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HomeMy WebLinkAbout1955-09-06 (Regular) Meeting MinutesREGULAR MEt:TING OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORl\00 HELD TUESDAY SEPTE MBER 6th, 1955. Mayo~ Weigand called t h e meeting to order and aAked for Roll Call: Preeent: Bo dan, Cu s hing, McCnbe, Pnrker, Purcell, Robohm, Weigand, and Wright. · Absent: Ra pp . Counciiman Parker moved) Wright seconded, that the minutes of the previous meeting, ot Aug. 1-8-15-16-26-29, be a pp roved ae· written. ROLL CAI:.L: Aye A: BodRn, Cus h ing, McCabe, Parker, Purcell, Robohm, Wei gand and Wright. Nays: None. AbAent: Rap p . A h earing tor t h e rezon ing of lotP 34-39 Inc. 0 lock 7 Logandale from A-1 to p ~c1al M-1, ~mA hel d . The re being no p rote RtA , the following bill wae pre- sented and read in full. ! Bill FO R AN o -o DI ~ANCE ENTITLED: AN ORDINAN CE Al 'ENDING ORDINA NCE NO. J, SERIES OF 1940 , AS AMENDED BY ORD I NANC E NO. 29, SERIES OF 1955, OF THE CITY OF ENGLEWOOD, OLORADO ENTITLED: 1 AN ORDI NANCE FOR ZO NIN G THE CITY OF ENGLEWOOD, TO REGULATE THI LOCATION, APP EARA NCE, SIZE, CHARACTER, AND USE OF BUILDINGS HEREAFTER ERE CT ED OR AL TERED, AND FOR SAID PURPOSE~ TO DIVIDE THE CITY INTO DISTRICTS, PRESCRIBE PE NALT IES FOR TFE VIrLATI ON OF ITS PROVISIONS, AND TO PROVIDE FOR ITS ENFORCEMENT AND A BO ARD OF ADJUSTMENT, SUCH REGULATION BEING NECESSARY FOR THE GENERAL WELFARE OF THE COMMUNITY 1 ., AND THE BUILDING ZONE MAP IN CON- NECT I ON THEREWITH. BE IT ORDAINED BY THE CITY COU NC I L OF THF CITY OF ENGLEWOOD, COLORADO: SECTION 1. That oureuant to Section 16, Ordinance No. J, Series or 1940, aA above entitled, and Sections 4 and 5, Article 50, Chapter 139, C.R.S. 1953, the p rop erty described as lot s 34 to 39 inclusive, Block 7, Logand.ale, be, and it i A hereby removed from the uAe, hei ght and area regulations or Section S, Ordinance No. J, Seriee or 1940, 1 A-l Farm Residence District Re- gulations•, and said p rop erty be, and it is hereby designated as 1 M-l Spec1al- Indu At r1al District•, subject to the uAe, height and area regulations set torth in Section 9A, Ordinance No. J, Series of 1940 as amended by Ordinance no. 29, Series or 1955, and that t h e Building Zone Map atta~hed to and a part or eaid Ordinance No. 3, Series or 1940, be, and it is hereby amended to show the p ropert y herein described as being entirely in said "M-1 Special-Industrial D1etr1ct" tor use, h eight and area regulations. SECTION 2. That all reou1rement e concerning notice and hearing have been Accom p lished in accordance with Statute. SECTION J. The City Council Find s , determines, and declares that thle ordinance ie nece Rsa ry tor the imme d iate p reservation of the public p eace, health, safety and convenience. SECTION 4. _In the op inion or the City Council an emergency exists; therefore, thie ordinance shall te k e effect and be 1n force from and after ite rinal passage and pub l icat ion. Passed on fir s t reading by t h e City Council of the City or Englewood, Colorado, the 6th day or September, 19 55, and ordered published in the Englewood Herald and Enterpri ~e. ATTEST: City crerit Councilman Wri ~ht moved) Robohm seconded) t ha t t h e above Bill be passed on first reading and o~ered p ubliAhed 1n the En gle t•r ood Herald and EnterpriAe. ROL L CALL: Ay es : Bodan, Cushing, McCabe, Parker, Purcell, Robohm, Wei f,and, and Wright. Nays; None. Absent: Rn pp . I I Hearing wae held for the anne ~Ation or BlockA 5,6, and 7. F. P. Gumaer 1 s Broadway Heighte and all or Lots 14 through 48 inclusive, Bell Isle Gardens, there being no p rotests the following bill wn A introduced and read in tull. ! Bill FOR AN ORDINANCE APPROVING TP.E ANNEXATION OF THE PROP~RTY HEREINAFTER DESCRIBED TO THE CITY OF ENGLE WOOD, COLORADO, ANO ANNE AING SAID DESCRIBED PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO, TO-WIT: ALL OF THAT PORTION OF SECTION 9, TOWNSHIP S SOUTH, RA NGE 68 WEST OF SIXTH P.M., ARAPAHOE COUNTY, COLOR~DO, WHICH I~CLUDES ALL OF BLOCK 5, 6, AND 7 OFF. P. GUMAER'S BROADWAY HEIGHTS AND THOSE PORTIONS OF TPE STREETS ADJOINING SAID BLOCKS NOT PREVIOUSLY ANNEXED: ALSO ALL or LOTS 14 THROUGH 48 .INC LU~IVE, IN BELL ISLE GARDENS AND THE STREETS AND ROADWAYS ADJOINING SAID LOTS NOT PREVIOUSLY ANNEXED TOGETHER WITH THAT UNPLATTED LAND LYING BETWEEN SAID LOTS 14 T l~ROUGH 48 INCLUSIVE AND THE EASTERLY RIGHT OF WAY OF THE CITY DITCH. BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: SECTION l~ That petitions A1 g ned by the owners of more than t1fty(5~) percent Of the territory herein described aA: All of t hat portion of Section 9 , TownAhip 5 South, Range 68 West ot Sixth P.M., Arap ahoe County, Colorado, which includes all or Block 5,6, and 7 or F. P. Gumaer's Broadway Heights . and those p ortions or the Atreete adJoining said blocks not previously annexed; Aleo all of lots 14 through 48 inclusive, in Bell I~le GardenA and the streets and roadways adjoining said lots not previously annexed toget h er with that unplatted land lying between eaid lots 14 throught 48 inclusive and the easterly ri ght of way line or the City Ditch. were properly filed reoueeting the annexation of eaid 'terr1toriee to the City or Englewood, ColorA.do. SECTION 2. That said petitions were ~1gned by more than ritty (50~) per cent ot the oual1t1ed electorA and lnnd ownere reeiding in eaid territory. SECTION 3. That said petitions were in conformity with Chapter 139, Article 11, C.R.S. 1953, and that said p etit1one wtre accepted in accordance 1th statute by re&olution, and that publication or notice ot acceptance has been made in accordance with law, and no counter-petitions have been tiled. SECTION 4. That said herein dPecri b ed parcel or parcels or property be, and they are her~by, declared annexPd to the City or Englewood, Colors.do, and are hereby nade a part or ea1d City, p urs uant to Section J, Chapter 139, A~ticle 11, C.R.S. 1953. SECTION 5. The City Council hereby finds, determ1nee and declares this Ordinance is neceAA n ry for the immed1~te preeervat1on or the public peace, health, Aafety and convenience. SECTION 6. In the opinion or the City Council an emergency exists; therefore, this ordinance shall tRke effer.t and be in torce from and after itA final paeeage and publicRtion. PaPeed on First Reading b y the City Council of the City or Englewood, Colorado, the 6th day ot Se p tember, 1955, and ordered published in the Englewood Herald and Enterpr1 Re. ATTEST: . City Clerk Cou~cilman Cushing moved) Bodan seconded) that the a bove bill be paReed on r1ret reading And ordered p u b lished 1n the En g lewood Herald end Enterpriee. ROLL CALL: Ayes; Bodan, Cushing, McCabe, Parker, Purcell, Ro b ohm, Weigand and Wri~ht. Nays; None. Absent;Ranp. The Clerk introduced and read in full t h e following referendum petition for, AN ORDINANCE PERHITTING ANGLE PARKI NG OF MOTOR VEHICLES, EXCEPT TRUCKS AND BUSt;ES, ON STRE ETS OF SUFFICIENT WIDTH IN THE CITY OF ENGLEWOOD, AND TC REPEAL ALL ORDINANCES IN CONFLICT THERWITH. • • • • • • • • l-. j BE IT ORDAINED BY THE PEOPLE OF THE CITY OF ENG LEWOOD, COLORADO. On and after t h e effective d ate of t h is Ordinance it shall be lawful to park motor veh icle s , ex c ept truckA and bueAee on streets or portions ot streets within the City or En g lewood having n width of at least Seventy-One and one-half feet between curbs, at an angle of forty-five degrees, provided, thiat thie ordinance Ahall not a pp l y to portions or parts of streets designated ae federal or State Hi ghway8 and p rovided further, that t h is ordinance shall not app l y to stre e tA or p ortions of streets "here all parking 1s prohibited. Councilman Cu Ahing moved) Wri ght seconded) that the ordinance be placed on the Boll ot ~t t h e next City Election to be held Tuesday, November let 1955. ROLL CALL: Ay es: Bode.n, Cu s hing, McCabe, Parker, Purcell, Robohm, Weigand, and Wright · Nays: None. Absent: Rs.pp. Clerk rea d a petition s i g ned b y 19 p eople living in the 3200 Block South Lincoln a ~king for 2 h our p arking from 8:00 A.M. to 5:00 P.M .• Council referred the a b ove to the City Manag er. Clerk read a letter from the Sta te Hi g h wa y Depa rtment requesting no parking on '~'est Hampden bet wee n Bannock Stre e t and So ut h Bro a d wa y, while tratfic \'.ras b~in g detoured around t h e 3500 Block on South Broadway. Cl e rt rea d recormnendation from the Planning Board t h at Lots 25 to JO inclusive, Block 7, Logandale and lots 44 to 48 inclusive, Block 8 Logandale be rezoned from A-1. Farm Residence Districts to M-1 Special-Industrial District. Co u ncilma n Cushing moved) Pa rker sec o nded) thn t t h e a b ove recommendation be adopted and a hearing be h eld October Jrd at 8:00 P.M. · · ROLL CALL: Ayes: Bo d an, Robohm, None. Ra pp . uehing, McCabe, Parker, Purcell, Weigand, and Wright. · Nays: AbAent: Councilman Ra p p entered and wnR s eated with the Council. -------- J ame s Staf ford and Sam Cha vez of J J OO Block So. Ogden a sked the City to buy a pump tor t ~eir Block for p r o tection a ga in Rt flood wa ter but were told the City could not buy e oui p ment b ut would help them in ca Pe of an emergency. Th e Clerk read Ordinance No ___ Serles of 19 , an ordinance for changing the oning of Lots 25 to 4 8 incluA1ve 1n Block ~Logand.ale from A-1 Farm Residence Di s tri c t to an R.-1. Re s i d ence District. Councilman Cushing mov e d) Purcell s ec ~nded) thn t t h e above ordinance No. Series of 19 ju ~t rea d be introduc e d and pas sed on second reading as Ordinance No. 32 Series of 1955 and ordered published in the En g lewood Herald and Enterprise. ROL L CALL: Ay es: Nays; Absent: Bo a an, Cushing, McCabe, Parker, Robohm, Weigand, and Wright. None. None. ------ There WP S introduced and read t h e follow i n g Bill for an ordinance. ~ 8111 Purcell, Rapp, FOR AN ORDINANCE ENTITLED: AN ORDI NAN CE AMFN DING ORDINANCE NO. 3, SERIES OF 1940, AS AMENDED BY ORDI NANCE NO. 5, SERIES OF 1946, OF THE CITY OF ENGLEWOOD, COLO RA DO, ENTITLED: 'AN ORDINANCE FOR ZONING THE CITY OF ENGLEWOOD, TO REGULATE THE LO CATION, APPEARANCE, SIZE , CHARACTER AND USE OF BUILDINGS HEREAFTER ERECTED OR ALTERED, AND FOR ~ID PURP OSES TO DIVIDE THE CITY INTO DISTRIC TS, PRESCRIBE PENALTI ES FOR THE VIOLATION OF ITS PROVISIO NS, AND TO PROVIDE FOR ITS ENFORCEMENT AND A BOA RD OF ADJUST MENT, SUC H REGULA T.IO N BEING NECESSARY FOR THE GENERAL WELFARE OF THE COMM UN I TY', AND THE EUILDING ZONE MAP IN CONNECTION THEREWITH. I I I BE IT ORDA I NE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: SECTION 1. That Section 7, Ordinance No. J, Series or 1940 as amended by Section 1, Ordinance No. 5, Series of 1946, be, e.nd the same ie hereby amended in the following pa rticular, to-wit: That the paragraph in said lection 7, entitled 1 Setback 1 ,ehall read AR follows: •setback on all the fronta g e on which side of the street between t wo interAecting street~ is zoned as a Business Di s trict. No Setback shall be reouired". SECTION 2. Tha t Section 8, Ordinance No. J, 8er1eA of 1940 as amended by Section 2, Ordlnance No. 5, Series of 1946, be, and the same is hereby amend- ed in the following particular, to-wit: That the paragraph in said Section 8,. entitled 1 Setback1 ehall read as follows: •setback". For Business or Commer c ial Buil ji ng s no Setback shall be required. SE CTION J. That pursuant to Section 16, Ordinance No. J, Series of 1940, as above entitled, and Sections 4 and 5, Article 60, Chapter 1)9, O.R.S. 195), all reouirements concerning notice and he~ring have been accomplished in accord- a nce with statute. SECTION 4. That City Council finds, determinee and declares that this ordinance is necessary for the immediate nrescrvation of the public peace, health, safety and convenience. SECTION 5. In the o p inion of the City Council an emergency exists; therefore, this ord inance s ha l l take effect and be in force from and after ite final paeea g e and p ublication. Pa~eed on FirAt Reading by the City Council of the City of Englewood, Colorado, the 6th day of Sep tember, 1955, and ordered p ublished in the Englewood .Herald and Enterpri s e. ATTEST: il~d ~ 11J (}~ · ~yor City Clerk Councilman Cus h ing mov e d) Robohm seconded) Th a t the above Bill tor ord1l'l&nce be pa Aeed on FirAt Reading and ordered p ublished in the Englewood Herald and Enterprise. ROLL CALL: Ayes: Nays; Abeent: Bodan, Cushing, McCabe, Parker, Ro b ohm, Weiga.nd,and Wri ght None. None. -------- Ther wa e introduced and read the following Bill for an Ordinance. !· B111 Purcell, Rapp, FOR AN ORDINANCE ES TABLISHING THE FOLLOWING STRr:LT OR STREETS AS A PAHT OF STATE HIGHWAY NO. SEVENTY (70) OF THE STATE HIGHWAY SYSTEM: BEGINNING AT HAMPDEN AVENUE AND SOUTH BANNOCX STREET EXTENDING SOUTH AND EAST TO JEFFERSON AVENUE, THENCE EA~T ALONG JEFFERSON AVENUE TO AN INTERSECTION WITH SOUTH CLARKSON STREET THENCE EAST ON THE NORTH SIDE OF JEFFERSON AVENUE TO SOUTH MABION STREET, THENCE NORTH AND EAST FROM SOUTH MARION STRE }T TO AN INTERSECTION WITH SOUTH LAFAYETTE qTREET THE PRESENT CITY LIMITS OF THE CITY OF ENGLEWOOD, COLORADO AND TO PROVIDE FOR THE REGULATION THEREOF UNDER AGREEMENT WITH THE COLORADO DEPARTMENT OF HIGHWAYS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: SECTION 1. The City Council hereb y declares the following street or streets as a pa rt of State Highway No. Seventy (70) of the State Highway System Beginning at Ham n den Avenue and South Bannock Street e x tending South and East to Jefferson Avenue, thence East along Jefferson Avenue to an intersection with South Cla rkson Street, thence Ea.At on the North side of Jefferson Avenue to South Marion Street, thence North and Ea At from Sout~ Mnrion Street to an inter- section with South Lafayette Street,the present City Limits of t h e City of Englewood, Colorado. SECTION 2. The use of said street or streets so designated as a part of State Highway No. Seventy (?O) shall be subject to such regulations as agreed u p on by the City of Englewood and the Colorado Department of Highways in the following particulars: (A) The installati o n of signs, semaphores or signals will not be authorize4 or permi tted which will give any local intersecting Rtreet a statue outranking the St a te Highway. (B) Construction or encroachment on the highway right-of-way will not be permitted. (C) Curb lines will not be eAtablished or curbing caused or permitted to be constructed on the highway with curb lines leeR than thirty-seven (J?) feet apart. (D) Sp eed and traffic regulations relating to vehicles using sain highway will be established only a fter a pp roval first being obtained from .the Colorado Department of Highways. (E) All parking or vehicles on siad hi ghway will be made parallel to the ri ght-of-way aide lines. (F) Parking of veh icles will be p rohibited within twenty (20) feet ot a cross- walk at an intersection and under t h e highway underpass between South Acoma StrePt and South Lincoln Street. And the Mayor is hereby authori~ed to sign and the City Clerk to attest said agreement embodying the foregoing regulations. SECTION J. The City Council hereby finds, determines and declares this ordinance ie ne cessary for the immediate p reservation of the public peao,, health, safety and convenience. SECTION 4. In the opt n1 on of the City Council an emergency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and u ublicRtion. Passed on First RPading by the City Council or the City of Englewood, Colore.do, the 6th day of September, 1955, and ordered published in the En~lewood Herald and Entern rise. ATTEST: City Clerk Councilman Pnrker moved) Mayor Ra p p seconded) Tlv.t t the above bill be passed on First RPadlng and ordered n ublished in t h e En g lewood Herald and Enterprise. ROLL CALL: Ayes: Bodan, Cushing, McCabe, Pa!'ker, Purcell,Rapp, Robohm, Weigand, and Wright. Nays: None. Absent: None. !:, BILL FOR AN ORDINA ~C E AMENDING ORDINANCE NO. 25, SERIES OF 1955, ENTITLED: 1 AN ORDINANCE VACAT ING THAT PART OF LOGANDALE BOULEVARD BETWEEN WEST MANSFIELD AVE NUE AND WEST LE HIGH AVENUE AND THAT PART OF LOGA NDALE BOULEVARD BETWEEN ST LEHIGH AVENUE AND .SOUTH ELATI STRE~T 1 , BY COR REC TING THE DESCRIPTION OF PARCEL NO. 2 AS DESCRI BE D IN SECTION 1 THEREOF AND VACATING SAID PART OF LOGANDALE BOULEVARD AS AMENDED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Councilman Bodan mo v Pd) Ra op se conded) that t h e above bill be passed on First Reading and ordered u ublished in t h e En g le wood Herald and Enterprise. ROLL CALL: Ay es ; Bodan, Cushing , McCabe, Parker, Purcell, Rapp, Robohm, We igand, and Wright. Nays: None. Absent: None. -------- I I I I I There wa A introduced and read the followin g bill tor an ordinance. ~ BILL FOR AN O~DINANCE AMEND ING ORDINANCE NO. 19, SERIES OF 1953 ENTITLED: "AN ORDINANCE E~TABLI~HING PREC I NCT NUMBE RS AND BOUNDARIES FOR ALL CITY ELECTIONS HELD FROM AND AFTER THE EFFECTIVE DATE OF THIS ORDINANCE DEFINING THE BOUNDARIES OF SAID ELECTION PRECI NCT S IN THE CITY OF BNGLEWOOD, COLO FA DO STATE THE WARD IN WHICH EACH PRECI NC T IS LOC ATED AND APP EALING ALL ORDINANCES OR PARTS OF ORDINA NCES IN CONFLICT HEREWITH " BY ADDING ADDITIONAL TERRITORY TO PRECINCTS NO. 8 AND NO . 11 IN WARD NO. 3: AND ADDITIONAL TERRITORY TO PRECINCT NO. 12 IN WARD NO . 4. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLORADO: SECTION 1. Section 4, Subsection B, Ordina nce No. 19, Series of 1953, as above entitled i s h ereby amended to read a~ follo ws : B. Precinct No. 8. Beginning a t the p oint of intersection of the center line of We8t Lehigh Avenue with t h e center 11ne of South Broadway; thence West along the center line of West Lehi gh Avenue to the We At City Limit Line of the City of En g lewood; thence Southerly along the Ne st City Limit line of the City of En gl ewood to its p oint of intersection with the center line of Weet Qunicy Avenue thence East along the center line of West Qunicy Avenue to its point of in- tersection with the center line of 89uth Broadway; thence North along the c enter line of Sout h Broadway to the center l ine of West Lehigh Avenue, the oint of beginning . SE CTION 2. Section 4, SubAection E, Ordinance No. 19, Series of 1953, a s above entitled le h ereby amend ed to rea d as follows: E. Precinct No. 11. Be g inning a t t h e p oint of inte~s e ction of the c e nter line of WePt Quincy Avenue v·i th t h e center line of South Broadway; thence West along the center line of Weet r..uincy Avenue to the Wes t City Limit line of the City of En ~lewood; thence South along the We st City Limit line to the interRection of Wf'C" t City Limit L1ne r.-•1 th t h e ex tended center line of West Stanford Avenue; Thence Ea.~t along t h e eytended c e nter 11ne of West Stanford Avenue to the 1nterse ction of eR1d e Ytended line of West StRnford Avenue with the extended e At Line of Bell I Ql e GA.rd.en~; t h ence South along t h e extended Weet line of Be ll !Ale Gll:'denA nnd t h e West line of Bell I s le Ga~dene to the Easterly right- or-~~Y line of the City D1tch; thence Sout h erly along the East ri g ht-of-way line or the City Ditch to the intersection of sRid Ea At ri ght-of-way line of the City Ditch with the center line of Wf'At Layton Avenue; thence West along the center line of We~t Layton Avenue to the center line of South Pecos Street; thence South along the center line of South Pecos Street to the p oint at which the city limit l ine of t h e City of En g lewood traverses to the EP~t and South; thence Ea ~t , South ea Aterly and South along the city l imit line of the City of En g lewood to itA p oint of intersection with the center line of West Belleview Avenue; thence East along t h e center line of West Belleview Avenue to the center line o f South Ban nock Street; thence North along the center line of South Bannock Street to the center line of Hest Grand Avenue; thence East along the center line or West Grand Avenue to the center line of South Acoma Street; thence North along the center line of South Acoma Street to the center line of est Chenang o Avenue; thence EaA t along t h e center line of West Chenango Avenue to the center line of South Broadway; thence North a long the center line of South BroR dway to t h e center line of West Qunicy Avenue, the p~int of beginning. SECTION J. Section 4, Subsection B, Ordinance No. 19, Series of 1953, as above entitled 1 ~ h ereby amended to read ne follows: B. P recinc t No. 12. Be g inning at the p oint of intersection of the center line of South Cln rkeon Street with t he center line of Ea ~t Dartmouth Avenue; thence En.qt along t h e center line of EaA t Da rtmo uth Avenue to the center line and ex- tended center line of Sou t h Vine Street; t hen ce North along said center line and extended cen ter line of South Vine Street to the North City Limit Line of the City of En glewood; t h ence Ea Pt along t h e North City Limit Line of the City of En g le ~ood to it s p oint of intersection wi t h the West line of South University BoulevArd; t h ence Sout h along the We s t line of South University Boulevard to the South City Limit Line South of Floyd Place ; thence Wewt along the South City Limit Line South of Floy d Place to i tP n oint of intersection with the center line of South Rllce Street; thence No r th ~long the center line of South Race Stre e t to its intersection with the center line of EB.Pt Floyd Avenue; thence ec t along t he center line of Ea s t Floyd Avenue to the Center line of South Lafayette Street; thence South Along the Center l ine of South Lafayette Street to the center l ine of Ea.s t Je ffers on Avenue; thence WeAt a long the center line of EB.At Jeff e rson Avenue to the center line of South Cla rkson Street; thence North along the center line of South Clarkson Street to the center line of Ea s t Dartmouth Avenue, t h e p oint of beginning. ~ECTION 4. The City Council here h y fin ds , determines and declares that this ordinance iA nece ssa ry for t h e i mmediate p reP ervat ion of the public peace, h ealth , A~fety and conv~n i enc e. SECTION 5. In the o ~inion of t he City Council an emergency exists; therefore, this o~inance shall takP effec t and be in force from and after its final n ar,~ag e and p u bl1 c nt 1on. Jj ATT EST: Ci ty Clerk Coun ci lman Cu ~h in g moved) Purcell s econd e d ) t ha t tr.e ab ove b ill be passed on First Re ading and ordered p ublished in t he En glewood Herald a nd Enterprise. ROLL CALL: Ay es : Bodan, CushinF,, McCabe, Parker, Purcell, Rapp, Robohm, Weigand and Wright NRys: None. AbRent: None. There was introduced Rnd read t h e followin g b ill for an ordinance. ! BILL FOR AN ORD I NANCE AUTHORIZING THE MAYOR AND OTHER PROPER OFFICIALS TO ENTER I NT O A CE RTAIN WRI TT EN LEA ~E AGREEMENT BE TWEEN THE CITY OF ENGLEWOOD AND THE P.OBIN SON BHICK AND TILE COMFAN ~ LEASING FOR THE PURPOSE OF MINING AND REMOVAL OF CLAY TOGETHER Y.'ITH NECESc:A RY ?·~INI N G AC TIVITIES ON AND IN THE FOLLOWING DES- ~RI B ED PROPERTY SITUATE IN JEFFERSON COUNTY, COLORADO, TO-WIT: St SWi, SECTION 15; S t SECTION 1 6 ; SE t , E & OF E ~ SEi OF NEi, SECTION 17; Nt SECTION 21; NWi AND Ni SWi, SECTION 22 AL L I N TOWN SHI P 6 SOUT H, RA NGE 69 WEST, 6th P.M., FOR A PERIOD OF 10 YEARS A!.D 50 LO NG AS CLAY MA Y BE PRODUCED THEREFROM AT AN AN NUAL RE NTAL OF $125.00 TOGET HER WITH A ROYAL TY OF 0.30¢ PER CU BIC YARD OF CLAY RE J·!O VED, UND FR TERl ·!S AND CONDIT I ON S AND I N WO RDS AND FIGURES CONTAINED AND SET FORT H IN THAT FORM OF AGREE?:EN T FILED I N THE OFFICE OF THE CITY ~LERK OF THE ITY OF ENGLEW OOD. BE IT ENACTED BY THE CI TY COU NC IL OF THE CITY OF ENGLE vTOOD, COLORADO: Councilman Cushing mov ed ) Purcell Aeconded) t h a t the a bove bill be passed on First R e~d 1ng end ordered p u b lished in the En g lewoo d Herald and Enterprise. There ROL L CALL : Aye s; Bodan, CuRh inR, McC Rbe, Parker, Purcell, Rapp, Ro o ohm , We i gRn d, and Wright. Nays; None. AbR ent; None. __ _,,,_ ____ _ A introduced and reRd in ful l t h e followin g bill for an ordinance. ! BILL FOR AN O~DINANCE PROHI BITI NG THE KEEPI NG OR MA I NTA IN I NG OF ANY VAULT, CLOSET, PRIVY, CF.qSPO OL OR ~EPT IC TANK LOC ATE D I N ANY SA NITA KY SEWE R DISTRICT NOW OR HEREAFT FR ESTABL ISH ED AND TO COMPE L m·!Nr:R s OF ANY BUI LDI NGS LOCATED IN SAID DISTRIC TS AND ON BLOCKS ABUTT ING ANY E~TA BLIS H ED SEWER OR WIT HIN 400 FEET OF ANY EqTABLISHED SEWER TO CO NN ECT T;fI TH su r.:H SEWF R: DE CLA RING ALL SUCH VAULTS, CLOSETS, PRIVI ES , CESSPOOLS A ~:D SEP TIC TANKS A NUISANCE; PROVIDING FOR THE AB ATEMENT AND PRO VIDI NG A PE NALTY FOR VI OLATI ONS THEREOF AND REPEALING ORDINANCE NO. 4 , SER I ES OF 1935; ORDI NANCE NO. 11, SERI ES OF 1950 AND ALL OTHER ORDINANCES IN CONF LICT HE -qEWITH. W1IE REAS, There h FI A bern e s tah li s hed and no w in existence a sanitary sewe r RRe Ay~tem in the City of En g l e wood; and WHEREA~. There have b e e n kep t and maintained within the -City ot En glewood since t h e eQt Rb li s hmP nt of Raid sanitFl ry s e werag e system certain vaults c-losets, p rivies, cess p ools and s e pt ic tanks locc:i ted within Sanita ry Sewer DiAtrict No. 1, and on blockA abutting or within 400 feet of the established sewer; and WHE:u:AS , in t h e o n1nion of the Ci ty Council of t h e City ot En glewood it 1e deemed necesARry for tl ~e p rotection of p ublic health and safety that the keep ing and maint a ining of such v aults , closets, p rivies, cesspools and septic tanke be h enceforth oroh ibited, NOW THEREFORE BE IT ORDAINFD BY TH E CITY COU NCIL OF THE r,I TY OF ENGLEWOOD, COLORADO: Councilman Rapp moved) Purcell seconded) that the above bill be passed on First Reading and ordered p ublished in the En g lewood Herald and Enterpri s e. ROLL CALL: Ayes ; Bodan, Cu shing, McCabe, Parker, Purcell,Rapp, Robo h rn, Wei rr a.nd, and Wright. . Na.ye; None. Abs ent; None. I I I I RE90LUTION :!HEREAS , Walter K. Bobay , owner of tract A, Bell Isle Ge.rdene, a portion or the corn orate Pr~a of the City of En v,le~rood, Colorado, desires to replat said Trect A, Bell I s le GordenR end hap filed wi t h the City Council or the City or En g lewood, Colorado, a p l Rt of said tra ct desi g nated 1 Bobay .Heights 1 Block 4; and WHE REA9, said p l At Ret s fort h all matterA reouired by the provisions or Cha o ter 139, Article 18, C.R.S. 1953; a nd WHEREA~, said Walter K. Bob ay has by said plat dedicated to the perpetual use or the publi c the s treet and has g ran t ed ea Rements for utilities as shown thereon. NOW, THEREFORE, BE IT RESOLVED, t h a t p ur s uant to Chapter 139, Article 18, C.R.S. 1953, the City Council of the City of En glewood, Colorado, does adopt the p lRt aforementioned and conse nt s to t h e 4esignation of said tra~t by the name 1 Bobay Hei ghts • Block 4, and accepts t h e dedicated street and grant of ease- ments for u tilities ~h o wn ther Pin. "' }J _~ __ Q-~~~Q_ ATTE ST: • CJ~ {J"yor · City Clerk Pa ssed and Ado p ted by the City Council of the City or Englewood, Colorado, this 6th day of Sep tembe r, A.D. 1955· Wm. Bodan, Jr. Colbert Cueh in Cl ~rence H. McCPbe ROLL CALL Chalmer s e Parker Richard J. Purcell Jame R D. Rapp Leonard A. Robohm Harry G. Weigand B. B. Wright Councilman Robohm moved) Mc Cab e seconded) tha t the Resolution be adopted and the Mayor aut1 or11ed to sign and Clerk ntteAt same. ROL L CALL: Ayes;· Nays; Absf'nt; Bodan, Cushing , McCabe, Parker, Purcell, Ra pn , Ro b ohmm Weigand and Wright None None -------- At t orney Banta, introduc ed and read t h e following Addenda To Distributors Contract. ADDENDA TO DIBTRIBUTOR 1 S CONTRACT CIT Y OF ENGL E\'OOD, COLOF.ADO Contract No. ADDENDA NO • ---i--- THIS AGREE MENT, mad e and. entere d into this day of September, A. D. 1955, by and bet'°1een the CITY OF EN GLt.:WOOD, COLORADO, a municipal corpora ti on, hereinafter referre d to as "City•, actin g by and t h roug h its duly elected, oualified and authorized Mayor and City ClPrk, and the VALLEY DEVELOPMENT COMPANY, here ina fter referre ~ to aA 1 Distributor", WITNE~qETH: tha t WHEREA~, the City entered into a Di s tributor's Contract with the DiPtri b utor d a ted the 9th day of May, A.D. 195 5 ; and NHEREAS , it i s t h e desire of both t h e City and the Distributor and to their mutual advant ~~e to furt h e r define t h e r1 Rh te of the parties with respect to the City 's r1 ~ht to curtail Re rvice in t h e event of wa ter shortage. NOW THERE FORE, in consideration of t h e p remis f'A and mutual promises and agreements Aet fort h 1n the Di s tributor's Contract mentioned hereinabove and con- t ained in t h i A Eldd endR t h ereto, the pa rti es agre e a.s follows; 1. Tha t p arR g ra ~ll 9 of the Di s tri b utor's Contra r,t dated the 9th day of May, A.D. 1955, i s h ereby amended to reRd as follows: •9. The City agre es thnt it will use all reasonable means to ma intai n a surplus of wate r from w h i ~h to furni s h the distributor with p otable wate r to meet norma l d ome Ati c u s e, but 1t 1s expressly understood an d agreed thn t the City 1P obl1g~ted to furnish water to the D1str1butor, its Aucceseors a nd RRs1gns, or pereone receiving water t h rough its system, only at such times and during such p eriods as the City shall hev ~ a eurplue of trea.ted, p otable wa ter Rbove that necesR a ry to serve the inhabitants of the City. While it is the nurpose of the City to maintain a water supply adeouate to meet the needs of the inhabitants of the City or Eng lewood, and the City does hereby reserve the right ot discontinue service to any and all p ersons ~ithin the de~cribed area u p on the lack of such surplus, t h ere Are many elements wh i~h ma ke it uncertain whether the supply can always be adeouate for Rll, and t h erefore in t1mPe of Ahortage, ·water service outside En g lewo od will be curtailed on the following basis, the first listed curtailment being adopted to meet the lea Rt serious Aituation and the succeeding curtailments being adop ted 1n addition to p rior liAted curtailments, the last to meet the gravest p ossible situation and one whi ch every rea e onable precaution mµst be taken to avoid; to-wit: 1. Restri c t i on of irrigation. 2. Proh1b1t1on of irri gation exce p t for · commercial greenhouses. J. Prohi b ition of every use ex c e p t for domestic uee and tor es ~ential indu s try. 4. Prohibition of all use out Ride t h e city except domestic use. 5. Prohibition of all uses outside the City. The above p rovisions are subject to amplification, modification or revision by the City Council of the City of En g lewood.1 IN WITNE~q WH EREOF, we have hereunto set our hands and seals the day and date first above wrttten. THE CITY OF ENGLFWOOD, COLORADO ATTEST: Cfti Clerk APPROVED AS TO FORM City Attorney VALLEY DEVELOPMENT COMPANY By~~~~~~~~---~~~~ President ATTEST: Secretary Councilman Ra pp moved) Wri ght ~e~onded) tha t the above addenda be added, and the Ma y or be aut h orized to Ri g n and Cl Prk atte s t Aame. ROLL CALL: Ayes; Nays; Absent; Bodan, CuRhing, McCabe, Parker, Purcell, Rapp, Robohm, Wei gand,and Wright. None. None. The following Resolution wa s p resented and read in full. RESOLUTION WHEREAS, THE CITY OF ENGLEWO OD, has acquired and 1e the owner or all t h e Petersb urg Ditch including the right of way for said ditch including the ri ght-of-way tor ea1d ditch and WHEREA~, said City desires to lay a pipe line along the right-of-way of said ditch, a portion of wh ich ri ght of way traverses property owned by the onarch Lumber Co., Inc. a Colorado corp oration and WHEREA S , t h e expense of laying said line can be sizable reduced by OQ- taining from eaid Monarch Lumber Co., Inc. a direct right of way due north and South tor a distance or a pproximately 221.8 feet rather than following the ditch ri ght or way trom Oxford Avenue southerly for the re an on that said due north and south line will eliminate a considera ble leng th of pipe and I I I I WHEREAS, eaid Monarch Lumber Co., Inc. has agreed to deed to the ~ity of En ~l e wo od the necessary due north and south r ight-of-way in even exchange tor a deed from the City or Englewood to said com p any of al l of the Petersburg Ditch right-of-WRY from Ox ford Avenue sout h to the p oint wh ere the hereinbefore described due north and south right-of-way intersects the Petersburg Ditch r1ght- of-way and · REAS, said Petersburg Ditch righ t-of-way was a cq uired in the purchase or water rights and may be transferred under Cha p ter 139, Article 51, Section 4, ColorRdo Revi Aed Statutes, 195J, particularly when said transfer is an even exchangf, NOW THEREFORE, BE IT RESOLVED, that purs uant to Chapter 118, Article 1, Section 4 2, C.R.S. 1953, Ha rry G. Weigand be, and he hereby is, appointed Commissioner to sell and convey to Mona rch Lumber Co ·., Inc., a Colora do Corporation, the following described p roperty of the City of Englewood, Colorado, to-wit; All of the ri ght of way of the Petersburg Ditch on either e1de or the center l ine thereof for the distance as follows; beginning at the SouthweA t corner of Section 4, Township 5, south Range 68 West of the 6th P.M., thence North o0 0 1 East a distance or 1314.7 feet to th5 north line of the south half of SWt of said Section 4; thence North 89 56 1 East along the Northl1ne ot the South half of the Southwest ouarter (SWt) of said Section, also the center line of West Oxford Avenue, a distance of 2041.4 feet ; thence South 55° 05 1 West a distance of 61 feet to the true p oint or beginning, which is the center line of the Petersburg Ditch ri ght -of-way; thence South 55° 05 1 West a distance of 97.9 feet; thence South 59° 37 1 West a distance of 135.9 feet; thence South 55° 16 1 West a di Atance of 90 feet; thence South 55° "'6 1 eet a distance of 75.7 feet. 1n exchange for a deed fr~m sai d Monarch Lumber Co., Inc. for a right-of-way 16 feet in width from Oxford Avenue, South to the end of the Petersburg Ditch right-of-WRY h ereinabove des cri b ed as conveyed t~ said company. Q,l;J ' ~ yor AT TEST: PA~SED and ADOPTED by the City Council of the City of Englewood, Colorado, t h is 6 day or Sept., A.D. 1955. ROLL CALL Bodan Purcel1 Cushing Rapp McCabe Rob ohm PRrker Weigand Wright I, J. L. BRrron, City ClP rk of th P City of Englewood, Colorado, do hereby certify that the fore g oing RESOLUTION 18 a true and correct copy or a Resolution duly and rep-ularly ado p ted and a n p roved by the City Council and the Mayor of the City of Englewood, Colorado, on t~e 6th day of September, A.D. 1955. City Clerk Councilman Rapp m ove~) Robohm seconded) that t h e above Resolution be adopted and the Mayor b e authori z ed to sign and Cl e rk attest same. ROLL CALL: Ay e s; Nays; AbA ent; Bodan, Cushing, McCabe, Parker, Purcell, Ra np, Robohm, Weigand, and Wright None None Cit y Ma n Pg er Rud d , presente d s treet p lan for detour s from Broadway UndeI'J>8.BS Con s tru ct ion and p roh i b i t ing p arking on West Ha mpden Avenue from Broadway to Bannoc k Stree t al s o p ro h ibit~n g left turn s into or out of So. Acoma Street at Hampd e n during t h is detour p eriod. Rudd. Co u ncilma n Cu s hi ng move d ) Bo d.a n s econded) to ac c e p t the plan a s presented by Manager ROLL CALL: Aye s ; Nays: Ab s ent; Bo dan, Cushing, McCabe, Parker, Purcell, Ra pp , Robohm, Weigand, and Wright.· None. None. Co un ci lman Ra ou mov e d) Parker se c onde d) t ha t the City Attorney be authorized to p r e p a r e an o rdinance regul nt 1ng t h e b urning of trash and garbage. ROLL CALL: Ay e s; Nays; Ab se nt; Bo d.a n, Cu sh ing, McCabe, Parker, Purcell, Ra pp , Robohm, Weigand, and Wright None. None. Co u n cilma n Wri ght s ta ted t h e Tram wa7 Comp any wish e d to stop their bueees at the Bu ssard Corner, Bussa rd moving h is op era tion to the South Entrance and t h e p u b lic Ca b Com pan y UAing the South s i d e of the street. The Coun cil agreed to this chang e • -------- The City Ma nager p r eA ent e d the following np p rove claims on the various funds: Wa ter Fund Sew age Treatment Pl a nt Sewer Distric ts Fund General Fund tS4,268.JO 40,687.67 4,767.81 28,4JJ.42 Councilman Rapp mov e d) bodan s econd ed) that t h e ab ove a p p roved claims be paid. ROLL CALL: Aye s : Na ys: Absent; Boda n, Cushing, McCabe, Parker, Purcell, Ra p p , Robohm, Weigand and Wright None None Cou ncilma n Cu sh ing , sta t e d tha t the City Council were invited to attend the n ext t h r e e m eeti n ~s or The Lion s Club, and that speakers would discuss the Civic Pro b lems ot En g lewood. Mr. Rudd s t a ted t ha t th e ter ~itory b etween Ha mp den Avenue and Wesley Avenue and fro m t h e South Pla t t e River to South Fe d eral, would like to enter an agreement tor Sewag e Disposal. No a ction wne taken at thi s time. The re b e i ng n o fur ther b u s ine ss to come before the Council Co unci lman Rnpp moved) Cuoh ing s econded) to adjourn. ROLL CALL: Ayes: Na y s; Absent: Bo da n, Cu s hing , McC a be, Parker, Purcell, Ra p p, Robohm, Weigand and Wright None None Th e Mi n u tes of the Re g u l a r Ad journ Me e ting of t h e City Council of the C1ty ot Engle woo d , Colorad1, hel d t h is Tu es day, Se p tember 6th, 1955, stand app roved as writ t en t h is 1 5th day or Se p tember, 1 95 5 . /J&\JVl ~Lu~~ ---(j vr \ ~· . \ ------· Cit y Cl e rk I I I