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HomeMy WebLinkAbout1966-02-07 (Regular) Meeting Minutes198 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 7, 1966 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, February 7, 1966, in the Council Chambers, City Hall, Englewood, at the hour of 8:00 P.M. Mayor Pro-tern Fullerton presiding called the meeting to order and theinvocation was given by the Reverend E. G. Grenier of the Englewood Nazarene Church. The Mayor Pro-tern asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton. Also Present: City Manager Dial, City Attorney Criswell, City Clerk Malone. Absent: Mayor Allen. The Mayor Pro-tern declared a quorum present. COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE MINUTES OF THE JANUARY 3RD AND JANUARY 17TH REGULAR MEETING BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro-tern declared the motion carri•d. The Mayor Pro-tern recognized the following special citizen invitees and welcomed them to the Council meeting: Mr. Dennis O. Kelley, 2393 West Warren Avenue, Mr. Owen T. Gibson, 3182 South Gaylord Street, Mr. and Mrs. Everett Wright, 4190 South Lincoln Street, Mr. and Mrs. J. Grant Williams, 500 West Grand Avenue, Mr. Edward J. Leonard, 4401 South Clarkson Street. The Mayor Pro-tern also recognized Mr. Robert Shanks, City Councilman from Sheridan. Attorney Robert J. Flynn appeared before the Council on behalf of Mr. Anthony A'Costa, 3200 West Radcliff Drive, and submitted an application for a Liquor License for a restaurant and bar to be located at 3294 South Acoma Street. Accanpanying the appli- cation was a check in the amount of $325.90, a lease agreement for the preimises of t ' sf the new restaurant, three letters of recommendation and plans for the remodeling of the existing structure. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE APPLICATION FOR A THREE-WAY LIQUOR LICENSE OF MR. ANTHONY A'COSTA BE RECEIVED AND A PUBLIC HEARING BE SET ON SAME FOR MARCH 7, 1966, SUBJECT TO POLICE REPORT AND THE PROPER POSTING OF THE PR!JilISES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton. Nays: None. Absent: Mayor Allen. The Mayor Pro-tern declared the motion carried. Mr. Orion Miller, 3840 South Fox Street, appeared before the Council regarding a sewerage backage into his residence on Sunday, January 30, 1966. He described the details of the event by stating that at 4:30 P.M. on Sunday, January 30, 1966, sewer water began overflowing into his basement. A call for help was made to the Englewood Sewer Department and the work crew arr :·ived approximately one hour later, due to being on an emergency call at the time the cry for help was received. The water level became high enough in the basement to damage the washer, dryer, freezer and dishwasher appliances, water soaked rugs and other funiture and in general, did considerable damage to the Miller residence. Mr. Miller introduced others in attendance, who lived in the same area, and had experienced a certain amount of damage or loss from the backup of the sewer. They were as follows: Mrs. Earl Nack, Clarence J. Hein, Thomas R. Dodd, Kenneth Anderson, Mr. William Weeber, and Mr. Lester Allen. I I I I I I Minutes of February 7, 1966 Mr. William Dobratz, Utilities Director, showed diagrams of the sewer lines within the area and explained the rea11c:>n for the backup and details of the event. He stated that a towel was found in the sewer line along with an accumulation of other debris and that this material was the cause of this backage. The residents aaked for and received the name of the insurance adjustor, Paul Marken, ~. phone number 771-4812, and the Council referred the matter to the City Attorney and City Manager and Utilities Director for their further investigation. Mayor Allen entered the Council Chambers at 8:34 P.M. and was seated with the Council. Minutes of the Planning and Zoning Commission meeting of January 5, 1966, were received for the record and it was noted that the attached recommendation concerning the alley vacation in Block 1, Higgins Englewood Gardens had been acted upon at the reqular meeting of January 17, 1966. Minutes of the Board of Career Service Commissioners meeting of January 13, 1966, were received for the record. Minutes of the Water and Sewer Board meeting of January 18, 1966, were received for the record and a reconmendation concerning the execution of an agreement between the City of Englewood and the Board of Trustees of Kent School was considered. Dis- cuataion ensued. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT A LETTER OF AGREE- MDT BE EXECUTED BY THE CITY OF ENGLEWOOD AND THE BOARD OF TRUSTEES OF KENT SCHOOL 11BBREIN THE CITY OF ENGLEWOOD WILL AGREE TO VACATE EXISTING EASEMENT THROUGH THE KENT SCHOOL PROPERTY UPON THE GRANTING OF A NEW SIMILAR EASEMENT TO THE CITY OF ENGLEWOOD WITHIN THE RIGHT-OF-WAY OF THE PROPOSED NEW STREET THROUGH THE RIEGER PROPERTY BY THE PROPERTY OWNERS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Attorney requested that he be permitted to approve the form and contents of the letter. A reconnendation made as 'a part of the January 18, 1966, minutes of the Water and Sewer Board concerning HCR 1009 and Englewood's opposition to this legislation va• considered. After an explanation by the City Attorney describing the contents and ramifications of this legislation: COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE ENGLEWOOD CITY COUNCIL OPPOSE LEGISLATION AS PROPOSED IN HCR 1009 SUBMITTING A CONSTITUTIONAL AMENDMENT WHICH WOULD GIVE THE LEGISLATURE THE DISCRETION TO REQUIRE IN LIEU OF PAYMENTS OF BOW TAX EXEMPT PUBLIC PROPERTY, AND THAT ALL PROPER LEGISLATORS BE so ADVISED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. • The Mayor declared the motion carried. Minutes of the Parks and Recreation Commission meeting of January 27, 1966, e .. 1 •acaived for the record and a recommendation attached concerning the approval of an application for park land acquisition under the Water and Land Conservation Fund Act of 1965, was considered. The City Attorney and Mr. E. P. Romans, Parks and Recreation Di~ector, gave brief explanations of the Water and Land Conservation Fund Act of 1965, explaining that these funds were Federal monies but administered by the State and that the amount of monies available this year were limited, however, Bnglewood's application could be considered for future years funds. COUNCILMAN RICE MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE CITY COUNCIL APPROVE TBB APPLICATION FOR THE FOLLOWING PARK LAND ACQUISITION AND DEVELOPMENT UNDER THE WATER AND LAND CONSERVATION FUND ACT OF 1965: LUTHERAN PARK OUTSIDE SWIMMING POOL, BELLEVIEW DEVELOPMENT, LIGHTING HIGH SCHOOL TENNIS COURTS, AND DUNCAN PARK DEVELOPMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. 19~ 200 Minutes of February 7, 1966 Financial statements of the Firemen's and Policemen's Pension Funds for the year ending December 31, 196S, were received for the record. The City Manager gave brief remarks pointing to a gain in each fund over the previous year. A memorandum fran ~e Planning and Traffic Director regarding parking time limita- tions on South BroadwaJ?!onsidered • The memorandum pointed to recent studies made of the area fran the 3400 block South to Belleview and recanmended that a two hour time limitation be placed on the entire length of Broadway. This would involve a change in two blocks that now have four hour time limitations and two blocks that now have one hour time limitations. Councilman Kreiling inquired of the administrations progress in submitting a model traffic ordinance for Council consideration whereby the adminis- tration could make such changes without the necessity of amending the traffic ordi- nance. The City Attorney indicated that such a presentation should be made during the year 1966. Mayor Allen suggested that action on changing of time limitations on Broadway and any other area at this time be held off until the model traffic ordinance could be adopted. The Council concurred and no action was taken. Minutes of the Library Board meeting of January 11, 1966, were received for the record. Minutes of the Library Board meeting of February 1, 1966, were received for the record. Councilman Hanson repor~ed that the Sheridan School District had rejected the City's proposal wherein the School District would pay the City of Englewood a fee for bookmobile service. The Mayor requested the City Manager to determine the number of cards that had been issued for users of the Englewood Public Library from outside the City limits. The City council asked that a letter of appreciation be written to Mrs. Bess Oliner, retiring Chairman of the Library Board. The City Attorney explained that due to an anission in the bill for an ordinance an amendmmnt was necessary to the bill for an ordinance vacati'~ the alley in Block 1, Higgins Englewood Gardens. Introduded as a Bill by Councilman Fullerton A BILL FOR AN ORDINANCE VACATING AN ALLEY IN BLOCK ONE (1), HIGGINS ENGLEWOOD GARDENS, BUT RETAINING A UTILITIES EASEMENT THEREIN AND MAKING THE VACATION OF SAID ALLEY EFFECTIVE ONLY UPON THE RECORDING OF PROPER INSTRUMENTS TO CCBVEY TO THE CITY OF ENGLEWOOD FURTHER UTILITIES EASMENT OVER, THROUGH AND UNDER PORTIONS OF LOTS EIGHTEEN, NINETEEN AND TWENTY (18, 19 AND 20), BLOCK ONE (1), HIGGINS ENGLEWOOD GARDENS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Subject to the conditions hereinafter contained, that alley which presently is located upon a portion of Block One (1), Higgins Englewood Gardens, described as follows, to wit: Beginning at the Northeast corner of Lot 17, Block 1, Higgins Englewood Gardens: thence South along the East line1 of Lots 17 thru 2S said Block 1 a distance of 22S feet to the Southeast corner of Lot 2S, said Block 1: thence East 15 feet to the Southwest corner of Lot 26, said Block 1: thence North along the West lines of Lots 26 thru 34 said Block 1, a distonce of 225 feet: thence West 15 feet to the point of beginning: and Beginning at the Northeast corner of Lot 1, Block 1, Higgins Englewood Gardens, City of Englewood, Arapahoe County, Colorado, thence South along the East line of Lots 1 thru 16 a distance of 400 feet to the conunon corner on the East line of Lots 16 and 17: thence East a distance of 14 feet to the conunon corner on the West line of Lot 34 and Lot 3S: thence North and along the West line of Lots 3S thru SO a distance of 400 feet to the Northwest corner of Lot SO: thence west 15.0 feet to the point of begin•ing, is hereby vacated as a public alley and thoroughfare, but the City retains for use of the public an easement and right-of-way over, through and under the above-described realty for public utilities of all types. Section 2. The vacation of the aforesaid alley shall be dependent uponthe oc- currence of the condition contained within Section 2 of Ordinance No. ~2$' Series of 1965. -1 Section 3. City Counc61, City of Englewood, hereby finds, determines and declares that the foregoing Ordinance is needed inanediately for the preservation of the health, welfare, peace and safety of the City of Englewood in order to inanediately determine the property rights in and to the foregoing described realty, by reason of which it is hereby declared that this Ordinance shall become effective immediately upon final passage. I I I I I I I Minutes of February 7, 1966 Introduced and passed on first reading by the City Council of the City of Englewood, Colorado, at its regular meeting on the 7th day of February, 1966, and ordered published in the Englewood Herald and Enterprise. 7 Mayor ATTEST: COUNCILMAN FULLERTON K>VED, COUNCILMAN RICE SECONDED, THAT THE AMENDMENT BE AP- PROVED AND THAT THE BILL BE PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Came on for consideration the matter of applying for Federal Open Space Assis- tance Funds. The City Manager presented a summary of estimates for park acquisition and improvement program and reconunended that two items be added to the application. Item one is an automated irrigation system at a cost of approximately $38,500 of which the City's share would be $27,500 and the second item is the graveling, seal-coating of approximately four acres of parking areas at a cost of $16,000 of which the City's share would be $12,000. Council concurred with the City Manager's reconunendation and the resolution was amended to incorporate the cost of an automatic irrigation system and the graveling and seal-coating of approximately four acres of parking area. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT A RESOLUTION AU'l'HORIZING THE CITY' MANAGER OF THE CITY OF ENGLEWOOD TO APPLY FOR FEDERAL ASSISTANCE TO THE HOUSING AND HOME FINANCE AGENCY UNDER THE PROVISIONS OF TITLE SEVEN OF THE R:>USING ACT OF 1961 AS AMENDED BE ADOPTED. Upon the call of the roll, the vote resulted as fol~ows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Bays: None. Absent: None. The Mayor declared the motion carried. RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF ENGLllWOOD TO APPLY FOR FEDERAL ASSIS- TANCE TO THE HOUSING AND HOME FINANCE AGENCY UNDER THE PROVISIONS OF TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED. WHEREAS, Title Vtt of the Housing Act of 1961, as amended, provides for the mak- ing of grants by the Housing and Home Finance Administrator to States and Local public bodies to assist them in the acquisition and development of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of the urban area: and WHBREAS, the City of Englewood, Colorado, hereinafter sanet:D.es referred to as 'City", desires to acquire the fee simple title to certain realties (a description of each of which is set forth in an attachment hereto, which, by this reference, is incorporated herein), which realties are to be held, used and developed for perma- nent open-space land for parks and related recreational •ses: and WHEREAS, Title VIJOf the Civil Rights Act of 1964, and the regulations of the Housing and Home Finance Agency effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed: and WHEREAS, it is recognized that the contract for Federal grant will impose cer- tain obligations and responsibilities upon the City and will require among other things (1) assurances that families and individuals displaced as a result of the open-space land project will be relocated into decent, safe, and sanitary housing, (2) canpliance with Federal labor standards, and (3) compliance with Federal require- ments relating to equal employment opportunity: and WHEREAS, it is estimated thai;A:he cost of acquiring said interest will be Three Hundred Eighty Thousand, Eight Hundred Five Dollars, ($380,805.00): and 20j 202 • Minutes of February 7, 1966 WHEREAS, it is estima~ed that the cost of development of said land will be Two Hundred Twenty-Four, Thousand, Twelve Dollars and Twenty-Seven Cents ($224,012.27): and WHEREAS, it is estima~ed that there will be no costs incurred for any demolition or for the removal of any improvements from said realities: and WHEREAS, it is estimabed that the total amount of relocation payments to be made to eligible site occupants displaced from said property to be acquired will be Eight Hundred Dollars ($800.00); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD: 1. That an application be made to the Housing and Home Finance Age~cy for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimat·ed to be Three Hundred Two Thousand, Four Hundred Eight Dollars and Sixty Three Cents ($287,408.63), and that the City will pay the balance of the cost from the . funds available to it. 2. That the City Manager of the City is hereby authorized and directed to exe- cute and to file such application with the Housing and Home Finance Agency, to pro- vide additional information and to furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency, and to act as the authorized correspondent of the City. 3. That the proposed act1Uisition and development is in accordance with plans for the allocation of land for open-space uses, and that, should said grant be made, the City will acquire, develop, and retain said land for the uses designated in said application and approved by the Housing and Home Finance Aqency. 4. That the United States of America and the Housing and Home Finance ~dminis­ trator be, and they hereby are, assured of full compliance by the City with regula- tions of the Housing and Home Finance Aqency effectuatinq Title VI of the Civil Rights Act of 1964. 5. That there exists in the locality an adequate amount of decent, ss ·e and sanitary housing which is available to persons displaced, as a result of the open- apace land project, at prices which are within their financial means, and which are not qenerally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it is the sense of this body that such displacees, if any, will be relocated in accordance with applicable regulations of the Housing and Home Finance Agency. ADOPTED AND APPROVED this 7th day of February, 1966. ATTEST: ATTACHEMENT DESCRIPTION OF PROPOSED "BATES LOGAN PARK" Thia proposed park site would consist of three (3) parcels of land, described as follows: Parcel One Lots thirty-seven (37) through forty-eight (48), except the West eight feet (8') thereof, Arkells Subdivision, containing 0.871 acres more or less. Parcel 'l'Wo A tract of land in the Southeast Quarter (SE~) of the Northeast Quarter (NE~) of Section thirty-four (34), Township Four (4), South, Range sixty-eight (68) West, of the Sixt~ (6th) Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particularly described as: Beginning at a point nine hundred feet (900') North and three hundred twenty-six feet (326') East of the Southwest (SE) corner of said Southeast Quarter (SE~) of the North- east Quarter (NE~): thence North three hundred feet (300'); thence West one hundred sixty-three feet (163') to the point of beqinninq. Together with three quarters ctf an inch (3/4") water right from the City Ditch, containing 1.12 acres more or less. I I I I I I I Minutes of February 7, 1966 Parcel Three A tract of land in the Southeast one-quarter (SE~) of the Northeast one-quarter (NE~) of Section thirty-four (34), Township Four (4) South, Range sixty-eight (68) West of the Sixth (6th) Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado·, more particularly described as: Beginning at a point one thousand two hundred ninety feet (1290') North and four hundred eighty-nine feet (489') East of the Southwest (SW) corner of the Southeast one-quarter (SE~) of the Northeast one-quarter (NE~) of said Section thirty- four (34): thence East one hundred thirty-three feet (133'): thence South three hundred feet (300'): thence West one hundred thirty-three feet (133'): thence North three hundred feet (300') to the poin~ of beginning, together with one-half inch.(~·:> of ,~Bo~Lt:~~.,<;:i~YpRi~ch, containing 0.916 acres more or less. Beginning thi~~Y ~e~!BA~1~'J mluth of the Conunon one Quarter (~) corner of Section Eight (8) and Nine (9), Township Five (5) South, Range sixty-eight (68) West of the Sixth (6th) Principal Meridian, City of Englewood, county of Arapahoe, State of Colorado: thence North sixty-four degrees fifty-four minutes East (N64°54'E) a distance of four hundred ;fifty- two feet (452') more or less to the center line of the South Platte River: thence Southerly and along the center line of the South Platte River to its intersection with the conunon line of said Sections Eight (8) and Nine (I), said point being one thousand eight hundred ten and eight-tenths feet (1810.8') South of said common one-quarter (~) corner of said Sections Eight (8) and Nine (9): thence North along the conunon line of said Sections Eight (8) and Nine(9) a distance of four hundred eighty-eight and four tenths feet (488.4') thence Westerly on an angle to the left of ninety degress and ten minutes (90°10') a distance of three hundred forty-one and seven-tenths feet (341.7'): thence Northerly on an angle to the right of ninety degrees two minutes (90°2') a distance of one thousand two hundred eighty-seven and two-tenths feet (1287.2'), *o a point on the South line of West Union Avenue: thence Easterly on an angle to the right of ninety degrees (90°) and along the South line of West Union Avenue a distance of three hundred forty-four and two-tenths feet (3&4.2~) to the point of beginning. Subject to Right-of-way contracts appear- ing of record in Book Six Hundred Sisty-One (661) at Page Three Hundred SiKty eight (368), Book Six Hundred Sixty-One (661) at Page Three Hundred Sixty-Nine (369), Book Six Hundred Sixty-Two (662) at Page Four Hundred Eighty-Six (48S) and Book Six Hundred Sixty Five (665) at Page Three Hundred Thirty-Six (336) Arapahoe County Records. DESCRIPTION OF PROPOSED "JASON PARK" That part of the South one-half (I~) of the Southeast one-quarter (SE~) of Section Four (4), Township Five (5), South, Range Sixty-Eight (68) West, described as follows: Canmencing at the Northeast (NE~ cornwr of the South one-half (s~) of the Southeast one-quarter (SE~) of Section Four (4 ), Township Five (5) South, Range Sixty-Eight (68) West: thence West Nine hundred ninety feet (990'): thence South Six Hundred Fifty-Nine and Five- Tenths Feet (659.5') to the point of beginning: thence East three hundred thirty and five-tenths feet (330.5') along a line parallel to the North line of said eighty (80) acre tract of land: thence South six hundred twenty-nine and five-tenths feet (629.5') along the West line of South Jason Street as shown on plat of Oxford Heights recorded February 23, 1956, under reception No. 578295: thence West five-tenths feet (0.5'): thence South thirty feet (30') to the South line of said eighty (80) acre tract of land: thence West along said South line of said eighty (80) acre tract of land three hundred thirty feet (330'); thence North six hundred fifty-nine and five tenths feet (659.5') more or less to the point of beginning: except those parts described in Book 1028, at Pa.es 153 and 596, and in Book 1058, at Page 305, Arapahoe County Records. DESCRIPTION OF PROPOSED "DARTMOUTH PARK" Beginning thirty feet (30) South of the Common one Quarter (~) corner · of Sections Thirty-three (33) and Thirty-four (34), Township Four (4) South, Range sixty-eight (68) West, of the Sixth (6th) Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado; said pdnt being on the Wouth line of West Dartmouth Avenue; thence South along the conunon line of said Section Thirty-three (33) and Thirty-four (34) a distance of sixty- aeven (67) feet; thence East and parallel to the North line of said Section · Thirty-four (34) a distance of one hundred feet (100'): thence North and parallel to the conanon line of said Sections Thirty-three (33) and Thirty- four (34) a distance of sixty seven (67) feet to the South line of West Dartmouth Avenue a distance of three hundred ninety and thirty-five one- hundredths feet (390.35') to the Northeast (NE) corner of Lot 2, Block 1, Corder Subdivision; thence South along the Easterly lot lines of Lots L through 11, Corder Subdivision, extended to the South line of West Bae~an Avenue a distance of six hundred and seventy-six feet (676'); thence west along the South line of West Eastman Avenue a distance of six hundred and seventy-six feet (676'); thence West along the South line of West Eastman Avenue a distance of five hundred eight and thirty-five one-hundredths feet (508.35') more or less to the West line of South Huron Street; thence South along the West line of South Huron Street a distance of nineteen and three- Minutes of February 7, 1966 hundredths feet (19.03) more or less, said point being seven hundred twentj- five and three-hundredths feet (725.03') South and eighteen feet (18') West of the Camnon Quarter Corner of said Sections Thirty-three (33) and Thirty- four (34): thence West and parallel to the North line of the Southeast quarter (SE.) of Section Thirty-three (33) a distance of four hundred twenty and thirty-three hundredths feet (420.33') to the Eaaewrly right-of-way line of the Atchison Topeka and the Santa Fe .Railroad: thence Northeasterly along the Easterly right-of-way line of the Atchison Topeka and the Santa Fe Railroad a distance of seven hundred sixty-three and six-tenths feet (763.6') to the 8outh line of West Dartmouth Avenuet thence East along the South line of West Dartmouth Avenue a distance of one hundred nineth-eight and seven- tenths feet (198.7') to the point of beginning. Except South Galapago Street and West Eastman Avenue as platted and dedicated. RECESS The Mayor called a recess of the Council at 9:45 P.M. CALL TO ORDER The Mayor called the Council to order at 10:00 P.M. with the following members present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. The Mayor declared a quorum present. The City Attorney reported to Council the status of the DeMoulin annexation case and asked for guidance as to the City's pursuing this matter. He explained that this case could invalidate Littleton's annexation and that it will determine whichcity has jurisdiction in a situation where a petition for annexation was filed with the Clerk of the City vs the same being filed with the Council of a City. COUNCILMAN FULLERTON MOVED, THAT MR. DEMOULIN BE PERMITTED TO CARRY ON IN TRIAL COURT IN WHATEVER MANNER HE SO DESIRED AND THE CITY'S NAME BUT THAT CITY'S M:>NIES NOT BE EXPENDED FOR THIS PURPOSE. The Mayor declared the motion lost for lack of a second. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MATTER BE TABLED PENDING MR. DEMOULIN'S ATTENDING A COUNCIL MEETING AND EXPRESSING HIS DESIRES AND INTEREST IN THE MATTER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Allen. Nays: Councilman Fullerton. Absent: None. The Mayor declared the motion carried. The City Attorney reported that he had been meeting with the School Board and that an agreement is being prepared regarding the location of the new outdoor swimming pool at the Sinclair Junior High School and the joint use of this pool by both City and school and that such an agreement should be in the hands of t~e City Council by the end of the week. councilman Kreiling recommended that the Joint-City School Commission be re- activated and be utilized in matters such as this. The Council concurred and no action was required. The City Council reported a request from a Denver firm asking whether or not the Council would give consideration of a 3.2% Beer License before construction of a building upon a particular site. The City Attorney pointed out that the Council could legally do this. The general consensus of the Council was that advance approval of 3.2% beer applications could be made. The City Manager reported to Council that final plans for the outdoor swimming pool to be located at the Sinclair Junior High School had been approved by the Swimming Pool Canmittee, the School Board and the Parks and Recreatmon. He stated that the architect had requested the date of February 18th for receiving of bids. COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT FINAL PLANS AND SPECI- FICATIONS AS PRESENTED BY THE FIRM OF WHEELER AND LEWIS ARCHITECTS AND AS APPROVED BY THE PARKS AND RECREATION COMMISSION FOR AN OUTDOOR SWIMMING POOL TO BE LOCATED AT THE SINCLAIR JUNIOR HIGH SCHOOL BE APPROVED AND THAT A BID DATE OF FEBRUARY 18, 1966 AT 2:00 P.M., BE ESTABLISHED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. I I I I I I I Minute.a of February 7, 1966 RESOLUTION A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT DISTRICT IN SAID CITY TO BE KNOWN AS PAVING DISTRICT NO. 16, ENGLEl«>OD,COLORADO: ADOPTING DETAILS AND SPECIFICATIONS THEREFOR: AND ORDER- ING PUBLICATION AND MAILING OF NOTICE TO HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHEREAS, Petitions have been presented to the City Clerk requesting the con- struction and installation of street improvements on certain streets 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 Pav- ing District No. 16 in said City and to order the construction of 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 which Petitions have been received: and WHEREAS, the City Council has heretofore adopted a preliminary order directing the City Engineer to make the necessary preliminary surveys, estimates and maps as required by the provisions of the City Charter and Ordinance No. 14, Series of 1965: and WHEREAS, the City Engineer, pursuant to said Order, has prepared preliminary surveys, estimates and maps in connection with proposed Paving District No. 16, 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 constructing 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 pay- able within thirty days from and after the final publication of the ordinance assess- ing 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 allowance of five percent (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 the improvements so assessed against his property shall be payable in ten equal annual installments of principal, with interest on unpaid installments at the rate of 6% per annum, payable annually: the first of said installments 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 remain- der of said annual installments of principal and interest shall be due and payable successively 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 as more particularly described in the Notice hereinafter set forth. 5. That there shall be prepared an ordinance in conformity with the provisions of the City Charter and Ordinance No. 14, Series of 1965, creating within the cor- porate limits of said City a local improvement district to be known as Paving District No~ 16: providing for the construction in said District of the improvements, all 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 7th day of March, 1966. 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 giving 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 publication, Notice shall be given by pre- paid 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. 16, TO MAKE CERTAIN STREET AND ALLEY IMPROVEMENTS THEREIN AND FOR A HEARING THEREON. All owners of real estate and property hereinafter described, and all persons 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 20~ Minutes of February 7, 1966 details, plans and specifications for the construction of street and alley improve- ments and appurtenances in and for a proposed local improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 16. Said persons are further notified as follows: (a) Kinds of improvements proposed are: 1. Necessary grading and excavation, paving with 6 11 compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed: together with appur- tenances and incidentals on the following streets and avenues: .Q! FROM East Bates Avenue East side of South Logan Street South Elati Street South side of West Quincy Avenue South Fox Street South side of West Nassau Avenue East Girard Avenue East side of South Downing Street South Grant Street South side of East Quincy Avenue West Layton Avenue West side of South Mariposa Drive South Mariposa Drive South side of West Tufts Avenue South Pennsylvania Street South side of East Union Avenue TO West side of ,the City Ditch North side of West Rad- cliff Avenue North side of West Oxford Avenue West side of South Lafayette Street North side of East Radcliff Avenue West side of South Lipan Street North side of West Layton Avenue North side of East Layton Avenue 2. Necessary grading and excavation, paving with 8 11 compacted gravel base course and 3" asphaltic concrete surface, concrete, walks curb and gutter where not already installed: together with ' appurtenances and incidentals on the following streets and avenues: ON FROM West Bates Avenue East side South Zuni Street South Tejon Street South side of west Evans Avenue West Yale Avenue East side of South Tejon Street TO West side of South Tejon Street South side of West Yale Avenue West right-of-way of c & S Railway 3. Necessary grading and excavation, compacted sub-grade, and with 6 11 Portland cement concrete surface, for a total overall width of fourteen feet: together with appurtenances and other incidental work on the following alley: ON FROM Alley between South Grant South side of East Hampden Street and South Logan Street Avenue TO A point approximately 200 feet North of the North side of State Highway 70 (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 thirty 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 shallpay 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 s hall fail to pay the whole of such assessment against his property within said thirty days, then the whole cost of said improvement 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 install- ments 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. I I I I I I I Minutes of February 7, 1966 (e) The extent of the District to be improved shall be all of the real property fronting or abutting on the streets, avenues and alley between the termini herein- before described, including the real property within one-half (1/2) block of such streets, avenues and alley. Adjustments will be made for irregular and odd shaped lots and parcels of property. (f) As shown by theeetimates of the Engineer, the probable total cost of said improvements in said District is $235,400, of which amount the City will pay appro- ximately $49,900. Probable costs per front foot for said improvements are: Asphalt paving on streets 36' wide Asphalt paving on streets 44' wide Concrete alley paving 14' wide 4" thick curbwalk Vertical curb & Gutter Sidewalk 4' wide 6" thick Concrete Slap (per sq. ft.) $3.87 6.76 4.50 2.86 2.50 2.36 .79 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 six (6) parallel zones and assessments will be on the following basis: 1st Zone abutting on street, avenue or alley Next Zone Next Zone . Next Zone . Next Zone Next Zone Total 28.55% 14.29% 14. 29% 14.29% 14.29% 14.29% 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, 1966, will be borne by the City of Englewood. Property owners are specifically referred to the schedule of proposed assessments on file in the Office of the City Clerk, from which the approxi- mate 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 ascertained, 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 assessing such cost, all as provided by law. (g) A Hearing on the creation of the District will be held by the Council on Monday, the 28th day of February, 1966, 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 Council on the 7th day of March, 1966, 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 resolut~ons 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 28th day of February, 1966. (i) All complaints and objections that may be made in writing concerning the proposed improvements, by the owner or owners of 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 7th day of February, 1966. /8/ Claude D. Malone, Jr. City Clerk The Notice to be mailed to the owners of proprty to be assessed with the cost of said improvements, shall be in substantially the following form: 20 ' 208 Minutes of February 7, 1966 CITY OF ENGLEWOOD ARAPAHOE COUNTY, COLORADO YOU ARE HEREBY NOTIFIED That the City Council of the City of Englewood, C~lorado, has adopted a Resolution of Intention to create Paving District No. 16 in said City for the purpose of constructing paving, overlaying with asphaltic material, curbs, gutters and sidewalks (where existing improvements do not conform to City Specifica- tions) on certain streets and avenues and alley in said District, and to assess the cost thereof against the real property to be benefited by said improvements. You are specifically referred to the Notice of Intention to create said District, to be published in the Englewood Herald and Enterprise on February 10, 17 and 24, 1966, and to the plans, specifications and proceedings on file in the office of the City Clerk in said City. A Hearing on said proposal will be held by the City Council at a special meeting on Monday, February 28, 1966, at the hour of 8'00 o'clock P.M., at the Council Chambers in the City Hall, in Englewood, Colorado. DATED This 7th day of February, 1966. /s/ Claude D. Malone, Jr. City Clerk The above resolution was adopted and approved on the 7th day of February, 1966. ATTEST: The City Manager stated that he had received a petition and after reviewing the same and reconsidering the particular block concerned that he recommended that this block be deleted from the Paving District. The 2700 Block of South Emerson. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE 2700 BLOCK OF SOUTH EMERSON STREET BE DELETED FROM PAVING DISTRICT NO. 16. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE RESOLUTION AS AMENDED BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager reported that approximately 31 benches belonging to the Empire Bench Company and located throughout the City for advertising purposes had been re- moved from City street$ pursuant to action of the City Council at the regular meeting of August 16, 1965, and that said benches are now considered the property of the City. He further reported that two inquiries had been received regarding the placement of benches. One from the Taylor Insurance Company of Englewood and another from a Mr. Victor Highliger who is in the bench advertising business. The matter was discussed briefly as to whether or not the City desired to have advertising benches on City thoroughfares and the Mayor proceeded to appoint Councilmen Hanson, Ludwig and Parkinson to serve on a co111nittee to scu~y the matter and return a recommendation to Council. I I I I I I I I Minutes of February 7, 1966 The City Manager called to Council's attention the fact that there were two important dates with regard to the lease purchase of a new City Hall building, the date of January 1, 1968, at which time lease payments would become $110,752.00 per year, and the date of January 1, 1970 at which time land value no longer remains fixed and becomes subject to a new appraisal. The alternatives of bond issue, renegotiation of the present lease with a private concern, or the establishment of a public housing authority, were discussed briefly and it was the consensus of opinion that a decision to be voted upon in November, 1967 election would be desirable. To scu~ the matter and make recommendations to the Council, Mayor Allen appointed Councilmen Rice, Chairman, Fullerton and Ludwig. The City Manager distributed a sununary of out of state trips made by City emp- loyees during the years 1964 and 1965. A brief discussion followed regarding the necessity of Council approval of out of state trips and it was concluded that such approval was primarily informational. The City Manager presented a request for an out of state trip for a member of the Fire Department. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT APPROVAL OF AN OUT OF STATE TRIP FOR THE DEPUTY FIRE CHIEF TO ATTEND AN INSTRUCTORS CONFERENCE IN MEMPHIS TENNESSEE, MARCH 21 THROUGH THE 25, 1966 AT AN ESTIMATED COST OF $275.00, 11BICH HAS BEEN BUDGETED, BE APPROVED. Upon the .. ~all of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager presented a written resume discussing group insurance for City employees and presenting a possible program of increased City participation based upon years of service. COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE FOLLOWING PROGRAM BE ADOPTED FOR CITY PARTICIPATION IN GROUP HEALTH AND GROUP LIFE INSURANCE. YEARS OF SERVICE 0 through 4 years 5 through 9 years 10 years and over HEALTH INSURANCE $2.50 7.00 11.00 LIFE INSURANCE $2.50 3.00 4.00 Upon the call of the roll, the vote resulted as follows: TOTAL $5.00 10.00 15.00 Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager presented a memorandum from the Building Inspector stating that the Building Code Study Committee recommends that Mr. Fred Janssen, 2946 South Sherman, be appointed to that committee. COUNCILMAN KREILING K>VED, COUNCILMAN HANSON SECONDED, THAT MR. FRED JANSSEN, 2946 SOUTH SHERMAN, BE APPOINTED TO THE BUILDING CODE STUDY COMMITTEE TO REPLACE H. R. BRAUN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The C i ty Manager reminded the Council of the Eighth Annual Institute for Plan- ning Officials to be held at the University of Colorado in Boulder on February 18th through 19th, 1966. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE BILLS, CLAIMS AND INVOICES FOR THE MONTH OF JANUARY AS APPROVED BY THE CITY MANAGER AND LISTED BY THE CITY CLERK BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. 20 210 Minutes of February 7, 1966 The· Mayor announced the upcoming meeting of District 1 of the Colorado Munici- pal League to be held on February 17, 1966. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT MR. L. A. ROHBOHM BE REAPPOINTED TO THE WATER AND SEWER BOARD, AND THAT MR. HARRY FLEENOR BE REAPPOINTED TO THE ELECTION COMMISSION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared themotion carried. Councilman Rice called attention to the fact that the City of Littleton is post- ing an area inanediately South of Belleview for a zoning change from R-1 to B-3, for shopping center purposes. The change would involve Englewood residents located in R-1-A inanediately across the street and those living in the Signal Hill area. It was concluded by Council that the Planning Conanission should study the matter and if · deemed advisable should write the Littleton City Council expressing the City of Englewood's desires in the matter. The City Attorney discussed the progress in securing park sites and indicated that an offer to the Body estate of $30,000 had produced a counter offer of $32,000 with the Body estate paying off all paving assessments. COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY MANAGER, CITY ATTORNEY AND MAYOR BE AUTHORIZED TO ACCEPT ON BEHALF OF THE CITY THE BODY ESTATE OFFER OF SALE FOR $32,000, AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Attorney pointed out that the Skjerls were demanding $88,000, a price considerably above the City's appraised value, and asked guidance from the Council in this matter. COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY MANAGER, CITY ATTORNEY AND THE MAYOR BE AUTHORIZED TO PURSUE NEGOTIATIONS FROM THE SKJERLS WITHIN THE FRAMEWORK OF APPRAISED VALUE PLUS TEN PER CENT, AND IF SUCH NEGOTIATIONS FAIL THAT THEY BE FURTHER AUTHORIZED TO INSTITUTE CONDEMNATION PROCEEDINGS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT IF NO AGREEMENT~ HAS BEEN CONCLUDED WITH THE LUTHERAN CHURCH FOR PURCHASE OF THEIR PROPERTY AT A PRICE OF APPROXIMATELY $125,000 WITHIN TWO WEEKS, THAT THE CITY ATTORNEY BE AUTHORIZED TO INSTITUTE CONDEMNATION PROCEEDINGS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared themotion carried. Councilman Ludwig reported that the Lions Club has plans and designs for the relocation of the childrens train in City Park to the Belleview Park and that as a part of the new route there would be two bridges or trestles involved. He reported that the Club anticipated to spend $40,000 in the relocation of the train and the construction of a petting zoo. Councilman Ludwig, requested on behalf of the Lions Club, that the City permit the City Engineer to assist in the design of the two tre- stles. Council concurred in this request and referred the matter to the City Manager. I I I I I I I Minutes February 7, 1966 COUNCILMAN HANSON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 11:51 P.M. /s/ Claude D. Malone, Jr., City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 7th day of February, 1966, stand approved as written this 7th day of March, 1966. 21