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Home My WebLink About1980-04-07 (Regular) Meeting Agenda• - • • 0 _£_ity Council Meeting -Regular April 7, 1980 -i { • - • • • • CITY COUNCIL MEETING April 7, 1980 RESOLUTION # )t(J, ..M', 12, 13, 14 ORDINANCE # /, /, 6, 7, 8 • 0 0 I . - • • \ • • • • IA COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 7, 1980 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 7, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to or~er. The invocation was given by Mr. Dave Disney, Assistant to Pastor at First Baptist Church, 3170 South Broadway. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUT~S OF THE REGULAR MEETING OF MARCH 24, 1980. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resqlted as follows: Ayes : Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • - 0 • • April 7, 1980 Page 2 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 31, 1980. Council Member Keena seconded the motion. Mayor Pro Tern Bradshaw noted a correction to the minutes on page 7, line 7. The minutes should read "does not neglect". Council Member Neal noted a correction on page 10 in that Robert Hester was in favor of paving the alley and not in opposition. MAYOR PRO TEM BRADSHAW MOVED TO AMEND THE MINUTES OF THE SPECIAL MEETING OF MARCH 31, 1980, WITH CORRECTIONS. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Abstain : Council Me~bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor declared the motion carried. * * * * * * Director of Utilities Stewart Fonda appeared before Council and discussed the agenda item regarding a resolution providing for the Notice of Sale of the General Obligation Water Bonds. COUNCIL MEMBER KEENA MOVED TO BRING FORWARD AGENDA ITEM 7D -RESOLUTION REGARDING THE NOTICE OF SALE OF THE GENERAL OBLIGATION WATER BONDS. Council Member Bilo seconded the motion • I • - • • • April 7, 1980 Page 3 • • • Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 10 SERIES OF 1980 ' ' RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GENERAL OBLIGATION WATER BONDS, SERIES JUNE 1, 1980, IN THE PRINCIPAL AMOUNT OF $1, 300. 000. COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 10, SERIES OF 1980. Council Member Bradshaw seconded the motion. City Attorney Berardini noted a change in language on page 6, first paragraph. The change was to strike "request and" and substitute "successful bidder" with "City". Mr. Berardini stated the change was made at the request of the City's fin•ncial advisor and he was not. aware of the reason behind it. COUNCIL MEMBER HIGDAY M:>VED TO TABLE THE RESOLUTION UNTIL THE REASON FOR THE CHANGE IN LANGUAGE WAS CLARIFIED. Coun- cil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: · Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * Richard H. Plock, Jr., attorney, representing ~olorado Cable Corporation, appeared before Council. Mr. Plock requested that Council postpone final consideration of an ordinance regard- ing cable television for the purpose of allowing his company an opportunity to make a presentation of the facilities they can offer Englewood. l Council discussed this request at length with Mr. Plock noting that consideration of cable television with Mountain States Video was near finalization. Mountain States Video had contacted I • - • • • • • April 7, 1980 Page 4 the City some time ago. Further consideration with other cable televison companies not just his company would only be fair and could result in a time-consuming delay which may not be warranted since Mountain States Video has worked with the Council for several months. Council stated they would take his request under advise- ment and make a decision later on in the meeting. * * * * * * Dick Losey, Englewood V.F.W. Post 8322, Public Relations and Hospital Chairman, appeared before Council. Mr. Losey request- ed a monetary contribution to purchase six television sets for the hospital. Council stated they would consider his request. * * * * * * Mayor Otis asked if there were any other visitors wish-ing to speak to Council. Gerald Ray, 4505 South Lipan, representing the Eco-Cycle Program, appeared before Council. Mr. Ray discussed the status of the program and requested $7,500 for continued financial support. Eugene Norman, 3851 South Logan, appeared before Council. Mr. Norman asked if Council had evaluated his suggestions made at a Council meeting several weeks ago. Mayor Otis stated they were still under consideration. Myrtle Jones, 5020 South Washington, appeared before Council. Mrs. Jones presented several questions concerning the Eco-Cycle Program and its pick-up schedule. earlier. Council referred Mrs. Jones to Mr. Ray who had appeared Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin stated he supported the Eco-Cycle Program and reco11111ended that Council do same. Mr. Merlin then asked if the City was going to spray the trees again this year. City Manager Mccown stated money had not been budgeted in 1980 for tree spraying. * * * * * * • I • - 0 • • April 7, 1980 Page 5 • • • were: "Co111DUnications -No Action Reco111nended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Denver Regional Council of Governments meeting of February 20, 1980. Minutes of the Board of Career Service Com- missioners meeting of February 21, 1980. Minutes of the Englewood Housing Authority Annual Meeting of February 27, and the Re- gular Meeting of February 27, 1980. Minutes of the Building Code Review Co11111ittee meetings of March 13, and March 20, 1980. Minutes of the Parks and Recreation Co11111is- sion meeting of March 13, 1980. Minutes of the Downtown Development Authority meeting of March 26, 1980. Municipal Court Activity Report for the month of March, 1980. Memorandum from the Director of the Bi-City Wastewater Treatment Plant to the City Manager concerning the February, 1980, Monthly Report. COUNCIL MEMBER NEAL K>VED TO ACCEPT "CO!HJNICATIONS - NO ACTION RECOMMENDED". Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the mintues of the Water and Sewer Board meeting of March ll, 1980, concerning the Board's reconnenda- tion to approve a Valley Water Total Service Contract. COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE CONCERNING THE VALLEY WATER TOTAL SERVICE -------- • I . - • April 7 , 1980 Page 6 • • • CONTRACT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carr i ed. * * * * * * Mayor Otis presented the minutes o f the Water and Sewer Board meeting of March 11, 1980, concerning the Board's reco111Denda- tion to approve a $5.00 charge to delinquent accounts. COUNCIL MEMBER HIGDAY MOVED TO ACCEPT THE BOARD'S RECOM- MENDATION AND TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE COVERING THE RECOMMENDATION. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis, None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for the annual renewal for a 3.2 beer retail license -off premises for the 7-11 Store on South Broadway. COUNCIL MEMBER NEAL MOVED TO GRANT THE ANNUAL RENEWAL FOR A 3.2 BEER RETAIL LICENSE -OFF PREMISES FOR THE 7-11 STORE AT 2705 SOUTH BROADWAY. Council Member Brad s haw seconded the motion. Upon a call of the roll , the vote r e sulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Ot is. None, The Mayor decl a red the motion carri ed. * * * * * * • I • - • • • April 7, 1980 Page 7 • • • Mayor Otis declared a recess at 8:45 p.m. Council re- convened at 9:00 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Council discussed the next agenda item regarding the ordinance for a cable television permit with Mountain States Vi-deo. City Manager Mccown and City Attorney Berardini advised Council that delaying the ordinance for one month as Mr. Plock requested in order to hear Colorado Cable Corporation's presenta- tion would be improper unless it was for the purpose of going out for bids with other companies and then making a selection. This process would result in a substantial delay as much as one year. Ennet White, Vice President and General Manager of Mountain States Video, appeared before Council to discuss the matter. Mr. White stated competitors in the cable television field have been aware of his company's efforts to obtain a per- mit with Englewood. Mr. White stated his company offered a high degree of technology in cable television and a system has been designed for the City. He stated his company has been working in good faith with the City for over a year and re- quested passage of the ordinance and clearance to get the pro-ject started. Mr. Plock appeared before Council and reiterated his request for delay of ordinance • ORDINANCE NO. 4 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS ORDINANCE NO. 33, SERIES OF 1967, GRANTING TO MOUNTAIN STATES VIDEO, INC., • - I • • ·In - • • • April 7, 1980 Page 8 • • • A COLORADO CORPORATION, A NONEXCLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, SOMETIMES KNOWN AS CABLE TELEVISION SYSTEM, AND PRO- VIDING CONDITIONS AND REGULATIONS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1980, ON FINAL READING. Council Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 5 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 7, SERIES OF 1980, ON FINAL READING. Council Member Higday sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • The Mayor declared the motion carried. * * * * * * f, • I . - • • April 7, 1980 Page 9 • • • City Manager Mccown noted the changes to be made to the bill for an ordinance creating Paving District No. 27. The changes were as follows: 1) delete the alley east of Corona Street from south side of East Dartmouth Avenue to north side of East Eastman Avenue; and 2) in Section 6 under Assessment Costs change $596,200 to $545,717 and $136,500 to $135,236. Council Member Keena offered the following restrictions to be made to Paving District No. 27: 1. The sidewalk would not be constructed at the City Ditch area at the southwest corner of Logan and Cornell. 2. The sidewalk at 3700 South Washington which is presently 2'2" would remain at that width. 3. Cornell from Logan to Clarkson which is presently 29'6" would remain at that width and parking would be restricted to one side. The Traffic Department will do a study and inform Council of their recom- mendations for which side parking should be allowed. Council Member Fitzpatrick requested that the 3000, 3100, and 3200 of South Grant Street be removed from the paving district. COUNCIL MEMBER KEENA MOVED TO APPLY THE RESTRICTIONS SHE OFFERED TO THE ORDINANCE. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO DELETE THE 3000, 3100, AND 3200 BLOCKS OF SOUTH GRANT STREET FROM THE PAVING DIS- TRICT ON THE BASIS THAT THEY DO NOT NEED PAVING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Member Fitzpatrick. • I • - • • • April 7, 1980 Page 10 Nays: Abstain: • • • Council Members Higday, Neal, Keena, Bilo, Bradshaw. Mayor Otis. The Mayor declared the motion defeated. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 8, SERIES OF 1980, AS AMENDED. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Keena, Bilo, Bradshaw. Council Member Fitzpatrick. Mayor Otis. The Mayor declared the motion carried. Council Member Fitzpatrick stated he opposed the bill for ordinance on the grounds that 3000, 3100, and 3200 blocks were not deleted. Mayor Otis stated he abstained from voting on the issue because he was absent from the hearing. RESOLUTION NO. 10 SERIES OF 1980 * * * * * * RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GENERAL OBLIGATION WATER BONDS, SERIES JUNE 1, 1980, IN THE PRINCIPAL AMOUNT OF $1,300,000. City Manager Mccown explained the language change for this resolution discussed earlier in the meeting. Mr. McCown stated Assistant City Manager Curnes had been in contact with the Director of Finance who stated the change was a result of a typographical error and it was normal practice for the City to pick the cost for providing CUSIP numbers for the bonds. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1980. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • April 7, 1980 Page 11 Nays: None. • • • 'nle Mayor declared the motion carried. * * * * * * City Manager Mccown noted an error in the next agenda item -a resolution providing for the notice of sale of special assessment bonds for Paving District No. 26, in the principal amount of $106,000. Hr. Mccown stated the amount was in error. He stated the amount should be $100,600 but even this amount needed to be verified. COUNCIL MEMBER HIGDAY !l>VED TO SET A SPECIAL MEETING AT 7:15 P.M. ON APRIL 14, 1980, TO CONSIDER THE RESOLUTION AT WHICH TIME THE CORRECT AMOUNT SHOULD BE KNOW. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. nie Mayor declared the motion carried. RESOLUTION NO. 11 SERIES OF 1980 * * * * * * A RESOLUTION ENDORSING PLANS OF RTD TO BUILD A LIGHT-RAIL SYSTEM. COUNCIL MEMBER NEAL K>VED TO PASS RESOLUTION NO. 11, SERIES OF 1980. Council Member Bilo seconded the motion. Council Member Keena offered information to the Council concerning the system. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'nle Mayor declared the motion carried • • I • • - • • • April 7, 1980 Page 12 • • • Council Member Neal asked the City Attorney to send the resolution with a cover letter from the Mayor to the appro-priate legislators. * * * * * * COUNCIL MEMBER HIGDAY K>VED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -27, 1980, AS "SOUTH PLATTE RI- VER WEEK." Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented the judgement affirmed by the Supreme Court of Colorado in the case of City of Sheridan vs. the City of Englewood wherein the City of Sheridan wanted to charge an admission fee tax on the Englewood Municipal Golf Course located in Sheridan. Hr. Berardini informed Council the Court ruled in favor of Englewood and judged that Sheridan did not have the authority to issue the tax. * * * * * * City Attorney Berardini discussed the case of Kathleen Bueno vs. the City of Englewood. Hr. Berardini transmitted a release and settlement agreement for the purpose of settling and disposing of the case. COUNCIL MEMBER NEAL K>VED THAT THE CITY ATTORNEY BE ALLOWED TO ENTER INTO THE AGREEMENT WITH KATHLEEN BUENO AND THAT PAYMENT BE HADE. Council Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote r e sulted as follows: Ayes: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : Counc i l Member Higday. The Mayor declared the motion carried. * * * * * * • I • - • • • April 7, 1980 Page 13 • • • City Attorney Berardini informed Council the agreement for purchase of tract of land to ·provide additional off-street parking facilities for the Elsie Malley Centennial Center would be finalized in the next few days. City Manager Mccown transmitted a letter from the Chair- man of the Englewood Bicentennial Foundation stating the Founda- tion will abide by whatever purchase of land the Council chooses in this area whether it be the land to the south or to the east. * * * * * * City Manager Mccown presented a Council CoU1DUnication concerning Aid to Other Agencies. Mr. Mccown requested additional direction for funding. Mr. McCown stated the additional requests are from Eco-Cycle, the V.F.W., and the Downtown Merchants Associa- tion. Mr. Mccown stated the request concerning Downtown Merchants Association would be brought to Council's attention on April 21. COUNCIL MEMBER BRADSHAW MOVED TO ALLOCATE $ 7 , 500 TO ECO-CYCLE. Council Member Keena seconded the motion. COUNCIL MEMBER HIGDAY K>VED TO ALLOCATE $5,000 TO ECO- CYCLE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Bilo. Council Members Neal, Fitzpatrick, Keena, Bradshaw, Otis. The Mayor declared the motion defeated. Upon a call of the roll , the vote on the or i ginal mo - t i on resulted as follows: Ayes : Nays : Council Members Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Council Member Higday. The Ma y or declared the motion carried • COUNCI L MEMBER NEAL K>VED TO DONATE $1,000 TO THE V.F.W. FOR THE PURPOSE OF BUYING TV SETS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Mayor Otis • • I • - • • April 7, 1980 Page 14 Nays: • • • Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw. The Mayor declared the motion defeated. * * * * * * City Manager Mccown presented a Council Co111DUnication from the Department of Parks and Recreation concerning the award of bid for the Sinclair Pool resurfacing. Council discussed whether or not the responsibility of maintenance of the pool was that of the school or the City. COUNCIL MEMBER HIGDAY MOVED TO POSTPONE THE MATTER UNTIL APRIL 14, 1980, AT 7 :15 P.M. Council Member Neal sec-onded the motion. Mayor Pro Tem Bradshaw stated it was important to get the project started and the school used the pool six weeks during the swimming season. Council Member Higday withdrew his motion and Council Member Neal withdrew his second. COUNCIL MEMBER BILO K>VED TO AWARD THE BID FOR RESUR- FACING SINCLAIR POOL TO ROCKY K>UNTAIN POOL BUILDERS, INC., IN THE AMOUNT OF $19,494. Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, B1lo, Bradshaw, Otis. None. The Mayor declared the mot i on carri ed. Council Member Bilo noted the agre ement between the school and the City appeared to nebulous and asked that the City Manager checked into other agreements that need to be made more concrete. * * * * * * City Manager Mccown presented a Council Co1111111n1cation from the Director of CoD111Unity Development concerning an out-of- state seminar on April 10 -11, 1980 , in Arlington, Virginia • • I • - • • • April 7, 1980 Page 15 • • • The Director of Co111DUnity Development related in his colllDUnication that the trip would be beneficial in assisting Englewood in devel- oping economic development programs. COUNCIL MEMBER BILO K>VED TO APPROVE THE OUT-OF-STATE TRIP FOR DIRECTOR OF COMHIJNITY DEVELOPMENT WANUSH. Council Mem- ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'nle Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co1111111nication concerning an appointment to the Downtown Development Authority. COUNCIL MEMBER NEAL K>VED TO APPOINT JAMES ARTZBERGER OF CINDERELLA CITY TO THE BOARD OF DIRECTORS TO THE DOWHTOWR DE- VELOPMENT AUTHORITY. Council Member Bilo seconded the motion. City Manager Mccown queried whether or not the appoint- ment was in keeping with the state legislation for the Downtown Development Authority. Mr. Mccown stated six of the eleven mem- bers had to either own property or a business Englewood. Council Member Neal stated he was unaware of the condi- tions; however, more appointments were forthcoming offering more flexibility in the selection process. COUNCIL MEMBER HIGDAY K>VED TO TABLE THE HATTER. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Member Higday. Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Ma yor declared the motion defeated • COUNCIL MEMBER NEAL K>VED TO OFFER IN HIS PREVIOUS K>- TION THAT THE APfOINTMENT OF MR. JAMES ARTZBERGER WAS SUBJECT TO HIS QUALIFICATIONS BEING IN COMPLIANCE WITH THE AUTHORITY. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, • I • • - • • • April 7, 1980 Page 16 • • • the vote resulted as follows: Ayes: Nays: Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Tii.e Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Parks and Recreation concerning Golf Course Fees at the Englewood Golf Course. The memorandum states no change in green fees. COUNCIL MEMBER HIGDAY MOVED TO CHANGE THE FIRST NINE HOLE ROUND OF GOLF FEE FOR SENIOR CITIZENS TO $2.00. Motion died for lack of a second. COUNCIL MEMBER NEAL K>VED TO POSTPONE CONSIDERATION OF CHANGE IN GOLF FEES UNTIL THE BUDGET IS CONSIDERED. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Otis. Council Members Higday, Bradshaw. !be Mayor declared the motion carried. * * * * * * City Manager Mccown transmitted an article for Council's information on the pros and cons of industrial revenue bonds and housing mortgage bonds. * * * * * * Council set a study session to be held at 5 :00 p.m. prior to the town meeting on April 28 , 1980. Council Member Higday stated the special meeting on the 28th was for the purpose of receiving public input regard-I • • - - < c • • • April 7, 1980 Page 17 • • • ing the establishment of a liquor licensing authority. Re asked the newspaper reporters who were present to place the notice in their respective papers. * * * * * * Council Member Keena requested a study session to dis-cuss Santa Fe before meeting with the State officials. City Manager Mccown stated he understood he was to get Council some information concerning the matter by April 14th. * * * * * * 11iere was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY NJVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:57 p.m. -----· • • I • - ( • • ,__ • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 7, 1980 IA The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 7, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Dave Disney, Assistant to Pastor at First Baptist Church, 3170 South Broadway. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 24, 1980. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • - • • • April 7, 1980 Page 2 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 31, 1980. Council Member Keena seconded the motion. Mayor Pro Tern Bradshaw noted a correction to the minutes on page 7, line 7. The minutes should read "does not neglect". Council Member Neal noted a correction on page 10 in that Robert Hester was in favor of paving the alley and not in opposition. MAYOR PRO TEM BRADSHAW MOVED TO AMEND THE MINUTES OF THE SPECIAL MEETING OF MARCH 31, 1980, WITH CORRECTIONS. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor declared the motion carried • * * * * * * Director of Utilities Stewart Fonda appeared before Council and discussed the agenda item regarding a resolution providing for the Notice of Sale of the General Obligation Water Bonds. COUNCIL MEMBER KEENA MOVED TO BRING FORWARD AGENDA ITEM 7D -RESOLUTION REGARDING THE NOTICE OF SALE OF THE GENERAL OBLIGATION WATER BONDS. Council Member Bilo seconded the motion • • I • - ( • • • April 7, 1980 Page 3 • • • Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 10 SERIES OF 1980 RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GENERAL OBLIGATION WATER BONDS, SERIES JUNE 1, 1980, IN THE PRINCIPAL AMOUNT OF $1,300,000. COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 10, SERIES OF 1980. Council Member Bradshaw seconded the motion. City Attorney Berardini noted a change in language on page 6, first paragraph. The change was to strike "request and" and substitute "successful bidder" with "City". Mr. Berardini stated the change was made at the request of the City's financial advisor and he was not aware of the reason behind it. COUNCIL MEMBER HIGDAY K>VED TO TABLE THE RESOLUTION UNTIL THE REASON FOR THE CHANGE IN LANGUAGE WAS CLARIFIED. Coun- cil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried • * * * * * * Richard H. Plock, Jr., attorney, representing Colorado Cable Corporation, appeared before Council. Mr. Plock re~uested that Council postpone final consideration of an ordinance regard- ing cable television for the purpose of allowing his company an opportunity to make a presentation of the facilities they can offer Englewood. Council discussed this request at length with Mr. Plock noting that consideration of cable television with Mountain States Video was near finalization. Mountain States Video had contacted • , I • - • • • • • April 7, 1980 Page 4 the City some time ago. Further consideration with other cable televison companies not just his company wou l d only be fair and could result in a time-consuming delay which may not be warranted since Mountain States Video has worked with the Council for several months. Council stated they would take his r equest under advise- ment and make a decision later on in the meeting. * * * * * * Dick Losey, Englewood V.F.W. Post 8322, Public Relations and Hospital Chairman, appeared before Counc i l. Hr. Losey request- ed a monetary contribution to purchase six t e levision sets for the hospital. Council stated they would consider his request. * * * * * * Mayor Otis asked if there were any other visitors wish-ing to speak to Council. Gerald Ray, 4505 South Lipan, representing the Eco-Cycle Program, appeared before Council. Hr. Ray discussed the status of the program and requested $7,500 for continued financial support. Eugene Norman, 3851 South Logan, appeared before Council. Mr. Norman asked if Council had evaluated his suggestions made at a Council meeting several weeks ago . Mayor Otis stated they were still under consideration. Myrtle Jones, 5020 South Washington , appeared before Council. Hrs. Jones presented several quest i ons concerning the Eco-Cycle Program an d it s pick -up s c hedule. earlier. Council referred Hrs. Jones to Hr. Ray who had appeared Maur i ce Me rlin , 3688 South Sherman , appeared before Council. Hr. Merlin stated he supported the Eco-Cycle Program and recommended that Council do same. Mr. Merlin then asked if the City was going to spray the trees agai n this year. City Manager Mccown stated money had not been budgeted in 1980 for tree spraying. * * * * * * • I • - • • April 7, 1980 Page 5 • • • were: "Conm.mications -No Action Recomnended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Denver Regional Council of Governments meeting of February 20, 1980. Minutes of the Board of Career Service Com- missioners meeting of February 21, 1980. Minutes of the Englewood Housing Authority Annual Meeting of February 27, and the Re- gular Meeting of February 27, 1980. Minutes of the Building Code Review Co11111ittee meetings of March 13, and March 20, 1980. Minutes of the Parks and Recreation Co111Dis- sion meeting of March 13, 1980. Minutes of the Downtown Development Authority meeting of March 26, 1980. Municipal Court Activity Report for the lllOnth of March, 1980. Memorandum from the Director of the Bi-City Wastewater Treatment Plant to the City Manager concerning the February, 1980, Monthly Report. COUNCIL MEMBER NEAL K>VED TO ACCEPT "COMJNICATIORS - NO ACTION RECOMMENDED". Council Member Bigday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the mintues of the Water and Sewer Board meeting of March 11, 1980, concerning the Board's reco111Denda- tion to approve a Valley Water Total Service Contract. COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE CONCERNING THE VALLEY WATER TOTAL SERVICE • I • - • • • April 7, 1980 Page 6 • • • CONTRACT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carr i ed. * * * * * * Mayor Otis presented the minutes o f the Water and Sewer Board meeting of March 11, 1980, concerning the Board's reco111Denda- tion to approve a $5.00 charge to delinquent accounts. COUNCIL MEMBER HIGDAY t«>VED TO ACCEPT THE BOARD'S RECOM- MENDATION AND TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE COVERING THE RECOMMENDATION. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for the annual renewal for a 3.2 beer retail license -off premises for the 7-11 Store on South Broadway. COUNCIL MEMBER NEAL K>VED TO GRANT THE ANNUAL RENEWAL FOR A 3.2 BEER RETAIL LICENSE -OFF PREMISES FOR THE 7-11 STORE AT 2705 SOUTH BROADWAY. Council Member Brad s haw seconded the motion. Upon a call of the roll , the vote r s u lted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick , Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * • I • - ( • April 7, 1980 Page 7 • • • Mayor Otis declared a recess at 8:45 p.m. Council re- convened at 9:00 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. lbe Mayor declared a quorum present. * * * * * * Council discussed the next agenda item regarding the ordinance for a cable television permit with Mountain States Vi-deo. City Manager Mccown and City Attorney Berardini advised Council that delaying the ordinance for one month as Mr. Plock requested in order to hear Colorado Cable Corporation's presenta- tion would be improper unless it was for the purpose of going out for bids with other companies and then making a selection. lbis process would result in a substantial delay as much as one year. Euaet White, Vice President and General Manager of Mountain States Video, appeared before Council to discuss the matter. Mr. White stated competitors in the cable television field have been aware of his company's efforts to obtain a per- mit with Englewood. Mr. White stated his company offered a high degree of technology in cable television and a system has been designed for the City. He stated his company has been working in good faith with the City for over a year and re- quested passage of the ordinance and clearance to get the pro-ject started. Mr. Plock appeared before Council and reiterated his request for delay of ordinance. ORDINANCE NO. 4 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS ORDINANCE NO. 33, SERIES OF 1967, GRANTING TO MOUNTAIN STATES VIDEO, INC ., • I • • - • • • April 7, 1980 Page 8 • • • A COLORADO CORPORATION, A NONEXCLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, SOMETIMES KNOWN AS CABLE TELEVISION SYSTEM, AND PRO- VIDING CONDITIONS AND REGULATIONS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1980, ON FINAL READING. Council Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 5 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE GRANTING TO nIE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, 111ROUGH AND FOR nIE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH nIE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 7, SERIES OF 1980, ON FINAL READING. Council Member Higday sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • The Mayor declared the motion carried. * * * * * * • I . _,. - 0 • ( • April 7 , 1980 Page 9 • • • City Manager Mccown noted the changes to be made to the bill for an ordinance creating Paving District No. 27. The changes were as follows : 1) delete the alley east of Corona Street from south side of East Dartmouth Avenue to north side of East Eastman Avenue; and 2) in Section 6 under Assessment Costs change $596,200 to $545,717 and $136,500 to $135,236. Council Member Keena offered the following restrictions to be made to Paving District No. 27: 1. The sidewalk would not be constructed at the City Ditch area at the southwest corner of Logan and Cornell. 2. The sidewalk at 3700 South Washington which is presently 2'2" would remain at that width. 3. Cornell from Logan to Clarkson which is presently 29'6" would remain at that width and parking would be restricted to one side. The Traffic Department will do a study and inform Council of their recom- mendations for which side parking should be allowed. Council Member Fitzpatrick requested that the 3000, 3100, and 3200 of South Grant Street be removed from the paving district. COUNCIL MEMBER KEENA MOVED TO APPLY THE RESTRICTIONS SHE OFFERED TO THE ORDINANCE. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abstain : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor declared the motion carried. COUNCI L MEMBER FITZPATRICK MOVED TO DELETE THE 3000, 3100 , AND 3200 BLOCKS OF SOUTH GRANT STREET FROM THE PAVING DIS- TRICT ON THE BASIS THAT THEY DO NOT NEED PAVING. Council Member Bilo seconded th e motion. Upon a call of the roll, the vote re-sulted as follows : Ayes : Council Member Fitzpatrick. • I • - • • April 7, 1980 Page 10 Nays : Abstain: • • • Council Members Higday, Neal, Ke ena, Bilo , Bradshaw. Mayor Otis. The Mayor declared the motion defea ted. COUNCIL MEMBER HIGDAY MOVED TO PAS S COUNCIL BILL NO. 8, SERIES OF 1980, AS AMENDED. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain : Council Members Higday, Neal, Keena, Bilo, Bradshaw. Council Member Fitzpatrick. Mayor Otis. The Mayor declared the motion carried. Council Member Fitzpatrick stated he opposed the bill for ordinance on the grounds that 3000, 3100, and 3200 blocks were not deleted. Mayor Otis stated he abstained from voting on the issue because he was absent from the hearing. RESOLUTION NO. 10 SERIES OF 1980 * * * * * * RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GENERAL OBLIGATION WATER BONDS , SERIES JUNE 1, 1980 , IN THE PRINCIPAL AMOUNT OF $1 ,300,000. City Manager Mccown expla i ned the l anguage change for this resolution discussed earlier in the mee t ing. Mr. Mccown stated Assistant City Manager Curnes had been in contact with the Director of Finance who stated the chang e was a result of a typographical error and it was normal prac t ice for the City to pick the cost for providing CUSIP numbers for the bonds. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1980. Counc i l Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis • • I • - ( • • ( • April 7, 1980 Page 11 Nays : None. • • • The Mayor declared the motion carried. * * * * * * City Manager Mccown noted an error in the next agenda item -a resolution providing for the notice of sale of special assessment bonds for Paving District No. 26, in the principal amount of $106,000. Hr. McCown stated the amount was in error. He stated the amount should be $100,600 but even this amount needed to be verified. COUNCIL MEMBER HIGDAY K>VED TO SET A SPECIAL MEETING AT 7:15 P.M. ON APRIL 14, 1980, TO CONSIDER THE RESOLUTION AT WHICH TIME THE CORRECT AMOUNT SHOULD BE KNOW. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 1 1 SERIES OF 1980 * * * * * * A RESOLUTION ENDORSING PLANS OF RTD TO BUILD A LIGHT-RAIL SYSTEM. COUNCIL MEMBER NEAL K>VED TO PASS RESOLUTION NO. 11, SERIES OF 1980. Council Member Bilo seconded the motion • Counc il Member Keena offered i nformation to the Council concerning the s yst em. Upon a ca l l of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo , Bradshaw , Otis • None. The Ma yo r declared the motion carried • • I - 0 • \.,J • April 7, 1980 Page 12 • • • Council Member Neal asked the City Attorney to send the resolution with a cover letter from the Mayor to the appro-priate legislators. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO APPROVE A PROCLAMATION DECLARING nlE WEEK OF APRIL 20 -27, 1980, AS "SOUTH PLATTE RI- VER WEEK." Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented the judgement affirmed by the Supreme Court of Colorado in the case of City of Sheridan vs. the City of Englewood wherein the City of Sheridan wanted to charge an admission fee tax on the Englewood Municipal Golf Course located in Sheridan. Mr. Berardini informed Council the Court ruled in favor of Englewood and judged that Sheridan did not have the authority to issue the tax. * * * * * * City Attorney Berardini discussed the case of Kathleen Bueno vs. the City of Englewood. Mr. Berard ini transmitted a release and settlement agreement for the purpose of settling and disposing of the case. COUNCIL MEMBER NEAL K>VED THAT THE CITY ATTORNEY BE ALLOWED TO ENTER INTO THE AGREEMENT WITH KATHLEEN BUENO AND THAT PAYMENT BE MADE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote r e sulted as follows: Ayes: Council Members Neal, Fitzpatrick , Keena, Bilo, Bradshaw , Otis. Nays : Council Member Higday. The Mayor declared the motion carried. * * * * * * • I • - • • \...... ( • April 7, 1980 Page 13 • • • City Attorney Berardini informed Council the agreement for purchase of tract of land to provide additional off-street parking facilities for the Elsie Malley Centennial Center would be finalized in t he next few days. City Manager McCown transmitted a letter from the Chair- man of the Englewood Bicentennial Foundation stating the Founda- tion will abide by whatever purchase of land the Council chooses in this area whether it be the land to the south or to the east. * * * * * * City Manager McCown presented a Council ColllDUnication concerning Aid to Other Agencies. Mr. Mccown requested additional direction for funding. Mr. Mccown stated the additional requests are from Eco-Cycle, the V.F.W., and the Downtown Merchants Associa- tion. Mr. Mccown stated the request concerning Downtown Merchants Association would be brought to Council's attention on April 21. COUNCIL MEMBER BRADSHAW MOVED TO ALLOCATE $7,500 TO ECO-CYCLE. Council Member Keena seconded the motion. COUNCIL MEMBER HIGDAY MOVED TO ALLOCATE $5,000 TO ECO- CYCLE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Bilo. Council Members Neal, Fitzpatrick, Keena, Bradshaw, Otis. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Ma y or declared the motion carried. COUNCIL MEMBER NEAL MOVED TO DONATE $1,000 TO THE V.F.W • FOR THE PURPOSE OF BUYING TV SETS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Mayor Otis. • 0 I • - 0 • • April 7, 1980 Page 14 Nays : • • • Council Members Hi gday, Ne al, Fitzpatrick, Keena, Bi l o , Bradshaw. The Mayor declared the motion de fea ted. * * * * * * City Manager Mccown presented a Council Co111DUnication from the Department of Parks and Recreation concerning the award of bid for the Sinclair Pool resurfacing. Council discussed whether or not the responsibility of maintenance of the pool was that of the school or the City. COUNCIL MEMBER HIGDAY MOVED TO POSTPONE THE MATTER UNTIL APRIL 14, 1980, AT 7 :15 P.M. Counc i l Member Neal sec -onded the motion. Mayor Pro Tem Bradshaw stated it was important to get the project started and the school used the pool six weeks during the swi111111ing season. Council Member Higday withdrew his motion and Council Member Neal withdrew his second. COUNCIL MEMBER BILO K>VED TO AWARD THE BID FOR RESUR- FACING SINCLAIR POOL TO ROCKY K>UNTAIN POOL BUILDERS, INC., IN THE AK>UNT OF $19,494. Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carr i ed. Council Member Bilo noted the agreement between the school and t he City appeared to nebulous and asked that the City Manager checked into other agreements that need to be made more concrete. * * * * * * City Manager Mccown presented a Council ColllDUnication from the Director of Co1111JUnity Development concerning an out-of- state seminar on April 10 -11, 1980 , in Arlington, Virginia • I> I • - • ( • April 7, 1980 Page 15 • • • The Director of ColllDUnity Development related in his communication that the trip wo u ld be beneficial in assisting Englewood in devel- oping economic development programs. COUNCIL MEMBER BILO MOVED TO APPROVE THE OUT-OF-STATE TRIP FOR DIRECTOR OF COMMUNITY DEVELOPMENT WANUSH. Council Mem- ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Ma yor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning an appointment to the Downtown Development Authority. COUNCIL MEMBER NEAL MOVED TO APPOINT JAMES ARTZBERGER OF CINDERELLA CITY TO THE BOARD OF DIRECTORS TO THE DOWNTOWN DE- VELOPMENT AUTHORITY. Council Member Bilo seconded the motion. City Manager Mccown queried whether or not the appoint- ment was in keeping with the state legislation for the Downtown Development Authority. Mr. McCown stated six of the eleven mem- bers had to either own property or a business Englewood. Council Member Neal stated he was unaware of the condi- tions; however, more appointments were forthcoming offering more flexibility in the selection process. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Member Higday. Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Ma y or declared the motion defeated. COUNCIL MEMBER NEAL MOVED TO OFFER IN HIS PREVIOUS K:>- TION THAT THE APfOINTMENT OF MR. JAMES ARTZBERGER WAS SUBJECT TO HIS QUALIFICATIONS BEING IN COMPLIANCE WITH THE AUTHORITY. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, • I • - • • April 7, 1980 Page 16 • • • the vot e resulted a s f ollows: Ayes : Nays : Council Members Higday , Neal , Fi tzpatrick, Keena, Bilo, Bradshaw, Otis. None. !be Ma y or declared the motion carried. * * * * * * City Manager Mccown presented a me morandum from the Director of Parks and Recreation concerning Golf Course Fees at the Englewood Golf Course. The memorandum states no change in green fees. COUNCIL MEMBER HIGDAY MOVED TO CHANGE THE FIRST NINE HOLE ROUND OF GOLF FEE FOR SENIOR CITIZENS TO $2.00. Motion died for lack of a second. COUNCIL MEMBER NEAL K>VED TO POSTPONE CONSIDERATION OF CHANGE IN GOLF FEES UNTIL THE BUDGET IS CONSIDERED. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Otis. Council Members Higday, Bradshaw. The Mayor declared the motion carried. * * * * * * City Manager Mccown transmitted an article for Council's information on the pros and cons of industrial revenue bonds and housing mortgage bonds. * * * * * * Council set a study session to be held at 5 :00 p.m. prior to the town meeting on April 28, 1980 • Council Member Higday stated the special meeting on the 28th was for the purpose of receiving public input regard- • I • - - -- • • • April 7, 1980 Page 17 • • • -------- ing the establishment of a liquor licensing authority. He asked the newspaper reporters who were present to place the notice in their respective papers. * * * * * * Council Member Keena requested a study session to dis- cuss Santa Fe before meeting with the State officials. City Manager Mccown stated he understood he was to get Council some information concerning the matter by April 14th. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY l«>VED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:57 p.m. __ <:fa_----· f~-orrW~ • I • v l o ___ _ • - • • - ---- A e Na Absent Abstain Otis • • I . • • • - • • - ROLL CALL Moved S e cond ed Av e Nav Absent Abstain Hii:::dav ,,._...-- Neal ........ Fitzpat r i ck ....... Ke ena t..-- Ri1o (....-- Bradshaw (,...- Otis ,__. • • I • • • • - • • ---------·..;....-- ROLL CALL Moved Seconde d A ,ye Nay Absent Ab t 1 s an Hihday \ Neal l &.---F itzoat rick I ~ Ke e na I R11o I Bradshaw I Otis \ //L ~d . • I • • • • - • • - ----- ROL L CALL Moved Sec ond d e Ave Nav Absent Ab s tain Hi::dav Neal Fitzpat r ic k t.-Ke e na v Ri 1 0 Bradshaw Otis I 6 . i U ~ JI d..µ.o ~ nu ~~--~~ • • I . • • • - • • --~--::...-- R L CAL Moved Seconded Ave r,av Ab sent Abstain Hi .::dav I -Neal I Fit zoatricK Ke ena J ?.i, 0 T -Bradshaw l -Ot is • • I • • • • - • • --~----- ROLL CALL Moved Seconded Ave Nay Absent Abstain Hi~dav -"'\. 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Otis I • • I • • • • ~,.,. ; In - - • • • • • • RO LL CALL Moved Second ed A e Na Hi da Neal F itz atrick Ke ena 0 Bradshaw Otis Pfi£. ~ dJ-1--. g: 4 ~' <P /YlJ ~~ aL.. t/: 11.J r? ,.?'Y} _ . • - Absent Abstain I . • • - • • - RO LL CALL M d s d d A ove ec on e lYe ay sen s a n Hi ~~da.v ,__ N Ab t Ab t 1 Neal v- F itz oat r ic k '-"" Ke ena 4--- BiJo 4--- Bradshaw t--- Ot is l-- • • I • • • • - • • - ---- ROLL CA LL Moved Second ed Ave Nay Absent Abstain Hii;cday Neal -Fitzpatrick Keena Rilo Brad shaw Otis • • I . • • • - • • -...,...._ ----- ROLL CALL Moved Second ed Ave Na y Ab sent Ab st ain Hi~dav Neal Fitzoatrick Ke ena RilO Bradshaw Otis • • I . - - • • • • • ROLL CA LL Moved Seconded Aye Nay Absent Abstain Hir::day Neal Fitzoatrick Ke ena Bi1o Bradshaw Otis . QJ~Ju -~ _L,<.dLti..IA) ~ ~~ -1-4 4ffe ~ ,d ~ i<.u ~ • • I . • -- • i . • - ---===---_.--- I ROLL CA LL M d S d d ove ec on e Ave Nav Absent Abstain Higdav Neal /./' F itzpa trick Ke ena Bi lo v-Bradshaw Otis -- ~ ~~ (VY>~ .-6,.d: ~-"!~ • • I . • • • - / ROLL CA LL Move d Se c onded Bi o Bradshaw Otis • • • • • • _;;c -:..- Na Absent • _ . .,,.__ _ Abstain I I I I • • - • • --........ --------- I ROLL CA LL Moved Secondej ~ Ave Nav Absent Abstain Hi ,·dav "\ ~ Neal \ Fitzoatrick I Keena I Bi lo I Bradsh a w I Otis l • • I . • • - • • ----------;z---=:. ___ ,..:_ __ ---- ROLL CA LL Moved Second ed Ave Nav Absent Abstain Hir,aay Ne al l:"itzoa t ricK Ke ena Biio Bradshaw Otis • • I . • • - • • ' - ROLL CA LL M d S ove d d ec on e A ,ye Na y Absent Abstain Hii:-;da.v Neal Fitzoatrick Ke ena Bilo Bradshaw Otis • I . • • ; In • - • • - -- ROLL CALL M ove d s d d econ e A •Ye N ay b +-A sen ... Ab 1 sta n V"" Hi,~dav \ Neal I Fitzpatrick ~ Keena Bi lo Bradshaw Otis ....- • I • • - • • ROLL CALL Moved Seconded A e Na Absent Abstain Otis • ~~a-~~r~~ ~OJ-av ;0~ a-C ~ ~ ,,,,;-; ~ r--~~ f(~ • I . • • - • • ROLL CALL Moved Se c onded A e Na Absent Abstain Hi da ! eal 1''itz atrick Keena i 0 Bradshaw Otis • • I • • • • • - • .. • - ROLL CA LL M d ove Seconded ,,,.... Hii::dav Ave Nav Ab sent I Abstain ' iJeal Fitzoatrick Keena Rilo c..--Bradshaw Otis I • I . • • • • - • ,. I • - ~--=--=---..::.=--_---_---' ROLL CA LL Mov ec.i Seconde d Ave Na v Ab sent Abs t ain Hi<""nav -Neal -Fitzoatrick ..-. -Keena - B11o - Bradshaw -Otis - • • I • • - • .. l . • - -~· RO LL CAL L Moved Sec onded Av e Nay Absent Abstain Hi~ciav \ Neal 1 Fitz oa trick 7 ""' Keena I Bi lo ~ Brad shaw J Otis • • I . • • - - • • • • • . . • ROLL CALL Moved Sec o d d n e Aye Nay Absent Abstain ~ Hi~dav \ Neal \ F i tzoat rick I Ke ena I --Rilo I Bradshaw \ Otis \ 1 (L,. ;u:/; a,~ ~ a,G 'l.· tSfP /YJ CYf c:/-I c/, ,,% ~ -~4'>) • I . • • - • • ROLL CALL Mov ed Seconded A.ve Nav Absent Abstain Hir;dav Neal Fitzpat rick Keena Bi lo Bradshaw Ot is • • I . • • • - • • ROLL CALL M d S ove econ d d e A lye Nay Absent A 1 bsta n Hic:dav ;~eal Fitzpatrick Keena R~]Q Bradshaw Otis • • I . • • • - • • ROLL CA LL Moved Second ed Aye Nay Absent Abstain Hi;:;day \ ......-Neal J Fitzoatrick / Ke ena I ,,__. R1 .lo \ Bradshaw \ Otis } • I . • • • - • • - -~ RO LL CA LL • • I • • • - • • - ROLL CALL M ove d s d d econ e A >Ye N ay Abaen t Ab t i s a n .... Hii:::da.v \ ~ Neal I F itzpatrick I Ke ena I 8110 I Bradshaw \ Otis ( • • I • • • - • • -~-~----~- ROLL CALL Moved Second ed Abstain A e Na Absent Hi·da Neal 1''itz a trick Ke ena i 0 Brad shaw Ot is • I . . .~~~--------~----------~~=--=---·~ • . • • - • • ..... ~--- ROLL CALL M S oved econd ed Ave Nav Absent Abstain Hi >:dav ,,,,,-Neal ~ .-F i tzpatrick Keena Ri1 o Brad shaw Ot i s • • I • • • • - • • - -------- RO LL CALL M d S d d ove econ e Aye Nay Absent Abstain Hi r:dav Neal F itznatrick Ke ena Bi lo Bradshaw Otis ' • • I . • • • - • • - RO LL CALL Moved Seconded Na Absent Abstain • • I • • • • ,,..;I n • - • • ROL L CALL Moveu Seconded Aye Hir;day Nay Absent Absta n 1 Ne al F itzoatrick Keena Rilo Bradshaw Ot i s • • I . • • • - • .. • - RO LL CAL L Move d S ec onded Ay e Nav Absent Abstain Hii:-;dav Neal Fitzpatri c k ,,_ Ke e na R1 l o ~ Bradshaw Otis -· tJ M -~qu,U.., ~U-0 ;z;;-~<H-0 tPa ~ ~ • I . • • • - • • - ROL L CALL Moved Se conded A e Na ~ Hida - Absent Abstain Neal Fitz atrick I • • • • - • • - ROLL CALL Moved Sec on d ed Aye Nay Absent Abstain Higday -Neal ' Fitzoatrick I Ke ena R11 o Bradshaw Otis I . • • - - • • • • • ___.__.. m __ .::E_ .... ROLL CALL M oved Second ed Ave Nay Absent Abstain Hi i::d a v Heal F itzpatrick Ke ena B11o Bradshaw Otis ~~ ~bd ~~;A'W~ a~ P"f ~ ~-"'--'-' ~~f- • - I . • 'l!l ·Jn - • • • • --- ROLL CALL Moved Second d e Aye Nay Absent Hic:day ' ...-neaI I F itzoatrick I Ke ena I L---Rife I Brad ,.haw \ Otis I.- ~~-~ ~ ~ ~ 11-<tt_/ ~ , ~?v f~ ~.;_cfl~~ /}lUd . • • -~ - Abstain I . • - • • - .... ROLL CALL Moved s econd ed Ave Na y Absent Abstain -iii.,..rl"a v -Nea1 Fitzoatrick Ke e na ~ ... , ] 0 Bradsh aw '-Otis • I • • • - • • - .-----· ....___ - ROLL CALL Moved Seconded Ave Nay Absent Abstain ,, Higday '--Neal Fitzoatrick Ke e na B:ilo Bradsh aw Otis ~ -~.A-<J.Ajitfu-.~~) ~~ ~ p;y~UJ • I . • • - • • ---·· ROLL CALL M ove d s d ' econ ea A lye N a y Ab aen t Ab t 1 s a n Hii::day "\. Neal I Fitzpatrick I Keena '--"" Bi lo '----Bradshaw Otis ' • • I • • • • In _,~ ·I n • - • • - ~----- ROLL CALL Mo d S ve econdec i-lis::day Aye N11v Absent Abstain Neal Fitznatrlck Keena IH 10 Bradshaw Otis • • I . • • • - • • - ROLL CALL M oved d Secon ed Aye Nay Absent A 1 bsta n Hic:day '\ -Neal J Fitzoatrick / Ke ena -IH 1o Bradshaw Otis t ;{db • • I • • • • - • • - -~---- ROLL CALL Moved Seconded Aye Nav Absent Abstain iiii:;day I~ Neal Fi t zoatrick Ke ena --R1lo Bradshaw Otis • • I . • • • "'~In • - • • - ROLL CALL Moved Second ed Aye Nay Abaent Abstain !,/"" Hi~day ....- Neal '\ Fitzoatric k J Ke ena I ---Ri_lo I Bradshaw I Otis • ,.I • I • • \ • • • - • • - ROLL CALL Moved Seconded Ave Nay Absent Abstain Higda:v -Neal Fit zpatrick Keena Ri1o Bradshaw Otis I . . • • "'""'""-;In • - • • - ROLL CALL Moved Second ed Aye Nay Absent Abstain ...... Hi r::day Neal F itz oatric k Keena Ri 10 Bradshaw Otis &. C/Jzto~~ ioe~n~ ~ C-'-?'°U,../ I • • - • • ---=-=-='==----~-- ROLL CA LL Moved Se conde A e Na Absent Abstain Hi da ileal Fitz a trick - • • I . • • • - • • - ROLL CAL L Moved Seco d d n e Ave Nav Absent Abstain Hii:::dav Neal ' Fitzoat rick Ke e na IH 1 n Bradsh aw Otis • 1 • I . • • • - • • - ROLL CAL L M ove d s e c on d d e A lye N ay Ab sen t Ab t 1 s a n Hir;day -Neal -Fitzpat ri c k - Ke e na - R1ln Brads haw . -Otis - • 1 • I • • • - • • • • • ROLL CALL Moved Seconded AYe Nay Absent Abstain Hii:;day Neal Fitzoatric k Ke ena Bi lo Bradshaw Otis (j_,, ~~1-fll..~LJY~~~ ru~ ~~1(},t - ~-~ U+tli~/Yl~~ ~ • • I . - • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 7, 1980 7:30 P.M. Call to order, invocation l5y Mr. Dave Disney, Assistant to Pastor at First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troop #92, and roll call . 1. Minutes. 2. (a) Minutes of the special meeting of March 24, 1980. (Copies enclosed.) (b) Minutes of the special meeting of March 31, 1980. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- aentation to 10 minutes.) (a) Mr. Stewart Fonda, Director of Utilities, . :J,-will be preaent to discuss the Resolution ~~~ri.rl"I providing for the Notice of Sale of the J;tt~-:vJ.::. ,.IJ . ~':~C:~.1 -Obligation Water Bonds -: Item 7 (d). '<.../,~/;;._JJ:_r -'-"~·U ~§ ~~~L.~Jr'(p · v-~-0 (b) Mr. Richard H. Plock, Jr., attorney, repre-~ senting Colorado cable Corporation, will be ~ present to discuss the Ordinance on Final J Reading concerning cable television. • (c) Mr. Dick Losey, Englewood V.F.W. Post #322 Public Relations and Hospital Chairman, will be present to request funding for TV sets to be placed in the Veterans Hospital. 3. Other Visitors. (Please limit your presentation . to 5 minutes . ) j IL' cl IJ J 71 IO..J1, .,,.40n -/fa'l.Lld.-'li?rlAj' '16 D a A 1-fjtJ YI) -~~V-o' s a J . -~i!~ ~'Yll t:W) .. H ~ 1 xix~-T> (;,_, ~:.,.,,, ..;,u ~ u10:»1"" 4. Pulil ic Hear :mg. · 0 ' • I . - - • c • • • Page 2 April 7, 1980 Agenda 5. CODIDUllications -No Action Reconmended. (a) Minutes of the Denver Regional Council of Governments meeting of February 20, 1980. (Copies enclosed.) (b) Minutes of the Board of Career Service Conmissioners meeting of February 21, 1980. (Copies enclosed.) (c) Minutes of the Englewood Housing Authority Annual Meeting of February 27, and the Regular Meeting of February 27, 1980. (Copies enclosed.) (d) Minutes of the Building Code Review Conmittee meetings of March 13, and March 20, 1980. (Copies enclosed.) (e) (f) Minutes of the Parks and Recreation Conmission meeting of March 13, 1980. (Copies enclosed.) Minutes of the Downtown Development Authority meeting of March 26, 1980. (Copies enclosed.) Municipal Court Activity Report for the month of March, 1980. (Copies enclosed.) Memorandum from the Director of the Bi-City Wastewater Treatment Plant to the City Manager concerning the February, 1'8~ Monthly Report .. (Copies enclosed.) 6. Conmunications -Action Reconmended. (a) Minutes of the Water and Sewer Board meeting of March 11, 1980 with the following recom- mendations : {}/) Le _p_~.D?dL Y1tl '>'Llv(i) i µ,u;,, 1 ~lu cu:rw _,,vw ?'it concerning the Valley Water Total Service Contract; and f l f f If (ii) .,.L-/ µc::u.~ ,_ {L.0,r concerning a $5.00 Charge for Delinquent Accounts . (Copies enclosed .) ( • (b) Request for the annual renewal for a 3.2 beer retail license -off premises for the 7-11 Store, 2705 South Broadway. (Copies enclosed .) • I - • • r • • • Page 3 April 7, 1980 Agenda 7. City Attorney . Ordinances on Final Reading . (a) (b) Ordinance repealing and reenacting with amend- ments Ordinance No. 33, Series of 1967, granting to Mountain States Video, a partnership, a nonexclusive, revocable permit and license to operate within the City of Englewood, Colorado, a system for reception and distribution of a system for reception and distribution of pictures and sounds by cable, sometimes known as cable television system, and providing conditions and regulations relating thereto. (Copies enclosed.) Ordinance granting to the City and County of Denver, State of Colorado, a municipal corpora- tion, acting by, through and for the use of its Board of Water Commissioners, a permit to construct and maintain a water conduit through the City of Englewood, Colorado, a municipal corporation, and declaring an emergency. (Copies enclosed.) for an Ordinance. (c) Bill creating Paving District No. 27 in the ~{\.City of Englewood, Colorado, ordering the (3 off~. 1 fpP 0 construction and inst311ation of street paving, (J . · tt,V' curb and gutter and sidewalk improvements; )Y\ ~ ,yJ'.,I providing for the issuance of bonds in payment . ,~d--tft&,.,.:J-for said improvements; and setting forth other --{ft/J!'"'" ~~ details in connection with the District. ~JP (Copies enclosed.) dF/D Resolutions. (d) Resolution providing for the Notice of Sale of General Obligation Water Bonds, Series June 1, 1980, in the principal wnoun~of . $1,300,000. (Copies .. .iuee:) '11!>bl.~IV\.\ltJ.) (e) Resolution providing for the Notice of Sale of Special Assessment Bonds for Paving District No. 26, in the principal amount of $106,000. (Copies enclosed .) ~ ci».J-., ~o o,')11.Jll--JJ 4 (f) Resolution endorsing plans of RTD to build ~~ ,Jrll a light-rail system. (Copies enclosed.) ( • • - I • • - 0 • c • • • • Page 4 April 7, 1980 Agenda 7 . City Attorney (Continued). Proclamation. (g) 0-fr'b)flcl . Proclamation proclaiming the week of April 20-27, 1980 as "South Platte River Week." (Copies enclosed.) Other Matters. (h) City of Sheridan v. City of Englewood judgment affirmed by the Supreme Court of Colorado. (Copies enclosed.) (i) Attorney's Choice. 8. City Manager (c) Council Co11111Unication from the City Manager concerning Aid To Other Agencies. (Copies enclosed.) Council Co11111Unication from the Department of Parks and Recreation concerning the award of bid for the Sinclair Pool resurfacing. (Copies enclosed.) Council Co11111unication from the Director of Co11111Unity Development concerning an out-of- state seminar entitled "Competing Successfully for Action Grants on the new E .D.A. Urban Development Funding Program" April 10-11, 1980 in Arlington, Virginia. (Copies enclosed.) Council Co11111unication from the City Manager concerning an appointment to the Downtown Development Authority. (Copies enclosed.) Memorandum from the Director of Parks and Recreation to the City Manager concerning Golf Course Fees at the Englewood Golf Course. (Copies to be transmitted.) (f) Manager's Choice. 9. General Discussion. (a) Ma yor's Choice . (b) Council Member's Choice. /) 10. Adjournment. Is~ r·rf0. c11u!.~~ 10 ' AND~:t{~~~ Citf ;nager • I . • - ( • • c • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 24, 1980 I O-- The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 24, 1980, at 7:30 p.a. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown RESOLUTION NO. 9 SERIES OF 1980 Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD NAMING THE NEWLY EXPANDED PORTION OF THE CHARLES ALLEN FILTER PLANT IN THE HONOR OF VINCE WERTIN. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I . - 0 • • March 24, 1980 Page 2 • • • Mayor Otis read the resolution in its entirety and pre- sented the resolution to Mr. Vince Wertin. Mr. Wertin received the resolution and gave appreciative remarks to the Mayor and Council. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 3, 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Keena noted corrections to the minutes of the special meeting on March 10, 1980. The correction was on page 8, second line -change $2,6000 to $2,600. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 10, 1980, AS AMENDED. Council Member Higday seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mrs. Kathy Busch, President of Arapahoe County League of Women Voters, 2305 West Berry, Littleton, appeared before Council. Mrs. Busch discussed the 1980 publication of the Voter's Guide and expressed appreciation for the support the Council had given in the past. She requested further funding in the amount of ~700 for the purpose of continuing the publication next year. She stated a letter of request had been submitted to Council. Mayor Otis thanked Mrs. Busch for the voter's guide and stated that Council would take her request into consideration. * * * * * * I • - • • ( • March 24, 1980 Page 3 • • • Mr. James Sprinkle, 500 East Grand, appeared before Council. Mr. Sprinkle stated he was the business manager for All Souls Catholic Church, 435 Pennwood Circle. Mr. Sprinkle asked that a public hearing date be set for the application for a Special Events Permit to serve beer, wine and liquor on June 7 and 8, 1980, at the annual festival. COUNCIL MEMBER HIGDAY MOVED TO SET THE PUBLIC HEARING DATE ON APRIL 21, 1980, AT THE REGULAR COUNCIL MEETING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mr. Brian Kittle, representative for Southland Corpora- tion, appeared before Council. Mr. Kittle presented his request for a 3.2 beer (consumption off the premises) license for two 7-11 Stores located at 3501 South Logan Street and 3900 South Broadway. COUNCIL MEMBER HIGDAY MOVED TO ESTALBISH THE NEIGHBOR- HOOD AS ONE-RALF (1/2) MILE RADIUS FOR THE 7-11 STORE LOCATED AT 3501 SOUTH LOGAN. Council Member Neal seconded the motion. Council Member Bradshaw opposed the motion and stated she preferred the designation of neighborhood to be . larger possi-bly one mile radius. Mr. Kittle statead the one-half mile radium would be more appropriate since these stores were shopping conveniences for small designated neighborhoods. He opposed a one mile radius designation • Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otis. Council Member Bradshaw. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET THE PUBLIC HEARING DATE FOR THE 7-11 STORE, 3501 SOUTH LOGAN, ON MAY 12, 1980, AT 7:30 P.M • • I • • - • • March 24, 1980 Page 4 • • • Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET THE PUBLIC HEARING DATE FOR THE 7-11 STORE LOCATED AT 3900 SOUTH BROADWAY ON MAY 12, 1980, SUBSEQUENTLY FOLLOWING THE HEARING ON THE 7-11 STORE AT 3501 SOUTH LOGAN; AND THAT THE NEIGHBORHOOD BE DESIGNATED FOR ONE-HALF (1 /2) MII.E RADIUS. Council Member Higday seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mr. Dick Dittemore, attorney, office in the Continental National Bank, appeared before Council and presented a request for a 3.2 beer license for El Rancherito located at 16 East Girard Ave- nue. Mr. Dittemore requested that a public hearing date be set and a neighborhood be established. Mr. Dittemore amended the ap- plication for "3.2 beer -on premise service". Mr. Dittemore sub- mitted a check for $500 to pay for the petitioning survey fee of the designated neighborhood. Mr. Dittemore asked several questions con- cerning performing a petitioning survey in the confines of the res- taurant. Mr. Berardini stated the court has decided that the signature of patrons for licenses of this type are not admis- sible unless they were of residents of the neighborhood or owners or business managers of businesses in the area. COUNCIL MEMBER FITZPATRICK TO MOVED THAT THE DESIGNATED NEIGHBORHOOD BE FOR A ONE (1) MILE RADIUS EXCEPT TO THE NORTH AS FAR AS YALE. Council Member Higday seconded the motion. Council Member Bilo opposed the one mile radius designa- tion and stated he preferred the area to be smaller. Upon a call of the roll, the vote resulted as follows: • I • - ( 0 • • March 24, 1980 Page 5 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL tl>VED TO SET THE PUBLIC HEARING DATE FOR MAY 12, 1980, AT 6:30 P.M. Council Member Higday sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. * * * * * * Mr. Milton Brown, 3162 South Emerson Street, appeared before Council and discussed his concerns regarding the poor ser- vice he has received in trash removal. Mr. Brown stated he was neither receiving trash pick-up at his residence, 3162 South Emer- son, nor the property he rents out, 3369 South Emerson. Mr. Brown stated he has a contract with USDS but has to call them constantly to pick up trash. Mr. Brown stated he contacted City Manager Mccown prior to this meeting regarding his problem. Mr. Mccown stated he called the trash removal company and they could not substantiate why they were not picking up the trash. Mayor Otis advised Mr. Brown to make an appointment with Mr. McCown to find out if the problem could be further investigated. * * * * * * Mayor Otis asked if there were any other visitors wish-ing to speak to Council. Maurice Merlin, 3668 South Sherman, appeared before Council and referred to the agenda items regarding award of bids for various equipment. Mr. Merlin spoke against the City owning equipment outright and suggested renting it instead. Mr. Merlin asked that Council consider his suggestion before taking action on the awarding of bids, Mr. Harry Carleno, 5471 South Sherman, Littleton, ap- peared before Council and spoke in opposition to the water tower • I • - 0 • • March 24, 1980 Page 6 • • • presently under construction at the Eugene Field School for the reasons that the tower would be too high to cover up easily and that its presence would depreciate the property in the neighbor- hood. Mr. Carleno submitted a petition contatning 23 signatures of residents in the surrounding area in opposition to the con- struction of the water tower and requested that it not be com- pleted. Mr. Carleno suggested that the tower be reduced in size, painted a sky blue color or placed underground. Mr. Vic Quinn, attorney, 1415 Security Life Building, appeared before Council and spoke in opposition to the water tower. Mr. Quinn stated he represented the University of Denver in the interests of its new chancellor, Mr. Pritchard, and prop- erty on which Mr. Pritchard lives. Mr. Quinn stated the property was in the vicinity of the water tower site. Mr. Quinn stated the tower would make the area unsightly and effect property values. Mr. Quinn stated most of the people in the audience were in op- position to the tower, they were not residents of Englewood and would not receive any benefit from it. Council Member Higday stated he was sympathetic with the people; however, the water tower was the only answer to solv- ing water pressure problems the City was experiencing in that part of town. Mr. Higday stated a public hearing was held on the pro- ject; the school district was contacted and, based upon informa- tion received, construction was approved. Mr. Higday stated he knew of no alternative that would not financially destroy the pro- ject. Mayor Otis asked Director of Utilities Stu Fonda to appear before Council and explain the matter. Director Fonda appeared before Council. Mr. Fonda explained the water pressure in the southern portion of the City had been inadequate for nearly 20 years. Several attempts, had been made, none of which had been successful, to increase the pressure. The principle developed by the City's consultants was to have an elevated surface that would be high enough to pressurize the system. The site was chosen after looking at several areas where the tank could be located, and the only lo- cation in the City that was adequate because it was the same elevation as the highest ground that it served. The site was also the only vacant land that the City had that could be used for this purpose. Mr. Fonda discussed the advantages of having an eleva- ted storage tank versus pumps. Mr. Fonda stated the proP.erty owners directly adia~ent to the tank site were contacted ana most of the people see~ed • D I • - ( 0 • ( • March 31, 1980 Page 7 • • • happy that the land was going to be rid of the bushes, bugs and motorcyclists. The school district was contacted and they pro- vided an easement across their lot. Donald Bogner, 5360 South Grant, appeared before Coun- cil and spoke in opposition to the tower. Mr. Bogner stated he worked for the Denver Water Department and felt it was a better system for storage, regulation and distribution of pressure. Mr. Bogner stated he felt the City was remiss in not contacting him and destroying property values. Council Member Fitzpatrick stated the contract has been let for some time and work has proceeded to the point that costs would be prohibitive for tearing it down and starting over. Mr. Fitzpatrick stated the only thing to do was to finish construction and at some future date hope that some other system could be in- stalled. Mayor Otis declared a recess at 8:40 p.m. The Council reconvened at 8:55 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. Mayor Otis asked if there were any other visitors wish- ing to speak to Council. Mr. Harry Carleno reappeared before Council and sub- mitted a second petition with 11 signatures of people in opposi- tion to the construction of the water tower. Council Member Higday stated Council informally agreed to form a conunittee to investigate what could be done to make the tower more asthetically acceptable. Also, some of the residents of the area pointed out to him it was a definite hazard to some of the children living in the area because of the construction itself. Mr. Higday asked the City Manager to see what could be done about putting a fence around the area. Mrs. Isabella Knight, 3021 South Lincoln, appeared be- fore Council and spoke about her concerns over problems with do s running at large and barking. Mrs. Knight stated too much of an issue was being made over the cats when the problem was dogs. • t I • - • • March 24, 1980 Page 8 • • • Council Member Fitzpatrick advised Mrs. Knight to call the dog catcher immediately the next time she noticed any pro- blems with dogs. were: * * * * * * "Communications -No Action Recomm ended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Minutes of the Board of Adjustment and Ap- peals meeting of Februar y 13, 1980. Minutes of the Parks and Recreation Com- mission meeting of February 14, 1980. Minutes of the Building Code Review Com- mittee meetings of February 14, February 28, and March 6, 1980. Minutes of the Planning and Zoning Commis- sion meeting of February 20, 1980. Minutes of the Water and Sewer Board meet- ing of February 26, 1980. Minutes of the Downtown Development Authority meetings of February 27 and March 12, 1980. Minutes of the Library Board meeting of March 11, 1980. Memorandum from the Wastewater Treatment Plant Director to the City Manager concern- ing the January Report. Memorandum from the Director of Public Works concerning the Annual City Cleanup. Memorandum from the Municipal Judge to Mayor and Members of Council concerning the Munici- pal Court Activity Report for February, 1980. In response to Council Member Bradshaw's question, City Manager Mccown stated notice of the Annual City Cleanup would be published in the Englewood Citizen and the Englewood Herald Sentinel. COUNCIL MEMBER NEAL MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. ) Upon a call of the roll, the vote resulted as follows: • • I • - • ( • March 24, 1980 Page 9 Ayes: Nays: • • • Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Keena noted the Annual City Cleanup schedule should be coordinated with Eco-Cycle pick-ups. * * * * * * Mayor Otis presented a Council ColllllUnication regarding request for an annual renewal for a liquor license for Paul's Restaurant and Pizzeria. COUNCIL MEMBER NEAL MOVED TO APPROVE THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Conmunication regarding a recounnendation from the Planning and Zoning Co111Dission meeting of March 4, 1980 , concerning a public hearing on an application to rezone certain land in the City from R-1-C, Single-Family Re- sidence, to R-2-C, Medium Density Residence, south of West Quincy Avenue and west of South Lipan Street. COUNCIL MEMBER BRADSHAW MOVED TO SET THE PUBLIC HEARING DATE CONCERNING THE APPLICATION TO REZONE FOR MAY 27, 1980, AT 7 :30 P.M. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bi lo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • , I • - • • March 24 , 1980 Page 10 • • • Mayor Otis presented a Council Communication regarding the Water and Sewer Board meeting of March 11, 1980, concerning possible annexation of additional land into Southgate Sanitation District -Supplement 73. COUNCIL MEMBER KEENA MOVED TO APPROVE SUPPLEMENT 73 SOUTHGATE SANITATION DISTRICT WITH THE STIPULATION THAT NO ADDI- TIONAL TAPS BE GRANTED UNDER THE TAP ALLOCATION PROGRAM. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co1t111Unication concerning Aid To Other Agencies, COUNCIL MEMBER HIGDAY MOVED TO APPROVE IN REFERENCE TO AID TO OTHER AGENCIES THE FOLLOWING: INTER FAITH TASK FORCE ENGLEWOOD PARADE TOWN OF LITTLETON CARES ARAPAHOE HOUSE LEAGUE OF WOMEN VOTERS Council Member Bradshaw seconded the motion. $10,000 2,500 1,000 AMOUNTED GENERATED THROUGH INCREASE IN LIQUOR LICENSE FEE 700 Council Member Keena noted Council would be considering guidelines for which to approve monies to Aid To Other Agencies and solicited suggest i ons from the citizenry. Upon a call of the roll , the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • The Mayor declared the motion carried, * * * * * * • I • ( - ( 0 • ( • March 24, 1980 Page 11 • • • Mayor Otis noted the next agenda items concerned award of bids for various equipment and asked Mr. Mccown if a study existed concerning leasing equipment versus purchasing it. Mr. Mccown stated no actual study was available but he could research the matter and report back to Council. Mayor Otis stated such a study would be appropriate for future purposes of awarding bids; but encouraged Council proceed with the award of bids on the next agenda items. COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE MOTOR GRADER TO THE LOW BIDDER "PETE HONNEN EQUIPMENT COMPANY" IN THE AMOUNT OF $55,473.00. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE ARTICULATED FOUR-WHEEL DRIVE LOADER TO THE LOW BIDDER "A.P.I. FORD TRACTOR SALES" FOR $36,139.25. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bi lo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR TWO TANDEM TRUCKS TO THE LOW BIDDER "COLORADO KENWORTH" FOR $75,200.00. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • • I • - 0 • • March 24 , 1980 Page 12 • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE ACID TANK TRAILER TO THE ONE BIDDER "AMERICAN TRANSPORTATION COMPANY" FOR $24,822.00 AND FOR ONE TANDEM AXLE TRAILER TO THE ONE BIDDER "FRUEHAUF CORPORATION" FOR $26,859.00. Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counci Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Assistant City Manager Curnes noted the awards were reversed in the motion. COUNCIL MEMBER KEENA MOVED TO RESCIND THE AFOREMENTIONED MOTION CONCERNING AWARD OF BID FOR THE ACID TANK TRAILER AND THE 'J.'IU'IUC.l"l AAi...c. uuu.J..r..K. 1..ounci..L Memoer Draasnaw seconaea t:ne mot:i.on. u.,uu tt \;ttJ..L u.L 1.11t! .LU.LL, Lne vot:e resu.Lt:ea as ro.L.LOWS: Ayes: Nays: ~ouncil Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE ACID TANK TRAILER TO THE ONE BIDDER "FRUEHAUF CORPORATION FOR $26,859.00 AND TO AWARD THE BID FOR ONE TANDEM AXLE TRAILER TO THE ONE BIDDER "AMERICAN TRANSPORTATION COMPANY" FOR $24,822.00. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co11111Unication concerning award of bid for the purchase of one street sweeper • • 0 I • - ( • • March 24, 1980 Page 13 • • • Mr. Mccown explained the rationale behind staff's recommendation to award the bid be made to Booth-Rouse for the FMC Wayne Sweeper was based on the savings benefited from its low maintenance and fuel even though the sweeper from H. W. Moore for the Mobile Sweeper was actually was the low bidder. Council discussed the annual auction at which the City's old equipment was sold. Council instructed Mr. Mccown to provide an estimate on proceeds from this year's auction. Council Member Neal requested Mr. Mccown to provide an analysis of the advantages and disadvantages of retaining old sweepers and graders in reserve to do random services in the City. Mr. Mccown stated special services may have to be cut back due to the gas allocation program but he would in-struct staff to provide the study. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR ONE STREET SWEEPER TO THE LOWEST AND BEST BIDDER "H. W. MOORE" FOR $47,397, THE REASONS BEING A SAVINGS ON PARTS AND FUEL. Counci Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 ~~~ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS ORDINANCE NO. 33, SERIES OF 1967, GRANTING TO MOUNTAIN STATES VIDEO, A-.p.t,M'-HSBSHi~. A COLORADO CORPORATION, A NON-EXCLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY BY CABLE, SOMETIMES KNOWN AS A CABLE TELEVISION SYSTEM, AND PRO- VIDING CONDITIONS AND REGULATIONS RELATING THERETO • • t I • - 0 • • March 24, 1980 Page 14 • • • City Attorney Berardini noted and reviewed several corrections and proposed amendments to Council Bill No. 5. Mr. Emmet White, 6689 South Locust Way, representative for Mountain States Video, appeared before Council for the pur- pose of answering questions concerning the proposed bill. Mayor Otis declared a recess at 10 :00 p.m. Council reconvened at 10:15 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. City Attorney Berardini continued with the notation of amendments to the proposed bill. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1980, WITH THE AMENDMENTS ON FIRST READING. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. · None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, TIIROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT TIIROUGH THE CITY OF ENGLEl«X>D, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. • ) , I • ( - • • c • March 24, 1980 Page 15 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 7, SERIES OF 1980, ON FIRST READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 8 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PRO- VIDE ADDITIONAL OFF-STREET PARKING FACILITIES FOR THE ELSIE MALLEY CENTENNIAL CENTER; AND SUPERSEDING AND VOIDING THE PROVISIONS OF RESOLUTION NO. 26, SERIES OF 1979. City Manager Mccown noted the resolution pertained to land south of the center rather than the land to the east which was originally planned. Mr. Mccown stated a member of the Bi- centennial-Centennial Foundation Co111Dittee COlllDUnicated to him verbally no objection to Council's purchase of the land to the south. Mr. Mccown stated the Parks and Recreation Coumittee was interested in purchasing the land to the east. Council instructed Mr. Mccown to write a letter to the Parks and Recreation stating why Council was interested in buy- ing land to the south of the center rather than to the east. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * City Attorney Berardini discussed the action brought against the City by KPL, Inc. in a matter concerning a liquor license application. • I • - • • March 24, 1980 Page 16 • • • COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE THE CITY AT- TORNEY TO RESPOND AND ACT IN THE MATTER OF KPL, INC. VS. THE CITY OF ENGLEWOOD. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried, * * * * * * City Manager Mccown presented a Council Co11DDUnication regarding the Colorado Municipal League's request for financial participation by Colorado municipalities in its opposition to the proposed 1980 Mountain Bell rate increase. F.nglewood's share would be $1,488.12. COUNCIL MEMBER BILO MOVED TO AUTHORIZE PARTICIPATION BY THE CITY OF ENGLEWOOD WITH THE COLORADO MUNICIPAL LEAGUE IN OPPOSITION TO !«>UNTAIN BELL PENDING RATE INCREASE. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co11111Unication concerning an amendment to the Urban Drainage and Flood Control Agreement dated March 5, 1979. The amendment provides for a feasibility study of Prentice and Berry dams costing the City an additional $8,505. COUNCIL MEMBER KEENA MOVED TO APPROVE THE AMENDMENT TO THE CONTRACT ADDING $8,505 FOR A FEASIBILITY STUDY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I I • • () - • • • • • • March 24, 1980 Page 17 The Mayor declared the motion carried. * * * * * * system. Council discussed the proposed RTD light rail transit COUNCIL MEMBER NEAL MOVED TO SEND A LETTER WITH THE MAYOR'S SIGNATURE TO THE STATE LEGISLATORS SUPPORTING THE RTD LIGHT RAIL SYS- TEM AND INSTRUCTED THE CITY ATTORNEY TO PREPARE A RESOLUTION TO BE PRESENTED AT THE NEXT REGULAR COUNCIL MEETING SUPPORTING THE SYSTEM AND FORWARDED ONTO THE STATE LEGISLATORS. Council Member Bradshaw seconded the motion. Council Member Keena stated she was not opposed to the system; however, she did not have enough information to vote affirma-tively for the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Members Higday, Keena. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10:45 p.m. ~--- • • I . - • • ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 31, 1980 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 31, 1980, at 7:30 p.m. to order. Mayor Pro Tern Bradshaw, presiding, called the meeting The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Mayor Pro Tem Bradshaw. Mayor Pro Tern Bradshaw asked for roll call. Upon a call of the roll , the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. Absent : Mayor Otis. Mayor Pro Tem Bradshaw declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER HIGDAY MOVED TO OPEN THE PUBLIC HEARING ON PAVING DISTRICT NO. 27. Council Member Bil~ seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tem declared the motion carried. City Manager Mccown gave opening remarks on the back- ground, creationl method of p~yment and other ba~ic points re-garding paving d stricts in the City of Englewoo • • I • - • • March 31, 1980 Page 2 • • • Director of Engineering Services Diede presented techni- cal information on paving sections, criteria for assessment, and type of construction recommended for various streets and alleys pro- posed for Paving District No. 27. Mayor Pro Tern Bradshaw explained the format for the pub- lic hearing was to receive public co111nent in regard to the street and alleys proposed for this paving district. Decisions regard- ing the district would be made by Monday, April 7, at which time the ordinance would be presented on first reading. Second read- ing will be on April 21 following another public hearing. No in- dividual notices would be sent in regard to the second public hear- ing. It was the intent of the City to eventually bring all streets up to City standards; and once a street has been in a paving dis- trict the City takes on the responsibility for maintenance of the street. The four main areas considered in making a decision on this district were: 1. The need for the improvement. 2. The kind or character of the improvement. 3. The cost of the improvement -is the cost justified? 4. The method of assessment -is the property benefited as a result of the improvement? Mayor Pro Tern Bradshaw read the list of proposed improve- ment blocks -block by block -and asked for those people to speak who were in favor of the improvements and then for those opposed. 000 East Cornell Avenue In Favor -None In Opposition - ) M. S. Holland, 2969 South Lincoln, opposed on the basis there was no need for improvement. Mr. Holland stated the installation of a storm sewer caused the damage to the street and should have been repaved correctly following the conatruction. Isabella Knight, 3021 South Lincoln, opposed on the basis there was no need for improvement. Mrs. Ellenburger, 2968 South Lincoln, opposed on the basis there was no need. 100 East Cornell Avenue In Favor -None \ • I> I , ( • c • March 31, 1980 Page 3 In Opposition - • • • Don Emis, 193 East Cornell Avenue, opposed on the basis there was no need. 200 East Cornell Avenue In Favor -None In Opposition - Richard Gallatin, 2980 South Sherman, opposed on the basis there was no need. Raymond Satter, 3001 South Grant, opposed on the basis there was no need for improvement, and the cost of improvement would be a financial hardship on many people. Mr. Satter also was against removing any trees in order to do the construction. John Segeser, 2961 South Grant, opposed on the basis there was no need for improvement. Mr. Segeser questioned how the sidewalk would be finished. Director Diede stated sidewalk construction would be whatever was appropriate for that block. 300 East Cornell Avenue In Favor -None In Opposition - R. L. Lunders, 3000 South Washington, asked if the ditch was going to be piped. Director Diede stated there was no requirement; however, the sidewalk would be so close it would necessitate pip-ing. Suzanne Stevens, 2965 South Logan, opposed on the basis it would create financial hardships for people and suggested if the street was paved, that the costs be kept to a minimum. 400 East Cornell Avenue In Favor -None • • I • - • • • March 31, 1980 Page 4 In Opposition - • • • J. J. Van Stelten, 3008 South Logan, opposed on the basis there was no need to widen Cornell. Mr. Van Stelten agreed the street needed repaving but did not need curb, gutter, and sidewalk. Donald L. R. Smith, 3165 South Sherman, who owns property at 2975 South Pennsylvania, on the basis there was no need for widening Cornell since most of the traffic was local. Mr. Smith had no objection to repaving the street. Mr. Smith stated earth moving equipment destroyed the street when Bates-Logan Park was constructed and he asked that the City pay a high portion of the assessment cost as a result. Mary Jackson, 2998 South Logan, opposed on the basis there was ' no need for widening Cornell. Ms. Jackson stated the street needed to be paved. Tim Philibosian, 2985 South Pennsylvania, opposed on the basis there was no need to widen Cornell. Mr. Philibosian asked the Council reconsider the timing to do this project due to the state of the national economy. R. L. Lunders, 3000 South Washington, oppoaed on the basis there was no need to widen Cornell and the cost could not be justified. Mr. Lunders submitted a petition containing 158 signatures of residents who oppoaed the widening of Cornell. Mr. Lunders also submitted a protest letter from himself. Lynn Philibosian, 2985 South Pennsylvania, oppoaed on the on the basis there was no need to widen Cornell. She stated she would like to see the holes fixed. Sam Porter, 2996 South Logan, opposed on the baaia there was no need to widen Cornell. Mr. Porter atated two years ago would have been a better time. 500 East Cornell Avenue In Favor -None In Opposition - Bill Sigler, 555 East Cornell Avenue, opposed on the basis there was no need for improvement until the storm sewers were installed and the heavy equipment used for construction caused the damage. Mr. Sigler stated the street did not need to wid~ned. Mr. Sigler asked that Council re~iew the policv 1 fo~ method of assessment and develop a ditterent tormu a tor assessmenc • • I • - ( • ( • March 31, 1980 Page 5 • • • Mayor Pro Tem Bradshaw declared a recess at 9:35 p.m. Council reconvened at 9 :45 p.m. Don Mowery, 3001 South Pearl, opposed on the basis there was no need to widen Cornell nor to put in sidewalks. Mr. Mowery stated the street did need repaving. Mrs. Moore, 603 East Cornell, opposed on the basis that it would create a financial hardship on her since she was on a fixed income. Mrs. Moore stated the street did not need to be widened. Laverne Donaldson, 607 East Cornell, opposed on the basis there was no to widen Cornell, resurfacing the street would be appropriate. Mr. Donaldson was opposed to on-street parking on one side of the street. Earl Pfeufer, 3000 South Pearl, opposed on the basis there was no need to widen Cornell. Donald Hotopp, 615 East Cornell Avenue, opposed on the basis there was no need to widen Cornell. 600 East Cornell Avenue In Favor -None. In Opposition - Orlie Cooper, 2950 South Washington, opposed on the basis there was no need to improve this area at all. Mr. Cooper sug- gested that speed bumps be installed if the street was paved. He was also opposed to on-street parking. Eugene Michaud, 3046 South Washington, asked Council to monitor costs as closely as possible if they decide to pave the street. 700 East Cornell Avenue In Favor -None In Opposition - Zoe Oberg , 705 East Cornell Avenue, opposed on the basis there was no need for improvement and she opposed on-street parking. Lyn Nyquist, 729 East Cornell Avenue, oppposed on the basis there was no need to improve nor widen the street. • () I • • - • • • March 31, 1980 Page 6 • • • Bob Wilson, 2970 South Washington, opposed on the basis there was no to widen the street and he opposed on-street parking. 400 West Eastman Avenue In Favor -None In Opposition - Jerry De Hoff, 3195 South Delaware, opposed on the basis there was no need to repair the street. Tim Jeffers, 3235 South Delaware, asked Council to delay the project because he had other -assessments to pay. Fred Gassert, 3210 South Elati, opposed on the basis there was no need for improvement. 300 West Eastman Avenue In Favor -None In Opposition -None 200 West Eastman Avenue In Favor -None In Opposition - Deputy Clerk Watkins entered into the record a letter from Mrs. Hively, 3215 South Bannock, stating the street was in good condition prior to the installation of the main and that the City should pay fully for the street repair • 109 West Eastman Avenue In Favor -None. In Opposition - Juanita Collins, 3200 South Bannock, stated the curb in fron of her property was broken but it was not her fault. Ms. Collins stated she did not think she should be responsi-ble for the curb repair. • ) I • - ( ( • March 31, 1980 Page 7 • • • Director Diede stated his department would check the curb to determine if it needed repair. Council Member Higday stated similar problems were ex- perienced by other citizens. Mr. Higday stated it was sometimes caused by the contractor and he cautioned staff members to oversee the project closely to make sure the contractor does neglect his construction re-sponsibilities. Michael Day, 126 West Eastman, stated he would pay for the assessment; however, he was distrubed at getting ticketed for parking on his street. Council Member Fitzpatrick advised Mr. Day to obtain a parking permit to allow on-street parking. 000 West Eastman Avenue In Favor -None In Opposition -None 000 East Eastman Avenue David Visser, 3201 South Lincoln, opposed on the basis the street was in good condition until the storm sewer was installed. Lawrence Willis, 3186 South Lincoln, opposed on the basis it would create a financial hardship for people on fixed income. Eugene Kottenstette, 3176 South Lincoln, opposed to the dis- trict as propos ed. Mr. Kottenstette suggested using the money for another area such as Clarkson and patch Eastman, !00 East Eastman Avenue In Favor -None In Opposition - Donald L. R. Smith, 3165 South Sherman, reiterated his those coDD1ents made earlier in this hearing. 200 East Eastman Avenue In Favor -None • I • • - ct • • March 31, 1980 Page 8 In Opposition - • • • Jim Thomas, 3183 South Grant, opposed on the basis the street was in good condition and he did not want to loose the trees due to construction. Mr. Thomas asked Council to consider the timing in view of the state of the economy. ~00 East Eastman Avenue In Favor -None In Opposition - Deputy Clerk Watkins entered into the record a letter in op- position from the First Christian Church, 3190 South Grant. The Trustees objected to the assessment as they would be affected by the property running from South Grant Street to South Logan Street on Eastman and the majority of South Grant from East Dartmouth to East Eastman. Donald L. R. Smith, 3165 South Sherman, •poke in opposi- tion on behalf of the church. Tom Townsend, 3201 South Logan, on the basis there was no need to widen the street. 3000 South Grant Street In Favor -None In Opposition - Deputy Clerk Watkins entered into the record a petition re- ceived in the City Clerk's office. The petition contained 69 signatures of residents objecting to the project in the 3000, 3100 and 3200 blocks of South Grant Street. Raymond Satter, 3001 South Grant, reiterated his co11111ents made earlier in this hearing. Sarah Morton, 3000 South Grant, opposed on the basis she thought the street was in good condition and she could not afford to pay the assessment • Pam Moore, 3096 South Grant, opposed on the basis there was no need for repair and it would create a financial hardship. • () • I • - ( • • ( • March 31, 1980 .t'age ~ • • • Al Kenner, 303£ ~outh Grant, opposed on the basis there was no •leed tor improvement and it would create a financial narasnLp tor people on tLxea Lncome. Marjorie Bell, 3040 South Grant, opposed on the basis there was no need for improvement. Richard Gallatin, 3048 South Grant, opposed on the basis there was no need for improvement. 3100 South Grant Street In Favor -None In Opposition - Don Chiras, 3127 South Grant, opposed on the basis there was no need for repair. Mr. Chiras stated he was not on a fixed income, but still had problems making ends meet. David Strohman, 3106 South Grant, opposed on the basis there was no need for repair but an overlay probably would work. Pauline Skidmore, 3111 South Grant, opposed on the basis there was no need for repair. 3200 South Grant Street In Favor -None In Opposition - Ralph White, 3150 South Grant, opposed on the basis there was no need. Pat Sullivan, 3211 South Grant, opposed the project in general. Walt Sanders, 3283 South Grant, asked if he could reset his present sidewalk and conform to the standards. Director Diede stated he has that option but needed a permit. Mr. Diede stated the Engineering Services De- partment would have to inspect it when completed. John Woolley, 3284 South Grant, opposed on the basis there was no need for improvement and it would create a financial hardship for him, Alley East of Corona Street In Favor -None • I • - 0 • • March 31, 1980 Page 10 In Opposition - • • • Myron Bott, 3101 South Downing, opposed on the basis he was on a fixed income and it would be difficult for him to pay the assessment. Mr. Bot submitted a petition con- taining 8 signatures of residents opposed to improving this alley. Laurence Guilford, 3150 South Corona, stated he was not op- posed to paving the alley, but queried whether it was a good time to do it due to the state of the economy. Mr. Guilford suggested installing speed bumps if the alley gets paved. Dominic Dreiling, 1125 East Eastman, stated he would like to see it paved but the cost was too high. Ray Barlow, 3120 South Corona, stated he would like to see it paved but the cost was too high. David Felgar, 3191 South Downing, stated he would like to see it paved but the cost was too high. Mrs. Pike, 3172 South Corona, stated she would like to see it paved but the cost was too high. Mrs. Pike stated she thought the alley belonged to the pro- perty owners anyway. Bruce Armstrong, 3215 South Grant, opposed on the basis there was no need for improvement. Bob Pritchard, 3100 South Downing, opposed on the basis the assessment was too high. Mr. Pritchard su&aeated laying gravel instead. Council Member Neal read into the record the following people who had contacted him e i ther in favor or opposition to the paving of this a l ley: In Favor - In Opposition - (Council Member Neal stated these people were actually in favor of paving the alley but were in opposition to the high assessment) Robert Hester, 1199 East Eastman Wilfred Howard, 3130 South Corona Kathy Reynolds, 3142 South Corona • I • - ( • • c • March 31, 1980 Page 11 • • • Mrs. Kuhn, 3140 South Corona Linda Olson, 3160 South Corona George Gleason, 3168 South Corona Alley East of Galapago Street In Favor -None In Opposition -None No further statements were received. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEAR- IRG. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abaent: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tem declared the motion carried and ad-journed the .. eting at 11:30 p.m • • I • • .,~..;In - • • I \ ( ( • • • • '1 D RESOLUTION NO. __!_.!!__, SERIES OF 1980 A RESOI.UTIOM PROVIDING FOR THE NOTICE OF SALE OF GEN ERAL OBLIGATIOM WATER BONDS, SERIES OF JUNE 1 , 1980 , IN THE PRINCIPAL AMOUNT OF $1, 300, 000 . WHEREAS, the City Council of the City of Englewood , Colorado, has determined that it is necessary to extend and improve the llalllicipal water system of the City, and to issue it• general obligation bonds for such purpose; and WHEREAS, pursuant to the Charter of the City, an election on the queation of issuing general obligation water bond• i.a not required; and WHEREAS, in accordance with the provisions of the City Charter, it is necessary to advertise for the sale of said bonda; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOIADO . 1. That notice of aale of General Obligation Water Bonds of the City in the principal amount of $1,300,000 shall be given by publication in one issue of the Englewood Sentinel , a newspaper published and of general circulation in t he City, in the edition dated April 9, 1980; 2 . That project costs incurred and contracted for water illprov...uta have exceeded the original costs anticipated by issuance of $6,700,000 of 1978 General Obligation Water Bonds , and that the aaid appropriation for water improvements for 1979 is hereby increaaed . 3 . The form of the notice of sale to be published •hall be aubatantially as follows : • • I • • - • • • • • .. • NOTICE OP SALE OP GEHERAL OBLIGATION WATER BONDS, SERIES 1980 IN THE AMOUNT OP $1,300,000 of the CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO BID OPENING: MONDAY, APRIL 21, 1980, 2:00 P.H., M.S.T. Tbe City Council of the City of Englewood, Colorado, will receive .. aled bids at the office of the Director of Finance, City of K09levood, Municipal Building, 3400 South Elati Street, Englewood, Cc:»lorado, 80110, until 2: 00 P.M., M.S.T., on Monday, April 21, 1910, for the purchase of General Obligation Water Bonda, Seri•• 1tl0, of the City, dated June 1, 1980, in the principal .-ount of $1,300,000. Copi•• of the Official Statement and bid forms may be obtained fro• Mr. Gary R. Higbee, Director of Finance, or from Ban if en, Iaboff ' s-ford, Inc·., 624 17th Street, Denver, Colorado 802021 the financial consultant to the City. Dated at Englewood, Colorado, as of the 7th day of D April, 1980. ( S B A L ) AT'l'SllT: I•/ Gary a. Bigbee Director of Plnance City of Englewood, Colorado Publiab ins Englewood Sentinel Publiab on: April t, 1980 /s/ Eugene L. Otis Mayor City of Englewood, Colorado -3 - • ( I • • - . ( • • ( • • • • 3. The form of the official notice of sale shall be substantially as follows: -4 - • I . • - • • • • • • NOTICE OF SALE OF GENERAL OBLIGATION WATER BONDS, SERIES 1980 IN THE AMOUNT OF $1,300,00 0 of the CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO BID OPENING: MONDAY, APRIL 21, 1980, 2:00 P.M., M.S.T. The City Council of the City of Englewood, Colorado, will receive sealed bids at the office of the Director of Finance, City of Englewood, Municipal Building, 3400 South Elati Street, Englewood, Colorado, 80110, until 2:00 P.M., M.S.T., on Monday, April 21, 1980, for th~ purchase of General Obligation Water Bonds, Series 1980, of the City, dated June 1, 1980, in the principal amount of $1,300,000. The bonds shall be in the denomination of $5,000 each, numbered 1 to 260, inclusive, shall bear interest not to exceed 9% per annum, payable on December 1 , 1980, and semiannually there- after June 1 and on December 1 each year and shall mature serially on December 1, as follows: Amount $ 10,000 250,COO 260,000 Maturity 1981 to 1984, incl. 1985 to 1988, incl. 1989 Bonds of this issue maturing on or before December 1, 1985, shall not be redeemable prior to their respective maturity dates. Those bonds maturing on or after December 1, 1986, shall be redeemable at the option of the City, in inverse numerical order, on December 1, 1985, and on any interest payment date thereafter, upon payment of par, accrued interest and a premium of 1-1/2t of the principal amount so redeemed. Principal and interest will be payable at The First National Bank of Englewood, in Englewood, Colorado. The bonds will be issued for the purpose of paying the costs and expenses of extending and improving the municipal water system of the City. The bonds, in the opinion of bond counsel, are legal and binding obligations of the City of Engle- wood, payable from general ad valorem taxes on all taxable prop- erty in the City without limitation as to rate or amount, and from the net revenues of the water system of the City. A cashiers check or certified check drawn on a bank or trust company, payable to the City of Englewood, Colorado, in the amount of $125,000 must accompany each bid. The check of the successful bidder will be retained by the City as liquidated damages in the event the bonds are not taken-up and paid for in accordance with the bid. Checks of unsuccessful bidders will be returned immediately. -5 - • I • - • • ( • • • • ~ CUSIP numbers will be provided for rs ]Ra~ arn:!I expense of the -euccessftt1 biddet. be responsible for errors in such numbers. these bonds at the The City will not No bid for less than par and accrued interest to the date of delivery will be accepted. The maximum interest rate and maximum net efective interest rate shall not exceed 9\ per annum. Supplemental or •e" interest rates are not allowed. The maximum allowable spread between the highest and lowest interest rates is 2\. Interest rates should be stated in multiples of twentieths or eighths of 1'. The bonds will be awarded to the bidder naming the lowest net interest cost to the City, based on the full par amount of $1,300,000 as advertised. The net interest cost is defined to be the total amount of interest to accrue from the date of issue to the date of maturity, without regard to prior redemption provisions, less the total amount of cash premium bid, if any. The premium must be paid in cash as part of the purchase price. The City of Englewood reserves the privilege of waiving any defect or irregularity in any bid, and the right to reject any and all bids for the purchase of said bonds. The award of the bonds will be made by· the City Council at the regular meeting on April 21, 1980, at 7:30 P.M., or at an adjournment of the regular Council meeting of that date. Delivery of the Bonds will be made at any bank or trust company in either Englewood or Denver, Colorado, or elsewhere at the request and expense of the purchaser. It is anticipated that delivery of the bonds will be on or about June 9, 1980. The City will furnish the executed bonds, a certified transcript of legal proceedi"9S and the approving legal opinion. The legality of the bonds will be approved by Messrs. Lamm Edstrom & Stowe, P.C., Attorneys at Law, Denver, Colorado, whose legal opinion will be printed on each bond. Bond counsel's approvi"9 opinion will recite, in conventional form, that bond counsel has examined the Constitution and Laws of the State of Colorado and the Charter of the City, a certified copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds, and bond numbered one of said issue, and that the Bond has been properly executed and is in due legal form. The opinion will state that the bonds are valid and legally binding upon the City and that the obligations incurred by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the State. The last paragraph of the opinion will express an unqualified opinion as to the exemption of interest on the bonds from federal taxa- tion. -6 - • - 0 I • • - • • • • • • The matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the information con- tained in the Official Statement, Prospectus, Offering Circular or other similar documents, if any, and therefore assumes no re- sponsibility for the accuracy, completeness or fairness of any statements aade in connection with any purchase or sale of any of the bonds. Additional information concerning this issue and the City aay be obtained frOll Mr. Gary R. Bigbee, Director of Finance, Municipal Building, 3400 So. Elati Street, Englewood, Colorado · 80110, or from Banifen, Imhoff and Samford, Inc., 624 17th Street, Denver, Colorado 80202, the financial consultant to the City. DATED at Englewood, Colorado, as of the 7th day of April , 1980. (SEAL) ATTEST: D rector of Finance, City of Er19lewood, Colorado Publish in: Englewood Sentinel Publish on: April 9, 1980 -7 - /s/ Eugene L. Otis Mayor City of Englewood, Colorado • I I • - ( • • ( • • • .. • 3. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the Official Statement and notice of sale to those investment banking firas, banks and others who aight be interested in bidding on bonds of the City. 4. '!bat if any one or 110re sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judg•ent shall not affect, iapair or invalidate the reaaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 7th day of April, 1980. ( S E A L ) Mayor ATTEST: Director of Finance -8 - • I • - . . • c ( • • ( • • • • /lanjfen,lmhqff & Saniford, Inc. 624 Sevenleenth Street Denver, Colorado 80202 (303) 534-022 1 ... _., ........ _l"4t\.tl ..... woe- """' ... -· ... -f •~ lftC: IA..~•) ..,_. .... ~-l •ch ... •w llC /\l l c rn :u e LI Year 1980 J 981 198Z 1983 !')84 J 9 85 J 9 86 1987 1988 19 89 19 90 1991 1992 J 993 19 94 1995 1996 J 997 Cl l'Y OF ENG L EWOOD, CUL L>H.Al>O GE NERAL OBLIGATION WATER BON DS . '<11~gc s t ed Debt Uc-p a ym e nt Schc <lu ~c Pre&ent Debt il 1 3001 000 Bond Is&ue S e rv i ce pr i n c i eal Interest '' $1,079,60 0 $ $ 55,Z50 1, 078, 3 00 1 o, 000 110,500 1, 069. 900 10, 000 109,650 I , 069, 7 00 l 0, 000 l OR, 800 86Z,1 UO 1 o. 000 l 07, 950 529,4 00 250, 000 l 01. l 00 5Z9, 7 00 Z50,000 85,850 5Z9,l 00 Z50,000 64,600 537 ,6 00 Z50,000 43,350 534,6 00 z6o.ooo zz.100 5 45, 7 00 545,0 00 55 3 , 1 00 5 54,4 00 5 54,20 0 567,500 568, 4 00 397 ,500 ,;, Esli anatcd @ U~%. WFI:jb 3-1 3-80 Denver • Glenwood Springs • Greeley • Fort Collins, Coloredo ·., t • T o tal $1, 134, 850 1, 198. 800 l, 189, 550 I• I 8 8, 500 9 80, 050 886,500 865,550 843, 700 830, 950 816,700 54 5. 700 545, 000 553, 100 554,400 554, zoo 567,500 5 68. 400 397 ,500 D I . • - • • CASH FLOW FOR REVENUE REQUIREMENTS -HIGH GROWTH CASE ( $ x l .ooo 1980 1981 1982 1983 1984 Revenue: Water Sales 2.279 2.286 2.293 2.300 2.306 I ncrease Other Income 260 260 260 260 260 Total 2.539 2.546 2.553 2.560 2.566 Operation and Mainte nance Expense (l .086) (l.194) (l .314) (l .445) (l.590) Net Operating Revenue 1.453 1,352 1.239 l, 115 976 Existing Debt Service (l .080) (l.078) (l.070) (l .070) (862) Future General Obligation Bond (l) I ss ue (65) ( 121) (120) (119) (118) ( Total Debt Service (l,145) ( 1 • 199) (1,190) ( 1 • 189) (980) Routine Replacements (50) (50) (50) (50) (50) Revenue Available For Major Capital Im provements 258 103 ( l) (124) (54) Interest From Inv estments @ BS 149 26 15 12 18 Bal ance From Pr e vious Year 3.295 424 237 141 169 • New Bond Funds 1.300 Major Cap i ta l Imp roveme nts (4,608) (506) (250) Contri but i ons at the Time of Connection 30 190 140 140 140 • Ba 1 ance for I • Subsequent Year 424 237 141 169 273 ( (l) $55,000 Interest $10,000 Bonding fee s • • • - • • .• r . C/\'..11 n .ow 1 rn: Hr vrN11t: 1m1111 HI.HI N f '.; .. I llW (;1:0~11 II rn·;1 ~ x I ,()()(I ( 1980 1981 1982 1983 1984 Reven ue: Wate r Sales 2 ,279 2,286 2,293 2,300 2,306 Inc rease Other Income 260 260 260 260 260 l olal 2 ,539 2,546 2,553 2,560 2,!>66 Op eration and Mai ntenance Exµe nse (1 ,086) (l, 194) (l ,314) (I ,445) (1,590) Net Operating Re venue 1,453 1 ,352 1,239 1, 115 976 Existi ng Debt Service (1 ,080) (1,078) (1,070) (1,070) (862) Fut ure General Obligation Bond ( 1 ) Issue (65) ( 121) (120) (119) (118) Total Debt Service ( 1 • 145) ( l • 199) ( 1 • 190) (1, 189) (980) l!uul lne Repl acements (50) (50) (50) (50) (50) Reve nue Available For Major Capital l111provements 258 103 ( 1) ( 124) ( 54) l n Le rest Fro111 Inve stments @ 81: 149 20 7 5 Balance From Previo us Year 3,295 424 71 107 ew Bond Fund s 1 ,300 • 'ia j or Capital Improv ements (4,608) (506) Contributions at Lh~ T 1111e of Connecti on 30 30 30 30 30 • I Balance for Sub sequent Year 424 71 107 18 • ( (l) $55 ,000 Interest $10 ,000 Bonding Fees • • - ,._,_.._.___.,_,.,_ Critical report given to Cherrelyn Manor:· Home By T•y Seese-Blem . Septe mber usually meall5 1Ut 111111J of the ,·oung e mployees o( Cbenel.YD "'- :\"ursang Home in Littlelm will qwt ..i ret urn to school , leaving llil lloles in tbe staff roster. Thts year the ..-! eaodul was blamed for a lone lis1 of 111111111 and sarety V1o la t 1oos that are threa i-. tbe facility's s !Altus wil.b stA te a nd fedllral '-ldl care .. gencies Experts f rom the Colarado Depanmmt of Health s pent t wo days matinc an -• inspec t ion of the ZQ-bed facili t y in September . A 32-pap report of their fi nd ings issued in October listed 11 ~ deficim- cies and said the nunille home failed to lllMD- ply wi th more than 311 state and federal lltAln- dards. But another team of health department e xperts visitel tbe fadlity in Noftalbel" ..i fouad that "a majority ol tbe defkimcies had been corrected." Hta-e. Ille 9lll'Sial home , 5565 S . Elati St.. will be certified for another su1 months -instead ol die mual year -and can conU8w to receive Medicaid and Medicare fundin« for certaill patimll. CITYCOUllT -- 'lbe fardity will be inspected apill ill three ~ to see if a yur-long cenification can -~ "TllE\" WERE in bad shape wben we wa& in duri ng Seplember .' · said Bill Krause. a eiiRsman for the Medical care Ucensing Md Certification Di vision . The borne was li'l'ell -~ da ys to correct the most blatant ViolatiOllS . "We had nurses going in there on a week- ly blsis , .. Kra use said . 11lf report said the facility bad a shor- ~ of nu rses and nursing aides. that some plltialU weren "t given acress to fresh drink- 1111 waler . and that the facility was dirty. · '111t repon also said the personal needs of tbe pztients weren 'tbeinc met. that "most -~ a shave. many preRftled an un - deu appearance . and a majority needed ....all and nail care." Catheter bap were found en the floor . the report said. Stlrilized containen were fomd with seals cipen and the inspedQn fomd evideDce ol clrucs being dispensed and stared witllla ..,.er identification and reconH!eepills, lbe '"report Mid. !"""of ...... , .. "Norn>allv ..e make up 2 ,. ... !_.. ciel and give· lhe facility 30 dilys to come intooompliance,"" Kraw;o, said . ··u lhe viol.t- lioas are le\lere, we demalld immediate ctianaes ." IF A NURSING ROME ~·t .met sWldards after the erade pe ri od , tbe bealtb inspectors can ttcommend that feclel'lll cer- tification be withdrawn Ind that the state license be revoked. Cherrelyn's director . Juanita Gultaf-. said the eir:odus of students this laU created "a terrible shortage of uff." Ran Pattencm. a ...--flll' die OWDel'S of die fM:llity. aid die lltaff • Qierrelya clldal&ed all or parts of II of die deflcielldel ~ die CJriliul lilt. ... tW . _, of die del'+'"-rie& -rmllJ --isled. "'nle ID peaple doial tbe IUIWJ _,. ..... do Uie",Jlb• ...... ..., ....... ................ ..._ ....... ...., .. "-* far ........ llllped"m • ...., ,.... ..., -.,.,. I y-lel lltiD ai1t811 , ,,... was dDe either to a llllnde or l1llstMes in die fint report ." But the health departmem repo rt cnticizes more than just taffmg de ficien- cies.. It also said the board that run s lhe nursmg home appears to be un co ncerned about the ··da y to da y operation of lhe facility or the quality an d quanut y of care being given ."' · THE REPORT CALLED Cherrelyn an "eir:treffl('ly dirty facil ity:· and sa id staff members aren 't adequately trained to observe the rights of patients, that the con - sultant ~rmacist probably doesn 't spend ma.tP ume m the facilit y, and that ··six llbifts 11:-d an insufficient numbe r of charge nurses .' Krause agreed lba t the fall exodus of stu- dents cou1c1 have contri buted to some of Cben'elyn 's problems. But he also said that lbe facility ii inspected about the same time evell'.. year, and ~t Che rrelyn ha s always dme pretty IJIOd on pa st ins pections "I can't ever recall one as bad in the past at Cberrelyn." KrallS(' sai d. • ,... l t") I'") _,/ ...... _...,.__ .... _, .. ,"' i Crlflcel report given to Cherrelyn Manor .... Home . ·: .~ .. ' . t • •' By T•y Seese-BIHi September usually means tllat many o f Ille young empl oyees of Cherrelyn Ma no r Nunln& Home In Littleton will quit and retum to school . leaving big holea ID tlle staff roster. This year the annual exodus wa s blamed ror a lonl list or health and salety vmlallonl lllM are threatll!QI ttw facdily 's s t1 t u:. wldi state and federil healt h cJ re ..-ic-. Experts from the Colorado Department ol H!"alth s pent two days making an aMual 1n 1pec lion of the 269 -bed facility in September. A 32 -page report of their findinp issued In October listed 115 delicien· c1es and said the nursing home failed to com · ply with more tllan 30 s tate and federal stan· dards. But another tum of health department uperta Yillted the facility In November and fGllDd that "• majority of the deficiencies llld .._. c:orncted ." Hence , the nursing llome . 51515 S. ElaU St., will be certified for another sill months -inatead of the usual yemr -and can continue to receive Medicaid lllld Medicap flllldinl! for certain p1t1enta . ·llhe laclity will be inspected 11ain In three mon t hs to Jiff if a year·lonl! certification can be gra nted . "THEY WERE in bad shape when we went in durtn1September." said Bill Krause . a spokesman for the Medical care Licensing and Certlflc1tlon Division. The home was 11 v~n :IO dlys to correct the most blatant violations . "We had nurses going In there on a week · ly basis, .. Krause said. The report said the facility had a shor· tage of nurtes and nursing aides. that some patients weren 't given acce11 to fresh drink· ihl! ••!fl', and that the racility was dirty. · Thf report a lso said the pel'IOllal needs ' or the paUenls weren 't beilll met. that "moll men needed a llhave . many presented an un · clean •ppur.nce, and 1 majorlly needed moutb llld nail ca re ." Catheter bags were found;llle noor. the report said. S llzed containers were found with seals n and the inspecton found evidence or drup bein1 dispensed and stored without propet!ldentlllcalion and record-keeping . the CITY COURT . ~:---~ . ----• - ·. mJMll' ID was due either to a m!rllll • •report said. 1 "Normally we make up a 1t•or tfefir;,.~. cles and give the facility 30 dlfys to come into complianc~." KrM...., said . "If the vio la· tions are severe. we demud immediate changes ." · IF A NU"51NQ HOMI doesn 't meet standards after the IP'•de Pffiod , the health inspectors can recommend lllat federal cer- tifica tlon be Withdrawn .... that the state license be re voted . Cherrelyn 's director . Juanita Gustafson . said the exodus or studenls this fall created "a terrible shortage or staff ." Ron Pattel'IOtl, 1 lpOkaman for the owners of tM facility, Alcl the staff at Cherrelyn challenpc1 all or parta of tll of the deficiencies Oii die orlllnll Ult , and 11111 many of the lleflclenc:ia 1llYl!I' really ea· i1tecl . "The ID people doinc tbe survey maybe didn 't do the :Job .. llDod u tbey JlbouJd baYI!," Pattenoa Alcl . "Wllan tbey came back for the leCGlld inlpedjcm, they found only seven ficieocla lltlll ulsted. That the first report ." al report But the hea Ith df91rlllll deficlen · criticizes more than j~ 1'1111 die cies. It a lso sa id the -· ~ nursing home appearl to Ill tiOll of the about the ··day to dlJ ~..tit of ~re facility or the quality lad --1 beingglve n." · • "" Ill THE REPORT c~ l1Je.:. staff "extremely dirty lacllitJ. ~trained to m e mbers a re n ·t acllqlllle Y t die con· observe the rights of p1iJeldl• Illa 't spend sullant pharmacist pioll!llll)' :'° 111a1 "111 enOIJllh time in the redUIJ . lier of dllrte shifts had an lnsufflcitllt 1111111 nurses .·· U odUI of stu· Krause agreed 11181 die fl es tome of dents could have l'Olllributed to uld Illa! Cherrelyn 's proble1111 . Sul be allO me time the facility is inspected abou1 1 the.:. always every year. and that Cllerre ?!.i lonS done "pretty good" onpUtllllr-·.· n the st "I can't ever recad •••bid 1 pa at Cherrelyn." Krause uld. -4--111dt• i,.. ·in~.-"'->_·• 0 I - • • • • • 0"7(( December 7, 79. The Ido The conclusion I mus t come to in m;y over-e.11 analyses of the objects I obserTed is this- RelatiTe to that which I observed, lllllDkind is only beginning its evolutionairy climb f"rom the nrimordial clay f"rom which we evolved. Basic logic would d~ you listen to -· Let us al!llume (For the m011ent.) that the objects I observed,(When I 1lll8 doing s.o.s. signals with the tlash light.) W91"e either an illusion or halucination on m;y part. I must then ask one question. Does that make the entire matter &IJ,Y leu valid! I am disouHing the Soul• in lite as well as atter death. ~ Soul after death is a matter that must depend on Gode My Soul in t his life must depend on that total God out f"rom me as well as that which el!lllinates f"rom within me. The World may be an illusion but the mind is a reality. At the points in space and time that I obse?"Ted the objects I was or~ tor their Soals as well as / - ours. I can only conclude in m;y day to day obserTations that we should all try a 11 ttle harder. I see m;y tellow Humans destroying themselTes for no valid reason. The idea I brought before City Councel pertaining to the waste plant was valid. The reason it 'ft.S not implimented 'ft.s due to monopolistic tendencies, greed and laws that were valid two hundred years a go but have become invalid in our present time. Analogous situations may be applied in areas or Schooling. i~edicine, Prisons, and Old Age Romes. Let us, as a Nation. find a balenoe between aggression and compassion. Through understanding we lll8Y someday achieve l!Ten wisdom. It beoomes obTious to me that r distorted intomation areates distorted conclusions • • • I • • - - . . • • • • • • r a ge two. I saw. n en in !946 while in t h e Niny. that -as a Nation 111>uld n-entually haTe trouble in the Mi d-East and in Cuba. I knew trTen as a s-.nteen :rear old y outh that it is impo s sible t o PllJ"ohase l o;ral'\:7. '!Ty to understand that one 1'tlrd may alter one's entire p b;ydoal reality. This entire paper eTOlTes fr om the paat. it is my desire to deal with t he 1'uture for the be?rl.fit of us all. We oan run but I see no wa.y-to hide. Jesus said•"• ~e "A Prophet is not without honour. but in his own Country. and among hie own kin. aDd in his own house." Let the Children first be filled1 for it is not Justioe to talce the ohildren's bread. and to out it unto the dogs. l!uob of tradition is 1'911 and good. yet some still holds Us in ohaina. I offer you a gift that you~ prott~ in what-eTer wa.y-you may. ban salt in :yourselns. and baTe peaoe one with another. It y ou oannot see my lenl of awareneaa then God help us all. Thought oreates aotion. tomarrow is created from todll1'• It I feel that my Lawyer is not representing -properly.or to the 1'ull eztent; possible. I wish to maintain t he right to represent my self • • • I • - ' • • ( • • • • MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS FEBRUARY 20 , 1980 Present: WUUam J. Thornton, Chairman Vesta H. Mlller, Vice Chairman Al Bachman Sharon Carr Robert F. Clement Roland Cole Harold V. Cook Doris Durdy Thomas Eggert Jack Fenlon Fred Fisher George Garson Ted Hackworth Sam Harper Ed Harshbarger, Jr. Beth Jenkins Linda Jourgensen Betty Keena Ken Lewis Kathy J. Lindhorst Norbert Meter Susan Pedrick Rodney Sheffer Ernest Shelton Norman A. Smith Frr.:1 d Tapia Fra nk Traylor, M.D. W1ll1am Walker C arl Wi nkler Also Present: Town of Bow Mar City of Arvada City of Golden City of Lakewood Jefferson County Commerce City Denver, Ctty & County City of Brighton Arapahoe County City of Aurora Greenwood Village City of Glendale Denver, City & County City of Littleton Adams County Cherry Hllls Vtllage Ctty of Boulder City of Englewood City of Wheat Ridge City of Thornton Ctty of Loutsvtlle Town of Erle City of Westminster City of Federal Heights City of Broomfield City of Northglenn Colorado Dept. of Health City of Longmont Douglas County 5 A Bo b Bra nch, Alternate, City of Golden; Arvin H. Michel, Alternate, City of Lakewood ; Norman Tanner, Alternate, Town of Bow Mar; Hank Epstein, Douglas C o unty Planni ng Department; Joe Byrnes, Boulder Board of Realtors; Michele • 0 I • - • COUNCIL MINUTES FEBRUARY 20, 19 80 Page two • • • Mahoney, Mission Vie j o C ompa ny; C. Diane Matt , RTD; Sandi Kohns, RTD; Charles Coward, Public Em ployers Groups , Inc; Robert D. Farley, Ex e cutive Director, DRCOG; Thomas Q. Benson, DRCOG Attor ney; David Pamp u, Al Foster , C arol Langley, W. Johnston, Charles Shannon, Ellt s Rall, Betty McCarty, DRCOG Staff, Minutes of January 16, 198 0 Council on motion by Mr. Cl ement, supported by Mrs. Carr, unanimously adopted the minutes of the January 16, 1980 meeting as presented. Summary of the Executive Committee Meeting of January 30, 1980 Chairman Clement referred Councll Members to the summary of the meeting Included with the agenda and highlighted several items of particular significance. Report of Committees Program Committee Mrs. Miller, Program Committee Chairwoman, reported that the committee discussed the proposed testimony that DRCOG would give on Thursday, February 21st, before the SJR 12-RTD Committee of the Colorado General Assembly. The testimony 10 be glven before the Transportation Committee ls relative to the proposed llght-rall system and alternatives thereto, Council on motion by Mrs. Miller, supported by Mrs. Durdy, unanimously approved the testimony to be glven before the Transportation Committee of the General Assembly on February 21, 1980. The Program Committee also recommended favorable action by Councll o n a resolution concerning legislative proposals for a directly-elected Region:Sl Transportation District Board of Directors. The resolution states t hat the local elected officials of DRCOG request the General Assembly to take the time needed to adequately consider other alternatives, including: appointment of local elected officials; a combination of local elected officials and citizens; continue the present arra ngement; joint appointme nt by state/regional/loca l authorities or some combination thereof; or numerous other alternatives. The resolution recommended that the matter of the RTD Board of Directors composition be considered by a Legislative Interim Committee during 1980 • • I • - , 0 • c • COUNCIL MINUTES FEBRUARY 20, 1980 Page three • • • Council on motion by Mrs. Mlller, supported by Mr. Winkler, unanimously adopted Resolution No. 5, 1980, A Resolution Re ardtn Le tslative Pro osals for a Direct! -Elected Re tonal Transportation District Board of Dlrectors. (A signed copy of Resolution No. 5, 198 O Is attached to and made a part of the file copy of these minutes.) Election of Council Officers for 198 O Chairman Thornton referred Council to the Report of the Nominating Committee and asked Mrs. Durdy, Chalnnan, of the Nominating Committee, to report the committee's recommendations. Mrs. Durdy stated that the committee recommended the following nominees for 1980 DRCOG Officers: Chairwoman, Mrs. Vesta H. Miller, Mayor, City of Arvada Vice Chairman, Mr. Fred Fisher, Mayor Pro Tern, Greenwood Vlllage Secretary-Treasurer, Mr. Carl Winkler, Douglas County Commissioner Nominations were requested from the floor for each of the three offices and there being none submitted, the following actions were taken: Council on motion by Mrs. Durdy, supported by Mrs. Carr, unanimously elected Vesta H. Miller, Mayor of Arvada, as Chairwoman; Fred Fisher, Mayor Pro Tem, Greenwood Village, as Vice Chairman; and Carl Winkler, Douglas County Commissioner, as Secretary-Treasurer of the Council for 1980. The new officers were congratulated and Chairwoman Miller assumed the cha ir for the remainder of the meeting. Federal Population Polley Mr . Mugler, DRCOG Staff, reported that on December 5th, OMB and the Department of Commerce Issued draft regulations through the Federal Register, which If approved, would cons titute natlona 1 policy on the use of population projections. DRCOG staff has been working with the National Association of Regional Councils since last year to make local concerns known before these proposals were published. Now that they are publlshed, It Is time for DRCOG to make a formal comment. DRCOG's primary concern ls the intrusion of federal • 0 t I - • • COUNCIL MINUTES FEBRUARY 20, 1980 Page four • • • administrators into local growth policies. While federal funding does not control growth, lt can certainly influence growth. Yet, throughout this entire process, there is little role for elected policy members. Congress should be involved in determining where federal funding ts distributed among the states. The proposed population projection process, lf pursued, should involve Congress in a review and approval function. The guidelines used by the funding agencies are so ambiguous that it ls impossible to predict how these numbers will be used. Some agencies might require projects to be sized based only on the projection; others might limit federal funding to that portion of the project's capacity based on the national projections consistent with the funding projections. The Water Resources Advisory Committee, the Regional Planning Advisory Committee, and the Program Committee have unanimously recommerded favorable action by Council on the proposed resolution for adoption. Council on motion by Mrs. Durdy, supported by Mrs. Carr, unanimously adopted Resolution No. 6, 1980, A Resolution Expressing Concern with Proposed National Policy on Population Prolectlons. (A signed copy of Resolution No. 6, 1980 ls attached to and made a part of the file copy of these minutes.) Adoption of the Proposed Project Review Polley Mr. Farley noted that an explanation was given to Council at the January meeting 0 .1 the proposed Project Review Polley. When the Program Committee concluded its discussion of "Strengthening DRCOG" one of the proposals, as one element of tt:e overall strategy, ls a new comprehensive DRCOG project review policy. A draft of the proposed policy was prepared by staff and ls presented to Council at n ls meeting for final action. Mayor J enklns, supported by Mr. Eggert, moved to amend the proposed Project Review Polley on Page 11, 4. a. 1. to delete the words, "DRCOG Staff" and insert, "The Project Review Committee of the Council" shall be responsible for making the DRCOG comment on all proposals. The motion failed 2 6 no votes to l yes vote. Mr. Meler, supported by Mayor Jenkins, moved to table action on the proposed Polley for one-month to the next regular Council meeting ln order to allow additional time for the local jurisdictions to review the Polley ln detail. The motion carried with several no votes c .,st • • D I • - ( 0 • • C OUNCIL MINU TE S FEBRUARY 20 , 198 0 Page five • • • Adoption of the Clean Water Plan Amendments Mr. Pampu explained that these amendments to the Clean Water Plan are revisions in the Plan relative to management agency designations in Jefferson and Boulder Counties. Management agencies are eligible to seek federal funds for wastewater treatment projects. In Jefferson County, two designations were requested. One designates Lakewood and the other names the Jefferson County Mountain Water Quality Association. The association ls composed of Jefferson County. Morr ls on and six single-purpose districts operating in the mountains. In Boulder County, the county ls the management agency for unincorporated areas. Designations for incorporated areas went to Boulder, Longmont, Lafayette, Louisville, Lyons, Nederland, Erie and Broomfield. The St. Vrain-Left Hand Water Conservancy District is a management agency for agricultural pollution control activities. A resolution was distributed for consideration by Council amending the Clean Water Plan "Management Agency" recommendations as specified in the list attached to the resolution. The resolution also would authorize the DRCOG to t ransmit copies of this amendment to the Governor of Colorado for his approval rnd designation of these agencies as Section 208 Water Quality Management ~gencies within the Denver Region. The Program Committee on January 30th unanimously recommended favorable a ction by C ouncil on the Resolution. Additionally, adoption of this amendment requires an affirmative majority of the Participating Membership and that ma j ority being present, a vote was taken. Council on motion by Mr. Fisher, supported by Mrs. Carr, unanimously adopted Resolution No. 7, 1980, A Resolution Amendi ng the Clean Water Plan. (A signed copy of Resolution No. 7, 19 80 ls a tta ched t o and made a part of the file copy of t hese mi nute s.) Ado ption of the 198 1 Crim i n a l Justice Entitlement De s igna tion Mr . Shanno n exp lai ned that a doption of t he r e solution w o u ld authorize notifying state and federa l a g encies o f DRC OG' s intent to seek entitlement designation to continue to o p erate the crimina l justice program . Under new federal leg i slation, the des i gnation woul d permit the age ncy to seek federal funds on behalf of its mem b ers , e xc luding Denver whic h ls a separa te entitlement agency. Five other Juri sdiction s q ua lify for entitlement de s ignation 1. e. Denver, • I • • - • • COUNCIL MINUTES FEBRUARY 20, 198 0 Pag e slx • • • Arapahoe, Jefferson, Lakewood, and Aurora and three of these already have requested that DRCOG seek the entitlement designation on their behalf. DRCOG has maintained a criminal Justice program which is now in lts eighth year of operation. Under the new Act, it ls important for member governments to reaffirm support for local control over allocations to this region through regional cooperation. Council on motion by Mrs. Carr, supported by Mayor Garson, unanimously adopted Resolution No. 8, 1980, A Resolution Designating the Denver Regional Council of Governments as the Crimina 1 Justice Entitlement Agency (Excluding Denver) for Region III. (A signed copy of Resolution No. 8, 1980 ls attached to and made a part of the file copy of these minutes.) Report on Plan Amendments Received Staff explained that a request was submitted by Arapahoe County on behalf of the Southwest Metropolitan Water and Sanitation District to add a new wastewater treatment plant to the Clean Water Plan. Council discussed the proposed request and stated that the District should work with the management agency on treatment facllitles for the area concerned and that the issue of an additional plant was still a local issue at this time. Councll felt the request was inappropriate since Littleton ls the management agency in the area concerned. Council on motion by Mrs. Carr, supported by Mrs. Durdy, unanimously agreed not to entertain this proposed amendment at this time. Council accepted two proposed amendments for processing and eventual public hearing in May. Accepted was a request from Jefferson County to extend the Jefferson County Southwest Urban Service Area ln the Regional Growth and Development Plan to include all of the Ken Caryl Ranch development to make it consistent with present urban development. Also accepted was one from Arapahoe County to amend the RG&DP to expand the Arapahoe County Urban Service Area to include the Smoky Hill area and to increase the p o pulation allocation. Also included in this amendment was a requested change in the Interim Highway Plan to add several arterials and a new limited access road. • I • - • • COUNCIL MINUTES FEBRUARY 20, 1980 Page seven Briefings on the Following Issues/Programs; • • • Douglas County Regional Growth & Development Plan Extension Mr. Howell briefed Council on the proqress reached in extending the Regional Growth and Development Plan into Douglas County. A draft of the plan was explained and Council was informed that some issues remained to be resolved with county officials concerning location of additional growth areas, but that these would be resolved prior to a publtc hearing on the plan. Briefing on DRCOG Training Programs Mr. Hobson, DRCOG Staff, briefed Council on the various poltce and fire management training proqrams; as well as the police recruitment and testing program. Further brtefhg s wtll be forthcoming as the proqrams proqress. Briefing on the 198 0 PEG Program Mr. Coward, PEG President, briefed Council on the work plan for the next year and talked about the four basic objectives of PEG. PEG functions as a central coordinating forum for the Denver metropolitan jurisdictions regarding labor relations issues and problems; provides statewide management information and education concerning the labor movement throughout Colorado; provides professional labor relations and other personnel services and assistance, as time and resources permit; and provides labor-management training. He described a number of additional activities to be undertaken during 1980 and stated that PEG will continue to work closely with CML, the Denver Career Service Authority on total compensation survey data. PEG will also maintain working relationships with the Colorado Public Personnel Directors Association, the Industrial Relations Research Associatlon, and the National Public Employer Labor Relations Assn. DRCOG wlll continue to provide financial support although it ts hoped that the monetary deflclt wlll be ellmlnated wlthln the next 12 months. Year End A-95 Report A report was attached to the agenda on annual project review actlvltles. In past years, 1t has consisted of a statistical summary of grant applications being r eviewed by DRCOG. This year, it was expanded to include the other types of reviews being conducted. Since notiflcatlon of the outcome of the proposals ls stlll sporadic, staff ls not yet able to report on approved projects. The report • I • • • COUN'.:IL UTES FE BR U~Y 2 0, 19 0 Page eight • • • s um marized all types of reviews by Jurisdiction. For grant appllcations, the report shows t he total number of proj ects and fl..:nds applied for by each J urisd i c tio n i n t he r egi on , For other types of reviews, lt shows the total nu:nber of proj ects accordinq to the J urtsdictlon of impact. The total number of gra nt appllcatlons wa s down from the previous years (407 in 1979 compared to 466 in 1977 ), however the dollar amount of funds requested continues to increase. Report of the Executive Director Mr. Farley reported on the following items: 1. The Annual Awards Banquet observlnq DRCOG's Silver Anniversary ls scheduled for March 19th at the Reqency Inn. Twenty-two dtstlnquished service awards will be qiven and the wlnner of the John V. Christensen Memorial Award wtll be announced. The cost ls $12 per person and reservations are required. Dr. Kenneth Boulding, noted University of Colorado Economist, wtll be the guest speaker. 2. The Annual Conference of the National Assoclatlon of Regional Counclls is scheduled for May 11-14, 1980 in San Diego. Information and reservations can be handled through the Executive Office of DR COG. 3. The DRCOG Counctl wlll meet on March 26, 1980 for its regular March meeting. The normal 3rd Wednesday date wlll be resumed ln Aprll. 4. DRCOG Jurisdictions were encouraged to send in their advisory committee appointments as soon as possible and to contact the Executive Office for further information. 5. A Council Interest Survey will be malled in the near future to solicit responses from Counctl members concerning their respective programmatic interests relative to serving on various DRCOG committees • 6. Mr. Farley exte nded congr atulations o n behalf of the s t aff to the new DRCOG Officers. • I . ) - - ., . c • COUNCIL MINUTES FEBRUARY 20, 1980 Page nine • • • RESOLUTION NOMINATING WILLIAM THORNTON TO THE NARC BOARD A resolution was distributed to CouncU nominating past DRCOG Chairman WUllam Thornton to be a candidate for director from Region VIIl to the NARC Board of Directors. Councll on motion by Mrs. CatT, supported by Mr. Eggert, unanimously adopted Resolution No. 9, 1980, A Resolution Nomlnattng Mr, WUitam Thornton. Denver Regional Councll of Governments, to the Board of Directors of the National Association of Regional Councils Representing Region VIII. (A signed copy of Resolution No, 9, 1980 ts attached to and made a part of the fUe copy of these minutes,) Adjournment There being no further business, the meeting adjourned at 10:30 p.m. ATTEST: Robert D, Farley Executive DlrectCX' Vesta H. MUler, Chairwoman • 0 I I . PRESENT: OTiiERS PRESENT: • • • MillUTES Board o f Cereer Service Commissioners Thursday, Feb. 21, 1980 s 8 Robert Brundage, JoEllen Turner, Judith Henning, William Hanson, Edward White · Jim Curnes, Ass't. City Manager, Mel BeVirt, Employee Relations Director, David Gooc!mNl, Attorney for the Career Service Board, J. Kenneth Holland, President of the Firefighter's Assoc. Chairperson Henning cal led the meeting to order and asked for approval of the Minutes o f January 10, 1980. Commissi oner Hanson moved, sec onded by CommissionEr Turner to approve the minutes of Jan. 10, 1980. Item 3 on about the tbe City . Item 5 . AYES: Brundage, Turner, Henr ,ing, Hanson, White NAYES : None * * * the Ager:da was the Employee Association's Choice. Mr. Holland inquired general grievance s·ubmi t t ed lie tween the Firefighter' s Ass ocia t i on and Mr. BeVirt indicated it was on the agenda and would be brought up under Item 4 on the Agenda wa s the City ~la.nage r's Choice. Mr. Curnes had nothing to present. Item 5 on the Agenda was t he Employee Relations Director's Choice. Mel BeVirt asked the Board to accept the job description and classification ran.king for the position of Research anrl De•elopment Engineer ir• the Wastewater Treatment Plant. He felt the ran.king at 530 points, Grade 10 was similar to a superintendent and the position had be en created by Council, budgeted by the Department. The ran.king was done with the assistance of the Director of Publi c Works and the Director of the Wastewater Treatme nt Plant. Criteria would be equivalent to A Certification and would require a degree in Sanitary Engineering. Commissioner Henning asked for a motion to approve both the Benchmark classification and job description of the position of Research and Development Engineer. Commissioner Brundage ~lJU'L,, seconded by CommissionEr White to approve the motion. AYES: Brundage, Turner, Henning, Hanson, White NAYES: None Mr. BeVirt indicated a general grievance was filed January 4 by the International Association of Fire Fighters, Local 1736 relating to Article XII of the Memorandum of Understanding between the Englewood Firefighters Association and the City of Englewood for the years 1980-81. This Article states that "a11.:el11Ployees ··coifered by this Agreement shall be granted 4 ·shifts/days personal leave with pay" and that "for any employee who has r.ot used the 4 shifts/days of personal leavf. .•. the City will compensate said employee for the unused tine at the employees regular wage rate". The Association , he indicated, would like the per::onal leave available for non-shift workers to be increased to 8.5 days. This figure is mathematically equivalent in days and cash compensation to the amount of personal leave now offered to shift personnel . ~.r. Holland indicated the inequity is out of proportion so that the shift worker in actuality has aV&ilable over twice the amount of personal time as the non-shift worker and will get paid on a rate twice that of the non-shift wo rker for personal days which are cashed in at years' end. Mr. BeVirt indicated the City's position in that the contract language is clear and this is not a grievable matter. llr . Goodman stated that if thE matter is covered by the contract, the Board should dismiss the matter. Chairperson Henning agreed and after further discussion, Commissioner Brundage moved that the Career Service Board not hear the grievance on the basis that the Board has no authority ~r jurisdiction to grant _ __.._~ __ _.. __ iiiiiiii_iiiiiiii _________ iillllliiiO. ----- • • I • - • • • • .. • the relief sought. Commissior1er Whi 1 e seconded the move. AYFS: NAYES : Brundage, Turner, Henning, Hans e n, White None Commissione r Henning invited b oth parties to go b ack to the negotiating table on this issue. Mr . BeVirt addi tionally submitted to the Board for their approval, the agreement o f the Police Asso ciati on and the City o f Englewood regarding the e x clusion frcm the empl oy ee repr esentation unit employees classified as captains on the gr ow.ds that the employees thi:.s classi fi ed a re mi:nage ment employees, who should not appropriately be i ncluded wi thin such unit. Commissioners Henning and Turner c ited 3A and J B of the Agreement, wi th their concensus that these sections of the agreement were outside the jurisdicti on of th~ Board. These ~ections cited are: J. "The parties fur ther agree: (a) The exclfil:ion o f t he t wo classifi cEtions as herein p r ovidec shall be effective only during the effective term of the pr esent Contr act and the execution of this Memorandum o f Unde rstanding shall not prohibit ei t her par ty from brineing the matter of the inclusion o r excludc:n of these two c las sifications before the Board of Career Servi ce Commissioners or any ot her appropriate forum by appropriate proceedings after such effec t iv~ t erm ; nor shall either party be prohibited from applying to the Boar d or any other appropriate f orum to resolve any other employee representation uni t problem at any appropriate time . (b) Recognizing that the Board, under Section 137:5 of thf· City 's Chartep sr.alJ make the ffoaJ detern ination a s to t he appropriate 1lllit, thj s Memorandum of Understanding s hall be ·corne effective only upon the approval thereof by such Board." Commissioner Henning asked t he Board to t able t he issue. Commissione r Hanson t o moved, seconded by Commissioner Turner . Mr. Cui ·nes asked the Board for s ome clear direction prior to t he March heari ngs on the Petition for Unit Determination invGlving the Fire As sociation and Employees Association. He indicated that if the Board set prec ecent, all Asso c iat i on s would benefit. Mr. BeVirt reminded t he Board of the Career Service Commissi on er Election whi ch is being held on March 11, 19 80 . He inquired whe th~r Mr. Hanson would serve his term through the· issues-at-hand (Peti tion f or Unit De tern inat i on Hearing:;:). Commissioner Henninc; asked that the City Attor ney rerde r a decision in the matter. * * * * * Item 6 on the Agend a was the Commissioners Choice. Chairperson Henning indicated that a special mee ting would be held f ollowing the Regular mee ting that evening to render a decisi on on the Benchmark appeal of Pa trjce Pa trone, Deputy Court Clerk and Ernestine ~Ai.chaud, Compute r Operator. Commi ssioner Brundage asked what could be <lonf· to implement , fully, the Ben chmark prGc edure . Mr. Be Vi r t indic ated that it already is utili zed with the exception o f pay policy and that would be left to City Council to approve/implemen t . Commissioner Brlllldage motioned that all necessary a ction bP-taken to complete and implement t he Ben c hmark system wi th as little delay as possibJe .Commissioner Hans on secondec the motion. AYES: Brundage, Turrer, Henning _. Hanson , Wh ite NAYES: None Commissioner Brlllldage recognized the achievements a'nd dedication of Mr. Wil liam Hanson wh o faithfully and dutifully served has t erm of office a s a Career Service Commissioner. The Commi s sioners and others present wi shed Mr. Hanson well and thanked him for his service to the employees of the City . • I • - • • • • • ,,.. , I t em 7 on the Agenda was the Declara~ion of Vacancy. Commissioner Hanson moved seconded by Comnissioner Br\Uldage, to accept the Declaration of Vacancy (see attached). ( • AYES : Brundage,Turner, Henn inc:, Hanson, li'hi t e NAYES: None * * * * Item 8 on the Agenda was the approval of the Eligibility Lists. Colllllissioner Br\Uldage motionec, seconded by Colllllissioner Turner, that the eligibility lists be approved as read (see attached). AYES: NAYES: Brundage, Turner, Henning, Hanson, White None * * * * Item 9 was the acceptance of Personnel Actions. Commissioner Hanson motioned, seconded by Colllllissione r Turner, to approv~ the Personnel Actions. AYES: NAYES: Brundage, Turr_er, Her.ning, Hanson, White None * * * * Upcn motion by Comnissioner Hanson, seconded by Commissioner Bl"1Jndage, Chairperson Henning adjourned the meeting. AYES: Brundage, Turner, Henning, Hanson, White NAYF..<:;:: None &i-c11Paw ,~ J Ellen Turner Acting Chairperson Career Service Board • I • - • • • • • • ----------- DECLARATION OF VACANCY: Police: (Promotional) Senior Suppc0rt Technician--4 posi tions Public Works: Me chanic's Helper--1 pt·si t ion Utilities: Public Utilities Technician--1 posi t i on Wastewater Treatment Plant: Clerk Typist. II--1 position MP.chanic's Helper--1 position Research and Development Engineer--1 position ELIGIBILITY LISTS: Fire: Clerical Technician Parks: City Service Worker II Public Works: City Service Worker II City Service Worker IV Utilities: Apprentice Operator B Ditch Rider llaintenanr eworker A Wastewater Treatment Plant; CM ef Flant Operator Clerical Technician Equipment Operator Plant Operator A • ) I • • () - • • 'NEW PROBATIONARY WPLOYEES Bettridge, Janet Brengartner, Paul Gardner, Mary Guthrie, Bradford Henderson, Thomas Mead, Darlene Papi, Stephen Webb, Caroline RF.sIGNATIONS Barnard, Maple French, Robert Lash, Randy Polson, Joseph LATERAL JOB CHANGE Aultman, J. Dale Eldracher, John ANNIVERSARY INCREASE Amack, William Condreay, Gary .oldberg, Scott Heelis, Christopher • • • • approved Feb, 21, 1980 Violations Bureau Clerk; Municipal Court; Grade one; Effective 1/21/80 Chief Operator; Wastewater Treatment Plant; Grade Seven; Effective 1/24/80 Lab Technician; Wastewater Treatment Plant; Grade Six; Effective 1/28/80 Maintenanceworker A; Utilities; Grade Two; Effective 2/1/80 City Service Worker II; Public Works; Grade Two; Effective 1/28/80 Clerical Technician; Fire ; Grade Two; Effective 2/11/80 Equipnent Operator; Wastewater Treatmen1. Plant; Grade Four; Effective 2/8/80 Clericel Technician; Wastewater Treatment Plant; Grade Two; Effective 2/4/80 Lab Technician; Wastewater Treatment Plant; Grade Six; Effective 1/28/80 Plant Operator; Wastewater Treatment Plant; Grade Five; Effective 1/11/80 Chief Plant Operator; Wastewater Treatment plant Grade Seven; Effective 12/11/79 EquiIJDent Operator; Golf Course/Recreation; Grade Four ; Effective 1/02/80 Electro/Mechanical Technician; Wastewater; Grade Six; Effective 2/1/80 Ditch Rider; Utilities; Grade Three; Effective 2/16/80 Maintenanceworker A; Public Works; Grade Two; Effective 2/1/80 Police Officer; Pclice; Third to Second Class; Effective 2/1/80 Police Officer; Police; Third to Second Class; Effective 2/1/80 Progr&Jllller/Analyst; Wastewater Grade Seven; Effective l/l/80 • I • - - • • ANNIVERSARY INCREASE (cont'd.) Lasley, Stephen Norden, Ronald Paine, Steven Pattarozzi, Michael Shultz, Jeffrey Werch, Janet Young, Billy D. PRO)l)TIONS Cheuvront, James Jaksoniak, Larry Oviatt, Kirk Shultz, Jeffrey PROBATIONARY TO PERMANENT WITH INCREASE Davis, David Gilbert, Stephen Snow, Donna ~TIONARY TO PERMANENT WITHOUT INCPEASE Garcilaso, John RECLASSIFICATION Allman, Carol Amack, William Anderson, Gilbert • • • • Mainienanceworker A; Par~s; Grade Two; Effective 2/16/80 Ma.intenanceworker A; Public Works/Tr affic ; Grade Two; Effective 1/1/80 Equipment Operator I; Parks; Grade Four; Effective 12/16/79 Firefighter; Fire; First class to Second Class; Effective 2/16/80 Public Utilities Technician; Utilities; Grade four; Effective J/l/80 Animal Warden; Police; Grade Three; Effective 2/16/80 Firefighter; Fire; First to Second Class; Effective 2/1/80 Mechanic's Helper to Mechanic( City Service Wk.IV Wastewater Treatment; Grade Six; Effective 2/1/80 Mechanic's Helper to Mechanic (City Service Wk. IV; Public Works; Grade Six; Effective 1/16/80 Mt. Supervisor to Chief Mechanic; WWTP; Grade Seven; Effective 1/25/80 Public Utilities Tech; Utilities; Grade Five; Effective J/1/80 City Service Worker II; Public Works/Traffic; Grade Two; Effective 2/16/80 Police Officer; Police; Third Class; Effective 1/16/80 Police Officer; Police; Third Class; Ef fective 1/16/80 Fire Lt.; Fir~; Effective 2/16/80 Emergency Conmunicator to Support Service Technician; Police; Effective 1/10/80 Building Maintenanceworker to Ma.intenancewor.cer A; Public Works; Grade Two; Effective 1/1/80 Mechanic's Helper; Public Works; Grade Three; Effective 1/1/80 • D I - - • • ( RECLASSIFICATION (cont'd.) Baker, Carol Becker, J ane Bright , Caryl Elder, Vernon Hanse n, Susan Laverty Debra Mammen, Aurora Jeen Mauer, Debra M::>omaw, Debra I.bran, Peggy M::irris, Richard Os ieczanek, Cynthia Shultz , Jeffrey Smith, Gail Straight, Bonnie Trenk le, Rosemary ( l wibecker, Benjamin • • • Emt<rgency Connunicator to Support Services Technician; Police; Effective 1/10/80 Law Enforcement Aide to Suppcrt Services Technician; Police; Grade Four; Effective 1/10/80 Law Enforcement Aide to Suppcrt Services Technician; Police; Grade Four; Effective 1/10/80 Eniergency Co111111Unicator to Suppcrt Services Technician; Police; Effective 1/10/80 Law Enforc ement Aide to Support Services Technician; Police; Grade Four; Effective 1/10/80 Clerical Technician; Public Works/Servicenter; Grade Two; Effective 1/1/80 Emergency Co111nunicator to Suppcrt Service Technician; Police; Effective 1/10/80 Eniergency Co111nunicator to Suppcrt Service Technician; Police; Effective 1/10/80 Eniergency COlllllunicator to Suppcrt Service Technician; Police; Effective 1/10/80 Eniergency Communicator to Suppcrt Service Technician; Police; Effective 1/10/80 Emergency Co11111unicator to Support Service Technician; Police; Effective 1/10/80 Law Enforcement Aide to Suppcrt Services Technician; Police; Grade Four; Effective 1/10/80 Public Ut ilities Technician; Utilities; Grade Four; Effective 1/1/80 Law Enforcement Aide to Suppcrt Services Technician; Police; Grade Four; Effective 1/10/80 Eniergency Co11111unicator to Suppcrt Services Technician; Police; Effective 1/10/80 Clerical Technician; Police; Grade Two; Effective 1/1/80 Public ~tilities Technician; Utilities; Grad e Four; Effective 1/1/80 - • I • • • - ( ( • • ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY ANNUAL MEETING February 27, 1980 5 c The annual meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:20 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Annual Report Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Beverly Bradshaw Rev. J. Stanley Fixter Cindy Peterson None Mike Reddy, Executive Director, Housing Toni Morris, Associate Housing Coordinator Recording Secretary Mr. Reddy discussed the annual report of 1979 and the status report of funds. He also discussed the section on future programs of the Housing Authority. Mr. Reddy stated that he met with Gary Tilt who works for a company that writes grants. Some ideas were discussed which might enhance future housing activities. Discussion ensued regarding this issue. Mr. Reddy stated that in the future the City may apply for a comprehensive block grant. We now have a single purpose block grant program. A portion of the money might go to rehab and another portion would go to any number of other projects that the City might qualify for. Discussion ensued. Election of Officers MOTION REV. STAN FIXTER MOVED AND BEVERLY BRADSHAW SECONDED THE MOTION TO KEEP THE SAME OFFICERS FOR THE HOUSING AUTHORITY BOARD OF COMMISSIONERS -THOMAS J. BURNS AS CHAIRMAN AND BETTY BEIER AS VICE-CHAIRMAN. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS : BEVERLY BRADSHAW STAN FIXTER CINDY PETERSON NONE Rev. Fixter stated that he felt very proud and fortunate to have someone like Mr. Burns as Chairman of the Housing Authority. Mr. Reddy stated that Mr. Burns has been very helpful in the land dealings of the new public housing project. He said that Mr. Burns has been very helpful in setting policies for the Housing Authority, and he is very thankful to have Mr. Burns on the Housing Authority Board. Mr. Burns stated that it has been a very rewarding time for him on the Board • • 0 I • - - • • • • • • The Enqlewood Housinq Authority Minutes of the February 27, 1980 Annual Meetinq were officially approved by the CC>llllllissioners on March 26, 1980. Chairman Enqlewood Housinq Authority Executive Director Enqlewood Housinq Authority • I • ) - • • ( • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR l':IEETING February 27, 1980 5 c The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:20 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Beverly Bradshaw Rev. J. Stanley Fixter Cindy Peterson None Mike Reddy, Executive Director, Housing Toni Morris, Associate Housing Coordinator Recording Secretary Reading and Approval of Minutes The minutes of the regular me e ting on January 23 , 1980 we r c onsidered for approval. MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTI APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 2 3 , 1980 . THE NOT ION CARR IED AS F'OLLOWS : Se c tion 8 Existing Report AYES: THOMAS J . BURNS BETTY BEIER BEV BRADSHAW CINDY PETERSON NAYS: NONE ABSENT VOTE: REV. STAN FIXTER -wasn't in attendance at meeting on January 23, 1980 Ms . Morris stated that right nc:w Pat Arnett, our CETA intern, has been purging the Section 8 waiting list and Simon Center waiting list. Next week we will s t a rt leasing up units again. Ms. Morris stated that indications from purging the lists thus far are that the lists will be shorter . Rehab Report ~ Mr. Burns stated that last Thursday, February 21st, the Housing Authority signed t he loan agreement for a new line of credit for $350,000 with the four partici-pati ng Englewood banks. • • • I • - • • • • • When asked about t h e status on the fore closure case on a Rehab loan , Ms. Morris stated that the client has made four payments and has a greed to make double payments until the loan is paid up to date. 312 Program Mr. Reddy stated that this program is something that the Englewood Housing Authority is considering using. Th.is 312 Program is not like most HUD related programs where you would have to write up an application, submit it and wait for approval. It is approved right away and mon ey is disbursed shortly there - after to the recipient of the loan using the Housing Authority as an adminis- trative middle ground to process the work. Mr. Reddy stated that this program would not be a substitute for the Rehab Program, however . Some t imes problems arise where a person has a second mortgage. The Housing Authority would then initiate -the third mortgage. The Housing Authority cannot do this presently ; therefore, the 312 Program could be used for this purpose. Also we could piggy- back the 312 Program with our Rehab Program . In the case where we will use our money for some of the work, we could use 312 money for additional work where, for instance, money expended on the house might be over $15,000. Mr. Reddy stated that the 312 money is loaned at 3% straight across the board. It is not based on a person's income. Money can be loaned up to $27,000 for any dwelling. Mr. Reddy stated that this program would be an asset to our Rehab Program. We probably have four or more people presently who could use this 31 2 money. Mr. Reddy stated that this program can be used as a third mortgage or combine the first and second mortgage. HUD watches this so a person will not be paying more than they would pay with their original first and second mortgages. Mr. Reddy stated that the money available in 312 fluctuates depending on when you apply. HUD may or may not have the money available. Mr. Reddy stated that he sees the 312 money as something that may help utilize this money for things we cannot do . We do not see this as a substitution for the Rehab Program. Mr. Reddy stated that HUD would have the final approval of the 312 mon ey . He said that Walt Murrell from HUD gave a present ation on the 312 Program last Friday to the Housing and Planning staff. Mr. Murrell indicated that at first the processing of the 312 application is hard but gets easier with each additional appli c ation. The 312 Program can be used with: 1) people who have a second mortgage; 2) people who have substantial equity in their home; 3) they have already had a Rehab loan with the Englewood Housing Authority as a second mortgager but something else goes wrong with their home and they need additional loan money. In order to use 312 money the property has to be located in a target area. The 312 money can also be used for comnercial properties. The inspection and technical side of the 312 program will probably be the same, but the administra- tive side will be more involved. Ms. Bradshaw stated that the City Council is trying to reactivate the Urban Renewal Authority. They would like to give the newly appointed members a chance to see what we would like to have the Urban Renewal Authority do. Mr. Burns stated that the Urban Renewal Authority used to meet a few years ago. Discussion ensued. -2- • .. D I • - I .. • ( • • • • Interest Generated Through Housing Authority and Housing Division Accounts Mr. Reddy stated that the money that is generated through the Housing Authority a nd Housing Division does in fa c t go back into the proper Housing Authority a nd Housing Division accounts from the City. Mr. Burns requested to have footnotes on financial statements in the future. Mr . Reddy stated that the X's indicate that this is where the interest came f rom but no exact figures were available. There was a short break for dinner. Simon Center -Management Complaints An executive session was held to discuss management complaints at Simon Center. MOTION REV. STAN FIXTER MOVED AND BEVERLY BRADSHAW SECONDED THE MOTION FOR THE EXECUTIVE DIRECTOR OF HOUSING, MIKE REDD Y, TO INVESTIGATE THE COST OF INSTALLING A THERMOSTAT IN EACH INDIVIDUAL UNIT OF THE SIMON CENTER ANO UPGRADE THE HEATING PROBLEMS IN THE BUILDING, AND TO SPECIFY THREE (3) BIDS ON THIS PROCESS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: THOMAS J. BURNS BETTY BEIER BEV BRADSHAW REV. STAN FIXTER CINDY PETERSON NONE Mr. Reddy stated that Otis Elevator is sending us a certified check for the expense of the f i re recall system and the expense of fixing the elevator that goes to the basement. Public Housing Project #CO 48-2 Mr . Reddy stated that the advertisement for developers on the new housing project wa s p lac ed in the Rocky Mountain News on Monday, February 25th and also in the De nve r Post on Monday. It wi ll be advertised i n the Rocky Mountain Journal, Daily J ournal and the Englewood Sentinel. Mr. Reddy stated that response has bee n good by phone; four packets have been picked up. We will advertise for t wo weeks. A pre-bid submission conference will be held on March 12th from 10:00 t o 1 2 :00 P.M. in Library Conference Room #1. Mr. Reddy said that the final bid h as to be in by April 18th at 2:00 P.M. This conference is for interested deve lopers to come and ask questions of various Ci ty Department officials about the p ro ject . Report on Meeting with City Council Mr. Burns stated that he thought there was a very good exchange with the City Counc il on Monday, February 25th. He stated that he thought the Housing Authority es tablished a good rapport wi th the Council. He said that some of the Council me mbe rs came in with some p r econceived notions about housing. Mr. Burns stated t h at he felt it was an excelle nt meeting. He initially gave some history of wh a t t h e Housing Authori t y h as done in the past at the Council meeting. Discussion ensued regarding th i s ma t t er . Th ere being noth i ng further to discus s , the meeting was ad j ourned at 9 :05 P.M. -3- • • I • - - • • • • • • The Englewood Housing Authority Minutes of the February 2 7, 1980 Regular Meeting were officially approved by the Conmissioners on March 26, 1980. Executive Director Englewood Housing Authority • ., ( I • ) - • ( • • • • CODE REVIEW COMMITTEE ENGLEWOOD, COLORADO MARCH 13, 1980 5 D The fourth meeting of the Code Review Committee for the City of Englewood, Colorado was called to order at 7:00 P .M. by Mr. Dick Jones, Chairman . MEMBERS PRESENT: Committee Members Prebis, Smith, Kenny, Osborne, Totton Burget, Allen, Berich, Bailey, Henderson, Jones. MEMBERS ABSENT: Committee Members Chaput, Seymour. ALSO PRESENT: Pittman, Chief Building Inspector Cox, Fire Marshal Wanush, Director of Community Development Christy, Recording Secretary * * * * * * THE MOTION WAS MADE AND SECONDED THAT THE MINUTES OF THE MARCH 6, 1980 CODE REVIEW MEETING BE APPROVED AS WRITTEN. Chairman Jones called for the vote. All members voted in the affirmative and the minutes stand approved as written . * * * * * * • I • • • • • • Page 2 Chairman Jones welcomed the Committee Members and those present in the audience to the Code Review meeting . Each member of the Committee and City staff introduced themselves. Chairman Jones then called for discussion of the unfinished business of the March 6, 1980 meeting for the review of the Uniform Fire Code . Mr. Pittman, Chief Building Inspector and Mr. Cox, Fire Marshal presented clarification of the definitions of Fire Alarm, Fire Detection and Fire Sprinkling Systems . Committee member Smith questioned the application and enforcement of the proposed Fire Code requirements of detection systems to be installed in exist- ing buildings. Mr. Pittman explained that he had discussed this matter with the City Attorney and stated that the City Attorney would like further time to investigate this matter before making his recommendation. There was further discussion of the recommended amendments to the 1979 Uniform Fire Code as proposed by the Fire Department . Fire Marshal Cox stated that he would like to see the Committee accept the amendment governing fireworks. He stated that this has been an adopted part of the Englewood Municipal Code in the past and has been most effective in the enforcement over fireworks in the City. Committee Member Smith also questioned the requirement of fire detection system installation in single story structures as opposed to three story buildings. Mr. Pittman commented that in his opinion, the requirements should remain in conformance with the Uniform Building and Fire Code without amendments. He stated that the amendment including structures containing more than 15 apartments or 20 guest rooms, regardless of height, would create substantial conflict of the codes and is not justified in one story structures. He explained that he believed the hazard is created when there are additional stories added to the structure, thus requiring the installation of the detection systems. Fire Marshal Cox explained that the Fire Department w~s more concerned with the number of units rather than the height of the structure . He stated that he would be willing to recommend that the Committee accept the Uniform Fire Code without any amendments other than the Fireworks section. COMMITTEE MEMBER TOTTON MOTIONED TO ACCEPT THE 1979 UNIFORM FIRE CODE WITH ALL THE ORIGINAL AMENDMENTS AS PROPOSED BY THE FIRE DEPARTMENT . The motion was seconded . Chairman Jones called for the vote . The majority of the Committee members voted in opposition to the motion and Chairman Jones declared the motion DENIED . COMMITTEE MEMBER SMITH MOTIONED TO TABLE THE DISCUSSION OF ADOPTION OF THE 1979 UNIFORM FIRE CODE AND AMENDMENTS UNTIL THE COMMITTEE RECEIVED THE CITY ATTORNEY'S RECOMMEN- DATIONS CONCERNING APPLICATION OF THE CODES TO EXISTING STRUCTURES. The motion was seconded . Chairman Jones called for the vote . All members voted • • ) D I • • - ( • • ( • • • • Page 3 in the affirmative and the motion carried . * * * * * * Chairman Jones opened the meeting to review of the 1978 National Electrical Code and asked Mr . Pittman, Chief Building Inspector to present the City's recommendations. Mr . Pittman reviewed the first recommended change of adding an additional section to N.E .C. Article 90-2(a): (4) Any electrical installation which affects the safety and protection of life and property, especially underground utilities, locations of transformers, buses, feeders, primaries or secondaries and all other installations must conform to the National Electrical Code where applicable. Where not speci- fically covered, the authority having jurisdiction will approve or disapprove methods and materials . Committee Members Kenny and Smith expressed their concerns relating to this matter . COMMITTEE MEMBER SMITH MOTIONED TO DELETE THE CITY'S RECOMMENDED AMENDMENT TO ARTICLE 90-2(a) OF THE 1978 NATIONAL ELECTRICAL CODE . Committee Member Kenny seconded the motion. Chairman Jones called for the vote. A majority vote followed and Chairman Jones declared the motioned carried . * * * * * * Mr . Pittman reviewed the second recommended change of deletion of the last sentence in Article 110-5(2) of the 1978 National Electric Code and addi t ion of the following section : The installation of aluminum or copper -clad aluminum conductors , smaller in size t han number two (2), american wire gauge, is prohibited . EXCEPTION : Aluminum conductors of not less than number six (6), american wire gauge , may be installed for residen- tial dryer and range circuits . After discussion of the proposed revision, the Code Review Conunittee motioned to table the issue until the City staff can revise the wording of the proposed amendment . * * * * * * • • I • - - • • • • • Page 4 Mr . Pittman reviewed the third recommended change of deletion of the first sentence of Article 240-24 of the 1978 National Electric Code and add the following sentence : In multi-storied buildings of three (3) or more floors each floor shall have a single disconnect and it shall be located on that floor and additionally protected at the servi.ce equipment. Mr . Pittman explained that this revision would allow firemen to shut off the power just on the floor of the fire rather than the power to the entire building . Mr . Pittman explained the safety aspects of this type of requirement . Committee Members Kenny and Smith expressed their concerns for this type of requirement as well as other members of the Cotmnittee and audience. It was the general opinion of those opposing the revision that the 1978 N.E .C . requirements for multi-storied buildings were adequate . COMMITTEE MEMBER OSBORNE MOTIONED TO DELETE THE CITY'S RECOMMENDED AMENDMENT TO ARTICLE 240-24 OF THE 1978 NATIONAL ELECTRIC CODE . The motion was seconded. Chairman Jones called for the vote. All members voted in the affirmative and Chairman Jones declared the motion carried. * * * * * * Mr. Pittman reviewed the fourth recommended change of adding the following sentence to Article 336-3 of the 1978 N.E .C.: At the end of the first sentence delete the period and add the the following: , but not the buildings or structures located in B-1 and B-2 z oning districts. Mr . Pittman explained this section relates to the use of non- metallic sheathed cable in one or two family dwellings and multi-family dwellings or other structures not exceeding three stories in height above grade. He explained that the City's only proposal is to excltxleB-1 and B-2 z oning districts from this permitted use . He explained that he would prefer to have rigid metal conduit required in structures in this zone district because of lack of knowledge of amount of fire pro- tection between the old buildings in this area. There was discussion of this matter by the Committee members . Committee Member Osborne mentioned that all cities in the nation have older building stock which mus t fall under this code and that he was sure these facts were t aken into consider - ation when the 1978 National Electric Code was designed . 0 I • - ( 0 • ( • • • • Page 5 COMMITTEE MEMBER SMITH MOTIONED TO DELETE THE CITY'S RECOMMENDED AMENDMENT TO ARTICLE 336-3 OF THE 1978 NATIONAL ELECTRIC CODE. Committee Member Burget seconded the motion . Chairman Jones called for the vote . All members voted in the affirmative and the motion carried. * * * * * * Mr . Pittman briefly reviewed the the fifth and sixth recommended changes as follows : (5) Add to the Englewood Municipal Code : INSPECTIONS ; HIDDEN WORK When any part of the wiring installation is to be hidden from view by the permanent placement of parts of the building, the person installing the wiring shall notify the Electrical Inspector, and such parts of the wiring installation shall not be concealed until the same have been inspected and approved . On large installations where the concealment of parts of the wiring proceeds continuously, the person install- ing the wiring shall give the Inspection Division due notice, and inspections shall be made periodically during the progress of the work . The inspector shall have the power to remove, or require the removal of, any electrical wiring or equipment. (Ord. No. 19, 8 1, Series 1975) (6) Add to the Englewood Municipal Code : UNLAWFUL ACTS It shall be unlawful for any person to make any connection f rom a source of electrical energy or to supply electric servi ce to any electric wiring, devices , appliances or equipment which has been disconnected or ordered to be discon t inued until approval of the Electrical Inspector has been obtained, authorizing the reconnection and use of such wiring devices, appliances or equipment. (Ord . No. 19 , 8 l , Series 1975) Committee Member Smith stated that these requirements were already a state law. Mr . Pittman agreed and stated that t hese amendments would bring the City Municipal Code in correlation with the State law. COMMITTEE MEMBER SMITH MOTIONED TO APPROVE THE CITY'S AMENDMENTS REGARDING INSPECTIONS ; HIDDEN WORK AND UNLAWFUL ACTS. The motion was seconded . • I • - • • • • • • Page 6 Chairman Jones called for the vote. All members voted in the affirmative and the motion carried . * * * * * * Mr . Pittman addressed the electrical contractors and explained the administrative process of inspections and notification of violations. He stated that the City Inspector must give a written notice of violations at the job site . If there is any confusion or difference of interpretation which cannot be settled in the field, the contractor is asked to meet personally with the Chief Building Inspector in his office where the situation will be evaluated and resolved. He further explained that if resolution is not possible, it is department policy to contact the State Electrical Board and accept their interpretation and determination . * * * * * * Members of the audience present who gave their opinions, recom- mendations and support were : Richard Swartz Dynalectric Co . Marilyn Wilt Triple T Electric John Jelniker Dynalectric Co. Rick Hollis II II Dennis O'Donnell II II Bill Salzbrener II II Ed Humann II II Richard Wuller II II Leon Thuelkel Swedish Medical Center Chairman Jones thanked the members of the Counnittee, City staff and audience for attending the meeting. There being no further business before the Code Review Co11U11ittee, Chairman Jones adjourned the meeting at 9 :00 P.M . * * * * * * ?(~~~_, a l l<)--1.~;_, Valerie Christy / . Recording Secretary • 'l D I • • - • • ( • • • • CODE REVIEW COMMITTEE ENGLEWOOD, COLORADO MARCH 20, 1980 The fifth meeting of the Code Review Committee for the City of Englewood, Colorado was called to order at 7 :00 P.M. by Mr . Dick Jones, Chairman . MEMBERS PRESENT : 5 D Committee Members Jones, Henderson, Berich, Baily, Chaput Totton, Seymour. MEMBERS ABSENT : Committee Members Prebis, Smith, Kenny, Osborne, Burget , Allen . ALSO PRESENT: Wanush, Director of Community Development Pittman, Chief Building Inspector Wills, Plumbing and Mechanical Inspector Christy, Recording Secretary * * * * * * THE MOTION WAS MADE AND SECONDED THAT THE MINUTES OF THE MARCH 13, 1980 CODE REVIEW MEETING BE APPROVED AS WRITTEN. Chairman Jones called for the vote . All members voted in the affirmative and the minutes stand approved as written . * * * * * * '· • • I • • - • • • • • Page 2 Chairman Jones welcomed the members of t he Committee and sta ff members. He called for discussion of the unfini shed busines s of the last Code Review meeting. Committee Me mber Baily asked if the City Attorney had given a ruling on the ap plicability of the Fire Code to existing structures . Mr . Pi ttman , Chief Building Inspector, stated that he had discusse d t he ma tter with the City Attorney but had not yet received his recomendati on s . Mr . Pittman also stated that he had not had time to prepare t he the revised amendment to Article 110-5(2) of the 1978 Nat ional Electrical Code . THE MOTION WAS MADE AND SECONDED TO TABLE DISCUSSIO N OF THE ELECTRICAL CODE AMENDMENTS UNTIL THE NEXT MEETING . Chairman Jones called for the vote . All members voted in the affirmative and the motion carried . Committee Member Totton asked about the section of t he Code which permits home owners to do their own work. Mr. Pittman explained that department policy has been to allow homeowners to do their own work as long as it passes inspections . He stated that if it appears that the homeowner is having significant problems he will suggest that they hire a licensed contractor to complete the work. * * * * * * Mr. Pittman reviewed the City staff's recommended amendments to the 1979 Uniform Plumbing Code. The proposed amendment is as follows : In Section 910, page 69 and Appendix C, pages 152-153, MINIMUM PLUMBING FACILITIES. Add the fo llowing new paragraph : Food Waste Disposer Mandatory. New structures arranged or intended to be used for purposes which develop food wastes in the direct preparation of food in occupancies, such as dwe l lings, restaurants, hotels, boardinghouses, hospitals and similar occupancies, shall provide food waste disposal equipment for such purposes within the premises . Existing structures converted or altered to the uses described above need not meet the requirements of this section unless such structures are provided with new facilities for the above purposes . (ord . 18, § 1, Series 1975) Mr. Henry Morgan, owner of 4231 So . Cherokee, asked why the installation of disposal units should be mandatory . Mr. Foster Wills , City Plumbing and and Mechanical Inspector , explained that this was a requirement of the State and that the amendment would br i ng the City's code into conformance with • D I • - ( • ( • • • • Page 3 the State code. COMMITTEE MEMBER BAILY MOTIONED TO ACCEPT THE 1979 UNIFORM PLUMBING CODE AND THE CITY'S RECOMMENDED AMENDMENTS . Committee Member Berich seconded the motion. Chairman Jones called the vote . All members voted in the affirmative and the motion carried. * * * '1< * Mr . Pittman reviewed the City staff's reco1ID11ended amendments to the 1979 Uniform Mechanical Code. The proposed amendments are as follows : ( 1) Section 304(a), page 19, Permit Fees. Add to the end of the first sentence , "of the Uniform Building Code". (2) Section 204(b), page 19, Plan Review Fees . Add to the end of the second and third sentences, "of the Uniform Building Code". (3) Section 305(f), page 21, Reinsoections. Add to the end of the sentence of the forth paragraph, "of the Uniform Build-ing Code". (4) Table No . 3-A, pages 22-23, Mechanical Permit Fees. Delete this permit schedule. (5) (6) (7) Section 801 , page 61 , Scope . Delete "floor furnace" in the first paragraph . Section 802, page 61, General. Delete the words, "floor furnace" where it appears in this section . Section 804, page 62, Floor Furnaces . Delete the entire section and substitute : Floor and Dual Floor Furnaces- "The installation of floor and dual floor furnaces is prohibited". (8) Section 1801, page 122, General. Add a second paragraph as follows: "Applications for permits to construct conunercial incinera- tors must be approved by the Air Pollution Department of State of Colorado , Tri-County Health Department and the Fire Department of the City of Englewood prior to construc- tion." • I • - • • • • • Page 4 (9) Section 21 24 , pag e 2 78 , Opera tin g Permi t . De lete entire sect i on . (10) Sec t ion 2125 , pag e 2 78, Maintenance I nsp ection . Delete entire section. (11) Section 2126 , page 2 78, Operation and Main t enance of Boilers and Pressure Vessels . Dele t e e nt i re secti on . Mr . Pittman explained that the Uniform Building Code f ee sch edul e has been used in the past for all permits r at her than t he detailed fee schedule in the Mechan i cal Code . There was discussion concerning the proposed amendment to prohibit the installation of floor furnaces . Mr . Pittman explained that floor furnaces were both unsafe and outdated. The Board discussed the cost of replacement of floor furnaces to the homeowner . Mr . Pittman stated that the amendment regarding incinerators would bring the City's codes in conformance with the State regulations . He also explained the amendments to delete the sections concerning the operation and maintenance of boilers and pressure vessels . He stated that this service was provided by the State . COMMITTEE MEMBER CHAPUT MOTIONED TO ACCEPT THE 1979 UNIFORM MECHANICAL CODE WITH THE CITY'S RECOMMENDED AMENDMENTS. Conunittee Member Henderson seconded the motion . Chairman Jones called for the vote . All members voted in the affirmative and the motioned was carried . * * * * * * Mr . Henry Morgan, asked the Board to consider approving the use of CPVC piping in the City of Englewood. He discussed t he advantages and pricing of this type of plastic piping compared to iron and copper piping. Mr . Wills explained that CPVC piping would probably be accep t ed in the near future and when the Uniform Plumb i ng Code adopted it the Ci ty wo uld permit its use . * * * * * * Chairman Jones thanked the Cormnittee and Ci ty staff members for attending the meeting and a lso t hanked Mr . Mo rgan for his interest. There being no further busine s s b e fore the Committee, Chairman Jones adjourned the Code Review meeting at 8 :10 P .M. '-[ . ~ _,__ l u {,.,_<1_£.<r-> Valer~r~. Reii'Oiding Secretary • D I • ) - • • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of March 13, 1980 5 £ The regular monthly meeting of the Englewood Parks & Recreation Commission was called to order at 7:30 p. m. in the Parks & Recreation Office by Chairman Jack Poole. Members present: Poole, Richards, Howard, Allen, Bradshaw, Higday and Romans, ex officio Members absent: Hewitt Also present: Leon Kuhn, Asst. Parks & Recreation Director Carolyn Tracy, Recreation Supervisor Mary Campbell, Recreation Leader Linda Hinchey, Student from Metro State College Bud Carson, Interested Citizen Allen moved, Howard seconded, that the minutes of February 14, 1980 meeting be approved as mailed. Motion carried. ( Director Romans introduced Mr. Bud Carson, who is a member of the Englewood ( • Planning & Zoning Commission. Mr. Carson has indicated an interest in the parks and recreation program and was attending as an observer. Director Romans introduced Linda Hinchey, who is a student from Metro State College majoring in 'Therapeutic Recreation. Linda explained to the Commission what is involved in this field of recreation. Carolyn Tracy introduced Mary Campbell who is a new recreation leader with the de partment working with non-athletic youth activities. She is also working with the newly formed Youth Council. A letter was sent to the principals of the Englewood High School and the two Middle Schools asking for representatives to the Youth Council. The elementary schools will not be involved at this time. Sinclair Middle School and the High School responded and at the first meeting of the Council only the representatives from Sinclair attended. Mary has scheduled meetings with the representatives from the other two schools individually and then will meet with the entire group at a later • I . • - • • • • Parks & Recreation Commission Minutes of March 13, 1980 Page -2- date. The following goals and objectives for the Youth Council were outlined and discussed. Purpose of the Youth Council: To provide the youth of Engle\1\0 od with the opportunity to express their recreation needs and desires by facilitating channels of communication between the youth and the recreation department staff. Goals and Objectives: 1. GOal -give the youth an opportunity to be involved in the planning process for developing youth recreation programs and services. Objectives: Hold regular Youth Council meetings. Meet informally with members and other school groups regularly Sponsor training opportunities for youth to enable them to effectively understand the program planning and develop- ment process. 2. Through the Youth Council provide for leadership development and future community involvement. Objectives: Govern all youth council functions based on a democratic system for determining outcome Recognize leadership strengths by opportunity for additional responsibility 3. Goal -Establish an open communication system between the Youth Council and recreation staff based on trust and respect for each other. Objectives: Be receptive to all suggestions and input Develop activities with Council members involvement aimed at building good rapport. carolyn and Mary asked for comments and/or suggestions from the Commission. It was suggested that a member of the Youth Council be an ex officio member of the Commission. Another suggestion was that a Commission member attend the meetings of the Youth Council. These suggestions will be considered by Mary and the Youth Council. Chairman Poole reported that he had received a phone call from Grady Franklin Maples concerning the letter from the Commission asking that all funds donated to the ) Malley Senior Recreation Center be transferred to the City of Englewood or to the ) Parks & Recreation Commission so needed improvements could be made at the Center . • • I . - • ( • Parks & Recreation Commission Minutes of March 13, 1980 Page -3- • • • Mr. Maples stated that there will be no money turned over to the city until the parcels of land east and south of the Center have been purchased. He also said that on April 18, 1980 the Englewood Centennial-Bicentennial Committee will meet and the letter will be discussed . Mr. Maples suggested that the people who use Malley Center could pledge money for the needed improvements. After lengthy discussion concerning this problem, the Commission decided that a legal opinion should be received from the City Attorney before any further action is taken by the Commission. Council Member Bradshaw will contact the City Attorney concerning this matter and report back at the next Commission meeting. Director Romans and Asst. Director Kuhn presented the plan for Belleview Park improvements designed by the City Engineering Department. Director Romans said these improvements have been needed for some time to prevent the flooding in the park from Big Dry Creek. The creek will be realigned from Belleview Avenue to the trestle bridge. Certain park activities will be disrupted during this construction \\hich should be completed by July 15. The Lions Club Miniature Train will not start running until after this construction is finished. Director Romans reported that the bridge over the Platte connecting the areas of the river redevelopment project is now being designed. The Corps of Engineers has reported that no channelization will be done in Reach 3 in the Chatfield Downstream Improvement Channelization Plan. Reach 3 is less than a mile long extending from West Oxford to West Hampden. Because of this decision, the city will probably be faced with protecting the river banks from damage in a hundred year storm. 1be Corps maintains that the channel of the river was altered by the rock dam placed in the river illegally by Winslow Construction Company. The city has been in contact • I • - • • • ---. Parks & Recreation Commission Minutes of March 13, 1980 Page -4- • • • with the Corps asking them to reconsider the decision not to channelize Reach 3 . Director Romans presented comparison fee schedule from other golf courses in the area since there have been some complaints from some senior citizens that Englewood's fees are too high for that age group. The City Manager has asked for a report from staff with some input from the Commission. After reviewing the fee schedules, the Commission decided that the Englewood golf course fees are not out of line with the other courses in the area. Director Romans stated that when the golf course starts showing a profit perhaps the senior citizen fees might be reduced for Englewood residents. A copy of the letter addressed to Mr. Jim Keller, Executive Director of the Down- town Development Authority, from Chairman Poole was distri~cf. This letter outlines the Beautification of Englewood project which is recommended in the Parks and Recrea - tion Capital improvement Program. Mr. Keller seemed interested in this project and will present the letter to his committee at their next meeting. The Commission stated that they encourage the Downtown Development Authority to help beautify the downtown area. 'The meeting adjourned at 9:25 p. m . • D I . • - ( • • • • • E~GLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 BOARD OF DIRECTORS SPECIAL MEETING MINUTES Wednesday, March 26, 1980 3535 S. Sherman -Suite 150 Board Members Present: Coleman, Gasson, Glenn, Kaufman, Mausolf, Maxwell, Neal and Robohm Board Members Absent: Holthaus, Allen Staff Members Present: Keller, Thompson Guests & Visitors: Gordon Close, Bob Voth, Paul Kells, Howard Olson, Kathye Thomas, Terry Crow, Dick Simon, Beverly Bradshaw Board Chairman Kaufman called the meeting to order at 12:50 P~, after having lunch at the new pizza restaurant across the street, Mr. Gatti's. Upon motion by Board member Robohm and second by Mausolf, the minutes of the Regular Board meeting of March 12, 1980 were approved as published. Motion carried. Treasurer Gasson reported he has been working with Gary Higbee, director of finance, to prepare a more meaningful computer print out. Upon motion by Board member Robohm and second by Glenn, the bills in the amount of $532.35 were approved for payment. Motion carried. Board Chairman Kaufman called upon C.ordon Close for a progress report on the formation of a downtown business association. He stated that there had been six people present at a breakfast on Wednesday 3/19 and another breakfast meeting was scheduled for 7:30 AM Thursday, 3/27 at Dallas' restaurant. Sample copies of by-laws and organizational structure are to be discussed. A special invitation to all present was given by Gordon Close to attend the breakfast meeting . Due to the absence of Board member Holthaus, there was no report pertaining to the Executive Director contract and job descriptions. Upon motion by Board member Mausolf and second by Glenn, the Executive Director is to write a letter to City Council placing the name of Jim Artzberger of Cinderella City in nomination for the remainder of the board member term which expires 6/30/83. Motion carried. Board Chairman Kaufman brought to the table for discussion the purchase of 3448-50 S . Broadway. Upon motion by Board member Coleman and second by Mausolf, the board shall proceed to acquire 3448-50 S. Broadway using any legal means possible. Motion carried. 6 yes, 2 no, 2 absent. Upon motion by Board member Glenn and second by Gasson, Attorney Crow is to proceed with negotiations with whomever is the current owner to acquire the property . If nece ssa r y , Attorney Crow is authorized up to $500.00 to update the Baughar appraisal for 3448-50 S. Broadway. Motion carried. • 5 F I • - • • • Page 2 Board of Directors March 26, 1980 • • • The Baugher appraisal of 3460 S. Broadway was brought for discussion. In light of the Board decision to proceed with the purchase of 3448-50 S. Broadway, the Executive Director is instructed to write a letter to Mrs. Blanche Miller-Harvey and enclose a copy of these minutes, so she will be fully advised of the Board's actions in regards to her property. Under Board Chairman's Choice, Mr. Kaufman suggested that the Executive Director advise other developers by letter of the availability of land in the Authority district. Board member Neal aaked the status of the parking project with regard to operation and 1aaintenance responsibilities. Executive Director Keller reported that until the drawings for the project were further along, no cost figures could be determined. Upon motion by Hausolf, second by Glenn, Executive Director Keller is authorized to attend the l.D.E.A. Executive Development Institute , April 19-22 in Alexandria, Virginia. Motion carried. The meeting was adjourned at 1:50 PM. • D I • ) - • ( ( ( TO : FROM: DATE: SUBJECT: • • • s G- MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judg~ April 3, 1980 MUNICIPAL COURT ACTIVITY REPORT FOR MARCH, 1980 Attached is the Municipal Court Activity Report for the period of March 1 through March 31, 1980. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Counci 1. /b Att. -n -=--=------------------~-----------• • • I . - . ~ ( • • ( • • • • REVENUE SOU RCE l·:UN I Cl PAL COURT ACT! VITY REPORT MARC H 19&) Violations Bureau Fi ncs -------------------S 7, 172 . 50 Parking Violation Fir.cs -------------------5,009.00 Court Cases-------------------------------9 ,346.00 Court Cos ts-------------------------------3,025. 00 Iii tnes s Fee s------------------------------155. 00 Jury Fees---------------------------------25. 00 Bond Forfeitures--------------------------100 .00 Driver Improvement ~chool recs------------345.00 Appeal Bond Fees---------------------------0- MAr.CH 19N 2,175.00 2,377.00 5,709.00 1,270.00 195.00 100.00 430.00 C0.00 -0- TOTA LS FOR YLAa ll ,4Z2 .00 15 ,148.00 27,659.00 9,175 .00 325.00 50.00 200.00 945.00 I.SO TOl/\LS L/\S i ·:u,n 7,075.00 17 ,952 .00 3,922.50 G:o.oo 150.00 7CO.OO ·100 .00 -0- Arapahoc County (OU i 's)-------------------~ TOTALS $ 25,337 .75 _715.00 ~ ~ 13,076.00 71,G03 .25 39,:GJ.Ol J\rr11 i gnm:?nts ·----------------------------- Guilty pleas (incl. nol o pleas)----- Not Gu1lty plcas-------------------- Cont 'd., Failed to Appear, Dism.---- Traffic Violations Burea u----------------- Gui 1 ty pleas------------------------ N~t Guilty pleJs-------------------- Triols scheduled for r.onth (held)--------- Tri al• to the f.our t (held)---------- J u:-y Trials (hcld)------------------ 1lu r ic ~ cJnccl l r·d-------------------- J11r i c~ con Li ll"~d -------------------- Jur i cs di ::mi :..:..cd -------------------- Prc -Tria 1 Conference •--------------------- Optiona 1 Pre-Tri a 1 Conferences------------ 205 132 91 62 400 306 94 174 (6) t5a (5) 16 (!) II 4 0 17 191 s ~~ci 01 lleari ngs --------------------------20 Cases clo•ed by d i~positio n---------------M7 Cases clo•ed by Der. Pro•./Sentence-------3 Oriver Sc ho ol attendJnce------------------30 ~!a rra nts and Er.ecuti ons issued------------63 Cases pending (not 1ncl. parking )---------l,7B7 r:o. OF CASES r!LEO B'I CA TAGORY : l·:o'li ng t raffic viola ti ons-----------------621 Par king viola tions------------------------1,485 Shoplift i n9 •Jiolati ens--------------------20 Other ordinance violations----------------19 Oog ordinance violat i ons------------------32 Complaints (citizen, oole• tox, bld9. )----__!l TOTALS ?.,190 r.espectfully submi ttcd, .;;t?'~u ..... G-/J,...,._,,.:f BARBARA J. P~EY, Clcri/of Municipal Court cc: Judge Louis Pa r l:i nson 229 ua 81 37 209 (13) 192 ( 10) 17 (3) 12 I I 11 0 10 95 I II 45 823 199 910 0 18 27 ___ 2 1,156 Honorab le Mayo r Eugene L. Otis and Members of City Council Andy Mccown, Ci ty Ma nage r Bernard Cera rd ini , City Attorney Hobert l lolme~, f.llir!f ot l'ol ice Gary lli9bce, O i r~ctor of Finance Carolyne Bo~tt ~e r, Court Administ rator 915 394 310 211 1,159 878 2Bt 579 (23 ) 529 (20 ) 50 (3) . 43 4 0 55 575 75 4H 10 67 171 1,778 4,709 57 79 98 --12. G ,7~0 062 355 229 125 ~cs (33 ) ~20 (25) 65 (0) -':!:i 9 3 51 0 29 243 3 40 127 696 2,225 0 48 02 -~ 31055 0 I • - ( • WB:clw cc: KW • • .. • • • llftaOflllCI n·aa.,.... Andy Mccown. City Manager Mlli March 24. 1980 William Brookshire, Director. Bi-City Wastewater Treatment Department February, 1980 Monthly Report Attached is the February. 1980 Wastewater Treatment Plant Monthly Report. • D 0 (' r: l \f i=° 0 1 \ t -..... · .... 1 .:.-~ \ .__ MAR 2 5 '1980 CITY I· "d ... .'\~;11:·~ ~ir1:~~~ ,. [;~Gi ~\\'GC~r> - I • • - - • • c • • • • WASTE WATER TREATMENT PLANT MONTHLY REPORT February, 1980 During the month of February the operation at the Plant was not as consistent as in the past. The secondary system went through a mild upset and a growth in the effluent line from the secondary clarifiers to the chlorine basin had to be controlled. The upset in the secondary system was caused by a very young sludge age which is being corrected and the Plant is now back on track. The growth in the effluent line was treated with HTH (a granular chlorine) and is now under control. Attached are reports for the the month of February; the average flow for the past twelve months was 16.3 mgd. In the new organization, the Research & Development Engineer and clerk positions are not yet filled. The clerk position has been advertized, interviews held and eligibility list established. The new clerk should be working the last week of March. The Research & Development position has been classified and advertized with a cut-off date of March 26th. After reviewing the applications, interviews will be held early in April. This position is very important in the new organization and will assist the Operations and Maintenance at the Plant a great deal. A new training program was initiated to train employees on the cryogenic plant. Several employees will spend a much longer assignment at the cryo unit instead of changing or rotating to different positions of the Facility. The new organization and shift schedule seem to have been accepted by the employees and communications between the Chiefs and different shifts has greatly improved. In the 1980 Capitol Expenditure Budget equipment to assist in the handling of chemicals and sludge was approved. At this time bids have been received for two semi-tractor trucks, one ram-eject 22 yard ·traflor, one rubber-lined tank trailer and one articulated front end loader. Bids are being reviewed and prepared for presentation to City Council • No de t ectable odors emanated from the Plantsite. WB :cl w I • • - • • ' •. ,, .. > • 4;'·• f • ·, •• of"'. . " --:~. ... ~ .... ·:· .,_i"·· ~ ·~ t,. • l• .. . .1,,:, f I • ( < ,, • .. ~'· .. ·"; -. r; . .. ... ' .. ,. -~·---··-_..,..: ...... -· ----.. -.·~--- • • - • ( • • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting March 11, 1980 The meeting was called to order at 5:05 PM by Chainnan Gibson. 6 A Members present : Gibson, Best, Feamster, Schnackenberg, Ullery, Witthus Members absent: Fi tzpatrick, Higday, Otis Also present: Stewart H. Fonda, Director of Utilities I. VALLEY WATER TOTAL SERVICE CONTRACT Mr. Fonda stated that the Valley Water Total Service Contract had been revised in a few areas and Valley Water has concurred to the changes at a meeting that Mr. Fonda attended with them. The City Attorney has approved the Contract as to form and the Contract should be ready for Council approval. Mr. Best Moved; Mr. Schnackenberg seconded: That the Board recoll'l11end to the City Council approval of the Total Service Contract with Valley Water District. Ayes: Gibson, Best, Feamster, Schnackenberg, Ullery, Witthus Nays: None Absent: Motion carr i ed. II . SUPPLEMENT 73 SOUTHGATE SANITATION DISTRICT Request was received from Southgate Sanitation District to annex an area l ocated south of East Orchard Road and east of Quebec Street. The developer plans to construct a three story office building with a total gross square footage of 105,111 square feet. A two inch water tap will se r ve this structure. The site contains approximately 8.21 acres. Mr . Fonda stated that there is a letter on file from Southgate Sanitation Distric t which states that they understand that no additional taps will be granted under the tap allocation formula because of the additional land added to the District. • , I . - • • • Mr. Gibson moved; Mr. Best seconded: • • • -2- That the Board recorrmend to the City Council approval of Supplement 73 Southgate Sanitation District. Ayes: Gibson, Best, Feamster, Schnackenberg, Ullery, Witthus Nays: None Absent: Fitzpatrick, Higday, Otis Motion carried. III. RELIEF SEWER IN NORTHEAST ENGLEWOOD Mr. Fonda stated that Council had given approval to the engineer to proceed with the design for the relief sewer in the northeast part of the City. Mr. Fonda stated that funds were available in the City to proceed with the sewer project. Meeting adjourned at 5:45 PM. Respectfully submitted, ~~ Recording Secretary by BZ • I . - ( • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT March 19, 1980 Valley Water Total Service Contract INITIATED BY Valley Water District ACTION PROPOSED Approve Valley Water Total Service Contract • INTRODUCTION: A request was made by the attorney for Valley Water District to have the City take over the maintenance of the Valley Water District water mains inside and outside the City. (Attached contract and service area map.) BACKGROUND INFORMATION: The City has served water through the Valley Water District lines since the area was developed. Most of the area under contract is inside · the City and it would be helpful to the City to maintain this area and be able to give the citizens better assistance during emergencies. The area which is shown on the attached map is located in the City of Littleton. The area in Littleton is a good source of revenue to the water fund and is needed for adequate cash flow . FINANCIAL DETAILS: None other than normal maintenance on the water mains and fire hydrants. I . • - • • .. RECCMIENDATIONS: I That the Valley Water Total Service Contract be approved. ) ) • SUGGESTED ACTION: MOVED BY ___________ _ SECOND_____________ ( YES ___ ~NO ____ ABSENT _________________ _ I . • • - • • ..... 1..>'-- / Contract ......,r / ~----( } TOTA!. SERVICE CONTRACT THIS AGREDIENT, •de and entered into as of the ___ ~ of ----------· 19 __ , by and bet.oeen the CITY OF EllGl.EWOOD, party of the first part, hereinafter si.ti•s c•lled "City•, end the VALLEY WATER DISTRICT of the St.te of Colorado, 1>41rty of the second part, hereinafter -t1mH celled "Second Party• or referred to by • p.._,,, llllTillESSETH: n1s CCllTaAcT IS IMDE UllDER AllD SUBJECT TO THE FDLLOlllllG COllDITIOllS: A. Tlt1s Contract involves the sale of water and water services outside t,. C1ty 11111ts of the City of Engleooood ff"Oll the 1<ater systeot and Pl•nt -a by Hid City end 1s •de pursuant to Section 124, Article 1111 of tlle Charter of Hid City, l<hich provides that the City Council sh•ll have the ..-r "to enter 1nto contracts for sale of 1<1ter or wter services both 1nS1de end outside the C1ty l<henever ft ~ that the lflter supply aY1tlable exceeds tllat i.cessery for the present needs of the inhabitants of the City, said contl"act for wter end wter services to be subject to the PT"esent and future needs end requiret1ents of the City •nd its inhabitants•. ( e. Exh1b1t "A" 1ttached hereto 1nd •de a P•rt hereof describes the terr1tory llerefnafter referred to as the "Contract Service Area•. The Second PlrtY has the ..-r to -, construct, acquf re 1nd Gpel'lte • wter system fn the Contr1ct Sel"Ytce Are1. c. The City hes heretofore provided wter service to approxi•tely 390 accounts in the Contr•ct Service Area through pipes ind valves oomed and •int.lined by the Second P1rty . D. The Second Party finds that the •king of this contract •fll provide for a satisf1ctory and dependable IMter supply and service to fumish 101ter for current use within the Contract Service Are•. NOW, THEREFORE, f or and in consideration of the premises and the covenants and agree111ents to be kept and perfonned by the parties hereto a s hereinafter set forth, it is agreed by and bet1<een the City and the Second Party a s follows: 1. The City agrees to furn ish wa ter withi n the Contract Service Are• • fof •11 U5es •nd purposes for llfh fch it has •PPropriative rights, of a I • ( • - • • • • • ;!-. ~~,1-~--.. -, ;:_ · .. .:. ... __ ..:";..: •. ; :i.· -• • quality, at pressures , and in quantities so as to provide water service s11111l1r to that furn ished insi de Englewood, wi thout any discriminat ion ) against users fn the Contract Service Area as against the water servi ce furnished other users i ns i de Englewood, except as specifica lly l im ited by the tel'lllS of this contract . Except as so limited , the water service so rendered by the City shal l be pursuant to the same po licies and standards u if the entire Contract Service Area .,.re insi de Englewood . Z. The Second Party grants to t he Ci ty the r i gh t to use, connect, d1scormect, modify, f"f!neW, ex-te'f1d, en l arge, replace, convey, abandon or otllRrwlse d1sPOse of any and all of the pipes and other de vices i ncluding fire "1draftts for distri buti ng water to users wi th in the Contract Service Area, ,_ ~. controlled, or hereafter acquired by the Second Party, title to wll1cfl •Y not have been conveyed by the Second Party to the City, to ti. fullest extent of the PCIWr or PCIWrs of the Second Party to enable the City to pert-fts ol>ligatfons IS set forth in paragraph one hereof. For Pllf'POHs of tllis contract all pipes and other devices including fire hydrants used for dfstr1but1ng water to users within the Contract Service Af'H shall hereinafter be refe~d to as "water service facilities•. The Second Party agrees to Pf'OV1de the City with a map of the district as ft ,_ exists and the or1g1na1 plant value data. The Second Party agrees that ft "111 not, during the terw1 of this contract, exercise any dominion wllatsa.~ over any of such "8ter serv ice facilities, Inconsistent with the exercise or perfo,...nce by the Ci ty of 1 ts r1 gllts and ob 11 gat ions hereunder . The Second Party grants to the City the r ight to occupy any place, Public or private, which the Second Party might occ111>y for the purpose cf fu l filling the obligat i ons of the Ci t y as set forth 1n paragraph one hereof. The Second Party warrants that 111 wa ter servfce fac i11 t ies it own s or controls are in publi c r i ghts-of-way or ea seaents ft now owns of sufficient size and free and clear of all H ens and encumbrances; and the Second Party agrees to pay for the acqu i s ition cf such eas-nts as may be required i n such instances where the fac 11itie s are situated on private property or the eas.....,t i s not of sufficient size to al l ow opera ti on of the faci11ty. To fq>l-nt the purposes of this c on tract the Second Party agrees to exercise -z- • . ··;~·,~1;~~~,Jl;~1:~ ' '\ ••. ~, j: •"'•.w-•j\:,..,,-.·i . f~1 w , -.{. ....... .i:.,"'. I' .,.. ..... t' •' i_.· I ... !". !'l ~ 1.•· ·: ;--.·· I • - 0 • ( • • • "•·••·--I such authority, •nd to do such act s as may be request .. d by the City, Provided that 1ny 1"9'11, eng ine..Mng, technical or other s .. rvices requ i red J for the perfol"lllnc .. of this obligation shall be perfonned by a person or persons in the ....,10.Yllll!nt of and pa i d by the City. 3. The City agrees to mainta in a ll wat .. r service facilities i t """S or which coooe under its dom ini on hereunder wi th reasonable and nonoal care to the "•tent that such •intenance is necessary to the funishing of the water servic" Provided for hereunder and to construct, operate, 111intain and k""p a COlllPlete inventory of such add itiona l Phys ical foc i! ities as are necessary or desirable to accoq>l ish the obligat i ons i t has undertaken for the Second Party as set forth in para grepti one hereof. The conc .. pt "maintain" is intended, for pr1ctic1l purposes, to i nclude the concept or required ""Pllcement. 4. The City •Y estab li sh, i111pase and collect charges for the water service it Provides users in the contract service area hereunder, wh i ch charges Shall be referred to as "water service charges ". In add i tion, the City 111111 et any tiMe iq>ose such other rates, tolls, charges or COlll- binations thereof, for granting a water user the right to take water through the water system it """s or controls In the contract service ( area which charges shill be referred to as •water connection charges•. Water senrice charges and water connection charges are s .. parat .. charges ( • and one does not include the other or any part thereof. The water service charges to users in the Contract Service Area shall be 1s Provided for in Exhibit B attached hereto ind !Olde a part hereof, and shall ,._In in full force end effect until the City s ha ll deem i t necessary to raise or l owr e i ther or both of such charges i n the Cont ract Serv ice Area . The water service charges Prov i ded for hereunder may i nc lude cha rges for public fire hydrants in the Contract Serv ice Area . Methods of collection and Schedules of charges for water service outside Eng l ewood shall apply un i form ly 11110n 9 users similarly situated . The Second Party grants to the Ci ty all of the Seco nd Party 's power and authority for i mposition and collect i on of charges for water service and water connections within the Contract Service Area to the extent necess ary to enable the City to illlpOse and coll ect Its ch arges for water connections and water service hereunder in the Contract Service Area . !' • . ............ -.·#,;;r--~-;~~~!t~:.;. .... ~ .. · ~-.....,\ -.... ::~~ ... ;..;:~~.;,..:~ -----.:.. 1'"' -~~,:: ;. i .. 1~1 .... •,:. ..... ~?.:~ :.:-~ .,/"_ I , , ,. ..,..._. ..,,~~~~..,~~-·· : '.,_·~. "~-~.,.,,t.c"!:: ~~~~ : ~ . ;-• :~ ~·-':' ~::.c.~l'f-$'. . "'., i;t..f'it . , ~·-:--"'::; .:.·.~;· ~-~~;<~-+::.:: .. : ~ ~· .... __._~ -~"\: ,. J...\.! . • . .#·..... '. ;• ;':">~ ~;~ ... ;~ !l.-1 _'. . . , . ~ ...... -~.4: 1; if-~t:4:;~~ ~l~-=~; ' . ·:-,'. :~-\:i.J) :r;t~!./fl:("tJ;~!f.~.! j : ~ ,, .. ~ • ~~~ ~-;~~ ' ~~>. p_;r~ ;, .,\ : ·.-)1~ r~~~~:!.-':'~-_ IJ.:.•. ~u.• I -~,.-;.'" J ... ~•~.,_~°"!lt ·~c ;.,~--~ < .. :· :~·/r;r;;.?;~-:>,-;."*-~~~ ':,/ I ' .. .. .. ... "'·..) ~..,. ... 1~i ~ .. ~-Tri~'!',.,.. • .. ,··:~7:\:!~/,~ey;}" .J" / l:. I.. ' '.' .... ' I • f ... ' t ,...:- 5 l,~~~-·,:.-=<~?~?-?; . ·. ~ ,• -;· i ~.... .! :~ . ·: ·:·:j.<z:~-~! . . '·. .. . <:·:·;;~1 ~ ... ,,:,. -.. '; l.._ '·J ;, ... t . ~x . 7_j : ;}~1::2.;~;;d" .>. ?·j'j-;~+;~~~~;4: . .. -~ ~ .. ".( ~,.-- .• '""'"~i-~-?:-: ·. r • -,. . ' .. ' I • - • • • • • ~~'·. -·--~. 5. It is .,tually agreed that the duration of this contract is such tt..t the ?Asuge of ti• will req ufre changes in the charges t o be made for the ,..ter serv ice to bl! rendered hereunder in the Contract Service Area, ; and tt..t the 110st feasible wa y to insure fa i mess wi ll be to keep ch a rges for the rendering of water service outs i de Englewood un i form l y related to charges for the rendering of water service insi de Englewood for similar serv i ce . It 1s therefore a greed that the City may mod ify the schedul e of ct..rges for ,..ter service provided hereunder, from time to time, in i ts discreti on, Provided : 1 . The City will take reasonable steps to not ify the Second Party and each ,..ter user i n the Contract Service Area of such change within 1 reasonoble t ime after such change shall have been adop t ed . b. The MW chlrges wi ll not be disproportionately greater for wa t er servi ce outside Englewood thin for similar water s ervice inside Engl-; Pl"Ovided, hoooever, outside Englewood charges MIY not eaceed co111perable inside Englewood charges at any ti,.. by llK>re than lOOS . c . The chlf'ges Uftder thi s and other 1i ke contr1cts sha 11 not bl! deaed to be disproportionotely gre1ter to outs i de users under the reference fn sub?Aragraph Sb, i f the rate of ret!Jnl (eapressed 1.s a perct!fttage) froon all the City's potable ,..ter sales outside Engl-d shall be no 1110re than 6 (percentage po i nts ) greater than tile rate of return froon all the cay 's pota ble water sales in Eng l -.oct. Rate of return shall bl! derfved by d ivi d i ng total reweiue (tota l outside Eng l ewood or tota l i ns i de Englewood) in eacess of the app licab le costs and cha rges for operation, ma in- ten1nce, and depreciat i on , by the value of the plant devoted to the furn ishi ng of the water supply from which the revenue was derived . The City shall have reasonable discretion to establish and apply criterfa for detennining, as to both outside and inside EnglOWOO<t, rate structure, necessary plant, plant value, and operat i on, 111 intenance and depreciation expense, provi ded the app l fcation of the crfterh shall bl! made as if there '"!re no d ifferent ial between charges i ns f de and outside Englewood . The term total revenue shall not include charges for public fire hydrants. -4- .. -...!J,.. • :; .... •• • • ... ... _!~t,;.t •. ;: ~ -~-• ."_:.;;,;. .. " .., °i"',. .., ,., •r -"'---, J: -... ft;~:-;!~-'";.~~--~.t:.~j;;_;·~:·:ty· ~ :. '-: -. ~- 1"·-~ .·. ;.;.";r" . . ..... ~: . ~-... ~,,.·.:. -L , ~ . ~~,-~~-:"" :: -.. -:_ .'/· .-·:~~-;;_;:-.-., ~ :·-. ·.~': .. :: . ::·~ ~~·.:~r-~-~;.: ·: i r~" : : '"':-•. ' .• ,.:-• •• -: i-- 1 •• --' t : ' • .f .: t '> r .... ~ \ .. I • - ( • ( • • • • __ · .. . :.:.::-.· ,_.-.,~.~ .. v ~{~17;~·-·f~~~{·i~ • '..,. 'l.,.:_...r .·-'!_"_·''~'~ .. ~·~ .• -!:~C"!t"-_.-.:;.;.~·-~,.-'~~-..,_;v ,f . _,. .... __ • --:....... ·---.. .;i.c-;-.L-..,. ... ~,,.,,:t;fJ.:\ .. ~-: .... ~-. 6 . All the tener1 l rul e s •nd ,..,gulatfans •nd •_,dolents thel"l!to pl 1ced .£ngl~ llult1clpel lllter Systen, condit i ons of service f,,. tllllt system, and ll"Deedul"H relating to fnstalhtion of,_ t•P5 shall be as fully The Second P1rty Ntalns tlle full rf91>t to •ke and enforce rules not inconsistent w1tll tlle C1ty l"llles to ~ uses in the Contract Service Area. The to HS1st t1le Ci ty In 9'1fvrc1ng I ts rules incl ud i ng thoH l9de to Protect Contract S..-.1 ce A1w . 7. lllt~,.tlon of tlle ~ and require.nts of the Ci ty •nd i ts lllM!lltlnts w1ttl respect to •ter f,... i ts •ter •Y•tm is 1 fact to be detetwi11911 lly tie City C-11 i n i ts -discretion, to lie eaerct5ed f,... ti• to ti• as llCClslon ay ,...uf re . llh11e tlle City Intends to •int.In 1 •ter SllPPly •--te to -t the ~s of i ts inhabitAnts end _,....,,,... ''"' ~ -tlle City far Suell S.s>ly. Ind further.,.... to use all ,.._.,le -to •Int.in 1 surplus of weter f,,. wlllcll to f""'islt ti. D11tr11111tor wltll '9ta1e •ter for notWl UH, there ere el-is can 11-.,s lie •deCllate ..... tllefoefor, In tf•s of sllortege of •••illllility of •ter for~ -· sen.ice to ~ outside tlle City lllSt lie CUrtliled and, in tlle lllppeeiq of suelt -· sllall lie Cllrtliled on tile following t i 1111 i.c-s .,re serious, lite lest such curte i l!Rnt to be i n'"*ed only to -t the grnest possible s i tUlti on ind one wh ich ewery reaso...ble i>l"etlutlon will be Ult@n to •wo id; to wit : l. z. 3. c . 5 . ~tr ic t ion of i rrigat ion. Protnbit i on of 1rrigation e•cept for c"'-rcial greenhouses. Proh ibition of ewery use except for d'-stic use and for e ssen ti a l i r,di..5try . Proh i oit i on of e ll us e outs i de th<! City except ~st1c uses . Pl"'Oh i bit i on of 1 1! us~s outs i de the City . T'le lllove ?ro•isions are subject to .,,,P l i f1c1tion, lllOd i fkatlOfl, or resc i s- s1 on \b) t M City i n its sol e discr!!t lC n . -5- • .. ; • t-~· .,T• :;:.J. .:-·t.t ::,;;'~;·.;_· -~·~:>._· ~ ...: ;. ; ';:-?"' :..<:.J~:.~..:~-,;-:-!;"-fzy-' -... ·;. ::•:~;_"";.-'f,.:L~-~ .. .:;_~:''··~ ... __ • ... r -: .... t ... ,~,.~:~a.C ;'¥~~~.'-·_;;~ 1 : ·• • ._,-f. ·' "'V -_..,£~>~7~'(;\ -.• J . ~ ~--"le..;_ .,,_ ..... -J -;" .. Y ,/.-1JJ; ~1~'_::-··~,_-:-_; ~ -• # 1 #·:·,~~:~·:~! .,lT;~~;-,.;~rf ' ~ k '·J ·· ..-':-!.-.j .. ,:-'~~ ~""t-... ..,. ·~"?'.!"? .:; l 1f.>":)?-~1 G+:~~~;~~~~:·.~~-P4 _·"'-j .,. •.,,;./~T h ~'-("'#'-'-!~· ~·;. "~· ,,;~~~t.~W'--~ ~Zi, /';,.t': :: I !~)~/~ <~~~~~r%~i~.1 '·_ ~ • -~ ·-·-~_\-~• ·~"f~~;c~ r 0 ~ . ~ 7 ", ,.. --:) "' °Yi ~t;.c -::t:1-· I : ........ ~:.~ ,~ _-· ~-~::~·:t.~:t~~~~~f~~· '· i;_ _ ••• ,,..--.1 ,.-.............. "'-~ .. ~ ..... -;:...... t ';. ~ :;: · _ _.;i..;~-~;it;~~:._.f-.J:;_-_ . :~,::~)~~:."'::~,.,.~·i'f: if \ > ~ ~: . ·- T.', i . ·-.. :; t:· .... ,... . ~;. \. , : \. ' "\• ;,• .. .· .~; ~~;;. .. ,.r~ :..·~-·~-' ·.\ -,: .... -· : .. ·· · · . i. ... .-. ,. ·~,,._,,-,,.~~ -:.i ,. ·£"t f ,.;J . :)' -... ; -:;·~..A,,:.;:::-,·,~~:_':' .-,~;Zf' ~ -;'>·: ..... ~. ~·:·~~,.~-ri:·-:_ .. ~~~·'51-.? . ·.... • ·' :. • ).r~·,..-t"a:. 1• F>.,·i"9'.,..f#":4 ~ , :' • JA" ~ ... ·?,_,_-y.. .• 'Jffe.<l.f · ·-, .-:. ··;;l ;L4.-.·t.~~ .... {--~~:~11' ,, ..., ~:-:. t'!· +t-:.X.::.·r,.r"' .."':~:i, ~ ._. .. :-..• • ;-......... ~-.l'>f-"f'l ~·"f,~.t -~;t, ~. . ~; :;1 vi ~_;J>::.-r11,:"r;.t ·~';_ ,,.., -;; ~ ~ --~&;.!:.t~~~t'~t ' · • -. -•. it ;c , tt-~~.A"~;<tj .,'jl '-'· ~ .. ·."' ...... • ".S'f, ... ~t. .... ~ ·., ,,, ':, f ,. .. ,.11;_ ,-.} ,iJ'li-;f":i&./' -'.: "!·-'·· 1 ··~.iJ.·i:~· ·~·H~·~·~ _-~; ~: ~-; "; ___ ;~ '¥·-~-~-::.<'\ .. _....:: . .-... -.... , •. t~ ... w..~~ .. :-~ .-; 0 I I' ! • -')· .. ~·:.-·i· ·111-1;.'!'•r..-; •• '~-~ ' .. ., ... J._; .. 11.t:~ .£..~.~~-f . . ,, ... ~-.... -.. ; ~· •• ·! ',."; .. :~1/~~.-~Ji,: -' ... ' ·:·~ .-. :t:r -·.1'l1jl .(_~i"'~ I • - • • • • • ~ .... _,. .. , . . ' • • -';'4' 0 ... ·--0 W O - .. -. • 8. lllothoorithst.nding any other term or provision in thi s Contr1ct, it h spec1fic1lly understood and agreed that the City may suspend the · , .. ting of ~ .. in extensions and taps in the Contract Service Area; provided, howver, that the City shall be ob ligated to exercise this right of suspension uniformly • .,ng all areas outside Englewood which are sim- i larly sftuated. The City agrees to give six 1111nths written notice to the ~ Party of such suspens ion, unless circuinstances require 1 shorter period. 9. All Wit.er fumhhed by the City in providing water service hereunder i s on • l•setiold basis for the use of weter users in the Contract Servi ce Area for all the various PUl"l'OSes for which Englewood has been decreed the right to lp?ropriate lflter . Such right to use water by sa i d wa t er users does not include any right to .. ke a succession of uses of such water and -~letion of the pri .. ry use by the water users all domin i on over the •t.er so leased rewerts C0111Pletely to the City. EKcept as herein specifically Otherwise provided, all property r i ghts to the water to be furntslled b)' tlle City hereunder are reserved i n the City, provided, howver, tNt mtllfng herein shall be deemed or construed as creat ing an obligation on tlle City to ._nt.e said •ter fl"Olll any ,..terial added to it in use by the •ter users or as creating any Obligation on the City regarding purification of tlle total •ss after use by the water users . Nothfog contained herein shall be deetoed to fq>ose on the water users any obligation by virtue of this Contract for the purification of Wllter after use by the •ter users, any such obligation, if 1t exists, be i ng such as 011ny arise without respect to anything contained in the Contract. It is 11111tually agreed that there is no ob li gat i on on the Second Party or on the water users with respect to creating any Particular volume of return fl ow from 10 . The City is not obi I gated to provide any additional f i re hy drants to those shown on the •P required fn paragraph boo, in the Contract Service Area . Private fire hydrants •Y be Installed at locations other than those shown on the •P. All fire hydrants shall be Installed pursuant to the rules, regulat ions and stand1rds of the appropriate Fire District . PubHc fire hydr1nts installed or repllced by the City shall be the Prooerty of the oCf t y . -6- • I • , .... ~I ,. ·: :r -.. ,. ,. \ . "' t .. f . • I _, "-·--. ~ - • • • • • ··- 11. All woi..r service fac1 1't1es 1ns u ll ed or replaced by the Cfty ( ln the C....tr•ct Servi ce Are• sha ll be 1nst1 1l ed pursu1nt to i ts rules, Mlfl •tiQM alld rtaftde"'s and shall be the property of the c;ty. ( ( • 12. llo et1hl"!lell@tlt of the Contract Serv1ce Area or '"Y other a--.,t of tllh C....tract •Y be •de ucept by 111Utual ag,._t entered into wi th tlle -1-H ty u tllit -loyed in the execution of tills Cotttr1ct . 13. Tiiie 'Second Party •Qrees that i t wl l ne i ther d;rectly nor if!- directly fllMl1sll, nor autt>orize the furnishing, of any Wlter ~rvice witllin tM Cont,..ct Servi ce Area or through use of any of i ts f1cil i t i es e•cept as ""'e1n provi de!. 14. Tith contract shill f'81l l n in force unt il tennin1ted by 1111tu1l a~. 15 . It is eg,_d thlt the d....,ge to the Ci ty for fa il ure of the Second "-ty to perto,.., ttiis Contract i n e ll i ts es~t i el Pllrts will be 110t less tMft tlle ~tfon cost of the Pllrt of the feci lit i es i nsti lled, l"e!Jlaced or ned bJ' t!le City to SIC'Ply said Contract Ser.i ce Aree, wll ich dnage the Second Part,r 99fWS to PllY ~i1tely uPOn the occuM"ence of such fa il ure . 16. !11 tile-tall or a Pllrt of the Contract Service Area is a-.c1 tD U. City of Ellgl~. all wter ~ice facilities of u.r Second Party located "'tflt• tlle ,_...ical area -<ed stiall without cost to the City, beco. tile sole l""CIPe'tY of tlle City and tlle Second Perty agrees to PllY be subject if requi red by tlle City and to forthwi th execute an conveyance of sa 1d facilities to tlle Ci ty adequo.te to evi deflce the PTllPl!rty i nterest so transferred by 1nneuti on . 17 . Th i s •g,._,,t supe~s a ny fo.-r Wlter s upo ly Cont:r1ct ex isting betwen the P11rt 1es hereto . The date for ass""'Ptlon of rights and dut i es of servi ce by tlle Ci ty and coll ection of charges therefor sha ll be the ___ day of----------· 19 __ , an d e ll necessary adj ustnients sha ll be •de to th<t date . 18. The S..cond Party agrees that Where the City is directly or impli ed ly authori zed to e•ercise its _;udgment, it s hall not be Quest i oned unless clearl y unreasonabl e. -7- . · .. ": ' ! • ' .. I • - • • • • • • • ·' ,· 19. The Ci t y a grees to s ave t he Second Pa rty harm l e ss from the cla 11is •-• .... -.. ~ .. .,, .,.c~~ .... "'"-(t:~:~:llii>.i:. ... .., ... _ .. "'(':~ ... ~-~ ... >-.• - of third persons •ri s i ng out of the Clty's opera t 1on, mointenan ce, extens ion and @n}&rgeoient of the Second Party 's fa cili ties under color of thi s contrac t ~nd to defend, at its expense, a ll a c t i ons for damages ari s i ng out of such City action which 111y be brought aga i nst the Se co nd Party by t hird persons . In the ewent of an occurrence or l os s out of wh i c a c l a im ari ses or cou l d eris~. the Second P1rty 1gf"H:s to transmi t i n wri t i ng, and at once, any no t i ce or 1nfonoation received or learned by the Second Party concern i ng such cla i m. Uce$)t at its _, cost, the Second Party agrees not to vo l untarily make 1ny PIJ'llent. ass&m: 1ny ob li gati on or incur any ex~nse i n con·necti on wi the subject .. tter of this paragraph. No claim sha ll lie against the Ci ty hereunder un l ess as 1 condit i on precedent thereto, the Second Party has fully ~lied with the provisions of this Contract nor until the amount of the Second Party's llDligation to pay shall have been fu ll y determined . zo. The Plrties shall not be ~d to have agreed that the benefi ts •nd oblfgatfans Cl"Hted by this Contract have be@n modified by any ._,dllent ~fter ... to the Constitution or laws of the Stlte of Colorado or tne Charter of tile City of Engl-.od unless actually agreed to by the parties hereto. 21. In tile e vent the District seets to dissolve pursuant to C.R.S. 32-1-602 et. seq. (1973 l'l!n!. C1111. Supp.) .,..itten notification of the filing of •PPlic1tion for dissolution shall be provided to the City concurrently with such filfng . The plan for dissolution shall i nclude provis i on for con- tinuation of this a~t. with 1 responsible party (i es ) acceptable to ttie City being substituted for the Di strict as party to thi s 1gree.ent, Sl i d party to ass.-all obligati ons and rights of the District hereunder . If no such provision is 111de for ISSUlllJltion of contractual ob li gat ion, then i ~i&tely upon di ssol ution of the Di strict , t hi s agreemen t s ha ll be nu ll , vo i d and of no further force or effect and the Ci ty sha ll have no further ob li gation to provide water servi ce purs uant to the terms hereof. In the event the District should cease to funct i on by operat i on of law, i .e . failure to elect • Board of Di rectors or if, desp i te making every reasonable attempt, the City is unable to ascerta i n the whereabouts of any duly elected momber of the Board of Directors or any other offi c i al of the Di stri ct, a n app lica ti on -8- • ( '.:;~·~'~I~f?if(;~;: , ': ·\'-..... .i!-.~1>~~.l ,-~ ... ,;. •......... i:, ·~'.!'::ii~i~~(t,;_ I ·, • '"'t:.t ·\: ~ ·-,..·-~~·,·":: I J ·~-. :~-·~ .. ~{i:f:{b~~;i,f.:::.·t~~~!.i · r.-. ·' ••.. -' . •:-.·-:.·~ -: ~~ ~ ,] ~"'. • .... ~;.~! .. ,"'lo' "'.-;J--.-r-..,;,,,.· .• if ~--·-· ·--, ·~!}:.:· ... ,~ .. ~·t:)~:3'.t1 !" 1 I c ·-- f ·-~ • J . ...: !-' ,_.~;~..,·.!_:· ·, .: !t t -. /::> .. : ~t . ·+;.-~: r. r -4f ~ .... ,I " !' .. -~· • • .. ~ t :.· _--.. ,. .... ~ 4 -i.,1 ·:.~"': ... : -~:t i t :-', •. -·.-:c:-! .. •, . --· f I I ' ' t • .. s L .. I • - • • c • • • • . to nclllde •ddi ti-1 servi ce 1rea under this Contract is recei ttd. the Ci ty will refuse to lllthori ze sucil 1-.111e>t until such ti11t 1s 1 respon- " sible porty(ies ) •cceiiut>le to the City his oss.-d by eccepunce of en 1ssigMert of ttlh Contrect a ll obligotinns iniposed upon the District by this Con~ct. 22 . It is ""*rstood and agreed be~ the part i es hereto that the Ci ty dDes not hold itself to be 1 pUblic utility or subject to the control of the Public Utilities C~ission e>f the Stote of Colorodo for any purpose wtwtsoewer . This individUill Contract •nd 1ll ;>arts hereof are subject to 1ppl1cable dec1s1ons of the Supre11t Court of the State of Colorado regording licit of jurisdiction of the Public Ut ilit i es Camnission over nmicipol Wlter systems end the supply of water therefro111 to users outside City Limits . 23. No oss i !119e!t by the Second Party of his rights under thi s Controct shill be binding on the City unless the City shill hive assented to such en ossi~t with the s.. f-lity es e111>loyed in the executi on of th i s Contract. 24. Each one of tlle benefits •nd bunlens of this •~t shill in~ tt> 1nd be binding upon the resfJKtive legel representatives, successors and 1ssigns of the porties hereto. 25. The SeCOllll hrty •trees thlt effective ---------no 11111 levy or DtlRr clllrges will be Chlrged by the Second Party to •"1 custolltr within tlle City lillits of Engl-.:t ""° is also within the Hllits of the Valley Weter District. Should the District desire to chlrge • mill levy to cust-rs of the District outside the City li•its of Engl""°°"· the City of Englemod 1grees to tllte the steps necess1ry to de-1nnex the portion of the District within the City 1 illlits of Engl-fro. the District. 26 . The City 19rees that i t will 1dd fixed charges to the weter bills of cust11111ers wi thin the District outside the C1-ty 1i11its of Englftll>Od 1s directed by the District to cover (1) f i re hydrant chlrges (2) operating expenses of the District. Operating expenses of the District collected in this manner will be sent by the City to the llistrict. -9- • I - • • • • • Z7 . It h .,W.lly •greed thot the District NY d issoi.e and the t:Olttnc.t service •re. •.Y e l @ct to recei ve service 1 t 1 ny t1 w from 5<1R 1wr siurw.ror of .. ter. The Di strict a grees the Ci ty of Engl 8'00d s hi ll be ~i-....sed the "°"l•-t cost of c.p 1t1 1 f ac ilities insta lle d at the •-of the Ci ty. A fo i r and equ i tlbl e se~rance wi ll be negot i ated •t the t• the Di strict dloows to se~r . VAUEY WATEl! DISTR I CT ATTEST : By ""Pres---.,.;ci...=.,..t-------- CITY OF Elllil.EllDOD ATTIST: ly"""'~---------Mii'Of' City C19t't .. ity ttorney -10- \. . ,~ .... • • I • • ·~ ,~ . ·-- • -- • - • I • • • • • ·ID - .- • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT March 19. 1980 $5.00 Charge for Delinquent Accounts INITIATED BY Weter and Sewer Board ACTION PROPOSED Revise ••.micipal Code paragraph 15-3-22 to include a $5.00 • charge for delivering turn-off notice to premises. INTROOOCTION: Delinquent accounts have become larger in number since the water Department discontinued the practire of charging $5.00 on a water turn off notice. (See attached lll!llOrandWll to S.H. Fonda. Director of Utilities .) BACKGROUND INFO!tM.'TION; There was not adequate authorization in the Code to charge $5.00 when delivering a delinquent turn off notice and the practice was discontinued in April of 1978. Since that time. the number of delinquent accounts has becOlle larger which means less cash flow in the Water Fund . FINANCIAL. DETAILS : None • , I . ( - • • • • • • REC~MDATION ~ To approve the request for chang;ng the Code, paragraph 15-3-22, to ;nclude the $5.00 charge for turn off not;ces on del;nquent water accounts. SUGGESTED ACTION: MOVED BY~~~~~~~~~~~~~ SECOND·~~~~~~~~~~~~~~ • 11 I . • - • • • • • • MEMORANDUM TO: S. H. Fonda, Director of Utilities FROM: D. K. Stephens, Mgr. Cust. Services Div. DATE: February 14, 1980 SUBJECT: Proposed Changes to Handling of Delinquent Accounts In April of 1978 we diacontinued our practice of charging $5.00 when a cus t omer servicelMUl visited the premises of a customer for the purpose of collect ing d lioqu t charges. The discontinuamce vu due to inadequate authorization in the Cod for such a charge. From the time ve discontinued the $5.00 charges, the number of delinquen account , as well u the dollar amounts on our -thly reports of "TOTAL PAST DUE, 60 Di\Y TUU OFF LIST", began steadily and substantially rising even thoqh our records show incr a d effort in this ares (38% increase of work-hours). Comparing the last 6 months period in which the charge was illplemen ted (Jan .-Jun 1978) with the last 6 months period without the charge (Jul.-Dec. 19 79), we have ob-t served the following changes (the water and sever rates unchanged): l«>NTRLY AVERAGE 6 MONTHS ACCTS. DEL. OVER TOTAL $ WORK HRS. ON PERIOD 60 DAYS PAST DUE COLLECTIONS Jan. -June 1978 190 10,624 34 Jul. -Dec. 1979 357 24,049 47 <llAMGE: + 88% + 126% + 38% DIFFERENCE: + 167 Accts. + $13,425 + 13 Hrs. ESTIMATED LOSS OF REVENUE: MOH'l1ll.Y ~ Interest on $ 13,425 at 12% $ 134.25 $ 1,611.00 Lost revenue for 47 calls at $5.00 -$ 235.00 $ 2,820.00 Cost of added 13 work hrs at $9.00 -$ 117.00 $ 11404.00 TOTAL ANNUAL LOSS: $ 5,835.00 • I • - ( • • • • • • To reverse this trend and to be fair to the customers who do pay their bills on time , we propose that the following be substituted for the existing par . 15-3-22 in t he Municipal Code: 15-3-22 CHARGES FOR SERVICE CALLS : The Utilities Department is authorized to charge five dollars ($5.00) for service rendered when the water is turned off at the request of the licensee or when a customer serviceman visits the premises to deliver a turn-off notice or to turn off the water in compliance with par . 15-3-19 of the Code. If water turned off at the curb box by the Water Division is unlawfully turned on o r ca used to be turned on by the user or if the waterway controlling the service is not readily acceaai.ble, the service -y be cut off at the -in by the Water Di v ision and, before the water will be turned on again, the user desiring same on said premises shall pay the cost and expense of turning off and on, including digg ing in the street and a perait for cutting pav~t. Concurrently, I propose that we discontinue the use of the OVERDUE NOTICE in order to: t (a) save the cost of one mailing (b) ween customers from the expectation of three -ilings before payment is required (c) reduce the period from billing date to turn-off, from about 75 days to about 60 days The Code (par. 15-3-17) specifies that an account is delinquent 30 days after billing date. The saae paragraph requires 5 day written notice (Henry's red tags) before the water 111ay be turned off. A c omparison of the existing procedure with the proposed is as follows: EXISTING PROPOS ED BILL MAILED 0 0 OVERDUE NOTICE + 43 Days FINAL NOTICE + 53 + 43 TOU-OFF ACCT. LISTING PllOVIDED + 67 + 50 RED TAGS DELIVEllED + 71 + 54 TURN- OFF (+ 77) to (+ 150) (+ 59) to (+ 90) As you will note, under the proposed system, the customer will still receive two (2) mailed notices, plus a personal call (Red Tag). Steve -2 - I • - • • • • • • 1&-:l-31 15-3-20: SPRINKLING PRIVILEGE ; LICENSE REQUIRED _. A sprinkling privilege to irrigate lawns, shrubs, gardens, eLC., will not be gnmt.ed wileas a liceue is taken for all purpoees for which water is used on Lhe premises served. and no privilep for irrigation will be issued for less than the -.on rate unless the lice-is receiving and paying for water through a meter, in which cue no separate sprinkling privilege is required. (1962 Code, § 8.6-91 l~Zl : UNAUTHORIZED USE OF WATER luly UDM&l.horiaed UM of we&« supplied by Lhe city slulll oo paid for ul the -mteu if the-bad baa~ t.opt.her with the coat incurred by the Wm. Dmmoa ill ~ and etimiuting the unauthorized use. Such paymait sbell noc. in a11y -y affect any liability or penalty which may be impoMld for such -~ u.e. (1962 Code, § 8 .6-10) l~ZZ: CllAllGES FOil WllNING OFF AND ON WATER In cue a licma9e aball be rewked for cause and for t.hat reuon the wat.er sball haft bem tul1led off, a charp of five dollan ('6.1 aball be made.{ii water turned off at the curb bo& by the W._ Division is unlawfully tul1led OD or caued to be tul1led OD by the-or if the-tenray CODtrolling the ..-vice is not readily ac 111ihle, tbe ..-vice may be cut off at the main by the Water Division and, ....,. the W.-will be tul1led OD apiD, the U8W daairing aame on said ..-;.. 8ball pay the co9t and apmae of tunaing off and on. including digging in the atnet and a permit for cut.ting payment.\ When a request is made by l.he ....._to have tbe waler tul1led off, a charge of five doJ1an 116.) 8ball be made for w:b auch turnoff. 11962 Code,§ 8.6-11; amended Ord. No. 11, § 5, Series 19721 15-3-31: (a) Article 111 -Service Collfldiou PERMIT AND NOTICE REQUIRED Permit. Eacept u bereiD otberwiae specifically authorized. it shall be unlawful for uy penon to make any physical coonection to any of tbe pipes or facilitiee of the city water system or to any privately OWDed or publicly owned utenaiona thereof without first making application t.berefor. Such application shall be in writing and shall be filad with the Wat.er Diviaioo by the owner of the property C.O be ..wd or bi8 autborir.ed agent. Such application 8ball contain a full de9c:ript.ioo of the premises to be awved and tbe fixtures to be suppliad. A psmit for the work will be granted upon the condition that. all rules and specificatioas rmpect.ing connections 1hall be fully obaerved. 459 2 -•·TI . • I • • -• • ( 6 B C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT April 7. 1980 ~MRI.ended Annual Renewal of Liquor License for 7-11 sTnDi" INITIATED BY titi c11:a ACTION PROPOSED AllllAL BflEWAL Expiration Name of Business Address ~ Date 7-11 Store 2705 South Broadway Off Premises 5-23-80 ( • I . .. • • - • • • • • • • F rJl'.M OR!. 401 (REV . 1 /18 ) STATE OF COLORADO • DEPARTMENT OF REVENUE . ~-----------------"°"-----1 E •EWA L APPUCATIH FOi 12'1. DO N OT WA ITE t N TH'5 5'"ACE FE•HTED MALT IEVatA5E LICE•IH LIQUOR ENFORCEMENT OFFICER 'S ACTION ~~;:~··· 0 ... l oo0"t1• <f" •l.Ow•"IL O •1. .. 0 "I OCOLO•&.DO ....... --.:.., f'• "llV(hVl SH•?((;.A.•1T OL ...... r• •>~ ... ( ....... , O U •Vf• COt.O !&ET APl'IOVAL Df LOCAL LICHll•& AUTIIOlln FllSn SUU114.AND L.Ut-.P [)l!>T l .;31 ~O )tf1 VK DI ST Stiff, Elt:V f-, !>T KE 'llJ 1831 EL! I 780 'J 111 M IS .I SSI P PI l 41< c•uOU c . 21-08292-01 ~ 80226 APPROVED IMPORTANT SEE INSTRUCTIONS ON THE R EV ERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . AENEWAL ... l' .. LJCATIOH FOll't 3 .2"t ... E~N'T EO M-.LT et:VE~GE LICENSE FOR TME LICENSING l'EAI OD END I NG~ TOTAL FEE(S) r---vsEA,;~~~OR----uxtTtlTVTfijtO-AIBTI , · !---------+----------' .v 6 S4.ll CJ'>.!.:>bl SS No. 1 ---------_SS No. 2 °FEIN --------~--- 1 CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL A ... LICATION EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE . NEW TPADE NAME SIGNATURE -------------- 2705 S c:Coll!Y _____ Meili"l-tl•GLE11H .. LC llJ (I F THERE 16 A CHANG E IN OWNERSHIP. °i NOT USE THIS FORM . USE AN ORIGINAL APl'LICATION .I District MANAGER'S NAME -7 ti~ .t:2::..')v--_________ _ IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE ~-T-Y_P_E-~------NAME AND DESCRIPTION OF L IC-EN_S _E ------------~ -~---------- Do you haw '-911 1 pQ9Mtlion of the premises for which this IJPPhcetion for licenle i1 "'8de1 ___ _......_ _______________ _ Are the premises owned or r9nted7 Owned If rented , effective a expiration d9t• of.._. ----------------- la epph e1r.1 fs! er a ~I .:::Hic:.dsl cf!. ... _. :orpo•!:11on , c it izen(s\ N perrne,,.nt r"tdent(sl of d'w! United Si.tes of Americe and Cokwedo1 .. Y.,E$...._ __ Is the mpp l teant , or env of rhe pertnen, or •nv of the off1cen. nockhokierl or dtrecton of uM:f ~~t (If it ts a corpe>rmtionl . or em p loyees of any such, undet the age of tvwenty-<tne years ? ________________ Ves X No ___ _ Has the applle1nt, or 1nv of the panners, or any of the officers, stockhokHrs or directors of u id 11PPlicant (If it is• Corpor8tionl ewr .,_,..con- 111cted of 1 crime 1n the St11e of Colorado o r elsewhere 7 ....___ ---'la --.&.-----No __..,x.___ __ If 10. state full detllils -------------------------------------------- Has the applicant, or any of the partners. o r any officer. d irector or 1tockholder of s.a1d apphCllt't (If 1t is 1 corporation I ewt" (a l t>een deno ed. hconso under th•• hquor lawl ODly whea need ef eeigttborhood--&*-v .. __ ... x..._ ____ No ---- (b l hed an a lcoholic bowraga hcen"' suspended or revoked? _for mi11c atatutoz:y uielatioYfl --..&.-----No ---- If the •nswer is ye ~. e•plain fully (1nach 1ieoar1te sheet , 1f needed) Does 1ny brewe r 1 or wholn.ler h1v1 a f 1n1nc11I interest , evidenced either by loans or equ it y ownership in the tMa.,.. few.....,. thil lic::eft9 ii requested? If the 1n~r rs yes. state n1mes and addrenes and emount of such f1nenciel interett expretlec:I either tn doll.,. ar Olhtf it9lftl of ....... such 11 inventory. furn i ture, f••tures and equipment v.. No _ _.J._ __ List the n1mes end 1ddreues of 1 11 businetsu~ch any Of the persons 1n the previous qwttion are 1nte....uid . Name 8ut1nn1 w .. •ff Federal Empioyen ldent1ftCM1on Number (FEIN I 11 p re .printed 1n the llbove s.prKe . p6eeM check your records to .. 1f you hew the ume number If you haw 1 d 1 ff~ent number, correct the one 1bove 50 th1t 1t corresponds wrth your rtcOf'dl. If no number..._,.'" me mow ICIKe . pleose foll'" With '"" FEIN you have on VOUI roconfs *deairea of inhabitant• d-d already -t • • I • - • • • • • • IF THE APPLICANT IS A COR"ORATION ,a.-• (•I . (b l, (d, ldl. lol, and Ill ·•) Qr gan1n d u n d er t he l•-.-v of ~ S1a~ of ______ tcaa_ ___________ . D•t• ---~~er~J-.._!?61 ·bl P q nc1pi1I busioen '" conduc · J 111 _ ----DallU -------· Count¥ o f __ Jlal.laa__4-St•te o1 _..Iezu _..:.. __ _ id D••e of f1t 1nv l•st an11ual c o1 ~·one f 8port to t h• Secret•rv oi State ------~..25.r-l9J9..--- Name Home Addren C 1tv Date ot B irth Month, Oa1i . Vea1 l·J ?•e "41·1 en". Jere W. 'Dlowpon ... ,, ,.. I S Hardin SeC.l •<>as•ue1 B G S-1th 4217 Arwtron.1 Pby. 5310 Ianbarlr. 1204 Qieymme Pl. Da1laa, Iexaa 1/18/32 Dallu, Tev• 10/11/15 licb.ardllon. Tex. 3/3/23 • Sec.Pf':<;ry --------- '\~a·'aCJf"• Bon Velenttne _7805 W. Misaiaaipp1 1akevoo4 ...... ~eo ..... L·~---2L/.2L/~5~4~~~~~ u1REcToqs · CL t c.11 Ouectors l at lean 3 are 1eq u irod bv Lawl NA'\llE HOME ST RE ET NO & CITY DATE OF BIRTH -See Attacb•d Ifat - ii I 1s .,11 stoci-t-olden owning or con1 11!1 n g an y of the c.ap 1u11 stock of the co1porat1on I Inc lude a c tual OWMf or pledgee I Use separate s t>,.. 1 1f neeOed.) Nti.ME -'&.de & Co· HOF· E STREE T N O & C !T V --1..Q.. Box 20. Bowling ....station. N.Y •• N.Y. Green PE R CENT O F DATE STOCK O W NED O F BIRTH 20.67% N/A (The toltowing ttff1r'f•"'' 10 1 "'Rne-d and .t<k no.-..IPdQed·by 1nd 1v1dualt; arwi eacl1 m e mber o f P•r t n.,.•h i os and by CorooraTtOn) STATE OF '-.)LOHAOO . r n 1r•y o f -----Du!-11&JYu•o..rL..._. D. J. Porter -------be1n9 o y me f lfn duly sworn, 1f tor h imself , depota and wvs . th•t he'' the •pl)hcant of tt1e above naotned c;:uroo1a11on , that he hus HH1d !he t or9901n9 application aod that he knows " c.rn ~nu t er .. ot , •nd that •II ma ~·s dnd th i ng§ theie1n set tonh are true o 1 his own knowledge and he egr .. s to c onform t o all rules and •t: '-' t'•""" u1omutga1ed t-y the State De t1H1.t!nt of Fhw enue 1n connec11on thltfe~'Y1th Suht.(.Hbed 01nd l•'\.O'n to h< ·o•f." 11 e l n<J nftduah: ;;rnd a ll mcmbe1s o f p a r tnftl"Sh 1p must •'90 he•e OffiCl!r of Corpo<1tion !CORPO RATE S E A L ! 519" here : I EPOAT AND APl'ROVAL OF LOCAL LICENSING AUTHORITY (M•nu t.-c tu •e+ Who l e~le 1 s , l '""'porters ano P L1Dl1C Tr ans1lo1·u11 1on $..,stem d ut.-garU th tt. se c toonl Tt--e tofegou.g .. pot.c•t•on "•" n een -.•rT'ined o.no 1h e 1>r@n11ses , bos1n~ cond\.lcted 1tnd charilc..te1 of tne apptic.ant 1~ 111t1sf actOl"Y ~,11J ,. lo rwvo1 t 1•1at such ''-~ ,; ' 9· •nt~ N,11 ll'ltH!'1 the. reaw neble r&Qu 1~~nts. of 1he ne1ghuorhood a no t he <:1U1f"e• of the 1n n .. c.. i..ri1• iin.J c..011 •P•*' .,...,u, 1n. .. o ..... on o• A•1ic.._"«i Tt'"-t 2-C fllt"Jt •973, ~ ')Al tOA, ____ lHtS _________ OAVOF _________ ,AO 19 _____ _ ~-VE O F TOW~ CITVOACOU NTY I~ ------------------------------------- ~Ml OA 0 111 C HAIRMAN O F 80Afll0 OF COUNTY COMMISSIONF AS OR OTHl:.R TIT LE OF LICE"llSINO AUTHQlll lT V I A1' 51 ICl 10· Ofll ECRFTARV OR OTHEfll: OFFICER HAVING 1 HE OFFICI A L SEAL OF lHl LIC k NSINC A UT t<IO fHl Y 1 ,, ,,.. .. p•Pf'l•V'l are IO'-ilt.-1 r/lt11n.n a 10... o• t. , ot 1h .. auo .... appl"oval 1hould be s19nltd by the mayor an<J cl r6'.. if 111 a countv . t h en b y the cha1rfl" -tn of "'" ,,08,d of tounty comm1s.•one1t • ·~•tie d et" 10 thtt ooa1 d If, by Ofdi~n c• or 01herw 1w, the toe.al l+cens1ng authority 1• M>in e othe' off1c1•I. "t!'' oi,;..ic.h af')J)IOY81 •l'IOuld t>•9'"•" Dy"'"' o1f·c~l t ~~~~~~~~~~~~~~~~~~~~~~~~ NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON T•E. IT IS IMPORTAKT THAT THIS DOCUMEIT. WITH YOUR STATE FEE REMITTANCE , BE Al THE COLORADO DEPARTMENT OF REVENUE. STATE CAPITOL AMEX IUILOllG, 1375 SHERMAN STREET , OENHR , NO LATER THAii THIRTY Clll DAYS PRIOR TD THE EXPHIATIOll DATE Of YOUR LICENSE . THIS DOCUMENT MUST IE Ill THE HAIDS Of THE LOCAL LICENSlllG AUTHORITY AT LEAST FORTY -FIVE (451 DAYS PRIOR TO THE EXPIRATION OF THE LICElllE . • I • • • • ( TiiZ SOL.;7 t: .... -.. u CC"-i'u:lAT:ON Gf f icers a nd ~~=c ct o ·s ~oh n ?ni~? ~:~a~?S O n ~l ~-5 2 7 -~C ~O L :2 8 -7 11 2 J ~=e ~~l ~i~~ Th~mpson !~~-'°l ?R -~:2 ; [ .. q2'l -7 7 1 2 ~z l to ~ C r~y s on , I ll !ll--<q -~5 ;5 •, ~2S -72G i. Jo~2?~ ScGuy e r Ha :a1n ·1 ~-G ~ -01 2~ ~ a 29-12 10 Joe C. 7hom p s o n , J r . 'l~-5 2-o 'GO ' 6 29 -7 291 T!TI E Che~=m a'r. of the 3 oard .S. Chief E z~c . Gf ficcr & ~ir~c:or Presicent and Director E>;ec. Vice President and Di r e c t o r Executive Vice President & Dir~ctor Vice ?•esident & Director Vice President l~cK<:nd:::'.ee ':' .. or:-.as Coc hr an, Jr. Vice President ·:--360 -c 2 • 28 -74 2 5 S. ;I.. ::Jo:e 't,-};,9 -7 t,7 5 23 -7 3'.:5 ·:~c•j·•n t:c~Cy :~-c24 -3~72 • e 2a -12~1 C l ~r ~ J . Xa c :nc vs, I I ~l ~-369 -9 3 2 ( & a2S -7 251 Wi lfo r d ~c~~·t Ru ?pen ~~~? !l ~-3 &3 -9 S2 6 & e ~a -12~1 k . G. Sm i th (t ni c 1 a l only ) :J (-23 5 -2~85 & 8 28 -7 3G O ::u t,cnc PenCe r ,7:-~ l ~~2 ;5 \~~7 At w :~1 -1 cj ): ~-~:>~-~5'!.9 [, 277 -55 28 J~n ~t h a n Yo ung 5a l lard 1 :7 -7 3 7 -4 8 ~ • 33 2 -32 16 :~.;::-k :... L ~~-non , M. O. !l '-;s n -0 90 0 & o L7-253o A l ~~ C l ~:to n Scnoellkopt ~:..;-0 5 1 -6 0 0 0 Cl ifford Ward Wheeler •1 ~-p5-tee1 • Vice ?resiczr.t Vice ?resi.ccnt Vice President -General Counsel & Asst. Secretary \lice President '!ice President Secretary-Treasurer Concroller Di re cL o r Director Director Oirec tor Director • )J2) :1i r .1m .1r ua:~~5 7 e ~a~ 7 5 ~0 5 42 17 Armstrong Pa r kway n a ~la s 7cxa s 75 20 5 1052 5 Str a it Lane DJ l i.a s. 7cxa s 75 22 9 5'.i i u "l'an~ark n~l aJ, Texas 75229 4) 1 i'heims Dalla s Te x a s 752 0 5 10S8 7 Crooked Cre e k Dr. ~~:~~s . T e xas 7 5 29 6440 Nort h port Drive ~ni ;n s Tcxa~ 752 30 l Cl ~ Dar i a Dr . Dn ::a • Texa s 75 2?9 4 55) Cathed ral Dr . Dai i.as, TcY.ao 75214 7005 Stefani Dn ll as, TCY.DS 75225 63 J 6 Ches l ey La~c Dn l l a s Tc xn s 752 14 6 70 3 Do .inc Ave. Snr 1 ngf i cl d , Va . 2 2152 12 04 Cheye nne Pl ~ce Ric h Rr ds on Te xas 7508 0 30 3 Stone b ri dg e Dr . Ri rh n r d~on, Tc Y.n s 750 80 JlJo ~'. F r c s a Sn n An ton i o ':'ex. 79205 1215 Hillcrest F=. Wnrth . Texas 76 107 3434 Swiss Ave.,Suite 203 D3l ia s l Texas 75204 4e12 ii ut1view rl ~va. Dallas, Texas 75209 P. 0. Rox 1610 A:hens, Texas 75751 0 DATE AN D PU CE OF ;~TRT'l Nov~m:,cr 2, !.92.5 D'31 las "fcxas January 18, 1932 Dallas. 7e:<as August 18, 1928 Sh reveport, La. Octoocr J.l, Fi15 r:ev Al bany, Ind. August 16, 1940 Dallas Texas Se p t ~m ber 11, 1940 Cmt a r t o, Ca l if. May 24, 1918 Al tus Ok laho ma August 24, 1937 Eci :io r i a K;insas July 7 I 1920 Weatherfo rd Texas October l, 193 6 Arkansas City, Kan. November 9 •. 1919 Garw i n I oYa May 19, 1918 Sn vder, Oicl nhoma ~:arch 3, 1923 !\o nham TeY.as February 5, 19 31 !-1.l"nt r,r.me r ,1, La . i>ccer.i ner Jl , 19J2 Da ll:i s 'ie x;i s Harch 7, 1901 Cleburne Tex11s January 3, 1924 Dall~s, Texas • ~:ay 2, 1914 Cole~n City, TeY.as r l s 7' S .S . Mi~: 455-20-0 : 462-42-21 4)6-44-9 ; JoS-42-'.l: 467-58-4 ~ 559-50 -1: 445-07-0 l 5J0-20-2i 465-14-21 456-50-5: 482-l8-5c 525-05-9 : 451-28-62 433-38-15 451-05-0c 462-.. 2-33 4.>7-lb-04 450-07-37 • - ( • • • RCPOR'I' DATE 03-28-80 TYPE OF REPORT License Renewal • • • ENGLEWOOD POLit:n DEPARTMENT REPORT OP INVESTIGATION Captain Ronald Frazier NATUJU: OF E 80-4535 AlffiA __ _ Englewood s Renewal Re rt For The Period 05-01-79 Thru Date of Report DATI:: 03-28-80 SOURCE: Investigator on McLennan DcTAILS: SUBJECT: 7-11 Store 2705 So. Broadway SYNOPSIS: This establishment is applying for renewal of its license to do business in the City of Englewood as a liquor outlet. The period of this report encompasses May 1, 1979 thru the date of this report and represents calls by/to the Englewood Police Departaent. REQUESTS FOR POLICE ASSISTANCE OFFICER INITIATED REPORTS VIOLATIONS OF LICENSE ct~~Jr CO~ER INVESTIGATION BUREAU ENGLEWOOD POLICE DEPARTMENT 12 0 0 I • - • • • ORDINANCE NO. 4 SERIES OF 19Scr--- • • • BY AUTHORITY 1 A COUNCIL BILL NO. 5 INTRODUCED BY FITZPATRICK AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS ORDINANCE NO. 33, SERIES OF 1967, GRANTING TO MOUNTAIN STATES VIDEO, INC., A COLORADO CORPORATION, A NONEXCLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, SOME- TIMES KNOWN AS CABLE TELEVISION SYSTEM, AND PROVIDING CONDITIONS AND REGULATIONS RELATING THERETO. WHEREAS, Mountain States Video, Inc., a Colorado corporation, has made application to the City Council of the City of Englewood for the issuance to it of a nonexclusive, revocable permit and license to install, operate and maintain within the boundaries of the City of Englewood a cable television system, as hereinafter defined: and WHEREAS, the City Council, after due investigation and con- sideration, has determined that the installation, operation and maintenance of such a system would serve a public interest and that Mountain States Video, Inc., a Colorado corporation, is capable, pursuant to the provisions hereof, competent and willing to install, operate and maintain the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Short Title. This Ordinance shall be known and may be cited a• the 1 Mountain States Video Community Antenna Television Authority•. Section 2. Definitions. For the purposes of this Ordinance, the fol~.owing terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, word• used in the present tense include the future, words in the plural number include the singular number, and words in the einqular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City• is the City of Englewood, Colorado. (2) •counc i l• is the City Council of Englewood, Colorado. (3) •cable Communication System", "Cable System", "CATV" or "System• ehall mean a system of coaxial cable or other electrical • I • - • • • • • • conducto;.s and equipment used or to be used to originate or recei ve television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distribu- tion of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical impulses, whether or not directed or originat- ing signals or receiving signals off the air. (4) •Person• is any person, firm, partnership, association, corporation, c0111pany or organization of any kind. (5) •Grantee• shall mean and include Mountain States Video, all persons having any rights, powers, privileges, duties, liabili- ties or obligations under this ordinance, and also all persons hav- ing or claiming any title or interest in or to the system, whether by reason of the permit itself or any subcontract, transfer, assign- ment, 1110rtgage, pledge, hypothecation, security agreement, management agreement or operating agreement, or otherwise arising or created. (6) •perait• when used in this ordinance shall mean the Revocable Permit granted by this Ordinance and pursuant to the Ordinances of the City of Englewood and the Charter of the City of Englewood; and subject to all limitations and restrictions contained therein. (7) •Access Channels• shall mean those channels which, by the terms of this Ordinance, are required to kept available by the Grantee for partial or total dedication to public access, educational access, or local government access. (8) •Public Agency• shall mean an agency which is supported wholly, or substantially, by public funds. (9) "Subscriber" shall mean a person or organization whose premises are physically wired to receive any transmission from the System. (10) •subscriber Service Drop" shall mean such extension wir- ing from the Grantee's distribution lines to a subscriber's building. (11) •user• denotes a person utilizing a System channel as a producer, for the purposes of production and/or transmission of material, or as a subscriber, for purposes of receipt of material. S ec tion 3. Grant of Nonexclusive Revocable Permit. (a) There is hereby granted by the City to Grantee a Revocable Permit for the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the easement s , streets, alleys, public ways and public places now laid out or dedi- cated, and all extensions thereof, and additions thereto, in the City, wires, cables, underground conduits, manholes, and other tele- vision conductors and fixtures necessary for the maintenance and operation in the City of a CATV system for the interception, origina- tion, sal e and distribution of television, radio and other communi- cations signals which shall be nonexclusive and revocable in accord - ance with the Charter and Ordinances of the City, and shall be for a -2- • I • - • • • • • • period of fifteen (15) years from the effective date of this Ordinance . The within Ordinance shall be reviewed after each five-(5) year period. (b) The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive , and the City reserves the right to grant a similar use or any otber use of said streets, alleys, easements, public ways and places, to any person at any time. (c) Any permit granted hereunder shall be subject to the right of the City: (i) to repeal the same for misuse, nonuse, or the fail- ure to comply with the provisions of this Ordinance, or any other local, state or federal laws, or Federal Communications Commission rules or regulations in force on the effecitve date of this Ordinance; (ii) to require proper and adequate extension of service to all resident• of the City living in areas with a density of seventy-five (75) "potential" subscribers per technical mile or greater. (Technical mile is defined as one aerial or two underground miles.) Construction on the CATV system shall commence within ninety (90) days from the effective date of this permit. The grantee shall commence and pursue a construction timetable which will make avail- able and provide CATV service to 75\ of the potential subscribers within one year from the effective date of this permit. Thereafter, the grantee shall continue to make orderly extension of service with all due and reasonable diligence to other areas of the City. In any event, Grantee shall complete within three (3) years the necessary construction to make service available to all potential subscribers. Grantee shall not be obligated to make service available to those areas of the City that have less than 75 potential subscribers per cable mile as measured from the end of the nearest cable. Under- ground development will proceed with all due speed and reasonable diligence. Grantee shall diligently pursue construction of the CATV system, but if by reason of force majeure it is unable, in whole or in part, to carry out its obligations under this Ordinance, it shall not be deemed in default during the continuation of such inability to perform. The term "force majeure" shall mean, without limitation, the following: acts of God, strikes, lockouts or other industrial disturba11ces, acts of public enemies, orders of any government of the United States or of the State of Colorado, or of any of their departments, commi s sions, agencies, or officials, failure of vendors to supply equipment on a timely basis, weather, and any other cause or event not reason ably within the control of Grantee. -3- • I • - • • • • • • (iii) to establish reasonable standards of service and quality of products and to prevent unjust discrimination in service or rates; (iv) to require continuous and uninterrupted service to the public in accordance with the terms of the permit throughout the entire period thereof. (v) to impose such other regulations as may be deter- mined by the Council to be conducive to the safety, welfare and accolllllOdation of th e public. (d) The City reserves the right to revoke this permit at any time Grantee breaches any of the terms hereof upon the giving of ninety (90) days' written notice thereof to the Grantee, provided, however, that before this permit may be terminated and cancelled, Grantee Must be provided with an opportunity to be heard before City Council. Section 4. licable Laws and Ordinances. The Grantee shal , at a tl.llles ur ng the 1 e o t 1s permit, be subject to all lawful exercise of the police power by the City and to such reasonable regulations as the City, State, or Federal laws shall hereafter provide, or Federal Communications Conunision rules and regulations. Should the F.C.C. modify the provisions of their rules and regulations relating to federal-local regulatory relation- ships, the City shall then amend this Ordinance within six months of the effective date of the modification, to be in conformance with said modification. Section 5. Territorial Area Involved. This permit relates to the present territorial limits of the City and to any area hence- forth added thereto during the term of this permit (ordinarily co-extensive with the city limits of the City of Englewood). Section i. Liability and Indemnification. (a) The Grantee shall pay and by its acceptance of this permit Grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result of granting this permit. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements, unauthorized taking, royalty payments, and all other damages arising out of the installation, operation, or maintenance of the CATV systeJn authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this permit. (b) The Grantee shall pay and,by its acceptance of this permit, specifically agrees that it will pay all expenses incurred by the City in de f ending itself with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-o f-pocket expenses, such as attorney fees, and shall also in~lude the reasonable value of any services rendered by the City Attorney or his assistants or any employees of the City. -4- ---- I • - • • • • • ,. • (c) The Grantee shall maintain and, by its acceptance of this permit, specifically agrees that it will maintain, commencing at the time F.C.C. approval is obtained and thereafter, throughout the term of this permit, liability insurance insuring the City and the Grantee with regard to all damages mentioned in subparagraph (a) above in the minimum amounts of: (ll Five Hundred Thousand Dollars ($500,000) for bodily injury or death to any person, within the limit, however, of One Million Dollars ($1,000,000) for bodily injury or death resulting from any one accident. (2) Five Hundred Thousand Dollars ($500,000) for property damage resulting from any one accident. (3) Two Hundred Fifty Thousand Dollars ($250,000) for all other types of liability. (d) The Grantee shall maintain and, by its acceptance of this permit, specifically agrees that it will maintain, commencing at the date upon which this permit is granted and throughout the term of this perWlit, a faithful performance bond running to the City in the penal sUll of Fifty Thousand Dollars ($50, 000) conditioned that the Grantee shall well and truly observe, fulfill, and perform each term and condition of this permit and that in case of any breach of condition of the bond, or this permit, the amount thereof shall be recoverable from the principal and sureties thereof by the City for all damages proximately resulting from the fialure of Grantee to well and faithfully observe and perform any provisions of this permit. Grantee will maintain a Two Hundred Fifty Thousand Dollar ($250,000) faithful performance bond until such time that construc- tion coaaences. Upon commencement of construction, the faithful performance bond will be reduced to One Hundred Thousand Dollars ($100,000) and further reduced to Fifty Thousand Dollars ($50,000) at the completion of providing cable to 80% of the current 1979 housecount. (e) The insurance policy and bond obtained by Grantee in compliance with this section must be approved by the City Council and such insurance policy and bond, along with written evidence of payment of required premiums which shall promptly be paid by Grantee as they come due, shall be filed and maintained with the City Clerk during the term of this permit . Section 7. Pay TV. The Grantee is permitted to deliver television signals, directly or indirectly, from any pay-television source as sanctioned and approved by FCC rules and regulations. Section 8. Color TV. The facilities used by the Grantee shall be capable of distributing color TV signals, and when the signals the Grantee distributes are received in color, they shall be distributed in color where technically feasible. Section 9. Si~na l Qualitt Requirements. Grantee shall be in accordance wit the speci ications and requirements promulgated by the FCC: -5- • I • - • • • • • (1) Produce a picture, whether in black and white or color, that is undistorted, free from ghost images, and accompanied with proper sound on typical standard production TV sets in good repair, and as good as the state of the art allows; (2) Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross- modulation in the cables or interfering with other electrical or electronic systems; (3) Limit failures to a minimum by locating and correcting malfunctions promptly but, in no event, longer than seven (7) days after notice; (4) Demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered and meets all relevant specifications of FCC and other applicable federal, state and local regulations. Section 10. Operation and Maintenance of System. (a) Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. (b) Grantee shall maintain an office within the City limits, or within a two-(2) mile radius thereof, which shall be open dur- ing all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time. (c) Grantee shall comply with any other agreements with the City for the maintenance of buildings within the City. Section 11. Carriage of Signals. All FCC regulations shall be complied with regarding the carriage of the programming of any existing or future television broadcasting station which covers the City in its principal broadcasting area. Grantee's distribu- tion system shall be capable of carrying at least Thirty-five (35) channels on trunk cable construction and have two-way communication capacity. State of the Art. The Grantee shall upgrade its faci lities, equipment and service so that its system is as advanced as the current state of product i on technology will allow. The Grantee shall install additional channel capacity as required to keep channel capa city in excess of the demand therefor by users. At all times, each cable system shall be no less advanced than any other system of comparable size, excepting only systems which are e xperimental, pilot or demonstration. The City may order a grantee to comply with th is section in case of specific violations which it may inve stigate u pon complaint or on its own motion. -6- • I • - 0 • • • • • Use of Channels. (a) A minimum of three (3) of Grantee's channels shall be dedicated as access channels. If there is not an initial demand for full utilization of Public Access channels, Grantee may combin e Public Access proqranuning on one or more channels and/or p r ovide for the joint use of these channels with other communities in the south Denver suburban area. If such a joint use arrangement is undertaken, the City Council reserves the right to desig nate a period of time during the week for which Englewood will be given a priority use of cablecast time. At such time that the City Council determines there is sufficient need, the City Council may request and Grantee shall provide, one Public Access channel for the exclusive use of organizations and citizens in the Ci ty of Englewood. (b) Grantee shall provide one (1) access studio at the location of its main office which shall be equipped to cable- cast or video tape programs simultaneously for use in producing programs for access channels and shall include cameras, slide and film chain, portable cameras and recorders, and other appropriate equipment. In addition, Grantee shall make available to the City portable equipment for its sole use . Cost of maintenance of the studio and equipment in the main color studio shall be borne by Grantee. (c) Grantee is encouraged to employ a program and production director to promote public use of the access channels and to advise such public users. Grantee shall provide necessary training of City personnel for operation of portable equipment. Interconnection•. The Grantee may and shall, at the requeat of the City, Interconnect by microwave or cable, its cable system with all other contiguous cable systems. The Grantee may interconnect with any other system or service , at such time as interconnect ia practical and viable. S ec t i on 12. (a) Program Alteration. All programs of broadcasting stat i on s c arr i ed by the Gra n tee shall be carried in their entirety as receive d with announcements and advertisements and without additions, dele- t i ons or alterations. EXCEPTION: The foregoing restriction on pro- gra111111ing alterations shall not be applicable in any national or l ocal emergency . (b) Parental Control Device. A device, parent guidance key, shall be made ava i lable to residents at a cost of materials plus handling charges which would enable a subscriber to voluntarily lock out program11ing o n a p ay channe l. -7- I • • • - • • • • • Section 13. Service to Schools and City. (a) The Grantee shall provide one service outlet to public and parochial school locations within the City for educational purposes upon request by the City and at no cost to it or to the school system. Thereafter, each additional service outlet shall be installed at cost of time and materials only. The Grantee may, at its election, provide similar service outlets to private schools. (b) The Grantee shall provide to the City, at no cost to the City, one separate channel for the programming by the City of public information, said channel to have the ability to accept transmissions from the City Hall, City Hall Annex or the Public Library within the City. Section 14. Emergency Use of Facilities. In the case of any City, State, Local or National emergency or disaster, the Grantee shall, upon request of the City Council, its bona fide representative, or Ci ty official, make available its facilities to the City for emer- gency use during the ... rgency or disaster period. Section 15. Other Business Activities. (a) The Grantee hereunder shall not engage in.the busin~ss of selling, repairing, or installing television receiver~, radi~ receivers or accessories for such receivers within the City during the term of this permit. (b) Thia permit authorizes only the operation of a CATV system as provided for herein and does not take the place of any other certificate, license, or permit which might be required by law of the Grantee. Section 16. Safety Requirements. (a) The Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted industry methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) The Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the Ordinances, Code and Regulations of the City of Englewood, and in such manner that they will not interfere with any installations of the City or of a public utility serving the City. (c) All structures and all lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located, shall at all ti&ea be kept and maintained in a safe, suitable, substantial condition, and in good order and repair. -8- • I I • - • • • • • (d) The Grantee shall maintain a force of one or more resident agents or employees at all ti.mes and shall have sufficient employees to provlde safe, adequate, and prompt service for its facilities. Section 17. New Developments. It shall be the policy of the City liberally to aaend this permit, upon application of the Grantee or on City'• own initiative, when necessary to enable the Grantee to take advanta9e of any developments in the field of transmission of television and radio ai9nals which will afford it an opportunity more effectively, efficiently, or economically to serve its cus- tomers. Provided, however, that this section shall not be con- strued to require the City to make any amendment or to prohibit it from unilaterally changing its policy stated herein. Section 18. Conditions on Street Occupancy. (a) All transmissions and distribution structures, lines, and equipment erected by the Grantee within the City shall be so located aa to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, alleys or other public ways and places. (b) In case of disturbance of any street, sidewalk, alley, public way, grassed or paved area, or any other public or private property, the Grantee shall, at its own cost and expense and in a manner approved by the Director of Public Works in the City, replace and restore such street, sidewalk, alley, public way, grassed or paved area, or any other public or private property in as good a condition as before the work involving such disturbance was done. (c) If at any time during the period of this permit the City shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at ita own expense. (d) Any fixtures placed in any public way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way. (e) The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of s11ch temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than forty-eight (48) hours' advance notice to arrange for such temporary wire changes. -9- I I - • • • • • (f) The Grantee shall have the authority to trim trees upon and overi1anging the streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coainq in contact with the wires and cables of the Grantee, except that at the option of the City, such trimming may be done by it under its supervision and direction at the expense of Grantee. (9) All cables, wires or other like facilities shall be placed overhead where there are existing overhead facilities. At such tiae as other like facilities are required by law or ordinance of the City to go underground, or already exist underground, the Grantee shall also be required to place its facilities underground. The Grantee shall be encouraged to enter into bilateral or trilateral undergrounding agreements with other utilities. Section 19. Preferential or Discriminatory Practices Prohibited. The Grantee shall not, as to rate, charges, service, service facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage. Section 20. Removal of Facilities upon Request. Upon termination of servic:e to any subscriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. Section 21. Transfer of Permit. The Grantee shall not transfer this permit to another person without prior approval of the City Council by Resolution. Section 22. Transactions Affectin of Facilities. The Grantee illall at a t mes t e u an complete owner of all facilities and property, real and personal, of the CATV business, provided, however, Grantee may lease personal property necessary for the operation of its business and real property and it may grant security interests in the CATV system to persons providing financing to Grantee. Section 23. Chan~e of Control of Grantee. Prior approval of the City Council shal be required where ownership or control of more than thirty percent (30\) of the right of control of Grantee is acquired by a person or group of persons acting in concert, none of whom already own or control thirty percent (30\) or more of such right of control, singularly or collectively. By its accept- ance of this permit, the Grantee specifically grants and agrees that any such acquisition occurring without prior approval of the City Council shall constitute a violation of this permit by the Grantee. Dissolution of Grantee and distributions of its assets to its partners, mergers of Grantee's partners with companies already affiliated with Grantee and transfers to partnerships of which Grantee, or an affiliate of Grantee, is the controlling general partner do not require approval. -10- • • I • - • • • • • Section 24. Filing• and Coimnunications with Regulatory Agencies. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange C0111111ission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this permit shall also be submitted simultaneously to the City Council. Section 25. City Rights in Permit. (a) The right is hereby reserved to the City or the City Council to adopt, in addition to the provisions contained herein, and in existing applicable ordinances, such additional regulations as it •hall find nece••ary in the exercise of the police power; provided that •uch regulation•, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. (b) The City shall have the right to inspect the books, records, maps, plans, income tax returns, and other like materials of the Grantee at any time during normal business hours. (c) The City shall have the right, during the life of this permit, to install and maintain free of charge upon the poles of the Grantee any wire and pole fixtures necessary for a police alarm system, o n the condition that such wire and pole fixtures do not interfere with the CATV operations of the Grantee. (d) The City shall have the right to supervise all construction or installation work performed subject to the provisions of this permit and make such inspections as it shall find necessary to in- sure ce11pliance with the terms of this permit and other pertinent provision• of law. (e) Upon termination or cancellation of this permit, as pro- vided for herein, the City shall have the right to require the Grantee to re.ove at its own expense all portions of the CATV sys- tem from all public ways within the City. (f) The City may grant any number of permits for a CATV system wi thin the City without prejudice to this permit and co- ex i stent with this permit, and without notification to Grantee. section 26. Mapa, Plata and Reports. (a) The Grantee shall file with the City Clerk true and a c curate maps or plats of all existing and proposed installations . -11-I • - • • • • • (b) The Grantee shall file annually with the City Clerk, not later than ninety (90) days after the end of Grantee's fiscal year, a copy of its report to its stockholders (if it prepares such a report), an income statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be prepared or approved by a certified public account- ant, and there shall be submitted along with them such other reason- able information as the City Council shall request with respect to Grantee's properties and expenses related to its CATV operations within the City. (c) Grantee shall keep on file with the City Clerk a current list of its stockholders owning more than 10% of the company's stock. Section 27. Permit Fees. (a) Grantee shall pay to City annually 5% of its gross subscription services revenues taken in and received by it within the City of Englewood. Gross subscription revenues shall mean the amount charged by Grantee for the sale of its basic (cable only) monthly fees and pay cable fees, less charges paid for supplier programming within the City of Englewood. Grantee waives any right to contest the validity or legality of any of the fees imposed pursuant to this section of the Ordinance and that if such fees are ever held to be invalid or illegal, it will pay to the City a comparable fee in lieu there- of that is calculated in a manner determined to be valid. (b) Such fees shall be remitted to the City Director of Finance on a quarterly basis within sixty (60) days after the end of each calendar quarter. (c) No acceptance of any payment by the City shall be construed as release of or in satisfaction of any claim the City might have for further additional sums payable under the terms of this Ordinance or for any other performance or obligation of the company hereunder. In the event that any payment is not made when due, the comp any shall be subject to the penalty provided herein. (d) If Gra ntee fails or refuses to pay the tax imposed within the time pre scribed herein, a penalty of ten percent (10%) per quarter of the amount of tax due shall be assessed by the .city of Englewood a gainst such Grantee, and the said tax, together with the penalty assessment,shall be, and hereby is declared to be, a debt due and owin g from said Grantee to the City of Englewood and subject to collection by an action at law brought by the City of Englewood in any court of competent jurisdiction for the pur- pose of such collec tion. -12- • I • - 0 • • • • • (e) Fees paid by the company to the City under this section shall be considered in addition to and exclusive of any and all taxes, business license fees or other levies or assessments which arc now or which may hereafter be authorized by the laws of the United States, State of Colorado, or City. Section 28. Forfeiture of Certificate. (a) In addition to all other rights and powers pertaining to the City by virtue of this permit, or otherwise, the City reserves the right to terminate and cancel this permit and all rights and privileges of the Grantee hereunder in the event the Grantee: (1) Violates any provision of this permit or any rule, order, or determination of the City or City Council made pursuant to this permit, except where such violation, other than of Section 23 or subsection (2) below, is without fault or through excusable neglect; (2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; (3) Attempts to evade any of the provisions of this permit or practices any fraud or deceit upon the City; (4) Fails to begin construction under this permit within ninety (90) days after the occurrence of the latter of the following: (1) Federal Co11111unications Commission approval to import the distant television signals involved, and receipt of all other necessary per- mits, agreements, and authorizations; (2) receipt of approval of Grantee'• construction plans by City. (b) Such termination and cancellation shall be by ordinance duly adopted after ninety (90) days' notice to the Grantee and shall in no way affect any of the City'• rights under this permit or any provisions of law. In the event that such termination and cancella- tion depends upon a finding of fact, such finding of fact, as made by the City Council or its representative, shall be conclusive. Provided, however, that before this permit may be terminated and cancelled under this Section, the Grantee must be provided an oppor- tunity to be heard before the City Council. Section 29. City's Right of Intervention. The Grantee agrees not to oppose intervention by the City in any suit or proceeding to which the Grantee is a party. Section 30. Further Agreement and Waiver b~ Grantee. The Grantee further agrees to abide by all provisions o this permit and further agrees that it will not at any further time set up as against the City or the City Council the claim that the provisions of this per- mit are wireaaonable, arbitrary, or void. -13- • I • - 0 • • • • • Section 31. Duration and Acceptance of Certificate. (a: Thi• permit and the rights, privileges, and authority hereby 91:anted shall take effect and be in force from and after final pas•age hereof, •ubject to the right of Referendum, as pro- vided by law, and shall continue in force and effect until revoked, provided that within thirty (30) days after the date of the passage of this ordinance the Grantee shall file with the City Clerk its unconditional acceptance of this permit and promise to comply with and abide by all its provisions, terms, and conditions. Such acceptan~e and promise shall be in writing duly executed and sworn to, by or on behalf of the Grantee, before a Notary Public or other officer authorized by law to admini•ter oaths. (b) Should the Grantee fail to comply with subsection (a) above, it shall acquire no rights, privileges, or authority under this permit whatever. Section 32. Erection, Removal, and Common User of Poles. (a) No poles or other wire-holding structures shall be erected by the Grantee without prior approval of the City Council with regard to location, height, type and any other pertinent a•pect. However, no location of any pole or wire-holding structure of the Grantee shall be a vested interest and such poles or struc- ture• •hall be removed or modified by the Grantee at its own expen•e whenever the City Council determines that the public con- venience would be enhanced thereby. (b) Where poles or other wire-holding structures already exi•tinq for uae in •ervinq the City are available for use by the Grantee, but it does not make arrangements for such use, the City Council may require the Grantee to use such poles and structures if it determine• that the public convenience would be enhanced thereby and the tera• of the u•e available to the Grantee are just and rea•onable. (c) Where the City or a public utility serving the City desire• to make use of the poles or other wire-holding structures of the Grantee but agreement therefor with the Grantee cannot be reached, the City Council may require the Grantee to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if the Council deter- mines that the u•e would enhance the public convenience and would not unduly interfere with the Grantee's operations . -14- • I • - • • • • • • Section 33. Number of Channels. Grantee's cable distribution system shall be capable of carrying at least thirty-five (35) television channels. Grantee shall make portable video equipment available on a free rental basis to residents pursuant to the following terms and conditions: 1. Grantee may charge residents a reasonable deposit for the safe return of equipment. 2. The user shall be responsible to Grantee for any ~oss of or damage to said equipment. 3. Said equipment shall be available to residents on a "check-out" basis, and Grantee shall be given reasonable notice by a resident who wishes to use said equipment. 4. Residents may not use the equipment for longer than a reasonable period of time nor more frequently than is reasonable. 5. Grantee may deny use of said equipment by any resident who, in the judgment of Grantee, is not competent in the care or use of said equipment. Section 34. Rates. (a) Grantee shall establish rates and charges for Englewood subscribers that are not greater than those charged for like serv- ices to other subscribers of Grantee in the Denver metropolitan area. Grantee shall file a copy of all rates and charges with the City Clerk at the time of accepting this permit and shall file a copy of all amended rates and charges annually. (b) As a condition of this permit, the City reserves the right to conunence regulation and approval of Grantee's rates and charges after a reasonable notice to Grantee of the intent to do so and a hearing before the City Council. Section 35. Publication Costs. The Grantee shall assume the cost of publication of this permit and Ordinance as such publica- tion is required by law and such is payable upon Grantee's filing of acceptance of this permit . Section 36. Separability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent juris- diction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the valid- ity of the remaining portions hereof . -15- • I • • - • • • • • Section 37. Authority to Amend. The City reserves the right to amend this permit at any time by Ordinance upon giving thirty (30) days' notice to the Grantee of its intention to do so. Section 38. Acceptance of Grant. The acceptance of this grant of a permit shall be made by the Grantee in writing within the thirty-(30) day period immediately following the final passage of this Ordinance. Failure of the Grantee to accept the grant within the period provided for herein shall constitute a revocation of the permit. Section 39. Ordinances Retealed. All Ordinances or parts of Ordinances in conflict wit the provisions of this Ordinance are hereby repealed. This Ordinance repeals and reenacts with amend- ments Ordinance No. 33, Series of 1967, and this Ordinance, as so reenacted and amended shall hereafter supersede in all respects the prior Ordinance, and failure by Grantee, or its predecessors, to perform thereunder, are hereby waived, whether known or unknown, and regardless of any such matter this Ordinance shall be deemed in full force and effect as of the effective date hereof~ however, this waiver shall not constitute a waiver of any future violation by Grantee of any term of this Ordinance. Introduced, read in full and passed on first reading on the 24th day of March, 1980. Published as a ill for an Ordinance on the 26th day of March, 1980. Read by title and passed on final reading on the 7th day of April, 1980. Published in full as Ordinance No·~~~' Series of 1980, o n the day of April, 1980. Attest: Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci ty of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading on the 7th day of April, 1980, and publ~shed i n full as Ordinance No. , Series of 1980. Gary R. Higbee. -16- • • I • - I (t • • ({' • BY AUTHORITY ORDINANCE NO. SERIES OF 198~0~~~ • • • 1 B COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NEU. AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. Upon the conditions hereinafter set forth, there is hereby granted to the City and County of Denver a municipal corpora- tion of the State of Colorado, sometimes hereinafter referred to as "Denver", for the use of its Board of Water Commissioners, sometimes hereinafter referred to as the "Board", a permit to construct, operate and maintain an eight-(8) inch water main under and across ce rtain hereinafter described roads, streets and property in the City of Englewood, Colorado, sometimes hereinafter referred to as "Englewood", to wit: e Situate in the SE 1/4 of NW 1/4 of Section 33, Township 4 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, and along the center- line more particularly described as follows: BEGINNING at the center of said Section 33, thence N 89°50'00" W a distance of 396.74 feet: thence N 90°00'00" w a distance of 19.0 feet to the true point of beginning: thence N 89°50'00" W a parallel to the North line of west Dartmouth Avenue a distance of 282.0 feet to the point of terminus . Section 2. The foregoing right, permit and license is granted only upon the following express terms and conditions, to wit: a. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved and the least possible obstruction to travel in and along said streets or avenues. To this end, the Board shall, wherever possible, always leave open at least one-half of roads, streets or avenues adjacent to or crossing the excavations and construction work of the Board and shall take all pos- sible precautions to prevent accidents and injuries in connection with any of its work along the avenues and streets hereinabove mentioned. In no event, during the process of construction and laying of said • ') I • • • - , (t • • ll • • • • conduit, or the maintenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a con- tinuous period of more than four (4) days. During the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any pipe, materials or equipment used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. b. Should it become necessary for the Board, during the excava- tion for, or the installation or maintenance of, the said conduit to disconnect any house service lines from any lines presently in place in said streets or avenues, the Board shall cause the same to be done in such a manner as to cause the least possible delay and inconvenience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. c. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to this permit shall be subject to the inspection by a competent and qualified inspector who shall represent the City, and the Board agrees to comply with all reasonable requests thereof in the performance of said work. All such work shall be performed so as not to interfere with or damage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled; the upper 7 inches of fill shall consist of 4 inches of asphaltic base and 3 inches of asphaltic concrete surfacing, surfac- ing to apply where e xisting surfacing is disturbed. All of the afore- said work shall be free from settlement arising out of any excavation. There shall be properly designed concrete encasements required at each pipeline cross i ng of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations . The foregoing shall be subject to the approval of a representative of the Director of Public Works of the City of Englewood, Colorado. An y consequential damage to side streets, the sur face, or instal lations thereon, approaching the various intersec- tions with the r i ght -of-way hereinabove granted because of pipe and material storage and h e avy equipment movement, or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. d. Denver and t he Bo a rd, i ts seccessors and assigns, shall at all times save and k e e p harmless the City of Englewood and its City council and other off ice rs and employees from any and all damages -2- • () I • (t • • ( • • • • that may in any manner arise from the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. Section 3. Nothing herein shall be construed as granting to Denver or the Board any rights other than the permit herein expressly de- fined and set forth, nor shall anything in this Ordinance be construed as granting an exclusive privilege to Denver or the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood consistent, however, with the full exercise of the rights granted by this permit. Section 4. A copy of this Ordinance, signed by the Mayor and the City Clerk of the City of Englewood, Colorado, shall be sufficient evidence of the permit herein granted. The acceptance of this permit .by Resolution of the Board, a copy of which shall be duly certified to the Clerk of the City of Englewood, Colorado, and the commencement of the work hereunder shall be conclusive evidence of the acceptance by the Board of all the terms and conditions of this Ordinance, and the Board agrees to perform such terms and conditions. Section 5. It is expressly understood and agreed that the granting and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and County of Denver, Colorado, or its Board of Water Conunissioners, or the City of Englewood, Colorado, or any inhabitants thereof. Section 6. In the opinion of the City Council for the City of Englewood, Colorado, this Ordinance is necessary for the preservation of public property, health, peace or safety in that the City and County of Denver, Colorado, acting by and through its duly consti- tuted and appointed Board of Water Conunissioners, is urgently in need of the right-of-way herein granted for the construction of the water main herein set forth, and this Ordinance shall take effect upon publication following final passage • Introduced, read in full and passed on first reading on the 24th day of March, 1980. Published as a Bill for an Ordinance on the 26thday of March, 1980. Read by title and passed on final reading on the 7th day of April, 1980. -3- • I • - - ( • • • • • • Published by title as Ordinance No.~~~-' Series of 1980, on the day of April, 1980. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1980. Gary R. Higbee -4- • I • - ( 0 • ( • ORDINANCE NO. SERIES OF 198~0~~~ • • • BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NEAT· AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Upon the conditions hereinafter set forth, there is hereby granted to the City and County of Denver a municipal corpora- tion of the State of Colorado, sometimes hereinafter referred to as "Denver", for the use of its Board of Water Commissioners, sometimes hereinafter referred to as the "Board", a permit to construct, operate and maintain an eight-(8) inch water main under and across certain hereinafter described roads, streets and property in the City of Englewood, Colorado, sometimes hereinafter referred to as "Englewood", to wit: Situate in the SE 1/4 of NW 1/4 of Section 33, Township 4 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, and along the center- line more particularly described as follows: BEGINNING at the center of said Section 33, thence N 89°50'00" W a distance of 396.74 feet; thence N 90°00'00" W a distance of 19.0 feet to the true point of beginning; thence N 89°50'00" W a parallel to the North line of West Dartmouth Avenue a distance of 282.0 feet to the point of terminus. Se ct i on 2. The foregoing right, permit and license is granted only upon the follow i ng express terms and cond i tions, to wit: a. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved and the least possible obstruction to trav el in and along said streets or avenues. To this end, the Board sha l l , wherever possible, always leave open at least one-half of roads, streets or avenues adjacent to or crossing the excavations and construction work of the Board and shall take all pos- sible precautions to prevent accidents and injuries in connection with any of its work along the avenues and streets hereinabove mentioned . In no event, during the process of construction and laying of said • • I • - ( • • • • • • conduit, or the maintenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a con- tinuous period of more than four (4) days. During the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any pipe, materials or equipment used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. b. Should it become necessary for the Board, during the excava- tion for, or the installation or maintenance of, the said conduit to disconnect any house service lines from any lines presently in place in said streets or avenues, the Board shall cause the same to be done in such a manner as to cause the least possible delay and inconvenience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. c. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to this permit shall be subject to the inspection by a competent and qualified inspector who shall represent the City, and the Board agrees to comply with all reasonable requests thereof in the performance of said work. All such work shall be performed so as not to interfere with or damage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled; the upper 7 inches of fill shall consist of 4 inches of asphaltic base and 3 inches of asphaltic concrete surfacing, surfac- ing to apply where existing surfacing is disturbed. All of the afore- said work shall be free from settlement arising out of any excavation. There shall be properly designed concrete encasements required at each pipeline crossing of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations. The foregoing shall be subject to the approval of a representative of the Director of Public Works of the City of Englewood, Colorado. Any consequential damage to side streets, the surface, or installations thereon, approaching the various intersec- tions with the righ t -of-way hereinabove granted because of pipe and material storage and heavy equi pment movement, or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. d. Denver a n d t he Board, its seccessors and assigns, shall at all times save and keep harmless the City of Englewood and its City council and other officers and employees from any and all damages -2- • 0 I • - • • c • • • • that may in any manner arise from the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. Section 3. Nothing herein shall be construed as granting to Denver or the Board any rights other than the permit herein expressly de- fined and set forth, nor shall anything in this Ordinance be construed as granting an exclusive privilege to Denver or the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood consistent, however, with the full exercise of the rights granted by this permit. Section 4. A copy of this Ordinance, signed by the Mayor and the City Clerk of the City of Englewood, Colorado, shall be sufficient evidence of the permit herein granted. The acceptance of this permit by Resolution of the Board, a copy of which shall be duly certified to the Clerk of the City of Englewood, Colorado, and the commencement of the work hereunder shall be conclusive evidence of the acceptance by the Board of all the terms and conditions of this Ordinance, and the Board agrees to perform such terms and conditions. Section 5. It is expressly understood and agreed that the granting and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and County of Denver, Colorado, or its Board of Water Co11U11issioners, or the City of Englewood, Colorado, or any inhabitants thereof. Section 6. In the opinion of the City Council for the City of Englewood, Colorado, this Ordinance is necessary for the preservation of public property, health, peace or safety in that the City and County of Denver, Colorado, acting by and through its duly consti- tuted and appointed Board of Water Conanissioners, is urgently in need of the right-of-way herein granted for the construction of the water main herein set forth, and this Ordinance shall take effect upon publication following final passage. Introduced, read in full and passed on first reading on the 24th day of March, 1980. Published as a Bill for an Ordinance on the 26thday of March, 1980. Read by title and passed on final reading on the 7th day of April, 1980. -3- • I • • - - • • • • • • Published by title as Ordinance No.~~~-' Series of 1980, on the day of April, 1980. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~~' Series of 1980. Gary R. Higbee -4- • - I • • - ( • • c • • • • RESOLUTION NO. ~~~~' SERIES OF 1980 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESSMENT BONDS FOR PAVING DISTRICT NO. 26, IN THE PRINCIPAL AMOUNT OF $106,000. WHEREAS, by Ordinance No.14, Series of 1979, finally passed and adopted on April 2, 1979, the City Council has created Paving District No. 26, in the City of Englewood for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements on certain streets within the District1 and WHEREAS, the City Council has determined that it is necessary to provide for the issuance of bonds in the amount not exceeding $106,000 to pay for the cost of said improvements, the principal of and interest on the bonds to be payable from special assessments to be levied against the property within the District and specially benefited by the improvements to be constructed and installed1 and WHEREAS, in accordance with the provisions of the City Charter, it is necessary to advertise for the sale of said bonds1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: l. That notice of sale of bonds of the City for Paving District No. 26, in the principal amount of $106,000, shall be given by publication in one issue of the Englewood Sentinel, a newspaper published and of general circulation in the City, in the edition dated .April 9, 1980. 2. The form of the notice of sale shall be substan- tially as follows: -31 - • I • - • • • • • • NOTICE OF SALE CITY OF ENGLEWOOD, COLORADO PAVING DISTRICT NO. 26 SPECIAL ASSESSMENT BONDS, $106,000 BID OPENING: MONDAY, APRIL 21, 1980 2:00 P.M. M.S.T. NOTICE IS HEREBY GIVEN That the City of Englewood, Colorado, will receive sealed bids at the o f fice of the Director of Finance at the Municipal Building, 3400 So. Elati Street, in Englewood, Colorado, until 2:00 P.M., on Monday, April 21, 1980, for the purchase of Special Assessment Bonds in the prin- cipal amount of $106,000, of the City of Englewood, Colorado for Paving District No. 26. The bonds will be dated June 1, 1980 and due June 1, 1990, subject to prior redemption in direct numerical order on any interest payment date upon thirty (30) days published notice, upon payment of par and accrued interest. The bonds shall be in the denomination of $1,000 each, numbered 1 to 106, in- clusive. t The interest on the bonds shall be payable on June 1, ) 1981, and semiannually thereafter on June 1 and December 1, each year, to be evidenced by one or more sets of interest coupons. For the purpose of comparison only, bids shall be submitted on the following estimated dates of payment: Amount Estimated Pa~ent Date $36,000 December 1, 1981 19,000 December 1, 1982 13 ,000 December 1, 1983 11,000 December 1, 1984 11,000 December 1, 1985 $ 8,000 December 1, 1986 8,000 December 1, 1987 The above estimated payment dates are based upon the experience of redemption by the City and their accuracy is not guaranteed. The principal of and interest on the bonds shall be payable at The First National Bank of Englewood, in Englewood, Colorado. -32 - I • - 0 • • • • • The bonds will bear interest at a maximum net effective interest rate not exceeding 12% per annum, and will be sold at not less than par and accrued interest to th e date of delivery. Different or separate "A" and "B" coupon rates may be bid for each estimated payment date, but bids based on split coupon rates for any one estimated payment date will not be accepted. Subject to the right of the City to reject any and all bids received, the bonds will be awarded on the bid representing the lowest net cost to the City based upon the estimated dates of payment as set forth above. The bonds are being issued to pay part of the cost of constructing and installing street paving, curb and gutter and sidewalk improvements on certain streets within the District, and are payable from special assessments to be levied against the property within the District specially benefited by the construc- tion of the improvements. -·In addition, the Charter of the City and the ordinance authorizing the issuance of bonds provide: "Whenever a Public Improvement District has paid and cancelled four-fifths (4/5) of its bonds outstanding, and for a ny reason the remaining assessments are not paid in time to take up the final bonds of the district and interest thereon, then the City shall pay said bonds when due and interest due thereon and reimburse itself by collecting the unpaid assessments due said district". All bids must be unconditional and shall be accompanied by a cashier's or certified check in the amount of $2,000., payable to the City of Englewood. Checks of unsuccessful bidders will be promptly returned. The good faith deposit will be credited to the purchaser at the time delivery of the bonds is made; and if the successful bidder shall fail or neglect to complete the purchase of the bonds in accordance with the bid, the amount of the deposit shall be held by the City as liquidated damages. The City of Englewood reserves the privilege of waiving any defect or irregularity in any bid, and the right to reject any and all bids for the purchase of said bonds. The award of the bonds will be made by the City Council at the regular meeting on April 21, 1980, at 7:30 P.M., or at an ad j ournment of the regular Council meeting of that date. Delivery of the Bonds will be made at any bank or trust company in either Englewood or Denver, Colorado, or elsewhere . at the request and expense of the purchaser. It is anticipated that delivery of the bonds will be on or about June 9, 1980. The City will furnish the executed bonds, a certified transcript of legal proceedings and the approving legal opinion. The legality of the bonds will be approved by Messrs. Lamm Edstrom & Stowe, P.C., Attorneys at Law, Denver, Colorado, whose legal opinion will be printed on each bond. Bond counsel's approving opinion will rec i te, in conventional form, that bond counsel has examined the Constitution and Laws of the State of Colorado and -33 - • I • - • • • • • • the Charter of the City, a certified copy of the record of the proceedings of the City taken preliminary to and in the issuance of the bonds, and bond numbered one of said issue, and that the Bond has been properly executed and is in due legal form. The opinion will state that the bonds are valid and legally binding upon the City and that the obligations incurred by the City in issuing the bonds are subject to applicable laws of bankruptcy and the reasonable exercise of the police power of the State. The last paragraph of the opinion will express an unqualified opinion as to. the exemption of interest on the bonds from federal taxa- tion. The matters passed upon by bond counsel do not extend beyond those mentioned in the p1:eceding paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the information con- tained in the Official Statement, Prospectus, Offering Circular or other similar documents, if any, and therefore assumes no re- sponsibility for the accuracy, completeness or fairness of any statements made in connection with any purchase or sale of any of the bonds. Additional information concerning this issue and the City may be obtained from Mr. Gary R. Higbee, Director of Finance, Municipal Building, 3400 So. Elati Street, Englewood, Colorado 80110, or from Hanifen, Imhoff and Samford, Inc.•· 624 Seventeenth Street, Denver, Colorado 80202, the financial consultant to the City. DATED at Englewood, Colorado, as of the 7th day of April, 1980. ( S E A L ) /s/ Eugene L. Otis Mayor City of Englewood, Colorado ATTEST: Publish in: Englewood Sentinel Publish on: April 9, 1980 -34 - 0 I • ( - • • • • • • • 3. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the prospectus and notice of sale to those investment banking firms, banks and others who might be interested in bidding on bonds of the City. 4. That if any one or more sections or parts of this Resolution shall be adjudged unenforceable or invalid, such judgment shall not affect, i•pair or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 7th day of April, 1980. ( S E A L } Mayor ATTEST: Director of Finance -35 - I • - - ,. • • • RESOLUTION NO./( SERIES OF 1980....a.....; __ • • • 7 F A RESOLUTION ENDORSING PLANS OF RTD TO BUILD A LIGHT-RAIL SYSTEM. WHEREAS, the Denver metro area is plagued with traffic and pollution problems; and WHEREAS, the proposed building of a 73-mile light-rail system using electric trains to transport people from outlying areas to Denver would help to alleviate the pollution problems, gas shortages and high cost of fuel; and WHEREAS, this issue of building a light-rail system and additional taxation to pay the costs of the same are now being debated in the State legislature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That the City Council of the City of Englewood endorses the concept of a light-rail system within Arapahoe County. ADOPTED AND APPROVED this 7th day of April, 1980. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No.~~~-Series of 1980. Gary R. Higbee .·! I • - • • • RESOLUTION NO. /( SERIES OF 1980 • • • A RESOLUTION ENDORSING PLANS OF RTD TO BUILD A LIGHT-RAIL SYSTEM. WHEREAS, the Denver metro area is plagued with traffic and pollution problems; and WHEREAS, the proposed building of a 73-mile light-rail system using electric trains to transport people from outlying areas to Denver would help to alleviate the pollution problems, gas shortages and high cost of fuel; and WHEREAS, this issue of building a light-rail system and additional taxation to pay the costs of the same are now being debated in the State legislature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That the City Council of the City of Englewood endorses the concept of a light-rail system within Arapahoe County. ADOPTED AND APPROVED this 7th day of April, 1980. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. Series of 1980. ~~~- Gary R. Higbee :1 t t ~ I ~ I i: 1 • I I I • • - - Ct • •· • • • • 7 G · P R 0 C L A M A T I 0 N ------------ WHEJmAS, during the 1970'•, restoration of the South Platte River and ita tributaries progressed steadily through- out the Denver .. tropolitan region; and WHEREAS, •uch restoration provides numerous recreational opportwiities, enhances the natural environment, encourages private redevelopaent initiatives, and helps preserve open flood-waya: and WllEa&AS, the further development of the trails system along the South Platte River and it• tributaries will promote energy conaervation and air quality improvements: and t111EREAS, efforts during the 1980's will continue in the restoration of the South Platte River throughout the Englewood area as well as the entire metropolitan area and connecting Lake Chatfield, Barr Lake, Cherry Creek Reservoir, Bear Lake, and Standley Lake into a coordinated Regional Greenway recreational trail• ayatea aerving all reaidenta of the State of Colorado: and WHEREAS, it ia fitting that, in conjwiction with the tenth anniveraary of •zarth Day• on April 22, we acknowledge the importance of the reatoration along the South Platte River. llOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of April 20 - 1980 a• SOUTH PLATTE RIVER WEEJC in the City of Englewood. GIVEN under ay hand and seal this 7th day of April, 1980. -~ ~ !, I I I I • • - • ! ··1 . ! J • :~] ' : -i ·. '. :.· • • • • IN THE SUPREIU: COURT OF COLORADO NO. 79SA287 THE CITY OF SHERIDAN, COLO- P.ADO, a municipal corpora- tion, Plaintiff-Appellant, v. ) ) ) ) ) ) ) ..-. -... ) THE CI TY OF ENGLENOOD, a muni-) cipal corporation, organized l and existing under the laws ) MAR 311980 of the State of Colorado; the ) CITY COUNCIL OF TUE CITY OF ) ENGLI:l·:OOD; JAMES L. TAYLOR, ) as Ma y or and as a member of l said City Council; VERN MANN , ) Mayor Pro Tern; DAVID D. CLAY-) TON, DONALD W. llARPER, as the ) remaining members of and con-) stituting the said City Council, ) Defendants-Appellees. ) ) Appea l from the District Court of Ara~e County Hon. lleil Horan, Judge EN BANC Hemminger ' Whittaker, Gary H. Hemminger, JtJI>Gl'IENT Jlri:IRMED Attorneys for Plaintif f-Appcllant. Jlernard V. Berardini, City Attorney, l:i ck DeWitt, Assistant City Attorney, Attorneys for Oefendants-Appellees . CHIEF J USi'ICJ; HODGES aelivered the .. : . .. -·· • • I ,. i I I I ! I . i I I :ll ' I ·•' I '·~ I • - - • I I I ·1 • ,, . .. , • • • • .•:. .. ...__._ ·-_____ .__._. -~ _:..:::.,.... Tho Ci ty of Sher idan sued t~ City of Ezt9levood ~ to collee t~d~ias i on .ta:iaa alle gedly due under a Sheri~ dan city ordi n ance , and sought a declaratory ju491119nt . t h at the !-,dmission tax ord4an'* -·s .val!~_an4 ·-~~~~ . able •.. Englewood 's C.R.C.P. 12(b) motion to dismha on the ground tha c Sheridan had no etatutory authority to enact an admis sions tax was granted by the trial court. · · She r idan a ppea l ed the dismissal to the court of appeals ~ We aceopted tra nsfer of the ease pursuant to section 13-4-110(1) (a), C.R.S. 1973. We affirm the trial court'• judgment. Sheridan, a statutory city, in 1973 enacted ordi- nance provisior.s !!ntitlcd ~·~lied~ti'..A~~s iOJ>:l 'i'j.1¢.;" Sil !!ri.dan Munici pal Code, art. IV, section!! 12-61 ~!!!I· The ordl nance imposes a").~ ·_tax '~o.!!.~_llig.p.r"Jce-or a~~~on · to.~n_y.Jl.u.tittc ·priabe _ctt ··~P.i .. 1n ··~liiricfd. 'l'he ta-..ia levied on tho person gaining admission and is to be "coll!!Ct!!d by t he owner, lessee, or operator who chargei an admission fee. In 1977, Englewood constructed e 9olf cours e loea t !!d wi thi n t he mun i c i pal boundaries of Sheridan. Th e c o ur s e wa s o pen to t he p ubl i c, and an admission fee wa s c h arged. Eng l e wood di d not col l ect, nor d i d. the. p atr ons of t he g ol f course pay, the 5l adndss ions tax inposed by the Sheridan ordinance provi sion s . Sheridan th<>rcupon s o ught t o collect i t b y f i l i ng this acti o r. i n the tria l court~ , . " . ,. .. .. ~· .'' i·I ·\ ·., t ' ·i ·-1.: ,I I • - • • f ,;- ) • ' .. • • • ---.. -... -·--.. ---·--·------.~ ..... Sheridan, in contendin9 that the cUstrict court ert'ed in granting En9lewood',a motion to diaaisa, · argi.Da , that it has statutory authority to impose the •Sheridan Admissions Ta".• We disa9rce with this contention. Statutory cities possess only such powara aa an> expressly con!crred by statutory 9rant or el<ist by · necessary i~lication. Aurora v. 11o9ue, 17G Colo. 193, 4S9 P.:?d lHS (1971). Sue.'> conferred powers are to be strictly ec:i.strued, and any doul»t •• = tlla sm-r of •. •· statutory ~ity to act must be resol~d a~ai.:>st it. ~· Sheridan argues that the power to ll!pen a:i &4-: <I; -~ T!lissiol'IS t:ox is fou.'ld b sca1;,m 31-'!.5.:.5!ll.!1.' ~t:' ·~n~ 111r~:~-.li:-~s -:i91rn.~rrCnep1~-~1:·_~~~. "hich :;>roviec.,· inter ~. that a 11tuni'cipality h er.;>ove:-cd to ta" tz1 ar.nrscmcnt or plact! of lll!ltlselm:!nt. 'l'!\e venual asset:lbl:r. 'by t!nll-c'ting sectim> 31-l.5-501, t:.l..S. 1973 tlll77 :o.?epl. Vl>l. 1'2), 'Under the 'headl:ig 9Jlegulation ~f 9mines:.aa, .. :Ob.,iously i ntcndt!d 'to aut.hcrl::e statutaey 1:itiu to · requlate ·only businesses, sacb •• llTllUaementa err -plaC'eS. of 11'11111Ser.w.nts. A tax illl?Ottd amler t'his authority 111USt 1 Thi s st.i utc pro vides: l •Cl) The govcrnirlg bod ies of munieipsliti-"-" t.ba following powers to rt!gulatc businesse•: (c:) To lieense, Tegulate, anti 'tax, aubjcc:t to ..,,y - , le~ of ~h is state, any lawful occupati on, busine•• place, omusorncn t, or plnce of amuscr.aents ana to fix the eno unt, terms, and manner of isauing and rcvolt1n9 lice nses issued the refor; (g) To license, ~•x, regulate, supprcs•, and prohibit huc~stors, paddlers, pawnbrokers, and koopere o f ordi- na ries, thcatric11l -and other eXhibition11,., nhow": ena am~eme nts and tO revol'e •uch licen•• o.t 'J>leu•urs: •.•• • -3- .. .·.., . • .• f .. . , . :> . ! ; . '. r.. ~ -r~ I \,. I t: l ! -. . f I "f I I I ., f I I[ f J ,I i'f . 1 I • - ·' • c \ • • • • • ' ·": . i I I I ·J I 1 I i .. ' . , I .1 l ·l ~ ·:; -1 • • • --· ---~ --·----- the r efo r e be a tax on t:ie privilege of c!oing business • and i 1:1posed ~ the business or person en9agect t119rein. Sheri dan's admissions tax , however, is not illl>OSad .upi:in businesses o f fering amuse..;;.nts or places of amusements. '.: ... \, .... -·-· -·~--, . ·,-.. . ( .:• ·- .. : ... -. . -. .... ! Rather, ~ t is a tax b1po~e..o.. ~-P!rsons_ ~~1~~~~ · ·. s~ch _bu&i ~esses ~ The declared logislati-... intent of the "Sheri dan Admissions Tax• is as follows: "It is ,, ~1 -.. hereby de c lared to be the legislative intont of t.be city council of Sheridan that . :.every person wbo 118YS~~~ a~mission to any place oz:: event · u the city. that 1• ~ to "the-i>;i~U t:· ~h•!l pal'. .•• ~•-tu· illlposect 117 this~'.• Shcri den Municipal Code, art. IV, see. 12-U. 'l'hb type of tax on a person is not authorized by section 31-15-501,: C.R.S. 1973 (1977 Repl. Vol. 12). T!l ere is no other statutory authority whict. empowers t1 statutory municipality to impose an ac!miesions tax such as the one her. being contested. 'J'ho "Sharidt1n Admissions Tax• ordinence it~torcf yoi,it ' ~4~tli~1zr:t ~--pro:.:ic~1y ent~red a juc!gmeni; c!isaiU'-n9 Sberidai\"• I '?9'!1Platt1!1. See ~-~· Art. XIV, See, 131 City of Aurora v. !loque, ~' and Town of Eckley v. Meyers, 116 Colo . 536 , 181 P.2d 1014 (1947). l~e a ro aware t h at a different result is reached i n Del u"'" Th e atre•, Inc . v. City of En9lcwooc!, __ Colo • -·~-· 596 P.2d 7 71 (19 7 9 ), and Ci ty of Boulder v. Regents o f Univ. o• Co l o r ado, 17 9 Col o. 420 , 501 P.2d 123 (1972). Th ese c a<>c~ are dist i nguish a ble, howe ve r, by the cruci al f ac t that in t hese ca s~s bo t h c i ties which had enPcted •n -4- .. __ , .11 ,. ; I r ,_I . "f I i t i -. i 1. •• 1· . ,---.......... --·- . - • : I I I i~ 1 } I • - - • _; ; ., i c • l l I l .l • _, r l ·' ' " ·I f j i ·' f --- • • • • . ' ' . ~-: ... ·-----------------·-· --· --.. admissions tax were home-rule cities, and deri"8d authority from Colo. ~-Art. XX, Sec. 6 r~ther than a stat utory qrant. The j udqment is affi roed. JUSTICE GROVI:S and JUSTICE ROVIR!\ do not parti- cipate.- ' \ -5--.-. - ... • \ -.. ;. : .. :.1 I I -I I -'J ··- I I I _. I·, ' ,,, , .. " I . ·::.I . • . . J- , '!. . ' . ) . ) 1 1 I ·' ' I • • "..;In - - ·~ i i • • ! • -! .- :.• • • • IN THE SUPRE!U: COURT OF COLORADO NO. 795"287 THE CITY OF SHERlOAN, COLO- P.ADO, a municipal corpora- tion, Plaintiff-Appellant, v. THE CITY OF ENGLEl~OOD, a muni- cipal corporation, organized and existing under the laws of the State of Colorado: the CITY COUNCIL OF TllE CITY OF ENGLI:l~OOD; JJ>.!!ES L. TAYLOR, as Mayor and as a member of said City Council; VERN MANN, Mayor Pro Tern: DAVID D. CLllY- TO!I, DONALD W. HARPER, as the · remaining members of and con- ati tuting the said City Council, Defendants-Appellees. MAR 311980 Appeal from the District Court of Arapiahoe County Bon. lleil Horan, Judge EN BANC Bemlllinger ' Whittaker, Cary H. Hemminger, JUOQIENT AFF.IRMED Attorneys for Plaintiff-Appellant. Flernard V. Bcrardini, City Attorney, l:ick DeWitt, Assistant City Attorney, Attorneys for Defendants-Appellees . CHIEF JUS1'ICI: IIODGES deli vcrcd t.hc '. • I . -. '· . I I ,. I • • - • ' I I I ·! I .. • • • '"~·---.. ----·-- The City of Sheridan sued the City of Englewood to collect'ed.;.iasion _taxes allegedly due under a Sheri- dan city ordinance, and sought a declaratory judgment that the admission tax ord4uoft.,_ waa .vaU~_an!I ~!)>~~~ able~. Englewo::>d's C.R.C.P. 12(b) motion to dismi•s on the ground th•• Sheridan had no statutory authority to en.:ict an admis s ions tax was granted by the trial court. Shcridiln appealed the dismissal to the court of appeals : We accepted transfer of the case pursuant to section 13-4-110(1) (a), C.R.S. 1973. t!e affirm the trial court's jUdCJl!lent, Sheridan , a statutory city, in 1973 enacted ordi- nance provisior.s entitled ~~~ii!,'l~~:-~ssiOni 1.1.>l;" Sheridan l!unlci pal Code, art. IV, sections 12-61 ~ !!!I· The orc!inance imposes a '1.' "fax 'J>n-:-:~p~Jee-o~-a~~!fl:on to.-an.Y_ll.$l:1c-pr•ee _or -e~}it: .in ··~eri&a. 'J'he ta~.is levied on the person gaining admission and is to be ·collected by the owner, lessee, or operator who charges an admi.ssion fee. In 1977, Englewood constructt>d a golf course locoted within the municipal boundaries of Sheridan. The course was open to ~he public, and an admission fee was charged. Englewood did not collect, nor did-the· patrons of the golf course pay, the 5\ admissions tax iMposcd by the Sh e ridan ordinance provisions. Sheridan thereupon sought to collect it by filing this actior. in the trial co urt . ·' . ~ • - ·- . ' ' c - ! i· ··-.. -:, .. , .1 -. ' . ' I I ' I I ;. I I ··H l i '-t ! ···l ,.,;,_ JI (j i I l I f. ., -i ---..... 1· .. I r· I I r -' J ' I • - ( • " ' • ~· ... • • • :~ # -"': -----·-···---~-----..-.............. Shcridnn, in contending that the district court er1-..d in granting Englewood's llOtion to diaaisa, argue• . that it has statutory authority to tmipoae the •Sberidan. Admissions T""· • l~e <lisagrc• vit.h this contentioa. Statutory cities pc.ssesa only such po-..ra as arc c><press\}• contcrrcd by statutory grant or exist by necessary i~lication. Aurora v. !!oqu!, l7G Col.o. 293, 4S9 P.2d 12~5 (1971). Sue.~ conferred powers are t.o ti. strictly CX::l strued, &'1d a. .. y c!o~t. as to the pawr of•. statutory ~ity to act ~ust be resol~d ac;ai:>st it. ~· Sheridan arg-.>e s that the power to ii:ipese &:l ~- 1".i'S'Sit>r.s '!::!>: is fou. .. d b scd:'!ti:is :n.-1.!"-~!ll.!1.' ~~' ·~ <'9 ':,·F:·;il~:;. ~1·fn ··n, .. n-ne-.,1~·~1:· ~1~. "'hich :oirovi.~. inter !!!!.• that a 1!:u:>ieip&lit)• is ~~d to ta" an amtrscmcn t o r place of amusemen~. <rh• i;eneral aaseT:':bly, \'t>l. 1'2l, '\J'1 ~r the beading '"ltegulation of 'Bmi:>es~e•, • o ''lo!ISly i l'ltc:'ldcd 'to authcri-=• 'Statutory cltiu to 1 ~his St..il uto ~rov i dcs: I "(ll The 90,•crning bodies of munieipalitia hliv. the fo ll owing powers to rcqulatc businessea: (cl To licen9e, rcc;ulate, •ml Ux, •ubjcct to B11Y - , la ~.· of t.hi s st.ate, o.ny lzi.wful occupation, busi nea• place, Dmuscrncnt, or plnce of amuscr.aent·• encl to fix the cnount, terms, and r.ianner of is•uing end rcvokinv l jccnscs i~sued therc~or: (9) To license, ~-~. regulete, supprcaa, and prohibit hucksters, poddlcrs, pawnbrokers, nnd kocpcre o f ordi - naries, theatrical and other ellhibition~, nhows: •n~ a mtt!U?!!W?n ~s end tO revol:e auch license nt pl11.asura: •.• " -3- • : ' ·. . t. 1 ! l t: i i • l1 ti f ;t • I t I ,, I • • f - ... •, . , 1 l . ' ( ·' I ! I \ ., l • I ' ·• i ; ' I ~ I • · .. •."l ·1 ( J I I '.I • • • • ---~-----··-- th<'rcfo n > be a tax on t!>e privil999 of doing business. SheridAn's adlllissiona tax, howe.,,.r, ia not illpO .. d llPOft businesses o!fering amusement• or places of amu,.....ta. Rather, i ~ h a tax illqoo_?e~ ~ pr90na 119~tz~· s~ch bu&i ~essaa. The declared 109islati"9 intent of the "Sheridan Adnlissions Tax• is as follows: •it ia hereby de c lared to be the legislative intont of tb9 Citl' council of Sheridan that. :.ovary person wbo P9YB -~~ a~mlssio11 to any place o:: event ·~ ~he city __ that 1• 1'PI!!' to the-pu~HC: •llaU pay .•. ~• taz· illlposect b7 this~.• . -. . · .. Sheridon ~lunicipal Code, Ort. IV, see. 12-'1. '1'11111 type of tax on a person is not authorized by aoction 31-15-501, · C.R.S. 19 7 3 (1977 Repl. Vol. 12). T!lere is no other statutory authority vhict. empowers ~ statutory municipality to impo .. an admlaaicna, tax such aa the one he~ being conteate4. Tho "Sheridan J\dmissiou Tax• o~in_ence ia~t"circf Ye>l# · ~~th0~1111- ~-pro:?Q.;-1y en~~rec! a ju4;men~ 4illlllia9lng Shul&in'• ~1_a1n11. ~ ~-~·Art. uv, See. 131 City or Aurora v. lloque, ~: and Town of Eckley v. Mext?ra, ll6 Colo. 536, 181 P.2d 1014 (1947). tfe arc aware that a 41ffen!ftt result la reachec5 in Deluxe Theatres, Inc. v. City of En9l-oo4, __ C:olo. _. __ , 596 P.2d 771 (1979), and City of Boulden v. Regent• of Univ. o• Colorado, 179 Colo. 420, 501 P.2d 123 (1972). Th c5c ca~cz arc distinguishable, however, by tho crueiel fact that in these cas~s both citie~ which ha4 enPete4 an -4- ·;'" ~ :I "' .. . ... , • : t ·~ . ., . .• . ·. ! . ·. ·r I i t -~. ·.-! i .· I ·-. I ! i- ..... ..:. ... --·- I.' . : ! • , !I ' I • • - ( • .. -I l l ! j I I 'J J l i i ,. ! r ! .. ·I l J • • • . ";' - -· ------------------- ' . admissions tax were home-rule cities, and deri'19d authority from ~· ~-Art. XX, Sec . 6 rather than a stat utory grant. The j udgment is affirmed. JUST I CE GROVJ:S and JUSTICE ROVIRA do not parti- cipata. •' -5- .. • ... . . '• ' ;" .· ' ;: I I -! l : '. ... · .. ' .1- .• j ... , r I. ' . i· - ' I . ·:· I .. ·>I . J t ·• I:, .4· I r • )" .. - • • ·. I:. V · ( • ; l .. • i -·' . j . , -~ • ! :.· • • • Di THE S UPRE:!IE COU RT OF COLORADO NO. 79SA287 THE CITlC OF SHERIDAN, COLO- P.ADO, a municipal corpora- UOZ>, Plaintiff-Appellant, v. THE CI TY OF ENGLElWOD, a muni- c ipal corporation, organized and e xi sting under the laws of t he State of Colorado ; the CITY COUNCIL OF TllE CITY OF ENGLO lOOD; JAMES L. TAYLOR, as Ma yor and as a member of said City Council; VERN !'.ANN, Mayor Pro Tern; Dl\VID D. CLAY- TO!ll, DONALD w. HARPER, as the nmain ing members of and con- ati tut.ing the said City Council, Defendants-Appellees. Appeal from the District Court of Arap.i>oe County Hon. lleil Boran, Judge Ell BAllC Hel!llllinqer • Whittaker, Cary H. Hemminge.r, JUDGMENT AFFIRMED Attorneys for Plaintiff-Appellant. flernard V. Bcrardini, City Attorney, l!ick DeWitt, Ass istant City Attorney, Attorneys for Defendants-Appellees . CHIEF JUSTICE IIODGES delivered 1.·., ·. .. . I I I • - • • -. • j I :l I • • • -.. 1-.-________ -_-: ._.:---.--·-· ~ The City of Sheridan sued the City of En9l-00'2 to col'fect --.d~saion .tuie• dlegedly dm lm4er a Sheri- dan city ordinance, and sought _a declaratory jUl!CJment that the ~,dmission tax or'2i.nan~--• va11(!"_ lln;! ~1'..c?e'.:i &tile~. Englewoo d's C.R.C.P. 12(b) motion to di.ates on the ground tha ~ Sheridan had no statutory authority to en11ct an admis sions tax was granted by the trial court. Sheridan appealed the dismissal to the court of appeal•: We accepted transfer of the came pursuant to section 13-4-110(1) (a), C.R.S. 1973. We affirm the trial court's judgment. Sheridan, a statutory city, in 1973 enacted ordi- nance provisio!:s entitled ~·~t!ii~:-Ad!i!.siQ;ji 'fj.>I;~ Sheridan Hunlci pal Code, art. IV, sections 12-61 et !!!I· The ordlnanee imposes a-'3.~ -~ .. '_op=!ti_i,"p~.JC:e o~-a~~~on to ...!".l~ttc-proee.~ -e~it .in."Aerf'tfd,_ 'J'he tq.is levied on the person 9aining ad!U.•sion and i• to be 'collected by t he owner, lessee, or operator vbo charge• an a&.U.ssion fee. In 1977, Englewood constructed a golf course located within the municipal boundaries of Sheridan. The course was open to the public, and an ad!U.••ion fee "'as charged . Englewood did not collect, nor did-the.- patrons of the golf course pay, the St ac!mi•sion• tax iMposcd by ~he Sheridan ordinance provisions. Sheridan thC?rcupon _sought to collect it by filin9 this actlor. in the trial co urt , -2- .. • .• : ! :.. ... , t i ! J! ri I : -{. [' ·1 . ., :L I I r ' !. . .. ~ I ;I • I • • j. ., ~J ·Jn - • • ,, "·~ ( ( .· ,; • • • • '-. ----; --. ..-·--·---e-.---___........., . ..-0'!. Sheridan, in contending that the district courtc -erred in granting Englewood',a 110tion to diuisa, argllG• that it has statutory authority to impose tJw •ShericSan_ Adnlissions T.-."'. • 1·:e disagree with this contention. St•l~tory cities possess Dilly snch pollarS .. are exp ressly eon!errcd by statutory grent or exlat lty necessary i-,.,lication. l\urora v. Jlotim• 17G Colo. U~. 489 P .2d ins (1971). Such co"ferre4 powers an to la strictly CC :1 Struec!, a.·u! any c!oubt as to tlla sio-r o~ • statutory c-ity to act :tl.!St ~ resolved asai:>st it. !!· S!'leridan argues that the power to ~ co ae- Tnissi.er:s t:ox is fou..-.d !.n sce'tl:is 31-"!5•~1'1 "' te "md <"9 r;,-e ;~:;. :l.§"n-·p..,-77 --ne;.1~-~1::_~1~. -..!':1= .,nm.ec., inter alia , that a 1!".u:-ii eipality is ~"'Cd to 'te!': an annrscmcnt o r place e! amusemcn't.. 1n'9 13=Ual a•se!:l>l7, hy cna-cti.Ti g see'tian 31-15-501, c.1.s. 1973 fl977 a..p1. \'Ol. 12), 'U:>der the "heac!U.9 ._'lU].ation of -~~.· o'l:"·'i.o nsly i ntended to authorl::• ~tutoey 1:it.i2s to 1 ':'his st.4l t uto provi des : "(l l The govcrni~ bodies of inuni-cipalitiai ~-ti. following powers to regu late businessu: (C) i •o license , Tegulatt!, ane UX, 8ubjeet to -any - , la"-~ of t.hi s st.ate, a n y lawful occupati on, bus i nea~ place, omu~crncnt, or pln ce of amusc~nts 11.ncJ to f..i.x the ttno unt, term, and manner of issuing en.d re-Yoking lice nses i ~sued therefor; (9) To license, '11a>t, re9ulatt1, supprea•, end prohibit huc~sters, pctldlers , pawnbrokers, and keeper• of ordi- naries. theatr!..cl\l ·and other eX!tibitiam:i,., riho>n; ~ ana a mi.Ke,,,.,nts end t.O rt1vol<e •ueh licen•a ot J>l11•sure: ••. • -)-·' • . ' .• ; .. -: ~: r ' ·-. . 1 j ; r~ 1 t ! I I: j i f .. I !- i ,. ,, , . ; f: • 1 I . ' I Jl t . -(~ I. ~ ~ . ' ,, l1 I• i i 1. 11 ·1~ I u • "'' j l - - • • \ \ \ ( • . . ·' . , -1 I I ' ~ . ! I l ·l • • • thr r cfoi-e be a tax on the privil1199 of doln9 buaifteaa. and il:lposed upon the buaineaa or parllOn en9aged therein. Sheridan's admi ssions tax, boooe,,.r, i• not ill;ao .. d .upan : ::-=._-....... l " . -· . :·~~. businesse s offeri ng amusement• or places of aausepent•. Rather. i ~ h • tax .impo_!e~. ~-erson•_ ~~-t~' ~ such buaJ.~e•se•. The declared lo9islatlve intent of the "Sheri dan ~dmissions Tax• is as follows: ~it 1• here by de c lared to be the lc9islative intent of t.lle city counc il o f Sherida n t hat. :.eftry person w!lo ·J1919~~ admission to any place or event · in th• city that 1• -opea . -~ -- to 'the-pub lie ·•ha!l pay .•• iii. 't.U· illlpose~ by thle ~·.· Sh<!ridan Municipal Coda, art. IV, aec. 12-61. 'l'hb type of tax on a person is not authorized by acetlon 31•15-501, · C.R.S. 197 3 (1977 1'epl. Vol. 12). There is no other statutory authority vhic!1 empowers a statutory municipality to impo .. an edlniaaion• tax such aa the one here bein9 conteate4. 'Ibo "Sheridan M1nissions Tax• ordinenee l9~fortj" jo!,i!. ~-t,,..~11J; ~J1ro;:>e,:1y ente.red a · j\14;men1; diS111••'-n9 S!leric!U-. • ~lain!!. See Colo. ~· Art. XIV, Sec. 13; City of Aurora v. Bogue, supra; and Town of Eckley v. fi!eYera, 116 Colo. 536, 181 P.2d 1014 (1947). lfe arc aware that a different result is reached in Deluxe Th<!atres, Inc. v. City of En9lovoo4,~~-Colo • -·~-· 596 P.2d 771 (1979), and City of llodlder v. Re9e11te of Uni v. o~ Colorado, 179 Colo. 420, 501 P.2d 123 (1972). Th ese c a~c~ arc distinguishable, howev er, by the crueial fact that in these cas~s both cities which bed enPcted en -4- ..... • ~ ~ ".:"9' - .. .; ' 1. i . . f ~ I-. t· . r ---..- ; I • • ·In - - • • r:;, v ( r • j I l I ! l I l I . 1 ,. j .. ... j f -... • • • .· a clrni s sion s t ax were home-rule c.ities, and CS.r.iftd authority f r o m Colo. ~-Art. XX, Sec. 6 rat.her tha.~ a statutory qrant. The j udgment is affirmed. . ! - .. ~·. ----· ··---. -:. ' .. : . :. .• , ' •. -J . "• =. • I -~ ' I I .. I i. .. :. : l , l I. JUSTICE GROVES and JUSTICE ROVIRA do not parti- eipata. I :. j.' .., r \ I ! 1· I 1, . ·.·. 1 · ... I .: ... 1 ';': .l [.·· -5-:· '·;.. / ' . .. . • ' T ' r ·~ • ' f r ·l J' l 1 ' -4 t I • • ) •• ; -~..;In - ( • • ( -l • I ' J .1 ' . • • • IN THE SUPRElU: COURT OP COLORAl>O NO. 79SA287 TH£ CI TY Oi' SlmRIDAN, COLO- PADO, a municipal corpora- tion, Plaintiff-Appellant, v. THE ClTY Oi' ENGLE\100D, a muni- cipal corporation, organized and existing UJ'lder the laws of th<> Stat<? of Colorado; the CITY COUNCIL OF TilE CITY OF ) ) ) ) ) ) ) ) ) ) ) ) ) DIGLI:l:OOD; JAMES L. TJ\YLOR, ) as Mayor and as a member of ) said City Council; VERN MA."m, ) Mayor Pro Tcm; DJ\VID n. CLAY-) TOH, DONALD w. l!AlU'ER, as the ) remaining IOl!J:ibers of and con-) stituting the said City Council, l Defendants-Appellees. ) ) MAR 311880 Appea l from the District Court of Arapahoe County Bon. lleil Boran, Judge EH BAllC Hemminger ' Whittaker, Gary B. Hellminger, Attorneys for Plaintiff-Appellant. Fl<?rnard V. Bcrardini, City Attorney, P.i ck DeWitt, Assistant City Attorney, Attorneys for Defendants-llppellees . CHI EF J US1'ICL: HODGES de livered • • I 1 ·H I • • ~-.;I n - (.: (- • • ( • I I ·I I .i i .. • • • ·~---~---- The City of Sheridan sued the City of l:n9l...,ood to collect adn\i.••ion U.s allegedly due under a Sheri- dan c ity ordinance, and sought _• dec1aratory judgment . that the admission tax ordinan'* va• v&l.1<!°_ an4 -~~~=- ' able~. Englevood's C.R.C .P. 12(b) ll'Otion to dismiss on the ground tha c Sheridan had no •tatutory authority to en.:ict an admis s ions tax was granted by the trial court. Sherid.:in a ppealed the dismissal to the court of appeals : We accepted transfer of the case pursuant to section 13-4-110(1) Ca), C.R.S. 1973. t!e affirm the trial court'• judg!nent. Sheridan, a statutory city, in 1973 enacted ordi- nance provisior.s entitled ~·~ti°ii!:'~!l:.Ad#ssfoni 'i'~~;~ Sheridan flun{c i pal Code, art. rv, sections 12-61 et !!S· The ordinance imposes a")_, "_fax '.0€.Elii°' P>J.ce-or a~~~on to . ...!n.1...l'-~tic-pt•ce _Q; -ev:e;t in "lber!ofd. The ta~ is levied on the person gaining admiasion and i• to be collected by t h e owner, lessee, or operator who charges an adntJ.ssion fee. In 1977, Englewood constructed a golf course locnted within the municipal boundaries of Sheridan. The course was open to the public, and an admission fee was charged. En glewood did not collect, nor did. the.- patrons of the golf course pay, the St admissions tax iMposcd by the Sh e r idan ordinance proviaions. Sheridan thereupon sought to collect i t by filing this actior in the trial co u rt. -2- _:...~·.---·-· - . ' ' . ·~ . -, .. . ". I :·I u 1.: I . '1. l' 'I l !. -i. ~·· ·--. 1- I I . r ! f ' I I . .. t 1. ~ .~ f I e ~ - I • • In - (- • • r. • • • • '· -·-----·-----·--,----~~- Sh.,ridan , in contending that the district court ·erred in granting Englewood'• -ticm to d.illAisa, argue• that it h~s statutory authority to impose th9 •S11erldan_ Admissions T""· • 1·:e disagree vith this contenU-. Statutory cities possess only suc:h po11ara .. an> expressly c:on!errcd by statutory grant or e:idat by necessary j::;>lication. Aurora v. !oque, 17G Colo. 193, 499 P.2d ias Cl97ll. Sue:!> c:o:-:farred powers are to be strictly ec:>strued, a."\d a:iy &ubt •• to tbe powr of • statutory c-i ty to oct. :!:'..:st ~ :rest>ln:d •!;abst it. !!· Sheridan at"q'.Jes that the power to i?:1pese e::i ~--~ •; Tnlssit>r.s hx :is fo=d b sca,_l:i:is 31-!S-'-Slll..!l.'~~~-~ 1-,,·;.·e·;;r:-s . ~1f73 ··n11!?.-lie;.1~-~1~:..~·r1 • ..,i:.1ch :provi1'ka; inter alie, that a ltunicipality i• ~red to ta~ an ann::seTnCnt o r place o!' a?:li:<semcn't. "!he ;ieni.ral aaser.l>ly, by cn-aetillg aec-tian 31-:lS-SDl, t:.'8..S. 1'73 Ut77 :;?epl. \"ol. 1"2), -un<!er the 'hca•!i:ig '"Jle~atlcm of !lmi:ie!l.:iaa,• <stiviously i!ltc:?>dcd 'to authorl.:a ~'tti!%>ry cltita to 1 This st.D t utc !Jroviclcs: "Cl) The govt?rniTlg bodies of munieipelitie9 hllft t!la followi n g powers to regulate businesses: !cl ~·o license, regulate, anO tax, aubject to -...y - , la., of t.his state, ony lawful o=upaticm, bU$ines~ p l ace, Dmuscr.icnt " or pl nee of amusements anc'.l to fix the o"D unt , terms, and l!lllnner of isslling and revoking lice nses i ssued therc~or: (g ) To license, !ta~, r.,gulete, supprcas, lll'ld prohibit hucksters , petldlers , pawnbrokers, end koepera o f ordi- na r ie&, theatrical and other eJChibition-s ., chows~ ana amuser!Ym t.s e nd to r e voJ :e such license nt pl11.a r:ure: •.• • -3- • . ' J -f·· l I I ';._ I t: .·. j i J r i I· ;: IJ I t I I I \ '· f ! l Ii • I -~ M i~ r: ,~ I .. •• • ! l'!·" r .! l - ( .. r . • • « .. ., ' ' ., l I l •! : ' ·1 • • • t hc-rcfo.-e be a t.Ax on t!>e privile<Je of dolnf IMlaU.OU. a nd ir.1posed 1.1POn the bu.U.aa or per-_,,.,,_. ~in. Sheridan• s acl.Jllissions tax, howeftr, is not illpoM4 ~ bus inesse s o ff~ring amusement• or plaC9a of •aueeneeta. Rather, i~ is a tax impo_!e~ ~persona 1'~tz~; s?ch _b\isJ.~esses ~ The declared 109islati.,.. intCJ1t of the "Sh eridan Admissions Tax• is as follows: "It 1• hereby de c lared to be the lec;ialati ve intont of t!le city council of Sh eridan that. :.eftry person wllo ll9ytl _~ ~ &~mission to any place or everit 1.11 the eitJ_ that 19 ~ to "the-i,>;,i!:>lk sha!l pay ... ~ t&Z 1lllpcscct by this~.· . . . . Sheridan Muni cipal Code, art. IV, see. 12-61. Thill type of tax on a ~rson i s not authorized by section 31-15-501,: C.R .S. 1973 (1977 Repl. Vol. 12). There is no other •tatutory authority vhicl1 empowers u statutory municipality to impo .. an a~isaiona tax such a• the one here being cot1te•te4. Tho "Sher1d4n Mmission3 Tax• ordin:enee il~forc~ yoii! ~~tt.O-n-1111" ~-P~O?C>iY ente_red a ja&Sgment; disais91n9 Sberidail'• ~l_ain!I. See Colo. Conn. Art. XYV, Sec. 13: City of Aurora v. Bogue, ~: and Town of Eckley v. ~rs, 116 Colo. 536, 181 P .2d 1014 (1947). tfe arc aware that a different result is reached in Deluxe Theatres, Inc. v. Cit:y of Englowoo4,~~-Colo. ~~ 596 P.2d 771 (197 9), and City of llOolOor v. Regent• of Univ. o~ Colo r ado, 179 Co l o. 420, 501 P.20 123 (1972). Th c5c ca ~c~ arc dist inguishable, howe ver, by the croei al fact that in these e asPs both cities which had enPcted an -4- • -! t !- ~---·- : I I • - I • • I 1 ·' i-. _, ! .'j i l - • • • . - ---·------------..... ; a dmi ss i ons t ax were home -rule cities, and deri'fttd authority f r om ~· Const. Art. XX, Sec. 6 rather than a statutory 9rant . The j ud..,.ent is affinned. J UST I CE GROVI:S and JUSTICE ROVIR11 do not parti- cipate. -s- .· ·:. _~_ 1 . I :. c . ~ . ~·. l .. I I \.- -·1 '·l I I I I·, .. ·' ! i .1 [-· ) . I • • ") ·I n - . , ' I .. , .. · l •' I l I . , I ~ ! i j ; I '··' '! -1 • :· ' • ~ • .,.· ;· ... > • • • • ftb ~.--t ia -.s. thia __ day of April, 1910, by aad ... _,, hthleen • ..,.., (•a,.no") and th& City of I. Pr.ai.aea l.l a\aenO h•s heretofore instituted suit against U.. City, under Title VII of the Civil Rights Act of 1964, aa .... ded, in the United States District Court for the Diatrict of Colorado, in which liti9aticm Bueno claiaed that t.be City, pura1i&&11t to a u.nifora policy, discriJainated against ~ llieca1i19e of her .. z. In such litigation, Bueno sought relief in the foza of an order of reinstaie-nt, backpay, attonoey'a feea and other affira.ative relief. 1.2 ftoe City baa denied, and atill deni-, that it -1tted any violation of aaid Act and has denied, and atill daniea, that B-.no is entitled to any legal relief of l.l lloth parties hereto are deairoua of fully aDd campletaly .. ttli119, CDm1>roaiain9 and finally diapoain9 of aaid liti9atiCX> in accordance with the terma hereof. 2. l The City agrees to pay to Bueno the a..-of five t""'••...S (S5,000) <Sollars aiaultaneoua vith the execution of tJlia A9r-t, receipt of which ia acknowledged by Bueno. 2.2 'ftle parties hereto aqree that non~ of said pa)'8m'lt &hall be considered to be the payaent to Bueno of baclipay. aather, it ia agreed auch payment shall constitute a reimbu.r..-..nt to Bueno of the attorney's fees incurred by her in the prosecution of the above described litigation, in the approxiaate amount of $1, 500, and the remainder thereof aa a payment to her aa an inducement to her to vaive and aur- render any claia Vllich aueno -Y believe she -y have to be reinstated to her fonoer position vith the City. • j· · [ . I I I 'I I j t I:' '~ . . . I • - i•: . . . . '• . , ·.J I .1 · .. , I '· .:1 ·--~ I ' 'i ·' I l ! · l t· 7.~ -1 . .I I . I • I ·i · i I .. -~ ~- ' .. • . • ! 1;. ·.,· ' ' ; .. • • • • J.J Ia _i .. rati-of Mid pa~t. a......, a9r.ea ta, ....... ~. rel-all cl.aiaa of •ftry llatuni and kind, '*''* .... -ir Ila..,., or -Y clai.a to ha..,., a9ainat th• City, ariai .. 011t of tM ...,1olf9Ult rolationahip bat:woon auano and tlMo City, or roalllti-. from tM City'• aubaaquont failure to r*ira Mr, ... tiler alldl claia ia baaed llpOD th• provisions of MJ' ~ _tr..,t, -Y of ti.a City's ordinancoa or raaolutions, or tM .,ceviaioaa or My state or federal statute. a ... no furthar •.-tMt ..,. 81aall, fortlwith, cau .. to hava bar court complaint, -all cl&imm dlerai a atatad, dieaiasad, with prejudica . ~ tlU.a __ day of April, ltlO. CITY OF DG:Lall>OD •T •m==::r,vr.-.ii=rar=a'"':a.n=1,.---- city Attorney .- ·t; (/?'/: I . /: ,f . .. ., .. · 'I ',~ ', •. •{ : ( • 'L •• ~ 1 · ';, I. .. \' !.i .4' . , .. ' • "i .. . ' 'Io • •, '• ''. ,.. ... -. •.· .. · ·. ~···, ,. : .. I • • - • . ' ~ .. • • /';~ ·. -, '.}. ,. ~ -1 : l I . d ' I · '. ;·! ' ! ~ ' j ' 'I .j :• ' ·j· ·1 '.!. • • • • Tilt. A9r-t ia -de thia __ day of April, 1'10, by aad be"-n Kathl-n •-no <·•-no") and the City of bfl·-4 ("City"). I. Pr.aiaea 1 .• 1 a-., haa heretofore inatituted auit •gainat t.llia City, Wlder Title VII of the Civil Rights Act of 1964, u -dad, in the United States Diatrict court for the Diatrict of Colorado, in vhich litigation aueno clai...S that tbe City, purauant to a unifona policy, diacriainated againat ber Mee ... of bar Ma. In •uch litigation, aueno aought relief ia the fona of an order of reinat.at.-nt, backpay, atton.y•e f .. • and oti..r affi~tive relief. l.J Tiie City haa denied, and •till deni .. , that it -1tte4 any violatiOft of ••id Act and haa danied, and still cleaiea, that Bueno ia entitled to any lecJ&l relief of aay uture. l. l loth parti .. hereto are de•iroua of fully aa4 "°""letialy .. ttli"9, co.proaiaing and finally diapoain9 of Mid liti9atiCM> in accordance with the te.-.s hereof. 2.1 The City aqr-• to pay to a .. no the •-of five t-....s ($5,000) dollara aiault.aneoua with the •-cution of thia A9r....,t, receipt of which i• .acknowledged by Bueno. 2.2 The parties hereto aqree that none of a.aid pa}'8mlt llh.all be OOftaidered to be the payaent to Bueno of l:>adlpay. aather, it ia agreed •uch pA)'9ent •h•ll oon•titute a reimu•r.-t to Bueno of the attorney'• feea incurred by he> in the prosecution of the above describe d litig ation, i n the approaia.ate a.aunt of $1,500, and the reaainder thereof •• a pay...,t to her •• an induce .. nt to her to waive and aur- ran<"er any claia which aueno -y believe •he -y have to be rein•tated to her former po•ition with the City. I ·' I ~ -_. ,. n ~ • # :i'. . j·: it 1: . l i·_. I, .l ! [· ~ .. I • - • • ';. ., ·' ;. ~· .1 ... f "."\ . : .. : 0\ r '· ~ I l j·a. j. ' I " ' -;.:'i . l i l l i ' -1 r-1 : • .. .1 ' ' -(. -~- .• • • • • J.J to, ... *'-• ll~y. rel-•• all clalaa of •-ry nature and Ir.ind, ""ic:ll .... -y Ila-, or -y clai.• to Ila-, avai ... t tha City, ariai .. out of tile ...,1ollll8Jlt relationship between auano and tile City, or raaul.tiA9 froa the City'• subsequent failure to rabire bar, whether such claill ia baaed upon tile provisions of -y clai.11114 CODtr..:t, any of tile City' a ordinances or resolutions, or tbe proviaiona of any state or federal statute. aueno further a9reem t.bat ab9 &hall, forthwith, cause to have her court complaint, ' -• all clai-therein atated, di.aiaaed, with prejudice. DoDa thia ~~day of April, 1910. cm or a~ aY linaard v~ lirardini City Attorney • I ;· i ~ . I \ -~ " ·-: ' .. ·. ·: t :' ·' \ I. !~ ,. ., . .__. ''.!. ._ ... _! I • .·- - . - • 'l • " • .. ' . I ! .. ~ l 1 1 ' I ' ' -I .. • • • ftia "9r-at ia -.s. thia __ day of April, 1'10, by -d be-n ltathleen •-no ("Bueno") and the City of &n<fl-.ood ("City"). I. Preaisas 1.1 a..-oo haa heretofore instituted suit against the City, under Title Vll of the Civil Rights Act of 1964, aa , ... ded, in the United States District Court for the District of Colorado, in which litigation Bueno clai...S that tbe City, p..rsll&Jlt to a Wlifora policy, discriAinated against Mr loeca .. e of her M&. In such litigation, Bueno aoUCJht relief in the fora of an order of rainsta-nt, bacltpay, att.onaey•a f .. a and other affiraative relief. 1.2 ~ City has denied, aad still deniea, that it COllaitted any violation of said Act and has denied, and still deniea, that Bueno is entitled to any legal relief of llllJ' -tare. l.l aou. parti•• herato are deairoua of fully aa4 ...... l•~lr .. ttlia9, COllproaising and finally disposin9 of -id liti9•ti-in accordance with the terma hereof. 2.1 'ftte City agrees to pay to Bueno the s\a of five thouaaad ($5,000) dollars siaultaneoua with the execution of tllia J19r-t, receipt of which is acknowledged by lueno. 2.2 The parties hereto aqree that none of said pa)""eftt shall be considered to be the payaent to Bueno of bacltpay. Rather, it is agreed such p&)""ent shall constitute a reillb..rs....,t to Bueno of the attorney's fees incurred by her in the prosec~tion of the above described litigation, i n the -airoaiaate ...,unt of $1,500, and the remainder thereof aa a peymea.t to her aa an induc-nt to her to waive and aur- render any claia .,....ich Bueno aay believe she aay have to be reiaatated to her foraer position with the City. • .\ •· i.;: ... , I , I 1· r I ;. . ! : \ ·~ -· . ' ':·: .-1 ,, I • • - - -··-. ,!~ . .,: ·. ,·. ..... ~ ,J ;. ' i.• ,· . ·,., •, • 1 •• ,. ':·-·-- _'.~. ~-~·:. .. · . : · .. " -:.'t •·, ' ~ ~ i 1 j : · l t·.· ~ ., 1 · ... ! I I ' • i + I -~ --.. ' ! '. • I·. , .. _: __ ., .. ' ,• " .) • • • • 2. J Ia -ide':ation of said pa~t. auano a9r-• to, aa4 cloea beretty, ralaaae all clai.aa of every nature and kind, •1c:h aha -y ba-, or -ll' claia to have, a9ai ... t the City, ariai .. out of tba ...,1oyaent relationship between Bueno and tba City, or raaultin9 from tbe City's subsequent failure to rellire bar, wt.ether auc:h claia ia b.aaed upon the provisions of aay c~4 CDDtract, any of tba City'• ordinanc .. or resolutions, oc U.. proviair>na of any atata or federal atatuta. Dueno further a,reee tbat Dba aball, forthwitb, cause to have her court c011plaint, Dal all cla1-tbereia stated, diaaiaaed, with prejudice. DoDe this __ dAy of April, l'IO. CITY OP EllGI.Et!OOD DY • .. =.._=-r_,d..,V .. ~_,h,_r_a_r-d"1~n~1--- City Attorney ltithiw •- • ! I t ~ . I i·:. i·" ~ , ' I · , .... ! •. ., --.: • :., .. \ ·.,\ . \ . _,, (•. '. 't • I. -~ ·-.• ' : -i:. . ~ -·: .· ., .. :, , .... .. ..... ; .. ... '· :. ... ' , . .. i J I • - • • • • 8 A~ C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT April 2, 1980 A AID TO O'l1IER AGENCIES INITIATED BY City Manager ~il\._ ~~-=-~-='----.,~,~~~~~~~~~~~~~~~~~~~~~~- ACTION PROPOSED Council provide direction on additional requests for funding. INTRODUCTION Each year City Council sets aside money in their budget to provide aid to certain non-profit agencies serving the community. BACKGROUND <.'In this year's budget, $25,000 has been set aside in Council's budget under the Aid to Other Agencies account. To date, the following contributions have been made: Inter-Faith Task Force Englewood Parade Town of Littleton Cares, Inc. League of Women Voters *Arapahoe House Total $10,000 2,500 1,000 700 5,550 $19,750 * Amount to be given to Arapahoe House is based on 11110unt generated by increase in liquor fees approved several years ago. Will probably be somewhat higher • Council currently has two additional requests for funds: $1,000 from the V.F.W. and $7,500 from Eco-Cycle. Copies of their requests are attached. CONCLUSIONS AND RECOMMENDATIONS We request Council's direct i on on these requests for funding. • I • • - • • J • SUGGESTED ACTION: • MOVED sv· __________ _ I . SECOND·------------ YES ___ _ NO ____ ABSENT _______________ _ - • • • VF.We EIGLEWOOO POST •O. lZ2 _s-dl __ S_ E ........ ,C ......... 111 T ...... 111-- Hayor Eueene r .• Otis 3400 S. ElRti St Enr.lewood, CO. POllO Dear Sir. • • • \le would like your help in obtaininr:; a .~:1,000. cl.onation from t.he ~n [h·wood Ci t y Cn uncj_l tol'rc>nl oti.r fund raisine.; p roerar.1 for pt~hasin e; television sets for t 11e patients at tlte Vetercr1s ;.dr.:.inistration Eo spitRJ. f0f;t. 322 Yet.cra ne o f :r'o reicn ~·ic-.r s ::::r.[l e,·:or_,c\, er. r r ·J.10 VETERANS OF FOREIGN WARS OF THE UNITED STATES I • - <• • • March 4, 1980 Littleton-Englewood Recycling, Inc. ECO -CYCIZ 2301 w. Belleview Littleton, Colorado 80120 Honorable Eugene otis, Mayor Englewood City Council Englewood, Colorado 80110 Dear Mayor Otis: • • • : -.. .-... ~ .. i :..," ... , 'nle Littleton-Englewood Recycling, Inc. Board of Directon would like to present to the City Council of Englewood a request for funding in the amount of $7,500. As you may know, ECO-CYCIZ as we are called, ia a non-itrofit O:njaniaation devoted to the recycling of waste -terials and the conservation of •-rw, natural resources, and hwnan resources. 'ft\e United State• citi•n has for too long been on a 'throw-away' path in the use of the world'• -taral r990aroea. It is now ti-to put forth a concerted effort to aaw thoee w-te prodw:ta which can be reused. In the past, both the Littleton and En9l.-ood City Council• .._ •...,art.ed this project with fanding (Littleton and En9ll!WOOd contributed $7500 each as 'seed' monies in our beqinning) as well as in-kind -snrtoea, ie. , placing info-tion about ECO-CYCLE on water bill• and in -thly or aeasonal -l•tten. Littleton has recently pled99d $5,000 to our 01"9aniaation aftd..,. pn9ently use their old s-age treatmmnt plant for our collection center. In addition, they have helped with yard cleanup and le9al -rvicea •• neceaaary. Individual Council Mellbera support ECO-cYCU: by plaein9 their reeyelahle 9DOdll on the curb for our curb-side pick up each -th. In addition to recycling of wute -teriala, -belie,,. -offer uwther service to the comiunity. Volunteer 9ro'111'9 arri,,. at the plant aite each Saturday to work on our Saturday pic:lt up. Por thi• they reoeiw UOO toward so!N! special project they may be worltin9 on. 'ftw •t:aff at the Arl!PMOe C-ty Comp rehensive Education and Traininq Act (CZTA) Center worlt with soo-crcr.s to establish positions for persons considered unemployable. Our enth•iastic MW Plant Coordinator, Hr. Paul Berteau, is presently worltin9 with Cl!Tll. to thi• end. Until ECO-CYCLE become s a co111pletely self-sufficient operation (at sac:h tiaie when at least 25' of our cities' citizen• participate), -ask ~~at both Littleton and Englevood continue to support ua with in-kind ... d c.'\Sh contribw- tions. I would be pleased to discuss this -tter further vi th co-eil at yoar earliest con•1enience. Y~C<ulY.' . ~~ Harjo~er r.hairaan, Board of Director• CCI <;ail Olriaty, Ci~ ....... r City of Littletoa I • - (• • • <• • • • • ATTACHMENT 1 LITTLETON -ENGLEWOOD RECY~LING, INC. ECO -CYCLE YEAR END STATEMENT -JANUARY TO DECEfotiER. 1979 Savings Account Tools Purchase Office Furniture Office Machines Vehicle Purchase Cash on Hand December 31, 1979 $10,000.00 218.16 53.64 650.92 9, 721.42 $20,643.14 1I113.04 $21,756.18 EXPENSES FOR THE YEAR 1979: Building Maintenance S 262.76 Office Supplies & Housekeeping Postage Salaries Expense Health Insurance Exp. Workman's Compensation Expense Unemployment Insurance Expense Volunteer Expense Gasoline Expense 423.02 45 .50 31,238.86 2,373 .81 971 .38 131 . 01 3,350.00 (Ave. $175 .00/111>.) 2,110 .57 Vehicle Ma in tenance Expense Vehicle Repair Expense Mileage Expense Insurance Expense 1,20 7.24 1,464 .53 199 .39 (Vehicle & Bond ) 4,518.31 Utilities Expense (Water Phone & Trash Col.) Dump Fee & Weight Ticket Expense Tool Rental Expense Advertising Expense Fees Expense Miscellaneous Expense Loss to Theft & Accident 588.61 62 .00 167.80 651.07 118.35 514.50 102.96 $50,501.67 TOTAL ASSETS Notes Pay·a.ble (Dump Tr.)$296. 72 CRCA 6 Mo. @ $25/mo. ~,00 R .... r·· fi _.n. -r-~. • . ' .. i -' ' r._ 'J ·-: ~ .. -~ ... · rrnR 31 1980 C17Y ~.:l:~: r. ;~--·~ "~"r-·· ti'tG i r·.: .... il INCOME FOR THE YEAR 1979: Paper Sales 539.5 Tons Purchased 1,006 .n'.i @ $112.9/Ton $ 9,181.82 Cardboard Sales 4889 lbs. 60. 78 High Grade Paper 0.00 Scrap Metal Sales 61.82 Tons Purchased Approx. 500 lbs. ~ S 3.75 1,181.67 Glass Sales 57.65 Tons Purchased Approx. 2,304 lbs.~$21 .so 1,410 .00 Aluminum Sales 14,018.83 lbs. or 8.777 Tons Purchased $138.AO No weight estimate2,64 9.8B Tire Sales 123.00 Battery Sales 304.23 Oil Sales 48.00 Appliance and Bench 32.50 Donation 143. 50 Miscellaneous Income 132.06 Pa.vrol l Expense Reimbursement Salary" Workman's Comp. Health Insur. Mileage SlS.267.45 33,272.76 $29,976.17 971 . 38 2,281.61 43.60 I • - c• • <• • • • • LI TTLETON -ENGLEWOOD RECYCLING, INC. ECO -CYCLE YEAR END STATEMENT -JANUARY TO DECE~ER, 1979 page 2 ACCOUNTS RECEIVABLE: Paper Sales Glass Sales Aluminum Sales Salaries Reimbursement for December, 1979 Ti res $4,618.50 428.25 0.00 748.08 75.00 $5,869.83 .· I . • --·-- - • • . . • • • • ATTACHHF.NT II (Assuming 201 inflation rate projected from January, 1980 Consumer Price Index) Expen:ses: Building Maintenance (current site) Office Supplies & Housekeeping Postage Salaries Expense (staff of 8, 7 funded through CETA) Health In:surance Expense Workmen':s Compensation In:surance Unemployment ln:surance Volunteer Expense (Saturday curbside pickup:s, community organizations) Gasoline Expense Vehicle Maintenance (4 used school buses, l 1959 dump truck, 1 1973 two-ton van) Vehicle Repair Mileage (for use of personal vehicles@ $.15 per mile) Vehicle Insurance Utilities ~dvertising (Public Relations) Lo:ss to Theft & AcctdPnt Miscellaneous TOTAL $ 315.31 507.62 511. 60 55,486.63• 2,8118.579 1,165.66• 157.21 3,350.00 2,532.68 l, 11118. 69 1,757.1111 239.27 5, 1121. 97 706.33 781.28 1?.l.55 .L_035 • .!~ $77,931.99 •seven staff positions are fully funded through CETA, including wages, health insurance, and workman's compensation for a projected total of $40, 486. 63. The Coordinator's salary for 1980 ($15,000.00) is also totally funded (see Addendum, Attachment III) . -_ __,___ ·--. -·------.------ • I • • - ' .·. • • • • • • ATTACHMENT II, Page 2 (Assuming an additional 201 average inflation rate) Expenses: Total Salaries Expense (including benefits, workMan's compensation and unemployment insurance) at an 81 rate of inflation Volunteer Expense (standard rate no inflation) Building Maintenance and Office Supplies Gasoline Vehicle Maintenance Vehicle Repair Mileage Vehicle Insurance Advertising Loss to Theft and Accident Miscellaneous TOTAL $64,430.72• 3,350.00 1,053.04 3,039.22 1,738.43 2,108.93 287. 12 6,506.36 937.54 14 8. 26 1,252.22 $ 811:851:-84 •CETA should fund a projected total of $44,820.93 of the salary expense • • I • • - • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE April 3, 1980 AGENDA ITEM 8 B SUBJE.'CT SINCLAIR POOL RESURFACING ~/~. · .. -~;·· .. . ' . ,•:' ...... INITIATED BY~~~~P~a=r~k=s_&=-=R=e~c=r~e=at=i=o=n~De:;..=..cpa==-r~tm~en~t:;.._~~~~~~~~~~~ ACTION PROPOSED·~~-A~w~a~r~d~o~f~C~o~n~t~r~ac~t~f~o~r~S~i~nc~l~a~ir:;;....::Poo..::;.;:;~l~R~e~s~urf::.=a~c~in~g.__~~~~~ INTRODUCTION: The Sinclair Pool was constructed in 1966. The pool was first replastered in the spring of 1974 at a cost of $2. 25 per foot ($17, 311). J and J Plastering did the work. Visibly loose plaster was removed and the entire pool was resurfaced at this time. During the following season the original plaster continued coming loose and subsequently the new plaster surface started peeling off. The ordinary life of the I' plaster surface is ten years. f I • During the 1979 season, the plaster walls of the pool deteriorated rapidly. Large areas of plaster fell off making it dangerous for bathers, hard on the filtration system and caused the potential for major structural damage to the pool. FINANCIAL DETAD...S: $20, 000 was bUdgeted in the 1980 Sinclair Pool C.apital Improvement account. RECOMMENDATIONS: All pool plastering firms in the Metro Area were contacted and invited to bid. The work was to include: (1) drain and fill pool; (2) remove all visible loose plaster and chip the entire surface with air hammers at three inch intervals; (3) replaster pool; (4) repair all damaged tile . Only one firm bid on the work. Their bid was as follows: Rocky Mountain Pool Builders, Inc. Drain and refill pool Repair tile Re s urface pool (2. 51 per ft.) Total 255.00 163.00 19,076.00 $19,494.00 The bid includes a one ye a r guaranree. While work is in progress inspections will be • I • - • • • • • --·-----------·------------- Sinclair Pool Resurfacing Page -2- ----·---··-. -- made by the Parks and Recreation Department and the Engineering Services Depart- ment. After thorough investigation of Rocky Mountain Pool Builders, Inc., and because the bid is within the funds budgeted, it is our recommendation that the bid be awarded to Rocky Mountain Pool Builders, Inc. in the amount of $19, 494 . SUGGESTED ACTION: MOVED BY------------~ SECOND _____________ _ YES ____ NO·~---~ABSENT~------------------ • • I . • - - • • ''" • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT A ril 3 1980 p INITIATED BY Richard , Development ACTION PROPOSED Approve out-of-state trip for Richard s. Wanush INTRODUCTION: A seainar entitled "Competing successfully for Action Grants on the new E.D.A. Urban Development Funding Progra•" is being held fro• April 10th to 11th in Arlington, Virginia. The inforaation gathered during this seminar will be helpful in assisting Englewood in developing economic C' development prograas. FINANCIAL DETAILS: Funds will coae out of the co .. unity Development Block Grant funds. RBCOIOIBNDATIOlf: Approve the out-of-state trip for llr. Wanush • -~------------ • • I . • - • • - • • SUGGESTED ACTION: MOVED ev· __________ _ . YES ____ NO. ____ ABSENT· _______________ _ f IL~sEc=oN~D~~~~~~------~~~~===~~ . ~ -----iiiii!liiiiiiiiiiillliiiiiiiii~iiiiiiiiiiiliiii~. ~ • I I . • - • • ( C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJ~T April 3. 1980 APPOIN'l'KENT TO DOWNTOWN DEVELOPMENT AUTHORITY INITIATED BY City Manager >JWL I ACTION PROPOSED Consideration by City Council of recom11endation of Downtown Development Authority Introduction The Englewood Downtown Development Authority has requested that City Council appoint Mr. James A. Artzberger of Cinderella City to their Board of Directors to fill an unexpired term which runs through June 30, 1983. A copy of their request is attached. ( Backsround The Downtown Development Authority Act, Section 31-25-805, provides for the appoint- ment of a board consisting of not leas than five nor 111>re than 11 mellbera appointed by the governing body. The authority currently has a vacancy on their Board of Directors. Financial Consideration None. Conclusions and Recoimiendationa Request Council to consider recommendation of Downtown Development Authority. • SUGGESTED ACTION: MOVED BY • • I • ( SECOND YES NO ABSENT --- • • - - • • • • • ( Englewood Downtown Development Authority ( ( • 3535 South Sherman Street Englewood. Colorado 80110 phone (303) 781-7885 March 27, 1980 Mayor Eugene L. Otis and aeabera of !nglewood City Council City of !nglwood 3400 South Elati Street Englewood, Colorado 80110 Gentlemen: : . .: I 't .. 1:N; 27 ·1980 The F.nglewood Downtown Development Authority Board of Directora wishes to place the name of Jaae1 A. Artzberger of Cinderella City before the Council as a n-inee to fill the vacant Board position. This term is not for a full four year1 and will expire June JO, 1983. Mr. Artzberger has been contacted and agreed to serve, if appointed. JTK:ct cc: J. A. Artzberger ~incerely, ..! } f/. ' :'(Jti~ /,t::.i.J ... .ll~~ ·J-es T. leller, II l,,./ Executive Director • ; -~-f f .•• I • • - • • ( • • • MEMORANDUM TO: Andy Mccown, City Manager FROM: Ernest P. Romans Director, Parks & Recreation DATE: April 3, 1980 SUBJECT: Golf Fees ln response to your request for information on Englewood golf fees, I asked Jerry King, Englewood Golf Pro, to survey the surrounding courses. See copy of survey attached. The staff has reviewed the fee schedule for both seniors and the regular fees and recommend that no change be made in the golf fees for 1980. ( Daily green fees for seniors in Englewood are a little higher than other courses in• cluded in the survey but Englewood offers an annual membership to seniors for $70. 00 which other courses do not offer. Statistics show that 90}b of all annual memberships at the Englewood golf course are purchased by senior citizens. The golf course staff has estimated that the seniors holding annual membership cards play an average of 112 times a year. It is these seniors that use the course in the winter on good days and usually play three to four times a week in the summer. These annual member• ships are good for twelve months instead of just the remaining months after purchase as is the case at other courses. The average Englewood senior holding annual member- ships is paying about sixty-two cents for every nine holes of golf. About 203 of the seniors play eighteen holes which would reduce their cost to about fifty-four cents for every nine holes. As to the regular fees, we feel that Englewood daily green fees are also in line with the surrounding municipal courses. In fact, they are slightly lower but this is to compensate for the fact that we are still a nine hole course. Please note in the survey that only three out of seven courses charge a nonresident daily fee. These are the older courses with a great deal of play and show every year healthy revenues over expenditures. The rest of the courses, as with Englewood, need to boost revenues and do not have a nonresident fee. Englewood residents will always have priority over nonresidents for tee times at the Englewood oourse. Resi- dents can call in three days in advance for tee times whereas nonresidents have only two days. It is the intent of the staff to consider recommending an extra charge for nonresidents when the Englewood course becomes overcrowded and the finances are on the positive side. We would like to point out that Englewood has the lowest annual membership fee for ( residents than any of the other courses. This is again due to the fact that we are still a nine hole course. Englewood discourages nonresident annual memberships by charg- ing the highest fee shown in the survey. (continued) • • I • - - ,· ( ( • • ( Golf Course Fees Page -2- • • • Without depreciation costs charged against the revenues, the Englewood golf course showed a loss of $59, 042 in 1 "77. $16, no in 1 "78 and $9, 229 in 1 "79. These figures indicate that the course would have realized a favorable balance within the next few years. However, in 1980 the second nine holes will need to be maintained with no in- come being realized until 1981. In 1981, with the full eighteen holes available, we predict a 25 to 303 increase in play. The increase wll be restricted because of having to operate in 1981 from the old club- house with only eighty parking stalls, restricted golf cart storage and golfers walking a long distance back to the clubhouse. As soon as the new clubhouse is available we expect the play to increase another 303. Revenues from concessions, golf carts, pro shop and food should increase proportionally. It appears that the golf course will take another two to four years to overcome depreci- ation costs and cost of maintaining the second nine holes with no revenue return. 1bere is no doubt that an increase in golf fees will be recessary in the coming years. When the staff can determine more definitely the time when the trail bridge across the Platte River can be completed and the new clubhouse constructed, a report will be made on expected future revenues and expenditures for the next five years. Attachment • • -I I . • - ( 9 lble 18 lble Course --. Weekday Engl~ 3.00 5.00 Golf Course South Di.st. 3.00 5.00 Suburban NR 3.50 6 .00 C'..olf Course Foothills Dist. 2.50 Dist 4 .50 Golf Course NR 3.00 5.50 Overland Denver res. Den. res. Golf Course 2.75 4.75 (. Other Other 3.50 6.25 Indian Tree 3.00 5.00 C'.olf Course llyland 3.00 5.00 Hills Colf Course --Aurora Hills 3.00 5.00 Golf Course ''<operated by City of Aurora ~rnlow I !ills 3 .25 5.50 Cblf Course '~operated by City of Aurora ( --....---· ------ • • • • OOLF OOUHSI ~: FEES Regular 9 lble 18 Hole Weekend/ Weekend/ lblidav lblidav 3.25 5.50 3.00 5.00 3.50 6.00 3.00 5 .00 4.00 6.00 .Den. res. Den. res. 2.75 4.75 Other Other 3.50 6.25 4 .00 6.00 4.00 6.00 3.50 5.50 lf.00 6 .50 Q Annual Fee I Res. weekday 85.00 Non-resident weekday 100. 00 Res. 7 day 125.00 Non-resident 7 day 175.00 plus .25 ro. 9 holes Di.strict cnly 100.00 Weekday on;l.y No weekend pass plu::; .25 e..i . 9 holes Di.strict only weekday 115.00 seven day 170.00 plus .25 ea. 9 roles Denver residents cnly weekday cnly 125.00 plus . 50 ea. 9 holes . 75 ea. 18 roles Di.strict cnly weekday 80.00 7 day 125.00 plus .50 ea. 9 or 18 roles District only 7 day 115.00 weekday 75.00 plus .25 ea. 9 roles 00 ANNUAL ~ll' OFFERED 00 MN1AL ~RSHll' OFFERED I . • - ( Cour~e Engl~ Golf Course South S11h1 1rh.."ln <;, 11 · Ux.tn><.: l·i >< 11:hills <;,1 r Coun;c Overland Golf Course Indian Tree i; ii r U>U1 :sc ·-· ( lly land Hills Golf Course Aur.ora Golf Course •':operated by City of f'.urora r""ll ~·k:: u luw ll ills C:u lf Course • ·::opl!rated by Cit:y of /\urora - • ( • • • • SENIOR oou· CX)Ul{.')E FEES (weekday only) 9 Hole Fee 18 Hole Fee (any sr.) (any sr.) 2.50 4.00 Di.at. only 2.00 Di.at. only 3.00 Other sr . 1 .50 Other. Rr. 6.00 Dist. on l.y 2. 00 Dist. only 3.50 01:1 ll!C :; , .. J.00 Othcc sr . 5. '.)() Denv. res. 1.00 Denv. res. :L.oo Other sr. 3.50 Other sr. 6.25 No Senior Fee Avail.able No Sr. Fee Avail.able l~ul:11: 3.00 Regular 5. 00 No Senior Fee 1-.vail.able No Sr. Fee Available Regular 3.00 Regular 5.00 (any sr.) (any sr.) 1. 75 2.75 (any sr.) (any sr .) 2.25 3.75 • .1\nnL1:1l Fee Resident 70.00 ! ! (1 yr. fran date of appl.) I Non-resident 100.00 plus • 2.5 ea. 9 holes Dist. only 75.00 ii (.T11n. 1. to Jan. 1) plus .z:; ....... 9 holes II ;1 Non-resident -none offered ,, ij Dist. only 60.00 ii plus .ZJ <~1. 9 holes !j Non-resident -none offered ID ~ 1'E1BERSliIP OFFERED !' i Dist. only 70.00 ! plus . 2.'.:i {.!;l. 9 holes i 7 day 100.00 Non-re.c;idmt: sr.. none D plu::; . '.l'.i Wl..'Cl<llay. . 50 wt..-'elw.1u Dist. on~ 45.00 ! plus . ea. 9 h:>les Non-resident sr. none : : m~~OFFERED ! : 00 ANNl.k\L ~IP Ol1.l"ERED l I I .