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HomeMy WebLinkAbout1958-02-17 (Regular) Meeting MinutesTHE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO HELD ON MONDAY, THE 17TH DAY OF FEBRUARY A.D. 1958 at 8:00 P. M. • • • • • • • • • Mayor Scott called the session to order and Reverand c. A. Reydon of the Hampden Hills Baptist Church gave the invocation. • • • • • • • • • Mayor Scott called for roll call: PRESENT: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. ABSENT : None . . ... ·•· .... Councilman Braun moved ) Hill seconded ) that hearing be opened on assessments for Paving District No. 7. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods, and Scott. NAYS: None. ABSENT: None. There being no complaints or objections Councilman Graham moved ) Braun seconded ) that the hearing be closed. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Mr. Frank Clapp, who bad been asked to come before the Council, appeared in regard to the land that he wished to sell to the City. Mr. Rudd presented a map of the area and explained to ~be Council and llr. Clapp the possible future use of the land by the City and stated that it would be quite some time before it could be used practicably. Mr. Clapp stated that he was willing to wait for ·:.flllture developments. • • • • • • • • • A letter bearing forty-three signatures, protesting the proposal of one-way streets in the downtown shopping area was presented. Councilman Braun moved ) Hill seconded ) that the letter of protest be received. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • A statement for $1,769.00 from Dale M. Holben and Company covering the preparation of a special report on the Water Department, in two sections including expenses paid out, was presented. Councilman Brownewell moved ) Woods seconded ) and after discussion, Councilman GJ.·aham moved ) Braun seconded ) that the statement for services rendered by paid, to table the motion. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Planning Commission recommended approval of the request made by Mr. Garfield for · vacation of a portion of the alley between South Lincoln and South Sherman Streets in the 3600 Block and a small portion of Highway No. 70 right-of-way along the South side of East Jefferson Avenue; in exchange for dedication of an alternate alley entering South Q 2 • Sheraa.n present portion present Street, an increased turning radius at the intersection of the and the new proposed alley and paving of the new alley and that of the existing alley from the proposed building site to the parking area of the Tucker Building. The City Manager presented a map of the area. Councilman Hill moved ) McLellan seconded ) that the recommendation of the Planning Commission be approved and that the request of Mr. Garfield be granted. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Manager stated that the Planning Commission bad changed their meeting night to Thursdays following Council Sessions. • • • • • • • • • A report was received from the Zoning Board of Adjustment of their meeting held February 12, 1958. The report was received and filed. (Re: Broadhurst matter.) • • • • • • • • • Councilman Graham moved ). Braun seconded ) that the one-half February table. · bill for rezoning of the East of Block 6, Logandale, tabled 3, 1958, be raised from the AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Wood, and Scott. NAYS: None. ABSENT: None. • • • • • • • • • llr. John Hollberg stated that the Government had taken an option on the South one-half of the West side of the 3700 block on South Inca Street and that it should be rezoned from R-1-D (Residential) to M-1 (Industrial). Mr. Robert Gillpatrick, ~ho lives at 3890 South Galapago Street stated that there was plenty of la.nd available for a post office annex without rezoning this particular piece of land. Councilman Woods moved ) McLellan seconded ) that the zoning be changed from R-1-D to M-1. AYES: Braun, Brownewell, Graham, Kreiling, McLellan and Woods NAYS: Hill and Scott. ABSENT: None. • • • • • • • • • Councilman Woods asked that the Bill for an Ordinance for rezon- ing be presented and read in full. A BILL FOR AX ORDIN~E REZONING THE FOLLOWING DESCRIBED PROPERTY FROM R-1-D (RBSmBJITIAL) TO M-1 (lllDUSTRIAL) CLASSIFICATION, TO-WIT: UST SIDE OF THE 3700 BLOCK ON !'OU'l'H IMCA STREET BETWEEN SOUTH INCA STRUT AND TBB INCA-JASON ALLEY, MORE PARTICULARLY DESCRIBED AS: Lars 25 THROUGH 48 INCLUSIVE, BLOCK 6, LOGARDALB, CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: WllBRBAS, application heretofore has been made for the rezoning of certain property hereinafter described within the City of Englewood, Colorado, from R-1-D (Residential) to M-1 (Industrial) classification, and the City Planning co .. ission baa recommended approval of such change in zoning; and, WllBREAS, public notice bas been given of such proposed re- zoning by one publication in the Englewood Herald and Enterprise, a newspaper of general circulation within the City, and the official newspaper of the City, at leaat fifteen (15) days before the public bearing on such rezoning, and notice of such proposed rezoning bas been posted on the property for fifteen (15) consecutive days prior to such bearing, as required by ordinance; and, I I I I ,1 I WllBRBAS, public hearing was held pursuant to the aforesaid notice by the City Council of the City of Englewood in the Council Chambers of the City Hall, 3345 South Bannock Street, Englewood, Colorado, on the 3rd day of February, A.D. 1958, at the hour of 8 o'clock P.11., at which hearins nine persons appeared to protest or oppose the proposed change in zoning; and, WHBREAS, the public necessity, convenience, general welfare and good zonins practices justifies the change in zoning of the here- inafter described property from R-1-D (Residential) to M-1 (Insustrial) classification; NOW, THBRD'ORE, BB IT ORDAIHED BY THE CITY COUNCIL OF THE CITY OF BNGLDoa>, COLCllADO: Section l. The zoning of the hereinafter described property, located within the City of Englewood, Colorado, is hereby changed from R-1-D (Residential) to 11-1 (Industrial) classification, to-wit: West side of the 3700 Block on South Inca Street between South Inca Street and the Inca-Jason alley, more particularly described as: Lots 25 through 48 inclusive, Block 6, Logandale. Section 2. The City Council hereby finds, determines and declares that the hereinabove change in zoning is justified by the public necessity, convenience, general welfare and good zoning practices and that this ordinance is necessary for the immediate preservation of the public peace, health, safety and convenience. Section 3. In the opinion of the City Council an emergency exists; therefore, this ordinance shall take effect and be in force fro• and after its final passage and publication. Passed on First Reading by the City Council of the City of Bnslewood, Colorado, this 17th day of February, A.D. 1958, and ordered published in the ..,_ewood Herald and Enterprise. AT'rEST: Cl.ty Cl.erk Councilman Woods moved ) llcLellan seconded ) Mayor that the Bill just read be approved and passed on first reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Graham, Kreiling, McLellan, Woods. NAYS: Hill and Scott. ABSENT: None. The following Ordinance was presented and read: ORDINANCE NO. , SERIES OF 19 AH ORDINAHCE AllBNDING ORDINANCE NO. 15, SERIES OF 1956, BMTITLED, "AN ORDINANCE PRESCRIBING RULES AND REGULATIONS FOR THE OPERATION AND UIN- TENAHCE OP THE WATER SYSTEll OP THE CITY OF ENGLEWOOO, COLORADO," BY PROVIDING THEREIN FOR THE FIXING OF RATES FOR METERED SERVICE BY RBS<LUTION OF THB CITY COUNCIL, AND REPEALING ALL ORDINANCES ill> PARTS OF ORDINANCES IN CONFLICT HEREWITH. Councilman Braun moved ) Hill seconded ) that the Ordinance just read be introduced and passed on second reading as Ordinance No. 4, Series of 1958, and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following Bill for an Ordinance was presented and read in full: A BILL FOR AN ORDINANCE VACATING THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE or COLORADO, TO-WIT: THE NORTH 16 FEET OF Lar 5, MITCHEll'S SUBDIVISION (PRIOR) DUD TO CITY BY SCHOOL FOR ALLEY PURPOSES) ; THE NORTH 117 FEBT OF THE ALLEY IN lllTCllE)('S SUBDIVISION; THE ALLEYS IN BLOCKS 5, 6, AND 7, llANSFIELD ADDITION; THAT PART OF SOUI'H WASHINGTON STRBBT LYING BETWEEN BLOCKS 1 AND 8, llANSFIELD ADDITION, FROll THE SOUI'H LINE OF EAST LEHIGH AVENUE (NOW VACATED) TO THE NORTH LINE OF EAST llAllSFIBLD AVENUE; THAT PART OF SOUTH PEARL STREET LYING BETWEEN BLOCKS 6 AND 7, llANSFIBLD ADDITION, FROll THE SOUTH LINE OF EAST LEHIGH AVENUE (NOW VACATED)TO THE NORTH LINE OP EAST llANSFIELD AVENUE; THAT PART OF SOOTH PENNSYLVANIA STREBT LYING BETWEEN BLOCKS 5 AMI> 6, llABSFIELD ADDITION, FROll THE SOUTH LINE OF EAST LEHIGH AVENUE (NOW VACATED) TO TBB NORTH LINE OF EAST MANSFIELD AVENUE; PURSUANT TO CHAPl'ER 217, SESSION LAWS OF COLORADO, 1949, AND RESERVING EXISTING EASEllEMTS AS SET FORTH IN SAID SESSION LAWS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the following property described as: The North 16 feet of Lot 5, Mitchem's Subdivision (prior deed to City by School for alley purposes); the North 117 feet of the alley in 111tchem'·s Subdivision; the alleys in Blocks 5, 6, and 7, Mansfield Addition; that part of South Washington Street lying between Blocks 7 and 8, Mansfield Addition, from the South line of East Lehigh Avenue (Now vacated) to the North line of East Mansfield Avenue; that part of South Pearl Street lying between Blocks 6 and 7, Mansfield Addition, from the South line of East Lehigh Avenue (now vacated) to the North line of East Mansfield Avenue; that part of South Pennsylvania Street lying between Blocks 5 and 6, Mansfield Addition, from the South line of East Lehigh Avenue (now vacated) to the North line of East Mansfield Avenue; is located entirely within the city limits of the City of Englewood, Colorado, and does not constitute a boundary line between said City and any county or other municipality. Section 2. That the vacation of said portions of streets and alleys will not leave any adjoining land without an established public road connecting said land with another established public road. Section 3. That the following described property: The North 16 feet of Lot 5, Mitchea's Subdivision (prior deed to City by School for alley purposes); the North 117 feet of the alley in Mitchem's Subdivision; the alleys in Blocks 5, 6 and 7, Mansfield Addition; that part of South Washington Street lying between Blocks 7 and 8, Mansfield Addition, from the South line of East Lehigh Avenue (now vacated) to the North line of East Mansfield Avenue; that part of South Pearl Street lying between Blocks 6 and 7, Mansfield Addition, from the South line of East Lehigh Avenue (now vacated) to the North line of East Mansfield Avenue; that part of South Pennsylvania Street lying between Blocks 5 and 6, Man•field Addition, from the South line of East Lehigh Avenue (now vacated) to the North line of East Mansfield Avenue, be, and it is hereby declared vacated pursuant to the provisions of Chapter 217, Session Laws of Colorado, 1949, and title to said vacated roadways and alleys shall vest in the owners of the abutting land as provided by statute. Section 4. That the City of Englewood expressly reserves for continued use existing rights of way or easements for sewer, gas, water or similar pipe lines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone and similar lines and appurtenances. Section 5. The City Council hereby finds, determines and declares that this Ordinance is necessary for the immediate preserva- tion of the public peace, health, safety and convenience. Section 6. In the opinion of the City Council, an emergency exists; therefore, this Ordinance shall take effect and be in force fro• and after its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 17th day of February, A.D., 1958, and ordered published in the Englewood Herald and Enterprise. ATTEST: City Clerk Councilman Brownewell moved ) Kreiling seconded ) Mayor that the Bill just read be approved and passed on First Reading and ordered published in the Englewood Herald and Enterprise. I I I I I I I I full: AYES: Braun , Brownewell , Graham , Hill, Kreiling , McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following Bill for an 01dinance was presented and read in A BILL FOR AN ORD I NANCE FOR THE CONVEYANCE OF A TRACT OF LAND LOCATED IN SECTION 3, TOWNSHIP 5 SOtrrH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO, TO SCHOOL DISTRICT NUMBER ONE, ARAPAHOE COUNTY, COLORADO, IN EXCHANGE FOR A TRACT OF LAND IN SAID SECTION TO BE USED BY THE CITY OF ENGLEWoa>, COLORADO, FOR THE WIDEN- ING OF THE RIGHT OF WAY OF THE 3700 BLOCK ON SOtrrH LOGAN STREET; RATIFYING AND CONFIRMING THE PAYMENT THEREFOR, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A QUI'f CLAIM DEED. WHEREAS, by resolution adopted September 17, 1956, the City Council of the City of Englewood authorized the acquisition, with School District Number One, Arapahoe County, Colorado, of certain lands in the 3700 Block on South Logan Street for highway and school purposes, described as follows: A tract of land described as: Befinning at a point on the North boundary of SJ of NEt of Section 3, Township 5 South, Range 68 We st, 1324 feet E of NW corner of said 80-acre tract and running thence East along said North boundary line 326 feet to point; thence South parallel with West boundary of said 80-acre tract 256 feet 10 inches to a point; thence West parallel with South boundary line of said 80- acre tract 326 feet to point; thence North on a straight line 256 feet 9 inches to place of begin- ninK; EXCEPT that part described in Quit Claim Deed recorded September 23, 1949, in Book 649 at Page 64, Arapahoe County Colorado; A tract of land in Si of NEi of Section 3, Township 5 South, Range 68 West, described as follows: Commencing at a point 1065 feet North of the South boundary and 1324 feet East of the West boundary of Si of NEi of Section 3, and running thence East parallel with South boundary of said 80 acres, 326 feet to a point; thence South parallel with West boundary of said 80-acre tract, 175 feet to a point; thence West parallel with said South boundary of said 80-acre tract 326 feet to a point; thence North 175 feet to place of beginning, which includes North 1 foot of Kitchem's Subdivision, Arapahoe County, Colorado; EXCEPT tract described in Quit Claim Deed recorded January 14, 1950, in Book 661 at Page 445, Arapahoe County, Colorado; Lot 1, except the Korth one foot thereof, and all of Lots 2 and 3 and 4, Block l, Mitchem's Subdivision, Arapahoe County, Colorado, together with all improvements thereon; together with all water and water rights, ditches and ditch rights, appertaining thereto and located thereon; and WHEREAS, the aforesaid real property has been acquired jointly in the name of the said City and School District and adjust- ment of the payment therefor has been made in accordance with the fair proportions of said property to be used by the said City and School District; and, WHEREAS, the said City and School District are now desir- our of exchanging deeds in order that the portion of said land to be used by each of the parties shall stand in the separate names of the said parties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOO, COLORADO: Section 1. The llayor and City Clerk of the City of Englewood, Colorado, are hereby authorized and directed to execute to School District Number One, Arapahoe County, Colorado, in the name of the City of Englewood, a Quit Claim Deed for the following described property: '(} Beginning at a point 30 feet East of NW corner of SEi of NEi of Section 3, Township 5 South, Range 68 West; thence East along the North line of said SEi of NEi a distance of 296 feet; thence South 431.1 feet, more or less, to the NE corner of Mitchem's Subdivision; thence West along the North line of llitchea's Subdivision for a distance of 296 feet to the NW corner of Mitchem'& Subdivision; thence North parallel to the West line of said SEi of NEi of Section 3, a distance of 431.1 feet, more or less, to the point of beginning; together with all water and water rights, ditches and ditch rights, appertaining thereto and located thereon. Section 2. All acts of the officials and eaployees of the City of Englewood in the joint acquisition and payment for the hereinabOve des- cribed real property in Section 3, Township 5 South, Range 68 West of the Sixth Principal Meridian, Arapahoe County, Colorado, with School District Number One, A1 ·apahoe County, Colorado, are hereby ratified and confirmed. Section 3. The City Manager of the City of Englewood, Colorado, is hereby authorized and directed on behalf of the said City to accept conveyance from School District Number One, Arapahoe County, Colorado, of the following described real property to be used for and become a part of the right of way of the 3700 Block on South Logan Street in the City of Englewood: Beginning at a point 8.0 feet East of the NW corner of SEi of NEi, Section 3, Township 5 South, Range 68 West; thence South 431.1 feet, more or less, parallel to the West line of said SEi of NEi; thence East 22 feet, more or less, to the NE corner of Lot 1, Mitchem's Subdivision; thence North 431.l feet, more or less, to the North line of said SEi of NE !; thence West 22 feet to the point of beginning. Section 4. The City Council hereby finds, determines and declares this Ordinance is necessary for the immediate preservation of the public peace, health, safety and convenience. Section 5 . In the opinion of the City Council an emergency exists; therefore, this Ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the Qty of Englewood, Colorado, this 17th day of February, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. ATTEST: CTty C~erk Councilman Woods moved ) Graham seconded ) Mayor that the Bill just read be approved and passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Attorney made a report on moves to disconnect present lands in Englewood from outer Fire Protection Districts. • • • • • • * • • • The City Manager and the City Attorney, after a conterence with Walter Simons of the Yellow Cab Company, made the following recommendation to the City Council: That the City license twelve (12) cabs at $25.00 each, and also accept $125.00 additional in lieu of twenty five (25) specific taxi driver's licenses at $5.00 each, and that any valid taxi driver's license from an adjacent city be recognized in the City of Englewood; all and only for the year 1958, during which time the present Ordinance governing taxicabs will be re-negotiated and amended. I I I I I I Councilman Graham moved ) Hill seconded ) that the recommendation a8 presented be approved. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Manager reported that the sidewalk of the Graham Furniture Store, 3405 South Broadway, needed to be replaced and that the owner bad been notified. • • • • • • • • • Mr. Pearce, owner of the property in the 3200 Block on South Bannock Street, will start construction of sidewalks at onoe. • • • • • • • • • The City Manager was requested by the City Council at the session of February 3, 1958 to study and make a recommendation to the Council regarding a lease on land in the 'City Park to Mr. F. T. George of 4675 South Kalamatb Street, for a miniature golf course. A complete report was presented to the Council recommending that only those firms or service groups who would turn their profits back into the park be given consideration; this being an unofficial policy agreed upon before the City Manager form of Government was established in the City of Englewood. (Complete report in Clerk's file). Councilman Kreiling moved ) Brownewell seconded ) that the request of Mr. George be denied and that be be informed of the City's policy. AYES: Braun, Brownewell, Graham, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT: None. * * • * * • • • • Councilman Brownewell moved ) Braun seconded ) that all concessions in the City Park be granted to non-profit organizations. AYES: Braun, Brownewell, Hill, McLellan and Scott. NAYS: Graham, Kreiling and Woods. ABSENT: None. • • • * * • * * * A petition bearing twenty two signatures, requesting that llariposa Drive be changed to Bell Isle Drive, was presented. After discussion Councilman McLellan moved ) Kreiling seconded ) that the street name remain Mariposa Drive. AYES: Brownewell, Hill, Kreiling, McLellan and Scott. NAYS: Braun, Graham and Woods. ABSENT: None. • * * * * * * * * The City Manager transmitted to each councilman, procedure in a new City shop-garage movement. • • • • • • • • • The City Manager reported that Denver was refusing any sewer tap permits in the Scenic View area, and stated that the CitJ could get per- mission to use the Valley Sanitation District line temporarily to handle sewa1e from the Scenic View area, and suggested documentation. The Council asked that the City Manager refer the matter to the Sewer and Water Advisory Board. • • • • • • • • • The City Manager stated that the City should take steps to annex a small strip within present West Hampden Avenue near railroad crossings to correct an oversight of many years ago. The Council asked the City llanager to contact the County Commissioners to ask them to petition for the annexation. • • • • • • • * • 7 ~ I I Councilman Graham moved ) Hill seconded ) that the recommendation &8 presented be approved. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Manager reported that the sidewalk of the Graham Furniture Store, 3405 South Broadway, needed to be replaced and that the owner bad been notified. • • • • • • • • • Mr. Pearce, owner of the property in the 3200 Block on South Bannock Street, will start construction of sidewalks at onoe. • • • • • • • • • The City Manager was requested by the City Council at the session of February 3, 1958 to study and make a recommendation to the Council regarding a lease on land in the City Park to Mr. F. T. George of 4675 South Kalamath Street, for a miniature golf course. A complete report was presented to the Council recommending that only those firms or service groups who would turn their profits back into the park be given consideration; this being an unofficial policy agreed upon before the City Manager form of Government was established in the City of Englewood. (Complete report in Clerk's file). Councilman Kreiling moved ) Brownewell seconded ) that the request of Mr. George be denied and that he be informed of the City's policy. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Councilman Brownewell moved ) Braun seconded ) that all concessions in the City Park be granted to non-profit organizations. AYES: Braun, Brownewell, Hill, McLellan and Scott. NAYS: Graham, Kreiling and Woods. ABSENT: None. • • • • • • • • • A petition bearing twenty two signatures, requesting that Mariposa Drive be changed to Bell Isle Drive, was presented. After discussion Councilman McLellan moved ) Kreiling seconded ) that the street name remain Mariposa Drive. AYES: Brownewell, Hill, Kreiling, McLellan and Scott. NAYS: Braun, Graham and Woods. ABSENT: None. • • • • • • • • • The City Manager transmitted to each councilman, procedure in a new City shop-garage movement. • • • • • • • • • The City llanager reported that Denver was refusing any sewer tap peraits in the Scenic View area, and stated that the CitJ could get per- mission to use the Valley Sanitation District line temporarily to handle sewage from the Scenic View area, and suggested documentation. The Council asked that the City Manager refer the matter to the Sewer and Water Advisory Board. • • • • • • • • • The City Manager stated that the City should take steps to annex a small strip within present West Hampden Avenue near railroad crossings to correct an oversight of aany years ago. The Council asked the City Manager to contact the County Commissioners to ask them to petition for the annexation. • • • • • • • • • 8 Tbe City llana1er presented to all councilmen a summary of proposed Paving District No. 8, with estimates, and recommended that tbe bond houses be contacted for proposals to bandl•; same to be filed with the City Ila.Dager before 12:00 o'clock noon on February 28, 1958, to provide time for tabula- tion before Council conaideration on March 3, 1958. Councilman Braun llOVed ) McLellan seconded ) to approve tbe reco ... adation. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Tbe following persons appeared to ask if their block in tbe Paving District No. 8 could be deleted: Reverend Sanford E. Oakes Mrs. Clarence M. Short Mr. Vollmers 4760 South Kalamatb 4784 South Kalama.th 4775 South Kalama.th They were requested to contact Tallmage and Tallmage, tbe attorneys who prepare tbe Ordinances on Paving Districts. • • • • • • • • • Tbe City Mana1er 1ave a report on liability insurance proposal•. • • • • • • • • • Tbe following Bill for an Ordinance was presented and read in full: A BILL POil AN ORDINANCB APPROVING TU WHOLB COST OF THE IMPROVEMENTS llADB IN AIU> POR PAVING DISTRICT 1'0. 7, IN TBB CITY OP BNGLDoa>, COLORADO; APPROVING ill> co•- FIRlllNG TBB APPORTIONlll1'T or SAID COST TO BACH Lar OR TRACT or LAIU> IN SAID DISTRICT; ASSBSSl1'G A SHARE or SAID COST AGAINST BACH Lar OR TRACT or LAID IN TBB DISTRICT; PRBSCRIBIRG TU 11ANNBR POR TBB COLLBCTION ARD PAYllBRT OF SAm ASSBSSllBNTS; ARD DECLARING AX BMBRGBNCY. WllBRBAS, there bas been compliance with all the provisions of law relatin1 to tbe construction of paving iaprovements in Paving District No. 7 in tbe City of Bnslewood, Colorado, created pursuant to Ordinance No. 19, Series of 1957, finally adopted and approved the 3rd day of June, 1957; and WllBRKAS, the ti11e for filing with tbe City Clerk of tbe City of Bnclewood, coaplaints or objections to tbe proceedings of tbe City Council baa elapsed; and WllBRBAS, there were no complaints or objections filed; and 1fllBRBAS, fro• the statement made and filed with the City Council, it appears that the whole cost of said improvements is tbe sua of $308,934.35, of which a110unt tbe City of Bnglewood will pay $80,832.96, leaving $228,101.39 to be assessed a1ainat the real property in said District, said &110unt includ- in1 coats of inspection, collection and other incidentals and also including interest as allowed by law; and WllKRKAS, fro• said statement it also appears that tbe City Council bas apportioned a share of the said whole cost to each lot or tract of land in said District, in accordance with tbe benefits to be derived by said pro- perty and in tbe proportions and a110unts severally set forth in a Resolution adopted by the City Council on tbe 20th day of January, 1958, and in public notice, published in the Bn1lewood Herald and Enterprise on January 23, January 30 and February 6, 1958, which Resolution and notice are by reference made a part hereof; NOi, TBBRBFORB, BB IT ORDAINED BY THB CITY COUlfCIL or TD CITY OF BRGLBWom>, IN TBB STATE OP COLORADO: Section 1. That tbe whole cost and apportion .. nt of tbe same, as set forth in said Resolution and notice is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance witb tbe benefits wbicb tbe property in said District will receive by reason of tbe construction of said iaprovements, and a share of said coat is hereby assessed to and upon each lot or tract of land within tbe District in the proportions and a110unts set forth in said Resolution and notice. I I I I I I Section 2. That said .. sessments shall be due and parable at tbe office of tbe City Treasurer, within thirty days after the final publication of tbi• Ordinance, without deaand; provided, that all such aasessaents may, at the election of the owner be paid in install .. nts, with interest as here- inafter provided. Failure to pay the whole assessment within said period of thirty daya aball be conclusively considered and held an election on tb• part of all peraona intereated, whether under disability or otbenriae, to pay in aucb inata11 .. nta. In caae of aucb election to pay in inatall .. nts, tbe aaaeas .. nts shall be payable at the off ice of the County Treaaurer of Arapahoe County, Colorado, in ten (10) equal annual installments of principal, the first of which inatallments of principal shall be due and payable on or be- fore the first day of July, 1958, and the remainder of said inatallments shall be due and payable successively on or before the sa .. day in each year thereafter, until paid in full, with interest in all case• on the unpaid principal at the rate of six per centum (61) per annua, payable annually at the ti .. of paying installments of principal. Failure to pay any inatall .. nt, whether of principal or interest, when due, shall cause the wbola of the un- paid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pay the amount of all unpaid install ... nts with in- terest at one per centum per month or fraction of a month upon all delinquent insta11 .. nts, and all penalties accrued, and shall thereupon be restored to tbe right thereafter to pay in installments in the same manner as if default bad not been suffered. The owner of any property not in default as to any installment or payment, may, at any time, pay the whole of the unpaid prin- cipal, with accrued interest to the maturity of the next installment of interest or principal. Payments aay be made to the City Treasurer at any ti .. within thirty days after the final publication of this Ordinance, and an allowance of five per centum (51) will be made on all payments made during such period, but not thereafter. Immediately after the expiration of said thirty day period, said assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 3. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book kept for that purpose, aball be authen- ticated by the signature of the Mayor and City Clerk, and shall be published in tbe BDglewood Herald and Enterprise, a newspaper of general circulation published in said City, shall take effect and be in force upon the expira- tion of five days after it is so published, and shall be and remain irre- pealable until the assessments hereby made shall be paid in full. Section 4. Since it is imperative that said assessment shall be placed in the bands of the County Treasurer at the earliest possible time, it is hereby declared that this Ordinance is immediately necessary for the public peace, health and safety, and that it shall take effect five days after its final publication. INTRa:>UCED AND READ This 17th day of February, 1958. llayor ( S E A L ) ATl'EST: CrtY-c-Ier-ii Councilman McLellan moved ) Hill seconded ) that the Bill just read be approved and passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, G1 ·aham, Hill, Kreiling, McLellan Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Mayor Scott gave a report on the Inter-County Regional Planning Commission Meeting. etc. • • • • • • • • • The Mayor asked that $500.00 be budgeted to the Police Court for files, Councilman Hill moved ) McLellan seconded ) that the Police Court be given an an additional $500.00. AYES: Braun, Brownewell, Graham , Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSEMT: None. • • • • • • • • • -Councilman Graham moved ) Braun seconded ) that an audit be made of the Police Court Docket. AYES: NAYS: Braun, Brownewell, Graham , Hill, Kreiling, McLellan, Woods and Scott. None. ABSENT: None. • • • • • • • • • The Council recommended that a lette1· be given to the Colorado Central Power Coapany thanking them for the very comprehensive presentation of the street lighting. • • • • • • • • • councilman Graham moved ) Brownewell seconded ) to recess to Wednesday, the 19tb day of February 1958 at 8:45 o'clock P.M. AYES: Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: Braun. ABSENT: None. • • • • • • • • • RBCBSSBD SBSSIOlf OF THE CITY COUNTIL OP TRB CITY O'I B1'GLDO<I>, COLORADO, FROll TBB 17tb DAY OP FIBRUARY, 1958 HELD ON WEDNESDAY, FEBRUARY 19, 1958 Af 8:45 P.M. • • • • • • • • • llayor Scott called the meeting to order and asked for roll call: PRESENT: Braun, Brownewell, Graham, Hill, Kreiling, Woods and Scott. ABSENT: McLellan. • • • • • • • • • The llayor stated that the petition for which the session bad been recessed bad not been signed; whereupon , Councilman Graham moved ) Brownewell seconded ) to recess to Monday, February 24, 1958 at 8:00 P.M. AYES: Brownewell, Graham, Hill, Kreiling,Woods and Scott. NAYS: Braun. ABSENT: McLellan. • • • • • • • • • FIBAL UCB8SBD SISSION OF THE CITY COOMCIL OP TBB CITY OP llfGLBWOOD, COLORADO FROll TBB 19tb DAY OF FIBRUARY 1958 BBLD OM MONDAY, FEBRUARY 24, 1958 Af 8:00 P.M. • • • • • • • • • Mayor Scott called the meeting to order and called for roll call: PRESENT: Braun, Brownewell, Graham, Hill, McLellan, Woods and Scott. ABSENT: Kreiling. • • • • • • • • • Mayor Scott stated that the recessed meetings which were held for the passage of an Ordinance for the disconnection of certain property adjacent to Sheridan could not be handled at this time. llr. Dwight Hamilton, attorney for the City of Sheridan stated that the Mayor of Denver bad not released the petition at this time. Councilman Graham moved ) Braun seconded ) to table consideration of the Ordinance until the next regular session. AYES: Braun, Brownewell, Graham, Hill, McLellan, Woods and Scott. NAYS: None. ABSENT: Kreiling. • • • • • • • • • I I I I Councilman Graham moved ) 81,aun seconded ) to adjourn. AYES: Braun, Brownewell , Graham, Hill, McLellan, Woods and Scot~. NAYS: None. ABSENT : None. • • • • • • • • • The minutes of the meeting of the City Council of the City of Englewood, Colorado,held this ~18•1Mbof February A. D. 1958, stand approved as corrected this 3rd day of March, 195 8. A. D. ATl'EST: ~ ~--City Clerk