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HomeMy WebLinkAbout1966-04-18 (Regular) Meeting MinutesI • I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 18, 1966 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, April 18, 1966, in the Council Chambers, City Hall, Englewood at ~he hour of 8:00 P.M. Mayor Allen presiding called the meeting to order and theinvocation was given by the Reverend Robert Peeples of the Free Methodist Church . The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Also Present: City Manager Dial, Absent: None. City Attorney Criswell, Deputy City Clerk Barron. The Mayor declared a .qumrum pr.esent. The Mayor recognized the following "Special Citizen Invitees" and welcomed them to the Council meeting: Mr. w. c McMillan, 3045 S. Galapago Street, Mr. & Mrs. Albert A. Barbier, 3190 S. Pennsylvania Street, Mr. W. w. Williamson, 4262 S. Acoma Street, Mr. H. Barth Palmer & Son, 3126 West Grand Avenue. Mr. Beryl Wallace, Chief Building Inspector, presented, on behalf of the Building' Code Study Committee, a new Building Code for the City of Englewood for Council consideration. The Mayor thanked Mr. Wallace and the Committee for the long hours of study and work in preparation of the new code. Mr. Theo Kuhlman and Mr. William Young, attorney for the Downtown Merchants Association, were present to discuss angle parking in the 3300 and 3400 blocks South Broadway. The council did not act directly on the matter but took it under advisement. Minutes of the Planning and Zoning Commission meetings of March 23 and 30, 1966, were received for the record. Minutes of the Housing Code Study Committee meeting of March 17, 1966, were received for the record. Minutes of the Board of Adjustment and Appeals meetings of March 15th and 29th were received for the record. Minutes of the Board of Career Service Commissioners meeting of April 5, 1966, were received for the record. Minutes of the Parks and Recreation Commission meeting of April 14, 1966, were received for the record. Introduced as a Bill by Councilman Rice A BILL • FOR AN ORDINANCE AMENDING SECTIONS 13.13 THROUGH 13.13-2, INCLUSIVE, OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, WHICH INCORPORATES THE PROVISIONS OF CERTAIN CHAPTERS OF THE FORMER BUILDING CODE OF THE CITY AND COUNTY OF DENVER, BY INCORPORATING THE PROVISIONS OF CERTAINCHAPTERS OF THE PRESENT BUILDING CODE OF THE CITY AND COUNTY OF DENVER, THE SAME BEING CHAPTERS 4 THROUGH 14, 17 THROUGH 36, 38 THROUGH 43, AND 45 THROUGH 50, EACH INCLUSIVE OF ORDINANCE NO. 1, SERIES OF 1965, AS ISSUED AND PUBLISHED BY THE CITY AND COUNTY OF DENVER ON JANUARY 16, 1965, SUBJECT TO CERTAIN EXCEPTIONS AND MODIFICATIONS CONTAINED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: SECTION L. Section 13.13, 13.13-1 and 13.13-2 of the Municipal Code of the City of Englewood are hereby amended to read as follows: "113.13 Denver Building Codes Adopted. There is hereby adopted, by reference, as a part of the Building Code of the City of Englewood, with the same force and effect as if the same were set forth herein in full, subject to the exceptions, modifications and amendments hereinbelow set forth, the following provisions of the following ordi- nances of the City and county of Denver, State of Colorado, to-wit: 255 256 April 18, 1966 (a) Ordinance No. 140, Series of 1949, as incorporated in Ordinance No. 132, Series of 1952, as issued and published in July 1953: Chapters 15, 16, 37, 44 and 51 through 54, inclusive. (b) Ordinance No. 1, Series of 1965, as issued and published on January 16, 1965: Chapters 4 through 14, 17 through 36, 38 through 43 and 45 through 50, each inclusive. 113.13-1 General Changes in Adopted Ordinances. The following general changes, modifications and amendments are hereby made to each of the ordinance provisions adopted by 113.13, to-wit: (a) Wherever the words "City and County of Denver" appear in the provisions of either of the said ordinances, such words shall be deleted and there shall be substituted therefor the words "City of Englewood"~ and wherever just the word Denver appears, it shall be deleted and there shall be substituted therefor the word "Englewood". (b) Wherever the words "Manager of Health and Hospitals" appears in Ordinance No. 1, Series of 1965, such words shall be deleted and there shall be substituted therefor the words "Tri-County Health Department". (c) Wherever the words "Article 234, Revised Municipal Code" appears in Ordinance No. 1, Series of 1965, such words shall be deleted and there shall be substituted therefor the words "NFPA, Pamplet 30". (d) Wherever the words "Chapter 16" or Ordinance Na. 14, Series of 1925, as amended" appear in the provisions of either of the said ordinances, such words shall be deleted and there shall be substituted therefor the words "Section 13.14 of the Revised Municipal Code." (e) Wherever the words "Denver rated" or "Denver rating" appear ;in the provisions of either of the said ordinances, such words shall be deleted and there shall be substituted therefor the words "high altitute rated" or "high altitude rating", respectively. 113.13-2 Specific Chanqes in Adopted Ordinances. (A) The following specific changes, modifications and amendments are hereby made in the provisions of Ordinance No. 14, Series of 1949, as incorporated in Ordinance No. 132, Series of 1952, hereinabove adopted: Section 1501. Change Division 2 to read as follows: Division 2. Fences, water tanks, towers, and retaining walls. Section 1502. Add at the end of paragraph (a) thereof the following sentence: Structures of sheet metal or corrugated metal shall not be permitted in residentialy zoned districts. Section 1508. In paragraph 2 of subsection (b) following the word "dwelling", and preceding the worB "provided" insert the following: "and a height of five feet from the rear of the dwelling to the back property line". In paragraph 3 of subsection (b) strike the last fifteen words thereof, beginning with the words "except that". In paragraph 6 of subsection (b) add the following sentence at the end thereof: In the case of a fence erected adjacent to and parallel with a retaining wall, but on the low side of such wall, the height of the fence may be measured from the top of the wall. In paragraph 7 of subsection (b) add the following sentence at the end thereof.: A rear yard fence for a distance of 15 feet back shall taper down to three feet six inches (3 1 6 11 ) on the street side property line. In paragraph 9 of subsection (b) add the following at the end thereof: Retaining walls in residentialareas shall not exceed three feet six inches (3'6") in height unless stepped back one foot for each one foot of additional height. Any variance must be approved by the board of adjustment and appeals. In paragraph 10 of subsection (b) delete the words "or when" in the third line thereof and substitute therefor the word "and". Section 1601. The entire chapter 16 is deleted since the subject matter is covered in section 13.14 of this municipal code. Section 3702. In subsection (b) delete-:t the· .entilre fobrth sentence which begins with the words "Existing chimneys". Section 3712. In the last sentence of subsection (i) delete the last part of the said sentence beginning with the words "in accordance with" and substitute therefor the words "with one quarter inch (1/4) mesh hardware cloth." I ' I I I I I I April 18, 1966 Chapter 44. Chapter 44 of Ordinance No. 140, Series of 1949, as incorporated in Ordinance No. 132, Series of 1952, has been superseded by Ordinance No. 136, Series of 1950, as contained in the appendix to the said code. The said appendix is also incorporated herein and adopted by reference, with the following changes: Wherever the words "Manager of Improvements and Parks" appear therein, the same are deleted and there is substituted therefor the words "City Engineer ". In section 3 of the said ordinance No. 136, the entire second and third paragraphs thereof shall be deleted and there shall be substituted therefor the following paragraph: The building department shall enforce the provisions hereof with rela- tion to construction and safety of walks, barricades, canopies, railings or fences. Permits shall be issued only after approval of the city engineer. Section 5115. In subsection (e) delete the wo2'ds "and Manager of Health and Hospitals". Section 5127. In subsection (a) delete the words "'revention Bureau"and substitute therefor the word ''Department" • Section 5158. In subsection (b) delete the words "Prevention Buaea1l of the City and County of Denver" and substitute therefor the word "Department". Section 5403. In subsection (d) strike all that part of the sentence begin- ning with the words "in accordance with". Section 5407. In the second sentence of subsection (f) strike all that part of the sentence beginning with the words "to relieve at" and substitute therefor the words "to comply with the state plumbing code as incorporated herein". In subsection (h) strike the word "receptacle" in the second sentence thereof and add at the end of the said sentence the words "or to the out- side in a manner approved by the building inspector". Add a new subsection (k) to read as follows: (k) A pressure reducing valve shall be installed to limit the prese•re on the housing piping to 75 PSI as provided in the Englewood Plumbing Code." (B) The following specific changes, modifications and amendments are hereby made in the provisions of Ordinance No. 1, Series of 1965, hereinabove adopted: Section 400-4. Add at the end of Paragraph "Garage, Repair" add a new paragraph as foli>ows: "Garaqe, Service, is any building or portion thereof used for change of parts only". Section 400-8. "See Chapter l" Code". After the paragraph Value or Valuation delete the words and add the words "See Section 13.7 of the revised Municipal Section 504. In the last sentence of Subsection (e) delete the last part of the said sentence beginning with the words "the Zoning Administrator" and substitute therefor the words, "Chief Building Inspector under authority granted in Ordinance No. 26, series of 1963". Section 511. In the first sentence delete the following words,· "Building Licensee Clas&A, B, c and home owners, Wrecking Licensees Class A and B" and substitute the following words "Building contractors, home owners and wrecking contractors". Section 910. In subsection (b) delete the last sentence beginning with the words "The Board of Health and Hospitals •••••• ". Section 1002. Add a new subsection (b) 6. to read as follows: "Blowout panels may be required in certain locations by the Chief Building Inspector". Section 1010. In subsection (a) in the first sentence after the words "Dry Cleaning plants" add the following words "using combustible solvents". In subsection (d) Sn the last sentence delete the following words "Article 762, Revised Municipal Code" and add the following words "Ordinance No. 26, series of 1963". Section 1011. In subsection (d)3. in the first sentence delete the following words "Chapter 53" and add the following words "Section 13.23 of the revised Municipal Code". Section 1109. In subsection (b) in the first sentence delete the following words "more than one" and insert the following words "one or more". Section 1110. In subsection (d) delete the following words, "Article 762, revised Municipal Code" ard substitute the words "Ordinance No. 26, Series of 1963". ~sr April 18, 1966 Section 1405. Add at the end of subsection (d) the following notation. "*See Section 109 -exceptions". Section 1409. Add at the end of this section the following sentence "A waste disposal shall not be required when J d,,,elling is connected to cteher-than a sanitary sewer" . Section 1715. In the first sentence delete the following words "article 633" and substitute the following words "Section 13.16 of the revised Municipal Code". In the third paragraph delete the following words "Article 633" and " Bdn1ng Administrator" and substitute the following words "Section 13.16 of Revised Municipal Code" and "Chief B"ilding Inspector". Section 2400. In the last sentence delete the following words "Chapter 1 of the Building Code" and substitute the following words "Section 13.9 of revised Municipal Code". Section 2601. In the first sentence delete the following words "Chapter 3" and substitute the following words "Chapter 13 of the revised Municipal Code". Section 2802. In subsection (c) paragraph 5 in the last sen~ence delete the following words "112 of the Building Code" and substitute the following words "27 of the revised Municipal Code". Section 2805. In subsection (a) in the first sentence after the words "Accessory building" insert the following words "of Type IV or V construction except masonry veneer buildings". In subsection (b) in the first sentence after the word "Group'! delete the letter "I" and substitute the letter "J". Section 2830. In the heading of the Table No. 28-A after th• words "Type III Buildings" add the following words "and Type V masonry veneer buildings". In Table No. 28-B under "NOTES" after the words"NO. 26-C" add the follow- ing words "also note exceptions in Section 2805". Section 3303. Under subsection (b) add a paragraph 3 as follows: "Plate glass doors shall have a division bar or be plainly marked". Section 3801. Add the following words at the end of Paragraph 4 "Denver Thread Specifications 3-3/32 OD x 8 thread -plus or minus -Root Diameter 2-29/32 ti. Section 3806. In subsection (a) in the last sentence delete the following wodls "Chief Engineer of the Denver Board of Water Commissioners" and substi- tute the following words "Utility Director". Section 3807. In subsection (d) delete the following words "Chapter 3" and substitute the following words "Section 13 of the revised Municipal Code". Section 3810. In the first sentence delete the following words "of the Denver Board of Water Conunissioners and the Denver" and insert the following words "approved by the Utility Director and the Englewood". At the end of the paragraph delete the following words "Denver Board of Water Commissioners" and add the following words "Utility Director". Section 4601. In subsection (3) 1. delete the following words "Class A Wrecker -$20,000/50,000 $100,000/300,000 and Class B Wrecker -$20,000/50,000 --$50,000/100,000" and add after House Mover the following word "wrecking". In subsection 2. at the end of the first paragraph delete the following words "Class A Wrecker" and add the following words "moving and/or Wrecker Contractor". Section 4602. In subsection (b) 3. delete the words "City Engineer" and "Denver Board of Water Conunissioner" and substitute the following words "Utility Department" in both places. Section 4613. In subsection (h) in the first sentence delete the following words "of twenty-five dollars ($25.00)" and "for out-of-city buildings" and in the first apace insert the following words "as provided in Section 13.11-3 of the revised Municipal Code". Section 4801. In subsection (d) delete the words "Chapter 3" and substitute the following words "Section 13 of the revised Municipal Code". Section 4810. In subsection (c) delete the words "Chapter 1 11 and substitute the following words "Section 13 of the revised Municipal Code". I I I I I I I I April 18, 1966 In subsection (e) delete the words "Chapter 53 of this Building Code" and substitute the following words "Section 13.23 of the revised Municipal Code". Section 4916. In subsection (d) delete the words "Chapter 53 of this Building Code" and substitute the following words "Section 13.23 of the revised Municipal Code". Section 5001.2.57.1. Delete the last part of the sentence beginning with the words 11 and it .•..... 11 • Section 5001.2.57.2. Delete the words "ord. 98, series of 1955". Section 5002.12. Delete the words "City Engineer: and substitute the follow- ing words "Utility Director". Section 5007.21. At the end of the paragraph add the following sentence. "Where both sex are employed toilet facilities shall be provided for each sex". Section or Table 5007.21.2. Add a paragraph 10 as follows: 11 10. All places that have employees of both sexes shall provide toilet facilities for each sex". Section 5013.1.1. Delete the words "City Engineer" and substitute the following words "Utility Director". Section 5015.A.l. In this paragraph delete the following words: "adopted by the Board of Health and Hospitals and promulgated by the Department of Health and Hospitals:" and substitute the following words "prescribed by the Tri- county Health Department". Section 5015.A.2.l. Delete the portion of the last sentence beginning with the words "In Section 301 ••••• " and add the following words "by the Tri-County Health Department". Section 5015.A.2.2. Delete this entire section. Section 5015 .A. 2. 3. Delete the word "department'.' in the last part of the sentence and insert the word "owner". Section 5016. Delete the last part of the sentence beginning with the words "by the Chief ••••• " and substitute the following words "and inspection of Tri-County Health Department". SECTION 2. Not less than three (3) copies of each of the Ordinances herein adopted shall be filed with the City Clerk on or befor5~iifteen (15) days prior to the date set for the public hearing upon this ordinance/Shall be kept by him for public inspection. Upon adoption of this ordinance, the City Clerk or the Chief Building Inspector shall keep a reasonable supply of copies of the said ordinances for sale to the public. Introduced, read in full, passed on first reading, ordered published as a Bill in the Englewood Herald and Enterprise and a public hearing set thereon for the 16th day of May, 1966, at a regular meeting of the City Council held on the 18th day of April, 1966. ATTEST: ;:::> Deputy City Clerk 1 COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND BBTERPRISE AND THAT PUBLIC HEARING BE SET FOR MAY 16, 1966, AT 8:00 P.M. 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. Introduced as a Bill by Councilman Fullerton A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF REALTY LOCATBD WITHIN THE CITY OF ENGLEWOOD, COLORADO, MORE PARTICULARL'YDBSCRIBED THEREIN, FROM R-3-B (MULTIPLE-FAMILY RESIDENTIAL) TO R-4 (RESIDENTIAL-.PROFESSIONAL) AND B-2 (BUSINESS) • 259 260 April 18, 1966 WHEREAS, the realty hereinbelow described has heretofore been placed in that zoning district commonly known as R-3-B (Multiple-Family Residential) in accordance with the provisions of Ordinance No. 26, Series of 1963, commonly known as the "Zoning Ordinance": and, WHEREAS, pursuant to the provisions of said Ordinance No. 26, Series of 1963, the owner of the realty described below has made application to the Planning and Zon• ing Conmission of the City of Englewood for a change in the zoning of said realty to . re-zone a portion thereof from R-3-B (Multiple-Family Residential) to B-2 (Business) and another portion thereof from R-3-B (Multiple-Family Residential) to R-4 (Residential-Professional), which Commission, after full and complete compliance with the provisions of said Ordinance and the rules adopted thereto, h~s submitted its report and recommendation to the City Council, wherein said Commission favorably recommended the aforesaid zoning changes: and, . ____ ·-_ WHEREAS, the City Council has heretofore held a public hearing upon this ordi- nance and has otherwise fully and completely complied with all necessa~y requ;rements for amending the zoning ordinance of this City: and WHEREAS, the public necessity, convenience, general welfare and g99~ ~9n~ng practices justify the proposed amendment to the said Ordinance No. 26, Series of 1963, as amended: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The hereinafter described property located within the City of Englewood, County of Arapahoe, State of Colorado, is hereby rezoned from R-3-B (Multiple-Family Residential) to B-2 (Business), and Ordinance No. 26, Series of 1963, as amended, together with the zoning map appended thereto, is hereby accord- ingly amended: All of Lots 2 and 3 and the East 50' of Lot 1 Ewing Subdivision, and the East 316' of Lot 16, Interurban Addition. Section 2. The hereinafter described property located within the City of Englewood, County of Arapahoe, State of Colorado, is hereby rezoned from R-3-B (Multiple-Family Residential) to R-4 (Residential-Professional), and Ordinance No. 26, Series of 1963, as amended, together with the zoning map appended thereto, is hereby accordingly amended: West 50' of Lot 1, Ewing Subdivision, and the West 50' of Lot 16, Interurban Addition. Section 3. The City Council hereby finds, determines and declares that the hereinabove change in rezoning is justified by the public necessity, convenience, general welfare and good zoning practices. Introduced, read in full, passed on first reading, set for public hearing before the City Council at 8:00 o'clock P.M. on Monday, the 16th day of May, 1966, in the Council Chambers of City Hall, Englewood, Colorado, and ordered published in full at a regular meeting of City Council held on April 18, 1966. ATTEST: COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE AND THAT A PUBLIC HEARING BE SET FOR MAY 16, 1966 AT 8:.00 P,.M. 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 Mayor called a recess of the Council at 9:30 P.M. The Mayor called the Council to order at 9:45 P.M. with the following persons present: I I I I I I I I April 18, 1966 Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. The Mayor declared a quorum present. The City Manager reported on some changes to be made on the bill for assessments in Paving District No. 15 and stated it should be incorporated in the bill for assessments. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CHANGES BE INCORPORATED IN THE BILL FOR ASSESSMENTS IN PAVING DISTRICT NO. 15. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Abstaining: Councilman Rice. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Fullerton A BILL FOR AN · ORDINANCE APPROVING THE WHOSE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DISTRICT NO. 15, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: PRESCRIBING THE MANNER FOR THE COLLEC'lION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. WHEREAS, there has been compliance with all the provisions of law relating to the construction of paving improvements in Paving District No. 15 in the City of Englewood, Colorado, created pursuant to Ordinance No. 5, ·Series 1965, finally adopted and approved on the 15th day of March, 1965: and WHEREAS, the improvements authorized by said Ordinance No. 5, Series 1965, have been canpleted and accepted by the City and the whole cost of such improvements has been determined: and WHEREAS, an assessment roll has been prepared and a statement showing the 1ctal cost of the improvements has been duly filed with the City Council and due notice was given that the City Council would meet to hear and consider .objections to the assessment roll on Monday, April 11, 1966, and that the owners or property named in said assessment roll might, on or before April 7, 1966, file with the City Clerk, in writing, his or their objections to the assessments: and WHEREAS, the City Council met at the time and place specified in the Notice and all objections were heard and considered: and Mary Jane VanBenschoten (Duncan Wilke), 3600 block S Grant, Lots 4 & 5 Block 3, A. W. Hiner's Subdivision $62.93: James W. and Vera C. Chandler, Lot 1, Block 5, Vista Hts. 2nd Filing, $1,104.15: James W. Chandler and Vera c. Chandler, Lot 2, Block 5, Vista Hts., 2nd Filing, $365.55: John B. Finn & Rose Finn, N 5.68' Lot 3, Block 5, Vista Hts 2nd filing $15.74; Edwin Harrold son & Frances W. Etchison N 5.68' Lot 8, Block 5, Vista Hts. 2nd Filing, '$15.99: Edwin Harrold Logan & Ruth Hannah Logan, Lot 9, Block 5, Vista Hts. 2nd Filing, $406.78: James W. Chandler and Vera c. Chandler, s 79 ~5Lot 10, Block 5, Vista Hts., 2nd Filing, $216.99: Industrial Builders, Inc., S 10' Lot 5, Block. 1, Engle'A'Ood Ind. Park, $261.48: Lot 6,. Block 1, Englewood Ind. Park, $653.70: Lot 7, Block 1, Englewood Ind. Park, $653.70: S 100' Lot 8, Block 1, Englewood Ind. Park, $261.48: S 100' Lot 5, Block 2, Englewood Ind. Park $261.48: Lot 6, Block 2, Englewood Ind. Park, $653.70: Lot 7, Block 2, Englewood Ind. Park, $653.70: S 100' Lot 8, Block 2, Englewood Ind. Park, $261.48: Elmer J. Van Hoy, Jessie M. Van Hoy, Lot 1, Block 6, Vista Hts. 2nd Filing $3,006.41: Fred B. Craven & Augusta L. Craven, N~ Lot 2, Block 6, Vista Hts. 2nd Filing, $389.62: Harold A. Stoner and Marie R. Stoner, S~ Lot 2, Block 6, Vis.ta Hts. 2nd Filing, $334 ·~·74: N 5.68' Lot 3, Block 6, Vista Hts. 2nd Filing, $23.95. WHEREAS, fran the statement made and filed with the City Council, it appears that the whole cost of said improvements is the sum of $336,579.87, of which amount the City of Englewood will pay $93,387.76, leaving $243,192.11 to be assessed against the real property in said District, said amount including costs of inspec- tion, collection and other incidentals and also including interest as allowed by law: and WHEREAS, from said statement it also appears that the City Council has appor- tioned a share of the said whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in a Resolution adopted by the City Council on the 7th day of March, 1966, and in a public notice, published in The Englewood Herald and Enterprise, on March 17, 24 and 31, 1966, which Resolution and Notice are by .. -· · reference made a part hereof: 261 262 April 18, 1966 BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section!. That the whole cost and apportionment of the same, as set forth in said Resolution and Notice, and as amended herein, is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the benefits which the property in said District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of last within the District in the proportions and amounts set forth in said Resolution and Notice, as amended. . . . Section 2. That said assessments shall be due and pay~le at the office of the City Treasurer, within thirty days after the final publication of this Ordinance, without demand: provided that all such assessments may, at the election of the property owner, be paid in inatallments, with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be con- clusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. In case of such election to pay in installments, the assessments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual install- ments of principal, the first of which installments of pr:Lncipal -,shall be due and payable on or before the 1st day of January, 1967, and the remainder of said install- ments shall be due and payable successively on or before the 1st day of January, in each year thereafter, until paid in full, with interest in all cases on the unpaid principal at the rate of six per centum (6%) per annum, payable each year at the time of paying intallments of principal. Failure to pay any installment, whether of principal or interest, when due shall cause the .whole of the unpaid principal to becane due and payable immediately, and the whole amount of the unpaid principal .and accrued interest shall thereafter draw interest at the rate of one per centum (l~) per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pay the amount of all unpaid installments with interest at one per centum (1%) per month, or fraction of a month, upon all delinquent installments, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid prin- cipal with accrued interest to the date of the next assea ... nt installment payment date. Payments may be made to the City Treasurer at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5%) will be made on all payments made during such period, but not thereafter. Immediately after the expiration of such thirty day period, said assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 3. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 4. By reason of the fact that bonds of said Paving District No. 15 are now outstanding and interest thereon will shortly become due and payable, funds must be made available at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 5. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book kept for that purpose, shall be authenticated by the signatures of the Mayor and City Clerk, and shall be published in The Englewood Herald and Enterprise, a newspaper of general circulation published in said City, within seven days after its final passage, and shall be and remain irrepealable until the assess- ments hereby made shall be paid in full. Section 6. A public Hearing on the Ordinance will be held at the City Hall in Englewood, Colorado, on Monday, the 2nd day of May, 1966, at the hour of 8:00 o'clock P.M., before consideration by the City Council of its Final Passage and Adoption. INTRODUCED AND READ This 18th day of April, 1966. ATTEST: ~~~ COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE AND THAT PUBLIC HEARING BE HELD MAY 2, 1966, AT 8:00 P.M. Upon the call of the roll, the vote resulted as follows: I I I I I I I I April 18, 1966 Ayes: Councilmen Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Abstaining: Councilman Rice. Absent: None. The Mayor declared the motion carried. The City Manager's monthly report for the month of March, 1966, was received for the record. The City Manager reported that bids had been received and tabulated for the water supply wells and pumping equipment at Belleview Park and Miller Field and recommended that the bid of Layne-Western, in the amount of $4,640 be approved as the lowest and best bid. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT 'l'ffE CONTRAC~ BE AWARDED TO LAYNE-WESTERN AND THAT THE MAYOR BE AUTHORIZED TO SIGN AND THE CITY CLERK TO ATTEST SAME. 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 asked for the authority to call for bids on sodding the two parks and after discussion: COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY MANAGER BE AUTHORIZED TO ADVERTISE FOR BIDS ON SODDING THE TWO PARKS. 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 the Public Service Company had requested per• mission to place a small grill on the sidewalk in front of their office for two days, during Slave Auction day and Music Parents Association meeting. COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE PUBLIC SERVICE CC»IPANY BE ALLOWED TO OPERATE A SMALL GRILL AS REQUESTED. 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 as soon as construction starts on the New Shopping Center, more personnel would be needed in the Building Inspection Department. The City Manager reminded the Council of Student Government Days, April 28th and 29th and on May 2nd when they will form a City Council. Mr. Donald G. Gamet of 4550 South Kalamath Street, appeared before Council to ask that something be done about the streets and walk lights for children going to school, there being no paving or sidewalks on Tufts. Council asked the City Manager to investigate and make recommendation on May 2, 1966. The Mayor reported that he had received a petition from Mr. Carpenter containing approximately sixty signatures asking that back yard incinerators · be banned. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE PETITION BE RECEIVED. 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. 263 April 18, 1966 The Mayor reported that the Englewood Music Paren'ts Associ·ation had requested permission to place a banner across the street in front of the old Courtesy Ford Agency. COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE ENGLEWOOD MUSIC PARENTS ASSOCIATION BE PERMITTED TO PLACE A BANNER ACROSS SOUTH BROADWAY. 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 FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT A RESOLUTION ENDORSING A FEDERAL APPROPRIATION FOR THE CONSTRUCTION OF CHATFIELD DAM BE DRAWN ARD THAT THE MAYOR BE AUTHORIZED TO SIGN AND THAT THE ENDORSEMENT BE CARRIED TO THE MUNICIPAL LEAGUE. 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 Fullerton reported on an Air Pollution meeting, held recently. COUNCI:uuuq RICE MOVED, COUNCILMAN KREILING, 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 11:25 P.M. /s/ J. L. Barron, Deputy City Clerk Clerk of the Council The minutes of the meeting· of the City Counctl of the City of· Englewood, Colorado, held on thel8th day of April, 1966, stand approved as written this 2nd day of May, 1966. I I I I