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Home My WebLink About1955-12-05 (Regular) Meeting MinutesREGU LAR Mt:ET IN G OF THE CI'IT COUNCIL OF 'IHE CITY OF ENGLEWOOD, COLORADO uELD MONDAY 'rnE 5TH DJ\Y OF DEC1'l1B ER A. D. 1955. Mayor Purcell called t he meeti n g to order and asked f or Roll Call. Present: Braun, McCabe, McLellan, Ni e s, Pa rk e r, Purcell, Rapp, Scott and Woods Absent: None Councilman Ra p p, moved Woods, seconded; That t he Mi nutes of November, 3, 7 ,21 and 28 be approved as written. Ayes: Nays: Braun, Mc Cabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods None Mr. Fred Ulrich representative of Peters, Writer a nd Christensen Inc. stated they were in position to handle t75,000 Water Extension Bonds, ~nd presented, there was read the following Resolution. RES vLUTIC.N WHE REAS, Ordinance No. 15 Series of 195L, o f the City of Englewood, Colorado, authorized the issuance or $1 1 000,000. or the negot iable coupon wa t er extension Bonds of said City; and REAS, the City has heretofore i ssued 1150,000 of t he borrls so authorized, such bonds bearing date June 4, 1954; and WHEREAS, it is necessary for the Ci ty t o i ~sure 375,000. of bonds so authorized for the purpose1 specified in said Ordinance No. 15; · TH EREFORE, BE IT RES OL\"ED BY THE CITY CCJ UNCIL OF THE CI TY OF ENGLEWOOD IN THE COUNTY OF ARAPAHOE, COLORADO a Section 1. That for the purpose of providin g funds f or supp lying water and for extending and improviing the Englewood waterworks System, the City shall i ssu e negotiable coupon bonds in the principal amount of t7S ,000 payable in lawful money of the l1 ni ted Sta tes of Am e rica, consisting of 75 bonds in the de- na'lli.nation of 11 1 000 each, numbered 776 t o 850 1 inclu s i ve, bearing interest at the rate or 3!% per annum, payable on the first day of June an d th e firs t day of De cember each year, as evidenced by interest coupons to be attache d to sai d borxis. Said borrls s hall be d ci ted Dec. 1, 1955, shall mature on Dec. 1 1 1979, and shall be redeemable at the op tion of tile City on December 1, 1969, and on any interest pay- ment date t h erea f te r in i nve r se numf rical o r lc r . Sa id bonds a nd the coupons to be a!-tached thereto shall be payable at the of'fi.ce of th '-! J it.)'· ~l :J rk , c :..:-0ffi _,~;_,~ Ci t J ·.i.'re;:\surer, in Enelewood, Colorado shall be signed by the Mayor of said City and a t tested and countersigned by the City Clerk, ex:.Of!icio City Treasurer, under the official seal cf sai d City, and shall be recorded in a book to be kept by the City Clerk for that purpose. All coupons shttll beRr the f a csimile signature of the City Cle rk 1 ex-officio City Treasurer. ~ecticn 2. Said bonds and the coupons to b e a tt~c hed t he reto shall be in substantially the form set forth in sai d Ordinance No. 15 exce p t thn t t he dat e o f ~~e bonds authorized by this Resolution shall be Dec. 1, 19 55, a nd th e r e d eemab le d ate ti'lereof sha ll be Uec 1, 1969, as hereinbefore provided. Secti on J. When said bonds h ave been duly execu t ed t he City Clerk shall deliver the same to Peters, Writer & Christensen, Inc. and associates, of De nve r, Colorado, on receipt of the agreed purchase price. Secti on L. The inte re s t due on said bon:ls i n the y ear 1 956 shall be advanced for the water or any other f'und available therefor. For t h e purpose o f r eimbursi n g such fund and meeting the interest accruing on said bond s nr Cll'lp tly and as the smne h e comes due, and for the purpose or providing for the ultimate payment and redempti on of sai d bo nd s to be issued there shall be levied on all the taxable p roperty in said City, in add ition to a ll o the r t 2xe s, di rect annual truces in each of the years 19.56 to 1 978, inclusive, suffici ent to make such r eimburseme nt and pay such interest and principal as the sBJ11e become due and payable, resne c tiv 9 ly. Said truce s, when collected, shall be deposited in a special f'und to be known as "City of H:n~lew ood. fate r Ex te nsi on Bond Fum. 195.5" and such fund shall be applied solely to the purpose of t h e intere ~t on ·and pr i nc ~~a l of said bonds, and for no other purpose whatever, unti l t he ind ebtedness so contrac ted unde r t he Ordina nce, both p rincipal and interest, shall have been f u lly paid, s a tis f i ed and d i scha rged, but nothinG he re i n contained shall be so construed as to prevent said Ci ty fran applyin g any other f u nds or revenues t hPt may be in the City Treasury and available for t ha t purpose, to the payment of said i ntere st of princi pnl, as t he srune respectively mature, and upon a ny such payme nts, the l e vy or lev i e s herei n p rov ided mey thereupon to that extent be diminished. The Sums herein provi ded to mee t t he i nte r est on said bond s and to d ischarge the principal thereof when due, a re hereby a pprop r iated for t hat pu rpose , "'nd s A j d amo u n ts f er ea.ch ye a r shall also be included in the annu a l budget a nd the a ppropr i ati on bil ls to b e adop t e d a nd pas sed by the City Council of said City, i n each ye ~r res ~e ctiv e ly. Se cti on 5. I t shall be t he dn t y of the City Coun c i l o f sai d City, annually, at the tine and in the Nnner nrovided by l aw for levy i ng o t he r Ci ty t axo s, if s uch action shall be necessary to effectuate the revi sions o f th i s Resoluti on, to ratify a nd c a rry ou t t he provisicns hereof with reference to the levy- ing and colle cti on of taxe e; ti nd s a i d City sh nll levy, ce rti fy and collect such taxes in the marmer pro- vided by law for th e purpose o f cretiti nf; n fu nd f or t he ~ay rnent of the princ:tpal of said bonds and i nterest thereon, a nd su ch taxee, whe n col l P-c tect , shall be ke p t for and applied only to the payment of the p rincipal of aa i d bonds, as he re inabove S'1c c i f ie d. Section 6. After said bonds a r e is s ued, t h is Re s olution shall be and remain irrepealable until said bonds and the i n terest th e reon shnl l ha ve been fu l l y p~t d, satisfied and discharged. Section 7. "ntis Reeoluti on, immed iat.Ply on 1.ts kept for tha t purpose, s u thenticst ed by the ::;1.r,n a s reouired by law. soa r:e , sha ll be recorded in the Book of Resolutions r Ps o f t he Yayor and Clerk, and shall be published I I I I Section 8. By reason of the fact that said i Mprovements and extensions are imperatively needed in order that the City and its inhabitants may be property a nd adequately supplied with water, it is hereby declared thatr .an emer gency exists, that t hi s Resolution is necessary to the immediate preservation of the public pe ace, health, ~nd safety, and it shall be in full force and effect five ruvs after i ts final publication. Introduced this 5th day of December, A."D . 1955 Councilman Rapp JOVed McCabe seconded; the above Resolution be ado o ted and the Mayor and Clerk be auth- orized to sign. Aye st Nays: Braun, McCa be, hcLellan, Ni e s, 'a rker, Pu rcell, Rapp, Scott and Woods None Dr. Robert Byall 363 0 S Sh erma n presented a pronosal r e ga rdi ng a n e xchange of land needed for the Hampden Righ t of Way . He sta te d th~t he wan t ed to exchan ge the l~nd plus and additional $1250. 1he track of land he was to received bein~ a pp roxima te ly four t i nes as large as the area he was giving in exchange. Councilman Ra pp moved, raun seco nded; Thnt t he Counc ) 1 b e polled an four different propositions • .. 1. to exch ange the land only. 2. to exchange the land ~l u s t1 2So . 3. to oroceed with condemnAt i on 4. to e x change the land plus $550 .00 pon roll call six votedjor land exchang e only and 3 voted to exchange the land plus #550.00. It was then agreed to tabl e ,"'l'in~I action unti l later in the evening. Councilman McLe l lAn and Woods asked to exc u sed at this time. Co!Tl!TlUnic ation The re was presented a rep or t by Dale Rea consultine engineer on the "Water Plant Expansion" for 1956 s h oving th ree a lternate plans . Councilman P~rker moved , Ayes : Nays: Scott seconded; to ~roc e ed with de tail plans for estimate on Plan No. 1. Braun, None cCabe , Niee , Parker , Purcell, Ra pp, an d Scott bsent= Mel.ell.an and Woods Council asked the City At t orney to chec k on the resoonsibility and liability of Construction Engineer when lack o f diligence results in a loss to the Ci t y . Counc i lman Mc Cab e asked t o b e excu~ed a t thi s time. The Valley Development Canpany aske d tl"l~t the NUJl.'.:>er of Sewer Connections on their line be raised from 2800 to 3000. Councilman R8 p p moved , Braun seconded ; To table the ab ove request for further study. Ayes: Braun , Nie s, Parker , Purcell, Ra op, f cott and Woods Nays : None Ab s e nt: McCabe, ~'.cLellan and Woods Ch erry Hills Water District . iater District Contact Mr . (St West Secticn of Che rry Hills) presented letter of application for President. Councilman Park e r moved , Braun seconded; To t'l1 rtho r ize Et WBte r Distributors Contract. Aye s: Braun, Nie s, Parker , Purcell, Rapp , Scott and Woods Nays : None Absen t : M cC~be, Mc Le llan and Woods The followin g co mpan ies pr esented l etters a s ki n;:; t o be i ncluded i n a water district and were willing to form one . The T. W. Anderson Co . The CokJpan Co. Ridge Road Invest.rnent Co. 'lbese letters were refe rred to the City ~ana r;er . Councilma n ~c!...e ll ~n a nd Woods returned ~nd wer e seated with the council. There was presented and read AND ORDINANCE PERMITTING ANG LE PA R~TNG SUFFIC IENT WIDTH IN THE CITY OF EN'}LE Councihtan Parker moved n Ordinance No. Series of 195 • -- F ?'l 'IUR VE1'.I CLES , EXCEPT TRUCKS AND BUSES, ON STREETS OF OD AND TC REPEAL ALL ORD IN ANCES IN CONFLICT THEREWITH. Ra pp seconded; That Ordinance No . fe ries of 19 just read be introduced and passed on second reading as Ordinance No . 116 Series of l~ and ordered published in the Englewood Press. Ayes: McLe llan, Nies , Pa rke r, Pu rcell, Ra.pp , Sco tt, arxi Woods Nays: None Absent McCabe ~ ~ The City Manager stated that Colorado Ce ntra l Pow e r Co., was ready to deliver to the City of Englewood 17 shares of McBroans Dit ch Righ Ls ® 225 pe r sha re. The followin g Resolution was presented and read in tullJ RES v LUTi u I Resolve d that the City Purchase 1 7 shares of McB roan Ditch wate r Ri ghts at $22.5. per share and that the Mayor and City Clerk be authorized to draw a check in payme nt of the same. Councilman Woods moved, Braun secor¥:1ed; That the above resolution be adopted authorizing the payment of the 17 sh~res and the Mayo r be authorized t o si~. Ayes: Braun, Mc Lellan, Hies , Pa rk er , Purc ell , Ra.pp, Scott and Woods Nays : None Absent: McCa be There was presented a nd read the followinrr Res oluti on RES OLl "TI ON Wi"'EREA S, the City Council has heretofcre authorized the City Attorney to obtain a rl di tionil.. legal assistance in the compilati on of the City ord;nance. AND WHEREAS the City Attorney has recannended t.o t he Cou nc i l that Marvin w. Foote attorney at law, be employed to carry forward and co m1lete 5Atd co mnilati on in ac cordance with the written proposal submi t ted by said attorney. No w, THEREFORE , BE IT IIBS CLVED by the City Council of the City of Englewood, Colorado, that Marvin w. Foote be, and herelJ7 ia, employed by the City to compile the City ordinances for a cost of not to exceed l27SO.OO in accordance with his wri t ten proposnl of November 19, 1955. Introduced and passedthia 5th day of December A.D. 19"""'5. Councilman Nies moved Braun seconded; That the above Resolution be adopted. ~es: Nays: Braun, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. None Absent : McCabe 'lhe following resolution was prese nted and read i n full. RESOLUTION EREAS the urgent necessity of a study of the dispos ition of flood waters in the City or Englewood was a conti n gen cy which could not reasonably have been foreseen at the timeof adoption of the budget; and REAS it became necessary after the adoption of the budget t o enter into an agreement on July 111 19 55, with Ripple and Howe , Inc., fo r an &ngi neer•s Prel i minary Re port, Proposed Drainage Plan for Englewood I c olorado J am WHEREAS such report has be en submitted to the Ci t y together with a bill for $3 1 000.00 for ti~e preparation thereof; and WHEREAS there are no budgeted funds available for payment for said report. NOW THEREFO~, BE IT RESOLVED by the Ci ty Counc i l of the City of Englewood, Colorado1 that expenditure of$3 ,000.CX> in excess of the budget from una ppropr iated funds pursuant to Chapter 88, Article 11 Section 15, Colorado Revised Statutes 1953, is hereby authorized for payment to Ripple and Howe, Inc., for an F.rlgineer' s Preliminary Renort 1 Proposed Dr ai na ge Plan for F.nglewood, Colorado; and BE IT FtJR'IHE~ RESCLVED that a certified copy of this resolution be filed with the state tax commissi on, and that this resolution shall be pu blished in full on e time in The Englewood Presa. Councilman Braun mewed 1 Scott seconded; 'nlat the above Resolutj_on be adopted. Ayes : Braun, McLel.lan , Nies, Pa rker, Purcell, Rapp, Scott and Woods Nays: No ne ~bsent= McCabe The following Bill f or an OrdinAnce was nres e nted and read i n full "A Bill for an ordinanc e defini ng an ambula nce Service Busi ness, declaring same an emergency Service, providing for A License ~nd establishing a fee Therefore, and to provide for a penalty for violation thereof ." (Fee to be Slt00.00 pe r ye~r) Councilman Rapp moved , Parker, seconded; To Table pending t he report of a General licensing schedule being prepared by the me rchants t hr ough t he Chamber of Canme rce. Ayes: Nays: Braun , None cLellan, Nies 1 Parker, Purcell, Rapp, Scott, and Woods Absents MeCabe The following .res olution was presented anrl read in fu l l . I I I I I RESOLUTI ON RF.S C L\~ED by the City Council of the City of En gl e wood, Colorado, that the City Attorney is hereby authorized to counter claim in eminent d omain for condcJT11lation of the right-of-way involved in District Court of Arapahoe County, Colorado, c~se No. 1164 7, ReeJ.nald Victor Oakley, et al v. The CitQ of nglewood, Colorado, a municipal corporation o f t he State of Colorado, et al, and to incur such nec- essary expenses as may be required in the prosecution of the claim of the City of Englewood. Councilman McLella.n Moved, Braun, Seconded; The Above Resolution be adopted. Ayes: Naysz Braun, McLella.n, Nies, Parker, Purcell, Rapp, Scott, and Woods None Absent: McCabe A letter was read from t h e De ptirtment of Employment ~ecurity, stating under an ordinance No. 5 of 1952 t h e Council s h ould be pay ing Social Security. Councilman BrAun Moved, Nies secorrled; To drsft Resol ution not to participate. Ayes: Nay s: Braun, Mc.Le l lan, Purcell Nies, k':l rker, Rap p , Scott and Woods Absent: McCabe Wh ereupon the Mayor declared the Motion lost and Councilman wo u ld start paying Social Security. City Manager stated he ha d received a l e tter from theState Highway Department notifying him of the abandonment of State Hy. 87 from Yale to Ham pden. Also bringing attention to Coloracb Statutes rega rding highw ny s which are abandoned. Referring to City Attorney f or le~a l procedures to reclaim it as a street. nie question on Dr • .Byall's p r ope rty tabled e ~rl le r was raised from the table and after discussion the followi ng Resolution wa s presPnte d a nd re ad i n fu l l. RF.s OLUTJ Of REAS the City of Engle wood has he retofore :>f;I'eed to obtain the necessary right-of-way within the City for F002-2 (21) Hampden Ave. En glmiood State Hi ghway No. 70J AND \-,l{EREAS a p lot of land contai ning 0.012 acres, JT1ore or less, owned by Robert S Byall and Margaret L. Byall in Lot 1, Block 3, A.W. Hiners Subdivision, Arapahoe County, Colorado is essential to the proposed ri r,ht-of-vay. AND WHEREAS negotiations of the City vi th sai.d owners have been unseccessful, and it appears that any fUrthcr ne goti at;ons wo uld be usele ss. NOW, THEREFORE, BE I T RF.s CLVED by the City Council of the City of Englewood, Colorado that the City Attomey is hereby authorized to i neti.tute as soon as practicable proceedings in eminent danain aga i nst Ro bert S Byall and 1·'a r ge.ret M . ByAll for the obtaining of the above mentioned right-or--y. Councilman Braun moved, Scott seconded; To adopt the above Resolution. Ay es: Nays: Braun, McLellan, Niee, Pa rker, Purcell, Rapp, Scott and Woods None Absent: McC a be There being sene questi ons re eardin g the alley 3500 Block between Broadway and Acoma Counc i lman Scott moved, Ayes: Kays: Braun seconded; The City Attorney determine if the Alley is dedicated. Braun, McLellan, Ni e s, Parker, Purcel l, Ra pp, Scott a nd Woods None Absent: McCnbe The f olloving app roved cla i ms on the var1 c.ns funs were p resented as follows: '!he Water Fund The Sewage TireatJnent Plant General Fund Sewer Districts fund nappropria ted Fun d Councilman RApo moved. Woods sec o nded; t otalling " " " II t 55,507. 73 2,oL2.05 29,510.14 5.36 3,000.00 'Ihe nbove a p ~roved claims !e paid. •yes: Braun, Ncl..ell.an, Nies, Parker, Purcell, Ra pp, Scott and Woods Nays: None Absent: McC abe 'There bei ng no furt"i er business to come before th e Council Councilman Braun moved, Rapp second ed; To adjourn t o De cember 19, e P.M. Ayes= -·ay s: Braun, McLe l l.an, Nies, P ~rker, None Absenti McC abe 1rcell, Ra op, Scott and Woods The Minutes of the Meeting of the c :ty Counc i l o f the~ Englewood, Colorado, held this Monday t h e 5th Day of December A.D. 1955 ate.rd a o proved as · this 5th day or December A.D. 195$. ATTE ST: >? '< aNA .~ / Mayor