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Home My WebLink About1956-04-16 (Regular) Meeting MinutesI I I I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ENGUl-lOOD, COLORADO, HELD MONDAY THE 16TH DAY OF APRIL A. D. 1956. Reverend Leonard J. Mettling of the Mayflower Con gregational Church gave the Invocation. Mayor Purcell called the meeting to order and asked for Roll Call. Present: Bra'lD'l, Mca...e, McLellan, Nies, Parker, Purcell, Scott and Woods Absent: Rapp Hearing was held on the application or Spencer L. Stoue;hton and Ruth K. Stoughton for Beer and Wine license in a restaurant to be located at LJ82 South Broadway. Attorney F.arl K. Hower representing the applicants presented petition containing approxinatel.y 716 names. Mr. Hower presented several letters of recommendation and a floor plan and lease agreement and ex- plained the type of operations. Mr. SUJ1111Brs representing the opposition presented petitions containing approxi-.tely 900 naaes and presented several witnesses. Some stated they thought Mr. Stoughton, did not operate his present business "a Recreation Parlor" as it should be operated and didn't want to see him try to operate a Liquor Outlet. Co\D'lcilman Rapp entered and was seated with the Council. Mr. Summers presented the following letter signed by eight people in the 4300 Block of South Broad- way. George J. Baker ex-off icio head, State Liquor Licensing Authority Englewood City Co\D'lcil, En glewood Gentlemen: We t he undersigned busines s men and citizens of t he vicinity of L382 South Broadway, Englewood, Colorado do hereby protest th e i ssuanc e of a Be er an d Wine License to Spencer Stoughton and Ruth K. Stoughton to sell t he above products at LJ80 South Broadway in this City, for the following reasons: That he has not complied with the law. That he is not now operating a required restaurant. '!bat he has not properly and legally prepared a liquor license application. That such a place would be a nuisance. Councilman Parker moved McLellan seconded: That the hearing be closed. Ayes: Braun, McCabe, McLellan, Nies,, Parker, Purcell, Rapp, Scott and Woods Nays: None Absent: None A request was made that an agreement dated September 25, 1953 between the City of Englewood and Mi-s. Asl.D'ldi Clapp (now deceased) be extended to Include "heirs, Adm, Exe. and second party," so that benefits still accruing ~ be available to heirs of Mrs. Asundi Clapp. Councilman Scott moved, Bral.D'l secondedJ 'nlat a rider be attached to the original agreement conveying to the heirs the benefits accuring to Mrs. Asundi Clapp. qes: Bra'lD'l, HcCabe, HcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None Mr. R. L. Westerberg of the Insurers Group stated all buildings had been measured, inspected and reap- praised and suggested that all 28 Fire Insurance policies be cancelled and 5 new policies be issued and that the Liability policies be changed to a comprehensive general liability policy. Council.nan Scott moved, Braun . secondedJ That the Fire Insurance and Liability Insurance Program be adopted and the City Manager be authorized to proceed in having the changes made. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None Co\D'lCilman Parker moved, Bral.D'l seconded: Tbat the Council deny the application for Beer and Wine License on the grounds that the ne eds of the COllllllunity are now adequately served and that a majority of the inhabi- tants seem to be opposed to this type of operation. Co'lD'lcil.Dan Rapp mved, and Woods seconded: To amend the Motion by striking the reasons for denial and confin- ing the question only to the matter or denial of the application. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None Councilnan Nies moved, Woods secondeds To a11end the original motion as amended to read as followss That the application be denied because the applicant does not meet the reasonable restrictions and re- quirements of the City. Because ot the remonstrance of the citizens in the neighborhood. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None 'nle mayor then called for a vote on the original mot i on as amended • . Ayes1 Bral.D1 1 McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nqs1 None Mr. Rudd stated he met with representatives from six Bond Houses on the sale or special paving District Bonds and there seemed to be more information desired by the Council. ColD'lcilman Scott moved, ti:Cabe seconded: That the City Manager be requested to get further intoration on the cost or the sale of the Bonds. 'nlis will be discussed at an adjourned meeting to be held April 23 1 19$6. Ayes1 BralD'l, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods H~az Hone Mr. Warburton with the Tri-County Health Department, stated that the Fields Rest Home at 825 West Ralllpden, was in dire need or Sewage facilities and wanted a statement from the City as to the possibilities of s .. er Service. ColD'lcu.n McLellan stated Mr. Fields was channeling raw sewage into Little Dr,y Creek. Mr. Fields stated he was told that the cost of a sewer line there would be prohibitive on accolD'lt of the lay of the land. Council.man Scott moved, Nies seconded: That the City Manager be instructed to investigate. Ayes1 Braun, ti:Cabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None A request was received .from Colorado Central Power Co., for an agreement for power line along and within a 100 ft. strip on the Atchison Ranch reservedto the City for Ingress and Egress purposes in the proposed Martin Lease. Councilman Rapp moved, Braun seconded• To approve the agreement. Ayes: Bral.D1 1 McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nqs: None Council.marl Nies made a report on the ColD'lcil and School Liaison Committee Meeting, and asked that the City appoint two ex-council members as representatives to a joint committee for survey purposes. Councilman Nies moved, Woods seconded: That the Mayor select two representatives. Ayesa Braun, McCabe, Nies, Parker, Purcell, Rapp, Scott and Woods Nqsz None City Attorney Joe Esch stated it was legal tor the City to sell the triangle of land at Broadway and Jefferson which was purchased as highway and not needed. CouncU..n Woods mved, Rapp secondeds That the City sell the property to Albert J. Finer for t285o.oo and that an ordinance be drawn authorizing the sale. Ayesz Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nqsz None Council.man MeLellan moved, lt:Cabe seconded: 'nlat the City Attorney be authorized to quiet title to the old city dUllP grol.D1ds and that the City Manager use that portion he de8118 necessary for Street Depart- Mnt and to ofter for sale that part not needed and to refer all offers to the City Council • . Ayes: Braun, McCabe, MeLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nqs: None 'nle official lease agreement with the Glenn L. Martin Co, was presented for final approval. Councilan tt:Lellan moved, Rapp secondeds That the Lease agreement with Glenn L. Martin Co. be accepted and th&t1he Mqor and City Clerk be authorized to sign and that the following Bill presented and read in full be passed on first read.ing and ordered published in the Englewood Press. I I I I I !I A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR AND OTHER PROPERTY OFFICIAI.5 TO ENTER INTO A CERTAIN WRITTml !EASE AND AGREEMENT WITH THE GLENN L. MARTIN COMPANY: RATIFYING ALL ACTION HERETO- FORE TAKEN IN COONECTION THEREl-l!TH: MID DECLARnm AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGI.DJOOD, COLORADO Section 1. 'nlat the Mayor and other property officials of the City of Englewood, in the County or Arapahoe and State of Colorado, be, and they hereby are, authorized, empowered and directed in the name and on behalf of the City of Englewood to make and enter into a written lease and agree•nt between the Glenn L. Martin Company, a corporation organized and existing under the laws or the State of Maryl.and, and duly qualified to do business in .the State of Colorado, and the City of Englewood, in the words and figures contained and set forth in that form of lease and agreement tiled in the office of the City Clerk of the City of Englewood, on the 16th da1' of April, 1956. Section 2. That all action heretofore taken (not inconsistent with the provisions of this ord- inance) by the City ot Englewood and the officers thereof, directed towards making and entering into said written lease and agreement be, and the same hereby is, ratified, approved and confirmed. Section 3. niat the officers of the City of Englewood be, and they hereby are, authorized and dlrected to take all action necessary or appropriate to effectuate the provisions of this ordinance. Section ~. 'nlat it any one or more sections, sentences, clauses or parts of this ordinance shall for any reasonbt questioned or held incalid, such judgement shall not affect, impair or invalidate the renaining provisions of this ordinance, but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this ordinance so held unconstitutional or invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this ordinance in any instances. · Section $. That all ordinances, resolutions, by-laws and regulations of the City of Englewood, in coriti1ct with this ordinanc e , are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, by-law, or regulation, or part thereof, heretofore repealed. Section 6. That this ordinance, immediately on its final passage, shall be recorded in the City book of ordinances kept for that purpose, authenticated by the Signatures of the Mayor and Clerk, and shall be published in the Englewood Press, a weekly newspaper printed, published and of gen- eral circulation in said City. Section 7. 'nlat by reason of the fact that the best interests of the City of Englewood and the 1nhab1tants thereof require the immediate execution and delivery of said lease and agreement, an emergency is declared to exist, and this ordinance is necessary to the immediate preservation of the public peace, health and safety, and shall be in full force and effect five days after pub- lication. Introduced and read on the 16 ~ of April, 1956. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None 'nle following bill for an ordinanc e was presented and read in full. A BILL FOR AN ORDmANCE REPF.ALD1G CHAPTER L THR OUGH L6 OF ORDINANCE NO. 1 SERm> OF 19L3 OF THE CITY OP' ENGL&JOOD, COLORADO: ADOPTING BY REFERENCE AN D SUBSTITUTrna THEREFORE CHAPTERS L THROUGH L9 AND CHAPTERS 51 THROUGH 5L OF THE TECHNICAL PROVIS IONS OF THE BUILDING CODE OF THE CITY AND COUNTY OP' DElNER , COLORADO, BEING PARTS OF ORTJINANCE NO . 1.LO SERIES OF 1949, OF THE ORDIRANCES OF THE CITY ~T) Cn1.'NTY OF D~JVER, COLORADO, AS AMENDED, MODIFIEn AND N(l.J :m EFFECT, PURSUANT TO ARTICLE .34 OP' CHAPTER 139, COLORADO REVISED STATUTES OF 1953, AS ArIDmED, FOR THE PURPOSE OF RIDULATING THE c~ STRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIPMENT, USE A'TD OCCUPANCY, LOCATION AND MAINTnlANCE OF BUILDINGS OR OTHER STR U C~ HERETOFORE OR HERF.AFTF.R ERECTED WITHIN THE CITY OF mlGLP}IOOD, COL- ORADO: PROVIDING FOR PUBLIC HEARING AN D NOTICE OF PlffiLIC HF.ARING THEREC!l: AND REPEALING ALL ORDIN- ANCE IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG L&!OOD , COLORADO: Section 1. Chapter L thro~h L6 of Ordinance No . 1, Series of l9LJ, of the Ordinances or the City of Englewood, Colorado, and all amendments thereto, are hereby r epealed and Chapters 4 through 49 Chapters 51 through 5L ot the technical provisions of the buil~ine Code or the City and County of Denver, Colorado, as amended, modified and now in effect, are hereby adopted and substituted there- for, except as aJnended in Section 2. hereof, pursuant to the provisions of Article .34, Chapter 139, Colorado Revised Statutes or 1953, as amended. Tile said Chapters L through 49 and Chapter 51 through 5L ot the technical provisions or the Buildtne Code of the City and County ot Denver, Colorado here- in adopted, are parts of Ordinance No. lLO Serjes of 19L9 of the Ordinances of the City and County of Denver, Colorado, as passed on First Readine July 25, 19L9, duly published in pamphlet form July 28, 19L9, placed upon Final Reading and passed at a regular meeting held August 2, 1949, signed by the Mayor on August L, 19L9, and again published in pamphlet form August 6, 19L9, as amended, modi- fied, and now in effect. Section 2. Chapter L through L9 and Chapters 51 through 54 of the technical provisions of the BUlld!ng Code of the City and County of Denver, Colorado, being parts of Ordinance No. 140, Seri es o! 1949 o! the Ordinances of the City and County of Denver, Colorado, as amended, DK>di- fied and now in effect, hereinabove adopted in Section 1. hereof, are hereby amended and mod.ified to read as follows: Section 5~ (a) lat sentence Delete Words, "and County of Denver." Section 507 (c) Delete Words,"(Ord, No. 14 Series 192.5 as amended)" Add WordS, "(Ord. No. 1 Series 1943, Sec 1601 thru 1607 as amended)" Section 603 (a) Delete Words,"(Ord. No. 14 Series 1925 asanended)" Add Words, "(Ord. No. 1 Series 19LJ Section 1601 thru 1607 as amended)~ Section 608 4th Paragraph Delete entire paragraph staring, "Every gas service-etc. etc., ending, Hand adequately marked." Section 703 (a) Delete Words, "{Ord. No. 14 Series 1925 as a mended)" Add Word8, "(Ord. No. 1 Series 19LJ Section 1601 thru 1607 as amended.") Section 803 (a) Delete Words, "(Ord. No. ldd WordS, 14 Series 1925 as amended)" 1 ~eries 1943 Section 1601 thru ·1607 as a mended)" "(Ord. No. Section 903 (a) Delete Words, "(Ord. No. Xdd word8, "(Ord. No. 14 Series 1925 as amended)". 1 Series 1943 Section 1601 thru 1607 as amended.)" Section 1003 (a) Delete Words, "(Ord. No. Add Wordi, 14 Series 1925 asanended)" 1 Series 1943 Section 1601 thru 1()07 as amended.)" "(Ord. Mo. Section 1103 (aj Delete Words, "(Ord. No. xaa wora8, 14 Series 1925 as amended)" 1 Seri es 19LJ Section 1601 thru 1607 as ·uended. )" "(Ord. No. Section 1203 (a) Delete Words, "(Ord. No. ldd wordi, 14 Series 1925 as amended)" 1 Series 1943 Section 1601 thru 1607 as amended.)" "(Ord. No. - Section 1303 (a) Delete Words, "{Ord. No. Add •ordS, " (Ord. No. 14 Series 1925 as amended)" 1 Series 19LJ Section 1601thru1607 as amended.)" Section 1403 (a) Delete Words, "(Ord. No. ldd Wordi, 14 Series 192.5 as amended)" 1 Series 19L3 Section 1601 thru 1607 as amended.)" "(Ord. No. Section 1.501 (Division two) Delete Word, "(and)" ldd Wordii, Following tower, "(and retaining walls)"• Section 140.3 (b) Delete Words, "(Ord. No. 14 Series 192.5 as amended.)" Add word8, "Ord. No. 45 Series 1955. )" Section 1503 (a) Delete Words, "(Ord. No. 14 Series 1925 as amended.)" ldd Wordi. "(Ord. No. 1 Series 1943 Section 1601 thru 1607 as amended.)" Section lS0.3 (b) Delete Words, "(Ord. No. l4 Series 192.5 as amended.)" lctd Wordi "(Ord. No. 45 Series 1955.)" Section 1.508 (b) Item two Section 1.508 (b) Item three Section 1508 (b) Item six Section 1.508 (b) Item seven Section 1.508 (b) Item nine Add between the words, "Dwelling" and "Provided," the words, "(The balance toward the rear may not be over five feet (.5) •" Delete 1.5 words and fieures following !'(six .f'eet) -- Add at end. "In case of a fence erected adjacent to and paralleled with a retaining wall, but on the low side of such wall the height of the fence -.y be measured .f'rom the top of the wall)"• Add at end, "(rear yard fence for a distance of 1.5 feet back shall taper down to three feet six inches (3'6") on the street side property line.)" Add at end, "(Retain1ne walls in residential areas shall not exceed three feet silt inches (3 1 6") in he ight unless stepped back one foot (1 1 ) for each one foot (l') of additional height. (Any variance must be approved by the board of Appeals.) I I I I I Section 1508 Item ten Section 1601 Section 18Q2l Section 1902 {a) Delete Words, xaa woraa, Section 2002 {a) Delete Worda, Xda woras, Section 2102 {a) Delete Words, Ida vorai, Section 2202 (a) Delete Words, lad WorCLi, Section 28oo (a) Delete, Add, Section 28oo (a) Delete Words, xaa woraa, Section .3105 Section Jlo6 Table J1A Section Jlo6 Ta ble JlA Delete Add Section 3702 {b) Delete Section 3709 (f') Delete Words, Add WordS, Section Jn2 {i) Delete Words, Add Words, Section Jn5 {a) Delete Words, Section 380L (m) Delete, lad, Chapter LL Delete Words, "{or when a certified copy)". ldd words, "(and a certified copy)"• Delete entire section except title Xdd H(for the purpose or this code the entire City is hereby declared to be lil"'ire Zones as established in Ordinance No. 1 Series 19L3 Section 16ol thru 1607 as a.nded. Whenever reference in this code is •de to Fire Zone .3 1 and, or, Fire Zone L it shall be construed to mean Fire Zone 3 ot the herein mn- tioned Ordinance No. l)". Delete Words, Add Words, "{Ord. No 11., Series 1925 as amended.)" " {Ord. No 1 Series 19L3 Section 16ol thru 1607 as u.nded. )" "(Ord. No. 11., Series 1925 as amended.)" "(Ord. No. 1 Series 19L3 Section 1601 thru 1607 as amended.)" "(Ord. No. lL Series 1925 as amended.)" "{Ord. No. 1 Series 19L3 Section 1601 thru 1607 as amended.)" "(Ord. No. 1 Series 19LJ Section 1601 thru 1607 as ... nded.)" "(Ord. No. 11., Series 19L3 Section 1601 thru 1607 as amended.)" "(Ord. No. lL Series 1925 as amended.)" "(Ord. No. 1 Series 19L3 Section 1601 thru 1607 as amended.)" Last sentence of first paraeraph. Starting, "Protection shall be as re- quired--etc" • · "Protection shall be as required by the Chief Building Inspector." "(From the manager of Parks and Improvement)"• "(Where a permit shallbt obtained, taken to the Police Departmnt and a clearance and police escort obtained)"• Add Sub. Par. c~ "(Actual measured minimum thickness ot wood floors shall be three fourths ( /L") 1x6 or wider boards may be used tor sub flooring and shall be lain diagonally at thirty to forty-five degrees to the floor joist)"• Add words, "{over basement or )" Xdd to top of Column J. Separate the lower section of Table 31A entitled, "Minimun thickness ot plywood." Entitle this section JlB. Five sixteenth inch pJ.¥wood from the table 1 and the span section for twenty pound live load. Followine the words, "across s upports" the words, "joints of sheets shall be staggered"• Third sentence starti ng "(Existine; chimneys)"• (Denver) (High altitude) "in accordance with the other provisions of this code. (Ord. No. 257, Series 19SL)"• "with one quarter inch Ci") mesh hard ware cloth." "and County of Denver." "Denver Fire Department." "Eng lewood Fire Department." Ordinance 1.)6 Series 1950 shall be referred to as follows, Chapter LL to include Sections 1 through 11, LL-136 Section 1 through LL-136 Section 11 as herein amended. Section LL-136 Sec. 2c Delete Words, "and County of Denver" Delete wordi, "Manager of Improvements and Parks." lddwordi, "City Engineer." Delete list sentence at.art.inf, "Under conditions or unusual, etc." Add sentences, Wunder cond1t ons or tmusual hazard, the City Engineer ~ require 11ih111ty insurance for the protection of persons and property on public property." Section L~-136 Sec. 3 Delete Words, "Manager of Improvements and parks." Add Wordi, "City Engineer." . , Delete, "second and third paragraphs". Add, "'nle building Uepartment shall entorce provisions of this section 44=1J6 hereof with relation to construction and safety of walks, barricades, canopies, railing or fences. Permits shall be issued only after approval of the City Engineer". 1.n.na OS da "Chapter 50" in " Section "7UU• Delete Wor • "En glewood Plumb g • xaa Wordi, Section 5101 Delete Words, "and County ot Denver". Section .5101 (k) Delete Words, "And County of Denver." Section SlOl (s) Delete Words, "And County of Denver"• Section Slll (b) Delete Words, "And County or Denver". Section Sill (j) Delete Worda, "Deaver rated"• xaa worcti, "high altitude rated". Section SUS (e) Delete Words, "Manager of Health and Hospitals". Section 5127 (a) Delete Words, "Prnention Bureau" l&I iortfi, "departmnt" Section 5133 (a) .Delete Words, "and County of Denver" Section 5158 (b) Delete Words, "Preventi on Bureau or the City and County of Denver." ldd, "department" - Section 5158 (f) Delete, xaa, - "Denver" "Englewood" Chapter 52 Definitions -gas Delete Worda, "and County or Denver" Section 5272 (last sentence under clearances) (b) Delete Word8, "and County ot Denver" Section 52n (j) Delete Words, "Denver rating" ldd wora;, "high altitude rating" Section 52n (t) Delete Word, "Denver " (twice) Section 5278 (a) Delete Word, "Denver" Section 5279 (b) Delete Word, Idd Vora, Section 5la03 "Denver" "high altitude" (d) Delete all following words startin£1 "in accordance with etc." Section SL07 (t) Delete, ldd, - Section SL07 "165 pounds" "to cmnply with State Plumbin g Code, Sec. 10-16-2 dated Oot. 28, 19.5'3 as amended". (h) Delete Word, "receptacle" Add at End, "or to the outside in a manner approved by the Chief Building Inspector". I I I I ,, I Section 5b07 (Pressure reducing valve) Add paragraph, {k) A pressure reducing valve shall be installed to limit the pressure on the house piping to 75 Pai as provided in the En clewood Plumbing Code Sec. 10-14-7 Colo. Technical Plumbing Code .regulations dated Oct 28, 1953. Each and every reference to "Cit;y and Count;y of Denver" in the Section Index and the general index shall be deleted and the words, "City of En e lewood" added in their place. The Board of Appeals and the Board of Examiners each as herein referred ·.to shall be the Zon- ing Boa.rd of Adjustment as created in Sec. C-art.-Ordinance No. 45 Series 1955, dated Nov. 7, 1955. The Building Departmnt as herein referred to shall be the Building Inspection Department as created in Sec. G-art. ll Ordinance Mo. 45 Series 1955, dated Nov. 11 1955. Section J. After the First Reading of this Ordinance and of the parts of the Building Code of the City and ColD'lty of Denver, Colorado to be adopted by reference thereby, a public hearing thereon shall be held in the Council Chambers in the City Hall, J.345 South Bannock Street, Englewood, Colo- rado on the 7th day of May, A. D. 1956, at the hour of 8:00 o'clock P. M•, and notice of such hearing signed by the Mayor and City Clerk, shall be published twice in the Englewood Press once at least eight (8) days preceding the hearing, and once at least fifteen {lS) days preceding it, pursuant to the provisions of Section J, Article JI,, Chapter 139 1 Colorado Revised Statutes 1953, as amended. Section L. All Ordinance and parts of Ordinances in conflict herewith are hereby repealed. Section S. If any section, subsection, sentence, clause or phrase of this Ordinance is, tor any reason, held to be unconstitutional, such decisions shall not affect the validity of this Or- dinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or &IJ1' sections, sub- section, sentences, clauses and phrases be declared unconstitutional. Section 6. The City Council hereby finds, determines and declares that this Ordinance is necessar;y rorttie immediate preservation of public health, safety and convenience. Section 7. In the opinion of the City Council an emergency exists; therefore, this Ordin- ance is to take effect and be in force from and after its final passage and publication. Passed on First Reading b;y the City Council of the Cit;y of Englewood, Colorado this 16 day of April, A. D. 1956, and ordered published in the Englewood Press. A~Tt MaYor City"Clirk Councilman Rapp moved, McLellan seconded: That the Bill just read be passed on first reading and ordered published in the Englewood Press and that notice of hearing be published and hearing be held Ml1' 7th. Ayes: Braun, McCabe, Mcl'.A!lla n, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None The following Bi ll for an Ordinanc e was presented and read in full: A BILL FOR AN ORDINANCE VACA.TING ALL OF TH E ALLEY IM DLO CK ONE (1), HIGGINS BROAiliAY ADDITION, CITY OF EN• GLFliiOOD 1 ARAPAHOE COUNTY 1 COLORADO• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That all of the alley in Block one (1), Higgins Broadway Addition, City of Engle- wood, Arapahoe County, Colorado, be and hereby is, declared vacted, pursuant to the provisions ot Section 13, Article 1, Chapter 120, Colorado Revised Statutes 1953, and that title thereto shall vest in the owners of abutting land, a9 provided in said Chapter 120. Section~. That the hereinabove descr i bed land is located entirely within the City of Engle- wood, Colorado, and does not constutute a boundary line between the City of Englewood and any County or other municipality. Section J. That the vacation of t he hereina bove described alley will not leave an;,y adjoining land without an established public road conn e ctinc said land with another established public road. Section L. That the City of En glewood does hereby expressly reserve rights of way or easements for the continued use of existinc sewer, gas, water or similar pipe lines and appurtenances and for ditches or canals and appurtenance s , and for electric, telephone and similar lines and appurtenances, nor located int he hereinabove described vacate d part of Hieeins Broadway Addition. Section 5. The City Counc i l hereby finds, ~et ~rmi nes and declares that this Ordinance is necessary for the immediate preservat i on of public pe ac e , health, safety and convenience. Section 6. In the op.inion of the City Counc il an emergency exists; therefore this ordinance s hall take effect and be in force from and after its final passage and publication. Passed on First Reading by the Ci ty Counc i l of the City of En e lewood, Colorado, this 16th day of April , A. D. 19561 and ordered published in the En c l ewood Press. Councilman Braun moved, Woods secon~ed: Tha t the bill just read be passed on first reading and ordered published in the En glewood Press . Ayes: Braun , McCabe , McLellan, Mies , Parker, Purc e ll, Rapp, Scott and Woods Nqs : None There was presented and read in full t he following Bill for an Ordinance: A BIU. FOR AN ORDINANCE APP RO'IING THE ANNEXATION OF THE ?qO PERTY HEP..EilIAFTER DESCRIBED TO THE CITY OF Elf• GL&/000 1 COLOPADO, AND ANNEXING SAID DESCRIBED PROPERTY TO THE CITY OF ENGU.WOOD, COLORADO, TO-WIT: ALL THAT PORTION OF SECTIOM 33 AND JL, TeJ..TNSHTP 1' SOUTH, P.ANOE 68 WEST OF THE 6TH PRINCIPAL MERID- IAN, CONTAINED WITHIN THE FOLLOtJnm OE.S CRT!3ED ROUNDAR IF.S: BIDINNillG AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE RIGHT-OF-WAY OF THE DENVER AND RIO GRANDE RAILROAD AND THE F.AST-wg;T CENTER LINE TO THE CE.lTTER OF SAID SECTION 33; THENC E NORTH, ALONG THE NORTH AND SOUTH CENTER LINE OF SAID j SECTICll 33, TO THE SOUTH WEST CORNER OF THE ~TORTHWES T QUARTER OF THE NORTHF.AST QUARTER OF SAID SEC- TIC!J J.3J THENC.E EAST J ALONG THE SOUTH r,n~E OF SAID N'1RTHWEST QUARTER NORTHF..AST QUARTER OF SAID SF.CTICll 33 1 L25 FEET, MORE OR ~S, TO THE POINT OF INTF.RSECTION OF SAID SOUTH LINE WITH THE WF.ST- '/ ERLY LINE OF THE AREA PROPOSED TO DE ANNFJCED TO THE CITY AND COUNTY OF DENVER,, PURSUANT TO Rl!50LU-~ TICll 2 1 SERIES OF 1956 , OF THE COUNC IL OF SAID CITY AND COUNTY, SAID WESTERLY LINE BEING PARALLEL ~ (' TO AND SO FEET ~TERLY OF THE OFFICIAL CHAmTEL OF THE SOUTH PLATTE RIVER AS ESTABLISHED BY CllDIN- '\ ANCE HO. 16 1 SERIES OF 1935, OF THE CITY AND COUNTY OF DENVER: THENCE SOUTHERLY TO THE EXTREME SOUTHERN POINT OF SAID AREA PROP(l)ED TO BE ANNEXE!) BY SAID Jm>OLUTION 21 BEING 152.7 FEET, MORE OR ~S: THm{ NORTHEASTERLY IN A STRAIGHT LINE A DIST AN CE OF 817 .07 FEET ·TO A POINT OF CURVE OF AN ARC DEFINING THE SOUTHEASTERLY LINE OF SAID OFFICIAL CHANNEL OF THE SOUTH PLATTE RIVER: THENCE NORTHEASTERLY AND PARALLEL WI TH THE SOUTHFJ .. STERLY LINE OF SAID OFFICIAL CHANNEL lJ.33.92 FEET TO THE NORTH LINE OF SAID SECTION 33; T.rENCE F.AST ALONG THE NORTH LINE OF SECTIONS 33 AND .34 1 TCJNNSHIP 4 • SOUTH, RANGE 68 WEST., TO THE PODJT WHERE THE NORTH LillE OF SAID SECTION J4 INTERSECTS THE WEST LINE OF SOtrr H ELATI STREET AND WE.5TERLY LIMITS OF THE CITY OF ECNGLEWOOD: THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTH EI.AT! STREET, AND THE WES TERLY LINE OF SAID CITY OF ENGI»/OOD, TO THE NORTH LINE OF WEST BlTE.5 AVENUE: THENCE frn>T ALONG THE NORTH LINE OF SAID WFZT BATES AVENUE AND WEST BATES AVENUE EXTENDED ., ALONG THE NORTHERLY LINE OF THE CITY LIMITS OF SAID CITY OF ENGL!WOOD, TO THE WEST LINE OF THE RIGHT-OF-WAY OF THE DENVrn A~ID RIO GRANDE RAILROAD: THENCE SOUTHERLY ALONG SAID WEST Lrl! OF RIGHT -OF-WAY OF DENVER AND RIO GRANDE RAILROAD, AND ALONG THE WESTERLY LINE OF SAID CITY OF ENGI»IOOD , TO THE POINT OF BIDINNING J BE IT CIUllINED BY THE CITY COUNCIL OF THE CITY OF EN GLEWOQD, COLORADO: Section 1. That petitions signed by the owner s of more than fifty (50%) per cent ot the territories herein described as: All that portion of Sections JJ and .314 1 Town sh ip L South, Range 68 West of the 6th Principal Meridian, contained within the following described boundaries; Beginning at the point of intersection or the West l ine of the right-of-way of the Denver and Rio Grande Railroad and the F.ast-West cente r line of Section 33 1 Township 4 South, Range 68 West; t hence West alone said Center line to the Center of said Section 33; thence North, along the North and South center line of said Section 33 1 to the South- west corner of the Northwest quarter or the Northeast quarter of said Section 33; thence F.ast 1 along the South line of said Northwest quarter Northeast quarter of said Section 33; 1'25 feet, more or less, to the point of intersection of said South line with the Westerly line or the area propos e d to be annexed to the City and County of Denver, pursuant to Resolution 21 Series or 1956, of the Council of said City and County, said Westerly line beine parallel to and 50 feet westerly of the Official Channel ot the South Platte River aa established by Ordinance No. 16 1 Series of 1935, ot the City and County of DenverJ thence Southerly to the extreme southern point of said area proposed to be annexed by said Resolution 2 1 being 152.7 feet, more or less, thence Northeasterly in a straight line a distance of 817.07 feet to a point of curve 100 feet easterly, measured ra.diall.jr f rom the point of curve of an arc defining the Southeasterly line or said off i c i al Chann e l of the South Platte River; thence North- easterly and parallel with the Southeasterly line of said Official Channel 13)3.92 feet to the North line of said Section 33; thence East along the North line of Sec- tions 33 and ~' Township L South, Ran ge 68 Wes t, to the point where the North line of said Section .314 intersects the ~est line of South Elati Street and the Westerly limits of the City ot EnelewoodJ t hence South along the West line of said South El.ati Street, mtd the Westerl,y line ot said City of Englewood, to the North line of West Bates Avenue; thence West along the North line of said West Bates Avenue and West Bates Avenue extended, along the Northerly line of the city limits of said City of Englevood to the West line or the right-of-way of the Denver an.d Rio Grande Rail- road; thence Southerly along said West line of right-of-way of Denver and Rio Grande Railroad, and along the Westerly line of said City of Englewood, to the point of be- ginning; were properly tiled requesting the annexation ot said territories to the City ot Englewood, Colorado. I I I I I I I Section 2. That said petitions were signed by more than fifty (50%) percent of the resi- dent l&nd owners in said territories. Section J. That said petitions were in conformity with Chapter 139, Colorado Revised Statutes 1953, and that said petitions were accepted in accordance with statute by resolution, and that publication or notice or acceptance has been made in accordance with law, and no counter- petitions have been filed. Section ~. That said herein described parcel or parcels or property be, and they are here- by are, deci&red annexed to the City of Enelewood 1 Colorado, and are hereby made a part or said City, pursuant to Chapter 139, Article 11, Colorado Revised Statutes 1953. Section $. The City Council hereby finds, determines and declares this Ordinance is nec- essary ror the immediate preservation or the public peace, health, safety and convenience. Section 6. In the opinion or the City Council an emergency exists; therefore, this Ordin- ance sh&li take ettect and be in force from and atter its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 16th day of April, A. D. 1956, and ordered published in the Englewood Press. ATTFST: Mayor cn;y----crerk Councilman Rapp moved, Woods seconded; That the above bill juat read be passed on first reading and ordered published i n the Englewood Press. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None Councilman Braun moved, Woods seconded; That the City Attorney be authorized to prepare an ordinance to amend the Zoning Ordinance to include fire, police and public buildings in residence districts. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods N8¥s: None The City Manager stated he had an of fer on the Old Tramway Car of $200.00 Councilman Nies moved, McLellan seconded; That the City sell the Tramway Car for $200.00. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None Councilman McLellan moved, Braun seconded; To adjourn to Monday 8:00 P. M. April 23, 1956. Ayes: Braun, McCabe,. McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None The Minutes of the Meeting of the City Council of t~~ Englewood, Colorado, held this 16th day of April, A. D. 1956, stand approved as ~ =-. this 7th dq of May. A'ITE.5T: H&Yor ~pz*14~~ ~