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Home My WebLink About1954-10-04 (Regular) Meeting MinutesRmUIAR MEETING OF THE CITY COUNCIL OF THE CITY OF ENGI.m-JOOD, ENGLBWOOD, COLORADO, THIS MONDAY THE 4TH DAY al OCTOBER, '19.54 • MQ'or w. G. Weigand called the meeting to order and asked for Roll Call. ROLL CALI.1 Banta, Absent Chasteen, Absent Cushing, Absent Present: Six Jamieson, Present Purcell, Present Parker, Preaent Absents Three Mr. Clarence ·H. McCabe having been selected to fill the vacancy of Jack Chaateen, (resigned) was sworn into office by County Judg• E. E. Anderson, and took his seat with the Council as a representative of Ward 4. Council.nan Robohm, Moved) ROLL CALL1 Jamieson, Seconded) To dispense with reading Minutes and a-·- as written. Banta, Absent McCabe, Aye Cushing, A:t>sent AYES: Seven Jamieson, Aye Purcell, Aye • Parker, Aye NAYS: None ABSDTt ho The clerk read conmunications from The Nevada Ditch Compaiv and The Englewood School District. Letters on file. Mr. George Miles with the State Highway Department, diecuaaed the Lincoln Street Croeeing of the Urban Highway and the new agreement for the continuing of · constructing from Bannock to Clarkson. Council•" Jaaieson, Mewed) ROIJ, CAIJ.1 Wright, Seconded§ That the Resolution and Agr..-it be apprned and the Mayor authorized to sign and Clerk attest the same. Banta, Absent McCabe, Aye Cushing, Absent AYES: Seven Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Roboba, J7e ve1pnct, A79 Wright, AT• ABSIR'l' I Two ColDlCihlan Parker, Mewed) ROLL CAIJ.: Robohm, Seconded) The Council concur with t.he Pluming ~ 1aeiall that Lincoln Street should be closed on Urban Highway. Banta, Absent McCabe, Aye Cushing, Absent A~: Seven Jamieson, A7• Purcell, Aye Parker, Aye NAYSt None Roboha, A7e Weigand, '7e Wright, "7• ABSmrI't 'ho Councu..n Robohm, Moved) ROLL CAIJ.t Jameson, Seconded) To accept the new bridge on Logan Street and Henry Shore Contractor be paid on the f'inal estimate. Banta, Absent McCabe, Aye Cushing, Absent AY~: Seven Jamieson, A:T• Purcell, Aye Parker, Aye NAYS1 None Robohm, A7e Weigand, qe Wright, Aye .lBSINT t Two Mr. Larrick C811l8 before the Comlcil regarding 3200 Block South High. Ill". i.rr1ck is willing to go ahead and prepare the Base and Black Top and the City vill reimbur• hia out of the 19SS Budget not to exceed 11000.00 this having been agreed upon fonaer~ and comitted by the Council. Councilman Robohm, Moved) Parker, Seconded) That the City reimburse Mr. Larrick not to exceed 11000,00 from the 19SS Budget. ROLL CALLI Banta, Absent McCabe, qe Cushing, Absent An:>: Snen Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Robohll, Aye Weigand, A19 Wright, Aye ABSJ:llT1 Two Mr. Cooley came before the Council regarding being able to place teat 1ectiona ot payemnt in the City ot Englewood, two blocks on Greenwood and one block on Logan, tor resuffacing with fine aggreate. Councilman Robohm, Moved) Jamieson, Seconded) ROLL CALL: Banta, Absent McCabe, Aye Cushing, Ausent AYES : Seven To accept the proposal of Mr. CooleJ'. The City to pay not to exceed t2,~oo.oo less the labor furnished by the City and the City • Attorney and Mr. Cooley pre~are the agreement. ~ Jami eson, Aye P'ur cell, Aye Pa rl~e r , Aye NAYS : None Robohna, Aye Weigand, Aye Wright, Aye ABSENT: 'l'wo Mr. Huckenpeclcer, with the S tandard Oil Co~any came before the Council· regarding the large sign and was told he would have to place the sign to the north propert.7 line on the Standard Oil Compa!11' property. Clerk introduced and read the f olloving B1ll. A BILL FOR AN ORDINANCE RATIFYING AND APPROVING THE EXECUTION OF AN AGREEMIRT Blft'WBll THE Cl'l'I OF ENGLEWOOD, COLORADO, AND THE MOF FAT TUNNEL WATER AND DEVBIDP1DUST CO., A COLORADO CORPORATICI{, HERETOF<m! EXECUTED ON THE llTH DAY OF AUGUST, 19Sb, rat THE PURCHASE OF CERTAIN WATER RIDHTS; AND A UT HORIZIMG AND DIRBCTDli THE IDC1J'l'Ielf OF A PROMlSSCllI ROTE FOR THE BAµNCE OF THE PURCHASE PRICE OF SAm WATIR RlDB'lS JXD .AUTHCJRIZDll THE PAYMENT OF SUll) NCJtl DUE UNDER SAID HEREINBIFORE DECRIBID AGREEM!lft. WHEREAS, pursuant to ac~ion ot the City Comicil or the Cit7 of Inglewood, Colorado, an Agreemnt was executed by the Mayor and City Clerk of said Cit7 on the 11th day of August, 19$4, with the Moffat Tunnel Water and DtrYelopJlent Co., a Colorado Corporation, for the purchase of the following described water r1ghte1 and Haa1lton-Cabin Creek Ditch, Extension and Enlargement of the Hamilton-Cabin Creek Ditch, Metdow Creek ReserYoir,, Cabin Creek ReserYoir, Ranch Creek ReserYoir, Enlargement of Ranch Creek Reservoir, and Fraser Ditch, all as particularly described in Case No. 657, District Court, Grand Comity, Colorado; together with rights of vq, naps, filings and all other appurtenances thereof now belonging to the CorporationJ WHERIAS• said Agreement provided for a purchase price of tJBS,16$.oo, of 1'hich t20,ooo.oo was paid on the 11th day of August, 19$4, and WHEREAS, due upon said purchase price by agreement are a payment of 't80,ooo.oo cash to the seller on the 1st day of October, 19$4, the execution ot a proaiasor;r note to the seller in the principal sum of $285,165.oo, bearing interest at tour (~) per cent per annum, pqable in annual install.Mnts ot t.31 1 000.00 1 including interest, on the let day of December, 1955, and the lat day ot December of each and rreey year thereafter until paid in full, and a paymnt tb the Eng.levood State Bank, as Trustee, of the sum of •50,000.00 on October 4, 19S4~ or as soon therafter as a Trust Agreement be drawn and executed, and the ~ to said BaDk of tlS,000.00 on December 1 1 1955, and 110,000.00 on Dec•ber 1 1 19S6, the purpose of said funds being for the payment of litigation eJCP8118e as set forth 1n the Agreemnt of August ll, 1954, and the prond.1sory note executed in accordance therewith. · 1: I I R<M, THEREFORE, BE IT ORDAmED BY THE CITY COUNCIL OF THE CITY OF FltGLEWOOD, COLORAD01 Section 1. That the actions or the Mayor and City Clerk of the Cit7 ot Inglewood, OO!OradO, in executing an Agrewnt dated August ll, 19.$4, between the Cit7 ot Englewood and the Moffat Ttmnel Water and Development Co., a Colorado Corporation, tor the purchase of the following water rights, to-wits Hamilton-cabin Creek Ditch, Extension and Enlargement of the Hamilton-Cabin Creek Ditch, Meadow Creek Reservoir, Cabin Creek Reservoir, Ranch Creek Reservoir, Enlargement of Ranch Creek Reservoir, and Fraser Ditch, · all as particularly described in Case No. 657, District Court, Grand County, ColoradoJ together with rights of way, maps, filings and all other appurtenances thereof now belonging to the CorporationJ in accordance with the terms of said Agreement, copy of which is in the Clerk'• file, be and they are hereby, ratified and confirmed. Section 2. That the MaJtr of the City of Englewood be, and he is hereby, authorised and directed to execute, and the Clerk of said Cit7 ia hereby authorised and directed to attest, a promissory note in the principal sum of 128$,16$.oo, bearing interest at four (4%) per cent per annum, pll'&ble to the M:>ffat Tunnel Water and Development Co., a Colorado Corporation, in installments of 131 1 000.00 annually, including interest, c0111enc1n1 Deoellller 1, 19.SS, with privilege of prepayment as set forth in said note, copy ot which is in the Clerk's file, and the said City Clerk is hereby authorized to deliver said note to the Moffat Tunnel Water and Development Co., a Colorado Corporation, forthwith.· Section J. That the payment of $20 1 000.00 to the said Mottat Tunnel Water and Dri8iopmnt Co. on August ll, 19.$4, at the time of the execution of the original agreemnt be, and it is hereby, ratified and confirmed. Section 4. That the Treasurer of the City of Englewood be, and he is hereby, auflioriziCI and directed to issue warrants upon the Water Bond Funds of the Cit7 of Englewood and deliver the same as follows, to-wits A. Warrant to Moffat Tunnel Water and Development Co., in the SWll ot 18o,ooo.oo, as payment upon the balance of the down p.,_.t due said Company, delivery to be made forthwith to said Coms>anT· B. Warrant to Englewood State Bank, Trustee, in the sUJl of IS0,000.00, ae first payment upon litigation expense, to be delivered to said Bank upon completion of Trust Agreement between said Bank and the City of Englewood, Colorado, acting through Chu. R. Allen, tJtlairmn of the Water Advisory Board of said City, and the said Chae, R. Allen is hereby authorized to execute, in behalf of the City ot Fcialewood, said Trust Agreement. Section S. That the City Clerk of the City of Englewood be, and he is hereby, d!r9Cted to transfer from the bond moneys of the Water Department ot the Cit7 of F.nglewood, to the General Operating Funds of the Water DepartMnt ot the ,. City ot F.ngl.evood, 120,000.00 to reimburse said General Ftmd tor the said 120,000.00 thereot heretotore paid to the Moffat TlD111el Water and Development Co. at the signing ot the aforesaid Agreement on Au gust 111 19.$4. Section 6. The City Council hereby finds, determines and declares that thia ordlii&nce is necessary for the immediate preservation of the public peace, health, safety and convenience. Seetion 7. In the opinion of the City ~ouncil an emargenc7 existsJ therefore, thii ord!Jiance shall take effect and be in force from and after ita final pu .... and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 4th day of October, A.O. 19.$4, and ordered published in the Englewood Pres•• ATTBST1 Oi;;~~-~ / /---7 City vJ8rJC ~ -- -~ \ ' ColDlcilman Wright, Moved) Robohm, Seconded) That the above Bill be adopted on First Reading and ordered published in the Englewood Preas, ROLL CALLt Banta, Absent McCabe, Aye Cushing, Absent AJESt Seven Jamieson, Aye Purcell, Aye Parker, Aye KAYSt None Roboha, A7e Weigand, Aye Wright, Aye ABSBRT1 Two Mr. Fritsainger and Mr. Gabriel came before the Council regarding annexation ot a tract or land west of the Platte River, 60\Dlcil agreed to approve of the annexation if all requirements could be met. CouncQen ·i laha entered ' and was seated with the Council. Clerk read Ordinance No. Series of 19 Entitledt - AN ORDINANCE APPRCJ'IING THE ANNEXATIOO OF THE PROPERTY HEREINAFTER DISCRmBD TO THE CITY OP' mG1&100D, COLORADO, AND ANNEXING SAID DESCRIBED PROPERTI TO THI CITY OF EJfOL&IOOD, COLORADO, To-wITt ALL THAT PORTION OF '!HE COORt! or ARAPillm, STATE OF COU>RAOO, CCBTAINED WITHIR THE FOLLOWING DF.sCRIBED BOURDlRDSa BIDDIIlll AT THE POINT OF INTERSECTIClf OF THE CENTER1 LINE OF SOUTH JASClf STREIT · AID THB CENTER LIHB OF WEST STANFORD AVENU!J THENCE SOUTH ALO?«l THE CENTER LINE OF SOUTH JASClf STREET TO 'IHE CEMTER LIRE or WEST TUFTS AV»lUEJ THElfCE EAST ALClfG THE Cl!2f'l'BR LINE OF WEST TUFTS AVENUE TO THE CENTER LINE OF SOUTH INCA STREETJ THENCE SOUTH ALClfO THE CENTER LINE OF SOUTH INCA STREET TO THE NORTH LINE OF ~T UIICll AVl!JIUBJ THENCE F.AST .ALCllG THE NORTH LINE OF WIST UNIClf AY!JfUI TO THE CENTER LINE OF SOUTH HUR<lf STREET; THENCE NORTH ALONG THE CENTER LID OF SOUTH HURCll STREET TO THE CPJlTBR LINE OF WEST STANFORD AVENUE; THINCB WIST ALORO THE CENTER LIHB OF WEST STANFORD AVFllUE TO THE POINT OF B!XlINIDG. ColDlcilnan Bobobm, MoTed) Banta, Seconded) ROLL CALI.a Banta, Aye McCabe, Aye Cushing, Absent AYESt Eight That Ordinance No. Series of 19 just read be introaucid and passed on · Second reading as Ordinance Ro. 18 Series ot 1954 and ordered published in the Englewood Presa. Jamieson. Aye Purcell, Aye Parker, Aye NAYSI None Roboha, qe Weipnd, qe Wright, A7e ABSEIT1 One Clerk read Ordinance No. Series of 19 Entitled1 AN ORDJNANCE AMENDING ORDINANCE NO • .3, SERIES OF 1940, OF THE CITY OF ENGLEWOOD• COLORADO, ERTITLEDt "AN ORDillANCE FOR ZONING THE CITY OF ENGLEWOOD, TO R!DULlTB THE LOCATION, APPEARANCE, SIZE, CHARACTER AND USE OF BUILDINGS HERllFTER ERBCTED OR ALTERED, AND FOR SAID P~ES TO DIVIDED THE cm INTO DISTRICTS, PmmCRIBE PEHOTim FOR THE VIOLATION OF ITS PROVISIONS, AND TO PROVIDE FOR ITS ERFORCEMENT AND A BOlRD OF ADJUSTMENT, SUCH REGULATION BEING NEC&SSARY FOR THE GENERAL WELFARE OF THE COMMUNITY" J AND THE BUILDING ZClfB MAP IN CCIDIECTION THEREWITH. ColDlcilDBn Parker, Moved) Banta, Seconded) That Ordinance No. Series of 19 · just read be introduced and passed on-aec--ond reading as Ordj.nance No. '19 Series of 19Sli and ordered published in the Englewood Press. ROLL CALLt Banta, Aye McCabe, Aye Cushing, Absent AYES: Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None lloboha, A.19 Weigand, '7e Wright, Aye ABSERT 1 ()ie Clerk read Ordinance No. Series of 19 Entitleda An Ordinance vacating () the East .30 feet of what was formerly known as Block .3, Evanston BroaclwaT Addition,r!now vacated ~ Councilman Parker, Moved) Jamieson, Seconded) ROLL CALL: Banta, Aye McCabe, Aye Cushing, Absent AY!St Eight That Ordinance No. Series ot 19 . just read be introduced-a:ncf passed on SecOiid reading as Ordinance No. 20, Series ot 19Sb and ordered published in the Englevoocl Presa. Jamieson, Aye Purcell, qe Parker, Aye NAYS: None Robobm, Aye Weigand, Aye Wright, Aye AEENT1 One I .I I ' \} I Clerk introduced and read the 1'ollow1ng Bill. A BILL FOR AN ORDINANCE VACATING THE FOIJDln«:i DESCRmED LA.ND1 B!XllNNING 141 nzt. WIST OF THE NORTH EAST CORNER OF BLOCX 81 MANSFIELD ADDITION 1 THENCE WEST ALONG !'Hll SOOTH LID OF BAST LEHIDH AVntUE A DISTANCE OF 1103 FEET MORE OR LISS,, TO THE NCllTH WEST CORNER OF BLOCX S MANSFIELD ADDITION, THENCE NORTH ALORG THE EAST LINE OF SOUTH UXWf STREET A DISTANCE OF 60 FEET TO THE SOUTH WPST CORIER OF BLOCI 1 1 MITCHIM 1S SUB DIVISION, TimtCE EAST ALCHl THE NORTH LIME OF DST LBHIDH AVENUE A Dl5TANCE OF 110.3 FEET MORE OR m>S, THmCE SOUTH 60 FEET TO THE PODT OF B!Xl IHNING • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAIXh Section 1. 'nlat the propert7 described as followsa Beginning 141 feetW..t Ol tlie Worth East corner of Block 8, Mansfield Addition, thence West along the south line of the North West corner of Block 5 Mansfield Addition, thence North along the ust line of South Logan Street a distance of 60 feet to the South West comer of Block 1, Mitchem 1s Sub Division~ thence F.ast along the north line of F.ast Lehigh Avenue a distance or ll0.3 feet more or less, thence South 6o feet to the point of beginning, is located entire]7 within the cit7 11.llits of the Cit7 of Englewood, Colorado, and does not constitute a bounda17 line between the City ot Englewood and any county or other municipalit7. Section 2. That the vacation ot the within described propert7 will not leave &J11' adjoining land without an established public road connecting said land with another established public road. Section J. That the City of Englewood does hereby expressly reserve fQr contimaed use, arv r1ghts-ot-vay or eas.-nts now used for existing sewer, gas, water or s1m1l•r pipelines and appurtenances, or ditches, canals and appurtenances, ar el8ctric, telephC1De and aiailar lines and appurtenances, now l(jcated in said portion ot said Avenue. Section 4. That the said property above described be, and the same is hereby' diCiir9d vacated pursuant to the provisions of Section 69 (.3) ot Chapter 1431 19.lS, Colorado Statutes Annotated, and the title thereto shall vest in the . owners of the abutting land as provided in said Chapter 14.3. Section S. The City Council hereby finds, detennines and declares that this orCHiiiDCe i• necessary tor the 1.Jlmediate preservation of the public peace, health, safety and convenience. Section 6. In the opinion of the City Council an emergency existsJ therefore, th!s ordlii&nce shall take effect and be in force from and after _its final passage and publication. PASSED on First Reading by the City Co\D'lcil ot the City of Englarood, Colorado, this 4th day of October A.D. 19S4 and ordered published in the Englewood Press • . A'n'EST1 Counc1lwn Parker, Moved) ROLL CALLt Robohm, Seconded) That the above Bill be adopted on first readiJll and ordered published in the Englevood Presa. Banta, Aye Mccabe, qe Cushing, Absent Ams light Jamieson, qe Purcell, Aye Parker, Aye NA?Sr None Roboha, J.78 Weigand, qe Wright, A7e ABSEllTa. ~ ' Clerk introduced and read the f ollaving Bill. '· A BILL FOR AN CEDIH.ANCE mTITLEDa AN ORDINANCE AMENDING ORDINANCE NO. J, SBRIIS OF 1940, OF THE CITY OF EWLEWOOD, COLORADO, mTITLEDa "AN ORDINANCE FOR ZOIIHG THI CITY ~ or-.aIEWOOD, TO RmUUTE THE LOCATICfi, APPEARANCE, SIZE, CHARACTER ARD USE OF BUILDINGS HEREAFTER ERECTED OR ALTERED, AND FOR SAID PtJRPCEES TO DIVIDE THI CITY INTO DISTRICTS, PRFSCRIBE PENALTIES FOR THE VIOLATIOO OF ITS PROV'lSIClfS, AND TO PROVIDE FOR rrs ENFCllCBMENT AND A BOARD OF ADJUSTMENT, SUCH RmULlTIOI BED«l NECESSARY FOR THE GENERAL WELFARE OF THE COMMUNITY"; AND THE BUILDJNG ZONE MAP IN CORHECTIOO THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGIEWOOD, COLORADOa Section 1. That pursuant to Section 16, Ordinance No. 31 Series of 1940 aa abOYe entitled, and Sections 19 and 20 1 Chapter 26, 193S Co1orado Statutes Annotated, u amended, the property described as lots 43 and 44, Block 71 Logandale Addition, be and it is hereby, removed trom the uae, height and area regulations of Section 6, Ordinance No. 31 Series of 1940 "Fara Residence District Regulations", and ea.id property be, and it is hereby d.ea1gn..-.i aa "C-2 eo-:N4al District Regulations", subject to the use, height and area regulationa set forth in Section 61 Ordinance No. 31 Series of 1940 and the Building Zone Map attached to and a part of said Ordinance No. 31 be, and it is berebJ', mended to show tile area abaYe clNcrtbed aa being entirel.T in the said •c-2 Colnercial District", for use, height and area regulations. Section 2. That all requirements coaaerning Notice and Hearing have been acc011Pi1iihed in accordance with statute. Section 3. The City Co\D'lcil hereby finds, detennines, and declares tb&t thi8 orcnnanc. is necessary tor the illlnediate preservation of the public peace, health, satety and convenience. Section 4. In the opinion of the City 'Col.Ulcil an emergency exillt•J 1tberefore, thii ord!fumce shall take effect and be in force from and alter it• final paasage and publication. PASSED on First Reading by the City Co\D'lcil of the City ot Englewood, Colorado this 4th day of October, A. D. 1954, and ordered published in the End.evood Preas. A'l'T!ST1 Co\D'lcilman Parker, Moved) ROLL CALLI Wright, Seconded) That the above Bill be adopted on first R•dina and ordered published in the Englewood Pre••• Banta, Aye McCabe, Aye Cushing, Absent AYES: Eight Jaaieson, Aye Purcell, A78 Parker, Aye NAYSI None Roboba, A7e Weigand, qe Wright, Aye ABSEtfTa CJne Clerk introduced and read the following Bill. A BILL FOR AN ORDINANCE REXiULATING PARlING m THE PARKING LOT m THE 3300 BLOCK Bl!WEBI 'r SOUTH ACOMA STREET AND SOUTH BANNOCl STREET, AND PROVIDING PENALTI!S FOR VIOLATICllS 'l THEREOF. ~· BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENG!aiOOD, COLORADOa I I I I . . I I Section 1. An operator of a vehicle shall not park such vehicle for a period exceediDg two (2) hours at any one time between nine (9) o'clock A. M. and fiTe (5) o'clock P.M. on any day except Sundays and Legal HoiidaTs on the property described as the parking lot in the 3300 block between South Acoma Street and South Bannock Street. Section 2. Any person who shall violate any provision of this Ordinanee, sh811 upon conviction thereof, be punished by a fine of not to exceed Three Hmdred ($.)00.00) Dollars tor each offense. Section 3. The City Council hereby finds, determines and declares that this ord!D8iice is necessary for the inmediate preservation or the public peace, health, saf,ty and convenience. Section 4. In the opinion of the City Council an emergency exiataJ therefore, this ord1iiance shall take effect and be in force from and after its final passage and publication. PASSED on FIRST READING by the City Council of the City of Englewood, Colorado, this 4th day of October, A. D. 1954, and ordered published in the Englewood Presa. ~-~-l!M~ A'M'EST1 ~~~ ~ Councilman Parker, Moved) CJY&Jor-u Jamieson, Seconded) That the above Bill just read be adopted on First Reading and ordered published in the Englewood Presa. ROLL CAI.La Banta, Aye McCabe, Aye Cushing, Absent ADS1 Eight Jamieson, A-ye Purcell, Aye Parker, Aye NAYS: None Clerk introduced and read the following Bill. A BILL Robohlll, Aye Weigand, Aye Wright, Aye- ABSENT1 One Fall AN ORDINANCE AMmDING ORDDlANCE NO. 5, SERIIB OF 1948, ENTITLID1 •Al ORDINANCE RELATING TO THE IMPOOING AN OCCUPATION TAX UPC!l THOOE E!ll.lGBD D THE SALE AT RETAIL OF INTOXICATING LIQUORS AND TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXATION", AS AMENDED BY ORDINANCE NO. 11 SERIES OF 1953, BY REPFALING OR DINANCE NO. 71 SERIES OF 1953, AND ADDING TO SECTION 4 OP ORDINANCE NO. S, SERIES OF 1948, SO AS TO PROVIDE THAT CLASS A OPERATORS SHALL PAY AN ANN UAL OCCUPATION TAX OF $1,ooo.oo. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL&lOOD, COLORADO. Section l. That Ordinance No. 71 Series of 1953, be, and it is hereby ~~ Section 2. That Section 4 of Ordinance No. 5, Series o.f' 1948, be amnded to read as follows: "There is hereby levied and assessed for the hear 1948 and tor each year thereafter an annual occupation tax upon the business ot selling J.2% beer, malt, vinous or spirituous liquors, except medicinal liquors, in the City of Englewood, as said occupation has been classified as follova: For all Class "A" Operators the sum ot 11,000.00 For all Class "B" Operators the sum of 200.00 For all Class "C" Operators the sum of 200.00 For all Class "D" Operators the sum of 200.00 For all Class "E" Operators the ··l'um ot 400.00 For all Cl.ass "F" Operators the sum of 150.00 Provided that for the year 19L8 said taxes shall be respectiveq prorated from the first day of April, 1948." Section J. The City Council hereby finds, determines, and declares that this ord!iiADce is necessary for the inmediate preservation of the public peace, health, safety and convenience. Section 4. In the opinion of the City Co\D'lcil an emrgency existllJ there.tore, thiS or&ance shall take effect and be in force from and after its fiiial. passage and publication. PASSED 00 FIRST READING by the City Council of the City of Englewood, Colorado this 4th day of October, A. n. 1954, and ordered published in the EnglBvood Preas. ATTJ!ST: ~fi~~- ~ CilQCierk Councilman Jamieson, Moved) Wright, Seconded) That the above Bill just read be adopted on First Reading and ordered published in the Englewood Press. ROLL CALL: Banta, Nq McCabe, Aye Cushing, Absent AYES: Five Mayor declared the motion carried. Jamieson, Aye Purcell, Aye Parker, llQJ NAYS: Three Robolm, qe Weigand, Rq Wright, qe ABSIRT1 ~ Council.Ian Banta recollllllellded that the Council should give a thorough studl' ot License and 8811119 11ethod of raising additional revenue and after discuaaion Mayor Weigand asked that a meeting be held Monday evening October 11th. Mr. Bobq presented plat known as Block 2 Bobay Heights approved by the Pl.arming Co-1.ssion. Same being a re-subdivision of Block 11' r. P. Gumers Broadway Hei gh ts, bounded on the North by Layton Avenue and on the South by Chenango Avenue on the F,ast by Jason Street and on the West by Xalanwth Street. Councilman Parker, Moved) Robohm, Seconded) To approve the above plat and the Mayor be authorized to sign and Clerk attest same. ROLL CALL: Banta, Aye McCabe, ATe Cushing, Absent AY!S1 Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYSI None Roboha, Aye Weigand, qe Wright, Aya ABSENT: ()le Mr. Walcher asked for leave of absence for 10 <Ucy"s being called for .M:llit&1"7 clut7. . Councilmn Jamieson, MoTed) Purcell, Seconded) That the leave be granted. ROLL CALLI Banta, Aye McCabe, Aye Cushinc, Absent ADS: Eight Jamieson, Aye Purcell, Aye Parker, Aye 1'AlS: None Robohm, Aye Weigand, Aye Wright 1 qe . ABSENT: ~ Councilman Jtobohm, Moved) Wright, Seconded) That Attorney Wm. R. Yomig be appointed to fill teq:>orary vacancy of Police Magistrate. ROLL CALL: &.nta, Aye Ji:Cabe, Aye Cushing, Absent A~I Eight Jamieson, Aye Purcell, J.Te Park~r, Aye NAYS: None Robohm, Aye Weigand, Aye Wright, Aye ABSlmT1 One I I I ~ I I Attome;y Wm. Bodan presented and there was read the following Notice. 10T ICE TO WHCll IT MAY CClfCERN t All citisens and parties in interest are hereby notified that the City Council of the City of Englewood, as the legislative body of said City, upon petition and recoamendation of the Planning COlllllission of the Cit7 of &1glevood 1 on its own motion, pursuant to Section 16', Ordinance No. 3 1 Serie• ot 1940 of the City of Englewood, Colorado and Sections 19 and 20, Chapter 26, 193S c. S. A., as Amended, intends to introduce an Ordinance on the lat daT ot llcwaber, A. D. 19S4, amending said Ordinance No. 31 Series of 1940, City of Engl.ewod, Colorado, and the Building Zone Map which constitutes a part thereof, changing the zoning and regulating the following described areas as follows, to-wits • Lots 71 8, 91 and 101 Block 21 S. G. Hamlins Addition from an "R-2" District to a "C-2" District. Public hearing will be had upon said proposed amending ordinance at which parties in interest and citizens shall have an opportunity to be heard, at 8100 on the lat day of November, A. n. 1954, in the City Council Chambers at the City Hall of the City of Englewood as provided by statute. BY ORDER OF THE CITY COUNCIL OF THE CITY OF ENGIEWOOD, COLORAOO • ~ref:~~ .. . c y Councilman Robohm, Moved) ROLL CALLt Banta, Seconded) That the above Notice be published October 7th and hearing be held November 1st. Banta, Aye McCabe, Aye Cushing, Absent AYESz Eight Jamieson,, Aye Purcell, Aye Parker, Aye NAYS: None Robohm, qe Weigand, A19 Wright, A3e .. AlmENT1 ~ Clerk read a letter from the Crocker Claims Service asking dam.gee of tlS0.00 to a car belonging to James E. and Lydia E. Wolfe resulting froa the car str1Jcing a hole in the road at [enyon AYmue and Cherokee Street. Councilnan Banta, MoYed) ROLL CALLz JUtieson, Seconded) That the above claim be denied. Banta, Aye McCabe, Aye Cushing, Absent Amz Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Robohm, Aye ¥eigand, Aye Wright, J.ye . . ABSEIT1 cme The Aurora Land Development Comp1117 asked that a disclaimer be sigllfd by the M&J'or of Englewood for certain land in the Higgins Englewood Gardens, to Quiet Title same being read in full. Councilman Parker, Moved) ROLL CALL: Robo)lln, Seconded) That the Mayor be authorized to sign the above disclaimer. Banta, Aye McCabe, Aye Cushing, Absent Am: Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYSz None Roboba, Aye Weigand, Aye Wright, Aye ABSENT: ~e City Attorney presented the following options on land for ~ H~. Marie Nielson Lots 24 & 2S Block 1, Birches Addition to South !road.val' Heights, purchase price t15,Soo.oo Net. A deposit of $1,000.00 to be paid at this time. Martha c. Coffey a tract of land on the SW Corner of South Clarkson Street and East Jefferson Avenue. Purchase price $4,250.00. Deposit being t2SO.oo Co\D'lcilman Parker, Moftd) ROLL CALLz Purcell, Seconded) That the .l1ayor be authorised to sign the options and the Warrants for Deposits be paid. Banta, Aye McCabe, Aye Cushing, Absent AYES: Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Robohm, Aye Weigand, Aye Wright, Aye ABSENT1 ~ ·- City !tanager presented approved claims on the General Fund totaling IS6,784.67. · . Councilman Parker, Moved) Roboha, Seaonded) That the approved claims on the General Fund ROLL CALL: Banta, A-,e McCabe,· Aye Cushing, Absent AYES: liP'b · be paid. Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Robolm, qe Weigand, '7• Wright, Aye • ABSF.Jrl' I One City Manager presented approved claills on the Water Fmld to~ling ll6,JS2.40. Councilman ~arker, Moved) · ROLL CALL: • Rt>bohm, Seconded) That the above approved claim on the Water Fund be paid. Banta, Aye McCabe, Aye Cuahing, Absent AYES: Eight Jamieson, Aye Purcell, Aye f'artcer, Aye NAYS: None ABSENT 1 Cl1e Cit7 Manager presented approved claill8 on the Sewer Disposal Plant Fund totaHna 120,SJ6.39. Comci 1 wn Roboha, MoYed) ROLL CALLI Parker, Seconded) That the above approved claills on the Sever Disposal Plant be paid. Banta, Aye McCabe, Aye Cushine ,Absent AYES: Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Raboba, qe Weigand, '79 Wright, Aye esm1 0ne City Attorney presented claillls of John B. Cartright for appraisal ot Project . CSOl-007-01 Haapdm Street and Jefferson Street from Barmock to Clarkeon Street Councu..n Banta, Moved) Wright, Seconded) That the above claim be paid. ROLL CALLI Banta, Aye McCabe, Aye Cushing, Absent AYES1 Bight Jamieson:; A-,e Purcell, qe Parker, Aye NAlS: None Boboha, qe Weipnd, A7e Wright, Aye ABSBIT1 One Attorney M. o. Shivers, Jr. presented claiJll8 on the Water I>epart.mnt u foll.on• '801 000.00 on the purc ... e price ot The Moffat Tunnel Water and Dnelepmnt Co. and IS0.000•00 to the P.nglewood State Banlc as Trustee for the pa,_at of aa;r a:rr•• in the u. s. District Court, District of Colorado Civil Case lo. 2782. ' !he abcwe term being set up in the agree111ent entered into the llth dq ot .lugtan' l9S4. Counc11.mn Ro~, MoYed) Judeson, Seconded) That the above claims on the Water Depart.mt be pa.id. ROLL CALLI Banta, Aye lt:Cabe, Aye Cushing, Absent UE• Eight Councilmn Roboha, MoYed) Jamieson, Aye Purcell, Aye Parker, lye NAYS: None Roboba, Aye . Weigand, Aye Wright,~ ABSD'l': fjne Purcell, Seconded) That the Contractor "Mann Conet.ructian Co." ROLL CALLI Banta, Aye MDCabe, Aye Cushing, Absent AYE1 light (/_,;o be authorized to proceed with the constructian ot Sanitary Sewer No • .34. Contract Jlrioe• being 11,891.CX>. Jamieson, Aye Purcell, Aye "'arker, Aye NAYS: Heme Bobotm, Aye Weigand, Aye Wright, '7• AEERT1 One ·I \.. .,,. City Manager presented the Budget for the year 1955 for final approval amolDlting to 1499,000.00. Whereupon the following resolution was a.dopted. RESOLU TION WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, lDlder the statutes of the State of Colorado, to make the .annual tax levy for city purposes for the year 1954 due and payable in 1955, and WHEREAS• it is necessary for an additional special levy to pay interest on water bonds heretofore issued as a general obligation of the City of Englewood, Colorado, NCI¥ THEREFCEE, BE IT RESOLVED that there be and there is hereby levied for the year A. D. 1954, due and payable as re quired by statute in the year A. D. 1955 1 for said purposes, a tax or 8 mill.8 on the dollar, and a special tax ot 2.Qi mills on the dollar for water bond interest, upon all taxa~il propert7 real, personal and mixed, of whatsoever kind, within the limits of the Cit7 or Englewood, County of Arapahoe, State of Colorado, subject to a tax in acc~dance with the laws of the State of Colorado. H. G. WeiJland JfaTor A'ITEST: J. L. Barron City Cleric PASSED AND ADOPI'ED by the City Council of the City of Englewood, Colorado, this lsth day of October, A. D. 1954. ROLL CALL R. L. Banta, Yea c. E. Cushing, Absent Paul Jamieson, Jr., Yea c. H. McCabe, Yea B. B. Wright, Yea C. A. Parker, Yea R. J. Purcell, Yea L. A. Robop, Yea H,. G. Weigand, Yea I, J. L. BARRCfl, City Clerk of the City of Englewood, Colorado, do hereby certif7 that the foregoing RESOLUTICfl is a true and correct copy of a Resolution duly and regularly a~opted and approved by the City Council and the.Mayor of the Cit7 ot Englewood, Colorado, on the 4th day of October, A. D. 1954. J. L. Barron C:[ty -cierlC Coucnilman Robohm, Moved) Purcell, Seconded) That the Budget be approved as presented and the above resolution be adopted. ROLL CALLI Banta, Aye McCabe, Aye . Cushing, Absent AYES: Ei ght Jamieson, Aye Purcell, Aye Parker, Aye NAYS: Hone There being no further business to come before the Council Councilman McCabe, Moved) Purcell, Seconded) That the Council adjourn ROIJ, CALL: Banta, Aye MCCabe, Aye Cushing, Absent AYES: Eight Jamieson, Aye Purcell, Aye Parker, Aye NAYS: None Robohm, Aye Weigand, Aye Wright, Aye ABSENT; One Robohm, Aye Weigand, Aye Wright, Aye ABSENT: One The minutes or the Regular Meeting of the City ColUlcil or the ~y o! lmglewood, Colorado, held this Monday October L, 1954, stand approved as ~,.this Monday the lat day o! November 1954 • A .D. ' !d~r <i. w1;1~