HomeMy WebLinkAbout1959-10-19 (Regular) Meeting MinutesI
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lmGULA& DSTIE:
COUltC IL C llAlllma&
CITY °' SJIGLSWOOD, COLORADO
OCTOBSa 19, 1959
Tbe City Council of tbe City of Snglewood, County of Arapahoe; Colorado,
.. t in repalar ... •ion on llonda1, October 19, 1959, in the Council Cbaaber•,
City Ball, Sn1lewood at tbe bour of 8:00 P.M.
Councilman Wood8 pr••idin1, .. Teaporary Cbair ... n, called tbe .. eting
to order and tbe invocation W&8 1iven by the Reverend Allen B. Strong of tbe
Pirat Pre•byterian Cburcb.
Tbe T .. porary Chairman &8ked for roll call. Upon the call of tbe roll,
the followin1 peraona were pr .. ent:
Council .. n: Brownewell, Grabaa, Rill, Kreiling, llartin, Woode.
Al•o Pr•••nt: City MaD&pr ludd,
City Attorney .. cb,
City Clerk Beau•an1.
Abeent: Council .. n Braun, llcLellan, Scott.
Tbe Teaporary Cbairaan declared a quoru• preaent.
DB8IG1'ATl<lf OP ACTING MAYOR
COUltCILllAK DSILING llORD, COO:EILllAN llABTIN SBCOJO>BD, THAT COUICILllAB
GMllAM • DaSIGliATSD TBS ACTllfG llAY•. Upon the call of the roll, tbe vote
r .. ulted .. follow•:
Ayea: Councilaen Brownewell, Hill, Kreiling, llartin, Woode.
May•: Mone.
Abetainin1: Councilaan Grabaa.
Ablent: Councilaen Braun, llcLellan, Scott.
Tbe Teaporary Cbairaan declared the aotion carried.
COUll::ILllAN llABTIN llOVBD, COUlfCILllAN HILL SBCOJO>BD, THAT TRI FOLLOllKG
USOLUTIOR BB ADOPTBD:
R B S 0 L U T I 0 N ----------
WRRRKAS, llayor Bdward S. Scott i• on vacation outside of tbe City of
Bn1lewood, and llayor Pro Tea N. L. llcLellan is confined to bis boae by illneas,
and neitber tbe said llayor or llayor Pro Te• is in attendance at the regular
... ting of tbe City Council of tbe City of Englewood; and,
WllBl&AS, a quoru• of the .. aber• of the City Council is present at said
... tin1 for tbe tranaaction of regular buainess to coae before said Council;
and,
WllBl&AS, it ia neceaaary tbat an Acting llayor be deaignated to preside
at said ... tin1 and to act a• llayor in the absence of the llayor and the llayor
Pro Tea:
NOi, TllSIU'ORB, BB IT USOLVBD by tbe Ci·ty Council of tbe City of
Bn1lewood, Colorado, this 19th day of October, 1959. that tbe llayor of tbe
City of Bnglewood i• abment fro• said .. etias by re&8on of r ~:ing absent fro•
tbe City, and tbat the llayor Pro Tea ia incapacitated, and that the office
of llayor i• teaporarily vacant a• a result thereof, and that Councilaan
Richard K. Grab&• shall be and hereby is deaignated by tbe City Council aa
Acting llayor until Bchrard S. Scott, llayor, shall have returned to tbe City
or N. L. llcLellan, llayor Pro Tea, shall be able to serve in bis stead.
Upon tbe call of the roll, the vote resulted as follows:
Ay .. : Councilaen Brownewell, Grabaa, Rill, Kreiling, llartin, Woods.
Maya: None.
Ablent: Councilaen Braun, llcLellan, Scott.
Tbe Teaporary Cbairaan declared tbe motion carried.
Actin1 llayor Grab&• ... u .. d the cbairmansbip and Teaporary Chairman
Wood8 aaauaed bi• aeat at the Council table.
Minute• of October 19 i 19&9
llBARllfG Olf APPLICATIOJI OP BSD'MTD USTAURAlfT l'OR LIQUOR LICBlfSB
COUllCILllAN WOODS MORD, COUllCILMAN HILL SBCOHDBD, THAT TllB PUBLIC
DA&li.i ON TD APPLICATIOlf Paa LIQUOR LIC&NSB BY THB BBBl'BATBa USTAURAlfT
88 OPSNm>. Upon tbe call of tbe roll, the vote resulted as follow•:
Ayes: Council .. n Brownewell, Bill, Kreiling, llartin, Woods, Grabaa.
Nays: None.
Abment: Council .. n Braun, llcLellan, Scott.
Tbe Actin1 llayor declared tbe motion carried.
Tbe Actin1 llayor atated that tbe Council would not set a tiae lillit
on tbe pr .. entation of infor11&tion by tboae favoring the issuance of tbe
licenae nor tboae oppoain1 the iaauance .but requested tbat eacb side be concise
in their preaentation and tbat every effort be made to avoid repetition of
t .. timony.
Mr. Richard Simon, Attorney for Mr. Harold l'inegold, Pre9•dent of Rear-
Pine1old, Inc., operator of tbe Beefeater Restaurant, reviewed that applica-
tion for tbe liquor licenae waa filed on Septeaber 21st with the City Clerk
and a check waa included witb tbe application at that time. Tbe Council
aet a date for tbe hearin1 to be on October 19th, this date. Be filed three
lettera of reference with tbe Council and informed the Council that a si1n
bad been posted in accordance with tbe State Law and presented a picture of
aaid poatin1. Be acknowled1ed that Hawthorne School ... Y be within 500 feet
of tbe property occupied by tbe Beefeater Restaurant, but tbat thi• point
bad not been clarified by tbe Supre .. Court and that be was preaentin1 in
evidence a plat ahowin1 502 feet fro• the door of tb~efeater Restaurant
to tbe property line of Hawthorne School building. Be stated that tbis dis-
tance fro• tbe acbool buildin1 wa• not too critical in tbe long run as tbe
School Board by reaolution bad acted to abandon tbia building on or before
June l, 1960.
Be diacuaaed the opinion by Mr. Banta who was City Attorney at that
ti .. wbicb set forth that a .. aaureaent in cases of this nature should be
.. de fro• tbe building to the school property line. Be reviewed tbat tbis
.. aaure .. nt could be aade directly fro• property line to property line or
alon1 tbe route which a person would need to take to pass fro• tbe school
aite to tbe propoaed liquor outlet. As the method of aeasure .. nt wa• not
clearly defined, be atated that this was a matter for the City Council to
decide upon.
lie preaented a petition representing the desires of the inhabitants
in tbe i ... diate vicinity carrying 113 signatures that the signers resided
within two or tbrH blocks of tbe propoaed outlet. Mr. Simon called Mr.
B. B. Dodie, of 798 Joilet Street wbo teatified that be bad circulated tbe
petition favorin1 tbe 1rantin1 of the liquor licenae fro• October 15th to
tbia date and that be bad obtained all signatures personally.
Mr. Simon aaked Mr. Harold Pine1old, 290 Saith Bl• Street, to infor•
tbe Council of bi• connection with tbe application. Mr. Pinegold stated
that be i• Pr .. ident of Rear-Pine1old, Inc. and principal stockholder of
tbe corporation. Tbe Beefeater ... taurant bas been servin1 food since
June, 1959 to approxi .. tely 700 peraona per day. Be stated that tbe res-
taurant baa aeatin1 capacity for 15& on tbe main floor in addition to tbe
baae .. nt banquet roo•. lie atated tbat approximately $275,000. was investll8Dt •
in tbe buildin1. lie atated that be wa• requesting the application for
liquor licenae at tbia ti .. due to the requests by bis dining customers
for liquor• witb their .. ala and tbat no liquor would be served in connec-
tion with tbe drive-in operation at the restaurant.
Mr. Simon aaked that Mr. Ray Luchri1, 2888 South Osden, express bis
opiniona on the application. Mr. Luchril atated that hi• office was appro-
xi11ately 200 feet fro• tbe Beefeater Reataurant add in bis opinion tbe
o .. ration of that reataurant baa areatly increased tbe value and develoO-
aent of the area. lie atated tbat be baa al-.o beard requests for tbe need
for tbe licenae in tbe particular reataurant. Be estiaated tbat tbe
neareat Hotel and ... taurant Liquor Licenae holders were approximately a
•ile eacb directio• of tbe Beefeater, na .. ly tbe Plantation in tbe 5000
block South Broadway and the llorae Car Bar, Jobn W'w, and Bar Barbor in
tbe center of town.
Mr. Simon concluded tbat tbe petition preaented to the Council indicated
tbe deaire• of tbe nei1bborbood and the fact that there was not a similar
licenae beld within approxi .. tely a aile of tbe site for wbicb tbe application
1• preaented, tbat tbe Council should approve tbe application for liquor
licenae aubaitted on behalf of the Beefeater Restaurant.
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Minutes of October 19, 1959
Tbe Actin1 llayor aaked if there was any opposition to the issuance of
tbi• licen•e.
llr. M. M. su ... r•, 3140 So•tb Delaware, stated that be opposed the
i••uance of tbi• liceD8e. lie stated that there are two reasons for bis
oppo•ition to grantin1 tbia application for liquor license:
1. Tbe people don't want the new liquor outlet and don't
n-d it; and
2. It is within 500 feet of a school.
lie pre•ented petitionm •itb •i1natures of 414 person• who reside
within a three block area of tbe proposed outlet. lie pre•ented a letter
fro• llr. Bishop •tatin1 that Hawthorne School bad not yet been abandoned
and that children were 19*in1 tau1bt in tbat school fro• kindergarten
through the fourth grade. He al•o preaented evidence whereby the legal
de8criptioD8 of the site of o tbe Beefeater Restaurant and of tbe Hawthorne
School were e•tablisbed. lie then presented a scaled drawing of the area
with .. a.ure .. nt• indicated fro• the restaurant property line to tbe school
property line •bowing a di•tance of 394 feet and fro• tbe restaurant building
to tbe school building of 438 f-t. He sumaarized by stating that in bis
opinion there wa. no que•tion with regard to tbe restaurant site being too
clo•e to the •cbool.
lie •tated that within one block north and soutb of the proposed site
are two Liquor Licen•ed Drug Stores which will fill tbe needs of the area
and de•ire• of the inhabitant•. lie discussed the general operation of tbe
re•taurant with the effect of 1ranting a liquor license to that restaurant
would be.
Reverend Louis R. Kerby of the Englewood Free Methodist Church, stated
that without que•tion the increase in consumption of liquor causes the great-
est difricultie• in aorals and in every other crime or evil occurrence.
Issuance of tbi• new liquor licen•e will cause difficulties in tbe entire
co .. unity. He stated that the Beefeater Re•t&amant is a beautiful restau-
rant but •bo~ld be liaited to that use.
llr. David Claytoh , 4170 South Acoma Street, stated that the owners of
property in bis block are a1ainst the outlet, they are not happy with the
pre•ent restaurant operation due to the noise and greatly increased traffic
proble .. present. Re also re8&rked that the younger people are patronizing
the re•taurant and that it is not wise to grant a liquor license for that
reaaon. lie •tated that be and bia neighbors were greatly concerned about
the effect upon tbe neigbborbood should the license be granted.
Reverend Sanford Qakea, Minister oi Cberrelyn First Baptist Church,
stated that be circulated one of the petitions filed against the granting
of tbis license. lie •poke that all of those circulating the petition against
the liceD8e were volunteers and did not receive any co•peasation for their
work. lie stated that be would like to take bis family to the Beefeater
Re•taurant for dinner but would not be able to do so were liquor sold. Be
e•pba.ized tbat .any other faailiea and individuals felt the same W&J yabout
liquor beln1 •old where they bad their meals out. Be presented a numerous
fisure relatin1 to alcobu!ia• in A11erica, snowing toe total dollars spent
for liquor per capita exc-d8 that spent for education. Be su1111&rized by
•tatin1 tbat alcohol i• not a food; it creates beat but does not repair
tia•ue•. Alcoholi•• i• now being accepted .. dically as a disease. lie
a.ked if tbe City now licen•e• per•ons to di•penme diseaae•. Be stated
tbat thi• application for liquor license was not nece•aary nos was the
grantin1 of tbi• liceD8e adwi•able for tbe good of tbe co1111Unity of
buaanlty.
llr•. Joe Salzer, 4140 South Acoma Street, reported that •be was being
di•turbed at night, due to tbe restaurant operation and sbe wondered what
the effect of tbe i••uance of the liquor license would be on this distur-
bance, certainly not an i•prove .. nt. She spoke also of certain unsanitary
conditioD8 upon tbe opening of the restaurant wbicb she stated bave since
been corrected.
llr. Carl B. Moeller, 34~ South Clark8on, stated tb•t the young
people are tbe nation'• chief a••eta and tbat tbey auat not be exposed
to undue te•ptation•.
Tbe Actin1 llayor a•IUtd if there were anyone el•e that wished to speak
in oppo•ition to granting of tbe license. There were none.
llinutes of October 19, 1959
llr. Richard SillOD spoke in support of tbe application, stating that
... ny point• were brought fortb which are not legal means for determining
the issuance of a liquor license. He dwelt upon tbe problem of a commercial
area developing where residences are still being used. He ref•rred to bis
aotber'• experiences with regard to an adjoining filling station. Be
su1111&rized by stating the question is whether the application qualifies and
if C'l't bere is a need for the outlet and if it meets the desires of the inhabi-
tants. lie expressed the opinion that this application did meet these re-
quireaents.
llr. SulUl8rs did not request further · ti11e to speak in opposition to
the license.
COUll:ILllAlf B&OWDWBLL llOVBD, COUlfCILllAN WOODS SBCONDBD, THAT TllB PUBLIC
DA&llfG OX TllB 188UAllCB OP TllB LIQUOR LICENSE POB TBB BBBPBATBR USTAURANT
BB CLOSED. Upon the call of the roll, the vote resulted as follows:
Ayes: Council .. n Brownewell, Hill, Kreiling, llart1n, Woods, Grabaa.
Kays: None.
At.ent: Council .. n Braun, llcLellan, Scott.
Tbe Acting llayor declared tbe aotion carried.
Tb• Acting llayor asked the City Attorney's opinion with regard to the
distance aeaaure .. nt between the proposed tavern and the school site. The
City Attorney stated that be bad read all cases on aeasure .. nt and found
that this question bas not been deterained by court. A decision bas been
rendered by the Attorney-General and by former City Attorney Banta. Be
stated that tbe for .. r City Attorney's opinion was that a 11&asureaent froa
the property line of the school to tbe entrance of tbe building under con-
sideration waa adequate and proper. In the case of the application before
the Council the applicant stat~· that this distance is 502 feet. Be adaitted
that this was a borderline case and that tbe Council sbould deterlline the
... tter.
Council ... n Kreiling inquired whether or not if a .. asurement along tbe
street and sidewalka between the proposed tavern and tbe school building
would not be 110re effective .. aaureaent as this would be the route that
anyone paasing between the two buildings would need to follow rather than
a direct line aeaaureaent. The City Attorney reelied that this measureaent
would naturally be aucb greater and generally tbe aeasurell8nts have been
made on a direct line fro• point to point. lie stated that be would tend
to agr .. with tbe foraer City Attorney's opin6on on these aatters.
Council ... n Woods stated that moat of the discussion presented by the
oppoaition related to the development of a commercial area separated only
by an alley fro• a residential area.
COUEILllAN WOODS llOVBD, COUNCILllAN KUILING SBCONDBD, THAT THI
APPLICATIOK POR LIQUOR LICBNSB SUBMITTED BY NBAR-FlllBGOLD, INC., POK TBB
BSU'Mnll USTAuaANT, LOCATED AT 4155 SOUTH BROlDllAY BB GRAJrnD AS THI
DAl<BIABLS &SQUIUllDTS OP TllB DIGllBORHOOD ABB NOT PRBSDTLY BBING llBT
Alfi> TD DUIUS OP TllB INBABITARTS AS EVIDENCBD BY PBTITIORS PILED DD llf
SUPPORT OP THIS APPLICATION.
Council.an Bill stated that be would vote against the 110tion due to
the iact tbe propoaed site •or liquor license was too close to the school.
Tb• Acting llayor stated that this question would not be interpreted other
tban through the Supra .. Court but immediately tbe Attorney General'•
Office would review tbe requirements upon request of tbe Secretary ~f
State. lie stated that the action of the Council at this bearing may be
perfunctory in tb1• regard.
Council.an llartin aaked llr. Simon why the applicant did not wait un-
til after the school waa abandoned. llr. Simon replied that the continued
de.ands ... de upon llr. Pinegold by bis partons cuased him to feel that
liquor should be offered prior to the abandondment of tbe school and be
waa, therefore, encouraged to aake this application at this time.
Tbe Acting llayor aaked if the Council were ready for the question.
Upon the call of the roll, the vote resulted as follows:
Ayes: Council .. n Brownewell, Kreiling, llartin, Woods, Grabaa.
lfays: Councilaan Hill.
At.ent: Councilaen Braun, llcLellan, Scott.
Tb• Acting llayor declared the 110tion carried 5 to 1.
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Minutes of October 19, 1959
llr. llr. su .. er• asked if the Council would treat the application as normally
done rather than allowin1 any effort to rush tbe subaission to the State
Bouae before tbe detail• in this case could be explained. Tbe Acting llayor
replied that there was no intent to expedite tbe application for this licenae.
DllCUSSION OP PROPOSBD PAVIRG OF BAST GIRARD AVBRUB UST C1I IOUTB
LOGAN STRBBT
llr. Carl Moeller •tated that be bad talked to the City llanager relating
to pavin1 Girard Street east of South Logan with resard to the possibility
of the City Council orderin1 aucb paving done" wbicb would expedite this
iaprove .. nt and would not require the circulating of a petition alon1 Girard
and 300 foot north and south of that street. Re pre•ented pictur .. •bowin1
the condition of Girard Street to the Council for their review and discussed
the amount of traffic travelin1 on that street.
Tbe City 11&na1er •tated that be was sympathetic towaad llr. lloeller's
plea but revi..ed that Girard Street i• not an arterial but residential
•treet. Be reaarked that petitions for tbe iaprove .. nt of this •treet are
nece•aary and maat require the 11&jority of tbe owners benefited or assessed
for the iaprove .. nt. In the pa•t the Council has not ordered the paving
of reaidential street• except where a petition bad been 'filed which for
one reason or another did not coapletely meet tbe require .. nt• of the 11&jority
but would coaplete a pavin1 area or a 1•1ical step toward the pavin1 of a
particular street. lie re11arked that tbe Council would probably continue
to reatrict such order• to arterial streets.
Tbe Actin1 llayor pointed out further that tbe City Council is not
bound to accept all petition• filed for •treet iaprove .. nts for inclusion
in any particular •treet iaprove .. nt district. Tbe City llana1er stated
tbat uaually they have accepted thoae preaented but tbe Council could
exerciae its diacretion. lie al•o infor .. d llr. Moeller that tbe dead-line
for petition for •treet iaproveaent conditions i• Roveaber 18tb.
RBCBSS
Tbe Actin1 llayor called a recess of the Council until 10:15 P.M.
CALL TO ORDBR
Tbe Actin1 llayor called the Council to order with the following meabers
preaent:
Councilaen Brownewell, Graham, Hill, Kreiling, Martin, Woods.
Absent: Councilaen Braun, McLellan, Scott.
Tbe Acting llayor declared a quorum present.
CITY &TTOIUfBY'S OPINION AS TO ASSBSSllBNTS POR STRBBT PAVING ALONG
DBNVBR CITY DITCH RIGHT-OP-WAY
Tbe City Attorney auaaarized a detailed legal opinion on tbe matter of
aaaeaain1 tbe Denver City Ditch and/or property outside of the City lillits
for atreet iaproveaenta written to the City Manager. lie atated that the
1•neral opinion was that tbe property benefited can be adjoining, abutting,
or adjacent to tbe iaprove .. nt. Tbe law generally accepts property outside
of a city althou1b tbe property of another city could be aaaeaaed.· Tb•
aaaeaa .. nt muat be baaed upon a proportionate benefit, therefore, in case
of tbe aa•e•ain1 of Denver City Ditch be stated tllat tbe Denver City Ditch
can be aa•••••d on tbe baai• of benefit but is questionable as to whether
the ditch occupi•• an eaae .. nt or land owned by the ditch coapany. lie re-
aarked that tbe property beyond the ditch could be aaseaaed but the matter
of benefit -..at be clterained and this is a 11&tter of fact. Further tbe
property out•ide of tbe City cannot be a••e•sed for an iaprova .. nt within
the City. Diacuaaion ensued. Tbe City Attorney elaborated further tbat
tbe Den••r Water Board c1o .. not bold title to tbe Denver City Ditch in
ita own aa... Denver Official• are not certain of ownership or eaae .. nt
in the case of tbe area joinin1 South llaripoaa Drive in tbe 4600 and 4700
blocka. Tb• Actin1 llayor preaented tbe furtber le1al question that the
ditch ri1bt-of-way 11&y not have been platted at tbe ti .. tbe adjoinin1 land
waa platted with tbe ownerabip going back to the original land grant or
ho .. ateadera. lie •u11e•ted that tbe City should investigate tbe tax •tatua
of tbe land wbicb 11&y 11ake po•aible tax deed by the City in return for pay-
.. nt of tboae back taxea, if any.
Councilll&D Wooda inquired if tbe City ahou~d not participate in the
pavin1 and not in tbe vertical curb and gutter as planned for tbe weat side
of llaripoaa Drive. Diacuaaion ensued. llr. Winters, 4700 South llaripoaa
Drive, atated tbat Denver baa access and use of tbe street daily for ditch
Minut .. of October 19, 1959
purpoa .. and that the City reservoir on the opposite side of the ditch
would alao benefit. Tbe City Attorney replied that each property auat be
aaa .. aed accordin1 to its benefit and the degree of benefit auat be deter-
ained in each caae. Diacuaaion enaued.
Tbe Actin1 llayor inquired if the City would pay for tbe City land at
tbe r .. ervoir aite aa bein1 benefited by the street iaprove .. nt on South
llaripoaa Drive, would tbe balance of the owners pay the full charge as
tbe balance of tbe area on the west of South llaripoaa Drive i• outside
of the city liaita? Diacuaaion ensued. lie stated that tbe petition ma.y
not be filed with the Council if a cost greater than one half of the total
project would be &a•••••d against the owners on the ea.at aide of Mariposa
Drive. Jira. Wintera aaked if Denver Could be requested to install curb
and gutter at it• expenae alon1 the City Ditch, then the monie• wbicb the
City bad planned on payin1 for this curb and gutter installation could be
applied a1ainat the paving. Discussion ensued.
COUll::ILllAR WOCl>S MOVBD, COUNCILllAM HILL SBCONDBD, THAT TBB CITY
llADGD U IKITRUCnD TO IKQUIU OF THB CITY OF DBNVD IF IT WOULD APPROVB
TD ITaaft IllPllORDBT OP SOUTH llARIPOSA ·DRIVB AND PARTICIPATE IR TBB
ASlmSBllSlft' TBSaSPOll. Council11&n Brownewell objected to ·tbe motion in that
it at1bt cuaae bard f-linp between the City of Denver and Bn1lewood
whereby upon abandon .. nt of the Denver City Ditch the City of Bn1lewood
would not be conaidered aa tbe recipient. Councilaan llartin stated that
be could aee no bar• in the request. Tbe Acting llayor slated that tbe
City auat wherever possible liait its funds in any area so tbat it will
bave aufficient funda to participate in similar costs tbrou1bout tbe town.
Upon the call of tbe roll, the vote resulted as follows:
Ayea: Councilaen Hill, Kreiling, Martin, Woods, Grabaa.
Maya: Councilaan Brownewell.
Ab9ent: Council .. n Braun, McLellan, Scott.
Tbe Actin1 llayor declared the motion carried.
PR<X:BBDIKGS .OP CITY PLANKING AND ZONING COllllISSIOll DBTilfG OP
OCTOBBR 8, 1959
Tbe City llanager stated that this was for information only and asked
that it be filed.
PR<X:BBDINGS OP WATBR AND SDBR BOARD llBBTIMG OF OCTOBER 7TH
Water Bond Proposal
Tbe City Clerk read the following recommendation fro• the Englewood
Water and Sewer Board in full:
"Tbat the propoaal, as revised, presented by Mr. Walter F. laboff,
and Mr. Barnie K. Breeden, Jr., representing the combined fir ..
of Cou1blin and Coapany, Inc., Peters, Writer• Christensen, Inc.,
Boawortb, Sullivan •Co. and Boettcher and Coai.ny, be accepted,
and ne1otiation• aade for proper feasibility report, as required."
Tbe City llana1er requeated this recommendation not be passed until
the itea dealin1 with tbe bond house proposal later on the agenda was
conaidered.
Inclusion of Property in District•
Tbe City Clerk read the following recoa11endation fro• the Bnglewood
Water and Sewer Board:
"That tbe followin1 deacrilled land be allowed to annex to the
Valley Water Diatrict and the Valley Sanitation District, by
Supple .. ntal A1ree .. nta, with no additional sewer taps be-
yond tboae preaently authorized being allowed:
Tbe Northerly 385 f-t of the following described tract:
Be1innin1 at tbe Northwest corner, Section 17, Township 5,
South, 1&n1e 68 West of the 6th P.M.; thence South 88°55'
Saat 358.10 f-t along the North Boundary of Section 17 to
tbe Weaterly Right-of-Way line (aban~ned) of the Colorado
and Southern Railway; thence South 19 10'30" West 1178.19
feet alon1 tbe •aid Weaterly Right-of-way line (Abandoned)
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Minutes of October 19, 1959
of the Colorado and Southern Railway; thence North 1°29'30"
Baat, 1120.05 feet alon1 the West Boundary of Section 17 to
the Point of be1innin1, except the North 40 feet thereof,
all in tbe llorthweat Quarter of the Northweat Quarter of
aaid Section 17, Arapahoe County, Colorado."
COUJEILllAJf BILL llOVD, COUlfCILllAN BBOINBWKLL sacomD, THAT TBB U-
CCWMl:WTIOlf OF TBI WATS& AID SDBR BOARD BB ACCD'Tm>. Upon the call of
tbe roll, tbe Yote reaulted aa follows:
Ay .. : Counc11 .. n Brownewell, Grahaa, Hill, Kreilins, llartin, Wooda.
Kaya: Rone.
At.ent: Council .. n Braun, llcLellan, Scott.
Tbe Actin1 llayor declared the aotion carried.
O..i1nation of aepreaentative to Ditch Coapaniea
Tbe City Clerk read the following reco ... ndation froa the Bn1lewood
Water and Sewer Board:
"Tbat llr. Harold B. Babcock, Utilities Director, be deai1nated
to repreaent the City of Bn1lewood at the annual .. etin1 of the
llcBroo• Ditch Coapany, to be held at 7:30 P.M., lfovellber 2, 1959,
in tbe office of the Colorado Central Power Coapany, Bn1lewood,
Colorado."
"Tbat llr. Harold B. Babcock, Utilities Director, be deai1nated
to repreaent the City of Bnglewood at tbe annual .. etin1 of the
Kevada Ditch Holding Coapany, to be held at 2:00 P.11., Noveaber
2, 1959, at Littleton, Colorado."
COUEILllAK BllOlflfDBLL MOYBD, COUNCILMAN llABTIN SBCOimBD, THAT TllB
IUCmlDIDATIOJf OP TllB WATBB AllD SDBB BOARD BB ACCBPTBD. Upon the call
of tbe roll, the vote resulted aa follows:
Ayea: Councilmen Brownewell, Graham, Hill, Kreiling, llartin, Wood&.
lfaya: Rone.
At.ent: Council .. n Braun, McLellan, Scott.
Tbe Actins llayor declared the motion carried.
Concernin1 Additional Water Bond Isauea
Tbe City Clerk read the following recoaaendation fro• the Englewood
Water and Sewer Board:
"Tbat City Council give serious consideration i .. diately to the
procedure• for the issuance of additional water bonda."
Tbe City 11&na1er explained that this reco ... ndation waa in anticipa-
tion of tbe Capital l•proveaents outlined in tbe Water Buctcet of the 1960
Buclset. lie •u11eated that the Water and Sewer Board be directed to deter-
aine tbe aaount of the Bond isaue they wished to have the Council authorize
and other te1"118 of the proposed additional financin1.
Councilaan Kreilin1 reported to the Council that the Water and Sewer
Board bad located the aite for the raw water stora1• reaervoir in Dad
Clark Gulcb. lie atated that the Water and Sewer Board have aecured 90 day
option• on tbe land nece88ary and these optiona expire on or about the lat
of February. lie atated that the additional revenue bonda are neceaaary to
eaerci .. tbe optiona at that tiae.
COUJEILllAlf BltOllfDKLL llOYBD, COUlfCILllAlf llA&TIR UCOllDD, THAT TBB
WATD AllD ms& BOAllD BAVB AK 08DllfAlfCB PBDAUD TO AUTIKJRID IllUAlfCB
OP WATD 80IDI 11' TRI AllOOlfT IT DDllS KBCBllA&Y TO PIDEB TRI A1'TICIPATBD
CAPITAL lllPSOVKMIJfT8 OP THAT UTILITY. Upon the call of the roll, the vote
reaulted aa follow•:
Ay .. : Council .. n Brownewell, Grahaa, Bill, Kreilin1, llartin, Wooda.
Kaya: Kone.
At.ent: Council .. n Braun, llcLellan, Scott.
Tbe Actin1 llayor declared the aotion carried.
Minute• of October 19, 1959
Concerning Sewer Treatment Charges
Tbe City Clerk read the following recommendation fro• the Bn1lewood
Water and Sewer Board:
"That Ordinance No. 3, Series of 1954, as amended, as •oon as
po••ible, to provide for a change of sewage treataent rate• and
cbar1e• by re•olution of tbe City Council."
Tbe City Kana1er reviewed that the Council may presently reviae the
water rate• by re•olution. Tbe recoamendation of tbe Bn1lewood Water and
Sewer Board under coaaideration would allow similar action in case of sewer
rate•.
COUJEILllAK WOODS KOVBD, CootfCILllAN HILL SBCOlfDBD, THAT TBB CITY ATTOldlBY
BS DIRETSD TO DRUT AR ORDlllAICB IR LIRB WITH TBS UCOMlllDATIOll OP TBB
SllGLSWOOD WATSR AD a.wsa aolRD. Upon the call of the roll, the vote resulted
u follOW8:
Ay .. : Councilaen Brownewell, Grahaa, Hill, Kreiling, llartin, Wood&.
Ray•: Rone.
Ablent: Councilaen Braun, llcLellan, Scott.
Tbe Actin1 Mayor declared the 11e>tion carried.
BORD HOUIS PROPOSAL POR ISSUAlfCB OP SDBR UVDUB BODS
Tbe City Kana1er referred to the recoaaendation of the Bnglewood
Water and Sewer Board relatin1 to the propo•al for furniabin1 to the City
all neceaaary le1al proceedin1• for said bond i••ue, the printed bonda,
for the purcbaae of that i••ue at a rate autually a1reeable to tbe City and
tbe bond coapani .. , and that a feasibility report waa reco119ended. Thia
propoaal W&8 •ubllitted by Cou1blin .. and Coapany, Inc., Petera, Writer and
Cbri•tenaen, Inc., Bo•wortb, Sullivan and Coapany, and Boettcher and Coapany.
Councilll&D Kreilin1 que•tioned tbe rate for the above aervicea of
$19.00 per $1,000.00 bond& i•aued as being exeaaive. llr. Wal•er laboff of
Cou1blin and Coapany wu pl'98ent 0and answered the queation by atatin1 that
the pre•ent rate b*ing paid on the various pavin1 diatricta i• $25.00 per
$1,000.00 bond i•aued and be felt that this char1e was not out of line.
Diacuaaion enaued. llr. laboff then informed the Council that in case of
l'ederal Grant on th••• varioua projects that the coat• of financing the
aa .. i• eligible for ~ participation by the Federal Governaent.
COUJEILllAX aaormm.i. KOVBD, COUICILllAN llA&TIN SBCONDD, THAT TBS
RE<lllllllDATIClf OF Tiii WATD AD snn B~ID BB ACCBPTBD WBSUBY TD PROPOSAL
f:I TBS CQUGBLIK AJfD COMPANY, llC. , BT. AL. BB APP&OYD AD THAT Tiii ACTIBG
llAYCJa AllD CITY CU&K U AUTllORIZBD TO BXBCUTB SAID PROPOSAL ON BBllALP OP
TBS CITY. Upon tbe call of the roll, tbe vote reaulted aa follow•:
Ayea: Counc11 .. n Brownewell, Grahaa, Hill, Kreiling, llartin, Woocla.
Rap: Rone.
Ablent: Council .. a Braun, llcLellan, Scott.
Tbe Acting Mayor declared the 110tion carried.
PROPOSAL POR FBASIBILITY REPORT
Tbe City llanager read a proposal fro• Dale B. Rea, Con•ultin1 Bngineer,
2200 w .. t Chenan10 Street, Littleton, to prepare a feaaibility report on
tbe eapanaion of tbe Bn1lewood Sewage Plant. Be stated that the total cost
of tbia report would be $380.00 and recoa .. nded that the offer be accepted.
COUJl:ILllAX BILL KOVBD, COUICILllAll WOODS SBCOlfDBD, THAT Tiii PROPOSAL
Pm TBS FSAllBILITY UPORT BY DALE B. REA BB ACCDTBD AD TD llAYOB AD
CITY CLl&K a AUTBORIUD TO SIGN Clf BBBALI' OP TBS CITY. Upon the call of
tbe roll, tbe vote reaulted a• follows:
Aye•: Council .. n Brownewell, Grabaa, Hill, Kreiling, Martin, Wood&.
Kay•: None.
Ablent: Counc11 .. a Braun, llcLellan, Scott.
Tbe Acting Mayor declared the motion carried.
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Minutes of October 19, 1959
OPl'S& OP PDDAL GllAJfT TO AID IN CONSTRUCTION OP SDAGB DISPOSAL
PLANT BXPANSION
Tb• City llana1er read excerpts fro• a letter which authorized tbe offer
of a Federal Grant to tbe City of Bnglewood in tbe aaount of $179,977.05 ot
tbe date of October 12, 1959. Tbe City llana1er infor .. d tbe Council tb&t a.a
tbe aaount of tbe 1rant waa le•• tban originally requeated that a new reao-
lution and application would need to be coapleted and filed with tbe Depart .. nt
of Bealtb, aducation and Welfare. Discussion ensued.
Tbe City Clerk read tbe following resolution in full:
R B S 0 L U T I 0 N
Wlll8JIAS, tbe Depart .. nt of Health, Education and Welfare of tbe United
Stat .. of A .. rica baa .. de an offer of a Federal grant in tbe aaount of
$179,977.05 under date of October 12, 1959, to aid in conatruction of a
Sewa1• Diapoaal Plant extenaion, in pursuance of tbe application of tbe City
of Inglewood, Colorado, dated February 20, 1959; and
Wlll8•AS, tbe teraa and conditions of aucb offer are acceptable and
agr .. able to tbe City of Bn1lewood, Colorado;
ROI Tlll&SFOllS, Bl IT RBSOLVID by tbe City Council of tbe City of Bn1lewood,
Colorado, tbia 19th day of October, 1959, that tbe llayor be and be ia hereby
authorized and directed, on bebalf of tbe City, to execute Depart .. nt of
Bealtb, Sclucation, and Welfare foraa PHB-2690-1 and Pllll-2690-2 in acceptance
of tbe offer of $179,977.05 and upon tbe condition• iapoaed in aaid docu .. nts.
/s/ Ricbard N. Grabaa
Acting ll&yor
CCJUJl::ILllAJI W<XDS llOVBD, COUlfCILllAN llARTIN S.COimD, THAT TBB RUOLU-
•ICll Bl ADOPTD. Upon tbe call of tbe roll, tbe vote reaulted as follow•:
Ayea: Councilmen Brownewell, Graham, Hill, Kreiling, llartin, Wooda.
lfaya: lfone.
Abment: Councilaen Braun, llcLellan, Scott.
Tbe Acting Mayor declared the motion carried.
UGARDIMG llOTICB TO OCCUPANTS TO SBWBR DISPOSAL PLAlfT LAimS TO VACATS
Tbe City Manager aaked that the City Attorney be directed to give notice
to tbe occupant• of tbe land at the Sewer Disposal Plant site.
COUllCILllAlf llAllTllf llOVBD, COUlfCILllAlf KIUULillG SBCOllDD, THAT TBB CITY
ATJ:'081mY Bl AUTBOalUD TO GIVB 60 DAY lfOTICB TO Tiii CLAPP BROTlllB8, OCCUPAlfTS
OP THI snsa DISPOSAL PLAMT SITB LARD AS PIR AGBBlllBMT. Ur>On tbe call of
tbe :foll, tbe vote resulted aa follows:
Ayea: Councilmen Brownewell, Grabaa, Bill, Krei~ing, llartin, Wooda.
••1•: None.
Ab9ent: Councilaen Braun, llcLellan, Scott.
Tbe Actin1 Mayor declared tbe aotioa carried.
A BILL
Introduced aa a Bill by Councilman Kreiling.
Pm All OUllWEI P&OYIDING FOR TD FIXING BY TBB CITY COOlfCIL OP TD CITY OP
••HMOOD, COl.OIW>O, BY USOLUTION' OP BATIS AND CllUGD POil THI nanmrr
AllD DISPOSAL OP SARITAllY SDAa AT TBB DGLDOOD SDAGE TBSATllBlft' PLAIT;
PllOVIDIE PCJa PSllALTIU FOR FAILURB TO PAY SDAGK 'l'IUIATllSllT BILLS; AD U-
PSALl.0 UCTIO• 1 OP OllDIMJl::I 10. 3, 818118 OP 1954, Alm ALL OTDa 08Dl1'AEU
AllD PAaTll OP ORDlllAJl::IS IR COlfl'LICT lllBDITR.
Bl IT omMIDD BY TD CITY COUNCIL OP TBB CITY OF BlfGLDOOD, COLOaADO:
Section 1. Section l of Ordinance No. 3, Series of 1954, is hereby re-
pealed, effecti.e •anaaey s ~~e llll ~ and the following new Section 1, effective
on tbe aa .. date, i• hereby •ubetituted therefor:
(.
Minut .. of October 19, 1959
"Section 1. The rate• and charges for the treat .. nt and
dlapoaal of aanitary sewage at the Englewood Sewage Treat .. nt
Plant aball be deterained by reaolution of the City Council
fro• ti .. to ti .. , auch resolution to be publiabed in the
official newapaper of the City once each week for two auc-
ceaaive w .. ka prior to the effective date of said rate• and
chars••·"
Section 2. Wben the pre•i•e• to which aucb sanitary aewase aervice i•
providid are within the li•it• of the City of Bn1lewood, failure to pay tbe
rate• and cbar1 .. for treat .. nt and disposal of sanitary aewase wben due
aball be cauae for diacontinuance of water service, aucb water aervice to
be abut off until tbe bill for treatment and diapoaal of sanitary aewa1e
•ball bave been paid.
Section 3. Wben tbe pr••i•e• to which aucb ••9vice i• provided are
located wltbOut tbe liaita of the City of Bnglewood, failure to pay tbe
rate• and cbar1 .. for treat .. nt and dispoaal of sanitary aewase when due
•ball be cauae for the City Clerk to certify to tbe County Co.U.aaioner•
of tbe county in wbicb aaid delinquent user'• property i• located tbe
cbar1 .. due and unpaid for, on or before Moveaber lat of eacb year, and
thereupon until paid tbe aa .. aball be a lien upon tbe real property ao
aerYed bJ aaid ... erase ayate•, and aball be levied, certified received,
or collected bJ aale annually fro• year to year by tbe proper county
officiala aa are county tax .. , and the proceeda tberefro• remitted to tbe
CitJ of SD1lewood; provided tbat, if tbe preai•e• are aupplied witb _
Snslewood water aervicea, auch aervice .. Y be abut off until tbe bill for
treat .. nt and diapoaal of sanitary sewage shall bave been paid.
Section 4. All ordinances and parts of ordinanc .. in conflict bere-
wi tb are bere61 repealed.
Paaaed on Pirat a.ading by the City Council of tbe City of Bn1lewood,
Colorado, tbi• 19th day of October, A.D. 1959, and ordered publiabed in
full in tbe Bn1lewood Herald and Bnterpriae.
Acting ll&yor
waa read for tbe firat
COU1'CILllA1f mILIJfG llOVBD, COUICILllAN BROWMDBLL SEOlO>BD, THAT THI
BILL BB ACC&P'f&D A1fD PA88BD OR FIRST UADIMG AMD OBD•Rm> PUBLISBBD llf FULL
I• Tiii mtCH.mr<XI> lmRALD ARD BlfTBllPRISB. Upon tbe call of tbe roll, tbe
vote reaulted aa follow•:
Ayea: Council .. n Brownewell, Grabaa, Hill, Kreiling, llartin, Wooda.
Maya: Rone.
Absent: Council .. n Braun, llcLellan, Scott.
Tbe Actin1 Mayor declared the motion carried.
A BILL
Introduced aa a Bill by Councilman Hill.
Poa Alf ORDlllAEB POR THI CRBATIOM OF A SPECIAL Ft1lO> TO BJ: DOIR AS THI
"I~ PULIMIKABY PUMD" FOR THB PURPOSE OP DBPRAYIRG TRI ADlllKl·S-
TUTIVB A1fD DGllfBDIJfG COSTS OF IllPROVEllBMT DISTRICTS PRIOR TO LBGAL
POallATIOR OP SUCH DISTRICT.
BB IT OllDAilfBD BY THE CITY COUMCIL OF THB CITY OP BJfGLBWOOD, COLOllADO:
Section l. There i• beeeby created a fund to be known as the "laprove-
.. Dta Priilillnary Pund: for the purpose of defraying tbe ad•inistrative
aad ea11n .. rins coat• of iaprove .. nt district prior to legal formation of
aucb diatricta. Said fund aball be initially established with tbe tranafer
of General Fund money• .. neceaaary to aeet authorized expenditure• fro•
tbe Iapro•e .. nta Preli•inary Fund. Expenses incurred by tbe City of
BD1lewood preli•inary to creation of iaprovements district shall be paid
fro• aaid laprove .. nta Preliainary Fund until the particular district is
.. tabliabed by ordinance and financing provided for said district. Upon
creation of the iaprove .. nt diatrict, the preliminary expenses paid on
behalf of tbat diatrict aball be recompensed to the Iaprovements Preli•inary
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Minutes of October 19, 1959
Pund. 1fben tbe Iaprove.ent• Preliminary Fund shall be no lon1er neces-
aarJ, tbe residual balance therein shall be returned to the General Fund
of tbe City and tb• particular fund abolished by an ordinance. Tbe
lmprov ... nta Preliainary Pund aball also be eligible to receive any other
.., ... ,. _. tbe CCty Council -Y :Zrom time to ti-direct by reaolution.
lection 2. Tbis ordinance aball be and beco .. effective as of
Jaauar1 1, illO. ·
Paased on Pirst leadiDI by the City Council of the City of BD1lewood,
Colorado, tbls l9tb day of October A.D. 1959, and ordered publiabed in full
1D tbe SD1lewood Herald and _Bnterprise.
Acting llayor
was read for tb•
COUIK:ILllAR HILL llOVKD, COU1'CILllAN B80INBWBLL SBCODD, THAT TD BILL
U ACC&P'llD AID PAIUD OR PIUT BBADING ARD OBDBUD PUBLISDD IM l'ULL I• THI ..iLSW()(I) BSaALD ARD BMTKRP8ISB. Upon the call of the roll, the vote
resulted as follows:
A1 .. : Council.en Browneweli, Graham, Hill, Kreiling, Martin, Woods.
11&1•: Rone.
Absent: Council-n Braun, McLellan, Scott.
Tbe Actin1 llayor declared the 90tion carried.
A BILL
Introduced as a Bill by Councilman Bill.
P<a AR caDI1'ARCB AllBlfDIMG ARTICLE IV, "ZONE DISTRICTS," OP oaDIMIEB RO. 45,
U&IU OP 1955, AS AllBMDBD ," TO CO!fFORll T11B SBCTIOM 118ADDGS 01' SAID ABTICLB
TO THI AllDDMS1'TS llB&BTOPORB ADOPTBD.
M IT ORDAINBD BY THB CITY COUMCIL 01' THB CITY 01' BMGLDOOD, COL08&DO~·
Section 1. In order to conf•rm tbe section beadin1• of Article IV,
"Zone District•," of Ordinance Mo. 45, Series of 1955, as A.ended, to tbe
a .. ndments of aaid article heretofore adopted, the section beadings of
said Article IV are hereby redesignated as follows:
"Section l.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
8-1-A
R-1-B
8-1-C
8-1-D
R-2-A
R-2-B
R-3-A
R-3-B
C-1
C-2
11-1
11-2
p
BBSIDBMCB DISTRICT
aBSIDBMCB DISTRICT
8BSIDB1'CB DISTRICT
BBSIDBMCB DISTRICT
RBSIDBltCB DISTRICT
BBSIDB1'CB DISTRICT
llULTI-FAlllLY RB&IDBMTIAL DISTRICT
llULTl-FAllILY RBSIDBMTIAL DISTRICT
BUSIRBSS DISTRICT
BUSIRBSS DISTRICT
IMDVSTRIAL DISTRICT
IMDVSTRIAL DISTRICT
01'1'-STBBBT PA&KIMG DISTRICT."
Paased on First Readin1 by the City Council of the City of Englewood,
Colorado, tbi• 19th day of October, A.D. 1959, and ordered published in full
1D tb• &n1lewood Herald and Bnterprise.
Actln1 llayor
A11SST:
was read for the first
Minut .. of October 19, 1959
COUJCILllAJI BILL llOVBD, COUJl:ILllAN BBOWNDBLL SEOMDD, THAT TRI BILL
D ACC.rrD A1'D PASS&D OJI FIUT &KADING AND OBDDBD PUBLISllD IR FULL IB
TD SWCH·ftOOD m•r.n ARD BMTDPBISB. Upon tbe call of tbe roll, tbe vote
r .. ulted aa follow•:
AJ••: Council .. n Brownewell, Graham, Hill, Kreilin1, llartin, Wooda.
R&1•: lfoae.
At.eat: Council .. n Braun, McLellan, Scott.
Tbe Actlaaa 11&1or declared tbe 11e>tion carried.
A BILL
Introduced aa a Bill by Council ... n Hill.
roa Alf mDIRAE• AllDDIIG oaDIMAltCB NO. 45, SDIBS or 1955, AS ADllDD, TO
P&OYIM rCJa llAXlllUll BBIGBT OP BUILDIMGS IN BUSIHSS DISTalCTS, ARD llDULIMG
oaDillAll:• 1'0. 3, SDIKS or 1959, AND ALL arm 08DIMA1EU A1'I> PUTS OP 08Dl-
•AIED IR COULICT llDDITB.
ea IT ORDAIM&D BY TRI CITY COUNCIL OF THB CITY OF BllGLIWOOD, COLORADO:
Section 1. Subaection 3 of Section l01of Article IV of Ordinance Ko.
45, Seri .. of 1955, aa aaended, of tbe Ordinances of the City of Bn1lewoo4,
Colorado, i• hereby aaended to read as follows:
"3. llaxiaua Hei1ht of Buildin1s:
(l) 5 stories but not greater tban 60 feet.
(~) The bei1bt of buildin1s constructed in this zone 11&y
be increaaed beyond tbe aaximu• specified in subpara-
1raph (1) above by action of the City Council upon
conaideration of the Plannin1 co .. ission after a
public hearin1 and subject to tbe followin1 conditiona:
a. Public notice of said bearin1 shall be given as
apecified in Article I, Section 5, Subaection 62,
of the Zonin1 Ordinance.
b. in cun»idering Lhe app1ic~Lion, the Plannin1 Coa-
aiaaion ahall be 1uided by the followin1 considera-
tiona:
(a) The effect of tbe increased hei1bt on adjacent
property including tbe effect on ligbt, air
and ventilation.
(b) Availability and suitability of off-street
parkin1.
(c) Location of the structure with reference to
fire, health and safety factors.
(d) Other factors pertinent to the location of
the proposed structure.
c. The applicaat aust present written evidence fro•
the City Fire Department and Buildin1 Inapector
that the preliainary plans for tbe propoaed build-
in1 include adequate featums for fire protection
and public aafety. Sucb written evidence auat
include tbe approval of botb tbe Fire Chief and
tbe Buildin1 Inspector.
d. All expenaes occasioned by tbe application shall
be paid by tbe applicant includin1 econoaic
feaaibility studies or other plannin1 surveys
deeaed neceaaary by tbe Plannin1 Collllia•ion.
Sucb stud1ea 11&y be accoaplished by the City
Planning Staff or by qualified outaide or1ani-
za tions to be selected by tbe Plannin1 Collllission."
Section 2. Subeection 2 of Section 11 of Article IV of Ordinance Bo.
45, Berl .. of 1955, aa a .. nded, of tbe ordinance• of the City ofBn1lewood,
Colorado, i• herebJ aaended to read as follow•:
"2. llaximu• Bei1bt of Buildings:
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Minute• of October 19, 1959
'l) Pour etorie• but not greater than fifty feet.
(2) Tbe beisbt of buildinss conatructed in tbi• zone ... Y
be incre_.ed beyond tbe ... xiaua •pecif ied in •ubpara-
srapb (1) above by action of tbe City Plannins Colllli•-
eion after a public beariDI and •ubject to tbe followiDI
conditione~
a. Public notice of said beariDI eball be 1iven
a• •pecified in Article I, Section &, lub9ection
62 of tbe Zonin1 Ordinance.
b. In coneidering tbe application, the PlanniDI
co .. i•••on shall be guided by tbe followiDI con-
•idera tion•:
(a) The effect of tbe increa•ed bei1bt on
adjacent property includin1 tbe effect on
li1bt, air and ventilation.
(b) Availability and suitability of off-street
parking. .
(c) Location of the structure with reference
to fire, bealtb and safety factor•.
(d) Other factor• pertinent to tbe location
of tbe propo•ed structure.
c. Tbe applicant muet pre•ent written evidence fro•
the City Fire Depart .. nt and BuildiDI ln•pector
that the preliainary plane for the propoeed
buildin1 include adequate feature• for fire pro-
tection and public eafety. luch written evidence
au•t include tbe approval of botb the Fire Chief
and tbe Buildin1 In•pector.
d. All expene .. occa•ioned by the application •ball
be paid by the applicant includiDI econoaic ,
fe&11ibility •tudie• or other planniDI aurvey•
d .... d nece••ary by the Plannin1 Colllli••ion.
Sucb •tudie• ... Y be accoaplisbed by tbe City
Plannin1 •taf f or by qualified out•ide or1ani-
za tiona to be •elected by tbe Plannin1 Co .... •ion."
section 3. Ordinance Mo. 3, Series of .1959, and all ordinances and
part• of ordinance• in conflict herewith are hereby repealed.
Paaaed on First aeadin1 by the City Council of the City of BD1lewood,
Colorado, tbi• 19th day of October, A.D. 1959 and ordered publi•bed in full
in tbe &n1lewood Herald and lnterpriae.
Actln1 Mayor
wu read
COUEILllAlf BILL MOVBD, COUlfCILMAM DBILIMG SICOMD&D, THAT TBB BILL BB
ACC&P'l&D AD PAiia> OJI FIRST UADIRG AMD ORDBBID PUBLIIDD IM PULL IM TBB
.imLSWOQD BSaALD AMD &llTKRPRIIB. Upon the call of the roll, tbe vote re-
•ulted u follow•:
Aye•: Council .. n Brownewell, Graham, Hill, Kreilin1, Mal'tin, Woode.
1fa1•: 1fone.
Ament: CouncilMD Braun, -.CLellan, Scott.
Tb• ActiDI layor declared the 110tion carried.
A BILL
Introduced u a Bill by Councilman Martin.
A1f 08DIJL\JICB TO LSYY A CITY llBTAIL SALES AMD USB TAX lfITBIJI TBB CITY OP
SELDOOD, COLORADO.
U IT OllDAIDD BY THB CITY COUlfCIL OF THB CITY OP BJ19LDOOD, COLORADO:
Minut .. of October 19, 1959
Section 1. MAD OP TAX. Tbi• ordinance .. Y be known and cited aa
tbe clft UTllL SALIS Alfi) us• TAX ORDIKAMCB.
Section 2. WORDS AJO> PllllASKS DaPIMBD. When not clearly otberwiae
indicatid 6J tbe context, tbe followin1 worcla and pbraaea, aa used in
tbi• ordinance, aball have tbe followin1 .. anin1a:
2-1. Tb• tera "peraon" includes any individual, fira, copartnerabip,
joint aclYenture, co~poration, eatate or trust, or any 1roup or coabina-
tion acttn1 aa a unit, and tbe plur a l aa well as tbe sinsular nuaber.
2-2. Tbe tera ''City Clerk" •ball .. an the City Clerk of tbe City of
SD1lewood. Tbe tera ''City Treaaurer" •ball .. an tbe City Treaeurer of
tbe CitJ of Sn1lewood. Tbe tera "City llana1er" •ball Man tbe City llana1er
of tbe City of BD1lewood.
2-3. Tb• tera "•ale" or "Sale and purchase" include• inatall•nt
and credit aal .. , and tbe excban1e of property, aa well aa tbe aale thereof,
for llOD•J, and every aucb tranaaction, conditional or otberwiae, for a
conaideration conatitutin1 a aale, and alao include• tbe aale or furniab-
ina of electrical ener1y, 1••, telephone, or tele1rapb aervic .. taxable
hereunder. '
2-4. Tb• tera ''wboleaaler" •au a peraon clotq a resularly reco1-
nized wbol .. al• or Jobbin1 buaineaa, and known to tbe trade aa aucb, and
••llina to retail •rcbanta, jobber•, dealera, or otber wboleaalers, for
tbe purpo•• of reaale.
2-5. Tb• ter• ''wbol .. ale aale" Mana a sale by wboleaaler• to re-
tail .. rcbanta, Jobber•, dealer•, or other wholesale•• for reaale (and
doea not include a aalelby wboleaaler• to users or cuato•r• not for re-
aale, and aucb aal .. •ball be d••-d retail sales, and aubject to tbe
proviaiona of tbi• ordinance).
:i-8. Tbe tera "retailer" or "vendor" ... an• a peraon doin1 a retail
buain .. a, known to tbe trade and public aa aucb, and ••llin1 to tbe uaer
or conau•r, and not for r .. ale.
2-7. A "retail aale" include• any sale made within tbe City of
Snalewood escept a wbol .. al• aale.
2-8. Tbe tera ''City" •ball .. an tbe City of Bn1lewood.
2-9. Tb• tera 'taxpayer" aball .. an any person obligated to account
to the CitJ Treaaurer for tax•• collected or to be collected under tbe
ter1111 of tbi• ordinance.
2-10. Tbe tera "tax" •ana either the tax p&J&ble by the purcbaaer
of a coamodity or aervice aubject to tax or the a11re1ate &llOUDt of tas ..
due froa tb• vendor of auch coamodities or aervicea durin1 the period for
wbicb be 1• required to report bis collections, aa tbe text may require.
2-11. Tbe tera "tan1ible personal property" •ball Man corporeal
peraonal property. Tbi• aball not be construed to M&D nnapapera aa
1•1&lly defined by tbe 1953 Colorado Revised Statute•.
2-12. Tb• tera "purcbaae price" .. ana the price to tbe conau•r
excluaive of &DJ direct tax iapoaed by the federal IOV•rn .. nt or by tb•
State of Colorado or by thi• ordinance; and, in tbe caae of all retail
aal•• involvin1 tbe excban1• of property, alao excluaive of tbe fair
.. rket value of the property exchanged at the ti• and place of the ex-
cbana•; PltOVID.O, auch excban1•d property is to be aold thereafter in tbe
uaual cour•• of the retailer'• business.
2-13. Tb• ter• "1rou taxable sales" shall •an tbe total aaount
receiYed in money, credit•, property (excludin1 the fair ... rket value
of escban1•d property which i• to be sold tbereaf ter in the uaual courae
of tbe retailer'• buain•••) or other consideration valued in aoney for
the aal .. and purcba• .. at retail within the City, and eabraced within
the proviaiona of thi• ordinance;
2-13 (l) •. PllOYID.O, that the taxpayer may take credit in bis report
of 1ro•• aal.. for an amount equal to the sale price of property returned
by tbe purcbaaer when the full sale price thereof is refunded, either in
caab or by credit;
2-13 (2). And PROVIDED, FURTHBR, tbat the fair aarket value of any
escban1•d property which i• to be aold thereafter in the uaual course of
tbe retailer'• buain•••, if included in the full price of a new article,
•ball be excluded fro• tbe 1roas aalea;
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Minutes of October 19, 1959
2-13 (3). And PROVIDBD, l'URTBBR, that taxes paid OD the &llOUDt of sroa• •al .. which are repre•ented by account• not secured by conditional
.ale coatract or chattel 11e>rt1a1e and wbicb are found to be wortbl .. • and
are actuallJ and properly char1ed off aa bad debt• for tbe purpo8e of tbe
ineo11e tax illP08•d by the law• of tbe State of Colorado, .. J be credited
upoa a •ub9equent p&J .. Dt of the tax herein provided; but if &DJ •ucb
account• are thereafter collected by tbe taxpaJer, a tax •ball be paid
upon tbe a11e>unt8 ao collected. Such credit aball not be allowed with
r .. pect to any account or itea therein ariain1 fro• tbe •ale of &DJ article
uader conditional •ale contract whereby tbe seller ret&iD8 title .. ••-
curitJ for all or part of the purchase price or fro• tbe •ale of &DJ
article when tbe seller takes a chattel 1DOrtga1e on tbe article to aecure
all or part of tbe purchase price.
3-14. 1a1 .. to and purchases of tangible personal propertJ bJ a
peraon •ns•1•d in tbe buaineas of aanufacturin1, coapoundin1 for sale,
profit or u••, any article, aubetance, or co1U10dity, wbicb tan1ible
peraonal property enter• into the processin1 of or beco... an ingredient
or coaponent part of the product wbicb is manufactured, co•pounded or
furni•b•d or tbe container, label, or the furnished abippiDI case thereof,
•ball be d--d to be wholesale sale• and shall be d••-d to be e .xempt
fro11 taaation under tbi• ordinance.
2-15. Sal .. and purcbaaea of electricity, 1aa, coal, fuel oil or
colm, for u•• in proceasing, aanufacturin1, ainin1, refinin1, irri1ation,
builclins coD8truction, tele1rapb, telephone and radio co..unication,
atreet and railroad tranaportation service• and all indu•trial u• .. , and
a ... print and printers' ink for uae by publishers of newapaper• and
C011mercial printers shall be dee .. d to be wholesale salee and aball be
eae.pt fro• taaation under the provision• of this ordinance.
2-18. Sbould a diapute arise between tbe purchaser and aeller &8
to wbetber ow not any aucb aale i• exeapt fro• taxation hereunder,
ae•ertbl•••, tbe •eller •ball collect and tbe purchaser •ball p&J •ucb
tax; and tbe aeller aball thereupon issue to tbe purcb&8er a receipt,
or certificate, on for .. prescribed by tbe City Trea•urer, •bowin1 tbe
na ... of tbe aeller and purcbaaer, the itea purcbaaed, tbe date, price,
a110unt of tax paid, and a brief stateaent of tbe claia of eaeaption.
Tb• purcb&8er thereafter aay apply to the City Treaaurer for a refund
of •ucb tax .. , and it aball then be the duty of tbe CitJ Tre&8urer to
deterlline tbe que•tion of exemption, subject to review bJ tbe court•
&8 bereinafter provided. It aball be a violation of tbi• ordinance
for &DJ aeller to fail to collect, or any purchaser to fail to paJ a
tax levied by tbl• ordinance, and on sales on wbicb exmption is diaputed.
2-17. When r11bt of continuous possession or use of any article
of tan1ible peraonal property is granted under a lease or contract and
•ucb tr&D8fer of po••e••ion would be taxable under tbis ordinance if
an outri1bt aale were .. de, aucb lease or contract shall be considered
tbe •ale of 8bcb article and tbe tax shall be computed and paid as in
tbe C&8e of an outri1bt •ale ta:&able hereunder.
2-18. A "fara auction closeout sale" .. ans a regularlJ advertiaed
aDd conducted •ale at public auction of all tbe tan1ible personal pro-
perty of a far .. r or rancher previously used by bi• la carryiDI on bis
farain1 or rancbin1 operations. Unless said far98r or .rancher i• .. kiDI
or atteaptins to 11&ke full and final disposition at tbe auction aale
of all property uaed in bi• faraing or rancbin1 operation• and ia
abaacloalns aaid operationa on the preaises whereon they were previoualy
conducted, •ucb •ale not be deeaed a "far• auction cloaeout •ale" within
tbe -•nin1 of tbi• •ub-•ection.
2-19. Tbe aalea tax 1• iaposed on the full purcbaae price of articl ..
aold after .. nufacture or after having been aade to order and include•
tbe full purcba8e price of aaterials used and service perforaed in con-
nection tber .. itb, excludin1, however, such article• perforaed in connec-
tion tber .. itb, excludin1, however, such articles aa are ot~erwiae ex-
9111>ted in tbi• ordinance. The sale price i• tbe 1ro•• value of all tbe
aateriala, labor, ••fvice, and the profit thereon, included in tbe price
cbar1ed to tbe uaer or conau .. r.
2-20. Tbe •ale or turni•bing of steaa or other beat shall be in-
cluded in tbe ter• "sale "and purchase" under tbia section.
Section 3. LIC•DBB FOR UTAIL SBLLBRS.
3-1. It aball be unlawful for any person to engage in tbe buain .. a
of ••llin1 at retail, aa tbe same is defined in tbi• ordinance, on and
after January 1, 1980, without first having obtained a liceD8e therefor,
wblcb liceD8e aball be granted and issued without fee by tbe City
Tre&8urer and aball be in force and effect until revoked.
Minute• of October 19, 1959
3-2. APPLICATION; CONTENT. Such license shall be granted only upon
application atatiDI tbe na .. and address of the person desirin1 sucb
licenae, tbe na .. of •uch busin••• and the location, including tbe street
nuaber of auch buaineaa and such other facts as may be reasonably required
by the City Tre&8urer.
Section 4. &ACB RBTAIL ESTABLISHllBNT TO BE LICENSED. In case busi-
neaa la tranaacted at two or more separate places by one person, a separate
licenae for each place of business shall be required.
Section 5. ~OiUi V* LI C ~NS6: LICENSE NON-TRANSPEBABLB. Bacb license
ahall bi nuabired and shall show the name, mailing address, and place and
character of buaineaa of the licensee and shall be posted in a conspicuous
place in the place of business for which it is issued. No license shall
be tranaferable.
Section 6. SALB AT RBl'AIL WITHOUT LICENSE. Any person engaged in
tbe t>u•ln .. a of selling at retail in the City, •'thout having secured a
licenae therefor, except at specifically provided herein, shall be guilty
of a violation of tbia ordinance and shall be punished accordingly.
Section 7. REVOCATION OF LICENSE BY CITY TRBASUllBB. Tbe City Treasurer
11&y on a re&8onable notice and after full bearing, revoke the license of
any peraon found by the City Treasurer to have violated any provision of
tbia ordinance.
Section 8. APPEAL FROll CITY TREASURER'S ORDER. Any finding and
order of the City Treaaurer revoking the license of any person sball be
aubject to review by the District Court of the Eighteenth Judicial Diatrict
of the State of Colorado, upon application of the aggrieved party. Tbe
procedure for review shall be in accordance with Rule 106 A (4) of the
Colorado Rule• of Civil Procedure.
Section 9. WlllN LICENSE NM UQUIRBD. No license &ball be required
for any peraon enga1ed exclusively in the business of selling coamoditie•
which are exeapt fro• taxation under this ordinance.
Section 10. TAXABLE ITBMS. On and after January l, 1960, tbere is
hereby levied and tbere aball be collected and paid a tax in tbe aaount
stated in Section 13 hereof, as follows:
10-1. On the purchase price paid or charged upon all sale• and pur-
cbaaea of tan1ible personal property at retail.
10 -2. In tbe caae of retail sales involving the exchange of property,
on tbe purcba•e price paid or charged, including the fair market value of
tbe property excb&n1ed at tbe ti .. and place of the exchange, excluding,
however, fro• tbe consideration of purchase price tbe fair market value
of the excban1ed property, provided such exchanged property is to be sold
thereafter in the usual course of the retailer's business.
10-3. Upon telephone services for all Englewood local exchan1e ser-
vice receipts and upon telegraph aervices for all intra-atate aervice
originatin1 in tbe City.
10-4. For 1&8 and electric service, for gas and electricity furni-
shed and aold for doaeatic or co .. ercial consumption and not for reaale.
10-5. Upon tbe aaount paid for all meals and cover charges, if any,
furbi•hed in any re•taurant, eating house, hotel, drug store, club, re-
aort,or other aucb place at wbicb meals or food are regularly sold to tbe
public.
10-6. For ••ea• or other beating service furnished and sold for do-
.. atic or coa .. rcial uae.
Section 11. ITBllS BXmlPT FROll TAXATION. Tbe sales of the following
cl&8• .. of tangible peraonal property are exeapt from taxation under tbia
ordinance:
11-1. Clase l -llotor vehicle&, trailer•, and semi-trailers regis-
tered outaide of tbe City of Englewood.
CAV&AT: Tbe purchaae of any motor vehicle, trailer, or semi-trailer
outaide ale City of Bn1lewood by a re•ident of the City of Englewood for
uae in Bn1lewood, •ball be •ubject to tax hereunder, wbicb tax aball be
payable to tbe City Treaaurer of En1lewood.prior to tbe ti .. tbe regiatra-
tion licenae ias i•aued by the County Clerk of Arapahoe County. :If any re-
aident of the City of Bn1lewood aball register bis motor vehicle, trailer,
or aeai-trailer in any other county of Colorado, be shall be suilty of a
violation of tbia ordinance and punished as provided in Section 66 hereof.
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Minutes of October 19, 1959
11-2. Claa• 2 -Par• i•ple11ents.
11-3. Claaa 3 -Parts and accessories for articles in Classes l and
2 above.
11-4. Sal•• under conditional sales contracts made prior to the effec-
tive date of tbi• ordinance.
11 -5. Sale• of tan1ible per•onal property sball be ezeapted troa tbe
operation ot tbi• ordinance if botb tbe followin1 conditions eziat: (l)
Tbe aal .. are to those wbo are residents ot or doing bu•in••• in tbe State
ot Colorado outside tbe City ot Bn1lewood; and, (2) Tbe article• purcbaaed
are to be delivered to tbe purcba•er outside the City ot Bnglewood by co•llOD
carrier or by tbe conveyance ot the seller or by mail.
11-6. Sale• of fuel used for the operation of internal coabu•t•on
en1inea.
11-7. Bale• ot tan1ible per•onal property shall be ezeapted troa tbe
operation ot tbi• ordinance if all tbe following conditiona eziat: (1)
Tbe aal .. are 11&de to a purcha•er engaged in 11anufacturin1, proceaain1,
ainin1, coaatruction, or railroadin1; (2) The articles sold are to be used
bJ tbe purcbaaer in tbe conduct ot bis manufacturing, proceaain1, ainin1,
coaatruction, or railaroadin1 business outside tbe City; (3) Delivery of
the article• sold i• to be aade to the purchaser at a point outside tbe
CitJ or to a carrier tor delivery of tb• articles to a purchaser at a point
outside tbe City, or to tbe railroad, in case tbe railroad is tbe purchaser,
or to a truck of tbe construction company in case of a sale to a construction
coapany.
11 -8. All sales of tood, tood products, and drinks tor bu11&n co .. uap-
tion, in tbe u•ual and ordinary 118&ning of tbeae ter .. , including candies
and confections, but not including preparations sold as tonics Qr dietary
auppl ... nta.
11-9. ..dicine sold under preecription ot a physician.
11-10. All sale• and purcba•e• of commodities or services, tbe sale ot
which was on June 4, 1937, subject to a sale or ezcise taz under tbe laws of
tbe United Stat .. , wbere aucb federal sale or ezciee taz a110unts to 110re tb&n
twelYe-and-one-balf percent _(l2il> of the sale price under eaid law•.
11-11. All sale• to tbe United State• Government; to tbe State ot
Colorado, its departll8nta or inatitutiona, and tbe pOlitical subdivisions
thereof, in their 1overnll8ntal capacities only; and all sales to tbe City
and &DJ departll8nt thereof.
11-12. All sale• to reli1iou•, charitable, and eleemo•ynary corpora-
tions, in tbe conduct ot tbeir re1ular religious, charitable, and eleemosy-
nary functions and activities.
11-13. All sale• which the City is prohibited troa taxing und'r tbe
Constitution or l&W8 of t tbe United States, or the State ot Colorado, shall
be ••••Pt hereunder.
11-14. All sale• and purchases of neat cattle, ebeep, laaba, swine
and aoata; all aal .. and purcba••• of mares and stallion• tor breedin1
purpoa .. ; and all fara auction close-out sales shall be ezeapt troa taxa-
tion hereunder.
11-15. All sales and purchases of feed for livestock or poultry,
all aal .. and purcbaa .. of •eeda, and all sales and purcbaaee of orchard
tr .. • •ball be ezeapt fro• taxation hereunder.
Section 12. UTAIU& USPOlfSIBLB FOR PAYllBlfT OP TAX. Bvery retailer
(alao &ireln called "vendor") aball, irrespective of provision• of Section
13, be liable and re•ponaible for the payment of an amount equivalent to
one per cent (l~) of all sale• 11&de by bi• of coa110ditie• or service•
specified in Section 10, and aball before tbe fifteenth (15th) day of eacb
110nth 8ake a return to the City Treasurer for tbe precedin1 calendar 11e>nth
and rellit an a11e>unt equivalent to said one per cent (11) of such sale• to
said CitJ Treasurer, less five per cent (51) of such taz to cover tbe ven-
dor'• expense in tbe collection and remittance ot •aid taz.
12-1. U111&11; C01'TBlfT, PORll, Bn=. Such return• of the taxpayer, or
bi• duly autbori••d a1ent, eball contain such intor11&tion and be 11&de in
such 11&nner and upon •ucb foraa as tbe City Treasurer 11&y prescribe and
said CitJ Tr ... urer 11&y eztend the ti .. «od aakiDI returns and payiDI tbe
taz .. due under aucb reaaonable rules and regulations aa ~· may prescribe,
but no •ucb extension •ball be for a greater period tban i• provided in
Section 16.
•inut .. of October 19, 1959
12-2. BXDPTION; BU&DD OF PROOF. Tbe burden of proof tbat any re-
tailer i• exeapt fro• collecting a tax upon any goods sold and paying aa ..
to tbe City Treaaurer, or fro• 11&king such returns, &ball be on the retailer
or ••ndor under aucb reaaonable requireaents of proof as the City Treaaurer
•Y preacribe.
Section 13. UTAILBU TO COLLECT TAX.
13-1. There are hereby imposed upon all sales of co1mOditiea and
••r•ic•• apecified in Section 10, taxes in accordance with the following
acbedule:
13-1 (1). On aale• &llOunting to 44~ to and including $1.18, a tax of
one cent ($0.01).
13-1 (2). OD sales amounting to $1.19 &o dand including $2.18, a tax
of two cent• ($0.02).
13-1 (3). And on all higher sales, one cent($0.0l) shall be added in
each bracket for one dollar ($1.00) of additional selling price.
13-2. Retailers aball add tbe tax imposed hereby, or the average
equivalent thereof, to tbe sale price or charge, •bowing aucb tax aa
a aeparate and distinct itea, and when added sucb tax aball conatitute
a part of aucb price or charge and shall be a debt fro• the conau .. r or
uaer to tbe retailer until paid and sbal~be recoverable at law in tbe
aa .. W1&Dner a• other debt•; provided, however, tbe retailer •ball be
eatitled, aa collecting agent of the City, to apply and credit the a110unt
of bi• collection againat tbe one per cent (II) rate to be paid by bi•
under the proYiaiona of Section 12, reaitting any exc•••ive collection
oYer aaid one per cent (11), l .. • the five per cent (51) collection ex-
penae allowance aforeaaid, to tbe City Treasurer in the retailer'• next
110ntbly aale• tax return.
Section 14. CITY TRBASUUB FOIUIULATBS RULES. To provide unifora
.. tbodi of adding tbe tax, or tbe average equivalent thereof, to the aelling
price, it •ball be the duty of the City Treasurer, with the approYal of tbe
City llaaaaer, to foraulate and promulgate, after bearing, appropriate rule•
and reaulation to effectuate the purpose of this ordinance.
lecti•n 15. UMLAWFUL TO ASSUllB oa ABSORB TAX. It •ball be unlawful
for &DJ retailer to advertiae or bold out or state to tbe public or to any
cuato .. r, directly or indirectly, tbat the tax or any part thereof iapoaed
bJ tbi• ordinance will be aa•u .. d or absorbed by the retailer, or tbat it
will not be added to the aelling price of the property •old, or, if added,
tbat it or any part thereof will be refunded. Any peraon violating any
pro•i•ion of tbi• ordinance shall be subject to the penalti•• herein pro-
•ided.
Section 16. SPICIAL ACCOUNTING BASIS FOB RDITTAllCB OF TAX. If the
accountlna .. t&Oda regularly eaployed by the vendor in the transaction of
bis buain .. a, or other conditions, are sucb tbat report• of aale 11&d• on
a calendar llODtb basis will iapose unnecessary barc:l8bip, the City Treasurer
may, upon requ .. t of tbe vendor, accept reports at aucb intervals as will,
in bi• opinion, better suit tbe convenience of the taxpayer, and will not
Jeoparaize the collection of the tax; provided, however, the City Treasurer
11&y by rule perait a taxpayer whose monthly tax collected i• less than
twenty dollar• ($20.00) to aake returns and pay taxes at intervals not
gr•t•• tban three 110ntba.
Section 17. CONSOLIDATION OF RETURNS. A retailer doing business in
two or 110re plac .. or location• taxable hereunder may file one return
coverina all aucb buaineaa activities in the City.
Section 18. TAX OR CREDIT SALBS, B'IC. Whenever an article is sold
under a conditional aale contract whereby the seller retaina title as secur-
ity for all or part of the purcbaae price, or whenever the aeller tak .. a
chattel 110rt1a1e on the article to secure all or part of the purchase
price, the total tax ... ed on tbe total selling price shall becoae i ... di-
ately due and payable. Tbi• tax aball be charged or collected by the aeller.
Ro refund or credit •ball be allowed to either party to the transaction
in caae of reJ>08••••ion.
Section 19. DCUI COLLICTIOJfS; FAILUU TO BDIT CQl.I.fCTIONS. l:f
any Yendor •ball, durina any reporting period, collect aa a tax an a110unt
in exc .. • of one per cent (11) of bis total taxable aale•, be •ball reait
to tbe City Treaaurer the full net a110unt of the tax herein iapoaed and
al•o aucb exc .. •. Tbe retention by the retailer or vendor of any exceas
of tax collectiona over one per cent (11) of the total taxable sale• of
aucb retailer or Yendor, or tbe intentional failure to reait punctually
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Minut .. of October 19, 1959
to tbe City Treaaurer tbe full amount required to be reaitted by the provi-
•iona of tbi• ordin&Dce, ia hereby declared to be a violation of this
ordinance.
Section 20. TAX 01' STORAGB, CONSUllPTION, A:MD USB. There is hereby
levied and there •ball be collected fro• every peraon in tbe City a tax or
eaci•• for tbe privilege of storing, using, or con•u•ing in tbia City any
articl .. of tansible peraonal property purcbaaed at retai~ fro• sources
outaide tbe corporate liaita of Bnglewood, subsequent to·tbe effective date
of tbia ordinance. Such tax shall be payable to and aball be collected by
the City Treaaurer in accordance with tbe following acbedule:
20-1 (1). OD •torage or acquisition charges or co•t• fro• 44~ to
$1.18, both inclu•ive, a tax of one cent ($0.01).
20-1 (2). On •torage or acquisition charges or coata fro• $1.19
to $2.18, both incluaive, a tax of two cents ($0.02).
20-1 (3). On all •torage or acquisition cbargea or coat• bigber
than $2.18, one cent ($0.01) aball be added for each bracket of one dollar
($1.00) or •ucb higher charge• or costs.
20-2. ITDI UBllPT ROM TAX ON STOBAGB, CONSUllPTIOll AD USB. Tbia
tax or exci•e on tbe •torage, con•uaption, and u•e of tan1ible peraonal
property ia hereby declared to be •uppleaentary to the City tax on retail
aal .. aa provided in tbi• ordinance and shall not apply:
20-2 (1). To tbe •torage, use, or consuaption of any tapgible personal
property, tbe •ale of wbicb ia aubject to the City aetail Sal .. Tax as pro-
Yided herein.
20-2 (2). To tbe •torage, u•e or consumption of any tansible peraonal
property purcbaaed for reaale in this City, either in it• ori1inal fora or
aa an insredient of a aanufactured or compounded product, in tbe regular
cour•• of a bu•ine••·
20-2 (3). To tbe •torage, uae or consumption of motor fuel upop wbicb
there baa accrued or ba• been paid tbe motor fuel tax pre•cribed by tbe
Colorado llotor Puel Tax i.w of 1933.
20-2 (4 ). To tbe •torage, u•e or consuaption of tangible peraonal
property brousbt into tbi• City •• a non-resident thereof for bis own
•torase, uae or conauaption while teaporarily within this City, nor to the
peraonal property of a r .. ident if •ucb personal property waa purcbaaed
prior to becoains a r .. ident of thi• City.
20-2 (5). To tbe •tora1e, u•e or conauaption of tangible peraonal
property of tbe United Statea Govern .. nt, or the State of Colorado, or ita
inatitutiona, or it• political •ubdivi•iona, in their covernaental capa-
citiea only; or by religioua or charitable corporations in the conduct
of their regular religiou• or charitable functions.
20-2 (6). To tbe storage, uae or consuaption of tangible per•onal
property by a per•on engaged in the buaineaa of manufacturin1, coapoundin1
for •ale, profit or use, any article, aubltance or commodity, wbicb tan-
sible peraonal property enter• into the processing of or beco .. a an in1red-
ient or coaponent part of tbe product or service which is aanufactured,
coapounded or furni•bed and the container, label or tbe furnished abippin1
caae thereof.
20-2 (7). To the atorage, use or consumption of electricity, coal,
coke, fuel oil or saa for u•e in processing, 11&nufacturing, mining, re-
finins, irrisation, telegraph, telephone and radio co111111nication, street
and railroad tranaportation aervicea and all industrial uaes, exeept that
electricity, 1&a, coal, euel oil or coke used for lighting or space beat-
ins in tb .. e operations shall not be exempt.
20-2 (8). To tbe storage and uae of neat cattle, sheep, laaba, swine
and soata within this City; or to tbe storage and use within this City of
.. r•• and •tallion• kept, held and used for breeding purpoaes only.
Section 21. PROVISIONS llBLATIVB TO PAYllBNTS A:MD COJ,I,JC'JJ ON. The
following prlvlaions shall apply to the payment and collect,on pf tbe
tax on •torage, consuaption, and use of tangible personai property:
21-1. llOTOR VBBICLBS AMD TBAILBRS. Any resident peraon wbo •ball
purcba•e any aotor vehicle, trailer, or semi-trailer, whether new or uaed,
outaide tbe corporate liaita of tbe City of Bnglewood for uae within tbia
City, •ball i ... diately, and prior to registering and obtainina a licenae
therefor, aake a return abowing auch tranaaction to tbe City Treaaurer of
&n1lewood and thereupon pay to bi• the use tax applicable thereto as pro-
vided for in Section 20 hereof, and failure to do so •ball conatitute a
Minute• of October 19, 1959
violation of tbi• ordinance. All aucb motor vehicles, trailer•, or •••i-
trailera, purcbaaed outaide tbe corporate liaita of Bn1lewood for uae in
tbi• City aball be re1i•tered with tbe County Clerk and a.corder of
Arapahoe County, Colorado, and any peraon wbo aball re1iater any aucb 110tor
vehicle, trailer or ••Iii-trailer in any other county in tbi• atate or
elaewbere •ball be dee .. d in violation of tbi• ordinance and any aucb re-
li•tration •ball conatitute pri11& facie evidence of an att .. pt to evade
pay .. ntof a~b taz.
21~2. BUILDIRG llAT&JllAL8 AJID 8UPPLIBS. Any peraon wbo aball build,
conatruct, or iaprove any buildin1, dwelling or ••b•r structure or iaprove-
aent to realty wbataoever within tbe City of Bn1lewood, and wbo •ball pur-
cbaae tbe nece••ary luaber, fixture•, aateriala, or any otber •uppliea
needed therefor fro• any aource outaide tbe corporate liait• of Bn1lewood shall
keep and preaerve all invoice• and atate .. nt• abowin1 aucb purcbaae• and
•ball on or before the tenth day of each aucceeding 11e>ntb following tbe
start of auch conatruction file a return witb tbe City Treaaurer of Bnglewood,
to wbicb be •ball attacb aucb atate .. nta and invoice• for the luaber,
fixtur .. , aaterial• and otber aupplie• purchaaed tbe previoua 110nth and
•ball thereupon pay to aaid City Treaaurer tbe full a110unt of the uae tax
due thereon for tbe preceding aonth or aontha. Any failure to preserve
aucb •tat ... nt• and invoice• and to aake aucb return and pay .. nt of this
taz •ball be dee .. d a violation of this ordinance and any peraon so offend-
1n1 aball be aubject to tbe penalties and puniabaent provided herein. It
•ball be tbe duty of tbe City Building Inapector ana toe contrac~orH and
sub-contractor• wbo are hired to conatruct any aucb iaproveaent• to furnish
tbe City Treaaurer aucb information as be may require a.a to any purcbaaea
of luaber, fixtur .. , 11&teriala, and supplies for aucb iaprove .. nta wbicb
were obtained fro• aource• outaide tbe corporate liait• of Bn1lewood.
Tbe full aaount of any uae tax due and not paid for luaber, fixtures, 11&t-
eriala, and auppli•• purcbaaed fro• such outside source•, to1etber witb
penaltie• and intereat thereon aa herein provided, sball be and conati-
tute a lien upon tbe real property benefited by such iaproveaent, and tbe
City Treaaurer i• hereby authorized to file a notice of such lien witb
tbe County Clerk and lecorder of Arapahoe County.
21-3. &very per•on wbo •ball becoae subject to tbe payment of an
exciae tax for tbe privilese of atorin1, ua1n1, or conaulling within tbe
City of Bnslewood any articl .. of tansible personal property purcbased at
retail froa aourc•• outaid• tbe corporate liaits of the City aball, unless
a different ti .. be otberwi•e •pacifically provided bereln, pl"Oaptly file
a return with tbe City Treaaurer and pay to bi• tbe full aaount ofntbe
tax,due thereon; and any undue delay, or effort to evade tbe pay .. nt of
aucb taz, aball •ubject •ucb peraon to •ucb penalties and puniabaent as
provided herein.
Section 22. COJ.J.BCTIOlf ARD llD1J1fD OF DISPUTBD TAX. Should a dis-
pute arl•e bitween tbe purcba••r and seller as to wbetber or not any aale
or coll90dity or •ervice i• exeapt fro• taxation hereunder, never'tb•A .. ,,
tbe •eller •ball collect and tbe purchaser shall pay such tax, and tbe
aeller aball thereupon iaaue to the purchaser a receipt or certificate,
on for1111 pr .. cribed by tbe City Treasurer, showing tbe naaea of tbe ••1-
ler and purcbaaer, the it• .. purcbaaed, tbe date, price, aaount of tax
paid, and a brief •tate .. nt of tbe claim of exemption. Tbe purcbaaer aay
thereafter apply to tbe City Treaaurer for a refund of such taxes, and it
•ball be tbe duty of tbe City Treaaurer to deteraine tbe question of ex-
eaption, •ubject to review by tbe courts, as herein provided.
Section 23. RBJ1110)8; PROCBDURB. A refund shall be aade or credit
allowed for the tax •o paid under dispute by any purchaser wbo bas an
exeaption a.a in tbi• ordinance aet out. Sucb refund ab&ll be 11&de by
tbe City Treaaurer after coapliance with tbe following conditions pre-
cedent:
23-1. APPLICATIOK. Application• for refund auat be 11&de within
•ixty (80) day• after tbe purcbaae of the goodll on wbicb tbe exeaption
i• clai .. d and au•t be aupported by tbe affidavit of tbe purcbaaer, ac-
coapanied by tbe orisinal paid invoice u : :·:. __ _; or aale(I: receipt . and a
certificate i•aued by tbe •eller, and be made upon such for1111 a• •ball
b e pre•cribed and furniabed by tbe City Treasurer, wbicb for1111 aball
contain aucb information a• •aid City Treaaurer aball preacribe.
23-2. D.:18101'1. Upon receipt of aucb application, tbe City
Treaaurer •ball exaaine tbe aaae with all due speed and aball sive notice
to tbe applicant by an order in writing of bis decision thereon.
23-3. BSAallfG. An a11rieved applicant aay, within ten (10) days
after •ucb deci•ion i• aailed to bi•, petition tbe City Trea•urer for a
bearin1 on tbe claia in tbe aanner provided hereinafter.
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llJ .autea of October 19, 1959
Section ~4. ...-UlfDI ROT A88IGNABLB. Tbe r11bt of &DJ peraoa to a
refund under tbl• ordinance aball not be aaai1nable, and application for
refund auat be aade by tbe .... peraon wbo purcbaaed tbe IOOda and paid
tbe tax thereon aa abown in tbe invoice of tbe aale thereof.
Section 25. PSKALTY l'OR VJl.ATIRG UFUKD PBOVI8I091. Any applicant
for refund under tbe proviaioaa bereinabove, or any other peraoa wbo aball
ll&ke any fal•• atate .. at in connection with an application for a refund of
any tax •ball be dee .. d suilty of a violation of tbi• ordinance and pun-
iabec:I aa hereinafter provided.
Section 26. VIOLATIOKS OP RD'UlfD PROVISIONS TO BB UDD AS BVIDBEB
OP l'aiUWLiif Iln'&BT. If any peraon be convicted under tbe proviaioaa of
Section 25, aucb conviction aball be prima facie evidence tbat all refuada
received by aucb peraoa duria1 tbe current year were obtained unlawfully,
and tbe City Treaaurer i• hereby eapowered and directed to brias appro-
priate action for recovery of aucb refund. A brief auaaary of tbe above
.. atioaed peaaltiea aball be printed on each fora application for refund.
Section 27. BURDO OP PROOI'. Tbe burden of proof tbat •ale• and
c011mOdltl .. , and aervicea on wbicb tax refunda are clal .. d, are exeapt
fro• taxation hereunder, or where not at retail, •ball be on tbe one
ll&klns aucb clala under aucb reaaonable requlre .. nta of proof aa tbe City
Treaaurer a&J preacribed.
Section 28. SALBS TAX INl'ORllATION TO BB CONl'IDBNTIAL.
28-1. Szcept in accordance with judicial order or aa otberwiae here-
in proYided, tbe City Treaaurer, bi• agents, clerka, and eaployeea aball
not divuls• any iaforaation 1ained fro• any return filed under tbe provi-
•iona of tbi• ordinance.
28-2. Tbe official• dbar1ed with tbe cuatody of aucb returna aball
not be required to produce any of tbea or evidence of aaytbiDI contained
in tb .. in any action or proceedla1 in any court, except on bebalf of tbe
City Treaaurer la an action wader tbe provisions of tbi• ordinance to
wblcb be i• a party, or on bebalf of any party to an action or proceeding
under tbe proviaiona of thi• ordinance or to puni•h a violator thereof
wbea tbe peport of fact• abowa by aucb report i• directly involved in
aucb action or proceedia1, in either of wbicb event• tbe court a&J re-
quire tbe production of, and aay adait in evidence, ao aucb ot aaid re-
turna, or of tbe fact• abowa thereby, aa are pertinent to tbe action or
proceedia1 and no aore.
28-3. lfotbla1 contained in thi• aect~GD aball be conatrued to pro-
bibi t tbe delivery to a peraoa, or bl• duly authorized repreaeatative, of
a copy of any return or report filed in connection witb bi• tax, nor to
prohibit tbe publication of atatiatic• ao claaaified aa to prevent tbe
identification of particular report• or return• and the ite .. thereof,
nor to probibit tbe iaapectioa by tbe City Attorney of tbe City, or any
other lesal repreaentative of tbe City, of tbe report or return of any
peraoa wbo aball brin1 action to aet aaide or review the tax based there-
on, or asaiaat wboa an action or proceeding is contemplated or bas been
inatitutec:I under tbi• ordinance.
28-4. lepqrt• and returna ahall be preserved for three years and
thereafter until tbe City Treaaurer, with approval of tbe City ... nager,
order• tbea deatroyed.
lectloa 29. DUTY TO KBBP BOOKS AlfD RK:ORDS. It aball be the duty
of eYery peraoa en1a1ed or continuing in busine•• in tbe City, for tbe
tranaaction of wblcb a licenae i• required hereunder, to keep and preserve
auitable recorda of all aalea aade by bi•, and aucb other boolal or
account• aa aay be neceaaary to deteraine tbe aaoant of tax for tbe col-
lection of wbicb be i• liable hereunder. It shall be tbe duty of every
aucb peraon to keep and preaerve for a period of three years all invoices
of 1ooda and .. rcbandiae purcbaaed for resale, and all aucb books, invoice•
and otber r990rda aball be open for exallination at any time by tbe City
Treaaurer, or bi• duly authorized agents.
Section 30. PBNALTY FOB DOXGl'ULLY DIVULGING SALBS TAX ID'OIUIATIOK.
Any City officer or eaployee, or any aeaber of ~be ~effice of, or officer,
or eaployee of the City Treaaurer who aball divul1e any 1aforaat1on claaai-
ed herein aa confidential, in any manner, except in accordance with proper
judicial order, or a• otberwiae provided by law, sball be 1Uilty of a
Yiolatlon hereof.
Section 31. BXAJllNATION OP RBTURNS; RBl'UlfDS, CUDITS AKI> DUICISJl:IU.
Aa aoon aa practicable after the return is filed, the City Treaaurer aball
exaaine it.
31-1. If it then appear• that the correct amount of tax to be reaitted
i• 1reater or le•• than that shown in the return, tbe tax aball be recoaputed.
Minute• of October 19, 1959
31-2. If tbe aaount paid exceeds that which is due, the excesa shall
be refunded or credited against any subsequent remittance fro• the sa ..
person.
31-3. If the amount paid is less tban the amount due, tbe difference,
to1etber witb interest thereon at the rate of one-half of one percent per
11e>ntb fro• tbe ti .. tbe return was due, sball be paid by the vendor within
ten day• after written notice and demand to him fro• tbe City Treasurer.
Section 32. PBMALTY FOR DBFICIBI«:IBS CAUSED BY DISIBGARD OF BULBS.
If any part of tbe deficiency is due to negligence or intentional diaresard
of authorized rule• and resulations with knowledge thereof, but without
intent to defraud, there aball be added ten per cent (l~) of tbe total
amount of tbe deficienty; and in such case interest shall be collected
at tbe rate of one per cent (11) per montb •n the amount of tbe deficieDCJ
froa tbe ti .. tbe return was due, fro• ~be person required to file tbe re-
turn, wbicb intereat and addition shall becoae due and payable within ten
day• after written notice and deaand by tbe City Treasurer.
O.CtiuD 33. P&lfALTIBS FOR DBFICIBI«:Y CAUSBD BY FRAUD. If any part
of tbe deficiency i• due to fraud with tbe intent to evade tbe tax, tben
tbere •ball be added fifty per cent (5()1) of the total a11e>unt of tbe de-
ficiency, and in aucb caae tbe whole amount of tbe tax unpaid, includiDI
the additioDa~, aball beco .. due and payable ten days after written notice
and deaand by the City Treaaurer, and an additional one per cent (11)
per 11e>ntb on aaid a11e>unta shall be added from date the return waa due
until paid.
Section 34. INVBSTIGATIOlf OF UTAILBRS' BOOKS. For the purpoae of
aacertainin1 tbe correctne•• of a return, or for the purpose of deterain-
in1 the aaount of tax due fro• any person, tbe City Treasurer, or bi• duly
authorized deputiea, aay bold investigations and bearin1• concernin1 any
aattera co•ered by tbi• ordinance, and aay examine any relevant books,
paper•, recorda, or .. aoranda of any such person and aay require tbe attend-
ance of aucb peraon, or any officer or employee of such peraon, or of any
peraon bavin1 knowled1e of aucb aalea, and may take teatiaony and require
proof for bi• inforaation. Tbe City Treasurer and bi• duly authorized
deputi .. •ball have power to adainister oaths to aucb peraona.
lecton 35. lllARIRGS, SUBPOKMAS, ARD WITMBSS Fa.&. All subpoenas
i .. u.a undir tbe ter.. of tbi• ordinance may be served ·by any person of
full •I•· Tbe f ... of witn ..... for attendance and trial •hall be tbe :
.... aa tbe fee• of witn .. ••• before tbe District Court, aucb fee• to be
paid wben the witn••• is excuaed fro• further atteadam:e. When tbe wit-
n••• i• aubpoenaed at the instance of tbe City Treaaurer, such fee• •ball
be paid in the aa.. aanner aa otber expenses under the ter.. of tbia
ordinance, and when a witneaa i• aubpoenaed at tbe instance of any party
to any aucb proceedin1, the City Treaaurer may require that the cOllt of
aervice of the aubpoena and tbe fee of tbe witnesa be borne by tbe party
at wboae instance tbe witne•• i• au11110ned. In aucb caae, the City Treaaurer,
in hi• diacretion, aay require a deposit to cover tbe coat of such aervice
and witn••• feea. A aubpoena iaaued as aforeaaid aball be served in tbe
aa .. aanner as a aubp9na issued out of a court of record.
Section 38. JUDG& COMP&LS ATTSMDAMCB. Any Judie of tbe Diatrict
Court of the ii1hteenth Judicial District of the State of Colorado, eitber
in ter• ti .. or vacation, upon tbe application of tbe CitJ Tleaaurer, aa1
coapel tbe attendance of witneaaea, tbe production of booka, papere, re-
corda, or .. aoranda, and tbe 1ivin1 of testi11e>ny llefore tbe City Treaaurer
or any of bi• duly authorized deputie•, by an attacbaent for conteapt, or
otberwiae, in the aa .. aanner aa production of evidence aay be coapelled
before aaid Court.
Section 37. D&POIITIOKS. Tbe City Treasurer or any party in an in-
veatisatlon or hearing before the City Treasurer aay cuaae the deposition
of witn ..... re9idin1 within or without tbe State to be taken in tbe aanner
preacribed by law for like depoaitions in civil actions in courts of tbi•
State and to that end coapel the attendance of witnesses and tbe production
of books, fapera, recorda, or Maoranda.
Section 38. UlfPAID TAX A PRIOR LIBR. Tbe tax iapoaed by thi• ordinance
•ball bi a llrat and prior lien upon tbe 1ooda and busine•• fixture• of or
uaed by any retailer under leaae, title-retaining contract, or other contract
arran19 .. nt, exceptin1 atock of 1ooda sold or for sale in the ordiaa•y courae
of bu•in .. a, and •ball take precedence on all sucb property over other liena
or clai .. of wbataoewer kind or nature.
Section 39. SALi OP BUIIISSI. Any retailer who aball aell out bi•
buain .. a or atock of 1ooda or aball quit buaineas shall be required to ~e
out a return aa provided in tbi• er•in&ace i watbi*e*~• da,. after tbe date
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llinutes of October 19, 1959
be aold out bi• buain .. • or stock of goods, or quit business, and bis
succ .. aor in busin••• •ball be required to withhold sufficient of the pur-
cbaae 110ney to cover the a110unt of said tax due and unpaid until such ti ..
aa the for .. r owner shall produce a receipt fro• the City Treasurer showing
tbat the tax .. bave been paid, or a certificate that no taxes are due.
lectM>n 40. PUICBASBS SUBJllCT TO TAX LIBN. If tbe purcbaser of a
buaine•• or stock of 1ooda shall fail to withhold the purchase 11e>ney as
above provided, and the tax sball be due and unpaid after the ten-day
period allowed, be, as well aa tbe vendor, sball be personally liable for
tbe pay .. nt of the taxes unpaid by tbe former owner. Likewiae, anyone wbo
tak .. any atock of goods or buaineaa fixtures of or uaed by any retailer
under lease, title-retaining contract, or other contract arran1eaent, by
purcbaae, forecloaure sale, or otberwiae, take• same aubject to tbe lien
for any delinquent aal .. tax•• owed by such retailer, and •ball be liable
for the pay .. nt of all delinquent sales taxes of such prior owner, not,
however, exceedin1 the value of the property so taken or acquired.
Section 41. STATUS OP UXPAID TAX IN BANKRUP'n:Y AND &EBIVBUBIP.
Whenever the buaine•• or property of any taxpayer subject to this ordinance
aball be placed in a receiverabip, bankruptcy, or assignment for the benefit
of creditors, or aeized under distraint for property taxes, all taxes,
penaltiea, and intereat iapoaed by this ordinance and for wbicb said
retailer i• in any way liable under the terma of this ordinance shall be a
prior and preferred lien a1ainst all tbe property of said taxpayer, except
a9'to pre-exiatin1 clai .. or lien• of a bona fide mortgagee, pledges judlllent
creditor, or purcbaaer whose ri1bta shall have attached prior to the filing
of tbe notice as hereinafter provided on the property of tbe taxpayer, other
tban the eoods, atock in trade and business fixtures of such taxpay~, and
no aheriff, receiver, asai1nee, or other officer shall sell the property
of any peraon aubject to this ordinance under proceaa or order of any court,
witbout first aacertainin1 fro• tbe City Treasurer the a110unt of any taxes
due and payable under tbi• ordinance, and if there be any aucb taxes due,
owin1 and unpaid, it shall be the duty of such officer to first pay the a110unt
of aaid taz .. out of tbe proceeds of such sale before aakin1 payment of any
110ney• to &DJ Judsaent creditor or other claiaants of whatsoever kind or
nature, except the costs of the proceedings and other pre-existing clai .. or
lieu u above provided. For the purpose of this ordinance tbe term "taxpayer"
•ball include "retailer".
Section 42. TRUST STATUS OF TAX IN POSSBSSION OP UTAILEB. All auM of
aoney paid by tbe purchaser to tbe retailer as taxes iaposed by this ordinance
•ball be and reaain public money, the property of the City, in the bands of
such retailer, and be shall bold the same in trust for tbe sole use and benefit
of tbe City until paid to tbe City Treasurer as herein provided, and for failure
so to pay to the City Treasurer, such retailer shall be punished for a violation
hereof.
Section 43. RBl'USAL TO llAKB RBTURN; ESTillATB OP TAXBS; PBNALTY; NOTICB;
ASSKSldit.
43-1. If any person ne1lect• or refuses to make a return in payment of
the taxes as required by tbi• ordinance, tbe City Treasurer shall make an eatiaate,
baaed upon such inforaation as aay be available, of tbe amount of the tax88
due for tbe period or periods for which the taxpayer is delinquent; and upon
the basis of such estiaated a110unt, coapute and assess in addition thereto a
penalty equal to ten per cent (lOI) thereof, together witb interest on such
delinquent taxes at tbe rate of one per cent (11) per month fro• tbe date when
due.
43-2. Proaptly thereafter tbe City Treasurer shall 1ive to the delinquent
taxpayer written notice of such estimated taxes, penalty and interest, wbicb
notice must be served personally or by registered or certified mail.
43-3. Such eatiaate shall thereupon become an assessment, and such assessment
•ball be final and due and payable from the taxpayer to the City Treasurer ten
(10) day• froa the date of service of the notice or tbe date of mailing by
re1istered or certified aail; provided, however, that within said ten-day period,
such delinquent taxpayer may petition the City Treasurer for a revision or
11<>dification of aucb aaaeaament, and shall, within such ten-day period, furnish
tbe City Treasurer the facts and correct figures showing tbe correct amount
of such taxes .
. 43-4. Such petition shall be in writing and the facts and figures subaitted
•ball be aubllitted either in writing or orally, and shall be given under oath
of said taxpayer.
43-5. Thereupon tbe City Treasurer shall modify such assessment in accordance
with tbe facts aubaitted, which facts he deems correct. Such assessment 'sball
be conaidered the final order of the City Treasurer, and may be reviewed under
aule 106 (a) (4) of the Colorado Rules of Civil Procedure as provided in this
ordinaa.ce; provided, that the taxpayer gives written notice to the City Treasurer
of such intention within five days after receipt of the final order of assessaent.
llinute• of October 19, 1959
Section 44. NOTICE OF TAX LIEN.
44-1. If any taxes, penalty or intere•t imposed by this ordinance and
•bown due by returns filed by the taxpayer, or as shown by assessments duly
aade aa provided herein, are not paid within five days after the saae are due,
the City Treaaurer aball iaaue a notice, setting forth the na .. of the tax-
payer, tbe a11e>unt of the tax, penalties and interest, the date of tbe accrual
thereof, and that the City clai .. a first and prior lien therefor on the real
and tansibl• per•onal property of tbe taxpayer, except aa to pre-existing
clai .. or lien• of a bona fide 11e>rtgagee, pledgee, judgment creditor, or
purcba8er wbo8e ri1bt• •ball have attached prior to the filing of the notice
aa hereinafter provided on property of the taxpayer, other than the goods,
•tock in trade, and bu•1n••• fixture• of such taxpayer.
44-2. Sucb notice aball be on form11 prepared by tbe City Treasurer and
•ball be verified by bi• or bia duly qualified deputy, or any duly qualified
a1ent of tbe City Treaaurer, wbo•e duties are the collection of sucb tax,
and aay be riled in tbe office of tbe Clerk and Recorder of any county in tbi•
•tate in wbicb tbe taxpayer owna real or tangible personal property, and tbe
filin1 of •ucb notice aball create aucb lien on such property in tbat county
and constitute a notice thereof.
44-3. After •aid notice baa been filed, or concurrently tberewitb, or
at any ti .. when tax•• due are unpaid, wbetber such notice be filed or not,
tbe City Treaaurer .. Y i••ue a warrant under bis official seal directed to
any duly authorized revenue collector, or to the sheriff of any county in this
state, co..andin1 bi• to levy upon, seize and sell sufficient of the real
and per•onal property of tbe tax debtor found within bis county for the payaent
of tbe amount clue, to1etber with interest, penalties and coats, as now or
hereafter pro•iclecl by ordinance, subject to valid pre-existing claillS or liens
aa above proY1clecl.
Section 45. SATISFACTION OF LID BY LBVY, SALB, AND GARNISBllBNT. Such
revenue collector or tbe •heriff shall forthwith levy upon sufficient of the
property of the taxpayer, or any property used by such taxpayer in conducting
bi• retail bu•in•••, and •aid property so levied upon shall be sold in all
r .. pecta, witb like effect and in the sa .. manner as is prescribed by law in
re•pect to executiona againat property upon judg .. nt of a court of record,
and tbe re .. die• of 1arniabaents sball apply. The sheriff shall be entitled
to •ucb fees in executing such warrant as are allowed by law for similar services.
Section 46. RBLBASE OF LIEN. Any lien for taxes as shown on tbe records
of tbe county clerk8 and recorders as herein provided shall, upon the pay .. nt
of all taxes, penalties and interest covered thereby, be released by the City
Treaaurer in tbe •aae ... nner as mortgages or judgments are released.
Section 47. ll8COVDY OP UNPAID TAX BY ACTION AT LAW.
47-1. Tbe City Treaaurer ma 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 of failure to pay the taxes, or any portion thereof, or
any penalty or interest thereon, when due, the City Treaaurer may recover
at law tbe amount of such taxes, penalties and intere•t in any justice,
county or di•trict court of tbe county wherein the taxpayer resides or bas
bi• principal place of business having jurisdiction of the amounts sought to
be collected.
47-3. Tb• return of tbe taxpayer or the assessment aade by tbe City
Treasurer, aa herein provided, shall be prima facie proof of the a11e>unt due.
47-4. Such actions aay be actions in attachments, and writs of attacbaent
aay be i••u•d to the con•table or sheriff, as the case aay be, and in any
•ucb proceedin1 no bond aball be required of the City Treasurer, nor shall any
conatable or •beriff require of tbe City Treasurer an indeanifying bond for
executin1 tbe writ of attacb .. nt, or writ of execution upon any Judsment
entered in •ucb proceeding•; and the City Treasurer may pro•ecute ap29als
or writ• of error in •ucb ca••• without the necessity of providin1 bond therefor.
47-5. It •ball be the duty of the City Attorney of tbe City, wben requested
by tbe City Treaaurer, to co ... nce action for the recovery of taxes due under this
ordinance, and tbi• re .. dy aball be in addition to all otber existing reaediea,
or re .. diea provided in tbia ordinance.
Section 48. CITY A PARTY TO TITLE ACTIONS FOR DETBIUllNATION OP LIBK. In
any action affectin1 tbe title to real estate or tbe ownership or rights to
poaa .. aion of per•onal property, the City may be made a party defendant for
the purpoae of obtainin1 a judsllent or determination of its lien upon the
property involved therein.
Section 41. CITY ~SUllBR llAY WAIVE PENALTY. The City Treasurer is
hereby authorized to waive, for sood cause shown, any penalty asseased as
in tbi• ordinance provided; and any interest iaposed in excess of six per cent
(&ti) per annua aball be dee .. d a penalty.
Section 50. PSTITIOKS BY AGGRIEVED TAXPAYDS TO SBT DARINGS. If any
peraon, bivln1 .. de a return and paid the tax provided for in tbis ordinance
f .. l• a11ri•••d by the aaaes• .. nt ... de upon bi• by the City Treasurer, be may
apply to the City Treaaurer by petition in writin1 within ten (10) days after
tbe notice i• aailed to bia, for a bearing and a correction of the amount of
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Minut .. of October 19, 1959
tbe tax ao aaaeaaed, in wbicb petition be shall set fortb tbe reaaoma wby
aucb bearin1 abould be 1ranted, and tbe amount by wbicb aucb tax abould be
reduced. Tb• City Treaaurer •ball notify tbe petitioner in writing of tbe
ti .. and place fixed by bi• for aucb bearing. After aucb bearing, tbe
City Treaaurer aball ... ke aucb order in tbe matter aa i• juat and lawful
and •ball furniab a copy of aucb order to tbe petitioner.
Section 51. D.cl810118 OP CITY TBBASURB&; MOTICB; Wllllf PINAL. Bvery
decialon of tbi City Treaaurer •ball be in writing, and notice thereof shall
be 11&iled to tbe vendor within ten (10) days, and all aucb decisions sball
beco .. final upon the expiration of thirty (30) days after notice of such
deciaion aball bave been mailed to tbe vendor, unless proceedings are begun
witbin aaid ti .. for review thereof ae herein provided.
lectiUll 52. RBVIBW OP CITY TRBASURIR'S DICISIOM. Should tbe applicant
for refund bi a11rieved at the final decision of the City Treasurer, be may
proceed to have aaae reviewed by the courts in tbe ... nner provided for review
of other deciaioma of tbe City Treaaurer hereunder, such review to be in the
Diatrict Court of the Bi1bteentb Juducial District of tbe State of Colorado.
52-1. Dutiea of the City Treaaurer herein provided ... Y be performed by
any qualified deputy.
Section 53. UVID BOND PILBD WITH CITY TRBASUUR. Before making
application tO tbe Diatric.t Court under Rule .10ti (a) (4) of tbe Colorado
au1 .. of Civil Procedure, the party making such application shall .file with
tbe City Treaaurer a bond in twice tbe amount of tbe taxes, interest and
ot._r cbar1e• audited and stated in the determination and decision of the
City Treaaurer, with aurety as is now provided in other case• of appeal, or
at bi• option ... Y deposit lawful money of the United State• in the sa ..
... nner aa herein provided.
Section 54. UVID IN DISTRICT COURT.
54-1. Tbe Diatrict Court of the Bigbteentb Judicial Diatrict of tbe
State of Colorado aball have original jurisdiction in proceedings to review
all qu .. tiona of law and fact determined by the City Treaaurer in adainis-
terins tbe proviaion• of this ordinance !·by writ under Rule 108 (a) ~C)t b•
tbe Colorado Rule• of Civil Prodedure.
54-2. Such write shall be issued by the Clerk of the Court upon a
verified petition of tbe taxpayer, filed within twenty (20) days after' .. :notice
of tbe deciaion of the City Treaaurer in any such matter.
54-3. Tbe writ aball be served within five (5) day• after its iaauance
and aball be returnable at aucb ti .. as the Court ... Y determine, not leas
than ten (10) day• nor more than twenty (20) days after tbe date when tbe
writ waa iaaued. The City Treaaurer shall forthwith certify the record of
bi• proceedin1• to aaid Court.
54-4. Tbe procedure thereunder shall be in conformity with the Rule•
of Civil Procedure of the State of Colorado.
Section 55. RBVIBW OP DISTRICT COURT DBCISIOMS BY SUPRIMI COURT.
Tbe deClalon of the Diatrict Court may be reviewed in the Supreme Court
upon writ of error by any party.
Section 56. NaI'ICBS TO BB SENT RBGISTBRED OR CBRTIPIBD llAIL. All
notice• required to be 1iven to tbe retailer or vendor under tbe proviaiona
of tbia ordinance aball be in writing and if mailed postpaid by certified
or re1iatered ... il "return receipt requeated" to him at bis laat known
addr .. a, aball be aufficient for tbe purpose of tbis ordinance.
Section 57. llKARINGS TO BB HELD IN CITY. Every bearin1 before tbe
City Treaaurer aball be held in the City ofFBRg! .. dod.
Section 58. LICB1f8& AJO) TAX; IN ADDITION TO ALL C1l'HBll TAXES. The
licenae and tax iapoaed by tbia ordinance •ball be in addition to all other
licena .. , and taxea iapoaed by law, except as herein otherwiae provided.
Section 59. ADlllNISTRATION OP ORDINAllCB JBY CITY TBBASURBR. Tbe ad-
ainiatratlon of tbe licenain1 proviaions of this ordinance is hereby
v .. ted in tbe City Treaaurer; and tbe ~U•in~~tration of all tbe other
proviaiona of tbia ordinance i• hereby vested in and shall be exercised
by tbe City Treaaurer, wbo aball prescribe for .. and reaaonable rules and
rel\llationa in conforaity with this ordinance for tbe makin1 of returns, for
tbe aacertainaent, aaaeaa .. nt and collection of tbe taxea iaposed hereunder,
and for the proper adainistration and enforceaent hereof.
Section 60. PUBPOSB OP TAX; DISTRIBUTION OF PROCKDS. The Council
of tbe city hereby declared that the purpose of the levy of the taxes iapoaed
by tbi• ordinance ia for the raising of funds for the pay .. nt of expenses
of operatin1 the City and for capital improvement•; and in accordance witb
tb .. • purpoa .. , all of the proceeds ofs said tax aball be placed in and becoae
a part of a "Sal .. Tax Pund" of the City.
481
Minut .. of October 19, 1959
Section 61. STATUTE OF LIMITATIOMS.
61-1. Tbe taxes for any period, together with intereat thereon and
penaltiea with reapect thereto, imposed by this ordinance aball not be
aaaeaaed, nor •ball any notice of lien be filed, or distraint warrant be
i .. ued, or auit for collection be instituted, or any other a~tion to collect
tbe aa .. be co ... nced, 11e>re that three (3) years after the date on wbicb tbe
tax waa or i• payable. Nor shall any lien continue after auch period, except
for taxee aaaeaaed before the expiration of such period, notice of lien with
reapect to which baa been filed prior to the expiration of such period; in
wbich caae• auch lien ahall continue only for one year after the filing of
notice thereof.
61-2. In caae of a false or fraudulent return with intent to evade
tax~ together with intereat and penalties thereon, ... Y be aaa•ssed, or
proceedin19 for the collection of such taxes 11&y be belUD at any time.
61-3. Before the expiration of such period of liaitation, the tax-
payer and the City Treaaurer ... Y agree in writing to an extenaion thereof,
and tbe period •o agreed on ... Y be extended by subeequent agree .. nts in
writin1.
Section 62. SBVmL\BILITY. If any section, subaection, paragraph,
aentence, clauae, or phraae of thi• ordinance is for any reaaon held or
decided to be unconatitutional, auch decision shall not affect the validity
of the re11&ining portion• of tbi• ordinance. The City Council hereby de-
clar .. tbat it would have paaaed this ordinance and each section, subsection,·
••ntence, clauae, and pbraae thereof, irrespective of the fact that any one
or 11e>re aectiona, aubaectiona, sentences, clauses or pbra•e• aight be de-
clared unconatitutional.
Section 63. OPTION OF UMITTIMG OifB-HALF COLORADO SALBS TAX. The
City Treaaurer •ball by rule give retailers the option of reaitting to
the City Treaaurer for any 11e>nth an a11e>unt equal to one-half of the re-
aittance 11&d• by or for th•• to the State Treaaurer for the Colorado retail
aal•• tax for the aa .. llODth, for sales made or service• perfor .. d in tbe
City of Bnglewood. Such rellittance shall be in lieu of tbe 110ntbly reait-
tanc•• required by Section 12; and all the provision• of tbia ordinance
applicable to the 11e>nthly reaittance• under Section 12 shall be applicable
to the optional rellittance• peraitted by this Section 63.
Section 64. BXPIBATION OF SALES TAX. The City Retail Sales Tax aball
continue to bi iaposed until the adoption of a new ordinance to the contrary.
Section 65. VIOLATIONS; EVASION OF COLLECTION OR PAYlll1'T OF TAX.
It ab&ll bi a violation of this ordinance for any retailer or vendor to
refuae to 11&ke any return provided to be made in thi• ordinance, or to
ll&ke any falae or fraudulent return, or any false stateaent in any return
or to fail ._ refute to aake pay .. nt to the City Treasurer •f any taxes
collected or due the City, or in any aanner to evade the collection and
pay .. nt of the tax, or any part thereof, imposed by this ordinance, or for
any peraon or purchaaer to fail •r refute to pay such tax or evade the pay-
.. nt thereof, or to aid or abet another in any atteapt to evade the pay-
.. nt of the tax iaposed by thia ordinance. Any corporation aaking a false
return or a return containing a false state119nt shall be guilty of a vio-
lation of tbi• ordinance.
65-1. PKlfALTY. Any person who shall violate any of tbe proviaiona of
tbi• ordinance shall be guilty of a violation hereof and •ball be puniahed
by a fine not to exceed Three Hundred Dollars ($300.00) or iapriaonaent not
to exceed ninety (90) days.
65-2. &a.ch and every twenty-four (24) hours continuation of any
violation •ball constitute a distinct and separate offenae.
Section 66. Tbi• ordinance shall become effective on the lat day of
January, A.D. 1960.
Paaaed on •trat Beading by the City Council of tbe City of Bnglewood,
Colorado, tbi• 19th day of October A.D., 1959, and ordered publiabed in full
in the .... lewood Herald and Bnterprise.
/'/'~liyor
ATTSST:
waa read for the first
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Minutes of October 19, 1959
COUJICILllAlf llARTilf MOVED, COUlfCILllAlf BROllfBWBLL SBCOXDD, THAT TBB BILL
B• ACCSPTXD AJQ) PASSED Olf FIRST READING AND ORDERED PUBLISJmD IB PULL IR TBB
Bi.iLmfOOD lmaALD AND BlfTBBPllISE. Upon the call of the roll, the vote resulted
a• tollOW8:
Ayea: Councilaen Brownewell, Graham, Bill, Kreilins, llartin, Woods.
lfay•: lfone.
Ablent: Councilmen Braun, llcLellan, Scott.
Tb• Actins llayor declared the motion carried.
CIVIL SUIT AGAINST CITY CLERK RIGARDING CAMDIDACY
Tb• City Attorney reported to the City Council that the City Clerk bad
been •u•d by two gentleaen reaiding within the Scenic View area when be did
not allow their noainationpetitions as being sufficient and called to their
attention that tbeJ bad not been within the City tor the three year period
aa required by the Charter. Discussion ensued.
COUll::ILllAlf Wom>S MOVED, COOlfCILllAlf KRBILilfG SBCOlfDm>, THAT TBB CITY
ATl'mlUY BK AUTllORIUD TO DD'BlfD TllB CITY CLBRK OB UllALP OP TBB CITY 11f
Tiii SUIT BY TD BLETORS WHO SBBK CAMDIDACY IM TllB CITY BLICTI01f. Upon
the call of the roll, the vote resulted as follows:
Aye•: Council .. n Brownewell, Graham, Hill, Kreilins, llartin, Woods.
Kay•: Hone.
Absent: Councilaen Braun, llcLellan, Scott.
Tbe Actins Mayor declared the motion carried.
'IW&A81Jm'S UPORT POR TllB MONTH ENDING SBPTmBa 30TB
Tbe City Treaaurer reported that balances were available for each of
the appropriationa with the exception of the Parks and Recreation Appro-
priation. lie •tated that this over expenditure was due to the authoriza-
tion by the Council of an unbudleted expenditure for sanitary facilities
at Denny Mill•rr Field.
Tb• City Ila.Dager stated that be would advise the Council to ... ke trans-
ferm to cover tbeae additional appropriations authorized throughout the ·
year which will cause certain departments to exceed their budgeted estimates
at the end of this year.
RBPORT Olf SEAL-COATING PROGRAll
J'b• City llanager reported that the Arapahoe County crew• were ready
to besin the •eal-coatin1 on Wedneaday, October 21st. lie stated be bad
ever reaaon to believe that they would be able to begin the work on this
date.
COIOIUlfICATIOlf FROM MR. EDWARD T. PACA
Tb• City llana1er read a letter addressed to the City Council fro•
llr. Bdwaltd T. Pa.ca, 4306 South Washin1ton Street, reque•tiDI tbat tbe
City not iapoae a sales tax, correct the location of tramray stops in
the City, prohibit individuals from displayin1 mercbandis• on public
risbt-of-way, and a general request that the Council obey desires of tbe
inhabitant• of the co .. unity on these various matters. The Acting llayor
aaked that tbe coaaunication be placed on file.
ADJOURN
COUJl:ILllAlf HILL llOVm>, COOlfCILllAlf llARTilf SBC01fDBD, THAT TBB DBTllfG
BB ADJOURJmD. Upon the call of the roll, the vote reaulted aa follows:
Aye•: Councilaen Brownewell, Graham, Hill, Kreilin1, llartin, Woods.
lfay•: lfone.
Absent: Councilaen Braun, llcLellan, Scott.
Tbe Acting llayor declared the meeting adjourned at 1:45 A.M.
/s/ B. o. Beauaans
City Clerk, Clerk of the Council
Tbe ainute• of the aeeting of the City Council of the City of Bnslewood,
Colorado, held on tbe 19th day of October, 1959 A.D. stand approved aa written
tbi• 2nd day of lfoveaber, 1959 A.D.