HomeMy WebLinkAbout09/16/1971
MINUTES
September 15, 1971
The one hundred and twenty-fifth regular meeting of the Wheat Ridge
City Council was called to order at 7 30 p.m. at 7390 West 38 Avenue
by Mayor Albert E. Anderson.
Aldermen attending were Dana Bowling, Jack W. Bramble, Joseph Donaldson,
Robert Howard, Calvin Hulsey and Ray C. Pepe.
Others attending were Mayor Anderson, Clerk Louise Turner, Treasurer
James Malone, City Attorney Maurice Fox, department personnel and in-
terested citizens.
WZ-71-2o Rezoning Case came up for a decision. Myron Sands, owner of
record and Lee and Harold Kunz had requested a change from Residential-
One and Agricultural-One to Planned Unit Development at 10500 West 44
Avenue.
Motion by Alderman Hulsey "I move that Case WZ-71-20, application of
Lee and Harold Kunz be denied for the following reasons
1 It is not in keeping with the Comprehensive Plan.
2. The Planning Commission recommended denial.
3. Many residents have registered objections, and
4. The area should be developed low-density residential."
Motion was seconded by Alderman Donaldson.
Alderman Pepe pointed out that the best use is Planned Unit Development,
that the plan was for quality construction, that park land would be do-
nated and the land was definitely buffered.
Alderman Bowling stated that Planned Unit Development is the best way to
develop larger tracts and that with its restrictions it is beneficial,
but that 19 units was too much in excess of the Planning Commission's
recommendations and that he would favor such a plan if it were brought
back with less density.
Council was polled and Motion to deny passed 4-1 with Alderman Pepe
voting "nay" and Alderman Bramble abstaining because he had not been
present at the hearing.
WZ-71-25 Rezoning Case came up for decision. M.C. Williams and E.M.
Conrad had requested a change from Agricultural-One to Restricted-
Commercial-One at 11450 West 44 Avenue.
Motion by Alderman Donaldson "I move that WZ-71-25 rezoning application
be approved, It is a good place for Restricted-Commercial-one and would
be upgrading of the area." Motion was seconded by Alderman Bowling and
passed 4-1 with Alderman Howa~ voting "nay" and Alderman Bramble abstaining
because he had not been present at the hearing.
The 3.2% packaqe beer license for National Tea, Del Farm Store at 7340 West
44 Avenue came up for renewal Store Manager Joe Drobnic of 1059 South
Garland WCE present.
Motion by Alderman Howard
for National Tea, Del Farms
seconded by Alderman Hulsey
"I move that the 3.2% package beer license
Store be renewed at this time." Motion was
and passed 5-0.
The 3.2% package beer license for William J. Ervin, Ridgeview Supermarket
came up for renewal. William J. Ervin of 9181 West 51 Avenue, owner, was present
Motion by Alderman Howard "I move that 3.2% package beer license for
William J. Ervin, Ridgeview Supermarket, at 9005 West 44 Avenue be renewed
at this time." Motion was seconded by Alderman Bowling and passed 5-0.
Treasurer's Report was given by Treasurer James O. Malone. Report indicated
that 77.92% of anticipated revenue had been r~ce~ved aod 52.70% of the appro-
priation had been spent and cash on hand is $454,815.~9.
-2-
Ordinance No 93 was introduced by Alderman Howard and read.
Motion by Alderman Donaldson "1 move we adopt Ordinance No. 93
pertaining to a revised Zoning Map, on first reading and order it
to be published and posted." Motion was seconded by Alderman Howard
and passed 6-0.
Ordinance No 94 was introduced by Alderman Bowling and read.
Motion by Alderman Pepe "I move that Ordinance NO 94 pertaining to
the vacation of Reed Street from Rocky Mountain Ditch north to 32 Avenue
(Case WV-71-o5) be approved on first reading and be ordered published
and posted" Motion was seconded by Alderman Donaldson and passed 6-0
Resolution No. 136 asking that the statewide banning of fireworks be
placed on the Governor's Call for 1972, was introduced by Alderman Hulsey
and read.
Citizen's Comments in favor of the action were made by
Jack Willis, Wheat Ridge Fire District Chief and
George Fentress, State Representative.
Motion was made by Alderman Donaldson and seconded by Alderman Bowling
"that Resolution No. 136 be approved." Motion passed 6-0.
Resolution No. 137 pertaining to the purchase of water from Arvada by
the Wheat Ridge Water District was introduced by Alderman Hulsey and read.
It was pointed out that residents outside of Arvada pay higher rates
for water from Arvada, that a contract, attached to the Resolution has
been approved by the Denver Water Board and Wheat Ridge Water District,
and that Arvada would not approve until it had been approved by the
City of Wheat Ridge.
Motion by Alderman Bowling "1 move that Resolution No 137 pertaining
to Arvada Water and introduced by Alderman Hulsey be approved." Motion
was seconded by Alderman Donaldson and passed 5-0.
The Federal Government's Emergency Employment Act designed to get
unemployed people employed faa was explained by Walter H. Johnson
The County is the agent for cities under 75,000 population and the
Wheat Ridge share is $20,000.00. Council approval is needed in order
to hire three persons.
Motion by Alderman Donaldson "I move that the City Council adopt
the attached memorandum of agreement and authorize the Director of Ad-
ministrative Services to hire the authorized employees, i.e. 2 grade-18
and 1 grade-12 (1972 grades)." The "Memorandum of Agreement" referred
to in the Motion is attached to the Minutes Motion was seconded by
Alderman Hulsey and passed 6-0
Public Hearing on the 1972 Budget was held. Citizen's Comments heard
prior to the presentation were made by
Lucile Tomppert of 3675 Marshall Street who reminded Council of a
drainage problem on Marshall Street and that a report had previously
been submitted to them, and
Gary Lewman of 4350 Parfet who stated he hoped that the~5,000.00
allocated for park land acquisition meant the city's share and that
it would be matched.
The 1972 Budget was presented by Finance Officer Walter Grande and the
follOWing Motions made pertaining to it
Motion by Alderman Bowling "I move that the appropriation for Council
Fees be set at $9,000.00." Motion was seconded by Alderman Pepe and
passed 5-1 with Alderman Howard voting "nay".
Motion by Alderman Bramble "I move that the appropriation Mayor's
Salary be set at $4,800 00, and that the total for personal services
be set at $12,775.00." Motion was seconded by Alderman Bowling and
passed 5-1 with Alderman Howard voting "nay".
/
-3-.
Motion by Alderman Howard "I move that a new series of account numbers
be added to the Annual Budget of the City of Wheat Ridge for the year
of 1972, to include the following
413.2 City Administrator
413 21 Personal Services
413.22 Supplies
413.23 Other Charges and Services
413.24 Capital Outlay.
I further move that these same account numbers have the following ap-
propriations for the year 1972
Account #413.21 Personal Services. .... ........$27,473.00
Account #413.22 Supplies . ... ... . ...$ 3,000.00
Account #413.23 Other Charges and Services. ......$ 7,000 00
Account #413.24 Capital Outlay. .... ..... . . .$ 5,000.00
I further move for a total appropriation of account #413.2 for the year
of 1972 to be $42,473.00." There was no second to the Motion and the
Motion died.
Motion by Alderman Bowling "I move that the appropriation for General
Government purposes be set at $318,580 00 as presented and amended"
Motion was seconded by Alderman Hulsey and passed 5-1 with Alderman
Howard voting "nay"
Motion by Alderman Pepe
Outlay Account No 421.34
Motion died for lack of a
"I move that the appropriation for Capital
be changed from $26,700.00 to $13,300 00."
second
Motion by Alderman Bowling "I move that the Capital Outlay Account
No 421.34 be changed from $25,700.00 to $14,000.00" Motion was
seconded by Alderman Pepe and was defeated by a vote of 4-2 with Aldermen
Donaldson, Howard, Hulsey and Bramble voting "nay".
Motion by Alderman Donaldson "I move that Account No. 421.34 be changed
from $25,700.00 to $19,000.00." Motion was seconded by Alderman Bowling
and was defeated 4-3 with Aldermen Howard, Hulsey, Bramble and Mayor
Anderson voting "nay".
Motion by Alderman Bowling "I move that the appropriation for Equipment
Maintenance be set at $29,700.00." Motion was seconded by Alderman Hulsey
and passed 6-0
Motion by Alderman Hulsey "I move that the appropriation for Public
Safety pruposes be set at $518,244.00 as presented and amended."
Motion was seconded by Alderman Howard and passed 4-2 with Aldermen
Pepe and Bowling voting "nay".
Motion by AldeA~8n Bramble "I move that Engineering Aid I be supplanted
wi th EngineerinbAIII in Account No 421.21." Motion was seconded by
Alderman Hulsey and passed 4-0 with Aldermen Pepe and Bowling not present.
Motion by Alderman Bramble "I move that Account No. 431.44 Personal
Services be amended to add one more Summer Help and to show $2,000.00."
Motion was seconded by Alderman Donaldson and passed 5-0 with Alderman
Pepe abstaining because he was out of the room during the explanation.
Motion by Alderman Bowling "I move that Account No. 432.3 be altered
from $49,000 00 to $40,000 00." Motion was seconded by Alderman Pepe.
Motion was amended to read "that Account No. 432.3 be altered from
$49,000.00 to $45,000 00." The second approved the amendment. The
Motion was defeated 4-2 with Aldermen Hulsey, Bramble, Howard and
Donaldson voting "nay".
Motion bv Alderman Donaldson "I move that the appropriation for Public
Works pu;poses be set at $682,918.00 as presented." Motion was seconded
by Alderman Howard and passed 5-1 with Alderman Pepe voting "nay".
Motion by Alderman Howard "I move that the appropriation for Other
Charges and Services be changed from $200.00 to $1,400.00." Motion
was seconded by Alderman Bowling and passed 6-0 (Account No. 440.13)
c;.>
September 15, 1971 - MINUTES - continued
-4-
Motion by Alderman Bowling "I
from $8,550.00 to $10,759 00."
and passed 5-0
move that Account No. 440 11 be changed
Motion was seconded by Alderman Pepe
Motion by Alderman Pepe "I move that the appropriation for Animal
Control purposes be set at $16,619.00." Motion was seconded by
Alderman Bowling and passed 5-0.
Motion by Alderman Bowling "I mOV6 that Animal Control and Animal
Impoundment continue under the City Clerk." The Mayor stated it was
unnBcessary and did not accept the Motion.
Motion by Alderman Pepe "I move that the appropriation
Recreation purposes be set at $170,029.00 as presented."
seconded by Alderman Hulsey and passed 5-0.
for Parks-
Motion was
Motion by Alderman Pepe "I move that the appropriation for Mass
Transit purposes be set at $22,000.00" Motion was seconded by
Alderman Hulsey and passed 5-0.
Alderman Howard requested that the City Attorney check into the pos-
sibility of a franchise pBrtaining to Denver Metro Transit
Motion by Alderman Bowling
Elm Disease Control purposes
seconded by Alderman Bramble
"I move that the appropriation
be set at $19,500 00." Motion
and passed 5-0
for Dutch
was
Motion by Alderman Donaldson
** be set at $57,595.00" Motion
passed 5-0.
"I move that the Unallocated Surplus
was seconded by Alderman Bowling and
Resolution No 138 was introduced by Alderman Bramble and read.
Motion by Alderman Pepe "I move that Resolution No. 138 pertaining
to the 1972 Budget be adopted and be published and posted." Motion
was seconded by Alderman Donaldson and passed 5-0.
Meeting was adjourned at 1 00 a.m
** The figure $57,955.00 has been changed to
$57,595.00 which is the correct figure
Change was made by direction of Council
by Motion on April 5, 1972 after , !e , _~'-'
mistake had been discovered by Louise F. Turner
City Finance OfficBr. City Clerk
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V..EXORANDL.f. O? 'GREEKE~T
BEr.2\'7El::~
Count" o~ Jefferson, Colorado
lu"lD
City of Whc~~ridgc
',:'.J..lS lViEM.ORA:.-.JDUM OF AGREEM.Er-;T I hl2reinafter also call2d ..;'C?<..Zz::;:::..,:, I
ent.ered into by and betweer. the ~~~ .i-...;..;::--....-c(")...-,. r'r; r, I nerel.:-..a:::~er
:;:eferrcd to as the PROGRilll AGEt-;T, A"D Ci.tv ~~ ;7'"02+-.,.iQ("58 I
he:;:einafter referred to as ~he EMPLOYING Agency,
WITNESSETH THAT:
~ ~I=REAS I t..ne Congress of the Uni t.ed Stat.es I \-11."'Ci'... P::-2S...C.C:-~.,/o"c:...:
~pproval, as of July 12, 1971, enacted Pu~l~c ~aw, 92-51., c~~ed &s
ch~ Ewc~gcncy Employment Act of 1971, celegati~g respons...b...~~~! ~O~
Admi~istr~~ion of the Act to ~he Secretary o~ Labo~ iu acco~da~c2
\'litn -t.he Act and such regulations as he deems necessary to pro::-.",lgat:e
in that a~uinistrative function, and
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, ,
j'm:CREAS, the intent of the lcgislat~Qn' l.p. to ?:::-ov~c.e e:7::Jlo,r-e-,t fa::
_ .. .... 0 _
ir-..c1i vic.uals \vho would be o.ther~'lise ur;1c~I?loyed I i;-:. i:.fh~ ?e:r-::o:::-~a::.(;e 0::
needed puolic services which would not otneDvise ~e perfo:::-~ed, or
~lould be perfor~ed at a lower level than necessa:;:y to prov_c.e o?ti~~~
benefit to the Dublic we,al, and
~ -
\~J:j":\Ei\3, tho lC0islCltion pl"ovic;o~ ~or cC}uit~' i"l ~;:0 C'..:.S-':_~;)J.~_O-'
0': ;JO I...L c:',I')10\~'":1cnt O~)1)ol."'tu'--.i ~ics l.:i.C~ ~hc s\JD~)lc:-;~L~"'" t. .....:.J..()~"". 0: 2 ~...':';,':;__O-
- -' ... ... ... ... -
or pU0~lC scrv~ccs ny units o~ g8~e~~1 purpose gov~~n~2r~; ~. ~s
cquit~b~c GistriDut~on is provldea io~ in regulQ~io~ p~o~~~g~~~~ ~s
5~, COGe of Feder~~ Reg~lations, Sec~ion 55, estao~ishing Proga~ Ag2~~
g8o~r~p~llcal are&s &nd E~~giDili~y Cri~erla for des~sna~~o~ as Z~p~o:_
Agency and the :;:elationship of each to the other, and
n-!:JREAS, tr..ose responsibili t.ies \vhich I';1ust. ~e accept-cd. by ?;:00~a.-,:
A0e~ts and by Employing Agencies should not be abrogated by ~~s~~~a;:-
s~aHdi;)g,
~HEREFORE, be it resolved that the parties here~o, ir co~s~ce~~~__
of the mutual pramoses' herein e.<pressed, do hereby agree as io......o\Vs:
ARTICLE I
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(2) The Employing Aqcncy shall provide wor~ ~ypcriQrce, ~rd as
necessary and fcusible, truining in occupatiors whicll pre3c~t =:Q
~~ i~um of rc~sonQDle O?po~tun.ty :or c~cccr CO~t~Tu2 cc cithQ~ _~
?llJ.).l.l c s~rv lce or ~ne p.c 1. v 2.. L..~ oS el..CU~, d.lH_.4 r..L~i.....I.~ 1,.;..:> I,....~...!.... ..0 \". ....t.:.;;.. oJ t. u...
one ou~ of every two openings for e~ploymen~, whicn may develop ~n ~~s
regul~r no~-assisted work force ~ill, consistnc~ with particip2~t
qualification or projected development of qualification, hire from
participants
(3) ?he Employing Agency undcrs~ands tha~ the i:~~nt ~s
p&~~icipant employment is transitional, fro~ une~p~oj~e~t ~o
time regular employment, and pledges itself ~o work w~~n ~he
Agent and supportive agencies in planning for, and assisting
participant in achieving that goal
.............-.....
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Progra.-:l
the
(4) Tne ,E:noloyinq Aqency agrees that it v~i~l :>::"'o"T....ce st..::)e='n'isi.o~
~.d work experience which, to maxim~, extent pos3ible ~nd necess&~,
will help the participant to develop s~ills and a~ti~udes ~~_ch wi~l
contribute to his development toward full-time pernanent emplo~enc.
(5) The Employing Agency Agrees to treat. the partici?a~~ i- t~e
s~~e .:7.a.:-.:1e~ as its employees in sirn.l.lar OCCi.l?c..~~ons a-:. ::::e ~,Q~~-( S....~e \,5)
inclucing assig~uent to participants of the duties reqL~~2d c= ~ts
regular staff in similar occupations, ~nd, \Jhere necessary, fu~n~s~ing
to the participants the S~-:le or similar'~qu.ipment or tools as those us~
bv thos e ern-oloyees. . _.
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(6) The Employing Agency shall rna-,intain such cu~~e:"t ~J.:7.e s:-ee~s,
books, or other records relati~g to participants as ~ay be =e~~~red to
fulfill fiscall and reporting responsibilities in the manner prescribec
in Artic l~ IV below.
(7) The authorized representatives of the Project ~gent and
tne ~1anpower Administrator (as the delegate of the Secretar;.' of
Labor) shall have access to the premises of the Employi.g Agency a~e
to such records of participant or participants, at reasonable :0U~S,
as may be necessary to IT.onitor and evaluate activities ane co~nsel~~S
with or advising participants.
(8) The Employing Agency agrees to abide ny and comply ,,_t~ all
and cOillply \vith regularions cited, staneards, rules, po~~cJ.es, g~_de-
lir,es, ar,d procedures adoptee by the. Depart;-;.ent of Labor, ~.a:-po"'e::"
Adr..inistration , and deleg<lted to th_e Program Agent for Imple.....enta~io;:
of the Eme~gency E~ployrnent Act.
ART,ICLE II
n=SCRIPTION OF EMPLOYING AGENCY
~z..r:.e City
Address
of Wheatridge, Colorado
7Li 70 "lest 38th Ave , Wheatridge, Colo
S0033
~~l2?ho~e 424-8480
~....~lG and N~~e of Official
G~?owered to make Agreement
T_~le and ~a~e of Oificial
?~sc~~ Agent; Jawes Malone
T~tle and Name qf Contact For
General Program Administration;
,
Ed Anderson, Mayor
Edanderson, Mayor
Walter Johnson, ~ir
of
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..................
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-Page 3
ARTICLE III
PT{OG-:<,l\./ AG2NT
In consideration of the fo~egoing a~d follo\yi~g st~p~~~t~G~S
of ~ne E~ploying Agency on its part to be perfor~ed, ~he ?rosr~~
Agent asrees
(1) To arrange to transfer t.o the Ernployir.lg l...gc-;,cy I at s'C.c::.
times as :nay be neccssary to mect regular pay schedulcs s"c;- st.."7.s
as, su~nortcd in invoice, ~rc ~ecessarv to nay Dartic~n~nt w~ces,
~nd e:n~loyec bcneiits in accordancQ wi~h ~h~ ~~~G scnc~ulc in;luded
in the att~chcd list of occupat~ons (MA 6-48, 6-48A)
,
(2) 'fo furnish the Employin<] Ago.ncy with standards, rules I
~Juil1L:line:.j, pr~)ccdurcs, dnd Earn1::; und other info~n1~t.ion \'l')ic~
i,- d'lcm:.:; ncc~:s; :lry [or -the proper ._md o.ffcctivo conJuc;: of tne
pro0rillu which it undertakes
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(3) To provide, or to arrange for such technical assistance ana
monitoring as is necessary to enable the Employing Agency to conduct
its progrW" under th~ Emergency Employment Act.
ARTICLE IV
FISCAL A~~.~GEV~~TS
It is agreed
"...
(1) The Employing Ag~,cy will prov~de a minimum of ten perC2L~~
of the total cost of progrW" operation in cash or ~~~~na
In-Kind to include, supported by adequate documentatior, fair val~e of
persolli,el cost for supervision and training provided s?ec~f_callJ :::o~
oar~iciDants, sDace, eo~ipnent a~d sUD~lics, over~2ad cos~ =o~ se~e~a_
~drninistration of tr.e ~rocra."and such"'other services as ~a.' ~e s::;e.:_:::
~ oJ _ ...
cally related to the program VolUntary Services or space do,atec
from private sources cannot be inclUded as nbn-7ederal ~at.:~~ng 5~are
"-
(2) The E~p:oyi:'.g A-g~:r.cy vlill wai~1ta.n o.ccounts of r,1o-iies :::-e(:e....veG.. ,2.-
cvpe~ccd i~cludi~q c~ployccs ~c~C=~~S, i~ 5~C~ ~ ~a~ e~ ~. ~~ ~v~?:c_e
acco~n~ability can be determined a~ all times du~ing ~~e CO~~se 0::: a,~
:u::c~~"""':j (:Ul'lt-1:~'-.J..\..;;'l u': ,-He pL'Olj.CCi..ill ~ny .tUrll...S 6CV2..:1C2C :7.......S~ ;:)8 co'p'e::-
by collatoral agree~ent with depository for a~y Slli~S i- e~cess 0= :J::
covera.ge of that depository Funds transferred to E~plo~_n~ \g2-':~ ~~
~ne ?roject Agent remain Federal funds subject ~o aud~t by a?pro?~_a~~
Fe".eral agents
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(3) runes w~ll be advanced during each
to ~C8t co~~it~e~ts ior th~t pay period
Q~~icipated to cover need No i~tcres~
c~~ed to the progra." but will revert to
rcver~ to the ?rograffi for return to the
pay ?er~o~ l~ ~~o~~~s ~2~2ssa~
~n t..:C Z...""';.~O'..1~t ~"'22..S0""'..l:.)....:'
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car~c~ O~ CC?0S~~S
~he ?rog~~~ As2~t,
Federal Gove~~~~~t
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r~) ~~~c~ll re~orts, on ~il accrua~ b~s~s, wlll O~ P~OV:d2d
a:-,.Cl. ....n tne iorn1 prescr~bed by t~1e 1?to0r~rr1 l\<]cr;.t., ~s ;l~cd~d
Ag~nt to fulfill its obligat~ons and account ability.
as .....C..Cl':'\SS.-:
by
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1..( ,illl s"t.rat1..0n C.ond~tions (10VL~j. 111.1.'1 l,,'-...1.n.tF I Ujh~L~'" ~Ci....t.lu'':. ~) I
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T'1C E~?loying Agency agrees to ma~r~aln such rcco~~s to ?a=t~c~~&:~
-.' -.......-..:. . ..l_': "'-og~ ~s ~~c.'.co' 10'1-"........ a.... ........."..-::.~"'""-".. "-nc::. ...... ...........0-
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abOut ?~rtlclpanats or tnGlr ~ffi~CGla.te fa~llles -lcn ~~J ~e G~~a~~cc
fro:l~ ar-y source \'litho~t. t.:-c pe~~iissio:1 of t;c p2..r-::.~c~?a....--:., s......c:.
i~forffiatio~ shall be divulgcG o~ly as necessary =or p_~poses ~el~~eG
to performance under this Agrcefucnt anJ to persons havi~g respo~s.b.lit
under this Agreement or in accordance with law
1u~TICLE VIi
DuRATIO~ OF AGREEMENT
This Agre~~ent shall become e~:ective as of the date hereof
and shall terminate Augu3t 31, ~972
ARTICLE VIII
ASSIGNMENT
Performance under this Agreement shall not be assigned
I~ NITNESS \'In,EREOF I the pCirties'<:~e,):~t6 have e.<ecuted H'.is
Agreement as of the day and year fir$t aQQye: wr~tten.
City of ~heatridge, Colorado
N&~E OF ~V&LOYING AGENCY
J2f~eYsG~ COu~~y, Co:o~G~Q
S'i'ATE El-':?LOY"iE~7 SEC"W:\.I'::Y ..;'G~::C~
STATE OF
BY
.(U a. ~{: '"~
S~g~Q~~re of Au~~or~zeG
Re.pre,s~:l ta ti ve
...;t~'I;;lo.A.
:; u.;;,~
~~0i ~~.
~7~~natu~e o~'Aut~eci ~2?~e3ent~t
(J- Jack - Trezise
J Tyree. ",,;;.;-:.e
Ed ~..::.derson
:..c...yor: Chair;-nan. I Boa::c.. 0: Co\...:'" -:"~T Cc-:-,,:-:.
~itle of Authorized Representative ?itle of Au~horizec ~~?~2Se-~~~