HomeMy WebLinkAbout1964-09-08 (Regular) Meeting MinutesI
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RBGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
SEPTEMBER 8, 1964
The City Council of the City of Englewood, Arapahoe County, Colorado, met on
Tuesday, September 8, 1964, in the Council Chambers, City Hall, Englewood, at the
hour of 8:00 P.M.
Mayor Pro-tam Braun presiding, called the meeting to crder and the in9oaation
waa given by the Re9erend Herbert R. Hosanna of the Mayflower Congregational Church.
The Mayor Pro-tem asked for roll call. Upon the call of the roll, the following
persona were present:
Councilmen: Allen, Braun, Fullerton, Hanson, Kreiling, Rice.
Alao Present: Administrative Assistant Malone,
City Attorney Esch,
City Engineer Waggoner,
City Clerk Chase.
Absent: Mayor Love.
The Mayor Pro-tem declared a quorum present.
MINUTES OF REGULAR COUNCIL MEETING AUGUST 3, 1964
e<>WfCILMAN ALLEN MOVED, COUNCILMAN RICE SECONDED, THAT THE MINUTES OF THE
RBGUIAR MEETING HELD AUGUST 3, 1964, BE APPROVBD AS WRITTEN. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Naya: None.
Abaent: Mayor Love.
'ftle Mayor Pro-tem declared the motion carried.
MINUTES OF REGULAR COUNCIL MEETING AUGUST 17, 1964
COUBCILMAN RICE MOVED, COUNCILMAN HANSON SEOOllDBD, 'nlAT THE MINUTES OF TBB
RBGULAR MBBTING OF AUGUST 17, 1964 BE APPROVED AS WRITTEN. Upon the call of the
roll, the vote resulted aa follows:
Ayes: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Braun.
~·•·: None.
Absent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
B&CROACHMENT OF FB&CE & PAVING TO soot SOUTH BROADWAY, SOUTHSIDE CHRYSLER
PLYMOUTH BUILDING
Mr. Bill Crouch appeared before the Council to requeat an encroachment for
fence and paving on City property at 5001 South Broadway. Thia matter had been
tabled at the regular meeting of August 17, 1964.
COUNCILMAN KREILING MOVED, COUNCILMAN RICB SECC.DED, THAT THE MATTER BE
PLACBD BBPORE COUNCIL AtaIN. Upon the call of the roll, the vote resulted as
follows:
Aye•: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice,Braun.
Raya: None.
Absent: Mayor Love •
'ftle Mayor Pro-tem declared the motion carried.
Mr. Crouch explained to Council that he wished to move the fence eighteen
inches inaide edge of sidewalk and blacktop the area. Diacuaaion ensued as to re-
moval, legal requirements and the setting of a precedent.
COUBCILMAN AL'·EN MOVED, COUNCILMAN HANSON SBCOlfDED, THAT S0111'HSIDE alRYSLBR,
PLYMOU'nl BE ALLOWED TO USE THE AREA AS REQUESTED. Upon the call 0 f the roll, the
vote resulted as follows:
Ayea: Councilmen Allen, Fullerton, Hanson.
Rays: Councilmen Kreiling, Rice, Braun.
Absent: Mayor Love.
484
Minutes of September 8, 1964
The Mayor Pro-tem ruled a tie vote, which defeats the action but advised Mr. Crouch
that he could return to the next regular meeting, September 2lat, when Mayor Love
would be present, and again present his requeat.
642-35 BRIDGE AT WEST DAR'!MOU'l'H AVENUE ova SOUTH PLATTE RIVER
Mr. Don Nisbet and Mr. John Osnes of Lovell-Oanea-Niabet Company, Consulting
Bngineers, appeared before Council in regard to engineering aervice for the con-I
atruction of a bridge at West Dartmouth Avenue over the South Platte River. The .1 eatimated cost of the bridge was $53,500 to $58,000 depending on several unknowna. ,, 1
With the use of City Engineer's Office peraonnel, the engineering fee would be
$3,600 and design would be available fourteen days after receipt of field information.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT '1'HB PROPOSAL BE
RBCBIVBD AND TABLED POR FUR'l'HBR STUDY. Upon the call of the roll, the vote resulted
aa follow•:
Ayea: Councilmen Allen, Fullerton, Hanaon, Rice, Braun.
Naya: Councilman Kreiling.
Abaen t: Mayor Love •
'l'he Mayor Pro-tem declared the motion carried.
USE OF CI'l'r SIDEWALKS OCTOBER 8, 9 AND 10, 1964
Mr. Lee Bennett appeared before Council to requeat use of City sidewalks for
the Downtown Merchant• Aaaociation for October 8, '9, 10, 1964. Discussion enaued.
Mra. Julia Oatroaky, 744 West Dartmouth, expreased the desire of several non-profit
organizations to uae thi• apace for booths.
COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE REQUEST BE
GRAftBD WI'l'B '1'HB PROVISION THAT THE CITY OF ENGLEWOOD BE HELD HARMLESS THROUGH
IHSURARCB. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Haya: None.
Absent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
TRANSFER OF PACKAGE LIQUOR LICENSE, E-Z LIQUORS 3353 S. SANTA FE
Ai ~properly executed application for retail liquor store license, along with
reference letters and police clearance for Mrs. Leopoldine Deffert to transfer
the licenae of E-Z Liquors, 3353 South Santa Fe Drive, was preaented to Council.
Mrs. Deffert appeared before Council and stated she had no other interests in any
liquor eatabliahment.
COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE TRANSFER BE
APPROVED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Nays: Hone.
Absent: Mayor Love.
'l'he Mayor Pro-tam declared the motion carried.
RENEWAL OF RETAIL FERMENTED MALT BEVERAGE LICENSE FOR BELLEVIEW BOWL
An application for renewal of Retail Fermented Malt Beverage License for
Belleview Bowl along with police clearance was presented to Council. Mr. Al
Perry, Manager, appeared before the Council.
COURCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT RENEWAL BE APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Hays: None.
Abaent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
POUR HOUR PARKING REGULATION ON WEST EAS'.lMAN AVBBUE PROM SOUTH BANNOCK TO IOUTB
CHEROKEE
Mr. Tony Linenburger, 3198 south Cherokee, preaented a petition with aeven
signature•, asking that four hour parking regulations be established on West
Eastman Avenue from South Bannock Street to South Cherokee.
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Minute• of September 8, 1964
COUHCILM.AN KREIL:ING MOVED, COUNCILMAN ALLEN SBCONDBD, 'l'BAT THE PETITION BE
ACCBPTBD AND RBPBRRED TO 'MB TRAFFIC SECTION POR RBVIBW AND RBCC»IMBIJDATION. Upon
the call of the roll, the vote resulted as follow•:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Nays: None.
Abaen t: Mayor Love.
'l'he Mayor Pro-tem declared the motion carried.
VARIOUS MINUTES
council acknowledged the receipt of minutes of Planning and zoning Commission,
Auguat 19, 1964, Auguat 26, 1964, September 2, 1964: Library Board, August 18, 1964:
Board of Adjuatment and Appeals, September 2, 1964: Board of Career Service
COllllliaaioners, August 26, 1964.
MINUTBS OP PARKS AND RECRBA1'ION CC»tMISSION AUGUST 27, 1964
The minutes of the Parka and Recreation Commission, August 27, 1964, were re-
ceived by Council. A recommendation was contained therein wherein they recommended
leaae or purchase of Norval Pout property at Jaaon Park and recommending that
approximately $3,000 of the City's 1964 Public Improvement Fund monies be used to
begin negotiations.
OOUBCILMAN ALLEN MOVED, COUNCILMAN FULLERTON SBCONBD, 'MAT THE REQUEST BE
APPROVED. Upon the call of the roll, the vote resulted aa follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice.
Raya: Councilman Braun.
Abaent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
MINUTES OF WATBR AND SEWER BOARD MEETING OF AUGUST 18, 1964
The minutes of the Wa~er and Sewer Board meeting of August 18, 1964, were re-
ceived by Council. The Board recommended that Mr. M. o. Shivers, Jr. be authorized
to cooperate with District Ten Water Users Association in protesting use of Blue
River return flow by the City of Colorado Springs and/or the South Suburban Water
Diatrict, Bl Paso County, Colorado, such authority extending to assistance in liti-
gation, if necessary: and, to cooperate with the Parmer• Reservoir and Irrigation
Diatrict return flow, and any claim, by Denver, to a right of re-use in any fashion,
return flow from municipal use of Blue River water: likewiae, such authority to
extend to assistance in litigation, if necessary.
COU11CIU4AN FULLBR'l'ON MOVED, COUNCillMAH RICE SBCON'DBD, TO FOLLOW THE RBCCll-
MBBDATION. Upon the call of the roll, the vote reaulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Nays: None.
Absent: Mayor Love •
'l'he Mayor Pro-tem declared the motion carried.
WATBR AND SEWER BOARD MIW'l'BS OP AUGUST 25, 1964
The council received the minutes of the Water and Sewer Board meeting of
August 25, 1964.
RELATING TO PARKING RESTRICTIONS
Introduced as a Bill by Councilman Fullerton
BY AU'l'BORITY
ORDINANCE NO. 18, SBRIBS OP 1964
AR ORDINANCE AMENDING SECTION 25.20-8(c) OP 'MB MUNICIPAL CODE OF THE CITY OP
BllGLBWOOD, COLORADO, AS\AMENDBD BY CHANGING THE COMMENCEMENT OP THE THREE HOUR
VBBICLB PARKING PERIOD FRat 9:00 A.M. TO 8:00 A.M.
COUNCILMAN PULLBR'l'ON MOVED, COUNCILMAN RICE SBCONDBD, '!HAT ORDINANCE NO. 18,
SBRIBS OP 1964 BE PASSBD OB SBCOND AND FINAL RBADIRG AND PUBLISHED IN FULL IN THE
BllGLBMOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted aa
follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Naya: None.
Minu~•• of September 8, 1964
Abaent: Mayor Love.
'ftle Mayor Pro-tam declared the motion carried.
REGAR.DING LATE REGISTRATION OF LEGAL NON-CONFORMING USE
City Attorney Esch presented a propoaed ordinance for late registration of
legal non-conforming use to the Council. Diacuaaion ensued aa to being written
on the property rather than the individual, after legal documentation that such
uae waa permitted.
COUBCILMAN RICE MOVED, COUNCILMAN ALLEN SECONDED, THAT TH~S BE REFERRED
BACK TO THE CITY ATTORNEY FOR FURTHER REDRAFTING. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Braun.
Haya: None.
Absent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
SALE OF CITY LAND TO MR. DALE REA
Introduced a• a Bill by Councilman Rice
A BILL
FOR AN ORDINANCE AUTHORIZING THE SALE BY THE CITY OF EHGLBWOOD, COLORADO, TO DALE
H. REA OF 'DIE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN ARAPAHOE COUNTY, COLORADO:
BEGINNING 594 FEBT NOR'DI OF THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 5 SOUTH,
RAHGE 68 WEST: THENCE NORTH 89° 59' EAST FOR 565.9 FEET: DENCE NORTH 0° 8' EAST
FOR 1206.6 FEET: THENCE NORTH 27° 10' EAST FOR 238.2 FEET: THENCE NORTH 0° 5' WEST
FOR 188 FBET TO THE TRUE POINT OF BEGINNING, WHIOI POINT IS APPROXIMATELY 60 FEET
SOUTH OF THE CENTER LINE OF BIG DRY CREEK: THBHCE NOR'DI 0° 5' WEST FOR 707.7 FEB'!'
TO THE SOUTH BO~Y OF THE COUNTY ROAD: THBIJCB SOUTH 83° 12' WEST ALONG THE SOU'l'H
BOUBDaRY OF THE COUNTY ROAD FOR 128.7 FEET: THBHCE SOUTH 6° 48' EAST FOR 80.S PEBT
THDCE SOU'l'H 83° 12' WEST FOR 145 FEET, MORE OR LBSS, TO THE CENTER LINE OF THE
SOUTH PIATTE RIVBR: THB&CB SOUTHERLY ALONG THE CD'l'BR LINB OF THE SOUTH PLATTE
RIVBR TO A POINT FR(I( WHICH 'DIE TRUE POINT OF BBGIDING BEARS NORTH 89° 55' EAST:
TRDCE NORTH 89° 55' BAST FOR 100 FEET, MORE OR LESS: THEHCE NORTH 89° 55' EAST
FOR 200 PBBT TO 'MB TRUE POINT OF BEGINNING: AND RESERVING TO THE CITY OF ENGLEWOOD
AlfD TO ALL PRIVATB OWllBRS OR PUBLIC UTILITIES ALL UTILITY EASDIBNTS NOW OF RECORD
AlfD ALL WATER RIGHTS EXISTING IN CONNECTION WITH SAID REAL PROPERTY: AND AUTHORIZING
'1'BB MAYOR OF THB CITY OF BRGLBWOOD, COLORADO, TO BXBCUTE ARD THE CLERX OF SAID CI'l'Y
TO ATTBST A QUIT CLAIM DBBD TO SAID REAL PROPBR'l'Y TO DALE H. REA.
WBBRBAS, the title to the hereinafter described property now stands in the
name of the City of Englewood, Colorado, which said property is owned in a
proprietary capacity and was neither granted to, purchased by, or used by the
City for park purpoaea nor water rights and is not used for governmental purpo•••:
and,
WBBREAS, Dale H. Rea has agreed to purchase the said property for $3,000.00,
subject to existing easements and water rit~ta connected therewith, if any, which
sum in the opinion of the City Council of the City of Englewood, Colorado i• a
fail and reasonable value of said real property: and
WHEREAS, the said City Council of the City of Englewood, Colorado, deems it to
be in the beat interests of the people of the City of Englewood, Colorado, to sell
and convey said property .for the sum aforesaid:
ROW, 'IHEREPORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. That the Mayor of the City of Englewood, Colorado, be and he is
hereby authorized and directed to execute in behalf of said City, and the Clerk of
said City be and he i• hereby authorized and directed to attest in behalf of said
City a Quit Claim Deed conveying to Dale H. Rea the following de•cribed property
located in Arapahoe County. Colorado, to wit:
BEGIHHING 594 feet North of the Southwest corner of Section 9, Township
5 SOuth, Range 68 West: thence North 89° 59' East for 565.9 feet: thence
North 0° 8' Ba•t for 1206.6 feet: thence North 27° 10' Bast for 238.2
feet: thence North 0° 5' West for 188 feet to the true p:>int of begin-
ning, which point is approximately 60 feet South of the center line of
Big Dry Creek: thence North 0° 5' West for 707.7 feet to the South
boundary of the County ~oad: thence South 6° 48' East for 80.5 ft.
thence South 83° 12' West for 145 feet, more or le••· to the center
line of the south Platte River: thence Southerly along the center line
of the South Platte River to a point from which the true point of
beginning bear• North 89° 55' East: thence North 89° 55' Bast for 100
feet, more or le••: thence North 89° 55' East for 200 feet to the true
point of beginning.
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Minutes of September 8, 1964
said deed to be delivered to Dale H. Rea upon receipt of full payment to the City
of Englewood, Colorado of $3,000.00 for the said real property.
Passed on First Reading by the City Council of the City of Englewood, COlorado,
this 8th day of September, A.D. 1964, and ordered published in full in the
Bnqlewood Herald and Bnterpriae.
AT'l'BST:
~~{!eec
lark
Mayor v1'":y
COUBCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE ABOVE BILL BB
PASSBD OB FIRST READING AND ORDERED PUBLISHED IN PULL IN THE ENGLEM>OD HERALD AND
BBTBRPRISB. Upon the call of the roll, the vote resulted aa follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Raya: None.
Absent: Mayor Love.
The Mayor Pro-tam declared the motion carried.
RECESS
'l'he Mayor Pro-tem called a recess of the Council at 9:50 P.M.
CALL TO ORDER
The Mayor Pro-tem called the Council to order at 10:00 P.M. with the following
members present:
Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
The Mayor Pro-tem declared a quorum present.
SUIT AGAINST ENGLEWOOD & SALE OF Cift PARK
City Attorney Each reported to City Council that suit had been filed by the
•save The Park Association, Inc." against the City of Englewood and the sale of the
City Park.
COUllCILMMI ALLEN MOVED, COUNCILMAN RICE SECORDED, THAT THE CITY ATTORNEY BE
AUTBORIZBD TO DEFEND THE ACTION. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Haya: None.
Absent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
1965 BUDGET
The City Attorney advised the City Council that the notice on the proposed
1965 Budget be published and a public hearing be set for 8:00 P.M., Monday,
September 28, 1964, in Council Chambers.
COUNCILMAN FULLERTON MOVED, COUNCILMAll HANSON SECONDED, THAT THE PUBLICATION
BB AUTHORIZED. Upon the call of the roll, the vote reaulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Raya: None.
Absent: None.
The Mayor Pro-tem declared the motion carried.
PETITION AGAINST Cift PARK ZONING
Administrative Assistant Malone advised Council that a petition had been pre-
sented containing 1800 signatures, more or leas, protesting the rezoning of City
Park. The petition asked this matter be referred to a vote of the people.
Minute& of September 8. 1964
COUNCILMAN RICE MOVED, COUNCILMAN ALLEN SECONDED, THAT THE MATTER BE REFERRED
TO THE CITY ATTORNEY FOR CHECKING AND TO REPORT BACK TO THE COUNCIL. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton. Hanson, Kreiling, Rice, Braun.
Nays: None.
Absent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
PIPELINE CROSSING -WEST OXFORD AND SOUTH SANTA FE DRIVE
The matter of a license between the City of Englewood and the Atchison,
Topeka and Santa Pe Railroad Company for a water pipeline ctoaaing at West
Oxford Avenue and South Santa Fe Drive was presented to council. This is a
pipeline to let more water out of the Bear Creek Filter Plant.
COUHCILMAN FULLERTON MOVED, COUNCILMAN RICE SBCOHDED, THAT THE MATTER BE
RBPBRRBD TO THE CITY ATTORNEY THEN BE RETURNED TO COUNCIL. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Nays: None.
Absent: Mayor Love.
The Mayor Pro-tem declared the motion carried.
TREE CLEARANCE WESTERN SLOPE WATER LINE
At the July 6. 1964 meeting the Water Board recommended to negotiate a
contract with three different firms for removal of trees at Wester Slope Water
Line. It was suggested that Council approve $10,000 and allow the Mayor and
City Clerk to sign such a contract.
COUNCILMAN ALLEN MOVED, COUNCILMAN HANSON SECONDED, TO REFER THE MATTER
BACK TO THE CITY MANAGER FOR HIM TO NEGOTIATE AS TO PRELIMINARY COSTS. Upon cehe
call of the roll. the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Nays: None.
Absent: Mayor Love •
The Mayor Pro-tem declared the motion carried.
BILLS, CLAIMS AND INVOICES FOR MONTH OF AUGUST, 1964
A list of bills, claims and invoices for the month of August, 1964. was
presented to Council.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE BILLS, CLAIMS
ARD INVOICES FOR THE MONTH OF AUGUST, 1964 BE ALLOWED. Upon the call of the roll,
the vote resulted aa follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreilinq, Rice, Braun.
Nays: None.
Absent: Mayor Love.
The Mayor Pro-tam declared the motion carried.
Mayor Pro-tem Braun recognized non-scheduled citizens and visitors:
Acknowledged presence of:
Mr. Chalmerse Parker, former Councilman,
Mr. Nate Burt,
Mr. Ben Brown.
Mr. Lyrick,
Mr. Reed,
Mr. Summers,
Mr. Jack Eachon, Banker.
Mrs. Ostrosky expressed pleasure in that Council was considering the construc-
tion of the Dartmouth Avenue bridge over South Platte:-River.
Mr. Johnson complained as to the condition of wrecking yar•s in the 1700
block on Weat Wesley. He was informed to give all the information to the City
Manager's Office to be checked out.
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Minutes of September 8, 1964
Councilman Rice reported the increase in speeding and drag racing and asked
for atricter enforcement by the Police Department.
councilman Fullerton inquired aa to the lawsuit on KLZ property.
COUBCILMAN RICE MOVED, COUBCILMAN KRBILING SECONDED, TO AUTHORIZE THE CITY
ATTOUBY TO PROPERLY ACT AND DEFEND THIS SUIT WHICH WOULD BB AN APPEAL TO THB
SUPRIDIB COURT. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Hanson, Kreiling, Rice, Braun.
Nays: Councilman Fullerton.
Absent: Mayor Love •
The Mayor Pro-tem declared the motion carried.
ADJOURN
COUNCILMAN ALLEN MOVED, COUNCILMAN HANSON SECONDED, THAT COUNCIL BE ADJOURHBD.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun.
Haya: None •
Abaent: Mayor Love.
The Mayor Pro-tem declared the meeting adjourned at 11:10 P.M.
/s/ Ray Chase, City Clerk
Clerk of the Council
The minute• of the meeting of the City Council of the City of Englewood,
Colorado, held on the 8th day of September, 1964 A.O., stand approved as corrected
thi• 5th day of October, 1964 A.O.
<2L~~
---~Y Clerk