HomeMy WebLinkAbout1970-07-20 (Regular) Meeting Agenda Packet-
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July 20, 1970 Regular City
Council Meeting
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8:00P.M.
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AGENDA FOR
REGULAR COUNCIL SESSION
July 20, 1970
Call to order, invocation by Msgr. Bernard Cullen of the Saint
Louis Catholic Church, pledge of allegiance led by Boy Scout
Troop No. 154, and roll call.
Minutes.
(a) Regular meeting of July 6, 1970. (Copies transmitted herewith.)
(b) Special meeting of July 13, 1970. (Copies transmitted herewith.)
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2. Pre-scheduled citizens and visitors.
(a) Recognition of "special guests" of the Council.
(b) Mrs. Charles Henning, 3074 Cornell Circle, will be present
on behalf of the Englewood Citizens for Effective Storm Drainage
and Flood Control to speak on the subject of the sales tax
increase.
(c) Representatives of Gordds Incorporated will be present to request
approval of the reissuance of the original Mexican Cafe Incorporated
liquor license at 4595 South Santa Fe Blvd. to Gordds Incorporated.
3. Public Hearing.
(a) A Public Hearing to consider the creation of Sidewalk District 1170.
4. Communications.
(a) A Memorandum from the Finance Director and the Director of
utilities relative to bids for the improvements to Sewer Digester
Number Two. (Copies transmitted herewith.) Also, a letter
from Herbert S. McCall of McC?ll-Elltngson analyzing the bids
for the project mentioned above. Mr. McCall will be present
at the Council meeting. (Copies transmitted herewith. )
(b) Financial report for the month of June. (Copies transmitted
herewith.)
(c) Report on the American Librarians Association Conference in
Detroit. (Copies transmitted herewith.)
(d) Minutes of the Retirement Board meeting of July 7, 1970.
(Copies transmitted herewith. )
5. City Attorney.
(a) A Blll on final reading adopting the Municipal Code by reference.
(b) A Bill for an Ordinance ammending the Municipal Code as it
relates to the distance-from-schools requirement for the
location of 3. 2 beer establishments. (Copies transmitted herewith.)
(c) A Bill for an Ordinance authorizing the,Water and Sewer Board to
permit certain encroachments over the City Ditch. (Copies available
at Council meeting. ) I • •
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Agenda for
Regular Council Meeting
July 20, 1970
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(d) A Bill for an Ordinance exempting certain merchandise from
bidding procedures. (Copies available at Council meeting.)
(e) Report on a law suit between the City and the Royal Indemnity
Insurance Company. (Copies available at Council meeting.)
(f) Attorney's choice.
6. City Manager
(a) License Agreement for City Ditch crossing of the Southwest
Metropolitan Water and Sanitation District.
(b) Report on fees collected for citizen-initiated board actions. (Copies
of a memorandum dated October 2, 1969, transmitted herewith.)
(c) Manager's choice.
7. Recognition of non-scheduled citizens and visitors.
8. General discussion.
(a) Consideration of appointments to City boards and commissions.
(b) Mayor's choice.
(c) Councilman's choice.
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OFF'IC TA t:;
C ITY C OUNC il_ DOCUMEJ\T"
f. LJJJN TO
t;.()l CEO A ... A :!H L Bl C U .• cn (}_A . JUL 20 '70
A tJA ,~ -c oo!\lciL r.;r:o:TJ:;o Fll.
: lTY OF ENGLEWOOD COI.O BY .,l.J'l!i\.. UTY
C IN. NC.:: W . ;;. ' SERIES OF ._.; 11v
VISED MU ;:c:::Pft.L C
..., ... L C. n IN.:.D B'... '.!.'HE C!:1 ' COl NCIL OF 1 HE CIT'.' vF E. 'GLE -lOC D,
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SEC'liON 1 .
)efining the ?Owers and duties of the various derartments
of the City and the admlnistration thereof; providing, for fire
protection, ,olicP ~rot~ction, ~l ie li raries, and the pro-
tection of hc~l h .,nd sanit"1tion, the rct;ul:Jtion flf .,nimals and
fm:lc, hou.>ing, "igns ;md billl cArds, l-uildinE,s, electio•1s, dis-
pn--a::. f garbage, tr'lsh and waste, sale and use of fireworl:s,
~a-•s and llnybrounds; the selection and regulation of personnel;
th ... icensing •md regulation of .:lmusements and 'lmusement devices,
b1il in~ contrActors, food d~alers, alcoholic b0vcrages, mer ~n
t.i.lc esta' lishn~nts, he;>lth thernpy establishments, cable tele-
vis.cn, and other trades, occ ·1pations and businesses: defining
.1 d p-;: i.bitins certain of~'i'nse::;, the regulation and ccept:mc.
of ,,lats .:1nd subdivisions; the construction and regulation of
!JUblir. i.mpt·ovements, streets and sideHalks, the regulation of
traffic, w.:>ter and se~•ers, and the use of land; the levying of
ta~:es and t·h ·J fixing of 1)e n Jlties and other LJrovisions of a cn -
eral nature .1ithin the City o.C Englewood, and its police juris -
diet i n, sh.,l l be in accordance Hith the terms of '1he 1969 te -
vised :un ci~al Code of the Cit) of Enble~ood~, three certified
·ol1ies o.L which are on file in the office of the City Clerk, to -
gether :Lth 11 secondary codes duly described and incorporated
th ·ein t. refe:-cn ce, and may he inspected during regular business
bout's . 'he said 1969 :::.evised •unicip:ll Code of the City of Englc -
noci is hereby <'dortcd .1nd incorpor'lted in this ordinance as fully
as if set ott at len3th herein, and shall he treated ~nd considered
s ~ •1 and ·"l~:i::;inll romprehensive orJinnnce vlhich shall super-
u~Jc all other ge _ral and per anc t ordinances · assed by the
Cit y Cou•tc.il, t>r ior to Jan•1ary 1, 1970, .1nd from and after the
dQtc ,n which this ordinance shall t ke effect, the prov isions
th...!rcnf shall l:c cnntr·)lling l1n all matters con ·ained therein,
sav ·md cxre t · +-b extent that any ordinance enacted bet1:een
Janu r l, 1 70, ,, :he e fie tive date of this ordinance is in
co 1Hic t 1cr .li h .
SEC:.I 'l..
The ~oll11in s_cond. ry codes r i1cor1or ted in the said
• 'vised • '1icit>al C de of the City of En lc ood, by rc fcrence:
(.) The Bui..ldin0 Code of th Cit and Count) of Dr.!nvcr,
C orad , 'cina Chl~ rs 4 throu0 h 4 , 45 throu h S2, and 59, of
• :dinatt e N.J . 1, S r ics of t 969, dnl • a d [);Jtcd by the City Council
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OF'F'I CTA r;
CITY COUNC il. DOCU M I21\r
~<r 111nN TO
I"' t.f ) C~D A (}A . JUt 20 70
A tJA ,~ ---.COO NC IL t,iCE:TI ~J G FfL.J;
ITY O F E NG LEW OOD, COl.O,
SERIES OF L 10
BY U'lrl~ tiTY
I UINANC..:Z .w . :;;. '
A.~ ~.) 'L"74.~;cE J'? tEvrsEn lU:~rcrPAL coY)c. r~ 1HE
C:::'J' 0' "''G u'::W ' 1' I.\ .. u • .A.I :G '!H!:REIN 'HC:: ~niL Ht'G CCD::. OF
"lF CI'I'· h.ID C L!'IY vi )._:.·,~ ., THE FIRE P!.lEV'.::t:'II"t-1 CO r. Aim IHE
' )..:L ':..,..Af!ciC C{,D..: r CvL 'T) "NIClPALI1IE"', 1H.E COLC.~Du STA'!. ...
':.. '··Fie CON'IT.CL dA:". ... L , A:'.; I!. C'.IHE l GENE \AL '":. H.iA.'CE S OF Til~
CIT 1.h' Et1GLE..IOC ; '' )'. IDI i" 11!E ..SPEAL F LL • 1UA.'CES
JE r~:'AL A,n J.E~-;. n.·m lu •• U.X NC'f I .'CLUDED THEREll , S.t VE
't:~ .X CE '1 SUCH UU ,',\ CES >A. 'IIC:JlA?LY S PE C IFIED AS EX CE P1EO
SLC!i E '-='.P. ~-, ROVI HNG , .!.NA L" IPS 'F" VICU '1 I CN C'F THE
'tJJISIO'., F SAI'J COD£ /\JJ SE'.'l'l.'G,. .~ll TH::: PENAL'IIES PIWVIJE1
\ .. :'. :: ' ... i l) Cf") ... ; > OVIDI.'G • i PUI ... IC HZ A ,ING o, 1HE ADu .. TION
Ci SAID C l )E ! !) OVIJI.'G Illli Ef "'C:' :JE lA.IE OF SAID CODE
LE I C..L{ • lNZD :3i THE CIT Crl 'NCI: OF :HE CI':.Y vF E,' ~-E ,•10CD ,
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Defining th~ powers and duties of the various clep<=trtments
f the City and the ad:ni.nistration thereof , ;roviding f r fi-re
protection, olice protct::tion, ,m blic li.r"""ies, <~nd the ,?l"O-
tection o[ health au d santtatioo1; the re6 ul. l.on of animals and
fowls, housing, signs and billboards, Luildings, elections, dis-
po:::al of garbae:,c, trash and \-.'aste, sale and •1se of fire'•IO-::"k s,
por~ and pl"y~rounds; the selection and regulation of pcrso n l,
th~ l iccnsinr. <=tnd regul<=ttion of amusements and amusement devices,
bu i lJine contractors, food dealers, Ale holic bcvc-;:-a 0 cs, ncrran-
tLlc cstarlishmnnts, health thera?~ establishments, cable t el -
vis ion, ~nd other tra des, o ccupations and businesses; defini g
;"~ d ;')ro i b itin0 certain offense::;, the :·egul tion and acceptance
>f >lats .::!nd subdivisions; the construction and regulatiCl of
pub] ic in?rovements, streets and sid c\·Wlks, the ret;ulation of
traffic, mtcr and sewers, and the usc of land; the levyinG of
taxes and the fixing of pc n 1lties and other provisions of a "n-
er<=tl netu-· ~thin the City of En3lewood , and its ?Olice juris -
dicti n, h'lll be in accordance uith he terMS of '1he 1969 .c -
visccl t \micipal Code of the Cit: of Engle .. mod'', three certified
COJies o-~ich are on file in the offic e of the City Clerk, to -
gether \·:i.th 11 secondar • codes duly d escribed and incorporated
thn·ein '}reference , and may be inspected during re.;ular business
bou.:s . 't he said 1969 P.evised unicipal Code of the City of Englc -
w~o~ is hcr e~v adopted and incorporated in this ordinance as ~ull
ns .f act ou aL lc ~th herein, and shall bP treated and considered
as n ·1 .1nd ori0inc1l comprehensive ordinance vlhich shall supeJ::-
ce J c 1ll other ~C-l~ral and ;)ermnncnt ordin<~nccs ·1assed by the
Ci ty Council, r io r to January 1, 1970, and from and after the
d ate L,n \~hLc h this ordinance shall tnke effect, the provisions
t creof sha~L te con troll in on all matters contained therein,
sav• and ex~·?t L t h ~ exten t tbat any rdinance enacted ~~tPcen
JauuarJ ., lq7o , a~d th_ cff ctive d te of this ordinance is i,
con£ ict thcr••1itb .
SEC'li -".
1!1e foll 1 dng G conda-.::y codes are incor.)or<lt~d in the said
.. e ised un i' · 11nl Code of the City of En lc 1ood, by re fcrence ·
(a)
Co~0rad ,
:dinance
:h e Eu ildinJ Code of the City and Count\ of 1e~vrr,
C'ine Ch1pt•rs 4 t hrou:;h 4'3, t,S through 52, 1nd 59, of
'v . 1, Series o f l9(o9, tiuly a do, tE:'d by the City Council
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of the City :"nd Coun of ;)en"cr, Colorado, on the 17th de) of
J1:"1u1.ry, 1969 . lhe s bject o£ sur.h code is the regulation oE
th~ construct·i m, ltnration, r.1o ving, dcr clition, re;:>air and use
of n) buildi.,3 m: st::t1ct ::e wi_thin the City .
(~) F i:r~ "revcntio Code, ublishcd by the American Insur -
ance Ass 1ciath~n successor to the t':ttional Bo!lrd of Fire Gnder-
·r.:ite:.:s, 46 Calif rni Street, San Francisco, California, 94F•4,
1 ~; J:Jit ion, to._1eth2r 1-1ith the October 1966 ._evision thereto .
~h .utject of ouch coue is the regulation of conditions h ~a.-
d'"JJ"" to life and propc-:-ty f:.:om f ire .
(c) ~oJel 1raffic Ordinance for Colorndo ~unicipalities,
:ub•_t.shcd in 196 , as officially appr ved, adopted and published
by the Colorado 111g h·.o~.1y Safety Council, State CaJitol Building,
~envar, Colo~ado . The subject of such orJin•~ce is the regula -
ti:m of traffic '1nd enforc..,rncnt of the rules of the road and the
ad lnLstration o"" the sa1•C .
(d) State Tnffic Cont.rol ~ nunl adopted by tbf' Colo.r::J.do
Dcpa•:tmcnt of Hi~hHays . ':!:".., su',ject of such Code is th<? c;t"lnda,..d
utilized in installin6 1nd naintaining traffic c ntrol devicPs .
C,'r.C1I • 3 .
Th \olo;:d Code mav be us 'd as an abbrcvi"lt ion for 'The 1969
.evised _u niciJal Code of the Cit of Engle ·10od .
All ..,.en ral. prov~s~ons, terms, :'hr'lses and e~'pressions, used
in the Code, r any ordinance "lrncndin~ the same, shall be libernlly
construed, in order that the true intent 'lnd meani1g of the Cit _
Council m, c fully ca::-ricd out .
SEC'~ rr J .
All o~dinances and Jarts of ordinances of a general and per -
m:mcnt nature not contain d in the Code ar!"! hcrcl y repealed, ex-
cept those ordinances passed s bc;equcnt to Januar) 1, 1970, but
Guch r p !ilG hall not e effective and opcr<Jtivc ..-ior to the
effective and o crntive date of the 1969 ::'.evised ?':un ici,)a l Code of
th2 Cit_ of Englewood; . roviJcd, ho Jcver, that nothin0 contained
lu~r..Jin shall be construed as n att mpt to repeal or amend any
ordLna.1ce passPd by a vote of the eople o€ the Gity of Engle•..,ood,
ex C""t i sofar as the :>a!'le may be uperscdctl by or in v iolation
ot= the Ch '"ter of !::n~le~·ood o.: the Constitution of the State of
Colo~·• t 1 o .
:lECTH.~ u .
tothing rontainad in this ordinance shall be construed as a
linit:ltion nn the power of the C~ty Council to chonge o vious
t. >o ra[lhic· 1 or .:omposition errors in the Code without change of
lc.., 1 eff~ct .
SEC~IC:' 7 .
~he c asJific t•o~ 1nd arran~emcnt by cha tcr, article and
'~r gyst~rn of u ~ti"~1 of the Code, as ~11 as the source
n _ .s, ann 1trtL:ms, "~1C. Jthcr cdl.t ri 1 1 <>ttcr included in said
r0d •, ·.,r p rt of th 1 , i"l tive t •xt ordai cd hcreb_ ; uch
in l"J ·-m i::; 1l,~ for the urpo!Jc . f c•mveniencc, o'!:"derly arran"e -
m" nd fn 1at i. n, nd, t',cref >rc, no i ~ licat ion r :::csurJ_ tion
n 1 uislativ cnnutr ctt1n i t be dra~ 1 therefr
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~he 1969 'evised tunicipal Code of th~ City of Englewood
"'> ')Utli:::hed :::'1:111 b_ th sole ro? rt, of the Cit~· of Englc-
'O 10, ~::: o~· e:: tbcreof and sh!!ll e cop yrighted fo:: .:md in bc -
h~Lf of the Ci y of En~lerood h. the City Cler~.
s~c·~rr 9 .
(~) 1bc r.it lC'r!~ st,all distrib•Jtc such sets of the Code
P d 1 ".,dn•c>nts hl'r":!to ::: "'l:' b_ ecessary .. o the va ·ious de-
,'lrt ~nts of the City =o~ the official use of City ofcicers ,
l)o rJs ~nd cn"!lr"issi.m'>, nd fo:;: (mch n~e pu::;;oses fo:.: s "mi.l~r
:·t,"lcatio s of oth•r cities. All volumes designated for official
usc.• J hall remai. t-hr> property of Lhe Cit , u ~ En..;lcHood for the use
o~ s tch officials Dnd their a cce s sors ~nd ~hall bear such desiu-
n tlon . ?he Cit: Cler• shall yrepare or c~use to be prepared a
li<>t oi the Cit' officers, boards ond co::1!1lissi ons t-!ho shall re-
ceive ~or official use s0ts of s aid Code, and shall thereupon d~
livc:;: :mch sets t such officers taking a receipt for each set
so d""'livcred .
(') Subse~Jent to the effective date of this ordinance ,
trc Cit , Clc,·•· shall l·.ccp n hnnd a reason11ble nunber of the
Codes he·"in ~dopted for sale to the public at a price tole de -
t ermined LJ. him , based solely upon the cost o:!: publication .
( ) From tine to time aft~r the effective date of this
ordina cc the Citj' Cler'~ is hereb_ authori::!:ed to codif.' ordin -
anc s amending the said Revised ~nicipal Code and to h~v e the
sn~e printed as sup~lc~~nts, or ~ Jbstitute ~ages therefor . He
·~a: ~cce t s •bs criptions to such supplenents et a cost to be de -
ternined by him , b sed solcl; upon the c ost of publication and
handli e of tho sane , and shall nake ~uch copies of the supple -
ment v<1ilable to such subscribers 1s t h e same arc received by
him a d shall bill for the same . Fa i lure of any subscriber to
pay such hilling n or before the date of nailing of the n ex t
subsequent su~ple~ent shall cause such subscribed to be dro p ,ed
fro,.. the mailing list .
SEC..,.I !'' 10 .
24th
This or d inance shall bec omf' effe c tive on the ..'J.t:-h-day of
August, 1970, "It 12:01 A.!!.
SEC'LIO• 11 .
(1) An ; )" ·· on uho sh 11 violate .:1ny prov~s:ton of this
ord inance, or 1n ~r visio. of t he codes hereb ado:1ted, shall c
fin d no t mor' tt11n 300 or i'Cl:Jri~oncd in the Citv Jail not mo-re
th.:J.n 00 d.:t:s or s hall suffer bo th rine and imprisonment . Eac h
and cv r) violation of the provisions of this ordinance shall
ro~rtitute a s parate offense.
(b) lhe p naltics set forth in the Code are as follows :
Sec . 1-2 -L. G ~ner 1 Pena lty; Continuing Violations;
F .:.nes <.1nd l"\Jrison ent .
It si1all b e u lmvful for an pe:::-son to violate, dis-
ole , o .1it , uglect, refuse or fail to conply lJ ith or
rosi<; the nforce C'1t of nny provision of this Co de or
an; se c ondary code a d o.'ted hnrein, nnd t-lhere n specific
penal t ~· Ls pr vid.:d tl:l"'rcf11r, thn violation of any pr -
vision of thi~ Code or o f nn. sccJnd ary code adopted herei
nha 1 be ,unished by a fine n t 1 ccC'dins th1:ee hundred
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doll<>rs or impric;on'"ent for R term not evcecding ninety
dn;s or 1, .. both "uch fine and imprisonment , the amount of
'luch finr.o or ter o:Z such i:v ,..isonmcnt to re!"t '>.'ithin the
di~crcti~n Jf the ~nici~~l J dge . The imposition of nc
l)Cn~lt. h'lll not excuse an_ violation nor pcrrCJ.it it to
continue . Unless ot1nr1dsc indicated, a separ te offense
sh"ll be dcem~d c m~ittcd upon each da. or portion thereof
durin.; r nn .,·hich a~1~· violation of any revision of this
Code or any ·;c~c'J1dar · code adopted herein occ•Jrs or con-
tinues .
Sec . l -2-2. Cumul~tive Remedies .
(a) ~enever an_ act o condition c ons titutes a
nuis 1nce or pr vides a cause of -1ction fo r injunct i on or
ther civil remedy, the s~id remedies shall be considered
to be cumulative, and in add ition to the rcnalties herein -
above pr vided, and a~ action for abate•ent, injunction,
or nt1c civil remedy may be bro ght against such violator .
(b) 'be quspension or rev cation of any license, per-
mit , or other privilc;:;e c01 f.crre d by th·~ Cit shAll not be
re;::nrdcd as a enalt:• for the , ur;1oscs of this Cc de .
(c) \!hen 1vor' or activity for which a permit or license
is r~quirnd by this Cudn or any code ~do_ted herci is cor-
rncnccd without first havin..., acquired such pendt or 1' Pose>,
the sp<>cified fee sh 11 c d ubled, but the .a: ent of <• ch
do ble fee shall not rclic·:c any person fro~ fully COt'': . -
inG ~n th 1.11 the require:1ents of this Cede or an· cede
ado;->tcd h erein, n'Jr from ny other prescribed penalties .
aym<>nt of suc h do blc f e or any tm aid ,)ortion thereof rna •
'x• cot:pelled bJ civil action in ny c urt of COTi'petent jur-
isdiction . The acce, ace of an portion less than the en-
tire r1mount of such double fc · any officer or e"nlo,·ce
f the C~tJ shall not C'I')I1Stitute a \..r i.ver or release of the
b" l.ance ther.eo f.
Sec . 3 -3-13(a). Career Ser•ice; DiscL;->linary Action .
A y er:tployec hnvin0 ~l.":!:anent status may bn dismissed,
de~oted or suspended by the appointing authority upon filing
lith the Board nd se:-vin"' ersonC~lly o-;; b_r certifie d mail
nddressed t hiF last • om record address u on the employee
T~ittcn state-ent nf the cause for s~ch action , ~hich couse
·hall relotc to the ,er~or ·nee of duties, nersonal conduct,
or 111! factors d trirncntal to th Cit_ .
Sec . 9 -1 -2(d). Contractor 's Licenses .
St rtinz work on any r ject bef re the required li -
e .nse h s b en secOJrcd Jill result in 5lf.l. i crease of
the licen .. c ~ee as a pcnaltJ . "'his :'Jenalty shall be C'lmu lative
ith nJ 1 1the>r len lties <''1d .... nedies for th" enforcement
l~d collcctL n oE such llcunae fees.
c.cc . U -2-2. Streets and Side •· 1 's .
Ir additio to or in lieu of the oth r r r-dies o:::
J•nalti s ,r vidud, if n c ntractor fails to com?l. ith
ti' rnqJircrE>ltS +-thi· Cha ter rel ti1..., to co crete wort,
add it iun-ol permits for , ide • 1 ks, curbs, guttc .:s, crvicc
ra s ,1nd dri.v va s .i.ll be wit 1held by the irector until
as~ur~oc i received that ther~ vill be c mpli nee herewith .
sc~. 1 -3 -6 . ~tility u~Ln ·s lax .
If 11' util it ' lSi• cs · or occ'l at· n ul jcct to he
uvi ims 1f this C:'1n~tcr shal faii to .a:· the tax .tP:JOscd
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· th i1 th t Lnc ;>:::c:cribed, a pen a 1 ty of ten per ce. t 1 10 ~)
-th~ "r.o•mt c£ t ~ due Lhall ,e aso:;es<Jed · y the City of
~,d~"Hood ."l._,<'li s•· su h ut:ili.t; '-t1~incs1 o:::-"<'C':pat "on , nd
t.h, sa i.e ta. t ether Pith the ..., nalt -; nss11ssr ent shall be
nci .Ls hcre~y declared to e a d 'l t due and o•-1inr, fro
''l ch utility lus ~ness or ac<::u J"t ion to the Cit;• of Engle -
; od .-:1nd st ject to c 1 1 lccti b~· an '"'Ction ~t :!."'" brought
t. tL! Cit of En[,le'·J cd in any court of c~'"' etc 1t jl•'!::"i S -
dict iun for the pu;:po 'C '1 · Euch collecU n .
S c . 13 -4 -19 . Ssle~ .nd Csc lax .
If a~y part nf the dcficienc; ic due to neglignnce or
intc~tiona1 disregard o: w thorized rules and regulAtions
tit 1 kno<1ledge thereof, but •vithout intc t to de fr-.ud,
there s h <'~ll te adde d ::en per cc1t (10"1,) of the to ..,1 'l~o ''1L
~ ~~c J~ricicncy, '~nd in uch case intnrest shall be col-
le ted at the rate of on" per cent (1%, 1cr mont h c the
rr O"nt o"" the deficiency f:;:ol'1 the ti"'c the retur, :as due,
from t·he p;rson rcqllired to fll the return, ~hich interest
.:tnd .:1ddition sh~ll becorc d•Je and pa able ~•ithi ... fifteen
(15) Jn)• after l~ittCi nctice and den db the Director
oi £ Lnanc",
Sec . 13 -4-20 . Sales and 'se 1ax .
IL a1~ p rL u~ Lh d~fici~nc) ls d~2 to fraud • ith
the int nt to cvRd~ the tax, then there shall be added flft~ per cent 'J'~) of the total amount of the deficiency,
and .Ln such case the '1-:hole amoun t of thQ tax U<~paid, in -
cluding the a ddit ions, sh 11 become du e and payable :· ftenn
(15) days after m·itten notice and dcn-md by the 1 i rcctor
of F in'lnce .:md an additional one ';)er cent (1/.,) 11er l":mth on
said amn nt s shall oc ad ed fror the dntc the retu.·n <~as
du unt "l p:1id .
Sec . 14-4-12 . Tr~f fic .
'p Llure, refusr>l, '"'r neglect on the part f .:1ny ju-
diclPl or other officer or e~ployce rcce ivin
0
or avi1g
c st·oc! of -1n_ such fine or fo'!:'feitut:c, to comply 1 h he
~:~visions of 14-4-11, shall cons itutc nisconc!uct in office
and shall be grou.,ds for re!IJOV l therc.h-'"' .
SECTiv,, 12 .
ll ordinanc .s of ~--rwral ml • crmanent nuturc finall ~~~sed ·pd a,pr~ved by the City Council · fter January 1, 1970,
but. 1~ or lcfore the affective date of this ordinance shall be
.i.ncot:1' .~ted in the pr >;_'ler •'lac in the Code, b 1t nothing · n such
i r 1sion, o. this nutho~L~atiol therefor, shall be constr cd s
r 1'" '"ld-i.n..., the !:it'lC such lc_r;isl tion t.:J ~es nffcct; l:;ut such lcr,is -l~t ~·m sha .. l 1:-~c 1mc e:Lfcctiv~ ::; if s11ch inclusion were not outh,.,r-. ·~cJ .
7 C' I l '3 . -------
._ "-•t th
. ) .:.J •d i 1
li It:::-
'1 i
1 1rdi nee or an) portion thereof as
tGis orditancc shall not a_fcct or i -
or ccrued or ny pro -
c 1c cd in nt y cause c fore
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• :o o .... .._ ,1sc c o::r · ttcd and no liebility , p enal ty or forfei ture,
civill. or c riTJina l l: L1,..urrcd, prior to the tir'C uhen an_, such
ordi.•1Elnc~ or ..,rt hC'reof s h all be repeAled or in anv l..ra. altered
by the , rovi:>e "~1S of ti1is rd bance or the 1969 Ravise d ~lunicir>al
Cod_ of the c::. ; of EnJlcwood, Gilotll be disch ar3ed or affected
by s11ch rC:J"al or alterao::ion; but, ;>rose cut .i.o""ls and uits for
such o.:fcn.>es, liabil i.t :_,.,s, ~en lt i es or for£citures shall be
i,tutitutC'd and p1·oc ccdcd \lith in all re s pe ct s as if su ch t?r i 'P.
orJindnce or par t thereof had not bee repealed or ~ltere d,
' ) 11) f.,l'neral. or special ord i 1:1ncc, resolution or motion
hc~clo~o~P pas:;cd , ~doptcd and nad validatin3, ratifyin0 or
leuali::inu the acts 1r 01 i"Si ns of ny officer or v::1lid'ltin:; an.
or~inancc, act or Jroceedi 13 lili~tc v er; but all V'llidating or le-
cali.~ing ~cts of nnd by thP Cit Co neil fuat. 1ever and no~ in
force .-:n:c hereuy contin·wd i•1 force .
(c) An; ordin"nce rcl ting to ~he public de b t or the p ublic
credit or ~ny annexation of territor .
(d) An y ordin"nce rclatin~ to a co~tr~ct to •ihich the City
o· -:nGle•J od, Color do is n arty or to any contr->ct rr a de for
it " ben efit .
(e)
tion of
Any ordinance , rcsol•ttio n or m tion making appropria-
ublic funds .
(f) Any ordinance lcvyinJ a special benefit assessment or
creaLinu a lien nd de bL agains t an property situat e within
th e City of En0 lcw od , Colora do and improved by the opening,
~"id ~nin g, extensi n or pavin;; of any street or p ublic thorough-
far e i ith in the S"id Cit y of Engle 1~ood and /or the installation
of gutters , curbs, cur walks or side1..ralks alons said streets or
thoroushfa::cs .
(~) A~) o:dinance or resolution ~rantin ~ any franchise,
license, ri::.;nt OJ: r~voc'!blc ;:>erm it to 'ln ,orson , firm or cor-
por'ltion, 1"hich franchise , license, right or revocable permit
~vas legally in force and effect on the dat e of the effective
dat e of the 1969 Ilevised ;;unicipal Code of the City of Englc-
tvood; it being t he expres s intent and purpose of the City Co 1mcil
of the City o f Engle l;'OOd that every such franchise, license,
right or revocable permit shall expire as ori3ina11. p rovided b~·
the ordinanc e or resolution :;:.:-ant ing the same unless sooner ter -
minated b. the Cnuncil, acting under and pursuant to the Charter
of the Cit y of Engle vood .
(h) Any ordinance or resolution promising or guaranteeing
the pa) ent of monc • by the Cit) or authorizing the issuance
and sale of General 0 ligation or Revenue Bonds b. the City.
(,~.) Any ndrninistr.:tt .ivt' ordinnnce or resolution of the
City Council not in conflict or inconsistent 11 ith the provisions
of the 1969 Revised Muni ci ~~l Code of the City of En~le~ood .
( j) /<,,,, or di ·ne e pr oviding for and rnnlcing the annual tax
levy in ami fo the City <>f Englm,•oo d, Colorado.
( :)
build in.,
An' ordinance o>: 'l:' so lut io 1 es t ablishing fees for
ere-its a nd in.;pections .
(1. n_.
ni bond t be
rdiu.mcc o.: -::e">olu tion e.:>tablishing the a.,ount
ostcd L~ City officials .
~1) A~y ord inanc ~ or resolution relating to the salaries
of Cit~ o·ficers or ~rployecs .
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(n) An. ordinance, resolution or motion ~n~exing terri -
to::: to the City; or "'ny ordinance or ordinances establishing
1~i usc zoning districts in rhn Cit), regulating the use of
land ond the use, bulk, height , area and yard spaces of buildings,
ado_ t Ln . ., a map of zoning district", providin:; for the adjustment,
enfo:-cenent :md amc>ndmront t11e~e-Fo~.
( o) ~y o.:dinrmce, res lution or motio~1 narnin3, rcnTmin[;,
o;J"'ning , "cceptin;:; or v'lcatin::; str~ets, alle. s or rights-of -.vay
in thn City: or ~my ordin~nce amend in..., the sarne .
SECT h.:: 1!1 .
That the 1969 aevised ~nicipal Code o-F the City of Engle-
Hood, or cny Ch:1, t r or Section here f ra~ ..,e p~oved ly a copy
th"re £, certif'ed 1y the City Clerk of thn City of Engle~·mod,
und~r the Seal of the Cit" or uhen printed ~~ boo1r or pamphlet
£orr 3nd urportin0 to se printed b_ authority of the City, the
S1"rn" shall be received in evidence in all en rts •vithout further
proof of t'1e e-<i"tence and re::;ul.1rity of the en1"ctments of an.
ryarticular ordinance and of said Cod~.
SEC ... I C"1 l.J .
'I hat ;_Jursuant to, and i•1 corn 1 linnce \·lith, Chapter 139,
Article 34, Section 3 of Colorndo ~cvised Statutes 1963 as
amended, the City Cler~ of the> City of Engle,rood is hereby author-
izC'd .,nd directed to publish 'lotice of a public hearin3 on the
sdoJtion And enactme nt of the 1969 hCvised ~niciJal Code of the
Cit :r of En~jlcwood to the el{tcnt , ~nd pursuant to, the schedule
for such p 1 lications prcscr io d i, 139-34-3 of Colo,-;:odo Revised
Stetutcs 1963, said public h~arin 6 to be held in the Council
Ch<>"Jbers, City Ha , of En~lc~mod, Arapahoe County, Colorado, at
S·t ) o 'cloc'· ?· . on July 6, 1970 .
sEcnm·
'o) "'-irequcnt intervals after the apprcwal of this ordin-
ance, a!.l o>:din nces of a general and permanent nature assed
·nd ap~rovcd durin the prccedin~ period, shall le r"vis d, ar-
rant;ed and ~rf'p red for publication in the fonn of loo::;Pleaf sup-
1l"U'I1ts, re rioting the page or pa3es of the Code affected, ::e-
r.JOvil1~ the nn nd d or obsolete ;>r evisions and inserting the ne •
provisions .
~1 ) Any and all additions or amendmr>nts to the Code, ;hen
pass'!d in such form as to indicate the intention of the City
Counc il to nakc the sa~e a part thereof , shall be deemed to be
incorporated in the Cod~ so that reference to the ''1969 Revised
;un ~ciy1l CodJ f t'1c City of EngleHood s'1all be dcrstoc-d nd
in-~ld"d to inr.lud ::<uch auditions and anend,.,ents .
1 c) In case of the a c~dmcnt of any section of the Code for
·~ich JCaalty is not rovidcd, the general penalty as provided
;_ 1 Sect len 1.-2-1 of! s•1ch Cod shall nppl_ to the sectio1 as
mend 'C • o::: in C"'Sh sue am d cnt co 1tains provioions for • 1ic 1
.1m lt~·, oth"r than t 1e a..::orcr e tioned gcne:-al pen lt. , is pro -
vided ; 'ln ::h ~r sec i 1 i 1 t c s nc ch pter, the · cnalty so ;>t·o -
vi :.:)J i." such other scctio 'wll be hel d to relate t:o the ccc-
ti n &J en a , unless such lt is S>ccifically repealed
th"rci'l .
F.Cl::: '' 11 .
A CrJ;' of au h Code Gh'lll be Jcpt on file in the office of
the Cit; Cler'~, !)r0scrvud it lool:lc lcnf for , or in s ch oth r
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fo··n as the City Clerk ray consider T'lOSt expedi<:.>, . It shal be
the c:qrAss dut:• of the Cit:• Clerk or sor~ennr> <~• rho~·ized b_, hiT"',
to in~e t 1~ th-i: dnsi3n~tcd leces all n~ ~d nLS or ordinances
l·lhich i...1dl catc the intention f the City Co·JncU to r.-.a!~e the sa!'~e
a .:n:t of such Code r,.;ol1en the sa~e have been •:-i'1ted or reprinted
in ,).:Jge ;:; r'"', and to extract from such Code "'ll rrovisions which
nay be fr m tir~e to ti1:1e re;>ealed by the Cit:• Co"Jncil. This co;>~
of such Code shall be available for all rcrsons desiring to c·-
.:lJCJinc the sa~c :l!:'ld shall be considered the official 1969 Revised
Nu1icip. l Code of the City of Engle1vo~d .
~EC" lO J.B .
It .;hall be unlawful for n: person, n::. or corporation to ch:.m~e or a;ncnd by '1dditions or deletions , "''1}' art or . ortion
of such Code, or t~ insert or delete ~aces o~ ortions thereof,
o:: to nltcr or tamper lvith ::;uch Code in ::m:, manner ~lh"'tsoever
vhich 1il c;~use the ordin.::mces ( ... thL City of Engle1,ood to be
l"'iSr' resented thereby . Any '?Ors on, "irr-or c rpor.:1tion violating
t:1ir section shall be )l nished s , rovided in Section 1 -'7.-1 of
the 1969 Revi s_d .~nicipal Code of t~e Cit y of Englet 0d .
_ rn~~oducedi6J~al in full "~nd ? ssed on Hrst rcadin
0
on the
-.l:;L__ aa y o f ---zjd .un;; , 19 7 0 .
. ,(\"/ 11 1 ished as :1 :2 11 for nn Ordinance on the 1 ?( T'/Y? f. c , 197". da:• of
~ea d by tit le and passed on inal reading on the ~ day of '1/-'-. L,... , 1970 .
1ublished by tit le as Urdinance No . ~Ge
on the c£3 d a y of tJk· ~ , 1 970 . , Series of 197u,
1kdv{~L~
1'1ayor
Attest :
~
I , Stephen A . Lyon , do 1ereby c ert ify that the above and
·or goin0 ~s a true , accurate and complete c opy of an Ordinanc e
passe on ~inal reading and published by tit le as Ordinance No . d<R , Series of 1970 .
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JULY 20, 1970
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on July 20, 1970 at
8:00 P.M.
Ma y or Schwab, presiding, called the meeting to order.
The invocation was given by Monsignor Bernard Cullen of
the Saint Louis Catholic Church. Pledge of Allegiance was led
by Boy Scout Troop No. 154.
The Mayor asked for roll call . Upon the call of the
roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab.
Absent: Councilman Lone.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager McDivitt,
City Attorney Berardini,
City Clerk Lyon.
* * * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1970 AND OF
THE SPECIAL MEETING OF JULY 13, 1970 BE APPROVED AS READ. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
Mrs. Charles Henning, 3074 Cornell Circle, appeared
before City Council representing the Englewood Citizens for
Effective Storm Drainage and Flood Control. Mrs. Henning stated
that they were in support of the proposed increase in the
Englewood sales and use tax.
* * * * * *
Mr. Douglas Rogers, 13680 Crabapple Road, Golden,
Colorado, president of Gordo's, Inc., appeared before City
Council requesting approval of the reissuance of the liquor
license of the Ori ginal Mexican Cafe, Inc., 4595 South Santa
Fe, to Gordo's , Inc . Mr. Rogers introduced the other officers
and owners of the corporation: Mrs . Virginia A. Rogers, 13680
Crabapple Road; Mrs . Lucille Rogers, 10880 Linda Vista Drive,
Lakewood, Colorado; and Mr. Wesley Rogers, 10880 Linda Vista
Drive.
COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE LIQUOR LICENSE OF THE ORIGINAL MEXICAN CAFE, INC., 4595
SOUTH SANTA FE, BE REISSUED TO GORDO'S, INC. Upon the call of
the roll, the vote resulted as follows: I • •
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JULY 20, 1970
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on July 20, 1970 at
8:00 P.M.
Ma yor Schwab, pre siding, called the meeting to order.
The invocation was given by Monsignor Bernard cullen of
the Saint Louis Catholic Church. Pledge of Allegiance was led
b y Boy Scout Troop No . 154.
The Ma yor asked for roll call. Upon the call of the
roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab.
Absent: Councilman Lone.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager McDivitt,
City Attorney Berardini,
City Clerk Lyon.
* * * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1970 AND OF
THE SPECIAL MEETING OF JULY 13, 1970 BE APPROVED AS READ. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None .
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
Mrs. Charles Henning, 3074 Cornell Circle, appeared
before City Council representing the Englewood Citizens for
Effective Storm Drainage and Flood control. Mrs. Henning stated
that they were in support of the proposed increase in the
Englewood sales and use tax.
* * * * * *
Mr. Douglas Rogers, 13680 Crabapple Road, Golden,
Colorado , president of Gordo's, Inc., appeared before City
Council req u esting approval of the reissuance of the liquor
license of the Or iginal Mexican Cafe, Inc., 4595 South Santa
Fe, to Gordo's, Inc . Mr. Rogers introduced the other officers
and owners of the corporation: Mrs . Virginia A. Rogers, 13680
Crabapple Road; Mrs . Lucille Rogers, 10880 Linda Vista Drive,
Lakewood, Colorado; and Mr. Wesley Rogers, 10880 Linda Vista
Dri ve .
COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE LIQUOR LICENSE OF THE ORIGINAL MEXICAN CAFE, INC., 4595
SOUTH SANTA FE, BE REISSUED TO GORDO'S, INC. Upon the call of
the roll, the vote resulted as follows:
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Schwab .
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
Mr. Nate Burt, 5 200 South Broadway, appeared before
City Council and voiced his support of the one cent increase to
the retail sales and use tax . Mr. Burt stated that this would
have some adverse impact upon retail business, but he believed
that the benefit i n terms of progress in capital improvements
was worth the problems .
Mr. Chalmerse Parker, 3996 South Grant, appeared before
City Council and stated that he saw no ill effects of the sales
tax increase and that not all of the one cent increase should be
used for storm sewers. Mr. Parker stated that he hoped the Council
would effect a one mill reduction.
Mayor Schwab requested that those in favor of the one
cent increase stand. Eleven stood. No one stood in disapproval.
Mr. M. M. Summers, 3140 South Delaware, appeared before
City Council and voiced his support of the one cent increase to
the retail sales and use tax.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE PUBLIC HEARING ON THE CREATION OF SIDEWALK DISTRICT NO. 70
BE OPENED. Upon the call of the roll, the vote resulted as
follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried, and the public hearing
opened at 8:55 P.M. (Note: A tape recording of the public
hearing is on file with the official records.)
Listed below are those individuals who appeared before
City Council in regard to Sidewalk District No. 70:
Mr . Stanley H. Dial, City Manager.
Mr. Ke l l s Waggone r, Director of Public Works.
Mr . Tom Westerbuhr, 3201 South Bannock.
COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT
THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote
resulted as follows:
Schwab.
Aye s: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Na y s: None .
Absent: Councilman Lone.
The Mayor declared the motion carried, and the public hearing
closed a t 9:40 P .M.
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Mr . Charles B. Carroll, Director of Utilities, and Mr.
Herb e rt McCall, c onsultant, appeared before City Council in
regard to bids received for Sewer Digester No. 2 .
A mem o randum from Di r ector of Finance Lyon and Director
o f Uti lit i e s Ca r roll dated July 16, 1970 with an attached letter
f rom McCall -Ell i ngson Consulting Eng i neers dated July 13, 1970
was pres ented to Ci ty Council.
Ci ty Co u n c il d iscussed th e proposed bid award .
COUN CI LMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED,
THAT ITEMS ONE THROUGH FOUR BE AWARDED TO DOUGAN CONSTRUCTION
COMPANY IN THE AM OUNT OF $13,1 5 0 AND THAT ITEM FIVE BE REBID AND
WORK COSTS ASSOCIATED WITH I T BE NEGOTIATED. Upon the call of
the roll, the vote r e sulted as follows:
Ayes: Councilmen Brown, Dhori ty, Kreiling, Senti,
Schwab .
Nays: Councilman Lay.
Absen t : Councilman Lone.
The Mayor declared the motion carried .
* * * * * *
The financial report for the month of June was received
for the record and discussed.
* * * * * *
A report on the American Librarians Association
Conference in Detroit was received for the record.
* * * * * *
The minutes of the Retirement Board meeting of July 7,
1970 were received for the record.
* * * * * *
BY AUTHORITY
ORDINANCE NO . 26, SERIES OF 1970
AN ORDINANCE ADOPTING "THE 1969 REVISED MUNICIPAL CODE
OF THE CITY OF ENGLEWOOD" INCORPORATING THEREIN THE BUILDING CODE
OF THE CITY AND COUNTY OF DENVER, THE FIRE PREVENTION CODE AND
THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, THE COLORADO
STATE TRAFFIC CONTROL MANUAL, AND ALL OTHER GENERAL ORDINANCES
OF THE CITY OF ENGLEWOOD; PROVIDING FOR THE REPEAL OF ALL ORDI-
NANCES OF A GENERAL AND PERMANENT NATURE NOT INCLUDED THEREIN,
SAVE AND EXCEPT SUCH ORDINANCES PARTICULARLY SPECI IED AS EXCEPTED
FROM SUCH REPEAL ; PROVIDING FOR PENALTIES FOR VIOLATION OF THE
PROVISIONS OF SAID CODE AND SET T ING FORTH THE PENALTIES PROVIDED
FOR IN SAID CODE; PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION
OF SAID CODE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE.
(Copied ~n f ull i n t h e o f f i cial Ordinance Book .)
COUN CILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
ORDINANCE NO. 2 6 , SERIES OF 1970 BE PASSED ON FINAL READING AND
ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Upon th e c al l of t he roll, the vote resulted as follows:
Schwab.
Ayes : Co unci lmen Brown, Dhority, Kreiling, Lay, Senti,
Na ys: No ne .
Absen t : Counci lman Lone .
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The Ma y or d e clare d the mot i on carried.
* * * * * *
Introduced as a Bill by Councilman Kreiling and read in full.
A BILL FOR
AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9
OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO
PERTAINING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR
SCHOOLS.
Mrs. Barbara Burget, 4108 South Inca, appeared before
City Council and inquire d as to the reason for the repeal of a
portion of the Ci ty Code which does not allow the sale of 3.2
beer near schools.
Ci ty Council responded by stating that this was a
local restriction which had been declared invalid by District
Court.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT
THE 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 as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini presented a bill for an ordi-
nance exempting from competitive bidding traffic signal equip-
ment, firearms and those items presently exempt .
City Council discussed the proposed bill with City
Manager Dial.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE ESTABLISHING GENERAL
EXCEPTIONS FOR BIDDING BE TABLED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Counc ilmen Brown, Dhority, Lay, Schwab.
Na y s: Councilmen Kreiling, Senti.
Absent : Co unci lman Lone .
The Mayor d ec lare d the mot i on carried .
******
Ci ty Attorney Berardini read letters from Royal Globe
Company and from former City Attorney Criswell. Mr. Berardini
reported that in essence Royal Globe stated that they would
indemnify all employees of the City of Englewood on false arrest
for the period of time wh i le the policy was in effect if the
city would drop i ts present law suit against Royal Globe. Mr.
Berardini recomm e nd e d that the City settle out of court as pro-
posed by Roya l Globe .
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
CITY ATTORNE Y BERARDINI'S RECOMMENDATION THAT THE LAW SUIT AGAINST
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RO~L GLOBE BE SETTLED OUT OF COURT SUBJECT TO ROYAL GLOBE
INDEMNIFYING THE EMPLOYEES OF THE CITY OF ENGLEWOOD ON FALSE
ARREST UP TO THE $2 MILLION LIMI'r FOR THE PERIOD OF TIME WHILE
THE CITY OF ENGLEWOOD WAS COVERED BY THE ROYAL GLOBE INSURANCE
POLICY BE APPROVED. Upon the call of the roll, the vote
resulted as follows:
Ay es: Coun c ilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Na y s: No n e .
Abs ent : Co u n ci lman Lone.
Th e Ma y or d e cla r e d the mot ion c arried.
* * * * *
Ci t y Attorney Berardini stated that the City was
pres e ntly in Di strict Court over the condemnation of 40 acres
of land of the Atchison Ranch. Mr. Berardini stated that there
was some question as to whether the one-half gravel deposit on
th e property was reserved for the Atchisons and that it might
prove necessary to core the 40 acres to determine the amount of
gravel reserve in order that the City might receive full com-
pensation from the Federal Government.
* * * * * *
Introduced as a Bill by Councilman Lay and read in full.
A BILL FOR
AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT
DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70:
ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND
PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION
OF SUCH IMPROVEMENTS .
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT
THE 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 as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
******
An agr eeme nt between the City of Englewood and the
South we s t Me tropol i tan Wa te r and Sanitation District for the
cro ss i n g of the City Ditch was presented.
COUN C ILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE PROPOSED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE
SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT FOR CROSSING
THE CITY DITCH BE APPROVED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None.
Abs e nt: Councilman Lone .
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The Mayor dec lared the motion carried.
* * * * * *
Ci ty Manager Di al presente d a memorandum of October
2, 1969 f r om former Assistant City Manager Robert Mack on the
costs and fees for hearings before the various boards.
It was t he consensus of City Council that the
memorandum be discussed at a future study session.
* * * * * *
City Manager Dial reported that he appointed Mr. James
L. Supinge r as Planning Director to begin work with the City on
July 27, 1970.
* * * * * *
City Manager Dial presented a letter from Judge Haydn
Swearingen requesting approval to attend the North American
Judges Association at a cost of approximately $385.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
JUDGE HAYDN SWEARINGEN'S REQUEST TO ATTEND THE NORTH AMERICAN
JUDGES ASSOCIATION BE APPROVED. Upon the call of the roll, the
vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial requested that City Council take
action in regard to the recommendation of the Preliminary Design
Criteria Report by the consultant for the storm sewers.
COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT
THE PRELIMINARY DESIGN CRITERIA REPORT OF THE CONSULTANT BE
ACCEPTED AND THAT HE BE AUTHORIZED TO PROCEED ON THE BASIS OF
THE RECOMMENDATION: I.E., A TWO YEAR STORM FOR RESIDENTIAL AREAS
AND A FIVE YEAR STORM FOR COMMERCIAL AREAS. Upon the call of the
roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Na y s: Non e .
Ab sen t: Co u nc i lman Lon e .
Th e Ma y or dec lared t he moti on c arr1ed.
* * * * * *
City Manager Dial stated that he had been contacted by
Mr. John Ferguson, president of the Englewood Lions Club, in
regard to the Lions Club Petti ng Zoo and the position of City
Council in regard to the financial loss being incurred by the
Zoo.
Discussion ensued.
COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED,
THAT THE CITY GIVE $500 TO THE ENGLEWOOD LIONS CLUB FOR THE
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OPERATION OF THE LIONS CLUB PETTING ZOO IN 1970. Upon the call
of the roll, t he vote resul t ed as follows:
Ay es : Counc i lmen Brown, Dhority, Kreiling, Senti,
Schwab.
Na y s: Counc ilman Lay.
Absent: Counc i lman Lone.
The Mayor d ec lare d t he mo tion carried .
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT
MR. H. J . BEVIER, 27 5 1 SOUTH GRANT, BE APPOINTED TO THE BOARD OF
ADJUSTMENT AND APPEALS TO FILL THE UNEXPIRED TERM OF MR. DEL
ARMSTRONG. Upon t he call of the roll, the vote resulted as
follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None.
Absent: Councilman Lone.
The Mayor declared the motion carried .
* * * * * *
Mayor Schwab stated that contrary to the article in the
July 16, 1970 Suburban Sun that no negotiations had been conducted
with the City of Sheridan involving the incorporation of the two
cities into one.
* * * * * *
Councilman Brown inquired as to the status of the KLZ
site .
City Manager Dial stated that the matter was pending
before the Colorado Supreme Court.
* * * * * *
Councilman Dhority stated that the City should encourage
more businesses to move to Englewood and that the priorities in
considering Englewood by businesses are a) parking, b) mail service,
c) telephone servi ce.
City Co un ci l d i s c ussed talking with various people
regarding thes e prio r i t i es .
* * * * * *
Counci lman Lay repo r ted that the Board of Directors
of the Chamb e r of Comm e rce had that afternoon approved the
financing of a capital i mprovement program with the one cent
sales tax i ncrease.
* * * * * *
Councilman Lay stated that he had received a request
concerning the use of Little Dry Creek for parking. Mr. Lay
requested the manner i n which one obtained approval for the usage
above Little Dry Cr e ek for parking •
City counc il discussed the utilization of Little Dry
Creek as c ommercial property.
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Councilman Dhority requested that City Attorney
Berardini give a report on the status of ownership of the land
and th e cost to qui et title from Logan to Bannock .
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
vote resulted as follows:
Ay es : Councilmen Brown, Dhority, Kreiling, Lay, Senti,
Schwab.
Nays: None.
Absent: Councilman Lon e .
The Mayor declared the motion carried, and the meeting adjourned
at 12:16 P.M.
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JULY 6, 1970
OFFIC IAl,;
CITY COUN CIL c ~ :::UMC "'T: n-:-•. ., •. , .... J •
cour-v:1;_ 1 , .. , .., L,..,.
CITY OF CNGLE :tC~; ·~oL.o.
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on July 6, 1970 at
8:00 P.M.
Mayor Schwab, pres iding , called the me eting to order .
The invocation was given by Father Murphy of the S t .
Louis Catholic Church. P l edge of Allegiance was led by Mayor
Schwab.
The Mayor asked for roll call. Upon the call of the
roll, the fo llowing were present:
Co uncilmen Brown, Dhority , Lay, Lon e , Senti, Sc hwab.
Absent: Councilman Kr ei ling.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager McDivitt,
City Attorney Berardini,
City Clerk Lyon.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, TK~T
THE MINUTES OF JUNE 15, 1970 BE APPROVED AS READ WITH AN AMEND-
MENT TO PAGE THREE STATING THAT COUNCILMAN BROWN REENTERED THE
COUNCIL CHAMBERS AT 9:40 P.M. RATHER THAN 10:40 P.M. Upon the
call of the roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: councilman Kreiling.
The Mayor declared the motion carried.
* * * * * *
Mayor Schwab recognized Mr. William R. Howe, 4935
South Delaware Street, from the list of special citizen invitees .
Mr. Howe stated that there were considerable traff~c
problems created by making lef t hand turns into Cinderella city
off of U . S . 285 .
* * * * * *
Mr. Leo Hamel, 4401 Wagon Trail Drive, and Mr. Robert
Marshall, 12970 West 15th Drive, Golden, Colorado, appeared before
City Council in regard to the parking limitations recently imposed
by the City near the intersection of South Santa Fe Drive and
West Union Avenue. Mr. Hamel and Mr. Marshall, employees of
Ragsdale Tool & Di e , 4535 South Santa Fe, stated that they had
park ed on West Union Avenue until the City had limited parking.
They discussed the hardship caused by the parking limitation
and traffic problems within the area. I • •
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City Manager Dial stated that West Union Avenue in the
area in which parking had been prohibited had been saturated
with parked vehicles and junk cars, sight visibility was limited
and cars were not well parked off the traveled way. Mr. Dial
stated that the removal of parking had improved these situations
considerably.
City Council discussed the matter with Mr. Hamel and
Mr. Marshall.
* * * * * *
Mr. Bruce Heider of Walter E. Heider & Company
appeared before City Council and formally presented the 1969
audit and management letter. Mr. Heider discussed the manage-
ment letter with members of Council.
City Manager Dial stated that the recommendations con-
tained in the letter would be reviewed in the 1971 budget process.
* * * * * *
Mr. John Ferguson, president of the Englewood Lions
Club, appeared before City Council and presented a letter con-
cerning the Lions Club zoo at Belleview Park. Mr. Ferguson stated
that the zoo was a losing proposition and he requested $2,000
contribution from the City of Englewood to maintain the zoo's
operation. Mr. Ferguson stated that the Lions Club would con-
tinue with its present support of the zoo and the train.
Councilman Lay suggested that the request of the Lions
Club be taken under advisement and a decision reached at a later
Council meeting.
* * * * * *
Mr. Jack L. Clasby, Chief of Police, appeared before
City Council and introduced the following members of the
Englewood Police Department's four-man pistol team to City
Council:
Sergeant Robert Penney
Sergeant Leon Mull
Officer William Belt
Officer Randall Carson.
RESOLUTION NO. 18, SERIES OF 1970
A RESOLUTION CONGRATULATING AND COMMENDING THE
ENGLEWOOD POLICE OFFICERS FOR THEIR PERFORMANCE IN THE STATE
CHAMPIONSHIP POLICE MATCH.
(Copied in full in the official Resolution Book.)
Sergeant Penney, on behalf of the officers, thanked
the City Council for its support of the team and its expression
of appreciation.
City Manager Dial stated that the team had been obtain-
ing funds from local private sources to finance their attendance
at the national pistol competition to be held in Jackson,
Mississippi. Mr. Dial stated that with the approval of City
Council he believed the City could find any additional needed
funds to sponsor the trip to the national competition.
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 18, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
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Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Schwab.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE PUBLIC HEARING TO ADOPT THE MUNICIPAL CODE BY REFERENCE
BE OPENED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Schwab.
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried, and the public hearing
opened at 9:05 P.M. (Note: A tape recording of the public
hearing is on file with the official minutes.)
The following individuals appeared before City Council
in regard to the adoption of the revised Municipal Code:
Mr. John A. Criswell, attorney, 3755 South Broadway.
Mr. Criswell discussed the revised Municipal Code and presented
a memorandum dated July 6, 1970 with three attachments to City
Council.
Mr. George Johnston, 2401 South Pecos. Mr. Johnston
discussed the enforcement of the revised Municipal Code.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the
vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: councilman Kreiling.
The Mayor declared the motion carried, and the public hearing
closed at 9:35 P.M.
******
COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT
THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF
WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE
OPENED. Upon the call of the roll, the vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Kreiling .
The Mayor declared the motion carried, and the public hearing
opened at 9:36 P.M. (Note: A tape recording of the public hearing
is on file with the official minutes.)
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(Councilman Kreiling entered the Council Chambers
at 9:39 P.M. and took his seat with Council.)
Listed below are the items presented to City Council
in regard to the rezoning:
1. A memorandum from Mrs. D. A. Romans, Acting
Dire ctor of Planning, dated July 2, 1970 concerning the rezoning.
2. An a e rial photo of the subject area.
3. A map of the subject area.
4. A prote st p e tition filed with the Planning
Commission at their hearing on May 19, 1970.
5. A memorandum dated May 20, 1970 to Mr. Kells
Waggoner, Director of Public Works from Mrs. D. A. Romans,
Acting Director of Planning,concerning the testimony at the
hearing on May 19, 1970.
6. A summary of the annexation and zoning history of
the subject area.
Mrs. D. A. Romans, Acting Director of Planning, appeared
before City Council and reviewed the proposed rezoning. Mrs.
Romans indicated to Council that there was an error in the notice
of public hearing which was posted on the subject area. Mrs.
Romans stated that those citizens who were opposed to the rezoning
might object to the fact that an error was made.
Discussion ensued.
Mr. William F. Manning, 1540 West Tufts, appeared
before City Council and requested that the area be properly
posted and that the public hearing be postponed until this
was done.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED,
THAT THE PUBLIC HEARING BE CLOSED AND THAT AUGUST 3, 1970 BE
ESTABLISHED AS THE NEW PUBLIC HEARING DATE.
Mr. Richard L. Eason, attorney, 3311 South Broadway,
appeared before City Council and stated that he was in agreement
with Council that the public hearing be reestablished.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays : None.
Absent : None .
The Mayor declared the motion carried, and the public hearing
closed at 9:56 P.M. (See further motion pertaining to the hearing
date at the end of the City Council meeting.)
* * * * * *
The minutes of the Planning and Zoning Commission
meeting of June 2 , 1970 were received for the record.
* * * * * *
The minutes of the Parks and Recreation Commission
meeting of June 17, 1970 were received for the record.
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Th e minute s of the Board of Career Service Commissioners
meeting of Jun e 18, 1970 were received for the record .
* * .., * * *
The minutes of the Library Board meeting of June 9,
1970 were received for the record.
* * * * * *
Mr. Robert Baker, attorney, and Mr. Jerry Sturm, 3184
Edgemore Drive, appeared before City Council in regard to the
Peanut Barrel, 3535 South Huron. Mr . Baker requested that the
current license be allowed to transfer from Mr. Thomas J.
Nomina to Peanut Barrel, Inc. dba Holly South.
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE CURRENT LICENSE OF THE PEANUT BARREL, 3535 SOUTH HURON,
BE REISSUED TO THE PEANUT BARREL, INC. DBA HOLLY SOUTH. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini stated that Mr. Don Hanneman
had resigned effective July 1, 1970. Mr. Berardini introduced
Mr. George B. Lee, Jr. who had been appointed Assistant City
Attorney and prosecuting attorney for Municipal Court effective
July 21, 1970.
Mr. Lee appeared before City Council.
City Attorney Berardini stated that Mr. Lee had pre-
viously been municipal judge for the City of Aurora and that he
would resign that position on July 20, 1970.
* * * * * *
City Manager Dial introduced Mr. Dean Peterson from the
Colorado State Highway Department. Mr. Dial stated that Mr.
Peterson was taking graduate course work in public administration
and as a part of his work was attending the Englewood City Council
meeting.
* * * * * *
City Atto rney Berardini presented the opinion of Judge
Foote concerning the action brought by Mr. Leslie E. Howe, Sport
Bowl, 3295 South Broadway, against the City of Englewood to cause
the issuance of a 3.2 beer license to Mr. Howe. Mr. Berardini
stated that Judge Foote had ruled that the State's 3.2 beer act
takes preced e nce over the City of Englewood's ordinances which
prohibit Mr. Howe from holding a license and that the Judge had
ordered that the City issue said license.
It was the consensus of City Council that the City
Attorney change th e City Code by removing the restriction pro-
hibiting the issuance of 3.2 beer licenses within 500 feet of
a public or parochial school.
* * * * * *
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A proposed bill for an ordinance increasing the sales
tax from two cents to three cents was presented by City Attorney
Berardini and discussed by council .
Introduced as a Bill by Councilman Brown and read in full,
A BILL FOR
AN ORDINANCE AMENDING SECTIONS 16.5-3(a), 16.5-10,
l6 .5-16 (c), 16.5-17, l6.5-20(b) AND 16.5-38, OF THE MUNICIPAL
CODE OF THE CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID
SECTIONS FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL
SALE OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FULL
DOLLAR THEREOF; ESTABLISHING A SCHEDULE FOR THE COLLECTION OF
SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY
TAXABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING
AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS
EXCLUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND
INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY ($40.00) DOLLARS
TO SIXTY ($60.00) DOLLARS.
COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT
THE 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 as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab .
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial recommended that the City purchase
a tax certificate giving ownership to two lots in Southlawn
Gardens. Mr . Dial stated that the cost of the certificate was
$1,100 and that the land could be used in the future park develop-
ment near the ditch running through Block 13 of Southlawn Gardens.
COUNCILMAN LAY MOVED , COUNCILMAN LONE SECONDED, THAT THE
RECOMMENDATION THAT THE CITY PURCHASE A TAX CERTIFICATE FOR TWO
LOTS IN SOUTHLAWN GARDENS AT A COST OF $1,100 BE APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes:
Senti, Schwab.
couwcilmen Brown, Dhority, Kreiling, Lay, Lone,
~
Nays; Non e .
Absent: None.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO. 19, SERIES OF 1970
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA,
FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED.
(Copied in full in the official Resolution Book.)
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COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED,
THAT RESOLUTION NO. 19, SERIES OF 1970 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay , Lone,
Senti, Schwab.
Nays: None.
Absentr None.
The Mayor declared the motion carried.
******
RESOLUTION NO, 20, SERIES OF 1970
A RESOLUTION INCREASING THE HOURS OF OPERATION OF THE
MUNICIPAL COURT; INCREASING THE COMPENSATION OF THE ENGLEWOOD
MUNICIPAL JUDGE, THE ASSISTANT CITY ATTORNEY, AND ESTABLISHING
THE MUNICIPAL COURT CLERK AT GRADE 16.
(Copied in full in the official Resolution Book .)
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT
RESOLUTION NO. 20, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 20, SERIES OF 1970 BE AMENDED BY ADDING TO SECTION
3 AFTER THE WORD JUDGE THE FOLLOWING, "OR $65.00 PER DAY." Upon
the call of the roll, the vote resulted as follows:
Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO . 21, SERIES OF 1970
A RESOLUTION APPROPRIATING ADDITIONAL FUNDS FOR THE
EXTENSION OF MUNICIPAL COURT OPERATIONS BY EIGHT HOURS PER WEEK •
(Copied in full in the official Resolution Book .)
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 21, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None .
Absent: None.
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The Mayor declared the motion carried.
* * * * * *
City Manager Dial reported that City Attorney Berardini
is preparing an ordinance setting forth guidelines for approval
by the Water and Sewer Board of encroachments on City property
under the control of the Utility Department, specifically, the
City Ditch.
* * * * * *
RESOLUTION NO . 22 , SERIES OF 1970
A RESOLUTION ESTABLISHING BONDS FOR EMPLOYEES OF THE
CITY OF ENGLEWOOD IN ACCORDANCE WITH THE REVISED CITY CODE OF THE
CITY OF ENGLEWOOD, COLORADO.
(Copied in full in the official Resolution Book.)
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED,
THAT RESOLUTION NO. 22, SERIES OF 1970 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay , Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial presented a memorandum from Mr . Kells
Waggoner, Director of Public Works,and Mr. Stephen A. Lyon, Director
of Finance, recommending that certain traffic signal equipment
be exempt from the bidding procedure. Mr. Dial discussed the
reasons for the recommendation.
It was the consensus of City Council that an ordinance
be prepared following the recommendation.
* * * * * *
Mr. Stephen A . Lyon, Director of Finance, gave a report
concerning flood insurance, flood plain zoning, and the Urban
Drainage and Flood Control District for the City of Englewood.
It was the consensus of City Council that no action be
taken in pursuit of obtaining flood insurance at this time.
* * * * * *
City Manager Dial requested the approval of the attendance
of Fire Chief Hamilton to the 9th Annual International Association
of Fire Chiefs Conference in Seattle, Washington, August 9 through
13, 1970.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE ATTENDANCE OF FIRE CHIEF HAMILTON TO THE 9TH ANNUAL INTER-
NATIONAL ASSOCIATION OF FIRE CHIEFS BE APPROVED AS REQUESTED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays : None.
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Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial reported that Colorado Day would be
on August 3, 1970 and that this would necessitate the rescheduling
of the public hearing on the rezoning which had been previously
set for August 3, 1970.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF
WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE
SCHEDULED FOR THE FIRST OFFICIAL MEETING OF THE ENGLEWOOD CITY
COUNCIL IN AUGUST, 1970, AT 8:00 P.M. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated that he had received a request
from the downtown merchants to utilize sidewalks in the 3300 -
3400 blocks of South Broadway and adjacent streets during Old
Fashion Bargain Days, July 16 through 18.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE
USAGE OF CITY SIDEWALKS FOR MERCHANT DISPLAYS AND SALES DURING OLD
FASHION BARGAIN DAYS, JULY 16 THROUGH 18 IN THE VICINITY OF THE
3300 AND 3400 BLOCKS OF SOUTH BROADWAY BE AUTHORIZED. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab .
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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City Manager Dial stated that a Utility franchise check
in the amount of $34,500 had been received from the Public Service
Company for the previous quarter.
* * * * * *
City Manager Dial discussed the establishment of a
study session on July 27, 1970.
* * * * * *
City Manager Dial stated that the recent ruling by the
Colorado Supreme court overturning the Mountain States Telephone
rate increase was due in large part to the efforts of the Colorado
Municipal League and City and County of Denver in appealing the
original rate increase granted by the Public Utilities Commission.
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city council discussed a proposed traffic study of
traffic within the Englewood area.
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Councilman Kreiling stated that he had attended a public
hearing earlier in the evening in Greenwood Village concerning
the extension of South Clarkson from Broadway to Orchard Road.
Mr. Kreiling stated that the reaction of those citizens attending
the meeting was not favorable.
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Councilman Lay expressed his appreciation for the sympathy
and courtesy he had received by the council and administration
after the passing of his father.
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councilman Lone stated that he wished to thank members
of City council on behalf of the Englewood Jaycees for their
contribution to the fireworks display and for the utilization of
centennial Park.
* * * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT
THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried, and the meeting adjourned
at 11:35 P.M.
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COUNCIL CHAMBERS JUL2 'J '7 0
CITY OF ENGLEWOOD, COLORADO
JULY 13, 1970 COUN C IL MSL:I!NG FILE
CITY OF ENGLEWOOD. coLO.
SPECIAL MEETING:
The City council of the City of Englewood, Arapahoe
c ounty, State of colorado , met in special session Monday, July
13, 1970 at 9:30 P.M.
Clerk:
The following "Notice of Call" was read by the City
July 13, 1970
NOTICE OF CALL BY THE MAYOR
FOR SPECIAL SESSION OF THE CITY COUNCIL
MONDAY, JULY 13, 1970 -7:30 P.M.
The City council of the City of Englewood, Arapahoe County,
colorado, is hereby called to a special meeting in the City
Hall, 3400 South Elati Street, for the purpose of considering
an increase in the retail sales and use tax from 2¢ to 3¢ and
all matters pertaining thereto.
STANLEY H. DIAL
City Manager
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Councilmen of the City of Englewood,
Colorado, do hereby acknowledge receipt of Notice of the above
special session:
/s/ Milton Senti
/s/ Dallas Dhority
/s/ John Kreiling
/s/ Dick Lone
/s/ Howard R. Brown
/s/ Elmer E. Schwab
Notice was given to the following councilman who was not in
attendance:
councilman J. Lay
Mayor Schwab, presiding, called the meeting to order
and asked for roll call. Upon the call of the roll, the following
were present:
councilmen Senti, Dhority, Kreiling, Lone, Brown,
Schwab.
Absent: Councilman Lay.
The Mayor declared a quorum present.
Mayor Schwab stated that the reason for calling the meeting was
to amend the bill for an ordinance increasing the retail sales
and use tax from 2¢ to 3¢ in such a way to cause the reversion
back to 2¢ on December 31, 1976 to be automatic by incorporating
it within the body of the ordinance. The bill for an ordinance
approved on July 6 contained a declaration of intent to revert to
2¢ in the preamble, but did not incorporate this feature in the
body of the bill. Mayor Schwab stated that this would cause the
second reading to take place at a special meeting on July 27, 1970.
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City Clerk Lyon read the amended portions of the bill,
A BILL FOR
AN ORDINANCE AMENDING SECTIONS 16.5-3(a), 16.5-10, 16.
5-l6(c), 16.5-17, 16.5-20 (b) and 16.5-38, OF THE MUNICIPAL CODE
OF THE CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID
SECTIONS FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL
SALE OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FUI.L DOI.LAR
THEREOF: ESTABLISHING A SCHEDULE FOR THE COLI.ECTION OF SUCH TAXES
WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXABLE ITEM
INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING AND USING
SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS EXCLUSIVELY
DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND INCREASING THE
ITINERANT VENDOR'S FEE FROM FORTY($40.00) DOLLARS TO SIXTY ($60.00)
DOLLARS, AND DIRECTING THAT SAID INCREASE TAX EXPIRE ON DECEMBER
31, 1976.
COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT
THE BILL FOR AN ORDINANCE INCREASING THE RETAIL SALES AND USE TAX
FROM 2¢ TO 3¢ BE AMENDED IN TITLE AND BY ADDITION OF A NEW SECTION
7 CAUSING THE SALES TAX TO REVERT AUTOMATICALLY TO 2¢ ON DECEMBER
31, 1971 AND THAT THE BILL, AS AMENDED, BE REPUBLISHED IN THE FALL
IN THE ENGLEWOOD HERALD AND ENTERPRISE.
Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti,
Schwab.
Nays: None.
Absent: Councilman Lay
The Mayor declared the motion carried.
(Copied in full in the official Resolution Book.)
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
votes resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lone,Senti,
Schwab.
Nays: None.
Absent: Councilman Lay
The Mayor declared the motion carried, and the meeting adjourned
at 9:55 P.M.
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Precinct No. 1 • Mr. and Mr .~. Elmer W. Douglas, 2170
Ctly 0 F' F' cou 1 c 1 J'I . r tl ,.., l ' , r:or: ' . . u .•. , £:,....,.
l'j u / L ') f'\ '7 co < ·' 0
CiTt U N c tL 1\i ....
OF' i:N ·"-1/i· GLt:woC,~ r-i lt:
West Baker Avenue · Colo.
"SPECIAL CITIZEN PROGRAM INVITEES, July 20, 1970
Precinct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No.
2 -Mr. and Mrs. Roy R. Roush, 550 East Amherst Avenue
3 -Mr. and Mrs. Ernest R. Pippin, 2739 South Lincoln Street
4 · Mr. and Mrs. Charles R. Cook, 3888 South Inca Street
5 · Hr. and Mrs. Delon Melby, 2944 South Clarkson Street
6 · Mr. and Mrs. H. C. Dralle, 32 76 South Downing Street
Precinct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No.
Precinct No .
Precinct No.
7 • Mr. and Mr s . Mark Lambert, 3245 South High Street
8 • Hr. and Mrs. Paul Moseley, 3311 South Logan Street
9 • Mr. and Mrs. William B. Hanson, 3796 South Sherman Street
10 • Hr. and Hr ~. Tom R. Outcalt, 4285 South Cherokee Street
11 • Hr. and Mrs. Michael A. Hanover, 4385 South Grant Street
12 -Mr. and Mr&. Jimmy R. Cheek, 4454 South Cherokee Street
13 • Mr. and Mrs. Everett R. Myers, 2996 West Union Avenue
14 • Mr. and Mrs. Oren J. Durbin, 4998 South Inca Drive
15 • Mr. and Mrs. Harold Roberts, 4880 South Elati Street
16 -Mr. and Mrs. James G. Traseth, 4677 South Clarkson Street
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INTEI-OFFlCE
MEMOilANDUM
TO: Stanley H. Dial, City Manager
FIOM: Stephen A. Lyon, Dire ctor of Finance and
Charles B. Carroll, Jr., Director of Utilities
SUBJECT : SEWER DiqESTER NO. 2 BlD Cl
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1. Sealed bids were o pened J uly 9, 1970 for improvements at sewer digester No. 2
with results as explained in attached copy of letter from McCall-Ellingson.
2. Information is furnished that $4 0 ,000 originally was set aside for construction
costs and materials from various vendors for sewer plant improvements to digester
No. l and No. 2.
To date we have spent $14,340 to Dougan Construction Company plus $3,314 for
a gas compressor plus $6,864 for materials. The total spen t to date is $24,518
leaving a balance against original encumbrance of $15,482 to expend.
3. The consulting engineers fee for McCall-Ellingson is not to be paid from
the encumbered $40,000.
4. The low bid from Robert Dougan Construction Company of $22,350 exceeded
balance available for expenditure by approximately $7,000.
5. It is planned to add additional funds to the sewer plant improvement account
through fur·ther revisions to the 1970 budget in a consultation between Mr. McDivitt
and Mr. Carroll.
6. Item 5 of bid which was s andblasting and painting steel surfaces of the
floating cover which came in high at $9,200 will be separated from low bid
and rebid separately by City in normal fashion.
It is expected that the jacking of the floating cover out of digester and
lowering same will b e negotiated hopefully with Dougan Constru c tion Company.
7 . Recommend we proceed as planned and detailed above and in attached letter
from McCall-Ellingson.
8 . In s ummary, recommend Dougan Construction Company be awarded the contract
for $13,150 for Items l through 4 of bid, Item 5 of bid (Sandblasting and Painting)
be rebid by City , and costs o f raising and lowering of cover of the digester
conne cted with Item 5 be negotiated. It is estimated that Item 5 com ple te costs
wil l be approximately $6 ,500 , thus totaling $19,650 for completed work on Sewer
No. 2 Dige ster .
Director of Finance
HTR/kr
Attachment: Letter from Mc Call-Ellingson
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MCCAL.L. EL.L.INGSON
C 0 N. U L TIN G II N .G IN 1111 R 5
1721 HIGH STREET • DENVER, COLORADO 80218 • 388·0856
Herold G. Ellin~, P.E.
Harbert S. t.4cCall. P .E. • L.S.
July 13, 1970 Lee S. w.li ... P.E.
Hr. Charles B. Carroll
Director of Utilities
Municipal Building
3400 s. Elati Street
Engl.-de Colorado
Dear Hr. Carroll•
OF FI C IAt-:
CITY CC ll r tL nO CI..i "f ~~
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c our ,-,,,~ · · , , i L~
CITY OF £ iCl..F .,;"..&,& .. ~.!::@..
The following is a tabulation of bids received July 9, 1970, for Digester No. 2
Illpro,_nts at the sewage treatMnt plant (for.erly called the West Di&ester,
Plant No, 1).
Iteu Bifcaen
Robert Dougan York PlWibing
Conatr. Co. ~ Heatina Coo
ENGINEER'S
ESTIMATE
1 Remove existing piping. furnish
and install sludge recirculation
piping and gas piping encased in
concrete.
2 furnish and install exposed gas
recirculation piping and gas
utilization piping on top of the
structure and in the interior of
the control building.
3 Furnish and install supernatant
withdrawal piping.
4 Furnish and install access man-
hole in Digester No. 2
5 Sandblasting and painting steel
surfaces of the floating cover
6 T o t a 1 s
7 Calendar days after Notice to
Proceed to complete work.
$ s,ooo.
4,Ht.
1,450.
2,700.
91200.
$22,350.
75 days
$ 6,900. $ 5,000.
i,2H. '"·
2,930. 600.
1,711. 1,500.
91800. 41500.
$27,541. $12,500.
90 days
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MCCALL ELLINGSON
Hr. Charles B. Carroll
P~e 2
July 13, 1970
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Because of the great disparity between the low bid and the Engineer's estimate,
the low bidder has written a letter to the engineer to justify his bid. A
copy of the letter is enclosed. The low bidder also has offered to r.-ove
Itea 5 from his work without changing the reaainin& four lt ....
Bid re.ults appear as follows on an. itea by-item basis•
For tbe aame wrk done undc It• 1 of the April 9 bid, the liddc bid
sli&htly more to reflect a ... 11 ..aunt of additional pipe
and the added nqui.r~t of bondiq.
This item vas in exact agre•ent with tbe Eqineer•s estlllate,
The cost of materials for Item 2, including sales tax, is about $535,
The Engineer's estimate included $185, for labor (12 hours plu.ber and
helper at $15/hour) and $180, for 25% ovemead and profit, The Bidder
(not unreasonably) will not discUss hia labor hours. However, he stated
that the plumber he uses charges him $20. per hour for pl~er and helper.
He further states that his overheads for ... 11 tools and supervision run
35% on a job this saall and mean, and that he wants 25% in addition for
profit and risk. After discussiq the tasks with the Bidder it appears
that 40 hours for plumber and helper might be needed, Takin& the precedin&
into account, the it .. appears as follows•
Material
Labor
35% overheads
25% risk and profit
T o t a 1
$ 535,
800.
467,
451.
$2,253,
In conclusio1., the Engineer• s esti.aate for It• 2 nov appears low. How-
ever, the bid appears over $1,500, higher than would result froa the
Bidders• stated approach to bidding this job.
~ On April 9 the same Bidder bid $1,200. for about twice the work that is
involved in this item bid on July 9 for $1,450. The Engineer's estt.ate
was half the April 9 bid, or $600. The Bidder states that his costs
overran his estimate on the first job, so an increase in the bid vas
necessary. This increase appears to amount to $850.
~ Cost of this i tem to the City was the subject of firm quotations from a
materials supplier to furnish the materials; and from the present low
bidder, when he was contractor on the earlier job, to install them com-
plete. The total of these quotations came to less than $1,400. The
Engineer's estimate of $1,500. on this present project included the
bonding requirement.
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MCCALL. ELLINGSON
Mr. Charles B. Carroll
Paae 3
July U, 1970
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The bid of $2,700. is $1,200. higher than the total of previous quota-
tions plus a bonding requirement •
.!l!!!...l There is 3,400 square feet, roughly, of surface to be sandblasted and
to receive two coats of Inertol Poxitar, a heavy industrial epoxy
coating designed for this use. The Engineer's estiaate includes $1.
per square foot for sandblaatin& and paintin&, which fro. all informa-
tion available, except the bide, appears on the hi&h aideJ and $1,000.
for jacking the floating cover into place above the digester vall to
sandblast and paint the exterior edge. A painting contractor quoted
all the work, except raising and lowering the cover and cleaning up the
sand from the digester floor, for $4,500. or $1.29 per square foot.
This still appears hilho The Bidder states that he had over $3,000.
of crane time to lift the cover out of the digester, set it on scaffolding
above the ground outside and return it to the digester after painting.
He states that this procedure vas the basis of his bid, althoueh he
might have gone to jacking as a 1~-cos~ aethod.
It appears that a reasonable cost for Itea 5 might be about $6,000.,
and that $3,200. savings aight be realized by the City by separating the
item from the contract, as offered by the bidder.
Further Discussion. In the instance of this project, which is small, dirty,
difficult and risky, the standard advertiain& and open bidding procedure pro-
duced exactly the sam. bidders as did previous closed bids by invitation on the
earlier similar projS<..to 1-\lrtber, the bide are hiaher tban earlier bide were
on similar items under the invitation biddingJ and, we believe, are substantially
higher than costs to the City would be if the City could have hired the low
bidder to do the wotk at cost-plus on a negotiated time-rate, equip .. nt-rate and
invoiced materials cost basis.
Few contractors are interested in working inside a sludge digester -even a
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cleaned one -and these are relatively large firma. (Reasons given for not bidding
included the dirtine6s of the job and the effect of this factor on contractor
employees, the difficul t y, the risk, a fear that excessive supervision and manage-
ment time which contractors are short of will be required, and an almost super-
stitious fear of methane gas explosion, the liabilities from which could sink a
small fir~~~.)
In standard open bidding, the bidders list is public knowledge, and plans and
specs are held by contractor request. In bidding by invitation, plans and specs
are held at the OWner's or Engineer's initiative and the list is not public.
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MCCALL ELLINGSON
Hr. Charles B. Carroll
Page 4
July 13, 1970
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In the Denver area, contractors who bid sewage and water treatment plant work
are specialists. They know each other through constantly attending bid open-
ings together, belonging to the Sallie contractor organizationa, ellploy1ng the
same subcontractors, and reading public listings of bidde~•• project awards
and active jobs. They generally talk to each other fr .. ly about ca.mon
contractor problems. They are not, to our knowledge, collusive in the sense
of agreeing who will be the successful bidder on a project and revealing
bids prior to an open1ng. In this present bid openiq, collusion vas entirely
unnecessary. The low bidder knew only one fil'lll was bidclin& qainst hia, who chis
was, knew what the other fil'lll had bid on sbailar work at the earlier openin&
and preSUIII&bly knew the other fina's relative vorkloacl. (bow badly it Jli&ht be
wanting the job).
In a sta a rd open bid-letting, a contractor's ~ral obli&ations are ca.pletely
fulfilled by not being collusive. So long as his bid is above his cost plus
what he wants for doins the job, he is completely free to adjust the bid to
whatever he feels he can get the job for. This approach .ay have been operating
in this instance.
It is about as likely, however, that since the job is · small, dirty, difficult
and risky, the low bidder just wants that much to ~the job, or he would pass
it up. This is the position the low bidder 11 now taking, aDd was an el-nt
which was not open to close evaluation by the Engineer. The £n&ineer 1 s
approach -• that since a silliJ.ar job had been succeesfully COIIpleted without
mishap tJI! elaent of risk was IUbstantially reduced. Therefore the cont1ngenciee
included in the Engineer's eeti.ate were substantially reduced froa tbe first
project to the second.
Reco~dations
We rec011111end 1
1. That the City accept the low bidder's offer to separate It .. 5 fro• the Pro-
ject.
2. That the City acc ept the low bid from the Robert Dougan Construction Company
on IteJII 1 through 4, totalling $13,150.
3. That the City invite quotations from 3 or 4 large painting firms
industrial coating work for Item Sa · Sandblasting and Paibt1ng.
that do
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MCCAL.L.
Hr. Charles B. Carroll
p&&e 5
July 13, 1970
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4, That the City have Robert Dougan Construction Co. jack the floatin&
cover out of the disester on a cost-plus bash, web as that flra 1a 1
nov vorkin& under on conatruction of a sevase lift station for the City.
The details of the jackin& procedure would be worked out by the En&lneer
with the Contractor's concurrence. The risk ln the Jackin& proce .. would
be taken by ths City.
Project~
The project cost 8\PIIIilry under the precedin& r~atlona 1a as followaa
Avard to the lov bidder, Robert Dousan Construction Co.
Estimated cost of sandblastin& and palntin& contract,
includin& scaffoldin& and ventilation, under invitation bids
$ 13,150 .......
4,200 • .._..
Estimated cos\. of jackins the floatlna cover out of the di&ester
and loverins it back into the di&ester 1,800.
Subtotal 19,150,
Allowance for continsencies,·lo% 1,900,
TOTAL
Respectfully subaitted,
He CALL-ELLINGSON
H. s. McCall
HSHIVV
Enclosure
$ 21,050.
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f' I G \fc,cv'~~> FINANCE DEPARTMENT
0 t,...lc\1~"' '-' REALIZATION OF ESTIMATED REVENUES
c\-0 cO >-1 GENERAL FUND
'\ 'l (') '1 () €. For Month of June, 1970
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~-o·.\:'-' '0 oO · nticipated current To Date % of Est. Last Year
00~c1'-l'lc;\.-E.',J'J Revenue Month Collected To Date
c of"-Propee~ Tax $ 188.626 $ 27,238 $ 111,192 59 $ 128' 216
Sales Tax 1,686,570 155,082 928.701 55 647,898
Franchise Taxes:
Public Service 92 '000 109,555
Mountain States 51,000 34,500 28,551
Water Utility 25,744
Sewer Utility 81816
Total 177,560 34,500 138,106 78 92,335
Other Taxes:
Spec . OWnership 20,500 19,422
Cigarette Tax 95,700 8,317 47,826
Liquor Occupation 111100 200 101433
Total 127,300 8,517 77,681 61 75,301
Fees & Permits:
Street Cuts 2,200 292 1, 291
Building Permits 20,000 2,613 13,561
Electrical Permits 5,400 758 4,741
Plumbing Permits 1,600 267 1,555
Spec. Reg. Fees 43,500 1,263 35,613
Dog Licenses 715 3,383
Misc. Licenses 261500 21168 241693
Total 99,200 8,076 84,837 86 79,131
Municipal Court 48,000 7,404 27,196 57 27,236
Revenue from Other
Agencies:
State Liquor Lie. 1,150 236
State H/W Users Tax 177,100 14,505 97,696
County Court Fees 21400 238 11887
Total 180,650 14,743 99,819 55 76,742
Service Charges:
• Libr ary Fees 7,400 664 3,641
Engineering Fees 5,700 72 608
Mobile Home 1,500 201 993
Police 3,500 296 1,894
Fire Districts 21,000 61 11,180
Libra ry Contract 34,064 8,575
State H/W Maint. -----21600 433 11300 361148
• Total 75,764 1,727 28,191 37 24,861 I • •
Other Revenues:
Interest 6,000
Miscellaneous 41000 11816 7 785
Total 101000 11816 7 785 78 415§9
Revenue ~215931670 ~2591103 ~115031508 58 $111671596
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FINANCE DEPARTMENT
EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS
GENERAL FUND
For Month of June, 1970
Annual current Current Spent & % of Last
Budget ~ Encumb. Encumb. Budget Year to
To Date Date
City council &
Boards:
City Council $ 22,732 $ 1,789 $ 11,562
Board of Adjust. 1,965 115 769
Career Service 1,140 90 555
Planning & Zon. 1,993 576 1,273
Library 600 15 96
City Attorney 401208 21860 181183
Total 68,638 5,445 32,438 47 23,726
Management:
City Manager 52.218 4,635 20,280
Personnel 231551 11978 111746
Total 75,769 6,613 32,026 42 36,891
Finance:
Finance Office 117,487 9, 377 55,545
Municipal Court 261755 11679 161413
Total 144,242 11,056 65,958 65, 523
Public Works:
Engineering 91,814 8,489 34,837
Streets 364,722 44,376 157,939
Traffic 97,595 10,610 54,454
Building Insp. 71,546 6,067 27,538
Building Maint. 1101037 71720 521 315
Total 735,714 77,262 327,083 44 349,480
Fire Department 495,803 39,745 241,997 49 189,332
Police Department 627,406 47,823 312,178 50 282,314
Parks & Recreation 260,462 19,885 116,986 45 92,540
• Planning 57,055 2,906 21,900 38 19,704
Library 12 3, 460 8, 273 50,244 41 48,582
General Government:
Central Services 15,828 1,783 7,950
General Operation 60,835 3,835 42,278 I Employee Benefits 840 • •
Total 771503 51618 501228 65 371679
Total Expense ~216661 052 2241626 ~112511038 47 ~111451 771
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FINANCE DEPARTMENT
REALIZATION OF ESTIMATED REVENUES
PUBLIC IMPROVEMENT FUND
For Month of June, 1970
Anticipated current To Date % of Est. Last Year
Revenue Month Collected To Date
Property Tax $ 95,042 $13,724 $ 56,02 5 59 $ 64,603
Sales Tax 194,886 17,918 107,299 55 186,602
1,435
Interest 5,000
Miscellaneous 2,500 10 75 3 2,067
Sales Street Shops 57,000
Total Revenue ~354,428 ~31,652 ~163,399 46 ~254, 707
EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS
ClUIIulative current crurrent Spent & % of Last Year
Appropri-~ Encumb. Encumb. Appro-To Date
at ion To Date eriation
Paving Dist. #19 $ 90,000 $ 12 .01
Park Improvement 36,000
central Shops 10,035 3,454 3,454 34
Aerial Ladder (134) 57 100
Fire Station #1
Relocation 277,738 525 2, 372 .08
Police Relocation 20,180 480 2, 901 1
Storm Drainage 103,565 2,643 57,357 60,000 58
School Signals 24,386 1,309 5, 829 24
Broadway-u.s. 285
Signals 16,801 816 816 5
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Santa Fe-Dartmouth
Signals 6,000 122 4,073 68 I
Fire Station #4 5,000
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Total Expense ~589,571 ~9. 349 ~57,357 ~79,514 13 $64,088
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Water Sales
Other:
Tap Fees
connection Charges
Property Tax
Rentals
Interest
Miscellaneous
Total
Total Revenue
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FINANCE DEPARTMENT
REALIZATION OF ESTIMATED REVENUES
WATER FUND
For Month of June, 1970
Anticipated current To nate % of Est.
Revenue Month collected
$788,874 $31.675 $412,727 52
950 311 550
30,000 2,838 17,143
316 46 186
12,095 1,934 4,936
25,000
71200
31979
751561 51129 261794 35
!8641435 ~361804 ~4391521 51
Last Year
To Date
$369,789
441278
~4141067
Spent & % of Last Year
EXPENDITURES & ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS
Annual current current
Budget Month Encumb. Encurnb. Budget To Date
To Date
Production:
source & Sup. $ 26,109 $ 2,261 $ 13,223
Power & pump 97,575 11.524 39,442
Purification 731827 81901 361581
Total 197,511 22,686 89,246 45 $ 84,895
Trans. & Dist. 107,279 5,099 33,074 31 29,938
Administration:
Account & coll. 52,200 3,549 23,732
General 951970 31609 381923
Total 148,170 7,158 62,655 42 57,943
De bt service 374,123
64,161 17 69,802
675 2 20,000
Miscellaneous 25.752
capital Plant &
Equipment 581000 513 451939 79 661805
Total Expense !9101835 ~351456 ~2951750 32 $3291383 =
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FINANCE DEPARTMENT I REALIZATION OF ESTIMATED REVENUES
SEWER FUND
For Month of June, 1970
Anticipated current To Date % of Est. Last Year
Revenue Month
collected To Date
Disposal Service $250,000 $30,171 $136,225 54 $131,957
Other:
Connection Fees 3,100 2,367 13,912
conn. Fees out-
side 20,000 810 14,418
47 1, 238
Tap Fees
Interest 30,000
Sale scrap
Material
15
Miscellaneous 750
600
Total 531850 31224 301183 56 221306
Total Revenue !3031850 ~331395 ~1661408 55 ~154, 26~
EXPENDITURES
& ENCUMBRANCES CHARGED TO 1970 BUDGETED APPROPRIATIONS
\ Annual current current Spent & % of Last Year
Budget Month Encumb. Encumb Budget To Date
To Date
Treatment $ 82,555 $10,103 $ 45,911 56 $32,738
Sanitary System 40,915 4,395 18,377 45 17,632
Administration:
Ace. & Coll. 14,168 1,393 7,732
General 251042 11393 91701
Total 39,210 2,786 17,433 44 13,590
101219 14 11,051
Debt Service 75,758
2,448 10 20,975
Miscellaneous 23,816
capital Plant &
Equipment 30 1ooo 111573 311224 631516 100 21474
Total Expense ~292 12 54 ~281857 ~311224 ~1571904 54 ~981460
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City of Englewood
School District No. 1
Outdoor Pool
Indoor Pool
sports & Games
Cultural Activities
Playgrounds
Special Events &
Programs
Interest
Other Income
Total Revenue
• ou door Pool
Indoor Fool
S po r • & Games
Cu l tur al Activities
P laygrounds
Specia l Events
Genera l Operations
Total Expense
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RECREATION FUND
For Month of June 1970
Anticipated current TO Date
~ Revenue
$ 41,270 $20,635
17,300 2,441
14,150 5,260 5, 260
13,350 1,273 3' 277
15,100 4,405 13,503
12,400 3,057 8,353
800
2,440 166 518
300
800 4 227
~117,910 il4,165 ~54,214
EXPENDITURES
I
% of Est. Last Year
collected TO Date
50 $12,000
14 5,175
37 921
25 2,153
89 12' 966
6, 521
21 631
131
Le_ 460
46 ~40,958
current current Spent & % of Last Year
Annual
Budg:et ~ Encumb. Encumb. Budg:et TO Date
To Date
$ 15,949 $ 3,683 $ 4,613 29 $ 2,989
21,411 1,177 4,444 21 4,672
42' 011 2' 932 13,781 33 15,720
18,906 2,424 9,662 51 8, 827
6,342 1, 612 1,667 26 2,026
5,415 234 1,034 19 1,046
12' 109 1,329 6,150 51 4,234
p22. 143 pl. 391 i41,35l 34 p9 1 514
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INCOME
EXPENSE
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BUS OPERATIONS
Income and Expense
as of June 30, 1970
Fares
Miscellaneous
Total Income
Salaries
Repairs & Maint.
Gas and Oil
Miscellaneous
Total Expense
BALANCE
$2901.00
500.00
$1499.00
259.00
42.00
7.00
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$3401.00
$1807.00
$1594.00
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At any conference of
made among the great
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th e Am e r f~a~,Ll~~~-A ~sociation difficult choices must be
nu mb er'ti1 program meetings scheduled s i multaneously.
My choi c e s included done-day workshop on staff development. ln addition to
prepared talks on th t familiar methods of released time fo r <ducational purposes,
attendance at profes ,i un a l meetings, committee assignments, <mployment of only
those employee s who ha v~ growth potential, there was time fo 1 general discussion,
Much of this related t o the fact that employees of all kind~ are demanding more
voice in management d t c isions . There was no general agreement, since, as in other
fields, librarians hav e difficulty in identifying those ar~a • where staff par-
ticipation in decisi on s is most effective.
1 also attended a serl ea of five meetings on the topic of PLnderstanding and
Satisfying the Library L'ser", This was especially intere s tini as the speakers
were anthropoligists , ,oc ial workers, and communication expt rts as well as
librarians . A strong po int was made of the difficulty of l nentifying and serving
ethni c and minority gro up s without categorizing them in way which they con-
s i der demeaning. By far the most interesting meeting wa s o n~ at which a com-
munication expert used opti c al illusion slides to prove that one's perception
depends on experience and that not all people perceive alike ~r at the same
rate, Librarians were given an hour of the same sort of frustration which is
common to library user s who are unfamiliar with library arrangement and cata-
loging. A follow-up rr ee t ing gave us opportunity to s ee how f rustration for
the read e r may be avoided by s killful, understanding library s taff, The focus
of Dr. Schmitt's talk wa s that data processing can handle the information ex-
plosion but interpersonal relationships can be solved only by c ommunication.
The concluding ses s i o n -we re devoted to suggestions for serving all people in
the community by re s ponding (with books and other material s ) t o urgent needs,
keeping in touch with s ociety, and listening and learning fr oo the various
segments of the commun i ty rather than relying on one's preconc ~ived ideas and
tastes, Perhaps the bes t evaluation of the serie s is the fa c t that the at-'
tendance wa s about 1200, e ven though most of the sessions wer e held at 8:30 in
the morning,
Other me e t i ngs I att e nded we r e r e la t ed to the more techni c al a ~pe c t s of l i brary
work--boo k se lec tion, c atJ Logi ng, and cooperation among llbrar les .
At the Detroi t confer e n c~ a bo ut a day and a half were d e •o ted to the memb e r s hip
meeting, which usually r e q u i r es two o r three hours , The di s cu ss ion centere d on
a report "New Di rec ti o ns fo r ALA". While much o f the di sc uss ion wa s not germane
to the local library si tu at i on, we all gained insight into th e s oci a l c han ges
which may eventually c h a nge library s ervice,
One of the benefit s of suc h conf e rence s is alway s the o ppo r tunity t o talk with
c olleagues f r om all part s o f th e c o untry--to find o ut wh at I s going on in o th e r
libraries , and what th e i r pro blems a r e and the s o lutions they h a ve found.
Among the 600-700 c omm rcl al e xhib its one may see new boo k s , ne w equipment, and
n e w way s of a ccompl is h ing Library r o utine s , 1 was a ble t o com pare featu res and
pri c e s of s uc h e qu i pment a s re ad e r-p r int e r s and ph o to-charge r s wh ich t he library
will need t o pu r chase i n th e f u t u re .
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One very practical outcome was a talk wit~ the Cerstenschlager representative
about the problem we have with the bookmobile, especial • ln cold weather. He
has promised to cOllie to Englewood to look at the "Road Runner" within a month.
From the information I was able to give him, he believes that the problem with
the transmission is an unusual one, but one which can be easily corrected.
I appreciate the opportunity to attend the ALA conference and hope the Englewood Library will benefit from it.
Harriet Lute
Director of Libraries
Englewood Public Library
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RETIREMENT BOARD
CITY OF ENGLEWOOD
JULY 7, 1970
OFF! CIA~
CITY COU .JCIL DOCUM ENT.
I , ,... I J ~. J .,. )
COU N CIL ~.;E::: ;1. .G F ILE
CITY OF ENGLEV/000, C0LCt
REGULAR MEETING:
'l'he meeting was called to order by Chairman Dhority
at 7:30 P.M.
Members present: Dhority, Brown, Fitzpatrick,
Garromone, Oakley, Lyon.
Members absent: Orr, Roberts.
The minute s of the last meeting were approved as
presented.
Mr. Lyon stated that the following proposals for
trustee services for the Pension Fund had been received by his
office:
Boettcher & Company
central Bank & Trust
Colorado National Bank
First National Bank of Denver
Denver u. s. Bank
First National Bank of Englewood.
In addition Li o n e l D. Edie & Company had mailed in a proposal
which had been received prior to the deadline by Mr. Dhority.
The Board reviewed a c omparison sheet of those submitting
truste e s e r vi ce proposals. After discussion the Board selected
the follow ing f i rms to appear July 28, 1970 at 7:30 P.M. to make
oral pre s e ntat i ons and to discuss their services with the Board:
c e n t ral Bank & Trust
First National Bank of Denver
F irst National Bank of Englewood.
Th e meeting adjourned at 9:30 P.M.
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(; r:~.:~· Ilft'RODUCKD AI A IILL IY COOIICIUMlf t J ,f'l'Y ' . . ·
UhCG(f2 \./Q (.; ~
BY AUTHORITY u . coLo.
ORD INANCE NO . 2 k • SERIES OF 1970
'"
Alf oaDIMac:K ADOPI'IRU "rill 1969 1191AD IIJlllCIPAL CODI or '1'111
Cin C:. BICUWOOD" llOlUOUTlliD TIIIIIIW ~ IUILDI. COD& at n. ern AIID COUift'Y or DUYD ,_ riD PIIYIIftiOlf con. A1ID THE
ICKaL TIAn'IC COllE POll COLOIA6o JIJlfiCIPALITDI L!B COLOIADO STATE
'l'IARIC CCift'aOL IMlfUAL A1ID ALL 0'1'110 GBlfiiAL uaoDIAlfCIS or Till
CITY or ElllLIWOOD; PR06-ID1NQ POll Till IIPKAL al ALL ORDIIIAlfCIS
OF A GIRIIAL AND ....... IIA'I'UII lfOI' DCUJim> TBII~VI
AlfD DCin SUCB OllDDWCII PMTICUJ.AU.T IPICUIID AI P!ID
PR.<It SUCH UPIAL; PllCWIDIJIJ rc. PIIMLTIU rca VIOLATICR or 'l'lll
ftOVIIICial or lAID COW AIID ll'l'fUIJ fQftll or. RMLTDS ftCNim&D rc. Ilf SAID COllE; PllCJ'IIDDG rca A PUBLIC .-MDII Olf 'l'lll ADOPI'ICII
or SAID CCII& Atm PIOVIDIIIJ roa 'nil IFPICTM DATE or SAID COla
IE IT ~U.D IY T.-CITY COUICIL rJI or. ern or DGLIWOOD,
tbat:
8!C'UCit 1.
Deflaia& tbe ,._n aad •ctea of tbe wriaua dapa~twau
of tbe City iDd the ecW.Diat~atioD tbenof• pnvt.cllaa f~ fue
protection, police protection! public Ub~ad.ea, aacl tbe p~o
teotiola of health aacl aaaitat on; tbe nplation of aat.ala aDd
fowla, bouaiaa, aipa aad billboUcla, builcliap, el.eotiona, clia•
poaal of lftMie, t~uh aad wah aale aad aae of~.
padca aad ttlaJinuacla; tbe Hleatloe aad npWiOD of pen .... l;
the lS...iltl aad nplatioa of -.-u illd -••••at deYic• •
buildiaa aonttaet«a • food ... J..a • alcoholic ...,.~ ... • •~can•
tile aatablia..._ta • health the~apy eatablle'-ata, cable tele•
YiaiOD, and other tradea, occupationa aad buai.Maaea; definina
and prohibitlna cenain offenMa, the replal:ion and accaptaaoe
of plata ...t auWiYiaioM; tM ClOMtnetlOD ..S nplatiGD of
,Ulic ~· 1ate, acneta _. at-..1u1:r nploat:lOD of
t~afft.a, ..cer _. ..,.... , aad tile aM of ; eM ~ of
c ... ..a the f1ainl o::=:lt'-.... otllft PI'WlalGM of a pn• enl ..cun witllla tM c of ._lewod, aai lea fOU..ee Jurle•
clietlaa, .Ull a.. ill n wltll tM c ... of "'llle 1919 I.e•
Yiaed *-ielpa1 «:.-of tbe City of -~_. tbne eutifl.ecl
copS.. of wldU an oa file ln the offtee of ae City Cleft, to-
_... wltll all •••dfll'z _... 611y ~ ... tilcOI'Pft•tH
tbaaill by nfenDM _. Mf be I.Mpaat .. 6n'lal nplar llaaS..aa
boan. the aaicl ltd l.eYlHd Mlaaielpal Code of tbe Cit)' of l•le·
wocl u benby adopted ..t S.ftpftatacl in tlala oril.nence u fUlly
u if HC out at leaatb benin, eacl aball a.. tnatecl eacl conaldared
u a new and odaina1 ca.pnbaaaiw ~•·-• -..eh aball aupe~
aede all otbH ...-a1 aai ,.l'tl? at .nt=a ua paMd by tbe
City c:oun.u, prior co~..., 11 1970, ... ~ ..... aft• the
clata OD ...... thia Ol'cltu n Mall uu effleet, tile pnri.aiODa
tbenof ahell be controlU.aa OD all •ttua coetai.Mcl thenin,
eave and except to tbe extent tbat aay accl•MM• eaacted lletwen
J~ 1, 1970r and tbe ef&ctiw clate of thia oriinaace 1a in
conflict the~eVJ.th •
IICl'IOI! 2.
The followlaa HGOIIIIan ..... en ~ ill tile aaid
ll.eYU.cl Muaicipal Code oft .. City of blleWecl, -., nlanDM:
(a) The Juildilla CoM ef tbe City ... c..ty of .....,.~ •
Colo~aclo, beln& Cbapte~• 4 tbroup 43, 45 tbrauah S2, aad 59, of
Ordinance No. I, Se~ie• of 1969, duly a dopted bj the City Couacil I 0
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of the City and County of Denver 1 Colorado 1 on tbe 17th day of
January 1 1969. The eubject of aucb code 1a the raaulatlaa of
the cOMtnotion, altaratlaa, 8Gri.aa. da.olition, rapair ad uH
of any bulldlq or atruetun vltblD the City.
(b) fin Pr ... atloD Coda, pabllabad by the AMrlc:an Inaur•
anc:e Aeaociatiaa auc:c:aaeor to the Natloaal Board of fire UDder•
vritare 465 California Straat, San rraacuoo California, 94104,
1965 &dlt1aa 1 toaather vltb the October 1966 Rnillaa thereto.
The aubjac:t of eucb coda 11 the raaulatlaa of conditlonl buar-
doue to life and property fro. fin.
(c) Model Trafflo Ol'dlaaaca for Colorado Jtmloipal1t1ae
publlabad lD 1966 L~~--offlolally apprOftd, adopted ad publ11W
by the Colorado H~y lafaty eouaou. ltaca Capitol lulldlaa I
Danwr Colorado. The eubjaot of 1ucb ~ 1a the rapla•
Uon ol trafflo and nfcm:-t of the rule• of the road ad the
aclalnlatratiaa of the •-.
(d) State Trafflo Control Hamill adopted by the Colorado
Daparc.Dt of Hlab•y•. The eubjac:t of IUCb Code 1a the ataadard
utill&ad 1n ialta111aa and .. tatalalna traffic control davie:••·
SEC;tlOR 3.
!'be wrd Coda My ba uead u aa abbrnlation for "!'be 1969
Revlaad Municlpal Code of tbe City of &qlawocl" •
ngrp 4.
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All ..... ral pn¥1aiou, tar. ,_ .... ..S upnellou uMd
1a the Coile 1 or uy ontnanca ~-the .._ • eball ba llbanlly
c:outruad 1 1D order that the tc. latnt alld --taa of the City
Couacll.., ba fully carried o.at.
SEC'l'lOI! 5.
All ordtMaeee ad parte of ordlM..,.• of a aeaeral a .. per•
--.at aatun aoc ooataiaad 1D the Code are hereby rapaalad, ••·
capt tbola ordlaaDCal paeead au....._..t to Jalalary 1 1 1970 1 but
nela npaall aball aot ba affeotlve ad oparatlw pr1or to the
affac:tiw ad oC:!~" data of the 1969 ....._. Mlaalolpal Code of
the City of laa ; prori.W 1 bow .. r 1 cllat DOtblaa oontalaed
benlD eball be coaetrued u u atta.pt to npaa1 or -..d aay
ordt-ac• paeMd by a •ot• of the people of the City of laalawood,
._.pt iMofar u the •-•Y ba euparaede4 by or la Yiolatlon
of the Cbartar of &aal.ewaod or tbe CoaltltutloD of the State of
ColorMo.
SIC;tlOI 6 •
lotblaa oontaiaad la tbll cmllnaaca eball ba coaet'I1Md ae a
Ualtatioa Oil the powr of the City CouacU to cUa&a obdoua
typoaraDbical or c011p01itlaa errora 1a the Coda vlt6out cbaaa• of
laaal a Ifact.
S&g'lCif 7.
Tba clueU1cat1aa aad arr-.a•at by o~tar 1 article aad
ou.bar ayataa of eaotlODI of the Code 1 u wll u w:he aource
not••• aaDOtatlona, aad other .. itortal •tter lall.._. la Mid
Code, ton DO part of tbl laatalatlw tac cmlai.Md blnby; aucb
laclullon 1a only for tbl ~of ooanat.oe, or'-17 an ..... -
.aat aad tafcm.atlon, ad, tblnf.n1 DO t.pU.eatiOil • pneUIIptloa
of a laaialatbe eoutructiaa 1a to N .... tblntn.. I 0
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SECTIC. 8.
'l'be 1969 RftiHd Mlla!eillal CoM of Clle C1&7 of ... lnood
u pultli.8bod aball be ~-eo~ ropeftJ of clio Cley of l .. lo•
wood, u .,..., ~lloroof ..a allal be OOPJT~ k ad lD be•
half of ~he City of -~ ~ ~-Ci~7 C~.
S!CTlCP 9.
(a) '!'be City Clan aball d1atr1bu~a aucb aau of tbo Code
and ••ndwm~a tbora~o u •Y be aocoaaary ~o ~-varioua do· part.nU of ~be City f• ~-offielal uoo of Ci~y offlcara, boaru ADCI o~aioaa, ad for acbap P'I90H• for aiail.ar
publlcatiou of oebft oicioa. All vo~ -.•p•co4 for official
uH aball .._ia Cbo pnpofty of ~-City of --~ for Cbo uaa
of aueb offiolala ... CIMtiz ....... _. _. .... 11 ._ ._Ia ••1&·
nat101l. 'l'be City Clerk aball ,..,. ... or c ... to 'M ,...,_..a
liat of clio Ci~J offi.Mn, boari8 aad c-••at.a-. aball n•
cdw for offiolal uao Mta of MU CoM, ... U.ll Cbnwpoa •·
Uwr aucb aota to aucb offioora Caldna a ncoipt for aacb Ht
ao •uw..-.
0.) lu......._.t to c• offootiw claco of tlal.a adiuaca,
tbo C{~y Cl.ork aball keep oo baad a nu.altla ...-... of tbe
Codoa bonia a-,ted tft Mlo to tM pultlio a& a ,a.-to be ...
tafti.Md ~Ilia, buod aolaly .,_ ~-aoat of ,UU...tioa.
(o) rna &'-to t'-ate. t11o of'-tiw dMo of ~lal.a
ordtns 21 cbo Ci~7 Clnl& 1a Mn~ -.tMcUod to ...U.b _... •
..... ....._ Cbo .. u ........ IIIIDioipal c.lo ... to haw ~
•-pcill&oll u npp~, • oultotituto ..... tllentH. llo
•1 .... pe Ma'Mcdpti .. to -.Ia ou:!• 1011 at a ._t to be do-
taniMd" Ilia, baNd aolaly .,_ aoat of ,UUoaci.a _.
baDilial ol clio .-, ... Ailll ..U auola •..UO of clio a..,lo-
.aDt aaUaltle co auela eu'Mod-... u ~he .-an ._.i_. ~
b1a ... ahell ~till for e11e .... rulan of .., .-..riber to pat_: a.uu.aa • or befon the •~• of .tllaa of ~be .. ,.t ·
au t IUfPI-nt aball oauu aucb aubea'iboa to be dropped
&a. t •UIDI liat.
SICJIQI! 10.
24th
ftU .n•·sno allall •n•1 aftlaetiw • clio .,._ .. , of
AUIU81 1 lt70, at 12:01 A.M.
S!CtlQ! 11.
(1) Aay panoo .... aball riolUa arq ....,.,Uioa of tbia
ordt...,.., • UJ JI&'Wia1oa of a. aodea ..._.., Mopcad, aball ba
flDocl DOt .ora tbaD UOO or ~iaoaod lD tba City Jail DOC .on
~--to ... ,. • aa.au auan -... fu. _. ~. &ae~a
ad ftftJ violatlea of the pnriaU. of tbU _. .. _. eball
coaatic.te a Mpanto of.._.
(b) 'l'llo paulUu Mt feftla iD the c• an u follow:
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dolla"a or illpdaccn nt tor a tan cot ......U.. clMty
daya or by both auob a. ... illpria 11 t, eM 11111C of
auCh fiDe or tan of eueb illpdaor-nt to rat vl.thia the
dlecrui• of the -i.oipa1 J\adp. 'l'ba ._....ieiGft of one
pnalty ahall 110t acua 8G7 violatioa JaR pellllt 1t to
cootlalae. Uftlua otlleniM fMS.Oat .. , a .. ,_.au offnN
ahall be ~cl c.-ieta4 upoa uab c1&7 ac poctlon tbHeof
durin& or oa W1ch A11J violation of aay pcwialon of chia
Coda or any MCOIIdal:y code adoptacl baftia oacun or coa•
tilaaea.
sec. 1·2·2. C:U.latlw a-diu.
(a) Wheoaftr aay act • coaclitlon canatitutel a
aulaaaca or prcwldu a oauao of aotlon foe iajUMtloo or
other civil r ... q, the aa1cl ~diM aball 'M couiclered
to be c-latlve, ADd 1a addltlon to tM pecaltlea henla•
abowe prcwlclecl, Uacl aa aot1cn foe &MC-..&, '-JuaoU.•,
or otbar civil r-dy My be bnuabt •aN aat auib violator.
~) 'the aua..-.18D or nwoatioa of •Y llcnM, per•
lilt • or other pr1vilep conferred by ta. CltLAall DOt be
ftiUclecl aa a peaa1ty for tta. purpGHI of tb Code.
(c) WbiD wrk • •t1v1ty foe *i.ob a penlt or lie .....
1a nqulncl by th1a Code or aay code acloptH herein 1a ca.-
__ .. without fuat u.~ aeiluln4 ..U paniC or 1u. ... ,
Claa a~UW fM aball ... cloutilecl, lau& eM JN9T t of auob
doublAa fee ahall aot nU... •I ,..:._ fna 6aUy ...,ly•
S.. with all the ~ of tla1a Cede • 887 aocle
diptec~Mnla ..-fr• AllJ oebeE pneoriMcl pecaltlea.
Pa)MIIt of ~ dclluble fM 01' All'/ • ..,.w paRUa !Mnof •Y
be ...,allocl., civil •tioa 1a All'/ caun of •-..cac juE•
iadicU•. 'l1le ..__of •Y ponS. leal CMa the on-
tin •l'llllt of aucb Clouble fee by oay officer or oaplot ..
of tbo City ahall not coutltuto a wlftE or nlouo of the
balallH tbonof •
.... )•l•ll(a). can. lenS...; D1M1pl1DarJ Action.
Aay 011ployea bwS. ,.....c atatua •J 'M cli-.aHcl,
duxacl or au•.-••• by tile appolatial -..cMCi&J upoa fililll
vitb tbe Board _. IU'Vial ,.. .. ur -• ., COI'CUlocl •11
..... IHd to hll Wt laaoiD neon Oddnal UpOD tbo ..,1.,..
a witten atat• nat of till ..... f• ....aa •tloa, ~b ..... .... u nlato to the per'-a •• of .. tlea. p01'10Ca1 conduct.
or aa, faoton .-.~s-•d te tile Cie7 •
.... t•l-2(cl). c:.ca-•cor'a t.S.•••••·
ltanbi wft-MJ ~jMC ... fon eM IW9II.ncl U•
a .... bu boia IMUnd will roault ia • JC .......... of
,. .
thou. ..... fee .. • .-.ley. Tb1l .-.ley lball be ou.alaUvo
with all other pou1tlol ad r_.lu fR tM nforc_.t
and collactlon of auab llceuo fool.
Soc. 12·2·32. ltnott 8Dd S~lkl.
la aclclltloa to • ill lieu of tile .Cha n• tloa or
~ltlea provlclod, lf • coatroet• faUa to e011ply with
tho nqulr-ata or Cilia Cbaptor nlatilla to conento work,
::'J!'-::1 ~:'.:',. ':1t~JUu'-tft:' tt'~,:~l
uaunaoo u naol,.. &Mt ta.n will '-...,1'-o llenwiCia.
he. 13•3•6. UUUCJ IIUlMII ta.
If •Y utlUC, ... lMM n oacu-a-aa.tMC to tM
provlalone of tbll Chaptor aball fall to pay t&o tu iapoHcl I 0
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=t~ji ll ~ ii!iill ii(tJ~ •ir ~ ~:IJt:~= ~ tJ•r rt:s;t~r :strta:rt( i!tJtrr~
i;ii!t. !i! · ~~,!~~&1 · t(!;~ ' ~~~~"~lt(; ' (ttrl!~lffi ~ ;e~~~~~'lt r 1..... ...... "e: lill r "= 5: 1;1 .r l -= r; . ·n~~~ ... r:~ r; il~c:.. t ~~:-a" fij l('"ri I ~.!(': t ~=~~ i :1 t f i 11 (rf~1 t if-fr.f"fof ~r !I~ r:l lJr·~~~: }fl·r= ~ ~ •• t il: ~ -~=~~~ttJ: ~ 1':1'[1"1~~ li~ ~"" 'is r lri ::: s ra.=-fi-"' l:'ltrol 11~ (n• II !ti~ii -~ iliiie) r: il~ i l~:lit=.fi i I l.!i.•~=-~ i . ~ .. , ... r r•F"rl 1 ~~ l(il ~... ~~~~~ ~ (I~E"f&! I :h 111! :lillrf .. . i•"al =i"f~lft 1rtf · ~1 rr ... 11·f~i l rtp l.! E I 1JS1.t5!r. "li·i i r~ .. '~" • l :. i tlrtlilr 1 r .1 ~8 r ~~ ~~~· !i ~~!J 1 il Jift~ i~(t~l!~ p ll~is~~ii~ p i~:tf5 !i!
iil(Jri 11 rJ==JiJt ·tJ'il rs:rli~~~~ ,fJ,.~: .. ,~: ·Jia~l.,f• •a •i rl _,.Jif i ~~-~ .r• a ·~ a ~'C 1.. ...a~ · 3 11 r • .. ~~ ff I 1 ~"' ,.oc 1. ~1~;-tl 1..... ~·· -· n~ -·-·-·· n i " "1-i ~ ~ a -~ ~ ... l•r~l wrw fi" lilfii1 .l ·~~,~is: ~= ' ! l"P's:-;:. r ~~ ic ~-~ ~~~' ~ ~~ r ~"' -=-c •: •• r. "'f • r I 3 r ... I Q • ~I rl~Q I i I 1 fT'I cr i I ~ -~· I ;1 .. " ~
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Ho offeuo a-s.tced ..a ao liability, ,..alty ac tortelCU'i"o,
cinlly or criaiDally 1MunH clac to tM t ....... .., ...:b
ordf.DeDM « ~rt tbenof aball repealed • 1a UJ •r..:~•red
by tlw prcwlalou of tbla orilaaace 01' the 1969 loftu.l lpal
Code of tbe Clty of ... lewod, alaall be •iMIIaqed _. affeoted
bJ aucb repeal or a1c.a&ioa; but, proaecutlona aDd auita for
auch offenaea, liabiliti.ea, pooaltioa or fOI'faiturea aball be
1ut1tutod aDd proceeded w1tb 1a all napjcaca aa if aueb priR
ordS.MDCo 01' part tbereof bad DOt ben re,eaW or altencl.
(b) Any aoaoral or apeclal ordiUDCo, nao1utloa or .. uaa
bentofore pa .. od, adopted aDd .ado valldatlna, ratifylna or
loaaU.aiDa tba acta or oaiadoaa of any officer or validatlq •Y
or~u ....... , •t • pr:llaaedi"l ~~ •t all ftlU.tt• ac lo•
p11aial .. c. of ODd bJ tbe CltJ c-u -.caoe,.r: _. Dev ta
fono an ber:obJ aoots.-d 1a for:oe.
(c) Any orcUvcn nlattaa to tbe pullllia debt or tbe publlc
ancllt or aay •r•atioa of tar:ito~.
(d) Any or:diaanao rolatial to a contract to 11b1ch the City
of lqlawood, Colorado 1a a party or to any contract .ada for
ltl --flt.
(o) ACJ or:dinOMO 1 ftMluta... H .OClea ....... appnpri.a•
tt• of publla tu•.
(f) Any or:diunao lewylllla a,..lal beMfit ..... ~or
onatilla a U.oa ad debt ...... , aa, ,upa&J aia.ato within
tile City of ••lewocl• Coler:oda ad Ulpc....S b7 tM opeaba, •••iai_, ac ... ioc or ...S.. of .., ecr:oet ol' pullllia c-.ol'oup•
fan wltnia tbe aaid ClCJ of a .. J.neod .-/• &M U.talletlon
of piCOI'I • cnar'bl, aui'INialkl • ddewalU aU. Hid etr:ootl ol'
tbftOU&bfafta.
(I) Ai!ordinanco or nao1ution &l'aatiDI any fraacbiae,
11c .... , r t or revocable peni.t to any ponoo, fin or cor•
poratt.a b franchi.M, 1leaaM, r:tal* • l'ftOUIIllo pol'lllt ... larh, 1a for:oa .. diNt ... tbe .. ta of tbe offacct.w
dala o tbe 1969 levi.Md ....Ui,-1 CeM of Clle CltJ of ... le• ...a; it Mtaa tile oapcoaa ialaa ... .,...... of Cbo City CouaaU
of eM City of ... lewoll CUI ft'OI'J auall h'MCII&M u ...... ,
l'ialle 01' nwaallllo ponte ellall ..,s.n aa •&a!M1l7 ~ -,
Clle .-.s.nacao or roaolutlon ar:oatlaa tbe .-waleae aooaor: tor:•
alaatod by tho Council, aattaa uadar: and punuaat to tbe Qartor:
of tbe Clty of ... ,......
(b) A., oriiM111 • .... liltS. .......... • ~
tbe ,.,_. of ~ '-Y tM City • edMcia-tbe s.a--.e
led Hlo of Gener:al ObliaaU• • .. , ........ -, tile City.
(1) Any adain11tr:at1vo oriiunco or: roeolutloa of tbe
City Council not ia c•flt.et ft laoOMlatoat wltll tile pccwlllolll
of tbe lH9 bY1Mcl IMlielpal Code of tM CltJ of lllllewM.
(J) AnJ or:dt ...... pl'.,..illl fft a .. •Itt,. tile auual tea
lny ln ad for tbe City of ... l.ewod, Col .....
(k) Any or:dlaaaae or: ruolutlon oata~lllllial fool for
buildlna penitl and laa,..ts.o.. 0
(l) Any ord1aaaco or roaolution oatablllblDI tho ..aunt
of Mad to bo poatod by City off1clall.
(•) Any or:dtnanoo or: ••olntl• rolatial to ella HladM
of City offiaor:a 01' ..,loJOOI.
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'l'bat pura...at to, 8Dd 1D oa.pUenc:e vi~b, ~ptu 139,
Afti.ele 34 lectloa J of Oolando a.ried Ianna 1Ml u
-•1111!;\MI• • City Cleft of tbe City of la&lMmocl 1e benby autbol'•
iMd dincted to pubU.ab ..-1oe of a public beulaa on tbe
aclopti.Ga A1llll ...a-..& et eM U69 ...,lMd ~ipal Code of ~
~:y.:.l==i::. :.c--=:c\ :cs lsr.;!~t 0~06o~:.::"=-
Stetu ... lMl, ..U ia .._ilia coM beld :I.D the C..CU
Cllo..e '1r1 1 City Ball, of l,lewod, Ara,.._ Coullty, Colorado, at
8:00 o'clOCk p.a. on JUly , 1910.
IICIIO! 16.
(a) At frequent :I.Dtenala after tbe apprcwal of tbie ordia-
aace, all or4UaDcaa of a .-.-al aad ~==•at natun ,.. ...
-:«..:r:rd durin& the pnoedl ... periOd ...u be n.1Md. ft•
r aDd prapana for pubU..Cloo ln t'-fom of lOOHleaf aup-
P~~, nprlntiq tile,.. or pqe1 of tile Code aft.cted, n•
lloriJI& ua -•dad or obaol,jta proddona ad inafttba tbe..,
pnriaiou.
(b) Arq ad all ..Utlau or •••« ate to tile CcMia._ .._n
pUMd 1a IIUCh fom u to ladUata tbe lateatioD of tba Cuy
Council to ..U tba ._ a ~ tbenof, 1ball ba d•••d to ba
lao..,..W Ia 1M Code eo tlaat nfenoca to tba "1969 18vlaad
tt.aaiclpal Coda of the City of lltalawod" 1ball ba UDder1tood ad
intended to lacluda aucb iadditiOM ad • t.ata.
(c) Ia oaM of eM ot ~ IIICi.oa oft ... Celie M
1llaiela a .... 1&7 1e-~ I:M ••••ul ,..Ut)' .. ,.., .....
1a Section 1·2•1 of 1uch eoe. 1'-11 apply to tba Mctlon aa
~d i or in cub auab ••••••at coatalu proviaioDI for wblcb
a penalty, ~ber tbaa tba afBJ DtlODed .-cal penalty, 1e pn-
Yidecl :I.D ~bar HOti.Ga 1a tbe ._ obaptft', tbe ,_.lty 10 pn-
vi.dad ill aueb o&bal' ... ct..-allall M bald to nlate to tile NO•
tioa ao Jadad, ualua ... b ,_.ley i.e l,..l.ft..ally npaaled
tbanln.
SECTloti 17.
A c:opy of aucb Code aball ba upt oa file :I.D tM office of
the City Clel'k, pnaen.d in looMluf fODa, or :I.D auab o&bal'
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Read by tlcle ad puHCI • fi.Ml n.,t,. • ca. 41117
of -----• 1970. -
Pultuabed by Citle u OCdiDMM!e lo. ____ , Sed ... of 1970,
on tbl day of , 1970.
tlij tiifr-WiiiUI'ii
1 Stephen A. Ly•, do benby certify tbac clle aboft aad
fonaolai la a t~~a;OUZ'aCe aad ca.plece • .., of • OCdlaaaoe
puHd • flaal c ... publlabed by ClCle aa OCdiaance lo.
-----• Sed .. o 1970.
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INTRODUCED AS A BILL BY COUIICILIWt:ny~
A BILL FOR ,fill ?I') '70
CO U N ~I!. 1 · ·-· , : • :; riLE
AN ORDINANCE REPEALING SECTIONS ~TY~F ~~·~.~ MUNICIPAL
CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE
OF FERMENTED MALT BEVERAGES NEAR SCHOOLS.
WHEREAS, by decision of the District Court of Arapahoe
County, State of Colorado in re: Leslie E. Howe dba Sport Bowl
vs. City of Englewood, Case No. 28145, the District Court re-
viewed the within pertinent sections of the Englewood Municipal
Code; and
WHEREAS, on the 17th day of June, 1970, the Court made Find-
ings of Fact, Conclusions of Law, and entered Judgment thereon; and
WHEREAS, in said Judgment the Court stated that provisions
dealing with the prohibition of the issuance of a license for the
sale of 3.2 beer at retail in any location within five hundred
(500) feet of a public or parochial school is not a proper, regu-
latory measure, wherein the State Statute pertaining thereto being
Chapter 75, Article I, CRS '63 as amended, does not contain such a
prohibition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 17.1-1 entitled, Sales Near Schools,
of the Municipal Code of the City of Englewood, Colorado be and
the same hereby is repealed.
Section 2. That Section 19.5-9 entitled, Unlawful to Sell
Liquor Near Schools, of the Municipal Code of the City of Engle-
wood, Colorado be and the same hereby is repealed.
Introduced, read in full and passed on first reading on the
______ d.ay of , 1970.
Published as a Bill for an Ordinance on the _____ day of
------· 1970.
Mayor
ATTEST:
ex officio City Clerk
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 introduced, read in full and passed on first reading
on the day of , 1970
ex officio City Clerk
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A BILL FOR
AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL
CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE
OF FERMENTED MALT BEVERAGES NEAR SCHOOLS.
WHEREAS, by decision of the District Court of Arapahoe
County, State of Colorado in re: Leslie E. Howe dba Sport Bowl
vs. City of Englewood, Case No. 28145, the District Court re-
viewed the within pertinent sections of the Englewood Municipal
Code; and
WHEREAS, on the 17th day of June, 1970, the Court made Find-
ings of Fact, Conclusions of Law, and entered Judgment thereon; and
WHEREAS, in said Judgment the Court stated that provisions
dealing with the prohibition of the issuance of a license for the
sale of 3.2 beer at retail in any location within five hundred
(500) feet of a public or parochial school is not a proper, regu-
latory measure, wherein the State Statute pertaining thereto being
Chapter 75, Article I, CRS '63 as amended, does not contain such a
prohibition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOD, COLORADO:
Section 1. That Section 17.1-1 entitled, Sales Near Schools,
of the Municipal Code of the City of Englewood, Colorado be and
the same hereby is repealed.
Section 2. That Section 19.5-9 entitled, Unlawful to Sell
Liquor Near Schools, of the Municipal Code of the City of Engle-
wood, Colorado be and the same hereby is repealed.
Introduced, read in full and passed on first reading on the
___________ day of , 1970.
Published as a Bill for an Ordinance on the
-------------· 1970.
ATTEST:
ex officio City Clerk
_____ ....;day of
Mayor
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 introduced, read in full and passed on first reading
on the day of , 1970
ex officio City Clerk
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oFFl c rA cPu~
·coUNCil .. 0 ~ p<"-""•IN.
INTRODUCED AS A BILL BY COUNCILMAN.--~,~~.A..t:;,..,,.'J""" . ...:~~£"'=~;.._ __ ,-'.,,_2'-"'..._, ..:.'7,.:;:;0 __
~G f'I Li::
COUNCI'L ,t '"' . : ~. GeU1.
A BILL FOR c;d'4 O li' e:~Ji..W ,
AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL
CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE
OF FERMENTED MALT BEVERAGES NEAR SCHOOLS.
WHEREAS, by decision of the District Court of Arapahoe
County, State of Colorado in re: Leslie E. Howe dba Sport Bowl
vs. City of Englewood, Case No. 28145, the District Court re-
viewed the within pertinent sections of the Englewood Municipal
Code; and
WHEREAS, on the 17th day of June, 1970, the Court made Find-
ings of Fact, Conclusions of Law, and entered Judgment thereon; and
WHEREAS, in said Judgment the Court stated that provisions
dealing with the prohibition of the issuance of a license for the
sale of 3.2 beer at retail in any location within five hundred
(500) feet of a public or parochial school is not a proper, regu-
latory measure, wherein the State Statute pertaining thereto being
Chapter 75, Article I, CRS '63 as amended, does not contain such a
prohibition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 17.1-1 entitled, Sales Near Schools,
of the Municipal Code of the City of Englewood, Colorado be and
the same hereby is repealed.
Section 2. That Section 19.5-9 entitled, Unlawful to Sell
Liquor Near Schools, of the Municipal Code of the City of Engle-
wood, Colorado be and the same hereby is repealed.
Introduced, read in full and passed on first reading on the
--------~day of , 1970.
Published as a Bill for an Ordinance on the
-------------------------· 1970.
ATTEST:
e x officio City Clerk
_____ .day of
Mayor
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 introduced, read in full and passed on first reading
on the day of , 1970
ex officio City Clerk I· •
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/../ • Or,~l C I P.. C ,.,.,.. INTRODUCED AS A BILL BY COUNCILMAN __ ~~~-~~,~«~<~~~~ .. ~~~~.o~~p~c~u~M~~~~"--~i-, _1 unr. o
A BILL FOR ,1111 ?0 '70
U C I L MCE.TI•-IG Fll..~
AN ORDINANCE REPEALING SECTIONS 17.1-1 AND ~~£SL.l1f10~e~AL
CODE OF THE CITY OF ENGLEWOOD, COLORADO PE~AiNING TO THE SALE
OF FERMENTED MALT BEVERAGES NEAR SCHOOLS.
WHEREAS, by decision of the District Court of Arapahoe
County, State of Colorado in re: Leslie E. Howe dba Sport Bowl
vs. City of Englewood, Case No. 28145, the District Court re-
viewed the within pertinent sections of the Englewood Municipal
Code; and
WHEREAS, on the 17th day of June, 1970, the Court made Find-
ings of Fact, Conclusions of Law, and entered Judgment thereon; and
WHEREAS, in said Judgment the Court stated that provisions
dealing with the prohibition of the issuance of a license for the
sale of 3.2 beer at retail in any location within five hundred
(500) feet of a public or parochial school is not a proper, regu-
latory measure, wherein the State Statute pertaining thereto being
Chapter 75, Article I, CRS '63 as amended, does not contain such a
prohibition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That Section 17.1-1 entitled, Sales Near Schools,
of the Municipal Code of the City of Englewood, Colorado be and
the same hereby is repealed.
Section 2. That Section 19.5-9 entitled, Unlawful to Sell
Liquor Near Schools, of the Municipal Code of the City of Engle-
wood, Colorado be and the same hereby is repealed.
Introduced, read in full and passed on first reading on the
______ d.ay of , 1970 .
Published as a Bill for an Ordinance on the
----------' 1970.
ATTEST:
ex officio City Clerk
______ day of
Mayor
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 introduced, read in full and passed on first reading
on the day of , 1970
ex officio City Clerk I . •
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INTRODUCED AS A BILL BY COUNCILMAN __________________________ ___
A BILL FOR
AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FROM THE REQUIRE-
MENT FOR SEALED COMPETITIVE BIDS FOR PURCHASES OF SUPPLIES,
MATERIALS, OR EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS
($1,000.00).
WHEREAS, Section 113, Part IV, Article ~X of the Charter
of the City of Englewood requires that the purchasing officer
of the City give ample opportunity for sealed, competitive
bidding in the purchase of any supplies, materials, or equip-
ment in excess of One Thousand Dollars ($1,000.00), but
authorizes City Council, by ordinance, to make general ex-
ceptions to this requirement; and
WHEREAS, City Council has determined that in certain in-
stances hereinafter enumerated, the requirement for competitive
bidding is unnecessary and that it would be in the best interest
of the City to waive the requirement for such bidding in those
instances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. That a new section, Section 5.3 of Chapter 5
of the Municipal Code of the City of Englewood entitled, Pur-
chases, be and the same is hereby enacted as follows: ------
Section 5.3 -Purchases -Exceptions From Sealed
Competitive Bidding
The City Council hereby grants to the City Manager
of the City of Englewood and any of his designees as a
purchasing officer of the City of Englewood, the authority
to purchase supplies, materials, and equipment in excess
.of One Thousand Dollars ($1,000.00), upon the open market
or through negotiations and without receiving sealed,
competitive bids therefor, in the following situations and
subject to the following conditions, providing that none
of auch purc~ahall •;";;de:""~'"'• OoUHj s;;,. ...4... ·, -(SVL 99fr e~_, -.-:QJS, &f>~aea . ../.,_:~ ~~ ~q,ooa .• •") ........ ~~~ ~
~~a. n the purchase of water meters, fire
hydrants, gate valves and fire hose, providing
notice is given to all firms within the City of
Englewood offering the identical items for sale
and each is given the opportunity to give informal
price quotations for the purchase;
b. In the purchase of sand-gravel aggregate
and asphaltic materials to be used for street fill,
repair and maintenance, provided that all such pur-
chases shall be based upon a unit quantity basis;
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c. In the purchase of special devices, and
machine repair parts for both moving and stationary
mechanical devices, providing the same are avail-
able only from one source, and no other generally
similar device is available from another source;
d. In the purchase of replacement parts and
equipment, when furnished as a part of a repair
service to equipment owned or leased by the City.
e. In the purchase of technical signal equip-
ment, as follows: controllers and cabinets, fire
line preemptors, responders, loop detectors, am-
plifiers, and pedestrian timers;
f. In the purchase of signal heads with
accessories and mast arms.
g. In the purchase of police revolvers;
h. In the rental of equipment and machinery
provided that the period of rental is for an in-
determinate time and the rental fee is negotiated
upon a unit of time basis.
Section 5.3-1 Nothing herein shall be construed to
prohibit the purchasing officer from calling for sealed,
competitive bidding upon any purchase of supplies, materials
and equipment in any case where the City Manager determines
it advisable to do so, the sole intent of this section being
to dispense with the necessity therefor, at the option of
said City Manager or the purchasing officer, in the purchase
of those items described in Section 5.3 hereof. In all cases
where purchases are made without calling for sealed competi-
tive bidding, the purchasing officer shall utilize such means
of purchasing the items involved as he believes will assure
that the prices paid by the City do not exceed the reasonable
market values of the supplies, materials, or equipment so
purchased.
Section 2. That Ordinance No. 31, Series of 1967 is specific-
ally repealed hereby and all ordinances in conflict herewith are
expressly repealed.
Introduced, read tn full and passed on first reading on the
----------~day of , 1970.
Published as a Bill for an Ordinance on the
-----------------· 1970.
______ d.ay of
Mayor
ATTEST:
ex officio City Clerk
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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 introduced, read in full and passed on first reading
on the day of , 1970.
ex officio City Clerk
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719-192!
Off leo
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HAYDN A. SWEARINGEN
ATTORNEY AT LAW
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ENGLEWOOD, COLORADO
80110
Suite 211-213
3385 So. Bannock St.
July 15, 1970.
The Honorable Elmer E. Schwab
Members of the City Council
City Hall
3400 So. Elati Street
Englewood, Colorado 80110
Gentlemen:
781 -UA9
Rcsidct ncc
The North American Judges Association, of which I am a
member, will have a seminar on judicial education at the
University of Alabama, August 16-28, 1970, inclusive. This
program will be strictly one of education and I believe it
would be most beneficial, not only for me as municipal judge,
but also for the Court, for me to attend this seminar.
The cost of attending said seminar
Round trip by air
Single room and
Meals for 12 days
Registration fee
would be as follows:
$178.00
132.00
75.00
$385.00 7
As I should like to confirm my reservation at said seminar
as soon as poasible 1 I respectfully request the council to ap-
prove the sum of $3~5.00 for above stated cost.
Very truly yours,
HAS:ss
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INTRODUCED AS A BILL BY COUNCILMAN. __________________________ ___
A BILL FOR
AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FROM THE REQUIRE-
MENT FOR SEALED COMPETITIVE BIDS FOR PURCHASES OF SUPPLIES,
MATERIALS, OR EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS
($1,000.00).
WHEREAS, Section 113, Part IV, Article ~X of the Charter
of the City of Englewood requires that the purchasing officer
of the City give ample opportunity for sealed, competitive
bidding 1n the purchase of any supplies, materials, or equip-
ment in excess of One Thousand Dollars ($1,000.00), but
authorizes City Council, by ordinance, to make general ex-
ceptions to this requirement; and
WHEREAS, City Council has determined that in certain in-
stances hereinafter enumerated, the requirement for competitive
bidding is unnecessary and that it would be in the best interest
of the City to waive the requirement for such bidding in those
instances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. That a new section, Section 5.3 of Chapter 5
of the Municipal Code of the City of Englewood entitled, Pur-
chases, be and the same is hereby enacted as follows: -----
Section 5.3 -Purchases -Exceptions From Sealed
Competitive Bidding
The City Council hereby grants to the City Manager
of the City of Englewood and any of his designees as a
purchasing officer of the City of Englewood, the authority
to purchase supplies, materials, and equipment in excess
of One Thousand Dollars ($1,000.00), upon the open market
or through negotiations and without receiving sealed,
competitive bids therefor, in the following situations and
subject to the following conditions, providing that none
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of such purch~:~;:: )'~~~~ = -j (-$19 999 ~~"' ~~~---~~ -~e,. •"' . ~ '741
, .f'..O. l-6/0,tH><J ,c>cJ.) ·~.,.1 ' ~ ~ =----' ,..:;/.:; t:~ ~ . . 7 -~
~~ /' a.· In the purchase of water meters, fire
hydrants, gate valves and fire hose, providing
notice is given to all firms within the City of
Englewood offering the identical items for sale
and each is given the opportunity to give informal
price quotations for the purchase;
b. In the purchase of sand-gravel aggregate
and asphaltic materials to be used for street fill,
repair and maintenance, provided that all such pur-
chases shall be based upon a unit quantity basis;
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c. In the purchase of special devices, and
machine repair parts for both moving and .stationary
mechanical devices, providing the same are avail-
able only from one source, and no other generally
similar device is available from another source;
d. In the purchase of replacement parts and
equipment, when furnished as a part of a repair
service to equipment owned or leased by the City.
e. In the purchase of technical signal equip-
ment, as follows: controllers and cabinets, fire
line preemptors, responders, loop detectors, am-
plifiers, and pedestrian timers;
f. In the purchase of signal heads with
accessories and mast arms.
g. In the purchase of police revolvers;
h. In the rental of equipment and machinery
provided that the period of rental is for an in-
determinate time and the rental fee is negotiated
upon a unit of time basis.
Section 5.3-1 Nothing herein shall be construed to
prohibit the purchasing officer from calling for sealed,
competitive bidding upon any purchase of supplies, materials
and equipment in any case where the City Manager determines
it advisable to do so, the sole intent of this section being
to dispense with.the necessity therefor, at the option of
said City Manager or the purchasing officer, in the purchase
of those items described in Section 5.3 hereof. In all cases
where purchases are made without calling for sealed competi-
tive bidding, the purchasing officer shall utilize such means
of purchasing the items involved as he believes will assure
that the prices paid by the City do not exceed the reasonable
market values of the supplies, materials, or equipment so
purchased.
Section 2. That Ordinance No. 31, Series of 1967 is specific-
ally repealed hereby apd all ordinances in conflict herewith are
expressly repealed.
Introduced, read in full and passed on first reading on the
___________ day of , 1970.
Published as a Bill for an Ordinance on the
-----------------· 1970.
----------·day of
Mayor
ATTEST:
ex officio City Clerk
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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 introduced, read in full and passed on first reading
on the day of , 1970.
ex officio City Clerk
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INTRODUCED AS A BILL BY COUNCILMAN
r: fil-E
A BILL FOR · · '' _. ot-0 co'-'' <-\,.. ~;Ewooo . c
ctTY. oF EfoO
AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT
DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70;
ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS;
AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE
CONSTRUCTION OF SUCH IMPROVEMENTS .
WHEREAS, the City Council of the City of Englewood , Colo-
rado , pursuant to the Charter and Ordinance No . 14 , Series of
1964, of said City and the Laws of the State of Colorado,
hereby finds and determines that there exists a necessity for
the creation of Sidewalk Improvement District No . 70, in said
City, and the construction therein of sidewalk improvements,
as described herein; and
WHEREAS, the City Council has heretofore directed the
Director of Public Works to prepare plans , specifications,
maps and schedules in accordance with said laws; and
WHEREAS, the Director of Public Works has prepared all the
maps and certificates of his survey, as well as schedules,
plans, spec~fi~ations, approximations of cost, and all other
matters and things in complete form and substance as required
by law; and
WHEREAS, the said maps and certificates of his survey,
as well as schedules, plans , specifications , approximations
of cost, and all other matters are hereby approved and adopted
by the City Council; and
WHEREAS, Notice of a public hearing concerning the crea-
tion of the District and the construction of the improvements
therein and upon this ordinance has been published once a week
for three weeks in the Englewood Herald , a newspaper of general
circulation in the City, and , in addition , a copy of the Notice
has been mailed, postage prepaid, to each known owner of real
property within the proposed District; and
WHEREAS, at the time and place specified in said Notice,
the City Council met in open session for the purpose of hear-
ing any objections or protests that might be made against said
improvements; and
WHEREAS, all objections and complaints having been duly
heard and considered , the Council has determined that such
objections should be denied except as this ordinance has
accepted them and incorporated herein changes in said District
based upon said objections .
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows :
Section 1. Sidewalk Improvement District No . 70 is hereby
created and the improvements hereinafter described, consisting
of certain sidewalk improvements, are duly ordered after Notice
duly given and Hearing duly held, all as required by law.
Section 2. The extent of the District to be assessed for
the cost of the improvements shall be all the real property
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specially benefited and as more p art icularly set forth in the
Notice of Hearing as prov ided by a Resolution of the City
Council passed and adopted o n the 15 t h day of June , 1970 . The
kind of improvements and the s i dewalks on which such improve-
ments shall be as follows :
1 . Necessary installation , removal and replacement
of concrete sidewalks , curb and gutter, together
with the appurtenances and incidentals, in the
City's right-of-way contiguous to the following
properties .
LOCATION LOTS BLOCK SUBDIVISION
3100 South Acoma 1-24 1 Bee 's Addition
25-48 2 Bee's Addition
3100 South Bannock 1-24 2 Bee 's Addition
25-48 3 Bee's Addition
3200 South Bannock 1-12 3 s. G. Hamlins Broadway Addition
13-24 2 s. G . Hamlins Broadway Addition
14-26 Abbott's Subdivision
2nd Filing
3200 South Cherokee 1-12 2 s. G. Hamilns Broadway
Addition
1-13 Abbott's Subdivision
2nd Filing
13-24 1 s. G. Hamlins Broadway
Addi Uon
14-26 1 Park Addition
Seven unplatted pieces of property as follows :
Ei St St NEt SWt of Sec . 34-4-68 Desc. as fol: Beg . at pt .
50 ft . S. of intersection of N . line of E! Si Sf NEt SWt
Sec. 34 with E . lineS . Bannock St.; th. S . along E. line
S. Bannock St . 100ft ., m/1 ; th. E . 133ft .; tb . N. 100ft .
m/1; th. W. 133 ft mi l to pob .
Part of Ei Si S} NEl SWt Sec . 34-4-68 desc . as fol: Beg .
at pt. on E. lineS . Bannock St . which is 140ft . S. of
N. line El st sl NEt swt; th. E II to said N. line 133ft.;
th. S II to E. line of S. Bannock St . 101ft. mil to pt.
91 ft . N. of s . line of said El st st NEt swt; th. w. II
to said S. line a distance of 133 ft . mil to E. lineS.
Bannock St.; th. N . along E . line S. Bannock St. 101 ft .
m/1 to pob.
Part of Ei st St NEt SWt Sec. 34-4-68 desc. as fol: Beg.
at pt. which is 15 ft . E . of SEcor . wt st st NEt swt
said Sec . 34; th . proceeding E . 46 .58 ft . to pt .; th. N
91 f t .; th . W. 46.58 ft .; th . S . 91ft. to pob.
Part E! st S! NEt SWf Sec . 34-4-68 desc. as fol: Beg.
at pt. 95ft. S. of intersection of N . line of El st st
NEt SWt Sec . 34 with E. line of S . Bannock St.; th. S .
along E. line of S. Bannock St. 45ft .; th . E . 133ft.;
th. N. 45 ft.; th. w. 133 Ft . to pob .
Part in El St 8~ NEt SWf of Sec. 34-4-68 desc. as fol:
Beg . at pt . 50 ft . S. of intersection of theN . line of
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E~ S~ S~ NEt SWt o f sa1d S ec. 34 wi th E . line of S . Bannock
St .; th . S . alon g E . l 1 n e o f S . Ba nn ock St . 45 ft . m/1 ; th.
E . 133 ft . m/1 , th . N . 45 f t m/1 ; th . W. 133 ft . m/1 to pob .
Pa r t E~ S~ S! NEt SWt S ec . 34 -4-68 d esc . as fol : Be~. at
pt . 133 ft . E . of intersection of N . l i ne of Ei S! St NEt
SW! Sec . 34 with E . line of S . Bannock St.; th . S . 50 ft .
t o a pt ; th . due W. // to S . line NEt SWt Sec . 34 to E .
l i neS. Ba nnock St .; th. N . along E . lineS . Bannock St.
50 ft .; t h . E . 133ft . along N . line E~ SiS~ Nit SWt
Se c. 34 to pob
Pa r t SWt Sec . 34-4-68 desc . as fol . Beg . at pt . 380ft .
W. and 138 f t . S . of NE cor . of SEt of SWi of Sec . 34 ;
t h . N . 198 f t .; th . W. 132 .5 ft .; th . N 31ft .; th. W.
86 f t .; th . S . 91ft . toN . line SEt SWt Sec . 34 ; th . W.
a long N . line of SEt of SWt of said Sec . 34 , 46 .75 ft . to
E . line of strip of land conveyed by Miller's Super Markets,
Inc . to City of Englewood ; th. S . along E . line of said
strip conveyed by Miller's Super Markets , Inc . to City of
Englewood 138ft .; th. E. along N . line of W. Greenwood
Ave. 265 ft . to pob .
Section 3 . Said District shall be known as the saae is
hereby designated "Sidewalk Improvement District No . 70", in
Englewood, Colorado.
Section 4 . The construction of said sidewalk iaproveaents
in and for said District , as shown by the plans , specifications
and maps thereof , prepared by the Director of Public Works and
approved by the City Council of the City ~ Englewood and now
on file in the oftice of the Director of Public Works , be and
the same is hereby au t hor i zed and ordered , the material to be
used with such miJ)s , plans and specifications .
Sect i on 5 . Th e e s timated total cost of s a i d improvements
is $15 ,888 . 50 ; ii. is proposed that the City of Englewood will
pay approximately $4 ,456 .66 toward the total cost of said im-
provements . The balance of the total probable cost (being
approximately $11 ,431 .84) is to be paid by special assessments
to be levied upon each parcel of the real property hereinabove
described . The approximate share of the total cost to be assessed
per front foot upon any lot or tract of land fronting or abutting
on said improvements is set forth in the Notice of Hearing,
as provided by a Resolution adopted and passed by the City
Council on the 15th day of June ,and is :
Vertical curb and gutter 3 .54 per lin. ft.
Sidewalk (4" thick) .87 per sq. ft.
Driveway (6" thick) 1.11 per sq . ft.
Removal of old sidewalks . 26 per sq . ft .
Re moval of old vertical
c urb and gu tt er . 87 per lin . ft .
Saw co n crete 2 .76 per lin . ft .
Section 6 . All ass essme nts lev i ed against the aforesaid
pa rce l s of real property wi l l b e due and payable , without
d e mand , within thirty days from and after the final publications
of an o r dinance assessing the cos t s o f said improvements against
the r eal proper t y in the dist r ic t . In c ase of any owner of
r eal property shall fail to pay whole o f such assessment against
his prope rty within said th irt y days , then , the pro rata cost
of said improvements so asses s ed against hls property , together
wit h interes t at the rate of 7% per annum on any unpaid balance,
s hall be payable in five equal annual installments . The first
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of such installments of principal and interest sha ~l be due and
payable at such t ime as may be determined in and by the asses-
sing ordinance , and the remainder of sa1d installments shall
be due and payable successively on the same day of each year
thereafter , until all are paid in full .
Section 7 . The Mayor and Director of Finance are hereby
authorized to advertise for bids to construct such improve-
ments in three (3) consecutive weekly issues of the Englewood
Herald , a newspaper of general circulation published in the
City of Englewood , which advertisements may run concurrently
with the publication of this Ordinance .
Section 8. The City Council hereby finds and determines
that the improvements proposed to be constructed and installed
will confer a special benefit upon the property within the
District and a general benefit upon the City as a whole .
Section 9. All ordinances, or parts thereof in conflict
herewith are hereby repealed. This Ordinance, after its final
passage, shall be recorded in a book kept for that purpose,
shall be authenticated by the signatures of the Mayor and
Director of Finance, shall be published in said City.
Introduced, read in full and passed on first reading on
the day of July , 1970 .
Published as a Bill for an Ordinance on the day
of July, 1970. ---------
layor
Attest:
IX officio city clerk-Treasurer
I, Stephen A . Lyon, do hereby certify that the above and
foregoin~ is a true , accurate and coaplete copy of a Bill fOr
an Ordinance introduced , real in full and passed on first read-
ing on the day of July 1970 .
IX officio city clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN _______ ·~~-C{--~~(~L>~-----------
A BILL FOR
AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT
DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70 ;
ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS;
AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE
CONSTRUCTION OF SUCH IMPROVEMENTS .
WHEREAS, the City Council of the City of Englewood, Colo-
rado , pursuant to the Charter and Ordinance No . 14 , Series of
1964 , of said City and the Laws of the State of Colorado,
hereby finds and det e rmines that there exists a necessity for
the creation of Sidewalk Improvement District No . 70, in said
City , and the construction therein of sidewalk improvements,
as described herein ; and
WHEREAS, the City Council has heretofore directed the
Director of Public Works to prepare pl n ns , specifications,
maps and schedules in accordance with said laws ; and
WHEREAS, the Director of Public Works has prepared all the
maps and certificates of his survey , as well as schedules,
plans , spec~fi~ations , approximations of cost , and all other
matters and things in complete form and substance as required
by law ; and
WHEREAS, the said maps and certificates of his survey,
as well as schedules , plans , specifications , approximations
of cost , and all other matters are hereby approved and adopted
by the City Council ; and
WHEREAS, Notice of a public hearing concern~ng the crea-
tion of the District and the construction of the improvements
therein and upon this ordinance has been published once a week
for three weeks in the Englewood Herald, a newspaper of general
circulation in the City, and, in addition , a copy of the Notice
has been mailed , postage prepaid , to each known owner of real
property within the proposed District; and
WHEREAS, at the time and place specified in said Notice,
the City Council met in open session for the purpose of hear-
ing any objections or protests that might be made against said
improvements ; and
WHEREAS, all objections and complaints having been duly
heard and considered , the Council has determined that such
objections should be denied except as this ordinance has
accepted them and incorporated herein changes in said District
based upon said obj ec tions .
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO, as follows:
Section 1 . Sidewalk Improvement District No . 70 is hereby
created and the improvements hereinafter described , consisting
of certain sidewalk improvements , are duly ordered after Notice
duly given and He aring duly held , all as required by law.
Section 2. The extent of the District to be assessed for
t h e cost of the improvements shall be all the real property
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specially benefited and as more particularly set forth in the
Notice of Hearing as prov1ded by a Resolution of the City
Counc1l pass e d and adopted on the 15th day of June, 1970 . The
kind of improvements and the sidewalks on which such improve-
ments shall be as follows :
1 . Necessary installation , removal and replacement
of concrete sidewalks , curb and gutter, together
with the appurtenances and incidentals, in the
City's right-of-way contiguous to the following
properties .
LOCATION LOTS BLOCK SUBDIVISION
3100 South Acoma 1-24 1 Hee 's Addition
25-48 2 Hee's Addition
3100 South Bannock 1-24 2 Hee 's Addition
25-48 3 Hee 's Addition
3200 South Bannock 1-12 3 s . G. Hamlins Broadway
13-24 2 s. G. Hamlins Broadway
14-26 Abbott's Subdivision
2nd Filing
3200 South Cherokee 1-12 2 s . G. Hamilns Broadway
Addition
1-13 Abbott's Subdivision
2nd Filing
13-24 1 s . G . Hamlins Broadway
Addition
14-26 1 Park Addition
Seven unplatted pieces of property as follows ·
Addition
Addition
E~ S~ S~ NEt SWt of Sec . 34-4-68 Desc. as fol : Beg. at pt.
50 ft. S. of intersection of N . line of E~ S~ S~ NEt swt
Sec . 34 with E. lineS. Bannock St.; th. S . along E. line
S. Bannock St. 100ft., mi l ; th. E. 133ft .; tb . N. 100ft .
mi l; th. W. 133 ft . mi l to pob .
Part of E~ S~ S} NEt swt Sec . 34-4-68 desc . as fol : Beg.
at pt. on E. lineS . Bannock St. which is 140ft . S. of
N. line E~ s~ s~ NEi swi; th. E II to said N. line 133ft.;
th. S II to E. line of S . Bannock St . 101 ft. mi l to pt .
91 ft. N. of s . line of said E~ s~ s~ NEi swt; th. w. II
to said S. line a distance of 133 ft. mi l to E. line S.
Bannock St.; th. N. along E. line S. Bannock St. 101 ft.
mi l to pob.
Part of E~ S~ S~ NEt SWi Sec. 34-4-68 desc. as fol: Beg.
at pt . which is 15 ft . E . of SEcor . w~ s~ s~ NEt swt
said Sec . 34 ; th . proceeding E . 46 .58 ft to pt .; th . N
91 ft .; th . W. 46 .58 ft .; th . S . 91 ft. to pob.
Part E~ S~ S~ NEt SWt Sec . 34-4-68 desc . as fol : Beg.
at pt. 95ft . S . of intersection of N . line of Ei Si Si
NEt SWt Sec . 34 with E . line of S . Bannock St.; th. S.
along E . line of S. Bannock St. 45ft .; th E 133ft .;
th . N. 45 ft.; th. W. 133 Ft . to pob .
Part in E~ Si S~ NEi SWt of Sec . 34-4-68 desc. as fol:
Beg . at pt . 50 ft . S . of intersection of theN. line of
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E~ S~ S~ NEt SWt of sa1d S ec . 34 with E . line of S . Bannock
St , th S . along E . l1ne of S . Banoock St . 45 ft . m/1 ; th .
E . 133 ft m1 l, th N . 45 fl . m/1 ; th W. 133ft . m/1 to pob.
Pa rt E! S~ S~ NEt SWt Sec . 34-4-68 desc . as fol ; Be~. at
pt . 133 ft . E of intersect1on of N . l1ne of E~ S~ S~ NEt
SWt S ec. 34 with E . line of S . Bannock St .; th . S . 50 ft.
to a pt ; th . due W. II to S . line NEt swt Sec 34 to E.
line S . Bannock St .; th. N along E . lineS . Bannock St.
50 ft .; th . E . 1 33ft . along N . line E~ S~ S~ NEt SWt
S ec. 34 to pob
Part SW! Sec . 34-4-68 desc . as fol : Beg . at pt . 380ft.
W and 138 ft . S . of NE cor . of SEt of SWt of Sec . 34;
lh . N . 198ft .; th . W. 132 .5 ft .; th . N 31ft .; th . W.
86ft .; th . S 91ft . toN . line SEt SW! Sec . 34 ; th . W.
along N. line of SEt of SWt of said Sec . 34 , 46 .75 ft . to
E . line of strip of land conveyed by Miller's Super Markets ,
Inc . to City of Englewood ; th. S . along E . line of said
strip conveyed by Miller's Super Markets , Inc . to City of
Englewood 138ft .; th. E . along N . line of W. Greenwood
Ave . 265 ft . to pob .
Section 3 . Said District shall be known as the same is
hereby des1gnated "Sidewalk Improvement District No . 70", in
Englewood , Colorado.
Section 4 . The construction of said sidewalk improvements
in and for sa1d District , as shown by the plans , specifications
and maps thereof, prepared by the Director of Public Works and
approved by the City Council of the City d Englewood and now
on file in the office of the Director of Public Works , be and
the same is hereby authorized and ordered , the material to be
used with such MlPS , plans and specifications .
Sect1on 5 . The estimated total cost of said improvements
is $15,888 .50 ; it is proposed that the City of Englewood will
pay approximately $4 ,456 .66 toward the total cost of said im-
provements . The balance of the total probable cost (being
approximately $11 ,431 .84) is to be paid by special assessments
to be levied upon each parcel of the real property hereinabove
described . The approximate share of the total cost to be assessed
per front foot upon any lot or tract of land fronting or abutting
on said 1mprovements is set forth in the Notice of Hearing ,
as provided by a Resolution adopted and passed by the City
Council on the 15th day of June,and is
Vertical curb and gutter 3 .54 per lin. ft .
Sidewalk (4" thick) .87 per sq . ft.
Driveway (6" thick) 1.11 per sq . ft.
Removal of old sidewalks .26 per sq. ft .
Removal of old vertica 1
cur b and gutter 87 per lin . ft .
Saw c oncrete 2 76 per lin . ft .
Sect1on 6 All assessments levied against the aforesaid
parcels of real property will b e due and payable , without
demand , w1th1n thirty days from and after the final publications
of an ordina n ce assess1ng the costs of said improvements against
the real property in the district . In case of any owner of
real property shall fail to pay whole of such assessment against
his property within said thirty days , then, the pro rata cost
of said lmprovements so assessed against h1s property , together
with interest at the rate of 7% per annum on any unpaid balance,
shall be payable in f1ve equal annual installments . The first
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of such installments of pr1ncipal dod interest shall be due and
pdyabl e at s u ch time as may be determ1ned in and by the asses-
sing ordinance , and the rema1nder of sa 1 d Installments shall
be due and payable successively on the same day of each year
th e reafter , unt1l all are paid in f u ll
S e ction 7 Th e Mayor and Di r ector of Finance are hereby
author1zed to advertise for bids to construct such improve-
me nts in three l 3 ) consecutive weekly issues of the Englewood
He rald , a newspape r o f general circulation published in the
Ci t y of Englewood , which adver t isements may run concurrently
with the publication of this Ordinance .
S ec tion 8 . Th e City Council hereby finds and determines
that the improiements propos ed to be constructed and installed
will confer a spec ial ben e fit upon the property within the
District and a g e n e ral b ~n e fit upon th e City as a whole .
Section 9 . Al l ordinances , or pa r t s thereof in conflict
herewith are hereby repealed . This Or dinance , after its final
passage , shall be recorded in a book kept for that purpose ,
shall be authenticated by the signatures of the Mayor and
Director of F1nance , shall be published in said City .
Introduced , read in full and passed on first reading on
the day of July , 1970 .
Published as a Bill for an Ordinance on the
of July, 1970 .
layor
Attest :
Ex Officio City Clerk-Treasurer
_____ day
I , Stephen A . Lyon , do hereby cert1fy that the above and
foregoing is a true, accurate and complete copy of a Bill for
an Ordinance in t roduced. real in full and passed on first read-
ing on the day of July 1970 .
Ex Offic1o City CleFk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN -------------------------------
A BILL FOR
AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT
DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70;
ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS;
AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE
CONSTRUCTION OF SUCH IMPROVEMENTS .
WHEREAS, the City Council of the City of Englewood, Colo-
rado , pursuant to the Charter and Ordinance No . 14 , Series of
1964 , of said City and the Laws of the State of Colorado,
hereby finds and determines that there exists a necessity for
the creatioa of Sidewalk Improvement District No . 70 , in said
City, and the construction therein of sidewalk improvements ,
as described herein ; and
WHEREAS, the City Council has heretofore directed the
Director of Public Works to prepar e pl a ns , s pecifications ,
maps and schedules in accordance with said laws; and
WHEREAS, the Director of Public Works has prepared all the
maps and certificates of his survey, as well as schedules,
plans , spec~fi~ations , approximations of cost, and all other
matters and things in complete form and substance as required
by law ; and
WHEREAS, the said maps and certificates of his survey,
as well as schedules , plans , specifications , approximations
of cost , and all other matters are hereby approved and adopted
by the City Council ; and
WHEREAS, Notice of a public hearing concerning the crea-
tion of the District and the construction of the improvements
therein and upon this ordinance has been published once a week
for three weeks in the Englewood Herald , a newspaper of general
circulation in the City, and , in addition , a copy of the Notice
has been mailed , postage prepaid , to each known owner of real
property within the proposed District ; and
WHEREAS, at the time and place specified in said Notice ,
the City Council met in open session for the purpose of hear-
ing any objections or protests that might be made against said
improvements; and
WHEREAS, all objections and complaints having been duly
heard and considered, the Council has determined that such
objections should be denied except as this ordinance has
accepted them and incorporated herein changes in said District
based upon said objections .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows :
Sec tion 1 . Sidewalk Improvement District No . 70 is hereby
created and the improvements h erei na fte r described, consisting
o f certain sidewalk improveme nts , are duly ordered after Notice
duly given and Hearing duly held , all as required by law .
Section 2. The extent of the D1strict to be assessed for
th e cost of the improvements shall be all the real property
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specially benefited and as more particularly set forth in the
Notice of Hearing as prov1ded by a Resolution of the City
Coun c 1l passed and adopted on the 15th day of June, 1970. The
kind of improvements and the sidewalks on which such improve-
me nt s shall be as follows :
l . Necessary installation , removal and replacement
of concrete sidewalks, curb and gutter , together
with the appurtenances and incidentals, in the
City's right-of-way contiguous to the following
properties .
LOCATION LOTS BLOCK SUBDIVISION
3100 South Acoma 1-24 1 Hee 's Addition
25-48 2 Hee's Addition
3100 South Bannock 1-24 2 Hee 's Addition
25-48 3 Hee's Addition
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3200 South Bannock 1-12 3 S. G. Hamlins Broadway Addition
13-24 2 s. G . Hamlins Broadway
14-26 Abbott's Subdivision
2nd Filing
3200 South Cherokee 1-12 2 s . G. Hamilns Broadway
Addition
1-13 Abbott's Subdivision
2nd Filing
13-24 1 s. G. Hamlins Broadway
Addition
14-26 1 Park Addition
Seven unplatted pieces of property as follows :
El Sl Sl NEt SWt of Sec . 34-4-68 Desc. as fol : Beg . at pt.
50 ft. S. of intersection of N . line of El Sl Sl NEt SW!
Sec. 34 with E . line S . Bannock St.; th. S . along E. line
S . Bannock St . 100ft., mi l; th. E. 133ft .; tb . N . 100ft .
mi l; th. W. 133 ft mi l to pob .
Part of El Sl S} NEt swt Sec . 34-4-68 desc . as fol: Beg .
at pt . on E. lineS . Bannock St . which is 140ft . S. of
N. line El S~ S~ NEt swt ; th. E II to said N. line 133 ft.;
th . S II to E. line of S . Bannock St . 101ft. mi l to pt.
91 ft . N. of s . line of said El sl sl NEt swt; th. w. II
to said S. line a distance of 133 ft . mi l to E . line S.
Bannock St.; th. N. along E . l1ne S. Bannock St. 101ft.
mi l to pob.
Part of E~ S! Sl NEt SWt Sec. 34-4-68 desc. as fol : Beg.
at pt. which is 15 ft . E . of SEcor . w! s~ sl NEt swt
said Sec . 34 ; th . proceeding E . 46 .58 ft to pt .; th . N
91 ft .; th. W. 46.58 ft .; th . S . 91 ft. to pob.
Part E~ S~ S~ NEt swt Sec . 34-4-68 desc . as fol : Beg.
at pt. 95 ft . S. of intersection of N . line of Ef Sf Sf
NEt swt Sec . 34 with E . line of S Bannock St.; th. S.
along E. line of S. Bannock St. 45ft .; th . E 133ft .;
th . N. 45 ft .; th . W. 133Ft . to pob .
Part in E~ S~ S~ NEt SWi of Sec. 34-4-68 desc. as fol:
Beg . at pt . 50 ft . S . of intersection of theN . line of
page 2
Addition
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E~ S~ S~ NEt SWt of sa1d S ec . 34 with E line of S . Bannock
St ; th S . along E . lLne of S . Bannock St . 45 ft . m/1; th .
E . 133 ft m;l , th N . 45 ft m/1; th . W. 133 ft . m/1 to pob.
Part E~ S~ S~ NE! swt S ec . 34-4-68 desc as fol : Be~. at
pt . 133 ft . E . of int e rsect1on of N l1ne of E~ S~ S~ NEt
SW! Sec . 34 with E line of S . Bannock St.; th . S . 50 ft .
to a pt ; th . due W II to S . line NEt swt Sec . 34 to E .
line S . Bannock St ; th . N. along E line S . Bannock St.
50 ft .; th . E . 133 ft . along N . l1ne E~ S~ S~ NEt SWl
Se c. 34 to pob
Part SW! Sec. 34-4-68 desc . as fol : Beg at pt . 380ft .
W and 138 ft . S . of NE cor . of SEt of swt of Sec . 34 ;
th. N . 198ft ., th W. 132 .5 ft .; th . N 31ft .; th . W.
86ft .; th . S . 91ft . toN . line SEt swt Sec. 34; th. W.
al on g N. line of SE! of swt of said Sec . 34 , 46 .75 ft. to
E . line of strip of land conveyed by Miller's Super Markets,
Inc . to City of Englewood ; th. S . along E . line of said
strip conveyed by Miller's Super Markets , Inc . to City of
Englewood 138ft .; th. E. along N . line of W. Greenwood
Ave . 265 ft . to pob .
Section 3. Said District shall be known as the same is
hereby designated "Sidewalk Improvement District No. 70", in
Englewood, Colorado.
Section 4 . The construction of said sidewalk improvements
in and for said District , as shown by the plans. specifications
and maps thereof, prepared by the Director of Public Works and
approved by the City Council of the City a Englewood and now
on file in the office of the Director of Public Works, be and
the same is hereby authorized and ordered , the material to be
used with such ml{ls , plans and specifications .
Section 5 . The estimated total cost of said improvements
is $15,888 .50 ; it is proposed that the City of Englewood will
pay approximately $4 ,456 .66 toward the total cost of said im-
provements . The balance of the total probable cost (being
approximately $11 ,431.84) is to be paid by special assessments
to be levied upon each parcel of the real property hereinabove
described . The approximate share of the total cost to be assessed
per front foot upon any lot or tract of land fronting or abutting
on said 1mprovements is set forth in the Notice of Hearing,
as prov1ded by a Resolution adopted and passed by the City
Council on the 15th day of June ,and is
Vertical curb and gutter 3 .54 per lin. ft .
Side walk (4" thick) .87 per sq. ft.
Driveway (6" thick) 1.11 per sq . ft.
Removal of old sidewalks . 26 per sq . ft .
Re moval of old vertical
curb and gutter 87 per lin . ft .
Saw co ncr ete 2 .76 per lin . ft .
S ect ion 6 All assessments l e vi e d against the aforesaid
par ce l s of rea l p roperty wi ll be due and payable , without
d e mand , wit h in thirty days from and after the final publications
of an ordinance a ssess 1ng the costs of said improvements against
the real proper ty in th e distri ct. In case of any owner of
real property s ha 11 fai 1 to pay whole of such assessment against
his proper t y within said thirty days , then , the pro rata cost
of sai d im pro vements so assessed aga ins t h1s property , together
with int rest at the rate of 7% p er annum on any unpaid balance ,
s hall be payable in five equal annual Installments . The first
page 3
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of such Installment of pr1ncipal and Interest shall be due and
payabl e at su c h lime as may be determ1ned in and by the asses-
sing ordinanc e, and the remainder of sa1d Installments shall
be due and pa y abl e successively on the same day of each year
thereaft er . u ntil all are paid in f u ll .
S ec tion 7 . Th e Mayor and Director of Finance are hereby
authorized to advertise for bids to construct such improve-
ments In thr ee l 3 ) consecutive weekly issues of the Englewood
He rald. a n e wspaper of general circulation published in the
City of En g lewo od . which advertisements may run concurrently
with the public a tion of this Ordinance
S ec tion 8 . Th e City Council hereby finds and determines
that The 1mpr o v e me nt s pr o posed to be con s tructed and installed
w1ll co nf e r a s p ec ia l benefit upon th e property within the
Di s tri c t and a g en ral b .nefit upon the City as a whole .
Section 9 All ordinances, or pa r ts thereof in conflict
herewith a r e hereby repealed . This Ordinance , after its final
passage , shall be recorded in a book kept for that purpose ,
shall be authenticated by the signatures of the Mayor and
Director of F1nance , shall be published in said City.
Introduced , read in full and passed on first reading on
the day of July , 1970 .
Published as a Bill for an Ordinance on the
of July, 1970 .
Mayor
Attest:
Ex Officio City Clerk-Treasurer
_____ day
1 , Stephen A . Lyon , do hereby cert1fy that the above and
foregoing is a true , accurate and complete copy of a Bill for
an Ordinance introduced , real in full and passed on f1rst read-
ing on the day of July 1970 .
Ex Off1cio City Clerk-Treasurer
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INTRODUCED AS A BILL BY COUNCILMAN ., ,.. -. · ------------------~-----------
A BILL FOR C Ou•\-....-•·-{.1 ~.-~1 ... v FI LE
C ITY OF IE~E.W 001D , G;;OUl.
AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT
DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70;
ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS;
AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE
CONSTRUCTION OF SUCH IMPROVEMENTS .
WHEREAS, the City Council of the City of Englewood , Colo-
rado, pursuant to the Charter and Ordinance No . 14, Series of
1964, of said City and the Laws of the State of Colorado,
hereby finds and determines that there exists a necessity for
the creation of Sidewalk Improvement District No . 70, in said
City, and the construction therein of sidewalk improvements,
as described herein; and
WHEREAS, the City Council has heretofore directed the
Director of Public Works to prepare plans, specifications,
maps and schedules in accordance with said laws; and
WHEREAS, the Director of Public Works has prepared all the
maps and certificates of his survey, as well as schedules,
plans, spec~fi~ations, approximations of cost, and all other
matters and things in complete form and substance as required
by law; and
WHEREAS, the said maps and certificates of his survey,
as well as schedules, plans, specifications , approximations
of cost, and all other matters are hereby approved and adopted
by the City Council; and
WHEREAS, Notice of a public hearing concerntng the crea-
tion of the District and the construction of the improvements
therein and upon this ordinance has been published once a week
for three weeks in the Englewood Herald, a newspaper of general
circulation in the City, and, in addition, a copy of the Notice
has been mailed , postage prepaid, to each known owner of real
property within the proposed District; and
WHEREAS, at the time and place specified in said Notice,
the City Council met in open session for the purpose of hear-
ing any objections or protests that might be made against said
improvements; and
WHEREAS, all objections and complaints having been duly
heard and considered, the Council has determined that such
objections should be denied except as this ordinance has
accepted them and incorporated herein changes in said District
based upon said objections .
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. Sidewalk Improvement District No. 70 is hereby
created and the improvements hereinafter described, consisting
of certain sidewalk improvements, are duly ordered after Notice
duly given and Hearing duly held , all as required by law.
Section 2. The extent of the District to be assessed for
the cost of the improvements shall be all the real property
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specially benefited and as mor e p ar ticularly set forth in the
Notice of Hearing as pr ovided by a Re s olu t ion of the City
Counc i l passed and adopted on the 15th day of June , 1970. The
kind of improvements and the sidewalks on which such improve-
ments shall be as follows :
1 . Necessary installation , removal and replace•ent
of concrete sidewalks, curb and gutter, together
with the appurtenances and incidentals, in the
City 's right-of-way contiguous to the following
properties .
LOCATION LOTS BLOCK SUBDIVISION
3100 South Acoma 1-24 1 Hee 's Addition
25-48 2 Bee's Addition
3100 South Bannock 1-24 2 Bee 's Addition
25-48 3 Bee 's Addition
3200 South Bannock 1-12 3 s . G. Bamlins Broadway
13-24 2 s. G. Hamlins Broadway
14-26 Abbott 's Subdivision
2nd Filing
3200 South Cherokee 1-12 2 s. G. Bamilns Broadway
Addition
1-13 Abbott's Subdivision
2nd Filing
13-24 1 s . G. Bamlins Broadway
Addition
14-26 1 Park Addition
Seven unplatted pieces of property as follows :
It St St NEi SWi of Sec . 34-4-68 Desc. as fol : Beg . at pt .
50 ft . S . of intersection of N. line of Et St St NEi SWi
Sec . 34 with E . lineS . Bannock St.; th . S . along E . line
S . Bannock St . 100ft., mil ; th. E . 133ft .; th. N. 100ft .
mi l; tb. W. 133 ft . mi l to pob .
Part of It St Si N&i SWi Sec . 34-4-68 desc . as fol: Beg .
at pt. on E . line S . Bannock St . which is 140 ft . S . of
N. line It St st NEt SWi; th, E II to said N. line 133ft.;
th. S II to B. line of S . Bannock St . 101 ft. mil to pt .
91 ft . N. of s . line of said Ei st st NEt swt; th. w. II
to said S. line a distance of 133 ft . mil to E. line S.
Bannock St.; th . N . along I. line S . Bannock St. 101 ft .
mi l to pob.
Part of Et St St NEi SWt Sec. 34-4-68 desc. as fol: Beg .
at pt. which is 15 ft . E . of SE cor . wl s! st NEi swt
said Sec . 34 ; th . proceeding E . 46 .58 ft . to pt .; th . N
91ft .; th . W. 46 .58 ft .; t h . S . 91ft. to pob.
Part Et Sf Sf NEi SWi Sec . 34-4-68 desc . as fol : Beg.
at pt. 95 f t. S . of intersection of N. line of It St St
NEt SWi Sec . 34 with E . line of S . Bannock St.; th. S.
along E. line of S . Bannock St . 45ft .; th . E . 133ft .;
t h . N. 45ft.; th . w. 133Ft . to pob .
Part in Et St Bt NEt SWi of Sec . 34-4-68 desc. as fol :
Beg . at pt . 50 ft . S. of intersection of theN . line of
page 2
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Addition
Addition
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E~ S~ S~ NEt SWi of sa1d S e c . 3 4 wi th E . line of S . Bannock
St ., th . S . alon g E . l1ne of S . Ba nn o c k St . 45 ft . mi l; th.
E . 133 ft mi l, th . N . 45 f t . m/1 ; t h . W. 133ft . mi l to pob .
Part E~ S~ S~ NEt SW! S ec . 34 -4-68 desc . as fol : Bei · at
pt . 133 ft . E . of intersection of N . line of El Sl St Nli
swt Sec . 34 with E . line of S . Bannock St.; th . S . 50 ft.
to a pt ; th . due W. II to S . line NEt swt Sec . 34 to E.
lineS . Bannock St .; th. N . along E . lineS . Bannock St .
50 ft .; th . E . 133ft . along N . line El Sl Sl NEi SWi
Sec . 34 to pob .
Part SW! Sec . 34-4-68 desc. as fol : Beg . at pt . 380ft .
W. and 138ft . S . of NE cor . of SEt of SWi of Sec . 34;
th . N . 198ft .; th . W. 132 .5 ft .; th . N . 31ft .; th. W.
86ft .; th . S 91ft . toN . line SEt SW! Sec . 34; th . W.
along N . line of SE! of SWt of said Sec . 34, 46 .75 ft . to
E . line of strip of land conveyed by Miller's Super Markets,
Inc . to City of Englewood ; th. S . along E . line of said
strip conveyed by Miller•s Super Markets, Inc . to City of
Englewood 138ft .; th . E. along N . line of W. Greenwood
Ave. 265 ft . to pob .
Section 3 . Said District shall be known as the same is
hereby designated "Sidewalk Improvement District No . 70", in
Englewood, Colorado .
Section 4 . The construction of said sidewalk improvements
in and for said District , as shown by the plans, specifications
and maps thereof, prepared by the Director of Public Works and
approved by the City Council of the City ~ Englewood and now
on file in the oftice of the Director of Public Works , be and
the same is hereby authorized and ordered, the material to be
used with such· msps , plans and specifications .
Section 5 . The estimated total cost of said improvements
is $15,888 .50; it. is proposed that the City of Englewood will
pay approximately $4,456 .66 toward the total cost of said im-
provements . The balance of the total probable cost (being
approximately $11,431 .84) is to be paid by special assessments
to be levied upon each parcel of the real property hereinabove
described . The approximate share of the total cost to be assessed
per front foot upon any lot or tract of land fronting or abutting
on said improvements is set forth in the Notice of Hearing,
as provided by a Resolution adopted and passed by the City
Council on the 15th day of June ,and is :
Vertical curb and gutter 3 .54 per lin. ft.
Sidewalk (4" thick) .87 per sq . ft.
Driveway (6" thick) 1.11 per sq . ft.
Removal of old sidewalks .26 per sq . ft .
Removal of old vertical
curb and gutter . 87 per lin . ft .
Saw concrete 2 .76 per lin . ft .
Section 6 , All assessments levied against the aforesaid
parcels of real property will be due and pa y able , without
demand, within thirty days f rom and after the .final publications
of an ordinance assess1ng the costs of said improvements aeainst
the real property in the district . In case of any owner of
real property shall fail to pay whole of such assessment against
his property within said thirty days , then , the pro rata cost
of said 1mprovements so assessed against h1s property, together
with interes t at the ra t e of 7% per annum on any unpaid balance,
s hall be payable in five equal annual installments . The first
page 3
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of such installments of principal and interest shall be due and
payable at such time as may be determ~ned in and by the asses-
sing ordinance, and the remainder of said installments shall
be due and payable successively on the same day of each year
thereafter, until all are paid in full .
Section 7 . The Mayor and Director of Finance are hereby
authorized to advertise for bids to construct such improve-
ments in three (3) consecutive weekly issues of the Englewood
Herald, a newspaper of general circulation published in the
City of Englewood, which advertisements may run concurrently
with the publication of this Ordinance .
Section 8. The City Council hereby finds and determines
that the improvements proposed to be constructed and installed
will confer a special benefit upon the property within the
District and a general benefit upon the City as a whole.
Section 9. All ordinances, or parts thereof in conflict
herewith are hereby repealed. This Ordinance, after its final
passage, shall be recorded in a book kept for that purpose,
shall be authenticated by the signatures of the Mayor and
Director of Finance, shall be published in said City.
Introduced, read in full and passed on first reading on
the day of July , 1970 .
Published as a Bill for an Ordinance on the _________ day
of July, 1970.
liyor
Attest:
IX officio 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 f6r
an Ordinance introduced, real in full and passed on first read-
ing on the day of July 1970.
IX Officio City Clerk-Treasurer
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A BILL FOR
AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT
DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70 ;
ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS;
AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE
CONSTRUCTION OF SUCH IMPROVEMENTS.
WHEREAS, the City Council o f t he City of Englewood, Colo-
rado, pursuant to the Charter and Ordinance No . 14 , Series of
1964, of said City and the Laws of the State of Colorado,
h ere by finds and determines that there exists a necessity for
the creation of Sidewalk Improvement District No. 70, in said
City , and the construction therein of sidewalk improvements,
a s described herein; and
WHEREAS, the City Council has heretofore directed the
Director of Public Works to prepare plans , specifications,
maps and schedules in accordance with said laws ; and
WHEREAS, the Director of Public Works has prepared all the
maps and certificates of his survey , as well as schedules,
plans , spec~fi~ations , approximations of cost, and all other
matters and things in complete form and substance as required
by law ; and
WHEREAS, the said maps and certificates of his survey,
as well as schedules , plans , specifications , approximations
of cost, and all other matters are hereby approved and adopted
by the City Council ; and
WHEREAS, Notice of a public hearing concern~ng the crea-
tion of the District and che construction of the improvements
therein and upon this ordinance has been published once a week
for three weeks in the Englewood Herald , a newspaper of general
circulation in the City , and , in addition , a copy of the Notice
has been mailed , postage prepaid , to each known owner of real
property within the proposed District ; and
WHEREAS, at the time and place specified in said Notice ,
the City Council met in open session for the purpose of hear-
ing any objections or protests that might be made against said
improvements; and
WHEREAS, all objections and complaints having been duly
h e ard and considered, the Council has determined that such
objections should be denied exc e pt as this ordinance has
accepted them and incorporated herein changes in said District
bas e d upon said objections .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1 . Sidewalk Improv e ment District No . 70 is hereby
crea ted and the improvements h e reinafter described, consisting
of c ertain sidewalk improvements , are duly ordered after Notice
duly given and Hearing duly held, all as required by law .
S ecti on 2 . The extent of the District to be assessed for
t h e cost of the improvements shall be all the real property I • •
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specially benefited and as more pa rtic ularly set forth in the
Notice of Heari ng as provided by a Resolution of the City
Council passed an d adopted on the 15th day of June , 1970. The
kind of improvements and the sidewalks on which such improve-
me nt s shall be as follows :
1 . Necessary installation , removal and replacement
of co ncr ete si d ew alks , curb and gutter, together
with the appurtenances and incidentals, in the
City 's right-of-way contiguous to the following
proper ties
LOCATION LOTS BLOCK SUBDIVISION
3100 South Acoma 1-24 1 Hee 's Addition
25-48 2 Hee 's Addition
3100 South Bannock 1-24 2 Hee 's Addition
25-48 3 Hee 's Addition
3200 South Bannock 1-12 3 s . G. Hamlins Broadway Addition
13-24 2 s. G . Hamlins Broadway Addition
14-26 Abbott's Subdivision
2nd Filing
3200 South Cherokee 1-12 2 s. G. Hamilns Broadway
Addition
1-13 Abbott's Subdivision
2nd Filing
13-24 1 s . G . Hamlins Broadway
Addition
14-26 1 Park Addition
Seven unplatted pieces of property as follows :
E~ S~ S~ NEt swt of Sec . 34-4-68 Desc. as fol : Beg . at pt .
50 ft . S . of intersection of N . line of E! S! S~ NEt swt
Sec . 34 with E . line S. Bannock St.; th. S . along E. line
s . Bannock St . 100ft., mi l ; th. E . 133ft .; th . N . 100ft .
mi l ; th. W. 133 ft . mi l to pob .
Part of E~ S~ S} NEt swt Sec . 34-4-68 desc . as fol: Beg .
at pt . on E. lineS . Bannock St. which is 140ft . S. of
N. line E~ s~ s~ NEt swt; th. E II to said N. line 133 ft.;
th. S II to E. line of S . Bannock St . 101 ft. mi l to pt .
91 ft . N. of s . line of said E! S~ s! NEt swt : th . W. II
to said S. line a distance of 133 ft . mi l to E. line S .
Bannock S t.; th. N . along E . l~ne S . Bannock St. 101 ft.
mi l to pob .
Part of E~ S~ S~ NEt swt S ec. 34-4-68 d esc. as fol : Beg .
at pt . which is 15 ft . E . of SEcor . W~ S~ Si NEt SWi
said Sec . 34 ; th . proceeding E . 46 .58 ft to pt .; th . N
91 ft .; th . W. 46 .58 ft ; th . S . 91 ft. to pob.
Pa rt E~ S~ S~ NEt swt S ec . 34-4-68 d esc . as fol : Beg.
at pt. 95 ft. S . of intersection of N . line of El Sl Si
NEt SWt Sec 34 with E . line of S Bannock St.; th. S .
along E . line of S. Bannock St. 45 ft .; th . E 133 ft .;
th . N. 45 ft.; th . W. 133Ft . to pob .
Part in E~ S~ S ! NEt SWi of S ec. 34-4-68 desc. as fol:
Beg . at pt . 50 ft . S . of intersection of the N . line of
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E~ S~ S~ NEi SW! of said S e c . 34 with E . line of S . Bannock
St , th . S . along E . llne of S . Bannock S t. 45 ft . m/1 ; th.
E . 133ft m/1 , th . N . 45ft . m/1 ; th . W. 133ft. m/1 to pob .
P art El S~ S~ NEt SWi S ec . 34-4-68 desc . as fol : Be~. at
pt . 133 ft . E . of intersectlon of N. line of El s t s~ NEI
SWi Sec . 34 with E . line of S . Bannock S t.; th . S . 50 ft.
to a pt ; th du e W // to S . line NEi SWi S ec . 34 to E .
line S . Bannock St .; th. N along E line S . Bannock S t.
50 ft .; th . E . 133ft. alo ng N . line El Sl S l NEi SW t
Sec . 34 to pob
Part SW i Sec . 34-4-68 d esc. as fol Beg at pt . 380ft .
W and 138 ft . s . of NE cor . of SEi of swt of S ec . 34 ;
th . N . 198ft .; th . W 132 .5 ft ; th . N 31ft .; th. W.
86 ft.; th . S . 91 ft . to N . line SEt SWi S ec . 34; th. W.
along N . line of SEi of swi of said S ec . 34 , 46 .75 ft. to
E . line of strip of land conveyed by Miller's Super Markets,
Inc . to City of Englewood ; th. S . along E . line of said
strip co nveyed by Miller's Super Markets , Inc . to Ci ty of
Englewood 138ft .; th . E . along N . line of W Greenwood
Ave. 265 ft . to pob .
S ection 3 . Said Di strict shall be known as the same is
hereby designated "Sid ewalk Impr ovement Dis trict No . 70", in
Englewood , Colorado.
Section 4 . The construction of said Sidewalk improvements
in and for said District , as shown by the plans , specifications
and maps thereof, prepared by the Dir ector of Public Works and
approved by the City Council of the City d Englewood and now
on file in the office of the Director of Public Works , be and
the same is hereby authorized and ordered , the material to be
used with suc h m~s , plans and specifications .
S ect1on 5 The est imat e d total cost of said improvements
is $15 ,888 .50 ; 11. is propose d that the City of Englewood will
pay approximately $4 ,456 .66 toward the total cost of said im-
provements Th e balance of the total probable cost (being
approximat ely $11 ,431 .84) is to be paid by special assessments
to be levied upon each parcel of the real property hereinabove
d escrib d . The approximate s hare of the total cost to be assessed
per front foot upon any lot or tract oi land fronting or abutting
on said Lmprovement is set forth in the Notice of Hearing,
as provid ed by a Resol ut1on adopted and passed by the C1ty
Council on the 15th day of June ,and is
Vertical curb and gut t er 3 .54 per lin . ft .
Sid walk (4" thick) .87 per sq . ft .
Dr·i veway (6" thick) 1.11 per sq . ft.
Removal of old s1dewalks . 26 per sq . ft .
Removal of old vertical
c urb and gutter .87 per lin ft
Saw con r·e te 2 76 p er lin. ft .
S e 6 All asses m nts levied aga1nst the aforesaid
parc els of J " al property w1ll b due and payable, w1thout
demand , w1th1n thirty days from and after the final publications
ot an 01dinanc assess1ng th e costs of said improvements against
the r al propPr t y in the district. In case of any owner of
real pr·ope r·ty hall fall t o pay whole of such assessment against
his p1 ·opert withln ba ld thirty days , then , the pro rata cost
of said lmprovements so assessed aga1nst h1s property , together
Wlth int rest at the rate of 7% p r annum on any unpai d balance ,
shal l be payable in f1ve e q ual annual 1nstallments . The first
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of such installments of pr1ncipal and interest shall be due and
payable at such t ime as may be determined in and by the asses-
sing ordinance , and the remainder of sa1d installments shall
be due and payable successively on the same day of each year
thereafter , until all are paid in f u ll .
Section 7 . The Mayor and Director of Finance are hereby
authorized to advertise for bids to construct such improve-
ments in three (3) consecutive weekly issues of the Englewood
Herald, a newspaper of general circulation published in the
City of Englewood , which advertisements may run concurrently
with the publication of this Ordinance .
Section 8. The City Council hereby finds and determines
that the improvements proposed to be constructed and installed
will confer a special benefit upon the property within the
District and a general b e nefit upon the City as a whole.
Section 9. All ordinances, or parts thereof in conflict
herewith are hereby repealed. This Ordinance, after its final
passage, shall be recorded in a book kept for that purpose,
shall be authenticated by the signatures of the Mayor and
Director of Finance, shall be published in said City.
Introduced, read in full and passed on first reading on
the day of July , 1970 .
Published as a Bill for an Ordinance on the day
of July , 1970. ---------
Mayor
Attest:
Ex Officio 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 f6r
an Ordinance introduced, real in full and passed on first read-
ing on the day of July 1970.
IX Officio City Clerk-Treasurer
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TO : M r . Stanl ey H. [Ji al , City Ma nage r
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· MIMOIANDUM CO~;
CITY
DAft: October 2, 1969
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AtOM: Mr. J . Robert M ack, Assistant to the City Manager
SUIJICT : FEES COLLECTED FOR CITIZEN-INITIATED BOARD ACTIONS
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Ordinance No. 34, Series of 1967, provides that each Board and
Commission of the City shall require from each applicant, petitioner,
appellant, complainant or other person requesting a ht!aring before
such Board to pay to the City a reasonable uniform fee therefore to
defray the elCpenses of such request. 'Ibe Board or Commission also
has the authority for the waiver of payment for indigents.
Itemized below are some typical costs which the City and the appli-
cant for a particular Planning and Zoning Commission or Board of
Adjustment and Appeals action would incur under the City's pre!MIIIt
policy and some suggestions which, if you concur, l·ould be trans-
m i tted to the Planaing Director and Public Works Dtrector for reView
and consideration by their respective Board or Commission.
PLANNING AND ZONING COMMISSION:
Rezoaings. Under the City's present policy, the City pre-
pare& and posts all signs for the applicant. The City also
incurs costs for advertising, transcription and filing or
recording. The typical rezoning costs to the City, excluding
salary or wages of City employees, is $141,0Qf. The typical
applicant pays a fee of $50.00 to the City.
Tbe Planning and Zoning Commission m ay wish to
cODsider adopting the following policy: The appli-
cant shall pay all costs for signing of property in-
cluding the preparation and posting of s igns. The
City would inspect such posted signs, but would no
longer paint them. Ollce the posting costs are
transferred from the City to the applicant, the
typical City cost for a rezoning would be in the
vicinity of *>6.00. Therefore, the minimum appli-
cant base fee could be Increased from SSO. 00 to
f70.00.
Platting. The present typical cost to the Cit). t-xcluding
personnel costs, for a subdivision platting is In the vicinity
of $41.00. Tht! applicant presently pays a fee to the City of
$50.00 .
No s ugge ste d c hange in the present City policy .
(Continued )
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Mr. stanley H. Dial
October 2 , 1969
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Subdivision Waiver. The typical cost of a Mubllivision waiver
to the City is $5. 00, excluding personnel sll111.ry and wages.
Tbere Is no fee charged the applicant. However. the appli-
cant does pay the cost of ;t recording or flhn«.
Since the City desires to maintain cootrol of <:onsummated
legal documents, it is recommended that tbe City continue
to record subdivision waivers and pay recordlq coats
directly to the County. Recordiq coats, plus typical postage
coets involved in a subdivision waiver, are about $20.00.
!laggest a subdivision waiver let-of $25. ou.
Vacattoo. A typical cttlr.en-lDitiated vacation request costa
the City about $51. 00. 'lbere is DO applicut fee for a vacation
request.
Recommend an applle&Dt fee of $56.00,
Aallexation. Adverttal.DI, traucrlptiOD, flltq &Dd recordilll
aDd poatap fees for a typtcaliiiUleDUOD are in tbe vicinity oC
867.00. There Is DO appllcu& fee.
Since it Is in the City's but ta&ere.t to coaaider aU
potential annexaUODa, ~~~U~Pat DO fee be eatabliabed
for the conaideraUOD ot: aDDSDticms.
Heipt VariaDCe. 'lbe City's present ordlnllDCt' c oocerni.Jig
height variaDCea provides that tbe applicut aball pay all coats
incurred by the City for the consideration of a !wight vartuce
request. Tbe typical height vartaDCe request coats approxi-
mately $87. 00 wbicb tncludea the cost to the City of preparilll
aad posting alps, but does DOt include perSODDt-1 coats.
Sugeat that the reapooaibillty for constructing and
plactnc alps on property be the responsibility of
the applicant. Naturally, the sips wLII be inspected
by City per80DD81. ODce the coat of alpa are
a .. tgned to the applicant, typical City <·oats for con-
slderattoo of a height nrtuce will be 157. 00.
Sllgl(8st a 860.00 fee be utablished for tht. consider-
ation of height variances,
BOARD OF ADJUSTMENT AND APPEA~:
Zoni.QI Variance. 1be typical coat of a zoning variance to tbe
City is approximatel y $21.00 plue peraonlk'l costs. The appli -
cant pays a $3. 00 City fee and provides bla own s igna.
(Coatinued )
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Mr. Stanley H. Dial
October 2, 1969
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~est the applicant cootinue to provide for
the posting of sigilli plus a $25. 00 City fee for
the cooaideration of zoning variancea.
Non-Zcm!Jw Variance. nie typical coat for tbe consider-
ation of a non-zODiDg variance by the City l approximately
$11. oo plua periiOIIDel coste. 1be appUCIUL des for
the posttag of signa and does DOt pay a fee.
lllggeat the applicant coottnue to provide lor
the posting of sigilli plua a •15. 00 City fee.
Ellcroac:bmeat. Cooalderattoo of e~acroachmlll&a typically
coets the City apprcWIDately $11.00 plue per1101111111l coste.
No aipiDg la required and tbe appliceat pays a fee to tbe
City of $3. 00.
a.geat a City fee of $15.00.
If tbeee augeatkllll are followed, tbe City will DOt be paiJI&tDI ud
poet:IDI aay eflpu, 'l1le reepooetbtltty for poetiJIC of propertlea will
be tbe re...,...lbillty ol tbe applicut. 1be City Will famieb the
wol"dbaa Md dlmeuloDI i»r the eipl aat will tnepect ttae eigna for
accuracy aDd date ol1J08U111. NoM of tbe above IQIPIIttcaa provide
for fen wbich would eccm ... e City coste for per .... l Ume ud
overhead.
SIDcerely,
J. ROBERT MACK
A881ataat to tbe City Maoqer
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NEWS RE I.E AS~:
July 20, Hl70 ? •70
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The appolnt111ent of Mr. James L. ~pinger as Plannino.: Director
was announ<"eli today by stanley H. Dial, C'lty :\lanagp,· of the City
of Englewood. :O.Ir. ~plnger, recent Planning Director for the
City of '1\•sti n, California, has also servt>rl as Plannln~ Administrator
for the Cit:-,,f Pacifil:a, California and Planner 1 lo• Fort Worth,
Texas. He is a graduate of Michigan State t tnlversity where he
received a degree in Urban Planning. He has been active in varlouR
professional o rganizations and In many community sen·ice activitle,.,
in Tustin. Englewood and Tustin are communities of approximate!\
the same si~t:'.
"\\'e feele-rt•·cmely lortunate in being able to appoint James Suplnger
..tnd feel that he will be ot tremendous help to the community In
this uniqu e stage of its development," Mr. Dial stated. 'His
fores ighted planning and accomplishments in tht:' C ity ot 1\Jstin
will be of i m nll'd iate assistance. ''
:\11". Dial indh ,tted that Mr. ~plnger Is expected to begin worki n g
o n !\1o nda~, .July 27 . Mr. Suplnger is not married.
:\h·. Stanley H . Obi
City l\lanage r·
Cit:-• of Engle \\Ofld . Col o t·ado 0110
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
JULY 6, 1970
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on July 6, 1970 at
8:00 P.M.
Ma yo r Schwab, presidi ng, called the meeting to order .
The i nvocatio n was given by Father Murphy of the St.
Loui s Catholic Church. Pledge of Allegiance was led by Mayor Schwab.
The Mayor a sked for roll call. Upon the call of the
roll, the following were present:
Councilmen Brown, Dhority , Lay, Lone, Senti , Schwab.
Absent: Councilman Kreiling.
The Mayor declared a quorum present.
Also present were: City Manager Dial,
Assistant City Manager McDivitt,
City Attorney Berardini,
City Clerk Lyon.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE MINUTES OF JUNE 15, 1970 BE APPROVED AS READ WITH AN AMEND-
MENT TO PAGE THREE STATING THAT COUNCILMAN BROWN REENTERED THE
COUNCIL CHAMBERS AT 9:40 P.M. RATHER THAN 10:40 P.M. Upon the
call of the roll, the vote resulted as follows:
Schwab. Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
* * * * * *
Ma yo r Schwab recognized Mr. William R . Howe, 4935
South Delawar e Street, from the list of special citizen invitees .
Mr. Howe stated that there we r e considerable traffic
probl ems created by mak in g l eft h and turns i nto Cinderella City
off of U. s . 285 .
* * * * * *
Mr . Leo Hamel, 4401 Wagon Trail Drive, and Mr. Robert
Marshall, 12970 West 15th Drive, Golden, Colorado, appeared before
City Council in regard to the parking limitations recently imposed
b y the City near the intersection of South Santa Fe Drive and
West Union Ave nue. Mr. Hamel and Mr. Marshall, employees of
Ragsdal e Tool & Di e , 4535 South Santa Fe, stated that they had
parked on West Union Avenue until the City had limited parking.
Th ey discussed the hardship caused by the parking limitation
and traffic problems within the area.
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City Manager Dial stated that West Union Avenue in the
area in which parking had been prohibited had been saturated
with parked vehicles and junk cars, sight visibility was limited
and cars were not well parked off the traveled way. Mr. Dial
stated that the removal of parking had improved these situations
considerably.
City Council discussed the matter with Mr. Hamel and
Mr. Marshall.
* * * * * *
Mr. Bruce Heider of Walter E. Heider & Company
appeared before City Council and formally presented the 1969
audit and management letter. Mr. Heider discussed the manage-
ment letter with members of Council.
City Manager Dial stated that the recommendations con-
tained in the letter would be reviewed in the 1971 budget process.
* * * * * *
Mr. John Ferguson, president of the Englewood Lions
Club, appeared before City Council and presented a letter con-
cerning the Lions Club zoo at Belleview Park. Mr. Fergusou stated
that the zoo was a losing proposition and he requested $2,000
contribution from the City of Englewood to maintain the zoo's
operation. Mr. Ferguson stated that the Lions Club would con-
tinue with its present support of the zoo and the train.
Councilman Lay suggested that the request of the Lions
Club be taken under advisement and a decision reached at a later
Council meeting.
* * * * * *
Mr. Jack L. Clasby, Chief of Police, appeared before
City Council and introduced the following members of the
Englewood Police Department's four-man pistol team to City
Council:
Sergeant Robert Penney
Sergeant Leon Mull
Officer William Belt
Officer Randall Carson.
RESOLUTION NO. 18, SERIES OF 1970
A RESOLUTION CONGRATULATING AND COMMENDING THE
ENGLEWOOD POLICE OFFICERS FOR THEIR PERFORMANCE IN THE STATE
CHAMPIONSHIP POLICE MATCH.
(Copied in full in the official Resolution Book.)
Sergeant Penney, on behalf of the officers, thanked
the City Council for its support of the team and its expression
of appreciation.
City Manager Dial stated that the team had been obtain-
ing funds from local private sources to finance their attendance
at the national pistol competition to be held in Jackson,
Mississippi. Mr. Dial stated that with the approval of city
council he believed the City could find any additional needed
funds to sponsor the trip to the national competition.
COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 18, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
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Schwab.
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,
THAT THE PUBLIC HEARING TO ADOPT THE MUNICIPAL CODE BY REFERENCE
BE OPENED . Upon the call of the roll, the vote resulted as
follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried, and the public hearing
opened at 9:05 P.M. (Note: A tape recording of the public
hearing is on file with the official minutes.)
The following i ndividuals appeared before City Council
in regard to the adoption of the revised Municipal Code:
Mr. John A. Criswell, attorney, 3755 South Broadway.
Mr . Criswell discussed the r evi sed Municipal Code and presented
a memorandum dated July 6 , 1970 with three attachments to City
Council.
Mr. George Johnston, 2401 South Pecos. Mr . Johnston
discussed the enforcement of the revised Municipal Code .
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT
THE PUBLIC HEARING BE CLOSED . Upon the call of the roll, the
vote resulted as follows:
Schwab.
Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays: None.
Absent: Councilman Kreiling.
The Mayor declared the motion carried, and the public hearing
closed at 9:35 P.M.
******
COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT
THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF
WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE
OPENED. Upon the call of the roll, the vote resulted as follows:
Schwab.
Ay es : Councilmen Brown, Dhority, Lay, Lone, Senti,
Nays : Non e .
Absent: Councilman Kreiling.
The Mayor declared the motion carried, and the public hearing
opened at 9 :3 6 P.M. (Not e : A tape recording of the public hearing
is on file with the official minutes .)
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(Councilman Kreiling entered the Council Chambers
a t 9:39 P .M. and took his seat with Council.)
Li ste d below are the items presented to City Council
i n regard t o t he rezoning:
1 . A me mo r and um from Mrs. D. A. Romans, Acting
Director of Plann i ng, da ted J u l y 2, 1970 concerning the rezoning.
2 . An a eri al p h o to of the subject area.
3 . A map of the sub j ect ar e a.
4 . A protest pet i tion filed wi t h th e Planning
Co mm iss i on a t thei r hearing on Ma y 19 , 1970.
5 . A mem orandum d a ted Ma y 20, 1 9 70 t o Mr. Kells
Waggone r, Di rector o f Publ i c Work s from Mrs. D . A. Romans,
Acting Di r ec tor o f Plann i ng, c onc e rning the testimony at the
hearing on Ma y 19 , 1 970 .
6. A summary of the ann e xation and zon i ng history of
the subject area.
Mrs. D. A. Romans, Acting Director of Planning, appeared
before City Council and reviewed the proposed rezoning. Mrs.
Romans indicated to Council that there was an error in the notice
of public he aring wh ich was posted on the subject area. Mrs.
Romans stated that those citizens who were opposed to the rezoning
might object to t h e fact that an error was made.
Di scuss i on ensued.
Mr. Willi am F. Mann i ng, 1540 West Tufts, appeared
before Cit y Counci l and requested that the area be properly
posted and that t he publ i c hearing be postponed until this
was done .
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED,
THAT THE PUB L IC HEARING RE CLOSED AND THAT AUGUST 3, 1970 BE
ESTABLISHED AS THE NEW PUBLIC HEARING DATE.
Mr. Ri chard L. Eason, attorney, 3311 South Broadway,
appe are d b e for e City Council and stated that he was in agreement
with Counc i l tha t the public hearing be reestablished.
Upon the call of the roll, the vote resulted as follows:
Aye s: Counc i lme n Brown, Dhority, Kreiling, Lay, Lone,
S e n ti, S c h wab.
Nays : No n e.
Absent : None .
Th e Ma y o r d e clared the mot ion carried , and t he public h e aring
close d a t 9 :56 P .M. (S ee f u rthe r mo t ion pertaining to the hearing
da te at t he e nd o f the City Council me eting.)
* * * * * *
The minutes of the P l anni ng and Zoning Commission
meeti ng o f June 2 , 1970 we r e r eceiv e d for the record.
* * * * * *
1'he mi n utes of t h e Parks and Recreat i on Commission
meeting o f J un e 17, 19 7 0 we r e r eceiv e d for the record.
* * * * * *
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The minutes of the Board of Career Service Commissioners
meeting of June 18, 1970 were received for the record.
* * * * * *
'l.'he minutes of the Library Board meeting of June 9,
1970 were received for the record.
* * * * * *
Mr. Robert Baker, attorney, and Mr. Jerry Sturm, 3184
Edgemore Drive, appeared before City Council in regard to the
Peanut Barrel, 3535 South Huron. Mr . Baker requested that the
current license be allowed to transfer from Mr. Thomas J.
Nomina to Peanut Barrel, Inc. dba Holly South.
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED,
THAT THE CURRENT LICENSE OF THE PEANUT BARREL, 3535 SOUTH HURON,
BE REISSUED TO THE PEANUT BARREL, INC. DBA HOLLY SOUTH. Upon
the call of the roll, the vote resulted as follows:
Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini stated that Mr. Don Hanneman
had resigned effective July 1, 1970. Mr. Berardini introduced
Mr. George B . Lee, Jr. who had been appointed Assistant City
Attorney and prosecuting attorney for Municipal Court effective
July 21, 1970.
Mr. Lee appeared before City Council.
City Attorney Berardini stated that Mr. Lee had pre-
viously been municipal judge for the City of Aurora and that he
would resign that position on July 20, 1970.
* * * * * *
City Manager Dial introduced Mr. Dean Peterson from the
Colorado State Highway Department. Mr. Dial stated that Mr.
Peterson was taking graduate course work in public administration
and as a part of his work was attending the Englewood City Council
meeting.
* * * * * *
City Attorn ey Berardini presented the opinion of Judge
Foote concerning the action brought by Mr. Leslie E. Howe, Sport
Bowl, 3295 South Broadway, against the City of Englewood to cause
the issuance of a 3.2 beer license to Mr. Howe. Mr. Berardini
stated that Judge Foote had ruled that the State's 3.2 beer act
takes precedence over the City of Englewood's ordinances which
proh ibit Mr. Howe from holding a license and that the Judge had
ordered that the City issue said license.
It was the consensus of city Council that the City
Attorney change the City Code by removing the restriction pro-
hibiting the issuance of 3.2 beer licenses within 500 feet of
a public or parochial school.
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A proposed bill for an ordinance increasing the sales
tax from two cents to three cents was presented by City Attorney
Be rardini and discussed by Council .
Introduce d as a Bill by Councilman Brown and read in full,
A BILL FOR
AN ORDINANCE AMENDING SECTIONS 1 6 .5-3 (a), 16 .5-10,
1 6 .5 -1 6 (c ), 1 6 .5 -1 7 , 1 6 .5-20(b) AND 1 6 .5-3 8 OF THE MUNICIPAL
CO DE OF THE CITY OF ENGLEWOOD TO INCREASE TAE TAX LEVIED BY SAID
S ECT I ONS F RO M TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL
S ALE OR ACQU ISIT ION CHARGE, TO THREE (3 ) CENTS FOR EACH FULL
DOLLAR THEREOF ; ESTABLISHING A SCHEDULE FOR THE COLLECTION OF
SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY
TAXAB LE ITEM I NC LUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING
AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS
EXC LUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND
INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY ($40.00) DOLLARS
TO SIXTY ($6 0.00) DOLLARS.
COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT
THE 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 as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial recommended that the City purchase
a tax certificate giving ownership to two lots in Southlawn
Gardens. Mr . Dial stated that the cost of the certificate was
$1,100 and that the land could be used in the future park develop-
ment near the ditch running through Block 13 of Southlawn Gardens.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE
RECOMMENDATION THAT THE CITY PURCHASE A TAX CERTIFICATE FOR TWO
LOTS IN SOUTHLAWN GARDENS AT A COST OF $1,100 BE APPROVED. Upon
t he c all of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Sen ti , Sch wab.
Nays ; None.
Absent: Non e .
The Ma y or d e clared the motion carried.
* * * * + *
RESOLUTION NO. 19, SERIES OF 1970
A RES OL UTION AUTHORIZING THE FILING OF AN APPLICATION
WI TH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA,
FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AM END ED.
(C o pi e d in full i n th e official Resolution Book .)
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COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED,
THAT RESOLUTION NO. 19, SERIES OF 1970 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays : None.
Absent: None.
The Mayor declared the motion c arri ed.
******
RESOLUTION NO. 20, SERIES OF 1970
A RESOLUTION INCREASING THE HOURS OF OPERATION OF THE
MUNICIPAL COURT; INCREASING THE COMPENSATION OF THE ENGLEWOOD
MUNICIPAL JUDGE, THE ASSISTANT CITY ATTORNEY, AND ESTABLISHING
THE MUNICIPAL COURT CLERK AT GRADE 16.
(Copied in full in the official Resolution Book .)
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT
RESOLUTION NO. 20, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 20, SERIES OF 1970 BE AMENDED BY ADDING TO SECTION
3 AFTER THE WORD JUDGE THE FOLLOWING, "OR $65.00 PER DAY." Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhor ity , Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO . 21, SERIES OF 1970
A RESOLUTION APPROPRIATING ADDITIONAL FUNDS FOR THE
EXTENSION OF MUNICIPAL CO URT OPERATIONS BY EIGHT HOURS PER WEEK.
(Copied in full in the official Resolution Book .)
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
RESOLUTION NO. 21, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: Non e .
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The Mayor declared the motion carried.
* * * * * *
City Manager Dial reported that City Attorney Berardini
is preparing an ordinance setting forth guidelines for approval
by the Water and Sewer Board of encroachments on City property
under the control of the Utility Department, specifically, the
City Ditch.
******
RESOLUTION NO. 22, SERIES OF 1970
A RESOLUTION ESTABLISHING BONDS FOR EMPLOYEES OF THE
CITY OF ENGLEWOOD IN ACCORDANCE WITH THE REVISED CITY CODE OF THE
CITY OF ENGLEWOOD, COLORADO.
(Copied in full in the official Resolution Book.)
COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED,
THAT RESOLUTION NO. 22, SERIES OF 1970 BE ADOPTED AND APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay , Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial presented a memorandum from Mr. Kells
Waggoner, Director of Public Works, and Mr. Stephen A. Lyon, Director
of Finance, recommending that certain traffic signal equipment
be exempt from the bidding procedure. Mr. Dial discussed the
reasons for the recommendation.
It was the consensus of City Council that an ordinance
be prepared following the recommendation.
* * * * * *
Mr. Stephen A. Lyon, Director of Finance, gave a report
concerning flood insurance, flood plain zoning, and the Urban
Drainage and Flood control District for the City of Englewood.
It was the consensus of City Council that no action be
taken in pursuit of obtaining flood insurance at this time.
* * * * * *
City Manager Dial requested the approval of the attendance
o f Fire Chief Hamilton to the 9th Annual International Association
of Fire Chiefs Conference in Seattle, Washington, August 9 through
13. 1970.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT
THE ATTENDANCE OF FIRE CHIEF HAMILTON TO THE 9TH ANNUAL INTER-
NATIONAL ASSOCIATION OF FIRE CHIEFS BE APPROVED AS REQUESTED.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
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Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial reported that Colorado Day would be
on August 3, 1970 and that this would necessitate the rescheduling
of the public hearing on the rezoning which had been previously
set for August 3, 1970.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT
THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF
WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE
SCHEDULED FOR THE FIRST OFFICIAL MEETING OF THE ENGLEWOOD CITY
COUNCIL IN AUGUST, 1970, AT 8:00 P .M. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated that he had received a request
from the downtown merchants to utilize sidewalks in the 3300 -
3400 blocks of South Broadway and adjacent streets during Old
Fashion Bargain Days, July 16 through 18.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE
USAGE OF CITY SIDEWALKS FOR MERCHANT DISPLAYS AND SALES DURING OLD
FASHION BARGAIN DAYS, JULY 16 THROUGH 18 !N THE VICINITY OF THE
3300 AND 3400 BLOCKS OF SOUTH BROADWAY BE AUTHORIZED. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab .
Nays: None.
Absent: None.
The Mayor declared the motion carried.
* * * * * *
City Manager Dial stated that a Utility franchise check
in the amount of $34,500 had been received from the Public Service
company for the p revious quarter.
* * * * * *
City Manager Dial discussed the establishment of a
study session on July 27, 1970.
* * * * * *
City Manager Dial stated that the recent ruling by the
Colorado Supreme Court overturning the Mountain States Telephone
rate increase was due in large part to the efforts of the Colorado
Municipal League and City and county of Denver in appealing the
original rate increase granted by the Public Utilities Commission.
* * * * * *
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City Council discussed a proposed traffic study of
traffic within the Englewood area.
******
councilman Kre i ling stated that he had attended a public
h earing earlier in the evening in Greenwood Village concerning
the extens i on of South Clarkson from Broadway to Orchard Road.
Mr. Kreiling stated that the reaction of those citizens attending
the me et i n g was not favorable .
* * * * * *
counc i lman Lay e xpressed his appreciat i on for th e sympathy
and courtesy h e had rec e ived by the Council and administration
after t h e passing of his father.
* * * * * *
Councilman Lone stated that he wished to thank members
of City Council on behalf of the Englewood Jaycees for their
contribution to the fireworks display and for the utilization of
Centennial Park.
* * * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT
THE MEETING BE ADJOURNED . Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone,
Senti, Schwab.
Nays: None.
Absent: None.
The Mayor declared the motion carried, and the meeting adjourned
at 11:35 P.M.
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REPORT TO CITY COUNCIL
Consolidation, Annexation, Dissolution Annexation of Municipalities
A review of the pertinent State Statutes regarding consolida-
NEWS RE LEAS I·:
July 20, 1970
The appointment of Mr. James L. !ilpinger as Plannin~ Director
was announL·ecl today by stanley H. Dial, City :\tanager of the City
of Englew(lnrl. :\1 r. !ilpinger, recent Planning Director for the
City of 1\lstin, California, bas also sern·rl as Plannln~ Administrator
for the City ,,f Pacifica, California and Planner I fill ~ort Worth,
rexas. He is a graduate of Michigan State l 'niversity where he
received :1 de~ree In Urban Planning. He has bet-n active In varlool'l
professional o r~anizntions and In many community sen·tce activities
in 1\lstin. Enl(lewood and Tustin are communities of approximate!~
the same sl7.e.
'We feel e..;t remely fortunate ln being able to appoint James Supin,;cr·
and feel th"'t he will be of tremendous help to the community In
this unique stage of Its development," Mr. Dial stated. 'His
foresighted pl :mninl!. a nd accomplishments In the 'ity ot Tustin
will be of immediate assistance."
:\1r. Dial ind l.-a ted that Mr. Supinger Is expected to begin working
o n 1\londay, J uly 27 . Mr. Suplnger Is not married.
:\lr. stanlev 11. 01:~1
City ~lanal!,l'r
('ity of Englt>\\OOrl, Colorado 0110
S HD ics
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NEWS RELEASE
July 20, 1970
•
The appointment of Mr. James L. ii!plnger as Plannln!( Director
was announ•·ed today by stanley H. Dial, City :\lanager of the City
of Englewnorl. :\1 r. ii!plnger, recent Planning Director for the
City of Tustin, Callfornla, bas also ser\'l'd as Planning Administrator
for the City ,,f Pacifica, California and Planner I fot Fort Worth,
rexas. He is a graduate of Michigan state l 'niverslty where he
received :1 degree In Urban Planning. He has bet-n active In varlou!'
professional organizations and In many community sen-Ice activitieR
in Tustin. Enttle\\ood and 1\lstin are communities of approximate!~
the samE' sl~:e.
·we feel extremely fortunate In being able to appoint James Suplnger
and feel that he will be of tremendous help to the community In
this unique stage of Its development," Mr. Dtal stated. 'His
foresighted planning and accomplishments In tht-City ot Tustin
will be of Immediate assistance. ••
Mr. Dial Indicated that Mr. Suplnger Is expected to begin working
on Monday, July 27. Mr. Suplnger Is not married.
:\1 r. stanlev II. Dial
City l\lanagcr
City of Engle\\ onrl, Colorado ROllO
SHD/cs
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REPORT TO CITY COUNCIL
Consolidation, Annexation, Dissolution Annexation of Municipalities
A review of the pertinent State Statutes regarding consolida-
tion and annexation of existing municipalities or to other munici-
palities is found i n CRS '63, Chapter 139, Article 8 and Chapter
139, Article 9, as amended.
A. Chapter 139, Article 8 -Consolidation
This Article provides for the joining together of two or
more contiguous municipalities into a new consolidated city.
The statutory method to effect consolidation of this type
is generally as follows:
1. The councils of such cities must appoint from
officers or citizens, three commissioners to arrange and
report to each council the terms and conditions of the pro-
posed consolidation.
2. These terms and conditions are:
a. A name for the new city.
b. Provide the number of wards into which the new
city shall be divided and fix ward boundaries.
c. The council of each of the cities approve the
terms of the consolidation by ordinanc~.
d. Submit by ordinance the question of consolida-
tion and the terms and conditions proposed to
the electors of their respective cities. (others
mentioned later)
3. Election takes place at a regular or special election
depending upon the effective date of the approving ordinance.
The election is governed by ·"Colorado Municipal Election Code
of 1965."
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4. In case the proposition for consolidation is ap-
proved by the Qualified Tax-paying Electors by each of the
cities involved, the mayors then of each must at once
issue a joint proclamation announcing an election of
officers for the consolidated city.
a . A Notice of Election is given.
b. Election is held for a mayor and two aldermen
for each ward to take office and hold the same
for a two-year period commencing on the second
Monday after the Election, and organize the
cit y council.
At this point and time consolidation ls deemed to be complete.
Terms of office of each and all offices of the previously ex-
isting cities so consolidated cease.
5. At the first meeting of the council of the consolidated
city, or as soon as possible thereafter, a resolution must be
passed adopting in a body the ordin;mces of one of the cities
forming the consolidated city and the council is also required
to make appropriations by ordinance for the expenses of the
unexpired portion of the then current fiscal or municipal year.
6. Bonded indebtedness of each of said cities prior to
consolidation remains a debt of that portion of the city even
after consolidation. Floating indebtedness of each of the
cities prior to consolidation is to be ascertained at the next
annual levy of taxes after consolidation. The council shall
make a special levy from each of the cities as they existed
prior to consolidation for payment of floating indebtedness.
(The terms of consolidation may make other provisions for
bonded or floating indebtedness.)
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7. The new municipality is required to defend all
lawsuits pending against any one of the cities at the
time of cons o lidation. (Terms of consolidation may make
provisions for payment of judgments or liabilities).
Chapter 139, Colorado Revised Statutes, Article 8,
also sets out a way by which other municipalities may
be annexed. This article is the same as that set out
above by Section 13, which I set out in full as an amended
adjoining· municipality.
139-8-13. Annexing municipalities.
(1) When any city or incorporated town shall desire
to be annexed to another and contiguous city or in-
corporated town, the council or trustees of each of such
cities or towns shall appoint a total of three commissioners
to arrange and report to such council or trustees respectively
the terms and conditions on which the proposed annexation
can be made. If the council or trustees of each of such
cities or towns approve of the terms and conditions proposed
they shall so declare, by proper ordinance. Thereupon the
council or trustees of each of such cities or towns by
ordinance passed at least thirty days prior to the regular
election therein or at least thirty days prior to a special
election for that specific purpose, may submit the question
of such annexation, upon the terms and conditions so pro-
posed, to the registered electors of their respective cities
or towns. Such election shall be conducted in accordance
with the provisions of the "Colorado Municipal Election Code
of 1965".
(2) If a majority of the electors of each city or town
vote in favor of such annexation, the council or trustees of
each shall so declare by proper ordinance. A certified copy
of the whole proceedings for annexation of the city or town
to be annexed shall be filed with the clerk and recorder of
the city or town to which the annexation is made and the
latter shall file with the secretary of state, and in the
clerk and recorder's office of the county, a certified copy
of all proceedings had by both of such cities or towns in
the matter of annexation.
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