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Home My WebLink About1949-02-15 (Regular) Meeting Minutes6t AD.TOURllED REWLAR MEEI'Il10 'IUESDAY T'B1!: 15th, DAY OF OF THE CITY COUNCIL OF " THE CI'l'Y mi: DICLllOtm, l'ebru~, .l. D. 1949. COLORADO THIS Mayor Chas. R. Allen, Called tbe Meeting to order and asked tor Roll Call: ROU. CALL: Buchanan, Oliner, Abs ent, Absent JJa4dox, Present , Milligan, Present, Four ·Present, Absent TWo. Cushing, Preaem Woodn:an , Present, I. group or 18 resident• residin in the 2700 Block on So. Cherokee street, With Mr. s. P. Cl"Wllp, u apokemum came before the Council with regard to th<' unsanitary condition, and appearance or the pro- perty located at 2701 Scuth ~herokee Street. After discussion the matter was r erered to the City l.ttor- ne1 aa to legal actiml to be taten. .!!, ! §. Q L Y. T I Q. !• . WHEREAS the Green Valley Ditch Company is the owner of a water right under a decree dated May 1, 1880 tor 2.25 cubic reet per aecond, and WHEREAS the City or En lewood ie desirous of purchasing said described water right tor use in ita unicipal water worka system, and WHEREAS agreement between the City of Englewood and the Green Valley Ditch CanpanJ haa been reach- ed settling the te~ and condition• of the purchase or said water rights between the City or Englewood. 10 THEREFORE, BE IT RFSOLVPD: 1. ftlat the Mayor or the City or Englewood be, and he is hereby, authorized to execute an Option Agre ~ment covering the described water •ights in word and figure• as hereinafter set forth and the Clerk or the City or Engle wood be, and he is hereby, authorized and instructed to attest said Option Agree- ment. 2. That said Option Agreement shall read as follows, to-wit: 'mIS AGREEME!ft' made and entered into this 4Q' or , A. D. 1949, b7 and be- tween th e City or Englewood, Col rado, a municipal corporation or the second claaa, acting by end through it• ayor, Charles R. Allen, party of the first part, and Green Valley Ditch Ccmpany, WlftiBSRfBQ, That, IHEREAS, the party or the aeoond part is the owner or a certain water right on the South Platte R1Ter under a decree dated May 1, 1860 for 2.25 cubic feet per second, locally known and deaeribed aa Epperson Ditch, and IH!'.REAS, the party or the first part is desirous or purchasing said water right, and WHEREAS, the stockholders of the clance wt th the terms heretnatter aet rorth party of the secon4 part have agreed to mal:e such sale in accor- as •ill appear by their signatures subscribed to the Consent at- tacbed hereto. ow, conaideration grant• to the 1ng tenaa: THEREFORE, in consideration or the sum or lt.,iTe Hundred Dollars ($500.00) and other Taluable to it in band paid, receipt or which is hereby ackowledged, the party or the second part hereby party or the first part an option t o purchase jbe above described water right upon the follow- 1. It said water right be purchased without further adjudication (first party to haTe the right of determin i ng whether or not further adjudication shall be bad) then and in that event the part7 ot the rirat mart aball pay to the party or the second part the further sum or 182 ,ooo;oo and recei Te the •i thin deacribed -ter right by ~er conTeyance, tree am clear et all liens and encumberances. .I 2. In the event that said water right is readjudicated ( at firat party•a election) either with re a rd to its nature of beneficial use, or in regard to its point of diversion, then and in that eTent the party or t he f irat part will pay to th e party of the senond part the sum of $10,000.00 per cubic toot per second for each such cubic toot awarded to the party of the first part tor daneatic use and/ or change 1a div e rsi on ppint in such described readjudication. I 3. It is specifically understood by the parties hereto that the sum or $500.00 earnest money . p a id on thi• option shall apply to the purchase price or the within tescri-ed water right ae purchased by the party or th lit.rtJ ot ·'the first part whether und c r el ther paragraph 1 or paragraph a hereof, and in the event tbe part y or th . first part should tetennine on or befor the expiration date or this option t!Ult it doe• not deaire to purc baae the within described water right, then upon written notice thereof to the party or the second part thia option •hall becane null and void and of no forc e and effect, and the party or the aeoond pert will ret in the 1500.00, paid as earnest money on this option, in full ani canplete satiefacticm or aD1' and all or it• ri ta against the part y of the first part, and tbe party or the second part will have no remed1 at law or in equity tor specific perfonn~nce of this a e reement, or for damages resultant from the decision or the party or the tirst part not to exe rcise this option in accordance with its terma. '· This option shall extend fran the d a te hereof until the lat day of December, 1949. IN ITN!SS iVHEREOF, the ~arti s hereto have hereunto set their hands and seals the day aD1 year rtret above written. CITY OF F.NGL-W COD , COLORADO By ----------Party or the first Part. Cit :; Clerk. GRF.FN VALLEY DITCH C CJ.fi> AI<ri A TTF.S'l': Secretary By ---Pres Pident Party or the Second Part I • 3. '?hat the City Tre surer be, and be is hereby, authorized to 1 aaue a warrant drawn upon the • ater Fund• ~ the City or En lewood in the amount of ~oo.oo p~able to the Green Velley Ditch Ccmpany to -e deliTe~ to the said Green Valley Ditch Company in accordance with the terms ot said Option. llclernum illlgan, Moved ) ROIJ.. CA.LL: Cush ing , Second d ) That the above and forgoing resulation be passed and adopted. Buchanan, Oliner, Absent Absent Maddox, Aye Milligan, Aye Four Ayes and two absent Mayor so ordered Cushing, Woodman, Aye Aye lderman Oliner comin g in took seat with Council R E S O L U T I O N ---------- WBEREAa the City or Englewood d sires to acquire for use in its 1111nicipal water-worlal system certain water rights which are appurtenant to lands owned by ElJnber Hartner, said lands being located in Arapahoe County, Colorado and described as tollows, to-wit: Part ot nf or SJiii-ot Seoticn 4, Tmnship 5 South, Range &8 West described as 'ollowa: lcxnmencing at a point which is the inter- aeotioa ot the •or h line or the Southeast quarter or said Section 4, Township 5, South, Rttnge 18 West, and the West right-at'-W81' line ot U. s. Highway lo. ~. thence Sruth .02° 52• West along the West rigbt-ot-way line or the u. s. highway lo. 85, a distance ot 85.83 tt.; thence South 18° 28' West aleng the Northwesterly right-ot-way line ot U. S. iliehway No. 85, a dist a nce of 257.88 feet to the true point or beginning; thence tram said true point or beginning continu1118 Saith 18° 28' West along the larth westerly ri ght-ot-way line or o. s. Hi~w ay 85, a dist once ot 87.5 rt. to a point; thence Korth 72° 22' est a dist'l?lce 200 tt. to a point; thence Rorth 16° 28' East a distance or 87.5 teet to a point, thence at right angles a distance ot 200 teet to the point of beainning, and EREA.I aaid water ri .hts dejrtbed as a 14/23 interest in the ~etersburg Ditch can be acquired only upon terms and COllditiona prescribed by the present owner, and it is the opinion ot the City Cruncilot the City or Englewood, Colorado pursuant to engineering advice, said water rights and a portion ot said landa are essential as a part or the water-worka system of the Ci tyof Englewo od, and are necessari to canplete said water-worka syatem, and #HERE.AS the said llJler. Ha rtner has not definitely determined the basis upon which he will sell said described water rights, particularly as to whether or not the said Bl.mltr-Harnter will sell said water rights and retain all the lands to which said rights are appurtenant, or sell said water rights together •1th a porticm or said lands, and WHEREAa in the q>inion or the City Coi.mcilof the City of Englewo id, Colorado the Aest interests of said City will be serTed by the execution of the Option Agreement between the said :iJ.mepr Har'bner and the City; and that the executionof such an option agreement is necessary to the immediate preservation ot the public peace, health and safety of said City of En g lewood and the inhabitants tbereot; --t1IR9 mmEFORE, BE IT RESOLVED BY the City Cruncil of the City of Englewood, Colorado: I-• That the Mayor of the City or Englewood be, and is hereby authorized to execute, and the Clerk or the City lewood be, end is hereby authorized al'Ji 1nstrueted .to attest in behalf ot the City ot Englewood an Option Agreement with the said .l!:lmer Hartner upon the foll<Ming terma md conditions, to-wit: (A) In the eTent that said ~ Hartner determines to sell the deecribed interests in the peteraburg Di tob and retain all lands nav 011Ded by him except certain right a-at-way and well alt••• then and in that event, the Option Agr e ement shall show as the full purchase price for aaid water rights the sum or ~o,ooo.GO (B) In the eyent that the said Elmer Hartnc r determines that he will not sell said water rieJita without selling a large portion of the land to whichsai d water rights are appurtenant then and in that eve?R, said Option Agreement shall prov ide that the city of Englewood sballpay to the said Elmer Harnter the sum of )l,OOO. per acre tor the land determined to be sold and purchased , and the described water rights shall be delivered with the land at no additional coet ot the lity of Englewood, PROVIDED, Hrn'/EVER, that the said Elmer Hartner sh all not in any event require the City of ~ngl ewood to purchase in excess of 100 acres ~ land. (C) Before the ex~cution of any such Option Agreement the said Elmer Hartner shall designate the portion of lRDd owne d by him which th r city of Englewood shall purchase if the 499 500 said Elmer Hartner determines he will not sell said water rights w1 thout selling a large portion o or land to which said water rights are appurtenant, in order that a surYey may be made ot the land ,oH · ~ oltlin d a t prope~} legal descrip.tion tt.ereor. {D) At the time or the sxect ution of said Q)tion Agreement of the Oity of Englewood shall pay to the said .Elmm-Hartner the sum of ~8,000.00 as earnest money which shall be received by Elmer Hartner as a part ot payment c£ the entire puwchase price for either the said water rights, or land, or both, following his decision as to which alternative be shall select. 2. The Mayor and City treasurer ot the City of Englewood are hereby authorized to draw a warrant in the amount ot JB,OOOJOO ca the water Bond account or the 1,;ity of Englewood, payable to the said Elmer Hartner 1 and to deliver the I .... to Bi.er Hartner at the time or the executioner the vption Agreement. Alderman Milligan, koved) o odman, Seconded ) That the above and fore g oing resolution be paaaed and adopted. RlLL CALL: Buchanan, Oliner, Absent Aye Mad d ox, A.ye Milligan• Aye Five Ayes and one Absent Mayor So ordered RESOLUTION Cushing, .Aye- Woodman, Aye MIEREAS The city or Englewood has purchased certain water and water rights tor use in its municipal water- •orka •ystem, and mF.AS litigation corx:erning said Weter ri g hts is probable, and WHERF.AS sentcea . relldere4 .. b,O i ty At ·orney upon the water problems are chargeable to the water Fund, rather I tban to ordinary city bwtpted ..,._ .. , and WHEREAS '1le·•alarJ ot *be Gi~y Attorney under Statute and Ordinances constitutes only payment ot his services 1D attending colmcil meetings, and WHEREAS the time required in rendering such services will require sufficient compensation to the Qity Attorney O'fer and above hi s aalarr. trO ' , 'lBEREr~E, BE IT RESOLVED th a t the City attorney shall be paid trom the Water Fund of the Cityof Englewood l!D.OO per hour tor otrice work spent upon water problems only, $50.00 per day for work on water problems outside the office ot tile OitJ Attorney, and mileage or 8 ¢ per mile tor actual miles traveled and other similar expenses chargeable to the ater Fund •hall also be paid out or said Fund. .; A.ldennan Oliner oved) Mad ox Seconded) 'l'bat the above and fore g oing resolution be paeaed and adopted. ROLL CA.LL : lderman Buchanan, Absent liner, Aye •illigan Maddox -.oved) Seconded ) ROLL CALL: Buchanan, Absent Oliner, A.ye Maddox, Aye Milligan• A.ye Five eyes and one a bsent Mayor so ordered Cushing,Aye Wood.man, A.ye Th at invi tetions to bidders. for the furnishing of hydrant a, valve•, and valve boxes for use in the Sanitary water distribution system, be published in the Enelewood Enterprise, ~nglewood, Colorado, February 17, 24 1 and March 3, and bids w· 11 be publicly open and read at the C}).ty Hall March 25, 194g, at 8:00 o•clock P. M. 14adcio9, A.ye Mil i g an, Aye lt'ive Ayes and one Absent Lj ayor soordered Cushing, Aye Wood.man, A.ye Alderman ..>uch anan ccmin in took seet with Council Alderman •oat man moved) #c,.e Uad • ox ~econded) T a t 11bei n R no ··urther busine s s t o come b efore the Council, Council adjourne.. to meet ain on ond8J'/;aatb day of February, 194g, at 8:00 O'clock P . • ROLL CALL: Buchanan, Av<' Ollner. •llJ'e l1ad d ox , Aye ui l li Rn, A.Ve ~ive A7ea One •ai iilay or s oordered Cushing, Aye Woodman,Aye The minutes or adjoUJ1Ded regular meeting of the City Council Qt the City of Englewood,Oolorado this Tuesday the 15th day or aebruary, A. D. 194g, stand approved as r,t1td · this 14th day of March, A. D. 194g. I I I