HomeMy WebLinkAbout1969-06-02 (Regular) Meeting Agenda Packet-
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June 2, 1969, Regular City Council
Meeting
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JUI{ 2 '69
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NO. __ 11 __ CI"Q; OF: Me E.;-,
-€NGJ... NG FJ SEP I ES OF 1 969 €Wooo clE: RESOLUT I O . oto.
RESO LUTION AU THORIZI NG AN D DI REC Ti tG THE CITY CLE RK
TO PUB LIS H ALL BILLS FOR ORD I NAN CES, EXCEPT EME GEN CY
ORD I NANCE S, I N FULL AtiD TO PUBLI SP ALL ORD I NCES ADOPTED
ON FI NA L READING BY REFERE NC E, EXCEPT EMEPGE CY ORDI NANCES ,
AND EXCEPT AS OTHERW I SE. FR TIME TO TIME, DI RE CTED BY
TH E CITY COUNC IL.
WHEREAS, Sections 4 0 and 41 of the Ch arter of t he City
of Eno le wood provide, in effect , that all Bills for
Ordinances , except Emerqenc y Or di na nce s , must be pu blished
in full not less t ha n seven (7) days prior to their final
passage ; and
WHER EAS, the aforesai d sections of sai d Charter
provide that, after adoption, eve r y Ordinance mus t a g ai n
be pub lished , either by referenc e, or in full, as Council
may determine , except Emergency Ordinances ; an d
WHEREAS, Council is desirous o f establishin a uniform
procedure for the pub lication t he reof ,
NOW, THE REFORE, BE IT RESOLVED BY THE CITY COU NCIL OF
TH E CITY OF ENG LE WOOD, COLORADO, th a t, except as Coun cil
may, from ti me to ti me , g ive specific direction to the
City Cle r k of the City of Englewood to the contra r y , and
except where th e provi s ion s of t he Charter, any ap pli cab le
statute or an y applicable Ordinance may esta blish a differen t
pr ocedu re , the City Clerk is here bv authorized and directed
to follow th e followi no procedure f o r t he publication of all
Bills for Ordinances an d all Ordinanc es introduced or
adopted by thi s Council:
1. I mmedia tel y upon intro duction, and passa e u pon
first r e adin g, of any Bill for an Ordinance, except a Bill
for Ordinances necessary for the immediate preservation of
public pro pe rty, health, peace , or safety, the City Cler k
shall forth wi th arrange to have the sa me published in full
in t hat newspaper desi~nated as the City's official new s paper.
2 . Up on final adoption of any Bill for an Or dinance ,
except Ordinances necessary for t he immediate preservation
of public pro pe rty, health, peace , or safety, t he City Cl er k
shall cause said Ordinance to be pu blished by r e ferenc e,
and not i n full. The for m of such pub lication by r eference
sha ll be as follo ws:
" OTICE OF ADOPTIO N OF ORD I ANCE
"O n th e day of , 1 9 , City
Counc il of t he-C1ty of Eng ewooo adopted, on final
rea d in a, th e follo win a ordina nc e:
ORD I NANCE NO . , SERIES OF 1 9
BY AUTHO ITY
[herein insert t he titl e of said ordinance ,
wh i ch shall contain a summar y of t he provisions
t he reof.] I . •
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Copies of th e aforesaid ordinance are
ava ila b l e for pu blic in spe cti on i n t he office
of the Cit y Cle r k, City Hall , City of Enq le woo d."
3. For Or di nances necessary for the i mmediate pr ese rvatio n
of pu b lic p ro perty, health, peace , or safety, there sh a ll be
no pu b li cati on of t he sam e as a Bill p r ior to Counci l's
final action upon t he sa me , but with in seven (7) days of
the final passaoe of s u c h Bills f o r Ordinances , t he City
Clerk is he reby authorized and directed to cause the sa me
to be published i n full in that ne wspa per desi gnated as
th e official ne wsp a pe r of the City .
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I , Stephen A. Lyon , Cit y Cler k -Tr eas urer of t he City
of Eng l ew oo d, do he re b certify that t he above and for ego in q
is a true , accurate and co mp lete co py of a resolution passed
by the City Cou ncil of t he Citv of Eng le woo d , o n the
day of ..k;/t-~ .>:lA _ , 1969. ---
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RESOLUTION NO. ~. SERIES OF 1969
RESOLUTION RECOGNIZING THE IMMINENT NECESSITY FOR THE
CONSTRUCTION OF AN EXPRESSWAY TO SERVE THE SOUTH AND
SOUTHWESTERN PORTIONS OF THE DENVER METROPOLITAN AREA AND
CALLING UPON THE COLORADO STATE HIGHWAY DEPARTMENT AND
All OTHER APPROPRIATE STATE OFFICIALS TO TAKE WHATEVER
STEPS MAY BE NECESSARY TO ASSURE CONSTRUCTION OF THE SAME
AT THE EARLIEST POSSIBL E DATE.
WHEREAS, the south and southwestern portions of the
Denver metropolitan area are not presently being served
by a freeway connection between that portion of the
metropolitan area and the downtown Denver area; and
WHEREAS, there has been in the recent past considerable
commercial and industrial development in said portion of
the metropolitan area, and there will be, in the future,
continued growth and expansion in this area; and
WHEREAS, this development and expansion has caused
considerable increase in the amount of traffic flowing
between the south and southwestern portions of the Denver
metropolitan area on the one hand, and the downtown Denver
area on the other ; and
WHEREAS, 1t is the considered judgment and opinion of
this City Council that the present street syste~s servicing
the two areas are presently inadequate and will continue
to become more inadequate as time passes ; and
WHEREAS, i is the further considered judgment and
opinion of this ouncil that no redesign or expansion of
the present street system would be, or can be, adequate to
acco~Modate the projected traffic loads for this area and
that only the construction of a freeway in this general
area w;11 adequately solve the traffic proble•s now being
encountered, as well as those to be encountered in the future,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO that this City Council
should, and does hereby, call upon the Colorado Department
of Highways and all other officials of the State of Colorado
charged with the responsibility of developing and i•plementing
adequate traffic planning and construction to take all steps
which may be necessary to assure construction of an adequate
freeway system to serve the south and southwestern portions
of this ~etropolitan area with all deliberate speed to the
end that such a freeway construction Shill be completed at
the e1rlitst possible mo~ent. ~-
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' Mayor
Attest :
I, Stephin A. Lyon, City Clerk-Treasurer of the City of
Englewood, Colorado, do hereby certify that the above and
foregoing is 1 true, accurate and co•plete copy of 1 resolution
passed by the ~ity Council of the City of Englewood, on the
L:..d(day of ' ..... ......:_....__, 1969.
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e'ITY OFFICIAl: COU NCIL DOCU MENT
RrTURN TO
TO: Stanley H. Dial, City Manager Dim'E Q 'l!}~Y 29, 1969
FROM: Stephen A. Lyon , Director of Fe~~~C IL MCCTIN G FI LE
F ENGLEWOOD, COLO .
SUBJECT: Paving District No. 17 Appropriation -City Share
The appropriation for Paving District No. 17 in the amount of
$78,689.50 has been overrun by a net figure of $1,683.61.
This is primarily due to $2,809.91 of construction work which
was transferred from Section A, Property Owners' Share, to
Section B, City's Share (this work was assessable against
City property) and the recommended adjustment of ~313 .39 to
the City's share after the hearing on Pavi ng District No. 17 .
It is recommended that the overage be financed from the
1969 appropriation for Paving District No. 18 of $90,000.
Financing of the overage from the Paving District No. 18
appropriation wil~ after all costs have been charged aga1n~t
the appropriation, leave a projected balance of $948.17.
Please see the attached table for the detailed calculations.
You will ~~·~ on the detailed calculations that a ten per
cent al 1 owance ·~s been made for Paving District No. 18
change orc..t,.·o and overrun of quanti ties for Section B. After
talking with Mr. Kells Waggoner, Director of Public Works, it
was determined that this amount shouid be sufficient. How-
ever, it is not beyond the realm of possibilit~, ··.hat the over-
run may be fifteen per cent rather than ten per cent. Based
upon the estimates on the attached table it appear s that the
most likely source to finance the Paving District No. 17
overage is the Paving District No. 18 appropriation.
The resolution effecting th& transfer of appropriation from
Paving District No. 18 to Paving District No. 17 may be made
with the transfer from Paving District No. 18 to the two
traffic signal installations later in the year when final in-
atalla tion coats are received~~
Stephen A. Lyon
Director of Finance
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Attachment
cc: Kells Waggoner, Director of Public Works I· •
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Director of Finance
May 29, 1969
PROJECTION OF PAVING DISTRICT NO. 18 APPROPRIATION
1969 Appropriation for Paving
District No. 18
LESS: Section B Costs
ab) Bid Price
) Ten Per Cent Allowance
for Change Orders and
Overruns
Total Section B Costs
Balance
LESS: Traffic Signal Costs
Balance
a~ u.s. 285 and Clarkson
b Centennial and Broadway
c ADD: State Participation
Total Traffic Signal Costs
Paving District No. 17 Overage
a) Actual Amount Over
Appropria t1on
b) ADD: Sales Tax Refund
Net Paving District No. 17
Overage
Balance Remaining Paving District
No. 18 Appropriation
$69,880,20
6,988.02
$ 6,000.00
6,000.00
1,500.00
$ 1,854.31
170.70
$90,000.00
76,868.22
13,131.78
10,500,00
2,631.78
1.683.61
948.17
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Director of Finance
May 29, 1969
PROJECTION OF PAVING DISTRICT NO, 18 APPROPRIATION
1969 Appropriation for Paving
District No. 18
LESS: Section B Costs
ab) Bid Price
) Ten Per Cent Allowance
for Change Orders and
Overruns
Total Section B Costs
Balance
LESS: Traffic Signal Costs
Balance
a~ u.s. 285 and Clarkson
b Centennial and Broadway
c ADD: State Participation
Total Traffic Signal Coate
Paving District No. 17 Overage
a) Actual Amount Over
Appropriation
b) ADD: Sales Tax Refund
Net Paving District No. 17
Overage
Balance Remaining Paving Distri ct
No. 18 Appropriation
$69,880.20
6,988,02
• 6,000.00
6,000.00
1,500.00
$ 1,854.31
170.70
$90,000,00
76,868.22
13,131.78
10,500.00
2,631. 78
1,683.61
948.17
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I NTR ODUCED AS A BI LL BY COUN CILMA N
BY AUTH ORITY
ORD I NANCE NO. ~, SERIES OF 1969
AN ORDI NANC E VACATI NG C E RTAI ~ PUBLI C ALLEYS, ACCESS WAYS OR
RIG HTS OF WAY PRE SENTLY EXISTING WIT HIN BLOCK 8 , HARLEM SE COND
AD DITIO N, CITY OF ENGLEWOOD, STATE OF COLORADO.
WHEREAS , there presently exists a public alley or r ig ht
of way adjacent to Lots 13 through 36, Block 8, Harlem Second
Addition, City of En g lewood , County of Arapahoe and State of
Colorado ; and
WHEREA S, t here al s o exists within said block an alley or
access way across a nd over all of Lot 16 and the South 6 feet
of Lot 15 thereof ; a nd
WHEREAS, th e Planni ng and Zoning ComMission of the City of
Englewood has heretofore recommended that the alleys hereinabove
described be vacated ; and
WHEREAS, said alleys no lon ger serve any useful purpose and
the vacation of said alleys will not leave any realty adjoining
the same without an established public road connecting the said
realty with another established public road; and
WHEREAS, the alleys hereinabove described are located entirely
within the City of Englewood, Colorado, and do not constitute a
boundary line between the City of Englewood and any county or other
municipality ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows :
Section 1 . That the hereinabove described alleys located
in the-tlty-of Englewood, Arapahoe County, Colorado, be and the
same are hereby vacated.
Section 2. There is hereby reserved from the vacation of
that area adJicent to Lots 13 through 36, Block 8, an easement
in, through, over, across and under the aforesaid realty for
sewer, gas, water and similar pipelines, appurtenances and
utilities, and for electric, telephone and similar lines,
appurtenances and utilities.
Introduce~, read in full and passed on first reading on the
I 9 day d []_'lc(-J.: ___ .. , 1969.
Published as a Bill for an Ordinance on the ~ day of
r; 7ft Y./ ' 1969.
" (ead by title and passed on final reading on the ~day
of ~t .Z'+•1969 .
Publishe d., as Ordinance No . d.:2..,Series of 1969 , on the
~ da y of ·~L"Yr.l _ , 1969 .
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1, Stephen A. Lyon, do hereby certify that the above and
foregoing is a true, accurate and complete copy of an Ordinance
passed on final readin o and published as Ordinance No. ?'J ,
Series of 1969. L--
Attes~/./~
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AGENDA FOR
REGULAR CO U CIL SESSION
JUNE 2 , 1969
8:00P.M. Call to orde r, invocation by Msgr . Bernard Cullen of the St.
Louis Catholic Church , pledge of allegiance led by Boy Scout
Troop No . 3 33 , and roll call .
1. Minute s .
(a) Regular mee ting of May 19 , 1969 . (Copies trans-
mitted herewith.)
2. Pre-scheduled citizens and v i s itors .
(a) Recognition of "spe cia l gue sts " of the Council.
(b) Mr. M. M. Summers , 3140 South Delaware Street,
will be present to discuss the need for a pool at
Dartmouth Park.
3. Communications .
(a) Memorandum from Mr. J . F. DeVivier, Chairman
of the Board of Career Service Commissioners,
recommending an appointment to the Board.
(Copies transmitted herewith.)
(b) Minutes of the Parks and Recreation Commission
meeting of May 14, 1969. (Copies transmitted
herewith .)
(c) Minutes of the Board of Career Service Commis-
sioners meeting of May 22, 1969. (Copies trans-
mitted herewith.)
(d) Minutes of the Planning and Zoning Commission
meeting of May 7, 1969. (Copies transmitted
herewith .)
(e) Minutes of the Water and Sewer Board meeting of
May 20, 1969 . (Copies transmitted herewith.)
1. Memorandum recommending authori-
zation for the Utilities Department to
replace an existing sewer line to serve
the Conservative Baptists Theological
Seminary .
2 . Memorandum recommending an ex-
tension of a Connector's Agreement
with the Cherry Hills Sanitation Associ-
ation .
3 . Memorandum recommending the in-
clusion of additional land into the South-
gate Sanitation District.
4 . Memorandum r e commending an agree-
m e nt ith the Walt Flanagan Company .
5 . Memorandum recommending that
Mc Lell a n Rese voir not be anne ed by
the City o f Littleton .
(f) Memo randum from the Board of AdJustment and
Appeal r e comme nding an encroachment for a
fence in th e 4900 and 5000 blocks of South Acoma
Street.
(Continued)
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AGENDA FOR RE LAR COUNCIL SESSION
JUNE 2, 1969
Page 2
3. Communication s . (Continued)
(g) Memorandum from the Board of Adjustment and
Appeals recommending a n encroa chment for
public parking at Columbia Savings and Loan.
(Copies transmitted herewith .)
Memorandum from Mr. J . Robert Mack ,
Assistant City Manager, regarding legal publi-
cation costs. ( opies transmitted herewith .)
(i) Memorandum from Mrs. Phyllis J . Wiebe,
Director of Libraries , regarding Sunday library
openings . (Copies transmitted herewith.)
(j) Memorandum from the Planning and Zoning
Commission r e commending street name changes.
(Copies transmitted herewith .)
(k) Memorandum from the Board of Adjustment and
Appeals recommending an encroachment at 180
West Girard Avenue. (C opies transmitted here-
with.)
4. Continuation of a hearing regarding the Peanut Barrel liquor
license. (Scheduled late at request of license applicant.)
5. City Attorney .
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(a) Ordinance on final reading vacating the 5000
block South Broadway-South Acoma Street
alley. (C opies previously transmitted.)
(b) Paving District No. 17 (1968).
1. Bill for an Ordinance establishing final
as essments. (Copies will be available at
the session .)
2 . Memorandum from Mr . Stephen A . Lyon,
Finance Director , regarding the transfer
of funds . (C opies transmitted herewith.)
(c) Resolution of intent to form Sidewalk Improve-
ment District No. 69 (1969). (Copies trans-
mitted herewith .)
(d) Resolution regarding the construction of a
Columbine Free ay. (Co pies will be available
at the session .)
(e) Attorne 's choice .
6. City Manager .
(a) Report on a community action plan for Engle-
wood . (Copies transmitted herewith.)
(b) Report on building construction us taxes.
(Copies tran mitted herewith .)
(Continued )
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AGENDA FOR REGULAR COUNCIL SESSION
JUNE 2, 1969
Page 3
6. City Manager . (Continued)
(c) Report regarding clean-up of the Kingsley property .
(d) Manager's choice.
7. Recognition of non-scheduled citizens and visitors.
8 . General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
9. Adjournment.
~---c:::::;-bft ~ )-). D ~ STAN:;Y-~L
City Manager
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COUNCIL CHAMBER3
CITY OF ENGLEWOO D, COL RADO
JUNE 2, 1969
REGULAR MEETIN G ~
The City Co u n cil o f the Ci ty -f Englewood, Arapahoe
County, Colorado, met in regular sess ivn on June 2, 1969, at
8 :00 P.M .
to order.
Ma yor Pro Tern Dhority, pres id "r.g, c a lled the meeting
The invoc at ion was given by Co~~cilman Brown . Pledge
of Alleg1ance was led by Boy Scout Troop No . 333.
The Mayor Pro Tern asked for roll call. Upon the call
of the roll , the following were present·
Councilmen Brown, Kre ili ng, Lay, Lone, Dhority.
Absent : Councilmen Parkinson, Schwab.
The Mayor Pro Tern declared a quorum present.
Also present were: City Manager Dial,
Assistant C1 ty Manager Mack,
City Attorney Criswell,
City Clerk Lyon .
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COUNCILMAN LAY MOVED , COUNC LMAN LONE SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF MAY 1 9 , 1969, BE APPROVED
AS READ. Upon the call of the roll, the vote resulted as
follows :
Ayes : Councilmen Brown, Kre iling, Lay, Lone, Dhority.
Nays : None.
Absent : Councilmen Parkinson , Schwab.
Th e Ma yor Pro Tern decl ared the motion c arried.
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Ma y or Pro Tern Dhority recognized t he following citizens
from the list of "Special Citi zen Program Invitees":
Mr . a n d Mrs. Gene Sny der , 47 75 South Pennsy lvania Street.
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City Attorney Criswell i .troduced Mr . Gordon Hinds,
attorney for the City of Pueblo, who ·s recod1fying the City of
Englewood 's ordinances .
Mr . M. M. Summers, 3140 S out . ~e aNare Street, appeared
before City Council to discuss the need for a swimming pool at the
Dartmouth Park locaticn. Mr . Summ e rs subm ~ ted a petition con-
taining 100 signatures (unverified 1n fa v r of he pool. The
heading o f the petition is worded as f clL)\."S •
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Englewood City Council:
We, the undersigned property owners
and residents of the area surrounding
West Dartmouth Park respectfully
petition you to construct a swimming
pool within this park.
We c all your attention to the fact
t h ere is no swimming pool for this
area and the small children must
c ross the freeway of highway 70
and the through street of South
Broadway to get to the swimming
pool at the high school.
Mr. Summers stated that in the entire area where the petition
was circulated only four persons refused to sign. Mr. Summers
indicated that children wishing to swim from the areas served
by Dartmouth Park must cross South Broadway and U.S. 285 to reach
swimming pools. Many people wishing to swim from the area must
go to the Celebrity pool on Colorado Boulevard. Mr. Summers con-
cluded his remarks by stating that when the old City Park site had
been sold it had been the promise of City Council to replace the
park services provided by the old park. Mr. Summers stated that
to fully accomplish this a swimming pool at Dartmouth Park was
definitely needed.
City Council discussed the request. At the conclusion
of discussion it was the consensus that the petition be referred
to the Parks and Recreation Commission for further study.
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A memorandum from Mr. J. F. DeVivier, chairman of the
Board of Career Service Commissioners, recommending an appointment
to the Board was received for the record.
(Mayor Schwab entered the Council Chambers at 8:25 P.M.
and took his seat with Council.)
City Council discussed the request of Mr. J. F. DeVivier,
chairman of the Board of Career Service Commissioners, that Mr.
Harvey Mayer be reappointed to the Board.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
MR. ELMER L. AUSFAHL, 2780 SOUTH CLARKSON, BE APPOINTED TO THE
BOARD OF CAREER SERVICE COMMISSIONERS TO FILL THE VACANCY CAUSED
BY THE EXPIRATION OF THE TERM OF MR. HARVEY MAYER. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried .
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The minutes of the Parks and Recreation Commission
meeting of May 14, 1969, were received for the record.
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The minutes of the Board of Career Service Commisaionere
meeting of May 22, 1969, were received for the record.
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The minutes of the Planning and Zoning Commission
meeting of May 7, 1969, were received for the record.
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The minutes of the Water and Sewer Board meeting of
May 20, 1969, were received with five memoranda attached.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE MEMORANDUM RECOMMENDING AUTHORIZATION FOR THE UTILITIES
DEPARTMENT TO REPLACE AN EXISTING SIX INCH PRIVATE SEWER MAIN
TO SERVE THE CONSERVATIVE BAPTIST THEOLOGICAL SEMINARY BE
RECEIVED AND APPROVED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
City Council diacussed a memorandum from the Water and
Sewer Board recommending an extension of the Connector'• Agreement
between the City of Englewood and the Cheery Hille Sanitation
Asaociation.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED,
THAT THE EXTENSION OF THE CONNECTOR'S AGREEMENT WITH CHERRY
HILLS SANITATION ASSOCIATION BE APPROVED AND THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO EXECUTE THE DOCUMENT. Upon the call
of the roll, the vote reeulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkineon.
The Mayor declared the motion carried.
Mr. J. R. Mack, Assistant City MRnager, appeared before
City Council and presented a map designating additional land
recommended to be included in the Southgate Sanitation Diatrict
by the Water and Sewer Board.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT ADDITIONAL
LAND BE INCLUDED IN THE SOUTHGATE SANITATION DISTRICT BE APPROVED
AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE
DOCUMENT. Upon the call of the roll, the vote reeulted a• followe:
Ayes: Councilmen Brown, Dhor i ty, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinaon.
The Mayor declared the motion carried.
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A memorandum recommend1ng a n agreement with the Walt
Flanagan Company to a llow the clea n1ng of said company's con-
crete trucks on C~ty pro p e rty was rec e i ved and discussed.
Councilman Lay reques t ed th a t a report on the cleaning
operations of the Flanagan Company be recei ved from the City
Manager per iodically.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE PROPOSED AGREEMENT WITH THE WALT FLANAGAN COMPANY BE APPROVED
AND THAT THE MAYOR AND CI TY CLERK BE AUTHORIZED TO EXECUTE THE
DOCUMENT . Upon the call of the roll , the vote resulted as follows:
Ayes: Counc i lmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None .
Absent: Councilman Park i nson.
The Mayor declared the moti on carried .
A memorandum from the Water and Sewer Board recommending
that the McLellan Reservoir site not be annexed by the City of
Littleton was received and discussed.
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE RECOMMENDATION OF THE WATER AND SEWER THAT THE MCLELLAN
RESERVOIR SITE NOT BE ANNEXED BY THE CITY OF LITTLETON BE TABLED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lone,
Schwab.
Nays: Councilman Lay.
Absent : Councilman Parkinson .
The Mayor declared the motion c arr i ed.
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A memorandum from the Board of Adjustment and Appeals
recommending an encroachment for a fence in the 4900 and 5000
blocks of South Acoma Street was received for the record.
COUNCILMAN LONE MOVED , COUNCILMAN BROWN SECONDED, THAT
THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN
ENCROACHMENT OF FENCES ON CITY PROPERTY IN THE 4900 AND 5000
BLOCKS OF SOUTH ACOMA BE APPROVED. Upon the call of the roll,
the vote resulted as follows :
Ayes : Councilmen Brown , Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None .
Abs en Councilman Parkinson.
The Mayor declared the mot1on c a rried •
A memorandum from t e Board of AdJustment and Appeals
recommend ing an encr~a chme n t for pub " ic pa rk1ng a Columbia Savings
and Loan was r ece~ ed for the record .
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COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS THAT AN
ENCROACHMENT FOR PUBLIC PARKING BE GRANTED TO THE COLUMBIA SAVINGS
AND LOAN, 700 WEST HAMPDEN, BE APPROVED. Upon the call of the
roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab .
Nays: None.
Absent: Councilman Parkinson.
The Ma y or declared the motion carried.
* * * * * *
A memorandum from Mr. J. Robert Mack, Assistant City
Manager, regarding legal publication costs was received for the
record.
RESOLUTION NO. 19, SERIES OF 1969
RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
PUBLISH ALL BILLS FOR ORDINANCES, EXCEPT EMERGENCY ORDINANCES,
IN FULL AND TO PUBLISH ALL ORDINANCES ADOPTED ON FINAL READING BY
REFERENCE, EXCEPT EMERGENCY ORDINANCES, AND EXCEPT AS OTHERWISE,
FROM TIME TO TIME, DIRECTED BY THE CITY COUNCIL.
(Copied in full in the official Resolution Book.)
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED,
THAT RESOLUTION NO. 19, SERIES OF 1969, BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
A memorandum from Mrs. Phyllis J. Wiebe, Director of
Libraries, regarding Sunday library openings was received for
the record.
COUNCIL MAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDATION OF THE DIRECTOR OF LIBRARIES THAT SUNDAY OPENINGS
OF THE ENGLEWOOD PUBLIC LIBRARY BE DISCONTINUED BE APPROVED. Upon
the call of the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
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A memorandum from the Planning and Zoning Commission
recommending street name changes was received for the record.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION
THAT SOUTH PECOS STREET BETWEEN THE SOUTH CITY LIMITS AND WEST
TUFTS AVENUE BE CHANGED TO SOUTH WINDERMERE STREET EFFECTIVE
JANUARY l, 1971, BE APPROVED AND THAT THE CITY ATTORNEY BE
DIRECTED TO PREPARE THE NECESSARY ORDINANCE. Upon the call of
the roll, the vote resulted as follows :
Ayes: Councilmen Brown, Dhori ty, Kreiling, Lay, Lone,
Schwab.
Nays : None.
Absent: Councilman Parkins on.
The Mayor declared the motion c arried.
A memorandum from the Board of Adjustment and Appeals
recommending an encroachment at 180 West Girard Avenue was received
for the record .
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS THAT
AN ENCROACHMENT OF A PLANTER ON THE CITY SIDEWALK AT THE CHAMBER
OF COMMERCE BUILDING LOCATED AT 180 WEST GIRARD BE APPROVED AND
ACCEPTED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay,
Lone, Schwab.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING REGARDING THE POSSIBLE REVOCATION OF THE LIQUOR
LICENSE GRANTED TO THE PEANUT BARREL, 3535 SOUTH HURON, BE REOPENED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent: Councilman Park in son.
The Mayor declared the motion c arried and the public hearing
open at 9:30 P.M. (Note: A tape recordi ng of the public hearing
is on file with the official minutes . This public hearing is
continued from the Ma y 19, 1969, public hearing.)
Listed below are those individua ls who appeared before
City Council a nd the exhibits presented:
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Mr . Jerry Sturm , 3184 Wes t Edgemo re Dr i ve.
Exhibit No. 1 A letter from Mr. Ralph T. Virtue,
1750 Gi lpin Street, concerning the
design of plumbing, heating, venti-
lating , and electrical systems for
the proposed Peanut Barrel, 3535
South Huron.
Mr . Ke lls Waggoner, Director of Public Works.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING BE TEMPORARILY CLOSED UNTIL THE ARRIVAL OF
MR. BRYAN BENNETT, 306 JOHNSON BUILDING , TO PRESENT ADDITIONAL
INFORMATION TO CITY COUNCIL . Upon the call of the roll, the vote
resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried and the public hearing
temporarily closed at 9:37 P .M.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 22, SERIES OF 1969
AN ORDINANCE VACATING CERTAIN PUBLIC ALLEYS, ACCESS WAYS
OR RIGHTS OF WAY PRESENTLY EXISTING WITHIN BLOCK 8, HARLEM SECOND
ADDITION, CITY OF ENGLEWOOD, STATE OF COLORADO.
(Copied in full in the official Ordinance Book.)
COUNCILMAN LAY MOVED , COUNCILMAN DHORITY SECONDED, THAT
ORDINANCE NO. 22, SERIES OF 1969, BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll, the vote resul t ed as follows:
Schwab.
Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Lone ,
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried .
* * * * * *
Introduced as a Bill by Councilman Lay and read in full,
A BILL F OR
AN ORD I NANCE APPRO VING TH E WH OL E COST OF THE IMPROVEMENTS
MADE IN PAV I NG DI STR ICT NO . 17, IN TH E CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTI ONME NT OF SAID COST TO EACH LOT
OR TRACT OF LAND IN SAID DISTRICT; ASSESS I NG A SHARE OF SAID COST
AGAINST EAC H LOT OR TRACT OF LAND I N THE DISTRICT; PRESCRIBING THE
MANNER FOR THE COLLECT I ON AND PAYMENT OF SA I D ASSESSMENTS; AND
DECLARING AN EMERGENCY .
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COUNCILMAN LAY MOVED , COUNCTLMAN DHORITY SECONDED, THAT
THE PROPOSED BILL FOR AN EMERGENCY ORDINANCE BE PASSED ON FIRST
READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND
ENTERPRISE. Upon the call of the roll, the vote resulted as follows:
Ayes : Councilmen Brown, Dhor ity, Kreiling, Lay, Lone,
Schwab.
Nays : None.
Absent: Councilman Parkinson.
The Mayor declared the motion c arried.
* ~ * ~ * *
A memorandum from Mr. Stephen A. Lyon, Director of
Finance, regarding the transfer of funds for Paving District
No. 17 was received for the record.
* * * * * *
RESOLUTION NO. 20 , SERIES OF 1969
A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT
DISTRICT IN SAID CITY, TO BE KNOWN AS SIDEWALK IMPROVEMENT
DISTRICT NO. 69; ADOPTING DETAILS AND SPECIFICATIONS THEREFOR;
ESTABLISHING A DATE AND PLACE FOR A PUBLIC HEARING UPON THE
CREATION OF SAID DISTRICT , AND ORDERING PUBLICATION AND MAILING
OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE ASSESSED WITH-
IN THE DISTRICT.
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 20, SERIES OF 1969, BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent : Councilman Parkinson.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO. 21, SERIES OF 1969
RESOLUTION RECOGNIZING THE IMMINENT NECESSITY FOR THE
CONSTRUCTION OF AN EXPRESSWAY TO SERVE THE SOUTH AND SOUTHWESTERN
PORTIONS OF THE DENVER METROPOLITAN AREA AND CALLING UPON THE
COLORADO STATE HIGHWAY DEPARTMENT AND ALL OTHER APPROPRIATE STATE
OFFICIALS TO TAKE WHATEVER STEPS MAY BE NECESSARY TO ASSURE CON-
STRUCTION OF THE SAME AT THE EARLIEST POSSIBLE DATE.
(Copied in full in the official Resolution Book.)
COUNCILMAN DHORITY MOVED , COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO . 21 , SERIES OF 1969, BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes : Councilmen Brown, Dhor 'ty, Kreiling, Lay, Lone,
Schwab .
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Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carri ed .
* * * * * *
City Attorney Cri swe l l state d that on May 27, 1969,
Judge Foote i n District Court had denied the appeal of Mrs. Bernice
M. Buchler from the Board of Adjustment and Appeals' decision
concerning the Bu c hler 's s i t e at 3602 South Acoma.
* * * * * *
City Attorney Criswell stated that with Mr. Gordon Hinds
his office was reviewing the recod i f ic ation of the City's Code
with department heads through J un e 4, 1969.
* * * * * *
City Attorney Criswell reported that the Adams'
property for the proposed Centennial Park had been purchased on
May 29, 1969.
* * * * * *
Mayor Schwab declared a recess at 10:03 P.M. Council
reconvened at 10:24 P.M. Upon the call of the roll, the following
were present:
Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Absent: Councilman Parkinson .
The Mayor declared a quorum present.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE PUBLIC HEARING ON THE POSSIBLE REVOCA T ION OF THE PEANUT BARREL
LIQUOR LICENSE , 3535 SOUTH HURON, BE REOPENED. Upon the call of
the roll, the vote resulted as follows :
Schwab . Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nays: None .
Absent: Councilman Parki nson .
The Mayor declared the motion carried and the public hearing open
at 10:25 P.M. (Note: A tape recordi ng of the public hearing is
on file with the official minut es .)
Li sted be l ow are t hos e ind ivid u a l s who appeared before
City Coun c il a n d t h e exh i bits p re s ent ed :
Mr . Jerr y S turm , 3184 We s t Edgemo re Drive.
Mr . Bryan Bennett, 3 0 6 Johnso n Bu 'l d i ng, Denver.
Mr. Ke l s Wa g gon er, Direct or o f P ublic Works.
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COUNCILMAN DHOR ITY MOVED , COUNCILMAN LAY SECONDED, THAT
THE PUBLI C HEARING BE CLOSED . Upon the call of t he roll, the vote
r e sulted as follows:
Ayes : Councilmen Brown , Dho r ty , Kreiling, ay , Lon e ,
Schwab.
Nays: None.
Absent: counc i lman Parkinson.
The Mayor declared the mot1on c arr1 ed a nd
closed a t 10:36 P .M.
* * + * + *
City Manage r Dial presented and d1scu sed a r por o n
a community a ction plan for the C1ty o f E nglewood.
* * * * * *
City Manager Dial presented a memorandum on building
construction use taxes recommending that the forty per cent of
total c onstruction value which is used to represent ma te rials
be raised to fifty per cent.
After discussion it was the consensus of City Council
that the City Attorney draw up an ordinance affecting the change
in percentage representing taxable materials from forty per cent
to fifty per cent in the sales tax ordinance.
* * * * * *
City Manager Dial stated that the City of Englewood
had been attempting to obtain quotationsfor the clean up of the
Kingsley property at 2350 South Tejon as ordered by the Court.
Mr. Dial stated that four private firms had been contacted and
only one proposal had been received , that of Commercial Auto
Salvage for $12,000 . Director of Public Works Waggoner had esti-
mated that the cost of City force was $11,290 for the clean up.
City Council d i scussed how to ac c omplish the work and
whether to attempt to obtain more private bids or accomplish the
work with the City force.
* * * * * *
City Manager Dial reported that during the May 1969
flooding approximately $4,500 of damage had been incurred by the
Utilities Department. As Arapahoe County had been declared one
of the counties in the disaster area by the Office of Emergency
Preparation it would be possible to obtain federal reimbursement.
City Manager Dial indicated that a resolution authorizing appli-
cation would be re~ui red.
RESOLUTION NO . 22, SERIES OF 1969
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLI-
CATION UNDER THE FEDERAL DISASTER ACT FOR REIMBURSEMENT OF COSTS
INCURRED IN THE MAY, 1969 FLOODING.
(Copied in full in the offici al Resolution Book.)
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COUNCIL MAN LAY MOVED , COUNCILMAN KREILING SECONDED,
THAT RESOL UTI ON NO. 22 , SERIES OF 1969 , BE ADOPTED AND APPROVED.
Upon he call of the roll , the vote resulted as follows :
·schwab. Ayes: Councilmen Brown , Dhori ty , Kreiling, Lay, Lone,
Nays: None .
Absent: Cour.cilman Park1nson.
T e Mayor declared the motion c arr ied .
* * *
C1ty Manager Dial stated that Mr . Ray Printz had been
request d by the Colorado Di vis i on of Fish, Ga~e, and Parks to
represent the sta te at a meeting i n Omaha, Nebraska on June 6
to June 9, 1969. The expense of Mr. Printz's trip would be borne by
the 5 ate of Color ado .
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT
THE OUT OF STATE TRIP BY MR . RAY PRINTZ TO OMAHA, NEBRASKA ON
BEHALF OF THE STATE OF COLORADO DIVISION OF FISH, GAME, AND PARKS
BE AUTHORIZED. Upon the call of the roll, the vote resulted as follows:
Schwab. Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman Parkinson .
The Mayor declared the motion carried.
* * * * * * *
City Manager Dial stated that the 20-Bond Index, a gauge
for municipal bond issues, had c limbed in the past three weeks
to 5.60 per cent on May 28 , 1969.
* * "' * * * * *
City Manager Dial stated that a report on traffic would
be presented at the next City Council meeting. City Manager Dial
also indicated to members of City Council that he would be attempting
to take two days of vacation d u ring the month of June, 1969.
* * * * * * * *
Mayor Schwab discussed a protest of the removal of the
trees at 495 Eas t Oxford in connection with Paving District No. 18 construction .
* * * * * *
Councilman Dhority stated t hat he had received a subpoena
to appear in mun ici pal court about a dog running loose in the
neighborhood for which he h ad submitted a complai nt to the Englewood Police Department .
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City Atto r ney Cr i swell s t a ted tha t i f t he officer had
witnessed the dog run n ing loose in the neighborhood, the subpoena
would not have be en necessary. However , in many cases the dog is
confined when the enforcing officer a rri ves ; and it is necessary
that a wi tnes s appe ar to testi fy as to the facts of the situation.
city Manager Dial discussed dog licensing within the
City.
+ * * * * *
Councilman Brown in q ui red about the policy of the City
of Englewood for r e serving t ables and sh elters for groups at the
various parks.
At th e conclusion of the di scussion City Manager Dial
indicated that a mem or andum on the policy of reserving shelters
and t abl es at the var ious parks wou ld be submitted.
* * * * * *
Councilman Kre iling requested th at the City Manager
send Ma y or Jane Rosenbach of the C ity of Sheridan a copy of the
fi nancial statements on the Englewood-Littleton-Fort Logan Bus Line
recently prepared for the years 1966-67 -68.
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COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE BILL FOR AN ORDINANCE RELOCATING THE PERSONNEL DIRECTOR UNDER
THE CITY MANAGER BE REMOVED FROM THE TABLE. Upon the call of the
roll, the vote resulted as follows:
Ayes: Counc i lmen Brown, Dhori ty, Kreiling, Lay, Lone,
Schwab.
Nays: None.
Absent : Counci lman Parkin son.
The Mayor declared the mo tion c arried.
City Counci l a nd the City Manage r discussed vari ous aspects
of the proposed ordinanc e .
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT
THE CONSIDERATION OF THE ORDINANCE PLACING THE F,~RSONNEL DIRECTOR
UNDER THE CITY MANAGER BE TABLED UNTIL THE JUNE 16, 1969, REGULAR
MEETING WHEN A REPORT AND RECOMMENDATION FROM THE CITY MANAGER
WOULD BE RECEIVED . Upon the call of the roll, the vote resulted
as follows:
Aye s: Counc ilmen Dhority , Krei ling, Lone.
Nays: Counc i lmen Brown , Lay , Sch wab.
Ab se nt : Councilma n Parkinson .
The Mayor declared the mo icn failed .
ORDINA CE .0 . 23 , SER~ES OF 1969
AN ORD INANCE AMEND:NG CERTAIN PR CVIS IONS OF CHAPTER 6
OF THE MUNI CI PA L CODE OF 1n~ c :TY OF ENGLEWO OD TO EXCLUDE FROM THE
CAREER SERVICE SYSTEM ALL ADI'r:~·IST RA IVE ASSISTANTS TO THE CITY
MANAGER AND AUTHOR IZING THE C:TY MANAGER T DESIGNATE AN ADMINIS-
TRATIVE ASS S TA T IN H:S OFFICE TO ACT AS THE PERSONNEL DIRECTOR
OF THE CITY OF ENG LE WOO A~ TO A: THE BOARD OF CA REER SERVICE
COMM ISSIONERS I N THE PERFORMANCE OF ITS D TI ES.
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COUNCILMAN LAY MOVED , COUNCILMAN BROWN SECONDED, THAT
ORDINANCE NO. 23, SERIES OF 1969, BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Discussion continued.
COUNCILMAN KREILING MOVED , COUNCILMAN LONE SECONDED, THAT
THE MOTION CALLING FOR THE FINAL PASSAGE OF ORDINANCE NO. 23, SERIES
OF 1969, BE TABLED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lone.
Nays: Councilmen Lay, Schwab.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
(Note: Because Ordinance No. 23, S eries of 1969 was
tabled it is not copied in full in the official Ordinance Book
and a new number will be assigned to it upon final passage.)
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried and the meeting adjourned at
12:15 A.M.
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BY AUTHORITY
ORDINANCE NO. ,),Jl, SERIES OF 196 9
AN ORDINANCE VACATI NG CERTAI N PUBLIC ALLEYS, ACCESS WAYS OR
RIGHTS OF WAY PRESENTLY EXISTING WITHIN BLOCK 8, HARLEM SECO ND
ADDITION, CITY OF ENGLEWOOD, STATE OF COLORADO.
WHEREAS, there presently exists a pu blic alley or right
of way adjacent to Lots 13 through 36, Block 8, Harlem Second
Addition, City of Englewood, County of Arapahoe and State of
Colorado ; and
WHEREAS, there also exists within said block an alley or
access way across and over all of Lot 16 and the South 6 feet
of Lot 15 thereof ; and
WHEREAS, the Planning and Zoning Commission of the City of
Englewood has heretofore recommended that the alleys hereinabove
described be vacated ; and
WHEREAS, said alleys no longer serve any useful purpose an d
the vacation of sai d alleys will not leave any realty adjoinin g
the same without an established public road connecting the said
realty with another established public road; and
WHEREAS, the alleys hereinabove described are located entirely
within the City of Englewood, Colorado, and do not constitute a
boundary line between the City of Englewood and any county or other
municipal tty ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. That the hereinabove described alleys located
in the C ty of Englewood, Arapahoe County, Colorado, be and the
same are hereby vacated.
Section 2. There is hereby reserved from the vacation of
that area a }acent to Lots 13 through 36, Block 8, an easement
in, through, over, across and under the aforesaid realty for
sewer, gas, water and similar pipelines , appurtenances and
utilities, and for electric, telephone and similar lines,
appurtenances and utilities.
Introduced, read in full and passed on first reading on the !9 day a Lz2a.J:-____ . , 1969.
of
Published as a Bi 11 for an Ordinance on the ...1.:2 day of
.>fc ! _, 1969. -
~ead by title and passed on final reading
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Published as Ordin ance No. ,..l.:2_,Series of
day of ....;_{L _•J.,.t _, 1969.
{
on the .£..::(___ da y
1969, on the
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I, Stephen A. Lyon, do hereby certify that the above and
foregoing is a true, accurate and complete copy of an Ordinance
passed on final reading and published as Ordinance No.~~-·
Series of 1969.
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RESOLUTION NO. ~.
RESOLUTIO N RECOG ~IZI NG TH E I I I NE T NEC ESS ITY FOR THE
CONS TRUCTIO N OF AN EXP RE SSWA Y TO ERV E THE SOUTH AND
SOU T H~ES T ERN POR TI ON S OF TH E DEN VER HE TROP LIT AI AREA AND
CA LLI IG UPON TilE C LORADO STATE H I G H ~J AY DE PAR T ENT AND
ALL OTHE R APPROPRIATE ST~TE OFFICI ALS TO T KE WHATE VER
STEPS MAY BE NECESSA RY TO ASS URE CO NS TP UCTI ON OF THE S ME
AT THE EARLIEST POSSI BLE DATE.
\ HEREAS, the south and southwestern portions of t he
DenvPr metropolitan area are not presentl y beinq served
by a freeway connectio n between that portion of the
metropolitan area and t he do wntown Denver area; and
WHER EAS, there has been in the recent past considerable
co mm ercial and industrial develop ment in said portion of
the metropolitan area , a nd t he re will be, in t he future,
contin ued gro wth an d ex pansion in this area ; and
WHEREAS, this develo pme nt and expansion has caused
considerable increase in t he amount of traffic flowin q
between the south an d southwestern portions of the Denver
metropo l i t an a r ea on t he one hand, and the downtown Denver
area o n t he o t he r ; and
WHEREAS, it is the consi dered judgment and opinion of
this City Council that the present street systems servicinq
the two areas a r e pr esently inadequate and will continue
to become more inadequate as time passes ; and
WHEREAS, it is the fu r ther considered judgment and
opinion of this Council that no redesion o r expansion of
the present street system would be, or can be, adequate to
accommodate the projected traffic loads for this area an d
that onl y th e con s truction of a freeway in this ener a l
area will adequately solve t he traffic pro blems no w bein g
encountered, as well a s t hose to be encountered in t he future,
NOW, THEREFORE, BE IT RES OLVED BY THE CITY COU lCIL OF
THE CITY OF ENGLE WOO D, COL ORA D th a t t h is City Council
shou l d , and does hereby, call upon the Colorado De artment
of Highways an all other officials of the State of Colorado
charged with th e responsi b ility of developin and i mple mentin 0
adequate traffic planning and con s truction to ta ke all steps
which may be necessary to assure construction of an ade q uate
freewa y system to serve the south an d south western portions
of this metropolitan area with all deliberate speed to the
end th a t such a free way construction s hall be co mpleted at
t he earli e st possible moment.;:;;·_ . _ ,
~-UA-~_c_ · ay or
Attest :
f -~~ ~~e r ~
I , St e phen A. Ly on , Cit y Cler k-Treasurer of t he City o f
Eno l ew oo d, Color a do , do he r eb y certify that t he a bov e a nd
for eQo in Q i s a true , a ccurat e and co mplete cop o f a r eso l u t ion
pas sed by th e ~_:ou ncil of the City of Engle woo d, on t he
2r,( day of _,.---, 1960 . ~~~~-
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OFFICIAL
CrrY COUNCIL DOCUt<rlllNT
Rnu r'l
JU.l 2 '69
COU NCIL ME ETI G FI LE
•
CIT:'t O E E N GLEWOOD, COLO.
2
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RESOLUTION NO . --"'-"---=--' SERIES OF 1969
RESOLUTION AUTHORI ZING THE CITY MANAGER TO MAKE APPLICATION
UNDER THE FEDERAL DISASTER ACT FOR REIMBURSEMENT OF COSTS INCURRED
IN THE MAY, 1969 FLO ODING .
BE IT RESOLVED BY THE CITY OF ENGLEWOOD , COLORADO as follows:
1 . Stan ley H. Dial, City Manager , or his duly appointed
s u ccessor , be and he is hereby authorized to execute for a nd i n
beha l f of the City of Englewood, Colorado , a pu blic entity es ta b-
lished under the laws of the State of Colorado, this application
and to f ile it i n the appropriate State off i ce for the purpose of
obtaining certain Federal f i nanc ial assistance under th e Federal
Disaster Act (Public Law 875, 8l st Congress; 42 U.S .C . 1855-1855g).
Attest:
I, Stephen A. Lyon, City Clerk-Treasurer of t he City of
En glewood , Colorado, do hereby certify that the above and f o r egoing
is a true , accurate and complete copy of a resol u t~on pass e d by
~ ity Counc il o f the City of Eng l ewood, on th e ~~~day of
~Q?~ , 1 9 69 . 7~
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J:j'J 2 '69
COUNc
CITY
CQ:x ll MEETING FIL£
COUNCIL CHAMBERS 0E ~~. ~
OF ENGLEWOOD, COLORADO
MAY 19, 1969
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on May 19, 1969, at
8:00 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Reverend Frederick Hahn
of the Immanuel Lutheran Church. Pledge of Allegiance was led
by Boy Scout Troop No. 333.
The Mayor asked for roll call. Upon the call of the
roll, the following were present:
Schwab. Councilmen Brown, Dhority, Lay, Lone, Parkinson,
Absent: Councilman Kreiling.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager Mack,
City Attorney Criswell,
City Clerk Lyon.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF MAY 5, 1969, AND THE
MINUTES OF THE SPECIAL MEETING OF MAY 12, 1969, BE APPROVED
AS READ. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
* * * * * *
Mayor Schwab recognized the following citizens from
the list of "Special Citizen Program Invitees":
Mr. and Mrs. N. H. Larson, 2020 West Warren Avenue
Mr. D. Q. Horn, 4075 South Acoma Street
Mr. S . C. Marguerites, 430 East Bellewood Drive.
* * * * * *
Miss Lana Logan, 1260 York, appeared before City Council
and requested a liquor license transfer for the Lucky Lady Club,
4155 South Broadway, from Mr. Glenn M. Bailey and Mr. Joseph J.
Battaglia to Mr. Joseph J. Battaglia and Miss Lana Logan.
JUN 2 1969
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COUNCILMAN PARKINS ON MOVE D, CO~T CI LMA LAY SECONDED,
THAT THE LIQUOR LICENSE TRA NSFER OF THE LUCKY LADY CLUB , 4155
SOUTH BROADWAY, FROM MR. GLENN M. BAILEY AND MR. JOSEPH J.
BATTAGLIA TO MR. JOSEPH J. BAT AGLI A AND MI SS LANA LOGAN BE
APPROVED. Upon the ca l l o f the r o l l , the vo te resu l ted as follows:
S~w~. Ayes: Councilmen Brown , Dho r ity, Lay , L one , Park i nson,
Nays: Non e .
Absent : Counc 'lma n Kr eili n g.
The Mayor declared the motion c arried .
* * * * * *
COUNCILMAN LA Y MOVED, CO UNCILMAN PARKINSON SECONDED,
THAT THE PUBLIC HEAR I NG REGARDIN G THE AMENDMENT OF THE ENGLEWOOD
BUILDING CODE BE OPENED. Upon the call of the roll, the vote resulted as follows:
Schw~. Ayes: Councilmen Brown , Dhori ty, Lay, Lone, Parkinson,
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried ,and the public hearing open
at 8:27 P.M. (Note: A tape recording of the public hearing is
on file with the official minutes.)
Listed below are those individ als who appeared before City Council:
City Manager Dial .
Mr. Beryl Wallace, r e i red chi ef b u ildi ng inspec tor.
Mr. Douglas C. Severn, F i re Ch i ef .
Discussion ensued .
COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED,
THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll,
the vote resulted as follows:
Schw~. Ayes: Coun cilmen Brown, Dhority, Lay, Lone, Parkinson,
Nays: None.
Absent : Counc 'lman Kr ei i n g .
The Mayor declared the mo c ~ carried a ~d the pub c he a r ng c losed at 8:43 P.M.
BY AL~HORI!
ORD INANCE NO. 1 8, S ERIES OF 1969
AN ORDI NANCE REPE AL :Nc S ECTIONS 13 .13 TH RO UGH AND INCLUDING
13.14-4 OF THE MUN ICIPA~ COD E OF THE CITY OF E GL EWOOD TOG ETHER
WITH AL L ORD INANC ES AM END G THE SAME , AND AD OP TING BY REFERENCE,
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IN LIEU THEREOF, CHAPTERS 4 TifRO .. GF. 43 , 45 THRO:JGH 52, AND 59 ,
EACH INCLUSIVE, CF ORD:.·A. CE ~0 . :., .5E R E5 OF .L969 , OF THE
ORDINANCES OF THE C!TY A.~ COu~IY OF DENVER , STATE OF COLORADO,
AS ADOPTED ON THE 1 7TH DAY OF JANUAR Y, 1 969.
(Copied in f ull in ~he cf f.Lc ~a l Ord i nance Book.)
COUNCILMA.'J PA R!C:NSO . MOVED , COUNCILMAN LONE SECONDED,
THAT ORDINANCE NO. 8 , SER I ES OF 196 9 , BE PASSED ON FINAL READING
AND ORDERED PUBLISHED IX PuL ~N THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the cal o f the r cll, the ote res l ted as follows:
Schwab. Ayes : Co ncilmen Brown , Dhori y, Lay, Lone, Parkinson,
Nays: No n e.
Absent : Councilman Kre i ing.
The Mayor declared the motion carried.
COUNCILMAN DHORITY MOVED , COUNC-LMAN LAY SECONDED, THAT
THE PUBLIC HEARING REGARD I. G 'I'!JE L IQ OR L:CENSE OF THE PEANUl'
BARREL, 3535 SOUTH HURON , BE OPE"ED . Up o n the c a ll of the
roll, the vote res ulted as follows:
Schwab. Ayes: Co un cilmen Brown, Dhor .~ty, Lay , Lone, Parkinson,
Nays: None.
Absent: Councilman Kreili ng .
The Mayor declared the rr.ot~on carr "ed a nd he p ~l·c hear ng open
at 8:4 7 P.M. (Note : A tape rec o rd.:.ng f the p ublic heari g is
on file with the offic.L al min tes.j
Listed below are those indiv.Ld~als who appeared before
City Council and the exhib "ta p esented:
Mr. Jerry S tJrm, 3184 West Edge more Drive.
Mr. Bryan Ben~ett, Swiss V.L i age C cn str ~ction Com pany.
Kells Wa ggoner, Di rector of Pub lic Work s.
Exhibit No. 1
Exhibit N~. 2
Memora dum from Ke s Waggon er,
D "rector c f Pub ·c Wo rks, regarding
the stat ·s of t he Peanut Barrel
Restaura ~~ a n d Lo ng e a t 3535 South
Hu on.
Re v~sed ~s r ct ~o -plans for the
e:a .'J Ear e ...
Mr. Wi U a m K. Ma :~·e, a t.::rr:.ey, 331. Sc ... th Broadway •
COUNCILMA:~ JN"E MJ\ Ei:. c :nr~ ::::. M . :::'"'i ~ R:r Y SEC .ill ED, THAT
THE PUBLIC HEAR:i: G BE CO. ! NL"ED AT .,E ;" .... -~ 2 , 69, RE Gl'LAR CITY
COUNCIL MEET ING A'I WS.:Cn TIME C::l.-;RACIS A ''U "'THE R ;"EC ESSARY INFOR-
MATION BE S UBM ITTED TC E AELE T E Cu ."C:"~ >·C TAKE THE APPROPRIATE
ACTION ON THE PEAN ;'!' bARRE· I :Q CR L :CE~3E. :Op,:,.., de cal of the
roll, the v ote r es lted as f >l-::w3
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Ayes: Councilmen Brown , Dhori y, Lone, Parkinson,
Nays : Counc ilma n Lay.
Absent: Co nci l man Kre iling.
The Mayor declared the mot 'on carried a nd recessed the public
hearing at 9:26 P.M. until the Ju~e 2 , 1 969, regular City Council meeting.
* * * * * *
COUNCILMAN LAY MOVED , CO~CI LMAN DHO RITY SECONDED,
THAT THE PUBLIC HEARING REGARD ZNG THE L:QUOR LICENSE OF THE
ZUIDER ZEE RESTAURANT , 1001 WES T HAMPDEN , BE OPENED. Upon the
call of the roll, the vote resulted as f ollows:
Schwab. Ayes: Counc ilme n Brown, Dhority, Lay , Lone, Parkinson,
Nays: None .
Absent : councilman Kre iling .
The Mayor declared the motion carried and t he public h earing open
at 9:27 P.M. (Note: A tape recordi ng of the publ ic hearing is
on file with the offici al mi nutes.)
Listed below are those i n d i viduals who appeared before
City Council and the exhibits presented :
L. David. Mr. Will i am K. Malone, attorney, representing Mr. John
Exhibit No. 1 A letter from Mr. Cecil Hammonds,
President -Gen eral Manager of
Zui der Zee Oyster Bar, Inc., con-
cernin g the development of the
restaurant.
Kells Waggoner, Direc tor of Public Works.
City Manager Dial.
COUNCILMAN DHORITY MOVED , COUNCILMAN LAY SECONDED,
THAT THE PUBLIC HEARING BE CL OS ED. Upcn the call of the roll ,
the vote resulted as fo l ows :
Schwab. Ayes: Counci lmen Brown , Dhor ity , Lay , Lone, Parkinson,
Nays: None .
Absent: Co un c ilma n Kreil'n g.
The Mayor declared the motion c arried a n d the public h ear ing closed at 9:42 P.M.
COUNCILMAN DHO RI TY MO ED , COUNC:LMAN PARKINSON SECONDED,
THAT BECAUSE THE ZU IDER ZEE RES TA "RA. P.AS SHOWN GOOD CAUSE IN THE
DELAY OF THE DEVE LOPMENT OF 'IHE:::R :Q::OR OL"TLET THAT 'I·HE SHOW CAUSE
ORDER BE REVOKED. Upon the cal:. of the roll, t:he vote resulted as follows:
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Schwab. Ayes : Counci l me Brew , Dhor ~t y, L a y , Lone, Parkinson,
Nays: None .
Absent : Co ncilma n Kreiling .
The Mayor declared the mo ion c arr 'ed .
A l isting of streets for inclus ion within Sidewalk
Improvement District No . 69 was rece 'ved for the record.
City Manag er Di a discussed the list o f streets with
members of City Council a nd stated that ac cording to the time
schedule presented a t th e prev ~o s regular Ci ty Council meeting
the Resolution of Inten t to form the D ist r~ct wo ld be presented
at the June 2, 1969, meeting .
* * * * * *
The financial report f o r April 969 was received for the record.
* * * * *
A report from Mr . Stephen A . Lyon, Director of Finance,
on the Kansas University City Management School was received for the r .ecord.
* * * * * *
The minutes of the Planning and Zoning Commission
meeting of April 9, 1969, were received for the record.
* 'I' * * * *
A memorandum from the Parks and Recreation Commi ssion
recommending an agreement to provide for a concession stand at
Sinclair Outdoor Pool was recei ved for the record.
COUNCILMAN PARKINSON MOVED , COUNCILMAN LAY SECONDED,
THAT THE CITY BE AUTHORIZED TO EN ER I NTO AN AGREEMENT WITH
MANLEY, INC. TO PROVIDE A CONCESSION STAND OP ERATION AT THE
SINCLAIR OUTDOOR PO OL, SA ID AGRE~r T BE ESSEN IALLY SIMILAR
TO THE PRIOR AGREEMENT ENl'ERED I TO WITH THE CITY AND MANLEY,
INC. FOR THE CONCESSION STAND AT ENGLEWOOD-BELLEVIEW PARK~ AND
THAT THE MAYOR AND CITY CLERK BE AUTH ORI ZED TO EXECUTE THE
AGREEMENT. Upon the cal of the r o ll , the vote resulted as follows:
Schwab. Ayes: Councilme n Brown , Dhor 'ty, Lay, Lone, Parkinson,
Nays: None.
Absent: Counci man Kr ei· 'ng.
The Mayor declared the mo t ic.n carried.
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A mem o ra ndum from the P a n"ng a ~d Zon'ng Commis sion
recommending the v a c a tion o f the 5000 block S o~t Broa d way-South
Acoma Street al ley was rec 'ved f o r ~e recor .
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Mr. Bill crouch , 5001 South Bro adway, appeared before
City Council on behalf of the recommended vacation of the 5000
block South Broadway-South Acoma Street alley.
Introduced as a Bill by councilman Lay a n d read in full,
A BILL FOR
AN ORDINANCE VACATING CERTAIN PUBLIC ALLEYS, ACCESS
WAYS OR RIGHTS OF WAY PRESENTLY EXIS TING WITHIN BLOCK 8, HARLEM
SECOND ADDITION, CITY OF ENGLEWOOD , STATE OF COLORADO.
COUNCILMAN LAY MOVED , COUNC I LMAN LONE SECONDED, THAT
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Lay, Lone, Parkinson,
Schwab.
Nays: None.
Absent: Counc i lman Kreiling.
The Mayor declared the motion carried.
* * * * * *
Mr. Bill Crouch reappeared before City Council requesting
an encroachment agreement to supplement two prior existing encroach-
ment agreements for his property fronting on the 4900 and 5000
block of South Acoma. Mr. Crouch stated that he wished to build
a fence connecting with other fences extending on City property
to within eighteen inches of the sidewalk by connecting the fence
with the existing encroaching fence on the 4900 block of South
Acoma, extending the fence to the other encroaching fence in the
5000 block of South Acoma, and then from the south line of the
encroaching fence in the 5000 block of South Acoma to the south
wall of the Body Department, extended .
Director of Public Works Kells Waggoner appeared before
City Council and stated that there would be no problems with the
requested encroachment. Mr. Waggoner stated that the other two
encroachment agreements should be voided and that the agreement
requested should encompass all encroachment fences on City property.
COUNCILMAN PARKINSON MOVED , COUNCILMAN LAY SECONDED,
THAT THE PREVIOUS ENCROACHMENT AGREEMENTS WITH BILL CROUCH, 5001
SOUTH BROADWAY, BE REVOKED AND THAT AN AGREEMENT TO FENCE THE
ENTIRE AREA BE EXECUTED BY THE MAYOR AND CITY CLERK.
City Council d iscu ssed the request and whether the prior
approval of the Board of Ad justment a n d Appeals should be obtained.
COUNCILMAN LONE MOVED , COUNCI LMAN DHORITY SECONDED, THAT
THE REQUEST BE TABLED . Upon the c a l l o f the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Lone, Schwab.
Nays: Councilmen Lay, Parkinson.
Absent: Councilman Kreiling .
The Mayor declared the motion carr ed .
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City Council d 'scu ssed we h er 'twas meaningful to
send encroachment agreements ~hrough the h o ard of Adjustment and
Appeals for their review and recommen dation.
* * * * *
Mr. Bill Crouch reappeared b efore City Council on
behalf of the Englewood Chamber of Commerce requesti ng an encroach-
ment to place a planter in front of t h e Chamber of Commerce
building at 180 West Girard Avenue .
City Council discu ss ed the request.
COUNCILMA N PARKINSON MOVED , COUNCILMAN LAY SECONDED,
THAT THE REQUEST OF AN ENCROACHMENT FOR , PLANTER IN FRONT OF THE
CHAMBER OF COMMERCE BUILDIN G ON CITY OF ENGLEWOOD PROPERTY AT
180 WEST GIRARD AVENUE BE AUTHOR I ZED AND THAT THE MAYOR AND CITY
CLERK EXECUTE THE AGREEME NT, SAID AUTHORI ZATION SUBJECT TO CON-
CURRENCE OF THE BOARD OF ADJUSTMENT AND APPEALS AND THAT IF CON-
CURRENCE IS NEEDED PR I OR TO MAY 28, 1969, THAT THE BOARD BE
POLLED BY TELEPHONE AS TO ITS DISPOSITION ON THE MATTER. Upon
the call of the roll, the vote resulted as follow s:
Schwab.
Ayes: Counc ilmen Brown , Dhority, Lay , Lone, Parkinson,
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the moti on carried.
* * * * * *
Mayor Schwab c alled for a rece ss at 10:45 P.M. Council
reconvened at 11:00 P.M. Upon the c al l of the roll, the following
were present:
Schwab.
Councilmen Brown, Dhori ty , L a y, Lone, Parkinson,
Absent: Councilman Kreiling .
The Mayor declared a quorum presen t.
* * * * * *
BY AUTHORITY
ORDINANCE NO . 19, SER I ES OF 196 9
AN ORDINANCE REPEA LI NG AND RE-E NACTING WITH AMENDMENTS
SECTION 17.2 THROUGH AND INCLUDING 17 .2-12 OF THE MUNICIPAL CODE
OF THE CITY OF ENGLEWOOD REG ULATI NG THE OPERATION OF HEALTH
THERAP Y ESTABLISHMENTS AND THE PRACTICE OF MASSAGE.
(Copied in ful l i n t he official Ord ~n a nce Book.)
COUNCILMAN LAY MOVED , OUNC!LMAN DHORITY SECONDED, THAT
ORDINANCE NO. 19, SER IES OF 1 969, BE PASSED ON FINAL READING AND
ORDERED PUBLISHED IN FULL :N THE E GLEWOCD HERALD AND ENTERPRISE.
Upon the call of the rol l, t h e vote r esulted as follows:
Schwab.
Ayes: cou ncilmen Bro wn, Dh o r i ty, L a y, Lone , Parkinson,
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Nays: No n e.
Absent : Councilman Kreiling.
The Mayor declared t h e mo tion c arri ed .
* * * * * *
ORDINANCE NO. 20, SER I ES OF 1969
AN ORDINANCE AUTHOR I ZI NG THE I SSUANCE OF CITY OF
ENGLEWOOD, COLORADO, PAVING DISTRICT NO. 18 BONDS , PRESCRIBING
THE FORM OF SAID BONDS, AND PROVID I NG FOR THE PAYMENT OF SAID
BONDS AND THE INTEREST THEREON.
(Copied in full i n the offi cial Ordinance Book.)
COUNCILMAN DHORITY MOVED , COUNCILMAN LAY SECONDED, THAT
ORDINANCE NO. 20, SERIES OF 1969 BE PASSED ON FINAL READING AND
ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon the call of the roll , the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Lay, Lone, Parkinson,
Schwab.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
******
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE
CITY ENTER INTO AN AGREEMENT WITH BOB'S AUTO SERVICE, INC. FOR
HAULING AND REMOVAL OF ABANDONED VEHICLES AND THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Bro wn , Dhor i ty, Lay, Lone, Parkinson,
Schwab.
Nays: None.
Absent: Councilman Kre i l ~ng .
The Mayor declared the moti on carried.
* * * * * *
Introduced as a Bill by Councilman Parkinson and read in full,
A BILL FOR
AN ORDINA NCE ANNEX ING TO TH E CI TY OF ENGLEWOOD CERTAIN
REALTY OWNED BY THE CITY OF EN GL EWOOD DESCRIBED THEREIN AND DECLARING
AN EMERGENCY.
COUNC ILMAN PARK: SO
THAT THE PROPOS ED BILL FOR AN
FIRST READING. Upon the c a l:
follows:
MOVED , COUNCILMAN DHO RITY SECONDED,
EMERGENCY ORD INANC E BE PASSED ON
o f the r oll , th e vote resulted as
Ayes : Counc i men Brown, Dho r i t y , Lay , Lon e, Parkinson,
Schwab.
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Nays : None .
Absent: Counc'lman Kre i ling .
The Mayor decl ar ed the motion c a r ried .
* * * * *
RE SOLUTIO N NO. 1 8, S ER IES OF 1 969
RESO LUTION SUPPORTING THE CITY COUNCIL OF THE CITY OF
LITTLETON, COLORA DO AND THE GATES COM P A~J( I N THEIR EFFORTS TO
BRING AN IMPORTANT IND UST RI AL DEVELOPMENr TO THE SO UTH ARAPAHOE
COUNTY AREA.
(Copi e d in full i n the offici a l Reso lution Book.)
COUNCILMA N LONE MOVE~, COUN CILMAN PARKINSON SECONDED,
THAT RESOLUTION NO. 1 8 , SERIES OF 1 9 6 9 BE ADOPTED AND APPROVED.
Upon the call of the rol l , the v o t e res ult ed as follows:
Ayes: Cou n cilmen Brown , Dho r i ty , Lay , Lon e, Parkinson,
Schwab.
Nays: None.
Absent: Councilman Kre ili n g.
The Mayor declared the mot i on c arried.
* * * * * *
City Attorney Cr i swell i nfo rmed members of City Council
that the option agreement with Mr. Adams for the p u rchase of
acreage at the Centennial Park s ite expires o n May 21, 1969.
Mr. Criswell stated that as y e t approv a l from the Department of
Housing and Urban Development o f t he n e w l o c a tio n had not been
received. Mr . Criswell revi ewed v ar ious alt e r native actions that
could be taken with memb e r s o f Council.
City Manager Di a l ind ic a ted tha t individuals of the
Department of Housing and Urban Development h ad stated that pur-
chase of the Adams' property fo r Centenni a l Pa r k prior to the approval
of the site by the Washington , D.C . office wo u ld not jeopardize
reimbursement for the p u r ch as e .
It was the con s ensus of City Council t h at the City
Attorney exerc i se t he City's option to p urch as e the Adams' property.
* ~ * * * *
A lega l o pinion on Paving Di s t r ict No . 1 7 assessments
was received for the reco r d.
City Attorney Cr iswe reviewed the opinion with members
o f Ci t y Council and requested that those people in a ttend a nce a t
the May 12 , 1969, public hearing on Pav ng District No. 1 7 be
fo rwarded copies of the opinion.
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City Manage r Di a s t a t ed that the Conservative Ba ptist
Theo logic a l Seminary is presen tly served by a six-inch s anitary
s e wer run ning north from the Sem i~ar y pro perty line down Un ive rsity
to connect in with the C 'ty sewer on Floyd P ace. Mr. Dial sta t ed
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that during discuss ions w ~ h he Se~i ~a r y for a n exatio late
in 1968, the City had comm~tced to excend the s~x-inch sanitary
sewer approximately 40 0 fee t so ·th on u-.~v ers~ty to serve the
new construction o n th e proper y s hcu l d che opography require
such an extension . Mr. D~al sta ed h at wo representative s of
the Conservative Baptist Theolog~cal Sern~nary a ~d the City of
Englewood had de t erm1ned that t ha e x ~sting s ~x -~nch sanitary
sewer would not adequat ely serve h e development on the Seminary
property as it wa s a t an insuffic1er. grade, and members of the
Seminary have proposed o the c~ty cf Eng lewood that rather than
extend the six-inch sa.·t art sewer 400 feet so th that the City
of Englewood repl ace that sewe r WLth a n eight-1nch sanitary sewer
line with adequ a te grade; such a replaceme t would be only for
the length of the ex1.stu:g s~x-1 nc h sanitary sewer. Mr. Dial
stated that the cost of the e w san.i ary sewe r would approximate
$2,600, and as th1s departeo from normal C1ty policy he was
requesting approva l of the C1 y Council .
(Councilman Kre~ling entered the Council Chambers and
took his seat w~th Counc~l at 1 ,35 P .M.)
At th e conclu s icn of the d~scuss 'on it was the con-
sensus of City Counc1l that the san i tary sewer to be const ructed
to serve the Conservative Baptist Theologic al Seminary be reviewed
by the Water and Sewer Board.
City Manager Dial c a lled Co :.mcil ' s a t·tention to a
letter dated March 19 , 1969, from Mr. Robert D. Showalter
representing Columbia Savings and Loan Association requesting
that the City of Englewood grant an easement for parking ove r
a four-foot strip of land owned by the City which is north and
adjacent to the Columb1a Bu 'lding s~te 1n C1ndere lla City.
Mr. Dial presented a d~agr a m depicting the area upon which an
easement was requested.
Director of Publ c Works Waggoner appeared before
city council and stated t ha t the ity req i re~ d 'ag o al parking
on the site rath er th an perpe d1cul ar. Mr. Wa ggoner stated
that this would allow for a better traff1c flow w1 thin the
Center by the Columb1a Savi ngs and Loan Associat~on b~ild~ng
site.
After discussio ~t was the consensus of City Council
to refer the matter to the Bo ard of Adj stment and Appeals for
a determination as to whether an e a seme.t or encroachment agree-
ment should be granted.
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City Manager D1al remi n ded members of Ci ty Council that
the term of Mr. Harvey Mayer of t he Career Service Commiss ion
expires on June 1 , 1969.
...
City Ma nager D~al rE-qt.e:n.ed t.a members o f City Council
give their plans for at enda~.ce at he co:c.rado Mt.nic ipal League
meeting in Vail, Color a o, June 25 hro t.gh 28 , 19 9, t himself
or Mr. Bob Mack.
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City Manager Dial informed members of City Council that
the City had been pumping water from the South Platte into the
McLellan Reservoir for the last several days and that water to the
Allen Filter Plant had been obtained from the City Ditch with
the cooperation of the Denver Water Board. Mr. Dial stated that
due to the high turbidity, water from the Platte River was not
being pumped to the Allen Filter Plant.
* * * * * *
City Council discussed the complaints and objections
received in writing or presented orally at the May 12, 1969,
public hearing on Paving District No. 17. It was the con-
sensus of Council that a special meeting be held on Monday, May
26, 1969, to review these complaints and objections.
City Attorney Criswell noted that as it was now May
20 it would be possible to consider the emergency Bill for an
Ordinance annexing certain realty to the City.
BY AUTHORITY
ORDINANCE NO. 21, SERIES OF 1969
AN ORDINANCE ANNEXING TO THE CITY OF ENGLEWOOD CERTAIN
REALTY OWNED BY THE CITY OF ENGLEWOOD DESCRIBED THEREIN AND
DECLARING AN EMERGENCY.
(Copied in full in the official Ordinance Book .)
COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED,
THAT ORDINANCE NO. 21, SERIES OF 1969, BE PASSED ON FINAL
READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
Councilman Kreiling stated that he had been in a meeting
with Mr. Austin Moore, State Representative from Arapahoe County,
and that Mr. Moore had requested attendance at the June 16, 1969,
City Council meeting to discuss the 1969 Legislative Session.
It was the consensus of City Council that City Manager
Dial contact Representative Moore on their behalf.
* * * * * *
Councilman Parkinson requested that City Attorney Criswell
draft a resolution to go to the Colorado State Highway Department
setting forth the City of Englewood's position in favor of the
immediate construction of the Columbine Freeway due to the traffic
needs throughout the area.
* * * * * *
COUNCILMAN LAY MOVED , COUNCILMAN KREILING SECONDED,
THAT THE MEETING BE ADJO URNED. Upon the call of the roll, the
vote resulted as follows:
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Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Lone,
Parkinson, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried and the meeting adjourned
at 12:44 P.M.
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W ILLSON & lAMM
A Tl OANt:Y8 AT LAW
D£NVCq, COLOR.-DO
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0 O'ITY OU CIA •
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*A BILL FOR AN ORDI NANCE
**GaBINAUe! NO. =
AN ORDI NANCE APPROVI NG THE WHOLE COS T )F
THE IMPROVEME NT S MADE IN PAVI NG DIS TR J\ T
NO. 17, IN THE CITY OF ENG LEWOOD, COL • \DO;
APPROVI NG AND CO NF IRMI NG THE APPORTIO !\, I ~~T
. OF SAID COST TO EAC H LOT OR TRACT OF L.A 1 "D
IN SAID DISTRICT; ASSESSING A SHARE OF · \I D
COST AGA I NST EACH LOT OR TRACT OF LAND
THE DISTRIC T; PRESCRIBI NG THE MANNER FO R
THE COLLECTIO N AND PAYM ENT OF SAID ASSE S ~'
MENTS; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 10, Series 1968, i u al ly
passed and adopted on March 18, 1968, the City Coun ci '' s crea ted
Paving District No. 17, within the City of Englewood . f o ' the
purpose of constructing and installing certain stre ~ a nd a venue
improvements therein; and
WHEREAS, the improvements authoriz ed by sa i d Ordinan ce
have been completed and accepted by the City and the wh ole cost
of such improvements has been determined; and
WHEREAS, an assessment roll has been pre pared a n d a
statement showing the total cost of the improvements has b en duly
filed with the City Council and due notice was given that t h e City
Council would meet to hear and consider objections to the asse ss -
ment roll on Monday, May 12, 1969, and that the owners of property
named in said assessment roll might, on or before May 8, 1969,
file with the Director of Finance , in writing, his or their objection s
to the assessments; and
WHEREAS, the City Council has heard and considere d all
objections to the assessment r oll; and
*Insert on First Publication
**I nsert on Final Publication
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Lot ~ Subdivision
Roy E & Glady.s E 6
Worley
4595 South Knox Court
Akron Associates, Inc. 7
2500 South Broadway
Akron Associates, Inc. 8
2500 South Broadway
Akron Associates, Inc. 9
2500 South Broadway
Akron Associates, Inc.lO
2500 South Broadway
Albert R. & Vivian L. 10
Seip
4891 South Clarkson
Phillip R. & Arlene
Lavon Watkins
4887 South Clarkson
11
2
2
2
2
2
80
80
Pleasant View $237.28
Second Filing
Pleasant View $407.5 8
Second Filing
Pleasant View $414.75
Second Filing
Pleasant View $551.29
Second Filing
Pleasant View $361.81
Second Filing
Town &
Country
Town &
Country
$ 71.05
$460.84
None
$426.10
$470.52
$441.43
$634.66
$489.26
$ 42.63
Goorman Investments, 17-32
Inc.
6 Englewood $4,184.03 $4,387.84
940 West Hampden
The Park Floral Co.
1090 West Hampden
All that portion of $6,391.86 $6,188.05
Estate of Dorthea White
Glenn & Edward L. Glenn
c/o Edward L. Glenn Jr.
463 King
Louisville, Colorado
Robert E. & Mildred
Irene Woodward
3906 South Sherman
Englewood lying west
of S. Jason St. & east
of A T & S F R R Co.
R.O.W. bounded on the N
side by Hampden Ave. and
on the S. side by Kenyon
Ave. in NE~ of Sec.4-5-68
except book 1176 page 168
E~
N~
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7 F. P. Gumaers $526.75
Broadway
4-6 6
Heights
South Bdwy.
Heights
$421.93
Bernice A. Hyde
3511 South Clarkson
48-49 E~
1
Higgins
Englewood
Gardens
$476.77
Ben E. & Lily M.
Garcia
3636 South Elati
N 23' 18
of 27
&all
28
Englewood $134.19
$509.63
$353.42
$430.73
$ 88.22
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WHEREAS, the following corrections to t h e li s t of asr ss-
ments incorporated within Resolution No. 12, Series of 1 h9 is
necessary;
Nam e
Floyd H . & Velma Avis
4588 South Grant
Fred Joseph Vytlacil
4496 South Delaware
John William & Tessa
Dyer Johnson
1820 South Ogden
Elmer & Irene G.
Jungck
4606 S . Mariposa Dr.
Also:
Alvah C. & Beverly J.
Donnelly
4433 S outh Delaware
Paul c . Jamieson
1776 Krameria
Denver, Colorado 80220
Lot Block Subdivis i on
21 & 53 South Bd wy.
22 Height s
23 & 13 Wolle r.-..,ebers
24 BroadY-ay
Heighc s, Second
Addi t ion
41 &
42
2 Wym·t.ka
Hei o h ts
s. 75'
14 & 15
Be .Le Isle
Ga 1·j ens
Publish •fi Corr /·ted
$128.40 $ "' .. 60
$486. 8 J. $<1 86.31
$370.0 ·l $370.07
$326. J 2 $196.41
New
Lots 32-36 , r:;. ·::ept $1, 1 70. , ' ; 1 , 740. 19
the north 3~ 1 '· et of
the east 62 fe ·t o f
Lot 38, Block 1 ?,
Wollenwebers Bro ;.,d way
Heights, second f t ling
The north 3~ feet ,,f $1. 34 b. 7 0 $77 8.69
the east 62 feet o f
lot 38, and all 39 -~l
block 12, Wollenweb ,,rs
Broadway Heights, s e c o nd
filing
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WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
the sum of $428,960.45, of which amount the City of Englewood
will pay $ Stl1 'S'-{3, ~'I , leaving $ 3 'i [ t../ It 6!:1_ to be assessed
against the .real property in said District, said amount including
costs of inspection, collection and other incidentals and also
including interest as allowed by law; and
WHEREAS ; from said statement it also appears that the
City Council has apportioned a share of the said whole cost to
each lot or tract of land in said District, in accordance with the
benefits to be derived by said property and in the proportions and
amounts severally set forth in a Resolution adopted by the City
Council on the ~day of b\Co.<J.; , 1969, and in a public notice
published in the Englewood Herald and Enterprise,which Resolution
and Notice are by reference made a part hereof;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That the whole cost and apportionment of the
same, as set forth in said Resolution and Notice, and as amended
herein, is hereby approved and confirmed, and said apportionment
is hereby declared to be in accordance with the benefits which the 1
property in the District will receive by reason of the construe-
tion of said improvements, and a share of said cost is hereby as-
sessed to and upon each lot or tract of land within the District
in the proportions and amounts set forth in said Resolution and
Notice, as amended.
Section 2. That said assessments shall be due and pay-
able at the office of the Direc tor of Finance, within thirty days
after the final publication of this Ordinance, without demand;
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provided that all such assessments may, at th e election of the
prop erty owne~, be paid in installments, with interest as here-
inafter provided. Failure to pay the whole assessment within
said period of thirty days shall be conclusively considered and
held an election on the part of all persons interested, whether
under disability or otherwise, to pay in such installments.
Such election shall be conclusively held and con-
sidered as a waiver of any right to question the power or juris-
diction of the City of Englewood to construct the improvements,
the quality of the work, the regularity or sufficiency of the
proceedings, or the validity or the correctness of the assessments,
or the validity of the lien thereof .
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County Treasurer
of Arapahoe County, Colorado, in ten (10) equal annual installments
of principal, the first of which installments of principal shall be
due and payable on or before the lst day of j ,. •6f , 19J:l=: and
the remainder of said installments shall be due and payable successive
on or before the lst day of tJ,. • ..,. , in each year thereafter,
ifF
until paid in full, with interest ~he principal at the
? tr7~ · 1 rate of six per centum (6%) per a num)f ayable each year at the
t ' f . g ' t 11 t f ' ' l -!-4. 1 IVQ.. 1.me o pay1.n 1.ns a men s o pr1.nc1.pa.J -= ,_-.,..,
Section 3. Failure to pay any installment, whether of
principal or interest, when due shall cause the whole of the un-
paid principal to become due and payable immediately, and the whole
amount of the unpaid principal and accrued interest shall thereafter
draw interest at the rate of one per centum (1%) per month, or
fraction of a month, until the date of tax sale, as by provided by
law. At any time prior to the date of the tax sale, any owner may
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pay the amount of all unpaid installments with interest at one
per centum (1%) per month, or fraction of a month, upon all
delinquent installments, and all penalties accrued and shall
thereupon be restored to the right thereaft~r to pay in install-
ments in the same manner as if default had not been suffered.
The owner of any property not in default as to any installment
or payment may, at any time, pay the whole of the unpaid prin-
cipal with accrued interest to the date of the next assessment
installment payment date.
Section 4. Payments may be made to the Director of
Finance at any time within thirty days after the final publication
of this Ordinance, and an allowance of five per centum (5%) will
be made on all payments made during such period, but not thereafter.
Immediately after the expiration of such thirty day period, said
assessments shall be certified to the County Treasurer of Arapahoe
County, Colorado, for collection, as provided by law.
Section 5. That if any tract or parcel of property
included within Paving District No. 17 is hereafter divided or
subdivided into two or more such tracts or parcels, the Director
of Finance, with the assistance of the Director of Public Works,
is hereby authorized and directed, from time to time as occasion
may arise, to divide the assessments of such specific parcels with-
in the District, proportionate to the division of the parcels of
real property against which the same may be assessed, and to certify
the revised assessments to the Treasurer of Arapahoe County, Colo-
rado.
Section 6. That if any one or more sections or parts of
this Ordinance shall be adjudged unenforceable or invalid, such
judgment shall not affect, impair or inva lidate the r e ma i n ing pro -
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vision s of this Ordin ance, it being the intention that the various
provisions hereof are severable.
Section 7. By reason of the fact that bonds of said
Paving District No. 17 are now outstanding and i nterest thereon will
shor tly become due and payable, funds must be made available from
assessments at the earliest possible date for paym ent of such in-
terest, and for the immediate preservation of the public property,
health, peace and safety, it is hereby declared that an emergency
exists and that this Ordinance shall take effect upon its final
passage.
Section 8 . All ordinances, or parts thereof, in conflict
herewith are hereby repealed. This Ordinance, after its final passage,
shall be recorded in a book kept for . that purpos e, shall be auth-
enticated by the signatures of the Mayor and Director of Finance,
and shall be published in the Englewood Herald, a newspaper of
general circulation published in said City, within seven days after
its final passage, and shall be and remain irrepealable until the
assessments hereby made shall be paid in full.
Section 9. A public Hearing on the Ordinance will be
held at the City Hall in Englewood, Colorado, on Monday, the ~
day of June, 1969, at the hour of 8:00 o'clock P .M., before con-
sideration by the City Council of its final passage and adoption.
INTRODUCED AND READ This -ie!-day of ~969.
( S E A L )
Mayor
ATTEST:
Director of F1nance
(To appear in final publication)
FINALLY ADOPT ED AND APP~OVED This 2nd day of June, 1969 .
( S E A L
ATTEST:
Director of Finance ----
Ma yor
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W tLLSDN & l...,.."''
Al TDII!NrYa AT UW
Ot.NVIE:It. C:.OLCIItAOO
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*A BILL FOR AN ORDINANCE
AN ORDINANCE APPROVING THE WHOLE COST OF
THE IMPROVEMENTS MADE IN PAVI NG DISTRICT
NO. 17, IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT
·oF SAID COST TO EACH LOT OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN
THE DISTRICT; PRESCRIBING THE MA NNE R FOR
THE COLLECTION AND PAYME NT OF SAID ASSESS-
MENTS; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 10, Series 1968, finally
passed and adopted on March 18, 1968, the City Council has created
Paving District No. 17, within the City of Englewood, for the
purpose of constructing and installing certain street and avenue
improvements therein; and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the City and the whole cost
of such improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the improvements has been duly
filed with the City Council and due notice was given that the City
Council would meet to hear and consider objections to the assess-
ment roll on Monday, May 12, 1969, and that the owners of property
named in said assessment roll might, on or before May 8, 1969,
file with the Director of Finance, in writing, his or their objections
to the assessments; and
WHEREAS, the City Council has heard and considered all
objections to the assessment roll; and
*Insert on First Publication
**Insert on Final Public ation
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Name Lot Block Subdivision Oriqinal ~
Roy E & Glady~· E 6
Worley
4595 South Knox Court
Akron Associates, Inc. 7
2500 South Broadway
Akron Associates, Inc. B.
2500 South Broadway
Akron Associates, Inc. 9
2500 South Broadway
Akron Associates, Inc.lO
2500 South Broadway
Albert R. & Vivian L. 10
Seip
4891 South Clarkson
Phillip R. & Arlene 11
Lavon watkins
4887 South Clarkson
2
2
2
2
2
80
80
Pleasant View $237.28 None
Second Filing
Pleasant View $407.SB $426.1 0
Second Filing
Pleasant View $414.75 $470.5_2
Second Filing
Pleasant View $551.29 $441.43
Second Filing
Pleasant View $361.81 $634.66
Second Filing
Town & $ 71.05 $489.26
Country
Town & ·$460.84 $ 42.63
Country
Goorman Investments, 17-32
Inc.
6 Englewood $4,184.03 $4,387.84
940 West Hampden
The Park Floral co.
1090 West Hampden
All that portion of $6,391.86 $6,188.05
Englewood lying west
of S. Jason St. & east
o~ A T & S F R R Co.
R.O.W. bounded on the N
side by Hampden Ave. and
on the s. side by Kenyon
Ave. in NE~ of Sec.4-5-68
except book 1176 page 168
Estate of Dorthea White
Glenn & Edward L. Glenn
c/o Edward L. Glenn Jr,
463 King
E~
N~
plot
1
7 F. P. Gumaers $526.75
Broadway
Louisville, Colorado
Robert E. & Mildred
Irene Woodward
4-6 6
Heights
South Bdwy.
Heights
$421.93
$509.63
$353.42
3906 South Sherman
Bernice A. Hyde
3511 South Clarkson
48-49 E~ Higgins $476.77 $430.73 /
Ben E. & Lily M.
Garcia
3636 South Elati
N 23'
of 27
& all
28
1
18
Englewood
Gardens
Englewood $134.19 $ 88.22 "
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WHEREAS, the following corrections to the list of assess-
ments incorporated within Resolution No. 12, Series of 1969 is
necessary;
Name Lot Block Subdivision Published Corrected
Floyd H. & Velma Avis
4588 South Grant
Fred Joseph Vytlacil
4496 South Delaware
John William & Tessa
Dyer Johnson
1820 South Ogden
Elmer & Irene G.
Jungck
4606 S. Mariposa Dr.
Also:
Alvah C. & Beverly J.
Donnelly
4433 South Delaware
Paul C. Jamieson
1776 Krameria
Denver, Colorado 80220
21 &
22
23 &
24
41 &
42
53 South Bdwy. $128.40
Heights
13 Wollenwebers $486.81
Broadway
Heights, Second
Addition
2 Wynetka $370.04
Heights
s. 75.
14 & 15
Belle Isle
Gardens
$326.12
Original
$ 85.60
$486.31
$370.07
$196.41
New
Lots 32-36, except $1,170.18 $1,740.19
the north 3~ feet of
the east 62 feet of
Lot 38, Block 12,
Wollenwebers Broadway
Heights, second filing
The north 3~ feet of $1,348.70
the east 62 feet of
lot 38, and all 39-41
block 12, Wollenwebers
Broadway Heights, second
filing
$778.69
/
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WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
the sum of $428,960.45, of which amount the City of Englewood
will pay$ S0,5'-f~)ll , leaving$ 3j~,'-/I{,,,Lj to be assessed
against the .real property in said Distri ct, said amount including
costs of inspection, collection and other incidentals and also
including interest as allowed by law; and
WHEREAS ; from said statement it also appears that the
City Council has apportioned a share of the said whole cost to
each lot or tract of land in said District, in accordance with the
benefits to be derived by said property and in the proportions and
amounts severally set forth in a Resolution adopted by the City
~------------------------------------
Council on the /.1lL_ day of h\C1 ~ , 1969, and in a public notice
published in the Englewood Herald and Enterprise,which Resolution
and Notice are by reference made a part hereof;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That the whole cost and apportionment of the
same, as set forth in said Resolution and Notice, and as amended
herein, is hereby approved and confirmed, and said apportionment
is hereby declared to be in accordance with the benefits which the
property in the District will receive by reason of ·the construe-
tion of said improvements, and a share of said cost is hereby as-
sessed to and upon each lot or tract of land within the District
in the proportions and amounts set forth in said Resolution and
Notice, as amended.
Section 2. That said assessments shall be due and pay-
able at the office of the Director of Finance, within thirty days
after the final publication of this Ordinance, without demand;
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provided that all such assessments may, at the election of the
.Property owner, be paid in installments, with interest as here-
inafter provided. Failure to pay the whole assessment within
said period of thirty days shall be conclusively considered and
held an election on the part of all persons interested, whether
under disability or otherwise, to pay in such installments.
Such election shall be conclusively held and con-
sidered as a waiver of any right to question the power or juris -
diction of the City of Englewood to construct the improvements,
the quality of the work, the regularity or sufficiency of the
proceedings, or the validity or the correctness of the assessments,
or the validity of the lien thereof ..
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County Treasurer
of Arapahoe County, Colorado, in ten (10) equal annual installments
of principal, the first of which installments of principal shall be
due and payable on or before the 1st day of j , '"f , 19~ and
the remainder of said installments shall be due and payable successively
on or before the 1st day of a .,.,. ' in each year thereafter'
(j
until paid in full, with interest~he principal at the t rr7t:J..
rate of six per centum (6%) per a n~ ayable each year at the
t . f . . t 11 t f . . 1 -1-(l. 1 lfZO ~me o pay~ng ~ns a men s o pr~nc~pa. I -= ,.-F' A&.
Section 3. Failure to pay any installment, whether of
principal or interest, when due shall cause the whole of the un-
paid principal to become due and payable immediately, and the whole
amount of the unpaid principal and accrued interest shall thereafter
draw interest at the rate of one per centum (1%) per month, or
fraction of a month, until the date of tax sale, as by provided by
law. At any time prior to the date of the tax sale, any owner may
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pay the amount of all unpaid installments with interest at one
p _er centum (l'7o) per month, or fraction of a month, upon all
delinquent installments, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if default had not been suffered.
The owner of any property not in default as to any installment
or payment may, at any time, pay the whole of the unpaid prin-
cipal with accrued interest to the date of the next assessment
installment payment date.
Section 4. Payments may be made to the Director of
Finance at any time within thirty days after the final publication
of this Ordinance, and an allowance of five per centum (5%) will
be made on all payments made during such period, but not thereafter.
Immediately after the expiration of such thirty day period, said
assessments shall be certified to the County Treasurer of Arapahoe
County, Colorado, for collection, as provided by law.
Section 5. That if any tract or parcel of property
included within Paving District No. 17 is hereafter divided or
subdivided into two or more such tracts or parcels, the Director
of Finance, with the assistance of the Director of Public Works,
is hereby authorized and directed, from time to time as occasion
may arise, to divide the assessments of such specific parcels with-
in the District, proportionate to the division of the parcels of
real property against which the same may be assessed, and to certify
the revised assessments to the Treasurer of Arapahoe County, Colo -
rado.
Se ction 6. That i f any one or more sec t ion s or p a r ts o f
this Ord inance sha l l b e a d judged u nenf orcea bl e o r inva l i d, such
judgment shall not affec t, i mp ai r or i nv a l i d ate t he remaining p r o -
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visions of this Ordinance, it being the intention that the various
provisions hereof are severable.
Section 7. By reason of the fact that bonds of said
Paving District No. 17 are now outstanding and interest thereon will
shortly become due and payable, funds must be made available from
assessments at the earliest possible date for payment of such in-
terest, and for the immediate preservation of the public property,
health, peace and safety, it is hereby declared that an emergency
exists and that this Ordinance shall take effect upon its final
passage.
Section 8. All ordinances, or parts thereof, in conflict
herewith are hereby repealed. This Ordinance, after its final passage,
shall be recorded in a book kept for . that purpose, shall be auth-
enticated by the signatures of the Mayor and Director of Finance,
and shall be published in the Englewood Herald, a newspaper of
general circulation published in said City, within sev e n days after
its final passage, and shall be and remain irrepealable until the
assessments hereby made shall be paid in full.
Section 9. A public Hearing on the Ordinance will be
held at the City Hall in Englewood, Colorado, on Monday, the~
day of June, 1969, at the hour of 8:00 o'clock P .M.·, before con-
sideration by the City Council of its final passage and adoption.
INTRODUCED AND READ This ~~day of ~~969.
( S E A L )
Mayor
ATTEST:
Director of F1nance
(To appear in final publication)
FINALLY ADOPTED AND APPROVED This 2nd day of June, 1969.
( S E A L
ATTEST:
Director of Finance
Ma yor
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OFFICIAL
<:TTY COU C!L OOCU iEN1I
p~T~~r •) TO
Jli H 2 '69
COUNCIL M EET1 G FILE COU t .r 1•.
CITY OE ENGLEWOOD, COLO. ~ Q£ £NGU=:>.-wo -"SPECtro:.4::rrtZEN PROGRAM INVITEESU -June z-;--·I'9"!5'9' 00, CQL.,Q.
Prec i nct No. 1 -Mr. and Mrs. Henry J. Hilton, 2195 West College Avenue
Precinct No. 2 -Mr . and Mrs. Walter Boettger, 2845 South Pennsylvania Street
Precinct No. 3 -Mr. and Mrs. A. L. Berger, 2790 South Ogden Street
Precinct No. 4 -Mr. and Mrs. H. L. Okeneske, 3547 South Bannock Street
Precinct No. 5 -Mr. and Mrs. R. E. Wessbecker, 3360 South Logan Street
Precinct No. 6 -Mr. and Mrs. Fernando Benavediz, 3215 South Corona Street
Precinct No. 7 -Mr. and Mrs. Brice C. Driskill, 2935 South Lafayette Drive
Prec inct No. 8 -Mr. and Mrs. John A. Worden, 2288 East Eastman Avenue
Precinct No. 9 -Mr . and Mrs. Kenneth L. Garrett, 3810 South Fox Street
Precinct No . 10 -Mr. and Mrs. Walter F. Gregg, 4020 South Logan Street
P recinct No. 11 -Mr. and Mrs. W. D. Lambert, 4295 South Pearl Street
Prec i nct No. 12 -Mr. md Mrs. Verlin H. Creed, 950 West Stanford Drive
Precinct No. 13 -Mr. and Mrs. John Baldwin, 4691 South Grant Street
~net No. 14-Mr.and Mrs. Gene Snyder, 4775 South Pennsylvania Street
Precinct No . 15 -Mr.and Mrs. James Johnson, 4790 South Galapago Street
Prec inct No. 16 -Mr . and Mrs. Roman Demarais, 2908 West Tanforan Avenue
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"""0 e.I'Pv 0FFfC/ RESOL UTION NO . ~-S ER!:ES F L""'96'9 COUNCiL O~ l
n TunN To CUM~NT
A RE SOLUTION DEC LARTNv ThE I~TEN1 OF TrlE C I ~Y ~~~goF
THE CITY OF ENGLEW OOD , OL ORA;)O , 'I'O CREA E A -~~e~ENT DISTRIC. T
IN SAID CITY , TO BE KNOWN AS s -DE WAL K ~MPRO ~ 6~~L 9:
ADOPTING DETA ILS AND SPEC TF :CATIONS THE REF 0 R • ES~A .0~.
AND PLACE FOR A PUBL HEAR NG UPO. .ci E CREA":" ~.J F A D DISTR . ,
AND ORDERING PUB TCAT ON AND MA T LJ 'G OF NO , :C E THEREO F TO THE
OWNERS OF PROPERTY TO BE ASSESSED W:TH~. TH E DI S RJCT .
WHEREAS Art icle X , Sec .:on 107 , o f 1.he harter o f he City of
Englewood , and the prov."sions of Ordina:Jc.e No · 4 , Ser 'es of 1965,
also known as Chapter 1 4 o f the Mun 'c 'pa C < e autho rize the Ci ty
Council of the City o f Englew o d o n .1.ts OW'l n 1tl a tive and without
the necess ity of any pe 1t 'on by t:.he affec ed andc wners , to create
local improvement distr1cts for he con s .rue 'o n, 1nstallation or
improvement of any publ ic i mproveme n t , o r a n y appurten an ces,
extensions or renewals ther eo f ,wh ich c on f er a spec al benefit upon
the property within the dis ric , and
WHEREAS City Counc i has here o f or d
construction and insta l l a 1 0 of h n se mpr ~v m n s
hereinbelow would serve t:he p...b .:c we1 f are a r d wo ·a con fer a
special benefi t upon the rea property ab .~g the same and, for
this reason , has c aus ed he D 'rec or of Pub i Work s to prepare
preliminary surveys , est i ma es and maps in r e.l.at:1ons thereto, which
surveys, estimates and maps are now on f 'le 1 n he o ffice of the
Director or Pub lic Wo rks ,
NOW; THEREFORE , BE IT RESO LVED BY THE I T COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO , as f o · o ws :
1. That, sub ject to the pro vis~o .s a nd cond' ion s contained
within the Charter of the C1ty o f Eng ewcod , Ord 'nance No. 14
Series of 1965 , and any appl1cabl e stat te , i ty C u nci l hereby
declares that it is its i n t e n t to c reate a loc al i mprovement
district, to be known as Sidewalk Impr emen D ~str lc t No . 69, for
the construction and insta a 1.0n o f trose p·~l ·c 1 mpro vements here -
inbelow described .
2. That the s rveys , est mates a na ma p s h ere:of o r prepared
b y the Director of Pub l c W rk s are hereby appro ed and adopted by
this Counc il for use i n he on s ~ruc on a n d r.s ·a a 1on of those
improvements to be made 1n e pr -posed Lrrprc,ceme'l d 1 s r1ct.
3. lev ed f e r sa td 1mprovements
shall be due and payable w · ~ y d s f .tr.rr· d af er he
final publica ion of the o rd .-~"ce as sess :.n g ~.re w o e a ct al c o s
of said improvement s aga 'n s ~ _ e r ea pr o per'y ~n s&'d ui s r i ct.
In case any owner o f rea -e sha "~ f ·~ • pay e who e o f such
assessment against h 's proper ~ ~h ~r s d ys, en he
whole cost of the i mpro emen s so his proper y
shall be payabl e n f 'v e eq v : o f pr ' cipa ,
with interest on unpa 'd in~ -~~rre ~ s a of 6% per annum ,
payable annu a lly : h e f s .~-&._rrer .s u f sa 'd pr c pa l
and interest sha ll be d a db.e a· s ~c h -:ne as may be de er-
mined in and by he as s ~ · ~.e t ema.:.. der of
s aid annual ins ·allmen: d • ·eLbi ~a :~ be d u e a nd
payable successively , E:d< h y es r ·'hE:~.-f';er un
all are pai d in f u ·•
4 . That t h pro p r-•,
shall be the pro per y ·-i r •• r
Ct: ... ...,~t. .. :tt:~ f
r.: ~ls· r_c 3
-,· : ~n :t=t ~ errents
c .• · y e :-.ef ' ed by
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said improvements, as more particularl y described in the Notice
hereinafter set forth.
5. That th~re shall be prepared a n ordinance in conformity
with the provisions of the City Charter a nd Ordinance No. 14,
Series of 1965, creating within the corporate limits of said City
a local improvement district to be k own as Sidewa lk Improvement
District No. 69: provi d ing for the construction in said District
of the improvements, a ll as is in this Resolution set forth and
described, and in accorda nc e with the report, plans, maps,
specifications, details a nd estimat es of the Director of Public
Works of said City, herein referred to .
6. That the proposed ord inance wi 1 be introduced as a Bill
at the regular meeting of the City Council a t 8 :00 o'clock p.m.
on the 2nd day of June, 1969 .
7. That a public hearing upon the creation of such district
and upon the Bill for an Ordinance , referred to above, shall be
held before City Council at City Hall, 3400 South Elati, Englewood,
Colorado, to commence at 8:00 o'clock p.m. on Monday, July 7, 1969,
and that notice of the proposed improvements be given by the City
Clerk and published in the Englewood Herald and Enterprise, a news-
paper published and of general circul at i on in said City, in three
consecutive weekly editions , therein giving Notice to the owners
of the property to be assessed of the matters and things required
by law. At or about the time of the first publication, Notice
shall also be given by prepaid mail to all known owners of property
to be assessed with the cost of said improvements.
8. The notice to be published shall be in substantially the
following form:
NOTICE OF PUBLIC HEARING UPON CREATION
OF A LOCAL IMPROVEMENT DISTRICT IN
ENGLEWOOD , COLORADO, TO BE KNOWN AS
SIDEWALK IMPROVEMENT DISTRICT NO. 69,
TO MAKE CERTAIN INSTALLATIONS AND
IMPROVEMENTS TO SIDEWALKS THEREIN,
AND OF A HEARING UPON A BILL FOR AN
ORDINANCE CREATING SUCH DISTRICT.
All owners of real estate and property hereinafter described,
and all persons generally, are hereby notified that the City Council
of Englewood, Colorado , pursuant to its own order, under the
provisions of its home-rule charter, has approved and adopted
certain surveys, estimates, maps, plans and specifications for the
installation and construction of sidewalks within and for a proposed
local improvement district within the corporate limits of Englewood,
Colorado, to be known as Sidewa k Improvement District No. 69, has
adopted a reeolution of its intent to create such district and has
directed that a Bill for an Ordinance, creating such district, be
introduced at its regular meeting on Monday, July 7, 1969.
Said persons are further notified as fo llows :
(a) The improvements to be installed in said
district consist of ~he necessary installation,
removal and repl acement of concrete sidewalk,
curb and gutter, toget her with the appurtenances
and incidentials, in the City's r i ght-of-way
contiguous to the fol lowing Lots and Blocks:
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LOCATION
2700 block of
South Acoma St.
2800 block of
South Acoma St.
2900 block of
South Acoma St.
3000 block of
South Acoma St.
LOT§.
1-24
25 -48
1-24
25-48
1-24
25-48
1-24
25-48
BLOCK
9
10
16
15
17
18
24
23
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SU BD IVISION
dlew..i.:..
Idlew d
Idlewild
Idlewild
Speers Broadway Addition
Speers Bro adway Addition
Speers Broadway Addition
Speers Broadway Addition
3000 block of
South Bannock St.
1-24
25-48
23
22
Speers Broadway Addition
Speers Broadwa y Addition
3100 block of 1-24 3 Hee's Addition
South Cherokee St. 3-12 Henry Add ition
& that part of the NE~ SW~ Section 34 T4S,
R68W of the 6th P.M. described as follows:
Beginning at a point on the south line of
West Dartmouth Avenue 1 66 .3 feet eas t of
the west line of s a i d NE~ SW~: thence east
12 5 feet to the west line o f South Cherokee
Street : thence sou th a long sai d west line
100 feet: thence west along the north line
of Lot 3, Henry Ad di tion 125 feet to a point:
thence north 100 feet to the point of beginning.
(b) The real property to be included within the
district shall consist of realty described here-
inabove.
(c) The probable total cost o f the improvements
within said district is $17 ,222.98 a n d the amount
of funds of the City whic h i s to be devoted to
said improvements i s approxima tely $1,852 .32. The
balance of the total probable cost (being approxi-
mately $15 ,370.66 ) is to be pai d by spec i al
assessments to be levied upon each parcel of the
real property hereinabove descri bed.
(d) All assessments levied aga in st t he aforesaid
parcels of real property will be due and payable,
without demand, within thirty days from and after
the final publications of an ordinance assessing
the costs of said i mprovements against the real
property in the district . I n case any owner of
real property shall fail to pay whole of such
assessment against h i s property within said thirty
days, then, the pro rata cost of sai d improvements
so assessed against h is property, t ogether with
interest at the rate o f 6% per annum on any unpaid
balance , shall be payable in f ive equal annual
installments. The f irst of s uch ins t allments of
pri ncipal and interest shall b e due and payable at
such time as may be deterrn ned i a n d by the assessing
ord inance, and the remainder of sa i d installments
shall be due and payab le s uccess i vel y on the same day
of each year the reaf ~er , ur.t i l a l: are paid in full.
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(e) As shown by the estimates of the Director of
Public Works, the probab l e costs to be assessed
against the real property within the district for
said improvements, are :
Vertical curb and gutter $3.38 per lin. ft.
Sidewalk (4'' thick ) • 83 per sq. ft •
Driveway (6" thick ) 1.05 per sq. ft.
Removal of old sidewalks .23 per sq. ft.
Removal of old vertical • 83 per lin. ft .
\curb and g utter
Saw concrete 2.63 per lin. ft.
(f) That any person desiring to be heard upon the
issue of the creation of the district, upon the
construction, installation or the improvements
involved, or upon the Bill for 'an Ordinance to be
introduced, may appear at the above time and place
for that purpose .
Dated this 2nd day of June, 1969.
Publish in the Englewood Herald and Enterprise.
Publish on June 12, 19 and 26, 1969.
I, Stephen A. Lyon, City Clerk-Treasurer of the City of
Englewood do hereby certify that the above and foregoing is a
true, accurate and complete copy of a resolution passed by the
City Council of the ·city of Englewood at a regular meeting
held on June 2, 1969.
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E lewood Ci ty Co unc i l :
':.'e , the under signed property owne r s and resid ent s o f the a rea surrounding
'•lest t mouth Park r espec tfulJ.y pet i t ion you t o construct a swinnning pool
1rithin this park .
'-le c all your attent ion to the fac t there is no swimm:i.ng pool for this
aBea and t he smn.ll c hildren must c r oss the freeway of highway 70 and t h e
t hroueh s treet of 3outh oach~a.r to et to the swi.rn!l1in& pool a t the high
school .
NAME STREET & NUMBER
errv OFFrcrA L' cou r11 0 1 · ,-, , OCUME:N T'
,/i,IJ .'?' .
. COU NCIL ;.
Cfn: OE. f:NGL EV'wuu.u , CQ ~
CITY STATE DAT E
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NAME STREET & NUMBER CITY ' v::'ATE DATE
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'o , t !:o un:lcr ::li.(';l10d rcy c: 'TlOrs arx!. resident s of the a..-..oa ::mr:ro'-'-'"'=' I1G
"ost :'m-tmouth Park reS"llCtfully pot tion ycu to const ct n -~~-pool
11it in this por k . -
· 'o call y attention t o tile fact t horo io no 0\ri.r d..ne pool f o this
:lli!OO. :md tlt~ ~11 c hildron ru:Jt cross 1e free\· :r of hiclnm;r 7 0 m:d the
t 1 s treet of J outh "'rood11 -to c et to the TLrJinr-1 o.t the hieh
sch ool.
NAME STREE'l' & NUMBER CITY STATE DATE
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STREET & NUMBER
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STATE DATE
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ENGLEWOOD , COLORADO B 0 1 1 0
OIIICI 01
CAIIII SIIYfCI
UOO JOUTN llAJI SfllfT
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May 29, 1969
Hon o rable Mayor Elmer S chwab
Members of City Council
City of Englewood
Englewood, Colorado
Gentlemen:
I would like to recommend that Mr. Harvey Mayer be re-
appointed to serve another six year term on the Board of
Career Service Commissioners in view of the fact that he
has done excellent work in the six years he has served.
J . F. DEVIVIER, Chairman
Board of Career Service Commissioners
JFD/lc
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ENGLEWOOD PARKS & REC::tEATION COMMISSI~UNCI
Minutes of Ma.y 14 , 1969 Cll:X OF, £~G~E 'TING FIL E
EWooo, COLO.
. The regular monthly meeting of the Engle'rrood Parks & Recreation Commission
was called to order by Colbert Cushing, obalrm·m, at 7:40p.m. in the Recreation Office,
3400 South Elatl.
Members present: Cushing, Beier, Jorgt:nsen, KreiUng, Blessing, Allen, Lay
and Romans, ex-officlo.
Members absent: none
Also present: Jncquea Stackhouse, President Englewood Recreation Council
Pat Horsley, Vice President Englewood Recreation Councll
Jtm Hobson, Secre~'Y Englewood Recreation Counotl
Mr. Stackhouse introduced the other offlcors of the Recreation Council to the
Commiasion. They were welcomed by the chairman who stated his hope is that the Com-
mission can work more closely with the Council and welcomed any ideas they might have
on programming, facillt!es, etc.
Allen moved, Jorgensen seconded, that th'3 minutes of the April 9, 1969 meeting be
approved as printed. Motion csrrled.
The financial stetement for month of Apri was reviewed. Income for the month -
$15,995. 45; expense for month -$5,091. 90; percentage of Income collected as of April 30 -
27. 78%; percentage of expense dlsbursed a.s of l•[)rll 30 -18.70%. Jorgensen moved, Beier
seconded, that the report be accepted u presen!ud. Motion carried.
The llst of expenditures for month of April was not available-.
George Allen reported on the last meeting of the golf committee. He stated thet the
committee has decided to meet one again with Littleton to try to determine whether or not
they are Interested. Englewood fa invesUgating the posatblllty of government funding.
KreUtng is contacting the Englewood' Water Bo:n-d to se-e if the McLellan site c1111 be obtained
on a long range payment plan. The hooding mar ket ia alao being tnvestlgated by the Director
,
of Finance. Englewood Is proceeding at this Une under the a.ssumption that there will be no
financial help from the government or participa.ion from Littleton.
Mr. Romans said he had contacted Manle~·. Inc. to see If the same type of agreement
could be entered Into with them to provide a concession stand operation at the outdoor pool
u we now have at Belleview Park. He stated ere is a need for this at the pool beciiUIIe
the coin operated vending machines now tn openUon are Tet'J unsatisfactory. Manley, Inc.
hu offered to erect a prefabricated painted metal bnlldtng wbloh would be temporary
unUl a bathhouse Ia constructed. This would be paid for by prooeed8 from tbe OODOMsioll
JUN 2 1111
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Parks " Recreation Commission
Minutes of May 14, 1969
Page -2-
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operation the same as Belleview. Jorgensen moved, Blessing seoonded, that recommendation
be made to City Council that the City of Englewood enter Into an ap-eement wtth Manley, Inc.
to provide a concession stand operation at the Slllclalr Swlm Pool to be paid the same as the
Belleview Park concession operation. Motion carried.
The tour of Englewood parka will be May M. weather permitting. starting at 9:00a.m.
from City Hall. Plan to have lunch at Da.rtmou\.b Park.
The Commission was rominded of the joint meeting with the City Council on JulJ 21.
The place to be determined. Mr. Romans statOO. the City Manager wants the department
head to review the work of the department with Informal discusston follow111g. Mr. Cuahlng
and Mr. Romans will confer prior to this meeting to determine what will be covered.
The Belleview ~ dltlon area bu been leveled and lt should be completed by the time
school is out. There has been a change order on this project amounting to approximately
$100.00 Increase to change the ourb cut to take care of drntnnge. This area will accommo-
date 125 cars.
The approval to change the looatlon of Centennial Park has not yet been received from
the HUD ofiloe 1n Waahington. The specWcatiOIIB are ready whenever this Is received.
The Capital Improvement Program, as presented to the Plalmlng Commission, was
again reviewed. The fact that the golf course complex Is Usted as number one prlorlty does
not mean the other projects would be delayed untll after this project ta completed. The
money for the golf course would come from re renue bonds and not capltaltmprovemeot montes.
The capital improvement Ust w1ll ~available br review on the tour and wll be discussed
further and reevaluated at tile next meeting.
M.r. Romans reported that he had attended several meeUnga with Hans Rob1nsoo and
Mayor Schwab concerning the lighting of the Hi ah School ball field . Thoy have diecu.saed
various meMs of accomplishing this bat Mr. Jlomans and the School Board, according to
&r. Jorgenaen, feel that a Ughtlng engl:aeer should be fJllg&&ed so the job would be done
aaUsfactorily. Mr. JorgenaeD also stated the:. the So~l Bo&rd could not Juetlfy the partie!-
pat.ion of the School Dlatrtct tn th1e prujeot. Th1a Ia ntUIIber ll1De oo the Parka Capital Im-
provement prtorlty u.t.
About thr .. -fourth.s of the grua 1a up Jason Park and KeeeoD 1a waitblg unUl tbe
weather Ia warm«' to detenntne Ju.at what hu to be reiiMded.
CUSNd. The Commission directed Kr. RoJD&U to oontaot Mr. Ferau-n to see what tbe
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Parks & Recreation Commlaslon
Minutes of May 14, 1969
Page -3-
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Mr. Stackhouse reported that he ls planning a meeting with the youth group of the
Recreation Council someUme before school ls out to discuss 'l&rlous topics and get their
Ideas and suggeoUons on park faclUtles and recreation prop"aDlmlDC·
The meeting adjourned at 9:00p.m.
Recording secretary
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Jft.'t 2 "69
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REGULAR MEETING OF THE CAREER SERVICE c6~.~
CITY OF ENGLEWOOD , COLORADO
MAY 22 , 1969, 7 :00 P .M.
PRESENT: J. F. DeV ivier , H. H. Mayer
ABSENT: H. R. Braun, J. F. Murphy
ALSO PRESENT: H . Musser, R. Wi ngo , W. Todd, and E . Re e d; members
of the En g l ew ood Employees' Ass oc ia tion .
THE FOLLOWING MOTIONS WERE PASSED FOR APPROVAL :
1) The minutes of the las t r e g u lar meeting as pr i n t ed.
2) The following anniversary i n c rease retr o a c tive to Ma y 15, 1969 :
N.P.ME TITLE & DEPARTMENT
SELBY, Clifford Fireman
GRADE &
STEP
21C
3) The following anniversary increases effective June 1, 1969:
BARNES, Emory
COON, Michael
CRAIG, Richard
FLANAGAN, Bernard
HECKERT, Robert
GARGAN, Nancy
THOMAS, Mik e
Main tenanceman, Par.ks & Rec.
Equip. Operator II, Parks & Rec .
Ma i ntenanceman, Parks & Rec.
Janitor, Parks & Rec .
Ma i ntenanceman, Street
Clerk Typ i st, Finance & Util .
Me t e r Reader, Ut i l i t i es
17E
19E
17B
13C
17E
12B
16C
4) The foll owing anniversary increase effe ctive J une 17, 1969:
CARSON, Randall, Patrolman 3 rd Class 21D
5) The following terminations:
BAILEY, George Traffic S g . Tech ., Traff ic 22F
Effective 5/9/69
CUSHION, Robert Jr. Storekeeper, S t reet l5A
Effecti ve 5/29/69
RHOADES , Alfred Ma i ntenanceman , Parks & Re c. 17C
Eff ec t ive 5/5/6 9
6) The following retirement e ff ecti ve A r l 3 0 , 1969:
WALLACE, Beryl Chi ef Bu ·l ng Inspe c or 26F
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Mr. DeVivier requested the recording secretary to write a
letter to City Counci l for him r ecommending that Mr. Harvey
Mayer be reappointed to serve another six year term on the Career
Service Board in view of the fact he has done excellent work in
the six years he has served.
A copy of a l e tter from Kells Waggoner to John Murphy dated
March 14, 1969 regarding the c lass i fication change of Ronald
Walkup from Maintenanceman to Equipment Operato r I (light
equipment operator) and a letter to Stanley H. Dial from Kells
Waggoner dated May 22, 1969 regarding a promotion for Rona ld
Walkup from Maintenanceman to Equipment Operator I was received
by the Board. Mr. Dial had written his recommendation that the
position be reclassified to Equipment Operator I on the letter
from Mr. Waggoner to himself.
Mr. Musser stated that members of the Employees' Association,
Roland Wingo, Bill Todd, Ed Reed and himself were present at the
meeting on behalf of the reclass ification request for Mr. Ronald
Walkup. Mr. Walkup had made an appeal to the Employees'
Association for a job reclass ification .
Due to the fact that Mr. Walkup is performing the duties of
an Equipment Operator I, the Board approved the reclassification
of his position of Maintenanceman to Equipment Operator I effec-
tive May 1, 1969, contingent upon receipt of a personnel action
reflecting this change.
The representatives from the Employee s' Association,present
at the meeting,requested as Mr. Waggoner's letter to Mr. Murphy
requesting the classification change for Mr. Walkup was dated
March 14, 1969, that the effective date of this change be made
retroactive to March 20, 1969.
The Board moved, seconded, and approved that the reclassifi-
cation change for Mr. Walkup be made effective retroact ive to
April 1, 1969 in view of the fact that the request was submitted
March 14, 1969.
Mr. DeVivier talked t o the employees about the benefits
that can be gained through an employees organization and tol d
them they can get all these benefits wi thout bringing in a union and
paying them dues for what an employees' assoc iation can do
themselves. He spoke of some of the benefits t he employees of
the State had received from their employees' ass ociation and
stated he just wanted to encourage them in their efforts for an
effective employees' association.
The employees expressed their appreciation to Mr. DeVivier
for his interest and help in their organization .
The meeting was adjourned and the next meeting is set for
June 19, 1969.
J . F. DEVIVIER
Chairman
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSI~~~-
May 7, 1969 -.._,..,
I. CALL TO ORDER.
The r e gular meet1n g of the City Planning and Zoning Commission was called
to order at 8:15 P. M. by Vice-Chairman Lentsch.
Memb e rs P re s e nt: Carlson ; Lentsch ; Lone ; Touchton
Romans , Ex-officio
Memb e rs Abs e nt: Woods, Parkinson
Also Pr e s e nt: City Attorney Criswell ; Mr. Nate Burt; Mr. Harry Arken ;
Mr. Bill Crouch
II. APPROVAL OF MINUTES.
Mr. Lentsch stated the minutes of April 9, 1969, were to be considered for
approval.
Carlson moved:
Lone seconded: The Minutes of April 9, 1969, be approved as written .
The motion carried unanimously.
III. NATE BURT CASE #19-69
S. Broadway -W. Lehow
Mrs. Romans stated that Mr. Burt is leasing land on the west side of South
Broadway, just south of West Lehow Avenue. An aerial photo and the land
use map of the area were displayed for the Commission. Mr. Burt has pur-
chased land that Mr. Thorney owned in the area, and he has a 50 year lease
on this property owned by Mr. Bowman. Mr. Burt has plans to locate a
restaurant on this property fronting on Broadway approximately 180 ft . south
of the Kentucky Fried Chicken restaurant that is there now. Mr. Burt also
wants to construct a car wash with frontage on West Lehow Avenue just to the
west of the service station at the corner of Broadway and Lehow.
Mrs. Romans pointed out that this land has been subdivided as Block 17 and
Block 18 of Interurban Addition. She stated that she, Public Works Director
Waggon e r, Assistant City Engineer Sagrillo, and Mr. Burt had discussed the
problem, and that the City staff is concerned that the property could be
developed in such a way that an inner portion of it would be land-locked.
She pointed out that access must be provided to a dedicated street from
this property if it is to be developed.
Mr. Burt stated that a 25 ft. private access way has been provided just north
of the Kentucky Roast Beef restaurant, to serve the parking lots for this
restaurant and the Kentucky Fried Chicken, and that it has been necessary
to e nlarge these lots since the restaurants opened. Mr. Burt stated that
th e proposed car wash which will front on Lehow Avenue, will be self-
s e rvice and automatic. Mr. Burt stated that they are considering a motor
lodg d e v e lopment for the interior parcel of land, and that there will be
a c c e ss to the motor lodge from both South Broadway and from West Lehow.
Mr. Burt stated that he felt this area has been an eye-sore to the city,
a nd h e fe els the proposed development will make this a very attractive area.
He st a ted th e y are in the process of moving fill dirt into the area now.
Mr. Bur t stated that if th e y can purchase th e McSpadden property to the
s out h , t h e y intend to straighten the creek and, if economically feasibl e,
possibly tile it . Mr. Burt pointed out that this proposal will be e xtreme ly
x p e nsiv e .
Mr . Harr y Ark e n, Mr . Burt's partne r in th proposal, e nter e d and discuss e d
t h e proposal with th e Commission. Mr. Arken agreed that if the inter i or
pa r ce l we re not d e v e lope d as "one dev e lopment" there would be considerable ·
p r o bl e m to provid e ac cess to it, and it might b e land-locked. He stated
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that they are fully aware of this problem, and have no intention of having
a piece of property that is land-locked and will, therefore, provide entrance
to the land from Broadway and from Lehow. Mr. Arken also stated that the
property will be developed as one unit to help eliminate the access problem.
Mr. Arken stated that they are trying to purchase the McSpadden property,
but they are not really counting that property in their development at this
time. He stated that there are "tax" problems connected with that particular
parcel of land, and he isn't sure whether or not the McSpadden's will sell .
Mrs. Romans asked what effect the straightening of the creek would have on
the residents to the south of this land? Mr. Criswell stated that the
velocity of drainage could not be increased, but other than that restriction,
there were no legal problems. Mr. Arken stated that they had contacted the
State on the matter, and that there would be no problem whatsoever.
Mr. Burt and Mr. Arken thanked the Commission for their consideration of
the matter.
Discussion ensued. It was suggested by Mr. Criswell that a waiver to the
requirements of §21.3-3 and §21.3-4(a)(2) of the Subdivision Regulations be
drawn as provided in 821.3-4(b), stating that the plot be developed as one
parcel with frontage on South Broadway and West Lehow Avenue. Further brief
discussion followed.
Touchton moved:
Lone seconded: That a subdivision waiver be drawn stipulating that no
further division of the land than shown on plans submitted
at th~ meeting will take place, and that the centric parcel will be
developed as one use with frontage on South Broadway and West Lehow Avenue.
The motion carried unanimously.
IV, BILL CROUCH
5001 S. Broadway
ALLEY VACATION
Broadway-Acoma
CASE #20-69
Mrs. Romans stated that Mr. Crouch has requested the vacation of the remain-
ing portion of the north-south alley in the 5000 block of South Broadway-
South Acoma, and the access way which runs east and west to South Acoma St.
thru a portion of Lots 15 and 16, Block 8, Harlem 2nd Addition. The Planning
Commission vacated the north half of the alley in 1964, and it was at this
time that the access way between the alley and South Acoma was acquired.
Mr. Crouch now has acquired or has contract to purchase the remainder of
the entire block, and would like to have the alleys vacated to facilitate
the expansion of his Chrysler-Plymouth dealership. Mrs. Romans also noted
that West Grand Avenue between South Broadway and South Acoma has been
vacated by the City. Easements were retained in the alleyway which was
vacated in 1964, and upon contacting all city utility departments, and public
utility companies, they again ask that easements be retained in this request-
e d vacation.
Mr. Crouch stated that he and the Chrysler Corporation own the entire block
now, and he discussed expansion plans. Further discussion followed.
Touchton moved:
Lone seconded: The Planning Commission recommend to City Council that th
vacation of the alley adjacent to Lots 13 through 24 and 25
through 36, Block 8, Harlem Second Addition, and the alley way running e ast
a nd west through portions of Lots 15 and 16, Block 8, Harlem Second Addition ,
b e approved; however, it is requested that an easement for utiliti e s b
r e tained in lieu of the north-south portion of the alley.
Th e motion carried unanimously.
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RONALD JOHNSON
Pr1nceton and S .
Cherokee Street.
REZONING
R-1-C to R-3-B
CASE #21-69
Mrs. Romans stated that Mr. Ronald Johnson has filed an application for re-
zoning of Lots 19 through 23 , Block 19 , Jackson's Broadway Heights . The
fee has been paid. The application was discussed.
Lone moved;
Carlson s conded: The application be received and Hearing date set for
June 17 , 1969 . The property to be posted , and notice
given in the official City newspaper .
The motion carried unanimously.
VI. USE NOT MENTIONED
Mach1ne Shop 1n B-2 .
CASE #22-69
Mrs. Romans stated that a Mr. Dewey , of Van Shaack , has indicated that he
is inter e sted in putting a machine shop in a B-2 Zone District . This use
is not me ntion e d as a permitted use in the B-2 Zone District in the Compre-
hensive Zoning Ordinance. Mrs. Romans noted that the B-2 District permits
all uses in the B-~ District , which district limits the size of motors to
not mor e than five horsepower . Mrs. Romans also noted that the Commission
has approved the muffler replacement shop and a transmission shop in the
B-2 District, both uses of which were not mentioned as permitted uses ;
how e ver , they had not approved an earlier request for an auto repair shop
in th B-2 Zone District. Discussion followed. Mr . Lone suggested that
the gentleman be contacted and asked for further information on his
proposal.
VII. FIRST NATIONAL BANK
Park1ng Plans
CASE #27-68
Apnl 9 , 1969
Mrs . Romans stated that at the last meeting, the parking plans ~ the
First National Bank had bee n approved ; however, the Commission was of the
opinion that the spaces for the drive-in windows and the night deposit-
commercial windows could not be counted toward "parking spaces". A
memorandum was sent to Chief Building Inspector Wallace stating th1s ,
and h e referred the plans to Mr. Winton , the Architect for th bank . The
plans have been resubmitted deleting these spaces , and indicating that
they have supplied exactly the number of spaces that are required by
Ordinance . Discussion followed. No further action was deemed necessary.
VIII. DISCUSSION.
Mr. Criswell discuss d his rec nt trip to Fort Worth, Texas, for the purpose
of discussing with the officials of HUD our proposed park program . Mr .
Criswell discussed the s veral F e d ral Aid programs which the City could
parti cipate in at th pr sent time should they so desire. Mr . Criswell
stat e d that credit could b giv n th City for street paving , sewers , curb
and g utt rs , water service, t c. To participate , the City must have a pro-
gram to k ey note the areas that are in n d of redevelopment , and a program
for the r location of persons who might be displaced by a redevelopment
program. The City must also hav e a "mast r plan", zoning ordinance, housing
code , e l ctric al code, buiWin g code, tc . and a workable program which has
b e n rLlfied by HUD .
Mrs Romans presented members with copies of th Compr hens ve Plan which
was pr pared by the staff last Fall . She discuss d th several projects
that are underway, such as the revision of th Land Use Study and the Zoning
Ordinan c . Sh e stat d that many citi s contract for such work to be don
by a onsultant ; for instan , Boulder has hir d a consultant to r vise
lh ir Zonin g Ordinan e at som $150.00 p r day , plus xpens s. This work
has b n und r way ight months, and is not y t compl ted. Aurora has
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c ontrac t ed to hav e their Compreh e nsiv e Plan p r e par e d by a consultant for a
r e ported $100 ,000 . Mrs . Romans f e lt that this work could be done by the
staf f --if we had suffici e nt personn e l--at considerably below the cost of
t h s e oth e r cities. She point e d out that on th e revi s ion of the Zoning
Ordinance , the revision must prog r e ss with the aid of legal advice , and that
it has b ee n v e ry difficult to f i nd tim e wh e n both sh e and the City Attorney
c an work on it. Furth e r discuss i on followed . Mr. Criswell stated that in
h i s op inion this Planning Office has mor e in f ormation that any other planning
offic in the metro area , and possibly in th e sta te , and that it would not
b e too difficult to provide th e n e cessary 1nforma tion to the Federal Govern-
me nt shouW the City decide to apply for assistance , if there were adequate
s t af f availabl e, or if the present staff were free to concentrate on these
matt e rs .
Mr . Cr iswe ll c om~e nted that it was very important to reach an agreeme nt
with th e City Council on the fut ur e for the city. He stated that he didn't
t hink th at th e Mast e r Plan its e l f would have to be presented to the Federal
Gov e rnme n t to obtain federal aid, but that we would have to show that we
hav e th o rdinanc e s and guides that ar e required. For instance , he stated
tha w a r on of the few Cities that have a pousing Code , so t hat wo uld
b in our f avo r. Mr. Criswel l pointed o u t wh e re a id could hav e been
o b tain d i n th e }olorthwest Englewood area with 11 "plan" on the inst alla tion
of th s w r , the paving of streets in the other areas of tow n . He pointed
o u t t hat j u s t a l.i ttle "resc hedul ing" of proj ects could be very advanta geous .
t o th City i n th matter of obtaining aid.
Mrs . Ro mans dir cte d th eir consideration to the Dra in a ge Plan of t h e Master
Plan . Th standard project f lood plain is indicated on one of the maps ,
and she stated that she was recommending in the revised Comprehensive Zon ing
Ordinance that this f lood plain area as e s ta bl i shed by the Corps of Engineers
b sup e rimposed ov er the Zoning Map , thereby restricting lumber yards ,
mobile hom s , storing of automobiles--operable or o therwise --a nd any other
floatabl e material from this area. These uses were proved to b e the most
dama g ing in the 1.965 flood, and ma y be again. Sh e stated that this s ection
of the zoning map cou ld b e reviewed after t h e co nstruction of the Chatfield
and Mt. Carbon dams on Plum Creek and Bear Creek, r e spectiv ely, at which
time the aforementioned restrictions might be able to b e removed .
Furth e r discussion followed. Commiss1on members were aske d to thoroughly
r e vi w the Master Plan in pr e paration for a work session conc e ntrating on
the projected p la ns a nd goals for th e C1ty.
Mr . Cr rlson di scussed the ASPO Conv e ntion in Cinc innati , and stat e d that
F e deral Aid had b een the topic for num e rous discussions th e re . Mr. Carlson
discuss e d ot h er facets of th Convention .
Mrs . Romans also briefly discuss d th
th Transport ation Convention which sh
t h e past few day•.
IX. MEETIN GS,
ASPO Convention , and also discussed
has been attending 1n Denv e r for
Mr s . Romans mentioned that the State Highway Department is giving a luncheon
o n May 10 for Mr. Kr ei ling who is retiring from t hat De partment. Those who
wi sh d to attend were ask e d to make reservations immediat e ly .
Mr s . Romans stated that the Council of Gov rnm ent s has c hang d th e time for
thei r mee ting from the third TUesday a fter noon of ac h month to th e third
IV d nes day night. This would me an that Mr . Lone , ou t· r p r s ntativ e to COG ,
wou ld miss either our meeti n g on We dn sday v•n1ng , o r the COG me e t1ng.
Discu ssion follow d . It wa s d etermin e d that o u r me tin tim should be
c ha nged to Tuesday n ig ht fo l lowing th Cit y Co u nci l me tings in o r d e r that
Mr . Lo n e would b e abl t o co n i nu to r e pr s e nt t h City at t h e Countil of
Go v rom nts .
I l wa s mov e d and s c ond e d to a d j ou r n t h me eting. T h motion c arr ied , and
the mee ting adjou r n d a t 11 :00 P . M.
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REGULAR MEEI'ING ~ 0/:'f:'
EN GlEWOOD WA'IER AND :IDlER BOARD -MA Y 20, 19{;1p~!Y.._cfl.C I A. L.'
''q"' Oocu .,..o /If~
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'!be meeting was called to order by Vi c e-Cha rman Robohm at ~~.l. 9 · df£A . A1 t:e.,.
Members Present :
Members Absent :
Other City
Officials Present :
'YC.i_f: //'y G Brownewell, Kre ili ng, Lay, Oliner , Rob ohm Wo 0 ~ll.t; o.co to.
Frantz, Schwab
City Manager Di al, Assi stant City Manager Mack, Utilities Director
Carroll, Legal Consu l tant Sh i vers
Mr. Dial, City Manager, and Mr. Mack, Ass istant Ci ty Manager, were in attendance to discuss
and clarify the matter of the i nstallation of a City sewer main to serve the new Baptist
Theological Seminary property at the northwest corner of the 1nterse cti on of South
University Blvd. and East Hampden Ave nu e.
Mr. Dial advised the Board that this property was annexed to t he City in February of this
year and that certain concessions had been made by the City Adm ini stration covering the
installation of both water and sewer ma i ns, as a condition of annexati on. '!be City was
committed to extend a six inch water main from East Floyd Place, approximately 500 feet
south to the Seminary's private driveway on South Un i versity Blvd. with the understanding
that the Seminary, which has been partially served water by Denver, wou l d be served totally
by the City of Englewood. The City also agreed to extend, as ne c essary, the existing
private six inch aewer main which presently runs from a manhole in East Floyd Place to the
west line of South University Blvd. and thence south along the east property line of the
Seminary to the old dormitory. The extension would provi de service for all existing and
proposed new structures of the Seminary.
All existing structures, except for the aforemention ed old dorm itor y are presently served
by a septic system.
'Ibese installations were to be made at City expense w th the understanding that tap fees
for both water and sewer connections wou ld be based on the area of the l and occupied by
the existing and proposed new structures , with fees for the exce ss l ands to be paid at
a later date if and when occupied. The tap fees were to be the rates n effect at the time
of annexation.
Mr. Dial explained that the water ma in has been installed to the private drive of the
Seminary, as previously planned, and that representatives of the Sem inary have now indicated
that it may be necessary to replace and possibl y enl arge and extend the existing six inch
sewer main. It was estimated that th s should cos t not mo e than $2,500 to $3,000.
Mr. Dial rem i nded the Board that the City s ewe r head tap fee s we r e r e c entl y increased but,
due to the previous comm ittments, t was his opin on th at the pr eviousl y effecti ve rate
should stand, in this instance .
Mr. Di al further advised the Board that it. 1s poss1b e that the City mi gh t detenaine to
extend the sewer main further south than the Semi nary propose s for possi ble future
needs south of East Hampden Avenue.
After di scussion,
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Oliner moved,
Lay 1 seconded, Tha t the Water and Sewe r Board rec omm end t o C1ty Coun cil that the
existing six i nro h pnvate s eve r mai n , no w s erv1ng the ol d dormitory
on the Bapt1 st Theol o g1 c Sem :tn ary propert y, A South University
Blvd . and East Hampden Avenu e, be pro per l y r eplac ed and/or enlarged
and extended as nece s s ary , at t he expens e of the C1ty1 with a head
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Nays:
Absen t:
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tap fee, based on the area of the property to be occupied by
the exi sting and proposed new structures , at $ .ooS per square
foot, to be paid by the Sem inary.
Brownewell, Kre iling, Lay, Ol ine r, Robohm
None
Frantz, Schwab
Mr. Dial and Mr. Mack excused thems elves from t he meeting .
Mr. Carroll reminded the Board that th e Connector's Agreement , fo r Englewood sewage treat-
ment service, between the City of Englewood and Cherry Hills Sanitation Association, executed
June 20, 196 1, provides for renegotiations of head tap and connection fees every two years
and that the fourth biennial date for such rene gotiations is June 20, 1969.
Mr. Carroll presented a draft agreement titled Extensi on of Connector's Agreement for con-
sideration by the Board and possible reconunendat ion to City Council .
Mr. Carroll pointed out that there were three proposed amendments or additions to the
original contract provided for in the extension agreement, as follows:
1. Paragraph 2 be amended to change the word •waste" to "gasoline• in the first
sentence and to add t he following sentence at the end of the paragraphs "At any
time when the City is reasonably sure of the presence in the system of any
detrimental discharge including storm or ground water, the City may call for
a television or other type inspection of the mains, the cost for such service
to be borne by the Association ."
2. Paragraph 4 be amended to provide that the Association be subject to the head
tap or connection fees i n effect, for sewer taps outside the City, as established
by City Council and as may be adjusted from time to time by the City.
3. Paragraph 12 be added, as follows :
"The term of this contract is for a period of twelve (12) years
from June 20 , 1969, during vh ch time the Association agrees that
all effluent produced from taps connected to the Asso ciation 's
lines shall be treated by the City and the City agrees, during
the term hereof, to ma intain adequate facilities for treating said
sewage. Annexation of a part or all of the Asso ci a tion to any conununi ty
shall not terminate this agreement as to the Asso ciation or the portion
thereof annexed.
Mr. Carroll advised that he felt that these amendments and additions wou ld serve to bring
this particular Connector's Agreement more in line with other existing Connector 1 s Agree-
ments.
(See copy of proposed Extension of Connector's Ag r eement wi th Cherry H lis Sanitation
Association attached as a part of these m nutes.)
After discussion,
Oliner moved,
Lay, seconded, That the Water and Sewer Board r e commend to CJ. ty Counc~l that the
Extension of Conne ctor 's Agreemen t , as presented by Mr. Car roll, be
approved, executed and o ffered to the Board of Directors of Cherry
Hills Sanitat on As scc~ation for their cons deration and execution
prior to June 20 , 96 9 .
Ayes:
Nays:
Absent:
Brownewell, Kre~ling , Lay 01 ner, Robohm
None
Frantz, Schwab
The following letter from Mr. Richard L. Banta, Jr ., Attorney for Southgate Sanitation
District, relative to inclu sion of a c ertain tract of land into said Southgate Sanitation
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District, was received and read :
"'SHIVffiS & BANTA
At torneys A Lal'l
No . 2 Sherman St eet
3h70 South Sherman Street
Engl ewo o d, Coloradc
80110
Apr ~l 9 , 1969
Mr. Charles Carrol
Direc tor of Ut liti es
Ci ty of Englewood
P. o. Bo x 1 78
Englewood, Colorad 80110
'Dear Mr, Carroll:
Re : Sou t hgate Sani tation Distri ct
Conne c tor 's Agreeme nt
Southgate Sanitation fu st ict i s processing
for annexation to the area of th e "D i stric t the
following described property, to wit:
Situate in the County of Arapahoe,
State of Colorado to wit: The
North Half (N l/2) ofT a c t 7 7, The
Clark Colony No , 3 , in Sect on 17 1
T. 5 s., R. 6 7 W. of the 6th
Princi pal Me r dan ,
The original and three cop i es of the proposed
Supplement No, 19 to the Co nne ctor 's Agreement are
enclosed for u s e 1n this regard ,
Your early a ttention to our e qu e st would be
appreci ated,
ns
Enclosures"
Ve ry truly yours ,
/S/ R chard L, Banta, J r.
Attorney for Sou thgate
Sani tat1on D~s trict
The foregoing letter was accompani ed by pro posed Supp eme ntal Agreement No, 19 to the
Connector's Agreement with Sou t hgate S an~ta t on D ~str1 ct p rov1d ng for approval of the
inclusion by the City of Englewo od ,
Hr . Carroll displayed a map of Southga1.e San tat on Distr~et showing the subject tract thereon,
Short d i scussi on brought out that th ere sho~~ct be no p o blem s e ncountered in serving the tract
th r ough the sewer system of the d~stnc~ or the Eng ewood sewage treatment plant,
•
Olirwr moved,
Brownewell, seconded, That the Water and Se e .,. oara r e commend to City Council that
the and , a.5 de en ed 1r he propo sed Supplement No. 19 to
the Conne c tor 's Agr eement, be approved f or ~nclusion in
So uthgate San~ta t ~on D~str~c 1 ~t h sa d Supplement, as pre-
pared and presented by Hr . R chard L. Banta, Attorney, I • •
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Nays:
Absent:
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be~ng proper y exec ~ea y ihe Ci ~y .
Brownewell, Kre i l 4ng 1 Lay, 0 ner, Robohm
None
Frantz, Schwab
Mr. Kreiling reported to the Board t hat the Colnir• t tee for study of a proposed golf course
on McLellan Reservoir lands, south of the Ar apahoe-Doug l as County line, had been delayed
awaiting a committment from the C ty of Li t e ~o n .
Mr . Kreiling further advised that the Commi t t ee i s now pl ann ng to r esume its study with-
out the City of Littleton .
He stated that the Committee is considering a ·ong term lease a greeme nt between the City of
Englewood and the agency to represent the go f cour s e i nterests.
Mr. Carroll presented the follo~ng memorandum conc erning damage r esulting from high water
on May 5th, 6th, 7th and 11th .
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FROM:
"IN TER-OFFI CE
MEMORANOOM
Water and Sewer Advisory Board DA 'IE :
Charles B. Carroll, Jr ., Di rector of Utilities
May 20 1 1969
SUBJECT: Damages Incurred from H gh Wat er , May 5 and May 14, 1969
The Water Division sustaine d some damages as a r esult of high water during
the high water of May 5, 6, 7 and 14 . The Sewer Div ision sustained no
damages.
Damages were i solated to the Mc Lel an Pump St ati on, Intake at Union Avenue
and the McBroom Ditch headgate.
1. McLellan Pump S tation ~ Hi gh wa~er c omp ete y enc i r cled the
pump station but did not rise to the pump ho u se elevat on . The
access road vas par i al y o s t , es timated a $1000 to repa r
subgrade and regravel. Rema ning dam ag e a were debri s which
clogged up the diversion works ; and s lt n the catch basin. We
have been pumping approximatel y 6 m lli on gall ns p er day free
water. Some work may be r equ ired on the dam, bu t the r i ver is
still too high to proper ly ssess damages. Costs to date for
crane and clam shell is $250 .00 .
2. Intake at Uni on Avenue ~ No amage s o c~r ed at the City i ntake.
The small reservoir was fil l ed wi t h s l t wh i ch vas subsequently
pumped back to the r ~ve r . The Un ~on br dge abutment suffered mi nor
erosion on the northwes t side . Some s l t a ccumu l ated at t he Big
Dry Creek by-pass .
3 . McBroom Di~c n ~ Th 1s fa;;ll ty sust ~ne d th e me ~ costly damages.
The dam wa shed ou t as d d ·the ch annel , l eav ng it comp l etely silted
up to the top of 'h e 1nta e pi pe . No amag es incurred to the
ditch beyond the mea suring b e • The dam vas ep aced the f ollowing
day at a cost of $ 50 .00. Th e r a~r of May lh c aused th e dam to be
partially o s t , and an ~nab i ~ ~y to take i n ihe fu l l decree. Further
wo rk will be delayed u n t1~ Be ar Creek go es down to a more normal
flow. Then a more pe a ne nt a am 411 b e construc ted vi th pilings 1
r i p rap, e tc . Wins-o s s u .:i t•:t ng a b1 d or th s work.
The raw water situat on ~ a s f i ~o
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1. No Platte River wa ter was pumped unti May 16 1 due to the high
turbidity. The Denve r Wate r Board has allo tted vari ous increased
amounts to the filter plant reservoirs from the City Ditch. Cur-
rently this extra wa t er is offse tt1ng the p ant demand, and has
provided as much as 3 MGD.
2, 'n!e Bear Creek Plant has been putting out up to ~ MGD from
the Public Servi ce and Centennial wells on l y. No McBroom water
was used until recently due to polluti on as ind icated by the
Tri County Health Depar tment .
The outlook:
1. Extra City Ditch wa ter w 11 be ava1lable until we can pump
the river. Mr. Dial commu nic at ed with the Denve r Water Board
on this matter. We should be ab l e to ma i ntai n sufficient raw
water storage.
2. The Bear Creek plant can produce h MGD with we lls and ditch.
Additional Information' The Nevada D t ch 1 i n wh ich we own lOS shares,
sustained approximately $3SOO damage from f looding. A Nevada Ditch
meeting of May lS, 1969 called for addition al asses sments of $1S per
share to restore the ditch. Englewood's share wi ll be $1,62S.
/S/ Charles B. Carroll, Jr.
Di rector of Utilities
CBC/ng"
A short discussion followed,
Mr. Carroll pointed out to the Board that t he Purchase and Sale Agreement with Gates Rubber
Co111pany required that a survey be made of the McLellan Reservoir lands and right-of-way to
be sold to Gates Rubber Company, with the City and Gate s Rubb e r Company to share in the
cost of Sllllle,
Mr. Carroll also advised that he had reta ned the f1rm of Mc Call-El lingson, Consulting
Engineers to make this survey and that same has been co mp eted and the documents delivered.
He further stated that the total cost of the survey 1s $4,182 ,55
follows:
th same to be paid as
Survey Costs For Tracts A & B
Gates Rubber Company Share ---- -
City of Englewood Share ---- - - -
Survey Costs For Right-of -way
$ ,13S .28
1,135.27
To be paid by Gates Rubber Company -- - ---$ 1 1 9 2 ,00
Total Survey Costs - ---
$ 2,270.55
$ 1,912.00
-$ h,l82.S5
Mr. Carroll stated that, due to the time e erne t i nvclved1 he had proceeded to retain the
firm of McCall-Ellingson vi thout consu ing the Board and hoped tnat this met vi th their
approval.
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Brownewell moved,
Lay, seconded, That the Wate r and Sewer Board hereby ratify the action of
Mr. Carroll i n r e ta n1ng the f rm of Mc Call-Ellingson,
Ayes:
Nays:
Absent:
Consult ng Eng n eers , to make a survey of t he McLellan Reservoir
land and right-of -ay be ing so l d to Ga es Rubber Co Mpany.
Brownewell, Kre iling , Lay , 01 ner1 Robohm
None
Frantz, Schwab
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As a result of the J.nformatJ.on f r om me a.f o reme n t.1.c ne d surve y, Mr , Carro advised the
Board that the C ty cou d expec "t-to r e c e J.ve app OAl. a te y e f ollowing proceeds from the
sale of the land to Gates Rubb er Company &
Tract A - -
Tract B -- -
Right-of-way
--26 .75 Acres @ $5,ooo.oo Per Ac re
-20 ,50 Ac res @ $3,800 .00 Pe Acr e
2,77 Ac.r es @ $3,800 ,00 Per Acre
Total Sale Pric e - ----- - --
Less City Share of Survey Co sts
Total Proceeds - -- --- -- - -
$ 133 ,750.00
71,900.00
10 ,526,00
$ 222,176 .00
1,135 .27
$ 221,040 .73
The Board was i nfo rmed, by Mr , Carro
as stipulated in the agreemen "t-1 had ' een
t hat an advan ce p ayment i n the amount o f $2,500,00 1
e c e v ed fr om Gate ~ Rubber Company on April 1, 1969.
He also stated that, since the City wou l d pay the total cos t s of the s urv ey, $3,047 .28 would
also be due the Ci ty from Gates Rubber Co mpany,
Mr, Carroll presented a draft agreeme n t. between the Cl. ty o f Englewood and Walt Flanagan
Company granting perm ission w th e Wa... t Fl ana gan Company to use the south e n d of the lake
at 2095 Wes t Oxford Avenue as a truc k wash out area,
(Also see Minutes of Water and Sewer Board mee t 1.ng hela March 18 1 1969,)
After discussion,
Lay moved,
Kreiling, seconded, That the Water and Sewer Board r e c ommend to City Council that
the pro posed agreement between the Ci ty of Englewood and Walt
Flanagan Company, grant. ng permissJ.on to Walt Fl anagan Company
to use the lake a t 209 5 Wes t Oxford Avenue as a truck wash out
area, be approved and executed, as wr tten,
Ayes:
Nays :
Absent :
Brownewell, Kreiling, Lay, 0 iner, Robohm
None
Frantz, Schwab
The matter of proposed annexation of McLe lan Re s erve r
County line, to the City of LJ.ttleton , wa s agal.n brough t
ar.cts , no rth o f Arapahoe-Douglas
p f o r d ~scuss on ,
(Also see Minutes of Water and Sewer Bo ard mee t1ngs held Feb r u ary 25 , 1969 and April 15,
1969.)
The following letter, from Mr, H. 0, Shivers , J r ., Legal Co s u tant fo r the Wat er and Sewer
Board, written as a result of the Board's r equ e t for h1s o pm on a t. the regular meeting
held Apr i l 15 1 1969, was rec e1ved and read:
•
Mr, Charles B. Carr o
Director o f Utl 1 '.l e
City of Englewood
1•SHIVERS & BANTA
Anorneys At La
No , 2 S he r man Bu :.~ 1 g
47 0 S ou th Shermar S t ,
Eng ew oo 1 Co lo ...
80
Ap 23 1 969
)400 South Elat_ St.reet.
Englewood, Co o rado 80 0
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Dear Chuck :
Re1 Litt eton--Mc Le ar Reserve:~ Annexat on
With regard to the ab -:.ely no bene fit to
Eng lewood on such annexat. not be ... eve i.mmed~at.e
comp lications w1 anse Gat s a c c ess oad ,
I do feel that ~n the f ture _ t o ld e other
type s of re str~ct~o s to a r se wh "'.cn ccu a n.;or .venlence Engle<food .
I am referring to mat e s of nn ~lrung p erm ~ t,S ( tness problems
with Greenw ood Village on Clear Water Storag Re s e rvo~r), street
cuts , recreation ordinanc e s , 1 c ense fees f C'r r e c.reat~on and
other such matters .
In the absence of a showi ng of benef t to Eng e ood of
some sort, I feel that annexation snou d no take p ace .
Very tru y yours,
/S/ M. o. Sn ~ve rs, J r .
ch"
Mr. Shivers, wh o did not a tte nd the mee ting of April 15th, was advised that Mayor Kj nghorn
of Littleton, in discu ssing the ma tter with the Board at that t~e, had stated that it is
the policy of the City of Littleton to wa ive fees for l~cens es , bu ilding perm its , etc. for
public struc tures and public endeavors and that writ e n v e r:t ficat1on of this could be
obtained i f deemed necessary.
Mr. Shivers stated that Little ton City policy ou d be bindin g only on the current City
Council and could be changed by any future C t y Gounci •
After some further discuss ion,
Oliner moved ,
Kreiling, seconded, That the Clty Gounci be adv~sed that ~t is the opinion of the
Englewood Wa e and Sewe r Board t ha , s1 c e there apparently
would be no b ene fits der~v e d by th e City of Englewood by such
action, the Mc Le l ar Reservoir ands should net be annexed to
the City o Lit tleton .
Ayes :
Nays:
Absent :
Brovnewe ll, Kre:tli ng, Lay, 0 :tn e r , Robohm
None
Frantz, Sch wab
Mr. Carroll made a brief report on the status of the Eng l ewood HU D App lication for Federal
grant in aid for West Slope water deve pmen t , as fol s :
On April 28th the Water Advisory Comm ttee of Denve R eg~onal Counc1l of Gov ernments ap-
proved the ap plication . Subsequen t y the Po icy Go mmi t,ee ap proved the appl 1cation and
plac ed same on the agenda for the E e cu t:tve Counc 1 s c ons~deratlon on May 21st.
(S ecretary's Note: As of May 2 st, the app ~cat on h~d s c cessful y passed all OOG reviews.)
Mr. Shivers reported on the status of and ano r gn t-of-way a ~quisl ticn for the Wes t Slope
Water DeveloiJ!lent ProJect, stat1ng nat-a ... ar l f o •.he res e rvo r and right-of-way h!U'
been acquired, is in lit~gation or 1s ag r e e d u p · rep that of he Broderick Wood Products
Company which is be~ng pursuea.
Cases which are :tn l.i t :tg at:ton ar e set or near emp orary posses sion J une 5th and 6th .
Mr . Shivers further repor ed tha 'tn
the pioneer road and land e lear:tng
G~ ty shou .. d oe 1n pe s t. on to let the contracts for
the ena of J e.
In further connect on w:t th th s rna tter • Mr • C rr d r-.s e th e Board that there would be
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a meeting of representatives of the Ci t y of Englewood and the Co-devel opers on May 21 1
1969 to endeavor to determine who should ac t as the contracting party.
'Mlere being no further business to come before the Englewood Water and Sewer Board, the
meeting was adjourned at 5:55 P.M.
/d.~
Curtice
Approved~------------------------------
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Date:
Subject:
Recommend& tion:
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MEMORANIJJM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR REOOHMENDATION OF THF. ENGLE.WOOD WATER AND SEWER BOARD
May 20, 1969
Replacement of Private Six Inch Sewer Main Presently Serving Portion
of Baptist Theological Seminary Property.
That the existing six inch private sewer main, nov serving the old
dormitory on the Baptist Theological Seminary property, at South
University Blvd, and East Hampden Avenue, be properly replaced and/or
enlarged and extended as necessary, at the expense of the City, with
a head tap fee, based on the area of the property to be occupied by
the existing and proposed new structures, at $ ,005 per square foot,
to be paid by said Seminary,
Respectfully submitted,
ENGL»t''OD WATER AND SEWER BOARD
By:
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Date:
Subject:
Recommendation:
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MEMORANDUM TO THE ENGlEWOOD CITY COUNCIL REGARDING ACTION
OR REOOMMENDATION OF THE ENGI»>IOD WATER AND SEWER BOARD
May 20, 1969
EXTENSION OF CONNECTOR 1S AGREFlolENT Between the City of Englewood and
Cherry Hills San i tat~on Ass ociation
That the attached EXTENSION OF OONNECTOR 'S AGREEMENT, to provide
continued Englewood sewage treatment for Cherry Hills Sanitation
Association, be appro ved, exec uted and offered to t he Board of
Directors of that district for their execut on prior to June 20,
1969.
Re s pec tfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By :
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EXTENSION OF CONNECTOR'S AGREEMENT
THIS EXTENSION, Made and en t ered i nto by and between the
CITY OF ENGLEWOOD, COLORADO, a mu nicipal corporation a ct1ng by
and through its duly authorized Mayor and Ci ty Clerk, herei n-
after referred t o as "City", and aiERRY HILLS SANITAT ION ASSOC I ATION,
a non-profit corporation of the State of Col orado, ac~1ng by and
through its duly authori zed Presi dent and Se c retary, hereinafter
referred to as "Associ ation", WITNESSETH THAT :
WHEREAS, on the 20th day of June, 1961, the C1ty ent ered i nto
a Connector's Agreement concerni ng the connectcon of the As s oc i ati on's
sewer collection fac ilit i es to the City's san1tary s ewe s ys tem, and
WHEREAS, said agreement provided 1n paragraph 4 thereof, i n
part, for the renegotiation two years from the date thereof and
biennially on the anniversary date of the sa1d agreeme nt of the head
tap and connection fees as set forth in sa1d paragraph, and
WHEREAS, the 20th day of June, 1969 is the fourth b i ennial date,
and
WHEREAS, the parties are des irou s of co n tinu i ng the a fo resai d
Connector's Agreement under the same terms and condi t ons, except as
hereinafter amended;
NOW THEREFORE, in consideration of the prem1ses and of the mutual
promises, conditions and perf onnance of the part1es here to , it is
agreed by and between the parti es that the Conne ctor's Agreement of
June 20, 1961, be and hereby i s continued, under the same terms and
conditions, except as changed in the fo l l ow g ame dmer.ts and add tions:
Paragraph 2 amended to read:
The Association may run sewage t hrough the As soca.t1on 1 s linee
from the taps herei nabove described to the conne c tlo with the
City's facil ities, upo n the cond tion, howeve r , that no gasol1ne,
oil or other matter wh ich may be detnmental to ~he eatment
process empl oyed by the City, nor any storm or ground waters, shall
be permitted to be discharged 1nto said co nnect1ng 1ne; and
pr ovided further , that t he Ass oci at on srta at all tim es properly
maintain sa1d connecting sewer line (except any 1 nes W1thin the
corporate limits of the City and the C1ty line from po n ~ of
connection to the sew age d sposal plant).
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If any discharge enter. ~aict l~n e cont. ary to t he above lim tati ons ,
the Assoc iat1on agree s to pro ,e ed a t one~ o do hatever 1s ne c essary
to rec t ify such co nd1 ion or perform such a1nr.en anc e 1 sc a s to
conform to the rt:quuemen s of t h1s par agr apn before d1scharging the
same through a1 d ccnne c ting l1ne 1 and 1n c ase o f fa1 ure promptly
so to do , after wr1 t.te n not c e thereof , the Cit y may ma e such
rectificati on or do su c n ma1 ntenance work as it deems nec essary at
the expense of the As soc1ation1 and the As soc1ation agr ees to pay
the expense of such re,tif ica t on or ma1ntenance work, At any time
when the City 1s reaso ab y sure of the p~es e nc e i n the system of
any de trimen tal d1scharge s orm or ground wa er , the City
may call for a telev s1on or oth er t ype 1nspect1on of the mains , the
cost for such s erv1ce to be borne by the Assoc ati on ,
Paragraph u amended to r ead:
The Asso ciation s pe ci fi c a ly agrees t hat 1 serv c e co nn e c tions
wh ich are ma.de to the As soc i at1on •s sewe r 1ne at any t 1me are
subjec t to the superv1s1on and in spec t.l by the C ty1 and t hat all
such installati on s shal conform to the same standards as required
within the City mits . It is furthe r agr eea t ha t t he r e will be a
head tap or conne ction fee for and future
plant expansion charged by
club , resident al, industri pon the
Association's lines , The charge shall be the fees 1n effec t , for
l1m1ts, and as may be adiusted f r om
time to t:une ; and tha when su ch fe e s ar e changed, the C1 ty shall
give 1tten not.ice befo re mak ng
such change .
Paragraph 12 added :
The term of this co ntrac t 1s fo r a per od of t we l ve 2 ) years
from June 20, 1969, during wh ch t1m e th e Assoc 1a 1on agrees that
all effluent produced from taps conne c ed to the Ass oc1 ati on 1 s
lines shall be t y the City ana the C1 ~es , dur ng
shall not term1nate tins ag r e eme nt. a ~ o .:cth;..:;_e_A;.;.;:.s.;;;.;;..~a;;;.t.:.;1:..o:..:n.:......:o:..:r;_;t.:;;ch:.;;;.e
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portion thereof annexed.
IN WI'llHSS WHEREOF, the partie s have c aus ed their names and
seals to be hereunto a ffixe d and th~s agreement s~gn ed oy t he ~r proper
officers this. _____ day of. ________ , 1969 .
ATTEST:
City Clerk
ATTI!ST:
Secretary
CITY OF EN GLEWOOD, COLORADO
a munici p corporati on
By-----~~------Mayor
CHERRY HILLS SANITATION ASSOCIATION
a non-profit co rporati on of the State
o f Colorado
By _____ ~--~~-------President
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Date:
Subject:
RecoJ111!1endation:
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MEKJRANDUM TO THE ENGLE'I.'OOD CITY COUNCIL RE GARDING ACTION
OR REOOMMENDATION OF THE ENGLEWOOTI WATER AND SEWER BOARD
May 20, 1969
Inclusion of Add itional Land I nto Southgate Sani tation District
'!bat the land, a s described in the propos ed Supplement No. 19 to
the Connector's Agreement w th Southgate Sanitation Distri ct, be
approved for inclusion into sai d d str ict, with said Supplement,
as prepared and presented by Hr. Richard L. Banta, Attorney,
being properly executed by the C ty .
Respectfully submitted,
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Date~
Subject:
Recommendation:
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MEMORANilJM TO 'll!E ENGLEWOOD CI TY COUN CIL REGARDING ACTION
OR REOOMMENDATION OF 'll!E ENG lEWOOD WATER AND SEWER BOARD
May 20 , 1969
Agreement Between The City of Eng ew ood and Walt Flanagan Company
That the Agreement between the Ci t y of Englewood and Walt Flanagan
Company, granting permission to Wal t Fl anagan Company to use the
lake at 2095 West Oxford Avenue a s a ~ck wash out area, be ap-
proved and executed, as wr itten .
Re s pectfully subm1tted1
EN GLEWOOD WATER AND SEWER BOARD
By :
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Date:
Subject:
Action:
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MEMORANDUM 'IO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION
OR RECOMMENDATION OF THE EN GLEWOOD WATER AND SEWER BOAP~
May 20, 1969
Proposed Annexation of McL~llan Reser vo1r Lands, North of Arapahoe-
Douglas County Li ne To The Ci ty of L1ttleton
That the Englewood City Council be adV1s ed that i t is the opinion
of the Englewood Water and Sewer Board th a t , s i nce there apparently
would be no benefi ts de rived by tile C1ty of Englewoo d by such
action, the McLellan Reservo i r lands sh ould not be annexed to the
City of Littleton.
Res pectful ly s ubm i tted,
By : L. A. Robohm
lee-Chai rman
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TH i i G~"l M t~T ~dde
I ; 69 , '''r .:~nd b ,, e n t n <!
and I.Ja l t Flano~ 1 and C
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a nd en ered i nto t'l i ~ •I a • ,;
Ci.y of Eng l e•mod , C c,l~, r ir.,·
o a ny , .econd Pa r ty .
Pa•:y ,
r ,r and ir c ;,nside r .Jt ion of 11e '>Ur'1 of 0 '1 e Hu·•Jr.J and no/I O'J J J ll ars
($1 00 .00) r>er r.on t n ;Jaid t.J Firs Pa rt y by Second Par > nn •.nP d a y
of "a ch a nd cv"'ry mon•n beg inn i ng the dd f • i l 3o9 ,
F irst Party gran., oermission to l!cond Par :/ :o" i I ize tre Sou t end
th lake at 2 095 \le'>t Oxford , as i! tru e. v~ash o~· a rc .:J. This
permiss i on d es nu : include an) la nd leased L<.J ~-.c.Ma for r a di n s tatiun
p urp o ses.
The t e r m 'Jf t ri ~ AgrPemc nt '"II be for one yedr b·1~ i L 1ay b
term i n a ted a t any i ne by ~cco nd Par t: upon ~e1 •n Ji!y, r ·J • .,. 1 u
Se cond Pan t given by Jet er o SeconJ PiHt/ 1ddrr•:. .. d .: .... ·he >f i c~
o f Wal t Flan .:Jga n o'lnJ C011 op a n)'·
;ecund Pa rty "i l l n·a in t a i n t nP ,J red ,., e .:. b 1 • 111 d I <!ve I r J:>d i • · ·)!"
oe ,..mittiny no pi11nJ ..>' ..:oncrc te abt.J'/c tnt-;-or ._ .. ~t ... li~ L ..... t'J ..,r •e ba11l
of th e la ke.
Second Pa rty ,r ail c.·lr rr ad e q u il l<' i r•S •rar oC<! l• ~ ,:ct • •; r •
Pa rty aga inst any a~J all c lai m'> of evu ry ty'lc or dar aq· o i r;uries ·~
an y p erson o r orop e ty as a resu lt of tl 11 • use o ' ,,_ ·' ·'·• , ·~ro...i'1 J e s .rrbE:d
a nd sha l l urni ~l r Cnr rles fl . Ca r r o ll, Dir E:~t or Ji :Jtilitie ~ ·) S .:o,,d
Party , \i i th e ' i dence .)f >uc !"r i n'>ura nce .
IN WI TNES S WHEREOF we n ave ne r e to set uu r han ds an~ se a l> L ~P day
o f year first abov e mentioned .
ATTEST: CITY OF' Ell GLt'\100 0,
Bt --------------------------------City C l er
ATTE 5 IIA L T F'LM :AG ._\j .. t.o CO, p, ' Y
ny
fJrc!jj d ~-----Secr e tary
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SUPPLE~I:N T NO . 19 'l'O CONNECT OR 'S 1\G RL.c!'<l::N T
TH I S AGREEN!:.tll 'l', ma de and en te r ed in t o b v and b etHeen t l)e
CI TY OF ENG LEWOOD , ac t ing by and through its d u l y au t h or i zed
Ma y o r and City Clerk , he r ei na f t e r re fe rred t o a s "Ci t y ," a n d
SO UTHG AT E S!\NITAT I ON DISTR I CT , ARAP AHOE liND DOUGLAS COUNTIES,
CO LORADO, h ere i na f ter r ef erred to a s "Dis trict," \\ITNESS I:TII :
WHEREAS , on t he 2O t h cl a y of J une, !'..D . 1 9£1, t he Ci t v
e nte red into a Connector's Ag r eeme nt v•i t i-J t he Di s trict conce rn-
ing t h e connection of t h e Di str i ct seHe r colle ction f aci li tie s
to the City's sewage s ys tem, whi c h Co nn e ctor's Ag reement was
mo d ified and amended b y agreeme n t da t ed t h e 4th d a y o f A~ril,
196 6; and
\v HEREA S , said a g re em ent and mo dif i c at ion t h e reo f o rovided
that additional service areas cou l d b e i n c luded within the
limits of t h e District with t h e ·.~r itt e n conser.t o f t h e City ;
NOW, THEREFOR E , in consideration of t he o r e mises a n d of
the mutual covenants of the p artie s he r e t o , it is aq r e e d a s
follows:
1. The City d o es h ere bv conse nt t o t he inc l u sion o addi-
tional areas s ituate in t he County of .rana h o e , ~ta t e of
Colorad o, d escri b ed as f ollows , t o wi t:
The No rth Ha lf (;; l /2 ) of Tr ac t 77, ~l)e
Clark Colony , o. 3 , in Se ct i on 17, T . 5
s ., R . 6 7 ~. o f t h e 6 t h F r inci~a l
'le r id i a n,
into Southq ate a nitat i on ~i s tr ic t a nd a r ees t l)at s ai d a di t i onal
area ma y be s e rved 11 ith t he s ewer faci l i ties o f t h e Dis tr ic t, and
that the City will treat the sewage disc ha r qcd i nto t he Dis trict's
sanitary sewa g e system and into the Ci t v 's t r u nk line f rom s a id
additional area, all in a ccord ance Nith the Co nnector's J\a r eement
d ated J une 30, 19 61, and t he mo difica t ion ther~of date d t h e 4th
d a y o f Ao ri l , 1966 , be t ween the Ci t a n d the Dis tri ct. 'ccor d-
ing ly, Exhi b it J\ r efe rr ed to in oa r aq r anh 1 of t he modifica tion
to t h e Connector's Aq r eeme nt, d ated the 4th dav of An r il , 1 966 ,
is h ere by amend ed to incl u de t he addi t 'onal a r ea a~ se t f orth
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he reinabov e.
2 . Each and every other provision of t he modi&ica tion to
t h e Connector's Aq r eement, dated the 4th dav of l . ril, 1966,
remain unchang e d .
IN WITNESS !fflEREOF , the 9 art ies here t o h ave caused their
names and seals to be hereunto su bs cri bed and af fi x ed this
day of
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ATTEST:
City Clerk
( S E A L
ATTE ST:
Secretary
( S E A L
CITY OF E GLENOOD
By------------~~~--------------• avor
SOUTHGATE SANITATIO N DISTRICT ,
ARAPAhOE AN D DOU GLP.S COU TI E ,
COLORADO
By------------~~~~~---------P res~dent
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IBTER -OFFICE MBMOAAJIDUM
TO: ENGLEWOOD CITY COUNCIL DATEr MAY 28, 1969
F~r BOARD OF ADJUS'l'.MERT AND APPEALS
RECamENDA'liON : ENCROACHMEHT UPON CITY PROPBR'l'Y
The Board of Adjustment and Appeals rec011111ends to the
Englewood city Oouncil for consideration or approval
of the following encroachment over City property.
Bi ll Crouch Chryler Plymou~1 5001 South Broadway
The appl i cant had encroachments dated la/11/64 and 3/26/68
permitting encroachment of 6 ft. chain link fence to be
eighteen inches behind the wal.k to encroach 8 feet upon
City property . He has since purchased more property and
is requesting additional encroachment.
The total encroachaent will be 606 feet along South Acoaa
in the 4900 and 5000 blocks. This will include the old
encroachment and new encroachment.
The City Engineer has approved the request for the additional
encroachment.
By the order of the Board of
Adjustment an~Apyea}-s /
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Su3ie M. Schneider.
Recording Secretary
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COUN CIL MEETING 1'11 .. 1
IRTER -OFFICB tJBMOitAI1DOM CD':' DE ~f;>_L.E_WOOD, CQL..O .
DlGLEWOOD CITY COUHCIL MAY 28, 1969
PROM: BOARD OF ADJUS'l'MEll'l AND APPeALS
'l'he Boar d of Adjustment and Appeals reCOIIIIlends to the
Englewood City Council for consideration or approval
of the following enc~acluaent over City property.
Columbia Savings and Loan 699 west Balapden
The applicant ia request ing encroachment of parking over
City property a distance of 13 feet for approximately
9 0 ft. 'l'his is now a dirt o trip on the back of their
site at o.lapago and BaiiiPden.
'l'he Board recoaaends the encroacbaeDt with the following
condi tiona a
l . 'l'he area to remain as PUblic Parking.
2. '!'he area to be paved and maintained by the
applicant.
The Cit y Engineer has approv ed the request for the
a d diti onal encroacbment.
8' the order of the Board of
Adju.taent and Appeals
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Saaie K. Schneider.
a cording secretary
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INTER-OFFICE1.
MEMORANDUM
TO : Mr. Dial, City Manager DATIE : May 27 , 19 6 9
FROM : Phylli s J. Wi be, Direclor of Librarie s
SUBJECT : Report on 10 we ek Sunday Library Service Trial
BACKGR OUND I n Janu a ry, 1969, di sc uss ion wa s held among var iou s city offi c ials
about t he po ss ible n eed for the library to prov ide Sunday se rv ice hour s . A s urv ey
of library patrons i ndicated that a majority felt they wo uld use the library on
Su nday "sometimes ". Some were d efi nite ly oppo sed t o Sund ay op ning, and s ome felt
t h y would use the li brary eve ry Sunday .
Information from the De nv er Publi c Library and the Boulder Publ ic Library, at that
time the only libraries in the Denv e r Metropolitan re gion offering Sunda y serv ice ,
s howed h eavy Su nd ay us age of both. Ba s ed on thi s inf ormation , h avy Sunday u s age
of the En glewood Publi c Library wa s predicted.
In a move unpubl icized to us , the Littleton Publ ic Library began Sunday se rvi ce on
Feb. 2, 19 69 , 1:30 to 5 :30p .m., somewhat alte ring validity of Englewoo d predictions
of po ssible usage , and narrowing the area Sunday servi ce wo uld e ncompa ss .
Sunday, March 16, 1969 began the 10 week Sunday trial period e nd i ng May 27• and
excluding Easter, April 6 , for the Englewood Public Li bra ry. Pr e vi o us publicity
had been released to the press , bookmarks were distributed t o patro ns at the library,
at the bookmobile, and through the sc hool s . No tice s wer e placed in publi c areas.
STATISTICAL REV IEW Total Sunday circulation for the 10 we ek trial period at the
Englewood Public Library wa s 1,295. For the 30 total ho ur s of se rvice, this
average s about 43 per hour, which is comparabl e to a t yp ical Friday circulation,
which is the lighte s t day of the we ek .
Circulation ranged from a low of 75 a Sunday to a high of 1 73 , with the median
being 129. Av erages per hour ranged from 25 low to 5 high, com pared to regular
weekday s ervice hours, whi c h range from 65 to 90 checkouts per hour •
A total of approximately 725 people visited· the library on Su nday during the tria l
period. Many of these wer e the s ame pe o p le , counted over a numb r o f Sunday s .
COMPARISON WITH LITTLETON$ EXPERIENCE Figures from Littleton for February 2
through Mar c h 30 show a high c irculation of 325 and a low of 132 , with the median
being 238. Per hour circulation averages 59 with an 8 1 high and a 33 low •
For the S unday s reported, Littleton s how s from 109 people to 43
the library each Sunday. Englewood figure s range from 37 peo pl
wi th a average of 75 per Sunday.
peo pl v isiting
to 11 3 p ople ,
Littleton s tati s tic s for April and May Sunday ci r c ula tion hav e not been r eceived
yet after several request s . JUN 2 1!169
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Number
Library Patrons
Adulta ••••••••••••••
Weather:
165
14
12 8
8
45
2
Cloudy~ Cool •••••••••.•••••••••••••••••••••.. 1
Rain or St·low, •••••••••• , •••••••••••• ,......... 1
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SUMMARY A minimum of potential library users took advanta ge of the Sunday se rvice
hour s at the Englewood Public Library during the 10 week tria l period, March 16
through May 25. A majority of these patrons were hi gh s choo l student s who used the
library as a study hall, occasionally maki ng use of library materia l s . There were
14 new cards issued on Sunday, and 165 book s c hecked out to non-residents, primarily
Denver and Littleton people. In-library reference work averaged 4 questi on s per
Sunday . Telephone reference service was largely unused. Weath er on most of the
Sundays was pleasant and warm. Peak usage occured between 2 and 3 p.m. when about
25 people were in the library. Many student s s tayed the full 3 hours. Some people
came only to u se the restrooms, telephone or copy machine.
ANALYSIS The Interim Standards for Public Libraries, publi s hed by the American
Library Association in 1962 states on page 5 of the report , "The only valid basis
for selecting specific hours and days i s potenti al maximum public use". With more
than 18,000 actual card holders at the Englewood Public Library and a service
population of around 50,000 people -together with potential users of the reciprocal
borrowing program, statistics show minimal usage on Sunday. Usage has remained
rather constant over the trial period. Actual costs of Su nday Library service are
difficult to interpret, but are minimal, with an estimation being under $40.00 per
Sunday exclusive of utilities, maintenance services and s upplies.
RECOMMENDATIONS I would submit that demonstrated library usage over the trial
period indicates that the need for the Englewood Public Library to offer Sunday
service on a regular and permanent basis, September through May is minimal to non-existent at this time.
To offer this special service for the convenience of s o few is unrealistic, and
a less than efficient and effective use of time, staff and funds. One library
offering Sunday service hours to the South Denver Metropolitan areas is evidently
suf ficient for the current need and usage, that library being the Littleton Public Library.
It is, therefore , my recommendation that the scheduling of Sunday service hour s for
the Englewood Public Library on a regular and permanent basis be postponed in-
definitely or until such time a s demonstrated need is greater,
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Mar ch 16th
Mar c h 23 r d
Marc h )()<h
April 13th
April 2()<h
Ap r il 27th
Ma y 4'h
May ll'h
May 1 th
May 25th
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13 8
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75
17 3
154
135
11 7
123
156
144
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ENG LEWOOD PUBLIC LIBRARY
SU NDAY
CIRCU LA TION REPORT
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C IY 'j
MEMORANDUM TO THE ENGLEWOOD
RECOMMENDATION OF THE CITY
DATE: May 20, 1969
c, ouiVc < '69
CITY COUNCIL REGARDING Atf~:Bft f'vte .
PLANNING AND ZONING COMMISSIOi¥:'Gt...e-~1.11VG ~ ooo 'J..e-·Co I..Q;
SUBJECT: Street Name Change -South Pecos to South Windermere.
RECOMMENDATION :
Lone moved: Carlson seconded: The Planning Commission recommend to City Council
that South Pecos between the south city limits and
West Tufts Avenue be changed to South Windermere Street effective
January 1 , 1971.
AYES: Carlson; Lone ; Parkinson ; Woods
NAYS: Touchton
The motion carried.
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By Order of the City Planning
and Zoning Commission.
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TO : City Mana ge r Di a l
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INTER-OFFICE
MEMORANDUM
DATE : May 29 , 1969
FROM : D. A . Roman s, Planning Dir ector
SUBJECT : STREET RENAMING
Th e me mbers of the City Planning and Zoning Commission have
approved a request made by property owners and tenants of
property located on South Pecos Street and south of West Tufts
Avenue to rename that section of South Pecos Street between
West Tufts Avenue and the South City Limits at approximately
Big Dry Creek to South Windermere Street. The favorable
consideration of this action was also requested by John Christenson ,
Chairman of the Arapahoe County Commissioners.
As you know, the extension of this street from our City limits
south through Littleton to East Dry Creek Road ( a mile north
of County Line Road) is designated as South Windermere Street.
This dual appellation is confusing to persons seeking an address
on South Pecos Street who are travelling from the south on South
Windermere Street or from the east and west by way of West
Belleview Avenue thence north on South Windermere Street to the
bridge--where it is all of a sudden South Pecos Street.
This route is apparently the primary access to the area, be-
cause the street does not extend to the north of West Tufts
Avenue , and because access to the area off of West Tufts Avenue
is rather inconvenient at this time. I say this because of the
physical condition of the Avenue, and more particularly because
of both the very dangerous railroad crossing and the inter-
section with South Santa Fe Drive .
There is no other street designated as South Pecos Street which
is physically open to travel from the south County Line to the
point where South Santa Fe Drive bisects the City. The 'street
actually begins at West Jewell Avenue several miles to the
north in Denver .
The Planning Department sent letters of qu e ry to property owners
in the area with the following results:
1. Four property owners favor the change.
2. Three property owners did not reply , so we assume they
have no strong opinion either way .
JUI 2 1969
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3 . One owner of a non-c on f orming r e sident i al us e obj ec t e d
b ec aus e h e had just had 300 postal c ards addr e ss e d and h e
was of th e opinion that th e Post Offi ce would not d e liv e r
his mail to a South Windermere Stree t addr e ss mor e than
six months if the mail were addr e ss e d to South Pe c os Stree t.
(Postmast e r Gurley assured me that th e y would d e liv e r mail
under such circumstances for two y e ars.)
4. One person who leases a building object e d.
The Commission members have considered this matter on several
occasions and are finally of the opinion that the advantages of
conforming with the designation of the extension of the street
to the south outways the advantages of th e uniform street name
pattern.
In order to give the businessmen and residents sufficient time
to make necessary changes in their advertising brochures ,
stationery and personal papers, and to give the Traffi c Department
ample time to make necessary changes in the Traffic Code and
regulatory devices, it is recommended that the change become
effective January 1, 1971 .
The Director of Public Works has suggested that we redesignate
the adjacent South Santa Fe Lane which runs from West Tufts
Avenue north also as South Windermere Street; the Commission
did not consider this point, however.
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:rf"".UI S , (. ~f"M I' S
D. ANDREWS ROMANS
Planning Director
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G f\L.:QiTD -OFFICE MDIOIUUIIDUJI
MEEi iN couNc~: . ..._, ~woQQ. c o LO· ~ OE l::l!tlmiEWOOD CI'l'Y COUillClL DA'l'E: MAY 28, 1969
P'RCM: BOARD OF ADJUS'l'MEN'l' ARD APPEALS
REC<lMMEBDATlOlih ENCROACBMEBT UPON C XTY PROPER'l'Y'
'l'he Board of Adjustment and Appeals reCCllllllends to the
Englewood City council f or consideration or approval
of the following encroaChment over City property.
Englewood Chamber of Commerc e 180 West Girard
'l'he applicant is requesting the encroachment of a IIUlsonry
planter upon City property. They are goin9 to completely
revamp the existing building and wish to have a planter
to enhance the decor of the building.
'l'he planter 47 ft. 10 inche:J in length would encroach
upon City property 5 ft. 6 tn. and would be approxtmately
6 inches behind the Ci ty wa .k.
The City Engineer has approred this enc roachment.
B the Order of the Board
of Adjuataent and Appeals
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S sie M. Schneider,
R~rding Secret ary
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A:) J .J_J~J~~ ,-17 J.. ~~ .. r::.A _/V OF F ICIA~ ~a,l_lfi'n T. Virtue and William R. Wilfe(R" C O ~T"-'C'L ~;'C UMENT
Arc hitects and Engineers
City Council
City of Englewood
Englewood, Colorado
Gentlemen:
1750 Gilpin Street J:J ,l 2 '69
Denver, Colorado 80218
COUNCIL r r::::111,;Q FI L E
Cln OF. ENGLEWO O D. COLO.
We have been commissioned by Mr. J. Bryan Bennett, 306 Johnson
Building, 509 17th Street, Denver, to design a plumbing, heating, ventilating
and electrical system for a proposed dining and lounge building at 3535 Huron
Street in Englewood.
These systems will be designed in accordance with the requirements of
the City of Englewood Building Department, other regulatory standards and
standards of good practice . A basic heating system is shown on the attached
sketc h indic ating minimum ventilation requirements .
Final design of the systems will be complete d upon receipt of kitchen
equipment specifications, etc., from Mr . Bennett's suppliers.
Sincerely yours,
RTV /c l
Enc l.
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Ralph T. Virtue and Vv ill a m H.. Willcox
Arch ltect s and Enginee rs
Cit y Council
City of englewood
l:.nglewood, Colorado
Gent l men:
1750 Gilpin St reet
Denver , Colorado 80218
\ e have been commission d b y Mr . J . Bryan Bennett. 306 Johnson
Buildi.Dg, 509 17th ~t ree t. Denver , t o design a plumbing, h a t mg, vent ilating
and elect r1ca y a t em for a proposed dining a nd lo unge building at 3535 Huron
::.t r e t in Ln& tewood.
The e syst ems will be designed i n a c..:ordance w1t h t e r qutrement s of
t he C ity of E nglewood Building Depart ment. other regulat ory tandard and
s tandard· of ,ood pr c t ice. 1\ basic h tlng ystem lS shown on t h a tta c h d
sket ch indicating minimum venhl t ion requiren en .
Final design of th e syst ems will b complet ed upon rece1pt of kit chen
equipment specific tiona, e t c., fro m Mr. B nn tt 'a auppliers.
tncere y yours,
H.TV /cl
h n cl.
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Halph T . Virtue and Y..illi a m H. \ illcox
!\r c hltect and E ngineers
City Council
C ity o! l:..nglewood
E nglewood, Co lorado
Ge ntte m n:
1750 Gilpin Street
Denver , C olorado 80218
\ hav be n commissioned by r. J. Bryan Bennett, 306 Johnaon
B uilding, o09 17th ..>tre t, Denver, to design a plumbing, heating, v n t ilatJ.na
and electrLca a yate m !or a p roposed dining and lou nge building at 353:1 Huron
::.tr et in t. ng lewood .
T s eyat en will be desi d in ac.:ordance wtth the requ remen of
the City u! .... n ••wood Bullding Department, other regulatory standards and
stan ard1:1 o! aood practi e. A basic heatin& system is shown on the attached
sketch indic tlng minimum ventllation requiremen .
Final d esign o! the syate will be completed upon receipt of k itchen
equipn,ent spec i!icatio c .• from A"r. B nnett'a suppliers.
,:,incere •y yours,
(
lTV /cl
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IN T'dE DISTRICT COUitT IN MID FOR THE
COUNTY OF ~~C fAc
STATE F CO CR'ill O '"' ~UMtN?
Civil Action No . 26 8 33 JU/( 2 '6g
eouN CJ~ CtL. 1\1£:
BERNICE ?-I . BUCHLER , )
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OP. €NGL E. Tttv a F €Wooo 'L.E
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Petitionor,
vs.
J'AHE S F. MEZEN , KE~ lETH l-1. )
v1ETTE P.S TROl1 , DUDLEY F. )
PITCHFO!ID, STAln..EY E. PJIO:>US )
and 'I.JI LLIAM A . CLAYTON, all )
as members of the BOARD OF )
ADJUSTMENT AND APP EALS of the )
City of Englewood, Color~o, )
nnd the CITY OF ENGLEWOOD, )
COLORADO, and BERYL A. WALLACE, )
Chief Building Inspector of the )
City of Englewood, Colorado, )
Respondents.
)
)
ORDER 1 FINDINGS
AND JUDGMENT
The Court grants the motion of petitioner to amend the
·.
caption of the action by deleting the name of Edward B. Cartwright
as a respondent and substituting therefor the name of Kenneth W.
l-Tetterstrom.
This matter comes before the Court under Rule 106 (4),
Colorado Rules of Civil Procedure. Writ issued pursuant to the
petition and return was made. However, at the time of oral
argument thereon it developed that the respondent Board of
Adjustment and Appeals of the City of Englewood, Colorado, bad
failed to comply with the terms of thcs zoning ordinance of that
City • in that no findings of fact wore made. The matter was •
therefore, remanded to the City. A supplemental answer and
return now have been made and the parties have elected to diapense
with oral argun.c nt thereon. The Court now rules as follows:
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The subject property i s in what has been denominated
R-3-B, mu lti-fam ily r es cnc_ J:u;r ct, in t h o Eng1owood, Colorado,
zoning ord inance. The ordinunc a requires th a t if tha lot ia to be
u~cd for profe ssional o ffices it must contain 9,000 square feet.
Th<l subject property has \.rithin ita perime ter on'-Y 6,400 square
fe t. Hat..rever, measured f om tha front curb 1 tne to the rear
liu6 adjoining the alley and from the side cu4b line to the south
boundary, the measurement is 8,800 square feet. There ia on the
property presently a single family residence.
The Board of Adjustmsnt found that the plight of the Ok~er
is not due to general conditions in the dhtrict but was created
by the owner or owners themselves, the owner having purchased the
subject property after tho adoption of the zoning ordinance.
Further, the Board faun~ that the devclorment or use of
the property, if held strictly to tho zoning stand~~ds of the
district in Which it is located, can yield a r-easonable return in
service, use, or income compa red to adj.:1cont and conforming
property in the same district.
As .:1 conclusion of lau, the Court finds that the finclinga
of the Board are supported by the facta ancl, therefore, the Court
cannot say there was an Abuse of discretion.
Therefore, it is ORDERED, ADJUDGED AND DECREED that the
prayer of the petitioner be cleniocl and that the case be cliamiaaecl.
Petitioner may have aixty clays in which to loclge reporter's
transcript.
DONE IN OPEN COURT this 27th clay of May, 1969.
BY THE COURT:
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RESOLUTION NO , ERIES OF 1969
RESO LUT ION '\UTHOR I 7.ING THE CITY MANA GER TO MAKE f PPLI CATION
U1IDER THE FEDER"L DIR ft STER CT FOR REifl!BURSEl':ENT OF CO TS I CURkED
IN THE MAY , 1969 F LOODING.
BE I T RESOLVED BY THE CITY OF ENGLEWOOD , CO LOR/\DO .l' follows :
1 . "t"n1e~ H. D:· 1 , C~ ty fo1a nnger , o r h i duly u pp oi nted
s ucces or, be nd he i lereby uthorized to ~xecute for and ~n
be hal f of the Cit of Engle\ ooct, Color:l o , a public em. ty el~tab
llshed ,mdcr th<' lam; of the St1.te of Colora do , this uppl'cation
and to f j 1 1 ~ in Lh£ appx·opria te Sto. te of f i ce for the purpooe of
obtalninc cer :lin Fedcr3l f i n::mclal a.nslstance under t he Federal
Di sas te r ct (Public L 'HI 875 , 81st C o ngr e~s; 42 U .S .C . l v 55 -1855g).
Mayor
Atte st :
City C ler~-Tre as urer
I, Stephen • Lyon , Ci y Clerk-Tre surer of the City of
Englewood , Colorado , do hereby certi y that t e a b ova ~no foregoing
io a true , ac curate and complete copy of a resolution passed by
the City Council of the City E~~lewooG, on the ______ day o f
------· 1)69 .
City Clerk-Treasurer
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TO : Stephen Lyon
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INTER-OFFICE
MEMORANDUM
DATE : May 27 , 1969
FROM : Q. J . Sagrillo
SU~ECT : RESOLUTION OF INTENT FOR SIDEWALK IMPROVEMENT DISTRICT 69
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Please find attached a revised resolution showing the scheduled
dates and the location of the District with prices and their
per unit breakdown.
It is my understanding that June 2 is the scheduled date for
this resolution.
~ Q. J. Sagrillo
QJS :pd
att.
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Location
2700 block of
South Acoma Street
2800 block of
South Acoma Street
2900 block o f
South Acoma Street
3000 block of
Scu th Acoma Street
3000 block of
South Bannock Street
3100 block of
South Ch erok ee Street
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Lots Block Subdivision
1-24 9 Idlewild
25-48 10 Idlewild
1-24 16 Idlewild
25-48 15 Idlewild
1-24 17 Speers Broadway Additi o
25-48 18 Speers Broadway Addition
1-24 24 Speers Broadway Addition
25-48 23 Speers Broadway Addition
1-24 23 Speers Broadway Addition
25-48 22 Speers Broadway Addition
1-24 3 Bee's Addition
3-12 Henry Addition
& that part of the NE! SW! Section 34
T4S , R68W of the 6th P.M. described
a s follows: Beginning at a point
on the south line of West Dartmouth
Avenue 166.3 feet east of the west
Line of said NE! SW!; thence east
125 feet to the west line of South
Cherokee Street; thence south along
said west line 100 feet· thence
west along the north line of Lot 3 ,
Henry Addition 125 feet to a point ;
thence north 100 feet to the
point of beginning.
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! , 70 .._)~ IG\0\·~:, .·.s SIJ S ::LLl~ :; .. :.'HO': ....... ·.':-:J . s·.·:-!IC'2 :\O r .
...... ...,. 4 -.o.J
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·.·.-'-~S ,-..~~D S .:~ECt .. J.Ct'".r;?IO~S 'l' ....... RL:-'·Jt{; ... ''~c.~:..:SE .. ;~G .-\ or .. T~
.. J:< ,\ .. 'u~~.u c !ii:.: ~:-NG LJPO ..... T •• l. c.~;:,:.i'lO., o:·· s,.::J j):::sTai
.. ; -~~~·.ul.L, '~I O~· r.:-.0 1~1..'\ILI:\G ·J ~ ,'O?IC :·. ' ... ~ .... v .: ~0 7~•L
.: .. ..:;-(I.,\5 Article X , Se ction 10 7 I o : t h-.:· c: . .:rc\...r o: -~2
C~t~ o ~ -~glcwoo , a1d t h~ p rov is i o~s of Or~·n~~cc ~o . , S~rics
o~ ~~65 , a :so ~town ~s Ch ?tcr 14 of ~.0 ~u .ic~?~-Co~e t~o ~ize
the City Co n ci oC t: c City of ~~s lcwood on its O\Jn ~l~ia tive
an~ ~it~o t trie neces sity of any pd ~ition 0y ~h a :~~~~~~ ·an·-
o w. ers , to crcat local im ~roveme n t ~·s t ri cts for~-~ consttuction
i~~ta l:~t ion or i Dp rovcment of a~y ~Lulie im )rO vcr~~~. or any
c:. .... J)ul:~~nc:.nccs , e xtensions or rcneH i.lls ~r.e ~~cof , •:.:1.:.c:1 co::. fer a
special b c ~cfi~ upon the property ·w i ~n ·J t~ di5~~.:.ct , a~c
•.~dL:<~nS City Council r. s c.cr e:t.o.for de:te_·:-:j !1._u t !":ut t >.\-
cor,.; t:::-c t io ar.d i s t al li.l tion o:: ·;:,:esc ir.:?-·o ·.-"'~·"';1 ~5 d~scr i;:,c-J,
h ere in!)al o \'' V!OL..ll se rv ~ t '.e i? O J ic \·J e::art! ~ .-.~ \:o· c o r. fer
S?Ccia l DC efit ;;;o n t. .e re.::1l pro :)c::~~.' ao · tting t::-.e sa:-::12 "'" , for
b1~s reason , h.::;.s ca s eci tht: Di:::-.::c;:o.c o: .?-~lie \·:o r~s t o ;:-::c,J.::.re
pre:...:. . ..._, ary S'..lr veys , estimates anC. ma?S i.. relatio.1 t erc~o , wh ~ch
survey:;, e:2 ~i .. ate s an maps are new on fi:...e ~:-, t. off 'c e of t~e
Direcc.or O -?uoli c Works ,
~Qt;J , T;i .':\E~"OR E , BE IT R::"OLVED !.3Y T '1£: CITY Cvli ."CIL OF THE
CITY OF E~G ~EWOOD , CO LO DO , as follo~s:
1 . Tha t, s :;ject to t ri e :_:.rovis · o--:s ar.-Cv .. ,.:_ -.i.O .. s con~aine
w~tn 'n the C artcr of the City of Eng.i.uwooc , v~--::.~~~c ~o . 14 ,
cries of 1965, an any a;:>p::..:.c ·~le st<..t -te , C ~t.~· Co-:-.c.:.: .. c:::e by
C...ccl re..; t ~"'lD.l: it is its i r,L.ent -c.o cr~·t e a :oc~: ';.)rove::.e nt
aisc...: -'-' t, to be i<nown as Side·.:alk :~.lp!'O'-''-'·:.c .. t .;.:.s ~r let. .. c . 68, fo r
the c or.st r ction and install.::tion of ~·.osc rJ ~-.l.C .:. ... :J rovcr:te nts here -
inb low dcscriued .
2 . ~.~~ the survefs , estimates ~n~ ~a?s ~crcco:"or )re?arc
by • •. 1c ,;_1·~.....: ;:or o: Pubiic \·~oc:-s ar..:: . er"'by .::;:;y::cv'-~ r.:. adop ed by
t ~~,; cr> ;.cil or ·se in t ::-,c co. s t r-ct.:.on c.r.C. .:.:-.s-.:.}L:;;;io. of
tLo.:)~ ~ T.,~rov\..!r.h.~n ts to 0c raa e in 1:.:~e :J ro.;>c...s~.JC: :... }~ov .... r.-.c :lt dis t.::-~ct .
3 . ':.,r.t.;.... t i'"'.E= asse: <;:ne:-.-cs t:o ~e :cvi ..... J i c _:-s..J.:. .. : i :"".:;..:-o v r::cn ts
s. all ~e Ju~ GJ1 p y&b:c ~it:~·n 't:.~~rt: ~~y s ~:c~ a~· n~~~r
t •'-f ~r, l ;n..:Olic tion of -c f ... c a r ·ir,.:::nc \.... u..J.:;~...,.:.)s:'..:-.. · t. .. .: ,_,.·ole ~ct ~a
COS;: o: S C:. i rr.[J rOVC~ .. e , ts sai"=.;: -.~0 :."-::.1 .~~v_,._r<' .:_ :o.i~:
~3t~1C't:.. ~-c se any ow~2~ o i r c l c~~~~c ~~:~i: ~~~l ~u ~ny t e
••1 ~"'.0l0 o..: St...c : aSS(!SS:.k::;:t c.c_;.:.i~.S ":. :-;:..::. _. :_-; J. ... _:-::.~: ,.;:_ ..:!-'.:~ ~'---C t.!'"'.::..:rty
u. ys, ~ .. cr. L . e , __ : o, L: co.:>~ o: '-:-.c .!.::-.:J::)'h · .. ..::...:.:...: 50 i.. .... ...i ...... j;..;~~.~ ~-g'""'i .. 3t
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v: :.. .. ~...~ -· .... r. ~lJ ... 6 , c.~ ......... 3 ~!1 ... ·-· ! ..... "''"-'--.. _;..u .. ~~L.:t _ur i...h u.r.d.
t ...... C~ .. ;-~C:G., c..:":. :--• .:l C:C O rL<..J !)C .._: v..·ic.~ ......... _ .C•.!LJO..:_, :)-~,::-.S, ,---....... .~!=-;,
s ..... cc .. ~:.(; . .:.!.o:1s, ·ct:.:t ils o. · --s tin ..... ~o.:) c_ t r.~ i)ir~~::.or oZ .._->ul..~lic
.. o:--a.:> oL: s-~. City, .h.~l"l.!ln J..."~fcrrLC. ta .
, .. ,_,.Hi: t .. ...: pro;_:>o3ca ordin ..... :~..:: ...... \v ill ~e .:i.nt..rodu c..J · U,:, a Bill
JL L .• ~ c0s l~~ m0ct~ng of t~e Ci~y Councii OL 8 :00 o 'c"ock p .m .
o;. t. • ._ i:-1-th day of June , ~.
2 ;~l9
7 . ~ ac pu~lic ,cari ng ~~on b ~ ~:e~~ion o~ s~c. "i ·tr~ct
.Jr. u ·.;o:::. LL0 Ji.Ll for ar Urdi : ..:.:~1c c·, re1.~.. :r~..·C. to 2.o ov~: .:;t~al: Le
i1e::.C: ~c:o r e City Co nc~l at Ci~y ••dl1 , >.OJ souc.h Blat·, Er.•J cr.vood ,
COJ..Orc..J.o , to cor::r.lC :'.CI.! at 8 .00 o 'c ::.ocJ.: .Ll~ .. o. ;.,o. d ;, J~9 ,
19G U!1 t. Cit not..i.cc o= t: .~ ?r0_?050J i ... ._JJ.:ove:.,8:1t:S c giv12 u:' the
C~ty Cle rk an "? Dlishe" in tr.c Lr.g le:..::cd i-.e::::-alu anC:. E.1ter;nise ,
a r~c~· . .::;=..).:t· c:-p1.:b ishc unu of :Jen~.cc...l c..:.. c~,..i .:. -ci.:.. in ·a1~,.~ C · ty ,
in t. re~ c ons ccu ti vc v:ee:~ ly e<ll t:io .. s , c:-.L!.cein s l vi. g . ·at 1cc to 't.he
ow~~=s of t: e proper t y co Je S3edscd oi tr.0 ~at~crs D~1 t ings
rt=c,~::.rl.!d by la1v . At or 00ut c:1"' ti;nc of ::::1..: .:::.:·st iJ •. .:.ica tion ,
i\otic.:! si all also be given · y prcc'• · r.li.lil to al kno1,·n owners of
pro erty to be assess e d witn the cost o ~ said -~prov~mc ts .
8 . ~e not ice to be ub ·she· shal~ be
foll owing fo rm :
s· · st..:.a~ia lly t be
NOTICE OF ;'UoLIC i-.L"':::::,G UPG.: C~ •. :Io,·
OF ,'\ LOCA:::. Di?ROV..::.•\8. ·:: I SS.'.,_CT :;,
ENGLL\'100;,), COL0 3ADO , 'l'O ..,: .. : .0.-::, .,:;
SIDE\·it.L.< : .•l:?ROVL:lZ:,'.' IS'i':{:JCT ~f/.
TO ;t..;,K_ CER'TAii\, !.\~/.'.~ . ..:.:. . .;~ ~ C: S , .. ,D :.• •• ROVE -
~i ·.-S '0 SI;)EI·."ALKS •r.:Et<.2I.'1 .' .. ' L.·.· J',
l~ARI~G UPO, A DILL FO A 0 ~I~H~
CR EAT I 1G SUCH DIS?.ICT.
1\ll owners of r eal estate an pro?e::::-ty ::._:::c.;::.: .... "cer :..: .. cri' c ,
an 11 pers ons generally , £:e nere b y notific c : ~~ t~"' C~ty Council
of ~. glewoo , Color do , pursuant to its own o r ·cr , ~n~cr ~~e
provi ion s of its ho~e -rule c ar ter, has app·ovcc Qn~ o~tc
c0rta ~n surveys , esti~at cs , mu?S , plans and S ?~c~:~catlons for the
i s1:. ll ti on and c o::str ction of siaew .:..:"' wi.:~.i . .::n· ~or p::::-o poscCi
loc.:.l i .. r ov~ment dis~r ict 1 't hi. tnc c orJorat:.; .:.::.;-.~:::: cf le1vood ,
Co.:.vrado , to b0 know:1 a s S.:.dew 1~· I::l :)rOV.J~-::enc ;)i.;tr::.ct .\0 . , has
a opted rcso tion of it s i .cent to c r a1:.c sue~ t.:.strict h as
"irectcd th t Bill for a ~ Ordinan c e , cr0.:.1:.ing s · .... a1scri ct , be
iz tro · ced a c · ts re g ular r .. ..:et ~n g on ;._en y , J'une .L 7 , ·1~68 .
I . '?
Sa1a perso:~s are fur t.:er :-.otifie.:l ~!> fol:.::>•.vs :
(a) '1\:0 ir:\~J.::-ovcril~r!ts to .::Je: i:;st:...::. _cC. ! •. s~...iC:
"isi:'ric'l: co . Ji;.:.t o~ t.. .. c .~~-~c~~3~ ..... Y i .. .:J :. .... .:.: .... _.io::,
re.:aJv~.:.. .:lnl.i r(..:._Jl.J.c ...... ~r. t ..;.-cu.:~ c..:-........ c ...) :. ...... \.-......... ,
cur.J =-~ .. gutt~::, i;O':J t!".\..r \, ___ :::.\:; ~ ... ..: ................ ~..,;.;:;
.... :-:~...~ i:~..::iCen _.:t .. :;, i.1 t:.:: ~r..'" 1·:...\_.'··-J·:-'.·.:..._· ."'Y'<~
conti':l..:o s to t !1 c _o l.o·..:: r.-:; -to.~ .,.. L 'T "'
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..... ~(.-':-est ,::,::(..li ..... (.· <... ... ..:! UljC... ).::·r ...... .-~1 at s~c1 tlr1L!
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o:. ... \ ... t£~::c...:, ~l1U t:..dc .~c·-....... :t.c..L..:-c: .;.){. . .:c~ i"'"',s~.::llrrt\2r.t.5
sl1,. ~ l b..:! cJG.c anC::. _;r..J.:t'.:lL.lc ~i.1CCI...!s::ivcly on tnc sa.:1c
t. ... .-; o~ e~c year t .. l.3rc:~::.: ... (;.:-, u:1 :.il .::1 re n
f~J.l .
(c) 1. s::o·.::~ by t:.~~\3 ... "s-..:_:-· .. 1 ;:_( s :>:2 t::11.1 u .... ~c c tor u:
t''-0, ..:..~ .. or~~ 1 -c.:'l _)rv ... -h, .... .IJlc costs to \..; t.s~t2s.,..a~
i:gilinst: t: c !:'12 :!. • • .. ..~ ... 2.::-.... _, .··:it,1i .. 1:..-:e """i.:.:; ~r1.ct
[o: sa.::... r..£)rOVL.o .. ....:!"" ......... I .. l:'C :
\'c=tic~: C~=D ~~~ S-~Ler
Si e1 .. 1: (<. '· r; .. iCh/
.:J riv e;• .. <:~y (6" t ... -c., i
Rcnov -1 ~ ole ~-cc ~~-~s
Rcnoval o~ oid v~rticu
curb u:lci s utter
2 . " . b
.::.
-~
. 74
:·,0r ::i.n .
~~.-.c .>q .
:)~r sc:.
?Cr s
tJ8r l in .
=t .
f~ .
::t .
"'"' .. ~·
ft .
(f) 'l\,'-'t <:~:1 y ;:.:>crsc.1 dc.,iri;.g to ;:,c i•~ ;;.,Jo:1 the
.:.ssuc a: t e creat:.on c~= -.:f"n2 <.:.ist:rJ.ct, t:..J ·jJ~ -c.:.e
construction , ins '"'11 · t io.~ or t: . ._. .;,~.:!)rov~.c m:s
i valve~, or upo t::e ._;.i.l [o.c ..t:l 0:-c.:..r,a:'lc~ to
be introcuced , ~a y ~~?car <:~t t . c ubove ti~ and
place for that p rpose .
Dated this 20tl day of i-i a ¥, 1968 .
~l a y or
lttest :
City
shit ~ e L.gJewoo ~erald
Pt.blisl on :·iuy 23 , 27 a. d June 6, 196€.
I , Stcp~c. ~. ~~,o~, C'ty ~:~~~-Tee GL:O~ c! t~l~ C~~y o~
·'ns~eu o od C.o ,crcby certi f y ' ~: at t:·w a .... ovc ..:.:6 i"o.=.;:,so:..:.g is a
tru~, ~~curate ~~d co~~-~te CO ?Y of 2 rc~olu~·o~ ~u~s ·L ~Y th~
City Co ~ci1 o! t~~ c·iy of L.slew ood C;~ a reg la~ ~euti ~
'i e _c: on :.:u.y 2 , 1.9.6 3 .
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RESOLUTION NO. -~· SERIES OF 1969
RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK
TO PUBLISH All BILLS FOR ORDINANCES, EXCEPT EMERGENCY
ORDINANCES, IN FULL AHD TO PUBLISH All ORDINANCES ADOPTED
ON FINAL READING BY REFERENCE, EXCEPT EMERGENCY ORDINANCES,
AND EXCEPT AS OTHERW ISE, FROM TIRE TO TIME, DIRECTED BY
TH E CITY COUNCIL.
WHEREAS, Sections 40 and 41 of the Charter of the City
of Englewood provide, in effect , that all Bills for
Ordinances, except Emergency Ordinances, must be published
in full not less than seven (7) days prior to their final
passage ; and
WHEREAS, the aforesaid sections of said Charter
provide that, after adoption, every Ordinance must again
be published, either by reference, or in full, as Council
may determine, except Emergency Ordinances; an d
WHEREAS, Council is desirous of establishing a uniforM
procedure for the publication thereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, that, except as Council
may , fro~ time to ti~e. give specific direction to the
City Clerk of the City of Englewood to the contrary, and
except where the provisions of the Charter, any applicable
statute or any applicable Ordinance may establish a different
procedure , the City Clerk is hereby authorized and directed
to follow the followinq procedure for the publication of all
Bills for Ordinances and all Ordinances introduced or
adopted by this Council :
1. IMmediately upon introduction, and passage upon
first reading, of any Bill for an Ordinance, except a 8ill
for Ordinances necessary for the iM~ediate preservation of
public property, health, peace, or safety, the City Clerk
shall forthwith arrange to have the sa•e published in full
in that newspaper designated as the City's official newsp•per.
2. Upon final adoption of any 8ill for an Ordinance,
except Ordinances necessary for the tm•ediate preservation
of public property , health, peace, or safety, the City Clerk
shall cause satd Ordinance to be published by reference,
and not in full. The form of such publication by refer~nce
shall be as follows :
"NOTICE OF ADOPTION OF ORDINANCE
"On the day of , 19 , Cfty
Counc il of the-Ci t y of Englewood adopted , on final
readin , the following ordinance :
ORD INAN CE NO. __ , SERIES OF 19
BY AUTHORITY
[herein insert the tttle of satd ordinance,
whtch shall contain a su•••ry of the prov1stons
thereof.] I •
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Copies of the aforesaid ordinance ere
available for public inspP-ction fn the offfce
of the Cfty Clerk, Cfty Hell, Cfty of Englevood."
3. For Ordinances necessary for the i••ediete preservation
of public property, health, peace, or safety, there shell be
no publication of the se•e as 1 Bill prfor to Council's
ffnel actfon upon the sa•e, but wfthfn seven (7) days of
the ffnal passage of such Bflls for Ordinances, the City
Clerk fs hereby authorized end directed to cause the same
to be published in full in that newspaper designated as
the official newspaper of the City.
Mayor
Attest :
t, Stephen A. Lyon, City Clerk-Treasurer of the City
of Englewood, do hereby certify that the above and foregoing
is 1 true, accurate and complete copy of a resolution passed
by the City Council of the City of Englewood, on the __ ___
dey of -------• 1969.
Cfty Clerk-Treasurer
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RESOLUTION NO. 2J __ , SERTES OF 1969
RESOLUTION RECOGNIZING THE IMMINENT NECESSITY FOR THE
CONSTRUCTION OF AN EXPRESSWAY TO SERVE THE SOUTH AND
SOUTHWESTERN PORTIONS OF THE DENVER METROPOLITAN AREA AND
CALLING UPON THE COLORADO STATE HIGHWAY DEPARTMENT AND
All OTHER APPROPRIATE STATE OFFICIALS TO TAKE WHATEVER
STEPS MAY BE NECESSARY TO ASSURE CONSTRUCTION OF THE SAME
AT THE EARLIEST POSSIBL E DATE .
WHEREAS, the south and southwestern portions of the
Denver •etropolitan area are not presently being served
by 1 freeway connection between that portion of the
metropolitan area and the downtown Denver area; and
WHEREAS, there has been in the recent past considerable
commercial and industrial development in said portion of
the ~etropolitan area, and there will be, in the future,
contir.~c G g rowth and expansion in thfs area; and
WHEREAS, this develop•ent and expansion has caused
considerable increase in the a•ount of traffic flowing
between the south and southwestern portions of the Denver
•etropolitan area on the one hand, and the downtown Denver
area on the other ; and
WHEREAS, it is the considered judgment and opinion of
this City Council t hat the present street systems servicing
the two areas are presently inadequate and will continue
to beco•e more inadequate as time passes ; and
WHEREAS, it ii the further considered judg•ent and
opinion of this Council that no redesign or expansion of
the present street system would be, or can be, adequate to
acco••odate the projected traffic loads for thts area and
that only the construction of a freeway in this general
area will adequately solve the traffic proble•s now being
encountered, as well as those to be encountered in the future,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO that this C1ty Council
should , and does hereby, call upon the Colorado Oepart•ent
of Highways and all other officials of th e State of Colorado
charged with the responsfbfltty of developtng and i•ple•enttng
adequate traffic planning and construction to take all steps
which may be necessary to assure construction of an adequate
freeway syste• to serve the south and southwestern portions
of this metropolitan area with all deliberate speed to the
end that such 1 freeway construction shall be co•pleted at
the earliest possible •o•ent.
/ii£~u c~~ '-.a//
Mayor
Attest :
Cfty
I, Step~in A. lyoR, City Clerk-Treasurer of the City of
Englewood, Colorado, do hereby cert1fy that the above and
foregoin g is a true, accurate and co•plete copy of a resolution
passed by the City Council of the City of Englewood, on the __ day of ___ __ , 1969.
Cfty Cteri-Treasurer
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7
TENTATIVE AGENDA
FOR REGULAR COUNCIL SESSION
J NE 2, 1969
:00 P.M . Call to order, invocation by Msgr. Berna rd Cullen of
the St. Louis Catholic Church. pledge of allegiance led
by Boy Scout Troop No. 333, a nd roll call.
1. Minutes.
2.
(a) Regular m eetin g of May 19, 1969. (Copies
transmitted herewith.)
Pre-scheduled citizens and visitors.
,.... Q/~
D /___..-
(a) Recognition of "special guests" of the Co~~
3. Communications.
(b) Minutes of the Parks and Recreation Commission
meeting of May 14, 1969. (Copies transmitted
herewith.)
(c) Minutes of the Board of Career Service Com-
missioners meeting of May 22. 1969. (Copies
transmitted herewith.)
(d) Minutes of the Planning and Zoning Commission
meeting of May 7, 1969. (Copies transmitted
herewith .)
./ ~ Minutes of the Water and Sewer Board mee ting
\. . of_ May 20, 1969. (Copies transmitted here-
V' J' With.)
,r1r J ""J / 1. Memorandum recommendin g authori-
zation for the Uti lities Department to
(_ replace an existing sewer I ine to serve
2.
3.
the Conservative Baptist Theol og ical
Seminary.
Memorandum recommending an ex-
tension of a Connector's Agre e ment
with the Cherry Hills Sanitation
Association.
Memorandum recommending the in-
clusion of additional land into South-
gate Sanitiation District.
4. M e mot·a ndum recommending an agree-
m e nt with the Walt Flanagan Co mpany.
5. M e morandum r eco mm endin g that
McLellan Re se rvoir no t be an nexed b~·
the City o f Littl e ton.
M e morandum from the Board of Adjustment
and Appeals r eco mme nding (Crouch).
(C opies tr'ansmitted herewi th .)
M emorandum from the Board of Adjus tm ent
and Appeals reco mm nding (Columbia).
(Copies tran s mitted h rewlth.
r
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TENTA TIVE AG EN .A Fe~ ~EGULA~ CeUNCIL SESSie
JUNE 2, l !i!
l"a&e 2
3. Communication s. (Continued)
4 .
5 .
(h) Memorandum from Mr. J. Robert Mack ,
Assistant City Manager, regarding legal
publication costs. (Copies transmitted
herewith.) ... rJ .... t.-z: ~~ ~~ ~
(i) Memo randum from Mrs. Phyllis J. Wiebe , I J ., , ~ • ) t /.1'1"
Director of Libraries, regarding Sunday ..-1 ' ' ~ ~·
library openings. (Copies transmitted _ __::::::_!.Jt~.:."-------
herewith .) ...-
Me morandum from Mr . Kells Waggoner ,
... ~''l>Ublic Works Director , regarding clean-
up of the Kingsley property. (Copies
transmitted herewith.)
(k) Memorandum from Mr. Stephen A . Lyon,
Finance Director , r egarding central cash
accounting . (Copie s transmitted herewith.)
Continuation of a hearing regarding the Peanut Barrel
liquor license.
City Attorney.
(a) Ordinance on final reading vacating th e 5000
block South Broadway-South Acoma Street
alley. (Copies previously transmitted.)
(b) Paving District No. 17 (1968).
1.
2.
Bill for an Ordinance establishing
final assessments. (Copies trans-
mitted herewith.)
Memorandum from Mr. Stephen A. /
Lyon, Finance Director, regarding
the transfer of funds. (Copies
transmitted herewith.)
(c) Resolution of intent to form Sidewalk Improve-
ment District No. 69 (1969). (Copies trans-
mitted herewith.)
(d) Resolution regarding the construction of a
Columbine Freeway. (Copies transmitted
herewith.)
(e) Attorney's choice .
6 . City Manager.
(a) Report on a community action plan for Engle -
wood. (Copies transmitted h rewith.) f)~ "-v-_ ,.-j I
/ ~7 y .
(b) Report on building construction use taxes. ~ ~
(Copies transmitted herewith.) & 4A .
~ C ~--~"I
(c) Manager 's choice.
(Cont inued)
~v /
1
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TENTATIVE AGENDA FOR R EGULA !{ COU CIL SESSION
JUNE 2 , 1969
Page 3
7 . Recognition of non-scheduled citizens and v isitors.
8. General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
9. Adjournment.
STANLEY H. DIAL
City Manager
SHD/ij
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*A BILL FOR AN ORDINA NCE
**QiJHtttt~!fe!! NO.
AN ORDINANCE APPROVING THE WHOLE COST OF
THE IMPROVEMENTS MADE IN PAVING DISTRICT
NO. 17, IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT
. OF SAID COST TO EACH LOT OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN
THE DISTRICT; PRESCRIBING TilE MANNER FOR
THE COLLECTION AND PAYMENT OF SAID ASSESS-
MENTS; AND DECLARING AN EMERGENCY.
,_
WHEREAS, by Ordinance No. 10, Series 1968, finally
paaa~d and adopt~d on March 18, 1968, the City Council has created
Pa¥ing District No. 17, within the City of Englewood, for the
purpoa~ of constructing and installing certain street and avenue
t.prov~menta therein; and
WHEREAS, the improvements authorized by said Ordinance
have b~en complet~d and accepted by th~ City and the whole cost
of auch improvements has ~en determined; and
WHEREAS, an aaaeaament roll has been prepar~d and a
atatem~nt ahowing the total coat of the improvements has ~en duly
fil~d with th~ City Council and due notic~ was given that the City
Council would •~et to hear and consider objections to the assess-
ment roll on Monday, May 12, 1969, and that the owners of property
named in aaid aaa~aament roll might, on or before May 8, 1969,
file with the Dir~ctor of Finance, in writing, his or their objections
~o the •••~•.menta; and
WHEREAS, the City Council has heard and considered all
objections to the aaa~asment roll; and
*Ina~rt on First Publication
**Inaert on Final Publication
-95 -
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~ ~ Subdivision Original~
Roy E & Gladys E 6
Worley
4595 South Kriox Court
Akron Associates, Inc. 7
2 50 0 South Broadway
Akron Associates, Inc. 8
2500 South Broadway
Akron Associates, Inc. 9
2500 South Broadway
Akron Associates, Inc.lO
2500 South Broadway
.Albert R. & Vivian L. 10
Seip ·
4891 South Clarkson
Phillip R. & Arlene 11
Lavon Watkins
4887 South Clarkson
2
2
2
2
2
80
80
Pleasant View $237.28 None
Second Filing
Pleasant View
Second Fil i n g
$407.5 8 $426.10
Pleasant View $414.75 $470.52
Second Filing
Pleasant View
Second Filing
$551.29 $441.43
Pleasant View
Second Filing
$361.81 $634.66
Town & $ 71.05 $489.26
Country
Town & $460,84 $ 42.63
Country
Goorman Investments, 17-32
Inc.
6 Englewood $4,184.03 $4,387.84
940 West Hampden
The Park Floral co.
1090 West Hampden All that portion of $6,391.86 $6,188.05
Englewood lying west
of s. Jason St. & east
0~ A T & S F R R Co.
R.o.w. bounded on the N
side by Hampden Ave. and
on the 5. side by Kenyon
Ave. in NE~ of Sec.4-5-68
except book 1176 page 168
Estate of Dorthea White E~ 7 F. P. Gumaers $526.75 $509.63 Glenn & Edward L. Glenn N~ Broadway
c/o Edward L. Glenn Jr, plot Heights 463 King 1
Louisville, Colorado
Robert E. & Mildred 4-6 6 South Bdwy. $421.93 $353.42 Irene Woodward Heights 3906 South Sherman
Bernice A. Hyde 48-49 E~ Higgins $476.77 $430.73 3511 South Clarkson 1 Englewood
Gardens
Ben E. & Lily M. N 23'
Garcia of 27
18 Englewood $134.19 $ 88.22
3636 South Elati & all
28
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WHEREAS, the following corrections to the list of asses s-
ments incorporated within Resolution No. 12, Series of 1969 is
necessary;
Floyd H. & Velma Avis
4588 South Grant
Fred Joseph Vytlacil
4496 South Delaware
John William & Tessa
Dyer Johnson
1820 South Ogden
Elmer & Irene G.
Jungck
4606 s. Mariposa Dr.
Also:
Alvah c. & Beverly J.
Donnelly
4433 South Delaware
Paul c. Jamieson
1776 Krameria
Denver, Colorado 80220
Lot Block Subdivision Published
21 &
22
23 &
24
41 &
42
s. 75'
14 & 15
53 South Bdwy. $128.40
Heights
13 Wollenwebers $486.81
Broadway
Heights, Second
Addition
2 Wynetka
Heights
Belle Isle
Gardens
$370.04
$326.12
Original
Corrected
$ 85.60
$486 .31
$370.07
$196.41
Lots 32-36, except $1,170.18 $1,740.19
the north 3~ feet of
the east 62 feet of
Lot 38, Block 12,
Wollenweber& Broadway
Heights, second filing
The north 3~ feet of $1,348.70
the east 62 feet of
lot 38, and all 39-41
block 12, Wollenweber&
Broadway Heights, second
filing
$778.69 •
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WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
the aum of $428,960.45, of which amount the City of Englewood
will pay$ ~01 5"&./~d?! , leaving$ 3'f(L//I.,tt./ to be assess'ed
against the . real property in 'said District, said amount including
cost.s of inspection, collection and other incidentals and also
including interest as allowed by law; and
WHEREAS ; from said statement it also appears that the
City Council has apportioned a share of the said whole cost to
each lot or tract of land in said District, in accordance with the
benefita to be derived by said property and in the proportions and
amounta severally aet forth in a Resolution adopted by the City
Council on the ~day of ho~ , 1969, and in a public notice
publiahed in the Englewood Herald and Enterprise,which Resolution
and Notice are by reference made a part hereof;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD I COLORADO:
Section 1. That the whole cost and apportionment of the
aame, aa aet forth in said Resolution and Notice, and as amended
herein, is hereby approved and confirmed, and said apportionment
ia hereby declared to be in accordance with the benefits which the
property in the District will receive by reason of the construc-
tion of said improvements, and a share of said cost is hereby as -
aessed to and upon each lot or tract of land within the District
• • in the proportions and amounts set forth in said Resolution and
Notice, as amended.
Section 2. That said assessments shall be due and pay-
able at the office of the Director of Finance, within thirty days
after the final publication of this Ordinance, without demand;
-96 -I • •
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provided that all such assessments may, at the election of the
property owner, be paid in installments, with interest as here-
inafter provided. Failure to pay the whole assessment within
' said period of thirty days shall be conclusively considered and
held an election on the part of all persons interested, whether
undev disability or otherwise, to pay in such installments.
Such election shall be conclusively held and con-
sidered as a waiver of any right to question the power or juris-
diction of the City of Englewood to construct the improvements,
the quality of the work, the regularity or sufficiency of the
,_
proceedings, or the validity or the correctness of the assessments,
or the validity of the lien thereof~
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County Treasurer
of Arapahoe County, Colorado, in ten (10) equal annual installments
of principal, the first of which installments of principal shall be
due and payable on or before the lst day of j ,. «"f , 1~ and
the remainder of said installments shall be due and payable successively
On Or before the lat day Of a . .., 1 in eaCh year thereafter t
t?
until paid in full, with interest&;.~np:~ principal at the
~ tr7tf!,
rate of six per centum (6~) per a num)f ayable each year at the
time of paying installments of principa.1J ~oco·= ~ F '• lr?Q..
Section 3. Failure to pay any installment, whether of
principal or interest, when due shall cause the whole of the un-
paid principal to become due and payable immediately, and the whole
amount of the unpaid principal and accrued interest shall thereafter
draw interest at the rate of one per centum (1%) per month, or
fraction of a month, until the date of tax sale, as by provided by
law. At any time prior to the 'date of the tax sale, any owner may
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pay the amount of all unpaid installments with interest at one
per centum (1%) per month, or fraction of a month, upon all
delinquent installments, a nd all penalties accrue d and shall
thereupon be restored to th e right the reafter to pay in install-
ments in the sam e manner as if d efault had not been suffered.
The owner of any property not in d efault as to any installment
or payment may, at any time, pay the whol e of the unpaid prin-
cipal with accrued interest to the date of the next assessment
installment payment date.
Section 4. Payments may be made to the Director of
Finance at any time within thirty days after the final publication
of this Ordinance, and an allowance of five per centum (5%) will
be made on all payments made during such period, but not thereafter .
Immediat e ly after the expiration of such thirty day period, said
assessments shall be certified to the County Tr easurer of Arapahoe
County, Colorado, for collection, as provided by law.
Section 5. That if any tract or parcel of property
included with in Paving District No. 17 is hereafter divided or
subd ivided into two or more such tracts or par cels, the Director
of Finance, with the assistance of the Dire ctor of Public Works,
is hereby authorized and di rected, from time to time as occasion
may arise, to divid e the assessments of such specific parcels with-
in the District, proportionate to the div ision of the parcels of
rea l prop e rty against which the same may be assessed, and to certify
th e revised assessments to the Treasurer of Arapahoe County, Colo-
rado.
Section 6. That if any one or more sections or parts of
this Ordinance shall b e adjudged unenforceable or invalid, such
judgment shall not affect, impair or invalidate the r maining pro -
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visions of this Ord i na n ce, it being the inte ntion tha t t he various
provi sions hereof are severable .
Section 7 . By reason of the fact that bonds of said
Paving District 'o. 17 are now outstanding a n d intere s t thereon will
shortly become due and payable, funds must be made available from
asses sments at the earliest possible date for payment of such in-
terest, and for the immediate preservation of the public property,
health, peace and safety, it is hereby declared that an emergency
exists and that this Ordinance shall take effect upon its final
passage.
Section 8. All ordinances, or parts thereof, in conflict
herewith are hereby repealed. This Ordinance, after its final passage,
shall be recorded in a book kept for that purpose, shall be auth-
enticated by the signatures of the Mayor and Director of Finance,
and shall b e published in the Englewood Hera ld, a newspaper of
general circulation published in said City , within sev en days after
its final passage, and shall be and remain irrepealable until the
assessments hereby made shall be paid in full.
Section 9. A public Hearing on the Ordinance will be
h ld h · ll · l d l d d 11"ntkd. e at t e C1ty Ha 1n Eng ewoo , Co ora o, on Mon ay , the ~
day of June, 1969, at the hour of 8:00 o'clock P .M., before con-
sideration by the City Council of its final pas~age and adoption.
INTRODUCED AND READ This ~d a y of ~~969.
( S E A L )
Mayor
ATTEST:
D1rector of F1nance
(To appear in final publicatio n)
FINALLY ADOPTED AND APPROVED This 2nd day of June, 1969.
( S E A L
ATTEST: l-!a yor
Director of Finance
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Council Actions:
1. Change Building Use Tax
percentage -Sales Tax Ordinance
from 40 to 50 per cent.
2. Prepare note on authorization
to obtain t~x certificates
immediately for those properties
where no owner of record is
available.
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RESOLUTION NO. , SERIES OF 1969
RESOLUTIO N RECOGNIZI NG THE I MM I NENT NE CES SI TY FOR THE
CO NS TRUCTIO N OF AM EXPRESSWAY TO SERVE THE SOUT H AND
SOUTH! ESTER N PORTIO NS OF THE DENVER METROPOLITA N AREA AND
CALLING UPO N TilE COLORADO STATE HIGHWAY DEPART MENT AND
ALL OTHER APPROPRIATE STATE OFFICIALS TO TAKE WHATEVER
STEPS MAY BE NECESSARY TO ASSURE CONSTRUCTION OF THE SAME
AT THE EARLIEST POSSIBLE DATE.
WHEREAS, the south and southwestern portions of the
Denver metropolitan area are not presently being served
by a freeway connection between that portion of the
metropolitan area and the downtown Denver area; and
WHEREAS, there has been in the recent past considerable
commercial and industrial develop ment in said portion of
the metropolitan area, and t he re will be, in the future,
continu e d growth and expansion in this area ; and
WH EREAS, this developm e nt and expansion has caused
considerable increase in the amount of traffic flowinq
between the south and southwestern portions of the Denver
metropolitan area on the one hand, and the downtown Denver
area on the other; and
WH EREAS, it is the consi de red judgment and opinion of
this City Council that the p resent street systems servicing
the two areas are presentl y inadequate and will continue
to become more i~adequate as time passes; and
WH EREAS, it is t he f urther considered judgment and
opinion of this Council th a t no redesign or expansion of
the present street system would be, or can be, adequate to
accommodate the projected traffic loads for this area and
that only the construction of a freeway in this general
area will adequately solve the traffic problems now being
encountered, as well as t hose to be encountered in the future,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORAD O that this City Council
should, and does hereby, call upon the Colorado Department
of Highways and all other officials of the State of Colorado
charged with the responsibility of developing and implementing
adequate traffic planning and construction to take all steps
which may be necessary to assure construction of an adequate
freeway system to serve the south and southwestern portions
of this metropolitan area with all deliberate speed to the
end that such a freeway construction shall be completed at
the earliest possible moment.
Attest:
Mayor
ffiYCYerk--l re asure-r ·-·-
1, Stephen A. Lyon, City Cler k-T reasurer of the City of
Enqlewood, Colorado, do hereby certify that the above and
foregoing is a true, accurate and complete cop y of a resolution
passed by the _City Council of the City of Englewood, on the
__ day of • 1969.
C1ty Clerk-ireasurer
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RESOLUTION NO . ____ , SERIES OF 196 9
RESOLUTION AUTHO R IZI ~G AND DIR ECTI NG THE CITY CLERK
TO PUBLISH ALL BILLS FOR ORDINANCE S, EXCEPT EMERGENCY
ORDINANCES, IN FULL AND TO PUBLIS H ALL ORDINANCES ADOPTED
ON FI NAL READI NG BY REFERE NCE, EXCEPT EMERGE NCY ORDINANCES,
AND EXCEPT AS OTHERWISE , FRO M TIME TO TIME, DIRECTED BY
THE CITY COUNCIL.
WHEREA S, Sections 40 and 41 of the Charter of the City
of En g lewood provide, in effect, that all Bills for
Ordinances , except Emer ge ncy Ordinances, must be published
in full not less than seven (7) days prior to their final
passage ; and
WHEREAS, the aforesaid sections of said Charter
provide that, after adoption, every Ordinance must again
be published, either by reference, or in full, as Council
may determine, except Emergency Ordinances; and
WHEREAS, Council is desirous of establishing a uniform
procedure for the publication thereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, that, except as Council
may, from time to time, give s~ecific direction to the
City Clerk of the City of En g lewood to the contrary, and
except where the provisions of the Charter, any applicable
statute or any applicable Ordinance may establish a different
p~ocedure, the City Clerk is herebv authorized and directed
to follow the followino procedure for the publication of all
Bil ls for Ordinances and all Ordinances introduced or
adopted by this Council:
1. Immediately upon introduction, and passage upon
first r e adin g , of any Bill for an Ordinance, except a Bill
for Ordina nces necessary for the immediate preservation of
public pro~erty, health, peace, or safety, the City Clerk
shall forthwith arrange to have the same published in full
in that newspaper designated as the City's official newspaper.
2. Upon final adoption of any Bill for an Ordinance,
except Ordinances necessary for the immediate preservation
of public property, health, peace, or safety, the City Clerk
shall cause said Ordinance to be published by reference,
and not in full. The form of such publication by reference
shall be as follows:
"NOTICE OF ADOPTIO N OF ORDI NAN CE
"On the day of , 19 , City
Council of theClty of Englewood adopted, on final
rea ding, the following ordinance:
ORDI NANCE NO. , SERIES OF 19
BY AUTHORITY
[herein insert the titl e of said ordinance,
wh ich shall contain a s umma r y of the provisions
thereof.]
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Copies of th e aforesaid ordinance ar~
available for pu blic inspPction in t he office
of the City Clerk, City Hall, City of E n!lle~tood."
3. For O rdin~nc es necessary for the i ~m Prliate preservation
of public propertv, health, pea ce, or saf ~tv, the re sh a ll be
no publication of th e sam e as a Bill prior to Council's
final action upon the sa me, but within seven (7) days of
the final passage of s uc h Bills for Ordinances, the City
Clerk is hereby authorized and directed to cause the same
to be published in full in that newspaper designated as
the official newspaper of the City.
Mayor
Attest:
I, Stephen A. Lyon, City Clerk-Treasurer of the City
of Englel·tood, do hereby certify that the above and foregoing
is a true, accurate and complete copy of a resolution passed
by the City Council of the City of Englewood, on the
day of , 1969. --
City Clerk-Treasurer
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m T'dE DISTRICT COURT IN AND FOR THE
COUNTY OF ARAPAHOE AND
STATE OF COLORAD O
Civil Action No. 26833
BERNICE M. BUCH:ER, )
)
Petitioner, )
)
vs. )
)
.JAME S F. MEZEN • KENNE TH tv. )
HETTERSTROM , DUDLE Y F. )
PITCHFO!'.D • STA!:lLEY E. RHODUS )
and tHLLIAH A. CLAYTON, all )
as members of the BOARD OF )
ADJU3TME NI' AND APPEALS of the )
City of Englewood, Colorado, )
and the CITY OF ENGLEWOOD, )
COLORADO, and BERYL A. WALLACE, )
Chief Building Inspector of the )
City of Englewood, Colorado, )
)
Respoodenta. )
ORDER I FINDINGS
giD_.[UDGMENT
'l'he Court grants the motion of petitioner to amend the
caption of the action by deleting the name of Edward B. Cartwright
aa a respondent and substituting therefor the name of Kenneth W.
Wetteratrom.
This matter comes before the Court under Rule 106 (4),
Colorado Rules of Civil Procedure. Writ i88ued pursuant to the
petition and return waa made. However, at the time of oral
argument thereon it developed that the respondent Board of
Adjustment and Appeals of tho City of Englewood, Colorado, had
failed to comply with the terma of tho zoning ordinance of that
City, in that no findiags of fact were made. '1'be matter was,
therefore, remanded to the City. A aupplemental answer and
return now have been made aDd tho parties have elected to dispenae
with oral argumont theroon. The Court now rules as followa:
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The subject property is 1D what hae been denominated
R-3-B, multi-family residence district, 1D the Englowood, Colorado,
zoning ordinance. The ordinanca raquires that if tha lot is to be
used for professional offices it must contain 9,000 square feet.
The subject property has trithin itG perimeter only 6,400 square
feet. Hat-1eve r, moasured from the front curb line to the rear
line adjoining the alley and from the side curb line to the Iouth
botmdary. t!la me&suremant is 8. eoo square feat. There il on the
property presently a single family residence.
The Board of Adjustment found that the plight of the owner
is not due to general conditions 1D the district but was created
by the owner or owners themselves, the owner having purchased the
aubjoct property after the adoption of the zoning ordioance.
Further, the Board found that the development or use of
the property, if held strictly to the zoning standards of the
district 1D which it is located, can yield a reasonable return 1D
service, use, or income compared to adjacent and conforming
property 1D the same diatrict.
As a conclusion of law, the Court finds that the fi.Ddinga
of the Board are supported by the facts and, therefore, the CO\Il't
cannot say there was an abuse of discretion.
Therefore, it is ORDERED, ADJUDGED AND DECREED that the
prayer of the petitioner be denied and that the case be dia.iased.
Petitioner may have sixty days 1D which to lodge reporter's
transcript.
DONE IN OPEN COURT this 27th day of May, 1969 •
BY THE COURT:
..... ·;~.. _·1,
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Jud&e
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*A BILL FOR AN ORDINA NCE
**QlUHtlsldle!! 146. 8BRII'S 1:111
AN ORDINANCE APPROVING THE WHOLE COST OF
THE IMPROVEMENTS MADE IN PAVING DISTRICT
NO. 17, IN THE CITY OF ENGLEWOOD, COLORADO ;
APPROVING AND CONFIRMING THE APPORTIONMENT
. OF SAID COST TO EACH LOT OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID
COST AGAINST EACH LOT OR TRACT OF LAND IN
THE DISTRICT; PRESCRIBING THE MANNER FOR
THE COLLECTION AND PAYMENT OF SAID ASSESS-
MDITS; AND DECLARING AN EMERGENCY.
WHEREAS, by ~inance No. 10, Series 1968, finally
paaaed and adopted on March 18, 1968, the City Council haa created
Pa¥ift8 Diatrict No. 17, within the City of Englewood, for the
purpose of constructing and inatalling certain street and avenue
~provementa therein; and
~·~ _...AY .._ ---
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the City an_d the whole coat
of auch ~provementa has been determined; and
WREREAS, an aaaeaament roll has been prepared and a
atatement ahowing the total coat of the improvement& has been duly
filed with the City Council and due notice was given that the City
Council would meet to hear and consider objections to the assess-
ment roll on Monday, May 12, 1969, and that the owners of property
n.aed in aaid aaaea .. ent roll aight, on or before May 8, 1969,
file with the Director of Finance, in writing, his or their objections
to the aaaea.-enta; and
WHEREAS, the City Council has heard and considered all
objecti9na to the aaaeaament roll; and
*Insert on Firat Publication
**Insert on Final Publication
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Roy E '& Gladys E 6
Worley
4595 South Kriox Court
Akron Associates, Inc. 7
2500 South Broadway
Akron Associates, Inc. 8
2500 South Broadway
Akron Associates, Inc. 9
2500 South Broadway
Akron Associates, Inc.lO
2500 South Broadway
Albert R. & Vivian L. 10
Seip ·
4891 South Clarkson
Phillip R. & Arlene 11
Lavon Watkins
4887 South Clarkson
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2
2
2
2
80
80
Subdivision
Pleasant View
Second Filing
Pleasant Vi e w
Second Filing
Pleasant View
Second Filing
Pleasant View
Second Filing
Pleasant View
Second Filing
Town &
Country
Town &
Country
Original ~
$237.28 None
$4 0 7.5 8 $426.10
$414.7 5 $470.52
$551.29 $441.43
$361.81 $634.66
$ 71.05 $489.26
$460,84 $ 42.63
Goorman Investments, 17-32
Inc.
6 Englewood $4,184.03 $4,387.84
940 West Hampden
The Park Floral Co.
1090 West Hampden
All that portion of $i,391.86 $6,188.05
Englewood lying west
of s. Jason St. & east
ot .A T & S F R R Co.
R.O.W. bounded on the N
aide by Hampden Ave. and
on the S. side by Kenyon
Ave. in NE~ of Sec.4-5-68
except book 1176 page 168
Estate of Dorthea White E~ 7 F. P. Gumaers $526.75 $509.63
Glenn & Edward L. Glenn H~ Broadway
c/o Edward L. Glenn Jr. plot Heights
463 King 1
Louisville, Colorado
Robert E. & Mildred 4-6 6 South Bdwy. $421.93 $353.42 Irene Woodward Heights
3906 South Sherman
Bernice A. Hyde 48-49 E~ Higgins $476.77 $430.73 3511 South Clarkson 1 Englewood
Gardens
Ben E. & Lily M. H 23' 18 Englewood $134.19 $ 88.22 Garcia of 27
3636 South Elati & all
28
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WHEREAS, the following corrections to the list o f assess-
ments i ncorporated within Resolution No. 12, Series of 1969 is
necessary;
~
Floyd H. & Velma Avis
4588 South Grant
Fred Joseph Vytlacil
·4496 South Delaware
John William & Tessa
Dyer Johnson
1820 South Ogden
Elmer & Irene G.
Jungck
4606 S. Mariposa Dr.
Also:
Alvah c. & Beverly J.
Donnelly
4433 South Delaware
Paul c. Jamieson
1776 Krameria
Denver, Colorado 80220
~ Block Subdivision Published
21 & 53 South Bdwy. $128.40
22
23 &
24
41 &
42
s • 75 I
14 & 15
Heights
13 Wollenweber& $486.81
Broadway
Heights, Second
Addition
2 Wynetka $370.04
Heights
Belle Isle
Gardens
$326.12
Original
Corrected
I
$ 85.60
$486.31
$370.07
$196.41
Lots 32-36, except $1,170.18 $1,740.19
the north 3~ feet of
the east 62 feet of
Lot 38, Block 12,
Wollenweber& Broadway
Heights, second filing
The north 3~ feet of $1,348.70
the east 62 feet of
lot 38 , and all 39-41
block 12, Wollenweber&
Broadway Heights, second
filing
$778.69
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WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said improvements is
the sum of $428,960.45, of which amount the City of Englewood
will pay$ iO,?Y~.f?), leaving $3'f~L.//f..tL/to be assesJed
against the . real property in 'said District, said amount including
cost.s of inspection, collection and other incidentals and also
including interest as allowed by law; and
WHEREAS ; from said statement it also appears that the
City Council has apportioned a share of the said whole cost to
each lot or tract of land in said District, in accordance with the
benefits to be derived by said property and in the proportions and
amounts severally set forth in a Resolution adopted by the City
Council on the ~day of fnu~ , 1969, and in a public notice
published in the Englewood Herald and Enterprise,which Resolution
and Notice are by reference made a part hereof;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That the whole cost and apportionment of the
same, as set forth in said Resolution and Notice, and as amended
herein, is hereby approved and confirmed, and said apportionment
is hereby declared to be in accordance with the benefits which the
property in the District will receive by reason of the construc-
tion of said improvements, and a share of said cost is hereby as-
sessed to and upon each lot or tract of land within the District
in the proportions and amounts set forth in said Resolution and
Notice, as amended.
Section 2. That said assessments shall be due and pay-
able at the office of the Director of Finance, within thirty days
after the final publication of this Ordinance, without demand;
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provided that all such assessments may, at the election of the
property owner, be paid in installments, with interest as here-
inafter provided. Failure to pay the whole assessment within
I
said period of thirty days shall be conclusively considered and
held an election on the part of all persons interested, whether
under disability or otherwise, to pay in such installments.
Such election shall be conclusively held and con-
aidered as a waiver of any right to question the power or juris-
diction of the City of Englewood to construct the improvem~nts,
the quality of the work, the regularity or sufficiency of the
proceedings, or the validity or the correctness of the assessments,
or the validity of the lien thereof~
In the event of such election to pay in installments,
the aaaessments shall be payable at the office of the County Treasurer
of Arapahoe County, Colorado, in ten (10) equal annual installments
of principal, the first of which installments of principal shall be
due and payable on or before the 1st day of; . 1 ~ , 1~ and
the remainder of said installments shall be due and paya~le successively
on or before the lst day of ~ ., , in each year thereafter,
(?
until paid in full, with interest~he principal at the
t (,7~
rate of six per centum (6') per a n~ ayable each year at the
time of paying installments of principa.t1 1-·-;/l ,. I, lr?Q..
Section 3. Failure to pay any installment, whether of
principal or intereat, when due shall cause the whole of the un-
paid principal to become due and payable immediately, and the whole
amount of the unpaid principal and accrued interest shall thereafter
draw intereat at the rate of one per centum (1%) per month, or
fraction of a month, until the date of tax sale, as by provided by
law. At any time prior to the date of the tax sale, any owner may
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pay the amount of all unpaid installments with interest at one
per centum (1%) per month, or fraction of a month, upon all
delinquent installments, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if default had not been suffered.
The owner of any property not in default as to any installment
or payment may, at any time, pay the whole of the unpaid prin-
cipal with accrued interest to the date of the next assessment
installment payment date.
Section 4. Payments may be made to the Director of
Finance at any time within thirty days after the final publication
of this Ordinance, and an allowance of five per centum (5~) will
be made on all payments made during such period, but not thereafter.
Iaaediately af·ter the expiration of such thirty day period, said
assessments shall be certified to the County Treasurer of ~rapahoe
County, Colorado, for collection, as provided by law.
Section 5. That if any tract or parcel of property
included within Paving District No. 17 is hereafter divided or
subdivided into two or more such tracts or parcels, the Director
of Finance, with the assistance of the Director of Public Works,
is hereby authorized and directed, from time to time as occasion
may arise, to div.ide the assessments of such specific parcels with-
in the District, proportionate to the division of the parcels of
real property against which the same may be assessed, and to certify
the revised assessments to the Treasurer of Arapahoe County, Colo-
rado.
Section 6. That if any one or more sections or parts of
this Ordinance shall be adjudged unenforceable or invalid, such
judgment shall not affect, impair or invalidate the remaining pro-
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visi ons of this Ordinance , it being the inten tion that the various
provi sions hereof are severable .
Secti on 7 . By reas on of the fact that bonds of said
Pav ing District o . 17 are now outs tanding and interest thereo n will
shortly become due and payabl e, fund s must be mad e available from
ass essments at the e a rliest po ss ible date for payment of such in -
terest, and for t he immediate pres e r va tion of the public property,
health, peace and safety, it is hereby de clared t ha t an emergency
exists and that this Ordinance shall take effect upon its final
passage.
Section 8. All ordinances, or parts the reof, in conflict
herewith are her e by repealed. This Ord inance , after its final passage,
shall be recorded in a book kept for that p u rpos e , shall be auth -
enticated by the signatures of the Mayor and Director of Finan ce,
and shall be publishe d in the Englewood Herald, a n ewspape r of
general circulation published in said City, within seven days after
its final passage, and shall be and remain irrepealable until the
assess ments hereby made shall be paid in full.
Section 9. A public Hearing on th e Ordinance will b e
~~~ held at the City Hall in Englewood, Colorado, on Monday , the ~nd
day of June, 1969, at the hour of 8:00 o'cl ock P .M., before con-
sideration by the City Council of its final p as~age and adoption.
INTRODUCED AND READ This ~d a y of ~~969.
( S E A L
Mayor
ATTEST:
DLrector of FLnanc e
(To appear in final publication)
FINALLY ADOPTED AND APPROVED This 2nd day of June, 1969 .
( S E A L
ATTEST: Mayor
Director of Fin ance
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