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HomeMy WebLinkAbout1965-02-01 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 1, 1965 The City council of the City ofEnglewood, Arapahoe County, Colorado, met in regular session on Monday, February 1, 1965, in the Council Chambers, City Hall, Englewood, at the hour of 8:00 P.M. Mayor Love presiding called the meeting to order and the invocation was given by the Reverend Barry Kimbrough of the Englewood Methodist Church. The Mayor asked for roll call. Upon the call of the roll, the following per- sons were present: councilmen: Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Also Present: City Manager Dial, Absent: None. Administrative Assistant Malone, Assistant City Attorney Criswell, City Clerk Chase. The Mayor declared a quorum present. COUNCIL MINUTES The minutes of the regular Council meetinf of January 4, 1965, and the regular Council meeting of January 18, 1965, were submitted. Councilman Rice conunented as to the release of the various minutes of boards and Council until they were officially adopted. COUNCILMAN FULLERT8N MOVED, COUNCILMAN HANSON SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 4, 1965 AND JANUARY 18, 1965, BE APPROVED AS CORRECTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Wilbur Wright, 6088 South Lakeview, Littl ton, was present to present an application of a transfer of liquor license from Frontier Liquors, 3511 South Broadway, to 3485 South Bannock. He was represented by Mr. Ralph Taylor, Attorney. COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECONDED, THAT THE APPLICATION BE RECEIVED TO BE PROCESSED AND THE PUBLIC HEARING BE SET FOR MARCH l, 1965. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. William D. Forington, 2812 South Quintman, was present to discuss the loca- tion of a club at the corner of South Bannock Street and Girard Avenue. Discussion ensued as to proper zoning, parking area and the legality of allowing dancing. Council advised Mr. Forington to file an application so that proper action could be taken. The mintues of the Planning and Zoning Conunission meeting of January 6, 1965, and the special meeting of January 13, 1965, were received for the record. The minutes of the Water and Sewer Board meeting of January 26, 1965, were received for the record. The Water and Sewer Board reconunended the appcoval of an easement granting instrument and an amendment to the City-Martin Company lease. COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECONDED, THAT THE ATTORNEY DRAW UP AN ORDINANCE APPROVING SUCH A GRANT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Hanson, Kreili.ng, Rice, Love. 579 580 Minutes of February 1, 1965 Abstaining: Councilman Fullerton. Nays: None. Absent: None. The Mayor declared the motion carried. The Water and Sewer Board reconunended the approval of inclusion of additional land in Southgate Sanitation Distr~ct. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Counci l men Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. The minutes of the Career Se•vice Conunissioners meeting of January 20, 1965, were received for the record. Councilman Fullerton conunented on receiving the minutes earlier, and Councilman Kreiling conunented in regard to City Council having an informal meeting with the Career Service Conunissioners in regard to some changes in rules. Minutes of the Parks and Recreation Conunission meeting of January 21, 1965, were received for the record. A letter from the City of Sheridan regarding the annexation of territory in which the City of Englewood owns property was submitted. COUNCILMANJ.tEILING MOVED, COUNCILMAN ALLEN SECONDED, THAT THE LETTBR ·'BE RECEIVED AND REFERRED TO THE PLANNING AND ZONING COMMISSION TO SEEK ADVISE FROM THE CITY ATTORNEY AND MAKE RECOMMENDATION TO COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. A letter fran Mr. Harold Sampson, President of Wilkerson Corporation, concerning the city-owned property between Mansfield and Lehigh on South Kalamath was received. COUNCILMAN BRAUN MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE LETTER BE RECEIVED AND TAKEN UNDER ADVISEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. A report on the Firemen's Pension Fund and the Policemen's Pension Fund of receipts and disbursements for the period ending December 31, 1964 were received. The suggested time schedule for completion of Paving District.No. 14 was received. Introduced as a Bill by Councilman Allen A BILL FOR AN ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR THE SALE BY THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, TO JACK E. WAGENBLAST, OF A CERTAIN PORTION OF REALTY FOR WHICH THE CITY NO LONGER HAS ANY USE, THE TERMS OF WHICH AGREEMENT ARE SET FORTH IN THE BODY OF THIS ORDINANCE IN FULL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The Mayor and the City Clerk are hereby authorized and directed on behalf of the City of Englewood, Colorado, a Municipal Corporation, to sign and execute an Agreement for the sale of the property described below, the terms of which shall read as follows: I I I I I I I I I Minutes of February 1, 1965 AGREEMENT THIS AGREEMENT, made this day of , 1965, by and between JACK E. WAGENBLAST, hereinafter referred to as "Purchaser" and the City of Englewood, a Colorado municipal corporation organized pursuant to Article XX of the Constttution of the State of Colorado, hereinafter referred to as "Seller": WITNESSETH: WHEREAS, Seller presently owns a certain parcel of realty,together with a certain building located thereon, located in the City of Englewood, County of Arapahoe and State of Colorado, which realty is described as follows, to-wit: and, A portion of Section 34, Township 4 South Range 68 West of the 6th P.M., and all of Lots 1 and 2, FLOOD'S ADDITION TO ENGLEWOOD, according to the recorded plat thereof, in the County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Lot 2, FLOOD'S ADDITION TO ENGLEWOOD: thence North, along the West line of Bannock Street 175 feet: thence West and parallel with the South line of said Lot 2, 233.5 feet: thence South, parallel with the West line of South Bannock Street 175 feet, more or less to the point of intersection with the South line of said Lot 2, extended Westerly: thence East along said South line of Lot 2 as extended, 233.5 feet to poin ~ of beginning. WHEREAS, said realty and building were, previous to January 1, 1965, being used by said Seller as a City Hall, but the passage of People's Ordinance No. 3, Series of 1964, authorized and directed the City Council of Seller to execute a lease to obtain possession of another portion of realty, together with improvements thereon, described in said Ordinance for the use thereof as the City Hall of Seller and to abandon use of the hereinabove described realty and building: and WHEREAS, pursuant to the directions contained in said Poeple's Ordinance No. 3, Series of 1964, authorized agents of sa•• City have executed said lease, so that the -·hereinabove .described realty and the building located thereon no longer constitutes the City Hall of Seller, but it is being used merely as temporary quarters pending removal to that realty described in said Ordinance, and said City shall have no use for said realty or ·building sub- sequent to said removal: and WHEREAS, Purchaser is desirous of buying the hereinabove described realty but has no use for, and does not desire to buy, the building located thereon: and WHEREAS, the City Council of Seller, after due investigation has deter- mined that the price Purchaser is willing to pay for said realay, without said building, is equal to the value of said realty and said building, toge- ther; and lfHEREAS, by reason of the foregoing Seller desires to sell to Purchaser the aforesaid realty, but to retain title to the building thereon: NOW THEREFORE, it is hereby covenanted and agreed as follows: 1. In consideration of Seller ... s ·j conveyance to Purchaser by general warranty deed to Seller's title to the hereinabove described realty, without the building presently located thereon, and of the performance by Seller of the other obligations hereby assumed by it, Purchaser agrees to pay to Seller the total sum of $176,000.00, which sum shall be paid to Seller in the following manner: A. The sum of $9,600.00 to be paid upon the exeuction of this Agreement, receipt of which is hereby acknowledged by Seller: B. The remaining balance of $166,400.00, plus or minms adjustments for water and sewer service fees and prepaid insurance premiums, which shall be pro-rated to the date of the delivery of the deed, shall be paid at the time of the closing of title. 2. Title to said realty shall be closed on or before April 5, 1965, at which time Seller shall deliver to Purchaser a good and sufficient warranty deed, conveying the aforementioned realty, but not including the building pre- sently located thereon, to Purchaser, his heirs and assigns, fee and clear of any liens, encumbrances, restrictions or reservations, except for the following: 581 582 Minutes of February 1, 1965 A. Those restrictions described in the conunitment for title insurance referred to in paragraph 3 hereof: B. Those restrictions contained within that agreement between Seller and New Englewood, Inc. referred to in paragraph 7 hereof: C. Any lien for taxes, the payment of which becomes due sub- sequent to delivery of said deed. Seller shall, however, retain and reserve unto itself, its successors and assigns, a right-of-way in, upon, through, under and over that part, or parts, of said realty upon which there presently exist lines, pipes, con- duits, and other equipnent for the providing of gas, water, electric, sewer and other utility services to said realty, for the purpose of the maintenance, repair, and replacement thereof: provided, however, that said lines, pipes, conduits and other equipment may be relacated by Purchaser at Purchaser's expense if Seller's consent is first obtained, which consent shall not be unreasonably withheld, in which case Purchaser shall grant to Seller a simi- lar right-of-way over that portion of said realty to which said lines, pipes, conduits, and other equipment may have been relocated. Simultaneously with the delivery of the deed, Purchaser shall pay to Seller the amount agreed to be paid by reason of the provisions of paragraph 1 B hereof. 3. Purchaser acknowledges that he has been furnished a conunitment for a title insurance policy, issued by the Arapahoe Land Title, Inc., and that the same shows merchantable title to said realty to be in Seller. Seller agrees that it shall, at its expense, procure the issuance to Purchaser of a policy of title insurance in the face amount of $186,500.00, not more than thirty (30) days subsequent to the closing of title. Should any litigation be commenced or instituted prior to the issuance of said pnlicy to title in- surance which attacks, either directly or indirectly, this contract of sale, the ordinance authorizing Seller to execute the same, or the Purchaser's title theretn, Seller .. agrees to defend said litigation. 4. Purchaser agrees to pay all fees or other obligations earned or incurred, by William K, Parchen or Par-Mac Realty, Inc., or any other real estate agent or broker, in connection with this transaction and ~grees to, and does hereby, indemnify Seller against any and all claims which may be made by either the said William K, Parchen or Par-Mac Realty, Inc., or any ooher real • estate agent or broker, against Seller, as a result thereof. 5. Possession of said realty shall be delivered to Purchaser at the time of the delivery of the deed: provided, however, that Purchaser shall not be entitled to possession of the building located thereon: and, provided further, that Seller shall have the option of continuing to occupy said build- ing ind realty after delivery of said deed to Purchaser for a period not to extend beyond the 31st day of December, 1965, by paying to Purchaser a sum equal to interest at the rate of 6~ per annum on the purchase price ($176,000.00) fran the date of the closing of title to the date that Seller removed from said building, to be paid in monthly installments on the first day of each month subsequent to the date upon which title is closed and continuing during the period of Seller's occupancy. Should Seller exercice said option to con- tinue ir. occupancy, Seller further agaees to pay to Purchaser that portion of any ad valorem realty taxes becoming due and payable subsequent to the closing of title, if any, and that portion of any insurance premiums paid, which is attributable to the period of Seller's occupancy. 6. Subsequent to the time that Seller removed from the building presently locaed on the realty hereinabove described, it is agaeed that Purchaser shall cause the same to be demolished and that Purchaser shall be entitled to possession of said building for the sole and only purpose of demolishing the same. Title to said building shall remain in Seller during the period of demolition and until the same is completed, except that in consideratmon of Purbha•er's demolition thereof, it is agreed that Purchaser shall be entitled to all materiala and salvage resulting therefrom. All such demolition work shall be carried on at the sole and exclusive expense and responsibility of Purchaser and Purchaser shall indemnify and save Seller harmless from any and all claims of whatsoever nature which may, or could, arise therefrom (except any claim which attacks the right of Seller to de- molish, or authorize the demolition of, said building). 7. It is expressly acknowledged by the parties hereto that Seller has executed an agreement, dated May 20, 1964, with that Colorado corporation known as New Englewood, Inc., pursuant to People's Ordinance No. 1, Series of 1964, wherein and whereby Seller has agreed to sell and convey said corporation, on or before December 31, 1965, certain realty therein described, which realty lies in part, to the North and West of the realty described here- in. Should 3aid agreement between Seller and New Englewood, Inc. for any reason not b ·~ ... cuted so that said New Englewood, Inc. does not receive title to the realty which is the subject of that agreement, then, and in that event, Seller agrees to grant to Purchaser an easement and right-of-way, I I I I I 1. I I Minutes of February 1, 1965 thirty feet wide, over and across the re~lty lying to the North of the realty herein described, to be used for the purpose of vehicular ingress and egress from Floyd Avenue to the realty described herein. Said easement of right-of- way shall be gaanted no earlier than January 1, 1966, shall be granted only at a time, if at all, when it has been unequivocally established that the agreement between Seller and New Englewood, Inc. has been rescinded, or otherwise not executed, and shall be over and across that specific portion of the realty lying to the North of the realty described herein as may be determined by mutual consent of the parties hereto. 8. It is represented by Seller to Purchaser that said realty is pre- sently included within that zoning district known as "B-1" pursuant to Ordinance No. 16, Series of 1964, but that neither this representation, nor any other provision hereof, shall be interpreted or construed to impose any limitation or restriction, either contractual or otherwise, upon -the authority of the City Council of Seller to legislate upon the subject matter of the limitation or restriction of use of the realty herein described in the exercice of its legislative di~cretion for the protection and promotion of the public health, safety and welfare of the citizens and residents of the City of Englewood. 9. Time is of the essence hereof, and if any payment or any other con- dition hereof is not made, tendered or performed by Purchaser as herein pro- vided, then this contract for sale shall be void and of no effect, and both parties hereto shall be released from all obligations hereunder, and all pay- ments made hereon shall be retained by Seller as liquidated damages. ' IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Jack E. Wagenblast, Purchaser THE CITY OF ENGLEWOOD Mayor ATTEST: Passed on First Reading by the City Council of the City of Englewood, Colorado, this 1st day of February , 1965, and ordered published in full in the Englewood Herald and Enterprise. Mayor ATTEST: . COUNCILMAN ALLEN MOVED, COUNCILMAN FULLERTON SECONDED, ~~ THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THg ~ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted a~ follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilmen Rice and Fullerton A BILL FOR AN ORDINANCE VACATING A PORTION OF A DEDICATED ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, FLOOD'S ADDITION: THENCE NORTH ALONG THE WEST LINE OF LOTS 1 AND 2 A DISTANCE OF 97 FEET TO THE NORTHWEST CORNER OF LOT 1, FLOOD'S ADDITION: THENCE WEST ALONG THE NORTH LINE OF LOT 1 EXTENDED A DISTANCE OF 16 FEET TO A POINT: THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF LOTS 1 AND 2 A DISTANCE OF 97 FEET TO A POINT ON THE SOUTH LINE OF LOT 2 EXTENDED: THENCE EAST ALONG THE SOUTH LINE OF LOT 2 EXTENDED A DISTANCE OF 16 FEET TO THE POINT OF BEGINNING, ALL IN THE SE~, SECTION 34 T 4 S, $ 68 W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 583 584 Minutes of February 1, 1965 Section 1. That the hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and hereby is declared vacated pursuant to the provisions of Section 13, Article 1, Chapter 120, Colorado Revised Statutes 1953 as amended, and that title thereto shall vest in the owners of abutting land, as provided in said Chapter 120: said vacated land being particularly described as follows: Beginning at the Southwest corner of Lot 2, FLOOD'S ADDITION: thence North along the West line of Lots 1 and 2 a distance of 97 feet to the Northwest corner of Lot 1, FLOOD'S ADDITION: thence West along the North line of Lot 1 extended a distance of 16 feet to a point: thence South along .a line parallel to the West line of Lots 1 and 2 a distance of 97 feet to a point on the South line of Lot 2 extended: thence East along the South line of Lot 2 extended .a distance of 16 feet to the point of beginning, all in the SW~, Section 34, T 4 S, R 68 W of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado. Section 2. That the hereinabove described land is located entirely within the City of Englewood, Colorado, and does not constitute a boundary line between the City of Englewood and any county or other municipality. Section 3. That the vacation of the hereinabove described alley will not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. That the City of Englewood does hereby expressly reserve the rights- of-way or easements for the continued use of existing sewer, gas, water, or similar pipe lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone, and similar lines and appurtenances, if any, now located i n the herein- above described part of the City of Englewood. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 1st day of February, 1965, and ordered published in full in the Englewood Herald and Enterprise. Mayor ATTEST: ---a4 ~ -<?Ls~ City Clerk COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HRALD AND JBTERPRISE. Upon the call of the roll, the vote res•lted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. The Assistant City Attorney gave a report on the following court cases: Cinderella City Brookridge Annexation Sales Tax Councilman Braun introduced a resolution of intention for the formation of Paving District No. 15. RESOLUTION A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT DISTRICT IN THE CITY TO BE KNOWN AS PAVING DISTRICT NO. 15, ENGLEWOOD, COLORADO: ADOPTING DETAILS AND SPECIFICATIONS THEREFOR: AND ORDEREDING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVF.MBNTS IN SAID DISTRICT. WHEREAS, Petitions have been presented to the City Clerk requesting the cons- truction and installation of street improvements on certain streess and avenues within the City of Englewood, which Petitions have previously been examined by the City Engineer to determine the accuracy thereof: and WHEREAS, the City Council of Englewood, Colorado, has determined to create Paving District No. 15 in said City and to order the construction of the street and alley improvements therein as more particularly specified in the form of Notice hereinafter set forth, including the improvements on those streets and avenues for "1ich Petitions have been received: and I I I I I I I Minutes of February 1, 1965 WHEREAS, the City Council has heretofore adopted a preliminary order di- recting the City Engineer to make the necessary preliminary surveys, estimates and maps as required by provisions of the City Charter and Ordinance No. 8, Series of 1959, as amended by Ordinance No. 17, Series of 1959, of said City: and WHEREAS, the City Engineer, pursuant to said Order, has prepared preliminary surveys, estimates and maps in connection with proposed Paving District No. 15, which are now on file with the City Clerk: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That said Engineer's reports, together with the details, specifications, estimates, maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by this Council for use in the construction of the improvements to be made in said Paving District. 2. That the materials to be used in constnucting the proposed improvements are stated in the Notice hereinafter set forth. 3. That the assessments to be levied for said improvements shall be due and payable within thirty days fran and after the final publication of the ordinance assessing the whole actual cost of said improvements against the real property in said District: provided, however, that any owner who shall pay his full assessment within said period of thirty days, shall be entitled to an allow- ance of five per cent (5%) of the amount so assessed against his property and paid by him. In case any owner of real estate shall fail to pay the whole of such assessment against his property within said thirty days, then the whole cost of said improvements so assessed against his property shall be payable in ten equal annual installments of principal, with interest on unpaid install- ments at the rate of 6" per annum, payable annually: the first of said instal- lments of said principal and interest shall be due and payable at such time as may be determined in and by the assessing ordinance, and the remainder of said annual installments of principal and interest shall be due and payable succes- sively on the same day in each year thereafter until all are paid in full. 4. That the property to be assessed for said improvements shall be the property within the District specially benefited by said improvements and more particularly described in the Notice hereinafter set forth. 5. That there shall be p~epared an ordinance, in conformity with and under the provisions of the City Charter and said Ordinance No. 8, Series of 1959, as amended by Ordinance No. 17, Series of 1959, creating within the corporate limits of said City a local improvement district to be known as Paving District No. 15: providing for the construction in said District of the improvements, ~ . as is in this Resolution set forth and described, and in accordance with the report, plans, maps, specifications, details and estimates of the Engineer of said City, herein referred to and now on file in the office of the City Clerk. 6. That the proposed ordinance will be introduced as a Bill at the regular meeting of the City Council at 8:00 o'clock P.M., on the 1st day of March, 1965. 7. That Notice of the proposed improvements be given by the City Clerk and published in the Englewood Herald and Enterprise, a newspaper published and of general circulation in said City, in three consecutive weekly editions, therein giveing Notice to the owners of the property to be assessed of the matters and things required by law. At or about the time of the first publi- cation, Notice shall also be given by prepaid mail to all known owners of property to be assessed with the cost of said improvements. The Notice to be published shall be in substantially the following form: NOTICE OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 15, TO MAKE CERTAIN STREET, AVENUE AND ALLEY IMPROVEMENTS THEREIN AND FOR A HEARING THEREON. All owners of real estate and property hereinafter described, and all pwzraOBs generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to its own order under the provisions of its Home Rule Charter, has adopted full details, plans and specifications for the construction of street, avenue and alley improvements and appurtenances in and for a proposed local improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 15. Said persons are further notified as follows: PAVING DISTRICT #15 (a) Kinds of improvements proposed are: 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed: together with appurtenances and incidentals on the following streets and avenues: 585 Minutes of February 1, 1965 South Acoma Street West Bates Avenue South Elati Street South Grant Street South Grant Street South Grant Street East Layton Avenue South Lipan Street West Princeton Place South Sherman Street West Warren Avenue West Yale Avenue FROM TO south side of West Union Ave. north side of W. Layton Avenue east side of S. Tejon St. west right-of-way line of railroad south side of W. Jefferson south side East Jefferson Avenue south side of East Princeton Ave. south side of E. Quincy Avenue east side of South Pennsylvania south side of West Oxford Avenue east side of South Lipan St. south side of East Radvliff Avenue west side of Zuni Street east side of South Tejon Street north side of West Kenyon Avenue south side of East Kenyon Avenue north side of East Quincy Avenue north side of E. Radcliff Avenue west side of South Pearl Street north side of West Quincy Avenue easterly 132' ;south side of Stanford Avenue east side of Vallejo Street west right-of-way line of railroad 2. Neceesary grading and excavation, paving with 8" compacted gravel base course and 3" asphaltic concrete surface, concrete walks, curg and gutter where not already installed: together with appurtenances and incidentals on the following streets and avenues: South Clarkson Street South Huron Street West Kenyon Avenue South Tejon Street centerline East Yale Avenue south side of West Layton Ave. West side of s. Bannock Street south side of W. Dartmouth Ave. south sidw Amherst Avenue north side of West Belleview east side of South Delaware St. south side of W. Yale Avenue 3. Necessary grading and excavation, Phase I paving with 6" compacted gravel base course and 2" aaphaltic concrete surface, concrete walks, curb and gutter where not already installed: together with appurtenances and incidentals on the following streets and avenues: this will be followed at some later date with Phase II which will consist of 2" asphaltic concrete overlay, the cost of which will then be assessed against the benefited property South Kalamath Street South Kalamath Street South Kalmnath Stre~ S~ West Kenyon Avenue West Lehigh Avenue South Lipan Street South Lipan Street West Mansfield Avenue South Mariposa Street West Nassau Avenue Santa Fe Lane south side of W Kenyon Avenue south side of West Lehigh Avenue south side of West Mansfield Ave. west side of South Jason Street west side of South Jason Street South side West Kenyon Avenue south side West Mansfield Ave. west side South Jason Street south side of West Mansfield Ave. east si•e of West Kalamath Ave. center line of West Kenyon Avenue north side of West Lehigh Avenue north side of West Mansfield Avenue north side of West Nassau Avenue city limit line in Santa Fe Lane east side Santa Fe Lane north side West Lehigh Avenue north side W. Nassua Avenue east side Santa Fe lane north side of West Nassau Avenue east side of Santa Fe Lane north side of West Oxford Avenue I I I I I • I I I Minutes .of February 1, 1965 (b) The assessments for said improvements may be paid in ten equal annual installments. (c) Said assessments will be due and payable without demand within thiety days from and after the final publication of an ordinance assessing the whole cost of said improvements against the real property in said District: provided, however, that any owner who shall pay his full assessment within said period of thirty days, shall be entitled to an allowance of five percent (5%). In case any owner of real property shall fail to pay the whole of such assessments against his property within said thirty days, then the whole cost of said im- provement so assessed against his property shall be payable in ten equal annual installments of principal, as aforesaid. The first of such installments of said principal shall be due and payable at such time as may be determined in and by the assessing ordinance, and the remainder of said installments shall be due and payable successively on the same day in each year thereafter until all are paid in full. (d) The rate of interest to be paid on unpaid and deferred installments shall be six percent (6%) per annum, payable annually. (e) The extent of the District to be improved shall be all of the real property fronting or abutting on the streets, avenues and alleys between the termini hereinbefore described, including the real property within one-half (1/2) block of such streets, avenues and alleys. Adjustments will be made for irregular and odd shaped lots and parcels of property. (f) As shown by the estimates of the Engineer, the probable total cost of said improvements in said District is $554,904.13, of which amount the City will pay approximately $98,639.85. Probable costs per front foot for said improvements are: Asphalt paving on streets 36' wide As;halt paving on streets 44' wide: A. 6" base course and 2" surface B. 8" base course and 3" surface Concrete alley paving 14' wide Curb, gutter and sidewalk Hollywood type Curb, gutter 11&rtical type Sidewalk 4' wide 6" concrete slap $4.65 $5.90 $7.00 $5.65 $3.20 $2.85 $2.60 $0.80 per square foot All estimates EXCLUDE the six percent (6%) for inspection, collection and incidentals and interest as provided by law. The cost of paving to be constructed along the sides of corner lots within said District shall be assessed against properties within one-half (1/2) block of such intersections and corner lots on a zone basis in accordance with benefits conferred on such properties. East one-half (1/2) block will be divided into 6 parallel zones and assessments will be on the following basis: 1st Zone abutting on street, atta~e or alley •.••••.....•••••.••.•.•• 28.55% Next Zone •.•••.••••••••••••••••••••••••••••••••••• 14. 2 9% Next Zone ••••••••••••••••••••••••••••••••••••••••• 14.29% Next Zone ••••••••••••••••••••••••••••••••••••••••• 14.29% Next Zone ••••••••••••••••••••••••••••••••••••••••• 14. 2 9% Next Zone ••••••••••••••••••••••••••••••••••••••••• 14. 2 9% Total •......•.....•.....••••••••••• 100% No assessments will be made for curbs, gutters and sidewalks in place Which conform with the plans and specifications for the proposed improvements and which are acceptable to the City Engineer. The cost of improving street, avenue and alley intersections throughout the District, and of paving in excess of 36' widths and 8" thickness on streets designated as arterial within residential zoning as of January 20, 1965, will be borne by the City of Englewood. Credit will be given for partial asphaltic concrete replacements on certain streets and avenues, and in amounts to be detennined by the City Engineer. 587 588 Minutes of February 1, 1965 Property owners are specifically referred to the schedule of proposed assessments on file in the Office of the City Clerk, fran which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Upon completion of said improvements, or as soon as the total cost thereof is definitely asceraained, such cost shall be apportioned to the property in the District. Notice of such apportionment shall be given and a Hearing will be held prior to the adoption of an ordinance aaaeaaing such coat, all as provided by law. (g) A Hearing on the creation of the District will be held by the City Council on the 22nd day of February, 1965, at the hour of 8:00 o'clock P.M. at the City Hall in Englewood: and a bill for an ordinance authorizing said improvements will be considered by the City ceuncil on the 1st day of March, 1965, at the hour of 8:00 o'clock P.M., or at an adjourned meeting thereafter, at the City Hall in said City. (h) A map, estimate and schedule showing the approximate amount to be assessed, and all resolutions and proceedings are on file and can be seen and examined by any person interested at the Office of the City Clerk at any time during business hours prior to the 22nd day of February, 1965. (i) All complaints and objections that may be made in writing concerning the proposed improvements, by the owner or owners or any real property to be assessed will be heard and determined by the City Council at the Hearing specified in the above paragraph (g) or at some adjournment thereof, before final action shall be taken. DATED the 1st day of February, 1965. (SEAL) Discussion followed as to assessment af intersections in the industrial area, the alley between South Acoma -South Bannock -West Girard to West Hampden and South Tejon Street, South of West Dartmouth to south side of West Evans Avenue. COUNCILMAN BRAUN MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE RESOLUTION BE AMENDED TO EXCLUDE THE ALLEY SOUTH ACOMA -SOUTH BAN190CK -WEST GIRARD - WEST HAMPDEN AND TO EXCLUDE SOUTH TEJON STREET FROM SOUTH SIDE OF WEST EVANS 'lU SOUTH SIDE OF WEST YALE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN BRAUN MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE RESOLUTION AS AMENDED BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. RECESS The Mayor called a recess of the Council at 10:30 P.M. CALL TO ORDER The Mayor called the meeting to order with the following persons present: Councilmen: Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Absent: None. The Mayor declared a quorum present. I I I I I I I I Minutes of February 1, 1965 City Manager Dial reported on proposed legislatmon of interest to the City of Englewood, namely, House Bill No. 1016 and .Bouse Bill No. 1044. House Bill No. 1044 would eliminate for the state and all state governmental agencies an immunity as to liability. COUNCILMAN FULLERTON MOVED, COUNCILMAN ALLEN SECONDED, THAT A RESOLUTION BE ADOPTED IN OPPOSITION TO HOUSE BILL NO. 1044. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Rice, Love. Nays: Councilman Kreiling. Absent: None. The Mayor declared the motion carried. A report was given on County sanitary land fill. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY MANAGER WORK WITH THE COUNTY AS TO THE FUTURE OF THE COUNTY SANITARY LAND FILL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT APPROVAL BE GIVEN TO A CROSSING AGREEMENT WITH DENVER AND RIO GRANDE WESTERN RAILROAD CC»tPANY FOR AN UNDERGROUND ELECTRICAL SUPPLY LINE CROSSING IN THE VICINITY OF WOLHURST, COLORADO. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, ·Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECONDED, THAT THE BILLS, CLAIMS, AND INVOICES AS APPROVED BY THE CITY MANAGER AND LISTED BY THE CITY CLERK FOR THE MONTH OF JANUARY, 1965 BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT PERMISSION BE GIVEN TO ENGLEWOOD JUNIOR CHAMBER OF COMMERCE TO HAVE A CAR WASH ON MARCH 6, 1965, ON THE PARKING LOT BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS UNDER THE SAME CONDITIONS AS WERE PERMITTED IN 1964. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. City Manager Dial reminded Council that Mr. Shumate of the State Highway Department had extended the turn on Hampden and Bannock until March 1, 1965. Mr. John Jameson made the suggestion that information might be obtained fran the City of Denver as to draining waaer into the new Harvard Gulch Development Plan. A letter from Mr. Joseph Esch was read. COUNCILMAN BRAUN MOVED, COUNCILMAll HANSON SECONDED, THAT THE RESIGNATION OF MR. ESCH, CITY ATTORNEY, BE EFFECTIVE APRIL 1, 1965. Upon the call of the roll, the vote resulted as follows: 589 590 Minutes of February 1, 1965 Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. Mayor Love announced the meeting of the Arapahoe Mayors on Thursday, February 4, 1965. A letter was read from Mayor Tom Currigan of Denver encouraging parti- cipation in the St. Patrick's Day parade to be held in Denver. The Matter of the Library Budget problem was again brought up as to scheduling a meeting and working out some solution. Councilman Fullerton inquired as to the status of the Citizens' Action Committee. It was agreed that Council would review the people who are on the committee and work out some way of activating this committee. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT MR. KEN CARLSON BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the motion carried. ADJOURN COUNCILMAN BRAUN MOVED, COUNCILMAN HANSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 12:30 A.M. /s/ Ray Chase, City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 1st day of February, 1965 A.O., stand approved as corrected this 1st day of March, 1965 A.O. ~~~~ y Clerk I I I I