HomeMy WebLinkAbout1981-05-04 (Regular) Meeting Agenda..
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CITY COUNCIL HEEliNG -Regular
-Hay 4, 1981
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CITY COUNCIL MEETING
May 4, 1981
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RESOLUTION # ¥/. 22, 23, 24
ORDINANCE # /. 39, 40, 41, 42
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REGULAR MEETING:
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COUN CIL CH AMB ERS
CITY OF ENGL E ~D , COLORADO
Hay 4, 1981
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The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on May 4, 1981, at
7:30 p.m.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by Council Member Thomas
Fitzpatrick. The pledge of allegiance was led by Boy Scout
Troop 1115 and 1154.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present:
Council Members Higday, Neal, Fitzpatrick,
Bilo, Bradshaw, Otis.
Absent: Council Member Keena.
The Mayor declared a quorum present.
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Also present were: City Manager McCown
Assistant City Manager Wanush
Assistant City Attorney Holland
Director of Finance/ex officio
City Clerk-Treasurer Higbee
Deputy City Clerk Watkins
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COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES
OF THE REGULAR MEETING OF APRIL 20, 1981. Council Member Fitz-
patrick seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick',
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
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May 4, 1981
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t i me.
were:
There we re no pre-sch e duled vi s it ors on the agend a.
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There were no other v i sitors wishing to speak at this
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"CoiDDUnications -No Action Recommended" on the agenda
(a)
(b)
(c)
(d)
Minutes of the Board of Career Service Com-
missioners meeting of March 19, 1981.
Minutes of the Downtown Development Au-
thority meeting of April 22, 1981.
Memorandum from the Fire Chief to the City
Manager concerning out-of-state trips that
Fire personnel attended.
Municipal Court Activity Report for the
month of March, 1981.
COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT
TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS SA -SD.
Member Bilo seconded the motion. Upon a call of the
vote resulted as follows :
"COMMUNICA-
Council
roll , the
Ayes :
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick!,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
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Assistant City Manager Wanush presented the minutes
of the Water and Sewer Board meeting o f Apri l 14, 1981, and the
recommendation contained therein regarding a request made by
the Valley Sanitation District fo r annexation of additional
land into the service area.
COUNCIL MEMBER HIGDAY MOVED TO APPROVE SUPPLEMENT 14
VALLEY SANITATION DISTRICT. Council Member Fitzpatrick seconded
the motion. Upon a call of t he roll , the vote resulted as follows:
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May 4, 1981
Page 3
Ayes :
Nays :
Absent :
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Counc il Members Hi gday , Neal , Fitzpatrick•,
Bi l o , Bradshaw , Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
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Assistant City Manager Wanush presented the minutes
of the Water and Sewer Board meeting of April 14, 1981, and
the recommendation contained therein regarding a license agree-
ment with the Atchison, Topeka and Santa Fe Railroad and the
Denver and Rio-Grande Railroad for permission to place a 27"
sanitary sewer line across the tracks.
Council Member Neal requested that staff prepare a
time line reflecting the decisions to be made in regard to the
sewer line inclusive of options of some sort of culvert along
Floyd or from Floyd and Elati down to the plant.
Mr. Wanush replied that the Director of Public Works
and the Director of Utilities were presently preparing a prelimi-
nary report outlining the basic steps and decisions that have to
be made on the project. Mr. Wanush stated the time line would
be available to Council before any final acceptance of bids were
made.
Council Member Higday stated the Water and Sewer Board
also discussed the opening and closing of Broadway on an untimely
basis for one project or another was becoming unacceptable; and
coordination was going to be demanded.
Council Member Neal stated he did not want to have
Floyd Avenue torn up during Christmas because it would block
the northern access into Cinderella City. Also, that Floyd
Avenue was critical to the redevelopment plans of Cinderella
City.
COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE
LICENSE AGREEMENTS WITH THE ATCHINSON, TOPEKA AND SANTA FE
RAILROAD AND THE DENVER AND RIO GRANDE RAILROAD FOR A 27"
SANITARY SEWER LINE TO CROSS THE RAILROAD RIGHT OF WAY.
Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows :
Ayes : Council Members Higday, Neal, Fitzpatrick•,
Bilo, Bradshaw, Otis •
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May 4, 1981
Page 4
Nays:
Absent :
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None.
Council Member Keena.
The Mayor declared the motion carried.
Council Member Neal requested further that an analysis
be prepared in terms of the six quarter budget, i.e. what funds
are available, what funds are allocated to projects, and what
funds can potentially be allocated for this project.
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Mayor Otis presented a Council Communication from the
Parks and Recreation Department requesting permission to hang a
banner across South Broadway announcing Super Saturday.
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE REQUEST
TO HANG A BANNER OVER SOUTH BROADWAY FROM JUNE 15 -JUNE 22,
1981, ANNOUNCING SUPER SATURDAY. Council Member Higday seconded
the motion. Upon a call of the roll, the vote resulted as fol-lows :
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
ORDINANCE NO. 38
SERIES OF 1981
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BY AUTHORITY
COUNCIL BILL NO. 41
INTRODUCTION BY COUNCIL
MEMBER NEAL
AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF
CHAPTER 7, TITLE IX, OF THE ENGLEWOD MUNICIPAL CODE OF 1969 ', AS AMENDED.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41 ',
SERIES OF 1981, ON FINAL READING. Council Member Bradshaw sec-
onded the motion. Upon a call of the roll, the vote resulted as follows :
Ayes: Council Members Higday, Neal, Fitzpatrick',
Bilo, Bradsh aw, Otis •
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Page 5
Nays :
Absent :
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None.
Council Member Keena.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 43
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
AN ORDINANCE VACATING A PORTION OF A UTILITY RIGHT-OF-WAY IN
CENTENNIAL SOUTH SUBDIVISION ON THE NORTH SIDE OF LOTS 6 AND 14 ',
ARAPAHOE COUNTY, COLORADO.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO. 43, SERIES OF 1981, ON FIRST READING. Council Member Brad-
shaw seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick',
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
ORDINANCE NO •. __ _
SERIES OF 1981
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING CHAPTER 22 OF THE COMPREHENSIVE ZONING OR-
DINANCE, ORDINANCE NO. 26, SERIES OF 1963, OF THE CITY OF ENGLE-
WOOD, RELATING TO ADULT USES, ESTABLISHING ZONING LIMITATIONS
ON THEIR LOCATION, AND PROVIDING FOR THE TERMINATION OF NONCON-
FORMING USES.
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May 4, 1981
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Council Member Bradshaw asked for the rationale be-
hind the 500 foot limitation from residential areas as opposed
to the 1000 foot in the temporary ordinance.
Hr. Holland stated in a recent United States Supreme
Court case on this particular subject, a similar ordinance was
held constitutional. The ordinance contained the requirement
that a use must be 500 feet or more from residential areas.
Mr. Holland stated Hr. DeWitt put in the 500 foot requirement
to assure the bill constitutional ; however, it would be Coun-
cil's discretion to increase the limitation.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL
NO. 44, SERIES OF 1981, ON FIRST READING. Council Member Bilo
seconded the motion.
COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION AND ADD
"AND DECLARING AN EMERGENCY" AFTER "USES" IN THE ORDINANCE TITLE.
Council Member Fitzpatrick seconded the motion. Upon a call of
the roll, the vote resulted as follows :
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-tion resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick',
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR-
ING ON COUNCIL BILL NO. 44, FOR JUNE 1, 1981, AT 7 :30 P.M. Coun-
cil Member Neal seconded the motion. Upon a call of the roll •,
the vote resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick•,
Bilo, Bradshaw, Otis •
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Page 7
Nays:
Absent:
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None.
Council Member Keena.
The Mayor declared the motion carried.
RESOLUTION NO. 20
SERIES OF 1981
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A RESOLUTION APPROVING THE APPOINTMENT OF CHARLES C. GRIMM AS
ASSISTANT CITY ATTORNEY.
COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION
NO. 20, SERIES OF 1981. Council Member Fitzpatrick seconded
the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes :
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick•,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The ~yor declared the motion carried.
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COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT A PROCLAMA-
TION DECLARING THE WEEK OF MAY 17 -23, 1981, AS "PUBLIC WORKS
WEEK". Council Member Bradshaw seconded the motion. Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent:
Council Members Higday, Neal, Fitzpatrick,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
Council asked the newspaper reporters to make mention
of the aforementioned event in their respective newspapers.
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Assistant City Att o rney Ho l land t ransmitted and dis-
c ussed a memorandum from City Attorney DeWitt regarding a
draft ordinance designed to increase penalties for municipal
offenses.
Assistant City Attorney Holland transmitted and dis-
cussed a memorandum from City Attorney DeWitt regarding a
draft ordinance regulating gold and silver exchanges.
In regard to the proposed ordinance on increasing
penalties for municipal offenses, Council Member Neal asked
for information on whether or not restitution and/or fine
could exceed the $1,000 limit. Also, whether or not resti-
tution can be required.
Assistant City Attorney Holland stated municipali·
ties do not have the authority to enact anything which would
be classified as a felony. To determine whether or .not some-
thing is a felony, is determined by the penalty which is as-
sessed for it. The minimum penalty for determination of a
felony is $1,000. He stated there is some chance if the pen-
alty assessed for the violation of an ordinance went to $1,000
or over a $1,000 including restitution that that would be classi-
fied a felony and therefore, the City could not have an ordinance
doing that. Mr. Holland stated the City Attorney's office would
further research the question.
Council Member Neal asked if restitution could be se-
parated from the concept of a penalty.
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Assistant City Attorney Holland informed Council that
the Housing Authority had paid off the loan for the new Senior
Citizen Housing project.
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Council Member Higday instructed the Deputy Clerk to
add his name as co-sponsor to Council Bill No. 44.
Other Council Members expressed support for the bill.
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City Manager McCown presented a Council Communication
from the Director of Finance concerning Computer Hardware and
Software Contract with Computer Resource Management Corporation
(CRMC) with a Lease/Purchase Agreement •
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May 4, 1981
Pag e 9
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Di rector of Financ e Hi gbee appea r e d be f or e Co unci l and
p r esen t ed the information. Mr. Hi gbe e st a t e d fin a l con tract t e rms
h a d b een reached with CRM C in th e amoun t of $266 ,71 0 o f which
$1 86 ,46 0 i s for the pur chase of c ompu te r hardware and $8 0,2 50
fo r th e pur chase of appl i ca tion softwar e. Mr. Higbee s tated
the app lica tion software would be Vehicle Ma i ntenance pac kage,
Finance Account ing package, Utility Accounting package, Payr o l l
Personnel system, Sales Tax Accounting system , and Fire Depart-
ment Incident Reporting package.
Mr. Higbee requested that the City Manager be authorized
to execute the contract for computer hardware and software with
CRMC pending the City Council passing a resolution at some future
date entering into a lease/purchase arrangement for the financing
of the computer hardware and software. Mr. Higbee further requested
that the City Manager be authorized to enter into a lease/purchase
contract negotiations for the purpose of financing the computer
hardware. Mr. Higbee stated the 1981 Data Processing Budget con-
tained $118,000 for the purpose of making lease/purchase payments
and also for implementation support. Mr. Higbee requested that a
down payment in the amount of ~80,710 be made, leaving a total
of $186,000 to be financed over a five-year period of time.
Mr. Higbee stated Margaret Freeman, the City's Data
Processing Manager , and Gary Svoboda, President of the CRMC I,
were present if Council had any questions.
Council Member Bradshaw stated the operational audit
of Municipal Court showed a tremendous need for computer pro-
gramming of the court. Ms. Bradshaw asked if Municipal Court's
needs will be phased in.
Mr. Higbee stated there would be no problem in phas-
ing it in. The contract was for a one-year period of time and
all of the applications he ment i oned should be on board. Mr.
Higbee stated the hardware has the capacity to take care of the
Court's needs; and if Council directed the undertaking of Court
applications this year, it would take additional workload , an-
other contract, and additional money; or deletion of some of
the applications. Mr. Higbee stated the applications proposed
in Phase I were the current applications being run on the exist-
ing computer system; and until they are on the new computer sys-
tem, the old computer system can not be removed.
COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO A LEASE/PURCHASE CONTRACT NEGOTIATIONS
FOR THE PURPOSE OF FINANCING THE COMPUTER HARDWARE AND SOFT-
WARE WITH CRMC. Council Member Neal seconded the motion.
Upon a call of the roll, the vote resulted as follows:
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May 4, 1981
Page 10
Ayes :
Nays :
Absent :
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Council Members Higday , Neal, Fitzpatrick,
Bilo, Bradshaw , Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE THE CONTRACT WITH CRMC PENDING THAT CITY
COUNCIL PASS A RESOLUTION AT SOME FUTURE DATE ENTERING INTO
A LEASE/PURCHASE AGREEMENT FOR COMPUTER HARDWARE AND SOFT-
WARE. Council Member Neal seconded the motion. Upon a call
of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick•,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayor declared the motion carried.
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City Manager McCown presented a Council Communication
from the Director of Engineering Services concerning an agree-
ment with Urban Drainage and Flood Control District with the
City of Englewood on construction and inspection of Little Dry
Creek Schedule I Project.
COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY AT-
TORNEY TO PREPARE AN ORDINANCE APPROVING THE AGREEMENT. Coun-
cil Member Fitzpatrick seconded the motion. Upon a call of
the roll, the vote resulted as follows :
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrickl,
Bilo, Bradshaw, Otis.
None.
Council Member Keena.
The Mayo r declared the motion carried,
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May 4. 1981
Page 11
RESOLUTIO N NO. 21
SERIES OF 1981
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A RESOL UTION APPROVING A LEASE WITH MEDIA ENTERPRISES, INC.
COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTI ON
NO. 21 , SERIES OF 1981. Council Member Bradshaw seconded the motion.
contracts. Council Member Neal opposed renegotiating existing
Council Member Higday agreed with Mr. Neal.
COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE RESOLUTION.
Council Member Higday seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes :
Nays:
Absent:
Council Members Higday, Bilo, Bradshaw.
Council Members Neal, Fitzpatrick, Otis.
Council Member Keena.
The Mayor declared the motion defeated.
Council instructed the City Manager to bring up this
matter at a study session to discuss the contract's impact on
the water plant.
Upon a call of the roll, the vote on the original mo-tion resulted as follows:
Ayes:
Nays :
Absent :
Council Members Fitzpatrick, Bradshaw, Otis.
Council Members Higday, Neal, Bilo.
Council Member Keena.
The Mayor declared the motion defeated.
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Council instructed staff to send a sympathy card to
the family of Vi Gardner.
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May 4, 1981
Page 12
Council instructed staff to send a get well card to
the mother of City Attorney Rick DeWitt.
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There was no further business to be discussed.
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COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
8:40 p.m. Mayor Otis adjourned the meeting without a vote at
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7 :30 P.M.
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AG ENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY CO UNCI L l
MAY 4 , 1981 _ ~ 1);-~
~ j W
Ca ll td order , invocation b y R(vere n d A. Geoffrey
Rat c l iffe , Seven t h Day Adven tist Chur c h , 2 675 South
Downing , pledg e o f all eg i a nc e b y Bo y Sco ut Troop .
1 ll5 and 154, a n d r oll call. \ 'f'~ ~ '11--1-
Minutes .
(a) Mi n utes o f the regular meeting of April 2 0,
19 81. (Copie s e nclosed .)
Pre -Scheduled Visitors . (Please l im i t yo u r pr e-
sentation to 10 minutes.)
. A~ Other Visitors .
~-to 5 minutes .) (Pl e ase limit your pre s en ta tion
4 . Public Hearing.
5 . Communications -No Action Recommended .
(a) Minutes o f the Board of Career Service Com -
missioners meeting of March 19, 1981 . (Cop i es
enclosed .)
(b) Minutes of t he Downtown Development Authority
meeting o f April 22, 1981. (Copies enclosed .)
(c) Me ~orandum from the Fire Chief t o the City
Manager concerning out-o f -state trips that
Fire personnel attended . (Copies enclosed .)
(d) Municipal Court Activity Re port f or the month
ofMarch, 1981 . (Copies enclosed .)
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May 4, 1981 Agenda
6. Communications -Action Recommended.
(a) Minutes of the Water and Sewer Board meeting
of April 14, 1981 with the following recommenda-tions :
OffM"rfJ (i) Supplement 14 Valley Sanitation District; and
(ii) 2 7" Sewer Pipe Line
A~~ Topeka and Santa Fe ~~·-Grande Railroad .
License with Atchinson,
and Denver and Rio
(b)
~-yU)..
(Copies enclosed.)
Council Communication from the Parks and Recre-
ation Department concerning a banner across
South Broadway. (Copies enclosed .)
7. City Attorney .
Ordinance on Final Reading.
(a) Ordinance repealing and reenacting Section 1
through 16 of Chapter 7, Title IX, of the 1969
Englewood Municipal Code, as amended -Massage
Parlor. (Copies enclosed.)
Bills for Ordinances.
Bill vacating a portion of a utility right-of-
way in the Centennial South Subdivision on the
north side of lots 6 and 14, Arapahoe County,
Colorado. (Copies enclosed .)
(c) Bill amending Chapter 22 of the Comprehensive
~ .. ) Zoning Ordinance, Ordinance Number 26., Series ~~ o f 1963, of the City of Englewood, relating to il ~ adult uses establishing zoning limitations on t»~\' (!._@ p-q-L their location and providing for the termination
<.f) Y'-, ~0 &10 (J!i-::t/: of non-conforming uses . (Copies enclosed .) ~ r\.. ~·~ 1Y"-Resolution.
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Resolution approving the appointment of Charles
C . Grimm as Assistant City Attorney . (Copies enclosed.)
Proclamation .
Proclamation proclaiming May 17-23, 1981 as
Public Works Week . (Copies enclosed.)
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May 4, 1981 Agenda
7. City Attorney (Continued).
Other Matters.
Memorandum from the City Attorney concerning
penalties for Municipal Code violations.
(Copies enclosed .)
Memorandum from the City Attorney concerning
gold and silver exchanges. (Copies enc losed .)
Attorney's Choice.
City Manager .
(c)
Council Communication from the Director of
Finance concerning Computer Hardware and Soft-
ware Contract with Computer Resource Management
Corporation (CRMC) with Lease/Purchase Agreement.
(Copies enclosed.)
Council Communication from the Director of
Engineering Services concerning an agreement
with Urban Drainage and Flood Control District
with the City of Englewood on construction and
inspection of Little Dry Creek Schedule I
Project . (Copies enclosed.)
Council Communication from the Director of
Public Works concerning the lease with Media
Enterprises, KQXI. (Copies enclosed.) ~~~.r~~
· ~ (d) Manager's Choioe. ~ 9. General Disoussion.
(a) Mayor's Choice .
(b) Council Member's
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:£ r > r /Y>).
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ROLL CALL
"oved Seconded Aye Nay Ab t sen
Hiadav
NeaT
FatzpatrTck
Keena
Bllo
Bradshaw
Otis
&LUL tiJ .ffitftu ~
~-altii~~k .
Ab stain
'fJJur----13-<j ~t ~ -#:-;1 t; +-#I~-'/-
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ROLL CALL
Hove d Seconded Aye Nay Absent Abstain
Higday -Neal -
Fl tzpatn ck -
Keena -Bllo
Bradshaw -
Otis -
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ROLL CALL
Hove d Seconded Aye Nay Absent Abstain
Higday J
Neal I ....... Fitzpatnck
Keena
81 lo I ....... Bradshaw I
OtiS I
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ROLL CALL
11o ve d Seconded Aye Nay Absent Abstain
Higday
Neal
Fe tzpatre ck
Keena
8110
Bradshaw
OtiS
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ROll CAll
Moved Seconded Aye Nay Absent Abstain
Hi9day
Neal
Fitzpatrick
Keena
81 lo
Bradshaw
OtiS
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday I
........ Neal I
F 1 tzpat,.. ck J
Keena -............ Bllo J
Bradshaw I
Otis
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ROll CAll
Moved Seconded Aye Nay Absent Abstain
Hiadav
Neal
Fi tzpatn ck
Keena
hlo
Bradshaw
Otis
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ROLL CALL
Moved Seconded Aye Nay Absent Ab t I s a n
HiQdav I
Neal I v F1 tiPatn ck I
Keena
v Bilo I
Bradshaw I
OtiS
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ROLL CALL
11ove d Seconded Aye Nay Absent Abstain
,...-HiQdav I
Neal I
F i tzpat r1 ck ,
Keena -Bi lo I
v Bradshaw I
Otis
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ROLL CALL
11ove d SPconded Aye Nay Absent Abstain
Higday I
¥" Neal l
F1 tzp_atri ck (
Keena -
Blto 1 _.. Bradshaw I
Otis I
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RO LL CAL L
Hove d Se c onded Aye Nay Ab sen t Abstain
Higday I
Neal 1 v Fitzpatrick I
Keena -8110 I
1--Bradshaw I
OtiS I
1 b
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Na y Absent Abstain
Higday
Neal
F 1 tzpat r1 ck
Keena
v Bllo
v Bradshaw
Otis
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ROLL CALL
Hove d Seconded Aye Nay Absent Abstain
Higday I v Neal I
y Fl tzpatri ck I
Keena -Bllo I
Bradshaw I
Otis I
,, J
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday I
Neal I
Fitzpatrick I
Keena -
Belo 1
Bradshaw I
Otes I
I • •
• •
•
• -
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday I v Neal I ,_,.,. Fitzpatrick I
Keena -8110 I
Bradshaw I
Otis I
I • •
• •
•
• •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday I
Neal 1 v Fitzpatrick I
Keena -Bi lo I y Bradshaw I
OtiS I
I • •
• •
•
•
,. •
ROLL CALL
Moved Seconded Aye N ay Ab sent Abstain
Hiqday I
Neal I
v Fl tzoatri ck I
Keena -Bi lo I
""' Bradshaw I
Otis I
-
I • •
• •
•
• -
ROLL CALL
Hoved Seconded Aye Na y Ab sen t Abstain
Hiqday
Neal
Fitzpatrick
Keena
Bi lo
Bradshaw
OtiS
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ROLL CALL
Moved Seconded Aye Nay Absent Abstain
I..-HfQday
Neal
Fitzpatrick
Keena
Bllo
Bradshaw
Ot1s
I . •
•
•
• •
ROLL CALL
Moved Seconded A ye Na y Absent Absta in
Higdav
Neal
Fltzoatrlck
Keena
Bllo
Bradshaw
Otis
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•
I . •
•
• .. •
ROLL CAll
Hove d Seconded Aye Nay Absent Abstain
Hiadav
Neal
Fl tzpatri ck
Keena
Bllo
Bradshaw
OtiS
-
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•
•
• •
ROLL CA LL
Hove d Se c onded Aye Nay Abs nt e Ab sta n
Hlgdav I
v Neal I
Fi tzpatn ck I
Keena -
Bllo I v Bradsh-I
OtiS I
I . .
•
•
•
• •
ROLL CALL
Moved Seconded Aye N ay Ab sent AbstaIn
Hiqday I v Neal I
Fitzoatrick I
Keena -Bilo I
"' Bradshaw I
OtiS I
Gy\'UJ ~ um f ~ co~
c_~, '~/}')(_...
•
I . .
• -
•
,. •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
_V Hlgday I
Neal I
~ Fitzpatrick I
Keena
B1lo I
Bradshaw I
Otis 1
• I • •
• •
•
• -
ROLL CALL
Hove d Seconded Aye Nay Absent Abstain
Hiqdav
Neal
IJII?-V Fitzpatrick
Keena
Bllo
y Bradshaw
Otis
I . .
•
•
• •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
r
1-1./ Hiqdav
L... Neal
~ Fi tiDatn ck
-
I-Keena -
Bllo v Bradshaw
Otis .....
__..
I . •
•
•
• .. •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain
Higday -61 -Neal -
Fitzpatrick
Keena
Bllo -
Bradshaw
Otis
•
• I • •
•
•
• .. •
ROLL CALL
Moved Seconded Aye Nay Absent Abstain -Higdav ---,
-
~ Neal
Fi tzoatn ck -
~ -Keena -Bi lo
-
L
Bradshaw
Otis
---1
---1 __,
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tl
I • •
• •
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REGULAR MEETING :
•
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COUN CI L CH AMBERS
CITY OF ENGL EWOOD, COLO RADO
April 20, 1981 \fA-
The City Council of the City of Englewood, Arapahoe
County , Colorado, met in regula r session on Apr il 20, 1981 , at
7 :30 p.m.
Mayor Otis, pres i ding, called the meeting t o ord er .
The invocation was given by Council Member Thoma s
Fi t zpatrick. The pledge of allegiance was led by Boy Scout
Tr oo p #92.
Mayor Otis asked for roll call. Upon a cal l o f th e
ro ll , the following were present :
Council Membe r s Higd~y. Neal, Fitzpatrick, Keena,
Bilo, Br a dshaw, Otis.
Absen t : None.
The Mayor declared a quorum present.
* * * * * *
Also present we re: City Manager Mc Co wn
Assistant City Manag er Wanush
City Attorney DeWitt
Deputy City Clerk Wa tkins
* * * * * *
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF
THE REGULAR MEETING OF APRIL 6, 1981. Council Member Fitzpat rick
seconded the motion. Upon a call of the roll, the vote resulted
as follows :
Ayes:
Nays :
Council Members Higday, Nea l, Fitzpatrick,
Keena , Bilo, Bradshaw, Otis.
None.
The Mayor d e c lared the motion carried.
* * * * * *
COUNCIL MEMB ER KEENA MOVED TO APPROVE A PROCLAMATION
DECLARING THE WEEK OF APRI L 20 -26, 1981, AS "VI CTIM RIGHTS
WEEK". Council Member Bradshaw seconded the motion. Upon a
call of the rol l, the v ote resulted as follows:
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April 20 , 1981
Page 2
Ayes :
Nays:
Co unc i l Members Higday , Nea l, Fitzpat r ick,
Keena , Bilo, Bradshaw, Otis.
None.
The Mayor d eclare d the motion carri e d.
Mayor Otis presented the proclamation to Ms . Ann Mcintyre •,
of the District Attorney's office. Ms. Mcintyre stat d there was a
bill pending before the legislature which would establish a crime
victim compensation fund. Ms. Mcintyre passed out buttons stating
"Victims Are People" to each Council member to wear during the pro-claimed week.
were:
* * * * * *
There were no other visitors at this time.
**1•***
"Conununications -No Action Recommended" on the agenda
(a)
(b)
(c)
(d)
(e)
Minutes of the Board of Adjustment and Ap-
peals meeting of March 11, 1981.
Minutes of the Planning and Zoning Commissio n
meeting of March 17, 1981.
Minutes of the Denver Regional Council of
Governments meeting of March 18, 1981.
Minutes of the Liquor License Authority
meeting of March 18, 1981.
Minutes of the Downtown Development Authority
meeting of April 8, 1981.
COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUN I CATIONS -
NO ACTION RECOMMENDED" AGENDA ITEMS SA-SE. Council Member
Fitzpatrick seconded the motion. Upon a call of the roll, the
vote resulted as follows :
Ayes: Coun c il Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
* * * * * *
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Apr il 20, 1981
Page 3
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Ass istant City Manager Richard Wanus h pres e n ted a Coun -
cil Communication from the Planning and Zoning Commission meeting
of April 7, 1981, concerning a request to vacate the portion of
a ut i lity easement in the Centennial South Subdi vision , whi c h is
located on the southeas t co rn r of West Un ion Avenu and South
Decatur Street, for whi ch there is no publ ic purp ose.
COUNCIL MEMBER BRADSHAW MOVED TO DIRE CT TH E CI TY AT-
TORNEY TO PREPARE AN ORDINANCE APPROVING THE VAC ATI ON REQ UEST.
Counci l Member Keena seconded the motion. Upon a all of the
roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Nea l , Fitzpatrick ,
Keena, Bilo, Bradshaw, Ot i s.
None.
Th e May or decl ared the motion carried.
* * * * * *
Mayor Otis presented a Council Commun ication f rom the
P l anning and Zoning Commission meeting of Apri l 7, 1981 , conce rn-
ing the findings of fact on rezoning of lots 10 and 11, Block l,
Centenni al In dus rial Par k -George B. Adams.
COUNCI L MEMBER KEENA MOVED TO RECEI VE THE FI NDINGS OF
FACT. Counc il Me mber Fitzpatrick seconded the motion . Upon a
call of the roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal , Fitzpatrick,
Ke e na, Bilo , Bradshaw, Otis.
None.
The Ma y or declared the motion carried.
* * * * * *
City Manager An dy Mc Cown presented a Co u ncil Communica-
tion from the Water an d Sewer Board meeting of Ap ril 14 , 1981, con-
cerning t h e McLe lla n Re servoir Watershed Study. Mr. McCown stated
there was concern that t he development in and around the reservoir
prov ide proper drainage f acilities. Mr. McCown stated
the reservoir is the source of supply for the dr inking water in
Englewood and in the future will be a source of a portion of drink-
ing water for Mission Vie j o Corporation. He stated i n discussions
with the City of Littleton, the developers and other related parties ~
the ques t ion ar ose as to what is the proper amount an d quality of
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April 20, 1981
Page 4
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_water that should be allowed into the reservoir; and at this par ti-
cular time , there is no answer. Mr. McCown recommended that staff
be authorized to enter into contract negotiations with Black and
Veatch to have a study prepared to develop parameters on how much
water and level of quality of water can be allowed t o go into the
reservoir. Mr. Mc Cown stated when a full pr oposal is ready he
would come back to Co unc il with the costs and requ e s direction
from Council.
COUNCIL MEMBER FITZPATRICK MOVED TO DIREC T STAFF TO
NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS
TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC-
LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER-
VOIR. Council Member Bilo seconded the motion.
In response to Council Member Bilo's ques tion, Mr.
McCown stated since a portion of the McLellan Reservoir would
go to Mission Viejo Corporation, they might be willing to share
a portion of the costs of the study.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Mayor Otis presented a letter from Cyndi Geist, 3030
South Marion Street, con c erning her resignation from the Non-
Emergency Employees' Retirement Board.
COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE-
SIGNATION. Council Member Keena seconded the motion. Upon a
call o f the roll, the vo te resulted as follows:
Ayes :
Nays :
Council Members Higday, Neal , Fitzpatr ick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Coun cil instructed the City Manager to advertise for
the vacan c y as well as for vacancies on the Elec tion Co mmission,
Elsie Malley Trust Fund Board and the Englewood Dow ntown Develop-
ment Authority.
* * * * * *
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April 20 , 1981
Page 5
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Mayor Otis presented the minutes of the Pa r ks and Re-
creation Commission meeting of April 9, 1981, with recommenda-
tions requesting to have a member of the Commission present at
City Council meetings with staff and requesting that revisions
be made to the ordinance which created the Parks and Recr e at i on
Commission.
Council Member Fitzpatrick noted that dur i ng a study
session questions arose concerning the aforementioned recommenda-
tions. Mr. Fitzpatrick stated it was suggested that the recom-
mendations be tabled until Council could meet with the Parks and
Recreation Commission.
COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS
6(E)(I) AND 6(E)(II). Council Member Bilo seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Counc~l Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Mayor Otis presented the minutes of the Parks and Re-
creation Commission meeting of April 9, 1981, with a recommenda-
tion from the Commission concerning the selection of Trustee mem-
bers to the Malley Center Trust Fund.
COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT
OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND
RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST,
AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER;
AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN -
CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
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April 20, 1981
Page 6
ORDINANCE NO. 36
SERIES OF 1981
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BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE
ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE
CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 1,
SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
Council Member Higday instructed staff to write a letter
to Bruce Hogue explaining how this ordinance clarifies the discre-
pancy in term expirations which he brought to Council's attention a few weeks ago.
ORDINANCE NO. 37
SERIES OF 1981
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD
AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR
SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK.
COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 39 1,
SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
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April 20, 1981
Page 7
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Mayor Ot is stated at the Urban Drainage and Flood Con-
trol meeting last Thursday , t h e board passed on a nd agr e d to sha e
with Englewood the first phase between the river and S anta F . Work
will commence June 1st .
ORDINANCE NO.
SERIES OF 1981
* * * * * *
AY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 41
INT RODU CED BY COUN CIL
MEMBER NEAL
AN ORDINANCE REPEALING AND REENACTING SECTIO NS 1 THROUGH 16 OF
CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 196 9 , AS
AMENDED.
City Attorney DeWitt stated a se ction wa s remo ve d,
which appeared in the proposed bill, thereby allowing Counc il
further consideration of additional penalty provis ions .
Council Member Neal requested the City Attorn ey to
prepare language that would raise the general limit for city
violations ; not to a specific limit, but Mr. Neal stated he
wanted to make sure the subject came up as a topic in a study
session. Mr. Neal asked that this request be done in th e
next two months.
City Attorney DeWitt stated the maximum dollar
limit was $999 ; and as a realistic matter 90 days in jail
was the maximum, practical timeframe.
COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL
NO. 41, SERIES OF 1981, ON FIRST READING. Council Member
Bilo seconded the moti on.
Council Member Neal stated previously he had request -
ed some definitive language concerning business personnel
hindering police officers from entering the premises. Mr. Neal
stated i t was explained t o him by City Attorney DeWit t wh y i t
was better leaving the language undefined.
Upon a call of the roll, the vote resulted as follow s :
Ayes :
Nays :
Council Members Higday , Neal , Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
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April 20, 1981
Page 8
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The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1981
* * * * * *
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO.
INfRO DUCED BY COUNCIL
MEMBER
AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY THE
ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVID I NG FOR THE
DEFERMENT OF PA YME NT OF SPECIAL ASSESSMENTS MADE UPON PROPERTY
OCCUPIED AS A RESIDENCE BY !HE OWNERS.
City Attorney DeWitt asked that the bill be tabled b '-
cause there needed to be further discussion with Financ e, Com-
munity Development and his office to work out the actual proce-dure.
Council Member Neal expressed concerns in that the det tr-
mination of eligibility was being made by the Direct or of Financ e .
Mr. Neal stated maybe it should be made by Counc il. He stated h is
vreference to make application for deferment was at the formation
of the district. Mr. Neal stated perhaps some sa feguard or defi ni-
tion of assessment district should be inserted.
COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNC IL BIL L
NO. 42, SERIES OF 1981. Council Member Bilo seconded the motion.
Council instructed City Attorney DeWit t to return the
bill on the agenda of May 4, 1981; and further instr ucted the
City Manager to place the bill on a study session prior to that Council meeting.
Council Member Neal noted if the time of application
was changed to the formation of the district, there should be
a grandfather clause to cover Paving District No. 27.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Council Members Higday, Neal , Fitzpat r ick,
Keena, Bilo, Bradshaw , Oti s.
None.
The Mayor declared the motion carried.
* * * * * *
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April 20, 1981
Page 9
RESOLUTION NO. 18
SERIES OF 1981
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A RESOL UTION REAFFIRM! G APPOINTMENTS TO THE PUBLIC LIBRARY BOARD.
COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION
NO. 18, SERIES OF 1981. Council Member Fitzpatrick se conded the mot ion .
Council Member Bradshaw instructed the City Manager
to send a copy of this resolution to Mr. Hogue wi th an appro-
priate explanatory letter.
Upon a call of the roll, the vote resu lted as follows:
Ayes :
Nays :
Council Members Higday, Nea l, Fitzpatrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion c arried.
* * * * * *
COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION
DECLARING THE WEEK OF APRI L 27 -MAY 3, 1981, AS "V OLUNTEER RE-
COGNITION WEEK". Council Member Bradshaw seconded the motion.
Upon a call of the r o ll, the vote resulted as follows:
Ayes: Council Members Higday , Neal, Fitzpat rick, Keena, Bilo, Bradshaw, Otis.
Nays : None.
The Mayor declared the motion carried.
* * * * * *
City Attorney DeWitt gave a status rep ort on the Dart
Board case pending in district court. Mr. DeWitt stated his
office was still working on the case and it had finally been re-
assigned to the correct division; however, the judge has re-
signed and a new one will be appointed.
* * * * * *
City Att orney DeWitt announced the resignation of Leo
Clark, prosecutor for the City.
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April 20, 19 8 1
Page 10
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COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA-
TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED TH E CITY ATTORNEY
TO SEND HIM A LETTER. Council Member Brad shaw seconded the mo tion.
In response to Council Member Hi gday's question, Mr.
DeWitt presented Mr. Clark's letter of resigna tion.
Upon a call of the roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Nea l, Fitz patrick,
Keena, Bilo, Bradshaw, Otis.
None.
The Mayor dec l ared the motion carried.
* * * * * *
City Manager McCown presented a Coun cil Communication
and resolution concerning the Six-Quarter Budg et f or April, 1981
through September, 1982.
Council Member Neal requested that he b e provided with
a map which located the handicap ramps.
RESOLUTION NO. 19
SERIES OF 1981
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
COUNCIL MEMBER KEENA MO VE D TO PASS RESO LU TION NO. 19 •,
SERIES OF 1981. Council Member Fitzpatrick seconded the mot ion.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Co un cil Members Higday, Nea l, Fitzpatr i ck,
Keena , Bilo , Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Manager McCown presented a Counci l Communication
concerning Aid To Other Agencies.
COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS
BE ALLOCATED TO DBA FOR $500; COMMUN ITY ARTS SYMPHONY FOR $3,500;
INTER-FAITH TASK FORCE FOR $10,000; LEAGU E OF WOMEN VOTERS FOR
$700 ; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5 ,500; AND
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April 20, 1981
Page 11
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TO HO LD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Counc il M mber
Neal seconded the motion. Upon a c all of the rol l , the vote re-
su lted as follows :
Ayes :
Nays :
Council Members Higday , Neal , F i tzpatrick ,
Kee n a, Bilo, Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
City Manager McCown presented a Coun cil Communication
concerning fee increases for the Recreation Department.
COUNCIL MEMBER BRADSHAW MOVED TO RAT! FY THE FEE IN-
CREASES FOR PARKS AND RECREATION DEPARTMENT. Counci l Member
Fitzpatrick seconded the motion.
Council Member Keen a spoke against the increase on the
basis that it had not been proven to her that the administrative
costs can be adequately handled ; and further it was difficult to
to prove residency. Ms. Ke ena stated most of the metro area is
used and sha red by citizens of neighboring communiti es free of charge.
Council Me mb er Higday stated he wo uld have liked to
see the non-resident fee increased more than 25%.
Counc i l Member Bilo spoke against the charg e for
the Junior Sports program.
Council Member Bradshaw stated it was di fficult t o
recover co sts for adult activities. She s t ated that n o n-r e-
sidents should not be penalized by a high fee but should
be expected to pay some additiona l charge to use Englewood's
programs. She stated the Juni or Amer i can program was only
~10 per participant with unlimited activities.
Council Member F i tzpa tri ck s tated the 25% for non-
resident was nominal and disagreed that the administration
costs would ea t up the in crease. Mr. Fitzpatrick stated the
instructor of each cl ass should be able to tell after a short
period of time if the participants were resident or non-resi-
dent. Mr. Fitzpatrick stated he did no t wish to penalize the
neighbors of Englewoo d.
Council Member Neal argued that neighbor i ng communities
did pay certain fees . Mr . Neal stated there was a $2.00 head tax
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Apr il 20 , 19 8 1
Page 12
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fo r p e op le who wo rk i n Denver and th e r e was a 50¢ additional fe e
per round of gol f f o r a nyone who i s no t resident of De nver a n d
wanted to play Den ve r gol f courses.
Upon a ca ll of t he roll, the vote on the motion r e su lt ed as follows :
Ayes :
Nays :
Council Members Higday, Nea l, Fitzpa trick,
Bradshaw, Otis.
Couincil Members Keena, Bilo.
The Mayor declared the motion carried.
* * * * * *
City Manager McCo ~n discussed the litera ture he sen t
to Council regarding the Regional Transportation Distri ct. Mr.
McCown stated if Counc i l had any particular proj e cts th ey wan t ed
to add to the enclosed list of improvements to be s ent t o RTD to
let him know this week. He stated RTD pays for var ious improve-
ments to streets, curbs, etc., if in fact it can be prov en that
the improvements relate to helping buses move better th r ough tr a ffic •
In response to Counc il Membe r Higday's que stion, Mr.
McCown stated the request did not include bus stops o r shelters.
* * * * * *
Council scheduled the review of the municipal co ur t
study for April 29, 1981, at 5 :00 p.m.
* * * * * *
COUNCI L MEMBER BRADSHAW MOVED TO RECEIVE TH E 1 980 FI-
NANCIAL REPORT. Counci l Member Fitzpatrick seconded the mo tion.
Upon a call of t he r o ll, the vote resulted as follows :
Ayes :
Nays :
Co uncil Members Higday, Neal, Fit z p a trick •,
Ke e na , Bilo , Bradshaw, Otis.
None.
The Mayor declared the motion carried.
* * * * * *
Mayor Ot i s ann ounced there were no mor e ma s sage parlors in the City of Englewood.
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April 20, 1981
Page l3
Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe.
Council Member Fitzpatrick stated Assistant City
Manager Rich Wanush would investigate to see if the sign meets code.
* * * * * *
Council Member Bradshaw stated last wee k a citizen
called her to thank her for the fine staff at City Hall who
work with the home rehabilitation program. The citizen further
thanked the City for the loan she received for h er home.
* * * * * *
Mayor Otis announced the ground breaking c eremonies for
the new Senior Citizen High Rise would be Saturday a t 11 :00 a.m.
* * * * * *
Council Member Neal asked City Attorn e y DeWitt when
the ordinance regarding the zoning for massage parlors, adult
book stores, etc. was going to be prepared.
City Attorney DeWitt stated he was planning to intro-duce it at the next regular meeting.
* * * * * *
Council Member Higday asked when the second nine hol es of the golf course would open.
1981. City Manager McCown stated plans were still for June 15 1,
* * * * * *
There was no further business to be discussed.
* * * * * *
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING.
8 :45 p.m. Mayor Otis adjourned the meeting without a vote at I •
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PRESFNI':
ABSENI':
arnERS
PRESFNI':
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OF CAREER . IQ.
March 19. 1981
MINt!I'ES
I!.USSIOOERS 5 A
Jo Ellen Turne r, Robert Brundage , Catherine Pokraka,
Janet Kerzic, [k)nald Weber
Non
Mel BeVirt, Elnployee Relations Directo r
Richard Wanush , Assistant City Manager
Edward White, former Coomissioner
Jim Curnes , former Assistant City Manage r
Bill James , former Finance Director
Tony Jeffers, Firefighters Association President
Elnployee Association Manbers : Ken Ballard , Carolyn Tracy ,
LuAnne Mic helson, Terry Gimbe l, Jean ltt>ntgcmery , Jeff Shu! tz
John Wing, Police Benefit Association President
Larry Leydon , Police Sergeant , Dennis Quinn, Police Officer
• • • • • •
Vice Chairperson Jo Ellen Turner called t h e meeting to order . Cbmmissioner
Pokraka rroved , seconded by Cbmmissioner Brundage to approve the February 19, 1981
minutes.
AYES :
NAYS :
Turner , Brundage, Pokraka, Kerzic
None
• • • • • •
O::mnissioner Brundag rroved, seconded b Ca!missioner Pokraka t o consider
Item 6, O::mnissioner's Olo ice out: of o rder on t he Agen da.
AYES :
NAYS :
Turner, Brundag , Pokraka, Kerzic
None.
O:mnissio ner Brundage acknowledged and we lcal'W2d the newly elected Elq:Jloyee' s
representative , Cbmmiss wner Janet Kerzic. Ccmnissioner Brundage rroved, seconded
by Cbnnissione r Pokraka to naninat [k)nald Weber as the fifth member of the
Career Service Board.
AYES : Turn r , Brundag , Pokraka, Kerzic
NAYS: Non
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r Brundage ved, seconded by O:mnission r Pokraka , to
nald W ber as Chainmn of h 01:reer Servi Board.
AYES : Turn r , Brundage , Pokraka, Kerzic
NAYS : n
Challl!Wl Weber thanked t he Catrnissioners for their votes of support
and confl.dence. O!ainnan Weber also we lcolmed Cannissi n r K :rzic
to the Board.
Itan 3 o n the Agenda was the Thployee Association's O:Joic . John Wing ,
Police Benefit Association President , had nothing t o present. Merbers
of the Ehployees Association had no business to present . Tony Jeffers ,
President of the Fire Fighters Association , inquired as to t he tatus
of the ordinances that relate to the proposed O!arter amencments .
Cbainmn Weber stated that it was the Board's intent to meet with th
Associations after the O!arte r Mlencheots have been passed on March 24th
and discuss and review the ordinances at that time . The re was no
further business fran the Associations .
Itan 4 on the Age nda was the City Manager 's Choice. Richard Wan ush ,
Assistant City Manager had nothing to present.
Itan 5 o n the kenda was the Ehpl oyee Relatio ns Directo r 's 0 10ice .
Mel BeVirt, D11Jloy Relations Director, had nothing to pr esen t.
*******
!tan 6 on the Agenda was th Cannissi oners ' Choice . Cha i nnan Weber
stated t h at the first item of consid eration was the d etermination of
the D.O.E ./Captain Examination Eligibility Requirements for the Fire
Department. The following determination was noved by Catrnissio ner
Brundage and seconded by Cannissioner White :
1HE DRI VER/OPERATOR/EmiNEER P RCMJI'IOOAL EXAMINATI OO ELIGIBILI1Y
R!QJ:IRD.fENfS IIDlAIN AT 'I\'PJ '(2) YEA."'D OF SERVICE WITII ~ :m:JLE\\a:D FIRE
DEPAJID!EriT DUJ' AI.1..I.Jii :Fat OOE (1) YEA..'1 SUBm'l'IUI'ION OF PRIOR EXPERIENCE WITif
AOOlliER PAID FIRE DEPARThffim' OR MILITARY SERVICE WI'lliiN 1HE
PAST FIVE ( 5) YEARS AT 'lliE RATE OF OOE-HALF (!) YEAR OF ELIGIBILI1Y
CREDIT FDR EAOI YEAR OF OOfS IDE SERVICE .
AY Turne r , Brundage , Pokraka , Ke :rzic , We ber
NAYS : None .
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The following d termination was rroved by O:mnissioner fukraka, seconded
by Cbmmissione r Kerzic:
TI:IE CAPI'AIN PfOIJI'IOOAL EXAMINATICN ELIGffiiLITY REQUIREXENIS REMAIN
AT FOOR ( 4) YEARS OF SERVICE WI'ni 1HE E2G.EMXD FIRE DEPARl)(ENI' Bur
Al1JJf RJl 'IHREE (3) YEARS SUBSI'ITIJI'ICN OF PRICR EXPmiENCE WI'lli Al'UIHER PAID
FIRE f.EPA!ID.IENr 00 UILITA.'tY SERVICE, smviCE BEm:;lWI'lliiH 'll-IE LAST TEN (10) YEARS,
00 CDLLEXiE CRFDIT ; OOlll PREVIOOS smviCE 00 COI1.HiE CRFDIT TO BE
AlLCMED AT 'lliE RATE OF CNE-HALF ( i) YEAR OF ELIGIBILITY CRFDI T Frn
EAOI YEAR OF OOI'SIDE SERVICE .
AYES : Turner , Brundage, fukraka , Kerzic, Weber
NAYS : None
• • • • • • •
Cbai.nnan Weber stated that the next itan for consideration under Ccmnissioners'
COOice was the Detennination of Grievability of the Leydon Case. Ola.innan
Weber explained tbat this rratter bad been heard once before by the Board at
which time the Board directed the City and Sgt. Leydon to meet and try to
resolve the matter. He further stated tbat Sgt . Leydon had requested the
Board's reconsideration of the rratter as it had not been resolved to his
satisfaction. Ccmnissioner Weber stated tbat C<mnissioner fukraka had
been a witness in the previous hearing and would therefore abstain fran
participation in the decis ion other than as an advisor on insurance matters
to the Board. Cllainnan Weber asked Sgt. Leydon to state what issues were
not satisfactory in the settlanent atterrpt. Sgt . Leydon stated tbat he
was not satisfied with t he Insurance Dispute Procedure which the City bad
developed. Specific ally, he did not agree with the decision of the Colorado
Foundation of Medical Care being final and the Career Service Board not
being part of tbat procedure .
Cbainnan We ber stated that in order for t he Board to de termine the grievability
of Sgt . Leydon 's case, they =t determine if the statenen t in the current
contract "For description of cover age provided , see City Health Insurance Plan"
was intended to include the H al th Insurance Plan by reference and if t he
Plan was a subject of negot1ations. To do this, Cbainnan Weber explained tbat
they bad subpoenaed th n ~"'<>tiato rs o f that contract to receive their test:irrony
regarding their intent o f that stat enent. Fo:noor City Finance Director, William
James , former Assistant City Manager Jim Curnes, and fulice Sgt. George ~i
each prese nted testirrony regarding their intent of the above mentioned statement
in the 1980-1981 Contract.
After f urther d iscusswn and revi eN of the testirrony presented, O::mnissioner
Brundage rroved, seconded by O:mnissi oner Turner, t hat the City's Insurance
Plan was included in the Contract by reference and therefore the itan is
greivable .
AYES :
NAYS :
ABSTAIN :
Turner , Brundage, Kerzic , Weber
None
F\::>kraka
(I Chainnan Weber stated that Sgt . Leydon 's greivance \\OUld be s e t f or h earing
at the next regular meeting of April 23 , 1981 .
• • • * * * •
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Olai.nmn Weber stated that the next item for the Board's consideration under
O:mnissioners' Oloice was th presentation of the Recreation Supervisors
concerns relating to their job descriptions/Benct:rm.rk system . LuAnne Mickleson
stated that both she and Carolyn Tracy had sul:rnitted their o riginal classification
appeals in 1979. Their questions to the !bard ~ (1) where does the original
appeal to the Boa.rd stand ; and (2 ) in light of the proposed O:xie and Olarter
changes of March 24 , v.ould passage negate the o riginal appeal?
Mel BeVirt , Fnployee Relations Director explained to the !bard that it was
detennined that the SAM category , under \\hic h these positions fell, v.ould
not best accc:mJdate their ranking and further action was postponed until
other alternatives were considered . Mr . BeVirt further explained that
the recreation supervisors and the Ehployee Relations Department staff had been
v.orldng on re-evaluation and reconsideration of their job descriptions .
After further discussion, Clul.irnlul Weber requested the Boa.rd receive a reconstruction
of the past history of this appeal prior to the next regular meeting of April 23,
at \\hich time the !bard will consider the renewed appeal.
• • • • •••
Item 8 on the Agenda was the Declaration of Vacancies. O::mnissioner Turner
liDved , seconded by O::mnissioner Brundage to approve the Declaration of Vacancies.
AYF:s : Turner , Brundage, Pokraka, Kerzic, Weber
NAYS: None.
• • • • • • •
Item 9 on the Agenda was the Approval of Eligibility Lists. Commissioner Pokraka
l!Dved, seconded by Oammissioner Kerzic to approve the Eligibility Lists.
AYF:s : Turner , Brundage, Pokraka., Kerzic , Weber
NAYS : None.
• • • • • • •
Item 10 on the Agenda was the Aeceptance of Payroll Actions. Ccmnissioner Brundage
l!Dved , seconded by O::mnissioner Kerzic to accept the Payroll Actions.
AYF:s : Turner , Brundage, Pokraka , Kerzic, Weber
NAYS : None.•
• • • • • • •
The f inal item on the Agenda was the reception for Ed White , fonner O::mnissio ne r
whose tenn with the Career Service Board expired March 15, 1981. Clul.inllln Weber
presented Ed White with an inscribed plaque expressing the !bard 's appreciation
for his dedication and service frcrn Q::tober 1975 to March , 1981. Ed thanked every-
one for their support and stated he v.ould miss serving as a O::mnissioner. • • • • • • •
Olainllln Weber adjourned t he March 19, 1981 regular meeting of the Ol.reer Service
!bard at 9 :00 p .m.
CJ)~ 10 cJ .J-
Ibnald M. Weber , Clul.innan
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EI'G.Don>D Jn.NIU,.,N IEVELOPMENI' Atmi)JUTY
3535 S Sherman-Engl ewoo d, CO 80110
lole <hesday, April 22 , 1981
Board MenDers Present : Artzberger, Bush , Colem!l'l , Gassen, Holthaus, '!<auf-
llBl • Neal , Robohm
Board Mellbers Absent : Glenn, Hausolf , Maxwell
Staff Present : Van Vorst
Staff Absent : Siup&al
Guests & Visitors : Rachel (Mens . Kathye Thanas
Board <llairman Holthaus called the Special UEeting to order at 12 :04R1 .
<llainnan Holthaus inforued the Board of Jecnette Bush's swearing in after
the April 8. 1981 UEeting and welcooed her as a Board MaiDer .
Chairman Holthaus :informed the Board of the letter fran Mayor Otis stating
the City would maintain the parking :tot at 3450 S . Lincoln .
Upon !!Dtion by Robohm , the minutes of tpe April 8th UEeting were approved
as distributer!, second by Gasson. ~tion carried.
Bills for payment in the aromt of $1,243 .79 were approved upon notion by
Kaufman, second by Robobn. Motion carried .
Board Mellber Gassen reported 011 be Executive Director Search with Real-m!
and Assoc . They feel they will have all qualified re11ures by Friday.
April 24, 1981 and can select sewral candidates for pre-screening by
May 15th. It is feasible for the new director to be on board by July.
Board Member Gas son also reported the option for the Public Service Co .
building extension had been approved for May 5th . Board Chairman Holthaus
reported Mr . Avila, El Rcncherito, is owrking on an SBA loan to purchase
the building. Mr . '!alee with SBA was contacted by Gasson and at this time
it may be rore beneficial for Hr . Avila to persue a direct loan with a
bank rather than going through a Local Developaett Corp. The only possible
dra\oback 'WOUld be the loan term through a bank 'WOUld be 20 years, as
opposed to 25 years with SBA-LOC . Chairman Holthaus will contact Hr .
Avila imnediately afte;r the neeting.
Chairman Holthaus reported the Board had received a real tor proposal fran
Rachel Owens, Fn-press P.ealty, and the Executive Ccmni.ttee would review this
and decide after talking to Mr. Avila .
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Page 2
Board of Directors
April 22, 1981
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The Loan Proposal fran Cchtinental , RepU:>lic and 1st of Ehgle.IOOd was
discussed md qxn tiDtion. by Artzberger, second by Bush , the Board will
obtain legal advice on accepting Plan A (15'7. per annl.lll, payable nunthly
with a cne year maturity). ~tion carried . 7 ayes , no nays Gasson
abstained .
Board Menber Gassen e xcused himself a t 12 :30 W..
The Ccmni.ttee to find office space, chaired by Coleman , reported they had
negotiated for the same rental rate on the existing office space for a
one year extension . Upon tiDtion by l<au.frl&l, second by Bush , the EDDr\
will remain in the same location for one year and execute the lease
extension. ~tion carried. n-.e Ccmni.ttee was instructed to look for new
quarters during the year .
Olai.rman Holthaus discussed the discrepancy between Section 2. 800 of the
Rules and the minutes of the July 9, 1980 meeting . Section 2. 800 reads :
2.800 Chairman : At the first regularly-scheduled meeting of the Board, a
Ciiirlnnan shall be elected to preside at meetings of the Board with t.l-te full
power to vote on any issue except as otherwise provided herein md shall serve
mtil the next regular meeting after Jme 30, 1980 . Thereafter, the Chainmn and
all officers shall be elected at the July regular meeting of such odd-nurbered
year for a tenn of two years. -
Upon tiDtion by Kaufma1, second by Robotm the Rules are amended as follows :
2. 800 Chairman: At the first regularly-scheduled meeting of the Board, a
Olainmn shall be elected to presic:le at meetings of the Board with the full
power to vote on my issue except as otherwise provided herein md shall serve
mtil the next regular meeting after Jl.lle 30, 1980. Thereafter, the Chairman md
all officers shall be elected at the July regular meet:5.n<:' of such even-nurbered
year for a tenn of two years. "' --
llition carried.
The July 9th Minutes read as follows : "After the introduction of guests and
visitors, Chairman Kaufman called for naninations for the office of Board
Chainnan. Board rnanber Gassen naninated Barbara Holthaus, second by Artz-
berger. Board member Roborm troVed to close naninations, second by Maxwell
and to ask the Secretary to cast a mminDus ballot for Holthaus . ~tion
carried .
Newly elected Board Chairman Holthaus assumed her duties and presided over
the balance of the rreeting. This is a one year tenn of office to fulfill
the balance of a regular ~ year tenn. The Board thanked Fred Kaufman
for his year of service as ChairtllCI1 with W>rds of appreciation !Kld a hearty
romd of applause."
l.Tpon ~rotion by Kaufman, seccnd by Pobohm the July 9, 1980 Minutes will be
emended to read " ... two year tenn ... " M:>ticn carried .
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Board of Directors
April 22, 1981
, .
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Board <llai.nnan Ho l thaus advised the Board that there would be tw:> VBCa'lcies
effective Jtr1e 30, 1981. Board Secretary Coll!lllll'l expressed interest in
serving a'lOther tenn. Board t-Srber Glern was a Cllatber of Caml!rce repre-
sentative ~d is no lmger within the District. Board Chai.m&l lblthaus
asked Board MeaDer Neal if the City Cotrlcil would like a list of potential ~didates and Board !-BIDer Neal suggested printing the informatim in the
Sentinel. Board HeaDer Bush recmmended also advertising the vac~cy in
the dba Newsletter. The positim is open to either a property owner or
businesSIIBl within the D.D .A. District .
Board O.iJ:'II&l Holthaus appointed a cxmnittee to search for potentW
Board tlll!llbers. Chaired by Jbbohn with Board ~rs Maxwell ~d Artz-
berger serving . The Cmmi.ttee wil ccnsider notifying the Chanber ~d
the Ccmnittee will report at the May 13 , 1981 Board Meeting . The in-
fol1lllltial piece in the Sentinel ~d the ella Newsletter will infonn in-
terested parties to an tact Lecnard Jbbohm at the In\ offices.
Board MaiDer ~1 expressed ca1cem over the lack of attendance by Board
Mmber Mausolf. ll>m DDtim by Neal, secmd by Artzberger, a letter will
be sent to Board Mmber Mausolf stating ccncem and requesting a written
response by May ll, 1981. Motial carried.
Rachel <Mens offered to tour the new director arotnd Englewood atd housing
DBrket. Mrs. <Mens also invited the Board to attend the Ribbon Cutting
Cerem:ny at the Broadiolay Properties/ elba offices en May 19, 1981 at 10: 00 AM.
Board Mer!Der Neal then asked for discussicn m the Brady/City/Ern6. project
regarding the proposal to DDVe/chatge City Hall. Discussicn ensued.
The meeting was adjourned at 1 :21 "!.
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TO :
FROM:
DATE:
SUBJE CT:
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And y Mc Co wn, Ci ty Manager
Gerald A. Beeson, Fire Ch ief
April 2 4, 1981
Out -of-State Trip s
5 c .
CITY ~w:.~;:l :: :. 1l:T!':~
ENGLEWOOD
Attach e d are two re port s co nc erning r ece n t out -o~-s ta te trips
that personnel from this department have attended.
I would like to express my appreciation to you and the ci t y
council for the opportunity of attending these most importa n t
educational co nferen c es and schools . As a result o f this c on -
tinued exposure, o u r expertise and proficiency increases, there -
by providing us the necessary tools to ensure that the services
we provide the citizens of Englewood are optimum.
Respectfully s ubmi t ted,
c_' '~~/:Jy~r-
• Gerald A. B6'eson
Fire Chief
enc. {2)
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TO: Andy McCown, City Manager
FROM: S, P. Trunck, Training Coordinator, Fire Department
DATE: Apr i l 7, 1981
SUBJECT: Instructors' Conference
I recently attended the SJrd Fire Department Instructors• Con-
ference, held in Memphis, Tennessee, March 15-19, 1981.
Prior to the opening of the conference, a seminar was presented
on firefighting in steel and concrete buildings. This was an
excellent and practical approach to assessing hazards in fight-
ing fires in this type of construction.
The conference was opened on Sunday evening with registration
and a brief overview of the entire conference, its purpose
and format. Beginning Monday, a main program was presented
every morning, focusing on such topics as hazardous materials,
arson, motivation and the developmental needs of officers. In
addition, lessons from recent fires (especially the MGM fire
in Las Vegas), regarding life safety and its responsibility,
were of interest. Each afternoon professional seminars were
offered on specific topics. Some seminars used direct contact
to help develop, maintain or upgrade one's technical knowledge.
Others were delivered in the "train the trainer" mode, where
assistance was provided in expanding one's teaching ability.
Unlike the main program, most of the popular topics were re-
peated on a second day so that one could have total coverage
of a c ertai n topic .
I n addition to the many sem ina rs, an exhibition hall was open
with 128 booth s , 21 pieces of fire apparatus, miscellaneous
other firefighting equipment, all represented by 103 exhibitors.
These exhibits provided conference attendants with an update
on new equipment and products being used in the fire service .
I brought back some information that I believe will be of value
to this department.
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Andy McCown
Page 2 Instructors' Conference
Wednesday afternoon, March 18, a •run-for-fun• was held --
a race of 3 miles, with over 200 participants. The winnin g
time was 15.44 ainutes for the 3 miles. Although I did not win,
I placed second in my age bracket and received a trophy. Be tter
times were posted, however, I did receive a trophy and owe it,
in part, to our physical fitness prograa, an excellent program
which should be supported and continued.
The conference offered over eighteen speakers, 40-plus pro-
fessional seminars, and participants from all across the nation.
By attending, I had the opportunity to mix , aingle, partici-
pate and, moat of all, enrich my professional development. I
thank you and City Council for allowing me the opportunity to
participate.
Respectfully submitted,
osJ;-~L-P~
Stephen P. Trunck
Training Coordinator
ENGLEWOOD FIRE DEPARTMENT
cc: Gerald A. Beeson
Fire Chief
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TO: Gerald A. Bees on , Fire Chief
FROM: Carl Pollo c k, Acting Captain
DATE: April 10, 1981
SUBJECT: National Fire Aca demy Seminar
I attended the National Fire Academy in Emmittsburg, Maryland,
from March 25th -29th, 1981. The course was Public Fire
Education Specialist, which in the Fire Department has been
vacant for over a year now. This course is intended for th ose
individuals who have or will have the primary responsibility
for design, development and delivery of public fire safety
education programs in the community. This course is offered
in the train-the-trainer mode.
I arrived at the Academy, Tuesday night and class started Wed-
nesday morning at 8:00 a.m. with Communication Skills.
The identification of factors which contribute to effective one-
to-one communication, which as a public educator is a valuable
tool to perform my job better, are:
construct a speech which conveys a message
construct public service announcements
construct news releases
All are communication skills performed and directl y related to
the position of Public Fire Education.
Thursday began with Wednesday nights homework of news releases
which convey a fire safety message. Instruction skills was
the main topic for the day:
e x p lain behavioral objectives
construct behavioral objectives
explain components of an instructional activity
construct an instrutional activity
demonstrate an instructional activity
discuss various public fire safety education programs
These to pics took two days to complete with work o ut of cla ss
each night.
Saturday was the day everyone went to the Ac ademy f o r. Develop-
ing and Implementing a Public Fire Safety Education Program was
the subject for the day. Construct a public fire safety educa-
tion plan using the five step planning process which is a six
step pro ce ss with the first step being:
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-establishing r esponsibilities a d mi n i s trativ e and st aff
-identification is naming th e p r oblem, hazard, loc a t io n,
time , v ictims a nd be havio r
-s ele c t ion b eing the s te p tha t a dd re ss es how au c h i t
is go i ng to co st and c h oos in g the mos t coat ef fect i ve
ob j ectives for your program
-design is the working part, design and develop e ffe c t i v e
educ a t i onal program material
-i mplementation i s defining wh o i s go ing to d o t he wor k
or help you get the job done
-evaluation is the measuring of th e p rogram and modi-
fication if necessary, then going back to the be-
ginning with another problem and the process starts
all over again
Sunday was a day to construct goal statements for one month,
three months and six months. Evaluate the program, the instructor
and make suggestions about improving the course and what you
would like to study in th e second course. When all th e evaluation
forms were complete graduation was the culmination of the week.
I would like to take this time to say thank you for the opportunity
to attend the National Fire Academy. The experience gave me some
tools of the trade so to speak that will enable me to perform
my job better. It is my responsibility to effectively use those
tools in implementing Public Fire Educational Programs in our
community. The perfect education program with cooperation of
mass media, citizen groups, city government would prevent all
fires in our community which while unrealistic, is certainly our
goal. Again, I thank you and the City Council for making it
possible for me to attend the Academy.
Respectfully submitted,
c~~dJ'
Carl Pollock
Acting Captain
CAP/dm
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TO :
FROM:
DATE:
SIEJECT:
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HEMORANIUI
Honorable Mayor Eugene L. Otis and
Members of City Council
Lou is Parkinson, Municipal Judge~
April 29, 1981
MUNICIPAL COURT ACTIVITY REPORT FOR MARCH, 1981
Attached is the Municipal Court Activity Report for the period
of March 1-31, 1981.
The report is being transmitted to keep you fully informed of
Court activity and requires no action by City Council.
/b
Att.
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ltli!ICIPAL COURT
ACTIVITY REPORT
REVENUE SOURCE MARtH
1981
Violations Bureau fines------------------S 4,248.00
Puking Viohtion Fines------------------S 7 ,109.1 3
Court Cut!s------------------------------$10,802 . 50
Court Costs------------------------------S 3,807 .oo
Witness fMs-----------------------------s 160.00
~ury FHs--------------------------------S 25.00
8ond Forft!l tures-------------------------S -0-
Orht!r l""'ro-nt School Fee s-----------S 255.00
Appeal SoneS FMs-------------------------S -a-
Arapahoe County (DUI 's )------------------$ 697.50
TOTALS $27 ,104.53
ARRAI Gll'lNTS-----------------------------
Gu11ty plt!U (Incl. nolo plus)-----·-
llot Gu11 ty pleas----------------------
Cont'd., Fa1lt!d to Appear, Ois ... ------
TRAFFIC VIOLATIONS BUREAU----------------
Gull ty plt!as--------------------------
llot Gu i 1 ty pleas----------------------
TRIALS SCHEDUlED FOR MONTH---------------
Trials to the Court (held)------------
Jury tria 1 s (held)--------------------
Juries cancelled----------------------
Jur1t!s cont i nUt!d----------------------
Juries di sml ssed----------------------
Pre-trlal Conferences (Jury Trials)------
Opt1onel Pre-trial Conferences-----------
Specie 1 Hearl ngs-------------------------
Cisu closed by d1 spos 1 t1on ( P .B.)-------
Cist!s closed by Def. Pros./Sentence------
Or1 ver School attendance-----------------
320
150
88
82
251
184
67
258 (24)
237 (23)
21 ( 1)
20
1
0
20
236
74
131
5
30
warrants and Executions issued-----------54
CISt!S pending (not incl. parking)--------1,425
NO. Of CASES FILED BY CATAGORY:
Hoving traffic violat i ons ----------------
Park I n9 violations-----------------------
Shop 1 i fti n9 violet i ons-------------------
Other ordinance violations---------------
448
1,161
35
53
Animal ordinance viola tions--------------18
Complaints (citizen, sales tax, bldg .)·--___ 1
TOT ALS 1,716
Rt!spectfully submitted,
?!a*9.Cl~~pal Court
cc: Judge Lou1 s Parkinson
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*RtR
1980
7,171.50
5 ,009.00
9 ,346.00
3,025.00
155.00
25.00
100.00
345.00
-0-
210.25
25,386.75
285
132
91
62
400
306
94
174 (6)
158 (5)
16 (1)
11
4
0
17
191
20
147
3
30
63
1,787
621
1,486
20
19
32
2,190
Honorable Mayor Eugene L. Otis and Members of City Council
Andy McCown, City Manager
Rick DeWitt, City Attorney
Robert Holmes, Chief of Police
Ga ry Hi9bt!e, Direc tor of Finance
Carolyne Boettge r , Court Administrator
TOTALs
FOR YEAR
15,205 .40
21,918.69
33,423.50
11 ,182 .00
280.00
100.00
400.00
870.00
-0-
2,747.50
86,127.09
1,065
485
320
260
911
679
232
723 (55)
656 (52)
67 ( 3)
61
4
0
66
621
181
389
14
76
218
1,407
3,403
88
146
73
__ 2
5,119
ltlTALs
LAST YEM
17 ,431.00
15,148.00
27 ,669.00
9,175.00
325 .00
50.00
200.00
945.00
1.50
662.75
71,607.25
915
394
310
211
1,159
878
281
579 (23)
5~ ~z~l
43
4
0
55
575
75
474
10
67
171
1,778
4,709
57
79
98
~
6,740
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE
April 14, 1981
AGENDA ITEM
klli
SUBJECT Supplement 14 Valley
Sanitation Diatrict
INITIATED BY Valley Sanitation Diatrict
ACTION PROPOSEDApprove annexation of additional land into Valley
Sanitation service area.
INTRODUCTION:
A request was made by the Valley Sanitation District representing
the owner for annexation to Valley Sanitation service area.
BACKGROUND INFORMATION:
The owner, Walt Flanagan Company, needs to connect two restrooms
to the sanitary sewer. The septic system which has been in use
has become inoperative. The property is located wes' of the
South Platte River on Oxford Avenue in Sheridan •
FINANCIAL DETAILS:
None
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RECOMMENDATIONS:
That tbe Diatrict be allowed to annex tbe land deacribed in Suppleaent
14 to Valley Sanitation Diatrict. The Diatrict baa adequate tapa in
their allocation to aerve tbia property. No additional tapa vill be
added to their allocation becauae of additional incluaiona.
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM
April 14, 1981 I e $ II
INITIATED BY The CHy of Englewood
SUBJECT 27" Sewer Pipe line license
with Atchinson, Topeka & Santa Fe &
ACTION PROPOSED To approve License Agreements with the Atchinson. Tooeka
and Santa Fe Railrgad apd the Qenyer and Rio-Grande Railroad
INTRODUCTION:
A request was made by the City of Englewood for permission to cross railroad
right of way with a 27" sanitary sewer line.
BACKGROUND INFORMATION:
A study was made by Black & Veatch Engineers to determine improvements needed for
the City's sanitary sewer system. The study .recommended that a new interceptor
line be constructed that would: (1) relieve existing sewers which are presently
overloaded and, (2) provide for the additional growth anticipated in the area.
Construction has recently commenced on the first high-rise building to be built
on land near University and ·Hampden. This necessitates construction of the sewer
to prevent further overloading of existing sewers in the area. The sewer line
must pass under the railroad tracks in order to reach the wastewater treatment
plant.
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RECOMMENDA TI ON S:
That Council approve the pipe line croaaing agreement• with the
Atchinaon, Topeka and Santa Fe and the Denver and Rio-Grande
Railroad.
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WATER AND SEWER BOARD
April 14, 1981
Regular Meeting
The meeting was called to order at 5:06 p.m. by Chairman Gibson.
Members present: Gibson, Best, Feamster, Fitzpatrick, Fullerton, Giseburt,
Otis, Higday, Schnackenberg
Members absent: None
Also present: Stewart H. Fonda, Director of Utilities
SUPPLEMENT 14 VALLEY SANITATION DISTRICT
Walt Flanagan of Walt Flanagan Company is requesting permission to
connect two of his restrooms to the sanitary sewer. The septic-
system used prev io usly has become inoperative . The property is
located east of Santa Fe on Oxfo rd Avenue .
Mr. Fonda informed the Board this was an emergency situation and recommended
the Board approve Supplement 14.
Mr . Best moved;
Mr. Fullerton seconded; To reco~end to Council approval
of Supplement 14 Valley San i tation
District.
Ayes: Gibson, Best, Feamster , Fitzpatrick, Fullerton, Giseburt, Higday, Otis,
Schnackenberg
Nays: None
Absent: None
Motion carried.
II SWEDISH MEDICAL CENTER REQUEST FOR LICENSE AND RIGHT OF WAY AGREEMENT
TO PIPE CITY DITC H ON SWEDISH PROPERTY AND PERMITTING CONSTRUCTION OF
A PARKING GARAGE ON THE CITY'S EASEMENT .
The documents provide a signed agreement releasing the City of liabilities if
dama ge s should occur due to the presence of the piped ditch and further provide
that Swedish will use its best efforts to obtain additional Right of Way from
adjacent property owners to trade for the Right of Way.
Mr. Fonda recommended the Board approve Swedish's request for the License and
Right of Way .
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Mr. Best Moved;
Mr. Otis Seconded; That Swedish Hospital's request for
a License and Right of Wa y be granted.
Ayes: Gibson , Best, Feamster , Fitzpa trick , Fullerton , Giseburt , Hig day, Otis, Schnackenbe rg
Nays: None
Absent: None
Motion carri ed.
III PIPE LINE LICENSE WITH ATCHI NSON, TOPEKA AND SANTA FE R.R. AND THE DENVER
AND RIO GRANDE R.R. TO CROSS RAILROAD RIGHT OF WAY WITH 27 " SEWER LINE
This would grant the City Lic ense s to cross the railroad Right of Way with it's proposed sewer trunkline.
Mr. Fonda recommended the Board approve the License Agreements.
Mr. Giseburt moved;
Mr. Fullerton seconded; To recommend to Council approval of
the License Agreements with the
Atchinson, Topeka and Santa Fe R.R .
and the Denver and Rio-Grande Railroad.
Ayes: Gibson, Best, Feamster, Fitzpatrick, Fullerton, Giseburt, Higday, Otis, Schnackenberg
Nays: None
Absent: None
Motion carried .
IV PERMIT FOR FENCES ON CITY DITCH IN BATES LOGAN PARK
Mr. Fonda recommended the Board approve dropping the $125.00 fee for Licenses to
construct fences on the City Ditch. A letter signed by applicant with Section
15-2-4 of the Englewood Municipal Code would become the License. The applicant
would be required to provide access through a 15 foot gate for a backhoe and insure
that no obstructions in the Flow Channel would occu r .
Mr. Higday moved;
Mr. Fullerton seconded; To drop $125.00 License Fee for fences
on City Ditch in the City of Englewood
and to institute the above mentioned
License requirements .
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Ayes: Gibson, Best , Feam ster , Fi t zpatrick, Fu llerton, Gisebur t , Hig day , Ot is, Schn acke nbe rg
Na ys: None
Absent : No ne
Mot i on carri ed .
V CONSULTING ENGINEERS FOR A STUDY OF McLELLAN RESERVOIR
Mr. Fonda recommended the Board recommend to Council that Staff be directed to
negotiate a contract with the firm of Black & Veatch, Consulting Engineers to
study the problem of the effect of Urbanization on Mclellan Reservoir.
Mr. Fullerton moved;
Mr. Best seconded; To recommend to Council that Staff
negotiate a contract with Black &
Veatch, Consulting Engineers for a
study of the effects of Urbanization
on Mclellan Reservoir.
Ayes : Gibson, Best. Feamster, Fitzpatrick, Fullerton, Giseburt, Higday, Otis, Schnackenberg
Nays: None
Absent: None
Motion carried.
Meeting adjourned at 6:40 p.m.
Respectfully submitted,
tl~v~
Vicky Younkin
for Kay Roberts, Recording Secretary
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C 0 U N C I l C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT •
INITIATED BY Paru yd Bcsrut tpp Pepanpept
ACTION PROPOSED Approve haodna of banner announcing Super Saturday.
•
INTRODUCTION: Super Saturday will be sponsored by the Parks and Recreation Department
this year on June 20th in recognition of June as National Parks and Recreation Month.
As last year, the Department would like to have a banner hung over South Broadway from
June 15th to June 22nd to announce the Super Saturday activities.
The Traffic Division has agreed to hang the banner if it is approved and the Recreation
Division has the canvas on hand and will paint the message. The Public Service Company
has no objection to the banner being suspended from the poles at the location just north
of the Broadway/U.S. 285 interchange.
CONCLUSION AND RECOMMENDATION: The Englewood Recreation Program has been one of the
City's greatest assets for the last 30 years. The Super Saturday activities involve
many of the Englewood youth and the banner will publicize the event.
It is recommended that the City Council approve the installation.
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MEMORANDUM
.,
TO : Dorothy~. Aut. Director of Qwwntcy lli!Yelopant
FIDt: E. P . ~. Director of Parka md RBcraatian
Dt\m: April 23, 1981
Sl&1ECl': Peml.aai.on to Place Bamer A.croaa Broadway A"WD.Ie
The Pub md Recrutim Department requesta pemd.asi.on to display a blnler ~ ·~ Saturday". It "WOUld be placed 11Cl'08a So. Broadway, aouth of
old lflapdm .W.... lbi.s is part of a progt• to c:elebrate the nationwide
recqpitim of .hme aa National. Parks md Recraation IIDlth.
Attached 1a a list of ewnta for "Super Saturday'' -highlighted by a softball
pae at 2:30p.m. in 11ihich the City Comcil. will be asked to play the ~lewood
Licma Club.
The blnler 1lihi.ch will be hmd-lettered by recreaticn perSCDlel will read:
,v:~ "SlPF.R s.t.lURD\Y'' -.hme 20
~ ~ ''Life" -BE IN ITI '\J (jP Pants & Recreation Dept.
f(fdZ~.
E. P. a:-w, Director
Plttks and Recreation Department
EPT:vg
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ORD INAN CE NO . ...if?
SERIES OF 1981
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BY AUT HOR ITY
COUN CI L BILL NO. 4 1
INTRODUCED BY CO"UN~C ~I~L-
MEMBER __ N_EAL __________ __
AN ORDINANCE REPEALING AND REENACTING SECTIONS l THROUGH 16 OF
CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS
AMENDED.
WHEREAS, the City Council of the City of Englewood has
revi ewed the Colorado Massage Parlor Code; and
WHEREAS, the City Council of the City of Englewood determines
that the licensing and regulation of massage parlors within its
j urisdiction are matters of local and municipa~ concern in addit i on
t o being a matter of statewide conce rn; and
WHEREAS, the City Council o f t he City of Englewood finds
that t h e Colorado Massage Parlor Co de does not provide sufficient
regulation for the health, safety and welfare of the public; and
WHEREAS, the current Health Therapy Establishment Ordinance
i s in need of revision to adequately protect the health, safety
and welfare of the public; and
WHEREAS, the herein proposed nassage Parlor Code is intended
to replace a n d supersede the Health Therapy Establishment Ord i na.nce .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Se c t ion 1. That Sections 1 throug h and including 16 of Chapter 7,
Title IX, of the offici al Code of Englewood, (EMC '69, as amended)
are hereby amended, adding new Sections 17 through 1 9 , to read as
fo llo ws :
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ARTICLE I. MASSAGE PARLOR CODE.
9-7-l: I MPLEMENTATION OF STATE MASSAGE PARL 0R COD E.
(a ) The City Council hereby declares that the licensing and
regulation of massage parlors within its jurisdiction are
matters of local and municipal concern in addition to being
matters of statewide concern as declared by the Colorado
General Assembly. It is the intention of the City Council
to adopt supplementary standards for massage parlors within
its jurisdiction to those provided by the Colu rado
General Assembly. The City Council hereby determines that
enactment of this massage parlor ordinance is necessary to
protect the health, safety, and welfare of the people of
the City·.
(b) The City of Englewood hereby adopts the Colorado Massage
Parlor Code. In order to fully implement the Colorado
Massage Parlor Code within the City of Englewood, the City
establishes additional standards for the licensing of
massage parlors and employees thereof.
9-7-2: DEFINITIONS
As used in this Article, the following words and terms shall
have the following meanings:
(a) License means a grant to a licensee to operate a massage
parlor.
(b) Licensed premises means the premises specified in an approved
application for a license under this Article which is owned
or in the possession of the licensee and within which such
licensee is authorized to carry on the practice of massage
or receive requests for the supplying of massage services.
(c) Local licensing authority is designated to be the City
Council of the city of Englewood or such designee as they
shall determine by resolution.
(d) Massage. Any method of pressure on or friction against or
stroking, kneading, rubbing, tapping, pounding, vibrating
or stimulating of the external soft parts of the body with
the hands or other parts of the human body or with the aid
of any mechanical or electrical apparatus or appliance,
with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions,
ointments or other similar preparations used in this practice.
(e) Massage earlor. Any establishment where any person, firm,
associat~on or corporation engages in, carries on, or permits
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to be engaged in or carried on any of the activities mentioned
in Subsection 9-7-2(d) of t his Section. Massage establish -
ment s shall not include:
(1) Physicians, surgeon s , doctors, medical clinics
or persons licensed by the laws of the state
to practice medicine, surgery, osteopathy,
chiropractic, and chiropody, their offices and
clinics, and all persons working in their
offices and clinics under their supervision
and direction.
(2) Hospitals and all persons employed by institu-
tions and establishments licensed by the state
as hospitals while performing their usua l
duties within the hospital or institution so
licensed;
(3) Registered or licensed nurses performing
services in their usual nursing duties;
(4) Beauticians and barbers duly licensed under
the laws of the state, insofar as their usual
and ordinary vocation and profession, as
defined by the laws of the state, are concerned;
(5) Massage practiced or instructed in the athletic
department of any state accredited school,
college, university or seminary;
(6) Trainers of any amateur, semiprofessional or
professional athlete or athletic team, when
treating athletes ·;
(7) Any bona fide athletic club which is not
engaged in the practice of rendering massages
to members of the general public fo r remunera-
tion . For the purposes of this Article, if
an athletic club does not receive more than
ten percent of its gross income from the
practice of rendering massages to its members,
such shall be pr ima facie evidence that the
club is a bona fide athletic club.
(f ) Premises means a distinct and definite location which may
include a building, a part of a building, a room, or any
other definite area contiguous thereto.
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9 -7-3:
{a )
(b)
9-7-4:
{a)
{b )
9-7-5:
(a )
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MASSAGE PARLOR LICENSE REQUIRED
No massage parlor shall do business without having first
obtained a license under this Article and complying with
all applicable laws and ordinances.
An applicant for a massage parlor license shall submit an
application upon the forms provided by the Licensing Autho rity
in compliance with 9-7-5.
MASSAGE PARLOR EMPLOYEE PERMcrT REQ UIRED
~y person, including a licensee who engages in the p rov~d
~ng of massage services to the public, shall file an
application for a massage parlor employee permit with the
licensing officer of the City upon the forms provided by
the Licensing Authority.
The application for a massage parlor employee permit shall
contain substantially the same information as the applica -
tion for massage parlor license, except for the names and
addresses of the owners of the real estate and any lease s
or contracts concerning the real estate.
MASSAGE PARLOR LICENSE APPLICATION
An applicant for a massage parlor license, including a ny
partner or limited partner of the partnership applicant,
and any officer or director of the corporate applicant ,
or any stockholder holding more than ten (10) percent of
the stock of a corporate applicant, or any other person wh o
is interested directly in the ownership or operation of the
business or who provides a massage, shall furnish the fo l l ow-
i~g information under oath:
{1) Name and address, including all aliases.
(2) Written proof satisfactory to the Licensing Authority
that the individual is at least twenty-one (21) years
of age •
(3) Name and address of spouse, if any, and such further
information about said spouse as may be required by
the Licensing Authority.
(4) All residential addresses for the past three (3) years.
{5) The business, occupation or employment of the applicant
for three {3) years immediately preceding the date of
the application.
(6) The applicant's height, weight, color of eyes and hair.
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(7) The ma sage parlor or similar bus J.ness license history
of the applicant; whether such person, in previously
operating in this or any other city or state under
license, has had such license revoked or suspended, the
reason therefor, and the business activity or occupa-
tion subject to such action of suspension or revocation.
(8) All criminal or city ordinance violation convictions,
forfeiture of bond and pleadings of nolo contendere
on all charges, except minor traffic violations.
(9) Fingerprints and photograph of the applicant.
(10) The exact nature of the massage parlor ·to be conducted
and the proposed place of business and facilities
thereto.
(11) The names and addresses of all persons holding any
beneficial interest in the real estate upon which such
massage parlor is to be operated, including but not
limited to, contract purchasers or sellers, bene-
ficiaries of land trust or lessees subletting to
applicant.
(1 2 ) If the premises are leased or being purchased under
contract, a copy of such lease or contract shall
accompany the application.
(1 3) A statement by the applicant that he or she has read
and is familiar with the provisions of this Article
and is in compliance with them.
(14) Such other and further information as determined
necessary to carry out the provisions of this Article.
9-7-6: REQUIREMENTS FOR LICENSE OR PERMIT
Every applicant for massage parlor license or massage parlor
em ployee permit shall meet the following requirements:
(a) Applicant must have attained the age of twenty-one (21)
years .
(b) Applicant must be of goOd moral character and record.
(c) Applicant must not have been convicted of any felony or
misdemeanor involving moral turpitude (other than minor
traffic violations) within the past five years unless
applicant is in fact a person of good moral character at
the time of the application.
(d) Applicant must not have had a license which regulates
alcoholic liquor or massage establishment revoked or
suspended by a governing authority with the past five years.
(e) Applicant shall have graduated from an accredited school
of massage offering a course of at least one thousand
(1,000) clock hours, plus additional six hundred (600)
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c l~n i cal hours in a massage parlor or similar establish-
ment; or sh all show verified evidence of having served
a n apprenticeship of two (2). years under the direct
supe rvision of a licensed masseur or masseuse in a
massage parlor or similar establishment, such apprent ice-
ship to have included a minimum of five hundred (500)
clock hours didactic training in anatomy, physiology,
ethics and professional relationships, plus two thousand
(2,00 0) clinical hours of practical experience.
(f) The operation, as proposed by the applicant, if permitted ,
complies with all applicable laws.
Every massage parlor license and every massage parlor
employee permit shall terminate at expiration of one (1)
year from date of its issuance unless sooner revoked.
Every massage parlor licensee and every massage parlor
employee permittee shall make application for renewal of
their license or permit, as the case may be, at least forty-
five (45) days before expiration. In any case in which
the licensee or permittee has made a timely and sufficient
application for renewal, the existing license shall not
expire until such application has been acted upon by the
Licensing Authority.
9-7-7: SUSPENSION AND REVOCATION OF MASSAGE PARLOR LICENSE
AND MASSAGE PARLOR EMPLOYEE PERMIT
(a) Any license or permit issued for a massage parlor or
massage parlor employee may be revoked or suspended by the
Licensing Authority upon a finding that the licensee or
permittee has violated any one of the following:
(1) That the massage parlor or a massage parlor employee
has operated in a manner such as to constitute a
nuisance. Authority is given to the Licensing
Authority to determine the question of what activity
constitutes a nuisance in the oepration of a massage
parlor.
(2) An offense consisting of a felony or misdemeanor
involving moral turpitude has been committed by the
massage parlor licensee or massage parlor employee.
(3) That a massage parlor licensee or massage parlor
employee has knowingly furnished false or misleading
information or withheld relevant information on any
application for any license or permit required by
this Article or knowingly caused or suffered another
to furnish or withhold such information on his or her
behalf.
(4) That a massage parlor licensee or massage parlor
employee has, either knowingly or without the exercise
of due care to prevent the same, violated or has per-
mitted the violation of any terms of this Article or
state law concerning massage parlors .
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{b ) A massage parlor licensee shall be responsible for t he
ac ts of employees, a g ents and servants.
{c )
9-7 -8:
(a)
(b)
9-7-9:
Licensing Authority, before revoking or suspending any
license, shall give massage parlor licensee or massage
parlor employee at least seven {7) days' written notice
of the charges against him or her and the opportunity for
a public hearing before the Licensing Authority, at which
time the licensee or permittee may present evidence bear-
ing upon the question.
DISPLAY OF LICENSE AND PERMI T
Every licensee shall display a valid license in a conspicuous
place within the massage parlor establishment so that the
same ma~ be readily seen by persons entering the premises.
All persons required under this Article to obtain a massage
parlor employee permit, pursuant to this Article , must dis-
play .on request,during the hours of operation of said
'business, 'an identification card provided by the City of
Englewood containing the legal name and date of birth of
the employee and address of the employee along with other
information sufficient to identify the employee .
EMPLOYMENT OF EMPLOYEES WITHOUT PERMITS
It shall be the responsibility of the licensee of a massage
parlor or the employer of any persons purporting to engage in
the providing of massage services to the public in connection
with a massage parlor establishment to ensure that each such
person shall first have obtained a valid massage parlor employee
permit pursuant to this Article.
9-7-10.: ILLEGAL ACTIVITIES ON P~SES
No licensee or any officer, associate, member, representative,
agent or employee of such licensee shall engage in any activity
or conduct or permit any other person to engage in any activity
or conduct in or about the licensed premises which is prohibited
by ordinance of the City of Englewood or law of the State of
Colorado or the United States •
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9-7-11: EMPLOYEES OF MASSAGE PARLORS
No person shall be employed by a massage parlor unless such
p erson shall have attained the age of twenty-one (21) years
and shall not have been found guilty in any court of this or any
other state or municipality of any offense involving prostitution,
soliciting, procuring, pandering, pornography, meretricious dis-
play, assignation, unlawful cohabitation, lewd acts, indecent
acts, or any other offense involving moral turpitude within the
five (5) years next prior to such employment.
9-7-12: PARLOR TO SUBMIT NAMES OF EMPLOYEES
Any person operating or managing a massage parlor shall
submit the names of all persons employed or to be employed by
said establishment to the Chief of Police. If it is determined
by the Chief of Police that any of said employees do not meet
the requirements set forth in this Article, then said establish-
ment shall, immediately, upon being notified by the Chief of
Police, terminate the employment of said person or persons. No
mas sage parlor shall. employ any person to administer a massage
unless said person has first obtained a license pursuant to
S9-7-4.
9-7-13:
(a}
(b)
(c)
PROHIBITIONS
No instrument or device designed or used for direct
application to the skin shall be applied directly to
the skin unless sanitized; the part of the body being
treated shall be covered with a clean towel, or else
the instrument shall be covered in a similar manner.
No sponge, stick, alum or other article liable to
convey infection, shall be used to make application
directly to an abrasion of the skin or to any cut or
wound.
No licensed person shall treat any individual afflicted
with any skin eruption or other disease unless such
person shall have furnished a written certificate from
a physi'cian directing such treatment and a statement
to the effect that the eruption or disease is not of a
contagious or transmissible character.
(d) No licensee may operate an X-ray, fluoroscope or similar
equipment, or a radioactive material, for any purpose
unless already licensed by the State of Colorado to
practice such a profession requiring the use of radia-
tion equipment. No massage parlor may contain an
X-ray, fluroscope, or similar equipment unless this
equipment .is operated only by persons properly licensed .
to practice a profession requiring use of such equip-
ment.
(.e) No licensee shall administer oxygen. No licensee shall
engage in any activity which falls within the realm
of medical practice or nursing care.
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9-7-14: DISEASE CONT RO L
No massage parlor operator shall employ or permit any person
to work who is infected with any disease in a commun icable form
or who has open lesions or sores.
9-7 -15: SANITARY REQUIREMENTS
It shall be unlawful for any massage parlor or employee
to fail to meet the following sanitary health standards:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
9-7-16:
All surfaces of floors, walls, ceilings ·and equipment
must be smooth and painted or constructed with surface
material that is easily cleaned.
All tables, lounges, chairs, steam rooms, steam cabinets
or other devices or fixtures which may come in contact
with any patron shall be covered with a fresh, sanitary
disposable liner or cover, or with a cloth sheet or
cover which has not been previously used for a different
patron since laundering.
All towels, robes, bandages, pads or other articles which
come into contact with any part of a patron's body must
be laundered, cleaned and sterilized after each use and
before being used again for a differ~t patron.
All articles listed in Section 9-7-lS(c) above must be
stored prior to use in a sanitary, dustproof bin or
receptacle.
Each treatment room shall be equipped with individual
handwashing lavatories provided with hot and cold
running water.
Each establishment shall provide toilet facilities
where patrons of both sexes are accommodated separately.
Shower facilities: all establishments shall have
separate shower facilfties for patrons of each sex.
All employees and persons rendering any massage shall
wear clean, washable uniforms.
First Aid Kit: ·every establishment shall have an
approved first aid kit available for use.
All used linen shall be stored in an approved container
after use thereof.
FEES
The following fees shall be paid to the City:
(a) Initial application fee for massage parlor license $350
(b) Initial application fee for massage parlor
(c)
(d)
(e)
employee permit
Annual fee for massage parlor license
Annual fee for massage parlor employee permit
All other employees
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$100
$150
$50
$25
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9-7-17: MASSAGE PARLOR BUSINESS
AND OCCUPATION ·LICENSE TAX
(a) The City Council of the City of Englewood hereby fin s
and determines t hat the nature of the business of
operating a massage parlor within the city limits of t he
city is such as to present special problems with rel ation
to health, welfare and safety of the citizens of the
city, thus requiring the classification of such business
as a separate occupation and for the imposition of a
reasonable, pcoper, uniform and nondiscriminatory
occupational license tax so as to provide for a prope r
and just distribution of the tax burden within the city.
(b) There is hereby levied and assessed an occupational
license tax of twenty-five hundred dollars ($2500) upon
a business of operating a massage parlor in the city.
Each location shall be considered a separate business
for the purposes of imposing the occupational license
tax.
(c) Any massage parlor required to be licensed by this
article shall remit the hereinabove amount before the
commencing of business. Such license shall be valid
for a period of one year from the date of payment.
(d) The occupational license tax imposed by this article
shall be paid t9 the Director of Finance.
(e) All massage parlors shall post the tax receipt in a
conspicuous place within such massage parlor.
9-7-18: INSPECTION
The City shall, from time to time and at least twice a year,
make an inspection of each massage parlor granted a license under
the provisions of this Article for the purposes of determining
that the provisions of this Article are complied with. It shall
be unlawful for any licensee to fail to allow such inspection
officer access to the premises or to hinder such officer in any
manner.
9-7-19: SEVE~BILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this ordinance, or any part thereof, or
appl i cation thereof to any person, firm, corporation, public
agency or circumstance, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of competent juris-
diction, such decision shall not affect the validity or effective-
ness of the remaining portions of this ordinance or any part thereof.
It is hereby declared to be the legislative intent of the City
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Council that this ordinance would have been adopted and such
unconstitutional or i nvalid provision , clause, sentence, para-
graph, sec tion, or p art thereof not then been includ ed.
Introduced , read in full a n d pas sed o n fi rs t r eading
on the 20th day of Apr il , 1 981 .
Published as a Bi ll f or an Ordinance on the 22nd day
of April, 1981.
Read by title and passed on final r eading on t he 4th
day of May, 1981.
Published by title as Ordinance No.~J' , Series of
1981, on the 6th day of May, 1981.
Attest: Mayor
ex off~c~o C~ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance~0 passed on final reading and published by title as Ordinance No.~,
Series of 1981.
Gary R. H~gbee
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ORDINANCE NO. ~ f
SERIES OF 1981
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BY AUTHORITY
COUN CIL BILL NO. 41
INTRODUCED BY CO ~UN~C==IL~
MEMBER.~N~E~A~L~---------
AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF
CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS
AMENDED.
WHEREAS, the City Council of the City of Englewood has
reviewed the Colorado Massage Parlor Code: and
WHEREAS, the City Council of the City of Englewood determines
that the licensing and regulation of massage parlors within its
jurisdiction are matters of local and municipa~ concern i n addition
t o being a matter of statewide concern: and
WHEREAS, the City Council o f t he City of Englewood finds
that the Colorado Massage Parlor Code does not provide sufficient
regulation for the health, safety and welfare of the public: and
WHEREAS, the current Health Therapy Establishment Ordinance
is in need of revision to adequate ly protect the health, safety
and welfare of the public: and
WHEREAS, the herein proposed f.tassage Parlor Code is intended
to r eplace and supersede the Health Therapy Establishment Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Sec tion 1. That Sections 1 through and including 16 of Chapter 7 ,
Ti t le IX, o f the official Code of Englewood, (EMC '69, as amended)
are hereby amended, adding new Sections 17 through 19 , to read as
fo llows:
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ARTICLE I. MASSAGE PARLOR CO DE .
9-7-1:
(a)
(b)
9-7-2:
IMPLEMENTATION OF STATE MASSAGE PARL0R c.:ODE.
The City Council hereby declares that the licensing and
regulation of massage parlors within i ts jurisdiction are
matters of local and municipal concern in addition to b eing
matters of statewide concern as declared by the Colorado
General Assembly. It is the intention of the City Counci l
to adopt supplementary standards for massage parlors within
its jurisdiction to those provioeu by the Colurado
General Assembly. The City Council hereby determines that
enactment of this massage parlor ordinance is necessary to
protect the health, safety, and welfare of the people of
the City-.
The City of Englewood hereby adopts the Colorado Massage
Parlor Code. In order to fully implement the Colorado
Massage Parlor Code within the City of Englewood, the City
establishes additional standards for the licensing of
massage parlors and employees thereof.
DEFINITIONS
As used in this Article, the following words and terms shall
have the following meanings:
(a) License means a grant to a licensee to operate a massage
parlor.
(b) Licensed premises means the premises specified in an approved
application for a license under this Article which is owned
or in the possession of the licensee and within which such
licensee is authorized to carry on the practice of massage
or receive requests for the supplying of massage services.
(c) Local licensing authority is designated to be the City
Council of the City of Englewood or such designee as they
shall determine by resolution.
(d) Massage. Any method of pressure on or friction against or
stroking, kneading, rubbing, tapping, pounding, vibrating
or stimulating· of the external soft parts of the body with
the hands or other parts of the human body or with the aid
of any mechanical or electrical apparatus or appliance,
with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions,
ointments or other similar preparations used in this practice.
(e) Massage ~arlor. Any establishment where any person, firm,
associat~on or corporation engages in, carries on, or permits
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to be engaged in or carr1ed on any of the activities ment ioned
in Subsection 9-7-2(d) o f t his Section. Massage establi sh-
me nts shall not include:
(1) Physicians, surgeon s , doctors, medical clinics
or person s licensed by the laws of the state
to practice medicine, surgery, osteopathy ,
chiropractic, and c hiropody, their offices and
clinics, and all persons working i n their
offices and clinics under their supervision
and direction.
(2) Hospitals and all persons employed by institu-
tions and establ ishments licensed by the s tate
as hospitals whi le performing their usua l
duties within the hospital or institution so
licensed;
(3) Registered or licensed nurses performing
services in their usual nursing duties;
(4) Beauticians and barbers duly licensed under
the laws of the state, insofar as their usual
and ordinary vocation and profession, as
~efined by the laws of the state, are concerned ;
(5) Massage practiced or instructed in the athletic
department of any state accredited school,
college, university or seminary;
(6) Trainers of any amateur, semiprofessional or
professional athlete or athletic team, when
treating athletes;
(7) Any bona fide athletic club which is not
engaged in the practice of rendering massages
to members of the general public for remunera-
tion. For the purposes of this Article, if
an athletic club does not receive more than
ten percent of its gross i ncome from the
practice of rendering massages to its members,
such shall be prima facie evidence that the
club is a bona fide athletic club.
(f) Premises means a distinct and definite location which may
include a building, a part of a building, a room, or any
other definite area contiguous thereto.
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9-7 -3:
(a )
(b)
9-7-4:
(a)
(b )
9-7 -5 :
(a)
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MA SSAGE P ARL OR LICENSE REQUIRE D
No massage p arlor shal l do business without havi ng fir st
o b t a i ned a l i c e n se under this Ar ticle and complyin g w i th
al l app l icable laws and ordin a n c e s.
An appli c ant f o r a massa ge parlor license shal l submit an
application upo n t h e forms provi d ed b y the Licens i n g Author i ty
in compl i an ce with 9 -7 -5.
MA S SAGE PARLOR EMPLOYEE PERMIT REQUIRE D
~y per s o n, i n cluding a lice n see who e n g age s in the p rov~d
~ng of massag e services to the publ ic, sha l l f ile a n
appl i cation f o r a ma ssa ge p a rlor e mployee permit with h e
licensing o f f icer of the C ity upon the fo r ms p r o v i ded b y
the Licensing Au t hori ty.
The applicatio n f or a massage parlor employee pe rmit shall
contain sub s tantially the same informat ion as the app lica-
tion for massage parlor license, except for the names an d
addresses of the owners of the real estate a nd n y leases
o r contracts concerning the real estate .
MASSAGE PARLOR LICENSE APPLICAT I ON
An applic ant for a massage parlor l i cen se, i n c l uding a n y
partner or l imited partner of the p artn ership a pplicant,
and any officer or director of the corporate applicant ,
or any stockholder holding more than ten (10) percent o f
the stock of a corporate applicant, or any other person wh o
is interested directly in the ownership or operation o f the
business or who provides a massage, s ha ll furnish the f ollow-
i~g information under oath:
(1) Name a n d addres s , i ncluding all a liases.
(2) Written p roof satisfactory to t he Licensing Authority
that the ind i vidual is at least twenty-one (21) years
of age.
(3 ) Name and address of spouse, if any, and such further
informati on about said spouse as may be required by
the Licensing Authority.
(4) All residential addresses for the past three (3) years.
(5) The business, occupation or employment of the applicant
for three (3) years immediately preceding the date of
the application.
(6) The applicant's height, weight, color of eyes and hair.
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(7) The massage parlor or s~milar business license histo ry
of the appl ican t ; whether s u c h person , in previo usly
ope rat i ng i n this or any o ther city o r sta t e und er
license , h a s h ad such license r evoked or s u s p ended, h~
reason the refor, and the business activi ty o r occupa-
tion subject t o suc h act i on of suspension or r e vocation.
(8 ) All criminal or c ity ordinance v iolation c onvictions,
fo r feiture of bond and pleadings of nolo con ten dere
o n all c h a rge s, e xce p t minor t ra ffic v i o la t ions.
(9 ) Fin gerprints a nd photograph o f the applican t .
(10) The exact nature of the massage parlor to be conducted
and the proposed place of business and fa c ilities
thereto.
(11) The names and addresses of all persons holding any
beneficial interest in the real estate upon which suc h
mas·sage parlor is to be operated, including but not
limited to, contract purchasers or sellers, bene-
ficiaries of land trust or lessees subletting to
applicant.
(12) If the premises are leased or being purchased under
contract, a copy of such lease or contract shall
accompany the application.
(1 3 ) A statement by the applicant that he or she has read
and is familiar with the provisions of this Article
and is in compliance with them.
(14) Such other and further information as determined
necessary to carry out the provisions of this Article.
REQUIREMENTS FOR LICENSE OR PERMIT
Every applicant for massage parlor license or massage parlor
employee permit shall meet the following requirements:
(a) Applicant must have attained the age of twenty-one (21)
years.
(h) Applicant must be of good moral character and record.
(c) Ap p l icant must not have been convicted of any felony or
misdemeanor involving moral turpitude (other than minor
traffic violations) within the past five years unless
applicant is in fact a person of good moral character at
the time of the application.
(d) Applicant must not have had a license which regulates
alcoholic liquor or massage establishment revoked or
suspended by a governing authority with the past five years.
(e) Applicant shall have graduated from an accredited school
of massage offering a course of at least one thousand
(1,000) clock hours, plus additional six hundred (600) I • •
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clinica l h ours in a ma ssage parlor or similar establish-
ment ; o r sha ll s how verified e vidence of having served
an a p prenticeshi p of two (2 ) years under t he di rect
s upervision of a licensed masseur or masseuse in a
massag e parlor o r similar establishment, such appre n tice-
ship to have included a minimum of five hundred (500 )
clock hours didactic training in anato my, phys i o l o gy ,
ethics and profes sio n a l relationsh i ps , p lus two t housand
(2,0 00) clinical hours of prac tical e xperience.
(fl The oper ation, as proposed by the appl icant, i f permitte ,
complies with all applicable laws .
Every massage parlor license and every massage parlor
employee permit shall terminate at expiration of one (l l
year from date of its issuance unless sooner revoked.
Every massage parlor licensee and every massage parlor
employee permittee shall make application for renewal of
their license or permit, as the case may be, at least forty-
five (45) days before expiration . In any case in which
the licensee or permittee has made a timely and sufficient
application for renewal, the existing license shall not
expire until such application has been acted upon by the
Licensing Authority.
9-7-7: SUSPENSION AND REVOCATION OF MASSAGE PARLOR LICENSE
AND MASSAGE PARLOR EMPLOYEE PERMIT
(a) Any license or permit issued for a massage parlor or
massage parlor employee may be revoked or suspended by the
Licensing Authority upon a finding that the licensee or
permittee has violated any one of the following:
(1) That the massage parlor or a massage parlor employee
has operated in a manner such as to constitute a
nuisance. Authority is given to the Licensing
Authority to determine the question of what activity
constitutes a nuisance in the oepration of a massage
parloi .
(2) An offense consisting of a felony or misdemeanor
involving moral turpitude has been committed by the
massage parlor licensee or massage parlor employee.
(3) That a massage parlor licensee or massage parlor
employee has knowingly furnished false or misleading
information or withheld relevant information on any
application for any license or permit required by
this Article or knowingly caused or suffered another
to furnish or withhold such information on his or her
behalf.
(4) That a massage parlor licensee or massage parlor
employee has, either knowingly or without the exercise
of due care to prevent the same, violated or has per-
mitted the violation of any terms of this Article or
state law concerning massage parlors .
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(b)
(c)
9-7-8:
(a)
(b)
9-7-9:
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A massage parlor licensee shall be responsible for t h~
acts of employees, agents and servants.
Licensing Authority, before revoking or suspending any
license, shall give massage parlor licensee or massage
p arlor employee at least seven (7) days' written noti ce
of the charges against him or her and the opportunity for
a public hearing before the Licensing Authority, at whic h
time the licensee or permittee may present evidence b e r -
i ng upon the question.
DISPLAY OF LICENSE AND PERMI T
Every licensee shall display a valid license in a conspicuous
place within the massage parlor establishment so that the
same ma~ be readily seen by persons e ntering the premises .
All persons required under this Article to o btain a massage
parlor employee permit, pursuant to this Artic le , must dis -
play -on request,during the hours of operation of said
'business, 'an identification card provided by t he City of
Englewood containing the legal name and date of birth of
t he employee and address of the e mployee along with other
information sufficient to identify the employee.
EMPLOYMENT OF EMPLOYEES WITHOUT P ERMITS
It shall be the responsibility of the licensee of a massage
parlor or the employer of any persons purporting to engage in
the providing of massage services to the p ublic in connection
wi th a massage parlor establishment to ensure that each such
person shall first have obtained a valid massage parlor employee
permit pursuant to this Article.
9-7-10.: ILLEGAL ACTIVITIES ON PREMISES
No licensee or any officer, associate, member, representative,
agent or employee of such licensee shall engage in any activity
or conduct or permit any other person to engage in any activity
or conduct in or about the licensed premises which is prohibited
by ordinance of the City of Englewood or law of the State of
Colorado or the United States.
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9 -7-11: EMP LOYEE S OF MA SSAG E PARLORS
No pe r son s hall be employe d b y a massage par l o r un less s uch
p e rson shal l have attaine d t he age of twenty-one (21) years
and s h all not have been found guilty in any court of this or any
other state or municipal i t y of any offense involving prost i tution ,
s olic i ting, procuring, pandering, pornography, meretricious d is-
play, assignat i on, unlawful cohabitation, lewd acts, indecen t
acts, o r any oth er offense i n volvi ng moral turpitude wi th i n t h e
five {5) years next prior to such employment.
9-7-12: PARLOR TO SUBMIT NAMES OF EMPLOYEES
Any person operating or managing a massage parlor shall
submit the names of all persons employed or to be employed by
said establishment to the Chief of Police. If it is determined
by the Chief of Police that any of said employees do not meet
the requirements set forth in this Article, then said establish-
ment shall, immediately, upon being notified by the Chief of
Police, terminate the employment of said person or persons. No
massage parlor shall-employ any person to administer a massage
unless said person has first obtained a license pursuant to
S9-7-4.
9-7-13:
{a)
{b)
(c)
PROHIBITIONS
No instrwnent or device designed or used for direct
application to the skin shall be applied directly to
the skin unless sanitized; the part of the body being
treated shall be covered with a clean towel, or else
the instrument shall be covered in a similar manner.
No sponge , stick, alum or other article liable to
convey infection, shall be used to make application
directly to an abrasion of the skin or to any cut or
wo und .
No l i c e nsed person shall treat any individual afflict ed
with any skin eruption or other disease unless such
person shall have furnished a written certificate from
a physi'cian directing such treatment and a statement
to the effect that the eruption or disease is not of a
contagious or transmissible character.
{d) No licensee may operate an X-ray, fluoroscope or similar
equipment, or a radioactive material, for any purpose
unless already licensed by the State of Colorado to
practice such a profession requiring the use of radia-
tion equipment. No massage parlor may contain an
X-ray, fluroscope, or similar equipment unless this
equipment -is operated only by persons properly licensed .
to practice a profession requiring use of such equip-
ment.
(e) No licensee shall administer oxygen. No licensee shall
engage in any activity which falls within the realm
of medical practice or nursing care.
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9-7-14: DISEASE CONT ROL
No massage parlor operator shall employ or permit any person
to work who i s infected with any disease in a communicable form
or who has open lesions or sores.
9-7-15: SANITARY REQUIREMENTS
It shall be unlawful for any massage parlor or employee
to fail to meet the following sanitary health standards:
(a) All surfaces of floors, walls, ceilings ·and equi pment
must be smooth and painted or constructed with surface
material that is easily cleaned.
(b) All tables, lounges, chairs, steam rooms, steam cabinets
or other devices or fixtures which may come in contact
with any patron shall be covered with a fresh, sanitary
disposable liner or cover, or with a cloth sheet or
cover which has not been previously used for a different
patron since laundering.
(c) All towels, robes, bandages, pads or other articles which
come into contact with any part of a patron's body must
be laundered, cleaned and sterilized after each use and
before being used again for a differ~t patron.
(d)
(e)
(f)
(g)
(h)
(i)
( j )
9-7-16:
All articles listed in Section 9-7-lS(c) above must be
stored prior to use in a sanitary, dustproof bin or
receptacle .
Each treatment room shall be equipped with individual
handwashing lavatories provided with hot and cold
running water.
Each establishment shall provide toilet facilities
where patrons of both sexes are accommodated separately.
Shower facilities: all establishments shall have
separate shower facilities for patrons of each sex.
All employees and persons rendering any massage shall
wear clean, washable uniforms.
First Aid Kit: ·every establishment shall have an
approved first aid kit available for use.
All used linen shall be stored in an approved container
after use thereof.
FEES
The following fees shall be paid to the City:
(a) Initial application fee for massage parlor license $350
(b) Initial application fee for massage parlor
(c)
(d)
(e)
employee permit
Annual fee for massage parlor license
Annual fee for massage parlor employee permit
All other employees
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$150
$50
$25
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9-7-17: MASS AGE PARLO R BUSI NESS
AN D OCCUPAT I ON·LICENSE TAX
(a) The Ci ty Council o f the City o f Englewood hereby fin s
and determines that the nature of the bus i n e ss of
operating a mass a ge parlor within the city limi ts o f t he
city is such as to present special problems wi t h re l ation
to health, welfare and safety of the c itizen s o f the
city, thus requiring the classification of such busin es
as a separate occupation and for the imposition of a
reasonable, p~oper, uniform and nondiscriminatory
occupational license tax so as to provide for a prope r
and just distr ibution of the tax burden within the city.
(b ) There is here by levied and assessed an occupational
license tax of twenty-five hundred dollars ($2500) upon
a business of operating a massage parlor in the city .
Each location shall be considered a separate business
for the purposes of imposing the occupational license
tax.
(c) Any massage parlor required to be licensed by this
article shall remit the hereinabove amount before the
commencing of business. Such license shall be valid
for a period of one year from the date of payment.
(d) The occupational license tax imposed by this article
shall be paid t9 the Director of Finance.
(e) All massage parlors shall post the tax receipt in a
c o nspicuous place within such massage parlor.
9-7-18: INSPECTION
The City shall, from time to time and at least twice a year,
make an i nspection of each massage parlor granted a license under
t he provisions of this Article for the purposes of determining
t hat the provisions of this Article are complied with. It shall
be unlawful for any licensee to fail to allow such inspection
officer access to the premises or to hinder such officer in any
manner.
9-7-1 9 : SEVE~BILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence,
clause o r phrase in this ordinance, or any part thereof, or
application thereof to any person, firm, corporation, public
agency or circumstance, is for any reason held to be unconstitu-
tional or invalid or ineffective by any court of competent juris-
diction, such decision shall not affect the validity or effective-
ness of the remaining portions of this ordinance or any part thereof.
It is hereby declared to be the legislative intent of the City
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Council that this ordinance would have been adopted and such
unconstitutional or invalid provision, clause, sentence, para-
graph, sec tion, or part thereof not then been included.
Introduced, read in full and passed on first reading
on the 20th day of April, 1 981 .
Published as a Bill for an Ordinance on the 22nd day
of April, 1981.
Read by title and passed on final reading on t he 4th
day of May, 1981 .
Published by title as Ordinance No.~j( , Series of
1981, on the 6th day of May, 1981.
Attest:
Mayor
ex off~c~o C~ty Clerk-Treasurer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinanc~~
passed on final reading and published by title as Ordinance No.~,
Series of 1981.
Gary R. H~gbee
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18
BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 43
INTRODUC~D BY COUNCIL
MEMBE~~tz,~A
SERIES OF 198 _1 __ _
A BILL FOR
AN ORDINANCE VACATING A PORTION OF A UTILITY RIGHT-OF-WAY IN
CENTENNIAL SOUTH SUBDrviSION ON THE NORTH SIDE OF LOTS 6 AND 14,
ARAPAHOE COUNTY I COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. The hereinafter described property located in the
City of Englewood, Arapahoe County, Colorado, be and the same is
hereby declared vacated and title thereof shall vest in the
respective owners of Lots 6 and 14, Centennial South Subdivision,
said vacated land being more particularly described as follows:
The South nine (9) feet of the existing
15-foot easement along the North side of
Lot 6, Centennial South Subdivision, except
the west six (6) feet and the East eight
(8) feet thereof: and
The South nine (9) feet of the existing
15-foot easement along the North side of
Lot 14, Centennial South Subdivision, except
the West eight (8) feet and the East six (6)
feet thereof.
Section 2. The hereinabove described land is located entirely
within the City of Englewood and does not constitute a boundary
line between the City of Englewood and any other county or other
municipality.
Section 3. The vacation of the hereinabove described property
will not leave any adjoining land without an established public
road connecting said land with another established public road.
Introduced, read in full, and passed on first reading on
the 4th day of May, 1981.
Published as a Bill for an Ordinance on the 6th day of May,
1981.
Eugene L. Ot~s, Mayor
Attest:
ex ottlclo 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 foregoing is a
true, accurate and complete copy of a Bill for an Ordinance, intro-
duced, read in full, and passed on first reading on the 4th day of May, 1911.
Gary R. H~gbee
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18
BY AUTHORITY
ORDINANCE NO.
SERIES OF 19Sr---
COUNCIL BILL NO. 43
INTRODUC~UN~IL
MEMBER Q ~ti<.'c4
A BILL FOR
AN ORDINANCE VACATING A PORTION OF A UTILITY RIGHT-OF-WAY IN
CENTENNIAL SOUTH SUBDIVISION ON THE NORTH SIDE OF LOTS 6 AND 14,
ARAPAHOE COUNTY, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. The hereinafter described property located in the
City of Enqlewood, Arapahoe County, Colorado, be and the same is
hereby declared vacated and title thereof shall vest in the
respective owners of Lots 6 and 14, Centennial South Subdivision,
said vacated land being more particularly described as follows:
The South nine (9) feet of the existing
15-foot easement along the North side of
Lot 6, Centennial South Subdivision, except
the West six (6) feet and the East eight
(8) feet thereof: and
The South nine (9) feet of the existing
15-foot easement along the North side of
Lot 14, Centennial South Subdivision, except
the West eight (8) feet and the East six (6)
feet thereof.
Section 2. The hereinabove described land is located entirely
within the City of Englewood and does not constitute a boundary
line between the City of Englewood and any other county or other
municipality.
Section 3. The vacation of the hereinabove described property
will not leave any adjoining land without an established public
road connecting said land with another established public road.
Introduced, read in full, and passed on first reading on
the 4th day of May, 1981.
Published as a Bill for an Ordinance on the 6th day of May,
1981.
Eugene L. Ot~s, Mayor
Attest:
ex officio C~ty 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 foregoing is a
true, accurate and complete copy of a Bill for an Ordinance, intro-
duced, read in full, and passed on first reading on the 4th day of
May, 1981.
Gary R. H1gbee
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BY AUTHORIT Y
ORDINANCE NO.
SE RIES OF 198 _1 __ __
A BI LL FOR
CO UNCI L BILL N0 .44
INT RO ~YC ~
MEMBE ~.124,1 '-/-. I J
AN ORD INAN CE AMEND ING CHAPTE R 22 OF THE CO M REH NS t V£ ZON I NG ORDINANCE ,
ORDINANCE NO. 2 6, SERIES OF 19 6 3, OF T HE CITY OF ENGLHlOOD, RELATIN G
TO ADULT USES, ESTAB LISHING ZONING L I MITATION S ON 'I'HFT R LOC TION, AND
PROV IDI NG FOR THE TERM IN ATI ON OF NONC O FORMIN G USESJ ,and .dfd<VU.;,--4--
(2/11~· II
WHERE AS, .ltn recent months there has been a g1 r i n g c on c ern
on the part of p ublic officials and r esid ents of t h e ~'tY of
Engl ewood r egarding t he appearance of a blighti. g a n, ·legrading effect
upon certa in neighborhoods of the Ci t y f rom the est c:.l>l~sh ment of sex-
oriented adult uses in suc h n e ighborhoods; a n
WHEREAS, the City Counci l has established , d t e . o n g hearings
before the Englewood Pl anning Commiss ion wh ere ma n 1 membe rs of the
residential and c omm erc ial coromuni ty share, conce rn t ng t he se r ious
degradin g effect adult uses have on such communi t ~e ~; and
WH E REAS , the Pl a nning Commission of the Ci t / of Eng l e wood
r ecommended to the City Co un ci l a t emporary ordinan ce limi ting the
effect of adul t uses on resident i a l neighborhood s an d commerci 1
area s of the City; a nd
WHERE AS, the City Council for the City of En g lewood approve d,
after public h ea ring, an ordinance t e mporarily limi ting the pro-
liferation of ad ul t uses ; and
WH EREAS , the Ci t y Coun ci l fo r the City of Englewo od has
instructed the Depa rtme n t of Communi ty Develop ment , the City
Attorney and other appropriate Ci t y dep artments t o de termine wh e ther
and to what extent such adu l t u se s tends to blig h a n d d eg rade
neig hborhoods in which they are situated ; and
WHEREAS, in ord er to prevent the further conce ntration o f
such adul t uses and to protect the c hara cter of the City 's n eigh-
borhoods, the City Co un cil seeks to disburse said uses and r e s trict
their loc ation near reside ntial nei g hborhoods; and
WHEREAS, there is a compe lling interest of the Ci ty of
Englewood that a permanent adu lt use zoning ordinan ce be enac ted
in o rde r to preserve the pub lic h e al t h, safe ty, general welfare
and peace by r eg ula ting adult us e s in such mann er a s to preven t
their further concent ration and the continual eros ion o f t he
character o f affected n e igh borhoods of the City .
NOW , THEREFORE, BE IT ORDAIN ED BY THE CITY COUNC IL OF THE
CITY OF ENGLEWOOD, COLO RADO:
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Section 1 . Sec ion 22.4 -lOh., 22.4-llh., 22.4 -1 3 j ., 22 .4 -1 4i.
of th e official Code of the City of Engle wood kn o wn s t he
Comp rehensive Zoning Ordin ance of 1963, Ord inan ce No . 26 , S eries
of 1963, are hereby ame nd e d to read as follows:
22.4-lOh. (1) Adul En ertainment or Service Facil ity
Distance Limi alion.
(a) No adult ent rtainment or service fa c jl i v s hall be
located on any site unless such site is not l es s than
the distan c e limitation as required by t hi~ s e c tion :
(1) 1,000 fee t from the location of anot ~~ such
adult e ntertainment or servi ce f cil ty ; and
(2) 500 feet from the boundary li e of ar v resid e ntial
distr ic t defined in the Compr ehbns v ~o ning
Ordin ance , Ordinance No. 26, S ~ries o. 1963 , as
amended, including but not l im it d tr R-1-A,
R-1-B, R-1-C , R-2 , R-2-C, R-3, o~ R-4 o r simi lar
residen tial zone district in a n area a jo ining
the City of Englewo od , or any r el 1 gious i n stitution ,
pub lic pary or e ducational in s t i ut ion , whe ther
within or without the City of Engl wood.
(b) Measurement of distances.
All distances provided herein shall be me s u1 e d as f o llows:
(1) With res p ect to the distance be tween a location
for which an adult entertainment or se rvice
facil i ty is proposed and a locati on where such a
facility e xists, the distance s hall be measured
by following a straight l ine from t he n earest
point of the property line of the p o posed
licensed premises to the nearest p o int o f the
property line of the e xis ting licens d p remise s .
(2) With respect to the distance f rom the boundary
line of a residential district or any religious
institution, public park or educational insti tution,
the d istance shall be measured b y foll owing a straight
line from the nearest point of the property line of
the proposed licensed premises to th e ne ares t point
of the district bound ary l ine; or i n t he ca se of a
religious institution, public park or educ ational
institution, the distance shall b e measure d by
following a straight line from the nearest point
of the property l i ne of the proposed licensed
premises to the nearest point of the property line
of a religio us institution, pub lic p ark or educa-
tional ins titution.
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(3) Whe re the proposed location of an adul t entertain-
ment or service facility is a vacant parcel of land
upon wh i ch no permit has bee n issued for the construc -
tion of a building, all distances s h al l be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where he proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon hi ch a permit h a s
been issued for the construe ion of a pe manent
building for such use, all d istanc b s hall be measu red
front the nearest point of the propel t.y line as shown
on the survey of such parcel of land.
22.4-llh. (1) Adu lt Entertainment o r Serv ice Fac1l1ty Distance
Limitation.
(a) No adul t entertainm e nt or service facility sha ll be
located on a ny site unless such site is not less than
th e dis tance limita ion as required by this section:
(1) 1 ,0 00 feet from the location of another such
adult entertainment or service facil ity; and
(2) 500 feet from the boundary line of any residential
district defined in the Comprehens1ve Zoning
Ordinance , Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-A,
R-1-B , R-1 -C, R-2, R-2-C , R-3, or R-4 or s i milar
residential zone district in an area adj oining
the City of Englewood, or any religious ins titution,
pub lic park or educational in stitution, whether
within or without the City of Englewood.
(b) Measurement of distances.
All distan ce s provided herein sha ll be meas ured a s follows:
(1) With respect to the distance between a location
for which an adult entertainment or service
facility i s proposed and a loca tion wh e re such a
facility exists, the distance shall be measured
by following a straight line from the ne arest
po i nt of the property line of the proposed
licensed premises to the nearest point of the
property line which is the existin g licensed
premises .
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(2) With respect to the distance from the boundary
line of a residential district or any religious
institution, public park or educational institution,
the distance shall be measured by following a straight
line from the nearest point of the property line of
the proposed licensed premises to the nearest point
of the district boundary line; or in the case of a
religious institution, public park or educational
institution , the distance shall be mea s ured by
followi ng a straight line from the nearest point
of the property line of the proposed licensed
premises to the nearest point of the property line
of a religious institution, public park or educa-
tional institution.
(3) Where the ~reposed location of an adult entertain-
ment or service facility is a vacant parcel of land
upon which no permit has been issued for the construc-
tion of a building, all distances shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been issued for the construction of a permanent
building for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land.
22.4-13k. (1) Adult Entertainment or Service Facility Distance
Limitation.
(a) No adult entertainment or service facility shall be
located on any site unless such site is not less than
the distan ce limitation as required by this section:
(1)
(2)
1 000 feet from th~ location of another such
adult entertainment or service facility; and
500 feet from the boundary line of any residential
district defined in the Comprehensive Zoning
Ordinance, Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-~,.
R-1-B R-1-C R-2 R-2-C, R-3, or R-4 or s~m~lar resid~ntial ~one district in an area adjoining
the City of Englewood, or any religious institution,
public park or educational institution, whether
within or without the City of Englewood.
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(b) Measurement of dis ances.
All distances provided herein shall be measured as follows :
(1) With respect to the distance between a location
for wh ich an adult enter tainment or service
facility is proposed and a location where such a
facility exists, the distance shall be measured
by following a straight line from the nearest
point of the property line of the proposed
licensed premises to the nearest point of the
property l ine of the existing licensed prem ~ses .
(2) With re s pect to the distance from t h e boundary
line of a residential district or any rel igious
institution, public park o r educational i nstitution,
the distance shall be me asured by fo llow~ng a straight
line from the nearest point of the p roper ty line of
the proposed licensed premi s es t o the nearest point
of the district boundary lin e; o r in the c ase of a
religious institution, publ i c park o r educa tional
institution, the distanc e shall be me asured by
following a straight line f rom the neare st point
of the p roperty line of the proposed licensed
premises to the nearest poin t of the property line
of a religious institution, public park or educa-
tional institution.
(3) Where t he proposed locat ion of an adul t e ntertain-
ment or service facility is a vacant parcel of land
upon which no permit has been issued for the construc-
tion of a building, all d i stances shall be measured
from the nearest point of the property line of the
land proposed as a locatio n for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment o r servic e facility
is a vacant parcel of land upon which a permit has
been issued for the construction of a permanent
building for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land .
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22.4-14i. (1) Adult Entertainment or Service Fac1l1ty Distance
Limitation.
(a) No adul t entertainment or service facil ity shall be
located on any site unless such site is not less th a n
the d i s tance limi tation as required by this section:
(1) 1,000 feet from th~ location of c h su h
adult entertainment or service fa~i-ity; and
(2) 500 feet from the boundary l ine of any r es i dentia l
district defined in the Comprehen si e Zo ning
Ordinance, Ordinance No. 26, Se ri s of 1963, as
amended, including but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, o r R-4 or similar
residential zone district in an area adjo ining
the City of Englewood, or any relig io us institution,
public park or educational institution, whether
within or without the City of Eng lewood.
(b) Measurement of distances.
All distances provided herein shall be measured as follows :
(1) With respect to the dis tan ce between a location
for which an adult entertainment or service
facility is proposed and a location where such a
facility e x ists , the dista nce shall be me asured
b y following a straight line from the nearest
po i nt of the property line of the proposed
licensed premises to the neare st p oint of the
p r operty line of the e xist ing licensed premises.
(2) With respect to the d istance from the boundary
line of a residential dis trict or any religious
institution , public park or e ducational institut i o n,
the distance shal l b e mea sured by following a straight
line f r om the nearest po i nt of the property line of
the proposed licensed premi ses to the neare st point
of the district b oundary line; or in t he case of a
religious ins titution, public park or educational
institution, t h e dis tance shall be measured b y
following a straigh t l ine from the n e arest point
of the property l i n e of the proposed licen s ed
premises to t h e nearest point of the property line
of a religious institution, public park or educa-
tional institution.
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(3) Whe re the proposed loc at ion of an dult entertain-
ment or service fa c ility is a vacant parcel of land
upon which no permit has bee n i ssued for the c onstruc -
tion of a building, all distances sha l l be measured
from the nea rest point of the property line of the
land proposed as a location for an adul entertain-
ment or se rv ice facility. Wher e the proposed loca-
~ion of an adult ente rtai nm n t or s rvi ce facility
1s a va can pa r cel of land upon which a pe rmit has
be en is sued for the construc tion of a permanent
bui l ding for such use , all distance s s hall be measured
from the nearest point of the property line a s shown
on the survey of s u c h parcel o f l and.
S e ct i o n 2. Section 22 .6-11 o f the of f icia l Co de o f the City of
Englewood known as th7 Comp rehensi~e Zo ning Ordin ance of 19 63,
ordinance No. 26, Se r1e s of 1963, 1s hereby amended to re ad as
follows:
22.6-11. Nonconforming Uses Terminated Wi thin 1 80 Day s.
Within not more than 180 days from t h e effective date
of this ordinance, the right to maintain any of the follow-
ing uses shall terminate and such uses shall cease to
exist and shall no longer be operated or maintain ed.
(a)
(b)
Adult entertainment or service fac ilit y . Nonconform-
ing use of a building or structure for a n y adult use
or service facility.
No adu l t e n tert ainment o r s erv ice fa c ility which
is nonconformi n g s h a l l i n crease its square footage
or intensify it s us age of the p r em i se s .
Section 3. Th a t Section 22.8 o f the Com p reh e n sive Zoning Ord in anc e
of the City o f Engl e wood, Ordinance No. 26 , S eries of 1963 , is h e re b y
amended by a d ding the following new definition s:
Adult Arcade me ans an establishment where, for any form of
c on s1d erat1on, o n e o r mo r e motion pic t ure projectors, slid e
proj e c t o r s or similar mach i n e s, f o r vi e wi n g b y f i v e or
f e we r p e rs on s each , are used to sho w films, mo t ion pictur e s,
video cas settes, sl i des o r o t her p h o tog ra p h i c rep roductions
which a r e chara c terized by a n e mphasis upon the depiction
or d escription of "spec ified s exual act i vities" o r "s pec if ied
anatom ical areas."
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Adult bookstore means a place where book s , magazines,
motion pictures, prints, photographs, periodical s, record-
ings, novelties and devices, or any o f these things , which
have as their primary or dominant theme matter depicting,
illustrating, d escribing or relating to specified sexual
a c tivities are o l d or offered f or sale to adu lts and
i eludes a place with only a portion o r sect ion of its
area set aside for the display o r sale of s uch materi al
to adults, except that any place, o ther wis e in c l uded wi thi n
this definition, that derives not more than ten pe rcent
of its gross income from the sale of such materi al s h all
be exempt from the provisions of this chapter so lon g as
such material is kept in a location wh e r e i t is not v sible
and shall not be a self-service item for the customers of
such place.
Adul t Cabaret means a nightclub, b a r , re s taurant or
s1m1lar establishment which regul ar ly features live
performances which are characterize d by the exposure
of "specified anatomical areas" or by "specified
sexual ac~ivit i es," or films, motion pictures, video
cassettes, slides or other photographic reproductions
which are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or
"specified anatomical areas."
Adult dancing est ablishme nt means a b u sines s that features
dancerti cli ti1)l c~.y lng or~}.posing specified U.ll.:l tOilllC.:ll areas .
Adult entertainment or service facilit means an adult
oo store, massage par or, a u t mot1on picture booth,
adult motion picture theater, adult dancing establishment,
adult cabcret, or adult arcade.
Adult motion picture booth means an enclosed are a within
an adult mot1on p1cture theater designed or used for the
viewing by one or two persons of motion pictures which have
as their primary or dominant theme matters depicting, illus-
trating or relating to specified sexual activities.
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Adult motion picture the ater means an ~nclosed building~ or
a porti on or part of an ~ncl~s e~ bu i l d~ng, or an open~a~r
theate r d esigned to perm~t v ~e w~ng by patrons sea~ed 7n
automobiles , used for presenting on a re~u l ar bas~s f~l m
material wh i ch h as as its primary or d om~na n t theme matte r s
depicting, illustra ting or relating to specified sex ual
activi ties for observation by adult patrons there o f , an d
includes any hotel or motel, boardinghous e , ~oom i ng ho ~s e
or other lodgeing f o r t ransient customers wh Lch a d ver t ~ses
the prese ntat i on of s u c h f ilm mater i a l.
Massage. Any method of pressure on o r f riction a g ainst or
stroki ng, kneading, rubbing, tapping, poundin g, vibrat ing
or s timulating of the external soft parts of t he body with
the hands or other parts of the human body or with the aid
of any mechanica l or electrical appara tus o r app liance, ·
with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams , l o tions,
ointments or other similar preparations used i n this practice.
Massa~e earlor. Any establishment where any p e rson, firm,
assoc~at~on or c orporation engages in, carrie s on , o r per-
mits to be engaged in or carried on any mass age as defined
herein. Massage establishments shall not includ e:
(1 ) Phys ici a n s, surgeons, doctors, me d i c a l cl inics
or persons licensed by the laws of the state
to practice medicine, surgery, osteopathy,
chiropractic, and chiropody, their offices and
clinics, and all persons working in thei r
offices and clinics under their supervision
and direction. ·
(2) Hospitals and all persons employed by institu-
tions and establishments licensed by the state
as hospitals while performing their usual
duties within the hospital or institution so
licensed;
(3) Registered or licensed nurses performin g
services in their usual nursing duties;
(4) Beauticians and barbers duly licensed under
the laws of the state, insofar as their usual
and ordinary vocation and profession, as
defined by the l•ws of the state, are concerned;
(5) Massage practiced or instructed in the athletic
department of any state accredited school,
college, university or seminary;
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(6 ) T rainers o f any a mateur, semiprofess i ona l o r
professional athlete or athletic t eam , when
treati ng athletes;
{7) Any bona fide athletic club wh~c h is not
engaged in the practice of rende r in g ma ssa g es
to members of the general publ i c for remunera-
tion. For the purposes of this Art i c le, if
an athletic club does not rece i ve mo re t han
ten percent of its gross income from t he
practice of rendering massages to its members,
such shall be prima facie evidence tha t the
club is a bona fide athletic club .
Public Park means a park, playground, swimmin g pool, beach, p~er, reservoir, golf ~J U Ls e or athletic field under the
control, operation or management of a governmental entity.
Specified Anatomical Areas as used herein, s h a l l me a n and ~nclude any of the following:
(1) Less than completely and opaquely cover ed human
genitals, pubic region, buttocks, anus or female
breasts below a point immediately above the top
of the areolae; or
(2) Human male genitals in a discernibly turg i d
state,even if completely and opaquely covere d.
Specifie d sexual activities means:
(1)
(2)
(3)
human genitals in a state of secual stimulat i on or arousal;
acts of human adamitism, analingus, bestiality,
cunnilingus, coprophilia, fellation, flagellation
frottage, masochism, masterbation, sadism, '
sadomasochism, sexual intercourse, sodomy or urolagnia; and
fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
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Section 4. PENALTY FOR VIOLATION.
Violation of this ordinance is punishable by a fine or by
imprisonment , or by both fine and imprisonment as provided
in the Englewood Mun icipal Code of 1969, as amended. Each day
during any portion of which any violation of this ordinance is
committed, permitted or continued shall constitute a separate
offense.
Section 5. E MERGENCY.
The adoption of this ordinan ce is neces sary for the pre servation
of the pub lic peace, h ealth and safety and this ordinance shall
become effective upon its passage.
Section 6. SEVERABILITY.
If any provision or clause of this ordinance o r the appl icati on
thereof to any person or circumstance is held to be unconstitu-
tional or otherwise invalid by any c ourt of competent j urisdiction,
such inv al idity shall not affect other ordinance provisions or
clauses or applications thereof which can be implemen t ed without
the invalid provision, clause or application, and to this end the
prov isions and c lauses of this ordinance are dec lared to be s e ver-
able.
Introduced, read in full and passed on first r eading on
the 4th day of Hay, 1981.
Published as a Bill for an Ordinance on the 6th day of
Hay, 1981 .
Eugene L. Otis, Mayor
Attest:
ex off1c1o C1ty 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, acc urate and complete copy of a Bill for a n
Ordinance, introduced, read in full and passed on first reading
on the 4th day of May, 1981.
Gary R. Higbee
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COMM ERCI A L &. INOUS l I AL AREA S IN WHI CH AliiJL I ltH R T AIN~iEN T BUS IN ESSES
CITY CM' ..........
COULD BE PE RMITTED UNDE R T H 0 0 FOOT ULE
.. I'A"KS
• SCH OO L S I. CHURC HES
SUII -I'UI LIC I.PU II LIC F ACILITIES
!100 ° F "OIIol "E S IO EN TI AL ARE AS
PERMITTED AREAS
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ORDI ANCE NO.
SER IES OF 198_1 __ __
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BY AUTHORITY
A BILL FOR
COUNCIL BILL N0.44
INTROD UC& BY COU NC f :r.
MEMBER ~d.z 04L-)-/-
~a_1'
AN ORDINANCE AMEND ING CHAP TER 22 OF THE COMPREHENSIV E ZONING ORDI NAN CE ,
ORDINANCE NO. 26, SER IES OF 1963, OF THE CITY OF ENGLE\'lOOD, RELAT NG
TO ADULT USES, ESTABLISH ING ZONING L I MITATI ONS ON THEIR LOC ATION , AND
PROVIDIN G FOR THE TERMINATION OF NONCONFORMIN G USES){)_ ?'l(X d.Ld-aJu ;?.{}.._ a -?') J "'"K.-Vl qt ?'1-~. J .
WHEREA ~, in ~ece nt month s there ha s been a growing conce rn
on the par of public officials and res i de n ts of the C1ty of
Englewood regarding the appearance of a blighting and deg rading effect
upon certain n e ighborhoods of the City from he establ1shment of sex-
oriented adult uses in suc h neighborhoods; and
WHEREAS, the City Council has established, after long h ea rings
before the Englewood Planning Commission where man y members of the
residential and commercial c ommunity share, concern 1 ng he serious
degrading effect adult uses have on such communit ies; and
WHEREA S, the Pla nning Commi s sion of the City of Englewood
re comme nded to the City Council a temporary ordinance limiting the
effect of adul t uses o n residential n eig hborhoods and commercial
area s of the City; and
WHEREA S , the City Council for the City o f Englewood approved,
after public hearing, an ordinance temporarily limitin g the pro-
liferation of a dul t uses; and
WHEREAS, the City Council for the City of Englewood has
instructed the Dep artme nt of Community Deve lop ment, the City
Attorney a nd other a ppropria te City departme nts to determi ne whether
and to what extent s uc h adult uses tends to blight and degrade
neighborhoods in which they are situated ; and
WHEREAS, in order to preve nt the furthe r concentration of
such adult uses and to protect the character of the City's neigh-
borhoods, the Ci t y Council seeks to disburse said uses and rest rict
t heir loca tion near r e s i d e ntial neighborhoods ; and
"~EREAS, there is a compe lling interest of t h e City of
Englewood that a permanent adul t use zoning ordin ance be enacted
in order to preserve the public health, safe t y , general welfare
and peace by regulating adult uses in such manner as to prevent
their further c oncentration and the continual erosion of the
character of affec ted n e ighborhoods of the City .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE
CITY OF ENGLEWOOD, COLO RADO:
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Section 1. Section 22 .4 -l Oh., 22.4-llh., 22.4 -13)., 22 .4-14 i .
of the official Code of the City of Engl ewood kno wn as the
Comprehensive Zon ing Ordinance of 1963, Ordinance No . 26 , Series
of 1963 , are hereby amended to read as follows:
22.4-lOh. (1) Adult Ente rtainment or Service F a c ility
Distance Limitation.
(a) No adult en t ertainment or service fa ci lity shall be
located on any site u nless such site js n o t l e ss than
the distan ce limitation as required b y th1s section:
(1) 1,000 feet fro m the location of noLhc s u c h
adult e ntertainment or service fa cility ; and
(2) 500 feet from the boundary line o f aty resi dential
di strict defined in the Compreh ens1ve Zoning
Ordinance, Ordinance No. 26, S eries of 1963 , as
amended, including but not l imi te d to R-1-A ,
R-1-B, R-1 -C, R-2, R-2-C, R-3 , o r R-4 or simi lar
residential zone district in an area adjo ining
the C ity of Englewood, o r any religio u s i n stitution,
pub l ic park o r e ducational in sti ut ion , wh e ther
within or without the City of Eng l e wood .
(b) Measureme nt of distances .
All d istance s provided herein shall be meas u red as follows:
(1) With respect to the distance between a location
for which an adult entertainment or service
facility is proposed and a location where such a
facility exists, the distance shal l be measured
by following a straight line from the nea rest
point of the property line of the proposed
licensed premises to the nearest p oint of the
property line of the existing lic ensed p remises.
(2) With respect to the distance ·from the boundary
line of a residential district or any religious
institution, public park or educational ins titution,
the distance shall be measured by following a straight
line from the nearest point of the property line of
the proposed licensed premises to the nearest point
of the d istrict boundary line; or in the c ase of a
religious institution, public park or educational
institution, the distance shall be meas ured by
followin g a straight line from the ne arest point
of the property line of the proposed licensed
premises to the neares t point of t h e property line
of a religious institution, pub lic p ark or educa-
tional institution.
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(3) Where the proposed location of an adult entertain-
ment or service facility is a v acant parcel of land
upon which no permit has been issued for the construc -
tion of a building, all distance s shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vac ant parcel of land upon which a pe rmit has
been issued for the construction of a permanent
building for such use, all d istances s hall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land .
22.4-llh. (1) Adult Entertainment or Serv1ce Fac1l1ty Distance
Limitation.
(a) No adult entertainment or service facility shal l be
located on any site unless such site is not less than
the dist ance limitat ion as required by this sec ion:
(1) 1,000 feet from the location of another such
adult entertainment or service facility; and
(2) 500 feet from the boundary line of any residential
district defined in the Comprehensive Zoning
Ordinance, Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar
residential zone district in an area adjoining
the City of Englewood, or any religious institution,
public park or educational insti tution, whether
within or without the City of Englewood.
(b) Measureme nt of distances.
All distances provided herein shall be measured as follows:
(1) With respect to the distance between a location
for which an adult entertainment or service
facil ity is proposed and a loc ation where such a
facility exists, the distance shall be measured
by following a straight line from the nearest
point of the property line of the proposed
licensed premises to the nearest point of the
property line which is the existing licensed
premises.
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(2) With respect to the distance from the boundary
line of a residential di•trict or any religious
institution, public park or educational institution,
the distance shall be measured by following a straight
line from the nearest point of the property line of
the proposed licensed premises to the nearest point
of the district boundary line; or in the case of a
religious institution, public park or educational
institution, the distance shall be mea s ured by
followi ng a straight line from the nearest point
of the property line of the proposed licensed
premises to the nearest point of the property line
of a religious institution, public park or educa-
tional institution.
(3) Where the proposed location of an adult entertain-
ment or service facility is a vacant parcel of land
upon which no permit has been issued for the construc-
tion of a building, all distances shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been issued for the construction of a permanent
building for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land.
22.4-13k. (1) Adult Entertainment or Service Facility Distance
Limitation.
(a) No adult entertainment or service facility shall be
located on any site unless such site is not less than
the distance limitation as required by this section:
(1)
(2)
1 000 feet from the location of another such
adult entertainment or service facility; and
500 feet from the boundary line of any residential
district defined in the Comprehensive Zoning
Ordinance, Ordinance No. 26, Series of 1963, as
amended, including but not limited to R-1-~,.
R-1-B R-1-C R-2 R-2-C, R-3, or R-4 or s~m~lar resid~ntial ~one district in an area adjoining
the city of Englewood, or any religious institution,
public park or educational institution, whether
within or without the City of Englewood.
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(b) Measurement of distance s.
All distances provided her ein shall be measured as follows:
(1) With respect to the distance between a location
for which an adult entertainment or service
facility is proposed and a location where such a
facility exists, the distance shall be measured
by following a straight line from the nearest
point of the property line of the proposed
licensed premises to the nearest point o f the
property line of the existing lic ensed p remise s .
(2 ) With respect to the distance from the o undary
line of a residential district or any re ligious
institution, public park or educational i nstitution,
the distance shall be measured by fo llow ing a straight
line from the nearest point of the property line of
the proposed licensed premises to the nea rest point
of the district boundary line; or in the case of a
religious institution, public park or educational
institution, the distance shall be measured by
following a straight line from the nearest point
of the property line of the proposed licensed
premises to the nearest poin t of the property line
of a religious institution , public park or educa-
tional institution.
(3) Where the proposed location of an adult entertain-
ment or service facility is a vacant parcel of land
upon which no permit has been issued for the construc-
tion of a building, all distances shall be measured
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
tion of an adult entertainment or service facility
is a vacant parcel of land upon which a permit has
been issued for the construction of a permanent
building for such use, all distances shall be measured
from the nearest point of the property line as shown
on the survey of such parcel of land .
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22.4-14i. (1) Adult Entertainment or Service F a c ility Distance
Limitation.
(a) No adult entertainment or service facility shall be
located on any s ·ite unless such site is not l ess than
the distanc e limitation as required by th i s section:
(1) 1,000 feet from the location of noth er such
adult entertainment or service fa cility ; and
(2) 500 feet from the boundary line of any residential
district defined in the Comprehen sive Zo nin g
Ordinance, Ordinance No. 26, Se ries of 1963, as
amended, including but not limited to R-1-A,
R-1-B, R-1-C, R-2, R-2-C, R-3, or R-4 or similar
residential zone district in an area a djoining
the City of Englewood, or any religious institution,
public park or educational institution, whether
within or without the City of Engl ewood .
(b) Measurement of distances.
All distances provided herein shall be measur ed as follows:
{1) With respect to the dis tance between a location
for which an adult ente rtainment or service
facility is proposed and a location where such a
facility exists, the distance sha ll be mea sured
by fo llowing a straight line from the nearest
point of the property line of the proposed
license d premises to t h e n earest p oint of the
p r ope rty line of the exi sting lic ensed p remises .
{2) With respect to the d istance from t h e boundary
line of a residential district or any reli g ious
ins titution , p ubl ic park or e ducation al insti tution,
the di stance shall be mea sured by following a straight
line from the nearest p oint of the property line of
the proposed licensed premises to the nearest point
of the district boundary line; or i n the case of a
religious institution, public park o r e ducational
institution, the distance shall be measured by
following a straight line from the neare st point
of the prope r ty line of the proposed li c ensed
premises to the nearest point of the property line
of a religious institution, publ ic park or educa-
tion a l institution.
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(3) Where the proposed location of an adul entertain-
ment or service facility is a vacant pa r cel of land
upon wh ich no permit has been issued for the construc -
tion of a building, all distances shall be measure d
from the nearest point of the property line of the
land proposed as a location for an adult entertain-
ment or service facility. Where the proposed loca-
~ion of an a dult entertainment or service facility
1s a vacan t parcel of land upon which a pe rmit has
b een issued for t h e construction of a permanent
building for such u se , all distance s sh all be measured
from the nearest p o int of the property line as shown
o n t h e surv ey of suc h parcel of land.
s e ction 2. Section 22.6 -11 o f the of f icia l Co de o f the C i ty o f
Englewood known as th7 Comprehe ns i~e Zoning Ord i nan c e of 19 6 3,
ordinance No. 26, Se r 1 e s of 196 3 , 1s hereby ame nded to read as
follows:
22.6-11. Nonc onforming Uses Termin ated Within 1 80 Days.
Within not more than 180 days from the effective d a te
of this ordinance, the right to maintain any of the foll o w-
ing uses shall terminate and such uses shall cease to
exist and shall no longer be operated or maintain ed.
(a)
(b )
Adult entertainment or service faci lity. No n con f orm-
ing use of a building or structure for a n y adult use
or service facility.
No adu lt e n tertainment or s erv ice fa ci lity which
is nonconfo rm i ng s h a l l increa s e its square foota ge
or intensify its u sage o f t h e premis e s.
Sec t ion 3 . Th a t Section 22.8 of t h e Comprehensive Zonin g Ordinance
of the City of Englewood, Ordinance No. 26, Series of 1963, is here by
amended by adding the following n ew definitions :
Adult Arcade means an esta blishment where, fo r any form of
c ons 1derat1on, one or more motion picture p r ojectors, slide
proj e ctors or similar mac h ines , fo r viewing by five or
fewer persons each , are u sed to sho w fil ms, motion pic t ures,
video cassette s, slides or other p h otographic reproductions
which are characterized by a n emphasis upon the depiction
or d escription of "specified sexual activities" or "specifie d
anatomical a reas ."
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Adult bookstore means a place where books, magazines,
mot~on p~ctures, prints, photographs, periodicals, record-
ings, novelties and devices, or any of these t hings, which
have as their primary or dominant theme matter depicting ,
illustrating, d escribing or relating to specified sexual
a c tivities are sold or offered for sale to adul ts and
includes a place with only a p o rtion or sect ion of its
area set aside for the display or sale of such ma terial
to adults, except that any place, otherwise i n c luded within
this definition, that derives not more than ten percent
of its gross income from the sale of such material s h all
be exempt from the provisions of this chapter so long as
such material is kept in a location where i t is not v isible
and shall not be a self-service item for the customers of
such place.
Adult Cabaret means a nightclub, bar, restaurant or
s~m~lar establishment which regularly features live
performances which are characterized by the exposure
of "specified anatomical areas• or by "specified
sexual ac~ivities," or films, motion pictures, video
cassettes, slides or other photographic reproductions
which are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or
"specified anatomical areas."
Adult dancing establishment means a business that features
dancerti dl~l)lay lng orl::xposing l.ipccificd illliltO ulc.:J.l areas .
Adult entertainment or service facility means an adult
book store, massage parlor, adult motion picture booth ,
adult motion picture theater, adult dancing establishment,
adult cabcret, or adult arcade.
Adult motion picture booth means an enclosed area within
an adult mot~on p~cture theater designed or used for the
viewing by one or two persons of motion pictures which have
as their primary or dominant theme matters depicting, illus-
trating or relating to specified sexual activities.
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Adult motion picture theater means ~n ~nclosed building! or
a portion or part of an enclosed bu~ld~ng, or an open~a~r
theater designed to permit viewing by patrons sea~ed 7n
automobiles, used for presenting on a re~ular bas~s f~lm
material which has as its primary or dom~nant theme matters
depicting, illustrating or relating to specified sexual
activities for observation by adult patrons ther~of, and
includes any hotel or motel, boardinghouse, ~oom~ng ho~se
or other lodgeing for transient customers wh~ch advert~ses
the presentation of such film material .
Hassa~e. Any method of pressure on or friction against or strok~ng, kneading, rubbing, tapping, pounding, vibrating
or stimulating of the external soft parts of the body with
the hands or other parts of the human body or with the aid
of any mechanical or electrical apparat us or appliance, ·
with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powder, creams, lotions,
ointments or other similar preparations used in this practice.
Massa~e earlor. Any establishment where any person, firm,
assoc~at~on or corporation engages in, carries on, or per-
mits to be engaged in or carried on any massag e as defined
herein. Massage establishments shall not include:
(1) Physicians, surgeons, doctors, medical clinics
or persons licensed by the laws of the state
to practice medicine, surgery, osteopathy,
chiropractic, and chiropody, their offices and
clinics, and all persons working in their
offices and clinics under their supervision
and direction. ·
(2) Hospitals and all persons employed by institu-
tions and establishments licensed by the state
as hospitals while performing their usual
duties within the hospital or institution so
licensed;
(3) Registered or licensed nurses performing
services in their usual nursing duties;
(4) Beauticians and barbers duly licensed under
the laws of the state, insofar as their usual
and ordinary vocation and profession, as
defined by the l~ws of the state, are concerned;
(5) Massage practiced or instructed in the athletic
department of any state accredited school,
college, university or seminary;
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(6) Trainers of any amateur, semipr o fessional or
professional athlete or athletic team, when treating athletes;
(7) Any bona fide athletic club wh i ch is not
engaged in the practice of rendering ma ssages
to members of the general public fo r remunera-
tion. For the purpases of this Article, if
an athletic club does not receive more than
ten percent of its gross income from the
practice of rendering massages to its members,
such shall be prima facie evidence that the
club is a bona fide athletic club .
Public Park means a park, playground, swimming pool, beach,
pier, reservoir, golf c JuLse or athletic field under the
control, operation or management of a governmental entity.
Specified Anatomical Areas as used herein, shall mean and ~nclude any of the following:
(1) Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female
breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernibly turgid
state,even if completely and opaquely covered.
Specified sexual activities means:
(1) human genitals in a state of secual stimulation or arousal;
(2) acts of human adamitism, analingus, bestiality,
cunnilingus, coprophilia, fellation, flagellation
frottage, masochism, masterbation, sadism, '
sadomasochism, sexual intercourse, sodomy or urolagnia; and
(3) fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
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Section 4. PENALTY FOR VIOLATION.
Violation of this ordinance is punishable by a fine or by
imprisonment, or by both fine and imprisonment as provided
in the Englewood Municipal Code of 1969, as amended. Each day
during any portion of which any violation of this ordinance is
committed, permitted or continued shall constitute a separate offense.
Section 5. EMERGENCY.
The adoption of this ordinance is nece ssary for the pre servat ion
of the public peace, health and safety and this ordinance shall become effective upon its passage.
Section 6. SEVERABILITY.
If any provision or clause of this ordinance or the application
thereof to any person or circumstance is held to be unconstitu-
tional or otherwise invalid by any court of competent jurisdiction,
such invalidity shall not affect other ordinance provisions or
clauses or applications thereof which can be implemented without
the invalid provision, clause or application, and to this end the
provisions and clauses of this ordinance are declared to be sever-able.
Introduced, read in full and passed on first reading on the 4th day of May, 1981.
Published as a Bill for an Ordinance on the 6th day of May, 1981.
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 4th day of May, 1981.
Gary R. Higbee
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COM .. ERCIAL &. IN UST IAL AR AS I HI CH OUL I NT T AIN,~EN T BUSI NE SS E S
C 0 eE PER .. ITT 0 UNDER T !>00 FOOT RULE.
CITY Of' ........
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• ICHOOLI .. CHU"CHE II
• IUU-I"UI L IC .. PUBLIC FACILITIE S ~ !100' F"OW "ESIDENTIAL AR E AS
E;;§!] PERMITTE D AREAS
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RESOL UTION NO. c:J-c
SERIES OF 1981
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A RESOLUTION APPROVING THE APPOINTMENT OF CHARLES C. GRIMM AS ASSISTANT
CITY ATTORNEY.
WHEREAS, the City of Englewood, a Colorado home rule
municipal corporation, has duly established a Municipal Court and
requires the services of an attorney at law to prosecute Charter
and Code violations in said Municipal Court; and
WHEREAS, Charles C. Grimm is duly licensed to practice
law before the courts of the State of Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
1. That Charles C. Grimm, Attorney at Law, and the law
firm of Charles C. Grimm, hereinafter referred to as "law firm",
are appointed Assistant City Attorney to work at the direction and
control of the City Attorney as prosecutor before the Municipal
Court, appeals therefrom by defendants, appeals by the City, and/or
Commission meetings as directed by City Attorney; that the law firm
shall expend approximately 20 hours per week in this capacity.
2. It is agreed that law firm shall defend City in up
to two appeals per term of contract by defendants to District Court
without additional cost. Should more than two cases per term of
contract be appealed by defendants or should the City appeal, City
shall pay $25/hour for noncourt time and $35/hour for court time
upon approval by the City Attorney prior to performance of services.
3. Consideration shall be at the rate of $916.67 per
month, due and payable on the 15th day of the month following
rend i tion of services. Services are to commence May 4, 1981.
4. Substitutes: law firm shall advise City Attorney
of substitute prosecutor should substitutes be necessary. Approval
of City Attorney and City Council shall be necessary prior to
substitute assuming duties.
5. This contract may be terminated by either party upon
thirty days' written notice to the other. In any event, this
contract shall terminate on December 31, 1981 subject to renegotia-
tion for the year 1982.
6. It is expressly understood that the services per-
formed by the law firm are contract services not entitling law
firm to benefits of the City employees, specifically excluding
health and dental insurance, life insurance, disability insurance,
Workmen's Compensation, Social Security, vacation leave, personal
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leave, disability leave, and/or such other and furthe r benefits of an employee of the City.
ADOPTED AND APPROVED this 4th day of Hay, 1981.
Eugene L. Otis, Mayor
Attest:
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 Resolution No. , Series of 1981.
Gary R. H~gbee
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RESOLUTION NO.~(?
SERIES OF 1981
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A RESOLUTION APPROVING THE APPOINTMENT OF CHARLES C. GRIMM AS ASSISTANT
CITY ATTORNEY.
WHEREAS, the City of Englewood, a Colorado horne rule
municipal corporation, has duly established a Municipal Court and
requires the services of an attorney at law to prosecute Charter
and Code violations in said Municipal Court; and
WHEREAS, Charles c. Grimm is duly licensed to practice
law before the courts of the State of Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
1. That Charles C. Grimm, Attorney at Law, and the law
firm of Charles C. Grimm, hereinafter referred to as "law firm",
are appointed Assistant City Attorney to work at the direction and
control of the City Attorney as prosecutor before the Municipal
Court, appeals therefrom by defendants, appeals by the City, and/or
Commission meetings as directed by City Attorney; that the law firm
shall expend approximately 20 hours per week in this capacity.
2. It is agreed that law firm shall defend City in up
to two appeals per term of contract by defendants to District Court
without additional cost. Should more than two cases per term of
contract be appealed by defendants or should the City appeal, City
shall pay $25/hour for noncourt time and $35/hour for court time
upon approval by the City Attorney prior to performance of services.
3. Consideration shall be at the rate of $916.67 per
month, due and payable on the 15th day of the month following
rendition of services. Services are to commence May 4, 1981.
4. Substitutes: law firm shall advise City Attorney
of substitute prosecutor should substitutes be necessary. Approval
of City Attorney and City Council shall be necessary prior to
substitute assuming duties.
5. This contract may be terminated by either party upon
thirty days' written notice to the other. In any event, this
contract shall terminate on December 31, 1981 subject to renegotia-
tion for the year 1982.
6. It is expressly understood that the services per-
formed by the law firm are contract services not entitling law
firm to benefits of the City employees, specifically excluding
health and dental insurance, life insurance, disability insurance,
Workmen's Compensation, Social Security, vacation leave, personal
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leave, disability leave, and/or such other and further benefits
of an employee of the City.
ADOPTED AND APPROVED this 4th day of May, 1981.
Eugene L. Ot1s, Mayor
Attest:
ex officio City Clerk-Treasurer
I, Gary R. Higbee, ex officio ity Clerk-Treasurer of
the City of Englewood, Colorado, hereby certify that the above
and fgregoing is a true, accurate and complete copy of Resolution
No. c?l? , Series of 1981.
Gary R. H1gbee
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WHEREAS, public works services provided in our community
are an integral part of our citizens' everyday lives; an d
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of p ublic works
systems and programs such as water, sewers, streets and highways,
public buildings, solid waste collection and snow removal; and
WHEREAS, the health, safety and comfort of this community
greatly depends on these facilities and services; a nd
WHEREAS, the quality and effectiveness of these facili-
ties,as well as their planning, design and construction, are
vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated
personnel who staff public works departments is materially
influenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of May 17 -23,
1981 as
PUBLIC WORKS WEEK
in the City of Englewood and call upon all citizens and civic
organizations to acquaint themselves with the problems involved
in providing our public works and to recognize the contributions
which public works officials make every day to our health, safety
and comfort.
1981.
E\19lieL. Otis, Mayor
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM Slll.JECT
April 14, 1981 NATIONAL PUBLIC WORKS WEEK
INITIATED BY --~K~e~l~l~s~W~a~g~g~p~nwe~r~·~D~ir~e~c~t~p~r~p~f_P~·~•uh•l•i ~c_.Wp~rAk~s--------------
ACTION PROPOSEDI __ ~P~r~o~c~l~a~1~·m~HA~Y~Ll~7-~2~l._Ll29AB•l-a4&s~pun~b~l~j~c_.w~n~r~k~s~W~o~o~k------
in Englewood
BACKGROUND
National Public Works Week is slated for May 17-23, 1981. Local,
statewode and national level events are planned to focus the public
eye upon the many services and benefits that are provided through
the various public works operations.
RECOMMENDATIONS
It is requested that Council officially proclaim that week as
Public Works Week in Englewood in cooperation with National Public
Works Week. A proposed proclamation is attached.
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May 4
I-1ay 4-14
May 16
Satu.:-day
May 18
Monday
May 19
'l'ucsduy
May 2 0
We d nesday
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NATIONAL PUBLIC WORKS WEE K
Proclamation by Council declaring May 17-23 as
National Public Works Week in Englewood
City wide cleanup program
Dedication of new addition to Allen Treatment Plant
10:00 a.m.
Tours of Allen Treatment Plant after dedication.
Ribbon cutting ceremony at Centennial Park -4:00p.m.
Award contra~t for sewer relief line
estimated cost $1,300,000 .
Award contract for Little Dry Creek Phase I
estimated cost $ 602,000
'l'ours o f Allen Treatment Plant at 1:00 & 2:00 p.m.
Tours of ServiCenter at 1:00 & 2:00 p.m.
Tours of wastewater Treatment Plant at 10:00 a.m. &
2:00 p.m.
Equipme nt display and demonstration at ServiCenter
at 1:00 p.m.
Ribbon cutting ceremony at Golf Course Bridge 4:00
Tour s o f Al len Treatme nt Plant at 1:00 & 2:00 p.m.
Tours of ServiCenter at 1:00 & 2:00 p.m.
Tours of wastewater Treatment Plant at 10:00 a.m. &
2:00 p.m.
Equipme nt display and demonstration a t ServiCenter
at 1:00 p.m .
Tours of Allen Treatment Plant at 1:00 & 2:00 p.m.
Tours of ServiCenter at 1:00 & 2:00 p.m.
Tours of wastewater Treatment Plant at 10:00 a.m.
& 2:00 p.m.
Service and Safety Awards for the City of Englewood
Employees at 3:00 p.m •
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May 21
Thursday
May 22
Friday
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Dedication of Fire Station No. 3
4:00 p.a.
Tours of Fire Station after dedication
Tours of Allen Treatment Plant at 1:00 ' 2:00p.m.
Tours of ServiCenter at 1:00 ' 2:00 p.m.
Tours of Nastewater Treatment Plant at 10:00 a.m.
and 2:00 p.m.
Tours of Allen Treatment Plant at 1:00 ' 2:00 p.m.
Tours of ServiCenter at 1:00 ' 2:00 p.m.
Tours of Wastewater Treatment Plant at 10:00 a.m.
and 2:00 p.m.
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P R 0 C L A M A T I 0 N -----------
WHEREAS, public works services provided in our community
are an integral part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of public works
systems and programs such as water, sewers, streets and highways,
public buildings, solid waste collection and snow removal; and
WHEREAS, the health, safety and comfort of this community
greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facili-
ties,as well as their planning, design and construction, are
vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated
personnel who staff public works departments is materially
influenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of
Englewood, Colorado, do hereby proclaim the week of May 17 -23,
1981 as
PUBLIC WORKS WEEK
in the City of Englewood and call upon all citizens and civic
organizations to acquaint themselves with the problems involved
in providing our public works and to recognize the contributions
which public works officials make every day to our health, safety
and comfort.
GIVEN under my hand and seal this 4th day of May, 1981.
Eugene L. Ot~s, Mayor
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MEMO
TO: Mayor Otis and Members of City Council
FROM: Rick DeWitt, Ci ty Attorney
DATE: April 29, 1981
RE: Increasing Penalties for Municipal Offenses
I am enclosing a rought draft of an ordinance designed to increase
penalties for Municipal Ordinance violations from $300 to $999.
I attach hereto a copy of an opinion by the Colorado Municipal
I.eague which leads to the conclusion that home rule municipalities
may impose fines over $300 so long as they are not classified as
a felony. The felony limit commences at $1,000 so the theory is
that $999 would be acceptable.
I have requested staff review of this matter and return of the ir
opinions by May 12, 1981. Hopefully, I will be able to i ncorporate
staff's response to this in a report to you by May 18. Should this
be satisfactory to Council, I would then proceed with an ord i nance
approximately June 1 or June 15, at your · tion.
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Attachments
cc: Andy McCown, City Manager
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ORDINANCE REVIEW SHEET
TO: Andy McCown and Administrative Staff
FROM: Rick DeWitt, City Attorney
Tom Holland, Assistant City Attorney
REQUESTED RESPONSE DATE: ~ I"Z t 11 R )
We hereby request your opinion concerning the above
referenced ordinance, a copy is attached for your review.
Please do not hesitate to contact this office concerning the same.
City Manager's Office
Andy McCown
Rich Wanush
Police Department
Chief Robert Holmes
Finance
Gary Higbee .
John Lowry
Eric Johannisson
Employee Relations
Mel BeVirt
Public Works
Kells Waggoner
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Engineering
Gary Diede I I
Rick Kahm I I
Paul Kapaun I I
Utilities I I
Stu Fonda I~
Waste Water Treatment
Bill Brookshire l-r7f'
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Community Development
Susan Powers IV/
Dorothy Romans 1--v"'i
Gary Pittman 11?1'
Municipal Court c=:J
ozr
Parks and Recreation
Packy Romans I I
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Fire Department
Chief
MtAa<;lf.lt1..-I C~t-f'T .. ,N$ ~ Ea~
0 Library
Sharon Winkle I I
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City Attorneyls Office All Ordinances • Rick DeWitt -tid I • • • Tom Holland -~
( Prosecuting Attorneys
Loretta Huffine LPf" CHA4.tr& /f=•2 ,,.,...,
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BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO.
INTRODUCED BY COUNCIL
SERIES OF 198 _1 __ __
A BILL FOR
MEMBER ______________ _
AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED,
INCREASING PENALTY FOR ORDINANCE VIOLATIONS FROM $300 TO $999.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That Title I, Chapter 1, Subsections20(a) and 20(b) (1),
are amended to read as follows:
1-1-20:
(a) Any person who shall violate any provision of this
ordinance, or any provision of the codes hereby
adopted, shall be fined not more than ~hree h~n~re~
~eiiars ~~399t NINE HUNDRED NINETY-NINE DOLLARS
($999) or imprisoned in ~he ei~y jail not more than
ninety (90) days, or shall suffer both fine and
imprisonment. Each and every violation of the
provisions of this ordinance shall constitute a
separate offense. IN ADDITION, WHEN THE CIRCUMSTANCES
ALLOW OR REQUIR~ THE MUNICIPAL COURT JUDGE MAY IMPOSE
AS PART OF THE PENALTY PROPER RESTITUTION.
(b) The penalties set forth in the Code are as follows:
(1) Sec. 1-2-1. General penalty; continuing violations;
fines and imprisonment.
It shall be unlawful for any person to violate,
disobey, omit, neglect, refuse or fail to comply
with or resist the enforcement of any provision
of this Code or any secondary code adopted
herein, and where no specific penalty is pro-
vided therefor, the violation of any provision
of this Code or of any secondary code adopted
herein shall be punished by a fine not exceed-
ing ~hree h11n~re~ ~eila!!'s ~~399t NINE HUNDRED
NINETY-NINE DOLLARS ($999) or imprisonment for
a term not exceeding ninety (90) days, or by
both such fine and imprisonment, the amount of
such fine or term of such imprisonment to rest
within the discretion of the Municipal Judge.
The imposition of one (1) penalty shall not
excuse any violation nor permit it to continue.
Unless otherwise indicated, a separate offense
shall be deemed committed upon each day or por-
tion thereof during or on which any violation of
any provision of this Code or any secondary code
adopted herein occurs or continues .
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Sec t ion 2. That Ti t le I, Chapter 2, S ection l, is a mended
to r e ad as follows:
l-2-l: GENERAL PENALTY; CONTINUING VIOLA T I ONS;
FINES AND IMPRISONMENT
It shall be unlawful for any person to violate, d i sobey,
omit, neglect, refuse or fail to comply with or resist the
enforcement of any provision of this Code or any secondary
code adopted herein, and where no specific penalty is
provided therefor, the violation of any provision of t hi s
Code or of any secondary code adopted herein shall be
punished by a fine not exceeding ~hree h~sres NINE HUNDRED
NINETY-NINE dollars or imprisonment for a term not exceeding
ninety days or by both such fine and imprisonment, the
amount of such fine or term of such imprisonment to r e st
within the discretion of the Municipal Judge. The imposi-
tion of one penalty shall not excuse any violation nor
permit it to continue. Unless otherwise indicated, a
separate offense shall be deemed comm i tted upon e ach day
or portion thereof during or on which any violation of
any provision of this Code or any secondary code adopte d
herein occurs or continues. THE MUNICIPAL COURT JUDGE
MAY REQUIRE RESTITUTION WHEN, IN THE DISCRETION OF THE
COURT, THE CIRCUMSTANCES ALLOW OR REQUIRE RESTITUTION,
UP TO THE MAXIMUM PENALTY ALLOWED.
Section 3. That T itle XI, Chapter 2, Subsection l2(b) is
repealed and the gene ral penalty provision of t ~ Engl e wood
Municipal Code shall apply.
Section 4. That Title XI, Chapter 11, Subsection 2(c) i s
amended to read as foll o ws:
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(c) Penalty. Any owner or person found guilty o f thei r
dog violating any provisions of this Art i cle shall,
upon the first conviction, be sub j ect to the payment
of a fine of not less than fifteen dollars ($15);
upon the se c ond and subsequent conviction shall
be fined a sum not less than twenty-five dollars
($25 ) nor more than one hundred dollars ($100);
and upon the third and subsequent convictions
sha ll b e fined an amount not less than one hundred
dollars ($100) nor more than ~hree h~~eree eeiiare
~$399t NINE HUNDRED NINETY-NINE DOLLARS ($999)
and be subj e ct to not more than ninety (90) days
in j a i l, or both such fine and imprisonment.
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Section 5 . That Title XI, Chapter 11, Subsection 22(b) is
amended to read as follows:
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(b) Penalty. Any owner or person found guilty of
violating any provision of this Article shall,
upon the f i rst conviction, b e subject to he payment
of a fine of not less than fifteen dollar s ($15);
upon the second and subsequent convict ion shall b
fine d a sum of not less than twenty-f iv d olla rs
($25) nor more than one hundred dollars ($100); and
upon the third and subseq uent convic 1on s s h all
fine d an amount not less than on hundr d dollars
($10 0) nor more than ~hree heft~re~ ~ lier ~ 9+
NINE HUNDRED NINETY-NINE DOLLARS ($9 9) and b
subjec t to not more than nin y (90) d ys 1n Jail ,
or both such fine and imprison n .
6 . That Title XIV, Cha pter 3, Subs cion 4 (b) i s ame nded ~~~~-a~s foll o~:
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(b) Every person convicted of a violation of any pro-
vision stated or adopted in this Ordinance sh all
be punished by a fine not exceeding ~hree hefteree
eeiiare ~~~99+ NINE HUNDRED NINETY-NINE DOLLARS
($999), or by imprisonment not exceeding ninety
(90) days, or by both such fine and imprisonment.
Section 7. That Section 5 of Ordinance No. 24, Series of 1980,
adopting the Uniform Building Code, 1979 Edition, is repealed, the
Englewood Municipal Code general penalty provisions to apply.
Section 8. That Section 4, Ordinance No. 25, Series of 1980,
adopt1ng the Uniform Mechanical Code, 1979 Ed.,is repealed,
the Englewood Municipal Code general penalty provisions to apply.
Section 9. That Section 4, Ordinance No. 26, Series of 1980,
adopt1ng the Uniform Abatement of Dangerous Buildings, 1979 Ed.,
is repealed, the Englewood Municipal Code general penalty
provisions to apply.
Section 10. That Section 4, Ordinance No. 27, Series of 1980,
adopt1ng the Uniform Plumbing Code, 1979 Ed., is hereby repealed,
the Englewood Municipal Code general penalty provisions to apply.
Section 11. That Section 4, Ordinance No. 28, Series of 1980,
adopt1ng the National Electrical Code, 1978 Ed., is hereby
repealed, the Englewood Municipal general penalty provisions to
apply.
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Section 12. Section 5, Ordinance No. 29, Series of 1980,
adopting the Uniform Fire Code, 1979 Edition, is hereby repealed,
the general penalty provisions of the Englewood Municipal Code
to apply.
Section 13. Section 22.9-4 of Ordinance No. 26, Series of 1963,
as amended, adopting a Comprehensive Zoning Ordinance for the
City of Englewood is hereby amended to read as follows:
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TO:
F RO~!:
RE:
DA TE:
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C o lorado Munic i pal League
September 10, 1979
Jan.e Roberts
Terry Marone
Restitution as a penalty for vandalism
September 5, 1979
l. May a home rule municipality enact an ordinance imposing r estitution as a
penalty for vandalism or similar offenses?
Con clu sion
Ho me rule ~unicipalities are given the power to impose p ena lti es for t he viola-
tion of municipal ord inances , and there is no apparent rea son why such penalti~s
may not include restitution.
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2. "Is the $300.00 l imit on fine s for municipal ordina n ce violations, section
31-16-101, C.R.S. 19 73 (Ke p l . vol. 1977), applicablt to ho me rule mun icipali t ies ?
Con clun jon
!lome rul ~: m unicip ali t i~:~ may i mpose f ines over $300.00. Ho wev e r, a home rul e
municipality may n ot impose a penally s o g~:eat that lhe penalty would cause
the onllnance viol ulio n toLe classif1eJ as a felony.
Thc Colo1::1Jo Con s litullon, Article XX, Section 6 , gives ho me rul e municipalities
th e pow er to en:1 ~L a cl lit t"t c r :1nJ orJ i n..tn c cs on •na llc~:s of loc:1l anJ municipal
con c;c ~:n . The same sec t:Jon a l s o p~:uv!Jc s th:1t thi s ch:lt"te~:, anJ the o~:di n:!11Ct!s
cn.h.:tcU pursuanL Ll> J L, shall ~u pc r!...t'lh• titi.ltC l .l w whcrl! .lo cal :uu.l nn Jn!cjpul
matlc r·s ..t rc invulv c J .. -ArtJ .:l " XX , s.,.-c i on IJ (h ) ul the Colut·aJo Con:,L it:ution(
sp..,c ificaily gJves l oum e t"ull! lnu nicl p.J litl e s the aut:ho clt y to lo.:gl ~late u pon:
&:: .... "Tile i 1upn:-.it1oll , e n1orl ~L'IIIcll l anJ c ullcct i ou of f it tt .. .:$ anJ Jh!11~J ltics -
for the viu L ol iun oi uny of t i ll! pt·uvlslon s of the cha rt e r, 01: of
~ny orJin.1w :l· tLJ opled in pur :;ua nt.:l.! of th e charc:cr .... 11
'fhl!rcforc, home rule IIIUllicfpallt:ies a rc !:lVen the ilULhurity tO cna ~L orJin..tnCcS~
on loca l :1nJ munJ cipul matters anJ to impose penalties for the vlol.•tiun of
rhcs~ o~:dlnances. Th~~:e app~ars to be no restriction on the type of penalty a
Su1LI! 204 . 4800 Wai.Jl>worth 8oulevari.J • Wheat A•dge . CO 80033 • !30 31 -: 2 1 -E!fi ~O
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h.• . .Hut tul,• h.uu 'cip .. tltt y '-..a n L.I\.1"-L • a~ loub .. ts JL 1:,. rc.t!'l\ll\Liibl~ a!a d m.Jttcr of r-
g\-lt • II tlu~· l )h U:\.'~.: •. ~ ...... ~t•!..:J.Ll-1! uu ~t!_lli~ t:or'""pu t'.t t juus'(Jd cd , l';,b8) (
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If <I 1 orne rule n1unicipali t y has p o 1.1tr to enact an ordinance on va nJJlisr:>, it
~e~ms to follow that it 1.1 ould havt tht! power to impose a penalty of restituti c n .
The qu<!stion of whether v..tnJ.lli~m is a matter of local concern has appartntly
never been decided by the Colorado courts. On lll<ltters of mixed state anc! locol
concern, home rule municipalities may also enact legislation as long as the
local legislation does not conflict 1.1iLh state statute s . Assault and batt ery
was found to be of mixed state and local concern in City of Aurora v. Martin,
181 Colo. 72, 507 1'. 2d 868 (197J) and shop1ifting of articles und er $100.00
wa s also found to be of mixed co ncern in Quintana v . Edge1.1ater }!uni c ioal Court,
179 Co lo. 90, 498 P. 2d 9Jl (1972). Th e Colorado Supreme Court stat ed in bot~
cases that these offenses are the type which mun ici pal courts could effective ly
handle. It seems as if vandalism would fall into the same category as a matte r
of mixed state and local concern .
Colorado does lwve a statute at 18-4-509, C .R.S. 197J, 1.1hich makes the defaci o ~
of any public or private property a class 2 misderoeanor. However, this does
not preclude a home rule municipality from enacting their own similar orc i nance
and impo11ing a different penalty. In Martin, there was both a municipal ordir..an.:e
and a state statute imposing a penalty-cor-assault and battery. However, the
municipal ordinance proviued the penalty was to be u p to SJOO .OO or nin ety da y ;
imprisonment, or both, wh i lt: the penalty under the state statute was up co
$500.00 or one ytar iwprisonruent or both. The Colorado Supreme Court held tl ~t
the test to determine whether a state statute and a local ordinance conf!ict is
whether "the ordinance authorizes what the state statute forbids or forb i ds '-'i".3 t
the scat<! has expressly authorized." 181 Colo. 75, 507 P. 2d 870. Ther.:fore ,
state s tatute and a lo ca l ordin,lnce may prohibit the sa me conduct but it is
permissible for a ho me rule munic ipa li ty to impose a d i fferent penalty .
There is a limit on 1.1hi ch cr imcs muni c ipal ordinances can punish and l.'hich pe !:.a ltie ~
home rule ruuni cipa lities .:an tnfor ce . Felonies are exc lu s ively within t h.e jur !.s -
diction of the district courts of Co l or..tdo. Colorado Constitution, Article Vl,
Section 9; ~~a_l_tE_. If a crime may be punishcd a s a felony, it is classifi<:ii
a s a felo ny. Clt y __ u_J_~.!__<.!y~;}..!!,!~-~£l.!.!.'_, 168 Oltio :J!I(j , 15 /t N.E. 2d 917 (l9 5S).
Ther efo~:e municipa llLJc:; arc llmite<.l to ena c tln~ ord ina n c ,~s whi c h impose pena::H:s
whi c h a rc less than the penalLJ.~s i mpo sed for state creat~d felonies. Under E.>u sc
Bill 1 5 U<J, 197'1 Colo . Gcm·ra l Asse ntbly , t:f fcc tlv c Jul y 1, 1\1/9, whi ch a m.:nds
C.ll.S . 197J, sections JU-l-1U5 (1) (J) an d (b), the mi nimu m p e n al ty for ..1 felo r.::
is six mo nths imprisonment. Thlls a home rule munic ipality apparently ma y not
i u1p o "c a penalty for six mouths impri so n ment or lon ~er, but th is would no t pr event
a h ome rule ntuni.:lp.t llLy I r unt en u c t iu~ an oruinancc r '-''lll lrin t; t·es tltution. ~~
So.!ctiun ]1 -16-lUI, C.l(.!;. l 'J /J (t(,•pl. vol . 1!1 77) g Jv ,·s muut c lp.tltLl cs tlt c po1..·,c ,
to :;e t lino.!S for vJul.tLi uu :; ol ur<.liu .llt <:"" up tu SJ UU .UU. Jn sc.:ction Jl-l-101 (~
C.R .S . 197) (l'J7U ltvt>l· vol.), <1 muutdp.tllly is uc•fine<.l to ln c ludc statutory
cities an<.l LOI.'n s auJ ltunte 1 ·ul~ c·iLJ.:s an<.l towns. l!uYeVcr, 31-1-102, C.R.S. 1~
(Rcq Jl. vul. 197 U) :.1.11,·:.:
"lL is the lnL•·nt of thl' t;elh:I'Jl assembly that the pt·ovisions of this}
title lihall Jpply Lu hume rule municipalities except insofar as supcr-
t~tded by ehartet· ur orJll\auce.... The ~encral assctnhly further dtclar.:s
that in Lite re.:odit' J.:.Jl ion oi this title anJ ill the u!.ie of thc ten~
'municipality' ill this title; there is no lcgislativ~ lntt."nt to affect
or modify thc ..tppll<:<Hlun of the pruvisious of thb tltl..: with re:.;.>cct
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"flu lct;ll.!Jtut·c hJ:. nut <.l~!<:lJr<:d t he limit on the a tno unt of f ines to b., a {
,.._,tlct of stJtcwld.: couccn>. furthermore, the Colorado Coustilution, Article '
XX, Se c tion 6(h) which ~ives home rule raunicipaliti.:~> the powl!r to liet pO!rullt ic:.
Cur ordiuance viol.ttions duo:& not contain a li~aJ.tation on thO! a1110unt of tho: ·'
pcnJlty. ~heac fact& and tho exclusion in 31-1-102, C.R.S. 1973 (RO!pl . val. 1977 )
lice:• to lndicate that lw•e rulO! •unicipalities aMy supersede the $300 .00 limit.
A ai•ilo~r $300.00 li•it on fin•• for violations of municipal ord inances ia found
in 13-lD-113, C.I.S. 1973 (Rvpl. vol . 1977). However, section 13-10-103, C.R.S.
1973 (l•pl. vol. 1977) apecifically atatca that this limit m&y be superseded by
a he.. rul• city.
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MEMO
TO: Mayor Otis and Members o f City Council
FROM: Ri ck DeWitt, Ci ty Attorney
DATE: April 29, 1981
RE: Increasing Penalties for Municipal Offenses
I am enclosing a rought draft of an ordinance designed to increase
penalties for Municipal Ordinance violations from $300 to $999.
I attach hereto a copy of an opinion by the Colorado Municipal
League which leads to the conclusion that home rule municipalities
may impose fines over $300 so long as they are not classified as
a felony. The felony limit commences at $1,000 so the theory is
that $999 would be acceptable.
I have requested staff review of this matter and return of their
opinions by May 12, 1981. Hopefully, I will be able to incorporate
staff's response to this in a report to you by May 18. Should this
be satisfactory to Council, I would then proceed with an ordinance
approximately June 1 or June 15, at your · tion.
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Attachments
cc: Andy McCown, City Manager
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ORDINANCE REVIEW SHEET
TO: Andy McCown and Administrative Staff
FROM: Rick DeWitt, City Attorney
Tom Holland, Assistant City Attorney
REQUESTED RESPONSE DATE 1 ~ !"Z I 11 $' )
We hereby request your opinion concerning the above
referenced ordinance, a copy is attached for your review.
Please do not hesitate to contact this office concerning the same.
City Manager's Office
Andy McCown
Rich Wanush
Police Department
Chief Robert Holmes
Finance
Gary Higbee .
John Lowry
Eric Johannisson
Employee Relations
Mel BeVirt
Public Works
Kells Waggoner
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Engineering
Gary Diede I I
Rick Kahm CJ
Paul Kapaun I I
Utilities I I
Stu Fonda cd
Waste Water Treatment
Bill Brookshire CP2'
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Community Development
Susan Powers tv!
Dorothy Romans tl?"'i
Gary Pittman {I?{
Municipal Court
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Parks and Recreation
Packy Romans I I
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Fire Department
Chief
~AtZS tfJtL-/ C lt-fj T_,,_, S ~ Ef2~
Library
Sharon Winkle I I
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City Attorneyls Office All Ordinances
Rick DeWitt -iii I • • Tom Holland &7 ( Prosecuting Attorneys
Loretta Huffine iP:7 CHA~LI,; t;.-2,,.. .....
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BY AUTH ORITY
ORDINANCE NO. COUNCIL BILL NO.
INTRODUCED BY COUNCIL
MEMBER
SERIES OF 198 _1 __ __
A BILL FOR -----------------
AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED,
INCREASING ~ENALTY FOR ORDINANCE VIOLATIONS FROM $300 TO $999.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That Title I, Chapter 1, Subsections20(a) and 20(b) (1),
are amended to read as follows:
1-1-20:
(a) Any person who shall violate any provision of this
ordinance, or any provision of the codes hereby
adopted, shall be fined not more than ~hree h~ftdred
~eiiers ~$399t NINE HUNDRED NINETY-NINE DOLLARS
($999) or imprisoned ift ~he ei~y ;aii not more than
ninety (90) days, or shall suffer both fine and
imprisonment. Each and every violation of the
provisions of this ordinance shall constitute a
separate offense. IN ADDITION, WHEN THE CIRCUMSTANCES
ALLOW OR REQUIR~ THE MUNICIPAL COURT JUDGE MAY IMPOSE
AS PART OF THE PENALTY PROPER RESTITUTION.
(b) The penalties set forth in the Code are as follows:
(1} Sec. 1-2-1. General penalty; continuing violations;
fines and imprisonment.
It shall be unlawful for any person to violate,
disobey, omit, neglect, refuse or fail to comply
with or resist the enforcement of any provision
of this Code or any secondary code adopted
herein, and where no specific penalty is pro-
vided therefor, the violation of any provision
of this Code or of any secondary code adopted
herein shall be punished by a fine not exceed-
ing ~hree h~ftdred deiiars ~$399t NINE HUNDRED
NINETY-NINE DOLLARS ($999) or imprisonment for
a term not exceeding ninety (90) days, or by
both such fine and imprisonment, the amount of
such fine or term of such imprisonment to rest
within the discretion of the Municipal Judge.
The imposition of one (1) penalty shall not
excuse any violation nor permit it to continue.
Unless otherwise indicated, a separate offense
shall be deemed committed upon each day or por-
tion thereof during or on which any violation of
any provision of this Code or any secondary code
adopted herein occurs or continues .
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Section 2 . That Title I, Chapter 2, Section 1, is amended
to read as follows:
1-2-1: GENERAL PENALTY; CONTINUING VIOLATIONS;
FINES AND IMPRISONMENT
It shall be unlawful for any person to violate, disobey,
omit, neglect, refuse or fail to comply with or resist the
enforcement of any provision of this Code or any secondary
code adopted herein, and where no specific penalty is
provided therefor, the violation of any provision of this
Code or of any secondary code adopted herein shall be
punished by a fine not exceeding ~hree haneree NINE HUNDRED
NINETY-NINE dollars or imprisonment for a term not exceeding
ninety days or by both such fine and imprisonment, the
amount of such fine or term of such imprisonment to r est
within the discretion of the Municipal Judge. The imposi-
tion of one penalty shall not excuse any violation nor
permit it to continue. Unless otherwise indicated, a
separate offense shall be deemed committed upon each day
or portion thereof during or on which any violation of
any provision of this Code or any secondary code adopted
herein occurs or continues. THE MUNICIPAL COURT JUDGE
MAY REQUIRE RESTITUTION WHEN, IN THE DISCRETION OF THE
COURT, THE CIRCUMSTANCES ALLOW OR REQUIRE RESTITUTION,
UP TO THE MAXIMUM PENALTY ALLOWED.
Section 3. That Title XI, Chapter 2, Subsection 12(b) is
repealed and the general penalty provision of the Englewood
Municipal Code shall apply.
Section 4. That Title XI, Chapter 11, Subsection 2(c) is
amended to read as follows:
11-11-2
(c) Penalty. Any own er or person found guilty of thei r
dog violating any provisions of this Article shall,
upon the first conviction, be subject to the payment
of a fine of not l e ss than fifteen dollars ($1 5);
upon the se cond and subsequent conviction shall
b e fined a sum not less than twenty-five dollars
($25) nor more than one hundre d dollars ($100);
and upon the third and subsequent convictions
shall be fined an amount not less than one hundred
doll a rs ($100) nor more than ~hree h~fteree eei!are
~$399t NINE HUNDRED NINETY-NINE DOLLARS ($999)
and be subject to not more than ninety (90) days
in jai l, or both such fine and imprisonment.
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Section 5. That Title XI, Chapter 11, Subsection 22(b) is
amended to read as follows:
11-11-22
(b) Penalty. Any owner or person found guilty of
violating any provision of this Article shall,
upon the first conviction, be subject to the payment
of a fine of not less than fifteen dollars ($15);
upon the second and subsequent conviction shall be
fined a sum of not less than twenty-five dollars
($25) nor more than one hundred dollars ($100); and
upon the third and subsequent convictions shall be
fined an amount not less than one hundred dollars
($100) nor more than ~hree h~sres seii~r~ ~$3eet
NINE HUNDRED NINETY-NINE DOLLARS ($999) and be
subject to not more than ninety (90) days in jail,
or both such fine and imprisonment.
Section 6. That Title XIV, Chapter 3, Subsection 4(b) is amended
to read as follo~:
14-3-4
(b) Every person convicted of a violation of any pro-
vision stated or adopted in this Ordinance shall
be punished by a fine not exceeding ~hree h~ftsres
seii~r~ ~$399t NINE HUNDRED NINETY-NINE DOLLARS
($999), or by imprisonment not exceeding ninety
(90) days, or by both such fine and imprisonment.
Section 7. That Section 5 of Ordinance No. 24, Series of 1980,
adopting the Uniform Building Code, 1979 Edition, is repealed, the
Englewood Municipal Code general penalty provisions to apply.
Section B. That Section 4, Ordinance No. 25, Series of 1980,
adopting the Uniform Mechanical Code, 1979 Ed.,is repealed,
the Englewood Municipal Code general penalty provisions to apply.
Section 9. That Section 4, Ordinance No. 26, Series of 1980,
adopt~ng the Uniform Abatement of Dangerous Buildings, 1979 Ed.,
is repealed, the Englewood Municipal Code general penalty
provisions to apply.
Section 10. That Section 4, Ordinance No. 27, Series of 1980,
adopt~ng the Uniform Plumbing Code, 1979 Ed., is hereby repealed,
the Englewood Municipal Code general penalty provisions to apply .
Section 11. That Section 4, Ordinance No. 28, Series of 1980,
adopt~ng the National Electrical Code, 1978 Ed., is hereby
repealed, the Englewood Municipal general penalty provisions to
apply.
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Section 12. Section 5, Ordinance No. 29, Series of 1980,
adopting the Uniform Fire Code, 1979 Edition, is hereby repealed,
the general penalty provisions of the Englewood Municipal Code to apply.
Section 13. Section 22.9-4 of Ordinance No. 26, Series of 1963,
as amended, adopting a Comprehensive Zoning Ordinance for the
City of Englewood is hereby amended to read as follows:
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1_. Colorado Mun icipal League ,//i; I
September 10, 1979
TO: Jan~ Roberts
FR0~1: Te rry Maron e
RJ::: Restitution as a penalty for vandalism
DATE : September 5, 1979
1. May a home rule municipality enact an ordinance imposing restitution as a
penalty for vandalism or siwilar offenses?
Co nclusion
Home rule ~unicipalities are given the power to impos e p enalties for t he viol a-
tion of municipal ordinances, and there is no apparent reason why such p enaltie s
may not include restitution.
I ss u e
2. ·r s the $300.00 limit on fines for municipal ordinan ce vio lations, section
31-16-101, C.R.S. 1973 (Kc p l. vol. 1977), applicable to h ome rule municipali ti es?
Conclu5lon
Hom e rule municipalities ma y impos e fines over $300.00.
municirality may n ut impus.., a penall y s o ~:reat that lhl!
the ordinance violu t ion to Le cla ,;sif il!d as a f elo ny.
Ho weve r, a home rul e
penalty would cause
The Colorado Con ;;t i tutlun, Article XX, Section 6, give;; ho me rule municipalitie s
th.: po...,c r to ena c.:t a cha rt er anJ ot·d i n.Jnces on matters of lo c.:al a nJ municipal
con c.:..,r n. Tlu! sam., Sl!C Lion a );;o pruv!Jl!s that this charter, anJ th e ordinanccs
cno~ctcU pursuant L tl J L, !;IU&J I ~uper~l'~h· titate l.nJ where lu c~ 1 ;uu.J nn1nlcj lJi-1 t
lll.lll .:l·,, .1 r e tn vulv.,J .. -ArtJ vl " XX , Sc,·tton b (h) u( th e Col u t·:.Jo Cun:.tlt utl o n(
s pc<:tflc.tlly ~lV l!S hume r ule mu nl<.:lp.l!itles the authoclty to leg islate u pun:
t'h "The 1111posit tun, t.!ll lnrccmt..:nl .1nJ cullcctlOil o( ftuc~ LlnJ p t!n~lltil.!s -
!or the Vlul.111un ui uny uf: Lh c pt·uvi>;ions of the c.:har L'-'r , or of
a n y orJiiJ.Htt :'-' aJ uptc\l 1n JHJI"!i ti~UH.::c of the chartL"ro 0 0 o"
'l'hl!rcforc, homl! rull! n•uu i c lpalities a re given Lhc author it y LO cnac.:L ordin..1n cc s~
o n local and muuJcifl..ll matters aud t o impose penalties for the vio!.otiun of
thesoe orJin;lnces. There appears to be no restriction on the type uf penalty a
SUILI:! 204. 4800 Wall~worth Boulevdrd • Wheat Rodge . CO 80033 • C3 03J .: 2 1 -Ofi~O
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l~u a.u ud t tu uulllp~ll l Y '-... 'u cn.l,l , .. H .. l o n • ~s i L i::, rc,&~o u .Jb l t! a!a d ma cc c.=r \>f ~
!:•·" • •I duo• t•r•h ,.,,,,, ~. ,. ~!l.•.'JJ.Ll~ 011 !.l'.!..'.!.lc:2..1~ Cor-pur.t t l ull!i ' ()J cd , 1 968) (
!><'•llllll 1/.lJ.
l f ,, h o me cul~ mu n icipa li t y has po ~oo~.:r to e na c t a n ord i n a n c e o n vand .l lisr.>, i t
~e ~ms t o follow that it 1.1ou l d hove t h e po1.1 e c to i mpose a p~na l ty of r ~s t i tuti c n.
T h e qu e,;tion of whetlu~r vandali~•n is a matter of loc al conc ern h a s appa r t!n t l y
nev e r b.:e n dccidl.!d by the Colorado c ourts. On I'IIOltters of mixed s t a t e anc loc al
co nc ~cn, home rule municipalities may also enact le~islation as long a s the
l o c a l les lslation doe s not con f l ic t with state statut e s. As sault and b a tt e r y
1.1a s found to be of mixed state •uul local concern in City of Aurora v. Ha rt i n,
181 Colo. 72, 507 i'. 2d 868 (197J) a nd shop'lift i ng of articles und e r SlOO.OO
wa s a l so found to be of mix.:d conc~rn in Qu i ntana v. Edg e 1.1ater ~!uni ci o al Co u r t,
179 Colo. 90, 498 P. 2d 9Jl (1972). The Colorado Supreme Court stated in bot ~
ca ses that these offenses are the type which municipal courts could effec tiv e l y
handle. It seems as if vandalism would fall into the same category as a matt e r
of mix e d state and local concern.
Colorado does l~ve a statute at 18-4-509, C .R.S . 1973, which makes the defacin s
of any public or private property a class 2 misdemeanor . However, this does
not preclude a home rule municipality from enacting their own similar orcinance
and imposing a different penalty. In ~tartin, there was both a municipal ordir..an <:e
and a state statute imposing a penalty foe assault and battery. However, the
municipal ordinance provided the penalty was to bl.! up to $300.00 or ninet y d a y5
imprisonment, or both, ~oo~hilt: the penalty under the state statute ~oo~a s up to
$500 .00 or one yt:ar impr i sonment or both. The Colorado Sup r em e Court he l d t ha t
the test to determine ~oo~htothoH a state statute and a local ordinance conf!.ict i 5
whether "the ordinance authorizes ~oo~hat the state statute forbids or forb i ds ~oo~r . .o t 1
the state has expressly authorized." 181 Colo . 75,507 P. 2d 870 . Ther t:f ore,
state s tatute and a lo c al ordinan<:e may prohibit th e s ume conduct but it is
permissible for a home rule municipality to impose a different penalty.
There is a limit on ~oo~hich crimt!S munic ipal ordinances can pun is h and ~oo~hich p e !'..a lcie s
hom e rule muni c ipa lities c an enfor ce . Felonies arc exclus ively 1.1ithin th e jur :.,;-
diction of the distric t c ourts of Colorado. Colorado Constit u t i on, Article VI ,
Sl.!ction 9; ~.!:_li_I.'E_· If a c ri me ma y be punished as a felony, it i s classifi.:O:
as u fdony . Cil y __ u_(_~_l.!:Y ~').:_!!t_d_~l_l:_;_, 1(,8 Oh io :itJ6, 1 51, N.E . 2d 917 (1958 ).
Therefore municipulitJe :; IHc J.i mi t ..:d to enucting ord i nances 1.1 h i c h impose pena::i.::s
1.1hi c h are less thun the penu lth•s i mp o sed f or stat e .:re <~te d f elo nil.!s . Under E.>u,;e
Bill 1 5 U9, 1979 Colo . G ct~•·rol Asse mbl y , ef f e c tive July 1, 19 /9 , which am.;nds
C.H.S. 1973, section s lU-1 -iU ) (l) (,t) and (b), tho.: mi niut u m p e n a lty for a f elor:::
is six months imprisonment. Thus a h o me rule municipality appa rently may not
iutpo s c a penalty for si x uo o11Lit t. impr is onment or longt:r, but th i s 1.1ould not prc·:ent
a !tome rule nouni.:ip a llt y I r u m ena.:L ing "" ord i 11 a n c e r o.:qulr i n ~,; r es ti t ution. ~~
S cc r i ull ]1-16-101, C.lt.!;, l'J/l (1(,•1'1 · V•>i . 1~77) glv<·s llll ll li c l p.t tili cs t h<! po..:,·~ .
to ue t l in es f or vJ ul.o t i u n•; u l u r dill a lll.:o.:s Ul' tu $)UU.OU. I n s cc tio11 )1-l-101 ('
C .ll.S. 1 9 7 ) (l'J7U ll <·pl. v u l.), "mu 11 i dp.tl i Ly l s <.kfi11ed to inc lud e st a tut o ry
ci t i es and tow n s a11d lt uu te nlle l 'il Jcs and tu~oo~ns. llo1..1eVo.:L·, )1-1-10 2 , C .R.S. lC,~
(ltc p l . vul. 197 tJ) :.l.tl•·•·:
"lt is the llll<'lll o f tl"' ~,;cno:rol assembly that the pt·ovision u of this}
title shall ..1pply tu ltumc rule municip.1lities except insofar as super-
elt:dl.!d by c hartet· or ordinanc e .... The general asso:mhly furtho:c dt:.:larcs
that in lite r~<:udll'Jc.lliun ul this titll.! and in the u ,;c of the term
'municipality' in this titl.,; thcrt! is no lcgislatlv~ int.-nt to affect
or moJify the dtJI'li<:atlun of the pruvisiuns of thls L i tle ~oo~ith res;>ect
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t'' pt ,·,:l:lp L t,,n uf hum ... · J ul..: ....
Tt., lq;t,l.Hur<.: h.J:. nut Jc<.l.Jr<:<l the lLmit on the aonounc of fin es to b., a [,
'"·ll l<.:L of »t..ot<.:l.li<.lc: cun.:cnt. fu rt h<.:rmurc , th<.: Color o~do Con»tilutio n, Article
XX , Sc c l1un 6(h) whi ch ~:;ivl!s honoe r ule: municlp.Jliti.:s tht! power to set p en<llti ·:..
f ur urdtn;o u .:e vio1.Jtions <.lues noc conc;oin a 1lulit<ltion un the <lmount of tlo c
P<'ll.Jlly . )Thew .. facts and the exclu wi on in 31-1-102, C.k.S. 1973 (ltepl. vo l. 197 7)
sct:m to Lndicate that home rule municipalities ~~~ay supersede th&< $300.00 luuit.
A simil.Jr $300.00 limit on fines for violations of municipal ordinances is found
in 13-10-113, C.R.S. 1973 (Rcp1. vo1. 1977). However, section 13-10-103, C.R.S.
1973 (Repl. vol. 1977) specifically states that this limit may be supersedtd by
a homl! rule city.
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MEMO
TO: Mayor Otis, Mayor Pro Tern Bradshaw, and
Members of City Council
FROM: Rick DeWitt, City Attorney
DATE: April 28, 1981
RE: Gold and Silver Exchanges
Mayor Pro Tern Bradshaw has requested that I prepare an ordinance
regulating gold and silver exchanges. I am enclosing a proposed
draft for your information.
I have sent this on to the administrative staff for their
The requested response date on this ordinance is May 12.
may be somewhat rapid for a thorough review by the staff.
advise you of their response.
review.
This
I will
I am somewhat concerned about new legislation at the State level.
As you are probably aware, Robert Gallagher, District Attorney
for Arapahoe County and the Eighteenth Judicial District, is
proposing a Senate Bill along similar lines. There is a significant
problem with this legislation in that it usurps the authority of
local governmental units to adopt such ordinances. The reason I
say this is in one section of the proposed Bill, specific authority
is given the local governmental units to adopt stricter provisions
than the State legislation. However, in another provision, that
dealing with penalty, a violation of the State legislation makes
the act a Class Five felony. Local governments cannot legislate
in the area of felonies. Therefore, there is some question
whether the City will have authority in this area. I have dis-
cussed this matter with Roger Allott and he indicates there is a
desire on their part to preempt local governmental entities from
legislating this area. However, the legislation expresses a
contrary philosophy. I will pursue the aspect of clarifying
this legislation and will report to you the limitations that the
City may have in this area. Possibly by expanding the scope of
the ordinance, it would be brought out from under any prohibition
created by this proposed State legislation.
Should you have any questions
not hesitate to contact me.
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cc: Andy McCown, City Manager
Robert Holmes, Police Chief
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ORDINANCE REVIEW SHEET
TO: Andy McCown and Administrative Staff a;zr
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FROM: Rick DeWitt, City Attorney
Tom Bolland, Assistant City Attorney
RE:---IIJ!Jlw~~aJ~~::::::::..:· i:...__·· ·~~-=--....:::....-?F-=----
REQUESTED RESPONSE DATE : _ _,_~...:..:lo~11--J.l....::2==+-J ...Ll~ ~-4~~~------
We hereby request your opinion concerning the above
referenced ordinance, a copy is attached for your review.
Please do not hesitate to contact this office concerning the same.
City Manager's Office
Andy McCown
Rich Wanush
Police Department
Chief Robert Holmes
Finance
Gary Higbee .
John Lowry
Eric Johannisson
Employee Relations
Mel BeVirt
Public Works
Kells Waggoner
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Engineering
Gary Diede
Rick Kahm
Paul KapaWl
Utilities
Stu Fonda
Waste Water Treatment
Bill Brookshire
CommWlity Development
Susan Powers
Dorothy Romans
Gary Pittman
MWlicipal Court
Parks and Recreation
Packy Romans
Fire Department
Ch~ef
LiJrary
Sharon Winkle
City Attorneyts Office
Rick DeWitt
Tom Holland
Prosecuting Attorneys
Loretta Huffine
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All Ordinances
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ORDINANCE NO.
SERIES OF 198_1 __ __
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO.
INTRODUCED BY COUNCIL
MEMBER :Ba.t.03l1~W
AN ORDINANCE ESTABLISHING CHAPTER 16 OF TITLE XI OF THE ENGLEWOOD
MUNICIPAL CODE 1969 CONCERNING THE PURCHASE OF VALUABLE ARTICLES,
REQUIRING A HOLDING PERIOD, NOTICE TO THE ENGLEWOOD POLICE DEPARTMENT
AND PROVIDING FOR A BUSINESS AND OCCUPATIONAL FEE.
WHEREAS~ the City Council hereby finds and determines
that law enforcement officials are hindered in the identification
a~d recovery .. q,f . stolEm ·valuable articles due to the ease with
whic~ such articles are transferred to and disposed of by third
parties: and
WHEREAS, the City Council further finds and determines
that law enforcement officials are hindered in the discovery and
identification of persons selling stolen valuable _articles due
to the absence of any record-keeping system by persons purchasing
valuable articles: and
WHEREAS, the City Council, by enacting this article,
seeks to aid law enforcement officials in the discovery and
identification of sellers of s ·tolen valuable articles and in the
identification and recovery of stolen valuable articles by pro-
viding a mandatory record-keeping and reporting _system by purchasers
and by providing a holding period during which ·such articles may
not be altered or disposed of •
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
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Section 1. Chapter 16, Title XI, entitled "Purchase of Valuable
Articles• is hereby added to the Englewood Municipal Code of 1969,
as amended, to read as follows:
11-16-1: PURCHASE OF VALUABLE ARTICLES
Definitions. As used in this article, unless the context
otherwise requires:
<1> "Purchase" means giving money to acquire any
valuable article. "Purchase" does not include the
exchange of a valuable article for another valuable
article.
(2) "Purchaser" means any person holding himself out
to the public as being engaged in the business of
buying valuable articles or any person who purchases
five or more valuable articles during any thirty-day
period. "Purchaser" does not include a person purchas-
ing valuable articles from a retail or wholesale merchant t
who deals in goods of that kind.
(3) "Seller" means any person offering a valuable
article for money to any purchaser.
(4) "Valuable article" means any tangible personal
property consisting, in whole or in part, of precious
or semiprecious metals or stones.
11-16-2: PURCHASER TO IDENTIFY SELLER
(1) No purchaser shall purchase any valuable article
without first securing adequate identification from the
seller. The type and kind of identification shall be
limited to the following:
(a) A valid Colorado driver's license;
(b) An identification card ·issued in accordance with
Section 42-2-402, C.R.S. 1973;
(c) A valid driver's license containing a picture
issued by another state;
(d) a military identification card;
(e) A valid passport; or
(g) an alien registration card.
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11-16-3: PURCHASES PROHIBITED
No purchaser shall purchase any valuable article
from any person under the age of eighteen years or
from any person under the influence of alcoholic beverages
r drugs or from any person who has sold any valuable
article to the purchaser within the previous 30 days •
ll-6-4: PURCHASER TO MAINTAIN RECORDS
(l) Every purchaser of valuable articles shall keep a record
on a form provided by the Englewood Police Department on which
he shall enter the following information:
the name, address, and age of the seller and his driver's
license number or other I.D. number from any other
allowed form of identification pursuant to section ll-16-5,
the date and place of the purchase; an accurate and
detailed account and description of the valuable articles
being purchased, including, but not limited to, any
identification or serial numbers on such articles and a
description by weight and design of such articles.
(2) The seller shall sign his name on such record.
(3) Such record shall be made available to any law
enforcement officer for inspection at any reasonable
time.
(4) The record need not be kept longer than three years
after the date of the purchase of the valuable articles
described therein.
11-16-6 HOLDING PERIOD
A purchaser shall hold all valuable articles within the
state for a period of thirty days from the date of purchase,
during which time the valuable articles shall be held
separate and apart from any other purchased articles and
shall not be changed in form or altered in any way. The
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purchaser shall permit any requesting law enforcement officer
to inspect the valuable articles during the thirty-day period.
11-16-7: REPORTS REQUIRED
(1) Every purchaser of valuable articles shall provide the
local law enforcement agency, on a weekly basis, with two copies
of the records of all valuable articles purchased during the
preceding week. The Chief of Police shall designate the day of
the week on which the records shall be submitted.
11-16-8: BUSINESS AND OCCUPATION FEE
There is hereby imposed on each person or entity transacting
business as a purchaser of valuable articles as defined in this
chapter a business and occupation fee of $250 per annum to be
paid annually.
(a) Such fees shall be due and payable to the Director of
Finance on or before each consecutive twelve-month period.
(b) Upon receipt of said fee, the Director of Finance shall
issue a receipt showing the name of the person or entity
paying the same, the annual twelve-month period for
which the fee is paid, and the location of the business,
which receipt shall at all times through the said year
be kept posted in a conspicuous place on said premises.
11-16-9: APPLICABILITY.
The provisio.ts of this article shall not apply · to
private collectors purchasing collectors' items from
other private collectors or from businesses engaged in
selling collectors' items. For the purpose of this
section, a "private collector" is an individual who
purchases an item for a price greater than the prevailing
market price of the item's metallic or stone composition,
who has an interest in preserving the item in its unique
or historical form, and whose primary purpose in purchas-
ing is not the immediate resale of the item .
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11-16-10: SEVERABILITY
If any provision of this article or the application
thereof to any person or circuaatances is held invalid,
such invalidity shall not affect the other provisions
of this article which may be given effect without the
invalid provision or application, and, to this end, the
provisions of this article are declared to be severable.
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MEMO
TO : Mayor Otis, Mayor Pro Tern Bradshaw, and
Members of C ity Co uncil
FROM: Rick DeWit t , City Attorney
DATE: Apri l 28, 198 1
RE: Gold and Silver Ex c hanges
Mayor Pro Tern Brad shaw h a s requested that I prepare a n ordinan ce
regulating gold and s ilve r exchanges. I am enclosing a propo e d
draft for your i n formation.
I have sent this on to t he administrative staff for the ir
The requested res p on se da te on this ordinance is May 12.
may be somewhat r apid fo r a thorough review by the staff.
advise yo u of thei r r espo nse .
r ev1 ew.
This
I will
I am somewhat con cerned about new legislation at the State level.
As you are probab ly aware, Robert Gallagher, District Attorney
for Arapahoe County a nd the Eighteenth Judicial District, i s
p roposing a Senate Bill a long similar lines. There is a significant
problem with thi s legislation in that it usurps the author ity of
local governmental un its to adopt such ordinances. The rea son I
say this is in one se c~i on of the proposed Bill , spec ifi c a u hori t y
i s g i ven the loc al governmental units to adopt stricter provision s
than the State leg islation. However, in another provision, that
dealing with penalty, a violation of the State legislation makes
t h e act a Class Five fe l ony. Local governments cannot legis late
in the area of f elonies . Therefore, there is some question
wheth er t h e C ity will have authority in th i s area. I have d is-
cus sed this matter with Ro g er Al lot t and he indi c ates there is a
desire o n t he ir pa r t to p reempt local governmental entities from
legisl a t i n g t his area. Ho we v e r, the legislation expresses a
contrary philosophy. I will pursue the aspect of clarifying
t his legislation and wil l r epo r t to you the limitations that t he
Ci ty may have in th i s area. Possibly by expanding the scope of
the ordinance, i t would be brought out from under any prohibition
c reated by this prop ose d State legislation.
Should you have any q u e stions
not hesitate to c ontact me.
bb
cc : Andy McCown, City Manager
Robert Holme s, Police Chief
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ORDINANCE REVIEW SHEET
TO: Andy McCown and Administrative Staff
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FROM: Rick DeWitt, City Attorney
Tom Holland, Assistant City Attorney
RE:--"";iw~......____aJ~~~-t_ .. _~ -+~~~---
REQUESTED RESPONSE DATE :-..a.~...:.-...o...,.~l-'2=-ij-'\'-~~X+( ------
We hereby request your opinion concerning the above
referenced ordinance, a copy is attached for your review.
:' Please do not hesitate to contact this office concerning the same.
City Manager's Office
Andy McCown
Rich Wanush
Police Department
Chief Robert Holmes
Finance
Gary Higbee
John Lowry
Eric Johannisson
Employee Relations
Mel BeVirt
Public Works
Kells Waggoner
LEf
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Engineering
Gary Diede
Rick Kahm
Paul KapaWl
Util ities
Stu Fonda
Waste Water Treatment
Bill Brookshire
CommWlity Development
Susan Powers
Dorothy Romans
Gary Pittman
MWlic ipal Court
Parks and Recreation
Packy Romans
F i r e Department
Ch ~ef
Li~rary
Sharon Wi nkle
City Attorneyls Office
Rick DeWitt
Tom Bolland
Prosecuting A·ttorneys
Loretta Huffine
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c::it o\Q.LI..~ 'i-fl..'""' """'-
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All Ordinances
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ORDINANCE NO.
SERIES OF 198_1 __ __
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO.
INTRODUCED BY COUNCIL
~ERJB~&OS~~vj
AN ORDINANCE ESTABLISHING CHAPTER 16 OF TITLE XI OF THE ENGLEWOOD
MUNICIPAL CODE 1969 CONCERNING THE PURCHASE OF VALUABLE ARTICLES,
REQUIRING A HOLDING PERIOD, NOTICE TO THE ENGLEWOOD POLICE DEPARTMENT
AND PROVIDING FOR A BUSINESS AND OCCUPATIONAL FEE.
WHEREAS~ the City Council hereby finds and determines
that law enforcement officials are hindered in the identification
a~d recovery .. ~f .stolen ·valuable articles due to the ease with
whic~ such articles are transferred to and disposed of by third
parties; and
WHEREAS, the City Council further .finds and determines
that law enforcement officials are hindered in the discovery and
identification of persons selling stolen valuable _articles due
to the abse~ce of any record-keeping system by persons purchasing
valuable articles; and
WHEREAS, the City Council, by enacting this article,
seeks to aid law enforcement officials in the discovery and
identification of sellers of stolen valuable articles and in the
identification and recovery of stolen valuable articles by pro-
viding a mandatory record-keeping and reporting _system by purchasers
and by providing a holding period during which"such articles may
not be altered or disposed of •
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO:
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Sec tion 1. Chapter 16, Title XI, entitled "Purchase o f Valuable
Art i cles• i s hereby added to the Englewood Municipa l Code of 1 9 69,
as amended, to read as follows :
11-16-1: PURCHASE OF VALUABLE ARTICLES
De finitions. As used in this article, unle s s the contex t
otherwise requires:
<1> "Purchase" means giving money t o a c quire any
v a luable article. "Purchase" does not include t he
exchange of a valuable article for another valuable
article.
(2) "Purchaser" means any person ho lding himself out
to the public as being engaged in the business of
buying valuable articles or any person who purchases
five or more valuable articles during any thirty-day
period. "Purchaser" does not include a person purchas-
ing valuable articles from a retail or wholesale merchant t
who deals in goods of that kind.
(3) "Seller" means any person offering a valuable
article for money to any purc haser.
(4) "Valuable article" means any tangible personal
property consisting, in whole or in part, of precious
or semiprecious metals or stones.
11-16-2: PURCHASER TO IDENTIFY SELLER
(1) No purchaser shall purchase any valuable article
without first securing adequate identification from the
seller. The type and kind of identification shall be
limit ed t o the following:
(a) A valid Colorado driver's license;
(b) An identification card ·issued in accordance with
Section 42-2-402, C.R.S. 1973;
(c) A valid driver's license containing a picture
issued by another state;
(d) a military identification card;
(e) A valid passport; or
(g) an alien registration card.
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11-16-3: PURCHASES PROHIBITED
No purchaser shall purchase any valuable article
from any person under the age of eighteen years or
from any person under the influence of alcoholic beverages
r drugs or from any person who has sold any valuable
article to the purchaser within the previous 30 days •
11-6-4: PURCHASER TO MAINTAIN RECORDS
(1) Every purchaser of valuable articles shall keep a record
on a form provided by the Englewood Police Department on which
he shall enter the following information:
the name, address, and age of the seller and his driver's
license number or other I. D. number from any other
allowed form of identification pursuant to section 11-16-5,
the date and place of the purchase; an accurate and
detailed account and description of the valuable articles
being purchased, including, but not limited to, any
identification or serial numbers on such articles and a
description by weight and design of such articles.
(2) The seller shall sign his name on such record.
(3) Such record shall be made available to any law
enforcement officer for inspection at any reasonable
time.
(4) The record need not be kept longer than three years
after the date of the purchase of the valuable articles
described therein.
11-16-6 HOLDING PERIOD
A purchaser shall hold all valuable articles within the
state for a period of thirty days from the date of purchase,
during which time the valuable articles shall be held
separate and apart from any other purchased articles and
shall not be changed in form or altered in any way. The
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purchaser shall permit any requesting law enforcement officer
to inspect the valuable articles during the thirty-day period .
ll-16-7: REPORTS REQUIRED
(1) Every purchaser of valuable articles shall provide the
local law enforcement agency, on a weekly basis, with two copies
of the records of all valuable articles purchased during the
preceding week. The Chief of Police shall designate the day of
the week on which the records shall be submitted.
11-16-8: BUSINESS AND OCCUPATION FEE
There is hereby imposed on each person or entity transacting
business as a purchaser of valuable articles as defined in this
chapter a business and occupation fee of $250 per annum to be
paid annually.
(a) Such fees shall be due and payable to the Director of
Finance on or before each consecutive twelve-month period.
(b) Upon receipt of said fee, the Director of Finance shall
issue a receipt showing the name of the person or entity
paying the same, the annual twelve-month period for
which the fee is paid, and the location of the business,
which receipt shall at all times through the said year
be kept posted in a conspicuous place on said premises.
11-16-9: APPLICABILITY.
The provi'sio.1s of this article shall not apply · to
private collectors purchasing collectors' items from
other private collectors or from businesses engaged in
selling collectors' items. For the purpose of this
section, a "private collector" is an individual who
purchases an item for a price greater than the prevailing
market price of the item's metallic or stone composition,
who has an interest in preserving the item in its unique
or historical form, and whose primary purpose in purchas-
ing is not the immediate resale of the item .
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11-16-10: SEVERABILITY
If any provision of this article or the application
thereof to any person or circumstances is held invalid,
such invalidity shall not affect the other provisions
of this article which may be given effect without the
invalid provision or application, and, to this end, the
provisions of this article are declared to be severable.
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE
April 29, 1981
INITIATED BY
AGENDA ITEM
Coaputer Hardware and Software
SUBJECT Contract with Coaputer Resource
Corporation (CRHC) and Lease/Pur-
ACTION PROPOSED, ____ ~R~e~c~o~ .. ~en_d~p~a~a~a~a~g~e~o_f_•=o~t~i~o~n=a~a=a~~~~~~~~-----------
RECOMMENDATION:
Motion authorizing the City Manager to execute the contract agreement with CRMC
pending City Council passing a resolution at some future date entering into a
lease/purchase arrangement for computer hardware and software.
Request City Council to make s action authorizing the City Manager to enter into
lease/purchase contract negotiations for the purpose of financing coaputer hard-
ware and software.
BACKGROUND:
Attached is computer hardware and software proposed contract that the City staff
has negotiated with Computer Resource Management Corporation. The total cost of the
contract is $266,710 for which CRMC shall provide the following:
1. Computer Hardware (as defined on Pages 11 and 12 of contract) $ 186,460
2. Computer Application Software
-Vehicle Maintenance Package
-Finance Accounting Package
-Utility Accounting Package
-Payroll Personnel System
-Sales Tax Accounting System
-Fire Department Incident Reporting Package
Total Software Application Packages
TOTAL HARDWARE AND SOFTWARE
$ 9,250
24,700
13,850
17,050
8,400
7,000
80,250
$ 266,710
For the above, CRHC shall provide computer hardware within sixty (60) days after
contract initiation. Software development will then start thirty (30) days after
contract initiation and be completed one (1) year from that date.
(continued)
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$118,000 waa budgeted in the 1981 Data Proceaaing budget for the following:
a)
b)
I_,le.entation Support
Co~uter Leaae/Purchaae Payaenta
Punda Available
$ 68,700
49,300
$ 118,000
When we enter into the 5-year Leaae/Purchaae Agree.ent our intentione are to
pay $80,710 aa down payaent on the co.,uter hardware and software.
Punda Available
Down Payaent
Reaaining Balance
Leaving $186,000 to be financed over the 5-year ti•e period',
The reaaining $37,290 will then be used for:
a) Co8puter (1) year aaintenance agree•ent
b) Electrical work required in co8puter roo•
c) Co8puter hardware ahipping coat
d) Training
e) Coaxial cable
f) Miacellaneoua
$ 118,000
(80,710)
$ 37,290
$ 15,000
5,000
3,000
4,500
1,000
8,790
$ 37,290
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AGR EEME NT FOR DESIGN, FURNISHING AND
INSTALLATION OF INTEGRATED ON-LI NE
MUNI CI PAL INFORMATION SY STEM
THIS AGREEMENT, made and entered into this ________ day of
-------------• 1981, by and between the CITY OF ENGLEWOOD, a
muni c ipal corporation of the State of Colorado, hereinafter referred
to as "City", and COMPUTER RESOURCE MANAGEMENT CORPORATION, a California
corporation, and CRHC, INC., also known as COMPUTER RESOURCE MANAGEMENT
CORPORATION, a Colorado corporation, both hereinafter referred to as
"CRHC".
~EREAS, City desires to acquire and operate an upgraded auto-
mat ed municipal information system in order to carry out the increasingly
complex operation of municipal government; and
WHEREAS, to effectuate said desire, City did, on August 29 ',
1980, issue a "Request for Proposal" for data processing hardware, soft-
war e , ser.vices a nd support ("RFP"); and
WHERI::AS, CRHC submitted a proposal dated October 10, 1980 ',
in r esponse to the above mentioned request for proposal of City; and
WHEREAS, City has determined that the aforementioned proposal
of CRHC is the most responsive and best fits the needs of City; and I .. •
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WHEREAS, CRMC has represented to City that it is experienced
in the area of municipal information systems and is qualified to manage
the total acquisition process on behalf of City, of an integrated on-
line municipal information system;
NOW, THEREFORE;
In consideration of the covenants, conditions and terms ex-
pressed in this agreement, City and CRMC do hereby mutually agree as
follows:
SECriON 1
HARDWARE
1. Purchase of Hardware. In accordance with CRHC's pro-
posa l dated October 10, 1980, Prime Information 1000, which document
is incorporat ed by reference into this agreement as if fully set forth
her ein, City hereby agrees to purchase a computer hardware system from
Prime Computer, Inc., consisting of a Model I 1300, Central Processing
lJnj t alld other associated h ardware components us more tully set forth
in Section 4, paragraph 3 below. CRMC agrees to manage the purchase of
hardware equipment for City. City understands that purchase cannot be
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made directly from Prime Computer, Inc., but mus t be made through In-
dustry Data Services, a California corporation also ope rati ng in Col orado .
Therefore, City understands that actual delivery will b e hand led by
Industry Data Services. City shall initiate the purcha se proc e s s by
issuing a purchase order for the computer hardware here inafter described
in the Schedule of Payments, Section 4, paragraph 3(a) CRMC shall then ',
on instruction from City, manage the ordering of all computer hardware
equipment for City. City may, with the concurrence of CRMC, enter into
a separate agreement of purchase for aaid computer hardware with In-
dustry Data Services. All hardware and operating software guarantees
will be made, in writing by Prime Computer, Inc., directly to the City.
~. Installation of Computer Har~are Equipment. CRHC shall
manage installation and adjustment of all computer hardware equipment
and computer software purchased pursuant to this agreement. City under-
st ands that Prime Computer, Inc., will install the computer hardware
and operating system, and that Industry Data Services will ins tall the
Prime Informatio n op erating software. City shall, at its expens e , pro-
v i de Lhe n ece ssary space, e nvironmental conditions , adequate el ectrica l
power and cabling for the operation of the computer hardware equipment
purchase pursuant to this agreement, in accordance with the specifi-
cations of the hardware manufacturer.
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3. Maintenance. City shall enter into a separate contract
w i th Prime Computer, Inc., for adequate monthly maintenance of the com-
puter hardware in accordance with the manufacturing speci fications.
SECTION 2
APPLICATION SOFTWARE AND DOCUMENTATION
1. Software Documentatio~esisn and _Installation. In
accordance with CRMC's accepted proposal dated October 10, 1980, CRHC
shall supply City with software programa for data processing specif-
ically designed to meet the needs of City, as defined in the Englewood
RFP dated August 29, 1980. The specific applications of City for which
software shall be designed pursuant to this agreement and the RFP are
more fully hereinafter set forth in the Schedule of Payments, Section 4,
pa ra graph 3(b). All appli cations installed shall be better than, the
C ity 's c urr e nt comput e r programs or eq ual to the s peci fic ations of the
R~.
CRHC war rants that it has ownership or proprietary rights to
all Phase I software and documentation which it shall supply to City
pursuant to this agreement. With the payment of the total fee, the
terms of which are more fully set forth in Section 4, paragraph 3, CRMC
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grants to City exclusive right to use said software in perpetuity at
any of City's facilities and/or on any future hardware that the City
may acquire. City hereby covenants, agrees and guarantees not to dis-
close, sell, trade, license, barter, srant, give, award or otherwise
make said software and/or documentation available in any form to any
other person, public agency •. firm or corporation, and further to take
all reasonable steps to prevent said software and/or documentation from
being available to unauthorized users.
2. Use of Proprietary Software. City shall have the right
to modify software to which it baa been granted exclusive use pursuant
to this agreement, in any manner it desires. City may use said soft-
ware as a service on City-owned, leased or rented computer hardware.
City may make additional copies of any documentation accompanying said
s oftware as are needed for its internal use; and City shall have the
right to move said software to an alternate location in the event of an
cmcrccncy .
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3. Enhancements. In the event CRMC shall produce any en-
hancements or functional changes in the software it deaigne or otherwise
makes available to City, after delivery hereunder, City shall have the
right to obtain such enhancements at the prices then in effect. En-
hancements by CRMC improving the operating characteristics of CRMC pro-
prietary software being used by City hereunder will be furnished to City
at cost. For the purpose of this paragraph the term "enhancements" shall
mean improvements in the software which relate to operating performance ',
but do not change the basic function of the software. Any enhancements
to the operating system, Prime Information, shall be provided to the
City.
4. Royalties. CRHC agrees that, with respect to any soft-
ware application which it designs, on a first time basis, exclusively
for City, CRHC shall pay to City a "royalty" fee of 12-1/2'%. (until the
City has recovered that application software cost plus any related
Cit y inc urr e d exp e ns es ) of the license fee it charges to another user
should CRMC grant the use of such software designed package to another
user . In a ll c a se s , CRM C shall retain exclusive proprietary rights as
d ef in ed i n Section 2, paragraph 1.
~. Application Documentation. CRMC shall furnish City
with two copies each of the following documentation as part of the
software applications to be delivered hereunder, which will be in
form and substance equal to comparable materials generally in use
in the industry:
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Manual type
1. General Systems Desi&n
2. Technical Documentation
3. Systems User
4. Operations
Attached hereto is an example of appropriate documenta-
tion in "Fixed Asset System", marked Exhibit A. The
content and format of said Exhibit A shall be used as
a guide for minimum requirements.
~. Software Installation. In accordance with the ·~ork
Plan" and ''Work Plan -Implementation Schedule" hereinafter discussed
in Section 4, paragraph 1, CRHC shall install those software applica-
tions described in Section 4, paragraph 3(b), and shall install, or
be r sponsible for installation of all operating software associated
with the Prime Information System.
7. Training. CRHC shall, in accordance with the ''Work
Plan", train City's initial personnel in the use of the computer
hardware and software. At the end of such training, City personnel
in the several departments should be able to use the computer system1,
unassisted and on a regular basis, in a manner consistent with the
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Further, CRMC shall train City's data processing personnel
so that City can perform routine in-house programming and operations.
The training provided for each application shall be as set forth in
"Allocation of Training".
Level
Top Hgmt
Super vrs.
Prd. Stf.
Data Entry
Coq>uter
Mgmt
Concepts
3 hrs
3 hrs
3 hrs
Data Proc. 6.5 hrs
ALLOCATION OF TRAINING
Terminal
Use __ _
1 hr
1 hr
1 hr
1 hr
Application
Use
2 hrs/App
2 hrs/App
2 hrs/App
4 hra/App
* Training to consist of:
Retrieval
Language
4 hrs
4 hrs
4 hra
19.5 hrs -Info-Basic Programming Language
13 hrs -Prime Information System
Data Base
Programming &
Systems ___ _
32.5 hra*
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Training coats are included with software costs except for
data base programming and systems which shall be charged
at $25 an hour with total costa not to exceed $1,000.00.
SECTION 3
DATA CONVERSIONS
In accordance with CRMC's accepted proposal dated October 10~
1980, CRHC agrees to convert all applicable machine readable data cur-
rently entered into City's NCR 399 computer data for entry into the new
system. City agrees, at no cost to CRHC, to provide said data in a form
acceptable to CRMC. Coat of conversion is included in installation costa
discussed further in Schedule of Payments, Section 4, paragraph 3 (c).
SJ;_;CTION 4
GENERAL TERMS AND CONDITIONS
1. Scope of Work. In addition to City's Request for Pro-
posal dated August 29, 1980, and CRHC's proposal dated October 10, 1980,
the specifications and scope of work which shall guide CRHC in ita
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performance hereunder shall be contained in the ·~ork Plan " and ·~ork
Plan -Implementation Schedule" which plan shall be aade a part of
this agreement and incorporated by reference as if fully set forth
herein.
2. Time for Completion. ClMC shall co~let e all work
called for pursuant to this agreement (except for the extended ser-
vice set forth in Section 4, paragraph 4(a) within one calendar year
commencing thirty (30) days aft~r execution of this agreement. In
accordance with Section 4, paragraph 4(b), City shall add one extra
work day to the above mentioned completion date for each day's delay
caused by failure of City to meet prescribed deadlines stated in this
agreement or the Work Plan.
3. §~~cdu):~ o! ?~~m~nt~. Except as otherwise stated herein~
the ba si s for payment to CRMC shall be the acceptance by City that the
pha ses o c appli cat ions hereinafter described have been completed. Upon
acceptance by City and billing by CRMC, payment shall be in the amount(s)
hereinafter provided and shall be made consistent with City's existing
payment procedure, but in no event later than thirty (30) days from
receipt by City of any said undisputed billing.
(a) Hardware. City shall purchase the following Prime
Comput er eq uipment:
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1 3147
11 R40
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Description
600 lpm line printer,
64/96 characters, Printronix
ADDS REGENT 40 Video Display
Term i nah ( f l, 500)
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Net
Purchase
Price
9,500.00
16,500.00
$186,460.00
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Prime Information related communications equipment , in an
amount and configuration as the two parties determine best fits the
needs of City, shall be obtained by CIMC and paid for b y City .
The total cost for the aforesaid computer hardware equipment,
e xcep t for the above me ntioned communications equipment, shall be
$186,460, exclusive of tax. Hardware costs will be paid as follows:
Upon delivery of Primr T 1300 hardware syatem, 25t of
total hardware costs.
Thirty (30) days after acceptance of delivery and installa-
tion of hardware and Prime Information System, remainder or
75t of total hardware costs.
(b) Softw~r~. One time perpetual licensing fees for
CRMC proprietary softwar e a r e to be paid by City.
In addition to the license fee, City shall pay
to CRMC an installation charge for each appli-
c ation. License fees and installation fees
for each application in Phase I shall be:
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~E£!ication Lice~L_e~ Insta llat ion Total Fee
Se rvicenter
Veh . Ma int . 5 ,0 00 4,250 9 ,2 50
Fin/Acct/Bud 9 ,50 0 6,800
Bud eet Simulatio n 5,00 0 3,4 00 24 ,700
Utility Accts .
Re c. 6,750 5,100
Geobase 1 ,000 1,000 13,850
Pay /Pers . 5 ,000 6,800
Pay Ben/Union Nego . 3,5 0 0 1,750 17 ,050
S ales Tax
Cont . Lie. Pr o c . 5,00 0 3,40 0 8,400
Fire Dept .
Inc. Report 2 ,500 1,000
MI CU 2,500 1,000 7,000
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Total fees for Phase I applications shall be paid
in installments as hereinafter set forth on the
attached inset (pase 15). The final 20t paid on
Final Acceptance will be held for al l Phase I
applications until Phase I applications have been
comp leted and accepted. Aft er final acceptance of
Servicenter application, Fin/Acct/Budget application ~
and Utility Accounts Receivable application, the
City will re1ease 501. of the then current 20t re-
tainage; and thereafter, will only hold lOt of the
total fee for the remainder of the Phase I applica-
tions. The first 401. of the total fee will be
paid upon receipt by City of masnetic computer
tapes and documentation manual containing the pro-
prietary software for the hasc program. Base program
shall mean program in Prime Information mode and
ready for City modifications . The implementation
schedule for software applications shall be as set
forth in ''Work Plan Implementation Schedule".
The City will provide to CRMC the equivalent of
one full time programmer/analyst to assist with
installation of software applications as defined
by the Work Plan •
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WORK PLAN -PH ASE I APP LICAT IO NS
40'7. GENERA L TECH NICAL IMPL EMEN TATIO N
TOTAL SYST EMS SY STE MS INTO
APP LIC ATI ON FEE DESIG N ( 10 '7.) DESIG N (1 0'%.) PRODUCTION (20'%.) TOTAL
Servi c enter
Veh. Ma int. 3,7 00 925 9 25 1 ,850 7 ,400
Fi n /Ac ct/Bud 9 ,880 2 ,470 2 ,470 4,940 19,760
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Util Aceta. Rec. ......
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G<i!obase 5,540 1 ,385 1,385 2, 770 11 ,080
c Pay /Pers Pay
Ben /Union Neg . 6 ,82 0 1, 705 1,70 5 3,410 13 ,640
Sa 1e s tax Con t.
Lie. Proc . 3 ,360 840 840 1,610 6,720
• Fi r e De pt . Inc • • Rep.-CFIRS •
-MICU 2,800 700 700 1,400 5,600
32,100 8,025 8,025 16,050 64 ,200
Final Acceptance -All Phase I Appl i cations 16,050
80,250
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App li ./Proj .
Servicenter
Veh. Kaint.
Fin /Acct /Bud
Util Accts. Rec.
Geobase
Pay/Pers
Sales Tax & Cont.
Fee Proc.
Fire Dept. Inc.
Reporting
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\mRK PLAN -I MPLEME NTATION SCHEDULE
1 2 3 4 5 6 7 8 9 10
l1o. Mo . Mo. Mo. Mo. Mo. Mo. Mo. Mo. Mo.
BP ,URS,GSD,T IPP,DPI,UFA DC
DP,URS,GSD,TSD IPP,DPI,UT DC
BP
BP
URS,GSD,TSD
UllS ,GSD, TSD
IPP,DP,UT DC
IPP,DP,UT DC
11
Mo.
BP URS,GSD,TSD IPP,DP,UT DC
BP U.S,GSD TSD IPP,DP,UT,DC
12
Mo.
BP URS,GSD,TSD IPP,UT,DP DC
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BP
GSD
TSD
IIP
DP T
UT
FA
DC
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s er Re quiremen t s S tudy
Base P rogram -Program ready fo r modi f icat i on
General Systems Design
Te chnical Systems Des.ign
Implementation Into Production
Da t a Proc. Techn i ca l Training
Use r Training
Final Acceptance by City
Documentation Completed
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The total cost for the aforesaid software appli cat ions , in-
cluding both license fee and installation shal l be $80 ,250.
r.~MC acknowledges that City intends to implement
other software applications referred to as Phase II
in the RFP. These applications may be implemented
at the City's election in the second and third years
after initial Phase I applications. City shall give
notice of ele ct ion before commencement of second year.
Thes e applications and total fees are:
Fixed Assets
Police Records
(inc. Traf & DFAR)
Fire Dept. Sup/Prev
Recr ea tion Reg .
Geobase Expansion
Land Data Files
Street Info. Base
Central Stores Inv •
Sys
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License
~ee _
2,500
17,500
2,500
3.500
0
0
6,750
Installation
1,100
11,220
3,740
3,740
3,740
1 ,870
5,610 I • •
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License
Fee __ Installation
Parks Operation 0 5 ,5 00
EHA Low Int. Loans 0 7,480
Fi re Dept. Unit lnv. _h5..9Q 1,100
28,500 45,100
Total fees for Phase II -Applications are $73,600
(c) §cope of Costs. The charges , excluding sales
taxes, freight and delivery, contained in sub-
paragraphs 3(a) and (b) of this paragraph
are the total of all charges to be made under
this agreement and, unless specifically to the
contca ry provided elsewhere h e rein, no additional
c harg es shall be claimed by CRHC for the data
conversion, the hardware, or the software, includ-
ing source and documentation, training, original
copies of materials, assistance in installation~
initial error correction, or expenses for any other
material or service to be performed hereunder •
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4. Additional Services.
(a) Exten ~ed Software Maintenanc e . For a pe riod of
twe lve (12 ) months beginning after the i nstalla-
tion and final acceptance by City of all Phase I
sof t ware, Section 4, paragraph l(b) of this
agreement, CRMC agrees to respond, on an on-call
basis, to all reasonable requests by City, within
four (4) houn of any such call, to investigate
computer malfunctions which City cannot remedy.
During the four hour response time, if CRMC can
determine and resolve the malfunction by contact-
ing City data processing staff by telephone, such
resolution will be considered as satisfactory re-
spons e to a request. If, upon such investigation~
CRMC determines that the problem is either a hard-
ware ma l f unction, or a defect in the operatine sys-
tem, covered by other serv ice contracts , CRMC shall
be re s ponsible for contactine the appropriate repair
servic e and overseeing such repair. If the malfunc-
tion is determined to be an applications software
error, previously undetected, CRMC shall correct
the problem •
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(b) Additional Servicea. Upon written request by City,
CRMC may provide additional data processing services
to City. Such servicea may include, but shall not
be limited to, consulting studies, furnishing of
additional proprietary software, new systems de-
velopment and the providing of additional techni-
cal personnel in excess of the number provided
pursuant to the term. of this aareement.
City shall compensate CRMC for such addi-
tional services at its then current labor rates
plus reasonable and necessary expenses. CRMC
shall keep City advised at all times of its
current labor rates •
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(c) CRHC Office. CaMe ahall maintain an office in
the Me tropolit an Denver area so that it can re-
apond , within four (4) h ours, to requests for
ass i s tan by City.
Term . Th t rm o f t his agreement (excepting the ex-
nd d s rvic provision contained in Section 4, paragraph 4(b)
h a ll comm n e e upon ita execution by both parties and ahall continue
in full for e and effec t until instal lation and final certification
and cc p ance by City of all hardware and software listed in Sec-
ion 4, paragr aph 3, and in accordance with the Time for Completion
set fo~t h in Section 4, paragraph 2.
~. Acceptance/Warranty. CRMC shall proceed with appli-
cation d esign and implementation in accordance with the Work Plan
a nd the Schedule of Payments , Section 4, paragraph 3(b). When each
p h a:;e or an app licat ion is completed , CRHC shall notify City, in
writing, of such completion and City shall, within ten (10) working
days, acce pt or reject said phas e, in writing. In the event of re-
j ection, CRMC shall modify, redesign or otherwise adjust said phase
so that it will perform in a manner consistent with City's needs as
defined in the RFP. If City is satisfied with such completed phase,
it shal l certify such acceptance, in writing, to CRMC •
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Upon inatallation of the final phase of each application ',
in accordance with Section 4, paragraph )(b) (i.e. the "Implementa-
which to accept or reject said phase.
Ouring inatallation of all phases, and during the above
mentioned sixty (60) day "test" period, CltMC shall, at no additional
c ost to City, correct all errors in the software programs and other-
wise "maintain" aaid software; provided that such corrections are con-
sistent with the general systems design previously approved by City.
7. Warranty/Limitation of Li~bility. CRMC shall not be
held responsible for losses resulting from errors in systems or pro-
grams caused by CRMC or its products. CRMC shall not be responsible
f or errors in work which shall result from erroneous source materials
s ubmitt e d by the City, when such errors would not have been detected
by testing and verification of such materials to the extent determined
re a s on a bl e and prudent according to standards prevailing in the data
proc e ssing industry •
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8. Termination for Non-Performance. In addition to any
o ther remedies available to either party, eith er party hereto may
terminate this agreement at any time because of a breach by the other
of a mat erial provision hereof; provided, however, that written notice
of the alleged breach shall have been given by one party to the other
in accordance with Section 4, paragraph 22 and that the recipient shall
not have remedied or cured said breach within thirty (30) days after
receipt of such notice.
Notwithstanding the foregoing, any action taken or suffered
by CRMC under any insolvency or bankruptcy act shall, at City's option !,
cons tit ute a breach of this agreement by CRMC and shall permit City to
terminate this agreement without notice, in addition to any other re-
medies which may be available to City.
tn the event of termination by either party pursuant to this
par ag r a ph, City shall have the right to pay the s oftware license fees
and receive all application software and docum ent ation listed in Sec-
tion 4, paragra ph 3(b), (Phase I and Phase II applications). The soft-
war e acqui red and inst al led by CRMC at the City of Englewood, will be-
come the e xclusive proper t y o f the City.
9. Liquidat ed Damages. It is agreed by the parties to
this agreement that in case all work called for under this agreement
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is n ot c ompleted before or upon the expiration o f any time limit as
set f o rth in Section 4, paragraph 2 of this agreement, damage will be
sustained by City, and that it is and will be impractible to determine
the actual damage which City will sustain in the event of and by rea-
son of such delay, and it is therefore agreed that CRHC will pay to
City the sum of Fifty dollars ($50.00) per work day for each and every
work day's delay beyond the time prescribed to complete the work plus
such additional amount as is necessary to render the City whole; and
CRMC agrees to pay such liquidated damages as herein provided, and in
case the same are not paid, agrees that City may deduct the amount
thereof from any money due or that may become due CRHC under this
agr eement.
The time for completion of work under this agreement shall
he e x tended one work day for each work day such completion is pre-
vent ed by failure of City to complete work for which City is responsible
within th e agreed time therefor as set forth in Section 4, paragraph 6.
l<urth er , should the failure of City to supply CRMC with necessary in-
fo rm ation , o r t o oth e rwise perform its duties pursuant to this agree-
ment, result in a breach of this agreement, CRMC may, at its option ',
te rm inate pursuant to Section 4, paragraph 8, and charge City addi-
tiona l fees on a time and material basis, at its then current rates~
fo r s u c h d e lays, in addition to any remedies available to it by law
o r in equity.
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10. Force Majeure. Neither party shall be liable or deemed
at fault for any delay in performance under this agreement or interrup-
tion of service resultina directly or indirectly from acta of God, civil
or military authority, acta of public enem,, war, riots, c ivil disturb-
ance, accidents, fire, explosions, earthquakes, floods, the elements,
shortages of suitable parts, materials, labor or transportation or
any other cause beyond the reasonable control of the parties.
11. Indemnification. CRHC shall defend, indemnify and
hold harmless the City of Englewood, ita Council, boards, co .. iaaions ',
officers, employees and agents against any and all claims, demands •,
loss, judgments or liability of any kind or nature which arise or are
alleged to arise from CRMC's neglient performance of this agreement.
CRHC warrants that software provided hereunder is the property of CRMC.
l!. Insurance. Concurrent with the execution of this agree-
men t; CR MC shall file with the City Clerk a certificate evidencing in-
surance coverage in the following amounts, which coverage CRMC shall
maintain at all times during the term of this agreement:
(a) Workers' Compensation Insurance, coverage as
per statute;
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(b) Comprehensive Public Liability Insurance
(i) $ for injury or death of
any one person and $ for any
one occurrence.
(ii) $ per occurrence for property
damage.
The coverage shall contain the following endorsements:
(a) Public Liability coverage shall contain a standard
cross-liability endorsement and in addition, name
as additional insureds, the City of Englewood, its
Council, boards, commissions, officers, employees
and agents.
(b) All coverage shall contain an endorsement preclud-
ing cancellation or reduction in coverage before
the expiration of thirty (30) days after City
shall have received written notification thereof
from the insurance carrier.
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13. Property Taxes -Software. The software applications
licensed hereunder constitute non-tansible personal property , inasmuch
as said license is merely a license to use a proprietary method and
its tangible assets are only incidental. If property taxes are levied
upon the software, they shall be borne by CRKC.
14. Facilities. City shall provide at City premises such
space, office furniture, clerical assistance, and facilities, includ-
ing, but not limited to telephone service, as shall be necessary and
adequate for the use by CRMC personnel in performina the duties of CRHC
hereunder. Long distance calls shall be subject to approval of Director
of Finance . Upon termination of this agreement, all office furniture,
equipment, documents, records, books, tapes, discs, and files provided
by the City to CRMC shall be returned to City at CRMC's expense in the
same condit ion as when recei ved from City, ordinary wear and tear ex-
cep ted.
r.ity shall afford CRHC access to equipment and the areas
al loc ated to CRHC at all times, subject , however, to such reasonable
requirements as may be imposed by City for maintenance of security
with respec t to City's property and equipment. Adequate storage
space of the required temperature and humidity for data processing
supplies and records shall be provided by the City. City shall pay
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for all communication costs including telephone i nstallation, ser-
vice calls, telephone charges for remote terminals and all preprinted
continuous forma and all stock continuous forms.
15. Security System. CRMC shall upon information supplied
to it by City, and in accordance with the ''Work Plan", design a security
system for each application implemented. Upon installation of each ap-
plication, City shall be responsible for the security of data and pro-
grams accessible to the data proc~ssing system through terminals under
City control located outside the physical confines of the apace allocated
by City to CRMC. City's Representative shall inform CRHC of the users
autho rized to have access to the data processing system, their assigned
user account name and security code.
16. f~e!!~n_t_ C:_o_mp',lte_r:.. ~-~!!.~~!: .. 9.P..~!~q()n _~;. CRHC shall not he
responsible for the daily operations of the present computer center ',
includ i ng keypunching, programming, and computer operations, except
as may be separately contracted for.
17. Confidentiality. With respect to financial, statistical~
and personnel data relating to City's business which is confidential
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and is clearly so designated, CRHC will instruct its personnel to main-
tain such information as confidential and will adopt such measures as
those adopted by City with respect to its own employees to insure that
such information remains confidential. However, CKMC shall not be re-
quired to regard as confidential any information which is or comes
into the public domain. CRHC shall not be required to maintain the
confidentiality of any ideas, concepts, or techniques relating to data
processing submitted to CRMC or developed by CRMC personnel or jointly
by CRMC and City personnel during the term of this a&reement or any
extensions or renewals thereof. CRMC shall have the right to market
ideas , concepts, or techniques in any way CRMC deems appropriate; pro-
vided, endorsement of such ideas, concepts, or techniques shall not be
attributed to City unless City has given written consent therefore.
18. ~ersonncl. CRHC shall endeavor to honor reasonable
requests of City with respect to assignment of CRHC employees; pro-
vided, however, that such requests shall be consistent with what may
be regarded as sound business practices by CRHC. Nevertheless, CRMC
res erves the right to finally determine the assignments of its own
employees, save for such request made upon CRHC by City for the removal
of CRMC e mployees from City work, in which case the request of City
shall be honored.
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CRHC will endeavor to provide consistent and qualifed
staffing and will insure that any staffing changes will include an
adequate transition period.
The parties understand that CRHC personnel may perform ser-
vices from time to time for others, and this agreement shall not be
construed in such manner as to prevent CKMC from assigning personnel
engaged in the performance of this agreement to duties relating to
the engagements of CRHC to others.
GRMC and City agree that for the term of this agreement and t
one year thereafter, except as expressly provided herein, neither party
will invoke or induce or offer employment to an employee of the other
party.
19. Contact Persons. The City and CRMC shall each designate
a repr es entative who shall act as contact person for the purpose of
coordinating the performance of this agreement.
20. Monthly Status Report. CRMC will provide to City each
month a written status report to include pertinent status information
on all projects and activities related to the term of this agreement.
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21. Assignment. Neither this agreement nor any of the rights
or privileges granted hereunder shall be the subject of assignment by
either party except by prior written consent of the other.
22. Notices. Any notice required or permitted hereunder
shall be given when actually delivered to the person or deposited in
the United States mail with postage prepaid, addressed as follows:
If to CRMC:
If to City :
Computer Resources Management Corporation
Mr. Gary Svoboda
7342 Del Comundo Lane
Longmont, CO 80501
Director of Finance
City of Englewood
3400 South Elati Street
Engl e wood, CO 80110
2 3. Laws Applicable. This agreement shall be in accordance
with the laws of the State of Colorado. Parties further stipulate that
this agr e ement was entered into in the State of Colorado and the State
of Colorado is the only appropriate forum for any litigation as a re-
sult of breach and hereof or any questions risen herefrom. I • •
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24. Attorneys' Fees. In the event suit or action be in-
stituted in connection with any controversy arising out of this agree-
ment, the prevailing party shall be entitled to receive , in addi t ion
to its coats, such sum as the court may adjudge reasonable as to at-
torneys' fees and coats.
25. Waiver. Waiver of strict performance of any provision
of this agreeaent shall not be deeaed a waiver of nor shall it prejudice
the party's riaht to require strict performance of the same provision
in the future or of any other provision. Such waivers shall be written
and submitted as notices given in accordance with the provisions of
Section 4, pargraph 22 h e reof.
26. Survival. The t erms and provisions hereof shall be
bind i ng upon and i nure to t h e b e nefit of the successors and assigns
of the parties hereto.
2 7. Agr eement . Th i s a s signment constitutes the entire
agre em e n t between the parties with respect to the subject matter
hereof and shall supercede all previous proposals, both oral and
written.
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2 8. City's "Request For Proposal", dated Aueust 29, 1980 •,
Exh ib it A, "Fixed Assets System" docUIIentation,CRHC proposal, dated
Oc t o b~r 10 . 1980, and Pri111e Computer, Inc., Customer Maintenance Order
and Agreement and IDS Software Sub-Licenaing Agreement are incorporated
herei n by c~ference and made a part hereof as if fully s~t forth .i..n this
a g reement.
l~ WITNESS WHEREOF, the partiea hereto have executed this
agreement the day and year first hereinabove written.
ClTY OF ENGLEWOOD
a municipal corporation
By
City Manager
/\TTI~ST:
Ci ty Clerk
COMPUTER RESOURCES MANAGEMENT
~~RPORATION ~ G&:~~~
President U
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APPROVED AS TO FORM:
By
City Attorney
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CRMC, Inc., COHPUTEK RESOURCES MANAGEMENT
CORPORATION
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C 0 U N C I L
DATE April 30, 1981
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C 0 M " U N I C A T I 0 N
AGENDA ITEM
i
SUBJECT RECOftolEND THAT THE CITY
ATTORNEY PREPARE ORDINANCE APPROVING
1 N 1 T1 ATED BY __ ......::Ga::..:..rxr.....:.:R:..:.. . ...:D::...;i..::.ed::e:.~•L....:.Di.:...:re..::..:.cto=r-o:.;f:......=.E:..:;ng~i~n~ee::..:r-=i.:.~ng;:a.....:S::.e.:..rv~i~c~esL-....-Ao:;<!i'~~~:......;;•;..;.C) __ _
ACTION PROPOSED __ ~R~~=:o=nn=~=n~d~~~a~t~th~e~Ci~t~y~A~t~to~m~e~y_p~re~p~arue~an~o.:..rd~i~M~oc~e~----
I NTROOUCTI ON :
The City and Urban Drainage and Flood Control District have been involved in the
design of Little Dry Rechannelization from South Santa Fe Drive to South Platte
River Drive. This project is out for bid and a final estimate has been prepared
by the consulting engineers enabling the City and UDFCD to enter into an agree-
ment to share the construction cost and engineering inspection at 50% each.
FINANCIAL DETAILS
The total estimate in the agreement is $749,700, making Englewood's share
$374,850. The present PIF Little Dry Creek account has the funds available.
RECOMMENDATIONS :
City Council instruct City Attorney to prepare an ordinance to enter into an
agreement with the Urban Drainage and Flood Control District for the construction
and inspection on the Little Dry Creek Schedule I Project .
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AG t£ ~· ~EGAROIH ~
CO NST RUC TIO N OF !MPRO~lMEHI~ TO LI TTLE DRY CRE EK (ARAPAHOE),
SOW~I E I
A r l -4.2
,li. S r.,REEM EHT, md de this _d ~ of ------· 1981,
t-y and Le • n the CITY OF ENGLL 00 (h re na ftt·r tdll•d "C I TY") and the URBAN
rRAI AG• AN FL OOO CO NTR Ol DIS1 ICT (he 1n a fter cal Pd "DI STRICT ").
wHE RfAS, DI ST RICT , in a pol1cy s ate~~nt r eviou ly a do pted (R P ~Oluti o n
N 1 ~. ries o f 19 70 ), erpre d 1n 1 t n t a~s' publi c bodies which have
hereto f ore enacted f l ood p1aln 2C•Ilin cre a su re ~d
• EREAS CIT Y, where the rove a n' , a j, as adopted fl ood pl a in
regul t1 ons • r Little Dry Cre lc a n
wHEREAS, the DI S TRICT , Cl '< Ct.erry ~I ll s ~~ lo c,e, Gre nwood Village, the
C<-·n • o f 1\r pahoe a nd Coun ty o 'louql ·1ope r at• J in the preparat ion of a
d ra11age .c;Ler p l an for Li ttl • Dry Cree~ e nt1tl ed 'Ma jor Drainageway Planning ,
L tle Dr, (.ree k" by Mc Call -El' .1gson and Morrill, Inc., da ted Februa r y, 1974 ,
a d
w llli<E~S . the Dl !:.T IO CT has odQpted a t a public he a ri ng a 5 -year c apita l
in ~n• ·:ne nt p rogram (Re s oluti o r. . 51 Series of 1980) that includes the con -
s t•u• ion of d r ainage and floo d ontrol fac ilities for Little Dry Creek in t he
ClH 111 •re 1981 calenda r year ; 'nd
wdc AS , CITY a nd DIS 1 RI C are JOintl y having prepared f i nal de s ign and
de 1 r <lt <•n o f req ui red right -of-w~y '"or fl ood c o n trol ilf4Jrovements o n Li t tle
Drf ~~ ~it hi n CITY by Sellards an.j Gri gg, I nc. (Agreement No . 79-6.7 dated
Ju l
..;,<£ [AS, the DI STRIC T has heret.o fore adopted a spe cial r even ue f und budge t
for '~l enda r year of 198 1 suusequent to public hearing (R esolution No . 44,
Sen e> o f' 1980) which i nc l udes f unds for the cons t r uc tion of flood control
impr uven:en t s o n Little Ot·y Creek from So uth Pl atte River to Santa Fe Drive; and
WHE REAS , DISTR ICT Board ha s author i zed DISTRICT fina ncial participa ti o n for
co nst ruct i o n of flood i mp roveme n t s o n Li ttle Dry Cree k from South Pl a tte Ri ver
t o Sa nta Fe Drive (Resolution No. 21, Series of 1981);
NOW, THEREFORE , in c onsiderat ion of t he mutual promises contained herein
Parties agree as fol lows :
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1 . SC OPE OF THIS A9!EEHE NT
This Agreement d f ines responsi biliti es and f i nan ci al c nts of
the CITY and OISTRICT wi th respect to co nstruction of flood control i rovements
on little Dry Cr ek as defined herein.
2. SCOPE Of PROJECT
The projec t will co ns1st of construction of flood control imp rovements
on Litt l e Dry Cree k from the con flue nc e with South Platte River upstream to Santa
Fe Dr i ve . The construction will be i n accordance with the approved p la ns and
specificati ons prepared by Se llar-ds and Grigg, Inc . and change orders appro ved
in accordance with section 7 of this Agreement. The construction w1ll e xtend
from station 0+91 to s t ation 10+25 as s et forth on the plans prepared by Sellards
and Grigg , Inc . Th e pl an s an d specificati ons prepared by Sellards and Grigg, Inc .
are conside red a pa r t hereof by reference, the same as if atta che d hereto .
3 . PUBLIC NJ:CESSITY
The CI 1Y and DISTRI CT agree that improvements author ized pursuant to
this Agreement a re neces sary f or the health, safety, comfort and conve nience and
welfare of all peop le of the State an d are of special benefit to the inhabitants
o f t he OI STRICT a nd t he prope rty therein.
4. PROJECT COSTS
4 .1 Projec t cost~ shall consis t and be limited to the followi ng:
A. Con struc ti on cos ts as incurred by the lowest qual ified
r sponsi ve bidder.
B. Au thorized wr itten change or wor k orders .
C. Utility r eloc a ti on costs.
D. Ne ces s a ry licenses and permits, and
E. Constru ction fie l d s urvey i ng, staking, inspection , supervision
and mate rials t esti ng.
4 .2 It is under tood that projec t costs as defined above are estima ted
t o not exceed $74g ,7oo. Es tin~te d project costs are set forth as follows:
A. Construc tion costs per engineer's estimate :
B. Construction fie ld surveying, staking,
inspec tion and s upervision of materials
testing (5% of A):
C. Contingencies (5% of A and Bj :
TOTAL
S68D,OOO.OO
34 ,000.00
35,700.00
$74g,7oo .oo
These amounts may be increased without further authorization by an amount
equal to interest accrued on deposits by CITY and DISTRICT • •
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5. AL LOC A Tl OH ANO PA :..-!rr OF 1'1<0 £CT COS TS
5 .1 DISTRIC T and CI TY each s tall contr1but ~0% of th pro jec t co sts
a s dt:f •, d above up to a l'ldxi x ud1 tu'"f! of $37• ,u:.O pl us any a ccruP d i nterest
on e roJect funds on depo s 1t w i t ~ tre OI~T RI CT by each pa rty . OIS 1RICT s ha ll
ll ldn age the f1nance s to acco11p l 1s h tt • pruJo•c t as s l for th he rein. Upo n cxecut10n
o f the Agreenen t, DISTRICT a nd CIT Y shal ac h ke pay nt to DISTR CT , wi thi n
thi rty (30) day s , of th ir respt:cllv' s h.sres for the eH ima te s cos t tl l~e pro1· c
which are as foll ow s: DISTRICT $3 7.,85D
CIT Y $374,850
5 .2 As set forth in DIS TRIC T Policy (R esolu tion No. 11, Seri e s of 19 3
and Resolu t ion No. 49, Ser ies of 1977 ) i f a ny fund ing from Federal, St ate or other
so urces, e xcluding : con tr i but ion f r om DI STRIC T, in lieu t axe s for Fede ral funds ,
Fe der a 1 Rev enue Sh aring Pr ogra m, Fe de ra 1 Co rrmunity Development Pr·o gram r s uch
s imil ar di scret i onary prog ra ms as ap rrov£>d hy t he Boar d of th e DISTR ICT ; shall
first be deducted from th e project t otal co s t an d the s hares of Cl l Y an d DISTRI CT
recomputed on a 50% -50% basis .
5.3 Pay ments by the DIST RICT and the CITY sh all be he ld by the DISTRI CT
i n a speci al fun d to pay for increme nts of the pro ject as authorized by DISTR ICT
and CI1Y. DI STRICT will provide a pe riodi c accoun t i ng of project fun ds as well
as periodic notifi c at ion to CITY of a ny unp a i d obl igation. Any interest ea rn ed
by the monies co ntri but ed by th e DI STR ICT and CITY shall be accrued to the
special fund esta blished by DIS TRI CT for t his project , and such interest sh a ll
be used only fo r this project. DISTR !Cr shall di sburse payments for construc ti on
and construction engineering per co ntracts with the low bidder and the selected
engineer respectively as a pproved by bo th the DIS TRICT and the CITY as set forth
in Sec tio n 6 of th i s Agre emen t.
5 .4 In the e vent tha t upon completion of the project, mon i es, includi ng
any interest earned , sh all r ema in wh ich are not committe d, obl i gated or disbursed,
eac h par ty sh al l r e ceive a fif ty perce nt share of su ch mo nies .
5. CONSTRUCTION CONTRACTS
The Parties agree that the CITY , thro ugh its Director of Publi c Wor ks,
or hi s represe ntative, shull be r esponsible for the administration of the con-
struction contracts as provided herein. DISTRICT sh all work with the CITY and
provide the CITY the a s si s t ance needed to accompl ish construction.
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n!0J r i! f r iot l •ons tructi o n contr~lt do • nts , and ...... r.~ ,l,l>l r u..tH>n ,.u r r.rds
wrt h a~·,Jr-u•al of DI ST RI CT.
6.2 UTY wrll coordina t f r ld s ur-.eying, staUng, irr >Vi!Ct iun, >Uf't!nHnHr
3rv.:l t est ing as required t o c onHruc t the proposl!d dr·a1nage r•f)roven>e t.ts. U TY
wr l l d>S re t Mt 'onstruc ti .>n 1s perfo..-d in a c cor<1l •"e wr lh ..lppr'\l ved pl..1ns
a nd sptc ifi cati ons, a nd wi ll accu ra e ly record the q u •n t i ties and cos ts re!Jtl~
the•~ to .
6 .3 CI TY wi th DISTRICT concu r r ence will prepa re and issue all written c ha rry e
or w or~ orde rs to the contrac t doc uurents.
6 .4 CI TY and DI STRICT shall jointly conduct a f i nal inspection of c~r ~leted
fa c rl i ties .
6 .5 CIT Y •ill provide the DISTRI CT with • set of ~eylar reprod uc i ble "es
built" drawings .
7 . CQ.N~T_RU~TIQ.N __ (!i_fi_N_Li_[ _9KQER2_
I n the e ve nt that , in t he prosecution of the work under the construction
co n t r act , it becomes necessar·y and ad vi s able to change the s.:ope or detail of
the wor ·k to be perfonned under t he contrac t(s), such changes s hall be appro ved
by the CITY and DIST RICT .
In the e vent t hat a ny ch ang e o rders which are ruent i oned in the parayraph
irunedi a t e ly dbove req uire fund s o r monie s i n addit i o n to those which have prev iously
heen de pos i ted and c om ni tted , the ap pr op r i ate share s of such additio na l costs sha ll
be computed in t he san>e fash ion as we re the o r igi na l shares as set fort h in Section
5 o f thi s Agr eemen t. Such add1t10n~l mo ni e s shall be deposited by the re spective
pa rti es into the Li tt l e Dry Creek (Ara pahoe ) Sp e ci a l Fund of the DI STRI CT pri or to
the c hange be ing iss ue d. Suc h addi t ional fun ding shall require amendment of thi s
Agr eeme nt o nly wh e n total co5ts excee d thos e set fo rth i n Sec tion 4 .2 .
8. OWNE RSHIP A D MAIN TE NANCE
Pa rti es agree tha t CITY s hall own the completed facil ities and rights-
of-way aLquire d by virtue of th i s 1\yr~eure n t within their reSJlective bou nd ar ies .
The Parties f u rthe r agree t ha t DI STRICT , subject to the availability of fund i ng,
shal l ass ist CITY with the nklrn l enance o f all facilities co nstructed or modif ied
by vir t ue o f thi s Agr eeure nt . Suc h ma intenance a ssistance will be limited to
drainage and flood co ntrol f e atu r es of the project. The specific nature and tenns
of t he ma inte nan ce a ssistance shall be set forth in a sep arate 111eurorandiJT\ of
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unders tanding be tween OIS 1 RICT and Cl11. Pro pos ed .oranda of understandi ng ;all
be submi tted by DI STRICT t o CITY f or t l'l r review "' '' n sixty (6D) day s foll ...
the acc ep t a nce of t he Imp ro ve nt s . l nt enanc e a •sistance may i ncl ude activ 1t1 es
su c h a s keeping f l ow a re as free and c l ea r of deb ri ~ nd s ilt, cut t i ng and controlli ng
grass and weed s In the chan nel righ t -o f -wa y, kee pi r •l cu l ve r ts free of de bris )nd
sedi ment, repain ng dra i na ge and flood control structu,.es , s uch as dro p stru <Ure s
a nd energy di sslpators , repa i r eroded s e c ti ons of c han nel a nd dr a inage right -& w~y.
an d c l ean-up me as ures a fte r periods of he avy r unoff.
9 . TERM I NATI ON OF AGREEM ENT
This Agre en nt "'dY only be terminate d upo n mu tual agre.,men t f b o.~
Pa r ti es a nd onl y upo n the abrogati on of all con t ingen t , ou t standing co ntra c t s
Al l co s t s assoc ia t ed wi th the can ce l l ati on of t he co nt i ngent con tracts s ha ll be
sha red betw een t he two Pa rt i es .
10. CON TRA CT ING OFFI CE RS AND NOTI CE S
10 .1 The cont r acting o f f i ce r fo r CITY shall be Public Wor ks Direc tor ,
34 00 So ut h El a ti , Engl ewood, Colorad o 80110 .
10 .2 The co ntrac ti ng o ff i ce r f or DISTRICT s ha ll be the Ex ec ut i ve Director ,
2480 We st 26th Avenue, Suite 1568, Denver, Colora do 8021 1 .
10 .3 Any no ti ce r e lative to thi s co ntrac t s hall be de eme d deli vered when 1t
is address ed to the contra cting offi ce r of the ot her agen cy an d placed in t he U.S.
po s t al mails a s certi fied ma i l .
WII EREF ORE, the Par ti es here t o ha ve cau s ed th i s instrument t o be e xec ute d by
pro perly autho r ized s i gnatori es as of the date a nd year above wr i t ten .
(S EA L)
ATTE ST :
(SE AL)
ATTEST :
THE URGAN DRA INAGE AND
FLOOD CO NTROL DISTR ICT
By ______________________ __
Title ____ ~E~x~ec~u~t~i~v~e~D~i~r~e~c~to~r~-----
Date. ________________ _
CITY OF ENGLEWOOD, COLORADO
By ______________________ __
Title. ______ ~M~a4y~o~r ____________ __
Date ____________ ~-------------
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RESOLUTION NO. d /
SERIES OF 1981
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A RESOLUTION APPROVING A LEASE WITH MEDIA ENTERPRISES, INC.
WHEREAS, Media Enterprises, Inc. currently leases property
from the City of Englewood for operation of its broadcasting
facilities: and
WHEREAS, it is not necessary that this property be utilized
for present municipal operation: and
WHEREAs,· it is desirable for the health, safety and welfare
of the citizens of Englewood that the current lease with Media
Enterprises, Inc. be extended to December 31, 1995 unless otherwise
terminated pursuant to the terms of the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City Council her1~by approves a lease agree-
ment, consisting of six typewritten pages plus two exhibit pages,
leasing grounds therein described to Media Enterprises, Inc. pursuant
to the terms of said agreement.
Section 2. The City Council of the City of Englewood hereby
author1zes the Mayor of the City of Englewood and the Director of
Finance, ex officio City Clerk-Treasurer, to affix his signature
thereto and execute said agreement.
ADOPTED AND APPROVED this ________ day of _______________ , 1981.
Eugene L. Ot1s, Mayor
Attest:
ex off1c1o C1ty Clerk-Treasurer
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 1981.
Gary R. H1gbee
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LEASE AGREEMENT
THIS INDENTURE, made as of the _______ day of ________________ _
1981, by and between the CITY OP ENGLEWOOD, COLORADO, a Municipal
corporation, hereinafter called "Leasor", and MEDIA ENTERPRISES,
INC., a Colorado corporation, hereinafter called "Lessee.•
WITNESSETH
That Lessor, for and in conaideration of the rent hereinafter
specified to be paid by Lessee and the covenants and agreements
hereinafter contained,by the Leaaee to be kept and performed, has
demiaed, leased and let unto said Lessee those certain premises in
the City of Englewood, County of Arapahoe, State of Colorado,
described on Exhibit A and shown outlined in red on the print
marked Exhibit B, both of which exhibits are attached hereto and by
this reference incorporated herein for all purpoaes as if fully set
forth at length, to have and to hold under said Lessee on the
following terms and conditions:
1. Term. The term of this lease shall be twelve (12) years
beginning on the 1st day of January, 1984 and ending on the 31st
day of December, 1995, except as otherwise hereinafter provided.
2. ~· Lessee convenants and agrees to pay to Lessor
as rent for the said premises a sum of One Hundred Fifteen Thousand
Two Hundred Dollars ($115,200) for full term hereof, which rental
shall be paid in installments as follows:
Five Hundred Fifty Dollars ($550) payable on the
1st day of January, 1984 and Five Hundred Fifty
Dollars ($550) on the 1st day of each month there -
after until December 31, 1985;
thereafter, the rent shall be Six Hundred Fifty
Dollars ($650) per month payable on the 1st day
of each month beginning January 1, 1986 and
continuing on the first day of each month until
December 31, 1987:
thereafter, the rent shall be Seven Hundred Fifty
Dollars ($750) per month payable on the 1st day
of January, 1988 and Seven Hundred Fifty($750)
per month thereafter payable on the first day of
each month until December 31, 1989:
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thereafter , the rental shall be Eight Hundred
Fifty Dollars ($850) per month payable on the
first day of the month commencing January 1,
1990 and continuing each month thereafter
until December 31, 1991;
thereafter , the rental shall be Nine Hundre d
Fifty Dollars ($950) per month payable on the
firs t day of the month commencing January 1,
1992 and continuing monthly thereafter until
December 31, 199 3 .
thereafter, rental shall be One Thousand Fifty
Dollars per month comme n cing January 1, 1994
and payable on the first day of each month
hereafter until c onclusion of lease term or
until termination as provided herei n.
3. Purposes. Said premises shall be used for radio trans-
mitter building and tower antenna and for general radio station
operation and for no other purposes whatsoever without the written
consent of Lessor being first had and obtained.
4. Building and Improvements. Lessee may, at Lessee's
sole cost and expense, make such changes, alterations or improve-
ments, including the further construct ion of buildings as may be
necessary to fit said premises for such use, and all bui ldings,
fixtures and improvements , of e v ery kind and nature whatever,
installed by Lessee, shall remain the property of Lessee who may
remove the same upon the termination of this lease, provided that
such removal shall be done in such a manner as not to injure or
damage the demised premises , and provided further, that should
Lessee fai l to remove such buildings, fixt ures or improvements as
above provide d, Lessor, at its option , may req uire Lessee to remove
the same . I n the even t that said Lessee shall fail to remove said
buildings, fixtures and improvements after receipt of notice from
Lessor, Lessor may r emo ve the same and dispose of the same as it
sees fit, and Lessee agrees to sell , assign, transfer and set over
to Le s sor a ll of Lessee 's right, title and interest in a nd to said
buildings, fixtures, improvements and any personal property not
r e moved by Lessee for the sum of One Dollar ($1 .00). Lessee further
agrees that should Lessor remove said buildings, fixtures and i mp rove-
ments as above p r ovided, Lessee will pay Lessor, upon demand, the
cost of such removal plus the cost of tra nsportation and disposition
thereof.
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5. Taxes. Lessee shall pay any and all taxes levied and
assessed upon any personal property, buildings, fixtures , and
improveme nts belonging to Lessee and located upon said demised
premises and all leaseho ld and possessory interest, taxes, levied
or assessed by any proper taxing authority.
6. Repairs and Maintenance . Lessee represents that Lessee
has inspected and examined the demised premises in occ upying said
premises at the present time and accepts them in their present
condition; Lessee agrees that Lessor shall not be required to make
any improvements or repairs whatsoever in or upon the premises
hereto demised or any part thereof. Lessee agrees to make any and
all improvements and repairs at Lessee's sole cost and expense and
agrees to keep said premises safe and in good order and condition
at all times during the term hereof. Upon expiration of this
lease, or at any sooner termination thereof, Lessee shall quit and
surrender possession of said premises quietly and peaceably and in
as good order and condition as the same were at the commencement
hereof, reasonable wear and tear and damage by the elements excepted.
Lessee further agrees to leave said premises free from all nuisance
and dangerous and defective conditons.
7. Assignment of Lease. The Lessor will only permit
assignment of this lease to a successor broadcasting entity that
receives a favorable application from the Federal Communications
Commission, as evidenced by written communication from assignee
to Lessor. Neither the demised premises nor any portion thereof
shall be sublet, hypothecated or mortgaged by Lessee.
In the event that Lessee shall become bankrupt or
insolvent or should a trustee or receiver be appointed to
administer Lessee's business or affairs, neither this lease nor any
interest herein shal l become an asset of such trustee or receiver
and in the eve nt of the appointment of any such trustee or receiver,
this lease shall immediately terminate and end.
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8. Liability. Lessee shall save Lessor harmless from any
costs, loss or damage that may arise out of or in connection with
this lease or the use of demised premises by Lessee or his agents
or employees or any other person using said premises ; and Lessee
agrees to deliver to Lessor, upon the execution of this lease, two
(2) executed copies of the continuing public liability and property
damage insurance policy satisfactory to Lessor, indemnifying and
holding Lessor harmless against any and all claims in the amount
of One Hundred Thousand Dollars ($100,000) for injury to any one
person and Three Hundred Thousand Dollars ($300,000) per any
occurrence and shall keep the same in force during the term of this
lease.
9. Mechanic's Liens. Lessee agrees that at least five (5)
days before any construction work, labor or materials are done,
used or expended by Lessee or on Lessee's behalf by any person,
firm or corporation or by any contractor that Lessee will post and
record, or cause to be posted or recorded as provided by law, a
Notice of Nonresponsibility on behalf of Lessor, giving notice
that said Lessor is not responsible for any work, labor or materials
used or expended or to be used or expended on the demised premises.
Further, Lessee agrees that in the event it is deter-
mined there is one or more mechanic's liens with a valid foreclosure
action for the collection of same, said Lessee shall hold the Lessor
harmless and shall forthwith pay such liens.
10. Termination by Lessor or Lessee. Lessor may terminate
this lease at any time it should be determined by City Council
that public necessity and convenience require it to do so, by serv-
ing upon Lessee in the manner hereinafter provided, a written
notice of its election so to terminate, which notice shall be served
at least eighteen (18) months prior to the date named for such
termination.
Lessee may terminate this lease at any time by serving
upon Lessor in the manner here inafter provided a written notice of
its election to do so; said notice shall be served upon Lessor
at least twelve (12) months prior to the date named for termination.
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11. ~· In the event that Lessee shall be in default
of a n y p ayme nt of any rent or in performan ce of any of the terms or
cond ition s he r ein agreed to be ke p t a nd performed by Lessee , Lessor
may t e rminate a nd end t h is lease for t hw i th,and Lessor ma y e nt e r
u pon s aid pre mises a nd remove a l l persona and property the r efrom.
And Lessee sha l l not be e n titled to any aoney paid here under o r
any part thereof. In the even t Lessor shall bring a l egal ac tion
to enforce any of the t e rms hereof, or to obtain possession of s aid
premises by reason of any d e fault of Lessee, o r otherwise, Lessee
agrees to pay Lessor all c oats of such legal action plus r e ason-
able attorney's fees t herefor.
12. Holding Over. In the event that Lessee shall hold
over and remain in possession of the demised premises under the
provisions of paragraphs l or 10 hereof, such holding over shall
be deemed to be from month-to-month only and upon an accelerated
rental in the amount agreed upon by both parties pri or to July 1,
1994. All the other terms, covenants and conditions as contained
herein are to rema i n the same.
13. ~· Any notic es which are required hereunder,
or which either Lessee or Lessor may desire to s e rve upon the
other, shall be in wr i ting and shall be deemed served when delivered
personally or when deposite d in the United States mail, certif i ed,
return receipt r e quested, postage prepaid, addressed to Lessee
at P .O. Box 506, Arvada, CO 80001, or addressed to Lessor at
3400 South Elati S t ree t, Englewood, CO 80110, Attention
Director o f F inance , ex offici o City Clerk-Treasurer.
14. Waiver. Waiver by Lessor or any default in pe rformance
b y Le ssee of any o f the te rms, c on v enants or cond i tions contained
herein sh a ll n ot b e deemed a c ontinuing waiver of the same or any
subseque nt d e f a ult h e rein.
15. Compliance wi th Laws . Lessee agrees to comply with
all laws, ordinances, rules and regulations which may pertain
o r apply to the demised premises and the use thereof .
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16. Lessor May Enter. Lessee agrees that Lessor, its
agents or employees, aay enter upon said premises at any time
during the te~or any extension hereof, for the purpose of
inspection, digging teat holes, making surveys, taking measure-
menta and doing similar work necessary for the preparation of
plans for construction of buildings or improvements on said premises
with the understanding that said work will be performed in such a
manner as to cause a minimum of interference with the use of
property by Lessee.
17. Successors in Interest. All the terms, covenants and
conditions contained herein shall continue and bind all successors
in intereat of Leaaee herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their banda and seals the day and year first above written.
Attest:
Gary R. H~gbee, Dlrector of F1nance
ex officio City Clerk-Treasurer
Attest:
Secretary
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CITY OF ENGLEWOOD, COLORADO
a Municipal Corporation, Lessor
By--~~~-.~~~~~~---Eugene L. Ot~s, Mayor
MEDIA ENTERPRISES, INC.,
a Colorado Corporation, Lessee
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EXHIBIT "A"
Legal Description
A tract of land in the northeast o[18-qu&rter
of Sec. 33, Twp. 4S., Rge. 68 W. of the 6th
P.M., all within the City of Englewood, County
of Arapahoe, State of Colorado, collllll8ncing at
the northeast corner of Sec. 33, Twp. 4S. , Rge.
68 W. of the 6th P.M.; thence west along the
north line of said Sec. 33, 243 feet; thence
s. 11°30 1 W. 30.60 feet to the true point of
beginning; thence continuing S. 11°30' W.,
343.92 feet; thence east and parallel to the
north line of Sec. ~3, 23.16 feet; thence s.
12°51 1 W. 69.74 feet; thence west and parallel
to "the north line oj: said Sec. 33, 422.97 feet;
thence north 405.00 feet; thence east and paral-
lel with the north line of Sec. 33, 483.90 feet
to the true point of beginning. Said tract con-
tains 4. 15 acres, more or less.
And in addition, the use of the 30 feet south of,
and adjacent to, the north line of Sec. 33 from
South Platte River Drive to a point 249 feet
west of the east line of said Sec. 33 for ingress
and egress to the lease site •
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£~UI&IT •a,.
VICINITY MAP
RADIO TOWER LEASE
Scale
1"=300'
.,. ....
l
I . • HJD 10112/73
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C 0 U N C I L C 0 1 M U N I C T I 0 N
DATE IT EM SUBJECT
Apr 1 30, 19 81 Lease with Media E tcrpr~5es, KQ XI
INI TIATED BY Ke ls Wa~G~~~o~n~e~~D~i~r~e~c~t~o~r~o~f~~P~u~b~l~i~c~W~~~r~k~s~-----------
ACTION PROPOSED ______ ~A~u~t~h~o~~=i~z~a~t~i~o~n~~t~o~e~x~e~c~u~t~e~=l~e~a~s~e~a~q~r=e~c~rn~n~t~w~l~t~h~--
Media Enterprises, KQX~ [or twelve years.
Background Informat1on:
The City of E~gl~wood has a lease agreement with Media Enter prises,
l<QXI, wh ich expires Decernb r 31, 1983. They are anxio us to rene w the
lease to and in clud ing 1 9 95. KQXI is a radio station and the br oad-
casting facilitie s are located on Platte River Dr i ve just east o f
the City o f Englewood an1mal control facility. Their pre sent le ase
ca lls for payment s o f $350.00 per month beginning January 1, 1982
unt il the expiration of the lease.
A new lease is being p ropo sed which is es s ential! the same as the
existing lease exc ept for the rental fee and the term of the lease.
Since this property wo uld not be involved in any p l ant expansion at
least unt il 199 5,the lease term would be for 12 y ears beginning on
January 1 , 198 4 and end1ng on December 31, 1995. The rental fee
over the twelve year period would be $115,200, payable at the rate
of $550 per month fo r years 1984 and 1 9 85; $650 per month for 1986
and 1987, $750 per month for 1988 and 19 89, $850 per month for 1990
and 1991; $950 per month for 1992 and 1993; $1,050 per month fo r
1 994 and 1995. The lease does have a termina t ion clause of 1 8 mo nths
for the City and 1 2 months for the l essee.
Recommendation:
That the Mayor be authorized to execute the lease on behalf of the
City .
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'HI S INDEN T RE , !lkldE'I of the _d y of _______ _
19 1, h i~d betw e~n th~ CITY OP ENGLE n, COLOAADO, a Munl.clpill
co po ,~io n , h ere nafter cal ed "l.eaaor", and MEDIA ENTERPRISES ,
I! a 'o l ora o corpo~ation, here i n after called "L ssee. •
l:TNE SETH
That Lessor,for and in consideration of the re~ hereina fter
S >~ ified to be paid by L see an d he covenants ani agreements
h treina fte r contained,by the Lessee to b e kept an ~.rfo rmed, ha s
d mised, leased and le unto said Le ssee those c e rta in premises in
t he City of En glewood, Coun t y of Arapa hoe, State of Colorado ,
d escrl.hed on Exhibit A and shown outlined in red on the prl.n t
mar ui Exhi bit B, both of wh ich exhi bits are attached hereto and by
th l., reference l.ncorporated herein for all purposes as if fully set
forth at length, to have and to hold under said Lessee on the
fo ll01viny t erms and con ditions:
1. 'l'erm. The term of this lease shall be twelve (12) years
beg.nning on the 1st day of Jan uary, 1984 and ending on the 31st
day ~f December, 19 95 , exce pt as otherwi se hereina fte r provi ded.
]. Rental . Lessee convenants and agrees to pay to Lessor
as 1 nt lor the said prem1.ses a s um of One Hundred Fifteen Thousand
Two un< e d Dollars ($115 , 20 0) for full term hereof, which rental
sha l l paid in installme nts as follows:
Five Hundred Fifty Dollars ($550) payable on the
lst day of January, 1984 and Five Hundred Fifty
Dollars ($550) on the 1st day of each month there-
after lllntil De c e mber 31, 1985;
t here after, the rent shall be Six HUJndred Fifty
Dollars ($650) p er month payable on the lst day
of eac h month beginning January 1, 1986 and
continuing on the first day of e ach month until
December 31, 1987;
t hereafter , the rent shall be Seven Hund red Fifty
Dolla rs ($7 50 ) per month payable on the lst day
of January, 198 8 and Seven Htllnd red Fifty($750)
per month thereafter payable on the first day of
each month unti l December 31 , 1989;
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ifty
f~rst day of t
1990 and co; tJ.n
until Dece
thereafter th
F ~fty Dollars
first day of t
1992 and c.:.nt~n
o cembe r 31 , 1
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a hall
nuary
J: a!ter
r ~taJ h 11 ~ Hundred
, S u) ~ month pa1d~le on the
th commen c. oq a nua ry 1 ,
ifiy mo~th ly the ~••~er unt~l
th&reafte r, rent 1 a h 11 be One Th·; sand Fifty
Dollars p r mont ~c ncing ~ n ·a 1, , 94
and payable on the fi r $t day ot • month
thereafter unt:~l c uc _.,_.on of lo:, ~"' t erm or
until t ermina ion a a provided r.ere1 "·
3. Purposes. Said pL ~ro~s~s s hall u used for rad~o trans-
mitter building and tower ant r.na and for g ~neral rad10 stat1on
operat ~on a nd for no other p •1r o ses whatsoever without the written
consent of Lessor be~ng f.Lr + h~j and obtained.
4. Building and I mp~ 'e nts. Lessee may, at Lessee's
£.:iole cost a nd expense, mnk L ~ '-h ~...:h an g es, alLerations or 1.mprove-
ments , incl uding the further c onstr uction of b ui l d ings as may be
nece ssary to fit said pren.s<!s tor such use , and all build~ngs ,
fixture s and improvements, of every kind and nature wha tever ,
ins ta lled by Lessee, shal l r, ~-the property of Lessee who may
remove the same upon the ter~4n t:.1. n of this lease, prov~ded tha t
such removal shall be done .1.n s u ch a manner as not to ~nJure or
damage the demised premises, "nu provided further, t h at should
Lessee rai l to r emove such bu~l .1.n gs, fixtures or i mprovements as
above provided, Lessor, at its opt ion, may require Lessee to r emove
the s ame. I n th~ e vent that sa_d Lessee s h all fail t o remove said
buildings, fixtu r es and impr cJen~n ts after receipt of notice from
Lessor , Lessor ma y r e move the sane and dispose o f t he same as it
sees fit , and Lessee agrees to se ll, assign , t ransfer and set over
to Lessor all o f Lessee 's right , title and i nterest i n and to said
buildings , fixtu res, improvements and any p erson a l property not
removed by Lessee for the sum of One Dollar ($1.00 ). Less ee f urther
agrees tha t should Lessor remove said buildings , fixtur e s and improve-
ments as above provide d, Lessee will p~y Lesso r , upon dema nd, the
c ost ·of s uc h remova l p lus t he c ost of transportation and disposition
thereof .
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!>. Ta x~ ssee shal l pay any and all tax~::s •&vJ.ed au
assessed upon any personal property, buildings, fix ~£& and
improvements belongi g to Lessee and located upon a1d mised
premises and 11 ~ea• hold and possessory int eres~. t~~b a, lev1 ~0
o r assessed by ny prop r t axing auth ority.
6. Repa .r and Ma1ntenance. Lessee represen ts t r t Le~~~
h as inspected and examined the demised premises i n occ ~p }•ng s a1d
premises at the pJ.-e n t time and a ccept s them in th•, ... L -:>r esent
cond i tion; Lessee agJ.e _.s that Le ssor shall no t be r 1. d to ma~
any improvements or r p airs whatsoeve r in or upon the pr~mi ses
hereto demised o r any p art Lhereo f. Lessee agrees to l<c any , d
all i mprovemen s dOd r epairs at Lessee 's sole cos t a~o (xpense and
agrees to kee p said p remi s es safe and in good order d conditJ.e>n
ilt al l times dur i ng the term hereof. Upon expiration of this
lease, or at a ny s ooner termina tion thereof, Les see shall quit j
surrender posses s ion of said premise s quietly and peaceably and 1
a s good order and c o dition as the same were at the commencement
hereof , reasonab e ~ea r and tear and dama ge b y the elemen ts e xc e ~c•r.
Lessee f urther agre es to leave said premises fre e from a ll nuisanc_.
and dange r ous ~nd d efective c onditons.
7. Assi gn .nt of Lease. The Lessor will only permit
assignment of this lease to a successor broadcasting entity that
receive s a f avo rable appl i cation from the Federal Commun ications
CommJ.ssion, as evidenced by written communication from ass i gnee
to Lessor . Neither the demised premises nor any portion thereof
shall be sublet, hypothecated or mortgaged by Le ssee.
In the event that Lessee shall become bankrupt or
~n -o lvent or should a trustee o r receiver be appoin ted to
~dM J.!I s ter Lessee's business or affairs, neither th~s lease nor any
interest herein shall become an asset of such trustee or receiver
and in the event of the appointment of any such trustee or receiver ,
this lease shall immediately terminate and end .
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8 . Ll.abl.ll.ty . c &:;ee shall save Le s sor h arrnl<.: ·, f r,... ar.
costs, loss or darnag h a t may ar1se out of o r 1.n con n .. tl.o' 1.n Lh
h1.s l ease o r the us ~ of dem1.s p remis es by Lesse e or 11.s 1 <n
or m loyees or any o ther p rson us1.ng sal.d preml.ses; d Od Le.~c
a g ree s t o d e ll.v r t o L ssor, upon the executl.on of this lease, tw
(21 xecuted cop 1.e s of the continu ing public liabil1.ty an d p roper y
damagcl i nsurance poll.ey a t J.sfactory to Lessor, l.n demn J.f ing
ho 3. J Lessor h rmless ag3 inst any and all c la l.rns i n thP amoun
of <. ,., Hundred Thou n d Do l lars ($1 0 0 ,000 ) for l.n)ury tQ any one
pers on and Three Hundred Thousand Do l lars ($300,0 00) per any
occurrence and shall k ee p the s ame in force d u ring tn term of th1
lease .
9. Me chanic 's Li n s. Le ssee ag rees that at lea s t f i i e (5)
<.lu y» be f ore <t ny co n~tJ.uc tH 1ork , labor or materials a r" done,
used or expended by Le ssee or on Lessee 's behalf by any person,
f irm or cor oration or b y any contrac tor that Lessee will p ost nd
reco rd, or cause to be posted or recorded as prov1.ded by law , a
Noti ce of Nonrespons J.bility on b ehalf of Lessor, giving notice
that said Lessor i s not responsible for any work, labor or mate r J.al s
used or expended or to be used or expended on the demi sed premi ses.
Further, Lessee agrees that i n the event it is d P t r-
mi ned there is one o re mechanic's liens with a valid f orec losure
ac t1.on for the coll ecti on o f same , said Le s see shall hold he Les~or
harmle ss and shall forth wi th pay such liens .
10. Termination by Lessor or Lessee. Le ssor may terminate
this lease at any t i me it should be determined by City Council
t hat public neces sity and c onvenience require it to do s o, by serv-
ing upon Lessee i n the manner hereina fter prov ided, a wr l tten
not1.ce of i ts elect ion so t o terminate, which notice shall be serve~
a t least eighteen (18) months prtor to the d ate named for such
tC:!l.mi.na tio n.
Les see may t ermi nate this lease at any time by serv J.ng
upon Lessor in t he ma n ner hereinafter provided a writte u noti ce of
i t s el e c tion t o d o s o; said n otice shall be served upon Lessor
a t least twelv e (12) mo nths prior to the date named f or terminat ion.
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11. Default. In th event tha Lessee shall be ~n d fault
of any payment of any r nt or ~n performance of any of t.h t.ernu. or
cor.di t~ons hereLn agr d to b& kept a nd performed by Lc8r,~ , L~ssor
rnuy t~rm~nate and end t h1.s l eds~ forthwith, and I. sso•· may enLer
upon sa~d pr mises an d remove all p e rsons a nd property therefrom.
And Lessee shall not be Gn t•tled to a ny money paid h~r~und r or
any part thereof. In he event Le ssor shall bring a legal ac ~on
t Pn.orce any o f the erms hereof, or o obtain posse s.>.on of s ~d
prem~sea by reason of ny default of Lessee, or othervise, I.essee
agrees to pay Lesso1. all costs of such legal act1.on plus rea on-
able attorne y's fees there for .
12. Holding Ov r. In the event that Lessee shall lold
over and remain in poss ss1~n o he dem1.se premises unde1 the
provi~iOn> of paragraphs 1 or 10 hereof . such hol 1.ng ov r shall
be deemed t.o be from month-to-month only and upon an ccelerated
rental in the amount agreed upon by both parties pr1.or to July 1,
1994. All the othe terms, covenants and cond~t1.ons a cont~i ned
herein are to rema 1.n the same.
13. Notices. Any notices wh1.ch are requ1.red here~nder,
or which either Lessee or Lessor may desire to serve upon the
other, shall be 1.n writing and shall be deemed served whe n delive red
personally or when deposited in the United States mail, ce rtif1.ed,
return receipt requested, pos tage prepaid , addre ssed to Le:. ·ee
at P.O. Box 506, Arvada, CO 80001, o~ addressed to Lessor at
3400 South Elati Street, Englewood, co 80110, Attention
Director of Finance, ex officio City Clerk-Treasurer .
14. Waiver. Wa iver by Le s sor or any de fa ult in performance
by Lessee of any of the terms, convenants o r condi tions contained
here1.n shall not be deemed a continuing waiver of the sa~ or a ny
subsequent default herein.
15. Compliancs with Laws. Lessee agr ees to comply with
all laws, ordinances, rules and regulatio ns which may pertain
or apply to ~he demi sed premises and the use thereof.
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a;en
16. L asor May Enter. L aa e agre s that. Le:>sor, l.t:s
or employees, may t•nter upon sa J.d p.c .rnl.SI.S t <tny ti
dur.l.nq he term, or an}' '"xtension hereof, or the purpose of
1nspec ion, digging lest ho les, 11111k i ng surv vs, ta~.1ng mea sur -
roents and doing simi ar vork neceaaary tor the preparation of
plans for con tructioJ of buJ.ldin a or ~rove nta on said prr.ml_ s
w t.h the undera•an 1ng hat s id vork vill be perforned in e uc a
manner 6-to cause mini~um o inte rference with the use of
property by Leesee.
1 Succe sso rs in Intereat. Al l the te covenants ar.d
cond1tiona contained heret.n anall cont1nue and bJ.n d all s c:::es or
in interest of Le see herein.
IN WIT SS WHEPEOF, h E> parties her· to havP hereunto set
their hands ana ~eals he day and year first above ~ritten.
Atte st:
Gary R. H.l.gb ee , D1rector of Finance
ex officio City Clerk-Treasurer
Attest:
Secre tary
CITY OF ENGLEWOOD, COLORADO
a Municipal Corporatl.on , Lessor
MEDI A ENTERPRISES, IN .,
a Colorado Corporation, Lessee
By~~~~-~--~r-~~~~~~---Larry Green, V1ce President
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t:Xl:!IBIT "A"
~Desc ript ion
A tract of 1 d in the uorth~ast 01:1 _,uart~r
of Sec. 33, Twp. 4S., lge. 68 W. of tt 6tt
P .H., all wLthin Lhe City of Engle~ouu, ~o ~Y
of Arapahoe, State of Colorado, co acing at
the no rtheast corner of Sec. 33, Tw p. 45., Rge.
68 W. of the 6th P.M.; thence vest loa~ the
north line of said Sec. 33, 243 fee ; thenc~
S. 11•30' W. 30.60 feet to the true po nt of
beginning; thence continuing S. 11•30 W'.,
343 .92 feet; thence eaa t and parallel to t •
north line of Sec . ~3, 23 .16 f eec , tt.ence S
12•51 ' W'. 69 .74 feet; thence west and parallel
to the north line of: aaid Sec . 33, 422.97 feet;
thence north 405 .00 feet; thence e ase a4d p xal-
lel with the north line of Sec. 33 , 433.90 feet
to the t rue p oint of beginning. S ai.d tract: cvn-
tains 4.15 acres, 1110re or less.
And in ad d ition , the use o f the 3 0 feet south of ,
and adjacent t o, the north line of Sec. 33 from
Sou th l'latte Rive r Drive to a poi n t 249 feet
...est: of the eas t line of said Sec. 33 fol· ingress
and e gn<.:>S to t he lease site.
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VICINITY MAP
RAD IO TOWE R LEA SE
Stole
1"=300'
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a: l au .;t ~· ·"'-:~ -'i I •U
...JI ~~ /~ I :~;I Q . ,'~/.'
!f.n/ I
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HJO 10/12/73
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RESOLUTION NO.
SERIES OF 1981 ____ __
A RESOLUTION APPROVING A LEASE WITH MEDIA ENTERPRISES, INC.
WHEREAS, Media Enterprises, Inc. currently leases property
from the City of Englewood for operation of its broadcasting
facilities; and
WHEREAS, it is not necessary that this property be utilized
for present municipal operation; and
WHEREAs,· it is desirable for the health, safety and welfare
of the citizens of Englewood that the current lease with Media
Enterprises, Inc. be extended to December 31, 1995 unless otherwise
terminated pursuant to the terms of the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City Council hereby approves a lease agre e-
ment, consisting of six typewritten pages plus two exhibit pages,
leasing grounds therein described to Media Enterprises, Inc. pursuant
to the terms of said agreement.
Section 2. The City Council of the City of Englewood hereby author~zes the Mayor of the City of Englewood and the Director of
Finance, ex officio City Clerk-Treasurer, to affix his signature
thereto and execute said agreement.
ADOPTED AND APPROVED this ________ day of ______________ , 1981.
Attest:
Eugene L. Ot~s, Mayor
ex off~c~o C~ty Clerk-Treasurer
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 1981.
Gary R. H~gbee
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LEASE AGREEMENT
TillS INDENTURE, made as of the ____ day of ________ _
1981, by and between the CITY OF ENGLEWOOD, COLORADO, a Muni c1pal
corporation, hereinafter called "Lessor•, and MEDIA ENTERPRISES,
INC., a Colorado corporation, hereinafter called ~Lessee."
WITNESSETH
That Lessor, for and in consideration of the rent hereinafter
specif1ed to be paid by Lessee and the covenants and agreements
hereinafter contained, by the Lessee to be kept and performed, has
demised, leased and let unto said Lessee those certain premises in
the City of Englewood, County of Arapahoe, State of Colorado,
described on Exhibit A and shown outlined in red on the pr1nt
marked Exhibit B, both of which exhibits are attached hereto and by
this reference incorporated here in for all purposes as if fully set
forth at length, to have and to hold under said Lessee on the
following terms and conditions:
1. Term. The term of this lease shall be twelve (12) years
beginning on the 1st day of January, 1984 and ending on the 31st
day of December, 1995 , e x cept as otherwise hereinafter provided.
2. Rental. Les see convenants and agrees to pay to Lessor
as rent for the said premises a sum of One Hundred Fifteen Thousand
Two Hundred Dollars ($115,200) for full term hereof, whi ch rental
shall be paid in installments as follows:
Five Hundred Fifty Dollars ($550) payable on the
lst day of January, 1984 and Five Hundred Fifty
Dollars ($550) on the lst day of each month there-
after until December 31, 1985;
thereafter, the rent shall be Six Hundred Fifty
Dollars ($650) per month payable on the lst day
of each month beginning January 1, 1986 and
continuing on the first day of each month until
December 31, 1987;
thereafter, the rent shall be Seven Hundred Fifty
Dollars ($750) per month payable on the lst day
of Janua ry, 1988 and Seven Hundred Fifty($750)
per month thereafte r payable on the first day of
each month until December 31, 1989;
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thereafter, the rental shall be Eight Hundred
Fifty Dollars ($850) per mon th payable on th
first day of the month commencing January l,
1990 and conttnuing each month thereafter
un il December 31, 1991;
thereaf er, the rental shall b Nine Hundred
Fifty Dollars ($950) per month payable on the
first day of the month commencing January 1,
1992 and continuing monthly thereafter until
December 31, 1993.
thereaf er , rental shall be One Thousand Ftfty
Dollars per month commencing January 1, 1994
and payable on the first day of each month
thereafter until conclusion of lease term or
until terminat ion as provided herein.
3. Purposes. Said premises shall be used for radio trans-
mitter building and tower antenna and for general radio station
operat ion and for no other purposes whatsoever without the written
consent of Lessor being first had and obtained .
4. Building and Improvements. Lessee may, at Lessee's
sole cost and expense , make such changes, alterations or improve-
ments, including the furthe r construction of buildings as may be
necessary to fit said premises for such use, and all buildings ,
fixtures and improvements, of every kind a nd nature whatever,
installed by Lessee , shall remain the property of Lessee who may
remove the same upon the termination of this lease, provided that
such removal shall be done in such a ma _nner as not to injure or
damage the demised premises, and provided further, that should
Lessee fail to remove such buildings, fixtures or improvements as
above provided, Lessor, at its option, may require Lessee to remove
the same. In the event that said Lessee shall fail to remove said
buildings, fixtures and improvements after receipt of notice from
lessor, Lessor may remove he same and dispose of the same as J.t
sees fit, and Lessee agrees t o sell, assign, transf e r and se ove r
to Lessor all of Lessee 's right, title and interest in a nd to said
buildings, fixtures , improvements and any personal property not
removed by Lessee for the sum of One Dollar ($1 .00). Lessee further
agrees that should Lessor remove said buildings, fixtures and improve-
rnents as above provided, Lessee will pay Lessor , upon demand, the
cost of such removal plus the cos t of transportation and disposition
thereof.
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S. Taxes. Lessee shall pay any and all taxes lev~ed and
assessed upon any personal property, buildings, fixtures, and
improvements belonging to Lessee and located upon said demised
premises and all leasehold and possessory interest, taxes, levied
or assessed by any proper taxing authority.
6. Repairs and Maintenance. Lessee represents that Lessee
has inspected and e xami ned the demi sed premise s in occupying said
premises at the present time and accepts t hem in their p resent
condition; Lessee agrees that Lessor shall not be required to make
any improvements or repairs whatsoever in or upon the premises
hereto demis ed or any part the reof. Lessee agrees to make any and
all improvements and repairs a t Lessee's s ole cost and expense and
agrees t o keep said p remises safe a nd in good o rder and condition
at all times during the term h e reof. Upon expiration o f this
lease, or at any sooner termi nation thereo f , Lessee shall quit and
surrender po ssession of said premises quietly and peaceably and in
as good order and condition as the same were at the commencement
hereof, reasonable we a r and tear and damage by the elements excepted.
Lessee further agrees to leave said premises free from all nuisance
and dangerous and defective conditons.
7 . Ass ignment of Lease . The Lessor will only permit
assignment of th is lease to a successor broadcast ing entity that
receives a favorable application from the Fe deral Commun ications
Commission , as evidenced by written communication from assignee
to Lessor. Neithe r the demised premises nor any portion thereof
shall be sublet, hypothecated or mortgaged by Lessee .
In the event that Lessee shall become bank r upt o r
insolvent or should a t rustee or r eceiver be appointed to
administer Lessee's business or affairs, n either this lease nor any
interest herein shall become an asset of such trustee or receiver
and in the event of the appointment of any such trustee or receiver,
t h is lease shall imme diately terminate and end.
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8. L1ab1l1ty. Less e shall save L ssor harm! sa from any
costs, loss or damage hat may arise out of or in connection with
this leas or the use of demised premises by Lessee or h1s a gents
or employeea or any other person us inq said premises; and Lessee
agrees to d liver to Lessor, upon the e xecution of th is lease, two
(2) e xe c uted copies of the continuing public liability and property
damage insurance policy satisfactory to Lessor, indemnifying and
holding Lessor harmless against any and all claims in the amount
of One Hundred Thousand Dollars ($100,000) for injury to any o ne
person and Three Hundred Thousand Dollars ($300,000) per any
occurrence and shall keep the same in force during the term of this
lease.
9. Mechan ic's Liens. Lessee agrees that at l e ast five (5)
days before any construction work, labor or materials are done,
used or expended by Lessee or on Lessee's behalf by any person,
firm or corporation or by any contractor that Lessee will post and
record, or c ause to be posted or recorded as provided by law, a
Notice of Nonresponsibility on behalf of Lessor, giving notice
that said Lessor is not responsible for any work, labor or materials
used or expended or to be used or expended on the demised premise s.
Further, Lessee agrees that in the event it is deter-
mined there is one or more mechanic's liens with a valid foreclosure
action for the collection of same, said Lessee shall hold the Lessor
harmless and shall forthwith pay such liens.
10. Termination b y Lessor or Lessee. Lessor may terminate
this lease at any time it should be determined by City Council
that public nece ssity and convenience require it to do so, by serv-
ing upon Lessee in the manner hereinafter provided, a wr itten
notice of its election so to terminate, whi ch notice shall be served
at least eighteen (18) months prior to the date named f or such
termination.
Lessee may terminate this lease at any time by servi ng
up on Lesso r in the manner hereinafter provided a written not ice of
i ts election to do so; said notice shall be served upon Lessor
at l e ast twelve (12) months prior to the date named for termination.
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11. ~-In the e vent that Lessee s h a ll be in d faul t
o f any payment of any r e nt o r i n performanc e of any of t he terms or
c onditions herein a g reed to be kept and performed by Le ssee , Lessor
may terminate and end this lease forthwith,and Lessor ma y ente r
upon said premises and remove all persons and property therefrom.
And Lessee shall not be entitled to any money paid hereunder o r
ny part thereof. In the event Lessor shall bring a legal ac t i on
to enforce any of the terms hereof, or to obtain possession of said
premises by reason of any default of Lessee, or otherwise, Lessee
agrees to pay Lessor all costs of such legal action plus reason-
able attorney's fees therefor.
12. Holding Over. In the event that Lessee shall hold
o ver and remain in possession of the demised premises under the
provisions of paragraphs 1 or 10 hereof, such holding over shall
be deemed to be from month-to-mont h only and upon an accelerated
rental in the amount agreed upon by both parties prior to July 1,
1994. All the other terms, covenants and condi tions as contained
herein are to remain the same .
13. ~· Any notice s which are required hereunder,
or which either Lessee or Lessor may des ire to serve upon the
oth er, shall be in writing and s h all be deemed served wh en delivered
personally or when deposited in the United States mail , certified,
return rec eipt requested , postage prepaid, addressed to Lessee
at P .O. Bo x 506, Arvada, CO 80001, or addressed to Lessor at
3400 South Elati Street, Englewood, CO 80110, Attention
Director of Finance, ex officio City Clerk-Treasurer .
14. Waiver. Waiver by Lessor or any default in performance
b y Lesse e of any of the terms, convenants or conditions contained
herein shall n o t be deemed a continuing waiver o f the same o r a ny
subsequent default h e rein.
15 . Compliance with Laws. Lessee agrees to compl y with
all laws, ordinances, rules and regulations which may pertain
or apply to the demised premises and the use the r eof .
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16. Lessor May Enter . Lessee agr ees that Lessor, ita
agents or employees, say enter upon said premises at any time
during the term, or any extension hereof, for the purpose of
insp ection, digging test h oles, making s urveys, takin g measu re-
menta a n d d oin g similar wo r k necessa ry fo r the preparation o f
plans tor construction of b uild i ngs or impr oveme nts on s aid premises
wi t h the understanding t h a t said work wi l l b e pe r fo rmed in such a
manner a s to ca us e a minimum o f i nterferenc e wi th t h e use of
p roperty by Lesse e .
17. Successors i n Interest. All t he terms, cov e nan t s a nd
c ondit i ons con t a i ned herein shall con t inue and bind a l l s u ccess ors
i n i nterest of Lessee here i n .
IN WITNESS WHEREOF, the parties hereto h a ve h e reunto set
their hands and seals the day and year first above writte n .
Attest:
Gary R . H1gbee, D1rector of F1nance
e x officio City Clerk-Treasurer
Atte st :
Sec reta ry
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CITY OF ENGLEWOOD, COLORADO
a Munic i pal Corporation, Lessor
By __ ~~~~~~~~~~----Eugene L. Ot1s, Mayor
MEDIA ENTERPRISES, INC.,
a Colorado Corporation, Lessee
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EXHIBIT "A"
Legal Description
A tract of land in the northeast o~-quarter
of Sec. 33, Twp. 4S., Rge. 68 W. of the 6th
P.M., all within the City of Englewood, County
of Arapahoe, State of Colorado, colllll8ncing at
the northeast corner of Sec. 33, Twp. 4S., Rge.
68 W. of the 6th P.M.; thence west along the
north line of said Sec. 33, 243 feet; thence s. 11°30' W. 30.60 feet to the true point of
beginning; thence continuing S. 11°30' W.,
343.92 feet; thence east and parallel to the
north line of Sec. ~3, 23.16 feet; thence S.
12°51' W. 69.74 feet; thence west and parallel
to -the north line of said Sec. 33, 422. 9 7 feet;
thence north 405.00 feet; thence east and paral-
lel with the north line of Sec. 33, 483.90 feet
to the true point of beginning. Said tract con-
tains 4.15 acres, more or less.
And in addition, the use of the 30 feet south of,
and adjacent to, the north line of Sec. 33 from
South Platte River Drive to a point 249 feet
west of the east line of said Sec. 33 for ingress
and egress to the lease site.
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£XUI&IT .. 8 ..
VICINITY MAP
RADIO TOWER LEASE
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HJ D 10/12/73 I . •
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RESOL UTION NO. ____ __
SERIES OF 1981
A RESOLUTION APPROVING A LEASE WITH MEDIA ENTERPRISES, INC .
WHEREAS, Media Enterprises, Inc. currently lease s prope rty
from the City of Englewood for operation of its broadc a s ting
facilities; and
WHEREAS, it is not necessary that this property b e ut il ize d
for present municipal operation; and
WHEREAS,· it is desirable for the health, safety and welfare
of the citizens of Englewood that the current lease with Media
Enterprises, Inc. be extended to December 31, 1995 unless otherwise
terminated pursuant to the terms of the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section l. That the City Council hereby approves a lease agree-
ment, consisting of six typewritten pages plus two exhibit pages,
leasing grounds therein described to Media Enterprises, Inc. pursuant
to the terms of said agreement.
Section 2. The City Council of the City of Englewood hereby
author~zes the Mayor of the City of Englewood and the Director of
Finance, ex officio City Clerk-Treasurer, to affix his signature
thereto and execute said agreement.
ADOPTED AND APPROVED this ________ day of _______________ , 1981.
Eugene L. Ot~s, Mayor
Attest:
ex off~c~o C~ty Clerk-Treasurer
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 1981.
Gary R. H~gbee
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LEASE AGREEMENT
THIS INDENTURE, made as of the _______ day of ________ __
1981, by nd between the CITY OF ENGLEWOOD, COLORADO, a Kun<Clpal
corporat1on, hereinafter cal led "Lessor•, and MEDIA ENTERPRISES,
INC., a Colorado corporation, hereinafter called •Lessee.•
WITNESSETH
That Lessor, for and in considerat~on of the rent hereinaf er
sp cif1ed to be paid by Lessee and the covenants and agreements
hereina fter contained, by the Lessee to be kept and performed, has
demised, leased and let unto said Lessee those certain premises in
the City of Englewood, County of Arapahoe, State of Colorado,
described on Exhibit A and shown outlined i n red on the pr1nt
ma rked Exhibit B, both of which e xh ibits are attached hereto and by
this reference incorporated herein for all purposes as if fully s et
forth at length, to have and to h old under said Le ssee on the
following terms and conditions:
1 . Term. The term of this lease shall be twelve (12) years
beginning on the 1st day of January, 1984 and ending on the 31st
day of December, 1995, e x cept as otherwise hereinafter provided.
2-~· Lessee convenants and agrees to pay to Le ssor
as rent for the said premises a sum of One Hundred Fifteen Thousand
Two Hundred Dollars ($115,200) for full term hereof, which rental
shall be paid in installments as follows:
Five Hundred Fifty Dollars ($550) payable on the
lst day o f January, 1984 and Five Hundred Fifty
Dollars ($550) on the lst day of each month there-
after until December 31, 1985;
thereafter, the rent shall be Six Hundred Fifty
Dollars ($650) per month payable on the lst day
of each month beginning January 1, 1986 and
continuing on the first day of each month until
December 31, 1987;
thereafter, the rent shall be Seven Hundred Fifty
Dollars ($750) per month payable on the 1st day
of Ja nuary, 1988 and Seven Hundred Fifty($750)
pe r month thereafter payable on the first day of
each month until December 31, 1989;
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hereaft r, the rental shall be Ei9ht Hundred
Ftfty Dollars ($850) per month payabl on he
first da y of th month commencin9 January l,
1990 nd cont1nu1n9 each month thereafter
un 11 December 31, 1991;
thereafter, the rental shall be Nin Hundr d
Fif y Dollars ($950) per month payable on the
first day of the month commencing January 1,
1992 and con tinuing monthly th r after until
December 31, 1993.
thereafter, rental shall be One Thousand Ftfty
Dollars per month commencin g Janua r y 1, 1994
nd payable on the first day of each month
hereafter until conclu sion of lease term or
until termination as provided he r ein.
3. Purposes. Said premises shal l be used fo r radio tran s-
mitter build ing and tower antenna and for general radio station
operation and for no other purposes whatsoever without the wr itte n
consent of Lessor bein9 first had and obtained.
4. Building and Improvements. Lessee may , at Lessee's
sole cost and expense , make such changes, alterations or improve-
ments, including t he further construction of buildings as may be
neces sary to fit said premises for such use, and all build j ngs,
fixtures and i mprovem nts, of every kind and nature wh atever ,
installed by Lessee, shal l remain the property of Le ssee who may
remove the same u pon the termination of this lease, provided that
such removal shall be done in such a manner as not to in jur e or
damag e the demised premises, and p rovided further, t h at should
Lessee fail to remo ve such b uildings, fixtures or improvements as
above provided, Les sor, at its option, may require Le ssee to remove
the same. I n the event that said Lessee shall fail to remove said
buildings, fixtures and improvements aft er recei pt of notice from
Lessor, Lessor may remove the same and dispose of the same as ~t
s ees fit, and Lessee agrees to se ll, as sign, transfe r and set over
to Les s o r all of Lessee 's right, title and interest in and to said
buildings, fixture s, improvements and any personal property not
removed by Lessee for the sum of One Dollar ($1.00). Lessee further
agrees that should Lessor remove said buildings, fixture s and imp rove-
ments a s above provid e d, Lessee will pay Lessor , u pon d e mand, the
cost of suc h removal plus the cost of transportation and disposition
the r eof .
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5. Taxes. Lessee shall pay any and all taxes lev1 e d and
assessed upon any personal property, buildings, fi x tures, and
improvements belongi ng to Lessee and located upon said demis e d
premises and all leasehold and possessory interes t, taxes, levie d
o r assessed by any proper taxing authority.
6. Repairs and Maintenance. Lessee represents t hat Lesse
has inspected and examined the demised premises i n occupying said
premises at the p resent time and accepts them in their p resen t
condition; Le ssee agrees that Lessor shall not be requi red to mak
any improvements or repairs whatsoever in or upon the premises
hereto demise d or any part thereof. Lessee agrees to make any and
all improvements and repairs at Lessee's s ole cost and expense and
agrees t o keep said premises safe and in good order and condition
at all times during the term hereof. Upon e xpiration o f this
lease, or at any sooner termination thereof, Lessee shall quit and
surrender possession of said premises q u ietly and peaceably and in
as good order and condition as the same were at the commencement
hereof, r easonable wear and tear and damage by the elements e xcepted .
Lessee further agrees to leave said premi s es free from all nuisance
and dangerous and defective conditons.
7 . Assignment of Lease. The Lessor will o n ly permit
a ssignment of this lease t o a successor broadcasting entity that
rece ives a favorable application from the Federal Commun ication s
Co mmission, as evidenced by written communication from assignee
to Lessor . Neither the demis1 d pre mises nor any portion the r eof
shall be sublet, hypothecated or mortgaged by Lessee.
In the event that Lessee shall become bankrupt o r
insolvent or should a trustee o r receiver b e appointed to
administer Les s ee 's business or affairs, neither this lease nor any
i nte rest herein shall b ecome an a sset of such trustee cr receiver
and in the event of the appointment of any such trustee or receiver,
this lease shall immediately terminate a n d end.
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8. Liability. Lessee shall save Lessor h rmless from any
costs, loss or damage that may arise out of or in connection w~th
this lease or the use of demised premises by Lessee or his ag nts
or employees or any other person using said premises; and Lessee
agrees to deliver to Lessor, upon the execution of this lease, two
(2) executed copies of the continuing public liability and property
damage insurance policy satisfactory to Lessor, indemnifying and
holding Lessor harmless against any and all claims in the amount
of One Hundred Thousand Dollars ($100,000) for injury to any one
person and Three Hundred Thousand Dollars ($300,000) per any
occurrence and shall keep the same in force during the term of this
lease.
9. MecQan ic 's Liens. Lessee agrees that at least five (5)
days before any construction work, labor or materials are done,
used or expended by Lessee or on Lessee's behalf by any person,
firm or corporation or by any contractor that Lessee will post and
record, or cause to be posted or recorded as provided by law, a
Notice of Nonresponsibility on behalf of Lessor, giving notice
that said Lessor is not responsible for any work, labor or materials
used or expended or to be used or expended on the demised premises.
Further, Les s ee agrees that in the event it is deter-
mined there is one or more mechanic's liens with a valid foreclosure
a ction for the collection of same, said Lessee shall hold the Lessor
harmless and shall forthwith pay such liens.
10. Termination by Lessor or Lessee. Lessor may termina e
this lease at any ime it should be determined by City Council
that publ~c necessity and convenience require it to do so, by s rv-
ing upon Lessee in the manner hereinafter provided, a written
not1ce of its election so to terminate , which notice shall be served
at leas eighteen (18) months prior to the date named for such
terrninat1on.
Lessee may terminate this l ease at any time by serving
upon Lessor in the manner hereinafter provided a written notice of
its election to do so; said notice shall be served upon Lessor
at least twelve (12) months prior to the d ate named for termination.
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11. ~-In the ev nt that Le sse e s hall be 1n defaul t
of any pay ment of a ny rent o r in performance o f a n y o f he t e r ms or
c onditions herein a g reed to be kept and perfo rmed b y Le sse e , Lessor
may terminate and end thi s lease forthwith, and Less or may enter
upon said premises and remove all persons and property there f r o m.
And Lessee shall not be entitled to any money paid hereunder o r
any part thereof. In the event Lessor shall bring a legal action
to enforce any of the terms hereof, or to obtain possession of sa i d
premises by reason of any default of Lessee, or otherwise , Lessee
agrees to pay Lessor all costs of such legal action plus reason-
able attorney's fees therefor.
12. Holding Over. In the event that Lessee shall hold
over and remain in possession of the demised premises under the
provisions of paragraphs 1 or 10 hereof, such holding over shall
be deemed to be from month-to-month only and upon an accelerated
rental in the amount agreed upon by both parties prior to July 1,
1994. All the other terms , covenants and conditions as contained
herein are to remain the same.
13. Notices. Any notices which are required hereunder,
or which either Lessee or Lessor may desire to serve upon the
other, shall be 1n wr i ting and shall be deemed served when delivered
personally or when deposited in t he United States mail, certified,
return receipt requested, postage prepaid, addressed to Lessee
at P.O. Box 506, Arvada, CO 80001, or addressed to Lessor at
3400 South Elati Street, Englewood, CO 80110, Attention
Di r ector of Finance, ex o fficio Ci ty Clerk-Treasurer.
14 . Wa i ver . Waiver by Lessor or any default in performance
by Lessee o f an y o f the ter.ms, c onvenants or c onditions contained
herein shall n o t be deemed a c ontinuing waiver of the same or any
subsequent default herein.
15. Co mpliance with Laws . Lessee agrees to comply with
all laws, o rdinances, rules and regulations which may pertain
or apply to the demised premises and the use thereof .
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16. Lessor Kay Enter. Lessee agrees t ha t Les sor, i t s
agents or employees, may enter upon said prl!llli ses at a ny ime
during the teno. or any e xtension hereof , for the purpose of
inspection, digging test holes, ma~ing surveys, tak i ng measure-
ments and doing s i milar work necessary for the preparation of
plans for constructi on of buildings or improvements on said p r emia s
with the understanding that said wor~ will be performed in s uch a
manner a• to cause a minimum of interference with the use of
property by Lessee.
17 ~ Succeasors in Interest. All the terms, covenants a _nd
conditions contained herein shall continue and bind all successors
in intereat of Leasee herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
Attest:
Gary R. H1gbee, D1rector of F1nance
ex officio City Clerk-Treasurer
Attest:
Secretary
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CITY OF ENGLEWOOD, COLORADO
a Muni cipal Corporation, Lessor
~--~~~--~~~~~---Eugene L. Ot1s, Mayor
MEDIA ENTERPRISES, INC. ,
a Colorado Corporati~n. Lessee
By-.~~~~~~~~~~r.=~--Larry Green, Vl.c·e President
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EXHIBIT "A"
Legal Description
A tract of land in the northeast o~-quarter
of Sec. 33, Twp. 4S., Rge. 68 W. of the 6th
P.M., all within the City of Englewood, County
of Arapahoe, State of Colorado, cOIDIDencing at
the northeast corner of Sec. 33. Twp. 4S •• Rge.
68 w. of the 6th P.M.; thence west along the
north line of said Sec. 33, 243 feet; thence
s. 11.30' W. 30.60 feet to the true point of
beginning; thence continuing s . u• 30 ' w ••
343.92 feet; thence east and parallel to the
north line of Sec. ~3, 23.16 feet; thence S.
12•51' W. 69.74 feet; thence west and parallel
to -the north line oj: said Sec. 33, 422. 9 7 feet;
thence north 405.00 feet; thence east and paral-
lel with the north line of Sec. 33, 483.90 feet
to the true point of beginning. Said tract con-
tains 4.15 acres, more or less.
And in addition, the use of the 30 feet south of,
and adjacent to, the north line of Sec. 33 from
South Platte River Drive to a point 249 feet
west of the east line of said Sec. 33 for ingress
and egress to the lease site.
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VICINITY MAP
RADIO TOWER LEASE
Scale
1"=300'
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RESOLUTION NO.
SERIES OF 1981 ____ __
A RESOLUTION APPROVING A LEASE WITH MEDIA ENTERPRISES, INC .
WHEREAS, Media Enterprises, Inc. currently leases property
from the City of Englewood for operation of its broadcasti n g
facilities; and
WHEREAS, it is not necessary that this property b e u tilized
for present municipal operation; and
WHEREAs,· it is desirable for the health, safety and we lfa r e
of the citizens of Englewood that the current lease with Med ia
Enterprises, Inc. be extended to December 31, 1995 unless othe rw i s e
terminated pursuant to the terms of the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the City Council hereby approves a lease a g r e e-
ment, consisting of six typewritten pages plus two e xhibit pages,
leasing grounds therein described to Media Enterprises, _In c . p u rsuant
to the terms of said agreement.
Section 2. The City Council of the City of Englewood hereby author~zes the Mayor of the City of Englewoo d and the Director of
Finance, ex officio City Clerk-Treasurer, to affix his signature
thereto and execute said agreement.
ADOPTED AND APPROVED this ________ day of _______________ , 1981.
Attest:
Eugene L. Ot~s, Mayor
ex off~c~o C~ty Clerk-Treasurer
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 1981.
Gary R. H~gbee
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LEASE I<CREEMEN T
THIS INDENTURE, ma d .e a s o f the ____ day o f ________ _
19 8 1, by and b e tween the CITY OF ENGLEWOO D, COLO RADO , a Mu n1cipal
corpo r a ~o n, hereinaft r call d "Lesso r•, and ME DLI< ENT ERP R ISES,
•r
·~a Color do corporation, h re inafter calle d •Leasee.•
WITNESSETH
Th• Lea• r, for and in cons i deration o f h e r e nt he r eina f cr
J d to paid by Lesse a nd the cov en a nts and a g reeme n ~s
a1n d,by h Les s e to b e kept and performed , has
•• d, l ali d and un t o s a i d Less h o s e ce rta i n pr m1ses i n
City of glewood, County of Arapahoe, State o f Colorad o,
acr~b d on xhtbl 1< and sho wn outlined in red on the pr1n t
marked xhibl B, bot h o f which exhibits are at~ached h e reto and by
h ~s r ef r ene i n cor po rate d here in for all purposes as if f ully set
forth at length, t o have and to hold under said Lessee on the
following terms and c onditio ns:
1. Term. Th term of this lease shall be twelve (12) yea rs
beginning on the lst day o f January, 1984 a nd ending on the 31st
day of December, 1995 , e x cept as otherwise h e rein after p r ovided .
2. Rental. Lessee convenants an d agrees to pay to Lessor
as rent for the said premises a sum of One Hundred Fifteen Thousand
Two Hundred Dollars ($115,200) for full term hereof, which rental
s hall be paid in i n stallments as follows:
Fiv e Hundred Fifty Dollars ($550) payable on the
lst day o f January, 1984 and Five Hundred Fifty
Dollars ($550) on the 1st day of each month there-
after until December 31, 1985;
thereafter, the rent shall be Six Hundred Fifty
Dollars ($650) per month pay able on the lst day
of each month beginning January l, 1986 and
continuing on the first day of each month until
December 31, 1987;
thereafter, the rent shall be Seven Hundred Fifty
Dollars ($7 5 0) per month payable on the lst day
of January, 1988 and Seven Hundred Fift y($750)
per month there after payab le on the first day o f
each month until December 31, 1989;
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th reafter, the rental shall be E ight Hundred
F1fty Doll rs ($850) per mont h payable on he
first da y of the month commenc1ng Janua r y l,
19 90 and continuing each month therea!t e r
unt1l December 31, 1991:
thereafter , the rental shall be Ni ne Hundred
F ifty Dollars ($950) per month payab le on the
f i rst da y of the month commencing January 1,
1992 and cont i nuing monthly thereafte r unt i l
December 31, 1993.
thereaf er, r en tal shall be One Thousand F1f ty
Do llars per month commencing J anuary 1, 19 94
nd pa yab l e on the first day of each month
thereafter until conclusion of lease term or
until termination as provided herein.
3 . Purposes. Said premise s shall be used for radio trans-
mitter building an d tower antenna and for general rad1 o station
operation and for no o ther purposes whatsoever without the wrlt en
consent of Lessor being first had and obtained .
4 . Building and Improvements. Lessee may, at Le ssee's
sole cost and expense, make such changes, alterations o r ~mprove-
ments, including the further construct ion of buildings as may b e
necessary to fit said premises for such use, and all buildi ngs,
fixtures and improveme nts , of every kind and natur e whatever ,
insta lled by Lessee , shal l r e main the property of Lessee who may
remove the same upon the termination of this lease, provided that
such removal shall be done in such a manner as not to injure or
damage the demised premises, and provided furth er, that s h ould
Lessee fail to remove such buildings , fixtur es or impro vement s as
above provide d , Le s sor, at its option , may require Lessee to remove
the same. In the event that said Lessee shall fail to remove said
buildings, fixtures and improvements after receipt of n otice from
Lessor, Lessor may r emove the same and dispose of the same a s 1t
sees fit , and Less ee agrees to sell , assign, transfer and set ove r
to Lesso r all of Le ssee's right, title and interest in and to sa id
buildings , fixtures, improvements and any personal prope rty n o t
removed by Lessee for the s um of On e Dollar ($1.00). Lessee f urther
agree s that should Le ssor remove said buildings , fi xtures and improve-
ments as above pro vided, Lessee will pay Les sor, upo n demand, the
cost of such removal plus the cos t of t r ansportation and dispo sition
the reof.
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5. ~· Lessee shall pay any and all taxe s levied and
asses s ed upon any personal property, buildings, fixtures, and
improvements belonging to Lessee and located upon sa1d demised
premises and all leasehold and possessory interest, taxes, levied
or assessed by any proper taxing authority.
6. Repairs and Ma intenance. Lessee represents that Lesse
has i nspect d and e xamined the demised premises i n occupying said
premises at the present time and accepts them in their present
condition: L ssee agrees that Lessor shall not be required to mak
any improvements or repairs whatsoever in or upon t h e premises
hereto demised or any part the reof . Lessee agrees to ma k e any and
all improvemen ts and r epairs at Lessee's s ole cost and expense and
agrees to keep said premis es safe a n d in good o rder and condition
at all times during t h e term h e reof. Upon e x p iration of this
lease, or at any sooner termi na tion thereo f , Lessee shall quit and
surrender posses s ion of said p r emises quiet ly and peaceably and i n
as good order and condition as t he same were at the c ommen cement
he r eo f, reasonable wear and tear and damage by the elements e x cepted.
Le ssee furth er agrees to leav e said premi s es free from all nuisance
and dangerous and defective conditons .
7. Assignment of Lea se. The Le ssor will only permit
assignment of this lea se to a successor b r oadc ast i n g entity that
receives a favorable application f rom the Federal Communications
Comm i ssion, as evidenced b y written communi c ation from a ssignee
to Le ssor . Neither the demised premises nor any portion thereof
shall be sublet, hypothecated or mo rtgaged by Lessee.
In the event that Lessee s hall become bankrupt o r
insol vent or should a t r ustee or receiver b e appointed to
admin iste r Lessee's business or affairs, neithe r this l ease n o r any
interest herein shall become an asset o f such trustee or receive r
and in the event of the appointment of any such trustee or receive r,
this l ease shall imme diately terminate and end .
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8. Liabil i ty . Lessee shall aav e Le ssor h armless f rom a n y
c osts, loss or damaqe hat ma y arise out of or in c onnectio n wi th
this lease or the use of demised premise s by Lessee o r his aqents
or employees or any other person usinq said premises; and Lessee
agrees to deliver to Lessor, upon the execution of thi s l e a s e, two
(2) executed cop ies of the continuinq public liability and p r o perty
damage insurance poli c y satisfactory to Lessor, indemnify1ng an d
holdinq Lessor harmless aqainst any and all claims in the amount
of One Hundred Thousand Dollars ($100,000) for i n jury to a n y one
person and Three Hundred Thousand Dollars ($300,000) per any
occurrence and shall keep the same in force during the t e rm of this
lease .
9. Mechanic's Lien s . Lessee aqrees that at least f i ve (5)
d a ys before any construction work, labor or materials are d o n e ,
used or expended by Les see or on Lessee 's behalf by any p erson,
firm or corporation or by any c ontr actor that Lessee will post and
record , or c ause to be posted or r ecorded as p rov ided by law, a
Notice of Nonresponsibility on behalf of Lessor, qiving not ice
that said Lessor is not r esponsible for any work, labor or materials
used or expended or to b e used or e xpended on the demised premis e s.
Further , Lessee ag ree s that in the event it is deter-
mi ned there is one or more mechanic's liens with a val id foreclosure
action for the collection of same, said Lessee shall hold the Lessor
harml e ss and shall forthwith pay such liens.
10. Termination by Le ssor or Lessee. Lessor may termi nate
thi s lease at any time it should be determined by City Co unc il
that public nece ssity and convenience require it to do so, by serv-
ing upon Lessee in the manner hereinafter provided, a wr i tten
notice of its e lection so to terminate , which notice shall be served
at least eiqhteen (18) months p rior to the date named for such
termination.
Lessee may terminate this l ea se at any time b y serving
upon Le ssor in the manner hereinafter provided a written notice of
its electio n t o do so; said notice shall be s erved upon Lessor
at least twelve (12 ) months prior to the date named fo r termination.
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11. Default. In he event that Les see shall be in default
of any payment of any ren t o r in performance of any of the t erms or
conditions herein agreed to be kept and performed by Lessee, Lessor
may terminate and end this lease forthwith, and Lessor may enter
upon said premises and remove all persons and property therefrom.
And Lessee shall not be entitled to any money paid hereunde r or
any part thereof. In the event Lessor shall bring a legal action
to enforce any of he terms hereof, or to obtain possession of said
premises by reason of any default of Lessee, or otherwise, Le ssee
agrees to pay Lessor all cos ts of such legal action plus reason-
able attorney's fees therefor.
12. Holding Ove r. In the event that Lessee shall hold
over and remain in possession of the demised premises under the
provisions of paragraphs lor 10 hereof, such holding over shall
be deemed to be from month-to-month only and upon an accelerated
rental in the amount agreed upon by both parties prior to July 1,
1994. All the other terms, covenants and conditions as contained
herein are to remain the same.
13. ~· Any notices which are required hereunder,
or which either Lessee or Lessor may desire to serve upon the
other , shall be in writing and shall be deemed served when delivered
personally or when deposited in t h e United States mail, certified,
return rece ipt requested, postage prepaid, addressed to Lessee
at P.O. Box 506, Arvada, CO 80001, or addressed to Lessor at
3400 South Elati Street, Englewood, CO 80110, Attention
Director of Finance, ex officio City Clerk-Treasurer.
14. Waiver. Waiver by Lessor or any default in performance
by Lessee of any of the terms, c onvenants or conditions c ontained
herein shall not be deemed a continuing waiver of the same or any
subsequent default herein.
15. Compliance with Laws. Lessee agrees to comply with
all laws, ordinances, rules and regulations which may pertain
or apply to the demised premises and the use thereof.
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16. Lessor May Enter. Lessee agrees th t Lessor, its
agents or employ es, may enter upon said premises at any time
during the term, or any extension hereof, for the purpose of
inspection, digging test holes, making surveys, taking measure-
menta and doing similar work necessary for the preparation of
plans for construction of buildings or inlprovements on said premia s
with the understanding that said work will be performed in such a
manner as to cause a minimum of interference with the use of
property by Lessee.
17 . Successors in Interest . All the terms, covenants and
conditions contained herein shall continue and bind all successors
in intereat of Lessee herein.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written .
Attest:
Gary R. Higbee, D~rector of F~nance
ex officio City Clerk-Treasurer
Attest:
Secretary
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CITY OF ENGLEWOOD, COLORADO
a Municipal Corporation, Lessor
By __ ~~~~.-~~~~~~----Eugene L . Ot~s, Mayor
MEDIA ENTERPRISES, INC .,
a Colorado Corporation, Lessee
By
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EXHIBIT "A"
Legal Description
A tract of land in the northeast o~-quarter
of Sec. 33, TWp. 4S., Rge. 68 W. of the 6th
P.M., all within the City of Englewood, County
of Arapahoe, State of Colorado, collllll8ncing at
the northeast corner of Sec. 33, Twp. 4S •• Rge .
68 w. of the 6th P.M.; thence west along the
north line of said Sec. 33 1 243 feet; thence
s. 11°30' W. 30.60 feet to the true point of
beginning; thence continuing S. 11°30' W.,
343.92 feet; thence east and parallel to the
north line of Sec. ~3. 23.16 feet; thence S.
12°51' W. 69.74 feet; thence west and parallel
to -the north line oJ! said Sec. 33 • 422. 9 7 feet;
thence north 405.00 feet; thence east and paral-
lel with the north line of Sec. 33, 483.90 feet
to the true point of beginning. Said tract con-
tains 4.15 acres • more or less.
And in addition, the use of the 30 feet south of,
and adjacent to, the north line of Sec. 33 from
South Platte River Drive to a point 249 feet
west of the east line of said Sec. 33 for ingress
and egress to the lease site.
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VICINITY MAP
RADIO TOWER LEASE
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