzoatrick
Weist
Bi lo
Bradshaw
Otis
~ b 17 &1 1Tki!llt'*-
IW ,/f'U14L /1 t~IV--M.
I q ! .,.t-,()
1113 ·~_) . r 4' j,e a,-4'
• I . •
• •
•
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain -~1nt1ay ' Neal I
v-Fitzoatrick I
Wei st I
i.----Bi lo I
Bradshaw I
Otis \
'-
•
• I •
•
• -•
• •
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H1qdav
Neal
Fl tzoatrick
Weist
Bi lo
Bradshaw
Otis
------
• I . .
• •
-
•
•
•
• •
COUNCIL CHAMBERS
City of Englewood, Colorado
October 18, 1982
I {l
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe Coun-
ty, Colorado, met in regular session at 7:30 p.m. on October 18,
1982.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Council Member Fitzpatrick.
The pledge of allegiance was led by Boy Scout Troop No. 92.
Mayor Otis asked for roll call. Upon a call of the roll,
the following were present:
Council Members Higday, Neal, Fitzpatrick, Weist,
Bilo, Bradshaw, Otis.
Absent: None.
The Mayor declared a quorum present •
• •
Also present wer e :
• •
• • • • •
Acting City Manager Vargas
City Attorney DeWitt
Fire Chief Broman
Deputy City Clerk Watkins
• • • • •
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF OCTOBER 4, 1982. Council Member Fitzpatrick
second d he o ion . Upon a call of the roll, the vote resulted as
fol low :
Ayes: Council Members Higday, N al, Fitzpa rick, w is , Bilo, Bradshaw.
Nay s: Non .
Ab ain: Mayor 0 is.
Th Mayor decl r d he mo ion carri d.
• • • • * • *
•
I • •
•
October 18, 1982
Page 2
•
• -
COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM
7A -AN ORDINANCE CONCERNING AMUSEMENT DEVICES. Council Member
Bilo seconded the motion. Upon a call of the roll, the vote re-
sulted as follows:
Ayes:
Nays:
Counci l Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
City Attorney DeWitt stated Item 7A was an ordinance for
the control of amusement establishments, commonly known as the
amusement device ordinance. The ordinance provides for the
definition of certain types of establishments, provides for the
licensing thereof and monitors certain activities that take place
therein.
Council Member Bradshaw prefaced her motion by stating in
light of the numerous phone calls that have come in it would be
wi se to table this particular council bill to allow more input from
the different people involved.
COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO.
41, SERIES OF 1982. Council Member Bilo seconded the motion.
Council Member Neal proposed to hear from the people wh o
came down to address the ordinance.
Council Me mber Bradshaw stated he reason to table was to
form a committee made up of owners, council members, repre senta-
tives from the sc hool s , and the Ci y A torney o r his des ignee to
study and make recommendations o Council by he November 15 h
meeting.
Council Memb r Higday and Council Memb r Fitzpa rick spoke
in favor of abling h council bill.
Council Member Neal sugges ed a motion to suspend the
rules and allow for pre-schedul d visi ors and o her visitor s to
address th specific ordina nce.
Council M mber Silo wi hdr w hiss cond to th motion to
abl Council Bill No. 4 1. Council Memb er Bradshaw withdr w her
motion o able .
COUNCIL MEMB R HIGDAY MOVED TO ALLOW ANY PRE -SC HE DULED
VISITORS THAT CA ME TO SPEAK ON THIS PARTICULAR ORDI NAN CE , AGENDA
IT M 7A TO S PEAK NOW. Council M mber Silo conded th motion •
•
I • •
•
October 1 8, 1 982
Page 3
•
• -
Upon a c all of the r oll, the vote resulted as follows:
Ayes:
Nays:
Coun c il Members Higday, Neal, Fitzpatr ick ,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the mot i on carried.
Mayor Ot i s c al l ed for the pre-sc heduled speakers.
Craig Matthies and Floyd Matth i es, 1496 South Osage, and
business address of Cosmos, 39 3 2 South Broadway, came forward. Mr.
Floyd Matthies went through the ordinance. On 9-2-2 (d) he did not
see too much difference between pool and billard tables; and it was
a matter of opinion of whether a person liked video games or
bowling alleys.
On 9-2-5 (b ), Mr. Floyd Matthies did not understand the
def i nition of manager. Mr. Ma tthies stated the federal law
ent i t l e s 1 8 year olds to vo te, serve in the armed serv ic e s , bu t y e t
they were no t al lo wed to s eek emp l oyment in these places.
On 9 -2 -5 (b ), (7 ), Mr. Matthies question the 1,000 foot
l i mi t and how it would app l y to game rooms in shopping c enters.
On 9-2-8 , Mr. Matth i es unders t ood a li c ens e fee i n c reas e
b ut wa s a g ai n s t dou b li ng t h e amount. He was ag ai ns t th e $7 5.00
i nv es igation fee on the bas i s it wa s un j us ifiabl e.
On 9 -2-15 (2) Mr . Matthies sated h e co u ld not enforce the
dls urbances off his pr miss .
R gardi n g Se ction 3 whic h co n tai ned he e merg ncy claus ,
Mr. Mat hies sated it would be difficult t o enfo r ce keeping kids
out b cause of he year-round school hours and kids on vacation.
Mr. Mathis s ted he controls by this ordinanc
ing h purpos o( k ping kids in your neighborhood.
would go somewh re and ak h ir money ou of Engle wood .
w r
Thy
discuss d Mr . Matthies obj ction o
ed he fe in theor y was to provide
he disturbanc activites which Mr.
Neal sated this was con-
hies do no want any di -
is un willing o pa y fo r t he f e s which a r suppo e
h dis urbances down.
•
I • •
October 18, 1982
Page 4
•
• •
Craig Matthies stated they just feel limited as to what
they can do outside their premises.
Craig Matthies explained their Bible study session on
Tuesday or Wednesday mornings. Mr. Matthies stated they were
trying to reach out to kids and operating a video game room was a
means. The intention was not to encourage problems such as
ditching school in order to play video games.
Mayor Otis asked for the next speaker.
Ron Monroe, Manager, Bumpers, Cinderella City, 701 West
Hampden Avenue, came forward. Mr. Monroe was representing himself
and Mr. Drazen, the owner . Mr. Monroe stated he had been in the
education field for several years and thought the best place for
kids to be during the school term was in school. He expressed
concern about keeping kids out of the amusement centers when they
are on vacation from school referring to Concept fi, year-round
school. Mr. Monroe stated the ordinance was unfair to these kids.
Mr. Monroe stated he has spoken at career fairs held at schools and
stated today 's technology in video games can open doors for kids
who want to go into electrical engineering or graphics.
Mr. Monroe opposed the licensing fee and the clause pro-
hibiting kids from coming into the amusement centers during cer-
tain hours of the day.
Mr. Monroe stated Mr. Drazen wan d to go on record that
he did not receiv any notification of this change in ordinance and
feels it is a viola ion of his consti u ional rights as a business-
man.
Council M mb r Fi zpatric ask d if Mr. Monro had ev r
question d any of h sud n s in his es ablishment if they w re
ditching school.
Mr. Monroe sta d he does alk 0 them . Mr. Monro s a ed
kid b cau1 of chool. They m y nd up in h arcad
in a w er ver kid go. Thy re ruant fro school no
having •Pac-Mana ack, bu becau e h y are
•Y fro chool.
he Cly pass s ar
ck s a d all th ordnances ha
the nglewood S ntin 1.
COUNCIL
AGENDA U D
LICHT OF TH
TH CHILDR N
1ST MOV OTO GO ACK TO THE R CULAR
0 VISITO s · OR IT MS A, 8, ~o C IN
SOM O TH PAR NTS MAY 8 XP CTI G SOM 0
THI HOU • Council M er lip rte
•
I • •
•
• •
October 18, 1982
Page 5
seconded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes: Council Members Higday, Neal , Fitzpatrick,
Weist, Bilo , Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried •
• • • • • • •
Pre-scheduled visitors, Firefighters Don Schoenbein and
Randy Pickrel, were in attendance to present the award prizes to
the winners of the 1982 Fire Prevention Poster Contest. Mayor Otis
viewed the winning posters and presented the honors to the child-
ren.
• • • • • • •
Pre-scheduled visitors, Mr. Allan Fleming and Ms. Jody
Bachelor, were present. Mayor Otis presented Mr. Fleming and Ms.
Bachelor with a citizens award for saving Mrs. June Hively's life
during a fire in Mrs. Hively's Englewood home •
• • • • • • •
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION
DEC LARING OCTOBER 17 -23 , 1982 , AS NATIONAL BUSINESS WOMEN'S WEEK.
Council Memb r Neal seconded the motion. Upon a call of the rol l ,
h voe resulted as follo ws:
Ayes: Council Memb rs Higday , Ne al , Fitzpa r ick ,
W is , Bilo, Bradshaw, O is .
Nays: None.
Th Mayor declar d he mo ion carried.
Pre-sch dul d vi i or , O bbi Van Epps, Pr sid nt of the
Englewood Bu in ss and Prof ssional Women's Club, was no pr ent
o ace p he proclama ion.
Mayor o is ins rue ed staff to s
rec iv d he procl m ion.
• • • •
ha th worn n's club
• • •
Th Council r urn d to discussion on uae n ordinance.
•
I • •
I
•
October 18, 1982
Page 6
•
• •
Mr. Raymond Miller, 936 E. 18th, Denver, attorney
appearing on behalf of pre-scheduled visitor, Richard Babich of
1537 West Alamade, came forward. Mr. Miller stated Mr. Babish
operated Automated Amusements and distributed amusement devices.
Mr. Miller stated the goals of the proposed ordinance were
laudable; however he had some problems with some of the prov isions.
Mr. Miller objected to the time limitation being too restrictive.
Mr. Miller stated the licensing procedure was too restrictive, one
violation and the license can be revoked. Mr. Miller stated there
were truancy laws to enforce keeping kids in school. Mr. Miller
stated this enforcement should be placed on the parents and school
officials not the businessman. Mr. Miller stated there are manda-
tory school attendance laws. Further some of the arcades are in
shopping malls are governed as to the hours they can stay open.
Council Member Neal asked if Mr. Miller had any objec-
tion to Section 9-2-15 (2) whi ch in some fashion makes an operator
reponsible for what is happing immediately around him.
Mr. Miller stated it goes to imposing a burden wh ich is
rightful, but there were ordinances outside the licensing provision
to handle these problems. Mr. Miller stated the objection was not
with the goal but with the burden and where it is placed.
Mayor Otis called for the next speaker.
Mr. Robert Briola, Bob's Grocery, 3296 South Washington,
came forward. Mr. Briola stated he was interested in the topic
because he had 3 machines; however, he had not had enough time to
think over the ordinance.
Mayor Otis call d for the next speaker.
Evan Lipstein, 7000 W. 14th, Lakewood, came forward. Mr.
Lipstein was repr senting Bally Manufacturing Company, the Funway
Fre way Amusement Center in Cind rella City. Mr. Lipstein ob-
ject d o the discr tion given the Director of Finance in licens-
ing th stablishm nts. Mr. Llpst in qu stion the 1,000 foot
limita ion. Mr. Lipst in asked for a cl arer definition of light-
ing requirements. Mr. Lips ein agreed with Mr. Miller in that the
im llmi was too r strictive.
M yor Otis called th next sp aker.
Mark Norek, 4975 Sou h Logan, came forward. Mr. Nork
a ta d h wa s a buy r/m rch ndis r for Southland Corporation for
Colorado, U ah, and New M xico. Mr. Nork a a ed h agr d wi h
he com d hus far again he ordinance. H agr ed to
enac of commi e fro he business comfflunity, from he
~-~-----------~---~ _ __.. _____ .__ _______ _
I • •
r
•
October 18, 1982
Page 7
•
• -
Englewood community, from City Council, and he would be glad to
discuss 7-ll's past experience in the video business and Sileo West
wh ich is 7-ll's representative in the video amusement game busi -
ness, to put our recommendations, our time and energy with the
Council and any committee that wants to meet to fix this situation
and in a sense that everyone is happy with what's going on in the
communit y with video and pinballs, arcades, or whatever.
Council Member Bilo asked how he lighted his machine
area.
Mr. Norek stated we have asked the managers to take a
couple of lights out in the game areas and to dim out only certain
areas.
Mayor Otis called the next speaker.
Joe McGovern, 2280 South Xanadu Way, Suite 230, with the
regional offices of Show Biz Pizza Place. He agreed with Mr.
Mil ler about the restrictive time limit. Mr. McGovern stated he
did a substanti al business throughout the day with day care
centers, moms and dads bringing in children, etc. Mr. McGovern
stated he remembered what he was doing back in Hawaii when he was
cutting school. It was not sipping Coke and playing vide o games.
He wished it had been because he might have saved four or five
years of his life.
May or Otis stated Council was not satisfied with the
present ordinance. Th author of the council bill has offered to
table it and set up a commi ee to see what can be done.
COUNCIL MEMBER NEAL MOVED TO TABLE THE COUNCIL BILL UNTIL
THE 2ND MEETING IN NOVEMBER AND TO ESTABLISH A COMMITTEE TO STUDY
THE BILL. Council Memb r Fitzpatrick seconded the motion. Upon a
call of he roll, the vote resulted as follows:
Ay s:
N y
Council Members Higday, Neal, Fitzpatr ick ,
Weist , Bradshaw, Otis.
Council Member Bilo.
Th Mayor declared the motion carried.
Council Memb r Bilo stat d he VO ed the nay b caus he
would probably b OU of town for the second m ting in Nov mber.
City A torn y D Wi s t d in r writing the ordinance
Council would hav to act upon 1 two tim s, am ndm nt on the 15
and final reading h firs mee Ing in D cember.
•
h I • •
-•
• •
October 18, 1982
Page 8
Council Member Bilo changed his vote to aye .
COUNCIL MEMBER BRADSHAW MOVE D TO RECON S IDER THE MOTI ON.
Counc i l Member Bilo seconded the motion. Upon a c a l l of the r oll ,
the vote resulted as follows:
Ayes:
Nays:
Council Members Hi gday, Neal, Fitzpatrick,
Weist, Silo, Bradshaw, Otis.
None.
The Mayor declared the motion c arried.
Upon a call of the roll, the vote on the original motion
resulted as follows:
were:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Wei s t, Silo, Bradshaw, Ot i s.
None.
The Mayor declared the motion carried.
* * * * * * *
There wer e no ot her v i s i tor s a t thi s time.
* * * * * * *
•communications -No Action Reco mmen ded • o n th e a g enda
(a)
(b)
(c)
(d)
( )
(f)
Minutes of the Board of Ca r eer Se r vice Com-
missioners meeting of Aug ust 19 , 1 9 82 .
Minutes of the Urban Rene wal Authority meet-
ing of September 1 , 1982.
Minutes of the Planning and Zoning Commission
meting of Septemb r 21 , 1982.
Minutes of the Liquor License Authority m t-
ing of October 6 , 1 98 2 .
Minu of th Public Library Advisory Board
me ing of October 12 , 1 98 2.
M morandum from the Di r ector of Engineering
Service to th City M nager cone rning his
a ndance a the APWA Congre sand Equip-
I • •
-•
• •
October 18, 1982
Page 9
(g)
ment Show in Houston.
Memorandum from a Battalion Chief and Captain
in the Fire Department to the City Manager
concerning their attendance at a Hazardous
Materials Tactics Seminar in Nashville.
COUNCIL MEMBER NEAL MOVED TO ACCEPT •coMMUNICATIONS -NO
ACTION RECOMMENDED•, AGENDA ITEMS 5(A) -5(G). Council Member Silo
seconded the motion. Upon a call of the roll, the vote resulted as
follo ws:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatr ick ,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried •
• • • • • • •
May or Otis declared a recess at 9:00 p.m.
vened at 9:10 p.m. Mayor Otis asked for roll call.
the roll, the following were present:
Council recon-
Upon a call of
Co un cil Member s Higday, Neal, Weist, Silo, Bradshaw,
Otis.
Absent: Council Memb er Fitzpatrick.
The Mayor d clared a quorum present •
• • • • • • •
BY AUTHORITY
ORDINANC NO. 42
SERIES OP 1982
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANC APPROVING AN AGREEMENT WITH BOARD OF COUNTY COMMIS-
SIONERS, ARAPAHOE COUNTY, STATE OF COLORADO , PROVIDING MUTUAL
ASSISTANC IN PROVIDING TRANSPORTATION TO SENIORS AND HANDICAPPED
S NIORS.
S IES 0
o ion.
COUNCIL M MB RN AL HOV D TO PASS COUNCIL BILL NO. 44,
1982, ON FINAL R ADING. Council M • r Bilo seconded th
Upon• call o! he roll, h vo • resulted s follows:
Ay a: Council M r s H day, al,
I • •
-
•
October 18, 1982
Page 10
Nays:
Absent:
•
• •
Weist, Bilo, Bradshaw, Otis.
None.
Council Member Fitzpatrick.
The Mayor declared the motion carried.
* * * * * * *
Council Member Fitzpatrick entered the meeting at 9:1 5
p.m.
ORDINANCE NO. 43
SERIES OF 1 982
* * * *
BY AUTHORITY
* * *
COUNCIL BILL NO. 48
INTRODUCED BY COUNCIL
MEMBER BILD
AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN
THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY
DI STRICT FOR 1983.
COU NCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 48,
SERIES OF 1982, ON F I NA L READING. Council Member Bradshaw sec-
onded the mo tion . Upon a call of the roll, the vote resulted as
fol lows:
Ayes: Council Memb ers Higday, Neal , F it zpatr ick ,
W is , Bilo, Bradshaw, Otis.
Nay s: None.
The Mayor d clared the motion carried.
ORDINANCE NO. 44
SERI S OF 1982
*
A O DINANC FIXING TH
ASS SS D VALUATIO 0
GL WOOD, COLO ADO,
* * *
BY AUTHORITY
* * *
COUNCIL BILL NO. 49
I NTRODU CED BY COUNCIL
MEMBER BILO
TAX LEVY IN MILLS UPO N EACH DOLLAR OF TH£
ALL TAXABLE PROPERTY WITHIN THE CITY 0
OR THE YEAR 1983 AND ESTABLISHI NG A MILL LEVY I • •
October 18, 1982
Page 11
•
• •
FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DE -
CLARING AN EMERGENCY.
City Attorney DeWitt noted a letter from the Englewood
Downtown Development Authority which was included in the packe t.
Mr. De Witt stated the letter supports the establishment of the mill
levy at 5 mills for the EDDA for 1983.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 49,
SERIES OF 1982, ON FINAL READING. Council Member Bradshaw sec-
onded the motion. Upon a c al l of the roll, the vote resulted as
follo ws:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried .
ORDINANCE NO.
SERIES OF 1982
• • • •
BY AUTHORITY
A BILL FOR
• • •
COUNCIL BILL NO. 50
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEE S
FROM VIOLATI G THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY
ADDING SECTION 5, TO CHAPTER 3 , TITLE 11 OF THE EMC '69, AS
AMENDED.
COUNCIL MEMBER NEAL MOVED
SERIES OF 1982, ON FIRST READING.
onded he mo ion. Upon a call of
follows:
TO PASS COUNCIL BILL NO. 50,
Council Member Fitzpatrick s c-
he roll, he vote resulted as
Ay Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Nays: None.
Th Mayor d cl rd h mo ion c rri d.
• • • • • • •
BY 1.UTHORITY
I • •
-
October 18, 1982
Page 12
ORDIN ANCE NO.
SERIES OF 1982
A BILL FOR
•
• •
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER FITZPATR ICK
AN ORDI NAN CE APPROV I NG AN AGREEMENT WITH REGIONAL TRANSPORTATION
DISTRIC T.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO.
54 , SERIES OF 1982 , ON FIRST READING. Council Member Bilo sec-
onded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The May or declared the moti on carried .
ORDINANCE NO.
SERIES OF 1982
* * * *
BY AUTHORITY
A BILL FOR
* * *
COUNCIL BILL NO. 51
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING SUBSECTION (3) OF SUBSECTION (A) OF SECTION
2, CHAPTER 6, TITLE XIII OF THE '69 ENGLEWOOD MUN ICIPAL CODE, AS
AMENDED, BY CHANGING REFERENCE TO COLORADO STATE LAW.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 51,
SERIES OF 1982, 0 FIRST READ! G. Council Member Fitzpatri ck sec-
onded he mo ion. Upon a call of h roll, the vote resulted a
follows:
Ay s: Council M 11b rs Higday, Neal, Fitzpatrick,
w is , Bilo, Bradsha , Otis.
Nays: None.
Th Mayor d clared th mo ion carri d.
* * • • • • • I • •
October 18 , 1 982
Page 13
•
• •
COUNCIL MEMBER BRADSHAW MOVED TO PASS A PROCLAMATION DE -
CL ARING OC TOBER 24, 1982, AT •uNITED NATIONS DAY•. Council Mem -
ber Bilo seconded the motion.
Council Member Neal spoke against the proclamation based
on the United States' policy of action if Isreal is thrown out of
the United Nations.
Upon a call of the roll, the vote resulted as follows:
Ayes: Cou ncil Members Higday, Bi l o, Bradshaw.
Co unc il Members Neal, Fitzpatrick, Weis t ,
Otis .
Nays:
The May o r declared the motion defeated.
* * * * * * *
City Attorney DeWitt stated the Odd Fel lows case would be
argued in Arapahoe District Cou rt on October 22, 1982 , at 8:30 a.m.
and invited the Council to attend.
* * * * * * *
City Attorney DeWitt stated he was work ing on the do wn-
town ordina nce and would be following up with the landscaping or-
dinance in the near future .
* * * * * * *
City Attorn y De Witt stated he would be out of the office
on October 20 and 21.
* * * * * * *
Acing Ci y Manag r Vargas pr sented a Council Communi-
c ion cone rning h 1982 Concrete R pl cm n Program and award
of cons rue ion con rac or th program. The low bidd r wa J,
Coner te.
CONTRACT
CR TE IN
s cond d
ollow :
COU NCIL MEMBER BRADSHAW MOVED TO AWAR D THE CONSTRUCTION
FOR TH 1982 CONCRETE REPLACEMENT PROGRAM TO J, N CON-
THE AMOUNT OF $18,597 .21. Council Memb er Fitzpatrick
h mo ion. Upon a call of h roll, h vot resul d as
Ay S: Council M mb rs Higday, Neal, Fi zpatrick,
Wi s , Silo , Br dshaw, 0 is .
•
I • •
-
•
October 18, 1982
Page 14
Nays: None.
•
• •
The Mayor declared the motion carried.
* * * * * * *
Acting City Manager Vargas referred to a memorandum con-
cerning the 1983 budget and asked if Council was in agreement.
COUNCIL MEMBER BRADSHAW MOVED TO DISCUSS THE 1983 BUDGET
IN A STUDY SESSION ON MONDAY, OCTOBER 25, 1982, AT 5:00 P.M. Coun-
cil Member Bilo seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
* * * * * * *
Mayor Otis asked for volunteers to sit in the viewing
sand for the Veteran's Day parade, November 11, 1982.
No one volunteered.
* * * * * * *
Mayor O is reminded Council of the need to appoint re-
placements for the vacancies on the Non-Emergency Employees Re -
irement Board and on the Election Commission. Mayor Otis sta d
h recommend d Bill Byer for the Retirement Board and Mr. Devol for
he Elec ion Com ission.
Council concurr d.
* * * * * * *
Council in ruct d the City Attorney to prepare a pro-
clamation to declare the we ek of November 21 -28, 1982, as Nation-
al Bible W k.
* * * * * * *
Mayor O is s a ed there will b no parking signs posed
for the annu 1 holiday parad his year nd no parking will be n-
orced s ric ly. Mayor O l ta d Dorothy Romans wa s handling he I • •
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October 18, 1982
Page 15
mechanics of the enforcement and to contact her if there were any
problems.
* * * * * * *
Mayor Otis informed Council Pat Crow, the City Manager's
secretary, was in the hospital and that a card and flowers woul d be
sent to her.
APPOINT
NANCE.
call of
* * * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE MAYOR TO
COMMITTEE MEMBERS TO WORK ON THE AMUSEMENT DEVICE ORDI-
Council Member Fitzpatrick seconded the motion. Upon a
the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * * *
COU NCIL MEMBER BRADSHAW MOVED TO HOLD A PUBLIC HEARING ON
NOVEMBER 15, 1982, AT 7:30 P.M. OR AS SOON THEREAFTER AS COUNCIL
CAN HEAR THE MATTER ON AMENDMENTS TO THE REDEVELOPMENT PLAN. Coun-
cil Member Neal seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
Nays: None.
The May or d clared the motion carried •
* * * • • • •
Council M mb r Fitzpatrick asked that answers to various
qu s ions on th r development plan be available at the study ses-
sion on October 25, 1982 .
• • • • • • •
Acting City Manager Vargas sated information concerning
th sew r ra e analysis would be available at the October 25th
tudy s salon • I • •
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October 18, 1 982
Page 16
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There was no further business to discuss.
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN.
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Mayor Otis adjourned the meeting without a vote at
9:35 a.m.
Deputy City Clerk
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OOARD OF CAREER SERVICE CXHilSSICH:RS
SEPIBIBER 16, 1982
MINUI'ES
5
PRF.SENI': Jo Ellen Turner, catherine Pokraka, Janet Kerzic, funald Weber.
Betty Keena ABSEITT':
arnERS
PRESENI': Benjamin Craig, Career Service Board Attorney
Peter Vargas, Assistant City Manager
•
Mel BeVirt, Enployee Relations Director
Tan l:blland, Assistant City Attorney
Jim Branan , Fire Chief
Randy Pickrell , F.F.A. President
Jim Haugsness , Battalion Cllief
Miles Kubly , Tony Jeffers, Craig Stovall,
Mike Gruninger, Fire Department Ehployees
• • • • • •
Cllainnan Weber called the meeting to order. Q:mni ssiooer Pokraka requested that upon
review of tbe tape , the following revision be made to the Augu.st 19, 1982 minutes :
Page 2, 1st paragraph , last seotence:
"Q:mni.ssioner Pokraka asked Peter Vargas , Assistant City Manager to
clarify if the Board has any written guidelines as to what are the
Adninistrative Procedures and if the old written ordinances are
still in effect."
Q:mnissioner Kerzic ooved, seconded by Q:mnissiooer Turner to approve the
August 19, 1982 minutes with the correction.
AYES : Tunler, Pok.raka, Kerzic, Weber.
NAYS : Non .
• • • • • •
Item thr on the Agenda was the Associations' Clloice. Randy Pickrel, Firefighters
iat ion President had no bu.sin s to pre nt . Tbere were no representatives
of the Polic Ben fit or Drploy Association present.
• • • • • •
It f our on the Agenda t City lBllager's 0¥>ice. Peter Vargas,
City ager present to respood to any questions the Board might
t.o h i 1 tt r regarding t rit Appeal System. The Board was in
t 1 tt rand had no q tL for Mr. Vargas.
• • • • • •
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LIQUOR LICENSE AUTHORITY
MINUTES
October 13, 1982
5 B
The meeting was called to order at 7:40 p.m. in the Library Conference Room by
Chairperson Donald Styes after the Authority met briefly in executive session.
MEMBERS PRESENT :
MEMBERS ABSENT:
ALSO PRESENT:
Donald Styes, Frances Cosby, Ronald Blanchard, Lloyd Bryan
Ron Lunders
Charles GrifTITI, Assistant City Attorney
Eric Johannisson, Revenue Chief
Brenda Castle, Recording Secretary
• • •
MR. BRYAN MOVED, AND MR. STYES SECONDED, TO REVOKE THE 3.2 BEER (OFF PREMISES) LICENSE
OF ROBERTS. BRIOLA, OBA BOB'S GROCERY, 3296 SOUTH WASHINGTON STREET, ENGLEWOOD, COLORADO.
AYES:
NAYS:
ABSTAIN:
The motiQn carried.
Donald Styes, Lloyd Bryan
Ronald Blanchard
Frances Cosby
Mr. Styes stated that a copy of the written Findings of Fact, Conclusion and Decision
will be mailed to Gerald Gerash, attorney for Mr. Briola, stating the basis for the
decision.
• • •
Attorney Dan W. Carr, Scott Diamond and James Furry, were present representing
Grand American Fare, Inc. dba Puddin Boots, 5180 South Broadway, Englewood, Colorado,
for the Change of Ownership application. The establishment was formerly The Ground
Round.
RONALD BLANCHARD MOVED, AND LLOYD BRYAN SECONDED, TO APPROVE THE CHANGE OF OWNERSHIP
APPLICATION OF PUDDIN BOOTS, 5180 SOUTH BROADWAY, ENGLEWOOD, COLORADO.
AYES:
NAYS :
ABSTAIN :
The motion carried.
•
Donald Styes Ronald Blanchard, Lloyd Bryan
None
Frances Cosby
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Item five on the Agenda was the O:mnissioners' Ox>ice. O:mnissioner Pokraka
stated that upon a partial review of the newly printed Oiarter, she had noticed
that the definition of "Strike" on page C-24 had been printed in error.
Ccmni.ssioner Pokraka stated that she \\Ould like to cooplete her review by ccq)aring
the printed copy of the amended Hare Rule Charter with the published Olarter
Amendments in the February 4, 1982 edition of the Engl™°Od Sentinel. Chainmn
Weber asked that both Carmissioner Pokraka and Camri.ssioner Turner ~rk together
on this matter and report any discrepancies at the next regularly scheduled meeting .
Chairman Weber opened the hearing to detennine the timeliness and substance
of a Merit Appeal filed by Uiles Kubly, Firefighter 3rd Class. Olainmn Weber
read into the record the Appeal dated August 23, 1982 concerning the questions
contained in the Driver/~rator/Engineer Examination.The Board received testinDny
fran both Miles Kubly and the City's representatives.
After consideration of all testim:>ny received, the following detenninations
were rendered:
Ccmni.ssioner Pokr:lka. IIDVed, seconded by Camri.ssioner Kerzic that the subject
matter of this appeal was within the Board's jurisdiction to hear and was
appealable.
AYES : Turner, Pokraka, Kerzic, Weber
NAYS : None
O:mnissioner Turner roved, seconded by Camri.ssianer Kerzic that the Appeal
of Miles Kubly was not timely.
AYES : Turner , Pokraka, Kerzic, Weber
NAYS : None
Olai:nran Weber explained that the Board has determined that the subject rmtter
of the Appeal was within the Board's juri.sdictioo to consider according to
the Merit Principles section of the Clla.rter . Tbe Board further detenni.ned
that as the Appeal was based upon the questions contained within the exam,
that it should hav been filed within five days of the date of the examination,
not five days fran the ting of the ligibility list, and therefore is detenni.ned
to be unt ly. 'Ibis is in accordance with the Ordinances, 5-3-1: Merit Appeals.
Randy Pickrel thanked the Boa.rd for their time and oonsideratian of the Appeal
and apologized for not 111lking it clear at the t of the bearing that he
representing Mil Kubly a personal friend and not a representative
of the Firefight rs iation .
• • • • ••
ting o! the Career
. Olainmn
rvic
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Liquor Lic e ns e Authority
October 13, 1982
page 2 -
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Mr . Bryan poi nted out two errors on the mi nutes of the public hearing October 6 , 1982,
regarding Bob's Grocery. The date of the hearing was incor r ectly stated as
October 7, 1982 and the dates listed under item B of the City Exhibits should have
bee n 1981 , 1982, and 1983 .
MS . COSBY MOVED, AND MR . BRYAN SEC OND ED TO APPROVED THE MINUTES AS CORRECTED .
AYES:
NAYS:
The mot i on carried .
Donald Styes, Ronald Blanchard, Frances Cosby, Ll oyd Bry an
None
* * *
The Authority received a -Manager's Registration Form from Showb i z Pi zza Place, Inc.
for J. Martin Schouten, along with the required letters of reconmendation, pol ice
report, etc.
MR . BLANCHARD MOVED, AND MS . COSBY SECONDED, TO APPROVE THE APPLICATION FOR
J. MARTIN SCHOUTEN AS MANAGER OF SHOWBIZ PIZZA, INC. .
AYES:
NAYS :
The mot i on carried .
Donald Styes , Ronald Blanchard, Frances Cosby, Ll oyd Bryan
None
* * *
MS. COSBY MOVED, AND MR . BLANC HARD SECONDED, TO APPROVE THE FOLL OWING APPLI CATION S
FOR RE NEWAL :
MD Pha rm acy , 28 95 S. Broadway, Li quor Li censed Dru g Store , ex pires 12/31/82
Belleview Bow l O Mat Lou nge, I nc. 4900 S. Fede ral Blvd., Ta vern, expi re s 12/31/82
Araps Old Gun Shop, 3866 S. Broa dw ay, Tavern, expires 12/4/82
BPOE Lodge No . 2122, 3690 S. Jason, Club, expires 12/31/82
EZ Liquors, Inc . 3353 S. Santa Fe, Retail Liquor Store, expires 12/9/82
AYES :
NAYS :
The motion carried .
Donald Styes, Ronald Blanchard, Frances Cosby, Lloyd Bryan
None
* * *
Mr . Johannisson told the Authority that, as per their r eque st of Septembe r 22 , 1982,
he had checked into the remo deling of Bellevi ew Bow l O Mat Loun ge and f ou nd t hat
the changes that have taken place do not effect the license and are of a superficial nature .
* * *
I • •
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liquor license Authority
October 13, 1982
page 3 -
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The secretary brought to the Board's attention that Mr. Styes' tenn as Chairperson
would expire November 3, 1982.
* * *
There being no further business to discuss, the meeting was adjourned at 8:20 p.m.
~d-~/ BRENbATcALE
Recording Secretary
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SC.
MEMORA NDUM
TO: Mayor and Members of City Counc i l
FROM: Andy Mccown, City Manager
DATE: October 26, 1982
SUBJECT : REPORT ON ICMA ANNUAL CONFERENCE
The 68th Annual Conference of the Internat i onal City
Management Associat i on was held in Louisville, Kentu c ky ,
October 17 -21, 1982. This conference wa s of special
s i gnificance to both Genia and myself as I was inducted
as Vice Pres i dent on the Board of Directors represent i ng
the Mountain-Plains region. I must tell y o u that th i s was
quite an experience as I have never been treated as
royally and catered to in all my life as I was at the
conference. It was th~ experience of a l i fetime and som e -
thing I wi ll never forget .
The c onferenc e feature d keynote s peakers every mor ni ng
who were al l very interesting . The speakers and th ei r
top ic s were : Herb Cohen -The Art of Negot i ations;
Jeff Green f ield -Revolut i on in I nformation Technolog ies;
Elizabeth Drew -The Chang i ng Federal System; and Le s te r C.
Thurow -Current Ec onom ic Trends . As you can gue ss, a
major emphasis of the con f erence was on the economy,
Reagonmics , and how th is is and will be affe c ting lo c al
governments . Anothe r ma j or portion of the c onferen ce was
dedicated to te c hno l og y advance s , part icu l ar ly i n th e
area of c ompu te r s a n d wo rd pro cess ing . A th i r d ma jor
emp hasis wa s on t he man ager a s a n i nd ivid ual a nd included
some joint sessions with s po us e s on the topics of stress,
financial security, parenting, etc. Genia a n d I went to
several of these sessions and enjoyed them very much.
As always, I feel that one of the most important elements
of these conferences is merely the opportunity to meet and
discuss mutual problems with your peers from all over the
nation. There were over 2,500 members at the conference
including several from foreign countries. It is always
amazing to me that despite the wide difference in various
areas of the country, ho w similar the nature of our problems.
I sincerely thank Council for the opportunity t o attend the
conference. I also want you t o kn ow I ap p r eciat e yo ur
continued support.
rely, / ~~
Manaa r
pc
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C O U N C I L C O M M U N I C A T I O N
DATE AG ENDA ITEM S UB JECT
Oc tober 27, 1982 fu Fund Transfer to URA for Pro ert Ac uisit io .
INITIATED BY Englewood Urban Renewal Author i t y
ACT I ON PROPOSED Transfer of $ 6 7 ,000 from the Cit y Public Improvement Fund t o
the Ur ban Renewal Authority for the purchase of property requ i red for the Li ttle Dry
Creek Flood Improvement Project.
INTRODUCT ION AND BACKGROUND :
City Council a do p ted the Englewood Downt own Red eveloplDP.nt Plan (U rban Re new al Plan) on
August 23 , 1982 . Th is Pl an ind i cated that c ertai n pro pert i e s would be requ i r e d for the
Flood Improvement Proj ec t a l ong Little Dry Creek and would need t o be a c quired by City
Council and the Urb an Re newa l Author i t y .
City Council has p r eviously expressed the desire for the Urban Renewal Author i t y t o be
the agency which will acqu i r e property in furtheran ce of the Downtown Redeve lopmen t Plan .
Since bonds have not a s ye t bee n issued f or the pub lic i mp rovement proj e c t s outlined in
the Plan , it will be nece ssary for City Counc il t o trans fer monies to the Urban Renew al
Au t hority to accom plish a ny i 111ned i ate prope rty a cqu isi t ion wh ich may be deemed a ppropr iat
Funds have been appr opria ted in the 19 8 2 Budg e t, specifically to the Pub lic I mpr oveme n t
Fund, for activitie associated with the i mp r ovem nt of Little Dry Cr eek, which would
include land acquisition . City staff has been nego t iat ing with t he own e r of t he prop-
erty at 3767 South Clarkson Street, who wants to sell his property as soon as possible,
for area onable selling pric • It is concluded that such a price h s been reach d.
RECOMMENDATIO:
B ed on a qualifi d appraisal and including oth r factors that staff has deemed p-
propriat in th calculation of a r asonable sellin pric , it is recomm nd d th t
$ 67,000 b transf rred from the Public Improve nt Fund to th Engl wood Urban Ren w 1
Authority ccount for th purchase o! prop rty at 3767 South Clark on, Englewood,
Colorado. This mount do not cov r exp n s incid ntal to th al xp n a
incurr d in th implem ntation of th plan, such a r locati of
th xp n s is as vet undeterain d. Wh n they ar calculat d, th
Authority will mak r qu st for an appropriation from Council to me nta
xp n a s .
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CITY OF ENGLEWOOD, COLORADO
URBAN RENEWAL AUTHORITY
RESOLUTION NO. 4
Series of 1982 ~~
A RESOLUTION OF THE URBAN RENEWAL AUTHORITY REQUESTING CITY COUNCIL TO
TRANSFER $67,000 FROM THE CITY PUBLIC IMPROVEMENT FUND TO THE ACCOUNT OF
THE URBAN RENEWAL AUTHORITY FOR THE ACQUISITION OF PROPERTY.
WHEREAS, the City of Englewood has adopted a Downtown Redeve lop-
ment Plan (Urban Renewal Plan); and
WHEREAS, the Plan recognizes the necessity of acquiring ce rtain
properties within the Redevelopment Area (Urban Renewal Area) to accom plish
implementation of the Plan; and
WHEREAS, City Council baa indicated that the Urban Renewa l Au t hority
should have the primary responsibility for Plan imp l ementation, includ i n g l and
a c qu i siti on; and
WHEREAS, Ci ty Counc i l and the Urban Renewal Authority have r ecog-
nized the propri ety of acquiring certain properties i n the i 111111ediat e fu ture;
and
WHEREAS, bonds have not, as yet, been issued b y the Urban Re new al
Authority t o f und property acqui sition and public improvement s.
NOW, THEREFORE, BE IT RESOLVED by the City of Englewood Urban Re-
newal Autho r i ty as follows :
ATTEST :
S cretary
Sect i on 1.
The Eng l ewood Urban Ren ewal Au t ho r i t y reques t s t h e Englewood
City Co un cil to transfer fund s in the aaount of $67 ,000 from
the City Public lJlprov 11ent Fund to the Authority for the
cquiaition of property required for the implementation of
th Englewood Downtown Redevelopment Plan (Urban Renewal Plan).
ADOPTED AND APPROVED THIS _JQ!,h_ day of Octob r, 1982 •
.. ~~
Chairaan
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Mot i on by: Larry Dickinson
Seconded by: Melvin Minnick
-2-
•
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Voting in favor: Robert Voth, Ruth Cole, Larry Dicki n s on, Tom Fl tzpatr lc k ,
R. P, McClung, Melvin Minnick, Robert G. Powell
Members absent: ~~N~o~n~e~~~~~~~~~~~~~~~~~~~~~~~~
Members abstaining: _N_o_n_e~~~~~~~~~~~~~~~~~~~~~~
I • •
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fJJB
RESOLUTION NO.
SERIES OF 1982
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood,
Colorado, adopted the Englewood Downtown Redevelopment Plan
on August 23, 1982, and
WHEREAS, 'nle City Council of the City of Englewood
determined that any necessary property acquisition for the
implementation of said Plan should be accomplished by the
Englewood Urban Renewal Authority, and
WHEREAS, the Englewood Urban Renewal Authority has
requested through Resolution a transfer of funds to accomplish
land acquisition consistent with the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, that
1982.
ATTEST :
Section 1.
nie following appropriation of funds is hereby made
in the Public Improvement Fund.
Application of Funds
Little Dry Creek
Englewood Urban Renewal Authority
Section 2.
$(70,000)
$70,000
nie City Manager and Director of Finance are hereby
authorized to make the above changes to the 1982 budget
of the City of Englewood.
ADOPTED AND APPROVED this ~~ day of
Mayor
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fJJ8
lP ROV EMENT FUND.
th e Ci ty of Englewood ,
~ Rede velo pment Plan
i.ty of Englewood
't ion for the
"led by the
rity has
·complish
L
t:
v ,
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I, Gary R. Higbee, ex officio City Clerk-Treaqurer
of the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of
Resolution No. , Series of 1982.
Gary R. Higbee
I • •
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RESOLUTION NO. 1./tJ
SERIES OF 1982
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood,
Colorado, adopted the Englewood Downtown Redevelopment Plan on August 23, 1982, and
WHEREAS, The City Council of the City of Englewood
determined that any necessary property acquisition for the
implementation of said Plan should be accomplished by the
Englewood Urban Renewal Authority, and
WHEREAS, the Englewood Urban Renewal Authority has
requested through Resolution a transfer of funds to accomplish
land acquisition consistent with the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, that
1982.
ATTEST :
Section 1.
nie following appropriation of funds is hereby made
in the Public Improvement Fund.
Application of Funds
Little Dry Creek
Englewood Urban Renewal Authority
Section 2.
$(70,000)
$70,000
e ty nager and Director of Finance are hereby
authorized to make the above changes to the 1982 budget
of th City of Englewood.
ADOPTED AND APPROVED th is / .,a,1--day of ...,_.,qr...~..:..:...:=-'"-"'--
yor
C O C ty
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I, Gary R. Higbee, ex officio City Clerk-Trea~urer
of the City of Englewood, Colorado, do hereby certify that the
above and forego~~~ is a true, accurate and complete copy of
Resolution No. ~. Series of 1982.
Gary R. Higbee
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ORDINANCE NO. V (
BY AUTHORITY
COUNCIL BILL NO. 50
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEES
FROM VIOLATING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY
ADDING SECTION 5, TO CHAPTER 3, TITLE 11 OF THE EMC '69, AS
AMENDED.
WHEREAS, Certain Code violations occur for or on behalf of a
coporat e entity by its officers, employees or agents, and
WHEREAS, it is necessary to prohibit officers, employees, or
agents from hiding behind the •corporate veil•.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
Section 1. That the '69 Englewood Municipal Code is hereby amended
by adding a Section to be numbered 11-3-5 , which Section reads as
follo ws:
11-3-5: CRIMINAL LIABILITY OF A PERSON FOR CORPORATE CONDUCT
An individual is criminally liable for conduct constituting
a violation of any Englewood Municipal Ordinance which he performs
or causes to occur in the name of or in behalf of a corporation to
the same extent as if that conduct were performed or caused by him
in his own name or behalf.
Introduced, read in full, and passed on first reading on the
18th day of October, 1982.
Published as a Bill for an Ordinance on the 20th day of
October , 1982 .
Read by title and passed on final reading on the 1st day of
Nov mber 1982.
Published by title as Ordinance No.~~~-' Series of 1982, on
the 3rd day of November, 1982.
Eugen L. Otis, Mayor
1' est:
ex officio City Clerk-Treasurer
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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
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ORDINANCE NO. 45 BY AUTHORITY
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COUNCIL BILL NO. 50
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEES
FROM VIOLATING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY
ADDING SECTION 5, TO CHAPTER 3, TITLE 11 OF THE EMC '69, AS
AMENDED.
WHEREAS, Certain Code violations occur for or on behalf of a
coporate entity by its officers, employees or agents, and
WHEREAS, it is necessary to prohibit officers, employees, or
agents from hiding behind the •corporate veil•.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO:
Section 1. That the '69 Englewood Municipal Code is hereby amended
by adding a Section to be numbered 11-3-5, which Section reads as
follows:
11-3-5: CRIMINAL LIABILITY OF A PERSON FOR CORPORATE CONDUCT
An individual is criminall y liable for conduct constituting
a violation of any Englewood Municipal Ordinance which he performs
or causes to occur in the name of or in behalf of a corporation to
the same extent as if that conduct were performed or caused by him
in his own name or behalf.
Introduced, read in full, and passed on first reading on the
18th day of October, 1982.
Published as a Bill for an Ordinance on the 20th day of
October , 1982.
Read by title and passed on final reading on the 1st day of
November 1982.
Published by title as Ordinance No. ~ , Series of 1982, on
the 3rd day of November, 1982.
Eugene L. Otis, Mayor
Attest:
ex officio cl y Clerk-Tr• surer
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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 ~sed on
final reading and published by title as Ordinance No. , Series
of 1982.
Gary R. Higbee
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ORD INANCE NO.
SER IES OF 1982
•
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BY AUTHORITY
COUNCIL BILL NO. 51
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING SUBSECTION (3) OF SUBSECTION (A) OF SECTION
2, CHAPTER 6, TITLE XIII OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS
AMENDED, BY CHANGING REFERENCE TO COLORADO STATE LAW.
WHEREAS, The Colorado Revised Statutes have been amended, and
WHEREAS, there is a reference to the Colorado Revised Statutes
in City Code at 13-6-3(a),
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Subsection (3) of Subsection (a) of Section 2, Chapter
6, Title XIII of the official code of Englewood is hereby amended
to read as follows:
(3) Share certificates for savings accounts
in any state or federally chartered savings and
lo an association in Colorado; provided, however,
that said association is a member of the Federal
Savings and Loan Insurance Corporation (FSLIC);
and, further , that the full amount of each account
is insured by the said FSLIC; and, further, that
the full amount of each account is insured by the
said FSLIC and in any time certificate of deposit
or savings account in any state or national bank
in Color ado in wh ic h certificates of deposit or
savings accounts are fully insured by the Federa l
De po sit ' Insurance Corporation or secured by
collateral securities authorized by 83-l-l
Colorado Revis~d Statute , 1~3, COLORADO LAW, as
amended , whose par value is at least one hundred
percent (100 ) of the deposits held by any bank in
the Sta e of Colorado in the name of the Ci y of
Englewood.
Introduced, read in full, and passed on first reeding on th
18th day of October, 1982.
Publish d as a Bill for n Ordin nee on th 20th day of
Octob r, 1982 •
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Read by title a nd passed on final reading on the 1st day of
November, 1982.
Published by ti tle as Ordinance No·~~~-' Series of 1982, on
the 3rd day of November, 1982.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1982.
Gary R. Higbee
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ORDI NANCE NO.
SERIES OF 1982
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BY AUTHORITY
COU NCIL BILL NO . 51
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING SUBSECTION (3) OF SUBSEC T ION (A) OF SECTION
2, CHAPTER 6, TITLE XIII OF THE '69 ENGLEWOOD MUNICIPA L CODE, AS
AMENDED , BY CHANGING REFERENCE TO COLORADO STATE LAW.
WHEREAS, The Colorado Revised Statutes have been amended, and
WHEREAS, there is a reference to the Colorado Revised Statutes
i n City Code at 13-6-3(a),
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Subsection (3) of Subsection (a) of Section 2, Chapter
6, Title XII I of the official code of Englewood is hereby amended
to read as follows:
(3) Share certificates for savings accounts
in any state or federally chartered savings and
loan association in Colorado; provided, however,
that said association is a member of the Federal
Savings and Loan Insurance Corporation (FSLIC );
and, further, that the full amount of each account
is insured by the said FSLIC; and, further, that
the full amount of each account is insured by the
said FSLIC and in any time ce rtifi cate of deposit
or savings account in any state or national bank
in Colorado in which certificates of deposit or
savings a cc ounts are fully insu red by the Federa l
Deposit' Insurance Corporation or secured by
collateral sec urities authorized by 83 1 1 (13)
eoloretto Rewieea 6taew511r;;, 19il, COLORADO LAW, as
amended, who se par value is at least one hundred
percent (1001) of the deposits held by any bank in
the State of Colorado in the nam of the City of
Englewood.
Introduc d, read in full, and pass don first reading on the
18th day of October , 1982.
Publish d as a Bill for n Ordinanc on the 20th day of
October , 1982 •
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Read by title and passed on final reading on the 1st day of
November, 1982.
Published by title as Ordinance No • .L/ft:; , Series of 1982, on
the 3rd day of November, 1982.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. "f:~ , Series
of 1982.
Gary R. Higbee
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ORDINANCE NO.
SERIES OF 1 98~2~~~
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BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER FITZPATRI CK
AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION
DISTRICT.
WHEREAS, The City of Englewood has received from the Regional
Transportation District funds for transit related improvements;
and
WHEREAS, the City desires to enter into an agreement to
accomplish the improvements:
NOW, THEREFORE, be it ordained by the City Council of the City
of Englewood as follows:
Section 1. An Agreement titled •Regional Transportation District
Transit Street Improvement Agreement• attached hereto and marked
•Exhibit A·, is hereby approved by the City Council of the City of
Englewood, Colorado and the Mayor of the City of Englewood is
author i zed sign, and the City Clerk is authorized to attest the
Agreement.
Section 2 . The Agreement generally provides as follows:
(a) The project consists of 2 radius modifications
located at the S.W. corner of Broadway at Floyd and
S .W. corne r of Dartmouth at Cherokee, two bus pads
located on Broadway, South of Dartmouth and on the
east side of Broadway, north of Floyd Avenue.
(bl R .T.D . shall pay to the City of Englewood up to
$17,500 for t he project.
(c) The City shall oversee and insure th completion
of the project.
Introduced, read in full, and pass don first reading on th
18th day of Octob r, 1982.
Published
October , 1982.
a Bill for an Ordinance on the 20th day of
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Read by title and passed on final reading on the 1st day of
November, 1982.
Published by title as Ordinance No.~~~-' Series of 1982, on
the 3rd day of November, 1982,
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of the Ordinance passed on
final reading and published by title as Ordinance No. , Series
of 1982.
Gary R. Higbee
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OR DINANCE NO. 11
SERIES OF 1982
BY AUTHORITY
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COUNCIL BILL NO . 5 4
INTRODUCED BY COUN CI L
MEMBER FITZPATR ICK
AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTA TION
DISTRICT.
WHEREAS, The City of Engle wood has received from the Reg ional
Transportation District funds for transit related improvement s ;
a n d
WHEREAS, the City desires to enter i nto an agreemen t t o
accomplish the improvements:
NOW, THEREFORE, be it ordained by the City Council of the Ci ty
of Englewood as follows:
S e c tion 1. An Agreement titled •Regiona l Transportation District
Transit Street Improvement Agreement• attached hereto and marked
•Ex hi b it A·, i s hereby approved by the City Council of the City of
Englewoo d, Co l orado and the Mayor of the City of Englewood i s
authori zed si gn, and the City Clerk is authorized to attest the
Agree ment.
Section 2 . The Ag r ee me n t generally prov i des as follows:
(a) Th e p roj e c t c ons i sts o f 2 rad i u s modif ic a ti on s
located a t t he S .W. corner of Broadway at Floyd and
S .W. cor n e r of Dartmouth at Cherokee, two bus pads
located on Broadway, South o f Dar t mou th and on the
east si de of Broadway, nor t h of F l oyd Avenue.
(bl R .T .D. s ha ll pay to t he Ci ty of Englewood up to
$17,500 for the pr oj e ct .
(cl The City shall oversee and insure the completion
of the project.
Introduced , read in full, and passed on first reading on the
18th day of October, 1982.
Published as a Bill for an Ordinance on the 20th day of
Oc tober , 1982. I • •
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Read by title and passed on final reading on the 1st day of
November, 1982.
Published by title as Ordinance No. ~'J , Series of 1982, on
the 3rd day o f November, 1982.
Eugene L. Otis, Mayor
Attest:
ex offic i o C ity 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 p,ssed on
final reading and published by title as Ordinance No. jl'), Series
of 1982.
Gary R. Higbee
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7
RESOLUTION NO.
SERIES OF 1982~~~~
A RESOLUTION APPROVING AN AGREEMENT WITH CINDERMAK ASSOCIATES
REGARDING EXTENSION OF LEASE CONCERNING PARKING LOT ADJACENT TO
CINDERELLA CITY.
WHEREAS, pursuant to People's Ordinance No. 1, Series of
1964, City of Englewood sold certain real property to the New
Englewood Company; and
WHEREAS, pursuant to said agreement, the City would
agree to parking on certain portions of said property for at least
60 years; and
WHEREAS, it is the desire of the current owner of
Cinderella City to extend the parking period over a portion of the
property to November 3, 2068; and
WHEREAS, the parties desire to amend and clarify oth r
portions of said agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City of Englewood , Colorado, by and through
its City Council, approves of that contract titled Agree en
Clarif!ing and Amending D ed Provisions, consisting of 1 pag
includ ng Exhibit 1 A 1 and Exhibi 1 8", attached hereto, wh ich
entire agreemen is incorporat d herein by reference. The Mayor is
hereby authorized to sign for and in behalf of the Ci y of
Englewood and the Direc or of Finance ex officio City Cler -
Treasurer to attest h same.
Section 2. Resolution No. 37, Series of 1982 is hereby repealed,
revoked and of no further effect, this Resolution sup rseding
Resolution No. 37, Series of 1982.
ADOPTED AND APPROVED this 1st day of November, 1982.
Eugene L. 0 is, Mayor
A test:
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above is a
true, accurate and complete copy of Resolution No. , Series of
1982 .
Gary R. Higbee
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NJREEHEN'l' CI.MIFYI~ AND 1\MENDI~ DEED PROVISIOOS
nus JtGRED1ENT made this ___ day of _______ , 1982, by and
between the CITI OF EN'.;LE.W'.X)[), a llllnicipal corporation organized pursuant to
the provisions of Article XX of the Colorado Constitution ("City"), and
CINDERMAK ASSOCIATES, a joint venture of which 'fflE EQUITABLE LIFE A.5SURANCE
SOCIE'IY OF 'fflE ~!TED STATES, a ex>rporation, and DDIMN< ASSOCIATES, a
limited partnership, are co-venturers ("Owner");
I • PRD4.ISES
A. 01 or about April 7, 1964, the (1.lal if ied electors of the City
adopted People's Ordinance No. 1, Series of 1964, ("Ordinance No. l ")
authorizing the City to ex>nvey to New ErY,Jlewood Company, a Colorado
corporation, a certain parcel of realty in Exhibit A attached hereto,
authorizing the City, subsequently, to accept a reconveyance of a certain
portion of said realty subject to certain ex>nditions set forth in Ordinance
No. 1.
B. 1'ie provisions of Ordinance No. 1 were, and have been, fully
iq>lemented, and on or about Noveat>er 3 , 1968, the City accepted a
reconveyance of a p:>rtion of that realty by deed ("Deed") from capital
Alliance Company, a general partnership, and New ErY,Jlewood, Ltd., a li ited
partn rship, which Deed is recorded in Book 1807 connencing at pag 713 of
th records of the Clerk and Recorder of the Coooty of Arapahoe, St.ate of
Colorado .
C . Ordinanc No. 1 required that the r alty described in the Deed be
wted to free public rt-term parking for a period of at 1 sixty
(60) years. Both Ordinance No. l and the reserved to the grant.or ,
their cc si , the righ to up to fl (S ) of
reel recon yed to the Ci y for y c:omec ed with the ing
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made of that portion of the realty described in Exhibit A hereto not
reconveyed to the City.
D. '11:le term "free public short-term parking" was not defined in
Ordinance No. 1, but the provisions of the Deed defined such term to mean,
inter alia, that no person shall be permitted to park upon the reconveyed
parcel for a period longer than three (3) hours, which definition has never
been approved by a vote of the City's electors. In addition, the provisions
of the Deed authorized the City and the grantors, their successors or
assigns, to increase or decrease such parking time limits.
E. OWner is the present owner of a portion of the realty described on
Exhibit A hereto , but not conveyed to the City by the Deed, and is the
successor in interest, under Ordinance No.land the Deed, to New Englewood
Company, Ca p ital Alliance Company and New Englewood, Ltd., for the purposes
of all rights and obligations arising out of either such instnxnents.
F. OWner desires to further ercise its reserved rights to make use
of not m:>re than five rcent (5 ) of the ar a of th realty reconveyed to
the Ci ty by the Deed by using not re than one (1) ere thereof u pon which
to erect a structure for a use, or uses, connected with the uses mad of the
structure presently existing upon that portion of the r alty described in
Exhibit 1' which has not been reconveyed to the City.
G. City and r r tha th provision of thi t ti led
•.e.gr t Clarifying and ing Provi ions•
that r l property scribed in Exhibit B a tached
intend to apply to
r to and by this
r f r nc mad a pu reof, which r al pro r y • a portion of th r l
property scribed in th and not th entire pare 1 scri in the
H. City in end and the
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property to the east of South Elati Street shall be bound by the terms of
the Deed and oot by the terms of this agreement.
I. Both OWner and City are desirous of clarifying the terms of the
Deed and of memorializing such clarification in writing.
II . AMENDMENTS
Based upon the foregoing considerations, the parties hereto mutually
agree that with respect to that real property described in Exhibit B,
attached hereto and by this reference made a part hereof, the Deed and
agreement dated Novent>er 3, 1968 and recorded in the records of the Clerk
and Recorder of Arapahoe County, State of Colorado, shall be amended as
follows:
A. 'Ihat paragraph 1. "Parking Covenant• shall read as follows as
applied to the prem ises described in Exhib it B:
"l. Parking Covenant. (a) Grantee covenants and
agrees with Grantors that the Premises shall be devoted to
free ?,Jblic short-term park ing terminating Novent>er 3 ,
20 8. 'Ihe term "free ?,Jblic short-term parking" shall
an: (i) at oo payment shall be required of persons
par ing; (ii) that neither party may limit or deny the
par ing right, except that it may be denied to any person
who persist ntly violates the rules and regulat i ons here i n
described; (iii) that oo person (i nc luding parties hereto)
shall be rmitted to park in the Premises for a period
longer than ten and one-half (10-1/2) hours and that no
overnight parking shall be allowed, p rov ided that Grantee ,
acting by and through its legally authorized officials , and
Grantors (or their successors or assigns), may from time to
time enter into agreements incr asing or decreasing the
parking ti limits that shall constitute free ?,lblic
short-term parking for one or more specified areas within
th Premises as described in Exhibit B, or for all of such
Premises, and defining the manner and e xt nt of enforcement
thereof; and (iv) that th Premises , e xcepting those parts
devoted to Gr ntors' reserved rights , shall be used solely
for the puking of passenger automobiles and other
f mily-type vehicles, bicycles, motorcycl s and th Uk
(no including trucks , buss and similar v hicles , exc pt
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to the extent and for the per iods of time reasonably
necessary in connection with the loading, unloading,
delivery and receipt of passengers, goods, wares,
merchandise and materials to and from the Premises and the
Ad j acent Property) and for the related ramps, driveways,
servicing and maneuvering areas, and for landscaped areas
substantially equal in area to those now provided. (b)
From and after Novent>er 3, 2068, the Premises may be used
for any other purpose or purposes not inconsistent with the
exercise of the rights reserved by Grantors in Section 2
herein or the enjoyment of the benefit of Grantee's
covenants set forth below in Section 3. (c) Grantee
accepts the Premises subject to such covenants and each of
the other terms and conditions hereof."
B. '11,at paragraph 4 "Further Covenants Respecting Parking" shall
read as follows as applied to Exhibit B:
"4. Further Covenants Res~ting Park ing. Grantors
and Grantee covenant and agree ~t until Novent>er 3 , 2068:
(a) Grantors shall, at their expense, repair ,
ma i ntain , light, stripe, and clean the Premises , keeping the
Premises in good order and condition , ordinary wear and tear
excepted , at least equal to the order and condition of
parking areas maintained for comparable retail and
comnercial areas in the Denver, Colorado, metropolitan
area.
(b) nie location and means of access , ingress,
and egress to , from, over, on and across the Premises and
the direction and means of regulating the flow of traffic on
and in the Premises as presently established on the date of
this Deed, shall not be changed in any material respect
without the approval of both Grantors and Grantee .
(c ) Grantee shall provide such police protection
and traffic supervision for the Premises as may reasonably
be required to maintain safe and orderly conditions and
compliance with law and with the rules and regulations
adopted pursuant to this instr~t.•
c. With respect to that real property not described in Exhibit B, the
agreement between the parties as fowld in the Deed dated Novent>er 3, 1968 and
recorded in Book 1807 COll'lllencing at page 71 3 of th records of th Clerk and
Record r of Arapahoe County, Stat of Colorado, shall remain in full force
and f fect.
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III. CLARIFICATIOOS
A.. It is recognized by the parties hereto that Owner has the right to
use not nt>re than five percent (5%) of the total surface area of the realty
described in the Deed under paragraph 2 of the Deed, for uses connected with
the uses made by Owner of the parcel retained by them; that the total surface
area subject to such right equals approximately 1.7 acres; and that C>.mer has
utilized, or is in the process of utilizing, approximately .63 acres thereof
for the purpose of the erection and construction of additional parking
facilities.
B. City agrees that Owner has the right to make use of not rore than an
additional one (1) acre of the parcel described in the Deed, under paragraph 2
of the Deed, for the purpose of erecting a structure, or structures,
Fhysically connected to the structure presently existing upon the realty owned
by Owner (which structure is popularly referred to as •cinclerella City•), for
use as a facility for retail sales and services.
c. '!be parties hereto acknowledge that insofar as the covenants
contained within the Deed are covenants running with the land , pursuant to
paragraph 5 of the Deed, any successors or assigns of Owner, including any
tenants of the property described on that portion of Exhibit A which has not
been reconveyed to the City, shall have the benefits of any covenants
benefiting the Owner thereunder and the Owner may grant rights to such
tenants, provided no such grant is inconsistent with the terms of the Deed.
D. '!be amendments set forth in par119raii1 II, A through C, may be
i~lemented inmediately upon the effective date of thi agreement, exc pt that
that those amendments shall be automatically rescinded, shall ther after be
completely null and void, and th parties' rights and oblig tions with respect
thereto shall be governed, exclusively, by th t and provisions of th
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thereto shall be governed, exclusively, by the terms and provisions of the
original Deed unless, on or before January 1, 1986, the OWner shall complete
construction of the structure, or structures, which shall conta in a mi n i mum of
one HWldred Ten '11lousand (110,000) square feet and shall, by that date, be
available for occupancy by a department store or stores, not presently a
tenant in Cinderella City, it being understood that the issuance of an
occupancy certificate by the City of Englewood for the entire One Hundred Ten
'lb:>usand (110,000) square feet and the recording of a copy thereof, shall be
conclusive and irrebuttable evidence of the satisfaction of this condition.
E. Except to the extent that the provisions of the Deed are clarified
or amended, as set forth above, the parties hereto confirm and rati fy all
other provisions of the Deed.
IN WifflESS WHEREX>F, the parties hereto and set their hands and seals the
day and year first above written.
At test:
Di r ect or of Finance ex officio
City Clerk-Treasurer
Attest:
(CORPORATE SEAL)
fi
CI'IY <:£ EJ,l;LD«Xl(), (l)L(JWX)
a IIUl ici pa l co rporat i on
By----::-------:,---=-....---,-,,-----Eugene L. Ot is , Mayor
CINDERl9J< ASSOCIATES, a joint venture
by its co-venturers
'lllE D;JJITABLE UFE ASSUIWC
SOCIE'IY <:£ 'lllE ~ITED STATES
BY ___________ _
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Attest:
(CORPORATE SF.AL)
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~ A.550:IATES, a limited
partnership
BY: ~vm. INC., a general partner
By _____________ _
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EXHIBIT "A"
The following described parcels situate in the SW 1/4 of Section 34,
Township 4 South, Range 68 West of the 6th P.M., Arapahoe County, State of
Colorado , rrore particularly described as follows:
PARCEL A: All that part of the North 1/2 NW 1/4 SE 1/4 SW 1/4 ,
Section 34, township 4 South, Range 68 West, lying West of the West line of
South Bannock Street as conveyed to the City of Englewood by Deed recorded
Noverrber 18, 1929 in Book 295 at page 154.
PARCEL B: A tract of land in the SE 1/4 of the SW 1/4 of Section 34,
Township 4 South, Range 68 West of the 6th P.M., described as follows:
BEX;INNIN:i at a point which is South 89 Degrees 40 Minutes East 486
feet and 658.76 feet North of the SW corner of the SE 1/4 of the SW 1/4 of
said Section; thence North 79 Degrees 20 Minutes West 185.78 feet; thence
due West 311 feet, rrore or less, to the West line of said SE 1/4 SW 1/4;
thence North along said West line 276.5 feet, rrore or less, to the SW
corner of N 1/2 NW 1/4 SE 1/4 SW 1/4 of said Section 34; thence East along
the South line of said N 1/2 NW 1/4 SE 1/4 SW 1/4 a distance of 484.5 feet;
thence South 336.74 feet, rrore or less, to the point of beginning.
PARCEL C: N 1/2 SW 1/4 SW 1/4; SW 1/4 SW 1/4 SW 1/4, except that
part described in Book 1032 at page 135 as l!Ddified by description in Book
1273 at page 425 and except right of way for Hampden Avenue; W 1/2 SE 1/4
SW 1/4 SW 1/4, lying West of South Elati Street, except right of way for
H~en Avenue.
PARCEL D: Lots 1, 2 , 6, 7 and 8, Block 1 , FLOOD 'S AOOITIOO ro
EN:;Lf..WX)I).
SUB.JEX:'!', IDWEVm, to the following:
1. Lease in favor of Mountain View Golf Company, Inc., recorded in
Book 1112 at page 251 as modified by instruments recorded in Book 1112 at
page 258; Book 1117 at page 203; Book 1122 at page 6; and Book 1273 at page
428.
2. Lease in favor of the Colorado National Guard recorded in Book
944 at page 158.
3 . Lease in favor of Englewood Lions Club recorded in Book 578 at
page 451 as supplemented by instrument in Book 588 at page 289.
4. Granted and existing rights of way and easements for ditches,
roads, highways and p..tblic utility lines and installations insofar s any
such may affect the subject property.
nx;E'l'HER WI'ni all of the right, title and interest, if y, of 11 r
in and to all strips and gores of land separating the pare ls above
described from nearby adjacent lands or str ts, roads, avenues and
alleys .
EXCEPT that portion of Parcels A., B, and D herein r f rred to the
"retained parcel", m::>re particularly described as follows:
BfXiINNIN:i at the Southeast corner of Lo 2 , Flood's Addition; thenc
Westerly along the South line of said Lot 2 extended, a distance of 233.5
fe t to a point; thence Northerly and parall 1 with the Wes t line of South
Bannock Street 175 feet to a po int; th nc East rly and parallel with the
South line extended of said Lot 2 , 233.5 f et to a point on the lin
of South Bannock Street, thence Southerly and along th West lin of South
Bannock Street 175 feet to th point of beginning. Coun y of Ar P ho ,
State of Colorado .
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EXHIB IT "B"
That portion of the here i nafte r desc ri bed parcel of real estate
which lies below the following described horizontal plane:
'n'lat plane ...tiich is 5,319.5 feet in altitude above sea level as
measured by reference to the established USGS Bench Mark and further based
upon a measurement of 5,311.5 feet in altitude above sea level for the
finished surface of the highest point on the surface of the finished parking
areas and parking structures conveyed by the within conveyance (such point
being the finished surface of the sidewalk abutting the building identified
as Building "F" of the Grantors' buildings and improvements located adjacent
to the parcel herein conveyed).
Said parcel of real estate is described as follows:
A part of the SE 1/4 of Section 33, and a part of the SW 1/4
of Section 34, Township 4 South, Range 68 West of the 6th
P.M., Arapahoe County, Colorado, described as follows:
Comnencing at the SW corner of said Section 34; thence
Northerly along the West line of said Section 34 a distance of
68.00 feet to a point on the North line of West Hampden Avenue
(as said North line existed prior to the grants of easements
in instrLU11ents recorded in Book 1714 at pages 412, 423, 426,
and 429), said point being the point of beginning; thence on
an angle to the left of 89 degrees 40 minutes 32 seconds and
along said North line a distance of 472.00 feet; thence on an
angle to the right of 90 degrees 00 minutes 00 seconds a
distance of 133.00 feet; thence on an angle to the left of 90
degrees 00 minutes 00 seconds a distance of 150.00 feet;
thence on an angle to the right of 90 degrees 00 minutes 00
seconds a distance of 8.00 feet; thence on an angle to the
l eft of 90 degrees 00 minutes 00 seconds a distance of 292.40
feet; thence on an angle to the right of 89 degrees 55 minutes
00 seconds a distance of 36 .00 feet; thence on an angle to the
left of 90 degrees 38 minutes 42 seconds a distance of 66.04
feet to a point on the East line of Santa Fe Railroad right of
way; thence on an angle to the right of 106 degrees 54 minutes
23 seconds and along said East line a distance of 312.76 feet;
thence on an angle to the right of 1 degree 52 minutes 00
seconds and along said East line a distance of 812.25 feet to
a point on the North line of the SE 1/4 of the SE 1/4 of said
Section 33; thence on an angle to the right of 71 degrees 46
minutes 26 seconds and along said North line a distance of
634.65 feet to the West line of said Section 34; thence on an
angle to the left of O degr s 17 minutes 40 seconds and along
th North lin of th South 1/2 of th SW 1/4 of said Section
34 a distanc of 946.3 feet to the west line of South Elati
Street ; thence on an angle to the right of 89 degrees 53
minutes 19 seconds along the st lin of South Elati Str ta
distance of 1111.10 f t; th nee on an angle to th left of 90
degr s 01 minute 43 ond and along id West lin a
distanc of 449.11 f t; th nee on an angle to th right of 90
degr s 09 minute 50 seconds a distance of 155.50 f t;
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thence on an angle to the left of 90 degrees 09 minutes 50
seconds and parallel to said west line of Elati Street a
distance of 144.88 feet to a point on the North line of west
Haqlden Avenue (as it existed prior to the grants of easements
in instrl.llll!nts recorded in Book 1714 at pages 412, 423, 426 ,
and 429); thence on an angle to the right of 90 degrees 09
minutes 50 seconds and along said North Una a distance of
2B9.15 feet; thence on an angle to the right of 90 degrees 00
minutes 00 seconds a distance of 130.00 f•t1 thence on an
angle to the left of 90 degrees 00 ainutes 00 seconds a
distance of 120 feet; thence on an angle to the left of 90
degrees 00 minutes 00 seconds a distance of 130.00 feet to a
point on said North Una; thence on an angle to the right of
90 degrees 00 ainutes 00 seconds and along said North line a
distance of 381.00 feet to the point of begiming; also Lots
6, 7, and 8 of Flood's Addition to Englewood;
EXCEPl'D«. PIOI the above described parcel the following
described parcels of real estate:
l::xccJ •t· :i Oll 1\. Crnnmcmcing cat the SW conrnr.
or Scic:t-ion 3'1 cler;c:i: lhcd ahove; t.lwnce
No rtherly cllflnlJ thu Wc!;t: U nci of tiili<l
Section 34 cl cli!;tance of GO. 00 fccit to cl
po:i.ut on the Nor.th right ·-of-w.:ay line of Wect
Hampclrn1 1\vc,nue ( clc saicl ri 9ht.-of·-way line
cxi s l c-d prior to the granti; of. oat..emcnt,: j n
i11 ht·.nuncnt11 r.ccc,rclc:cl in Book 1714 ut l'«geu
,n:1, 47.3, 4:J.C, tm,, '1-l9); thc.:uco J·:anlerly i-ll,:,119
md rl Ncn:t h ri9ht-·0£-wny li110 ll diotc111c:c.~ of
163.(lO foot; t.hcnc:c on an ongle to tho left
or 90"00'00" n dictilnce of 40 5.00 feet to a
poin l: wh :i ch j s :>.. :>. foct Souther J y 0£ tho
i ntc•1 ·1;c,ction of c:olm1u1 Lino 3:i with Column
Lino BB of the buil clingu oncl i 1upr ovcmc.:nt:r.
now ercclccl by Gr,,ntor, wla ic.:11 point iu the
true point of bc.:9i111dng: thc11c.:c Northw<'tt<'r.ly
on iln unglc• to tho loft of ,15•00 '00" fllon9
n l · no p=irn ll.oJ lo und l. 5 fcwt Southwaat<>>.:ly
from sc1i<l Co) m,1n r,.i no 33 u clint,anco or. )CM. 00
!cu·· t <• n point wld cla in J. 5 £<·ct S011thea11t<•rl y
from Col.1111111 r,i no NN or md cl bui J <'linrJf;: thcnca
ScmlhwoGtor.ly on on 111,910 to tho l eft· of.
!>O•oo • 00" ulong n U nc }Jl\ri'\llol to mcl l.. !i
root fio11l hcm ntnrly from anicl Column Lino NN
11 cli.st r1nc·<' of '100.00 feet to II point. which i11
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ii~. 2 fc:ct. Snuthc:rl.y of t.ho int.ori;ec:U.011 o f:
Column J,:i.nc: NN nncl Column Linc l 8 of: tm:i d
}>u j Jclingi.:; lhc,ncci Northwcwtc,rly on c1n n119J.c,
to the ri9ht of: 90°00'00" .ilong a line par«llel
to ancl ) • 5 feet SouthwoGtcrly fi:0111 ,mid Column
Linc lG a cU.vt,mcc of 256.oo. feet to a pofot
which j ~ l. 5 feet Southcaste>:l y from Colmnn
I.inc V'J of md.cl bu:i.ldings; tl1c11cc Sou thwcr;tcr. ly
011 an <111<:Jlc t.o the loft of 90°00•00• along l\
l i 11c p :1n1 l l.cl to ,mcl l. 5 fc ,'-,t $c111thci\!;tcr.l.y
f>:Olll ·:,d cl Col.rnm1 J,.i.nc VV a cli:;t,incc: of 90. 00 •
fee t to n pojnt wld.ch it; G.00 >.cot Nm:thcnster ly
of Column J,inc l 5 c,f snjcl hu•J ld.i.ngi: or. imprnvc!-
rncnt ti; th~ncc Northwc,i. l:ur.ly on ,111 t1n~1l c to the
i:j~1hl of. 90''00'00" ill.On') i.l J.;nn p."'\1:c1l.lcl. to
ancl 6. 00 feel: Northc,u;tcr.l y . from oaicl Col.unm
r,inc: 15· u clif:t.nncc of.104·. o feet. to c1 point .
wh ich :1.f: 6. !:i feet Uorthwc!,ter.l.y from Column
Linc YY of: uc1;i .cl bui lc1in~v; thence No1:l:.h caot-.r.r. ly
on «n angle to the right of: 90°00'00" al.on<)
c1 line: p :11:nlh~l to uncl G. 5 f:cet Northwactcr.ly
fr.om Column I,i nc YY U clistftncc, of l 09. !i .f:cr.lt
to a po.int; thence' Soulho1tutm:J.y on ,m ,1n9lc
tO l.hc, d .<Jht of: ~0°00'00" i.\ c.1 iH(.llllC!C Of !i.00
fr,<'L In ;, pc ,f n t. which ii; 1 .~; fc•r ·I:. fn,;,1 1.\lo
F<ili<l Cc.,J1 H,•n J,i.no YY; tl1c11cc N<•>:t:1,r·asi:.cr.ly
on n n i1n9lc lo t.11 0 left or 90°00'00 " 111011~1
a H .11C' pnr.allc l to ,111<1 1. 5 fc,et· Nol'l h-
wc stlir ly from Col.u11111 Linc Y'i i.\ clistancc• of
5,13. !i feel. to " p oi11t whi<'l1 ii:; l.. 5 fuet
Northeilntm:ly from Col u11u1 l,,:i.nc :m (If 1;c1i cl
)JIil ) c1i w;p : au(l j 111p1 ·ovc ·m.:•1\t.H i t hnut'c f;1ll1 I h ··
c,.iotc·1:)y C>11 ill\ nng)c: to t h e: 1·jyht of 90"00'00"
nloncJ ii ]j nc par« l lcl to ctnd l. 5 fcmt Norl:.h-
c111 1lc:rl y fn,m Column r,ino 3p II di&L,111ce or
r,1. 00 fc:c-t to n poj nt l.. 5 J'cc,t'. No rt.hwN1t.c·rl y
rro,n° Col lllnn r,lno \M Cl! uaicl huil<ll ncJs nncl
imp,·ovc-mc:11 tfl; tho11cc Nor t l 1c.nnlcr. l y on nn
unvle lo l1 <! lcfl or 90°00 '00 " nlong n )inc
p.,ra l cl to uncl l.. !, fc r.:t No rlhwcvt.erly of
onicl Cul \lnu1 J ,i.nn \"111 n dintanc:o of 22'1. 00 feet
ton point wltic:h in l.5 (c iot Norlhc:n1~l01:ly
frrnn Col ,unn Li1w '1 !• or 1111! 11 lm .i lcltngn nncl
impnwc-mcmt11; t l1c-11cC' S011thc,wtorl y on nn 1tnglo
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t.o t.hr. r.i ~iht of: 90 °0 0'00 " ,1l011CJ il line p11 r.,ll.l cl
to a11c1 l. 5 fcci. Nm :thcrnstC'rly fro111 saicl Column
T,i1 w '1!i 11 d.i.r_;t;inc<· of 1:rn.00 fcct to n point
l. !> fc-c l NorLhwc nLc1·ly fr.oii, Column T,:i.ne f.f.
of u.ti<l bui lc1:i.11<Js anti improvement!;; thcmc:'c
No r t hC'nstcr) y on iln c111 9lo to t:hcJ loft of
90"00'00" nlon<J « line p:irullol to ,mcl l.5
feet Northwenterly fre>m sai cl Column Li.nc SS
a dislimce of 160.00 feet to a po:i.nt wh ich
0
is • ) • 5 fc ·cL Norl.h cnst:m:ly from Column L:i.nc !~O of
c;;i i <1 bui J clings and i.mpr.ovcmcn tt:; then er.
Sc,ut·hc•i.11,tcl'.'ly on ,in a119lc: to the r.i 9ht of
90°00 • 0(1 " c1l.on9 a line pnr.ull.el to n11cl l. !;
f.C'c l Nort heaster.ly from ,rnicl Colmnn J,j ne 50
n cl inU1ncc of 192.00 feet to n poin t wh1ch is
l. !; feet: Northwcd'.cr ly from Column I.inc! .t-U,1 of
c.c1.i <1 l.m.i l cli.n~:s m1<.l irnprovcmc:nl:t:; thcmc:c
Norl.hcai::tcrly on un angle to ll w ) cf:t of
90"00"00" along a linC! pi.1rc1llel to anc1 l.!i
feet Nor.thwcwter l y from imicl Colu111n J ,ine MM
ii <l i.1:Umcc o f 9G.OO feet to a poi.nt wh1ch ·i s
l. 5 f.cel Noi:thens\crly from Column T,ine !i3
OJ: f;,ij r} }>Ul )cJ .i.tHJ~: lll)d itnpl'OVCR\CmtH; thC'11CC:
f.oul.l ic•,•:,l.C'r )y 011 ,,n iln~lc? to tho rj9ht: of'.
90°(1(1'00" .:al.on~ ,1 Unc JXlr,,llcl t.o .u,cl l..5
feel Noi-l:hC'ur:tcl"l y from oaid Co l um11 r ,inc !,3
n cl jntn11ce of !j!1 .0 f.cct: to ,1 point-. wh.:ic:h i£
10.!, fc :(:t·. N0rL1.wc!l i.t·ClJ·ly fro1n C.>l11 mn T,in c J,K
or. i;:,1.ic1 l•u.:i lcli119s clllcl .:i111prov cinC'nt:r.; t:he>ncc
Nni·t·hNwlm:Jy 011 nn flll~lc to t.h<· ]c:f.t of
90"00'00" <1lC1ng ,1 Uno pa1·n ]J.c •l lo ,111,1 l~.5
fcc.-l. Nortl Ml~:;Lc:>:ly f.rom :.nicl Col u1111, T,inc KK
a c1b,t:c111cc e>f 96.00 f e c•l: to ii point which io
l. 5 fC'Cl. Norl:lwa :; tor ly froin Co) unm T,i ne !i(, of
c.;d cl l ,u, l ,1 · 11~1; nncl .:i 1111,rovN,1<:ntt ;; t larncc •
Scllll11 c•n ::,c,l:ly on an an9le to llie r .:i <_1ht: or
90 ° c10 • 00" ll l <>ll<J n l inc p ~1r:t l lc• l to n11cl l . !;
feet. No1:lhc!:tr:t:ci:ly r:rom naicl Co lumn Linc !,(,
n cli:a:nnc:, or. (,!iz..oo {cot to n point; thcmc:o
Sc,l11.l w i·ly on ,111 1•11910 t:c, tho right of '1!i~00'00"
n c1ir,t·;,nr.r• c,r, lJ'i.<l rocd; ton point· wh.:ic:h iR
l. !, (r•r •L r:cH11.l,~:o1 ~I c•r) y fr' •1\1 ('c,1 llll"l T,i11r• H o(
... . ... .,.,, ...
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i;;ij c, l>l1i 1.cl:i 11~1:: ,uHl imp1:c,vl ·11u.·11i.::; lh<:nr.c
ScH1l l1\·:,·:.:·,...rly c,n ,111 ,111,:,l e to t.1,c ,:.i CJl1l'. of
,1'.j"(lO' 00 " alc•ll~f ;1 J :i 11c 1,,11:<.1lll:l t:.o a ncl ) • !i
feet soull1e.ii,te1:ly of 1rnicl Collu,u1 J,i nc N
a c1:i t;Uinc.:c of 211r,.oo feet lo a po i nl wh:i.ch
iu 7.2. !, feet. Soul:h\:eslc:r )y fru1n Column Linc:
'16 of !':il:iii builc1in<.P · aml i1!'p1·ovc:1uc11\:.!:i; \:.hence
No>:l:hw,·:;ll ·>:)y Clll ,111 iln<J)C t.o tht• 1·:i<Jhl: of
90"00'00" ,d.rnHJ n U .11c p :1r,,llt·l tu mu1 7.?.,.5
f.c,C't f:c,n1 .l\\·:,::;t.r.1:Jy f.1 ·011\ :...a.icl ('oln11111 J,j11r.
,1(, a clii:L,mc.:c, c•[ 192.00 fe,,t tu ii point J..!iO
feet Scmllw,wtcrly ·from Column J .. inc 'J.' of:
saicl b\t:i lcl:i.11<JS aucl i.Jllprovc ,mcntr.; thcncc
Soul.lMc :;tc:rly on 1111 i\ll<Jl<, lo the: left:. or
gouou'OO" a aistc1nce o[ 25 .00 feet «long a
line p,u:a ll el t.o ,mcl 1. !iO fcc·t sm, thc·,u:tcr l y
from ~;ui.c1 Colu11m J,ine \• lo a point whic:h ii:
15. 5 feet i ;ouUl\·JC~tci:ly f1 :0111 Cul.lmm J,inc ~ !i
of· i:,d cl ).,ui lain CJ~: ana improvcmc:ntn; thf,ncc
Noi-1·l,wc•:,tc1:ly on ill\ nngle to lhe r:i<Jhl:. of.
90"00'(l0" ;1lcm~1" line parc1J)el. to und 15.5
f.cc•l f:ol1l·.hvms._,,rly fn11n i;a:id t;oJmnn J,:inc 11!i
n c1 :i.r.t,n,cc of. :1"/·00 fr.~t loll po:int; thence:
' Sou1.hv1cr.Lc-rl y on nn un9l.e to lhc left of
go~oo•oo" n di~tnncc of 17.00 feet ton
poi n L; t .hc-11c·c Norl.l,vmi •l<·rly" on n11 HngJ c• to
th<' ri9l1t of 90°00'00" il cli:;LilllCO C>f ]11.00
feet t .o ., poi11l wh ic-h i u ). • 5 fc:c.:t Soutt~cu:.lcrly
of Colnmn J,inc HU of oilicl buil<lin<Jn anc1
i111p i:ovc111, •n L:.: tli~•ncc f,c,lllhwcwtm·J.y 011 nn nngl c
to the lrft of 90°00'00" along n linc vnrallal
to ,mcl ) • !> fec!t Sout:hC<lfll:C•rly !r.om uni cl Column
I,inc JIB c\ cUstnnC'c: of: )53 .(10 focL lo t:h<'
111.,ovc clc •f:cri l1ecl ln1c pc1j nt of h<!CJj m,.i.n<J, t;ni.cl
p.,rc.:cl. conl:ninin<J l.7 .417. ncrur., mor.c or. )C:1r.1 r..
'!'hC Hbovc rnci\&\ll'Cr.lc:nts to column linen nrc
from thci cc:ntm.: l:i 11011 of unicl col unm line n .
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. , ...... ··1.I i.-,,, "· ('P1IIU1••11t J i1111 ,,t lli ,· f:\'/ ,•, .. ·n,·r pf
t ltv ,,1,,,v ., clc1;1:1 ·i.J,ecl sc,c:l:ion :M; l.1 11'11<:,•
No i:t ltC"1 :Jy i1l.0119 th e, Wc •n L l.in,, of v ,,icl !iccUon
34 " tH.1 ,l·.c111ce of: 73.0 feet to a po:int on the
No i:Lh J ino of il 5 foot caucm~mt gr,mtcc1 to the
nop;ir.trn<,nt of ll i ghwayv, !a:,,to of Cul.on1ao, by
ini;U:mn cn ts rocorr1cc1 in Book J.71'1 at Pa<Jc,s
41?., -12:5, '12G uncl '17.9, l\ri1p,·1l100 Count·y, Color.ildo
r.cco:i:ch:; th e nce 1°:,u,tci.:J.y nl.0119 1',d.cl Noi:th l j ne
i.l d i ~:l;,,nc:c• of !iO. 00 f:cct to i.l poi11 t on &il i<1
Norl11<,rly ]inn wh:i.clt is the true po.i.nt of
l,c~Ji.nning: thc1wc conU nuing 1,:m:tci.:ly nl 0119
f:uc:I, N'or.i..:1101 :l.y Uno n cl.i1:tn11co of J.8!,.00 f C'ct
lo ,, po.int-.; t"lv:mc,'! Norllwr.ly 011 nn ,,n~rl n t.n
lhr, ]<"fl c,r ~>0°00'00" H disL<111c:<' of J!,1.00
fc·ct t.o .-1,c ,i 11L; thence, Wc ·1:l'c ,1:J y on ..111 · fll\<Jl.~,
to the l.cf.t e>C Y0°00'00" a cli ::t.;.nco of l.O!i.00
fcC't. t·.o i\ pc,in1..; thence Soll thc:r ly on n n nngl c
to Lll<' )oft D[ 90°00'00" H cl i~tnnco Of J.511.00
fcc-t to the trnc point: of h ~:-.r; nn i ng, contnining
o.~~~ ncrcR, moi.:c or leso.
}':,~c,.,1,t _i.c,,, <:. C't,1-:•,~"·nc.:i n~: .ai l l,c · r:J,: <'l•ru c·r
c•f the ,,1,u\'C! tlt :,v, .i l>c·,l ~;l't·t j ,,., :n; t JH·11C",·
Jl<" t l,v i ly ii) 0,1~1 t lw l'le!,t Ji 11c · or 1,,1.i c'l
f:1 ···ti<•11 :5 :{ ,1 c1i:;\,111t·<, of ·1J.OO i<·c.·l lo a
p ~,i11t 011 tl,c· Hc•ill, l .i1,c, <•[ ti ll· <',t:,<·111c:ni
c1<·::c, .il,vcl j11 J::,1:t·J•~ ion )I ,1.Jl(,v,•; t·l,c·11<.·t·
\•1<.!:,I c·,·1y 01, ,111 i111~1lc · Io u;,. l<'! I of
f:9'''10':;;.," ,,Jou~ :w.ic1 Ntl):U, li11C' a cHt,\,m c.:·
c,f ;,c,.oo fN•\ to ii pni.nt-on ::h:ic1 Noi.:(11 )irl<'
wliid, ;,, ll,c• tnw J•oJnt or lwqi1llli11(f: tlw11c·c:-
c:<.•11\ i1,ui11~1 H<~~;i ,•r)y c1)011g the." 1:,1111<' ~'lllll':,c
111111 .il<>1,1.1 ,.1,icl Ho,·11, ])111 · ,, 1l i,.i11 11t ·c• ur
:!(,'.,.(1(1 fc•c•i to II J•c,inl; U1<·1,c·c• newt h<'1 ·Jy on
1111 <1119\c• tc, lhc ,·.i~r ht of 90"00'00" n cli1~t,1nc·c
of 13(,.0(1 f.'c :c-i toil pcd11\:; t"l,c·1,c ·c· J•:t11i \c•r ly
011 ill1 illl ~J )t• l.o the • 1j~J)1,· of' ~l()r0(1'00" II clifl ~·
I onc·c· or :>u!,. 00 1 <'<·\ lo II pn.i nt.; t·hc·11c c,
fion{l,r •,·l\• on an 11n,1lc· IC> 11,,. ri~1lll of
9(1"(1(1'(1(1" a c1i1 :t:•11t ·,· c,r l.'.H,.(1C1 h ·c·l II'\ tl H'
1 r,1c · 1•:•i1 ,l. or l•'·i:Ji1,1,i11~,. <,,,11t 11 ,1ii11 ci o.n:>n
Ill n•1,, IIIClT(· (I )' ] c•::•1 •
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J·:_>iC:_f').•t:i.oi!_ .. l>_. cc,,,1rn ~:nc:.i.11cJ ,, l l lw l:n,r.
po:i.11 i· c,f J.,-,~1.i 1111 :i 11~1 of >·:x,·el'tl l•n c ii) ,ove;
l:hr11c:,· c:ont.:i 11nin~J \·lct:l·ei·l y c1)011<J Uw Nor t l1
).;i.11c , Of ('il!lC:JIIC!lll ClC!:·:<.:J:;i) oCl1 ).II )•:xn:pl :i (>ll Jl
Hlxwc ii cl:i:.:U111ce Clf 323.0(1 f:cc,t lo il J><•:i11t·.
wl1.i d1 ;ii: l he tnw poj.nl. of he<J:i ind 11c; of:
thi i : oxc:c•;,i.:i on; l:licmc;(! c,onl..i ll\l:i.n<J \"l1'1:,:c:r.ly
.i)ouq 1,c1 .i(l tw ,:U1 l.inc, a cl:ir;t;,ncc of J.2:i.00
f<'<'l"-lo ii point; thnnc<' Hortl1nr.ly rn1 ,11;
H11~1lt: t·.o llw ,·jCJhl of ~>0"00'(1(1" ,1 ell :,t:ancv
of ).](,. 00 [c:cl: lo ii po:i.11l :; th0.nc,: W1t:(·.r.r.) y
on c>11 ,111~1lc l :o tho 1:isihl: c>f 90°00'00" a
cl:i1:t;1pcc· of l?.9.00 f:c,ct l:c, .a J•~:i.nt.; tlo<'JH!l :
flo11i"11c ·r Jy on ,,n illt<Jl<.: t.o t :hc ,·:i~1l1t. of
!lO"CIO'ClO" ,, cl:i1 :t :111H:c, or 1:;;c,.00 f,·,·t l .o the
tn,r• )'C•:i lll" e>f )1 r·~1 :il,nin9, CC>l1Lillll:ill (I Cl.~CJ:-1
clC )"C•~:, IIIOJ"C! ())" ) <.::;:1 •
J-:.~:cc•J'.i·t~•Jl _ I!. Con••nc:ncillCJ at t-hc, f;\·/ c:on1c r
c•f (-11c , iil1c1,,.:• clC':.cr.D.,C'c1 5(:c:tirn1 :-11!-; l.11c ·nc:<'
No rl1 1c,·) y ii) Clll~I tl 1c• \'1c.:st )j 11 <· c,; 1:id cl r:nC't-i c,n
31i ;, <1:i1 .l.i.t11C 'C1 or ·1:1 .00 {'c,c:t. tcJ ii po:inl on
t lw No• l 11 l.i II<' ()[ the.: c,1f.Clll<'nl: clc ::;c r.:i )Jc,cl :in
>·:x,:,·pt i.c,11 n ,11J~•vo; t.hcnc:o >·:uf.tC!rly cm ,m
illl<Jl<· to tht" d9hl. of <JCl"O'/';,(," c1nc1 ;1)c,n~1
the· 1.;0 5.cl Nor l h l i II<' il tU t,l.1111cr of. GGr.. 03
f<·<'i tc," 1•:,,11, \/l1 i r.l1 in llw ln1c· p<•:in t or
l,c·9:i1111i111J: tlt1·11r·,, c·c,11 ( i 11ui 11<J J·:,11.l l ·rly t1 )rn1 ~J
ll1 c ::,1 1,,:: c,cmJ·::v i1 c1i 1,l c111c,• o! l ;,;, • J;, r ,·<'I. t.c,
i'l poinL; lh,,11ce ~01·thc·1·Jy on nn c111:.1Jc lo the
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RESOLUTION NO. ,1''/-,
SERIES OF 1982~...:.........:......~
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A RESOLUTION APPROVING AN AGREEMENT WITH CINDERMAK ASSOCIATES
REGARDING EXTENSION OF LEASE CONCERNING PARKING LOT ADJACENT TO
CIN DERELLA CITY.
WHEREAS, pursuant to People's Ordinance No. 1, Series of
1964, City of Englewood sold certain real property to the New
Englewood Company; and
WHEREAS, pursuant to said agreement, the City would
agree to parking on certain portions of said property for at least
60 years; and
WHEREAS, it is the desire of the current owner of
Cinderella City to extend the parking period over a portion of the
property to November 3, 2068; and
WHEREAS, the parties desire to amend and clarify other
portions of said agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City of Englewood, Colorado , by and through
its City Council, approves of that contract titled Agreement
Clarifling and Amending Deed Provisions, consisting of 17 pages,
includ ng Exhibit •A• and Exhibit 1 B·, attached hereto, which
entire agreement is incorporated herein by reference. The Mayor is
hereby authorized to sign for and in behalf of the City of
Englewood and the Director of Finance ex officio City Clerk-
Treasurer to attest the same .
Section 2. Resolution No. 37, Series of 1982 is hereby repealed,
revoked and of no further effect, this Resolution superseding
Resolution No. 37, Series of 1982.
ADOPTED AND APPROVED this 1st day of November, 1982.
Attest: Eugene L. Otis, Mayor
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify tha~~~he above is a
true, accurate and complete copy of Resolution No.,. , Series of
1982.
Gary R. Higbee
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J\GRE™™'1' CLARIFYIN:i AND AMDIDIN:i DEED POOVISIOOS
nus AGREEJo1EN'l' made this ___ day of _______ , 1982, by and
between the CITY OF H«iLEWXID, a nunicipal corporation organized p.1rsuant to
the provisions of Article XX of the Colorado Constitution {•city•), and
CINDERM"1< ASSOCIATES, a joint venture of which 'lllE ~ITN3LE LIFE ASSURANCE
SOCIET'l OF 'lllE lliITED STATES, a corporation, and~ ASSOCIATES, a
limited partnership, are co-venturers (•awner•);
I. PRDIISES
A. 01 or about Ap£il 7, 1964, the <palified electors of the City
adopted People's Ordinance No. 1, Series of 1964, c•ordinance No. 1•)
authorizing the City to convey to New En:jl-,od Company, a Colorado
corporation, a certain parcel of realty in Exhibit A attached hereto,
authorizing the City, subsequently, to accept a reconveyance of a certain
portion of said realty subject to certain conditions set forth in Ordinance
No. 1.
B. '1'le pr:ovisions of Ordinance No. 1 were, and have been, fully
iq,lemented, and on or about Novellt>er 3, 1968, the City accepted a
reconveyance of a portion of that realty by deed (•Deed•) from Capital
Alliance Coqlany, a general partnership, and New Eh:jl-,oo, Ltd., a limited
partnership, which Deed is recorded in Book 1807 C'Olllllel'ICing at page 713 of
th records of the Clerk and Recorder of the Cotr1ty of Arapahoe, State of
Colorado.
C. Ordinance No. 1 required that the realty described in the Deed be
deYOted to fr public shor -term parking for a period of at least sixty
(60) years. Both Ordinanc No. l and the Deed re rved to the grantora,
their successors and signs, the righ to up to five percent (5 ) of
th parcel reconveyed to th City for any oorviected vith the ing
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made of that portion of the realty described in Exhibit A hereto not
reconveyed to the City.
D. The term "free public short-term parking" was not defined in
Ordinance No. 1, but the provisions of the Deed defined such term to mean,
inter alia, that no person shall be permitted to park upon the reconveyed
parcel for a period longer than three (3) hours, which definition has never
been approved by a vote of the City's electors. In addition, the provisions
of the Deed authorized the City and the grantors, their successors or
assigns, to increase or decrease such parking time limits.
E. OWner is the present owner of a portion of the realty described on
Exhibit A hereto, but not conveyed to the City by the Deed, and is the
successor in interest, under Ordinance No. 1 and the Deed , to New Englewood
Company, Capital Alliance Company and New Englewood, Ltd., for the purposes
of all rights and obligations arising out of either such instruments.
F. OWner desires to further exercise its reserved rights to make use
of not rore than five percent (51) of the area of the realty reconveyed to
the City by the Deed by using not more than one (1) acre thereof upon wh ich
to erect a structure for a use, or uses, connected with the uses made of the
structure presently existing upon that portion of the realty described in
Exhibit A lohich has not been reconveyed to the City.
G. City !lllld OWner agree that the provisions of this agreement titled
"Agreemen Clarifying and Amending Deed Provisions• is intended to apply to
that real property described in Exhibit B attached hereto and by this
referenc mad a part hereof, lohich real property is a portion of that real
property described in the Deed and not the entire parcel described in the
Deed.
H. The City intends and the OWner
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r s and consents that th r al
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property to the east of South Elati Street shall be bound by the terms of
the Deed and not by the terms of this agreement.
I . Both Owner and City are de sirous of clarifying the terms of the
Deed and of memor i alizing such clar ifica t ion in wr iting.
II . AMENDMENTS
Based upon the foregoing considerations, the parties hereto mutually
agree that with respect to that real property described in Exhibit B,
attached hereto and by this reference made a part hereof, the Deed and
agreement dated Novell'OE!r 3, 1968 and recorded in the records of the Clerk
and Recorder of Arapahoe County, State of Colorado, shall be amended as
follows:
A. niat paragraph 1. "Parking Covenant" shall read as follows as
applied to the premises described in Exhibit B:
•1. Parking Covenant. (a) Grantee covenants and
agrees with Grantors that the Premis s shall be devoted to
free ?Jblic short-term park ing terminating Novell'OE!r 3 ,
2068 . 1'le te rm "free public shor -term parking• shall
mean: (i) hat no paymen t shall required of persons
parking; (ii) that neither party may limi o r deny the
parking right, except that it may denied to any person
who persis ently violates the rules and regulations herein
described; (iii) that no person (including parties hereto)
shall be rmi tted to park in th Premises for a period
longer than ten and one-half (10-1/2) hours and that no
overn!gh parking shall be allo , provided that Grant ,
acting by and through its legally uthorized officials , and
Granto r s (or th ir successors or assigns), may from ti to
i ent r into agr nts incr asing or decreasing the
parking i limits that shall constitute fre public
short-t rm parking for one or re ified areas within
th Pr i s s described in Exhibit B, or for all of such
Pr ise , and defining th !MM r and ex nt of enforcement
th reof1 and (iv) tha th Premis s, xcep ing tho parts
d voted to Grant.ors ' res rved rights, shall be used solely
for th parking of passenger ut biles and other
ily-type vehicles, bicycles, motorcycl sand the lik
(no Including truck , buss and imil r v hicl s , xc p
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to the extent and for the periods of time reasonably
necessary in conne c tion with the loading , unloading,
delivery and r eceipt of passengers, goods, ware s ,
merchandise and materials to and from the Premises and the
Ad jacent Property) and for the related ramps, driveways,
servicing and maneuvering areas, and for landscaped areas
substantially equa l in area to those now provided. (b)
From and after Novent>e r 3, 2068, the Premises may be used
for any other p.irpose or purposes not i nconsistent with the
exercise of the rights reserved by Grantors in Section 2
herein or the enjoyment of the benefit of Grantee's
covenants set forth below in Section 3. (c) Grantee
accepts the Premises subject to such covenants and each of
the other terms and conditions hereof."
B. '11lat paragraph 4 "Further Covenants Respecting Park ing" shall
read as follows as applied to Exhibit B:
"4. Further Covenants Res~ting Park ing. Gr anters
and Grantee covenant and agree ~t until Novent>er 3, 2068:
(a) Grantors shall, at their expense, repair,
maintain, light, stripe, and clean the Premises, keeping the
Premises in good order and condition, ordinary wear and tear
excepted, at l east equal to the order and condition of
parking areas maintained for comparable retail and
conmercial areas in the Denver, Colorado , metropolitan
area.
(b) '!lie location and mean s of access, ingress ,
and egress to, from , over, on and across the Premises and
th direction and ans of regulating th flow of traffic on
and in the Premises as presently established on the date of
this Deed , shall not be changed in any material respect
without the approval of both Grantors and Grantee .
(c) Grantee shall provide such pol ice protection
and traffic supervision for th Premises as may reasonably
be required to maintain safe and orderly conditions and
compliance with law and with the rules and regulations
adopted pursuant to this lnstrl.llleflt.•
C. With respect to that real property not described in Exhibit 8, the
agree t bet n the parties found in th Deed dated Nov r 3, 1968
recorded in Book 1807 at ll!l9 713 of the records of the Cl rk and
Record r of Arapahoe County, Stat of Colorado, shall r in in full force
and ffect.
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III. CLARIFICATIONS
A. It is recognized by the parties hereto that Owner has the right to
use not irore than five percent (5 %) of the total surface area of the realty
described in the Deed under paragraph 2 of the Deed, for uses connected with
the uses made by OWner of the parcel retained by them; that the total surface
area subject to such right equals approximately 1.7 acres; and that owner has
utilized, or is in the process of utilizing, approximately .63 acres thereof
for the p.1rpose of the erection and construction of additional parking
facilities.
B. City agrees that OWner has the right to make use of not irore than an
additional one (1) acre of the parcel described in the Deed, under paragraph 2
of the Deed, for the p.1rpose of erecting a structure, or structures,
~ysically connected to the structure presently existing upon the realty owned
by OWner (which structure is pop.1larly referred to as •cinderella City•), for
use as a facility for retail sales and services.
c. 'lhe parties hereto acknowledge that insofar as the covenants
contained within th Deed are covenants running with the land, p.1rsuant to
paragra~ S of the Deed, any successors or assigns of owner, including any
t nants of the pro rty described on that portion of Exhibit A which has not
reconvey to th City , shall have the nefi ts of any covenants
fi ting the r th reund r and th r may grant rights to such
nan s, provided no such gr nt is incon istent with the t rms of the
o. "nle ts t forth in paragra~ II, A through c , may
ed i ia ly upon the effective dat of this t, xc pt tha
ut tically r ind 11th re fter
l ely null and wld, and parti s' rights and oblig ions with r s t
re o all gov rned, cl lvely, by te and proviaion o
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thereto shall be governed, exclusively, by the terms and provisions of the
original Deed unless, on or before January 1, 1986, the OWner shall complete
construction of the structure, or structures, which shall conta in a mini m1..111 o f
One Hundred Ten Thousand (110,000) square feet and shall, by that da te, be
available for occupancy by a department store or stores, not presentl y a
tenant in Cinderella City, it being understood that the issuance of an
occupancy certificate by the City of Englewood for the entire One Hundred Ten
'nlousand (110,000) square feet and the recording of a copy thereof, shall be
conclusive and irrebuttable evidence of the satisfaction of this condition.
E. Except to the extent that the provisions of the Deed are clarified
or amended, as set forth above, the parties hereto confirm and ratify all
other provisions of the Deed.
IN WI'ffiESS WHEREOF, the parties hereto and set their hands and seals the
day and year first above written.
Attest:
Di r ector of Fi nance ex o ff i c i o
City Clerk-Treasurer
Attest:
(~ SEAL)
CI T'i OF EN,LEW'.X>D, COLORAOO
a nun ici pa l corporati on
By_-=-----~-------Eugene L. Ot i s, Mayo r
CI NDERMAI< ASSOCIATES , a joint ventu r e
by its co-venturers
'nlE f)Jl.lITABLE UFE ~E
SOCIET'i OF 'nlE ~ITED STATES
BY. ___________ _
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Attest:
(CORPORATE SEAL)
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DrnMN< A.5SOCIATES, a limited
partnership
BY: KRAVCO, INC., a general partner
By _____________ _
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EXHIBIT "A"
The following described p.3rcels situate in the SW 1/4 of Section 34 ,
Township 4 South, Range 68 West of the 6th P.M., Arapahoe County, State of
Colorado, rrore particularly described as follows:
PARCEL A: All that p.3rt of the North 1/2 NW 1/4 SE 1/4 SW 1/4,
Section 34, township 4 South, Range 68 West, lyi ng West of the West line of
South Bannock Street as conveyed to the City of Englewood by Deed recorded
Novent>er 18, 1929 in Book 295 at page 15 4.
PARCEL B: A tract of land in the SE 1/4 of the SW 1/4 of Section 34 ,
Township 4 South, Range 68 West of the 6th P.M., described as follows:
BEXiINNIN8 at a point wh ich is South 89 Degrees 40 Minute s East 486
feet and 658 .76 feet North of the SW corner of the SE 1/4 of the SW 1/4 of
said Section; thence North 79 Degrees 20 Minutes West 185.78 feet; thence
due West 311 feet, rrore or less, to the Wes t line of said SE 1/4 SW 1/4;
thence North along said West line 276.5 feet, rrore or less, to the SW
corner of N 1/2 NW 1/4 SE 1/4 SW 1/4 of said Section 34; thence East along
the South line of said N 1/2 tM 1/4 SE 1/4 SW 1/4 a distance of 484.5 feet;
thence South 336.74 feet, rrore or less, to the point of beginning.
PARCEL C: N 1/2 SW 1/4 SW 1/4; SW 1/4 SW 1/4 SW 1/4, except that
part described in Book 1032 at page 135 as rrod ified by description in Book
1273 at page 425 and except right of way for Hampden Avenue; W 1/2 SE 1/4
SW 1/4 SW 1/4, lying West of South Elati Street, except right of way for
Harrp:len Avenue.
PARCEL D: Lots 1 , 2 , 6, 7 and 8, Block 1 , FLOOD'S AIDITIC1'1 ro
EN;LE\IO)I).
SUBJEx:I', OOWEVm, to the following:
1. Lease in f avor of l'Duntain View Golf Company, Inc., recorded in
Book 1112 at page 251 as rrodified by instruments recorded in Boo 1112 a
page 258; Book 1117 at page 203; Book 1122 at page 6; and Book 1273 at pag
428.
2 . Lease in favor of the Colorado National Guard recorded in Book
944 at page 158.
3. Lease in favor of Englewood Lions Club recorded in Book 578 at
pag 451 as supplemented by instrument in Book 588 at page 289.
4. Granted and existing rights of wa y and easements for ditches,
roads, highways and public utility lines and installations insofar as any
such may affect th subject property .
'f(X;E'nfER WITH all of the right, title and inter st, if any, of seller
in and to all strips and gores of land separating the parcels above
described from nearby adjacen lands or streets, roads, avenues and
alleys.
EXCEPT that portion of Parcels A, B, and D herein referred to s th
"retained pare 1•, r p11rticularly described follows :
BEXiINNIN8 a th Southeast corner of Lo 2 , Flood's Addition; thenc
sterly long the South line of said Lot 2 xtended, a distance of 233.5
f to a point; th nc Northerly and parallel with th st lin of South
Bannock Str t 175 f to point; th nc East rly and parall 1 with the
South Un x nd of id Lot 2, 233.5 fee to a point on the s lin
of South Bannock S r , e South rly and along th t lin of South --
Bannock Str t 175 f t to the point of iMing. County of Arap ho ,
Sta of Color do.
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EXHIB IT "B"
That portion of the hereinafter described parcel of real esta te
which lies below the following described horizontal plane:
That plane whi ch is 5 ,319.5 feet in altitude above sea l eve l as
measured by reference to the established USGS Bench Mark and further based
upon a measurement of 5,311.5 feet in altitude above sea level for the
finished surface of the highest point on the surface of the finished park ing
areas and parking structures conveyed by the within conveyance (~uch point
being the finished surface of the sidewalk abutting the building identified
as Building "F" of the Grantors' buildings and improvements located adjacent
to the parcel herein conveyed).
Said parcel of real estate is described as follows:
A part of the SE 1/4 of section 33, and a part of the SW 1/4
of Section 34, Township 4 South, Range 68 West of the 6th
P.M., Arapahoe County, Colorado, described as follows:
eomnencing at the SW corner of said Section 34; thence
Northerly along the West line of said Section 34 a distance of
68.00 feet to a point on the North line of West Hampden Avenue
(as said North line existed prior to the grants of easements
in instruments recorded in Book 1714 at pages 412, 423, 426,
and 429), said point being the point of beginning; thence on
an angle to the left of 89 degrees 40 minutes 32 seconds and
along said North line a distance of 472.00 feet; thence on an
angle to the right of 90 degrees 00 minutes 00 seconds a
distance of 133.00 feet; thence on an angle to the left of 90
degrees 00 minutes 00 seconds a distance of 150.00 feet;
thence on an angle to the right of 90 degrees 00 minutes 00
seconds a distance of 8.00 feet; thence on an angle to the
left of 90 degrees 00 minutes 00 seconds a distance of 292.40
fee ; thence on an angle to the right of 89 degrees 55 minutes
00 seconds a distance of 36 .00 feet; thence on an angle to the
left of 90 degre s 38 minutes 42 seconds a distance of 66.04
f t to a point on the East line of Santa Fe Railroad right of
way; thenc on an angle to the right of 106 degrees 54 minutes
23 seconds and along id East line a distance of 312.76 feet;
on angle to th righ of 1 d r 52 minutes 00
ncls and along id East line a distance of 812.25 f t to
a poin on th North lin of the SE 1/4 of the SE 1/4 of said
sec on 33; th nc on an angle to the right of 71 degrees 46
111inu 2 seconds and along said rth lln a distance of
63 4 .65 f to th st lln of id Section 34; th nc on an
angle to the lef of O degr s 17 minut 40 seconds and along
rth lln of th South 1/2 of the 1/4 of id Section
4 a dia nc of 46. 3 f t to the st lln of South Elati
Str thenc on an angl to the righ of 89 degr s 53
minu 19 seconds along th lin of South Elati Str ta
dis o 1111.10 feet; thenc on an angle to the left of 90
Ol minut 43 ond and long id t lin a
o 449.ll f I th on angle to the righ o
111inut 50 second a dis of 155.50 f 1
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thence on an angle to the left of 90 degrees 09 minutes 50
seconds and pa r allel to said west line of Elati Street a
d i stance of 144.88 feet to a point on the North line of West
Haq)den Avenue (as it existed prior to the grants of easements
i n instrl.lllef\tS recorded in Book 1714 a t pages 412 , 423, 426 ,
and 429); thenCe on an angle to the r ight of 90 degrees 09
minutes 50 seconds and along said North line a d i stance of
289.15 feet; thenCe on an angle to the right of 90 degrees 00
minutes 00 seconds a distance of 130.00 feet; thenCe on an
angle to the left of 90 degrees 00 minutes 00 seconds a
distance of 120 feet; thence on an angle to the left of 90
degrees 00 minutes 00 seconds a distance of 130.00 feet to a
point on said North line; thenCe on an angle to the right of
90 degrees 00 minutes 00 seconds and along said North line a
distance of 381.00 feet to the point of beginning; also Lots
6, 7, and 8 of Flood's Addition to Englewood;
EXCEPl':n«. PIOl the above described parcel the following
described parcels of real estate:
J•:xC'cJ•t-l on 11 .. Commtmcin g ci t. U1c SW cornP.r
o f Sn<:t·ion 311-clc-r;c:>:lbcd ahov c; Uwncc
Northc:rly illCln<J the Wc:;t U ne of t;aid
Section 34 a d istance of C.O. 0 0 fcc1t to il
po :i .11t on th e No rth right·-of-w,1 y line o f West
}lampclc:11 1\vcmue (ni; saicl r.i ght.-of--wa y line
c·xislc-cl prim: to the grnnt r; of e at:cmcntn .in
.i11~.tn11ncnb1 rcc:c1nl(:<l in nook 1714 .it P«ge!l
,n;i., '17.3 , 11 :J.C, 1m,, 11-7.9); thcmc:e l•:a:.tcrly ttl,,n<J
r.,d <l Nor l h r ight··o[-wny l.i 110 o cliutm,c:c~ of
163.(10 feet; thcnc:o on an ttng)e to tho left
or goboo•oo• n distnnce of "05.00 feet too
pc,nl. wh:ich .in 7..7. feet Southerly oft.he
i ntc•n.cction of Colu11u1 Linc 3:i with column
Lino DB of the buil clinCJ!I nncl i1uprovcmcmtr.
now erccLccl by Gr ,mtoL·, which point iu the
true l'o j nt or h c::g ·i 111iinc;p thouc::e Northwc-ctc-rly
on nn 11n9lc• to the:: lo(t of 45•00•00• 1110119
n lino ~rnllol t.o und l. 5 rout Southwoot<>,·ly
from s nill Col u111n I,.i no 33 u cli11t,mco or :'\CM. 00
foc i ... lo n poj u L \"lhi ell i n l • 5 [c•ct Son t hc,wt c•rl y
from CoJ.,1111r1 J,i I o N~ of u1d cl buil cl i nur.; hcnco
Soulhwcstcrly on on 1m9le to tho lcfl" of.
go•oo·oo" ulon9 n line i,nrnllol to 111ul l.5
feet sout.hcn f\t.nrly frorn onicl Column Linc: NN
" cli.s\.ttnt·C' of '100,00 fo<.'lt to 11 poi.nt which i8
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:? •• 2 feet. sonthc:rl.y of t.hci int.cr.tH':ct:i.on of.
Col ,rnm J,inc• NN ,mcl column l,inc l B of: r,a:i a
huj l c1i n(Jt,: Uwnco Northwcutc,rl.y on ,1n nn<_1lc
to t.hc right of: 90°00'00'' ,110119 a line parnllel
to and l. 5 feet S0uthw0ntcrly from ,micl column
Linc Hl a cU .t:tnncc of 256.00, feet to a point.
which i::i l. 5 f<'Cl: Southciastel"l y from Col \llnn
I.inc VI/ of r.ni<l buj_lclings; thc.11cc southwcntci:ly
011 ctn r,1v;ilc t.o t.hc lcf:t of 90°00•00• along i\
l i "'' p :u-,, l) cl to ,111'1 ). • 5 fcic.. t So\\thcn!;tcd y
f1 :0111 ·:,d c1 col.nm,, J,:i.nc VV a c1ii :tancc, of 90. 00 •
feet to n pCJl nL wl1ich if; 6.00 i.cct Northeiu:tcrly
of cc,J11mn T,inc 15 c,f snicl h;i ldingt, or jmpi:ovc:-
mcnlt:; thr.ncc Nor.th,-1':i,l:"r.ly on an on~1)c to the
d~1hl of. 90''00'00" nl.on'J i.1 line p."l1:c1llal tn
ancl C.. 00 feet Northcastcr.l y . from ::;aicl col.limn
J,:i.ne 15 " c1i1.t.ancc of.104·. o feet. t .o .1 point .
wh :i.ch if; 6. !i fcc:t Uor.tl,won ter. ly from column
Linc YY of vc:d.cl b\\i l.clin(JV; thence N0>:thea:::t:nr. ly
on ;m angle to t.hc right of 90°00•00• along
c1 U nc.: r;1r.nllcl to ancl 6. 5 feet. Northwectcr.ly
fr.om colt1mn I,i.no Y'l ,\ c1iat11n'c:c, of l 09. !i .feet
to a point; thence SC'1\\Lhc.'t.stm:ly on nn ,,nyJc
t:.o l.h<· d<J~1t of: ~0°00'00" ii <.li!lt .nnc:c of: !i,00
fc,rl. t n ;, pc,5.nl which ir: 1. !', [c •r·t f>·,,r.1 t .1,n
~ni cl C<.,l 111 ,,n J,i.nc Y'l; U1 e11c.:<.: Nu1:t:1,c ,at.t.nr.l y
on n n 11n9lc to tlt c: lcr t of 90°00'00" <1J.on ~1
a J tnc pnrt1llc l to .u1c1 1. 5 fc.,el". Hoi:t:h-
wcsb:rl.y from Col.mun Linc Y'i ;.1 cllstan<.:C:' of
!,-13. !i feet to c1 po:i.11t. which ii:; l.. 5 feet
Nor t.hcn:. t c•r 1~, fr.olll Col \\11\ll l.,; nc : 3(l of E-aicl
).1\\i )c1i11<J:: awl iwp1:ovc·111.:,ntuf t l1c11c-<.: !;1,11th ·-
c1aot<·>:ly 011 ,m nngl.,: to the: 1·jCJht of 90"00'00"
a lonCJ a ) ; nc.., p,,rn) le l to ,mcl l, 5 feet North-
c,111 l.1 :r l y f1 ·c1m Column J,ino 3p ii dist<111c.:c of
(,-1. 00 fc :<'t to i1 poj nt l, !i fcmt Norl.lWl<'fltc,i:l y
fr.011, C'C>l \llnn J,i.nc \M (Ir uui(l l>llil<li n'Js nncl
i1n1"·ov<'m e 11L!;; th(!11cc Northcmnterly on un
Un<Jl.C t.O t.hc lcf:l of ~0°00'00" ill(lrt9 n )ino
p., rn ) cl to ,m<l l.. !> fc ,.:t Nort.hwost.crly of
onicl c u Junu, J,tnc1 \·lH n clintanco of 22'1,00 !cot
ton poi nt whid1 jn l,ri f.c iot Northcnt:t.oi:ly
fro1n Col \Unn 1, · n<: '1 !• o! md 11 1.iu:i lcl:i.ngn nn<l
i111J'lrtw<'m t:nts; tl1<'n<:C1 S011tho1wtcrl y on nn nnglc
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to LhC? r.i.~1l1t of 90°00' 00 " ,1lcm<J n line pc1r.,1 llel
to i:tnc1 1. 5 fccL Nortlwnstc-rl.y from snicl Column
J,i1w '1-5 n cli,.:tnncc• of l?.8.00 feot to il point
l. !, fc-ct Jl:o rthwc:n Lc1· ly fr.oii1 Column J ,j ne fof,
of ~;nicl bui lcU 11~J s nnu i mpruvcmcnt~; Lhcmc:'c
Nm:t hNtstcrly on c1n angle to tho left of
90"00'00" nlon9 « Linc p:ir1.1llol to ctnc1 l.5
feet. Norl:hwcntcrl.y from sai c:'I Col mnn Linc s.c;
c1 d j sUmcc of 160.. 00 feel to a po:i.nt which is
l .5 feel Ne>rl.lw nsl:C?r ly from Column J.,inr 50 of
sni<l buiJd i ng5 nnd itnpr.ov0.mcnt~; thence •
So11th<,,u:tc>:'ly on c1n lll1glc: to the r..i.9J1t of'
90 "00'00" 11J.0111J a line p.ir.llllcl t-.o nucl l .!;
f<'c ,L Northec1stcr.ly fr.om ,micl CoJ.mnn J,:inc !>O
n clinUincc or 192 .00 feet ton point: whjch is
l. !i feet Northwci;t orl.y from Column Line Ml1 of
r.ni cl bui J clin~is mad i1nprovc111c,nt:i;; thenc:o
No rt.h c,1t:l;crly on tm angle to the· left of
90"00''00" nlong a line: purc1l.lcl to anc1 1.5
fe et Nor.t hwci;tei: l y fr.om suicl Col.w11n J,.i.nc 1'!M
c1 cli.i:t.l'lncc of 9G.OO feet to u point which "is
1. 5 feel Nm:thcns•tcn-ly from ColunU1 J,inc ~;3
or: ,;,d r1 bu5 l cl 5 IHJ~: c1nd i1rtprovcm1cnt1-1; thence!
f.out.lac•;,::l.<'rly on ran illlCJlci to th,i ,·jght: of:
90°(1()'00" n )ong ii Unc lJ.ll"rl)l.c] t:o ,mcl l.!i
feel No rt:hNH:tcr l y from onic:'I Columu J,inc !,3
n cl i n l n11cc or. !:i 5 . 0 r.cot t.o ,1 po.i nt . whi c:h i £
JO.!, fc ·c,t: NC>,-Ll1w~stc,-ly from c ..,11,mn J,inc KK
of. i:;il.i r1 1'ui l cli119s ilncl i111provc1nc-ntr.; th<'n CC"
Nni·thC'ni.;tc:r Jy on ,m ,111c:,lc to t.h<· )cif.t of
90"00'00" Hl.ong" Uno 1.>n1 ·n )J c•l lo illtc1 10.5
f<'c·L NortlMl~::Lci:ly from sni.c1 Cu lu11 11, J ,inc •KK
n lH f:lancC? of 96.00 fcc ·t to ;i point which j r.;
l. 'i (c·c t JYortlw.i u torly (r.010 Col umi> J,.i no !i(, or
r:,, · <1 ) ,ui l c1 · u~1; nncl j 111provl1n1t:nl 11 ; 1 larnco •
S011L11 N 1::i c·d y on ,Ill an1Jlo to llac ri ~Jlal. or
9o•oo•oo" alon9 n Hnc p:wi\llc•l to n11cl l.5
feel. Norl11c):i!:tcrly f:l:om 11.iicl Colrnnn Linc !,(,
11 cli :;lnm:r of c.si .00 feet to n poi.nt; lhcmcc
Sc,ut lw ,·ly on ,1n n119lo tc, tho right of' '1 5~00'00"
11 ,H r.t·nnr " c,r' 13'i.'l foc ,t l.O n pr,Jnt· wldc·h iB
). ', f <·r•t f:c,11l11 v o1 tt c•rly l'n,111 C'nl\1111,1 J,i11<· H c,C
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r;aicl lad .l.cl :i 11~1 :; ,111cl i m1•1 :civv1m ·11 'l.1;; lh<:11c:c,
S0ul ll\·:,·1;t·,..1:ly 011 ,1n ,m ,:i l c, t o U1 c ,:i <J hl of
'1!,"(10'00" ,1J.011~1 ;, ):inc J•.t 1·<.1llcl to ,uHl J .!;
feet Soullte;11,tci:Jy of !.ii:ticl CCJ]1 11,1n J,ine N
c1 cl:i t;U1 1H.:c of 2'1fl.OO feel: lo u po .i.nl wh i ch
:i.t. :>2.!, fcci. S011l:hL·:eslc:r ly fru111 Column J,in <·
'16 of ~il :i ,·i bn i l.cU n ~p. aucl j 1pp:r.ovc:111v11l!:,; Lh cnc
No,:thw,•1 ,lc •J:)y rn1 ,,n i.tn<J)e tu tht' l'.i<Jh l of
90~00 '00" il).cm ~J .i l:i.1ie p :1r,1 ll t •l to ,111cl ::>:~ •• !i
fc,c•t 1:0111 l1 w c,1;l <'J :ly f.J:0111 t;;dil ('0)1111111 T,i11r
'1G c.1 clj 1:l ,mc.:c i c,[ J.92 .(JO f.cl,t t .u ii poin l J. !iO
feet 8011Llw,wterl.y ·from Column Linc 'l' or
cnid b11:i lcl.i.ll<JS m1cl impr ovrn11cntr;; thC'1wc
Sout.1,L·m:;l:c:rly c111 1111 «n<Jl c, to the left or
gouou·oo• c.1 distunce of 2~.00 feet along a
l i n e pm·,,l.lcl to ,incl l.!iO fcc•t Soutl1<".lt :l:C?rly
f:rum 1;a:i.cl Colu111n J,i nc \• L.o a point wh:i.c:h ir;
l !; • 5 fee t /;oui'Jiv,et;t ei:ly f1:o,11 Column J,inc J'.! ~
or· r:a:i cl J.,u.i. ldi n91: ilncl improvcmcn tr:; theme:<'
N0r t·liwc•:,t c rl.y on iln «n<Jl c• to tho r .i <Jht. of
90"00' (10" ,1 lon~t " Ji nc pan1 J Jc-J to i.lO<~ l 5 . 5
f.<"<'l f:011l.11\·10sCc:rl y f1:01n f:ill cl Col 1111m T,i nc '1 !i
u cl i r.l,111C'C of. 211;/ .00 fP-l.:l Lo n point ; thc-mcc•
Soul ltvmr.Lerly on an 1.11191.e to Lhe lcf.L or
90°00'00" ,1 d.i.s li mcc of J '/.00 fc·ct to 11
po i nl; t .h<"11c·o NorU .. ·1C!!•lc ·rly0 on 1111 nn~rJ c• lo
lhC' r .i.CJlt l o( 90°00'00" ,I cli!:l<IIICC' c,f 11.00
f.ccl t.o ;1 i,oi11L wh ich iii l. 5 f<·cL Southcn r.Lcrly
of Col11mn J ,i nc HB of cilirl bu i lcl i nCJ D ana
impi:ovc1,u•nlr:; Ll1~·ncc Soulhwcr:tc:rly 011 Hn ,mg]<!
L.o tlw lc-f:L or 90°00'00" c.1lon9 " line 1.m.n11Jc•l
t.o i1J1<l ) • !.i feet So\lt:hc,rnt.<•rly fro1n r:ni d Col 11111n
I ,i.no Ill\ n cli ,:t11ncc• of 3 5 3 . 00 feel lo t:hc
111,ovo cl c•n cri 1,ccl Lr\lc pc,i nl or he <Ji mi.i.n<J, u«i d
p .:u:cc ) cont:ctining )7.412 nc:ror., 1110 r<' or Je nn .
'!'h e ,1bovc rnc-nc 1u ·cr:1c:nts to column l inen nrc
f rom Llw c :n tni: l i 11011 o r s nic1 col unm l · n cr:.
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_1 ... ,1·•·Jil if'". 11, C',1.111111•t11Jl11•1 ,,1 111,· !:\'/ ,•,11 ·n,•1 ,,r
t l1 v ,,J,c,v,: clci;cr i lxi ll i :c.ictic,n :1i1: t.l1 1•11c:1 •
No1:thc·i:ly c1lo11'] th<! Wc•r:L lin.-, of 1;,1i c1 ScC!tl on
3-1 n c1ii,L-.c111c e of: 73.0 feet to c1 poin t on Lhc
Norlh l inc of n 5 foot ca1;c1Mml grantcc1 to the
nep:u:Uncnt of Hi ghways, !it:atr. of Colon1do , by
in~;Lnunc nts rc>corrlc c1 in Boox. J.71'1 at. P.t<J <'S
'117., l!:1.J, il~G ,incl '17.9, 1\rav,,tioc County, Colo:r.nc.1o
r.c cm:rh;;tl1cncc F.,u:Lci:ly nl.on<J Md.cl No1:th line
c1 di ~:t.,nc:c · of !i0.00 f:cct to i.l poi11t on i:;ilicl
No rl l1 i,dy li ne: which is the true point of
l,c~f>.nning: thence cont..i nning 1,:astci:ly n) ong
f :ucl, Nc,rLhC!J:l.y lino n cl :i f:t,mcc of )8 '.,.00 f e et
t.o ,1 poJnl·.; t-hrnc:,~ Norllwr.ly 011 nn ,,n~1lc t.n
U w Jrfl c,:· 90~00'00" u '1isU111c:<' o[ ]!,'LOO
f c•c-t t.c, ,1 1,c,i11t.: thcnc:c., wc •r:tc ·1:l y on a11' u1vJl.~1
to the left or 90°00'00" a cli !:U,nC!c of lC~.oo
f cc-t. t-o a pc,i11 L: thence Solllhc:rly on nn nngl c
t.c, th<' )c[t or 90°00'00 " ,1 cli !;tnncc of l.5'1.00
fcC't to t.hc true point of l,:.:._d nning, contnining
o.~~'1 ncrcR, more oi: loGo.
}:,:c·r·J'' i _,,,, C:. Cc.,1··•,~'·uci n '.: .ii l h t· !;J ,: c1.,J ·uc•J'"
<•f th'-' ,11,~,,·c l11 !,l'• ilJ<·,1 ~:l•c.,,jo., :i -~; th c•11c ·,•
JH>o I l1 C'l 1 y 11) 0,1 ~1 I Ii•· \/1):,t ] i u c• of :,,1 id
f:1• ·,il•n ):~ ,1 c1i:.:l,'1Hl! of '/J .0(1 fc ·c·l to n
p :.ii11I c,11 tl1c· He.ii l , li11c· of ti ll' C',1:,v11 1cn,
c1 c•:,l '• i),vcl i11 )::.i·t ·J•, i c,n 11 •!}•ov,·: t l 1<.•1 1l'l'
\'1,•:.lc·,·l y 011 ,,u 1111~11<· I<• tl,t• )c•(I of
(19 '/l(l' :;;," il]Llll<J :Mil Nc11 ·,l1 1,11c· H t1it,l 11llC(:
of ;,c1.00 fc•c·I t o ,1 poi11t on ::idcl No\·tl1 li.11 c
,•h id1 ;,. Ll,c• tnc· 1,ojnt or lw'f .i11n,11<J: th 0.11c·c
c,,,111 i1,nll19 \:t•: 1,.,•)y 11Jc,119 tl1c ." i:,11 11<' ~·cHu·1oc
,,1111 ,,lc,11•_1 ,.1•ic1 Ho,·111 )3111 · .i tlii.lo11tt ·c· or
,C,!,.CICl fN·, tn ,1 )'<•in t; tl1 1·11c·c• llc•>·th<'rly on
1111 ,111~1 l c• to Uw ,·.i~1ht of 90"00'00" n cH,~t.mc·c
of l:i(,,00 fc•e>l o ,, p1 i11l: t-l,c •11 c•c• )•:,11.tc•,·Jy
011 ,111 .tw.:lc• 1,1 the 1i~1l1 , or 90"00'00" 11 c1·, •.
t 1111c·c· or ;.i<,'.,.O (l fN •t. lo II pn.i 11t; t·.hc-11c c,
t:m,th r.,·1y on ,in ,nqlc· t o tltc• d~1l 1I of
~(1"(1(1'(10" ,1 tli•,,H11t,· c,/ ]'\(,.(1(1 fvc •l to llw
t r11, )'(•i1,1. cif l• 'Ji111,ll1~1• u ,1it ,d11i11c, o.n;,n
I( J"l'f,, 11\(IT'(' (ll
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J·:>!.c:.<·)'l i c,.1 l>.. Co.mn ::Jtc:.i .n<J ,1l l h e t:n,r.
p c,.i11i o f 1 ... ,~1J1m :in~1 of Exc:el'tjc,11 C ,1 ),c,•c:;
th r11c:f• c:cmU11n.i.1,~1 1/c~:l·c>·l)' H)Ol)<J l .lw Nortl1
J j 11<· o[ c•,,::c,111<•11i.: c1 c:-:c>:> ),eel i II l·:xn,pU on n
Hh:wc ii cl :i 1:i.iln ce of :-123.0CI fcwl lo a )'C>i 1d·
wlt i C'l1 .i 1: l he t nw poj r,l of he<Jl lJIIJ JlC; c,f:
l:hi 1: oxc:c•pi.i on; t:l1 c•nce con ! :i 1111 :i.1,~1 \·11'1:,·.,•rly
c1lt•1 1q n11.i(l -,..:o ,·U, l.:inc ,1 cl:ir;tnnc-e of J;.,'l.00
frrl · l ,, ,, p cd .nl': t-hcnc<' Hcir.t:J,r-,r J y c,!1 ;u;
illl~:l u t·o tl1<' J"jCJhl uf 9()"00'(1(1 " ,1 cl .i:,t·,mc:v
of )3(,.00 fc:c l lo c1 po :i11{:; theme,: Jo:,n:tr.r.Jy
on i'lll ,m~1lc l'.o the ri:.,ht: c,f 90''00'00" a
c1 .ir:Li1 1•cc· C'lf J?.9.00 fc:ct t.c," )'~:i.nt.; lliC'11C:c,
f:ouil,c ·r ly o n ,i n illl<Jl C t .o the d~1l 1t. of
!lO''CIO'(l(1'' ,, cl i1:U111r :c, o[ ).;;(,.00 f,•,•t tu U,c,
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P R O C L A M A T I O N
WHEREAS, we live in days of uncertainty, surrounded by
international turmoil, inflation, rising crime rates and moral
confusion; and
WHEREAS, the Holy Bible remains an indestructible foundation
of truth and a source of inspiration all of us can turn to; and
WHEREAS, every person within his innermost being has a
yearning and hunger for spiritual fulfillment which God, in His
infinite wisd om, has made provision for through the Holy
Scriptures; and
WHEREAS, the Laymen's National Bible Committee has developed
materials and media message around the slogan ·THE BIBLE. READ IT
FOR YOURSELF.• to encourage people to study the Bible.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of November 21 -
28, 1982 as
BIBLE WEEK
in the City of Engle wood and urge all citizens of Englewood to
participate in this annual observance by reading the Bible and
becoming familiar with ita teachings and principles.
GIVEN under my h nd ands al thia lat day of November, 1982.
Eug n L. Otis;;:-~
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P R O C L A M A T I O N
WHEREAS, we li ve i n days of uncertainty, surrounded by
i nternat i onal turmoi l , inflation, rising crime rates and moral
c onfusion ; and
WHEREAS, the Holy Bible remains an indestructible foundation
of t r uth and a source of inspiration all of us can turn to; and
WHEREA S , every person within his innermost being has a
yea r ni ng and h unger for spiritual fulfillment which God, i n His
infinite wisdom, h as made prov i s i on for through the Ho l y
Sc r i p tu re s; and
WHEREA S , the Laymen's National Bible Committee has developed
ma te r ials and media message around the slogan ·THE BIBLE. READ IT
FO R YOUR SELF.• to en c ourage people to study the Bible.
NOW, THEREFORE, I , EUGENE L. ~TIS, Mayor of the City of
Englewoo d , Co l orado, do hereby proc l aim the week of November 21 -
28, 198 2 as
BIBLE WEEK
in the City of Englewood and urg e a ll citi z ens of Eng lewood to
participate in this annual observance by reading the Bible and
b coming familiar with its teachings and principles.
GIVEN under my hand and seal this 1st day of November, 1982.
Eugene L. Otis ~a ~
I .
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P R O C L A M A T I O N
WHEREAS, we li ve in days of uncertainty, surrounded by
international turmoil, inflation, rising crime rates and moral
confusion; and
WHEREAS, the Holy Bible remains an indestructible foundation
of truth and a source of inspiration all of us can turn to; and
WHEREAS, every person within his innermost being has a
yearning and hunger for spiritual fulfillment which God, in His
infinite wisdom, has made provision for through the Holy
Scriptures; and
WHEREAS, the Laymen's National Bible Committee has developed
materials and media message around the slogan ·THE BIBLE. READ IT
FOR YOURSELF.• to encourage people to study the Bible.
NOW, THEREFORE, I, EUGENE L. UTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of November 21 -
28, 1982 as
BIBLE WEEK
in the City of Englewood and urge all citizens of Englewood to
participate in this annual observance by reading the Bible and
becoming familiar with its teachings and principles.
GIVEN under my hand and seal this 1st day of November, 1982.
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P R O C L A M A T I O N
WHEREAS, we live in days of uncertainty, surrounded by
international turmoil, inflation, rising crime rates and moral
confusion; and
WHEREAS, the Holy Bible remains an indestructible foundation
of truth and a source of inspiration all of us can turn to; and
WHEREAS, every person within his innermost being has a
yearning and hunger for spiritual fulfillment which God, in His
infinite wisdom, has made provision for through the Holy
Scriptures; and
WHEREAS, the Laymen's National Bible Committee has developed
materials and media message around the slogan ·THE BIBLE. READ IT
FOR YOURSELF.• to encourage people to study the Bible.
NOW, THEREFORE, I, EUGENE L. "OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of November 21 -
28, 1982 as
BIBLE WEEK
in the City of Englewood and urg all citizens of Englewood to
participate in this annual observance by reading the Bible and
becoming familiar with it teachings and principles.
GIVEN under my hand and seal this 1st day of November, 1982 .
Eugene L. Otis Mi~
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TO:
FROM:
DATE:
SUBJECT:
Gentlemen:
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MEMORANDUM
Andy Mccown
Kells Waggoner
Gale Christy
Charlie Blosten
City Manager, Englewood
Director of Public Works, Englewood
City Manager, Littleton
Director of Public Works, Littleton
William F. Owen, PhD., P.E.
Director of the Bi-City Plant
October 18, 1982
Agreement Between Cities of Littleton and Englewood for
Joint-Use Wastewater Treatment Facilities
Attached herewith ia the sixth draft of the subject Agre-nt, which I
believe includes all the reviaiona desired. In addition, I included a draft
manorandum for transmittal to City Councils. Thia draft, of course, is
subject to revision, and I would be glad to make any changes you would like.
It is my understanding that the Agre-nt will be taken to City Council
in the first -ek of November. If there is a probl-with this schedule,
it would be desirable to motify others of the change.
Be5t;z::ll,
fC'"ewen, PhD •• P.E.
WFO:eb
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RECEIV E':
OCT 21198 Z
CITY MANAGE ll'S OFFICE
ENGLEWOOD
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TO:
FROM:
DATE:
MEMORANDUM
Joint City Councils
Cities of Littleton and Engel'WOOd
William F. Owen, PhD., P.E.
Director of the Bi-City Plant
October 18, 1982
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SUBJECT: Agreement Between the Cities of Littleton and Englewood, Colorado
for Joint-Use Wastewater Treatment Facilities
Ladies and Gentlemen:
Transmitted herewith is a revised agreement for joint ownership
and operation of the Littleton/Englewood Wastewater Treatment Plant (Bi-City
WWTP), which uponauthorizatio~ would replace the existing agreement between
cities dated July 2, 1973 . The draft is forwarded for your review, comment,
modification and approval. Rationale for the revised agreement and major changes
proposed are discussed in the following.
BACKGROUND
As you are aware , operations and m&n&gment of the Bi-City WWTP were
changed considerably this past year in order to provide more reliable and cost-
effective service to users of the system. One objective of the current 111anagement
program is to ensure th ta sound, long-term, cooperative working relationship exists
between cities. Th cornerstone of this working relationahip is the written
agre nt between cities.
The orig nal Agre-nt was conceived and drafted before th Bi-City
iWTP was constructed, nd a nee then th nderstanding of pl nt op r t:i.ons has
tured nd ch nged considerably. Look:i.ng to the future, :i.t prud nt to
rev:i.s the written Agre nt bet n c:i.t s at this ti-to bett r repres nt th
current und rstand nga, providing • aol:i.d basis for future 111anag nt and c aion
k ng. The revi ed Agr nt tr n tted herewith w • drafted to th send.
key co pon nta of th revised Agr -nt are:
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memo tp Joint City Councils of Littleton and Englewood -October 18 , 1982
page 2
1) accomodate the Englewood WWTP
2) r.evision of cost accounting and financial management
ENGLEWOOD WWTP
The Englewood WWTP was placed in service in September 1982 to augument
the capacity of the Joint-Use WWTP. The current understanding incorporated into
the revised Agreement is that the Englewood WWTP will be operated under the existing
management structure for the Joint-Use WWTP, recognizing ownership will remain solely
with the City of Englewood. Operating and maintenance costs will be distributed
in combination with the Joint-Use Facility in proportion to relative use.
For clarity, facilities are defined as: 1) Englewood WWTP, 2) Joint-
Use WWTP (Jointly-owned facilities), and 3) Bi-City WWTP (combined facilities of
the Englewood WWTP and the Joint-Use WWTP).
FINANCIAL
In the past, costs were distributed between cities in proportion to
"estimated" use, based on a formula developed by HOR before the facilities were
constructed. This formula incorporated BOO, flow and auapended solids in the cost
allocation. In reality, however, estimated uae differedconaiderably from actual
use on many occasions, which caused considerable confusion. To alleviate this
problem, we propose that future coata be diatributed according to ~~based
solely on flow records. This will simplify coat accounting aubatantially such that
all parties will clearly underatand the coat distribution formula and its basis
for computation. In ddition, several items have been included as "fixed costs"
i n cost al l oc t i on formula i n recognition that the aaaociated itema are not a function
of rel t i ve u s e (e .g. dm i n istr tion costs).
CAPITAL RE I NVESTMENT ACCOUNT
A capi tal re1nveatm nt ccount haa been defined in th revis ed Agreeaent
with th i ntent of eatab liahing a j o i nt ccount tor setting aside tunda on an annual
b aia 1n p r oportion to d r c 1a t on o f t ac litiea. A mechanism tor COlftPUting the
at d pr cti ion u 1ncorporat • a budgetary guide. Th ctu l amount
contributo<l by ch city uld d et rmi.n ch year by mutu l gr nt . I • •
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r.-.emo to Joint C1.ty Councils of Littleton and Englewood -Oc ober 18, 1982
page 3
MEETING SCHEDULE
The .c evised agreement calls for montly -•ting& of the Supervisory
Co11111ittee for general plant management and annual -•ting& of the Joint City
Councils for planning and budgeting purpose&.
We recommend the existing agreement be modified to better represent the
actual understanding between the Cities of Littleton and Englewood, thus providing
a sound basis for future managment of the Bi-City Plant. We believe the draft
Agreement transmitted herewith meets the needs of both cities, and in this light,
we recommend finalization and approval of this document.
~-
William F. Owen, PhD ., P.E.
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DRAFT NO . 6 NOVEHBER 1 , 19 82
AGREEMENT
BETWEEN THE CIT l ES or
LITTLETON ANO ENGLEWOOD, COLORADO
FOR JOINT-USE WASTEWATER
TREATMENT FACILITIES
RECElVEG
'IL'~~ 1,u ~
CITY MflNA GElfS OFr!C~
[N GLEWOOD
This Agreement, entered into th i s _______ day o f ----·--
19 __ , by and between the City of Littleton, Colorado, a mun ici 1ial
corporation o f the State of Col or ado ( hereinafter referred to as
"Littleton") and City of Englewood, Colorado, a municipal c orpora-
tion of the State of Colorado (hereinafter referred to as "Englewood "):
WHEREAS, on the 2nd day of July, 1973, the Cit i es of Littleton
and Englewood entered into an aqreement for constructi on and operat-
tion of the Joint-Use Wastewater Treatment Plant, 2900 South Platte
River Or i ve, Englewood, Colorado 80110 .
WHEREAS, this contract was entered into pursuant to the ba s i c
powers of the Cities to contract with each other and, f urther, pur -
suant to enactment by the State Lea1slature In 1971 of 1n amendment
to C.R.S 1973, 29-l-2'll ; and
WHEREAS, to augment capa ci ty of the Joint -Use WTP , t he EM el wood
Wastewater Treatment Plant, 11 00 Bates Avenue, Eng l ewood, CO, 8011 0,
was renovated and placed In s ervice i n Septetlll>er, 1982 ; a nd
WHEREAS, for purpose s of this aqreement the f ol low ing def initions
will be use d :
Jo, nt-Use wwrr
En l ood WWTP
81-City WWTP
-Joi nt-Use Wastewater Tr ea t111e nt Pl ont
2900 S . Platte River Dr i ve
[nqlewood, CO 8011 0
-Engl ewood as t twlttr Tr 1Uoent Pl1nt
1100 Bates Ave
nql ewood , co 80110
C0111b1 ned opera t1ons of JolM-Usf'
11,<1 1 ood P, •nd
~ and
E EAS, the City of Engl d a the sole ner of th Enol ood
lP and,
WHE EAS, Linltt n and Cnql oo. by prt•IOllS I rt n t , ore
jo1 nt owners of tht Jo n -Ui.e Plant, H C nl nq and a rt n t l t l ed t o
rd tJ Ptrl nl (~O ) o th " rat1nq ca a clty of t Jo nt -U~ Plan t ,
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wh i ch c apacity i s approximately 20 million gallons per day (mqd )
with Littleton being entitled to approximately 10 mgd and EnQlewood
be i nq entitled to approximately 10 mqd; and,
WHEREA S , ,t i s the i ntention of the Cities of L1ttll'l011 a nJ
Englewood to manage and operate the Enql ewood WWTP i n c on c ert with ,
and within the administrative structure established for, the Jo i nt ·
Use WWTP; and,
WHEREAS, the basic concept of this Agreement is that neither
City shall be a customer of the other, but rather the Citi e s shall
operate the Bi-City Plant with costs of addit ions, and costs of
operation and maintenance being d ivi ded between them in a fair and
equitable manner as set forth here inafter with greater specificity;
and,
WHEREAS, over the past severa 1 years, operations and management
of the Jo i nt-Use Plant have ch anged, the c011111it111ent between t~e Cit i es
of Littleton and Englewood has changed, the understandinq of opera -
t ions and manaqement has been refined, and plann i nq has begun for
expanding the J o i nt-Use Pl ant with construction of new facilities and
the add i t i on of the reMvated Englewood Plant, and
EREAS, the Cit s of Littleton and Englewood agree that 1t
1s in the be st i nterest o f both Cities to -nd the 2nd day of July,
1973 ag re ent c oncern i ng the Joint-Use Wastewater Treat111ent Facil i ty
to 1110re acc ur ate ly repl"e s ent the needs of both part i s.
TH EREF ORE , IT I S AGREED by and bet en th par t 1 ~ hereto
tnat this a gre-nt sha ll r plect the 2nd day of J uly , 1973 •qr n t
o t~ u d rHand1n9 betw n c1t1t\ on
Cly Plant ,
S t 10 I OP(IIAT IOII
ership and ooer1t ,on of the 81-
S ~trv1Sory C itttt : A f'91nent c i ttt , to bte
no " n ht uµervhory C itte 1nd ,ch s hall con•
loy ts t , 11 V • ,•\
10 It d bt th t1ty Man• r f ach City, all o• r~ all
Jo111t facll 1tv a d 1 ttendant M ttt ,
J "' "' all
Jorl t y vott . In nt t a t
• l r!ty ar r1 at on • y tt r\ wltllH
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the scope of their authority, then, and in that even , a fifth
member of the Supervisory COITITlittee shall be dppoin ted for
the purpose of reaching a determination of that issue. The
i ft ,n ember shall be an individual whose identity "
agreed upon by the two Cities, or in the ab sence o f such
agreement, the fifth member shall be appointed by he
presiding judge of the Eighteenth Judicial Distri ct of
the State of Colorado, and this fifth member so appointed
shall be one wh o is experienced and educated in the field
of wastewater treatment, and the operation of treatment
plants . Costs for the fifth member shall be apoortioned
equally to both cities (50'1 each) out of the Bi-City Plant
Operating budqet .
2. The Supervisory Conmittee shall hold monthly meetings to
discuss plant operations and adm inistrat ion.
1. The City of Englewood shall operate the Bi-City Plant un der
the control of the Supervisory CC)llllllttee . Englewood shall
be reimbursed for Littleton 's share of the Bi-City Plant
operating expenditures based on actual verifiable costs as
established under Section Ill, plus 1n acinlnistration fee
of three percent (31') of the total operating budget,
exclusive of the Capital ReinvestMnt Account defined In
Section 111-3 and capital outlays for new equipment or
fac ili ties .
4 . i .hin one (1) y 1r frOIII the dlte of this COfltr•ct, e•ch
City sh1 l1 1ocpt 1nd enforce i nd s trh 1 1111 te .. nlQ nt
oroin1nc•1 co ,trol I 1ng 1n
lu nt 1 U curd
~ lilt ... ~
.t to t/1 plant, and sh al l
In t V nt ll•dl th
ordin ance of o Cit Pt its ont I n r tu\tomers t o
to M lnut o d11thar nte con ta in 119 1 hi r 100 con-
tent tt
10 ,t, nil
( Ill
• ,O 111 that IYWl l, thtt City shall IIIY n
to dtt ,..; d by tllt u rvisory
lot C1 tiH ~hill r lrt C:OIIPl 1n wllh
u1d ord1 anc
T~ , • tt.at
rueo u •
of t dhtrlcu C t ey S f"¥
l•nt 111 11
nt of t ll•Clty ,i.nt u r t
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directio n of the Supervisory Conmittee, and opera t i nq cos ,,
for the Englewo od WIITP fa ci lities will be ap portione d to both
c ities as stated in Section 111 of thi s Aqreement. The Enq lc-
wood WWTP wi ll remain under sole owner ship of h<· r; v of
Enq lewood, and therefore will not be a component in the
Cap i.al Reinvestment Account discuss ed in Sect ion 111 of tn i ;
Agreement .
6. Monthly reports relative to operation of the Bi-City Plan t
shall be required by the Supervisory Co,mnttee . The Bi-City
Plant facilities and records shall be open for i nspect i on
and review of the parties ;
7. Meetings of the Joint City Councils for the Cities of
Littl eton and Englewood shall be held at least once per
year .
B. Each City covenants and agrees that 1t wi 11 qenera te
s ufficient revenues through sewer rates or other means
to ma ke thP payments necessary under the tenns of th,,.
contract .
SECTIO 11 SUBSEQUENT PLANT ENLARGEMENT
1. At sucn tim as ei ther City ,s uslnq eiqhty percen t (80 t)
o f ns capac i ty i n the el-City Plant, or Is under contract
with Ois tric s or other entities, whi ch l ead ,t reasona-
bly to conclud that it soon will be at or over the Sdld
ighty percen t (80'l) figure, it 01ay requ st that th other
C,t:, l ease or sell a port ion of th unused capacity
of the Joi nt-U Plant owned by u ld other Ci t y. or n 111ay
nlar9e t I Joint-UH Plant.
2. The cost of 1n1 enlarq nt, if required, by on City
~ur ~••·t to t nas of s,•t ion l I, ptraqraph 1. ,hdll
be borne by e Ci ty r ulring the plant enla rg nt, and
th addition 1 pa ity ,hall bt d by said CHy
th e, nt Wlft CltlH r u1re1<ldlt1on1l plint t•~~1ty,
t t hill ftl1 ,n t con and v ntua l rsl11p of
th Cr U d Ui, I. It)' IS d uP
1Cldill l UP6 lly r Ir .i
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SECTION 111 FIN ANCIN G
1. A1lu cc1tion of onnual c harc1es ,ind determini1ti o11 of r(,,, ...
for operation of the Bi -City Pl ant sha 11 be detenni ned
in the followinq manner :
1.1 The tota l ann ual charges for the operation and maintenance
(h e rein after referred to a s O&M ) for each ye ar shal 1 be based
on actua l costs and use as related to volume of sewaqe
con tri buted by each City . Costs will be apportioned
according to fixed and variable costs l isted in A~pend1x
1.2 Each city shall pay O&M costs no later tha n the
10th day of each month by apportioning one-twelfth
of the total annual costs budgeted for plant operations
and maintenance in accordance with the cost formula
shown in Appendix!, using the average fl011s fron both
Cities for the 10-month period im,ediately preceding
calculation.
1.3 O&M costs shall be adJusted twice each year. on May
1st and Movember 1st, to ac count for actual operatinq
costs . The final year-end cost adJusunent sh•ll be
based on actual fl ow s and actual costs ( 1n'1ud1nq
outsunding accounts p1y1bl el for that year .
\. a Etch City wi 11 accrue interest on advanc ~y,r,ents
for O&M costs in propcrtion to relative contribution .
Th final year-end cost adjusunent ,1111 account for
interests earned by both cities .
2 . In the• ent capi tal repairs are necessary requir inn
•• di t11rt o fund abovt thOH which the Jo nt-lJu
Pllnl u at 1 s dhpoul, thlY shall b paid on -half
~, • i Cllt , t,ut if ,n th future. throuq 1,l.1111 •11lan1 •
nt, C1t1 actually s "'°" of the plant, they sha ll
b Ill d O u, then t•IHI ratio of own rshlP
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3. A Capital Re investment Account s hall be 1nil1aLed ,n
fiscal year 1983 with the intent of setting aside funds
on •n annua l basis for coverinq depreciati on costs for
capital assets of Joint-Use WWTP (the reactivated
Englewood Wastewater Treatment Plant is explicitly not
considered i n th~ Capital Rei nves tmenl Account ). The
capita l reinvestme nt account shall be managed as follow s.
3 . l The capital reinvestment account will be a separate
account, managed by the Finance Director of the City
of Englewood, and subject to review and approva 1 and
in accordance with policies, i nclud i nq invPst.me nt policy.
set forth by the Supervisory Corr.,it tee
3 .2 The distribution of funds to the capital reinvest-
ment account will be allocated on an annual basis
through budget approval of the city councils of
both Cities . Total annua l con t ri bution to the
c ap1 ti l rel nvesu.ent account sh1 ll be dePOS 1ted
quarterly In four equa l dlsburs-nts, eac dh-
bursement made In advan ce by th 10 di o t
f1 rst 110nth of each quarter .
3.3 The tou l annual contribution to the ca ,ul
reinvestment account shall be approvec by n
vote of both city counc, ls by De ceaber ht t• •r
Eich city shall contribute to th .ccoun 1n
proPOrtion to relative
Plant.
3 4 The intent or t~e c•plt l r invest nt ccn,,nt i,
d preci t1on u adJusted for 1nfl1t10 and present .. ortn
of Jo•ntlt·
Sh al l b C(ljll puted 1nnu111 y u 1nq th EPA Lon, l ru •
t1on Co\t lndtK for l1111 City Advan ced Tl"ttt nt
(l T) ,n ,n Ornv r Aro Th •t of n,f\,r nc
or t e in, tlal ,. llit1 ,11.,, t fourth
utrttr of 1977 (E A CCI 123}, Su t nt d1tlon\
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shall be referenced to the quarterly index of s tart-
up of new faciliti es . Accounting and depreciation
of ca pital assets s ha 11 be acc ord i nq to Append ix I I.
The estimated annual dep r e ciati on shall be p,epared
by July 31st of each year for the upcoming year, and
this in formation will be made available lo botn dt1es
for budgeting purposes.
3.5 Fu nds from the capital reinvestment •ccount s ha ll
be used for re placement or refurbishing of existing
facilities or equipment at the Joint-Use Pl ant only .
In th 1 s regard , funds can be used for rep 1 at i ng
existing fac il ities or equ ipment with alternative
technology, provided the i ntended funct ion of the
new facilities is the same as for the facil1t1es
replaced. Explicitly, this account is not intended
for plant expansion, operating and ma i ntenance expense,.
replacing r.c1lit1es at the Englewood WWTP or e11q-
ineer ing fees. Any use of this a ccount must be
approved by the Supervisory C itt , •nd exp n -
ditur s IIIOst be over $2,000 for etch activity .
SECTION JV. SER~IC A EA
l. It is a ou1c concept o logical develoPfllt!nt o , er
t reH t aci l n 1 es tnat co 11 ec t 1 on systems rvP
dr11n10 basin\ .h1ch fl n1tur•lly bV oravlly lx<ept
where ex1st1ng contracu wit DhtricU, or other nt1-
t1es, pr sent 1 •l 1 ed1 nu hteh unnot be o,.r-
y n Otlitlon I • reeo 1111t
uc C1t 1 shell \erve t o~ ar11n• b• 1n\ 1c
n•twr• r to t~t' twlle tto ft I I tt••~ l,)t ti,._.. Ht I.tty.
p;t o,, Ill,• p of th• dra in• bu1r1 , s ,r , .. 1c
dtStnta , Ind S r;tC ar s uf th t!
ltll o and aut a part ..,, tll 1 \
1 tlt:S I I
If ••
bl\\n 01 "
n t lh•l , 1 r tu h , ult , th l • \ ~,.,..,
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City may se rve it . "Re fusal to serve" shall 111Pan lh,11
upon wr i tten ap plicat ion, the City involved shall
exoressly deny service to the appl icant ; implied rp fu s al
5hall mean that upo n written application, lht t,t.y 11>volv t·d
does not respono in writing within sixty (60 ) day , rrom
thE date of app 1 i ca t io n ; condi ti ona 1 ap prova 1 of ,crvi ce
s ha 11 not be cons trued as a refusa 1 of snv, ce fherc
shall be no expansion of service by one City a cross 01
into basins wh ich naturally drain to the collection
facilities of the other City, except as here i nabove
provided .
SECTION V. MISCELLANEOUS
l. This contract sha ll exist i n perpetuity, unless
terminated by mutual agreement or oper at ion of law .
Upon terminat i on of th is Aqreemen t, assets shall be
d1v1ded between the Cit1es 1n \uc.h mann c, d 'i Uwy ,n.,y
aqree upon, but 1 n the absence of such aoreemenl , th~n
by aopraisal with a Member of the Appra is a l lnst1tut1•
(MA I) be inq d s1gnated by the Citi es, or I n the
absence of an aqreement on the i dentity of the HA I,
b/ an HAI appra i ser designated by the pres1d1nq J cge
of the (19 tr n Jud1 c 11 l Ontrict of h \t•l• u1
Colorado .
2 . In order tc orov 1de for prop r na r.l u tn 11 •
fee 11 y, i ,,d ~rnuod •nd •qrp d t al tllr c • I.,
o tll · t•e•ll< i,hnt, or to th nttrt~P or 111 1 \t• '
~ 1n • 1111 nl•u 11 o el ,ht (8) inch1•\,
J , 1t 1 1u n ~ Jll n er-. tor En4 l e wood's .,,,. , . .,, •ll<I >l/
1f on~ 111 1w o•ll ons per d1y av r1q fluw 111 lt1, •l•-,
l 66 t lilt \t'H l"f n, hnt-llffl\4n ,,nYt'j\ Li tlt•lw,'i~ ""'
' h bl I ' ty p I I I • •
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Uont omJ ~,oned ~s of t he day and year fir~L ab uvt · writlt •n
CITY OF llT1LEfON
By _______ _
Presi dent of C1ly Coun r ,l
ATTE ST
City C1erk
C ITV OF ENGLEWOOD
By ______ _
Mayor
ATTEST
Ci ty Clerk
Approved as to Form
.... ---
R'c • u ,nt t, City Atto n y City of l n~lewno
L1rrv Ber ow1 1, CH v Attorn C1 ty o f L1 tl e t,.,,
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APPENDIX I
SCHEDUL E OF OPERATIONS ANO MAINTENANCE COST ALLOCATION FA CTOR~
ALLOCATIO N
ITEM FA CTOR
l. Personnel Salnies
2. Administration Expenses F
3 . L1bor&tory F
4 . Renuls V
5. Che,nicals
6. Utilities . ..
7 . Vehicles V
8 . Maintenance/Materials V
9 . Sllldge Disposal V
10. Training V
11 , Professional Services F
12. Contingency V
• V -denotes variable costs apportioned accord ing to relat1ve flow
contribution, based on average flows for the 10 -MOnth period
,_diately p,..ceding calculati on .
F -denotes fixed cost5 apportioned according to rehtive owner~n,p.
~
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APPENDIX 1I ~
CAPITAL ACCOUNTING CATEGORIES ANO OE~kl tl Al ION SCHLUU L
(ffiMA'l'I 1n1 rl ~
PROCESS AREA SUU-C AHGOH IL ~ VCAH~
I. Headworks A. Building M•teria ls
and Cons true L 10n ~o
2. Primary Clir1 flers 8 . Hoi sture Protection 25
3. Pr11nary Sludge P1111p Station C. Doors , Wrn<Jow~ & GI ass l~
4 . Oxyg•n S.sin and Genfrator D. Finishes 5 ~ ,.
5. Final Clarifier E. Equipa1enl 15-)0
Ill
6. Chlorinati on F. Conveying System 10
7. An11robic 01psters G. HVAC I Pl llllb i ng 10-30
~-Engine Generators H. Process Pip1ng 50
,,
9 . Solids !Yndl Ing I. Electrical 40
10 . Adll inh tration J. Engi neer1 ng Services 10
11 . V.rd Piping and Electric.1
Distribution
12. Si tawork
13. Tunnels
14. lnstl'Ullentation and Controls
I
15. Ma intenance Shop
16 . Vehicles
• I • •
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ENGLEWOOD
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JOINT USE LOCi\TIO!,
MAP AND WAT ER SUPPLY
INTAKE S
WITHIN FIVE MIL~S:
1.
2 .
3 .
4 .
5.
6 .
Joint use Treat-
ment Plant
Bear Creek
Headgate
Allen Plant
Headgate
McLellan
Headgates
City Ditch
Headgate
Nevada Di t ch
Headgate
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J OI NT USE l ,\".'IO!,
MAP AN D WATER SUPPLY
INTAKFS
WI 7HI N F [\,T ~rt=::,::
l. J oi n t Lis T r ea~-
me n t P lant
2 . Bear Creek
Headga e
3. All en P lan
Headgat~
4. Mc Lell a
Headga tes
5. City D1 tch
Headgate
6 . N vad a Di t ch
Headgat
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 198=2~~~
A BILL FOR
COUNCIL BILL NO. 55
INTRODUCE~BY COUNCIL
MEMBER t 1
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON,
COLORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT
FACILITY.
WHEREAS, the City of Englewood and the City of Littleton
are Home Rule Cities operating under charters pursuant to Art icle
XX of the Constitution of the State of Colorado; and
WHEREAS, the power to contract with each other is within
the scope of the basic powers of both cities and with i n th e
specific provisions of C.R.S. 1973, 29-1-201 et seq.; and
WHEREAS, considerable planning and negot i ations, i nv ol v ing
the appropriate representatives of each city have resulted i n a
proposed contract to jointly operate the Joint-Us e Wastewater
Treatment Facility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City of Englewood shall contract with the
city of Littleton, Colorado, ac c ording to the provi s ions of the
written instrume nt captioned •Agreement Between The C i ties of
Littleton And Englewood, Colorado For Joint-Use Wastewater
Treatment Facil i t i es•, which is attached hereto, cons is t i ng o f
t welve (12 ) typewr i t t en page s , and incorporated by ref eren ce . S a id
i nstrument genera ll y prov i de s that:
a ) The ch ara cte r o f o wn e r s h i p sha ll b e tena n cy in
common; •
b) A fl v e-member Su p ervisory Co llllDittee shall o v ersee
construction and operation of the f a cility;
c) Allocation of op r ting costs shall be determined by
specified formulas;
d) Subsequent plant enlarg m nt h 11 follow described
guid e lines;
e) Fin ncing , servic
shall be as detail d therein .
rea , a n d contingency procedures
s ction 2. The M yor of the City of Eng lewo o d 1 h r b y
authorized and direct d to exec ute th inatrum nt incorpor t d by
r fer nee n Se c t i on 1 and the Directo r of Pin nee, x officio C ty
Clerk-Treasurer, shall duly atte ta id e x ecution •
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Introduced, read in full, and passed on first reading on the
1st day of November, 1982.
Published as a Bill for an Ordinance on the 3rd day of
November, 1982.
Eugene L. Otis, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 1st day
of November, 1982.
Gary R. Higbee
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DRAFT NO . 6 NOVEMBER 1, 1982
AGREEMENT
BETWCEN THE CITIES OF
LITILETON AND ENGLEWOOD, COLORADO
FOR JOINT-USE WASTEWATER
TREATMENT FACILITIES
This Agreement, entered into this ______ day of----
19 __ , by and between the City of Littleton, Colorado, a municipal
corporation of the State of Colorado (hereinafter referred to as
"Littleton"} and City of EnglNOOd, Colorado, a municipal corpora-
tion of the State of Colondo (hereinafter referred to as "Engl ewood "}:
WHEREAS, on the 2nd day of July, 1973, the Cities of Littleton
and Englewood entered into an ag-nt for construction and operat-
tion of the Joint-U~e Wastewater Treatment Plant, 2900 South Platte
River Drive, Englewod, Colorado 80110.
WHEREAS, this contract was entered into pursuant to the basic
powers of the Cities to contract with etch other and, further, pur-
suant to eMctaent by the State L19hl1tun in 1971 of an amendlllent
to C.R .S 1973, 29-1-201; and
WHEREAS, to augaent capaclt,y of tilt Joint-Use WWTP, the En9elwood
W.stewater Treatllltnt Plant, 1100 Bites Avenue, E119lewood, CO, 80110,
was renovated and placed in service In S.ptellbtr, 1982; and
WHEREAS, for purposes of this agr-t the following definit i ons
wil 1 be used :
Joint-Use WWTr
Englewood WWTP
Bl-Ci ty
• Joi nt-Use W.stewater Treatment Plont
2900 S. Platte River Drive
EnQlNIOCI, CO 80110
• Engl ewood Wutew1ter Treatment Plint
1100 Bites Ave
E119l 1Wood, CO 80110
-COllbi ned operations of Joint-Use
tng lewood WTP, and
P and
EREAS, the City of Engl -4 1s the sole owner of the EnGl ewood
P and,
EREAS, Li ttleton and (fl911Wood, by previou, 19r-nt, art
joint owne rs of the Joint-U t Plant, tlc:11 owninq end art entltltd to
r,f ty Pircent (~01') of th o rati
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which capacity is approximately 20 million gallons per day (mqd)
with Littleton being entitled to approximately 10 mgd and Enqlewood
being entitled to approximately 10 mgd; and,
WHEREAS, it is the in tention of the Cities of Littleton and
Englewood to manage and operate the Englewood WWTP in concert with,
and within the administrative structure established for, the Joint -
Use WWTP; and,
WHEREAS, the basic concept of this Agreetnent is that neither
City shall be a custOG1er of the other, but rather the Cities shall
operate the Bi-City Plant with costs of additions, and costs of
operation and maintenance being divided between them in a fair and
equitable manner as set forth hereinafter with greater specificity;
and,
WHEREAS, over the past several years, operations and management
of the Joint-Use Plant have changed, the c~itaent between the Cities
of Littleton and Englewood hu changed, the understandinq of opera-
tions and .. naq-nt has been refined, and planning hu begun for
expanding the Joint-UH Phnt with construction of new facilities and
the addition of the ..-ivated Engl.ood Plant, and
WHEREAS, the Citlles of Littleton and Englewood agree that it
is in the best interest of both Cities to -nd the 2nd day of July,
1973 agre-nt concerning the Joint-UH Wast-ter Treatllllnt Facility
to more accur1tely represent the needs of both p1rties.
NOW THEREFORE, IT IS AGREED by ind betwun the parties hereto
that this 1grt-nt sl\111 replace the 2nd day of July, 1973 aqre-nt
as the underst1ndl~g bet10etn cities on ownership ind operation of the Bi-
c, ty Pllnt .
SECTION I OPERATION
l. Supervisory Connlttff: A pel"lllnent c~ittee, to be
kno10n u tl\e Supervisory C-ittee and which shall con-
sist of two 1dll1nhtr-ativ eaployffs frOIII ach city, d11~-
i qn1ted by the Ci ty Mtn,ger of each City, shill overu all
0114rations of the joint facllttv and attendant Mtters .
Otc1sions shal l be .. de by aa,lority vote . In the event that
1 NJorlty vou ca11110t be arrived It on any .. tters '" thin
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the scope of the ir authority, then, and in that event, a fifth
member of the Supervisory Comnittee shall be appointed for
the purpose of reaching a determination of that issue . The
fifth member shall be an individual whose identity is
agreed upon by the two Cities, or in the absence of such
agreement, the fifth member shall be appointed by the
presiding judge of the Eighteenth Judicial District of
the State of Colorado, and this fifth member so appointed
shill be one who is experienced and educated in the field
of wastewater treatment, and the operation of treatment
plants . Costs for the fifth member shall be apoortioned
equally to both cities (SOS each) out of the Bi-Ci ty Plant
Operating budget .
2. The Supervisory C011111ittee shall hold monthly meetinqs to
discuss plant operations and adllinistrftion .
1. The City of Englewood shal 1 operate the Bi-City Plant under
the control of the Supervisory CoMittee. Englewood shill
be reiabursed for Littleton's share of the Bi-City Plant
operating expenditures based on actual verifiablt costs as
established under Section Ill, plus an adllinistration fee
of three percent (3S) of the total operating budget,
exclusive of the Capital Reinv11taent Account defined in
Section 111-3 and capital outlays for new equil)llltnt or
facilities.
4. Within one (1) year froa Ult date of this contr1ct, each
City shall adopt and enforce industrial waste manaqement
ordinances controlling influent to the plant, and shall
enforce effluent standards that comply with existing
Hite and feder,1 1 regulat ions. In the event thJt the,
ordinance of one City peraits existing sewer customers to
continue to discharge waste containi119 a higher 800 con-
tent, then, and 1n that event, that City shall pay an
add 1t 10111 l s1111 to be deterai ned by the Supervisory
ittee . Both Ci ties shall require co.pHance with
u1d ordinances froa .. ch of the dfstrict5 which they serve.
5. The r11ctivated Englewood Wastewater Treat•nt Plant will b
operated 11 I COlll)Oneftt of the 11-City Plant under the
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direct ion of the Supervisory Conmi ttee, and operating costs
for the Englewood WWTP facilities wil l be appurt1oned t o both
cities as stated in Section III of this Agreement . The Engle-
wood WWTP will remain under sole ownershi p of the City of
Englewood, and therefore wi 11 not be a component in the
Capital Reinvestment Account discussed in Section I I I of th i~
Agreement .
6. Monthly reports relative to operation of the Bi-C i ty Plant
shall be required by the Supervisory COfll!l itlec . The Bi-City
Plant facilities and records shall be open for ins pection
and review of the parties;
7. Meetings of the Joint City Councils for the Cities of
Littleton and Englewood shall be held at least once per
year.
8. Each City coveNnts and agrees that it wi 11 generate
sufficient revenues through s-r rates or other means
to make th~ payments necessary under the terms of this
contract.
SECTION II SUBSEQUENT PLANT EIILARGEMENT
l. At such time as eithar City 1s using eighty percent (BOS)
of its capacity in the 8i-C1t,y Plant, or is under contract
with Districts or other entities, llillich lead 1t reuona-
bly to conclude thAt h soon wil 1 be at or over the said
eighty percent (801) figure, it 111,Y request that the other
Ci ty lease or sell a portion of the unused capacity
of the Joint-Use Plant owned by said other City, or it may
enlarge the Joint-Use Plant.
2 . The cost of any enllrg-nt, if required, by one Clty
pursuant to the Ler11s of Stet ,on I I, p1r1qr•ph l. ,h.11
be borne by the City requiring the plant enlargement, and
the additional capacity shall be owned by said City.
3. In tht event both Cititl require additional plant capacity,
they shall share in tht cost and eventual own rship of
the 1ncr11std capacity b1 td upon tht 1110unt of th
add iti onal capacit,y requ1r d by uch •
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SECTION 111 FINANCING
l. A 11 oca t ion of an nual charges and detenn i nat ion of r,1 Ll'~
for operation of the Bi-City Plant shall be determined
in the follo..inq manner :
l. l The tota l annual charges for the oper•t ion and m~intenance
(h ere i nafter referred to as OIM) for eac h year sha ll be ba sed
on actua l cos ts and use as re lated to volume of sewaqe
contributed by each City . Costs will be apl)O rti oned
according to fbtd and variable costs listed i n Appendix
l. 2 Each city sha 11 l>iY 01,M cos ts no later than the
10th day of each aonth by apportioning one-twelfth
of the total annual cons budgeted for plant operations
and uintenance in accorcunce with the cost fol"IIIUla
shown In Appendix I, using the average flOliS fror.i both
Cities for the 10-month period i-diately preced ing
calculation .
l. 3 Ol,M costs shall be adjusted twice each year, on May
1st and Novlllber 1st, to account for actual operating
costs. The final year-end cost adjustaent shall be
bued on actual flows and actual costs ( i ncludinq
outstand i ng accounts ~able) for that year .
1.4 Each City wi 11 accrue inter11t on advance l)iyatn ts
for Ol,M costs In proportion to relative contribution .
The fi'lal year-end cost adjustaent will account for
inteNsts tamed by both ci ties .
2. In the event capi tal repairs are ntetssary requir1nn
expenditure of funds above those which the Joint-Use
Plant hu at ,u disposal, they 1Nll be paid one-half
by each City, but 1 f In th• future, throuq p hnt ~n l arve-
11tnt, one City acwally o.1s aore of the plant, they shall
be butd on t • then ex isting ratio of ow rshlp .
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J. A Capital Reinvestment Account sha ll be i ni t,atcd ,n
fiscal year 1983 wi th the intent of setting aside funds
on an annual basis for coverin9 depreciation costs for
capital assets of Joint-Use WWTP ( the reactivated
Englewood Wastewater Treatment Plant is expl icitly not
considered in the Capital Reinvestment Accoun L) . The
capital reinvest111ent account shall be managed as follows :
3 .1 The capita l reinvestaent account will be a s epa rate
account, managed by the Finance Director of the City
of Englewood, and subject to review and approva l and
in accordance with policies, includinq investme nt policy,
s.t forth by tbe Supervisory Carr.ii ttee
3 .2 The distr i bution of funds to the capital reinvest-
aent account will be allocated on an annual basis
through budget approva 1 of the cl ty councils of
both Cities. Total annual contribution to the
capiUl reinvestaent account shall be deposited
quarterly i n four equal disburs-nts, each dis-
burs-nt aade 1 n advance by the 10th day of the
first aonth of Heh quarter.
3.3 The total an111Ml contribution to the cap i ta l
reinvestaent account shall bt approved by 111ajority
vote of both city councils by Dtclllbt r ht etch year .
Each city shall contribute to the account in
proportion to relative -rship in the Joint-Us
Plant .
3 .4 The intent of tl:e capital reinvestaent Accnunt 1s
to set •11de fu!llls 1n proportion to the lot l •nnu.tl
deprec11tion H adjusted for inflation and present worth
of jointly-td facilitits , lnflttion and present worth
sha ll bt coapy ttd annually usi119 the EPA Construc-
tion Cost I ndex for Lal'1f City Advanced Trutatnt
( CAT ) 1n l Dttlver Area . The djte of reference
forte 1n1ttal fec1ht i ea shall bt the fourth
af'ter of 1977 (E'A CCl•123). Subseq~t dd t1ons
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sha 11 be referenced to the quarterly index of ~ Lart-
up of new facilities. Accounting and depreciation
of capital assets shall be according to Append ix II.
The estimated annual depreciation shall be µreµa red
by July 31st of each year for the upcom ing year, and
this information will be made available to both cities
for budgeting purposes.
3. S Funds from the capital reinvasuient account shall
be used for replac-nt or refurbishing of existi ng
facilities or equipaent at the Joint-Use Plant only.
In this regard, funds can be used for replac ing
existing facilities or equipment with alternat ive
technology, provided the intended function of the
new facil ities is the s-u for the facil i ties
replaced. Explicitly, this account is not intended
for plant expansion, operating and maintenance expenses,
replacing facilities at the Englewood WWTP or eng-
i nNring fees . Arly use of this account 1111st be
approved by the Supervisory C-ittee, and expen-
ditures must be over $2,000 for Heh activ ity.
SECTION IV . SERVICE AREA
1 . It is a basic concept of logic:&1 developaent of sewer
trutaent facilities that collection syn•s servt
draina11e bu in~ which flow naturally by aravlty . Except
where uisting contracts with Districts, or othe r enti-
tits, prestnt legal i """iaents which cannot be ov11r-
C0111t by negotiat i on and -n•nt, i t is a9reed that
Heh City shall serve those dra inage bas ins wh ich flow
natura lly to tht ~u llection fac 111ti H of the ,..,d Lny.
App ndix 111, a map of the drainage basins, sew r service
dutdcts, and service areu of the two Cities, 1s
1tt1cned to ind 1111dt I part of tha Agr-nt . It an
area d111r1ng s rv i ce is in the drainap basin of ont
Ci ty, but thai C,ly refuses strvict, then th second
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City may serve it. "Refusal to serve " sha ll m,•an t.h,,t
upon written app li cation, the City involved shall
express l y deny service to the applicant ; im pl ied re fu sal
s hall meon that uvon written appl i cation, t he Lily 111vul vcd
does not respond i n writing within sixty (60 ) days from
the date of appl i cation; conditional approva l of service
shall not be construed 1s a refusal of se r vi c e . fhe re
shall be no expans i on of service by one City ac r oss or
i nto basins whic h n1tur1lly dra i n to the col l e ction
facilities of t he other Ci ty, except 1s here i nabo ve
prov i ded.
SECTION V. MISCELLANEOUS
l. This contract sha ll ex i st 1n perpetu i t y, unl e ss
tenninated by mutual 19...-nt or operat i on of law .
Upon tel'lllin1tion of this Ag...-nt, assets sha ll be
divided between the C1t1H i n such unner u th~y may
agree upon, but I n the 1bsenc. of such 1qrett111ent, then
by appraisal with a Mellber of the Appraisa l Inst i tute
(KA I) be i ng des i gnated by tlle Ci tiu, or i n t he
absence of 1n 1qre-t on the i dentity of the MA I,
by an MAI appra iser designated by the pr1s 1d1ng judge
of t he Ei ghteent h J ud icial Distri ct of t he Sutc of
Colora do .
2 . In order to pr ovide f or proper u naqt11e nt of the Joint
f a cility, it is unden tood and aqrted t hat direct ups
to the tr11 t111ent pl a nt, or to the interceptor line shtl l
be in a •ini \1ze of eiqht (8) inches .
J . Littleton ~h II roerve for Enql ewood 's ustt re\uv~ capc1c1ty
of one 111il1lon gallons pe r day averaqe flow I n thot \lxty-\u
(66) Inch interccntor line which conveys littlttun '$ ~cwow tu
t he Bi-C i ty Plant
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llone orid s i Qned as of th<: day and year first abov<: wri l L<!n.
CITY OF LITTLETON
By _________ _
President of Ci Ly Cou11c i 1
ATTEST
City Clerk
C ITV OF ENGLEWOOD
By. __________ _
Mayor
ATTEST ,
City Clerk
Approved u to Fom
R'ck Dewitt, City Attorney City of E119lewood
Ap~ru,~d •S l< I"""
Larry Berkowitz, Ci ty AttorMY Cicy of Littleton
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APPENDIX I
SCHEDULE OF OPERATIONS ANO MAINTEMANCE COS T ALL OCATI ON FACTOR S
.
ALLOCATI ON
ITEM FACTOR ·---·-·--h
l, Personnel Salaries V
2, Acllltnt,tntion ExpenH5
3, Laboratory F
4 . Rlnt&h V
s . cnatuh V
6 , UttHties V
·1 ·
1. Vellitl15 V
a. Mtintenanc:e/llatarial, V
9. S l lllige Oh p051 l V
10 , Training V
ll , Profeuional S1l"litl5 F
12 , Conti ngeni:y V
• v -cllnota5 vanlllll i:o,u apportionecl accoNling to relati ve f l ow
tontri !Mitton, baHCI on 1ver191 flwa for till 10 • aontll peri od
t ...itataly pretelline ulc.ilation,
F -denote, f'i llAIII i:o,t, 6PIIOl't i oMd accoNling to relative -r\htp .
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APPENDIX II
CAPITAL ACCOUMTING CATEGORIES AMO DEPR ECIATION SCHEDULE
CS'ffi,i11,(u cin
PROCESS AREA SU8-CATEGOR1 £~ YE AR~
l. H .. dworks A. 8uildin9 Hater 1uls
and Constructi on 50
z. Prl .. ry Clar1f1el"5 •• Moilt11re Prote ct i on 2 5
3. Pri .. ry Sllldge PIIIIP Station c. 0oOl"5, W1ndow s & Glass 15
4 . 011Yget1 IIU 1n 11111 lienlrator o. F1n15hes 5
~-Fi nal Clarifier E. Eq111paant 15-30
6. Chlorination F. Convey\ 119 Sys tem 10
7. Anurob1t: D1gestars G. HVAC l Pl.-bing 10-30
8 . Engine Generaton H. ProuH Pi pi ng 50
9. S0l1d5 Handling 1. Elet:tr1t:al 40
10 , Adll1n1strat1on J . Engineering Servi ce s 30
11 . Varel P1p1119
Dhtri1111tion
and Ele,tr1c:al
l Z. Si~rk
13 . T-ls
14 . Ins t,._ta ti Oft 11111 COlltro ls
l ~. Ma i nUMnce Sllop
16 • Vthit:111
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Appendix JI I
.JOINT USE LOCATIO!,
MAP AND WATER SUPPLY
INTAKES
WITHIN FIVE ~IILES:
l . .Joint Us e Treat-
ment Plant
2 . Bear Creek
Headgate
3. Allen Pl ant
Headgate
4. McLellan
Headgates
S . City Ditch
Headgate
6 . Nevada Di tch
Headgate
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ORDINANCE NO. BY AUTHORITY
COUNCIL BILL NO. 55
INTRODUCED BY COUNCIL
MEMBER
SERIES OF 198~2---
A BILL FOR --------
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON,
COLORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY.
WHEREAS, the City of Englewood and the City of Littleton
are Home Rule Cities operating under charters pursuant to Article
XX of the Constitution of the State of Colorado; and
WHEREAS, the power to contract with each other is within
the scope of the basic powers of both cities and within the
specific provisions of C.R.S. 1973 , 29-1-201 et seq.; and
WHEREAS, considerable planning and negotiations, involving
the appropriate representatives of each city have resulted in a
proposed contract to jointly operate the Joint-Use Wastewater Treatment Facility.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City of Englewood shall contract with the
City of Littleton, Colorado, according to the provisions of the
written instrument captioned •Agreement Between The Cities of
Littleton And Englewood, Colorado Por Joint-Use Wastewater
Treatment Facil ities •, which is attached hereto, consisting of
twelve (12) typewritten pages, and incorporated by reference. Said
instrument generally provides that:
a)
common;
b)
construction
T~aracter of ownership shall be tenancy in
A ~-member Supervisory Committee hall overse
and op ration of the facility;
c) Allocation of op r ting coats hall be determined by specified formulas;
d) Subs qu nt pl nt enlarg m nt shall follow described guidelines;
e) Financing, service re , and contingency procedures shall b •• detailed therein.
Section 2. The M yor of the City of Englewood ia hr by
authorized and directed to execute the inatruaent incorpor t d by
reference in Section 1 nd th O rector of Finance, ex off clo Ci y
Clerk-Treasurer, shall duly attest said execution •
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Introduced, read in full, and passed on first reading on the
1st day of November, 1982.
Published as a Bill for an Ordinance on the 3rd day of November, 1982.
Attest: Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City
of Englewood, Colorado, hereby certify that the above and foregoing
is a true, accurate and complete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 1st day of November, 1982.
Gary R. Higbee
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DRAFT ND. 6 NOVEMBER 1, 1982
AGREEMENT
BETWE EN THE CITIES OF
LITILETDN AND ENGLEWOOD, COLORADO
FOR JOINT-USE WASTEWATER
TREATMENT FACILITIES
This Agreement, e~tered into this ______ day of----
19 __ , by and between the City of Littleton, Colorado , a municip al
corporation of the State of Color1do (herein1fter referred to as
"Littleton") and City of Englewood, Colorado, a 1111nicipal corpora-
tion of the Stlte of Colorado (hereinafter referred to as "Englewood "):
WHEREAS, on the 2nd di.Y of July, 1973, the Cities of Li ttleton
and Englewood entered into an 1g-nt for construction and operat-
tion of the Joint-U~e Wastewater Treltatnt Plant, 2900 South Platte
River Drive, Englewood, Colorado 80110.
WHEREAS, this contract .as entered into pursuant to the basic
powers of the Cities to contract with each other and, further, pur-
suant to eN1ctaent by the State Lt9isl1ture in 1971 of 1n 111endlllent
to C.R .S 1973, 29-1-201; 1nd
WHEREAS, to 1ugaent capaci t.Y of the Joint-Use WTP, the En9e lwood
Wastewater Tr11t1111nt Plant, 1100 Bates Av-. E119llWOOd, CO, 80110 ,
wu renovated ind placed i n service in Septellber, 1982; and
EREAS, for purposes of this 19-t the following definit ions
will be used :
Joi nt-Uu r
Engl p
-Joi nt-Use Wastewater Treatioent Plont
2900 S. Platte River Drive
Enql ~, CO 80110
-Engl llllOOd W11tew1ter Tre1t111ent Plant
1100 lites Ave
Engl ~. CO 80110
It-Chy TP -COllbi ned operati ons of Joint-Use p llld
[ny 1 ewood WT,, 1nd
E EAS, the Ci t y of EnglllllOOd s the sole -r of the Enqlewood
P 1nd,
, Littl eton and Entl
Joint rs of the Joint-Use '1111t, H ell OWtl nq 111d ere entitled to
c1 IC ty oft J Int-Use ,11nt,
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which capacity is approximately 20 million gallons per day (mq d )
with Littleton being entitled to approximately 10 mgd and Enqlewood
being entitled to approximately 10 mgd; and,
WHEREAS, it is the i ntention of the Cities of Littleton •nd
Englewood to manage and operate the Englewood WWTP in concert with,
and within the administrative structure established for, the Joint-
Use WWTP; and,
WHEREAS, the b1Sic concept of this Agr-nt is that neither
City shall be a cust~r of the other, but rlther the Cities shall
operate the Bi-City Plant with costs of additions, and costs of
operation and 1111inten1nce being divided between them in a fair and
equitable manner as set forth hereinafter with greater specificity;
and,
WHEREAS, over the past several years, operations and management
of the Joint-Use Plant have changed, the c~itatnt between the Cities
of Littleton and Englewood has changed, the understandinq of opera-
tions and 1111naq-nt has been refined, and planning has begun for
expanding the Joint-Use Plant with construction of new facil iti es and
the addition of the ,-ivated E119l-«1 Plant, and
WHEREAS, the Cft4es of Littleton and Engl-«! agree thlt it
is i n the best interest of both Cit1H to -nd the 2nd day of July,
1973 agre-nt concerning the Joint-UH llu~ter Treataent Facility
to more accurately represent the needs of both parties .
NOW THEREFORE, IT IS AGREED by and betwtn the part ies hereto
that this agr, ... nt shall replace the Znd di.)' of July, 1973 aqreeaent
•S the underst1nd1119 bet n cities on ownership and operltl on of the Bi-
City Plant .
SECTION I OPERATION
l. Supervuory ColnittN: A penunent ~i ttff, to be
nown as the Su ervisory C-ittN and which shall con-
sist of two 1d111nhtr1tive eaployHs fl'OII ach city, \-
iqnated by the Ci ty "&n1ger of 11th Ci ty, sha ll overs a ll
ope rat t ons of the joint fac11 ttv and 1tt.end1nt .. tters .
0tcu1ons shal 1 be •de by aajorit,y vote . In t ennt that
a Jority vote cannot be arrived at on any Mtters within
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the scope of the ir authority, then, and in that event, a fifth
member of the Supervisory Coomittee shall be aµµoi nted for
the purpose of reaching a determinat i on of that i ssue . The
fifth member shall be an individual who se 1dent1ly 1s
agreed upon by the two Cities, or in the abse nce of such
agreement, the fifth ...i>er shall be appo inted by the
presiding judge of the Eighteenth Judicia l District of
the State of Colorado, and this fifth member so appointed
shall be one who i s experienced 1nd educated 10 the field
of w1stew1ter treataent, ind the operati on of treatment
plants . Costs for the fifth member sha ll be apoortioned
equally to both citi es (501: each ) out of the Bi-City Plant
Operating budget .
2. The Supervisory Comittee shill hold aonthly meetings to
discuss pl1nt operations 1nd adlainistr.t i on .
1. The City of Englewood sllall operate tlle Bi-C i ty Plant under
the control of the Supervisory Coai ttee . Englewood shall
be reilllbursed for Littleton's sllare of the Bi-C ity Plant
oper1ting expend i tures based on act111l verifiab l e costs as
established under Section Ill, plus an adlain istration fee
of three percent ( 3S) of tlle tota 1 operating budget,
exclusive of the Capital Reinvtstaltlt Account defined In
Section 111-3 and e&pitll outlays for new equlp111ent or
facil iti es.
4. 1thin one (1) year froa the date of this contract, each
City shall adopt and enforce Industrial waste 111naq nt
ordinances controlling influent to the plant, and shall
enforce effluent standards that caaply with exht1ng
s Ute and feder.i l regullt ions. In tlle event th•t the
ordinance of one City peraits existing s-r custOllers to
continue to dhcha1"9t wute containing a higher BOO con-
tent, then, and 1n tMt event, that Ctty shall pay 1n
additional sua to be detentlntd by the Supervisory
C ltt • Both C ttt5 shall r u1re coaplia e with
u d ordinances froa uch of the dhtr cu fell t y s n .
5 . Tht reactivated Engl ewood Wastlliliter T,...t111nt Plant wl l ' b
operated as • c~t of the Ii-City Plant nder t
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direction of the Supervisory Comnittee, and operating cost\
for the Englewood WWTP facilities will be apportioned to both
citi es as stated in Section Ill of this Agreement . The Engle-
wood WWTP will remain under sole ownersh ip of ttic Ci ty o r
Englewood, and therefore will not be a component in the
Capital Reinvestment Account di scussed in Section Ill o f lhi~
Agreement .
6 . Monthly reports relative to operation of the Bi -C i ty Plant
sha 11 be requ i red by the Supervhory Conoo i ttee . Th e Bi-City
Plant facilities and records shall be open for i nspection
and review of the parties;
7 . Meet i ngs of the Joint City Councils for the Cities of
Littleton and Englwood shall be held at le.st once per
yen .
8 . Each City covenants and agrees that it will generate
sufficient revenues through s-r ntes or other means
to make th~ payments necesury under the terms of this
contract.
SECT! ON II SUBSEQUENT PLANT ENLARGEJ4ENT
1 . At such tiae as either City is using eighty percent (BOS)
of i ts capacity i n the Bi-Cit.y Plant, or is under contract
,iith Districts or other enti ties, which lud it r usona -
bly to conclude that h soon will be at or over the said
eighty percent (BOS) figure, it Ill)' request thit the other
C!ty lease or sell a portion of the unused capacity
of the Joint-Use Pl ant <*11111 by said other City, or it may
enlarge the Joint-UH Plant .
2 . The cost of any enlarg .. nt, if required, by one City
pursuant to the ter111s of Section II, parol ••Ph l. ,h.11
be borne by the City requiring the plant en largeaent, and
the addition•l c,paci ty sha ll be owned by u id City .
l . In th 1v1nt botn C1t1ts requ1re1Clcl1tion1 l plant capacity,
t y , all 1hare 1n the cost and evtt1tua l ownership of
l 1ncreu d ca111ctty bu d IIPOfl t -""t of th
• ttio11&l capacity requ1r by .. c11 •
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SECTION II I FINANCING
l. Allocation of annual charqes and detenninat ion of r,,t ,•,
for operation of the Bi-City Plant shall be determined
in the fo11Qlolinq manner :
l.l The total annual charges for the operation and 111~111t enorcce
(hereinafter referred to as Ot.M) for each year sha l l be based
on actua l costs and use u rehted to volucnc of sewaqe
contributed by each City . Costs will be apl)Ort i oned
according to fixed and variable costs 1 isted in Appendix
l.2 Each city shall pay Ot.M costs no liter than the
10th day of each aonth by apportion i ng one-twelfth
of the total annual costs budgeted for plant operat ions
and u i ntenance in accordance wl th the cost fol'llU 1 a
shown In Appendix I, using th, average fl011s fror.i both
Cities for the 10-IIIOnth period i-dlately preced i ng
calculation.
l.3 Ot.M costs shall bl adjusted twice each year, on Hay
bt and Nov-.r ht, to account for actual operating
costs. The final year-end cost adjustaent shall be
bued on actual flows and actual costs (includinq
outstanding accO\llltS ~Ible) for that year .
1.4 EAch City will accrue i nttl'flt on advance payaents
for Ot.M costs In proportion to relative contribution .
The fl~al year-end cost acljustatnt will account for
I nterests eamed by both cities .
2 . In the event capi tal repelrs are necesnry requlr tnn
expenditure of funds above those •lch t Joint-UH
Plant hu at ,u dhposal, they shill bl paid one-half
by ac:h C ty , but if In tht future, th,.ouqll plant ~nl1rg -
nt, 0111 City actually s 111re of th• plant, they s all
bt bued o the thin ealstlng ratio of rshlp .
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3 . A Cap i ta l Re i nvestment Account shall be 1n i Liu Led ,n
f i scal year 1983 with the intent of sett i ng as i de funds
on an annual basis for coverin9 depreciation costs for
capital assets of Joint-Use WWTP (the reac ti va t ed
Englewood Wastewater Treatment Plant i s exp lic i tly not
considered in t he Capital Rei nvu tment Accou nt ) . The
cap i ta l reinvestlllent account shall be managed as foll ow s :
3.1 The cap i ta l reinv15taent account wil l be a separate
account , managed by the Fi nance Di rector of the City
of Englewood, and subject to review and approva l and
i n accordance with Policies, i nc l ud i nq i nvestmen t pol i cy,
nt forth by tbe Supervisory Cor.r.,ittee
3. 2 The distribution of funds to the capital re i nvest -
Nnt account will be allocated on an annua l ba sis
through budget approval of the c i ty councils of
both Citi es . Total annual contributi on to the
capital reinvestaent account shall be depasited
quarterly i n four equal dtsbu"-nts, each di s-
burs-nt Nde in advance by the 10th da y of the
f i rst 110nth of MCh quarter .
3 . 3 The totl 1 an11111 l contribution to the cap i ta l
rei nves taent acto11nt shall be approved by 111J or1ty
vo t e of bo t h ci t.y counc il s by Otceabe r ln Heh yur .
Et ch ci t y s he l l contri bute t o the 1cc0<.1nt i n
propgrt i on to re l at ive -rship i n the J oi nt-Us e
Pl1nt .
3.4 Tht i ntent of tr.e capital re t nvestaent Accnu nt is
t o set ,sHle funds 1n proportion t o th tc,t 1 t •nnw •l
d prec i at1on u adju,ted f or inflat i on 1nd present worth
of J o nt l y -11111111C1 facilities . lnfl1t t on and preient r th
s ha ll bt C011911ted anll\ll l ly us 119 tile EPA Construc-
t1 on Co n Incle• for L111t Cit, Adva nced Treatment
( CA T) In t Oetlver Area . The date of referentt
fo r the 1n1 t a l f 1c1 lltl ea 1Mll be the fourt.11
1.-i r of 1177 (EPA CCl•lZ3 ). SIIO
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shall be referenced to the quarterly index of ~t art -
up of new faciliti es . Accounting and deprec i ation
of capital ass ets shall be accordin9 to Append i x II .
The estimated annual depreciation shal 1 be prepared
by July 31st of each year for the upcoming year, and
this infonnati on will be made available to both cit i es
for budgeti n9 purposes .
3.5 Funds fran the c•pit•l reinvest11ent account shall
be used for replic-nt or refurbish i ng of ex 1s t i ng
facilities or equipaent at the Joint-Use Pl ant only .
In this regard, funds can be used for replac i ng
ex i sting ficilities or equipment with alternat i ve
technology , provided the intended function of the
new facilities is the s-u for the facilities
replactd. Explicitly, this account 1s not intended
for pl•nt expansion, oper•tfng •nd Nintenance expense~,
replacing flcil ities at the E11i1lewood WWTP or eng-
i neering fees . Aey use of this •ccount must be
•pproved by the Sllpervisory C-1ttH, and expen -
d i tures aust be over $2,000 for Heh 1cti v1ty .
SECTION IV . SERVICE AAEA
I. I t 1s • bls f c concept of logi u l developaent of ,_r
treatiaent f1c il iti es th•t co ll ect l Ofl syn u,r ve,
d r1 f n19e bu i ni wh i ch flow natur•lly by ar1vity. E>.cept
where ex is t i ng co ntracts w t Dis t ricts , or ot r ent1-
tf 15 , present l e ga l 1~1-ts
COIie by neg ot iation ano
Heh C1ty sha ll serve Ulos dra in
c111not be vwr-
that
blSlns wnfch fl
n•tur1lly tu the u11l ect1D11 1 1ht1es of th ~••d Ci ty .
Appendh Ill,• .. P of Ult dr11 bu 111, s r e rv1c e
dutr1cts. ano Hrv1ce •reu of Cttits, ts
H tlcned to I nd de • P,rt of tin, Aer'Matfl t. It 1n
aru oe11rin Siirvice II fn tilt r1111141e bas in of Ollt
Cny, ijt t n , y refus s servl", t111 11 t nd
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City may serve it . "Refusal to serve" shall ,npan th,11
upon written app li cation, the City involved sha ll
expressly deny service to the applicant; implied refusal
s hall mec1n thal uµon written application, Lhc Lr Ly 111vu lv,·d
does not respond in writing within sixty (60) days from
the date of application; conditional approval of service
shall not be construed as a refusal of serv ice . f here
shall be no expansion of service by one City across or
i nto basins which naturally drain to the collection
fac ili ties of the other City, except as here inabo ve
provided .
SECTION V. MISCEll.AHEOUS
l. This contract sha ll exist in perpetuity , unless
ten11inated by n,tu1l 1g,....nt or operati on of law .
Upon ten11in1tion of this Agre-nt, ustts sha ll be
divided beboleen the Citiu i n such 111tnner u th~y may
aqree upon, but in the absence of such aq,,_nt , then
by appraisal with • Mallbtr of tht Appraisa l Institute
(MAI) be i ng des ignated by tilt Cities, or in the
absence of an aqre-t on the i dentity of the MA I,
by an MA I appra iser dtsignattd by the pres iding judge
of the Eighteenth J ud ici al District of the Sutc of
Colorado .
2. In order to provide for proper Nn1q-nt of the Joint
hci 11 ty, I t il und erstood Ind 1qrttd th1t di reH tops
to th treataent pl 1nt, or to the l11t1rc ptor li ne shall
be In • aini-~iz, of tiq (8) i nches .
J L 1 tl I eto \II 11 rt:~trve for En l lWOOd 's use r1urv~ e1pc1c 1 ty
of on •1111on gallons per d1y 1v1r1q1 flow 1n th \hty-~1x
(66 ) Inc ln ttrc QtOr l 1ne lch convey 11 ttlitvo ' ~'"' ""' lv
tht 81-Clty Pllnt ,
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Uone or ,d siQ ne d as of t he day and year f i rst ab ove wrllL<•n .
CITY OF LITTLETON
By _________ _
Pres i dent of Ci LY Counr i 1
ATTE ST
Ci t y Clerk
C !TY OF EMGLEWOOD
By, __________ _
Ml,YOf'
ATTES T
City Clerk
Approved as to F on11
R'tk Dewitt, City Attorney ctty of [1191
Ap~ruvl'II iS ll I""'
Larry er ow1u, City Attorney CH.y of Ltttlel ro
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APPENDIX I
SCHEDULE OF OPERATIONS ANO MAINTENANCE COST ALLOCATI ON FACTORS
.
ITEM ALLOCATION
FACTOR ·--·-·---
l. Penonne 1 S.laries V
2. Adllinistration Expe111e, F
l. L.Alloratory F
"· Rentah V
5. tlllaicals V
6. Utilities V . ..
7. Vellicles V
•• Na lntauce/Nlt.er1 a ls V ,. 51ucllle Oilpowl V
10. Tralnin9 V
11. Pnlfaat-1 5er,,ica F
12, Collti 111911'1 V
• v • ~tea var1ule coau apponiOMII 1CC10Nll119 to relative flow
contrillutioa, Nied oa aver• fl .. for tile 10 • aonth period
i...ii1iel1 prece111 .. calcul1t1111.
f • 4ellotes filell coau .,..rtiOMII eccioNilll to relative -r~ll\p .
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APPENDIX 1I
CAPITAL ACCOUNTING CATEGORIES AHO DEPREC IATI ON SCH EDULE
(S'ffM111r.O CffL
PROCESS AREA SUB-CATEGORIE S YEAR~
l. He•dworks A. Building Materia ls
and Constructi on so
2. Pri•ry Clarifier, 8. Mohtuni Protect1on 25
3. Pri .. ry Sludge Puap Station c. Doors, W1ndows & Gl os s 1~
4. O~n Buin and Gen,rator 0. Finishes s
5. Fin.l Clarifier E. Equipaent 15 -30
6 . Chlori n•t1on F. Conveying System 10
7. Anurooic: D1gesters &. HVAC I Pli,abing 10-30
8 . Engine GtMruors H. Proc:eu Pi p1 ng so
9. So 11 cl$ Hlllclli ng 1. Eltetr1c:•l 40
10. Alllli n h tration J. Engineering Serv i ces 30
11 . Yu-cl P1p1119 and Electri"l
011 trt IMlt1 OIi
12. Si~rk
13 . TUMtl5
14 . lnst,,_tat10II and Control5
15 . Mli llteNIIU $Mp
16 . Yelliclu
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\.·:.• . ' -·. ·/
f'-. ,·
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-.. ___ .,-· .... -· ... -.
J LITTLETON
r -...-... ~--.
\ . . .;,/: t . . .'('
J.~. ', . • .. , r.r,. ... c \9 ... .. ::._!· .. : •• ~ •• ••
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Append i x II I
JOINT USE LOCIITIO~
MAP AND WATER SUPPLY
INTAKE S
WITHIN FIVE ~ll LES :
1 . Joint Us e Treat·
111ent Plant
2. Bear Creek
Headgate
3. Allen Plant
Headgate
4. HcLellan
Headgates
5 . City Ditch
Headgate
6 . Nevada Di tch
Headgate
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Coun Filing Stamp:
/0-~q-i~
vc~:f~A~
•
IN THE DISTRICT COURT I
IN AND FOR THE
____ COUNTY OF l\Hl\PAliOE I
Ill
STATE OF COLORADO
Case No. __ _
I WILLIAM KENT SWINDLE
,I
ll Plaintiff_
II vs. 1' CITY OF ENGLEWOOD, a Municipal SUMMONS
Corporation, AND ALL UNKNOWN I, PERSONS WHO CLAIM ANY INTEREST
,I THE SUBJECT MATTER OF THIS ACTI N,
N RECEIVED ii
II
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OCT 2 91982 tf It) ~ '('I\
I ii j' THE PEOPLE OF THE STATE OF COLORADO
• TO THE ABOVE NAMED DEFENDANT_·
DEPI'. 'OF RNANCE
ENQL1'M)OI) ii
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You arc hereby summoned and required to file wi1h the dcrk of this court an answer or 01hc:r response: to ) !
the atlllched complaint. If service of the summons and complaint w11s made upon you within the: State of
Colorado. you are required to file your 11RSwer or other response within :?O days after such service upon you . If ''
service of the summons and complaint was made upon you outside of the State ofColor.ido. )'!JU arc: required 10 '·
file your answer or other response within 30 days after such service upon you. i I
If you fail to file your answer or Olher response to the complaint in writing within the applicable: time 1
i, period, jud&mcnt by default may be entered apinst you by the court for the relief demanded in the complaint
wi1hout funher notice.
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The foUowina documents are al~ served herewith:
Da1ed
a copy of the complaint
. __ o...._c~t .... o-b ... e-r__..2....,7'----· 19---11.2
,· CJ . ··}
.,,,. ~C'.,V "' •.
,.'-.J ~
\.,.I' o\\.~~~'I 1~ c~ ~~,\!)l""'h J280 5 Broadway
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Thi ~ummon~ 1s is~nt to Rule 4. C .R .C .P .• ~ mended . A copy of the complaint mu>I b,: w:rvc:J wi1h
Addren of Attorney
Englewood, Colorado 80110 761-,.0 800
1h1~ ummon~. Th, form huuld not be u>ed where service by publict1tion is dcwrcd .
TO THE CLERK : If 1he )Ummons i, issued by the clcri( \)(the court. the sianllture block (or the .:l.:rk. Jcpu1y
anJ 1he 1e I of the cour1 should be provided by auunp. 1>r 1yp,wri1er. in the IPICc to the icn l>f the i.1t1>rney's
n.ime .
_ .. ----.::.. _ __::.,.....,:-__:_----."".' --... ------.. :1 --. ---·· '·---· -· ----· -· .
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Court Fil ina Stamp:
/0-.;i.q_f~
vc~:/.~rlk~
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INTHEDISTll::=11
IN AND FOR THE
____ COUNTY OF l\RlrnUiOF
11
STATE OF COLORADO ji
Case No. __ _
i W"ILLIAM KENT SWINDLE
I
i
I vs.
CITY OF ENGLEWOOD, a Municipal
I
i Corporation, AND ALL UNKNOWN
SUMMONS
j PERSONS WHO CLAIM ANY INTEREST N RECEIVED ii THE SUBJECT MATTER OF THIS ACTI N,
II
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II
OCT 2 91982 4·. \~ ~
DEPr. ·o, FINANCE
I, Ell8UM)OD
1
1 I
I
THE PEOPLE OF THE STATE OF COLORADO ! TOTHEABOVENAMEDDEFENDANT-· ,!
You arc hereby liWllmoned and required to f&lc with the clerk ol this court an amiwcr or other rnponsc 10 '. \
1he atlllehcd complaint. If .crvicc of the summons and complaint wu made upon you within the St.Ate of ·
It
Colorado . you arc required to f&lc your ana-r or o&hcr rcspomc wilhin :?O days aricr wch w:rvi.:c upon yw . 1r 1 !
service or the summons and complaint wu made upon you OUISidc ol the Stale or Color..do. yw .u-c ro:quircd 10 I
1
file your answer or other rcspon5e within JO days aft.er such service upon you . i I
If you wl to fdc your ans-, or other response to the complaint in writina within the applicable time 1
period . judclnent by default may be entered a,ainst you by the c:ourt fcw the relier demanded in the complaint ,
without further no«icc . 1
I:
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The foUow ina documents are alliO served herewith: ,,
ti
I
a copy of the complaint
I
Da1cd _ __.a .... c ...... ta ... be ....... r-2..,.1 ___ 19---82
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DISTRICT COURT, ARAPAHOE COUNTY, STATE OF COLORADO
CIVIL ACTION NO.
COMPLAINT
WILLIAM KENT SWINDLE,
Plaintiff,
vs.
CITY OF ENGLEWOOD, a Municipal Corporation,
AND ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE
SUBJECT MATTER OF THIS ACTION,
Defendants.
COMES NOW the Plaintiff, William Kent Swindle, by and
through his attorneys of record, CRISWELL, PATTERSON, McNAMARA,
MYLES & BELL, and for his complaint against the Defendants
states, avers, and alleges as follows:
l. Plaintiff is the owner and in possession of the
following described real property situated in the County of
Arapahoe, State of Colorado:
That part of West 125 feet of Lot l of
Ortega Subdivision, now vacated lying
within the North 2/5 of N 1/2 NE 1/4 NE
1/4 SW 1/4 of Section 28, Township 4 South,
Range 68 West of the 6th P.M., together with
the South l/2 of vacated w. Iliff Street,
Arapahoe County Colorado.
Also known as 2310 South Raritan Avenue, Englewood,
Colorado.
2. There may be persons interested in the subject matter of
this action whose names cannot be inserted herein because said
names are unknown to the Plaintiff although dilig nt efforts have
been made to ascertain the names of said persons; such persons
have been made defendants and designated as •all unknown person
who claim any interest in the subject matter of this action,• ao
far as Plaintiff's knowledge extends, the interests of th
unknown p rties are derived through soae one or more of th nam d
Defendant s •
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3. Defendants claim some right, title, or interest in and
to the above-described real property adverse to Plaintiff; and
said claim of Defendants is without foundation or right.
WHEREFORE, Plaintiff prays for ·a complete adjudication of
the rights of all parties to this action with respect to the real
property above described, for a decree requiring the Defendants
to set forth the nature of their claims, determining that the
Defendants have no interest, estate or claim of any kind
whatsoever in the said real property, forever barring and
enjoining the Defendants from asserting any claim or title
thereto, quieting the title of Plaintiff in and to the real
property and adjudging that Plaintiff is the owner in fee simple
and entitled to poaseasion of the real property, and for such
other relief as to the court may see• proper in the premises.
Respectfully aubaitted thi~ day of October, 1982.
Address of Plaintiff:
4940 S. Lipan
Englewood, Colorado 80110
By
PATTBBSON, McNAMARA,
LL .
• raw , o.
ie Bdgar Roraan, Ro.
37 Os. Broadway
Englewood, Colorado 80110
Phone 761-0800
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C O U N C I L C O M M U N I C A T I O N
DA TE Octo be r 26, 198 2 AGENDA ITEM SUBJECT Golf Course Lake Cleaning
iA
INITIATED BY Gary Diede, pi rector of Engineer i ng Seryjces
ACT I ON PROPOSED Author i ze con trac t to clean one lake at golf course
BACKGROUND:
During the months following compl e tion of grading for t he eas t ni ne hol es of the golf
course, several he avy rains caused severe e rosion of s ed i men t in t o th e main irrigation
lake located northwest of the clubhouse before grass and s od wa s su f ficiently rooted.
Sediment deposits have now accumulated in the lake bottom to such an e xtent that
these deposits are creating problems with the irrigatio n system. Silt and sand are
being taken into the system at the intake, causi ng exc e ssive wea r on pu mp bo wls and
im pellors, as well as fouling automatic controls an d plu gg i ng va lv es and s prinkler
heads. The City has not performed this ty pe of work in t he past and does not have
the equipment or expertise to do the required work.
Th e Engineering Services staff has contacted s eve ral co nt r ac t or s i n the area in an
attempt to locate someone who could perform th e task of r emo vi ng s edi me nt f r om the
lake bottom and what the cost would be for the work. Two compani es su bmitted proposals:
l. Diamond Re-Serv-Al Company, Englewood, Colorado will perform the cl eaning for
$150.00 per hour with no mobilization and no mi nimum time charge. Cost for
40 hours s $6,000 .00
2. Enerco Enviro nmental, Inc., Denver, Col orado will perform the cleaning for
$11 8.75 per hour with a $2,000.00 mobilization fee and a minimum of five day s.
Cost for 40 hours • $4,750 .00 + $2,000.00 • $6,750.00
FINANCIAL:
Pars Depart nt did not budget for this work in 1982 and has no funds ava ilable.
Appro imately $8,000 is available i n the Golf Co urse Clubhouse PIF (Acct. #03-88) .
RECO MM ENDATIO N:
It is r colffl1 nded that a con tract be ex cuted with Diamond Re-Serv-Al Company to per -
form the wor this fall. The contract would stipulate a max im um of forty (40) hours
at $150.00 pr hour, for a maxiumu total cost of $6,000.00.
EH/lo
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C O U N C I L C O M M U N I C A T I O N
DATE AGEN DA I TEM
October 27, 1982 ~e.
INITIATED BY City Manager
SUB J ECTSix-Quarter Budget
October, 1982 through March, 1984
ACTION PROPOSED Consideration of adopting a Resolution for the
Six-Quarter Budget -October, 1982 through March, 1984.
BACKGROUND
The Public Improvement Fund (PIF) Six-Quarter Budget proce.ss was
adopted in the S\DDmer of 1973. The essence of the Six-Quarter
Budget is that the City has a continuing budget which extends
one and one-half years into the future. Every quarter the City
Council reviews and analyzes this budget , and if projects are
delayed due to unavoidable circ\DDstances, they are dropped back
in this budget , while projects ready to go are moved forward.
The most current revenue forecasts are used and, if additional
funds become available, specific projects could be moved forward
and completed ahead of schedule or a new or emergency pro j ect
could be added.
198 2 CHANGE S
Little Dry Creek project was reduced in the 4th quarter by
$70,000 to transfer funds to the Urban Renewal Authority to
purchase the Charles Blood property at 3767 South Clarkson Street ,
by $41,200 to Little Dry Creek Engineering to model the Cind rella
Box Conduit nd by $4,000 for the Downtown Design Guidelines
making the final amount $78,850 in the 4th quarter.
Little Dry Creek Engineering was increa sed by $41,200 from the
Little Dry Creek account in the 4th quarter to amend the
engineering contract to includ e t h e mo d el i ng of the Ci nderella
City Conduit.
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Belleview Park Pumphouse project to replace the existing
irrigation pumphouse and install three pumps to irrigate the
park from the water filter plant backwash and was increased
by $35,000 in the 4th quarter. ni.ese funds recognize the
Parks and Recreation Department monies that were part of the
total project budget of $85,000 and are being transferred from
this General Fund budget to the PIF.
Pistol Range -$10,000 was added to this project for a multi-
jurisdictional police pistol range. ni.ese funds are available
from the PIF fund balance.
Community Center Phase I project received $18,000 in the 4th
quarter to prepare drawings for present!,~i2Q to the public
prior to a bond election in aa£ly 1982. ~'1.1\~1amount of $16,000
will be used for the architect and $2,000 for preliminary soil
investigation at the site to be chosen by City Council in the
near future. Tilese funds will cover from the PIF fund balance.
Downtown Design Guidelines is a new project to hire Design
Workshop Inc. to prepare design guidelines for Broadway improve-
ments from Floyd Avenue to U.S. 285. The amount of $19,000
is the budget of which $15,000 was available from the Downtown
Plan and $4,000 from Little Dry Creek. Both accounts are
reduced accordingly in the 4th quarter.
Urban Renewal Authority received $70,000 to purchase properties
with i n the Englewood Downtown Redevelopment Plan boundary.
Thes e funds will purchase the property at 3767 South Clarkson
S tree t and pay relocat i on benefits. (Note : Tilis transfer is
o n a se pa ra t e resolution.)
1 98 3 CHAN GES
Little Dr Creek project to improve the channel to carry the
-ye r storm rom Cl rkson to Santa F Drive was increased
by $714,864 in the 3rd quarter to reflect total funds available
to this project in 1983.
Traffic Im rovements r c ived $50,000 in the 2n d quarter to
rep ace ve tra c controllers and k eep a s tand b y t ra ff i c
comp uter . ni.ese funds w re made a v ailable from the re du ction
in Paving District No. 29.
Street/Sid
streets to
in th 2nd
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Housing Rehabilitation received $200,000 in the 2nd quarter
as leverage in our Community Development Block Grant Application
to the United States Department of Housing and Urban Development
(HUD). The amount of $50 ,000 was made available from the
reduction in Paving District No. 29, $100,000 transferred from
the Ge n eral Fund, and $50,000 matching funds from the Englewood
Centennial Bi-Centennial Fund.
1 984 CHANGES
Little Dry Creek -The first quarter funding in 1984 went to
Little Dry Creek in the amount of $750 ,000 to continue the
rechannelization project. This figure includes the $500,000
contribution ·from Urban Drainage District.
RECOMMENDATION
The Resolutions which adjust the PIF as described above are
attached for your consideration.
SUGGESTED ACTION:
MOVED BY --------------~
SECO ND ________________ _
YES ______ __,N,O ______ _, BSENT _____________ _
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RESOLUTION NO.
SERIES OF 1982
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A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood,
Colorado, desires to make certain changes within the Public
Improvement Fund;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Englewood, Colorado, as follows :
Section 1.
The following estimated revenues and appropriations
of funds are hereby made in the Public Improvement
Fund :
Source of Funds :
Admission Tax
Urban Drainage
Other Governmental Units
Interest
Parks Contribution
General Fund Transfer
Total
Appropriations of Funds :
Little Dry Creek
Little Dry Creek Engineering
Belleview Park Pumphouse
Police Pistol Range
Community Center
Downtown Design Guidelines
Downtown Plan
Unreserved Surplus
Total
2.
$ 12,000
10, 779
29,636
45,000
10,000
35,000
$142,415
$(45,200)
41,200
35,000
10,000
18,000
19,000
(15,000)
79,415
$142,415
e o owing appropriation of funds are hereby made
in the General Fund.
Source of Funds :
Parks Department $(35,000)
Application of Funds :
PIF Transfer $ 35,000
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1982.
ATTEST:
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Section 3.
The City Manager and Director of Finance are hereby
authorized to make the above changes to the 1982 budget
of the City of Englewood.
ADOPTED AND APPROVED this ~~ day of
Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, do hereby certify that the
above and foregoing is a true, accurate and complete copy of
Resolution No. , Series of 1982.
Gary R. Higbee
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SIX QUARTER BUDGET
OCTOBER, 1982 THROUGH MARCH, 1984
EXP. PROJ. 1ST 2ND 3RD 4TH TOTAL 1ST PROJ. AP PRO . BAL. BAL. 4TH QTR. QTR. QTR. QTR. 1983 QTR. BUDGET P.T .D. P.T.D. 9/31/82 ~ \983 1983 1983 1983 APPRO. 1983
1. Stonn Drainage General s 415,000 s 414,421 s 397,326 s 17,095 s 0 s 0 s 0 s 0 s 0 s 0 s 0 2. Little Dry Creek 3,000,000 2,898,611 1,032,794 1,865,817 78,850 398,300 100,000 714,864 447,902 1,661,066 750,000 3 . Do,mtown Drainage &
Traffic lmprovet11?nts 180,000 150,000 (5) 150 ,005 0 0 0 0 0 0 0 4. Do"'1 to,,n Pl an 100,000 63,867 4-0, 703 15,164 (15,000) 0 0 0 0 0 0 5. Traffic Improvements 85,000 85,000 1,816 83,184 0 0 50,000 0 0 50,000 0 6. L lttle Dry Creek Engineering 740,000 698,500 73 9,700 (41,200) 41,200 0 0 0 0 0 0 7. Street and Sldewlk Paving
District No. 28 225 ,000 225,000 87 224,913 0 0 0 0 0 0 0 8. Paving District No . 29 200,000 0 0 0 0 0 200,000 0 0 200,000 0 9 . Road and Bridge 900,000 871,871 862,386 g,485 0 0 0 281,034 0 281,034 0 IO. RONns Par Repair 7,500 7,500 6,700 800 0 0 0 0 0 0 0 11. Belleview P1111> House 85,000 50,000 73,823 (23,823) 35,000 0 0 0 0 0 0 12 . Centennial Par 280,000 278,760 275,605 3,155 0 0 0 0 0 0 0 13. Belleview Stono Repair 5,000 4,500 0 4,500 0 0 0 0 0 0 0 14. Handicapped Play Apparatus 24,000 24,000 19,385 4,615 0 0 0 0 0 0 0 15 . River Develop,nent Phase I 3,848, lll 3 ,848,111 3,840,522 7,589 .Q 0 0 0 0 0 0 16 . River Developt11ent Phase II 721,300 395,850 357,395 38,455 0 0 0 0 0 0 0 17 . River Develop,nent Phase 111 1,100,000 1,090,986 1,067,241 23,745 0 0 0 0 0 0 0 18 . Golf Carts 125,000 125,000 120,200 4,800 0 0 0 0 0 0 0 19. Sid al R pair 30,000 0 0 0 0 0 0 30,000 0 30,000 0 20. Handicapped Raffll) 1,500 0 0 0 0 0 0 0 0 0 0 21. Pistol Rang 32,000 20,000 4 19,996 10,000 0 0 0 0 0 0 22 Broa ay Beautff1catfon 50,000 0 0 0 0 0 0 0 0 0 0 23. North Fire Station 500,000 0 0 0 0 0 0 0 0 0 0 24. Senior Center Puking Lot 2 48,000 48,000 27,895 20,105 0 0 0 0 0 0 0 25. AnlNl Control Shelter 110,000 33,000 0 33,000 0 0 0 0 0 0 0 2 . I Fence Relocation 10,000 2,000 0 2,000 0 0 0 0 0 0 0 27. Housing Reti.bilftation 100,000 100,000 100,000 0 0 0 200,000 0 0 200,000 0 28. t Devel OpMen t Author I ty 100,000 75,000 58,603 16,397 0 0 0 0 0 0 0 29. C nl ty C nter Phase I 33,000 33,000 32,478 522 18,000 0 0 0 0 0 0 JO. Brfd R p,1r 60,000 60,000 0 60,000 60,000 0 0 0 0 0 0 31. Golf Course Clubhous p & I 80,000 78,950 205 78,745 0 0 0 0 0 0 0 32 . COOA 1lkthru -west side 120,000 115,000 94,200 20,800 0 0 0 0 0 0 0 33. Paving District 125 26,000 25,400 13 25,387 0 0 0 0 0 0 0 4 . t Design Guidelines 19,000 0 0 0 19,000 0 0 0 0 0 0 • JS. Urban R l Authority 10,000 0 0 0 70,000 ___ o ___ o 0 ___ o 0 ___ o
RA D TOTAL 13 430 411 111 1022 1321 1911571076 12,665,251 p11 1050 ~
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C O U N C I L C O M M U N I C A T I O N
DATE AGENDA ITEM
October 27, 1982 e.
INITIATED BY City Manager
SUBJECTSix-Quarter Budget
October , 1982 through March, 1984
ACTION PROPOSED Consideration of adopting a Resolution for the
Six-Quarter Budget -October, 1982 through March, 1984.
BACKGROUND
The Public Improvement Fund (PIF) Six-Quarter Budget proce.ss was
adopted in the summer of 1973. The essence of the Six-Quarter
Budget is that the City has a continuing budget which extends
one and one-half years into the future. Every quarter the City
Council reviews and analyzes this budget, and if projects are
delayed due to unavoidable circumstances, they are dropped back
in this budget, while projects ready to go are moved forward.
The moat current revenue forecasts are used and, if additional
funds become available, specific projects could be moved forward
and completed ahead of schedule or a new or emergency project
could be added.
1 982 CHANGES
Little Dry Creek project was reduced in the 4th quarter by
$70,000 to transfer funds to the Urban Renewal Authority to
purchase the Charles Blood property at 3767 South Clarkson Ser t,
by $41 ,200 to Little Dry Creek Engineering to model the Cinderella
Box Conduit and by $4,000 for the Downtown Design Guideline•
makin the final mount $78 ,850 in the 4th quarter.
Cr ek En ineerin was increased by $41,200 fro th
account n the 4th quarter to amend the
to include the modeling of the Cinderella
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Belleview Park Pumphouse project to replace the existing
irrigation pumphouse and install three pumps to irrigate the
park from the water filter plant backwash and was increased
by $35,000 in the 4th quarter. These funds recognize the
Parks and Recreation Department monies that were part of the
total project budget of $85,000 and are being transferred from
this General Fund budget to the PIF.
Pistol Range -$10,000 was added to this project for a mul ti -
j urisdictional police pistol range. These funds are available
from the PIF fund balance.
Community Center Phase I project received $18,000 i n the 4th
quarter to prepare drawings for presentation to the publ ic
prior to a bond election in early 1982. The amount of $16,000
will be used for the architect and $2,000 for pr eliminary soil
investigation at the site to be chosen by City Council in the
near future. These funds will cover from the PIF fund balance.
Downtown Design Guidelines is a new project to hire Design
Workshop Inc. to prepare design guidelines for Broadway improve-
ments from Floyd Avenue to U.S. 285. The amount of $19,000
is the budget of which $15,000 was available from the Downtown
Plan and $4,000 from Little Dry Creek. Both accounts are
reduced accordingly in the 4th quarter.
Urban Renewal Authority received $70,000 to purchase properties
within the Englewood Downtown Redevelopment Plan boundary.
These funds will purchase the property at 3767 South Clarkson
Street and pay relocation benefits. (Note : This transfer is
on a separate resolution.)
1983 CHANGES
Little Dry Creek project to improve the channel to carry the
100-year storm from Clarkson to Santa Fe Drive was increased
by $71 , 864 in th 3rd quarter to reflect total funds availabl
to this project in 1983.
Traffic lmprovem nts received $50,000 in the 2nd quarter to
repl c fiv traffic controllers and keep a standby traffic
computer. Th a funds were mad avail ble fro the reduction
in Paving District No. 29.
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Housing Rehabilitation received $200,000 in the 2nd quarter
as leverage in our Community Development Block Grant Application
to the United States Department of Housing and Urban Development
(HUD). The amount of $50,000 was made available from the
reduction in Paving District No. 29, $100,000 tr~nsferred from
the General Fund, and $50,000 matching funds from the Englewood
Centennial Bi-Centennial Fund.
1984 CHANGES
Little Dry Creek -The first quarter funding in 1984 went to
Little Dry Creek in the amount of $750,000 to continue the
rechannelization project. This figure includes the $500,000
contribution ·from Urban Drainage District.
RECOMMENDATION
'Ille Resolutions which adjust the PIF as described above are
attached for your consideration.
SUGGESTED ACTION:
MOVED BY ~~~~~~~~~~~~~~~-
SECOND~~~~~~~~~~~~~~~~
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RESOLUTION NO.~
SERIES OF 1982
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A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood,
Colorado, desires to make certain changes within the Public
Improvement Fund;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Englewood, Colorado, as follows:
Section 1.
nie following estimated revenues and appropriations
of funds are hereby made in the Public Improvement
Fund :
Source of Funds:
Admission Tax
Urban Drainage
Other Governmental Units
Interest
Parks Contribution
General Fund Transfer
Total
Appropriations of Funds :
Little Dry Creek
Little Dry Creek Engineering
Belleview Park Pumphouse
Police Pistol Range
Community Center
Downtown Design Guidelines
Downtown Plan
Unreserved Surplus
Tota l
2 .
owing appropriation of funds
G n ral Fund.
Source of Fund :
Parks D p rtm nt
Applic ation of Funds :
PIF Tran sf r
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$12,000
10, 779
29,636
45,000
10,000
35 ,000
$142,415
$(45 ,200 )
41 ,200
35,000
10,000
18,000
19 ,000
(15,000 )
79 ,415
$14 2,415
re her by mad
$(35 .000)
$ 35,000 I • •
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1982.
ATTEST :
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Section 3.
1l\e City Manager and Director of Finance are hereby
authorized to make the above changes to the 1982 budget
of the City of Englewood.
ADOPTED AND APPROVED this /~ day of~ ,
Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer
of the City of Englewood, Colorado, do hereby certify that the
above and forego}p~ is a true, accurate and complete copy of
Resolution No.~· Series of 1982.
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SIX QUARTER BUDGET
OCTOBER, 1982 THROUGH MARCH, 1984
EXP. PROJ. 1ST 2ND 3RO 4TH TOTAL 1ST PROJ. APPRO. BAL. BAL. 4TH QTR. QTR. QTR. QTR. 1983 QTR. BUDGET P.T.D. P.T.D. 9/31/82 ~ 1983 1983 1983 1983 APPRO . 1983
I. Stonn Drainage General $ 415,000 $ 414,421 $ 397,326 $ 17,095 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 2. Little Dry Creek 3,000,000 2,898,611 1,032,794 1,865,817 78,850 398,300 100,000 714,864 447,902 1,661,066 750,000 3. Downtown Drainage &
Traffic lmprovl!ftll!nts 180,000 150,000 (5) 150,005 0 0 0 0 0 0 0 4 . Downtown Plan 100,000 63,867 48,703 15,164 (15,000) 0 0 0 0 0 0 5. Traffic lmproveinents 85,000 85,000 1,816 83,184 0 0 50,000 0 0 50,000 0 6 . Little Dry Creek Engineering 740,000 698,500 73 9,700 (41,200) 41,200 0 0 0 0 0 0 7. Street and Sidewalk Paving
District No. 28 225,000 225,000 87 224,913 0 0 0 0 0 0 0 Paving Dfstrtct No . 29 200,000 0 0 0 0 0 200,000 0 0 200,000 0 Road and Brf dge 900,000 871,871 862,386 9,485 0 0 0 281,034 0 281,0~ 0 Romans Par Repair 7,500 7,500 6,700 800 0 0 0 0 0 0 0 Belleview P~ House 85,000 50,000 73,823 (23,823) 35,000 0 0 0 0 0 0 Centennia 1 Park 280,000 278,760 275,605 3,155 0 0 0 0 0 0 0 Belleview Stoni Repair 5,000 4,500 0 4,500 0 0 0 0 0 0 0 Handicapped Play Apparatus 24,000 24,000 19 ,385 4,615 0 0 0 0 0 0 0 River Development Phase I 3,848,111 3,848,111 3,840,522 7,589 .o 0 0 0 0 0 0 River Development Phase II 721 ,300 395,850 357,395 38,455 0 0 0 0 0 0 0 River Develop,nent Phase Ill l, 100,000 1,090,986 1,067,241 23,745 0 0 0 0 0 0 0 Golf Ctrts 125,000 125,000 120,200 4,800 0 0 0 0 0 0 0 Std al R P11r 30,000 0 0 0 0 0 0 30,000 0 30,000 0 Handicapped IIQP 1,500 0 0 0 0 0 0 0 0 0 0 Pistol !!An 32,000 20,000 4 19,996 10,000 0 0 0 0 0 0 Bro. ay Be1uti teat on 50,000 0 0 0 0 0 0 0 0 0 0 rth fire Station 500,000 0 0 0 0 0 0 0 0 0 0 ior C t Par fn9 lot 2 48,000 48,000 27,895 Z0,105 0 0 0 0 0 0 0 Anl 1 Control S It r 110,000 33,000 0 33,000 0 0 0 0 0 0 0 r elout1on 10,000 2 ,000 0 2,000 0 0 0 0 0 0 0 HoYSIIHJ ihtatl 100,000 100,000 100,000 0 0 0 200,000 0 0 200,000 0 t t Aut rtty 100,000 75,000 58,603 16,397 0 0 0 0 0 0 0 s I 33 ,000 33 ,000 32,47 522 18,000 0 0 0 0 0 0 60,000 60,000 0 60,000 60,000 0 0 0 0 0 0 80,000 78,950 l05 78,745 0 0 0 0 0 0 0 120,000 115,000 94,200 lO ,IOO 0 0 0 0 0 0 0 Z ,000 25 ,400 13 lS, 1 0 0 0 0 0 0 0 19,000 0 0 0 19,000 0 0 0 0 0 0 __ 70 ,000 0 0 0 10,000 ___ o ___ o 0 ___ o 0 ___ o
J I) 00 411 11 22 327
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