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HomeMy WebLinkAbout1958-04-21 (Regular) Meeting MinutesREGULAR SESSION OF THE ClTY COUBCIL OF ENGLDOOD, COLORADO HELD MONDAY THE 21ST DAY OP APRIL, 1958 A. D. AT 8:00 P.M. • • • • • • • • • The Meetin1 was called to order by Mayor Scott and the invocation was given by Reverend L. R. Kerby of the Englewood Pree Methodist Church. • • • • • • • • • Mayor Scott asked for roll call. PRBSBNT: Braun , Brownewell, Martin, Hill, Kreiling, McLellan , Woods and Scott. ABSBNT: Graham. • • • • • • • • • llr. Warner Dounay of 4484 South Cherokee requested permission for the King Bro•. Carnival to show in the City park for the week of May 19th to 24th inclusive, as a fund raisin1 project for the Junior Police Band. Councilman Woods moved ) Bill seconded ) that peraiseion be 1ranted •ubject to the approval of the City Mana1er after di•cuaaion with the Recreational Director, and with satisfaction as to liability.covera1e. AYBS: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. KAYS: None. ABSBllT : Graham. • • • • • • • • • An application was preaented from the Swiss Society of Denver for a club liquor licenae at Bast Baapden Avenue and South Downing Street; the Swiss Societ1 expect to erect a club building at this location if the license is granted. Councilman Braun moved ) Woods seconded ) to table the application until later in the meeting. AYIS: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. KAYS: None. ABSB1'T: Graham. • • • • • • * * * A 1lat of a proposed subdivision entitled "Jensa~ Subdivision, Second Piling", was reco .. ended by the City Planning Comaission. The proposed Subdiviaion lies in the Ki, Ni of the NBi of Section 9,T.5 S, R 68 W, 6th P.M. City of Bn1lewood, County of Arapahoe. Saae havin1 been approved by tbe Planning Commission, Councilman Braun moved ) Bill seconded ) that the plat be approved and accepted. AYBS: Braun, Brownewell, Martin, Hill, Kreilin1, McLellan, Woods and Scott. NAYS: None. ABSENT: Graham. * • • * * • * * * A letter fro• Dale M. Holben and Company as to authentication for the 1957 audit, was read. Councilman Brownewell moved ) Woode seconded ) that Dale M. Holben and Co. be authorized to complete the audit for 1957. AYBS: Braun, Brownewell, Martin, Hill, Kreilin1, llcLellan, Woode and Scott. KAYS: Rone. ABSllT: Graham. • • • • • • * • • Joe Lacy, Planning Director, presented a tentative rearran1e .. nt of arterial and co ... rcial streets, and a heavy tonna1e routing plan, and after diacuaaioa, ~ Councilll&D Braun 110ved ) llcLellan seconded ) to accept the plan and to autborize tbe Ci~ Attorney to prepare an ordinance coverin1 ..... I I I I AY&S: Braun, Brownewell, llartin, Hill, Kreiling, llcLellan, Wooc:la and Scott. KAYS: Kone. ABSENT: Graham. • • • • • • • • • Councilaan Braun 110ved ) KreiliDI seconded ) that the application for liquor license of the Swiss Society of Denver be raised from the table. AYBS: Braun, Brownewell, Martin, Bill, Kreilin1, llcLellan, Wooda and Scott. KAYS: Kone. ABSBlft': Graham. Councilaan Braun 110ved ) Woods seconded ) that the application be received, that tbe premises be posted, and a bearin1 be beld llay 19, 1958, subject to the City Attorney's findings on proposed new construction at the site. AYBS: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Wooda and Scott. KAYS: Mone. ABSBMT: Graham. • • • • • • • • • Tbe following resolution was presented and read in full. RBSOLUTIOM WllBRBAS, Ordinance Mo. 8, Series of 1958, establishing assessments for tbe various properties within Paving District Mo. 7, includes tbe follow- ing properties: Described as follows: FULLERS SUBDIVISION Lot Amount l $199.88 2 199.88 3 199.88 4 199.87 5 199.87 6 207.37 7 250.67 Said descriptions bave been found to be in error. MOW, TBBREPORE BE IT RESOLVED, that the followin1 is a true and correct description of tbe properties found in error. Lot - l 2 3 4 5 6 7 FOWLERS SUBDIVISION AllOunt $199.88 199.88 199.88 199.87 199.87 207.37 250.67 Tbe City Clerk of the City of Englewood, Colorado, is hereby authori- zed and directed to make tbe proper corrections and revisions accordingly in tbe assessaent rolls for Paving District Mo. 7. Councilman Braun moved ) Brownewell seconded ) tbat tbe resolution juat read be approved and adopted. AYES: Braun, Brownewell, Martin, Hill, Kreiling, llcLellan, Woods and Scott. MAYS: Mone. ABSENT: Graham. • • • • • • • • • ORD. #12 The followins Ordinance was presented and read. ORDINANCE NO. SERIBS OP 19 Alf ORDllf~B BSTABLISHING A PROCEDURE IN THB MUlflCIPAL COURT OF TBB CITY OF BIGLBWOCI>, COLORADO, RELATING TO TRIALS BY JURY. Councilman McLellan moved ) Braun seconded ) that the Ordinance just read be passed on Second Reading as Ordinance lfo. 12, Series of 1958, and ordered publiabed in the .Englewood Herald and Bnterprise. AYBS: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABS.ENT: Graham. * * * * * • * * * The following Ordinance was presented on First Readin1. A BILL POil Alf ORDINANCB AlllMDING ORDINANCE NO. 15, S.ERIBS OP 1958, PRBSCRIBllfG RULBS AID RBGULATIONS FOR THE OPERATION AND MAINTENANCE OP TBB WATBR SYSTBll OP TBB CITY OP BlfGLDoa>, COLORADO BY PROVIDING THBREIN FOR TBB llfSTALLATIOlf OP WATER llBTERS ON PRBlllSBS WITH PERIWfBNTLY INSTALLED SWilllllNG POOLS PILLBD FROll THI CITY WATBR SUPPLY. BB IT ORDAllfBD BY THE CITY COUNCIL OF THE CITY OP ENGLBWOCI>, COLORADO: Section 1. The first sentence of subsection 20 of Section A of Section 2 of ordinance No. 15, Series of 1956, is hereby amended to read as follows: "OWners of property with connections for residential use having taps one (1) inch in diameter or larier, for collllercial use of any kind regardless of size of taps or service, and for reside~tial use on premises with permanently installed swimming pools filled fro• City supply, will be required to install water meters." Section 2. The City Council hereby finds, determines 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 emer1ency 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 City of Englewood, Colorado, this 21st day of April, A.D. 1958, and ordered published in the Bn1lewood Herald and .Enterprise. Mayor A'M'BST: c1~t cren Councilman Kreiling moved ) Martin seconded ) that the Bill for an Ordinance just read be passed on First Reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • * * • * * * * * A contract was presented for a water line crossing of the c. & s. Railway in Scenic View area. Councilman Woods moved ) McLellan seconded ) that the Mayor be authorized to si1n and the Clerk to attest same. AYBS: Braun, Brownewell, Martin, Bill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABS.ENT: Graham. • * * • * * * * * I I I I I I Tbe followin1 Resolution was presented and read in full. RESOLUTION ADOPTIIG DETAILS OD SPBCIFICATIONS FOR AN IllPROVEllBNT DISTRICT IN ElfGLDoa>, COL<BADO, TO BB ltlfOWM AS PAVIMG DISTRICT MO. 8, EMGLDoa>, COLORADO, ilD ORDl:R- I1'G PUBLICATIOlf OF MarICE OF HEARIMG TO THE OIMERS OF THE PROPERTY TO BE ASSESIBD POR lllPROVBlllRTS IM SAID DISTRICT. WBBRKAS, there have been presented to the City Council of tbe City of Bn1lewood, Colorado, petitions for the creation of a pavin1 district to include the street•, avenues and alleys in said City, more particularly speci- fied in tbe notice hereinafter set forth; and WBBRBAS, said petitions have been subscribed by tbe owners of a aajority of tbe real property directly abutting or frontiDI on tbose portions of tbe streets, avenues and alleys to be assessed for said paving improvements; and WBBRBAS, it now appears to the City Council of said City tbat said petitions are in full compliance with all of the requirements of Article 2, Chapter 89, Colorado Revised Statutes, 1953; and WllBRBAS, tbe City Council of Englewood, Colorado, baa heretofore adopted a preliainary order directing the City Engineer to make the necessary preli•inary surveys, estimates and maps as required by tbe provisions of said law; and 1fllBRB&:s, the City Engineer, in pursuance of said order baa reported to tbis Council tbe completion of all matters and things enjoined on bi• in tbe fora and aanner as directed, all of said data bein1 now on file witb tbe City Clerk in coapleted form and substance, as by said order and by law required; TBBRBPORB, BB IT RESOLVED BY THE CITY COUMCIL OF THE CITY OF EMGLEWOOD, CCL<llADO: 1. Tbat tbe City Council hereby finds and determines tbat tbe peti- tions for tbe creation of said Pavin1 District No. 8 and for tbe improvements to be constructed therein, are in f~ll conformity with law, are subscribed by tbe owners of a aajority of the property directly abuttin1 or fronting on those portions of the streets, avenues and alleys to be improved and to be assessed for tbe improveaenta described in said petitions, and tbat said petitions be accepted and filed as part of the records of tbe City of Englewood, Arapahoe County, Colorado. 2. Tbat said engineer's reports, together with the details, speci- fications, estimates, maps and schedules prepared and filed witb tbe City Clerk be and tbe same are hereby approved and adopted by this Council for use in the construction of tbe improvements to be made in said Paving District. 3. That the materials to be used in constructing the proposed iaprovements are stated in tbe notice hereinafter set fortb. 4. Tbat the assessments to be levied for said improvemen~s sball be due and payable within thirty days from and after tbe final publication of the ordinance assessing the whole actual cost of said improvements against tbe real property in said District; provided, however, that any owner who shall pay bis full assessment within said period of thirty days, shall be entitled to an allowance of five per cent (5) of the amount so assessed against bis property and paid by bim. In case any owner of real estate shall fail to pay tbe whole of aucb assessment against bis property within said thirty days, tben tbe whole coat of said iaprovements so assessed against bis property shall be payable in 10 equal annual installments of principal, witb interest on unpaid installaents at tbe rate of 61 per annum, payable semiannually; the first of said installments of said principal sball be due and payable at sucb tiae as aay be determined in and by the assessing ordinance, and tbe reaainder of said annual installments of principal shall be due and payable sucessively on tbe same day in each year thereafter until all are paid in full. 5. Tbat the property to be assessed for said iaprovements shall be the property within the District more particularly described in tbe notice hereinafter set forth. 6. Tbat there shall be prepared an ordinance in conformity witb, and under the provisions of said law, creating within tbe corporate limits of said City, a local iaprovement district to be known as Pavin1 District lfo. 8, providin1 for the construction, in said District, of the iaprove98nts, all as ia in the petitions and the resolutions for said improve .. nt• set forth and described, and in accordance with the report, plaDs, mape, apecifications, details and eatiaatea of the ~·~gineer of said City, herein referred to and now on file in the office of the City Clerk. 43 7. That the said proposed ordin&l'.ce be considered for paasase and adoption by the City Council, at 8:00 o'clock P. M., on the 19th day of Kay, 1958. 8. That notice of the proposed improvements be given by the City Clerk and published in the Englewood Herald and Enterprise, a newspa9er of general circulation in said City, in four consecutive weekly editions, therein giving notice to the owners of the property to be assessed of the matters and things required by law. At the time of the first publication, notice shall also be given by prepaid mail to all known owners of property to be aa•es .. d with the cost of said improvements. The notice to be published shall be in substantially the ·following fora, to-wit: NarICE OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 8, TO MAKE CERTAIN STREET AND ALLEY IllPROVEllENTS THEREIN AND FOR A HEARING THEREON. All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to requisite petitions of property owners under the laws of the State of Colorado, bas adopted full details, plans and specifications for the construction of street and alley improvements and appurtenances in and for a proposed local improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 8, Said persons are further notified as follows: (a) The kinds of improvements proposed are: l. Necessary grading and excavation, paving with six-inch coapacted gravel base course, with two-inch asphaltic concrete surface, and concrete walks, curbs and 1Utters, whare not already installed, together with appurtenances and incidentals on the following streets and avenues: On From s. Acoma St. S. side of w. Girard Ave. W. Chenango Ave. w. side of S. Huron St. s. Cherokee St. S. side of W. Union Ave. S. Delaware St. S. side if W. Kenyon Ave. s. Delaware St. s. side of w. Stanford Ave. S. Elati St. S. side of w. Princeton Ave. s. Fox St. S. side of W. Kenyon Ave. S. Fox St. S. side of W. Stanford Ave. S. Franklin St. (W i only) S. side of E. Amherst Ave . S. Galapago St. S. side of W. Kenyon Ave. s. Inca St. s. side of w. Mansfield Ave. S. Inca St. S. side of W. Tufts Ave. s. Inca Dr. S. side of W. Chenango Ave. s. Kalamath St. S. side of W. Tufts Ave. s. Kalamath Dr. S. Side of w. Chenango Ave. B. Layton Ave. W. side of S. Clarkson St. w. Layton Ave. W. side of s. Fox St. W. Layton Ave. w. side of S. Kalamath St. S. Lipan St. S. side of W. Tufts Ave. S. Lipan Dr. S. side of W. Chenango Ave. S. Logan St. S. side of E. Jefferson Ave. To N. side of W. Hampden Ave. E. side of S. Lipan Dr. N. side of W. La)ton Ave. N. side of W. Lehigh Ave. N. side of W. Tufts Ave. N. side of W. Quincy Ave. N. side of W. Lehigh Ave. N. side of w. Tufts Ave. N. side of B. Bates Ave. N. side of w. Lehigh Ave. Center line of W. Nassau Ave. extended N. side of W. Union Ave. N. side of Whitaker Dr. N. side of W. Chenango Ave. N. side of Whitaker Dr. E. side of s. Washington St. E. side of s. Huron St. E. Side of S. Lipan :3t. N. side of W. Chenango Ave. N. side of Whitaker ·Dr. N. side of E. Lehigh Ave. I I I I I . I I I On From To E. Mansfield Ave. W. side of S. Washington St. S. Ogden St. S. side of E. Hampden Ave. S. Pearl St. S. side of E. Eastman Ave. S. Pearl St. S. side of E. Quincy Ave. S. Pennsylvania St. S. side of E. Amherst Ave. S. Pennsylvania St. S. side of E. Mansfield Ave. S. Pennyslvania St. S. side of E. Princeton Ave. S. Pennsylvania St. S. side of E. Stanford Ave. W. Union Ave. W. side of s. Kalamatb St. s. Washington St. S. side of E. Tufts Ave. Whitaker Dr. W. side of S. Inca Dr. E. side of S. Logan St. N. side of E. Jefferson Ave. N. side of E. Floyd Ave. N. side of E. Radcliff Ave. N. side of E. Bates Ave. N. side of E. Nassau Ave. N. side of E. Quincy Ave. N. side of E. Union Ave. E. side of S. Lipan St. N. side of E. Union Ave. E. side of S. Lipan Dr. 2. Necessary grading and excavation, six-inch Portland Cement concrete base, with two-inch asphaltic concrete surface, and concrete curb and gutter replacements, to- gether with appurtenances and other incidental work, for widening east side of present pavement on the following streets: On S. Broadway (Widen E. side) From s. Side of E. Floyd Ave. to N. side of E. Girard Ave. On S. Broadway (Widen E. side) From Little Dry Creek Bridge to State Highway No. 70 Underpass 3. Necessary grading and excavation, six-inch compacted gravel base course, with two-inch asphaltic concrete surface, and with Portland cement concrete retainers (six inches wide by twelve inches deep) along each side thereof, for a total overall width of fourteen feet; together with appurtenances and other incidental work on the following alley: On Alley between S. Broadway and S. Lincoln St. From S. side of E. Cornell Ave. to N. side of E. Dartmouth Ave. 4. Necessary grading and excavation, six-inch compacted gravel base course, with six-inch Portland Cement concrete surface, for a total overall width of fourteen feet; together with appurtenances and other incidental work on the following alley: On Alley between s. Broadway and S. Acoma St. From s. side of w. Dartmouth Ave. to N. side of W. Eastman Ave. all in the City of Englewood, Colorado. (b) The assessments for said improvements may be paid in 10 equal annual installments. (c) Said assessments will be due and payable without demand within thirty days from and after the final publication of an ordinance assessing the whole cost of said improvements against the real property in said District; provided, however, that any owner who shall pay bis full assessment within said period of thirty days, shall be entitled to an allowance of five per cent (51). In case any owner of real property shall fail to pay the whole of such assessment against bis property within said thirty days, then the whole cost of said improvement so assessed against bis property shall be payable in ten equal annual installments of principal, as aforesaid. The first of such installments of said principal shall be due and payable at such time as may be determined in and by the assessing ordinance, and the remainder of said installment~. shall be due and payable successively on the same day in each year thereafter until all are paid in full. (d) The rate of interest to be paid on unpaid and deferred installments shall be 61 per annum, payable semiannually. (e) The extent of the District to be improved shall be all of the real property fronting or abutting on the streets, avenues and alleys between the termini bereinbefore described, including the real property within one-half block of such streets, avenues and alley&. Adjustments will be made for irregular and odd shaped lots and parcels of property. (f) As shown by the estimates of the engineer, the probable total cost of said improvements in said District is $260,000, of which a110unt the City will pay approximately $48,000. Probable costs per front foot on each side of the streets, avenues and alleys in said District are: Asphalt paving 36' wide Asphalt paving 44 wide $3.30 per front foot $4.10 per front foot Paving of other widths in proportion to above estimates Curb, gutter and sidewalk (Hollywood type) Vertical type curb and gutter Sidewalk 4' wide Concrete alley paving 14'wide Asphalt alley paving 14' wide, with retainer 6" concrete slap $2.20 per front foot $2.17 per 'front foot $2.02 per front foot $4.15 per front foot $2.38 per front foot $4.50 per square yard All estimates exclude the 6% for inspection, collection and inci- dentals and interest as provided by law. The cost of paving to be constructed along the sides of corner lots within said District shall be assessed against properties within one-half block of such intersections and corner lots on a zone basis in accordance with benefits conferred on such properties. Bach one-half block will be divided into 6 parallel zones, and assessments will be on the following basis: lst Zone abutting on street, avenue or alley ... 28.55' Next Zone ............... 14.29' Next Zone ............... 14.29' Next Zone ............... 14.29' Next Zone. . . . . . . . . . . . . . . 14. ~9% Next Zone ............... 14.29' Total . . . . .10()1 No assessments will be made for curbs, gutters and sidewalks in place, which conform with the plans and specification~ for the proposed i•- provements and which are acceptable to the City Engineer. The cost of improving street, avenue and alley intersections and paving in excess of 36 ft. widths on streets designated as arterial as of January l, 1958, will be borne by the City of Englewood. Credit will be given for partial aspbaltic concrete replacement on previously surfaced streets. I Property owners are specifically referred to the schedule of proposed assesaments on file in the office of the City Clerk, from which the approximate amount to be assessed against any particular lot or parcel of pro9erty may be determined. Upon coapletion of said improvements, or as soon as the total cost thereof is definitely ascertained, such cost shall be apportioned to the property in the District. Notice of such apportionment shall be given and a bearing will be held prior to the adoption of an ordinance assessing such cost, all as provided by law. (g) An ordinance authorizing said improvements will be considered by the City Council on the 19th day of May, 1958, at the hour of 8:00 o'clock P. M., or at an adjourned meeting thereafter, at the City Rall in said City. (h) A map, estimate and schedule showing the approximate amount to be assessed, and all resolutions and proceedings are on file and can be seen and exaained by any person interested at the office of the City Clerk at any ~i .. during business hours prior to the 19th day of llay, 1958. (i) All complaints and objections that may be made in writing concerning the proposed improvements, by the owner or owners of any real property to be assessed, including those to be assessed for side street paving, will be beard and determined by the City Council at the meeting specified in the above paragraph (g), or at some adjournment thereof, before final action shall be taken. I I I DATBD the 21st day of April, 1958. ·-.• I J. Leo Barron, ( S B A L ) City Clerk I I I I Councilman Brownewell moved ) Kreiling seconded ) that the resolution just read be adopted and that notice of Public bearing to be held May 19th, 1958, be published and further circulated by post cards. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • • • • • • • • • Tbe City Manager presented maps showing tbe various locations of land owned by the city being cons:M:lered for a possible location of city shops, and after discussion, Councilman Woods moved ) Hill seconded ) that the City Council designate tbe site on the old city dump as reco ... nded by the City Manager in bis report dated April 4, 1958. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Gr ah am. • • • • • • • • • The City Manager recommended to the Council that negotiations should be started with llr. Clapp for the purchase of land to expand the sewage disposal plant, and after discussion, Councilman McLellan moved ) Martin seconded ) that the Mayor and City Manager be autbor- .ized to negotiate with members of the Clapp family for the purchase of land adjacent to and north of present plant. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • • • • • • • • • Councilman Hill moved ) McLellan seconded ) that the Mayor write a letter to the City Manager, Mr. L. R. Rudd in apprecia- tion of the bus tour made April 13, 1958 which was planned and conducted by llr. Rudd. AYES: Braun, Brownewell, Martin, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • • • • • • • • • The City Manager stated that settlement could be made with J. S. Sawvel for water rate study and reports for $500.00. Councilman Woods moved ) KcLellan seconded ) that llr. Sawvel be paid $500.00 in full settlement for the water rate study and reports. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • • • • • • • • • llr. Rudd stated that plans and specifications bad been prepared for the proposed addition to the Police Building, and recommended that bids be re- ceived llay 19, 1958. Council McLellan moved ) Kreiling seconded ) that notice to building contractors be published and that bids be opened and read by the City Council in session at 8:00 P.M. on May 19, 1958. AYES: Braun, Brownewell, Martin, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT: Graham. • • • • • • • • • llr. Rudd stated that be wished to take bis vacation the first part of Kay and expected to be back Kay 19th and recommended that Joe Lacy be desi1na- ted as Acting Manager in bis absence. Councilman Hill moved ) Martin seconded ) that Joe Lacy be desi1nated "Actin1 llanager" in the absence of the City Manager . • AYBS: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSEMT: Gi-·abam. • • • • • • • • • The Treasurers report was received and filed. Councilman Braun moved ) Hill seconded ) • • • • • • • • • to adjourn. AYES: Braun, Brownewell, Martin, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT : G1·abam. • • • • • • • • • The minutes of the meeting of the City Council of the City of En1lewood, Colorado, held the 21st day of April, 1958, A. D., dtand approved as corrected this 5th day of May, 1958, A. D. ATl'EST: I I