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Home My WebLink About1958-04-07 (Regular) Meeting MinutesREGULAR SESSION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO HELD MONDAY THE 7TH DAY OF APRIL, 1958, A.D. AT 8:00 P.M. Tbe Meeting was called to order by Mayor Scott and tbe invocation was given by Reverend Stowell Sandmeyer of the Englewood Methodist Church. • • • • • • • • • llayor Scott asked for roll call. PRBSBMT: Braun, Brownewell, llartin, Graham, Bill, Kreiling, McLellan, Woods and Scott. ABSB1'1': Kone. • • • • • • • • • Councilman llcLellan moved ) Bill seconded ) tbat the minutes of tbe prior sessions be approved as corrected. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. KAYS : Kone . ABSBMT: Kone. • • • • • • • • • Tbe Mayor declared the bearing opened on the proposed rezoning of a tract 65 feet by 125 feet in the 3600 Block on South Lincoln Street fro• R-3 to C-1- Zone. There was no person present to oppose the rezoning, whereupon, Councilman Bill moved ) Graham seconded ) that the bearing be closed. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. KAYS: Kone. ABSENT: Kone. • • • • • • • • • Councilman Braun moved ) Kreiling seconded ) that the bearing on tbe propoaed rezonin1 of the Scenic View area be opened. City Plannin1 Director Joe Lacy, with the aid of a lar1e colored plat explained tbe reasons for a particular zoning of each area aa shown on the plat. Kr. Jaaes M. Butler stated that be is the owner of Lots 1 • 2, Block 1, Alta Vista Subdivision and that tbis property under the propoaed zonin1 would beco .. "P" Zone. Mr. Butler stated that under "P" Zone be would be unable to sell tbe property and wanted it zoned either Residential or Induatrial. Be baa inst•lled water lines on bis property. Mr. Walter Jesse of 1930 w. Baltic wants bis property to remain Residential and not Industrial. Mr. Dwayne Fox of 1985 W. Iliff Avenue, stated that be had taken a poll of bis block and that eleven wanted to remain residential, two wished to be Indus- trial and five would not sign, saying they didn't care. Mr. Cline of 1990 W. Baltic objects to "P" Zoning. Mr. Tito Garcia, 1848 West Baltic does not want "P" Zonin1 but be would be satisfied witb either Residential or Industrial. Mr. Jobn Underhill, 1801 w. Iliff wants bis block to be Residential. Mr. Dennis Kelley, 2393 West Warren stated be was satiafied witb bi• zoning but be wanted to know bow bis friends would be affected if tbey wanted to enlar1e or repair. Mr. Lacy explained the procedure to llr. Kelley. There bein1 no other protests, Councilman Brownewell moved ) McLellan seconded ) that tbe bearing be closed. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Kone. • • • • • • • • • .I I I I I I I The following was introduced and read in full as an Ordinance on First Reading. A BILL FOR Alf ORDilfAil::E REZONING THE FOLLOWING DESCRIBED PROPERTY FROll 11-1 (IIDUSTRIAL DISTRICT) AMI> R-1-A (RESIDENTIAL DISTRICT) TO THE VARIOUS CLASSIFICATIOlfS AS SHOWN OJf THE 11AP ATTACHED HERETO AND MADE A PART HEREOF: ALL OF TBOSB PmlTIOlfS OF SBCTIOMS 28, 33 and 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF TBB &TB PRillCIPAL llERIDIAlf, ARAPAHOE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBBD AS: ALL OF THAT PART OF THE PRESENT AREA OF THE CITY OF ENGLEWOOD LYING WEST OF TBB WBST LIRE OF sours BLATI STREET FROll WEST YALE AVENUE TO THE NORTH LIJfB OF UST BATES AVElfUE, AlfD ALL OF THAT PART OF THE CITY LYING WEST OF THE BAST RIGBT- 01'-WAY LIRE OF THE A. T. 8' S. F. RAILWAY COMPANY, CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: WHBREAS, application heretofore bas been made for the rezoning of certain property hereinafter described, within the City of Englewood, Colorado, fro• 11-1 (Industrial District) and R-1-A (Residential District) to the various classifications as shown on the map attached hereto and made a part hereof, and the City Planning Commission bas recommended approval of such change in zoning; and, WHEREAS, public notice bas been given of such proposed rezoning 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 least 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, WHEREAS, public bearing was held pursuant to the aforesaid notice by the City Council of the City of Englewood in the Council Chaabers of the City Ball, 3345 South Bannock Street, Englewood, Colorado, on the 7th day of April, A. D. 1958, at the hour of 8:00 P.11., at which bearing 7 persona appeared to protest or oppose the proposed change in zoning; and, WBEREAS, the public necessity, convenience, general welfare and good zoning practices justifies the change in zoning of the hereinafter described property fro• 11-1 (Industrial District) and R-1-A (Residential District) to the various classifications as shown on the map attached hereto and made a part hereof; NOW, TBBREFORE, BE IT ORDAINED BY THE CITY COUlfCIL OF THE CITY OF ENGLDOOD, COLORADO: Section l. The zoning of a part of the hereinafter described property, located within the City of Englewood, Colorado, is hereby changed fro• 11-1 (Industrial District) and R-1-A (Residential District) to the various classi- fications as shown on the map attached hereto and made a part hereof, to-wit: All of those portions of Sections 28, 33 and 34, Township 4, South, Range 68 West of the Sixth Principal Meridian, Arapahoe County, Colorado, more particularly described as: All of that part of the present area of the City of Englewood lying west of the west line of South Elati Street from West Yale Avenue to the North line of West Bates Avenue, and all of that part of the City lying west of the east right-of-way line of the A.T. & s. F. Railway Company, City of Inglewood, Arapahoe County,Colorado. Section 2. that the herelnabOve convenience, general is necessary for the and convenience. The City Council hereby finds, determines and declares change in zoning is justified by the public necessity, welfare and good zoning practices and that this ordinance immediate preservation of the public peace, health, safety Section 3. In the opinion of the City Council an eaergency 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 7th day of April, A.D. 1958, and ordered published in tbe EDflewood Herald and Enterprise. llayor ATTBST: City Clerk 29 Councilman Bill moved ) AYBS: KAYS: McLellan seconded ) that the Ordinance just read be passed on First Reading and ordered published in the Englewood Herald and Bnterprise. Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. Rone. ABSENT: Rone. • • • • • • • • • Councilman Brownewell moved ) llcLellan seconded ) that the city present to Planning Comaission a request for rezoning of parts of Scenic View. Council's request is that Block 77, Sheridan Heights, bounded by South Tejon Street, West Baltic Avenue, South Raritan Street and West Iliff Avenue be rezoned as R-1-D, that the entire "P" zone be eliainated, and that the present C-2 zone district along tbe West side of Santa Pe Drive fro• the North- ern City Liaita South to the present M-1 zone district boundary be rezoned fro• C-2 to M-2 except a strip 150 feet in depth adjacent to South Santa P• Drive along the West aide. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. RAYS: Rone. ABSENT: None. • • • • • • • • • Attorney Richard H. Simon representing Mrs. Friedrike Broadhurst, of 4332-40 South Lincoln Street made an appeal from the Planning Commission's denial for a change in zoning of both sides of 4300 block So. Lincoln "Lots 1 -24 Inc. , Block 39 and lots 25 -48 Inc., Block 40, So. Broadway Heights" (See record of Planning Co .. isaion Bearing dated March 13, 1958.) Mr. Simon asked that bis appeal be considered as an expreasion of dissatis- faction, and asked that the council bold a public bearing before making a decision. Councilaan Graham moved ) Martin seconded ) that Council have a public hearin1 llay 5, 1958 on the matter of the rezoning, as requested. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: McLellan. ABSENT: None. • • • • • • • • • Councilman llcLellan moved ) Woods seconded ) that the additional report aade by Mr. Dale Holben dated March 21, 1958 on Water Depart- ment matters, be received, and that the bill for the Special Report amounting to $1,789.00 be paid. AYBS: Brownewell, Martin, Bill,Kreiling, McLellan, Woods and Scott. RAYS: Braun. ABSENT: Graham. • • • • • • • • • Councilman Brownewell moved ) Bill seconded ) that the report of .Walter E. Heider, on Police Court accounting be received, and that bis bill in the amount of $380.00 be paid. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, llcLellan, Wooda and Scott. RAYS: Rone. ABSENT: None. • • • • • • • • • Councilman Graham moved ) Martin seconded ) that the accounting procedures as reco ... nded by Walter E. Heider be approved and adopted. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. RAYS: Rone. ABSENT: None. • • • • • • • • • The Water Advisory Board recommends that the City of Englewood adopt by Reaolution the following Miscellaneous Water Service Charges. I I I I PRIVATE FIRE SERVICE (Inside City) (a) Automati.c Sprinkler System ( Flat Charge) Present Englewood. Charges Size 01· Connection u" or Smaller 6" 8" 1011 ll" (b) Hydra.Tl ts (Private) each (c) Hydrants (Public) each Monthly Charge ' 3.00 6.00 12.00 21.00 35.00 4.00 2.00 PR I VATE FIRE SERVICE (O uts i de City) (a) Auto"'8.tic Sprinkler System (Fl~t Charge) Size of Connection Monthly-Charge 411 .,r Smaller $ 5.00 6" Jo.oo " 20.00 10" 35.00 12" 55.00 (b) Hydrants (Private) each 5.00 (c) Hydrants (Public) eAch 2.so / KISCELLAMEOOS WATm SERVICE CHARGES FIRE SERVICE Denver Charges Size of Connection 4" or Smaller 6" 8" 10" 12" Size 01' Connection 4" or ST11aller 6" 8• 10" 12" Monthly Charge $ 3.00 6eOO 12.00 21.00 35 ·.oo 4.00 22 • 50 per year Monthl;r Charge $ 5.00 J0.00 ~o.oo 35.00 ss.oo 5.00 Unknown Suggested &lglewood Charges Size 01· Connection 411 or Smaller 6" 8" 1011 12" Size oi" Connection 4" or Smaller 6" 8" 10" l~" Monthly Charge $ 3.00 6.00 12.oo 21.00 35.00 4.00 2.00 Monthly Charge $ s.oo 10.00 20.00 35.00 55.00 5.00 2.50 CMRACTORS CON::,'TRUCTION WATER When a co n tra~tor desires water ttur in~ the c onstructi on of a new house before the houae is occupied, the f ~llowing nat charge s hall be ni Ade and payable upon application for new water services Frame House Brick House Present Englewood Charges J.60 s.40 Denver C hargee Metered Metered Sue;gested Enelew ood Charges J.60 5.40 T .AN!< 'l'RUCK S.l!:RVICE Charges i"or all water obtained from a fire li.ydrmt hy a contractor or any other person t 'o r use in pu dd ling ditches, flushing or any other u se exce pt for J'l'IUnicipa1 purposes snall be pm. d to the City av the i'ollo\Jing rate~: Present Englewood Ch3rt;es Denver Charges Suggested Englewood Ch arges For use inside t he City .23 $~.oo ~n f cr 1st 5,000 gals plus .so per 1 1 000 gal excess b illed monthly .so per 1,000 gals billed monthly ($~.oo !1in. per month) For use outside the City .3~ Same except d"..ll"~ng water sncrtage .60 per 1 1 000 gals. billed monthly, - (,~.oo Min. per Month) Water s\'i.all be taken only t'rom hydrant designated by the Water Department at the time of the request for water. ill damage to the !'ire hydrant or surrounding pl'Opcrty shall be p aid t'or by the contractor or any other person obtaining the water. The user shall provide a separate fitting mld valve so as to elimi.nate t11e necessity of opening md closing the hydrant f'or each and every tank of water. The 'Water Col'lmissioner reserves the rieht to rerustt the above water service r,o any contractor or individual. Application shall be made at the Water Ile!'Artment . off'lce. -·-- PERMIT For any cormectj_on to be made to any of t l-te pipes or facilities of the City or to any pr i vately or publicly owned extension thereofa For any connection inside the City For an connection ou~side the City Present Englewood Cheree Denver Cnarge ~s .oo permit plus labor Labor charge on ly charge for making tap to main $7.00 permit plus Labor charge only labor c h arge for '11 akine tap to main Suggested Englewood Charge ~~.oo p e rmit pl·1s la or ~7.00 permit plus labor CHAHGE fl)~ A'!'BltIAL S In the case f p e.r ma::ient c or..n ections t o t h e mains 0f t e Ci ~ :·!ater S ~rste m or to any privately or ubl · cly owned ext ::1 Si on the re of , t e ~p p lice t t h r oug a licen sed pl umbe r s h all purc ~a~e fr om the Water De p art ent t he foJlowi:ig ate r ial s a t t e follow:Ln g p ri~es: ~orp o ra ti on s teps , curb stops 1 sto ' oxes , Mete r setting equi ent, m.e+.er p:tt covers and misc. S l'l l 1°j t t i ngs :eters: Ul sizes - Present J!.'nglewood Charee Invoi ced ~ st plus 20 % Invoiced cost plus 20% nver Charge Invoiced cost r lus ~ I~voiced Cost plus 20 ~ - uggested Eri!:lewo od Charge Invoi ~ed cost s 20 % S/8" x 3/4" ~ 3/4 Invoiced cost plus ~0 % 1" & l~" Invoiced c os+ plus 10 % 2 11 and ove r Invoiced c ost plus ~% - • - Councilaan Brownewell moved ) Hill seconded ) that Council resolve that the new Miscellaneous Water Service Charges recommended by the Water Advisory Board on April 2, 1958 be adopted , as pro- vided for in present Water Department regulations, and that said rates become effective July 1, 1958. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The Water Advisory Board recommended an amend~ent to Ordinance No. 15, Series of 1956, as follows: That the first sentence in Paragraph 20, Section A, Ordinance Ho. 15, Series of 1956, be amended to read as follows: owners of property with connections for residential use havin1 taps one (1) inch in diamenter or larger, for commercial use of any kind regardless of size of taps or service, and for residential use on pre- mises with permanently installed swimming pools filled from City supply, will be required to install water meters. Councilman Woods moved ) Braun seconded ) that the recommendation of the Water Advisory Board be approved, and that the City Attorney prepare an ordinance amending Ordinance Ho. 15, Series of 1956. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • • A memorandum was received from the Water Advisory Board regarding the Supreme Court cases relative to priority systems of controlling wells, and made the following recommendation. "That the City Attorney and Special Water Counsel be authorized to appear as amicus curiae, by brief, in Case Ho. 18469, Supreme Court and Action Ho. 7806 , District Court, Adams County, when the latter reaches the Supreme Court." Councilman Braun moved ) Woods seconded ) that the Council adopt the recommendation of the Water Advisory Board. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Reports were received from the Planning Board and the Zoning Board of Adjustment. • • • • • • • • • A Police report was received regarding Liquor outlets for the first quarter of 1958. • • • • • • • • • The following was introduced and read in full as an Ordinance on First Reading: A BILL FOR AN ORDINANCE AllBNDING THE DESCRIPTION OF THE LAND TO BB CONVEYED BY TBB CITY OF BllGLDO<I>, COLORADO, TO SCHOOL DISTRICT NUKBER ONE, ARAPAHOE COU1'1'Y COLORADO, IN ORDINAKCB HO. 9, SERIES OF 1958, BY ADDING THERETO LOI' 1, BXCBPI' THI NORTH l Poor THBRBOF, AND ALL OF LOO'S 2, 3, AND 4, BLOCK 1, MITCHEll'S SUBDIVISION, ARAPAHOE COUMTY, COLatADO. BB IT ORDAINED BY THI CITY COUNCIL OF THE CITY OF BNGLBWO<I>, COLORADO: Section l. Section l of Ordinance No. 9, Series of 1958, is hereby aaended to read as follows: • I I I I I I I I ''Section l. The Mayor and City Clerk of the City of Englewood, Colorado, are hereby authorized111d 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 RBi 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 Mitchem's Subdivision for a distance of 296 feet to the NW corner of Mitchem's Subdivision; thence North parallel to the West line of said SEi of NEi of Section 3, a distance of 431.l feet, more or less, to the point of beginning, and Lot l, except the North l foot thereof, and all of Lots 2, 3 and 4, Block 1, Mitchem's Subdivision, to- gether with all water and water rights, ditches and ditch rights, appertaining thereto and located thereon." Section 2. The City Council hereby finds, deteraines and declares this ordinance ls 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 Englewood, Colorado, this 7 day of April, A.D. 1958, and ordered published in the En1lewood Herald and Enterprise. llayor ATl'EST: C1ty -CiiirlC Councilman Graham moved ) Brownewell seconded ) that the Ordinance just read be passed on First Reading and ordered published in the Englewood Herald • Enterprise. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSEMT: None. • • • • • • • • • The City Attorney made a report on the annexation petition for Blocks 10 and 11 Southlawn Gardens, "a tract of land in College View"; The attorney stated that the petition was invalid because of insufficient signatures. Councilman Graham moved ) Bill seconded ) that the petition be denied on the grounds of insufficient signatures. AYBS: Braun, Brownewell, Martin, Graham, Hill, L ·eiling, McLellan, Woods and Scott. NAYS: None. ABSEMT : None. • • • • • • • • • The followin1 was introduced and read in full as an Ordinance on First Reading. A BILL FOR Alf ORDINAltCB REZONING THE FOLLOWING DESCRIBED PROPERTY FROll R-3 (RBSIDBMTIAL) TO C-1 (COllllBRCIAL) CLASSIFICATION, TO-WIT: THE SOUTH 15 FBBT OF Lor 12, ill> ALL OF Lars 13 and 14 IX BLOCK 2, BIGGINS BROADWAY ADDITION, CITY OF BXGLDC>m>, ARAPABOB COOMTY, COLORADO. BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLDOCI>, COLORADO: WRBRBAS, application heretofore has been made for tbe rezoning of certain property hereinafter described, within the City of Bn1lewood, Colorado, fro• R-3 (Residential) to C-1 (Collll8rcial) classification, and tbe City Plannin1 co .. ission has recoaaended approval of such cban1e in zonin1; and, WBBRBAS, public notice baa been 1iven of such propo•ed rezoniDI by one publication in the Bn1lewood Herald and Enterprise, a new•paper of 1eneral circulation witbin the city, and the official newspaper of tbe City, at least fifteen (15) jl&Y• before the public bearing on such rezonin1, and notice of sucb propose~~zonin1 bas been poated on the property for fifteen (15) conaecu- ti ve days prior to such bearin1, as required by ordinance; and, WBBRBAS, public bearing was held pursuant to the afore•aid notice by the City Council of the City of Bn1lewood in the Council Cbaabera of the City Ball, 3345 South Bannock Street, Bn1lewood, Colorado, on tbe 7tb day of April, A.D. 1958, at the hour of 8:00 P.M., at wbicb bearin1 no persona appeared to protest or oppose the proposed change in zoning; and, WllBRBAS, tbe public necessity, convenience, general welfare and SoOd zoning practices justifies the change in zoning of the hereinafter described property from R-3 (Residential to C-1 (Commercial) classification; KOi, TBBREFORE, BB IT ORDAINED BY THE CITY COUNCIL OP THE CITY °' BlfGLBWOCI>, COLORADO: Section l. The zoning of the hereinafter described property, located witbin the city Of Bnglewood, Colorado, is hereby changed from R-3 (Residential District) to C-1 (Co .. ercial District) classification, to-wit: The South 15 feet of Lot 12, and all of lots 13 and 14 in Block 2, Higgins Broadway Addi t 'ion. Section 2. that the hereinabOve convenience, general is necessary for the and convenience. The City Council hereby finds, deteraines and declares chan1e in zoning is justified by the public necessity, welfare and good zoning practices and tbat this ordinance iamediate preservation of the public peace, health, safety Section 3. In the opinion of the City Council an e .. rgency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Readin1 by the City Council of the City of Bn1lewood, Colorado, this 7 day of April, A.D. 1958, and ordered published in the BDflewood Herald and Enterprise. Kay or ATTEST: Ci~y Clerll Councilman Bill moved ) Martin seconded) that the ordinance just read be passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreilin1, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • AD Agreement was presented and read in full between the Valley S&nitation District and the City of Englewood, Colorado whereby the City is granted teaporarJ use of said sanitary line from West Dartmouth Avenue eastward to the City Disposal Plant. Councilman Graham moved ) Brownewell seconded ) that the Mayor be authorized to sign the agreement and the City Clerk to attest same. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreilin1, McLellan, Woods and Scott. NAYS: None. ABSBMT: None . • • • • • • • • • I I I • I I • A consent to assignment of tbe lease for a tract of land tn use by Radio Station KGll: doing business as tbe McMa Agency to Mac Lee Radio, Inc., a Colorado corporation was presented and read in full, and after diacuaaion tbe following resolution was presented and read. RESOLUTION WllBREAS, on tbe lOtb day of September, A.D. 1951, tbe City of Bn1lewood, as Lessor, leased to Grady Maples and R. B. McAlister doin1 buaineaa &11 llclla Agency, tbe following described property, to-wit: and Beginning at a point which is 400 feet North, 89°45'30" East and 50 feet North of the Southwest corner of tbe Northwest Quarter of tbe Southwest Quarter of Section 4, Township 5 South, Range 68 West of the Sixth Principal Mer1dan; thence 522.72 feet North; thence 500 feet Xortb 89° 45'30" Eas t; thence 522.72 feet South; thence 500 feet South 89° 45' 30" West to point of be1innin1, con- taining 6 acres, located in Arapahoe County, Colorado; lfllBREAS, said lease was for the purpose of constructin1 and operatiDI a radio transmitter building and tower antennae, and since said lease tbe buildin1 and antennae have been erected on the leased property and operated in conjunction with Radio Station KGIC, and WHEREAS, the Lessees have sold Radio Station KGll:, to1etber with all of its facilities to Mac Lee Radio, Inc., a Colorado corporation, and WHEREAS, the aforesaid lease requires the consent of the City for the assisnment thereof; NOi, THEREFORE, BE IT RESOLVED that the Mayor of tbe City of Englewood be, and be is hereby, authorized and directed to execute in behalf of the City of En&lewood a consent to the assignment of tbe ber einbefore described lease fro• Grady llaples and R. B. McAlister, doing business as tbe llclla Agency, to Mac Lee Radio, Inc., a Colorado corporation, and the Clerk of tbe City of ln1lewood is hereby authorized and directed to attest said consent. IT IS PROVIDED, HOWEVER, that said consent sball be conditioned upon Robert Bruce McWilliams and Lee Percy Mehlig accepting the same, includin1 tbe condition that they shall be personally responsible for the payment of tbe rent under said lease and the performance of all terms, convenanta and conditiona therein contained, as principals, in addition to tbe obligations thereunder to be performed by tbe corporate assignee; further, said consent to assignment sball permit the assignors, without further action by tbe City of Englewood, to include the aforesaid lease in a chattel mortgage as security, and in tbe event of foreclosure thereof, to again become the principal lessees under said lease, without further action by the Cit~. I, J. L. Barron, City Clerk of the City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that this is a true and aceurate copy of tbe Resolution approved and adopted by tbe City Council of tbe City of Englewood, Colorado, meetin1 in regular session this 7th day of April, A. D., 1958. C-l'tyCJ:erk Councilman Bill moved ) Braun seconded ) that the Resolution just read be approved and adopted. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. KAYS: None. ABSENT : None . • • • • • • • • • • The following resolution was presented and read. RESOLUTION BE IT KlfOlfN That on this tbe 7 day of April, 1958, at a recular meeting of tbe governing body of tbe City of Englewood, Colorado, there ca11e on to be con- sidered the matter of tbe execution of a license between the said City of BDslewood, Colorado, and Tbe Atchison, Topeka and Santa Pe Railway Coapany, relating to construction and maintenance of a water line croaaing 112.4 feet in length across right-of-way and under main tracks of tbe Railway Coapany at Kile Poat 729 plus 5146 feet, in said City of Englewood, Colorado, whereupon tbe following proceedin1s were bad: It was moved, seconded and unanimously voted that Bdward S. Scott, Mayor, be authorized and empowered to execute on behalf of tbe City of Englewood, Colorado, such license, copy of which is hereto attached, and tbe .... be recorded in tbe Minutes of the City Council at tbe foot of this resolution. STATB OP COL<llADO ) ( SS COOITY OP ARAPAROB) I, J. L. Barron, City Clerk, do hereby certify that the above and foregoin1 is a true and correct copy of a resolution passed by the City Council of said City in re1ular session on April 7, 1958, as the same appears of record in Book 10, Pa1e 38, Minutes of said City Council. IX TESTIMONY WBBRBOF, witness my band and the Seal of said City this 8 day of April, 1961. (SBAL) J. L. Barron City Clerk Councilman Graham moved ) Braun seconded ) that the Resolution just read be approved and adopted. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. KAYS: Mone. ABSENT: None. • • • • • • • • • Perait agree99nt with the Denver • Rio Grande Railroad was presented and read, permitting the City of Englewood, Colorado, a water line crossing. Councilman Graham moved ) Braun seconded ) that the Mayor be authorized to sign the agreement and tbe Clerk to attest same. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, llcLellan, Woods and Scott. MAYS : Mone . ABSENT : None . • • • • • • • • • The City Attorney made a report regarding pension fund investments. • • • • • • • • • The City llan&ger made a report on plans for a new contract with the City of Littleton and Arapahoe County for joint refuse disposal. • • • • • • • • • Mayor Scott read a letter fr~m Mr. Fred Janssen asking that bis resigna- tion from I.C.R.P.C. be accepted due to other duties. Councilman Martin moved ) McLellan seconded ) to accept Mr. Janssen'& resignation with regret and that be be notified by a letter signed by the llayor. AYES: Braun, Brownewell, llartin, Graham, Hill, Kreiling, McLellan, Woods and Scott. MAYS: Mone. ABSENT: None. • • • • • • • • • Councilman Graham moved ) Braun seconded ) that the llayor appoint someone from the Council or from the administrative as the new voting member to the I.C.R.P.C. · AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. MAYS: None. ABSENT: None. Mayor Scott stated that be would appoint Joseph II. Lacy, Planning Director as the voting member, with the consent of the City llana1er, which was g~anted; and the Mayor asked Councilman Bill to represent the City at the April 15th .. et- ing as a temporary associate member. • • • • • • • • • Councilman Braun moved ) Woods seconded ) that the approved bills as presented, be paid. AYES: Braun, Brownewell, llartin, Graham, Bill, Kreiling, llcLellan, Woods and Scott. MAYS: None. ABSB:tn': None. I I I I ,, I I The approved bills are as follows: General Fund ........................ ' ..... totaling Water Fund ............................... totaling sewace Disposal Plant Fund ............... totaling Sewer Districts Fund .....•............... totaling • • • • • • • • • Councilaan Bill moved ) Braun seconded ) to adjourn. $62,682.49 75,651.55 2' 766. 38 442.34 AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The minutes of the meeting of the City Council of the City of Englewood, Colorado, held the 7th day of April, 1958, A. D., stand approved as corrected this 5th day of May, 1958, A. D. ATl'EST: ~fk~Pr~