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HomeMy WebLinkAbout1922-09-28 (Regular) Meeting MinutesI I I I SPKCUL CALL llBETIJICJ 01' THE CITY COUXCIL OP THI BIR~•:op EJIGLBWOOD..a COLORADO, ma TRB 881Jl; &AYOOP:S~B.31. (]).,I!Jl .. ,.P.t'l'M'fsSO P ••• lla7or, J. w. Murrar; called the meeting to order and aaked tor roll oall. Roll C&lls · Cole, Presen~, Culllaon, Presen~. Eagleton, Preaen~. Johnaon, Present. Thoapaon, Preaen~. Tiedt, Preaen~. 8. Preaent. Abaen\ Kone. llayor ao ordered. The lla1or aaked clerk to read the call. Clerk read t.h• call, ln tull as tollo••J IOTICB OP SPRIAL CALL llBETING OP THE CJ.TY COOllCIL OP THB C.a.'l'Y o• 11111noOD, COLORADO, To= Owen I. Cole, J. E. Culllaon, J. s. Eagleton, ClJd• K. Johnson, G. A. Thoapson, A. o. Tiedt. Tb• Undera1gnecl, The J1a1or and three member• ot t.h• clt.J oouno11 ot Use Cit.J of Englewood, CountJ ot Arapahoe, State ot Colorado, here)W g1Te no~toe t.ha~ a apeolal oall aeetlng ot the cit~ counoll ot sald ciq 1• call ..... •111 be held ln th• cltf ball ot ••id citJ', on• •Cg, 18th, dar of Sep\ea- ber, A. D. 1988 1 at the hour ot Seven-thirty, P• M. of aald d-.- You are tlarther notitled that said meeting ia called tor the purpoae of ooa- alderlng tor paaaap of an ora1nanoe vaoat.lng that. portion of Baapclen AT•-· !tie cent.er llne of whlob la deaorlbed aa tollowa; 4 9.:-~ .. ·s·N;i ·~ - .... --.::.:.r. Beglmlng at 8019.3 tt. east or or the s • corner of Seot,loa 84 Tp 4 s.a. ea w., theaoe S 5 .. 11• I 184.3 tee~; thence S 72° 30 1 164 tee~J tbenoe S 79• 141 saa\ 274.S fee\ t,o a poln~ on the wea~ line or count,7 road known aa Br~ and troa whloll point the quarter corner on the I line ot aeotion a Tp 5 S+ R. 88 W bears ia0 9• Baa\ 817.9 teet. Alao, to aet. upon th• Citr Engineel'S tlra\ t1ra~ and tlnal Batlaat,e of Mae work dane and •t.•rlala turn1ahecl in the conatruotlon of t.he Iaprove•nt.8 1D t.h• Heraog St.reet. Grading and Iaproveaent Diat,rlot,, Englewood, Colorado, eto. Bngl••ood, Colorado. Septeaber 26th, 191&. Cl1d• M, Johnaon, J ••• Murry. tiio•. Alderman lat, nild. A. Oi Tied\. 11 ...... liid, ••rd. 'l'b• underelgnect, oounollaen ot the Cit1 or Englewood, Coua\1 ot Ara~, St.at.• of Colorado, h•r•br oert.it7 that we and each of ua reoel•ed notlo• ot t.ha ~· and toregolng aentloned Special Call Meeting of \he oltr ooanoll of aald olt-1 1 to be held on Thurada~, September, 28th, 1928, at t.he bOUP of SeYen- t.hlr\1, O Cloek, P. M. ot aald day at the city hall in aald oltJ. Seid notloe ba•lng been served at leaat twent7-tour hour• before the dat.e ot aald ••tlng. A, O, Tiedt. Clyde K. Johnaon. O.en I, Cole. James E. Cullison. 0. A I ftloap•s>!l.a. !be following proceeding• among othera ••re had and taken,to-w1t; Alderman Culllaon Moved) Cole Seconded) That. Ordinance No. _:_ Series ot l92Z, .... being entitled •An ordinance vacating that portion ot that certain street ln the CitJ ot Ingle- wood, Countr ot Arapahoe, State of Colorado, lmh ¥i ••-;Ba.,llfn Avenue, th• o•t.•r llne or th&~ portion vacated being described aa tollowa, to-•ilz Beglnnlag at 2019. 3 tee~ Eaa~ of ~he S W corner or section 3• Tp ' s. R. 68 w, thenoe S 6 .. 11 1 E 184.3 tee~s Tnenoe S 72° 30' lb4 teet: Thence S 79• &•' sa8' 274.~ feet to a point on the weat llna of county road known aa Broadn~ and tr• whleb point th• quarter corner on the N line ot section 3 Tp 5 s. R, 68 W Beare • i~• 9 1 eaat 817.9 tee~. Aa it preaentlr exiata~ be introduced and read aa a propoaed ordlnanee tor the Clt7 of Englewood, Colorado. Roll Calls Aldel'll&ll Culliaon Moved) Cole, Aye. Cullison, Aye. ~gleton, A7e. Johnaon, Aye. Thompson, Aye. Tiedt, AJ•• 6. Ayes, Nayea None. Mayor ao ordered. Cole S.ecanded l That proposed ordinance No. Serie• of 192&, .... belltg entitled •An ordinance Vacating that portion of that oert,ain etreet la t.be Clt,~ ot Bngletlood, Count,7 ot Arapahoe, State ot Colorado, known •• Baapclen Aven r, tb• oeater 11 .. of Ula\ portion vacated being deacr1bed •• follows, \o,:wl Beginning a\ 801S.3 tee~ eaat o~ the S W corner o~ aectloa 3' '1'p 4 s. R. W, t.ha .. s &a• 11' E 18-1 .3 tee\.: Thence s n ·• 30 • 16' tee\.: then" S '19° N' east. 17•.a teet, to a point on the west line of county road known aa bro•• .. ~ and troa whlcdt point the quarter corner on the N line of aect.J.on 3 Tp & B. R. 88 W beare I l~ 9' eaat 217.V feet. As i~ preaentl.J exlata,• do now pa .. tlrat reading aa read. Roll C&lls Cole, A7e. Cullison-, A7e. Eagleton, Aye. Johnson, Aye~ 'thompaon, A7e. Tied~, ·Aye. 6. Ayes, N&yea none. U&yor ao ordered. Alderman Culliaon Moved) Cole Seconded) That, a proposed or~inance Ho. ___ Serles or 1928, ot t.he ordinances ot Bnglewood, being entitled "An Ordinance vacating that portloa o' t.hat. certain atreet in the Citr ot Englewood, Count7 ot Arapahoe, St.au or Colorado, known u Hampden Avenue, the center line of that. portion va.oat. .. being deaer1bed aa tollo••, to-wit: B8 ginnlng at 2019.~ tee\ eaa\ of tbe SW aeotion ~• Tp " S. R. 68 W, thence S 524' 11' 16• teet..: lhenoe S 79" 84 • ean 87C.~ ••e~ to a point on the wea~ line of Count~ Road known aa Broad••~ &DJ tr• whiab polnt th• quart.er corner on the • line ot Sect.ioe ! Tp 5 s. R. 18 W bears B i~· 9• eaat 217.9 tee~. aa 1~ preaentli' exist•~ haa been 1ntroduee4 and read and ~d at it• tirat reading, How elatore, be it resolved by the city .council ot the City of Engle- wood, that the proposed Ordinance No. ___ Seri•• or 192B, ·aroreaald, be pala- llabed in the Englewood Herald a weekly newapaper or general clroulation 1a the oltJ of Englewood, Colorado, as required by the Statute• of tb• State of · Colozitc10, and go over tor turther conaid~ratian at another aeeti~. Roll Callr Cole, Aye. Cullison, Aye. Eagleton, A7e. Johnaoli, Aye. Thompson, Aye. Tied~, A1e. 6. Ayes, Maye• none. Mayor so oNered • . . The following proceedings, among o the rs, were had and taken, to-wit; Thereupon, City Engineer, Glan A. Iaett, presented his first and .final ea- timate., sho wing t h e amount due to John Haldeman, John Vasko and John Fellowa, t h e contractors constructing the ~erzo g Street Grading and Improvement Dia- trict, Engl e w od, Co lorado, which sai l esti mate is in words and figures as follows; E n ~lewood, Colorad o , August 14, 192 2 . To Th e ay or a nd City Cou ncil of Eng lewood. Gent l e men: Th e City· Engineer herewith submits the fir s t and final estimate in favor o! John Halderman, Jo hn Vasko and John Fellows on their contract to con- struct t h i mp rove ~enta in The Herzog Stre e t Grading a nd Improvement District. ESTI MATE. 7676.5 sq. !t. cement sidewalk in place @ 15¢ $1,151.47 2682 ou. yda street excavation @ 40¢ 1,072.so 200 ou. yds Sand surface. @ 1.50 300.00 38 Li n . !t. 6• x 18• ceme n t culvert @ l.00 ~8.00 Removing 8 shade trees By D. J. Cox · Engineer i n charge 8 5.00 o.oo To tail • 2,602.27 Res pectfully submitted. Glen A. Izett City Engineer. Th e said estimate was · then considered by the Council, and a copy · thereof was ordered to be incorp rated in and speead upon the minutes of the meeting. Thereupon, Councilman Cole int r oduced and mo ved the adoption of the fol- lowing resolution. I I I WHE REA S , Glan A. Izett, t h e City Engineer of the City of Englewood, Arapahoe I County, Co lorado, did on the 14th day of August, A. D. 1922, submit to the City · Council, City of En ~lewood., the foregoing estimate of all of the work done and materials f urnished which include d all extra work, labor and materials of eTery aature whatsoever in t h e Herzog Street Grading and Improvement District ot aaid City by John Halderman, John Vasko and John Fellows under and by virtue of the contract between the City of Englewood and the said contractors dated the 28th da y of March A. D~ 1'22, and WH EREAS, said esti ma te is the final estimate of sa1d City Engineer of the I work done a nd materials turnished tn the complete C)natruotion ot all of the hydraulic cement concrete sidewalk and street ·gra.ding and extras done by •&id con- tractors for s a id City in said improvement district under the terms and condi-· tions of said contract, and WHEREA S , aaid estimate is in the sum of 82,602.27 same being the full and final amount due the said contracts at the date hereof, and WHEREAS, said City Cou ncil has heretofore inspected aaid work in every de- tail and it is no• the opin ·i on of this Council that ai&d work ahould be tinally aooepted and approved a• completed by this Council subject, however, to the atipulationa and specifications of the said contract and according to the terms and price t h ereof and subject to the contractor'• bond and guaranteerof aain- tatanoe, and I I I I I WHEREAS, There has never her ~tofore been paid to said Contractors any money whatsoever on account of the work done or materials furnished in said d1etr1ot in aooordanoe with said contract and the amount stated as the balanoe due eaid oon- traotora in said eatimate is, in the opin~on of this Counoi1, the amounto to be paid aaid contra ctors in full and final settlement with them by virtue of a&id contract upon the execution and delivery by said contractors to the said City of Englewood a release of all claims whatsoever growing out of said contract, and WHEREAS, after a thorough investigation this Council is satisfied •hat all ot the work done and materials furnished to the said contraotora by any and all third parties ha.a been fully paid for by said .contractors and said contractors do not owe for any suoh work done or materials furnished, and WHEREAS, said estimate has been fully considered by thia Council in every detail. NO , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ERGLIWOOD, COLORADO, in special session convened this 28th day of September, A. D. 1922, th 3t the estiiate of Glen A. Izett, City Engineer, aforesaid, be and the aame is hereby approved as correct and be it FURTHER RESOLVED that the City Treaaurer of said City be and he is hereby authorized, directed and empowered to deliver unto the said John Haldeman, John Vasko and John Fellows, six bonds of the Her- zog Street Grading and Improvement District of the City of E~lewood, Colorado, numbered from two to seven, inclusive, of the par value of tJ,000.00 and the accrued interest from the date of the said bond to the date of the delivery thereof, in full payment and settlement of all and every claim which said con- tractors may have against said City on account of the contract atoreaaid. Said bonds are to be delivered to said contractors upon their signing a final re- ceipt and releaaing said City of Englewood trom all and every obli1ation what- soever under the terms and conditions of said contract, PRClEDED, that in caae the amount of said bonds and the acccued interest thereon so authorized to be delivered, as aforesaid, total an amount greater than is due said contractors as evidenced by the engineer's estimate aforesaid, then said Treasurer ia hereby authorized to deliver said bonds as a!oreaaid upon receipt by him from said contractors of an amount in cash in order that the amount due and the bonds delivered may balance. APPROVED: The 2gth day of September, A. D. 1922. J. W. llurray Mayor. ATT~ST: T. H. Noonon City Clerk. The motion for the adoption of said resolution was duly seconded by Counoil- man Johnson and the question being upon th~ adoption of the foregoing reaolution, the roll wao callei with the following result; Those voting •Aye•, Councilman; Cole, Oullison, Eagleton, Johnson, Thompson, Tiedt. Those voting •Nay• none. The mayor then declared that said resolution had duly passed, and the olerk was instructed to make proper record t ~ereof. Thereupon Counoilaan Cole intrtduoed the following resolution. Wherea•, Glen A. Izett, City Engineer, haa submitted a at.atement ot lndebtedneaa due · him from the Herzog Stree~ Grading and Iaprovement Dietrlot, Englewood, Colorado, on account ot ael'Tic•• performed br hi• aa Cit1 Engineer, whloh etat .. eni la ln word• and t1gurea as tollowa, to-wit; To Glen A. Iz•tt, Enginee~1ng service• 1156.14 Whereaa, ln th• opinion or thi• Council the said Glen A. Izett 1• entitled to recelYe p&Jm•n~ o~ aaid statement 1n the amount or t1sa.1•. Now, Theretore, be 1\ reaolved by the City Counoil ot the City or Englewood, in Speolal Call Seaa1on convened thi• 28th, da1 or September, A. D. 1918, that the Cit1 Treaaurer, H. N. Patton, be and he 1• herebJ authorized and dlreoted ~ pa~ \o the aa1d Glen A. Izett, the aum or 156.1' out ot ~ mone~• in hla hand• to th• credit ot aaid diatr1ct on account or engineering espenaea. Thereupon Councilman Cul11aon moved the adoption ot aaid reaolutlon •• read. Couno11119D Col• aeoond•d aaid motion. Upon Roll Call the oouncllmen present voted aa tollowa; A~•; Eagleton, Cul11aon, Johnaon, Thompson, Tiedt and Cole. Na1, none. Mayor so ordered. Alderman Eagleton Moved) Cole Seconded) That there being no further buaineaa betore the council, Council adjourn. Roll Call: Cole, Aye. Cullison, Aye. Eagleton, Aye. Johnson, Aye. Thompson, Aye. Tiedt, AJ•· G. Ayes, Nayea none. Mayor ao ordered. Minut .. or lpecial Call ~eet1ng or the City Council ot the oity of Englewood, Colorado, stand approved as read, this 9th, day of October, 1922. f.'f'tr~a. .-4 . "