HomeMy WebLinkAbout1966-11-21 (Regular) Meeting Minutes392
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
November 21, 1966
REGULAR MEETING:
The city council of the City of Englewood, Arapahoe County, Colorado, met in
regular session on Monday, November 21, 1966, in the council Chambers, City Hall,
Englewood, at the hour of 8:00 P.M.
Mayor Allen presiding called the meeting to order and the invocation was
given by Father Ling of All Souls Catholic Church.
The Mayor asked for roll call. Upon the call of the roll, the following
persons were present:
councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Also Present: City Manager Dial,
Assistant City Manager Malone,
City Attorney Criswell,
City Clerk Lyon.
Absent: Councilman Kreiling.
The Mayor declared a quorum present.
The Mayor recognized the following "Special Citizen Invitees" and welcomed
them to the Council meeting:
Mr. Samuel W. Haun, 2850 South Acoma Street,
Mr. and Mrs. L. v. Hunt, 1310 East Bates Parkway.
Mr. Morris Solomon appeared before Council in regard to renewal of the Bar
Harbor three-way liquor license for the year 1967.
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE HELD BY BAR HARBOR BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen. ·
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. John Just appeared before Council in regard to renewal of the Casual
Lounge three-way liquor license for the year 1967 •
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COUNCILMAN FULLERTON MOVED, COUNCiuu.M HANSON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE HELD BY CASUAL LOUNGE BE RENEWED FOR THE YEAR 1967. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. John Lidke appeared before Council in regard to renewal of the drug store
license for Cherrelyn Drug Store.
COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE DRUG STORE
LIQUOR LICENSE HELD BY CHERRELYN DRUG STORE BE RENEWED FOR THE YEAR 1967. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Gordon Castel appeared before Council in regard to the renewal of the drug
store liquor license for Drug Fair.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE DRUG STORE
LIQUOR LICENSE HELD BY DRUG FAIR BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll , the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
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Minutes of November 21, 1966
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. David Scioli appeared before Council in regard to the renewal of the liquor
store license for Dry Creek Liquors.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE LIQUOR STORE
LICENSE HELD BY DRYT rCRBEK · MQOORS BB RDEWBD' P.0R rfl'HB1 ·:Y.EAR T ~ 96 7; . , -Upott Jthe: <l4l1d. ;~ 1 ,
the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mrs. Leopoldine Deffert appeared before Council in regard to the renewal of the
liquor store license for E-Z Liquors.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE LIQUOR STORE
LICENSE HELD BY E-Z LIQUORS BE RENEWED FOR THE YEAR 1967. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Watson appeared before Council in regard to the renewal of the club liquor
license for Englewood Elks Lodge.
COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE CLUB LIQUOR LICENSE
HELD BY THE ENGLEWOOD ELKS LODGE BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen F~llerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. A. H. Conrardy appeared before Council in regard to the renewal of liquor
store license for Englewood Liquor Store.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE LIQUOR STORE
LICENSE HELD BY ENGLEWOOD LIQUOR STORE BE RENEWED FOR THE YEAR 1967. Upon the
call of the roll, the vote resulted as follows:
Ayes: councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Leo Lentsch appeared before council in regard to the ·renewai':of t~e ;Eagies
club liquor license.
COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CLUB LIQUOR
LICENSE HELD BY THE EAGLES BE RENEWED FOR THE YEAR 1967. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mrs. Elsie Keller appeared before Council in regard to the renewal of the
liquor store license for Glass Bottle.
COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE LIQUOR STORE
LICENSE HELD BY GLASS BOTTLE BE RENEWED FOR THE YEAR 1967, Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
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Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mrs. Margaret Miller appeared before Council in regard to the renewal of the
three-way liquor license for Hackney House.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE HELD BY HACKNEY HOUSE BE RENEWED FOR THE YEAR 1967. Upon the call
of the roll, the vote resulted as follows:
Ayes: councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Walter Hrom appeared before Council in regard to the renewal of the three-
way liquor license for Hilda's Cafe.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE FOR HILDA'S CAFE BE RENEWED FOR THE YEAR 1967. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. D. L. Hungate appeared before Council in regard to the renewal of the
three-way liquor license for Hungate's Restaurant and Lounge.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE FOR HUNGATE'S RESTAURANT AND LOUNGE BE RENEWED FOR THE YEAR 1967.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Frank Witt appeared before council in regard to the renewal of the three-
way liquor license for John W's, Inc.
COUNCILMAN HANSON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE FOR JOHN W'S, INC. BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Strahm appeared before council in regard to the renewal of the club liquor
license for Moose Lodge.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE CLUB LIQUOR
LICENSE FOR MOOSE LODGE BE RENEWED FOR THE YEAR 1967. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Fullerton Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. K. A. Barnica appeared before council in regard to the renewal of the
three-way liquor license for Magnet Inn.
COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE FOR MAGNET INN BE RENEWED FOR THE YEAR 1967. Upon the call of the
roll, the vote resulted as follows:
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Minutes of November 21, 1966
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. Jack Hanunon appeared before Council in regard to the renewal of the
liquor store license for Supreme Liquors.
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE LIQUOR STORE
LICENSE HELD BY SUPREME LIQUORS BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mr. William Lauby appeared before council in regard to the renewal of the
liquor store license for Thorobred Liquors.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE LIQUOR STORE
LICENSE HELD BY THOROBRED LIQUORS BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
City Manager Dial discussed with the City council transfers of corporate
stock of corporation holding a liquor license. Mr. Dial read a memorandum sub-
mitted from the Finance Director concerning corporate stock transfers. Mr. Dail
stated that three liquor licenses had been subject to corporate transfers of stock
during the 1966 fiscal year. These licenses are held by Bon Ham Liquors, Inc.
(New Frontier Liquors), Plantation, Inc., and M. I. D. Drug.
Mr. Charles Bishop appeared before Council in regard to the renewal of the
store liquor license held by New Frontier Liquor.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE STORE LIQUOR
LICENSE FOR NEW FRONTIER LIQUOR BE RENEWED FOR THE YEAR 1967. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
Mrs. Harthun appeared before Council in regard to the renewal of three-way
liquor license for Plantation, Inc.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE THREE-WAY
LIQUOR LICENSE FOR PLANTATION, INC. BE RENEWED FOR THE YEAR 1967. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried •
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE LIQUOR LICENSE
HELD BY M-D DRUG BE APPROVED SUBJECT TO RECEIPT OF FAVORABLE FBI REPORT. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE APPLICATION
FOR GEii LIQUORS BE TABLED FOR CONSIDERATION AT THE NEXT CITY COUNCIL MEETING. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
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It was also noted that application Buy-4-Less Drug System had not been
received at the time of the City Council meeting and that a representative of
Belleview Bowl was not present in order that Belleview Bowl's liquor license
could be considered for renewal at this time.
Mr. M. M. Summers, 3140 South Delaware Street, appeared before Council. Mr.
SWllDers stated that he wish§d to compliment the City on its good regulation of
liquor outlets within the C ity of Englewood. Mr. Summers ppz»ceeded into a dis-
cussion regarding downtown traffic. He stated that there are few through north-
south and east-west streets within the City which connect with streets outside
the City boundaries. Those streets which do connect are presently over-loaded,
particularly Broadway. He further stated that the traffic on Broadway may
increase fifty per cent when the New Englewood Shopping Center is complete. If
the present trend of traffic continues parking will probably have to be discon-
tinued on South Broadway. The question Mr. Swmners stated he wished to bring
before the City Council is in regard to the correction of the downtown traffic
situation by opening additional traffic ways, particularly South Sherman Street
and South Acoma Street. Mr. Swmners stated that in order to open Acoma Street
it would be necessary that a viaduct be constructed over Highway No. 70. He
further stated that opening of these two streets would be of a great convenience
to the citizens and merchants of the City of Englewood.
(Councilman Kreiling entered the Council Chambers at 8:40 P.M. and took
his seat.)
Minutes of the Planning and Zoning Commission meeting of October 19, 1966,
were received for the record.
Introduced as a Bill by Councilman Fullerton.
A BILL
FOR AN ORDINANCE VACATING AN ALLEY EAST OF 4500 SOUTH ELATI STREET BETWEEN WEST
STANFORD AVENUE AND WEST TUFTS AVENUE BUT RETAINING AN EASEMENT FOR UTILITIES
THEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. That dedicated alley located within the 4500 block of South
Elati Street, between West Stanford Avenue and West Tufts Avenue, more particularly
described as follows, to wit:
Beginning at the Southeast corner of lot 5, Garman's
Subdivision, a resubdivision at block 1, Wollenwebers
Broadway Gardens, situate in the Southwest quarter of
the Northwest quarter of Section 10, T5S, R68W at the
sixth P.M. City of Englewood, County of Arapahoe,
State of Colorado: thence North a distance of 218.15
feet, along the East lot lines of lots 5 through 2
and continuing along the East line of lot 1 to a
point 17.00 feet North of the Southeast corner of
said lot 1: thence East a distance of 16.00 feet:
thence South and parallel to the East lines of
said lots 1 -5 a distance of 235.15 feet: thence
West a distance of 16.00 feet to the point of beginning.
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 entire
above described realty for public utilities of all types and for storm drainage.
Introduced, read in full and passed on first reading by the City Council of
the City of Englewood, Colorado at its regular meeting on the 21st day of
November, 1966, and ordered published in the Englewood Herald and Enterprise.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PROPOSED BILL
FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Minutes of November 21, 1966
Mayor Allen declared a short recess at 8:50 P.M. in order that pictures may be
taken of the City council for a slide presentation to grade and junior high schools.
The meeting was called back to order at 8:52 P.M. with the following present:
Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Minutes of the Water and Sewer Board meeting of November 15, 1966, with a
recanendation attached were received for the record.
COUNCILMAN FULLERTON MOVED, HANSON SECONDED, THAT SUPPLEMENT NO. 2 TO THE
CONNECTOR'S AGREEMENT WITH CHERRY HILLS SANITATION ASSOCIATION PROVIDING FOR SIX
(6) ADDITIONAL RESIDENTIAL SEWER TAPS BE APPROVED AS RECOMMENDED BY THE WATER AND
SEWER BOARD AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN. Upon the
call of the roll, the vote resulted as follows:
Ayes: councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried .
The minutes of the Library Board meeting of November 15, 1966, were received
for the record. The minutes of the Board of Adjustment and Appeals regular meeting
of November 9, 1966 with an attached memorandum were received for the record.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MEMORANDUM ON
THE BOARD OF ADJUSTMENT AND APPEALS RECOMMENDING THE ENCROACHMENT OF A HAND RAIL
FOUR INCHES OVER CITY PROPERTY AT 55 WEST FLOYD AVENUE BE APPROVED aY THE CITY
COUNCIL AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ANY .NECESSARY PAPERS.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Introduced as a Bill by Councilman Rice.
BY AUTHORITY
ORDINANCE NO. 22, SERIES OF 1966
AN ORDINANCE VACATING A STREET RIGHT OF WAY AND AN ALLEY IN MILLER FIELD.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT ORDINANCE NO. 22,
SERIES OF 1966, BE PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED IN FULL
IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilman Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
City Attorney Criswell discussed the Model Traffic Code Ordinance with the City
council. Mr. Criswell stated that before the Model Traffic Code Ordinance could be
adopted it would be necessary to hold a public hearing.
Introduced as a Bill by Councilman Rice.
1'1 BILL~ FOll i'
AN ORDINANCE REPEALING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD,
COLORADO, AND ADOPTING, BY REFERENCE, THE REVISED MODEL TRAFFIC CODE FOR COLORADO
MUNICIPALITIES, 1966, AS ADOPTED BY THE COLORADO HIGHWAY COUNCIL, WITH CERTAIN
DELETIONS AND AMMENDMENTS THERETO, TO PROVIDE A COMPLETE AND COMPREHENSIVE TRAFFIC
CODE FOR THE CITY OF ENGLEWOOD, TOGETHER WITH THE PROVISIONS FOR THE ADMINISTRATION
AND ENFORCEMENT THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE,
STATE OF COLORADO:
Section 1. Chapter 25 of the Municipal Code of the City of Englewood is
hereby repealed and re-enacted with amendments to read as follows:
" CHAPTER 25 TRAFFIC AND MOTOR VEHICLES"
25.l Adoption of Model Traffic Code for Colorado Municipalities, 1966.
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(a) Pursuant to the provisions of Article V, 44 of the Charter of the City of
Englewood and Chapter 139, Article 34, Colorado Revised Statutes, 1963, there is
hereby adopted as a part of Chapter 25 of the Municipal Code of the City of Engle-
wood, with the same force and effect as though the same were set forth in full here-
in, that certain code known as the "Model Traffic Code for Colorado Munici alities,
1966'; (hereinafter referred to as "Model Traff c Code" as officially approved,
adopted and published by the Colorado Highway Safety Council, by Resolution thereof
dated February 17, 1966, except the following articles and sections thereof, which
are declared to be inapplicable to this municipality and are hereby expressly deleted:
(1) Section 2-1 of Article II thereof:
(2) Sections 4-1,4-2,4-3,4-5, and 4-7 of Article IV thereof:
(3) Section 6-6 of Article VI thereof:
(4) Section 10-1 of Article X thereof:
(5) Section 17-9 of Article XVII thereof:
(6) All of Articles XXII, XXIII, XXIV, XXVI, XXVII and XXVIII thereof.
(b) Whenever any provision of the Model Traffic Code makes reference to any of
the provisions thereof appearing in those portions of the Model Traffic Code set
forth in subsection (a) (1) through (6), the same shall be taken to refer to the
substituted provisions therefor, if any, contained within this Chapter 25.
25.1-1 Clerk to Keep Copies of Model Traffic Code.
The City Clerk-Treasurer of the City of Englewood shall, at all times after the
introduction of this Ordinance, maintain on file in his office not less than three
(3) copies of this Ordinance and three (3) copies of the Model Traffic Code, referred
to in 25.1. At all times after the effective date of this Ordinance, the City Clerk-
Treasurer shall maintain a reasonable supply of copies of this Ordinance and of the
said Model Traffic Code, which copies shall be available for purchase by the public
at a price not to exceed one cent ($.01) per page of text plus a handling charge of
ten cents ($.10) per copy.
25.2 Modifications to Model Traffic Code's Traffic Rules.
25.2-1 Through Streets Designated and Entrances Thereto controlled.
In lieu of the provisions of Section 2-1 of Article II of the Model Traffic Code,
the following provisions are hereby adopted:
"(a) Those streets and parts of streets, designated pursuant to 25.3-8 hereof
to be through streets, and described in the traffic control schedules as provided in
25.3-11, are hereby declared to be through streets.
(b) Whenever a through street is designated and described as provided in this
Chapter, it shall be the duty of the Planning and Traffic Director, or other official
vested witn responsibility for traffic control, to place and maintain a stop sign or
yeild sign as declared in the State Traffic Control Manual on each and every street
intersecting such through street, unless traffic at any such intersection is controlled
at all times by traffic-control signals: provided, however, that at the intersection
of two such through streets or at the intersection of a through street and a heavy
traffic street not designated as a through street, stop signs shall be erected at the
approaches of either of said streets as determined to be appropriated by the Planning
and Traffic Director."
25.2-2 State Speed Laws Applicable.
In lieu of the provisions of Section 4-1 of the Model Traffic Code, the following
provisions are hereby adopted:
"Subject to the provisions of 25.2-3 and 25.2-4, the laws of the State of Colorado,
as they may now exist or as they hereinafter be enacted or amended, which regulate
the speed of vehicles, shall be applicable upon all streets within this municipality.
Unless the prima facie speed limits contained within said laws are altered in accor-
dance with 25.3-8 and official signs are in place giving notice thereof, and except
when a special hazard exists within the meaning of Section 4-4 of the Model Traffic
Code, the basic speed limits in this municipality shall be 25 miles per hour in any
business district and 30 miles per hour in any residence district. It shall be un-
lawful to exceed the aforesaid basic speed limits or any speed limits altered, as
provided in 25.2-3, when said altered speed limits are properly posted.
25.2-3 Altering Basic Speed Limits.
In lieu of the provisions of Sections 4-2 and 4-3 of the Model Traffic Code,
the following provisions are hereby adopted:
"Whenever the Planning and Traffic Director, or such other official vested with
the responsibility, shall determine, in accordance with the provisions of 25.3-8,
that the basic speed limits established in 25.2-2 hereof are greater than, or less
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Minutes of November 21, 1966
than, the speed at which vehicles may move in a reasonable and safe manner at any
intersection or approach thereto in this municipality, the Planning and Traffic
Director, or such other official, shall either increase or decrease the said basic
speed limit, at such intersections or approaches thereto, shall record the same
in the manner provided in 25.3-11 hereof and shall cause official notice of such
increased or decreased speed limits to be posted: provided, however, that upon
any street which is a part of the State Highway System, any increase or decrease
of the basic speed limits shall be subject to approval of the State Department
of Highways. Such altered speed limits shall be effective upon the posting of
official signs giving notice thereof."
25.2-4 Minimum Speed Regulation.
In lieu of the provisions of Section 4-5 of the Model Traffic Code, the
following provisions are hereby adopted:
"{a) No person shall drive a motor vehicle on any street at such a slow
speed as to impede or block the normal and reasonable forward movement of traffic,
except when a reduced speed shall be necessary for safe operation of such vehicle
or in compliance with law.
(b) Whenever the Planning and Traffic Director, or such other official
vested with the authority, determines, pursuant to the provisions of 25.3-8
hereof, that slow speeds upon certain streets consistently impede the normal
and reasonable movement of traffic upon such streets, and said Planning and
Traffic Director, or other authorized official, shall establish minimum speed
limits upon such streets, shall record such minimum speed limits in the manner
provided in 25.3-11 hereof and shall erect official signs giving notice thereof:
provided, however, that the establishment of such minimum speed limits on any
street or expressway which is a part of the State Highway System shall be subject
to the approval of the State Department of Highways. Such minimum speed limits
shall be effective upon the posting of official signs giving notice thereof, and,
thereafter, it shall be unlawful to drive any vehicle at a speed slower than
such posted minimum speed limits."
25.2-5 Limitations On Turning Around.
In lieu of the provisions of Section 6-6 of the Model Traffic Code, the
following provisions are adopted:
" No driver of any vehicle shall turn such vehicle so as to proceed in the
opposite direction upon any street."
25.2-6 Method of Parking at Curbs.
(a) In lieu of the provisions of Section 10-1 of the Model Traffic Code,
the provisions of that ordinance adopted by a vote of the people on the 13th
day of September, 1966, shall apply, which provisions read as follows:
"Except where parking is prohibited, and except where the Planning and Traffic
Director has otherwise specifically established an angle parking zone, pursuant to
the provisions of 25.3-8, or any amendment thereto, every vehicle stopped or parked
upon any street within the City of Englewood, having an adjacent curb, shall be
stopped or parked in the following manner:
(1) Upon all streets, except streets designated as one-way streets, each
vehicle shall be stopped or parked so that both right-hand wheels of such vehicle
shall be no more than twelve (12) inches from the right-hand adjacent curb.
(2) Upon all streets designated as one-way streets, each vehicle shall be
stopped or parked so that the front of such vehicle faces in the direction design-
ated and in such a manner so that both its right-hand wheels are not more than
twelve (12) inches from the adjacent right-hand curb, or so that both its left-
hand wheels are not more than twelve (12) inches from the adjacent left-hand curb."
(b) Any person violating the above provisions shall be deemed to be guilty
of a violation of 25.2-6 of the Municipal Code of the City of Englewood, Colorado,
and any citation issued for such violation shall be sufficient if it refers to
said section, rather than to the ordinance originally adopted as set forth above.
25.3 Traffic Administration.
In lieu of the provisions of Article XXIII of the Model Traffic Code, the
following provisions are hereby adopted:
25.3-1 Traffic Duties of Police Department.
It shall be the duty of the Chief of Police and other members of the Police
Department to enforce the provisions of this Ordinance and the State vehicle laws
applicable to traffic in this municipality, to make arrests for traffic violations,
to investigate traffic accidents, to cooperate with the Planning and Traffic
Director and other officia·ls of this municipality in the administration of this
Traffic Ordinance and in developing ways and means to improve traffic conditions,
and to carry out those duties specially imposed by this Chapter 25."
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25.3-2 Records of Traffic Violations.
(a) The Police Department shall keep a record of all violations of the traffic
ordinances of this municipality or of the State vehicle laws of which any person
has been charged, together with a record of the final disposition of all such alleged
offenses.
(b) Said record shall be so maintained as to show all types of violations
and the total of each shall accumulate during at least a three-year period and, from
that time on, the record shall be maintained complete for at least the most recent
three-year period. All such records shall be public records.
25.3-3 Investigation of Traffic Accidents.
It shall be the duty of the Police Department to investigate traffic accidents
occurring within this municipality either by investigation at the time of, or at the
scene of, the accident or thereafter by interviewing participants or witnesses, to
issue swmnonses for traffic violations in connection with traffic accidents, and to
assist in the prosecution of those persons charged with violations of law or
ordinance.
25.3-4 Traffic Accident Studies.
Whenever the accidents at any particular location or along any particular
street or highway within this municipality become numerous, the Police Department
shall cooperate with the Planning and Traffic Director, or other designated official
responsible therefor, in conducting studies of such accidents and determining
remedial or corrective measures.
25.3-5 Traffic Accident Reports.
(a) The Police Department shall obtain from .the State Department of Revenue
standard forms for accident reports required by State law, and. thereon shall report
sufficiently detailed information to disclose with reference to a traffic accident,
which has been investigated by said police or concerning which said police have
received notification, the contributing circumstances, conditions then existing,
and the persons and vehicles involved.
(b) Every traffic accident report required to be made in writing shall be
made on a form approved and furnished by the said Department of Revenue.
(c) The Police Department shall maintain a suitable system of filing copies
of investigators " traffic accident reports with reference to drivers and accident
locations and shall make such reports available to the Planning and Traffic
Director and other officials having use of the records for accident prevention
purposes.
25.3-6 Drivers • Records to be Maintained and Studied.
(a) The Police Department shall maintain a suitable record of all traffic
accidents, warning, arrests, convictions and complaints reported for each driver,
which shall be filed alphabetically under the name of the driver concerned.
(b) Said department shall study the cases of all the drivers charged with
frequent or serious violations of the traffic laws or involved in frequent accid-
ents or any serious accident, shall attempt to discover the reasons therefor, and
shall take whatever steps are lawful and reasonable to prevent further violations
and accidents, including, where desirable, recommendations to the proper author-
ities for the suspension or revocation of the drivers' licenses of such persons.
(c) Such records shall accumulate during at least a three-year period and
from t hat time on such records shall be maintained complete for at least the most
recent three-year period.
25.3-7 Annual Traffic-Safety Report.
The Police Department shall annually prepare a traffic report which shall be
filed with the City Manager and which shall contain information on traffic matters
in this municipality as follows:
(a) The finances, personnel, training, facilities and physical plant of the
department:
(b) The number of traffic accidents, the number of persons killed, the
number of persons injured and other pertinent traffic accident data:
(c) The number of traffic accidents investigated and other pertinent data
on the safety activities of the police:
(d) The number and types of traffic violations and totals of each type of
violation:
(e) The plans and recommendations of the department for future traffic
safety activities.
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25.3-8 Duties and Powers of Traffic Director or other Designated Traffic Official.
(a) It shall be the general duty of the Planning and Traffic Department, under
the direction of the Planning and Traffic Director, or such other official as the
City Manager of the City of Englewood may, from time to time, specifically vest
with such responsibility and authority, to determine the necessity for, the location
of, and the proper installation, timing and maintenance of official traffic control
devices, to conduct analyses of traffic accidents and to devise remedial or correc-
tive measures, to conduct investigation of traffic conditions, to plan the operation
of traffic on the streets and highways of this municipality, and to cooperate with
other municipal officials in the development of ways and means to improve traffic
conditions, and to carry out such additional powers and duties as are imposed by
this Chapter.
(b) The Planning and Traffic Director, or such other official, in order to
fulfill the duties set forth in subsection (a) hereof, is hereby vested with such
power, authority and jurisdiction as may be necessary or desirable to carry out
the aforesaid duties. By way of example, and not by way of limitation, the Plann-
ing and Traffic Director may, when he determines, based upon engineering and traffic
investigations, that the same is necessary, engage in any of the acts hereinafter
enumerated: provided that the engineering and traffic investigations herein referred
to shall be as described in the State Traffic Control Manual, where the same
contains a description of the investigations to be conducted to determine the
necessity of any of the following acts, and, where no such description is contained
in said Manual, then, said investigations shall be conducted in accord with generally
accepted traffic planning principles:
(1) Install, maintain and remove traffic control devices:
(2) Designate and place medians and traffic islands:
(3) Alter the basic speed limits and establish minimum speed limits in those
instances, and subject to the same conditions, as state law authorizes any local
authority to do so:
(4) Regulate speed and traffic movement by traffic signals:
(5) Designate one-way streets and roadways:
(6) Designate through streets or roadways and control entrances thereto:
(7) Designate stop or yield intersections and erect stop or yield sign thereat:
(8) Establish restrictions, prohibitions and regulations for the parking,
standing or stopping of vehicles:
(9) Designate special parking zones for taxicabs, buses, press, television
and radio cars, and other similar vehicles:
(10) Designate parking meter zones and establish time limitations thereon:
(11) Establish tow-away zones:
(12) Designate upon what streets, if any, angle parking shall be permitted:
(i3) Designate and sign intersections at which drivers shall not make a right
or left turn, or any turn, at all times or during certain times:
(14) Designate and sign intersections where multiple turns shall be allowed:
(15) Mark centerlines and lane lines and place other pavement markings necessary
for the regulation and control of traffic:
(16) Install and maintain crosswalks at intersections or other places where
there is particular danger to pedestrians crossing the roadway:
(17) Establish safety zones at such places where necessary for pedestrian
protection:
(18) Install pedestrian-control signals and designate those crossings where
angle crossing shall be permitted by pedestrians:
(19) Establish play streets:
(20) Establish truck routes:
(21) Establish loading zones:
(22) Designate and sign those streets and roadways where pedestrians, bicyclists
or other non-motorized traffic, or persons operating a motor-driven cycle shall be
excluded:
(23) Designate and sign those streets upon which vehicles or loads of a certain
weight shall be prohibited:
(24) Provide for temporary street or alley closures by the erection of barricades:
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(25) Issue special permits for curb loading operations, the movement of vehicles
having excess size or weight, and other similar acts.
(c) Whenever any statute of the State of Colorado as it presently exists, or
as it may hereafter be enacted or amended, confers upon this City the right or
authority to alter the application of any state traffic regulation within the
boundaries of this City, UP"n a finding of a necessity therefor, the Planning and
Traffic Director, or such other official as may be designated, shall undertake
any investigation required by such statute and shall alter any such regulation,
where such alteration is determined to be necessary.
25.3-9 Division of Authority Over Streets Which Are State Highways.
(a) All traffic and parking restrictions on streets which are a part of the
State Highway System shall be regulated and enforced by this municipality, except,
that pursuant to Chapter 13, Article 5 and Chapter 120, Article 13 of C.R.S. 1963,
as amended, such regulations on said streets shall be subject to the approval of
the State Department of Highways before becoming effective.
(b) No stop sign or traffic control signal shall be erected or maintained at
any location within this municipality so as to require the traffic <on ·any ~S~te· high-
11ay~ l:d .atop be£orJ1 enter:LniJ ct' .ct'0119j.n~. anyi. rim ter'SeCtidrJL h.t'lJhwilyi.J~niD.e&JI approval in
writing has first been obtained from the State Department of Highways.
(c) The Planning and Traffic Director, or other official vested with the
responsibility, is authorized to accept, upon the basis of engineering and traffic
investigations and studies, recommendations of the State Department of Highways
for speed limits upon any State highway or Federal-Aid roadway within this munici-
pality, and such spped limits shall be effective when appropriate signs giving
notice thereof are erected along said highways or roadways, regardless of whether
said signs are placed by the State Department of Highways or by the traffic auth-
ority of this municipality.
25.3-10 Conformance to Uniform Standards.
It shall be the duty of the Planning and Traffic Director, or other official
charged with the responsibility, in this municipality to see that all traffic
control devices required hereunder are uniform as to type and location and conform
as closely as practicable to the State Traffic Control Manual and to the specificat-
ions of latest issue, as approved and adopted by the State Department of Highways.
25. 3-11 Official Traffic Control Records.
(a) The Planning and Traffic Director or other official vested with responsi-
bility for traffic control in this municipality shall cause records to be kept of
all the streets or parts of streets where traffic regulations have been adopted and
the streets or parts thereof have been signposted pursuant to the provisions of
25.3-8, as well as records showing the approval of the State Highway Department of
all regulations required to be approved by that department.
(b) Said records shall include schedules showing those streets, and parts of
streets, which or upon which, the Planning and Traffic Director, or other authorized
official, has, pursuant to the authority granted by 25.3-8 hereof;
(1) Designated as through streets;
(2) Altered the basic speed limits;
(3) Established minimum speed limits;
(4) Established one-way streets;
(5) Excluded pedestrians, bicycles and other nonmotorized traffic;
(6) Excluded trucks or other conanercial vehicles;
(7) Prohibited or restricted stopping, standing or parking;
(8) Established parking meter zones;
(9) Imposed weight limitations.
(c) A copy of said records shall be maintained on file with the City Clerk-
Treasurer, shall be open to public inspection during business hours and copies
thereof shall be made available to courts and other concerned agencies and officials
requesting the same.11
25.4 Parties and Procedure on Arrest.
In lieu of the provisions of Article XXII of the Model Traffic Code, the
following provisions are hereby adopted:
25.4-1 Parties.
Every person who commits, attempts to cC>mmit, conspires to commit, or aids or
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-: abets in the conanission of, any act declared herein to be in violation of this
chapter, or declared to be unlawful, whether individually or in connection with one
or more other persons or as a principal, agent, or accessory, shall be quilty of
such offense, and every ·person who falsely, fraudulently, forcibly, or wilfully
induces, causes, coerces, re<fUires, permits, or directs another to violate any
provision of this Chapter shall likewise be guilty of such offense."
25.4-2 Offenses by Persons Owning or Controlling Vehicles.
Neither the owner, or any person employing or otherwise directing the driver,
of any vehicle, shall require or knowingly permit the operation of such vehicle
upon the streets, highways, alleys, or other public ways of this City in any manner
contrary to law.
25.4-3 Forms and Notices of Citations, Arrest or Appearance.
The City shall provide in triplicate, or in quadruplicate, suitable serially
numbered forms for notifying alleged violators to appear and answer to charges of
violating traffic ordinances. Such forms shall be issued to and receipted for by
the Chief of Police or other persons acting for him. The Clerk of the Municipal
Court shall each month report to the Municipal Judge the disposition made by the
police of all such triplicate or quadruplicate forms issued to them. For this
purpose, the Clerk of the Municipal Court or his representative shall have access
to the necessary records of the Police Department and the Traffic Violations
Bureau. These reports shall be public records.
25.4-4 Procedure Upon Arrest.
(a) In every case of arrest for a violation of Section 5-1 of the Model
Traffic Code, "Reckless Driving," or where it appears doubtful whether the violator
will appear pursuant to a written citation or notice, the violator shall be kept in
custody, and in every other case of arrest, where the violation is wilful, wanton
and deliberate, the violator may be kept in custody by the Police Department,
unless lawfully released on bond, until trial, or until he shall have complied
with the penalty imposed by the court, as the case may be.
(b) Except when directed by this Chapter to keep a person arrested for a
violation of any of its provisions or where any lawful bail is required, any police
officer, upon making an arrest for a violation of this Chapter, shall take the name,
address and operator's license nwnber of the alleged violator and the registration
number of the vehicle involved, and shall issue to him in writing on the form
provided by the Clerk of the Municipal Court, a citation or notice to. answer to the
charge against him at a place and at a time at least five (5) days after such
arrest, unless the person arrested shall demand an earlier hearing, to be specified
in the notice. The officer, upon receiving the written promise of the alleged
violator to answer as specified in the notice. The officer, upon receiving the
written pranise of the alleged violator to answer as specified in the citation or
notice, shall release such person from custody"·
(c) The place specified in said notice to appear must be before a Municipal
Judge within the City.
(d) The person arrested, in order to secure release as provided in this
section, must give his written prani.ae to appear ~i1lJ :_®\U1t--4~-cblb:r.S~.i;nq;·~in:-w~M:attle d
:Or .ire ~c:atetcthe:~rit~ ~ . .a:r:1 n~1 co rQPeJU.P3 t~ared by the
arresting officer.
25.4-5 Failure to Obey Notice or Summons.
(a) The violation of a written promise to appear, given to an officer upon
arrest or issuance of a traffic citation for any traffic violation, shall constitute
a violation of this Chapter, regardless of the disposition of the original charge,
provided that a written promise to appear may be complied with by an appearance
by Counsel.
(b) The foregoing provisions of this Chapter shall govern all police officers
in making arrests without a warrant for offenses committed in their presence, but
the procedure prescribed herein shall not otherwise be exclusive of any other
method prescribed by law for the arrest and prosecution of a person for an offense
of like grade.
25. 4-6 Notice on Illegally-Parked Vehicle.
Whenever any motor vehicle without driver is found parked, stopped or standing
in violation of any of the restrictions imposed by any ordinance of this City, the
officer finding such vehicle shall take its registration number, and may take any
other information displayed on the vehicle which may identify its user, and shall
conspicuously affix to such vehicle a traffic citation or notice in writing, on a
form provided by the Clerk of the Municipal Court for the driver to answer the
charge against him within seven (7) days, during the hours and at a place specified
in the notice. The officer shall send one (1) copy of such notice to the Police
Department, and one (1) copy to the Clerk of the Municipal court.
25.4-7 Failure to Comply with Notice Attached to Parked Vehicle.
If a violator of the restrictions on stopping, standing or parking ande~-thi&D
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Chapter does not appear in response to a notice or citation affixed to such motor
vehicle within a period of seven (7) days, the Violations Bureau shall send the owner
of the motor vehicle to which the notice of citation was affixed, a letter informing
him of the violation, and warning him that in the event that such letter is disregarded
for a period of five (5) days, a warrant of arrest will be issued.
25.4-8 Presumption in Reference to Illegal Parking, Operating, Stopping, Etc.
(a) In a prosecution charging a violation of any ordinance governing the stopping,
standing, parking or operating of a vehicle, proof that the particular vehicle des-
cribed in the complaint was parked or operated in violation of any such ordinance or
requlation, toqether with proof that the defendant named in the complaint was at the
time of such parking or operating the registered owner of such vehicle, shall constitute
in evidence a prima facie presumption that the registered owner of the vehicle was the
person who stopped, stood or parked, or operated such vehicle at the point wher~, and
for the time during which, such violation occurred.
(b) The foregoing stated presumption shall apply only when the procedure as
prescribed in 25.4-6 and 25.4-7 has been followed.
25.4-9 When Warrant is to be Issued.
In the event that any person fails to comply with a notice given to such person
or attached to a vehicle, or fails to make appearance pursuant to a Sununons directing
an appearance in the Municipal court or the Violations Bureau, or if any person fails
or refuses to deposit bail as required and within the time permitted by ordinance, the
Clerk of the Violations Bureau shall forthwith secure and have served a warrant for
his arrest.
25.4-10 Disposition of Traffic Fines and Forfeitures.
All fines and forfeitures collected upon a finding of violation of ordinace, or
upon the forfeiture of bail of any person charged with violation of any of the pro-
visions of this Chapter, shall be paid into the City treasury and deposited in the
general fund.
25.4-11 Official Misconduct.
Failure, refusal, or neglect on the part of any judicial or other officer or
employee receiving or having custody of any such fine or forfeiture, either before or
after a deposit in said fund, to comply with the provisions of 25.4-10, shall constitute
misconduct in office and shall be grounds for removal therefrom.
25.5 Authority to Impound Vehicles.
25.5-1 Parking or Abandonment of Vehicles on Highways.
The Police Department of the City of Englewood is hereby authorized to enforce,
either individually or in conjunction with an officer of the Colorado State Patrol or
of the Sheriff's Office of the County of Arapahoe, the provisions of 1963 C.R.S.
13-5-71, as amended, and 1963 C.R.S. 13-5-72, as amended, insofar as the same is
applicable to state highways, state highway right-of-way or privately-owned property
within the City of Englewood.
25.5-2 Parking or Abandonment of Vehicles Upon the Streets, Alleys or Property
of the City of Englewood.
No person f)lall abandon any vehicle upon the streets or alleys of the City of
Englewood, or upon any property of said City, or upon property other than his own
without the consent of the owner thereof. Any vehicle so left on privately owned
property for a period longer than seventy-two (72) hours shall be presumed to be
abandoned, unless prior arrangements with the owner of said property have been made.
Any vehicle left unattended within any portion of the streets or alleys of the City
of Englewood or any property of said City for a period of twenty-four (24) hours or
more shall be presumed abandoned, unless the owner or operator thereof shall have con-
spicuously affixed thereto information indicating his intention to return or shall
have otherwise notified the police of his intention to move same.
In the event of abandonment on private property or property of the City of
Englewood, either the owner of such property of some representative of the City shall
. notify the Police Department of the City of Englewood and the ordinances of the City
of Englewood,_ or, where applicable, the provisions of 1963 C.R.S. 13-5-72, as amended,
shall apply to the removal and disposition of such abanoned vehicle.
25.5-3 Removal and Disposal of Stopped or Abandoned Vehicles.
(a) Whenever any police officer finds a vehicle attended or unattended, standing
upon any portion of the streets or alleys of the City of Englewood, in such a manner
as to constitute an obstruction to traffic or proper maintenance, such officer is
authorized to cause said vehicle to be moved to eliminate any such obstruction and
neither the officer, nor anyone operating under his direction, shall be liable for any
damage to such vehicle occasioned by such removal.
(b) Any police officer who finds a vehicle standing upon any portion of the
streets or alleys of the City of Englewood or upon any property of said City or upon
any private property without the consent of the owner in violation of any of the
provisions of this Ordinance or of 1963 C.R.S. 13-5-72 and who has reasonable grounds
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to believe that the vehicle has been abandoned shall require such vehicle to be removed
and placed in storage in the nearest garage or other place of safety OX: in a garage
deaiqnated or maintained by the City of Englewood, and neither the officer, nor anyone
operating under his direction, shall be liable for any damage to such vehicle occas-
ioned by such removal.
(c) Aa soon as practical, either before or after removal of the vehicle, the
Police Department of the City of Englewood shall cause an appraisal to be made of any
vehicle which appears to have been abandoned in order to determine the reasonable
market value of said vehicle. Any licensed Colorado motor vehicle dealer shall have
authority to make such appraisal. In the event the appraised value is less than the
costs of removal and storage and the Police Department of the City of Englewood is
unable to obtain anyone to remove the vehicle from the streets or alleys of the City
of Englewood, or property ~of ·.eaid City, the Police Department of the City of Engle-
wood, or its authorized representative, shall nevertheless remove or cause said
vehicle to be removed from the public right-of-way or the streets, alleys and property
of the City of Englewood.
(d) In the event the vehicle is not reclaimed by the owner or operator within
a period of seventy-two (72) hours, the Police Department of the City of Englewood
shall immediately send or cause to be sent a written report of the fact of such
removal, the grounds thereof, and of the place to which such vehicle has been removed
to the Colorado State Patrol and shall file a copy of the report with the proprietor
of any garage or other place of safety in which the vehicle may be stored. The report
shall be made on a form furnished by the Colorado State Patrol and shall include a
complete description of the vehicle, the date, time and place from which removed, the
grounds for removal, and the name of the garage or place where the vehicle is stored.
Provided, however, if the vehicle is removed fran any street, alley, property of
the City of Englewood or private property within the State of Colorado, then, in add-
ition, the Police Department of the City of Englewood, or their authorized represent-
ative in the alternative, shall irmnediately notify in writing the owner of record
and any lienholder at the addresses of such persons shown in the records of the Depart-
ment of Revenue of the State of Colorado, if the vehicle is registered in this State,
of the removal of such vehicle and give the date, time, and place of the Department's
action, the grounds upon which the removal was authorized and the location where the
vehicle is stored. If the vehicle is not registered in this state, the Police Depart-
ment's of ··.tba,City of Englewood, or their authorized representative, shall make a
reasonable effort to notify the lienholder and owner of record of the removal and
location of the vehicle.
(e) In either alternative, if the lienholder or owner of record, within thirty
(30) days from the date notice was sent to the owner of record or the lienholder by
the Colorado State Patrol or the Police Department of the City of Englewood, fails to
reclaim said vehicle by paying to the keeper of the vehicle the cost of appraisal,
towage and storage involved in the taking of possession and storage of said vehicle,
the Police Department of the City of Englewood, or their authorized representative,
is hereby authorized to sell at public or private sale the · abandoned vehicle. The
Police Department of the City of Englewood, or their authorized representative, shall
execute and deliver a bill of sale, together with a copy of the report to be filed
with the Department of Revenue to the person purchasing the vehicle. Irmnediately
following sale of said vehicle, the Police Department of the City of Englewood shall
send or cause to be sent a written report of such sale to the Department of Revenue.
The report and the bill of sale shall be on a form or forms similar to or the ~e as
those furnished by the Colorado State Patrol and shall include a complete description
of the vehicle and a copy of the bill of sale.
25.5-4 Disposition of Proceeds of Sale.
In the event a vehicle is sold under the provisions of 25.5-3, the proceeds of
sale shall be disposed of in the following manner:
(a) First, cost of towing with a minimum charge of five dollars ($5.00) and a
maxim\D1l charge of twenty-five dollars ($25.00) to be computed at the rate of one
dollar per mile one way and storage to be charged at a rate of fifty cents per day
for uncovered storage, and up to one dollar and fifty cents per day for covered
storage for a maxim\D1l of thirty (30) days. In the event the proceeds are insufficient
to cover such costs, the Police Department of the City of Englewood is hereby auth-
orized to collect any deficiencies, including attorneys' fees, court costs and such
reasonable costs as have been necessary to enforce this Ordinance, from the owner or
operator by appropriate civil action for and in connection with the removal of any
vehicle under the provisions of this Ordinance. .... ' ·
(b) Second, if the vehicle was removed from the highway or highway right-of-way
of the State of Colorado within the City of Englewood, and if the Police Department
of the City of Englewood, in its sole discretion, determines that a reasonable amount
for the coats incident to the appraisal and sale of the vehicle has been incurred by
the City, said reasonable costs may be deducted from the remaining balance prior to
mailing the balance to the Department of Revenue of the State of Colorado.
(c) Third, if the vehicle was removed from any street, alley, or other property
of the City of Englewood or fran private property within said City, the balance, if
any, may, in the alternative, be paid as follows:
(1) The towing and storage costs as enumerated in subsection (1) above.
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(2) A reasonable amount for the costs incurred by the Police Department of the
City of Englewood as a consequence of the appraisal, the giving of notice, the sub-
mission of written reports and the sale of said vehicle.
(3) Any balance then remaining shall be p~id first, to any lienholder of record,
second to any owner of record as their interests may appear upon the records of such
Department, or to any person submitting pro6f of their interest in said vehicle. If
such payments cannot be made, the balance shall be deposited either to the credit of
the Police Pension Fund of the City of Englewood, or to the credit of the Colorado
Highway users tax fund.
(d) Whenever a vehicle has been removed to a garage or other place of safety
under the provisions of this Ordinance, the keeper shall have a first and prior lien
against such said vehicle dependent upon possession for his compensation for towage
and for caring for and keeping safe said vehicle for a period not exceeding thirty
(30) days from date of removal. If the lienholder or owner elects to reclaim the
vehicle, he shall first pay to the keeper the cost of towage and storage involved.
25.6 Penalties
(a) In accordance with the provisions of 27.2 of the Municipal Code of the
City of Englewood, any person who shall be convicted of a violation of any provision
of Chapter 25 of this Municipal Code, or of any provision of any code herein adopted,
shall be fined a sum of not less than one dollar ($1.00) nor more than three hundred
dollars ($300.00) or imprisoned for a term not exceeding ninety (90) days for each
offense, or both such fine and imprisonment. Where any violation is a continuing
offense, each day that the violation shall continue shall be considered and held to
be a separate and distinct offense.
(b) The judge of the Municipal Court is hereby authorized to designate the
specified offenses under Chapter 25 of the Municipal Code of the City of Englewood,
and any code adopted therein, in respect to which payments of fines may be accepted
by the Violations Bureau in satisfaction thereof, and shall specity the suitable
schedules the amount of such fines for first, second and subsequent offenses, pro-
vided such fines are within the limitations declared by law, and shall further
specify what number of offenses shall require appearance before the Court.
Section 2. Section 18.13-1 of the Municipal Code of the City of Englewood is
hereby amended to read as follows:
"18.13-1 Violations Bureau Created.
The municipal judge may establish a Violations Bureau to assist the court with
the clerical work of code or ordinance violations. The bureau shall be in charge of
such person or persons and shall be open on such days and during such hours as the
municipal judge may designate."
Section 3. Ordinances inconsistent with the provisions of this Ordinance are
hereby repealed, except People's Ordinance No. 1, Series of 1966, and except that
this repeal shall not affect or prevent the prosecution or punishment of any person
for any act done or committed in violation of any Ordinance hereby repealed prior
to the effective date of this Ordinance.
Section 4. If any part or parts of this Ordinance are for any reason held to
be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, it being the express ·
legislative intent of the City Council of the City of Englewood that each part or
parts hereof are separate, independent and severable and that this Ordinance would
have been passed, irrespective of the fact that one or more parts thereof be de-
clared invalid or unconstitutional.
Introduced, read in full, passed on first reading and public hearing set
thereon for the 3rd day of January, 1967 by the City council of the City of
Englewood called at its regular meeting on the 21st day of November, 1966, amended
at the regular City Council Meeting December 5, 1966, and ordered published in the
Englewood Herald and Enterprise.
t ,._
City Attorney Criswell reported on the acquisition of the Ostrousky property
for the Dartmouth Park. Mr. Criswell stated that the City was proceeding with
condemnation proceedings for the acquisition of said property. However, an agree-
ment had been reached with the Ostrouskys which provided for the following:
(1). That the City of Englewood would pay 75% of the offered
purchase price.
(2). That, in return, the Ostrouskys would give the City of Englewood
possession of their property within 30 days notice.
(3). If the City of Englewood were to take possession of the property
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as allowed for above and before conclusion of the condemnation proceedings
no interest charges would accrue against the City.
Mr. Criswell stated that the City's offer to the Ostrousky's was for $33,000.00.
COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, 'l'HA~ THE CITY ATTORNEY
BE AUTHORIZED TO PROCEED WITH THE OSTROUSKY'S FOR THE ACQUISITION OF THEIR PROPERTY
AND THAT THE AGREEMENT DESCRIBED BY THE CITY ATTORNEY BE AUTHORIZED BY COUNCIL. Upon
the call of the roll, the vote resulted as follows:
Ayes: Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the motion carried.
city Attorney Criswell inquired as to whether the City Council wished to proceed
with the acquisition of the Rice property 1091 W. Belleview which borders on Englewood
Belleview Park.
COUNCILMAN LUDWIG MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY ATTORNEY BE
AUTHORIZED TO PROCEED WITH THE ACQUISITION OF THE RICE PROPERTY AT 1091 W. BELLEVIEW.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the motion carried.
City Manager Dial reported that the removal of tree limbs on public right-of-way
was in the last stages. Bids have been opened on the removal of limbs in the area
bounded by Broadway, Huron, Belleview, and Radcliff Streets. The low bid received was
that of Winslow Construction co. in the amount of $3,950.00. He further stated that
the total costs, including contract and out-of-pocket costs to the City, would
approximate $16,400.00.
City Manager Dial reported that he had received preliminary information from
Aurora, Boulder and Denver in regard to their policies on the responsibility of
property owners for trees on City properties. He stated that he would repo.rt more
fully at the next City council Meeting. City Manager Dial presented a report on the
City's position in regard to the 1966 Budget and the transfer of appropriations
which would be necessary. City Clerk Lyon presented and read the following certificate
stating that there is an unemcumbered and unappropriated surplus in the General Fund
of $45,998.96.
CERTIFICATE
I, Stephen A. Lyon, Director of Finance, of the City of Englewood, County of Arapahoe,
State of Colorado, do hereby certify there is an unencmnbered and unappropriated sur-
plus in the General Fund of $45,998.96 which is available for appropriation or tran-
sfer as set forth in Section 93, Municipal Charter.
(SEAL)
Dated: November 21, 1966
RESOLUTION
WHEREAS, it has been deemed necessary and expedient during the fiscal year of 1966 to
expend fran several departments within the General Fund various amounts in excess of
the respective original figures therefor, and all for the best interests of the City:
and
WHEREAS, there have been certain other departments within the General Fund which
will not expend their appropriation for the fiscal year 1966: and
WHEREAS, the Director of Finance has certified that there is an unappropriated balance
in the General Fund of $45,998.96: and
WHEREAS, it is in the best interests of the City that certain of these appropriation
balances be transferred:
NOW, THEREFORE, BE IT RESOLVED that the following 1966 budget accounts in the General
Fund be revised and increased or decreased by the amounts set forth:
TRANSFER OF APPROPRIATIONS TO
. $ City Attorney -Program 160 • • •
Municipal Court -Program 210 . •
Streets & Drainage -Program 520 . . . .
3,000.00
500.00
7,000.00
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Minutes of November 21, 1966
Traffic Maintenance -Program 530 • • • • . • • • . • • • • • • $
Building Inspection -Program 810 • • • • • • • • . • • •
Building Maintenance -Program 820 • • • • • • • • • • •
Library -Program 1110 • • • • • • • • • • • • • • • • • • • •
TRANSFER OF APPROPRIATIONS FROM
5,000.00
11,000.00
14,000.00
7,000.00
City Manager -Program 310 • • • • • • • . • • • •
Finance Department -Program 410 • • • • • • • • • • • • •
Unappropriated Surplus • • • • • • • • • • • • • • • •
•• $ 2,000.00
6,500.00
39,000.00
BE IT FURTHER RESOLVED that the Director of Finance be and he is hereby authorized
and directed to revise the City's financial records accordingly before closing such
records for the fiscal year 1966.
ADOPTED AND APPROVED this 21st day of November, 1966.
Mayor
ATTEST:
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RESOLUTION
TRANSFERING AND AMENDING 1967 APPROPRIATIONS IN THE GENERAL FUND BE ADOPTED BY
THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the motion carried.
City Manager Dial reported that the City did not have, as yet, an easement
agreement with Von Freilick and Assoc. on the extension of South Cherokee Street
through the New Englewood Shopping Center. He stated however, that the easement
agreement called for payment by the City in the sum of $10.00. The agreement would
run from noon on the day of execution to May 1, 1967. The agreement also provided
for the City to maintain that portion of Cherokee Street while the agreement was in
effect and that it allowed for an extension of the agreement to August 1, 1967 if the
City notifies of its desires for extending the agreement.
COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED THAT THE MAYOR AND CITY
CLERK BE AUTHORIZED TO EXECUTE THE EASEMENT AGREEMENT ON THE PART OF THE CITY OF
ENGLEWOOD. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the motion carried.
Mr. Dial stated that the State Highway Department had approved the delay of the
denial of left turns from State Highway 70 onto Bannock Street until January 1, 1967.
City Manager Dial also reported that three bids had been received for the con-
struction of South Cherokee extension. The low bid was that of Peter Kiewit and
Sons of approximately $2,400.00. This bid included extra grading which had originally
not been contemplated, but would be necessary if the City wished to proceed with the
construction of Cherokee extension in the inunediate future.
COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE BID OF PETER
KIEWIT AND SONS FOR THE CONSTRUCTION OF SOUTH CHEROKEE STREET EXTENSION BE ACCEPTED
AS THE LOWEST AND BEST BID. Upon the call of roll, the vote resulted as follows:
Ayes: councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE BILL FOR AN
ORDINANCE ON THE MODEL TRAFFIC CODE BE PASSED ON THE FIRST READING AND THAT THE
PUBLIC HEARING DATE ON THIS ORDINANCE BE ESTABLISHED AS JANUARY 3, 1967 AT 8:00
P.M. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
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Minutes of November 21, 1966
Nayes: None.
Absent: None.
The Mayor declared the motion carried.
City Manager Dial reported that he had received notification from the Martin co.
that it was exercising its option to buy the Atchison Ranch property from the City
of Englewood. He stated that the Atchison Ranch comprises approximately 2,400 acres.
The cost per acre to the Martin co. would approximate $178.00.
See bottom of page.
City Manager Dial stated that a dinner meeting between the Career Service Board
and the City Council had been set for 6:15 P.M. November 28, 1966. He further reported
that the employees' Christmas dinner would be held on December 17, 1966, at the Wolhurst
Country Club and that there would be a coffee on November 30, 1966 from 3:00 to 4:00
P.M. for Roy Young who is retiring from the City's employment.
Mr. George Johnston, 2401 South Pecos, appeared before the City Council. Mr.
Johnston inquired as to what was being done in the City's Housing Code Enforcement
program. City Manager Dial reported that the enforcement program was proceeding on
a limited basis due to lack of funds in the 1967 budget.
Mr. Johnston inquired whether the City was picking up limbs in the industrial
area. City Manager Dial stated that they were.
Mr. Johnston also stated that the Kingsly dwnp problem was reoccuring and that
the area needed cleaning up. He further stated that a number of wrecking yards were
parking cars which are to be wrecked outside the yard fences.
Mayor Allen stated that it would be necessary to appoint a member of the Council
as a representative to the Inter County Regional Planning Conanission. It was a con-
currence of the City Council that Councilman Rice again serve in ' this capacity for the
year 1967.
Councilman Fullerton reported on legislation which would be sponsored by the
Colo. Municipal League.
(1). That the State provide funds to supplement the highway user
tax funds presently given to the cities and counties.
(2). That sales tax authority be granted to smaller cities and
towns.
(3). That cities be granted extra-territorial planning and
zoning authority for an area of one mile outside the
city limits if the county had not established planning
and zoning.
(4). That State statutes be aimnended to provide for special
district exclusion, i.e., an annexed area could ·apply
to remove itself from water and sanitation districts.
(5). That legislation be passed allowing cities to receive
fine money back from the counties when the city per-
forms the arrest.
(6). That legislation be passed to exclude public property
from the adverse possession law.
(7). That the collection fee on the minicipal property
taxes presently given to the counties be re-examined
and placed more in line with the actual collecti9n
costs incurred by the county offices.
(8). That the cities Police and Fire Pension funds be
studied for their actuarial feasibility.
(9). That municipal vehicles be excluded from the State
ton-mile tax.
(10). That the ordinance penalties presently in effect
under State law be examined and considered for
revision.
(11). That police officers be allowed to serve warrants
outside their canmunities.
(12). That a way be established for the counties to
collect municipal sales and use tax on motor vehicles.
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Councilman Ludwig called to the City's attention the fact that there was a parking
problem in the area of the Connors Publishing. He stated that Connors presently
employs approximately 150 people and there is no adequate parking facility for them.
COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MANAGERS
MONTHLY REPORT BE RECEIVED FOR THE RECORD. Upon the call of the roll, the vote
resulted as follows:
City Manager Dial stated that Councilman Kreiling had inquired why the October
list of bills contained two payments to the Mountain States Telephone Company for each
department. Mr. Dial stated that this was due to the fact that the purchasing agent
had been on vacation in September, therefore, causing the October list of bills to show
both the September and October payments.
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Minutes of November 21, 1966
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the motion be carried.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE MEETING BE ADJOURNED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nayes: None.
Absent: None.
The Mayor declared the meeting adjourned at 11:08 P.M.
~L~~
Clerk of the Council
The minutes of the meeting of the City Council of the City of Englewood,
Colorado, held on the 21st day of November, 1966, A.9., stand approved as
written this 5th day of December, 1966.
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