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HomeMy WebLinkAbout1958-08-18 (Regular) Meeting MinutesREGULAR SESSION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO HELD MONDAY THE 18TH DAY OF AUGUST, 1958 A.D. AT 8:00 P.M. • • • • • • • • • ~ Mayor Scott called the meeting to order and the invocation was given by Reverend Bert Edwards of the Church of the Nazarene. • • • • • • • • • Mayor Scott asked for roll call. PRESENT: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. ABSENT: Martin. • • • • • • • • • Councilman Braun moved ) Brownewell seconded ) that the bearing be opened on tbe proposed rezoning as to botb •ide• of the 3500 block along Soutb Wambington Street and the South 100 feet of .. tbe Swedish Sanatoriua property; also tbe West half of the 3500 block along South Clarkson Street fro• R-1-D, R-2-A and C-2 to R-3-A. AYBS: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Martin. llr. Laurence Guilford, attorney, representing those people who are owners of the property on Hampden Avenue presented a petition asking for tbe exclusion of land from the area proposed to be rezoned. Mr. Guilford stated that the property owners on Hampden Avenue bad purchased the land because it was for commercial use and that it was now a business district and that it bad not petitioned for rezoning. Mr. Guilford presented a petition for exclusion, having signatures of 12 persons owning property on East Hampden Avenue. • • • • • • • • • Councilman Martin entered and was seated witb the Council. • • • • • • • • • Kr. L. c. Bassett of 3501 South Clark son stated that bis building was on a 25' lot and if it was rezoned be would be unable to build or change the type of business and that tbe plot was so small it could not be used for apartments. Mr. Shockley stated that be was interested in only lots 31 tbrougb 41 on the West side of Washington and was not interested in tbat portion on Bast Hampden. Kr. Leonard Goodman, 3586 South Washington bas I lots on South Washington which be would like to have rezoned to R-3-A. Mr. Guilford stated that be was in favor of the rezoning in general, but would like to have the Hampden area excluded from tbe areas to be re- zoned. Richard Simon, attorney, stated be was not interested in the rezonins of Hampden Avenue, only the other portions of the block. There were 8 present who wished to protest the rezoning of Baapden Avenue and 4 who were in favor. Councilman Braun moved ) Kreiling seconded ) that the bearing be closed. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan Woods and Scott. NAYS: None. ABSENT : None. Council11&.n Graham moved ) Braun seconded ) that the area described in the above proposed rezoning be approved except that portion now C-2. I I I I I I I AYES: Braun, Brownewell, Martin, Graham, Hill, 1Creilin1, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Councilman Hill moved ) Martin seconded ) that the bearin1 be opened on tbe pro- posed rezoning of tbe Bast side of tbe 4800 block along Soutb Acoma Street ex- tended, from R-1-B to C-2 and P Parkin1. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSBNT : None. The Mayor asked if there was anyone present wbo opposed tbe rezoning, there was none. There were 2 present in favor of the rezoning. Councilman McLellan moved ) AYBS: NAYS: Braun seconded ) that the bearing be closed. Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. None. ABSENT : None. Councilman Braun moved ) llcLellan seconded ) that a bill be drawn changing tbe re- zoning. AYES: Braun~ Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Manager presented a plat of the Snowbar1er Subdivision, which was recommended by the Planning Commission, witb certain conditions. Councilman Hill moved ) AYBS: NAYS: Graham seconded ) that Snowbarger subdivision be accepted as proposed, subject to tbe approval of the Water Attorney. Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. None. ABSENT : None. • • • • • • • • • The City Manager presented a plat of oxford Hei1bta second filing as approved by the Planning Commission. Councilman Brownewell moved ) Braun seconded ) that the plat for OXford Rei1bts be approved. AYBS: Braun, Brownewell, Martin, Graham, Rill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT : Mone. • • • • • • • * • The City Ila.Dager read a letter received from Leonard Jobnson, 2948 South Corona re: Weeda. Mr. Rudd stated that tbe weeds bad been cut. Councilman Grabaa moved ) Braun seconded ) that the letter be received and filed. AYBS: Braun, Brownewell, Martin, Graham, Rill, Kreiling, McLellan, Woods and Scott. NAYS: Hone. ABSBNT: None. • • • • • • • • * A letter was received from John Lidke, dba the Cherrelyn Drug at 4303 South Broadway for permission to move bis package liquor license 111 ORD.#23 ORD.#24 to bis new location, 4285 South Broadway. Councilman Martin moved ) Kreiling •econded ) that the application to move be re- ceived and that a bearing on same be set for September 15, 1958 at 8:00 P.•. AYES: Braun, Brownewell, Martin, Graham, Rill, Kreiling, KcLellan, Woods and Scott. HAYS: Hone. ABSENT: Hone. • • • • * * * * * The following resolution was presented and read in full. RBSOL111' I ON BB IT RBSOLVBD by the City Council of the City of Englewood, Colorado, this 18th day of August, 1958, that pursuant to the provisions of Article XVI of the Charter of the City of Englewood, duly adopted by the voters on July 8, 1958, that Sections 53 to 55 inclusive of Ar~icle VIII of said Charter be and hereby are designated by this Resolution aa operative on August 18, 1958, and particularly as to the Public Library Board on said date. Councilman Rill moved ) Woods seconded ) that the resolution just read be approved and adopted. AYES: Braun, Brownewell, Martin, Graham, Rill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSBtn' : None • * * * • • * * * The following Ordinance was presented and read on second reading. ORDINA1'CB NO. SBRIBS OF 19 -- AN ORDINANCB RBZOBING TU FOLLOWING DESCRIBED PROPBRTIBS FROM R-1-D (RBSID.BNTIAL) TO R-3-A (llULTl-FAlllLY RBSIDBtn'IAL) CLASSIFICATIOK, TO-WIT: THB BAST ONB-RALF OF TRB 3400 BLOCK ON SotrrH CLARKSON STRBBT, BXCBPT TBB SOUTH 100 FBBT THBRBOP, AID PIVB LOO'S llOIBDIATBLY NORTH TBBRBOF, DI TD CITY OF BKGLBWOOD, ARAPAHOE COUNTY, COLORADO, MORB PARTICULARLY DBSCRIBKD AS: LOO'S 20 TO 25, BLOCK 44, EVANSTON BROADWAY ADDITION, ARD Lars l TO 20, BLOCK 45, EVANSTON BROADWAY ADDITION, ALL FROM R-1-D (RBSIDBJrl'IAL) TO R-3-A (lllLTl-FAlllLY RBSIDBNTIAL) CLASSIFICATION. Councilman Brownewell moved ) Braun seconded ) that the Oridnance just read be paassed on second reading as Ordinance Ho. 23, Series of 1958, and ordered published in the Englewood Herald and Enterprise. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT : None. * * * • • • * • * The following Ordinance was presented and read on second reading. ORDINANCE NO. SERIES OF 19 -- AN ORDINANCE AMENDING ORDINANCE NO. 39, SBRI.ES OF 1957, KMOIN AS THB "TRAFFIC ORDINAlfCB" OF THB CITY OF EKGLDOOD, COLORADO, BY ADDIMG TO ARTICLE 108 THBRBOF A ND SllCTION 108.l.8 TO PROVIDB FOB TKllPOBARY PBRlllTS ·ro ALLOI INCRBASBD PARKING TIME LIMITS FOR CBRTAIN VBlllCL.S U8KD IN CONSTRUCTIKG, RECONSTRUCTING, OR REPAIRING BUILDINGS OR STRUCTURBS AND TRB APPURTENANCES TllBRBTO. Councilman Braun moved ) Martin seconded ) that the Ordinance just read be paased on second reading as Ordinance No. 24, Series of 1958 and ordered published in the Englewood Herald and Bnterpriae. AYES: Braun, Brownewell, Martin, Graham and Scott. NAYS: Hill, Kreiling, McLellan and Woods. ABS.ENT: None. The Mayor declared the motion carried. • • • • • • • • • I I I I I I I The following Bill was presented and read in full. A BILL FOR AN ORDINANCE REZONING THE EAST SIDE OF THE 4800 BLOCK OP SOlrl'B ACOMA STREET EXTENDED, IN THE CITY OF ENGLEWOOD, ARAPAHOB COUllTY, COLORADO, FROll R-1-B (RESIDENTIAL) CLASSIFICATION TO C-2 (COIDIBRCIAL) CLASSIPICATIOlf AND P (PARKING) CLASSIFICATION. WHEREAS, application heretofore has been made for the rezonin1 of certain property hereinafter described, within the City of &n1lewood, Colorado, from R-1-B (Residential) classification to C-2 (Co ... rcial) classification and P (Parking) classification, and the City Plannin1 Collllission has recommended approval of such change in zoning; and, WHEREAS, public notice has been given of such proposed rezon- ing by one publication in the Englewood Herald and Bnterprise, a new•- paper of general circulation within the city, and the official newspaper of the City, at least fifteen (15) days before the public hearing on aucb re- zoning, and notice of such proposed rezoning has been posted oa the pro- perty for fifteen (15 ) consecutive days prior to such hearing, as required by ordinance; and, WHEREAS, public bearing •as held pursuant to the aforesaid notice by the City Council of the City of Englewood in the Council Chambers of tbe City Hall, 3345 South Bannock Street, Englewood, Colorado, on tbe 18th day of August, A.D. 1958, at the hour of 8:00 P.M., at which bearing no persons appeared to protest or oppose the proposed change in zoning; and, WHEREAS, the public necessity, convenience, general welfare and good zoning practices justifies the change in zoning of tbe hereinafter described property from R-1-D (Residential) classification to C-2 (Com- mercial) classification and P (Parking) classification; NOW THEREFORE, BB IT ORDAINED BY THE CITY COUNCIL OP THB CITY OF ENGLEWOOD, COLORADO: Section l. The zoning of the East side of the 4800 Block on South Acoma Street extended, in the City of Englewood, Arapahoe County, Colorado, is hereby chan1ed from R-1-D (Residential) classification to C-2 (Commercial) classification and P (Parking) classification as here- inafter set forth, to-wit: Beginning at a point on the North line of West Chenango Avenue, 133 feet West of the West line of South Broadway; thence North parallel to the said West line of South Broadway to the South line of West Layton Avenue; thence West along said South line of West Layton Avenue a distance of 63 feet; thence South parallel to said West line of South Broadway to the North line of West Chenango Avenue; thence East along said North line of West Chenango Avenue a distance of 63 feet to point of beginning, the area included to be re- zoned from R-1-B (Residential) classification to C-2 (Commercial) classification. Beginning at a point on the North line of West Chenango Avenue 196 feet West of the West line of South Broadway; thence North parallel to the said West line of South Broadway to the South line of West Layton Avenue; thence West along said South line of West Layton Avenue a distance of 70 feet; thence South parallel to said West line of South Broadway to the North line of West Chenango Avenue; thence East along said North line of West Chenango Avenue a distance of 70 feet to point of beginning, the area included to be rezoned from R-1-B (Residential) classification to P Zone (Parking) classification~ Section 2. The City Council hereby finds, determines and declares that the hereinabOve cban1e in zoning is justified by the public necessity, convenience, general welfare and good zoning practices. Passed on First Reading by the City Council of the City of Bngle- wood, Colorado, this 18th day of August, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. nyor_____ ~ ATl'EST: Ci l:y Cl.erk Councilman Hill moved ) Brownewell seconded ) that the bill just read be paaaed on first reading and ordered publiahed in the Englewood Herald and Bnterprise. AYES; Braun, Brownewell, Martin, 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 PROVIDUfG FOR THE TERMS, POWBRS OD DtrrlBS OF THB PUBLIC LIBRARY BOARD FOR THB CITY OP BNGLDoa>, COLORADO: AID RBPBALllfG SUBSBC- TIOlf 3 OF SBCTION (c) OF ARTICLE I OF ORDINANCE NO. 47, SBRIBS OF 1955, AMI> ALL al'HER ORDINANCES AND PARTS OF ORDINANCES IN COlfFLICT llBRBWITB. COLORADO: BE IT ORDAINED BY THE CITY COUNCIL OF TBB CITY OF BNGLDoa>, Section l. The Public Library Board of the City of Englewood, Colorado, shall consist of one City Councilman and five meabers appointed by the City Council from citizens-at-large. The City Councilman member shall serve during bis tenure as Councilman. Two citizen-at-lar1e ae•- bers shall be appointed to serve until Februaryl, 1960; one citizei-at- large to serve until February l, 1981; one citizen-at-large to serve until February 1, 1962; and one citizen-at-large to serve until February 1, 1963. Thereafter, citizen-at-large members of said Public Library Board shall be appointed for four-year terms. The City Manager shall appoint a 11&•- ber of the library staff to be an ex-officio non-voting member of the Public Library Board. All members of the Public Library Board shall be subject to removal by the appointing authority. The appointing authority shal~ make appointments to fill vacancies for the unexpired terms. Section 2. The Public Library Board shall have the following powers, duties and obligations: (a) To prepare and submit to the City Council a master plan for the development and maintenance of a modern library system. (b} To cooperate with the City Manager in preparing its annual capital expenditure budget for the City Council, and in esti- mating anticipated revenues and the sums necessary to maintain and operate the library during the ensuing year. (c) To cooperate with any public or private agency in obtaining space or for any other purpose, subject to the approval of the City Council. (d) To recommend to the City Council the adoption of rules and regulations for its own guidance and for the use of the library as the Board may deem ex- pedient. (e) To make recommendations to the City Manager for supervision, care and custody of all property of the library including rooms or buildings constructed, leased or set apart therefor. (f) To assist the City Manager, when requested by him, in the selection of a librarian and such other library employees as may ·be deemed necessary; and to prescribe their duties subject to approval of the City Manager. (g) To administer such gifts of money or property or trust as may be granted to and accepted by the City Council for library purposes. I I I I I I I ~h} To process the purchase of books, periodi- cals, maps, supplies and materials for the library through the purchasing agency of the City. (i} To do such other acts as may be necessary for the orderly and efficient management and control of the library. Section 3. At the close of each year, the Public Library Board shall make a report, through the City Manager to the City Council showing the condition of their trust during the year; the sums of money expended, and the purposes of the expenditures; the number of books and periodicals on hand; the number added during the year; the number retired; the number loaned out; and such other statistics and information and such suggestions as the Board may deem of public in- terest. A copy of this report shall be filed with the State Librarian. Section 4. The Public Library Board shall convene on the first Tuesday of February of each year to organize and to select of- ficers. The Board shall also convene at least once in each calendar month for the transaction of such business as may regularly come be- fore the Board. A book of records of each meeting shall be k9pt and placed in the office of the City Clerk for public inspection. All regular meetings of the Public Library Board shall be open to the public. Section 5. The Public Library Board, at its first meeting in February of each year, shall choose its own Chairman and Vice- Chairman from citizen-at-large mem~ers. Section 6. Subsection 3 of Section (c} of Article I of Ordinance No. 47, Series of 1955, and all other ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 7. 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 8. 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 City of Englewood, Colorado, this 18th day of August, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. Mayor ATTEST: City Cieri Councilman Graham moved ) Braun seconded ) that the bill just read be passed on first readin1 and ordered pub- lished in the En1lewood Herald and Enterprise. CGuncilman .Grabam, moved ) McLellan seconded ) the amendments to Section 2, Sub-section (d} and (e}. AYES: Braun, Brownewell, Martin, Graham, Hill, K.1:eiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. Councilman Hill moved ) AYES: NAYS: Martin seconded ) the amendment to Section 3. Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. None. ABSENT: None. Councilman Graham moved ) Hill seconded ) the approval of the bill as amended. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT : None. . • • • • * • * * * The following Bill for an ordinance was presented and read in full. A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 45, SERIES OF 1955, OF THE ORDINANCES OF THE CITY OF ENGLEWOa>', COLORADO, KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF ENGLEWOOD," BY ADDING THERETO A ND S.IX:TION 19 OF ARTICLB VI OF TllB SUPPLEMENTARY REGULATIONS OF SAID ORDINANCE, WHICH SHALL PROVIDE FOR THI klt:OGRITIOR OF EXISTING TRAILER COURTS OR MOBILE HOllE PARKS ON NON-CONFORMING USES UNDER THE TERMS OF SAID ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLDO<J>, COLORADO. Section 1. Ordinance No. 45, Series of 1955, of the ordi- nances of the city of Englewood, Colorado, known as the "Zoning Ordi- nance of the City of Englewood," is hereby amended by adding to Article VI, Supplementary Regulations, a new section 19, which shall read as follows: "19. TRAILER COURTS OR MOBILE HOME PARKS -- (a) All existing trailer courts or mobile home parks are recognized as non-conforming uses on the effective date of this ordinance subject to the provisions for non-conforming use registration in Article V of the Zon- ing Ordinance. (b) Such existing courts or parks shall be allowed to expand their gross land area only for the purpose of complying with City of Englewood Mobile Home Park Regulations and then only within the limits as set by the Board of Adjustment and Appeals, in each specific case. But in no case shall such expansion be allowed to accommodate more than the number of trailer spaces or mobile home spaces registered with the City of Englewood, Department of Building Inspection, on the effective date of this ordinance, aud then only when such expansion is into land zoned for C-2 or M-1 usage." Passed on First Reading by the City Council of the City of Englewood, Colorado, this 18th day of August, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. Mayor ATTEST: City Clerll Councilman Hill moved ) that the bill just read be passed on first reading and ordered pub- lished in the Bn1lewood Herald and Enterprise. Kreiling seconded ) AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT : None • •••••••••• The following bill for an Ordinance was presented and read in full. A BILL I I I I I I I: ' ' FOR AN ORDINANCE ESTABLISHING A COMPREHENSIVE CODE FOR TRB RBGULATION OF MOBILE HOllE PARKS, ESTABLISHING STANDARDS FOR MOBILE BOllB SPACES, LOCATION OF SERVICE BUILDINGS, WATER SUPPLY, SEWAGE AND REFUSE DIS- POSAL, AND PROVIDING FOR REGISTRATION OF OCCUPANTS, AND PROVIDING FOR COLLECTJ _Qlf OF MOBILE HOME PARK INSPECTION FEES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the City Council of the City of Englewood, Colorado, desires to establish a comprehensive code for regulation of mobile home parks and to establish standards for mobile home spaces, location of service building, water supply, sewage and refuse disposal, and to provide for registration of occupants, and to provide for collection of mobile home park inspection fees, and to provide penalties for violations thereof; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLDOCI>, COLORADO, THAT : 1. DEFINITIONS. For the purposes of this title and section the following words and phrases shall have the meanings ascribed to them in this section: (a) MOBILE HOllE shall mean any vehicle used, or ao constructed as to permit its being used as a conveyance upon tbe public street• or bi1bways and dulJ licensable as such and con- structed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. (b) MOBILE HOME SPACE shall mean a plot of ground within a mobile home park designated for the accommodation of one mobile home. (c) MOBILE HOME PARK ahall mean any plot· o~'.property upon wb£ch sanitary facilities and individual utility connections are available for two or more mobile homes. (d) INDEPENDENT MOBILE HOME shall mean a mobile home that bas a toilet and a bathtub or shower. (e) DEPBNDBNT MOBILE HOME shall mean a mobile home that bas no toilet or bathtub or shower facilities. (f) PATIO shall mean a paved area adjacent to tbe mobile home parking space, and accessible from the main entrance to the parked mobile home. (g) PERMIT shall mean a written permit issued by the City of Englewood Building Inspector to construct or alter the mobile home park under these rules and resulations. (h) PERMANENT ADDITION shall mean any structural extension from any portion of a mobile home, not including temporary canvas awning. (i) INSPECTOR shall mean the Building Inspector of the City of Englewood or his authorized representative. (j) STREET OR HIGHWAY shall mean a public thoroughfare which affords principal means of access to abutting property. (k) ACCESS ROAD shall mean that area privately owned and maintained and set aside within a mobile home park for an interior road system, providing principal means of ingress to individual mobile home spaces and egress to street. 2. PERMITS. No person shall alter, install or remove any structural iapro- vement in any mobile home park without first securing a building permit from the inspector, authorizing such alterations, installation or re- moval. APPLICATION. An application for a permit autborizin1 any structural alteration, installation or removal in a mobile home park, shall set forth the following in- formation: (1) The area and dimensions of the tract of land occupied by the park. ' -~ (2) The number, location and size of all mobile home spaces. (3) The location and width of roadways and walkways. (4) The location of service buildings and any other proposed structures. (5) The location, size and type of water and sewer lines; and traps and risers for water and sewer. (6) Plana and specifications of all buildings and otber improveaents constructed or to be constructed witbin the mobile home park. 3. INSPICTION OF MOBILE HOME PARKS. The Inspector shall make regular monthly inspections of all mobile home parks located within the City and shall enforce compliance with the provisions of this ordinance. (a) AUTHORITY. The Inspector shall have the authority to make inspections of mobile home parks, at reasonable times, for tbe purpose of determining whether tbis ordinance is being complied with and shall have authority to inspect the register of occupants, re- quired herein. (b) ACCESS. It shall be unlawful for any person to refuse access to a 1110bile home park to the Inspector for the purposes of inspection. 4. LOCATION, SPACB AND GBNERAL LAYOUT. The mobile ho .. park shall be located on a well drained site and shall be so located that its drainage will not endanger any water supply. All such mobile home parks shall be in areas free from ••aapa. or other potential breeding places for insects or rodents. (a) AREA. The area of the mobile home park shall be large enough to accommodate: (1) The designated number of mobile home spaces. (2) Necessary streets and roadways. (3) Parking areas for motor vehicles; and (4) Service areas. (b) MOBILE HOME SPACE. Each mobile home space shall be at least 25 feet wide, and shall abut on a driveway or other clear area with unobstructed access to a public street. Such spaces shall be clearly defined, and mobile homes shall be parked in such spaces so that there will be a minimum of ten feet between mobile homes at all points and so that no mobile home will be less than five feet from the exterior boundary of the mobile home space. Ko mobile home shall be parked less than 20 feet from any lront property line abutting a street or highway. No part of such mobile home will obstruct any roadway or walk- way. Areas between mobile home spaces and public rights- of-way not used for roadway purposes shall be cared for and kept free from weeds, rubbish or trash. No occupied mobile home shall be allowed to remain in a mobile home park unless a mobile home space as set forth herein is available. (c) ACCBSS ROADS. Access roads must be graded for drainin1, surfaced with concrete, asphaltic concrete, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash or debris. Bach acce•• road shall be continuous and shall connect with other circulation roads. Minimum width for two-way access roads shall be 25 feet; for one-way access roads, 15 feet. Curves on all access roads shall have a minimum inside radius of not less than 20 feet. Roads shall be crowned at center to shed water to draining facilities. All such roads shall be kept clear of all obstruction• to allow movement of vehicles at any time. I I I I I I No p~rking shall be permitted on oIB-way roads, and parking on one side only shall be permitted on two-way roads. (d) OFF-STREBT PARKING. Areas 8 feet x 20 feet shall be pro- vided within 200 feet for the parking of motor vehicles in addition to each required mobile home space. Such areas shall acco1DD:>date at least the number of vehicles equal to the number of mobile home spaces provided. (e) SERVICE FACILITIES. Every mobile home space shall be pro- vided with covered vault or shed with a minimum of 72 cubic feet of space for the storage of fuel containers and personal belongings --this requirement may be met by a building providing a like amount of space for each mobile home space, provided said building is within 200 feet of the mobile home space which it is to serve and further provided that said building be of fireproof construction, as provided for by the City of Englewood Building Code. 5. SERVICE BUILDINGS. Each mobile home park shall be provided with one or more service buildings adequately equipped with toilet fixtures. (a) LOCATIONS AND CONSTRUCTION. Service buildings shall: (1) Be located within 200 feet of all dependent mobile homes. (2) Be located 5 feet or more from any mobile home space. (3) Be of fire resistant construction in conformity with the Building Code of the City of Englewood. (4) Interior shall be constructed of non-absorbent moisture-resistant material to permit frequent washing and cleaning. (b) LAUNDRY AND TOILET FACILITIES. Service buildings shall: (1) Have adequate beating facilities to maintain a temperature of 70 degrees fahrenheit during cold weather, and to supply a minimum of three gallons of bot water per hour per coach space during time of peak demands. (2) Have all rooms well ventilated, with all openings effectively screened. (3) Have at least one mop-sink or other satisfactory facility supplied with bot and cold water, in a separate room. (4) Have separate flush-type toilet facilities for males and females, plainly marked by appropriate signs, which shall be provided in separate rooms if in the same building. Bach water cloaet shall be placed in a separate compartment, at leaat three feet wide, properly separated from other water closets. (5) No service building shall contain less than two toilets for females, one toilet and one urinal for males, one laundry tray and one mop-sink. (6) Have provided one flush-type toilet for each sex for each fifteen dependent mobile home spaces, or frac- tion thereof. (7) Have all water closets and showers for women and all water closets and showers for men located in separate co•part .. nts, with self-closing doors. Gang-type shower compartments may be used for men. Individual shower stalls shall be at least 961 square inches in area. Showers for women shall have a dressinJ com- partment with stool and bench. (8) Have laundry facilities provided in tbe ratio of one double tray and ironing board for each 15 units or fraction thereof. a minimum of 50 square feet per mobile home space shall be provided in the area used for clothes drying or one electric clothes dryer for each ten mobile home spaces. A combination of outside drying space and electric dryers may be pro- vided only if the ratio of the combination serves tbe full number of mobile home spaces according to the above standards. out•ide drying space adjacent to the service building, or other clothes drying facilities, shall be provided. . 6. WATER SUPPLY. (a) CAPACITY. An accessible, adequate and safe supply of potable water shall be provided in each mobile home space, capable of furnishing a minimum of 125 gallons per day per mobile home space. (b) INDEPBNDBNT SYSTEM. The development of an independent water supply to serve the mobile home park shall be made only after express approval bas been grant.ad by the Department of Public Health of the State of Colorado. (c) ALL FACILITIES C01'HECTED. The water system of the mobile pome park shall be connected by pipes to all service buildings and all mobile home spaces. (d) CONNECTIONS. Individual water service connections which are provided for direct use by mobile homes shall be so constructed that they will not be damaged by the parking of such mobile homes. (e) PRESSURE. The mobile home park water system shall be adequate to provide six gallons per minute at 20 pounds per square inch of pressure at all mobile home connections. (f) VALVE DEPTH. Outlets for mobile home spaces shall be provided with individual valves below frost depth (not less than 18") and valve box to grade. 7. SBWAGE DISPOSAL. (a) All plumbing in the mobile home park shall comply with the pluabin1 laws and health regulations of the City of Englewood, County of Arapahoe, and the State of Colorado. Sewage disposal shall be by connection to City or Sanitation District sewers in accordance with City ordinances regulating sewer connections. (b) ALL FACILITIES CONNECTED. A system for sewage shall be provided in all mobile home parks and all waste and sewer lines discharging from buildings and mobile homes shall be connected thereto. (c) CONNECTION. Each mobile home space shall be provided with at ·.1east a three inch sewer connection, trapped below frost line, with the inlet of the line to be not leas than one inch above the surface ·of the ground. The sewer connection shall be provided with suitable fittings so that a watertight connection can be made between the mobile home drain and the sewer connection. Such mobile home connections shall be so constructed that they can be closed air ti1ht when not linked to a mobile home, and shall ~be trapped in such a manner as to maintain them in an oddr~free condition. 8. REFUSE DISPOSAL. (a) SYSTEM REQUIRED. The storage, ;collection and dis- posal of refuse in the park shall be so managed as to avoid health hazards, rodent harborage, insect- breeding areas, accident hazards or air pollution. (b) CONTAINERS. Refuse shall be stored in flytight, rodent-proof containers, which shall be located not more than 200 feet from any mobile home space. Such containers shall be provided in sufficient number and capacity to prevent any refuse from overflowing. (c) GARBAGE. Garbage shall be deposited in separate watertight containers with tight-fitting lids. All receptacles shall be designated as to type of use. Holders shall be provided for all refuse and garbage containers. Such container holders shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterior- ation, and to facilitate cleaning around them. I I I I I I (d) COLLBE::TION. All garbage and ·non-coabUat·ible ' rubbish shall be collected as frequently as necessary to pre- vent it from overflowing the available containers, but in any event shall be collected not less tban twice weekly. No dish or waste water of any kind shall be thrown or discharged upon the ground of any mobile home park. (e) INCINERATORS. Incinerators for use by individual mobile homes and located on the individual mobile home sites are prohibited. At least one incinerator for the purpose of burning combustible trash shall be provided by the mobile home park operator unless such refuse is collected regularly and no burning is allowed. Such incinerators must be constructed of a size to provide a minimum of lt cubic feet per mobile ho.a up to and including tea mobile homes and one cubic foot per mobile home space in excess of ten spaces. The incinerators shall be constructed of a fire-resistant material, grated not less than 12 inches above the ground, provided with a clean out space beneath the grate, equipped with an access door and with a vent stack extending at least 12 feet above the ground capped with a spark arrester of 3/4 inch mesh, or less. Incinerators shall be fired only when attended by some person specifically authorized by tbe owner or operator cf the mobile home park. 9. ELECTRICITY. (a) INSTALLATION TO EACH SPACE. An electrical outlet supplying at least 110 volts shall be provided for each mobile home space. The installation shall co•- ply with all state and local electrical codes and ordinances. Such electrical outlets sball be weatherproof. No power line shall be permitted to lie on the ground or to be suspended less than 18 feet above the ground. (b) SPBCIFICATIONS. Service drops to each mobile home space shall be weatherproof, insulated and not smaller than two No. 8 wires. (c) AREA LIGHTS. Street and yard lights shall be pro- vided in such number and intensity as to insure safe movement of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings, which shall be kept lighted during the hours of darkness. 10. FUEL. (a) COOKING FUEL. Liquefied petroleum gas for cooking purposes shall not be used at individual mobile home spaces unless the containers are properly connected by copper or other approved metallic tubing. Lique- fied petroleum gas cylinders shall be securely fastened in place and shall be adequately protected from the weather. No cylinder containing liquefied petroleum gas shall be located inside a mobile home, nor within five feet of a door thereof. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed. (b) HEATING FUEL. Fuel tanks for heating purposes shall be detached from the mobile home and mounted up on substantial self-supporting stands at least one foot from any part of the mobile home or any other mobile home. Each service line from the fuel tank to the mobile home shall be provided with a shut off valve outside of the trailer. 11. FIRE PROI'BCTION. (a) LITTERING PROHIBIT.EDt. Mobile home areas shall be kept free of litter, rubbish and other flammable materials. (b) FIRE EXTINGUISHERS. At l 'east one portable fire ex- tinguisher or fire hose shall be kept in each service building and shall be maintained in good operating condition. 12. ALTERATIONS AND ADDITIONS: RESTRICTIOlf OP A1'18LB AND PBTS: SICR'S. (a) CONFORMITY. No alterations or additions shall be made to or within any mobile home park unless in con- formity to this ordinance. In the event an increase in gross land area is necessary for compliance with proYisiona of this ordinance, the Board of Adjust- ments and Appeals shall determine the amount of additional area required in accordance with applicable provisions of the Zoning Ordinance. (b) SKIRTING UNITS. No permanent additions of any kind shall be built onto, nor become a part of, any mobile home. Skirting of mobile homes is permissable, but such skirting shall not attach the mobile home permanently to the ground, provide a harborage for rodents or create a fire hazard. (c) WHEELS NOi' ~o BE REMOVED. The wheels of the mobile home shall not be removed, except te11POrarily when necessary for repairs. Jacks or stabil•zers may be placed under the frame of the mobile home to prevent movement on the springs while the mobile home is parked and occupied. (d) OWNER TO CONTROL PETS. No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large, or to commit any nuisance within the limits of any mobile home park. (e) SIGNS. Each mobile home park shall provide a street sign to include the name of the park and the street address in letters of a minimum of six inches in height. Each mobile home space shall be numbered uniformly with numbers of a minimum height of four inches and located at least five feet above the ground. 13. INSPECTION FEE. A monthly mobile home park inspection fee payable in ad- vance on the first day of January, April, July and October each year and based on the amount of $1.00 per mobile home space shall be paid by the mobile home park owner or operator to the City of Englewood to help defray the cost of inspection and other City services. Said fee shall not be diminished in any way when available and registered spaces are not in use. 14. Management. (a) The owner or operator of any mobile home park shall arrange for the management and supervision of such mobile home park so as to enforce or cause compliance with the provisions of these rules and regulations. (b) The owner, operator or attendant of every mobile home park shall assume full responsibility for maintaining in good repair and condition all appliances on such mobile home park. (c) In every mobile home park there shall be a designated office building in which shall be located the office of the person in charge of said park. A copy of all required Ci t y and State licenses and permits and of this ordinance shall be posted therein and the park register shall at all times be kept in said office. (d) It shall be the duty of the attendant or person in charge, together with the owner or operator to: (1) Keep at all times a register of all guests (which sftall be open at all times to inspection by State, County and Federal officers and officers of the City of Englewood) showing for all guests: a. Names and relationships of all persons in- habiting each mobile home. b. Address or previous location of all persons inhabiting each mobile home. I I I I • I I I c. Dates of entrance and departure. d. License numbers of all mobile bomes and towing vehicles or automobiles. e. States issuing sucb licenses. (2) Maintain the park in a clean, orderly and sanitary condition at all times. (3) See that tbe provisions of tbia ordinance are complied with and enforced and report promptly to the proper authorities any violations of this ordinance or any other violations of law which may come to bis attention. (4) Report to local health authorities all cases of persons or animals infected or suspected of being infected with any communicable disease. (5) Prevent the running loose of dogs, cats or otber animals or pets. (6) Maintain in convenient places, approved by tbe Englewood Fire Department, band fire extinguishers in the ratio of one to eacb eight units or mobile homes. (7) Pay promptly to the City of Inglewood the in- spection fee as specified in Section 13 above and all other licenses or fees required by tbe City ordinances or any other laws. (8) Prohibit the lighting of open fires on tbe premises. (9) Prohibit the use of any mobile home by a greater number of occupants than that which it is de- signed to accommodate. 15. GENERAL. (a) No mobile home shall be parked or permitted to stand upon any public street or alley in the City of Bn1le- wood for longer than a 24-bour period. If so parked, it shall be parallel with the curb and sball not ex- tend outward into the street a distance in excess of ten feet six inches measured at right angles witb the curb. (b) No mobile home shall be maintained upon any private or public property in the City of Bn1lewood when tbe same is used for living purposes unless tbe property is registered as a mobile bome park, nor aball &DJ mobile home be stored in any required front or aide yard as specified by the Zoning Ordinance. 16. TIME FOR COMPLIANCE. All mobile home parks which at the effective d~te hereof constitute non-conforming uses as defined and constituted by the City of Englewood Zoning Ordinance, shall within a reasonable time and in no event longer tban sixty (60) days from the effective date berecG:, ccolipl)r.-.wltb· .tlact ~ dards and requirements berein .. contained except as to provisions of Section 4 through 10, inclusive, wbicb shall be complied with on or before January l, 1962. 17 • BOARD OF ADJUSTMENT AND APPEALS. The Board shall have jurisdiction and power in passing upon appeals to grant variances or modify in specific cases the strict application of the provisions of tbis ordinance provided the following conditioDB are met: (a) PUBLIC HEARING. No variation or modification of tbe application of any provision of tbia ordinance shall be authorized except after public bearing thereon. Public notice of time and place and purpose of such bearing to be given by posting of tbe property affected for not less than 15 consecutive daJ•~ (b) HARDSHIP. There shall be unnecessary and sub- stantial hardship in applying the strict letter of such provisions, provided tbat no such variation or modification heretofore or subsequently authorized or existing shall constitute or be construed as a precedent, ground or cause for any other variation or modification by the Board, and that such power to vary or modify shall be strictly construed as specifically enumerated within the juris- diction of the Board. (c) PHYSICAL REQUIREMENTS ONLY. The authorization to vary or modify the provisions of this ordinance includes only the authority to vary or modify the physical requirements of the ordinance. However, in the matter of granting such variance, the Board shall first find that all of the following conditions are present: (1) That the plight of the owner of the property for :Whtcb tbe ~xac6aaoe is sought is due to unique circumstances existing on the property, not created by the owners and not due to general condition in the district in which the property is located. (2) That the development or use of the property, if held strictly to the zoning standards of the district in which it is located cannot yield a reasonable return in service, use or income compared to adjacent conforming property in the same district. (3) That the variance, if authorized, will nei- ther weaken the general purpose of this ordinance nor the regulations prescribed for the district in which the property is located. (4) That the variance, if authorized, will not alter the essential character of the dis- trict in which the property is located. (5) That the variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property. (6) That the variance will not authorize a use other than those u•es which are •pacifically enumerated as permitted uses for tbe dis- trict in which is located the property for which variance is sought. 18. PENALTIES. (a) A violation of this ordinance shall be punishable by a fine not exceeding three hundred dollars ($300.00), or by imprisonment not ••ceeding ,ninety (90) days for each offense, provided that each day that a violation is permitted to exist shall constitute a separate offense. (b), The City may, in its discretion, proceed against any violation or violator of this ordinance by abatement, injunction, or other civil action, which remedies shall be cumulative to the penalties in Section 16 A. 19. SBVBRABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. The City Council hereby declares that it would have passed this ordinance and each portion or portions thereof, irrespective of the fact that any one portion or portions be declared invalid or unconstitutional. 29, CONFLICT OF ORDINANCES: EFFECT OF PARTIAL INVALIDITY. I I I I ,, I I I In any ca•e . .where a provision of this ordinance is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the City of Englewood existing on the effective date of this ordinance, the provision, which establishes the higher standard for the proIDOtion and protection of the health and safety of the people, shall prevail. In any case where a provision of any other ordinance or code of the City of Englewood existing on the effective date of this ordinance establishes a lower standard for the promotion and protection of the health and safety and welfare of the people, the pro- visions of this ordinance shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in con- flict with this ordinance. In addition to the requirements set forth in these regulations, all mobile home parks and facilities shall be ea.tablished and constructed in compliance with all existing statutes, ordinances, codes and regulations of the City of Englewood, County of Arapahoe, and State of Colorado. Passed on first reading by the City Council of the City of Englewood, Colorado, this 18th day of August, 1958 and ordered published in the Englewood Herald and Enterprise. Jlayor ATTEST: Cl.ty Cl.erk Councilman Braun moved ) Hill seconded ) that the bill just read be passed on first reading and ordered published in the Englewood Herald and Bnterprise. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT : None. • • • • • • • • • An easement signed by Mr. A. G. Meyer in Scenic View area for a strip of land 30 feet wide for road and utilities, was presented for signature. Councilman G~aham moved ) Kreiling seconded ) that the Mayor be authorized to sign and the City Clerk attest same. AYES: Braun, Brownewell, Martin, Graham, Hill, Kl'.·eiling, llcLellan, Woods and Scott. NAYS: None. ABSENT : None. * * • • • • • • • An agreement was presented for the operation and maintenance of a joint trash and refuse disposal by and between the City of Englewood, Arapahoe County and the City of Littleton. Councilman Kreiling moved ) Brownewell seconded ) that the llayor be authorized to si.gn and the City Clerk attest same. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT : None. • • • • • • • • • Councilman McLellan moved ) Woods seconded ) that Marvin Foote be designated to carry on the work of the re-codification. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan Woods and Scott. ~ NAYS: None. ABSENT: •one. • • • * * * * * * The following resolution was presented and read in full. CERTIFICATE I, J. L. Barron, City Clerk-Ti·easurer of the City of En1lewooda: Colorado, do hereby certify that, at the beginnin1 of tbe 1958 fiscal ~ year there was an unappropriated surplus in the General Fund in tbe amount of $10,491.11, which surplus is still unencumbered and unappropriated aa of this date, according to the records of my office. August 18, 1958 J. L. BARRON City Clerk-Treasurer (SEAL) RESOLUTION WHEREAS, the installation of an adequate Police Court function . was deemed a necessity, and such action caused need for auditing, and for furniture, equipment, office supplies, and jury and witness fees, at a cost of $1,000.00 beyond the present Police Court budget; and WHEREAS, the Parks and Recreation Department bas need for addi- tional funds beyond the present Parks and Recreation budget, in order to complete such needed improvement and betterments during this season, and at a cost of $4,450.00; and WHEREAS, the purchase of an accounting machine for the Finance and Recording Department, and the transfer of tbe Purchasing Inventory function to that department, has caused need for additional funds be- yond the present departmental budget, in an amount of $1,850.00; and WHEREAS, the cost of needed office supplies in tbe City llana- ger 's office for the balance of the fiscal year, and tbe salaries of vacation aubatitute clerical help require• $300.00 laero~d tbe preaent budaet; and WHEREAS, there is an unencumbered and unappropriated surplus in the General Fund in the amount of $10,491.11, which situation' and condition has been certified by the City Clerk-Treasurer;- NOW THEREFORE BE IT RESOLVED, that budget transfers be authorized from tbe ''Unappropriated Surplus" in the General Fund to the various budgeted accounts in the General Fund as follows: 210-B 210-C 210-M POLICE COURT $100 100 800 $1,ooo. CITY MANAGER'S OFFICE 310-A 310-B $200. 100 $300 FINANCE AND RECORDING 410-A $900. 950 410-B p-;ftO PARKS AND RF.CREATION 910-A 910-C 910-J-l 920-A 920-F-l 920-F-2 920-G 920-B 920-I-l 920-J-2 920-L-l 920-L-2 $ 200 325 100 2,000 100 400 150 100 100 300 275 400 $4,450 I I I I I I .. I '-· .. All to be accomplished in the manner and under the authority of Sections 92 and 93 of Article X of the Home Rule Charter of the City of Englewood, Colorado, which article has been activated by resolution of the City Council on July 21, 1958. Councilman Braun moved ) Martin seconded ) that the resolution just read be approved and adopted. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan Woods and Scott. NAYS: None. ABSENT: None. * * * * * * * * • The following bill for an ordinance was presented and read in full. BILL FOR ORDINANCE NO. -- AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF ENGLDOOD, COLORADO, PAVING DISTRICT NO. 8 BONDS AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON. WHEREAS, Paving District No. 8 in the City of Englewood, Colorado, bas been duly created by Ordinance No. 16 of said City, finally adopted and approved on the 2nd day of June, 1958; and WHEREAS, Notice to Contractors to submit bids for the con- struction of the improvements in said District has been duly published and the contract for such construction has been duly awarded to Peter Kiewit Sons' Co. of Denver, Colorado; and · WHEREAS, Notice of the Sale of $210,000 of the bonds of said Diatrict has been duly published and such bonds have been awarded to Boettcher and Company and Associates, of Denver, Colorado; and WHEREAS, it is now necessary to provide for the issuance of said bonds and the form and payment thereof; THEREFORE, BE IT ORDAINED BY THE CITY COUlfCIL OF THE CITY OF BNGLBWOOD, COLORADO: ·,,- Section 1. By virtue of and in pursuance of the laws of the State of Colorado and the Charter of said City, bonds of Paving District No. 8 in said City shall be issued for the purpose of paying for local improvements constructed in said Paving District. Said bonds shall be dated September 1, 1958, and shall consist of 210 bonds in denomination of $1,000. each, numbered l to 210, inclusive. Said bonds shall be payable to bearer on September 1, 1969, subject to call and prior payment at any time after the date thereof. Said bonds shall be subscribed by the llayor, attested and countersigned by the City Clerk and Treasurer under the seal of the City and shall be payable out of monies collected from assessments to be levied for the improvements constructed in said District. Said bonds shall bear interest payable semi-annually on the lat day of March and the 1st day of September each year as evidenced by two sets of coupons to be attached to said bonds, such coupons to be signed with the facsimile signature of the City Clerk and Treasurer. Said interest coupons shall be designated "A" and "B", respectively. Bonds numbered 1 to 52, inclusive, shall have only two "A" coupons attached thereto, representing interest to September 1, 1959. Coupons shall be attached to bonds numbered in the following schedule showing interest rates and the number of "B" coupons to be attached to said bonds, to-wit: Bonds Nos. Amount "A" Coupons "B" Coupons 1-52 $52,000 2-3/4, l @ 3-1/4 CJ, to 3/1/59 to 9/1/59 only 53-84 32,000 3 ' to maturity 2 0 3, " 9/1/59 85-105 21,000 3-1/8 ' " " 4 Q 2-7/8 ' " 9/1/60 106-126 21,000 3-1/4 ' " " 6 @ 2-3/4 ' " 9/1/61 127-159 33,000 3-1/2 ' " " 6 • 2-1/2 ' " " 160-189 30,000 3-3/4 ' " " 6 • 2-1/4 ' " " 190-210 21,000 4 % " " 6 Q 2' " " Section 2. Said bonds and the coupons to be attached thereto shall be in substantially the following form, to-wit: UNITED STATES OF AMERICA STATE OF COLORADO No. ----- CITY OF ENGLEWOCI> PAVING DISTRICT NO. 8 BOND COUtn'Y OF ARAPAHOE $1,000 The Ci~y of Englewood, in the County of Arapahoe and State of Colorado, for value received, acknowledges itself indebted and hereby promises to pay to the bearer hereof the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, on the lst day of September, 1969, subject to call and payment, however, at any time prior thereto, with interest thereon from date until payment, as evidenced by the coupons attached hereto, payable semi-annually on the first day of March and the first day of September each year, principal and interest being payable at the office of the City Treasurer on presentation and surrender of the attached coupons and this Bond as they severally become due or are called for payment. This Bond is issued for the purpose of paying the cost of street improvements in Paving District No. 8, in the City of Englewood, Colorado, by virtue of and in full conformity with the laws of the State of Colorado, the Charter of said City, and an ordinance of said C~ty prior to the issuance hereof. This Bond is payable out of the proceeds of special assess- ments to be levied upon real estate situate in the City of Englewood, Colorado, in said Paving District No. 8, specially benefited by said improvements, which assessments so to be levied, with accrued interest, will be liens on said real estate in respective amounts to be appro- tioned thereto and assessed by an ordinance of said City. The Charter of said City provides: ''Whenever a public improvement district has paid and cancelled four-fifths of its bonds outstanding, and for any reason the remaining assessments are not paid in time to take up the final bonds of the district and interest due thereon, and there is not sufficient money in said special surplus and deficiency fund, then the City $ball pay said bonds when due and interest due thereon and reimburse itself by collecting the unpaid assessments due said district." It is hereby certified and recited that the total issue of bonds of said City for said District, including this Bond, does not exceed the amount authorized by law; that every requirement of the law relating to the creation of said Paving District No. 8, the mak- ing of said local improvements, and the issuance of this Bond, bas been fully complied with by the proper officers of said City, and that all conditions required to exist, and things required to be done precedent to and in the issue of this Bond to render the same lawful and valid, have happened, been properly done and performed, and did exist in regular and due time, form and manner, as required by law. For ~h' payment of this Bond and the interest thereon, the City pledges all of its lawful corporate powers. IN TESTIMONY WHEREOF, The City of Englewood has caused this Bond to be subscribed by its Mayor, attested and countersigned by its City Clerk and Treasurer, under the seal of the City, and the interest coupons hereto attached to be signed with the fac- simile signature of the City Clerk and Treasurer, as of the 1st day of September, 1958. Jlayor (SEAL) ATrBSTED AND COUNTERSIGNED: cny CDrlr ancr Treasurer (Form of Coupon) No. A $ ___ _ $ ___ _ No. B ----- On the 1st day of March, 19 , the City of Englewood, C9lorado, will pay to bearerSeptembeI" I I I II .- I .. I I ~~~~~~~~~~~~~~-DOLLARS DOLLARS in lawful money of the United States of America, at the office of the City Treasurer, in Englewood, Colorado, being six months' interest on its local improvement bond issued for the Construction of local improvements in Paving District No. 8, Englewood, Colorado, pro- vided the Bond to which this coupon is attached shall not have been theretofore called for payment or paid. Attached to Bond dated September l, 1958, bearing No. ----- (Facsimile Sign~ture) ~ .... - Ci tyCTerk and Treasurer Section 3. The proceeds of said bonds shall be applied only to pay the costs and expenses of constructing the improvements in said District and all other costs and expenses incident thereto. In the event that all of the proceeds of said bonds are not required to pay such costs and expenses, any remaining amount shall be paid into the special assessment fund for the purpose of paying the principal of and interest on s~id bonds. Section 4. Said bonds and the interest thereon shall be paid from special assessments to be levied on the real property in said District, from the Surplus and Deficiency Fund of said City and from any other available funds of the City. When there is on band a sufficient amount to pay six months' interest on outstanding bonds of said District, the City shall call for payment outstanding bonds in numerical order with funds available therefor. Section 5. After the expiration of the period for cash payments of assessments in full, the City shall pay each year not less than l()Cl, of the total amount of bonds of said District out- standing after the payment of bonds with the proceeds of such cash payments of assessments in full. Section 6. That in accordance with Section 108 of the Charter of said City, whenever there is a deficiency in the fund of said ~mprovement District to meet payment of outstanding bonds and interest thereon, such deficiency shall be paid out of the special surplus and Deficiency Fund of said City. Whenever said District bas paid and cancelled four-fifths of the bonds issued therefor and for any reason the remaining assessments are not paid in time to take up the final bonds of the District and in- terest due thereon and there is not sufficient money in said Sur- plus and Deficiency Fund, then the City shall pay said bonds when due and interest due thereon and reimburse itself by collecting the unpaid assessments due said District. Section 7. If it shall be necessary to advance money to maintain current payments of interest and equal annual payments of the principal amount of the bonds issued for said District, the City Council shall levy annual taxes on the taxable property within the City not exceeding two mills in any one year and shall apply the proceeds of such taxes for said purpose. In lieu of such tax levies, the Council may annually transfer to such special fund any available money of the City, but in no event shall the amount transferred in any one year exceed the amount which would result from a tax levied in such year as herein limited. Such tax levies or transfers of funds may be made in accordance with and pursuant to Section 109 of the Charter of said City. Section 8. All ordinances or parts thereof in conflict herewith are hereby repealed. In the event that any part or pro- vision of this Ordin~nce shouldbe judicially held invalid or unenforceable, such ruling shall not affect the remaining parts and provisions of this Ordinance, the intention being that each part and provision is severable. Section 9. This Ordinance, after its final passage, shall be recorded in a book kept for that purpose; shall be au- thenticated by the signatures of the M•or and City Clerk; shall be published as provided in the Charter of said City; and after becoming effective, shall be irrepealable until the bonds of said District shall be paid in full. Section 10. A public hearing on this Ordinance will be held in the Council Room of the City Hall on Tuesday, the 2nd day of September, at the hour of 8:00 o'clock P. M. Section 11. By reason of the fact that the completion at the earliest possible date of the improvements described in and contemplated by this Ordinance is necessary to the immediate pre- servation of the public safety, it is declared that an emergency exists and that this Ordinance shall take effect five (5) days after its final publication. IMTBCl>UCED AND READ This 18th day of August, 1958. Mayor ( S E A L ) ATTEST: cny--CI-erK Councilman Brownewell moved ) Kreiling seconded ) that the Bill just read be passed on first reading and ordered pub- lished in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan , Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The City Manager presented a one floor plan for the proposed Police Station Addition and suggested advertising for bids for same to be opened on Sept~mber 15, 1958 at 8:00 P.M. Councilman McLellan moved ) Woods seconded ) that notice to contractors be pub- lished and that bids be opened September 15, 1958 at &:00 P.K. AYES: Braun, Brownewell, Martjn, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Councilman Hill moved ) Martin seconded ) to adjourn to Tuesday, September 2, 1958, at 8:00 P.M. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. * * * * * * * * • Tb• llinutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 18th day of August, 1958 A.D., stand approved as -wr1't'tea .' this 2nd day of Se_ptember 1958, A.D. ATTEST: 9f4~ ,.;:7 T--City Cl.erk .... .. I I I