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Home My WebLink About1940-05-13 (Regular) Meeting MinutesREGULAR ?JEETH!G OF TH E CIT Y CO UNCIL OF TH E: CITY OF EI GlEYIOOD, C lO"i ADO, HELD i.!AY 13, 1940. Mayor Graham called themeeting to ord e r and asked tor Roll Call. ROll CALl: Cavender Present Koger Present 6 Pr esent Coombs 1 Present Vogel resent Clerk re a d the minutes of the previous meetings. 0 Absent Jenkins Present Weigand Present Alderman Weigand moved,) Cavender seconded,) that the minutes stand approved as read. ROLL CAlL: Cavender Aye loger Aye 6 Ay es Coombs Aye Vogel Aye 0 Nays O Absent Jenkins Aye Weigand Aye All bill re Fd by the Clerk and approved bJ the Finance Committee: (Warrant Register) SAl AnY FUND ••.•..••...•• I LIBRARY FUND 574.00 145.91 300.00 431.00 915.88 LIGHT FUt JD FIRE FUND POLICE F ' 't !D STREET SU ND GE';E:'1 A1 FUi D 1,8 51.17 IS9,15 1s.226.36 Clerk re ·d the orticers' Reports for the ~onth Of ~pr1l, 1940. Alderman Koger moved,) Weigand sec ~nded,) that the Officers' Reports be accepted and filed. ROll CAlL: CAV EN DER AYE Koger Aye 6 ftyes Alderman Vogel moved,J Co ambs Aye Vogel Aye 0 Nays o Absent Jenkins Aye Wei g and Aye Wei £a nd seconded) that the City Treasurer be authorized to tranater One Thousand dollars ($1000) from the City funds (Street Depart- me nt) to the WPA Project 13729 and a further transfer or Two hundred twenty three dollars and sixty one cents ($223.61) from the City Street Department tunds to the Wf A Project 13729 to overcome def ic1t · in Project; also a transfer from Project # 2512 to rroject H3729 ot $347.00. ROll CAll: Cavender Aye Koger Aye 6 Ayes Alderman Jenkins moved,) Coombs Aye Vo gel 1t.ye 0 Nays 0 Absent Jenkins ~ye Weigand Aye ,.. Cavender seconded,) the authorization of a disbursement of $500.00 to s. R. DeBoer tor a 1/3 payment on Zoning expense. ROll CAlL: Cavender Aye Koger Aye 6 Ayes Coombs Aye Vogel Aye 0 Nays O lbsent Jenkins Aye Weigand "-ye Chi e f of Policecame before the council and requested the approval of the City Cou n cil on he designation of ~uincey Avenue erom Clarkson to Huron Streeta and Clarkson Street from Ham pden, south to Quincy, under authority vested in h im by t h e ~nglewood Traffic Code. Alderman Jenkins moved,) Cavend er second ed,) that the r uest be allowed. ROLL IALl: Cavender Aye Koger Aye 6 Ayes Coombs Aye Vogel Aye 0 Nays RESOLUTION 0 Absent Jenkins Aye Weigand Aye WHEREAS, on the 28th day of June, 1922, the City or Englewood and the City and Count y of Denver, did by duly executed and acknowledged con ·r ct enter into an agreement where by the said City and Co ~nty ot Denver, in co n- sideration of the payment of $57,174.80 in cash and the cons t ruction or 79 .. 80 5843 linear feet of 1 8 inch vitrified sewer pupe main within the boundaries of the City and County of Denver, and the performance of certain other acts a n d agtee nents, a c ree to permit the said City of Englewood tree of all other charges to oonneat its Sanitary S ew er main to the West and South Side Sanitary iewe r of the City an ~d County of Denver, and to discharge the sewag e therein into said West and South Side Sanitary Sewer of the Cit y and County of Denv r until such time as the capacity ot said West and South Side S a nit a ry Sewer ~a required by the inhabitants of the City and County of Denver; and V1~REAS, said City of Anglewood did pay the said 157,174.80 and id construct said vitrifie G sewer pipe main and did perform all other c ovenants, agr e emen l s, and requirements of said contract by it to b e performed; and WH:::.~l:.:.;s the ful ..:. capac1 ty of the \'l est a nd South Side wani- tary Sewer of the dity and Co ~nty of Denver is not required by the said City and County o f Denver and its inh ab itants; and '.7 •"i !!:: :::.n:>, the said City and County of Denver has by notice and sta tement mailed to certain of the p ro r ert; owners ot the City ot En g ·e~o od , demanded the pay. ent of assessments supposedly due for sewage dis p osal service, n Jtwithstanding the said a g reement existin ~ between the City and Coun t· of De nver and the City of 6ngl e ::ood; and WHEREAS, said asserted assessments are in controvention ot said contract and are an attempt to im p ose upon the property owners ot the City of Englew .od a burden fo r whic h no service has been rendered and wh ich the said p roperty owners of the City of Englewood are neither c ontractually or legall y liable to pay; and WHEREAS, it is necessery that the property owners of the City of Englewood be advised and inf rmed of the nature and illegality ot said asserted assessments and to abstain from the p ayment thereof: N .. ,THE REFO RE , BE IT RES OIVE D that the following notice be pu bli she d one a week f o r three (3J cons e cutive weeks in the Inglewood Herald, ihe ~ngleY1ood Enterprise, The Engle wood Pre s s, and The Englewood Ti mes: NOTICE T ~ FROFERTY OWNERS RE SEWER AS ESSMENT S It has been brought tottie attention of the Mayor and City Qou n cil of Englewood that the Department of I provements and Parks of the City ot Denver has sent to certain Of the reside n ts of Englewood statements demanding the pay1aent ot sewage disposal system service for the ye &rs 1937 to 1939, inclusive, together with a n tice that such charges will be levi.ed 3 :·nually in the future. It is asserted by the City of Denver that its right to make such assess 1ent is based upon Cha p ter 221 of the Session La ~s of Colorado, 1937. The legality of the assetted claim has been referre• to the City Att o rney of Englewood, upon whose opinion the residents of Englewood are here- by ad v ised that the claim of the City and County of De nver of the right to l e vy assessments for seY1a c e dispos1!l service is in violation of that certain contract between the City and County of Denver and the City of Engle wood, dated June 28, 1922. The said clai m of the Cit j andCounty of Denver is not authorized by Chapter 221 of the Session La ~s of Colorado of 1937, and, is, in fact, unenforcible, illegal a n d void .under the laws and constitution of the State of Colorado. The residents of ~ g~ewood are, therefore, advised to disregard any and all notices or bills for sewag e disposal service sent them by the City and County of Denver, or an d c part ?uent or agent thereof, and to ma e no payn ent thereon. Aldenaan Weiga nd moved,) Coombs seconded,) the adoption of the foregoing resolution. ROll CALL: Cavender Aye Koger Aye 6 Ayes Cooms Aye Vogel Aye 0 Nays RESOLUTION 0 Absent Jenkins Aye Weigand A.ye WHEREAS, The County Treasurer ot the County ot Arapahoe has heee- t o fore held a tax sale and h ~s sold certain Special Improvement District I I I I Tax Sale ~ertiticates to the City of ~ng l ewood, as provided by statute, there being no othe r bidders thereon at the tax sale; and •~~~EA ~, e ver si · ce said sale the said Tre a s · rer has ac t ed es the collecting ag ent and has acce i:ted the p ayment for all of said s p ecial i m ·r ~v e m e ~t district tax sale certificat e s wh en assi g ned by the c ·t y of ~ngle w ood; and WHE EAS, the s a id c ounty treas u rer i s no 1 nger willing to e ccept t h e sums paid for a ssi gn ment of said c e rtificates and demands that the City of ~ngle w ood rovide s ome means of coll e cting tor said certificates as and \'1 ;en they a re assigned; NOW TH E?EF O-E, SE IT RE SO l VED, BY THE CITY COUN Cil OF SHE CITY OF Et Gl EW OOD, CO I ORADO: that the Treasurer of the City of Englewood, be and he is her e by ~ a u thorized and direc t ed to assume the duty of acce ting p a y .ent of the face amount thereof p l us the le g al interes* the asaign11ent of S p ecial Improveme n t District Tax s ~le Certificates held by the City of En g lewood • • Al d erman Coo mbs mov e d,) Koger seconded,) t h e adoption of t h e foregoing resol u tion. ROll C All.: Ca vender Ay e Koger 4'.ye 6 Ayes Alderman Koger m ~v ed,) Co ombs i-.ye · Vogel Aye 0 Nays 0 Absent Jenkins "'ye leigand Aye Vogel seconded,) that there being no further business to come before the Counci l , Co uncil adjourn until I.lay 27, 1940. ROl l CAll: Cavender Aye Ko g er Aye 6 Ayes Coombs Aye Vo g el Ay e O Nays Jenkins ft.ye Weigand "ye Minutes of this meeting stand approve d as read this 10th day ot June, 1849. CITY ClERK 81