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Home My WebLink About1981-08-03 (Regular) Meeting Agenda• • - CITY COUNCIL MEETING -Re gular August 3, 1981 • 0 • • • CITY COUNCIL MEETING August 3, 1981 • • • RESOLUTION #~ ~38, 39, 40 ORO I NANCE # _s§, ji. , 62, 63 • 0 0 I . . 7 :30 P.M. 1. ~tt'l Ul . • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL )- AUGUST 3, 1981 d' /~ / .f Call to order, invocation by Reverend Harold Oppertshauser, First Baptist Church, 3170 South Broadwa y, pledge of allegiance by Boy Scout Troops #115 and #154, and roll call . .;n ~ .. , .,l t - Minutes. (a) Minutes of the regular meeting of July 20, 1981. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your pre- senta tion to 10 minutes.) (a) .J .. ..t Mr. Jim Smith, Rocky Mountain Catering, 2730 South Tejon Street, will be present to dis- cuss Ordinance 9-4-1 entitled "Sales from Vehicles Prohibited." (Copies enclosed.) • [.-(b) R presentatives from Co-Champion Food Drive Days will be present to accept a proclamation proclaiming August 8 and 9, 1981 as Co-Champion Food Drive Days. (Copies enclosed .) 1 \..> .... 3. 4 . (,l ) Other Visitors. 1 (Please limit your presentation 1 ;k to 5 minutes .)1 l..<r_'-,-'iti 1-utA. --p!-(t('t .1. i.ll.J-~4.; l'-1 • (._ "Jill../"({ v(t 1\ /{1, • t. ~JDr}1 {lt)H »U< HiUj. ~~ K.U , . ta l/i.~.. · -'Jt e • --> ·1-.f,t.li.( ' Public Hearing . -t...~...t.ni H Dl..~-. (a) Ordinance authorizing the issuance of use tax revenue bonds of the City of Englewood, Colorado, in the total principal amount of $2,215,000, for the purpose of constructing improvements to the Municipal Golf Course consisting of a new club- house, and constructing and installing improve- m nts to the Municipal Sanitary Sewer System; prescribing the form of said bonds and interest coupons; providing for th payment of the principal of and interest on said bonds from th revenues of the municipal use tax; and providing other covenants nd details in conn ction th r with . (Copies enclosed .) • I • • • • • Page 2 August 3, 1981 Agenda (; L ' 5. Communica tions -No Action Recommended . (a) Min ute s of the Wa t er and Sewer Board meeting of June 30, 1981. (Copies enclosed.) (b) Minutes of the Plannin~ and Zo ning Commission meeting of July 7, 198 . (Copies enclosed.) (c) Minutes of the Liquor License Authority meeting of July 8, 1981. (Copies enclosed.) (d) Minutes of the Public Library Advisory Board meeting of July 14, 1981. (Copies enclosed.) 6. Communications -Action Recommended . L (a) 't \' c- Council Communication from the Department of Community Development concerning an encroachment of a metal hood over the right-of-way for West Kenyon Avenue at 3701 South Inca Street. (Copies enclosed.) 7 . City Attorney. Ordinance on Final Reading. (a) (b) Ordinance granting to the Englewood Housing Authority $390,000 for the Englewood Home Rehabilitation Program and amending an agree- ment between the City of Englewood and the Englewood Housing Authority for administration of the Housing Rehabilitation Program. (Copies enclosed .) Ordinance pursuant to Title III, Chapter 3, of the Englewood Municipal Code, assessing against certain realty the cost of removal of a dangerous building therefrom by the City of Englewood plus an administrative charge and penalty. (Copies enclosed .) Bills for Ordinances. (c) Bill approving a collective bargaining agreement by and between the City of Engl ewood, Colorado, and Englewood Employees Association effective January 1, 1982 through December 31, 19¥. (Copies enclosed.) ~ • I • • - (. • • • • Page 3 August 3 , 1981 Agenda 7. City Attorney (Continued). Bill approving a collective bargaining agree- ment by and between the City of Englewood, Colorado, and the Englewood Fire Fighters Associ- ation effective January l, 1982 through December 31, 1983 . (Copies enclosed.) Bill approving a collective bargaining agreement by and between the City of Englewood, Colorado, and the Englewood Police Benefit Association effec tive January l, 1982 through December 31, 1983, a pproving an addendum to the 1980-1981 Contract between the City of Englewood and En g lewood Police Benefit Association . (Copies enclosed .) (f) Bill establishing licensing procedures, require- ments for premises, enforcement provisions, and i\( ~ 1 penalties for adult entertainment establishments J I . f?:, ~ ' , by adding Chapter 10 to Title IX of the Englewood L ' t 1 Municipal Code of 1969 as amended and declaring !:)'·c _,..,D an emergency. (Copies enclosed .) ·jv '\"i ~ /, ~olution. 7 \ ~1~ ~(g) Resolution amending the General Fund Budget. ~ (Copies enclosed.) (h) Resolution of the City Council of the City of ~ Englewood dedicating the City to limiting the Little Dry Creek 100-year flood plain to the banks of Little Dry Creek in the City of Englewood. Other Matters. ~~ ~l lL (i) (j) 1 ) (k) ~~v City vs. Bridgewater and Sceniak. enclosed .) (Copies People of the State of Colorado vs. John David Hammes appeal . (Copies enclosed.) Soon ye Scott d/b/a New Tokoyo Massage vs. City of Englewood -Order and Citation to Show Cause. (Copies enclosed.) (l) Draft Bill amending Title I, Chapter 7, of the 1 ~~1969 Englewood Municipal Code as amended, relating ~LL~ to rules of procedure before hearing bodies of L ) the City and providing for appeal ther from. 4 (Copies enclosed .) (m) Attorn y's Choice. {t/1 11 {(J (_ /} • • r I • • • ' , r ( ( • • • • Page 4 August 3, 1981 Agenda 8. City Manager. (a) Council Communication from the Community Develop- ment Director concerning out-of-state travel approval for the Assistant Director of Community Development -Housing. (Copies enclosed.) (b) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. (i) Council Communication from Councilman Neal concerning a Chimney Sweep Program. Resolution stating the preference of City Council of the City of Englewood, Colorado, concerning Representative and Senatorial Districts. 10. Adjournment. t/!ull$~ ANDty;;C COWN Cit?' Manager -) ) 'I • , I • • • • • 1 7f3jJw 6'~3~8 I ROLL CALL 7 .·3£ ;?Y>}. Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena 8110 Bradshaw Ot1 s C'J__ -~ J c CJ l. ciJ c...._ \:> _jt( ---~) --O:ttCL z.r zt "'-< I) /j '--_) ~ ( ( ~(_ "'j ... (t !15-cr Is ·· .J./ _ _),) 2 ..J r '-L ( .:;.. (__. ---z-r- I . . • • • - • • ,. ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday L-- Neal .-- Fitzpatrick v- Keena v Bi lo y- Bradshaw v Otis "' I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday v Neal 1 Fitzpatrick I v Keena I Bi lo I .......--Bradshaw I OtiS I • • • • - • • • • ROLL CALL Moved Seconded Aye Na y Ab sent A bstain Hiqdav Neal Fitzpatrick Keena Bi lo Bradshaw Oti s )(_ '-jl 12 '-t ;n t ) c.;-r;;u '). _, :J 13 1 /f -r ~ {! t )( J ( (._.. (" It ~ -_.( . 1A.. (" \; l /. I c "-../ 0 .l t1 }<.., i ~L (', U tJ >>( }:u.u k L I ·;{.-/ tCc c · ~-l _, ( ) c l ( 1 ~ I'" ( f C)-t/-I ,< ~. ( 11( j 1 ~ j s/1 { r::/ /. f-(!1 u /"' U Z:o ,.. / l f-\J 0,_ / · (. • c_..,)1 J /A'!t~'-&~el'u_, 1L I' /. .( .::1-J < • "·:r G~ <?< t " ·r; ~ ~ I • • .I • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal WIZ"' Fitzpatrick ...-v--Keena ~-Bi lo I Bradshaw I Ot1s I \ ;b ( I • • • • • • • .. • ROLL CALL Moved Seconded Aye Nay Ab t sen Hiadav Neal Fitzpatrick Keena Bi lo Brad s haw Otis ~ )uc k" 5 ?c' (a L~· -~·,,JGU{.l?Ct. -d (1 1 (_ (J) d J~( J l _, s tl-q u 1l l t \ r ./UtI ("-u 't J(tl u..,J tJ J < jv...;( {l \...){.( a.t -+ )l)t r~ )( .~n Ab stain i 1/ ) ~ ' L. ) l • j) ' I }..Jil.{ IU ./ !', ( J \ t I .J ) ( ~ l ft~ t..; ( I I. { l I , > ll , " ({( J('t I( I ·Lr • I • • • • • ROLL CALL Moved Seconded Aye N ay b A sent Abstain HiQday Neal Fitzpatrick Keena Bi lo Bradshaw Otis 6? ~ u )'} s X-'fd-)I A»t-:1 t-ao A /{\) cj ' ('_t j< ( t"t /..l 'C(f yr_ ~ (It (J (_ )I ( L ( ~ X /l< ) ·•''/ )U I ~ -fi~ '> 1• r J )( 1.~-u s"', ?H-(; <:._ J( ( . t (!,)lt. ){_ t! ;. -( /'1xu.; .(. Jl {1._ ¥4 ) I I • • ,~ cer.:.;/r ,)- • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abst · a1 n Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis I . -/-- 1 . /711! 2 . ) /)')1 .£ u <J..;I 1l--z: • ~} )'" (-(_ t'( /) V•ttt :__, jc (. ~~ H t( ( /t ( a cf ;L 6-/. a,<.·~ {• '.t d {. 1. ~rL t'7 t~ > I pttr U.J.' ~ l I ' ~ ( _ 2 t t} l J I ',4 Jr l 1 ' ) 1 I c;.;zy a'!-c ifl-; 2 'I ;{4 '7 ' )... -I 0( .;_.-- I • I . • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav \ Neal I I./ Fitzpatrick I v Keena I B1lo I Bradshaw \ OtiS ' I • • • • -• • .. • ROLL CALL Moved Seconded Aye Na y Ab s ent Hiqday Neal Fitzpatrick Keena Bi lo Bradshaw ~t/<Jlo~u 1 f:,:t /(fPJh . { 1. :L Otis ./-1 f s-~ ' l_) I" J !;'(I) t 2 Z) )(Cii L (_l J tt. / (_ l J(l ( ,-/ r t...t t/v A.-/ L (. r' )) • ( )1rt/l( I a/ -/:J I 1--• 1 ~I c;· ( )L L ( ~ l ( /'"'')) 1 .,; 'c_ ~J c • Abstai n 3 3 !;, I?~ ·rtf., -)• J I • c·- • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav '\ Neal ' Fitzpatrick I c..-Keena I .-Bllo I -Bradshaw I Otis \ ' '- • • I . • • • - • • = ROLL CALL Moved Seconded Aye Na y Absent Absta in Higday \ L----Neal \ Fitzpatrick J Keena I Bllo I ...---Bradshaw I OtiS I \_ CB I • • • • • - • • ROLL CALL Aye Nay Absent Abstain ') l I . • • • • • • CORRECTION TrlE PRECEDING DOCUMENT OR ELANK FRAME HAS EEE:V REMICROF!LMED TO ASSURE LEG!EILJTY AND ITS IMAGE APPEARS IMMED/A TEL Y HEREAFTE,=i. • I . . • • • ROLL CALL Moved Seconded Aye Na y Ab s ent Abstain " Hi gday \ Neal I Fitzpatrick I t....---Keena I (._-Bi lo I Bradshaw I Oti s I \ I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis • I . • • • • • • ROLL CALL Moved Seconded Aye ., Nay Absent Abstai n Higday \ Neal v Fitzpatrick I Keena Bi lo I ~ Bradshaw I OtiS I { I • • • • • • • ROLL CALL Moved Seconded A \~ Nay Absent Abstain Higday Neal Fitzpatrick Keena v Bi lo v Bradshaw I OtiS I ( I . • • • - • • ROLL CALL Moved Seconded ~e Nay Ab sen t Abstain Higday Neal ~ Fitzpatrick Keena I Bi lo I c./ Bradshaw I Ot1s • I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain " Higday 1 Neal Fitzpatrick [.../ Keena I v Bi lo I Bradshaw I Otis \ '\.... 1b Gl I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstai n Higday Neal \ FitiPatrick Keena v Bi lo I v Bradshaw I OtiS I \_ 7c I . • • • • • ROLL CALL Moved Seconded Aye Na y Absent Abstai n Higday '\ ........ Neal I ~ Fitzpatrick 7 Keena 7 Bi lo Bradshaw Otis r I • • • • • - • • ROLL CALL Moved Seconded Aye """" Nay Absent Abstai n Higday Neal v Fitzpatrick Keena .._ Bi lo Bradshaw Otis '" I • • • • • • • 1 I • • • • • - • • ROL L CALL Moved Seconded Aye " Nay Ab s ent Abst a i n Higday \ Neal I Fitzpatrick I -------Keena I Bi lo I ----Bradshaw I Ot1s \ "' • • I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstai n -Higday \ Neal ' Fitzpatrick I Keena 7 Bi lo I Bradshaw I OtiS I \ I . • • ROLL CALL Moved Seconded HfOdav A~ Nay Absent Absta in \ 1 '--" Neal ---z-Fitzpatrick Keena I -Bile I -Bradshaw I Otis I -c -1 ..... /))L_(')/L.J s-/, c 2 _ :r C;j -If '7~ I • • - • • ROLL CALL Moved Se conded Aye Na y Absent Abstain ~ '--I T Hiqday Neal I l --Fitzpatrick - f.-- 1----~en a L-·- Bi lo I_ Bradshaw I Otis - I - 1 ---1 ---' • I • • - ) /~ • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstai n f...--- f~,.,. ._ Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis ,•{uj . j'l A ''I (/2r:f'1 I J 1;· ~c: • I . • • • • ROL L CALL Moved Seconded Aye Na y Absent Abs tain Hi(lday Neal Fitzoatrick Keena Bllo I Bradshaw I OtiS I \ • I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hflldav Neal Fitzoatrick Keena BiTo Bradshaw Otis • • I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis I • • • n • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick £./ Keena } J..--Bi lo I Bradshaw / Otis / l I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Absta i n --, j J ___, H i_g_day I Neal --Fit~atrick Keena I ,--Bi lo ,-- .1 Bradshaw j Otis .l ~ - I • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ~ Neal 1 .___ Fitzpatrick l_ _L--Keena I Bi lo _j Bradshaw j_ Otis ~ .... • I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Absta i n ' Higday \ Neal j_ v Fit~atri c k I t-/" Keena / Bi lo I Bradshaw l Otis _\ " I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday 1--Neal Fitzpatrick Keena Bi lo v Bradshaw Otis 4b ~ j '-'taMa-hJ 2 ))) 7 t:t c )t. C <"' C"'--C _c ~ X:/ J1 -; !i {( 11-r; 11 ~ ) ~ )L '6_• I >J..J' Ji;t c.IY"L (c~~ . ;;..Jf!'t.) .2, -?t ??ct r ---~oL.J a~-e< - I . • • • - • • ROLL CALL d s d d A N Ab Ab ove econ e ~ ay sent s t a n Higday _l Neal 1 Fitzpatrick / Keena I Bi lo I Bradshaw l Otis \ " I . • • • • • ROLL CALL Moved Seconded Aye ..... Nay Absent Abstain H i_g_day \. r Neal \ Fitzpatrick I Keena I ~ Bi lo I Bradshaw I Otis l q lo~ do~ -dl 37 I • • • • • • • ROLL CALL ) I • • • • J REGULAR MEETI NG: • • - COUNCiL CHAMB E K~ CITY OF ENGLEWOO D, COLORADO J uly 20 , 1961 I~ The City Co unc il of th e City of Englewood, Ara pahoe County, Colorado, met in re gu l ar s~ssion on July 20, 1961, at 7:3 0 p.m. ~ayor Otis, presiding, called the meeting to order. The invocation was give n by Reverend Dwi ght Stensgaard, Grace Lu theran Ch urch, 47 50 Sou h Lincoln Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis ask ed for r ol l call. Upon a call of the roll, the fo llowin g we re present: Counc il M mbers Neal, Fi tzpatrick, Keena, Bilo, Bradshaw, Otis. o\ R nt: Council Member Higday. The Mayor declared a quorum p resent. * * * * * * Also pre ent were: City Manager McCown Assistant City Manager Wanush City Att orney DeW i tt Deputy City Clerk Watk in s * * * * * * Ci ty lanal.'er Mcrown no t ed an am ndm nt to th e minute of th gulat mt ting o July 6, 19 1. On page 10 th reappointm nt of Hr . Thoma Bu~ to the Housing Aut ority was di cussed. Mr. McCo wn noted th reappoJ ntment w11s made by Mayor 0 i8 that ev ning. M mb,r Bradshaw noted correction to th rad ha stated In the < r t paragr ph, third "that an fu ur~ fe inrr as a" should b wer r dundant. minutes on nd fourth del t d. Ma . COUNCIL MFMBER BRAD HAW M VED TO APPROV THE MINUTES OF fHE GIILAR HH r1 OF JULY 6, 1961, AS CORRECTED. ouncil M mb r 1<. na second d tht> ~~~<.t lon. Upon a call of th roll, th vot r ault d aa fo ll w • Ayu: Co ut II M radehaw, N n • 1, l'llltpatrtc , na, Btlo, I • • • • - July 20, 1981 Page 2 Absent: Counci l Member Higday. The Ma yor declared the motion carried. * * * * * * There wer e no pre -scheduled visitors. • • * * * * There w e no othe r visitors at this time. * * * * * * COUNC I L ME MBE R BRADSHAW MOVED TO BRING FORWARD AGENDA ITEMS 7G AND 7H -DOCUME NT S HAVING TO DO WITH USE TAX REVENUE BONDS. Council M P mb~r Kee na bt' ond d he motion. Upon a cal l of the roll , the vote re- ulted a11 follow Ayes : Na ·s Ab en t : Counc il Mem b rs Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Coun ci l M mb r Higday. Th Ma yor de lared the motio n arr l d. t tve Hell, Ha nlfen, lmhoft, In • , appear d bef o re Co uncil th lasu • Mr. B 11 s t ated th t bid op nin for th use tax revenu• >nd 1 sut as ld at 2:00 p.m . on this dat • The b t bid "' ubml e<i by lrcllner Mo ore & Co mpany wi th a net eff ctiv rate o t 10.422%. Mr. Bell re<oDIIl nded ace p anc of the bid. v 1 a , Councf I Muub •r Keena as k d City Ma nager McCown wh en th Tax ppo1 d o p ort It r co aoendat i ons t o th Council. 1 t · A H back t lm,; anush r plied t h date h d not be n 11; ho w v r, thy w r anti cipat ing •'><pr< 1111 d h r co n ern abou th finan- i ttln lnvolv d I n wi thout th Co ittee's ts d eh hop d th Co mmitt mov d quickly. to rtty Hanawt' qu stlon, Hr. Bell stat d th ri n !pal nd lnl r t paymull would b $ 85,000 . I • • - July :w , 9 1 P ge ) • • • Co un ci l Mem ber N al stated he would like to ha ve a quarterly r epo r t fro m staff on how m~ny taps are coming in with the $500 compared to wh at is being taken ou of the Public Improvement Fund . OROINANO NO. SE RIE S OF 1981 BY AUTHO RI TY A BILL FOR COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRAD SHAW ORDINANCE AUTHORI ZIN<. THE ISSU ANCE OF USE TAX REVENUE BONDS OF THE l.IfY OF I:.NGLE WOOD, COLORADO, I N THE TOTAL PRINCIPAL AMOUN T OF $2,215,000, FOR THE PLRPO SE OF CONST RUCTrNC IMPROVEMENTS TO THE MUNI CIP AL GOLF COURS E CO Sl:>TI ·c OF A NEW CI UBHOUSP , AND CONSTRUCTING AND INSTALLING IMPROVE- MLNTS ro fH MUNll TP AL SANITARY SEWER SYSTEM ; PRESCRIBING THE FORM OF SAID BO~W:, AN D I ' Elti:!>1 t..UL PONS; I'ROVUHNG FOR THE PAYMEN T OF THE PRINCIPAL OF AND JlliT~.ltE T AIU BO OS ~'ROM THE REV£ UES OF THE MUNICIPAL USE TAX ; AND PROV llllN OTHE CO VENANTS A D DET AILS IN CO NNE CTION THERE WI TH. COUN~IL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 64, SE RI ES OF 19 1, ON ~IRST R~AOJNG. Co un 11M mb r Fitzpatric se onded the mo t ion. Upuu c 11 ot the t~11, th vote re ulted as follows: Ayt! • Coun ·t 1 Mt:mbt r: Br <Ish w, Otis. eal, Fitzpatrick, Keen a , Bilo , one. Ab s nt: Couuc11 M(·mb r Hi day. The v vot declar d lh motion carri d. nott!d '•t:'ll•)n 14 of th bill calls for a publtc b t or fin 1 pas aye at 7:30 p.m. on Monday, er n bled Hr. B~l l to tntorm touncil bout ta rroblem with the clu bhou e and the ~ hould happen in n gotlatfons would tind it elf wit h an excess inc th City h & r onabl ua d to !inane the lm rovem•nt In a po1itton to a1aum any • I • Ju1v 20, I &1 Par• t. • • • l "a I 1 i~tbili ty tor ov .. • issua nce of bonds. Thes e fu.•ds can not be us• tor o her projerts but are a the City's disp osal to invest at an nl'mi "d yt 1d for I! period of three years. Following the three ye~r period, the r invr tme of • proceeds can e Invested only at a certa1 n rau•, Mr. B 11 stated the C1 year pro\lidi ng funds are availab may call bonds after the fifth and suvgcsted doing liO . lofr. 13t'1l discusst'd p epaymrn :> taps in large amounts. He t~ted the ~i y wn n~• restricte to investm nt of those m nies or to the use of these mnrf•~. The 1 .ue a not structured to incorpora e a pledg of revenues of he se r ystem of w ich t~ tap fees would be a p~tt, Therefore, 1 · the City had a la rge sum of prepaid tap~ the c•tv could use the funds as it aw tt or contribute to the debt s~o>rvic• f the ht·nd ls ue ), 4 1 , TH~ 1'1 Y COUNCIL HAS DF!rRMINED TO S UE U.>E TAX REVEN E BO ~D f THE CTTY IN THF. TOTAL PRINCiPAL AM0U OF $2,215,000, FOR THE PURPOSF. ll~ C ~STRUCTTNG lMPknVEME~T 'U THF MU ICIPAL GOLF COURSE GOt;s SflNG Of A NEW Ct.LTBHOUSE, AND CON'iTRUCTTNG AND INSTALLING IMPROVE- Mf TS TO '!HI': MUNIClPA SA. ITARY SI'WER SYSTE'I. Vl "' r t e A\ 1 by Mood>' qu1valent to a •A• rated ina I l ronditlo • • • PI • I t!nd d'" n th• nd II z • t : t- I • - July 20 , 1981 Page 5 (b) (d (d) (e) • • .. • Minu tes of the Board of Adjustment and Appeals meet- ing of June 17, 1981. Minutes of the Denver Regional Council of Govern- ments meeting of June 17, 1981. Minutes of the Downtown Development Authority meet- ing of July 18, 1981. Municipal Court Activity Report for the month of June, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(E). Council Member Bilo sec- onded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Neal, Fitzpatrick , Keena, Bi lo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Hr. Thoaas R. Eggert, Chairman ProTem, Board of Arapahoe County Coamission rs, con- cerning appointm nt of Hr. Carlos A. de Mora s to the Regional Trans- portation District Board of Directors. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF MR. DE HOREAS. Council Member Fitzpatrick second d the motion. Council Member Neal queried th appointaent not having met Hr. d Moreaa. Council M mber Keena suggested that a letter b sent to the Board of Directors under the Mayor's signatur atating the Council has no obj ctiona to the appointm nt and thank thea for notifying the Council. Council concurred with th auggeation. Council M mb r Keen then withdrew the motion and Council H ab r itzpatrick withdr w his second. * * * * * * I • 'I July 20, 1981 Page 6 ORDINANCE NO. 55 SERIES OF 1981 BY AUTHORITY • • - COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING EASEMENTS ACROSS THE CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLO RADO. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 61, SERIES OF 198 1, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted ss follows: Ayes: Nays: Absent : Council Members Neal, Fitzpatrick, Keena, Bilo. Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried . ORDINANCE NO. 56 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY OP' ENGLEWOOD, COLORADO, AND STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, P'O THE CONSTRUC- TIO OF HANDICAP RAMPS ON EAST GIRARD AVENUE IN TH CITY OF ENGLEWOOD, STAT 0 COLORADO . COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 62, SERIF. OF 19 1, 0 FINAL READING. Council M mb r Neal s conded th motion . Upon a call of th roll, th vot r suited as follows: Ay s: 1y1 : Ab e nt: Council M mb rs al, Fitzpatrick, K na, Bilo . Brad11haw, Otis. Non • Council H mb r Hi day. Th Mayor d cla r d th ~tion carrt d, • * * • * • I • July 20, 1981 Page 7 ORDINANCE NO. 57 SERIES OF 1981 BY AUTHORITY • • - COUNCIL BILL NO. 37a INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE PURSUANT TO TITLE VI, CHAPTER 5 AND 7, OF THE ENGLEWOOD MUNICIPAL CODE,ASSESSING AGAINST CERTAIN REALTY AND THE OWNERS THERE- OF THE COST OF REMOVAL OF WEEDS AND LITTER THEREFROM BY THE CITY OF ENGLEWOOD PLUS AN ADMIN I :;TRATIVE CHARGE AND PENALTY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37a, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vot e resulted as follows: Ayes : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. City Attorney DeWitt stated a new weed, litter, and debris ordinance was being considered. Mr. DeWitt stated the ordinance pro- bably would b submitted to Council on August 3rd. In r sponse to Council Member Neal's question, City Attorney DeWitt tated the ordinance includes a procedure to be used which would mak e it an administrative process. The assessments would be sent to t he Co unty by the Director of Finance. Two notices would b sent to the propert y own r -initial notice that the weeds needed to be c ut and a second notice directing the amount of the assessment. The public hearin process has not been completed. Another factor is c utting the h ight of the weeds from eight inches to six inches. Other ch an ges are ln wr ecked vehicles and what is known sa hobby vehiclea. Council mber Neal stated he wou ld like to see some kind o format that once a particular property has been cited, there would b som dministrative procedure whereby the property would be cut very ten days or t wo w eks by the contractor rather than having to go back in three or four weeks, post ten days, and wait until new bids ar re ceiv d. Hr. add d to th b don ; and al stated h would alao like to ae a severe penalty ac ual coat when th City has to contract th work to ven po si bly having police officera issu tickets. I • • • • July 20 , 1 98 1 Page 8 • • • Council Member Fitzpatrick stated the time between citation a nd c on tracting t h e work to be done is too long. Mr. Fitzpatrick stated h e wo u l d l i k e to shorten the time somehow and still remain within a legal f r amew o rk. Coun ci l Memb e r Fitzpatrick suggested having the inspectors dr ive down alleys and streets for the purpose of detecting violators. Cou ncil Me mb e r Nea l noted a similar problem. Mr. Nea l stated he wa s concern ed abo ut abandon houses in the City where a constant weed prob lem exi sts. Mr . Nea l stated the City needs to address this problem. Ctty At t orne y DeWitt stated he would invest igate the question. Co unc il Memb e r Bi lo s t ated there was City property that needed attention located near the City Di t ch. ORD IN AN CE NO. SE RIES OF 198 1 __ _ • • • • * * BY AUTHORITY A BILL FOR COUNC IL BILL NO. 59a I NTRODUC ED BY COUNCIL MEMB ER FI TZPATRICK AN ORDI NAN CE MAK I NG IT UNL AW FUL FOR PERSONS TO ENTE R OR REMA I N UPON THE PROPE RTY OF ANOTH ER WI THOU T PERMISS I ON, AMEND I NG THE '69 ENGLEWOOD MU NICIPAL CODE, TITLE XI, CHAPTE R 9 , SECTIO N 8, TI TLE D "CII.I MINAL TRES - PASS " AND DECLARING AN EME RGE NCY , COUN CIL ME MB ER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 59a, SERI ES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vot e resulted as follows: Ay a: Na ys: Ab sen t : Coun c i l Me mb e rs Neal, Fitzpatrick, Keena, Bilo 0 Bradshaw, Otis. Non e . Coun c il Member Higday . Th e Mayo r de clared th motion carried, • • • • * • COUNCIL MEMBER NEAL MOVED TO SET A SPECIAL MEETING ON MON DAY , J ULY 27 , 19 1, AT 5:00P.M. Council Me•ber Bilo seconded the motion . Upon a c a ll of th roll, the vote reaulted as follo ws: • I • • - • • July 20 , 1981 Page 9 Ayes: Nays: Absent: • • • Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 __ _ • • • • • • BY AUTHORITY A BIL L FOR COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $390,000 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD HOUSING FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. COUNCIL KEMBER BRADSHAW MOVED TO PASS COUNCIL BIL L NO. 63, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. In response to Council Member Neal's question, City Manager McC own stated the $34,320 under Section 2 B. was included in the $390,000 . Council M mb r Bradshaw suggested that Council view the slide show on the rehab program. She suggested next Mondsy night after the study session. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Br dshaw, Otis. on • Council Member Higday. Th Mayor declar d the motion carri d • • • • • • • I • • - • • July 20 , 1981 Pag e 1 0 • • • Council Member Neal stated his motion on setting a special meeting for July 21, 1981, was to include "FOR THE PURPOSE OF CONSIDER- ING COUNCIL BILL NO. 59 a, ON FINAL READING". ORDINANCE NO. SERIES OF 1981 __ _ • • • • • • BY AUTHORITY A BI LL FOR COUNCIL BILL NO. 6 5 INTRODUCED BY COUNCIL MEMB ER KEENA AN ORDINANCE PURSUANT TO TITLE III, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL COD E, ASSESS I NG AGAI NST CERTAIN REALTY THE COST OF REMOVAL OF A DANGEROUS BUIL DING THE REF ROM BY TH E CI TY OF ENGLEWOOD PLU S AN ADMINISTRATIVE CHARGE AND PE NALTY . COU NCIL MEMB ER KE ENA MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1 981 , ON FIRS T READING. Coun c il Me mber Neal seconded the motion . Upo n a call o f the ro l l , the vot e resulted as follows: Ay es: Nays: Absent: Coun cil Me mb e r s Nea l , Fitzpatrick, Keena, Bilo, Br a dshaw, Otis . None . Council Memb r Higday . The Mayor declared th motion carried . • • * • * • City Manager McCown presented a Council Co.munication con- cerning the Six-Quarter Budget for the p riod of July, 1981 through D cemb r, 1982. Hr. McCown discuss d in d tail the changee that were proposed for 1981 and 1982. RESOLUTIO NO. 35 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1981. Council Hemb r Bilo eeconded the motion. Up on a call of the roll, th vot r suited 11 followe: Ay a: Council H mb r1 N al, Fitzpatrick , ~ ena, Bilo , Bradshaw, Ot 11 • I • I' I July 20, 1981 Page 11 Nays: Absent: • • • None. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Manager McCown presented Council Communications concern- ing the 1982-1983 contract with the Englewood Employees Association, the 1982-1983 contract with the Englewood Police Benefit Association, and the 1982-1983 contract with the Englewood Fire Fighters Association. He discussed the major provisions of each. Mr. McCown requested that the City Attorney be directed to prepare ordinances adopting the contracts and that the 6% increase wage provision proposed to be effective July 1, 1981, for the police be approved; and further that the City also give the 6% increase to those people in the Police Department who are not in the bargaining unit, namely the lieutenants and captains. City Manager McCown noted a correction to the Police Benefit Association contract. On page 17 of the contract, fourth paragraph, fifth line, the words "training officer" should be strilten. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY ATTORNEY TO PREPARE ORDINANCES CONSTITUTING THE THREE AGREEMENTS, AND TO AUTHORIZE THE 6% WAGE INCREASE EFFECTIVE JULY 1, 1981, FOR ALL OFFICERS IN THE PATROL DIVISION INCLUDING THE LIEUTENANTS AND CAPTAINS WHO ARE NOT IN THE BARGAIN- ING CONTRACT. Council Meaber Bilo s conded the .ation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Aba nt: Council Members eal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council M mb r Higday. The Mayor declar d the motion carried, City Attorn y D Witt stated th ordinanc a would be ready for th n xt me tin on August 3rd. * * • * * * a Council Co..unicat ion fro• th s cone rning the award of a construc- tion nt Project 1981. Hr. H Cown stated $50,600 vaa bud or thia proj c of which $20,600 vaa from RTD. The low bid on thi1 proj ct va1 from Hanaon -Panlt y Concr te, Inc., for $29,557.53 • • I • July 20, 1981 Page 12 • • • Mr. McCown recommended the award be made to Hanson -Pankey Concrete, Inc. and that staff be allowed to add locations that are also in serious need of repair as long as it is kept within the budgeted amount of $30,000. COUNCIL MEMBER BILO MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR FOR SIDEWALK IMPROVEMENT PROJECT 1981 TO HANSON-PANKEY FOR $29,557.53 AND TO APPROPRIATE THE ENTIRE $30,000 THAT WAS ALLOCATED FOR THIS PROJECT. Coun- cil Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as fo llows: Ayes: Nays: Abs ent: Council Members Neal, Fitzpatrick, Keena, Bile, Br adshaw, Otis. None. Co un cil Member Higday. The Mayor declared the motion carried. • • • * "' • City Manager McCown presented a Council Communication concern- ing a report from the Chief of Police on efforts and recommendations to co mb at the crime problem incl usive of a new effort on the South Broadway situation. Mr. McCown requested approval to hire additional personnel for the Police Departm nt spec ific ally, one full tim clerk, one half tim clerk and one half tim property custodian. Mr. McCown stated even tho ugh th posit ions are not police officers, the Police Chief feela th se positions wi ll be of more assistance to the department b cause they wi ll f r ee officers from paperwork. Mr. McCown also recomme nded that th Police Departm nt'a bud get not be amended at this time and that funds be taken from curr nt allocations. If this was not possible, th d partm nt's budg t would b amended later in the year. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE HIRING OF ADD I- TIONAL PERSON L FO TH POLICE DEPARTMENT IN THE CAPACITY OF ONE FULL TIME CLF.RX; 0 E HALF TlHE CLERK , AND ONE HALF TIME PROPERTY CUSTODIAN . Council M a r K~ na a cond d th motion. Upon a call of th roll, the vot reeult d as followe: Ay 1: aye: A nt: Council M mb ra N sl, Fitzpatrick, K na, Bilo, 8rad11haw, Otis . on • Coun 11 M ab r Hi day. T yo r d tar d th motion carrt d. • • * * • • • I • • • • July 20 , 1 · Page 14 • • • Council Member Keena stated las~ Wednesday evening waa the public hearing on the 20 8 plan. The hearing was held at the Denver Regional Council of Gov e rnments. The only teatiaony provided was in support of the standards as they existed prior to the Water Policy Control Commission's standards. Also, that Hr. Eggert of the Arapa- hoe County Commissioners was supportive and has offered the assistance of the Arapahoe County law offices. * * * * * * Council Member Bradshaw stated the Malley Center sponsored a senior softball team game against Lakewood. The Malley Center team won 15 -8. * * * * * * Council Member Bilo stated he under s tood Congress was also looking into the water quality control problem. * * * * * * COUNCIL MEMBER KEENA MOVED TO RECEIVE THE PROSPECTUS AND NOTICE OF SALE, USE TAX REVENUE BONDS DATED SEPTEMBER 1, 1981, FOR THE CITY OF ENGLEWOOD. Council Member Bradshaw seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes: Nays: Council Meabers Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor de clared the motion carried. ****** There wa s no further business to be discussed . ****** COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Hoyor Otis adjourned the meeting without a vote at 8:55 p.m. • I • - • • July 20, 1981 Page 13 • • • City Manager McCown informed Council he probably would have comments regarding changes to the Code for conformance with the Charter concerning Career Service System by Friday of this week. Mr. McCown stated comments would then be discussed at the study session next Monday. Mr. McCown stated Mike Smith who has worked on the amendments would be at the study session. * * * * * * Mayor Otis presented a Council Communication concerning nomina- tions to various Boards and Commissions. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT THE FOLLOWING: ELECTION COMMISSION: JO LAY, 4695 SOUTH LIPAN STREET HAZEL E. NILSEN, 245 EAST GIRARD AVENUE ENGLEWOOD DOWNTOWN DEV ELOPMENT AUTHORITY RACHEL OWENS, ERA EMPRESS REALTY, 11 W. HAMPDEN AVE. WILLIAM PENDLETON, FIRST NATIONAL BANK BARRY COLE MAN, BARRY'S PAINT & WALLPAPER LIQUOR LICENSING AUTHO RITY LLOYD BRYAN, 4097 SOUTH JASON STREET RETIREMENT BOARD PHILIP GORMAN, 4020 SOUTH WASHINGTON LIBRARY BOARD KAY VAN VALKENBERG, 4381 SOUTH PENNSYLVANIA DATE OF EXPIRATION JANUARY 1, 1983 JANU ARY 1, 1985 JUNE 30, 1983 JUNE 30, 1985 JUNE 30, 1985 AUGUST 4, 1984 FEBRUARY 1, 198 2 FEBRUARY 1, 1983 Council M •ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay s: Nays: Ab1 nt: Council Memb rs Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non • Council M mb r Hi day. Th Mayor d clar d the motion carried. * * * * * * • I • • -• • • 2 A CRock~ u\Jlout1taitt Cateftittg Co. ,, o: • FOOD SYSTEMS INNOVATORS July 23, 1 ~81 ~1ayor Otis and l'.embers ·of Englewood City Council 340 0 So uth Elati Street SnJlewuod , Colorado. 00 110 Ladies and Gentlemen: ~nclo sed is a copy of a city ordinance which, from what I under- s t and was enacted because of the danger to children runn{ng out into the streets to buy Ice cream, candy, etc. KOC~Y t ountain Catering fs in the mobile catering business, f ~cding working people at their places of employment, and as such vlulat s section 9-4-l of the enclosed city ordinance. I wish to request your consideration of adding the enclosed proposed paragraph 9-4-5 to your present ordinance. ',le are an Englewood based company wh{ch serves the ent~re metro- po l• tan area. ~e have been selling to Englewood work'ng people s•nce !S •.5 nnd have never had a problen• w•th th•s ordinance unt•l r~ently. lJur cor.~.1 i ssary, warehouse, truck storage, and lfcensfng are all located at 273U South Tejon Street in Enalewood. ! will be present at the City Council r.o eet•ng on August 3, 1~01 t o answer any questions you may have. 1 hank you. J l iS :r .s t.ef)ly, ~·L es H. ~.1 th Pre ident/Owncr Cn cl< s u r s: Copy of Bn~l w oJ C•ty Ordin nc • Co py of propos d paragrap~ 9-4-5 • • I • I • S-4-5 --- • • • ~J-.1-·1 9 -4-1 : SALlS flt.OM VEHICLES P'lt.OHIIITED It 1hall be un law ful for any person to sell, oHc:r for •ale , peddle:, hawk , ur di1tributc icc cream, frozen milk, fro<cn 1lairy or icc confectiOn product>, cold dnnk>, candy, !:'""· or uthcr confection product., fr0111 vehicle> on t he :Hrcets, allcy1 or other public placc1 in lhc City. (1%2 Colle,§ 17.3) 9-4-2 : DEFINITION OF VEHI.CLE The ter.n .. vehicle" >hall incl ude every device in, "I'""· r.r by whido auy per.oll or property i• or may be lr:nuportc<l or clrawu "I""' the l"'bloc >trects, i r respective of the source from which the puwer to propel >ai<l ve- hicle may come, and irrespective of the number of wheels of >aic.l vehicle. (1962 Code, ! 17 .3-1) t-4-J: IXCIP'TIONS Scctio11~ \)._.., and \.1-4 -2 .hall not apply to the delivery .,f a11y nf >ai<i pruducts to a dwcllilll( a• the rc>ult of a prior onler lhercfur 111atlc by t he occ upant of any dwelli111:, nor >h:lll it :~pply to the dchvcry vehicles of li- cens~d bu•ineuu makin~ <Jeliverics upon order to the occupant• o( dwclhn~:s within the City. (1962 Code,§ 17 .3-2) t-4-4: DILIYU.Y AND SAU TO USIDENTS Any allll 1111 <lclivery vchide• which •ell 11nd dehver loud., .:uod> ur .crv- icu at retail prices direct to re~idencu in the City of En~:lcwuo<l, :IIIli wh ido are repruc11t in~ busineucs or firms located outside the City lionots, >hall ue subject 111 a .tax "' ::SlQ .OO for each tlclo•tcry vcl•id c .u..eno;a~;"•l. (J:: .• :u"ple, of such an operi111on arc d airiu,"tlry cleaners, 11nd laundries,'""' home uake ry deliveries .) (Ord . No.9;§ 17 .14-1 (c), Seric• 1%4) ------Proposed Addft•onal Exception see section 9-4-3 above ' Sections 9-4-l and 9-4-2 Shall not app~y to the delivery of any of said products by licensed bus•nesses, to employed working people at their place of e111ployme nt, nor shall It apply to the delivery vehicles of licensed businesses n~king such deliveries. 2'11 -- • I • • • • - BREAKFAST LUNCHES COFFEE II.EAKS ~~~ IHI'l.AHT fOOD SY'STIMS & MOilLE CATIRING UNITS ,7;((!/~.L~~ HOT& SANDWICH& COFFEE CASSE OLES HOT PLAn LUNCHU DONUTS Delicious foods and beveraaes are served from these stainless steel vehicles . Both HOT and COLD foods are prepared FRESH daily in our own federelly mspected comm1s51ry and the custom blended coffee is brewed accordina to our qual1ty controlled formula . For your con ven ience the merchandise on these self service units is displayed on open shelves so that many individuals may make the1r selections at the same time , en - ablin& us to serve you faster . ~~~t4t4r~ If you presently have food and bevera erv 1ce our mobil un1ts prov1d a excellent supplement for your mam coli e and lu breaks. Rocl'(y Mount11n Caterma also offers 1n plant food s t m wh r by you can arran to have our fm product ~erved to you from &leamln Stainless cafeteria eQUipm nt. 2730 South Tejon, Dtnvtr, Colorado OUR MOBILE UNIT WILL BE HERE DAILY AT : • I • ( • • - O Wl Our "Chuck Wagon" brings the Chef to you Chuck W8!011 C.ter;w~glnlladucll the Modem Mobile Kitchen complete with Frerich Fryera, Orilla, Hamburger Broiler, ltl•m T8bl11, Dell Bar. Adwant1111 .. to Nth ..... .,.... lnd employMI eTop Quelty eFrwhly ..... red e Nutritton•l Food .._., to 10 in • moment'• notice. ,, . We k:om11 to our lat«sl oncept Our n01w Chuck Wc~yon> c rry c1 larg« van ty of rc .. u.ly oa1.;J\' '""'"" '' "" '' '" da1ry product , candy , nacks. gum , soda pop, fru11 and vegelllble JUices. pa tn s. donut>. htp>. '•t·""'l'''· coffe •. newspaper . nd much more If you de>are th • ..., 11 ·m~. you JUSt help your •If , p.;y till'''"'"''' ·""' mov on without delay W lso hav a f w ndwiCh nd ntr mad up head of lime How wr . 11 you h01v • .1 IIIIIIUI•· "' '"'" you can order somethmg from our ten '" m nu to be cook d "on ·th -pol •• Ju t call 111 yuur ""'''I '" IIi·· cook (speak loudly -It's hard to h ar In th re). th n wh1l your order 1s bemy prl!pilr!!U yuu '"" ,J. .. p 1 .. , 1!.,• oth r "ready made " it m . THANK YOU C•tertne 2730 South Tejon , Denver , Colo . Phone 761-0213 OUR MOINLE UNIT Will M HI OAk. Y AT THESE TIMES: • • • I • • - P R 0 C L A M A T I 0 N WHEREAS, Denver Urban Ministries, Denver Opportunity, Inc. and Channel 7 have joined forces to organize a Metropolitan Denver Food Drive from July 4 to September 1; and WHEREAS, the drive, known as CO-CHAMPION, has adopted the theme "I.O. Hunger! Be a Co-Champion!";and WHEREAS, Co-Champion will champion the cause of the poor by maximizing the food and cash resources of Metro- politan Denver to assist the 38 food banks in the Denver area, one of which is Interfaith Task Force, to meet the ever increasing demands by the impoverished, the disabled, and the aged on their limited resources. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado , do proclaim August 8 and 9, 1981 as CO-CHAMPION FOOD DRIVE DAYS in the City of Englewood. I urge all citizens, businesses, churches , and organizations to demonstra te their concern and compassion for their less fortunate neighbors with their contributions of food or money to support this worth- wh ile cause. GIVEN und r my hand and seal this 3rd day of August, 1981. Mayor • I • • • • 4 A I ORDINANCE NO. ~,_S tf BY UTH ORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNC IL MEMB ER BRADSHAW SERIES OF 1981 AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REV ENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, I N THE TOTAL PRINCIPAL AMOUNT OF $2,215 ,00 0, FOR THE PURPOSE OF CONSTRUCTI NG I MPR OVE ME NTS TO THE MUNI CIP AL GO LF COURSE CONSISTING OF A NEW CLUBHOUSE, AND CONS TRUCTING AND INSTALLING I MPROVEMENTS TO THE MUNICIPA SANITARY S EWER SYSTEM; PRESCRIBING THE FORM OF SAID BONDS AND INTEREST COUPONS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BOND S FROM THE REVENUES OF THE MUN ICIPAL USE TAX; AND PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THEREWITH. WHEREAS, th e City Council of the City of Englewood has determined that i t is nece ss ary to construct improvements to the municipal golf course, to include constructing and equipping a new clu bhouse; and WHEREAS, the City Council has f urther determined Lhat it is n cessary to cons ruct aud install improv ments to the munici- pal sanitary sewer system; and WHEREA S, pursuant to House Bill 1419 (Section 29-2-112 C.R .S. 1973, as amended , e seq.) passed by General Ass mbly of he S a e of Colorado and e 1, 1981, a county, ci y, or t wn h1ch has x, or bo h, and has prov1 for he for he deposit of 11 or ny par of he or u t x, or bo h, for c pi 1 improv m n he Flf y-Thlrd as o July or us 1 fund ' y r .n bond pay a le solely ro he special fund for th 1n nc1nq capital 1mprovem nts; nd WI! E REAS, th C1 y has pr v1ously n ct d a s 1 . s t X f 3 on I purcha e ric paid or cha g d upon 11 all 1 8 and purch s of tangibl p rsonal prop ty w1 hln C1ty, and " use ax 0 3 , upon h privil 9 of s orln , us1ng or c on ming Wl hin th b und ri 0 h Ci y, ny r tel • of • I • -• • • tangible personal property pu rchas ed at r etail from sources outside the city limits, as d efined and limited by Title 13, Chapter 4 of the Munic ipal Code; and WHEREAS, Sectio n 13-4-35 of the Municipal Code pr o vides that the use tax port io n of the municipa l sales and use tax enacted by the City shall be deposited into a separate capital improvement account an d used solely to fund and fin ance capital improvements of the City; and WHEREAS, the C i ty Council has determined to iss ue Use Tax Revenue Bonds payable from the special fund designated herein, containing the use tax portion of the sales and use tax imposed and collected by the C1ty ; and WHEREAS, the Us e Tax Revenue Bonds author i z ed herein shall consist of tw o separate series, Series 1981A relating to the golf course project in the principal amo unt of $465,000, and Series 1981 B relating to the sanitary sewer system improvements in the principal amount of $1 ,75 0,000; and WHEREAS, the City has not previ ously authorized or issued bonds or any oth er obli gations pledging t he use tax reve- nues of the City; and WHEREAS, each Series sh al l have a first and prior lien on th use ax rev nue and sp cial fund (but n ot necessarily an exclusive fi s lien) on a parity wi th one another; and WHER AS, Sec ion 29-2-112 C.R.S. 1973, provid s tha he r venu bonds au horiz d by sa1d Articl 2 may be authorized and 1 sued by an ord1nan e of the govern1ng body o the C1 y, without ny f r her elec 10n; and WilE EAS, pursuant o said S ction 29-2-112 ( 9) and the C1ty Chart r, t.he bon s uthoriz d by thls ordinance shall not const1tute n 1nd bt dness o he City w1 thin th mean1ng of any constitu ional, statu ory or charter prov1s1on or limi ation; and WHEREAS, by R olu ion passed and adopted on June 15, 1 81, he City h s authoru d nd du ct th publicat1on of th No 1c o s 1 of bonds; nd -2- • I • - • • • • WHEREAS, the City re ceived and op e ned bids for the purchase of the bonds, and has a ppro ed the award of the contract for the sale of the bonds to the best bid de r ; and WHEREAS, it i s necessary to provide for the form of the bonds and interest coupons , the bond details and provision for the payment of said bonds, together with other provis ions relating to the authorization and issuance of bonds: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO: Section l. Authorization. That for the purpose of constructing improvements to the municipal golf course cons1st1ng o f a new clubhouse, and constructing and installing improvements to the municipal sanitary sewer system, there are hereby author- ized Us e Tax Revenue Bonds of the City of Englewood, Series 1981A in t he principal amoun t of $465,000 for the golf course prOJect ("Series 1981A Bonds"), and Series 1981B in the principal amount of $1,750,000 for the sanitary sewer system project ("Series 81B Bonds") and collecti vely referred to herein as the "bonds". The principal thereof and the interest thereon shall be payable solely and only out of the proceeds of th municipal use tax author1 zed pursuant to Section 1 3-4 -14 of the Municipal Cod of th City , and the special fund or fu nds described in th1s Ordinance. Section 2. Bond Details. That each series of bonds shall be dat d S ptember 1, 1981, and be in he denomination of $5,000 each, numb red to 93 , inclusiv , for the Series 1 81A Bonds and from o 350, inclusive, for the Series 19818 Bonds, shall b pay b to b arer, and bear int r st from dat to matut- 1 ty, payabl on May 1, 1982, and semi nnually ther aft r on he 1st day of M y nd the ls day of November each year, and m ur ser1 ly on Nov mber 1, as follows: -]- • I . - ( • • • • Series Interest Series Interest Maturit;t l981A Rat e 19818 Rate 1982 $ 15,000 12 .00% $ 65,000 12.00% 1983 30,00 0 12 .00% 1 20,000 12.00 % 1984 35 ,0 00 12.00% 130 ,000 12.00 % 1985 40 ,00 0 12 .0 0% 145,000 12 .0 0% 1986 45,0 00 12 .00% 16 5 ,0 00 12.00 % 1987 45,0 00 10.50% 180,0 00 10.50% 1988 5 5 ,000 10 .25 % 200 ,000 10.25% 1989 60,00 0 10 .50% 225 ,000 10.50% 19 90 65 ,000 10 .75% 245 ,0 00 10.75% 1991 75 ,00 0 11.00% 275,000 11 . oo .. The n et effecti ve i nterest rate of the Se ri es l981A Bonds i s 10. 922355~er annum , and the Series 19818 Bonds is 10.922355% per annum. The bonds of each Series maturing on or b efore November 1, 1986, shall not be redeemable prior to their respect ive matur- ity dates. Bonds maturing on November 1, 1987 , and thereafter, shall be redeemable at the option of the C1ty on November 1, 1986, and on any lnterest payme nt date thereafter, in inv rse numerical ord r, upon paym nt of par, accrued interest and a pr mium of 1 of the principal amount thereof . Not1ce ot prior redemption shall be given by publ1cat1on at 1 ast on time in a newspaper having general circulat1on 1n the C i y of Englewood , dat of r d mption, copy o h not ic not less than thirty ( 30) days and not1ce sh 11 also be given by cer i 1 d, 1rs class mail, prlot to th by ma1l1ng a o th orig- 1 al purchasrr ot th bonds, t least th1rty (30) days pr1or to th dat o( r d mp ton . Tt. pr1nc1pal o and 1n rest on each S ries o bonds hall tJ payabl t Th !''irst National Bank. of Englewood, 1n En lewood, Color do. Sect1on 3. t Cou ons. Th bonds shall b of th Ma~or 0 th C1 y, attes nd coun ersigned y manual s1gnatux: of h Director of F1nanc , x-officio C1 y Cl r - Tr asur r, and al Wlth d f cs1m1le of th offlc1 1 al of h C1 y, nd th in t coupons to b ign d with th facs1m1le • • I • • • • signature of the Director of Finance . When issued as aforesa id as ( part of said bonds, such interes t co upons shall be the binding obligations of the City according to their i mport. ( • Should any off i cer whose manual or facsimile signature appears on said bonds or the coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimi le signature shall nevertheless be valid and sufficient for all purposes. The bonds and the interest coupons attached th ere to shall be in substantial l y the following form: -5- • I • • STATE OF COLORADO No. • • • (Form of Bond) UNITED STATES OF AMERICA COUNT Y OF ARAPAH OE CITY OF ENGLEWO OD USE T AX REVENUE BOND, SERIES 1981A 19 81B $5 ,000 Th e City of Englewood, in the Coun t y of Arapahoe and State of Colorado, for value received, hereby prom ises to pay to the bearer hereof, out of the special funds here in aft er desig- nated but not otherwise, the principal sum of F IVE THOUSAND DOLLARS in lawful money of th e United States of America, on the lst day of November, 19 a t the rate of with interest thereon from date to maturity, per centum ( per annum, payable on May 1, 1982, and semiannually t hereafter on the ls t day of May and the lst day of November each year. Both p ri nci pal and interest are payable at The First National Bank of Engle wood , in Englewood, Color ado, upon presentati on and surrender of the attached coupons and this Bond a s they severally become due. Bonds maturing on o before November 1, 198 , ar not redeemable prior to their r espe c tive maturity da e s . Bond s maturing on Nov mb r 1 , 1 98 7 , and ther after, shall b edeemable at th opt1on of h City on November 1 , 198 , and on any 1n ~rest paym nt da e h rea ter, in inverse numer1cal ord r, upon payment o~ par, ccrued 1n tere st and a premium of 1 of th pr1nc1pal amount thereof. Notic of prior re empt1on shall b g1v n in h t1me and manner set forth i n the Ordinance authorizing t he issu - anc o his Bond. This Bond is issued by the City of Englewood, Colorado , for the purpose of constructing [For Ser1es 1981A Bonds ] -improvem nts to the mun1cipal golf course conststing of a ne w clubhouse , [For Sertes 19818 Bon s] -and installing improvem nt to h muni c 1pal s nlt ry sewer sy tem, under th u hor1ty o and in full conformi y with h Cons 1 u- lOn and La s of h e S a o Co lorado, h Char r ot h Cl y, • I • • ( • • • • and pursuant to Ordinance l>K Series of 1981, of the City duly passed and adopted prior to the issuance of this Bond. The Bonds of this series are issued under the authority of Title 29, Article 2, Section 111 , and, in accordance with said Section, such recital shal l conclus ive ly impart full compliance with all of the provisions of that S ec tion, and all bonds issued containing such recital shall be in co ntestable for any cause wh atsoever after their delivery for va l ue. [For Series 1981A Bo nds ) -Both th e principal of and inte rest on this Bond are payable solely out of the •city of Englewood Use Tax Revenue Bond Fund Series 1981A", or if necessary, from the "City of Englewood Use Tax Revenue Bond Reserve Fund", all as more particularly set forth in the ordinance authoriz ing the issuan ce of this Bond. The Series 19 81 A Bonds constitute a first and prior lien on the special funds referred to above (although not an exclusive such lien) on a parity with the lien of the Use Tax Revenue Bonds Series 1981B, dated September 1, 1981, author- ized by the Ci ty concurrently with the authorization of the Series 1981A Bonds. [For Series 1981B Bonds ) -Both the principal of and interest on this Bond are payable solely out of the •city of Englewood Use Tax Revenue Bond Fund Series 19818 ", or if necessary, from the "C ity of Englewood Use Tax Revenue Bond Reserve Fund", all as more particularly set forth in the ordinance authorizing the Issuance of this Bond. The Series 1981B Bonds con stitute a irst and prior lien on the special funds referr d to above (although not an exclusive such lien) on a parity with the lien of the Use Tax Revenu Bonds Series 1981A, da ed September 1, 1981, author - Ized by the City concurrently with the authorization of th S ries 1 81B Bonds. This Bond does not constitute a debt of the C 1ty of Engle ood within he m aning of any constitutional, statutory or charter limita ion or provision, and shall not be consid red or h ld to b a general obligation of the City. The hold r of this Bond may not look o any gen r 1 or oth r fund of th City -7- • I • • - .. • • • • for the payment of the prin c1p J of or interest o n this ob iga- tio n, except the special funds r eterred to above. It is hereby certified, recited and warranted that for the payme nt of this Bo n d, the City has created and will maintain the special funds a nd wi ll deposit therein, out of the revenues of the municipal use tax , the amounts and revenue specified in said Ordinance, and out of said special funds, and as an irrevocable charge thereon, will p ay this Bond and the interest thereon, in the manner provided by said Ordinance. It is furt he r recited and certified that all requ i re- ments of law and all c onditions precedent have been fully complied with by the proper o f ficers of the City in the issuance of this Bond. IN TESTIMONY WHEREOF, the City of Englewood, Colorado, has caused this Bond to be signed with the facsimile signature of its Mayor, sealed wit h a facsimile of the seal of the City, attested and countersigned by the manual signature of the Director of Finance, ex-offici o City Clerk-Treasurer, and the interest coupons attached hereto to be signed with the facsimile signature of the Director of Finance, as of the 1st day of September, 1981. (FACSIMILE S E A L ) ATTESTED AN D COUNTERSIGNED: (Man ual Signature) (Do Not Sign) Directo of F i nan ce, e x-officio City Clerk-Treasur r -a- CITY OF ENGLEWOOD , COLORADO By: • (Facsimile Signature ) (Do Not S1 gn ) May or I . - • • • • (Form of I nter est Co upon) No. $ ____ _ May, On the 1st day of November, 19 unless the Bond to which this coupon is attached, if redeemable, has been called for prior redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to the bearer hereof the amount shown hereon, in lawful money of the United States of America, at The First National Bank of Englewood, in Englewood, Colorado, solely out of the special funds referred to in the Bond to which this coupon is attached, but not otherwise, being inter- est then due on its Use Tax Revenue Bond, Series 1981A (Series 19818), dated September 1, 1981, bearing No. (Facsimile Signature) (Do Not Sign) Director of Finance, ex officio City Clerk-Treasurer • I . • • • ,. • S e ct i o n 4. Di spos · t ion of Bo nd P roc e e d s . Th e bonds shall be i s su e d and sold for th e 'L os e of construc ti ng tmprove- ments to t he municipal golf course consi s ting of a new clubhou se , and f or constructing and i nstalling i mp rov em e n ts t o the mun ici pal sanitary sewer syste m; n e i ther the purchas e r o f t he bonds nor the subsequent holder of any of them shall be respon sible for the application or disposal b y the City or any of i t s of ficers o f the funds derived from the sa le thereof. The issuance of said bonds by the City shall constitu t e a warranty by and on behalf of th e City for the benefit of each and every holder of said bonds , that s a i d b o nds have been is su e d for a valuable cons i deration i n f ul l conformity with law. All or any p o rtion of the bond proceeds may be tempor- arily invested, or reinvested, pending such use, in securities or obligations which are lawful investments for such municipa li ties in the Sta e of Color ado. It i s hereby covenanted and ag r eed by the City th a t th e t e mporary investment or rei nvestment o f th e bond proce eds, or any p o rtion there o f, s hall b e o f s uch natu re an d ex te nt, and fo r s uch period, that the b onds s h a l l not be or become arb ttr ag bo n ds wi t hi n t he meaning of Section 103(c) of t he Int er na l R venu e Co de of 19 5 4, as amended , nd pe r ti n ent regul atto n s , and such proceed s , if so 1nvest d or retnvested, s hall be s u bject to the ltm i tati o ns a n d r st r ictions of said Section l03(c), and p rtinent regulations s the s me now exists or may later b e m nded . Sectton 5. Thre e Percent Municipal Use Tax . Sectton 13-4 -14 of the Municipal Code provid s for a use tax upon the privileg of storing, using or consuming within the bondanes o he C1 y o Englewood, any ar icles of tanglble personal property purchas d a r atl from sources outside th corporat l 1mits of th Ci y, ore p rticularly set forth and l1m1t d in th Code. s ction 13-4-35 provtdes that the use t x portion of th municip 1 sal s and use ax shall bE> deposit d o a sep a ra capi al im- rov m nt ccoun us tax s coll c ccoun hall b an used for c pi al 1mprov men purpos s. Th d nd d posited to th capital improv men placed 1n ub-account wtthin t h ca 1tal -o- • I • • - • • • - improvement account, and kept 'L~ar ate and apart from other funds of the City and shall be identifiable at all times . Section 6. Payment of Pr1ncipal and Interest. The use taxes imposed and coll e cted by the City and deposited to the capital improvement accoun t and sub-account (the "pledged reve- nue s") s hall be used on ly in the following manner and order: A. Bond Funds. Ther e is hereby established the "City of Englewood Use Tax Revenue Bond Fund Series 1981A" (the "1981A Bond Fund ") and the "City of Englewood Use Tax Revenue Bond Fund Se ries l981B" (the "19818 Bond Fund"); the City covenants to deposit , from the pledged revenues concurrently into each fund, the following amounts: (i) Monthly , beginning on or before December 1, 1981, and on or before the 1st day of each month there- at er, one-twelfth ( 1/12) of the principal amount becoming due on the next principal payment date. (ii) Monthly, beginning on or before December 1, 1981 , and on or before the 1st day of each month there- after, one sixth (1/6) of the 1nterest amount due and payable on the ne t 1nterest payment date. (lii) If add1t1onal bonds are authorized and 1ssued B. a a la r date, wh1ch are payable from the ple ged revenues, and wh1ch have a l1en on such revenues and the 1981A Bond Fund and 19818 Bon d Fund on a parity w1th th 11 n of th Seri s 19 lA Bonds nd Ser1es 1 18 Bonds, then paym nts y b m de to h Bond and Inter t und tor such ddl- lonal parity 11 n bonds concurrently w1t1 the p ym n or the bonds authorized by this ord - nanc Tht! City !:ih 11 posit, !tom h pl dg d r venu Res rve funi, as mor amounts r quir d to b d po 1t d to th ~ r 1cul rly d cr1b d 1n th follow1ng -11- I • - • • • • Section. Payments shall be made annually to the Reserve Fund in th e amount of $30,000, on or be tore December 1, in each of the years 1982 to 1986, inclusive, until the required total amo unt has been d epo sited therei n. If additiona l parity lien bonds are authorized and issued, then deposits may be made to a reserve fund as additional security for such bon d s, concurrently with the payment s to the reserve fund for the S eries 1981A Bonds and Series 1981B Bonds. (C) Other Purposes. After making the payments requi red by subparagraphs (A) and (B) above, any remaining pledged revenues from th e municipal use tax shall be used for the payment of the principal of and interest on any additional use tax revenue bonds havi ng a lien which is subordinate to the lien of the Series 19 81A Bonds and Series 1981B Bonds, and for a reserve fund as add ition a l security for the payment of such subord inate lien bonds, or for the payment of any capita l improvements of the City, as the City Council may from time to time determine. In the event that any other funds of the City may be lawfully availab le for the payment of principal and interest, the Ci y may apply such funds for said purpose. Section 7. Reserve Fund. There is hereby created the "City of Englewood Use Tax Revenue Bond Reserve Fund", (the "Reserve Fund"), for the purpose, if necessary, of pay1ng the principa of and 1nterest on each series of bonds authorized by this ordinance. The Reserve Fund shall be a common fund for both Series of bonds, and shall be established as follows: (a) The Reserve Fund shall be established 1n th tot 1 amount of $300,000, by the depos1t of one-half of such amoun from the proceeds of th bonds at the t1me f the issuanc and delivery of the bonds; $110,000 shall be deposited from the roceeds ot the Seri s 1981A Bonds and $40,000 from the Ser1es 19818 Bonds. Th remain1ng one-half of th Reserv Fund shall be cco..~mul ted by the depos 1 t annu lly of $30,000 on or b for the 1st day of Dec mber 1n c of th y ars 198 to 19 6, 1nclu iv , un il he requir d amount h s b en accumula d. T he R s rv Fund shall be maintain d in th r qu1red tot 1 amoun until uch im -12- • I • • • • • • as the amount wil l be sufficien c to pay all of the bonds wh i ch are then outstanding, and the interest thereo n, at which time such ~onies may be applied to redeem and pay the outstand ing bonds or to pay the same at thei r normal maturity date. If money in the Rese rv e Fund is principal of or restored t o th e Monies depo sited as may with the Charter relati ng t o the us e d t o prevent a defaul t i n the payment of the interest o n the bonds , the n such amounts shall be Reser ve Fund as soon thereafte r as po ssib le. held i n the Reserve Fund may be inve st ed or be dir e cted by the City Council and in accord ance o f the City and the laws of the State of Colorado depos i t or investment of such fund and monies. The investment of th Reserve Fund amount sh a ll, however, be subj ect to the covenan ts and provisions of Se ction 4 hereof. Th e amount of the earn ings fr om such investment or depos its may be appli ed towa rd the ne x t payment required to be made to the Re serve Fund. Section 8. Covenants of the Cit y. The C1ty hereb y irrevocably covenants and agrees with each and every holder of the bon d s, hat so long as any of said bon ds rema1n outstanding: (a ) It w1ll not am end or repeal Ti tle 13, Chapter 4 of the Municipal Code relating to th e munic ipal s ales and use tax by decreasing the use ax rate of 3 , or in any way that would adve rs ely affe c t th amount of use tax r venues wh1ch would ot herwise be collect d. However, nothing shall prevent the C1ty from amend1ng or repealing Title 13, Chapt r 4 1n ord r to make c r ain changes in the adm1nistration, collectlon or enforcement of such use tax s, provided that sue chang s are advan ous to the C1ty nd would not dvers ly ff ct h bondholders. (b) It to be admin1s e r d, by T1tle 13 of the action to collect T 'tl 13, and in (c) It will adm1ni ster , nforc nfo rced nd colle~t d, MUnlClpal Code , and sh d linquen p ym nts a s cordance wi h 1 w. will k. p such boo s thr P r c nt municipal nd coll c , or caus h us t X authorized 1 take uch n cessary shall be authoriz ed by nd r cords how1ng th us x, ln which C' m-p oc d., 0 th ple e en ries sh llb mad in cco rd nc with stand r r1nc1 s -13- • I • • • • • • • of ac c o u n ti n g , and any owner o r h~ld e r o f a ny of the bo nd s shall h ave the right at all reasonable times to ins pe ct the r ecords and accounts r ela ti ng to he col lect1 on and rece1pts o f suc h use tax. I t wi l l, a t leas t once each y e ar, ca u s e an audit o f the re c ords rel a t1ng t o tt·e colle c tion and r e ce ipt s o f the u s e tax re venue s , a nd upon r tque st, make ava il ab le the r epo r t of th e a ud i tor or a c co unt an t , t o any holder of such bonds, and s hall mail a copy of th e r e por t t o the ori g i n a l purcha s er of th bonds . S uch audit may be ma de part o f a nd i nc l uded within the g en er a l au dit o f t he Ct t y , and made a t th e sa me t ime as th e general audit. ( d ) Tha t in the r ep laced and su p erced ed by v ent t he us e taxes of the C ty a r e S tate collec ted-loca lly shared u s e tax or ta x es , o r are rer-ac-d and su pe r ceded in some o her manner from s ome other source or .;ources , t h rt:!v enues dert ved by th ' C tty f r om sa1d repl a cement ::.ourc or sources, a s receivt:!d by the Ci y shall be a ppr opr i a t d .. n t h sa me manner as i th Clty had levied a n d 1mposed a municipal u s e t a x, and 1n accord an Wltb T1tle 13 of th Code . From and afte r th a te of said r place- ment , h bonds here1n au horized, and any th n outstanding part ty lien bond s, s ha l l have a f trst and p rior lten, but not n cessar1ly a n e x clusi ve such lien , upon such r e plac ment r eve n ues to th e x tent lhe r i n sp c 1 f1ed . Sect1on 9. Addt t ional Bond s. No a d d1 t 1ona l bonds &h 11 oe i su d paya le trom the pledg d r e ve n ues n d h a v1n~ a 11 n pon such rev nu •:. which 1s e!1.2!...£!__ r1or to t n e lien ot tr. bonds u hor~ d h rein. Howevt:!r, noth1ng 1n thls Ord1nance sh 11 be cons rued tn su·h m ru1 •r db tv 1=rev nt the i s u n c by the Clty of d lt onal bond p yabl trom th ledqed r v nu s dOd const1tut1ng 11 n up o n 4ld rt!venu s qu l or on Wl h h 11 n ot th bonds 411 hor1z d h t e1n, prov1 d lS curr n ln th !l y en ot frlnc:i p l n 1n t-r•s an accumula 1 on t th Ull s to t:h 1 lA Bon nd t h. !) r1 1981 Bon nd h I 1 dg d l II nu coll c d or r c iv d by h Clty -14 • I • • • • • • in the las t preced1ng fiscal r is suff1cient to cover 1.35 times the average annual p r1n ci a.l and interest requ1rement s or• the outstandi n g Series 1981A Bonds and the Series 1981B Bonds, and the proposed parity lien bonds; in addit 1on , the estimated pled ged r evenues to be collected or r ceived in th e fiscal year in whi ch the prop osed parity li n bonds w1ll be issued, shall be a t lea t eq ual to 1.50 times the average annual princ 'pa1 and intere st requirements of the Ser1es 1981A Bonds and the S e ries 198 1B Bonds and the proposed pa rity lien bonds . The pro jected pledg d re ve- n u es shall be determined by an independent certified public a countant, as designa ted by the Ci t y • In the event that t he pe rcentage of the municipal use tax has been increased during the preceding or current fiscal year , then the pledged revenues can be dete rm ined by applying the new percentage to the amount of use ta x e s ac tu a lly collec t ed during such prior fiscal y e ar, for the purpo s e o de te rminig compl1anc with th prior year cov rage requirement. Nothing herein shall prevent the Ci ty from 1ssuing bond s payable f r om the p ledg d revenues and having a l1en thereo n h1ch is JUnlor an d subord1nate to the l1en o the bonds au hor1zed here1n . Sect1on 1 0. Defeasance. When all pr1nc1pal, 1nterest a nd pr ~o r red mp ion premiums , 1f any, 1n connec t1 on w 1th the bonds hereby authoriz d have b en dul y pa1d , the pl dg and l1en and all o ligations hereun er shall thereby be d1scharg d a nd he ends Shdll no longer be deem d to b ou stand1ng w1 de med to b m an1ng o this ord1nance . There sh 11 b h1n the such due paymen wn n the C1ty h s plac d 1n scrow and 1n trus w1 h a commerc1 1 ban locat d w1 t h n or w1 hout h t·t of Color~do , nd x rc1s1ng t rust pow rs, n mount suffic1 nt ( i••cluding the known 1n mum y1 ld from Fed r 1 Secur1 tles in which twch amount ay be in 1 i lly 1nves ed) to all r quireruen s of nd pr1or r dem ion r •m1um , if ny , as ttl duP. to h ir final rna a 1t:i or upon de J•Jn t d pr10 d t:f'! . r ~ c iv t1m s on which th proc -15- • at o p hall b p rlnC lf b•come mp 1 n lOt t th n d ·d, 1n I • • - , l l • • • • acco rdanc with a schedu le est~o llshed and agreed upon betwe en the C1ty and such bank at the time or the creation of the e scro , or th e Federal Se curit ies shall be subJect o redemption at the op tion of the holders •he reof to ass ure such avallabil1ty as so neede d to meet s~ch sc hedule. The term "Fe de ral Securities" within the mean1ng o this section shall 1nclude only d1rect obligat1ons of, or obl 1 gations the principal and interest of which are uncond itionally g ua rant ed by, the United States ot America. Section 11. Severabili ty. That if any one ~t more sec tions or part of th1s Ord1nance shall be ad Judged unenforce- able or 1nva id , such JUdgment shall not a ff ect, 1m pai r or nva l- ida te th e remain1ng p rovisions of this Ord 1 nanc , 1 b 1ng the 1ntent ion that the va rious provis ions hereof au~ severable . Section 12 . Repealer . All ordinances or pa rts thereof in confl1ct Wlth this Ordinance are hereby repealed . Se ction 13 . Ordinance Irrepealable. After t he bonds a re 1ssued , this Ordinance shall be and remain irrepealable until said bonds and the interest th reon sha ll hav been fully paid, sati s f1ed and dJ.schargPd . Sec 10n 14. Hearing. In accordance w ith S ction 4 0 of he C1 y Ch art e r , the C1ty Council shall hold a publ'c hearing on this Ord1nance , before f1nal passage , at 7:30 P .M. on Monda y , August 3, 1981. Sec ion 15 . Publication and Effect1ve Da e. ThlS Ordinance aft r its final passage, and the adoption and publication shall be numbered and recorded, sh all be authentica ed by h Director of Finane •, e x -offic1o na ur of h May o r c~nd th City Cl r -Tr asurer, and y II C rtificate of Publlcatlon. ThlS or l nc hall 1l co. <.:.fee ivc hir y (30) days after publ1c t1on follo nq fJ.na l pas q In rorl c d , 10 fu ll, nd p s e>d on f1rs r d1n g on h 20 t-h y 0 J lly, 81. -lh - • I • • - ' • • • • • WATER AND SEWE R BOAR D J une 30, 1981 Regular Meeting 5 A The meeting was called to order at 5:06 p.m . by Chairman Gibson . Members present : A 1 so present: Members absent: Gi bs on, Best, Feamster, Fitzpatrick, Gi se burt, Hi gday, Otis Stewart H. Fonda, Director of Util i ties Schnackenberg, Fullerton I. HIGHLANDS RANCH -TEMPORARY CONSTRUCTION EASEMEN T Mr. Fonda stated that a temporary construction easement had bee n gr ante d to Mission Viejo for fill purposes . The easement would not be requ ired after July 1. II. COLOR SELECTION FOR McLELLAN PUMP STATION Mr. Fonda presented to the Board a color folder s howin g a sample of th e Buckwheat Stain which Mis s ion Viejo recommended for the exte rior maso nry of the Mc Lellan Pump Station . The color had been selected because of t he earth tone which would blend i nto the surrounding area. The Bo ard con- curred wi th the color selecti on. No motion wa s made on this i tem . III. REQUEST FROM OR. ROBERT OHLSO N FOR A ROAD EASE MENT ALONG MISSION VIEJO SEWER EASE MENT Mr. Fonda presented to the Board a letter and map from Or. Ohlson, request i ng that he be granted a road easement along the existing Mission Viejo sewer easement for access to his subdivi s ion. Mr. Fonda recommended that the request for an easeme nt be denied since it would encumber the Ci ty 's ability to use its own property. There was a discussion concerning the easeme nt request. Mr. Best moved; Mr. Fitzpatrick seconded : To deny approval of a road easement alo ng the existing Mi s sion Viejo eas ent . I • • ' • • • • Published as a Bill for an Ordinance on the 22nd day of J uly, 1981 . Read by tit le and passed on f in al r eading on the 3rd day of Augus t, 1981. Published by t it le as Ordinance No . ______ , Series of 1981 , on the 5 th day of Au g us t, 1981. Eugene L. Ot~s , Mayo r Attest: e x officio C~ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of th City of Englewood, Colorado, hereby certify that the above and foreqoing is a true, accur te and complete copy of the Ordinance pass d on final reading and published by ~ lc as Ordinance No. , Seri s of 1981. -17- • I . ' • • • • • -2- Ayes: Gibson, Best, Feamster, Fitz patrick, Giseburt, Higday, Otis Nays: None Absent: Schnackenberg, Fu llerton Motion carried. IV. PRELIMINARY RESULTS OF CHEMICAL ANALYSIS CAMP, DRESSER & McKEE -4795 SOUTH INCA Mr. Fonda stated that the results from a chemical analysis of mineral deposits from one of the pipes at 4795 South Inca Street had been received from Camp, Dresser & McKee. The analysis contained 30 percent manganese and 30 percent aluminum. He recommended that a letter be requested from the engineer stating that these minerals do not present a hazard to the water quality. Mr. Gibson stated that although the water pressure had improved in his neighbor- hood, there was still a wide range of pressure fluctuations dur i ng various times of the day. Mr. Fonda stated that there was adequate pressure in the mains, the problem was in the copper service lines located in a small area of the City. He suggested that a pilot program be set up to study the service lines of a few houses in the problem area, as priorities and time permitted. Mr. Giseburt recommended that further investigations be made concerning brea - down of cost sharing between the owner and the City, whether t e wor would be done by City crews or plumbers, and other guidelines of the program . V. CONTINGENCY PLANS IN THE EVENT OF LOW WATER STORAGE Mr. Fonda stated that although the City of Englewood has an adequate supply of water at this time, a contingency plan should be considered in the event of unusually high water usage due to an extended number of extremely hot, dry days toward the end of summer. This, followed by another very dry winter, could seriously deplete Englewood's water storage supply. He recommended that consumption of water be watched very closely during the remaining summer months and that if high water consumption occurs, that a water rationing program be put into operation similar to Denver's every third day water concept . The second option would be to draw water out of Mclellan Reservoir, and then if necessary, to put a call on Englewood's water priority in Bear Cree . Mr. Fitzpatrick recommended that articles be placed in the Sentinel and the Englewood Citizen concerning the need for conservation and a water rationing program in the event of a hot, dry summer. No motion was mad on this matter. Mr. Giseburt move; Mr. Fitzpatric seconded: That the meeting be adjourned . I • - ' • • • • • -3- Ayes: Gibson, Best, Feamster, Fitzpatrick, Giseburt, Higday, Otis Nays: None Motion carried. Meeting adjourned at 6:05 p.m. The next meeting of the Englewood Water and Sanitation Board will be held on July 28, 1g8l at 5:00 o'clock p.m. ~"hi;'· Mary Hilton for Kay Roberts, Recording Secretary • I • - • ' (I • I. • • • CITY OF ENGLEWOOD PLANNING ND ZONING COMMISSION July 7, 19 81 CALL TO ORDER. 5 B I The regular meeting of t he City Planning and Zoning Commission was called to order by Cha irman Judith B. Piers on at 7:05P.M. Hembers present : Carson , Draper, McBrayer, Pierson , Senti, Tanguma , Barbre, Becker Roman s, Acting Ex-officio Memb ers absent : Allen Al so present : Associate Planner P.~rbara S. Young II. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of the meeting of June 16, 1981, were to be considered for approval . Ca rson moved . Tanguma seconded: The Minutes of June 16, 1981, be approved as written . AYES : Draper, McBrayer , Senti, Tanguma, Barbre, Becker, Carson NAYS: None ABSTAI, : Pierson ABSE T : Allen The motion carried. II I. COTTONWOOD VILLAGE Subdivision Plat CASE 1P-81 Mrs. Pierson asked for a motion to open the Public Hearing on the Cottonwood Village Subdivision Plat . T nguma mov d: Barbre seconded : Th Public Hearing on th Cottonwood Villa e Subdivision Pla . Case #7-81 , be opened . AYES: cB r ye r, Pierson, Senti, Ta nguma , Barbre , Becker, Carson, Drap r .~AYS: 'on ABSENT: All n The motion carrl d Mrs. Pi rson ~;ked for th' st f repor . . D rothy h aring, nd or not p in b or n admi nis r iv the Commission wh lh r fore th Commi sion should b worn Ch ir rul d th t th Commi. sion I • • • • .. • -2- would forego the swearing-in of thobe persons speaking befor e the Commission in this Hearing. Mrs. Romans stated that Ms. Powers had a conflict and would not be able o be present at the meeting this evening. Nrs. Romans stated that the matter before the Commission is consideration of a Preliminary Plat of the proposed Cottonwood Village Subdivision . The site involved is on the north sjde of West Quincy Avenue in the 800 block west. Mrs . Romans stated that copies of the preliminary plat were submitted to the various City Dep artments and utility companies, and com- ments and suggestions on he proposed subdivision were requested. Mr . Bolton, the applicant, has received these comments and suggest ions, has incorporated these revisions into the proposed plat, a copy of which revised preliminary pla was iven to the Commission members prior to the me ting . Mrs. Romans stated that the site is zoned R-1-A, Single-family Residence. The subject site is large enough to divide into three parcels, each of which would exceed the minimum lo area of 9,000 square feet as required in the R-1-A Zone Dis- trict. Mrs. Romans emphasized that the division of the land into the three parcels does comply with the minimum requirements of the Comprehensive Zoning Ordinance. Mrs. Romans stated that the Hearing this evening is not on rezoning, but per ains only to the division of the land into three separate sites. Mrs. Romans stated that the Subdivision Regulations require that notice of Public Hearing by certified or registered mail be sent to those property owners within 100 feet of the s~b ject site; his was done by a letter sent by certified mail on June 29, 1981, to property owners of record s shown in the Arapahoe County Assessor's Office . Mrs. Romans stated that the proposed subdivision indicates that access to the two inner lots will be by way of a private drive, which private drive will also be th location of utility lines to service the two interior lots. Mrs. Romans stated that Mrs. Young would poin ou those changes that hnve been made in th revised preliminary plat. Mrs . Young stated tha the en ire cul-de-qqc is designated as an easem nt for utilities and as a priv t drive and emergency vehicle acceRs. A s para driv wny o the garage on the prop- rty at 825 W st Quincy Avenu has been provided, and the pro- pos d privat · · ss/driv will s rve onl the wo interior lots . Mr. Bolton is o .ubmi cov n nt bindi~g the owners of he two interior lot to e responsibility of maintaining he private drive. 1rs. Young ated that Mr. Bolton has also submi ted str profil and p cifica ion for t utility lin s Ch irman Pi r on k d if anyon h d qu s ions o th aff? right-of -w y, do s th 1g th se proper ies, or p op rty own r • D I • • • • -3- has title to the land, and an e d~ereent is given for the Di t ch. Mr. McBrayer asked if setbacks for buildings to be constructe d along the Ditch would be from the pr op erty line or from the easement line? Mrs. Yo u ng stat ed that the setbacks would be from the property line ; however, construction may not be allowed in the easement. Mrs. Pierson asked if he applicant wished to address the Com- miss~on? Mr . Bolton s t ated ha t he did not want to addre ss the Commission at thi s time . Mrs. Pierson asked if there were other persons in the audience who wanted to address the Commiss ion or had questions? Mr. Thomas Webb 4285 South Huron S tre et -asked th width of the existing utility easement on the east side of the property. Mrs. Young stated that the applicant will give a 25-foot ease- ment and the cul-de-sac for utili y purposes; the existing ease- ment along the length of the subject property on the east side, is 16 feet in width and this will remain . Hr. \vebb s tated that he had a lways understood the easement was 10 foot in width. Mrs . Young stated that it is recorded in Book 805, Page 334, as a 16-foot utility easement. Mr . James Lee 835 West Quincy Avenue -asked if th dwelling units that Mr. Bolton proposes to develop on these sites would be two story, ranch style, or if this was an appropriate question at this point in time? Mr s. Pierson stated that the qu stion is really outsid the parameters of the consideration this evening. Mr. Bolton indicat d that h wa struc ion, bu tha pl ns are no time . considering a hi-level con- irmed up at this point in Mrs. Pi rson asked i ther were tu h r q estions or comments from the udience? Th r wet no further questions or com- ments. c, rson moved: Tanguma s conded. Th Pu 1 1~ H a ring on Cas 7-81 b clo d. nt , 1, 8 rbrc, B ~~~r. C r on, Dr p r, Th mot ion rri d • I • • • • -4- have been incorporated in the preliminary plat by the applicant The Commission may approve the preliminary plat as presented his evening, or suggest further changes. The applicant will then submit a Final Plat for he consideration of the Commission; if the Final Plat is approved by the Connnission, it will then be referred to the City Council, and if approved by the City Council it will be recorded with the Arapahoe County Clerk and Recorder . McBrayer moved: Carson seconded: The Planning Commission approve the ·preliminary plat of the Cottonwood Village Subdivision as revised to July 7, 1981. AYES · Senti, Tanguma, Barbre, Becker, Carson, Draper, McBrayer, Pierson • AYS: one ABSENT: Allen The motion carried. IV. Mrs. Romans introduced Mr. Dan Valentine, Intern in the City Manager's office this summer. Mr. Valentine has agreed to address the Connnission on the redevelopment plans that are being implemented in Lowell, Massachusetts. Mr . Valentine stated that he is a native of Lowell, Massachusetts, and is a student at the University of Colorado at Denver. Mr. Valentine stated tha his ambition is to become a City Manager. Mr. Valentine stated Lowell, Massachusetts, was incorporated in 1826, and is located 30 miles nor hwest of Boston . It is a manufacturing city, and has been since the earliest days. In the 1970's , it was r alized that the city was in need of re- vi alization, and a unique process to accomplish this revitaliza- tion was instituted. I is a three-pron ed effort, encompassing the State, Federal and local governments; a 17-member Connnission has been formed to oversee the revitaliza ion program. Each branch of the various governmental entities has a different responsibility; for instance, the ational P rk Service is over- s eeing rh preserva ion of the historic s rue ures and restoring h canal , and the Ci y is making the public improvements. Mr V 1 ntin presen ed slides of th Lowell, Massachus t s ar a, and no d that there are 5.6 miles ol canals in his city. The c nals w t a v ry important fea ure o this municipality, and not only s rv d as a means of transporting goods, but pro- vided water power o run th mills tha w rt> in Lo well. 1r. Val ntine show d <>ev r 1 slides of the "G:tte Hous ". which is si uat d ov r a canal: th various g t s <nth canals can be oper, d from wi hin th s ructure, and t~ese canal gates h ve proved v ry b nefici 1 in times of flooding. Mr . Valen ine no d th t oth r his oric structur s such as th Ay r Hou e ha ·en r finished, • nd now sPrves , s a day-car c n er . Mills h v b n r mod 1 d nd erv a 0ffic spac , or ing for h ld rly nd low-incom f mili ~. • r. V l ntin poin d ou ha hose mills a ar b ing restored or r sidenti l will . r i l ou on th f r; loors and th • I • • • • • 'i- dential • ses ~111 b on the uppL r ~tories. ~. Valen in ~h wed a slide of an o d fir e house that h as been remod 1 d 'nto n attractiv office building, and anot her of a parking garage that was constructed at a cost of $4,00 0,000, wh ich no residen will use because they fe el it is unsound . Mr. Valentine stated t ha t throughout the revital iza tion process, attempts are being mad to preserve the 19th-Cen ury c haracter of the cit y. He stated that Lowell was an "experimen t" in the 18 00's, in atte mp tin g t o provid e housin g for its workers . Lowe ll is now t he fi r st Urb an National P a rk i n t he countr y, having been so a pproved by Congress in 1978. Mr. Valent ine s t ated that the population i s around 90,000 and has b een fo r the last 20 years or so. Hr. Val entine stated that ther e are a n u mber of ethnic communities within the city of Lowell, and the various festivals of these eth nic g r o ups have proven to be quite a tourist attr action . Hr . Valentine stated tha t the tourist trad e is the aim of the revi alization efforts . The Commission expressed their appreciation to Mr . Valentine for his very interesting presentation . V. PUBLIC FO RUM. There was no one present to address the Commission. VI. DIRE CTOR'S CHOICE. Mrs. Romans stated that t the n xt meeting of the Commission, July 21st, Mr . Mike Haviland , the Director of the Downtown De- velopmen Authori y, would be presen and hat he and Ms. Powers would bring h e Commission up -o-date on downtown developm nt activities . Mrs. Romans reminded Commis~ion m mb rs of the Planning Seminar on the Special P•rnt't System which has been schedul d for July lO th at 9 00 A. M. At h Polic /Fi e Cen er. Res rv~tions ha ve ben made for Mr . S nti, lr:. Carson, Mr. Barbre, ~rs. Pierson and Mrs Becker. ~. D p r indicated tha h would tr to at- tend ut leas part of th d y. Mr. Tanguma st d hat h could no t nd , nd Mr. lcBr t t d that he would of wn on th at dat e. Mr . Rom n r xp ct rit APA Cont r nc he City Coun~l due Bo on to tt nd rh • I • • • • • • -6- VII. COHMISSION'S CHOICE. Mr. McBrayer stated that he had recently been in Hendersonville, N.C., and had an apportunity to view improvements tha this jurisdiction has made in the downtown area; he stated that they have converted a four-lane stree t with parking on both sides into a two-lane street with parking and l andscaped areas; this street is now a "winding" street, and is most attractive. Hr. McBray er stated that he had also recently been in Memphis, where they have "malled the entire downtown area". He also discuss ed the development of "mud island" where the history of the Mississippi River is be i n g cre a ed on a small scale . The meeting adjourned at 8 :1 0P.M . Ge~!a'. ~ rf-_:i/ e£f- Re rding Secretary • I . - ( • • • '. • LIQUOR UCEN SI:. I' I IOPI TY t~lNUTES July 8, 1981 5 c l lhe meet1ng was called to order at 8:40 p .m. by Chairperson Donald Styes. !1H1B[RS PRESENT: t'HiBERS ABSENT : fiL~O PRESCtlT: Donald Styes, Frances Cosby, Ronald Blanchard, Lloyd Bryan, Ronald Lunders None Charlie Grimm, Assistant City AttorneY ~ric Johannisson, Re venue Chief Brenda Jarrett, Recording Secretary * * * MR. BLAIKHARD MOVED, AtlD MS. COS5Y SECONDED, TO PASS A RESOLUTION TO APPROVE l'.iSU AtlCE OF A HOTEL/RESTAURANT LICENSE TO JOAN WILSO DBA O'RIELLY'S, 90 \·lEST BEL LEV lEW, ENGLEWOOD, COLORADO, RESULTING FROM TESTIMONY HEARD AT A PUBLIC HEARING OF JULY 8, 1981. AYES : llfiYS: lu! rnolio n c<lrried. Donald Styes , Ronald Blanchard, Frances Cosby, Lloyd Bryan, Ronald Lunders flO i f; * * IIH.! flulhurily rece ived an application from EZ Li uors, 3353 South Sant Fe, lnqlev10od, Col oru<.lo, for u change in corporate structure. Mr. Johanni!;~On •xpl ained that Ivan Diehl, president of ILD, Inc. dba EZ L1quors, died on .tunc 7, 1980. The es ate has rec ntly been settled. The ownersh1p of the .Lntk hds been transferred to the heirs, Mr. Diehl 's minor children. :ir. Diehl's vnfe is conservator for the minor ch1ldren and new off icer:. I VP b Pn lectcd as sho wn in the cor porate minutes. I' CO~I3Y 'OJED, A D 'il . BRYAN SECONDED, TO APP OVE THE CHANGE lfl CORPORATE RUCTURE OF EZ LIQUOR I\ [S: flY : II r• illlillllll ,, rdt!cl. Oo nald Sty ·s, Ronald l:llanchard, ranees Cosby, Lloyd Bryan , Ronald Lunders Olll! p,., rdwg L1• ,,ppllcdtwn rur t rar!.fer of a 3.2 Seer Lic..ens roo1 (r ore, 1 . to At e h Fox, Inc. 470 Sou h Broadwa , Enql wood, Colorado, utho 1ty o~"f r ed h foll 1ng Findi ng o Fac c~nd Corclusion: .~--~--~---------------• 0 I • • • • - LIQUOR LICENSING AUTHORITY CITY CF ENGLEWOOD STATE OF COLORADO '!IlL fl1"l'LH '1'!-1.8 I·'OX CORPORATION ·OR TRANSFER OF 3.2 BEER ON -PRENISES LICENSING HEARING BFFORE LIQUOR LICENSING ,lJ','l!OH l'l''l JULY 1, 1981. FIND ! GS OF FAC'l', CONCLUSIONS AND DECISION OF LIQUOR LICENSING AUTHORITY CONCERNING APPLICA- 'I'IO FOR TRANS FER OF ON-PREMISES RETAIL 3. 2% FERMENTE D MALT BE VERAGE LICENSE FROM ENCORE, INC ., d/b/a SOUTH DOOR, UNDER A CONTRACT TO SELL TO AFTER THE FOX, INC., 5470 SOUTH BROADWAY, ENGLEWOOD, COLORADO, A COLORADO CORPORATION WHOSE SOLE r1AJORITY STOCKHOLDER AND PRESIDENT IS JOHN A. ROMOLA, WHOSE VICE PRESIDENT WITHOUT ANY STOCK 0\ ERSHIP IS ROBERT J . STEAPP, AND WHOSE SECRETARY- TREASURER WITHO UT ANY STOCK OWNERSHIP IS EDWARD 0. r:IHKLit . 'T'It,,t on 1 July 1981 <1t the hou of about 7.30 P.t-1., the 1." ('"'·''"' 1\utho• 1,t y Cor l:hc City of Englewood hclc.l u "" ct~ny cOnl!crn.~.ng U <.! LJ.' n~ er ot the abov lie ntoe. mc\.!t:inl w held l n th Cl.ty of Engl ~..;woo Public Library cn:m.: HoJm t 3400 Sou h El Li Street, englewood, Co.i..or do 80110. I >llowJ.nq l'~ndJ.119~ oL P uct: urc adopt.td by the Liquor Ll.c ·n :. ng 1 L'dy ~~ th l. 1 ·ct to t:hi.., mutLeJ:: F I 'Dl ,:GS Of' !·'ACT • the ft x: t "' and ltlu jot·:l y vice prcsidunt d who ·dwa 0. t r 8 M y D I • • • 2 . ~ot1f1caL1on to the applicant ot the results of thu r.JleNuou Police Dep rtm~~L background invest1gation of the corpor a te o fficers of After the Fox, Inc. was sent by cert1 f ied lu Ltc.:r La After the F ox president, Mr. John Romola, dated 17 June 1~81 , olfe ring him the OfJportunity to respon in writing to the .. dv<..l.SC nfo mation t e:n~in concerning him (Exhib1 ts 2 and 3). 0 .llll 3 . 'l'ha L notice o f the public meeting was ... c nt to ~lr. Homold by certi f ied letter dated 23 June 19 81 (Exh1bit 4). 4. Tnat Stepher. A. Tinkler, Esq., Attorney at Law, .L• .ponded by letter on b ehalf of hi client Mr. John A. Romol..1 <Ill! o ffered contrary informat1on to many of the matters set forth 1 n the background investigation conducted by the Englewood Police D!pd l t ment (Exhibit 5). ~-That the After the Fox corporat1on 1s author1ze to o b siness in the State of Colorado as evidenced by the Certifi- ca e of the Department of State, Mary Estill Buchanan, Secretary of t ate, dated 9 Apr1l 1981 (Exhibit 6). It is operating as 3 .2~ reta1l on-premises establishment under an umbrella of the curr e nt 3 .2 % ~alt Beverage License issued to and owned by Encore, Inc. d/b/u The South Door on the premises prev1ously occupied by 'l'h c: sout h Door sited at 5470 South Broadway, Englewoo , Colora o. 1'his is being accomplished under a sales agreement and assumption of l <•it sc holcl agreement be ween two parties w1 th fin a i ty of the t • .. r.::..l ·r bu.1.uy cond.1. Lione,d, among other thing&, upon the dpprovul :J t h •-Lt .msfe l. of th ~ 3.2t Halt B verage Retuil On-prcm.H> ... L.LCe w .. c f rom t;ncor , Inc. to After the Fox, In . That Mr. John A. ro o l u WJ S maJority ~tockholder 1n a retail on-prbm1SOb <.~le o~ \, •. rn,•lL l1quor e ~ta b l1shment d/b/a My Swt.!et. Lass with situ in unve r, Colorado, unt1l about Se tember, 19E.O en he -..old hi s c refit v i 1 'l •"ll •G agre emen•. u . 'lhac ·he follow1 r,g persons test1f1ud · n sum, un•vng L1 r t l unqs , on b e h a l f of the transfer nd to the good chura c t:.or .n l J:eputation of H1·. J ohn A. Romol.J. alt.ho gh none of t h em h ,. n nowlf't] c of M1 ·. n omo l.:~', opc r t..1.or n r:ngl wood : -----.. -..... ~ I • • • • • - 7 . That My Sweet Lass 3 .2% Reta~l On-premises Sales J.icense was suspended for a p eriod of 10 days in 1979 (8 ot these d<.l ys I·J ·rc held in abe yan ce for one year and the remaining two- <l ~Y ti s p~ns1on wa s exe cuLed) for serving beer to a pe rson under tn<= <~qe 1 18 years. Dur1ng the time of this violation, Mr. Pornol • was operating My wcet L ass as the major icy stockholder . o. 'l'hut Mr. Romola has b een arrested twice for driv1ny unde r t he 1nfluence of i toxicating liquor. That while no Wt!ig ht i ~ given to the fact of t he arrests and conv~ction in and o r Ll~t~mscl ve s , J.ue weigh t is given to the facts and circumstance~:. ~u r 1ound1ng each incident in that Mr. Romola had be n operating d motor vehicle on the p ublic streets of Colorado after the volun- t c.~ry onsumption of suf i icient amounts of alcohol to bring his ur1 v 1ng to the attention of policemen. On the latter occasion, Mr. Momola ref used t o t a ke a proffered chemical test to determine the al coholic content of his blood as required under the provisions of the Colorado Implied Consent Statute. However, as a result of c;ourt action , he is attending a Level 1 Alcohol Educat ion Program a nd does not Lon ider himself an alcoholic. 9. That the charactP.r and reputat~on of Mr. Romola's o perctL1on oi: My Sweet Lass and After the Fox predominately and ove n1helmingly cate to the eighteen to early twenties age groups . il1·. Homo ld kl!pL hJ.::; oper tion of My Sweet L ~:.s in Denver with1n JcqL~Ily "c ecptabl• bounds by close l iaison w1th the Denver Poli~e u pctrt ut <11 u ll.lr111Y off-duty pol~c emen as d · sc~pll.:le monl. ors \, 10 , tn 1·11'. R •mol a '., words l.n sub st nee, jal.led those patrons wl •o bee 1111<.: Lro u bl • mc.1kers. Mr . Romola would v~gorous y initiate r 1 11 1 lll.:Jl pro:c.ecu 1.ons on all such youthful troubl mekers. Mr • • l m olc.~ opined th t threat of Jail ing youth ful trouble makers 1 l lt1n hi>.. c!>t. L l J.snm nt W<.ls the best wa y of climl.nuL1ng trouble 1! '"' r, e e1 y u :; u h1.s sanction. 11. ~h dt du r ing the tl.mc that the After the Fox has bean Ll • ~ucj de n t s of pol~c.e responses and arre~:.ts thcr to nti l ly nu umdtl.ca lly increa:.ud from wh t. th y were u h Door wa . ~n o p• L'<.1L1on . \'.'h~lc orne such J.ncr ..t ... es tc f t the Fox ~s l.n op r t on mor o t·, h l pr sent frequ ncy i deemed u. hl Some ex mples ol he situ t~on::. ar : ran::> r ot 1 co al.tc WLthin the p r cmi~es of A ter the Fox ( xh~bl.t 7 ); ql ~~ ... pl.Cchel.s Ly youth bout 16 year o ..tgu (E~hJ.bit 1.no d rly co!lduct i n t u >drk ng lot (Exh ibits 9 and 10). 1 •• t;Hg'awo o Pol c u 01.1 ~ u rs D t.cctiv s Dav.1d M~ll<..:J.: u n 1. 1 <l(cu:d t •comm 1\( cd 41 •1 •\J.nsL th o tr..tnsfer b~cc.~usc of Lh<..: t1 • .n LJ.al l.I1 Cl as f pol.i c u responses and arr st .in an~ • I • • • • • « o unu ti e A1:ter the r'ox, which they char.1cter~zed s be · ng xces s~v u evun for the increased operat ing hours of the After It I'o ;.: .wd cl..tssified that establishment ..ts ..1n attractJ.vc nu~su.ncc u 1 t 1<. tc n-age patrons. On 10 June 19 81, Englewood Pol~c~ D partment Detect~ves nd Tom Boc k entered the After tl~ Fox t a o ut 12:40 .il. su ~d waru 0 . Kirkland consuming be~r. Fo r tl ~s v olutio1 1q o r and Beer o de and Ordinances, the ap ~cant, ~tr . mo , was issued a Summons and Complaint into t~ County Court . Mr . Romola took responsib1lity for ~h~s ' ol t1o 1d m ch tes t ~mony and comment was received on ~t. .~.ro :·l r . Eduard 0. Ki rk nd, Mr. John A. Romola, Mr. Steph n Tink D ~c t1v D v~d Miller, and Mr. Kenneth Kershaw, Bar Man ger from e n co re, I nc . who was working in the After the Fox as n Encor H.!p ·sel•t at~ve und r th<., sales con tract. Contrary to Mr. Romolu's c.~nd ::r. K1rkland 's position, this authority finds as established f a c ts that similar viol a tions had o ccurred prior to 10 June 1981, ncl Nr. K<...rshaw had info rmed Mr. Romola of them and the1r sig- nl.!:~c dnc c . 13 . Mr. Rom ola opined that the frequency police recorded 1ncidcnt:s in the After the Fox were due to the age groups of the L><.l Lrons, his inability to get greater police support or to hire ,, ft r•r h o ur policemen a s was done in Denver. Further, he has held 111 • t.u1 r; w 1 Lh Eng l ewood Police Ch1.cf Holmes requesting more su port. !Jl\L ~1us Lo ld the size of the Englewood Police Departme t precluded l.t.. CONCLUSION 'l'hat b<1st:d upon the total 1ty of the in f ormat~on, facts, '"'" 1 st .... Lemc nt:s produced dur ng the hearing, th applicant docs 1 l y u ~l J fy nor meL the requirements of the pro vi s~ons of 12-4f-1 08 , .•;. 1')13 "'; .uncntl L'tl, for the requested transfer wh~ch is h u n.:by II I .U . -4 - • I • • - • • Jur:~ r., 19 el page 2 - • • • Mr. John Romola, the applic ant , wa s present to rec e ive the Conclusion. * * * Th e Authority received an application for r enewa l and change of offic ers for Shakey's, 3281 South Sa nta Fe , Engle wood, Colorado. The t wo new offi ce r s are Gerald P. Pfi s ter, 404 Blue Jay Ct., Bedford, Te xas, Treasurer, and Steph en B. Ea rly, 13344 Fall Manor, Dallas, Texas, Secre tary. The 3 .2 Beer Licens e (on premis es) expires September 7, 1981. MR. LUND ERS MOVED, AND MR . BRYAN SECONDED, TO APPROVE THE NEW OFFICERS AND RENE W THE LICENS E OF SHAKEY'S, AYES: NAYS: The motion carried, Do na ld Styes , Fran ces Cos by , Lloyd Bryan, Ro nald Lunders, Ronald Blanchard None * ... * MR. LUNDERS MOVED, AND MR. BL AN CHARD SECO ND ED, TO SCHEDULE A PUBLIC H(A I TO CONSIDER SUSPENS ION OR REVOCA TION OF A 3 ,2 BEER (0 PREMISES ) ICE S RELOtlr.ING TO ENCO RE , INC. 5470 SOUTH BROADWAY, E<GLE OOD, CO A 0, ESUITI FI'Ot1 A VIOL ATION OF THE COLORADO BEER CODE JUNE 10, 1981, AID II A I' OE llELO JIUGUST 19, 1981 AT 7:30 P.M. AYES: I fiYS: Tl. mo io c rn d. /I Donald Styes, Frances Cosby, Llo yo Bt n, Ronald Lund rs, Ronald Blanchard ton • * bus1n ss to dis' ss, the et1ng was ddJourn d t • I • • • • • Jul · R, 1981 lNGLl WOOD LIQUOH LifF NSE AUTHORI TY PUU LIC HEf\1 ~G Joan ~Ji 1 son db a 0 'Rei ll y's 90 ~J est Bellev i ew l ngl e 1~00d, CO 8011 0 filL 1\I~Y/\t l ~10VEO, AND ~1R . BLANCHARD SECON DED, TO OPEN A HEARING FOR JOAN WILSON DB/\ O'RLILLY'S, 90 ~JEST BELLEVIEW , EN GL EHOOD , CO 80110 , IN WHI CH AN APPLICATION FOR A HOTEL/REST AURANT LIC EN SE WILL BE DE CID ED. 1\Y[S: NAYS: I,. 1notwn carried. Donold Styes , Frances Cosby, Ronald lllanchord, Lloyd Bryan , Ronald Lunde rs None TIL hearing was opened at 7:30p .m. by Chairpe rson Donald St ye s. (hal rperson Styes requested the recordi ng sec r etary ca l l t he roll. I'E lBER Pf<t ,EN T: 'if 'I tR'i 1\BSEtT: Donald Styes , Fra nces Cosby, Ronald Blanchard, Lloyd Bryan, Rona l d Lun ders r one Charlie Gri~. Assistant Citv Attornev Eric Johannisson, Revenue Cnie Orenda Jarre tt , Recor din g Secretdry ~pre ent1ng th1 City of Englewood was Eric Johannisson, Rev nue Chie and ~'I 111• City ClPll, wh o presented the application for O'Reilly's. I ' o lit; lin exh 1 bits ~ere rcce1 ved by the Authority as pres(:ntcd for th~ c 1 ty Ly ••• • 1 ' h rlrll ron: II 1\1 I! • ilt10r1 fur Hotel/Hcstauran License, letter to Joan W1 son d at.~.:d uuly J, 1981 informing her of th public h ar1ng da te; notice of publi c h ri 19 PU lished in th Enf'Jlewood Sentinel June 3, 1981; inanc i al afffd v s gn d by Joan Wil son: fin nc i a l stateme nt from Joan i lson; J 1P. ro~osed layout o~ the premis s; a lease with assign nt or t1 pro rty II p , tor the p t1l10r11ng tlon by Oedipus , Inc. '" IJh ~) l'tl ion~ !loJS y Oed ipus, In . 1, r r. ' x cotl of 0 dipu , Ir ... , 2902 5th tr t., !lould r , Colorudo , h 1d n Hie tfon of City E 1bits B dnd C (1 t hro qh 5). He also I • • I'UBLI C IILAR I NG Joan W 1l~on dba O'RPilly's J ul y t·, 19Bl page 2 - • • - explained the pro cedures f ol lowed by Oe dipus in t he ir survey of the des1gna ed area. Su rveyors spoke wit h 458 persons who were qualified to participate in the survey, 228 of whom signed in f avor of th e license and ni ne ty-three against. The r ema1n1ng 137 did not s ig n for vari ous reasons including non -use of a l co hol, neutral ity, etc. J oan Wilson, 1170 Ste e le ~tr ee t, De nv er , Colo r ad o , t he a pplicant. presented test i mony in support of h~r appl ication. The Aut hority r ec e i ve d the fo llowing ex hi bits for t he a pp l ican t: A. Picture s howing th1 notice of publ i c heari ng sign on the door of the establ i s hme nt B. A report f rom Oedi pus, I nc . dated Jun e 25 , 1981 s howing the business es s urveyed C. Petition a vailable for signatures at t he e stabl i shmen t D. & E. re s pec ti vel y --Sta t ements from the owne r/ma nager of Waxman Cameras, 5295 S. Br oa dwa y a nd Discount Tires, 48 15 s . Bro adway, in dica ting their a pp r ov a l of a ho t e l /res t a urant liquor l i cense a t 90 West Be ll eview Mr s . Wilson called se ve r a l wi tn es se s to sp e a k in her beha lf. All, und e r oath, sta t ed tha th e a ppl i ca nt was of goo d cha ra cter , des er vi ng of th e license, an d tha t t he needs and de si r es of the ne igh borhood were not currently being me t. The witness e s we re: [1 ad Rush, 4365 S. Logan, Englewood , Colorado 80110 Ma nag er of Je rry's Leather Goods, 4965 S. Broad way, Englewood, Colorado Tom Crump, 450 1 S. Jason St. Englewo od , CO 80110 ner of Superlub , 4466 S. Broad wa y, Englewood, Colorado Ga ry May, 4487 South Lincoln Street , Englewood, CO 80110 Owner of A and A Transmission, 4444 S. Broadw ay, Englewood, Colorado im ,Jenkl s, 4580 South Bannoc Stre , Englewo od, Colorado 80110 rormer bartenrJ e r for O'Reilly's The Board que s t1oned rs. Wilson regard1ng e r emod 11 ing planned for he pr·enl i res. hus in r 5 hours. t genera 1 behavior of the pa trans of 0 I R illy Is. tc . Ch a i r person S yes as ed f there was anyone present in opposition to the ap pli c ti •. er w s non e. • I . - • • I'UB LI C IICARl NG .Joa n ~J1ls on dba O'R e illy's J ul y e' 1981 pag e 2 - • • • e xplained the procedures f ol lowed by Oedipus in t heir survey of t he designa d a rea. Surveyors spoke wit h 45B persons who were qualified to part icipate in the survey, 22B of who m signed in favor of the license and nine ty -three agains t . The rema1n1ng 137 did not sign for various rea so ns incl uding non -use of al cohol, neutral ity, etc . J oan Wilson, 1170 Steele Street, Denver, Colorado, the ap pl icant. pr esented testimon.v in support of her application. The Authority received t he f oll ow i ng e xhibits for the applica nt: A. Pi c ture s howin g th1 notice of public hearing sign on the doo r of the establishment B. A report from Oedi pus, Inc. dated June 25, 19B1 showing the business es s urveyed C. Petition availabl for signatures at the establishment D. & E. respectively --Statements from the owner/manager of Waxman Cameras, 5295 S. Broadway and Discount Tires, 4815 S. Broadway, indicat i ng their approval of a hotel /restaurant liquor license at 90 Wes t Be ll ev i ew rs. Wi l son called several witnesses to speak in her behalf. Al l, under oa t h, s t ated tha the applicant was of good ch ara cter, deserving of the licens e, a nd t hat t he needs and desires o he neighborhood were not currently be ing met. ihe witnesse s were : n ad Rush, 4365 S. logan, Englewood, Colorado 80110 Manager o f Jerry's l ather oods, 4965 S . Broadw ay, Englew ood, Colo ado Tom Cr mp, 450 1 S. ason S . [n l ewood, CO 80110 n~r o Su rlub , 4 66 S. Broad way, En glewood, Colo r ado r. ry ~ay, 4487 Sout li coln St re , Englewood, CO 80110 lwnPr o A arod 44 44 S. Br oadway , Eng l ewo od, Color do , Englewo od, Col ora do 80110 ly' The B rd IJUP ... tloned rs. W1 son regard1ng e r emod lling pl a nned for he pre•ni'" s, busin ss hours, t ge eral bPhavior o th pa t ro ns of O'Re111 's, e c . Chairp rson Styes as ed t he r e was anyo ne pr e s e nt 1n opposition to the applicettor. T er w s none . • I • - '· • PUB LI C HE AR ING Joan Wilson dba O'R eilly 's J uly 8, 1981 page 3 - • • • MR. LUND [RS MOVED, AND MR. BRY AN SECONDED, TO CLOSE THE HEAR ING. AY ES: NAYS: The motion carri ed. Donald Styes, Frances Cosby, Rona l d Blanchard Lloyd Bryan, Ronald Lunders None * * * ~~ Recording Secreta ry /bi • I . • • • - LIQUOR LICEN~t ;;JTI!ORITY MINUH..., July 1, 19 81 I ll li!CCLlng \•IdS called to Or•'er at 7 :45p.m. uy Cha irpe rson Donald Styes. ,·!U113[RS J fllSEJH: i1H1BERS ABSENT: I l. ... U 1'1 \LSUll : Do ni.ll d Styes, Frances Cosby, Rona 1 d Blanchard , Lloyd Bry an, Ronald Lunders No e Char lie 11rilll11, Assistant CitY. At t orney Eric Johannisson, Revenue Chief Brenda Jarret t, Recording Secretary l"f'. BRYA I r-10VED, AND MR. LUN DERS SE CONDED, TO APPRO VE THE MINUTES OF THE MEETING OF JUNE 17, 19 81 . AYES: I:AY : Tilt mo 1011 r.<JrnPd. Donald Styes, Frances Cosby, Ronald Blancnard, Lloyd Bryan, Ronald Lunders r one * an a lie t 1o ~or c~ange of 5470 South Br N y, Eng ~v , : lorado. (on pr ises ) Llt n e 1 ncore, I c. 1111 ·• liH' lll<~li••'JCI nt ot 1\flcr the fool(, Inc. !>lnce Apr1l, 1981, thee labll!>hl•ent 11t. ncore, Inc. receivl J a cltatlon to a 1 1quor io t1oo n Jun 10, 19 1. ·of tIC Authurit1cs questions ·ere 1n r rr to tllis lOlatlO"l. 1.t11 ly 1\llorrt•v. (.Mil Grir.1 st.Jt~<J t11 t tn• follow1n 11s uc. '<I I II' 'IV <J l1y the 1\<iti<Orlly: D1rector of FH ,dliLe, 'dlc the back~round inv StiU<Jti n. ft r lh.: Fox 'i/ll/ 1. t Att th Fox 6/S/ . arding li uor co e · ol t fon • Inc., I • • - '· • ,Jill v 1 , 1 'lil1 Pil'l' ?. • • • ?.. I dividual Financial St ements of the corporate o ficers. 9. T p1·rchase agreement 1 etween After the Fox, Inc. and Encore, Inc. and one ad endum. 10. A copy o the property l ease between Grastoke, Inc, the lessor, and Enc ore, Inc., the lessee, and an addendum and related letters. 11. Cert ifi cate cf Incor pL t1on for After the Fox, Inc. 12. A tic les of Incorporation for After the Fox, Inc. 13. Minutes of the first ree ting of the Board of Directors of Af er t e Fox, Inc. 14. Stock Plan of Af er tt,e Fox, Inc. 15 . Management agreement hetw een After th e Fox, Inc. a nd Encore, Inc. 16. A letter to John Ramo a from Gary Higb ee, Director of F'n anc e , in orrrHHJ them of the meeting oc July 1, 1981 where the ic nse transfer appl irution will be considered. 17. A letter to Gary Higbee dated June 25, 1981, responding to the backgro und investiga tion of the corporate officers from Attorney Stephen Tinkler. DetPctive Da ve Miller o the Eng lewood Police Departmen r e sponded to questions reqardin g his belief tha t the license trans fe r should be denied . He ci ed th e in reased number of po l ce call to the estab lishment nd drug rel ed inciden ts. l·ls. Cosby ask ed Mr. omola if he felt he h d a drin inq pr oble111, since he plead ed gu i ty to dr1v1~g unde r the infl uen ce and his lie r cord 1ndrcates o her arres t s f or s im i l ar i nctden s. ~1r. Romola sai d he does no feel hat he has a dr irking preble,. He said hf' pleM1rJ gu1lty to dnv1nr1 under lh infl uence o avo1d aving t e ca c on tn u ial. lie is curren y pa r tic ipating i e required a cohol r ~ab1litatio course. ~·· rl nd· 1rd askl'd t'. Ho la whv Af r the Fox ilrcessibility to druqs. 1r . Romola's the ty pe of e tab 11 shment which 1 eads h<.t t he rloes not condor,e i . lie aid ha · he hall discus:. ' s cs a lishrt nt wrth Englewo d alice hie Robert cc uld cstabl1sh wdys o 1 imin t 1ng tllese pre ble• s. ethen inrlP , dttorr.e .or th~ •l plicant, 2"";.; s Col• ra lo 1020•,, in roduc d wi ne"s s who poke f ~o r<' l y w• r ·. I. • r, • ". d I • • '· • ,) u l y 1 , 1 9& 1 page 3 - • • • J. De t .·ctive L o Bc lli o, a mem be r of the Den ver Police Departr1oer.t for ~ntv-fou r years , an~ currently a ssig ned to Vice and Narcotics and .censing. He felt, also, that Mr. Romola opera ed ' '" eet La c; ;, cOMplianc e with t~e law. Mr . ~d a rd K1rklin, 33 00 5 . Tamarac, Denver, Co l or ad o, Secretary/TrP ~ur~r of Aft r the Fox , Inc. t old the Author ity that he wa s responsible fa he viol a ion of Ju ne 10, 1931. He said he wa s unf mlliar with State l1q r we; ~n did no know he , wh1le wor king in the establishmen , could not co n~u n" <.1 bP r af t er hours. BobS eapp, Vice Presi den t of After the Fo x, Inc . verifie Mr. Kirklin's ver ion of the ci rcLHHS t dn ces surrounding the vio l ation o June 10, 1981. De tec ti ve Mil ler tol d the Authority that t he complai ts fr~ cit"zens ha ve increa sed subs n ial y since Afte r the Fox , In c . became 1nvolved i n its manag men . He said whe n th na me changed fr th So 1th !Joor o Af ter th e Fox the compl in 5 ·ncreased, po ssibl y du e to t~e i crea5ed crowds L . Ron ~Aed <rd of he E g lewood Police Depart ent sa1d that in t. e l ast four· wee s, they had to request mutua 1 a id from the nei ghbo ri n po lee dPp · rts on th,.ee t.londay n"ghts because of disturuances at After the Fo•. ·es to deta1n ver many people. lngl wcod Policr Lera~ m n ~ r r t~ sern r1r~ o·e o~ ~ llow. • I . - , • • • • lui 1 • l 1:11 ""''" ·1 Mr tt ~hd w ~aid that co ntractua l differenc !:>and .:Jther potential vio l at i o1.s •l ltlr nnq with in thee t blishment caused Encore's concPrn for th e license wht d wils s ill 1n tht name of Encore , Inc. ~h ·. Lu nde rs dSk d M . Ker shaw to el abor ate on the c tiler viola 1c s he 1nJ1c a :ed h.1d nc Lutred. He sai that he ha d previously disc ussed with 1-\:-. Rcmo l h1 uJIIL•'t'n thJt Mr. 1..1rklin was dri nk ing after hours. Mr. Romo1 denied tha this statement was t r .. e . At th1s point the Aut nor 1 t y disrusse he evidence the e t• ttive se!:>sio n bu was unable to rea ch d de~.i s ion. de cid ed tha t a de ci s ion wo uld be re ndered July 8, 1981. * * had just 11Ldro n herefore, it was * At 1t~ regu l ar meeting of J une 17, 198 1 , the A~th o ri 1 ~efe rred re ewal or BJb 's Grocery, 3296 S. Wa ~h1ngton St., Engl ewood,: l r ), vnti' ~ . Jo ann1sson cou l d investiqate the a<]es of persons se 1 ing b er i t'lE. '!!Sla ~ ~s .r '1 '. \h,nnls~ r rt;.Jor ed th a he i1ad v 's1:.ec t• o;t res .: r zi 1m-=s an ~ fo u d r, on e under e ightee selling bee r. Add t 1o a• v ~· Co or a o Beer _.-ode allows person s s ix teen and olc.er to se ee .. if l.i"O£'' t e d'r ct p .. ,.,.;,;J , ot an ad lt. • .l .. A'1 D t:S. r SE COND[ , TO AP .E Fr r c.s :osb on '"J 1 s· .~s .• d )\. s • : T E t 1: 2 I • • • • • • 5 0 m 'UTL5 ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD July 14, 1981 Chat.rman Howard ~lorarie cat.ed the regular meet1ng of the Ubrary Advisory Board to order at 7:30 PM . PRE ENT: ABSENT: ALSO PRESENT: lloward ~lorarie, Jr., Bruce !Iogu e, Marietta Brown, Bob Currie, Joe Rathburn, Jerry Valdes, Dorothy Wh eelehan. Norm Kerswil l Sharon Winkle, Dt.rector of Librar1es ~1r s. Bruce Hogue Donna Got berg, Recording SeLretary Sharon W1nlde bnefly h1llghteJ her trip to the l!l 1 American Library Association (ALA)Conference. ~Is. Winkle then brought up the subje t of the Denver Public Library (DPL) non-resident fee proposal. he plans to a tend meeting of Central Colo- r.Ldo Library System Pub! ic l.lhrary Dire..: ors n .July 17, where this fee, and other long-term op ions, will he discuss d. She will r port to the Board a the ne t mee ing the results of h July 17th mee ing. Mr. Morarie noted that ft(;r th July l1th m etJng ,h Board may take actt.on regarding on 1nua 100 o servt.ce to D over res1dent s. The Oir c t or provided stati uc~ which demonstra th d gre to which change in our relationship wlth DI'L wi ll affec libr ry opera tons and Englewood rest.dents. ~lr. Currie moved that af er h .July P h m etlng, the Dir ctor dr ft a letter ~<ith thes s atistic~ showtng the e fee th Denver proposal m· y have on J nglewood residents to s ud to ano:t lcgt I::Jtoi·s. ~lot ion was s condeJ by Mr. Ra hburn. lotion c rncd . Inn le noteJ h1t the "gen•ttc" ltbr ry nl " on hold or now. lh I t t e r t rom l ra 1 g lin p 1 t u 1 ask 1 ng t hat t h s" or "institutional" rd. ·\ft r a hrl that th< Libr.tr)· ~upply Cr tg llosplt I wlth a Brown cond~d th rao ton. lotion c rri d. bortoi>O r's b. inldc announ ha the I 1hr ry h ~ IJ a r ,Jon•wl<l IIhrBr)' trawlng and Je IO(lllll 1 TOJ · of Enc1 y. In d 1 10n, h · L.ihr.tr}' will tt tlv mat r i I . OlltlOU d. , , , • cnt I • • • • • • -2- Chairman Morarie read the letter of resignation from ~lr Nordyke . Is. Winkle said she would draft a letter acknowledging th resignation for the Board. Ms. Winkle also noted that Council is working on filling the vacancy left by the resignation of Mr . Nordyke . tr. Morarie hilighted his attendance a ALA. The mef'tings he attended were on Intellectual Freedom, Federal Government, Future of Libraries. He handed out literature he had acquired. He is obtaining a list of materials regardi ng Intellectual Freedom for future study. He felt we may want to devote a future meeting to the subjec of censorship and access o infor - mation. Under Member's Choice, the 1981 lountain Plains Library Association Co n- fere n ce was discussed. lr. Rathburn suggested one of the Board members ttend, but felt funds were too low. Mr. Currie volunteered to check further. He may attend using personal funds. ~lr. Currie noted that Ms. Evelyn Brewster is retll'<ng . lie suggested a letter of appreciation be sent to her from the Board. lr. llogue brought at tent ion t o the "suggestions" from ~lay and J une and they were di scussed. ~1r. Currie proposed an 1nformal get-together at his home wi th a pot luck supper the 18th of August. He will demonstrate an electronic mail service to the Board at that time. lie also hopes to demonstrate access vw p rsonal comput r to the Pikes Peak R gional 1 ibr ry data base . lr. ~rane R thbut n mad ailed for motion o app ro ve the June 9th minutes. lr . th tion. ~Is. Wheelehan second d. ~lotion carr1cd . M . Whe leh n moved to adjourn. ~lr. Rathburn f'conded. ~lotion carried. I t ing adjourned at 9: 10 ~1. • I . • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N .. ,, DAT E AGENDA ITEM SUBJECT Jul 29 1981 uA INITIATED BY Department of Community Development ACTION PROPOSED Approve the Enc r oachmen t of a meta l h ood ouil:r tl:lil Right-of-way for West Kenyon Avenue at 3701 South I nca St:rililt, INTRODUCTION : A citizen, walking on the south side of \~est Kenyon Avenue just west of South Inca Street, passed under a metal hood which was installed to prote c t an air intake system just as the fan went on . The noise was very loud and quite unexpected and the lady was frightened to the extent that she discussed the experience with Councilman Bilo and Planning Commission member Carson . This is an Industrial area . The matter wa s referred to the Code Enforcement Division, and Mr . Pittman contacted Mr . Richard G. Hajek, Equipment Engineering Company, about the installation, because the City had not issued the necessary permit. It appears that the original contrac tor paid a permit fee for the work and then subtrac ted the work o ut be f ore the permit was actuall y issued . The sub-c on t r a ctor assumed everything was in order and in sta ll ed th e h oo d . Mr Hajek was told t h at b cause t h h ood xt e nd s over th public right-of-w y , it woul d b e necessary to r qu s approva l o f he en - croachment and he has done so. According to the Buildin g D partment re cord s, the north s ide of he bu il d i n g at 3701 South Inca S r t was c on s true d at prop rty line . Wh n the hood wa s in stal l d, i proj cted out 44 inches from he b u i ld i n g ,nd ov r th public r igh t -o f-way. It extends six inches ove r th sid wa l k . Th r is a n igh t foot cl a r anc o v r the side - walk. Th h of d to t h Public Works Director, Chi f Building I nspec or . None h e i n s lla ion and would not Th c ontr ctor would have to • I • - • • • • • • I• CONCL USION AND RECOMMENDATION : The property at 3701 South I nca Street is in the I -1, Ligh t Industrial Zone District, and there is an industrial use in that building. The air intake system is nece s sary to the operation of that use and the hood prevents rain and dust from enteri ng the bu ilding through that system. It is recommended that the encroachment be approved and an Encroachment Agreement executed as requested. Att : Memorandum from Kells Waggoner, Gary Pittman and Gary Diede Letter from Richard G. Hajek with sketches Vicinity Map SUGGESTED ACTION: MOVED BY ____________ _ SECO ND _____________ ___ YES ________ ,NO _____ ~.BSENT __________________ _ • I • - • • • • • • t•' I 'I ) ... lJ .i-• .., ~f31 ---------- ~ TO: Kells Waggoner, Director of Public Works Gary Diede, Director of Engineering Services Ga r~~tt an, Chief Building Inspector l?(2 . _;..~~--A-~~~:~tant Director -Planning Division DATE: July 7 , 1981 SUBJECT: Enc roachment Request -3701 South Inca Street The Planning Division has received a request from Richard G. Hajek, Equipment Engineer i ng Company, for the approval of the encroachment of a metal hood into the area over the public right-of-way for West Kenyon Aven ue at 3701 South Inca Street. The hood was installed lo r protection against rain and dust entering the building thru • .1'1 i n take air sys tem. It extends 44 inches beyond the property "" dnd over a port ion of the public sidewalk. c hood came to our attention through a member of the City Planning and Zoning Commission upon the complaint of a neighbor that the fan had come on just as she was walking on the sidewalk under the hood. The noise made by the fan turning on right over her head was as frightening as it was unexpected. Upon being contacted by the Building Department, the request for an encroachment was submitted. In order that a staff report can be prepared relative to this re- quest, I would like to receive any in formation you may have as to the actual amount of encroachment, compliance with applicable codes, etc. I would also appreciate receiving your comment& and recommenda- t i on . Thank you for your assistanc • f{o o b J ~c/-t (('""l.--~ gw [0 tt: Copy of letter d ted July 6, 1981, aketch, hood diagram and land us map. • I • - • • • TO: FROM: • • • Kells Waggoner, Director of Public Works ~ry Diede, Director of Engineering Services G a~1~~t~~n, Chief Building Inspector ~"/ D. A. R'o~ans, Assistant Director -Planning Division DATE: J uly 7, 1981 SUBJECT : Encroachment Request -3701 South Inca Street The Planning Division has received a request from Richard G. Hajek, Equipment Engineering Company, for the approval of the encroachment of a metal hood into the area over the public right-of-way for West Ke nyon Avenue at 3701 South Inca Street. The hood was installed for protection against rain and dust entering the building thru an intake air system. It extends 44 inches beyond the property ~and over a portion of the public sidewalk. The hood cam to our ttention t h rough a member of the City Planning and Zoning CoDIIllission upon the com plaint of a neighbor that the fan had come on just as she was walking on the sidew alk under the hood. The noise made by the fan turning on right over her head was as frightening a it was unexp cted. Upon being contacted by the Building Department, the reques t for an encroachment was submitted. In order that a staff report can be prepared relative to this re- quest, I would like to receive any information you may have as to the actual amount of ncroachment, compliance with applicable codes, etc. I would also ppr ciate receiving your comments and recommenda- tion • Thank yo u for your s 1st nee. gw tt: • I • • - • • • • • • M E M 0 R A N D U M ------- TO : FHOM : Dorothy A. Ro~;ns , Assistant Director -Planning Gary P1ttman~\C hief Buil d ing Inspector DATE : July 7, 1981 SU BJECT: 3701 South Inca Street The Building Division records show that the building is located on the property line, which would put the proposed hood 44 inches beyond th property li ne. Th or iginal cont~actor s ub -contracted the wo rk to another contractor. A permit fee was charged to the original contractor but no permit was issued for the work. If the encroac hment agreement is approved, t h e Bu ildin g Divis1on would require the cont ractor to pull a permit for the work. I see no other probl ms with the proposed request. /mcc • I • • • • • ,. • II I' 'HIC.E & WAR[HOUS.E. .. .,. NAVAJI.) STREET OEI'Ioi\I[R COLOA-'00 8020• Pt10Nf 303·573· 361 Dock Eqwpmant Spac•allsts Wasta D1sposal Equi pment PO BO X 10714 EDGE .. ONT d RANCH GOlDEN COLOM A DO ...01 July 6, 1981 Hrs. Dorothy Romans Asst. Director of Community Development City of Englewood 3400 S. Elati Englewood, Colorado 80216 SUBJECT:·Request for Encroachment Agreement at Mechanics Corporation Rubber Mold Building Dear Hrs. Romans, BRA ... CH OFFICE PO 8 01CIJOI4 COLORADO SPRINGS, CO J03 ·~·3614 IOtJZ We respectfully request a encroac~nt permit to allow the equipment, specifically a "Dynaforce Corporation Air Jet" me tal hood which acts as a protection against rain and dust from entering the building thru this intake air system. This hood extends 44" past the property line and extends over a portion of the city sidewalk. Attached please find a drawing which shows the encroachment of the hood and the dimensions of same. If there is any additional information you may require please let me know. Sin~/_/ rfl//>f~/ Richard C. ~ek • I • • • • ,. • • • • -· -· • • • ------1 • 1 . . ~---,--T --. , : _ 1 ... !. '-~. -1 Where unusual field canclilians eMisl, de., please prepare sketch in detail below.'1 . ; : :· r-T-:·-r-:--:-· .. --, !. ' -' l ' ' --, --r--. ! -~ . . : . ; . ' ;'1£cHAN a:x {i,R,q,eAn~~.> I· ,0/3-8C'R ~.CO 8L?J9, ., ' .. I ' I ·• I I ! • ' I ,. ' I ': ~4.~-.:" \_ i ~ . I ' I i : : l --~ j j !~i .. : 1 ' . ' I -'-:. : -L-I . '-,· I i ! I ' r .. , ! r-! -i 1--r -i-, ···· I • i· :-1-·1· ., i ' ,. i ·-j-j -j ··;· ·1 r ---I--l 1 -!--. . I .. ! -,. ' i ''1 I . I .,.. ~-- • -1 --I I I . ----j ! - ·-...,-· -' I I I ! -I ,. -.. , I .,-----_! I ~-. I I I ., " ' ., .. ~:- ~! , ' I I r r--· J. ·i · -I ... I · I , I :: ..~· ,....., l I I I _j \!7' 2' ...: 0 _, :li :ltJ (!)" z ... I) -~· -~ ~.,C~ TpP 1 · ;:kpr:NTY: ~~ No 5CAt.e. • • I • • • • • ,, J ~ ~ Ci QL w ~ ~ 11- ~ ~ ol § f -y, . Ill ~ < OJ. &-cl ~ ct ~ .. '2 ~ < ~ l!l -? ~ lJI w C1 ~ -(\ ~ I . • (>? I ;' I l_)<J • • - r--.. ~~6 '" C__ ·,v>t.:.ll.l £1\11 ·~:·1\i h ~ :;u,. ·~··· DX II E ~<Jl ~t t,T SP(Ct~l'm wa.m OI SI'OSA<. lQOIPWUI r.o Bor tom ~It~ &• OOlD£X. COLO. 10401 57).$311 t- .. ~ 3o" • • • ~:'' "2. \.{ lA .. ;...: :t ( ' If J P- I L T fZ. 'BA.~ A~R Fo DF~o:r ~ \ t> v t ....::> 1 To • • 0 • ~ ~~f24t\_;l ~=D n 0 !J Cll \- 5 {1. ., v-LJ 2 -~I 3 (3" (f -~1 ., c.\, 1 v- 'i H t• !~ )' !1 •' !I l·t l ! .. ~· l ·' r I I • I • ;,c. ''-' _j ¢_;~~-'-~ • 1 I . f J 11: : i:-.III;.II.'T, EP.i L·f.U> 15CC · 1 ; I 3t9:-3 0 8 e '::-9.-::r-.-:-._-,t""·,..,-_ d /: ~ E 5 L• .-- ---:. --. -· ':..:,. J L u K /?II ( C'J I i . i I JASON r--- 1 , [3~1] J :J..o I ~ J ·~ot:!P. J ! ~~-:G : i l AII":.£,! .. -R ." ::., ~{~'t:.-: (J!". . '"tfE£.S • ~F L i 7¢ 1920 ~ 4 96:J 2 5 4 0 [r""''.~ uz I j • • • • ST. '"'\ j ,.·.l . ..!.K • 'u 1~ SP.t:;.::es ._..____ r ,. /.. • Z9 6 C 5580 f · .:Z3,seol922:> c ,"'I r-''"o ~"j . ikwo p~J,.,~5tAiv ' ,. t'>.i,P. I : I II ;: : ..J· 1i 2£:. APr. · !1 (SAt:~~v~-'ZI . / ' '. ~ £:!9 t . .-.-" • -~~,....,~-~ • ....J .• ..:0 ------"-" ----"-· -=---=-'=-..,.-~-=-~....: . -, . ' ~ ' 'I ~~-r ! -----.---·--, . i-:-!J i ! \1 0 ~ 2 -< ·o z )> < 1'11 L 'fe:>: so c C ·0,3 U> 433('(. ' I Off•Ct 5 ..vo'rrh.)JSf' 1 ...: l Cl lct & WarehoJst ; i---""- ' I • 1 Sl ,--- --:. N c ---·--· ~ ... 4'00 ...• ,... ...... • .N ! 1: i I ~ I i i . -J--...:3:..:7..:~! ~ -:3 :-~-_;.. __ ...:3:..:7..:.1::..J __ ...:3;..:i 7~0~·-~~i I • ---- ) r T---.--- • :. . ~ ' I ~l j ..... -· 3b90 ;IJP.o £ ! LIJt>GE """'· ~ i -;-- ! .. I 1_ -:-- I rr--.+--=·--~ : : • • 0RDINANCE NO. {,0 SERIES OF 198~ BY AUTHORITY • • • COUNCIL BILL NO. 63 INTRO,DUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUT HORITY $390,000 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTH ORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROG RAM . WHEREAS, the City of Englewood has received a Three Hundred Ninety Thousand Dollar ($390,000) grant from the United States Department of Housing and Urban Development to operate a Housing Rehabili tation Program; and WHEREAS, it is necessary to amend and clarify the agree- ment between the Housing Authority and the City of Englewood concerning the Housing Rehabilitation Program . NOW, THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall amend an agreement with the Housing Authority titled "An Agreement Between The City Of Englewood And The Englewood Housing Authority Regarding The Policies Governing The Housing Rehabilitation Loan And Grant Program Of The Englewood Housing Authority" attached hereto and incorpor ated by reference, generally including the following: l. Application and approval procedure for obtaining a loan or grant from the Housing Rehabilitation Program . 2. The establishment of policies and priorities based on the use and purpose of the grant and loan eligibility, income, ne~ghborhood, liens, credit factors, loans on rental property, and repayment . 3. The requirement of supervision of any improvement. Section 2. A. That the City·of Englewood hereby grants to th En gl wood Housing Authority the sum of Three Hundred Ninety Thou and Dollars ($390,000) to be used in accordance wi th Application Gr nt Number B-81-DS-08-0008 under Title I of the Housing Development Act of 1974 and the Agreement described in Section 1 hereof. : • I • - • • • • ,- B. ~ha~ ~he Ei~y ef Eft~leweee f~r~her ~raft~S ~e ~he Eft~lewoee He~sift~ A~~hori~y ~hir~y-fe~r ~he~safte ~hree H~fteree ~eft~Y Sellars ~~34T3~9t fer ~efteral aamiftistra~ive e~eftsee ift aeeoreaftee with sa~e ~raftt wh~eh shall ee ehar~ee ey the Eity frem t~me te ~ime te ~ay aemift~stra~ive eM~eftses ef ~he Eity aamiftister- ift~ saie ~raft t wi~k ~he a~ reval ef the Ei~y Hafta~er er hie eesi~ftee. B. I CLUDED IN THE FOREGOING $390,000 IS $34 ,320 FOR GENERAL ADMINISTRATIVE EXPENSES WHICH SHALL BE CHARGED BY THE CITY AGAINST THE SUM OF $34 ,320 FROM TIME TO TIME TO PAY ADMINIS- TRATIVE EXPENSES OF THE CITY IN ADMINISTERING SAID GRANT. Section 3 . That all ordinances and resolutions in conflict w~th the foregoing are hereby repealed and expressly repealed are all prior Rehabilitation Loan Program Agreements. Section 4. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement for and in behalf of the City Council and the City of Englewood, Colorado , and that the Director of Finance , ex officio City Clerk-Treasurer, attest the same . Introduced, read in full, and passed on first reading on the 20th day of July, 1981. Published as a Bill for an Ordinance on the 22nd day of July , 1981. Read by title and passed on f~nal reading on the 3rd day of August, 1981. Published by title as Ordinance No. , Series of 1981, on the 5th day of August, 1981. Eugen L. Ot~s, Ma yor Attest: ex officio Ci ty Clerk-Treasurer -2- • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R . H~gbee -3- • I • • • ORDINANCE NO. SERIES OF 1981 • • ,. • BY AUTHO RITY 7B COUNCIL BILL NO . 65 INTRODU CED BY COU NCIL MEMBER KEENA AN ORDINANCE PURSUANT TO T ITLE III, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE, ASSESSING AGAINST CERTAIN REALTY THE CO ST OF REMOVAL OF A DANGEROUS BUILDING THEREFROM BY THE CITY OF ENGLEWOOD PLUS AN ADMINISTRATIVE CHARGE AND PENALTY. WHEREAS, the Municipal Code of the City of Englewood requires an owner of realty to repair or remove a dangerous building upon notice to do so being given to said owner by the City of Englewood pursuant to the"Uniform Code for the Abatement of Dangerous Buildings;' 1979 Edition , which is incorporated in the '69 E.M.C.; and WHEREAS, the Municipal Code provides that upon the failure of the owner to do so, the City of Englewood is authorized to cause the removal of said dangerous building, charge the owner the cost thereof, and notify the owner of said costs; and WHEREAS, the Municipal Code provides that upon the owner 's failure to pay the City the cost of dangerous building removal , the City Council shall enact an ordinance assessing the cost of dangerous building removal, administrative costs, and penalty. NOW BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Administrative Procedures Completed. The City Council her by finds tha the proc or ,ba ment of a d ngerous building and owner ssessm n of cos therefor, which are provided in the Municipal Code o C1 y of Englewood, Sec ion 3-3-1 through 3-3-2, has previously ace rr d and that the abatemen of a dangerous building on h below-lls realty within the City of Englewood, Colorado, was n i her accomplished nor paid for by he owner of said real proper y. S ction 2. The City Council her by ssesses against that p reel of below-list d r 1 y within th City of Englewood, Colorado , th cos o aba emen of dangerous building therefrom plus an dminis r ive f e of 15% of said cost and a penal y o 10 of said o al. The ass ssment shall consti u a p rp tual lien on h rae of land. • I • • • • Assessed is the sum of $2,269.41 against the realty located at 250 East Stanford Avenue, Englewood, Colorado, more specifically described as : West 50 feet of Lots 45, 46, 47, and 48, and the West 50 feet of the North 3 feet of Lot 44, in Block 54 , South Broadway Heights, City of Englewood, County of Arapahoe, State of Colorado . Section 3. Collection of Assessment. The Director of Finance shall certify the assessment to the County Treasurer who shall collect the assessment in the same manner as ad valorem taxes are collected. Section 4. The Director of Finance shall send to each person having a record interest in the realty listed above a copy of this ordinance . Section 5. Notice. Notice shall be published in the Englewood Sentinel wi hin ten (10) days of passage of this Bill upon first reading. No ice after final passage shall be by reference publication. Introduced, read in full, and passed on firs reading on the 20th day of July, 1981. Published as a Bill for an Ordinance on the 22nd day of July, 1981. Read by i le and passed on final reading on he 3rd day of August, 1981. on h A est : Published 5th day of -2- lo. __ , Series of 1 81, --Eug • I • • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R .H igbee -3- • I • • • • • • BY AUTHORITY ORD INANCE NO. ~I SERIES OF 198_1 __ _ 7B COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER KEE•~N~A ______ __ AN ORDINANCE PURSUANT TO T ITLE III, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE, ASSESSING AGAINST CERTAIN REALTY THE COST OF REMOVAL OF A DANGEROUS BUILDING THEREFROM BY THE CITY OF ENGLEWOOD PLUS AN ADMINISTRATIVE CHARGE AND PENALTY. WHEREAS, the Municipal Code of the City of Englewood r equires an owner of realty to repair or remove a dangerous building upon notice to do so being given to said owner by the City of Englewood pursuant to the"Uniforrn Code for the Abatement of Dangerous Buildings;• 1979 Edition, whic h is incorporated in the '69 E.M.C.; and WHEREAS, the Municipal Code provides that upon the failure of the owner to do so, the City of Englewood is authorized to cause the removal of said dangerous building, charge the owner the cost thereof, a~d notify the owner of said costs; and \vHEREAS, the Municipal Code provides that upon the owner's failure to pay the City the cost of dangerous building removal , the City Council shall enact an ordinance assessing the cost of dangerous building removal, administrative costs, and penalty. NOW BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Administrative Procedures Completed. The City Council hereby finds ha for ba ment of a d ngerous building and owner ssessmen cos ther for, which are provided in the Municipal Cod o Ci y o Englewood, Sec ion 3-3-1 hrough 3-3-2, has previously occurr d and that the abat ment of a dangerous building on th b low-list d realty within the City of Englewood, Colorado, was n i her accomplished nor paid or by he owner of said real prop r y. nd Th City Council h r by ss ss s agains ha p rc 1 o below-lis ed realty within th City of Englewood, Color do, h of dangerous bu11ding h r from plus an of 15 of said cos nd n 1 y o 10 o ssmen sh 11 con p rp ual li n on • I . - • • • • Assessed is the sum of $2,269.41 against the realty located at 250 East Stan fo rd Avenue, Englewood, Colorado, more specifically described as : West 50 feet of Lots 45, 46, 47, and 48, and the West 50 feet of the North 3 feet of Lot 44, in Block 54 , South Broadway Heights, City of Englewood, County of Arapahoe, State of Colorado. Section 3. Collection of Assessment. The Director of Finance shall certify the assessment to the County Treasurer wh o shall collect the assessment in the same manner as ad valorem taxes are collected. Section 4. The Director of Finance shall send to each person having a record interest in the realty listed above a copy of this ordinance . Section 5 . Notice. Notice shall be published in the Englewood Sentinel within ten (10) days of passage of this Bill upon first reading. No ice after final passage shall be by reference publication. Introduced, read in full, and passed on firs read1ng on the 20th day of July, 1981. Published as a Bill for an Ordinance on he 22nd day of July , 1981. Read by title and passed on final reading on the 3rd day of August, 19 81. Published by itl as Ordinance lo. on th 5 h d y of Augus , 1981. , Scri s o 1981, Eugene L. 0 1s , Mayor Attes -2- • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasure r of the City of Englewood, Colorado , hereby certify that the for egoing is a true, accurate and complete copy of the Ordinance pass ed o n final reading and publ ished by title as Ordinance No . _____ , Series of 1981. Gary R.H~gbee -3- • I • • c • • • • AU'I iORl T < Ul'C ~ 1 r T t~ ( I lTRODl "'9:J'W rot 'iCII~ uf:JI ,-J 1. ~ ~u A Bd, 1'0 P IV .G i> C LLLC'1l E BAHG.l\HJI' ::; I _RJ::J' 1El " '[) 0 ' ENG ~ OOD, C LOR! DO, AND !:NGLEY.IOOD EMP I " , EFt CT VE JA UA 1 1982 TJI:R()lJSH DECEMBER 1983. tPcl ,July 8 1 1981 y ·nd nolL ood FmployE s pzestnl tive' ofeahrf the v ilC' eEm llt v.os t 11) of th lngl~word E~pl ctS a•:r.< n t.erl 1 r~q Ordinun 't ulv p l.JN·D BY TJIE ClTV C"OlN I "Hb • r I . - t I A J . • • • • • • r~coqni1es the En<Jl Y>vO lm1 loy.•e::; Associat1on and in~l~d d in ald A. oci· tion and hcse .ai Assoctdtion. rployee rights are he£eof. The hours ot < r ore generu l ly for c rtain hlt work. Ovcr- ~d t the rat of 1-l 2 ~1m s n pos1t on~ a4 llow d Prov1sion i 5 n.ace for a .tiny r 11, m rlt ompensation, annual 1 eave, per sour 1 1 •• ve, b injury/dis bility , miliary leave, Lun•ral w: ness serv1ce. Holidays are establ i shed t.rdrorl'l cle. ni1g allowance is provjded f or ~red to wea uniforms . A tuition refund d. Life innur u.cc, den a l i n surdnce, and provided at certain rates . Ret1rement ff p: 1r,, 1t <'lVe of absence and qr1 vane pro- lt<:h~>d in the Agreement. l• , d;; uct:ion 1s ~ ta ss ci t1on dC ivi ies a r e permit e . tabl · llback rov1s i o n s are establ i sh d b n sur d. Compensatio1 1s p r ovided s ·, r 9.5 1ncrease on bas. wag Th • t arti shave aqret>d to only b s~d upon wage survey to be 'l'he foregoinq 1'> only a summary in ny wcy ff c or modify the 3 'dAr mcnt , ca1d AgrFem nt n l ftr t r ' Jr on t 1 inane on the 5 h ay o or • I • • I • • • • • 'l ) r ;; '"'· wEt:.t> Ju t .1lY \Jt•' el'< Lt.WOO , • • ll t ·• Lll I t ot• City i.lb Lh ci1H;Iln y ,,\l r\l .d~:t J , utill d, oloradc. aad l ly 11- I • • I l • • • • It• 1 1 Ill> I p;:a::tice whicio i» nut in 1<: .:v .. nL, p t pra ctice is »Jught to bt rtment ilc<.tJ» !11\.: ;.,so i ation will be p r ovido:d " A.>sociou.on Jet~ino the righL to gri eve conflict with this q;reement. sh 1 t k· fLeet uu J uuary l, 1'18 tel :. ~>l P. t'elllter 31. l98J. J U\l-.! rc~ r.t, u anJ par ot t, m y be terminated ur r neg o ti ... tt:d con~ent Jt botn parti ..s. s ct ion or ttl s Agreemen t shvuld be eld in lid Co urt of compel t jurisdiction, or l.f co:np liance 11ti~j~.: or section should be restra ned by such s Agrct<ment shall not be affec _ 1 thereby and this l' lllili r, 1 fl l ul !'O L'-o! u•ld effect, a d the p arti s .,nal! 1>t:Om ptly 1 tl 1 urpv ot aLtea.pli ng to au~ e at mutually :...lt isfactory d. "'tiel..: or sc<.:tlon • .-nd u. Jcn;tu 11.! th.>t l'rov1:..1.o ~ rel tin· lO cu•i•loy~.:..:s all in n~ "'a d i ll pl ac.~: or ~ di y ptt<t.ent 01: future ~tate or olorado. • I • • • • • • i•l' ··' [o, 1, t•>iu , "'JPP<l'l P-"'' ... c in, or t refrain from t-••n u.ng , J I.) lllll Jt vUPtJOC l l. •g, tll Pdl"ticltJ..l l.lng iu a.uy cmploy\!e org,.Hlizatlon or 1t .... lawful lC1iVltJ .J ; unJ ll. !la rgain .... ~ eu 1 "l llirvugh the.l.r certified em ployee representative. I i Wv J.ntc rferred with, restral.uca, coerced o r of the ex.ercJ.se of these rlg':lt.J no r hall tht: l>y'"· l•> dl~:><.:u ss employment oncenu, wl h Lht: C1 t; '11 t.1 p r~ oLul , lu . .:lion., o r dCli.rl.ties shdll observe office and working t s n c~s,a ry ·o , te •lri .. ient trans c tion of their respective &ervices. Suda 18Vc hcen Jetetnal nc: •vr non emergency employees as follows: AR1l U: \1 k t 1m ti B. lh t o perf I. re d oy this Agre~ent shal ~ork at lLdSt t o rty (40) e C d e of hift work, an av rage of forty (40) ho urs ""'' shall co .sist o f fiv e (5) eight-hour bhifts, or a~ <!te • ~n d by the department head WJ.Lh approval of sh •li he cuti tJ" lo two (2) nut ~ for each J y o f work. th "up rvili c o r dep artm.,nt rest period., no t Lo exceed Rest periods l>hall b e wtder head . OVI:.R l.-11:: llr1 .... o~.,r.!J by Lu is AgreL nt, X.C'-'Pl .. ., "'"~L.i.tl._ t.~.olow, ..t vv • tIe .... tgncd work s h dul st ... l b ~.o ons1dered nut t.c •»Wj>uled nor compensation allott d on previ owoly Ia I 1 'hL lll>bJ n ou (H ll l I'- """t Lin~c: :;h<~ll IH: co pensdted lor ov\!rtime f l } tillll!8 th norm pay r t or compens tory t· 1 ., uted l th rdte of on and on<!-h lf ( 1~) ..... l&'• ovc ttl e work t o any employee qualified " Analy~ot l< I the abo"c overt me sate tim oft for thes IU:W.ot;H l ;;; tllk.lnL l'l L/l'inance I • • • • • . ·. \[\[ .Lll' 1'.\ li ~ llllb lJUtiit i..OH S \..·lll Ot.. ~(·iUVCll-..~t... . .t lt ou..:-hUll tht! diift:rCtl\..e l.h ... L"-.w.CI\ ' f>l >'., 's a tu,.l cl as :>i d at ion and l!.at 1n ,.;hu:h he is acting as app rov d h 1 l ,. a,•p 1 nu ng auu •)rity tatne ly th .. Ci. ty t!.mu ~ L The et 1 oyee must be il tile f" 1 t 1 "" for ..; period L U.1rty ( 30) c nse utiv .. culcnoar d<1ys before Sdid c .piJV<C h c.>me'> eli 1Ll._, • aLUn;; po&ilion c mpen at •·· • •ch I' y will be r tt .,~ri e to the f1r:>t u Ldid Cll.>pl yce as~ullltla th .: l~bp._•nstbilill"" f the pus] t ion All n ,·1~ inLl ~'>"~ 1 •J Vl.Ul.d 1 t the e 1ploy •e will be consider ... d upoot the ... r.. ncrsa ·y .:lal£ aud :.hal .1ot be cun-.ideted automa tic , but rather, based upo n pc•rtunnan ... ~ Said mc•rJ t .crea"e lll..IY b granted or denied to any 1nd1vidual en,>loy e t>pon recorr.rTx.,u ... ll 1 of the d partrnent head and with the approval of Lhu City t1·u • .. g • up • .,n n •tlc.:e • > '>U C.h J.oJividual emp l oyee. The date in which the werit increase 1, a!Jproved ~;hal~ det«rmine the new merit anniversary date. .t fiCLt:. \11 • Ml to~ J'l O'i B. loll I l u. C: h.. t t,; ,a 1 v} t.l,;' .l u U, "nh Lll Lt • .., pay f·l'- ~lJ. Lltud •~ vi.· shall b.: paid dl onu uf the fo< the class in which ht: is employed. At l« :.l the .u11 !Ill • raLt: ot ay 01: " idss shall be pdld to .1n elllj)loyce run llis .:ro,>lvr""• nt with th(, City. ( I) ( J . ) han J •' •a 11vl w1Jct the cla.. 1t ted oervicc is •1-vi. "• th~ t.Jte uf p y vf thu inc..l.lll>llcnt m.ly b1. set 1 0 hi~ c rrent r l ' in th hr ~e ~•taDlt.hcd for 1" r«duc.tion 111 p.1y. fu Jlllll t~ut t<! tll csult when: 1;. vii •;:;v~;: wl.thoJul poy. The pro..\iuU;> an iv •rsory c o1 I us ted .... , o. nth for .., h twenty-t\o/0 (2 ) urll1ng d y~;, ul P.JY lh v twelv(! ( 12) 1!¥.111th period • h1 ··~luy ·nt and later 1& rc-c loyud. J Lc dec rmin d by hi w mploymcnt d.Jt~. l t1uL I he ·11•pluycc w.:titb an J.1 crc...,c, tht.: Ui..'LC<•W.l" the t.<.:W anniv r:lar dat<l • .:WuuJ H:pCCSCIH .. d by th I:Jl~l,;WW~ 1:. yeell !>hall r cei v a 9 . 5 per cnt i• Ct<l .UO 198 • "'" • ., ni!&Oti.-tJun • .H\ly !Jo~.:.._ upun w & r I, 1982. N ~:oti a cion~> &hull ·o •nc t..efm~: '"' b· r l, l bl. ttv n pollition11 I • • • • • AR'flCLJ<: lX. LUr.GEVITY COMPEI'<SA<lU• In addition to an e 1 i'""-, mo~ot 111) ... lary, the ~mployee shall IJ~ eligib lc for longevity compensation 'ld<>«d upon the number of ye<>LS u f con tinuous service with the City and shall b" ,._rived from the followi g sc.h~:du..le. Years of Service !l-4 5-9 10-14 15-19 20 or more ARTILI..E lhtl ll2) \m ~nt of Compensat~on None $12 per month 1 Jr ~144 per ye r, ex ept for tho~., employ.:cs who have not completed full years of continuous service on Dec rnber 1 of any year , which em~ loyees shall receive an amount equal to $12 for each full month of cvmpletcd continuous service after completion of 5 years of continuous s ervice up to December 1. ~24 per month fo r $288 per year , eJ'cept to t ose employees ho have not completed 11 full years of continuous s rvice on December 1 of any year, which er.•ployces shall receive $144 plus an a unt equal to $12 for each full mvnth of completed c tinuow. service aft r co mpletion of 10 y~drs of ~ontinuuu servi e up to Decembe r 1. $36 per month for :?4 J2 per yea , except for 1.hose mployeo;.s ho have not completed 16 ull y ears of continuous s rvi e on D cemb e r 1 of any y ar, which e .p loyee shall re ive $288 p lus an acount equal o $12 for each full 1'\onth of complet d conti uous service afte ·ompletion of 15 years of service up to December l. $ .. b per r.lVI t 1 l or ~5 76 per y~.: ', exc pl Cot l•O' ~ r pioy e who havu let d 21 lull yc1r~ of con tinu o<.o~> b rv~ eon Ot!<..emb"r 1 of 1y whi<;h e 1oye.: 10 h l Ll.! cive ~4)2 plub an aooou. t ;:qu 1 to $12 for ull C~cnth of complet d continuou bervice after c:o mpletion of 0 ,'t.:J.r ... of LOntinuou.. setvl~.:c up to Deccmbt.x l. PKOBA1IO ARY ~~'LOYL~ for l o f hir..,. o1Lwly oljlpOiUlO.:O A t t <.:Olllplt.:tlo rup c.yu i>hd l hi! c.w ... l " of th prvbilLloll<~t')l p r.i.od, RllCl t: Xl. i' Ot.Ol'W N~ • I . > I l L • tTdr,en n in ct. t.aree a v po~i.tion prcvi _. c l [0 \ • • • n Ll .-L·rv~ ·e upo bein~; p1 ~--~ed to v-~ c S~:>t<:n. ve pr:>bationa st.;.tu<> '-"> • " h ... ll h" ..ta pr,)rr.~ '· but shall retain permanent 1f c:at~vn a d may o :an 1 •r l o• b-returned to th.lt 1r ing the prob. tiol.a ve od at the di:;cretion of anall neith !l h • ., c.r co ut lh "/ the nut I • - • 1_:_ L t ,\.J.l n ... d 1 dV\: lnt m 1( r " !'fl. \ 1 1 I ~I Ill 'lll.ll : t't:.k. u .. t.l. ~ v~; • • • ~;I a 11 b~ L ,.;q;• , on .1 ~o•ork-day baslti cxcludiu~ ftC·• d.::;cr·iceot t ity, i. O!lH.nl'i<llt.:d for Lht.! lltllJ cJ •llalllkll 1 n•t1 rcult.-nL. tJ ui I· t t ,., u ve .Ia• '<.~r l J !, all "' pl.1yccs covcn.:J by :hi, A~;re .cnt hall I.Jc ut• l • hnur. ,,f 1•·n e~l lc<~ve time with pa.'f wtu..:h an ,•mploy•" i<• ,ntitltJ l • • I fc 11 .... 11. pu po L • , ·U l vr llim!Jt./J.n;urf to tl•• employee or th~ ciilplOycc's ..: t J i~.c. t. ! '".II ua.:d L '" 'IIi hour liY pul·ti cHI l I IL Lht: o·n-,tluycc 1 I lJ the bc!•lrulillg oi 1 or ... "•' oycct. bo;g imtl.n h~ LalcnJ<~r y~a , !l t.l.AI t. l) • !cu c lHl~ enUlOb c l t.su tc said to be pa! d the time bhall .jury tilll.:. J In_ ury or pcrfor ing I . - • • • . . • ILl,, c.:l; di:; ,bi.ll.ty J ~ b.t.lll , L .t<'' •J.n lativ"' e:<e·.ept that <><1 1 ;nuary 1 , < 1 .>r tlue Ci l~ shilll 1 toLe: 100'( .;1 th,; numbt.r oi days us~..:d by a.n o..:u:l'loyl!tl ''' bL p.C'ct!ccling yc~r "P t.:> a c.allimum ,,f 60 days. I ( ,1 Au ... cl i<'utlun ~ temporary disa:J ilit y leave ~ootth ay sh. ll ouly be 11r•· I ft:: tbl-' 11tst < t cf dl nb1lity. n. Au hori:u, tion 1 teo urJ'Y Ji&ability shall onl bl! gran. ht: ~ .. L ..... in te~sons: 1. P<:t.,ou.il t <t<.:oi" ot lllJ~•ry not s~:rvice connected, in-.ludl.n0 n.tcmlty • • 1 t; ..:' hca •., ~ Cl u.:d by p•~rmancn employe • · prior to January 1, l:ltO hall ve .. t .•ith th .. employee, .111d may be usl:!d in the follovi .nannt!t: eCip l 1 tl ' i .1. da;, w '""'• l.:d above, have bt.:eu osed, unlet>· tht: •nt tied f •1' retirement as a rtosult of dh 11. ty. B. ly ~a!.ohior 111 a l l 1d· uocd ~.ick h:J.ve a ccumu lated wt..!er tne ,Hevious p ll up n ,,,,rru;Jl rl!tilt-n.E.:nt 1 rum th~; City at Lht• rate of one hulll:<> pay f r eildt two bot. s of .tu ... ru~d bi ck l~..:avt! c c one J,o ,r .. pay for each four l <)llrS upun l!P rut ion f tum lh \.:itt. 1.. ll) dl< ung 111 u\.l "•d si~k leave· 1der th" prco~il.> & plan, once cad\ a at th co•vcrsltn r ate uf fou (4) h our s sic leav for re (1) h t I'~ , a 1 LO • . ol ccnv-rb ion ot more tl.an 400 hv ·rs e ch y~r. '"~"lU'II.ie 1 ; l ou:;chol d s tal 1 t 1 fy tht' th c, loyec 1 1i :.chcduleJ r.:;p o rting t i c. No · ~ranted to uo employ e to f .. il, to notlfy nn • g uf the c.op loyc ~:' wo k lid d .,, • I • { l • ill t I • o~cur • 1 ill~ i•1'l hl.r o• de nt. v~. • • - he e I • • • • • • . ) .:oll.-tng day •• mean the eo!pl Y<" , brothers and For Lh" , of this se~;tion, "employ .... ' •• spo""" , . 1 t ' c!1ildn,n, ~;tandd ildreu, , 1LB, crt; ,, t the < ntplvye<e o of the e~rp loy ' 's !'OUbt.!. rn y be grante ~~ c uepartment Head 1 f additional t ime off lb JURY l.llJTY l' ITNESS SE.KVICE < an np loyL ... fur set-vi•" on J u< y duty l wi cf.s n o edience to a subpoena o aut .ority. e d ffetcu<.t> b_t ·een hi o~Ln 111 d the witueEb. Whe ht' wit.lc:lu otion to hi& off cl.tl cai'acity a: l.Udlvid.-&1, r., :.o< annual le ve o• leave without Dn.YS • I • • • • • • d .1 •;>lvyce is reqt.J. 1 t n.1 on v auth rl zed to wear •l ur,Lfu 11, the employee sho.ll eui th(.o the de·>art=nt work o..tio The J.ty •.ri.1.l continue nri t·eplacemtonts The Cit' will provide ~Oi. of t :> l'n>Viue unlforJru<, cleanl ,,, t o. req ired 1ork tme t HeaJ apvrovc.l. u~ to a maximum o f $30 rer yc~ eACr->t with L employees &h all mainta n « pLe.;enta .._., '-'? eara; d! r t>po iblc for any dalll4&" to th ,don-• y lne eu.ploy ' dclil>•r • a 1 Cll XX L • illl H1L< K 1:: Ll bx:a~ will be ct-atl. U•!J >Y the ity oased upon the et un per nu.a.ber of e loyees covercJ l.. his UYE U r y be prov~ icd by tht: Cit:y fox: o.: _(l,vJ r ..,ach ~~ploy c. A conv•r&io pn.v cuvuro.;"' pa• bl y the empl ye ~o~ill bt.: ro,a.,. r tJ.cd" ,luy ... e. A TlC J<Xl l. ur;. Al I (.>l !\ANCI:: • 0 I • • • t ro 1 • • • •, p1ior to Janu .... I "' w l b proviucc! h..:alth 1.n.:n ..... c ~ l'ity :>n a nor-artii::lpa, •·· u.1 i~. fhe cove"& •.rill c ocl. ate }!.. c~irare ~ -v"x ~ppiico: le. ''.etines aft.. January 1, uao d cor.veroi< IJ ivilegeol' to the 'calth Insuranc Pl<m available City ill pay 50% of the c st ..:f .: v<:.rage of tl t conversion $5 er month. tiC.!. XlCV !tfT£ 'H!:.NT B !.FITS Tr.e n tir"men t b.ewdi .. fot: e •;.>lvyees cov rec! by this Agreeroent t .t. in ri tl V, C!,a•>tc , Re tiremc~t, of the Er.glewood Municipal .::oc, • Tn tlowiu.., • I on <:.5 &h 11 be J:~ade Jau ary 1, !980 • n. F01 r or sc• fir Jn, multiplied by th n • 75% of the llll::Dbers final average wonthly compl..ru>a- er of years of credited prior service. 1 r curre t rv1.ce; 1.54 o final verage UlOot.hly compensalio., .1tipl.1.ed ti as t e number of )'t!<lr of credited current servi ... e. LAY • tho..:r & la ... k of work, lack of fWld&, or under condl ioru. wher terli\Jned th l contino..~d work would be ine fic i nt or non-pro !uctive, • r"duct1ons tht umber of employe s, the apvointing a thon ty &ha l th potiH.o.w in which the layoff is to • made. Upon r u number of employees in the d ffec~ed J.p rtment a ccc 11 list or transferred by tht ppointlng rel l v~< length q~ ity of rvi 11hOWn h p u.: q 1 ic tionli LO pur he Th~ :cc~ll 1 st shall t~1 lfi AY) • I • • - t I • ( I , lt!dVC ' c!. r:nplo of ub~>t.m T •'IV Ill • • - uus•!ucc without pay !>lull be ~;ubiuJt~cJ 11 aritLH,, dc;.>artu~nl; head. The <>quest shall JnJ~catc the ei"IS requested and the ... pproxir.,ate l ngth of 1 · ... vn a 1 r.:utt ot dcHy 1edve rt-queut ~, t i L1 for~.,, wot·K luad anti tht! em;>loyt!ea rcqt.est 1 J 1 • II I LI. n I o rctur•t by t lC dlte ' ]., h v voluntari.y t ign~d from s d cl"i or di pute by an employe rning an all<'i' •d vl•)lati.on of a SP• pluvt'e ~;hall be required c fol ow Ll io 1, • e "m ( t ~alend&r da a CAClUbLVe u Sat u rda,s, ~ • d I • • • 1 ... •. re r c rvl'-B'ard . Ti'e n within thirty (3 ~~rty &hal l be respon f o F 1lure b • the itatian Jhal l co.~titu r t re:> n w I th.l n '" ,~ mext step. • • • sh ll be requested to l:>~uc o t t~.:s ti1110ny a nd a, gull:o.all. its O"Jn H!p r<:s e•l\.atives and cc ply .r1 th any tilllt.! cc. Should the employer ill automatically pro~ee d have no power to add to or u>J tr· 1 roJU or The w i ttcn decision of the Bo.ud shall b.: 11"" Carct:r Sen icc Be trd shall I ~~.g-t he tcrmc of th..... .;.)r ~~mcnt. t 11<1 an 1 I 1 ndi.ng u1. nn th r parties . tc tl.~ ;;ri t. nee s bn<ltte• whi ch has rnce urt: out lined. The Bo ~d ohall limit its decibion strictly beer properly process ed through the grievanc.: tnat .,;l odd the appeal l'rocedure as proVided unc ... r 13&::. ot 1 C'ity Ch~r r or a;>plh~.:iL•l Ci ty c 'f e is ut il i~·A, recourse Lo t he tteVdlH~e pi< cd ru J nclud .!d n thi Article shall b waived. Proces i ~ Gd. •;l ce uuring ""'orking~ Gr J.CV<ilH.es may be inv stig t •d and processed by the employe e or dcSJ.bnate d , J y e t~pL nte•ive durin~ working nours within r aso abl time lir~t withou t lo5 t pa· provided notice is gi en ad the work load permits. UUI"S DEDUCTI ·• un • • D I • • ( • • • D. Changes in the dues amou •. • t J Le deducted shall be limited o Lwo (2) c hanges each year, an d provided a ch .lHi (30) day written notice is proviJed the City Finance Director. E. Should the change in the deduction amount or method require a computer p rogramming change, tl.e Ass C>c iation shall be responsible for that cost of such c han ge or changes, at $30 per hour with a four (4) hours maximum. Payment from Lh Association shall ue made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXX . ASSOCIATLON ACTI VITtES The City agrees that du ring working hours on the City pr mises and without loss of pay, Association e presentatives may be allowed to: attend Association- nanagement meet ings; post Association notices; solicit Association memberships during employee 's non-work time; and represent employees on grievances and negotiations. ARTICLE XXXI. S ANDBY PAY All tmployees covered by Lhis Agreemen and assigned standby duty shall be compensat d at a rate equal to eigh t (8) hours at his/her regular rate of pay for one week of standby duty. ARTICLE XXXII. CALL BACK Any time an employee on off duty st tu w credited with a minimum of two (2) hour pay at the time their regular hourly rate. c lled back to work shall be at of one and one-half (1~ ARTICLE JWCIII. MAINl'ENANCE OF BENEFITS All wages, hours and other terms and conditions of employment granted to the employ es cov red by this Agreement, th Englewood City Chart r, or Municipal Cv de, shall continu ln full force and eff ct at the h ghest level of b nefits. In Wit t.:lTY or l of, the parties hav c us d this Agrement to b signed by r pres ntat ves, and their signatures place th re n, on thib ~~~----· 1981 at Englewood, Colorado, GLE.lo/000 EMPLOYEES ASSOCIATION ,;:;;;?-z;; __ 7 • I • • • • • • 7]) BY AUTHORITY ORDINANCE NO . SERIES OF 198'1 ____ _ COUNCIL BILL NO. 67 INTRODU BY COUNCIL A BILL FOR MEMBER U d .-l_, AN ORDINANCE APPROVING A COLLECT IVE BARGAIN ING AGREEMENT BY AND BETWEEN THE CITY OF ENGLE WOOD, COLORADO , AND THE ENGLEWO OD F IRE FIGHTER ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31 , 1983. WHEREAS , a tentative agreement dated July 14, 1981 by and between the City of Englewood and Englewood Fire Fighter Association has been executed by representatives of each of the parties; and WHEREAS, said tentative agreement was duly ratified by a majority of the members of Englewood Fire Fighter Association; and WHEREAS, Section 5 -10-lO{c), as amended, requires that the tentative agreement be approved by Ordinance duly passed by City Council. NO\'i, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sec ion 1. Tha he en ative agre men da ed July 14, 1981 by and --e--we n he City of Englewood, Colorado, and the englewood Fire Fight r Associa ion, effective January 1, 1982 through D cemb r 31, 1983, a copy of which is attached hereto and made a part her of, b and the same is hereby approved . ~~· That the Mayor of he City of Englewood, Colorado, is hereby au horjz d and direct d to e xe cute the collective b rgaining aqre m nt b ween he City of Englewood and Englewood Fire Fi ht r Associ tion dated July 14, 1981, and the Director of Fin nee, x o ficio Ci y Clerk-Treasurer, shall attes he sam ~~~· A copy of said Agreem nt is on file with th Dir ctor of Finane , ex officio Citv Cl rk-Treasurer, a summary of which is as follows: Th Fir Figh lS ti led Englewood en th City of Engl wood and Englewood consists of 15 typ written pag s nd ndum Of Un d rstanding Betwe n The City Of nql wood Fir Fighter Association." Dur tion from Janu ry 1, 1982 to nd including of th r m nt i D ccmber 31, 1983. Figh r A oci ion Th Agr m•n r coqniz s th Engl wood Fir n mploy e organization and defin s hos • I • • - • • • • persons included and those persons excluded from said Association. Employee rights are defined as well as hours of work, overtime work, term of probation, and promoti on s . Annual leave accumulation and use is provided f o r therein . Pe rson al leave accumulation and use is provided for therein. Personal leave, disability -temporary are provided for . On-the-job injury/disability is a lso provided for. Military leave, funeral leave, jury duty service and leave of absences without pay are dealt with in the contract. Unifo rm cleaning allowance, tuition refund, life insurance, dental insur- a nce and health insurance are provided for . Retirement benefits are as defined und er City Plan and State Statutes . Lay off pro- cedure is defined. P rocedure for settlement of disputes is pro- vided for. Dues deductions, rules and re gu la tions , bulletin boards for Association activity, shift e xchange, acting pay, automob~le allowance and exclusiveness of agreement protection are provided for in said Agreement . Compensation is provided for in said Agreement and is generally 8% for each of the years of the contract. The foregoing is only a summary of the Agreement and is not intended to modify , define or interpret any of the provi sions of said Agreeme nt, the Agreement being of full force and effect and adopted hereby. Introduced , r d in full, and passed on first reading on he 3rd day of August, 1981. Publish d as a Bill for an Ordinance on the 5th day of Au gust , 1981. Eugene L. Ot~s, Mayor Attest: x o~ surer I, Gary R. H~gb , t x off~c~o C~ty Clerk-Treasurer of th City o-Englewood, Colorado , h reby cer ify that the abov and foregoLnq is a ru , ccurd e and complete copy of a Bill for .n Ordin nee, in roduc d, r d ~n full, nd passed on firs t read- ing n h Jr d y of Augus , 1981. -2- I • • • • - MEMORANDUM OF UNDERSTAN DIN G BETWEEN TilE CITY OF ENGLEWOOD AND THE ENGLEWOOD FIR E FIG HTER ASSOCIATION This Agreement entered into by t he Ci ty of Englewood, Colorado an d th e Englewood Fire Fighter Association has as i ts purpose the promotion o f ha rmonious relations between the City of Englewood and its Employ e es, a f air and pea c e f ul procedure for the resolution of d ifferen c es; t h e establishment of rat e s o f pa y and hours of work a nd other conditions of employment. The City and the Association agree to cooperate in o rder to promote the highest degre e of emplo yee performance and productivity. This i ncl udes but is not limited to the fo l lowin ~ conservation of ma t erials, ma n power, and suppl ies; correction o f c o ndition s causing grievances and misun de rs tandi ngs ; enhancing the public i ma ge of t h is Department and the City; reduction of abse n teeism, tardiness, car e l essness; elimination of i mproper use of leaves of a bs ence; and i mproveme n t of quaH ty of workmans hip. Except where l imited by express provisio n s elsewhere in thib At;n:euJCnL nothinK in t his Agreement shall b e cons t rued to restrict, limi t o r impair the righ t s , powe rs and authority of the City as gran t ed t o i t wtder the lllWb of the Sta t e oi: Colorado and the City's Olarter and Muni cip al Co d • 'llle rights , p ow e r s , a nd a u thority include, but are not l imi t ed to, t he following: A . Th d termi n cion of Fire Departme nt poli cy includin g the ri~hL to mana ge the affairs o the Fire Dep a rtment in all respec ts. B. Th e r igh t t o as ign working hours , incl u d ing o vertime . C. Th right t o es tablish, modif y or change work schedules, ouanniu~ of d pparatus, aaount of a ppara tus in th main or reserve fleet, etc. L>. The right to di r c t t h members of th Fire Dep rt nt includinu Lhc rtght to hire, p r o1110t , tran sfer or discipline or discharge for caUiic, y fi r e f igh er within the Fire Oepdrtment. ll. bl to org•miz~; 111d reorgani z. i n cluding th size f i e t ion and r a nks b i z.acion of thu t 'ire Department including Lhc rlt;hL the Fi r Depart nt in any ma nn e r it chooses, FJ.r Dep rt nt and the determination of jol> d.JI..,.i- upo n duti ass ign d. F . 11u! d t rminat on of t he s f cy, h lth and property protection ur s or th Fir D p art nt. m G. Th allocat on and a a i nm nt of work to all fi r fighters w thin Lh Fin IJ<•P nm nt. II. Ot de t r11iru1t i t uo~ fight r of pol c.y aC ect na th ael ction or tr inin.: o • I • • • • • • Page 2 l. The scheduling of o perations and the de t e rmination of the number and duration of hours of assigned duty per week . J. The estab lishment, discontinuance, modification and enforcement o f Fire Departmen t rules , r egulation s , and orders. K. The transfer of wo rk f rom one position to another within the Fire Departme nt . L. The introduction of new, improved or different methods and t echniq ue s of opera t ion of the Fi r e De par tment or a change in existing methods and techniques. M. The pla cing of servi c e, maintenance or other work with outside contractors or other agencies of t he City. N. The dete rmination of the number of ranks and the number o f fire fighters within each rank. 0. The determination of the a mount of s upervision necessary. ARTICLE I. DURATION OF AGREEMENT A. This A&r ement shall take e ffect o n January 1, 1982 an d shall con t inue in force to and including December 31 , 1983 . B. This Agreem nt, or any part of it, ma y b e te rm i nated or renegotiaLcd at any time by mutual consent of both parties. C. If any art cle or section of this Ag re e~~~e n t should be held i uv Ud by operation of law or th 0 strict Court, or if compliance with or cn(occcmcnL of any Article or section should be r strained by such Distr ict Court, the remainder of th1.s Agreement shall not be affected thereoy and Lhis Agrcctoont shall remain in full force nd ff ct , and the parties shall promptly u •et .md confer for the purpose of att mpt ng to arrive at a mutually satisf ctory repl.Jc •nt for such rticl or ection. D. I1te purti s .1.;ree nd undur.,.tand that pruvi ions rul.Jt n~ tu utupiuyl'l.·• cov r d by this Age ment h 11 i n no way diloplace or modify preloi<::nt or uLun! t tutory ur ca e 1 w of th StuLe of Color do. E. that during negotiations which ret.u1l u ln lith. Agr 11 nt, right nd opportunity to make d.::monds and p ropotoiah i th reepe t to any su bj ct or matt r appropriate (or tnect und confer diacu sion d th t th und rt>tandinga~ and agree111cnts arrived aL by Lhu I' rue. a ft r thia exer 1 of th t ria t nd opportunity re et forth in thi A&rec~tunt. Al l ben fit d to in pr v oU{o or duma of Und ntandina 1d not ddrcllbc<l in thie A r ill c nt1nu • ARTI CLI:: 11. t:COC l'flO. Th City re..:o~~:~t th Fir .Fighter A.uoclation th u loy~:~: org n zat ion e rtifi d by t rvi Board oC the City or 'nal~~uod • I • • • • - Page 3 as Lhe exclusive representative f or the Fire Department e mployees within t he following bargaini ng unit: Included: All full-time classif ied employees of the City Fire Department including Fire Fighter , Dr iver-Operator-Engineer, and Lieutenant. Excluded : Su pervisors, Managers and confidential employees, Chief, existing Ca ptain posi t ions , Battali on Chief, all non-emergency, part-time, temporary, seasonal, and contractual e mployees, students and all employees hired throu~lo the use of Federal, State or other outside funding sources for special project~ or programs, and all others who may be determined by the Career Service lloard prio r to or during the life of this Agreement as provided under City Charter. ARTICLE III. EMPLOYEE RIGHTS A full-time classified employee covered by this Agreement shall have the ri&hL: A. To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in any employee organization or its lawful activities; and B. Bargain collectively through their certified employee representative . C. o employee shall be interferred with, restrained, coerced or dlscrl1u.ln..aLcd ag nst b e&use of the exercise of these rights nor s hal l the rlglot of ""' 1 ndividusl employee to discuss employment concerns with th e Cl ty be infr ln1:cJ upon. ARTICLE IV. HOURS OF WORK The Fir Department shall observ working hours necessary for Lhe efficient transaction of their respec tive services, such as have been determined for Fire Fight rs as follows: 1. Th work w 11 consist of an average of fifty-six (56) hourli each w ek for employ es assign d to shift work whi ch will be on a tw nty-!our (2 ) hour lternating b is and an average of forty (40) hours pet w ek for .l.oyees s ign d to non-shift work. othlng locrc 11 shall be COnbtru d s employees forty (40) hours or fifty-ix (5b) hours. ARTI CLE V. OVERTIME ORX hlft ork r s sh ~ll re iv overtim (56) • I • • • • • • Page t, from t he above provisions . An emergency is defined as a multi-alarm situation whe r e more than normal manning is required and must be called back by the Fire Chief . B. Overtime as defined above shall be compensated at a rate of time and a half . Discussions will continue on the subject of the assignment of overtime. If the two parties are able to reach agreement, the agreement will be implemented imme diately and become a par t of the contract. If the two parties are unable to rea ch agreement by May 1, 1982, the matter will be sent to the Career Service Board for a hearing and determination. ARTICLE VI. COMPENSATION A. Employeea covered by this Agreement shall receive an eight percent (84) wage increase effective January 1, 1982 and in addition shall have added to the 1982 base wage of each position, holiday and longevity compensation whicl1 together shall resu lt in the adjusted base wage schedule for 1982 as follows: Fir fi hL r (probationary) Firefighter 1 t Class Firefight r 2 nd Cl &s Firefigh ter 3rd Cl a Driv r/Cp rator/tn ine r Lieutenant $1 ,404 $1,590 $1 .720 $1,851 $2,019 $2,196 B. wage i n cr 1983 base wa result in th d by this Agreement shall receive an eight (8) p rccnt l, 1983 and in addition shall have added to th.., and holiday compenaation which together shall wag acll dule for 1983 as follow s: Fir r Fitef.L hter Firefighter Driver/0 e r ;&tor/l::n U nt ln uthoriz d y th In addit on to their r author1z J by th Fir r $1 ,5 0 $1,744 $1,886 $2,030 $2,214 $2,408 ba wage, shift invest.lgalors atislgm:d .1uJ r iv one hundred dollars ($100) per month. wage, qualified paramedics astiigned ~1d r c ive one hundred dollan ($100) flOt monlh. AR 'lCLE VII. P OBATIONARY EMPLOYEES Th probationary peri od for all newly appointed employe s shall not be 1 ss than tw lv (12) month from th date of hire. After ooll!plet.lon of the prob. t1on<1ry p r ah 11 b eligible for per~~~<m nt statu~> when authorized by th r • • I • • • • • Page ARTICLE VIII. PROHOTIONS A. A promoted employee covered by this Agreement shall serve a twelve (1 ) month probationary period i n the new position provided, however, that after having satisfactorily served in said new position for a period of at least six (6) months, the Fire Chief may recollllllend permanent status in the new position fo r the employee prior to the expiration of the twelve (12) month period. Should the Ci ty Manager approve permanent status for the employee prior to the expiration of the twelve (12) month probationary period, the employee shall be cons~de re d to have permanent status. B. ~1y permanent employee in the classified service upon being promoted to a new position in the Career Service System shall have probationary status as set out above in any position to which he was promoted, but shall retain permanent status in his prev i ous classification and may transfer back or be returned to that previous position at any time during the probationary period at th e disc retion of the City Manager and/or the employee. Should the City Hanager return the employee to his/her previous position, the employee shall be informed of the reasons for the return. ARTICLE IX. NUAL LEAVE A. Non-shift work employees shall be entitled to fifteen (15) day~ of annual leave each year. Annual leave shall accUIIIulate DDnthly at the ralt: of o ne and one-fourth (1~) days per mon th of active service. In order to qualify for annual leave credit during the month, the employee must have work ed at least on -half (l:i) of the working days of that month excluding authon.<:ed paid leave. Annual leave shall not be granted to any employee until he has been in the employ of the City for at least on year unles s otherwise auth orized by t he Chief . For those employ es having less than ten (10) years of continuous ervice, the ximu• accumulation of annual leave shall be thirty (30) days . Aft t en (10) year6 of continuous service, non-shift work employees shall be entitled to 1 hteen (18) days of annual leave each year. Annu al leave s hall a ccumula te t the r t e of one and on -half (11:!) days of annual leave per otont h of a tive ~ rv c • Said ximum accuaulation shall be forty (40) days. loy shall b entitled to seven d one-half (7 14 ) ach y ar . Annual 1 av for s id employees h vinr. lcs~ conunuous s •rvice bh ll a cuua.l.ac at the ro.~tu uf H. Shift work e shifts of annu 1 1 av Lh.Jn Len (I ) y ars ot fifteen (1~ h o ur for h month of c tive service and th maximum accwou- 15) shif ts. In or r to qualify for .1nnual lu.1vu the month, the mploy must have worked at least one-half (l,) lation bh cr dit duri n t t h l month e x luding uthori:wd paid lc..1v". hllur leu ont inu u eervice , shift work employees shall r cei v • nin • a11d &hi! ts o f 1 olV for och y a r. Annual le ve shall uccuu1Ul..1tu al n ( 19) hours of annu 1 l av per mo nth of ctlvc licrvl cc w Lh of nual 1 .1v •h ll be nineteen (19) aohiCtb. be authori% d nor con1putod ccWiulationa of • id leave hav b n roached. d 1 ftor the xilliUm hlll> be •n Cl.luchcJ, CCUIIIulotion ld • I • • • • • Page b The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shal l be taken at a time convenient to and approved by the Fire Chief. Annual Leave Pay The rate of annual leave pay shall be the employees regular straight time hourly rate of pay for the employees regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified and authorized by the Fire Chief. Employees may receive their annual leave pay, provided the employee makes a written request to their supervisor and approved by the Fire Chief fifteen (15) calendar days prior to the start of their annual leave. Minimum Usage The re shall be a one (1) shift minimum use of annual leave time for shift worker, and five (5) consecutive work days for non-shift workers unless otherwi~c authorized by the Chief. Annual Leave P y Upon Separation Any employee who is separated from the service of the City, i.e. retireuacnl, ternunation or layoff, s hall be compensated for the unused annual leuvc time accumulated at the time of separation. How Cha rged Annual leave for non-shift work employees shall be charged on a work duy basis excluding regular days off. Annu 1 leave for hift work employ s shall be charged on a twenty-four (24) hour basis xcluding regular days off. ARTlCLE X. PERSONAL L~VE Effective January 1, 1982, all shift wol'k ploye s covered by Lhllli l'e ment shall be granted ninety-six (96) hours of personal l ave wllh puy which an ployee is entitl d to use for the following purpose~: A. Ti lo t as a result of illn sa/injury to the employee or thu etllployuu'a. imm diate family. B. Attend p ronal budnua. c. L i•ur ti111. For any ploy e who h not used th ni ty-aix (96) hours of p rson l louv ndina Dec llber 31, of each y r or any portion thereof, t City wlll 11a!d employ e for th unua ti t th IQI)loyee' r aul r wu~; raw th fir t p y period in January ch aucc:o din y ar. P rsoMl 1 av sh 11 not xc d ninety-six (96) hours nor shall it bu ac ~uluLcd ur • I • • • • car ried over from one year to the next . In the event of illness/i njury in which personal !~ea v e is r eq uested , the empl oyees shall notify their supe rvisor at lcasL one (1) hour p r ior t o t h eir sched u led reporting time. One personal leave day shall be guaranteed p er shif t. ARTICLl XI. DISAB ILITY -TEMPORARY (NON JOB RELATED) Definition Tem porary disability is leave &ranted for non-service connected injury or illne ss o f an e mployee which disability pr~vents the employee from performing his/he r du ties as a City employee. Provision J anuary 1, 1982, the City agrees to provide temporary disability leave with pay for emp l oye e's absent as a result of illness/injury at the rate of 100% of of the e mployee's regular wage up to 120 calendar d&ys/40 shifts. T~mporary disabili t y l eave shall not be accumulative except that on January of each year the Ci t y sha ll restore 100% of the number of days/shifts used by a n employe du r ing the p r eceeding year up to a maximum of 60 days or 20 shifts. Utilization A. Authorization fo r temporary disability leave with pay shall only be granted after the first shif t/day of disability. B. Auth ori zation fo r temporary disability shall only be grante d f o r the following r asons: 1. lllne or inj ury o f the employee not service conncc Lc d, inc lud1uu m temity . SiLk ave Option w llh 1 av a cn~ed by eiJIIlloye a prior to J nu ry 1 , 1980 11hali vu11L nd y b used in th !ollowin anner: A. Aft< r tlu; 1~0 d y.. .. d liCribud bovc, have been ulied, unlcbt. Lh u ~mp1oye is ntitl J for retir m nt as a result of disability. B. By c pl n upon I oc • ch two ur on hour c. year hoot ick vious ll y 1 av und r t he previo ua pl , on e G ch four (4) houri sick leav for on (1) ion of 110n than 400 hour& e ch year. f th ~loy o u 30 a inute prior to the • ld hall n ti y thu iiploy '11 tlcll<.uJul d I • - • • • • • Page 8 reporting time. No temporary disability leave will be granted to an employee who f ails to n o tify their supe rvisor prior to the beginning of the employee's wo rk schedule. Verification of Disability An attending physician's s tatement will not be necessary until after one (1) shift of disability , e xcept when required by the Fire Chief. If the Chief requi r es the employee to see a physician, the City will pay the cost of such examination and/or office visit. Abuse of Tem porary Disab ility Abus of temporary dis ability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disabili ty leave f or unauthorized purposes. An employee wh o make s a false claim for temporary disability leave shall be subject to disciplinary action o r dismissal. ARTICLE XII. ON-TH5-JO B INJURY -DISABILITY A. For a ny on-the-j ob il\lury which causes any employee to be abscnL fro111 work as a result of such injury, the City shall pay to such employee his full wa 1:ctl f rom the firs t day of his absence from work up to and including the 90th calendal· day of such absenc e, less whatever sums received by the e mployee as disability benefits under workmen's compensation. The City reserves the right to require any emp loyee on injury or disability leave to submit to an examination(s) by City- appointed phys i cian(s) at the City's expense or under the provision of workmen's comp e n s ation or the retirement/pension provision as provided under State StatuLe. B. All injuries that occur during working hours shall b e reported Lo the e mployee's s upervisor within 24 hours of the injury or before the em(lloycc leaves their dep rtment of employment unless circumstances beyond tht: control of the employee would not p rmit. ARTICLE Xlll. MILITARY LEAVE A. Any perman nt or probationary employee who enlists or is inducLed inLu th mili l ry, n v 1, air or oth r rmed serviceli of the United Stotea. l n L!u~~.: of w r sh 11 b • entitled to le ve of bsence without pay for the duraLluu o! :.udt w r o r u ntll honor bly discharged, whichever occurs first, and for one (1) ycur th r tt r. mcmb r of the National Guard or any oL11cr the ali L.1 t ry forces of th Stat , nor or honeafter orcani :tu d or Stat or fe dar 1 1-, or who shall be a molllbor oC tho reucrve a, now o r hereaft r org.anized or constituted undur f •J JecuJ 1 ve of aba nee fro• hie emplo)'ll8nt without los~ of pu;. ncy ratio , v c tion , sick leav or other ueneCillll Cor ed vith such orpnization or component in trnininu uthori d by proper authority pursuant to lnw, wholhcr ding fifteen (15) dnys in -'~'Y calcud..u" n th requir d military crvi cc Lw U be pr auaed unl11 .. w th conLrary iu ••tHal>Ht.hu.l • • I • • - ' • • • • • l'age 9 C. Such leave shall not be allowed unless the employee r eturns to his public p u:;i Lion inunediaLely upon being relieved from such military service and no t laLcr than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to his own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A, B and C above, the City shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the military for such service. ARTICLE XIV. FUNERAL LEAVE Th e appointing authority may &rant leave with pay to an employee to attend the funer al of a member of the e~loyee 1 s family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) calendar days. For the purposes of this section, "employee's family" shall IH&n the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City . ARTICLE XV. JURY DUTY AND WITNESS SERVICE Leave may be granted to an eaployee for serving on j ury duty or as a wl.Lneuu in his official capacity in obe dience t o a subpoena or direction by legal authodly. He shall be entitled to the difference between his regular compensation wtd the fees received for jury duty or as a witness. When he is subpoenaed as a wl.tnet>S in private litigation to testify, not in his official capacity but at> w1 individual., the time absent by reasons thereof shall be taken as annual leave or leave wl.LhouL pay. ARTICLE XVI. UNIFO RM CLEANING ALLOWANCE If an employe is requir d to wear uniform, the employee shall we .. r Lhe uniform only aa authorized by the depart~~ent worlc. rulea. All employees shnll maintain a pre entable ppe ranee while on duty. The employee is rus110uslblc for any d to the unifora by negligence or deliberate act. lh Cily will be responsible for provi ding and cleaning of said uniforma. Tho Ci Ly will 1•ruvi.Jc 50% of th coat of 11 f ty ho s up to $30.00 p r year. ARTI CLE XVII . TUITIO REFUMD Upon r com ndation of the fire Chief and after prior approval of lhc City Manager, th City of En&l wood may rsimburae a penunant, full-tima 11iro Fighl r upon successful comple tion of an approved course or courses in c.Jucation or vocational training. Tha couraa or trainina must be related to tho work ~1d b d sign d to improv cOI!lp tenca in th job. and be of value to the l-'1ro l'i~,;hLuL·'u a rvice to th~ City. Thia sha ll include all tuition, and required tuxlw • • I • • • • • • • Page 10 ARTICLE XVIII. LIFE INSURANCE Term Life Insurance will be provided by the City for employees covered by this Agreement of $20,000 for each employee. Upon retirement the employee may convert the life insurance amount that is in effect at the time of retire- ment up to $20,000 if the employee has not reached age 65. Prom age 65 to age 7 0, the conversion privilege will be reduced by 40%. The maxilllllm conversion privilege would then be $12,000. ARTICLE XIX. DENTAL INSURANCE During the life of this Agreement, the City shall pay 100% of the premium cos t for the Ci t:y Dental Insurance Plan or other plan which lllllY be selected by the City as a substitute for the City Dental Plan for each single and dependent policy holder. Employees shall assume any premium rate increase during the life of this Agreement in excess of 10% of the 1981 single and dependent premium rates. A. Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article i~ a non-grievable item under this Agreeaent.) ARTICLE XX. HEALTH INSURANCE -EHPLOYEF.S/RETIIlEES A. During the life of the Agreement, the City shall pay 100% of the preualuou cost for the City Health Insurance Plan or other plan which may be selected by the City as a substitute for the City Health Plan for each single und <.klpendenl policy hold r. Employ es shall assume any premiwa rate increase durin& the lHe of this Agreement in excess of 10% of the 1981 single and depenoont pceruluoa rale~. B. Any dispute concerning the interpretation or application of benefil11 provided under the Health Insurance Plan shall be subject to the dhipulc ceuoluliuu proc dure only. (It i s expressly understood thAt this Article is a non-ur!cvaiJ!c item und r this Agreem nt.) C . Future r tirees will be guaranteed converaion privJ.lc~:cw to lhu lluuJ.lh Insuran e Pl n vailable through th City. The City will pay 50;( of Lhe ~o:ut.L u( coverage of the con v ~rsion plan up to a maximum of $50 per month. ARTICU: XXl. RETIREMENT BENEFITS R tirem nt benefi ts and contribution levels will continuu aw provided unucc CiLy Plan nd St t Statut • ARTICLE XXII. LAYOFF r d n on th re a lack. of work, lack. of funds, or oth r lllg ti-tc r aouu red u ctions in th number of employe.a, the appointing uthority shall po i tio011 in which tha layoff is to be ud • Upon ~o~uch <kll r .. l- uired number of e.ployeea in the affected poaition hall b plo ud erred by tha appointin& authority, a uch n ur!Ju c u • I • • - • • • • • Page 11 his relative length and quality of service as shown by the personnel records. Em ployee s on layoff shall be recalled in the order of seniority provided that those recalled have the demon strated ability and same qualifications to perform the available work as determine d by the City. Any employee in a higher rank, if laid off, may transfer to t he pravioua lower rank provided the employee had permanent status in the lower rank. The layoff list shall terminate after one (1) year . ARTICLE XXIII . LEAVE OF ABSENCE (WintOUT PAY) Elig i bility Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City. settlement of an estate, child care, serioua illness of a .. aber of the employee's family, but shall not be used for the purpose of obtainin& e~loyment els-here. Leave without pay shall not exceed six (6) .onths of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available or to a position ca.parable for which the employee is qualified. During periods of unpaid leave. employees shall not continue to accrue service credit or be eligible for any City benefits. I Applic ation for Leave • A r eque st for a leave of absence without pay ahall be sublllittcd in wrl.tin~ uy the e mployee t o the Fire Chief. The request shall indicate the reason the leave of absence is being requested and the approximAte length of leave time requested. Co nsi de ration of L ave Request The Fire Ch ief may grant or deny leave requests. taking into consideration t he dep ar t men t 's work force, work load and the employee'a request. Failur e to Rti t urn Unle s unua u 1 ci r c1.1111atances x.ist, an employee who fails to r tum by Lhe dat of leave expiration s hall be considere d to hav voluntarily rea~l &ne t.l Crv • the erv c of th City. ARTICLE XXIV. SETTLfliENT OF DISPUTES th!ao th A an all nd th d viol tion oC a apeciCl c t>r o v a.!un v Aa s ociation sh 11 be r qu!r d Lo oliow t ari v ce or diaput orally w1d rviaor vithin five vorlt cla oC Lh , or th e..ploy '• k.nowl oC l t, Lh ()) vork d y file • vritt n ar t v 0 • I • • -• • • Page 12 '~i th h is/her supervisor. The supervisor shall attempt to adjust the matter and shall r es pond i n writing to the employee within five (5) work days. I f the answer is not satisfactory, the matter shall be presented in writing by the employee to the Fire Chief within five (5) work days following receipt of the Fire Chief's response. The Fire Chief shall respond in writing to the e mployee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the Fire Chief. The City Manager or his/her designated representative shall respond in writing within ten (10) work days. If the grievance is still unsettled the Association, within ten (10) work days after receipt of the answer by the City Manager or his/her designated representative , may by written notice request the matter be heard by the Career Service Board. The Career Service Board or ita designated hearing offlccr shall be requested to issue a decision within thirty (30) days after conclusion • '>f testimony and argument. Each party shall be reaponaible for coapensation to its own representativ• and witnesses. If either party deaire111 ll verbatim record of the proceedings, it -y cause such a record to be aade, provided it pay~o~ for the record and makes copies available without charge to the oLher pllrty and to the Career Service Board or ita designated hearing officer. Failure by an employee to comply with any ti-lilllitation shall constitute a setLlcoucnt of the grievance. Should the employer not respond within the prescribed tiNe, the g rievance will automatically proceed to the next step. Authority o f Career Service Board Th e Ca ree r Service Board or its designated hearing officer 11hull have nu utho rity to add to o r subtract from or change the terms of this Agreement. '!lu) writte n decision o f the Board or its designated hearing officer shall b e fl nal and binding upon the p artie • The Board or ita designated hearing officer s hall 1 imi t ita de cia ion s t ric tly to the grie vance submitto:cJ which hw. been prupurly proc s sed through th g r i ev nee proc dure outlined. Grievance Option It is g r eed t h a t s hould the appeal procedure as provided undur 131:1: '' of t he City Ch a rter o r a p pli c able ordinance provisiona is utiliz d, recourse to Lh c griev nc proc dure i n c lud d in this Article shall be waived. P roce&sin g Criev nee Du ring Working Hours Grievances m y b i nv s tig ted and proc ued by th ~~ploycc durlnu workl.n1 : hours within r a s on b l time limits without loaa of p y provid 11 not .leu is ul.v~.:u n d the wo rk l o a d permits. The e-rloyee ahall be allowed to attend hearinga whil on du ty • • I • • • • • • • • • Page 13 ARTICLE XXV . DUES DEDUCTION A. The City agrees to deduct the Association dues once each month from the pay o f thos e employees who individually request in writing that such deductions be ma de, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the s u c cee ding month, after such deductions are made. The authorization shall be revokable during the term of the Agreement, upon a thirty-day written notice b y t he employee to the City Finance Director. B. Deduction shall be made from only one payment of wages each month, exce p t that if not wages are paid an authorized .-ployee on the last payday of a given 1110nth, deduction for that .onth will be •de from any wages which may be paid to him/her on the next succeeding final monthly City payday. It is expressly understood that the City aas1111e11 no liability and shall not be liable for the collection or payaaant to the Association of any dues during any time that an employee is not actually workin& for the City and actually on the payroll of the City. In the e vent of error on the checkoff list, the City will not be r e sponsible to make adjuat~~enta, until notified by the Treasurer of the A.s!io c latlun. C. The Association shall indemnify and hold the City harmless uua.Ln!i t uuy an d al l claims , suits, orders, or judg~Ents brought or issued aguln~>t the CJ.ty w; a res ult of any action taken or not taken by the City under the provilil.on of Lh.L :; Article. 0. Ch anges i n the dues amount to be deducted shall be limited to tw o (2 ) change s each ye ar, a nd provided a thirty (30) day written notice is prov.Luc d Lhu City Fina nce Di re c to r . E . Should the c han&e in the deduction a.ount or -tbod requlru a culllj>UL I.!L" progru.ing c h&n&e , the Association shall be responaible for that cost o f suc h change or changes , a t $30 per hour with a four (4) hours ~imum. PaylliCnt fro111 the Association shall b e made to t he City Finance Director within ten (lO) <.l u y :; of receipt of billing • ARTICLE XXVI. RULES AND REGULATI ONS Except as limited by the e xpress terms of t his Agre-ent , t h e City rcta.l&\:1 the right to promulgate reasonab le r ules , regula tions , pol icicli , pro cc uu ro uu<.l directive • Said rul s, regulation s , po licies , procedures and d.Lrect.LVI.!I> which are an alleged violation o f t h is Agre ement shall b e subject to Lhl.! ut .li.!V.J II O.:I.! procedur . ARTICLE XVII. BULLETIN BOA.llDS Th City greea to provid e a pace i n the fire station for union bulletin boards which 11h ll be properly ma i ntained by the union and used f or t he followlng notices: l. 2. 3. Union m tinga. Union elections. Reporta of union c a.ait teea • • I • • ' • • • • Page 14 4 . Rulin gs or p oli cies of the inte rnational union. 5 . Recre ati onal or social affairs of the union. The union agrees that there shall be no other general distribution or posti ng by the un ion or employees upon City property provided, however, the Chief may permit o ther material not provided for above at his diacretion to be posted or distribute d. Th e ma terial posted shall not contain anything reflecting deroga- tori ly up on the City, any of its employees, or any other organization o f City e mpl oyees . ARTICLE XXV III. ASSOCIATION ACTIVITY Th e Ci ty agrees that during worlr.ina hours on the City premises and without loss of pay , Association members -y be allowed to: attend Association ood/or ma nagement meetings, post Association notices, solicit Association membership du r ing employee's non-work tt.e, and represent e~loyees on grievances, provided advance n otice is given to the Chief and the work load permits. ARTICLE XXIX. SHI FT EXCHANGE Employees ma y be p ermitted to secure another Fire Fighter o f equal r a nk ~l d qualifications to s ubstitute for them subject to approval of their ll up e rv lt>o t·. The em p loye e subs tituting shall be responsible to work the scheduled shift and any abs e n ce s hal l be c harged against that employee. Any request for subs l itulcb shall b e signed by b o th Fire Fighters and approval of the supervi sor t>h all nl ,;u be in writin g. ART I CLE XXX. SUPPLIES The City will provide s upp l ies n ecessary for the normal operat i on of the Department. ARTICLE XXX I. ACTIN G PAY All actina posi tiona will be compensated at full pay. The e mplo ye e mu ll l b in the position for aev n (7) c onsecutive shifts before a aid employe e b ec om es eligible for acting position c omp nsation. Such pay will be retroacLive Lo Lh c first day said mployee assumes the r sponsibilities of the position. ARTICLE XXXII. AUTOMOBI LE ALLOWAMCE A Fir<' Fight who is s pe cifically authorized b y ths Chief to operutc hill personally-own d autoaaobi l e in cond uct of City b uaineas sha ll be paic.l Ln all.l.u.tue Ln ccord nee with th Ci ty's vehicl •1leage poli cy . ARTiCLE XXXIII. X LUS IVENESS OF AGREEMENT Th c ty and the Association aarse th t the teru and provision"' h e r •in contain d consti tute t he entire Ag rs nt between tho parties ancJ aupurcuc.l u ull I • - • • • • • • Page 15 previ ous communications, representations or agreements, either verbal or written , betwe en the parties with respect to the subject matter herein. The City and the Asso c iation agree that all negotiable items have been discuaaed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item during the life of this Agreement except by mutual agreement of the parties. In Witness Whereof, the parties have caused this Agreement to be th c i ~re sp ecti v e rFpresentatives, and their signatureao place thereon, ~day of JV/'1 , 1981 at Englewood, Colorado. signed by on th.i~; CITY OF ENGLEWOOD ENGLEWOOD FIRE FIGHTERS ASSOCIATION ' #z-<t M/.MI • I . • ORDINANCE NO .~--- SERIES OF 1981 • • .. BY AUTHORITY A BILL FOR COUNCIL BILL NO. 68 INTRODUC~~UNCIL MEMBER.~;~~~/(~~~~----- AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1982 THROUGH DECEMBER 31, 1983, APPROVING AN ADDE NDUM TO THE 1980-81 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION. WHEREAS, a tenative agreement dated July 13, 1981 by and between the City of Eng lewood and the Englewood Police Benefit Association has been executed by representatives of each of said parties and Addendum to the 1980-1981 Contract Between the City of Engl e woo d and the Englewood Pol ice Benefit Association date d July 13, 1 981 has al so been e x ec ute d by representatives of each of said parties; and WHEREAS, said tenativ e ag r eeme nt was duly ratified b y a majority of th members of the Englewood Police Benef it Association and said Addendum was duly ratified by a majority of the members of the Engle wo od Police Ben efi t Association; and WHEREAS, Section 5-10 -lO (c), as amended, r equires that the tentative agreem nt and addendum be approve d by Ord i nance duly passed by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Sec ion 1. That the tentative agreemen t dated July 13, 1981 and addendeum dated July 13, 1981 by and between the City of Englewood, Colorado, and Englewood Police Benefit Association, ef ec ive J nu ry 1, 1982 through December 31, 1983, a copy of which is ch d h reto and made a part hereof, be and the sam is hereby pprov d . Section 2. That th Mayor of th City of Englewood is hereby authorized nd directed to execut the collective bargaining greement and dd ndum between th City of Englewood and Engl wood Police Benefit Associ tion dated July 13 , 1981, and nc , ex officio City Clerk-Treasurer, shall he Ci y of Englewood nd tion d d July 13, 1981 • I • • { • • • • The agreement between the City of Englewood and the Englewood Police Be nefit Association consi sts of 19 typewritten pages and is titled "Contract Between The City Of Englewood And The Englewood Police Benefit Association." Duration of the Agreement is from January 1, 1982 to and incl uding December 31, 1983. The Agreement recognizes the Englewood Police Benefit Association and d efines those employees included and excluded therefrom. Employee rights are defined, hours of work, lay-off procedure, overtime work , callback procedures, standby time, p robationary period, pe rsona l leave provisions, disability/temporary procedure is established, on-the-job injury/disability procedure is established, leave of absence procedure, grievance procedure, dues deduction, association activity, authority of City to establish rules and regulations, merit increases , responsibility to testify, acting pay, base salary, retirement benefits, tuition refund, bidding procedure for holidays, vacation and shift assignment, l etter of warning, and the exclusive of agreement protection is provided for in the Agreement. Longevity compensation, promotion, annual leave, personal leave, life insur- ance, dental ins urance , health insurance , and holidays are provided for in the Agreement. Compensation is provided for at the rate of 10% effective Jan uary 1, 1982. The provision for 8 % in 1983 is p~ovided for; however, if nec essar y , a wage adjustment in the excess of 8% shall be made for 1983 based upon a wage survey of certain municipalities and the increase of wages in said communities. The foregoing is only a s ummary of said Ag~eement and do es not intend to interpret, replace or substitute for the provisions in the Agree- ment, said Agreement b eing adopted in full by this Ordinance. Section 4. That the Mayor of the City of Englewood is hereby uthor1zed and directed to execute an addendum to the 1980-1981 contract betwe n the City of Englewcod and the Englewood Police Benefit Association dated the 13th day of July, 1981 and the Director of Finance, ex officio City Cle rk-Treasurer , shall attest the same. Section 5. That h ddendum o th 1980-1981 contract b tween the C1ty of Engl wood nd Englewood Police Benefit Association generally providec for an incr se in present wages of police officers, first, second, third, and fourth class , as well as n increase in s rg n s p y of 6\ f ec ive July 1, 1981. The fore- going is intended only o be summary and is not for th purpose of 1n erpr 1ng, r pl c1ng or subs i uting for the provisions of s id Agr em n , s 1d ddend~ b ing fully dopt d h ereby . Introduc d, r din full, nd p ss don first re ding on th 3rd d y of Augu , 1981. -2- • I • • • • • • Published as a Bi ll for an Ordinance on the 5th day of August, 1981. Eugene L. Ot~s, Mayor Attest: ex off~c~o 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, r ead in full, and passed on first read- ing on the 3rd day of August, 1981 . Gary R. H~gbee -3- • I . • • • . . • CONTRACT BETWEEN THE CITY OF ENGLEWOOD ,/'. •, AND 'lllE ENGLEWOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the City of Englewood, Colorado and the Englewood Police Bene fi t Association has as ita purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; A. Determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of City operations. c. To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D. To determin the overall methods, processes, means, job classifica- tions or pers onnel by which City operations are to be conducted. ~. To d~rect, supervise , hire, promote , transfer, assign, schedule , retain or lay-off employees. F. To suspend, discipline, discharge, and demote for cause, all full- tim permanent classified employees. C. To reliev employees from duties because of lack of work or funds, or under conditions whe r the City det~rmines continued work would be inefficien t or nonproductive. H. To take whatever other actions may be necess ry to carry out the wishe of th public not otherwise specified herein or limited by a coll ctive bargaining agreement. I. c To t k ea of a ny and all actions to carry out the mission of the City in rgency. J. Nothing contain d herein shall preclude the City from conferring with ita employ a for purpose of developing policies to effectuate or imp lean nt <.~ny of th bov r t d righta • • I • • - • • • • • Page 2 ARTICLE I. DURATION OF AGREEMENT A. This Contract shall take effect on January l, 1982 and shall continue in force to and including De ce mber 31, 1983. B. This Contract, or any part of it, may be terminated or renegotiated at any t ime by mutual consent of both parties. C. If any article or s ection of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remai nder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this Contract shall in no way displace or modify present or future statutory or case law of the State of Colorado . E. The parties acknowledg that during negotiations which resulted in this Contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meet and confer discussions and that the understandings and agree.ents arrived at by the parties after this exercise of that right and opportunity are set forth in this Contract. All benefits agreed to in previous HemorandUIIIS of Understanding and not addressed in this Contract will continue. ARTICLE II. RECOGNITION The City recognizes the Englewood Police Benefit Association as the employee organization certified by the Car er Service Board of the City of Englewood as the exclusive representativ for th Police employees within the following b argaining unit: Included: All full-tim , cl s ifi d employ es of the City Police Depart nt. ~xcluded: All other who may be determined by the Career Servic Board prior to or during the life of thi Contract as provided under the City Charter. ARTICLE III. EMPLOYEE RIGHTS A full-ti classified mploy who is not a confidential mploy e, a mana rial employ , or a s up rvi&or ahall have th right: A. To form, join, support or participate in, or to refrain from forming, joining, supporting , or participating in any employ organization or ita 1 w(ul activiti ~; and B. Barg in coll ctiv ly through th ir c rtif d loy repr ntativ • • I • • - • • • • Page 3 C. No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an i ndivi dual employee to discuss employment concerns with the City be infringed upon. ARTICLE IV. HOURS OF WORK Th e Police Department shall observe office and work ing hours necessary for the efficient transaction of their respective services. Such have been determined for emergency employees as follows: A. All employees covered by this Contract shall be scheduled at least an average of forty (40) hours work per week in seven (7) day cycles. The work week shall consist of five (5) eight (8) hour shifts, four (4) ten (10) hour shifts, or other work schedules as determined by the Police Chief with approval of the City Manager. Lunch and other breaks will be scheduled at the discretion of the Police Chief during the work schedule. ARTICLE V. LAYOFF When e ver there is lack of work, lack of funds, or under co nditions where the City determines continued work would be inefficient or nonproductive, the appointing authority shall designate the positions in which the layoff is to b e made. Empl oyees on layoff shall be recalled in the order of relative length of service. Those recalled must have the demonstrated ability and same qualifi- cations to perform the available work as determined by the City. Any employee i n a higher rank i f laid off may transfer to his previous lower rank provided the employee had permanent status in the lower rank. Any employee so transferred shall have the first right of refusal to the former high r level position that the employee had held. The recall list shall terminate after eighteen (18) months. ARTICLE VI. OVERTIME WORK A. For 11 employ s covered by this Contract except Sergeants , duties performed ov r and above the as igncd work sched ule shall be considered overtime. Overtime shall not b compute d nor compensa tion pay allotted on previously accrued ov~rtime. Sergeants shall rcc ive overtime only for court, staff and administrative meetings when required b y a superior and assigned training. B. All personn 1, as defined in this Articl , shall be compensated for overtim• work at the rate of one and one-half (1~ times the normal pay rate. C. Th City r tains the right to assign overtime work to any employee qualified to p rform the work. Overtime work will be offer d on a voluntary h sis fir t. If the r quired numb r of employees n c s ry to perform the overtime work can not be found, employ ea shall be assigned and obligated to work such ov rtima • • I • • ( • • • • ARTICLE VII. COMPENSATION A. Effec tive January 1, 1982, employees covered by this Contract shall receive a ten (10) percent wage increase on their base wage. B. Employees covered by this Contract shall receive an eight (8) percent wage incre ase on their base wage effective January 1, 1983. In ad dition, if necessary, a wage adjustment in excess of the eight (8) percent wage increase will be made. This wage adjustment will be based upon a wage survey of the position of Police Officer lat Class or equivalent in the following cities: Aurora Arvada Denver Lakewood Littleton Northglen Thornton Wheat Ridge The base wage for Police Officer 1st Class or equivalent in each of the above cities as of January 1, 1982 and January 1, 1983 will be determined. The percentage increase between January 1, 1982 and January 1, 1983 will then be computed for each City. These percentage increases will then be added together and divided by eight (8), resulting in the average increase for all of the above. If this average increase exceeds eight (8) percent, the amount in excess of eight (8) percent shall be added to the 1983 base wage. If the average increase is eight (8) percent or less, no adjustment over the eight (8) percent base wage shall be made. ARTICLE VIII. CALL DACK An employee on off-duty status who is called back to duty shall be credited with a minimum of two (2) hours of pay at the rate of one and one-half (1~) times the regular hourly rate. Call back shall include other duty related functiona such as at ff and administrative mec:tiugs , training, pistol rangd, monthly qualifications, etc. ARTICLE !X. STANDBY An mploye a3signed to standby duty shall be credited with eight (8) traight tim hours of pay for each full week of standby duty. ARTICLE X. LONGEVITY COMPENSATION !n addl. tion to n mployeea monthly salary, the crnploya shall b Gligibla for lon evity cornpens tion baaed upon the number of y ara of continuous service with th City and shall be darivdd from the following schedule • • I • • c • • • • Page 5 Years of Se rvice Amount of Compensation 0-4 None 5-9 $12 per month for $144 per year, except for those employees who have not completed 6 f ull years of continuous service on December 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December 1. 10-14 $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive $144 plus an amount equal to $12 for each full month of completed continuous service after completion of 10 years of continuous service up to December l. 15-19 $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 y e ars of service up to December 1. 20 or mo r e $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for e ach full month of completed continuous service after completion of 20 years of continuous service up to December 1. ARTICLE XI. P ROB ATIO NARY EMPLOYEES The probotiona r y period for 11 newly appointe d Poli ce empl oy e e s shall not b less th n tw elve (12 ) months f rom the da t e of hire . After completion of the probation ry period, t he emp loyee shall b e e lig i b le f or permanent status. ARTICLE XII. PROMOTIONS A. A Fromoted employ e co ve r d by this Contract shall serv a twelv (12) month p r obationary p riod in a new position. After completion of s ix (6) months in the n w po ition, t h Chie f at his discretion may recommend permanent sta tus to the a ppo i nting authority. Should the appointing authority approve perman nt status fo r the employe at the expiration of the probationary pe r iod, the employee s ha ll b e co ns idered to have p rman nt status. B. Any permanen t mploy c ov red by this Contract upon being promoted to n w posi tion in th Ca r e r Se rvic Sy a t m ahall have probationary statue s t ouL abov in any p os ition t o whi c h h waa promoted, but shall retain perman nt at tus in his pr vio clas s ific a t i o n and may voluntarily trans f er b ck to the pr vious position at a ny tiaa , o r be returned to that position by the ppointing authority durin& th probationa ry p riod • • I • • • • - P.:1ge 6 ARTI CLE XIII. ANNUAL LEAVE A. Employees c overed by this Contract shall accumulate annual leave monthly at the following ra tes . Length Hours Hours o f Service per Month per Year 0-4 8 96 5-9 10 120 10 and above 13.33 160 Annual leave shall not be g ranted to any employee until after completion of twelve (12) months consecutive service with the City unless otherwise authodz<!d by the Chief . In order to qualify for annual leave credit during the month, the employee must have worked for at least one-half (~) of the working days of that month excluding authorized paid leave. B. The maximum acc umulation of annual leave shall be as follows: Length of Service 0-4 5-9 10 and above 192 240 320 C. Annual leave shall neither be authorized nor computed for any purpos~ af t ~r the maximum accumulation has been reached. The schedule for use of annual leave shall be determined by the needs of the de partment. Annual leave shall be taken at a time convenient to and app roved by the Police Chief. Employ e s s ha l l not lose a ccumulated annual leave after the maximum has be n r ~c h ed i f the emp loyee has requested use of annual leave prior to maximum a c cumulat~on , and has been denied use of a nnual leave. An nu a l Lea v Pay The r t e of annual leave pay shall be the employees regular s traight time h our ly r a t e of p a y f or th e mployees regular job and charged on a working hour basis, excluding r egu lar d a ys o ff. Annual le v shall be allowed only to t he total hourly amount accumul ted a t th b ginning of the leave, as veri f i e d by the Pollee Chi f. Employ •s mny r ive their nnual leave pay no e rlier t h ., three (3) d ays pr ~or to th s tart of their annu 1 leav , provided the employee makes a writt n request to thei r s ure rvis o r f ifte n (15) calend r day s p ri o r to the start of th ir nnua l l e v • Work During Annu a l L a v If afte r th employe employ e t o wo rk duri ng th compen a t d s fo llows : haa begwt th ir annual 1 av and t he Ci ty 1 '• <res th s ch eduled nnual le ve period, th employe . shall b A. The employe s h 11 b paid !or all ho un wo rked at th •.IYo!r t i ij . 1ne mploy~e a h 11 o t b ch r& d with v at o n t i of hours wo r k d . • : tn• n r at • I • • - • • • • • l'age 7 '!i n im um Usage There shall be a one-week minimum on use of annual leave time, unless otherwise authorized by the Police Chief. Annu a l Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e. retirement, t e rmination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. In the case of voluntary separation, the employee shall be required to give two (2) weeks notice to the City. How Charged Annual leave ior employees shall be charged on a working hour basis excluding regular days off. ARTICLE XIV. PERSONAL LEAVE Beginning January 1, 1982, all employees covered by this Contract on an eight (8) hour shift shall be granted 48 personal leave hours with pay and those on a ten (10) hour shift shall be granted 50 personal leave hours with pay which a n e mployee is en titled to use for the following purposes: A. Time lost as a result of illness/injury to the employe or the employee's immediate family. B. Attend personal business. C. Leiaur tim . For Any employee who has not used the 48 or 50 personal leave hours ending D ccmber 3 1, of each year or any portion ther of, the City will compensate said employ e fo r th un us ed time at the employee's regular wage rate to be paid the first pay pe riod of J nuary of th succeeding year. Personal leave time shall not xceed th 48 o r 50 ho urs as de ignated abov nor shall it be accumulated o r carried ov r f rom one y ar t o the next. Personal leave shall be scheduled nd administered Wl d r t he di r c t io n of th Polic Chief for personal busine s and leis ure time . I n th e v nt of i lln sa /injury in which personal leave is req u sted, t he employ sh 11 notify th ir supervisor at least one (1) hour p rio r to th ir sch d u led r porting time. ARTICLE XV . DIS ABILlTY -T EMPORARY (NO JOII RELATED) D f nit1on T mro ra ry di "oll! 1ty J'J l c11v 0rnnt cu for non-o rvice corancctetl injury or illn sa of n mp l oy u which dis abi:icy prev nta the egplc y fro performlng h 111/h r duti s u Ci t y mploy • I • • • • • - Provision January 1, 1982, the Ci t y agr ees to provide temporary dis ab ility leave with pay for employees absent as a result o f illness/injury a t the rate of 100 4 o f the employee's regular wage up to 120 calendar days of di sability. Temporary disability leave shall not be accumulative except that on January 1 of e ach year the City shall res tore 100 % of the number of days used by an employee during the preceeding year up t o a maximum of 60 days. Utilization A. Authorization for tempo r a ry disabi lity leave wi th pay shall only be granted after the first day of disability. B. Authorization for temporary disability shall only be granted f or t h e fallowing reasons: 1. Personal illness or inj ury no t s ervice connected, includ i n g maternity. Sick Leave Option All sick leave accrued by permane n t e mp loyees p r ior t o J a nuary 1, 1980 shall ve st with the employee , and may b e us e d i n the f o llow i n g man ner: A. After the 120 days as describ ed above have been used unless the employee is entitled for retirement as a result of disabili t y . B. By cashing in all accrued sick leave accumulated under the previous plan upon normal or disability retiremen t from the Ci t y at the rate of one hours pay for each two hours of accrued sick leave or one hours pay for each four hours upon separation from the City. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of Temporary Disability The mployee or member of the employee's household shall notify the employee's supervisor at least 30 minutes prior to the employ e's scheduled reporting time. No temporary disabiliLy leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless circumst nces beyond th control of the employ e would not permit. Verification of Disability An att nding physician's statement will not b necessary until after three (3) d ys of disability, xcept wh n required by th Chi f of Police. If the Chief r quir s the physician's statement befor the three (3) days of disability rt><)l lir mcnt, th City sh ll bear th cost of such physician's statement. Abu t mporary disability occurs wh n an employee misrepresentl the for r questing te!llporary disability or when an employee uses • I • • • • • tempo r a ry dis a b i lity leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinar y aLtion. ARTICLE XVI. ON-THE-JOB INJURY -DISABILITY A. For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his full wage s f r o m the first day of his absence from work up to and including the 90th calendar day o f such absence, less whate ver sums received by the employee as disabi lity wa ges under workmen's compe nsati on. The City reserves the right to require any e mploy ee on injury or disability leave to submit to an examination(s) by City- ap poi nted physician(s) at the City's expense or under the provision of workmen's c ompensation or the retirement/pension provisions as provided under State Statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ART I CLE XVII. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this Contract of $20,000 for each employee. A conversion privilege upon retire- ment of 50 ~ coverage payable by the employee will be made available by the Ci ty for s aid retired eruployee. ARTI CLE XVIII. DENTAL INSURANCE Dur i ng t he l i f e of the Contract, the City shall pay 100% of the premium cos t f or the City Dental Insurance Plan or other plan wh ich may be selected by the Ci ty as a substitute for the City Dental Plan for each single and dependent policy holde r. Employees s hall asswn any premium rate increase during the l ife o f this Con tract i n excess o f $3 5 per month. A. The City agrees t o continue to provide ea ch employee covered by this Contract the s me level of dent a l b en e f i t s as provid d to them as of January 1, 1980, except the City h 11 imp rove s a id b e ne fi t s ac c ording to industry standards ach y~ar nd for the duration o f this Co n tr ct. B. Any disput~ concerni ng t he in t e rpret at io n o f pp lication of b n f i t s under the Dental Pl n sh 11 be s ubj e c t to the disput resolution proc dur only. (It is xpr ssly und ratoo d that this Arti cle 18 a non-grievable i tem und r thi Contract.) C. In order to promo te a b t t e r und rstanding of the City's procedur for resolvin employ~e d sputcs c on ce rni ng th interpr tation and application of tht> City 's h alth nd d en t !i nsurance program, the following proc durea sh 11 b· utilized in thos i ns t an c s where an employ f e els that th ir h alth or d ntal insuranc claim h n ot been proc 88ed or paid in a manner co is tent wiLh the City's insur nc pl n . • I • • • • • P.JJ E: 10 l . If an employee feels th at his/her health or dental claim has been incorrectly paid or denied, the employee shall first contact and inform the City 's Benefit Coordinator in the Employee Relations Department at Ci ty Hal l. 2 . If the disputed claim can not be resolved by the Benefits Coordinator, the claim will be resubmi tted to the insurance administrator for futher revle-1 and considera tion. J. If the claim can no t be r es olved to the satisfaction of the envloyee by t he insurance admini strator, the claim will be forwarded with all pertinent i nformation to the City's insurance consultant for furth er review and investigation and who shall attempt to resolve the dispute through information and mediation. 4. The written decision of City's insurance consultant concerning claim disputes involving out-of-pocket expenses to the employee of $50 or less shall be final. Claim disputes involving out-of-pocket expenses to the employee of mor e than $50 unless resolved by City's insurance consultant to the satisfaction of the employee shall be forwarded to the Colorado Foundation for Medical Care for a complete review of the pertinent facts giving rise to the dispute and shall submit to the City a written decision whi ch shall be fi nal. The cost for employing the Colorado Foundation for Medi cal Care shall be paid for by the City. ARTICLE XIX. HEALTH INSURANCE -EMPLOYEE/RETIREES A. During the life of this Contract, the Ci ty shal l pay 100 % of th e p r emium cost for the City Health Insurance Plan or other plan whi ch may be selected by Lhe City as a s ubstitute for the City Health Plan for each single and dependent policy holder. Employee s shall assume any premium rate increase during the llf of this Agreement in excet>s of $150 per month. B . Th City agrees to continue to provide to each e~loy e covered by this Agreement th s me level of health benefits as provided to them as of January I, 1 80 except the City shall improve said benefits according to indust ry :standards each y ar and for the duration of this Agreelllent. C. Any di put concerning the interp retation or application of benefits providt:d undr.:r the H ·alth Insurance Plan shall be subject to th dispute resolution proc dure only. (It i expressly understoo d that this Article is a non-grievable item und r thib A re m nt.) D. R tuees prior to January 1, 1980 will be provid d he alth insurance coverage by the City on a non-particip ti ng basis. The coverage will coordinate with die id and Medicare who!rever appllcable. Future retiree ~> will b guaranteed conversion privil ge to the H alth Insurance Plan available through th City. The City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 p •t· month. I::. ln urd r to promote a b~tt r undeCIItandins of the Ci t y'~> pro Jur fo r re 'iolvwg employ • c.li!iput li con erning th .interpretation un .tppl cation or the City's h lLh and d ntal in uranc progr m, th following pr l.!dur shall !H:I u iliz d in thos~ J.n tance wher n employ !eels that th r health or d 'nt l in urunc claim h not be n procesa d o1· paid in a nn r con 11it11 nt w.i.th tit • t;1ty'• 11\Huruo"•' ..,t n • • I • • • • • - Page 11 1 . I f an emp loyee feels thac !.is/her hea lth o r denta l claim has been l ncorrectly paid or deni ed, the e mp l oy ee shall fi r s t cont act and inf o rm Lht:! Clcy's Benefit Coo r dinator in the Emp loy e e Re la ti on s De part men t ac City Hall. 2 . If the disputed c l aim c a n n o t be resolved by the Benef its Coord inator, t h e claim will be r e submitted to the insurance admini s trator for further rev i ew and consider a t ion . 3 . If the claim can not be resolved to the satis f a c tion of the emp loye e b y the insurance administ rator, the claim will be f orwarded with all per tine nt information to the City's insurance consultant for f urther r e - view an d i nves tigation a nd who s hall a ttempt to resolve the di s pute throug h information and med i ation. 4. The writ t e n decis i on of City's insurance consultant concerning c laim disputes involving out-of-pocket expenses to the employee of $50 or less shall b e final. Claim disputes involving out-of-pocket expenses to the e mployee of mo r e than $50 unless resolved by the City's insurance consultant to th satisfaction of the emp l oyee shall be forwarded to the Colorado Foundation for Medical Care f or a c omplete review o f the perti nent facts giving rise to the dis p u t e and s hall s ubmit to the City a written decision which shall be final. Th e cos t fo r employing the Colorado Foundation for Hedical Care shall be paid f or by t he City. ARTICLE XX. MILITARY LEA VE A. Any permanent or p r obation ary e mpl oye who e nlis t s o r is i ndu c t e d into the military, naval, air or other armed se rvices of the Uni ted Sta tes i n t ime o f wa r shall be e ntitled to a leave of absen ce wi thout pay fo r the duration of s uch wa r o r unti l honor bly discharged , whichev r occur s fi r st , and for one (1) year c hereaft r. B. Any mployee who shall be a mb r of t h National Guard or any o t her component of th militilry forces of the State , n ow or here a f t r orgilnized or constituttd under the State or fed eral law, or who shall be a member of the rese rve forces of the United St t s , now or hereafter o r ganized or constituted under federal ntitl d to leav of bsence from his employmen t without loss of pay, ficiency rating, Vil cnt ion, sick leave or other benefits for is eng g d with such organiz tion or component in training or actlve ervic ord red or uthoriz d by proper authority pursuant to law , wheth r tor State or fe derdl purpo~es, but not ex ed ng fifteen (15) days in any calendar y ar. Such bh .. ll b 11 we d in casu the r quired military scrvic is !>atlsl ctonly 11 b pr awu d unl aot. th contrary ill •s tabliah d . c . p01>1tion th d unl ss the mployee return& to hi8 publ c v d fro m auch milit ry aervic nd not lat~r h ilil caua not in auch v D. Subj •ct to provuioo A, 11 , nd C bov , th City ah 11 prov d to an n•ploy e gr nt u milit 1 olV , l •• wh at ver w g th employe r eiv d by th milit ry Cor such &ervice • ull pay y h&VII • I • • • • • l'age 12 ARTICLE XXI . FUNERAL LEAVE l'he appoin ting authori ty shall grant leave with pay to an employee to attend the fune ral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed seven (7) calendar days. For the purposes of this section, "employee's family " shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse. ARTICLE XXII. JURY DUTY Leave may be granted to an employee for serving on jury duty. He shall be entitled to the difference b e tween his regular compensation and the fees received for jury duty. ARTICLE XXIII. HOLI DAY S Employees covered by this Contract shall be scheduled for ninety (90) hours off with pay at the discretion of the Police Chief or his designee. Scheduling will be dependent on manpower needs and the Chief, with the approval of the City Manager, may pay the employee in lieu of the time off. If afler lhe employee has begun their holiday and the City req uires the employee to work during the scheduled holiday period, the employee shall be compensated as follows: A. The employe e shall be paid for all hours worked at the overtime rate. B. The employee shall not be charged with holiday time for the number of hours worked. ARTICLE XXIV. UNlFORH CLEAN! G ALLOWANCE A. Th City bh 11 furnish , or bear the cost of uniforms, including leather gear , insigniab, shoes and clothing, r eq uired while on duty, and shall pay all costs of llldinten nc , r p:1ir nd cleaning thereof. All employees assigned to the non-uniform d vision for a period of thirty (30) days or more and not r quired tu b in uniform du ring work, s hall receive a monthly clothing :lllowance of $40. The City ~hall provide th neces ary cleaning. The employee sh 11 b responsible for all lo tor stolen items identified above or damage to same as ro..: ult of n ·gli~:;t nc~ or dt!li berat ~ ct. 8. a b 11 on y b o! the RTI I.E ub reimburs n employe 50% of the cost for the purchase of ck j cke t) up to a ximum o 75.00. Reimburs nt shall one e v ry five (5) years nd the mploy e must r t in possession L durin th fiv (5) year p riod. l.I:AVl:S 01 AllSENCI:: (WITIIOUT PAY) P oy pay tor cover d by this Contr ct y b• gr nt d sons of due cion whi h 1 alli d to th • 1 v of dutiu of I • - • • • • the Ci ty, settlement of an estate, child care, serious i llness of a l!Embe r of t he employee 's family, but s hall no t be u sed f or t h e purpose of obtai ning employme nt elsewhere . Leave with o ut pay shall not exce e d six (6) months of any year but ma y be exten ded upon req ues t for a n a dditional six months. The total leave time shall not exceed one year. Upon re t u rn from approved leave, the employee will be restored to their forme r position if a vailable or to a position comparable for which the employee is quali f ied. During periods of unpaid leave, employees shall not conti nue to accrue service cred it, or be eligible for any City benefits. Application for Leave A req uest for a leave of a b s ence without pay shall be submitted in wri t i ng by the employee to the Police Chi ef. The request shall indicate the r e ason the leave of a bsence is being requested a nd t he ap proximate leng t h of leave time requested. Consideration o f Leave Reque s t The Police Ch ief may grant or deny l eave requests, taking i n t o cons iderati on the depar tmen t 's work f orce , wo rk l oad and t he employee's request. Failure to Return If an employee fails to re turn by the dat e of leave expira tion, the employee sha ll b e con sid ered to have voluntarily resigned from the service of the City, u nless the appointi ng auth ority de termines that unusual circumstances exis t. ARTICLE XXVI. GRIEVANCE P ROCE DURE A griev ance is defi ned as an alleged v i olation of a specific p rovision o f this Contract. The emp l oyee and t he Ass o c iati on shall be requi red to fol low the procedure as set o u t below . If the employe /Associat ion is un ble to sett le t he gr ievance o r disp u te orally and informally through his/her imm~o:diate supervisor wi thin five (5) work days of th date of the occurrence of the grievance, or the employee's knowledge of it , the employ may within the succeeding five (5) wo r k days file a writ t en grievanc with his/h r upervisor. The upervisor shall attempt to adjust the matter ar\d shall reapond in writing to the employee within five (5) work days. If ttl grlcvanct! stlll r•mai n:; unadjusted, it shall be pres ented by the mployee o the Police Chief in wr ting within five (5) work days following r c ipt of th up rvi or's r aponse. TI1 Polic Chief shall respond in writing within f1v (5) work days. l( th ro.;pt· ri v 1 e st1ll re ins un djust d, it shall be present d by the City 11 n ~t~r 11 wr ting within iv (5) wc:..~·k days fo.Uowing PoUc Chief 's r spona • Th City Han ger or hia/her designated 11hsll r *'P 1 d in wntinK within t n ( 10) work days . • I • • • • - Page 14 If the grievance is still unsettled , the emp loyee within ten (10) work days after the reply of the City Manager or his/her designated representative, may by written notice request the matter be heard by the Career Service Board. The Career Service Board or i t s designated hearing officer shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible for compensation to its own repre- sentatives and witnesses. If either party desires a verbatim record of the proce edings, it may cause such a record to be made, provided it pays for the record and makes c~pies available without charge to the other party and to the Career Service Board or its designated hearing officer. Failure by an employee or the Association to comply with any time limitation shall constitute a s ettle- me n t of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Authority of Career Service Board The Career Service Board or its designated officer shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the Board or its designated hearing officer shall be final and binding upon the parties. The Board or its designated hearing officer shall limit its decision s trictly t o the grievance submitted which has been properly processed through the grievance procedure outlined. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee during working hours within reasonabl tim limits without loss of pay provided notice is given and the work load permits. ARTICLE XXVU. UULS OLUU(..' 10. A. Th c pay revo by the e~~ploye IJ . U~d uc uon o.IA: sociation dues once each ~onth from the t in writing that such deductions St t of Colorado. The amounts Fin nee Director by th Treasur r all mploye s shall b Tr ur r by tho 15th of the Th uthorization sh ll be thirty (30) d y writt n notice pt that if no wa s ar paid an aucho ri w g~s each month, th l t payday of iv n nth, d duction for th t paid to h /h r on th next su c expt aly und r•t od that the City sa no liability for th coll ction or paym nc to the Associ cion of any d th c mploy !a not ctually working for th City nd of tlu: City. In the t>v nt of •r ror on the ch cko!f liu, r ponsib l to k adj ua t nt , until notiCi d by th Tr • " which lllllY y. It 1 not b liab 1 durin y tillle ctually on the payroll th City will n t b ur r of th · ociac on • I • - • • • • l'Cl~L l5 C. TI1e Ass ociati on shall indemnify an d hold the City harmless against any and all claims , suits, o rders, or judgments brought or issued against th e City as a result of any action taken or not taken by the City under the provision of this Article. D, Ch anges in the dues amount to be deducted shall be limited to two (2) c hanges each year, and provided a thirty (30) day written notice is provided the City Finance Director. E. Sh ould the change i n the deduction amount or method require a co mputer programming change, the Association shall be responsible for that cost of such change or changes, a t $30 p e r hour with a f our (4) hours maximum, Payment f rom the Association shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE XXVIII. ASSOC IATIO N ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay , Association representatives may be allowed to: attend Association- management meetings; post Association notices; solicit Association membersh ips during em ployee 's non-work time; and represent employees on grievances, ARTICLE XXIX. RULES AND REGULATIONS Ex cept as limited by the express terms of this Contract, the City retains the right to promulgate reasonable rules , regulations , policies, procedures and directives. Said rules, regulations, policies, and procedures and dire ctives which are an alleged violation of this Contract shall be subject to the grievance procedure. ARTICLE XXX. h a ll not b s id ARTIC LE XXX MERIT 1 CREASES pro vid d for Police Offic r autom tic, but rath r b ed may be granted or d ni d to any nd tion o the Po lie Oli f and wi th th th Class throug h lst Class upon meritorious service. ind1vidual Police Officer prova l of the City Manag r to s uch individUdl Poli Officer. pprov d shall d t r.in the n • r t The data in which the niv nary date, DUTY TO TESTIF'i Should ny wploy •e b to t" t Cy befor y court or d part ntal he dn sult of ht. or h r official dut1 with the City, by in providina auch t at1110oy a all be cona 1d red t o h • If ar for t ati110ny i ii at a t1 wh n th ploy JOUld b o t duty, h or ah a hall be paid a ainiaum of two (2) houn a t l h tilll~: rat . Th 111ploy 11hall p y to th City 11 w tn f d o h r l:O n ation paid to th e loy in c njunction with ao tutifyi mile g An mp l oy e who ia called for witn •• duty ahall pre nt s up e r v is o r th o ri g inal au n or aubp na from the court or at the concluaion of s uch duty, a hall provid a ai&n d at t nt !rom th clark or the court, or oth r vid n c indi c tin& th ti hia/h r paraon waa raqu1r d. Wh n he 1a • I • • • • • P<lgL' 16 subpoenae d as a witn ess in private litigation to tes tify, not in his official c<:~pa c ity b ut as a n individual, the time absent by reasons thereof shall b e taken as annual leave or leave without pay. ARTlCLE XXXII . ACTING PAY A. All acting positions will be compensated at 100% of the pay for the position in which he is acting as approved by the Chief of Police. The employee musL be in the position for a period of thirty (30) consecutive calendar days before said employee b ecomes eligible for acting position compensation. Such pay will be retroactive to the first day of said employee assumes the responsi- bilities of the position. ARTICLE XXXIII. BASE SALARY For t he purpose of determining an employees base wage, the employees regular straight time wage rate and longevity shall be used, excluding all other forms of employee compensation . (The above provision shall be used only for the purpose of determining pension benefits under the City and State pension plan.) ARTICLE XXXIV. RETIREMENT BENEFITS Retirement benefits shall be provided for as stipul ated under State Statute. In addition, the City shall continue to provide the saroe level of benefits as provided for in the Englewood Municipal Code. Employee contribu t ions will not be increased above the 5% to employees hired prior to April 8, 1978 and 8% for employees hired af ter April 8, 1978 contribution lev ls unless required by Sta te Statute. ARTICLE XXXV. TUITION REFUND Policu Olief and after prior approval of the City of En 1 wood shall r imburse a p rman nt, full-time police ucc ful compl tion of an approv d course or courses in education tr inin • The cours or training must b related to the work t nc in th job , and be of value to the police offi cer's This tlhall includ 11 tuition, nd required t xt • ARTICLE XXXVI. BIDDING P CEDURES FOR HOLIDAYS, VACATIONS AND SHIFT ASSIGNMENT A. n o£ity <lpplicdbl to th s n ority bid proc sa will be dot rmincd n c cord nee with the total lensth of continuous employ~~~ent aa a Pol1C41 Officer with th City of En lc oou. Priot' C ty umployment in olh r th.tn u l1ol1ce Off~ccr c p i ty will not ply tow rd IHt.lluri ~)· Prob tion ry Ulp ... oy..:w. w.1.1l , (It btt inc l uJ •d in t h b nol r to!l• will b d t 1u1n d by their 1 t promotion dat d 0 i ar. ly th tiM a Sergcsant llinc hia most ppli d toward a nl.orit:y for bid procedur • • I • • • • l'.q;<' I 7 Biddin ~ for Watc h es a nd Days Off 8. The s e niority bid syste m will be applicab l e to personnel assigned to the un ifo rmed patrol division only and will notbe authorized in any other division. The uniformed patrol division commander will develop and post a schedule p rio r t o each year for a six-month period starting November 1 and ending April 30. The uniforme d patrol division commander will develop and post a second s che dule prior t o May 1 each year for a six-month period starting Ma y and endin g October 31. The pa tro lmen in the un iformed div i sion will bid tw ice a year. Each bid pr oces s will consist of two (2) three (3) month interval s. The first bid each ye ar will be f or November 1 through January 31 and February 1 through April 30. Th e second bid each year will be for May 1 through August 31 and August 1 t h r ough Oc tober 31. Th ere wi l l be ten biddable positions on each watch . The bidding process wi ll begin with the most senior police officer bidding the position of his c ho ice. I n t be des cending order of seniority each remaining officer will have a choice of the rema i ning biddable positions. All specialized positions such as motorcycle o fficer, , crime prevention officer, mounted pa trol o fficer, e t c. will not be open to bid . The specialized assignments along wit h an y no bid positions on a watch will be in addition to the ten biddable pos ition s on each watch. Officer may r e qu e st non-biddable positions a nd a n a ttempt wi ll be made to a ccommoda t e th e m, but s u c h po sitions will be assigned at t he discretion of the patrol division commander. lf an office r fails t o s ubm i t their bi d in accordance with the bidding p r ocedure th y will r elinqu ish their oppontunity t o bi d by seniori ty and will be assign ed at th discre t ion of the patrol division c omman d e r. l'he sergeants in the p trol division will bid by ~oenio ri ty i n the f oll ow i ng manner: Th re will b one-biddable position on each watch establish d by t he pa t rol division corrunandcr. Th sergeants in the patrol division will bid t he r emaining biddabl position from the mo t senior sergeant on down. Sergeants ma y r e ques t non-biddable positions nd n attempt will b made to accommodate them, but s uch positions will be assigned at th d iscretion of th e p trol d ivision commander . Sergeants will fol low th same bid sched u le proce ss as patrol offic r s. 1'he s rge nts will bid two (2) thr ee (3) mon t h wa t c hes a t t i me. S r g a n ts wi ll not be llow d to bid the am shift more than t wo t i mes in a r ow. Officerw or a rg anls awsign d to other div illiona nd who re r e a ssign d to th p trol division will occupy th position v cat d by th penon they r n'pl. c w~;. lf other po.>sitions are av 11 bl , t hey IWIY request ssi nmen t co r u ch r~·Jtion, but my only b sign d at th discr tion of th p trol div i sion <;Ou~u.lllu •r. TilL l will then b llowed th ir ~ocn or ty Cor biu t th ~ n xt bid proc • I • • • • • l'agl! 13 lt is further understood that a schedule change for unforeseen emergency c ircu111sta nces arise, officers and sergeants may be assigned by the patrol division commander from one shift to the other to handle whatever emergency situation exists during the duration of the emergency. The officers or sergeants in descending order of seniority will be asked if they want the assignment change from their assigned watch during the duration of the emergency. If it is necessary to assign officers or sergeants after this procedure has been done the least senior officer on the watch will be selected first to change assign- ments by the patrol division commander. This process will continue until the division con~ander has met the needs of the emergency situation. C. Bidding for Vacations and Holidays Vacations will be bid by seniority. Vacations will be bid by seniority only one time during the year November 1 through October 31. An officer or sergeant will bid for vacation according to the bidding schedule. He will be able to bid during the first six (6) month bid process November through April 30 or the second six (6) month bid process May 1 through October 31. Vacations other than his seniority bid vacation will be on first- requested basis. All vacation requests will be signed and dated by the receiving supervisor on the date of receipt. Any vacation requested after the bid process closes will be on a first-requested basis. Vacati ons are expected to be scheduled in good faith by each employee and shall specify the exact dates desired . In the uniformed patrol division not more than four officers or one sergeant per watch will be scheduled for vacation or holiday leave at the same time, unless approved by the patrol division commander. Not more than two officers or one sergeant within other divisions will be scheduled for vacation at any one time unless approved by their division commander. Vacations within the investigations and administration divisions will be scheduled by their division commander according co seniority. Hol day will b bid after all vacations have been bid by seniori ty with vacations taking precedent over holidays. The bid time for holidays is the same ab vac ationb accordin to bid schedul except that any holidays not scheduled or u ed by August 1 of that year will be assigned. The schedule proces for bidding will be as follows. The bidding process will take place in October for Nov mber 1 through April 30 and April for Hay 1 through October 31. Holidays will then be bid. Watches and days off will be bid fir t long with seniority pre( renee for vacation if so desired. Holidays wil l th n be bid by sen iority. Hor than one holiday at a time may be taken as lonb s th requirem nt of four per watch is met. ARTICLE XXXVll. LETTER OF WARNING n It is mploy gr d th t a copy of any 1 tter of r primand which is placed within ' p rsonn 1 til will be furnish d th affect d ~loy ·n , mploy r t iNi th right to respond in writing to th l tter of r primand which r sponsa shall also be placed in the amployea's p rsonnel file • • I • • • • • Page 19 The emp loyee also retains the right to request an administrative r e view of the l e tter of reprimand. The Chief of Police shall develop this administrative review procedure which shall at a minimum consist of a board with equal repre- s entation of command staff and Association members. This board shall be advisory to the Chief of Police, and its findings shall be placed in the employee's pers onnel file. This Article shall not be grievable under this Contract. ARTICLE XXXV li i. EXCLU SIVENESS OF AGREat~T The City and the Association agree that the term and provisions herein con tai ned constitute the entire Agreement between the parties and supercede all previous communications, representations or agree~ts, either verbal or written, between the parties with respect to the subject matter herein. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Agreement and, therefore, agree that negotiations will not be reopened on any item during the life of this Agreement except by mutual agreement of the parties. In Witness Whereof, the parties have caused this Contract to be signed by theU;( respective ;;presentative&, and their signatures place thereon, on thiB ~day of ,W • 1981 at Englewood, Colorado. CITY OF ENGLEWOOD /LL.;J.;t~ ~~f & r j ·~--T EN~D POLICE BENEFIT ASSOCIATION ( . k[_ .../' -ft -~ Jr,:~·~r I • • - • • • • ADDENDUM TO THE 1980-1981 CONTRAC T BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATI ON This Addendum to the 1980-1981 Contract entered into by the authori zed City representatives and the Englewood Police Benefit Association shall be a mutual reques t of the above-named parties that the Englewood City Council DDdify the current 198G-1981 collective bargaining contract to reflect that effective July 1, 1981 a ten ( 10) percent wage differential be established between the classes of Police Officer and a cwenty (20) percent wage differential becween the posi tion of Police Offi cer First (1st) Class and the rank of Sergeant. In addition, a six (6) percent wage adjustment will be added to the position of Police Officer First (1st) Cl ass and the wage differential described above will be applied. As a result of this understanding and agreement, the following salary ch dule will be es tablished. 7/1/81 (In cluding a 6% wage adj ustment Present 6. differenti al Poli e Officer 4th Class $1 ,333 $1,359 Police Officer 3r d Cl ass 1 ,482 1 ,495 Police Officer 2nd Class 1,605 1,64 Poli c~ Officer 1st Class 1 , 706 1 , 08 Sergeant 2 ,035 2 ,170 The parti respec tfully requ t this .adification and by the~r respective r p resentativ s hav placed their &ignatures thereon, on this ~day of July, 1981 al En 1 ood, Colorado. CITY OF E GU:WOOD ,2t.JL,-! ~£ I // <c &! !ut ~-1- ENGLEWOOD POLIC E BENEFIT ASSOCIATION CtLrf: 2t . .,9 • I • • • • • 1P BY AUTHORITY ORDINANCE NO. SERIES OF 198 ~1 ----COUNCIL BILL NO. 70 INTROCUC~ BY COUNCIL MEMBERr-0..-<2-" A BILL FOR AN ORDINANCE ESTABLISHING LICENSING PROCEDURES, REQUIREMENTS FOR PREMISES, ENFORCEMENT PROVISIONS , AND PENALTIES FOR ADULT ENTER- TAINMENT ESTABLISHMENTS BY ADDING CHAPTER 10 TO TITLE IX OF THE ENGLEWOOD MUNICIPAL CODE OF 1969 AS AMENDED AND DECLARING AN EMERGENCY. WHEREAS, he City Council of the City of Englewood declares that it is in he best interest of the City of Englewood to establish procedures for licensing and controlling adult entertainment estab-lishments. NOW, THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO . Sec ion 1. That Title IX of the E .M.C. '69, as amended, is hereby amended by adding new Chapter 10 thereto as follows : 9-10-1: LICENSE REQUIRED o adult entertainm n establishment, as defined herein, sh ll be permi tt d within the City of Englewood except as her in provided. No 1 t r than 30 d ys af r th fective d e of this ordin all dult entert inm nt s ablishmen s 1 wfull y op r hin th Ci y of Engl wood on or befor t h ff c iv • his ordinance sh 11 pply for an Adult L1c ns e . Th rcafter, the licensing offic r shall o pprove or d ny the lie nse, during which op r ion is permitted. o adult n cr ainment i n opera ton on or b fore h ffec 1ve d te h , 11 chanqe i s business loc 1 opera ion, or modify ny other c ivi y h1 s ord1n nc , withou firs complying with h1s ordin, nc . -1- • I • • • • 9-10-2: DEFINITIONS For the purposes of this chapter the following definitions apply: !'.dull: Arcade •no::ana an t:s t.:ablJ.shment where 1 for <.~ny corm Ol. consTcteratJ.o·n, o ne or more motJ.on picture pro jcct.:o .~.::.., :.;l.iuL: proj ectors or sJ.mi lar mac hines, for viewing by fi ve o~ ~e wer persons tach, are used to snow films , mot.:J.on p.icLlln-'<•, video cassettes, slid es or other photographic r eproduc tJ.on u ·.~hich are characteri zed by a n emphasis upon the dL:piction or descrJ.ption of "specifJ.ed sexual actJ.vities" or "specJ.fied anatomical areas." "·:lu.lt boo!c-;core means .1 placo whe re books 1 mag ~:.:ines 1 inoi:Ton pic~ I p:r.in·>::s, photographs 1 periodicals 1 rccol:d- i ilq~;, nov~lt ies al1d devices , or any of these things, which hrtv..; <;<t> thoir prihlary or dominant tho1nEo mat.: tel." depic ·i::..i.u~, illu:>tl:ating 1 desc:..-ibing or relating to spt;lcificd s e ;.uul activities are sold or offered for sale to aaulta ~md includes a placa with only a portion or section of its ~rea set aside for the displa y or s~le of such 1~terial to adults, exc!ipt that any place, oth ... rwiso included wi\::h i u this definition, that derives not rnore than ten percent.: f its g1.·os s income from the sale of such n1<1t.e rial sh<.1l l be e;:empt f .con1 the provisions of this chapter so long <.~:.; such material is kept· in a location where it is not. vit#ib~u and sha ll not be a self-service item for the cus tomera of such place • .1 dtllt Cabaret 1 ans a nightclub, bar, restaurant o.: ~finlla r establishment which regul rly features live 1 ~t-.:rforn~ances which al:e char cteri:o: c:l by the eotpocul.·e: o.E "soeaified natomic 1 reas• or by "speai i d s xu 1 activities," or films, motion pictures, v1deo cassett s, slides or other photographlc reproductJ.ons wh1ch are charact rized by n emphas1 s upon the depiction or descr1ption of "specified sexual ctivities" or "specified anatomical areas." -2- a busin ss th t features cifi d an tomic l areas. • m~ ns an dult book mo 10n picture dult c b r t1 or I • • • • • " Adult motion picture booth means an enclosed area within an adult mot~on p ~ct ure theater designed or used for the viewing by' on e o r two persons of moti on pictures which h~ve as their primary or dominant theme matters depicting, illu~ trating or relating to specified sexual activities. Adult n~tion picture theat~c means an enclosed building, or a port~on or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used for presenting on a regular basis film mate.cial which has as its primary or dominant theme matters depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof, and includes any hotel or motel, boardinghouse, rooming house or other lodgeing for transient customers which advertises the presentation of such film materia l. Public Park means a park, playground, swimming pool, beach, p1er, reservoir, golf coutse or athletic field under the control, operation or management of a governmental entity. Specified Anatomical Areas as used herein, shall mean and 1nclude any of the fol lowing: (1} Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a poin t immediately above the top of the areolae; or (2) Human male genitals in a disce rnibly turgid state,even if completely and opaquely covered. Specified s xual activities means: {1) human genitals in or arousal; sexual timul tion {2) acts of hwuan adamitism, analingus, b stiality, cunnilingus, coprophilia, fell tion, flagellation frott ge, masochism, m sturb tion, s dism, ' sa ornasochism, exual intercour e, odomy or urolagni ; and 'I I • • • • .. (3) fondling or other erotic touching of human genit4ls, pubic region, buttock or temale breast. 9-10-3: ADULT ENTERTAINMENT ESTABLISHMENT APPLICATION (a) Applicants for a license to operate an adult entertain- ment ~stablishment shall submit a written application w the licensing officer on forms containing the follow- ing information: (1) the name and legal residence address for voting purposes, business and residence telephone numbers of the applicant. (i) If a partnership, the name and address of each partner; (ii) If a corporation, associat~on or other organi- zation, the names and addresses of the president, vice president, secretary, managing officer, each director and each shareholder who owns more than 5\ of the outstanding shares of stock. (2) The trade nam of the applicant. (3) Whether the applicant, any partners of a partner- ship , or any officers, directors, or any shares- holders of a corporaing holding more than 5\ of the ou standing shares of stock, or ny of their spouses have any financial ~nterest in any other adult ntert inment est blishm nt. (4) Th 9 nd date of birth of th pplicant, of any partners, or of any and all officers, of any tockholders of more than 5\ of the shares of the corpora ion s ock outstanding, directors of the pplic n if th applic nt is corporat~on. -4- • I • • • • • (5) If the applicant , any partners or any of the officers, stockho lde rs holding more than 5% of the outstanding shares of the corporation, or the directors of the applicant , if the applicant is a corporation, has ever been convicted of any crime constituting a felony, or ?ny crime not a felony, or Municipal Code v iola tio n involving moral turpitude in the p a st 5 years and, if so, a complete description of any such crime, include date of violation, date of conviction, j urisdiction and any disposition, includ- ing any fi ne or sentence imposed and whether terms of disposition have been. fully completed. (6) Addres s of the premises to be licensed. (7) Wh ether the premises are owned or r ented and if applic nt has a right to legal possession of the premises, copy of those documents giving such legal right. (8) If applicant is a pe rson doing business under a trade name, a copy of the trade name properly rec orded. If applicant is a corporation, a copy of uthority to do business in Colorado, incl uding Ar tic les of Incorporation , Trade Name Affida vit, if any, last annual report, if any. (9) At least three (3) character references from individuals wh o are in no way related to the appli- cant or individual shareholders, officers, or directors of a corporation and who are not or will not b n fit financially in any way from the applica- tion if the license is granted and who have not been conv1c d of any felony or a Municipal Code violation involving moral turpitud e in the past 5 years. The lie n ing o ff icer shall prepare forms consistent w1 h th provi ions of th is s ubsection for the (10) (ll) appl1c nt wh o hall submit ll charact r references on uch forms. Bu s 1n ss or mployment records of th par n rs in a partnership, directors corporat1on nd, if a corporation, hol ing mor th n 5\ of th sh res of ou anding. pplicant , and officers of 11 s hareholders corporate stock or dult nt rt inm nt stablishment d nd acknowl dg d und r oath to be by: -5- • I • • • • • .. (a) i f t he applicant is an i ndivi dual, the individual; (b) i f b y a partnership, by the manag er or general pa rtner; (c) if a corporation, by the pres ident of the c o r poration; (d) if any othe r organization, assoc i ation, the chief administrative official. (1 3 ) Each application for an adult entertainme nt estab- lishment license shall be accompanied by a nonrefund- able processing fee of One Thousand Dollars ($1,000) whi c h shall be in addition to any other licensing fee assessed hereunder. 9-10-4 : PERSONS PROHIBITED AS LICENSEES (a ) No l icense prov i ded for by this chapter shall be issued to or held by: (1 ) an applicant who has not paid all required fe es ; (2) any pe r son who is not of good moral chara c ter ; (3) any corporation , a n y o f wh o s e o ff i c ers , di r ec tors or stockholde rs holding over 5% of t he out s tanding issued s ha res of capital stock wh o are no t o f good moral c haracter; (4) any par t ne r ship or as s ociatio n, any of whose of f i c ers or memb ers hol d i ng more t h an 5 % i nterest t her ein who are not of good mo ral chara cter ; (5) any person e mploying, assisted by, or financed i n whol or in part by any person who is not of good moral character; (6) ny pplicant who is not qualified to hold nd conduct business ccording to the 1 ws of th United St t , State of Colorado, or City of Enqlewood. (b) Should th re b suf(icient number of curr nt licenses to m t the ne ds and desires of the inhabitants of th City, no new l~c enses shall issue . 9-10-5: ( ) DECISION OF LICENSING OFFICER Upon r c ~p p rform a b h inform off~c r i o n application, l~c ns~ng off~c r h 11 ckground inv atig t~on of th pplicants nd ion cont in d in th pplic t on. ~h licen i n g uthoriz d to inv stiga ny fac that may b • I • - • • • • 'L) relevant,~is believed to be relevant. The licensing officer is authorized to seek assistance of law enforcement agencies or such o ther assistance as the licensing officer believes necessary. (b) The licensing officer shall provide a copy of the results of the licensing officer's investigation. At any time, the licensing officer may supplement the investigation report with additional or newly found information. (c ) The licensing officer shall either issue the license within 90 days of the date of application or schedule a hearing to commence within said 90-day period of time. With 30 days after completion of the hearing, the licensing officer shall render a decision concerning the application for a license. (d) (e) (f) (g) (h) The lice~sing officer has the authority to refuse to issue any license for good cause s~iect to review of the record by City Council. ._al-(-;t'/u_">1 /6 da~/ A co py of the decision of the licensing officer shall be sent to the applicant by certified mail at the address shown on the application. No license shall be issued by the licensing officer after approval of an application until the building in which the business i s to be conducted is ready for occupancy with such furniture, fixtures and equipment in places necessary to comply with the provisions of this chapter and only after inspection of the premises has been made by the licensing officer to determine that applicant has complied with the architect's drawing and plot plan and detail d sketch for the interior of the building submitted with the application. .J/u .. Y. 1(l.t.'" 'J t,i,...._ jb l Upon request of an applicant or upon its own motion • the City Council may review the decision of the licensing offic r nd lssu such order as to the Council appears prop r. Th d cls~on of the City Council shall be con- s~der d th d cision of the City. Th procedur to b followed in the course of hearlng b fore h lie nsing officer or the City Council sh 11 b s found ln E.M.C. '69 1-7-1 et seq. -7- • I • • - • • • • 9-10-6: DISPLAY OF LICENSE All licensees licensed under this chapter shall display their licenses in conspicuous places on their licensed premises in a clear, transparent cover or frame. The license shall be avail- able for inspection at all times by the public. No person shall mutilate, cover, obstruct or remove a license so displayed. 9-10-7: TERM OF LICENSE (a) No license shall be issued until all fees have been received by the City. All licenses granted pursuant to the provisions of this chapter shall be valid for one (l) year from the date of issuance, unless revoked or suspended as provided herein. (b) A licensee under this chapter shall be entitled to renewal of his license from year to year as a matter of course. The licensee must present the license for the previous year or satisfactory evidence of its loss or destruction to the tax collector and by paying the appropriate license fee. Application for renewal of any existing license shall be made to the City licensing officer not less than forty-five (45) days prior to the expiration date. Appli- cations for renewal shall provide the same information as that contained on the application except as waived by the licensing officer as being redundant. Should an applica- tion for renewal not be so made, the holder of the license shall have been deemed to waive renewal of the license. All licenses not submitted for renewal 45 days prior to the anniversary date of the license shall be revoked by the licensing officer. The licensing officer may allow the delinquent licensee to renew after the said date of the anniversary date for good and sufficient cause shown; however, a penalty of 25% of the license fee shall be imposed and collected prior to renewal of the license. -8- • I • • • 9-10-8: (a) • • • SUSPENSION AND REVOCATION OF LICENSE The licensing officer is given full power to suspend or revoke any license issued under this chapter where the licensing officer determines upon sufficient cause that: (1) (2) ( 3) (4) (5) The licensee, his or its agents, officers, servants or employees, maintain or continue to maintain a nuisance on the licensed premises; The licensed premises are unsanitary as certified by the Tri-County District Health Department. The licensed premises are unsafe as certified by . the Department of Community Development or the F~re Marshal. Violation of the ordinances of the City of Englewood, the laws of the State of Colorado or the United States of American has occurred. The licensee, his or its agents, officers, servants or employees on the licensed premises or elsewhere, wh ile in the scope of employment, violate any rule of the licensing officer made pursuant to the authority granted in E.M.C. '69, 9-10-11, whether or not the licensee, his or its agents, officers, servants or employees have been convicted of any su=h violation, shall not be considered in proceed- ings before the licensing officer for suspension or revocation. (b) B fore th licensing officer shall suspend or revoke a license, said licensing officer shall furnish the licensee with a written statement, by certified mail or by personal service of th cause for suspension or revocation of the lie nse. (1) The l~een e hall h v tw nty (20) d ys rom the dat of m iling or person 1 s rvice in which to request in writing a stay of th ord r and h ring on h m tter. (2) (3) If lie ns e hall b a, cross-ex min wit- by eouns l. Th p oe dur or h h r~n b or th lie n ng ofhc r h 11 b as found in E. M.C. '69, 1-7-l e q . I • • - • • • • (4) If the licensee desires an appeal of the decision of the licensing officer after the foregoing hearing, the licensee may thereafter take appeal to the City Council of the City of Englewood, who shall review the record of proceedings before the licensing officer and correct any error in the decision of the licensing officer or make such other order as may appear proper. (c) Criminal penalties: conditions for reinstatement. In the order of the licensing officer suspending or revok- ing a license, the licensing o=ficer may impose a civil penalty aga~nst the licensee as provided in E.M.C. '69, 9-10-30. If the licensee fails to pay the civil penalty, the lic~nsing officer may provide that at the end of the period of suspension, if the civil penalty remaining at the time is still unpaid, the license shall be revoked. 9-10-9: TRk~SFER OF LICENSE/CHANGE OF NAME (a) No license granted by this chapter shall be transferred. ~-<.· ')t <.~ ('(...__.,. (1) Transfer shall e~l~~e any assignment of any interest in the license to any person not identified on the application for the l~cense. (2) A transfer of license includes a transfer of more than 5\ of the outstanding shares of the corporation,~ plilr&QA AQ~ aR applicaut sharehold as desctibea in S9 lO ~ (i) (i-i-) e£eef, (3) The inclusion of any person in a partnership not identified on the application for t he license. (b) The licensee shall not conduct business under a name not submitted to l~censing officer prior to use. (1) License shall submit the legal authority to conduct business under an assumed nam thirty (30) days prior to us . Licensing officer shall deny the use of the proposed n me should the name be misleading, improper, or if the licensee has not shown proper 1 gal author- ity to conduct business under such name or in violation of this ch pter or other law. -10 - • I • • • • (2) The licensing officer shall issue his opinion to the licensee in writing by certified mail or perso nal servic e. The licensee is entitled to a hearing before the licensing officer, should the licensee, with in twenty (2 0) days after date of mailing or service , request such h earing in writing. Procedure shall b e as found i n E.M.C .'69, 1-7-1 et seq . The decision of the licensing officer may be appealed to City Council where decision s h a l l be final. 9-10-10: LICENSE FEE There are hereby levied the following annual license fees under this chapter: (a) Adult ·Book Store $2 ,000. (b) Adult Motion Picture Theaters as follows: (1) having only adult motion picture booths, $100 for each booth; or (2) having only a hall or auditorium, $500 plus $2 for each seat or place; or (3) design d to permit viewing by patrons seated in automobiles, $500 plus $2 for each speaker or parking place; or (4} having a combination of any of the foregoing, the license fee applicable to each under subparagraphs 1, 2 and 3. (c) Adult danc ~ing establishment-$2,000. (d) When any adult entertainment establishment maintains more than one activity, each of the foregoing fees is impos d. 9-10-11: RECORDS AND REPORTS; CONSENT BY LICENSEE )Each licen c shall keep such records and make such reports as m y be requ~r d by the licensing officer, the Department of Commun~ty Dev lopment nd the Fire M rshal to implement this ch pter nd c rry out its purpose. By applying for a lie nse und r this chapt r, an individu 1, p rtnership or corpor tion h 11 be d m d o h v consent d to h provisions of this ch pl r nd o th by th lirPnRlno officer of th p w rs yiv n h m nn r her in sp cified. -11 - • I • ...... • • • .. (b) The licensing office r is authorized to promulgate rules and regulations not inconsistent with this chapter or the Englewood Mu nicipal Code as are necessary to carry out the prov i sision s of this chapter. PART II REQUIREMENTS FOR LICENSED PREMISES 9 -10-1 2 : GENERAL REQUIREMENTS In addition to the special requirements contained in E.M.C. §§ 9-10-13, 9-10-14, 9 -10-15, each licensed premises shall: (a) conform to the requirements of the Uniform Building Code, e xce pt to the e xte nt when a requirement in the Uniform Build i n g Code conflicts with a spec ial requirement contained in E .M .C . SS9-10-13, 9-10-14, and 9-10-15; (b) conform t o t h e r eq uirements of the Uniform Fire Code, except to the e xtent that a requirement i n the Uniform Fire Cod e c on fli ct s with a special r e quirement contained i n E .M .C. SS 9-10 -1 3, 9 -1 0 -1 4, and 9 -1 0-15; (c) conform to the S ~gn Code of t h e City o f En g lewood, S22.7 of th Compreh ensive Zonin g Ord i nance , Ord i nance No. 2 6, Series of 1963. (d) in 11 cases wherein the occupant capa city, as d e termi ned by t h e Fir Mars hal , is at leas t fi fty persons, e xclusiv2 of atte ndants and a ssistants, such structure shall have electric , batte r y-operated , e me r ge n cy lights using reliable type storage batteri s provided with s u i table main tenance in properly ch rged c ondit~on; provid ed, that dry bat t eri e s sha l l n ot be us d, nd further provided t ha t e lec tr ic s torage batteries 11 b approved by t h Fire Mars ha l for their intended use a n d shall comply wi h t h e Na tional E l ctr~cal Cod s adopted by the City of Englewood, nd further provid d tha the provisions of this s u bsection s h a ll not apply to dult motion p~cture the t rs w h~ch ar open-a~r the ters designed to p rm~t viewing b y p atrons se t d in utomobiles. -1 2- • I • • • • ,. • 9-10-13: ADULT BOOKSTORE In addition to the general requirements contained in E.M.C. §9-10-12, an adult bookstore shall observe the following special requirements: (a) All mate ria ls, devices and novelties shall be so dis- played that they cannot be seen by anyone other than customers who have entered the licensed premises. (b) If recordings are offered for sale and customers may listen to them while on the licensed premises, sound- proof booths or rooms shall be available for use by customers who desire to listen, and each such booth or room shall have: (1) one clear window, facing the major portion of the licensed premises, covering not less than one-fourth of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use except when the booth or room is used or viewing motion pictures; (2) sufficient chairs or couches to accommodate the expected number of persons who will occupy the booth or room at one time; (3) the number of persons who may occu py the booth or room at one time clearly stated on or near the door to th booth or room, and only that number sh 11 be permitted inside the booth or room at on t1.me: and (4) th door or door opening into the booth or room 1.ncapable of being locked or otherwise fastened so that it or they will fr ely open from either side. -13- • I • • • - 9-10 -14: ADU LT MOTION PICTURE THEATERS. In addition to the general requirements contained in E.M.C. §9-1 0 -12 , an adul t motion picture thea ter shall observe the f ollowin g special requirements : (a) Each adult mo tion picture booth shall have a rec t angular- s haped entranceway not less than two feet wide nor less t han six feet h igh , and there shall be a door, curtain o r other clos ure closing off the entranceway while the booth is in use, which clos ure shall open outward from the inside of the booth or be capable of being pushed aside. (b) Each adult motion picture booth shall have sufficient se ats or co uches to accommodate the maximum number of person s expec ted to use the booth. The maximum number o persons who may occupy a booth shall be stated on o r near the entranceway, and only that number shall be permitted to be i n a booth at one time. (c) Ad ult motion picture booths, if there is more than one () i n an adult motion picture theater, shall open onto a (d) common corridor, passageway or area that has an exitway or exi t doorway, as def ~ned in the Un fo m Building Code, separate from the other required exits of the licensed p r emises. Thi s exitway or exit doorway need not be ~n use during the normal course of buisness, but an e x it door- w y opening d1rectly to the exterior, whether it is the only ex1t doorway or the last exit doorway in an exitway, shall b equipped with pproved panic hardware as pro- vided 1n the Uniform Building Code. Adult motion picture booths shall be 11ghted, wh enever film m t rial is not being shown , such that the light intensity dl e very po1nt thirty inches above the floor 1 not less than one-half footcandle, but may be in comp l L darkn ss when film material is be~ng shown. common corri or , passageways or areas shall be cons tantly lighted when in use such th t the light intensity at ~very point th1rty inch f rom the floor is not less than f~v e hundredth of footcandle. b tw n adult motion picture booth hall be r1ng p rtition , but they sh 11 b so s to h ve f~re-res~st nee rating of not hour, unless th ar a where in the booths sprinkl r d-'th n s 1d r qu 'rements are one dre loc..1t d i w ived. -14- • I • (f) (g) (h) (i) • • • n adult moti n picture theater having o~ly a hall or auditorium fo r the showing of film mater~al shall be cons idered a "place of assembly" within the meaning of the Uniform Building Code and shall conform to the requirements therefor. An adult motion picture theater having both adult motion picture booths and a hall or auditori~.s~all conf?rm to the special requirements for both fac~l~t~es; prov~ded, that where the special requirements allow ~or common elements to be utilized or constructed, th~s m~y be done with the approval of the Building and Zon~ng Inspection Division. There ~hall be provided within or adjacent to the common corridor, passageway or area in adult motion picture theaters having adult motion picture booths, adequate lavatories equipped with running water, hand-cleansing soap or detergent, and sanitary towels or hand-drying devices; common towels are prohibited. An adult motion picture theater designed to permit view- ing by patrons seated in automobiles shall have the motion picture screen so situated, or the perimeter of the licensed premises so screened, that the projected fi lm material may not be seen from any public right-of- way or residential property. 9-10-15: ADULT DANCING ESTABLISHMENT In addition to the general requirements contained in E.M.C. §9-10-12, an adult dancing establishment shall observe the rollow~ng special requirements: (a) Any person employed or working in the licen ed premises s a dancer shall, while dancing, perform upon a stage o r s~milar structure specially design d for such d ncing. St ges shall conform to the requ~rem nts of the Un~form D iiuing Code, ~nclud~ng the requirements for appurt nant rooms ~f such ppurtenant rooms ar used by Lhc t.:St.:lb li h-ln~nt; prov~ded , that th dancers shall be prov~ded w~th a dressing room or rooms that are not p rt of or used by Lhe publ~c as rest rooms. -1 5- • I • • • • - (b) Where a dancer performs upon a platform or other small s tructure des igned to hold a small number of persons, which is n ot a stage nor -equipped to be a stage for theatrical presentations, the platform shall be level and of sturdy construction and shall be securely fastened to the floor or wall during performances. Steps and handrails shall be provided so that the dancer may mount to the top of the platform safely under the normal operating conditions of the establishment in all cases wherein the top of the platform is more than eight inches from the surface upon which the platform rests. 9-10-16: PART~ ENFORCEMENT OPERATION OF UNLICENSED PREMISES UNLAWFUL It sha ll be unlawful for any person to operate an adult book- store, adult motion picture theater, adult massage parlor or adult dancing establishment unless such business shall have a currently valid license therefor under thi s chapter, which license shall not be under suspension or permanently or cond itionally revoked. 9-10-17: ADMISSION OF MINORS UNLAWFUL It shall be unlawful for a licensee to admit or to permit the admission of minors within a licensed premises. 9-10-18: SALE TO MINORS UNLAWFUL It shall be unlawful for any person to sell, barter or give, or to offer to sell, barter or give, to any minor any service, material, device or thing sold or offered for sale by an adult bookstore , adult motion picture theater, adult massage parlor or adult dancing establishm nt or other adult entertainment facility. 9-10-19: EMPLOYEES IN LICENSED PREMISES (a) pualific tions. Employees of a licensee on a licensed pre m~se s shal-r be not 1 ss th n ighteen years of age. No employ in a l ie ns d pr mi shall h v been con- -l ,_ • I • • (b) (c) -10-20: sani 10n • • • - victed of a specified c riminal act within three years of the date he begins his employment on the licensed p remises, and any employee who is convicted of a specified criminal act while employed on the licensed premises shall not the reafte r work on the licensed premise s for a period of three years from the date of such conviction, unless a longer time is ordered by the court. The term "convicted" shall include an adjudica tion of guilt on a p lea of gui l ly or nolo contendere or the forfeiture of d bond when c harged with a crime, and the terms "employed on the licen sed premises" and "work on the licensed p remises " shall include as well work done or services p erformed wh ile in the scope of employment elsewhere than on the licensed premises. ~roval for e mployment. Before any person may work on a-r ~censed prem~ses, he shall file a notice with the l icensing officer of his intended employment on forms supplied by the licensing officer and shall receive ap proval of such employment from the licensing officer. The prospective employee shall supply such information as the licensing officer requir.es , including a set of fi ngerprints on regular United States Department of J ustice forms. Upon approval, the employee may begin working on th e license ~ premises. If approval is denied, t he prospective employee may , with in twenty (20) days of said denial, apply to the licensing officer for a hearing to be held in accordance with E.M .C. '69, 1-7-1 et seq. The decision of h e licensing officer after hearing may b appeal d to City Council who ma y issue such order as is proper ~n the prern~ses. An investigation fee of fifty dollars s hall accompany the notice of intended e mployment, or a receipt of the l ·censing officer evidence the payment of such fee at the time the notice is filed. Violation of the provi sions of this Code or the rules and regul ions of the licensing officer shall subject n mployec o suspension or revocation of license as provided ~n E.M .C. '69, S9-10- CLEA ING OF LlCENSED PREMISES b ma~nt in d in clean n d cl aned t le st once daily and qu1pm nt r quirem provided -I 7- sup rvised pr mis s. Ther shall be suppli s on he n , nd adequate vent ila- o perm~ borough , complet • I • • • • • cleaning of t he ent i r e licens e d p remises. Tra sh and g arbage sha l l n ot be permi tted to accumulate or to b ecome a nuisance on or in t h e immediate v icinity of the licensed pre mises but shall be dis pos e d of da i ly o r as often as collections p e rmit . 9-10-2 1 : SELF-INSPECTION OF LICENSED PREMISES The licensee o f a licen s ed premises, or his designated representati v e , shall make sanitary inspections of the licensed premise s at least once a month .an~ shall record his findings on a f orm s u p p lied b y t he licens i ng officer. Each licensed premise s shall post and ma1nta~n in a read ~ly accessible place a s c h edule f or maintaining the sanitation of the premises. 9-10-22: 'SEAL I NG FOR UNSANITARY OR UNSAFE COND I TIONS. A licensed premises, or any part thereo f, may b e s eale d by order of the l icensing offi cer on hi s f i ndi ng of a viola- tion o f t h is chap te r resulting in an unsanitary or unsafe condition . Prio r to sealing, the licensing officer s h all serve on t h~ l icens e e, by personal service on him or by post- ing in a c ons p ic uous place on the licensed premi s es, a notice of the violation an d an orde r to correct i t wi th i n t wenty- four hours after service . If t h e v i olation is not so c orre cte d, the licensing officer ma y physica l ly seal tha t portion o f the licensed premises causin g the v i olati o n and o r der the di s- continuance of use t h e reo f un t il the v iolat i on has b een corrected and the seal removed by the l icensing off icer . The licensing officer shall af fix to t h e sealed premises a consp~cuous s~gn labeled "Unclea n " or "Un safe, •• as t h e c ase may b e. 9 -10 -23 : ABATEMENT AS SANITARY NUISANCE A l~ce nsed premises , or any part thereof, may be abated as a sanitary nuisance. 9-10-24: INTERFERENCE WITH INSPECTORS No person shall interfere with or obstruct insp ctors in t he performance of their official duties. 9-10-~5: TAMPERING WITH NOTICES, ETC. No person sh 11 mutilate, obstruct, t r down, r mov or otherwi e tamp r with ny offici 1 notic , s l or po t r unlea uthorized to do so by th lie nsing officer by this c h pt r . -1 - • I • • • • 9 -10 -26 : FALSE STATEMENTS PROHIBITED No per sor. shall knowingly make, induce or cause to be made b y another a fals e, untr ue or misleading statement or a signature of another on a certificate, application, registration, report or other document required to be prepared pursuant to this chapter. No person shall knowingly make a false,untrue or mis~eadin~ oral statement to the lic ensing officer as to any matter ~nvest~gated by the licensing o f ficer. 9-10 -27: UN LAWFUL REPRODUCTION OR ALTERATION OF DOCUMENTS No per son shall reproduce or alter or cause to be reproduced or altered a license, report, certificate or other document issued by the licensing officer if the purpose of the reproduc- tion or alteration is the evasion or violation of a provision of this chapter or any other law. 9-10-28: IMM UNITY FROM PROSECUTION All officers and employees of the City who are acting within the scope of their authority and duties under this chapter shall be imm une from prosecution, civil and criminal,· for trespass upon real property. PART IV PENALTIES 9-10-29 : VIOLATIONS Any person who, knowingly and wilfully: (d) operat s, or procure or acquiesces in the ope$~t~on of, an unlicensed premises contrary to E.M.C. 59-10-l; (b) dmi~s, or procures or cquiesces in the adm~ss~on of, minor w ith~n a l~censed premises; (c) se ls, b t rs or gives, or offers to sell, barter or give, or proc ures or ac uiesces in a sal , barter or gift, or in an offer to sell, barter or give, to any minor any serv~c , device or thing sold or offered for s le by n adult bookstore, adult motion picture theater, dult m s age parlor or dult dancing establishment; (d) m intdin , or procur s or cquie ces in the maintaining of, a lie na d pr mi s in n uns nitary or uns fe cond~tion contr ry to the provisions of thi chapter; -1 - • I • -• • • (e) having a duty to conduct the self-inspection required by E.M .C. §9-10-21, fails .or refuses, or procures or acquiesces in a failure or refusal, to conduct said self-inspection; (f) interferes with, or procures or acquiesces in an interference with, an inspector contrary to E.M.C. §9-10-24; (g) violates a ny provision of E.~.C. '69, S9-10-l et seq; (h) maintains, or procures or acquiesces in the maintenance of, a nuisance on a licensed premises; shall be guilty of a violation of the 1969 Englewood Municipal Code, as amended. For violations that are of a continuing nature, each -day that the violation continues shall be a separate offense . 9-10-30: CIVIL PE NALTIES In addition to or in lieu of the penalties that may be otherwise imposed, the licensing officer may assess the follow- ing civil penalties: (a) A person who operates or attempts to operate an adult bookstore, adult massage parlor, adult motion picture theater or adult dancing establishment without having first obtained a license under this chapter may be assessed a civil penalty of up to three hundred dollars. (b) An applicant for a license under this chapter, and any officer, director, partner, agent or attorney of such an applicant, who knowingly makes a false statement or provides false information on any document or paper accompanying and forming a part of such application, shall b assessed a civil penalty of up to two hundred dollars for ea c h such false statement or false item of information. {c) A liccns e or employe who fails or refuses to renew his l~cense within the period granted by E.M.C.'69, 9-l0-7{b) may be ssessed a civil penalty of up to fifty dollars ' for ach day beyond said period that said refusal or fail- ure continues, but not to exceed three hundred dollars for ach refusal or failure. {d) A licensee, nd any agent, officer, serv nt or employee of a licensee, who maintains a nuisance on the licensed premi or permits the licens d premises to b unsanitary or un af , may be asse sed a civil penalty of up to one hundred dollars for ach day that the nuisance or unsafe or un~ nitary condition conti.nu s. -20- • I • • • (e) (f) (g) (h) 9-10 -31 : • • - A licensee who moves h is licensed premises without approval b y the licensing officer or who changes the name of his business without notifying the licensing officer, con trary to E .M.C. '69·, S9-l0_-:9, may be assessed a civil penalty up to three hundred dollars . A licensee or employee who does not keep the records and make the reports required by any of the agencies herein may be assessed a civil penalty of up to fifty dollars fo r each violation. A licensee, and any agent, officer, servant or employee of a licensee, who fails to correct violations of the general a nd applicable special requirements for the licensed premises, as specified in Part II, may be assessed a civil penalty o f up to two hundred dollars for each violation observed and not corrected within the period prescribed by the licensing officer, the Depart- ment of Community Development, or the Fire Marshal, as the case may be. Any person who aids or participates in a violation for which a civil penalty may be assessed under this chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount f ~escribed for that violation. ASSESSMENT AND RECOVERY OF CIVIL PENALTY Civil penalties shall be assessed by the licensing officer, based upon findings certified by the Department of Community Development or Fire Marshal, giving due consideration to the appropriateness of the penalty with respect to the gravity of the v iolation, the good faith of the violator and the history of previous violations. Civi l penalties assessed and owed under this chapter shall be paid to the licensing officer for deposit into the General Fund and may ~e recovered in a civil acLion in the name of the C{Ly. A licensee my pet1t1on the l~censing effie r 1n accord nee with E.M.C. '69, §9-10-5, for a hearing in review of licensing officer 's decision. Sec ion 2. Sevcrabil~ty. If any provision or clause of this ord:lnance or pplication ther of o any person or circumstance is held uncons i u ~onal or o herwise invalid in any cour of competent jurisdiction, such invalidi y shall not affect other ordin nee pro- visions or claus s or applica ions hereof which can be implemented without the invalid provision, cl use or applic tion nd to his end Lhe provisions and cl us s o his ordinance r d cl red to be sev rablc. -21- • I • • • • • Sect~on 3. Emergency. The adoption of this ordinance is necessary for the preservation of the public peace, health and safety for currently adult entertainment establishments are unregulated and th is lack of regulation is harmful to the business community and the Citizens of Englewood and this ordinance shall be effec- tive upon its final passage according to the Charter of Englewood. Section 4. Penalty. Violation of this Ordinance shall be pun- ~shed ~n accordance with the E.M .C. '69, as amended. Introduced, read in full, and passed on first reading on the 3rd day of Au gust, 1981. Published as a Bill for an Ordinance on the 3rd day of August, 1981 . Eugene L . Otis, 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 and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first read- ing on the 3rd day of August, 1981. Gary R. Higbee -22- • I • • • RESOLUTION NO . SERIES OF 1981 • • • / A RESOLUTION AMENDING THE GENERAL FUND BUDGET . WHEREAS, the City Council of the City of Englewood, Colorado, has approved a 1981 budget; and WHEREAS, the City Council of the City of Englewood, Colorado, has approved salary increases for members of the Englewood Police Benefit Association, Lieutenants, and Captains effective July 1, 1981; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follow : Section 1. The following estimated sources of funds and appropriations are hereby made in the General Fund : Source of Funds Fund Balance Appropriations Police Section 2 . $52,000 $52,000 The City Manager and Direc t or o f Finance are hereby authorized to make the above changes to the 1981 budget of the City of Englewood . ADOPTED AND APPROVED t hi s __ day o f -------1981. Mayor ATTEST : ex officio City Clerk-Treasurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorad o, do hereby certify that t he above and foregoin g is a true, accurate and complete copy of Resolution No. __ • Series of 1981. Gary R. Higb e • I • • • • • MEMORA~ TO:/ -:~ayor Otis and Members of the City Council /~·ROM: Rick DeWitt, City Attorney DATE: July 30, 1981 RE: Resolution Little Dry Creek I have prepared three versions of the above Resolution discussed a t the July 27, 1981 study session. I thought it would be better for Council to discuss this at the study session prior to the Council meeting. I could propose stronger wording however, it could have the effect of restricting Council to a set schedule. I have discussed this with some of the Council and with Staff . As you can imagine it is lt design a resolution that satisfies everyone, refore I offe the three enclosed. cc:Andy McCown • I . • • RESOLUTION NO. SERIES OF 1981 • • • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD DEDICATING THE CITY TO LIMITING THE LITTLE DRY CREEK 100-YEAR FLOOD PLAIN TO THE BANXS OF LITTL DRY CREEX IN THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood believes that the renovation of the downtown area is vital to the con- tinued health of the City of Englewood; and WHEREAS , one of the principal goals of the City Council of the City of Englewood is to foster a climate for downtown improvement; and WHEREAS , the flood plain of Little Dry Creek is a main obstacle in the redevelopment effort; and WHEREAS, it is necessary to have reasonable safety from flooding in the area of Little Dry Creek to foster the climate necessary for improvements; and WHEREAS, the first phase of redevelopment of the down- town area of Englewood is to control and limit Little Dry Creek 100-year flood plain to the banks of Little Dry Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: l . City Council hereby directs staff to continue to worr. with engineers, consultants and Urban Drainage and Flood Control District in the current reevaluation of the Little Dry Creek flood plain to find a feasible cost-effective solution control- ling and lim~ting Little Dry Creek 100-year flood plain to the confines of the banks of Little Dry Creek and prepare plans Lo finance said improvements. 2. That Council shall have a study sesssion Lo t:onnidi'J the same and hold such other meetings and hearings as Lo coun£· J I appear proper. 3. That Council shall adopt a plan for m cLiny Lhc objectives of controlling and limiting Little Dry Creek 100-y~ur flood plain to the confines of the channel of Little Dry Creek. ADOPTED AND APPROVED This Jrd Day of August, 1901. Eugene L. ot~s, Ma-yor _____ _ Att st: ex o • I • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. ________ _ Series of 1981 . • I - • / / • • • • . , ·'A~ RESOLUTION NO/ SERIES OF 1981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD DEDICATING THE CITY TO L IMITING THE LITTLE DRY CREEK 100-YEAR FLOOD PLAIN TO THE BANKS OF LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood believes that the renovation of the downtown area is vital to the con- tinued hPalth of the City of Englewood; and WHEREAS, one of the principal goals of the City Council ~the City of Englewood is to foster a climate for downtown improvement; and WHEREAS, the flood plain of Little Dry Creek is a main obstacle in the redevelopment effort; and WHEREAS, it is necessary to have reasonable safety from flooding in the area of Little Dry Creek to foster the cl imate necessary for improvements; and WHEREAS, the first phase of redevelopment of the down- town area of Englewood is to control and limit Little Dry Creek 100-year flood plain to the banks of Little Dry Creek. NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. City Council hereby dir cts staf f to continue to work with e ngin eers , consultants and Urban Drainage and Flood Control District ~n the current reevaluation of the Lit le Dry Creek flood plain o find a feasible cost-ffective solution con rol- ling and l imiting Little Dry Creek 100-ye r flood plain to the confines of th banks of Little Dry Creek and prepare plans to financ said improvements. 2. Tha Council shall have a study sesssion to consider th s m nd hold such o her m etings nd hearings as o council appe r prop r. 3. Tha Council shall dop plan for Ob)~C iv s of con rolling and limi ing Li tle Dry flood pl ~n to he con ines of th channel of Li 4. Th ny pl n dopt d by Council cons~d r h ne d of th commun1 y or bik p ths, qre nways nd communi y r ila. ADOPTED AND APPROVED This 3rd D y of Auqus , 1981. Eug n L. 0 1s , M yor A t • I • - • • • • • I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. Series of 1981. --------- • I . • • • • • ·• RESOLUTION NO. SERIES OF 1981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD DEDl\::-~.TING THE CITY TO LIMITING THE LITTLE DRY CREEK 100-YEAR FLOOD PLAIN T~ THE BANKS OF LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. WHEREAS, t he City Council of the City of Englewood believes that the renovation of the downtown area is vital to th e con- tinued health of the City of Englewood; and WHEREAS, one of the principal goals of the City Council of the City of Englewood is to foster a climate for downtown improvement; and WHEREAS, the flood plain of Little Dry Creek is a main obstacle in the redevelopment effort; and WHEREAS, it is necessary to have reasonable safety from f looding in the area o f Little Dry Creek to foster the climate nece ssa ry for improvemen t s ; and NOW, THERE FORE, B IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF ENGLE D, COLORADO: 1. City Council hereby d~r cts staff to continu to work w ~th engineers, consultants and Urban Dra~nage and Flood Control D~strict in the current reevalua ion of he Little Dry Creek flood pla in to find a feasible cost-effect~ve solution control- ling and limiting Lit~le Dry Creek 100-year flood plain to the conf~nes of the banks of Little Dry Creek and prepare plans to fin4nce said improvements . he pp 2. That Council shall hav and hold such other meetings r proper. a study sesssion to consider nd hearings as to council 3. That Counc~l shall adopt a plan for meeting tho ob ' c ~v a of con rolling and limiting Little Dry Creek 100-ycar lood pla~n o he confines of the channel of Little Dry Creek. 4. That any plan adopted by Council consider the needs of the communi y for bike paths, greenways and community tr ils. ADOPTED AND APPROVED This 3rd D y of August, 1981. Att ex o I • • t'll I I / • • • I, Gary~bee, ex officio City Clerk-Treasurer o f the City of En ~~~ood, Colorado, hereby certify that the foregoing is a t r~; accurate an d complete copy of Resolution No. ______ __ Sed ~~-Qj 1981. .//' • I • • • MUNICIPAL COURT CITY OF ENGLEWOOD STA TE OF COLORADO CITY OF ENGLEWOOD vs. LAWRENCE BRIDGEWATER and ROBERT MICHAEL SCENIAK, • • - Case No. M-4740 ANSWER BRIEF IN OPPOSITION TO DEFENDANTS'MOTION TO DISMISS Defendants. COMES NOW the C ity of Englewood, Rick DeW i tt, Ci t y Attorney, by Loretta B . Huffine , Assistant City Attorney , and submi ts th i s Answer Brief in opposi t i on to Defendants' Motion to Dismi ss . I. STAT EMEN T OF FACTS Defendants' St tements of Facts are correct. Defendants are both specifically charged with mastu r ba ting wh ile in stalls in the Cinderella City men 's room, where t h eir behav ior could b viewed by plainclothes polic officers in t h e n xt stalls through a 6" x 6" hole cut by vand a l s betw en the stal l s. • I • • • • • II. VAGUENESS The En glewood City Ordinance ll-7-8, I ndecent Acts, is no t u nconstitutionally v a gue , as asserted by Defendant . The Co l o ra do Supreme Court has adopted the test of vagueness sta te d b y the S upreme Court i n Connally v. Gene ra l Construction Co., 269 U.S . 385 , 4 6 S .Ct . 126, 70 L.Ed~2-(l~ " ... a s t atute which either forbids or requires t h e d o i n g of an act in terms so vagu7 that men of common i nte lligence must n e cessar~ly guess a t its me aning and differ as to its application, viol ate s the first essential o f due process of law." s ee Memorial Trusts y. Beery, 144 Colo. 448, 356 P.2 d 884 (1960). The Cour t has also stated in Colo. Auto & Truck Wreckers v. Dept. of Re v e nue, 618 P.2d 646 (Colo. 1980) that: "A statute must be sufficiently specific in order to give fair wrni n g of the cond uct prohib i t e d and, simultane ously , sufficiently general to address the essential prob lem under varied circumstances and during changing times." Further, it has been held that "vagueness or overbreadth c hallen ges . . • wi ll be s u s ta i ned only where the challengi n g party could not h a v e known, from the wording of the regulat i on or s t t u te , t hat ~ts cond u ct was p roscribed." Ch roma Corp. y . £amp b e ll, 6 19 P.2d 74 (Colo. Ap p . 1980); Mr . L u c ky's, Inc . y . Dolan , 1 97 Colo . 19 5 , 591 P.2d 1021 (1 9 79). In Ch roma Corp. y. Campbell , t h e l iq u o r license of plain tiff w s revoked beca u se of "lewd" or "indecent" displ ys. Th court pointed o u t that the conduct plai nt ~ff w s ccus d of fell "so cl arly w~thin th a mb it of t h typ of c o nduct sought to b prohibited t hat it c n n o t b e he rd to 8 rt th t i t wa misled by t h word i n g of the r e gul tion ,• ci t ing Peopl y . ~. 197 Colo. 175 , 591 P .2 d 91 (1 979 ). On l y ~ th conduc t f ll n r or on t h e fr i ng s ot t h d fin itio n would th court h vo c onsid r d a vagu n s or o v r br dth ch 11 ng S nc th c onduct of t h e pl intitf f 11 80 q u a r ly within th p c~ 1c proh1bition o f t h r gul tion, th court h ld ~t h d nol show n th t th r gulation w un c on titut1on l 8 to -~- • I • • - • • • • itself, a necessary prerequisite to a challenge as to overbreadth. Another recent ca se, R & F Enterprises ~· Board of County Commissioners of Adams County, 606 P.2d 64 (Colo. 1980), reiterated the proposition that a court has a duty to construe a statute in such a way that it is not void for vagueness whenever a reasonable a nd practical construction can be given to its language. "(W)ords and phrases used are to be considered in their generally accepted meaning," 606 P.2d at 66 . The statute in question there used the words "good moral character." The court concluded that men of common intelligence had no need to guess at the meaning of the challenged language, and adequate notice was given. Citing Weissman~· Board of Education, 190 Colo. 414, 547 P.2d 1267 (1976), the court said, "[I]t is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the case at hand." Colorado has further adopted the rule that statutes (ordinances) are presumed constitutional and will be upheld unless it is clearly apparent they are not constitutional, Allen v. Bailey, 14 P.2d 1086 (1932). Thus, in constru~ng a statute, the court must ascertain the intent of the Legislature and give the statute that possible construction which will render it effective and accomplish the legislativ intent, Dekelt v. People, 44 Colo. 525 , 99 P .330 (1908). In the instant case, def ndant is c harged with an indecent act , i.e., public masturbation. Men of common intellig nee would have no hes~tation in dec~ding that such conduct is proscribed by the ordinance. Defendant was given fair warning by the langu ge of th ordinanc and cannot now assert that he could not h ve known th t masturba ing in view of another person would not b prohibited by th Indec nt Acts Ordin nc • Defendant's conduct f lls o squ r ly within th mbit of th typ of conduc sough t to b prohib~t d by th City of Englewood, that h c nnot rgu th t -3- I • • • • • he was mi~le d, or that the wording of the ordinance is unfair, or ,:.~ .. mstitutionally vague, when ·appLied to his conduct. Considering "filthy" and "indecent" in their reasonable and practical construction, and considering the facts of the case at hand , this Court cannot find said ordinance vague. III. OVERBREADTH Defendants have no standing to challenge the ordinance on an overbreadth theo=y. Defendants' conduct is clearly prohibited by the ordinance and their attempts to gain standing by asserting that their acts constitute protected speech under the First Amendment is totally unpersuasive. In People ~· Edwards, 598 P.2d 126 (1979), the defendant challenged the definition of "sale" in a statute as being fac~ally overbroad in that it proscribed speech as well as physical acts. The Supre.me Court held that the defendant had no standing to raise such a challenge since the conduct of which he was convic ted was clearly prohibited by the statute. Similarly , Defendants in the instant case are charged with an act, not with words or langu ge. A 1 ad~ng Color do case, People v. We eks , 591 P.2d 91 (1979), h s held hat: " ••. use of the doctrine [of overbreadth) is reserved for those defendants whose speech is at the fringes of that activity which the statut is designed to r gulat . Those defendants whos speech is central -4- • I • • • • • to the interests which the statute seeks to protect and is clear ly of a type regulated by the statue in question , cannot attack the statute as overbroad. They must demonstrate that the statute is uncon- stitutional as applied to them" Citing Broadrick v. Oklahoma, 413 U.S. 601 (1973) and Bolles ~· People~ 18 9 Colo.394, 541 P.2d 80 (1975). In Weeks, the telephone calls made by the defendant were "at the core of the privacy interests which [the statute was] designed to protect." Thus, the court held it would have had to speculate to predict whether another defendant would refrain from speaking because of fear of prosecution. This is the "chilling effect" that numerous cases have discussed when grant- ing standing to attack overbreadth of a statute dealing with First Amendment rights. In the instant case as in Weeks, this Court would have to specul ate as to what other defendants in what other circum- stances would have thei r First Amendment rights "chilled" by these prosecutions. Defendant s ' actions here are at the ve ry core of the activity this ordi nance seeks to prohibit. IV. Englewood City Ordinanc 11-7-8 do s not confl~ct w~th th Color do Constitutional Grant of Power to Horne Rul City und r the provisions of Article XX, Section 6, of said Constitution nd is therefor valid. Engl wood, Color do, is hom rul city. S Th City of Engl wood v. Save the Park Associ tion, 395 P.2d 999 (196 4 ). -s- I • • • • • In the absence of any express state declaration to preempt, the mere enactment of a state statute does not constitute a p reemption of the matter regulated by the state. Of course, the home rule city ordinance cannot forbid what the state statute authorizes nor authorize what the state statute forbids. The two can co-exist when the subject matter proscribed by both is of state and local concern. City of Aurora ~· Martin, 507 P.2d 868 (1973 ), Retallack~· Police Court of City of Colorado Springs, 351 P.2d 884 (1960), Velva~· People, 484 P.2d 1204 (1970), DeLong~· City and County of Denver, 576 P.2d 537 (1978) City and County of Denver~· Howard, 622 P.2d 568 (1981), Quintana~· Edgewater Municipal Court, 498 P.2d 931 (1972). Also, this ordinance properly furthers a legitimate governmental pur- pose and does not infringe upon a fundamental right. People ex rel Dunbar ~· Kogul, 501 P.2d 738 (1972) and see generally People ~· Weeks, 591 P.2d 91, and People ex rel Van Meveren v. County Court, etc., 551 P.2d 716. Discussing without conceding that Section 18-7-301, Colorado Revised Statutes, 1973, as amended, et s eq., a re controlling, certa inly the area of public indecency is of sta te concern. So also Indecent Acts proscribed by Englewood Municipal Code 11-7-8 are of City or local concern . It is basically fundamental that the health, welfare and safety of human beings within the city limits of Englewood is of paramount concern to this mun~c1p lity. This is especi lly true concerning masturbating in publ1c place. Such d relictions, being minor in nature, re dis osed of f st r nd at a lower judici 1 1 v 1 with the rem dial effects of swift ly punishing the violator nd insur1ng his nd nee and m ningful p rtic~pation in remed ia l m die l progr m This is s n s h ving th alut ry effect of resolv- ing problems s w1ftly t th low r level with th re onable -6- • I • • • • expec tation that this corrective action will prevent more serious future recurrences. Also, there ·is less likelihood of media coverage. The Englewood Municipal Court is better equipped to handle these swift dispositions than ~he Court of the State. See general ly Quintana ~· Edgewater Municipal Court, supra. The State Statute and the Englewood Municipal Ordinance properly co-exist and are not in conflict with each other. See Woolverton v. City and County of Denver, 361 P.2d 982 (1961) at page 987. The defendants' attack on the Englewood Municipal Ordinance that the State has usurped the field is without merit. Likewise, trying to tincture the Municipal Ordinance by bringing it within the umbrella of obscenity is misplaced and not relative. See II g ene rally People v. Weeks, supra. • v. CONCLUSION A statute is presumed to be constitutional, and a party challenging a statute must establish its unconstitutionality beyond a reasonable doubt, reople ~· Albo, 195 Colo. 102, 575 P.2d 427 (1978); People~· District Court, 185 Colo. 78, 521 P.2d 125 4 (197 4); People~· Summit, 183 Colo. 421, 517 P.2d 850 (1974). Defendants have not met their burden. Further, if statute is susceptible to different interpre- ations, on of which is constitutional , the constitutional construction must be adopted, People ~· Garcia, 197 Colo. 550, 595 P.2d 228 (1979); People~· Washburn, 197 Colo. 419, 593 P.2d 9 2 (197 ); Dupr y ~·Anderson, 184 Colo. 70, 518 P.2d 807 (1974). As pr viously rgu d, this Court m y not speculate as to possible unconstitutional ppl~cations but must view the ordin nc in -7- • I • • - • • • • l i ght of the facts of the case. Since Defendants' conduct falls so square ly within the ambit of conduct sought to be prohibited, the law is not unconstitutional as applied to Defendants, nor is it unconstitutionally vague or overbroad (even if Defendants had standing to assert overbreadth). CITY OF ENGLEWOOD RICK DeWITT , CITY ATTORNEY By~~~~-L~ta B. Huffine 17664 Assistant City Attorney 3400 South Elati Street Englewood, co 80110 761-1140 CERTIFICATE OF HAND DELIVERY I HEREBY CERTIFY that I have this day of July, 1981 hand d elivered a true copy of the foreqorng Answer Brief in Opposition to Defendants' Motion to Dismiss to student attorney Dianna Richett for Defendant Bridgewater and student attorney Janice Finch for Defendant Sceniak at Englewood City Hall, 3400 South Elati , Englewood, Colo r~do. -8- • I . • • • • 7 J DISTRICT COURT ARAPAHOE COUNTY STATE OF COLORADO Case No. A80CR6 MOTION FOR STAY OF ORDER THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellee, vs. JOHN DAVID HAMMES, Defendant-Appellant COMES NOW the City of Englewood, Plaintiff Appellee in the above captioned case, Rick DeWitt, City Attorney, by Loretta B. Huffine, Assistant City Attorney, and moves for a stay .of the Order issued July 20, 1981 in which this Court held that Englewood Municipal Ordinance 11-6-15, Resisting Arrest, is unconstitutionally vague and overbroad. AS GROUNDS THEREFOR, the City alleges: 1. That the City of Englewood will be appealing this Order, and such appeal will necessarily take a substantial amount of time. 2. That continued effective law enforcement in the City of Englewood necessitates that the City and police force continue to enforce the ordinance in question pending a decision by the Colorado Supreme Court. 3. That numerous other cases are currently pending in the Englewood Municipal Court involving violations of this ordinance, which cases may be dismissed by the Municipal Judge if this Court's Order is not stayed; and the City has no other remedy in regard to those cases save this Motion. 4. That said ordinance is practically identical to ordinances in several other municipalities in the Denver Metropolitan Area, and this Court's Order may have far-reaching adverse effect on law enforcement in other municipalities. WHEREFORE, the City of Englewood respectfully moves this court for a stay of its Order, pending the outcome of further appeal of this case. CITY OF ENGLEWOOD RICK DeWITT, CITY ATTORNEY By ~Lo--re~t~ta--=s-.-H~u7f7fTi-ne----~,~6~6~4~-- Assiatant City Attorney 3400 South Elati, Englewood, CO 761-1140 80110 • I • • • • ,. • DI ST RICT COURT, AKAPi\P.OE COC::TY, COLO~-\DO Civil Action No. A80CR6 -------------------------------------------------------------- ORDER -------------------------------------------------------------- THE PEOPLE OF THE STATE OF COLCFA~O. Plaintiff-Appelle , vs . JOHtl D.i\VID HAMM ES , Defendant-Appellant. -------------------------------------------------- THIS MATTER came before the Court on appeal from the Judg- ment of the Englewood Muni cipal Court convicting the Appellant of the offense o f resisting a rres t , a violation of ll-6-15 of the En ~lewood Municipal Code . Trial was to the Court on May 16, l9 fl0. The fo ll ovdnr~ !'.t·0un<.ls ilre n lleced l>y the Appellant : 1. The evidence \·J.::t!: insufficient as a matter of law to convic t the defendant of resistin g arrest . 2. The OrJi nance o£ which the defendant was convicted was u constitu ionally vague and overbroad. 3. The Ordinance of which the def ndant was convict d violat d defendant's First Amen dm ent righ ts; and It . The Orctin ancc •,:,1s 'Jncon st itutionaj ly app:ied cu i..itt.: deiend<~nt:'•; con<.lucL in LhJ.s case. The facts or rhe case wer not disputed. The Defendant- Appell <mt John David HarrJPes stood on a public sidewalk and asked the officers rep~al dly not to hurt his friend who was involved in an l t.: rc tiot \,:1ile b1·inr arrcs ed by several police officers. The of[ic r tcst:lfied that there ~:as no physical action taken by th d cndant.: a~ninsL the officers, and there was no physical contac t be ;1ecn thl! Dc[l ndant-Appt·llant and any oth r policP. offic r . Th p ic officer further testified that he was at ct ptinr to ar1cst ~notlcr individual (the defendant's friend) and h • ndvi s •d t!r llar.un " to step back out of the way and remain inactiv'. The officer fut her te tified that Mr. Hamm s got • I • -·. • • • • • Dl::>TRICT CO URT. AKA PJ\EOE COt:~:TY, COLO~.DO Ci vi l Action No. A80CR 6 -------------------------------------------------------------- ORDER -------------------------------------------------------------- TH E PEOP LE OF THE ST ATE OF COLCRA~O. Plaint if f-Appell e vs . JOH!l DAVID H.Al'!M ES , De fe nd a nt-Appellant . ---------------------------------------------------- THIS MATTER came before the Cou rt o n a ppeal fro m the J udg- ment of the En glewood Municipal Co u r t conv i cting the Appellant of the offense of resi sting rre s , a vio l a tion of 11-6-15 of the En ~lewoo d Municipal Co de . Trial was t o the Court on May 16, J CJRO The lollovlin r; l'I"niiiHiq nrc n lleGc d l>y t he Ap pell an t: 1 . The cvi clcncL' \· .. 1!. insuff. ci ent ;n a matter of law to convic t the defendant o resis ting ar res t . 2 . The OrJi nance oi which the de f ncla nt was co nvicted wa s uncon stitu i on ally va gu and overhroad . 3. The OrcJjnanc~ of which the def ndant wa s conv ict d vio lat<d dcf ndant's First Amendment rights; a nd 4 'Jh Ordir..:mcc ;.:n:; Jncon:>titutionaj ly app :i d c.u !.iu;: cJ ieud.lllt ' '• COIH.IIICL lll th S t'<JSC , Th• f~cts of t he c su w r not dispu te d . The Defendant- Appell tnt John D.1vid Harr.r.(•s stood on a public sid ew lk and ask d Lh offic r r p~at dly not to hu rt his friend who was involv d in n • lt~.:rc. tion ,,•l!ilc bt·inJ rn.st d by several police officers. The officct· tcSt.:J..i".icd tl 1 there \·'a s no physica l action taken by the d('l 'nuatlt.: r,r.inst l:h o fi cr s, and th're was no physic l conlac.:t.: be :e n the !Jcf nti;mt -i\pplllant and any oth r police of.icc•r. 'J!H. pol i c nffil'Cr furlh r t sti[i d tha t hew s tt t.ptin, LO nrre:.t <mother ind'vidu l (thc defendant's fri nd) anu lw c.Jvistd !r II r.ll'l·s to st p b ck ou of the way and rem in in ct iv ·. l'h o ficcr iutth r t •. tified that Mr . H rrun got • I • • • • • • • close eno u Lh to t hem so that he felt threatened . "He was yelli n~ at us n ot to hurt Mr . Sandstead and telling us that \·le had no right t o arrest him." However, there wa s no evidc:nce presented Lhat he int e rferred with, prohibi ted or delayed che arrest; ther e wa s no e vidence of resistance on the part of Appellant. The Court h as r ev iewe d the transcript of proceedings , the Appell a nt's Brie f, Appellee's Ans wer, as well as the Reply Brief. The Court has further conducted independen t research . The Ordinance reads: It sha ll be unl a wful for any person to r es is t any poli~e officer, any member of the police depa rtment, or any person duly empowered with po lic e authority while i n the discharge of , or apparent discharge of, his duties; or in any way interfere or hinder him in the discharge of his duty. In the Municipal Court t he Court found that App e llant's behavior was suf fici en t to violate the Or dinance. There was no cla im tha t the speech was in the fighting words doctrine . The figh ting word s doctrin e was firs t establ ished in the opinion of ~_!ll!.fllJ!)_sky _y_. __ 'ew _H a~hire, 315 U.S. 568 (191,2). The LesL ust·d for fip,htinr. words is: "w h.JL men of common inLcllicence would unclersLand to be word s likely t o caus e an avera ge addresse Lo fight." The Supreme Court in Gooding v. Wilson, 405 U.S. 518 (1972 ) struck down a Geo rgia statute puni shing th e u sc of "approbrious words o r a busive language, tending to cause a breach of t he peace," as ove rbroad and a viol ation of the guarantee of free speech . In Landra v. Daley , 2 80 F.Supp . 968 (1968). a municipal ordinance rca in part: Any person who shall rc~;:st nny offjc<'r o f the pol H t clepo.~. Llll'-'lll in Llw discharge of his duL ies , or bh, ll in any way interfere with or hind er or prcv nt him lrom discharging his dut ies as such officer, or shall offer or endeavor to do so, .. nd wa~ found to be vague and overbroad. Th e Court stated at Pace 97'3 : ·n"· plll.t~ws "in Ll•c JJ.scharg • of hi s duties" or "from discharp,ing his duties as such officer" are v.g u • and ind finit and would cover unauthorized or exec sive action by a p ace officer i n carrying out his duti s . • I • • • • • • J The terms "inter f ere v.i th" and "hinder" are vague and indefinite and could co ver inno c ent s peech or inaction. Nothing in t he municipal ordinance limits in any way the inclusion of speech to that speech which is insulting or in fighting words . It leaves completely to the discretion of the officer wh at constitutes i nterference with or hindrance to him in the di schar ge of his du t y . In the People In the In terest of C .M., Brief Times Reporter, June 29, 1981, p . 559 at 661: ------ The absence of objective cirteria in the s tatut ory prosc riptio n points up the serious potential f o r arbitrary and discriminatory enforce- me nt . A standardless delegation of discretion in enforcement impin g e s on basic notion s of fairness aL the root of the void-f or-vaguenes s doctrine . See, e .g., ~o l c en v . Kentuck z, 407 U.S . 104 , 92 S . CL 1 9 5 3 , 3L L.Ed . 2d 584 (1972); Arnold v . City a nd Co u nty o f De nv er, 171 Colo. 1, 464 P.2d 51 5 (1 9 70). Th e o r d i n a nce therefore does not meet con sti tutional standards and is i n violation o f the First Amendment. In N.A .A .C .P . v. Button, 37 1 U.S . 415, 83 S .Ct. 328, 9 L .Ed. 2d 405 (1963), the Court to t a Les: The ob j ectionable quality o f vagueness and over - b re d th do cs n o t depe nd upon absence o r fair notice . . . but upon the dange r of tolera ting in the area o f F irst Am e n dm e n t freedoms t he existence of a penal sta tu L · s us cept i b l e o f s weeping and im p roper appli- c a tion ... Because First Amendment fr eedoms need breath i n g sp a c e t o survive, g overn ment may regulate in t he area o n l y wi th n a rrow specifici ty . The threa o criminal pr ose c ution und e r an ordinance which is vap,ue Lo the point Hhere a nything whic h i rritates or annoys an officer can be used a~ain s t h e defendan is cl e arly the evil which the First Amen dment was designed to prohibit . Cohen v . California, 403 U.S. 15, 91 S .Ct . 1780, 29 L .Ed .2d 284 (1971). This Court finds Lha t t h e F~lewood Ordinance 11-6-15 : ResisLil)JL~n Officer is unconstltutionall y vaeue and overliroad . FurLhL"I , givt:n Llw fn c t ::; of this cas e, the ordinance was u nconsdLuLion 1 a:; appli <•d Loth defend a nt's conduct in this case.·. Af Ler r vi ~·d nr; v<•Jdicl nnd jttdl~'''l'lll . h reco rd, t his Cou r t conclud s that t he is not s uiJp Or Lc d by the cvid n ee. • I • - • • • • • IT IS THEREFORE ORDERED chat the Jud gme nt of the Englewood Municipa l Court convicting the Appellant of resisting an officer of the law is reversed. 'r)o Done in Chambers chis ~ Colorado. BY THE COURT: ~J ~u:-- E S. STEINHARDT rice Judge da y of July, 1981, ac Licclecon, • I . - • • • • • ltl THE DISTRICT COURT IN !It'D fOR THE COUllTY Of ARAPA HOE AND STATe OF COLO RA DO Civil ACt i On No, 81 CV 1079 SOON Yf' SCOTT dba Ne w 1' ~ ~assage, Plaint if f, r_lltt.ri ft IA4.NNIN~ C:r (OFf\: ,1··1 r l Y...'Hf ARAPAHO( COU!<TY, COLO. vs. ORDER AND C! TAT ION CITY OF ENGLEW OOD , a Mun icipal corporation of the Sta t e of Col orado, Defendants . TO SHOW CAUSE Pursuant to Rule 106 Complaint th1s /fh; day of v~ , 1981, and THIS MATT ER coming on to be hea~d u n Plaintiff • s whereas he Court having e xa m1 ned the omp~ the sup- porting affadavit , and sta enents of counsel, and WHfREAS it appears to the Court hd tht Def •ndan t may hav abused th ir discretion, exc eJ d 1ts JUrl&dlc 1on; and hlf£REAS th< act1ons of the Def ndant may have b en arb1tr ry and c pricious, anJ an abus of i 9 au hority and chscrf t1oni and WH!:Rt:AS t t' ct 10n9 ot hu 'ef ndant mdy hav amount to a dental o th Plaintiff of u proc sa ol law nJ d dC'privetion ot ptupe t·ty w1thout d 1 roc a of w end JU r- n ('•d o lh<n ty •he C'<'n tltut1c.n ot th Untted Statc·s .md the Canst I tut ton of the 1: at of Col ra o o h 1 r i' r('par- , .. -·..-.-..............- • 7/c.. I • - • • • • WHEREAS it ~auld appear to the Court based on the matters and thtngs staled and contatned in sat<i Com latnt and supporti ng affadavtt tha ·rreparable damage and lnJury would result to the Plaintiff it said license is no issued ; and WHEREAS the Pla1ntif! herein has no plain, speedy and adequat rem dy oth r than through this proceeding; and WHEREA the Co urt specifically finds as follows: THAT by refusing to issue the Plaintiff's Health Opera- tor's License the Defendants may have caused the Platntiff to suffer irreparable Injury, loss and damage; and THAT the ac ions of the Defendant may have amounted to a denial of Constitutional Rights, both Federal and State to the Plaintiff's irreparable inJury, damage and loss. NOW THEREFORE, BE IT ORDEREU, that the [•efendants show cause why sud dental of Pl•intiffs applic t1on fol:" a Health 0 ratot 's Li nse 1s not 1n d t~at1on of Pla1nt1lt 's Conatituttonal or Statutory rights, and "hY satd dental should not b r versed. IT lS th comvlete record of the d o f , Includtn~ all alplication&, r solutions, and a transcr1p o the h ar1ng held on M&y 11, 1981. [)Clt AtiD • !Gti<U 1981. ,.C I'!' thiS day of • I • • • , . • BY THE COURT; I • • • • • • • r 7 L i BY AUTHORITY ORDI NANCE NO . SERIES OF 198_1 __ __ COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMB E R ______________ _ A BILL FOR AN ORDINANCE AMENDING T ITLE I, CHAPTER 7, OF THE ENGLEWOOD MUNICIPAL COD E '69, AS AMENDED, RELATING TO RULES OF PROCEDURE BEFORE HEARING BODIES OF THE CITY AND PROVIDING FOR APPEAL THEREFROM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title I, Chapter 7, Sections 1 through, to and 1nclud1ng 7, of the E.M.C. '69, as amended, relating to rule s of proced ure before hearing bod ies of the City and providing for appeal therefrom b e amended to read as follows: 1-7 -1: P URPOSE AND APPLICABILITY The purpose of the rules of procedure contained herein i s t o provide a uniform, consistent and expeditious method of procedure for the conduct of all hearings held before the City Council, or any board, comm is sion, o r official of the Ci t y . The p rovisions of this chapter shall be applied uniformly in all such hearings; provided, however, that any boa rd, commission, or offici al may supplement the p r ovi s ions of this chapter by the adoption of further r ules of procedure not inconsistent herewith. All rules adopted to supplement the provisions of th is chapter by any board, commis sion, or official shall be r ed u ced to wr iting and copies thereof sha l l be made available to the public . othing herein contained shall be construed or interpreted to grant to any person a right to appeal to the City Counc1l or to any board, commission , or official of the City, or to have a hearing before the same, unless the provisions of the City Charter , any applicable State sta u e, or other ordinance, grants such a right, the sole purpose of this chapter being to establish procedural rules for hearings otherwise required by the provisions of other laws. 1-7-2: DEFINITIONS (a) As used in this chapter: (1) Ael!linieeraeive HEARH!G body sh 11 mean th C1ty Council or a ny board, commission, or official of the City . I • • • • • (2) Clerk shall mean the City Clerk or the secretary of any board or commission or other appropriate offic ial. (3) Applicant shall mean the petitioner, appealing party, or complainant. (4) Opponent shall mean any person in interest opposing the applicant. (5) Aggrieved person shall mean any person having a direct and substantial interest in the outcome of any quasi-judicial hear- ing, or any person having a right of appeal therefrom by virtue of any Charter provision, State statute or ordinance. (b) Department Heads or authorized officials of the City, or the City itself, may be applicant or a respondent, or an aggrieved person as the case may be. 1-7-3: NATURE OF HEARINGS (a) Quasi-Judicial Hearings. The provis1ons of Section 1-7-7 hereof shall be applicable only to those hearings where the ~e~i~~~~r~~ive HEARING body is called upon to exerc1se a power of a judicial or quasi-judicial na ure, which, for the purpose of this Chapter, shall be deemed to ee~~i~~ e~ y e INCLUDE, BUT NOT BE LIMITED TO, the following: (1) Hear1ngs before City Council upon appl1ca- tion for he issuance, or hearings for th suspens1on or r vocation, of liquor or ferm nted malt b veraq l1 c nses; (2) HEARINGS BEFORE CITY COUNCIL upon ordinances which zone or re-zone realty; ORDINANCES WHICH ~~"ex~~ie~ ANNEX erei"~"ee~ PROPERTY TO THE CITY OF ENGLEWOOD; and upon all ct (3) appe ls from h d cisions of ny Ci y of ici 1, board or commission, wh re such an pp al is e~herwi author1zed BY CHARTER, STATUTE OR ORDINANCE, and ~hich requires an ev1d nti ry h arinq to d rm1ne such app al. H aring nd App -2- b for th Bo rd of Ad)US l upon appeals from ny I • • • Ht • • • of the Department of Building Inspector or upon requests for a variance or exception from the terms of any ordinanc e. (4) Hearings before the Board of Career Service Commissioners upon appeals from disciplinary actions against employees. Ht (5) Hearings before the City Council or any board OR commission or official respecting the issuance, suspension or revocation of any license issued by the City, or the imposition of any assessmen ts or penalty. (b) Adrn1nistrative Hearings. All other hear1ngs before an aemi"i~trative HEARING body shall be deemed to be administrative hearings the pur - pose of which is to obtain information to enable Council to determine legislative policy or to enable any board or commission to make recommendations to Council upon proposed or pending leg1slation. Such hearings shall be conducted ln compliance with the provisions of Sectlons 1-7-4, 1-7-5 and 1-7-6, and in such manner so as to enable any person desiring to be heard a reasonable opportunity for the pr s n a ion o his views, bu ther shall be no requ1t m nt for compllanc with the provis1ons o S ct1on 1-7-7. (c) THE lU ESTIO OF WHETHER A HEARING IS ADMINIS- TRATIVE OR QUASI-JUDIC IAL SHALL BE RAISED AT THE HEARING A D THE HEARIN G BODY SHALL RULE THEREO OR MAY ADJOURN THE HEARl G FOR LEGAL ASSISTANCE. 1-7-4: CO~L'-1£ CEMENT OF PROCEED! GS -J- I • • • • - t h e appe al wi thin a period o f thi rty (30) days from the d a t e o f t h e d ecision being appe a led, unless a d i ffer ent time for appeal is set by t he Charter, S t atute o r other ordinance involve d. 1-7-5: RE F ERRAL TO ABMINIS~RA~IVE HEARIN G BOD Y Up on r eceipt by the clerk of any applicatio n, peti tion, no tice of a ppe al, comp l a i nt, or o t h e r ins trume nt i nitiating a hearing , t he same s hal l b e r efe r r ed t o t he adM i n i s~r a~ive HEARING body h av ing j urisd ict i on over the matter , and a date, t ime and p lace f or he aring thereo n s ha l l be set b y sa i d adM i n i s~r a~i ve HEARING body , which shall d irect public notice t her eo f to b e given , if otherwi s e r eq u i r ed; p r o v ided, howe v e r, that t he a dMinis ~ra ~ive HEARING body may authorize its c lerk t o s e t a date , time and place fo r hear ing upon r e c eipt of such instrument without the neces s ity f o r act i on by t he adMinis~ra~ive HEA RI NG body its elf . 1-7-6 : PUBLIC NOTICE Publ1c notice , if required , of the date , time and place of the pu b lic hearing s hall be given in the manner provided by t he Cha r ter, Statute or ordinance pursuant to which said hea r ing is to b e he l d. In the absence of provisions specifically delineating the manner 1n which public notice is to be given , notice of the date, t1me, place and purpose of the hearing to be held shall be published once in that newspaper des1gna ed by City Counc1l as the City 's official newspaper not less than fifte n (15) days prior to the date of said hear- 1ng. In the event the public he ring is postponed, no ic shall b given of the date, time and place to which the hear1ng h s be n postponed , either by caus1ng further no 1c to b publ1shed, as above prov1d d, or by publ1cly announc1ng at the date, time nd plac set 1n th orig1n 1 notice of the hearing's postponemen of the n w da e , time nd place when and where he post- poned hear1ng shall be held. 1-7-7: QUASI-JUDICIAL HEARINGS ( ) Righ s of P rticipants. All quas1-JUdicial he r1ngs, s h reinabov designat d, sh 11 b conducted FOLLOWING proc dures: a %% 'n e r h a % T !:n a %% e -4- I • • - • • • • (1) ~~e aa~i"~sereeieft e£ ea~hs ~e All parties or witnesses who appear for the purpose of testifying upon factual matters SHALL TESTIFY UNDER OATH; (2) The cross-examination, upon reques t of the intere sted parties, of all witnesses; (3) The stenographic, or other verbatim, repro- duction of all testimony presented in sa i d hearing; and (4) ~liTHIN 30 DAYS AFTER A QUASI-JUDICIAL JffiARING, a written decision by the hear- L og body which shall set forth the f actual bases and reasons for the d e cision rendered. (b) Order of Procedure. %ft aft AT quasi-j udic ial heari ~gs, as here~" aesi~"eeea 7 the following order of procedure shaii be £eiiewea IS REC0~1ENDED AND MAY BE MODIFIED BY THE HEARING BODY INHEN CIRCUMSTANCES REQUIRE THE ORDER TO BE CHAN GED : (1) l 'irst, ~here shaii be ~rese"eed those d o c uments showing the r e gularity o f the c :ommencement of the proc eedings and the due .f "orm o f the public noti c e given. (2) ~!ext, the applic ant'S s~aii ~reseftt F'RESENTATION OF such mater i al ev i den ce , i f a ny , as he des i r e s. (3) T h e ad~i"iseraeive HEAR I NG bod y shaii MAY, upon completion of the p r e s entation of the applicant 's e v ide n ce , ca l l upon any person p resen in support of applicant 's position o present such e v idence a n d information a s he may desire . (4 ) 1'he r eaft r , th ed~i"i traeive HEARING body shaii MA Y call fo r the p r es nta 1on of information nd evid nee from ny p e rson ~·resent at th h ar1ng who desi r es to oppose t he ppl1cat1on , p tition , app eal or complaint . -s- • I • - • • • • ,. • {5) The applicant shaii MAY then be given an opportunity to present any further matter in opposition or rebuttal to the matters presented by the opponents. {6) All documents, or other item s of physical evidence, shall be marked as exhibits with such identifying symbols as may be neces- sary to determine the exhibit referred to by any witness or other person. {c) Rul e s of Evidence. The adm~~~~trat~ve HEARING body shall not be required to observe any formal rules of evidence, but may consider any matter which a majority thereof conclude is r easonably reliable and calculated to aid the hearing body in reach i ng an accurate determination of the issues involved. {d) Deliberations and Net~ee or Bee~eie~ VOTE. Each admi~ietrative HEARING body is authorized to delibe rate upon the issues presented at the hearing in private, non-publ1c sess1ons; pro- vided that no decision shall be effective except upon a vote of the members of the hearing body, conducted in an open session thereof.wh~eh ehaii be d~iy reeerded in the m~nttte~ e£ the admi~i~ trat~ve body~ Aii deeie~e~e ehaii be ~~ writ~~~ and a eepy e£ the ~ame ehali be delivered to the ap~iiea~t a~d ether ~ntere ted partie~; via eerti ~e ma~i at the addre~ et forth i~ the appi~eat~e~; petitio~; eem lai~t or ~etiee or appeai , tt~less ~a~d deeieie~ ~ to be embodied in an erd~~anee whieh is pttbi "ehed by the pre- vi~~en he eharter, or ~~iee~ the eharter; St at~te or erdina~ee ~nder whieh the hear~~~ ie bei~~ een tte reqttiree notie o£ th ei ion e b ~ v ~ in a different manner~ {e) THE PARTY WIIO APPEALS A DECISION OF A HEARING BODY SHALL PAY FOR PREPARATION OF THE VERBATIM RECORD A D EXHIBITS OF THE HEARING FROM WHICH THE APPEAL IS TAKEN. et (f) Judici 1 Enforcement and R view o Decision. Any party aggr1eved by n ad ini tra v HEARING body 1n any quas1-judicial h ring, or the C1 y 1 self, may apply o hav said d c1sion r vi w d y cour of comp t nt jur1sdict1on, in ccord nee w1 h h provions th refor I • - • • • • • c ontain e d wi thin the Colorado Rules of Civil Procedu r e . prov~~e~ ~he ee~~o" ~s ee~eftee~ ftO~ mere ~heft "~"e~y ~9et days s~eseq~e"~ ~e ~he ~a~e e£ se~~ ~ee~s~o" er w~~h~" s~eh shor~er ~~me as may ee req~~red ey ~he eher~er, S~e~~~e er erd±ftaftee ~ftder wh~eh s~eh hear~"~ wes held7 ~he ees~ e£ prepere~~e" o£ ~he reeord e£ the hear~"~ shell ee essesse~ e~e~fts~ eppeel~ft9 party ~" ~he eveftt ~he dee~s~o" appealed £rem ~s e££±rmed ey ~he eo~r~. (g ) I n the event that s~eh ;~e±e±el review resul t s in a ;~e~e±al ~eeiare~~e" sett i ng aside or reversing said d ec is ion , the meMhers e£ the edM±ftistrat±ve eoey wh±eh reftderee s~eh ~ee±sieft CITY COUNCIL may take such steps as may be neces- s a ry to obtain eft appellate review of the same , e ither thr ough the institution of o r iginal pro - ceed i ng s or through appeal . ~" the~r ewft ftemesT ±ft ~he~r respeet~ve eepee~~~es, as meMhers e£ ~he e~m~ft~s~re~~ve ee~y reftder~ft~ ~he ~ee±s~eft7 She~le afty per~y ftet eemply w±~h afty dee±s~e" o£ efty hear±n~ ee~y 7 the memeers e£ the e~m~n~s~re~~Ve eedy ~nvelve~7 or ~he €ity i~s e l£T mey 7 in ee~~~±on ~e afty o~her le~el reme~±es wh~eh may ex~s~ £er eempell~n~ eempl±eftee ~here w±~h7 pe~~~ieft efty eo~r~ o£ eempeteft~ ;~r~se± ~ton for the eftter~"9 o£ e ;~d±e±el deeree eempel i~" e om plia n ee therew~~hT p e~~t~o" efty ee~r~ e eompeteftt ;~r~s~~e~~eft £er ~he eft~er~ft~ o£ e ·~d±e ±e i deeree eempe l l~"~ eempl~eftee w~~h s a~d d e e ts ±e ft7 Introduced , read in full and passe d on fi r s t r e ad i ng on t h e 3rd day of August, 1981 . Published as a Bill for an Ordinance on t h e 5 t h d ay of Augus t, 1981. Attest: Eu gen e L . Ot1 s , Mayor -7- • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate , and complete copy of a Bill for an Ordinance , introduced , read in ful l , and passed on first reading on the 3rd day of August, 1981. Gary R. H~gbee -8- • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N • .t r DATE AGENDA ITEM SUBJECT July 29, 1981 C2 Out-of-State Trav INITIATED BY Conununity Development Dirlilctor ACTION PROPOSED Request a pproval of out-of-state travel for As s i~taRt Dire ctor of Comm unity Development -Housing to attend regional NA HRQ Con fer en ce INTRODUCTION: The Annual National Association of Housing & Redevelopment Officia l s Conference is being held in Billings, Montan a on August 16 -19 , 1981. As the newly elected Senior Vice President of the Colorado Chapter , Frances Jonas ' participation on the Regional and National level is considered a responsibility of he position. The stra egy of the Mountain Plains/Region 8 Cha pter of NAHRO has been to be very active in AHRO to off e th fact that Region 8 has fewer housing authorities and units than th oth r regions. The goal of this activity is to m.ke sur th t h nique housing and community d v lopm nt needs of the moun ain pl ins states ar not lost in programs designed for lar e eastern m ropolit n ar as. D.C. in F attend to t rd meetings are held in Denver nd most will be h ld her now because th new Regional nver Housing Authori y. The Annual Regional August and is held each year in one of th t t s. Th ntion 1 Conf r nc is held e ch Fall and Color do Springs his ye r. m mber of th • I • • - • • • • The trave l expenses will be covered by the Housing Authority from fees generated by the various housing programs. While it is unusual for staff members to travel o u t-of-state more than onc e e v ery two years, I feel that this is a spe c ial circumstance based on h e nature of the position, and it is to the benefit of the City o er.~ourag e such par- ticipation in national housing policy. RECOMMENDATION : It is recommended that the City Council approve the out-of-state travel as requested. Th e e stimated cost of the trip is $525 .00 . SUGG ESTED ACTION: MOVED BY SECO ND ________________________ ___ YES ________ NQ, ________ ~BSENT __________________________________ __ • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N SU BJECT DATE AGE DA ITEM July 30, 1981 CHIMNEY SWEEP PROGRAM • q INITIATED BY Council Member John Neal ACTION PROPOSED Establishment of a Fire De Eartment Administered Chimney Sweep Program . 1 RODUCTION As the cost of energy increases, more and more people are purchasing wood burning stoves and fireplace inserts. Without proper inspection and main enance , hazardous situations can ar ise. I have recen ly experienced a chimney fire in my own home nd a chimney sw ep program r un by th e Fire Department as a par t of an ov r all fire preven ion program can increase the publ ic's awareness of wood burning applican e maintenanc e plus provide exposure to oth r fire prevention programs. En lewood i n the past cwo years has experienced a number of wood burning appliances , chimney fires (1979 -35 and 1980 - 29). Both Aurora and Bancroft Fire Department have established chimney sweep programs for under $300 and have reduced thei r inciden of woodburning and chimney related fires . Th Englewood Fire Department would purchase t he necessary quipm nt nd lease it to the citizen for a deposit which would be fully refundable. Instructions on chimney sweeping would also b provided. RI::COUMENUAT10. nt the n cessary equipment Th cost of a prof ss ional cost to the City would be nt and printing associa ed 1, h r for , r comm nd that the City tabli h a Chimn y Sw p Progr m adminis r d by th En wood Fire D p rtm nt to h lp promote woodburning pplicanc i r safety . • I • • • • • • THIS LEASE is N de ond e nte red into this day of 19 , by an d bet..ee n ~J RORA FIRE OEP ARTMENT,"""iliiinic ipal -c-or_p_o_r_a~t~IO_n_ of the State of Colorado ("lessor •), and -----,;v;==:-rr------ whose address is l 1 Lessee ") Sub;ect to the te sand conditions hereafter expressed , leh here· by !uses to Leuee a nd Lessee hereby hires for Lessor the follow ing f1rephce cluning equ 1 ~nt : ------------------ the "Property". TERM OF LEASE. T "' tem of thiS l eHe s hall be for a penod of _______ ,' ca-ncing and up1r 1ng REN T: The considera tion of this Lease shall be the mutual beneflts derived by both pnties . There shall be no monetary rent assessed . CUE or PltOPEATY : Les s u slall use the Pr operty in a coreful and pro- per Nnner ond shall cOIIIPlY wi t h a ll lo~;s, ordinances and regulations reht ing to tlte possessi on, use or maintenonce of the Property . A TlRATl S Lnse agre~s thdl the Property wlll not be alte red ~<lthou t obtaining pr1or -r ltten pennission from Lesso r. P¥.1NTE IIAH E AN D FA! • Les see, at his own cost and expense, shall keep the Property in goo d repa1r, conditiOn and 110rk1ng order . Lessee sha ll not r e ve , a lter , diSfigure, or cover up any numbering, lettenng or insign ia displayed on the Property, and shal l see that the Property is not subjected to u relus or needlessly ro ug h usage. REI~Rfol uf P 0 l TY: On e•Piration or earl1er t ,..,;nation of t hH Lu se, LeH e shall ret"rn the Property o Lessor I n good repa~r, ordinary we a r ond tur resulting fr pre~ r use ueptcd . Less e hereby us • a ll r1S of los. of a ~>d do any cause . No loss or da e to t rov<·rty ~;lll i oopo r on1 obl1 at ton of LeHe und r this l u s , ich shall continue in full force a"d offect. In t e•ent of loss or 01,..9 to the Property, Lessu, ot tho op t ion of Lessor, shall · (a) plate the Property in good re pa ir; or (b) ropla e the u with 1i e prop r t y in good re a tr, omich Property sh•11 thereuPOn bet subJ ct to t hiS Luse, or (c) pay Lo u or therefore , in 'uh, the • of --------------- Oollan l~ J, ... . ) ____________________ __ • ). I • • • 1. Broadway Rent a ls 2658 South Br oadway 722 -2104 Industrial Vacuum Chi mn ey Sweep Eq uipment 2 . Arapahoe Rentals 1155 Bellev i ew 798-1326 Industrial Vacuum Chimney Sweep Equipment Brush Handles 3 . Englewoo d Rental Company 481 7 South Broadway 789-2537 Industrial Vacuum Chimne y Sweep Equipment 4 . Ta y lor Rent 1 Center 689 9 Sou th Empo ria 770-4 00 3 Ind us t ri a l Va c uum Ch i mn e y Sweep Equi pme n t • • • ATTACHME T B $8.00 pe r day none $6.00 per day $12.00 3 hrs/$30 .00 24 hrs. .SO per handle per Jay $12.00 per day /$4.0 0 per hr. none $7 .00 3 hr ./$10 .00 pe r Ja y none I nd u tr1al V ~uum Av r go -$9.00 pe r day • I . • • • . . • ~UPro CA!Jria'l, Il.E ro 1liE ~ INVOLVED IN c:LEANIN:: O!lM'lEYS AND STOVEPIPES FlOi 1l£ IWXlF U:\'D.., IT IS ArWlSED n£ RESrretn' romvci' A P10'ESSI.CIW.. CHIMEY Sln:P . n£ AI.R:& FIRE IEPAR:IMNI' ASStt£5 M:> RESP(N;IIID..IT'i llUliUES Cit lWWE INCliUlED . CH l llliEY CL E.AN IIIG IIISTRUCTIOIIS follool I!WliWa<lctWtVL'4 /.&t.\.ta.UeA'4 d<M.c.U.o114 <.o pll.OU<.dtd. 1 w~c.Uon o0 a c.lwrwt~y oiL 4to v11.~ uvfl.4!.6 a 4.t.i.c.lty, taA·t<.lte dfl.po•it, cLf1.<11\.<.ng wdt. b11. di oouuU and tvw.;hu ooul.td. ctfl.4>\.ing c.an th11.11 bt but a.c..c.c otpl.uhe.d da1J4 a ot« a hot 6Lu . 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Tl AU ORA Fl OCP.UTMENT • I • i!y lba ""~==· .·::~ cr ~-::J: ·o c:!. :, c.:: ·-•""1::':;) '-~=-,.-' ,.._,.. __ ...... ~, . e• j-..:'13 .:) r.\o.C -:_::: •• 'i') -~ ,.·~ . ---------------- -----, 1?M~§·B <CDi ~l({e Itox3i ' .I ;;~~; ~:.::~-~ ~~~=~--~~~;J.f~~~~i'J [:--'' . t.::·-::.:.i~.,.:!') \:C..:.::J, C~ ~ :-o:):l p~~j't:':~l c-.. ··u ... :=.1 ~~ ~=-~:::"J \·;:-:o <;:·:en\.) cc.~t,.:t.;:; c~:.: ,.., ... .,:1, 0 -;}.:J C!:) t~~·--;~, l·~U!t·C~-~d. rc· r..~:;:l ~~ p,-· :i.:'] i jl"~!J :~1). it lc-:'•fl c·::;; :t ·· ·, c~1h;.::; i~ (·? co::r...,: ollho I:..C· ·~ .. -.-:--..... ~·.r:Jr.: ':~>::c;:l. ·' • • - • I ,. • I """\ (J 2! ~-.rJ..~_J .. ' ~ o',.: )I 0 c~ ;: : -· .. ·; .i (". . ; _, _ · .. : ::::::.~--~-7t\· .. ·_1~:.-'!L . -.. ··:r s 1!:::! (·:-~ -:-·.:_· ..1 r. ·-·-· !_ ... i't .. :-.);_:-,.~;-!\.:":'" • L· .... ::.~c..~-.... :, __ :_;., ~~-t 'l -/!l -8 I '1 -~ • J ' • 1 l'tL. ·~r·r-. , ·-·. ,.:~ ··-\ ~ J W ·' 'I _,.; •' ~ ~ ... I: ..... ' .. ::: .... · r-- . .. ... : i .. '"---~ .. '···-··· .. .,r .: \!!'.!..!. .... t-._-:; -·: .... ·-·.:. --,.; • • l'l ltf D!I"AitTMfHT July 2, 1981 Mr . Da n Va l en t i ne Ci ty Man age r 's Offi ce 3400 S. El a t i Engl ewood, Co lorado 80110 SUBJECT: CHI MN EY SWE P PROGR AM De a r Mr . Valent i ne : • • • 1410 S. H"VAN" • "UR OR", CO. 800 12 • 1~ 5000 , E XT. 46 0 R !: (, \ . .' 1 / I ~. '-J --'11 L. \..1 CI IY t.i,'\N .'Ilt~l ~-1111 t.:: (, l.LL;;uuiJ S1nce 1nstl t uting our chi ney sweep pr ogra m in Febru ary of 1981, we have receiv e d a pproximately 50 response s , a ve r ag in g 10 pe r month. Th program was established for approxim a tely $250.00. Unfortunat ly, r e ce ipts ha ve b en lost so I am unabl e t o provi de ac t ua l costs . Init1a1ly we purch a s e d six 6' fib e rg la ss ex t e ns ion rod s , two 12" sq. brushes, two 10" sq. brushes, two 8" round brushes , and t o 6" round brus he s . However, we quickly found t his a un t of equi pme nt i na dequa te and purchased six a dditional extension rods, for a to ta l of tw e lve ro ds whic h ha~ proven sufficient to ma ke an adequ a te set. ney fur this program was t a en fr an account established to rete1ve dona ions fr citizens who insi ted on making a contribution to th rire part nt for helping them one way or another. Utilizi ng this fund to est bl hh the program was fortunate because we were abl to us mom•y reLel'le or performing ~er ice to prov1de another service. d purch se of ).ten i n rod:. was d fr " to es N' Stu f" at 3108 W. H p n. We ound th personnel very cooperdtiv • and able and he discount was gre a er. r posH ( ull 11 as !>et o re fun da b 1 ) and a s tandu rd 1 Nl \<~ Jnstruttions and tlp) for safe us io fully, I ha e answ r your qu t1uns, 1f not, r will be happy to assist ou fur e r an way I can. in er 1 y , \ lo \ DA 10 LITTL , FIRE P EVE T1 I • • • • 31 1 S. 1e ld St · Pkon e 989-4307 lo~ewo<>d , Colorado 80227 FLOYD SAC I< P roshJont REUilEN MI LLEII Vlco P•osldttnl ALFRED R ANTONIO IIOUERT OUINLAil 5•crot ar y • Trt.olu>ur-H c t1 £ Jf department • tr. Dan Valentine C1 ty 1-tmager • s Office 400 Sou h Elatj En lewood, Colorado 80110 Dear Mr. Valent1ne, July 14, 1981 UAHIIELL PIIICI(Nl.Y III U MAS A. VOIHl\.o V ICA p, ... ,H.IIIIII Rrr···· . ; ,·· ... ,_ t · .. ~ \' ... . t-•.t~;-11 ~ t, I JUl. 1 5 1981 CITY Mi\N.\fil:l<':i LlH ·u::. ENGL<WullD lhdn y ou fvr your 1n4u1ry regard1ng the Bancroft chimney clc<Jnln!J cqutplltertl dnd fire ~re ventlon campaign. I have enclosed some copies of Lhe loon <J•Jree- ment forr s, instructions and additional information glVen to our re~idcnL:.. The pt·ogr m began in March of 1g8o. The Bancroft Fire Protection D1sLri<.:.L obLaw~::d 1gh t ~ets o f chimney cleaning equipment at cost. Th d.:puLtuenL purchase~ 8 brushes (two 6 " round, two 8" round, two 10" square, dnd Lwo 12" ~4uare) d~d 8 roos 1n sect1ons (two 4 foot, two 5 foot, two 6 foot and Lwo u foot flu >ru sh handles). e then had the lease agreement formsdruwn up l>y our att rney. Add1tional information was ordered from Montana State Fire Serv1ce' ..... ed1a 1 t, " ann Up to Wood Safely". Publ1c se rvic e unnounccuu.:nL:. were a1red on rad1o and televis10n. Newspapers carried messages regdrdtn!J Lhe loca l ~ro blem~ wlth f1res relatlng to wood home heating. Res1denv. were urged Lo con tact Bancroft Fire Department with any quest1ons concernlll!J fir p lac" or woo d stoves . Also, they were adv1sed to call Lo oiJL<lln chtutncJ lean1ng t:!:.JUlpme nt free of charge • .r equtpm nL lS reserved by the resident c1t least a day in advuncc. lhc hru <.t c;17e .nd rvd lenoth~ ne d to be det nn1ned dl that time . When Lhe qu1pm u n. pick d up: verbal and 1~r1tten 1nstruct1ons are giv n. A dcpv~•L o $10.00 1s tak n arA ~ turned when the qu1pm nt is returned. ln c~ddit1vn to lend1n ... nece sary equipment and drastlcally redu lO!J Lhe n 1mb ,. of c htmney ' we are also able to promote awareness of all ~ufcLy s c s tor wood h heat1ng system such as selection, installdtlOn, opcroltuu, tn nance, remo val and storage of a~hes. The department aho perfon11:. ttt- sp ct1or ~ of wood heat1ng system~ on request. In conJunction w1th Oc1n roiL ,u11l the State F1re Marshc1ll's Asso c 1a 1on, King Sooper's grocery chain rdn un Cl!JhL ltgrt, prtr.t111g on !JlOccry i..lu!.J~. "Wdnu Up lo uod S..tfcly--Ut:.!Jv:..c vi • I • • • • page twu lbhe~ OuL , 1de in a MeL<~l Co ntainer". Thro ughouL the ~t .JL C th l~ 111C~~<1gc rc.Jclicd an estimated 1.6 million ho us~ho lds per week, fre e o f charge. The tota l cosL of this campa ign, equipment, medi a package, advertis ing, forms and hand-outs was less than $200.00. In the Bancrof t ue Protection District, it has proved 1nvaluable 1n promoti ng fire saf0Ly, awareness and public relations. If you adopt c1 !.10I1 lclr procJra111 in your <~re o, 1 woul d be 111ost i nterested to hear frou1 you. Plcu~c tccl free to c all if you have any fu r ther questions. Again, thank you for your int crc~L. LL :bp enc. Sincerely, C:/5~~ Linda Littrell Director, Public Education .~-----------------------• I • • • • • • /AI T l\'lr'Lt::.-H "'"c::: J9 ~-p;:l ~..of and -rlJloi f U".lll 11 ~ MJt l to.-hU M ~ry nnt .....-..1. CARL PIO t..RJ"'t ~ t..ow.oc a.h.JU UhO t.h. ~r: rt.y 1.11 .l c..;.rc(W u-..& f.liO .. .. mo"lr'\nC.r and t:.hall oont?lY w.Lth all L:lwa , ol"'d...no.n-.~ and r:"OCJulo.~uona. rel.wU.OoJ t.o the poase»wrl, Ub(... or m.unt.al&nOO: or uw PropLrty AL'I"E.MTil • ag t.h4t U Y w-.1. thc'Ut abu.a.luJ\g Fl.Ol wn t.W\ ~u.wn f .t. Na) Rl])AJA : Le: , ll '! ir JI)Od rt'!p!Ur , cx:nli t .,...,t ki1"19 ortler. Lc¥Wl& Wltl..ll r , ' •t i quro. or 00\ole-r up any nuW-.c.nnq, l.ot.t..en.Jll) o r ll'UI.l()ru.oa dl.aplay&J on l)rope.rty. ~ aN.U .:110 Ulolt tJlo Jlropeny u not. t.Ub)octtxl lD carele or noedleu.~.y L'QU9h ~· RE' c:JF PR)PE:RJY : On ~l.r&uon cc .uber tAdUI'WIIU.on of t.luJ lAue, 10&1168: ah&l.l return tt. Prq)arty to ~ 1n 9(X)d npau , ocdl.nary we&r and t:6or ......Uunq fran proper----'· OF VR ~: ~•&ee 1'\lby • a all cuk c..t toea of ...ncS tJw pn:Jp~W"ty frQII .rry c:.&uM No loaa or c.t.vMgo to the Property wll.l Ulpalr arry obllJ)auon of U.U. \rider thUii l.ea&e, ....tuch shell OCI"'llJ\ 111 full force and ef[-=t . In the ~t of W..a or ~~ to U.S Property, t.o.aK..:-, at the opu.on ot t.Atuor, ahalb (a) place tho Property ll'l fJCXd rep..ur; or (lJ) _1..,. the ._ w1th lllte property 1Jl 900'1 r:epur, ..tlic:h property llhall there- \4)0n t:eoc:fte aub)act to tJu.s Leue.; or (c) pay IAIJaor tlwretor, in cash, the 51tn ot Oolla.n (S ____ I. SfDJRITY rrz ~ ecknowled')u that IAueo haa dcpoa.u.ed Wlth Lauer u ..:un.ty the 5l.-ot Del l.&n C$ ) , and the paru .. ..;nr. ~t .. t • be &OCUrlt'Y !or perto~or t.eea.e'a obli~t..icna h!ln!\rder. t.ld e1.m N y, •t taa.,r'• opU.on, be appll.ed to N.tuty any au::h obllc;atJ.an which aay be 1.11 fault w.lttoul ..::u.U¥:J Leuee f per-.ce of -ou::h obl19"U<ln· My poru.on o f MJ.d --.tuch twoo not '-' .a ~ by IAUor wJ.ll be retu.owd to .t.aa&ee at the tar:lll..Mtian of thl.a t.ea•. ~Il'Y ; t.ea.Me ~1 1nckmu ty Lew.or •JotiN\. aU cL:uma , acu.ona, ~, c:JOeU , ~ ww:S lUW.litl.el, includi.nq atton"'I'Y'• toee. arUlntJ out of,~ wjth or re.ulunq f ot the Pl'O()Ort.y, J -l.,s.hJYI• wJU.r..ul l1Alt.At.1.01l, the JIWV"t•f,.. • -_l..,...tun w,,, ....... ,, ~,..... ... ;,., , C'l("'('rilt.la"' or • I .A/' / ( •. / I • • • • • • CAUfiac [tt TO THL LIANG[R INVOLv~t 1!11 CLEAN! CHIMIIEYi> AND STOVU'lf'L~ FROM TH: kOOF l..EYEL. IT Ill ADVISED T .._ RESIIENT CONTRACT A PROFESSICW\1.. CH MilEY i>"WEEP. BANCROFT l-IRE I"ROTECTh.Jil DISTR ICT ASSll'ES NO RESPONSIIJILITY FOR INJLI<IES OR DAI"AGE INCLf<RED, cu:N .LNG JN!>'l'l<UC'l'l::JN!i Fol.low manw:_.._,tur<!r o/J.IlStaller' s chreo~tJ.ons if provuled. If .lmif~Ll.G<\ of " w llllrl<OY or 51..0\lepl.f:A.' ro\/Cals <> Stl.cky, t.ur-l.l<c. 1"'-'~.I.L, clcam.ng wl.ll be wl ucult. ill1d bru>.hc" foulocl. Cl.caniny run tiJ..,n )..(, L<...~t. clCGOlpH>ihed clays il{I..Cr <> hot. fl.ro. Creosote deposl.t." wl.ll LJIU"r )..(, u.c.1.c:.:J, crackoo ill1d loosenecl for <!o:u;l.CsL rcnnv-'l. I)) Not attenpL lD clean " warm fl.repJ.<>c::e, clumney or stovcp.1.pu. l•:•u rKJo"_"(] adcl.J. '-.,1 Lon,: AL lc....•; 2 -10 X 10 drop clut.'L~, l r~cisn ~9lit, glOveS,· hard Wl.re brush, haL.tmr, screw dr1.ver, .A.~ , ua..:t.....u. t.ru.ner, goggles, optl.cnal. ront.ccl ut.Llily VilCUllll. (I)) not. wLLw• ,~, Lo u...c. household Prc(>ilratJ .. OI\; I 1~·"'-Y..::.t"x.:!:.o !run fu:<..1...<Jx. PlMoo .L.fl ul.!wl f..X.,ij,L .. u .. ~J... Shut. l1l'C!J:" -close off fl.ro box lur<J furrut.w::c:.: from U>u ...ro.r. Cowr and tape fireplace ma. tel, he<ll:Ul, wl.Ul <.lruj .. dut..r... .u.U co~~er tloorw<;~. ruc::pl cc Ou.t,.-.::y Clcwruny f l<lof Level. lbrow, l.l1Spcct. .:nd cle<ln chimney cup. Att.ach screw rod sectJ..ons to brush one at a UJIU, bi.....VJ.J~J brush down the chl.lmey as far as possible. Pu l lengths up and out, rcpcilt process one rroru L.u . ._, .1.r J1c.""O.!b5acy. Proper Y at.tdch c:h.utl"l<o:/ wp and Whl.lCI on tiJ.J rc.o , W oc.-u. .I.UI. any par Ll.on lx:t\oleen tho ctumney and St.ru..;Lu.l...,. Al...v checK for ~r clearance of ch.l.lmcy. ~ !!!:!!:: • £ r ..u.h Lo toULLlo, lllCltl =fulJ.y ..u..t ~luwl:t ot-en ~l.ro l..ox ...nd • '-"' J.a i th h4rd w l.ro brush f tho ..no~<" ~1 .. · ! ,,, kl l.ntcrl.Or or tl"' f.r..replaoe. (!L,t '5et::'CP:>li:..IJ..<.. ,, utl.ll.ty v cul.l'l .. !nspect tl.re W.Ul and 1 rtar. If l.O.rl.OC creosote t.r dour, (' I Y')Co,M•I) r and plaoe " tal IXll'•t.:u.ncr W1CJ<.;rO<: .. l! ,, !0.11'3 n.d 6<lCtl.c:rul \.o Lru:; 1 <u wL LJ 1 , , ' thJ. ~t\.c.M;,...~.l.{J(.: ~ !"'-l \oW L~..,J1J1'-, U-...u t • I • • • ...... • ...... ( MEMORANDUM TO: Mayor Otis and Member of the City Council FROM: Rick DeWitt, City Attorney DATE: July 30, 1981 RE: Senatorial and Representative Re-Districting attached Resolution concerning th ove. I place thi on the At the request of Councilman Ne~r-nave pre~p the study session agenda for your r iew prior to the Coun il meeting. cc: Andy McCown I . • • - • RESOLUTION N0.~/7 SERIES OF 1981---- • • • A RESOLUTION STATING THE PREFERENCE OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, CONCERNING REPRESENTATIVE AND SENATORIAL DISTRICTS. WHEREAS, the City of Englewood has a strong community spirit; and WHEREAS, the City of Englewood desires to maintain this strong community spirit; and WHEREAS, the community spirit of the City of Englewood is best preserved by unified Representative and Senatorial Districts; and WHEREAS, the City of Englewood has a community interest with the City of Littleton and City of Sheridan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: The City Council of the City of Englewood hereby states that the preference of the City of Englewood in any redistricting plan is that the entire City of Englewood be included in any Representative or Senatorial Districts and, further, that the community of interest of the City of Englewood is with our neigh- bors City of Littleton and City of Sheridan, and it is the desire of the City of Englewood to be included in any Senatorial or Representative Districts with said communities if it is not possible to have the City of Englewood as one Senatorial District or one Representative District. ADOPTED AND APPROVED THIS 3rd day of August, 1981. Eugene L. Otis , Mayor Attest: ex o • I • •