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Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 Meeting Agenda

City Council

Tuesday, October 15, 2019 6:30 PM Council Chamber

Regular Meeting

1. Roll Call

2. Pledge of Allegiance

3. Approval of Agenda

4. Public Comment

If you wish to address the under Public Comment, please sign-in on the public speaker form, before the call to order for this meeting. Each speaker will be limited to three minutes. The city council is not authorized by the Open Meetings Law to discuss comment or take action at the meeting on any issue raised by public comment that is not part of tonight's agenda. The may refer the matter to staff to obtain additional information and report back to the Council as appropriate.

5. Consent Agenda Items

Consent agenda items can be adopted by a simple motion. All ordinances must be read by title prior to a vote on the motion. Any consent agenda item may be removed at the request of a Council Member. a) Resolution Resolution 58-2019: Adopting the 2020 Fee Schedule 58-2019

Attachments: Resolution No. 58-2019 Exhibit A to Resolution No. 58-2019 2020 Fee Schedule_red-lined b) Resolution Resolution 50-2019: Approving an Intergovernmental Agreement with Mile 50-2019 High Flood District for construction of drainage improvements for Lee Gulch at Broadway

Attachments: Resolution No. 50-2019 IGA for Lee Gulch-Broadway Lee Gulch - Final Plan Photo - IMG_1577

City of Littleton Page 1 Printed on 10/16/2019 City Council Meeting Agenda October 15, 2019 c) Resolution Resolution 56-2019: Approving an Intergovernmental Agreement with 56-2019 Denver Water to allow construction of a storm drainage outlet into the at Windermere Street

Attachments: Resolution No. 56-2019 Littleton Storm Water IGA Windermere- High Line Canal_Storm Sewer and Plan Profile d) Resolution Resolution 51-2019: Approving an Intergovernmental Agreement between 51-2019 the City of Littleton and the City of for pavement rehabilitation on East Orchard Road between South Pearl Street and Broadway

Attachments: Resolution No. 51-2019 IGA for Roadway Construction Funding Exhibit A to IGA e) Resolution Resolution 53-2019: Approving the 2020 Operating Plan and Budget for 53-2019 the Highline Business Improvement District

Attachments: Resolution No. 53-2019 2020 HBID Operating Plan and Budget f) Resolution Resolution 54-2019: Approving the 2020 Operating Plan and Budget for 54-2019 the Aspen Grove Business Improvement District

Attachments: Resolution No. 54-2019 Petition for Approval of 2020 Operating Plan and Budget 2020 Aspen Grove Operating Plan and Budget g) Resolution Resolution 57-2019: Approving an Intergovernmental Agreement between 57-2019 the City of Littleton and the Colorado Department of Transportation for reimbursement of costs associated with operation and maintenance of traffic control devices on state highways within the city limits

Attachments: Resolution No. 57-2019 CDOT IGA h) ID# 19-281 Motion to cancel city council’s regular meeting on December 24, 2019 i) ID# 19-280 Approval of the October 1, 2019 regular meeting minutes

Attachments: 10-01-2019 - CC Regular Meeting - DRAFT

6. General Business

7. Ordinances on Second Reading and Public Hearing

City of Littleton Page 2 Printed on 10/16/2019 City Council Meeting Agenda October 15, 2019 a) Resolution Resolution 59-2019: Adopting the Envision Littleton Comprehensive Plan 59-2019 and Transportation Master Plan

Attachments: Resolution No. 59-2019 Comprehensive Plan - FINAL Transportation Master Plan - FINAL 10-09-2019: Memo RE: TMP edits PC Resolution No. 12-2019 - DRAFT b) Ordinance Ordinance 25-2019: Second introduction of an ordinance to be known as 25-2019 the "Annual Appropriation Bill," adopting the annual budget for all municipal purposes of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the fiscal year beginning January 1, 2020 and ending December 31, 2020

Attachments: Ordinance No. 25-2019 Staff Presentation_Budget Ordinances (No. 25, 26, 27, and 28) c) Ordinance Ordinance 26-2019: Second introduction of an ordinance establishing the 26-2019 tax levy of 2.0 mills to defray the costs of municipal government of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the City’s Fiscal Year beginning January 1, 2020 and ending December 31, 2020 and directing publication of the ordinance

Attachments: Ordinance No. 26-2019 d) Ordinance Ordinance 27-2019: Second introduction of an ordinance of the City of 27-2019 Littleton, Colorado, as the governing body of the City of Littleton, Sewer Utility Enterprise, adopting the 2020 budget and directing publication of the ordinance

Attachments: Ordinance No. 27-2019 e) Ordinance Ordinance 28-2019: Second introduction of an ordinance of the City of 28-2019 Littleton, Colorado, as the governing body of the City of Littleton, Stormwater and Flood Management Utility Enterprise, adopting the 2020 budget and directing publication of the ordinance

Attachments: Ordinance No. 28-2019

8. Comments / Reports

I. City Manager

II. City Attorney

III. Council Members

City of Littleton Page 3 Printed on 10/16/2019 City Council Meeting Agenda October 15, 2019

IV. Mayor

9. Adjournment

The public is invited to attend all regular meetings or study sessions of the City Council or any City Board or Commission. Please call 303-795-3780 at least forty-eight (48) hours prior to the meeting if you believe you will need special assistance or any reasonable accommodation in order to be in attendance at or participate in any such meeting. For any additional information concerning City meetings, please call the above referenced number.

City of Littleton Page 4 Printed on 10/16/2019

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(a) Staff Communication

File #: Resolution 58-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 58-2019: Adopting the 2020 Fee Schedule

Prepared by: Tiffany Hooten, Finance Director

PURPOSE: Does city council support adoption of the 2020 fee schedule?

PRESENTATIONS: Staff Presenter(s): Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: Fees are charged to customers, citizens, and other parties for city services and must be commensurate with the service provided. The fee should recapture the cost of providing these services. The fee schedule does not encompass all city-wide fees such as library and museum fees or license fees such as liquor and medical marijuana.

During the budget sessions September 7th and 24th, staff proposed increases to the sewer and stormwater utility fee schedule. The “red-lined” 2020 fee schedule is attached which includes comparative fee changes.

PRIOR ACTIONS OR DISCUSSIONS: These fee changes were discussed during the budget sessions held on September 7th and 24th.

ANALYSIS: Staff Analysis Staff reviewed the proposed fees and made recommended changes. The 2020 recommended fee schedule is attached as part of the resolution and referenced as Exhibit A.

Council Goal, Objective, and/or Guiding Principle The fee schedule is directly related to Goal 2 Financial Sustainability by providing a mechanism to fund services with fees.

Fiscal Impacts Annual sewer utility fees are proposed to increase by 3% for operational and capital needs of the sewer utility system. The estimated additional annual revenue in 2020 is $648,860.

Annual stormwater utility fees are proposed to increase by 40% for operational and capital needs of the stormwater drainage system. The estimated additional revenue in 2020 is $332,630.

The total impact to a single-family residence in 2020 is $21.63 annually or $1.80 per month.

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 58-2019, Version: 1

Alternatives Council can adopt fees as proposed, adopt differing fees or maintain fees at the 2019 level.

STAFF RECOMMENDATION: Staff recommends approval of the 2020 fee schedule.

PROPOSED MOTION: I move to approve the resolution adopting the 2020 fee schedule.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 58 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, ADOPTING 2020 CITY-WIDE FEES 9 10 WHEREAS, the city relies upon fees to provide services to customers and 11 citizens; and 12 13 WHEREAS, section 1-9-7 of the Littleton City Code provides that the council 14 may, by resolution, set fees for any city services, applications or appeals; and 15 16 WHEREAS, fees associated with the services provided by the city require 17 adjustment from time to time to account for the increase in costs to provide such services; and 18 19 WHEREAS, the city council has determined that it is in the best interest of the 20 city to review city-wide fees on an annual basis. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 23 THE CITY OF LITTLETON, COLORADO, THAT: 24 25 The city hereby adopts the 2020 Schedule of Fees, attached hereto as Exhibit A. 26 The attached 2020 Schedule of Fees supersedes all previous fee schedules 27 adopted by city council. 28 29 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

30 city council of the City of Littleton, Colorado, on the 15th day of October, 2019 at 6:30 p.m. at

31 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

32 ATTEST: 33 34 ______35 Wendy Heffner Debbie Brinkman 36 CITY CLERK PRESIDENT OF CITY COUNCIL 37 38 39 APPROVED AS TO FORM: 40 41 ______42 Reid Betzing 43 CITY ATTORNEY City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Fire Department Fee

Life Safety Division Permit Application Fee / ALL PERMITS $ 150.00 Building plan review with inspections (new construction) 0-10,000 sq ft $ 600.00 Over 10,000 sq ft $600.00 + $.035/sq ft over 10,000 sq ft Over 50,000 sq ft $2,000.00+$.03/sq ft over 50,000 sq ft Tenant Finish or remodel 0-10,000 sq ft $250 + $.035/sq ft Over 10,000 sq ft $600.00 + $.03/sq ft over 10,000 sq ft Over 50,000 sq ft $1,800.00 + $.025/sq ft over 50,000 sq ft Fire sprinkler / alarm systems 0-50,000 sq ft $200 + $.025/sq ft Over 50,000 sq ft $1,450.00 + $.02/sq ft over 50,000 sq ft Kitchen hood systems $ 150.00 Parking structures 1/3 new construction fee Other plan review (i.e., site, water, LPG, UST, AST) $150.00 with inspection $100.00 w/o inspection Hazardous materials inventory plan review $200.00 two-year permit Misc. Permits $ 150.00 Re-Inspection fee $150.00 (increasing by $100.00 for additional) Re-Issue of permit/plan review comments $ 25.00 Environmental Assessment $100.00 per address Hourly rate, review/inspection $ 80.00 Rush Processing Fee – three working days $500.00 additional Over the Counter Permit Fees (as time allows) Fire alarm/sprinkler $ 150.00 Tenant finish - less than 1,000 sq ft$ 200.00

Bike Medic/Fire Watch $80.00/hour per medic

Business - false alarms First three alarms $ - Fourth and fifth false alarms $100 each Sixth and more fase alarms Additional $100.00 per false alarm beyond fifth, to the $100.00 fee

Communications Center - audio tapes $30.00 plus $25 for rush

Police Department Fee

Police reports (additional $.25/page for each page over 10; $25.00 fee to research reports older than 1990) $5 for first 10 pages Police name check - w/letter $ 10.00 $2.50 - 3x5 each; $10.00 - Crime lab - photos 8x10 each Crime lab - video tapes $ 20.00 Crime lab - audio tapes $ 20.00 Crime lab - CD/DVD disks $ 20.00 Communications Center - audio tapes $30.00 plus $25 for rush Sex offender - initial registration $ 75.00 Sex offender - subsequent registration $ 25.00 Fingerprints - Residents Flat fee $ 10.00 Fingerprints - Non-ResidPer card $ 10.00 Fingerprints - Over two cards, per card, residents or non-residents $ 10.00 $6.75 surcharge per ticket E-Citation Surcharge or citation

Page 1 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Community Development Fee

Contractor Licensing A License $ 150.00 B License $ 100.00 C License $ 75.00 Specialty Contractors $ 50.00 Plumbers $ 50.00 Fee for lost inspection card $ 25.00

Electrical Permit Fees Residential: This fee includes construction of or remodeling of addition to: single-family home, condominium and townhouse. For service change use "ALL OTHER FEES"

Not more than 1,000 sq. ft. $ 50.00 Over 1,000 sq. ft. and not more than 1,500 sq. ft. $ 55.00 Over 1,500 sq. ft. and not more than 2,000 sq. ft. $ 85.00 Per 100 sq. ft. over 2,000 sq. ft. $ 5.00

ALL OTHER FEES: excluding residential above, shall be computed on the dollar value of the electrical installation, including time and materials, or whether they are provided by the contractor or the property owner.

Such fees shall be computed as follows: Not more than $350.00 $ 50.00 $350.00 - $2,500 $ 55.00 $2,501 - $50,000 $22.00 per thousand $ or fraction thereof $50,001 - $500,000.00 $21.00 per thousand $ or fraction thereof + $50.00 $500,001.00 and above $20.00 per thousand $ or fraction thereof + $50.00

Mobile Home $ 50.00 Re-Inspection Fee $ 55.00 Extra Inspections $ 55.00 Construction Meter $ 50.00

Page 2 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Planning Engineering

Annexation Varies <10ac: $10,000 $ ‐ 10+ac: $30,000 Initial Zoning $ 2,000.00 $ 775.00 Rezoning $ 4,200.00 $ 1,000.00 Admin PD Amendment $ 1,000.00 N/A General PD Plan Varies < 10ac: $6,000 Varies < 10ac: $3,250 10+ac: $12,000 10+ac: $4,400 Planned Development $ 6,500.00 $ 3,500.00 Overlay (PDO) Subdivision Exemption N/A N/A Admin Plat and Replat$ 1,000.00 $ 2,150.00 Preliminary Plat: $ 4,200.00 $ 2,400.00 Major Subdivision Preliminary Plat: $ 1,000.00 $ 1,750.00 Minor Subdivision Final Plat: $ 7,500.00 $ 3,500.00 Major Subdivision Final Plat: $ 2,000.00 $ 3,400.00 Minor Subdivision SDP/Site Plan: Conceptual $ 2,200.00 $ 1,250.00

SDP/Site Plan: $ 5,000.00 $ 5,500.00 Final Sketch Plan Varies < 10ac: $500 Varies < 10ac: $1,000 10+ac: $1,000 10+ac: $2,000 Subdivision Improvements N/A $ 2,000.00 Agreement

Conditional Use Varies Accessory to single N/A family: $1,750 All others = $3,000 Zoning Variance$ 275.00 N/A Minor Zoning Variance$ 70.00 N/A Appeal$ 500.00 $ 500.00 Certificate of Historic $ 500.00 N/A Appropriateness (Board Approved) Certificate of Historic $ 275.00 N/A Appropriateness (No Board)

Vested Rights Permit$ 1,500.00 N/A Zoning Letter$ 25.00 Customized letter: N/A $65.00 Temporary Use Permits $ 275.00 N/A Amplified Sound Varies Commercial:$50 N/A Residential: $25 Home Occupation$ 50.00 N/A Metro District Formation Varies 1/100 of 1% of the debt N/A Engineering review listed in the Service Plan included in planning fees Drainage Master Plan N/A $ 1,000.00 Grading Permit N/A Varies <1ac: $300 1‐ 10ac:$1000 10+ac: $3,000 Phase I Drainage Report N/A Varies < 10ac: $2,000 (includes letter amendments 10+ac: $4,000 or updates) Phase II or Phase III Drainage N/A N/A Report (includes letter amendments or updates)

Floodplain use permit N/A $ 800.00 Special Exception Permit $ 500.00 $ 4,200.00 (floodplain management)

Drainage Conformance N/A $ 750.00 Letter Traffic Impact Study N/A Varies < 10ac: $1,000 10+ac: $2,000 Traffic/Trip letter N/A $ 250.00 Traffic Signal N/A N/A

Page 3 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Construction Plans N/A Varies <10ac: $9,000 10+ac: $16,000 Vacation of Right‐of‐way N/A $ 600.00 Vacation of Easement N/A $ 600.00 Easements, Warranty Deeds, N/A $ 650.00 Revokable Licenses

WCF Wireless $ 1,500.00 N/A Communication Facility (Private)

Fees are based on three rounds of review. 4th review = 50% of initial fees, 5+ review = 25% of initial fees.

Plan Check Fee 65% of permit fee Plan Review (expedited plan reviews when requested by architect, owner, or builder shall be double the normal plan review fee Investigation (work without a permit) Double the permit fee Inspection (normal business hours) $50/hour Inspection (outside normal business hours) $100 minimum paid in advance ($50/hour after two hours)

Re-inspection $ 50.00 Subsequent permits after the Master Plans have been $ 250.00 reviewed, in single-family detached residential projects

Neighborhood Parking Permit $ - Rental property annual license $10.00 per property

Rental Housing Inspection fees Initial inspection $ - Re-inspection $ - Second re-inspection $100.00 per unit inspected Third re-inspection Summons to municipal court

Building Permits TOTAL VALUATION $1 - $500.00 $ 25.85 $501 - $2,000.00 $25.85 for the first $500 plus $3.35 for each additional $2,001 - $25,000.00 $76.17 for the first $2,000 plus $15.40 for each $25,001 - $50,000.00 $430.37 for the first $25,000 plus $11.11 for each $50,001 - $100,000.00 $708.12 for the first $50,000 plus $7.70 for each additional $1,000 or fraction thereof, to and including $100,001 - $500,000.00 $1,093.12 for the first $100,000 plus $6.16 for each additional $1,000 or fraction thereof, to and including $500,001 - $3,557.12 for the first $500,000 plus $5.23 for each $1,000,000.00 additional $1,000 or fraction thereof, to and including Greater than $6,172.12 for the first $1,000,000 plus $4.02 for each $1,000,000.00 additional $1,000 or fraction thereof

Note: There are fee exemptions listed in the city code 4-1-5C for residential solar, geothermal, wind generators and

Outdoor merchandise display No Fee

BUILDING VALUATION DATA

The unit costs are intended to comply with the definition of “valuation” in the adopted codes and thus include the architectural, structural, electrical, plumbing and mechanical work. The unit costs also include the contractor’s profit, which should not be omitted. Below is a partial list of occupancies and types of construction. The Building Official shall have the final determination on the type of construction, occupancy, and unit cost.

*Unit Costs per Square Foot Occupancy Group 1A 1B II A IIB III A III B IV V A V B A-1 Assembly, theaters w/ stage $ 211.15 $ 203.98 $ 198.05 $ 190.05 $ 178.30 $ 173.30 $ 183.31 $ 162.97 $ 156.05 A-1 Assembly theaters w/o stage $ 193.16 $ 185.99 $ 180.74 $ 172.03 $ 160.31 $ 155.36 $ 165.32 $ 145.04 $ 138.12 A-2 Assembly - nightclubs $ 163.22 $ 158.56 $ 154.17 $ 148.00 $ 138.96 $ 135.24 $ 142.52 $ 126.06 $ 121.36 A-2 Assembly, restaurants, bars $ 162.22 $ 157.56 $ 152.17 $ 147.00 $ 136.98 $ 134.24 $ 141.52 $ 124.06 $ 120.36 A-3 Assembly - churches $ 195.10 $ 187.93 $ 182.66 $ 174.00 $ 162.21 $ 157.26 $ 167.26 $ 146.94 $ 140.00 A-3 Assemblies – community halls, museums, $ 163.81 $ 156.64 $ 150.39 $ 142.71 $ 129.91 $ 125.96 $ 135.97 $ 114.63 $ 108.71 libraries

Page 4 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

A-4 Assembly- arenas $ 192.16 $ 185.00 $ 178.74 $ 171.06 $ 158.31 $ 154.36 $ 164.32 $ 143.04 $ 137.12 B- Business $ 164.76 $ 156.78 $ 153.49 $ 145.97 $ 132.45 $ 127.63 $ 139.92 $ 116.43 $ 110.93 E - Education $ 176.97 $ 170.85 $ 165.64 $ 158.05 $ 146.37 $ 139.00 $ 152.61 $ 127.91 $ 123.09 F-1 Factory& industrial – moderate hazard $ 97.87 $ 93.28 $ 87.66 $ 84.46 $ 75.44 $ 72.26 $ 80.79 $ 62.17 $ 58.48 F-2 Factory & industrial – $ 96.87 $ 92.28 $ 87.66 $ 83.46 $ 75.44 $ 71.26 $ 79.79 $ 62.17 $ 58.48 low hazard

H-1 High Hazard - explosive $ 91.74 $ 87.15 $ 82.53 $ 78.33 $ 70.50 $ 66.31 $ 74.66 $ 57.22 NP H 2, 3, 4 High Hazard $ 91.74 $ 87.16 $ 82.53 $ 78.33 $ 70.50 $ 66.31 $ 74.66 $ 57.22 NP H-5 HPM $ 164.76 $ 156.78 $ 153.49 $ 145.97 $ 132.45 $ 127.63 $ 139.92 $ 116.43 $ 110.93 I-1 Institutional, supervised environment $ 164.82 $ 159.04 $ 154.60 $ 147.90 $ 135.84 $ 132.25 $ 144.15 $ 121.88 $ 117.55 I-2 Institutional –Hospitals, $ 277.07 $ 271.09 $ 265.80 $ 258.26 $ 243.90 NP $ 252.23 $ 227.88 NP nursing homes

!-3 Institutional - restrained $ 187.72 $ 181.73 $ 176.45 $ 169.00 $ 156.44 $ 150.82 $ 162.87 $ 140.63 $ 133.13 I-4 Institutional – day care facilities $ 164.82 $ 159.04 $ 154.60 $ 147.90 $ 135.84 $ 132.25 $ 144.15 $ 121.88 $ 117.55 M Mercantile $ 121.57 $ 116.92 $ 111.53 $ 106.36 $ 96.96 $ 94.25 $ 100.88 $ 84.07 $ 80.36 R-1 Residential - hotels $ 166.21 $ 160.43 $ 156.00 $ 149.29 $ 137.39 $ 133.80 $ 145.70 $ 123.43 $ 119.10

R-2 Residential - multifamily $ 139.39 $ 133.61 $ 129.17 $ 122.47 $ 111.23 $ 107.64 $ 119.84 $ 97.27 $ 92.94 R-3 Residential – one and two family $ 131.18 $ 127.60 $ 124.36 $ 121.27 $ 116.43 $ 113.53 $ 117.42 $ 108.79 $ 102.00 R-4 Residential – assisted living $ 164.82 $ 159.04 $ 154.60 $ 147.90 $ 135.84 $ 132.25 $ 144.15 $ 121.88 $ 117.55 S-1 Storage – moderate hazard $ 90.74 $ 86.15 $ 80.53 $ 77.33 $ 68.49 $ 60.31 $ 73.66 $ 55.22 $ 51.53 S-2 Storage – low hazard $ 89.74 $ 85.15 $ 80.53 $ 76.33 $ 68.49 $ 64.31 $ 72.66 $ 55.22 $ 50.53 U Utility, miscellaneous $ 71.03 $ 67.00 $ 62.71 $ 59.30 $ 52.86 $ 49.43 $ 56.33 $ 41.00 $ 39.06

Page 5 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Public Works Fee

Permit fee calculation formulas for excavation in the public right-of-way Construction Type Units - Only includes portion in R.O.W. (l.f. Fee Calculation Formula - number Asphalt l.f. 1 Bore - bore pits # of bore pits 4 Bore - horizontal l.f. 1 Bore - vertical l.f. 4 Concrete - apron l.f. 1 Concrete - chase section l.f. 1 Concrete - curb and gutter only l.f. 1 Concrete - curb cut l.f. 1 Concrete - monolithic curb, gutter and walk l.f. 1 Concrete - pan l.f. 1 Concrete - pavement l.f. 1 Concrete - sidewalk only l.f. 1 Concrete - valley gutter l.f. 1 Concrete - wheelchair ramp l.f. 1 Monitoring well # wells 2 Other (if none of these categories apply) 6 Pothole for utility locates or pavement design # potholes 3 Traffic control plan review only - no digging 5 Unpaved l.f. 1

Total permit fee = sum of all the above applicable fees for the job

Formula # 1 If longest dimension is less than or equal to 4 l.f., fee = $5.00 + $100.00 If longest dimension is greater than 4 l.f., fee = $10.00 per 200 l.f. or fraction thereof + $100.00 [longest dimension divided by 200 x $10.00, raised to the next higher multiple of $10.00] + $100.00

2 [number of monitoring wells x $5.00] + $100.00 = fee

3 [number of potholes x $5.00] + $100.00 = fee

4 [number of veritical bores or bore pits x $5.00] + $100.00 = fee

5 No fee

6 Calculated on a case-by-case basis.

Tree contractor (arborist) license - one year $ 25.00 Tree sales $30.00-$60.00 Pea Patch Per garden $ 25.00 Up to five boxed gardens $ 10.00

Storm Drainage Criteria Manual by Engineering & Utilities $ 40.00

Engineering Printing 24 x 36 black/white print $2.50 each 24 x 36 color print $5.00 each 36 x 36 black/white print $6.00 each 36 x 36 color (zoning) map $6.00 each 72 x 72 city address map black/white one-day notice required $26.00 each 72 x 72 city address map color one-day notice required $40.00 each

Page 6 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Storm Drainage Fees (annual)

Singe family detached structures Multiple family residential structures, commercial, industrial, public properties, churches and schools Developed $47.73/lot or property $397.55/developed acre of impervious surface and $99.39/acre for grassed landscaped or cultivated surfaces

Subdivided, $11.93/undeveloped lot $99.39/undeveloped lot Undeveloped Un-subdivided, Undeveloped $9.95/acre of vacant residential property $9.95/vacant acre Vacant and Undisturbed

Sanitary Sewer Service Charges (annual)

Classification A - single-family residential user Inside city limits Inside city limits, within a sanitation district Outside city limits Outside city limits, Littleton Interceptor $ 274.29 $ 208.17 $ 249.80 As determined by applicable municipality or quasi-municipal sanitation district Classification B - multiple-family residential user Inside city limits Inside city limits, within a sanitation district Outside city limits Outside city limits, Littleton Interceptor $ 233.12 $ 176.93 $ 212.31 As determined by applicable municipality or quasi-municipal sanitation district Classification C - commercial user Inside city limits Annual water usage volume x $5.03 per 1,000 gallons = sewer service charge (minimum annual charge of $113.00 per user)

Outside city limits Annual water usage volume x $2.74 per 1,000 gallons = sewer service charge (minimum annual charge of $135.58 per user)

Outside city limits, Littleton Interceptor As determined by applicable municipality or quasi-municipal sanitation district.

In those instances where the director, in the exercise of his/her discretion, deems the annual water usage not to reasonably reflect the significant industrial user's discharge of wastewater, an agreement may be entered into between the user and the City to establish an adjusted basis upon which the variable for annual water usage shall be used in the formula.

Commercial users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non-compliances or violations identified during a sector control inspection. A fee of $100 may be assessed for each inspection required until completion of violation remedy.

Classification D - Permitted industrial user Inside city limits (Annual water usage volume x $5.03 per 1,000 gallons) + SC = sewer service charge (minimum annual charge of $113.00 per user)

Outside city limits (Annual water usage volume x $2.74 per 1,000 gallons) + SC = sewer service charge (minimum annual charge of $135.58 per user)

Outside city limits, Littleton Interceptor As determined by applicable municipality or quasi-municipal sanitation district.

Where SC is a surcharge to cover the added cost of handling and treating additional oxygen demand and total suspended solid wastes considered as "industrial wastes", calculated according to the following formula:

SC = surcharge (in dollars per year) where:

SC + QM x 8.34 ((AOD) x (UCo) + (TSS - 300) x (UCs))

Page 7 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

The SC formula utilized the following units of measurement:

DOLLARS/YEAR GALLONS/YEAR POUNDS/GALLON MILLIGRAMS PER LITRE DOLLARS/POUND MILLIGRAMS PER LITRE DOLLARS/POUND (SC) = QM X 8.34 X ((AOD) X (UCo) + (TSS - 300) X (UCs)

The variables and constraints in the formula are as follows: QM = Annual volume of sewage discharged to the public sewer (in million gallons per year); 8.34 = Conversion factor (in pounds per gallon); AOD = Additional oxygen demand strength index (in milligrams per liter); NOTE: For use in the SC formula, one must first calculate which parameter, either BOD or COD should be used in the determination of the AOD variable. In order to determine this, the following calculations shall be made:

COD/BOD COD = chemical oxygen demand strength as measured from discharge samples (in milligrams per liter) BOD = biochemical oxygen demand strength or as measured from discharge samples (in milligrams per liter)

If the calculated ratio of COD/BOD is less than 3.0, then AOD = (BOD - 200) If the calculated ratio of COD/BOD is greater than or equal to 3.0, then AOD = (COD - 500)

Uco = Unit charge for additional oxygen demand (AOD). Unit charge = $0.02 per pound TSS = Total suspended solids strength or as measured from discharge samples (in milligrams per liter) UCs = Unit charge for total suspended solids (TSS) Unit charge = $0.11 per pound

Classification E - commercial users not utilizing a municipal water supply Inside city limits Annual charge of $113.00 per user.

Outside city limits Annual charge of $135.58 per user.

Classification F - Sanitation Districts

Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City's Fats, Oils, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary.

City Clerk Fee

Open Records Request Fees Staff time for research/retrieval is $30.00 per hour with the first hour free of charge. Copies ( copies) are $.25 per 8.5"x11" page in black/white; $1.00 per 8.5"x11" color. Actual costs are determined for specialty sizes and larger sizes. Document certification by clerk's office = $2.00 charge (extra). Duplication of audio/video files to disk = $5.00 per media type.

Finance Fee

Insufficient funds for checks/credit cards $ 35.00 Sewer/Storm Utility account transfer fee $ 18.00

Municipal Court Fee

Defensive driving class fee $ 30.00 Defensive driving class missed class/re-schedule fee $ 15.00 -this fee covers direct cost of instructors and supplies Bond handling fee (court) $ 10.00

Page 8 of 9 City of Littleton 2020 Schedule of Fees Exhibit A

DEPARTMENT/ FEE DESCRIPTION

Library Fee

LIRC Immigration Legal Services Citizenship Application, legal assistance (subject to income limits) $100 - $250 Citizenship Medical Certification for Disability $ 100.00 Citizenship Request for Evidence (subject to income limits) $50 - $100 Citizenship Representation by LIRC sduring the USCIS naturalization interview $100, legal clients only Citizenship Immigration Records no charge Green Card Renewal/Replacement $ 100.00 Certificate of Citizenship/Certificate of Naturalization $ 100.00 Citizenship Travel Document $ 100.00 Citizenship Employment Authorization $ 100.00 One- time legal consultation, a single legal appointment with no further legal representation $ 50.00

Citizenship and English Education Citizenship Education - New Students (subject to income limits) $40 - $80 Citizenship Education - Returning Students $ 20.00 Citizenship Education - Tutoring (subject to income limits) $40 - $80 ESL - Conversation Groups no charge ESL - English as a Second Language $ 50.00 ESL - Tutoring $ 50.00

Page 9 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Fire Department Fee

Life Safety Division Permit Application Fee / ALL PERMITS $ 150.00 Building plan review with inspections (new construction) 0-10,000 sq ft $ 600.00 Over 10,000 sq ft $600.00 + $.035/sq ft over 10,000 sq ft Over 50,000 sq ft $2,000.00+$.03/sq ft over 50,000 sq ft Tenant Finish or remodel 0-10,000 sq ft $250 + $.035/sq ft Over 10,000 sq ft $600.00 + $.03/sq ft over 10,000 sq ft Over 50,000 sq ft $1,800.00 + $.025/sq ft over 50,000 sq ft Fire sprinkler / alarm systems 0-50,000 sq ft $200 + $.025/sq ft Over 50,000 sq ft $1,450.00 + $.02/sq ft over 50,000 sq ft Kitchen hood systems $ 150.00 Parking structures 1/3 new construction fee Other plan review (i.e., site, water, LPG, UST, AST) $150.00 with inspection $100.00 w/o inspection Hazardous materials inventory plan review $200.00 two-year permit Misc. Permits $ 150.00 Re-Inspection fee $150.00 (increasing by $100.00 for additional) Re-Issue of permit/plan review comments $ 25.00 Environmental Assessment $100.00 per address Hourly rate, review/inspection $ 80.00 Rush Processing Fee – three working days $500.00 additional Over the Counter Permit Fees (as time allows) Fire alarm/sprinkler $ 150.00 Tenant finish - less than 1,000 sq ft$ 200.00

Bike Medic/Fire Watch $80.00/hour per medic

Business - false alarms First three alarms $ - Fourth and fifth false alarms $100 each Sixth and more fase alarms Additional $100.00 per false alarm beyond fifth, to the $100.00 fee

Communications Center - audio tapes $30.00 plus $25 for rush

Police Department Fee

Police reports (additional $.25/page for each page over 10; $25.00 fee to research reports older than 1990) $5 for first 10 pages Police name check - w/letter $ 10.00 $2.50 - 3x5 each; $10.00 - Crime lab - photos 8x10 each Crime lab - video tapes $ 20.00 Crime lab - audio tapes $ 20.00 Crime lab - CD/DVD disks $ 20.00 Communications Center - audio tapes $30.00 plus $25 for rush Sex offender - initial registration $ 75.00 Sex offender - subsequent registration $ 25.00 Fingerprints - Residents Flat fee $ 10.00 Fingerprints - Non-ResidPer card $ 10.00 Fingerprints - Over two cards, per card, residents or non-residents $ 10.00 $6.75 surcharge per ticket E-Citation Surcharge or citation

Page 1 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Community Development Fee

Contractor Licensing A License $ 150.00 B License $ 100.00 C License $ 75.00 Specialty Contractors $ 50.00 Plumbers $ 50.00 Fee for lost inspection card $ 25.00

Electrical Permit Fees Residential: This fee includes construction of or remodeling of addition to: single-family home, condominium and townhouse. For service change use "ALL OTHER FEES"

Not more than 1,000 sq. ft. $ 50.00 Over 1,000 sq. ft. and not more than 1,500 sq. ft. $ 55.00 Over 1,500 sq. ft. and not more than 2,000 sq. ft. $ 85.00 Per 100 sq. ft. over 2,000 sq. ft. $ 5.00

ALL OTHER FEES: excluding residential above, shall be computed on the dollar value of the electrical installation, including time and materials, or whether they are provided by the contractor or the property owner.

Such fees shall be computed as follows: Not more than $350.00 $ 50.00 $350.00 - $2,500 $ 55.00 $2,501 - $50,000 $22.00 per thousand $ or fraction thereof $50,001 - $500,000.00 $21.00 per thousand $ or fraction thereof + $50.00 $500,001.00 and above $20.00 per thousand $ or fraction thereof + $50.00

Mobile Home $ 50.00 Re-Inspection Fee $ 55.00 Extra Inspections $ 55.00 Construction Meter $ 50.00

Page 2 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Planning Engineering

Annexation Varies <10ac: $10,000 $ ‐ 10+ac: $30,000 Initial Zoning $ 2,000.00 $ 775.00 Rezoning $ 4,200.00 $ 1,000.00 Admin PD Amendment $ 1,000.00 N/A General PD Plan Varies < 10ac: $6,000 Varies < 10ac: $3,250 10+ac: $12,000 10+ac: $4,400 Planned Development $ 6,500.00 $ 3,500.00 Overlay (PDO) Subdivision Exemption N/A N/A Admin Plat and Replat$ 1,000.00 $ 2,150.00 Preliminary Plat: $ 4,200.00 $ 2,400.00 Major Subdivision Preliminary Plat: $ 1,000.00 $ 1,750.00 Minor Subdivision Final Plat: $ 7,500.00 $ 3,500.00 Major Subdivision Final Plat: $ 2,000.00 $ 3,400.00 Minor Subdivision SDP/Site Plan: Conceptual $ 2,200.00 $ 1,250.00

SDP/Site Plan: $ 5,000.00 $ 5,500.00 Final Sketch Plan Varies < 10ac: $500 Varies < 10ac: $1,000 10+ac: $1,000 10+ac: $2,000 Subdivision Improvements N/A $ 2,000.00 Agreement

Conditional Use Varies Accessory to single N/A family: $1,750 All others = $3,000 Zoning Variance$ 275.00 N/A Minor Zoning Variance$ 70.00 N/A Appeal$ 500.00 $ 500.00 Certificate of Historic $ 500.00 N/A Appropriateness (Board Approved) Certificate of Historic $ 275.00 N/A Appropriateness (No Board)

Vested Rights Permit$ 1,500.00 N/A Zoning Letter$ 25.00 Customized letter: N/A $65.00 Temporary Use Permits $ 275.00 N/A Amplified Sound Varies Commercial:$50 N/A Residential: $25 Home Occupation$ 50.00 N/A Metro District Formation Varies 1/100 of 1% of the debt N/A Engineering review listed in the Service Plan included in planning fees Drainage Master Plan N/A $ 1,000.00 Grading Permit N/A Varies <1ac: $300 1‐ 10ac:$1000 10+ac: $3,000 Phase I Drainage Report N/A Varies < 10ac: $2,000 (includes letter amendments 10+ac: $4,000 or updates) Phase II or Phase III Drainage N/A N/A Report (includes letter amendments or updates)

Floodplain use permit N/A $ 800.00 Special Exception Permit $ 500.00 $ 4,200.00 (floodplain management)

Drainage Conformance N/A $ 750.00 Letter Traffic Impact Study N/A Varies < 10ac: $1,000 10+ac: $2,000 Traffic/Trip letter N/A $ 250.00 Traffic Signal N/A N/A

Page 3 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Construction Plans N/A Varies <10ac: $9,000 10+ac: $16,000 Vacation of Right‐of‐way N/A $ 600.00 Vacation of Easement N/A $ 600.00 Easements, Warranty Deeds, N/A $ 650.00 Revokable Licenses

WCF Wireless $ 1,500.00 N/A Communication Facility (Private)

Fees are based on three rounds of review. 4th review = 50% of initial fees, 5+ review = 25% of initial fees.

Plan Check Fee 65% of permit fee Plan Review (expedited plan reviews when requested by architect, owner, or builder shall be double the normal plan review fee Investigation (work without a permit) Double the permit fee Inspection (normal business hours) $50/hour Inspection (outside normal business hours) $100 minimum paid in advance ($50/hour after two hours)

Re-inspection $ 50.00 Subsequent permits after the Master Plans have been $ 250.00 reviewed, in single-family detached residential projects

Neighborhood Parking Permit $ - Rental property annual license $10.00 per property

Rental Housing Inspection fees Initial inspection $ - Re-inspection $ - Second re-inspection $100.00 per unit inspected Third re-inspection Summons to municipal court

Building Permits TOTAL VALUATION $1 - $500.00 $ 25.85 $501 - $2,000.00 $25.85 for the first $500 plus $3.35 for each additional $2,001 - $25,000.00 $76.17 for the first $2,000 plus $15.40 for each $25,001 - $50,000.00 $430.37 for the first $25,000 plus $11.11 for each $50,001 - $100,000.00 $708.12 for the first $50,000 plus $7.70 for each additional $1,000 or fraction thereof, to and including $100,001 - $500,000.00 $1,093.12 for the first $100,000 plus $6.16 for each additional $1,000 or fraction thereof, to and including $500,001 - $3,557.12 for the first $500,000 plus $5.23 for each $1,000,000.00 additional $1,000 or fraction thereof, to and including Greater than $6,172.12 for the first $1,000,000 plus $4.02 for each $1,000,000.00 additional $1,000 or fraction thereof

Note: There are fee exemptions listed in the city code 4-1-5C for residential solar, geothermal, wind generators and

Outdoor merchandise display No Fee

BUILDING VALUATION DATA

The unit costs are intended to comply with the definition of “valuation” in the adopted codes and thus include the architectural, structural, electrical, plumbing and mechanical work. The unit costs also include the contractor’s profit, which should not be omitted. Below is a partial list of occupancies and types of construction. The Building Official shall have the final determination on the type of construction, occupancy, and unit cost.

*Unit Costs per Square Foot Occupancy Group 1A 1B II A IIB III A III B IV V A V B A-1 Assembly, theaters w/ stage $ 211.15 $ 203.98 $ 198.05 $ 190.05 $ 178.30 $ 173.30 $ 183.31 $ 162.97 $ 156.05 A-1 Assembly theaters w/o stage $ 193.16 $ 185.99 $ 180.74 $ 172.03 $ 160.31 $ 155.36 $ 165.32 $ 145.04 $ 138.12 A-2 Assembly - nightclubs $ 163.22 $ 158.56 $ 154.17 $ 148.00 $ 138.96 $ 135.24 $ 142.52 $ 126.06 $ 121.36 A-2 Assembly, restaurants, bars $ 162.22 $ 157.56 $ 152.17 $ 147.00 $ 136.98 $ 134.24 $ 141.52 $ 124.06 $ 120.36 A-3 Assembly - churches $ 195.10 $ 187.93 $ 182.66 $ 174.00 $ 162.21 $ 157.26 $ 167.26 $ 146.94 $ 140.00 A-3 Assemblies – community halls, museums, $ 163.81 $ 156.64 $ 150.39 $ 142.71 $ 129.91 $ 125.96 $ 135.97 $ 114.63 $ 108.71 libraries

Page 4 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

A-4 Assembly- arenas $ 192.16 $ 185.00 $ 178.74 $ 171.06 $ 158.31 $ 154.36 $ 164.32 $ 143.04 $ 137.12 B- Business $ 164.76 $ 156.78 $ 153.49 $ 145.97 $ 132.45 $ 127.63 $ 139.92 $ 116.43 $ 110.93 E - Education $ 176.97 $ 170.85 $ 165.64 $ 158.05 $ 146.37 $ 139.00 $ 152.61 $ 127.91 $ 123.09 F-1 Factory& industrial – moderate hazard $ 97.87 $ 93.28 $ 87.66 $ 84.46 $ 75.44 $ 72.26 $ 80.79 $ 62.17 $ 58.48 F-2 Factory & industrial – $ 96.87 $ 92.28 $ 87.66 $ 83.46 $ 75.44 $ 71.26 $ 79.79 $ 62.17 $ 58.48 low hazard

H-1 High Hazard - explosive $ 91.74 $ 87.15 $ 82.53 $ 78.33 $ 70.50 $ 66.31 $ 74.66 $ 57.22 NP H 2, 3, 4 High Hazard $ 91.74 $ 87.16 $ 82.53 $ 78.33 $ 70.50 $ 66.31 $ 74.66 $ 57.22 NP H-5 HPM $ 164.76 $ 156.78 $ 153.49 $ 145.97 $ 132.45 $ 127.63 $ 139.92 $ 116.43 $ 110.93 I-1 Institutional, supervised environment $ 164.82 $ 159.04 $ 154.60 $ 147.90 $ 135.84 $ 132.25 $ 144.15 $ 121.88 $ 117.55 I-2 Institutional –Hospitals, $ 277.07 $ 271.09 $ 265.80 $ 258.26 $ 243.90 NP $ 252.23 $ 227.88 NP nursing homes

!-3 Institutional - restrained $ 187.72 $ 181.73 $ 176.45 $ 169.00 $ 156.44 $ 150.82 $ 162.87 $ 140.63 $ 133.13 I-4 Institutional – day care facilities $ 164.82 $ 159.04 $ 154.60 $ 147.90 $ 135.84 $ 132.25 $ 144.15 $ 121.88 $ 117.55 M Mercantile $ 121.57 $ 116.92 $ 111.53 $ 106.36 $ 96.96 $ 94.25 $ 100.88 $ 84.07 $ 80.36 R-1 Residential - hotels $ 166.21 $ 160.43 $ 156.00 $ 149.29 $ 137.39 $ 133.80 $ 145.70 $ 123.43 $ 119.10

R-2 Residential - multifamily $ 139.39 $ 133.61 $ 129.17 $ 122.47 $ 111.23 $ 107.64 $ 119.84 $ 97.27 $ 92.94 R-3 Residential – one and two family $ 131.18 $ 127.60 $ 124.36 $ 121.27 $ 116.43 $ 113.53 $ 117.42 $ 108.79 $ 102.00 R-4 Residential – assisted living $ 164.82 $ 159.04 $ 154.60 $ 147.90 $ 135.84 $ 132.25 $ 144.15 $ 121.88 $ 117.55 S-1 Storage – moderate hazard $ 90.74 $ 86.15 $ 80.53 $ 77.33 $ 68.49 $ 60.31 $ 73.66 $ 55.22 $ 51.53 S-2 Storage – low hazard $ 89.74 $ 85.15 $ 80.53 $ 76.33 $ 68.49 $ 64.31 $ 72.66 $ 55.22 $ 50.53 U Utility, miscellaneous $ 71.03 $ 67.00 $ 62.71 $ 59.30 $ 52.86 $ 49.43 $ 56.33 $ 41.00 $ 39.06

Page 5 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Public Works Fee

Permit fee calculation formulas for excavation in the public right-of-way Construction Type Units - Only includes portion in R.O.W. (l.f. Fee Calculation Formula - number Asphalt l.f. 1 Bore - bore pits # of bore pits 4 Bore - horizontal l.f. 1 Bore - vertical l.f. 4 Concrete - apron l.f. 1 Concrete - chase section l.f. 1 Concrete - curb and gutter only l.f. 1 Concrete - curb cut l.f. 1 Concrete - monolithic curb, gutter and walk l.f. 1 Concrete - pan l.f. 1 Concrete - pavement l.f. 1 Concrete - sidewalk only l.f. 1 Concrete - valley gutter l.f. 1 Concrete - wheelchair ramp l.f. 1 Monitoring well # wells 2 Other (if none of these categories apply) 6 Pothole for utility locates or pavement design # potholes 3 Traffic control plan review only - no digging 5 Unpaved l.f. 1

Total permit fee = sum of all the above applicable fees for the job

Formula # 1 If longest dimension is less than or equal to 4 l.f., fee = $5.00 + $100.00 If longest dimension is greater than 4 l.f., fee = $10.00 per 200 l.f. or fraction thereof + $100.00 [longest dimension divided by 200 x $10.00, raised to the next higher multiple of $10.00] + $100.00

2 [number of monitoring wells x $5.00] + $100.00 = fee

3 [number of potholes x $5.00] + $100.00 = fee

4 [number of veritical bores or bore pits x $5.00] + $100.00 = fee

5 No fee

6 Calculated on a case-by-case basis.

Tree contractor (arborist) license - one year $ 25.00 Tree sales $30.00-$60.00 Pea Patch Per garden $ 25.00 Up to five boxed gardens $ 10.00

Storm Drainage Criteria Manual by Engineering & Utilities $ 40.00

Engineering Printing 24 x 36 black/white print $2.50 each 24 x 36 color print $5.00 each 36 x 36 black/white print $6.00 each 36 x 36 color (zoning) map $6.00 each 72 x 72 city address map black/white one-day notice required $26.00 each 72 x 72 city address map color one-day notice required $40.00 each

Page 6 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Storm Drainage Fees (annual)

Singe family detached structures Multiple family residential structures, commercial, industrial, public properties, churches and schools Developed $47.73/lot or property $397.55/developed acre of impervious surface and $99.39/acre $34.09 for grassed landscaped or cultivated surfaces $283.96/developed acre of impervious surface and $70.99/acre for grassed landscaped or cultivated surfaces Subdivided, $11.93/undeveloped lot $99.39/undeveloped lot Undeveloped $8.52 $70.99 Un-subdivided, Undeveloped $9.95/acre of vacant residential property $9.95/vacant acre Vacant and $7.11 $7.11 Undisturbed

Sanitary Sewer Service Charges (annual)

Classification A - single-family residential user Inside city limits Inside city limits, within a sanitation district Outside city limits Outside city limits, Littleton Interceptor $ 274.29 $ 208.17 $ 249.80 As determined by applicable municipality or $ 266.30 $ 202.11 $ 242.52 quasi-municipal sanitation district Classification B - multiple-family residential user Inside city limits Inside city limits, within a sanitation district Outside city limits Outside city limits, Littleton Interceptor $ 233.12 $ 176.93 $ 212.31 As determined by applicable municipality or $ 226.33 $ 171.78 $ 206.13 quasi-municipal sanitation district Classification C - commercial user Inside city limits Annual water usage volume x $5.03 per 1,000 gallons = sewer service charge (minimum annual charge of $113.00 per user) $4.88 $109.71 Outside city limits Annual water usage volume x $2.74 per 1,000 gallons = sewer service charge (minimum annual charge of $135.58 per user) $2.66 $131.63 Outside city limits, Littleton Interceptor As determined by applicable municipality or quasi-municipal sanitation district.

In those instances where the director, in the exercise of his/her discretion, deems the annual water usage not to reasonably reflect the significant industrial user's discharge of wastewater, an agreement may be entered into between the user and the City to establish an adjusted basis upon which the variable for annual water usage shall be used in the formula.

Commercial users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non-compliances or violations identified during a sector control inspection. A fee of $100 may be assessed for each inspection required until completion of violation remedy.

Classification D - Permitted industrial user Inside city limits (Annual water usage volume x $5.03 per 1,000 gallons) + SC = sewer service charge (minimum annual charge of $113.00 per user) $4.88 $109.71 Outside city limits (Annual water usage volume x $2.74 per 1,000 gallons) + SC = sewer service charge (minimum annual charge of $135.58 per user) $2.66 $131.63 Outside city limits, Littleton Interceptor As determined by applicable municipality or quasi-municipal sanitation district.

Where SC is a surcharge to cover the added cost of handling and treating additional oxygen demand and total suspended solid wastes considered as "industrial wastes", calculated according to the following formula:

SC = surcharge (in dollars per year) where:

SC + QM x 8.34 ((AOD) x (UCo) + (TSS - 300) x (UCs))

Page 7 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

The SC formula utilized the following units of measurement:

DOLLARS/YEAR GALLONS/YEAR POUNDS/GALLON MILLIGRAMS PER LITRE DOLLARS/POUND MILLIGRAMS PER LITRE DOLLARS/POUND (SC) = QM X 8.34 X ((AOD) X (UCo) + (TSS - 300) X (UCs)

The variables and constraints in the formula are as follows: QM = Annual volume of sewage discharged to the public sewer (in million gallons per year); 8.34 = Conversion factor (in pounds per gallon); AOD = Additional oxygen demand strength index (in milligrams per liter); NOTE: For use in the SC formula, one must first calculate which parameter, either BOD or COD should be used in the determination of the AOD variable. In order to determine this, the following calculations shall be made:

COD/BOD COD = chemical oxygen demand strength as measured from discharge samples (in milligrams per liter) BOD = biochemical oxygen demand strength or as measured from discharge samples (in milligrams per liter)

If the calculated ratio of COD/BOD is less than 3.0, then AOD = (BOD - 200) If the calculated ratio of COD/BOD is greater than or equal to 3.0, then AOD = (COD - 500)

Uco = Unit charge for additional oxygen demand (AOD). Unit charge = $0.02 per pound TSS = Total suspended solids strength or as measured from discharge samples (in milligrams per liter) UCs = Unit charge for total suspended solids (TSS) Unit charge = $0.11 per pound

Classification E - commercial users not utilizing a municipal water supply Inside city limits Annual charge of $113.00 per user. $109.71 Outside city limits Annual charge of $135.58 per user. $131.63 Classification F - Sanitation Districts

Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City's Fats, Oils, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. The City may charge $50 per inspection for facilities contributing wastewater to the POTW from locations outside the City boundary.

City Clerk Fee

Open Records Request Fees Staff time for research/retrieval is $30.00 per hour with the first hour free of charge. Copies (hard copies) are $.25 per 8.5"x11" page in black/white; $1.00 per 8.5"x11" color. Actual costs are determined for specialty sizes and larger sizes. Document certification by clerk's office = $2.00 charge (extra). Duplication of audio/video files to disk = $5.00 per media type.

Finance Fee

Insufficient funds for checks/credit cards $ 35.00 Sewer/Storm Utility account transfer fee $ 18.00

Municipal Court Fee

Defensive driving class fee $ 30.00 Defensive driving class missed class/re-schedule fee $ 15.00 -this fee covers direct cost of instructors and supplies Bond handling fee (court) $ 10.00

Page 8 of 9 City of Littleton 2020 Schedule of Fees

DEPARTMENT/ For comparative purposes, 2019 fees shown in blue if changed from prior year FEE DESCRIPTION

Library Fee

LIRC Immigration Legal Services Citizenship Application, legal assistance (subject to income limits) $100 - $250 Citizenship Medical Certification for Disability $ 100.00 Citizenship Request for Evidence (subject to income limits) $50 - $100 Citizenship Representation by LIRC sduring the USCIS naturalization interview $100, legal clients only Citizenship Immigration Records no charge Green Card Renewal/Replacement $ 100.00 Certificate of Citizenship/Certificate of Naturalization $ 100.00 Citizenship Travel Document $ 100.00 Citizenship Employment Authorization $ 100.00 One- time legal consultation, a single legal appointment with no further legal representation $ 50.00

Citizenship and English Education Citizenship Education - New Students (subject to income limits) $40 - $80 Citizenship Education - Returning Students $ 20.00 Citizenship Education - Tutoring (subject to income limits) $40 - $80 ESL - Conversation Groups no charge ESL - English as a Second Language $ 50.00 ESL - Tutoring $ 50.00

Page 9 of 9 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(b) Staff Communication

File #: Resolution 50-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 50-2019: Approving an Intergovernmental Agreement with Mile High Flood District for construction of drainage improvements for Lee Gulch at Broadway

Prepared by: Carolyn Roan, Water Resource Manager

PURPOSE: To approve an Intergovernmental Agreement (IGA) with Mile High Flood District for funding construction of a headwall, wing walls, and channel stabilization at the Lee Gulch culvert under Broadway.

PRESENTATIONS: Staff Presenter(s): N/A Additional Presenter(s): N/A

SUMMARY: The 66-inch diameter metal culvert for Lee Gulch under Broadway experienced partial collapse in 2015. An emergency repair ensured stabilization of the roadway, which included a lining of the inside of the existing culvert. At the time, the emergency repair used nearly all of the available funds in the Storm Drainage Enterprise fund, and headwalls and wing walls on the culvert were delayed. The staff has worked with an engineer to design the project. These measures will limit further erosion around the culvert entrance, which threatens the steep roadway embankment of Broadway. The downstream side of the culvert is not experiencing erosion of concern. Staff collaborated with Mile High Flood District to assist in the cost of construction. Mile High Flood District does not typically assist in construction funding for headwalls and wing walls that are intended for stabilization of roadway embankments, but have agreed to fund the grouted boulders needed in the bottom and sides of the Lee Gulch channel.

PRIOR ACTIONS OR DISCUSSIONS: This subject has not previously been discussed with council.

ANALYSIS: Staff Analysis Staff has been concerned about the erosion occurring at the entrance of the culvert since the emergency repair. This erosion threatens the roadway embankment because the embankment is very steep, and as such, any erosion at the toe of the embankment slope risks loss of significant amounts of soil that can erode back into the roadway and sidewalk area. This would be of particular concern if Lee Gulch was to experience a significant flood event.

Council Goal, Objective, and/or Guiding Principle By leveraging funds from Mile High Flood District, this meets Goal 2 of the Council; Financial Sustainability/ Objective 5 to identify opportunities for funding capital needs. In addition, by utilizing one of Mile High Flood District’s pre-qualified contractors, it saves the city money and time associated with producing public bid documents and managing construction, and ensures a quality

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 50-2019, Version: 1 construction project by a qualified contractor.

Fiscal Impacts This project will require $197,303 from the Stormwater Utility Fund and is currently proposed in the 2020 Budget and the 5-year fiscally constrained plan for the utility. The Mile High Flood District has agreed to provide $77,000 in cost sharing.

Alternatives Should this agreement not be approved, the city will not have funding for construction of this project in the next year, and risk to the Broadway roadway embankment will continue. The city risks losing the cost share from Mile High Flood District.

STAFF RECOMMENDATION: Staff recommends approval of this IGA for construction of drainage and stabilization improvements for Lee Gulch at Broadway.

PROPOSED MOTION: I move to approve the resolution approving an Intergovernmental Agreement with Mile High Flood District for construction of drainage improvements for Lee Gulch at Broadway.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 50 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AUTHORIZING AN AGREEMENT WITH 9 MILE HIGH FLOOD DISTRICT FOR CONSTRUCTION OF DRAINAGE 10 IMPROVEMENTS FOR LEE GULCH AT BROADWAY 11 12 13 WHEREAS, the Council may, by resolution, enter into contracts with other 14 government bodies to furnish or receive governmental services, to make or pay for charges for 15 such services and to enter into cooperative or joint activities with other government bodies; and 16 17 WHEREAS, the City of Littleton desires to enter into an agreement with Mile 18 High Flood District to fund the construction of headwalls, wingwalls, and stabilization measures 19 at the entrance to the culvert for Lee Gulch under Broadway; and 20 21 WHEREAS, the City’s share of the costs of the project, as set forth in the 22 Agreement, shall be a contribution of $197,303; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 25 THE CITY OF LITTLETON, COLORADO, THAT: 26 27 The Agreement Regarding Maintenance of Drainage and Flood Control 28 Improvements for Lee Gulch at Broadway, Agreement No. 19-06.31 is hereby 29 approved. 30 31 32 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

33 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

34 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

35 ATTEST: 36 37 ______38 Wendy Heffner Debbie Brinkman 39 CITY CLERK MAYOR 40 41 APPROVED AS TO FORM: 42 43 ______44 Reid Betzing 45 CITY ATTORNEY

AGREEMENT REGARDING MAINTENANCE OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LEE GULCH AT BROADWAY CITY OF LITTLETON

Agreement No. 19-06.31 Project No. 107727

THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF LITTLETON (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES now desire to proceed with the maintenance of drainage and flood control improvements for Lee Gulch at Broadway (hereinafter called "PROJECT"); and WHEREAS, DISTRICT's Board of Directors reviewed and authorized expenditures for the 2019 Maintenance Work Program (Resolution No. 66, Series of 2018); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design including vegetation establishment, as provided by CITY. Project limits are as shown on Exhibit A. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. It is understood that PROJECT costs as defined above are not to exceed $274,303 without amendment to this Agreement.

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B. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT % $77,000 CITY % 197,303 TOTAL 100.00% $274,303 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (CITY - $197,303; DISTRICT - $77,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 6. OWNERSHIP OF PROPERTY AND LIMITATION OF USE CITY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that shall diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole

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expense. In the event CITY breaches the terms and provisions of this Paragraph 6 and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. 7. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment 1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. 4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of all inspection reports shall be furnished to CITY on a weekly basis. DISTRICT shall retain an engineer to perform all or a part of these duties. 5. DISTRICT, with concurrence of CITY, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum preparation; survey control points; explanatory sketches; revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection. 6. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 7. DISTRICT shall review and approve contractor billings. DISTRICT shall remit payment to contractor based on billings. 8. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or work orders to the contract documents. 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10. DISTRICT shall provide CITY a set of reproducible "as-built" plans.

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C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, including interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 8. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 9. FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of Lee Gulch within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that CITY cannot obligate itself by contract to exercise its police powers. If CITY fails to regulate the floodplain of Lee Gulch within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and CITY shall cooperate fully. 10. TERM OF AGREEMENT The term of this Agreement shall commence upon execution and shall terminate three (3) years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 9. FLOODPLAIN REGULATION, Paragraph 6. OWNERSHIP OF PROPERTY AND LIMITATION OF USE, and Paragraph 8. MAINTENANCE, which shall run in perpetuity. 11. LIABILITY Each party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate.

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12. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Public Works Director, 2255 West Berry Avenue, Littleton, Colorado 80120. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. D. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 13. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 14. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 15. APPLICABLE LAWS Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the CITY where PROJECT is located 16. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement.

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17. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 18. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 19. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein. 20. EMPLOYMENT STATUS This Agreement shall not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to this Agreement. 21. PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical and final design recommendations shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate. 22. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 23. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. 24 NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to

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PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 25. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: A. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. B. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5-101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. C. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. D. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that fails to certify to CONTRACTOR that it shall not knowingly employ or contact with an illegal alien to perform work under this Agreement. E. CONTRACTOR shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E- Verify Program. F. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while performing its obligation under this Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal requirements related to use of the E-Verify Program including, by way of example, all program requirements related to employee notification and preservation of employee rights. G. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontractor performing work under this Agreement knowingly employs or contract with an illegal alien, it will notify such subconsultant or subcontractor and PARTIES within three (3) days. CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three (3) days after such notice the subconsultant or subcontractor does not stop employing or contracting with the illegal alien, unless during such three (3) day period the subconsultant or subcontractor provides information to establish that the subconsultant or subcontractor has not knowingly employed or contracted with an illegal alien. H. CONTRACTOR shall comply with any reasonable request made in the course of an investigation by the Colorado Department of Labor and Employment under authority of § 8- 17.5-102(5), C.R.S.

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I. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, affirms that it has examined the legal work status of such employees, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES. 26. GOVERNMENTAL IMMUNITIES PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 27. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and responsibilities of CITY, DISTRICT or any other entity not a party hereto. 28. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below.

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URBAN DRAINAGE AND FLOOD CONTROL DISTRICT

By

______Name Ken A. MacKenzie Checked By Title Executive Director

Date

CITY OF LITTLETON

By

Name

Title

Date

Agreement No. 19-06.31 9

AGREEMENT REGARDING MAINTENANCE OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LEE GULCH AT BROADWAY CITY OF LITTLETON

Agreement No. 19-06.31 Project No. 107727

Exhibit A

CITY OF LITTLETON, COLORADO PUBLIC WORKS EAST HEADWALL CONSTRUCTION AND EROSION CONTROL LEE GULCH UNDER S. BROADWAY

Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 :

Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 “ ”

“ ”

· ·

· ·

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Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 Alfred Benesch & Company 7979 E. Tufts Avenue, Suite 800 Denver, Colorado 80237 303-771-6868 Job No. 151496.00.4 4-4,4 '44 4

It 091W.. f l f, Fes, Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(c) Staff Communication

File #: Resolution 56-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 56-2019: Approving an Intergovernmental Agreement with Denver Water to allow construction of a storm drainage outlet into the High Line Canal at Windermere Street

Prepared by: Carolyn Roan, Water Resource Manager

PURPOSE: To approve an Intergovernmental Agreement (IGA) with Denver Water to allow construction of a storm drainage outlet into the High Line Canal at Windermere Street and assume city maintenance of the canal corridor from this location downstream to the Lee Gulch waste gate.

PRESENTATIONS: Staff Presenter(s): N/A Additional Presenter(s): N/A

SUMMARY: City council and staff have been involved in developing a regional vision for the future of the High Line Canal, part of which involves converting this irrigation feature into a stormwater feature. Historically, Denver Water has not permitted stormwater outfalls into the canal because of the potential contamination of irrigation water. However, the irrigation use of the canal is gradually ceasing to exist, and there is a movement to convert this canal into a stormwater collection and water quality treatment feature, which will maintain the vegetative community along the canal and its recreational value as the irrigation water flow decreases. This is documented in the Plan for the High Line Canal: New Life for a Regional Legacy, which was adopted by city council in Resolution 44-2019.

The City of Littleton has an opportunity, due to adjacent development, to contribute storm drainage into the canal at Windermere Street, and further the of the Plan for the High Line Canal. Currently, storm drainage from the residential area on the south side of the canal at this location is conveyed under and north of the canal via an inverted siphon pipe. By their very nature, inverted siphons create a maintenance issue because of stagnant water in the depressed portion of the pipe system during times of no flow or low flow because of insufficient forces to drive the water through the system.

The pending subdivision and development of 7328 South Windermere Street and adjacent required roadway and sidewalk improvements require extending the existing inverted siphon system. This would include installation of “bubbler” inlets, which during times of high storm flow would allow water to flow up and out of inlets into the proposed curb and gutter system. However, bubbler inlets also are a maintenance problem during times of low flow because of stagnant water.

As a condition of allowing storm drainage outfalls into the canal, Denver Water requires local jurisdictions to

City of Littleton Page 1 of 3 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 56-2019, Version: 1

As a condition of allowing storm drainage outfalls into the canal, Denver Water requires local jurisdictions to enter into an Intergovernmental Agreement (IGA) which requires the local jurisdiction assume maintenance of the storm drainage outfall and the canal corridor downstream of that location to its natural outlet. In this case, the downstream outlet is at Lee Gulch where there is a waste gate that allows all canal water to re-enter the creek. The distance from Windermere Street to Lee Gulch is approximately one mile. Maintenance of the canal corridor is primarily trees, grass, and weeds. The maintenance responsibility to be transferred to the city is detailed in the IGA.

Denver Water intends to cease all irrigation flows in the High Line Canal and transfer ownership and maintenance of the canal to others within the next few years. The ultimate governance of the canal is yet to be determined. Governance is being actively discussed by the High Line Canal Conservancy and its partners. While the city would take over maintenance of this segment via this IGA, it is expected that this responsibility is temporary, and would be assumed by a governance and maintenance entity yet to be determined.

PRIOR ACTIONS OR DISCUSSIONS: The High Line Canal Framework Plan was adopted with Resolution 44-2019. This specific project has not been previously discussed.

ANALYSIS: Staff Analysis To eliminate the maintenance issues associated with both an inverted siphon pipe and any future bubbler inlets, it is proposed to instead outfall this storm system into the High Line Canal adjacent to and including the property at 1605 West Hinsdale Place. This enables not only reduced infrastructure maintenance costs, but active participation in the overall High Line Canal preservation mission. This property owner is willing to cooperate and allow for a permanent drainage easement on the property to accommodate this storm drainage outfall, with minor landscape restoration by the city. Staff has evaluated the maintenance responsibilities of the canal corridor and the approximate costs and believes that by leveraging both city forces and contracted work, this can be accomplished with funds in the Storm Drainage Enterprise Fund.

Council Goal, Objective, and/or Guiding Principle Supporting this resolution is consistent with the value of the High Line Canal to the Littleton community as a recreational asset, commitment to the Canal’s continued integrity via Resolution 44-2019, and goals and objectives of the Envision Littleton comprehensive plan.

Fiscal Impacts The anticipated annual cost of maintenance of this one-mile segment of the High Line Canal is estimated at a maximum of $10,000. The Storm Drainage Enterprise Fund would be used to cover these costs. Expenditures less than $10,000 in each year is proposed to be saved to fund larger and infrequent maintenance expenses, such as large cottonwood tree trimming and removal as needed. Alternatively, reserves in the fund could be used for these larger expenses. The saved maintenance costs of inverted siphon and bubbler inlets have not been quantified, and vary depending on resident complaints, but in the longer term are expected to outweigh the maintenance costs of the canal and the benefits it provides to the community.

Alternatives By not approving this IGA, the city assumes maintenance costs associated with an inverted storm sewer pipe siphon and bubbler inlets which are subject to odor and clogging complaints. In addition, not approving the agreement would be in contrast to the goals of the High Line Canal Conservancy mission of preserving the canal via stormwater contributions.

STAFF RECOMMENDATION: Staff is recommending approval of construction of a storm drainage outfall into the High Line Canal at Windermere Street and associated maintenance of the canal corridor for one mile to Lee Gulch.

PROPOSED MOTION: I move to approve the resolution approving an Intergovernmental Agreement (IGA) with Denver Water to allow construction of a City of Littleton Page 2 of 3 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 56-2019, Version: 1

I move to approve the resolution approving an Intergovernmental Agreement (IGA) with Denver Water to allow construction of a storm drainage outlet to the High Line Canal and assume city maintenance of the canal corridor from this location downstream to the Lee Gulch waste gate.

City of Littleton Page 3 of 3 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 56 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AUTHORIZING AN AGREEMENT WITH 9 DENVER WATER DEPARTMENT ALLOWING CONSTRUCTION OF A 10 STORM DRAINAGE OUTFALL INTO THE HIGH LINE CANAL AT 11 WINDERMERE STREET, AND MAINTENANCE OF THE CANAL 12 DOWNSTREAM TO LEE GULCH 13 14 15 WHEREAS, the Council may, by resolution, enter into contracts with other 16 government bodies to furnish or receive governmental services, to make or pay for charges for 17 such services and to enter into cooperative or joint activities with other government bodies; 18 19 WHEREAS, the City of Littleton desires to enter into an agreement with Denver 20 Water Department to allow the construction of a storm drainage outfall into the High Line Canal 21 at the upstream side of Windermere Street, and assume maintenance of the canal as outlined in 22 the IGA from this location downstream to the Lee Gulch waste gate; and 23 24 WHEREAS, the City’s share of the costs of the project, as set forth in the 25 Agreement, shall be a 100% of maintenance of canal, and a portion of the construction of the 26 storm drainage outfall yet to be determined; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 29 THE CITY OF LITTLETON, COLORADO, THAT: 30 31 The agreement regarding Storm Drainage Connection and Maintenance of a segment of 32 the High Line Canal is hereby approved. 33 34 35 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

36 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

37 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

38 ATTEST: 39 40 ______41 Wendy Heffner Debbie Brinkman 42 CITY CLERK MAYOR 43 Resolution No.56-2019 Page 2 of 2 44 APPROVED AS TO FORM: 45 46 ______47 Reid Betzing 48 CITY ATTORNEY 49 50 51 INTERGOVERNMENTAL AGREEMENT

This Intergovernmental Agreement (“Agreement”) is made and entered into between the CITY OF LITTLETON (“Littleton”), a home rule municipal corporation of the State of Colorado, the CITY AND OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS (“Board” or “Denver Water”), also a home rule municipal corporation of the State of Colorado, and URBAN DRAINAGE AND FLOOD CONTROL DISTRICT doing business as MILE HIGH FLOOD DISTRICT (“MHFD”), a multijurisdictional flood control district established by the State of Colorado. Littleton, Denver Water, and MHFD are referred to herein collectively and together as the “Parties” and individually as a “Party.”

RECITALS

A. Denver Water owns and operates the High Line Canal (“Canal”), an irrigation ditch, which diverts water from its headgate on the South in Douglas County, Colorado. B. Littleton is a home rule municipality located in Douglas, Jefferson and Arapahoe Counties. C. MHFD is established pursuant to C.R.S. § 32-11-201 for the purpose of addressing water, flood control, and drainage within those portions of the Denver including the City and County of Denver, City and County of Broomfield, Adams, Boulder, Jefferson, Douglas, and Arapahoe Counties which fall within the territorial limits of MHFD. D. The primary purpose of the Canal is to make irrigation water deliveries to certain Denver Water customers who hold High Line Canal and Antero Reservoir contracts. Portions of the Canal right-of-way are also open to the public as a recreational trail. E. Littleton seeks to obtain approval of the existing Storm Water discharges to the Canal through the basins contributing to the Canal channel segment of Windermere Street to the Lee Gulch Flume, and of the proposed 24” Storm Sewer Discharge from a portion of Basin WQ218, all which is described in further detail in the High Line Canal Stormwater and Operations Master Plan, dated October 2018 (“Stormwater Master Plan”). F. The Parties anticipate based on studies performed by MHFD that the Canal has the potential to treat and/or convey Storm Water discharged to the Canal. Based upon modeling, MHFD has determined that the Authorized Area, as defined below, has the capacity to treat and convey Storm Water from a 100-year storm event from the contributing basins quantified and described in the Stormwater Master Plan. G. Denver Water and Littleton desire to formalize Littleton’s use of the Canal for the discharge and conveyance of Littleton’s Storm Water through the issuance of a license under this Agreement. H. As fair and reasonable consideration for a license to discharge Storm Water to the Canal, Littleton is willing to assume maintenance obligations for the Authorized Area in which it is authorized to discharge, treat and convey Storm Water. I. Denver Water’s Board of Water Commissioners has a policy adopted May 4, 1999 (“Storm Water Policy”) of not accepting surface drainage that has been modified in quality, quantity or manner of flow into the High Line Canal. J. Denver Water is willing to make an exception to its Storm Water Policy in the interest of exploring future additional uses for the Canal and testing its efficiency for Storm Water treatment. AGREEMENT

NOW, THEREFORE, Littleton, Denver Water, and MHFD agree as follows: 1. Recitals Incorporated. Recitals set forth in paragraphs A through J are incorporated into the Agreement. 2. Purpose of Agreement. Denver Water enters into this Agreement with Littleton for the purpose of authorizing Littleton to discharge Storm Water into the Canal for treatment and conveyance to the nearest downstream tributary intersecting the Canal. MHFD is a party to this Agreement only for the purpose of providing technical expertise to Littleton and Denver Water, and is a party to this Agreement only for the purposes of paragraphs 6.1, 6.2, 6.3, 6.10, 6.12, 6.14, 17, and the miscellaneous provisions referencing the rights of a Party or the Parties, generally. 3. Definitions. 3.1. The “Authorized Area” is a segment of the Canal extending from the Canal 25 feet west of Windermere bridge west face to Lee Gulch Flume waste gate as generally depicted in Exhibit A. 3.2. “High Line Canal” or “Canal” refers to and includes Denver Water’s right-of-way as described in Exhibit B (also depicting the Authorized Area), and the Canal channel, vegetation, and all appurtenant facilities including signs, paths, roads, siphons, flumes, laterals, gates including ditch headgate and turnouts, trash racks and screens, wasteways, and water measurement devices. 3.3. “Lee Gulch Flume and Wasteway” means a flume at the intersection of the High Line Canal and Lee Gulch and wasteway used to bypass water to Lee Gulch through a 47” x 47” manually operated slide gate. 3.4. “Storm Water” means Storm Water runoff, snow melt runoff, and surface runoff and drainage and has the same meaning as the term defined in 40 CFR 122.26(b)(13) and Regulation 5 CCR 1002-61 61.2(103).

LICENSE, MAINTENANCE AND OPERATIONS

4. License. Subject to the terms of this Agreement, Denver Water hereby licenses Littleton, its employees, agents, and contractors to use and access the Canal and Canal right- of-way within the Authorized Area for the following purposes: 4.1. constructing, installing, operating and maintaining Storm Water discharges to the Canal; 4.2. constructing, installing, operating and maintaining Storm Water berms in the Canal and for the conveyance of Storm Water therein; and 4.3. performing the maintenance activities within the Authorized Area, as described in section 7 below. 5. Term of License. The license shall run concurrent with this Agreement and shall not be terminable absent the mutual agreement of the Parties or termination of this Agreement under section 14.

6. License Terms and Conditions. 6.1. Size and Number of Storm Water Outfalls and Berms. Littleton may install Storm Water outfalls into the Canal and berms within the Canal channel (collectively, the “Installation(s)”) within the Authorized Area so as not to exceed MHFD’s determination that the number and capacity of the outfalls and berms appropriate for the Authorized Area. Before constructing the Installations within the Authorized Area, MHFD will review and approve Littleton’s design of the Storm Water outfalls and berms. Littleton shall provide MHFD with, at a minimum, a description of the Installations, including their capacities, design, and location (“Design Specifications”). After MHFD approves the Design Specifications, Littleton shall provide written notice to Denver Water. The notice shall include the Design Specifications with any changes requested by MHFD and confirmation that MHFD has determined that the capacities of the Installations are appropriate. If Denver Water does not raise objections within thirty-five (35) days after receiving Littleton’s written notice, the Design Specifications shall be automatically made an exhibit to this Agreement and Littleton may proceed to construct the Installations, which shall become a licensed Installation subject to this Agreement. If Denver Water raises objections, the Design Specifications will not be made an exhibit to this Agreement and Littleton will refrain from beginning work to construct the Installations until the objections have been resolved as confirmed in writing by Denver Water. 6.2. Capacity of Outfalls. Total Storm Water runoff volume conveyed to the Canal, as authorized under this Agreement, whether conveyed in storm sewer outfalls or by overland flow, shall not be increased beyond that which has been modeled and verified by MHFD during a 100-year storm event. The water quality berms may retain stormwater in the Canal, provided Canal improvements are designed and implemented to release the retained volume within 72 hours. 6.3. Construction Activities to Conform to Design Specifications. Any construction or activity initiated under this Agreement shall comply with and shall be performed and completed according to and within the tolerances submitted on the Design Specifications unless otherwise approved in writing by Denver Water and MHFD. 6.4. Denver Water Reserves Right to Make Full Use of Property. Denver Water reserves the right to make full use of the Canal as may be necessary or convenient in the operation of the water plant and system under the control of Denver Water. Denver Water retains all rights to operate, maintain, repair, remove, relocate, or install any of Denver Water’s facilities within the Authorized Area at any time and in such a manner as Denver Water deems necessary or convenient. Denver Water may exercise this right by giving Littleton a minimum of thirty-five (35) calendar days’ prior written notice. 6.5. City Responsible for Expenses. All work authorized by this Agreement shall be performed by Littleton at no expense to Denver Water. Except as otherwise set forth herein, Littleton shall own and maintain its Installation(s) thereafter. This Agreement shall, in no way, imply that ownership of the land underlying or surrounding the licensed Installation(s) or activity is being conveyed. 6.6. Notice of Work. Littleton shall notify Denver Water at least 48 hours prior to commencing work on the Canal. In the event of an emergency, Littleton shall notify Denver Water at (303) 628-6801 (“Dispatch”). During regular working hours, Littleton shall notify Denver Water’s High Line Canal District Foreman, or other designated representative, at (303) 634-3400. 6.7. Minimization of Loss. Littleton will use reasonable means to prevent any loss or damage to Denver Water or to others resulting from the construction, operation, maintenance, repair, modification, replacement, or removal of Littleton’s Installation(s). Any reasonable repair or replacement of any of Denver Water’s facilities on its property made necessary, in the opinion of the Denver Water’s representative, because of the construction, operation, maintenance, repair, modification, replacement, or removal of Littleton’s Installation(s), shall be made only by Denver Water’s representative and at the sole expense of Littleton. 6.8. Hazardous Waste Materials. Littleton understands and agrees that it is fully responsible for compliance with all rules and regulations relating in any way to the use, storage, treatment, or disposal of hazardous materials, including, but not limited to, chemicals and petroleum products. Littleton agrees to strictly comply with all federal, state, and local regulations that in any way relate to hazardous materials. If, as a result of Littleton’s occupancy of the premises and its operations, any such law, ordinance, rule, or regulation is violated, Littleton shall assume all liability, insofar as the violation was caused by, or resulted from, Littleton’s operations. 6.9. Payment of Materials and Work. Littleton shall pay for all materials joined or affixed by Littleton to the Canal and shall pay in full all persons who perform labor upon Denver Water property for Littleton and obtain lien releases for all such materials and labor, which shall be provided to Denver Water, and shall not permit any mechanic’s or material man’s lien of any kind or nature to be enforced against Denver Water property for any work done and materials furnished thereon at the instance, request, or on behalf of Littleton. 6.10. Work to be Performed in Accordance with Denver Water Engineering Standards. All trenches and excavations, backfill and tamping by Littleton shall be in accordance with Denver Water’s Engineering Standards and subject to approval by Denver Water’s representative unless otherwise included and approved by Denver Water and MHFD in the Design Specifications. 6.11. Restoration of Canal. Within twenty-one (21) calendar days from the date of completion of work required to construct the Installation(s), Littleton shall clear the Canal and surrounding property of all construction debris caused by Littleton and shall restore the Canal and surrounding property, including any damaged roads and fencing to their pre-existing condition as nearly as may be possible with the exception of the Installation(s). Restoration and clearance of the surface shall include replacement of the topsoil in cultivated and agricultural areas, removal of any excess earth resulting from such work, and re-seeding to the satisfaction of Denver Water’s representative. Restoration of the roads shall include, but is not limited to, resurfacing. Any future disturbance of the Canal, roads or fencing, which are disturbed by the reconstruction, operation, maintenance, repair, modification, replacement, or removal of Littleton’s Installation(s), shall immediately be restored by Littleton to a condition satisfactory to Denver Water’s representative. Littleton shall at no time obstruct Denver Water roadways, ingress to, or egress from such roadways. If restoration of the Canal, roads and fences is not accomplished by Littleton within the twenty-one (21) days, Denver Water at its election may perform such restoration at Littleton’s expense. Littleton shall conduct all construction, operation, maintenance, repair, modification, replacement, or removal of its Installation(s) in such a manner that Denver Water at all times shall have full and complete access to its property. 6.12. MHFD Monitoring and Inspection. Upon completion of construction of the outfall and berms, MHFD may access the Canal within the Authorized Area to (1) monitor the volume of Storm Water lost in carriage; (2) monitor the water quality of stormwater within the Authorized Area; and (3) to assess maintenance needs of outfalls and berms. MHFD agrees to share with Littleton and Denver Water, monitoring data, maintenance assessments, and any reports produced by MHFD regarding the use of the Canal to treat and convey Storm Water. 6.13. Canal As-is. Littleton acknowledges that Denver Water is making the Canal available “as is”. Denver Water is under no obligation to make any improvements to the Canal to accommodate, carry, bypass Littleton’s Storm Water or the Storm Water of others. Denver Water is also under no obligation to measure, track, record, or account for Littleton’s Storm Water. 6.14. Denver Water’s Delivery of Irrigation Water. Littleton shall assume all risks to its own operations resulting from the presence of water in the Canal. Denver Water continues to have customers on the High Line Canal and may continue to make water deliveries to its customers via the Canal to meet its customers contractual rights. The irrigation season is from April 1st until October 31st each year and diverted water may be flowing in the Canal during this time. Additionally, water may be flowing in the Canal at other times during the year. MHFD has developed an operational model to understand Storm Water and irrigation flows in the Canal. Littleton will continue to coordinate with MHFD to understand how Storm Water flows discharged to the Canal, including within the Authorized Area, interact with other flows in the Canal as represented by the model. 6.15. Insurance. Littleton and any of its contractors performing work authorized hereunder shall maintain commercial general liability insurance with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate in full force and effect while performing work within the Authorized Area under this Agreement. Such insurance shall include Littleton and County of Denver, acting by and through its Board of Water Commissioners, and MHFD as additional insureds and shall be primary and non-contributing with respect to any insurance or self-insurance program of Denver Water and MHFD. Littleton shall provide to Denver Water and MHFD certificates of insurance (and renewals thereof) demonstrating that the foregoing and following insurance requirements have been met. In addition, any of Littleton’s design professionals providing services related to the authorized work shall maintain professional liability insurance with a limit of not less than $2,000,000 per claim for licensed professional services such as, but not limited to, architectural, engineering, or survey services. 6.16. Abandonment of License. If Littleton does not use the licensed rights herein granted or its Installation(s) for a period of two (2) years, Denver Water may, at its election, revoke the license issued under this Agreement by written notice to Littleton’s representative as set forth in paragraph 35. If the license is revoked, Littleton will remove its Installation(s) in accordance with paragraph 14.3 below and upon Denver Water’s written approval this Agreement shall be terminated. 7. Maintenance. 7.1. Maintenance Activities. Except as provided in section 8 below, Littleton shall assume responsibility for the following “maintenance activities” within the Authorized Area. These obligations will begin upon the effective date of this Agreement, and will be undertaken by Littleton as consideration for Denver Water’s issuance of a license to Littleton for the use of the Canal to convey Storm Water. 7.1.1. Littleton will perform inspections of the condition of trees within the Authorized Area no less than once annually, and perform tree maintenance, including pruning and limbing of trees, and cutting and removing dead trees to prevent the presence of a dangerous condition of the trees within the Canal right-of-way or an obstruction of the Canal within the Authorized Area. In performing tree maintenance, Littleton will review the current High Line Canal tree inventory maintained by Denver Water and remove any Priority 1 and 2 trees on an annual basis. For the purpose of this Agreement, “Priority 1” refers to trees that have defects that cannot be cost-effectively or practically treated, have a high amount of deadwood, and pose an immediate hazard to property or person. “Priority 2” refers to trees that are the same as Priority 1 trees except that they do not pose a risk of liability to property or person due to their relative size as compared to Priority 1 trees. 7.1.2. Littleton will spray for noxious weeds and control insects to minimize presence within the Authorized Area and avoid creating nuisance conditions in accordance with state and federal regulations, including the Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act, 8 CCR 1206-2, and Administration and Enforcement of the Pesticide Act, 8 CCR 1203-1. 7.1.3. Littleton will maintain vegetation within the Canal right-of-way within the Authorized Area at a low enough level to observe the water flow in the Canal from the recreational trail, but not lower. 7.1.4. Littleton will maintain, repair, and keep the Canal channel within the Authorized Area in a condition capable of conveying Storm Water to the intersection of the Canal and Lee Gulch. 7.1.5. Littleton will maintain its Installations so as to keep the Installations in a safe and operable condition. 8. Denver Water’s Maintenance and Operational Responsibilities. 8.1. Debris from Irrigation Runs. When Denver Water runs water down the Canal for irrigation deliveries, Denver Water will be solely responsible for any debris pushed down the Canal by the irrigation deliveries. If Denver Water’s irrigation deliveries results in an obstruction of debris within the Canal within the Authorized Area, no later than five calendar days after receiving written notice from Littleton, Denver Water will remove and dispose of debris obstructing the Canal. Denver Water shall be responsible for any damage caused to the Authorized Area due solely to its irrigation deliveries. 8.2. Maintenance of Canal Structures. Except as provided in paragraph 8.4s below, so long as Denver Water continues to make irrigation deliveries using the segment of the Canal located within the Authorized Area, Denver Water will retain maintenance responsibility for all Ancillary Canal Structures located within the Authorized Area. Ancillary Canal Structures refers to any siphons, flumes, laterals, gates including ditch headgate and turnouts, trash racks and screens, wasteways, and water measurement devices (collectively “Ancillary Canal Structures”), but exclusive of any Installations and the Canal channel within the Authorized Area. 8.3. Lee Gulch Wasteway. The Lee Gulch Flume and Wasteway is used to bypass Storm Water and any other non-irrigation water flows from the Canal to Lee Gulch. Denver Water will be responsible for operating and maintaining the Lee Gulch Flume and Wasteway for the purpose of bypassing Storm Water, including Storm Water from the Authorized Area, from the Canal to Lee Gulch. Denver Water will operate the Lee Gulch Flume and Wasteway by leaving the wasteway open when Denver Water is not making irrigation deliveries to its Canal customers so that Storm Water may be bypassed to Lee Gulch. When Denver Water is making irrigation deliveries to its Canal customers, Denver Water will adjust the Lee Gulch Flume and Wasteway to a level sufficient to bypass Storm Water from the Authorized Area while retaining water diverted at the headgate of the Canal for irrigation deliveries to Canal Customers. 8.4. Cost to Maintain Ancillary Canal Structures. If Denver Water permanently discontinues irrigation deliveries using the segment of the Canal located within the Authorized Area, at Denver Water’s written request, Littleton will assume responsibility for the operation and maintenance of any necessary Ancillary Canal Structures within the Authorized Area required for continued Storm Water conveyance except for the Lee Gulch Flume and Wasteway; provided, however, Denver Water may assess a fee to Littleton to cover the annual cost of continued operation of the Lee Gulch Flume and Wasteway or, at Littleton’s expense, install a self-operating structure capable of bypassing Storm Water to Lee Gulch. 9. No Assessment of Fees or Rates. In consideration of Littleton undertaking the maintenance obligation in section 7 above, Denver Water will not charge Littleton any fees or rates to use the Canal for Storm Water treatment and conveyance except as provided in sections 8.4 and 29. Littleton may not assess any fees or rates to Denver Water or make any demand of payment for the maintenance, upkeep and/or operation of the Canal for Littleton’s authorized uses set forth above except as otherwise provided in section 8 above.

PERMITTING, LIABILITY AND TERMINATION 10. Responsibility for Environmental Permits. Certain Denver Water properties may contain habitat for listed “threatened” or “endangered” species under the Endangered Species Act (“ESA”). Littleton shall be responsible for determining the presence of such habitat and taking measures to comply with the ESA. In addition, the U.S. Army of the Corps has determined that certain segments of the Canal are jurisdictional waters of the . Certain segments of the Canal may also contain or be connected to State Waters. Littleton shall be solely responsible for obtaining all environmental permits for activities which it is authorized and/or obligated to carry out under this Agreement, including the: (1) construction, operation, maintenance, and repair of the Canal Channel within the Authorized Area; (2) maintenance of vegetation within the Authorized Area; and (3) the discharge and conveyance of Storm Water in the Canal. Such permits may include permits required under § 404 of the Clean Water Act, 33 U.S.C. §§ 1251 et seq., the Colorado Water Quality Control Act, 25 U.S.C. §§ 25-8-101 et seq., and wastewater discharge permits required under Regulation No. 5 CCR 1002-61. Littleton may also be required to comply with the National Historic Preservation Act, 16 U.S.C. §§ 470 et seq. Littleton shall supply Denver Water with documentation proving that such authority has been obtained or that such permission is not required by the regulatory authority. 11. Discharge of Storm Water. Littleton’s discharges of water to the Canal shall at all times be in accordance with its municipal separate storm sewer systems (“MS4”) permit. Littleton shall apply Best Management Practices (“BMPs”) to Storm Water as required under Littleton’s MS4 permit before Storm Water is discharged to the Canal. 12. Responsibility for Compliance with State Water Law. Littleton will be solely responsible for complying with State water law when discharging Storm Water to the Canal. To ensure that its use of the Canal is in compliance with State water law, Littleton will release Storm Water conveyed down the Canal under this Agreement to the nearest stream intersected by the Canal within 72 hours or such other policy or requirement that may be adopted by the Office of the State Engineer in the future.

MISCELLANEOUS PROVISIONS 13. Liability. To the extent allowed by Colo. Const. art. XI, §1, Littleton agrees to be liable for: 13.1. property damage, bodily injury or death resulting from an act or omission related to the design, construction, Installation, operation or maintenance of Littleton’s Installations; 13.2. any regulatory action by governmental authority or citizen suit related to governmental permitting, including permitting under the Clean Water Act or other environmental law or regulation, required for the construction, maintenance or repair of Littleton’s Storm Water discharges into the Canal; and 13.3. property damage, bodily injury or death resulting from an act or omission related to Littleton’s maintenance activities performed within the Authorized Area under section 7. 14. Termination. 14.1. Termination by Denver Water. Denver Water may terminate or seek specific performance under this Agreement forty-nine (49) days after providing advance written notice to Littleton or its designee if: 14.1.1. Littleton breaches a material term of this Agreement and fails to cure within thirty-five (35) days of written notice by Denver Water of the alleged breach; 14.1.2. Littleton’s use of the Canal to convey Storm Water conflicts with Denver Water’s irrigation water delivery obligations to its High Line Canal customers and the parties are unable to develop a mutually agreeable solution to reconcile such conflict; or 14.1.3. Denver Water is required by governmental authority to obtain a discharge permit for Storm Water discharges into the Canal or a plan for augmentation to replace depletions from the discharge of Storm Water into the Canal. 14.2. Termination by Littleton. Littleton may terminate this Agreement after providing forty-nine (49) days advance written notice to Denver Water. 14.3. Removal of Outfall in the Event of Termination. After written notice of termination is received by the other party under paragraphs 14.1 or 14.2 above, within forty-nine (49) days or, if necessary, according to a schedule mutually agreed to between the parties, Littleton shall be solely responsible for plugging and/or removal of the Storm Water outfall(s) into the Canal installed under this Agreement, and redirection of Storm Water away from the Canal. If a schedule cannot be agreed upon by the parties, or if City fails to timely secure an alternative viable means of conveying Storm Water other than through the Canal, Denver Water may design and construct an alternative means of Storm Water conveyance at Littleton’s sole expense, which alternative means of Storm Water conveyance must be at a reasonable cost. This paragraph shall survive termination of this Agreement. 15. High Line Canal Conservancy. Denver Water and Littleton will take into consideration the mission and goals of the High Line Canal Conservancy when performing work in the Canal or the Canal right-of-way. 16. New Canal Segments. Littleton and Denver Water acknowledge Storm Water from Littleton currently enters other Canal segments, has the potential to be introduced to the Canal in the future, and/or has the potential to be introduced in modified amounts within the Authorized Area. The parties agree to continue to explore, cooperate and formalize the expanded use of the Canal as a Storm Water treatment and conveyance system with the goal of utilizing the length of the Canal located within Littleton as a facility devoted exclusively to Storm Water conveyance and treatment. 17. Formation of Storm Water Management Entity. The parties commit to cooperate in the formation of a Storm Water management authority for the purpose of overseeing use of the Canal for Storm Water management purposes across multiple municipal jurisdictions. If a Storm Water management authority is formed, Littleton agrees, unless Denver Water otherwise objects, to relinquish any rights or responsibilities that it has under this Agreement to the Storm Water management entity. 18. Agreement Subject to Prior Agreements. The rights and privileges granted in this license are subject to prior agreements, licenses, and conveyances, recorded or unrecorded, and it shall be Littleton’s sole responsibility to determine the existence of any rights, uses, or Installations conflicting with Littleton’s use of Denver Water’s property hereunder and to resolve any conflict. 19. Recreational Activities. Denver Water and South Suburban Park District entered into a Lease Agreement for Recreational Use of the High Line Canal (“Lease”) in 2007. This Agreement is not intended to terminate or modify the Lease and shall be construed harmoniously with the Lease. In event of a conflict with, or inconsistent with, any provision in the Lease, this Agreement shall govern and control. 20. No Real Property Interest Granted. Denver Water makes no grant of real property rights or interests in the Canal under this Agreement. All rights to the Canal channel, right-of-way, and water right are retained by Denver Water. 21. Governmental Parties Acting in a Legislative Capacity. Denver Water and Littleton are both acting in their respective legislative capacities in entering into this Agreement, and not a proprietary capacity. 22. No Operating Obligation. Nothing herein shall be deemed or construed as creating any obligation on Denver Water to operate its facilities in any particular manner, so long as Denver Water complies with the express terms of this Agreement. 23. Denver Charter Provisions. This Agreement is made under and conformable to Article X of the Charter of the City and County of Denver. Insofar as applicable, the Charter provisions are incorporated herein and made a part hereof and shall supersede any apparently conflicting provisions otherwise contained in this Agreement. 24. Operating Rules. This Agreement is made under and conformable to Denver Water’s Operating Rules and Engineering Standards applicable to the delivery of water within Littleton. 25. Governmental Immunity Act. The Parties agree that they are relying upon, and have not waived, the monetary limitations, rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as it may be amended from time to time. 26. No Assignment. No right hereunder shall be assigned by either party, except with the written consent of Denver Water. 27. Successors and Assigns. This Agreement will be binding upon the parties’ successors and, if approved by Denver Water and Littleton, their respective assigns. 28. Waiver. No party shall waive its rights hereunder by failing to exercise its rights; any such failure shall not affect the right of such party to exercise at some future time the rights not previously exercised. 29. Remedies. None of the remedies provided for under this Agreement need to be exhausted or exercised as a prerequisite to either party's pursuit of further relief to which it may be entitled. However, in the event a party fails to meet its obligations hereunder, the other party may suspend performance of its obligations until the parties can confer regarding how and when the first party will meet its obligations. 30. No Exclusive Right. Nothing in this Agreement shall be construed as a grant by either party of any exclusive right or privilege. 31. Venue. Venue for any dispute over any issue resulting from this Agreement shall be in the District Court for Littleton and County of Denver. 32. Integration. This Agreement shall be construed and enforced as the fully integrated expression of the parties' contract with respect to the matters and subjects addressed herein. No express or implied covenant not specifically set forth herein shall be deemed to be a part of this Agreement. 33. Effect on Prior Contracts. Except as specifically referenced and altered herein, any other agreements between the parties shall remain in full force and effect. 34. Electronic Signatures & Records. The parties consent to the use of electronic signatures. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically. The parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 35. Notice and Representatives. The parties shall contact the persons listed below for all matters related to administration of this Agreement. All notices required or given under this Agreement shall be in writing and shall be deemed effective: (a) when delivered personally to the other party; or (b) seven (7) days after posting in the United States mail, first-class postage prepaid, properly addressed as follows; or (c) when sent by e-mail. If notice is provided by e-mail, the notifying party must follow up with a hard copy of the notice sent by United States mail; however, the notice will be effective as of the original e- mail date.

Denver Water: CC:

Tom Roode Office of General Counsel Chief Operations and Maintenance Officer Denver Water Denver Water 1600 W. 12th Avenue 1600 W. 12th Avenue Denver, CO 80204 Denver, CO 80204 Email: [email protected]

City of Littleton: CC:

Keith Reester Reid Betzing Public Works Director City Attorney 2255 W Berry Avenue 2255 W Berry Avenue Littleton, CO 80120 Littleton, CO 80120 Email: [email protected] Email: [email protected]

MHFD: CC:

Kenneth A. MacKenzie Edward J. Krisor Executive Director Attorney At Law 2480 W. 26th Ave. Suite 156-B 3900 S. Wadsworth Blvd., Suite 320 Denver, CO 80211 Denver, CO 80235 Email: [email protected] [email protected]

Or such other persons or addresses as the parties may have designated in writing.

36. Subject to Appropriation. Littleton's payment obligation, whether direct or contingent, extends only to funds appropriated annually by Littleton of Littleton City Council, and encumbered for the purpose of the Agreement. Littleton does not by the Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. The Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of Littleton.

37. Effective Date. This Agreement will become effective ("Effective Date") upon execution by all required signatories below.

CITY AND COUNTY OF DENVER, ATTESTED: acting by and through its BOARD OF WATER COMMISSIONERS

By: Secretary By: President

DATE:

APPROVED: REGISTERED AND COUNTERSIGNED: CITY AND COUNTY OF DENVER By: Chief Operations & Maintenance By: Officer Timothy M. O’Brien, CPA Auditor

By: Chief Engineering Officer

By: Chief External Affairs Officer

APPROVED AS TO FORM:

By: Office of General Counsel

MILE HIGH FLOOD DISTRICT

By:______Ken MacKenzie, Executive Director

CITY OF LITTLETON

By:______Debbie Brinkman, Mayor

ATTEST:

______City Clerk

APPROVED AS TO FORM:

______City Attorney

EXHIBIT A AUTHORIZED AREA

◙ Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(d) Staff Communication

File #: Resolution 51-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 51-2019: Approving an Intergovernmental Agreement between the City of Littleton and the City of Centennial for pavement rehabilitation on East Orchard Road between South Pearl Street and Broadway

Prepared by: Brent Thompson, City Engineer

PURPOSE: To approve an Intergovernmental Agreement (IGA) between the City of Littleton and the City of Centennial for pavement rehabilitation on East Orchard Road between South Pearl Street and Broadway.

PRESENTATIONS: Staff Presenter(s): N/A Additional Presenter(s): N/A

SUMMARY: The municipal boundary between the City of Littleton and the City of Centennial on East Orchard Road is approximately 600 feet east of Broadway. Each city is responsible for maintenance of the street within its jurisdiction.

The City of Centennial initiated pavement and concrete rehabilitation on a segment of East Orchard Road between South Pearl Street and Broadway. This work consists of the removal and installation of curb and gutter, as well as asphalt patching and full-width milling and overlaying of the street surface. Portions of the project lie within the jurisdiction of each city. The City of Centennial is managing this project.

The City of Littleton agreed to reimburse the City of Centennial for its share of the material and labor costs.

PRIOR ACTIONS OR DISCUSSIONS: This subject has not previously been discussed with council.

ANALYSIS: Staff Analysis Both cities realize a cost savings in undertaking projects of mutual benefit. Joint projects such as this result in a higher-quality finished product versus being constructed independently. Joint projects also reduce the public impact by taking place concurrently.

Council Goal, Objective, and/or Guiding Principle This project meets Goal 2: Financial Sustainability/Objective 4: Identifying, assessing and prioritizing long-term capital needs through its inclusion in the Public Works Department’s 2019 Pavement Management Projects. This project further meets Goal 2: Financial Sustainability/Objective 5: Identifying, assessing and prioritizing funding for capital needs by leveraging strategic cooperative projects with partner agencies when the opportunities arise. By undertaking this project together with Centennial, the city will realize a cost savings and high- quality seamless construction.

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 51-2019, Version: 1

Fiscal Impacts The city will reimburse the City of Centennial for the portion of work within Littleton in the amount of $118,196.05. Staff anticipated this project when planning its 2019 budget, and funding is available in the Capital Projects Fund.

Alternatives Should this agreement not be approved, the city would need to undertake the work within Littleton independently, at a much higher cost than if completed as part of the joint project with Centennial. This would also result in double the traffic impact for the same project.

STAFF RECOMMENDATION: Staff recommends approval of the IGA between the City of Littleton and the City of Centennial for pavement rehabilitation on East Orchard Road between South Pearl Street and Broadway

PROPOSED MOTION: I move to approve the resolution approving an Intergovernmental Agreement between the City of Littleton and the City of Centennial for pavement rehabilitation on East Orchard Road between South Pearl Street and Broadway.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 51 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AUTHORIZING AN INTERGOVERNMENTAL 9 AGREEMENT WITH THE CITY OF CENTENNIAL FOR PAVEMENT 10 REHABILITATION ON EAST ORCHARD ROAD BETWEEN SOUTH 11 PEARL STREET AND BROADWAY 12 13 14 WHEREAS, the Council may, by resolution, enter into contracts with other 15 governmental bodies to furnish or receive governmental services, to make or pay charges for 16 such service, and to enter into cooperative or joint activities with other governmental bodies; and 17 18 WHEREAS, the City of Centennial is performing a pavement and concrete 19 rehabilitation project on East Orchard Road between South Pearl Street and Broadway; and 20 21 WHEREAS, the municipal boundary between the City of Littleton and the City 22 of Centennial traverses a portion of said pavement rehabilitation project, with each city being 23 responsible for maintenance of the street within its jurisdiction; and 24 25 WHEREAS, the City of Littleton has agreed to reimburse the City of Centennial 26 for its share of the material and labor costs, in the amount of $118,196.05. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 29 THE CITY OF LITTLETON, COLORADO, THAT: 30 31 Section 1. An Intergovernmental Agreement with the City of Centennial for 32 pavement rehabilitation on East Orchard Road between South Pearl Street and Broadway, is 33 hereby approved. 34 35 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

36 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

37 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

38 ATTEST: 39 40 41 ______42 Wendy Heffner Debbie Brinkman 43 CITY CLERK MAYOR 44 45 Resolution No.51 Page 2 of 2 46 47 APPROVED AS TO FORM: 48 49 ______50 Reid Betzing 51 CITY ATTORNEY

INTERGOVERNMENTAL AGREEMENT ROADWAY CONSTRUCTION FUNDING THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into this ___ day of ______, 2019, by and between CITY OF LITTLETON, a home rule municipality of the State of Colorado (“Littleton”), and the CITY OF CENTENNIAL, a home rule municipality of the State of Colorado (“Centennial”). Littleton and Centennial are individually referred to herein as “Party” and collectively the “Parties”. RECITALS WHEREAS, the Parties are authorized by § 29-1-203, C.R.S. as amended, to enter into contracts or agreements for the sharing of costs for any function, service, or facility authorized to each of the cooperating or contracting parties; and WHEREAS, § 29-1-201, C.R.S. as amended, clearly articulates and affirmatively expresses a State policy authorizing political subdivisions of the State of Colorado to cooperate and contract to make the most efficient and effective use of their respective powers; and WHEREAS, Centennial is performing pavement and concrete rehabilitation that generally consists of the removal and installation of curb and gutter, curb ramps, truncated domes, pavement markings as well as asphalt patching, edge and full-width milling, striping, overlays of varying depths (the “Project”); and WHEREAS, the Project location includes that portion of East Orchard Road from South Pearl Street to Broadway (the “Project Road”); and WHEREAS portions of the Project Road lie within the jurisdiction of each Party; and WHEREAS, Littleton agrees to pay a share of the materials and labor costs incurred by Centennial for that portion of the Project Road located within the boundaries of Littleton; and WHEREAS, Centennial intends to complete the Project this fall and has determined that Littleton's share of the materials and labor costs is $118,196.05 as further described in Exhibit A (“Littleton Share”); and WHEREAS, the Parties desire to enter into this Agreement to provide for Centennial to complete the work on the Project Road and for Littleton to remit to Centennial the Littleton Share. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, which the Parties agree is sufficient, it is hereby agreed that:

1

1. Purpose. The purpose of this Agreement is to permit Centennial to complete the Project and Littleton to remit the Littleton Share to Centennial following completion thereof. 2. Timing of the Project. The Parties anticipate that the work will begin in upon approval of this Agreement by the Parties' elected bodies and take approximately one (1) month to complete. 3. Project Representatives. (a) Littleton Representative. Littleton hereby designates Brent Thompson ([email protected] (303)795-3798) as the Littleton Representative to coordinate all communication with Centennial related to the Project and issues arising under this Agreement. (b) Centennial Representative. Centennial hereby designates Michael Terry ([email protected] (303)325-8032) as the Centennial Representative to coordinate all communication with Littleton related to the Project and issues arising under this Agreement. 4. Littleton Payments. Littleton shall remit the Littleton Share to Centennial within thirty (30) days after it receives an invoice from Centennial for the work on the Project Road. Centennial shall not submit the invoice until work on the Project Road is complete. 5. Contract Administration. As the contract administrator for the Project, Centennial shall:

 Establish and maintain a method of prompt and efficient communication concerning the Project with the Littleton Representative.

 Provide all necessary or desirable expertise and experience (e.g. but not limited to legal, contract administration, engineering, financial, accounting) to manage the performance of the contractors. 6. Term. This Agreement shall be effective as of October 1, 2019 and shall terminate upon the completion of work on the Project Road. 7. Notice. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given, at the address set forth below, or at such other address as has been previously furnished in writing, to the other party. Such notice shall be deemed to have been given when deposited in the United States mail.

Littleton: City of Littleton 2255 W. Berry Avenue Littleton, Colorado 80120

2

Attn: City Manager

With a copy to: Littleton City Attorney 2255 W. Berry Avenue Littleton, Colorado 80120 Attn: City Attorney

Centennial: City of Centennial 13133 E. Arapahoe Road Centennial, Colorado 80112 Attention: City Manager

With a copy to: Centennial City Attorney Widner Juran LLP 13133 E. Arapahoe Road, Suite 100 Centennial, Colorado 80112 8. Miscellaneous Provisions. (a) This Agreement contains all the terms agreed upon by the Parties related to the Project. Any amendments or modifications to this Agreement must be in writing executed by the Parties in order to be valid and binding. (b) The Parties agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. (c) Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to confer rights upon any persons or entities not named as parties, nor to limit in any way the powers and responsibilities of the Parties. Nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity under or pursuant to this Agreement. It is the express intention of the Parties hereto that any person or entity, other than the Parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental beneficiaries only. (d) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. (e) The Parties agree to execute any additional documents or take any additional action that is necessary to carry out the intent of this Agreement. (f) No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other of the provisions of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly

3

provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. (g) No elected official, officer, agent or employee of Littleton or Centennial shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of any breach thereof or because of its or their execution or approval of this Agreement. (h) The Parties and their respective elected officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Agreement the monetary limitations or any other rights, immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq. (i) The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout. IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date set forth above.

CITY OF LITTLETON ATTEST:

By:

APPROVED AS TO FORM:

By: ______City Attorney

CITY OF CENTENNIAL

ATTEST:

By: City Clerk or Deputy City Clerk By: Matt Sturgeon, City Manager pursuant to the authority provided by Resolution 2019-R-

APPROVED AS TO FORM:

By: ______City Attorney’s Office

4

EXHIBIT A

EXHIBIT A Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(e) Staff Communication

File #: Resolution 53-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 53-2019: Approving the 2020 Operating Plan and Budget for the Highline Business Improvement District

Prepared by: Becky Phye, Executive Assistant

PURPOSE: The Business Improvement District Act, Section 31-25-1201, et seq., C.R.S. requires that the Highline Business Improvement District submit an annual Operating Plan and Budget for the coming year for city council approval.

PRESENTATIONS: Staff Presenter(s): Mark Relph, City Manager Additional Presenter(s):

SUMMARY: The Highline Business Improvement District (“District”) was organized to provide financing for public improvements and services needed within the area commonly known as the Ridge at SouthPark. The district was organized pursuant to the Business Improvement District Act (“Act”), Section 31-25-1201, et seq., C.R.S., by Ordinance No. 25, Series of 1998, passed by city council on August 18, 1998. The act requires that the district submit an annual Operating Plan and Budget for the coming budget year for approval by city council.

PRIOR ACTIONS OR DISCUSSIONS: The 2019 Operating Plan and Budget was approved by city council on October 16, 2018.

ANALYSIS: Staff Analysis There has been no change in the district boundaries since it was organized, and none is contemplated for 2020. All capital improvements for which the district was organized have been completed and are in service. No additional improvements are planned for 2020.

Council Goal, Objective, and/or Guiding Principle Engaged. Littleton will remain engaged and civic minded in all matters affecting the direction and priorities of city government and the community.

Fiscal Impacts N/A

Alternatives N/A

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 53-2019, Version: 1

STAFF RECOMMENDATION: Staff recommends approval of the resolution.

PROPOSED MOTION: I move to approve the resolution approving the 2020 Operating Plan and Budget for the Highline Business Improvement District.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 53 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, APPROVING THE 2020 OPERATING PLAN 9 AND BUDGET FOR THE HIGHLINE BUSINESS IMPROVEMENT 10 DISTRICT 11 12 WHEREAS, the city council established the Highline Business improvement 13 District by Ordinance No. 25, Series 1998; and 14 15 WHEREAS, the Highline Business Improvement District has submitted an 16 Operating Plan and Budget for the year 2020 for approval by city council as required by Section 17 31-25-1211, C.R.S.; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 20 THE CITY OF LITTLETON, COLORADO, THAT: 21 22 The Operating Plan and Budget for the Highline Business Improvement District 23 for 2020 is approved. 24 25 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

26 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

27 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

28 ATTEST: 29 30 ______31 Wendy Heffner Debbie Brinkman 32 CITY CLERK MAYOR 33 34 APPROVED AS TO FORM: 35 36 ______37 Reid Betzing 38 CITY ATTORNEY 39

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(f) Staff Communication

File #: Resolution 54-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 54-2019: Approving the 2020 Operating Plan and Budget for the Aspen Grove Business Improvement District

Prepared by: Becky Phye, Executive Assistant

PURPOSE: The Business Improvement District Act, Section 31-25-1201, et seq., C.R.S., requires that the Aspen Grove Business Improvement District submit an annual Operating Plan and Budget for the coming year for city council approval.

PRESENTATIONS: Staff Presenter(s): Mark Relph, City Manager Additional Presenter(s):

SUMMARY: The Aspen Grove Business Improvement District (“BID”) was formed on August 15, 2000 by Ordinance No. 24-2000 for the purpose of financing the public improvements and services necessary for the development and continued operation of the Aspen Grove Lifestyle Center, and in connection therewith, to acquire, construct, install and in certain instances, own, operate and maintain various public improvements.

Pursuant to Section 31-25-1211, C.R.S., by September 30 of each calendar year, the BID is to submit an annual Operating Plan and Budget for the next calendar year to the city council for review and approval.

PRIOR ACTIONS OR DISCUSSIONS: The 2019 Operating Plan and Budget was approved by city council on October 16, 2018.

ANALYSIS: Staff Analysis The BID did not construct or acquire improvements during 2019. The 2019 preliminary assessed valuation for the area of the BID that is subject to the BID’s debt service mill levy is $31,598,068. This is an increase of approximately 19% over the BID’s final 2019 assessed valuation of $26,586,973. As a result, the BID will be able to reduce its debt service mill levy from 40 mills to 25 mills. The BID has no plans to construct any improvements during 2020.

Council Goal, Objective, and/or Guiding Principle Engaged. Littleton will remain engaged and civic minded in all matters affecting the direction and priorities of city government and the community.

Fiscal Impacts N/A

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 54-2019, Version: 1

Alternatives N/A

STAFF RECOMMENDATION: Staff recommends approval of the resolution.

PROPOSED MOTION: I move to approve the resolution approving the 2020 Operating Plan and Budget for the Aspen Grove Business Improvement District.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 54 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, ADOPTING THE 2020 OPERATING PLAN 9 AND BUDGET FOR THE ASPEN GROVE BUSINESS IMPROVEMENT 10 DISTRICT 11 12 WHEREAS, the city council established the Aspen Grove Business 13 Improvement District by Ordinance No. 24, Series 2000; and 14 15 WHEREAS, the Aspen Grove Business Improvement District has 16 submitted an Operating Plan and Budget for 2020 for adoption by city council as 17 required by Section 31-25-1211, C.R.S.; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 20 THE CITY OF LITTLETON, COLORADO, THAT: 21 22 The Operating Plan and Budget for the Aspen Grove Business Improvement 23 District for 2020 is adopted. 24 25 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

26 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

27 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

28 ATTEST: 29 30 ______31 Wendy Heffner Debbie Brinkman 32 CITY CLERK MAYOR 33 34 APPROVED AS TO FORM: 35 36 ______37 Reid Betzing 38 CITY ATTORNEY 39

2020

OperatingPlanandBudget

for

AspenGroveBusinessImprovementDistrict

IntheCityofLittleton,ArapahoeCounty,Colorado

September2019

{00713571.DO CX / } TABLE OFCONTENTS

ArticleI. BACKGRO UND ...... 1

ArticleII. 2019 BID ACTIVITIES ...... 1

ArticleIII. 2020 SERVICES...... 2

ArticleIV.2020 BUDGET...... 2

ArticleV.CO NCLUSIO N ...... 3

{00713571.DO CX / } i 2020 OPERATING PLAN AND BUDGET

FOR

ASPEN GROVE BUSINESSIMPROVEM ENT DISTRICT

ARTICLE I. BACKGROUND

TheAspenGroveBusinessImprovementDistrict(“BID”)wasformedbyLittleton CityO rdinanceNo.24 asadoptedonAugust15, 2000, forthepurposeoffinancingthe publicimprovementsandservicesnecessaryforthedevelopmentandcontinuedoperation oftheAspenGroveLifestyleCenter(“LifestyleCenter”),andinconnectiontherewith,to acquire,construct,installandincertaininstances,own, operateandmaintainvarious publicimprovements. AspenGroveGRF2, LLC, aDelawarelimitedliabilitycompany, hasownedtheAspenGroveLifestyleCentersinceO ctober16,2016.

PursuanttoSection31-25-1211, C.R.S., bySeptember30 ofeachcalendaryear, theBID istosubmitanannualOperatingPlanandBudgetforthenextcalendaryearto theCityCouncilforreviewandapprovalonorbeforeDecember5th ofthecalendaryear, butinnoeventlaterthanthirty(30)daysafterfinalsubmittalshavebeenreceivedbythe City. ThisO peratingPlanandBudgetfor2020 (“2020 O peratingPlan”)maybe amendedinthefuture,butanysubstantialamendmentswouldonlywiththeapprovalof theCityCouncil.

ARTICLE II. 2019 BIDACTIVITIES

TheBID didnotconstructoracquireimprovementsduring2019 .

Assetforthinits2019 O peratingPlanandBudget,onApril13, 2018, theBID refundeditsLimitedTaxGeneralObligationRefundingBond,Series2007, whichwere outstandingintheamountof$6,500,000 throughissuanceofa$5,435,000 LimitedTax GeneralObligationRefundingBond,Series2018 (“2018 Bond”). The2018 Bondbears interestattherateof3.45% andhasafinalmaturityofDecember1, 2030. The2018 BondproducedanetpresentvaluesavingstotheBID of$181,244.60, or3.334767%.

In2008 CityCouncilexcludedLot2,Block3, AspenGroveSubdivision(“Lot2”) from theBID’sterritorialboundariessothatLot2 couldbedevelopedintoresidential apartmentunits. EventhoughLot2 wasexcludedfromtheBID’sterritorialboundaries, itremainssubjecttotheBID’sdebtservicemilllevyforthebondsthatwereinplaceat thetimeoftheexclusionincludinganydebtservicemilllevythatisnecessarytopay principalandinterestonanyrefundingbonds,includingthe2018 Bond.

{00713571.DO CX / } 1 The2019 preliminaryassessedvaluationfortheareaoftheBID thatissubjectto theBID’sdebtservicemilllevyis$31,59 8,068. Thisisanincreaseofapproximately 19 % overtheBID’sfinal2018assessedvaluationof$26,586,9 73.

Asaresult,theBID willbeabletoreduceitsdebtservicemilllevyfrom40 mills to25 mills.

ARTICLE III. 2020 SERVICES

TheBID hasnoplanstoconstructanyimprovementsduring2020.

In2020, theBID’sfocuswillbetoservicetheBID’soutstanding2018 Bondand tomaintainthepublicimprovementstheBID currentlyowns. TheBID hassufficient fundstomakeitsnextdebtservicepaymentdueDecember1, 2019 intheamountof $449,9 59 . Further,basedontheBID’scontemplated2020 Budget,theBID willhave sufficientfundstomakeallscheduled2020 debtservicepayments.

ARTICLE IV. BUDGET

A proposed2020 BudgetfortheBID preparedinaccordancewiththeLocal GovernmentBudgetLaw, Section29 -1-101, e tseq., C.R.S., isattachedheretoas Exhibit1(consistingoffivepages). The2019 BudgetwaspreparedbytheBID’sBudget officer,RobertaStake,ofMorganStakeConsulting. TheBID’s2020 Budgetasfinally adopted,isexpectedtobesubstantiallyinaccordancewiththeproposed2020 Budgetas attachedhereto,subjecttowhateverchangesmaybenecessaryasaresultofthefinal certificationofassessedvaluationreceivedfromtheArapahoeCountyAssessor’sO ffice inDecember2019.

ARTICLE V. CONCLUSION

TheBID wouldliketotakethisopportunitytothanktheCityCouncilandtheCity stafffortheircontinuedassistancewiththeongoingoperationsoftheBID. Toenablethe BID tocomplywiththeprovisionsofSection31-25-1211, C.R.S., theBID respectfully requeststhatCityCounciladoptaResolutionorappropriateM otionapprovingtheBID’s 2020 O peratingPlanandBudgetassubmitted.

{00713571.DO CX / } EXHIBIT1

ASPEN GROVE BUSINESSIMPROVEM ENT DISTRICT

CITY OFLITTLETON

COUNTY OFARAPAHOE

COLORADO

PROPOSED 2020 BUDGET

September2019

{00713571.DO CX / } 2020 BUDGET M ESSAGE

Themodifiedaccrualbasisofaccountingforgovernmentalfundswasusedinthe preparationofthe2020 Budget. Revenueisrecordedwhensusceptibletoaccrualand expendituresarerecordedwhentheliabilityisincurred.

TheAspenGroveBusinessImprovementDistrict(“BID”)wasformedpursuantto CityofLittletonO rdinanceNo.24, Series2000, adoptedonAugust15,2000 pursuantto Section31-25-1201, etseq., C.R.S. forthepurposeoffinancingthepublicimprovements andservicesneededfortheAspenGroveLifestyleCenter,acommercialbusinessarea locatedwithinArapahoeCounty,andentirelywithintheCityofLittleton,Colorado. By wayofexplanationandnotlimitation,theinitialapprovedO peratingPlanfortheBID providedfortheBID toconstruct,installand/oracquirestreetimprovements,including bicyclepaths,curbs,gutters,trafficsafetycontroldevices,sidewalks,pedestrianmalls, streetlights,drainagefacilities,waterandsewerfacilities,andlandscapingofcommon areas.

In2018, theBID refundeditsLimitedTaxGeneralObligationRefundingBonds, Series2007 thenoutstandingintheamountof$6,500,00.

TheprimaryfunctionoftheBID during2020 willbetoservicethedebtonthe BID’s2018 Bond.

TheBID hasnotenteredintonordoesitcontemplateenteringintoanylease purchasecontractsduring2020. Accordingly,noleasepurchasecontracttransactionsare contemplatedintheproposed2020 Budget.

{00713571.DO CX / } ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT Property tax summary 2020

2018 2019 2020 Actual Estimated Proposed

Assessed valuation - Arapahoe County 26,586,973 26,314,052 31,598,068

Mill levy 40.000 40.223 25.000

Property tax revenue 1,063,479 1,058,430 789,952 ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT Proposed Budget General Fund 2020

2018 2019 2020 Actual Estimated Proposed

BEGINNING FUNDS AVAILABLE 568,230 659,407 748,507

REVENUE Specific ownership taxes 77,284 76,000 55,000 Interest income 31,485 30,000 25,000

Total revenue 108,769 106,000 80,000

Total funds available 676,999 765,407 828,507

EXPENDITURES Accounting 2,253 2,400 2,700 Audit 4,000 4,000 5,000 Legal 11,134 10,000 15,000 Maintenance 0 0 0 Miscellaneous 205 500 500 Developer reimbursement 0 0 0 Emergency reserves and contingency 0 56,800

Total expenditures 17,592 16,900 80,000

ENDING FUNDS AVAILABLE 659,407 748,507 748,507 ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT Proposed Budget Debt Service Fund 2020

2018 2019 2020 Actual Estimated Proposed

BEGINNING FUNDS AVAILABLE 1,041,029 950,794 1,453,606

REVENUE Property taxes 1,062,784 1,058,430 789,952 Specific ownership taxes 0 0 0 Interest 2,302 3,300 1,000 Bond proceeds 5,435,000 0 0 Total revenue 6,500,086 1,061,730 790,952

Total funds available 7,541,115 2,012,524 2,244,558

EXPENDITURES

Bond interest 118,755 179,918 167,498 Bond principal 220,000 360,000 370,000 Trustee/Paying agent fees 0 3,000 5,000 Treasurer's fee 15,942 16,000 16,000 Legal 0 0 1,500 Payment to refunding escrow 6,120,395 0 0 Bond issuance costs 115,229 0 0 Contingency 0 0 230,954 Total expenditures 6,590,321 558,918 790,952

ENDING FUNDS AVAILABLE 950,794 1,453,606 1,453,606 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(g) Staff Communication

File #: Resolution 57-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 57-2019: Approving an Intergovernmental Agreement between the City of Littleton and the Colorado Department of Transportation for reimbursement of costs associated with operation and maintenance of traffic control devices on state highways within the city limits

Prepared by: Brent Thompson, City Engineer

PURPOSE: To approve and Intergovernmental Agreement (IGA) between the City of Littleton and the Colorado Department of Transportation (CDOT) for reimbursement of costs associated with operation and maintenance of traffic control devices on state highways within the city limits.

PRESENTATIONS: Staff Presenter(s): N/A Additional Presenter(s): N/A

SUMMARY: For the past 45 years, the city has entered into contracts with CDOT for reimbursement of costs associated with the operation and maintenance of traffic control devices on state highways within Littleton, per Senate Bill No. 8 of 1974. This law requires CDOT to assume these costs.

CDOT does not have the necessary equipment and staff to perform this obligation so it contracts with Littleton for the performance of these duties. The reimbursement rate was negotiated by the Public Works Director. An annual amount of $45,240 was agreed to with the state for the five-year term of the agreement.

PRIOR ACTIONS OR DISCUSSIONS: Similar agreements with CDOT have been in place since 1974, and are renewed every five years.

ANALYSIS: Staff Analysis Staff supports this resolution and finds that city operation and maintenance of the traffic control devices on state highways within the city limits is in the city’s best interest in order to provide the public with safe and efficient traffic control operations along critical transportation corridors.

Council Goal, Objective, and/or Guiding Principle This IGA meets Goal 2: Financial Sustainability/Objective 1: Evaluating and prioritizing existing programs and services for efficient and effective use of resources through a review of the cost for this service, which was found to be equivalent to the reimbursement provided by CDOT. This project further aligns with the Guiding Principle CONNECTED by providing physical mobility through safe and efficient traffic operations along critical transportation corridors within the city.

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Resolution 57-2019, Version: 1

Fiscal Impacts CDOT will reimburse Littleton $45,240 per year for maintenance of the traffic control devices on state highways within the city limits. Staff conducted a cost of services analysis and found the reimbursement amount to be in line with the cost of labor, materials, and equipment necessary to provide the scope of work outlined in the agreement.

Alternatives Should this agreement not be approved, CDOT would take over operation and maintenance of the traffic control devices on the state highways within the Littleton city limits. This would greatly reduce the flexibility that city has to adjust signal timing as needed for congestion mitigation, special event management, and emergency operations. The city would be reliant upon CDOT to respond to requests for timing adjustment and emergency situations, which are currently handled efficiently and promptly by city staff.

STAFF RECOMMENDATION: Staff recommends approval of the IGA between the City of Littleton and CDOT for reimbursement of costs associated with operation and maintenance of traffic control devices on state highways within the city limits.

PROPOSED MOTION: I move to approve the resolution approving an Intergovernmental Agreement between the City of Littleton and the Colorado Department of Transportation for reimbursement of costs associated with operation and maintenance of traffic control devices on state highways within the city limits.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 57 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, AUTHORIZING AN 9 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND 10 THE COLORADO DEPARTMENT OF TRANSPORTATION FOR 11 REIMBURSEMENT OF COSTS ASSOCIATED WITH THE 12 OPERATION AND MAINTENANCE OF TRAFFIC CONTROL 13 DEVICES ON STATE HIGHWAYS WITHIN THE CITY LIMITS. 14 15 16 WHEREAS, the Colorado Department of Transportation and the City of Littleton 17 desire to enter into an agreement for the operation and maintenance of traffic control devices on 18 State highways within city limits; and 19 20 WHEREAS, the Colorado Department of Transportation intends to reimburse the 21 city for the services performed by the city. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 24 THE CITY OF LITTLETON, COLORADO, THAT: 25 26 An Intergovernmental Agreement with the Colorado Department of 27 Transportation for the purpose of maintenance and operation of traffic control devices on State 28 highways within the city limits is hereby approved. 29 30 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

31 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

32 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

33 34 ATTEST: 35 36 ______37 Wendy Heffner Debbie Brinkman 38 CITY CLERK MAYOR 39 40 APPROVED AS TO FORM: 41 42 ______43 Reid Betzing 44 CITY ATTORNEY 45 PO #: 471001513 Routing #: 20-HA1-ZH-03057

(State $Traffic Mtce) Rev 10/03 CITY OF LITTLETON Region: 1 (VJM) CONTRACT THIS AGREEMENT is entered into by and between the CITY OF LITTLETON (hereinafter called the “Local Agency” or the “City”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”). RECITALS: 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function: 2300, GL Account: 4511000010, and Cost Center: R1435-010. (Contract Encumbrance Amount: $45,240.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Section 43-2-102 and 103, C.R.S., require the State to maintain State highways (including where such highways extend through a city or an incorporated town), and Section 43-2-135(1)(i), C.R.S., as amended, requires the State to install, operate, maintain and control, at State expense, all traffic control devices on the State highway system within cities and incorporated towns. 4. The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highway maintenance services on State highways that are the responsibility of the State under applicable law, and for the State to pay the Local Agency a reasonable negotiated fixed rate for such services. 5. The parties also intend that the Local Agency shall remain responsible to perform any services and duties on State highways that are the responsibility of the Local Agency under applicable law, at its own cost. 6. The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144, C.R.S., as amended, and if applicable, in an ordinance or resolution duly passed and adopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance of traffic control devices on the State highway system as hereinafter set forth. 7. The Local Agency has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Local Agency shall perform all maintenance services for the specified locations located within the Local Agency's jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 22 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Option Letter) 5. Exhibit D (Encumbrance Letter). Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2020, whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the State funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract

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and to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this contract, for the satisfactory performance of the maintenance services on the Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in monthly installments, upon receipt of the Local Agency's Statements, as provided herein. C. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices under this agreement at the rates described in Exhibit A. D. The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amount of $45,240.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five- year total of $226,200.00. The negotiated rate per location shall remain fixed for the full five-year term of the contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45 days. E. The Statements submitted by the Local Agency for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that performance, and on which specific sections of the highways such services were performed, in accord with standard Local Agency billing standards. F. If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by the Local Agency does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Section 5: State & Local Agency Commitments: A. The Local Agency shall perform the maintenance services for the certain State highway system locations described herein. Such services and locations are detailed in Exhibit A. B. The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A, in a manner that is consistent with current public safety standards on State highways within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which are incorporated herein by reference as terms and conditions of this agreement. The Local Agency shall provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and maintenance. C. The Parties shall have the option to add or delete, at any time during the term of this agreement and subject to §17 of this agreement, one or more specific traffic control devices to the list shown in Exhibit A and therefore amend the maintenance services to be performed by the Local Agency under this agreement. The State may amend Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit C. D. The Local Agency may propose, in writing, other potential specific traffic control devices to be operated and maintained by the Local Agency during the term of this agreement, based on the same rates that had been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operation and maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and if the State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to the Local Agency in a form substantially equivalent to Exhibit C, add such devices to this contract. E. The Local Agency shall perform all maintenance services on an annual basis. The Local Agency's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or his representative, shall determine the then current applicable maintenance standards for the maintenance services. Any standards/directions provided by the State's representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency shall contact the State Region office and obtain those standards before the Local Agency performs such services. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials that pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, Document Builder Generated Page 2 of 9 Rev. 12/09/2016

PO #: 471001513 Routing #: 20-HA1-ZH-03057 or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and, if applicable, FHWA to inspect the project and to inspect, review and audit the project records. Section 7. Termination Provisions This contract may be terminated as follows: A. This contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Local Agency only for that portion of the highway maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Notwithstanding subparagraph A above, this contract may also be terminated as follows: B. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 8. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 9. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2829 West Howard Place, Denver, CO 80204. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Transportation Region 1 and the Local Agency. All communication, notices, and

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PO #: 471001513 Routing #: 20-HA1-ZH-03057 correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State If to the Local Agency CDOT Region: 1 City of Littleton Benjamin Kiene, P.E. Aaron Huemann Project Manager Transportation Engineering Manager 2829 West Howard Place 2255 WEST BERRY AVENUE Denver, CO 80224 LITTLETON, CO 80120 303-512-4025 303-795-3867 Section 10. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 13. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 15. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed by the parties and approved pursuant to the State Fiscal Rules. Section 16. Survival of contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 17. Modification and Amendment

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This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A. Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date. B. Option Letter a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices (rates) originally established in the contract. The State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit C. b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices (rates) originally established in the contract and the schedule of services required, as set by the terms of this contract. The State may exercise the option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go into effect on the first day of the first month following the option letter execution date. C. State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. Section 18. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 19. Does not supersede other agreements This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to perform. Section 20. SubLocal Agencys The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subLocal Agency. The State understands that the Document Builder Generated Page 5 of 9 Rev. 12/09/2016

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Local Agency may intend to perform some or all of the services required under this contract through a subLocal Agency. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State, which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 21. Statewide Contract Management System If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this § 21. Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a Statewide contract management system. Local Agency’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State fiscal rules, policies and guidance. Evaluation and review of the Local Agency’s performance shall be part of the normal contract administration process and Local Agency’s performance will be systematically recorded in the statewide contract management system. Areas of evaluation and review shall include, but shall not be limited to, quality, cost and timeliness. Collection of information relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s obligations. Such performance information shall be entered into the Statewide contract management system at intervals established herein and a final evaluation, review and rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance evaluation and review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation and review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final evaluation, review and rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause. Section 22. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24- 30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Document Builder Generated Page 6 of 9 Rev. 12/09/2016

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Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. Document Builder Generated Page 7 of 9 Rev. 12/09/2016

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K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract.

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Section 23. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

* Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect.

THE LOCAL AGENCY CITY OF LITTLETON STATE OF COLORADO Jared S. Polis Name:______Department of Transportation (print name) By______Title: ______(print title) Joshua Laipply, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director ______*Signature Date:______

Date:______2nd Local Agency Signature if needed STATE OF COLORADO Name:______LEGAL REVIEW (print name) Philip J. Weiser, Attorney General

Title: ______By______(print title) Signature – Assistant Attorney General ______*Signature Date:______

Date:______

ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER

CRS §24-30-202 requires the State Controller to approve all State agreements. This agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder.

STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD

By: ______Colorado Department of Transportation

Date:______

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Exhibit A

EXHIBIT A - SCOPE OF WORK Traffic Maintenance List of Traffic Control Locations: SH 75 ( Rd.) at:  Mineral Ave. (1 signal) SH 85 (Santa Fe Drive) at:  Mineral Ave.  Aspen Grove Way  Brewery Lane  Sumner St.  Church Ave.  Bowles Ave.  Prince St. (7 signals) SH 88 (Belleview Ave.) at:  Federal Blvd.  Prince St.  Zuni St.  SH 85 (Santa Fe Dr.)  Windermere St. (5 signals) Number of signals – 13 signals. Scope of Work:

 The City shall maintain the traffic signals and associated pavement markings within the footprint of the intersection, including stop bars and crosswalks, at the intersection locations listed above.  Any reconstruction, modification, or improvement initiated by the City or performed as a result of a City project shall be included in the maintenance provided by the City.  Any reconstruction, modification, or improvement initiated by the State or performed as a result of a State project shall be paid for separately by the State.  The City shall perform inspections of each location, in all directions, and submit documentation to CDOT annually by October 10 for each year of this contract. Inspection shall include, but not be limited to: o Each signal lens operating and visible o Signal timing is operating as programmed o Controller and cabinet are clean and in good repair o Communication to signal is connected and operating o Vehicle detection is operating properly o All luminaires attached to signal structure are operating o Backup power testing o Signal conflict monitor testing. Exhibit A

 Any defects in the items listed above found at these intersections shall be remedied within 24 hours. Defects and remediation shall be documented and kept on file at the City and copied to CDOT. Any defects not remedied will incur a price reduction in the following month’s compensation in the amount of $290.00 per intersection.  CDOT will perform structural inspection of overhead signal structural elements and their supports on a cycle established by the Staff Bridge Branch Ancillary Structures Inspection Program.  CDOT will be responsible for remediation of structural defects requiring foundation, pole, or mast-arm replacement of CDOT-standard structures. The City shall be responsible for remediation of structural defects requiring foundation, pole, or mast-arm replacement of non- CDOT-standard structures as well as remediation of structural defects not requiring foundation, pole, or mast-arm replacement. Rate/Cost Schedule: $290.00 Rate per signal per month X 13 Signals $3,770.00 Total monthly cost to maintain signals

$3,770.00 Total monthly payment to local agency X 12 Months $45,240 Total Annual Not to Exceed Amount

$45,240 Total Annual Not to Exceed Amount X 5 years of the contract $226,220 Total Contract Not to Exceed Amount EXHIBIT B Local Agency Ordinance or Resolution (if applicable)

Exhibit B SAMPLE IGA OPTION LETTER Highway or Traffic Maintenance (This option has been created by the Office of the State Controller for CDOT use only)

Date: State Fiscal Year: Option Letter No. Routing #

Vendor name: 1) SUBJECT: Change in the amount of goods within current term.

2) REQUIRED PROVISIONS: In accordance with Section 17 of contract routing number insert FY, agency code & routing #, between the State of Colorado, Department of Transportation, and insert Local Agency name the state hereby exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit A.

The amount of the current Fiscal Year contract value (encumbrance) is increased/decreased by $ amount of change to satisfy services/goods ordered under the contract for the current fiscal year insert fiscal year. The Contract Encumbrance Amount in Recital 1 is hereby modified to $amount of new annual encumbrance, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to $amount of new annual encumbrance and the Contract (five-year term) not to exceed amount shall be modified to $amount of the new five-year maximum.

The total contract value to include all previous amendments, option letters, etc. is $insert accumulated/total encumbrance amount.

3) EFFECTIVE DATE:

The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.

APPROVALS:

State of Colorado: JARED S. POLIS, GOVERNOR

By: ______Date: ______Joshua Laipply, P.E., Chief Engineer, Colorado Department of Transportation

ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Local Agency is not authorized to begin performance until such time. If Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay Local Agency for such performance or for any goods and/or services provided hereunder.

State Controller Robert Jaros, CPA, MBA, JD

By: ______

Date: ______Form date: August 16, 2013

Exhibit C – Page 1 of 1

ENCUMBRANCE LETTER

Date: State Fiscal Year: Encumbrance Letter No. Routing #:

Orig. IGA: PO:

1) Encumber fiscal year funding in the contract.

2) PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routing number Orig Routing # between the State of Colorado, Department of Transportation, and Contractor's Name, covering the term July 1, Year through June 30, Year, the State hereby encumbers funds for the goods/services specified in the contract for fiscal year .

The amount to be encumbered by this Encumbrance Letter is $amount of change. The Total contract (encumbrance) amount, including all previous amendments, option letters, etc. is $Insert New $ Amt.

3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State

Controller.

STATE OF COLORADO Jared S. Polis, GOVERNOR Department of Transportation

By: Joshua Laipply, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director

Date: ______

ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.

STATE CONTROLLER Robert Jaros, CPA, MBA, JD

By: ______

Department of Transportation

Date: ______

Exhibit D – Page 1 of 1

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(h) Staff Communication

File #: ID# 19-281, Version: 1

Agenda Date:10/15/2019

Subject: Motion to cancel city council’s regular meeting on December 24, 2019

Presented By: Mark Relph, City Manager

POLICY QUESTION: Does city council support canceling the December 24, 2019 meeting?

PROPOSED MOTION: I move to cancel the December 24, 2019 regular city council meeting.

City of Littleton Page 1 of 1 Printed on 10/10/2019 powered by Legistar™ Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 5(i) Staff Communication

File #: ID# 19-280, Version: 1

Agenda Date: 10/15/2019

Subject: Approval of the October 1, 2019 regular meeting minutes

Prepared by: Wendy Heffner, City Clerk

RECORDING SECRETARY’S CERTIFICATION: I hereby certify that the attached minutes are an accurate representation of motions made and action taken at the October 1, 2019 regular meeting of the city council. I have also reviewed the video recording for the October 1, 2019 regular meeting of the Littleton City Council and certify that the video recording is a full, complete, and accurate record of the proceedings and there were no malfunctions in the video or audio functions of the recording.

PROPOSED MOTION: I move to approve the minutes for the October 1, 2019 regular meeting of the Littleton City Council.

City of Littleton Page 1 of 1 Printed on 10/10/2019 powered by Legistar™ Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 Meeting Minutes - Draft

City Council

Tuesday, October 1, 2019 6:30 PM Council Chamber

Regular Meeting

1. Roll Call

Present: 7 - Council Member Cole, Mayor Brinkman, Mayor Pro-Tem Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey and Council Member Schlachter 2. Pledge of Allegiance

3. Approval of Agenda

4. Presentation of Arapahoe County Open Spaces and Trails Advisory Board Awards by Bev Bradshaw and Russell Stewart

Russell Stewart was unable to attend

5. Public Comment

If you wish to address the city council under Public Comment, please sign-in on the public speaker form, before the call to order for this meeting. Each speaker will be limited to three minutes. The city council is not authorized by the Colorado Open Meetings Law to discuss comment or take action at the meeting on any issue raised by public comment that is not part of tonight's agenda. The Mayor may refer the matter to staff to obtain additional information and report back to the Council as appropriate.

Jeannie Erickson - Crosswalk need on Federal between Belleview and Bowles

Pam Chadbourne - Agrees with Jeannie Erickson about crosswalk on Federal between Belleview and Bowles / Approval of the Comp Plan - Remove the future land use map

Jose Trujillo - Concerned about 71 Housing Authority properties to be sold or auctioned off 6. Consent Agenda Items a) Ordinance Ordinance 25-2019: Second introduction of an ordinance to be known as 25-2019 the "Annual Appropriation Bill," adopting the annual budget for all municipal purposes of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the fiscal year beginning January 1, 2020 and ending December 31, 2020

approved

City of Littleton Page 1 Printed on 10/7/2019 City Council Meeting Minutes - Draft October 1, 2019

b) Ordinance Ordinance 26-2019: Second introduction of an ordinance establishing the 26-2019 tax levy of 2.0 mills to defray the costs of municipal government of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the City’s Fiscal Year beginning January 1, 2020 and ending December 31, 2020 and directing publication of the ordinance

approved

c) Ordinance Ordinance 28-2019: Second introduction of an ordinance of the City of 28-2019 Littleton, Colorado, as the governing body of the City of Littleton, Stormwater and Flood Management Utility Enterprise, adopting the 2020 budget and directing publication of the ordinance

approved

d) Ordinance Ordinance 27-2019: Second introduction of an ordinance of the City of 27-2019 Littleton, Colorado, as the governing body of the City of Littleton, Sewer Utility Enterprise, adopting the 2020 budget and directing publication of the ordinance

approved

e) Resolution Resolution 47-2019: Supporting the Safer Arapahoe County Public Safety 47-2019 ballot initiative

approved f) Resolution Resolution 52-2019: Supporting the grant application with DOLA for the 52-2019 2020 Census

approved g) ID# 19-268 Motion to set a public hearing on October 15, 2019 for the adoption of the Envision Littleton Comprehensive Plan and Transportation Master Plan

approved h) ID# 19-267 Approval of the September 17, 2019 regular meeting minutes

approved

Approval of the Consent Agenda

Council Member Schlachter moved and Mayor Pro Tem Valdes seconded to approve consent agenda items a through h. The vote is 7-0. The motion carries unanimously.

Aye: 7 - Council Member Cole, Mayor Brinkman, Mayor Pro Tem Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey and Council Member Schlachter 7. General Business

City of Littleton Page 2 Printed on 10/7/2019 City Council Meeting Minutes - Draft October 1, 2019

8. Ordinances on Second Reading and Public Hearing a) Ordinance Ordinance 22-2019: Second introduction of an ordinance amending the 22-2019 Littleton City Code Title 10, Chapter 1 to establish enabling legislation and procedures for the creation, adoption, and amendment of a comprehensive plan

Staff presentation - Mike Sutherland, Deputy Director of Community Development

Mayor Brinkman opened the public hearing at 6:56 p.m.

Jose Trujillo - Moving through the process too quickly

Pam Chadbourne - Thanked Mr. Trujillo for his former service on council and his comments regarding the length of time it took to approve the first comp plan vs the short amount of time for this one; process needs more time - too many steps missed; process is broken

Mayor Brinkman closed the public hearing at 7:01 p.m.

Council Member Schlachter moved and Council Member Elrod seconded to approve the ordinance on second reading amending the Littleton City Code Title 10, Chapter 1 establishing enabling legislation for the creation, adoption, and amendment of a comprehensive plan. The vote is 7-0. The motion carries unanimously.

Aye: 7 - Council Member Cole, Mayor Brinkman, Mayor Pro Tem Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey and Council Member Schlachter b) Resolution PUBLIC HEARING - Resolution 49-2019: Authorizing the filing of a lien on 49-2019 7874 S. Windermere Circle Littleton, CO 80120

Overview of process - Reid Betzing, City Attorney

Staff presentation - Jennifer Henninger, Community Development Director; Rebecca Thompson, Code Enforcement Manager

Council Member Schlachter moved and Council Member Elrod seconded to approve the resolution confirming the cost report for city abatement of a dangerous structure (demolition) and authorizing staff to file a lien against the property located at 7874 S. Windermere Cir Littleton Colorado 80120.

Council Member Cole moved and Mayor Pro Tem Valdes seconded to amend line 27 of the resolution to read "Council confirms". The vote is 7-0. The motion to amend carries unanimously.

The vote on the amended main motion is 7-0. The motion carries unanimously.

Aye: 7 - Council Member Cole, Mayor Brinkman, Mayor Pro Tem Valdes, Council Member Driscoll, Council Member Elrod, Council Member Fey and Council Member Schlachter 9. Comments / Reports

City of Littleton Page 3 Printed on 10/7/2019 City Council Meeting Minutes - Draft October 1, 2019

I. City Manager

Response to comments regarding crosswalk on Federal. Have reserved a federal grant to implement; working on aquiring right-of-ways. Currently in the federal process; waiting on approval from federal government. II. City Attorney

Completed final round of interviews for Sr. Assistant City Attorney; hopes to make a decision within the next few days. III. Council Members

Council Member Elrod - Attended an RTD meeting last week re: extension; RTD presented various finance options.

Council Member Fey - High Line Canal access that has been maintained by property owners will be maintained by South Suburban Planning and Development; if necessary, homeowners are willing to grant an easement.

Council Member Schlachter - Great improvements at Progress Park / Clarification on SMHO plan to dispose of 71 properties; SMHO has submitted an application to HUD to see if they will be allowed to sell or otherwise dispose of the properties.

Council Member Cole - No report

Council Member Driscoll - No report

Mayor Pro Tem Valdes - Progress Park dedication was great / Crosswalks on Littleton Blvd. took about four years to have installed / Participated in a webinar on Finding Solutions to and Panhandling; very good information. IV. Mayor

No report

10. Adjournment

Mayor Brinkman adjourned the meeting at 7:22 p.m.

The public is invited to attend all regular meetings or study sessions of the City Council or any City Board or Commission. Please call 303-795-3780 at least forty-eight (48) hours prior to the meeting if you believe you will need special assistance or any reasonable accommodation in order to be in attendance at or participate in any such meeting. For any additional information concerning City meetings, please call the above referenced number.

City of Littleton Page 4 Printed on 10/7/2019 Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(a) Staff Communication

File #: Resolution 59-2019, Version: 1

Agenda Date: 10/15/2019

Subject: Resolution 59-2019: Adopting the Envision Littleton Comprehensive Plan and Transportation Master Plan

Prepared by: Kathleen Osher, Manager of Innovation & Performance Excellence, City Manager’s Office

PURPOSE: To hold a public hearing to consider the adoption of the Envision Littleton Comprehensive Plan which includes the Future Land Use and Character Map and the Transportation Master Plan.

PRESENTATIONS: Staff Presenter(s): Kathleen Osher, Manager of Innovation & Performance Excellence, City Manager’s Office Additional Presenter(s): Keith Borsheim, Transportation Planner, HDR; and Gary Mitchell, President, Kendig Keast Collaborative

SUMMARY: The Comprehensive and Transportation Master plans resulted from an 18-month planning and community engagement process. This included more than 8,300 in-person conversations, 70,000 electronic communications, 45,000 social media impressions (how many times Envision Littleton content was displayed to users), and 261 events. This community input has been the foundation for the final plans.

PRIOR ACTIONS OR DISCUSSIONS: After the completion of five phases and seven joint leadership study sessions to discuss the update of the Comprehensive Plan and the creation of a first-ever Transportation Master Plan, the final document is now presented for adoption by city council.

ANALYSIS: Staff Analysis The plans received hundreds of comments from individuals, groups, organizations, and agencies that far surpassed project team expectations and public comment results for other municipalities in the region.

Council Goal, Objective, and/or Guiding Principle Council Goal 1 - Envision Littleton - Comprehensive Plan update and creation of the Transportation Master Plan.

Fiscal Impacts N/A

STAFF RECOMMENDATION: Staff recommends adoption of the Envision Littleton Comprehensive Plan which includes the Future Land Use and Character

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Map and the Transportation Master Plan.

PROPOSED MOTION: I move to approve the resolution adopting the Envision Littleton Comprehensive Plan which includes the Future Land Use and Character Map and the Transportation Master Plan.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™

1 CITY OF LITTLETON, COLORADO 2 3 Resolution No. 59 4 5 Series, 2019 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 8 LITTLETON, COLORADO, ADOPTING THE ENVISION LITTLETON 9 COMPREHENSIVE PLAN WHICH INCLUDES THE FUTURE LAND 10 USE AND CHARACTER MAP AND TRANSPORTATION MASTER 11 PLAN 12 . 13 14 WHEREAS, Section 10-1-10 of the City Code defines the powers and duties of 15 the Planning Commission and states that the Planning Commission shall recommend to the City 16 Council comprehensive plans, and further states that such plans shall be subject to approval by 17 City Council; and 18 19 WHEREAS, at its regular meeting on October 14, the Planning 20 Commission, voted to recommend adoption of the Envision Littleton Report to City 21 Council which includes the Future Land Use and Character Map and the Transportation 22 Master Plan; and 23 24 WHEREAS, the City Council held a public hearing on October 15, 2019, 25 to consider the adoption of the Envision Littleton Comprehensive Plan which includes the 26 Future Land Use and Character Map and the Transportation Master Plan; and 27 28 WHEREAS, a comprehensive plan is the most important policy document a 29 municipal government prepares and maintains; and 30 31 WHEREAS, the Envision Littleton Comprehensive Plan lays out a long-range 32 vision regarding the growth and enhancement of the community; and 33 34 WHEREAS, the Envision Littleton Comprehensive Plan assesses near- and 35 longer-term needs and desires across a variety of inter-related topics that represent the key 36 “building blocks” of a community (e.g., land use, transportation, urban design, economic 37 development, housing, neighborhoods, parks and recreation, heritage and tourism, arts and 38 culture, utility infrastructure, public facilities and services, cultural facilities, etc.); and 39 40 WHEREAS, the Envision Littleton Comprehensive Plan serves as a guideline for 41 measuring success, and is amended from time to time to remain a “living document” that is able 42 to address changing circumstances; 43 44 45 Resolution No59 Page 2 of 2 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 48 THE CITY OF LITTLETON, COLORADO, THAT: 49 50 Section 1. The City Council does hereby adopt the Envision Littleton 51 Comprehensive Plan which includes the Future Land Use and Character Map and the 52 Transportation Master Plan 53 54 Section 2. In approving said Envision Littleton Comprehensive Plan which 55 includes the Future Land Use and Character Map and the Transportation Master Plan, City 56 Council recognizes that said policies are a working and living document that must grow and 57 remain flexible to meet the needs of the City of Littleton. Therefore, said policies are approved 58 with the understanding that Planning Commission and City Council will continue to review, 59 analyze, and amend the same as the needs of the community dictate and as based on planning 60 considerations. 61 62 Section 3. As the newest adopted statement of a unifying community vision 63 and associated guiding principles, goals, and policies, this Plan replaces any and all 64 Comprehensive Plans previously adopted by the City. 65 66 67 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the

68 City Council of the City of Littleton, Colorado, on the 15th day of October, 2019, at 6:30 p.m. at

69 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado.

70 ATTEST: 71 72 ______73 Wendy Heffner Debbie Brinkman 74 CITY CLERK MAYOR 75 76 APPROVED AS TO FORM: 77 78 ______79 Reid Betzing 80 CITY ATTORNEY 81 82 83 Memorandum

To: Members of City Council CC: Mark Relph and Keith Reester From: Kathleen Osher Date: October 9, 2019 Re: Edits to the TMP Final Draft

Based on the discussion and consensus at the final Joint Leadership Study Session on October 8, 2019 the following edits have been made to the Transportation Master Plan (edits are highlighted and underlined):

 Page 7: Glossary of Terms – Access Preservation Area Definition second sentence – “There are numerous uses in the corridor including open space, residential, commercial, and retail …” o Change also made to Santa Fe Drive critical corridor summary on Page 130.

 Page 14: Fourth paragraph and second bullet labeled “Choices” – The healthiest and most vibrant communities incorporate bicycling, walking and transit as critical components of the transportation system.

 Pages 44 and 45: In each “Tradeoff” section the word “sacrificing” has been replaced with “prioritizing,” with other minor edits for grammar

 Figures 1-31: Additional labeling of streets added.

 Incorrect capital “…City” spellings corrected.

1 CITY OF LITTLETON, COLORADO 2 3 PC Resolution No. 12 4 5 Series, 2019 6 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 8 LITTLETON, COLORADO, RECOMMENDING ADOPTION OF THE 9 ENVISION LITTLETON COMPREHENSIVE PLAN 10 11 WHEREAS, Section 10-1-10 of the City Code defines the powers and duties of 12 the Planning Commission and states that the Planning Commission shall recommend to the City 13 Council comprehensive plans, and further states that such plans shall be subject to approval by 14 City Council; 15 16 WHEREAS, the Planning Commission held a public hearing on October 14, 17 2019, to consider the recommendation of the Envision Littleton Comprehensive Plan to City 18 Council which includes the Future Land Use and Character Map and the Transportation Master 19 Plan; and 20 21 WHEREAS, at its regular meeting on October 14, the Planning Commission, 22 voted to recommend adoption of the Envision Littleton Comprehensive Plan to City Council 23 which includes the Future Land Use and Character Map and the Transportation Master Plan. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING 26 COMMISSION OF THE CITY OF LITTLETON, COLORADO, THAT: 27 28 Section 1. The Planning Commission does hereby recommend adoption to the 29 City Council of the Envision Littleton Comprehensive Plan which includes the Future 30 Land Use and Character Map and the Transportation Master Plan. 31 32 INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the Planning 33 Commission of the City of Littleton, Colorado, on the 14th day of October, 2019, at 6:30 p.m. at 34 the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado. 35 ATTEST: 36 37 ______38 Wendy Heffner Mark Rudnicki 39 CITY CLERK COMMISSION CHAIR 40 41 APPROVED AS TO FORM: 42 43 ______44 Reid Betzing 45 CITY ATTORNEY

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(b) Staff Communication

File #: Ordinance 25-2019, Version: 2

Agenda Date: 10/15/2019

Subject: Ordinance 25-2019: Second introduction of an ordinance to be known as the "Annual Appropriation Bill," adopting the annual budget for all municipal purposes of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the fiscal year beginning January 1, 2020 and ending December 31, 2020

Prepared by: Tiffany Hooten, Finance Director

PURPOSE: Does city council approve the 2020 annual appropriation ordinance, adopting the annual budget for the City of Littleton?

PRESENTATIONS: Staff Presenter(s): Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: During the 2020 budget review process, council considered 18 Policy Questions. There were no changes to the 2020 proposed budget.

One budget proviso is included in the 2020 budget for the General Fund. · Policy Question #1 - $500,000 to fund post comprehensive plan strategic initiative potential projects such as Downtown mobility and the Santa Fe River Corridor. Staff shall not proceed until the council approves the scope and deliverables of the project(s). (Acct #01-130-7430 and 01-304-7430).

PRIOR ACTIONS OR DISCUSSIONS: City Council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24.

Passed on first reading at the regular meeting of city council on October 1, 2019.

ANALYSIS: Staff Analysis The city’s executive team developed and thoroughly reviewed the 2020 budget.

Council Goal, Objective, and/or Guiding Principle The 2020 budget is directly connected to both Goal 1 Envision Littleton and Goal 2 Financial Sustainability by providing the mechanism to fund services provided by the city. It also fully supports all guiding principles.

Fiscal Impacts The policy questions and budget were reviewed by council during two study sessions and information is available at the Bemis Public Library, the City of Littleton website, and the City Clerk’s Office for public review.

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Alternatives N/A

STAFF RECOMMENDATION: Staff recommends approving the ordinance on second reading adopting the 2020 annual appropriation.

PROPOSED MOTION: I move to approve the ordinance known as the "Annual Appropriation Bill," adopting the annual budget for all municipal purposes of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the fiscal year beginning January 1, 2020 and ending December 31, 2020.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™

1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 25 4 5 Series, 2019 6 7 INTRODUCED BY COUNCIL MEMBERS: SCHLACHTER & VALDES 8 9 AN ORDINANCE OF THE CITY OF LITTLETON, 10 COLORADO, TO BE KNOWN AS THE "ANNUAL APPRO- 11 PRIATION BILL", ADOPTING THE BUDGET FOR ALL 12 MUNICIPAL PURPOSES OF THE CITY OF LITTLETON, 13 COUNTIES OF ARAPAHOE, DOUGLAS, AND 14 JEFFERSON, STATE OF COLORADO, FOR THE FISCAL 15 YEAR BEGINNING JANUARY 1, 2020 AND ENDING 16 DECEMBER 31, 2020 17 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 20 THE CITY OF LITTLETON, COLORADO, THAT: 21 22 Section 1: There shall be and is hereby appropriated from and out of the general 23 revenues derived from taxation in the City of Littleton, Colorado, and from franchises, licenses, 24 fees, fines, grants, surplus and other sources of money or revenue including available fund 25 balances of said City during the fiscal year commencing January 1, 2020, the following sums of 26 money are deemed necessary to satisfy the expenses and liabilities of said City for said fiscal 27 year. The sum or sums of money so appropriated for the various funds of the City are: 28 29 FUND EXPENDITURES General Fund $48,098,780 Conservation Trust Fund 150,000 Consolidated Special Revenue Fund 325,190 Grants Fund 3,633,170 Open Space Fund 1,535,850 Impact Fee Fund 610,000 Capital Projects Fund 8,522,245 Geneva Village Fund 135,400 Employee Insurance Fund 5,422,090 Property & Liability Insurance Fund 929,000 TOTAL $69,361,725 30 31 32 33 Section 2: Budget Provisos. No expenditures shall be made for the following 34 as determined by the city council. 35

Ordinance No. 25 Series 2019 Page 2

1 General Fund: 2  $500,000 to fund post comprehensive plan strategic initiative potential 3 projects such as Downtown mobility and the Santa Fe River Corridor, shall 4 not proceed until the council approves the scope and deliverables of the 5 project(s). 6 7 Section 3: Severability. If any part, section, subsection, sentence, clause or 8 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 9 validity of the remaining sections of this ordinance. The City Council hereby declares that it 10 would have passed this ordinance, including each part, section, subsection, sentence, clause or 11 phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, 12 clauses or phrases may be declared invalid. 13 14 Section 4: Repealer. All ordinances or resolutions, or parts thereof, in 15 conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the 16 repealer clauses of such ordinance nor revive any ordinance thereby. 17 18 19 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

20 of the City of Littleton on the 1st day of October, 2019, passed on first reading by a vote of 7

21 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the

22 Municipal Courthouse and on the City of Littleton Website.

23

24 PUBLIC HEARING on the Ordinance to take place on the 15th day of October,

25 2019, in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

26 at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

27

28 PASSED on second and final reading, following public hearing, by a vote of ___ FOR

29 and ___ AGAINST on the 15th day of October, 2019, and ordered published by posting at

30 Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

31

Ordinance No. 25 Series 2019 Page 3

32

33 ATTEST:

34 ______35 Wendy Heffner Debbie Brinkman 36 CITY CLERK MAYOR 37 38 APPROVED AS TO FORM: 39 40 ______41 Reid Betzing 42 CITY ATTORNEY

2020 Budget Ordinances Presented by: Tiffany Hooten, Finance Director 2020 Budget Ordinances

• Ord. 25-2019 Budget Appropriation

• Ord. 26-2019 Establishment of Mill Levy

• Ord. 27-2019 Littleton Sewer Utility Enterprise Budget

• Ord. 28-2019 Littleton Stormwater and Flood Management Utility Enterprise Budget

Highlights

• Budget sessions

• September 7

• September 24

• No changes from the proposed budget

Policy Questions

Council considered 18 policy questions including: • Employee compensation and benefits • 4.4 net increase in FTEs (3 in sewer/storm funds) • Continuation of Envision Littleton • Downtown Mobility • Santa Fe Corridor • Transportation Engineering Design Standards (TEDs) • Cyber security and risk management

Policy Questions (Cont.)

• Policy Questions (cont.) • Co-responder program expansion • Infrastructure improvements • Sewer and Storm Utility Fees • Total annual increase = $22.12 annually for single family residence • Fire commemoration • Open Space projects

General Fund Revenues

Total Revenues – $46,311,640 • Sales and Use Tax – 76% • $35,391,700 2020 General Fund Revenue Sources • Property Tax – 4% Fines and Forfeitures Investment • $1,893,250 Charges for Intergovernmental 2% Earnings Interfund 2% Services <1% Transfers • Franchise Fees – 5% License and 4% 2% • $2,294,110 Permits Miscellaneous 3% 2%

• Other – 15% Franchise Fees • $6,732,580 5%

Property Taxes Sales and Use 4% Taxes 76%

General Fund Expenditures

Total Expenditures – $48,098,780 • Personnel costs – 67% • $32,219,230 2020 General Fund Expenditures by Department • Operating and Maintenance – 26% Communications and City Manager Marketing 3% • $12,729,550 City Council 2% Interfund Transfers 1% Economic City Attorney Finance 7% Development 2% 3% Information • Txfr out – 7% General Operations 1% Technology 10% • $3,150,000 City Clerk 5% 1% Library & Museum 10% Municipal Court 2% Human Resources Police 3% Community Public Works 29% Development 15% 6% General Fund Fund Balance

2020 Ending Fund Balance – $11,385,745

General Fund Ending Fund Balance $20,000,000

$15,000,000

$10,000,000

$5,000,000

$- 2016 2017 2018 2019 Year End 2020 Proposed Estimate Budget Other Funds

Beginning Beginning Fund/Cash Fund/Cash Balance Revenues Expenditures Balance Conservation Trust $ 18,227 $ 240,300 $ 150,000 $ 108,527 Consolidated Special Revenue 205,746 125,350 325,190 5,906 Grants - 3,633,170 3,633,170 - Open Space 2,744,679 1,835,650 1,535,850 3,044,479 Impact Fees 2,032,109 992,420 610,000 2,414,529 Capital Projects 6,080,211 6,363,090 8,522,245 3,921,056 Sewer Utility Enterprise 22,086,825 16,802,240 21,854,050 17,035,015 Storm Drainage Utility Enterprise 30,671 1,279,790 1,233,750 76,711 Geneva Village 67,321 178,000 135,400 109,921 Employee Insurance 3,178,144 4,953,620 5,422,090 2,709,674 Property & Liability 423,847 852,500 929,000 347,347 Total $36,443,933 $36,403,630 $43,421,745 $29,425,818 2020 Budget Questions?

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(c) Staff Communication

File #: Ordinance 26-2019, Version: 2

Agenda Date: 10/15/2019

Subject: Ordinance 26-2019: Second introduction of an ordinance establishing the tax levy of 2.0 mills to defray the costs of municipal government of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the City’s Fiscal Year beginning January 1, 2020 and ending December 31, 2020 and directing publication of the ordinance

Prepared by: Tiffany Hooten, Finance Director

PURPOSE: Does city council support the proposed 2019 tax (mill) levy ordinance for the City of Littleton, to be collected in 2020?

PRESENTATIONS: Staff Presenter(s): Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: City council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24. The property tax mill levy is being reduced from 6.662 mills to 2.0 mills as a result of the fire inclusion with South Metro Fire Rescue approved by voters on November 6, 2018.

PRIOR ACTIONS OR DISCUSSIONS: City council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24.

Passed on first reading at the regular meeting of city council on October 1, 2019.

ANALYSIS: Staff Analysis Property taxes represent 4% of General Fund revenues that fund city operations.

Council Goal, Objective, and/or Guiding Principle The 2020 budget includes property tax revenues which are directly connected to both Goal 1 Envision Littleton and Goal 2 Financial Sustainability by providing the mechanism to fund services provided by the city. It also fully supports all guiding principles.

Fiscal Impacts Property taxes represent 4% of General Fund revenues that fund city operations.

Alternatives N/A

STAFF RECOMMENDATION:

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Ordinance 26-2019, Version: 2

Staff recommends approving on second reading the 2019 tax (mill) levy ordinance to be collected in 2020.

PROPOSED MOTION: I move to approve the ordinance establishing the tax levy of 2.0 mills to defray the costs of municipal government of the City of Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado, for the City’s Fiscal Year beginning January 1, 2020 and ending December 31, 2020.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 26 4 5 Series, 2019 6 7 8 INTRODUCED BY COUNCILMEMBERS: SCHLACHTER & VALDES 9 10 AN ORDINANCE OF THE CITY OF LITTLETON, 11 COLORADO, ESTABLISHING THE TAX LEVY OF 2.0 12 MILLS TO DEFRAY THE COSTS OF MUNICIPAL 13 GOVERNMENT OF THE CITY OF LITTLETON, 14 COUNTIES OF ARAPAHOE, DOUGLAS, AND 15 JEFFERSON, STATE OF COLORADO, FOR THE CITY'S 16 FISCAL YEAR BEGINNING JANUARY 1, 2020 AND 17 ENDING DECEMBER 31, 2020 18 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 21 LITTLETON, COLORADO, THAT: 22 23 Section 1: For the purposes of defraying expenses of municipal government 24 for the City of Littleton, Colorado for the fiscal year beginning January 1, 2020, and ending 25 December 31, 2020, there is hereby levied a tax of 2.0 mills upon each dollar of total assessed 26 valuation of the taxable property, whether real, personal, or mixed, so situated within the City of 27 Littleton, Counties of Arapahoe, Douglas, and Jefferson, State of Colorado. 28 29 Section 2: The 2.0 mills are levied for the following purposes: 30 31 General Government 2.0 mills 32 33 Section 3: To the effect and purpose that said levy mentioned herein may be 34 properly apportioned and billed, the city clerk of the City of Littleton is hereby authorized and 35 directed to notify the county commissioners of the Counties of Arapahoe, Douglas, and 36 Jefferson, State of Colorado, of the adoption and passage of this ordinance, and to certify to such 37 officials the levy herein set forth. 38 39 Section 4: Severability. If any part, section, subsection, sentence, clause or 40 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 41 validity of the remaining sections of this ordinance. The city council hereby declares that it 42 would have passed this ordinance, including each part, section, subsection, sentence, clause or 43 phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, 44 clauses or phrases may be declared invalid. 45 46 Section 5: Repealer. All ordinances or resolutions, or parts thereof, in 47 conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the 48 repealer clauses of such ordinance nor revive any ordinance thereby. 49 Ordinance No. 26 Series 2019 Page 2

1 2 INTRODUCED AS A BILL at a regularly scheduled meeting of the city council

3 of the City of Littleton on the 1st day of October, 2019, passed on first reading by a vote of 7

4 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the

5 Municipal Courthouse and on the City of Littleton Website.

6 PUBLIC HEARING on the Ordinance to take place on the 15th day of October,

7 2019, in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

8 at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

9 PASSED on second and final reading, following public hearing, by a vote of ____

10 FOR and ____ AGAINST on the 15th day of October, 2019, and ordered published by posting at

11 Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

12 ATTEST:

13 ______14 Wendy Heffner Debbie Brinkman 15 CITY CLERK MAYOR 16 17 APPROVED AS TO FORM: 18 19 ______20 Reid Betzing 21 CITY ATTORNEY 22 23

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(d) Staff Communication

File #: Ordinance 27-2019, Version: 2

Agenda Date: 10/15/2019

Subject: Ordinance 27-2019: Second introduction of an ordinance of the City of Littleton, Colorado, as the governing body of the City of Littleton, Sewer Utility Enterprise, adopting the 2020 budget and directing publication of the ordinance

Prepared by: Tiffany Hooten, Finance Director

PURPOSE: Does city council support an ordinance on first reading adopting the 2020 Littleton Sewer Utility Enterprise Fund budget?

PRESENTATIONS: Staff Presenter(s): Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: City council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24. There were no changes to this enterprise fund.

PRIOR ACTIONS OR DISCUSSIONS: City council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24.

Passed on first reading at the regular meeting of city council on October 1, 2019.

ANALYSIS: Staff Analysis As the governing body of the Littleton Sewer Utility Enterprise fund, the city council is required to adopt a budget for this fund.

Council Goal, Objective, and/or Guiding Principle The 2020 budget is directly connected to both Goal 1 Envision Littleton and Goal 2 Financial Sustainability by providing the mechanism to fund services provided by the city. It also fully supports all guiding principles.

Fiscal Impacts Approval will establish a 2020 appropriation of $21,854,050.

Alternatives N/A

STAFF RECOMMENDATION: Approve ordinance on second reading adopting the 2020 Littleton Sewer Utility Enterprise Fund budget.

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Ordinance 27-2019, Version: 2

PROPOSED MOTION: I move to approve the ordinance adopting the 2020 Littleton Sewer Utility Enterprise Fund budget.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 27 4 5 Series, 2019 6 7 INTRODUCED BY COUNCILMEMBERS: SCHLACHTER & VALDES 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 10 LITTLETON, COLORADO, AS THE GOVERNING BODY OF 11 THE CITY OF LITTLETON, COLORADO SEWER UTILITY 12 ENTERPRISE, ADOPTING THE 2020 BUDGET 13 14 15 WHEREAS, the city council established the City of Littleton, Colorado, Sewer 16 Utility Enterprise (the “Enterprise”) by Ordinance Number 6, Series of 2004; and 17 18 WHEREAS, the city council has determined it is in the best interest of all 19 ratepayers to separate the cost of treatment versus the cost to operate, maintain and improve 20 through capital construction the systems necessary to collect and transport the discharge for 21 treatment; and 22 23 WHEREAS, the city council, as the governing board of the Enterprise, has the 24 authority under said ordinance to establish the budget for the Enterprise.; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 27 THE CITY OF LITTLETON, COLORADO, THAT: 28 29 Section 1: The budgeted expenditures for the City of Littleton, Colorado, Sewer 30 Utility Enterprise for the period January 1, 2020 to December 31, 2020 shall be $21,854,050. 31 32 Section 2: Severability. If any part, section, subsection, sentence, clause or 33 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 34 validity of the remaining sections of this ordinance. The City Council hereby declares that it 35 would have passed this ordinance, including each part, section, subsection, sentence, clause or 36 phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, 37 clauses or phrases may be declared invalid. 38 39 Section 3: Repealer. All ordinances or resolutions, or parts thereof, in 40 conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the 41 repealer clauses of such ordinance nor revive any ordinance thereby. 42 43 44 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

45 of the City of Littleton on the 1st day of October, 2019, passed on first reading by a vote of 7

46 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the Ordinance No. 27 Series 2019 Page 2

1 Municipal Courthouse and on the City of Littleton Website.

2 PUBLIC HEARING on the Ordinance to take place on the 15th day of October,

3 2019, in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

4 at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

5 PASSED on second and final reading, following public hearing, by a vote of FOR

6 and _____ AGAINST on the 15th day of October, 2019 and ordered published by posting at

7 Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

8 ATTEST:

9 ______10 Wendy Heffner Debbie Brinkman 11 CITY CLERK MAYOR 12 13 APPROVED AS TO FORM: 14 15 ______16 Reid Betzing 17 CITY ATTORNEY 18 19

Littleton Center City of Littleton 2255 West Berry Avenue Littleton, CO 80120 7(e) Staff Communication

File #: Ordinance 28-2019, Version: 2

Agenda Date: 10/15/2019

Subject: Ordinance 28-2019: Second introduction of an ordinance of the City of Littleton, Colorado, as the governing body of the City of Littleton, Stormwater and Flood Management Utility Enterprise, adopting the 2020 budget and directing publication of the ordinance

Prepared by: Tiffany Hooten, Finance Director

PURPOSE: Does city council support an ordinance on first reading adopting the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget?

PRESENTATIONS: Staff Presenter(s): Tiffany Hooten, Finance Director Additional Presenter(s): N/A

SUMMARY: City council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24. There were no changes to this enterprise fund.

PRIOR ACTIONS OR DISCUSSIONS: City council reviewed the 2020 proposed budget during study sessions held on September 7 and September 24.

Passed on first reading at the regular meeting of city council on October 1, 2019.

ANALYSIS: Staff Analysis As the governing body of the Littleton Stormwater and Flood Management Utility Enterprise, the city council is required to adopt a budget for this fund.

Council Goal, Objective, and/or Guiding Principle The 2020 budget is directly connected to both Goal 1 Envision Littleton and Goal 2 Financial Sustainability by providing the mechanism to fund services provided by the city. It also fully supports all guiding principles.

Fiscal Impacts Approval will establish a 2020 budget of $1,233,750.

Alternatives N/A

STAFF RECOMMENDATION: Approve the ordinance on second reading adopting the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget.

City of Littleton Page 1 of 2 Printed on 10/10/2019 powered by Legistar™ File #: Ordinance 28-2019, Version: 2

PROPOSED MOTION: I move to approve the ordinance adopting the 2020 Littleton Stormwater and Flood Management Utility Enterprise budget.

City of Littleton Page 2 of 2 Printed on 10/10/2019 powered by Legistar™ 1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 28 4 5 Series, 2019 6 7 INTRODUCED BY COUNCILMEMBERS: SCHLACHTER & VALDES 8 9 AN ORDINANCE OF THE CITY OF LITTLETON, 10 COLORADO, AS THE GOVERNING BODY OF THE CITY 11 OF LITTLETON STORMWATER AND FLOOD 12 MANAGEMENT UTILITY ENTERPRISE, ADOPTING THE 13 2020 BUDGET 14 15 WHEREAS, the city council established the City of Littleton Stormwater and 16 Flood Management Utility Enterprise (the “Enterprise”) by Ordinance Number 33, Series of 17 2013; and 18 19 WHEREAS, the city council, as the governing board of the Enterprise, has 20 authority under said ordinance to establish the budget for the Enterprise;. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 23 THE CITY OF LITTLETON, COLORADO, THAT: 24 25 Section 1: The budgeted expenditures for the City of Littleton Stormwater and 26 Flood Management Utility Enterprise for the period January 1, 2020 to December 31, 2020 shall 27 be $1,233,750. 28 29 Section 2: Severability. If any part, section, subsection, sentence, clause or 30 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 31 validity of the remaining sections of this ordinance. The City Council hereby declares that it 32 would have passed this ordinance, including each part, section, subsection, sentence, clause or 33 phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, 34 clauses or phrases may be declared invalid. 35 36 Section 3: Repealer. All ordinances or resolutions, or parts thereof, in 37 conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the 38 repealer clauses of such ordinance nor revive any ordinance thereby. 39 40 INTRODUCED AS A BILL at a regularly scheduled meeting of the city council

41 of the City of Littleton on the 1st day of October, 2019, passed on first reading by a vote of 7

42 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the

43 Municipal Courthouse and on the City of Littleton Website.

44 PUBLIC HEARING on the Ordinance to take place on the 15th day of October, Ordinance No. 28 Series 2019 Page 2

45 2019 in the Council Chambers, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

46 at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

47 PASSED on second and final reading, following public hearing, by a vote of

48 ____ FOR and ____ AGAINST on the 15th day of October, 2019 and ordered published by

49 posting at Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton

50 Website.

51 ATTEST:

52 ______53 Wendy Heffner Debbie Brinkman 54 CITY CLERK MAYOR 55 56 APPROVED AS TO FORM: 57 58 ______59 Reid Betzing 60 CITY ATTORNEY 61 62