HomeMy WebLinkAbout1961-10-16 (Regular) Meeting MinutesI
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RBGULAll MBBTil!lGa
OOUllCIL alAMBBRS
Cift OP mGL&WOOD, COLORADO
OCTOBBR 16, 1961
'l'h• City Council of the City of Englewood, Arapahoe County, Colorado,
.. t in reqular ••••ion on Monday, October 16, 1961 in the Council Chamber•,
City Ball, Bnglwood, at the hour of 8100 P.M.
Mayor Kreiling preaiding called the meeting to order and the invoca-
tion waa given by the Reverend Bert Bdwards of the Church of the &azarene.
'!'he Mayor aaked for roll call. Upon the call of the roll, the follow-
ing persona were preaent:
Councilmen: Braun, Brownewell, Martin, Miles, Woods, Kreiling.
Also Preaent: City Manager Rudd,
Deputy City Attorney Myrick,
City Clerk Beauaang.
Abaent: councilman McLellan.
'l'h• Mayor declared a quorum preaent.
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612-43 PUBLIC HBARDfG O• PROPOSBD RBZO•Il!lG OP WBST HALF BLOCK 3000 SOUTB
Lil!lOOLlf STRBBT
OOUBCIIMAll MARTI• MOVSD, OOUJrCIIllAl!l BRAUIJ SBOORDBD, TBA'l' 'l'BB PUBLIC
Bu.aiaQ o• TB& PROPOS&D R&ZOllim OP ORB HALF BLOCK o• 'l'BB WBS'l' &IDB OP
3000 80UTB LI•OOLll S'l'llBBT P_. R-2-B RBSIDD'l'IAL DIS'l'RIC'l' '1'0 'l' 'l'llUISI'l'IOllAL
DISTRICT B& OP .. &D. Upon the call of the roll, the vote reaulted aa followaa
Ayeaa Council.men Braun, Brownewell, Martin, Miles, Wooda, Kreilin9.
•ayaa llone.
Abaent: Councilman llcLellan.
'l'h• Mayor declared the motion carried.
'l'h• City Manager pointed out the area concerned on the map.
'l'h• Mayor asked for an indication of tho•• preaent on thi• matter.
'!'here w.re 2 preaent favoring the rezoning and no .one preaent to pppose.
Mr. Richard Simon, repreaenting Dr. Davia, preaented information aa
to the reque•t for re&onin9. Be atated that previoualy q>~cial zonin9
had been aoU4Jht and denied for two reason•, fi••t the who'-flalf block waa
not conaidered for rezoning at that time and aecondly the tranaitional
zone had not been eatabliahed and there waa aome oppoaition to the com-
aercial zoning in that area.
Dr. Davi• apok• briefly of hi• plan• for enlarging hi• medical office
into a clinic and poaaible further expanaion at a later date. Be atated
that in contacting the neighbor• no objection to hi• plan• had been ex-
pr•••ed.
Councilman Brown.well inquired about the proviaion for off-atreet
parking. Dr. Davi• atated that he had made proviaion and pr•••nted a
rather detailed plan. '!'here being no further diacuaaion for tho•• favor-
ing and no one pr•••nt in oppoaition the Mayor aaked for a motion to cloae
the hearing.
OOUllCILllAll JIAR'l'I• MOVBD, OOUIJCIIllAll MILBS SBOOl1DBD, 'ftl8T TBB PUBLIC
118A.RillG BB CLO&m>. Upon the call of the roll, the vote reaulted as
followaa
Ayea1 council.men Braun, Brown.well, Martin, Mil••· Wood•, Kreiling.
•aya1 llone.
Abaenta Council.man McLellan.
'l'he Mayor declared th• motion carried.
Introduced a• a Bill by COuncilaan Martin.
A BILL
POR All OaDIDllCB RBZO•IllG TBB POLLOWDIO DBSCRIBBD PROPBRft PRCll R-1-B
(mIDmTIAL) TO 'l' ('l'ltAllSITIOllAL) DIS'l'RIC'l' CLASSIPICA'l'IO• '1'0-WI'l'a
Lot• 25 to 45 incluaive, Block 8, Strayer'• Broadway Height•
or th• weat aid• of 3000 south Lincoln Street, all in the City
of BnlJlewood, Arapahoe county, Colorado.
575
576
llinutea of October 16, 1961
tlllBRllJ.8, application ha• been made for th• rezoning of certain property
hereinafter deacribed frOll R-2-a (R••idence) to T (Tranaitional) diatrict
claaaif ication aa hereinafter ••t forth, and the City Planning and zon mg
ca i••ion ha• recc ended approval of auch change in zoning, and
•DMS, public notice ha• been given of auch propoaed rezoning bY
one publication in th• Bn9l.wood Herald and Bnterpriae, a n9W8paper of
general circulation within th• City and the official newapaper of the City
at leaat fifteen (15) day• before the public hearing on auch zezoning,
and notice of auch propoaed rezoning ha• been poated on the property for
fifteen (15) conaecutive day• prior to auch hearmig, a• required by
ordinance' and
tlllBRBAS, public hearing waa held purauant to the aforeaaid notice
by th• City Council of the City of Bnglewood in the Council Chamber• of
the City Ball, 3345 South Bannock Street, Bngl.wood, Colorado on the 16th
day of October, A.D. 1961, at th• hour of 8100 P.M., at whichhhearing no
per80n• appeared to prote•t or oppo•• the propoaed change in zoning, and
WHCRBAS, the public nec•••ity, convenience, general welfare and good
aoning practice• juatify the change in zoning of the hereinafter d .. cribed
property from R-2-8 (Reaidence) to T (Tranaitional) district claaaification
aa hereinafter ••t forth1
.. TBmPOU, •• IT omanrm> BY TBB CITY OOUHCIL OP TBB CITY 01'
B9QI,D'O')D, OOLOMD01
1tction 1. Th• zoning of the hereinafter deacribed property located
within the City of Bn9lewood, Colorado i• hereby changed from R-2-B
(Reaidence) to T (Tranaitional) diatrict claaaification aa hereinafter
••t forth, to-wits
Lota 25 to 45 incluaive, Block 8, Strayer'• Broadway Heights,
or the w.at aid• of 3000 South Lincoln Str-t, all in the City
of Snglewood, Arapahoe County, Colorado.
1tcttin ,2. '!'he City Council hereby find•, determine• anc! declare•
that th• ereinabove change in zoning i• juatified by public nece••ity,
convenience, general w.lfare and good zoning practice•.
Paaaed on rir•t Reading by the City Council of th• City of Englewood,
Colorado, thi• 16th day of October A.D., 1961, and ordered publiahed in
fall in the Snglewood Herald and Bnterpri••·
ATTUT1
waa read for th• f irat
comCIUl ..... \11 llAlt'l'I• llOV8D, COUllCIUIAll WOODS SBCOllDSD, 'l'BA!' '1'llB PaOPOISD
ULL .. PWD cm PIJlST llMDim MD ORDDBD PUBLISllD I• JUl.L I• ms
DIH1TfOOD aa•1.n AllD ..,.....188. Upon the call of the roll, the vote re-
aul ted aa followa1
Ayea1 Councilmen Braun, BrownMtell, Martin, llilea, Wooda, JCreiling.
•aya1 llone.
Abaent1 Council.aan llcLellan.
The Mayor declared the 110tion carried.
612-49 RBLATm G 'l'O ZOBIRG OP GORDO& TRACT
Kr. Barry carleno, Attorney, atated that the original requeat waa
for th• zoning of the .. ••ire Gordon Tract aa M-1 manufacturing diatr ict.
!'hi• requeat waa denied by the Planning Comniaaion • lie atated that aince
then the co.pr011i•• had been ••tabli•h•d providing for R-1-A reaidential
&onin9 w.at of Clay ltr-t extended and 11-1 aonin9 eaat of Clay str-t
extended. Be atated that although reaidential and manufacturing would
border on each other, the t?pographical feature• would provide natural
barrier•.
COU9CIU'.All mull llOVD, OOUllCILl'Alf MARTI• SBOOIJDBD, TllA'l' '1'llB Cift
comcu. Sft A PUBLIC llMaim Oii ms PROPOSBD RBZOllillG POR 8100 P.11.,
JmllMY, ~ 20'l'll AT TBS Cift BALL, Cift OOUHCIL CBAKBm, AllD 'l'llA'l'
TBS PllOPDft COllCDSBD 88 POITBD AllD LBGAL BOTICB OP '1'BB llMRDICI PROVIDBD.
Upon the call of the roll, the vote reaulted as follows:
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Minute• of October 16, 1961
Ayeaa Councilmen Braun, Brownewell, Martin, Milea, Wooda, JCreiling.
•ayaa Rone.
Abaenta Councilman llcLellan.
The Mayor declared the motion carried.
'ftl• City Manager atated that no previoua action had been taken by the
Council in thia .. tter other than to receive the denial aa preaented by the
Plannin9 eo.aiaaion. 'l'h• Deputy City Attorney stated that he would check
if there waa any time limit for zonin9 of an area that mi9ht effect thia
particular caae.
612-54 PILLDrG VACAllcr 08 BOARD OP CARBBR SBRVICB OOMMISSI08BRS
cou•CIIAU m<>DS IDIIllATBD ... BARRY CARLBllO TO TBB VACABcr 08 'l'BB
8DAaD OP cum SSllVICB OOMMISSIORBRS OCCASIOllBD BY TBB RBSIGllA'II08 OP
OClllI88Iom BILL llOCllB.
COU.CILll.U 8IUIJ 8 MOVBD, COUllCILMAR MARTI8 SBC08DBD, '1'11A'I .. IllA'IIO.S
roa .,... VACAllCr m TBS CAPBD SBRVICB OOIUIISSI08 BB CLOSBD AllD 'l'llA'I '1'llB
Cift C'·a.K BS DSftUCTSD '1'0 CAST A8 UllAllillOUS BALLOT !'OR BARRY CARLBllO
PO• ms o•DPIJlSD T ... 08 TllB CARDR SBRVICB C<»UIISSI08 BllDDIG JUllB 1, 1967.
Upon th• ea11 of the lloll, th• vote reaulted aa followaa
Ayeaa Councilaen Braun, Brown.well, Martin, Milea, Wooda, JCreiling.
8aya1 llone.
AbHnta Councilman McLellan.
'1'be Mayor declared the motion carried and instructed the City Clerk to
notify Kr. carleno of hia appointment.
612-48 APPLICA'IIOll IOR TRAllSPBR OF LIQUOR LICmtSB OF BBLLBVIBW BOWL
COUllCIUIAll UOWllSWBLL llOVBD, COUBCILMAR BRAUH SBCOl1DBD, 'l'BAT '1'BB APPLI-
CS!'IOll POa 'l'llAll8PD OP TllB LIQUOR LICDSB AT BBLLBVIBW BOWL TO '1'BB Dl'l'DS'IA'l'B
BC*LDIG COUOM'l'IO• BS RlllDVBD PR<»I TBB TABLB. Upon the call of the roll,
th• vote reaulted •• followaa
Ayeaa Councilmen Braun, Brown.well, Martin, Miles, Woods, JCreiling.
•ayaa llone.
Abaenta Councilman McLellan.
'!he Mayor declared the motion carried.
Mr. Tony Greco, Attorney, repreaentin9 Interatate Bowlin9 Corporation,
waa preaent to anawer queationa on the tranafer.
'!he City Clerk read a letter from the Deputy Director of the State
Liquor Department, atatin9 that th• holdin9 of one or more 3.2 Beer Licenaea
did not conflict with th• State Liquor Law• which intereat in only one liquor
licenae .. Y be allowed.
COUllCILll.U WOODS llOVBD, COU8CILMAR BRCWBWBLL SBCmDBD, 'l'BAT '1'BB
APPLICA!'I09 roa fttAllSPD OP '1'118 LIQUOR Liams• OF BBLLBYIBW BOWL AT 4900
aoum PSDD!U. 80ULSVARD TO '1'118 I8'1'BRSTATB BOWLI8G CORPORATI08 BB APPaOVBD.
Upon the call of th• roll, the vote reaulted aa followaa
Ayeaa Councilmen Brownew.11, Martin, Milea, Woods, Kreiling.
••y•1 Councilaan Braun.
Abamta Oouncil .. n McLellan.
Tl.-Mayor declared th• motion carried.
612-58 APPLICATIOll !'OR TRAllSPBR OP LIQUOR LICBNSB AT BORSB CAR ID
Th• City Clerk read an application for the tranafer of the Beer, Wine,
and Spirituoua Liquor Licenae by a corporation, Two Jay'• Limited dba
aor .. car Inn at 65 Weat Ployd Avenue. Be atated that th• application
a11Deared to be in order and that letter• of reference were attached.
Councilman Braun inquired whether the p)lice report waa available.
'fh• City Manager reported that the detective working on thia report bec:aae
ill and waa unable to complete it. Diacuaaion enaued.
COCJllCIU'.lUI aaAUll llOVBD, COUIJCILMAR 8ROWBWBLL SBCOBDSD, 'l'BAT 'l'BB
APPLICATI09 POR TIWISPBR OP LIQUOR LICBRS9 AT llORSB CAR ID BB TABLBD
UllTIL mT COU9CIL llD'l'IBG SO 'l'BAT A CDIPLBTB POLICB UPOa'1' llAY BB RB-
YI--BY '1'llB cou•CIL. Upon th• call of the roll, the vote reaulted aa
followaa
577
578
Minute• of October 16, 1961
Ayea: Council•n Braun, Brownewell, Martin, Miles, Woode, ICreiling.
Jla7a: None.
Abaent: Council ... n McLellan.
'!'be Mayor declared the motion carried and informed the applicants that the next
Council .. eting would be on November 6, 1961.
612-7 PROCBBDilllS 01' WATER AND SEWER BOARD MEETING OP OCTOBER 4TR
The Mayor asked that the minutes be received and placed on tile.
612-5 PROCDDilllS o:r BOARD o:r CAREER SERVICE CCIOIISSION wr:UIO o:r OCTOBBR 5'1'11
The Mayor aaked that the minutes be received and placed on tile.
612-59 Relating 12 Additional Group Lite Insurance !2£. Cit7 Bllplo7eea
Th• Cit7 Clerk read the recomnendation ot the Board or career Service
COllllliaaionera aa tollowa:
"That the career Service Board recommends the adoption ot a new Group
Lite Inauranoe proposal b7 the F.quitable Lite Assurance Societ1 and
that the Board turther recommends that membership be mandatory tor new ea-
ployeea."
The City 111.na .. r diacuased his opposition to the mandatory reco ... ndation
by the career Service COlllliaaion. Discussion ensued.
The Cit7 Clerk reported on the additional coverages ottered under the ex-
tension ot the exiating plan and reported that the coat ot the plan •• within
the UIOUnt aet up An the 1962 budget.
Councilllan 111.lea d1acuaaed the timeliness ot reviewing the group lite in-
auranoe program and determine it the existing polic7 which the Cit7 has ia the
beat policy the City can secure. The Cit7 Manager reported that prior to
iaauance ot the polic7 to the Cit7 ot Englewood b7 the Equitable Lite Aaaurance
Societ1 an extenaive review had been 118de and the polic7 ottered b7 the Societ7
appeared to be the beat available at that time.
D1aouaaion reaumed aa to the .. ndatory reco ... ndation and the conaenaua
ot the opinion ot the Council waa that it was not advisable.
COORCIUIAJI WOODS llOVBD, COUllCIIMAN ~UJf SBCORDBD, 'tllAT TllB RBCCllPaml'!IOJf
OP '!Ill CARBIR SBRVICB Cc.ISSIOR RELATIVE TO JWIDATORY MDIBBRSllIP BB DDDD AIU>
tlll'l' Alf IJIVBS'l'IOAfIOlf BB IW>B BY THI CITY IWIAGBR OP GROUP LIJPB Alfi) ACCIJ>D!AL
DBA'1'B COVBRAOD AVAII.ABI.B THROUGH OTHER C<llPANIBS TO '1'BB CI'l'! OP DOLBVOOD.
Upon the call ot the roll, the vote resulted aa tollows:
Ayes: CouncilMn Braun, Brownewell, Martin, Miles, Woods, Kreiling.
lla7a: None.
Absent: Councilman McLellan.
The Jla7or declared the motion carried.
612-6 PROCDDilllS OP cm PLANNING AND ZONING CCIUCISSION MBB'l'Im OP OCTOBER 5,
1961
The Mayor asked that the minutes be received and placed on tile.
612-6o ft!latinl to vacation ot alley west ot .. 8wediah Bo&ital
The City Clerk read the following recoJ111endation ot· the Cit7 Planning and
Zoning COllllliaa1on in tull:
"That the portion ot the alle7 in Block 6, West View Addition to
~ewooc:l, abutting the South quarter ot Lot 9 and Lota 10 throust!
16 and Lota 33 through 39 and the South quarter ot Lot 40, Block 6,
Veat View Addition, be vacatedfi provided that a 16 1 eaae .. nt tor
aewer real1.an-nt be obtained. '
'1'he Clt7 Manager pointed out the location and circUll8tancea tor the request
tor vacation ot thia alle1 and the proposed relocation ot a sewer line 1n the
area ao that it would not interfere with building construction.
COUllCILllAK BROWJIBWBLL llOVBD, COONCIIllAN MARTIN SBCOllDBD, 'tllAT 'l'BB
RBCmllm>A'fIO• OP '1'111 CIT! PLADillO AMD ZOllillO CCllMISSIO• BB ACCBPtED ARD
'l'JIAT '1'111 CI'l'! A'!TORDf BB DSTRUCTBD TO PRBPARB A BILL 1POlt Alf ORDIDKCB TO
VACA'l'B 'l'llB PORTIOll OP TllB ALLEY AS RBQUESTBD. Upon the call ot the roll,.
the vote reaulted aa tollowa:
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llinu tea ot Oo tober 16, 1961
Ayea: Counoil•n Braun, Brownewell, Martin, Miles, Woode, Kreiling.
Jlaya: Kone.
AbHnt: Council.an McLellan.
The Mayor declared the aotion carried.
PRBSEMTATION OP UNITED NATIONS DAY CBRTIPICATE
The Nayor presented a citation to Mrs. Clarence lfelaon tor her service aa
United Jlationa Chairman tor the City ot Englewood. Mr. Warren Hern, who recently
returned tro11 a trip to X..goa, Nigeria, waa present and related to the Council
acme ot the experiences and incidents ot his stay in Nigeria. Re will be the
•1n speaker at United Nations Day celebration.
Jira. Nelson thanked the Mayor tor his citation.
612-61 RELA'l'Illl TO STRDT DEDICATION IN 3100 BLOCK SOU'l'll HURON
The City Clerk read the following reco11nendation trom the City Planning and
Zoning COllll1aaion aa tollowa:
"The Planning Commission recoDDDend to Council that the street dedications
in 3100 South Huron be accepted provided that intereated parties get the
neceaaary grants, eaae•nta, and agree•nta •de, and that Council observe
Paragraph B, Section 6, Article II ot the Subdivision Regulations aa
tollowa:
In order to provide tor the orderly construction ot public illprove .. nts
aa areas are built and developed, to avoid intel'llittent aectiona ao 111-
proved or unillproved, and to pre>11ote the public health, aatety and weltare,
all atreeta shall be graded and improved by paving, concrete curbs and
gutters and aidewalka, unleaa and provided that Council shall tind, upon
the reco ... ndation ot the Planning Comm1as1on, that paving, curbs, gutters
and sidewalks, or any ot the•, are not required tor an adequate uae and
develop•nt ot the area involved."
The City Manager diacuaaed the need tor right-or-way in the 3100 block
South Huron. Council-.n JUlea reported that the Colorado Central Power COllP&ny
ia planning to relocate power tranamiaaion polea located on the approxillate
center line ot South Huron Street. The eati.ted coat ot thia move ia $4,000.00
ot which the Power Company will aaaUlle halt and the sub-divider the other balt.
Under theae condition• the requirement or a developer to 1-diately pave the
street• within a aub-diviaion would present the .. Jor t1nano1&1 proble• tor the
developer. Th• developer •••k• to have the Council waive the paving requ1re-
•nt and provide paving ot the street aa part ot a district.
The City Manager indicated that the 3200 block South Huron had been accepted
without paving and now the owners ot property in the 3100 block South Huron were
seeking the .... exception. He indicated the aaount ot right-or-way presently
dedicated. D1acuaaion enaued. Councilman Braun stated that he did not teel it
waa neceaaary to deand paving at thia time but that the Council could not
comait tuture Council• aa to requiring or not requiring paving.
COUJICILllAJI BRAUX llOVBD, COUNCILMAN MARTDf SBCOJfDBD, 'l'llAT TBB COUJICIL RBCBIVB
TBB RBCmDIDDATIOlf OP TBB CITY PLANNING ARD ZOlfllfO CC191IS8IOJI ARD ACCBPl' Aft
DBDICAftD LAlll> UP TO A WIDTH OP 60 POOT RIGHT-OP-WAY WI'l'llOU'.r PAVIlll IR '!llB 3100
BI.()CK SOU'l'B HUROll STRBBT AS LOJIO AS THIS RIGHT-OP-WAY DEDICATION IS DI ALIOR-
llDl'f vrrB BUROJI STRDT AS BXISTIIG SOUTH OP THE ABOVE BLOCJt. IIWDIJCB AS I'f
IS lf01' A COUlfCIL POLICY TO RBQUIRB PAVING OP A S'l'RBBT TllROUOB URillPROVBD LUD
PRIOR TO SUB-DIVISIOJf. Discuaaion ensued.
Upon the call ot the roll, the vote resulted as tollowa:
Ayea: Councilmen Braun, Brownewell, Miles, Martin, Woods, JCreiling.
NI.ya: •one.
Abaent: Council•n JlcLellan.
The Mayor declared the motion carried.
RECBSS
The Mayor called a recess or the Council until 10:25 P.11.
579
111.nutea ot October 16, 1961
CALL TO ORDER
'l'he Ma7or called the Council to order at 10:25 P.M. with the tollowing
Couno1l•n present:
Counc1l•n Braun, Brownewell, Miles, Woods, Kreiling.
Absent: Councilman McLellan, Martin.
'ftle Ma7or declared a quorum present.
612-8 PROCKBDIJllS OP PUBLIC LIBRARY BOARD MEETING OP OCTOBER 10, 1961
The Ma7or asked that the minutes be received and placed on tile.
612-62 Study ot Library Needs by Consultant
'l'he City Jlanager reported on the action ot the Library Board requesting a
prelillinary surve1 ot the Librarynneeds or F.nglewood by competent library
consultant. Be stated that previous studies had simply pointed out the
proble.. and ahortoomings ot the Englewood Library but did not otter an1
recOlmllendationa aa to size and requirements ot the ultillate Englewood Library
responsibilit7.
Re rec0111111tnded that the survey be authorized. Discussion ensued.
COURCIIJIAR WOODS MOVED, COUNCIUIAN BROWNBWELL SBCOIDBD, THAT '1'llB RBQ1JBS'f
OP 'l'RE PUBLIC LIBRARY BOARD BB APPROVED AND THAT THE CITY IWIAOBR BB AU'l'BOR-
IZBD TO RBVISB '1'llB 1961 LIBRARY BUDGET TO PROVIDE A MAXIllUJI OP $1,000.00 1'0R
SUCH AN IRDBPBNDBIT STUD!. Upon the call or the roll, the vote resulted aa
tollows:
A7es: Council•n Braun, Brownewell, Miles, Woods, ltre1ling.
lla7s: None.
Absent: Councilmen Martin, McLellan.
The Mayor declared the motion carried.
612-36 ADOPTION OP 1962 PROPOSBD BUDOBT
The City Manager stated that he had adJusted the revenues and appropri-
ations aet torth in the 1962 lllldget aa di1cu11ed and reviled b7 the Cit7
Council during it• recent ••tings. He asked that the Budget be adopted and
th• Cit7 Attorne1 ordered to prepare the various appropriation and budget
ordinances.
COUNCIIMAN JIII·BS MOVBD, COUNCILMAN WOODS SBCONDBD, THAT TllB 1962 llJDClft,
AS RBVISBD, Bl APPROVED ARD THAT THB CITY ATT<llD! BB AU'l'JICllIZBD AllJ> DIDC'l'BD
'1'0 PRBPARB A BILL JPOR AN ORDIRANCE TO ADOPT THI BUDOBT DOCUlllll'l' Alm TO Sl.'1'
JPOR'l'll '1'llB APPROPRIATIORS JPROM VARIOUS JPURDS AS BSTABLISBBD B! TBB BUDGET.
Upon the call ot the roll, the vote resulted as tollowa:
Ayes: Council•n Braun, Brownewell, Miles, Woods, ltreiling.
Na7a: None.
Absent: Councilmen Martin, McLellan.
Th• Mayor declared the motion carried.
612-33 CONSmDBRATION OP GARBAGE COLLECTION CONTRACT
COORCILIWf BRAUN MOVED, COUNCILMAM MILES SECONDED, 'l'llA'l' '1'JIB MAT'tBR OP 'l'llB
COJISIDBRATIOlf OP sms POR THE GARBAGE COM'l'RACT BE RBMOVBD JPRC* TRB TABLE. Upon
the call ot the roll, the vote resulted as tollowa:
Ayes: Council•n Braun, Brownewell, Miles, Wood.a, ltreiling.
Nays: Hone.
Absent: Councilmen Martin, McLellan.
'Dle Jlayor declared the motion carried.
The City llanager reported that he had contacted Mr. Everette Bond with
regard to the requirements for the granting or the contract. Be stated that
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IU.nutea ot October 16, 1961
1n order tor Mr. Bond to aecure a pertonance bond that Mr. A. J. Hansen would
need to actually enter into a contract with Mr. Bond. The Deputy City
Attorney stated that additional parties sigl'ling a contract with the City would
not attect that contract but would make it stronger and more valuable to the
City.
COUNCILIWI BROWNBVBLL MOVED, COUNCILMAN BRAUN SECONDED, THAT THE PROPOSED
GARBAGE CONTRACT JP<lt OD YEAR, BBGINNIHG FEBRUARY 1, 1962, WITH EVBRBTTE L.
BOllD AllD A. J. RAllSBN BB APPROVED AND THAT THE MAYOR AND CIT! CLERIC BB AUTllOR-
IZBD TO SIGN 'l'BB CONTRACT ON BEHALF OF THE CITY. Upon the call ot the roll,
the vote resulted aa tollowa:
Ayes: Councilllen Braun, Brownewell, Miles, Woods, ICreiling.
Maya: None.
Ab•ent: Councilmen Martin, McLellan.
The Mayor declared the motion carried.
612-10 QUARTERLY DEPARTMENTAL REPORTS
The City Manacer diacuaaed the Fire Report and recent developments 1n the
bOllb acarea. lie reported that the Police Chief and City Attorney had been
directed to provide an ordinance setting forth penalties on thoae who were
convicted ot caua1n1 or beine a party to a bond acare plot. The recent illneaa
ot the City Attorney had postponed further action.
Councilll&n Braun auggeated that the District Attorney be informed that the
City Council i• very 111Uch concerned about the bomb acarea and the danger to
public property and the tire personnel in answering such calla in addition to
actual coat ot auch talae alarms to the City or F.nglewood.
COUlfCILIWI BRAUN MOVED, COUNCIIMAN BROWNEWELL SECOllDBD, 'l'JIAT THE CIT!
ATTQIUIB! BB DIRBCTBD TO WRITE A LETTER TO THE DISTRICT ATTORllBr'S OFPICB
SB'1'1'IJ11 1'<lft'll TD CITY OP ENGLEWOOD'S VIEWPOIH'l' ARD DBBP COllCBRR WITH RBOARD
TO JiV'IURB VIOLATIOD AND EXPRESSING THE OPINION THAT AlfYOMB APPRBHBNDBD FOR
'1'llIS CRDIB BB PROSBCUTED TO THE FULLEST EXTEM'l' OP THE LAW. Upon the call ot the
roll, the vote reaulted as follows:
Ayea: Councilmen Braun, Brownewell, Miles, Woode, ICreiling.
Jlaya: Kone.
Absent: Councilmen Martin, McLellan.
The 111.yor declared the motion carried.
612-10 CITY TRBISURBR'S REPORT
FOR THE MONTH OP SEPTEMBER, 1961
The llayor aaked that the report be received and placed on tile.
Introduced aa a bill by Councilman Woods.
612-28 BY AUTHORITY
ORDINANCE NO. 29, SERIES OF 1961
Alf ORDIJIAJK:B AllBllDIJIJ ORDillANCE NO. 2, SERIES OP 1961, IllPLBllDTilll TBB
CARDR sanes SYST• OJ' TllB CI'l'Y OP ENOLEWOOD, COLORADO, VI'ftl APPROPRIAB RULES
AJID RmULATIOllS, Bl DELB'l'IMO 'l'llEREPR~ SUB-SECTION 3 OF SBC!'IOll 2a OJ' Alft'ICLB
I AJID SUBftI'lV'l'IllJ 'l'HBREl'OR A NBW SUB-SECTION 3, DDINIRO '1'111 AU'ftlORI'l'! J'Cll '1'RB
BSTABLISJDmrr Ol' PROBATIClfARY PERFORMANCE PERIODS OP EMPLO'DllDl'l' AND THI BX-
TDSIOJI 'l'llBRBOJI.
waa read tor the second tiM.
COUlfCIUIAJf WOODS MOVED, COUNCILMAN MILES SECONDED, THAT ORDINANCE RO. 2f,
SBRIBS OJI 1961, BB ADOPTED AND APPROVED ON SECOND AND PIRAL RBADilll AND ORDBRBD
PUBLISHED IN PULL IN 'l'HB ENGLEWOOD HERALD AND ENTERPfiISB. Upon the call ot the
roll, the vote resulted aa tollowa:·
Ayes: Councilmen Braun, Brownewell, Miles, Woode, Kreiling.
Maya: None.
Absent: Councilmen Martin, McLellan.
'ftle Mayor declared the •otion carried.
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troduced ae a Bill by Councilman Braun
612-36 BY AUTHORITY
ORDINANCE NO. 30, SERIES OP 1961
AN ORDINANCE PIXIl«J THE TAX LEVY IN MILLS UPON EACH DOLLAR OP THE
ASSBSSBD VALUATION OP ALL TAXABLE PROPERTY WITHIN THE CITY OP ENGLEWOOD,,
COLORADO,, POR THE YEAR 1961.
wae read tor the second time.
COUNCILMAN BRAUN MOVED,, COUNCILMAN BROWNEWELL SECONDED,, THAT ORDINANCE
NO. 30,, SBRIBS OP 1961, BE ADOPTED AND APPROVED ON SECOND AND PINAL READillJ
OD ORDERBD PUBLISHED IN PULL IN THE Et«lLEWOOD HERALD AND BN'l'ERPRISE. Upon
the call or the roll, the vote resulted as follows:
Ayea: Councilmen Braun, Brownewell, Miles, Woods, 1Cre111ng.
Na;ye: None.
Absent: Councilmen Martin, McLellan.
The Mayor declared the motion carried.
Introduced ae a Bill by Councilman Brownewell.
612-63 A BILL
POR Alf CIU>INANCB TO LEVY A CITY RETAIL SALES AND USE TAX WITHIN THE CITY OP
BllOLBWOOD,, COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OP ENGLEWOOD,, COLORADO:
l!t1on 1. HAMB OP TAX. This ordinance may be known and cited as the
CITY AIL SlLBS AND USE TAX ORDINANCE.
Section 2. WORDS AND PHRASES DEPINBD. When not clearly otherwise indi-
cated 61 the context, the following words and phrases, as used in this
ordinance,, shall have the following meanings:
2-1. The tel'll "person" includes any individual, tirm,, co-partner-
ahip, Joint adventure, corporation, estate or trust, or any group or
cOllbination acting aa a unit, and the plural as well as the singular number.
2-2. The tera "City Clerk" shall mean the City Clerk or the City
ot Bnglewood. Th• term "City Treasurer" shall mean the City Treasurer or the
City ot Jrn&lewood. The term "City Manager" shall mean the City Manager or
the City ot Bftslewood.
2-3. The term "sale" or "sale and purchase" includes installment
and credit sales,, and the exchange or property, as well as the sale thereof
tor 110ne7,, and every such transaction, conditional or otherwise,, tor a con-
aideration conatituting a sale, and also includes the sale or furnishing or
electrical energy, gas, telephone, or telegraph services taxable hereunder.
2-4. The term "wholesaler" means a person doing a regularly
recognised wholesale or Jobbing business,, and known to the trade as such,
and aelling to retail merchants, Jobbers, dealers, or other wholesalers, tor
the purpoae ot resale.
2-5. The term "wholesale sale" means a sale by wholesalers to
retail merchants, Jobbers, dealers, or other wholesalers tor resale (and does
not include a sale by wholesalers to users or customers n9t tor resale, and
such sales shall be deemed retail sales, and subject to the provisions or
this ordinance) •
2-6. The term "retailer" or "vendor" means a person doing a retail
business, known to the trade and public as such, and selling to the user or
conau.I•, and not tor resale.
2-7. A "retail sale" includes any sale made within the City ot
Bnglewood except a wholesale sale.
2-8. The term "City" shall mean the City or Englewood.
2-9. The term "taxpayer" shall mean any person obligated to account
to the City Treasurer tor taxes collected or to be collected under the terms
ot this ordinance.
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2-10. The term "tax" •ana attlaar tne tax payable by the purchaser ot a
c0111odity or service subject to tax or the aggregate amount ot taxea due trom
the vendor ot auch cOlmlloditiea or services during the period tor which he is
required to report hie collections, as the text may require.
2-11. The term "tangible personal property" ahall •an corporeal
personal property. Thia ahall not be construed to Man newapapera aa legally
detined by the 1953 Colorado Revised Statutes, Section 109-1-2.
2-12. The term "purchase price" means the price to the conaumer exclusive
ot an7 direct tax 1.mpoaed b7 the federal government or by the State or Colorado
or by thia ordinance; and, in the case of all retail sales involving the ex-
change ot property, alao exclusive of the tair market value ot the property ex-
changed at the time and place ot the exchange; PROVIDED, such exchanged property
ia to be aold thereafter in the usual course or the retailer's buaineas.
2-13. The term "groaa taxable aalea" shall mean the total amount received
1n 11<>ney, credits, property (excluding the fair market value ot exchanged
property which ia to be sold thereafter in the usual course ot the retailer's
baa1ness) or other conaideration valued in money tor the sales and purchases at
retail within the City, and embraced within the provisions ot this ordinance.
2-13 (1). PROVIDED, that the taxpayer •Y take credit in his report ot
groaa aalea tor an aaount equal to the sale price ot property returned b7 the
purchaser when the tull aale price thereof is retunded, either in cash or by
credit;
2-13 (2). And PROVIDED, PURTHER, that the fair market value of any ex-
changed property which ia to be sold thereafter in the usual course ot the
retailer' a buaineaa, it included in the tull price ot a new article, shall be
excluded troa the groaa aales;
2-13 (3). And PROVIDED, FURTHER, that taxes paid on the amount ot gross
aalea which are represented by accounts not secured by conditional sale con-
tract or chattel •ortgage and which are found to be worthlesa and are actuall7
and properly charged ott as bad debts tor the purpose or the income tax i•-
poaed by the lawa or the State ot Colorado, may be credited upon a subsequent
p&)'llent ot the tax herein provided; but if any such accounts are thereafter
collected by the taxpayer, a tax shall be paid upon the amounts so collected.
Such credit ahall not be allowed with respect to any account or item therein
ar1a1ng tro11 the sale ot any article under a conditional sale contract whereb7
the aeller retain• title as security for all or part or the purchase price or
troa the aale ot any article when the seller takes a chattel mortgage on the
article to secure all or part of the purchase price.
2-14. S.lea to and purchases ot tangible personal property b7 a person
•nsasecl in the bua1neas ot .. nutacturing, compounding for sale, profit or uae,
&DJ article, aubatance, or comaodit7, which tangible personal property enters
into th• proc•••ina ot or beco•• an ingredient or component part or the pro-
duct which i• .anutactured, compounded or turnished or the container, label,
or the turniahed •hipping case thereof, shall be deemed to be wholesale sales
and ahall be d••-d to be exempt trom taxation under this ordinance.
2-15. S&lea and purchaaea ot electricity, gas, coal, tuel oil or coke,
tor uae 1n proceaaing, •nutacturing, mining, refining, irrigation, building
construction, telegraph, telephone and radio communication, street and rail-
road tranaportation aervicea and all industrial uses, and newsprint and
printers' ink tor uae by publishers or newspapers and coJ111Dercial printers shall
be d .. lled to be wholesale sales and shall be exempt trom taxation under the
proviaiona ot thia ordiance.
2-16. Should a dispute arise between the purchaser and seller as to
whether or not any such sale ia exempt from taxation hereunder, nevertheless,
the aeller •hall collect and the purchaser shall pay such tax; and the seller
•ball thereupon iaaue to the purchaser a l'eceipt, or certificate, on tor11s
preacribed b7 the Cit7 Treaaurer, showing the names or the seller and purchaaer,
the ite• purchased, the date, price, amount or tax paid, and a brief state•nt
ot the claill or exemption. The purchaser thereatter may apply to the City
Treasurer tor a ·retund ot such taxes, and it shall then be the duty of the
City Treasurer to determine the question ot exemption, subject to review by
the courts as hereinafter provided. It shall be a violation ot this ordinance
tor any seller to tail to collect, or any purchaser to tail to pay a tax
levied by this ordinance, and on sales on which exemption ia disputed.
2-17. When right to continuous poaaeasion or use ot any article or
tangible personal property 1s granted under a lease or contract and such
tranater ot posaeaa1on would be taxable under this ordinance it an outright
aale were .. de, such lease or contract shall be considered the sale of such
article and the tax shall be computed and paid as in the case or an outright
aale taxable hereunder.
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Minutes or October 16, 1961
2-18. A "tarm auction closeout sale" means a regularly advertised
and conducted aale at public auction or all the tangible personal property or
a tal'ller or rancher previously used by him in carrying on hia tal'lling or
ranching operations. Unless said farmer or rancher is making or attempting to
ll&ke tull and final disposition at the auction sale or all property used 1n
hi• taraing or ranching operations and is abandoning said operations on the
prelliaea whereon they were previouslr, conducted, such sale shall not be
deelled a "tara auction closeout sale' within the meaning ot this sub-section.
2-19. The sales tax is imposed on the tull purchase price or
articles sold arter manufacture or after having been nade to order and inclwies
the tull purchase price ot materials used and service performed in connection
therewith, excluding, however, such articles as are otherwise exempted 1n this
ordinance. 'ftle sale price is the gross value of all the materials, labor,
aervice, and the protit thereon, included in the price charged to the user or
conau.er.
2-20. The sale or furnishing or steam or other heat shall be in-
cluded 1n the term "sale" or "sale and purchase" under this section.
2-21. The term "District" wherever used herein shall mean the "Jlour-
County Metropolitan Capital Improvement District".
Section 3.
3-1. It shall be unlawful tor any person to engage in the business
ot aelling at retail, as the same is defined in tais ordinance, on and after
January 1, 1962, without tirst having obtained a license therefor, which
license shall be granted and issued without tee by the City Treasurer and
shall be 1n rorce and errect until revoked.
3-2. APPLICATION; CONTENT. Such license shall be granted only
upon application stating the name and address of the person desiring such
license, the name or such business and the location, including the street
nUllber of such business and such other tacts as may be reasonably required by
the City Treasurer.
Section 4. EACH RETAIL ESTABLISHMENT TO BE LICENSED. In case business
is transacted at two or more separate places by one person, a separate license
tor each place or business shall be required.
Section 5. PORM OP LICENSE; LICENSE NON-TRANSFERABLE. Bach license
shall be nUibered and shall show the name, mailing address, and place and
character or business or the licensee and shall be posted in a conspicuous
place in the place or business tor which it is issued. No license shall be
transrerable.
Sec ti on 6. SALE AT RETAIL WITHOUT LICENSE.
business or selling at retail in the City without
therefor, except as specifically provided herein,
violation or this ordinance and shall be punished
Any person engaged 1n the
having secured a license
shall be guilty of a
accordingly.
Section 7. REVOCATION OP LICENSE BY CITY TREASURER. The City Treasurer
.ay, on a reasonable notice and after tull hearing, revoke the license of any
person round by the City Treasurer to have violated any provision of this
ordinance.
Section 8. APPEAL PRCll CITY TREASURER'S ORDER. Any finding and order
or the City Treasurer revoking the license ot any person shall be subject to
review by the District Court ot the Eighteenth Judicial District or the State
ot Colorado, upon application of the aggrieved party. The procedure tor re-
view shall be in accordance with Rule 106 A (4) or the Colorado Rules of
Civil Procedure •
Section 9. WBBN LICENSE N~ REQUIRED. No license shall be required tor
any person engaged exclusively in the business of selling coD1Dodities which
are exe1111>t tram taxation under this ordinance. ·
Section 10. TAXABLE ITEMS. On and after January 1, 1962, there is hereby
levied ana there shall be collected and paid a tax in the aaount stated 1n
Section 13 hereof, as follows:
10-1. On the purchase price paid or charged upon all sales and
purchases or tangible personal property at retail.
10-2. In the case or retail sales involvibg the exchange of property,
on the purchase price paid or charged, including the tair ... rket value of the
property exchanged at the t~me and place ot the exchange, excluding, however,
trom the consideration or purchase price the tair market value of the ex-
changed property, provided such exchanged property is to be sold the~atter
1n the usual course ot the retailer's business.
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10-3. Upon telephone services tor all Englewood local exchange service
receipt• and upon telegraph services tor all intra-state service originating in
the City.
l~·,. Por gas and electric service, tor gas .&IMl ·electricity turnished
and sold tor domestic or coamercial consumption and .not tor resale.
10-5. Upon the amount paid for all meals and cover charges, it any,
turniahed 1n any restaurant, eating house, hotel, drug store, club, resort, or
other such place at which meals or food are :regularly sold to the public.
10-6. Por steam or other heating service furnished and sold tor
do .. atic or cOlllMtrcial use.
Section 11. ITEMS BXIMPT FR<* TAXATION. The sales or the following
cl••••• or tangible personal property are exempt from taxation under thi• ordi-
nance;
11-1. Class 1 -Motor vehicles, trailers, and semi-trailers registered
outside ot the City ot Englewood.
CAVEAT: The purchase or any motor vehicle, trailer, or semi-trailer
outaide the Pour-County Metropolitan capital Improvement Dmatrict by a resident
ot the City ot Englewood tor uae in Englewood shall be subject to tax hereunder,
which tax shall be payable to the City Treasurer or Englewood prior to the time
the registration license is iaaued by the County Clerk or Arapahoe County. It
&Jl7 reaident ot the City ot Englewood shall register his motor vehicle, trailer,
r aeai-tre.iler in any other county than Arapahoe County, he shall be guilty or
a violation ot thia ordinance and punished as provided in Section 66 he:reot.
11-2. Class 2 -Parm implements.
11-3. Class 3 -Parts and accessories for Articles in Clasaea 1 and
2 above.
11-4. Sales under conditional sales contracts made prior to the
ettecti'fee date ot this ordinance.
11-5. Salee ot tangible personal property shall be exempted from
the operation ot this ordinance if both the following conditions exist: (1)
'ftle sale• are to those who are residents or or doing buaineaa in the State or
Colorado outaide the City or Englewood; and, (2) The articlee s purchased are
to be delivered to the purchaser outside the City ot Englewood by co1111on
carrier or by the conveyance of the seller or b7 mail.
11-6. Sales or tuel used for the operation ot internal combustion
engine•.
11-7. Sales or tangible personal property shall be exempted troa
the operation ot this ordinance it all the following condition• exist: (1)
The aalea are made to a purchaser engaged in manufacturing, processing, llining,
construction, or railroading; (2) The articles sold are to be uaed by the pur-
chaser in the conduct or his manufacturing, erocessing, mining, construction,
or railroadina business outside the City; (3) Delivery or th• articles sold is
to be made to the purchaser at a point outside the City or to a carrier tor
delivery ot the articles to a purchaser at a point outside the City, or to the
railroad, in case the railroad is the purchaser, or to a truck or the con-
struction company in case or a sale to a construction company.
11-8. The sale or drugs dispensed in accordance with a prescription.
11-9. The sale, uae, storage or consumption or rood and food pro-
duct• which are to be consumed off the premises of the vendor, unless prepared
by the vendor at the place of sale for immediate consuaption by the purchaser.
11-10. The sale, use, storage or consumption or goods nanutactured
within the District and aolldirectly by the manufacturer to a coDDon carrier
operating in interstate commerce as the ultimate consumer thereof.
11-11. The sale or goods manufactured within the District and aold
by the manufacturer thereof directly to the ultimate conaWll8r, when delivery ot
auch goods is .. de by connon, contract or commercial carrier, or by convey-
ance ot *be· a1iMe •I' -1 '*hit .r ba,ar t9 a opotat t outaldem•beHa-...lerie•,oertb•
District, for use outside the District.
11-12. All sales and purchases or conanodities or services, the sale
ot which was on June 4, 1937, subject to a sale or excise tax under the laws
ot the United States, where such federal sale or excise tax amounts to more
than twelve-and-one-half per cent (12~) or the sale price under said laws.
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M1nutea ot October 16, 1961
11-13. All aalea to the United States Government; to the State ot ·
Colorado, ita departllenta or inatitutiona, and the political aubdiviaiona
thereof, in their governmental capacities only; and all aalea to the City and
any department thereof.
11-14. All aalea to religious charitable, and eleemosynary
corporations, in the conduct ot their regular religious, charitable, and
elee11e>aynary tunctiona and activities.
11-15. All aalea which the City is prohibited trom taxing under
the Constitution or lawa ot the United States, or the State ot Colorado,
ahall be exe1111>t hereunder.
11-16. All aalea and purchases ot neat cattle, sheep, lambs,
awine and goata; all aalea and purchases ot mares and stallions tor breeding
purpp .. a; and all tarm auction close-out sales shall be exempt trom taxation
hereunder.
11-17. All aalea and purchases of feed for live•*ook or poultry,
all aalea and purchaaea ot aeeda, and all salea and purchases ot orchard
treea ah&ll be exe111>t trom taxation hereunder.
Section 12. RaAILER RESPONSIBLE FOR PAYMBMT OP TAX. Every retailer
(alao herein called "vendor"), shall, irrespective or proviaiona or Section
13, be liable and reaponaible tor the payment or an amount equivalent to one
per cent (1•> ot all aalea .. de by him ot co1111oditiea or services specified
1n Section 10, and shall betore the fifteenth (15th) day ot each month .. ke
a ret\ll'l'l to the City Treasurer tor the preceding calendar month and remit an
a.aunt equivalent to aaid one ~r cent {1•> ot such sales to said City
Treaaurer, l••• tive per cent (5•) ot such tax to cover the vendor's ex-
penae 1n the collection and remittance ot said tax.
. 12-1. RB'l'URN; CONTENT I PORM, ETC. Such retums or the taxpayer,
or hi• duly authorized agent, shall contain such inrormation and be made 1n
auch manner and upon auch torma aa the City Treasurer may prescribe and aaid
CitJ 'l'reaaurer •1 extend the time for making retuma and paying the taxes
due under luch reaaonable rules and regulations as he may prescribe, but no
auch extenaion ahall be for a greater period than is provided in Section 16.
12-2. BXlllPTION; BURDEN OP PROOF. The burden ot proof that any
retailer ia •n111>t trom collecting a tax upon any goods sold and paying aa.e
to th• CitJ 'l'reaaurer, or trom making such retums, shall be on the retailer
or vendor under auch reasonable requirements of proot aa the CitJ Treasurer
•Y preacribe.
S!ction 13. RB'l'AILERS TO COLLECT TAX.
13-1. There are hereby imposed upon all sales ot commodities and
aervicea apecitied in Section 10, taxes 1n accordance with the following
achedule:
13-1 (1). On sales amounting to 44¢ ao and including $1.18, a tax
ot one cent ($0.01).
13-1 (2). On sales amounting to $1.19 to and including $2.18, a lax
ot two cents ($0.02).
13-1 (3). And on all higher sales, one c cent ($0.01) shall be added
in each bracket tor one dollar ffl.00) of additional selling price.
13-2. Retailers shall add the tax imposed hereby, or the average
equivalent thereof, to the aale price or charge, showing such tax aa a separate
and diatinct itea, and when added such .tax •ball constitute a part or auch price
or charge and ahall be a debt trom the consumer or uaefl. to the retailer until
paid and shall be recoverable at law in the same manner aa other debts; pro-
vided, however, the retailer shall be entitled, as collecting •sent ot the
Citf, to apply and credit the amount ot his collection againat the one per cent
(l•> rate to be paid by him under the provisions ot Section 12, rellitting ~
exceaaive collection over aaid one per cent (l·~~ leas the tive per cent (5')
collection expenae allowance ·atoreaaid, to the City Treasurer 1n the retailer'•
next aonthly Nlea tax retum.
notion 14. CITY TREASURER FORMULATES RULES. To provide uniform Mthoda
ot ad 1iii the tax, or the average equivalent thereof, to the selling price, it
ahall be the duty ot the City Treasurer, with the approval ot the City Manager,
to tol'IUl&te and promulgate, atter hearing, appropriate rules and regulations
to ettectuate the purpose ot this ordinance.
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Section 15. UNLAWJUL TO ASSUME OR ABSBBB TAX. It shall be unlawtul tor
&DJ retailer to ad.ertiae or hold out or state to the public or to a117 cuat011er,
directly or indirectly, that the tax or any part thereot impoaed by thia ordi-
nance will be aaaumed or absorbed by the retailer, or that it will not be added
to the selling price ot the property aold, or, it added, that it or any part
thereot will be retunded. Any person violating any provision ot thia ordinance
shall be aubJect to the penalties herein provided.
Section 16. SPECIAL ACCOUMTINO BASIS POR RBMITTAMCE OP TAX. It the
accounting .. thods regularly .employed by the vendor in the transaction ot hi•
busineaa, or other conditions, are auch that reports ot sale nade on a calendar
aonth basis will impose unneceaaary hardship, the City Treasurer nay, upon re-
quest ot the ~vendor, accept report• at such intervals as will, in hi• opinion,
better suit the convenience of the taxpayer, and will not Jeopardize the
collection or the tax; provided, however, the City Treasurer may by rule ~rait
a taxpayer whose monthly tax collected la leas than twaaty dollars ($20.00) to
Mke retuma and pay taxea at intervals not greater than three months.
Section 17. CONSOLIDATION OP RETURNS. A retailer doing buaineaa in two
or more places or locations taxable hereunder may tile one return covering all
such buaineaa activities in the City. ·
Section 18. TAX OH CREDIT SALES, ETC. Whenever an article i• aold under
a conditional aale contract whereby the seller retain• title as securit7 tor
all or part ot the purchase price, or whenever the seller takes a chattel mort-
gage on the article to secure all or part of the purchase price, the tetal tax
baaed on the total selling price shall become i11111ediately due and payable. 'l'hia
tax shall be charged or collected by the seller. Ro retund or credit ahall be
allowed •o either part7 to the transaction in case ot repoaaeaaion.
Section l~. BXCBSS COLLECTIONS; FAILURE TO RBllIT COLLECTIONS. It any
vendor ahii1,ur~ any reporting period, collect aa a tax an aaount 1n exceas
ot one per cent (1-) ot hia total taxable sales, he shall remit to the City
Treasurer the tull net aaount ot the tax herein imposed and alao auch exceaa.
The retention b7 the retailer or vendor or any exceaa ot tax collection• over
one per cent (1.) ot the total taxable sales of such retailer or vendor, or
the intentional tailure to reait punctually to the City Treasurer the tull
aaount required to be remitted by the provisions or thia ordinance, ia hereby
declared to be a violation ot this ordinance.
Section 2~. TAX ON STORAOB, CONSUMPTION, AND USE. There ia hereby levied
and there ahii be collected trom every person in the City a tax or exciae tor
the privilege ot storing, using, or consuming in thia City any article• ot
tanaible personal property purchased at retail trom aourcea outside the
corporate 11a1t• ot Englewood, subsequent to· the ettective date ot this ordi-
nance. Such tax ahall be payable to and ahall be collected by the City
Treaaurer in accordance with the tollowing schedule:
20Tl (1). On storage or acquiaiton charges tor coats trom 44-to
$1.18, both inclusive, a tax ot one cent ($0.01).
20-1 (2). On storage or acquisittDD charges or coats trom $1.19 to
$2.18, both inclusive, a tax of two cents ($0.02).
20-1 (3). On all storage or acquisition charges or coats higher
than $2.18, one cent ($0.01) shall be added tor each bracket of one dollar
$1.00) ot such higher charges or costs.
20-2. ITEMS EXIMPT PR(I( TAX OH STORAGE, CONSUMPTION AND USE. Thia
tax or excise on the storage, consumption, and uae or tangible personal prope~
ia hereby declared to be aupple .. n..., to the City tax on retail sales as pro-
vided in taia ordinance and shall not apply:
20-2 (1). To the storage, use, or consumption ot any tangible personal
property, the aale ot which is subject to the City Retail Sales Tax aa provided
herein.
20-2 (2). To the storage, uae or conawaption ot any tangible personal
property purchased tor resale in thia City, either in ita original form or aa an
ingredient ot a manufactured or compounded product, in the regular course ot a
buaineaa.
20-2 (3). To the storage, uae or conawaption or motor tuel upon which
there haa accl'\led or haa been paid the motor tuel tax prescribed by the Colorado
Motor Puel Tax Law ot 1933.
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20-2 (4). To the storage, use or consumption ot tangible personal
propert1 brought into this City by a non-resident thereot tor his own
atorase, uae or consumption while temporarily within this CitJ, nor to the
peraonal propert1 or a resident it such personal propert1 was purchaaed
prior to becoaing a resident or this City.
20-2 (5). To the storage, use or consumption ot tangible personal
property or the United States Government, or the State or Colorado, or it•
1.natitutiona, or its political subdivisions, in their governmental capacities
onlJJ or bJ religious or charitable corporations in the conduct ot their
reSU].ar religious or charitable tunctions.
20-2 (6). To the storage, use or consumption or tangible personal
propert1 b7 a person engaged in the business or manufacturing, coaapoundinc k
tor aale, protit or use, an7 article, substance or cOllllodity, which tangible
peraonal propert1 enters into the processing or or becOlles an ingredient or
cQ111Ponent part ot the product or service which is manutactured, compounded
or turnished and the container, label or the turnished shipping case thereot.
20-2 (7). To the storage, use or consumption ot electricitJ, coal,
coke, tuel oil or gas tor use in processing, manufacturing, mining, retining,
irrigation, telegraph, telephone and radio conmunication, street and railroad
tranaportation services and all industrial uses, except that electricity, gas,
coal, tuel oil or coke used tor lighting or space hea~ing in these operations
ahall not be exempt.
20-2 (8). To the storage and use or neat cattle, sheep, lambs,
awine and goata within this City; or to the storage and use within this City
ot .. rea and stallions kept, held and used tor breeding purposes only.
!lotion 21 PROVISIONS RELATIVE TO PA111BNTS AND COLLECTION. The
tolloW ng ·provlaiona shall apply to the payment and collection or the tax on
storage, con•U11Ption and use or tangible personal :· propert1:
21-1. MOTOR VBllICLES AND TRAILERS. lny resident person who Mall
purchaae any 110tor vehicle, trailer, or semi-trailer, whether new or used,
outside the •our-County Metropolitan Improvement District tor use within
th1• C1t7, ahall illlediately, and prior to registering and obtaining a
licenae theretor, .. ke a return showing such transaction to the City Treasurer
ot Bnglewood and thereupon pay to him the use tax applicable thereto as pro-
vided tor 1n Section 20 hereot, and tailure to do so shall copstitute a
violation ot th1• ordinance. All motor vehicles, trailers, or semi-trailers,
purchaaed outa1de the corporate limits or Englewood tor use 1n this City
ahl.11 be regiatered with the County Clerk and Recorder ot Arapahoe County,
Colorado, and &Jl7 person who shall register any such motor vehicle, trailer
or ••Iii-trailer in any other county in this state or elsewhere shall be
dee .. d in violation ot this ordinance and any such registration shall consti-
tute pri.a tacie evidence or an attempt to evade payment ot such tax.
21-2. BJILDillJ MATERIALS AND SUPPLIF.S. Any person who shall build,
construct, or 111prove an1 building, dwelling or other structure or improve .. nt
to realt7 whataoever within the CitJ or Englewood, and who •hall purchase the
neceaaari lumber, tixturea, .. terials, or an1 other suppli•• needed therefor
trom any source outaide the Pour-County Metropolitan Capital Improve .. nt Dis-
trict •hall keep and preserve all invoices and state .. nts showing such pur-
chaaes and shall, on or betore the tenth day or each succeeding month
tollowing the start or auch construction, tile a return with the City
'l'reaaurer ot Englewood, to which he shall attach such state11ents and invoices
tor the lWlber, tixturea, .. 11erials and other supplies purchased the previous
110nth and ahall thereupon pa1 to said City Treasurer the tull amount ot the
uee tax due thereon tor the precediM month or months. Any tailure to pre-
serve such state .. nts and invoices and to nake such return and payment ot this
tax ah&ll be dee .. d a violation or this ordinance, and any person so ottending
shall be aubJect to the penalties and punishment provided herein. It shall be
the duty ot the City Building Inspector and the contractor• and sub-contractor•
who are hired to construct any such improvements to turnish the City Treaaurer
auch intormation aa he •1 require as to any purchases or lWlber, fixtures,
.. teriala, and auppliea tor such improvements which were obtained trom
aourcea outside the Pour-County Metropolitan C&pital Improve11ent District.
'!'be tull &llOunt ot any use tax due and not paid tor lumber, fixtures,
.. teriala, and aupplies purchased trom such outside sources, together with
penalties and interest thereon aa herein provided shall be and constitute a
lien upon the real property benetited by such improvement, and the City
Treaaurer is hereb7 authorized to tile a notice or such lien with the Count1
Clerk and Recorder ot A~-bee C Oomat7.
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21-3. Every person who shall become subject to the paJ119nt ot an
excise tax tor the privilege ot storing, using, or conauaing within the CitJ
ot Englewood &Jl7 articles ot tangible personal property purchased at retail troa
aourcea outside the Pour-County Metropolitan Capital Illprove .. nt District ahall,
unleaa a ditterent time be otherwise specifically provided herein, pr011Ptl1 tile
a return with the City Treasurer and pay to him the 1'ull amount ot the tax due
thereon; and &Jl7 undue delay, or effort to evade the payment ot auch tax, shall
aubJect such person to auch penalties and punishment aa provided herein.
Section 22. COLLECTION AND REPUHD OF DISPUTED TAX. Should a dispute arise
between the purchaser and seller aa to whether or not any aale or comaoditJ or
service ia exe111>t trom taxation hereunder, nevertheless, the seller shall
collect and the purchaser shall pay auch tax, and the seller shall thereupon
iaaue to the purchaser a receipt or certificate, on torma prescribed bJ the
City Treasurer, showing the n&•• ot the seller and purchaser, the iteu pur-
chased, the date, price, amount ot tax paid, and a briet state•nt ot the
claill ot exe111>tion. The purchaser may thereatter apply to the Cit1 Treasurer
tor a re1'und ot such taxes, and it shall be the duty of the City Treasurer to
deteraine the question ot exemption, subject to review by the courts, as herein
provided.
Section 23. REPUNDS; PROCEIXJRE. A retund shall be made or credit allowed
tor thi tii so paid under dispute by any purchaser who has an exemption aa in
this ordinance set out. Such re1'und shall be aade by the City Treasurer atter
COllPliance with the tollowing conditions precedent;
23-1. APPLICATION. Applications tor re1'und muat be .. de within
ninet1 (90) days atter the purchase or the goods on which the exemption ia
claimed 9ad must be supported by the affidavit or the purchaser, accompanied bJ
the original paid invoice or aalea receipt and a certiticate iaaued bJ the
aeller, and be aade upon such forms as shall be prescribed and 1'urniahed by the
City Treasurer, which forms shall contain such information aa said City
Treasurer shall prescribe.
23-2. AODCY TO INITIATE REPUND. The re1'und ot receipts, either by
reason ot overpayment, other error, return of deposits, return of agenc1 iteaa,
court order, or otherwise; including retunda to the Department or Highways ot
the State ot Colorado or ninety-tive percent (95-) or all sales taxes received
by the City ot Englewood, on account ot the purchase ot tangible personal
property by any persona, firm or corporation furnishing work and materials
under contract with the aaid Department of Highways for construction or repair
ot &ft7 portion ot a legally designated State highway located within the corpor-
ate 11111ta ot the City ot Englewood, provided that such tangible personal
property was ao purchased on and after January 1, 1962, and provided further,
that auch tangible personal property, by reason of aaid contract, has bee~
an integral part ot auch State highway, and provided further, that the claill
tor auch re1'und ia .. de as herein provided within ei8hteen (18) month• after
purchase ot the same by the aaid contractor, shall be initiated by the agenc1
of the City ot Englewood through which the original receipt waa handled. The
head ot the agency shall make, or cause to be made, a thorough e.xa•jn&t1on
into the .. rite ot each such retund, shall determine whether it 1• juat1t1ed,
and ahall rec011111tnd ita approval or disapproval.
23-3. DECISIONS. Upon receipt or such application, the CitJ
Treaaurer shall exaaine the .._ with all due speed and shall give notice to the
applicant by an order in writing ot his decision thereon.
23-4. HBARIMO. An aggrieved applicant may, within' ten (10) da1a
atter such decision is ... iled to him, petition the City Treasurer tor a hearing
on the claill 1n the manner provided hereinatter.
Section 24. RBPUllDS NOT ASSIGNABLE. The right ot anJ person to a retund
under thia ordinance shall not be assignable, and application tor re1'und muat
be .. de by the same person who purchased the goods and paid the tax thereon aa
shown 1n the invoice ot the sale thereof.
Section R· PENALTY FOR VIOLATING REFUND PROVISIOllS. Any applicant tor
retunCt Uiider ~e provisions hereinabove, or any other person who shall .. ke abJ
talae atate•nt in connection with an application tor a retund of any tax ahall
be deemed guilty ot a violation or this ordinance and punished aa hereinafter
provided.
uraon.1. VIOLATIONS OF REPUND PROVISIONS TO BB USBD AS BVIDBllCB a-,
JPRA I~. It any person be convicted under the proviaiona or Section
25, auch conviction shall be priJDa tacie evidence that all retunda received bJ
auch person during the current year were obtained unlawtullJ, and the Cit7
Treasurer ia hereby e111>owered and directed to bring appropriate action tor re-
coveri ot auch retund. A briet awmary or the above •ntioned penaltie• •ball
be printed on each torm application for refund.
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notion 27. BURDBlf OP PROOP. The burden ot proof that Nlea and
c~ Od ties, and services on which tax retunda are claimed, are exempt troa
taxation hereunder, or where not at retail, shall be on the one aaking such
claia under auch reasonable requirements or proof as the City Treasurer may
preacribe.
Section •• SALBS TAX INJPOllUTION TO BE CONPIDEN'l'IAL.
28-1. Except in accordance with Judicial order or as otherwise
herein provided, the City Treasurer, hia agents, clerks, and employees shall
not divul .. &n7 1ntormation gained from any return tiled under the provia1ona
ot thi• ordinance.
28-2. The otticiala charged with the custody ot such return• shall
not beerequired to produce any ot them or evidence ot anytaing contained 1n
the• 1n &n7 action or proceeding in any court, except on behalf ot the City
Treaaurer 1n an action under the provisions or this ordinance to which he is
a party, or on behalt ot any party to an action or proceeding under the pro-
vialona ot thia ordinance or to punish a violator thereot when the report ot
tacts shown by such report ia directly involved in such action or proceeding,
1n either' ot which events the court nay require the production or, and may
adait 1n evidence, so 11Uch ot said returns, or of the tacts shown thereby, as
are pertinent to the action or proceeding and no more.
28-3. Rothing contained in this section shall be construed to pro-
hibit the delivery to a person, or his duly authorized representative, ot a
copy ot any return or report tiled in connection with his tax, nor to prbblbit
the publication or statistics so classified as to prevent the identification
ot particular report• or returns and the items thereof, nor to prohibit the
inapectlon by the City Attorney ot the City, or any other legal representative
ot the City, ot the report or return or any person who shall bring action to
set &aide or review the tax baaed thereon, or against whom an action or pro-
ceeding is contemplated or has been instituted under this ordinance.
28-4. Reports and returns shall be preserved tor three years and
thereatter until the City Treasurer, with approval ot the City Manager,
order• the• deatroyed.
Section 29. OOTY TO KBBP BOOKS AND RECORDS. It shall be the duty or
ever;y person engaged or continuing in business in the City, tor the trans-
action ot which a license is required hereunder, to keep and preserve suit-
able records ot all sales made by him, and such other book• or accounts aa
aay be necessary to detel'llline the amount or tax tor the collection ot which
he ia liable hereunder. It shall be the duty or every such person to keep
and pre .. rve tor a period or three years all invoices ot good• and .. rcban-
dl .. purchaaed tor resale, and all such books, invoices, and other record•
•hall be open tor exallination at any time by the City Treasurer, or his duly
authorised agents.
!fffion 30. PBNAL'l'Y POR WROIGPULLY DIWLOilfG SALBS TAX IDORIUTIOR. Any
Cit7 ~ cer or e11Ployef, or any member or the otfice ot, or otticer, or ••-
plo7ee ot the City Treasurer who shall divulge any intor11&tion claasitied
herein aa contident1&1, in any manner, except in accordance with proper
Judicial order, or as otherwise provided by law, shall be guilty ot a violation
hereot.
Section 31. BXAMINATIOR OP RE'l'URHS; REPUNDS, CREDITS, AlfD DBJPICIDCIBS.
Aa aoon aa practicable after the return is tiled, the City Treasurer shall
eoas ne it •
31Tl. It it then appears that the correct amount ot tax to be re-
mitted ia greater or leas than that shown in the return, the tax shall be re-
ccmpu tec:l.
31-2. It the amount paid exceeds that which is due, the excess
shall be retunded or credited against any subsequent remittance trom the same
person.
31-3. It the aaount paid is less than the amount due, the ditterence,
together with interest thereon at the rate or one-half ot one per cent per
aonth troa the time the return was due, shall be paid by the vendor within ten
days atter written notice and demand to him from the City Treasurer.
Section ~2. PDAL'l'Y P~ DBPICIDCI~ CAUSED BY DISRIDARD OP RULES. It
&n7 part or t e deficiency i• due to negligence or intentional disregard or
authorised rules and regulations with knowledge thereot, but without intent
to detraud, there shall be added ten per cent (10,C) or the total amount or the
deticienc1; and in such caae interest shall be collected at the rate ot one
per cent (l•) per month on the amount or the deficiency troa the time the re-
turn was due, from the person required to file the return, which interest and
addition shall become due and payable within ten days atter written notice and
de.and by the City Treasurer.
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Section 33. PENALTIES POR DEFICIENCY CAUSED BY PRAUD. It any part ot the
deticlency ia ~ue to rraud with the intent to evade the tax, then there shall
be added titty per cent (5~) or the total amount ot the deticiency, and 1n
auch oaae the whole amount or the tax unpaid, including the additions, ah&ll
become due and payable ten daya atter written notice and dell&nd by the City
Treasurer, and an additional one per cent (1.) per month on •id aaounta shall
be added troa date the return waa due until paid.
Section 34. DfVBSTIOATION OP RETAILERS' BOCICS. Por the purpose ot aacer-
tainina the correctneaa ot a return, or tor the purpose ot determining the
&llOUnt or tax due trom any person, the City Treasurer, or his duly authorized
deput1ea, .. 7 hold 1nveat1gat1ons and hearings concerning &J17 matters covered
b7 thia ordinance, and •Y examine any relevant booka, papers, records, or
llOl'anda or any such person and may require the attendance or such person, or
any otticer or employee ot auch person, or of any person having knowledge or
auch aalea, and -J' take teat1.mony and require proof" for hi• i.Jlrorm.tion. The
City Treasurer and hia duly authorized deputies shall have power to ac1Jajn1ater
oath• to auch per1on1.
Section 35. HEARSNOS, SUBPODAS, AND WITNESS JPBBS. All subpoenas issued
under the terms or this ordinance may be served by any person ot tull age. The
teea ot witneaaes tor attendance and trial shall be the sall8 as the tees ot
witneasea betore the District Court, such tees to be paid when the witneaa .is
excused trom turther attendance. When the witness is subpoenaed at the 1n1tance
ot the City Treasurer, such tees shall be paid 1n the same •nner as other ex-
penses under the tel'lll8 or this ordinance, and when a witness is subpoenaed at
the instance ot any party to any auch proceeding, the City Treasurer may require
that the coat or service or the subpoena and the tee ot the witneaa be borne by
the party at whoae instance the witness is summoned. In such case, the City
Treasurer, in his discretion, nay require a deposit to cover the coat ot such
aervice and witness tees. A subpoena issued as atoreaaid shall be served 1n
the same •nner aa a subpoena issued out of a court ot record.
Section 36. JUDGE CCllPELS ATTENDANCE. Any Judge ot the District Court
ot the llibteenth Judicial District of the State or Colorado, either in tera
time or vacation, upon the application or the City Treasurer, may compel the
attendance ot witnesses, the production of books, papers, records, or 11eaoranda,
and the giving ot testimony betore the City Treasurer or any ot his duly author-
ized deputies, by an attacbllent for contempt, or otherwise, in the same 11&nner
aa production or evidence 11&y be compelled before said Court.
Section 31;. DEPOSITIONS. The City Treasurer or any party in an investi-
gation or hear betore the City Treasurer may cause the deposition ot
witnesses residing within or without the State to be taken in the manner pre-
scribed by law tor like depositions 1n civil actions 1n courts ot this State
and to that end compel the attendance of witnesses and the production ot books,
papers, records, or ••oranda.
Section 38. UNPAID TAX A PRIOR LIEN. The tax imposed by this ordin&nce
ah&ll be a tlrat and prior lien upon the good.a and buainesa t1xtures ot or
used by &Jl7 retailer under lease, title-retaining contract, or ether contract
arrange .. nt, excepting stock ot goods sold or for sale in the ordinary course
ot buainesa, and shall take precedence on all such property over other lie~a
or clailla ot whatsoever kind or nature.
Section i9· SALB OP BUSINESS. Any retailer who shall sell out his
business or a ock ot good.a or shall quite business shall be required to nake
out a return aa provided in thia article within ten days arter the date he
aold out hia business or stock or good.a, or quit business, and his aucceasor
1n buaineaa ah&ll be required to withhold sufficient ot the purchase money to
cover the aaount or aaid tax due and unpaid until such t1118 aa the tormer
owner shall produce a receipt trom the City Treasurer showing that the taaes
have been paid, or a certiticate that no taxes are due.
Section 40. PURCHASES SUBJECT TO TAX LIEN. It the purchaser ot a
busineaa or stock ot good.a ah&ll tail to withhold the purchase aoney as above
provided, and the tax shall be due and unpaid atter the ten-day period allowed,
he, aa well aa the vendor, ah&ll be personally liable tor the paJ1119nt ot the
taxea unpaid by the tol'll8r owner. Likewise, anyone who takes any stock ot
good.a or bua1neas fixtures or or used by any retailer under lease, title-
retaining contract, or other contract arrangement, by purchase, foreclosure
sale, or otherwise, takes aaae subject to the lien tor any delinquent sales
taxes owed by such retailer, and shall be liable tor the paJ1119nt ot all de-
linquent sales taxes or auch prior owner, not, however, exceeding the value or
the property ao taken or acquired.
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1cti09 41. STATUS OP UNPAID TAX IN BANKRUPTCY AHD RBCEIVBRSHIP. When-
ever ~.1iualneaa or property ot any taxpayer subject to this ordinance shall
be placed in a receiverahip, bankruptcy, or assignment tor the benetit ot
creditor•, or aeised under diatraint tor property taxes, all taxes, penalties,
and intereat illpoaed b7 this ordinance and tor which said retailer is 1n a~
•1 liable under th• tel'IUI ot thia ordinance shall be a prior and preterred
lien &&&1.nat all the property ot said taxpayer, except as to pre-existing
clailaa or lien• ot a bona tide mortgagee, pledgee, Judglllent creditor, or pur-
cha .. r who .. right• •hall have attached prior to the tiling ot the notice aa
hereinatter provided on the property ot the taxpayer, other than the gooda,
stock in trade, and buaineaa tixtures of such taxpayer, and no sheritt, re-
ceiver, aaaignee, or other otticer shall sell the property ot any person aub-
Ject to thi• ordinance under process or order or any court, without tirst
aacertainina trc:m th• City Treasurer the amount ot any taxes due and payable
under thi• ordinance, and it there be any such taxes due, owing and unpaid,
it •ball be the dut7 ot auch otticer to first pay the amount ot aaid taaes
out ot the proceed• or auch aale before naking payment or a~ moneys to any
Judgllent creditor or other clai11&nts or whatsoever kind or nature, except the
coata ot the proceeding• and other pre-existing claima or liens as above pro-
vided. Por the purpose ot thia ordinance the term "taxpayer" shall include
"retailer" •
S!ctioJ 42. TRUST STATUS OP TAX IN POSSESSION OF RETAILER. All aum
ot mone1 pi a bJ the purchaser to the retailer as taxes imposed by this ordi-
nance ahall be and re .. in public money, the property or the City, in the bands
ot auch retailer, and he shall hold the aame in trust tor the sole use and
benefit ot the City until paid to the City Treasurer as herein provided, and
tor tailure ao to pay to the City Treasurer, such retailer shall be punished
tor a violation hereot.
ASS..,.~n 43. RBPUSU. TO MAD RETURN; ESTIMATE OF TAXES; PENALTY; NOTICE;
43-1. It any person neglects or refuses to make a retum in paymnt
ot the taxes aa required by this ordinance, the City Treasurer shall nake an
••timl.te, baaed upon such intor11&tion as may be available, ot the amount or
the taxea due tor the period or period• tor which the taxpayer is delinquent;
and upon the baaia ot such estimated amount, compute and aaaeas 1n addition
thereto a penalt7 equal to ten per cent (l~) thereof, t98ether with interest
on auch delinquent taxes at the rate or one per cent {l") per month from the
date when due.
43-2. Promptly thereafter the City Treasurer shall give to the
delinquent taxpayer written notice or such estimated taxes, penalty and
intereat, which noti*9 must be served personally or by registed or certified
•il.
43-3. Such eatillate aball thereupon become an assessment, and such
aa .. a ... nt ah&ll be tinal and due and payable from the taxpay~r to the City
Treaauftr ten (10) da7a tram the date or service or the notice or th• date
ot •illng b7 registered or certified mail; provided, however, that within
aaid ten-day period, auch delinquent taxpayer may petition the CitJ Treasurer
tor a revision or moditication ot auch assessment, and shall, within such
ten-day period, turniah the City Treasurer the tacts and correct figures
ahowlng the correct uount or auch taxes.
43-4. Such petition shall be in writing and the tacts and figure•
aubllitted ah&ll be aubaitted either in writing or orally, and shall be given
under oath ot aaid taxpayer.
43-5. Thereupon the City Treasurer shall modify such assess•nt in
accordance with the tacts submitted, which tacts he deema correct. Such
aaaea ... nt shall be considered the r1na1 order ot the City Treasurer, and 11&7
be reviewed under Rule 106 (a) (4) or the Colorado Rules ot Civil Procedure as
provided in thia ordinance; provided, that the taxpayer gives written notice
to the City Treasurer ot such intention within five days atter receipt ot the
tiral order or aaaeaa .. nt.
Section 44. NOTICE OP TAX LIEN.
44-1. It any taxes, penalty or interest iapoaed by this ord1n&nce
and ahown due by returns tiled by the taxpayer. or as shown by aaaeaa .. nta duly
ad• aa provided herein, are not paid within five days atter the same are due.
the CitJ Treasurer shall iaaue a notice, setting torth the name ot the tax-
pa7er, the &110unt or the tax, penalties and interest, the date ot the accrual
thereot, and that the City claims a tirat and prior lien therefor on the real
and tangible personal property ot the taxpayer. except as to pre-existins
clailaa or liens ot a bona tide mortgagee. pledgee, Judgllent creditor, o• pur-
chaser whose rights shall have attached prior to the tiling ot the notice aa
hereinafter provided on property or the taxpayer. other than the goods. stock
in trade, and buaineas fixtures or such taxpayer.
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44-2. Such notice shall be on forms prepared by the City Treasurer
and shall be veritied by him or his duly qualified deputy, or any duly qualified
agent ot the City Treasurer, whose duties are the collection ot such tax, and
... Y be tiled in the ottice ot the Clerk and Recorder ot any county in this state
in which the taxpayer owna real or tangible personal property, and the tiling ot
such notice shall create such lien on such property in that county and consti-
tute a notice thereof.
44-3. Atter said notice has been filed, or concurrently therewith,
or at any time when taxes due are unpaid, whe•her such notice be filed or not,
the City Treasurer may issue a warrant under his official seal directed to any
duly authorized revenue collector, or to the sheriff ot any county in this
state, co nding hill to levy upon, seize and sell sufficient of the real and
personal property or the tax debtor found within his county tor the p&J119nt of
the aaount due, together with interest, penalties and costs, as now or here-
atter provided by ordinance, subject to valid pre-existing claims or liens as
above provided.
Section 45. SATISFACTION OP LIEN BY LEVY, SALE, AND OARHISHMENT. Such
revenue collector or the sheriff shall forthwith lelry upon sufficient or the
property or the taxpayer, or any property used by such taxpayer in conducting
his retail business, and said property so levied upon shall be sold in all re-
spects, with like effect and in the same manner as is prescribed by law in re-
spect to executions against property upon judgment or a court of record, and the
re .. dies or garnishments shall apply. The sheriff shall be entitled to such
tees in executing such warrant as are allowed by law for similar services.
Section 46. RELEASE OP LIEN. Any lien for taxes as shown on the records
ot the county clerks and recorders as herein provided shall, upon the payment
ot all taxes, penalties and interest covered thereby, be released by the City
Treasurer in the same manner as mortgages or judgments are released.
Section 47. REC9V&RI OP UNPAID TAX BY ACTION AT LAW.
47-1. The City Treasurer •Y also treat any such taxes, penalties
or interest due and unpaid as a debt due the City from the vendor retailer.
47-2. In case or failure to pay the taxes, or any portion thereof,
or any penalty or interest thereon, when due, the City Treasurer •Y recover at
law the &llOunt or such taxes, penalties and interest in any justice, county or
district court or the county wherein the taxpayer resides or has his principal e
place or busineaa having Jurisdiction of the amounts sought to be collected.
47-3. The return or the taxpayer or the assesa•nt made by the City
Treasurer, as herein provided, shall be prima facie proof ot the amount due.
47-4. Such actions aay be actions in attachments, and writs ot
attachllent .. Y be isaued to the constable or sheritt, as the case may be, and
1n any auch proceeding no bond shall be required ot the City Treasurer, nor
shall any conatable or aheritt require of the City Treasurer an indemnitying
bond tor executing the writ ot attachment, or writ of execution upon any Judg-
.. nt entered in auch proceedings; and the City Treasurer may prosecute appeals
or writs ot error in such cases without the necessity or providing bond theretor.
47~5. It shall be the duty of the City Attorney ot the City, when
requested by the City Treasurer, to conanence action tor the recovery ot taxes
due under this ordinance, and this remedy shall be in addition to all other ex-
isting remedies, or remedies provided in this ordinance.
Section 48. CITY A PARTY TO TITLE ACTIONS POR DETERMINATION OP' LIEN. In .
any action attecting the title to real estate or the ownership or rights to
poaaeaaion ot personal property, the City may be 11&de a party defendant t1n1 the
purpose ot obtaining a judgment or determination or its lien upon the property
involved therein.
Section 49. CITY TREASURER MAY WAIVE PENALTY. The City Treasurer is here-
by authorized to waive, tor good cause shown, any penalty assessed as in this
ordinance provided; and any interest imposed in excess or six per cent (6J') per
annua shall be deemed a penalty.
Section ~O. PETITIONS BY AOORIEVED TAXPAYERS TO SET HEARINGS. If any per-
son having ma e a return and paid the tax provided for in this ordinance feels
aggrie~d by the aaaessment made upon him by the City Treasurer, he may apply to
the City Treasurer by petition in writing with ten (10) days atter the notice
is mailed to him, tor a hearing and a correction or the amount ot the tax so
assesaed, in which petition he shall set forth the reasons why such hearing
should be granted, and the amount by which such tax should be reduced. 'nle City
Treasurer shall notify the petitioner in writing of the time and place fixed bt
hill tor auch hearing. Atter such hearing, the City Treasurer shall make such
order in the matter as ia just and lawful and shall furnish a copy of such order
to the petitioner.
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Minutes ot October 16, 1961
Section ~· DECISIONS OP CITY TREASURER; NOTICE; WHBN PINAL. Every
decialon of t City Treasurer shall be in writing, and notice thereof shall
be .. iled to the vendor within ten (10) dayat and all auch deciaiona shall be-
COlllt tinal upon the expiration or thirty (301 days arter notice or such de-
cision shall have been mailed to the vendor, unless proceedings are begun
within said time tor review thereof, as herein provided.
Section 52. REVIEW OP CITY TREASURER'S DECISION. Should the applicant
tor retund be aggrieved at the tinal decision or the City Treasurer, he may
proceed to have aame ·reviewed by the courts in the manner provided tor review
ot other deciaiona or the City Treasurer hereunder, such review to be in the
District Court ot the Eighteenth Judicial District or the State ot Colorado.
52-1. Duties ot the City Treasurer herein provided may be performed
by anyqqll&litied deputy.
Section 5Bi_ REVIEW BOND FIELD WITH CITY TREASURER. Betore making appli-
catt on to the strict Court under Rule lo6 (a) (4) ot the Colorado Rules or
Civil Procedure, the party making such application shall tile with the City
Treasurer a bond in twice the amount or the taxes, interest and other charges
audited and stated in the determination and decision ot the City Treasurer,
with surety aa ia now provided in other cases or appeal, or at his option may
deposit lawtul money or the United States in the same manner as herein provided.
Section 54. REVIEW IN DISTRICT COORT.
54~1. The District Court ot the Eighteenth Judicial District ot
the State or Colorado shall have original Jurisdiction in proceedings to review
all queationa or law and tact determined by the City Treasurer in administering
the proviaiona or this ordinance by writ under Rule lo6 (a) {4) or the Colorado
Rules ot Civil Procedure.
54-2. Such writs shall be issued by the Clerk or the Court upon a
verified petition or the taxpayer, tiled within twenty (20) days after notice
ot the decision or the City Treasurer in any such matter.
54-3. The writ shall be served within five (5) days after its issuance
and ahall be returnable at such time as the Court may determine, not leas than
ten (10) daya nor 11e>re than twenty (20) days after the date when the writ waa
iasued. The City Treasurer shall forthwith certify the record or his proceedings
to .. id Court.
54-4. The procedure thereunder shall be in conformity with the Rules
ot Civil Procedure or the State or Colorado.
Section 55. REVIEW OP DISTRICT COURT DECISIONS BY SUPRF.ME COURT. The
decision or the District Court may be reviewed in the Supreme Court upon writ ·or
error by any party.
Section 56. NOTICES TO BE SENT REGISTERED OR CERTil'IED MAIL. All notices
required to be given to the retailer or vendor under the provisions ot this
ordinance shall be in writing and it mailed postpaid by certified or registered
.. il "return receipt requested" to him at his last known address, shall be
autticient tor the purpose or this ordinance.
Section it• HEARINGS TO BE HELD IN CITY. Every hearing before the City
Treasurer aha be held in the City ot Englewood.
Section 58. LICENSE AND TAX; IN ADDITION TO ALL OTHER TAXES. The license
and tax lmpoaed by this ordinance shall be in addition to all other licenses and
taxes iapoaed by law, except as herein otherwise provided.
Section 59. AI*INISTRATION OP ORDINANCE BY CITY TREASURER. The admini.-
stration or the licensing provisions or this ordinance i• hereby vested 1n the
City Treasurer; and the administration or all the other provisions or this ordi-
nance ia hereby vested in and shall be exercised by the City Treasurer, who
ahall prescribe torma and reasonable rules and regulations 1n conformity with
this ordinance tor the making or returns, tor the ascertainment, aaaeaa .. nt
and collection or the taxes imposed hereunder, and tor the proper administration
and enforcement hereof.
Section 60. CONTRACT WITH OTHER GOVERNMENTAL ENTITIES. The Cit7 •1 con-
tract with the S1;ate or Colorado, the Four-County Metropolitan C&pital Illprove-
.. nt District, or any city, town, county, city or county, or other gove!'nllental
entit7, r~r the collection or the tax herein provided tor, or the pertor11ance
ot such service or services pursuant to this tax as it 111&7 deem neceaaar;v.
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Minutes ot October 16, 1961
Section 61. PURPOSE OP TAXJ DISTRIBUTION OP PROCEEDS. The Council ot the
City hereby declares that the purpose ot the levy ot the taxes imposed by this _
ordinance ia tor the raising or tunda tor the payment or the expenses ot oper-
a ting the City and tor capital improvements; and in accordance with these pur-
poses, all or the proceed• or aaid tax shall be placed in and become a part ot
a "Salee Tax Pund" or the City.
Section 62. STATUTE OP LIMITATIONS.
62-1. The taxes tor any period, together with interest thereon and
penalties with respect thereto, imposed by this ordinance shall not be aaaeaaed,
nor ahall any notice or lien be tiled, or diatraint warrant be issued, or suit
tor collection be inetituted, or any other action tQ collect the same be
c01111enced, more than three (3) years atter the date on which the tax waa or ia
p&J&ble. Mor ah&ll any lien continue atter such period, except tor taxea
aaaeaaed before the expiration ot auch period, notice or lien with respect to
which has been tiled prior to the expiration or such period; in which caaea such
lien shall continue only tor one year arter the filing or notice thereof.
62-2. In case or a talae or fraudulent return with intent to evade
tax, the tax, together with interest and penalties thereon, may be aaeeaaed,
or proceeding• tor the collection or such taxes nay be begun at any time.
62-3. Betore the expiration or such period ot liaitation, the tax-
payer and the City Treasurer .. Y agree in writing to an extenaion thereot, and
the period ao agreed on 18y be extended by subsequent agreements in writing.
Section 63. SEVERABILITY. It any section, subsection, paragraph, sentence,
clause, or phre.ae or thia ordinance ia for any reaaon held or decided to be un-
constitutional, such decision ahall not arrect the validity or the re .. ining
portions or thia ordinance. The City Council hereby declares that it would ban
paaaed thi• ordinance and each section, subsection, sentence, clause, and phrase
thereof, irrespective or the tact that any one or more 1ection1, 1ub-1ectiona,
aentencea, claueea or phraaea might be declared unconstitutional.
Sec&t.m 64. OPTION OP RBMITTINO ONE-HALF COLORADO SALES TAX. The City
Treasurer shill by rule give retailers the option ot remitting to the ~ity
Treaeurer tor any month an a110unt equal to one-half ot •h• remittance niade by
or tor them to the State Treasurer tor the Colorado retail sale• tax tor the
.... aonth, tor sales .. de or aervicea performed in the City or Englewood.
Such rellittance ah&ll be in lieu or the •onthly remittances required by Section
12J and all provisions or this ordinance applicable to the monthly remittances
under Section 12 shall be applicable to the optional remittances permitted by
thia Section 64.
Section 65. EXPIRATION OP SALES TAX. The City Retail S&lea Tax shall
continue to be imposed until the adoption or a new ordinance to the contrary.
Section 66. VIOLATIONS; EVASION OP COLLECTION OR PAYMENT OP TAX. It
•hall be a violation or thi• ordinance tor any retailer or vendor to retuae to
... ke any return provided to be made in this ordinance, or to 11&ke any talae or
fraudulent return, or any talae statement ln any return, or to tail or retuae
to ... ke payment to the City Treasurer or any taxes collected or due the City,
or 1n any manner to evade the collection and payment or the tax, or any part
thereof, 1.llpoaed by this ordinance, or for any person or purchaser to tail or
retuae to pay auch tax or evade the payment thereof, or to aid or abet another
in any attempt to evade the payment or the tax imposed by this ordinance. .Any
corporation ... king a talae return or a return containing a talae statement shall
be guilty or a violation or this ordinance.
66-1. PDTALft. Any per80n who ahall violate any of the proviaiona
of thia ordinance aball be guilty of a violation hereof and ahall be puniahed
by a fine not to exceed Three Hundred Dollar• ($300.00) or impri80nment not
to exceed ninety (90) daya.
66-2. Bach and every twenty-four (24) hour• continuation of any
violation ahall conatitute a diatinct and aeparate offenae.
S.Ction 'J· Thia ordinance shall become effective on the lat day of
January, A.D. 962.
Paaaed on Pirat Reading by the City Council of the City of Bngl9wood,
Colorado, thia 11th day of October, A.D. 1961, and ordered publiahed in full
in th• lpalMIOOd Herald and Bnterpriae.
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Minute• of Octob91r r l6, 1961
COUllCIIllAll BltMJlf MOVBD, CX>mtCIIMAll BROWllBWBLL SBCOllDBD, 'l'BAT TBB PROPOSBD
BILL BS PASSBD Oii PIRST RBADillG ARD ORDBRBD PUBLISHBD IR PULL IR TBS BBGLBlfOOD oaar.n AB D't&itPRISB. Upon the call of the roll, the vote reaulted aa followa1
Ayea1 Councilmen Braun, Brownewell, Miles, Wooda, Kreilin9.
Rayas Mone.
Abaent1 Gouncilmen Martin, McLellan.
1'be Mayor declared the motion carried.
1!80lution frcm Brighton oppoaing capital Improv-•nt Diatrict
The City Clerk read the followin9 reaolution in fulls
RBSOLUTIOll
111UPlBAS, there are aerioua legal questions concerning the validity of
IKJUSS BILL 221 paaaed by the 43rd General Aaaembly of the State of
Colorado, and
WllSRSAS, there are ••rioua legal queationa concernin9 the organization
of Denver Ar•• MBTROPOLITU CAPITAL IMPROVIDUD1'1' DISTRICT' and'
"8BllSAS, th• voter• of the City of Brighton, Colorado voted a9ainat the
foraation of the DISTRICT by a vote of seven to one, and
WIDMS, Th• City Council• of the citiea of Aurora and 'l'hornton, have
already gone on official record aa aupporting a le9al action to cauae a:>USB
BILL 221 and the or9anization of the MBTROPOLITAll CAPITAL IMPROVIDIBll'l' DIS'l'RICT
under aaid Act to be judicially revi.wed.
WBBRBAS, a:>USB BILL 221 provide• in Section 11 aa followa1 "B•tabliah-
.. nt of auch diatrict under th• procedure herein aet forth •hall be concluaive
of the r•9Ul•r organization there of againat all peraon• except the atate of
Colorldo, in an action in the nature of a writ of quo warranto co enced by
the attorney 9eneral within thirty days after said decree declaring such di•-
trict u organized and not otherwise."
'ftlBRBPOU, BB IT RBSOLVBD BY ms CITY COUNCIL OP TBB CI'l'I' OP BRIGBTOll,
OOLOltADO AS followa1
1. 'fhat th• Mayor be and hereby is directed to requeat the Attorney
General of the State of Colorado to bring an action in the nature of a write
of quo warranto and in aaid action to put in i••ue all valid legal queation•
•• to th• validity of BOUSB BILL 221 and all valid le9al queationa •• to the
validity of th• or9anization of the MBTROPOLITAll CAPITAL IMPROVlllBl1'1' DIS'l'RICT,
and that aaid action be commence within the time provided in the Act.
2. That a copy of this Resolution be mailed by th• City Clerk to each
County government and City and town government in the four county area
affected by aaid Diatrict.
PASSBD AID> ADOPTBD AT A RBGUIAR CITY CX>mtCIL MBBTillG OP TBB CITY OP
8UWIW, COLORADO TRIS 10th day of October, 1961.
Aft8ST1
•7 R. A. Buffington
City Clerk
CITY OP BRIGB'l'Oll, COLORADO
BY /s/ A. B. Wall
MAYOR
1'h• Mayor aaked that the reaolution be received and placed on file •.
RBIATIBG TO RIPPLE ARD HOWB JUDGIDIDT
'l'h• Deputy City Attorney reported on recent offers and counteroffers be-
tween the City of Bnglewood and Ripple and Howe, Engineering COmpany. Be
atated that he atill recommended an appeal in this caae and poaaibly an in-
junction to ••t aaide the court order until such an appeal can be perfected.
Diacuaaion enaued.
COUllCIIllAll BRAmt MOVBD, COUHCIIMAH WOODS SBCOBDBD, 'l'HAT 'l'BB CITY AT'l'OIU1BY
BS AUTllORIZBD TO OOBTIBUB COURT ACTION IN THE RIPPLE ARD llOWB CASB TO PBRPBCT
All APPML TO TllB SUPRlllB COURT FOR HBGOTIATION PURPOSES OR ACTUAL APPML AS
MAY BB DI TBB BB&T IllTBRBSTS OP THB CITY. Upon the call of the roll, the vote
reaulted •• followa1
Ayea1 Councilmen Braun, Brownewell, Milea, Wooda, Kreilin9.
Bayas Rom.
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Minute• of October 16, 1961
Abaenta Councilmen Martin, McLellan.
Th• Mayor declared the motion carried.
612-64 mmRG•or RBPAIJlS AT SBWAGB DISPOSAL PLMl'l'
Th• City Manager read a memo from Harold Babcock, Utilities Director.,
which reported that variou• repairs were neceaaary inmediately in the ·
Sewage Diapoaal Plant at a total coat eatimated to be approximately $2,500.00
and, therefore, aubject to competitive bidding by the Charter although imprac-
tical in thi• particular caae. He aaked for exemption of thi• project from
competitive bidding. Diacuaaion ensued aa to th• ca@•• of the plumbing fail-
ure and mean• for correction.
COUllCILMAll BRMJ• MOVBD, COU•CILMAN MILBS SBCOl1DBD, 'l'BAT TBB -Gmor
RDADl8 AT TD SBWAGB DISPOSAL PLANT COHSISTIBG OP PIPB PIT'l'BRS SBRVICBS,
SALVAGS OP BXISTIBG PIPB AS HBCBSSARY, PROCURBMD1'1' OP l1Blf MATBRIAL AS DCBB-
SAU O• All AS DBDBD BASIS BB BXBMPTBD PROM COMPBTITIVB BIDDillG RBQUIRBMml'l'S
OP '1'118 CllARTBR AS TBOSB RBQUIRlllBRTS ARB IMPRACTICAL. Upon the call of the
roll, the vote reaulted aa follow•:
Ayea1 Councilmen Braun, Brownewell, Miles, Wood•, Kreilinq.
••y•a !lone.
Abaenta Councilmen Martin, McLellan.
'1'be Mayor declared the motion carried.
MAYOR'S alOICB
'l'h• Mayor reported that he had received a letter from the Board of
Adjuatment and Appeal• requeatinq a meeting with the .City Council to discus•
.,.. of the back ground of recent action• by the Board and poaaible misin-
terpretation of tho•• action• by the City Council. The Mayor atated that
he had requeated that the Board meet with the City Council at it• informal
... ting on October 23rd.
Th• Mayor relld a resolution drifted by the Deputy City Attorney diacharg-
ing the member• of the Citizen• Conaittee for the Metropolitan Sale• Tax of
the City of Bn9l.wood •• followaa
RISOLUTION
nsaw, the Citizen• Coalllittee for the Metropolitan Sal•• Tax of the
City of Sngl.wood waa formed for the purpoae of aupportinq the Metropolitan
I11prov-•ta Diatrict, and
MB8RBAS, aaid Coalllitt•• worked many long and tediou• hours in performing
the function which they ••t out to do, and
1fRSRSAB, the ••id Coamitt•• waa very effective in educating the public
in rec)ard to the .. tropolitan ••le• tax, and
WBIRBAS, the City Council of the City of Bnglewood feel• aaid Coaaittee
performed a needed public aervice,
aow, TBBR.roR&, BB IT RBSOLVBD that the City Council of the City of
Sn9le'wood go on record aa cOUDendinq said Citizen• Coaaitt .. for the .. tro-
politan aalea tax, all of ita off ic•r• and members for th• great public
service Which th9Y performed prior to the creation of the Metropolitan
capital I111prov ... nta Diatrict.
Adopted and approved thia 16th day of October, A.D. 1961
AftBST1
OOUllCIIA!UI M'" MOVBD, OOUllCIIICAll WOODS SBCOllDBD, THAT TBB RBSOLUTIOlf
.. APPROVBD AllD ADOPTBD, A COPY TBBRBOP MAILED TO BACH MBMBBR OP '1'BB CQIMI•n-a-.
Upon the call of th• roll, the vote reaulted aa followa1
Ayea1 Councilmen Braun, Brownewell, Mile•, Wood•, Kreiling.
••y•a !lone.
Absents Councilmen Martin, McLellan.
'l'h• Mayor declared the motion carried.
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Minute• of October 16, 1961
ADJOURN
COU.CIUIAll 8ltAUll llOVBD I COUBCIIMll WOODS SBCOBDBD I '1'11AT '1'BB llBB'l'IBG aa AD-JOUJUISD. Upon the call of the roll, th• vote reaulted aa followa:
Ayeas Councilmen Braun, Brownewell, Milea, Wood•, Kreiling.
•ayas llone.
Abaents Councilmen Martin, McLellan.
The Mayor declared th• meeting adjourned at 12:14 A.M., 'l'ueaday, October 17,
1961.
/•/ B. o. Beauaang, City Clerk
Clark of the Council
'!'be ainut•• of th• meeting of the City Council of the City of
Sngl....ood, Colorado, held on the 16th day of October, 1961 A.D., atand
approved a• written thi• 6th day of November, 1961 A.D.
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