HomeMy WebLinkAbout1962-05-07 (Regular) Meeting MinutesllmuLAa Dn'DIGa
COUNCIL CBMBBRS
Cift OF DfGLEWOOD, COLORADO
MAY 7, 1962
'fbe City Council of th• City of Englewood, Arapahoe county, Colorado, -t
in r99'1lar ••••ion on Monday, May 7, 1962, in the Council Chamber•, City Ball,
BngltNOOd, at the hour of 8100 P.M.
Mayor McLellan preaiding called th;neeting to order and the invocation waa
9iven by th• Reverend Loui• Kerby of the Free Methodist Chkch.
; '!be llayor aaked for roll call. Upon the call of the roll, the following
per80n• w.r• preMnta
coanc:ilmena Braun, Brown9W811, Love, Miles, Smukler, Wooda, llc:Lellan.
Alao Pre .. nta Acting City Manager Babcock,
City Manager Deaignate Dial,
City Attorney Bach,
City Clerk Beauaang.
Amenta Ilona.
'!be Mayor declared a querum pr•••nt.
621-2 APPROVAL OF COUNCIL MDTIJ'l'BS
COUllCXUIAll BRAUll llOYm, OOUllCILMAB BROWllBWBLL SBCOllDBD, '!BAT· '1'llB MillUftlS
C1' APIUL 211D, 16tB, 1962 .. APPROVBD AS OORRBCTBD. Upon th• call of the roll,
tbe vote reaulted aa followaa
Ayeaa Councilmen Wooda, Smukler, Mile•, Love, Brownewell, Braun, McLellan •
.. yaa Ilona.
Abaent 1 Ilona.
fte .. yor declared th• motion carried.
112-94 ~TI90 TO PAVIllG DISTRICT RO. 12
eop1i41ration of Bid• for Conatruction I
\
!'be Acting City Manager read a recommendation from th• City Bngin .. r a8
followaa
toa ....
IUBJ9C!'1
llr. 8'8nley Dial
11r. w. o. Davi••
•IllTBR OPFICB
MBMORAllDUM
BID OP•Im PAVI.U DISTRICT #12
May 7, 1962
!'be al9ineering Department ha• completed the tabulation of paving diatrict
bida that were opened thi• morning. The two lowe•t bidder• w.re Peter Kiewit
SoM' COllpany with $293,008.SS, and Aaphalt Paving co.pany with f304,S32.74',. .
I therefore au999•t Peter Xi.wit Son•' be awarded the contract for Paving Diatrict
•12.
In reference to the a1110Unt of bond• for this contract-a• per our diacuation
I would au99eat that we have bond• for the amount of $425,000.00, ($215,475.00 in
lection •A•).
I aight aay at thi• time that we were fortunate in aaking for bid• ao early
in the .. aaon and thu• being favored with an exceptionally low contract figure.
/•/ w. o. Davi••
City Bn9ineer
mD/bb
ft• ActiDCJ City Manager preamted the reaulta of the bid ope~ing• co~
at 10100 A.II. •• followaa .,
JIUlutea of May 7, 1962
Oo!lp!nY
Aaplaalt ••in9 Co.
Brannon Sand • Gravel co.
llorthweatern Bngin .. ring Co.
Weatern Paving co.
Peter Ki.wit &on•' co.
Bft9ineer'• sati .. t•
AIDount
$ 304,533.34
329.535.22
333,402.98
316,711.64
293,008.55
413,416.17
'l'h• Acting City Manager atated that he concurred with the City Bngin .. r's
rec:c andation and sequeated the Council to authorize the award of the con-
tract to Peter Xi.wit Sona' Company.
OOUllCIUIAll BRAUB MOVBD, COUNCILMAN LOVE SECONDBD, TBAT '1'IB OOUllCIL
REBIVS 'ftlB RBCCMllBBDATION OP TBB CITY BHGIREER ARD CI'IY MAllAGBR AllD APPROVB
'1'BB AllAltD OP 'ftlB calTRACT POR '1'BB CONSTRUCTION OP STRBBT IMPROYmlBllTS IR
PAVIBG DISftIC'I' BO. 12 TO PBTER KIBWIT SONS' COMPANY, LOW BIDDBR, IR TBS
AllOUll'l" OP $293, 008. 55, ARD THAT TBB MAYOR ARD CITr CLBRJ< BB AU 1i&>AIZBD TO
SIGa '1'llB OOllTRACT TO THIS BPPBCT ON BEHALF OP THE CITY OP mGLBtK>OD. Upon
the call of the roll, the vote resulted as follows:
Ayeas councilmen Wooda, Smukler, Miles, Love, Brown.well, Braun, McLellan.
•aya: None.
Abaent: Rone.
'l'h• Mayor declared the motion carried.
con•ideration of bid• for sale of bonds
'l'h• Acting City Manager presented a tabulation of bids of Paving District
No. 12 bond• aa follow•:
"TABULATION OF BIDS
FAYING DISTRICT NO. 12 BONDS
Bid• baaed upon $525,000.00 asked.
May 7, 1962
Bid• received up to 2:00 P.M., Monday, May 7, 1962, and opened immediately
thereafter and tabulated aa follows:
GROSS
BIDDBR INT. COST PREMIUM
Hornblower & Week• $ 54,787.50
J. X. Mullen Investment
CO., J. A. Bogle & Co.
COu9hlin & co., Inc. 46,501.25
Boettcher & Co.
Bosworth, Sullivan & Co., Inc.
Petera, Writer & Chriatenaen, Inc.
Kirchner & Co. 48,941.25
Banifen, ~ff &
s-ford, Inc.
Cruttenden Podeata & 49,656.25
Killer
George X. Baum & Co.
$ 51.25
RBT RB'l'
INT. COST BPPBC. RAH
$ 54,787.50 3.22279 "
46,450.00 2.7323
48,941.25 2.87889
49,656.25 2.92095
•
Th• City Treaaurer reported that the low bidder had agreed to reducing
the amount of bond• aold from $525,000.00 to $425,000.00 as requested by the
City and had prepared a liat of maturities based on the $425,000.00 aale figure
acceptable to him.
OOUBCILMAIJ MILBS MOVBD, COUNCILMAN SMUKLER SECONDED, 'l'BAT TBB LOW BID OP
CX>UGBLIB AllD CCllPAl1Y, IRC., BOB'l'TCHBR ARD COMPANY, BOSWORTH, SULLIVAll ARD
cmlPAllY, IRC., PB'l'BRS, WRITBR •CHRISTENSEN, INC., POR TBB PURCllASB OP
$425,000.00 AT A &ft BPPBCTIVB INTEREST RATE OF 2.7323 ~BB ACCBPTBD AllD 'l'llAT
'ftlB MAYOR AllD Cift CLERK BB AUTHORIZED TO SIGN THE PROPOSAL OR BBBALP OP TllB
CITr. Upon the call of the roll, the vote resulted as follows:
Ayea: Councilmen Wooda, Smukler, Miles, Love, Brownewell, Braun, McLellan.
Maya: Rone.
Abaent: Rone.
'!'he Mayor declared the motion carried.
,; ''
. , t'R~ll' '~ ~·
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Minutes of May 7, 1962
DISCUSSION OF VOTER REAPPORTIONMENT AMENDMENT
Mr•. Lewi• Kern, Preaident of the Englewood League of Women Vot•rs, and Mr•. Harold Nit&berg, pr•••nted copies of the proposed VOTBR amendment to each
Councilman. Mr•. Kern then diacu••ed the proposal for reapportionment on
population ba•i• in considerable detail.
Mr•. Nitzberg stated that •he waaA.J.sappointed in the fact that the J
Bngl.wood Chamber of Commerce ha• 90n~6cord as favoring the Federal plans ·""-
of reapportionment. She stated thia plan does not represent the interests of
Bnglewood and Arapahoe County or any other area with rapid population growth.
Diacuaaion enaued aa to the appointment of the reapportioning committee, the
advantages or disadvantages sub-districting the County, and other points.
The Mayor thanked the representatives of the Le•gue of Women Voters and
expr•••ed his appreciation of their activities in this and many other related
field•.
621-66 RELATING TO RBQUBSTED DEDICATION OF STREET NORTH OP BBLLBVIBW AVBRDB
IN THE VICINITY OF SOUTH CHEROKEE STRBBT
The Acting City Manager read two letters he had received from Mr. A. B.
Thompaon, 325 Weat Belleview Avenue, Englewood, requesting a 60 foot wide street
between his property and that property owned by Peerless Builders, Inc. being
replatted as Carmel Park Subdivision. He stated that they would give and dedi-
cate a strip of land 30 feet wide 600 feet long subject to the ae41uisition of
a aimilar strip of land from the adjoining owners.
Mr. M. M. Suaners was preaent to represent Mr. Thompson. He stated that
Mr. Thompaon could not develop his property without a street and had offered
a •trip of land for this purpo•e in return of an equal dedication. Be emphasized
t hat the proposed Carmel Park Subdivision provided for the erection of a build-
inq within 16 f .. t of the center line of Cherokee Street extended. Be emphasized
the need for dedication of a atreet in the vicinity of Cherokee prior to the
approval of the Carmel Park Subdiviaion. Discussion ensued.
!'he City Attorney atated that the City cannot legally compel the dedica-
tion of a atreet. Mr. SU111Der• retorted that the Council effectively has this
authority when it review• aubdiviaions prior to their approval and, therefore,
muat have the authority to require •treats.
The Mayor reported that the Carmel Park plat was not ready for considera-
tion at thi• m .. ting, therefore, time was available for consideration of the need
for a •tr-t a• requeated by Mr. Thompson.
621-95 RBLATIHG TO USE OP SOU'l'B SIDE OF STREET FOR ANGLB PARKIHG AS BILL SMITS
PLUMBING
Mr. Bill Smith, owner of Bill Smith Plumbing ~ stated that he was seeking .
t he u•• of that area of the atreet known aa city parking at the north side of
hi• •hop at South Broadway and Oxford. He stated that he has been using the
area twnec1iately north of hi• •hop for angle parking for SO years and now will
not be allowed to do ao by the propoaed street paving plans as prepared by the
City Bngineer.
Mr. Smith stated that he had appeared before the Board of Adjustment and
Appeal• who recoamended that he appear before the Council to seek approval of
the u•• of the atreet right-of-way for his parking. The Board of Adjustment
and Appeal• did grant a 25 foot curb cut immediately east of the alley for
entrance into the rear of hi• business property but had not acted on the re-
queat for permi••ion to angle park at the side of his shop. Discussion ensued.
Councilman Smukler stated that if this matter had actually been considered
by the Board of Adjuatment and Appeals and denied that the City Council had no
further jurisdiction in the matter as recourse from the Board of Appeals was
into the court•. Mr;. Smith repli41d that the Board of Adjuatment had not acted
either way on thi• particular request.
The Mayor atated that it appeared that Mr. Smith was seeking either the
•ale of a portion of the street right-of-way or a lease to him. The City
Attorney reported that the City Manager and Traffic Engineer may be able to
offer a r...cty. Be atated that such a lease or permission to use of the
atr .. t waa not within the authority of the Council and would not remedy this
particular aituation.
The Mayor declared the matter to be taken under advisement and referred
to the City Manager, City Engineer, and Planning Di••ctor for reconaendations
aa to requeat for angle parking adjoining the Bill Smith Plumbing Shop.
The City Attorney reported that the Traffic Ordinance provides that an9le
kint .. y be allowed on streets having a width of 71~ feet ot more between
t»e would effect this particular case.
(Councilman Wood• left the Chambers at 9:15 P.M.)
JU,aatea of May 7, 1962
CDUJICILllU IDIUKLD JIOVSD, OOURCILMAN LOVB SBCONDBD, 'l'llA'l' '!BB ll&ftD • a.••• to '1118 Clft IWIAGD AllD 'l'JtAllTIC BNGINBBR'. IP COUllCIL M:.'!'108 ISM-
anaD to ACDCllPLI• ms cin M!IAGBR • s RBCOMMBNDA'l'IO& naT I'JI as ...... ., to
tam C009CIL POa 8UCll AC'l'IOll A'l' I'l'S NBX'l' MBB'l'ING. Upon th• call of th• roll,
the vote re•ulted •• followa1
Ay••• councilmen Smukler, Mile•, Love, Brownewell, Braun, McLellan.
•Y•• llone.
MMnta councilman Wood•.
9-•yor cieclared the motion carried.
611-7 llliDc:UDDG8 OP 11A'l'D Al1D SBWBR BOARD MEB'l'ING OP APRIL 11, 1962
ft.. •yor atated that •• the recommendations set forth in the minute. hlld
been acted upon at the April 16th Council Meeting, that the minutea be received
and placed on file ~
. -21-16 llllOC..,DICIS OP PLAllllillG AND ZONING COMMISSIOIJ MBftlm OJI APRIL· 1918
. ..._ llayor aaked that the minutes be received and placed o~ file.
621-67 ..... ·.· ...... !Ml.· ina Approval of Annexation of KLZ Taan•itt!r Sitt
'ftMI City Clerk read the following recommendation of the City Planning and
IOlliDg ca i••ion in fulls
•'fbe Plannin9 Collllli••ion recommend to City Council the approval of tb9
ann ... tion of th• area coanonly known as the KLZ aite, J.evally deecrta..I
aa followaa a tract of land lying in Section 3S, Townahip 4 &outh,
...... II ... t, in Arapahoe County, deacribed aa followa1 . 8ecJinning
at a po~nt where the eaat line of Block SO, Bvanaton Broadway Additioa
exteDl18d aoutberly interaecta the •outh line of Section 35, Town8hip •
south, aa...,. 68 Weat, aaid aouth line being the approximate center
line of ... t Jlawp'en Avenue: Thence Northerly along the ea•t line o1
Aid Block 50 to the north line of said Block SO, 'l'hace .aaterly to
the eaat line of South Lafayette Street, Thence Northerly al~aaid
... t line of South Lafayette Street to the center line of Baa~Ployd
Awenae, 'l'bence Baaterly along •aid center line of Baat Ployd Avenue
to tbe eaat line of th• SW 1/4 Section 35, Townahip 4 8outh, ._ 61
... t, '1'bence lo\ltherly along •aid line to the northea•t corner of the
• 1/4 • 1/4 of Section 3S, Town•hip 4 South, Range 68 W.at, ,'lhenOil·.
-terly alon9 the llorth line of the SW 1/4 SB 1/4 Section 35, 'l'aWn8lllp
4 &oath, aa...,. 68 Weat to the northeaat corner of the IW 1/4 s• 1/4 .. _
lection 35, !'ownahip 4 South, Range 68 We•t, '!'hence Southerly along tn.
... t line of the SW 1/4 SB 1/4 Section 3S, Townahip 4 South, ltaft99 68
We•t, to a point where ••id line intersects the north riCJht-or-way line
of· a. a. llo. 70 (Baat Hampden Avenue), aaid point beift9 approximately
90 f-t northerly of the aouthea•t corner of the SW 1/4 •• 1/4 Seetion
35, Town8hip 4 south, Range 68 W••t, Thence Weaterly alolMJ Mid north
ritbt-of-way line to a point where said line inter•ect• the ea•t lin•
of the • 1/4 Section 35, 'l'ownahip 4 South, Range 68 Weat, aaid point.
beilMJ approximately 90 feet north of the south quarter corner of aaid
8ection, '!hence Southweaterly along •aid right-of-way line of Baat
• 1.S.. AYenue on th• arc of a curve to the left, the radiua of which
eqaal• 783', for a diatance of 301.4 feet, thence Weaterly alon9 the
north ritbt-of-way line of Baat Hampden Avenue parallel to and 30
f•t north of the aouth line of Section 35, 'l'own•hip 4 South, llancJ•
U ... t, to a point where the north right-of-way line of ••t B 21.s.n a..na. interaect• th• eaat line of South Lafayette Street, 'thence
8oatberly to a point where the eaat line of South Lafayette Street
interaect• the aouth line of Section 35, Townahip 4 &oath, aa...,.
18 w.•t, 'l'bence Weaterly along -id aouth line of aaid Section to the
point of beginning, containing approximately S7.202 acre•. be•u•
(1) annexation of th• acreage covered by the petition would be con-
aiatent with aound principle• of municipal planning in that, IUIOft9
other thinp, th• action of annexation would eliminate a portion of
the exiating enclave made by the KLZ tract plus the land occupi-S ~
Keat 8c:bool for Girl•1 (2) would extend the exiatilMJ boand•ri•• of
tbe City of Sn9l.-.od along a uniform line of BEf(clen A•-er JM
-..Plied with aunicipal service• by BnglewoocS.•
comicll'Ptlf mull llOVBD, OOUllCIUCAN MILBS SBCOllDJID, 'IS'l' ta .. . ' ..
0. ml n.amDIG 0Cllll88I08 BB ACCBPTBD AND THAT APPROVAL OJI tllll A•alft1
1 ••1 1 : m op IAllD Lnao m &BC'l'ION 3s, TOWllSBIP 1 SOft&, ma • 11911, com", DllSCRIBBD AS FOLLOWS: BBGINIJING AT A POlft W IL& .....
llOCS 50, WAllSTOll BROADNAY ADDITION BX'l'BllDBD SOUl'lll.T Ilfl_ ...
WG&Lm OJI SllC'fI<m B,, TOWllJSBIP 4 SOU'l'H, RANGE 68 WB8'1', MID flOUA LI 11
U.mXDatt• CaTBR LID OF BAST BAMPDDt AVBIU•1 IWIIIB ~ ' 't • t . W•• .. ..., LID OP SAID BLOCK so TO THB NORTH LID OJI um •.oc:s 50, it PIKH tO '1118 Dft LDB OP SOU'l'll LAPAYB'l"l'B STRBB'l', TBWC• .~¥;DWI ,
aft Lm OJI 80U'i'll LAPAYB'l"l'B S'l'RBB'l' TO 'l'BB CBR'l'BR LDm 01' 8ft JIOiD
~•ace, N Cl DftllltLY ALORG SAID CBH'l'BR LINB OP BAST 1'LOl'D AVMU "° ..
aft LID 01' BS -88C'l'I08 35, 'l'OWRSBIP 4 SOUTH, RAllGB 18 WSft, i'WCJI wwwr••LT AM*Q MD> LID TO TBB NOR'DIBAS'l' CORllBR OP ... -Of S&"l'IOll 35 .•
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Minutea of ..-., 7. 1
4 WWW&, ums 68 1fS8T, 'l'llBllCB BASTBRLY ALOllG tBm iiC)ICW 1.tiLI ...
W'flOll J5, 'fOlm8llU 4 IOUiii, RAllGS 68 1fB8'1', '1'0 ._. . .
... 88mlO• 35, 'f01lli8illP 4 800'1'8, LUU II nft, I ' • Will•
..., g,zw OW tll8 ...,. 8mli 88C."l'IOR 35, 'l'OlllllBU 4 I
• A IOIB 1 -MD LID Iftm8C."1'8 'l'llS mR'l'll Ucmf-OI'-'
(•ft WJa I •f Ala 38) , MID IOift a&DG APPROXD'.AnLY 90 t•I . °' ma .... 88'1 811CTIOR 35, 'l'OlllllBD 4 •6•1 .
M ta ---.T ALmG MID .OR'l'll Riml'l'-OP-11AY LID t'O A'll ..
--LID or tllB ..... 8BCTIO• 35,
••••. 'IJD IOlft •nm AP•JMDIJ'.ATSLY 90 PDT BOMB or
•ID ..,..., .wg C. ICUIA•WUTDLY ALO&G SAID RIGll'l'-Ofl--M I • •II
••11• ••••• cm .. UC "' A CURVB TO 'l'llS LOT, ms RADIVI • ml·
793 1 , laa A Dl91A11m or 301.4 PDT, 'l'llBllCS WBSTBRLY AL09G ... mMil M J l e•)ao
LIB fa .......... AVDUS PARALLSL TO Al1D 30 l'Bft WOilB GI' r.m or wnm 35' 'l'Olm8BIP 4 SOUTH, RUGB 68 WSST' '1'0 A POJlll 11 A u.• •-a.-W&T LID or MST llMIPDa AVBllUB IftBRSBC'ftl ....... Lim
90-l& r.amma:• ..,....,, mmca SOU'l'llBRLY TO A PODl'l' we-.. '19 ••WW -
WU& LU!Wl&I•..,...., IllHU8CT8 TBS SOUTH LID OP sacncm .•• . • . "' 4
WU&, mg II nft, ftl''CS WSSTBRLY ALORG SAID SOU'1'11-l.m a. ~an . '° .. IOD'f cw WIBlm, CDl'fAIRIRG APPROXIMATBLY 57.202 &m•,· oa11••• ••••
U Bl D.S 81'1'8 a APlrlOVID POR RMSORS OUTLillBD TBDBIR. Upoa the oall oe Ge
roll, the "t• reaulted a• followaa
llyeaa councilmen Slmkler, Milea, Love, Brown.well, Braun, ~llaa • ._... . ...
Ala•eDt:& Ooancilman Wooda.
fte •JS deo1-ed th• motion carried.
621-IJ 12 270i99 approval of C-3 zone Cla••ification
.._ Ciq Clerk r9P0rted that on the 3rd day of May, 1962, bi• olfi•
rwi..S t1-r~tiona of the Planning and zoning CQ . l .. 1on on -ra t.
of~ u ordinance to amend zoning Ordinance (Ordinanoe •· 45,
of 1155, i•~J..y paaaed on the 7th day of November 1955, aa •••.t> to •' W'l ·t
C-J 80Ding.
It .Ut thereapon llOVed by councilman Brown.well ·that the .Aid i:w 1umacw•
of the •lminf and Zoning Collllli••ion be apr-d upon the ainateta of tllia .'l .. tn9
and i.a•e a part hereof. Councilman Love seconded aaid~tion amt a . wte ~of the
110tion wa8 a.ken with the following results:
fta•• Votin9 Ayea Mil••
Love
Brownewell
araun
llcLellan
'tho•• Voting 9aya llllakler
Ab•ent1 1'ood•
tbe lla,or clealared the motion paaaed and ordered that Aid reel 1nl•l ia•
1-e ••c•_. on tbe ainutea of th• meeting.
-._ j , • I 1111
GDWi1-n araun introduced th• following ordinance a• a ltill. 1*icdl _.
~-••• rellll in full, and i• •• followaa
lnt.l'OClaoeO u a aill by councilman Braun
BY AUTBORI'l'Y
Ordinance Ro. , Serie• of 1962
. ' ' t. , ..., MWDlllG ORDillAIJCB RO. 45, SBRIBS OP 1955, M •JJ .-••• or .. CDT or mJLDIOOD' COLORADO' ICll01lll AS .... • •• • ',.
ca .. -•• cw •nrroao,• n UTABLISBilfG TBSRBI&, um>• Ami~ IV
141 S Am -... DlftUC'l', DOWll AS C-3 (BUSDIBSS Dlaft%Gt), · • -~
111m111zm am nm COll'fM>L OP COlfSTRUCTION AllD OPmftm or .. , .. ~-
..... u.y lm01fll AS SHOPPING CBllTBRS.
1 _ aal, par811&Dt to ordinance, the City P larinin9 and ZonincJ CO ::re-··
of tbe Ci~ of .... 1.wood, COlorado, ha• duly held , public heaz'in! on cert.a ......
po ... ••••u to Ordinance Ro. 45, Serie• of 1955. a• mvMlei, of the ._
of .t:M City of 8n9l.-wood. Colorado, known a• ·th• •••I .. Ordtn.._
dae Cltw of ... lwaa&t,• and ha• made recommendation of the .._~ion of-·~
li•oe a1lving •id wndment•r and
r
1 -.1, tM City council ha• complied with the rule• pc••iW: -
charter and ordinance• in taking the preliminary action in _ _.inq Mid Gl'lllll.-C-
llo •. 45, Seri .. of 1955, aa amended: and
•a.aia 1Dlation ordered •pread on the minute• followaa
•1n u macb u no adllitional information baa been received froa the
fir•t ti.118 tbe •lannin9 Comni••ion con•i~ered th• c-3 cla••ification
at it8 public bearing on February 9, 1961 and no chan9 ...... ••en •ade
in the a\!Mtance of the ordinance aa it waa adopted previou•ly. that
tbe •lannin9 ca i••ion recommend to City Council the acloDtion of the
C-J ZOne clu•ification.•
Minute• of May 7, 1962
wa•RSAS, the public neceaaity, convenience, general welfare and good zon-
ing practice• juatify the proposed amendment• to the zoning Ordinance a• here-
inafter ••t forth•
_,., 'ftlBRDOU, BS IT ORDAINED BY THE CITY COUNCIL OP 'l'BB Cift OP BmLBllOOD,
OOLOltAD01
Section 1. Ordinance No. 45, Series of 1955, as amended, of the ordi-
nance• of the City of Sngl9WOC>d, Colorado, known as the •zoning Or4inancea
of the City of Bngl9WOC>d," ia hereby amended by adding thereto, under Article
IV thereof, a third and new &one diatrict, known aa C-3 (Bu•in••• Diatrict),
deaigned for the deacription and the control of conatruction and operation of
ca arcial complex•• generally known as shopping center•, which ahall read aa
followa1
Section llA--'l'h• following regulations shall apply in the C-3 Buaineas
Diatrict1
I. DBSCRIPTION OP C-3 BUSINESS DISTRICT.
Thia district provides for the following types of
coanercial establishments:
A. NBIGHBORHOOD SHOPPING CENTER.
••
c.
Neighborhood Shopping Center means a shopping center
for •convenience goods," the principal eatabliahment
of which is usually a super-market type food store
and/or a super drug store. Limited peraonal and pro-
feaaional services may be provided. It may range
from 3 to 20 acres in size.
COMM11NITY SHOPPING CENTER •
Community Shopping Center provides, in addition to
•convenience goods," a wider range of facilities for
the sale of "durable and fashion goods,• auch as
apparel, furniture and appliances. In addition, there
may be gersonal and professional aervicea. It is
generally oriented around a junior department store
or variety atore on a site 20 to SO acre• in size.
· 'a.GIOHAL SHOPPING CENTER.
Regional Shopping Center provide• a variety and
depth of "convenience, durable and faahion goods,"
comparable to a central buaineas district, including
general merchandise, apparel and home furniahinga.
Bxtenaive personal and professional services are
generally provided. It may contain SO or more atorea
oriented around one or more major department store•
on a site of SO or more acres.
Whenever the worda Center or Shopping Center are used herein, they ahall
be und .. atood to have the same meaning.
Whenever th• Word Diatrict is used herein, it shall be underatood to ..an
a C-3 Buaineaa Diatrict.
Neighborhood, community and regional center• are uaually
located on major streets or highways, at or near the
intersection with one or more other major atreeta or ,
highways so that they are accessible from all directioU'•
Such centers are generally surrounded by reaidential
areas and are located at convenient driving diatancea
from the edges of the surrounding reaidential diatrict•
which they are designed to serve. They are cuatollarily
deaigned and constructed as a complex of connected
or related commercial buildings, planned and developed
aa a unit.
II. SB9BMBNT OF POLICY
The regulations in this Section 11 A are intended to
permit development of the enumerated function• limited
by atandarda designed to protect the abutting or
aurrounding residential districts. To theae ends,
the regulations establish standard• comparable to
tho•• for low density residential diatricts, reault-
in9 in similar building bulk and retaining aa low a
concentration of vehicular traffic aa ia compatible
with the functioning of the diatrict. It i• important
that the areas selected for thia diatrict actually
be developed as permitted otherwiae, the aurrounding
reaidential areas will lack the retail services needed
for stable communities. The privilege of providing
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Minute• of May 7, 1962
theae aervices is matched by the reaponaibility and
duty to so provide. Consequently, the ri9ht to
develop this district may be lost if actual conatruc-
tion does not begin within three (3) yeara, provided
that delays beyond the control of the developer,
auch as by way of illustrat~on but not limitation,
action at law, strikes, civil commotion, national
.. ergency, fire, flood, windstorm, war, acts of
God, act• of Government, shall not be included within
the three (3) year time period. It being the policy
of the Council to review the district claasification
of any C-3 area ao designated by Council but not
actually ao utilized.
III. RBQUIRBMBRTS AT THE TIME OF APPLICATION.
With an application requesting zoning or re-zoning,
the following information will be requireds
A. MARXBT ANALYSIS:
Regional and Conununity shopping center developer•--
• market analysis acceptable to the City Council
which is conducted and signed by a recognized,in-
dependent market analyst.
Neighborhood center developer--an acceptable
analy•i• which can be prepared by the applicant.
B. PillAHCIAL RBPORT.
A atatement of financial responsibility including the
poating of adequate bonds to assure the installation
of improvements required by the City aa a condition
to development in the C-3 District.
C. TRAPPIC STUDY.
Regional and Conanunity shopping center developera--
A atudy indicating the present traffic capacity and
volume for streets .in the immediate vicinity of the
propoaed C-3 District, the estimated inc•eaae in
traffic due to the existence of propoaed Shopping
Centers, ingress and egress patterns and an es-
timate of probable street and signalization improve-
ment• needed.
Neighborhood center developer--an acceptable study
which can be prepared by the applicant.
IV. PBRMIT'l'BD USBS.
A. USBS BY RIGHT
Any uae permitted in the C-1 Business District except
the following:
(1) Ambulance service
(2) Animal Hoapital•
(3) Auto Sales or repair (but not prohibiting
inatallation of acceaaoriea.)
(4) Crating aervice
~
(5) Blectric Contractor Shop
(6) Plumbing Shop
(7) Printing, publishing and allied induatrie•
(8) Sign painting shops
(9) Peed and Seed stores
(10) Garage for conmercial and .public utility
vehicle•
(11) Ga• regulator station•
(12) Boapitala and convalescent homes
(13) Hotel•
Minute• of May 7, 1962
A. MAXIMtM HBIGHT.
In all shopping centers having a total land area of
more than 20 acres the maximum allowable height for
buildings •hall be 45 feet.
In all shopping center• having a total land area of
leas than 20 acres the maximum allowable height for
buildings •hall be 35 feet.
The above heights are to be mea•ured from the average
curb level at the street lines, or from the average
natural grade level if no street grades have been
established.
In measuring the height of a building the following
shall be excluded: chimney•: cooling towers:
ornamental cupolas, domes, or spires: elevator bulk
heads: machinery and equipment penthou•e•: water
tower•: but the total area devoted to the above ex-
cluded items shall not exceed l°" of the ground
area of the structure upon which they are located:
radio or TV antennae and parapet walls not exceeding
five (5) feet in height shall also be excluded.
B. BUILDING SET-BACKS.
In Shopping Centers having a total land area of more
than 20 acres, the minimum building seti .;back shall be
100 feet.
In Shopping Centers having a total land area of less
than 20 acres, the minimum building set back shall
be SO feet.
C. BULK OF BUILDINGS.
The ground coverage of all buildings, measured between
exterior wall faces at grade level, shall not exceed
3°" of the total square foot area of the Shopping
Center on which they are located.
D. SIGNS.
(1) When attached to ~uildings, only flat wall siqns
or signs on the face of a marquee wall will be
permitted. All such signs must relate only to
business conducted on the premises. No signs
•hall extend above or beyond the building walls
nor project more than one (1) foot from the front
of the structure.
(2) In addition to the above signs, each shopping
center shall be permitted one (1) free-standing
sign not over twenty-five (25) feet in height.
(3) No advertising sign shall utilize any expoased
artificial light globe or tubing or contain or
utilize moving mechanical characteristics, or
lighting features which flash, move, occult or
vary in intensity.
VII. CONDITIONS TO BE MET.
A. STATFMENT OF POLICY'
After the zoning or rezoning amendment has been
approved and at any time prior to applying for an
initial building permit, the owner or the developer
shall submit a Site Plan. The SITE PI.AR shall be
reviewed and approved by the Planning Colllllission
for conformance to the provisions of this section
and the approved Site Plan shall control actual
construction by serving as a basis for all building
permits.
Any disapproval by the Planning Conanission shall
specify the matters and things in which correetion
of the Site Plan must be made to supply such compliance.
Approval or disapproval of original or corrected Site
Plan shall be within 60 days after submission.
Minu :ea of May 7, 1962
B. SPECIFIC SITE PLAN REQUIREMENTS.
The Site Plan shall be submitted in detailed form
but it need not be exact and final in all details.
It muat show the following proposed features with
appropriate dim~nsions:
(1) Location and arrangement of automobile parking
apace, width of aisles, width of baya and
angle of parking.
(2) Location and arrangement of truck loading and
unloading spaces and docks.
(3) Location of vehicular entrances, exits and drive•
and curb cuts.
(4) Location of pedeatrian entrancea, exits, walks,
malls and open areas for use by tenants or
customers.
(5) General sanitary and storm drainage ayatema.
(6) Location and materials of wall• and fences.
(7) Ground cover, topography, slopes, bank• and
ditches.
(8) The location,size, height and orientation of
all signs other than signs.flat on building
facades. :
(9) The location and general exterior dimensions of
main and accessory buildings.
(10) Proposed finish grade of the district.
(11) Location of all outside facilitiea for waste
disposal.
(12) Types of surfacing to be used at various locations
in open areas.
(13) Land area within the district and Shopping Center:
land area of all abutting property: public and
private rights-of--way and eaaementa bounding and/or
interaecting the district: and location of fire
hydrants.
C. GDIBRAL SITE PLAN RBQUIREMBNTS.
Actual conatruction in accordance with the Site Plan
approved by the Commission must begin within thr ..
(l) year• from the date of the permit eatabliahing
•uch aite except as extended by provisions of
8ub•ection II above and be completed within three (3)
year• of the date construction is commenced except aa
to d•'~Y• cauaed by event• beyond *he control of the
d ' .. ~ ,,er, aa defined in Subsection II above. No
~ ·itlal building permit shall be issued for the
erection of any building in any Shopping Center unleaa
•uch building permit covers the construction of a
building or building• deacribed in such permit, the
9roaa floor areas of which equals or exceed• l°" of
the gro•• land area of the center. Such permit
•hall alao include the complete drainage system and
fencing and landscaping required therein.
In ~· event that any of the above provisions are not
.. t, and unless the time limit has been extended, bhe
Planning Conniaaion may recommend to Council a more
appropriate zoning classification.
The COnnission shall have the power to make and
adopt auch rules and regulations as are necessary
and proper to effectuate the purposes of this
section and to recommend such fees as are required
to cover the cost of advertising, inspection and
review of each project, not inconsistent with the
requirement• of this ordinance as to this use district
in the surrounding areas.
D. MIHOR SITB AND/OR BUILDING CBAllGBS.
I
I
I
I
Minutes of May 7, 1962
The approved Site Plan shall limit and control the
iasuance of all building permits and shall restrict
the construction, locations, use and operation of
all land and structures to all conditions set forth
in the plans: provided, however, that upon application
to the Building Inspector, minor changes in the loca-
tion of structures, and other details, may be permitted.
No change shall be authorized which conflicts with the
originally approved Site Plan or the provisions of
this section.
B. MAJOR SITE AND/OR BUILDING PLAN CHANGES.
Major Site and/or building plan changes and additions
shall be subject to the same procedure of review and
approval of the Planning Commission as the original Site
Plan.
F. CERTIFICATES OF USE AND OCCUPANCY.
All improvements erected, constructed, or altered in
any C-3 District shall be fully subject to the re-
quirements of this ordinance and other ordinances of
the City of Englewood relative to certificate• of
use and occupancy.
G. STORM DRAINAGE SYSTEM.
Adequate provision shall be made for drainage from
the premises to carry all water from above and naturally
passing across the premises, together with the water
from the premises (taking into consideration the
acceleration of flow caused by virtue of proposed
improvements thereon and any other impervious areas,
auch as blacktopping or paving) which shall carry such
drainage beyond the premises in a manner calculated
not to cause any damage to properties at a lower
level from such drainage, based on the calculated
peak flow of the drainage area on a 10-year average
rain-fall basis: the standarda and specifications
for which shall be approved by the City Engineer
prior to the isauance of the initial building permit
for any auch area or district. The initial building
permit shall require full completion of the construc-
tion of the drainage system and approval thereof by
the City Engineer prior to the initiation of any
construction tending to increase, on the district area,
the imperviousness of the land and the acceleration
of the flow of water therefrom--such as buildings,
paving, etc. except that general site preparation,
including:
(1) Installation of underground utilities:
(2) Emplacement of construction barricades, sheds,
and other customary temporary construction
facilities:
(3) Grading, leveling, excavation and construc-
tion of retaining walls:
may proceed on the premises prior to the full construc-
tion of the drainage system and final approval thereof: _ ;
providng further that such general site ~-preparation f-...
shall not divert or accelerate the natural flow of
water across the premises and its return into the
natural drainage channel from said premises. Such
drainage system shall be constructed (1) by the appli~
cant at his expense, or (2) by the City of Englewood
at the expense of the applicant upon mutual agree-
ment. In the event the construction is performed by
the City of Englewood, the owners or developers will
deposit with the Treasurer of the City of Englewood
prior to the beginning of said work a sum equal to
the estimated construction cost.
B. DIVIDED DISTRICT.
In order to prevent the zoning of several corners of
an intersection for shopping center use the follow-
ing provision shall apply:
For the purpose of calculating the minimum area,
building setbacks and screening strips established by
Minutea of -~ 7, 1912
a. lmJCK LOU>DIG Alm MAllBUVBRIRG FACILITIBS.
-a
All truck loading and unloading faciliti .. shall bl
deaigned 80 a• to avoid, to the greatemt. at:ent
poaaible, conflict with private autollObll• ,.arJcing
and maneuvering. All on-a&te truck lotilin9, anloml-
ing, and maneuvering faciliti•• •hall 1pe ...... t:ely
deaiped 80 •• to direct and require tractk 110Y•ant
to be to and from the neareat -jor '•~••·
c. acamxm STRIPS.
All •bopping center• ahall be aurroa1 Ill wit:h a
acreening •trip. Th• purpo•• of aactb --••i•
i• to protect abutting reaidential prop•tr 1'y
enhancing th• appearance of the perra:f _ .. ,
center•, and to prevent litter f_ro11 1» -into ><...
atreet•, and nearby area•. Screening -
conaiat of landacapin9 and atructuea · •
fence•, and wall•, (aubject to variatiGlia ia
typem of planting or arrangwnt tiler-'• f'llMt
approved by the Planning Ccrriaaion in ·t.lie •it.
Plan).
'l'b• following •tandard• •hall controls
(l)a. 'l'llIRft (30) FOOT PLU'l'DtG STRIP1
-n.re 8hall be planted at leaat four (4) &'OWll of
n•rcJr•en• no more than one (1) row of 1'biob aball
1-of ahrub type. In each of th• r..UZ..S fOar
(4) row• Ul• •pacing of tr•••· and abruba aball not
.i. 110re than fifteen (15) feet apart, •••Mired from
the trunk•. Th• tr••• ahall be planted in a
ata99ered faahion and ahall be not 1••• tban fOur
(4) f .. t in height at time of plantin9.
b. 'l'Wm'l'Y (20) FOOT PLABTillG STRIP1 c
Tiler• ahall be planted in th• -faahion aa
outlined in paragraph (1) a above, tbr .. (3)
rowa of evergreen tree• of th• miniaaa beif)ht
therein apecified.
c. 'fllll (10) POOT PLARTDtG STRIP:
!'here ahall be two ( 2) row• d evergrem tree.
or ahrub• planted no more than fifteen (15) feet
apart and in ataggered fashion.
(2) In Shopping Center• having a total land , ar• of .ore
than twenty (20) acre•, any exterier 1'oa91ery line
which abut• reaidential property or i• ':•:•::--.. ~-
•-• by a reaidential atre•t ahall be 1 Div. wfrt:lt
a thirty (30) foot planting atrip pl1111 a cilai.'6-lilla
or clo•ed-face fence at leaat four (4) ,f~ llitll ~-.
back thirty (30) feet from the exterior_ lloaadarv ' -
line of the center.
(3) 'l'be one exception to all above requir1•1nta •1-1 ..
when there i• provided a clo•ed-face f•az..• n::it.-..r
wall at leaat ten (10) feet high a.ncl ... tall lM lflb
(20) feet from the property line. In thia ••••
area between the fence or wall and the ,...,.~ ~
muat be landacaped with a twenty (20) ~ pl•till9
•trip. At exterior boundari•• not incl .... ia t1ae
above inatance there·ahall be landacapell aar•IJlll;in9
of a ten (10) foot planting atirip plua a allld;Oi-lidk
or cloaed-face fence not l••• than foal" <•> feet
in height, and ••t back ten (10) f .. t frail~·..,_
terior boundary line of the ahoppin9 center."·
(4) In Shopping Center• having a total land ar• of
l••• than twenty (20) acrea, any extsior ~ ·
line which abut• re•idential property or 1• ..... -..
from aw by a reaidential atr .. t allall .. ,. .. w.e
with a landacaped twenty (20) foot plantS... stri4>
plu• a chain-link or cloaed-face fence at i..-1;. fcnar
(4) feet high aet back twenty (20) f .. t ft:Oll -tbe
exterior boundary line of the center. At ..terior
boundari•• not included in the ~ inet:aaoe, tl)ere
ahall be a landacaped ten (10) foot p~ atrljt
plua a chain-link or cloaed-face fenoe ~ lelill
than four (4) feet in height and ••t llaalt tla not
f .. t from the exterior boundary lille of ·tllie ...,.inll
Center.
Minute• of May 7, 1962
(5) No fence, wall, or other structure is required or
shall be erected, and no hedge,· shrub, tree, or other
growth shall be maintained in such location upon
(6)
any lot or property in a manner con•tituting a
pede•trian or vehicular traffic hazard becau•e of
obatruction to view or traffic movement.
All plantings and structures referred to in this
section shall at all times be maintained in good
repair and sithtly condition.
(7) All exits from Shopping Centers which enter a resi-
dential street and are not opposite any •treat shall
be pr~vided with opaque screening strip baffles.
Section 2. That if any aection, paragraph, clause or proviaion of this
ordinance •hall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, paragraph, cla•ae, or provi-
•ion •hall not affect any of the remaining provisions of thi• ordinance.
Section 3. That all ordinances, resolution, by-lawa, and regulation•
of the City, in conflict with this ordinance, are hereby repealed to the
extent only of auch inconaiatency. This repealer shall not be con•trued to
revive any ordinance, resolution, by-law, or regulation, or part thereof,
heretofore repealed.
DITRODUCBD AS A BILL, READ IN FULL, PASSED ON FIRST RBADING AND ORDBRBD
PUBLISHBD thi• 7th day of May, 1962.
(SBAL)
Atteats
I, 8. o. Beau•an~, City Clerk-Treasurer, City of Englewood, Arapahoe
County, Colorado, do hereby certify that the above is a true and correct copy
of a bill for an ordinance introduced, read in full, pasaed on first reading
and ordered publiahed in the Bngle"WOod Herald and Enterpriae at a regular meetin9
of the City Council held on the 7th day of May, 1962.
(SUL)
At teats
Publiahed in the Engle~
~~~~~~-' 1962.
and Enterprise. First publication...._~~~~
BOTICB IS BBRBBY GIVEN that at the regular meeting of the City Council, to
be held on Monday, the 4th day of June, 1962, at the hour of 8100 o'clock p.m.
in the Council Chamber• in the City Hall, 3345 South Bannock Street, Englewood,
Colorado, the City Council will hold a public hearing on the adoption of the
aforeaaid propoaed ordinance prior to its final paaaage, at which i.aring all
per80na intereated in or oppoaed to the proposed amendment hereby to the zon-
ing ordinance may appear and be heard. Copies of aaid propoaed ordinance are on
file at the office of the City Clerk at said City Hall and are available to any
peraon intere•ted.
(SBAL) Mayo~-~~
Atteats
It waa thereupon 11Dved by councilman Braun and seconded by councilman
Love that the foregoing ordinance entitled, "An Ordinance .. ending Ordinance
&o. 45, Serie• of 1955, aa amended, of the ordinance• of the City of Bngl.wood,
Colorado, known a• the •zoning Ordinance of the City of Englewood,' be eatabliah-
ing therein, under Article IV thereof, a third and new zone district, known aa
'I
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I
Minu~ea of llay 7. 1
C-3 (baaine•• clietrict), cleaigned for the deacription and the control Of w••
tion and operation of coamercial compl .. e• generally known •• ehoppilMJ oa:dlllr
and r...S in full at thi• meeting, •• aforesaid, be paaaed on firet r•eliai ....
be pal»li8hecl in full in the Bnglewood Herald and Bnterpriee, a news...-. &d•Sialled
and of 9•.-al circulation in the City of Bnglewood, being at leaat, 1$ • ._, .
to t:b9 4th day of Juae, 1962, that a public hearing on eaid ordi.,._:be 1*M
at the regQlar -tilav of th• City Council on Monday, the ·4th day of .i.ne.
at tbe boar of 8100 o• cloc1C p.m., at the Council Chamber• in the Citly 11111,
3345 loath Bannock Street, in aaid City, and that notice of .. icl heariJMJ
pa!»liabed in the Bn9l.wood Herald and Bnterpriae.
'
!'be qaeetion being upon the adoption of aaid motion, the roli 1'aa.ea11-
with the followin9 reault:
!'ho .. Vbting Ayes Smukler
Mile a
Love
Brownewell
Braun
McLellan
nao .. Votinv ••y I Rone
Abaents Wood•
Sia ••lltber• of the City Council having voted in favor of aaid ~ion, the
preei4ing officer thereupon declared •aid motion carried and .. id occltna8ae
paa..S, and ••id ordinance ordered published a• aforeaaid.
'lbereapon, C:Ouncil.aan Love introduced the following reeolution, ~ab wa
read in full and i• •• followas • ,
,B B _!1 .:Q L U T .! Q J!
•DJIAS, a bill for an ordinance (being an ordinance to •end Ordilianill
llo. 45, Seri•• of 1955, aa amended, being the Zoning Ordinance)ba• i..a ildro-
duced, r..S in full, paaaed on fir•t reading, and ordered pabli•hed on thi•
7th day of llay, 19621 and
WB-mA8, a pal»lic hearing on the adoption of aaid ordinance ha• l:Nlen 8et
for llonday. the 4th day of June, 1962 •
.. , 'l'BD8POaB, BB IT RBSOLVBD BY THB CITY COURCIL OP 'BIB Clft O•
Section l. '!hat the City Clerk is hereby authorised to pQbli•h notice of
.. id bearin9 once in the Bnglewood Herald and Bnterpriae, a newm ... er publi•bed
and of 4J91leral circulation in the City of Englewood, aaid publicat6en to i..
at l ... t 15 day• prior to aaid hearing.
Section 2. 'l'bat aaid notice shall be in aubatantially the following fona
<•orm of Notice)
lfO'l'ICB OP PUBLIC BMRDIG
PUaLIC JIDll'ICS ia hereby given that on the 7th day of May, 1962, th• City
COllncil of the City of BncJlewood, Colorado, introduced •• a bill, r..S in fall
and paeeed on fir•t reading, an ordinance to amend Ordinance llo. 45, leri• of
1955 (the City'• zoning Ordinance), to provide therein for an additional 419trict
to be de•iCJD&ted •• C-3 (Buain••• Diatrict) for the develop19nt of large area.
within .. 1c1 City for baain••• purposes, which aaid amendment will incl~ M _...
at.ance the followiftCJ•
Deeaription of diatrict, •• compoaed of large land area and etructur• ....
prillilrily to pro.ide the retailing of commodtae.claaaed by W'chant• u ._...._
1--fJOOI•, • ·wb aa ~cer i•• and drug•," durable fJOOI•, • each u h0\ul4daold
...,11aaae9 and baaa furniahinga, "faahion good•," auch •• clotbi.JMJ -.S a.w
,tGllOltilM, and th• furniahing of certain per80nal •KVicee, •ab u cutt:
of bair an4 repairing of ahoea, and of other major peraonal Mni~~ ,~
1-nk• an4 tbeatere, aatiafying all houaehold and pereonal n• .. • of th•.r..ulent•
of 1-.. aurrounding reaidential conmuni ti••. auch diatrict C)9W'ally' ·1-Jllllf
looa ... • a -jor arterial atrMt or highway at or near the int.-aectioa ,
one or1
_ _.. ot:bs ·-jor arterial highway• 80 •• to be acoMulle fr-all
tiona1 1abaracteri•tically being large: generally aurroun4ecl by reeidential ..... ,
mid looatet at a aonvenient driving die~ance.; from the -'99• of the earroa'9i1~
idential diatrict• it ia de•igned to ••rv•, and cuata11arily c!eai9ft*I ..... ·
atracted •• a complex of connected or related cwrcial lNildinp, pleueil,
cleveloped, controlled or owned aa a unit, divided (if at all) only by a p6tic
•tr•t or ritht-of-way.
Such propoeed .. endment will include generally, amobg other thinqa P411'Aitted
UMa, aocea~ry UH•, permitted •tructurea, land coverage, 11•• of oSJ• ~.
oonditiou r-aaired to be performed and met, proviaiona •• to P•~ areae, .,ar1t-
i1MJ. prowiaiona •• to encluaure of uaea, requlation of aoun4 generated, r..-lation
,.
~lation or -i••ion of heat, 91111&(£££
aatllsa .-... ... and wa•t• di•po•al, r~
1a2..l ~· •tandarda and repl•ti-.-t
Wl.-ion of aM• •• pertinent to ..a .....
~. u bseinal:love generally •et forta r C 1 I
(atd of Porm of llotice)
~-... &&, ..,....., A11D MPROWD .'1'1118 . 7t1l _,...,..
adoption of 11111.;•
I ...... .....
Giie • City coancil having voted in
._lared Hid motion carried
• lll'eill .. 14 notice to be publi•W
~· tbat on the 3rd day of .....
.. lil,ioM o ·f the Plannin9 and -=s. •oe to ••nd lonin9 Ordinancet~Mll Ml't .. • i:M 7th clay of llcw•llber 1955,
'l'ho•• Voting Ayes Sllukler
Mile a
Love
Brownewell
Braun
McLellan
'fhoae Yoting Ray: None
Abaent1 Woods
Minute• of May 7, 196R
The Mayor declared the motion passed and ordered that said recommendation•
be apread on the minutes of the meeting.
Reccrnendation ordered spread on the minutes follows:
•1n a• much aa th• T-Zone classification was approved by the
Planning Colmlliaaion on April 20, 1961, and subsequently paaaed in the
form of an amendment to the Zoning Ordinance by the City council and
in as much a• no changes have been made in the substance of the ordi-
nance: that the Planning Commission recommend to the City Council the
adoption of the T-Zone classification."
councilman Love introduced the following ordinance as a bill, which waa
thereupon read in full, and is as follows:
Introduced aa a Bill by Councilman r.ove
BY AUTHORITY
Ordinance No. ·---Serie• of 196 2
Aal ORDIRANCB AMENDING ARTICLE IV OF ORDINANCE NO. 45, SBRIBS OP 1955,
AS AMDIDBD, OP THB ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO, JQlOW1C AS
TBB • ZONIIJG ORDIRAllCE OF 'l'BE CITY OF ENGLEWOOD," BY PROVIDIIJG POR AN ADDI-
TIOllAL DISTRICT TO BE DESIGNATED AS "T" (TRANSITIONAL DIS'l'RICT), AND DBCLARI!m
All BMBRGBllC'r.
WB•RBAS, pursuant to ordinance, the City Planning and zoning Colmniasion
of th• City of Bn9lewood, Colorado, has duly held public hearin9 on a ~ertain
propo•..S -ndment t~nance No. 45, Series of 1955, as amend..S, of the
ordinance• of th• Cit~ glewood, Colorado, known as the •zoning Ordinance
of th• City of Bn9le ," and has made reconunendation of the adoption of an
ordinance 9111bodying said amendment: and,
WllBRBAS, the City Council has complied with the rules prescribed by its
charter and ordinance• in taking the preliminary action in amending said
Ordinance No. 45, Series of 1955, as amended: and
WRBRBAS, the public necessity, convenience, general welfare and good
aoning practices juatify the proposed amendment to the zoning ordinance, aa
hereinafter aet forth:
ROW TllBRBPORB, BE IT ORDAINED BY THE CITY COUNCIL OF TSE CITY OF JDJGLBWOOD,
COLORAD01
Section 1. Article IV of Ordinance No. 45, Series of 1955, as amended, of
the ordinance• of the City of Englewood, Colorado, known as the "Zoning Ordinance
of th• City of Englewood," is hereby amended by adding thereto a new Section 17,
providing for an additional district to be designated as "T" (Transitional
Diatrict), which shall read as follows:
•s.ction 17.--The following regulations shall apply in the "T" (Transitional
District):
"I DESCRIPTION OF THE "T" (TRANSITIONAL DISTRICT):
The Tranaitional District is designed to achieve stability
of land uae and land value through minimizing the adverse
effect• of adjoining incompatible uses. It should be
applied only in sufficient size to properly perform the
above objective--this is normally construed to mean at least
one-half block in depth and one full block in length.
"II. USBS
No building, structure, or land shall be used and no building
or structure shall be erected, structurally altered, enlarged
or maintained, unless otherwise provided for in this ordinance,
except for one or more of the following uses:
A. PBRMITTED PRINCIPAL USES
(1) Any uae permitted in R-1 and R-2 zone Districts.
Minute• of May 7, 1962
(2) Admini•trative and professional offices, provided that
neither merchandise is handled for sale nor merchandi•ing
••rvice• are rendered on the premises, except such as are
incidental or accessory to the principal use.
(3) Rur•ing or re•t homes (minimum lot area of 12,500 square
feet: 100-foot frontage: 10-foot minimum side yards each
aide).
(4) Permanent exclusive facility for a social club or
fraternal organization (Minimum lot area of 12,500 •quare
feet: 100-foot frontage: 15-foot minimum side ya.ad• each
•ide).
(5) Parks and playgrounds and employees' recreational area.
(6) Religious and educational institutions (minimum lot
area of 12,500 square feet and 100-foot frontage).
(7) Medical and dental and/or optical laboratorie•.
(8) Off-•treet p&Zking lots, provided that parking lot and
re•idential u•e not be allowd on the •&me •ite and that
the •urface be of dust-free material.
(9) Hur•ery •chool•.
(10) Boarding or rooming houses.
8. ACCBSSORY USBS
(1) Any u•• which ia incidental to a use by right.
•111. RBGUIATlORS
With the exception of existing buildings, the following regula-
tion• •hall apply:
A.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
•a.
LARD MD BUILDIRGS
MlRIMtM PRORT YARD SETBACK SHALL BE 25 feet from the
front lot line to the principal building and shall not
be u•ed for parking and shall be landscaped.
MlHIMtM REAR YARD •hall be 25 feet.
MINIMUM SIDB YARD .SETBACK from the lot line to a principal
building •hall be 5 feet (total 14 feet for both aides),
unless otherwise provided herein.
Unless otherwise provided herein, MIRIMUM PR011TAGB OP LOT
•hall be SO feet.
Unl••• otherwise provided herein, MlRIMUM Uta -99>~ :./ ·'
shall be 6,000 square feet.
MAXIMUM PBRCDITAGE OF LOT COVERAGE SHALL be 35".
MAXIMUM BBlGBT OF BUILDINGS shall not exceed one (1)
story, or 14 feet.
MlRIMtM FLOOR AREA--per dwelling 850 square feet1--per
dwelling unit 750 square feet.
SCRBDf lHG
All non-re•idential uses, when abutting an exi•ting re•idence or
a residential district, shall provide and maintain along •uch
abbutting property lines the following minimal acr .. ning froa
a point 25 feet back from the front property line to the rear
lot lines
(1) An opaque buffer strip of trees and shrub• in a healthy
growing condition, not leas than S t .. t in height, or
(2) An opaque fence of decorative type not l••• than S feet
in height, or
(3) A solid masonry wall not leas than S feet in height.
Walla, screening or fencing within 15 feet of any street
intersection boundary shall not exceed 3 feet 6 inch•• in
height.
Minute• of llay 7, 1962
C. SIGBS
(1) All •ign• mu•t relate only to business conducted on the
pr-i•••· No signs shall extend above or beyond the building
wall• nor project more than one (1) foot from the front
of the •tructure.
(2) Bo advertisinq sign shall utilize any expo•ed artificial
light globe or tubing or contain or utilize moving
.. chanical characteristics, or lighting feature• which
fla•h, move, occult or vary in intensity.
(3) All •ign• shall be limited to no more than 6 •quare feet
in •ize.•
Section 2. Th• City of Englewood hereby finds and declare• that the
i ediate enactllent of thi• o~dinanca. is necessary to accompli•h the purpo .. •
of th• ZOftiDCJ Ordinance of the City of Englewood for the pr•••rvation of public
property, health, peace and safety: that an emergency exist•, and that thi•
ordinance •hall become effective immediately upon pa•••9•·
Section 3. '!'hat if any section, paragraph, clau•• or provi•ion of thi•
ordinance •hall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, paragraph, clau•• or provi•ion
•hall not affect any of the remaining provisions of this ordinance.
Section 4. That al~ ordinances, resolutions, by-law•, and regulation•
of the City in conflict with this ordinance, are hereby repealed to the extent
only of such incon•i•tency. This repealer shall not be construed to revive
any ordinance, re80lution, by-law, or regulation, or part thereof, heretofore
repealed.
IllTRODUCBD AS A BILL, READ IN FULL, PASSED ON FIRST RBADDJG MD ORDBRBD
PUBLISHBD this 7th day of May, 1962.
f~~~
(&ML)
~ ~-., llayo~.e.::
Attests
I, B. o. Beauaan~City Clerk-Treasurer, City of Englewood, Arapahoe
county, COlorado, do hereby certify that the above is a true and correct copy
of a bill for an ordinance introduced, read in full, pa••ed on fir•t reading
and ordered publi•hed in the Englewood Harald and Bnterpri•• at a regular
... ting of the City Council held on the 7th day of May, 1962.
(SML)
Publi•hed in the BncHtNOOCS
llay 10, 1962.
Herald and Enterprise. First publication
80l'ICB IS llBRBBY GIVBN that at the regular meeting of the City Council,
to be held on Monday, the 4th day of June, 1962, at the hour of 8:00 o'clock
p.a. in the Council Chambers in the City Hall, 3345 South Bannock Str-t,
DMJl9'1fOOC!, Colorado, th• City Council will hold a public hearing on the adoption
of th• afore•aid propo•ed ordinance prior to it• final pa••age, at which hear-
iD9 all persona int•r••ted in or opposed to the proposed -ndment hereby to
tbe soning ordinance may appear and be heard. Copie• of •aid propo•ed
ordinance are on file at the office of the City Clerk at •aid City .. 11 and
are available to any person interested.
(SML)
Atte•ts
Minute• of May 7, 1962
IT WAS TBBRBUPON MOUED BY COUNCIUQN LOVE AND SBCORDBD BY COUNCIUCAR
BRAUll 'l'BAT THB PORBOOING ORDINANCE ENTITLED, "AN ORDINANCE AMDDIBG ARTICLE
IV OP ORDIHAJICB llO. 45, SERIES OF 1955, AS AMENDED, OP '1'BB ORDDIANCB OP 'l'BB
Cift OP BIJGLBMOOD, COLORADO, KNOWN AS TBB 'ZONING ORDINANCE OP TBB CITY OP
aGLBWOOD,' BY PROVIDING FOR AN ADDITIONAL DISTRICT TO B.B DBSIGNATBD AS 'T'
(TRAllSITIORAL DISTRICT), AND DECLARING AN EMBRGBRCY'," AlfD RBAD DI PULL AT
TRIS MBBTDIG, AS APORBSAID, BB PASSED ON FIRST READING ARD BB PUBLISHED IN
FULL IR '1'BB BRGLDfOOD HERALD AND BNTBRPRISB, A NBWSPAPBR PUBLISHED AND OP
GBllBRAL CIRCUIATION IN THE CITY OP ENGLEWOOD, BEING AT LBAST 15 DAYS PRIOR
TO TBB 4TR ~y OP JU11B, 1962, THAT A PUBLIC BBARIRG OR SAID ORDIRARCB BB
RBLD AT TllB RBGUIAR MBBTING OP THE CI'l'r COURCIL ON MONDAY, '1'BB 4th DAY OP
JUD, 1962, AT TRB BOUR OF 8:00 O'CLOCK P.M., AT 'nlB COURCIL CBMBBRS IN
'lBB CITY RALL, 3345 SOUTH BANROCK STREET, IN SAID CI'l'r, AND THAT NOTICB OF
SAID RBARDIG BB PUBLISHED IN TRB BNGLBWOOD HERALD AND Bll1'1'BRPRISB.
Councilman Braun di•cus•ed several revisions that he would like to
in•ert.
COUllCIIICA!f BRAUR MOVED, COUNCIU4AN LOVB SBCORDBD, THAT TBB PROPOSED
BILL BB AMDDBD AS POI.LOWS:
"'l'BAT UNDBR II A (1) THAT R-1 BE CHANGED TO R-1-D~T R-2 BB CBAllGBD
TO R-2-A.
"THAT ITDI (8) OP 'ftlIS SAME SECTION THE • 10 POOT MI IMtM SIDE YARD"
BB CllMJGBD TO A" 15 FOOT MINIMUM SIDE YARD." -~----
"THAT I~ (4) OP TllB ABOVE SBCTION "THE 10 POOT MI11.111Ull_!JDB YARD•
BB CBAllGBD TO RBAD "15 POOT MINIMUM SIDE YARD"
"THAT IT91 (6) OP TllB ABOVB SECTION BB AMDIDBD BY ADDI&G TRBRBTO
"(15 POOT MIRIMlM SIDB YARD BACH SIDE)".
'l'h• Planning Director agreed with the proposed changes.
The queation wa• called for. Upon the call of the roll, the vote resulted
•• follow•:
Aye•s Councilmen Smukler, Miles, Love, Brownewell, Braun, McLellan.
Ray•s llone.
Abaents Councilman Woods.
'l'h• Mayor declared the amendment carried and asked for a vote on the proposed
Bill a• amended.
'l'h• que•tion wa• called for. Upon the call of the roll, the vote re-
•ulted •• follow•s
Ayea1 councilmen Smukler, Miles, Love, Brownawell, Braun, McLellan.
••y•s !lone.
Ab•ents Councilman Wood•.
'l'h• Mayor declared the motion carried.
Six meml>er• of the City Council havint voted in favor of aaid motion,
the presiding officer thereupon declared said motion carried and said ordi-
nance pa••ed, and •aid ordinance ordered published as afore•aid.
'!'hereupon, Councilman Love introduced the following resolution, which
waa read in full and ia aa follows:
RBS o ·L UT.! 0 N
WBBRBAS, a bill for an ordinance (being an ordinance to amend
Ordinance Ro. 45, Serie• of 1955, as amended, being the zoning Ordinance)
ha• been introduced, read in full, passed on first reading, and ordered
pabli•hed on thi• 7th day of May, 1962: and
MBBRBAS, a public hearing on the adoption of said ordinance has been
••t for Monday, the 4th day of June, 1962.
BOif, TRBRBPORB, BB IT RESOLVED BY THE CITY COUNCIL OP TRB CI'l'!' OF
aGLBlfOOD1
section 1. That the City Clerk is hereby authorized to publi•h notice
of •aid hearing once in the Englewood Herald and Bnterpri•e, a newspaper
published and of general circulation in the City of Bngle'4«>0d, •aid publica-
tion to b.e at least 15 day• prior to said hearing.
Section 2. That said notice shall be in substantially the following
forms
I
I
•t.r•••• of lllW 7, 1912
Council that car.el
procur ... nt of a 11
Subdivi•ion. •
•JOI' reported that he had received word that the plat waa not
r••ar tor oonaideration by the Council at thi• time. ·-· ..
1-85 'h ??CiM lonina Chana• in 3200 Block Soutb ,.19D 1ass•
1, •
"-City Clerk read the following recoamaendation of tbe Cl~ •lann~
1-. C: i••ion in fulls
•!tie •lanning O: i••ion recomnend to City council ti. rellDlli._.
r...-•t ••• by llr. Don Pranmnn for change from a-1-D to
a-2-• of the JIOO block South Buron be approved, aa (1). It will
WM u a baffer between th• M-1 (light indu•trial) wiltg to ~
tM 1M8t, and the a-1-D (Single-family) •nin9 to tbe -tr (2)
It i• of .. fficient area to m .. t th• requirement• of ti.. Cltr
OMaclls (J) It i• not contrary to the overall loft9-r•• .. plaa
of tbe Cityt (4) It will not permit an exc•••ivelr bifJb 61m~!:S ..a yet it will allow th• property owner• to develOp tlaeir
to i.t~ .S.anta9• than th• R-1-D cla•8ification.• ·
• 't • , .... • ·~· •• Coanailmen s.ukler, Mile•, Love, BrownMMll, 9r ... , llcLellan •
llay81 llDM.
All••t• coanciman Wood•.
9-•r1or declared tb• motion carried.
1-7•
• •·•na, PlannirMJ Director, reported on the nr1I
JOO foot •trip, South aannock Street, South of .... 1 •••·
•tility ••lll1nt• in that area which have no val• er
mama .... car-1 ... 8abdivi•ion.
Co"8ci1-ft araan •tated that it appeared th• vacetioa
'...ell .. woak and warin9 of land for the •tr .. t w.at of OU 11 t.illll ••••Rion with -.r. t'hollpaon'• reque•t were all one paakal••
mw1t. tlle •l••int Director •tated that there wu no a11t
·t r!C:f-way and expr•••ed her opinion that 45 ,__ ri.llfl•"1•M•M1••-•1t.!
te. Councilman Mil•• rwrked tbat the cl-. •1W"'8
ss a111 aa tNion baa been trying to work out the C09Pftlli• ;11ii •••
'111..aa•••ful to elate. Di•cu••ion •n•ued.
~u..JI 1111,a mvao, COUllCIUIAll LOVS S.CODID, ' ..
'IM9:1DI llOUI& P OCJC Wlftllll 'fllB STAllDD SVBDIVIIIOll • •NJl\oV9
Upon the call of th• roll, th• vote r••ulted aa follOW91
AJ981 coanc11-n s.ukler, Mile•, Love, Braun, McLell•.
~·· Cnnailaan arownew.11 •.
lla•lilta Coanailaan Wood•.
Oawilma 8rownMMll •tated that he wanted a aol•U;
--ratbet than piec•1al, therefore, voted again•t tbe
_.., Gowilw lllukler. Mile•, Love, BrownMMJ.1, •-· __ ,,. .. _.
lllW•• .....
D••t• council.an Wood•.
fte llayor dec:lared the .otion carried.
RBCBSS
!be llSwor called a rec••• of the Council until 10115 P.a.
'I
•lnat•• of llay 1, 1162
l~tm ,.UU• propo•ift9 th• annexation to the City of •1ll?i'DDe
.. 1.111:11sat.ell territory hereafter deacribed (bein9 entirely ~&e ..._. JS•••t.. to and filed with the City coancil of
a.S.alD. At .. id wting, ••id petition w. ·r-• ..
&.e1Ra9Y ... the City Plannin9 and Zonin9 CorBi••ion.
llotlae i• al• 9i•• that th• unincorporated terri~ •1111 Til
--11111 to 9n919WOod, COlorado, and deacribed in the petltl, k•lla•• CD•-· COlorado, and i• deacribed •• follow.a
A ~ of lead lyinfJ in lection 35, Townahip 4 South,
la ......... 00.ty, deac:ribed •• follow•a
lDf at a point where the •••t line of Block 50,
~ 80Utberly inter•ect• th• aouth line of ,..,. ...
.... 1••11 • ... t, .. id 80uth line being the appro11•_ n. ....
• Jl1n ·a..ae,
Ila••• llortberly alon9 the •••t line of •aid Blcx-k 5' to the·. 11orilf '•~ ... ··.· ~ ··1 J.:' of · .. u 8locr1l 50 . . -. ~·.
. . '
of South Lafayette S~t,
'Ill••• ~ly alon9 .. id •••t line of South Lafayi[K·
its 11• of -t l'lo,d Avenue,
•••• lliaat:erly alon9 .. id center line of Baat Ployd ~-to the i_.
line of the • 1/4 lection 35, Townahip 4 South, Ran99 18 .. at, , ·'
-••• -tlael'ly alon9 .. id lia• to the northea•t corner · of .. tb •
1/4 of ~ JS, townahip 4 South, Ran9e 68 Weat •
.
•••• ... terly alOIMJ aaid north right-of-way line to a•••·
..W line iaterMOU the eaat line of the SW 1/4 Section
l1atll, Ma" • ... ,, .. id point being approxi-tely 90 f1
t1a ••r~ oora.. of Hid lection,
&•••• • tM .a of a ~ to th• left, th• radiua of •ldi ·• ·
'lll•W ~et:arly alOIUJ Hid right-of--y line .of ..... m
eDr a ~ Of JOl.4 fMt, thence lfHterly along the _ ... ;:; ~
li.M of -t Q g l1n Ayenae parallel to and 30 feet north ef
of ~ JI,. lfoWnahip 4 loutb, llang• 68 Weat, to a poi.a\ ....
rlllt-..of-way i lne of ... t llemDden Avenue interaect• the .-.t·li
S..l••tte atreet,
81noe -tbez'ly to a point where the •••t line of _. Wayftte
lt:...t taarwu the 80uth line of Section 35, Townabip 4 ... tll, ,,,
••nae ..._ly aloft9 ••id aouth line of said Sec:tion to .the jOint ol ---·· 111Ml•I• 9111'D•i•tely 57.202 acr••·
'JIDUoe la 1~alao 9iyen that aaid City Coun: il, by tM r~ eA'lltt•
at lu r ... lar -tin9 of My 7, 1962, ordered that till•_.._
.-r-t to tM ordinance• and Charter of th• City of "'91••••
atatatea of tlae ltate of COlorado. .
llDtice i• alao 9l•en that ••id petition in addition to .. Nl'ilti119 -.ob.
~ltory, in .-.taaae recite•, atatea, and declare• and ~-·
1. ftat Mid t•ritory i• eligible for annexation ~ ~* City of ,_ .. •di• an4 in acoordance with th• tem and oonll•Ae•• of ~
lor•dlo a.viaed ltatutea, 1953, •• ••nded~ · ··
,, -1"2
_ •nw, · OOU9CII.MAll MILBS smoc•~
W !m MID ORDIRBD PUBLISlllD D ;
•1211• Upon the call of the roll. tile
••• .ca-........ ~ler, Mil••, Love, Brown-11.,. ·•• t•fii
•••• ••••t• Olai'llllan WOOda.
---1•11.kl the II otion carried.
JSRllDl ·'JO ...,.DIG OP 3200
a aill tiy ' Councilman Mil••·
A BILL
~ :l&i•tlon ha• been llade for the remn
I llMiiA fraa a-1-D <•••idence Diatriat)
• 1 f9fo,...~ly ieaidential Diatrict) 91
nae ... & ..a. eM ' City Plannin9 and ZOnin9 O II
in aonincJ1 and
._ City Council hereby finda, determ.1.1
_ in aonift9 i• juatif ied by the
t.re and 4Jood aonin9 practice•.
a 8l1l for an Ordinance at the r..,.al#
Cll.W Of a.,1.wooc1, COlorado, on May 7,
•Ill.lie bearing befou aaid City CO-I a•, CM• o'-1 on Monday, J\ane 4. 1962, at e caw •11. 3345 South Bannock str .. t,
1 rt ~ing thi• Bill for an Ol'M
i.. pabliahed in full in the
fifteen day• before aaid heari...r.
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11
Minute• of May 7, 1962
(l'orm of Coupon)
llo. A __ _ • __ ......_..,_!_____.:
llo. ·---
• • •
On the l•t day of J!flf~· 19~, the City of Engl.wood in the ~ty
of Arapahoe and State of coiorado, will pay to the bearer
-~~~~~~~--~DOLI.MtS
DOLLAllS -----------
in lawful money of the United State• of America, at the office of the City
Treaaarer, in Jln9levoo4, Colorado, being intereat then due on it• local t11:rcwe-
.... t bond i••aed for the con•truction of local improv-nt• in Pa9in9 Di.Wiet
llo. 12, 8ncJlevood, Colorado, provided the Bond to which thi• 00\lpon i• attaabed
8hall not have been theretofore called for payment or paid. Attached to _.
dated July 1, 1962, bearing
llo ··-------(l'ac•i•il• 8i41D&tare1-
City Clerk aD4 'fr-••
Section 3. 'l'h• proceed• of ••id bond• •hall be applied only to pay tile
coat• and expen .. • of con•tructing the improvement• in •aicl Dl~ict and all
other C08t• and expen••• incident thereto. In the event that all of th4lt ~·
of .. id bond• are not required to pay auch cos ta and .-peDH• ~ aay r-in ' · .. .
_,unt •hall be paid into the apecial aaaeasment fund for the parpoH of · 1-· .
ing in and payift9 the principal of and intereat on aaid bond•,
8ection 4. Said bond• and the interest thereon •hall be pai• tram ••oial
..... 8119Dt• to be levied on the real property in aaid Di•trict, fraa tbe
8arplu an4 Deficiency Pund of •aid City and from any other •••ilable .fal*
of the City. 1Cben there i• on hand a au ff icient amount to p&F •ix -.tlae
int:er•t on out•tandift9 bond• of aaid Diatrict, th• City nail aall t. •••
Milt of oautandift9 bond• in numerical order with fund• &Yailabl• ~·
Section 5. After th• apiration of the period i .;;: ca•h paym•te of •••• -
menu in full, the City •hall pay each year not l••• than l°" of tbe total
-.oant of bond• of •aid Diatrict out•tanding after the pa)'lleftt of bondll "'tlitla
tbe DrOC••4• of •uch caah payment• of •••••ament•·in full.
S.C:tion 6. 'lhat in accordance with Section 108 of the ~ter of ••id
City, wbwYer there i• a deficiency in the fund of aaid x.pao.•1•~ •i~
to wt payment of outatanding bond• and inter••t thereon, nClll .. ft.ti•• llMall
be paid oat of the mpecial Surplu• and Deficiency l'und of aaid C:l-.
Aid Di•trict ha• paid and cancelled four-fifth• of th• bonll• u...._w1r11.-
an4 for any rea110n the r .... ining ••••••manta are not paid in ~ tO tell•
the final bond• of the Diatrict and intere•t due thereon, and tllllll ~l.
•ufficient llODey in aaid Surplu• and Deficiency l'und, then tbe _~ity .-.11
Aid bond• when due and intere•t due thereon and reimbur•• itHlf l':r 0011~
inCJ tbe unpaid ••••• ... nt• due aaid Diatrict.
lection 7. If it •hall be neceaaary to advance money to -intalft.Carrmt ..,...ta of intereat and equal annual payment• of the principal ~·of ...
bani• ia8'1ed for .. id Di•trict, the City Council •hall levy anilaal taRl8 oa ·the
t ... ble property within the City not exceeding two mill• in any one Y.ar
llball apply the proceed• of •uch tax•• for aaid purpo•e. In llea of nab f:a
lewi.99, the Council .. Y annually tran•fer to •uch •pecial fund any nai.1819
moa.yof the City, but in no event •hall the amount tran•ferre4 .in uy OM year
u11tl the &llOUftt which would reault from a tax levied in 8\lClh y..r u beela
liaited. 8uch tax levi•• or tran•f•r• of fund• may be •ad• in ~ vitla .
... par8'1&ftt to Section 109 of the Charter of •aid City.
'. ' •I .
lliction I. Should any part or provi•ion of the Charter of tbi(Cf.tir ·
=-=·c:n.:r~.:.r °!J:!• c~~1 ~:~ ~~.::1' orc!1:~~-,,~·~·. :p• .• , •• , ....... .
=!:c.~U:. ~~~~=~~y •:.~::!n:n~~i:CS i!~a~~ :•!....N::=· ....
deteralnation 8hall not affect the remaining part• and proYi•lona of t1ia ,
8n9l~ocl Charter or thi• Ordinance. the intention being that' each pKt ..._ pco-
•i•ion of t:he .Charter and thi• Ordinance i• aeverable. ·
All ordinance• or part• thereof in conflict with thi• 0~1nanae .-9 .JMr~
r.a·•led.
lection 9. 'fhi• Ordinance, after it• final pa•••9•· 8ba11 _.bii-~-.-...-...
in a book it.pt for that purpo••: Dall be authenticated by the iftmedfiit~f ·i:lle
Mayor and City Clerkr •hall be publi•hed •• provided in t:he Cbarteir fd
Cityr and after becollin9 effective, ahall be i~repealabl• until the bonl8 .. w Dl•trict U.11 be paid in full. ,,..,
S.C:tion 10. A public Bearing on thi• Ordinanc• will be held in eouacd.1
cnr JL\llAGD' s ca:>Ic.
11DOa 1 1 Cll>!C8
1 ·1t ••: '*9· •••d for acoe•• aoroM-i.·•
Mt Dartlloath Ayenue•. .. K6'11
WI n llla of tbe ... t Union kidg~ Pl''-••••••in a 90tion for the 4r•i.. •
·•• _l _.._, comc1uwr mancLD .a ltl ., .... PLllll ... POil !D
JaallllCUta AV•n. Upon tt.e usu•
arowna11 •
.UUd that he felt .,,ery •••• •aa tM Diatrict had been effec