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HomeMy WebLinkAbout1964-12-21 (Regular) Meeting MinutesI I I I REGULAR MEETI NG: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEJ1B~ 21, 1964 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, Dacember 21, 1964, in the Council Chambers, City Hall, Englewood at the hour of 8:00 P.M. Mayor Pro-Tem Braun presiding called the meeting to order and the invocation was given by the Reverend F. F. Hahn of the Immanuel Lutheran Church. The Ma y or Pro-Tem asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Allen, Braun, Fullerton, Hanson, Kreiling, Rice. Also Present: City Manager Dial, Assistant City Attorney Myrick, City Clerk Chase. Absent: Mayor Love. The Mayor Pro-Tern declared a quorum present. PLEASANT VIEW SUBDIVISION Mr. Wendell Martin, President of the Englewood State Bank, was present to discuss the bond held by the Englewood State Bank on Pleasant View Subdivision. This represents curb and gutter for ten houses on South Julian and South Knox Court, on which there has been financial problems. Discussion ensued as to what could be done. Mr. Martin requested the bond be extended to December 31, 1965. COUNCILMA N ALLEN MOVED COUNCILMAN HANSON SECONDED, THAT THE BOND BE EXTENDED TO DECEMBER Jl, 1965. 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-Tern declared the motion carried. SALE OF CITY HALL Mr. M. M. Summers, 3140 South Delaware, was present with regard to the sale of City Ha ll. He brought up that this is a valuable piece of property because of the location and that it belongs to the people and that if Council should decide to sell it they should call a special hearing. PAVING DISl'RICT NO. 15 A report regarding possible streets for inclusion in Paving District No. 15 was discussed. COUNCILMA N RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE LAYOUT FOR PAVI NG DISTRICT NO. 15 BE APPROVED, RESOLUTION BE ORDERED DRAWN, AND THE CITY MANAGER PROCEED TO PROCURE A FISCAL AGENT FOR HANDLING THE BONDS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerto~ Hanson, Kreiling, Rice. Nays: Councilmen Braun. Absent: Mayor Love. The Mayor Pro-tern declared the motion carried. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THE COUNCIL GO ON RECORD AS TO THE NECESSITY OF CONSIDERING A STORM SEWER CONSTRUCTION ON SOUTH SANTA FE LANE, WEST KENYON INTO THE PLATTE RIVER IN THE 1966 IMPROVEMENT PROGRAM. Upon the call of the roll, the vote resulted as follows: Ay es: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Nayes: None. Absent: Ma y or Love. The Mayor Pro-tern declared the motion carried. 55!3 554 Minutes of December 21, 1964 Mr. Harold Sampson, Wilkerson Corporation, appeared to thank Council for the action taken on Paving District No. 15 relative to the industrial area. The City Clerk read the following resolution in full: R E S 0 L U T I 0 N WHEREAS, on September 18, 1961, the City Council of Englewood, Colorado, along with the City of Aurora and the City of Littleton, through their res- pective City Councils and the Adams County Bookmobile Service, through the Adams County Library Board did enter into a joint contractual agreement entitled "Library Agreement" with the County Commissioners of Arapahoe County Colorado; and, WHEREA S , this agreement was made for the express purpose of establishing in Arapahoe County Colorado, uniform Public Library services for the citizens of the County ; and, WHEREAS, over the past three years under the auspices of this joint program, such a uniform service has been provided extending to Arapahoe County citizens Library Services through the use of Municipal Libraries, Branch Libraries, and Boolanobile services where formerly such services were not provided; and, WHEREAS, the Board of County Commissioners did by lawful and legal authority enter into this contract and agreed to assume certain obligations which would enable this joint endeavor to be practicable and effective, and to accomplish its purpose by providing an expanded library service to all Anapahoe County citizens; and, WHEREA S , one of the COITll'llitments made by the Board of County Commissioners was that a levy of approximate.: one mill would be made to finance this program.; and, WHEREA S , for the ye er 1964 the tax levy for Library purposes will be only .91 mills, representing a ten per cent reduction in levy from the year 1963 with a corresponding decline of anticipated revenues for 1965; and, WHEREA S , a uniform County mill levy is the fairest and most equitable means of financing such a program and that a County levy imposed, yet at an insufficient level to provide adequate funds thereby requiring supplemental funds from the ent- ities involved, does impose a double tax upon the residents of these entities and constitutes an inequity that this City Council does not desire to force upon its residents; and, WlimEAS, the Board of County Commissioners further agreed to "confer with the representatives of the cities and the Adams County Library Board before any changes are made in the proposed budget" submitted as a consolidated budget by the entities involved; and, WHEREAS, the Board of County Commissioners proceeded to, and did alter the proposed 1965 budget without the consent of, or consultation with, the various entities, and in so doing did create a hardship on the City of Englewood in that information of the Commission's action was made known only after the City's 1965 budget had been finally approved and adopted; and, only after the City's 1964 mil l levy was certified to the County Commissioners; and, WHE REA S , t he City of F.nglewood's reduction in Library funds represents an amount of $1 4,977 less than the amount anticipated to be received in 1965, and leas than the amount deemed necessary to provide an adequate and continuous program, and for which the City of Englewood can provide no substitute without affecting pl a 1ne d programs, such as the acquisition of a bookmobile for which $6,000 was set aside in 1964; with an additional $10,000 proposed to be set aside in 1965; sa i d bookmobile being used primarily to serve residents from outside Englewood; and, WHEREA , t hi s reduction of' funds will necessitate a "cut-back" in the operational services of the Englewood Public Library for the year 1965 and may also jeopardize the City's share of State Grant in Aids and possibly result in a loss to the City of Englewood of some $6,000 of State monies in addition to the money abstracted from the County Library Contract; and, WHEREAS, the City Council of the City of Englewood feels that the Board of County Commissioner's actions may encourage the withdrawal of one or more of the parties to this agreement and any such withdrawals would, indeed, jeopardize the entire Library Program and consequently result in the loss of a most valuable service to Arapahoe County residents, NOW, THEREFORE, BE IT RESOLVED, that we the members of the City Council of the City of Englewood, on behalf of the citizens of our co$nunity, do hereby urgently request the Board of County Commissioners to restore the amount to be distributed in 1965 for library purposes to the equivalent of one mill so that I I I I I I I I Minutes of December. 21, 196!1 each individual unit of government involved may continue to provide a high level of library service to the citizens of Arapahoe County Colorado, and be it further resolved that upon failure of the Board of County Commissioners to provide the necessary funds required for the budgeted library program for 1965 the Englewood City Council will be forced to withdraw from this program and discontinue services to other than Ehglewood residents, and if the County levy is continuely imposed, Englewood citizens may expect and rightfully _ receive library services from all other library facilities within Arapahoe Count7. ADOPTED AND APPROVED this 21st day of December, 1964. ~y~ ATTE.ST: COUNCI :U.tA N RICE MOVED, COUNCilltAN FULLERTON SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED AND THAT COPIES BE SENT TO ALL ARAPAHOE COUNTY COMMISSIONERS, CITY OF AURORA, CITY OF LITTLETON, ADAMS COUNTY LIBRARY BOARD AND ENGLEWOOD LIBRARY BOARD. Upon the call of the roll, the vote resulted as follows: Ay es: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Nays: None. Absent: Mayor Love. The Mayor Pro-tem declared the motion carried. The minutes of the Water and Sewer Board meeting of December 15, 1964 were received. COUNCILMA N FULLERTON MOVED, COUNCILMAN ALLEN SECONDED, THAT THE RECOMMEN- DATIO N OF THE WATER AND SEWER BOARD IN ABSORBING ADDITIONAL TERRITORY TO THE SOUTH ARAPAHOE SANITATION DISTRICT BE APPROVED. Upon the call of the roll, the vote resulted as fo l lows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Nays: None. Absent: May or Love. The Mayor Pro-tem declared the motion carried. The matter of the Union Street bridge as to proper flooding prevention was again brought up. The Council asked the City Manager to work this out with legal counsel. The minutes of the Planning and Zoning Commission meeting of December 9, 1964, special meeting of December 16, 1964; minutes of the Library Board meeting of December 8 , 1964; the minutes of the Board of Adjustments and Appeals meeting ot December 9, 1964; minutes of the Board of Career Service Commissioners meeting ot December 16 , 1964; and minutes of the Parks and Recreation Commission meeting of December 1 7, 1964, were received for the records. Introduced as a Bill by Councilman Allen A BILL FOR AN ORDINA NCE REPEALING SECTIONS lJ.l THROUGH 13.12-6 INCLUSIVE, OF THE MUN ICIPAL CODE OF THE CITY OF ENGLm-IOOD, COLORADO, RELATIVE TO BUILDING REG ULATIO NS AND ADOP TING NEW SECTION 13.1 THROUGH lJ.12-J, INCLUSIVE THEREFOR.- BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section lJ.l through lJ.12-6 of the Municipal Code of the City of Englewood, Colorado is hereby repealed and a new Section lJ.l through lJ.12-3 relative to Building Regulations, shall read as follows: CHAPTER 13 BUILDING REGULATIONS 555 556 Minutes of December 21, 1964 (cross references to Charter; Board of Adjustment and Appeals Section 59; City Manager Section 52). PART I. Section Section Section Section Section Section Section Section Section Section Section Section Section Section ection Section Section Section Section Section Section Section Section Section Section Building Code. lJ.l Title lJ.2 13.3 13.4 13.5 13.6 lJ.7 lJ.8 lJ.8-1 lJ.8-2 13 .6-3 13.9 13.10 1 ).11 lJ .11-1 lJ.11-2 lJ.11-3 1).11-4 13.11-5 1 3.11-6 lJ.11-7 13.11-8 lJ.12 13.12-2 lJ.12-3 Purpose of the Building Code Severability and Transition of Building Code Scope of Building Code Organization General Powers and Duties of the Building Inspection Department: Chief Building Inspector Valuation Unsafe Buildings or Structures Unsafe Utility Abatement and Notice of Unsafe Buildings, Structures or Utilities Application to Existing Buildings, Structures or Utilities Alternate Methods, Materials and Equipment Prohibitions and Violations Permit Required Survey Perm.its Permit Fees Inspections Certificate Occupancy Change of Occupancy Wrecking Moving Licensing of Contractors Cooperation of City Officials Violations PART I -BUILDING CODE 1).1 Title. This section of the Municipal Code of the City of Englewood is cited as and referred to as "The Building Code" or the "Building Code of the City of Englewood." Where the term "Department" is used in this Building Code, this shall mean the "Building Inspection Department." Where the term "Building Official" or "Chief Building Inspector" is used in this Building Code, this shall mean the Chief Building Inspector or his authorized representative. Where the term "City" is used in this Building Code, this shall mean the City of Englewood. 1 .2 Pur ose or The Buildin Code. This Building Code is enacted to pre- serve an promote t e pu c iea t , safety and welfare of the inhabitants of the City of Englewood and of the public generally, by regulating and control- ling the use, construction and quality of materials; location and maintenance or buildings, structures and utilities within the City and certain equipment specifically regulated herein. 1 • Severabilit and Transition of Buildi If for any reason any one or more sect ons, sentences, c auses or par s o e Building Code are held invalid, such judgment shall not effect, impair or invalidate the remaining provisions of this Building Code but shall be confined in its operation to the specific sections, sentences, clauses or parts of this building code held in- valid and the invalidity of any section, sentence, clause or part of this building code or in any one or more instances shall not effect or prejudice in any way the validity of this building code in any other instance. All offenses committed and all liabilities incurred prior to the effective date of this building code shall be treated as though all prior applicable ordinances and amendllents thereto were in full force and effect for the purpose of sustaining any proper suit, action or prosecution with respect to such offenses and liabilities. 13.4 Scope of Building Code. The Building Code shall extend to and govern the following: (e.) Construction, addition, alteration, repair, demolition, removal, moving, occupancy and maintenance of any building, structure or utility hereafter erected. This shall also cover the excavation for such buildings or structures. (b.) Alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, structure, or utility here- tofore erected. 13.5 Organization. artment; Chief This department shall be administered by a Chief Building Inspector ap- pointed by the City Manager and whose powers and duties are hereinafter defined. The Chief Building Inspector shall be a professional engineer registered by the State of Colorado, an architect licensed by the State of Colorado or superintendent of construction of not less than 5 years experience, or a com- parable and suitable combination of education and experience. (h) Authoriz0tion and Identification. The Chief Building Inspector shall authorize or appoint various individuals to carry out such duties and exercise I I I I I I I I Minutes of December 21, 1964 such powers as may be delegated to him by this Building Code. Each employee of this Department shall be provided by the City with an identification card bearing a picture of the employee and information required by the Chief Building Inspector. Such identification card shall also bear the au~hority of this Section. Such card shall be carried upon the person identified, and shall be used when necessary to identify such person properly while performing his official duties. 1 .6 General Powers and ]).tties of The Buildin Ins ection De artment: Chief Bu d ng nslec or. s Depar men , a n s ere y e e Bu d- ing Inspector, sha 1 administer and enforce this Building Code and all other ordinances .and codes which may hereafter be assigned to the Department for enforcement and administration. There are hereby vested in the Department the duties of enforcing and administering this Building Code and the power necessary for such enforcement. He shall with the approval of the City Manager appoint such inspectors, assistants and other employees as shall be authorized from time to time. He shell maintain records in the Building Department of applications for permits, permits issued, certificates of occupancy, inspections and investi- gations, app l ications for licenses, licenses issued, fees collected and other information that may be required. He shall make monthly reports to the City Manager concerning the activities of the department, reports concerning violations of the code and such other reports as mey be required. He shall keep fully informed regarding and diligently investigate new materials and modes of construction and promulgate rules setting forth the conditions under which the same may be used, such rules having the same force as provided elsewhere in this Code. General fi l e r ecords in the Building Department shall be open for public inspection, but may not be removed from the Building Department. Specific investigation records on individual cases and license applications are not open to the public except by direction of the City Manager or order from the court. (&) Authority To Inspect. The Chief Building Inspector shall have the authority to Inspect, cause to be inspected for compliance to this Building Code, all buildings, structures or utilitities. (b.) Investigations and Surveys. Incidental to any of these duties and powers, but without limitation of same, the Department shall conduct investi- gations and surveys to determine compliance or non-compliance with the provi- sions of this Building Code and shall investigate or cause to be investigated all accidents pertaining to buildings, structures or utilities for the pur- pose of ascertaining whether the requirements of this Building Code have been violated. (~) Right of Entry. Incidental to such inspections, investigations and surveys, an authorized representative of the Chief Building Inspector may enter into and upon and cause any land, building, structure or utility to be inspe~ted and examined. A failure or refusal to permit such entry and inspec- tion, after issuance by the Chief Building Inspector of an order therefore, shall constitute a violation of this Building Code. Additionally, the right to entry and inspection may be enforced by application to and proper orders from a court of proper jurisdiction. (d.) Stop Orders. Wherever any work is being performed contrary to the provisions of this Building Code, the Chief Building Inspector may order the work stopped by notice in writing served on any person engaged in such work and/or causing such work to be performed. The order shall be given to the owner or licensee or their agents. It shall be unlawful for any person to proceed with such work until the corrective work required to be performed by such notice is complied with, within the time specified. 1).7 Valuation. The determination of value or valuation under any of the provisions of this Building Code or any of the several codes or ordi- nances enforced and adl'l'linistered by this Department shall be made or caused to be made by the Chief Building Inspector and shall be the rep1'od.uction cost new without depreciation and without regard to any loss occasioned from fire or other causes. The valuation of the structure and each of the utilities, as defined elsewhere in the Municipal Code, shall be made independently. lJ.8 Unsafe Buildings or Structures. An unsafe building or structure is one which constitutes a fire hazard, a hazard to life, health, property or 557 558 Minutes of December 21, 1964 public welfare by reason of use, construction, quality of materials and in- adequate maintenance or dilapidation or abondonment. However, without limitation of the foregoing, any building or structure in ~hich any one or more of the following conditions exists shall be deemed conclusively to be an unsafe building or structure. (a.) Those in which a wall or other vertical structural mem.bers lists, leans or buckles to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of the base. (bJ Those which, show dBJnage or deterioration of the supporting member or members to such an extent that the member or members do not have suffi- cient strength, or show damage or deterioration of the non-supporting enclosing or outside walls or covering to such an extent that they will not resist the wind pressure or lateral forces, all in accordance with the requirements of section 23 of the Building Code. (c) Those in which the loads upon the floors or roofs exceed the maxi- mum design limits. (d) Those whose facilities for egress fail to conform to• the require- ments of sections JO and 33 of this Building Code. (e) Those which have parts thereof which are so attached that they may fell and cause injury to the public or property. (f) Incompleted buildings or structures when the permit has been can- celled. (g) Open pits, open wells end open excavations of all types when such are determined to be hazardous by the Chief Building Inspector. (h) Trenches or ditches not properly shored or cribbed. lJ.8-1 Unsafe Utility. An unsafe utility is one which constitutes a fire hazard or a hazard to life, health, property, or the public welfare by reason of use, construction, quality of materials and inadequa~e maintenance or dilapidation. However, without limitation of the foregoing, any utility in which any one or more of the following conditions exists shall be deemed conclusively to be an unsafe utility. (a) Gas fired, oil fired or solid fuel fired appliances, devices or apparatus which have any of the following defects: (1) Broken or cracked heat exchangers. (2) Defective or deteriorated vents, venting or flues which permits leakaa• of flue gases through the walls. (3) Defective fuel supply lines. (4) Insufficient air supply for combustion of fuel. (5) DefectiYe or improperly installed and adjusted controls and appur- tenances. (6) Equipment locations which will constitute a fire or explosion hazard. (7) Defective or improperly installed equipment. (8) Excessive exhaust in boiler, furnace rooms or areas where gas, liquid or solid fuel fired equipment is located. (9) Trenches or ditches not properly shored or cribbed. (b) Elevators, escalators, dumb waiters and similar conveyances or appar- atus which have any of the following defects: (1) Hoisting, counter ~weight or governor ropes with frayed or broken strands. (2) Operation in hoistway, including the pit and the penthouse, that is being used to store material other than elevator equipment. (3) Operation in a hoistway, including the pit and penthouse, that is in danger as a result of accumulations of dust or other highly combustible material on the mechanism or in the hoistway. .. I I I I I I I I Minutes of December 21, 1964 (4) Brake mechanism not functioning or not functioning properly. (5) Not safety tested in accordance with the requirements of this Building Code or where required safety devices have been dis- connected. (6) Where hoistway entrance protection does not meet the require- ments of this Building Code. (c) Electrical systems, appliances, devices or apparatus which have any of the following defects: ( 1 } (2) ( 3} { 4 } (5) ( 6 } ( 7) { 8) ( 9) Bare wiring. Poor connections. Overloaded circuits, feeders or services. Equipment not properly grounded. Di s connecting means not provided at the appliance. Over-fused circuits. Misuse of cord wiring. Wiring not properly supported. Non-approved wiring exposed to extreme heat, moisture, gases or other harmful vapors or liquids. (1 0) Trenches or ditches not properly shored or cribbed. (d) Boilers and their appurtenances which have any of the following defects: (1) Excessive scaling, corrosion; cracks in seam, tubes or shell. (2 ) Defective valves, gauges or cocks. (3) Defective burners, piping, shut-offs or controls. (4) Grooving or pitting. ( 5) Defective vents, venting or flues which perm.its leakage of flue g ases through the walls. (6) Inadequate air supply for combustion of fuel. (7) Defective or improperly installed and adjusted controls and ap- purtenances. (8 ) Hazardous location of equipment which will constitute a fire e r exp l osion hazard. (e)' Refrigeration equipment which has any of the following defects: {l) I nadequate ventilation. (2) I nadequate venting of pressure relief valves. ( 3 ) Unauthorized fuel fired equipment located in the same room. as the refrigeration equipment. {4) Improperly installed cooling towers by reason of location, type, fen, water condition, controls or roof or floor over-load. {5) F ~ulty controls. {f) Plumbing systems which have any of the following defects: (1) Where the water does not meet the standards for potability as required by the Colorado State Department of Public Health and the H~alth Department. {2) Th ose water systems subjected to the hazards of backflow or back syphonage, which might create pollution. 559 560 Minutes of December 21, 1964 (3) Where inadequate piping does not supply sufficient water. (see section 50 of thi s Building Code) (4) Where drainage systems are fouled and depositing solids. (5) Clogged sewers and drains. (6) Where no seal trap is provided or is inadequate. (7) Inadequate venting. (8) Leaking water, sewage or sewer gas within a building. (9) Trenches or ditches not properly shored or cribbed. 1 .8-2 or Utilities. After nspect on, y s e erm ne to e unsafe it shall be declared a nuisance to be abated by repair, replacement or removal, upon notice by the Chief Building Inspector to the person or persons having a record interest therein. (a) Unsafe Buildinf Or Structure. In the case of an unsafe building or structure, the Chief Bui ding Inspector may order such building or structure or any buildings or structures placed in jeopardy by the unsafe building or structure, vacated immediately and the buildings or structures shall be posted in accordance with other provisions of this Building Code. Such buildings or structures shall not be reoccupied until determined safe by the Chief Build- ing Inspector. (b) Unsafe Utility. In the case of an unsafe utility, the Chief Build- ing Inspector shall attach or affix a warning red tag to the unit declared to be unsafe. Where a utility is declared to be unsafe, the Chief Building In- spector shall order such utility disconnected or its use discontinued until the nuisance created thereby is abated. In addition, he may order any build- ing, structure or utility which is placed in jeopardy by the unsafe utility to be vacated or disconnected and these shall not be reoccupied or reconnected until deemed safe by the Chief Building Inspector. It shall be unlawful for any person, firm or corporation to mark any un- safe utility as herein defined, with any type markings or tags declaring such to be unsafe except as authorized by the Chief Building Inspector. (c) Emergency Demolition. In the event an emergency should occur wherein the continued existence of a building, structure or utility would constitute a hazard to life, health or other property, the Chief Building Inspector may cause such building, structure or utility to be demolished, removed or dis- connected, at onoe by any such means as are available to him. Recovery of the cost and expense of demolition and removal shall be made as provided for in this Building Code. (d) artergenct Sidewalk Barricades. If any building or structure is a hazard to life orlmb of persons using a public walk, the public way shall be barricaded to prevent public use. The necessary barricades shall be erected on order from the Chief Building Inspector, the Fire Department or the Police Department. (e) Posting of Si~s. When necessary to protect life, health and public welfare, the Chief Bull ng Inspector may post signs which shall prohibit entry into an unsafe building or structure; provided, however, that with per- mission of the Chief Building Inspector, it shall be lawful to enter the building for the purposes of effecting any required repairs, rehabilitation, or demolition. It shall be unlawful to remove any such sign without permission from the Chief Building Inspector. It shall be unlawful to enter, occupy or inha-it such unsafe building or structure contrary to the terms of this Building Code. (f) Service and Notice. Service of any notice may be by personal ser- vice, as defined by the Colorado Rules of Civil Procedure, or may be made by registered or certified mail, return receipt requested, and service shall be deemed complete upon delivery. In the event the address of a person to be notified is unknown or the receipt of a notice which has been mailed is re- turned unsigned, such notice may be served by posting the same on a conspicu- ous place on the premises upon which the unsafe building is located, in which event service shall be deemed complete as o£ the moment of posting. (g) Demolition By City. If the owner of any unsafe building, structure or utility f a ils to carry out the repairs, rehabilitation, or removal required t o be carried out on notice within the time specified in such notice, the Chief Building Inspector shall, upon receiving competitive and responsible I I I I I I I I Minutes of December 21, 1964 bids, cause the demolition and/or removal of such building, or structure or utility. Recovery of the cost and expense of demolition and removal shall be made as provided for in this Building Code. (h) City's Lien For Costs. In the event the owner or owners fail to pay the costs and expenses of demolition or removal, the Chief Building In- spector shall serve notice upon the person or persons having a record of inter- est therein, and in the manner provided for in this Section, as to the amount of such costs and expenses, and he will at a time and place specified in the notice, hold a hearing when and where such persons shall be required to show cause why said amount should not be paid or a lien placed against the property. In the event said persons fail to show cause as provided, said amount shall constitute a lien against the real property upon which the building or structure was or is situate. The Chief Building Inspector shall thereafter pay the cost and expense of demolition and removal from any appropriation made available for that purpose and shall certify a statement thereof tJo · .. the City Clerk who shall assess and charge the same against the property involved and collect the same due, together with the interest at the rate of interest established by law for delinquent real property taxes. 13.8-3 Application To Existing Buildings, Structures or Utilities. (a) General. Existing buildings, structures or utilities to which additions, alterations or repairs are made or required to be made pursuant to Sections 13.8, 1).8-1 and 13.8-2 of this Building Code, shall be made to comply with all the requirements for new buildings, structures or utilities unless otherwise specifically provided in this Building Code. (b) Additions 7 Per Cent. Any existing bu d ng or structure w c s or any reason, added to, a tered or repaired within any 12 month period, in excess of 75 per cent of the value thereof, shall be mede to conform with all of the requirements of this Build- ing Code. Repair work performed to maintain the structural integrit7 _0~ ·the foundations shall not be included in the allowable 75 per cent valuation. The determination of the Chief Building Inspector shall be conclusive as to the per cent of improvement. (c) Additions Alterations and Re airs· Not Per Cent. Such addit ons, a terat ons or repa rs no excee ng per cent o e value of an existing building or structure shall be made to comply with the require- ments of this Building Code in the following manner: Existing Type I building or structure shall comply with all requirements for a new Type I building or structure. Existing Type II building or structure shall comply with all requirements for a new Type II building or structure. Existing Type III building or structure shall comply with all require- ments for a new Type III building or structure. Exist"ng Type IV building or structure shall comply with all require- ments for a new Type IV building or structure. Existing Type V building or structure shall comply with all requirements for a new Type V building or structure. The determination of Classification (Type) of buildings or structures shall be made by the Chief Building Inspector based upon the classification indicated in this Building Code. (d) Utilities. All utilities used within or on all buildings or struc- tures now eXlsting shall be made to conform to the requirements of this Build- ing Code when such alterations or additions exceed 75 per cent of the valua- tion of the existing utilities, except that this provision shall not apply to Group I Occupancies. (e) Use and Occupancy. The use or occupancy of any existing building or structure shall comply with the provisions of sections .3 and 5 of this Building Code. (f) Maintenance. All buildings, structures, or utilities existing and new, and all parts thereof, shall be maintained in a safe condition. All devices, utilities or safeguards which are required by the Building Code or which were required to have been erected or installed pursuant to any previous Building Code or ordinance relating to use, construotien. or quality of mater- ials shall be maintained in good working order. The owner shall be regponsi- ble for the maintenance of buildings, structures and utilities. 561 Minutes of December 21, 1964 13.9 Alternate Methods, Materials and Equipment. (a) General. The provisions of this Building Code shall not prevent the use or alternate methods, materials or equipment which meet the reasonable safe standards of strength, safety, sanitation, and fire resistance required to be met in any building, structure, or utility to which this Building Code applies, provided that any such alternate has been approved in accordance with the requirements of this Building Code. The Chief Building Inspector may consult with any advisory group administratively created by the City Council in order to obtain a rep~esentative opinion of the suitability of new materials, new methods or new equipment so long as the requirements of the Building Code are substantially met. (b) Chief Building Ins~ector Authorized To Approve. The Chief Building Inspector shall give approva In writing tor any such alternate .. thods, materials or equipment provided the proposed design is satisfactory and com- plies substantially with the provisions of the applicable technical portion of this Building Code and that the alternate is, for the purpose intended, at least the equivalent of that prescribed in this Building Code. (c) Chief Building Ins~ector Authorized to Disap~rove. In the event an alternate material, metho or equipment ls submltte tor approval and the Chief Building Inspector finds that it does not substantially comply with the provisions of this Building Code, he shall deny approval and advise the appli- cant in writing. The applicant may appeal the Chief Building Inspector's decision by the procedures outlined in this Building Code. (d) Application and Fee. An application for approval of alternate method, material or equipment shall be filed with the Chief Building Inspector upon a form to be furnished by the Chief Building Inspector and including all the information required. Such application shall be accompanied by a fee of twenty-five dollars ($25.00) payable to the City of Englewood and shall be paid in the office of the Department. (e) Tests. When a construction material or assembly, fixture, device, utility or other article different from that provided for in this Building Code is proposed for use, plans, specifications, details, test data, samples and literature shall be furnished to the Chief Building Inspector for exam- ination. In order that claims for such alternate material, method or equipment may be substantiated, the Chief Building Inspector may require tests to be made at the expense of the applicant by an approved agency. Test methods shall be as set forth by the Standards which are part of this Building Code for the method, material or equipment in question. If there are no appropriate test methods or standards set forth by this Building Code, the Chief Building In- spector with the assistance of an advisory group shall determine acceptable test procedures. 13.10 Prohibitions and Violations. (a) Prohibiti~ns. It shall be unlawful for any person, firm or cor- poration to do or cause to be done, or perform or cause to be performed any act contrary to or in violation of any of the provisions of this Building Code, any pther code, ordinance, rule or regulation promulgated thereunder which is enforced and administered by the Department. (1) Alternate Methods, Materials and Equipment. It shall be unlaw- ful for any person, firm or corporation to use any method, mater- ial or equipment as an alternate to the methods, materials or equipment permitted by this Building Code without first having obtained epproval in the manner provided. (2) Licensing. It shall be unlawful to excavate, erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert or demolish any building, structure or utility in the City with- out first obtaining a license, a permit, or a certificate in accordance with the provisions of this Building Code. (3) Licensee and Certificate Holder Responsibility. unlawful for any licensee or certificate holder violation of the responsibilities as enumerated this Building Code. It shall be to comm.it any elsewhere in (4) Drawings and Specifications. It shall be unlawful to make appli- cation for a permit without first having submitted drawings and specifications as req~ired by provisions of this Building Code. I I I I I I I I Minutes of December 21, 1964 (5) Permits. It shall be unlawful to excavate, erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert or demolish any building or structure or utility without first having obtained a permit as required by provisions of this Building Code. (6) Certificate of Occupancy. It shall be unlawful for any person, firm, or corporation to occupy any building or structure without first having obtained a Certificate of Occupancy as required by the provisions of this Building Code. The Chief Building In- spector may issue a conditional Certificate of Occupancy. (?) Unsafe Buildings. It shall be unlawful for any person, firm, or corporation to maintain or permit to be maintained, any building, structure or utility when such building, structure or utility is unsafe in accordance with the provisions of this Building Code. These requirements shall apply to buildings, structures or utilities, now existing, under construction or being demolished. (8) Wrecking. It shall be unlawful to sell or to advertise for sale used building material at the site of wrecking operations. (9) Burning of waste material. It shall be unlawful for any con- tractor to burn paper, refuse, waste, or other materials at the site of any wrecking or building operation, without first having obtained the required permit from the Fire Department. (10) Excavation and Fill Materials. It shall be unlawful for any person, firm, or corporation to allow excavations to be left open or fill materials to be piled on site for a period in excess of 60 days. The Chief Building Inspector may extend this period if necessary due to unusual conditions. (b) Violations. (1) Established. Wherever, by the provisions of this Building Code, the performance of any act is prohibited or wherever any regula- tion, dimension or limitation is imposed on the erection, alter- ation, maintenance or occupancy of any building, structure or utility, ~ failure to comply with the provisions of this Building Code shell constitute a violation. Every day on which a viola- tion exists shall constitute a separate violation and a separate offense. (2) Penalties. For fines and penalties not provided in this Build- ing Code refer to Chapter 27, Municipal Code, City of Englewood. The suspension or revocation of any license, certificate, permit or other privileges conferred by the City shall not be regarded as a penalty for the purposes of this Building Code. (3) Remedies. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved, or maintained; or any building, structure, excavation, or utility is used in violation of this Building Code, the City or any proper person may institute any appropl'iat•\' action or proceedings to prevent such unlawful erection, construct- ion, reconstruction, alteration, repair, conversion, maintenance , or occupancy; to restrain, correct or abate such 'H.olation or to prevent the occupancy of said building, structure or land. The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any appropriate action or pro~ ceeding to require compliance with the provisions of this Building Code and with administrative orders and determination made here- under. 13.11 Permit Re~uired. No job shall be started until the required per- mit has been obtalne • Application for permits shall be made in writing on blanks provided for that purpose and shall describe the operation, readily identifying and definitely locating the site, showing use and occupancy of all parts of the building, such other reasonable information as may be re- quired, be accompanied by two copies of plans drawn to not less than 1/8" scale, specifications and lot plan showing location and use of every exist- ing building, except that permits for buildings of semi-public nature, or for any building exceeding two stories in height or with a clear span exceed- ing 24 ft. shall require complete services of an architect licensed in the State of Colorado, or licensed, registered engineer licensed in the State of Colorado. 563 564 Minutes of December 21, 1964 lJ.11-1 Survey. A survey establishing the location of boundaries and the drainage of the property upon which the operation is to be executed shall be furnished. lf.11-2 Permits. A permit shall be issued when application, plans and specif cations, together with such engineering data and surveys as may be required have been checked and found to conform. Minor operations m.ay be approved without requiring complete plans. Upon payment of the required fee a permit shall be issued, and both sets of plans and specifications shall be endorsed in writing or stamped "Approved," one set retained by the Building Department as a public record and one set returned to the applicant to be kept at the site until the Certificate of Occupancy has been issued. Plans for public buildings shall remain on file in the Building Department. Plans for residences and minor buildings shall remain on file in the Building De- partment for one year after completion of the job then they may be destroyed. No permit shell be issued to any contractor not licensed in accordance with Sect i on 1).12. lJ.11-J Permit Fees. .eaidential -New Buildings • • • • • • • • • • Remodeling • • • • • • • • • • • • • • $.03 per sq. ·rt. broken on 50 sq. ft. multiples. $4.00 per $1,000 valuation. Comm ercial • • • • • • • • • • $J.OO per $1,000 valuation or portion thereof to first 25 thousand. ;·50 per thousand next ~5,000 .oo per thousand next 50,000 .50 per thousand next 100,000 .oo per thousand next 00,000 Moving or Wrecking • • • • • • • • •• $4.00 ~or each 1,000 sq. ft. of floor area Before Moving Inspection • . . . . • • • $4.00 plus 10¢ per mile, round trip mileage. All other operations controlled by this code •• $4.00 for each $1,000 of valuation. Additional Fees at Time of Construction: Basement, less than 850 sq. ft ••••••••• $J.OO Basement, over 8 50 sq. ft ••••••••••• $4.00 Finished Basement ••••••• Added to.floor .area. Breezeway. • • • • • • • • • • • • • • • • • • u • 00 Carport. • • • • • • • • • • • • . • • • • • • 3.00 Garage, issued with Building Permit... • • • • .OO Miscellaneous Permits: Fences, retaining walls, heating and air conditioning plants, roofing, antenna towers and residential remodeling. H .oo per 11,000 Signs. • • . • • • • • • • • • • J.00 per 500 2.00 per 200 .OO per 100 • • • • • • • $5. 00 for each $1, 000 or fraction in value. Rehanging Only •. • • • • • . • • . • • • $3. 00 Plumbing . . . Hot water •••••••••••••••• IJ.00 first fixture. For each additional fixture .50 heaters or garbage disposals. • 1.50 each unless with other fixtures. Electrica l Permits -refer to Section 13.23-13 of the Municipal Code. Items of work for which a permit is required under this Building Code which are commenced before a permit is secured, may be assessed fees for permits in twice the 8JTlounts prescribed in the schedule herein. A plan checking fee shall accompany plans and specifications at the time they are submitted to the Chief Building Inspector when he requires plan checking service because of unusual design, height, area or mixed occupancies. Seid plan checking fee shall be equal to one-half the building permit fee. This fee is not refundable. I I I I I I I I Minutes of December 21, 1964 The City of Englewood, School Districts, Arapahoe County, The State of Colorado, end the United States of America shall be exempt from the paying or any fee for any permit. Minor operations not affecting structure and not costing more than $50.00 for materials and labor, when approved, may be executed without a pe~mit. lJ.11-4 Inspections. Inspections shall be made upon 24 hours notifica- tion not including weekends or holidays. The following inspections may be re- quired. Footings -after trenches are excavated and before any footings .are built. Foundations -after all foundations are built and forms, if any, are removed. Framing, Mechanical, Masonry -after the roof, all framing, fire blocking, and bracing is in place and all pipes, electric wiring, chimneys, and vents are completed. Lathing -after all lathing and backing is in place and before any plaster or stucco is applied. Special inspections on plumbing, electrical, heating, air conditioning and miscellaneous remodelling as may be required by the Chief Building Inspector. Final Inspection -after building is completed and ready for occupancy. No work shall be done on any part of building and/or structure be7Qnd the point indicated in each successive inspection without written approval. Special on-the-job inspections may be required by the Chiet ~Building In- spector on jobs that are progressing at a rapid rate and on masonry and con- crete work being carried on during winter weather. These inspections may be mAde by an engineer or architect or a person qualified in the particular field when approved by the Chief Building Inspector. Reports of inspections shall be submitted to the Chief Building Inspector. Certificate of Occu anc • A Certificate of Occupancy shall be issue , upon comp e on o a o o lowing final inspection if it is found that all licenses and permits are in order, the building complies with the Municipal Code and the use of the structure is a permitted use. A temporary certificate mey be issued for temporary use of portions of a building prior to completion, providing the portion complies with above requirements. A request from the contractor will be required on forms provided by the Build- ing Department showing what part of the building is to be released for use under this temporary Certificate of Occupany. A fee of $4.00 will be charged for each temporary certificate. 1).11-6 Chan~e Of Occupancy. A change of oocupancy shall require the issuance or e new ertiricate or Occupancy. 13.11-7 Wreckinf • The wrecking of a building shall be effected by lowering materiel tohe ground upon displacement. Wetting to prevent dust will be required. An approved coverage of all throughfares, properly marked and illuminated shell be provided while the demolishing is in progress. Im- mediately upon completion of wrecking, the property and adjacent streets and alleys shall be cleared. The remaining excavation shall be filled level with adjoining grade. Approved incombustible material may be used to fill such excavations, provided the top 1 ft. of fill is of clean earth. The filling of such excavations shall not be required if a permit has been issued for a new building on same site and construction started within 60 days of comple- tion of wrecking, provided that such excavation be protected on all sides with an epproved fence not less than 42 inches high. lJ.11-8 Movin~. No building shall be moved into the City or relocated within the City wit out first obtaining a permit. An application shall be completed containing the following information: (e) Present location and address of building. (b) Floor plan of building -containing the dimensions. (c) Description of the building showing size, spacing and span of floor joists; size and spacing of studs; ceiling heights of rooms; size and spacing of ~oof rafters; type of roof and roof covering; type of heating plant, wiring and plumbing. (d) ( e) A plot indicating legal description end size of the site; proposed location of building(s) and any existing building(s) on site. A statement showing proposed additions, repairs and remodelling. A completion bond in the minimum amount of $3,000 or more, amount of bond to be determined by the Chief Building Inspector, shall be .565 566 Minutes of December 21, 1964 required before a permit will be issued to move or relocate a building. The moving of the building must be done by a properly licensed housemover. After the building is moved before the building is reoccupted, the plumbing, electrical and mechanical must be inspected by properly licensed contractors, for compliance with their particular code. This must be done prior to final in- spection by the City and issuance of a Certificate of Occupancy. 13.12 -Licensing of Contractors. A contractor is a person who undertakes with or for another to perform any of the operations controlled by this code, for any compensation other than wages. A person who works by the hour either by himself or with one or more helpers when he uses other than hand tools is a contractor. Any person who performs any of these operations on his own or other property for the purposes of speculation, EXCEPT Group "I" buildings and buildings accessory thereto, intended for his own personal and permanent occupancy is e contractor. Permanent occupancy as herein described is for a period of one y ear or more. The provisions of this section shall not apply to plumbers, electricians, or other specialized tr a des for which special licenses are required; or to en owner making ordinary repairs to his home or accessory buildings, providing he does the repair work himself. The required permit must be taken out be- fore works starts. Prescribed annual fees shall be payable on or before the first day of January. A license may be prorated to one-half the prescribed fee providing it is not taken out before July 1. A license may not be prorated if the con- tractor was licensed in the immediate preceding year. S tarting work on any project before the required license has been secured will result in a 10% license fee penalty. CLASS I. General Contractors' License Unlimited: The license shall entitle the holder thereof to contract for f&e building, construction, altera- tion or repairing of any type or size of structure permitted by this ordi- nance. The annual fee shall be $120. CLASS II. General Contractors' License Limited: The license shall entitle the holder thereof to contract for t~e building, construction, alter- ation or repairing of buildings in which the total value of all labor and materials entering the work, does not exceed $40,000.1 ' The annual license fee shall be $40. 00. CLASS III. Jobber Contractors' License: The license shall entitle the holder thereof to contract for the building or construction of minor struc- tures such a s fences, sheds~ private garages, patios, carports, swimming pools, or for the alteration or repair of other holdings or structures, pro- vided such work does not involve, in the opinion of the Chief Building In- spector, the structure of the building and provided the total value of the labor and materials for each job shall not exceed $3, 000. The annual licen·se fee shall be $20.00. CLASS IV. Sub-Contractors' License: The license shall be issued by. the Chief Building Inspector to those engaged in contracting for labor or for labor and material, involving only one trade or group of related trades, such as the following: masonry, plaster, cement, elevator, roofing, water-proofing, excavation, heating, ventilating, air-conditioning, residing contractors and similar sub-contractors. The annual license fee shall be $20.00. A cement contractor working on City property must comply with Section 15.2-1 of the Municipal Code by obtaining an annual performance bond in the amount of $2,000. CLASS V. Special Contractors' License: The license shall be issued by the Chief Building Inspector to those specializing in one particular class of work, such as house moving, shoring or wrecking. The annual fee shall be $20. oo. The license of wrecking shall entitle the holder thereof to deal in second-hand building materials. No wrecking shall be done except by a li- censed wrecking contractor, except that a Class I or Class II General Con- tractor may wreck minor buildings or portions of buildings where such wreck- ing is a portion of a program of alteration or remodeling. A general contrac- tor may use excess salvaged materials in other work constructed by him, or may dispose of same to a licensed wrecking contractor. Salvaged materials are not to be sold or offered for sale to the public on wrecking site. I I I I I I I I Minutes of December 21, 1964 CLASS VI. Drainlayers' License: The license shall entitle the holder thereof to lay sewer lines and to tap to the sewer main, but in no case per- form any plumbing. The fee for such license shall be $20.00. Each applica- tion for a license shall be accompanied by a surety bond in the amount of $1,000 given to indemnify the City against any damage or liability it may incur as a result of any act or omission of the licensee, his agent, repre- sentative or employee. CLASS VII. Special Maintenance Ll.oense: The license shall be issued to those people specializing in factory or building maintenance work. The fee for such license shall be $5.00. CLASS VIII. Plumbers' License: No person shall engage in the plumbing business in the City without first obtaining a license therefor from the Chief Building Inspector; and no person so licensed shall allow his name to be used by any other person for the purpose of obtaining a plumbing permit. Every person applying for a plumber's license shall give satisfactory proof to the Chief Building Inspector that he is licensed as a master plumber by the State of Colorado. The annual license fee shall be $50.00. Each applica- tion for a license shall be accompanied by a surety bond in the amount of $1,000 given to indemnify the city against any damage or liability it may incur as a result of any act or omission of the licensee, his agent, repre- sentative or employee. CLASS IX. Electrical Contractors: No person shall engage in the elec- trical business without first obtaining a license as per provisions of PaPagraph 13.23-7, Paragraph 13.23-8 of the Municipal Code. The annual fee for Class A Electrical License shall be $50.00. Application for a contractors license accompanied by the proper license fee shall be made to the Chief Building Inspector on a contractors license application form, which form shall contain the information hereinafter set forth. Such forms must be completed in full. These forms are confidential and for use in determining financial end mechanical qualifications for licen- sing purposes only. (a) The name of the person, firm, or corporation desiring such license. (b) The residence of such applicant, or of each of the individual members of such firm, or of each of the directing officers of such corporation and its principal place of business. (c) The type of license desired. (d) The street address from where such applicant proposes to engage in business, and the telephone number thereof and emergency telephone if available. (e) The year for which such license is sought. (f) A statement of the applicant's qualifying experience record, includ- ing an enumeration of several contracts and jobs perform.ad by the applicant. (g) A financial statement, and a statement of the applicant's experience in regard to bonding, including an indication of whether the appli- cant has ever been refused a bond and an indication of the largest bond ever furnished by the applicant. Also indication of coverage under Worlanan's compensation. (h) A complete enumeration of all unpaid liens and judgments outstanding against the applicant. (i) One or more bank references plus three suitable references from persons acquainted with the applicant's qualifications. (j) A summary of the qualifying experience records of all supervisory staff required by this Code for the particular license sought. (k) Licenses held in other city or cities end years held. (1) Any other relevant information required by the Chief Building Inspector. The license may be issued providing the Chief Building Inspector deter- mines from the information and references that the applicant is qualified for the type of license sought. Payment of the proper fee must accompany license application. 567 568 Minutes of December 21, 1964 Hearing concerning refusal of a license, suspension of a license, revo- cation of a license, or other matters pertaining thereto shall be by Board of Adjustment and Appeals. In the event the applicmt is denied a license he may request of his license application by the Board of Adjustment and Appeals. $15.00 shall accompany this request, which a.mount will be returned event the Board orders the issuance of the license. a review A fee of in the Each contractor shall be responsible for all work included in his contract, whether or not execution is by him or a sub-contractor, and for all funds or property received by him for prosecution of a specific contract for a specific purpose. The Chief Building Inspector may and shall upon the verified com- plaint in writing of any person, require any contractor to appear before the Board of Adjustm.ent and Appeals et their next regular meeting for a hearing upon 5 days' notice in writing, mailed to his last known post office address, and the Board shall have the power to temporarily suspend or revoke any license if holder is found guilty of any of the following: (a) Abandonment of any contract without legal cause. Ob) Diversion of funds or property received for performance of a spe- cific contract and their application for any other purpose, or the failure to use such for the performance of seid contract. (c) Fraudulent departure or disregard of plans and/or specifications. (d) Willful and/or deliberate disregard and violation of this code. (e) Failure to keep records of receipts and disbursements of his trans- actions es a contractor and to produce same for examination by Bo ~rd when requested. (f) Misrepresentation of a material fact to obtain a license. (g) The doing of any willful, fraudulent act as a contractor by which another is substantially injured. (h) Fraudulent use of license to obtain permits for another. (i) Carelessness or negligence in providing reasonable safety measures for protection of workmen and public. (j) Failure to obtain a permit for any work before starting a job. If the contractor requests a special meeting, he shall pay the required $15.00 before such meeting is scheduled. When a license is revoked, no new permits shall be issued this person or firm until the licensee shall fully correct the faulty construction with the provisions of this code and until the license is reinstated by the Board. The Board shall have power to withhold reinstatement of the license for a period not to exceed 6 months. If the suspension is over 3 months, the licensee shall be required to obtain a new license, which fee cannot be prorated. 1 .12-1 Com letion of Existin Buildin s. The completion of existing build ngs sha e perm tted aw ul perm ts have been issued and the con- struction actually begun within 60 days after this code becomes effective. 1 .12-2 cials shal this code. Coo era ti on of Cit Officials. The cooperat~.on of city offi- nc ude any ass stance es may e required for the enforcement of lf.12-3 Violations. The issuance of a permit or approval of plans and specif cations shall not permit violation of this code, and any permit which presumes to give authority to violate or cancel any provisions of this code is unlawful. The issuance of a permit shall not prevent correction of errors or permit operations being carried on when in violation of this code or any other ordinance of the City of Englewood. Permits shall expire and become null and void if work is not started with 60 days from date of issuance, or if work authorized is stopped or abandoned for a period of 60 days af'ter starting, and the resumption of such interrupted work shall require the obtaining of a new permit for the unfin- ished portion. A variance granted by the Board of Adjustment and Appeals shall become null end void if the permit was not obtained and the work started within 6 months from the date of the variance. I I I I I I I I Minutes of December 21, 1964 No oversight, neglect, or dereliction on the part of the building in- spector or any authorized assistant shall authorize violation of this code. Eech dey constitutes a separate offense. Passed on First Reading by the City Council of the City of Engle- wood, Colorado, this 21st day of December , A.D. 1964, and ordered published in full in the Englewood HerAld and Enterprise. Mayor ATTEST: COUNCILMAN ALLEN MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE BILL BE APPROVED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HEARLD AND ENTERPRISE. 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-tern declared the motion carried. A report on the status of the Brookridge annexation suit was given. COUNCI LMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO APPEAL THE DECISION OF THE DISTRICT COURT TO THE COLORADO STATE SUPREME COURT. Upon the call o the roll, the vote resulted as follows: Ayes: CouncilITlen Allen, Hanson, Kreiling, Rice, Braun. Nays: Councilmen Fullerton. Absent: May or Love. The Mayor Pro-tern declared the motion carried. A repor t on the status of the Mountain States Telephone suit was given. COUNCIU1AN RICE MOVED, COUNCILMAN KREILING, SECONDED, THAT THE CITY ATTORNEY BE INSTRUCTED TO AMEND THE COMPLAINT AND TO REFILE THE SUIT AGAINST THE MOUNTAIN STATES TELEPHONE COMPANY IN P.EGARD TO THE FRANCHISE. Upon the oall of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Rice, Braun. Nays: Councilmen Allen, Fullerton, Hanson. Absent: May or Love. The Mayor Pro-tem declared the motion lost. This matter to be brought back up at the January 4, 1965 meeting. The City Mana ger reported on the encroachment of a retaining wall and steps located at 700 West Stanford Avenue and its effect upon traffic in the area. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THIS ENCROACH- MENT BE ALLOWED UNDER THE STANDARD COMMITTMENT. It was ruled to recind the motion. COUNCILMA N FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MAYOR ENTER INTO AN AGREE11ENT TO ALLOW THE ENCROACHMENT AT 700 WEST STANFORD, HOWEVER, THE WALL SHALL BE CUT DOW N FOR THAT PORTION EXTENDING ON TO THE CITY RIGHT-OF-WAY TO THE LEVEL OF THE SLOPE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, ~eiling, Braun. Na ys: Counciln:an Rice. Absent: Mayor Love. 569 570 Minutes of December 21, 1964 The May or Pro-tem declared the motion carried. COUNCILl4AN ALLEN MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT WITH JOHN ANDERSON, ARCHITECT, FOR THE REMODELING OF THE NEW CITY HALL IN CONCURRENCE OF THE CITY ATTORNEY AND AMENDMENTS MADE. Upon the call of the roll, the vote resulted as follows: Ayes : Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Nay s: None. Absent: May or Love. The May or Pro-tem declared the motion carried. COUNCILMAN ALLEN MOVED, COUNCILMAN RICE SECONDED, THAT THE MATTER OF THE SALE OF THE PRESENT CITY HALL BE TABLED UNTIL THE REGULAR MEETING TO BE HELD ON JANUARY 4, 1965 . Upon the call of the roll, the vote resulted as follows: Ay es: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Nays : None. Absent : May or Love. The May or Pro-tem declared the motion carried. The City Clerk read the following resolution in full: RESOLUTION WHEREAS, it has been deemed necessary and expedient during the fiscal year of 1964 to expend from 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 1964; and WHEREAS, it is in the best interests of the City that certain of these appropriation balances be tr a nsferred; NOW , THEREFORE , BE IT RESOLVED that the following 1964 budget accounts in the General Fund be revised a.nd increased or decreased by the amounts set forth: TRANSFER OF APPROPRIATIONS TO City Attorney -Program No. 160 •••••••••••••••••••••••••• $ 2,300.00 City Manager -Program No. 310........................... 975.00 Fire Department -Program. No. 620. • • • • • • • • • • • • • • • • • • • • • • • 4, 500. 00 Parks & Recreation -Program No. 920 ••••••••••••••••••••• 2,900.00 TOTAL ••••••••••••••••••••••••••••••••••••••••••• $16,675.oo TRANSFER OF APPROPRIATIONS FROM Engineering -Program No. 510 •••••••••••••••••••••••••••• $ 9,700.00 General Governmental -Program No. 1310.................. 97~.00 TOTAL .••••••••••••••••••••••••••••••••••••••••••$10,67 .00 BE IT FURTHER RESOLVE D that the City Clerk-Treasurer be and he is hereby authorized and directed to revise the City's financial records accordingly before closing such records for the fiscal yeer 1964. AIX>PTED AND APPRO VED THIS 21st day of December, 1964. ATTEST : I I I I I I I I Minutes of December 21, 1964 COUNCILMAN RICE MOVED, COUNCILMAN ALLEN SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. 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. City Manager Dial reported that Turnpike Construction Company had damaged some of the streets in the recent sewer construction. The City Engineer has reviewed the matter. It was recornITiended that $1,497.69 be withheld from final payment to Turn- pike Construction for these repairs. There were no objections from the Councilmen. Mayor Pro-tern Braun expressed Christmas and Yew Year's wishes to all. Councilman Fullerton gave a brief report on the air pollution movement. ADJOURN COUNCILMAN HANSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the cell of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Ne.ys: None. Absent: Mayor Love. The Mayor Pro-tern declared the meeting adjourned at 11:15 P.M. /s/Ray Chase, City Clerk Clerk of the Council The minutes of the meeting of the City Council of the Ci~, of Englewood, Coloredo, held on the 21st day of December , 19.....2!l_A.D., stand approved es written this 4th day of January , 19§2:A.D. ! ' I , 571