HomeMy WebLinkAboutCity Council Agenda Packet 07/22/2013CITY COUNCIL AGENDA: July 22, 2013 Page -2-
~ Motion to approve the second amendment to the Site Lease Agreement with New
Singular Wireless PCS , LLC , for a five-year extension
4. Motion to approve payment to Gordon Sign, Denver, Colorado, in the amount of
$102,945 for construction and installation of park signs
~ Resolution No . 28-2013-amending the Fiscal Year 2013 General Fund Budget to
approve a supplemental budget appropriation in the amount of $5,900 to remit to
Rainguet and Associates, LLC for the design and administration of a Promotional
Assessment Process
6. Resolution No . 26-2013-approving a Collaborative Lumen Trial Agreement between
the City of Wheat Ridge , Colorado and the Numerica Corporation for the development
of a Crime Analysis Software System
ORDINANCES ON FIRST READING
7 . Council Bill No . 11-2013-amending Sections 4-1 , 4-8 and 4-31 of the Wheat Ridge
Municipal Code concerning the licensing of dogs and cats
8. Council Bill No . 10-2013 -adopting by reference the 2011 Edition of the National
Electrical Code, providing penalties for violations thereof and amending portions of
Chapter 5 of the Wheat Ridge Code of Laws concerning Electrical Inspections
DECISIONS, RESOLUTIONS AND MOTIONS
~ Motion to accept the 2012 Comprehensive Annual Financial Report (CAFR) from
Swanhorst & Company, LLC
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
City Council Minutes July 8 , 2013 Page 2
Jellison St. (9900 W . 441h Ave) from 11 am-3 pm this Saturday (7/13.) There will be
plenty of rescue dogs available for adoption . Please come out, there will be food and a
raffle . Also donations to the rescue groups is welcome including items such as canned
food, blankets , collars, leashes , shampoo, etc.
Brenda Hurley, 4090 Fenton Court, passed a long her appreciation for the Wheat
Ridge Police Department responsiveness as there has been an increase in vandalism
and thefts in her neighborhood . The Police Department took the complaints very
seriously and addressed the concerns by increasing patrols of the neighborhood. Ms.
Hurley commends the department and their quick response to this situation .
APPROVALOFAGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.L Council Bill No . 09-2013 -An Ordinance reappointing Presiding Municipal Judge
Christopher Randall , increasing his hourly compensation and approv ing a
Presid ing Municipal Judge Services Agreement.
Mayor DiTullio opened the public hearing .
Council Membe r DeMott introduced Counc il Bill 09-2013.
Deputy City Clerk Roome assigned Ordinance number 1539 .
The City's Home Ru le Charter provides for appointment of the Municipal Court Judge
for a term of two years . The current term of Presiding Judge Christopher Randall
expires July 1, 2013. The Judge is presently compensated at $87 .15 per hour. This rate
has been in effect since 2007 . The Judge requested an increase to $91 .51 per hour,
representing a 5% adjustment.
Staff Report : Mr. Dahl stated he had nothing further to add
Public Comment: None
Mayor DiTullio closed the publ ic hearing .
Motion by Councilmember DeMott to approve Council Bill No. 09-2013 , an ordinance
reappoint ing Presiding Municipal Judge Christopher Randall, increasing his hourly
compensation and approving a presiding municipal judge services agreement, on
second reading and that it take effect upon adoption , as permitted by the Charter;
seconded by Councilmember Pond ; carried 8-0 .
2. Reso lution No . 23-2013 -A Reso lution approving a Two -Lot Subdivis ion Plat
with a Right-of-Way Dedication for property zoned Residential-Three (R-3) and
City Council Minutes July 8, 2013 Page 3
Neighborhood Commercial (NC) located at 5801 W . 38th Avenue/4000 Fenton
Court (Case No. MS-13-02/Incarnation)
Mayor DiTullio opened the public hearing.
Council Member Davis introduced Resolution 23-2013.
Staff Report:
Meredith Reckert provided Council with a digital presentation which states that the
applicant is requesting approval of a two-lot subdivision plat for property zoned R-3 and
NC at 5801 W. 38th Avenue/4000 Fenton Court. The purpose of the request is to
prepare the site for development of 26 new residences and to dedicate street right-of-
way.
Applicant:
Mark Young, Denver, addressed Council regarding the extra steps they have taken to
provide Wheat Ridge with the best product possible. They have exceeded all of the
outlines that have been placed on them from the Planning Commission. Asked for
Council to reconsider the fees that the Parks Commission has stated are necessary to
receive their approval.
Public Comment:
Sheldon Ronholdt, 4075 Fenton Court, spoke in opposition of the planned
development.
Ellen Goodnight, 5825 W. 39th Avenue, stated some opposition of the planned
development and hopes that Council can be proactive and address her concerns.
Brenda Hurley, 4090 Fenton Court, spoke in opposition of the planned development.
7 :46pm : Mayor DiTullio took a five minute recess so the City Attorney could research
the issue.
7:51 pm: Mayor DiTullio reconvened the meeting
Mayor DiTullio closed the public hearing.
Motion by Councilmember Davis to approve Resolution No . 23-2013, a resolution
approving a two-lot subdivision plat with a right-of-way dedication for property zoned
Residential-Three (R-3) and Neighborhood Commercial (NC) located at 5801 W . 38 1h
Avenue/4000 Fenton Court, for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws .
2 . The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation.
City Council Minutes July 8, 2013 Page4
3. The Subdivision plat has been found in compliance with Article IV of Chapter 26
of the Code of Laws; seconded by Councilmember Reinhart;
Motion by Councilmember Davis to amend the main motion that the applicant pay a
fee-in-lieu of parkland dedication prior to the issuance of the first building permit in the
amount of 50% of the required fee as determined by a certified appraisal of the property
as calculated per Section 26-421.F.2 of the Code OR $89,500, whichever is less, with
1 00% of the fee to be paid to the City to be used as allowed by Section 26-421. F .4 of
the Code; seconded by Councilmember Pond; carried 8-0.
Main motion carried 8-0
8:15pm: 5 minute break called by Mayor DiTullio
8:20 pm: Mayor DiTullio reconvened the meeting
~ Resolution No. 22-2013 -A Resolution approving a 48-Lot Subdivision Plat with
Right-of-Way Dedications for Property Zoned Planned Residential Development
(PRO) Located at 11885 W. 38th Avenue (Case No. WS-13-01/Doud Overlook)
Mayor DiTullio opened the public hearing.
Council Member Pond introduced Resolution 22-2013 .
Staff Report:
Meredith Reckert provided Council with a digital presentation showing that the
applicant is requesting approval of a 48-lot subdivision plat with right-of-way dedications
for property zoned Planned Residential Development (PRO) located at 11885 W. 38th
Avenue. The purpose of the subdivision is to prepare the property for development of a
new residential subdivision.
Applicant:
Rip Reid, spoke in behalf of his company stating their goals of creating a new
subdivision. They are under contract to purchase the land from the original developer.
Russ Burrows, consulting Civil Engineer, answered questions regarding the detention
pond that is proposed for the site.
Public Comment:
Ava Nagy, 3834 Union Court, wants two lots eliminated in order to keep lot sizes similar
to those of the existing neighborhoods to the east and west.
Ken Asbury, 3882 Union Court, is happy with the developer as they appear to have a
good product but is also concerned with lot sizes adjacent to his neighborhood.
Marilyn Fisher, 3850 Union Court, is also happy with the developer as they appear to
have a good product but is also concerned with lot sizes adjacent to his neighborhood.
City Council Minutes July 8, 2013 Page 5
Steve Fisher, 3850 Union Court, also wants the lot sizes to match his neighborhood
and feels this can be obtained by e liminating one lot.
Mayor DiTullio closed the public hearing.
Motion by Councilmember Pond to approve Resolution No . 22-2013, a reso lution
approving a 48-lot subdivision plat with right-of-way dedications for property zoned
Planned Residential Development (PRO) located at 11885 W . 38th Avenue , for the
following reasons:
1. City Council has conducted a proper public hearing , meeting all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation.
3 . The Subdivision plat has been found in compliance with Article IV of Chapter 26
of the Code of Laws.
With the following conditions :
1. Property addresses be added to Sheet 3 of the plat document prior to recordation
2 . The HOA covenants be provided for staff review prior to plat recordation
3 . The City continues to work with Jefferson County Open Space to finalize the
procurement of the temporary and permanent easements in the open space area
4 . The property be assessed for fees in lieu of parkland dedication, based on the
appraised value of the land , after land entitlements have been approved, subject
to staff review and approval. Said fees to be paid prior to the issuance of the first
building permit
5. The developer enters into a City standard subdivision improvement agreement
with required security, prior to recordation of the subdivision plat.
Seconded by Councilmember Stites ; carried 8-0 .
DECISIONS, RESOLUTIONS AND MOTIONS
4. Resolution No. 24-2013 -A Resolution amending the Fiscal Year 2013 Capital
Investment Program Budget to reflect the approval of a Supplemental Budget
Appropriation in the Amount of $49,905 to fund the 38th Avenue Streetscape
Concept Design and awarding the contract to Entelechy, Denver, CO, for a not-
to-exceed amount of $49 ,905.
Council Member Reinhart introduced Resolution 22-2013 .
City staff is preparing the next incrementa l implementation phase of the 38th Avenue
Corridor Plan adopted by City Council in October, 2011 . The 38th Avenue Streetscape
Concept Des ign will prov ide needed gu idance for the future construction of the
streetscape element to the corridor. Entelechy has been selected to perform the corridor
City Council Minutes July 8, 2013 Page 6
streetscape concepts design work for a not-to-exceed amount of $49,905. A budget
appropriation of said amount is required to fund this work effort.
Motion by Councilmember Reinhart to approve Resolution No. 24-2013, a resolution
amending the fiscal year 2013 Capital Investment Program Budget to reflect the
ap~roval of a supplemental budget appropriation in the amount of $49,905 to fund the
38 h Avenue Streetscape Concept Design and awarding the contract to Entelechy,
Denver, CO , for a not-to-exceed amount of $49,905; seconded by Councilmember
Pond; carried 6-2 with Councilmembers Stites and DeMott voting no .
.§.. Motion to Ratify Mayoral Appointment to the Housing Authority .
Council Member Pond introduced Agenda Item #5.
Members of the Housing Authority are appointed by the Mayor and ratified by City
Council. The Mayor met with Mr. Abbott and found that he is very interested in taking
part of the Fruitdale School project. Mr. Abbott also has a wealth of knowledge and
experience in the construction industry to include fixing, repairing, and inspecting
residential properties. Mayor DiTullio is recommending that Thomas Abbott be
appointed to the Housing Authority representing District Ill.
Motion by Councilmember Pond to ratify the District Ill Mayoral appointment of Thomas
Abbott to the Housing Authority, term to expire March 2, 2017; seconded by
Councilmember Stites; carried 8-0.
CITY MANAGER'S MATTERS
Mr. Johnstone discussed the human remains found earlier in the week in Park County,
there will be a press conference on Tuesday morning at 10 :00 a .m. in City Council
Chambers.
CITY ATTORNEY'S MATTERS
Nothing
CITY CLERK'S MATTERS
Nothing
ELECTED OFFICIALS' MATTERS
Mayor DiTullio was the opening speaker at the Jefferson County Summit on Aging.
The Mayor updated those in attendance, about 200 people, that Wheat Ridge is ahead
of the game when it comes to senior support programs, such as the Senior Circulator
Bus and the new 88 Town Center Apartments strictly for seniors. Wheat Ridge is either
on the cutting edge or the bleeding edge of senior services since 1 in 4 residents in
Wheat Ridge are over the age of 60. The Mayor would like Council to consider
increasing the amount of funding to the Senior Circulator Bus in the 2014 budget from
,.~A~
.. ~ .. City of • I?' WheatR.i_dge
ITEMNO:_j_
DATE: July 22 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2013 - A RESOLUTION APPROVING
A LEASE AGREEMENT WITH JEFFERSON COUNTY FOR
THE PURPOSE OF MANAGING CERTAIN REAL
PROPERTY FOR RECREATIONAL GOLD PANNING
D PUBLIC HEARING
D BIDS/MOTIONS
[gj RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N° READING
D YES
City Manager
There is an area ofland west ofl-70 and Youngfield at 41 51 Avenue adjacent to Clear Creek that
is within the City ofWheat Ridge boundaries. This land is owned by Jefferson County. This
area is undeveloped and appears to be a continuation of open space, but is vacant land located in
the master plan area for the Clear Creek development project.
Because the land is neither County nor City of Wheat Ridge open space the gold panning activity
that occurs in the creek is not managed. Due to the lack of management of this area the activity
is impacting trail use and the integrity of the creek bed and banks.
Recreational users of the site have been requesting for many years that rules be enforced in the
area for recreational gold panning only.
This lease will allow the City to create and enforce rules regarding motorized equipment, pipe
sizes and locations for dredging. Leasing the land to the City will allow the Parks and
Recreation Department to develop rules to manage the gold panning and reduce the
environmental impacts to the creek banks.
Gold Panning Lease Agreement
July 22, 2013
Page2
PRJOR ACTION:
City Council accepted a trail corridor easement from the County through this area on March 14,
2011.
This land is included in the master plan for the Clear Creek Crossing development.
Jefferson County Administration staff, Open Space staff, and City of Wheat Ridge staffhave met
with stakeholders to reach a solution to this issue.
Jefferson County Commissioners approved the lease on June 25, 2013.
FINANCIAL IMPACT:
The financial impact for this program will be approximately $500 for rules signage.
BACKGROUND:
Gold panning is an activity that has been occurring in this area of Clear Creek for over 1 00 years.
The area is historically referred to as the Arapahoe Bar. To access this area of the creek users
carry or trailer their equipment and walk in on the Clear Creek trail.
Jefferson County Open Space does allow gold panning in open space areas , specifically Clear
Creek located in the Clear Creek canyon west of Golden. The City of Wheat Ridge does not
allow gold panning in Clear Creek within the Wheat Ridge Greenbelt.
Rules will be developed with user groups, county open space staff and City of W11eat Ridge staff.
The area will be open to the public, sunup to sundown, which is consistent with the Wheat Ridge
Greenbelt hours. The area will be maintained by City of Wheat Ridge Open Space staff.
It is the intent of the County that this property remains in the master plan for the Clear Creek
Crossing development and all options for use of the property remain available.
RECOMMENDATIONS:
Staff recommends approval of the lease agreement.
RECOMMENDED MOTION:
"I move to approve Resolution No. 25-2013, a resolution approving a lease agreement with
Jefferson County for the purpose of managing certain real property for recreational gold
panning."
Or,
"I move to deny Resolu6on No. 25 -2013, a resolution approving a lease agreement with
Jefferson County for the purpose of managing certain real property for recreational gold panning
for the following reason(s) "
Gold Panning Lease Agreement
July 22 , 2013
Page 3
REPORT PREPARED/REVIEWED BY:
Joyce Manwaring, Director Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 25-2013
2. Lease agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 25
Series of 2013
TITLE: A RESOLUTION APPROVING A LEASE AGREEMENT WITH
JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING
CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD
PANNING
WHEREAS , Jefferson County is the owner of certain real property described in
Exhibit A-1 and depicted , for reference purposes only in Exhibit A-2 , both of which are
attached hereto and incorporated by reference (the "Lease Property") and;
WHEREAS , the County does not currently intend to develop the Lease Property
for open space , park or recreational purposes , but believes that such Lease Property
should be developed , maintained and operated for public recreational gold panning by
the City of Wheat Ridge; and
WHEREAS , the City , acting through its City Council, has determined it to be in
the interest of its res idents to enter into a lease with the County to develop , operate and
maintain the Lease Property for public recreational gold panning .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge ,
Colorado , as follows :
THE ATTACHED LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE
PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL
GOLD PANNING IS HEREBY APPROVED.
DONE AND RESOLVED this 22nd day of July 2013.
Jerry DiTullio , Mayor
ATTEST :
Janelle Shaver, C ity Clerk
Attachment 1
LEASE AGREEMENT
THJS LEASE AGREEMENT ("Lease"), dated for reference purposes only this
__ day of , 2013 , is between the COUNTY
OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the
"County") and the CITY OF WHEAT RIDGE, a municipal corporation (the "Lessee").
RECITALS
A . The County is the owner of the property described in Exhibit A-1 and
depicted , for reference purposes only in Exhibit A-2 , both of which are attached hereto
and incorporated by reference (the "Lease Property"); and
B. The County does not currently intend to develop the Lease Property for
open space, park or recreational purposes , but believes that such Lease Property should
be developed , maintained and operated for public recreational gold panning by the
Lessee ; and
C . The Lessee is desirous of entering into a lease with the County to develop ,
operate and maintain the Lease Property for public recreational gold panning.
NOW, THEREFORE, in consideration of the mutual agreements ,
conditions and provisions hereinafter set forth , the parties to this Lease agree as follows:
I. PROPERTY LEASED. The County leases to the Lessee and the Lessee leases
from the County the Lease Prope1ty. The Lease Property is leased "as is .. without an y
warranties .
2. TERM AND COMPENSATION . The term ofthis Lease shall be ten years from
the date of its execution by the Jefferson County Board of County Commissioners (the
"Board"), thereby ending on , 2023 , unless terminated earlier as
provided herein. No monetary compensation or lease payments are required of the
Lessee.
3 . USE OF LEASE PROPERTY.
(a) The Lessee covenants and agrees to only use the Lease Prope1ty for public
recreational gold panning purposes. The County Open Space Program
will assist Lessee in establishing rules or guidelines and a monitoring
system for gold panning on the Lease Property. The Lessee is authorized
to adopt and enforce such rules , guidelines , and monitoring system at its
discretion .
Wheat Ridge Gold Pa nni ng Lease .6-1 0-13.doc
Attachment 2
(b) The Lessee may not alter the floodplain within the Lease Property.
(c) A 36'" culvert (''Culvert .. ) exists on the Lease Proper1y. the location of
which is depicted on Exhibit B attached hereto and incorporated by
reference. The Culvert drains an adjoining wetland area for which the
County is responsible under the U.S. Corps of Engineers · jurisdiction.
The Lessee may not alter or obstruct the Culvert or its operation in any
way. The County shall have access to the Lease Property at all reasonable
times , without notice to the Lessee, including for access to the Culvert for
the purposes of operation. maintenance, and repair.
(d) The Lessee shall not install any improvements or structures on the Lease
Property except for signs approved by the County.
(e) The County retains ownership of the land. water. water rights. wells and
any related improvements that are appurtenant to the Lease Proper1y.
(f) The Lessee shall not use. keep, or permit any substance or material in or
about the Lease Property that may vitiate or endanger the validity of the
insurance thereof or increase the hazard or risk of fire or flooding .
(g) The Lessee shall keep the Lease Property clean and in a sanitary condition
and , to the greatest extent possible within its standard Police and Parks
and Recreation budgetary restrictions. shall not permit any disorderly
conduct. undue noise or nuisance on the Lease Property.
(h) The Lessee shall not use or authorize or permit others to use the Lease
Property for any purpose prohibited by the laws of the United States. the
State of Colorado. and the City of Wheat Ridge. The Lessee shall comply
with all current zoning regulations set forth in the Clear Creek Crossing
Planned Commercial Development. which permits open space and outdoor
recreation. The parties agree that gold panning is permitted on the Lease
Property. within the limitations as to nuisance and noise. and the
requirements imposed by Lessee. as elsewhere herein established or
permitted.
(i) Upon the termination or expiration of this Lease the Lessee shall. within
thirty (30) days thereof, remove any and all signs placed pursuant to this
Lease.
(j) The Lessee. and not the County , shall be responsible for the total
operation. management. and maintenance of the Lease Property .
Whe at R1d ge Go ld Pannmg Lease 6-10-13 doc 2
4. TERMINATION.
(a) !fat any time the Lease Property is not used for the public open space,
park or recreation purposes authorized herein , this Lease shall promptly
and automatically terminate.
(b) If either party defaults or fails to keep any covenants or agreements to be
performed by such party , the non-defaulting party may declare this Lease
terminated ; provided the non-defaulting party shall give the defaulting
party written notice of such alleged default, and the defaulting party shall
have a period of thirty (30) days to cure the alleged default.
(c) Either party may terminate this Lease without cause and for any reason
including, without limitation , if the County were to receive an offer to
purchase the Lease Property, by providing written notice to the other party
at least sixty (60) days prior to termination.
(d) Whenever this Lease expires or is terminated , all rights , duties and
obligations hereunder shall terminate except insofar as any duties or
obligations hereunder that are declared in this Lease to survive the
termination of this Lease , at which time the Lessee shall promptly
surrender and deliver up the Lease Property peaceably to the County in
accordance with this Lease, and in the same condition as the date of
execution of this Lease, ordinary wear, tear and damage by elements and
acts of God excepted. Upon the request of the County , the Lessee and the
County shall execute and the County may record a notification of a release
or termination of this Lease in the records of the Clerk and Recorder's
Office.
5. PRIORITY TO COUNTY RESIDENTS, FEE DIFFERENTrALS. The Lessee
covenants and agrees that regarding the use of the Lease Property , including any
improvements thereon , the following shall apply:
(a) No Lessee resident shall be given preference concerning use of the Lease
Property or any activities therein.
(b) Jefferson County residents shall be given use priority preference over non-
County residents.
(c) No fee preference shall be given to the Lessee's residents over other
Jefferson County residents concerning use of the Lease Property.
(d) If fees are ever charged on the Lease Property , fee differentials shall be
charged for non-Jefferson County residents.
Wheat Rid ge Gold Pa nning Lease .6-1 0-13.doc 3
6 . INDEMNIFICATION AND RELEASE. To the extent permitted by Jaw. and
within the limitations imposed by the Colorado Constitution and statutes, the Lessee
agrees to and does hereby release, waive, discharge. indemnify and hold the County. its
officials, agents. employees, successors and insurers harmless from and against any
actual or alleged injury. liability. or damage. including attorneys' fees , related to or
arising out of use of the Lease Property by the Lessee or any other person or entity. To
the extent the Lessee requires a public user of the Lease Property to execute a release.
waiver or indemnification pertaining to its use of the Lease Property. the County shall
also be identified as a beneficiary of the instrument. The obligations of this paragraph
shall survive termination ofthe Lease.
7. ENV IRONM E TAL IND EMNIFICAT ION . To the extent permitted by law. and
within the limitations imposed by the Colorado Constitution and statutes, the Lessee
agrees to indemnify and hold harmless the County for any and all (I) civil. legal and
administrative costs: (2) fines and penalties ; (3) response. remedial and clean-up costs:
and (4) other costs (including attorneys· fees) or liability arising from the introduction by
the Lessee or any of its authorized agents or officers of any Hazardous Materials to the
Lease Property during the term of this Lease. except any Hazardous Material that may
have been directly introduced by the County. As used herein. the term "Hazardous
Materials" means flammable or explosive materials. petroleum or petroleum products.
oil. crude oil. methane gas or synthetic gas usable for fuel , radioactive materials. asbestos
or any hazardous. toxic or dangerous substances. materials or wastes which are regulated
under any applicable county. municipal, state or federal law. rule. ordinance. direction , or
regulations as may be amended from time to time. The obligations of this paragraph
shall survive termination of the Lease.
8. I SURA CE. During the term of this Lease. the Lessee shall maintain the
insurance coverages and comply with the requirements set forth in Exhibit B. attached
hereto and incorporated by reference .
9. NON-ASSIGNABILITY. This Lease is not assignable. nor may the Lessee
sublease any portion of the Lease Property.
I 0. FURTHER ASSURA CES. It is the intent of the parties that notwithstanding
anything contained to the contrary herein. all right. title and interest in the Lease Property
and any and all improvements located thereon or connected therewith. regardless of when
such improvements were placed upon the Lease Property. shall be fully vested in the
County as of the termination of this Lease. The Lessee, upon the request of the County,
will at any time execute. acknowledge, deliver and record such further instruments as
may be necessary or proper to carry out this intent, and hereby irrevocably appoints the
County as its agent to execute and deliver such instruments as may be necessary.
II. LEASE PROPERTY ENCUMBRANCES. The County grants, and the Lessee
accepts. this Lease subject to all encumbrances. including. without limitation , any
easements, covenants and rights-of-way . The County reserves the sole and exclusive
right to grant or use additional encumbrances on, over. and across or under the Lease
Wheat R1dgc Gold Pannmg Lease 6·1 0·13 doc 4
Property during the term of this Lease. The County shall give prior written notice of any
such encumbrances contemplated by the County after the date of execution of this Lease
to the Lessee.
12. FUNDING FOR LEASE PROPERTY. The Lessee shall obtain written approval
from the County Open Space Director prior to applying for grant funds or other third-
party funding for use at the Lease Property if any associated grant or funding document
may in any way encumber the Lease Property. For any grant or other funding the Lessee
seeks pertaining to the Lease Property that will not in any way encumber the Lease
Property, the Lessee shall simply copy the County Open Space Director on the grant or
funding application
13. ATTORNMENT. The Lessee agrees that ifthe interests ofthe County are
transferred for any reason , the Lessee shall be bound to and shall attorn to the successor
to the County"s interests under all of the terms, covenants and conditions of this Lease for
the balance of the term thereof remaining and shall recognize such successor as its
landlord hereunder.
14. MISCELLANEOUS PROVISIONS.
(a) This Lease may not be modified or amended except by an agreement in
writing signed by the parties.
(b) No term or provision hereof shall be deemed waived unless the waiver
shall be in writing and signed by both parties . Any failure by one party to
insist upon the other party 's strict performance of any of the terms of this
Lease shall not constitute a waiver of those or any other terms. Any delay
in exercising or enforcing any rights with respect to one party 's alleged
breach of this Lease shall not preclude the other party from exercising any
rights hereunder or at law or in equity.
(c) Time is of the essence with respect to this Lease.
(d) Any notice or communication given pursuant to this Lease shall be given
in writing , either in person or by certified mail , return receipt requested.
Such notice shall be deemed given at the time indicated on the duly
completed return receipt.
(e) Notice to the Lessee shall be delivered or mailed to:
or such other address as the Lessee may from time to time designate by
written notice to the County.
Whea t Ridge Go ld Panning Lcase .6-l 0-13 .doc 5
(t) Notice to the County. including any Certificates of In surance, shall be
delivered or mailed to:
with a copv to:
Director. Jefferson County Open Space Division
700 Jefferson County Parkway, Suite I 00
Golden. CO 8040 I
Jefferson County Attorney"s Office
I 00 Jefferson County Parkway
Golden, CO 80419-5500
or such other address as the County may from time to time designate by
written notice to the Lessee.
WITNESS WHEREOF. the parties have executed this Lease.
W heat Rtd ge Gold Pa nnmg Lease 6 -1 0-13 doc 6
ATTEST:
Deputy Clerk
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
COUNTY OF JEFFERSON
STATE OF COLORADO
By : ___________ _
Donald Rosier, Chairman
Board of County Commissioners
Subscribed and sworn to before me this day of _____ . 2013 , by Donald
Rosier as Chairman of the Jefferson County Board of Commissioners .
WITNESS my hand and official seal.
My Commission Expires: ______ _
APPROVED AS TO FORM :
Steven L. Snyder
Assistant County Attorney
Wheat Ridge Gold Panning Lease .6-I 0-I 3.doc
Notary Public
7
STATE OF COLORADO )
) ss.
COU TY OF JEFF ERSO )
CITY OF WHEAT RIDGE, a municipal
corporation
By __________________ __
__________________________ .Mayor
The foregoing instrument was acknowledged before me this ____ day of
______________ ,2013by _________________ as
Mayor of the City of Wheat Ridge , a municipal corporation.
WITNESS my hand and official seal.
My Commission expires:
otary Public
Wheat R1d gc Gold Pannin g Lease 6-10-13 doc 8
CLEAR CREEK GOLD PANNING
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN TRACT C OF CLEAR CREEK CROSSING SUBDIVISION FILING
NO . 1, AS RECORDED IN RECEPTION NUMBER 2011072532 OF THE JEFFERSON COUNTY
RECORDS AND ALSO LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN ,
CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON , STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
ALL THAT PART OF SAID TRACT C LYING NORTHERLY OF THE TRAIL EASEMENT DESCRIBED IN
RECEPTION 2011032502 OF THE JEFFERSON COUNTY RECORDS.
LAWRENCE L. PFIFER , PLS 27612
PREPARED FOR AND ON BEHALF
OF JEFFERSON COUNTY
JEFFERSON COUNTY OPEN SPACE
700 JEFFERSON COUNTY PARI<YVAY , SUITE 100
GOLDEN , CO 8040 1
(303) 271 -5925
EXHIBIT A-1
INSURANCE REQUIREMENTS-GENERAL
I Prior to the commencement of any work the vendor shall forward certificates of insurance to
the department specified in the award document.
II Certificate Holder must be Jefferson County, Colorado. Required
II Jefferson County must be added as an additional insured to general liability, auto liability, and Required
any excess liability policies.
Ill In surance-Minimum requirement
Workers compensation-statut01y limits provided by an insurance carrier that is licensed to do Required
business in Colorado. The policy shall contain a Waiver of Subrogation on behalf of Jefferson
County.
Employer's liability -$1 00.000 each accident
$500.000 disease policy limit
$100 ,000 disease each employee
Commercial General Liability Required
The policy must not exclude or reduce coverage for mobile equipment, personal injury : blanket $1M ea
contractual ; and death. Personal injury coverage must have the employee exclusion deleted . The occurrence
policy shall contain a Waiver of Subrogation on behalf of Jefferson County. $2M general
aggregate
Commercial automobile liability insurance-including hired and non-owned vehicles. if autos are Required
used in the performance of work under this agreement. Combined single limit for bodily injury and $1M CSL per
property damage. accident
All deductibles or self-insured retentions (SIRs) in excess of$5 ,000 must be li sted on the certificate Required
of insurance
Certificates of insurance on all policies to the county shall provide written notice of not les s than 30 Required
days prior to cancellation or non-renewal of coverage
The insurance requirements specified by the county shall remain in effect for the full term of the Required
contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent
to the county during the full term of the contract and/or agreement and any extension thereof.
The county reserves the right to reject any in s urer it deems not financially acceptable on insurance Required
industry resources . Property and liability insurance companies shall be licensed or approved to do
business in Colorado. Additionally the county reserves the right to reject any insurance with
relatively large deductibles or self-insured retentions (SIRs). deemed by the county to pose too high a
risk based on the size of the contractor. financial s tatus or rating of the contractor, or based on the
size or type of the project and the exposure.
IV Any deviations below the standards given above must be approved by Jefferson County Risk Required
Management
v Any subcontractors must meet the same insurance requirements for the contract or purchase Required
order unless Risk Management has approved a deviation
EXHIBIT C
Council Action Form
July 22 , 2013
Page2
improve until the position is funded and equipment is acquired. When this happens , the
committee anticipates the responsiveness will improve greatly.
The Jefferson County Board of County Commissioners approved the attached inter-
governmental agreement on May 20 , 2013 .
PRJOR ACTION:
A staff report was presented at a study session to the City Council on January 28 , 2013.The
Council consensus was for the police department to continue their participation in the committee
with the intent of becoming a member agency.
FINANCIAL IMPACT:
The assessment for the police department would be:
• 2014:$31 ,279 .78 (Prorated-depending upon when the crime lab becomes
operational as determined by the Governing Board)
• 2015:$31 ,279.78
• 2016: (To be determined by the Governing Board)
BACKGROUND:
The Jefferson County combined crime laboratory has been one of the recent regionalization
efforts of the Jefferson County law enforcement agencies. This effort began with a multi-
jurisdictional committee being formed at the direction of the law enforcement agency CEO 's .
A number of meetings were held throughout 2012 and will continue throughout 2013. There
were a number of studies conducted to detennine the feasibility of a combined crime laboratory
serving the needs of Jefferson County law enforcement agencies and the communities served.
Citizens are demanding that criminals be held accountable for their crimes and they have high
expectations when it comes to evidence processing. Through the combined laboratory project,
the City will experience quicker turnaround times for the analysis of evidence, thus providing the
police department the opportunity to resolve active criminal investigations in a more timely
manner. Reducing the amount of downtime waiting for forensic analysis will also be of benefit
in the investigation of pattern crimes. The ability to file criminal charges in a timely manner
strengthens the prosecution of criminal offenders and aids in the closure of cases.
RECOMMENDATIONS:
It is recommended that the City Council approve the intergovernmental agreement to
establish the Jefferson County Regional Crime Laboratory.
RECOMMENDED MOTION:
"I move to approve Resolution No . 27-2013 , a resolution approving an intergovernmental
agreement between the cities of Arvada, Golden , Lakewood , Wheat Ridge and the county of
Jefferson to establish the Jefferson County Regional Crime Laboratory.
Council Action Form
July 22,2013
Page 3
Or,
"I move to postpone indefinitely Resolution No. 27-2013 , a resolution approving an
intergovernmental agreement between the cities of Arvada, Golden, Lakewood , Wheat Ridge
and the county of Jefferson to establish the Jefferson County Regional Crime Laboratory for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Joseph Cassa , Division Chief
Daniel Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 27-2013
2 . Intergovernmental Agreement, with Exhibit A
3. Staff Report of 1/28/2013
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 27
Series of 2013
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITIES OF ARVADA, GOLDEN,
LAKEWOOD, WHEAT RIDGE AND THE COUNTY OF
JEFFERSON TO ESTABLISH THE JEFFERSON COUNTY
REGIONAL CRIME LABORATORY
WHEREAS, the City of Wheat Ridge, Colorado (the City), acting through its City
Council (Council) is a home rule municipality with statutory and constitutional authority
to enact ordinances and enter into agreements for protection of the public health, safety
and welfare; and
WHEREAS, pursuant to C.R.S. § 29-1-203, the City and Jefferson County (the
County) are authorized to enter into cooperative agreements with other governmental
entities to provide any function, service or facility each is authorized to undertake; and
WHEREAS, the City and the County are each authorized to perform law
enforcement functions; and
WHEREAS, the County Sheriff's Department is establishing a regional forensic
crime laboratory and associated personnel to provide forensic evidence analysis; and
WHEREAS, the City does not currently possess such specialized lab facilities or
personnel; and
WHEREAS, the Council finds that the City's use of the regional crime lab may
result in quicker turnaround time on the analysis of certain evidence, thus providing the
City Police Department the opportunity to resolve active criminal investigations more
quickly; and
WHEREAS, the Council further finds that the ability to file criminal charges in a
timely manner strengthens the prosecution of criminal offenders in the criminal justice
system which aids in the closure of cases for crime victims; and
WHEREAS, the Council therefore determines that entering into an
intergovernmental agreement under which the City Police Department may use the
regional crime lab facilities and personnel would promote and protect the public health,
safety and welfare of the citizens of Wheat Ridge; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to enter into contracts or agreements with
other governmental units or special districts for joint use of buildings, equipment,
facilities, or for furnishing or receiving commodities or services.
Attachment 1
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The attached Intergovernmental Agreement to establish the Jefferson
County Regional Crime Laboratory is hereby approved. The Mayor and City Clerk are
authorized to execute the same.
Section 2. This Resolution shall be effective immediately.
DONE AND RESOLVED this 22nd day of July, 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
2
INTER-GOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON
COUNTY REGIONAL CRIME LABORATORY
CITIES OF ARVADA, GOLDEN, LAKEWOOD, WHEAT RIDGE
AND THE COUNTY OF JEFFERSON
THIS INTER-GOVERNMENTAL AGREEMENT (this "Agreement") is
made this 14th day of May 2013, by and between the City of Arvada, a home rule
municipality under the laws of the State of Colorado with a principal location at
8101 Ralston Road, Arvada, Colorado 80001; the City of Golden, Colorado, a
home rule municipality under the laws of the State of Colorado with a principal
location at 911 1oth Street, Golden Colorado 80401; the City of Lakewood,
Colorado, a home rule municipality under the laws of the State of Colorado with a
principal location at 480 S Allison Parkway, Lakewood, Colorado 80226; the City
of Wheat Ridge, Colorado a home rule municipality under the laws of the State of
Colorado with a principal location at 7500 W 29 1h Avenue, Wheat Ridge Colorado
80033; and the County of Jefferson, a county government under the laws of the
State of Colorado with a principal address at 100 Jefferson County Parkway,
Golden Colorado 80401. The foregoing are also referred to herein collectively as
the "Parties" or singly as a "Party."
WHEREAS intergovernmental agreements to provide functions or
services, including the sharing cost of such services or functions by political
subdivisions of the State of Colorado, are specifically authorized by Section 29-1-
203 C.R.S. and
WHEREAS, the municipalities encourage the development of regional
coalitions of local governments in order to establish efficient and effective
delivery of municipal services; and
WHEREAS, the County of Jefferson and cities of Lakewood and Arvada
currently have forensic crime laboratories which process evidence from crime
scenes to aid in the detection and prosecution of criminals; and
WHEREAS, recent years have seen a sharp increase in the need for
forensic analysis of evidence; and
WHEREAS, it will be to the advantage of all Parties and to the health,
safety and welfare of the citizens of the State of Colorado, to cooperate to
provide a regional forensic crime Laboratory in the County of Jefferson, enabling
each Party to improve its law enforcement services for the public and to relieve
and supplement the State Crime Laboratory; and
1
Attachment 2
WHEREAS, all Parties are willing to share in the expense in a regional
forensic crime Laboratory through this Agreement , with the County of Jefferson
being the designated location for such Laboratory; and
WHEREAS, this Agreement shall be considered an inter-governmental
cooperation agreement pursuant to Section 29-1-203 C.R.S . for the purpose of
providing a regional forensic crime Laboratory (the "Lab") available for use of
each Party on a cost-sharing basis on the terms and conditions in this
Agreement. The Lab shall be known as the Jefferson County Regional Crime
Laboratory, or such other name as shall be mutually determined by the Parties,
NOW THEREFORE, in consideration of the mutual promises and
covenants herein , the Parties agree as follows :
1. Location of Lab: The Lab shall be located at 200 Jefferson County
Parkway, Golden, Colorado 80401 .
2. Establishment of Board:
a. There is hereby established a governing Board (the "Board ") for the
Lab consisting of the following:
The Police Chiefs of Arvada , Golden , Lakewood and Wheat Ridge , or
their authorized designee(s), and the Jefferson County Sheriff or
his/her authorized designee . Each Party shall have one representative
on the Board at all times .
b. The Board shall act as an administrative Board with the following
duties :
i. Establish policies and procedures for the operation of the Lab,
including without limitation , final approval of the initial outfitt ing and
equipping of the Lab, operational schedule , policies setting forth the
scope of forensic services to be provided through the Lab, policies
regarding access to and prioritization of Lab resources, and
personnel policies;
ii. Produce an annual report with budget recommendations or any
other recommendations for modification , revision or repeal of this
Agreement ;
iii. Make recommendations to each Party as to the terms for any
additional agreements or amendments needed to effectuate this
Agreement , or as to additional cost items not included in the budget
set forth in Section 4 below .
c. The Board Year shall be from July 1 -June 30 of each year.
d. The Board shall select a Chair from its members to serve during each
Board Year. All Board recommendations shall require a favorable vote
2
of a simple majority of the entire Board . Any recommendations which
require physical or operating modifications to the Lab, modifications to
costs assumed by the County of Jefferson under Section 6.b.ii. below,
or which impact the construction of the Lab or purchase and
installation of fixed equipment of the Lab by the County of Jefferson
shall require the additional express approval of the Jefferson County
Sheriff.
e. Upon receipt of written notice of Board recommendations as to the
budget, or additional agreements or amendments, each Party shall
review those recommendations, with budget recommendations to be
considered in time to be included in the upcoming fiscal year budget. If
a majority of the Parties approve such recommendations, then all
Parties to this Agreement are bound thereby so long as they remain a
Party to this Agreement.
3. Lab Director
a. The Board shall appoint a "Lab Director" who shall be responsible for
the supervision and management of day to day operations of the Lab.
The Lab Director may be an employee of any Party to this Agreement.
Appointment of any individual as the Lab Director shall not affect that
person's status as an employee of any of the Parties.
b. The Lab Director shall serve a term as directed by the Board. The Lab
Director may be removed from his or her position at any time by a
simple majority of the entire Board, and shall be replaced by another
person appointed by the Board upon removal.
4. Budget. Each year, the Board shall recommend a budget of itemized
expenditures and revenues to each Party no later than June 30 1h of each
year, including expenditures in addition to those required in Section 6, for the
upcoming fiscal year of lab operations and which may include funds payable
to a contingency account as set forth in Section 6.vi below. For purposes of
this Agreement the fiscal year for Lab operations shall run January 1 through
December 31 of each year.
For fiscal years 2014 and 2015, the Parties agree that the initial Lab budget is
established effective December 31, 2012, as shown in Exhibit A which is
attached hereto and incorporated by this reference.
If operations begin after January 1, 2014, for any partial year 2014 operations
the proration of total contributions from each Party shall be at the discretion of
the Board, and will be determined for each year no later than June 30 of the
year preceding .
5. Functional Organization: Each Party's employees using the Lab shall be
and remain the employees of their respective employers for all purposes,
regardless of where they may be working or their presence in the Lab. Daily
3
supervision of all employees shall be the responsibility of the Lab Director.
Any discipline or performance issues will be communicated by the Lab
Director to an employee 's respective Party . Any discipline imposed against
an employee shall be the responsibility of the employing Party. All employees
shall be required to follow rules for the use of the Lab which shall be
promulgated by the Board. When vacancies occur within the Lab staff, the
Board may make recommendations to the employing Party when filling the
vacancy based upon expertise required and the employing Party's job
description . All hiring decisions will remain in the sole discretion of the
employing Party. The Lab will be initially be staffed with 13 full-time
employees. The Sheriff will provide eight (8) employees , the City of
Lakewood four (4) employees and the City of Arvada one (1) employee. For
calendar year 2015 , the Sheriff shall contribute an additional employee to the
Lab . Beyond calendar year 2015, the number of employees and need for any
additional employees will be reviewed annually by the Board. Costs for
salaries and benefits for any additional employees beyond the original 14
employees set forth herein will be funded fifteen percent (15%) by the Sheriff
and eighty-five percent (85%) by cost contributions from the Municipal Parties
as set forth in Section 6 below. At the request of any Party , the presence of
any emp loyee at the Lab shall be reviewed by the Board .
6. Costs: Costs shall be allocated between the Parties on the following basis :
a . Capital costs : The design and construction of the Lab and
purchasing of fixed equipment for the Lab may be determ ined in the
sole discretion of the Sheriff. Along w ith the costs identified in
Section 6 .b .ii below , the capital costs identified in this Section 6 .a .
shall constitute a contribution in-kind from Jefferson County and
Jefferson County shall not be obligated to make any additional
monetary contribut ions under Section 6 .b. below .
b. Additional funding for the Lab will be provided as follows :
i. Following the completion of the construction of the Lab
under Section 6 .a., each Municipal Party shall contribute an
annual dollar amount to the Lab according to the budget
prepared by the Board under Section 4 above and
apportioned between the Parties according to the following
formula . For purposes of this Section 6.b.a "Municipal Party "
is identified as all parties to this Agreement except for
Jefferson County .
A. Monetary contributions of each Municipal Party
hereunder shall be determined on a pro rata basis
using a formula based on the relative law
enforcement needs of each Party. The formula shall
be calculated as of December 31 of each year using
the previous five (5) years of Group A crime data from
4
the National Incident-Based Reporting System
("NIBRS") and number of budgeted law enforcement
(i.e. non-detention and non-court service) officers as
of January 1 for each of the applicable Parties. The
total Group A crimes reported in the jurisdictions of all
applicable Parties in the previous 5 years shall be
divided into the respective number of Group A crimes
occurring within the jurisdiction of any Party in the
previous 5 years to produce that Party's NIBRS share
as provided by the Federal Bureau of Investigation
("NIBRS share"). For purposes of this Agreement,
Group A crimes shall be defined as set forth by the
NIBRS. The total number of budgeted law
enforcement officers between all applicable Parties
will be divided into the number of budgeted law
enforcement officers or "LEOs" for each applicable
Party to produce that Party's "LEO Share". Each Party
will have a "Respective Contribution" that is the
arithmetic mean of the NIBRS Share and the LEO
share for that Party. The required contributions of
each Party shall be represented by the pro rata share
that reflects the Respective Contribution of that Party
divided by the total of the Respective Contributions
from all the Parties.
B. Contributions required under this Section 6. b . shall
be paid by the Municipal Parties no later than March 1
of each year for the current fiscal year of Lab
operations
ii. After occupancy of the Lab, the County of Jefferson shall be
responsible for 100% of the cost of the following:
A. Capital costs related to repair and maintenance of the
building where the Lab is located; and
B. Operating costs for the building, including but not
limited to electricity, heat, water, sewer, cleaning,
ordinary repair and maintenance for the building itself,
and other similar costs not defined herein as
expressly assumed by Jefferson County, other than
consumables, as set forth in Section 6.b.iiv.A. the
costs for which shall be shared as determined by the
Board; and
C. Cost for all risk casualty insurance, or self-insurance,
for the equipment in the Lab, including the equipment
transferred to the Lab from contributing agencies .
5
iii. Revenues. In the event of receipt of any state or federal
grants or other revenue for the Lab by any Party, credit for
such revenue shall be credited to each of the Parties on the
same basis as provided for the sharing of costs in Section
6.b.i.a., above. Such credit will be allocated over the period
for which the grant or revenue was received. If any local
cost or funds matching is required for the grant and the
Parties approve such expenditures, such costs shall be
allocated to the Parties on the same basis as provided for
the sharing of costs in Section 6.b.i.a., above . All credits for
revenue or allocations of cost shall be made only after
recommendation of the Board as set forth in Section 4
above .
iv. All payments due to the County of Jefferson from the
Municipal Parties for sharing of Lab costs as set forth in this
Agreement including but not limited to payments required
under Section 6.b above or elsewhere in this Agreement
shall be paid to: Jefferson County Accounting, 100 Jefferson
County Parkway, Golden, Colorado 80401
v. Capital Equipment. In the event that the Board determines
that the Lab requires specialized capital equipment,
including but not limited to firearm ballistics and DNA
analysis equipment, the Parties will cooperate to seek grant
funds or funds from the Parties to purchase such capital
equipment. For any particular acquisition of capital
equipment, the Parties may deviate from the cost sharing
formula set forth in Section 6.b.i.a., above with the written
approval of the Board.
vi. Contingency Expenses. By decision of the Board, the Parties
may be required to pay additional money to fund the Lab to
serve as a Contingency Account. Any required contributions
from the Parties for the Contingency Account shall be
submitted to the Parties in the annual budgetary submittal
required by Section 4.b above. Any expenditure from the
Contingency Account for expenses not included in the
annual budget must be approved by the express decision of
the majority of the Board.
vii. Operating Costs. Except as otherwise provided herein, all
ongoing operating costs for the operation of the lab shall be
included in the annual budget required by Section 4 above
and funding for such operating costs shall be drawn from the
annual contributions of the Parties required hereunder. All
operating costs shall be held in an appropriate account at
the discretion of the County of Jefferson in accordance with
6
Section 6.c. below. For purposes of this section, Operating
Costs shall include all accreditation costs and consumables
as set forth below :
A. Consumables properly included as Operating Costs
shall include: costs for repair and maintenance of
capital equipment, purchase of office and laboratory
supplies supplies, costs for DNA testing, and any
other consumable costs approved by a vote of the
majority of the Board.
B. Consumables not properly included as Operating
Costs shall include: travel expenses for Party
employees, and costs for hiring outside experts,
which costs shall be borne by the employing or
investigating Party, respectively.
c. Account Administration: All financial matters, including but
not limited to accounting and purchasing, relating to Lab Operations
shall be managed by the Jefferson County Sheriffs Office Business
Office. The Business Office will manage all payments and revenue
related to Lab business and will manage all accounts related to the
funding of the Lab in accordance with Jefferson County policies and
procedures.
7. Property: All capital equipment and personal property used in the Lab
shall be and remain the property of the County of Jefferson regardless of the
source of financing. The final disposition of any such property determined to
be surplus to the Lab shall be within the discretion of, and subject to, the
procedures of the County of Jefferson. This section specifically excludes
capital equipment donated to or purchased for the Lab by a Party under
Section 6.b.v. above, which may revert to the donating or purchasing Party if
approved by the Board.
8. Liability: Each Party shall be responsible for the acts and omissions of its
own employees assigned to the Lab and its employees performing services
for the Lab, and shall not be responsible for the acts or omissions of any other
Party's employees. Nothing contained herein shall be deemed a waiver of
any rights, defenses, or immunities provided by the Colorado Governmental
Immunity Act, 24-10-101 et. seq., C.R.S. or otherwise provided by law.
Nothing contained herein shall be construed to make any employee of any
Party an employee of any other Party for liability purposes or for any other
purposes.
9. Insurance. The Parties agree to provide at their own expense, keep in full
force and effect during the term of this Agreement, and during the term of any
extension or amendment of this Agreement, insurance in the amounts
provided in Exhibit B which is attached hereto and incorporated herein by this
7
reference . Each Party agrees to name the other parties as an additional
insured for purposes of insuring operations related to the Lab.
10. Worker's Compensation, Independent Contractors Parties shall, at
their own expense, keep in full force and effect during the term of this
Agreement statutory worker's compensation insurance or adequate self-
insurance funds. Nothing in this Agreement shall be construed to affect the
employment status of any employee or independent contractor of either Party
in any way. Each Party is solely responsible for its own necessary workers'
compensation insurance and shall be responsible for withholding and paying
all federal and state taxes. The Parties and their employees are not entitled to
unemployment insurance benefits from the other Parties.
11. Term: This Agreement becomes effective on July 1, 2013 and shall
remain in effect for an initial term of six (6) months, unless earlier terminated
by mutual agreement of all Parties. Thereafter, the Agreement shall
automatically renew for successive one (1) year terms from January 1 to
December 31 of each successive year unless terminated in accordance with
section 12, or parties withdraw under the terms of section 12 below.
Notwithstanding anything else contained herein, forensic or other
investigatory operations at the Lab shall not commence until the Jefferson
County Sheriff approves occupancy of the Lab facility . During the Term of this
Agreement before such date, the activities of the Lab and the Governing
Board shall be limited to proactive planning activities including but not limited
to rulemaking, personnel matters, financial matters, and any other matters
requiring the agreement of the Parties or the Governing Board prior to the
start of operations at the Lab.
12. Termination and Withdrawal:
a . Any Party may withdraw from this Agreement with or without cause
upon no less than six (6) months prior written notice to each of the
members of the Board. Notwithstanding a Party's withdrawal, the
withdrawing Party shall continue to be liable for its share of all costs
incurred hereunder prior to receipt of notice of withdrawal until such
liabilities are paid in full. Upon withdrawal by any Party hereunder, the
remaining Parties shall reapportion the required contributions for
continued operations of the Lab amongst the remaining Parties
according to the formula contained in Section 6 .b.i.a., above .
b. This Agreement shall not be construed to create a multiple year
fiscal obligation for any of the Parties . The payment of Party
obligations hereunder in fiscal years subsequent to the year of
execution are contingent upon the annual appropriation of
funds for this Agreement by a Parties legislative body. If funds
for this Agreement are not appropriated in the year subsequent to
any fiscal year of this Agreement a Party may withdraw from this
Agreement. Such withdrawal shall not impose any penalty against
8
the withdrawing Party in the event of a failure to appropriate sufficient
funds. Upon withdrawal by any Party hereunder, the remaining Parties
shall reapportion the required contributions for continued operations of
the Lab amongst the remaining Parties according to the formula
contained in Section 6 .b.i.a., above .
c. Upon the unanimous agreement of the Parties, this Agreement may
be terminated in full at the end of any Lab operations fiscal year. In
order to effectuate such termination, the Board must give each Party at
least six (6) months' notice of the desire to terminate this Agreement.
Upon termination under this subsection (c), all capital equipment shall
remain the property of Jefferson County except as otherwise approved
by the Board as set forth herein. All Lab funds shall be distributed
amongst the Parties upon termination hereunder on a pro rata basis in
accordance with shares determined by the contribution formula in
Section 6 .b.i.a., above .
d. In the event that any Party defaults on a payment or any other
financial obligation hereunder, the County of Jefferson shall provide
written notice to the defaulting Party, with a copy to all Board
members, of the nature of the default and the defaulting Party shall
have thirty (30) days from the receipt of such notice to cure such
default. If such default is not cured within the 30 days, then the
defaulting Party shall be prohibited from any further use of the Lab and
may be deemed by the Board to have terminated its participation under
this Agreement. Upon a determination by the Board hereunder that a
Party has terminated its participation, the Board shall deliver written
notice of such termination to the defaulting Party which termination
shall be effective immediately upon receipt. By the unanimous decision
of the Board, any defaulting Party may re-join the Lab as a Party at a
later date provided any outstanding default has been cured. Upon
termination of any party hereunder, remaining Parties shall reapportion
the required contributions for continued operations of the Lab amongst
the remaining Parties according to the formula contained in Section
6.b.i.a., above .
e. In the event of termination of this Agreement for any reason, all
evidence located at the Lab shall be returned to the Party which
supplied said evidence.
13.Additional Parties: The Parties understand and agree that additional
towns, municipalities or counties, including without limitation those served by
the Jefferson County Sheriff, (each, an "Additional Entity") may wish to join
this Agreement. The Board must provide unanimous approval of an Additional
Entity as a precondition to any Additional Entity joining this Agreement as a
Party. If the governing body of an Additional Entity approves its participation
as a Party to the Agreement, prior to becoming a Party entitled to use the
Lab, the Additional Entity must first pay a sum as determined by the Board.
9
Thereafter, all cost sharing will be recalculated prospectively to include any
Additional Entity or Entities based the formula provided in Section 6.b.i.a.,
above .
14.Entire Agreement: This Agreement constitutes the entire agreement
between the Parties and supercedes all other prior and contemporaneous
agreements, presentations and understandings of the Parties regarding the
subject matter of the Agreement. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing by all the
Parties.
15. Colorado Law: This Agreement shall be governed solely by the laws of
the State of Colorado . Venue for any litigation shall be in the District Court of
the County of Jefferson, Colorado.
16. Severability: If any term , covenant, or condition of this Agreement is
deemed by a court of competent jurisdiction to be invalid, void or
unenforceable , the remaining provisions of this Agreement shall be binding
upon the Parties .
17.Binding Agreement; Survival of Terms:
a . Notwithstanding withdrawal of any Party's participation hereunder
under Section 12 a. above, mutual termination under Section 12 . c.
above, or termination for default under Section 9 .. d. above, the
withdrawing or terminated Party shall continue to be liable to the
County of Jefferson for its share of the costs of the Lab as provided in
Section 6, and for any outstanding, unpaid liability for equipment
purchased for the Lab under Section 6, or any other liabilities incurred
prior to receipt of notice of withdrawal of that Party's participation or
termination for default. These liabilities shall survive termination or
expiration of the Agreement in whole or in part and shall remain a
binding obligation of each Party until paid in full. In addition to the
foregoing, the obligation of each Party under Sections 9 and 10
(Indemnification and Insurance) shall survive termination or expiration
of this Agreement, or that Party's participation hereunder. All other
costs owed by that Party under this Agreement shall be immediately
due and payable within thirty (30) days of the last day of that Party 's
participation in this Agreement.
b. Except as set forth in Section 7 . no Party, other than the County of
Jefferson, shall have any ownership in the Lab facility or its equipment.
c. Without limiting the provisions of Section 15, the Parties understand
and agree that this document constitutes a legally enforceable contract
and that in the event any Party defaults on its financial obligations
hereunder, any one or all of the Parties not in default may enforce the
terms of this Agreement.
10
18. Authority: By executing this Agreement, each Party warrants that the
representative signing below has been duly authorized by all appropriate
actions of that Party's governing body to enter into and execute this
Agreement, and that this Agreement represents a legal, valid and binding
obligation of each Party, enforceable upon it in accordance with its terms and
by application of equitable principles if equitable remedies are sought, except
as enforceability may be limited by applicable bankruptcy or similar laws .
19. Execution by Counterparts. 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. Electronic or facsimile delivery
of a fully executed copy of the signature pages below shall constitute an
effective and binding execution of this Agreement.
[Signatures appear on the following pages.]
11
CITY OF WHEAT RIDGE
STATE OF COLORADO
Name:
Title:
ATTEST:
Name:
Title: City Clerk
13
CITY OF ARVADA
STATE OF COLORADO
Name:
Title:
ATIEST:
Name:
Title: City Clerk
14
CITY OF GOLDEN
STATE OF COLORADO
Name:
Title:
ATTEST:
Name:
Tide: City Clerk
15
Commissioner Tighe moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC13-188
RE: Sheriff-Intergovernmental Agreement-Jefferson County Sheriff's
Office, Lakewood Police Department, Arvada Police Department, Golden
Police Department and Wheat Ridge Police Department to Regionalize
Forensic Crime Laboratory Services
Resolved that the Board of County Commissioners hereby approves an
intergovernmental agreement between the Jefferson County Sheriff's Office,
Lakewood Police Department, Arvada Police Department, Golden Police
Department, and Wheat Ridge Police Department to regionalize forensic crime
laboratory services for Jefferson County law enforcement agencies.
Commissioner Griffin seconded the adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Casey Tighe
Commissioner Faye Griffin
Commissioner Donald Rosier, Chairman
Aye
Aye
Excused
The Resolution was adopted by majority vote of the Board of County
Commissioners of the County of Jefferson, State of Colorado.
Dated: May 14, 2013
Jefferson County Combined Crime Laboratory
January 28 , 2013
Page2
• 2016: Staffing evaluation and recommendations to be completed the Board of
Directors by June , 2015.
Funding Formula and Member Agency Assessment
A study was conducted by the committee to detennine the most reasonable way to conduct
member agency assessments. The use of a crime lab would likely be proportional to the number
of crimes in each agency jurisdiction. The criteria used to determine member agency
assessments consist of: I) the number of sworn officers , and 2) the FBI-defined Part 1 Crimes
reported by each member agency for a five-year period of time. It was decided to use a five-year
average format in order for the budgeting for each agency to remain consistent, rather than
generating a new assessment percentage each year. The assessment for our department has been
detennined to be:
• 2014: $31 ,812.42 {A prorated portion depending upon when the crime lab
becomes operational)
• 2015: $31 ,812.42
• 2016: $35 ,246 .00
Major Equipment Costs
There are two major equipment costs involved in this project. The first is the equipment
necessary to process DNA evidence. The cost of the DNA equipment is anticipated to be
between $850 ,000 and $1 ,000 ,000. The second cost is the purchase of the Gas chromatography-
mass spectrometry (GC-MS) equipment. It is anticipated this will be approximately $150 ,000 .
The committee has set the following priority funding sources to pay for this equipment. The
funding sources are:
• Construction project budget
• Federal seizure dollars from the West Metro Drug Task Force
• Grants to include state and local Justice Assistance Grants
• Member agencies
The committee continues to work towards securing the major equipment costs .
DNA Analysis and Firearms Examination Turnaround Times
A study was conducted to evaluate the DNA analysis and firearms examination turnaround times
by the Colorado Bureau oflnvestigation. Data was collected from the Jefferson County Sheriffs
Department, Lakewood Police Department, Golden Police Department and the Wheat Ridge
Police Department. Specifically regarding our department, the turnaround times for DNA
analysis are:
• 2008: Range of 52-724 days
• 2009: Range of 48-335 days
• 2010: Range of394-652 days
• 2011: Range of 52-327 days
Avg.: 309 days I 10 .3 months
Avg.: 166 days I 5.5 months
Avg.: 458 days I 15.3 months
Avg.: 146 days I 4 .9 months
Jefferson County Combined Crime Laboratory
January 28 , 2013
Page 3
The overall averages for the four law enforcement agencies turnaround times for DNA analysis
was 7.2 months, and for firearms examination , was 12 .5 months .
Regarding the DNA analysis , the committee anticipates a turnaround time averaging four months
or less based upon the opinion of the Jefferson County Sheriff's Department DNA analyst.
Regarding fireanns examinations , the turnaround time will not improve until the position is
funded and equipment is acquired . When this happens , the committee anticipates the
responsiveness will greatly improve to acceptable levels.
Board of Directors
A proposal is before the committee regarding the establishment of a Board of Directors upon the
acceptance of an Intergovernmental Agreement by the member agencies. The proposal includes
choosing a board consisting of one voting member from each member agency. An interim board
would be convened to begin with helping iron out the details involved in the construction of the
lab , oversee management of the construction of the new lab , and would also work to complete
the initial start-up plan, which includes picking management personnel , developing personnel
needs (some of this has already been done), timeline for the construction and other details.
These three steps would assist in moving the project along and would help to manage the project
during its various stages and provide input from the member agencies .
Recommendations
There are reasons why it is important for the City to join this effort. There continues to be
discussion at the Colorado Bureau of Investigation (CBI) and the State Legislature regarding the
charging of fees to process evidence submitted to their forensic laboratory due to state budget
funding concerns. Those fees have yet to be determined. CBI currently does complete forensic
crime lab services for many law enforcement agencies throughout the state . Denver has a DNA
laboratory, and communities in Larimer and Weld Counties are currently working towards a
regional forensic crime laboratory.
Citizens are demanding that criminals be held accountable for their crimes and they have high
expectations when it comes to evidence processing. Through the combined laboratory project,
the City will experience quicker turnaround time on the analysis of evidence thus providing the
police department the opportunity to resolve active criminal investigations in a timelier manner.
Reducing the amount of 'down' time waiting for forensic analysis will also be of benefit in the
investigation of pattern crimes . The ability to file criminal charges in a timely manner
strengthens the prosecution of criminal offenders in the criminal justice system , which aids in the
closure of cases for victims of criminal activities.
Staff is seeking policy direction from City Council regarding this effort. It is recommended that
the police department continue its committee membership , with the intent of becoming a member
agency of the Jefferson County Combined Crime Laboratory project.
It is also recommended that an Intergovernmental Agreement be brought to City Council for
review and approval.
Council Action Form
July 22 , 20 13
Page2
contract allowed two five-year extensions. The proposed second contract amendment will
exercise the last extension of the lease .
RECO MMEN DATI ONS :
Staff recommends that the second extension of the New Cingular Wireless tower lease
agreement be approved by City Council.
R EC OMMENDED MO T IO N:
"I move to approve the Second Amendment to the Site Lease Agreement with New Cingular
Wireless PCS , LLC , for a five-year extension."
Or,
"I move to deny approval of the Second Amendment to the Site Lease Agreement with New
Cingular Wireless PCS , LLC , for a five-year extension for the following reason(s)
RE PORT PREPA RE D/REVIEWED BY :
Tim Paranto , Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS :
I. Amendment to the Tower Lease Agreement
2. Memorandum of Lease
"
Cell Site No.: COU1219
Cell Site Name: 26TH & WADSWORTH
Fixed Asset No.: 10093893
Market: CO I UTI WY I MT IS. JD
Address: 7500 West 29th Avenue
SECOND AMENDMENT TO SITE LEASE AGREEMENT
THIS SECOND AMENDMENT TO SITE LEASE AGREEMENT ("Second
Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is by
and between the City of Wheat Ridge, a Colorado municipal corporation, having a mailing
address of 7500 West 29th Avenue, Wheat Ridge, CO 80033 (hereinafter referred to as
"Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company,
having a mailing address of 575 Morosgo Drive, Suite 13F, West Tower, Atlanta, GA 30327
(hereinafter referred to as "Tenant").
WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its respective
predecessor-in-interest) entered into a Site Lease Agreement dated March 15, 1994, as amended
by that certain First Amendment to Site Lease Agreement dated November 20, 2009 (hereinafter,
collectively, the "Lease"), whereby Landlord leased to Tenant certain Premises, therein
described, that are a portion of the Property located at 7500 West 29th Avenue, Wheat Ridge,
CO; and
WHEREAS, the term of the Lease wiJl expire on March 31, 2014, and the parties
mutually desire to renew the Lease, memorialize such renewal period and modify the Lease in
certain other respects, all on the terms and conditions contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Lease to extend the term of the
Lease; and
WHEREAS, Landlord and Tenant desire to amend the Lease to adjust the Rent (as
defined below) in conjunction with the modifications to the Lease contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice
paragraph thereof; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as
set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree that the recitals set forth above are incorporated herein as if set forth in their
entirety and further agree as follows:
1. Extension of Term. The term of the Lease shall be extended to provide that the Lease
has a new term of five (5) years ("New Term") commencing on April 1, 2014 ("New Term
Commencement Date"). As of the New Term Commencement Date, the existing Term and any
extensions thereof, as applicable, shall be void and of no further force or consequence.
Category 2 Amendment Fonn
Attachment 1
Cell Site No.: COUI219
Cell Site Name: 26TH & WADSWORTH
Fixed Asset No.: 10093893
Market: CO I UTI WY I MT IS. ID
Address: 7500 West 29th Avenue
2. Rent. Commencing on April 1, 2014, the current rent payable under the Lease shall be
Twenty-Five Thousand and Noll 00 Dollars ($25,000.00) per year (the "Rent"). The Rent shall
be payable annually in advance on April 1st of each year and shall continue during the New
Term , subject to adjustment as provided herein. The Lease shall be amended to provide that Rent
shall be adjusted as follows: in year two (2) of the New Term and each year thereafter, the
annual Rent will increase by four percent (4%) over the Rent paid during the previous year.
3. Charges. All charges payable under the Lease such as utilities and taxes shall be
billed by Landlord within one (1) year from the end of the calendar year in which the charges
were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be
payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable
without a requirement that it be billed by Landlord. The provisions of this subsection shall
survive the termination or expiration of the Lease.
4. Acknowledgement. Landlord and Tenant acknowledge that: 1) this Second
Amendment is entered into of each of the parties' free will and volition; 2) Landlord and Tenant
have read and understand this Second Amendment and the underlying Lease and, prior to
execution of this Second Amendment , were free to consult with counsel of its choosing
regarding its decision to enter into this Second Amendment and to have counsel review the terms
and conditions of this Second Amendment; 3) Landlord and Tenant have been advised and
informed that should it not enter into this Second Amendment , the underlying Lease between
Landlord and Tenant, including any termination or non-renewal provision therein, would remain
in full force and effect.
5. Notices. Section 13 ofthe Lease is hereby deleted in its entirety and replaced with the
following:
"NOTICES. All notices , requests, demands and communications hereunder will be
given by flrst class certified or registered mail, return receipt requested, or by a nationally
recognized overnight courier, postage prepaid , to be effective when properly sent and received,
refused or returned undelivered. Notices will be addressed to the parties as follows:
If to Tenant:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site# COU1219
Cell Site Name 26TH & WADSWORTH (CO); Fixed Asset No.: 10093893
575 Morosgo Drive
Suite 13F, West Tower
Atlanta, GA 30327
With a required copy of the notice sent to the address above to AT&T Legal at:
If sent via U.S. Postal Service or Overnight Courier:
2
Category 2 Amendment Form
Cell Site No.: COUI219
Cell Site Name: 26TH & WADSWORTH
Fixed Asset No.: 10093893
Market: CO I VT I WY I MT IS. lD
Address: 7500 West 29th Avenue
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Department
Re: Cell Site# COU1219
Cell Site Name 26TH & WADSWORTH (CO); Fixed Asset No: 10093893
208 S. Akard Street
Dallas, Texas , 75202-4206
A copy sent to the Legal Department is an administrative step which alone does not constitute
legal notice.
And as to Landlord:
City of Wheat Ridge
Attn: Director of Public Works
7500 West 29th Avenue
Wheat Ridge, CO 80033
with a copy to:
City of Wheat Ridge
Attn: City Attorney
7500 West 29th Avenue
Wheat Ridge, CO 80033
Either party hereto may change the place for the giving of notice to it by thirty (30) days
prior written notice to the other as provided herein."
6. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior
written notice from the other, execute, acknowledge and deliver to the other a recordable
Memorandum of Lease substantially in the form of the Attachment 1. Either party may record
this memorandum at any time, in its absolute discretion.
7. Other Terms and Conditions Remain. In the event of any inconsistencies between
the Lease and this Second Amendment, the terms of this Second Amendment shall control.
Except as expressly set forth in this Second Amendment, the Lease otherwise is unmodified and
remains in full force and effect. Each reference in the Lease to itself shall be deemed also to
refer to this Second Amendment.
8. Capitalized Terms. All capitalized terms used but not defined herein shall have the
same meanings as defined in the Lease.
[NO MORE TEXT ON THIS PAGE -SIGNATURES TO FOLLOW ON NEXT PAGE]
3
Caregory 2 Amendmenl form
Cell Site No.: COUI219
Cell Site Name: 26TH & WADSWORTH
Fixed Asset No.: 10093893
Market: CO I UTI WY I MT I S. lD
Address: 7500 West 29th Avenue
LANDLORD ACKNOWLEDGEMENT
STATE OF __________ __
COUNTY OF ________ __
)
)
)
ss.
I certify that I know or have satisfactory evidence that Jerry DiTullio is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on
oath stated that said person was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Wheat Ridge, a Colorado municipal corporation , to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
Category 2 Ame ndm ent Fo nn
(Signature ofNotary)
(Legibly Print or Stamp Name ofNotary)
Notary Public in and for the State of
My appointment expires: --------
5
Cell Site No.: COU1219
Cell Site Name: 26TH & WADSWORTH
Fixed Asset No.: 10093893
Market: CO I UT I WY I MT I S. ID
Address: 7500 West 29th Avenue
Category 2 Amen dmen t Form
Attachment 1
Memorandum of Lease
7
Cell Site No.: COUI219
Cell Site Name: 26TH & WADSWORTH
Fixed Asset No.: 10093893
Market: CO I UT I WY I MT I S. ID
Address: 7500 West 29th Avenue
Ca tegory 2 Amendment Form
Exhibit A
Copy of Lease
8
Prepared by. and after recording
Return to:
Md7, LLC
10590 W. Ocean Air Drive, Suite 300
San Diego, CA 92130
Grantor:
Grantee:
Legal Description :
Tax Serial No .:
Cell Site Name & #:
State :
City of Wheat Ridge
New Cingular Wireless PCS, LLC, a Delaware limited liability company
Official legal description attached as Exhibit I
3 9-264-15-00 I
26TH&
WADSWORTH /
COUI219
co
Fixed Asset#: 10093893
County: Jefferson
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this __ day of 201~ by and
between the City of Wheat Ridge, a Colorado municipal corporation, having a mailing address at 7500
West 29th Avenue, Wheat Ridge , CO 80033 (hereinafter referred to as "Landlord") and New Cingular
Wireless PCS, LLC , a Delaware limited liability company, having a mailing address of 575 Morosgo
Drive, Suite l3F, West Tower, Atlanta, GA 30327 (hereinafter referred to as "Tenant").
I. Landlord and Tenant entered into a certain Site Lease Agreement dated March 15, 1994,
as amended by that certain First Amendment to Site Lease Agreement dated November
20 , 2009, and as further amended by that certain Second Amendment to Site Lease
Agreement dated __ , 20 1_ (hereinafter,
collectively, the "Lease") for the purpose of installing, operating and maintaining a
communications facility and other improvements at Landlord's real property located in
the City of Wheat Ridge, County of Jefferson, commonly known as 7500 West 29th
Avenue. All of the foregoing are set forth in the Lease.
-I -
Attachment 2
2 . The Lease initially commenced on July 15, 1994, and the parties agree to further extend
the Lease for a new term of five (5) years ("New Term") commencing on April I , 2014.
3 . The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1
annexed hereto .
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed
or construed as amending or modifying, any of the terms , conditions or provisions of the
Lease, all of which are hereby ratified and affirmed . In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Lease, the
provisions of the Lease shall control. The Lease shall be binding upon and inure to the
benefit of the parties and their respective heirs , successors, and assigns, subject to the
provisions of the Lease.
[NO MORE TEXT ON THIS PAG E -SIGNATURES TO FOLLOW ON NEXT PAGE]
-2-
LANDLORD ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF --------
)
)ss.
)
The foregoing instrument was acknowledged before me this __ day of 20 I_, by
Jerry DiTullio, the Mayor of the City ofWbeat Ridge, a Colorado municipal corporation .
Notary Seal
(Signature of Notary)
'------------------' My Commission Expires:-----------
. 4.
EXHIDIT 1
DESCRIPTION OF PREMISES
Page 1 of I
to the Memorandum of Lease dated _, 20 1_, by and between the City of Wheat
Ridge , a Colorado municipal corporation , as Landlord, and New Cingular Wireless PCS , LLC, a
Delaware limited liability company, as Tenant.
Street Address : 7500 West 29th Avenue, Wheat Ridge . CO 80033
Tax Seria l No.: 39-264 -15-00 I
That certain Premises (and access and utility easements) on a portion of the real property described as
follows :
Panlell
Lot 1, Block 3, Barth's subdivision exccptioa the DOI1b half oftbe cut half of said lot IOd tbe ¥tat 6 feci ol
said lot dae&om .
ParcclD
N/2 El2 oll.oa I, Block 3, Barth's subdivisions
Coullty of Jefl'criOII
State of Colorado
-6-
Council Action Fonn -Park Signs
Jul y 22, 201 3
Pag e 2
FINANCIAL IMPACT:
The funds for the signs are appropriated in Open Space Fund 32 , in the amount of
$11 0 ,000. Due to the quantity of the 2013 order, the cost per sign was less than in
previOus years.
BACKGROUND:
The current park sign designs have been in existence for more than 30 years and are in need of
updating. The new park signs compliment the gateway sign installed at the 1-70 and Kipling
interchange, providing a consistent look to identify the City. The design incorporates vandal-
proof and maintenance-free materials .
Locations included in this contract are Apel-Bacher, Boyd 's Crossing, Creekside, Founders ,
Fruitdale, Happiness Gardens, 44 111 and Kendall (2), Louise Turner, Stites, Town Center, Kipling
Trail Head , Miller Trail Head , Youngfield Trail Head , Moore, Otis , Harlan and Holman
entrances to the Greenbelt.
The signs vary as to size and whether they are one or two sided , depending on the park location
and the installation site in the park . Open space signs do not always include the screen design
unless sited at a major trailhead.
RECOMMENDATIONS:
Staff recommends payment to Gordon Sign.
RECOMMENDED MOTION:
"I move to approve payment to Gordon Sign , Denver, Colorado in the amount of $1 02 ,945 for
construction and installation of park signs ."
Or,
"I move to deny payment to Gordon Sign in the amount of $102 ,945 construction and installation
of park signs for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Joyce Manwaring, Director Parks and Recreation
Patrick Goff, City Manager
ATTACHMENTS:
I. Gordon Sign Proposal
2 . Sign renderings examples
PD Promotional Assessment
July 22, 2013
Page 2
BACKGROUND:
The City of Wheat Ridge has engaged the services of Fred Rainguet, PhD, and Rainguet and
Associates for a number of years to ensure compliance with best practices in promotional
processes that are in compliance with employment law , City personnel policies and procedures,
as well as standards for law enforcement agency accreditation. By utilizing the services of Dr.
Rainguet, the Police Department provides a fair and validated promotional process for
candidates.
RECOMMENDATION:
Staff recommends approval of the resolution.
RECOMMENDED MOTION:
"I move to approve Resolution No. 28-2013 , a resolution amending the fiscal year 2013 general
fund budget to approve a supplemental budget appropriation in the amount of$5 ,900 to remit to
Rainguet and Associates, LLC for the design and administration of a promotional assessment
process."
Or,
"I move to table indefinitely Resolution No. 28-2013 amending the fiscal year 2013 general
fund budget to approve a supplemental budget appropriation in the amount of $5,900 to remit to
Rainguet and Associates, LLC for the design and administration of a promotional assessment
process for the following reason(s) "
REPORT PREPARED BY:
Jim Lorentz, Di vision Chief
Dan Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 28-2013
2. Invoice from Rainguet and Associates
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 28
Series of 2013
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2013
GENERAL FUND BUDGET TO APPROVE A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $5,900 TO
REMIT TO RAINGUET AND ASSOCIATES, LLC FOR THE
DESIGN AND ADMINISTRATION OF A PROMOTIONAL
ASSESSMENT PROCESS
WHEREAS, the City of Wheat Ridge Police Department has, as a result of the
retirement of two police sergeants, retained the services of Rainguet and Associates,
LLC to design and administer a promotional assessment process to promote two police
officers to the vacant sergeant positions; and
WHEREAS, the Police Department requests the approval of a supplemental
budget appropriation in the amount of $5,900 for this process, which was not included
in the 2013 General Fund Budget; and
WHEREAS, the Wheat Ridge City Charter requires that amendments to the
budget be effected by the City Council adopting a resolution;
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, of
the City of Wheat Ridge, Colorado, as follows:
A. The City Council authorizes an amendment to account number 01-201-
700-750 in the amount of $5,900.
DONE AND RESOLVED this 22nd day of July, 2013.
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
Crime Analysis Software System
Ju ly 22,201 3
Page 2
BACKGROUND:
On June 17 , 2013 , the Police Department Management Team attended a software demonstration
at the Lakewood Police Department. The Wheat Ridge Police Department had been invited to
the demonstration by the City of Arvada Chief of Police Don Wick. Lakewood Police
Department staff also attended. At a subsequent Police Department command staff meeting, the
decision was made to join the partnership between the software company, Numerica, and the
Arvada Police Department. It is expected that Lakewood Police Department will join the
partnership as well.
Exclusively at private expense, Numerica has developed and maintains the Lumen software
system , a sophisticated internet cloud-based analytics computing platform for use by Colorado
law enforcement agencies in the in v estigation and analysis of criminal activity. Lumen collects
law enforcement data from different data sources , and then filters and analyzes the resulting
information in ways that result in a more useful work product than could be achieved by
anal yz ing the data in its separate states. Lumen provides an opportunity to gain insight into the
relationships between contrasting data groups , which may not have been previously apparent.
This process relies on the use of advanced computing technology developed by Numerica.
The Lumen software s ystem has been in dev elopment over the past two years , and remains in the
development phase. It is the intent ofNumerica to de velop a v iabl e law enforcement software
solution to crime analysis which can be sold to a variety of law enforcement agencies .
At this point in time, there is no City expense related to the software, equipment , and/or
maintenance. Th~ City Information Technology staff will only need to provide a read-only
usemame and password to Numerica , in order for them to access the Department's Records
Management System and Computer Aided Dispatch databases.
A sub-committee of the Police Department Technology Committee will be formed to contribute
to this pilot project.
RECOMMENDATIONS:
It is recommended that the City Council approve the collaborative Lumen trial agreement
between the City and the Numerica Corporation.
RECOMMENDED MOTION:
"I move to approve Resolution No . 26-2013 , a resolution approving the collaborative
Lumen trial agreement between the City and the Numerica Corporation .:
Or,
"I move to postpone indefinitely Resolution No . 26-2013 , a resolution approving the
collaborative Lumen trial agreement between the City and the Numerica Corporation for
the following reason(s) "
Crime Analysis Software System
Jul y 22, 201 3
P age 3
REPORT PREPARED/REVIEWED BY:
Joseph Cassa, Division Chief
Daniel Brennan , Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No . 26-2013
2. Staff Report of July 22 , 2013
3. Collaborative Lumen Trial Agreement
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 26
Series of 2013
A RESOLUTION APPROVING A COLLABORATIVE LUMEN TRIAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE,
COLORADO AND THE NUMERICA CORPORATION FPR THE
DEVELOPMENT OF A CRIME ANALYSIS SOFTWARE SYSTEM
WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City
Council ("Council"), is a home rule municipality with statutory and constitutional authority to
enact ordinances and enter into agreements for protection of the public health, safety and
welfare; and
WHEREAS, the Wheat Ridge Police Department desires to play an active role in the
development of a sophisticated crime analysis software system, known as Lumen, being
developed by the Numerica Corporation; and
WHEREAS , the Lumen software system is a sophisticated analytics computing
platform being developed for use by Colorado law enforcement agencies in the investigation
and analysis of criminal activity; and
WHEREAS, the Numerica Corporation has proposed a collaborative trial agreement
concerning Lumen with three area law enforcement agencies, including Wheat Ridge,
Arvada and Lakewood; and
WHEREAS, the Council finds that it is desirable to enter into the proposed
agreement to permit the Wheat Ridge Police Department to participate in the development
of a new tool in the investigation and analysis of criminal activity.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The attached Collaborative Lumen Trial Agreement between the City and
the Numerica Corporation is hereby approved. The Mayor and City Clerk are authorized to
execute the same.
Section 2. This Resolution shall be effective immediately.
DONE AND RESOLVED this 22"d day of July, 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Crime Analysis Software Pilot Project with Numerica Corporation
July 22 , 2013
Page 2
FINANCIAL IMPACT:
At this point in time, there is no City expense regarding the software, equipment, and/or
maintenance of both. The City Infonnation Teclmology staff will only need to provide a read
only usemame and password to Numerica in order for them to access the department's Records
Management System and Computer Aided Dispatch databases .
RECOMMENDATION:
lt is recommended that the City Council approve the trial agreement. This agreement provides
an opportunity for the Police Department to be proactive in the development of sophisticated
crime analysis software, and utilize this software to more effectively respond to the public safety
needs in the community. In addition , the Department will be able to detennine if this product
meets the crime analysis and investigative needs of the organization.
C.-<.. f.? r ("l 1.' A I I( • .' N
nurnerica
NUMERICA CORPORATION
COLLABORATIVE LUMEN TRIAL AGREEMENT
This Numerica Corporation Collaborative Lumen Trial Agreement (the "Agreement .. ) is entered into this 22nd day of July, 2013
(the "Effective Date''), between umerica Corporation ("Numerica"), a Colorado corporation , and the City of Wheat Ridge,
Colorado (the "City'') (each a "Party," and collectively, the "Parties").
I . BACKGROUND. Exc lu sively at private expense, Numerica has developed and maintains the Lumen software system
("Lumen"), a sophisticated internet cloud-based analytics computing platform for use by Colorado law enforcement
agencies in the investigation and analysis of criminal activity. Lumen collects Law Enforcement Data (as defined in
this Agreement) from disparate data streams, and then filters and analyzes the resulting information in ways that result
in a more useful work product than could be achieved by analyzi ng the data in its separate states. Using Lumen ,
Numerica mines , filters , combines, integrates , or otherwise manipulates Law Enforcement Data in an effort to gain
insights into the relationships between these disparate data groups whi ch may not have been previously apparent. This
process relies on the use of advanced computing technology utilizing (among other things) innovative algorithms ,
compressed sensing, and predictive modeling systems.
2. PURPOSE. Numerica wishes to access the City 's Law Enforcement Data in order to provide the City access to Lumen
on a no-cost , trial basis. Numerica will use such data to -exclusively at private expense -continue testing and
refinement of Lumen and to evaluate the marketability of the platfonn. In anticipation of a potential subscription to
Lumen in the future, d1e City wishes to collaborate with Numerica by granting Numerica access to the City 's Law
Enforcement Data and to utilize Lumen on a tria l basis so that the City may provide feedback regarding platform
functionality . In accordance with this Purpose, this Agreement governs the Parties ' rights and obligation s concerning
Numerica·s provision of -and the City 's access to and use of -Law Enforcement Data through Lumen.
3 . DEFINITIONS. For purposes of this Agreement, the following tem1s are defined as follows:
(a) "CJ IS Security Policy'' means the Federal Bureau of Investigation Crimina l Justice In fonnation Services
Security Policy, v.5.0 (CJISD-ITS-DO C-08 140-5.0) dated February 9 , 2011.
(b) "Criminal Justice Infom1ation " shall be defined as set forth in the CJIS Security Policy.
(c) "Criminal Justice Records" shall be defined as set forth in C.R.S . § 24-72-302(4), as may be amended from
time to time. All Law Enforcement Data transmitted between the Parties pursuant to this Agreement
constitutes Criminal Justice Records.
(d) ''Law Enforcement Data " means data that is maintained by law enforcement agencies and other local
government agencies in their records management systems, and that is used by such agencies in (among other
activities) the investigation and prosecution of crim in al activity. Law Enforcement Data includes, but is not
necessarily limit ed to , Criminal Justice Information ; Criminal Justice Records ; calls for service information ;
incident data (including original narrative reports; arrest data ; and Personally Id entifiable Infom1ation.
(e) "Lumen " means the collective hardware, software, and applica ti ons maintained or installed by Numerica and
used by the City to access, review , and search Law Enforcement Data provided under this Agreement.
(f) "Outside Law Enforcement Data'' means Law Enforcement Data that is shared with Numerica by third-party
law enforcement agencies for the purpose of uploading, processing, and eventual use on Lumen by the parties
Numerica authorizes to have access to such data.
(g) "Personally Identifiable Information " shall be defined as set forth in the CJIS Security Policy.
4 . TERM. TI1is Agreement shall take effect on the Effective Date and shall terminate on December 31 , 2013 or upon the
termination of this Agreement pursuant to Paragraph 17 . Notwithstanding the foregoing, the expiration of the Term
will not supersede the rights and obligations of the Parries under Paragraphs 9-15 ; 19-21 .
5 . THE CITY'S PROVISION OF DATA. At mutually agreed upon times and in mutually agreed upon formats , the
City agrees to provide Numerica , on a continuing basis, with electronic access to Law Enforcement Data in the City 's
custody or control (including access to the City's databases, networks, or other repositories) for the Tem1 of this
Agreement , for the purpose of uploading and processing the City 's Law Enforcement Data on Lumen . The City agrees
Page 1 of 6
Attachment 3
(
nurnerica
that Numerica employees, as authorized by the City, may work from a location within the City's facilities and may
connect to the City's computer network as required to access the City's Law Enforcement Data. All Law Enforcement
Data, regardless of where it is located or accessed by umerica, must be stored securely (in keeping with the highly
sensitive nature of the data) pursuant to Paragraph 9.
6 . NUME RI CA'S SE R V I CES . umerica shall provide the City with access to Law Enforcement Data and use of
Lumen for the Term ofthi Agreement.
(a) Numerica hall detennine the nature and extent of the City's access to Lumen (including, but not limited to ,
which City employees shall have access to Lumen) and the particular features thereof that umerica will
make available to the City. Lumen data and feature may include, and are not necessarily limited to: Law
Enforcement Data, refined by the analytic system of Lumen ; CAD data; Offender Databases; and open
source intelligence feeds (publically-available feed from a variety of open source , pos ibly including
weather, economic, demographic, and social media).
(b) Execution of this Agreement does not in any way ensure or create any right to or expectation of future work
or collaboration between the Parties.
7 . N O-C O ST AG R EEMENT. Monetary compensation for or by either Party is neither contemplated nor demanded .
Accordingly, no monetary compensation shall be paid by either Party to the other for any services or Law Enforcement
Data provided under this Agreement. However, the Parties agree that it has entered into this Agreement for other
valuable consideration, the receipt and s ufficiency of which is hereby acknowledged .
8 . I NSTA L LAT ION. At a time mutually agreeable to the Parties, umerica per onnel shall install and configure all
Lumen software necessary to provide the City with access to and use of Lumen purs uant to this Agreement.
9 . PRO TECT ION OF DATA. The Parties expressly recognize that certain La w Enforcement Data provided by the
Parties pur uant to thi s Agreement is confidential and sensitive. The Parties also agree that security of the Law
Enforcement Data is a paramount concern of the Parties and is necessary in order to comply with applicable law and to
protect the public's welfare and safety. Accordingly, the Parties shall maintain administrative, physical, and technical
safeguards for protection of the security, confidentiality and integrity of the City 's Law Enforcement Data linked to
Lumen , as specified below.
(a) umerica agrees to adhere to the CJ IS Security Policy -as it may apply to umerica as a non-law
enforcement entity -in connection with umerica 's access to , storage, use, and sharing of Law Enforcement
Data under this Agreement. Numerica agrees to treat all Law Enforcement Data as Criminal Justice
Information under the CJIS Security Policy for purpose of this Agreement, although not all Law
Enforcement Data will necessarily qualify as Criminal Justice lnfonnation .
(b) The Parties mutually agree that they will treat all Criminal Justice Records in strict confonnance with the
provisions of the Colorado Criminal Ju stice Records Act portion of the Colorado Open Records Act
("CORA"), except that umerica is in no way deemed to be a custodian of criminal justice information or
records for purposes of releasing under CORA an y criminal justice record to which Numerica has access
under this Agreement.
(c) otwithstanding any other provision in this Agreement, if there occurs any change of law involving the
tran mission , transcription, and/or u e of Criminal Justice Information , Criminal Justice Records, or
Personally Identifying lnfonnation, that results in a material effect on the legitimate expectations of either
Party at the time such Party entered into this Agreement , both Parties agree to cooperate in making
reasonable revisions to this Agreement to the minimum degree necessary in order to enable this Agreement ,
as revised, to fulfill to the maximum extent the legitimate expectations of both Parties.
(d) umerica shall en ure that third-parties to whom umerica provide acce s to the City's Law Enforcement
Data are bound by the restrictions of this Paragraph by including provisions to that effect in those third-
parties · agreement with umerica for access to and use of the City's La w Enforcement Data through
Lumen.
(e) Unless provided otherwise under any follow-on agreement or extension of or modification to thi Agreement,
which requires acce s to the City's Law Enforcement Data , promptly after the expiration of the Term of this
Page 2 of6
Amending Dog and Cat Licensing Code
Ju ly 22, 2013
Page2
BACKGROUND:
In August of2012, the City entered into an IGA with Arvada , Lakewood , Golden , Edgewater,
Westminster and Jefferson County (the "County"), concerning the funding and operation of the
Foothills Animal Shelter (the "Shelter"). Under the terms of the Agreement, each party agreed
to delegate its authority to issue dog licenses and to collect license fees to be used to fund the
Shelter, to a common licensing authority. That common licensing authority is currently
Jefferson County, although it could become another entity in the future . In the interest of
providing the licensing authority with one licensing procedure to implement, the IGA further
requires that each party adopt dog licensing requirements that are consistent with the County 's
requirements.
The County recently undertook a review and amendment of its Animal Control Regulation
Policy, known as Regulatory Policy 3 .5.1 (Part 3 Regulations , Chapter 5 Animals , Section 1
Animal Control). As a part of that process , the County reviewed the dog licensing ordinances of
the parties to the IGA and made recommendations. This Ordinance reflects the
recommendations of the County, as reviewed by both City staff and the A WCC , to make the
following changes to the City Code :
1) Amend all references from "Jefferson County" to the "Licensing Administrator," defined
as the person or entity delegated the authority to iss ue do g licen s es and collect fee s;
2) Delete the reference to the cat vaccination requirement being triggered by the appearance
of the eat's first permanent teeth , as this method of verification should only be conducted
by a licensed veterinarian ;
3) Amend the age at which dog vaccination and licensing is required from six months to
four months , making this requirement consistent with the current recommendations of
federal , state and county agencies ; and
4) Delete references to "a current U .S .D .A. licensed rabies vaccine", as it is unnecessary;
licensed veterinarians will only use licensed vaccines.
RECOMMENDATIONS:
Staff recommends approving the ordinance as presented , on first reading.
RECOMMENDED MOTION:
"I move to approve Council Bill No . 11-2013 , an ordinance amending Sections 4-1 ,4-8 and 4-31
ofthe Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats , on first
reading, order it published , public hearing set for Monday, August 12 , 2013 at 7:00p.m. in City
Council Chambers, and that it take effect 15 days after final publication.
Or,
Amending Dog and Cat Licensing Code
Ju ly 22, 2013
Page 3
"I move to postpone indefinitely Council Bill No. 11-2013 , an ordinance amending Sections 4-1 ,
4-8 and 4-31 of the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats ,
for the following reason(s) "
REPORT PREPARED BY;
Carmen Beery, City Attorney's Office
Mary McKenna, Police Community Services Team Supervisor
Daniel Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Ordinance Amending the Licensing of Dogs and Cats
2. Staff Report from July 15 , 2013
3. 2012 IGA Concerning the Licensing of Dogs and Cats
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. 11
Ordinance No. ----
Series of 2013
TITLE: AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE
WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF
DOGS AND CATS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401 (1 )(m),
the City, acting through its City Council (the "Council"), is authorized to regulate the
keeping of animals within the City; and
WHEREAS, pursuant to this authority, the Council has adopted regulations
concerning the mandatory licensing of dogs within the City, codified in Chapter 4 of the
Wheat Ridge Code of Laws ("Code"); and
WHEREAS, by an Intergovernmental Agreement dated August 15, 2012, the City
agreed to cooperate with the cities of Arvada, Lakewood, Golden, Edgewater, and
Westminster and with Jefferson County (the "County") to fund and operate a centralized
animal shelter, known as the Foothills Animal Shelter (the "Shelter"), for the use and
benefit of all parties to the agreement (the "Intergovernmental Agreement"); and
WHEREAS, under the terms of the Intergovernmental Agreement, each party
delegated its authority to issue dog licenses and to collect license fees, to be used to
fund the Shelter, to a common licensing authority, currently the County; and
WHEREAS, the Intergovernmental Agreement further requires each party to
adopt dog licensing requirements that are consistent with the County ordinance
concerning the licensing of dogs; and
WHEREAS, the County is in the process of updating and amending its Animal
Control Regulation Policy, known as Regulatory Policy 3.5.1 (Part 3 Regulations,
Chapter 5 Animals, Section 1 Animal Control); and
WHEREAS, the Council finds and determines that certain amendments to the
Code are necessary to render the City's dog licensing program consistent with the new
County regulations concerning the same, as required by the Intergovernmental
Agreement.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Attachment 1
Section 1. Section 4-1 of the Wheat Ridge Code of Laws, establishing defined
terms for purposes of Chapter 4 of the Code, is hereby amended by the addition of the
following new defined term, to be inserted alphabetically into the list of terms, as follows :
Licensing Administrator means the person or entity delegated the authority by the
City from time to time to issue dog licenses and collect fees for such licenses.
Section 2. Paragraph 4-8(c)(4) of the Wheat Ridge Code of Laws, concerning
off-leash dog park rules and regulations, is hereby amended as follows:
(4) All dogs belonging to city residents must display a current Jefferson County dog
license ISSUED BY THE LICENSING ADMINISTRATOR as required by section 4-
31 (c).
Section 3. Paragraph 4-8(c)(10) of the Wheat Ridge Code of Laws,
concerning off-leash dog park rules and regulations, is hereby amended as follows:
(1 0) The following dogs are not permitted within off-leash dog parks:
a . Aggressive dogs, as defined by section 4-1 .
b . Female dogs in heat.
c. Dogs without a current rabies tag affixed to the collar or without a current Jefferson
County dog license ISSUED BY THE LICENSING ADMINISTRATOR, as applicable.
d. Dogs under the age of four ( 4) months.
e. Dogs exhibiting visible signs of illness or known by the owner or handler to be ill.
f. Dogs that do not respond to and obey their owners' or handlers' sight or voice
commands .
Section 4. Section 4-31 of the Wheat Ridge Code of Laws, concerning dog and
cat licenses, is hereby amended as follows:
Sec. 4-31. Dog and cat licenses.
(a) Territorial application. The provisions of this section shall apply to all dogs and
cats, and all owners of all dogs and cats present within the jurisdictional boundaries of
the city regardless of whether the owner or keeper of the dog or cat resides within the
city.
(b) Violations and penalty. Any dog or cat owner who violates any of the provisions of this
section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject
to a fine of not more than one thousand dollars ($1 ,000.00).
2
(c) Required; described. A license is required for all dogs 9f AND cats in this city as
follows: A valid cat license shall be a current Mile-Hi rabies tag and registration
certificate. A valid dog license shall be a dog license issued by the LICENSING
ADMINISTRATOR Jefferson County animal control division or such other agent as may
be designated by Jefferson County from time to time. A cat or dog owner may request
an exemption to this requirement if, for medical reasons, his/her cat or dog cannot be
vaccinated . In this event, a cat or dog owner must submit an affidavit from a licensed
veterinarian stating the reasons why the cat or dog is unable to be vaccinated.
(d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag shall be
worn on a collar or harness by the dog at all times, unless a current and valid tag from
the LICENSING ADMINISTRATOR Jefferson County animal control division, which
requires proof of current rabies vaccination for its issuance, is worn on a collar or
harness by the dog at all times. A current and valid registration certificate , as above-
described, shall be kept in the possession of the owner of any dog or cat within the city,
and such registration certificate or a copy of it shall be produced or producible by the
owner as proof of current registration in the event of loss or the correspondingly
numbered tag.
(e) When to obtain license -Initially. A cat owner shall obtain a license as above-described
for his cat within ten ( 1 0) days after the cat reaches four ( 4) months of age, or within ten
(1 0) days after the eat's first permanent teeth appear, whichever comes first. A dog
owner shall obtain a license as above-described for his dog on or before the date the
dog reaches the age of FOUR ( 4) six (6) months, or within thirty days of acquisition of
said dog, whichever occurs last.
(f) Same-Renewal. The owner of any dog or cat shall have his dog or cat relicensed, as
such licensing is required in subsection (c), above , annually. Such license shall be
considered current for a twelve-month period from the date of issue.
(g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration
certificates are only to be issued by and obtained from veterinarians currently licensed
to practice veterinary medicine in the state after vaccination of the cat with a U.S.D.A.
licensed rabies vaccine.
(h) New residents. New residents of the city may be issued a current Mile-Hi rabies tag
and registration certificate for their cat OR DOG by a veterinarian licensed to practice in
the state , upon proof of having had the cat OR DOG vaccinated for rabies by a licensed
veterinarian with a current U.S.D.A. licensed rabies 'Jaccine.
(i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or
permit to remain affixed , a tag evidencing licensing and vaccination except for the
specific dog or cat for which the tag was assigned at the time the tag was issued.
Section 5. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
3
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained .
Section 6. Severability; Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 7. Effective Date. This Ordinance shall take effect 15 days after final
publication .
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
___ on this _ day of , 2013 , ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for , 2013 , at 7:00 o'clock
p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2013 .
SIGNED by the Mayor on this ____ day of _________ , 2013 .
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl , City Attorney
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date :
4
CITY OF WHEAT RIDGE, COLORADO
RESOLUTI.ON NO .!!
Series of 2012
TITLE: A RESOlUTION' APPROVING AN INTERGOVERNMENTAL
AGREEMENT BElWEEN JEFFERSON COUNTY, THE C'ITY OF
ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT
RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER
AND THE CITY O.F EDGEWATER ANI AL: SHELTER/DOG
LICENSING IFUNDING
WHEREAS, by Resolution 1567-1996, the City of Wheat Ridge (Wheat Ridge)
entered into an Intergovernmental Agreement (IGA) that added Wheat Ridge as a party
to the establishment and operation of the Table Mountain Animal Center (TMAC); and
WHER,EAS, by Resolution 17-2007 , Wheat Ridge entered into an IGA for the
implementation of a Countywide Dog licensing Program; and
WHEREAS , TMAC has since moved to a new location is operating under the
name of Foothills Animal Shelter (the Shelter); and
WHEREAS, Wheat Ridge is currently assessed an annual fee to help cover the
cost of the operations of the Shelter; and
WHEREAS , revenues from the Dog Licensing Program are used to pay the debt
service of the Shelter's new facility; and
WHEREAS, the revenue from the Dog Licensing Program exceeds the annual
debt service requirements : and
WHEREAS , the Parties to the IGA wish to better match the revenue streams to
expenses by allocating the assessments to the annual debt service and allocating the
Dog Ucensing revenue to operations of the Shelter, and also take advantage of the
increased revenue potential of the Dog Licensing Program to cover future operating
costs of the Shelter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Whe t Ridge·, Colorado, as follows:
A. The Intergovernmental Agreemen1 Between Jefferson County , the City of
Arvada , the City of Lakewood, the City of Wheat Ridge , the City of
Golden , the City of Westminster and the City of Edgewater Animal
Shelter/Dog Licensing/Funding attached to this Resolution as Exhibit A
and incorporated herein by reference , is hereby approved . The Mayor
and City Clerk are authorized and directed to execute the same .
B. This Resolution shall be effective upon adoption .
Attachment 3
ATTEST:
THI AG EME T, dated forr ference purposes only this I 5th day of August 2012.
is made and entered into by and between lhe CO 'T OF JEFFE 0 , TATE OF
COLORADO, a body politic and corporate (the·· ounty"); the CJ Y RV ADA, a
municipal corporati n ("Arvada"); the ITY OF L KEWOOD, a municipaJ corporation
("Lakewood''): the CITY OF WHEAT RIDGE a municipal corporation (''Wheat Ridge "); and
the CITY OF GOLD , a municipal corporation (''Golden '): and the JTY OF
WE TMIN TER, a municipal corporation ("Westminster'').
WHEREA , C.R. . ecrion 30·1 5·1 0 I ( 1 ) authorizes the board of county commissioners
of each county to establish an animal holding facility and engage personnel to operate it, provide
for the impoundment of animals. and to establi h tenns and conditions for the release or other
disposition of impounded animals; and
WHERE A , .R. . S ction 30-1 S-1 0 t (2) authorizes counties and municipalities to enter
into an intergo emmental agreement to provide forth control. licensing, impounding, or
disposition of pet animals or to provide for the accomplishment of any other aspect of a. county
or municipal. dog control or pel animal control lie nsing resolution or ordinance: and
WHE .R. . ecrion 31-15-40l(m)(l) authorizes municipalitie to regulate and
control animals ithin the municipality including. but not limited to. licensing, impoundment.
and disposition of impounded animals; and
WHEREA , Part 2 of Article I ofTitle 29, C.RA . permits and encourages governments
to make the mo t efficient and effecti e use of their powers andre ponsibilities by cooperating
and contracting with other governments ; and
WHEREA ~Part 2 of Article I of Title 29. C.R .. authorizes governments to contract
with one another to pro ide any function. ervice. or facility lawfully authorized to each of the
contra.cting units through the establi hment of a eparate legal entity; and
WHEREA , pursuant to C.R. . ection 30-11·1 07(1) the parties are authorized to enter
into agreements for the joint use and occupation of public buildings; and
WHEREAS, some of the parties entered into an lntergovemmenta 'l Agreement forming
the separate legal entity called the Jefferson Animal helter on March 15, 1975 and this
Intergovernmental Agreement~ as amended se eraJ time to modify th terms and add parties to
the agreement: and
WHERE , the Towns of Morri ·on and Mountain Vie" are no longer participa ting in
the operation or funding of the Jefferson Animal hehe r: and
WH REA • the part ies entered into an Intergovernmental Agreement creat ing a ounty-
Wide Dog Licen ing Program ('·Dog Licensing Program··) which pro ided that the revenue
from the Dog Licensing Program would be u ed to construct a ne' animal shelter facilit) due to
the deterioration of the prior facility: and
W H E A , the ount* funded the construction of a new animal heher facility
( .. Facility .. ) by t )i suing Certificates of Participation ( .. COPs .. ) which included the amount of 5.2
million dollars for construction of the Animal helter Facility; 2) contributing 3 million dollars:
and 3) con tributing an additional 1.5 million do ll ars pursuant to the term of an
Intergovernmental Agreement between ome of the parties (the ·'facilit unding IGA'.) which
provided that the participating cities would repay the oun ty(unless the County is repaid by the
Foo thills Animal Foundation)at the end of a fi e year period ending on Januar> I. 2015: and
W H ERE , the panics desire to amend the prior agreement for fonnation of the
helter and the Dog Licensing Program to pro ide for the parties to no longer pay annual
assessments for the operation of the Shelter, to in tead use there enuc from the Dog Licen ing
Program for the op ration of the Shelter and to provide for repayment of the COPs and the 1.5
million dollar contribution; and
WH ER EA . the parties agree that each party and its residen ts should contribute tO\ ard
the funding for the cost of capital construction of the Faci lity and the operation of a central
animal shelter in equal proportion to the estimated number of dogs in their jurisdiction: and
WHER.EA , it continue to be in the best in tere t of all of the abo e-referenced panies
to participate in the. organization. administration. and common use of a central animal sheller
and to amend the prior agreements for continued operation of the central animal shelter and the
Dog Licensing Program and the Facilit Funding IGA as et fonh herein ; and
WH E RE A , the City of Edge\! ater ("Edge ,•va ter .. ) may desire to be ome a party to thi
Agreement after adoption of a dog licensing ordinance in compliance with the tenns of this
Agreement.
OW, T H EREFOR , in consideration of the mutual co enants and agreement ofthe
parties hereinafter contained. the receipt and suffici nc of' hich are hereby confessed, it is
understood and agreed as follows:
HE lTE R. FORMATION AND OPERATIO N
I. G E NE RAL PROVI IONS
A. TAB I H 1E T OF FOOTI-I JLL A IMAL H LT R. The parties
pre iously established a eparate legal entity called the Jefferson Animal helter and then
2
renamed the entity the Table Mountain Animal enter. The parties hereby reaffim1the
e tablishment of the parate legal entity v hich shall be known as the ''Foothill Animal hclter··
(the·· helter'') and which shall b responsible for the administration and operation of the helter
and the Facility .
B. LEA 0 · HEL ER . he he Iter entered into a lea e \ ith the ounty for the
nev Facility located at 580 McJntyre tr et , · olden 0 80401 pursuant to a Lease Agreement
effective on August 9. 20 I 0 (the "Lea e Agreement"'). The he her , for the purpo e of.
organi z ing , administering. and operating the central animal facility on the land so leased. will
improve. maintain , and operate Lh Facility as provided herein and a provided in the Lease
Agreement
A. GE ERAL P WER . The partie hereto agree the heher hall be empowered
with the authority to impro e. construct. maintain . repair. ontrol . regulate. and operate the
Facility withrn Jefferson ounty, Colorado, as a complete animal shelter for the u e and benefit
of the parties to this Agreement and their constjtuents .
B. POWER T HELTER A IMAL A 0 PR VIDE DUCATIO AL
PROGRAM . The principal purpose of the he Iter are (I) to retain in temporary custody and to
provide for the subsequent adoption or di po ition of animal taken into pos ession by lh
respective governing bodie or animals t ndered to the heher by residents of there pecti e
governing bodies. and (2) to provide educational. volunte rand related programs to individuals
and the community to promot re ponsible pet ownership. As u ed herein , th term ·animal ··
shall include, but is not necessarily limited to . dogs, cats, cattle. horses, and all other domestic or
wild animals of any kind or description .
The helter hall ha e the power to contract with other governing bodie wh o are
not partie to this Agr emem to provide the ame temporary custody. adoption or di position
services pro ided for the parties.
D. POWER TOE TABLI H LJNIC FOR A JMAL WE FARE PURPO E .
In addition to pro iding temporary custod)' for said animal s, rhe heher shall have the authority
to establ i h a clinic for th purpo e of spaying and neutering animals. or any other animal
welfare related purposes a deemed appropriate by the go eming Board of Directors (the
·'Shelter Board'').
POWER T MAKE CO TRACT . HlRE . A 0 FIRE. The parties hereto
further agree the helter hall ha e the authority to contract and purchase all necessary supplie •
equipmen~ mat rial . and rvice . including professional services. and further to hire and
discharg employees a deemed neces ary to operate the helter.
POWER T T FEE . The fee to be charged for services shall be established
by the he Iter Board. shall be uniform and rea onable. and shall supersede any fees previously
3
established b) there pccli ego emmental bodies . Fees for service prO\ ided to go eming
bodies ' ho are not partie. to this Agreement and their rc idents hall be et by the helter Board
and shall be et to include the costs for operation and maintenance of the he Iter and capital
cots ofthe Facilit).
G. POW R TO LEA E PROP RTY. The parties hereto agree the helter i
empowered to negotiate and enter into a lease of the Facilit \ hich i uitable for an animal
facilit) and additional propert) if neces ary.
Ill. BOA RD OF DI RECTO RS
A. POWER . All powers. privilege :md duties vested in the heher shall be
exerci ed and perfomled b. and through the helter Board. Only partie t.o thi Agreement shall
be entitled to appoint a Director to serve on the hclter Board.
B. APPOI TME T . Each party hall de ignate and appoint one Director to serve
on the helter board . Each Director shall be in regular attendance and participate in helter
meetings and acti ities. Each Director shall s rve in accordance with lhe tenn and conditions
set forth by the part) that appointed the Director . Each party may also appoint an alternate board
member. The current Directors for the existing animal shelter appointed by the parties shall
continue to er e as Directors on t.he Foothill Animal helter Board afler execution of this
Agreement unless any Director is remo cd by the party who appointed the Director.
C. ELE TJO OF OFFIC R . At the annual meeting of the heher Board. the
helter Board shall elect from its membership a Pre ident. a Vice Pre ident (and President pro
tern). a ecretar)' and a Treasurer. who" ill assume their office at the annual meeting. These
officers shall erve until their ucces ors have been elected. The officers shall be elected by an
affinnari e vote of at least a majority of the he her Board.
D. BYLAW AND POLICIE A D PRO EDURE . The helter Board hall ha e
the PO\ er to promulgate b Ia\ sand policies and procedures which shall establish the
organizational rules and policies and procedures for the management and operation of the
he her.
IV. CAPITAL IMPROVEMENT F D
The he Iter hall establish a capital imprO\ ement fund equal to a minimum of Five
Hundred Thou and Dollars ($500.000) ("'Minimum Threshold-) using the urplu re enues
generated by either the operation of the heher or the Dog Licen ing Program or by funds
transferred from the Foothills Animal Foundation, a olorado non-profit corporation (the
·'Foundation ). The uses to which said fund may be put include. but are not necessarily limited
to, replacement of capital equipment. procurement of ne\ capital equipment, and impro emenl
or expansion of the acilit). lffunds are used from the capitaJ impro ement fund, the capital
impro ement fund shall be returned to the Minimum Threshold as soon as funds become
a\ailable but within no more than a rv.o year period from the date the fund fell belo\\ the
4
B. E FORCEM · T. Each part) shall b responsible for nforcement ofthe
penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to
actively pursue enforcement of aid ordinance .
C. L1 lNG ADM I I 1 RA R DEFINED. The Licensing Administrator is
the entity delegated the aulhorit) by the partie to issu licenses and collect fees for said dog
I icenses on behalf of all parties.
D. DELEGATIO OF AUTHOR! . The parties hereby ha e delegated authority
to the County to be the Licensing Administrator to i sue license and collect fees for said dog
license on behalf of all parties . A new Licen ing Administrator may be appointed by written
approval of the helter Board. lfthe Licensing Administrator appointed is not a party. the
helter Board shall enter into an agreement with the entity chosen to be the Licensing
Administrator to bind the ne\! Licen ing Administralor to the term of this Agreement and any
other terms deemed necessary by the helter Board .
£. DOG Ll EN E . The dog licenses hall all be identified as " ounty Dog
Licenses."
A. DE IG ATION OF FUND . The Licensing Administrator agrees that all
monies paid to the icensing Administrntor for the licen ing of dog within the juri dictions of
all parties. shall be placed into a de ignated fund (the ''Dog Licensing Fund ") except the fund
due to the Licensing Administrator as pro id d in Part 2. Article II. ection B and the funds
withdrawn or retained by the County pursuant to Part 2 . Article II. ection C.
B. Ll E I G ADMIN I TRA TOR. ADMINI TRA TIV CO T . On August
I st of each year this Agreement is in effect. the Licensing Administrator shall provide each part y
with a statement of the Licensing Administrator's admini trative costs directly attributable to the
operation of the Dog icen . ing Program from July I 'through June 30th of each year. and the
projected adminislrati e costs for the upcoming year. The Licensing Administrator shall retain
the amount of the Licensing Administrator' administrative costs from the Dog Licensing
Program revenue on a monthly basis . The Licensing Administrator shall be entitled to payment
for the cost of, at a maximum. two full time employees including salary . benefits and overhead .
The Licensing Administrator employee positions shall be Administrative pccialist I or 11
positions a currently defined by the County or equi alent positions . Any future staffing needs .
beyond those current!) listed abo e. require appro al of the helter Board . The Licensing
Administrator shall also be entitled to the cost of tags . mailers (for new tags and renewals).
postage. printing. maintenance/updates of dog licensing sofiware and mi cellaneous office
s upplies. and any other co ts directly attributable to the operation of the Dog Licensing Program .
C. Dl B R EM NT OF FUND FOR 2012 . The parties ha e each paid an
as es sment to the he her for the 2012 Bud et Year as a contribution to the o perating costs and
capital improvement co sts of the Shelter. The ounty, as the current Licen s ing Administrator
7
hall withdra\\ fund from the Dog icen ing und to pay that portion of the debt ervice on the
OP for 2012 attributable to the portion of tho c proceeds used to fund the construction of the
Facilit . The Count ~. as the current Licen ing Administrator. shall re tain fund in the Dog
Licensing Fund to pay the C unt · e timated adrnini tra t ive cost nnd ex pen . e for acting a the
Licen ing Administrat r through December 31 . 2012 . The remainder of the fund in the Dog
Licensing Fund shall be paid over to the he Iter to be u ed first to meet the requirements for
funding the Capital lmpro ement Fund and Contingency/Emergency Fund and Lhe remainder
hall be allocated as determined by the helter Board .
D. Dl B R EM T OFF D AFTER 2012. x ept for the funds retained b)
the Licensing Administrator each month for it administrati e costs and expenses as provided in
Part 2. Article II, ection B, the funds contained in the Dog Licensinf Fund shall be paid to the
he Iter by the Licensing Administrator on a monthly basi on the 10 1 of the follo\i ing month as
a contribution from the parties toward the operating costs of the he Iter or capital improvement
or maintenance cost of the . helter as appro ed by the heher Board .
RECORD K ~-PI G . The Licensing Administrator shall maintain adequate and correct
accounts of the funds. which accounts shall be open to inspection at any rea onable time by the
partie hereto. their attorneys. or their agents.
IV. R E PORT
A . DEFI ITIO
I. Reporting Period shall mean the period between July I ~>~ to June 30111 of
each ub equent year .
2. Juri.,.diclion -The Jurisdiction of each party who is a city shall mean the
area within its municipal boundaries. For Westmin ter and Arvada Jurisdiction shall include the
area within their municipal boundarie that is within Adams County and Jefferson County. The
Juri diction for the ount shall be the unincorporated area of the ount).
3. EstimtJied Dog Population for a part shall mean :
a. the estimated percentage of Colorado hou ehold harboring one or
more dogs. obtained fTOm the most current data publi hed by the
American Veterinary Medical As ociation (the .. ource .. ); multiplied
b
b. the number of households in a pany's J urisdiction, a reported in the
rn t current. publication by the tate Demographer's Office;
multiplied by
c. the a era_ e number of dogs per household for each household with a
dog. obtained from the mo t current ource using the data for
Colorado.
8
4. Compliance Rate hall mean the rate caJ ulated by dividing
a. the number of licen es i ued for dog residing in a part 's
Jurisdiction during a one year Reporting Period by
b. theE timated Dog Population in each party's Juri diction for the
ame Reporting Period .
B. A AL R PORT. By August I ~~ of each year, the icen ing Administrator shall
prepare and p~ nt to the helter Board an annual report of the number of dogs licensed during the
prior year in each party's Juri diction. thee timated household population of ea h part ,·
Juri diction as reponed in the most current publication b the tale Demographer' Office. the
Compliance Rate for each party' Jurisdiction and the fund collected during the prior year. A
sample of the report fonnat is attached as xhibit A.
C. R PORT R QUESTED BY TH PARTIE . The Licensing Administrator
hall also render to th partie hereto. at reasonable intervals. such reports and accountings a the
parties hereto may from time to time requ L.
COM P LIA CE
A. REVJ W F REVENUE A D OMPLJA E BY J RJ 01 10 . If during
the reporting period ending June 30,2012, there i .les than twen ty per cent (20%) compliance
by the resident in a party's Jurisdic ti on. the resp cti e party shall pay to the Lice n ing
Administrator for placement in the Dog Licensing Fund an amount equal to the difference
between the funds that the Dog Licensing Fund\! ould have received if there was twenty per cenl
(20%) compliance at the pa)ed dog licensing rate and the amount of dog license fees actuall
collecred from the residents of that party 's Jurisdi tion.
The twenty pcrcenl (20%) Compliance Rate et forth abo e hall be defined as the
Minimum Compliance Rat for the reporting period ending June 30, 2012. When the annual
report is distributed at the end of the next reporting period and e ery year thereafter. a new
Minim um Compliance Rate shall be set for the following year if the Minimum ompliance Rate
was exceeded by allrhe panics. If all the parties' Jurisdictions exceed the Minimum Compliance
Rate according to the annual report. the new Minimum ompliance Rate for the following year
shall be the Compliance Rate of the party with the lowest Complianc Rate. If an) party's
Juri diction fail to meet the inimum Compli nee Rate et for a reporting period. the party
shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount
equal to the difference betw en the funds that the Dog Licensing Fund ould have recei ed if
the Minimum ompliance Rate was met at the spayed dog licen ingrate, and the amount of dog
licen e fees actually coli cted from the residents of that party's Jurisdiction.
B. APPROPRIAT IO AND PAYMENT OFF. NO . The parties agree lo pay the
amounts et forth in Pan 2, Article V. ection A, to lhe Licensing Administrator for placement in
the Dog Licensing und by January 31 51 of the year following which th Annual Report
detennined a party failed to meet the Minimum Compliance Rate. pro ided. h wever . that all
pa)men by the partie to the Dog icensing Fund pursuant to this A reement are subject to
9
annual appropriation by the partie hereto in the manner required by tatute . It is the intention of
the parties that no multiple-year fiscal debt or other obligation be created b this Agreement.
PA RT 3. REPAYMENT O F DEBT E R VICE FOR CON T R UCTION OF FACILITY
I. .B AS I FOR DO G PO PU L ATION
A. BA J FOR DOG POPULATION . The basis for the dog popula.tion calculation
shall be ba ed upon the Colorado data from the most current Source. Whenever the dog
population is needed for computa t ions under this Agreement, the figure used shall be the most
recent available at the time such figure is needed unless otherwise specified herein.
B. DEFINITIONS. The definitions for Jurisdiction. Reporting Period and Estimated
Dog Population are set forth in Part 2. Article IV .
II. C O NTRIB UT I ON T O DEBT SE RVI CE FOR C O ST OF CONSTR UCTI NG FACILI TY
A. CONTRIBUTIO S OF THE PARTIE FOR DEBT ERVICE ON COPS . 5.2
million dollars of the proceeds from the OPs issued by the County' ere used to partially pay
the cost for construction of the Facility. The panies agree that each municipal party shall
annually pay an asse sment to the ount to repay that portion of the debt ervice on the OPs
attributable to the portion ofthe proceeds used to fund the construction of the Facility (the
··Facility Debt ervice'') umil the COPs are defeased . The Facility Debt ervice chedule is
attached hereto as Exhibit A but such schedule may be modified if the COP are refinanced a
provided herein . -ach party's annual repayment will be dctcnnined as follows:
I. Calculation for the Annual Assessment
a . Determine the Estimated Dog Population for each party's Jurisdiction
as of June 30th of each year.
c. b . Add the Estimated Dog Population for all the parties together to
detennine the otal Dog Population . Determine what percentage each
party's stimated Dog Population is compared to the Total Dog
Population for all of the parties· Jurisdictions combined ("Dog
Population Percentage").
Each municipal party shall pay the County a portion of the Facility Debt Service equal to
that municipal party ' Dog Population Percentage. ·
B. ANNUAL DEBT ERV ICE STATEMENT AND rNVOICE FOR COP . By
August I 51 of each year, the Count .. shall prepare and present to the he Iter Board and the
governing bodies of the parties a statement and invoice of the Facility Debt Service due from
January I to December 31 for the upcoming year. each party's Dog Population Percentage and
the total dollar amount due from each party for its portion of the Facility Debt ervice.
C. PAYMENT FOR FACILITY FU DrNG IGA. Pur uant to the terms of the
Facility Funding IGA, the Count shall pro ide the parties with a report each year stating tJ1e
10
nonappropriation of funds for payment of an assessment to the County or payment to the
Licensing Admini trator for placement in lhe Dog Licensing Fund, termination of the defaulting
party's participation in the Agreement shall not relieve the defaulting party of the obligation to
make the pa ments to the County as pro ided in Part 3 or the Licensing Administrator for
placement in the Dog Licensing Fund as provided in Part 2. Article V that were due prior to the
defaulting party"s termination. This ection is not inlended to limit the right of any party under
this Agreement to pursue an~ or all other remedies it rna. ha e for breach of this Agreement. A
party who fails to make the paymems required by Part 2 or 3 for any reason other than
nonappropriation of funds shall be obligated to pay all costs of collection of said payment.
including reasonable attorneys· fees . A municipal party who fails to make the payments for any
reason other than nonappropriation of funds shall be obligated to pa interest at a default rate of
I 0% plus all costs of collection of said payment. including reasonable attorneys' fees.
B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make
the payments to the County\ hen due other than for non appropriation as et forth in Part 3
Section 0 that municipal party shall be in default. In the event of a payment default or non
appropriation by any of the municipal parties. the remaining municipal parties and County shall
be responsible for the debt service amount owed by the defaulling or non appropriating
municipal party or parties in the same ratio calculation set forth in Pan 3 except the ratio shall be
calculated without the defaulting party or parties inclusion in the ratio.
C. PAYMENT DEFA LT/$1.5 MILLION. In the event Ar ada, Lakewood, Wheat
Ridge. Golden or Westminster fails to make the payments to the County when due other than for
non-appropriation a set forth in Part 3 Section C the municipal party who fails to make a timely
payment shall be in default. In the event of a payment default or non appropriation by Arvada,
Lakewood. Wheat Ridge, Golden or Westminster. the remaining municipal parties shall be
responsible for the debt service amount owed by the defaulting or non appropriating municipal
parties as provided in the Facility Funding IGA.
II. TERM, RENEWAL AND TERMINATION OF AGREEME T
A. TERM A D RENEWAL OF AGRE MENT. This Agreement shall be in full
force and effect for a tenn of SO years from July I. 2012 or until sooner tenninated by two-thirds
of the panic hereto. and the parties entering into this Agreement hall have the option to extend
this Agreement by amending this Agreemenl pursuant to Part 4, Section Ill.
B. CONTINUATION OF HEL TER OPERATION/FEES FOR ON-PARTIE .
All property and animals shall remain in the Shelter under the terms of this new Agreement
Entities not parties to this Agreement who ha e animals at the Sheher that were placed at the
Shelter by the entity or residents living wid1in the boundaries of the entity on effective date of
this Agreement shall pay a fee as set b. the helter Board which may be per animal per day as
long as said animal remains at Lhe Shelter.
C. TERMJ ATION BY WRITIEN OTICE. Thi Agreement. or any party's
participation in this Agreement. may be terminated effective by written notice from the party or
12
parties to the he Iter at lea t 180 days prior to January I st of an gi en year. An party
terminating its participation pursuant to this provision shall not be entitled to any reimbursement
for aid partie ' contributions to the County, the helter or the Licensing Administrator for
capital costs. assessments or any operating costs previously paid by aid party or any dog
licensing fees pre iously paid by its re idents. uch party shall be entitled to be re-admitted to
the membership of the helter if approved by the helter Board and ifthe tenninnted party has
paid all dollar amounts the terminated party is in arrear under the terms of this Agreement.
D. TERMI ATlON WlTHOUT R£Q JRED NOTICE. In the event that an part
hereto elects to terminate its participation in this Agreement prior to the end of an period of this
Agreement and not in accordance with subsection C of this section, such party shall be
considered in default ofthi Agreement and according!)' shall forfeit its entire contribution to the
helter. Upon default the defaulting party shall forfeit all pri ileges and property that such party
obtained as a result of its membership in this heher. Should a defaulting party, at orne later
date, seek readmission to the membership of the helter, such party shall be required to meet the
requirements and contributions of any new party seeking membership pursuant to the terms of
this Agreement.
E. POWER OF HELTER UPO TERMJ A 10 BY TWO-THIRD . Upon
termination by mutual agreement of two-thirds of the parties to this Agreement. the power
granted to the Shelter under this Agreement shall continue 10 the extent necessary to make an
effecti e disposition of the property, equipment and animals under this Agreement. lfthe
Agreement is terminated the helter and the County shall cause the Lease Agreement with the
County to be terminated.
F. TATUS OF LEA ED PREMJ E UPO TERMI ATIO BY TWO-THIRD I
PAYMENT OF HEL TER LIABJLJTIES. Upon lemlination of this Agreement by mutual
agreement of two-thirds of the parties hereto, the Lea e Agreement shall terminate in accordance
with its terms and improvements thereon located in Jefferson County, shall re ert to Jefferson
County for its use and ownership. Any cost for liabilities incurred by the helter during the
tennination of this Agreement and as an expense of termination shall be borne by each party to
the Agreement in the same proportion as it is required to contribute to the assessments in Pan 3
ection II. whether such assessments have terminated or not ex.cep~ if the debt service on the
COPs is not fully paid. the County shall not pay any part of the remaining helter liability and
the proportion of each municipal party shall be adjusted to pay the full amount ofthe Shelter
liability without the County participat.ion.
G. TERMI ATION FOR REA ON OTHER THA 0 APPROPRIATION .
Termination of the Agreement for any reason other than nonappropriation of fund shall not
relie e the terminating party of the obligation to make the payments to the Licensing
Administrator as provided in Part 2 or pay the party 's assessment to the County as provided in
Part 3.
H. OJ BUR EM -NTOFFUNDVPO TERMINATIO . lfthisAgreementis
terminated. the Licensing Administrator shall first pay the County any monies it holds from the
13
dog licensing re enue. except its osts of admini tration prior to termination of the AgreemenL
to pay the County for the cost of any remaining debt ervice on the OP i ued to pay for the
cost of constructing the Facility. The Shelter hall pay any funds it hold beyond it ex.pen es
incurred prior to the termination of thi Agreement to the ount to o er any remaining co t of
the debt crvice on th OP s. This provi ion and the provisions of Pan 2. Article II. ection B:
Pan 2. Article V; Pan 3. Article II: Pan 4. Ani lc I. 'ection A. Band and Ani le II.. shall
survhe termination ofthi Agreement.
This Agreement may be amended at any time in ' riting by agreement of all the partie to
this Agreement except that the Agreement may also be amended as et for the in Pan 4. Section
X.
IV. EVERABILIT\' CLAU E
If an) pro ision ofthis Agreement or the application thereofto an) part) or
circumstance are held iO\ a lid. uch in alidity hall not affect other pro ision or applications of
the Agreement which can be gi en effect without th in alid pro is ion or application. and to this
end. the pro i ions of the Agreement are declared to be se erable.
V. COUNTERPARTS
Thi Agreement rna be igned in counterpart • and each counterpart hall be deemed an
original. and all the counterparts taken as a" hole hall onstitute one and the a me instrument
The Agreement shall not be effective until ex cut d b) all parties.
Except as otherwi e 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 per ons or entities not named as parties. limit in an way go emmental
immunity and other limited liabilit statutes for the protection of the panics. nor limit the powers
and re pon ibilitie of any other emit. not a party hereto. othing contained herein hall be
deemed to create a partner hip or joint enturc bet\l.cen the parties\\ ith re peel to the subject
maner hereof.
Thi Agreement super edes and replace all prior agreements dealing with fonnation of
the helter including but not limited to the Intergovernmental Agreement dated for reference
purposes only January I. 1998. and the Intergovernmental Agreement for the County Wide
Licensing Program dated for reference purpo e onl_ June 20. 2007 and any amendments to
tho e agreements . The Fa ilit) Funding IGA shall remain in full force and efl'ect except as
amended herein . To the extent Facility unding IGA sa .. s th County i olely re pon ible for
14
ATTEST :
City Clerk
APPROVED A TO FORM :
Office of the City Attome
CITY OF ARVADA ,
TATE OF COLORADO
By~--~~------------
Name & Title: -------------
Date :-------------
I 7
ATTEST:
City Clerk
APPROVED A TO RM:
Office ofthe City Anomey
I YOFGOLDEN
TAT -OF COLORADO
By·~-----~------
Name & Title: -------
Date:---------
19
AITE T : CITY OF WH AT RIDG ::
T A OF COLORA DO
~it~L .. Clerk
A~~~
Office of the City Attorney
20
AITE T:
Cily Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CITY OF WE TMIN T ER
TATE OF O LORADO
By __________ _
Name & Title : ______ _
Date:---------
21
Council Action Fonn
Jul y 22, 201 3
Page 2
FINANCIAL IMPACT:
None. Staff does not recommend an amendment to electrical inspection or pennit fees as a part
of this ordinance. Current fees have proved adequate to cover the City's costs of performing
inspection and pennitting work.
BACKGROUND:
The City adopted and has been enforcing the 2005 edition of the National Electrical Code for
approximately eight years , in which time two newer versions of the code have been promulgated
by the National Fire Protection Association and adopted by the State of Colorado and most of the
neighboring municipalities. The National Electrical Code is not a part of the International Code
family and therefore was not included in the code adoption process that occurred in 2010. The
city currently enforces a version of the code that is outdated and inconsistent with the version
used by contractors and homeowners in neighboring jurisdictions.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No . 10-2013 , an ordinance adopting by reference the 2011
edition of the National Electrical Code, pro v iding penalties for v iolations thereof and amending
portions of Chapter 5 of the Wheat Ridge Code of Laws concerning electrical inspections , on
first reading, order it published , set the public hearing for Monday, August 12 , 2013 at 7 p.m. in
the City Hall Council Chambers, and that it take effect November 1, 2013."
REPORT PREPARED/REVIEWED BY:
John Schumacher, ChiefBuilding Official
Cannen Beery, City Attorney's Office
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 10-2013
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. 10
Ordinance No. -----
Series of 2013
AN ORDINANCE ADOPTING BY REFERENCE THE 2011
EDITION OF THE NATIONAL ELECTRICAL CODE, PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND AMENDING
PORTIONS OF CHAPTER 5 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING ELECTRICAL INSPECTIONS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter
("Charter") and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, the City, acting
through its City Council (the "Council"), possesses the authority to adopt standard codes by
reference; and
WHEREAS, pursuant to this authority, the City previously adopted the 2005 edition of
the National Electrical Code ("NEC"), as promulgated and published by the National Fire
Protection Association, codified as Section 5-77 of the Wheat Ridge Code of Laws ("Code");
and
WHEREAS, the National Fire Protection Association has promulgated and published a
2011 edition of the NEC which contains updated regulations and requirements; and
WHEREAS, the Council recognizes the value of the NEC in providing minimum
standards to safeguard life or limb, health, property, and public welfare by regulating and
controlling the design, construction, quality of materials, use and occupancy, location and
maintenance of buildings, structures, utilities and certain equipment; and
WHEREAS, the Council also previously adopted certain requirements concerning
electrical inspections, which relate to NEC requirements, codified as Division 3 of Article II of
Chapter 5 of the Code, also known as Sections 5-56 through 5-75; and
WHEREAS, City staff has recommended updating said Code provisions concerning
electrical inspections and relocating the same to Code Section 5-77 in order to congregate all
local provisions regarding electrical code requirements and inspections in one Code section;
and
WHEREAS, a public hearing on this Ordinance was conducted and proper notice
thereof given in accordance with C.R.S. § 31-16-203; and
WHEREAS, a certified copy of the 2011 edition of the NEC was filed with the City Clerk
at least fifteen (15) days prior to public hearing on this Ordinance in accordance with C.R.S. §
31-16-206 and Charter Section 5.16 and such code remains open to public inspection and
purchase from the Clerk's office; and
Attachment 1
WHEREAS, the City wishes to adopt by reference the 2011 edition of the NEC, provide
penalties for NEC violations and to update and relocate Code provisions concerning electrical
inspections to Code Section 5-77, all as further set forth herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 5-77 of the Wheat Ridge Code of Laws , concerning the National
Electrical Code, is hereby amended as follows
Sec. 5-77. National Electrical Code; ELECTRICAL INSPECTIONS.
(a) Adopted. The National Electrical Code, ~ 2011 Edition, copyright
by the National Fire Protection Association , Batterymarch Park,
Quincy, Massachusetts, 01269-7471, is hereby adopted by reference
thereto and incorporated into this chapter as though fully set out herein
as the electrical code of the city. Except as otherwise provided in this
chapter, such code is adopted in full , including the index contained
therein. One copy of said National Electrical Code shall be filed in the
office of the city clerk and may be inspected during regular business
hours .
(b) Amendments. Tho National Electrical Code , adopted by this section is
hereby amended as follows (section numbers refer to section numbers
of tho National Electrical Code):
Article 310.2(b} is amended by adding a new sentence to read:
"Aluminum conductors under size 8 are not aiiO',tled ."
Purpose. The purpose of this section is to provide minimum standards
to safeguard life or limb , health, property, and public welfare by
regulating and controlling the design , construction , quality of materials ,
use and occupancy, location and maintenance of all buildings,
structures and utilities and certain equipment specifically regulated
herein .
(d C) Electrical permit fees . Electrical permit fees shall be as follows : All fees
shall be computed BASED on the dollar value of the electrical
installation, including time and material (total cost to tho customer)
ESTIMATED PROJECT VALUATION AT THE TIME OF
APPLICATION . PROJECT VALUATION SHALL INCLUDE THE
VALUE OF ALL WORK, INCLUDING ALL COSTS OF LABOR AND
MATERIALS RELATED TO THE PROJECT. PROJECT VALUATION
SHALL BE CALCULATED BY THE BUILDING DIVISION BASED ON
DATA PUBLISHED ON THE CITY WEBSITE OR OTHER
REASONABLE MEANS, AND THE HIGHER OF THE APPLICANT'S
STATED VALUATION AND THE DIVISION 'S CALCULATED
VALUATION SHALL BE USED TO DETERMINE PERMIT FEES . afld
~ Fees shall be computed based upon Table 1-A OF THE CITY 'S
FEE SCHEDULE , AS ADOPTED FROM TIME TO TIME BY CITY
2
COUNCIL RESOLUTION ("TABLE 1-A"), at time of obtain ing the
permit.
(e D) FEES FOR WORK WITHOUT A PERMIT. Items of work for which a
permit is requ ired under this SECTION chapter which are commenced
before a permit is secured shall be assessed A FEE fees fer permits in
triple the amounts AS SET FORTH IN TABLE 1-A prescribed in the
permit's fee schedule . This FEE penalty shall be in addition to the
PERMIT investigation fee REQUIRED FOR SUCH WORK
PURSUANT TO referenced in Table 1-A , City of Wheat Ridge building
permit foes .
(E) ELECTRICAL INSPECTIONS.
(1) GENERAL. ALL CONSTRUCTION AND WORK FOR WHICH
A PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS
SECTION 5-77 SHALL BE SUBJECT TO INSPECTION BY
THE BUILDING OFFICIAL TO ENSURE COMPLIANCE WITH
SAID CODE AND SUCH CONSTRUCTION OR WORK SHALL
REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION
PURPOSES UNTIL APPROVED . APPROVAL AS A RESULT
OF AN INSPECTION SHALL NOT BE CONSTRUED TO BE
AN APPROVAL OF A VIOLATION OF THE PROVISIONS OF
THE CODE ADOPTED BY THIS SECTION OR OF OTHER
ORDINANCES OF THE CITY. INSPECTIONS PRESUMING
TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF THE CODE ADOPTED BY THIS SECTION
OR OF OTHER ORDINANCES OF THE CITY SHALL NOT BE
VALID. IT SHALL BE THE DUTY OF THE PERMIT
APPLICANT TO CAUSE THE WORK TO REMAIN
ACCESSIBLE AND EXPOSED FOR INSPECTION
PURPOSES . NEITHER THE BUILDING OFFICIAL NOR THE
CITY SHALL BE LIABLE FOR EXPENSE ENTAILED IN THE
REMOVAL OR REPLACEMENT OF ANY MATERIAL
REQUIRED TO ALLOW INSPECTION . APPROVAL OF ONE
PORTION OF WORK UPON INSPECTION SHALL NOT
CONSTITUTE APPROVAL OF ANY OTHER PORTION OF
WORK REQUIRING INSPECTION.
(2) INSPECTION AGENCIES. THE BUILDING OFFICIAL IS
AUTHORIZED TO ACCEPT REPORTS OF INSPECTION
AGENCIES , PROVIDED SUCH AGENCIES SATISFY THE
BUILDING OFFICIAL 'S REQUIREMENTS AS TO
QUALIFICATIONS AND RELIABILITY.
(3) PERMIT POSTED; INSPECTION RECORDS AVAILABLE. NO
CONSTRUCTION OR WORK FOR WHICH A PERMIT IS
REQUIRED BY THE CODE ADOPTED BY THIS SECTION
SHALL BE COMMENCED UNTIL SUCH REQUIRED PERMIT
IS POSTED AT THE WORK SITE. ADDITIONALLY, ALL
INSPECTION RECORDS FOR A WORK SITE SHALL BE
3
MAINTAINED AND MADE AVAILABLE FOR INSPECTION BY
THE CITY ON-SITE AT ALL TIMES THAT WORK IS
OCCURRING AT SUCH SITE.
Section 2. Division 3 of Article II of Chapter 5 of the Wheat Ridge Code of Laws ,
concerning electrical inspections, is hereby repealed and Sections 5-56 through 5-75 of the
Code are hereby designated as "Reserved ."
Section 3. Penalties . Penalties for violating the 2011 Edition of the NEC, as
adopted by reference by this Ordinance, are set forth in Code Sections 1-5 and 5-5, which read,
in their respective entireties, as follows:
Sec. 1-5. General penalty.
Unless otherwise specifically provided , whenever in this Code or any
other ordinance of the city or any section or an order, rule or regulation
promulgated under the provisions of this Code or other ordinance of
the city any act is prohibited , made or declared to be unlawful, an
offense , nuisance or misdemeanor, where no specific penalty is
provided therefor, any person who shall be convicted of the violation of
any such provision of this Code or other ordinance of the city or of
such orders, rules or regulations shall be punished by a fine of not
more than one thousand dollars ($1 ,000.00), or by imprisonment for a
period not exceeding one year , or both such fine and imprisonment;
provided , however, that no person under the age of eighteen ( 18)
years shall be subjected to imprisonment for violation of any provision
of this Code .
Sec. 5-5. Enforcement and remedies.
(a) Civil actions. When an alleged violation of this chapter has not
been voluntarily abated within the time specified in the notice issued
pursuant to section 2-34:
(1) The city may bring a civil action in the municipal court to have
the violation declared as such by the court and to have the
court enjoin the violation or to authorize its restraint, removal,
termination or abatement by the owner, agent , occupant or
person who caused the violation or the person who allowed the
violation to continue, or by the mayor, the director of community
development, director of public works or the chief of police or
their designated representatives.
(2) The civil action to declare and abate a violation of this chapter
shall be brought in the name of the City of Wheat Ridge by
filing a complaint, which shall be verified or supported by an
affidavit. Summonses and subpoenas shall be issued and
served as in civil cases . Any employee or agent of the City of
Wheat Ridge who is over the age of eighteen (18) may serve a
summons and verified complaint upon the owner, agent,
occupant or the person who caused or allowed the violation
4
(hereinafter "respondent"), or a subpoena upon any witness to
the violation. Trial shall be to the court.
(3) A notice of appearance shall be served with the summons and
complaint. The appearance date shall be not less than twenty-
one (21) days from the date of service of the summons and
complaint. The respondent shall file a response or answer on
or before the appearance date specified in the notice of
appearance . The trial shall be held upon the appearance date,
unless the court grants a continuance for good cause shown.
No case shall be continued for more than sixty (60) days after
the appearance date.
(4) Upon the date and time specified for appearance and trial, if
the respondent has filed no response and fails to appear, and if
the city proves that proper service was made on respondent at
least twenty-one (21) days prior to the appearance date, the
court may grant such orders as are requested by the city;
except that, the court shall order the enforcement by the city be
stayed for ten ( 1 0) days and that a copy of the court's order be
mailed to the respondent at his last known address. Failure to
appear on any date set for hearing and trial shall be grounds
for entering a default and default judgment against the
nonappearing party. Prior to enforcement, and upon good
cause shown, the court may set aside an entry of default and
default judgment entered thereon.
(5) Any disobedience to or interference with any injunction or
order issued by the municipal court in an action to abate a
violation of this chapter of the Wheat Ridge Code of Laws may
be punished as a contempt of court or by a fine of not more
than one thousand dollars ($1,000 .00). Each day's failure to
comply with an injunction or order to abate shall constitute a
separate act of contempt for which an additional penalty may
be imposed.
(6) In order to facilitate just, speedy, informal and inexpensive
determinations of claims, the court shall follow the rules of
county court civil procedure, as presently adopted and as
amended hereafter from time to time, excepting Rules 302 ,
313, 338, 339, 347 , 348, 350, 351 , 351.1, 359(c)(2), 365, 383,
398, 402, 403, 404 and 406 thereof, and shall further utilize and
follow the provisions of Rule 65 of the Colorado Rules of Civil
Procedure in all cases wherein civil enforcement of the
provisions of chapter 5 is sought. In the event of any
discrepancy between any of the provisions of chapter 5 and
those applicable rules of county court civil procedure, or Rule
65 of the Colorado Rules of Civil Procedure adopted hereby,
the provisions of chapter 5 shall prevail and be applied.
The right is expressly reserved and delegated to the presiding
judge of the Wheat Ridge Municipal Court to adopt rules of
5
procedure for the Wheat Ridge Municipal Court, which rules
shall be applicable in any civil enforcement action brought by
the city; provided , however, that said rules of procedure
adopted and promulgated by the presiding judge of the
municipal court shall not conflict with or contradict the authority
of the city to pursue civil enforcement for violations of the
provisions of this chapter 5.
(7) In any case in which the city prevails in a civil action initiated
pursuant to this subsection (a), the city may recover its
reasonable costs of abating the violation, including reasonable
costs of litigation, plus fifteen ( 15) percent in administrative
costs ; plus costs may be assessed against the subject property
pursuant to paragraphs 16-13-313 and 16-13-314, C.R.S., (as
amended). The remedies specified in this subsection (a) shall
be in addition to all other remedies provided by law.
(b) Cumulative remedies . The remedies set forth herein are
cumulative. In the event any building, structure or utility is erected,
constructed, reconstructed, altered, repaired, converted, demolished,
moved or maintained, or any building, structure or utility is used in
violation of this chapter, the city or any proper city official may institute
any other appropriate action or proceedings to prevent such unlawful
erection, construction , reconstruction , alteration , repair, conversion,
maintenance or occupancy to restrain, correct or abate such violation
or to prevent the occupancy of such building, structure or land . The
initiation of any action or the imposition of any penalty hereunder shall
not preclude the city or any proper person from instituting any other
appropriate action or proceeding to require compliance with the
provisions of this chapter and with administrative orders and
determinations made hereunder.
Section 4. Safety Clause. The City Council hereby finds, determines , and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge ,
that it is promulgated for the health, safety, and welfare of the public and that this Ord inance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained .
Section 5. Severability: Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining sections, subsections and clauses shall not be affected
thereby . All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed .
Section 6. Effective Date . This Ordinance shall take November 1, 2013 , as
authorized by Section 5.11 of the Charter.
INTRODUCED , READ, AND ADOPTED on first reading by a vote of to __ _
on this 22nd day of July, 2013, ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on final passage set for August
6
12 1h, 2013, at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue, Wheat
Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading, after
public hearing, by a vote of to , this day of _________ ,
2013.
SIGNED by the Mayor on this ____ day of _________ , 2013 .
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
7
Council Action Fonn
July 22, 2013
Page 2
accounts record be made to report the land held for resale at estimated market value.
Because it is held for resale, it must be reported at market value, which will require the
City to continuously evaluate the can·ying of the property."
4. "We are pleased to report that no such disagreements [with management] arose during
the course of the audit."
5. "We encountered no significant difficulties while perfonning our audit."
ISSUE :
For the year ended December 31, 2012, the auditors have made the following recommendations:
I. Certificates of Deposit-"As mentioned in past years, the City has purchased certificates
of deposit at banks not certified under the Public Deposit Protection Act (PDPA). We
recommend that the City evaluate the risks involved with these certificates of deposit as
well as the compliance requirements stipulated in state statutes." This is an audit
comment that we have seen in the past years and the City Treasurer has received a legal
opinionfi"om the City Attorney on this matter.
2. Federal Awards-"The City has historically maintained the accounting records for grants
using manual spreadsheets prepared by the grant administrators or accounting personnel.
We continue to identify small errors in the spreadsheets. We again recommend that the
City centralize its grant accounting process using the established accounting system.
This process will help to detect and correct errors through intemal controls already in
place." The Finance Division has been working with the Purchasing Division to
establish a more formal grant program process building on our existing decentralized
system. This process continues to be in progress and was reprioritized for 2014 due to
other higher priorities needing to be addressed.
3. lntemal Controls-"The City has not established a review and approval process for
joumal entries. Without proper segregation of duties, there is an increased risk that errors
or fraud would not be detected in a timely ma1mer. We recommend that the City
implement additional intemal controls over the joumal entry process where possible."
We will evaluate our options to develop additional internal controls in the coming year
and 2014.
FINANC IAL IM PACT :
The contract for audit services with Swanhorst & Company, LLC is for an amount of $20,000 for
the regular audit. There was no single audit in 2012.
REC OMMEN DE D M OT IO N :
"I move to accept the 2012 Comprehensive Am1Ual Financial Report from Swanhorst &
Company, LLC."
Or,
Council Action F orm
Jul y 22, 201 3
Page 3
"I move to postpone indefinitely the acceptance of the 2012 Comprehensive Annual Financial
Report from Swanhorst & Company, LLC for the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Linda Stengel , Accounting Supervisor
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. 2012 CAFR