HomeMy WebLinkAbout1969-09-02 (Regular) Meeting Agenda Packet-
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September 2, 1969, Regular City
Council Meeting
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RESOLUTION NO. 30
OFF I CIA L
CITY CO UNCI L D O CU ENT
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, SERIES OF 1969 . '
COU NC IL i·;r., ... 3 1 I LE
CITY O F EN GL EWOOD. COLO .
RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE
OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1/ ,
1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO
TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE
BALLOT
WHEREAS, Article XX of the Constitution of the State of
Colorado and Section 8 of the Charter of the City of Englewood,
Colorado, authorize the City Council of the City of Englewood,
on its own initiative, to submit to a vote of the electors any
proposed amendment to said Charter, either by ordinance or reso-
lution duly adopted not less than thirty (30) days prior to the
election at which such vote shall be taken; and
WHEREAS, as a result of certain recent decisions rendered
by the United States Supreme Court, relating to the qualifica-
tions of voters in elections in which bond issues are involved,
City Council deems it appropriate to refer to the qualified
electors of the City of Englewood, for their consideration, a
proposed amendment to Article X, Part III, Section 104 of the
Charter of the City of Englewood,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Englewood, Colorado, as follows:
1. That this Council should, and does hereby, refer to a
vote of the qualified electors of the City of Englewood, Colo-
rado, at that general municipal election to be held on Tuesday,
November ~ , 1969, a proposed amendment to the Charter of the
City of Englewood, Colorado, which amendment shall read as
follows, to wit:
Article X, Part III, Section 104, o f the Charter
of the City of Englewood, Colorado, is hereby
amended to read as follows :
"Section 104.
General Obligation Bonds--Indebtedness and ob-
ligations of the City shall be incurred and
limited as provided in Article XI of the Constitution
of the State of Colorado applicable to towns and
cities except as otherwise provided in this
Charter. Council shall have power to issue
general obligation bonds of the City for any
public capital purpose, upon majority vote of
the qualified electors of the City voting thereon
at a special election, provided, however, that
water extension and water improvement bonds may
be issued without an election upon a determina-
tion to that effect by Council. The total out-
standing general obligation indebtedness of the
City, other than for water bonds, shall not at
any time exceed three per cent (3%) of the
assessed valuation of the taxable property within
the City as shown by the last preceding assess-
ment for tax purposes. Maturity dates and terms
of the bonds, other than water bonds, shall be
as provided in the proposition submitted to the
qualified electors. Water bonds shall mature
and be payable as provided by the ordinance
authorizing the issuance of said bonds."
2 . That the question to be voted upon at such election
shall read as follows, to wit :
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"Shall Article X, Part III, Section 104, of the
Charter of the City of Englewood, Colorado, be
amended so as to authorize all qualified electors
to vote upon the question of the issuance of gen-
eral obligation bonds of the City of Englewood,
Colorado, rather than limiting the franchise in
such elections to the taxp,aying electors of the
City, as is now provided?'
3. That the City Clerk and Election Commission of the
City of Englewood, Colorado, are hereby authorized and directed
to take such steps as may be necessary to assure that said ques-
tion shall appear upon the ballot at said election and, in re-
lation thereto, to exercise such powers and prerogatives as are
granted to them by Article II of the Charter of the City of Engle-
wood, Colorado.
Attest: /~
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 Cit~ncil of the City of Englewood at a regular meeting
held on 'n7.4z??d..<Z · ,Q , ~
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c OFFICIAL
ITY CO~~c;:.'!;-" O?CU MENT
sr:p ? ·sg
COUNCIL t-.lc.. _r ,,.JC FILE
/.~ITY O F ENGLEWOOD, COLO.
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,( .. :i~l.l ,5 1'SUUTH St\,,T/-1 FL 1-\,.t. 1 I il l I THE UTY CF b,GLE"00 ,
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[1-FL C l V t. 1 : u 1 h . 1·•. u" tl L F I (5 T .. mY F J A .. i.Jt\~ Y , L 71 .
t)E IT Q, Oh l ollov GY Toli: CITY ~.-CU14 l.IL •.I F THE CITY CF t..,G L E.~lJOu, ~.-JLJ :,r~JO , t nat effect iv e 1 2:J l "· '· on tne fi r st day of January,
1 J 71, t 110se po r tions .Ji t.li n 1:ne t.i ty of t.n~l e.tood, ~..ol ora do of
tr.a"t: street p resently :-no11n as :::.out~o Pe cos S reet, fro M its
inte r sect io n ~i tn tnat street kno 1 as ''.est Tu fts Av enue
so therly tote po in t of its inc e rsection •1i ti1 t he Cit y Li its
of tne City o f tngle~ood an a t1ose po rtion s wit h in the Ci ty of !Ong l ~I IOod, Co lor ado of t hat st r l.!et p res ent ly kn o··m as So ut rl
Santa Fe Lane ", fro r1 its inters ect ion .zit t i at str et kno11n as
·est ufts il venue " to its inters_ctioto wit '1 t i1 at st r e t kno zn
as "',,est Ke nyon h ven ue , shall oe r narued , and t 11e r ea ft e r r efe rred
t o as," ou th \!in e r n.e r Street .
Introduc ed , r ead in full and passed on first r ead in g on
t t1C _i%__day Of U!]USt , l:.~vJ.
day
day
P uo}]s h e in full as a .. ill for an lJ r d i na nce on the
of ,1///f"!Y 1 ; I)" •
t{e ad iJY tit l e and passed on final r ea i nn on the d__
of ~ J l JoJ .
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I, Sten•H~n t;. Lyon, o . r eLly certifv that t he a ove and
fure g oir n is a true, accurate and co mp le e cop v of an rdinance
p as e d on f i n a 1 r ca~ i n, and r u !> 1 i s h c d o y tit 1 e as 1 r d i n an c e
.o. :·ll .~e ri esoflJoJ .
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OFF ICIAL:
CITY COUNCIL OOCUME T
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COU NL. L .' , r1 LE
CI"I.)'. OF: ENGLl. \OOD, CO LO.
INTRODUCED AS A BILL BY COUN CILMA N __ ___:"__:..f _______ _
By Authority
ORD INANCE NO . Jc;, , SERIES OF 1969
AN ORDINAN CE AUTHORI ZING AND RATIFYING THE EXECUTION BY THE
MAYOR AND CIT CLERK OF THE CITY OF ENGLEWOOD OF AN AGHEEMENT
WITH HERMAN OLINER , BESS OLINER AND ROBERT OLINER WHEREBY THE
CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AF ORESAID INDIVIDUALS
CERTAI N REAL PROPERT Y LO CATE D \HTHIN THE CITY OF ENGLEWOOD FOR
A PERIO D OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OP -
TION TO PURCHASE SAID REAL PROPERT UPON THE TER~ili AND CONDI -
TIO S THEREIN CONTAINE D.
WHEREAS, Herman Oliner, Bess Oliner and Robert Ol iner,
as the owners of that real property located within the City of
Englewood, County of Arapahoe, State of Colorado, described as
follm-1s, to wit:
All of Block 16, Englewood , including the
vacated alley in Block 16 , together with
all improvements and equi ment located
thereon ,
have previously offered to lease said property to the City of
Englewood commencing on the fir s t day of March 1970 and con-
tinuing to the first da y of March 2005 at and for a monthly
rental of $1100 .00 p er month and have, in addition, offered to
grant to the City of Englewood the right and authority to pur -
chase all of said realty at a pr ice of $2.50 p er square foot
at any date after March 1, 1990, subject to the prov isions
and conditions set forth in that certain written Agreement
signed by the said parties and by the Mayor and City Clerk of
the Cit of Englewood, bearing the date of Jun 16, 1969, a
co y of \vhich document is on file in the office of the Director
of Financ e and which is available for ublic inspection, and
\VHEREAS , this City Council has heretofore officially
approved and authorized the execution of such Agreemen t between
said Mayor and City Clerk , and
\VHERE AS , in order to assure that the said Payor and City
Clerk had authority so to do, it has been suggested that the
execution of said Agreement by the said Mayor and City Clerk
be formally approved and ratified b the enactment of an
ordinance ,
OW , THEREFORE, BE IT OR AINED BY THE CITY COUNCIL OF THE
CIT OF ENGLEWOOD, COLORA DO, as follows :
Section 1 . The execution of the hereinabove described
Agreement by the Mayor and City Clerk of the City of Engle -
wood is hereby fully ratified and conf i rmed with the same force
and effect as if authorization for the execution of such Agree-
ment had been given to said officials by the passage of an
ordinance approving the same prior to their execution of said
Agreeme nt, and the provisions of the hereinabove described
Agreement are hereby further approved and accepted .
Section 2 . Nothing herein shall be construed to create
any obligation upon the City nor created by said lease and
option agreement and nothing herein shall be construed to I . •
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mo di fy or t o ame n d , in any way , the pr ovision s of aragra ph 9
of said Leas e and Op tion Ag reement.
Intro duced , read in fu ll and pas s e d on firs t reading on
t he r--day of Augus t , 1969 .
Published as a Bi ll f o r a n Or d inance on the ~~ day
o f Aug u st, 1 9 69 .
Re ad b y title and passe d on final reading on
d a y o f t, 196 9 .
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Pu b lished ~ title as Ordin ance No. 3 C
1 969, on the K_ day of \dy;;?-m/kz ,1'9"69 .
Attest :~ ~4?
the :;2
, Series of
I , Stephen A. Lyon, do hereby certify that the above and
foregoing is a t rue, accurate and com p lete copy of an Ordinance
passed o n fin a l reading and publ i shed by title as Ordinance o .
jC) , Series of 1 96 9 .
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OFFICIAL
CITY CO U <I L f'OCU MENT
~ro ? ' 9
COU NCIL ''''"': : ... 0 f-ILE
CIT'{ OF ENGLEWOOD, COLO.
INTRODU CE D AS A BILL BY COU NCILMA N _P:...A:.:.:R:.:.:K.:.:I:..:.N~S..::.O:.;,N ____ _
B g oRITY
OR INANCE N0 .7/, SERIES OF 1969
AN ORDIN ANCE APPROVING AND RATIFYING THE PER FORMANCE B GUILDNER
WATER AND SEWER COMPANY, BY DANA KEPNE R A D BY WINSLOW CONSTRUC -
TION COMPANY OF CE RT AI N PUBLI C WORK WITHOUT THE RECEIPT OF COM -
PETITIVE BIDS THEREFOR AND AUTHORI ZING THE DIRECT OR OF FINANCE
TO PAY THE SUMS OF $935 .00 TO GUILDNER WATER AN D SE l-lER COMPANY,
$640 .05 TO DANA KEPNER AN D $2 ,35 3 .72 TO WINSLOW CONSTRU CTION CO.
WHEREAS, Section 116 of the Charter of the City of Engle -
wood provides that no capital improvement, costing in excess
of $1 ,000 .00, shall be contracted for , except upon the basis
of specificat i on s properly submitted and approved for which
competitive bids hav e been advertised for and received, except
that when Council deems the same expedient, contracts for ub -
lic works or improvements may be negotiated, rovided that con-
tracts for which no competit i ve bids have been requested s hall
be invalid unless accepted by ordinance which shall declare the
reason for exception to the competitive bidding requirement,
and
WHEREAS, there recently \-las found to exist a leak in one
of the City 's sewer lines of a nature \o7hich resented a serious
health problem, an d
\mEREAS, in this emergenc y situation the )irector of Utili-
ties authorized the following parties to erform certain work
thereon having a value as set forth below:
and,
Dana Kepner
Guildner \-later and Sewer
Com any
inslow Construction Com p any
Total
$ 640 .05
9 35.00
2,353 . 72
$3 ,928.77
\-IHEREAS , the matter now having been fully presented to
Council, it is Cou nc i l 's i n tent and desire full y t o ap rove
and ratify the authorization for the performance of said work
and to authorize the ayment of said s ums to sa i d arties .
'K'W, THEREF ORE, BE IT OR AINE I) BY THE CIT COU CIL OF THE
CITY 0 F ENGLEWOOD , COLORA 'O , as follows·
Section 1 . For the reasons set forth hereinabove, Council
hereby determines that there are g ood, sufficient and expedient
reasons to have the hereinabove described work performed without
the receipt of competitive bids and Council does hereby fully
approve and ratify , with the same force as if Counci l had
originally a proved the same, the contracts for the performance
of such work heretofore entered into by the Director of Utilities
of this Cit y .
Section 2 . Cou nci l hereby auth orizes and directs the
J irector of F inance to pay to the following parties the following
amounts, wh ich Council finds to be the reasonable value of he
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services and materials r endered by said parties in the per -
formanc e of the hereinbefore described contracts:
the
day
day
Dana Kep ner
Guildner Water and Sewer Com pan y
Winslow Con struction Com p any
Tota l
$ 640.05
9 35.00
2353 .72
$3928 .77
Introduced, rea~in full and passed on first reading on
' day of/U'j:!PL 2 -I· , 1969.
Published in full as a Bill f or an Ordinance on the ~
of/?//;j2z ;/~ , 1969 .
y title and passed on final reading on the ~·~'i~---
~~~~~~-· 1969 .
Published ?J title as Or dinance No. ~
1969, on the -~ day o~4 zndc 19~ •
, Series of
Mayor ·
I . Stephen A . Lyon, do hereby certi fy that the above and
foregoing i s a true, accurate and complete co py of an Ordinance
passed on f inal reading and published b y title as Ordinance No .
-3 I , Series of 1969.
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OF FIC IA L
CITY COUN CIL DOCU MENT
P. .. •r "ITt')
CO U~· CIL ~ ,[..,_! .... G FI LE
I2 ~0c :Y,.0TOF ENGLCWOOD, COLO.
r . T .. eouc::u As r ..:ILL .,v c..t .... cr L .~,.· _ ~--f_J-__
'" c ur .. r" ct:
Kl uiiT OF ;,.y
w' IT! .. T B
ST 1Tc. uF C L
.,y AUT 'fiK ITY
llf<D !idl CE .. J . ). , SEP.I ES OF 1)69
Vf Ct.TI ,; , Ct;HIIl Pt.:ulll. ALL Y, ACCESS ,..y Qi{
P '[SL T Y ~" ST! .. :l tl iT HI , Ll uCIZ 4, bl Crt' '\D'J,Y,~I'l.T.,. S ... l..•u FILI.G, CITY CF L L ... OJ ,
R "S , ~· _r.e 1J r "'~ent l ~· ~xists a puo li c alley or ri n.1 t
of ~ay adiacent to Lots 1 3 and J:, .,loc k 4, Birc h's .Gd iti on
to ... roa u.Ja} '-=i gtts , Seconu F ilin 9 , City of Cnr'le ,t oo d, Coun y
of , r a a 1 o ~ a .1 d ~tat~ o o 1 or ad o , an d
lnrli:' t.',S , ne P lan in anJ ;:o nin £ Conm i ssion of t.,e \.ity
of nnle ·ood .tas te r~tofor -r ~co tH:ended that ti1e alley le rein-
aoove desc ri ~o D':! vacateu· and
.lHr:.hE~-.5 , tne o •·me r of ot 17 c>loc k 4, n irc h's ,edit io n
to u roa dway :e i gn ts, Second F ilin r', City of En q le 1ood, ... aunt ·•
of ~ra o a n o , and State o f olorado, and t he east 4~ f ee t of
vacated South u rant St r eet adjac.:!nt to sai C: Lo 17 on ,,e est ~as agreed to conve y sai d Lot 17 an d t e east 4J feet of
vacat ed South Gr ant S treet ad ·acent to said Lot 17 on t11e test
to t ile City of E n g l e•~oo d or to conve •t to t ne Cit y of Ln~ile 10od
a pe r pe tual easel;lent acros s sai d, ro pe r t y; and
UdER<:.hS , t .e af or d~sc ri.Jed alley no lon ge r se rv es any
usefu l p urpose ;.,n d ·1 it n t.1 a foreuescri bed conve ya nce t 1e
vacatio n of said alle y /ill not l ea ve an y r ealty a d 'oinin g
said all ey l it.tout an esta)li s 'l ed 'luo lic ro ad con .1ectin 9 t1e
said realt y •.t it ll anot :1e r esta..1 lis :1ed p uo lic road ; and
HlCKE. S , t f e alley lle reinaoov d scribed is l'Jcatt:!d
e ntire l y wit i n t~e City of np l ewood, Colorado, ano does not
con titut e a oounda r y line be t 11een t i1e Ci ty of Eno le 100d and
any cou nty or otner munici p ality .
,;J\, ncnE FQ,;E , u[ IT RD",I.lED BY T.1::: CI TY CQu;,CIL •J F
THE C ITY JF ,,.,L E\1000, COLO ,AJCJ , as fo l l O':I S:
Sect ion 1. Tnat t e t.e r einabo v e desc ri oe alle y loca ted
in t ole City of l:.n g l ewood , -.ra anoe Cou nty, Co l o r ado, tle and
t~oe s a ne is 1: re by v acat d .
Section 2 . T 1at 11e afor~saio vacation Sloall not be
ffecrrve-until sucu ti .cas t e r e is filet: lit i1 tne Cl e r !{
and corGer for tne Count v of ra oan oe, State of Colora d o, a
d.,e conve y in c to t.1e .. ity-of Ln g l e,,cod Lot 17, t\lock 4, t:irc '1's
dd ition to [roa d ay !le i iol.S , .)econd F ilin o , 1.i ty of Ennle •:ood, ~.ountv of, ra pao~oc ano .)ta e of C.oloraC:o, and t 11e east 40 feet
of vacat.=c Sout" ';ra nt St r et a dja cent to sa i a Lot 17 on t ile
;est, or an instru ~ent conv ey in r to t ne City of Ennle wood a
pe rp tua l eascn.:nt acres~ ~aiu r ea l propc r t·t .
Introduced, r c:ac. i n full and p ass ed o n first reading on
til~ ll da~l of Jt:H y , 1 vl .
-./ ~?" Pu.>]i sl~d in full as a ui ll for an "r d ina nce on t 1e ::><
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Pu b li shed by titl e as Or dinance ,i o . .-3d __ , Se ri es of
l 'J6J , on t he ~day of-, ~-11 Jbr, tJ l h~
11ttest:
~·~s~u~r~~~r~~~~~~
1, Step hen A . Lyon , do ne r eby certify t h at th e a b ove an d
fore g oin9 is a true, accurate and co mp l ete co y of an v rdinance
passed on final r e adin g and pub lis hed by title as Ordi nance
l;o. :::,,1 , Se ries of 1 969 .
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r::P '2 '69
COUNCI L !.<.:._:J. .G FI LE
I dT..OlJUCED f,S f ILL !)'( C C.:C IL ', (\' ~IT( OF.: ENGLEWOOD,COLQ • . --k}_hOY'\~j --... -
BY , UTIIORITY
ORlJ I .iAdCE IJO . 7 , SE RIES OF 1)69
[,., CKlJ l 1 .c _ C TI ,~ • ~RTf !. PlJl)L IC ALLEY, ACC SS \111 Y 01{
RI GI T ~F \;,Y P .. St TLY ::X I <;f l oS IT ti i., BLOC 3, l "Ci 'S
r.L.t .. I I ')i, T ~ JAu'nY HEIG>TS , Sr.cr,,., FILI.G L ifY F '-~L t'O ,
s T~ JF CJL Kf ,_; .. Til I I.·-· St. . .: .T F·J-'TlLIT IES .
.. 1-"': S , t1er e p r esent l· ~x ists a !)UJlic al1zy or ri t
of 1a y adjac •n t to Lots 1 t1 rou ~ lJ, inclusiv e , and Lots 3G
t 1 rOU C1.l !JJ , inclu-iv .. , u lac r( 3, O::irc n 's .dd i t i on to t3 r oad lay
.le i ~llt s, Sec o.1 o F ili n:', Cit v of _na l e 1oo d. County of 1ra jl a •10
an d S tat e of wolorauo and
City .:11-t.• S , t.1~ l'la o nin o and .:onin 'l Co mm ission of tn
of -nC'l <? 1oo d .as 11t.r ~tofor~ r e co m-, nde d tllat tne al l ey
a ..1 ov e uescri u~d be vacat ed. and
11 e r e in -
'li _ L S, t1c: aforca .. sc ri cd alley no l on ge r s rv es an ~·
us e ful r urpos e aolu t 1-vacation of sai t.l a ll ey l'l i 11 not l eave
a v r ea l ty aujoinin 3 sa i d a ll ey •1 it1out an estau lis hed rJu J li c
roa d conn e cti n t 1e saia realt y ·lit •1 anot h er esta b li s11ed rJUJ lic
roa d; an d
~hE1lAS , the alley h ereina u ove d_sc ri Jed i s l ocate~
ent ire l y l'l it h i n tne C ity of t.n:J l e 1oocl, Colorado, and docs not
constitut e a uo undary line betv1een t '1. City of r.nn l e"l ao d ad
any county or ot1er muni ci pa l ity .
. :v , Tl! ~;:F OliE , 13E IT fll{u/,I :lElJ Y rue CITY COU .l CIL OF
T'lr. CI Y F [.,1.1 L EIOOD, C )LQ;"'lJQ , as fo ll o11S.
Sect ion 1. T.Jat the l1e r e i nabove descriJed a ll ev loc ated
in t h ecTt/-of-:.ngle ·load, Ara pahoe County , Co lora do oe and t n~
sa .e is .• ~ r e.;y vacat ed .
::.ection t.. lne r e is ncrcoy reserved fro r, t.1e vacation of
t .at areaadjacent to Lots 1 t 'lrOU ':Jl l ::i, i nclusive, and Lots 3 J
t .• rou CJ•l 5J, inclusive, b loc k 3 , an ease111ent in, t h roun n, over ,
ac r oss and unde r t he aforesa i d r ea l ty for se \'le r , <Ja S, 'l ater and
si milar p i ep li nes, ao,u rt enances and ut ili ties , and fo r e l ectric,
tel ep.1 one and sir.Ji l a r li nes, appurtenances and utili ies.
Introducec., r ead in full and rJas sed on first r e adin n on
t .1~ _i.::L_ day Of n Uf'USt, l Ji.~_,.
day
P u J liS .lcld in ful l as a 'ill for an ... rdina n c e on tne ~
of '/'a:f'ZJI , 1 J69 .
Re ad uy tit l e and passed on final r eadinf' on t "Je ~
Of\; f.Ad/Jiat 1 JG9 . day
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? u"' 1 i s 1, e d .J y t i t 1 e a~ ~ i nan c: 11 o . -) 3
1 9uJ , on t 1e g_ day of ~.d);J&:~·l 1 36J .
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I, S te phen A. Lyon, do he r eby certify t h at the a b ove and
for ego in g is a tru e , accurate an d co mp l e te co py of an )r d ina nce
p as sed on f i n a 1 r e a d i n Q and o u a 1 i s hed by t i t 1 e as 0 r d i nan c e
11 0 . 3-3 , Se ri es of l JoJ .
Attest:
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INTRODUCED AS A BILL BY COUNCILMAN ~t<c~,
BY AUTHORITY L
ORDINANCE NO. ii , SERIES OF 1969
AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR
RIGHT OF WAY PRESENTLY EXISTING WITHIN ILOCK 3, BIRCH'S
ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD,
STATE OF COLORADO, AND RETAINING AN EASEMENT FOR UTILITIES.
WHEREAS, there ppresently exists a public alley or right
of way adjacent to Lots 1 through 15, inclusive, and lots 36
through 50, inclusive, Block 3, Birch's Addition to Broadway
Heights, Second Filing, City of Englewood, County of Arapahoe
and State of Colorado; and
WHEREAS, the Planning and Zoning Com•ission of the City
of Englewood has heretofore reco••ended that the alley herein-
above described be vacated; and
WHEREAS, the aforedescribed alley no longer serves any
usefYl purpose and the vacation of said alley will not leave
any realty adjoining said alley without an established public
road connecting the said realty with another established public
road; and
WHEREAS, the alley hereinabove described is located
enttrely within the City of Englewood, Colorado, and does not
constitute a boundary line between the City of Englewood and
any county or other auntt,pality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EN&LEWOOO, COLORADO, as follows:
Sectfon 1. That the hereinabove described alley located
in the Cfty of Englewood, Arapahoe County, Colorado be and the
sa• 1s hereby vacated.
Section 2. There is hereby reserved fro• the vacatton of
that area adjacent to lots 1 through 15, fnclusfve, and Lots 36
through 50, inclusive, Block 3, an easeMnt h, through, over,
across and under t-e aforesatd realty for sewer, gas, water and
st•tlar pteplfnes, appurtenances and utflftfes, and for electric,
telephone and sf•ilar ltnes, appurtenances and uttltttes.
Introduced, read tn full and passed on ftrst reading on
the ~day of August, 1969.
Publtshed tn full as a Bfll for an Ordinance on the ~
day of -:2 ,c / , 1969.
Read by tttle and passed on ftnal readfng on the ~
day of '-y4 V.' . , • 1969.
Published by tftle as Ordinance No. , Serfes of
1969, on the ~ day of , ,,/" 1,. 1969.
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Mayor
Attest:
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I, Stephen A. Lyon, do hereby certtfy th1t the 1bove 1nd
foregoing fs 1 true, 1ccur1te 1nd co•plete copy of 1n Ordfn1nce
p1ssed on fin1l re1ding 1nd published by title IS Ordin1nce
No. , Series of 1969.
At test :
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I NTRODUCED AS A BILL BY COUNCILMAN /; ,(, < 4•
BY AUTHORITY
... ORDINANCE NO. -1 ;,.L • SERIES OF 1969
AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY. ACCESS WAY OR
RI GHT OF WAY PRESENTLY EXISTING WITHIN BLOC K 4. BIRCH'S
ADDITI ON TO BR ADW Y HEIGHTS. SECOND FILING. CITY OF ENGLEWOOD.
STATE OF COLO RADO .
WHE REAS. there presently exists a public alley or right
o f way adjacent to Lots 18 and 33 . Block 4. Birch's Addition
to Broadway Heig h ts. Second Filing. City of Englewood. County
of Arapahoe and State o f Colorado ; and
WHERE AS . the Planning and Zo ning Com•ission of the City
of Englewood has heretofore recommended that the alley herein-
above described be vacated; and
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WHEREAS. the owner of Lot 17 . Block 4 . Birch's Addition
to Broadway Heights. Second Filin g. City of Englewood. County
of Arapahoe. and State of Colorado. and the east 40 feet of
vacated South Grant Street adjacent to said Lot 17 on the west
has agreed to convey said Lot 17 and the east 40 feet of
vacated South Grant Street adjacent to said Lot 17 on the west
to the City of Englewood or to convey to the City of Englewood
a perpetual ease .. nt across said property ; and
WHEREAS. the aforedescribed alley no longer serves any
useful purpolf and with the Cforedescri bed conveyance the
vacation of said alley will not leave any realty adjoining
said al l ey without an established public road connecting the
said realty with another established public road; and
WHEREAS. the alley hereinabove described is located
entirely within the City of Englewood. Colorado. and does not
constitute a boundary line between the City of Englewood and
any county or other •unicipality.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD. COLORADO. as follows:
Section 1. That the hereinabove described alley located
in the City of Englewood. Arapahoe County. Colorado. be and
the sa .. is hereby vacated.
Section 2. That the aforesaid vacation shall not be
effecthe unt11 such tiM u there h filed with the Clerk
and Recorder for the County of Arapahoe. State of Colorado. a
deed conveying to the City of Englewood lot 17. Block 4. Birch's
Addition to Broadway Heights. Second filing. City of Englewood.
County of Arapahoe and State of Colorado. and the east 40 feet
of vacated South Grant Street adjacent to said lot 17 on the
west. or an instru .. nt conveying to the City of Englewood 1
perpetual easeMnt across said real property.
Introduced. read in full and passed on first reading on
t he ' day of Jltlt • 1969. -/ _,
Published 1n full u a Bill for an Ordinance on the __ /_
day of h-1 " • 1969.
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Read by title and passed on final reading on
day of ~/q?-''.'l!<cl 1969.
Published by title as Ordil)ance No. 2 J
1969. on the _ day of "~,:;J/ ;JJ1( .... 1969.
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Attest:
the _J__
• Series of
I, Stephen A. Lyon, do hereby certify that the above and
foregoing 1s a true, accurate and co•plete copy of an Ordinance
passed on final reading and published by title as Ordinance
No. -; _ , Series of 1969.
Attest :
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INTRO UCED AS A BILL BY COUNCILMAN __ P~A~R~K~I~N=S~ON~----------
BY AUTH RIT Y
ORDINANCE NO. S9-, SERIES OF 1969
R I. NCE APPROV ING AND RA TIFYING THE PERFORMANCE BY GUILDNER
~TE AND SEWER COMPANY, BY NA KEP NER AND BY WINSLOW CONSTRUC -
TION C A 1 F CERTAI N PUBLIC WOR K WI THOUT THE RECEIPT OF COM-
TITIVE 6I S THEREFOR A AU'IHOR I ZING THE DIRECTOR OF FINANCE
'1 0 PAY SUMS OF $935 .00 TO GUILDNER WA TER AND SEWER COMPANY,
$6 0 .05 TO NA KEPNER AN D $2,353 .72 T WIN SLOW CONSTRUCTION CO.
WHEREAS , Sec tion 1 16 of the Ch arter of the City of Engle -
wood provides that no capital improvement, cos ting in excess
of $1,0 0.00, shall be contracted for, except upon the basia
of apecification s properly submitted and approved fo r which
competitive bids have been advertised for and received, except
that when Council deema the same expedient, contracts for pub -
lic works or improvements ma be negotiated, rovid d that con-
tracts for which no competitive bids have been requested shall
be invalid unless accepted by ordinance which aball declare the
reason for exception to the com itive bidding requirement,
and
WHEREAS, there recent ly was found to exist a leak in one
of the City's sewer lines £ natur which presented a erious
health roblem, and
REAS, in this emergenc y situ tion th ~!rector of Util i-
ties authorize d h f ollowing parties to perform certain work
thereon having a value as se forth elow:
and,
Dana Kepner
Guildner Water and Se
Comp any
Winslow Co a
r
$ 640 .05
935 .00
p ny 2, 53.72
To ta l $3,928.77
WHEREAS, the matter now having been fully presented to
Council, it ia Council's intent and desire fully to approve
and rati f the authorization for the performance of said work
and to authorize the payment of said sums to said partiea.
en: , E IT OROAINE BY THE CI
COLORA DO, aa follow.:
CO CIL OF THE
Section l . For the reaaona aet forth hereinabove, Council
hereby determin s that there ar good, aufficient and expedient
reaso s to have the hereinabove described work p rformed without
the rece ipt of competitive bids and Council do a hereby fully
approve and ratify, with the same force aa if Council had
originally approved the aame, the contracta for th p rformance
of auch work heretofore entered into by the Director of Utilitiea
of thia City.
Section 2. Council hereby authorize• and directs the
Director of Finance to pay to the following parties the following
amounts, which Counci l finds to be the reaaonable v lu o f the
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s e rvice s and materials rendered by .s aid partie s i n the per-
formance o f the hereinb efore d es cribed contract s:
a na Y.ep er
Guildner Water and Sewe r Company
Winslow Construction Com pany
$ 640 .05
935 .00
2353 .7 2
t he
day
Total
Int r oduc e d, re a~ in fu ll and p as~ed
da y of ( ///~Jn . :• , 1969.
Publ is he d in full a s a Bi l l for an
of , d L:'~L p , 1 96 9 .
$3 9 28 .77
on first r eading on
/ Ordinance on the ~
e ad by title and pa s s e d op final reading on the ~·~'-J ____ _
da yof '-4 'c'<J .,.-;, .. ,, 1969 .,
Publi s he rl by tit l e as Or dinance No. :f/ , Series o f
1969, on t h e day of...{,./•7 Jn,{· 19t)IJ.
Attest :
'/ /-(-' /-, • ) 1 . :" -.!~ ,.; '1 l , "_ -L ,...:....?-"_-·1 / A { c....:_ I <,/cr /
City ClerkZ re!asurer
I . St ephen A. Lyon, do hereby certify that the above and
fore g o i ng i s a true, accurate and complete copy of an ordinance .
pa ss ed on f ina l reading and published by title as Ordinance No.
-' , Series of 1969 .
Attest:
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INTRODUCED AS A BILL BY COUNCILMAN __ .......::.........-------
By uthority
ORDI NANCE NO . , SERIES OF 19 6 9
AN ORDINANCE Al.IT HOR I ZIN:i AND RATIFY ING THE EXECUTION BY THE
MAY OR AND CITY CIZRK OF THE CITY OF ENGLEWOOD OF AN AGREEMENT
WITH HERMAN OLINE R1 BESS OLINER AN D ROBERT OLINER WHEREBY THE
CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORESAID INDIVIDUALS
CERTA I N REAL PROPERTY LOCATE D WITH I N THE CITY OF ENGLEWOOD FOR
A PERIO D OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OP -
TION TO PURCHASE SAID REAL PROPE RTY UPO N THE TERMS AN D CONDI -
TIONS THEREIN CONTAINED.
WHEREAS, Herman Oliner, Bess Oliner and Robert Oliner,
aa the owners of that real property l ocated with in the City of
Englewood, County of Arapahoe, State of Co l orado, described &I
follows, to wit :
All of Bloc k 16, Eng l ewoo d, including the
vacated alley in Block 16 , together with
all imp rovements and equipment located
thereon,
have previously offered to lease said property to the City of
Englewood commencing on the f irst day of March 1970 and con-
tinuing to the first day o f March 2005 at and for a monthly
rental of $1 10 0 .00 per month and have, in addition, offered to
grant to the City of Engle•AOod the right and authority to pur-
chaae a ll of said realty at a pr ice of $2.50 per s quare foot
at any date after March 1 , 19 90, subject to the provis i on•
and conditions set forth in that certain written Agreement
aianed by the said par ties and by the Mayor and City Cler k of
the City of Englewood, bearing the date of June 16, 1969, a
co py of which do cumen t is on file in the office of the Di rect or
of Finance and wh i c h i a available for public inspection, and
WHEREAS , this City Council has h eretofore offic i a lly
approved and authorized the execution of such Agreement between
said Ma yor and City Clerk , and
\fflEREAS, in order to assure that the said Mayor and City
Clerk had authority ao to do, it baa been au&&eated that the
execution o f said Agreement by the said Mayor and City Clerk
be formally approved and ratified by the enactment of an
ordinance,
NOW , l'HEREF RE, BE T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLoRADO, a a follows:
Section 1 . The execution of the hereinabove deacribed
Agreement by the May or and City Clerk of the City of Engle -
wood is hereby fully ratified and confirmed with the same forc e
and effect as if authorization f or the execution of auch Aaree-
ment had been g iven to laid offic ials by t he passage of an
ordinance approvi the a prior to their execution of aaid
Agreement, and th provisions of the hereinabove described
Agr e ment ar h reby further approved and accepted.
Sec tion 2 . Nothing herein shall be construed to create
any obligation upon the City nor created by aaid lease and
option agr euent and nothi ng herein aball be conatrued to
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modify or to amend, in any way, the provieiona of para&rapb 9
of eaid Laaaa and Option Agreement.
Introduced, read in full and paaaad on firet raadin& on
)-day of August, 1969. the
Publiehed as a Bill for an Ordinance on the /~ day
of August, 1969 .
Read by title a nd pa ssed on final reading on the ~~;--
day of nguat, 1969 .
'< ~
by title as r dinance No.
ay of --'""'-':....---"'--
~( , Seri•• of 969 .
/ ' _; , ~ r': /e/.d'c? I ,... /'
I, Stephen A. Lyon, do hereby certify that the above and
foregoing ie a true, accurate and complete copy of an Ordinance
paeaed on final reading and published by title as Ordinance No.
--------~---------' Seriae of 1969.
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I NTR ODUCE D AS A BILL BY COUNC IL MAN. ____ ~~~,~~-----------
BY AU T H O R~TY
ORDINANCE NO. :Z.., , SERIES OF 1969
AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET
WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY KNOWN AS •sOUTH
PECOS STREET• FROM THE POINT OF ITS INTERSECTION WITH WEST TUFTS
AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS OF
THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY
KNOWN AS •soUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD,
COLORADO, FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS
INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET ",
EFFECTIVE 12 :01 A.M. ON THE FIRST DAY OF JANUARY. 1971.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD.
COLORADO. that effective 12:01 A.M. on the first day of January.
1971 . those portions within the City of Englewo od. Colorado of
that street presently known as "South Pecos Street". fro• its
intersection with that street known as •west Tufts Avenue "
southerly to the point of its intersection with the City Li•its
of the City of Englewood and those portions w1thin the City of
Englewood. Colorado of that street presently known as •south
Santa Fe Lane •. fro• its intersection with that street known as
"West Tufts Avenue " to its inte r section with that street known
as "West Kenyon Avenue". shall be rena•ed. and thereafte r refe rred
to as. "South W1nder•ere St r eet •.
Introduced. read in full and passed on first reading on
the _\_day of August. 1969.
Published 1n full IS I Bill for an Ordinance on the ~
day of ~/,..~ • 1969.
Read by title and passed on final reading on the _a__
day of (ci{ V1~ ~ 1969.
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Published by title as ~dinanCJ No. .., /
1969, on the __ day of\ ... ,~~~?4>--'' u . 1969.
• Series of
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Mayor
Attest:
I. Stephen A. Lyon. do hereby certify that the ab ove and
foregoing is a true, accurate and co•plete copy of an Ordinance
passed on ftnal reading and published by title as Ordinance
No . I • Series of 1969.
Attest:
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DE N V8R REGIONAL CO UNCIL OF GOVERNMENTS
:!-1 ;5 u·P.</ 21J ih at'fllllf ·drnur ·rol ora do ·li02 11 · · ·lflephollf t:IU;J ) 433-H9il 1 & 4;J :Hl935
August 28, 1969
Mr. Stanley H. Dial
City Manager
3400 South Elati
Englewood, Colorado 80110
Dear Mr. Dial:
Cl'TY
1._01..0
Pursuant to the provisions of the Transportation District
Act, Senate Bill 309, 1969 General Assembly, the Board of
Co mmissioners of Arapahoe County have made the following
appointments as directors of the District.
To July 1, 1971
Mrs. James H. (Jean R.) Arthur
4855 East Vassar Avenue
Denver , Colorado 80222
To July 1, 1973
John B.. Crowley
1645 E. Noble Pl.
Littleton, Colo. 80120
The law requires that a majority of the towns and cities
located within or partially within the county approve the
appointments. In order that the organizational meeting of
the District can be held, it is requested that your city
coun c il consider these appointments and notify this agency
as soon as poss ible of its action.
Co rdially you~ ; ~
.I.~
K. Smith
ecutive Director
jks/rae
Hvtrrt N A •rrlel
Ho•ld, Ma rGt
,. .. '"".6111
Sa •{Ofll ,.,. Knlkrr
J rl'fldU ('ri!HU"Ihu,.
\' ('.h ltM II II
f//r,. l.tntru•l"'
Ali••' f'u f'~o~•• s,.,. T"rt"
•:.\t:l:I'TI\t; IO MM ITTt.~
JoJu• I C/et~d,t .of'll
.. fiJIHitllf' I 'll f'II IIUI , ..... , ...
H tll14 a II Vr,\1 r lnl ~ Jr
/Nrw n Jl•,or ,. r .. ., •••
flu-• lA•r•M,
·'"••• rn Co••
;,.,.. f Jlwrpjr
llo•ld, c .. t'•••
t·,,.,,,., L H.-,,.,.,.
.Jtlfn.o• c .. f'u••
HoiHrt 16: I( 11 tdl
Hu ld, ,.,.,.,
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TO : City Manager S. H . Dial
INTER-OfFICE
MEMORANDUM
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DATI: September 2, 1969
~OM : D. A. Romans, Planning Director
SIWECT : COUNTY COM11ISSIONERS' APPOINTIIENTS
Mayor Schwab has been sent a letter in which the qualifications
of the two appointees to the Transportation District Board
are set forth, but I will list them herewith for your in-
formation.
Mrs . Arthur graduated from Smith College in 1950 and taught
in an elementary school thru 1952. Her husband is a physician,
and she is active in the Arapahoe County Medical auxiliary,
having served as president in 1966 and 1967.· The Arthurs have
five children, and Mrs . Arthur is active in the Holly Hills
and Holly Ridge P.T.A. 's. She attended the National seminar
on Urban Transportation for Tomorrow, which was held at the
Hilton last May. (You may recall that Mr .Ha .. ond and I
attended that seminar.) Her appointment is until July 1,
1971. Mrs. Arthur is not a member of the League of Women
Voters. She is active in the Arapa~oe County Republican
Party, and is a member of Mr. Hamilton's executive committee
and is the campaign manager.
Mr. Crowley graduated from Regis in 1953 and attended the
C. U. graduat e school from 1955 thru 1963. He is married and
has 6 childre n. He was the Director of Economic Development
with the De nv e r Chamber of Commerce in 1963 and 1964, and was
manager of Forward Metro Denver from 1964 thru 1966. He is
now Vi ce P r es i d e nt of the G . M. Wallace Co. (Denver Technological
Ce n ter). His a ppo i ntme nt i s thru July 1st of 1973.
gw
t.d~'la#S
D. ANDREWS ROMANS
Planning Director
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l.H I<ODUC S A b iLL BY COU NCIL MAN
A BILL FOR
COU NCIL
Cfn: O F. ENGLL ·~ F;u::
• Ooo, COLO.
Arl O~Dir1ANCE IIDD I , G TO TH E MUt ICI PA L CODE OF THE CITY OF
Eti GlE 1WO D A Nn! CHAPTE R 6A TO E5 TAB LI SH P.E TI REMEN T A:lD PErlS I OH
PaO GR AM FOR AL L PE RM ANE ~T. FULL TI "t EMP LOYEE S OF THE CITY, EX-
CEP T PO LICE ~E N , PAIU FI RE ~·1 E I~ AN ·LECTE D OFFICI LS , PROV I DI 1lG FOR
THE FI NANCl 1jG OF TH E SA ~1E .U.. 0 CREATI NG A RE TI RE,JEN T BO ARD FOR THE
ADM I HISTRI\TIO OF THE SAtiE .
llE IT OR DAIIIED BY THE CITY CO Ur CIL OF THE CITY OF EIH1 LE\IOOD,
C LORADO , that th e Munici pal Code of t he City of Eng l ewood i s
he r eoy a mended by t he addition thereto of a new Cnap t e r 6A t o r ea d
as fo ll ows , t o-it:
"Ch a p ter oA
CITY OF Et GL WOOD RE TI REM~ T PL AU
§6 .1 Es ta bli shment of the Plan and uefi nition s
§61\.1 -1 Es ta b li shmen t of t h e Plan. The City of En ql e wood,
Stat e of Co lorado, he r eby estabTTShes-a retirement plan for its
emp l oyees as d es cri oe d he r ein , and whic h , as it may ~e he r eafter
a mended from ti me to ti me , s h all oe known as t he "CITY OF EtiG LE. 000
RETIRE I'I EtH PLA,," (he r einaf ter r eh rre d to as the "P lan ").
§6A .l-2 Def initi ons . lh eneve r used in t he Plan, t h e fo llowin q
ter ms s a ll h ave the r es pective me anin qs set fort h be l ow unless the
context clearl y indicates other 1se:
(a) "Effe ctiv e Da t e of t he Pla n " sha ll mean Jan uary 1,
19 70 .
{b ) "City " sh all Mean t he City of En q lewood, State of'
Colorado.
(c) "City Council w s h all mean t n e City Co uncil of the City
of Enql ewo od, Stat e of Co l o rad o.
(d) "Emp loyee" s h all mean an y pe r son e mp loye d oy t ne City
on a pe r ma nent, full-ti me basis. n em ployee s ha ll be
con s idered to be e mp loyed on a permanent, full -ti me
b asis if h is custo mary em plo ymen t exceeds t we nty no ur s
a week and five months a ye ar. For pur poses of t h i s
Reti r eme nt P lan, policemen, paid fire men and e l ected
officia l s sha ll not be considered to be e mp loyees .
(e ) "H e mb e r w sha ll me an an y pe r son includ ed in the me mo er-
sh1 p of t he Pla n as rovided in i 6A .2 he r eof.
(f) • etirement Board• snall me an the board char ed it1
the q eneral ad min istration of the Pla n as set fortn in
i 6A .10 h ereof. I . •
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(g ) "Com pensation " shall mean t he re g ular periodic
com pensation paid to the Emp loyee, reflectin g t h e
normal re gular salary or hourl y wage rate, in -
cludin g longevit y co mp en s ation, before an y pay roll
deductions for inco me tax, Social Security , g rou p
i nsurance, or an y ot her pur po s e, b ut excludin g
bo nus e s , e xtra pay , ov e rti me ay , contri bution s by
t he City under thi s Plan, or f o r Social Security ,
g rou p insuranc e , retain e r s ' f e e under contrac t , or
t he like.
{h ) "C ontinuou s Service" sh all me an se rvic e ih ic h i s
uninterru pted, or wh ic h i s inte rru pt e d onl y by pe r-
mi s si ble brea ks in se rvic e a s provid e d i n §6A . --i
(i) "P rior Service" s ha ll me a n t he pe riod of se rvic e
r e nder e d by a n Emp loy ee prior to the dat e he be-
co me s a Membe r o f t he Plan, for wh ic h cr e d it i s
a llowe d.
(j ) "Curr e nt Ser vi c e" sh all me a n t he pe riod o f ser vice
r e nd e r ed by a n Employee a s a Memb er for wh ic h cr edit
is a 11 ow e d .
{k) "Cr e dit e d Se rv ice" sh all me an t h e s um of a ny Pr i or
Se rvice and an y Curr en t Se rvic e , as f urt he r de f ined
in §6A.~ her e o f .
g -
(1) "Plan Year" s hall me an t h e calendar y ear s tartin g
Januar y 1 and endin g on Decem ber 31.
(m) "Retirement Benefit" sh all mean an y retir eme nt be ne -
fit provided for in §6A .6 he reof.
{n) "Accumulated Contri butio ns " sh all mean the s um of a
Me mber's contri butions to t h i s Plan to gether wit h
interest thereon at t h e rat e o f 3 ~% per annu m co m-
pounded annuall y .
{o) "Retired Me mber" shall me an a for mer Memb er whos e
em ployment has terminated by r e ason of retire ment and
who is receivin g , or is entitled to receive, or whose
b eneficiary or estate is entitled to r e ceiv e , bene-
fit s under this Plan.
{o ) "Vested Mem ber" s hal l mean a for mer Me mbe r whose em-
ployment has terminated and who is ent i tled to r e -
ceive the deferred Retirement Benefit s a s provided in
§6 A. 9 hereof.
(q ) "Ben e ficiar y " s hall mean t he person or per s ons who are
s o desi g nated by the Me mb er, in the latest written no-
tice wh ic h the Mem ber has filed with t h e Retire ment
Board, to receive an y pa ym ent to wh ic h a ben e ficiary
ma y become entitled und e r this Plan.
(r) "Tru s tee" s hall mean t he tru s t e e referr ed to i n §6A .11.
(s ) "In s uranc e Com pan y " sh all mean the in s ura nc e co mp an y
r e ferred to in §6A.11.
(t) "Fund " s hall mean t he Retirement Pl an fund es ta blis hed
for the pur pose of providin g the benefits und e r thi s
Plan as s pecified in §6A.ll hereof.
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(u) "A ctuarial Eq uival e nt " sh all mean a b enefit of
e quivalent valu e whe n co mp uted at the rate of
i nt e r es t and on the ba s i s of mortality and ot h er
ta bl e s last ado pte d by t he Retirement Board.
(v ) The mas culin e pronoun whe rev e r used s hall be in-
te r prete d to include the fem inin e , and sin g ular
wo rd s to includ e t h e plural.
§6A .2 ~em b ers h i p
§6 .2-1 Emp l oyees El ig i bl e on Effective Dat e . Eve r y Em -
pl oyee on Jan uary 1, 1970 , sh all be e li g i bl e forme mb er sh i p in
the Pl an o n t hat dat e .
Ea c h Emp lo yee, on J anuar y 1, 19 7 0 , may e lect to
be co me a Mem be r of t he Pla n o n t hat dat e by pro pe rl y filin 1 with
t he Re tiremen t Board, o n o r b efor e t hat dat e , t he for m of membe r-
sh i p a g r e e men t f ur ni she d for t h at pur pose. Any suc h Emp l oyee who
do e s not fil e t he for m o f memb er sh i p a qreeme nt on o r be for e t hat
date may th e r e aft e r fil e s uc h membe r s hi p a greement and beco me a
Mem ber on the fir s t da y o f an y s u bs e q ue nt month; b ut in s uc h ev e nt,
suc h Memb er sh all not be gi ve n Cr e dited Se rv i ce fo r an y Prior Ser -
vice, as defined in §6 A.3 -1 he r e in, in determinin g s ai d Mem ber's
Credited Se rvic e under t he Plan.
§6A .2-2 Emplo ye es Eli g i ble
...
Emp lo y ee 11h o becomes suc h after January ,
Plan s hall be a condition of emp lo yment, and s uc h Emp l oyee sh all be
re quired to com pl e te the for m of me mbe r sh i p ag r eemen t at t h e ti me of
emp lo yme nt. Suc h Em ploy e e s hall be co me a Membe r on t he d ate of em -
plo yme nt.
~6A .2-3 Te r mination of Me mb ers hip . Me mb e r s h ip in t he Pla n
sh all t e r minat e upon termination of t he l·embe r's emp lo yme nt 1~it h t he
City .
§6A . 3 Se rvic e
§6A .3-1 Prior Service. Prior Service shall include an y period
of continuou s s ervice rendered by ~ Mem ber as an Employee of the
City prior tor becoming a Me ber b.l..;u J r~· '· ' ·,#,~r· ,w. .. • { (.-,(, /1:~' v{.,/~ >-;.a. ,~,._ ~~ ,.. I~ 1..-r .. "J / d At
i6 A.3-2 Current Service. Current Ser vice shall tonsist o al
continuou s service of an Emp lo yee rendered between the date on whic h
he fir s t be ca me a Me mb er under the Plan, and hi s normal retirement
dat e , a s he r e after defined, or t he dat e of hi s termination of emolo y -
ment wit h t he Cit y , whichever first occurs.
§6A .3-3 Credited Service. Credited Se rvice, whic h ha s been
d e fined in §6A.1-2 (k} as the su m of an y Current Service and an y
Prior Service of a He mb er, s hall be t he onl y s ervice on the basis of
1h ic h ben efit s under thi s Plan sh all be determined. The Credited
Se rvic e of a Memb er sh all be d e ter min e d by t he Re tir em ent Board in
a no n-di s cri minatory mann e r a s provided he r e in.
~6A .3-4 Li mitation s on Cr e dited Se rvice. o pe riod of Credited
Se rvi ce sh all be dee me d t o'De increas e d or extended by ov e rti me.
Cr edit d Servi c e s hall not include an y period of ser-
vic e duri ng wh ic h the Memb er is covered under an y ot her retirement
o r pe ns ion plan, ot h er t han t he Volunteer Fi r emen's Pension Fund or
OASD I, to wh ic h the Cit y makes contributions •
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Credited Service shall not include any pe riod of
time durinq wh ic h the Membe r is on an approved leave of absence
or interruption of service as provided in §6A.3-5.
ln determinin g Credited
tional years shall be al~ Dn the asi
year for each full ~ar mont h sue
~6A.3-5 Brea ks in Ser vice . If an y br eak or breaks shal l
occur in the service Dr a Member, none of his servi c e prior to the
last su c h break, whether Pr ior Ser vic e or Current Se rvic e, sha ll
oe included in his Credit~d Ser vice. The Reti r ement Board shall
ha ve the power to determine whe n a break or breaks in se rvice shall
ha ve occurred and such determination shall be made in a non-discrim-
inatory manne r.
A leave of absence or interruption of service duly
a pp roved by t he City ~1 anager and Boa rd of Career Se rvice Commis-
sioners sha ll not be considered a brea k in service. All s uc h
leaves of absence or interruptions of ser vic e shall be ap proved in
a non-discriminato r y manner and for a specific neriod .
Any Employee or an y Member who is on a leave of ab-
sence on account of ente rin g into the mi litary servic e of the Unit ed
States (includinq service in the United State s Merchant Marine in
time of war) shall, in t he absence of reasonabl e justification for
additional delay, return to the service of the City within ninety
(90) days after the time when a di s c har ge from such military service
was first available to such employee. In the event t hat a Membe r or
Emoloyee does not return to the service of the City with in the time
spe cified above, such leave of absence sha ll be considered a break
in service.
The perio d during any leave of absence or interruption
of service shall not, however, be included in Credi ted Se rvice.
!6A .4 Contri b utions
~6A.4-l Memb er Contributions . An Employee wh o is or sha ll
be co me a Membe r sha ll, durinq his pe riod of Current Service in the
Plan, contribute to the Plan by means of payroll deductions an amount
equal to three per cent (3%) of h is monthly compensation plus one and
one-ha lf per cent (1 ~%) of that portion of such monthly Compensation
which is in excess of Five Hundred Fifty Dollars ($550.00). The
deduction for any lon ge vity pay not paid on a monthly basis, s hall,
neverthele ss, be com puted, for the purpose of this section, as if
the same had bee n paid monthly durin g the y ear in wh ich earned.
No Membe r shall be required or pe rmitted to make con-
tri butions to this Plan durinq an y pe riod of employment beyond his
Norma l Retirement Date or for any other pe riod of employment for
which he is not receivin g credit for Current Service.
~6A.4-2 ~Con tri butions. The City wi ll, from time to time,
at least annua~ make contributions to the Trust Fund to the ex-
tent necessary to finance the benefits pro vided by the Plan on a
sound actuarial b asis. The City expects to continue such contribu-
tions to the Plan, but assumes no responsibility to do so andre-
serves the ri ght to suspend or to reduce contri butions at any time.
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ot 1~i t hstandinrJ any other provisions he reof, or any
amendment he reto to the contrary, at no time shall any assets of
the Trust Fund r eve rt to, or be recovera ble by , the City or ~e
used for, or diverted to, uroo s es other than for the exc lu sive
benefits of Members, Retired Me~b ers, Vested ~embers or their
Beneficiaries under the Plan, except such funds which uoon termina-
tion of the Plan are in excess of the amount required to full y fund
the Plan and are due to erroneous actuarial calculations.
§6A.4-3 Application of Forfeitures. Any amount forfeited be-
cause of the termination or-employment of a Member orior to h is
ha vinf') acquired a fully vested ri qh t to Re tire men t Benefits, be-
cause of the death of any 11ember, or for any other reason, shall
not be a pp lied to increase the benefits whi c h wo uld otherwise oe
payab le to any other '1embe r. The amoun ts so forfeited shall be
applied as soon as oossible to reduce the contri butions rP.~uired
to be made by t he City.
§6 A.5 Reti r ement Dates
§6A.5-1 Retirement Under the Plan . The orovisions he rein below
contained relate solely to retiremenTUnder the Retirement Plan he re-
in establis hed and nothinq here in contained sha ll be construed to
re pe al, amend or modify the pr ovisions for mandatory retirement from
employment wit h t h e City as contained within any other o rdinance of
the City.
~6A .5-2 , ormal Retirement Date. The ilor mal Retirement Date
of a liember shall be t he first da y of the calendar month coincident
wi tn or next succeedinq his 65th bi rthday.
§6A.5-3 ~Reti rement Date. A Member who has attained the
aoe of fifty-five (55) ye ars andln.as completed 20 yea rs of Credited
Service may elect to retire as of the first da y of any calendar
month.
§6A.5-4 Delayed Reti rement Da te. Every Mem er up on reachinn
his Normal Reti re ment Date must retri="e under the Plan unless the
City re q uests that he delay retirement until a De la yed Retirement
Date. If such a De la yed Retirement Date is r equested by the City
and the Member elec ts to do so, he may remain a Membe r of the Plan
until such De lay ed Re tire men t Da te upon such terms as may bear-
ran ged , b ut not beyond the first day of t he calendar month coincident
with or next succeedinq his 70 t h bi rt hday . His "De layed Reti rement
Date" sh~ll be the first day of t h e non t h , coincident wi th or next
followinrJ t h e date of h is actual retirement. As a condition p rece-
dent to continuanc e in em lo ym ent beyond the ~o rmal etirement Date,
the t~ember shall file with the Re tire men t Boa rd the 1~ritten designa-
tion of a Benefi ciary , whe t her or not t he Member elects one of the
ootional benefi ts in accordance with §6A.7-2.
§6A .5-5 Disability Retirement Date. Unon written aoplication
to t e Retirement Board, a Member 1'1ifliat least 1 y ears of Credited
Service and who has bec ome pe r manently incapacitated for t h e per-
formance of duty from any cause shall ~e g ranted a Disability rte tire-
ment. J h_ Disabi lity Retirement Date shall be the first day of a
month coincident with or next followino the~\:. uppn which the
disability is determined by the Retirenent ~~~ ~to ha ve occurred.
The Retirement Boa rd shall have the sole authority to make the factual
determination of eligibility of a Member for a Disability Re tirement,
b ut such determination shall be made in a non-discri min atory manner
and with competent medical advice.
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~6A.5-6 Re tire me nt Date. A Member's "Retirement Da te "
sha ll be his Normal Retirement Date, h is Earl y Reti r em ent Date,
nis De l ayed Re tire ment Date, or h is Dis a bi lity Reti r emen t Da te,
whi chever is applicable .
§6A .6 Re tire ment Benefits
~6A.6-1 Ho rmal Re tirement Benefit. Upon retirement at
No r ma l Reti rement Date, each Retired Member shall receive a
mo nt h ly Reti rement Benefit f or ten years certain, and life
thereafter, e qual to one-twelfth the sum of the followinn:
(a)
(b)
For Prior Service: The num be r of y ear s of Prio r
Serv1ceCredited to hir>1, multiplied by the sum of
of (1) one-ha lf of one pe r cent (~~) of his
average annual Com oe nsation r e ceived dur1n the
three y ears of service next o rior to Janu ary 1,
1970 , and (2) one-~ourth of one oe r cent("%) of
that portion of s~c h annual Co mpe nsation in ex-
cess of $6,600.00.
For Current Se rvic e: (1) one pe r c ent (1 %) of hi s
rOrnpensation duri ng each y ea r of Curr en t Se rv ice
credited to hi m, plus {2) one-half of one pe r cent
(~%) of that po rtion of such Co mpe nsation in excess
of $6,600 .0 0 . Fo r any f r a ctio na l y ear of Current
Se rvice the benefit amount co mp uted he r e under shall
eq ual the s um of:
(i) one per cent (1%) of his Compensation for
s uc h fracti ona l y ear, and
(ii) one-ha lf of one ne r c en t (~%)o f t hat po rti on
of s uc h Compensation for such fractional yea r
as shal l ex c eed the product of $550 .00 and th e
numbe r ofvmon s ofls uc h frac ional y ~r.
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§6A.6-2 ~Reti r ement Be nefit. 1\ Member retirin g nrior to
his No r mal Ret~nt Date shal l be entitled to a r edu c ed Reti r ement
Be nefit wh ic h sha ll be the Actuarial Eq uivalent of h i s No r mal Retire-
me nt Be nefit which is ba se d on his Credited Se rvice pr io r to the date
of actua l r e tir eme nt and which would have been payable to him at h i s
No r ma l Re tirement Date.
~6A .6-3 Delated Re tiremen t Be nefit. A Mem be r retiring s ubse-
q uen t ~o his orma Retir eme nt Da t e sha l l r eceiv e the same mo nthl y
retirement be nefit a s that to wh ich he was en t it l e d at hi s No r ma l
Retirement Date .
~6A .6 -f Disabi litt Re tirement Benefit . A '!e mbe r ·~ho has · beco me
disa bl ed as stated in § A. b ut who has le ss than 10 y ear s of
Credited Ser vi ce on t he dat e on which the di s a b li nq e vent occurs,
sh all receiv e a refund of h i Ac cumula ted Contributions. s s-
A Member who b comes disa l ed as stated in ~6A.5
and has at l east 10 y ears of Credited Ser vic e sh all be entitled , as L:?
of h i s date of di sabi 1 i t y as determined by the Retirement lia 1 Uu .• e> .... ,
to th e Ac tuarial E~uivalent I tad ps of h is Normal
Retirement Be nefit wh ic h i s based on h is Credited Service orio r to
the date of h is disability and which would have been payab le to him
at h i s ormal Re tirement Date.
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After con s id e rin g the Memb er's nee d s , t he Retire-
me nt_. ....... ~ sh all det e r mi ne 1~he t h er the ~embe r i s t o r e ceiv e
suc h Actuarial Eq uival e nt co mo ut ed as o f t he d at e of s uc h dis -
a b ility , a s follo ws :
(a ) as a Re t i r eme nt Benefit pay a bl e mo n t hl y for
t he Me mbe r 's l ife, o r
(b ) a s a Re tirement Be nefit pay a bl e mo nt h l y un -
ti l deat h or the expi r y of a s t ated nu mber
of ye a r s, wh ic he ve r occu r s f irst , or
(c) a s a Reti r ement Benefi t oayab l e i n a s tat ed
nu mb er of monthly pa ym en t s, o r
(d) as a s i nq l e lu mp sum payme nt , o r
(e) a s one of t he o t he r fo r ms o f pa ymen t s pr o-
v ided in §6A .7 -2 .
§6A .7 Payment o f Be nefits
§6A .7 -1 Re tiremen t Benefit Payme nt s . Unl e s s o ptional Re tir e-
men t Be ne fit payments a r e a pp l ica5 1e , t he Re tir eme nt Be n e f i t as
p r o vid e d in §6A .6-1 sh all be paid in e q ua l mont hl y in s tall men t s a nd
t he fir s t such in s t a ll ment s 1all be paid on t he fir s t da y of t h e
mont h next succ ee din q t he mont h in whic h the R etir ~m ent Dat e oc cur s
and continuin g at mo nt hl y i nt e rv al s for a period o f 11 9 ad d it iona l
mont hs and for the Retired embe r's lifetime t her e after. The l as t
benefit pay ment sh all be made on t he fir s t da y of t h e mont h of t he
Retired Member's deat h , unl ess paym ents have been made for f ewe r
t han 12 0 mont hs in wh ic h ev ent t hey sh all be c o ntinued to h is name d
Beneficiary , ceasin g whe n a t otal o f 12 0 mon t hl y pa yment s hav e bee n
made to the Retired Mem ber and h is Be nefi ciar y , co mb i~d.
~6 A .7-2 Optional Re t i r em ent Ben e fit Pa ym ent s Subj ect t o s uc h
uniform rules and r eg ulations a s t he · e r em en may pr e-
s cri be, a Mem ber may , in li eu of t he Retirement Be nefit payment s
provided in §6 A.7-1, e lect on e of the follo win g for ms o f Op ti onal
Retirement Benefit s , whic h sh all be t h e Actuarial Equivalent of t he
benefit to wh ic h he would ot he r wi s e be e ntitled. The Me mb er mus t
ma ke an y e l e ction of an o ptional be ne fit in writin g , and such elec-
tion must be filed with the Retirement at lea s t 9 0 da y s
prior to t he due dat e of the first oayment of etirement Benefits
under t he Plan. The election of an option ma be c han .e d at an y
ti me pri o r t o 90 da y s pr e cedi ng t h e du e date f t h ~~ir s t P)Yment
of etir emen t Bene fit s under the Plan. ~ ~· f
(a) Jo int and Survivor Benefit Op tion . A ben e fit whic h
~r o vid es-reduced mont h l y Retirement Benefit pa yments
durin t he Retir ed Me mb er's life, and u pon hi s deat
af t e r r et ire e n t, co nt i nu es payme nt s in t he s ame or
a l esse r amo unt to a d es i g nated Ben e fic i ary durin g
( u )
the l i f e of s uc h Be n efi c ia r u~ prov i de d, howe ver, that
t he designated Be ne f i c ia r f or an y 1oi n t and s urviv o r
ben fit e l cted und er this §6A .7-2 mu st be the Me mbe r's
spo u se .
Lif e and Te rm Cert in enefit Option . A b enefit whi c h
proviaes an--djusted month l y Re t ir emen t ene f it pay-
ment d ur inq t he Reti re d Membe r's lif e , a nd u pon his
d ea t h a f t e r r e t i r emen t wit hi n a speci f ied t e r m c e rt ain
(s uc h term to be 5, 15 or 2 0 y ears a s elect ed y t he
Memb er), co n ti nues pa yme nt s in the sa me a mount fo r t he
balance of s uc h t e r m certa i n to a de s i g na t ed Bene f i ci a r y.
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(c)
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Soc ial Se curit ~ Ad~ustment Option. A benefit
payab,e to the Ret red !'\ember durin g hi s lif etime
b ut wit h s uc h pa 'mants adjusted so that, to (]e th e r
wit h t he monthly payment of the pri mar y insurance
amount expected to become payab l e to him under
Title II of the Federal Socia l Act as in force on
the date of sucn r e(]uest, the y will fo r m, as nearly
as is ractica b l ~. a uniform se rie s of ayments.
Tne Retired HemPe r's etirement Benefit under t his
option will be adjusted by increasin g the amount of
each monthly pa ymen t be co min g payab l e to h im be fore
he i s expected to r eceive s uch Soc ial Security be ne-fit~ and nv decreasing the amount of his mont h l Y
payme nt ~e comin ~ pay able t o h i m thereafter.
Lifetime Uenefit O~tion. be n efit ~hich p rovide s
1ncreased monthlyet1 r ement Benefit payments onl y
durin q the Retired Membe r's life.
§6A.7-3 Mi ni mum Mont hlL Payme nts. If the month l y be nefit to
11h icn an y 11 emller or rfene ficiary shal l I.Je come entitled under the Plan
sh all be les s t han $25 .00 , the Re tire me nt Boa rd shall ha ve the ri gh t
to direct t hat the Actuarial Equiva lent of such bene fit shall be
oa id in alum sum or in install~ents at such inte rv a l s as will re-
sult in each paymen t amounting to at least $25.00.
§6 A.7-4 Beneficia r ~. The Membe r ma v desi gnate as h is Bene -
fi ciary , in writing, his spouse or any of h i s chi l dren, ei t her natural
or ad o pte d, p arents, brot hers or sisters. If the designated Be ne-
ficiary dies p rior to th e due date of the fi r st paymen t of Reti re ment
Be nefits und er the Pl an and no ne~ Deneficia r y has been designated,
Re tirement Benefits shall be oaid as t ho ug h no optional bene fit had
bee n e l e cted.
~6A.B Death ee nefit s
§GA.B-1 De at h of a Memb er Before o r ma l Reti re ment Date. In
the event t h at ~moer -o f the Plan dies p r1 or to h is NoriilaiReti r e-
ment Date, there sh 11 b e p aid to the qeneficiarv desi gnated by h i m,
if said Be nefici r v be living, otherwise to h is estate, the a moun t
of his Accumulated Cont ri b utions as of the date of h is death.
§GA.B-2 ~t~ of ~ Hembe r Betv1een No r mal ~ Oelayed Re tirement.
ates. n t he event that a Memb er continues in the
Cit'l 's mp l0 /11'\ent""aft r h is No r ma l Retirement Da t e , and dies be fore
actuall y r e tirin g , then, for Pu r poses of this Plan, he s h all oe
deemed to v e retired on the first da of the calendar month in
which he dies. If an e l ction of an optional benefit provid ed for in
§6A.7-2 is t hen in effect, t he navmen ts, if anv, p rovided by such o~
tional benefit s hall be made to t he Be neficiar y desiqnated by t e
MemJe r. If no e l e cti on of an optiona l be nefit rovided for in §6A .7-2
is then in effect, s uc h 1 mbe r sh all be deemed to h ave e l ected the
be nefit oro vid ed for in section t6A.7-1 and the 12 0 monthlJ p ayments
shal l be made to the Bene ficiar y de s i~nated y the Membe r as r equi red
in §6A.5-·~
In the eve nt that no desi n ted S neficiary is livin g
at t he deat of a ~ mbe r ihi l e continuin~ in the City's employment
aft r h is ormal ~ tire me nt at e, such ~emb r ~hal l be deemed to have
e lected t e benefit ~rovided for in §6 .7-1, and the 12 month l y ray -
men ts sh 11 \.le com muted at the tnt r s t rate 1 st ado ted by theRe-
tirement nd o aid in one s um to t he sta te of the ~ember.
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~6A .8-3 Death of a Retired Membe r. In the event that a
Re tired t~embe rWTi"i>has Ele en receivin g Retirement Benefit paymen ts
under §6A.7-l or §6A.7-2, option (b ), dies be fore he ha s receiv ed
payment of monthly installments for the term certain, his Bene-
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ficiar y , if livin g, sha ll receive monthly installments of the
same amount for the balance of such m cer afn.
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In the event that n nefici r v
deatn of such Retired Membe r, t h monthl y i ns
ba lance of the term certai n will be at the interest rate
la st adopted by the Retirement ~ 1**e and paid in one sum to
the estate of the Reti re d Membe r. If at the death of the la s t
surviving Be neficiary followinn the death of the Reti red Member,
monthly installments have not yet been paid for the term certain,
the insta ll ments for tne ba lance of t he ter m certain will be co m ,
~ut ed at t he interest rate last adopted by the Reti rement '9~M4tte ~
and paid in one sum to the estate of the la st s urvivin g Benefi ciary .
In the event that a Reti red Member wh o has been r e -
ceiving benefit payments under the provis i on s of §6 A.7-2, o ption
(a), dies, the Benef ici a r y , if livin g , shall receive payment of the
Re tir ement Be nefit determined by s uch optional form commencing on
the first day of the mo nt h followin g the death of the Reti red Membe r
and continuing during the remaining lifeti me of the Be neficiary ter-
mina tin g with the la st paym ent due p ri o r to t~e datP of the d e at h of
the Be neficiary . If, at the deat h of t he Re t i red lember, the Bene-
ficiary is no lon qe r livin g , no further benefit payments will be made.
§6A.8-4 Death of a Retired Memb er Bef ore Contributions Recovered.
In t he e vent tnati!t~e termination of Retirement Benefit payme nts
following the death of a Re tired Member, t h e total of such payme nts
made to t he Retired Member and his Be neficiary is les s than the amount
of t he Accu mulated Cont ri bu tions of the Retired Member at his Retire-
ment Date, the diffe rence shall be paid in one sum to t he Bene ficiary ,
if livin g, or to the est at e of the last survivor of the Retired Memb er
or h i s Beneficiary.
~6A.8 -5 Death of a Vested Me mb er Befo re No r ma l Re tire me nt Date.
In the event tnati! 9'ested Member dies prior to h is No r ma l Retireiii'eilt
Date, there shall be paid to the Beneficiary designated by h im, if
livin g, otherwise to h is estate, the amount of h i s Accumulated Con-
tributions at t he time of h is death.
~6A.8-6 Uniform Simultaneous Death Act. The provi si ons of any
la w of t h is State providing fo r the distribution of estates under
the Un iform Si multaneous Death Act, whe n a pp lica ble, sha l l govern
t he distri bution of money pay able under t his Plan.
§6A.9 Severance Be nefit s
~6A.9-1 Coverafe. Benef its shall be paid under this Section
for se ve ranc e or--emp oyment of a Membe r onl y for reason s other than
retirement or death.
§6A.9-2 Less than Ten Years Credited Service. In the event
that a Membe r sha ll r esi n or be discharged from the ser vice of the
City prior to h i s Normal Reti rement Date , and has less than ten (10)
years of Credited Se rv ice, the only benefits to wh fc h he sha ll be
entitled under this Plan shall be the refund of hi s Accum ulated Con-
tributions.
~6A.9-3 Ten or ~ore Years Credited Service. In the event that
a Membe r sha ll-resTgn-or-be-GfScharged from the service of the City
prior to his Normal Retirement Date, and has ten (10) or more y ears
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of Credited Se rvice, he may elect either {a) to leave h1s
Ac cu mu lated Con tri bu tions on deposit in the Fund and become a
Vested Me mb er, or {b) to receive, in lieu of all other be ne fit s,
a r efund of his Ac cumulated Contributions. If such a Membe r
fails to elect ei ther {a) or {b) within ninety days after his
date of termination from t he Plan, then he shall be deemed to
have elected to leave hi s Accumulated Contributions on deposit
and to be come a Vested Membe r.
A Vested Membe r sha ll be entitled to a deferred
Retirement Be nefit wh ich shall be the vested po rti on {as shown
in the ta b le be lo w) of the Re tir eme nt Benefit earned to the date
of the termination of his membe r sh i p . Su c h deferred Ret irement
Be nefit shal l be payable at the Vested Member's No rmal Retirement
Date, prov id ed, howe ver , that t he amount of Re t i r ement Be nefit
sha ll be no less than the be nefit wh ich Accumulat ed Contribu-
t ions at h i s No r ma l Reti r ement Date wo u d provide.
A/s
Completed Years Per cent of Ea rn ed
of Credited Service Be nefit Vested
10
11
12
13
14
15
16
17
18
19
20 and over
50%
55
60
65
70
7 5
80
85
90
95
100
A Vested Membe r may elect, at any ti me prior to h is
Nor mal Re tirement Date, to receive, in li eu of all other benefi ts,
a refund of his Accumulated Contributions as of the date of refund.
§6A.1 0 Administ ration of the Pla n
§6A.1 0-1 Re tire men t Bo ard. There is he r eby created a bo ard
to be kno1~n as the "Reti reiiie'rit"Board of t he City of Englewood",
which shall be com posed of seven members. Two su c h membe r s sha ll
be employees of t he Cit y who are members of the Plan, who sha ll be
selected by a vote of all of such members in accordanc e wit h such
procedures as t he City Mana ge r may, from time to ti me, adopt there-
for. Two such members shall be elected mem bers of Ci t y Council, wh o
shall be selected by a ma j ority of the members of City Co uncil.
Three members sh all be taxpayinq electors of the City of Englewood,
who shall be se lected by ~ majority of the membe r s of City Council.
In addition, t he City Manager, or his designee, shall
s erve in an advisory ca pacity, as an e x ~officio, non-voting membe r.
§6 A.1 0 -2 Te r ms of Of fice. The terms of office of each votin q
membe r of the Reti r ement Boa rd shall be fo r four yea rs, providin g he
continues to possess the qu alifications therefor set forth in §6A .10-1
durin g his term, provided, however, that the terms of office for those
membe r s origina ll y e l ected shall commence on December 1 , 1969, and
shall be as follo ws:
(a) One emplo yee member shall se rv e until Februa r y
1, 1972, and one shall serve until Feb ruary 1,
1974;
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(b ) Both councilmen members shall ser ve until
Feb ruary 1, 1974; and
(c) One elector mem ber shall serve until
Feb ruary 1, 1974 and t wo elector members
sha ll serve until February 1, 19 72.
In t h e event of any vacancy occurring in the membership of the
Retirement Board , the same shall be filled, for the duration of
t he unexpired term on l y , in the same manner as is provided in
§6A.1 0 -1.
§6A.10-3 Exe rci se of Powe rs. The powe rs and pe ro gative s of
the Ret irement Board mayoe exercised u pon majority vote of a
q uoru m thereof, which q uorum sh all consist of five (5) votin g mem-
bers t he r eof. All s uc h vo te s sh all be re~:ord e d in the minute s of
the Re tire men t Boa rd and all decisions and determi nations thereof,
not inconsistent with the provisions of this ordinance, sha ll be
bindin g and conclus i ve u pon all interested parties.
~6A .1 0-4 Po we rs of Re tirement Board. I n addition to the
po~1ers and o bl i gat1 ons 1mposed u pon tiielfeti r eme nt Board, as trus-
te e , by §6A.11 hereof, t he Re tire me nt Board sh a11 ha ve all powe rs
nece ss ary to supervise the administration of the Plan, and to con-
trol it s o pe rations in accordance wit h its terms, includin g, but
not by way of li mitation, the follo win g :
(a)
(b)
(c)
(d)
(e)
(f)
( 9 )
To interpret the provisions of the Plan and
to determine any questions arising under the
Plan, or in connection with the administra-
tion or o pe ration thereof.
To determine all matters affect i ng the
e li g i bility of any Emp loyee to be .or b ecome
a Memb er of the Plan.
To determin e the amount of the Memb er's con-
tributions to be wit hhe ld by the City in ac-
cordance wi t h the Plan and to maintain such
records of Accumulated Contri butions as are
necessary under said Plan.
To determine the Credited Service of an y Mem-
be r and to com pute the amount of Retirement
Be nefit, or ot her sum, payable under the Plan
to an y person.
To authorize and d~rect all disbursements of
Re tirement Benefit s and other sums under the
Plan.
To employ such counsel and agents and to ob-
tain such clerical, medical, legal and ac-
tuarial services as it ma y deem necessary or
a pp ro priate in carry in g out the provisions of
the Plan.
With the advice of its actuary, to adopt, from
time to time, for pu r poses of the Plan, s uc h
mortality and other tables as it may d eem nec-
essary or appropriate for the operation of the
Plan.
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(h ) To make valuations and appraisals of the
assets held in the Fund under the Plan,
and with the advice of an actuary, to de-
termine the lia ilities of the Plan.
(i) To create reserves fro m such assets for
an y pur pose.
§6A .1 0-5 Oath of Of fice. Prior to en terin g upon the pe r-
for mance of the~ies of a Membe r of t he Retirement Board, each
membe r thereof s hall take and subscribe an oath t ha t he acce pts
the obliqations imposed u po n him by the provisions of this ordi-
nance and that he sha ll fait hfull y perform the duties o f s uc h
office.
~6A.ll Re tirement Plan Trust Fund
§6A .ll-l Appointment of Trustee. The Retirement Board of
the City of Engle wood, and its members, is h ere by ap p o~nted and
constituted Trustee of the Ret iremen t Plan Funds and s hall ho ld,
manage, and control th e same in accordance wi t h t h e provisions
he rein be low contain ed.
§6A.ll-2 The Trust Fund. All City and em ploy ee contributions
and all i nve s t m ents--rfiere~ogether with all accumulations, ac-
cruals, e arnin gs , and income with respect t hereto, shall be held by
the Trustee in tru st hereunder as the Tru s t Fund for t he exclusive
bene fit of Membe rs, Retired Memb ers, Vested Memb ers and t heir Bene-
ficiaries. The Trustee shall not be res ponsi b l e, howe ve r, for the
collection of an y City or employee contri butions.
§6A.ll-3 Pu r~o ses and Powers of Tru stee . It is the pur pose
and intent of the1ty in!Const1tutfng and a ppoin tin g the Ret ir e-
ment Board as trustee of the Trust Fund herein established to q ive
and g rant unto said Re tire men t Board full and lenar y powe rs to
establis h s uc h investment or purchasin g pro g rams as said Retiremen t
~oard may dee m nece ss ary or a pp ro priate to provide assurance that
there shall be an adequate sou rce fo r the pa yme nt of all benefits
he r ein pr ovided for. To t ~is end , said Re tirement Board may deter-
mine to:
(a) Us e the Trust Fund for the purc hase of one or more J..;t:11A f
annuity, or other, insurance policies from one or
more insurance co mp anies authorized to do business
within the State of Colorado, whereby said insurance
com pany agrees to pa y all, or a portion, of the bene-
fits herein p rovided for; or
(b) Contract with a commercial ban k, chartered under
either the statutes of the State of Colorado or the
United States of America, and doin q business within
this state, with a trust com pany organized pursuant
to the statutes of the State of Colorado and doing
b usiness ithin this s tat e , or with a member of the
e w York Sto c k Exchan ge or the American Stock Ex c han ge,
doin q business within t his s tate, to hav e s uch narties,
or one or more of t hem, invest the funds fo r and on
behalf of the Retir ement Board; o r
(c) Di r ectly invest the funds and asset s held by t he Re -
tirement Board in the Trust Fund; or
(d) Es ta blish a "combined" pro ram, partly funded by in-
surance and partly funded by investments.
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~6A.ll-4 Investments. Should it determine to invest t he
Trust Fund, either wholly or oartly, and either directly or by
contract with a bank, trust compan or stock exchan,e member, t he
trustee in it s sole discretion, ma y invest and reinvest t he Trust
Fund, without distinction between r1ncipal and income, in such
common s toc k s, preferred stoc ks, bonds, notes, debentures, mort-
ga nes , c e rtificate s , and other s ecuriti e s, investments, real or
pe r s onal pro pert y o f an y k ind, includin g nurc ha s e and lease-bac k
tra ns act i on s , inte r es t& in oil and other d e pleta l e na tural r e -
s ourc e s, inve s t me nt in mutual funds (o pen-end or otherwi 5e) a s it
ma y determi ne , wit hout re ~ard to ~h ether s uc h inv es t me nt s may p r o -
duc e curr e nt inco me or wh et her s uc h inv es tment i s an a ut ho riz ed or
a pp r oo ri a t e inve s t me nt f or tru s t ee s under t he la ws app lica bl e
the r e t o , orovid e d, howe ver, t ha t, sh ould the tru s t ee de t e r mi ne to
ma ke inv es t me nts dir e ctl y , wit hout an inv es t ment m ana ~emen t c on -
tract wit h a ban k , tru s t co mp an y , or s toc k e xc han ge membe r, t hen,
a nd i n t hat e vent onl y, the f ollo wi nq li mitati ons sh all a pp l y:
(a ) The a qq r eg ate o f monie s inv es t e d in cor po rat e s toc k
o f all kind s , to rye t he r wit h t he monie s inve s t ed in
cor porat e bonds conv e rti bl e to cor oorat e s toc k , sh all
not e xce e d t hirty per c e nt (3 0%) of t he boo k value of
th e asse ts of t h e Trust Fund be in g directl y inve s ted;
and
(b ) o inv e stment in the s toc k , or converti b l e bonds, of
an y sin q le corporation, s hall e xceed five per cent
(5%) of t he book value of the as s ets of t he Trust Fund
b ein ~ directl y invested, and
(c) At no ti me s hall the Truste e hold mor e than seven per
c e nt (7 %) of t he outstandin ~ s toc ks or bonds of an y
cor porati o n. ·
§6 A.ll-5 Trustee's Po we rs. Subj ect to t he provisions of §§
6A.ll-3 and 6A.II-4 1n its inve s t ment and ad ministration of the
Trust Fund, t he Tru s tee is aut horize d and emp owered 1ith res pect to
an y s ecuriti e s o r o t her ro perty he ld in t he Trust Fund:
(a) To se ll, exc han ge, con~e y , transfer, lease for an y
period, pled q e, mort qa q e, g rant o ptions, contract wit h
r e s pect to or ot herwi s e encum ber or dis pose ther e of at
pub lic or private sale for cas h or upon credit or
partl y for both, and no person dealing wit the Trustee
s hall ~e bound to see to the a pp lication of the pur-
c hase mone y or to inquire into the validity , ex pedienc y
or pro priet y of any such sale or other dis position;
{b ) To sue, defend, com promise, ar b itrate, co mp ound and/or
settle an y debt, obli qation or clai m due to or fro m
it as Trustee or an y other suit or leal proceeding
involvinq the Trust, and to reduce the rate of interest
on, to extend or otherwise modify , or to foreclo s e
u pon default or other wi s e enforce an y suc h de bt, o bli-
g ation or claim;
(c ) To g ive eneral or sre c1f1c nroxi es or rowe r s of at -
t o rn ey wit h or wit hout powe r of su stitution ;
{d ) To vote in pers o n or by p rox y on an y s toc ks, bonds, or
ot her securiti es for t he conversion t hereof into ot her
s tocks, bonds, or securities, or to de osit t hem in an y
votin g trust or with any protective or like committee,
or with a trustee or depositaries designated ther eby ,
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or to e xe rci se an y ri gh t s t o su~~criue for a ddi-
tional s toc ks , bonds , or other securities and to
make any and all ne ce ssa r y ~ay en s t erefo r e, and
to join and pa rtic i pate in, or to dis ent fro and
o pp ose, any r eorganizat ion, r ca ~t altza ton, con-
solidation, li q uida tion, sal ~r r er o corpo ra-
tions or properties in 1 e r d as
Trustee, u pon sue~ ter
dee m wi se;
(e ) To re gister a ny secur 1t
own name or in t he na o#
out the additi on of ord
ties are he l d in a fiduc ar
se curiti es in bearer for ,
of t he Trust ee snall at a 1
in vestments are part o t~e
(f) To r e tain , man age, o er te, r ~air, f r ove, 1 r ftion,
ded i cate or otherwise deal ~i t h ant real estate ~eld
by it;
(q ) To retain uninve sted s uch cas h as it may dee m necessa r y ,
wit hout obli oation to pa y interest t hereon;
(h ) In ge neral, to ex e rci s e a ll powe r s in the rr1 a na gemen t of
the Trust Fund wh ic h an y indi v idual could exercise in
t he mana geme nt of pro pe rt y owned in h is own ri g ht.
~6A.ll-6 Distri bution s . The Trustees shall oay or distribute
all Plan Benefits from t he Trust Fund in s uc h for m, in suc h amounts,
at s uc h tim e s and to suc h payees as may be a ut ho rized under t he Plan.
No ri gh t or clai m in or to t he Trust Fund or any part th e reof or in-
terest t he rein i s a ss i g na b l e or su bj ect to g arnis hment, attachment,
execution or l evy of any kind, and any attempt to transfer, as sig n,
or pled ge same sha ll not be recognized by the Trustee.
§6 .11-7 Ex pe nses. The Trustee may emp lo y suita ble a ge nts and
couns e l. The exp enses incurred by t he Trustee in t he performance of
its dutie s he r e under and all proper c hac ges and dis bursements of the
Tru s tee, includin g all taxes la wfull y assessed u po n or in res pect of
the Tru st Fund or its income, shall be c harned and pa id by the Trustee
from t he Fund.
~6A .ll-8 Compe nsation. No member of the Retirement Board, as
Trustee, sh all r ecei ve com pe nsation for his services as such but
shall be entitled to be reim bursed for an y expenses incurred by him
on behalf of the Tru s t Fund to the extent t hat such expense s are not
paid by t he City of Engle wood.
§6A .ll-9 Re cord s . The Trustee s hall see that accurate and de-
tailed account s of all investments, rec eip t s and dis burse ments and
ot her transactions he reunder are kept. All accounts, bo oks and rec-
ords relatin g thereto shall be open to ins pec tion by an y pe rson
desiqnated by the City of Eng lewood at all reasona ble ti mes . The
Trustee shall maintain s uc h records, make such com putation s and oe r-
form s uc h ministerial act s as the City of Enq le wood fro m ti me to ti me
r eq ue s t .
§6 A.11-10 Repo rt s. On or befo r e t he 1st day of August and t he
1st da y of Fe bruary of each year, the Trustee shall file a r epo rt
wit h t he City of En g l ewood in such for m as the City of Engle wood may
r eq u est. This report sh all show all purchases, sales, recei pts, dis-
bursement s and other transactions effected by the Trustee during the
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!6A.15 Benefit Limitations on Early Termination
§6A.15-1 Te mp orary Li mi tations on Benefits.
A. Notwith s tandinq an y other provision of this Plan
(exce pt ~§6A.15-l C and 6A.15-1 0, if
(i) t h i s Plan is terminated wi t hin ten ye ars
aft e r the Effective Date of the Plan, or
(i i) the benefits of any of t he ~!embe rs de-
scribed in §6A.15-1 F be come pay a bl e
wi t h in ten ye ars after the Effective Date
of the Plan, or
(iii) the be nefits of an y of the t~embe r s de-
scribed in !6A.l5-1 F be come paya bl e after
this Plan has bee n in e ffect fo r ten yea r s
and at the time such be nefits be co me
pa ya ble t h e full current cost s of t he Plan
for the first ten y ears have not been me t,
no benefits provided by t he Ci t y's contri-
bution s hall be paid to an y Membe r described
in §6A.15-1 F in exces s of t he bene fits
which can be provided by an a mou nt equal to
the larger of the follo winq a mo unt s:
(i) $20,000.00; or
(ii) an amount e qual to 20 per cent of
the first $50,000.00 of t he Member's
average annual co mpensatio n durin g
the preceding five yea r s multi plied
by the number of yea rs be t we en the
Effective Date of t he Plan and (1)
the date that t he Plan t erminates or
(2) if benefits become pay a b le to a
Member descri bed in §6A .15-1 F within
ten y ears after the Effe ctive Date
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of the Plan, the date the benefits of
such Member first be co me pay able (if
before the date of ter mination of
this Plan) or (3) if benefits become
payable to a Member described in
§6A.15-1 F after t he Plan has been in
effect for ten years and if the full
current costs of the Plan for the
first ten years have not been met or
if the full current costs have not
been met on the dates referred to in
(1) or (2) above, the date of the
failure to meet the full current costs.
This limitation shall cease to be
effective at such time, at or after
the expiration of ten y ear s from th e
Effective Date of this Plan, as the
full current costs of the Plan hav e
first been me t.
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B. If a ~embe r de s cri ~ed in ~6A.l5-l F leaves
t he em plo y of the City or wi t hd ra ws from me mber-
sh i p in t h i s Plan, t he b nef1ts h ic h "le may r e-
ceiv e shall not at an y ti me , wit h in t h e first ten
ye ars after t he Eff e ctive Date of t h is Plan, ex-
c eed t he ~enef its set fort h in !6A .1 5 -l A. If,
at t he en d of ten y ears after the Ef fectiv e Ua te
of t h i s Pl an t he full curr en t cost s of the first
t en yea r s have not been me t, the be nefi t s s uc h
Membe r may r e c ei v e sha ll not e xceed the benefits
set forth in §6A.15-l A until the first time that
the fu ll current costs of this Plan ha ve bee n me t.
C. The li mitations contained in §6A.15-1 A sh all not
r es trict t he fu ll pa yme nt of any be nefits to a
Benefic iary on beha lf of a Membe r who dies after
r e tir ement and wh il e th is Plan is in full ef fect
and 1ts full c ·trrent costs have bee n met.
D. The li mitation s cont ained i n §6A.l5-l A sh all not
r es trict t he curr ent payme nt of full Reti re me nt
Benefits call ed fo r by t"lis Pl an for an y Re tired
~embe r wh il e this Pl an i s in full effect and it s
full current co sts have bee n met .
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E. In the event of t ermination of the Plan while the
limitations contained in 16 A.l 5-l A are in effect,
t hat ortion of the assets of the Fun d, with re-
spect to t hose embe rs desc ri bed in §6A .l5 -l F ,
wh ic h i s in e xcess of t h e a mount s specified in
§6A .l 5-l A will be ao ortioned to t he other .1em-
be r s , includin 9 Re tired rtembe r s , in accordance
~ith t he n rovi s ions contain e d in §6A.13-5 hereof .
F. The Membe rs referred to in §6A .15-l A and §6 A.15-l B
shall be only thos e of the 25 h i qh e st pai d Em-
p lo yees det e rmined a s of January 1, 19 70 , whe t he r
or not initiall y elit)ible for Membe rs h i p , whos e
mont hl y Re tire me nt Benefit u pon ~orM al Re tire ment
Date would exceed $125.00 ."
Introduced, read in full and passed on first readin q on the
-----da y of , 1969 .
Pu b li she d as a Bill for an rdinance on the
---------------· 1969 .
____ da y of
Attest: Mayor
city Clerk-treasurer
I Stephen A. Lyon, do hereby certify that the above and
foregoing is a true, accurate and complete copy of a Bill for
an Ordinance introducedL read in full and passed on first read-
ing on the day ot , 1969 .
city Clerk-Treasurer
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six-month pe riod for which t he report is filed. It sha ll con-
tain an exact de s cri pt ion , the cost as sh own on the Tru s t ee's
books and the market value as of the end of suc h period of every
item t hen he ld tn th e Tru s t Fu nd. The Tru s t ee sha ll be forever
r el i e ved from all lia b ility to t he City of Englewood, t he Fund,
and an y Pa rtici pa nt or Beneficiary with r espe ct to the pro pr iety
of an y of its acts or transactions sh o wn in suc n report unle ss
within nin~ty (90) da ys after the recetot of such r epo rt th e Ci t y
of Enqlewood g ives t he Tru stee ~ritten notice of its o bje ction or
ob ections to any matter set fo r th therein.
~6A.ll-ll . Tru stee 's Liability. The Trustee sha ll not be
liable, e it her as a body o r indiv 1du ally, for the making , reten-
tion, or sa le of an y in vestment or reinve s t ment made by it or
originally received by it as he r ei n provi ded no r fo r an y expense
or liability he r e und er, nor for any lo ss to or diminution of t he
Tru st Fund unl ess due to or arisinq from its own gross neg li gence ,
misconduct , dishonesty or lac k of good faith. The Trustee may con-
su lt with counsel and sha ll be fully prot e cted in actin g u pon t he
advice of coun se l. Un l ess ot herwi se dvised, the Trustee may assume
t hat the Plan at a ll times q ualifi es und e r Sec tion 40 l(a) and that
t he Trust he re by estab li shed t s at all ti mes tax-e xe mp t und e r Se c-
tion 501(a ) of t he lnternal Re venu e Cod e, as amen ded, or s ucc ess or
provi sions . The Tru stee shall have no r espo nsi bility for t he
accuracy of any info r ma tion furni shed i t by the Cit y of Eng l ew ood.
§6 .11-1 2 Rem oval of Truste e . No t~in q he r ein sh all be con-
st ru ed to pro h i b it City ~uncil of the City of Enqle wood from r e -
mo vi ng the Reti r ement Board of t he City of Eng l ewo od as Truste e of
t he Retirement Fu nd by ap pro priat e amendmen t t o this ordinance.
Upo n removal of t he Trustee, the City Council sha ll
a pp oint a s uccessor t ru stee o r ins ura nce com pan y . Uo on deliver y by
the r emo v ed Trustee to its successor trustee o r in s uranc e co mpany of
all pro pe rty of t he Fund, l ess su c h reasona b le amount as it sha ll
d eem ne cessar y to provide fo r it s expenses, and an y taxes or ad-
vanc es c har gea bl e or payab l e out of the Fund , the successor trustee
o r insurance co mpany sha ll thereu pon have the nowe r s and duti es as
are co nfe rred u pon it by a trust agree me nt or g rou p annuity contract.
No successor tru s t ee or insurance com pany sha ll ha ve an y obl i gation
or lia bi lity wit h r esoe ct to the acts o r omi ss ion of its o r ede c esso rs.
§6A .ll-13 Ame nd me nt or Termination. In th e event of the termi-
nation of the Plan as provfded in t he Ordinanc e , th e Tru s tee sh all
dis pose of the Fund in accordanc e wi t h t h e t e rms of t he Plan. At no
time shall an y art of the cor ous or income of t he Fund be used for
or diverted to pu r pos es other t han for the exclusive be nefit of Me m-
be rs, Re tired Membe rs, Vested Membe rs, or be neficiari es under the
Plan.
§6 A .11 ~14 Exp r essed and I mp lied Powe rs. othing contained in
the Plan, eit he r expressl y -or by imnlication, sh all be deemed to 1m-
pose an y powers, dut ies or res pon sibilities o n the Trustee other
than thos e set forth in t his o rd inance .
§6A.ll-15 Judgments Bindin~. Necessa r y pa rti es to any accoun t-
ing, ltti qation, o r other procee inqs sha ll include on l y the Tru stee
and the City Counci l, and the settlement or j udg ment tn any such
case in which the City is dul y served or cited shall be b indin q u pon
all Membe rs, Re tired embe r s , V sted Members , or Be neficiari es under
the Plan, and upon all pe r sons claiming by , throu gh or under tnem.
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§6A.l2 Re t irement Benefits and Righ t s Inali e na ble
§6A.l2-l Inaliena b ilit*. Memb ers, Retired Membe rs, Vested
Memb ers and t heir Benefic1ar e s un der the Plan are he re by re-
strained fro m s el l inq, transferrin q , anticipatin q , assi q nin q ,
hyp othecatin g , o r oth e r ~i se di sp o s in g of t he ir Re tire ment Bene-
fits, p ros pe ctive Re tire ment Be ne fits, or any other ri gh t s or
int e r es t s under the Plan, a nd any atte mp t to antici pa t e , assi qn,
p led qe, o r o t ne r ~ise dis ose o f t he s a me sh all be void. Said Re -
tir em ent Denefits , prospe ctive Re tirement Benefit s , and ri qh t s
and int e rests of sa id ~embe r s , Retired Memb ers, Vested Memb e r s or
Benefici a ri es sh all not at an y time oe s u b ject t o t he clai ms of
creditor s or lia b ilities or t ort s of s aid Mem ber s , Re tir ed ~em
be r s , Vested ~em~e r s o r Benefi ciari es , nor be lia bl e to attach-
me nt, exe cut ion, or other l eq al pr ocess.
§bA .l 2-2 Ban k ru ptcy . If a ny i1 e mbe r, Re tired llembe r, Ves t e d
11embe r or Beneficia ri es sh all ecome bankrupt or att em[.lt to anti-
ci pa t e , ass i g n or p l e d qe an y be ne fits under t h e Plan, t h en s uc h
b enefits sh all, in the dis cre tion of the Re tir eme nt Board cease,
and in t hat e vent t h e Reti r ement Board s ha ll hav e aut ho rit y to
caus e t he same, or any part t hereof, to be h eld or a nn li e d to or
for the be nef it of su c h Mem ber, h i s spo use, h i s c h ildren, or other
d epe nd e nts, or an y of the m, in such mann e r and in suc h p ro [.)o rtions
as the Re tireme nt ma de em ~ro pe r.
~6A .l3 ~edification or Term in ation of Pla n
§6 A.l3-l Continua tio n of Plan . It t he ex p ectation of tne
Cit y that it will continue tfiTsPTan and t he pa yment of its con-
tri butio ns hereunder indefinite l y , but continuance of the Plan i s
not assu med a s a cont ractual o b li ~ation of t he City .
§6A .13-2 Po we r to Ame nd or Te rminat e Pla n . The City r e-
se rv es the ri 'l ttClaiTe r, amend, or terminatet he Pla n or any p art
t h er eof in s uc h man ner as it ma y determine, and s uch alteration,
amendment or termination s ha ll ta ke effe ct u pon not i ce th e re of
the City t o t he Trustee~ provi ded t hat no suc h alteration or a me nd-
ment sha ll p rovid e t h at t h e e tirement Senefit pa y a b l e to an y Re -
tired Memb er sh all be le ss t h an t hat orovided by h i s Accu mulated
Contri buti ons or affect the ri qh t of a ny ~e mb e r to receiv e a refund
of h is Accu mulated Contri butions and p rovided furt her that no alter-
ation or t e r mination of t he Plan o r a ny pa rt t he re o f sha ll pe r mit
any part of t h e Fund to r eve rt to o r to be r eco ve ra b le by t he City
or be u sed for o r diverted to our poses other t han t he e xclusiv e be ne-
fits of Mem be r s , Re tire d Me m ers, Vested Memb ers o r Beneficiaries
under t he Pla n, e xc e r such funds, if an y , as may r em ain at termina-
tion of the Fund after s ati sfa cti on o f al l li abi liti es wit h res pect
to Membe r s , Retir ed ~embe rs, Ves t ed 4emb ers and Beneficiaries under
the Plan and ar e due so l e l y to e rroneous actuarial calculations.
§6A .13-3 App rov al Under t he Interna l R ~v enue Code. The Plan
is intended to com p l y 1·iflltller:e u1r eme nts of the aoj)Tica b l e p r o vi-
s ions of Section 40 l{a ) of t h e nternal Re venue Code as no w in
effe ct or he r ea fter am en ded, and an y mod if i cati on or amendment of
the Plan may be made r troactive, as necessary or a p ro priat e, to
es ta b li sh and maintain such co mn lia n ce.
Not withstandin q an y otloer p rovision he reof, 1f the
Internal Re venue Se rvice fails to f)rant ini t ial q ualification of
t h is Plan under t he prov isions of Se ction 40 l(a ) of the I n t e rn a l
Re venu e Code , t he Trustee shall r eturn all contri butions, to qethe r
with t h e pr o rata share of income, less expenses, to the Hembers
who ha ve contributed the same, and to the City . Thereu po n, thi s
Plan shall terminate.
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§6A .13-4 Discontinuance of ~Contri b utio ns . The Cit y
reserves the right at an y ti meanaror an y rea s on satisfa ct o r y
to it to discontinue pe r manentl y all c ont ri but ion s by the City
under this Plan. Suc h di s continuanc e shall be de emed to be a
comp l e t e t ermination of the Pla n.
16A.13-5 Al location of Fund Assets Uhon Termination. In
the event of th e com p l ete term ination of t e Plan, all assets of
the Tru st Fund sha ll be conv er ted to cas h and a lloc ated to Mem-
bers, Re tired Membe r s , Ves ted Memb ers and Beneficiaries on the
fo llo wing basis:
(a) An a mount e q ual to the Accu mulat ed Contri butions
or ba la nce thereof, wh ic h would be pay a bl e to t he
Me mbe r s, Re tired Mem bers, Vested Memb ers o r Bene-
ficiar y shou ld death occur on t he dat e of t he
termination of the Plan.
(b ) An amount of the re maini ng as se ts eq ual to a pro
rata po rtion determined on t he basis of t he rati o
that the actuarial res e rv e for h is accrued bene-
fits minus the amount in (a) a bove credited to h i m
bears to the total of suc h actuarial reser ves minus
t he total in (a).
§6A ,l3•6 Dis tri bution of Fund Asset s ~Te rmination. Wh en
th e assets of the Trust Fund inave-Deen a ll ocated as indicat ed a bove,
t he di s tri b ution may be made in t he for m of cash or non-transferable
annuity contracts as determined by t he Reti re ment Boa rd, provid ed
t hat an y funds r emaini ng aft e r the sati s faction of all lia bi lities
t o Memb ers, Re tired Mem bers, Vested Membe r s and Beneficiaries und er
t he Plan and due solel y t o er r oneous actuarial calculations may be
wit hd ra wn by the Re tire me nt Board from t he Trust Fund for th e account
of the Ci t y.
§6A.l 4 Misce llan eo u s Provisions
1 6A .l4-1 Ad vise me nt of Terms and Conditions of Plan. Each
Member sha ll b e ad vi sed of-rhe ge neraT prov is ions or me-Plan and
u pon written re q uest a ddr essed to t he Ret iremen t Board sh all be fur-
nis hed with an y info r mation r equested re gard in g h is status, ri gh t s
and privile ges under the Plan .
1 6A.l4-2 limitation of Lia b ility . No Mem ber shall have any
ri gh t to Re tire men t Benefits under t he Plan, except such ri gh ts, if
any, as ma y accrue t o h i m u po n his r e tire me nt fro m t he service of
the City under the pro vi sions of t he Plan wh il e it is in effect.
All such be n efits ar e pay a b l e so l e l y out of the Trust Fund and in no
event shall t h e City, the Tru s t ee , or t he Reti r ement Bo ard members
be lia bl e therefor.
§6A.l4-3 Effe ct of Plan. Nei t he r t he establishment of t he
Plan, the q rantin q of a-Reti re me nt Be nefit nor an y action of the
City o r the Retirement Board sha ll be he l d or construed to confer
u po n any pe rson an y ri gh t to be continued as an Employee, nor, u po n
dismissal, to an y ri qh t or in t e r est in t he Trust Fund othe r t han a s
he rein provided.
§6A.l4-4 Disclaimer of lia bility. either the esta blis hm ent
of this Pla n, nor any amenament or mOd 1 fication thereof, nor failure
of the City to provide s ufficient contri butions to the same s hall be
cons tru ed as g iving to any Membe r, or other pe r son , an y l egal or
eq uita bl e ri qh t a ain st the City , or an y officer or director thereof,
or agains t the Re tir ement Boa rd, or any membe r thereof.
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
SEPTEMBER 2, 1969
REGULAR MEETING:
The City Council of th e City of Englewood, Arapahoe
County, Colorado, met in regular session on S eptember 2, 1969
at 8:00 P.M.
Ma yor Schwab , p r esiding , called the meeti n g to order.
The i nvocation was given by Ma jor J. Sexton Johanson
of the Salvation Army, Eng l e wood Temple Corps. Pledge of
Allegiance was l ed by Boy Scout Troop No. 333.
The Mayor asked for roll c all. Upon the c all of the
roll, the f ollowing were present:
Councilmen Parkinson, Lone, L a y, Kreiling , Dhority,
Brown, Schwab.
Absent: None.
The Mayor declared a quorum pres e nt.
Also present were: City Manag er Di al,
Assistant City Manager Mack,
City Attorney Criswe ll,
City Clerk Lyon.
* * * * * *
COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969, BE APPROVED
AS READ . Upon the call of the roll, the vote resulted as follows:
Ayes : Councilme n Parkinson, Lone , Lay, Kreiling, Dhor ity ,
Brown, Schwab.
Nays : None.
Absent: None.
The Mayor d ec lared the motion carried.
* * * * * *
Mayor Schwab recognized th e following citi zens from the
list of "Special Citizen Program Invitees":
Mr. Robert A. Hewitt, 4510 South Grant Street.
Mr. and Mrs. John F. Poole and Gary, 4961 South Kalamath
Street.
******
COUNCI LMAN LONE MOVED, COUNCILMAN KREILING SECONDED,
THAT THE PUBLIC HEARING ON THE PROPOSED 1970 BUDGET BE OPENED.
Upo n the c all of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority ,
Brown, Schwab. I • •
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Nays: None.
Absent: None .
The Mayor declared the motion c arri ed and the public hearing
open at 8 :15 P.M . (Note : A tape recording of the public
hearing is on file with the official minutes.)
The following individuals appeared b efore City Council
in r e gard to the public he aring:
Mr . Stanley H . Dial, City Manager.
Mrs. C. W. Henni n g , 3074 East Cornell.
Mr. John F. Poo l e , 4 96 1 South Ka lamath Street.
Mr . Pete Peterson, manager of the Englewood Chamber
of Commerce , 180 West Girard Avenue.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE PUBLIC HEAR ING BE CLOSED. Upon the call of the roll , the
vote resulted as follows:
Ayes : Councilmen Parkin son , Lone, Lay, Kreiling,
Dhority, Brown , Schwab.
Nays: None .
Absent: None.
The Ma y or declared the motion c arri ed and the public hearing
closed at 8:5 2 P .M.
* * * * * *
A memorandum with attachments from John F. Murphy ,
Personnel Director, regarding 1970 employee benefits was re-
ceived for the r ecord .
RESOLUTION NO. 29 , SERIES OF 1969
A RESOLUTION ACCEPTING AND APPROVING RECOMMENDATIONS
FOR 1970 CITY EMPLOYEE SALARIES AND RELATED BENEFITS .
COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED,
THAT RESOLUTION NO. 29, SERIES OF 1969 BE ADOPTED AND APPROVED.
Discussion ensued .
COUNCILMAN LAY MOVED, COUNCILMA N DHORITY SECONDED,
THAT RESOLUTION NO . 29, SERIES OF 19 69 BE AMENDED BY STRIKING
THE PHRASE, "DOES HEREBY APPROVE AND ACCEPT THE RECOMMENDATION
OF THE BOARD OF CAREER SERVICE COMMISS IONERS TO PAY TO ALL
RETIRING EMPLOYEES ONE-HALF DAY'S PAY FOR EACH DAY OF SICK
LEAVE ACCUMULATED BY SUCH EMPLOYEE OVER NINETY DAYS," FROM
THE FIFTH PARAGRAP H OF THE RESOLUTION . Upon the c all of the
roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lay, Kreiling , Dhority,
Brown, Schwab.
Nays: Councilman Lone.
Absent: None.
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The Mayor declared the motion carried .
Upon the call of the roll on the original motion as
amended, the vote resulted as follows:
Dhority,
Ayes:
Brown,
Councilmen Parkinson , Lone, Lay, Kreiling,
Schwab.
Nays: None.
Absent: None.
The Ma y or declared the motion carried. (Note: The amended
Resolution is copied in full in the official Resolution Book.)
It was the consensus of Council that more information
be obtained concerning the Board of Career Service Commissioners'
recommendation that all retiring emp loyees receive one-half day's
pay for each day of sick leave accumulated over ninety day s.
* * * * * *
A memorandum from Director of Public Works Waggoner
with attachments regarding cost estimates for various traffic
pattern alternatives was received for the record.
City Manager Dial presented a synopsis of the recom-
mendation regarding cost e stimates of various traffic pattern
alternatives.
Mr . Jim Hammond, Traffic Engineer, and Mr. Kells
Waggoner, Director of Public Works, appeared before City Council
and discussed various aspects of the estimates.
It was the consensus of Council that the study be
deferred for further consideration.
* * * * * *
A memorandum from Douglas C. Sovern, Fire Chief,
regarding inspection of the aerial apparatus while under con-
struction in St. Joseph, Missouri was received for the record.
* * * * * *
A memorandum from Donnell R. Stanton, Englewood Police
Department Public Relations Officer, regarding the Community
Police Relations Institute at the University of Southern
California, June 8 to 13, 1969, was received for the record.
* * * * * *
A recap of the May 28, 1969, meeting of the South
Platte Channel Improvement Committee was received for the
record.
Director of Public Works Waggoner appeared before
City Council in regard to the report on the South Platte
Channel Improveme nt Committee meeting on Ma y 28, 1969. Mr.
Waggone r stated that it was his understanding that the Improve-
ment Committee wished that the City of Eng lewood would partici-
pate in at least 50 per cent of right-of-way acquisition in that
part of the South Platte channel to be widened that runs through
the City of Englewood.
* * * * * *
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The minutes of the Parks and Recreation Commission
meeting of August 13, 1969 were received for the record.
* * * * * *
The minutes of the Board of Adjustment and Appeals
meeting of August 13, 1969 were received for the record.
* * * * * *
The minutes of the Board of Career Service Commis-
sioners meeting of August 28, 1969 with a memorandum regarding
1970 salary and fringe benefit recommendations attached were
received for the record.
* * * * * *
BY AUTHORITY
ORDINANCE NO . 29, SERIES OF 1969
AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF
THAT STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY
KNOWN AS "SOUTH PECOS STREET" FROM THE POINT OF ITS INTERSECTION
WITH WEST TUFTS AVENUE TO THE POINT OF ITS INTERSECTION WITH
THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF
THAT STREET PRESENTLY KNOWN AS "SOUTH SANTA FE LANE" WITHIN
THE CITY OF ENGLEWOOD, COLORADO, FROM ITS INTERSECTION WITH
WEST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE
TO "SOUTH WINDERMERE STREET", EFFECTIVE 12:01 A .M. ON THE FIRST
DAY OF JANUARY, 1971 .
(Copied in full in the official Ordinance Book.)
COUNCILMAN LONE MOVED, COUNCILMAN LAY SEC ONDED,
THAT ORDINANCE NO . 29, SERIES OF 1969 BE PASSED ON F I NAL
READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLE WOOD HERALD
AND ENTERPRISE . Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 30, SERIES OF 1969
AN ORDINANCE AUTHORIZING AND RATIFYING THE EXECUTION
BY THE MAYOR AND CITY CLERK OF THE CITY OF ENGLEWOOD OF AN
AGREE MENT WITH HERMAN OLINER, BESS OLINER AND ROBERT OLINER
WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORE-
SAID INDIVIDUALS CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY
OF ENGLEWOOD FOR A PERIOD OF THIRTY-FIVE YEARS AND GRANTING TO
THE CITY AN OPTION TO PURCHASE SAID REAL PROPERTY UPON THE TERMS
AND CONDITIONS THEREIN CONTAINED.
(Copied in full in the official Ordinance Book.)
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COUNCILMAN LONE MOVED, COUNCIL MAN PARKINSON SECONDED,
THAT ORDINANCE NO. 30, SERIES OF 1969 BE PASSED ON FINAL READING
AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND
ENTERPRISE. Upon th e c all of the roll, the vote resulted as
follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority , Brown , Schwab.
Nays : None.
Absent: Non e .
The Mayor decl ar ed t he motion carried.
* * * * * *
BY AUTHORITY
ORDINANCE NO. 31 , SERIES OF 1969
AN ORDINANCE APPROVING AND RATIFYING THE PERFORMANCE
BY GUILDNER WATER AND SEWER COMPANY, BY DANA KEPNER AND BY
WINSLOW CONSTRUCTION COMPANY OF CERTAIN PUBLIC WORK WITHOUT
THE RECEIPT OF COMPETITI VE BIDS THEREFOR AND AUTHORIZI NG THE
DIRECTOR OF FINANCE TO PAY THE SUMS OF $935.00 TO GUILDNER
WATER AND SEWER COMPANY, $640.05 TO DANA KEPNER AND $2,353.72
TO WINSLOW CONSTRUCTION CO.
(Copi ed in full in the official Ordinance Book.)
COUNCILMAN PARKINSON MO VED, COUNCILMAN LAY SECONDED,
THAT ORDINANCE NO. 31, 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 resulted
as follows :
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority , Brown, Schwab.
Nays : None.
Absent: None.
The Mayor declared the motion c arri ed .
* * * * * *
BY AUTHORITY
ORDINANCE NO. 32, SERIES OF 1969
AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS
WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 4, BIRCH'S
ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD ,
STATE OF COLORADO .
(Copi ed in full in the official Ordinance Book.)
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT ORDINANCE NO . 32 , 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 resulted
as follows:
Ayes: Councilmen Parkinson, Lone , Lay , Kreiling,
Dhority, Brown, Schwab.
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Nays: None.
Absent: None.
The Mayor declared the motion carried .
* * * * * *
BY AUTHORITY
ORDINANCE NO. 33, SERIES OF 1969
AN ORDINANCE VACAT ING A CERTAIN PUBLIC ALLEY, ACCESS
WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 3, BIRCH'S
ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD,
STATE OF COLORADO, AND RETAINING AN EASEMENT FOR UTILITIES.
(Copied in full in the official Ordinance Book .)
COUNCILMAN DHORITY MOV ED, COUNCILMAN LAY SECONDED,
THAT ORDINANCE NO. 33, 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
resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried .
* * * * * *
Introduced as a Bill by Councilman Parkinson and read in full,
A BILL FOR
AN ORDINANCE ADDING TO THE MUNICIPAL COD E OF THE CITY
OF ENGLEWOOD A NEW CHAPTER 6A TO ESTABLISH A RE TI REMENT AND
PENSION PROGRAM FOR ALL PERMANENT, FULL TIME EM PLOYEES OF THE
CITY, EXCEPT POLICEMENT, PAID FIREMEN AND ELE CT ED OFFICIALS,
PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE-
MENT BOARD FOR THE ADMINISTRATION OF THE SAME .
COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED,
THAT THE PROPOSED BILL FOR AN 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
a s follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
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RESOLUTION NO. 30, SERIES OF 1969
A RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO
A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT
THE NE XT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 1 969 , AND DIRECTING THE CITY CLERK AND ELECTION
COMM ISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE
SAME ON THE BALLOT.
(Copi ed in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED,
THAT RESOLUTION NO . 30 , SERIES OF 1969 BE ADOPTE D AND APPROVED .
Upon the call of the roll, the vote resulted as follows:
Dhority,
Ayes :
Brown ,
Councilmen Parkinson , Lone,
S c hwab .
Nays : None .
Absent: None .
The Ma yor declared the motion c arried.
* * * * * *
Lay , Kreiling ,
City Attorney Cri swell stated that wh en the Atchison
Ranch was sold to the Martin Company approximately 50 acres on
th e e ast side of the South Platte River had remained the property
of the City of E n glewood . Recently the City of Englewood had
been enjoined with the City of Martin b y th e Federal Government
to cond emn for Chatfie ld Reservoir five acr e s of the City's
holdings and a portion of the holdings o f the Martin Company.
Mr. Criswell stated that a pre-trial c on ference would be held
on October 1 0 , 1969 and r eques ted that authority be granted
him to represent the City of Englewood in the condemnation.
Mr . Criswell stated that he would work towards a settlement out
of court should the offer for the land be determined reasonable.
COUNCILMAN LAY MO VED, COUNCILMAN BROWN SECONDED, THAT
THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD
IN THE CONDEMNATION SUI T FOR A FIVE ACRE PARCEL OF THE REMAINING
ATCHISON RANCH PROPERTY HOLDINGS OF THE CITY OF ENGLEWOOD. Upon
the c all of the roll, the vote r esu lted as follows :
Ayes: Councilmen Parkinson, Lone , Lay, Kreiling,
Dhority , Brown, Schwab.
Na y s: None .
Absent: None .
The Mayor declared the motion carried .
* * * * * *
City A torney Criswell stated that in regard to the
litigation on the Moo dy case that the court had entered an order
that the Moodys had until Sep ember 15, 1969 to vacate their
premises located at 2352 West Harvard. After that time the city
of Englewood was to board up the premises and Mr. Moody was
to submit a proposed repair plan to the Chief Building Inspector.
Once the repair plan was approved, Mr. Mood y could apply to the
court to r e-enter the premises.
* * * * * *
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City Attorney Criswell stated that included within the
agenda packet was a decision from Arapahoe County District Court
concerning the National Tea Company case against the City of
Englewood for the City's failure to issue said firm a 3.2 beer
license . Mr. Criswell stated that the court had ruled that the
needs of the neighborhood were not satisfied b y existing licenses.
The District Court had specifically stated that in issuing a
3.2 beer license the existence of other 3.2 beer license outlets
should be considered and not the existence of other liquor out-
lets. Mr. Criswell stated that the decision had been entered on
August 29, 1969 and that the City of Englewood could appeal it
within 10 days.
COUNCILMAN LAY MOVED, COUNCILMAN BR OWN SECONDED, THAT
THE DECISION BE APPEALED TO THE COLORADO SUPREME COURT. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Lone, Lay, Kreiling , Dhority, Brown,
Schwab.
Nays: Councilman Parkinson.
Absent: None.
The Mayor declared the motion c arried.
* + * * * *
City Manag er Dial presented a memorandum dated August
29, 1969 discussing a proposed encroachment at 3475 South Penn-
sylvania Stree t.
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED,
THAT THE ORIGINAL MOTION CONCERNING THE ENCROACHMENT WHICH STATED,
"THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR
AN ENCROACHMENT AT 3475 SOUTH PENNS YLVANIA STREET BE ACCEPTED,"
BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Ma y or declared the motion carried.
City Manag er Dial reviewed the report with City Council.
Mr. Dial stated that it had been the conclusion of the City
Engineer's office that the proposed retaining wall for which an
encroachment was recommended was the only adequate means in pro-
hibiting further flooding on the north side of the apartment house
located at 3475 South Pennsy lvania.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT
THE ABOVE MOTION BE AMENDED BY ADDING THAT THE MAYOR AND CITY CLERK
BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS AND THAT THE EN-
CROACHMENT BE RECORDED AT THE APPLICANT'S EXPENSE. Upon the call
of the roll , the v ote r e sulted as follows:
Ay e s: Councilmen Park i nson, Lone, Lay, Kreiling,
Dhority, Brown, Sch wab.
Na y s: Non e .
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Absent: None.
The Mayor declared the moti on c arried.
COUNCILMAN LONE MOVE D, COUNCILMAN PARKINSON SECONDED,
THAT THE ENCROACHMENT AGREEMENT BE AMENDED IN ORDER THAT ADEQUATE
PROTECTION BE GIVEN TO PREVENT THE PUBLIC TRIPPING OVER THE
RETAINING WALL.
City Manager Dial stated that by setting the curbi ng
approximately 12 inches back from the existing sidewalk, the
wall would be beneath an existing split rail fence which would
provide the necessary protection.
COUNCILMAN LONE AND COUNCILMAN PARKINSON WITHDREW THEIR
MOTION.
Upon the call of the roll on the original motion as
amended, the vote resulted as foll ow s :
Ayes: councilmen Parkinson, Lone, Lay, Kr eilin g ,
Dhority, Brown , Schwab.
Nays : None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial reminded members of Council of the
National League of Cities convention in San Diego, California,
December 1 to 5, 1969.
* * * * * *
City Manager Dial stated that in the motion appointing
Mr. Bruce M. Heider of Walter E. Heider and Company as auditor for
1969 that an authorization that the Ma yor and City Clerk to exe-
cute the contract document was not included.
COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECES-
SARY CONTRACT DOCUMENTS BETWEEN THE CITY OF ENGLEWOOD AND MR.
BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, THE AUDITOR FOR
1969. Upon the call o f the roll, the vote resulted as follows :
Ayes: Councilmen Parkinson, Lone, Lay, Kreiling,
Dhority, Brown, Schwab.
Nays: None.
Absent: None.
The Mayor declared he motion carried.
* * * * * *
City Manager Dial submitted a letter from Mr. J. K.
Smith of the Denver Re gional Council of Governments requesting
the approval of the appointments of Mrs. James H. Arthur and
Mr. John R. Crowley to the metropolitan wide Transportation
District Board made by Arapahoe County . Attached to the letter
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was a memorandum from Mrs. D . A. Romans, Director of Planning ,
briefly discussing the backgrounds of the two proposed appointee s.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE APPOINTMENT OF MRS. JAMES H . ARTHUR AND MR . JOHN R . CR OWLEY
TO THE METROPOLITAN TRANSPORTATION DISTRICT BOARD BE APPROVED AN D
ACCEPTED . Upon the call of the roll, the vote resulted as follows :
Ayes: Councilmen Parkinson, Lone , Lay, Kreiling,
Dhority, Brown , Schwab.
Nays: None.
Absent: None.
The Ma y or declared th e motion c arried.
* * * * * *
City Manager Dial presented a memorandum dated Augu s t
29 , 1969 from th e Colorado Municipal League concerning the pro p os ed
rate increases and adjustments by Public Service Company . Mr.
Di a l stated that the purpose of the communication was to determine
whether Colorado c ities and towns wished to employ an attorney
through the Colorado Municipal League to represent the cities
a n d towns at the League hearing.
City Council discussed the position the City should
t a ke on the rate increases and a n appearance of the City of
En glewood separate and apart from the Colorado Municipal League .
At the conclusion of the di s c u ssion it was the consensus of
Council that the matter be deferred pending talks with other
communities ¥mo had been served by Colorado Central Power Com-
pany prior to purchase by Public S ervice Company and until staff
research on the question could be submitted.
* * * * * *
Mr. Elden Boh of the Fire Department appeared before
City Council. Mr . Boh stated that he had apprec iated the City
allowing him and other Fire Department members to go to St.
Joseph, Missouri to examine the snorkel fire apparatus. Mr. Boh
also discussed the conversion of sick leave to pay for a retir ing
employee with over 90 d a ys sick leave accumulated.
* * * * * *
Councilman Dhority requested that the City administration
investigate the ways in which Dutch elm disease could be fought
in order that elms within the community could be saved.
* * * * * *
Counc ilman Brown inquired if an offer from the Colorado
Department of Highways for the land upon which the present street
shop was locat e d had been received.
City Manag e r D~al ind icated that as yet no offer had
been rec e ived although he had communicated the City's position
to the Departm e nt of Highways.
* * * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
resulted as follows:
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Ayes: Councilmen Parkinson , Lone, Lay, Kreiling ,
Dh or ity , Brown , Schwab.
Na ys : None .
Absent: None .
Th e Mayor declared the motion carried and the meeting ad journed
at 11:09 P .M.
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AGENDA FOR
REGULAR COUNCIL SESSION
SEPTEMBER 2, 1969
8 :00 P.M. Call to orde r, invocation by Major J. Sexton Johanson of the
Salvati on Army, Englewood Temple Corps, pledge of allegiance
led by Boy Scout Troop No . ~d roll call.
1. Minutes.
v{a) Regular meeting of August 18 , 1969. (Copies trans-
mitted herewith.)
2. Pre-scheduled citizens and visitors.
(a) Recognition of "special guests " of the Council .
3. Public hearing regarding the proposed 1970 Budget.
4. Communications.
/
v(a) Memorandum with attachments from John F. Murphy,
Personnel Director, regarding 1970 employees bene-
fits. (Copies transmitted herewith.)
1/{b) Memorandum with attachments regarding cost esti-
mates for various traffic pattern alternatives.
(Copies transmitted herewith. )
~,(C) Memorandum from Douglas C. Sovern, Fire Chief,
regarding inspection of the aerial apparatus. (Copies
transmitted herewith. )
t/(d) Memorandum from Donnell R. Stanton, Englewood
Police Department Public RelatiOOB Officer, regarding
the Community Police Rel ations Institute. (Copies
transmitted herewith. )
,;{e ) Recap of the May 28, 1969, meeting of the South
Platte Channel Improvement Committee. (Copies
transmitted herewith.)
(f) Minutes of the Parks and Rec reation Commission
meeting of August 1 3, 1969 . (Copies transmitted
herewith.)
(g) Minutes of the Board of Adjustment and Appeals
meeting of August 13, 1969 . (Copies transmitted
herewith.)
I
(h ) Minutes of the Board of Career Service Commissioners
meeting of August 28 , 1969. (Copies transmitted
herewith.)
(1) lemorandum regarding 1970 sala r y and
fringe benefit recommendations.
5 . City Attorney.
(a) Ordinance on final reading renaming South Pecos
street and South Santa Fe Lane to South Winder-
mere street. (Copies previously transmitted .)
(b) Ordinance on final reading ratifying an agreement
for the purchase of the Oliner property. (Copies
previously transmitted.)
(Continued)
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AGENDA FOR REGULAR COUNCIL SESSION
SEPTEMBER 2, 1969
Page 2
5. City Attorney. (Continued)
6.
(c) Ordinance on final reading authorizing payment
for sanitary sewer repairs. (Copies previously
transmitted.)
(d) Ordinance on final reading vacating a portion of
an alley in the vicinity of the Dry Creek Shopping
Center (Block 3). (Copies previously transmitted. )
(e) Ordinance on final reading vacating a portion of
an alley in the v :c inity of the Dry Creek Shopping
Center (Block 4). (Copies previously transmitted.)
(f) Bill for an Ordinance establishing a general
employee pension plan. (Copies transmitted here-
with.)
(g) Resolution referring a Charter amendment to the
electorate in November. (Copies transmitted
herewith.)
(h) Attorney 's c hoice.
City Manager.
v{a ) Report regarding an encroachment request for
3475 South Pennsylvania street. (Copies trans-
mitted herewith.)
v(IS') Reminder of the National League of Cities confer-
ence in December. (Copies transmitted herewith. )
(c) Manager's choice.
7. Recognition of non-schedule d citizens and visitors .
8 . General discussion.
(a) Mayor's choice.
(b) Councilman's choice.
9. Adjournment.
City Manager
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COUNCIL CHAMBERS
OFFI C IA L
CITY COUNCI OOCUMENT
p--....,., T IJ
SEP 7_ '69
COU NCIL M E •. (!.-..!~ FILE
C IT '( OF. ENGLE WOOD, COLQ.
CITY OF ENGLEWOOD, COLORADO
AUGUST 18, 1969
REGULAR MEETING:
The City Council of he City of Englewood, Arapahoe
County, Colorado , met in r egul a r session on August 18, 1969,
at 8:00 P .M.
Mayor Schwab , pres1d1ng, c alled the me eting to order.
The invocation was given b y Mr . Stanley H . Dial , City
Manager. Pl edge of Allegiance wa s l ed b y Bo y S cout Troop No. 333.
The Ma yor asked for roll c all. Upon the call of the
roll, the following were present:
Schwab.
Councilmen Parki nson, Lone, Kreiling, Dhority, Brown,
Absent : Councilman Lay .
The Mayor declared a quorum present.
Also present were : City Manager Dial,
Assistant City Manager Mack ,
Assistant City Attorney Donovan .
* * * * * *
COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED,
THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969 , BE
APPROVED AS READ . Upon the call of the roll , the vote resu lted
as follows:
Ayes: Councilmen Parkinson, Lon e, Kreiling, Dhority ,
Brown, Schwab.
Nays: None.
Absent: Councilman Lay.
The Mayor declared the motion carried .
******
Mayor Schwab recognized Mr. G. E. Stacy, 3900 South
Sherman Stree , from the list of "Speci al Citizen Program
Invitees."
Mr. Stacy stated that the meeting was very impressive
and that he would like to comment on the City's one-way street
patte rn. Mr. Stacy stated that since South Sherman Street has
b ecome one way more traffic is on the street, two accidents have
occurred at the intersection of Mansf ield and Sherman, and problems
have result d with children c osslny the street to attend Maddox
Elementary School and Englewood High School. Mr. Stacy stated
that in order to alleviate these problems the City should con-
sider the e limination of South Sherman Street as one way or the
installation of traffic signals at the intersection of South
Sherm an Street and West Mansf ield Avenue.
into.
Ma y or S chwab stated that this matter would be looked
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A memorandum from the Bqard of Adju stment and Appe als
recommending an encroachment at 3475 South Pennsylvania Street
was r ecei v ed for the rec ord .
COUNCILMAN DHORTTY MOVED , COUNCI LMAN BROWN SE CONDED,
THAT THE RECOMME~DATION OF THE BOARD OF ADJUSTMENT AND APPEALS
FOR AN ENCROACHMENT AT 3475 SOUTH P ENNSYLVANIA STREET BE ACCEPTED.
Disc uss~on ensued .
COUNCILMAN LONE MOVED, CO UNCILMA~ PARKINSON SECONDED ,
THAT THE RECOMMENDATION OF THE BO ARD OF ADJUST MENT AND APPEALS
BE TABLED FOR FURTHER CONSIDERATION . Upon th,e c all of the roll ,
the vot e resulted as follows :
Aye s:
Brown , Schwab.
ounci lm en Parkinson, Lone, Kreil~ng, Dhori y,
Nays: None.
Abs ent: Councilman Lay.
The Ma yor dec la red the mo ion c arr~ed.
The minutes of the Plann~ng a nd Zoning Commission
mee ings of July 22 and Augus t 5, 1969 we re received for the
record.
* * * * * *
The July, 1969 financial report was received for the
record.
* * * *
City Manager D~al presented a map showing the segments
of two a lleys which ar e proposed to be vacated. Mr . Dial stated
th at one proposed vacation r esulted from a recommendation o f the
Planning and Zoning Commission and th e other from a request of
Mr. Charl es Bush, own er of the Dry Creek Shopping Center, to
vacate a 25-foot section of the Log an-Grant alley in the 3500
block.
Assistant C~ty Attorn ey Donovan stated hat ~n regard
to the latter request, Mr. Bush has given the City of Englewood
a perpetual easement mak~ng the proposed v acation effect1ve.
(This ~s a stipul at ~o n ~n the proposed b~ll for an ord1nance
vacat1ng the alley.)
Introduced as a Bill by Councilman Dhority a nd read ~n full.
A BILL FOR
AN ORDINANCE VACATING A CERTAJN PUBLIC AL LEY ACCESS
WAY OR RIGHT OF WAY PRESENTL Y EXISTING WI THIN BLOCK 4 , BIRCII'S
AD DITION TO BROADWAY HEIGHTS, SE OND FILING, CI T\ OF EN LEWOOD ,
STATE OF COLORADO .
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST
READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND
ENTERPRISE . Upon the c all of the roll , the vote resulted s
follows:
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Ayes: Councilmen Parkin son, Lone, Kreiling , Dhor ity ,
Brown, S chwab.
Nays : None .
Absent: counc1lm a n Lay.
The Ma yor declared the mo 1on carried.
Int r oduced as a B "ll b y 0~u~1llli a · Dhority and read 1n full.
A BU.L FOR
AN ORDINAN EVA ATING A ERTA IN PUBLIC ALL EY, AC CESS WA
OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BL OCK 3, BI RCH'S ADD ITION
TO BROADWAY HEIGHTS, SE COND FILING, CITY OF ENGLEWOOD , STATE OF
COL ORADO, AND RETA INING AN EASEMENT FOR UTILI TIES.
COUNCILMAN DHORITY MO VED, COUNCILMAN KREILING SECONDED ,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READIN G
AND ORDERE D PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER-
PRISE. Upon the call of the roll , the vote resulted as follows ~
Ayes: Councilmen Parkinson , Lon e, Kreiling, Dhori ty,
Brown, Schwab .
Nays: None.
Absent: Councilman Lay.
The Mayor dec lared the motion carried .
* * * * *
Introdu ced as a B1ll b y Councilman Lone and read in fu l l.
A BILL FOR
AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT
STREET WITHIN THE CITY OF ENGLEWOOD , COLORADO, PRESENTLY KNOWN AS
"SOUTH PECOS STREET" FROM THE POINT OF ITS INTERSECTION WITH WES T
TUFT S AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS
OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESEN TLY
KNO WN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD , COLORADO ,
FROM ITS INTERSECTION WITH WE ST TUFTS AVENUE TO ITS INTERSECTION
WITH WEST KENYON AVENUE TO "SOUTH WIND ERMERE STREET ", E FFECTIVE
12:01 A.M . ON TilE FIRST DAY OF J ANUARY , 1971 .
COUNCILMAN LONE MOVED , COUNCILMAN BROWN SECONDED , THAT
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND
ORDERED PUBLISHED IN FUL L IN THE ENGLEWOOD HERALD AND ENTERPRISE.
City Manager Dial sta ted tha t he h ad p revi ously been
asked to i n form Ar a pahoe County and the City of Sherida n o f the
City 's intent to rename South Pecos Street and South Sant a Fe
Lane to South Windermere Street. Mr. Di al st a ted that he h ad
received approval from both entil1es and read a letter from Mrs.
Hutcheson, City Clerk fur the C1ty of Sher1dan, stat1ng such .
Upon the call of the roll , the vote resulted a s follows:
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority,
Brown, Schwab.
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Nays: None.
Absent: Councilman Lay.
The Mayor declared the motion carried .
* * * * *
RESOLUTION NO. 28, SERIES OF 1969
RESOLUTION APPROVING A MAS TE R PLAN FOR THE CITY OF
ENGLEWOOD, COLORADO ENTITLED "TH E COMPREHENSIVE PLAN FOR ENGLEWOOD ,
COLORADO, 1969."
(Copied in full in the off1cial Re solution Book.)
COUNCIL MAN PAR KINSON MOVED , COUNCILMAN LONE S ECOND ED.
THAT RESOLUTI ON NO . 2 8 , SERIES OF 1969 BE ADOPTED AND APPRO VED.
Di s c ussion ensued .
Upon the c all of the roll , the vo te resulted as follow s :
Aye s : Councilmen Parkin son , Lone, Kreiling , Dho rity,
Brown, Schwab.
Nays: Non e.
Absent: Councilman Lay.
The Ma y or d ec lared the mo tion carried .
* * * * * *
Ass ist ant City Attorney Donovan reported on the lltl-
gation o f Mr. Robert E. Moo dy , 2352 Wes t Harvard, for h1s failure
to c omply with the Englewood Housing Code. Mr. Donov an stated
that at the court hearing on the contempt cit ation he cou ld no t
fully advise the court of the situation as the building inspectors
were not allowed on the property. Mr. Donovan s t ated that the
court ordered Mr . Mood y to let the buildi ng inspectors i nspect
his property and that he was waiting for a written repo rt from
the Building Department in order to give the cour t the exact
status of Mr . Moody 's c ompliance w1th the Code.
* * * * *
Assistant C1ty Attorney Do n ovan reported on the l1t1-
g a t1on of Mr. Ol iver S . K1ngsley , 2350 South Tejon. Mr. Do novan
stated that three s u 1ts were pending against Mr . Kinsl ey. The
first one concerns the c leaning up of his property . Mr. Donovan
stated that the court h as given Mr. K1ngsley a stay of execution
(90 d a ys ) 1n which to c lean up h1s property at h1s own e xpense
and that if an y disagreement should occur between the City and
Mr . K1ngsley as to what 1tems constitute junk , both part ies should
resolve the discrepa ncy themselves. If un able to do s o, the
matter should be given to the court for specific determin a tion.
Ass1stant City Attorney Donovan s ated that a ques ion
had been ra1sed regarding whether o not he City would i ncur
any liability as a result of the 90 days given Mr. Kingsley since
a) Winslow Construction Comp an y had moved in equipment to clean
up the property a few days before the stay of execution and , con-
sequently, moved it out and b) because of the contract the City
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had entered i nto with Mr. Winslow. Mr. Donovan stated that he had
been advised b y Mr. Winslow that if the original contract and the
bond whic h had b e en posted were returned to him, he would call the
entire ma t t er as b e ing null and void at no expense to the City
or Mr. Kingsley .
Discu s sion e nsued.
Assist a n CLty Atto r ney Donovan briefly discussed two
other Ki ngsl ey ma tters wh~ch includ e t he F e deral court c as e l i t i -
g a tion a n d t h e subdivi sion litigat ion i n wh ich the court stated
tha t t h e City cou l d no t re st ric t t h e f ree conveyance of property .
* * * * * *
City Manage r Dial formally presented the City Manager 's
Rec omm e n ded 1970 Budget to the Council.
COUNCILMAN PARKINSON MOVED , COUNCILMAN KREILING SECONDED,
THAT THE CITY MANAGER'S RECOMMENDED 1970 BUDGET BE ACCEPTED AND
RECEIVED FOR THE RECORD AND THAT A PUBLIC HEARING ON THE PROPOSED
BUDGET BE ESTABLISHED ON SEPTEMBER 2, 1969 AT 8:00 P.M. AT CITY
HALL.
Ci t y Manager Dial stated that copies of the proposed
budget are on file with the official records.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority,
Brown, Schwab.
Na y s: Non e .
Abse nt: Counc i lman Lay.
The Mayor declared the motion carried .
* * * * * *
City Manager Dial gave a brief report on the status of
the Department of Finance's accounting machines. Mr. Dial stated
that bids were previously received on a lease arrangement for
an account ing machine and that award of the contract went to the
Burroughs Corporation. However, b e cau se of thier failure to
deliver the machine in the time specified, the contract was
c anc e l l e d. Mr . D ~al s t a ted t h a t di s cus sions with the National
Cash Reg1ster Company were c ommen c ed shortly after cancellation
and that the Ci t y has been able o obtain an accounting machine
from that firm on a straigh t-lease basis. The lease payments
are comparable to the origi nal b i d. Mr. •Dial also stated that
intensive research regarding th e feasibility of a combined data
processing center with other area c ommunities was being under-
take n by D1rec tor of Financ e Ly on.
Ci t y Manager DLal r~q u csLed authori zati on f or an ou t -
of -sta te trip for Fire Chie f Sover n and three men to inspect an
aerial platform truck from Au gust 19 to August 21, 1969. Mr.
i al stated t h at the c ost o f the trip would not exceed $200.
COUN C ILMAN PARKINSON MOVED , COUNCILMAN LONE SECONDED,
AN OUT-OF-STATE TRI P BY FIRE CHIEF SOVERN AND THREE MEN TO
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had entered into with Mr. W~nslow. Mr. Donovan stated that he had
been adv ised b y Mr . Winslow that if the ori ginal contract and the
bond which had b een posted were return ed to him, he would call the
entire matter as being null and voi d at no expense to the City
or Mr. Kingsley.
Disc uss ion e nsued.
Ass ist ant City Attorney Donovan briefly discussed two
other Kingsley matters which include he Federal court c as e l~ti
g a tion and the subdivision litigation in which the court sta ed
that the City could not res t rict the free conveyance of property.
* *
City Manager Dial formally presented the City Manager's
Recommended 19 70 Budget to the Council .
COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED,
THA T THE CITY MANAGE R'S RECOMMENDED 1 970 BUDGET BE ACCEPTED AND
RECEIVED FOR THE RECORD AND THAT A PUBLIC HEARING ON THE PROPOSED
BUDGET BE ESTABLISHED ON SEPTEMBER 2, 1969 AT 8:00 P.M. AT CITY
HALL.
city Manager Dial stated that c opies of the proposed
budget ar e on file with the offici al records.
Upon the call of the roll, the vote resulted as follows:
Ayes: councilmen Parkinson, Lone, Kreiling, Dhor ity,
Brown, Schwab.
Nays: None.
Absent: councilman L a y.
The Ma yor declared the motion carried.
* * * * * *
City Manager Dial gave a brief report on the status of
the Department of Finance's accounting machines. Mr. Dial stated
that bids were previously received on a lease arrangement for
an account i n g ma chine and that award of the contract went to the
Burroughs corporation. However, because of thier failure to
deliver the machine in the time specified, the contract was
c ancell ed. Mr . D ~al s tated that discussions with the National
cash Regist er company we re commenced shortly afte r c ance llation
and that the City has been a ble to obtain an accoun ting machine
from that firm on a stra ight-lease basis. The leas e payments
are comparable t o the original b id . Mr. Dial also stated th at
intensive research regarding the feasibility of a combined data
processing ce nt er with other area c ommunities was being under -
taken b y D~rector of Finance Lyon.
City Manag r O~al requ esled author~zat~on or an out-
of-state trip for Fire Chief Severn and three men to inspect an
aer i al platform truck from August 19 to August 21, 1969. Mr.
Dial stated that the c ost of the trip would not exceed $200 .
COUNCILMAN PARKINSON MOVED , COUNCILMAN LONE SECONDED,
THAT AN OUT-OF-STATE TRIP BY FIRE CHIEF SOVERN AND THREE MEN TO
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INSPEC T AN AERIAL PLATFORM TRUCK FROM AUGUST 19 TO AUGUST 21, 1969
AT AN EXPENDITURE NOT TO EXCEED $200 BE APPROVE D. Upon the call
of the roll, the vote resulted as follow s :
Aye s: Councilmen Pa rkinson , Lone, Kreiling, Dhority ,
Brown, Schwab.
Nays ~ None.
Ab sent: councilman Lay .
The Mayor declared he mot~on carried.
A summary of the proposed City of Englewood pension
plan was received for the record.
* * * * *
City Manager Di al reported that Mr. Douglas Porter from
the Departme nt of Housing and Urban Deve lopment visited the City
last week and reviewed the City's parks and dis cussed the Western
Slope De v e lopme n Project with D~rector of Utilities Carroll.
City Man aqer Di al stated that he discuss ed with Mr.
Porter th e Open Space Second Amendatory Contract and a letter he
had received from Mr. Travis Wm. Miller of the Department of
Housing and Urban Development which stated that hecause Open Space
funds were limited, the City's Open-Space Grant could not be
increased to it s original appraisal. Mr. Di al also s t ated that
he discussed with Mr. Porter the a cquisition of park land from
another governmental agency and re a d excerpts from his lett er to
Mr. Mi ller dated August 15, 1969 pertaining to same.
* * * * * *
City Man a ger Di al reported o n the seal coating of
Englewood streets by Arapahoe County.
* * * * * *
Ci ty Manager Dial stat e d th at he had been asked to
attend the meeting of the We s te rn Conference of the Council
of State Governments , S eptember 8, 9, and possibly 10, wh ich
will b e composed of 13 western state s .
* * "
Ci y Manager Di al reminded members of Council of he
National League of C~ties' con fere n ce wh ich will be held in
San Di ego , California, December 1 to 4, 196 9.
C~ty Manager Dial gave a brief report on the condition
of the M~ller property, 4089 South Acoma. Mr . Di al stated that
no ~ce was given to Mrs . Mi ller on Aug us t 11, 1969 calling for
the removal of the l1t er from her property on Acoma within 30
days and that Acting Ch~ef Build~ng Inspector Hamilton reiterated
to her personally the 1ntent of the notice.
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Councilman Lone requested that a resolution or the
necessary papers b e prepared for Council's consideration at the
next city Council meeting in order that an amendment to the
City Charter could b e placed on the November 4, 1969 General
Municipal Election ballot regarding the removal of the "taxpayer
only" qualification for voting in general obligation bond elections
as recommended by Mr. Bill Lamm of Willson and Lamm, bond counsel
for the special storm sewer bond election .
* *
Co un cilman Kre i ling stat ed tha he and Councilman
Dhor ity had selected Mr. Bruce M. Heider of Walter E. Heider
and Company, 300 East Hampden Avenue, as the aud itor for the
coming year.
MAYOR SCHWAB MOVED , COUNCILMAN KREILING SECONDED , THAT
MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, 300 EAST
HAMPDEN AVENUE, BE APPOINTED AS AUDITOR FOR 1970. Upon the call
of the roll, the vote resulted as follows:
Ayes: councilmen Parki nson, Lone, Kreiling , Dhority,
Brown, Schwab .
Nays: None.
Absent: Councilman Lay .
The Mayor declared the motion carried .
* * * * * *
Councilman Brown inquired as to whether or not the
Citizens Committee on Englewood's storm sewer drainage problems
could start moving ahead with plans for a special storm sewer
bond election.
Councilman Lone stated that by adopting a ~esolution
as mentioned, this should give the citizens an indic a ~io n of
Coun cil's intent to go ahead with the bond election .
*****'*
councilman Brown inquired if any applications had been
received for the City Attorney's position.
Mayor Schwab stated tha one appl~cation had been
rece~ved.
Mayor Schwab remi nded members of Council of he
Englewood Employees ' Annual Picnic on Thursday, Augus 28, 1969
at 4:30 P.M. at Englewood-Belleview Park.
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
THE MEETING BE ADJOU RNED . Upon the c a ll of the roll, the vote
resulted as fol lows :
Ayes: councilmen Parkinson, Lone, Kreiling , Dhority,
Brown, Schwab.
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Nays: None.
Absent: councilman Lay.
The Mayor declared the motion carried and the meeting adjourned
at 10:06 P .M.
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OFFICIAL
CITY C OUNCIL DOCUMENT r ,,..,,. ,.'"'
SFP ? 'n9
COU NCIL I" _, it-IG F I LE
Cl:J-'i Of': ENGL EWOOD, C OLO.
"SPECIAL CITIZEN PRCXiRAM INVITEES" -September 2, 1969
Precinct No . l -Mr. and Mr s. RichardS. Thompson, 2071 West Iliff Avenue
Precinct No. 2 -Mr. and Mr s. Joe T. Chinery, 2 941 South Banno ck Street
Precinct No. 3-Mr . and Mr s. Peter Kl ismet , 2835 South Sherman Street
Precinct No. 4 -Mr. and Mr~. M. A. Hitchcock, 3540 South Galapago Street
Precinct No. 5 -Mr. and Mrs. J ohn P. Sch ubarg, 3166 South washington Street
Precinct No. 6 -Mr. and Mrs. Ronald G. Regas, 3210 South Emerson Street
Preci n ct No. 7 -Mr. and Mrs. W. L. Klingler, 3130 South Lafayette Street
Precinct No. 8 -Mr. and Mrs. Dewey M. Smith, 2106 East Dartmouth Avenue
Precinct No . 9 -Mr. and Mr s . Ray R . Rausch, 3851 South Delaware Street
Preci n ct No. 10 -Mr. and Mrs. Ron LaPoint , 3935 South Clarkson Street
Prec i nct No. 11 -Mr . and Mr s. Fred Martin , 4388 South Cherokee Street
Pr~ct No. 12 -Mr. and Mrs . Kenneth G. Ferguson, 4178 South Fox Street
~e cinct No . 13 -Mr. Robert A. Hewitt , 4510 South Grant Street
Precinct No . 14 -Mr . and Mrs . Eugene Creel, 4 26 South Lincoln Street
~net No. 15 -Mr. and Mr~. John F. Pool~ ~:! 49 South Kalamath Street
Precinct No. 16 -Mr . and Mr s. Chris D. Chabas, 2921 We st Saratoga Avenue
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ENGLEWOOD , COLORADO
f)
B .O 11 0
O"fCI O'
CAifll SIIYICI
3400 sourH UA" natrr
PMONI 7.1 .. 1 140
TY
·Members of City Council
Career Service Board
City of Englewood
Englewood, Colorado
Gentlemen:
L
COLO.
August 14, 1969
Attached are "Letters of Understanding" signed by
representatives of the Firetlghtera Aaaociation, the ~olioe Aeaociation and the Employees Association, and
each association haa advised their people. All Aaao ~i
ations have agreed to the benetite Mnd the conditione
of theee "Lettere of Underetanding". All thr~e City
officials also concur by their eignatures that they
are in agreement with the conditione and benefits of
theee programa.
A brief outline and breakdown ot the coat ot theae
various it~a are approximately aa follows:
$44,014 -Fire Deparanent pay increases
5,000 -Cleaning allowance tor Police Department
43,550 -Health insurance, General Pund
16,450 -Health i~aurance, Utility Fund
4 3,550-Pension program, General Fund
16 ,4 50 -Peneion program, Utility Fund
$169,014 -Total
Mr . Dia l , Mr . Criawell and myself recommend to the City
Co unci l and the Career Service Board favorable considera-
t i on o f all the se items.
Respectfully subm i tte d ,
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1 ~ ~·T H E C AINATIOH CI TY "
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August 11, 1969
LETTER OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE ENGLEWOOD FIREFIGHTERS ASSOCIATION
AND CITY OFFICIALS .
The following is a letter of understanding that has been concluded
through mutual discussions between m~bers or the Englewood Fire-
Fighters Association and City ofricials.
It is agreed that the City will pay the single rate for health
insurance comparable to Blue Cross-Blue Shield's Comprehensive
and Preferred 90 plan.
It ia agreed that the pay scale for the Fire Department will be
as follows:
0-12 months
13 -24 months
25-36 months
37 or more
Lieutenant
Captain
$543 628
693
727
842
884
We cannot assure any conversion of sick leave, but will recommend
that the "limit" on sick leave be extended during 1970.
It is agreed that the above benefits will go into effect on
January 1, 1970 and that this will constitute the total wages and
fringe benefits for the calendar year of 1970. However, it is
agreed that discussion on a wage and fringe benefit program may
commence at any time deemed necessary by the Firefighters Associa-
tion or the City Administration with the understanding that any
such wage and fringe benefit program agreed upon would not go into
effect unti l 197 1.
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August 11, 1969
LETTER OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE ENGLEWOOD POLICE ASSOCIATION AND
CITY OFFICIALS
The following is a letter of understanding that has been concluded
through mutual discussions betweem members of the Englewood
Police Aesociation and City officials.
It is agreed that the City will pay the single rate for health
insurance comparable to Blue Cross-Blue Shield's Comprehensive
and Preferred 90 plan.
It is agreed that the City will provide for the cleaning of six
(6) winter uniforms per month during the winter season and for
the cleaning of ten (10) summer uniforms per modth for the summer
months. The period for wearing each will be aa required by the
Chief of Police.
We cannot assure any conversion of sick leave, but will recommend
that the "limit" on sick leave be ext~ded during 1970.
It is agreed that the above benefits will go into effect on
January 1, 1970 and that this will constitute the total wages and
fringe benefits for the calendar year of 1970. However, it is
agreed that discussion on a wage and fringe benefit program may
commence at any time deemed necessary by the Po lice Aasociation
or the City Administration with the understanding that any such
wage and fr i nge benefit program agreed upon would not go into
e ff ect until 1 97 1.
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BOARD OF COUNCIL
OFFICERS Bill Todd
Harry Musser
Roland Wingo
Ray Printz
Ed Reed August 28, 1969
Pres. Ed White
V. Pres. Andy Binard
Treu. Edith Romana
Sec'y Esther Woodhead
Mr. John F. Murphy
Director, Career Service
City of Englewood
Englewood, Colorado
Dear Sir:
The attached letter of understanding dated August 8,
1969, was presented at the regular meeting of the
Municipal Employees Association on August 21, 1969,
and was thoroughly discussed. The letter was approved
except that the Association members feel that it should
be made clear that those who have reached the limit on
their sick leave will have their limit extended in 1970
by the amount of sick leave earned during the year of 1970.
There was some dissatisfaction with the fact that there
was no provision for time and one-half for overtime nor
for possible cost of living salary increases.
Salary increases and further fringe benefits will be
discussed at a later date.
Sincerely,
Esther M. Woodhead
Sec'y, Municipal Employees Association
CC: Mr. Stanley H. Dial
Mr. John Criswell
Att. Ltr of Understandinv Dated AQ9. 8, 1969 I • •
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August 8, 1969
LETTER OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE ENGLEWOOD MUNICIPAL EMPLOYEES'
ASSOCIATION AND CITY OFFICIALS
The following is a letter of understanding that has been concluded
through mutual discussions between members of the Employees'
Association and City officials.
It is agreed that the City will pay the single rate for health
insurance comparable to Blue Cross-Blue Shield's Comprehensive
and Preferred 90 plan.
It is agreed the City will set up a pension program by ordinance
designating a penRion committee and the rules the pension
committee will operate under. This has been agreed to by your
present representatives and the Pension Committee which has been
working toward this goal for the past several months. Basically
this pension program consists of a 5~ City contribution and a
matching J% employee contribution. This is in supplement to the
social security benefits.
We cannot assure any conversion of sick leave, but will recommend
that the "limit" on sick leave be extended during 1970.
It is agreed that the above benefits will go into e1'fect on
January 1, 1970 and that this will constitute the total wages and
fringe benefits for the calendar year of 1970. However, it is
agreed that discussion on a wage and fringe benefit program may
commence at any time deemed necessary by the Employees' Association
or the City Administration with the understanding that any such
wage and fringe benefit program agreed upon would not go into
effe c t until 1971.
~lf;:D~ ~)
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TO: City Council
FROM: Career Service Board
SUBJECT: 1970 Salary and Fri nge Bene£it Recommendations
DATE: August 2 9 , 1969
I n c ompliance with t h e Muni c ipal Co d e , Section 6-13 wh ch states
tha t the Career Service Board shall recommend £or approval by
Council, a pay plan £or the next £1scal year, the Career Service
Board recommends to City Council the adoption or the recommenda-
tion as outlined in the "Letters of' Understanding" between
City o ££icials and representatives of the Employees' Association,
the Fire£ighters 1 Association, and the Police Associatjon.
However, the Board strongly recommends that the pay increases
granted according to years o£ servi ce for the Fire Department
as outlined in the "Letter of' Understanding", not be automatic,
but be treated as a merit increase recommended by the Fire
Chie£, as is the present practice.
In addition to the recommendations contained in the "Letters
of Understanding", we feel that according to the research that
has been made, a provision £or conver s ion of sick leave is
warranted. We recommend that upon retirement, one half day 1 s
p a y be exchanged for every si c k day accumulated over 90 days.
Re spec tfull y submi tted :
H. R. BRA UN
SEP 2 J969
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~ /) ~ .. ". g ~ J~o~ ~~~, ~ 0 F F I C ~~~u tAEN"I'
oUNCI L CITY c R£TU<11~ ,.,.,
RESOLUTION ACCEPTING AND APPROVING RECOMMENDATIONS FOR g
1970 CITY EMPLOYEE SALARIES AND RELATED BENEF'5($ ? 'b
Tl G FILE
E NCIL MEC ooD. coLO ·
WHEREAS, the City Council of the City of Englewood ha~ :at<lb~w
City Manager, City Attorney a nd Personnel 'n to dis-
cuss employee wage and related benefit matters with repre-
sentatives of City employee groups and to conclude such dis-
cussions with recommendations to the City Council; and,
WHEREAS, the aforementioned City officials have discussed such matters
with employee representatives on several occasions during
the last six months; and,
WHEREAS, the conclusions of these aforementioned discussions have re-
sulted in three "Letters of Understanding" between the afore-
mentioned City officials and representatives of the Englewood
Police Association, the Englewood Fire Fighters Association,
and the Englewood Municipal Employees' Association; and,
WHEREAS, the Board of Career Service Commissioners of the City of
Englewood has reviewed the aforementioned "Letters of Under-
standing" and have recommended the adoption of the same, sub-
ject to certain modifications; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Englewood does hereby approve and accept the joint recommendations of the
aforementioned City officials and employees, as incorporated in the "Letters /
of Understanding" hereinabove referred to; d111 • Ill•! eppsr s J'l ,r t::;' _.,
t .. t Ill idtRI&tJOS sf tl I Jiill..-11 af Q £ V 'u 91 iOSisU£5 to pay ~
hail rltiP'-81••hJ666 .. d' Mrls pq ' 111 .. 1115 f sisl: lu 1 au• taw
i:rt1ll ks eaeh ,hg r · tg JUJu, and does hereby announce its intent to
implement such recommendations in such resolutions and ordinances as may be
necessary to effectuate the same effective January 1, 1970.
ATTEST:
I, Stephen A. Lyon, Ci t y Clerk-Treasurer of the City of Englewood, do
hereby certify that the above a nd foregoing is a true, accurate and com-
plete copy of a resolution passed by th e City Council of the City of Engle-
wood at a regular meeting held on September 2, 1969.
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CITY CO UNCIL DOCUMENT r •. 1 ., ,0
COU CIL r.~--' ,,,G FI L E
CITY OF ENGLEWOOD, COLO.
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RESOLUTION ACC EPTING AND APPROVING RECOMMENDATIONS FOR
1970 CITY EMPLOYEE SALARIES AND RELATED BENEFITS
WHEREAS, the City Council of the City of Englewood has authorized the
Ci t y Manager, City Attorney and Personnel Director to dis-
c us s employee wage and related benefit matters with repre-
sentatives of City employee groups and to conclude such dis-
cu ssions with recommendations to the City Council; and,
WHEREAS, the aforementioned City officials have discussed such matters
wi th em ployee representatives on several occasions during
the last six m onth s; a nd,
WHEREAS, the c onclusions of these aforementioned discussions have re-
sulted in three "Letters of Understanding" between the afore-
mentioned City officials and representatives of the Englewood
Police Association, the Englewood Fire Fighters Association,
and the Englewood Municipal Employees' Association; and,
WHEREAS, the Board of Career Service Commissioners of the City of
Englewood has reviewed the aforementioned "Letters of Under-
standing" and have recommended the a doption of the same, sub-
ject to certain modifications; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Englewood does hereby approve and accept the joint recommendations of the
aforementioned City officials and employees, as incorporated in the "Letters
of Understanding" hereinabove referred to; does hereby approve and accept
the recommendation of the Board of Career Service Commissioners to pay
to all retiring employees one-half day's pay for each day of sick leave accumu-
lated by such employee over ninety days; and does hereby announce its intent to
implement such recommendations in such resolutions and ordinances as may be
necessary to effectuate the same effective January 1, 1970.
Mayor
ATTEST:
City Clerk-Treasurer
I, stephen A. Lyon, City Clerk-Treasurer of the City of En glewood, do
hereby certify that the above and foregoing is a true, accurat e and c om-
plete copy of a resolution passed by the City Council of the City of Engle-
wood at a regul ar meeting held on September 2, 1969.
City Clerk-Treasurer
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INTII.QFFICE
MIMOilANDUM
Stanley H. Dial DATI : August 28 , 1969
Kells Waggoner
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c~ c
ONE-WAY STREETS
I aa attaching hereto the requested cost analysis of some one-
way street considerations. Those to be considered were :
Bannock north -Cherokee south
froa Yale to Chenango
Bannock south -Cherokee north
froa Yale to Chenango
Floyd west from Downing to Bannock
Girard east froa Logan to Downing
B'apden two-way froa Logan to Bannock
Tbe report is baaed on the ainiaua aaount of work to be
accoaplisbed with an indication of soae future sienal considerations.
By ainiaua aaount of work J would refer you to the attached
layouts aDd tbe red cbaniea thereon which do not contemplate
cbaaeiae any aast arm. but only to reverse the signal beads,
etc., altboucb these are not tbe desireable installations tbey
would probably suffice.
There would be s~e adjustaeats to be made in the signal tiaing
but tbeee could be worked out in the field .
Sincerely,
J:ells Waeeoaer
Director of Public Works
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MIMOUNDUM
DATI: August 19 , 1969
BOM : Jia Hamaond, Traffic Engineer
COST ESTIMATES AND ANALYSIS OF VARIOUS CHANGES AND/OR ADDITIONS
SU&IICT : TO PRESENT TRAFFIC SYSTEM
I. Cherokee Street one-way northbound (Chenango to Yale)
1. Layton Avenue pole/sign $136.60
labor 20 .00
To ta 1 ........... $,.1511ar"'."ll8"'0
2. Union Avenue pole/sign $ 38 .96
labor 5 .00
Total • . . . . . . .... $-4~"~3r."'l'lgr~ra
3. Tufte Avenue pole/sign $ 38.96
labor 5.00
Total . . . . ....... $-4~"~3r."''lgr~ru
4. Stanford Avenue pole/sign $ 66.52
1a bor 6. oo._.,.,...._
Total. ....••.. S 72.52
5. Radcliff Avenue · ' pole/sign $ 38.96
labor 5.00
Total ........... $~41"13r-."''IU8111
6. Quincy Avenue pole/sign $188.42
labor 16.01
Total .......•• •i•M--.,4•3
7. Priacetoa Avenue pole/aign $ IO.It
labor 5.00
Total ........... t,....,isr.""~~IAI•
8. Oxford Avenue pole/aign $173.02
labor 16.00
Total ...•..... •t~Ia•un.02~
9 . Raaaau Aveaue pole/aiaa $ 60 .96 .
labor 6.00
Total ............ ,....,iir.,g•a
10. ..uUeld Aveaue pole/aiga $ 88.52 ·
labor 10.00
Total ........... t,...,.t•er-... 5""2
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11 . Lehigh Avenue pol e /sign $ 3 8 .96
labor 5.oo __ ,_ __ ~
Tota l ......... $ 43 .96
12 . Kenyon Avenue pole /sign $168 .62
labor 1 6 .00~_,--w-
Total ......... $184 .62
13. Jefferson Avenue pole /sign $ 38 .96
labor 5 . oo_._.. ........
Total. ........ $ 43 .96
14 . Ithaca Avenue pole/sign $ 28.97
1a bor 6 . oo_orr-__
Total ......... $ 34 .97
15. u.s. 285 pole/sign $ 69 .71
labor 15 .00
signal loop
material 50 .00
signal tools /
labor 160 .00.~~--~
Total. ........ $294. 71
16. Cherokee Circle pole/sign $ 59 .64
labor 6 . oo _____ ,...
Total. ........ $ 65.64
17. Girard Avenue pole/sign $141.34
labor 16.00
To ta 1 . . . . . . . . ... $,..15""7...-..... 31'74
18. Floyd Avenue pole/sign $126.10
1a bor 20 . oo._..,...., ..........
Total ......... $146.10
19. Ellstaan Avenue pole/sign $ 71.16
labor 10.00
total .. , ...... 81 ........ 1 ..... 6
20 . Dartaouth Avenue pole/sign $142 .86
labor 20 .00
Total ........... $,.1'1!!"62..-.. 81'1!6
21. Cornell Avenue pole/sign $ 38 .96
labor 6 . oo_.,..........._
Total. ........ $ 44.96
22. Bates Avenue pole/sign $ 38.96
labor 6 .00
23 . Allherst Avenue
To tal ~$~4~4~.·g-6
pole/sign $ 38.96
1a bor 6 . oo._.. ....... ~ ..
Total ......... $ 44 .96
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24 . Yale Avenu e pole /sign $124 .70
labor 20 .00,.....~--
Total ......... $144 .70
I tems 1-24 subtotal ........................ $2 ,480 .78
25 . Pain t 64 gallons @ $2 ..................... $128 .00
26 . Bol t , nu ts , and banding material .......... $ 25 .00
Subtotal sign , pole , material , pain t & labor .......... $2 ,633.78
27 . Near future signalization:
a . Cherokee & Quincy (semi-actuated) $4 ,500 .00
b. Cherokee & Oxford (semi-actuated) $4 ,500 .00
c . Cherokee & Floyd (fixed-time) $3 ,850 .00
d . Cherokee & Dartmouth (fixed-time) $3 ,850 .00
subtotal ...... 0 0 •••• $16 ,7oo .o0
Subtotal for signing & signals ....................... $19 .333.78
28 . Smooth out drainage crosspans at following i nterse c t i on s
on Cherokee Street :
a . north leg at Stanford Avenue $ 30 .00
b . north leg at Radcliff Avenue $ 30 .00
Total ................ ~s--~6~o~.~o~ar
TOTAL FOB CHEROKEE (NORTHBOUND) ................. $19,393 .78
II . Bannock Street one-way southbound (Yale to Chenango).
l. Yale Avenue pole/sign $ 48 .24
labor 6 .00
Total ......... $ 54 .24
2 . Amherst Avenue pol e /s ign $ 3 8 .96
labor 5 .00
Total. ........ $ 43 .96
3 . Bate• Avenue pole/sign $ 23 .36
hbor 3 .00
Total ......... $ 26 .36
4 . Cornell Avenue polef sign $ 38 .96
labor 5 .00
Total ......... $ 43 .96
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5 . Da r tmot1th Avenue pole/sign $ 3 8 .34
labor 6 .00
T o t a 1. ........ $ 44.34
6 . Quincy Avenu e pole /sig n $ 66 .52
labor 10 .00
Tota l ......... $ 76 .52
7 . Radcliff Avenue pole /sign $ 38 .96
labor 5 .00
Total. ........ $ 43 .96
8. Sta.nford Avenue pole/sign $ 38 .96
labor 5 .00
Total ......... $ 43 .96
9 . Tufts Avenue pole/sign $ 71.16
labor 12 .00
Total. ........ $ 83 .16
10. Union Avenue pole/sign $ 38 .96
labor 5.00
Total ......... $ 43 .96
11 . Layton Avenue pol e /sign $ 86 .28
labor 12.00
Total ......... $ 98 .28
12 . Chenango Avenue pole/sign $205.88
labor 30 .00
Total ......... $235 .88
Items 1-12 subtotal .......................... $ 838 . 58
13 . Paint , 26 gal . @ $2 ....................... $ 52 .00
14 . Bolts , nuts , and banding material ......... $ 10 .00.~----~-
Total. ............... $ 62 .00
subtotal sign , pole , material , paint & labor $ 9oo.ss
15 . Near f uture s ignalization:
a . Ox ford & Bannock (semi-actuat e d) $4 ,500 .00
b . Quincy • Bannock (sem i-a c tuat e d $4 ,500 .00
Total ................ ..o$w9"""', o,...,o'"o.-..... o""o
TOTAL FOR BANNOCK (SOUTHBOUND) ................... $9 ,900 .58 I . •
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Ill . Composite cost estimate for Cherokee Street one-way north-
bound and Bannock Street one-way southbound between Yale
Avenue and Chenango Avenue :
A . Signs , poles , miscellaneous material , and labor :
Cherokee Street
Bannock Street
B . Street marking paint :
Cherokee Str e et
Bannock Street
$2 ,505.78
848 . 58 ........ -..-~ ........
Tota 1. ........ $3 ,354 .36
$ 128 .00
52 . oo----. ........ ~,.,...-
Total ........ $ 180 .00
C Recommended Signalization :
Cherokee Street
Bannock Street
$16 ,700.00
9 ,000 .00.~~~~--
Total ........ $25 ,700.00
D . Reconstruct drainage crosspans :
West Stanford Avenue
West Radcliff Avenue
$ 30 .00
$ 30 . oo....--___,...,....~
Total ......... $ 60 .00
GRAND TOTAL ........................... $29,294 .36
IV. Composite cost estimate for the opposite directional flow
of III would be approximately the same with the addition
of three items as follows :
A . Installation of additional signal loop detection on
South leg of Bannock at US 285 -labor and materials
$230 .
B . Relocation of parking restriction signs on Bannock
between US 285 and Oxford Avenue -labor $150 .
C . Revis e and reset signal heads -$400 .
Additional sig nal detection
Sig n r e location (B)
Signal revision (C)
l ess s i g nal detection (see
Sig ns , pol e s , tc .
Paint
Re construct drainage
Re commended 1gnals
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(A) $ 230 .00
$ 450 .00
$ 400 .00
I-15) - $ 210 .00
s ubtotal ............... $·--~s~7~o-.~o~o
$ 3 ,354 .36
$ 180 .00
$ 60 .00.-~...,.... ........
s ubtotal ............... $ 3 ,594 .36
$2 5 , 1 o o . o o.'"""--..-'trT"~
TOTAL .................. $30 .164 .36
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V . Floyd Avenue one-way westbound (Down i ng to B~nnock).
1. Down i ng Street pole/sign $ 66 .80
labor 6.00~~~-
Tota l ......... $ 72 .80
2. Corona S t r e et pole/sign $ 38 .96
labor 5 .00~~---
Total. ........ $ 43 .96
3. Ogden Street pole /sign $ 46.76
labor 6 .00.~~~-
Total ......... $ 52 .76
4 . Emerson Street poleisign $ 68.76
labor 10 .00,_~~~
Total. ........ $ 78.76
5. Clarkson Street pole/sign $112 .66
labor 20. oo ...... _. ......
Total ......... $132 .66
6 . Washington Street pole/sign $ 78 .80
labor 10.00 . ._-_........,.
Total. ........ $ 88 .80
7 . Pearl Street pole/sign $ 68.76
labor 6.00·.-~-.w
Total ......... $ 74.76
8. Pennsylvania Street pole/sign $ 38.96
labor 6. oo_..._._
Total ......... $ 44.96
9. Logan Street pole/sign $ 80 .26
labor 15 .00
To tal ........... s-gsr.-.2m6
10 . Grant Street pole/sign $ 73 .29
labor 20.00.~~~~
Total ......... $ 93 .29
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11. Sh e rman Street pole /sign $ 33 .54
labor 6 .00
Tot a l . . . . . . . . .... $--.r,3 grr_-=s~4
12. Lincoln Street pole/sign $ 54 .52
labor 6 .00
Tot a 1 . . . . . . . . .... $--z!'06o~r.O!s~2
13 . Broadway pole/sign $101.22
labor 15.00
Tot a l . . . . . . . . .... $..,..1.,...16~.~21'1f2
14 . Acoma Street pole/sign $128.96
labor 15 .00
To t a l. . . . . . . . ,,$..,..17'4 Jor-1". grzo6
15. Bannock Street pole/sign $ 72.02
labor 10 .00
Tot a l . . . . . . . . . ,$,...,.,8 2rr-r. 0""2
Items l-15 sub-total ....................... $1 ,220 .27
16 . Paint 1 20 gal.@ $2/g al ................. :.$ 40 .00
17 . Bolts , nuts , and banding material ......... $ 10 .00
18. Reconstruct drainage crosspan at
Corona Street ... , ......................... $ 30.00
19. Revise and reset signal heads and timing
sequence at Logan Sherman , Broadway ,
Acoma , and Bannock ........................ $200 .00
TomL FOR FLOYD (WESTBOUND) ...................... $1 ,500 .27
VI. Hampden Avenue . return that portion between Logan Street
to Bannock Street back to two-way traffic .
1. Present one-way traffic control devices to be removed
from seven (7) intersections including the turning
around of signs on the south side .-$500 .
2. Removal of present striping and channelization at an
averase of 180 linear feet per block at five (5) cents
per foot -$63 .00 .
3 . Repaint street for two-way -20 gallons Q $2 -$40 .00 .
4 . Readjust present signal timing -$100 .
TOTAL FOR HAMPDEN (TWO-WAY) ...................... $ 7o3 .oo
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VII. Composite total of Floyd Avenue one-way and removal of
one-way from Ha mpd e n Avenue ;
l . Floyd Aven ue
Hampden Av enue
less materi a l salvage
$1 ,500 .27
703 00
$2 ,203 .27
300 .00
TOTAL ......... $1 ,903 .27
VIII. Additional considerations , rec ommendations , and costs :
A . Girard Avenue :
l . Without the extension of Girard Avenue one-way
to Downi ng in conjunction with a removal of one-
way on Hampden and installing of one-way west on
Floyd would ensue an unbalanced couplet creating
an undesira bl e flow of traffic , therefore, the es -
timat d cost for Girard Avenu e eastbound to Downing
Str et is as follows :
a . S ig ns , etc ....................... $
Mounting material ............... .
Paint ........................... .
762 .92
10 .00
40.00
subtotal ..... $ 812 .92
Recommended Signal
Downing Street ................... $4 ,500 .00
Total ........ $5 ,3 12 .92
2 . Th ere ha s be e n an approximate 9% increase in traffic
volume on the one-way port1on between Cherokee an d
Bannock Street during 1968-69 . S venty-five percent
(75%) of the overall volume ea t of Logan Street
is trav ling east.
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B . Hampden Avenue (all precents are based upon actual
counts):
1 . There has been an approximate 10% increase in
traffic volume on the one-way portion between
Logan Street and Broadway during 1968-69 .
2 . There has been an approximate 16% increase in
Traffic volume on the one-way portion between
Broadway and Bannock Street during 1968-69 .
3 . There has been an approximate 25% increase in
traffic volume on the two-way portion west of
Downing Street with 75% of the overall volume
going west .
4. The return of Hampden Avenue to two-way movement
of traffic would in effect seriously reduce the
needed capac1ty potential already established
with the present system of streets. Prior to the
establishment of one-way west on Hampden Avenue there
occured daily , exce pt possibly on Sundays , serious
traffic fri c tion and blockage during peak periods
caused by left turn1ng vehicles at Broadway .
5 . By extending th beginning point of westbound
one-way traffic east to Downing Street (with the
accompan 1ng rec1procal of G1 rard Avenue eastbound
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we would encourage more traffic, both local and
those persons "originating 1.n " or "destined to"
the core area, to use these two facilities. The
Lafayette/Hampden-U .S. 285 intersection will more
than likely need signalization in the near future .
6. To extend the on e-way portion of Hampden Avenue
east to Downing Street would cost approximately
the same as the like portion of Girard Avenue ,
or approx i mately $800 for signs, etc . The present
signal installation at Downing Street is o bsole te
and should be improved regardless of the directional
flow of traffic .
7 . The present street width of Ham pd en Avenue from
Clarkson Street to Bannock Street is sub-standard
for development of , or classification as a two-way
arterial street . The width varies from 34 feet to
37 feet between Clarkson and Bannock Streets . The
present right-of-way is also unsatisfactory for
reconstruction and widening to the standard 44 feet
for arterial construct io n with curb parking on both
s1.d e s The r1ght-of-way b etween Bannock Street
and Pennsylvania Street is 50 feet and 55 feet
from P ennsylvania Street to Clarkson Street
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8 . Add itional capacity could be maintained for an
exten ded period of time if the present one-way
were extended . As the volume and friction between
vehicles increases it ma y be necessary at a later
date to remove the curb parking from one side .
C . Floyd Av e nue ·
1. The exist1ng alignment o f Floyd Avenue at Broadway
could create a conflict in traffic movement if
Floyd were changed to one-way west bound . There
would probably have to be a restriction for only
one lane to mak e the "S " curve .
2 . Another feat ure concerning one-way westbound on
Floyd Av e nue would be the termination at Bannock
S t r eet . This would have the tendency to create
considerable congestion because of the already
xisting heavy east bound flow on Floyd Av e nue from
Huro n Street t o Bannock Street . The dverage 24 hou r
volume on Floyd Avenu e, mo vi ng east only , has
increased fr om 630 vehicles in 1967 to 3870 vehicles
in 1969 . The circular flow of traffic in t he
general area of the "P ark & Shop" pa rking lot would
be eriously affecte d if Floyd Av enue were one-way
west and Bannock S treet made one-way north .
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D . Bannock-Cherokee One-way Couplet :
1 . The major undesirable feature of this
consideration would be the creation
of an unbalanced system if no consideration be
given to a reciprocal flow of traffic with
Sherman Street on the east . This alone would
create the situation of two one-way streets
flowing in one direction and only one returning.
E . Conclusion:
The vehicular traffic flow in Bnglewood is made up
generally of vehicles traveling through, in other words
the majority of vehicle trips originating in Englewood
have destinations outside of th~ City or those originat-
ing outside the City pass through the City. The "Origin
and Destination Study" conducted by the Colorado Depart-
ment of Highways in 1962 , and revisions thereof , in-
dicated that vehicle trips to and from the "Central
Business District" account for only 13% of the overall
volume of traffic within the City. It is assumed
that there would be an inc rease in this percentage
due to the developaent of the Cinderella City complex
but no great change proportionately because the popula t ion
of the City proper has not increased that much where
it would affect the nature and number of the trips
generated fro. within the City .
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According to information and records available, the City of
Englewood has for a number of years, at least five, given
close and caref ul consideration to the improvement of its traffic
facilities including traffic flow , improved hardware , inter-
co nnection and control of traffic signals and the removal of
certain hazards and fr1ction points . Those improvements which
have been mad e , such as th pr s e nt one-way system , have b n
done so with a reasonable amount of success in accomplishing
their intent ,and that is to safely and expediently move vehicular
traffic in and through the City . This i not to infer that the
present traffic-flow system established shoul d not be subjected
to review from time to time to assure its continued workability
and effectiveness . The proper approach method is through research
and study , esta blish a traffic system and then expand and build
on it , not make complete changes, from year to year , which i n
effect tends to aggravate the traveling public .
I therefor , recommen d that the present system and directional
flow of traffic not be change d and that any further consideration
should be directed toward expansion and improvement of this system .
Respectfully yours ,
,//, 1 ---J/ -·
/' (?/. 4:'-LJ /( / ~fr~0
£. James B . Hammond ,
Traffic Engineer
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TRAFFIC PATTERN STUDY SYNOPSIS
1. Extend South Bannock Street one way south from Yale to Chenango.
Extend South Sherman Street one way north from Yale to Chenango.
Signs, paint and miscellaneous materials •••••.•••••.•.•.•.••.•
City labor costs for installing signs, painting, etc ••••...•..•.•
Signal equipment, materials, tools and labor .•..••.•••..•..•.•
Total estimated City cost ••.••••••••.•••.•••••••••••••.•••
Existing One-Way
Proposed One-Way
Extension
l . f 'i , ( I
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....... ~, I
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$ 1,593.1 6
208 .00
18,000.00
$19, 801.16
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2 . Keep So . Bannock :-'t . one way south and e x-tend it from Yale to C henango.
Make So. CherokeP St. o ne way north from Ya le to Che n a n ge.
Extend Sherman one way n o rth from Ya le to C he n an ,;o .
Signs ., p a int a nd m iSf'. materials
C ity labor cost for insta lling s ign s , pai nting, etc .
Signa l equi pment, m a terials. tools a n d labor
Total est im ated <'1ty cost
• Present Pattern
4---Alternate Pattern
Proposal
,. )
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$ :l, 25 . 9.J
459 .00
34 ,91 0 .00
• :J9 , 194.94
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3. Change So. B a nnock St. to one way north from Ya le to Ch emm go .
Make C herokee St. one way south from Yale to Chenang o.
Extend Sh e rm a n one way north from Yale to C hen a ngo.
Signs, paints <lDd misc . materials
C ity labor cost for install i ng signs, painting, mi sc .
Signal equipment, mate ri a ls, tools a nd labor
Total es tim ated C ity cost
-+-Existing One Way
_ ~ Proposed One-Way
fA --l --
II • :i .... . ' I " ---
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t· ~ )I . .,,-. · .
~ ...
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$ 3 , 25.94
964.00
35 ,330 .00
$40 ,119.94
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4. Extend Girard Avenue one way east to South Downing Stree t.
Extend Hampden Avenue one way west from South Downing Street.
Signs, paint and misc ellaneous materia l s ••••••..•..•.•..•.•..•
City labor cost for insta lling signs, pa inting, e t c •....••••.••••
Signal installation at South Downing Street .••••••.•••.•••••..••
Total estima ted City cost ••••••••.•••.••••.••••.•••.•.••.•
. --·
Existing One-Way
Proposed One-Way
Extensions
/ ....... -----;:..-----~------... -:.~-~
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"'' ' ,.--··(. ,
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$ 1,425.84
200.00
9,000.00
$10,625.84
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5, Make Floyd Avenu e one way west from South Downing St. to So. Bannock St.
Change Hampden Avenue to two way from So. Logan St. to So . Bannock St.
Extend Girard Avenue one way east to So. Downing St.
Signs, paint a nd misc. materials ·
City l:lbor costs for installing signs , painting, misc.
Signal installation at Girard and Downing
Estimated Ci t y Cost
Less salvaged material
Total
Existing ~e -Way
Proposed One-Way ...........
Proposed Two-Way
--------------·-
I t
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-.,
-~~-~--~--"'1 .. ~~ .. ~----,... ~
II !_!•Utt Ue t \
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$1,927.19
1 ,089.00
-1 ,500 .00
7,516 .19
(300 .00)
7, 216 .19
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TRAFFIC PATTERN STUDY SYNOPSIS
1. Extend South Bannock Street one way south from Yale to Chenango.
Extend South Sh e rman Street one way north from Yale to Chenango.
Signs, pa int and miscellaneous materials •••••..••••..••.••••.•
City labor costs for installing signs, painting, e t c •.•...•••••••
Signal e qu ipment, materials, tools and labor •••.••.•.•••••.•••
Total esti mated City cost ••.••••••••..••••••••••••••••.•••
, .
'.i
~ _,.~ ......... , -
~"';~
-. -.t. .. '" . ·-.'
,y ,b~'~l,i ., ..
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~ .. ~ ....
--'"-, r ....... . ~,;;,I
Ex isting One-Way
Proposed One-way
Extension
-' .
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• f L ... .-~ I ~ I . i .. I t •.
.---· --·
.....
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.u,::·r '. r-------~
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$ 1,593 .1 6
208 .00
1 8,000.00
$19,801.16
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2 . K eep So. B a nnock St. o n e way south and ex1:e nd it from Ya l e to Chena n go .
M::tke So . 'he rokee St. one way north from Yale to Chenanga.
Exte nd Sh e rman on e w ay n orth from Yal e to Che nango .
Sign s ., pa int and mi s e. materia l s
City l abor c o s t for ins t a lling signs , painting , etc .
Sign a l equipm ent, m at e ri a ls, tools and l abor
Total es tim at ed C ity c ost
Present Pattern
Alternate Pattern
Proposal
/.:-~-----_._ __ '!:---~ --
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$ 3 , 825 .94
459 .00
3 .J ,9 10.00
$39 ,194.94
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3 . Change So . Bannock St. to one way n orth from YalE' to Chcn nngo .
Make C h •r okee St. o ne way south from Yal e to Ch enmgo.
Extend Sherm a n one way north from Yale to Chen a n go .
Signs, pa ints a nd misc . materials
City labor cost fo r installi ng signs, painting , misc .
Sihrnal equipment , materi a l s , tools and l abor
Tot :1l •s tim a t cd it) cost
_.. Existing One Way -· Proposed One-Way
'! ... .. • I
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$ 3 , 825 .94
964 .00
35 .330 .00
.. 40 ,11 9 .94
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4. Extend Girard Avenue one way east to South Downing Street.
Extend Hampden Avenue one way west from South Downing Street.
Signs, pa int and miscellaneous materials .•••..•..•...••.•.•...
City labor cost for installing signs, painting, etc •.....•••••.••
Signal installation at South Downing street .•••••..•••.•••••.•.•
Total estimated City cost ••.••••••••••.•.••••••••••.•.•..•
'I
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Existing one-Way
Proposed one-Way
Extensions
/~ ..... R ----.-.-------·--------=--~--.-,
,' .,_.. I ~ 1•"'" \ 1_-0I'.L. ---,
r.--.,.. ':.J ft.,~ .... . ....
""
$ 1,425.84
200.00
9,000.00
$10,625.84
~--.l · ..... r -~
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5 . Make Floyd Av e nue one way west from So uth Downing St. to So . Bannock St.
Change Hampden Avenue to two way from So. Lognn ~'t . to So . Bannock St.
Exten d Girard Av e nu e one way east to So. Downing St .
Signs , pai nt and misc . materials
Ci t y labor eosts for in s t a lling signs, painting, misc.
Signal installation a t Girard and Downing
Estim a t ed Cit y Co s t
Less salvaged m a terial
Total
Existing ()le -Way
••
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-~ Proposed One-Way
........... Proposed Two-Way
----·------------
.... ,"""'
(
J
,.,~-~---... ---t· .. · ~~~~~ -·---,... .-*\ .............. '·t
' '
$1,927 .1 9
1 '089 . 00
4 ,500.00
7,516.19
(300. 00)
7,216.19
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TRAFFIC PATTERN STUDY SYNOPSIS
1. Extend South Bannock Street one way south from Yale to Chenango.
Extend South Sh e rman street one way north from Yale to Chenango.
Signs, pa int and miscellaneous materials ..•••.•••••••.••..••••
City labor costs for installing signs, painting, etc •.•....••••.•
Signal equipment, materials, tools and labor ••••••••.••.••••••
Total estimated City cost •••••.•••••...••.••••••••••••.•••
' '·
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...
I ..... ,I
Existing One-Way
Proposed One-Way
Extension
...... _,.. . ' . --··. ,I .. ~ ...
I..,-• ..-
I
,-' ....
I.
.....,
. I' r------'
I
$ 1,593.1 6
208 .00
18,000.00
$19 , 801.16
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2 . K ee p So . Bannock St . o ne wny south a nd extend it from Yale t o C hena n go .
Ma.ke So . C he rokee St . o ne way north from Yale to Chenange .
Extend She rman one wny north from Yale to Che n :m go .
Sign s ~ pnint a nd misc. materi:J i s
City l abo r cos t for insta ll ing signs , painting , etc.
Signal equ ipm e nt, materi:Jls, tools a nd Jabot ·
Total est im a ted Cit.v cost
Present Pattern
I
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R j ~ i •
-----... -
Alternate Pattern
Proposal
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$ a, 25 . 9..J
459.00
:l ..J , 910 .00
$39,19-1.94
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3 . C ha nge So. Bannock St. t o one way north from Yale to Ch e n a n go .
Make Cherokee St. o ne way s outh from Yale to Chenango .
Exte nd Sh erman one way north from Ya le to Chena n go .
Si!,,'llS , pa ints a nd mi sc . mate rials
City labor cost for in s t a lling s igns, paint in g , misc .
SiW~al equipm e nt, m a t e ri a ls, tools a nd labo r
Tot a l e stimated City cost
I
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. /':::!
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_.,. Existing One Way
-~ Proposed One-Way
.,, -~
.. .
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ll
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.... ,. ,,
.)1 .
·-.. (· ,,..
,• ..
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-:aoo;:, ....
,, II
•• ......
.,, .
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' 3 , 25 .94
964 .00
:35 ,:3 30 .00
' -10, 119 .9-1
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4. ~:Dead Girard Avellllll c.e way eut to 8aat:h DowD1Dg street.
EKtelld Rampdeu AYelllle c.e way west from South lJowldDc Street.
Slpa, pa1Dt aDd mtacen•...-aa matertat.. • • • • • • . • • • • • • • • • • • • • • $ 1, 411. 84
Ctty IUor coet lor tutanmc etpa, pa1att.uc, .etc. . • • • • • •• • • •• • 200.00
Blpal1Detall.uOD at 9oatb DowldJIIIStreet........ •• • • • • •• •• • • • 9.11.oo
1"c:Jtal eatl.matiKI Ctty oo.t. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • fio. • 84
~ Bxi8ting One-way,·
• • •• Propoeed ODe-way
lbcteneione
...
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5. Make F lo yd Avenue one wa y west from South Downing St. to So. Bannock St.
Change Hampden Avenue to two way from So. Logan St. to So. Bannock St.
Extend Girard Avenue one way east to So. Downing St .
Signs, paint and misc. materials
City labor costs for installing signs, painting, misc.
Signal installation at Girard and Downing
Estimated City Cost
Less salvaged material
Total
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Existing Ole -Way
Proposed One-way
Proposed Two-Way
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$1,927.19
1 ,089.00
4,500.00
7,516.19
(300. 00)
7, 216.19
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TO : Stanley H. Dial, City Manager
l'ltOM : D::>uglas c. Sovern, Fire Chief
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MIMOilANDUM
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DA~ August 25, 1969
C.IIY ~
SUIJICT: Out of State Trip to St. Joaeph, 9\orkel Fire Bqui~nt-Company
Four men from the Fire Department namely, Capt. White, Elden Boh,
Ray Cosby and myself journeyed to St. Joaeph, Miseouri for the purpose
of . inspecting and witnessing teata made on the new elevated platform
which is due for delivery soon.
The treatment afforded us by the snorkel people waa exceptional
· and probably would have been better had not -ny of their kay people
been absent for usual buaineaa reasons. Upon our arrival Wedneaday
morning the Chief Service Repreaentative Mr. Charl•s Lieffring was
assigned to us to explain all of the construction .. thoda and anawer
any of our questions. We were ahown the entire conatruction procedure
along with the many service tipa during this morning. After lunch the
apparatus was placed in testa and with the exeeption of aa.e very ainor
problema, which were corrected at that .time, the apparatus was found to
be in excellent condition.
Our mechanics were shown and were allowed to witneas the aetting of
the safety valves, the adjustment of the lU.iting features along with
the measurement of the maximum travel height of the boom. We were ahown
two of the major tests which were the atrength teat for the ba~et and
the boom in which 2700 lbs., or three times the rated capaeity of the
platform aa extended from the platform with reaulta that the deflection
under these conditione stayed within the allowable tolerance with a
good percent of margin. The other teat called for the platform to
support 1~ times the platform rated capacity (1376 lba) with the boom
rotated a full 360 degrees without the out-riggers showing any lifting
off the spotting pad. This teat was aleo passed very well. The men
were explained servicing techniques, periodic testing and general
preventative maintenance required on this apparatus.
It is our feeling that this trip has been very beneficial to allow
us to be acutely aware of the functions of this piece of apparatus.
We sincerely th an k you and the City Council for the privilege for the
trip.
Our total expenses for room, rent, gas, meals and tips and supplies
was $17 .29. The balance of the $200 will be refunded to the Finance
Department .
j)~{?~
00 UGLAS C • SOVERN
Fire Chief
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MEMORANDUM
TO: Jack L. Cl asby, Chief of Police DATE: August 28, 1 969
FROM: Donnell R. S ~anLon, Public Relations Officer •r
SUBJEcr: OOMMUNJ TY POLICE RELATIONS IN STITUTE
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I be lieve t h~t the Na tiona l Institute on Co~ity Police Rela tions School held
at t hl! Un iversity of Southern California June 8 -13, 1969, has given 1118 a variety
of experiences and i nsi ghts t hat will help .. do ~ job with much more success.
I know nov that the police depart•nt can not go 1 t alone. We 11111st concern the
ci ti zenry, governmen t, and law enforce .. nt, and in addition students, press, radio,
and television. We must learn to c~icate and there ..at. be a total rejection of
criminal violence as a meana or attaining social justice or social order. We JIIWit
be more dee ply concerned with the causes t han the 87"1Ptoas of social breakdown and
social i nj ustice .
The follovinc rec~ndation s VOitre JUde at t he institute:
1 . Lesigla o r s to be pressed at local , state, and national level to
remove outdated, oppressh•• and ell r1Ainato17 laws fi'OIA t he records.
2 . Police include in depth c~t7 .. areneas training for all officers,
vi h emphasis on lllinorit7 c~t7 probleas.
). Po lice departments develop local ca..unit7 adviso ry committees,
committee s reporting to the chief of police (these -~ers to be
s e lected by the communi ty).
Re c ruit men !'rograms d.i re cted t oward lllinori ty youngsters which would
also i.mp r o ve community relations in lllinori y collll!lu'li ies.
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5. Along wi t h law and order, t ha ~ justice be emphasiKed.
6. Police departments hi re ex-convicts as communi t y liason personnel
with proper titles ~ salary. (!xu.ple: Nev Career Procruut
throughout the State of California).
7. That the next institute encourage the attendance of policy ll&lcera,
activists and militants f~ the Black and Brown eo..unitiea.
8. Salary increases be paid to police officers 1n order to insure that
the lsv enforcement officers receive co~naation coa.ensurate with
duties, and responsibilities required ot a lav enforce.ant officer
t oda,y. I
9. The National Institute of ec..unit;r Police Relations go on record
f avoring reforms to lllllke the present crilllinal j~l!ltice ayatem 110re
ruponsive to the people (Black, Brown, and poor).
10. That officer's evaluation proceae include an indication of the
ability of an officer to relate to the •1norit;r caa.unity, ae well
as other job requh-nts.
11 . More care be given to the aseien-nt of officers to the mnori t7
COIIIIIUnities, based on the abili t;r to relate to the Black and Brown
COIIIIIunities.
12 . Full cooperation fro111 each lav entorce~~~tnt apncy involved 1n this
Ins itute to accept and support these reco~ndat ionl!l and to accept
the theme of this Institute, "FRCJf CONFRONTATIONS to Coml!unity".
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In conclusion, if all concerned learn to understand one another ve ~ ha" aate
streets, a secure home, a personal sense of security. This is enJ'7one•s buaineaa.
They are not only shared goals, but a joint responsibility. The creation of
professional police service doea not dinat the indindual citilen of personal
responsibility for his own orderly behanor and ' caneral reaponsibilit7 tor an
orderly COIIIIIUJli ty. The achieve•nt of social order b7 both legal proceaa and
by well ordered pereonal conduct can onl7 exiat it there is a partnerehip betwen
citizens of the co11111un1t7 and the police. 'nle purpose of police c~it7 relatiaa.
programs is to establish such a partnership.
Respectfully sublli tted,
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Donnell R. Stmton
Public Relatione otticer
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RECAP OF THE COLORADO WATER CONSERVATION BOARD
MEETING OF MAY 28, 196 9
The meeting was held at 9 A.M. in room 102 of the Columbine
Building . 1845 Sherman Street . I am attaching hereto a copy
of the letter notifying us of the meeting.
The meeting concerned itself with the acquisition of parcels
of land. Maps and lists of ownerships were distributed and
I am attaching a copy of the ownership list. It was mentioned
tbat the Board would have to proceed with channel acquisition
and that the State has to contribute 50%.
It was stated that next week the appraiser would start contacting
individual owners and would determine at that time which of
the owners could possibly take some of the fill from the
channel excavation . The appraiser will determine the value
of land being taken and severance damage , froa this will be
deducted the value of the flood cootrol cbannel . It was expected
that the appraisal work should be completed by September 1.
The optional taking , as listed in the land acquisition list
would be for recreational purposes or because of damage to the
remainder .
The title to the land would be vested in the Cities and Counties
rather than the State because it is these entities that would
be responsible for the maintenance of the channel. The Cities
and Counti e s would have to give their permission for construction
over thos e properties ~ere they have fee title .
It was po i nt e d o u t t ha t th e big expense would b e the moving o f
lh e util ities a nd that i l is not known at this time how mu c h
t h e Sta t e wil l p art i ci p ate i n thi s c o st .
I am attac h ing,a l so , a lis t o f th ese part ies who att e nded th e
meeting .
K lls Wa gg n e r
All rnnt R pr
KW:pd
nlativ
s ? 2 1969
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PIUS L .. ...au -C J. I.UIPD
Fltl.fDUJC..K \ J.JI.OaQU
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DIP"")' f),rr,lv t
K u I PkTHh L )C\N
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\JLII,..Cl' :::. r o aNELTU S
K-• ]UHI'o I\ l.OVB , Oc>uroor ·-· I'll-lUI
JA..MU H MACUONAJ.I)
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CuLORADO \V ATER CO SF.PVATION BoARD
llbQ(&f H \.'-'lllF\.tl>lltl.
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102 C:O l l:MBlNlliiUILIJING
11>4 5 SHEIIMA.'I ~BT
l>ENVER , C'OLORAOO IOJ03 aiCMA.AD I 'ILLIA."-•
G.-a IJIIW"d ..
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May 1 6, 1 969
M.L·. Ke 1 J s Wa ggon er
Citj of Englewood
34 00 So . Elati S t.,
Eng l ~wooo. Co l orado 80110
Dear Mr. W ~ggo n er :
P1ans for the acquisition of the channdl below
the Chat fiel d Dam as a part of th ~ Chatfield Project have
proc e ede d t o t h e p oint t h at firm commitments now must b e
mad concern i n g ~cquisition of th~ individual parcels
n e c es sary for channE l improvement. This Board expects to
comm e nc e thP n ecessdry land appraisals in the ~mme d iate
fu tur e . In order that all plans tor channel acquisit i on
can be coor dinated , we are requesting that th e channel acqui-
sition committee meet her e i n this office at q:OO A. M. on
We dnesday, May 28, 1969.
We hope t hat you or a representative of your city
can b e present a t that neeting. We believe that it i a
nec essary to h av~ the assistance and advice of all ~nter
es t ed agencies and individuals •
FLS:ll<.
Very tru ly yours ,
-L ,,/-~.t' . / --_ /J/ ./'-1 ~----,4 ·
FELIX L. S P K
01.r c-ctor
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sou·ru PLATTE RIVER CliA!I.'NEL IMPRCV&."l.l::N'.i'S
LAND ACQUISITION
Channel Area Optional Area P.::-ooert:l: OWnt>r ~ ~ Ft:l Acres
l -\v oln urs t Co un try Club 360,800 8.283 :!: 120,000 2.755 +
2 -Daniel Xonen 20,000 0.459 +
3 K. C. Ensor 960,400 22.048 +
4 -Alpha Land co. 578,000 13.269 t
5 -Eagle co·. Development corp. 434,800 + 9.982 -
6 -James o. Newton 695,200 15.960 t 290,000 6.657 ±
7 -Mrs. Bertha Olsen 107,200 2.461 +
8 -Mrs. Earl c. Morris 309,200 7.098 + 180,400 4.141 +
9 -Central Construction Co. 477' 600 10.964 + 151,200 3.471 + -
10 -Nero DiRezza 15,6001 0.358 !
ll -Walter s. Williams 156,800 3.600 ± 3,600 0.083 ±
12 -Jamea G. Kerr 117,200 2.691 ± 119,200 2.736 ±
13 -Carl M. Peterson 64,000 1.469 ±
14 -Paul w. Sutton 67,600 1.552 + 38,800 0.891 +
15 -Douglas H. Buck -Area :jl 4,800 0.110 + 74,000 1.699 +
Area i2 315,600 7.245 ±
• 16 -King c . Hu dso n 344,000 7.897 ± 108,800 2.498 ±
18 -Co lumbine Country Club 271,600 6.235 ±
19 -Mr . & Mrs . Richard Crandall 34,000 0.781 :!:
0 -William Miller 19,200 0.441 :!: ---I • •
21 -City of Li t tle t on 78,000 1.791 :!:
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· · ( o F F I C I A L ITY COU CIL DOCUMENT
EN LEWOOD PARKS & RECREATION CO~ION Rf l)n>l TO
Minutes of A ugust IS, 1969 SEP 2 '69
couNC IL Mt::o"'"," G FILE
The reguls.r monthly meeting of the Englewood Parks & Recre ~ §~~mn'~· CO LO.
called to order by Walter Jorgensen, vtce chairman, at 7:30p.m. in the Recreation Office,
3400 South Elati.
:Plcmbers present: JorgeDsen, Kreiling, Lay, Beier, Allen & Romans . ex-officio
Members absent: Cushing and Eleasing
Also tresent: Raymond D. Printz, Asst. Di:reetor Parks && Reorelltton
Beier :moved, Lay seconded, that the minutes of July 9, 1969 be approved a a printed.
'Modon carried.
The Rec··eation Fund fulEJlcial report was reviewed by tbe Director. The income as of
July 31 -$50,41\8. 54; expenoe as of July 31 -$59, 002.64; perceilt o income collected -52. 24%;
percent uf budget xpended -52. 18%.
List of bills paid In Jnly was presented for appi.-oval . Several items Usted as p&ld to
"Englewood Parks & Recreation Connniselon" were questioned. Lay moved, Krelling seconded,
·that these bUlB be approved GUbject to clnrlfication. Motion c&...""l'ied.
The bids for Centennial Park ere awarded to: Keeson £a Son , general oonst.ruM
Sturgeon Electric, electrical work; and E. A. Y.ariak:a. Conatruction Co., toilet, sbeltor and
co c~sslon '!:>uildinp. The Direator b 3 met wLh tbe t e contractors involved to coordl.nUe
v.u rk on this project. There may be a problem g6tting wire for tbc llghtln in time to put
it in bciore ec::-ding wllich has to be don this fill, They may veto na a 1rt1 te wire or
Icy rln until oe:rt spring but the seeding wlll definltely be done a fall ao t field will be
t next pl'ing.
Cone min the recommendation made to City CouncU ~ charges be made for softball
tcmrnamon\.IJ, the Council elq)l'essed th~ opinion that this should be done and · cted
Department to d tormlne what events to charge for, amount of fee, etc. u . Romans statEd
th ~ a charge would be made ror some of the big tournaments to a how cb.orging a gate
admlneion will worlt out.
The Recr atton Activity Fund bu~t, QD recommendod by the City MAD r to be
presented to City Council , a reviewed by e Com.mls e i . The City's appropriation for
1970 Ia $41,270. The posslbi ty at the School Diatrlct w1ll aga.l:n participate ill tho budget
ln the amount of $17 ,300. looks favorable at this time. The anticipated revenu • for Sporta ~
Games provides for a proposed reglstration fj of $1.00 to $5.00 for Jr. Amerlo u Programa.
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Minutes of August 13 196 (
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The Director alleviatGd the concern that t.bls fee might prevent some chilciren from particlpattng
by stating tha1 the fee would be waived for auy child not able to p&y. Mrs. Allen commented
that all other recreation progums have fee chargee md she could see no reason why the Jr.
American pez·tlcipants should DDt pay a small fee also. Mr. Jorgensen pointed out that tbe
School District participation in the recreation program budget was primarily beoause of this
program which involves the elementary children in the Englewood schools and he felt the School
Boa1•d would not look favorably on this proposed charge. The pGSsibility of realizing t.he extra
income for 1970 from 2dult programs, such P.B softball, instead of charg;lng the obildren was
suggested and again consider this proposal befure the 1971 budget ls prep&red. If more income
is needed for 1970, there is the possibility of charging for the football pr gram which begiJls in
September. After lengt.by discussion, the Director recommended that the budget be approved
wiiho11t the fea charge for Jr. American programs. Allen moved , Lay seconded, that DO charge
be made for the Jr. AmeLiccn Programs at this time but to start an education program pointing
towiU'd the possibility oi having thls fee in the fut11re. Motion carried.
Lay moved, Beie1· seconded, that ":be City Manager's proposed budget fo r the 1970
Recreation Activity li'lmd b approved. Motio Bl'ried.
The resignation letter from Mr. Printz 1as rend. The CommisBion wished him the
b~-t of luc!.t i:l hia new position as Director of the South Suburban Recrestial District and
look i orw:J.rd to wo1·!dng with him b this new capacity.
The Director briefly reviewed the Regional Open Space Plan prepared by the Denver
Regiolllll Councll of GoveTnments. This ta a long range plan showing location of preseut and
future recreation and park areas. Lay moved , Allen eseconded, that th Commisalon pprove
t ts pltm as presented. MUOQ6arrled.
The Director reported that an offer had been made by the Utilities Department to use
certain are:1a at :McLells.n Reservoir t:or reOt'eatlon purposes. The Commi•lon ln.strueted
u-. Ro to ackno vledge thia offer w1 h tlumks and illfor:m them the Commlaaion Ia interested
but at Ume ere IB no money available to develop or maintain any type of recreation facUlty
in s area.
:Mr. Lay Qllired as to the c011t pl~ directiooal algns on main streets in the
City dteating wh re th parka and recreation areu are loc d. Mr. Romau said be would I · •
T'.1e etit adjOIIl'Md at 9:30 p.m. Tbe next reJU]u eet1n1 wOl be September 10
In tJ Recn;atial Office •
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OFFIC I AL
CITY COU C I L DOCUM ENT
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COUN CIL I, I[._' I ,,G FILE
CITY OF E!:JGLEWOOD, COLORADO CITX Of: ENGLEWOOD, COLO.
BOARD OF ADJUSTMENT AND APPEALS ftEoJOI..P.R MEE'l'!!iG -AUGUST 13, 1969
Chairman Rhodus called the meeting to order at 8:00 P. M.
r.mmERS PRESENT: tletterstrom, Pitchfort!, Mezen. Clayton, Rhodus
mERS ABSEH'l': NClne
O'l'HE1l OFFICIALS PRESEN'l': Wl'n. A. Hamili.on. Acting Chief Bu.\ld!L1ig Inspector
Imm~nuel L~theran Church
3695 South Acoma 3701 South Acoma St.
case No. 69-69
The applicant is r~questing a variance to have a parking lot for the
chur ch in an R-2-B zone. This lot wou d be across the street from the
chur ch.
Larry Conner, who is a trustee for the church was present representing
the church, stated they have torn do~n1 an o ld house and the proposed l ot
would be paved.
The Engine r 's have approved the layout and grade of t he lot. It has been
po ted and advertised for Publ i c Hearin;.
Pitchford moved,
Mezen seconded, since there as n o one present to object, the
Citl• gi e r bas !pprovod the proposed lot
th variance be grJnted.
Ayeea Wetteratrom. Pitchford, Mez~n. Rhodus
Nays: l!Jone
Absents None
Mr. Cl yton abatained from voting on thio variance as he is the manager
for church property •
• G. try Const. Co. f or
Continental Nationa~
3435 S outh Bannock
Case No. 69-70
'J'he applicant is reque ting a variance to permit two curb cuts to be
18 feet apart for ingress and egress to a parking lot. The property
has been posted and ad:verti.eed for Public Hearing. 'l'he City Engineer
h s approv d the proposed curb cuts and layout o f the parking lot.
Clayton IUOV d,
ezen seconde , the variances to p rmit the curb cuts 18 feet
apart be granted.
Ay sa W tt r trom, Pitchford, Mezen. Clayton, Rhodus.
ay a n
Abe en': a 1\lon
Sep tember 2, 1969 4 (g)
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Vi.lleent Ryan
1209 Madison
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Penn-Wood Apartments
3475 So. Pennsylvania
cue Bo. 69-71
The applicant is requesting permission to extend a retaining wall to
back of sidewalk and to have a 6 inch curb alcmg the back of the
sidewalk. '!'here are two parl~ing lots above this property and i• on
a steep grade and when it rains the water drains into the apartments.
The wall and curb will enczoacb upon City property .
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Clayton moved,
Pitchford seconded, the p roposed encroachment be recoamended
to the City council for their QOXUJideration.
Ayes t wettersuom, Pitchford, Me z en, Clayton. Rhodus
Says: liiOne
AbGent: lllOne
Thoxe b ing no further business to come before the Board the meeting
was adjourned a~ 10100 P. M.
APPROVED~---------------------
September 2, 1969 4 (g)
Susie Sc;:hneider
Recording Secretary
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OF F'ICIAC
C ITY C OUNCIL DOCUM E NT'
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CfT'( O F ENGLEWOOD. C OL.O .
REG ULAR MEETI NG OF TH E CA REER SERVIC E CO MMISS ION
CI TY OF ENGLEWOOD , COLORADO
AUGUST 28 , 1 969 , 7 :0 0 P .M.
PRE SEN T : H . R . Br aun, E . L . Ausfahl , J . F . Murphy
ABSENT : J . F. DeVivier
THE FO LL OWI NG MOT I ONS WERE PASSED FOR APPROV AL:
1 ) The minu t e s of the last r egul a r meeting as printed .
2 ) The f o llowing a nniv e rs ary i n c r ea s e s e ffective 9 /1/69 :
NAME
BUTTS , J ohn W.
CULP , Cl a r a C .
GAMET , Ke nneth
KOE SNTER, Lei Oma
SE DGW I CK , Joann e
SWOV ELAN D, Wi lli am
YOUNG , Willi am
TI TLE & DEPA RTMENT
Bu i l ding I ~specto r , Buildi n g
Sa l es Tax Clerk , Finance
Fir eman , Fir e
Libr ary Aide, Library
I nt er Cl e r k Typ ist, Li b r ary
Ma intena nc eman , Str e et
Maint cn ancema n , S treet
3 ) The f ollowi n g terminati ons :
CARMAN , Robert Bui l ding Ins p ector, Bu ilding
Effective 8/l S/69
DAVENPO RT, Dougl as Bui lding I n spec tor , Bu ilding
Effe ctive 8 /8/69
DOMINGUEZ , Leroy Disp a t che r, Po l i c e
Eff ective 8/13 /69
NI STAD , Margaret Inte r Cle r k Typis t , Libr a r y
Eff ective 8 /29 /69
RO GERS , Tim Ma int ena nceman , Pa rks & Re c .
Ef fe c tive 8/19/69
WINC H, Lucille Pa r king En f . Maid, Po l ice
Effective 8 /l S/69
4) The f o l low i ng new h ire s:
MAY , Ga r y Dis pa tcher , Police
Ef fect i ve 8/16/69
ROYTHER , Je rry Asst . Park s & Rec r eati on Di r .
Effecti v e 8/21/69
SCRIVNER , Theo d o r e Building I nspec t o r ,
Eff ecti ve 8 /21/69
Build ing
WAR DLAW , Da le Pl ann ing Assistan t ,
Effecti ve 8/1/69
Planning
YANCEY , Ed na Par king Enf . Ma id, Po lice
Eff ec t i v e 8 /25/69
GR ADE &
ST EP
2 2 D
14F
21C
13F
1 2C
1 7C
1 7C
22F
22D
14A
1 2B
1 7B
12F
l4A
2 8A
2 2B
19A
1 2 A
ss
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5 ) 'h e following rehire effective 8 /6/69 :
NAME TITLE & DEPARTMENT
RHOADES , Alfred Jr . Storekeeper , Street
GRADE &
STEP
15B
T h~ fringe benefits and pay proposal fo r the Fire Department
as out lined in the "Letters of Un d erstanding " signed by Ci ty
offici als and r epresentatives ol' the Employees ' Asso ciati on ,
the Englewood Firefighe rs' Association , and the Pol i ce Associa-
tion were discussed .
Mr . Murphy sta ted that according to recent research, mos t
.:. t:,er c iti es had p rovisions f o r e x changing sick l eav e accumula-
te d o ver 80 or 90 days for vacat i on. This was usually d one on
an e xc hange o f three days sick l eave accumulated o ver 90 d a ys
for one vaca tion day. Mr . Murphy also eT , o.i ned the policy of
compensating a r eti ring employee for his unused sick leave
accumulated o ver 90 days and suggested paying an e mployee
one half day 's pay for each sick day accumulated over 90 days .
The Board is not i n favor of exchanging sick l ea ve f o r
v ac ati on days, but a r e in fav o r o f paying an employee , upon
his retirem e nt, one half day 's pay f or each sick day accumula -
ted over 90 .
The Board unanimously approved a memo randum addressed to
City Council recommending the adoption of the r ecomm endations
contained in the "Lette~s of Understanding " between City
officials and r epres entatives of the Employees ' Association ,
the Firefighters • Association and Po l ice Association and also
a provision of cc,.;pensa t ing a r et iring employee for sick
leave accumulated over 90 d ay s .
Mr . Murphy stated he would like the Board 's op1n1on on
whether an e mployee who has accumulated hi s ma ximum amount o f
vacation leave , and because of the work load , is unable to
t~ke a vacation, and ther efo r e is losing vacation time, should
be compensated for the days he has lost o r could take time o ff
later .
The Boa rd discussed the problem but delayed making a decision
until all members of the Boa rd would be present .
Mr. Murphy jnformed the Board he had received a l etter f r om
Mr . Dial regarding the p lacement of the municipal court clerk
under the supervision of the Finance Director and instructing
him to take the necessary steps to place this position under
Ca reer Service . He stated that when the Building Department
was placed under the Public Works Department , the Chief
Building Inspector a u tomatically was placed under Career
Service and retained his tenure, and stated the matter of
tenure was the only questi c n a s far as he was concerned .
The Board agreed the ca se was the same as the Chief
Building Insp ec or position and that the Court Clerk would
retain her tenure .
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Mr . Murphy discussed with the Board a letter he had received
from Mr . Dial regarding special acts awards that the Board
had recommended to City Council at the last Boa rd meeting .
Mr . Dial stated in his letter that the Counci l desired more
specific information on t he recommendation made to the Council
fo r setting up a special fund from which special acts awards
c ould be made.
The Board stated they would take up the matter at the next
meeting when Mr. DeVivier would be present.
The meeting was adjourned and the next meeting is set fo r
September 18, 1969 at 7 :00P .M.
J . F . DEV IVIER
CHAIRMAN
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RECORDING SECRETA RY
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TO: City Council
FROM: Career Service Board
SUBJECT: 1970 Salary and Fringe Benefit Recommen dations
DATE: August 29 , 1969
In compliance with the Municipal Code, Section 6 -13 which states
that the Career Service Board shall recommend for approval by
Council , a pay plan for the next fiscal year, the Career Service
Board recommends to City Council the adoption of the recommenda-
tion as outlined in the "Letters of Understanding" between
City officials and representatives of the Employees' Association,
the Firefighters' Association, and the Police Association.
Howeve r, the Board strongly recommends that the pay increa ses
granted according to years of service for the Fire Department
as outlined in the "Letter of Understanding", not be automatic,
but be treated as a merit increase recommended by the Fire
Chief, as is the present practice.
In addition to the recommendations contained in the "Letters
of Understanding", we feel that according to the research that
has been made, a provision for conversion of sick leave is
warranted . We recommend that upon retirement, one half day's
pay be exchanged for every sick day accumulated over 90 days.
Re spectfully submit ted :
-H: R. BRAUN
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OFFICIAL
CITY COUN CI L DOCUMENT
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CO UNCIL tl~'-'·'-' f',U:
CITY: OF ENGLEWOOD, CO LO.
TO: All Members of the Englewood City Council
FROM: Mr. Stanley H. Dial, City Manager
DATE: August 29, 1969
SUBJECT: ENCROACHMENT REQUEST-3475 SOUTH PENNSYLVANIA
STREET
At the August 18th City Council meeting, the Council requested that the
Manager investigate several facets of a request for an encroachment at
3475 South Pennsylvania street. Specifically, the Council desired to !mow
if the following alternative alterations would help alleviate the problem of
flooding the property:
(a) Construction of a fence above the proposed 6" curb;
(b) A setback of the curb about 12"; and
(c) A channel under the sidewalk.
The attached report from the City Engineer's office is instrumental in my
conclusion that:
(a) A trough under the sidewalk would not drain the
problem area, but divert more water to the west
or the Pennsylvania-Logan alley along the north
side of the apartment bouse at 3475 South Pennsyl-
vania street---water following a course down and
south along South Pennsylvania street should be
kept on such course;
(b) The proposed retaining wall extension should be
permitted to prohibit further flooding on the
north of the apartment house;
(c) The proposed curbing should be permitted to
prohibit flooding from the east;
(d) That such curbing could be set back approximately
12" from the existing sidewalk a nd such setback
would place the curbing under an existing "split
rail" fence.
Re s pectfully,
STANLEY H. DIAL
City Manager
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21.
&(cz) SHD /lj
Att.
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August 22, 1969
INVESTIGATION OF DRAINAGE AT 3475 SOUTH PENNSYLVANIA
L.
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Water originating on Hospital grounds immediately east of
Washington flows over the Hospital grounds to the 25'
alley north and adjacent to the Dunn property where it flows
onto Pennsylvania Street.
2 . The crossfall on this street is sufficient to allow heavy
flows to cross Pennsylvania Street where it enters a resident-
ial driveway . This is the point where erosion behind the
walk becomes evide nt.
3 . The water flows south behind the walk at a 9.40% grade
gathering an erosive velocity, passing two driveways (the
erosion path is evident) and continues south until it enters
an area between two retaining walls or spills over onto
3475 South P e nnsylvania.
a . The garden level apartment window sill is approximately
three and one-half feet (3~') below the walk at the
point wh e r e it spills onto this property.
b. Water flowing west b e tween the aforementioned retaining
wal l s flows to the alley which is higher than the floor
lev e l of these garden apartments . Water stands along
th north side of the apartment s once it e nte rs the
ar a. Moss growth exists on the walk on th n ort h s ide
of the building .
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c . Wat er flowing west between the retaining walls can enter
and has previously entered the apartment house fronting
on Logan Street.
4 . Curbings and retaining walls have been placed on the east
side of the street, on City property. to protect the property
from run-off and erosion .
5. The following facts are existing :
a . The damaging water is entering from a City Street .
b . To divert further drainage westerly will aggravate
an e xisting critical problem caused by the alley being
on grades that cannot be changed without a proper storm
sewe r installation ,whi c h has never before been proposed.
c . S ince the damage occurs whenever rainfall is sufficient
to c r eate flows across Pennsylvania Street, the logical
an d practical approach would be to divert the water
back to Pennsylvania Street .
d . Th e parking lots drain to the alley .
Assistant City Engineer
QJS :pd
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SAN DIEGO!
San Diego is everyone's k in d of c ity . Dynamic , excit-
ing, sprawling . yet not overwhelming . It 's hustl ing .
bustl ing, bursting fort h i nto a new era of d i versified
economic growth, wh il e retaining the charm of i ts
Mex ican and Spanish hentage.
Our year-round fun i ncl udes the un ique experience
of a swi m in the Pac if i c i n the morn i ng , and ski i ng in
our backyard mounta i ns in the afternoon. Of visiting
the worl d 's largest co llect ion of wild animals at the
world famous San D iego Zoo. Of seeing a k il ler whale
pe rform at Sea World . Of horse racing, greyhounds,
bull fights, j ai al ai , and fabulous shopping opportu ni-
ti es In ad joi n i ng Mex ico. Of professional basketbal l,
footba ll or hockey. Of sport fishing or golfing at one
of 65 co urses i n the county.
San Di ego Is br ight ni ght l i fe , fabulous new restau-
rants , breathtaking scenic cru i ses and to urs, and awe-
some d isplays of Navy might-all waiting for you
duri ng our year-long celebration of our 200th b i rthday .
The City of San Diego extends a cordial welcome to
come and enjoy our exciting "city in motion ."
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Frank Curran
Mayor
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46th Annual Congress of Cities
of the National League of Ci t i es
December 1-5, 1969
San Diego, California
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Th is Co ngress of Cities w ill i ncorpo rate a number of
changes from the custol'·,ary forma t :
• Date : In the past, our customary Congress format has
been a Saturday to Wednesd .ly si tuat ion . Th is year, the
format will be Monday to Thursday.
• Headquarters: Customarily, LC designates a princi-
pa l hotel as its headquarte•rs The San Diego meeti ng will
feature the convention ha i• (the Commun ity Concourse)
as the headquarters. Be cause of the un ique geographical
sett ing of San Diego and the attracti ve Bay and Va lley
motel-hotel p roperties, the housing of our delegates will
be d ispersed . There w ill be frequent bus servi ce provided
between all properties which arrangement we are certain
our delegates will enjoy.
• Opening Session : The Open ing Session this year will
be Tuesday morn i ng just ahead of the Resolutions Com-
mittee that afternoon .
• Busi ness Session: At previous conven ti ons , the Annual
B ~.;·~ess Sess ion has always been he ld on the closi ng
morning . The pri nci pal purpose of the Congresa of Citi es
is to develop, debate and adopt the National Munici pal
Polley. As an experiment, the Annual Business Sess ion
w i ll be held on Thursday afternoon i n advance of the An-
nual Banquet that even in g.
Theme : "Ci ties i n !he "70's" offers municipal government
a unique opportunity to lake stock of. the achevemenls
and set-backs of the '60 's end to t1k1 a comprehensive,
long-r1nge look at the ob j ecti ve• of c/tiet for the next
decade.
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PROGRAM OBJECTIVES
1969 Congress ol Ci ti es Headquarters :
Community Concourse
SUNDAY, NOVEMBER 30
ALL DAY Workshoj>-Federal Aida Coordinators
Ai'TERNOON Reg istration
Tours
Wor ks hop-PR end Polley
EVENING Early·Bi rd Reception
IIONDAY, DECEMBER 1
ALL DAY Reg istnstion
(8) NLC Standing CommiiiHa,
variously achaduled
APTPNOON Workallop-PR Proleulonala
EVRNING Open
TUESDAY, DECEMBER 2
ALL DAY
IIOIUIIIIG
Ragiatnsllon
Opening GenensJ Seaalon:
• "Tha Municipal '70'..-A P-lew"
• "A Trillion Dollar Economy Challenged to
Solve City Problema"
• "People in the '70'..-Trenda and
lmpllcatione"
APTDNOON NLC Raaolutiona CommittH
Capl1al City Maypra
IYDIING Genensl RecepUon lor all Delegalea, their
8pcMIMa and Gueata
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WEDNESDAY, DECEMBER 3
MORNING State Breakfasts
General Session
• "New Conccp!s for \he '70's"
Ne""' concepts rn murucrp01 1 g o<tOrnment a vory popul ar
.... o r ashOP ,~_.lure o t the lo~t th ree annual conv.nt•on s,
Is oe rng g tven ge n~ra l se ~s on •talu s nus yea r to p ro-
voke some oustandrng munrc,p al thought stimul ators
lor tne '70's .
LUNCHEON All De legate s and Wives
• "Revenue Sharing and Mu nic ipa l Needs in
the '70 's"
AFTERNOON Gene ra l Sess ion
• "The Impact on Cities ol the Technologi cal
Revol ut ion ol the '70's"
• "M uni ci pal Manpower Goa ls of the '70's"
• "New Dimensions i n Citizen P.utici pation
in the '70's"
EVENING Open
THURSDAY, DECEMBER 4
MORNING Concurrent Interest Group Sess ions:
• "He lping the Smaller Cities Face the '70 's"
• "Realizi ng the Potential of the Model Ci t ies
Concepts in the '70 's"
• "Making Polit ical Instituti ons More Respon-
sive i n the '70 's"
• "Minimizing Congestion in the '70 's"
LUNCHEON For All Delegates
• "Cities in the '80 's-A Perspective "
Lad ies Luncheon Session with apecial program
AFTERNOON Annual Busi ness Session
EVENING General Reception, all da legat .. and apouaes
Annual Banquet
Adjournment of the Congreaa of Cities
FRIDAY, DECEMBER 5
ALL DAY Tours
OpCH)rtnu ih•• will ~ availab l • to elgn up tor 111\on
tou,. 1n and ato~.t n d th• $WI D•eeo a rea l n order \0
vi 1111 m~.tn icipal po)l nta of lnler••• or ju_. lillf\ .... lnt.
NATIONAL LEAGUE OF CITIES
CITY BUILDING, 1112 K STREET N.W. WASHINGTON, D.C. 20001
Pres ident
C. Beverly Briley
Mayor of NashV ille,
Tennessee
I
Patrick Healy
E .. curi ve Director
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APPUCATION FOR
HOUSING ACCOMMODATION
(Plea .. read the follow lnQ , then Ill/ out,
Mtach and ma." the poatal card attached)
GENERAL INFORMATION
• San Diego (popu lation: 700 ,100) enjoys a pictur-
esque, natural, geographical setting . Its harbor, its
Inland bays , islands and valleys provide a natural,
relaxed style of living . Its hotels and motels capi ta lize
upon this and cluster In its four most scenic and con-
ven i ent areas . See enclosed area map (Downtown,
Missi on Valley , Miss ion Bay , and Shelter Island).
• S,.cial room rates have been obtained at each of
the 22 cooperating properties. Delegates wishing to
come early or stay late can enjoy these same rates .
Transportation fare bargains are available If the trip is
apllt between two week periods . Return flights via the
Caribbean, Mexico City , other major U.S. cities for
allghtiy additional fares. Contact local travel agent.
CONGRESS OF CITIES HOUSING PLAN
• Thera will be no headquarters hotel at the 1969
Congress of Cit i es . Registration , meetings, receptions
and official meal activities will be at the Community
Concourae Convention Centre , the headquarters,
llhown by a star aymbol on the downtown map.
• The City will provide bua transportation for delegates
from and to the Centra and the Downtown, the Missi on
Valley, and Miaslon Bay propertlea . When checking In,
delegates will be given orientation Information, bus
achedule, pick up polnta, and nearest Hoat City Area
Desk.
• Thole who plan to bring their car or to rent one
while at the Congresa of Cl tift are encouraged to use
the Inns at Shelter Island, which Ia a 10-mlnute drlvlllto
the Centre via Harbor Drive . A Hoat City Area Deak
will ba In one of theae Inns .
HOUSING RESERVATION PROCEDURE
• With 22 properties to chooae from , In 4 major areas ,
offering a wide range of room rataa , NLC 's Housing
Bureau requests that each delegala specify only the
preferencea for area and rata ranges (Columns A and
B only, attached postal card). Confirmation• will be
tailored to suit or cloaely approximately ao long as
choices last. All room rataa subject to 5 % tax. All
· arrivala af1ar 6 :00 P.M. should be guaranteed .
• Thoae who want to apecl fy a .apaclfic property can
do so . Merely write In the appropriate number (as
ahown on the map) on the attached card (Column C).
• General Information : Extra person range : $2-$4 ;
check-out time : 12 Noon-2 :00P.M. RasarvaUons should
be mad• by mid-November. Af1ar that. NLC'a ability to
hold blocks of rooma In raerva b8COmaa vary d iff icult.
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O FFICIAL
CITY CO UNCIL DOCUM ENT r:r. LL'?"·J Y-:l
ScP 2 '68
RESOLUTION No. -, 0 ' COUNCIL r .1 ;.:,~ .·I .. '> Vlb , ~ SERIES <UI'Y.lj6iNGL E W COO, CO L.(},
RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE
OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NE:lCI'
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER If ,
1969 , AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO
TAKE SUCH STEPS AS HAY BE NECESSARY TO PLACE THE SAME ON THE
BALLOT
WHEREAS, Article XX of the Constitution of the State of
Colorado and Section 8 of the Charter of the City of Englewood,
Colorado, authorize the City Council of the City of Englewood,
on its own initiative, to submit to a vote of the electors any
proposed amendment to said Charter, either by ordinance or reso-
lution duly adopted not less than thirty (30) days prior to the
election at which such vote shall be taken; and
WHEREAS, as a result of certain recent decisions rendered
by the United States Supreme Court, relating to the qualifica-
tions of voters in elections in which bond issues are involved,
, City Council deems it appropriate to refer to the qualified
electors of the City of Englewood, for their consideration, a
proposed amendment to Article X, Part III, Section 104 of the
Charter of the City of Englewood,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Englewood, Colorado, as follows :
1. That this Council should, and does hereby, refer to a
vote of the qualified electors of the City of Englewood, Colo-
rado, at that general municipal election to be held on Tuesday,
November , 1969, a proposed amendment to the Charter of the
City of Englewood, Colorado, which amendment shall read as
follows, to wit:
Article X, Part III, Section 104, of the Charter
of the City of Englewood, Colorado, is hereby
amended to read as follows:
"Section 104.
General Obligation Bonds--Indebtedness and ob-
ligations of the City shall be incurred and
limited as provided in Article XI of the Constitution
of the State of Colorado applicable to towns and
cities except as otherwise provided in this
Charter. Council shall have power to issue
general obligation bonds of the City for any
public capital purpose, upon majority ·vote of
the qualified electors of the City voting thereon
at a special election, provided, however, that ·
water extension and water improvement bonds may
be issued without an election upon a determina-
tion to that effect by Council. The total out-
standing general obligation indebtedness of the
City, other than for water bonds, shall not at
any time exceed three per cent (37.) of the
assessed valuation of the taxable property within
the City as shown by the last preceding assess-
ment for tax purposes. Maturity dates and terma
of the bonds, other than water bonds, shall be
as provided in the proposition submitted to the
qualified electors. W•ter bonds shall mature
and be payable as provided by the ordinance
authorizing the issuance of said bonds."
2. That the question to be voted upon at such election
shall read as follows, to wit:
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"Shall Article X, Part III, Section 104, of the
Charter of the City of Englewood, Colorado, be
amended so as to authorize all qualified electors
to vote upon the question of the issuance of gen-
eral obligation bonds of the City of Englewood,
Colorado, rather than limiting the franchise in
such elections to the taxp,aying electors of the
City, as is now provided?'
3. That the City Clerk and Election Commission of the
City of Englewood, Colorado, are hereby authorized and directed
to take such steps as may be necessary to assure that said ques-
tion shall appear upon the ballot at said election and, in re-
lation thereto, to exercise such po~rs and prerogatives as are
granted to them by Article II of the Charter of the City of Engle-
wood, Colorado.
Mayor
Attest:
City Clerk-Treasurer
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 Cit~:il of the City of Englewood at a regular •eting
held on '/1/ "_;;? , 1969.
City Cleii-Tieasurer
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TO: Williaa Bradley, Legislative Analyst, Deo.ar
Toa Coffey, City Manager, Port Colliaa
Stanley Dial, City Manager, EnaliiVOOd
George Pellowa, City Manager, Colorado SpriDp
Richard Gray, City Manager, Grad JUDction
lon Hellbusch, City Manager, BriahtOD
Olarlaa Jtlarich, City Hanapr, Lon..,at
!led w. Phye, Jr., City Hanapr, Westaiuter
Leloy Schindler, City Manager, La JUDta
Ted Tedesco, City Manager, Boulder
Richard Thoua, City Manager, Arvada
Fred Weiabrod, City 1-laoager, Pueblo
lobert o. Wrilt!t, City Manager, Aurora
nc:lf: Dick KacRavey, Executive Director
SUBJECT: HLC CODgreaa in San Diego, California, Dacnber 1-5, 1969
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DArE: Ausuat 29, 1969
L
Since your city has, over the years, had rspresentati.as atteodinl tbe RatioD&l
Leap of Cities Annual Congress, it 1e the desira of QfL Praaidellt larl C:.raOD
that each delegate attending this year's CODaress be aasiped aa a _..r of a
stmding NLC c~ittee or aa a _.,er of the Colorado votina cleleaation. tbera
are 27 co.aittee assignments available, 10 voting aasisa-enta available .ad 10
altamate voting assignments available. The stadinl cOiaittees, 1Dcideatally,ara:
eo..unity lelationa
Municipal GovernJDent ad Adainiltration
Transportation
International Municipal Cooperation
Natural Resources
Huac~ lesource Da.alo.-et
<=-~Dity DeYelopMftt
Pllblic Safety
laYeDue & Finane•
/' Leaaue Pruident Carson would like to appoint Colorado -icipal officials who
are dtftDitely aoing to attend the San DiaF MetiD& to either a c~ttee
/' aasi~nt or voting assignment. We would, therefore, appreciate heariDa froa
you aa to who from your city ia aoinc to attend the Sm Dieao KLC ••tina
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(De caber 1-5, 1969}, and what particular aasipMnt 1Dtareata th-the •at.
In the cue of comaittees, we would appreciate thrae or four preferences by
each penon.
We shall look forward to hearing froa you OD this uttar not later than
s.,~r 15, 1969.
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TO: Hanagera or Clerb of Cities and Towna Served by Public Service Comr-ny
FR<»>: League Staff
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SUBJECT: Propoeed Rate Increaaea and Adjua~ta by Public Service eo.p.ny
DATE: Auguat 29, 1969
* THIS REQUIRES Pll~ ACTION BY YOUR COUNCD. Ott !lOUD OP TIDI'I'DS
Nature of G!neral Rate AdJustments. On July 3, 1969, Public Service Company of
Colorado (Company) filed with the Colorado Public Utilities Commiaaion (PUC) tariff
eheets providing for a general increaee in gae ratea and for adjuet.ente (primarily
reductions) in electrical ratee in certain areaa. Wholesale power rates are not
affected, according to a Company spokesman. Accordins to Company fisurea, the
proposed rates would result in an "-~n!!.-!.1 decr~_9f_.agpr~x11M.t.!.U 1.11.885,000 in
~ectric~e and an increan of a roximatel 3 250 n !:!YeDUJ :-··-
reaultlng in an annua net ncreaae o approxt.ltely $1,365,000 to the Company.
According to a Company source, approval of the proposed ratea would ultimately
reeult in ~creaetna the Compan7'• authpri&cd rate of return from appro!~Y
6.351 to 7.5!. The PUC hae euapended theae propoeed ratea pending a hearina
~cing October 23, 1969, before the PUC in Denver,
Nature of Surtax Rate. In addition, on Ausuet 18, 1969, the Coapany filed vith the
PUC tariff sheets which would enable the Company to surcharge on consumer bill•
(except charges for wholesale power) the coet to the Ca.pany of the lot federal
income aurtax. This amounte to an electric rate increase of 1.9981 and a aaa rate
increase of .671t. These tariffs would surcharge the federal surtax from
September 1, 1969, to December 31, 1969, unless extended by the PUC in the event
that the federal surtax ia extended. According to Company figures, baaed upon a
test year ending June 30, 1969, the Company's revenue would be increaaed an
estimated $2,338,000 annually, or approximately $800,000 for the balance of 1969.
Upon authorization of the League Executive Board, the League General Counsel on
Auguet 27, 1969, filed a pe tit ion with the PUC requeeting it to auepend the proposed
t arif f aheete relating to the eurcharge pending a hearing to determine whether the
propo sed increaee is ne c e s sary and justified. The League took no position on the
me r i ts o f the eurcharge other than that it ehould not be allowed to go into effect
until the PUC can de te rmine whether the surcharge ie neceeaary for the Company to
r e alize its authorize d rate o f return. The City and County of Denver filed a
s i milar petition on August 28. We are happy to report that notice hal 1uat been
r eceived that the PUC has denied the Company 11 application to eurcharae the
fe deral eurtax. Thus, this iseue is reaolved unless later raiped in connection with
the general rate adjustment proceeding.
Purpose of Memo. The purpose of thia memo is to (1) apprise member cities and towna
which are served by the Company with either gas or electricity or both gae and
electricity of the nature of the proposed rate adjuatmenta, and (2) to ascertain
(over)
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the two pbuea iaYolftCI lDto a dqla h .. rq. 'l'MH otber pi'OCHCillala couutecl
of a Pbaae I hearllla lD which a cletenlutiou wa .U. aa to the rate beM (property
value) of the COIIp&QJ aDCI the rata of ratun wbicb the CallpeDy would be aatbor1M4
to realua ou the nte bua. Bav1Jia aacartaiMc! tbu, a lbaae II hearq .a bald
lD which the una -• the falneaa aad reaaODablHeaa of ncaa filed to nalua
the autboriaecl rnnue. Ill tbe piDillDa appU.catloD, bOII&ftr, the Ca .... , baa
cllnctlJ filed for rata lDcraaHI alcb, if allo.ecl, would neDtulllJ aatbodH
the CallpeDJ a rate .. of retum after ta•• of 7.51. (!M c:a.p.ay'a pn...C
autboriHd nte of retun. 1a about 6.351.) Pre.-ably, dete~tioD of the
allo.eble nte baae aad rate of ntun. will 1D _, .,.., be uceaNrJ Mfore the
I'UC couidera apecific rate cbaa&ea.
1M LNpe coulcl aot participate lD tboH aapecta nlatq to apeciflc rate
acljuat.nca. for e...,le, with napect to tM propoa .. electric ratu, tbe iDtenata
of Dlllftr differ froa tboH of the aubuna cit1ea aad tbe 18cenata of tlaoee
c-s.ttaa aow nclivllal the lCIIIIer ratea of tM fonar c.tral IWill' ... J.ilbt
-;~::differ froa tboee of both Deaftl' aad tbe otblr aubul'ba cav t.tiea. n , aa 1a the Tete,llaM ..... die ........ wtca..c ...,_lvt..lil kMif fa I ...t1t.at
of t.at.nat, could participate lD tba IIUIItlcu of (a) tbl eppnfl'iete rate bul of
tbe CollpuJ, (b) the appropriate nee of ntun of c• ec.,a,, _. (c) d1etrtlNUoa
,. of rate cbapa to the acne tMt tile Laque'a poeitlca dola Mt r... .-
•
i lltt.aa GNr otbera. AI to tile ...-au.oa of .,..us. rate .. juc.aata
t apec U.tt.aa, to tile .. tn-t of ott.. -iei,alt..tt.aa,
.af.ci,alltt.aa daairq to partt..dpata 1D tba bauf.llp would llew to M n,n .. c ..
iMiYW.11y or 1D II'08fe of citt.aa beriq at..llar iaanata.
MS'e lewat-' of Cltya 114 r-:s· ... 10114 u a Mlf•aMnued ,..caaM ....
wlat.cla Mob -iclpallty u ~ft to ... lc&Cf .... .._ it will or wt..ll Mt
pal'tieipate tbl'oulh tbe ....... 1a tlaia •tter. r ..... t.a 1aql part .,_ n.,....
to tlaia .-.u. ... t.n. tM ..... uw a-N wt..U ._... a fiaa1 .. tlniiMt&. aa to
wlaether the._... wt..ll panie..,.te t.a tile JCidad• .... 1MM -iei,a1kt.ae
apnaaf.llt a ... in to partlcifate t•OIIIIa the IMpe will M lftllfC17 MtifU. of
tba •••U.w Joan'• dacia&.. 1M eM1_.. ~ .... w M n~ ce tbe ·
Leap ......_l'ten DOt later tbaa friday, ..,t.~ll' It, lNt.
-.ld ,_ ... in_, otller iafonaUoa or...,.. .,..u~c .-atlcu, ,_ •1 coataot
Diak MM~afty, ._..tt..w Dinctor, or &n lueabe, a-ni c-1 at ......
....... rtera.
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GLEWOOD , COLORADO B 01 10
O"ICI 0'
CA.III llltVICI
J SOUJH llAFI STIIIT
PHONI 761·1140
Members of City Council
Career Service Board
City of Englewood
Englewood, Colorado
Gentlemen:
August 14, 1969
LO
Attached are "Letters of Understanding" signed by
representatives of the Firefighters Association, the
Police Association and the Employees Association, and
each association has advised their people. All Ass oci-
ations have agreed to the benefits and the conditions
ot these "Letters of Understanding". All three City
otficiala also concur by their sigpatures that they
are in agreement with the conditions and benefits of
these programs .
A brief out.ine and breakdown of the cost of these
variou. items are approximately as follows:
~,014 -Fire Department pay increases
5,000 -Cleaning allowance for Police Department
43,550 -Health insurance, General Fund
16,450 -Health insurance, Utility Fund
43,550 -Pension program, General Fund
16,450 -Pension program, Utility Fund
$169,014 -Total
Mr. Dial, Mr . Criswell and myself re comm end to the City
Council and the Career Service Board favora.ble consi dera-
tion of all these items.
Respectfully submitted,
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August 11, 1969
LETTER OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE ENGLEWOOD POLICE ASSOCIATION AND
CITY OFFICIALS
The following is a letter of understanding that has been concluded
through mutual discussions betweem members of the Englewood
Police Association and City officials.
It is agreed that the City will pay the single rate for health
insurance comparable to Blue Cross-Blue Shield's Comprehensive
and Preferred 90 plan.
It is agreed that the City will provide for the cleaning of six
(6) winter uniforms per month during the winter season and for
the cleaning of ten (10) summer uniforms per month for the summer
months. The period for wearing each will be as required by the
Chief' o1' Police.
We cannot assure any conversion of sick leave, but will recommend
that the "limit" on sick leave b& ex tended during 1970.
It is agreed that the above bene!'its will go into effect on
January 1, 1970 and that this will constitute the total wages and
1'ringe bene!'its !'or the calendar year of 1970. However, it is
agreed that discussion on a wage and fringe benefit program may
commence at any tiD~ deemed necessary by the Police Association
or the City Adndnistration with the understanding that any such
wage and fringe benefit program agreed upon would not go into .
e1'1'ect until 1971.
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August 11, 1969
LETTER OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE ENGLEWOOD FIREFIGHTERS ASSO CI ATIO N
AND CITY OFFICIALS
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The following is a letter of understanding that has been c oncluded
through mutual discussions between members of the Englewood Fire-
Fighters Association and City officials.
It is agreed that the City will pay the single rate for health
insurance comparable to Blue Cross-Blue Shield's Comprehensive
and Preferred 90 plan.
It is agreed that the pay scale for the Fire Department will be
as follows:
0-12 months
13-24 months
25-36 months
37 or more
Lieutenant
Captain
$543
628
693
727
842
884
We cannot assure any conversion of sick leave, but will recommend
that the "limit" on sick leave be extended during 197 0.
It is agreed that the above benefits will go into effec t on
January 1, 1970 and' that this will constitute the t o tal wages and
fringe benefits for the calendar year of 19 70. However, it is
agreed that discussion on a wage and fringe benefit program ma7
commence at any time deemed necessary by the Firefighters Associa-
tion or the City Administration with the understanding that any
such wage and fringe benefit program agreed upon would not go into effect until 1971.
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August 8 , 1969
LETTER OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF THE ENGLEWOOD MUNICIPAL EMPLOYEES'
ASSOCIATION AND CITY OFFICIALS
The following is a letter of understanding that has been concluded
through mutual discussions between members of the Employees'
Association and City officials.
It is agreed that the City will pay the single rate for health
insurance comparable to Blue Cross-Blue Shield's Comprehensive
and Preferred 90 plan.
It ia agreed the City will set up a pension program by ordinance
designating a pension committee and the rules the pension
committee will operate under. This has been agreed to by your
present representatives and the Pension Committee which has been
working toward this goal for the past several months. Basically
this pension program consists of a 5~ City contribution and a
matching 3~ employee contribution. This is in supplement to the
social security benefits.
We cannot assure any conversion of sick leave, but will recommend
that the "limit" on sick leave be extended during 1970.
It is agreed that the above benefits will go into effect on
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January 1, 1970 and that this will constitute the total wages and
fringe benefits for· the calendar year of 1970. However, it is
agreed that discussion on a wage and fringe benefit program may
commence at any time deemed necessary by the Employees' Association
or the City Administration with the understanding that any such
wage and fringe benefit program agreed upon would not go into
effect until 1971.
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0 F F I C b~~UMENT
C ITY cOU C!~ .. -.-, pr
SEP ? '69
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
AUGUST 18, 1969
l:. 1 .;G FI LE
coU NCIL M. ~OOD C OLO.
CI"I'G OF. ENGLE '
REGULAR ME ETING :
The City Council of the City of Englewood , Arapahoe
Count y , Colorado, met in regul a r session on August 18, 1969,
at 8 :00 P .M.
Mayor Schwab , presiding , c alled the meeting to order.
The invoc ation was given by Mr . Stanley H . Dial, City
Manager. Pledge of Allegia n ce was led by Boy Scout Troop No. 333 .
The Mayor asked for roll call . Upon the c all of the
roll, the fo llowing were present:
Councilmen Parki nson, Lone, Kreiling, Dhority , Brown,
Schwab .
Absent : Councilman Lay.
The Mayor declared a quor um present.
Also present were: City Manager Dial,
Assistant City Manager Mack,
Assistant City Attorne y Donovan.
* * * * * *
COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED ,
THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 1969, BE
APPROVED AS READ. Upon the call of the roll, the vote re sulted
as foll ows:
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority,
Brown, S chwab.
Nays: None.
Absent: Councilman Lay.
The Ma y or declared the motion carried.
* * * * * *
Mayor Schwab recognized Mr. G. E. Stacy, 3900 South
Sherman Street, from the list of "Special Citizen Program
Invitees ."
Mr. Stacy stated that the meeting was very impressive
and that he would like to comment on the City's one-way street
pattern. Mr. Stacy stated that since South Sherman Street has
become one way more traffic is on the street, two accidents have
occurred at the intersection o f Mansf ield and Sherman, and problems
have resulted with chi l dren crossing the street to attend Maddox
Elementary School and Englewood High School. Mr. Stacy stated
that in order to alleviate these prob lems the City should con-
sider the elimination of South Sherman Street as one way or the
installation of tra ffic signals at the intersection of South
Sherman Street and West Mansfield Avenue.
Mayo r Schwab stated that this matter would be looked
into .
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Bid tabulations for a temporary structure to house
the fire a eri al apparatus were received for the record .
City Manager Dia l reviewed the bids and stated th a t the
low bidder was Architectual Steel Building Comp a n y Inc ., which
han dles an Armco met a l building , in the amount of $5,900 . Mr .
Di al stated that Architectual Steel Building Company Inc. gave
no deduction if the City were to elimin at e a liquidated damage
provision that is i n the basic bid which states that they would
be penalized $100 a d a y , each and every day after October 20 ,
1969. This is based on their receiving a n order within a few days .
Mr . Dial stated that completion of the building should be within
60 calendar days from the no ice to proceed and that if an order
was placed this week, shipment would be the week of September
8, 1969 .
Mr. Douglas C. Severn, Fire Chief , appeared before
City Council and dis ussed the bu~lding which would contain the
fire aerial apparatus.
COUNCILMAN PARKINSON MO VED, COUNCILMAN LONE SECONDED,
THAT THE BID OF ARCHITECTUAL STEEL BUILDING COMPANY I NC . IN THE
AMOUNT OF $5,900 BE ACCEPTED AS LOWEST AND BES T AND THAT THE
MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY CON-
TRACT DOCUMEN TS .
City Manager Di al stated that the bid specifications did
not call f or a performan ce bond and that if the Cou n cil wishes to
have a performanc e bond , Architectual S tee l Building Company Inc .
will purchase one at the C ity~s expens e of $59 . Mr . Dial r ecom-
me nd e d tha t such a bond b e obtained .
COUNCILMA N PARKINSON MOVED, COUNCILMAN DHORIT Y SECONDED,
THAT AN AMENDM ENT BE ADDED TO THE ORIGINAL MOTION STATING THAT A
PERFORMANCE BOND AT AN EXPENDITURE OF $59 BE OBTAINED . Upon the
call of the roll, the vote resulted as follows :
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority ,
Brown, Schwab.
Nays : None .
Absent: Coun ilman Lay .
The Mayor declared th e motion carried.
* * * * * *
A memorandum from Mrs . D. A. Romans, Planning Dir ector ,
regarding the Columbine Freeway was received f or the record .
A memorandum from Mr. James Hammond, Traffic Engineer ,
regarding the ne essity for a traffic signal at Amherst and South
Broadway was rece~ved for the record .
City Manag er Dial stated that the conclusion of the
traffic study was U1a the TOPICS money that the State will be
providing may help oordinate he traffic signals at the inter-
sections of Yale Avenue and Broadway and Bates Avenue and Broadway.
Therefore, any traffic signal 1nstallation at the intersection of
Amherst Avenue and Broadwa y should wait until the coordina tion
of the other signals goes into ffec and i s outcome is determined .
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A memorandum f r o m th e Bq ard of Adjustment a n d Appeals
rec o mm e n ding a n encroac hment a t 3 47 5 South Pen n s ylva ni a Str eet
wa s r e c e ive d for the rec o rd .
COUNCILMAN DHORITY MOVED, COUNCILMA N BROWN SECONDED,
THAT THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS
FOR AN ENCROACHME NT AT 3 47 5 SOUTH PE NN SYLVAN I A ST REET BE ACCEPTED.
Discussion ensued.
COUNC I LMAN LONE MOVED, COUNCILMAN PARKINS ON S ECOND ED,
THA'r THE RECOMMENDAT I ON OF THE BOARD OF ADJUSTME NT AN D APP EALS
BE TABLED FOR FURTHER CONSID ERATION. Up o n the c a ll of the roll,
the vote resulted a s follows:
Aye s: Councilmen Parkinson , Lone , Kre i ling , Dh o rity ,
Brown , Schwab.
Nays: None .
Absent: Councilman Lay.
The Ma yor declared the motion ca rried.
* * * * * *
The minutes of t he Planning a nd Zoning Commission
meeti n gs of July 22 and August 5, 1969 were received for the
r ec ord .
* * * * * *
The July, 1969 fin anci al report was rec eived for the
record.
* * * * * *
City Manager Dial presented a map showing the s egment s
of two alleys wh ich are proposed to be vacat ed . Mr. Dial sta ted
that one proposed vac at i on r esult ed fr om a r ecommend a tion of the
Planning and Zoning Commission and the other f rom a request of
Mr . Cha r l es Bush , owner of the Dry Cr eek Shopping Cen ter , to
vacat e a 25-foot section of the Logan-Grant a lley in the 3500
block.
Ass i stan t C1ty Attorn ey Donov an stated t h at in r egard
to t he latter request, Mr. Bush h as given the City of Englewood
a perpetual e a seme n t mak ing the proposed v a c a tion effective.
(This is a stipulation in the proposed bill for an ordinance
v a cating the a lley .)
Introduced as a Bi ll b y Councilman Dho rity and read in full.
A BILL FOR
AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS
WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHI BLOCK 4, BIRCH'S
ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD ,
STATE OF COLORADO .
COUNCILMAN DHORITY MO VED , COUNCILMAN LONE S ECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST
READING AND ORDERED PUBLISHED IN FULL IN THE ENGLE WOOD HERALD AND
ENTERPRISE. Upon the c al! of the roll, the vote resulted as
fol lows :
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Ayes: cou ncilme n Pa r kinson , Lon e , Kr e i ling, Dhority,
Brown, S c hwab.
Nays : None .
Absent : counc1lman Lay.
The Mayor declared the motion carr1ed.
Intro duced a s a Bill by counc1lman Dhori y and read i n f ull.
A BILL FOR
AN ORDINAN E VACATING A CERTAIN PUBL I C AL LEY, ACCESS WAY
OR RIGHT OF WAY PRESENTLY EXISTING WITH I N BL OCK 3 , BIRCH'S ADDITION
TO BROADW AY HEIGHTS, SECOND F I LING , CITY OF ENGLEWOOD , STATE OF
COLORADO, AND RETAI NING AN EAS EM EN T FO R UT ILITIES.
COUNCI LMA N DHOR ITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE PROPOS ED BI LL F OR AN ORDINANCE BE PASSED ON FIRST READING
AND ORDERED PUBL ISHED IN FUL L IN THE ENGLEWOOD HERALD AND ENTER -
P RISE . Up o n the call of the rol l, the v ote r e s ulted a s f o llo ws:
Ayes: Councilme n Pa r k inson, Lone, Kre i ling , Dh ority ,
Brown, Schwab.
Na ys : No n e .
Abs e n t : Counc ilman Lay .
The Mayor d ec lare d the motion c arried .
... * * * * *
Introduc e d a s a B1l l b y Coun ci lman Lone and read in full.
A BILL FOR
AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT
STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY KNOWN AS
"SOUTH PECOS STREET " FROM THE POINT OF ITS INTERSECTION WITH WEST
TUFTS AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS
OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY
KNOWN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD, COLORADO,
FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS INTERSECTION
WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET", EFFECTIVE
12:01 A .M. ON THE FIRST DAY OF JANUARY, 1971 .
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDEn, THAT
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST REAuiNG AND
ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE.
City Ma nager Dial s tate d that he had previously been
asked to i n f orm Arapahoe Count y and the City of Sheridan of the
City 's in e n t to r e name South P ecos Street and South Santa Fe
Lane to S outh Wi n de r me r e S treet . Mr . Di al st a ted that he had
r ece i ved a pproval from b oth e n tities and r e a d a letter from Mrs.
Hutcheso n , City Clerk for the City of Sher1 dan, s t ating such .
Upon the call of the roll , the vote r e sulte d as follows:
Ayes: Counc1lmen Parki n son, Lone, Krei l i ng, Dhority ,
Br ow n, S h wab.
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Nays: None.
Absent : Counci l man Lay .
The Mayo r declared the motion carried .
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RESOLUTION NO . 28 , SERIES OF 1969
RESOLUTION APPROVING A MASTER PLAN FOR THE CITY OF
ENGLEWOOD, COLORADO ENTITLED "THE COMPREHENSIVE PLAN FOR ENGLEWOOD,
COLORADO , 1969 ."
(Copied in full in th e official Resolution Book .)
COUNCIL MAN PARKINSON MOVED, COUNCILMAN LONE SECONDED,
THAT RESOLUTION NO. 28, SERIES OF 1969 BE ADOPTED AND APPROVED .
Discussion e nsu ed .
Upon the call of the roll, the vote resulted as f ollows:
Ayes: Councilmen Parkinson, Lone , Kreiling, Dho rity,
Brown, Schwab.
Nays: None.
Absent: Councilman Lay .
The Mayor declared the motion carried.
* * * * * *
Assistant City Attorney Donovan reported on the liti-
gation of Mr. Robert E. Moody, 2352 West Harvard , for his failure
to comply with the Englewood Housing Code. Mr. Donovan stated
that at the court hearing on the contempt citation he could not
fully advise the court of the situation as the building inspectors
were not allowed on the property. Mr. Donovan stated that the
court ordered Mr . Mood y to let the building inspectors inspect
his property and that he was waiting for a written report f rom
the Building De partment in order to give the c ourt the exact
status of Mr . Moody's compliance with the Code.
* * * * * *
Assistant City Attorney Donovan reported on the liti-
gat~on of Mr. Oliver S. Kingsley, 235 0 South Tejon. Mr . Donovan
stated r.hat three suits we re pending against Mr. Kinsley. The
fi rst one concerns the cleaning up of his p roperty . Mr. Donovan
stated that the court has given Mr. Kingsley a stay of execution
(90 days) in which to cle an up his property a t his own expense
and that if any d~sagreement should occur between the City and
Mr. Ki ngsley as to what items constitu te junk , both parties should
resolve the discrepancy themselves. If unable to do so , the
matter should be g~ven to the cour for spec~fic d etermination.
As s istanl C ity At orney Donovan stated that a question
had been rais d reg arding wh ther or not the City would incur
any liability as a r e sult of the 90 days given Mr. Kingsley since
a) Winslow Cons ruction Company had moved in equipment to clean
up th e proper y a f w d ays before the stay of execution and, con-
sequently, mov d i ou and b) because of the contr ac t the City
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had entered into with Mr. Winslow. Mr. Donovan stated that he had
been advised b y Mr. Wi nslow th at if the or i ginal c ont ract and the
bond which had b een p osted were returned to him, he would call the
enti re mat ter as being null and v oid a t no expense to the City
or Mr. Kings l ey.
Discussion e n s u e d.
Assis t a nt City Attor n ey Donovan brie f ly discussed two
other Kingsley matters which include the Federal court c a se liti-
gation and the subdivision litigation in which the c ourt stated
that the City cou ld not restrict the fre e conveyance of property .
* * * * * *
Ci t y Manag er Dial form ally pr e sented the City Manager's
Recomme nd ed 1970 Budget to the council.
COUNCILMAN PARKINSON MOVED , COUNCILMAN KRE ILING SECONDED,
THAT THE CITY MANAGE R'S RECOMMENDED 1 970 BUDGET BE ACCEPTED AND
RECEIVED FOR THE RECORD AND THAT A PUBL I C HEARING ON THE PROPOSED
BUDGET BE ESTABLISHED ON SEPTEMBER 2 , 1969 AT 8:00 P.M. AT CITY
HALL .
City Manage r Dial stated that copies of the proposed
budget ar e on file with the officia l records.
Upon the call of the roll, the vote resulted as follows:
Ayes: Coun cilmen Parkin son, Lone, Kreiling, Dh ori ty,
Brown, Schwab.
Na ys : None.
Absent: Councilman Lay .
The Ma yor d ec lared the motion c a rried .
* * * * * *
City Manager Dial gave a brief report on the status of
the De partment of Finance's a ccounting ma chines . Mr. Dial stated
that bids were previousl y received on a lease a rrangement for
an account i ng ma chine and tha t awa rd of the contrac t went to the
Burroughs Corporation. However , because of their f ailure to
deliver the machi ne in the time specified , t he c ontract was
c ancelled . Mr . Di al stated tha t discussions with the National
Cash Register Company we re c ommenced shortly after cancellation
and that th e City has b een able to obtain an a ccounting ma chi ne
f rom th at firm on a straight-lease basis. The lease payments
a re comparable to the original bid. Mr. Dial also stated that
inte nsive re s e arch reg arding the feasibility of a combined data
proces sing ce nt e r with other area communities was being under-
taken b y Di r ector of Finance Lyon.
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Ci t y Manager Dial r e quested authorizati on fo r an out-
of-state trip for Fire Chief Sovern and three men to inspect an
aerial platform truck from August 1 9 to August 21, 196 9 . Mr.
Dial stated that the cost of the trip would not e xceed $200.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED ,
THAT AN OUT-OF-STATE TRIP BY F IRE CHI EF SOVERN AND THREE MEN TO
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INSPECT AN AERIAL PLATFORM TRUCK FROM AUGUST 19 TO AUGUST 21, 1969
AT AN EXPENDITURE NOT TO EXCEED $200 BE APPROVED. Upon the call
of the roll, the vote result ed as foll ows:
Ayes: Councilmen Park in son, Lone, Kreiling, Dhority,
Brown, Schwab.
Nays: None .
Absent: Councilman Lay.
The Mayor decla red the mo tion carried.
* * * * * *
A summary o f the proposed City of Englewood pension
plan was received for the record.
* * * * * *
City Manage r Dial reported that Mr. Douglas Porter from
the De partment of Housing and Urb an Deve lopment visited the City
last week and reviewed the City's parks and discussed the Western
Slope De velopme n t Project wi th Director of Utilities Carroll.
City Manaqer Di al stated that he discussed with Mr.
Porter the Open Space Second Amendatory Contract and a letter he
had received from Mr. T r avis Wm. Miller of the Department o f
Housing and Urban Development which stated that because Open Space
funds were limited, the City 's Open-Space Grant could not be
increased to its original appraisal. Mr . Dial also stated that
he discuss e d wi th Mr. Porter th e a cquisition of park land fr om
another governmental ag ency and read excerpts from his letter to
Mr. Mill er dated Au gu st 15, 1969 pertaining to same.
* * * * * *
City Manager Di al reported on the seal c oat ing of
Englewood streets by Arapahoe County.
* * * * * *
City Manage r Di al stated that he had been asked to
attend the meeting o f the Western Conference o f the Council
of State Governments, S eptember 8, 9, and possibly 10, which
will be composed of 13 western states.
* * * * * *
City Manager Dial reminded members of Council of the
National League of Cities' conference which will b e held in
San Di ego, California, December 1 to 4, 1969.
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City Manager Dial gave a brief repor t on the condition
of the Miller property, 4089 South Acoma. Mr. Dial stated that
a n otice was given to Mrs . Mill er on August 11, 1969 calli ng for
the removal of the litter from her property on Ac oma within 30
days and that Acting Chief Building Inspector Hamilton reiterated
to her personally the intent of the notice.
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Councilman Lone requested that a resolution or the
necessary papers be prepared for Council's consideration at the
next City Council meeting in order that an amendment to the
City Charter could be placed on the November 4 , 1969 General
Municipal Election ballot regarding the remo val of the "ta xpayer
only" qualification for voting in general obligation bond elections
as recommended by Mr. Bill Lamm of Willson and Lamm, bond counsel
for the special storm sewer bond election .
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Councilman Kreiling stated that he and Councilman
Dhority had selected Mr. Bruce M. Heider of Walter E. Heider
and Compan y , 300 East Hampden Avenue, as the auditor for the
coming year.
MAYOR SCHWAB MOVED, COUNCILMAN KREILING SECONDED, THAT
MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, 300 EAST
HAMPDEN AVENUE, BE AP POINTED AS AUDITOR FOR 1970. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority,
Brown, Schwab .
Nays : None.
Absent: Councilman Lay.
The Mayor declared the motion c arried.
* * * * * *
Councilman Brown inquired as to whether or not the
Citizens Committee on Englewood's storm sewer drainage problems
could start moving ahe ad with plans for a special storm sewer
bond election.
Councilman Lone stated that b y adopting a resolution
as mentioned , this should give the citizens an indication of
Council's intent to go ahead with the bond election .
* * * * * *
Cou ncilman Brown inquired if any applications had been
received for the City Attorney's position .
received.
Mayor Schwab stated that one application had been
* * * * *
Mayor Schwab reminded members of Council of the
Englewood Employees' Annual Picnic on Thursday, August 28, 1969
at 4 :30 P.M. at Englewood-Belleview Park.
* * * * *
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
TH~ MEETING BE ADJOURNED. Upon the c all of the roll, the v ote
resulted as follows:
Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority,
Brown, Schwab .
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Nays: None .
Ab sen t : Co u n c ilman Lay.
The Mayor decl a red the mot i on carried and the meeting adjourned
at 1 0 :06 P.M.
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IN THE DISTRICT COURT OF'FICIAC
CITY COUN CIL DOCUMENT
H[ Liilt4 -~ 0
IN AND FOR THE COUNTY OF ARAPAHOE SEP 2 '69
STATE OF COLORADO
Civil Action No. 27230
NATIONAL TEA CO,, d/b/a
DEL FARM CO,,
Plaintiff, •
vs,
CITY OF ENGLEWOOD, a Municipal
Corporation existing under the
Constitution and Laws of the
State of Colorado, CITY COUNCIL
OF THE CITY OF ENGLEWOOD, ELMER
SCHWAB, DALLAS DHORITY, JOHN LAY, )
J, LOUIS PARKINSON, JOHN CREILING, )
RICHARD LONE, and HOWARD BROWN, )
as members of and being and con-)
stituting the City Council of the )
City of Englewood, )
)
Defendants. )
CO UNCIL M ECTI NG FILE
CITY O F ENGLEWOOD, COLO.
JUDGMENT, DECREE
AND ORDER
This matter coming on to be heard upon the petition in
the nature of certiorari filed by the above mentioned plaintiff
to review a decision of the City Council, City of Englewood,
Colorado, denying an application of the plaintiff for the issu-
ance of a fermented malt beverage 3,2 beer license at 4160 South
Broadway, Englewood, Colorado for sale of 3.2 beer by the package
for consumption off of the premises, The defendant filed a
record of the proceedings.
IT IS STIPULATED that the applicant is fully qualified and
has done everything legally required for the issuance of said
beer l icense, and,
The parties stipulated that the sole question is whether,
ba s ed upon the evidence at said hearing and the stipulations of
counsel, the City Council abused its discretion in finding that I • •
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the reasonable requirements of the ne ighborhood ar~ pr~•~ntly
being met by the existing outl~ts and that th r w auf f ici ~nt
desire for the granting of the appli c a ion in rhood.
The Court finds:
l. That the parties have stipulat~d ha
by the pla i ntiff contained 566 signatur~• f vori ing
of said application by persons res i d i ng wi th in a bloc rad us
of said store at 4160 so. Broadway, and 269 s i gnatu res o f patrons
of said store who favored the granting of the application but did
not live within the 6 block radius for a total of 835 signatures
in favor of granting said application.
2. That said petition contained the following language:
"We the undersigned, each being at least twenty one years
of age, and residing or doing business in the"neighborhood
of 4160 So, Broadway, Englewood, Colorado, or being cus-
tomers of the store, have no objection to and support the
request of Petitioner, National Tea Co., doing business as
Del Farm Stores, for the issuance of a fermented malt bever-
age license to sell 3.~ beer by the package for consump-
tion off the premises at the Del F trm Store at 4160 so.
Broadway, Englewood, Colorado, and freely and voluntarily
sign the following Petition in support of said application
and state as follows: '
(1) That as inhabitants of the neighborhood surrounding
the store at 4160 So. Broadway, Englewood, Colorado or
as customers thereof, the undersigned desire that a 3,2%
beer license be granted to National Tea co •• doing business
a s Del Farm Stores, for said premises .
(2) That as inhabitants of the neighborhood surrounding
the st ore at 4160 so. Broadway, Englewood, colorado, or
as customers of the store and being familiar with the
neighborhood and the outlets selling alcoholic beverages
therein, the undersigned believe that as far as 3.?% beer
by the package is concerned, the neighborhood is not being
adequately served by the existing outlets and that there is
a definite need and requirement for an outlet at these pre-
~·
Opposing the granting of the license, 429 signatures were
presented of which 317 were from peraona living within a 6 block
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3. The cour t finds that the petitions were overwhelmingly
1n favor of granting the application.
4. The court has been furnished with a map showing the
oth r outlets, a n d the parties stipulate that to the south the
nearest outlet selling 3.~ beer is at 123 East Bellview, which
1s approximately a mi le and a quarter distant. That to the north
there is no establ ishment selling 3.~ within a distance of 2
miles. That to the east and west the same conditions exist.
That s a i d area is densely populated ..
5 . The Court f.inds that there are two 3-way outlets hold-
ing a hotel and restaurant liquor license selling spiritous
beverages by the drink within a 6 block area and 2 drug store
licenses which are authorized to sell package 6% beer within
said 6 block radius.
6. The Court notes that there is a difference between the
manner in which 3.~ and 6% beer are sold and regulations concern-
ing the same. For example, the 3.~ can be sold on Sunday whereas
6% cannot. 3.~ may be sold to persons 18 years of age and older
whereas 6% can only be sold to persons 21 years of age or older.
The hours of sale of such items are also different.
7. That there are no other outlets within a mile radius
from the plaintiffs as shown by the Englewood map and these facts
are stipulated 'by counsel:
8 . The transcript discloses 'that approximately 20 persons
appeared i n person who favored the granting of the application
and only 2 persons appeared in opposition, both of whom were
opposed to the sale of beer anywhere.
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9. The transcript discloses that applications by the Plaintiff
are made for 3.2 beer licenses only when need has ·been established
I
by repeated reque s ts from customers in this case 20-40 requests
per week for 3 .2 beer. That the number of such requests had con-
tinued over a number of years and was increasing. That the char-
acter of merchandising in the area had changed. That 75% of per-
sons contacted by the petitioners favored the granting of the appli-
cation.
10. That City council found:
"In addition, the evidence adduced indicated that there
are several package liquor stores, three-way liquor estab-
lishments and at least one 3.~ outlet within a relatively
short distance of the location requested in the application
and Council therefore finds and concludes that the reason-
able requirements of the neighborhood are presently being
met by the existing outlets."
The Court holds that Englewood City council findings and
resolutions are erroneous and not based upon the evidence and the
Council totally disregarded the evidence showing that the reason-
able requirements of the neighborhood were not being met.
The court is of the opinion that reasonable minds could only
conclude that the reasonable requirements of the neighborhood and
the needs of the inhabitants require the granting of the applica-
tion. Further, the City Council of Englewood has acted arbitrarily
and capriciously in denying the 3.~ license application and that
such action constitutes error. Accordingly, it is the judgment,
decree and order of ~he Court that the decision of the Englewood
City council denying a 3.~ beer license to National Tea co. be
reversed and that it is ordered that the Englewood City council
issue said 3.~ beer license to the National Tea Co.
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Done in open Court this _____ day of --------------------
1969.
on A.
torney for Defendants
755 s. Broadway
Englewood, Colorado
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BY THE COURT:
Judge
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.. OFFICIAL
CITY COUNCIL DOCUMENT nr--• •n,.., 'Tr)
EP ? '69
COU NCIL r.,LL.'olo G FiLE
CITY. OF ENGLEWOO D. COLO.
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF ARAPAHOE AND
STATE OF COLORADO
Civil Action No. 26647
CITY OF ENGLEWOOD, a Colorado ·
Municipal Corporation, l Plaintiff,
vs.
ROBER T E. MOODY, HANDA M. MOOD Y,
CIVIC LOA N CO MPA NY, a Colorado
Corporation, doin g bu s i ness under
the trade name of Civic Credit
Corp, and EVELY .' J. BARR as the
Public Trustee of Arapahoe County,
Colorado; and ALL OTHER Ui!KNOWN
PERSONS WHO MAY CLAIM AN INTEREST
IN THE REALTY DESCRIBED,
Defendants.
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THIS MATTER having come o n for hearing this the 26th day of
August, 1969, the plaintiff being represented by its attorney,
Edward G. Donovan, Esq, and the defend a nt s, Robert E. Moody and
Wanda M. Moody appearing pro se and the Co urt having heard the
testimony of the building inspectors of the City of Engle wo od
and of the defendant, Robert E. Moody, and being fully advisad
i n the pre m i s e s ,
DOTH FIND, that t he de f endants have not fully complied with
that Order of the Court entered on Au gust 26, 1968 in the following
particulars, to-wit:
1. The electrical service to the building located on the
premises known as 2352 West Ha rvard Avenue, Englewood, Colorado is
of insuffic ient capacity.
2. The floor furnac e is improperly and unsafely installed and
does not have au to matic con rols.
3. The gas piping is copper rather than rigid piping.
4. There is no hot water heater. I· •
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5. There is no bathtub or shOI'Ier.
6. The well installation is inadequate.
7. There is only · a toilet bol'll and no tank.
8. The plumbing is still attached to a septic tank and
sewer service is available.
9. The ceilings are in improper condition exposing only lath.
10. The foundation is crumbling and in need of repair.
11. There is inadequate structural maintenance in the floors
and the floor joints and supports are inadequate.
The Court further finds that the defendants have complied with
the Order of this Court entered on August 26, 1968, in the following
particulars, to-wit:
1. The roof has been repaired.
2. The chimney is not in dangerous condition.
The Court further finds that the aforesaid failure of the
defendants to comply with the previous order of Court was not a
wilful violation of that Court Order,
AND IT IS THEREFORE ORDERED ~ ADJUDGED AND DECREED,
1. That the Contempt Citation issued against the defendants
Robert E. Moody and Wanda M. Moody is hereby dismissed; and
2. That the ·defendants Robert E. Koody and Wanda M. Moody
shall vacate the premises known as 2352 West Harvard Avenue,
Englewood, Colorado, also described as Lots 3 and 4, Block 12,
Southlawn Gardens, Arapahoe County, Colorado, on or before
September 12, 1969, and said defendants and all other persons
in active concert or participation with them be and are hereby
enjoined fro m occupying or in ha biting said premises until such
t ime as t he above-describ e d de fects in the premises have been
eliminated a n d the dwe l l ing conforms to Ordinance No. 17, Ser ie s
of 19 6 6, of the City of E ng le ~1 ood, Colorado; and
3. That as soon as the ·defendants Robert E. Moooy and Handa
:1. :·1oody h a ve v a cat e d the aforesaid premises, the City of Fn ql c :·:oo d
shall b oar cl up and seal off the dwelling located on said premises
a nd r e n de r it in such condition that no one may enter said dwellino; and
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4. The defendants Robert E. Moody and Wanda M. Moody shall
make arran gements to have the above-described defects in the
premises eli minated and at such time as said arrangmcnts have been
made to the satisfaction of the chief building inspector for the
City of Englewood, Colorado, the said defendants may apply to this
Court for an Order opening said dwelling and allowing said repairs
to be made.
Dated this
August 26, 1969.
:
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day of August, 1969 nunc pro tunc as of
BY THE COURT:
Judge
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