HomeMy WebLinkAbout1979-06-18 (Regular) Meeting Agenda•
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CITY COUNCIL MEETING -Regular
June 18, 1979
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CITY COUNCIL MEETI NG
JWle 18 1979
ORDINANCE # y( /. ~, _J?(
RESOLUTION# 25, 26 , 27, 28
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REGULAR MEETING:
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COUNCIL CHAMBE RS
CITY OF ENGLEWOOD, COLORADO
June 18, 1979
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session at 7:30 p .m. on June 18, 1979 .
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Councilman Donald Smith. The
Pledge of Allegiance was led by Mayor James L . Taylor .
Mayor Taylor asked for roll call . Upon a call of the roll, the vote resulted as follows:
Council Members Williams, Weber, Smith, Harper, Mann, Taylor.
Absent : Council Member Clayton .
The Mayor declared a quorum present.
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Also present wer e: City Manager McCown
Administrative Assistant Br own
Assistant City Attorney DeWitt
Director of Engineering Services
Diede
Chief of Police Holmes
Deputy City Clerk Johannisson
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COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE
REGULAR MEETING OF JUNE 4, 1979. Councilman Mann seconded the motion.
Councilman Harper asked that the text on page 7 in the
title of Resolution No. 24, be corrected from "Fire Simple" to "Fee Simple".
Councilmen Smith and Mann agreed to the correction.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
None.
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June 18, 19 79
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Absent :
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Councilman Clayton .
The Mayor declared the motion carried.
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Kay Bohling, 4912 South Galapago, was present. She
stated that she had been selected as a finalist in the Miss United
Teenager Pageant. She requested that the City sponsor h e r. The
sponsor cost would be $180.00. She gave some background informa-
tion about the contest and hersel f .
COUNCILMAN SMITH MOVED TO SPONSOR KAY BOHLING IN THE MISS
UNITED TEENAGER PAGEANT AND APPROPRIATE $180.00 AS THE SPONSOR FEE.
Councilman Williams seconded the motion.
Councilman Smith stated that activities such as this ar e
good public relations for Englewood.
Councilman Harper said he would vote "no" because he
knows nothing of the sponsoring organization. His experience
shows that some of these pageants are disappointing.
Mayor Taylor stated that for the small cost, the public
relations for the City is beneficial.
Upon a call of the roll, the vote resulted as foll ows:
Ayes: Council Members Will iams, Smith, Mann, Taylor.
Nays : Council Members Weber, Harp er .
Absent : Council Member Clayton.
The Mayor declared the motion carried.
* * * * * *
John Criswell, attorney, 3780 South Broadway, was present
representing Jack Field, Inc. to request a public h earing and set-
ting of boundaries for a hotel and restaurant liquor license to be
located in Cinderella City.
Councilman Smith stated that b ecause o f t he location in
Cinderella City a two-mile radius should be used as the petitioning neighborhood .
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June 18, 1979
Page 3
COUNCILMAN WILLIAMS MOVED TO SET JULY 23, 1979, AT
7 :00 P .M. AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION
FOR A HOTEL/RESTAURANT LIQUOR LICENSE FROM JACK FIELD, INC. AND
THAT THE PETITIONING AREA WILL BE A TWO-MILE RADIUS FROM THE PRO-
POSED LOCATION. Councilman Smith seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes : Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
Nays : None.
Absent : Council Member Clayton.
The Mayor declared the motion carried.
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John O'Dell , 10700 East Dartmouth, Denver, was present
representing Colorado Piz za Corporation dba Mr. Gatti's, 225 East
Jefferson. He requested that a public hearing be set and the peti-
tioning neighborhood be established for a 3.2 Beer license proposed
for 225 East Jefferson.
COUNCILMAN WEBER MOVED TO SET JULY 23, 1979, AT 7 :30 P.M.
AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR A 3.2
BEER LICENSE, ON PREMISE, FROM COLORADO PIZZA CORPORAT I ON DBA MR.
GATTI'S AND THAT THE PETITIONING AREA WILL BE A ONE-MILE RADIUS
FROM THE PROPOSED LOCATION . Councilman Williams seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
Nays: None.
Absent : Council Member Clayton.
The Mayor dec~ared the motion carried.
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Byron Sutton, 2500 West Hampden, was present to discuss
the problem with golf balls hitting his property. He stated that
he felt City Council had an obligation to provide a remedy to the
dangerous situation which exists on the 4th hole of the golf course.
He criticized the City Council for taking no action by selecting
the alternative solution of stimulating growth of current trees .
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June 18, 1979
Page 4
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Mayor Taylor reminded Mr. Sutton that the courts had
ruled against him in the suits he brought against the City.
In response to Councilman Smith, Mr. Sutton stated that
at least one or two balls a week are hit onto his property. Coun-
cilman Harper stated that the Englewood golf course was design ed
to be safe and is considered one of the safest in Colorado.
Assistant City Attorney DeWitt stated that the City can
not be responsible for the acts of third parties. He further ex-
plained the design characteristics of the go lf course.
Mayor Taylor told Mr. Sutton that his last recourse
is to sue the City.
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Melvin Minnick, 4565 South Pearl, was present to discuss
Paving District 25. He stated that he and his neighbors objected
to paying for an inferior job, a job which did not meet the stan-
dards of the City. He stated the street will require repair before
it would normally be necessary because the job was not completed
correctly.
Mayor Taylor stated that payment was being withheld
from Western Paving until Paving District 25 was satisfactorily
completed.
Councilman Smith stated that there have been similar pro-
blems occur in other Colorado and Wyoming communities. He said
the contract specified a layer of "Petromat" and an inch of asphalt .
The use of "Petromat" provides a better surface than 2 inches of
asphalt.
Gary Diede, Director of Engineering Services, defined
"P etromat " and described the paving process.
Councilman Smith assured Mr. Minnick that the job would
b e completed correctly. He added that there is also a two-year
warranty on the job .
Hugh Frazier , 45 69 South Pearl, was present to discus s
Paving District 25. He stated that the administrative costs being
charged to the Paving District were excessive. The costs were com-
puted at $0.10 a square foot.
City Manager McCown explained that administrative costs
included all non-paving costs and were allocated proportionately
to the property owners .
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June 18, 1979
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Director of Engineering Services Diede presented a
breakdown of all costs for Paving District 25.
Councilman Smith asked that the administrative costs
for the Paving District be reviewed.
Isabel Knight, 3021 South Lincoln, was present. She
questioned the relationship of allocating costs of City personnel
used for paving districts. She expressed her concern that these
personnel were already on City payroll.
City Manager McCown explained the budgeting procedures
and how costs of personnel are allocated to General Fund and Pav-
ing District projects.
Mrs. Knight stated that northeast Englewood needs a fire
station and that City Council should find land for this purpose.
Land in this area is in short supply and it would be unfortunate to
have to condemn homes for this purpose. The City should buy land
now.
City Manager McCown explained the current fire station
situation and said that the Fire Chief will be doing a study to
find a location in this area.
Mayor Taylor stated that the City may have to condemn
residential property if other property is not available.
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"Conununications -No Action Reconunended" on the agenda
were received:
(a)
(b)
(c)
Minutes of the Housing Authority meeting of
April 25, 1979.
Minut e s of the Planning and Zoning Conunission
meeting of May 22, 1979 •
Memorandum from the Municipal Court Judge to
the Mayor and Council concerning the May
Activity Report.
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A lett e r f rom th e Board of County Commissioners, Arapahoe
County, concerning the reappointment of Jean R. Arthur for a four-
year term to the Re gional Transportation District was presented.
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June 18, 1979
Page 6
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COUNCILMAN WILLIAMS MOVED TO APPROVE THE ARAPAHOE COUNTY
COMMISSIONERS' RECOMMENDATION TO REAPOINT JEAN R. ARTHUR TO THE
REGIONAL TRANSPORTATION DISTRICT. Councilman Weber s e conded the motion.
Councilman Weber stated that he did not personally know
Arthur, but he was not very happy with the performance of the RTD.
The City received an unsympathetic response from a hearing board
considering Englewood's request for funds for the Ithaca-Santa Fe
couplet. A significant number of members were from RTD. The City
needs better representation from this important group.
Councilman Smith stated that the City is being asked to
give their approval to someone they really don't know. The
commissioners have given no alternatives. The City needs a r e port
of her positions and activities in order to properly evaluate
whether the City should approve or disapprove the appointment.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent :
None.
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
Council Member Clayton.
The Mayor declared the motion defeated.
COUNCILMAN SMITH MOVED TO DIRECT THE CITY MANAGER TO
WRITE A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS STATING THAT
THE PROCESS FOR SELECTION OF OUR REGIONAL TRANSPORTATION DISTRICT
REPRESENTATIVE NOT ONLY BE STARTED SOONER BUT THAT WE HAVE AN
OPPORTUNITY TO INTERVIEW THE INDIVIDUAL THEY RECOMMEND AND QUESTION
THEIR PAST PERFORMANCE. Councilman Weber seconded the motion.
Upon a call of the roll, the vote resulted as follows :
Ayes :
Nays:
Absent :
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
None.
Council Member Clayton.
The Mayor declared the motion carried.
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Mayor Taylor declared a recess at 8 :40 p.m. The Counc i l
reconvened a t 9 :00 p.m. Mayor Taylor asked for roll call. Upon a
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June 18, 1979
Page 7
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call of the roll, the following were present:
Counc il Members Williams, Weber, Smith, Harp er, Mann, Taylor.
Absent : Council Member Clayton.
The Mayor declared a quorum present.
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COUNCILMAN WILLIAMS MOVED TO CONSIDER AGENDA ITEM 8(A)
NOW. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
None.
Council Member Clayton.
The Mayor declared the motion carried.
Robert Holmes, Englewood Police Chief, was present to
request permission to send a police captain to Traffic Management
Administration courses at Central Missouri State University.
COUNCILMAN WEBER MOVED TO APPROVE THE RECOMMENDATION OF
THE CHIEF OF POLICE TO SEND A POLICE CAPTAIN TO TRAFFIC MANAGEMENT
ADMINISTRATION COURSE AT CENTRAL MISSOURI STATE UNIVERSITY. Coun-
cilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Weber, Smith,
Harper, Mann, Taylor.
None.
Council Member Clayton.
The Mayor declared the motion carried.
ORDINANCE NO. 24
SERIES OF 1979
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BY AUTHORITY
COUNCIL BILL NO. 23
INTRODUCED BY
COUNCILMAN CLAYTON
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June 18, 1979
Page 8
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AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTI ON MENT OF SAID COST TO EA CH
LOT OR TRACT OF LAND IN SAID DISTRIC T; ASSESSING A SHARE OF SA ID
COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRI B-
ING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS.
COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 23 ON
FINAL READING. Councilman Williams seconded the motion .
Director of Engineering Services Diede responded to Co un-
cilman Smith's que stion saying that no corrective work needed to be done.
Upon a call of the roll, the vote resulted as follows :
Ayes : Council Members Williams, Weber, Smith, Harper, Mann, Taylor.
Nays : None .
Absent : Council Member Clayton.
The Mayor declared the motion carried.
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ORDINANCE NO.
SERIES OF 1979
BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY
COUNCILMAN CLAYTON
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN
PAVING DISTRICT NO . 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV-
ING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR
TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST
AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING
THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY.
COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON
FINAL READING. Councilman Williams seconded the motion.
Councilman Smith stated he would vote "no" because the
City Coun c il did not take into account the citizen input during
the public hearing. He said he would continue to vote "no" on
paving district approval until there is a change in the public hearing procedure.
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June 18, 1979
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Councilman Weber shared Mr. Smith's concern that the public
hearing procedure needed to be changed to be more responsive to citizen desires.
Councilman Weber asked why there was an emergency clause in
the ordinance. Assistant City Attorney DeWitt said he didn't know
why. Director of Engine ering Services Di e de thought it may have to do with an interest payment due by July lst.
It was asked that someone call the bond counsel to find out why there was a need for an emergency clause.
COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF COUN-
CIL BILL NO. 22 UNTIL THE END OF THE MEETING. Councilman Weber
seconded the motion . Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Williams, Weber, Smith, Harp e r, Mann, Taylor.
None.
Counci l Member Clayton.
The Ma yo r declare d the motion carried.
ORDINANCE NO. 25
SERIES OF 1979
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BY AUTHORITY
COUNCIL BILL NO. 29
INTRODUCED BY
COUNCILMAN SMITH
AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT OF WAY
IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF
BLOCKS 1 AND 2, OF YEAGER'S SUBDIVISION OF BLOCK 4, VERONA PLACE, ARAPAHOE COUNTY, COLORADO.
COUNCILMAN SMiTH MOVED TO PASS COUNCIL BILL NO. 29 ON
FINAL READING. Counc i lman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Williams, Weber, Smith,
Harp e r, Mann, Taylor.
None.
Council Member Clayton.
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June 18, 1979
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The Mayor declared the motion carried.
ORDINANCE NO. 26
SERIES OF 1979
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BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY
COUNCILMAN MANN
AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE
CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE
THE GRANTING OF AN OPTION TO PURCHAS E CITY OF ENGLEWOOD EXCESS
RAW WATER BY MISSION VIEJO COMPANY .
COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO . 28 ON
FINAL READING. Councilman Harper seconded the motion . Upon a
call of the roll, the vote resulted a s follows:
Ayes: Council Members Wil l iams, Weber , Smith, Harper, Mann, Taylor .
Nays: None.
Absent: Council Member Clayton.
The Mayor declared the mot i on carried.
ORDINANCE NO .
SERIES OF 1979--
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 26
INTRODUCED BY
COUNCILMAN MANN
AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS;
RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE,
RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF
WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWO OD.
COUN CILMAN MANN MOVED TO PASS COUNCIL BILL NO . 26 ON
FIRST READING . Councilman Williams seconded the motion.
Councilman Weber stated that the bill is not as compre-
hensiv e as it n ee ds to be but it is a good start to needed solu-tions .
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June 18, 1979
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Upon a call o f the roll, the vote resulted a s follows:
Ayes :
Nays :
Absent :
Counc i l Me mb ers Williams, We b e r , Smi t h,
Harper, Mann , Taylor .
None.
Council Member Clayton.
The Mayor declared the motion carried.
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City Manager McCown said he had received a letter from
Cherry Hills Village about street improvements on Clarkson Street.
Cherry Hills will be having a public hearing on September 17th
to consider this item. In response to Mr. Weber's question, Mr.
McCown said that the reason the pu blic hearing is not being held
sooner may have something to do with their budget.
Mayor Taylor sa id that he, Mr. McCown and Kells Waggoner
attended a meeting with Cherry Hills and Greenwood Village about
Little Dry Creek. Urban Drainage District is beginning studies
to build a new dam to replace the Berry and Prentice dams.
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Councilman Mann asked Jim Keller to speak on the vacancies
on the Downtown Development Authority.
Jim Keller, Exe c utive Director of the Downtown Develop-
ment Authority was present. He stated that Directors Curry and
Maxwell's terms expire on June 30th.
COUNCILMAN MANN MOVED TO NOMINATE JOHN MAXWELL AND GERRY
VO N FR ELLI CK TO FILL THE VACANCIES ON THE BOARD OF DIRECTORS OF THE
DOWNTOWN DEVELOPMENT AU TH ORITY. Councilman Williams seconded the motion .
Councilman Weber que stioned the qualifications of the
nominees and make up of the current board.
COUNCILMAN WEBER MOVE D TO POSTPONE TO JULY 2, 1979 THE
CONFIRMATI ON OF THE NOMINEES . Co uncilman Smith seconded the motion .
Councilman Williams asked about the q ualifications of
the nominees.
Mr. Keller stated that Mr. Maxwell has been a member of
the board and Mr. Von Frellick is a property owner in the district •
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June 18, 1979
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Upon a call of the roll, the v ot e resulted as follows:
Ayes : Council Members Weber, Smith.
Nays: Council Members Williams, Harper, Mann, Taylor.
Absent: Council Member Clayton.
The Mayor declared the motion defeated.
COUNCILMAN WEBER MOVED TO SPLIT THE QUESTION. Councilman
Smith seconded the motion. Upon a call of the roll, the vote re-sulted as follows:
Ayes : Council Members Weber, Smith.
Nays: Council Members Williams, Harper , Mann, Taylor.
Absent : Council Member Clayton.
The Mayor declared the motion defeated.
Upon a call of the roll, th e vote on the original motion
to confirm Mr. Maxwell and Mr. Von Frellick resulted as follows:
Ayes: Council Members Williams, Harper, Mann, Taylor.
Nays: Council Members Weber, Smith.
Absent: Council Member Clayton.
The Mayor declared the mot ion carried.
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Council reconsidered agenda item 7 (B) pertaining to Council Bill No. 22.
ORDINANCE NO. 27
SERIES OF 1979
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY
COUNCILMAN CLAYTON
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN
PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV-
ING AND CONFIRMING THE APPORTIONMENT OF SAID COSTS TO EACH LOT OR
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TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST
AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT ; PRESCRIBING
THE MANN ER FOR THE COLLEC TION AND PAYMENT OF SAID ASS ESSMENTS; AND DECLARING AN EMERGENCY .
Dir e ctor of Eng ineering Services Diede returned to
report on his conversation with Bill Lamm, bond attorney. Mr.
Lamm said that the emergency clause exists in the ordinance be-
cause we must pay interest monthly for the bonds we don't pay
back. Every month th e re i s not an ordinance in effect the City
must pay i nterest. This will cost about $2,700 per month. The
City may assess the property owners for the paving district with-
out the contract being completed. In answer to Councilman Smith's
question, Mr. Diede said t hat the proposed schedule has been fol-
lowed. In response to Mr. McCown, Mr. Diede statep that the costs
were available on March 19 of this year. The City will be hold-
ing payment to the contractor until satisfactory completion of the contract.
Mayor Taylor called for the question. He asked that the motion be re-read,
COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON
FINAL READING. Councilman Williams seconded the motion.
Councilman Smith stated he would vote in favor of the
bill only as a financial protest. The system of public hearings,
when we don't pay any att e ntion to it, is ridiculous. Something
needs to be done to respond to the public.
Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Williams, Weber, Smith, Harp er , Mann, Taylor.
Nays: None.
Abs ent: Council Member Clayton.
The Mayor declared the motion carried.
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Mayor Taylor adjourned the meeting at 9:40 p.m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JUNE 18, 1979
7 :30P.M. Call to order, invocation by The Reverent Weldon
Shuman , Englewood Church of the Nazarene, 4775
South Pearl Street, pledge of allegiance b y Bo y
Scout Troop #1 54, and roll call .
Vl-Minutes.
(a) Minutes of the regular meeting of June 4,
1979. (Copies enclosed .)
2. Pre-Scheduled Visitors.
3 .
4 .
(a) Miss Kay Bohling, 4912 South Galapago Street,
will be present to discuss representing En gle-
wood in the state finals of the Miss United
Teenager Pageant. (Copies enclosed .)
(b) Mr . John Criswell, attorney , will be present
representing Jack Field Inc . to request a
public hearing for a hotel/restaurant liquor
license at a proposed site in Cinder Alley .
(Copies enclosed.)
(c) Mr. John O'Dell, Vice President of Colorado
Pi z za Corporation, will be present to request
a public hearing for a 3.2 beer license -
service on premises for Mr . Gatti's at the
proposed location of 225 East Jefferson .
(Copies enclosed.)
(d) Mr . By ron Sutton, 2500West Hampden, will be
presen t to discuss golf balls at the Golf
Cou rse.
Other Visitors .
Pu b lic Hea r ing.
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Page 2
June 18 , 19 79 Agenda
5. Communica ions -o Ac ion R comm ended.
(a) inutes of th Hou ing Authority meeting of
April 25, 1979. (Copies enclo sed.)
(b) Minut s of he Planning and Zo ning Commission
me ting of May 22, 1979. (Cop ies enclosed .)
(c) Memorandum from the Muni c ipal Court Judge to
the Mayor and Council concerning the Ma y
Activity Report . (Copies enclosed .)
6. Communication s -Action Recommended .
(a) Letter to Hayor Ta y lor from the Chairman o f
the Board of County Commissioners , Arapahoe
County concerning the reappointment of Jean
R . Arthur for a four year term ending JuJ.y 1 ,
1983 to the Regional Transportation Di strict .
(Copies enclosed .)
7. Cit y Attorney.
Ordinances on Final Reading.
(a) Ordinance approving the whole cost of the
improvements made in Paving District No. 23
in the City of Englewood ; approving and con-
firming the apportionment of said cost to
each lot or tract of land in said Distric t;
assessing a shar~ of said cost a ga inst each
lo t or tract of land in the District ; pre-
scribing the manner for collection and payment
(b)
(c)
of said assessments. (Copies enclosed.)
Ordinance approving the whole cost of the
improvements made in Paving District No . 25 ,
in the City of Eng lewood ; approving and con-
firming the apportionment of sa id cost to each
lot or tract of land in said District; assess-
ing a share of said cost against each lot or
tract of land in the Dis tr ict ; prescribing the
manner for the collection and payment of said
assessments; and declaring an emerg enc y.
(Ordinance and letter enclosed.)
Ordinance vacatin g a portion of the ex isting
street right-of-way in the 3500 block of
South Marion Street, adjacent to and east of
blocks 1 and 2 , of Yeager 's Subdivision of
block 4, Verona Place, Arapahoe County,
Colorado. (Copies enclosed.)
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June 18, 1979 Agenda
7 . City Attorney (Continued).
(d) Ordinance approving an agreement to study
methods to utili ze City of Englewood excess
raw water b y Mission Viejo and approve the
g ranting of an option to purchase Ci ty of
Englewood excess raw water by Mission Viejo
Company. (Copies enclosed .)
Bill for an Ordinance .
(e ) Bill relating to the repair , replacement,
lowering, and thawing of water service l i nes
within the public right-o f -wa y in the Cit y
of Englewood . (Copies enclosed.)
Othe r Matters.
(f) Attorn ey 's Choice.
8 . City Manager.
(a) Request from the Chief of Police for out-of-
state trip for police personnel to attend
Traffic Management Administration classes
at Central Missouri State Univer sity from
March 6 to May 22, 1980 . (Copies enclosed .)
(b) Manager's Cho i ce.
9 . General Discussion.
(a) Mayor's Choice.
(b) Councilman's Choice.
10 . Adjournment .
c /:4#0 .. "
ANrtr MC COWN
City Ma nager
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REGULAR MEETING :
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
June 4, 19 79
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The City Council of the City of Englewood, Arapahoe County,
Colorado, met in r egular session at 7 :30 p.m. on June 4, 1979.
Mayor Taylor, presiding, called the meeting to order.
The invocation was g iven by the Reverend Jer y P. Friesen,
Seventh-day Adventist Church, 27th and Downing . The Pledge of Alle-
giance was led by Boy Scout Troop #154 .
Mayor Taylor asked for roll call. Upon a call of the roll, the following were present:
Council Members Williams, Smith, Harper, Cla yton,
Mann, Taylor.
Absent : Council Member Weber.
The Mayor declared a quorum present.
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Also present were: City Manager McCown
Assistant City Manager Curnes
City Attorney Berardini
Director of Public Works Waggoner
Director of Engineering Services
Diede
Deputy City Clerk Watkins
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COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE
SPECIAL MEETING OF MAY 14, 1979. Councilman Smith seconded the
mot ion. Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Smith, Harper, Clayton, Mann.
Nays: None.
Abstain: Council Members Williams, Taylor.
Absent: Council Member Weber.
The Mayor declared the motion carried.
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Jun , 19 79
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Councilman Clayton not ed a co r rection i n the minutes of
May 21, 197 9 . Th e correction was on page 4, 8th parag r aph . Co un-
cilman Clay ton sta e d the wor d "i ems " shou ld be cha n ged to "bi ds ".
City Mana ge r McCown stated th e r e was a correction on
Pag e 10, 1st paragraph. Th e wor d "re ceive " should be del e te d and
the fol lowing words insert ed: "pas s the l e ase of".
COUNCILMAN CLAYTON MOVED TO APPROVE THE MINTUES OF THE
REGULAR MEETING OF MAY 21, 1979 AS AMENDED. Councilman Harp e r
seconded the motion. Upon a call of the roll, the vote resulted as follow s:
Ayes : Council Members Smith, Harper, Clayton, Ma nn, Williams.
Nays: None .
Abstain : Council Member Tay lor .
Absent: Council Member Weber .
The Mayor declared the motion carried .
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Pre-schedul ed visitor, Mr. B. W. Elliott, 3801 South
Elati Street, was present . Mr . Elliott requested that he be
granted an encroachment onto City prop e rty to install a 42 -inch
chain-link fence along the north sid e of th e ir back yard .
City Manager McCown stated the staff has reviewe d
Mr . Elliott's requ es t and recommends that it be g ranted .
Councilman Smith prefaced his motion by stating it
was b ased upon the r ecomme ndation from the Community De velopment
Department and th e fact that Mr . Elliott understands if the City
needs the land, he wo uld have to remove the fe nc e .
COUNCILMAN SMITH MOVED THE ENCROACHMENT REQUEST OF 3801
SOUTH ELATI BE GRANTED AND THAT THE ENCROACHMENT WILL BE APPROXI-
MATELY SIX FEET INTO THE WEST LEHIGH RIGHT-OF-WAY. Councilman
Mann seco nded the motion . Up on a call of the roll, the vote re-sult ed as follows:
Ayes : Council Members Smith, Harper, Clayton, Mann,
Williams, Taylor .
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Jun e 4, 1979
Pa ge 3
Nays:
Absent:
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None.
Council Member We ber .
The Mayor declared the motion carried.
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Pre-scheduled visitor, Mr. John Criswell, 3780 South
Broadway, was present. Mr. Criswell stated he was a lawyer re-
presenting Mr. Stephen Dreher and Mr. Dreher's mother in the
matter concerning the relocation of fire station '3. Mr . Criswe ll
submitted a hand-drawn map of the location and offered three al-
ternatives to the Council if land is to be acquired in this area
for the fire station. Alternative 1 was to take the west half
of the property to the south and adjacent to the Dreher property.
Alternative 2 was to take all of the Dreher property. Alternative
3 was to take the west half of the Dreher property and the adjacent
9,975 square feet of the other property. Mr. Criswell argued that
the location of a fire station or any municipal improvement is a
matter of decision to be made by the people. He suggested what-
ever site is selected that Council first adopt an ordinance deter-
mining the location and if the people desire to file a referendum
petition, they have the right to do so. Mr. Criswell referred
to the election concerning the moving of City Hall to its present location.
Councilman Mann asked the City Attorney for an opinion
concerning Mr. Criswell's argument . Mr . Mann asked if a public
hearing in this case would suffice followed by the passage of
an ordinance designating the location.
City Attorney Berardini stated he has researched the
matter and submitted a memorandum explaining his opinion. Mr.
Berardini stated the Council has the right of eminent domain as
provided by statute -Section 76 of the Home Rule Charter with-
out g oing to the vote of the people. Mr . Berardini further stated
no ordinance o r public hearing would be necessary in this matter
and ac t ing by r e solutioq to select a location was in order.
Mr. Criswe l l reiterated his position contending that the
people ha v e the r ight to determine whether or not the location is
desira b le. Mr. Criswe ll stated he was neither certain whether a
resolution wou l d be legal l y b i nding nor subject to a referendum with out a c o ur t de c i sion.
Pre-schedul e d visitor, Mr. Stephen Dreher, 54 West Layton
Avenu e , was pres e nt. Mr. Dreher submitted a petition containing
278 nam e s requesting further consideration concerning the fire
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June 4, 1979
Page 4
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station relocatio n . Mr . Dreher pre s nted a ma p depicting present
and proposed fire station sites and respective respon se times .
Mayor Taylor r eceived the petition a nd rebut ted . Mayor
Taylor sta ted Council has spent numerous hours studying the ma tt e r including the expense .
Mr . Dreher produc e d f urth e r areuments against the re-
location . Mr. Dr eher debated the possible renovation and use o f
the volunteer station, the relocation of a station at Lafayette
and Hampden , and maintaining th e sta tion at its present location on Belleview and Fox .
Councilman Smith stat ed one of th e purposes o f locating
at Acoma a nd Layton was to plac e the second rescue vehicl e in an area able to cover 50 % of the rescue calls.
Mr. Dreher stated if the volunteer station was activated , some of the same areas would be covered .
Councilman Smith stated there is a great of cost involved
in taking over the volunteer station . It would have to be demolished
and a new station constructed . The only alternative for the volun -
teers is to move to Belleview which has been vertified to be inade -quate.
Councilman Clayton added there were some response time
problems to high risk areas from the volunteer station. The response
time to the h igh school and Swedi sh Hospital is quicker from Acoma and Layton .
COUNCILMAN WILLIAMS MOVED TO BRING FORWARD AGENDA ITEM
7D -A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION.
Coun cilma n Mann seconded the motion. Upon a call of the roll, the vote r e sulted as follows:
Ayes:
Nays:
Absent:
Council Memb e rs Smith, Harp er, Clayton,
Mann, Williams, Taylor.
None.
Counc il Member Weber.
Th e Mayor declar ed the motio n carried,
COUNCILMAN WI LLIAMS MOVED TO INSTRUCT THE CITY ATTORNEY
TO PR EPARE A RESOLUTION WHICH WOULD START THE PROCEEDINGS TO RE-
NOVATE THE VOLUNTEER FIRE STATION AT QUINCY AND PEARL. Council -man Mann seconded the motion . I •
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June 4, 1979
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Councilman Smith stated it has been pointed out that
this location, Quincy and Pearl, was the least desirable. Mr. Smith urged the motion 's defeat .
Councilman Williams stated there was not that much dif -
ference in r espons e time between Acoma and Layton, and Quincy and Pearl.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Williams, Mann .
Council Members Smith, Harper, Clayton , Taylor.
Council Member Weber .
Th e Mayor declared the motion defeated .
COUNCILMAN SMITH MOVED TO SUBMIT AND PASS A SUBSITUTE
RESOLUTION FOR AGENDA ITEM 7D. Councilman Harper seconded the motion.
The resolution was submitted to Council .
Councilman Smith stated the r e solution chang s the lo -
cation from the proposed southeast corner of Acoma and Layton which
is the Dreher property to t h e property immediately south owned by
Mr . Pezoldt which is a single ownership and has no buildings on
it at the present time . Mr . Smith stated the change was a sugges-
tion by the Community Development Department following an indepen -
dent study subsequent to a study by the Fire Department . This was
one of the prime locations of the Fire Department and the second
recommended site by the Community Development Department. Mr . Smith
stated there was information available on the cost estimates to move
the station south of Layton and Acoma referring to a memorandum
from Dire ctor of Engineering Services Gary Diede .
Councilman Smith rebutted Mr. Criswell's earlier state-
men t . He stated the section of the Colorado Revised Statutes 38-6-101
ind icates City Council has authority by Charter or by statute to
build, acquire or establish any municipal improvement. Mr. Smith
stated the location of the present City Hall or the building was not
voted upon by th e citizens of Englewood, only the bond issue was voted upon .
Counc i lman Mann discussed why he was opposed to relocat-
ing the station . Mr. Mann stated he could not understand staff's
recommendation to locate in the southern part of Englewood when
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June 4, 1979
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there was a more c ritical n ee d to build one in the northeast sec -
tion . Mr . Mann stated the bu i ld ing o n Be ll evi ew c a n b e r e novated
a nd n e w land c a n be acquir e d north of it to expand the fa cil i ti e s fo r less mon e y .
Councilman Harper commented on the matter. Mr. Harp er
stated after he had revi e wed all t h e facts , h e h ad changed his
opinion from keeping the station at Bellevie w to moving it to th e
location proposed in Councilman's Smith r eso lution . Mr. Harper
stated he felt locating the station at Quincy and P earl would not
be proper nor f unc tional , and Council should loo k down the road
10 years or more. Mr. Harper stated a station would probably be
built in northeast Englewood as he sees the development i n that
area in cr ea sing . In his op i nion, the best jud gement was to locate
the s tation as proposed.
Councilman Clayton commended all the people who had
presented their different opinions on this matter . Mr. Clayton
acknowledged there might be some cost overruns in moving to Acom a
and Layton due to inflation. Mr . Clayton stated he was solidly
convinced that the station n ee ded to be mov e d since the City has
not deve loped along the predicted lines. Mr. Clayton stated the
most important t h ing to him i s response time, and the location
at Qu i ncy and Pearl has some response time problems. Quincy and
Pearl, however, solves the problem for housing the volunteer fir e -
men. Mr. Clayton advocated passing the proposed resolution.
Counc ilman Williams stated he did not deny that the sta -
tion at Bell e v iew needs to b e changed; he believed the e xpense was
was too much compared to renovating the one at Quincy and Pearl. Mr .
Williams stated the monetary difference between moving the station
t o Layton and Acoma and renovating the volunteer station could be
used to finance the frozen water line problem . Mr. Williams
stated h e was very sympathetic to the p e ople who suffered frozen
water problems last winter. Mr. Williams stat ed there wer e other
locations a n d Quincy and Pearl that would not have the impact as Layton and Ac oma .
COUNCILMAN MANN MOVED TO TABLE THE RESOLUTION IN DEFINI TELY.
Councilman Will iams seconded the motion. Upon a ca l l of the roll,
the vote resulted as follows:
Ayes: Co unc il Members Mann , Williams.
Nays : Counc il Memb e rs Smith , Harper, Clayton, Taylo r.
Abs ent : Council Member We ber.
The Mayor declare d the motion defeated.
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June 4, 1979
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Councilman Smith stated money has already been set aside
for the frozen water line problem. Mr. Smit h added Council should
rely on staff recommendations because of the professional expertise
for which each one is hired. Mr. Smith stated the longer Council
waits to make the relocation, the more expensive it will becom e .
City Attorney Berardini not ed a change in the bill's
language under the first "WHEREAS" paragraph. The third line
should read "a new fire station adjacent to the southeast corner of Layton Avenue and".
At the request of Mayor Taylor, the Clerk read the sub-
stitute resolution in its entirety.
RESOLUTION NO. 24
SERIES OF 1979
A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FIRE
SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD,
COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATION.
COUNCILMAN MANN MOV ED THAT COUNCIL PROVIDE HIM COPIES OF
THE PETITION SUBMITTED BY MR. DREHER AND A DELAY OF 30 MINUTES TO
READ THE PETITIONS BEFORE MAKING A FINAL VOTE. Councilman Williams
seconded the motion . Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Member Smith, Harper, Clayton,
Mann, Williams.
Council Member Taylor.
Council Member Weber.
The Mayor declared the motion carried .
Mayor Taylor declared a recess at 9 :00 p.m. The Council
reconve ned at 9 :30 p.m. Mayor Taylor acknowledged that Council-
man Weber had entered the meeting. Mayor Taylor asked for roll call.
Upon a call of the roll, the following were present :
Council Members Williams, Weber, Smith, Harper,
Clayton, Mann, Taylor.
Absent : None.
The Mayor declared a quorum present.
Councilman Mann stated reading the petitions only reen-
forced his opinion to vote against the relocation. Mr. Mann stated
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June 4, 1979
Page 8
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he was convinced the proposal is too expensive and the people
have proved they do not want it. Mr . Mann stated there is more
of a need to build the fire station in northeast Englewood.
Mayor Taylor asked Councilman Weber i f he had any ques -tions concerning the item now on the floo r .
Councilman Weber stated he had none.
Upon a call of the roll, the vote on Councilman's Smith
motion to pass the substitute resolution r esulted as follows :
Ayes:
Nays :
Council Members Weber, Smith, Harper,
Clayton, Taylor.
Council Members Williams, Mann .
The Mayor declared the motion carried.
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Pre-scheduled visitor, Mrs . Elaine King, 5000 South Inca
Drive, was present . Mrs. King submitted a report concerning metro-
government and her concerns of impending dangers of local govern-
ment acquiescing their responsibilities to th e federal gove rnmen t .
Mrs . King asked the City Council to discontinu e the city manager/
council form of government, and take the necessary steps to put
Englewood under a constitutional government . Mrs. King stated that
will be a step in the right direction toward removing Englewood from
the clutches of federal and federally -contro lled regional government.
Mrs. King submitted copies of her report to the Council and a copy of the United States Constitution .
Mayor Taylor asked if she was the individual who, at one
time, decl ared the United States currency as unconstitutional.
Mrs. King stated that she had.
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Councilman Weber asked to be excused from the meeting at 9 :50 p.m . Mayor Taylor grant ed the request.
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"Communications -No Action Recommended" on the agenda were received:
(a)
Minutes of the Board of Career Service Commis-
sioners meeting of April 19, 1979 •
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Jun e 4 , 1 979
Pag e 9
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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Minut es of the Downtown De velopme nt Authority
meeting of April 11 and May 16, 1979 .
Minutes of th e Planning and Zoning Commission
meeting o f May 8 , 1979 .
Minutes of the Public Library Board meeting of May 8, 1979.
Minutes of the Parks and Recr e ation Commission
me e ting of May 10, 1979 .
Minut e s of the Water and Sewer Board meeting of May 15, 1979.
Minutes of the Animal Control Committee meeting of May 29, 1979.
Minutes of the special study session of City
Coun cil of May 29, 1979.
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City Manager McCown pres en ted a request for an annual
renewal of a 3.2 beer retail license for Leslie E. Howe d/b/a Sport Bowl, 3295 South B~oadway.
COUNCILMAN HARPER MOVED TO APPROVE THE REQUEST FOR AN
ANNUAL RENEWAL OF A 3.2 BEER RETA IL LICENSE FOR LESLIE E . HOWE
D/B/A SPORT BOWL, 3295 SOUTH BROADWAY . Councilman Mann seconded
the motion . Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent :
Council Members Smith, Harper, Clayton,
Mann, Williams, Taylor .
None.
Council Member Weber.
Th e Mayor declared the motion carried.
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City Manager McCown presented a letter from the Chairman
of the Animal Control Committee to the Mayor concerning the animal
control ordinan ce . Mr. McCown stated the Committee is requesting
pos tponement on consideration o f t heir recommendation until all of
their recommendations can be submitted to Council •
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June 4 , 1979
Page 10
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COUNCILMAN SMITH MOVED TO CONCUR WITH THE ANIMAL CON-
TROL COMMITTEE'S RECOMMENATION AND TO POSTPONE THE MATTER UNTIL
THEY ARE READY TO SUBMIT THE ENTIRE PACKAGE. Councilman Mann
seconded the motion. Upon a call of the roll, the v ote resulted as follows :
Ayes :
Nays:
Absent :
Council Members Smith, Harper , Clayton,
Mann, Williams, Taylor.
None .
Co uncil Member Weber .
The Mayor declared th e motion carried.
ORDINANCE NO . 23
SERIES OF 1979
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BY AUTHORITY
COUNCIL BILL NO. 2 7
INTRODUCED BY
COUNCILMAN WILL IAMS
AN ORDINANCE APPROVING AN AGREEMENT BETWE EN THE CITIES OF ENGLEWOOD
AN D LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND
CASTLEWOOD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN INTEREST
BY CASTLEWOOD FIRE PROTECTION DISTRICT IN THE JOINT FIRE TRAINING FACILITY .
COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO . 27
ON FINAL READING . Councilman Clayton seconded the motion. Upon a
call of the roll, the vote resulted as follows :
Ayes :
Nays:
Abs ent :
Council Members Smith, Harper, Clayton,
Mann, ~-lilliams, Taylor .
Non e .
Council Member Weber.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1979 __ _
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BY AUTHORIT'(
COUNCIL BILL NO . 29
INTRODUCED BY
COUNCILMAN SMITH
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Jun e 4, 1979
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A BILL FOR
AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT-OF-
WAY IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST
OF BLOCKS lAND 2, OF YEAGER'S SUBDI VISION OF BLOCK 4, VERONA PLACE,
ARAPAHOE COUNTY , COL ORADO.
COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 29 ON
FIRST READING. Councilman Harper seconded the motion .
Council discussed at length vacati ng th e land a nd the
circumstances behind the recommendation from st aff to vacate the property.
Upon a call o f the roll, the vote resulted as follows:
Ayes :
Nays:
Absent :
Council Memb ers Smith, Har per, Clayton,
Mann, Will iams,. Taylor.
None .
Council Member Web r .
Th e Mayor dec la r d h mo ion ca rr i d .
ORDINANCE NO .
SERIES OF 1979--
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BY A THO ITY
A BILL FO
COUNCIL BI LL NO. 2 8
I TRODUCED BY
COUNCIL MAN MANN
AN ORDINANCE APPRO VING AN AGR EE MENT TO STUDY METHO DS TO UTILIZE
CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSI ON VIEJ O AND APPROVE
THE GRANTING OF AN OP TION TO PURCHASE CITY OF ENGLEWOOD EXCESS
RAW WATER BY MISSION VIEJO COMPANY .
City Attorney Berardini noted the following correct i ons to the bill:
l. In Section 1, Paragraph A -Change Exhibit A to
Exhi bit 1
2 . In Section 1, Paragra ph B, second line -Insert
"up to" a f ter ($100,000) .
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June 4, 1979
Page 12
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3. In Section 1, Paragra ph C-Change November 7,
to November 2 .
4. In Section 2 -Change Exhibit A to Exhibit 1
COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 28 ON FINAL
READING . Councilman Williams seconded the motion.
Councilman Mann ask ed f or cla.rification of th e third
paragraph reciting Section 124, Article XIII, of the Englewood
Home Rule Charter. Mr. Mann stated he was under the i mpression
that the sale of water had to be put to a vote of the people .
City Attorney Berardini stated the sale of water ri g ht s
must be voted upon by the people . This transaction is the leasing
sale of surplus raw water not the right to the wat er .
Mayor Taylor ask~d if the bill contained safety clauses
wherein Englewood has first priority t o th e water in cases of emer -
gency .
Coun c ilman S mith stated such clauses are provided
fo r in Section 124, Article XIII, cited in the bill .·
City Attorney Berardini stated such langua ge is al so
specifically outlined in Paragraph .F of the bill.
Ma yor T ayl o r asked the representative from Mission Viejo
to appear b efor e Council and state how much water the developmen t
would like to lease once the project is compl e te .
Mr. Meno Wilhelms, Dir ecto r of Municipal Services in
Government, fo r the Mission Viejo Company a ppeared befor e Council .
Mr. Wilhelms stated the estimates var y depending on how cons e rva -
tively the water is used . The r ep ort submitted to Douglas County
indicates that with conservation, total needs would be betwee n
16,0 00 -20,000 acre feet for the total developm e nt of the project.
The ground water at the ranch along with presently-owned water
rights could probably serve the ranch; however, depending on how
people use water, they would .probably want app r oximately 25% of
what they are buying now.
Mayor Taylor stat ed Co u ncLl has drawn criticism f rom
selling the water. People ha ve s ~ated they do not want t h is
much population around and by selling the water Council has caused
Mission Viej o to develop the area . Mayor Taylor stated h is r e but -
tal has been the area is going to be built up some day anyway, and
it is a lot better to have a plann ~d development out there like
Mission Viejo than i ncongruous developments .
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June 4, 1979
Page 13
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Mr. Wilhelms stated tne whole concept of their plan has
been a recognition of what is the best type of development for an
area. Where there has been projected growth, his company has at-
tempted to provide a facility in a manner that negates contemporary
problems. Mr. Wilhelms stated he hopes this development will be a
model satellite type of new community.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent :
Council Members Smith, Harper, Clayton,
Mann, Williams, Taylor.
None,
Council Member Weber.
The Mayor declared the motion carried.
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City Manager McCown presented a memorandum from the Pi-
rector of Engineering Serv~ces to the City Manager in response to
questions on Paving District #23 and Paving District #25
assessments.
Counail ag~eed there were no change~ to be made to the
assessing ordinance on Paving District #23.
Director of Public Works Waggoner appeared before Council
and discussed possible amendments to the assessing ordinance on
Paving District #25. Directon Waggoner recommended that the City
ad j ust the assessments for Philip and Marlys Grimm, 1920 West
Cornell Avenue by $1,300.32; and for Tatewell Enterprises, 3028
South Fox by $73.76.
COUNCILMAN CLAYTON MOVED TO MAKE THE FOLLOWING ADJUSTMENTS
TO THE ASSESSMENTS FOR: PHILIP AND MARLYS GRIMM, 1920 WEST CORNELL
AVENUE FROM $3 ,731.09 TO $2,430.77; TATEWELL ENTERPRISES, 3028
SOUTH FOX STREET FROM $751.51 TO $677.75 ; AND TO CHANGE THE COSTS
TO THE CITY OF ENGLEWOOD TO $236,275.73 AND ASSESSED COSTS TO
$663,293.03. Councilman Mann seconded the motion.
Councilman Clayton discussed the problems that were
brought forth by the residents of 4500 South Pearl Street. Mr.
Clayton stated he wanted to assure the people that Council has
talked to the City staff and they are holding the retainage f e e
f rom t he contractor until all repairs have been made.
Director Waggoner stated the reply letters to each com-
plaint were being held in abeyance pending Cquncil's decision
whether or not there were additional amendments •
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June 4, 1979
Page 14
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Upon a call of the roll, t h e vote r e sulted as follows:
Ayes :
Nays :
Absent :
Council Member Smith, Harper, Cl ayton ,
Mann, Williams, Taylo r.
None.
Council Memb er Weber.
The Mayor declared che motion carried .
Councilman Mann discussed his concerns relative to the
assessing methods used by the City; particu la rly, the costs assessed
to residents living in an industrial area or on a street that has
been designated as a truck route.
Director Waggoner explained the procedures by which the
City assesses certain types of work done in a paving district in
accordance to desi g nated streets.
Councilman Mann request e d a study be done on the assess-
ing methods used by the City and whether or not some streets should
be designated as truck routes or otherwise.
Councilman Clayton tequested the City Attorney to pre-
pare the necessary amendments to an ordinance requiring first
notices of a paving district to be sent out by certified mail or
another type of mail that will provide for a return rece i pt. He
stated he made the suggestion since so many people stated they had not received first notices.
Councilman Smith discussed the expense involved in
sending notices by certified mail a nd suggested that the costs
be examined prior to making any amendments to ordin a nces. Mr.
Smith stated most mail gets r eceived and it may not be worth-
whi le to go to th e time and expense of sending it out certified .
Mayor Taylor stated the matter should be d is cussed in a study session.
Director Waggoner stated the City had only two notices
on Pearl Street returned to them by the post office .
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City Manager McCown announced the dedication of the Sin-
clair Bath House would be Sunday, Jun e lOth, at 1:00 p.m. and that
there would be free swimming fo llowing the ceremony until 4 :00 p.m.
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June 4, 1979
Page 15
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There was no further business to be discussed.
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MEETING. COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COU NCIL
Mayor Taylor adjourned the meeting without a vote at 10:50 p.m.
~ 2 2 ~ <'~ df\J(!;ce ?{ ~, Qeputy City Clerk 1/
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ROLL CALL
,. ed s ded ov econ
~e ~ s n sen Wi 11 iam.<: j_
..weber l 2._ml_!(l
A Ab t N Ab taf
.lim!!tl:._ I ....-ClaLtOn
...!.. ....1:::::: Mann I J
_Mayor fal.'EU j_
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ROLL CALL
Moved Sec d d on e Aye
William!> v Nav Abstain Absent
v WPhPr v ~mlt n ~
Harn~ -./
Clavton .... v Mann v
lfayor ~c u y/
l '
C:
0
I
•
/
• I .
• •
• -
• •
ROLL CALL
I a-~Jc· ~.-o.,~
Hoved Second d e Aye Nav >< Williams Abstafn Absent
lol~ .. -V'
X v Sm1t r.
Harntt_-
v .,
Clavton -
Man n ~ 1.fayoria'0 cr _, __ v
1J CYfv l-<--V
c;4-v,J fA__ .J ~1~~~
c
/. I A\.{ o~ ~w1 C<A YVA ·'f' r. uv I I , I ~C.-
____,_---
~--~?.,/ v ,2,
,J~~ ,A, !v
•
• I . •
• •
•
• •
._,
ROLL CALL
7: Oo p v1/\.
Hovl!d Seconded v Williams
Avr-. Nav Abstain Absent
1.1~~ / / smar. y
Harn~ / Cl avton
Mann V' ./
""P."ayor T~y_'E U I
I . •
•
•
• •
ROLL CALL
~73oP~
'
lrw.l'i-
Moved Secon_ded ~e Nay Abstain Absent ../ Wi 11 iams _X X_ Weber ~ Smitn ..:£... _ljitll)~r _y
Clii.Yton _V" Mann I _v'
_!i_ayor faY.: r.r _y'_
J ot+IV ' ~t. L--
IDfltrr) ~ PJM+
I .
• •
•
• •
ROLL CALL
Moved Sec d d on e Aye Nav Abstain Absent
Williams
Wahp r
smnr.
Har o ~
Clavton
Mann I
--p,ayor Ta y~ r.r ·
qolf-}>.,_d.'? ~ {· '¥z_ ~
d.;[, 0v.-j_. ~ \_, ,-'i/1 I• ' tU! l< ,,:__ ',;;; ,_ t .,,( ~ d{ :3-~
~~w.-t ~ M-<-V +r,._ ~ V'-"'J 1-1 ~':, :·
It~~-!J'Yf~ w-L-L-f cyf(-' b ~ ~ . u..J;-1 '2.--
(IJ ( ~/
~.A d 1 f A wtf f-.
' I ''/"' C ;-c_ <Jc;" ~
l
,vi w':: -t ~-I . •
I 'f (.,._A "-<. -I I
•
-
•
•
•
• •
RO LL CA LL
Moved Sec d d on e Aye
Wi 11 iams Nav Absta fn Absent -Wo>h"r
5mi t n
H arn~
Clavton
Mann
lT.a yor Taj~r.r j
rAA { ~v.-~~' v-_,v, fo-'-S-u.:l+,;--
{--y /v.J. .
-----------{1 l ",_!v~ /~
~;;,& c rs
r~"l<--
" [
•
--
I
• -
• •
ROL L CA LL
Moved Seconde d
Wi 11 iam$
~e Nav Abstain Absent
Wo>ho>r
-~m1 r.
H a r n ~
Clavton
Mann I
"""Rayor T~~~ EU
IJ?J; ~ , ''
,/ v
( .
• I .
•
•
•
,. •
ROLL CALL
Hoved Seconde d
Wil1iams Aye Nav
WPhPr
:>mn r.
Haro.~
Clavton
Mann
Mayor ~E U
~l· ~~~
c,.. T\.M (
""'( t/1"-" r.
.otN!
J
Ah·p ~ ; ~{'v ~ (t ~ "',-1
•
Abstafn
fJu
( ·I .r )
<.h
Absent
I •
-
0
•
•
•
• •
ROLL CALL
Hoved s d d econ e Aye Nav
] JOv I
I' t't-1 1'
I
Williams
Wo>hor
--s-m1 t n
Hqro~
Clayton
Mann
Mayor Ta_;~EU
t ~A< k ~-< ~ ;.. f_ V -
'!.A:-~ l c fi;V""..--~:..'i..
Abstain Absent
I •
-
0
•
•
Hoved
--.,......
(
r-' ,)
Second d e
y'
Wi 11 iams -WPhPr
:>m1tn
H are~
Clavton
Mann
•
• •
ROLL CALL
I~
Ave Nav Abstain Absent
./
v v
i/
v
1/
Mayor Ta ;,~'EU v
.,I I • I "'J J ( 1L f I ~,v--
/A { I
I '. ·""""
~AA~· 'j • /J I ,.,c.-,;_ /;..,.._,.~~........_. ... L
;.-,~~ t .._ l-1 c!A-~
) ~ J,/
I . .
• -
• •
ROLL CALL
I i/
p L-'Ui"'~: /, IL. /
Hoved Seconded
-t '
WilHam!; ~e Nay Abstafn Absent .L _<:!; Jleb;;-~ .2< __5m7t r. y
..&rott_ _V Clayton
v Mann _j_ v'
. Mayor iaz:..9U _y
• I . •
• •
•
• •
ROLL CALL
s d Moved econ ed e Na.y Abstain bsent Williams
A A
Jt» ~eber
~mlt n
Mr:Dtt._
./ C 1 ill'_ ton
_II" Mann _L l Mayor Ta'i'E!:._l _I
I . .
•
Moved
y
d.
I
•
/
Seconde d
/
y
•
• •
ROLL CALL
Williams Aye Nav Abstain Absent -r'
IJ<>h<>r _/ ::.mn n v
Harott__
Clayton v
Mann 1 v X
Mayor T~~ G!:._L v
Tr {lv f, t_
I
r .~ V-"' v
I . .
•
•
• •
ROLL CALL
k ~ ~~ t.. ex ·~ J ~
Ia ~ ~ J-~-( ~q'i oved econded ~e Nay Absta fn Absent K:::: Will111ms ,/ y
_WebPr /
_:lmlt n ,f'
_Hqn,er ,f'
Cl~ton v Mann 1 _../ _Mayor Ta_i0 _::r · ./
I . .
•
• -
• •
ROLL CALL
Hoved S d d econ e
~e Nay Absta fn Absent 5 Williams /
A
..-WebE>;;-/
_Sm1t n ~ Haro!tl:_ ~
L Cl~ton
y _X
Mann _1 ~
Mayor T a·~'.E U _/
~-I
\;·~
•
• I . •
•
•
• •
ROLL CALL
Hoved Seconded
~ Wi l11a m$ \ye/ N~ Abstain Absent _t'_ w .. ., .... V/
~ :smn n .~
H<U:D.!!!:_
Clayton ~ ..--/ ... Mann _LX V.ayorTa~EU ~
A
~tn+ -
R,_ L-t .
11 -c-~ ,(
cr ttf '( _{
' l r 1 .
I . • \lu.M ,;;t-c;lr_ _. u<[( k ' · (
p fJ-fA'~--vt-"-'<--t f....-...
•
•
• •
ROLL CALL
Hoved S d d econ e ( ~e c!Y s a n sen J[i 11 iams r
L ...weber ,/ ..k:-~m1_t n ,/
A Ab t N Ab t 1
_H_an.er II"
Cli!,l'ton
..£._ Mann _L _£
l!_ayor ra-:::Er ~
I .
• •
•
• •
----·--------~-------
ROLL CALL
Hoved Seconded Ave Nay Abstain Absent Wi ll1ams /
.WPh;; 7 X' !lmitr. .? H~c~ ,/
Clavton
<" >?' Mann ,7
MayDr'la '£i.9r 7
I .
•
• -
• •
ROLL CAL L
Hoed s dd v econ e !te Nay sta n sent Wi 11 i aml: L ...web.er. ./
A Ab Ab
~ml_t n v v ~tt_ ..::::._
Clayton
_K_ .X Mann _L L.
_!i_ayor T<~y-~u_ ~
•
• I . •
•
• -
• •
~------------
ROLL CALL
Hoved Seco~d ~e N~ Abstafn Absent ~ Williams ~ Jteb.e.r:_ v
2_m!_Yl X. __H<U:Q~r ~ ...::. ..L Cl i!tton
~ JL_ Mann j_ _.,.
_!i_ayor r~~r L
• I .
• •
•
• •
----·------~~~~=----~·
ROLL CALL
Hoved s d econ ed Aye Wi11iam 5 --Nav Abstafn Absent
w .. t .. •r mar.
Haro~-
Clavton
Mann I Mayor 1<0i:E!:._L
r ~ ~ ,r~~{ 1-k« ~
fl.(::. . Clt 6A ~--);'-i'Q~~J55:::.!i~:f.' ~c!'4t~6~9$4S'~'4"';iJ •ui'::l:i~~~
I lJ t (t.P
L r
Q ~~,c 0 r ~ 1/Jj_ &,_,r,_ 4-L ~·-
'fl)f({r,. ~ !.;<;~
I .
J (/\1\.A-rcJJ r t/
I' t.' ~ lj A -
•
•
• •
""'""'._{ f ,. z... uv RO LL CAL L
J H' c--r: u ·U.i
~ur '( l!&k..-r;L ilte..L ~ b4
Hoved Seconded
~ Wi lli am.c; ~e Nav Abstain Absent _./
~l'bf'!r v :::.m 1t n v Haro !!r_ v
X Clay t on
Mann .l. v X
Y.a yor TaY.: G!:_J_ _._,/
I . .
• •
• -
• •
.[ __
ROLL CALL
~
1-' -> r '-'-"1.-
HOVed Seco d d n e Ave William!' Nay Abstafn Absent ..>(" w;;;;-.. ,.
X v Sm1tr. v Harnl!L
Cl a vton v
Mann I v lfayor Ta·"0 c.r:_j_ v
' ·t·~.-r:
ct
I . • •
• •
[ ____ _
Moved Seco d d n e
_--t'
)('
•
•
• •
RO LL CA LL
' c_-{ C'{ fL 'I Jk;, '-'
;}
Wi 11iam!:
Aye
u .. h..,:~ --
Sm1tr. ./
Ha rnJrr ~
Clavton
Ma nn _L
Y.ayor Ta f::_Er 1
Nav
v
,/
v
t/
•
Absta fn Absent
/
I . •
•
• •
ROLL CALL
Moved s
I
econded
I Willfams
Ave Nav Abstain Absent
!lmit n
Haro~-
Clavton
Mann "'""""·
lT.ayor la~_E r f-
l
rf:A.-JJ .-, I
( -w~c, 'vv ''
/ 4 'W/ IW a. 1 ( It I (J ( /t-H tt • t 1
I ttl I I •
(! ( I I• (
f~t .t-1 ~ l 1 .',£l~ ~
17 ~11 l• &-
• •
• -
• •
ROLL CALL
Moved Seco d d n e Aye Nay Hi 11iams Abstain Absent
I.J<>htn•
::.ma n
Haro~
Clavton
Mann
Y.a yor T~y_)EU
{A I-
• I .
• •
-
•
•
•
• •
i A
POST OFFICE BOX 1821 I FAYE TT EV IL LE . NORTH CAROLINA 28302
INTRODUCTION TO SPONSOR
This letter is to introduce Miss __,K..._A,_.Y...___,B~O,_,H'"'L=I"-'N-=G----------------
who has been selected to be a Finalist in the State Finals of the Miss United Teenager Pageant.
The Miss United Teenager Pageant is designed to recog nize and honor outstanding young ladies
from their respective communities for Civic and Scholast ic achievements . The Sponsor makes
possible the participat ion in this constructive program of the young lady bear ing th is letter. This
fine program w ill help develop the youth of your Commun ity, State and Nation and w ill help them
become outstanding citizens of the future.
All State Contestants are housed for the Pageant with meals included. Trophies are awarded the
five top contestants, Miss Congeniality, Miss Photogen ic , Citizenship winner and the "My Coun -
try " Essay winner. Scholarships and other prizes are awarded. Your sponsorship also helps defray
the cost of crown, trophy, banner, Emcee, Organist and all expenses Incurred in the producing of the State Pageant.
The winner of the State Pageant receives an all-expense paid trip to the National Pageant, a three
phase pageant, in Washington, D. C.; Hollywood, California and Honolulu, Hawa ii.
Your organization will be advertised in the State Program in the caption under one photograph of
the young lady you sponsor. You will also be recognized as she Is Introduced the night of the
Pageant. If she is chosen as the State Queen , you will receive credits throughout the year of her
reign on the State leve l. You will be listed i n the Official Program of the National Pageant , and
should she win the National Pageant , you w i ll also receive credits for the year on the same basis .
Sponsors will be presented a Cert i f icate of Recogn ition . A complimentary ticket will be presented
to the Sponsor at the Pageant.
Checks should be made payable to the Miss United Teenager Pageant.
We thank you for your participation and support of the Miss United Teenager Pageant.
Sincerely,
.5:-<C'·I'Y..-,<) Sn-:o~
Susan Smith
State Co-ordinator
•
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•
•
APPLICANT:
•
• •
COUNCIL ACTIO N REQUEST
LIQUOR AJ~D 3.2 BEER OUTLETS
Jack Field, Inc.
701 West Hampden Avenue
(Cinder Alley -Cinderella City)
TYPE OF ACTION REQUEST ED:
Application for Hotel/Restaurant Liquor License
POLI CE AND FBI REPORTS:
N/A
PREVIOUS CITY COUNCIL AC TIONS DURING PRIOR TWO YEARs,
EXCLUDING ANNUAL RENEWAL:
CITY ATTORNEY'S REVIEW :
N/A
COMMENTS:
The purpose of this appearance is to set the public hearing
date, establish the petitioning boundaries, answer any questions .
•
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•
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.. -
UUI"'UI Wf'tllt: 1/11 INI :l .l,.J~(.t:
STATE OF COLORADO
DEPARTMENT OF REVENUE
APPLICATION FOR A LIQUOR LICENSE
(his applica tion must bt filed with tht Colorado Liquor Enforce Division, Stott OJpltol Anntx
Bu/ldmg, 1375 Shtrmon Strttt, De n ver, Colorado 80261 , ttltphont (3 03) 819-3741 . No ltetnst
will bt gronttd until tht oppl/co tlon has bun opprovtd by tht Lo.l Lloe,..lng Authority .
IMPORTANT: CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE (SJ BEING
APPLI ED FOR . THIS IS AN ORIGINAL APPLICATION AND A COPY MUST BE KEPT IN
YOUR FILES FOR REFERENCE WHEN APPLYING FOR RENEWAL L ICENSES .
0 RETAIL LIQUOR STORE LICENSE -City
0 RETAIL LIQUOR STORE LICE NSE -County
0 LIQUOR LICENSED DRUG STORE -C ity
0 LIQUOR LICENSED DRUG STORE -County
0 BEER o!1o WINE LICENSE -City
0 BEER a. W I NE LICENSE-County
0 CLUB LICENSE
ilJ HOTE L & REST A URANT LIC.-C ity 81 County D TAVERN LICENSE -City 6 County
0 RACE T RACK LICENSE
0 LIMITED WINEI'IY LICENSE
0 WINE,.Y LICENSE (10,000 Bond R~u ir ed)
0 WHOLESALE BEER LICENSE •
0 WHOLESALE LIQUOR LI C . ($10,000 Bond R~ulr •d )
0 DISTILLERY LICENSE ($10,000 Bond ReQu ired )
0 RECTIFIER LICENSE (110,000 Bond R•qu lred)
0 IMPDRTEI'I 'S LICENSE
0 BREWERY (IEER I LICENSE
0 PUBLIC TAANSPOF'TATION LICENSE each .
s 25.00 s 250 00
s 500.00
$1000.00
$1000 00
$1000 00
s 250.00
s 250 00
$ 25 .00
0 ARTS LICENSE
1177.00
$282.50
$177.80
U82.80
1152.80
$237 .50
$110.00
$301.28
$301 .25
$301 .25
$110.00 •Moy Requir ~ Bond
The undersigned hereby makes application for a state license as Indicated above, under the provisions of Ti tle 12, Article 47, CRS
1973 as amended, and for that purpose mok~s the following answers to the questions contained in this application. Every applicable
question must be answered. Any false answer or statement mode by the applicant constitutes perjury and the person making such
false statement subjects any license issued herein to revocation.
ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN
Social Security N o . ------------
1 . Name of Applicant lsi : ......;:J;..,a;;;;.;;.c_k......;:F_l.;.., . ..;;e..;;l;..,d;..:.., ......;:I;..,n.;;,c.:;..,:,. __________________________ _
2. Trade Name : Bus i ness Telf!>hOne : 212/489-8200
3 . Address of piece to blllicented: (E xoct Locotlon of prt m lsts must bt glvtn , G ive street and number, where poaible. If place to be licenMd
is located in a town or rural district where it is impoaible to give street and number, the lot and block number or part of section where lo~
cated must be given : Cinderella City, Cinder Alley Location No. E-1249
701 West Hampden Avenue
4 . City or town: .... E,.n~.~o,~;~to.1o~o..~;e;.~w!l'o..u.oLJd.._ _________ zip Code : _____ county · Arapahoe Colo.
Ma ili ng Address : _.6.._.5__,W.,e....,s ... t_ ... s_s ... t_.h...._ .. s ... t ....... r_.e,..e"-'-t..,,_N-e,.w.__.y .... a ... r._k..._,,_N_e,.w._ ... y .... a..,r._..k _______ Z iP code: 1 0 01 9
5 . Do you haw leg~l ~ion of the premi .. for which this eppl icatlon for license is made? 6i VES 0 NO
6 . Art the l)t'omi-0 OWNED 1111 RENT£0 1 If rented, from whom : Capita 1 All jan ce Corp
7 . Is applicant(s) or ell offiCirt of the corporation citizen($) of the United States? Qa VES 0 NO
If answer Is no, give AUen•s Reg istration Card No.
8 . Is the applicant, or any of tht partners or oft i cer~st ockh alden or directors of said applicant (if a corporation) or employees of any such
under th e age of twenty-one years? 0 VIS ~ N O
9 . Has t he applie~nt, or anv of the .-nnert or officers, stockholders or d irectors of said appl ican t lif a corporation) eve r been convicted of a
cr ime In tho sttte of Colorado CK el-oro1 0 YES IKI NO
If answer is yn,state full detllllt: --------------------------------------
10. Has the epplicant, or any of the partners or officers, directors or stockholders of said appl ican t (•f a corporation) eve r :
lol been den ied e llctnse undor this liquor low1 0 YES Kl NO
(bl htd on elcohol ic bovorogolicenst suS~>en ded or rovoked1 0 VES l1!l NO
If answer it yes, explein (attach uparate lhetlt 1f nece uary): -----------------------------
11 . Are thew premiMI now llcened under the State Liquor Law or Bee r Code? 0 VE:S 29 NO
If answer it VII, to whom is the license issued?
Suoto License No •
• •
I • •
-•
• -
12 Do you haw a Coloredo State Sales: Tu. Account? 0 VES ~N O If answer 11 yes, giVe Account No .
1 3 . Do you or any memben of your family have a financial tn te.-est tn any Other hQU Of hcenM7 0 YES fm NO
(Such tntwest may tnclude any equity interest or loan.)
14.
If the answer is yes, txp l•in in detail :
If the answer'' yes, state the names, addreu and amount of such ftnancta l tnterest expressed either '"dollars or other items of value, ft.lc h as tn vt~n·
tory , furniture , fnctures end equipment . (Use separete sheet tf necessary)
15. List the names and addre~~es of all businesses in which any of the persons in the previous question are in terested. (Use seowate sheet tf necenarv I·
Nomr Bus;n ess Address
See Separate Attachment
16. A re thete premiMtlocated Wtthin 500 feet of any premises occupted by a publlc or paroch ial school , or the princiJ)III campus of any college, lmwer
sity or semmary? 0 VES [} NO
II answer is yes, explain : ------------------------------------------
17. Do you ha¥e 1 Drug Store License itwed bV the Colorado State Board of Pharmacy? 0 YES ~ NO License No.
18. Are you or do you employ 1 Registered Pharmacist in the State of Colorado? 0 VES ia NO If yes, give License No.
19. IF T HE APPLICANT IS AN INDIVIDUAL. ANSW ER THE FOLLOWING :
(a ) Give the name, address (including city land date of birth of the applica nt :
Nom e of Applicant Ho m ~ A ddrtss & Ci t y
(b) If manager of the busi'l'!S'!' •I not the apolicant, answer rhe followmg :
Nome of Manager H ome Address & C1 ty
20. IF THE APPLICANT IS A PARTNERSHIP, ANSWER THE FOLLOWING :
(a) Gi¥e thtNme, address (including city) and date of birth o f each partner (use ~rat e sheet if necessary):
Namt 6f Portner Hom e A ddress & Ciry
(b) Give the name, addreu (including city) and date of b1rth of the manager :
Namt of Manager H o m e Address & City
(c) When did said pertnership (eJCcept husband and w ife partnership) commence do1ng business?
(Submit a copy of the partnenh•p agreement with, th•s application.)
21 . IF THE APPLICANT IS A CORPORATION, ANSWER THE FOllOWING :
Dote of Birth
()ott of Blrth
Dote of Birth
Dote of Bl rth
(al CO<P<>flloon,. orgon iz ed under the laws ol the State of Colorado Date : _4::t.L/...,l.lo!QJ../....L7_..9:.._ ___ _
(bl Pr incipal business is conducted at See above . County of . Suote of --------
lei Dataoff olonglastonnuelcorpontereporttotheSecretaryofStata :New corp. -none filed yet
(d) Li st the name, home address llncl udmg city~ and date of birth for each of rhe off1cers ltsted below :
Nome o f Offlctr Dote of Birth /f.O(l!~Alress .S. City d lu~ . cross Roa "'"'""n" _,Jc.::a:..::C::.ok:......oA.:.;.'--'P._e:::.n=f.:::i.:::e..:l"'d:.._ __ ..;;So-~t;.;aiiiiAR.Ii<9~I"104r.lT, ~C~e'ilR~Rho--<OE*!-699-80~4.------_..;:4"-'/-'2""6"-/.._3...:.1 __ _
Vlce.Preslelenl :
4/26/31 Treasurer 1 Jack A Penfield
2 Peter Cooper Road
New York , New York teete 11/24/17 secretary : Edith Michael son
~nager :
• •
I • •
0
•
• •
' . j ~(e) ' List all stockholders ownmg Of' controlli ng the capital stock of the corporatiOn tnelude actual ow ner or pledgee .
tContinue on separate sh eet 1f necHsarv .)
22
Nome of St oclfholdtr
Jack A. Penfield
(II List all dtrecton i n the corporation .
Nome of Direcror
Jack A. Penfie ld
Edith Michaelson
Doris Marie Hubert
Ho m~ A ddress & City
Same as above
(Conttnue on separate sheet ef neceuarv )
Home .Address & Cit y
Same as above
Same as above
~St ock
100%
When did you purchase Of' stan operating t hiS bustness? Data : 4/9/79 (pre-j n corpor II ti on
11 purchosed, from .M>oml Capital Alliance Corp ,
Do te of Burn
Same a s aLove
Dou of 8 1f t h
Sa me ;;u: a bo ve
Sa me as a bove
ll-13-31
agreewent )
23. Give the names of three responsible charecter references who can vouch for vour Qualtf•cattol'ls and desirebdny as a licensed operator , sh ow .ng the
number of yean you have 'c:nown each .
Nome~ o f !leferenu Addreu (mclude city, stalt and zip) No . Yrors Ano'*n
·see ~~ taclllilent
. _ ... -
24 .
I • ~ . • <<;;
List below your businMS or employ ment record for the pau ....,.e veer~ (U'-B separate shHt if necenary .l
Firm Nome & Address Your Posi t ion Dott Employed
See Attachment
IF THIS APP LICATION I S FO R A CLUB LIQUOR LICENSE , ANSWER QUESTIONS :IIi THROUGH 3a.
\club means 1 corporation whtch has been tncorporated for not leu than f tve yean. and wh ich has had a mem bership that has patd d ues for a pertod of at
tNSt f ive years, end which , fo r f ive yNrl, hes been the owner.lessee, or occu pant of an establi shment operated solely for objects of national , social, fraternal ,
Pl1rtotic, poli tical or ethlettc nature, but not for pecuntarv ga in, end the propertv , 11 welles the advantages of Which belong to members. Alto. 1 cl ub mav
be a corporation which is 1 regulerly chartered branch or lodge or chapter of a national orgenization, wh ich has operated solely for the objects of a petnottc
or fraternal orgenization or socie ty , but not for pecuni ary ga in .
25. State the nemes and rnldences of p ri ncipal officers of said appl ica nt together w ith the office held of satd person1:
Na m e of Officer Home Addres s & City Office Do te of Birth
MANAGER
26. State the nemes and residences of the d.rectors or trustees of said applicant org~nizat io n . fUse sep.aratelheet If necauery .)
27 .
28.
29 .
30.
.. 1 .
32.
•
Nome of Dlrtctorf Trustee Home Address & City Dote of 81fth
Is the applicant organization operated solely fo r a national, soctal , fraternal, patnotlc, polit•cal or athletic purpose and n o t for pecun~a ry ga•n?
0 VES 0 NO
State whether members of u id club or assoc•ation a re elected at regular meettngs of members or bY the board of d irectors or othe r governing body
or tn what manner members are so elected ·
State whether an initiation fee is paid to secure membersh•P tn sa•d club and the amount thereof:----------------
State the annual dues or fees payable by members of uid club for such m embersh•P · ---------------------
How long has applicant occupied prem•ses to be licensed as 1 clt.Jb7
Does eny d istillery, brewer or b rewery , w inery or whole sahtr have eny direct o r tndtrect flnanctel In tent tn the business for whic h this application
for license 11 made? 0 YES D NO
If answer Is ye1 , u:pla~n :
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IF THE API'LICANT IS A MANUFACT\JRER OR WHOLESALER, ANSWER QUESTIONS 33 TH ROUGH 39.
33. Stnce what date has epphant occuped ~•m•ses to be hcensed?
34. Does appltQnt own, le ... Of operate any werehouM or storage plent ,,.. c:onnecuon wuh tU business? 0 vEs 0 NO
6 . Does the IK>Phcant (or any of the JMrtners, offlc:::en , d irecton or ttockholden of u id applicant.) haw any d.rec:t or lnchrec1 f ~twn cLal tnttfett 10 th e
business of sell ing malt, vinous or ,plritous liQuor at reuil1 0 VES 0 NO
36 . oa.t; the apphcent (or anv ot the pertnen , offic.n , d~rac:ton or stockholders of sa•d applicant ) have any tnteren '" env other w merv bre~ry,
dtsttllery o r any ,..tat! liquor esubli&hl'ftrlnt1 0 VE$ 0 NC Do any of thern own , tuther dtrectly or lndtr-Kt l , '"~ole or'" pen , the
premtset to be occupied by the appltcam or any of the f ixtures? 0 VES 0 NO
37.
If answer is yes, gtw deqils:
38. To what Coloredo "'"oteuter do yctu tntend to stup your merchandtH7
39. Are you the prirniWY source of supply in the U.S .? 0 VES 0 NO
AFFIDAVIT
(This· off/davit Is to M 1/gned and oclmowltdged bylnd1viduol, tach member of portnenhip and by corporation applicants.)
STATE OF COLORADO
Arapahoe ss .
County of
Jack A. Penfield
being by mo flrot duly sworn ,lf lor h imsell , deposes and 10ys: that he Is the opplicantabow named. or thot he ;, (cit/e) President
of the above named corporation; that he has read the foregoing appli cation and that he ltnows the contents thereof , and that all matters and thing• therem
tet forth are true of his own knowledge and ha •"' to conform to all rules and regulations promulgated by the State Department of Revenue '" connec·
·on therewith.
Subscribed ond sworn to before mt
this -~dc;..o.~.:.f1._.f..__ __ clay of
tl!f¥ 19 Tl <s '~L~~
_AT~H~-":L
, ...J--
My Commission t Kp/res :
Qdcha a~ t?fo
lndwiduols -1111 ,_._. of pon~ips muot sign hare:
Corporations sign here : (CO R PORATE SEAL)
BY ·
REPORT AND APPROVAL OF C L LICENSING AUTHORITY
(Monu facrurtr!, wholtso/us, importers and pubhc transpor tation systtms dlsrl!gard t his section.)
The foregoing application has been eummed and the premi»es, business conducted and character of the appl•cant is satisfactory , and we do re pon that such
license, if granted, will meet the rusonable ntq u .remenu of the neighborhood end t he des~res of the mhebt tants, and complies Wtth the pro\l•s•ons of Tttle 12
Artoc le 47 , CAS 1973 os emended. THEREFORE THIS APPLICATION IS HEREBY APPROVED .
Dared at ChiS------day of ------------.A .D .19 --
AT: ------------------------------------------------------(Name of town , city and county)
BY · ------------------------------------------------------(M•yor, chlllrm•n o f bo11rd of county commlulon•rs or other tllle o f licensing authority .)
ATTEST ·~-----------------------~~-
(CI•rk, &oecratuy or oth•r officer h.avlng the o fficia l Mill ot th• licensing authority.)
(lf the premtset are located with an a town Of city , th e above approval should be stgned by the mayor and clerk ; tf In a county , then by the chauman of the
PiMr d 1f coUnty commiu•onen and the cl erk to t he board. If . by ord inance or otherw•se, the local llcensmg authority ''some other offtctal, then such ap-
,.... f/llfOIP '·-.old be gtvetl by JUch offte11l I ---.
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ATTACHMENT T JACK FIELD, I C .
LIQUOR LICENSE APPLICAT ION
Question 15 -Names and addresses of business in which Offic rs
and Directors of Jack Field, Inc. have an interest :
Jack A. Penfield
Thames Associates
65 \.Jest 55th Street
New York, New York 10019
D.T.B. Security Corp .
c/o Dynaflair, Inc.
330 Madison Avenue
New York, New York
Doris Harie Hubert
None
Edith Michaelson
None
Ques tion 23 -Character Re ferences:
Jack A. Penfield
William Alpert, 65 West 55th Street, New York,
New York 10019
Alvin Dworman, Olympic Tower, 645 5th Avenue,
New York, New York 10 02 2
Arnold Kimmel, 65 West 55th Street, New York ,
New York 10019
Doris Marie Hubert
Arthur Lief, Olympic Tower, 645 5th Avenue,
ew York, Ne\v York 10022
Allen Rule, 65 West 55th Street, New York,
New York 10019
Jack Sandburg , President Novelt y & Jewelry
Co., Inc., 104 West 29th Street, New York ,
New York 10018
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Question 23 -Char cter References, 'Ontinued
Edith Michaelson
Eliott Franklin, CPA, 1 32 Ocean Parkwa y,
Brooklyn, New York 11218
Stanley Hoch, D.D.S., l Han son Place,
Brooklyn, New York 11243
Samuel S. Perelson, CPA, 488 Madison
Avenue, New York, New York 10022
Question 24 -Employment History for pa st 15 years for
Officers and Directors
Jack A. Penfield
Arnico t1anagemen t Co.
65 West 55th Street
New York, New York
Baskin Robbins, Inc.
1201 S. Victory Blvd .
Burbank, California
Houghton Mifflin Co.
777 California Street
Palo Alto, California
Doris Mari Hubert
Amico Manag ement Co .
65 Wes 55th Stre t
New York, New York
President Novelty
Jewelry Co., Inc .
104 \-lest 29th Street
New York, New York
Blackburn Real ty
4903 George Road
Tampa, Florida
1975 -1979
1965 -1975
1963 -1966
Nov . 19 77 -Feb. 1979
April 1975 -Dec . 1976
1974 -1975
Fred Wittner Co. 1968 -1974
Third Avenue & 54th Street
New York, i~ew York
-2-
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Question 24 -Employment His tor)', cont inued
Doris Marie Hubert, continued
Unigraphic, Inc.
592 -5th Avenue
New York, New York
Ashe & Engelmore
Advertising Co.
375 Lexington Avenue
Hew York, New York
Edith Michaelson
Arnica Management Co.
65 West 55th Street
New York , New York
Royal Business Funds
Corporation
6 East 43rd Street
New York , New Yo rk
Frenkel & Co., Inc.
156 l~illi am Street
New York, New York
Famous Artists Schools ,
Inc.
Westport, Conne cticut
-3-
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1967 -1968
1964 -1967
Jan. 1977 -1979
Apr. 19 70 -June 1976
Mar. 1968 -Aug . 1969
Mar . 1962 -May 1967
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COUNCIL ACTION RE UEST
LI QUOR AN D 3 .2 BEER OUTLETS
APPLI CANT:
Colo rado Pizza Corporation
d/b/a Mr. Gatti's
2 25 E. Jefferson (Dry Creek Shopping Center)
TYPE OF ACTION REQUESTED:
App lication for 3.2 Beer -Service on Premise
POLICE AND FBI REP ORTS:
N/A
PREVIOUS CITY COUNCIL ACTIONS DURI NG PRI OR TWO YEARS,
EXCLUDING ANNUAL RENEWAL :
CITY ATTORNEY'S REVI EW:
N/A
c mn~NTS:
The purpose of this hearing i s to set a public hearing date,
establish petitioning boundaries, and answer any qu est ions .
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PLEA ~DO OT WRIT E IN THI ~ SPACE
DR L 403 I Rev. 9 /761
• STATE OF COLORADO
DEPARTMENT OF REVENU E
APPLICATION FOR 3 .2%
FERMENTED MALT BEVERAGE LICENSES
(RETAILERS, WHOLESALE RS OR MANUFACTURERS)
THIS APPLI CATION M UST BE FILED WITH THE COLOR ADO DEPARTMENT OF RE VENUE , TELEPHON E (303 ) 892-3H1, STATE
CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER , COLORADO 80203. NO LICENSE WILL BE GRANTED UNTIL
THE APPLICATION HAS BEEN APPROVED BY THE LOC AL LICENSING AUTHORITY.
IMPORTANT : CH ECK THE APPROPRIATE BOX FOR THE TY PE OF LICENS EISI BEING APPLIED FOR . THIS IS AN ORIGIN AL AP PLICA
TION AND A COPY MUST BE KEPT IN YOU R FILES FO R REFERENCE WHEN APP LYING FO R RENEWAL LICENSES
(lg RETAIL 3 2 % BE VER AGE LICENSE-IN CITY FEE $ 46 25
0 RETAIL 3 2 % BEV ER AGE LICENSE -IN COUNTY FEE $ 67 50
0 WHOLESALE 3 2 9b BEER LI CENSE' FEE $1 00 00
0 MANUFACTURER 'S 3 2% BEE R LICENSE' FEE $100 00
'MAY REQUIRE BOND
THE UNDERSIGNED HEREBY MAKES AP PLIC ATION FOR A STATE LICENSE AS INDICATED AB OVE , UNDER THE PROV I SIONS
OF TITLE 12, ART ICLE 46 , CAS 1973, AND FOR TH AT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON -
T AINED IN THIS APP LIC ATION . EVER Y APP LIC AB LE QUE STION MUST BE ANSWERED . ANY FALSE ANSW ER OR STATEM ENT
MADE BY TH E APP LICANT CONSTITUTES PERJURY AND THE PERSON MAKING SUCH FALS E STATEMENT SUBJECTS ANY
LICENSE ISSUED HERE I N TO REV OCATION
ALL ANSWER S MUST BE PR INTED IN INK 011 TYPEWRITTEN Socool Socunty No !U-'.::.~:..=..t.::tJQ.L __
Neme of AppHcent{s) __ _._c.._aul.._aur_,alJd.lla..._cP.J.i.<.z..t.z..caL.J.Col.OlJC..JQJJO.lLraa.l.t.J.i,_own'--.-----------------------
2 Tr~N_.. __ ~~-J~LL~~-----------------------------------
3 Addreuot pi~ to be llcenMd EX ACT LOC AT ION OF PREM ISES MUST 8E GIVEN Gtve at r .. t and n umber where poll'b If place to be lic.nMO 11loceted In e
town or rural diMrk:t wnere it 11 lmpotaible to g lv• ttreet and number the k>1 end Dlock number or pan of aection wnete kx::ated must De g iven
225 ~ast JefferseA Ave., ~R ~l~med 1 CQ 8Q 1 1Q
•. City or Town _.J:..~.il:w.I.IUI~-------------------· Coun ty Arap ahoe , Colorodo
Moiling Addr-Denye c CO Zip Co de ->.8lloOlloOLI~.:4L. _____ _
5 Ty~oiSu~~ --~~~~~LdliL~LL----------------------------------------------------------------
5 Oo you h.,... ~11 po ..... IOn o f the premi '" for which tnls applic .. tOn tot lic.nee Ia made? --¥1=----------------
7 Are thapreml .. owned orrented ? rpo1p d ltrented ,trom whom? lpansca I nve s tment Company
(o ) Ellective dote ol -5-1 0-79 (b) uplrotlon Dele ol Le-5-1 0-89
e. Under CAS 1973, 12-46-117 (TO BE FILLED IN BY RETAILERS ONLY)
<•WI The k>c aJ hcenalng authonty, baeo upon one of the toUow'"g clutJhc8lton s
IC)eC ified In the appllcattOn , 111'1111 restnct the uae of Mid llcenM to
(II) SaiM tor consumption oN the premiMt otthal i~nMe, or
(It I} Se• tor conaumpUon on tM premiiM of the llcenMe, or
(tv) Sa'-tor c:on.umption bOth on .nd oN the premtMt of the hcen ...
(v) The provl-'on• ot tnl a par.;rll$)h (1) II\ all not .,ply to anw llcenM INUed or
applied tor undet thle attic ._ prior 10 the efte<:'iw d•• of thla paragrllf)h ;nor to
env renewa l or rai..uanee ttl4H'tof
Effecuve date-July 1, 1967
Ch eck one .
0
a:J
0
I . II lfiPPi k:.nt(l) Or ell Offi<*'l Of the ~·too Cllll«tl l ) Ol the United SlaiH Of ••IMfiCI"f -..J'.l:'-"------------------
10. to _.,c.,la ,..,_. oltne SIOio ol CoiOrodo ? -.lf-"!.5...------------------------------
('· Will ~u ln•all end keep • 1 OOn l4)1cuoua pl ~ee on tM outah:Se of your M Ut.blllhrnent 1 a~gn with i«tera not ameller lhWI ten lncMa --*'· cont .. nlng the toUowlng
wordo 'ONLY 3.2'11. BEEII SOLO HERE"? (APPLI~S ONLY TO RET 1\J LERSJ
12. II eo , to wnom Ia the llc.nM l..u.d7
---------------------------------51·• u-.. No ----------
13 DO YOU H"VE A COLORADO STIITE S"l.ES TAX AC COUfo/T? YES I<) NO D IF YES , GIVE THE 'ACCOUfo/T NUMBER 84-07824 7
14. 11 lnY penon empk)y~G In M ltlng or dltOWieing of Fvmenttd Mah S.V.egw by eny of the t!PC)Iic.nte
In tho buol-l<r Wf>ICh lhlo -llcol lon •• m ~ undat tha ega ol otgnt-~? ______________ YM __ No _x__
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15 Haa the appli c..,t . or any ot the pattnera. or Ill" I of the otfJCt.•a .cock.nold6ts or (11,-ector t uf ea10 ~l•c.,t r.t 1111 a oorpcr•k>nl e~ bM-r'.
convicted of a c nme m thtt State ot Coi~.J odo 01 t!l:.t>Wt·ere?
If .o. •~• full detait. -------
----__ -----____ v .. __ No __
---------------
H5 Hu the apphc.,t or any ot the P-.rtn«~ or tnv o tt1oer a~rect or or atocknokSer ot Mid appl,c.,t (lt It It a corporat'On) ~
(a) been denied a license under the l1quor l aw of Colorado o r env other state? _v .. __ .., __ _
(b J had an ak:oholic beverage licenM au apended or revoked? --------------------v.. __ No __ _
It tne anawer Ia )'ft. explatn tully (aHICh M pwate lheet, 1f neonaatyJ
---------------
17 Does any menufacturer or wholesaler n we any chrect or indirect tin an ct al Jn t .,.-est in the bus•neaa
for which thla applicarlon for license is made? ·---------------------------v .. ___ No __ _
,e. Do yo u I'I I'Ye .ny fin~~nciat •nttttest directly or .ndueclly '" .,,. ous.neu angag8CI 1n the
manufacture or who lesali ng of Fermented Mah Beverag es? ------------------------Yoo __ No __ ,_
19 Are you rec.ivlng directly or inairec1ly any financi al &ssts1ance , eQu ipment flxturet ch attel1, decoret lons, or lurnill'llnga uMd In tn• .tor·
ing , h .,dllng , MI'V In g or dlap6nam g or food or F.rmet\ted Malt Beveragea wit '"the premi MI or an y 11ruc1ur ai change In 1M butldlng ,
except tJC terior signa, from .-.y m.-.ulacturer or wholesaler ot Fermented Mah BeveregH? YM __ ,.., __ _
20 Are ~u lnlerHted in any banking, lo.nlng or financing compan y? Yea _X __ No __ _
21 If the '-'ucont la on lndl.-""ower (a) (b)
(a)------:----------
Name Home Adaresa
If m111ager of the bualneu Ia not the appiiC Wit anawer (b)
Ct l y Date of Bi rth
(0 )
Name Home Address City Dele or Birth 22. If the -lic.nt Ia a CO ·-Ip, IMI"O<·(a ), (b), (C)
(a ) Name Home A.ddreu City Dlll.e ot ~rth
( (0) ----:c----cc:-:------
Nwne of Manager Ctty o.te ot Btnh
(c) W'hen d id uld P8'1ntH"II'Hp commence dOin g buatnesa and aubmrt • copy of pertnertnip eg reement7 ___ (fxcept nuabanCI .,d wife partn..-ltllp )
23 If the -llcont ia a -••ton anaw .. (e), (b ) (c) (d) (e) and (I)
(a ) Organized under th e lewa of the Stele otr _--l.UJ.UL<:W<L-___ , Dat e Noyemhe r ~J·~~--------(b) PTtnc ipel bua lneu Ia conducted 81 De aye r , County of A r a pa hop
(c) Date or filing last annual corporate report to the Secretary of St111 __ tuJunLllvc.e:~.mwh..ue=.r_.q._,,_._J 9::u.7._8._ _______________ _
, Slate of ___ C....,ou.l ... a,.r_.ao.Jru.ia.._ ___ _
(d )
Ed ward lee Me C leanahan
Wi I I iam M lamont
laho Nelson Oriel 1
Ri ta I Me C!ennahan
James V Elmore Vice Pres
Home Addreu Cit y O..e of Birth
Presi00111 50 14 Wooldridge Rd Corp115 Christi, IX 2 -20 -3 13
Vrco-P<Hident S 105 Sh adywoad Da I I as IX 12-I 7-M;
Treuurotl07 00 F Da r±rno"th E -203 D<>nver , CO "-13-52
Secreta!) 5014 Woo!drjdqp Rd > Carp us Cbrjstj , T._.,x __ _,_I.Ll=-'--1'-'-=-3-'6
XM._ll43f Stcai+ 'aoe , Dallas, n 5-30-20
(t.l lilt all IIOCkhOidera owning Of controllmg lht Cap1lal Stock of the Corpotlilllon (lhclude actuel owner or pledgee) Uee MOat ate ahMt If needeCI
lobo 0 Mq rchisoo
Home SlrHt
2 300 ~ir t National
Percent of Otll:e of Birth
ana Cuy Slock Owned Month, Dey , Year
~'--IL.Ae.to"''-"'"""c'-'C...Li '"e"'nu.n ... aOJhu.a=n--5 ... 0...._.1 .,4-~ ;l r i dcQ R;t
f;J g qk E:lilii:;Jing, Q,.ll iii , I< 50% <;l c, :Zl
(f) Li st all d1 recto1'1 of the corporatiOn Uae aeparete sheet ;f nMded
Name
W j I I jam M I d!Jb)O t 1 I C,'1
.James V Elmore I 1436
E lee Me Clennahan 5014
Home
"ad, h ! , I
rHt No and Cuy
=11 1 ~~;., Ix
Oat• of 81nh
Month, Dey , Valli
Woo I d r I d 1e "R.cd~...,,__;Cw..Gu.r_.pui.Li ~"-CL-Uhu.r·_,ic.:s,_t._.j ~_;TuX,_ ______ 2=--<2.L0~.:-:.3>J8"------
2•. When d id .,.ou purch .. or ltltt operMing thil buatnese? Date --.l.:::c±=-L~------------------------
( II purch&Md, !rom who m?--------
~... Gi ve the nll'ttMi of thrM r•100naible chat.Cter reference• who Cat' vouch for your que llfic.tlont ~nd deairabtllty • 1 !1t enlld OPI1MOr -'towing l.he numbet ot Y•••
you hwe known uch·
"A"
No of Yewe Known
Cily Stete No ot Ye.,. Knowt'l
Add reu Ci ty No of y..,. Known
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28. U81 be~ your buainn.a Of empk)ymenl recx>fd tor the put......, )•In
F''3r' Nlme Ad<St1rla Your Po .. t lon Oelo Emolo~
S FF EXH L ''-'"
IF ~E API'UCAHT IS A liiANUfACTUIIfll 011 WHOLUALfll, ANSWER QUESTIONS 27 THROUGH l2
'ZT . 91•• eince wh• dlllt apptlcent hM oecu~t>d premiMI to ~II MO -----------------------------
28 Stille whether J~PP Neent o wnt, -..... or o perlll" any ww.tlouM or Morege plent In ooonecuon ...,,, Ita bultin ... --------------
11 oo . Ololo full "-!olio ._gordlng ..,.,. ---------
21. Ooee .-.y of the .,pUcantt, or Wty ot the p.,nen or .,Y otflc.r, Olfeclor or llocl(holc»r of MlcS ~llcW~t , If It It a ooruor•lon , h.w lf\Y
d irect Of indirect ftnencf •l ~ ln the bUitinftl ot N lltng matt , ¥fnout 01 IPirttOUI li quor 81 ret.; I? __________ Voo --No ---
30. 00.. ... y penon or oomp~ny in W1 Y wey lnter .. ted In .ny othet winery, brewety or diatlllery o r WlY re!aiii!Quor ••eblilhment , own. ~the~"
d ir.ctly ex lndit'IICtty,ln W'hO .. or In p itt . the bul kjlng or preml ... to be occ upl.a by th e bu .. n ... or -"''t 'xture for whiCh tt\ tiiPQ II~Iof'l
tor llcen• It m.,.? YM __ No __ _
31 . eo.. an y own•, pettowMt, llherehoader or per.on In ~ny w.y l nt8fnted In WlY othef winery . brewef"Y , diltll*v or rt~taU llqUOf Mtabtlllh·
ment, herttllny d lrec:i or Ind irect flnancla llntereat In tne bulin ... tot .nlch th ia tiPI)ilcMkm tor '"*' .. Ia mecM 7 It to QJYe pen leu I.,.. YM __ No ---
32. USE LAST PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 2G, 30 or 31 , ~B OVE
(The following allidavlt to be signed and acknowledged by lndlvid uala and ea ch member of partnetolllps an d by Corporation .)
STATE OF COLORADO
County of __ cAJ..r,.;auDLSa>Jb'"o""e--------------l 01
· Clr nnahan J r .
and-------:_,(.~/.;<;''--"/-'~'-----be ing by me !~r ot duly swo rn , II lor himMII, depooea and aays ; that he Ia the applic ant above named ; or
that he Ia _--t./2~::..4""'"''_,.u"-"d'L=..:"'-"-'..r-==-------ol the above named co rporat ion , that he has read the foregoing application and that he
(Title)
knows the contents thereof , and that all matters an d th ings therein set lonh ore true of his o wn knowledge and he agteel to conform to all ru les and
regulation• promulgated by the State Department of Re venue In connection th erewith
lndlvlcluel8 Md ell _..,. of Penner.hlp
-••tenhere:
MyCommlu!voexplrea ~I t, !f.9.3
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY
(MANUFACTURERS , WHOLESALERS AND RAILRO ADS DISREGARD THIS SECTION)
The original application naa oeen aaarmnea ana tnto prem nHIS . Duson ess cond ucteo and character of the applican t Is aatlalactory , and we do repon
that ouch llcenoe , II granted , woll meet the reaeonable teq uirement s of th e neighborhood and the desires of the lnh•bitanta , and complies with the
proviaiona of Title 12. M iele ~. CRS 1973
THEREFORE THIS APP LICATION IS HEREB Y APPROVED
DATED AT-------------THIS ----DAY OF----------A.D t9 -------
(NAME OF TOWN , CITY OR COUNTYI---------------------------------
BY .
(MAYOR OR CH'-IRMI.N OF BOARD OF COUNTY COMMISSIONERS OA OTHER T ITLE OF LICENSING AVTHORITY )
ATTEST.
(CLERI< OR SECRET ARY OR OTHER OFFICER H~V I NG THE OFFICI AL SEAL OF THE LICENSING AVTHORITY)
(II the preml-are located with in a town or c ity . the above approval sh ould be signed by the mayo r and clerk , It In a county , then by the chairman of
l~ board of county c»mm laaionera and the clerk to th e board II , by ord1nance or otherwraa , the local licanslng authority Ia eome other olllc lal, then
.h approvallhould be g iven by ouch olliclal )
USE THIS SPACE FOR ADD ITI ONAL COMMEN TS
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MINUTES OF
EN GLEWOOD HOUSING AUTHORITY
REGULAR MEETING
April 25, 1979
The regular meeting of the Englewood Housing Authority was called to o rder by
Chairman Thomas J. Burns at 5:15 P.M., April 25, 1979, at the Simon Center.
Roll Call
Members Present:
Members Ab sent:
Others Presen t:
Thomas J. Burns, Chairman
Betty Beie r, Vice-Chairman
David Clayton
Rev . J. Stanley Fixter
Cindy Peterson
Rich Wanush, Director of Community Development
Mike Reddy, Executive Director of Housing
Toni Morris, Associate Housing Coordinator
The "Notice of Rescheduled Meeting" and "Consent to Rescheduled Meeting" were
introduced. Resolution No. 4, Series of 1979 regarding the regularly scheduled
meeting of the Housing Authority being changed to a different time was intro du c ed.
Reading and Approv al of Minutes
The budget review section of the minutes of March 22, 1979 was discussed. The
negotiations with the banks was also discussed.
MOTION
BETTY BEIER MOVE D TO APPROVE THE MINUTES OF MARCH 2 2 , 1979 AS CLARIFIED AND THE
MINUTES OF FEBRUARY 27 , 1979. STAN FIXTER SECONDED THE MOTI ON. THE MOTION
CARRIED AS FOLLOWS:
AYES:
NAY S :
Budget Review
THOMAS J. BURN S
BETTY BEIER
DAVE CLAYTON
STAN FIXTER
NONE
Mr. Reddy explained each budget in detail. He stated that these budgets reflect
a summary of more detailed budgets .
Section 8 Existing
Mr. Reddy discussed the rent survey. He stated that the survey indicated that
Englewood has a special problem with high rent which will allow us a 20% increase
over the present Fair Market Rent. Mr. Reddy stated that we have a verbal
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commitment fr om HUD , but as yet we have nothing in writing fr om HUD r e garding this
FMR issue. He stated that the informati on from the survey will help the entire
metropolitan a r ea in r ece iving FMR i n c reases, but HUD s a id i t wo ul d be si x t o
eight month s before any thing will happen regarding the raising o f the FMR. In
the meantime, lan dlords who participat e in the program a r e raising the r e nts and
the tenants who participate in the p r ogram are not allowed t o pay the higher
amounts .
Th e staff is preparing basic data regarding the Sect i on 8 Fair Mark et Rent issue
and also c ompiling the names of congressional representatives in order to solicit
some positi ve response to the issue . Mr. Reddy asked the Commissione rs if they
would be interested in getting le tte r s out to membe r s of Cong r ess concerning this
FMR issue and the problems the tenants and administration are facing. Mr. Reddy
asked if the media should be contacted to help r e lay this issue to the pub lic .
Mr. Wanush stated tha we co uld get other Housing Auth orities in the area togethe r
to d iscuss the issue of the FMR ; and we could send a letter to various people asking
for their support on the FMR issue. Mr. Reddy stated that a report will be sent
to the Commissione r s as soon as possible regarding th e basi c facts o f the Sectio n 8
Fair Market Rent structure and th e data we received from the rent survey that was
done a few months ago . Discussion ensued re garding this issue.
MOTIO N
DAVE CLAY TON MOVED THAT THE ENGLEWOOD HOUSING AUTH ORITY DRAFT A LETTER TO GO TO
OTHE R HOUSING AUTHORI TIES OVER TH E SIGNATURE OF THE EXECUTIVE DIRECTOR OF THE
ENGLEWOOD HOUSIN G AUTHORITY AN D THE CHA I~AN OF THE HOU SING AUTH ORITY STATING OUR
POSITION THAT WE DO NOT FEEL THAT THI S FAIR MARKET RENT STRUCTURE IS ADEQUATE; AND
WE ENCOURAGE OTHER HOUS ING AUT HORITIES IN THIS AREA TO ALSO STATE THE IR OP INIONS
AT THE NAHRO WORKS HOP AT TH E CHERRY CREEK INN ON MAY 10 h AND llth , 1 979 AND
TAKE WHATEVER STEPS THE HOUSING AUTHORITY DEEMS ADVANTAGE OU S TO CO RRECT THE
SITUATI ON OF THE SECTION 8 FAIR MARKET RENT , AND THAT THE EXE CUTIVE DIRECTOR AN D
THE CHAIRMAN BE AUTH ORIZED TO WORK OUT THE DETAILS OF SUCH .
REV. FIXTER SECONDED TilE MOTION. THE MOTI ON CARR IED AS FOLLOWS:
AYE S : THOMAS J . BURNS
BETTY BEIER
NAYS:
DAVE CLAYTON
REV. STAN FIXTER
NONE
Mr. Reddy discussed the CALHA (C o lorado Association of Local Hou s ing Auth oriti es)
meeting he attended last Wedn esday , April 1 8th . Mr.Reddy stated that Dawn Jora l eman,
Di rector of the Littleton Housing Authority , aske d if the Englewood Housing
Authori ty would be interes ted i n working with them and use our Section 8 appli can ts
to supply them with housing in Littleton . Littleton Housing Authority has move d
some houses onto vacant lots and they are in a situatio n of double subsidy . They
would like to get Section 8 recipients in those structures that the Housing Authority
now owns ; however , you cannot use Section 8 funds in another subsidized kine of a
housing program (double subsidy). Mr . Reddy stated that the question is whether
o r n o t it is legal to take a reside nt of one City and house them in another.
Mr. Reddy stated that Littleton has these houses and they want to be able to
deal with Section 8 r ecipients.
There wa s a sho rt break for dinner .
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Rehab Report
Mr. Reddy stated that fliers were distributed throughout Englewood regarding
the Public Hearing to be held on the Rehab program. Mr. Reddy stated that there
was a slowdown in the Rehab program for approximately one month, but it has
picked up since then . He stated that there were approximate l y 1 2 applicants
interested in the Rehab program. Discussion ensued regarding the Public Hearing
on April 24, 1 979 . Mr. Reddy stated that the bank has taken over the construction
loan process. Each draw will cost $9 .00 with an average of three (or maybe four)
draws. The cost of these draws wi ll be included in the loan amount .
Ms. Morris explained the memo regarding the t wo Rehab clients who are delinquent
in their payments. Mr. Reddy stated that he feels we need a motion to set up the
necessary format for foreclosure proceedings.
MOTION
DAVE CLAYTON MOVED THAT THE STAFF BEGIN TO NEGOTIATE AND INITIATE FORECLOSURE
PROC EEDINGS THROUG H A LETTER TO THE TWO CLIENTS WH O ARE DELINQUENT IN THEIR
PAYMENTS OF THEIR REHAB LOANS. BETT Y BEIER SECONDED THE MOTION. THE MOTION CARRIED AS FOLLOWS:
AYES:
NAYS :
Community Developmen Block Grant
THOMAS J . BURNS
BETTY BEIER
DAVE CLAYTON
REV. STAN FIXTER
NONE
Mr. Reddy introduced the timetable for the Block Grant. The timetable is on
schedule as is listed except that the HAP plan was not ma iled to the Commissioners
on Ap r il 20th ; it was given to them on ApriJ 25th at the Housing Authority meting.
Mr. Reddy then discussed the HAP plan . Mr. Reddy stated tha he Public Hearing
was held the night before on Tuesday, April 24th . Ms. Morris and Mr. Reddy
represented the Housing Division and gave presentations on he Rehab program.
Mr. Reddy s tated that the target areas were discussed, as well as chan ges in
the target areas and the proposed target areas. One of the target areas was
changed due to lack of a good response from that area. Mr. Reddy stated that
a windshield survey was done of houses in Englewood to determine which areas
needed work done to the house.
Low -Rent Public Housing Grant , Project #C0-48-2
An e xe cutive session was held regarding the land site for the new project.
Mr. Reddy stated that in discussion with Betty Tunnell at HUD, she said that we
could buy the land with other funds, but that would not put more funds into the
building. The allocated cost of the building is done on a per unit basis. HUD
allocated so many dollars per unit in the building. Mr. Reddy stated that we
intend to preselect the sites, and when a developer is determined, they must
finance the purchase of the property until completion of the project.
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Architectural Review Committee
The Ar chi tectural Review Committee's choi c e for the Consulting Architect for the
new project was discussed . Mr. Reddy stated that the Consulting Arc hitect would
start work immediately. Mr. Red dy stated that HUD requires the Consulting
Architect to work 20 hours a week on the project through the inspection contra c t .
Mr. Reddy stated that Maxwell L . Sau l and As socia tes were selected as the Cons ulti ng
Architectural firm for the new project.
Mr. Burns then rea d Resolution No. 5, Se r ies of 1 9 79 whi ch states that the
Eng lewood Housing Authority wishes to contrac t wi th Maxwell L. Saul and As sociate s,
to act as Consulting Archite ct on the Pub lic Housing P ro ject #C0-48-2. Mr. Reddy
stated that HUD suggests that you hire a consulting architect to monitor the
de v e lopment of the project which would e liminate having to hire an additional
person to monitor he work going on .
MOTION
BETTY BEIER MOVED THAT RESOLUTION NO. 5 , SERIES OF 1979 STATING THAT, "THE
ENGLEWOOD HOUSING AUTHORI TY WISHES TO CONTRACT WITH MAXWELL L. SAUL AND AS SOCIATES ,
ARCHITECTS, TO ACT AS CONSULTING ARCHITECT ON PUBLIC HOUSING PROJECT #C0 -4 8 -2;
AND THAT A CONTRACTUAL AGRE EMENT BETWEEN MAXWELL L. SAUL AND ASSOCIATES , ARCHITECT S ,
AND THE ENGLEWOO D HOU S ING AUTHORITY BE PREPARED AND WITH THE PRIOR WRITTEN
APPROVAL OF THE HUD FIELD OFFICE SAID CONTRACT BE EXECUTED.
REV. STAN FIXTER SECONDED THE MOTION. THE MOTION CARRIED AS FOLLOWS :
AYES:
NAYS:
THOMAS J. BURNS
BETTY BEIER
DAVE CLAYTON
REV. STAN FIXTER
NONE
Mr. Reddy stated that HUD wants a development package by June 1, 1979.
Simon Center -Maintenance Position
Mr. Reddy stated that he would like to postpone this item on the agenda until
the next Englewood Housing Authority meeting. Mr. Reddy did state that a
t raining program has been set up with the Denver Housing Authority, Bus Austin
(Ma i ntenan ce Personnel at Ci t y Hall), a nd Al VanDemark (Rehab Technician) for
Darrel Mares, Maintenance Man at th e Simon Center . In about 1 l/2 years Darrel
will be qualified to be a maintenance supervisor.
Board of Commi ssioners Cho i ce
Discussion ens ued regard ing Rev . Stan Fixter 's positio n on the S imon Center
waiting list . A written report c oncerning the waiting list procedure for the
Simon Cente r was r e quested to b e on the agenda of the next Housing Authority meeting .
MOTI ON
DAVE CLAYTON MOVED THAT THE BOARD OF COMMISSIONERS MAKE A REPORT AND GATHER THE
NE CESSARY DOCUMENTS TO PROVIDE A LE GAL MANNER IN WHICH TO PUT REV. STAN FIXTER
ON TH E PE RMANENT PREFERENCE LIST FOR HOUSING IN ANY ENGLE WOOD HOUSING AUTHORIT Y
UNIT WHERE HIS SENIORITY ON THAT LIST WOULD NORMALLY BE AS OF APRIL 2 5, 1979.
THE MOTION FAILED TO CARRY.
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Mr. Burns stated that there are problems with this motion. He stated that if
we voted on a preference like this one, it may legally b ind another Housing
Authority Board eight or ten yea rs frm~ now when none of the present Board members
are serving on the Commi ssion. Mr. Burns stated that there have been people on
the Englewood list before who have gone to live in another City for financial
o r other reasons. These people were then put on a former Englewood resident list
giving them second priority to move into the building. Mr. Burns stated that the
Board members need to di scuss this issue further and discuss what their priorities
and criteria are.
Mr. Reddy questioned whether or not Rev. Fixter could be made an honorary citizen
of Englewood. He stated that the City Council would have to adopt this poli cy as
it i s a new set of circumstances .
Discussion ensued regarding the NAHRO workshop o n Section 8 a nd Rehab to be held
on May lOth and llth, 1979 at the Cherry Creek Inn.
MOTION
DAVE CLAYTON MOVED THAT THE ENGLEWOOD HOUSING AUTHORITY APPROVE EXPENSES OF ANY
MEMBE R OF THE HOUSING AUTHORITY BOARD WHO WISHES TO ATTEND THE NAHRO WORKSHOP
ON MAY lOth AND llth , 1979 AT THE CHERRY CREEK INN. REV . FIXTER SECONDED THE
MOTION. THE MOTION CARRIED AS FOLLOWS:
AYES :
NA YS:
THOMAS J. BURNS
BETTY BEIER
DAVE CLAYTON
REV . STAN FIXTER
NONE
There being nothing further to discuss, the meeti ng was adjourned at 9:10 P .M.
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The Englewood Housing Authority Minutes of the April 2 5, 1979 Regular Meeting
were officially approved by the Commissioners on May 30 , 1979.
E xecutive Director
Eng lewood Housing Authority
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
May 22, 1979
I . CALL TO ORDER .
The regular meet ing o f the City Planning and Zoning Commission
was called t o order in Con fe rence Room A by Chairman Tang uma at 7:00 P . .M .
Members present : Smith, Tanguma, Becker, Bilo, Carson, Draper,
Lathrop
Wanush, Ex-officio
Members absent ; Willia ms, Pierson
Also present: As sistan t Director for Housing Mike Reddy
Associate Planner Alice Fessenden
II , APPROVAL OF MINUTES.
May 8, 1979
Chairman Tanguma stated that Minutes o f May 8, 1979, were to be considered f or approval .
Lathrop moved ;
Carson seconded; The Minu tes o f May 8, 1979, be approved as writ te n .
AYES : Smith, Tang uma, Becker, Bilo, Carson, Lathrop NAYS: None
ABSTAIN: Draper
ABSENT: Pierson, Williams
Th e motion car ried.
III. DUPLEX DEVELOPMENT /INDIVIDUAL OWNERSHIP
Stephen A. Lyon
Mr . Wanush stated that Mr . Lyon is present to discuss a new
concept in home ownership and d eve lopment . Mr. Wanush stated
that the office has had several inquiries on converting exist ing
duplex units and/or apartment units to condominium units, or
constructing new c ondomi ni um /duplex units. He discussed some
o f the inquiries that have been made, and pointed out that the
proposals would result in ownerships o f lots o f approximately
3,000 square feet, which is below the minimum set f orth in
t h e Comprehensive Zoning Ordinance. The duplexes would be
c o nstructed with the commo n wall on the common lot line, and
each lot and one-hal f of the duplex would be under separate
ownership . Mr . Wanush pointed out that on existing units,
there is no way to prevent t he sale of the individual unit and
the division of the l ot, e v en though it is in violation of the
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Comprehensive Zoning Ordinance . He pointed out t ha t this
concept o f home ownership could result in problems in the
future --3,000 square foot lots that the property owner and/or
redevelope r cannot do much with . The concept does present
short-term gains in that the units would essentially be single -
family units with a common wall, and would be large enough to
accommodate families .
Mr . Lyon stated that he has considered development in areas
that are zoned for two-family units, with a typical lot size
of 125 foot depth by 25 foot frontage. Mr . Lyon stated that
he has been developing single-family units for the last two
and one-half years, and does not really want to get into the
development of multi-family units on a large scale. He pointed
out, however, that a single-family house constructed on the
conventional 50 foot lot would be in the $85,000 to $90,000
price range. If two single-family units with a common wall
could be constructed, construction costs and the subsequent
selling price of the individual units and lots could be
lowered . He stated that he and his associates are working on
such a project in an adjoining jurisdiction, and will build
13 duplexes to be sold individually . He displayed floor plans
and elevations of units that they are proposing to construct,
and noted that the floor area of these units is 1255 square
feet minimum . These particular plans have not been tailored
to individual preferences, but do feature firep laces, vaulted
ceilings in the living room and kitchen areas, decks, sound-
proofing, and basements that may be finished . One-car garages
are also included . He stated that the price for these particular
units would probably be in the mid $60,000 range . He pointed
out that there have been problems with the particular site
that these units were proposed f or, which raises the construction
costs. On a "normal site", the cost would be approximately
$57,000 for a four-bedroom unit .
Mr. Draper asked how much the common wall cut down on construc-
tion costs? Mr. Lyon stated that he has not really priced it
out, and pointed out that the common wall entails savings on
plumbing , gas taps, etc .
Mr. Tanguma inquired about financing such a venture? Mr . Lyon
stated that regular financing procedures can be followed; he
stated that in Englewood, they could have FHA financing .
Mr . Draper inquired about problems that might arise on outside
maintenance of the units --one property owner might want to
paint and the other might not, or reroofing, etc . Mr . Lyon
stated that some agreement or covenant would have to be signed
by the property owners on such matters .
Discussion ensued . Mr. Smith asked if it is correct that once
such units are built, there is no way to prevent the sale of
the individual unit and lot? Mr . Wanush stated that the Com-
prehensive Zoning Ordinance states that a lot cannot be divided
so as to render it non-conforming in size; however, in one
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case recently such a sale did take place, and there was no way
to prevent it. A letter from the City Attorney was recorded
pertaining to this property, which letter indicates that the
lot has been divided in violation of the Zoning Ordinance, and
that permits would not issue for development of the lot,
Mr. Smith asked if there has been any research done on laws
pertaining to condominiums and conversion to condominiums?
Mr. Wanush stated that the staff is doing this now . Mr .
Wanush stated that he felt there would be a procedure that
could handle the new construction under this concept; it is
the conversion of existing units that pose problems ,
Mr. Smith stated that he felt this concept should be adapted
to the new construction, and that this concept should be
pursued.
Mr. Lathrop asked if this concept would also apply to the
single-family districts? Mr. Wanush stated that it would
not; it would be used in areas that are zoned for medium
density development. Mr. Lathrop stated that he felt very
strongly that the proposed concept should not infringe on the
R-1 single-family areas, that there has been too much infringe-
ment by apartments and multi-family dwellings as there is. He
asked what the living area of these units would be? Mr. Lyon
stated that the particular unit that he displayed to the Com-
mission had a floor area of 1255 square feet plus the option
of finishing the basement . This does not count the garage
area in the floor area figure.
Mr. Lathrop stated that he could see problems resulting from
this concept in the future , Mr. Lyon pointed out that he is
not proposing a change of zoning; the lot he is concerned with
in Englewood is zoned for the construction of a duplex . He
acknowledged that there may be problems, but does see the
potential in this type of development. He pointed out that
2-1 /2 years ago, he could construct a single-family home to
sell for $48,000 ; on today's market, the same house would
sell for $72,000 . He pointed out that this is a $24,000 in-
crease in just 2-1 /2 years . Mr . Lathrop stated that he didn't
care how high the land cost or construction costs ; a single-
family house could be constructed and over-priced by several
thousand dollars, and someone would buy it.
Mr. Bilo asked Mr. Lyon i f consideration had been given to
"block housing ". Mr . Lyon stated that this has been con-
sidered, but pointed out that such construction would have
to fit the neighborhood that is being considered also .
Mr. Lathrop asked if Mr . Lyon was looking at property that
was in need of improvement, or vacant land? Mr. Lyon stated
that the particular property he is considering had a garage
apartment on it that should be demolished. I •
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Mr. Smith stated tha t this conc e pt would "e liminate the apart-
ment dwellers and turn them into home owners ", and fe l t the
idea should be pursued .
Mr. Lyon thanked the Commission f or th e ir consideration, and
excused himself f rom the meeting .
IV. ENGLEWOOD HOUSING AUTHORITY
Sites for Elderly and Family Units
CASE #12-79
Mr . Wanush stated that the Englewood Housing Authority has
been awarded 100 units o f elderly housing, and 10 units (five
duplexes) of family housing, He stated that Mr . Reddy, Executive
Director of the Housing Authority, is pres e nt to discuss the
site selection process and to bring the Commission up-to-date
on the progress of this project .
Mr. Smith asked if there has been anything prepared in writing ;
he noted that people are inquiring o f City Council what is
going on, and Council does not have anything in writing to
refer to. Mr . Lathrop agreed that there needed to be some
written information available; he noted that he had received
numerous phone calls from concerned people who had the Target
Areas confused with the proposed public housing project. Mr.
Wanush emphasized that the Target Areas and "sites" for housing
are two separate matters, and stated that such callers should
be referred to the Housing Division .
Mr. Tanguma commented that he felt a thorough Public Relations
campaign should be conducted on the different programs that
the Housing Authority has going . He stated that he felt this
is very important to alleviate possible problems down the road.
Mr . Reddy stated that several sites have been considered for
the elderly high-rise units, and the site which seems to meet
the criteria the best is a site just south of the Malley Recrea-
tion Center on East Girard Avenue . Mr . Reddy pointed o ut that
criteria that must be considered in selecting a site f or elderly
housing is access to transportation, proximity to shopping,
me dical facilities, grocery store, recreation facilities, etc.
All the sites were weighed in relation to these criteria, and
t h e site on East Girard Avenue was rated first. Mr. Reddy
stated that he has secured an "agreement " with Security Pacific,
owner of the site on East Girard Avenue, that they will hold
the pro perty until the Housing Authority can get clearance from
HUD. He pointed out that this is not an option, but an agree-ment .
Mr. Reddy stated that the Housing Authority is g oing to have
"pre-selected sites" on this project; the Authority will give
the developer a list of the particular sites that are to be
developed, and the developer will submit his bid based on those
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Mr. Reddy stated that he is now working on locating sites for
the five duplexes which will be for families . These units
should not be concentrated in any one area so as to "impact"
the area ; they must be dispersed throughout the community .
He stated that sites that are zoned R-2, Medium Density, and
that are vacant, are being considered . They are not considering
sites in need of redevelopment, because demolition costs would
come out of the funding that has been approved, and every ef-
fort is being made to conserve these funds for the construction
costs. Mr. Reddy stated that the Housing Authority did send
letters to property owners of vacant sites asking if they were
interested in selling their property to the Housing Authority,
and if they have questions to call him, Mr. Reddy . He stated
that response from some of the property owners has been favorable,
and others have indicated they want to develop their property.
Mr. Reddy noted that 32 sites have been indicated as being
"available " --in that they are zoned R-2, and are vacant. He
emphasized that the Housing Authority is interested in five
building sites and he felt confident that these five sites
could be secured . Mr. Reddy acknowledged that some of the
property owners have expressed concern that their land might
be condemned if they do not sell, and he has assured them that
the Housing Authority wants to avoid condemnation proceedings .
Mr . Reddy stated that once an agreement on a building site has
been reached between the property owner and the Housing Authority,
HUD would be contact e d, and a HUD appraiser would view the site
and submit an appraisal figure. If the property owner agrees
to sell for this amount, an option would be secured on the land;
if the property owner does not agree to this figure, the
Authority would look for another site. Mr. Reddy emphasized
that the Authority wants to avoid "heavy-handed tactics" and
that if a property owne r indicates they are not interested in
selling their land, it is not pursued .
Mr. Reddy stated that once the property is secured, it would
be turned over to the developer to develop, and then purchased
by the Housing Authority once the development is completed.
Mr . Smith asked who gives f inal approval on the sites selected?
Mr. Reddy stated that final approval would be given by the
Engl e wood Housing Authority .
Mr. Reddy stated that Miss F essenden has prepared a slide
show on the site s e lection process. Miss Fessenden presented
th e slides and narration on the process of site selection .
Mr. Re ddy stated that he has one site for the family housing
lined up for an agr eement, and two other sites look very
promising. He would hope to secure agreements on these sites
by th e end of this week.
Mr . Tanguma asked i f there was any way property owners could
be guaranteed there would be no condemnation proceedings in-
stituted by the Housing Authority to gain the sites? Mr •
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Re ddy stated that h e felt this would p u t the e n t ire alloca t ion
t o Englewood in jeopardy. Mr. Wa nus h st a ted th a t h e fe lt th e re
were three options that could be follow ed i f a ll the site s for
f amily housing could not be s e cur e d : (1 ) Th e si te s e l ec tion
could be opened to the d e veloper ; (2 ) Inst i t u te conde mn at io n
proceedings ; or (3) Don't build . He a g r ee d wit h Mr. Re ddy
that HUD would probably disapprove a sta teme n t that c onde mna-
tion proceedings would not be used, and that the entire g rant
could be lost. Obviously, the Authority do e s not now e nvision
using condemnation and will exhaust every option to insure
that condemnation does not take place. Discussion e nsued.
Mr. Reddy noted that the sites must be selected and the loca-
tions submitted to the BUD local office by June 15th .
Mr. Draper suggested that possibly rather than pursuing con-
demnation, the Housing Authority should look at site s that
are developed and sell the existing structure s ; h e f elt this
could be done and that enough could be reali ze d from the sale
of the houses to finance the clearing o f t he prope rty f or de-
velopment by the Housing Authority . Further discussion en-sued .
Mr. Smith suggested that there should be more communication
on the programs, and suggested that a press release on the
negotiations on vacant land for the duplexes be issued. He
also suggested that this press release might indicate that a
tentative agreement on the site for the high-rise has been reached .
Discussion ensued. Mr. Bilo stated that he felt the general
public is scared to see the government get into the housing
business. Further discussion followed .
Mr. Lathrop stated that he would agree there should be more
publicity on the negotiation for the sites. He stated that
people are confused between the Target Areas for the rehabilita-
tion program and the sites for public housing . Mr. Smith
stated that he did not think the press rel e ase should try to
cover too many programs, that it would be better to concentrate
on one facet of the Housing Authority Prog rams at this time,
namely, the negotiations f or vacant R-2 zoned sit e s.
Mrs . Becker stated that she f elt wh e n ''public hous i ng " i s
mentioned, that people automatically think of "pro ject ", and
t hat it won't matter tha t the uni t s are to be dispers e d through-
ou t th e community . People do have an ima g e o f "project " housing,
and this will be difficult to combat.
Mr. Bilo asked if these f ive sites was just a beginning of
more "public housing"? Mr. Smith stated that City Council
would have to approve any application for grants f or more
housing. Mr. Reddy stated that HUD wanted the Englewood
Housing Authority to take 60 or 70 units, but the Englewood
Housing Authority and staff felt it would be better to go with
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ten units and see that it is "done right." Mr. Bilo asked if
this was a "pi lot program?" Mr . Re ddy stated that it is not ;
he stated that the Housing Assistance Plan goals state that a
specific number o f housing units should be provided to meet
the n eeds o f the community.
Mr. Bilo stated that land is scarce in Englewood, and fee ls
that the majority o f the land should be available f or private
development and not developed by the Housing Authority and
government, Mr. Wa nush stated that it is well and good to
encourage privat e d eve lopment, but this results in the $65,000+
single-family homes, which do not encourage young families
with children , Discussion ensued.
Th e possibili ty o f purchasing developed lots and selling the
ex isting st~uctur es was f urther discussed. Mr . Wanush pointed
out that demoli tion and removal costs would come out of the
$3.7 million, as would relocation costs for families that might
have been occupying the structures; these relocation costs could
run as much as $150,000 per site , He stated that it will be
difficult to do the elderly units and the f amily units for the
$3.7 million without incurring such expenses as relocation fees,
demolition and removal costs.
Mrs. Becker asked if a priority rating has been established
on the tenants for the units ; is there someway that Englewood
residents could be given the right o f first refusal? Mr .
Reddy stated that f or th e Simon Ce nter, two lists are maintained,
on e for Englewood residents and the second for citizens who do
not live within the corporate limits of the City. Englewood
residents are g iven priority, but we cannot refuse to put any-
one's name on the list, Mr. Reddy stated that while no policy
has been determined on the new units, the same procedure might well be followed,
Mr. Smith expressed concern over the fact that City Council
set the policies for the Simon Center, and the Housing Authority
is now assuming the rig ht of setting the policies for the new
units. He stat e d that citizens ar e concerned becaus e there
is "no way they can get to the Housing Authority like they
can City Council." Mr. Smith stated that he feels if the
Housing Authority is allowed to set the policies , they would
be contrary to the genera l policy of the City Council in that
the City Council has responsibility t o set "policies", and
there will be "some unhappy peo ple ."
Mr. Lathrop stat ed that he fe lt t h ere would be more housing
stock available a fte r completion o f the 100-unit high-rise,
because elderly residents would be selling their ~omes or
renting them out and moving into the public housing . He noted
that this had happened wh en the Simon Center was filled. Miss
Fessenden pointed out that very few of the Simon Center tenant s
had sold property when t hey mov e d in.
Further brief discussion ensue d .
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V, PUBLIC FORUM
There was no audience present .
VI. DIRECTOR'S CHOICE
Mr . Wanush stated that at the meeting o f May 21, 1979, City
Council did approve the vacation o f right-of-way on the west
side of South Marion Street.
Mr. Wanush stated that the Colorado Chapter of APA will have
their annual meeting in Snowmass in June immediately after the
Colorado Municipal League meeting.
VII. COMMISSION 'S CHOICE
Mr. Draper discussed the parking lot across the street f rom
his house, which parking lot is for Be lleview Park. He stated
that the usual use of this parking lot is no more than four
vehicles, and is an attractive place for parking vehicles over-
night, motorcyclists, etc . He suggested that perhaps th e Parks
Department and/or City could consider reducing this parking
area to accommodat e 12 vehicles or so, and landscape the remainder
of the area. He stated that he felt a lot of the residents of
the immediate area would b e much mor e satis f ied if this were
made a part of the park, or at l east landscaped and the parking area was reduced ,
Don Smith ask ed that the pa rki n g la you t at the Bates/Logan
Park be studied . He noted that it is virtually possible to
block the entire parking lo t because o f the layout and the
s trePt parking that is permitted .
Mr. Bilo inquired about the f uel shortage, and whether City
Council has discussed this matter at all ? Mr. Wanush stated
that the City is considering the matter o f the gasol:ne short-
age, and that the City has be en told they will get no more
fue l for the rest o f the month ; the June a llocation will b e
70% of the Jun e, 1978, allocation. He stated t ha t the biggest
probl em is the shortage of diesel fuel f o r the fire trucks ,
Mr. Bilo inquired about car pooling f or Comm issio n meetings,
or possibly cutting down on the numb er o f meet ings .
The proposed development o f parking lot s by Swedish Medica l
Center was discussed . Mr. Smith discuss e d ways that mig ht
be used to fi nanc e parking s tructures, and stated that while
he feels th e City should help Swedish Medical Center in every
way possible, he does not feel that the City should obligate
itsel f financially , Discussion ensued .
The meeting adjourned at 8 :50 P. M.
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TO :
FROM :
DATE :
SU BJECT:
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MEMORANDUM
Honorable Mayor James L . Taylor and
Members of City Council
Louis Parkinson , Municipal Judg~
June 6 , 1979
MUNICIPAL COURT ACTIVITY REPORT FOR MAY , 1979
Attached is the Municipal Court Activity Report
for the month of May, 1979 .
The report is be ing transmitted to keep y ou further
informed of Court activity and requires n o action
by City Council.
/b
Att .
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MUNICIPAL COURT
ACTIVITY REPORT
REVI:NUE SOURC E
HAY
May
1 979
Violations BW"eau Fines-----------------$ 3 ,347.00
Pa r king Vi o lation fines-------------·---2, 584.00
Cour--Cases-----------------------------5 ,4 88 . 00
Court Cos t s -----------------------------1,052. SO
Witness fees ----------------------------85 . 00
Jury Fees-------------------------------50 .00
Bond Fo r feitures-------------------------0-
Dri ver I mprovement School fee s ----------195 .00
Appeal Bond fees-------------------------a -
Arapahoe County ( DUI ' s)-----------------786 .67
TOTALS $ 13 ,588.17
Arraignments sched uled------------------
Gui lty pleas (incl. nolo pleas )----
Not Guilty pleas -------------------
Ce nt ' d. or railed to Appeal"--------
Traffic Violations Bureau:
Gull ty p leas-----------------------
Not Guilty pJ.ca::-------------------
Tr ial ::: :::chcdulcd for mon th:
Juries scheduled (held)------------
Juries cancelled-------------------
Juries continued------------------
Juries dinmissed-------------------
Trials to the Court (held)
Pretrial Conf.erences--------------------
Special Hearings------------------------
Cases closed by disposition-------------
Cases closed by Def. Pros./Sentence-----
Driver School attendance----------------
Wa rrants a nd Executions issued----------
Cases pending (not incl. park i ng )-------
NO . Or CASI:S riLED BY CATAGORY o
Moving ViC'>la t ions ----------------------
Park inc Violations----------------------
Other Ordinance Violations--------------
non Ordinance Vi ola tions----------------
Co mplaints (citizen. sales tax , bldg .)--
TOTALS
~~ut:~·;£~1'£/r
BARBARA J. PENNEalerk of MuUcipal Cou r t
cc: Louis Parkins:on , Hunic i pal Judge
349
1 03
178
68
123
78
1 27
13 (2)
9
2
0
114 (4)
11
75
11
17
33
881
2 82
874
22
26
1,207
1979
Same Hon't.h
Last Year
1,508.00
2 ,443.00
6 ,5 11.00
1,280.00
170.00
25 .00
62.50
210 .00
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13,104. so
303
1 65
14 ( 3)
8
0
3
151 ( 9)
2l
72
22
24
22
1 ,156
301
659
14
'9
__ 3
1,006
Honorable Hayor J ames Taylor and Membe r s of City Council
Andy McCown , City Manager
Bernard aerardini , City Attorney
Fobert Holmes , Chief of Police
William 0 . James, Director of finance
Carolync J . Boerrc,er , r.ourt Administrator
Totals Totals
This Year Last Year
11,562 .5 1 1 2 ,893 .50
1 2 ,199.00 11,188.'o 0
29 ,6 0 1.00 34,146.50 .
6,325.00 6,255.00
870. 50 .,90 .00 ·'
200 .00 100.00
905.00 407.50
775 .00 1,170.00
-0-3 .00
~ 5 ,275 .00
66 t 731.18 72 ,229.00
1,528 1 ,526
725 961
97 (13) 6 1 (7)
65 48
1 5 0
4 6
628 (33) 900 (61)
76 78
4 6
366 497
19 213
85 132
1 94 174
''
1,432 1 ,523
3 ,881 4,631
86 63
1 29 170
11 __ 1_1
5 ,539 6 ,398
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ARAPAHOE COUNTY COLORADO
5334 South Prince Street • Littleton . Colorado 80166
BOARD OF COUNTY COMMISSIONERS
Jolin J . Nictloll -.....
May 31, 1979
James Taylor, Mayor
City of Englewood
4111 South Broadway
Englewood, CO. 80110
De ar Mayor Taylor:
Thom•a R. Eggert
Ottlroc:1 fllto 2
..---~~~r.~~;:---·--~
.t_ #-,.:. --'-~...:..""'-'---·-_..._...,. a
6 A
Ch•rln A . Pina
O.tlnCI No 3
(303) 795-4630
Pursuant to Articles 32-9-109, 32-9-110 and 32-9-111, C.R.S.
(1973), which concern the Board of Directors of the Regional
Transportation District, the Board of County Commissioners
s ubmit the name of Jean R. Arthur, 4951 South Holly,
for reappointment to said Board for a four ~·ear term ending
July 1, 1983.
We would appreciate your approval of this appointment as soon
a s possible, for this appointment must be submitted to the
Board sometime during the month of June. Please send your
c omment on this appointment, in writing, addressed to the
Board of County Commissioners of Arapahoe County, 5334 So.
Prince Street, Littleton, Colorado 80166.
Ve ry truly yours,
Corrun issio ne rs
JJN/vr
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ORD INANCE N0 .. =-~~-4~
SERI ES OF 197 9
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BY AUTHORITY
tA
COUNCIL BILL NO . 23
INTROD UCED BY~~ (!-fiU-1<..~10 (}
AN ORDINANCE APPROVING THE WH OLE COST OF THE IMPROVEMENTS MAD E
IN PAVING DI STRICT NO . 23 IN TH E C I TY OF ENGLEW OOD , COLORADO;
APPROVING AND CONFI RMING TH E APPORTIONMENT OF SAID COST TO EACH
LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSIN G A SHARE OF SA ID
CO ST AGAINS T EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBI G
THE MANNER FOR COLLECTION AN D PAYMENT OF SAID ASSESSMENTS .
WHEREA S, by Ordinance No. 23, S eries of 1976, finally passed
and adopte d on June 7, 1976, the City Council has created Pavin g
Di strict No. 23 withi n th e City of Englewood for the p urpose of
c onstructing and install ing s tree t paving , curb , gutter , and sid e-
walk improvements, together with necessary incidentals, on West
Dartmouth Avenue within the City; and
WHERE AS, the improvements authorized by said Ordinance have
been compl eted and accepte d b y the City and the wh ole cost of such
improvements has been determi ned; and
WHE REAS, an as sessment roll has been prepa red and a state-
men t showin g the total cost of the improvemen s has been duly
file d with the City Council; and
WHEREAS, f rom the s tatement ma de and filed wit h the City
Counci l, it appears that the wh ole cost of said i mprov eme nts is
$312,401 .27. The a moun t to be ~aid by the Urban Systems Hi g hwa y
Program i s $224,8 80 .8 6. The City will pa y $2 8 ,869.4 5 , leaving
$58,650.96 to b e as sess ed against the real property in the Distric t,
said a mount including costs of inspection, c ollec t ion and othe r
i n cidentals and also including inter est as allowed by law; and
WHEREAS , from said statement it a lso appears that the C ity
Council has apportioned a share of the whol e cost to e ach lot
o r tract of land in the District, in accordance with the benefits
to be derived by said property and in the propo rtions and amounts
seve rally s et forth i n Exhibit A attached to this Ordinance ;
NOW, THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EN GLEWOOD, COLORADO, as follows: I •
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Sec tion 1. Co nfirmation of Ass essment Roll .
That the whole cost and apportionment of the s a me i s
hereby appro ved and confirmed, and said apportionme nt is h e r e by
declared to be in accordance with the spe cial benefits which t he
p roperty in the District will r eceive b y r ea s on of the con s truc -
tion of said improvements , and a share of s aid cost is h e r e by
assessed to and upon e ach l ot or tract of land wi t hin the Distri ct
in the proportions a nd amounts as se t forth in the assessment roll, attached h e reto as Exhibit A.
Se ction 2. Payme nt of Assessments .
Tha t t h e assessments shall be due and payab l e at t h e o f fice
of the Dire c tor of Finance of the City of Engl e wood , within th i rty
days afte r the f inal publication of this Ordinance , wi thout d e mand ;
provided th a t all su ch as s e ssments may, at the elec tion of the
p roperty owner, be paid in installments, with intere st as h erein-
after provided. Failure t o pay the whol e assessment wi thin said
period of thirty days sh al l be conc lu sively con sidered and h e l d
an election on th e pa r t of all p e rsons intere ste d , wh ethe r u nder
disability o r otherwis e , to pay in said installments.
Su ch el ect ion shall be c onclusively held a nd c onsidered
as a waiver o f any right to question the power o r j urisdiction
of the City of Englewood to construct the i mprovement s , the
q uality of work , the regulari ty or sufficiency of the procee d ings ,
or the val idi ty or the correctne s s of the as s e ssmen ts , or t he va l idity of the lien t hereof.
In the e v e nt of such election to pay in installments ,
the asses sments s h all be payable at the office of the County
Treasurer of Ara pa hoe County , Colorado, in te n (1 0) e qual ann ua l
ins tallments of principal , the f irst of whi c h installments of
principal shall be due and payable on o r be f o r e the lst day of
Jan u ary, 1980, a nd th e remainder of sa i d installments s hall be
due and payabl e s ucc e ss i vely on or before the lst day of Jan ua r y
in each y e ar there after unt i l paid in fu ll, with interest on the
unpaid prin cipa l amount at the rat e of pe r annum ,
commencing o n the date of p ub lication of th i s Ordinance by t itle
following final passage , and payable each yea r at the time of pay -
ing installments of assessmen ts .
Section 3. Penalty for Default or Nonp ayment.
Failure t o pay a ny i ns tallme n t, wh e the r of principal or
interest , wh en due shall cause the wh ole of the unpaid p r i n c ipal
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to become due and payable immediately, and the whole amount of
the unpaid principal and accrued interest shall the reafte r draw
interest at the rat e of one p erce nt (1%) per month, or fraction
of a mon th, until the date of tax sale , as provided by law . At
any time prior to the date of the tax sale, the owner may pay
the amount of all unpaid installmen ts with interest at the rate
of one perc e nt (1%) per month, or fraction of a month, and al l
penalties accrued a n d shall thereupon be restored to the ri g ht
the reafter to p ay in in stallments in the same manne r as if
default had n ot bee n suffered. The owner of any property not
i n default as t o any installment or payment may , at any time,
pay the whol e of the unpaid princ i p al with a ccrued inte r e st to
the date of the next a ssessme nt installment payment date.
Se cti~. Discount o n Payment of Assessmen t s .
Pa ymen ts may be made t o the Director of Finance at a n y
time within thirty days after the fina l p ubl ication of t hi s
Ordinance a nd an allowance of five percent (5%) will b e made on
al l payments made du ring such period , but not thereafter . The
discount of 5% shall apply to all such payments , whether the pay-
me nt is the ent ire amount of assessment due or a part of the
asse ssment . I mmedia t ely after the expiration of such thirty-
day perio d, t h e assessments shall be ce rtified t o the County
T r eas urer of Arapahoe County, Colorado, for co ll ec tio n, as pro-vided by law .
Section 5. Assessment Li en .
All a s sessments lev~ed against th e r ea l prope rty in
Pavi ng District No. 23 , together wi th all inter est thereon and
penalties fo r default in payment thereof, and all costs in
col l ec ting the same , shall constitute , from the date o f the
fina l p ubli c ation of th is Ord~nance , a perpetua l li en i n the
seve ral amounts assessed against each lot or tract of land.
Such lien shall have priority o v er all other liens except gene r al
tax liens, and shall be enforced in accordance with the laws of
the State of Colorado.
If any tract of real property included within Paving
District No. 23 is hereafter divided or subdivided into two or
more such tracts o r parcels, the Director of Finance, with th e
assi stance of the Director of Public Works , is hereby authorized
and directed to divide the assessment against such tract in the
same propo r tion that the tract itself is subdivided into two or
more such parcels, and t o certify the revised assessments to the
County Tre asurer of Arapahoe Coun ty , Col orado.
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Section 6. Severability.
That if any one or mor e se ctions or parts of this Ordinance
shall be adj u dged unen f orceable or invalid, such judgment shall not
affect , imp air , or inv alidate the remaining prov isions of this
Ordina nce, it being the intention that the various provisions hereof are seve r a bl e .
Sectio n 7 . Repealer .
All o rdinances, or parts thereof , in conflict herewith are hereby repea l ed.
Section 8 . Hearing.
In accordanc e with the City Charter and the Municipal Code
of the City, the City Council shall hold a public hearing on this
Ordinance , before final passage, at 7:00P.M. on Monday, Ma y 14, 1979 .
Section 9. Publication and Effec ive Date.
This Ordinance, after its final passage , shall be number e d
and recorded, and the adoption and publication shall be authent i -
cated by the signature of the Mayor and the Direc t or of Fi nance,
ex offic io City Clerk-Treasurer, and by the Certificate of Publication .
In troduced, read in full and pass d on first reading on the 2nd day of April, 1979.
Published as a Bill for an Ordinance on the 11th day of April, 1979 .
day of Read by title and passed on final reading on the ______ __
1979.
Published by title as Ordinance No. ______ , Series of
1979, on the day of 1979.
Attest: Mayor
ex officio City Clerk-Treasurer
I , William D. James, do hereby ce rtify that the above and
foregoing is a true , accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No. Serie s of 1979.
-4-ex officio City Clerk-Treasurer
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EXHIBI T A
Attach Copy of Assessment Roll for Paving D~strict No. 23 .
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It was thereupon moved by Council Membe r
and seconded by Council Member ------t~h'a~t~t~h-e--f~o~r-e----
going Bill for an Ordinance, r ead in full at this meeting as afore-
said , be passed on first reading, and shall be considered for
second reading and final passage at a regular meeting of the City
Council t o be held on Monday, June 4, 197 9.
The question being upon the adoption of the motion, the
roll was call ed with the following r esult :
Those voting YES :
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
members of the City Council having voted in
favor of said motion, the presiding officer thereupon declared
the motion carried and the ordinance passed on first reading.
Thereupon, Council Member __ ~~~--~~~~--~~--~~----
introduced and moved the adoption of the following Resolution:
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RESOLUTION NO. ______ , SERIES OF 1979.
A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF
ASSESSMENTS FOR PAVING DISTRICT NO. 23 AND ESTABLISHING A DATE
FOR A PUBLIC HEARING ON SAID ASSESSMENTS .
WHEREAS, the street paving, curb, gutter and sidewalk
improvements in Paving District No. 23 in Englewood, Colorado,
have been satisfactorily completed and have been accepted by
the City of Englewood; and
WHEREA S, a statement showing the whole cost of said improve-
ments and a proposed apportionment of the same against the
property within the District has been filed with the Director of Finance; and
WHEREAS, the City Council has considered the special benefi ts
accruing on each lot or tract of land in the District by reason of
the making of the improvements and has determined that the appor-
tionment of the assessments for said improvements, as set forth
in the assessment roll, is in acco rdance with such benefits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
1. That the Director of Finance is hereby authorized and
directed to noti fy the owners of th e property to b e assessed for
said improvements by publication of this Resolution in three
consecutive weekly issues to the Englewood Herald -S ent inel, a
newspaper published and of general circulation in the City of
Englewood, that said improvements have been completed and acc e pted ,
that the cost thereof has been apportioned according to benefits.
That a hearing on the assessment roll and a hearing on the
Ordinance levying the assessments will be held on Monday, May 14,
1979, at the Municipal Bu ilding , at 7:00 P.M ., prior to final
passage of the assessment ordinance. In addition, notice of the
time , date, and place of each hearing shall be mailed to each
property owner to be assessed, with the cost of improvements, on
or about the date of the first publication of this Resolution.
2. The whole cost of said improvements within Paving Dis trict
No . 23 is th e am ou nt of $312,401.27 , said amount including costs
of inspection, collection, incidentals and interest as provideJ by
law. The Urban Systems Highway Program will pay $224,880.86 toward
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the total cost; the City of Englewood will pay $28 ,869 .4 5 , l eaving
the amount of $58,650.96 to be assessed against the p rope r y
specially benefited and included w ~thin the District. The amo unt
to be assessed against each lot or tract of land is s e t o r th in
the assessment roll filed with the City Council.
3. That any complaints or objections which may be made in
writing by the owners of land within the District to the City
Council and filed in the office of the Director of Finance on o r
before Thur sday, May 3, 1979, will be consid ered and heard by the
City Council at the meeting of the City Council on Monda y , May 1 4 ,
1979. The City Council shall also hold a public hearing at the
same time on the Ordinance levying the assessments prior to the
final passage th ereof .
4. Any complaint or objection to the validity of the assess-
ment~ or the proceedings taken therefor, shall be deemed waived
unless presented in writing at the time and in the manner set
forth above.
5. That if any one or more sections or parts of this
Resolution shall be adjudged unenforceable or invalid , such
judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution, it being the intention t hat the
various provisions hereof are severalbe .
ADOPTE D AND APPROVED t his 2nd day of April, 1979.
Ma yor
Attest:
ex officio City Clerk -Treasurer
I, William D. James, ex officio City Clerk-Treasurer of the
City of Enl gewood , State of Colorado , hereby certify that the
above is a true, accurate, and complete copy of Resolution No.
Series of 1979.
ex off~c~o C~ty Clerk-Treasurer
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Thereupon Council Memb e r
the motion. -------------------------seconded
The question being upon the passage and a dopti on of the
Resolution, the roll was called with the following result:
Those voting YES:
Mayor -James L . Taylor
Mayor Pro Tern -Vernon M. Man n
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
The presiding officer thereupon declared that a majority of
thaseCouncil Members present at the meeting having voted in favor
thereof, the motion was carried and the Resolution duly pass ed
and adopted.
After considering othe r business to come before the Council,
the meeting was thereupon adjourned.
Mayor
Attest:
ex officio City Clerk Treasurer
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STATE OF COLORADO
COUNTY OF ARAPAHOE ss.
CITY OF ENGLEWOOD
I, William D. James, Director of Finance of the City of
Englewood, Colorado, do hereby certify that the foregoing pages
numbered to , inclusive , constitute a true and
correct copy of a portion of the record of proceedings of the
City Council of the City of Englewood, Colorado, taken at a
regular meeting of the Council on Monday, April 2, 1979, insofar
as said proceedings relate to the introduction and passage on
first reading of an ordinance levying assessments in Paving Dis-
trict No. 23 and a Resolution relating to the notice of hearing;
that the copy of each is a true and correct copy of the original
thereof as adopted at said meeting; and that the Resolution has
been signed by the Mayor and by me as Director of Finance, ex
officio City Clerk-Treasurer, sealed with the corporate seal
of the City, and recorded in the official records of the City.
IN TESTI1'10NY WHEREOF, I have hereunto subscribed my
name and affixed the corporate seal of the City at Englewood,
Colorado, this day of , 1979.
( S E A L )
Director of Finance
ex officio City Clerk-Treasurer
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Attach Affidavit of Publi ca tion of Ordinance on April 11 , 1979
Following First Reading.
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Attach Affidavit of Publication of Notice of Hearing o n Assessments
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ORDINANCE NO .
SERIES OF 1979
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BY AUTHORITY
CO UNCIL BILL NO. 23
INTRODUCE D BY
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE
IN PAVING DI STRI CT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH
LOT OR TRAC T OF LAND IN SAID DISTRICT; ASSESSING A SHA RE OF SAI D
COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING
THE MANNER FOR COLLECTION AN D PAYMENT OF SAID ASSESSMENTS.
WHEREAS, by Ordinance No. 23, Serie s of 1976, finally passed
and adopted on June 7, 19 7 6 , the City Council has created Paving
District No . 23 wi t h in the City of Englewood for the purpose of
constructing and i nstal ling street paving, curb, gutter, and side -
walk improvement s , t ogethe r with necessary incidentals, on West
Dartmouth Ave nue wi thin th e City; and
WHEREA S, the i mprovements authorized by s a id Ordinance have
been complet e d and accepted by the City and the whole cost of such
improvements has been determ ined; and
WHEREA S, an as sessmen t roll has been prepared and a state-
ment show in g t h e t otal cost of the improvements has been d ul y
filed with the Ci t y Council; and
WHE REAS, fr o m the statement made and filed with the City
Co uncil, it a ppear s that the whol e cost of said improvements is
$312,401.27. Th e amount to b e paid by the Urban Systems Highway
Program is $224,880 .86. The City will pay $2 8 ,869.45, leaving
$58,650.96 to b e a ssessed against the real property i n the Distr ict ,
said amo unt i ncl u ding costs of inspection, col l ection and other
incid entals a nd also includi n g interest as allow ed b y law; and
WHE REAS, from said statement it also ap pears that the City
Council has apportioned a share of t he whole cost to each lot
or tract of land in the District, in accordance with the b enefits
to be derive d by said p roperty and in the proportions and amounts
severally s e t fo rt h in Exhibit A attached to this Ordinance;
NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
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Section 1. Confirmation of Assessment Roll.
That the whole cost and apportionment of the same is
hereby approved and confirmed, and said apportionment is hereby
declared to be in accordance with the special benefits which the
property in the District will receive by reason of the construc-
tion of sa id improvements, and a share of said c os t is hereby
assessed to and upon each lot or tract of land within the District
in the proportions and amounts as set forth in the assessment
roll, attache d hereto as Exhibit A.
Section 2. Payme nt of Assessments.
Th at the assessments shall be due and payable at the office
of the Director of Finance of the City of Englewood, within thirty
days after the final pub lication of this Ordinance, without demand;
provided that all such assessments may, at the election of the
property owner, be paid in installments, with interest as herein-
after provided. Failure to pay the whole assessment within said
perio d of thirty days shall be conclusively considered and held
an election on the part of all persons interested, whether under
d isability or otherwise, to pay in said installments .
Such election shall be conclusively held and considered
as a waiver of any right to question the power or jurisdiction
of the City of Englewood to construct the improvements, the
quality of work, the regularity or sufficiency of the proceedings,
or the validity or the correctness of the assessments, or the
validity of the lien thereof .
In the event of such election to pay in installments,
the assessments shall be payable at the office of the County
Treasurer of Arapahoe County, Colorado, in ten (10) equal annual
installments of principa l, the first of which installments of
principal shall be due and payable on or before the lst day of
January, 1980, and the remainder of said installments shall be
due and payable successively on or befo r e the lst day of January
in each year thereafter until paid in full, with interest on the
unpaid principal amount at the rate of per annum ,
commencing on the date of publication of th~s Ordinance by title
following final passage , and payable each year at the time of pay-
ing installments of assessments.
Section 3. Pena lty for Default or Nonpayment .
Failure to pay any installment, whether of principal or
interest, when due shall cause the whole of the unpaid principal
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to become du e and pay able immediately, and the whole amount of
the unpaid princ ipal and accrued interest shall thereafter draw
interest at the rate of one p e rce nt (1 %) per month, or fraction
of a month, unt i l the date of tax sale, as provide d by law. At
any time pr ior t o the date of the tax sale, the owner may pay
the amount of a l l unpaid installments with interest at the rat e
of one perc e nt (1 %) per month, or fraction of a month, and all
penalties a cc rued and shall thereupon be restored to the right
thereafter t o p ay in installments in the same manner as if
default had not been suffered. The owner of any property not
in default a s to any installment or payment may, at any time,
pay the whole of the unpaid principal with accrued intere st to
the date of the next assessment installment payment date.
Section 4. Dis c ount on Payment of Assessments .
Payme nts may b e made to the Director of Finance at any
time within t hirty day s after the final publication of this
Ordinance a n d an allowa nc e of five percent (5%) will be made on
all payments mad e during such period, but not thereafter. The
discount of 5% s h all a ppl y to all such payments, whether the pay-
ment is the entire amount of assessment due or a part of the
assessment. Imm ed iately after the expiration of such thirty-
day period, the assessments shall be certified to the County
Treasurer of Ara pa hoe County, Colorado, for collection, as pro-
vided by law.
Section 5. Ass e ssme nt Li en.
All ass essments l e vied against the real property in
Paving District No . 23, t o gether with all interest thereon and
p e nalties f o r d efau lt i n p ayment the r e of, and all costs in
collecting t he s a me , s ha ll constitute, from the date of the
final publi c atio n of this Ordinance, a perpetual lien in the
several amounts a ssesse d against each lot or tract of land.
Such lien shall have priority ove r all other liens exc ep t g ene ral
tax liens, and sha ll b e e nforced in accordanc e with the laws of
the State of Co l o rado.
If any tract o f re al property included within Paving
District No. 23 is here after divided or subdivided into two or
more such t ra cts or p a rcels, the Director of Finance, with the
assistance of the Director of Public Works, is hereby authorized
and directed to div ide the assessme nt against such tract in the
same proportion tha t the tract itself is subdivided into two or
more such p a rc els , a nd t o certify the revised assessments to the
County Treasurer of Arapahoe County, Colorado.
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Section 6. Severability.
That if any one or more sections or parts of this Ordinance
shall be adjudged unenforceable or invalid, such judgment shall not
affect, impair, or invalidate the remaining provisions of this
Ordinance, it being the intention that the various provisions hereof
are severable.
Section 7. Repealer.
All ordinances, or parts thereof, in conflict herewith are
hereby repealed.
Section 8. Hearing.
In accordance with the City Charter and the Municipal Code
of the City, the City Council shall hold a public hearing on this
Ordinance, before final passage, at 7:00P.M. on Monday, May 14,
1979.
Section 9. Publication and Effective Date.
This Ordinance, after its final passage, shall be numbered
and recorded, and the adoption and publication shall be authenti-
cated by the signature of the Mayor and the Director of Finance,
ex officio City Clerk-Treasurer, and by the Certificate of
Publication.
Introdu ced , read in full and passed on first reading on
the 2nd day of April, 1979.
Published as a Bill for an Ordinance on the 11th day of
April, 1979.
day of
Read by title and passed on final reading on the ______ __
1979.
Published by title as Ordinance No. ______ , Series of
1979, on the day of 1979.
Attest:
Mayor
ex off1cio C1ty Clerk-Treasurer
I, William D. James, do hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance No.
Series of 1979.
-4-ex officio City Clerk Treasurer
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EXHIBIT A
Attach Copy of Assessment Roll for Paving District No. 23.
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It was the reupon moved by Council Memb er
and seconded by Council Member ----~t~h-a-t~7t7h-e~f~o-r-e-----
g oing Bill for an Ordinance, read in full at this meeting as afore-
said, be passed on first reading, and shall be considered for
second rea ding and final passage at a regular meeting of the City
Council to be held on Monday, June 4, 1979.
The question being upon the adoption of the motion, the
roll wa s called with the following result :
Those v oting YES:
Mayor -James L . Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
members of the City Cou ncil having voted in
favor o f said motion , the presiding officer thereupon declared
the motio n carried and the ordinance passed on first reading.
Thereupon, Council Member
introduced and moved the adoptio~n~o~f~t~hLe~-£f~o'l'l~o~w7~~nLg=-~R~e~s~o~l~u-tL~'·o~n-:-
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RESOLUTION NO. ______ , SERIES OF 1979.
A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF
ASSESSMENTS FOR PAVING DISTRICT NO. 23 AND ESTABLISHING A DATE
FOR A PUBLIC HEARING ON SAID ASSESSM .ENTS.
WHEREAS, the street pavi ng, curb, gutter and sidewalk
improvements in Paving District No. 23 in Englewood, Colorado,
have been satisfactorily completed and have been accepted by
the City of Englewood; and
WHEREAS, a stat eme nt showing the whole cost of said improve-
ments and a proposed apportionment of the same against the
property within the District has been filed with the Director of
Finance; and
WHEREAS, the City Council has considered the special benefits
accruing on each lo t or tract of l and in the District by reason of
the making of the improvements and has determined that the appor-
tionment of the assessments for said improvements, as set forth
in the assessment roll, is in accordance with such benefits;
NOW, THERE FO RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOO D, COLORADO, as follows:
l . That the Director of Finance is hereby authorized and
directed to notify the owners of the property to be assessed for
said improvements by publication of this Resolution in three
consecutive weekly issues to the Englewood Herald-Sentinel, a
newspaper published and of general circulation in the City of
Englewood , that said improvements have been completed and accepted ,
that the cost thereof has been apportioned according to benefits.
That a hearing on the assessment roll and a hearing on the
Ordinance levying the assessments will b e held on Monday, May 14,
1979, at the Municipal Building, at 7:00P.M., prior to final
passage of the assessment ordinance. In addition, notice of the
time, date, a nd place of each hearing shall be mailed to e ach
property owner to be assessed, with the cost of improvements, on
or about the date of the first publication of this Resolution.
2. The whole cost of said improvements within Paving District
No. 23 is the amount of $312,401.27, said amount including costs
of inspection, co l lection, incidentals and interest as provided by
law. The Urban Systems Highway Program will pay $224,880.86 toward
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the total cost; the City of Englewood will pay $28,869.45, leaving
the a mount of $58,650.96 to be assessed against the property
specially benefited and included wi thin the District. The amount
to be assessed against eac h lot or tract of land is set forth in
the assessmen t roll filed with the City Council .
3. That any complaints or objections which may be made in
writing b y the owne rs of land within the District to the City
Council and filed in the office of the Director of Finance on or
before Thur s day, May 3, 1979, will be considered and heard by the
City Counci l at t he meeting of the City Council on Monday, Ma y 14,
1979. The City Council shall also hold a public h ea ring at the
same time on the Ordinance levying the assessments prior to the
final passage thereof.
4. Any complaint or objection to the validity of the assess-
ments, or the proceedings taken therefor, shall be deemed waived
unless presented i n writing at the time and in the manner set
forth above.
5. That if any o ne or more sections or parts of this
Resolution s hall be adjudged unenforceable or invalid, such
judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution, it being the intention that the
various provisions hereof are severalbe.
ADOPTED AN D APPROVED this 2nd day of April, 1979.
Ma y or
Attest:
ex officio City Clerk -Tre asurer
I, William D. James, ex officio City Clerk-Treasurer of the
City of Enlgewood , Stat e o f Colorado, h ere by certify that the
above is a true, accurat e , and complete copy of Resolution No.
Series of 1979.
ex off~c~o c~ty Clerk-Treasurer
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Thereupon Council Member
the motion. ------------------------s e conded
The question being upon the passage and adoption of the
Resolution, the roll was called with the following result:
Those voting YES:
Mayor -James L. Taylor
Mayor Pro Tern -Vernon M. Mann
Council Members:
David B. Clayton
Donald W. Harper
Donald Smith
Donald M. Weber
Donald Williams
Those voting NO:
The presiding officer thereupon declared that a majority of
thoseCouncil Members present at the meeting having voted in favor
thereof, the motion was carried and the Resolution duly passed
and adopted.
After considering other business to come before the Council,
the meeting was thereupon adjourned.
Mayor
Attest:
ex offic~o City Clerk-Treasurer
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STATE OF COLORADO
COUNTY OF ARAPAHOE ss.
CITY OF ENGLEWOOD
I, William D. James, Director of Finance of the City of
Englewood, Colorado, do hereby certify that the foregoing pages
numbered to , inclusive, constitute a true and
correct copy of a portion of the record of proceedings of the
City Council of the City of Englewood, Colorado, taken at a
regular meeting of the Council on Monday, April 2, 1979, insofar
as said proceedings relate to the introduction and passage on
first reading of an ordinance levying assessments in Paving Dis-
trict No. 23 and a Resolution relating to the notice of hearing;
that the copy of each is a true and correct copy of the original
thereof as adopted at said meeting; and that the Resolution has
been signed by the Mayor and by me as Director of Finance, ex
officio City Clerk-Treasurer, sealed with the corporate seal
of the City, and recorded in the official records of the City.
IN TESTIMONY WHEREOF, I have hereunto subscribed my
name and affixed the corporate seal of the City at Englewood,
Colorado, this day of , 1979.
( S E A L ) Director of Finance
ex officio City Cle rk-Treasure r
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Attach Affidavit of Publication of Ordinance on Apri l 11, 1979
Following First Reading.
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Attach Affidavit of Publication of Notice of Hearing on Assessments
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OHDINANCE NO. ;;?_ J
SERIES OF 19 79
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13Y AU'l'llOH.l 'l'Y
~R
COUN CIL BILL NO . 22
INTRO DUCED DY
Councilman Clayton
AN ORD INANCE APPROVING THE WHOLE COST OF THE IMPROVEMENT S MADE IN PAVIN G
DISTR ICT NO. 25, IN THE CITY OF EN GLEWOOD , COLORADO; APP ROVING AND
CONFI RMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAN D
IN SA ID DISTRICT ; ASSESSING A SHARE OF SAID COS'r AGAINST EACH LOT OR
TRA CT OF ~\NO I N THE DISTRICT; PRESCRI BING THE MANNER FOR THE COLLECT ION
AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EME RGENC Y.
WHEREA S, by Ordinance No. 3, Series of 1 9 78 , fi nally
passed and adopted on March 6, 19 78 , th e City Coun ci l has created
Paving Dis trict No. 25, within the City of Englewood, for th e
purpos e of constructing and installing street and alley pa ·1ing,
curb, gutter and sidewalk improvements, together with necessary
incid entals, on certain str eets and al.leys within the City;
and
WHEREAS, the improvements authorized by said Ordinance
have b e en completed and accepted by the. City and the whole cost of
such imp rove ments has been determined; and
WHER EAS, an assessment roll has been prepared and a
stateme nt showing the total cost of the im?rovements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Coun c il , it appears that the whole co st of said lmin·ovcment:.; i:;
the amount of $899,568 .76 of which amount the .City o f Englewood will
pay $236,275.73 leaving $663,293.03 to be assessed against the real
property in the District, said amount including costs of inspec-
tion, collection and other incidentals and also including interest
as allo~ed by law; and
WHEREAS, from said statement it also appears that the
City Cou ncil has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance _with the benefits
to be derived by said property and in the pr~portions and amounts
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se v erally s et fort h in Exh i bit A attached to this Ordin a n ce ;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
( ENGLEWOOD, COLORADO:
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Section 1. Confirmation of Asses s ment Rol l. That the
whole cost a nd apportionment of the sa~e is hereby approved and
confirmed, and said apportionment is hereby declared to be in
accordance with the spe cial bene fits which the property in the
Distri ct wi ll receive by reason of the construction of said
imp rove ments , and a share of said cost is hereby assessed to and
u pon each lot or tr~ct of land within the District in the p ro-
portions and amounts as set forth in the assessment roll, att ached
hereto as Exhibit A.
Section 2. Payment of Assessments. That the assess-
ments shall be due and payable at the office of the Director of
Finance of the City of Englewood, within thirty days after
the final publication of this OrdinancP., without demand; pro vid ed
that all such assessments may,· at the election of the property
owner, be paid in installments, with interest as hereinafter
p~ovided. Failure to pay the whole assessment within said period
of thirty days shall be conclusive ly considered and held an
election on the part of all persons :nterested, whether under
disability or otherwise, to pay in said installments.
Such el ection shall be conclusively held and
consid ere d as a waiver of any right to question the power or
jurisdiction of the City of Englewood to construct the improve-
ments, the quality of the work, the regularity or sufficiency of
the proceedings, or the validity or the correctness of the as-
sessments , or the validity of the lien t hereof.
In the event of such election to pay in install-
ments, . the assessments sh.all be p ayable at the off ice of th e
Co unty Treasur er of Arapahoe County, Colorado in ten (10) equal
annual installme nts of principal, the first of which instal lment s
of princi pal shall be due and payable on or before the 1st day of
January, 1980 , and t he remainder of said installments s h all be du e
and payable successively on or bef ore the · 1st day of January,
in each year th ereafter until paid i n f ull, with interest on the
unpaid principal amoun t at the rate of 5 .50% per annum, commencing
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on the date of publication of t h1s o d inance by title ollow1ng
f i nal pas sage, and payable each year at the time of p ay ing in-
stallments of assessments.
Sect ion 3. Penalty fo r Def ault or Non-Pa ym ent . Failure
to pay any inst allment, whether of principal or interest, when due
shall cause tt.e whole of the unpaid principal to become du e and
payable immediately, and the wh ole amount of the unpaid pr inc1 pal
and accrued interest shall thereafter draw interest at the rate of
one per centum (1%) per month, or fraction of a month, unt il the
date of tax sale, as provided by law. At any time prior to the
dat e of the tax sale, the owner may pay the amount of all unpa id
installments with interest at the rate of one per centum (1%) per
mo nth, or frac tion o f a month, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if defau lt had not been suffered. The
owner of any property not in default as .to any installment or
payme n t may, at any time, pay the whole of the unpaid principal
with accrued i nterest to the date of the ne x t assessment install-
ment payment date.
Section 4. Discount on Payme nt of Assessments. Pay-
ments may be made to the Director of Finance at any time within
thirty days after the final publication o f thi s Ord inance , and an
allowance of five per centum (5%) will be mad e on all payments
made during such period, but not thereafter . The discount of 5%
sh all apply to all such paymen ts , whether the payment is the
entire amount of a sses sment due, or a part of t he assessment~
Immediately after the expiration of such thirty day period, the
assessments shall be certified to th e County Trea surer of Arapahoe
County, Colorado, for collection, as pr ovided by law.
Section 5. Assessment Lien. All assessments levied
against the real property in Paving Di stri c t No. 25, together with
all interest thereon and penqlties f or def a ult in payment thereof,
and all costs in collectin g the same , s hall co nstitute, from
the date of the final publication of t his ordinance, a perpetual
lien in the several amounts assessed against 'each lot or tract of
( land. Such lien shall ha v e priority ove r all other liens except
general tax liens, and sh all be e nforced in accordance with the
laws of the State of Colorado.
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If a ny t ra c t o f r eaJ. ropert y 1nclud e d within
Paving District No. 2 5 is h erea f t er divide d or s u bdivided into
two or more such tracts or parcels, the Direc t or of Fi nance, with
the assistance of the Director of Public Wo r ks, is h e reby auth -
orized and directed to divide the ass es s me nt against such t ract in
the same proportion that the tract it s elf is subdi v ided i n to two
or more such parcels, and to certify the revised assessments
to the County Treasurer of Arapahoe County, Colorado.
Section 6. Payment of Special Assessment Bonds. The
amount of assessments 'herein levied against the property specially
benefited, in the tot al amount of $663,293.03 will be in an amount
sufficient for the payment of the outstanding bonds prev1ously
issued for Paving District No. 25, dated June 1, 197 6, in the
principal amount of $767,000 •
.Section 7. Sever a billtl· That if any one or more
sections or parts of this Ordinance shalL be adjudged unenforce-
able or invalid, such judgment shall r.ot affect, impair or in-
validate the remaining provisions of thi s Ordinance, it being the
intention that the various provisions hereof are severable.
Section 6. Emergency Provision. By reason of the fact
that bonds of Paving District No. 25 are now outst anding and that
interest thereon will shortly become due and payable, funds must
be made available from assessments at the earliest possible
date for payment of such interest, and for the immediate pre-
servation of the public property, health, peace and safety, it is
hereby declared that an emergency exists and that this Ordinance
shall take effect upon its final pa s sage.
Section 9. Rep e aler. All ordinances, or parts thereof,
in conflict herewith are hereby repealed.
Section 10. Hearin2. In accordance with the City
Charter and the Municipal Code of th e City, the City Council shall
hold a public hearing on thi J o r dinance, before final passage at
7:JO p.m. or dt such later time on Ma y 14, 1979, as Council is able
'to hear it in its normal course.
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Section 11. Publication and Effective Date . This
Ordinance, after its final passage, shall be numbered and record-
ed, and the adoption and publication shall be authenticated by the
signature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, and by the Certificate of Publication. This
ordinance shall take effect immediately upon final passage and
shall be published within seven days thereof.
INTRODUCED AND READ this 2nd day of April, 1979.
Mayor
(SEAL)
ATTEST:
Director of Finance
FINALLY AND ADOPTED this
day of --------· 1979.
Mayor
ATTEST:
Director of Finance
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BY AU'l'llOHl'l'Y
ORDIN ANCE NO.
SERIES OF 197~9------
A ~OR
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COUNCIL BILL NO . 22
INTRO DUCED DY
Councilman Clayton
A ORD INANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING
DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APP ROVING AND
CONFIRM ING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND
IN SA ID DISTRIC T; ASSESSING A SHARE OF SAID COST AGAINS'l.' EACH LO'l.' OR
TRA CT OF L\ND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECT ION
AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 3, Series of 1978, finally
passed and adopted on March 6, 1978, the City Council has created
Paving District No. 25, within the City of Englewood, for the
purpose of constructing and instflll ing stt'eet and alley pa·1ing,
curb, gutter and sidewalk improvements, together with necessary
i ncidentals, on certain streets and al~eys within the City;
and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the· City and the whole cost of
such improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the im~rovements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of :>aid imi.n·ove:ment~ i~
the amount. of $899,568.76 of which amount the · City of Englewood will
pay $236,275.73 leaving $663,293.03 to be assessed against the real
property in t he District, said amount including costs of inspec-
tion, collection and other incidentals and also including interest
as allowed by law; and
WHEREAS, from said statement it also appears that the
City Council has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said property and in the proportions and amounts
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severally se t fort h in Exhibit A attached to this Ordin ance;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWO OD, COLORADO:
Section 1. Confirmation of Assessment Roll. That the
whole cost and apportionment of the sawe is hereby approved and
c onfirmed, and said apportionment is hereby declared to be in
accordance with the special benefits which the property in the
District will receive by reason of the construction of said
impro vements, and a share of said cost is hereby assessed to and
upon each lot or tract of land within the District in the pro-
po rtions and amounts as set forth in the assessment roll, attached
hereto as Exhibit A.
Section 2. Payment of Assessments. That the assess-
ments shall be due and payable at the office of the Director of
Finance of the City of Englewood, within thirty days after
the final publication of this Ordinan~P., without demand; provided
that all such assessments may,. at the election of the property
owner, be paid in installments, with interest as hereinafter
p~ovided. Failure to pay the whole assessment within said period
of thirty days shall be conclusively considered and held an
election on the part of all persons ~nte rested, whether under
disability or otherwise, to pay in said installments.
Such election shall be conclusively held and
considered as a waiver of any right to ques~ion the power or
jurisdiction of the City of Englewood to construct the improve-
ments, the quality of the work, the regularity or sufficiency of
the proceedings, or the validity or the correctness of the as-
sessments , or the validity of the lien thereof.
In the event of such election to pay in install-
ments, .th e assessments shall be payable at the office of the
County Treasurer of Arapahoe County, Colorado in ten (10) equal
annual installments of principal, the first of which installments
of principal shall be due and payable on or before the 1st day of
January, 1960, and the remainder of said installments shall be due
and payable successively on or before the · lst day of January,
in each year thereafter until paid in ~ull , with interest on the
unpaid principal amount at the rate of 5 .50% per annum, commencing
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on the d ate of publication of this o rdinance by title f ollow i ng
final p a ssage, and payable each year at the time of paying in-
stallments of assessments.
Section 3. Penalty for Default or Non-Payment. Failure
to pay any installment, whether of principal or interest, when due
shall cause tt.e whole of the unpaid principal to become d ue and
payable immediately, and the whole amount of the unpaid principa l
a nd accrued interest shall thereafter draw interest at the rate of
one per centum (1%) per month, or fraction of a month, until the
d ate of tax sale, as provided by law. At any time prior to the
date of the tax sale, the owner may pay the amount of all unpaid
installments with interest at the rate of one per centum (1%) per
month, or fraction of a month, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if default had not been suffered. The
owner of any property not in default as .to any installment or
payment may, at any time, pay the whole of the unpaid principal
with accrued interest to the date of the next assessment install-
ment payment date.
·sect ion 4. Discount on Payment of Assessments. Pay-
ments may be made to the Director of Finance at any time within
thirty days after the final publication of this Ordinance, and an
allowance of five per centum (5%) will be made on all payments
made during such period, but not thereafter. The discount of 5%
shall apply to all such payments, whether the payment is the
entire amount of assessment due, or a part of the assessment~
Immediately after the expiration of such thirty day period, the
a s sessments shall be certified to the County Treasurer of Arapahoe
County, Colorado, for collection,-as provided by law.
Section 5. Asses'sment Lien. All assessments levied
against the real property in Paving District No. 25, together with
all interest thereon and penalties for default in payment thereof,
and all costs in collecting the same, shall constitute, from
the date of the final publication of this ordinance, a perpetual
lien in the several amounts assessed against ·each lot or tract of
land. such lien shall have priority over all other liens except
general tax 1 iens, and s hall be e n f orced in accordance with the
l a ws of the S tate of Colorado.
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If any tract of real property included within
Paving District No. 25 is hereafter divided or subdivided into
two or more such tracts or parcels, the Director of Finance, with
the assistance of the Director of Public Works, is hereby auth-
orized and directed to divide the assessment against . such tract in
the same proportion that the tract itself is subdivided into two
or more such parcels, and to certify the revised assessments
to the County Treasurer of Arapahoe County, Colorado.
Section 6. Payment of Special Assessment Bonds. The
amount of assessments 'herein levied against the property specially
benefited, in the total amount of $663,293.03 will be in an amount
sufficient for the payment of the outstanding bonds previously
issued for Paving District No. 25, dated June 1, 1978, in the
principal amount of $767,000 •
.Section 7. Severability. That if any one or more
sections or parts of this Ordinance shall. be adjudged unenforce-
able or invalid, such judgment shall not affect, impair or in-
validate the remaining provisions of this Ordinance, it being the
intention that the various provisions hereof are severable.
Section 8. Emergency Provision. By reason of the fact
that bonds of Paving District No. 25 are now outstanding and that
interest thereon will shortly become due and payable, funds must
be made available from assessments at the earliest possible
date for payment of such interest, and for the immediate pre-
servation of the public property, health, peace and safety, it is
hereby declared that an emergency exists and that this Ordinance
shall take effect upon its final passage.
Section 9. Repealer. All ordinances, or parts thereof,
in conflict herewith are hereby repealed.
Section 10. Hearing. In accordance with the City
Charter and the Municipal Cod~ of the City, the City Council shall
hold a public hearing on thi ~ ordinance, before final passage at
7:30 p.m. or at such later time on May 14, 1979, as Council is able
'to hear it in its normal course.
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Section 11. Publication and Effective Date. This
Ordinance, after its final passage, shall be numbered and record-
ed, and the adoption and publication shall be authenticated by the
signature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, and by the Certificate of Publication. This
ordinance shall take effect immediately upon final passage and
shall be published within seven days thereof.
INTRODUCED AND READ this 2nd day of April, 1979.
Mayor
( S E A L )
ATTEST:
Director of Finance
FINALLY AND ADOPTED this day of --------• 1979.
Mayor
ATTEST:
Director of Finance
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J3Y AUTJJOHl'J.'Y
ORD INAN CE NO.
SERIES OF 197.~9------
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COUNCIL BILL NO. 22
INTRODUCED DY
Councilman Clayton
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEM ENTS MADE IN PAVING
DISTR ICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO ; APP ROVING AND
CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID CO ST AGAINS 'l' EACH LOT OR
TRACT OF L\ND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECT ION
AN D PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 3, Series of 1978, finally
passed and adopted on March 6, 1978, the City Council has created
Paving District No. 25, within the City of Englewood, for the
purpose of constructing and installing street and alley pa·1ing,
curb, gutter and sidewalk improvements, together with necessary
incidentals, on certain streets and al.leys within the City;
and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the. City and the whole cost of
such improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the im~rovements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said intin·ove:ment:. i::;
the amount. of $899,568.76 of which amount the · City of Englewood will
pay $236,275.73 leaving $663,293.03 to be assessed against the real
property in the District, said amount including costs of inspec-
tion, c ollection and other incidentals and also including interest
as allowe d by law; and
WHEREAS, from said statement it also appears that the
City Council has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said property and in the pr~portions and amounts
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severally se t forth in Exhibit A attached to this Ordinance;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Confirmation of Assessment Roll. That the
whole cost and apportionment of the saiue is hereby approved and
confirmed, and said apportionment is hereby declared to be in
accordance with the special benefits which the property in the
District will receive by reason of the construction of said
improvements , and a share of said cost is hereby assessed to and
upon each lot or tract of land within the District in the pro-
portions and amounts as set forth in the assessment roll, attached
her eto as Exhibit A.
Section 2. Payment of Assessments. That the assess-
ments shall be due and payable at the office of the Director of
Finance of the City of Englewood, within thirty days after
the final publication of this Ordinan~P., without demand; provided
that all such assessments may,. at the election of the property
owner, be paid in installments, with interest as hereinafter
p~ovided. Failure to pay the whole assessment within said period
of thirty days shall be conclusively considered and held an
election on the part of all persons :nterested, whether under
disability or otherwise, to pay in said installments.
Such election shall be conclusively held and
considered as a waiver of any right to ques~ion the power or
jurisdiction of the City of Englewood to construct the improve-
ments, the quality of the work, the regularity or sufficiency of
the proceedings, or the validity or the correctness of the as-
sessments, or the validity of the lien thereof.
In the event of such election to pay in install-
ments, .the assessments shall be payable at the office of the
County Treasurer of Arapahoe County, Colorado in ten (10) equal
annual installments of principal, the first of which installments
of principal shall be due and payable on or before the 1st day of
January, 1980, and the remainder of said installments shall be due
and payable successively on or before the · lst day of January,
in each year thereafter until paid in ~ull, with interest on the
unpaid principal amount at the rate of 5.50% per annum, commencing
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on t he date of publicat ion of th is ord inance by title fo llo wi ng
final passage , and payable each year at the time of paying in-
stallments of assessments.
Section 3 . Penalty for Default or Non-Payment. Fa ilure
to pay any installment, whether of principal or interest, when due
shall cause tt.e whole of the unpaid principal to become due and
payable immediately, and the whole amount of the unpaid principal
and accrued interest shall thereafter draw interest at the rate of
one per centum (1%) per month, or fraction of a month, until the
date of tax sale, as provided by law. At any time prior to the
date of the tax sale, the owner may pay the amount of all unpaid
installments with interest at the rate of one per centum (1%) per
month, or fraction of a month, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if default had not been suffered. The
owner of any property not in default as .to any installment or
payment may, at any time, pay the whole of the unpaid principal
with accrued interest to the date of the next assessment "install-
ment payment date.
Sect ion 4. Discount on Payment of Assessments. Pay-
ments may be made to the Director of Finance at any time within
thirty days after the final publication of this Ordinance, and an
allowance of five per centum (5%) will be made on all payments
made during such period, but not thereafter. The discount of 5%
shall apply to all such payments, whether the payment is the
entire amount of assessment due, or a part of the assessment!
Immediately after the expiration of such thirty day period, the
assessments shall be certified to the County Treasurer of Arapahoe
County, Colorado, for collection,· as provided by law.
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Section 5. Assessment Lien. All assessments levied
against the real property in Paving District No. 25, together with
all interest thereon and penalties for default in payment thereof,
and a l l costs in collect ing the same , shall constitute, fro m
the date of the final publication of this ordinance, a perpetual
lien in the several amounts assessed against 'each lot or tract of
land. Such lien shall have prior ity over all other liens except
general tax 1 iens, and shall be enfo rced in accordance with the
laws of the S tate of Colorado.
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If a ny tract of real property included within
Paving District No. 25 is hereafter divided or subdivided into
two or more such tracts or parcels, the Director of Finance, with
the assistance of the Director of Public Works, is hereby auth-
orized and directed to divide the assessment agai n st such tract in
the same proportion that the tract itself is subdivided into two
or more such parcels, and to certify the revised assessments
to the County Treasurer of Arapahoe County, Colorado.
Section 6. Paym e nt of Special Asse ssment Bonds. The
amount of assessments 'herein levied against the property specially
benefited, in the total amount of $663,293.03 will be in an amount
sufficient for the payment of the outstanding bonds previously
issued for Paving District No. 25, dated June 1, 1978, in the
principal amount of $767,000 •
.Section 7. Severability. That if any one or more
sections or parts of this Ordinance shalL be adjudged unenforce-
able or invalid, such judgment shall not affect, impair or in-
validate the remaining provisions of this Ordinance, it being the
intention that the various provisions hereof are severable.
Section 8. Emergency P ro v ision. By reason of the fact
that bonds of Paving Di strict No. 25 are now outstanding and that
interest thereon will shortly become due and payable, funds must
be made available from assessments at the earliest possible
date for payment of such interest, and for the immediate pre-
servation of the public property, health, peace and safety, it is
hereby declar ed that an emergency exists and that this Ordinance
shall take effect upon its final passage.
Section 9. Repealer. All ordinances, or parts thereof,
in conflict herewith are hereby repealed.
Section 10. Hearing. In accordance with the City
Charter and the Municipal Cod~ of the City, the City Council shall
hold a public hearing on thi ~ ordinance, before final passage at
7:30 p.m. or at: such lat:er time on May 14, 1979, as Council is able
t:o hear it in its normal course.
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Section 11. Publicat ion and Effective Date . This
Ordinance, after its final passage, shall be numbered and record-
ed, and the adoption and publication shall be authenticated by the
signature of the Mayor and the Direc tor of Finance, ex-officio
City Clerk-Treasurer, and by the Certif icate of Publication . This
ordinance shall take effect immediately upon final passage and
shall be published within seven days thereof.
INTRODUCED AND READ this 2nd day of April, 1979.
Mayor
( S E A L )
ATTEST:
Director of Finance
FINALLY AND ADOPTED this day of --------• 1979.
Mayor
ATTEST:
Director of Finance
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B Y AU'l'I10Hl'l 'Y
ORDIN AN CE NO.
SER I ES OF 197 ~9------
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COU NCI L BI LL NO. 22
INT RO DUCED nY
Councilman Clayton
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVIN G
DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV ING AND
CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND
IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINS'l' EACH LO 'l' OR
TRACT OF ~\NO IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION
AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY.
WHEREAS, by Ordinance No. 3, Series of 1978, finally
passed and adopted on March 6, 1978, the City Council has created
Paving District No. 25, within the City of Englewood, for the
purpose of constructing and installing street and alley pa·1ing,
curb, gutter and sidewalk improvements, together with necessary
incidentals, on certain streets and al.leys within the City;
and
WHEREAS, the improvements authorized by said Ordinance
have been completed and accepted by the· City and the whole cost of
such improvements has been determined; and
WHEREAS, an assessment roll has been prepared and a
statement showing the total cost of the im~rovements has been duly
filed with the City Council; and
WHEREAS, from the statement made and filed with the City
Council, it appears that the whole cost of said illl i)J:Ovcm ent:.. i::;
the amount of ~899,568.76 of which amount the .City of Englewood will
pay $236,275.73 leaving $663,293.03 to be assessed against the real
property in the District, said amount including costs of inspec-
tion, collection and other incidentals and also including interest
as allowed by law; and
WHEREAS, from said statement it also appears that the
City council has apportioned a share of the whole cost to each lot
or tract of land in the District, in accordance with the benefits
to be derived by said property and in the proportions and amounts
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s ev e r a ll y set fort h i n Exh i bi t A atta c h e d to t his Ordinance;
BE I T ORDAINED BY . TH E CI TY COUNCI L OF T HE CITY OF
ENGLEW OO D, COLORADO:
Section l. Confirmation o f Asses sment Ro ll . Th a t t he
who le cos t and apportionment of the saaue ·is hereby ap p roved and
confirmed, and said apportionment i s h e r eby de c lare d t o be in
accordanc e with the special benefit s which th e property in the
Dist r ict will receive by reason of the construction of s aid
improvements, and a share of said cost is hereby assessed to and
upon each lot or tr~ct of land within the District in the pro-
portions and amounts as set forth in the assessment roll, attached
hereto as Exhibit A.
Sect ion 2. Payment o f Assessments. That the assess-
ments shall be due and payable at the office of the Director of
Finance of the City of Englewood, within thirty days after
the final publication of this OrdinancP., without demand; provided
that all such assessments may,. at the election of the property
owner, be paid in installments, with interest as hereinafter
provided. Failure to pay the whole assessment within said period
of thirty days shall be conclusively considered and held an
election on the part of all persons :nterested, whether under
disability or otherwise, to pay in said installments.
Such election shall be conclusively held and
considered as a waiver of any right to question the power or
jurisdiction of the City of Englewood to construct the improve-
ments, the quality of the work, t he regularity or sufficiency of
the proceedings, or the validity or the correctness of the as-
sess ments, or th e validity of the l ien thereo f .
In the event of su ch election to pay in install-
men t s, .t h e assessments sh.all b e payable at the office of the
County Treasurer of Arapahoe County, Colorado in ten (10) equal
ann ual i nstallments of principal, th e first o f which installments
of principal shall be due and payable on or before the lst day of
Jan uary , 1980, and the remainder o f said installments shall be due
and p ayable successively on or before the · lst day of January,
in each year thereafter until paid i n ~ull, with interest on the
un pa i d principal amount at the rate o f 5.50% per annum, commencing
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on the date of pub ication of th1s o dinance by t itle follo wing
final passage, and payable each ye ar at the time of paying in-
stallments of assessments.
Section 3 . Penalty fo r Def ault or No n-Pa ymen t . Failure
to pay any installment, whether of principal or interest, when due
shall cause tt.e whole of the unpaid principal to become d ue and
payable immediately, and the whole amount of the unpaid princ1pal
and accrued interest shall thereafter draw interest at the rate of
one per centum (1%) per month, or fraction of a month, until the
date of tax sale, as provided by law. At any time prior to the
date of the tax sale, the owner may pay the amount of all unpaid
installments with interest at the rate of one per centum (1%) per
month, or fraction of a month, and all penalties accrued and shall
thereupon be restored to the right thereafter to pay in install-
ments in the same manner as if default had not been suffered. The
owner of any property not in default as .to any installment or
payment may, at any time, pay the whole of the unpaid principal
with accrued interest to the date of the next assessment install-
ment payment date.
Section 4.
ments may . be made to
thirty days after the
Discount on Payment of Assessments. Pay-
the Director of Finance at any time within
final publication of this Ordinance, and an
allowance of five per centum ( 5%) will be made on all payments
made during such period, but not thereafter. The discount of 5%
shall apply to all such payments, whether the payment is the
entire amount of assessment due, or a part of the assessment~
Immediately after the expiration of such thirty day period, the
assessments shall be certified to the County Treasurer of Arapahoe
County, Colorado, for collection,· as provided by law.
Section 5. Asses.sment Lien. All assessments levied
against the real property in Paving District No. 25, together with
all interest thereon and penalties for default in payment thereof,
and all costs in collecting the same, shall constitute, from
the date of the final publication of this ordinance, a perpetual
lien in the several amounts assessed against 'each lot or tract of
( land. Such lien shall have priority over all other liens except
general tax liens, and shall be enfo rced in accordance with the
laws of the State of Colorado.
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If any tract of real p ope ty included within
Paving District No . 2 5 is h erea fter di vide d or subd ivided into
two or more such tracts or par cels, the Director of Fi nance, with
the assistance of the Director of Public Works, is hereby auth -
orized and directed to divide the assessment a ga inst such t r act in
the same proportion that the trac t itself is subdivided into two
or more such parcels, and to certify t he r evised assessments
to the County Treasurer of Arapahoe County, Colorado .
Section 6. Payment of Spe c ial Assessment Bonds. The
amount of assessments 'herein lev ied against the property specially
benefited, in the total amount of $663,29 3.03 will be in an amount
sufficient for the payment of the outstanding bonds previously
issued for Paving District No. 25 , dated June 1, 1978, in the
principal amount of $767,000 •
.Section 7. Sever a bi lity. That if any one or more
sections or parts of this Ordinance shalL be adjudged unenforce-
able or invalid, such judg me nt shall not affect, impair or in-
validate the remaining provisions of this Ordinance, it being the
intention that the various provisions hereof are severable.
Section B. Emergency Provision. By re ason of the fact
that bonds of Paving District No. 25 are now o utstanding and that
interest thereon will shortly become due and payable, funds must
be made available from assessment s at the earliest possible
date for payment of such interest, an d for the immediate pre-
servation of the public property, health, peace and safety, it is
hereby declared that an emergency exists and that this Ordinance
shall take effect upon its final pa sage.
Sectio n 9. Repeale r. All o di n ances, o r parts thereof,
in conflict herewith a re hereby repealed .
Se ction 10. Hearing. In a cordance with the City
Charter and the Municipal Code of the C ity, the City Co uncil shall
hold a public hea ring on thi.: ordinance, before final pas sage at
7:JO p.m . o.c tit: such lac:er time on May 14, 1979 , as Council is able
'c:o hear it: in its normal course .
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Section 11. Publication and Effective Date. This
Ordinance , after its final passage, shall be numbered and record-
ed, and the adoption and publication shall be authenticated by the
signature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, and by the Certificate of Publication. Thi~
1
ordinance shall take effect immediately upon final passage and
shall be published within seven days thereof.
INTRODUCED AND READ this 2nd day of April, 1979.
Mayor
(SEAL)
ATTEST:
Director of Finance
FINALLY AND ADOPTED this ___ day of --------• 1979 .
Mayor
ATTEST :
Director of Finance
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4525 S o. Pearl Street
Englewood , Colo . 8 0110
Mr. William D. J ames
Director of Finance
June 11, 1979
The City of Englewood
3400 S. Elati Street
Englewood, Colorado 8 0110
Re : Englewood Paving District No .25
4500 Block , South Pearl Street
(Lots 43-44 , Block 5l ,South Broadway Hts.
Bill for $418.78 )
Dear Sir:
We receiv ed a bill in the amount of $4 1 8 .78 for the paving of
the 4500 block of South Pear l S t reet from your office . The
billing s upposedly covers pa rt of the street immediately in
front of our pro pe rt y .
I would like to reg ister a protest against the billing for the
paving of the street.
I attended a protest meetin g o f our b lock at which various p oints
regarding this situation were disc ussed by the neighbors , and
I agree with them f u lly :
1)
2)
3)
Inadequate noti f i cation o f the City 's p lan to pave the street .
No prior personal notification befor e the fact of the paving
of the street.
The amoun t of t he bill seems exhorbi tant. An explanation
of the amount seems necessary .
4) The nece ssity of a taxpayer to be b illed for the paving of
a public road seems improper .
5) Any amount of interest to pay for a bill for a public roadway
seems highly questionable.
6) A guarantee is needed tha t no subseque nt road paving will be
billed to the home owners within the lOyear period of payi ng
for the present bill .
This letter is to serve as a written pro test of one of the home
owners billed. Ho wever, ·according to the meeting I attended,
the other homeown ers feel just a s strongly about this matter.
Very t r uly y ours,
~__.~ J/1, z!-~
R E Ct. /I~ii'pe M. L:J renz
'1. I 1 1 197 9
DEPT . OF F!.! ' ;
ENG LE'i.i0j
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ORDINANCE NO. '}'~
SERIES OF 197~9~-----
BY AUTHORITY
COUNCIL BI LL 0 . 29
INTROD UCED BY
COUNCILMAN SMITH
AN ORDINANCE VACATING A PORTION OF THE EXISTING S TR EET RIGHT OF WAY
IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF
BLOCKS 1 AND 2 , OF YEAGER'S SUBDIVISION OF BLOCK 4, VERONA PLACE , ARAPAHOE COUNTY, COLORADO .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD , COLORA DO, as follows:
Section 1.
The hereinafter described property located in the Ci ty of
Englewood, Arapahoe County, Colorado, be and the s ame is hereby
declared vacated pursuant to the provisions of Part 3, Art icle 2,
of Title 43, Colorado Revised Statutes, 1973, as amended, and title
thereof shall vest in the owners of the abutting land as provided
in said Article; said vacated land being particularly described a s follows:
(1) The East 5 feet of Lot 2 and the We st 10 .7 feet of
Lot 1, and the West 15.7 fe et of t h e East 30 feet
of Lots 27 and 28 and the East 5 f eet of Lot 25
and the West 9.2 f e et of Lot 26 , all in Block 1,
Yeager's Subdivision of Block 4, Verona Place,
containing 42 69 .75 square feet;
(2) The Ea st 5 feet of Lot 2 and the West 9 .2 feet of
Lot 1 and the West 15.7 feet of the East 30 feet
of Lots 27 and 28, all in Block 2, Yeage r's
Subdivision of Block 4, Verona Place, c ontaining
2543.2 5 square feet;
(3) Beginning at a point 5 feet West of the SE corner
Lot 25, Block 1, Yeager's Subdivision o f Bloc k 4,
Verona Place ; thenc e South 30 feet to a point
5 feet West of the NE co rn er Lot 2 , Block 2 ,
Yeager's Subdivision of Block 4, Verona Pla ce ;
the nc e East 14.2 feet a lo ng the Nor th line of
Lots 2 and l; then ce North 30 feet to the Sou th
line of Lot 26, Block 1, Ye ager 's Subdivision of
Block 4 , Verona Place; thence alo ng the South line
of Lots 26 and 25, 14.2 feet to point of beginning,
containing 426.00 square feet ;
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(4) Tha t p ortion of a 15-foot alley which is adjacent
to the We st 1 5 .7 feet of the East 30 fe t of
Lot 27, Block 2, Ye a ger 's Subdivision of Bloc k 4,
Verona Plac e, City o f Eng l e wood , Ar apahoe Co unty ,
Colorado, c ontaining 235 .5 s quare feet .
Sec tion 2.
The hereina b ove des c ribe d l and i s located e ntire l y wi t h i n
the City of Englewood and does not constitute a boundary line
between the City o f Engle wood an d a n y othe r c ounty or other municipality.
Section 3.
The vacation of the he r einabov e d e s c ri bed p ro pe rt y will
not leave any adjoining l an d wi t h o ut an e stab lis hed publi c r oad
c onnecting said land wi t h anoth e r e stab lished p ubl ic r o ad.
Section 4.
The City of Engl e wood does he r eby exp r es sly r e s e rve t h e
rights of way or eas e ments for the c ontinue d use of existing
sewer, gas, water, or similar type line s and appurte n a n c es, and
for ditches or canals and a ppurten a nc e s, f o r e l ec tri c , t e l e phon e
and similar lines and appurtenanc e s, if any , n ow locate d in the
hereinabove describe d p arcel vacate d.
Introduced, read in full, and pass e d on f i rst reading on the 4th day of June, 1979.
Published as a Bill for an Ordinance o n the 6th da y o f Jun e , 1979.
Re ad by title a nd p ass ed on final r ead ing o n t h e 18 t h day of June , 1 979.
Publishe d b y title as Ordinance No . ,Se r ie s of 1979 , on t he _______ day of J un e , 1 979 . ------
At t e s t:
Mayor
e x o ff ic 1o C1ty Cl e rk-Treasure r
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I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance passed on final reading and published by title a s Ordinance No. _____ , Series of 1979.
ex officio City Clerk-Treasurer
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BY AUT HORITY
ORDIN ANCE NO.
SERI ES OF 197n9-------COU NCIL BI LL NO. ~9
INTRODUCED BY
COUNCILMAN SMITH
AN ORDINAN CE VA CAT ING A PO RT I ON OF THE EXISTING STREET RI GHT OF WAY
IN THE 350 0 BLO CK ON SOUTH MARI ON STR EET, ADJACENT TO AND EA ST OF
BLOCKS lAND 2 , OF YEAGER 'S S UBD I VISION OF BLOCK 4 , VE RONA PLACE, ARAPAHOE COUNTY , COLORADO.
BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF E GLE WOOD, COLORA DO, a s follows:
Section l.
The hereinafter d esc ribed property located in the City of
Englewood, Arapaho e County, Colorado , b e and the same is hereby
declared vacated pur suan t to the provisions of Part 3, Arti c l e 2,
of Title 43, Colorado Revised Statutes, 1973, as amended, and tit le
the reof shall vest in the owners of the abutting land as provided
in said Article; said vaca ted land being p articularly described as f ollo ws:
(1) The East 5 fe et o f Lot 2 and the West 10.7 fe et of
Lot 1, and the West 15 .7 feet of the Eas 30 feet
of Lots 27 and 28 and the East 5 feet of Lot 25
and the West 9.2 feet of Lot 26, all in Block 1 ,
Yeager's Subdivision of Block 4, Verona Place,
conta ining 4269.7 5 square fe et;
(2) The East 5 feet of Lot 2 and the We st 9.2 fe e t of
Lot 1 and the West 15.7 feet of he Eas t 30 feet
of Lots 27 and 28, all in Block 2, Yeager 's
Subdivision o f Bl ock 4, Veron Place, containing
2 5 43.2 5 square feet;
(3) Beginning at a point 5 feet We st of the SE corne r
Lot 2 5 , Block l , Y ager's Subdivision of Block 4,
Verona Place; thence South 30 feet t o a point
5 feet West of the NE corner Lot 2 , Block 2 ,
Yeager 's Subdivision of Block 4, Verona Place;
thence East 14 .2 feet along the Nort h line of
Lots 2 a nd 1; thence North 30 feet to the South
line of Lot 26, Block l, Yeager 's Subdivision of
Block 4, Verona Place; hence along the South line
of Lots 26 and 25 , 14 .2 feet to point of beginning ,
containing 426.00 square feet; I •
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(4) That p or t ion o f a 15-foot alley which 1 s a d Ja c ent
to the West 1 5 .7 f eet o f the East 3 0 fe t o f
Lot 27 , Block 2, Yeage r's S ubdivis i on o f Block 4 ,
Ve rona Place , City o f Englewood , Arapa hoe Co unty,
Colorado , containing 2 35 .5 square fee t.
~ectio n 2 .
Th e h ereinabove descri bed land is loc ated entirely withi n
the City of En g l e wood a~d does not constitute a boundary line
betwee n the City of Engle wood and any othe r county or o ther
municipa lity.
Section 3.
The vac ation of the herein a bove described prope rty wi ll
not leave any adjoining land without an e stabl i shed public r oa d
conn ecting said land with another establish ed p ubli c road.
Section 4.
The C ity of Englewood does h e r e by e xpressly r ser ve the
rights of way or easements for the c ontinued use of exist ing
sewer, gas, wate r , or similar t ype lines and appurte n a n ces , a nd
for ditches or cana ls and appur t n a n ce s , for e lec tr i c, t e l e p hone
and similar lines and appurtena nce s, if an y , now loc at e d 1 n he
hereinabove d e scribed p arcel vac ated.
Introd uc ed, r ead in full, and pass e d o n f1rs t reading on
t he 4th day of Jun e , 1979.
Published as a Bill fo r an Ordinan ce on the 6 t h da y of
J une, 19 79.
Read by title and pass ed on f inal rea din g on t h e 1 8th day of June, 1979.
Published by ti t le as Ordinan ce No. ,Serie s o f 19 79,
o n the ______ day of June , 1 9 79. ------
Attest: Mayor
ex off1c1o C1ty Clerk-Treasurer
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I, William D . James, do hereby certify that the above
and foregoing is a true, accurate and c ompl e te copy of the
Ordinance passed on final reading and published by title a s
Ordinance No. , Series of 1979.
ex o fficio City Cle r k -Treasurer
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BY AUTHORITY
ORDINANCE NO. y W
SERIES OF 1979 COUNCIL BILL NO. 28
INTRODUCED BY
COUNCILMAN MANN
AN ORDINANCE APPROVIN G AN AGREEMENT TO STUDY METHODS TO UTILIZE
CITY OF ENGLEWO OD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE
THE GRANTIN G OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS
RAW WATER BY MISSION VIEJO COMPANY.
WHEREAS, by Agreement of October 21, 197 8 , the City of
Englewood (Engl e wood) and Mission Viejo Company (Company) have
jointly studied and analyzed Englewood water rights; and
WHEREAS, the result of said study indicates that Englewood
has a substantial surplus of raw water in excess of Engl e wood's
water require ments; and
WHEREAS, Section 124, Article XIII, of the Englewood Home
Rule Charter provides:
"Council shall have the power to enter into
contracts for sale of water or water services,
both in and outside the city, whenever it
dete rmines that the water supply available
exceeds that necessary for the present needs
of the inhabitants of the City, said contracts
f o r water and water s e rvices , to b e subject
to the present and future needs and require-
ments of the City and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
A. That the City of Englewood shall enter into an agreement,
marked Exh ibit 1, which provides as follows:
(1) That a letter agreement of October 31, 1978, attached
hereto and incorporated herein by reference, marked Exhibit B,
between En glewo od and Company is hereby ratified and approved, said
agreement providing general ly as follows:
(a) Engineers for Englewood and Company shall
conduct a Phase I study to determine the quantity, utility and
value of Englewood excess raw water, which study has been completed
and reviewed.
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(b) Upon election of Englewood or Company , a
Phase II report may be requested, which report shall includ e
provi sions for ascertaining the value of Englewood's exc e ss wa t e r
and utilization of excess raw water by Company.
(c) That Englewood shall not offer for s a l e ,
lease or exchange any of its excess raw water for a period of
eighteen (18) months after completion of the Phase II study,
although nothing in said October 31, 1978 agreement shall pre-
v en t Englewood from entering into short-te rm leases not exceedin g one year.
(d) Should Englewood rec eive a bona fide offer
for sale, lease o r exchan ge of Englewood wat er which it desires
to accept, Englewood shall notify Company, and Company shall
have the first right to purchase said water under the same terms and
conditions during the fifteen (15) months after notification by
Englewood or the expiration of eighteen (18) months after com-
pletion of Phas e II, whi che ver is first.
B. That Company agrees to pay Englewood On e Hundred Thousand
Dollars ($100,000), up to Fifty Thousand Do ll ars($50 ,0 00) of which is
to be used for completi on of Phase II study described in the
October 31, 197 8 letter. Fifty Thousand Dollars ($50,000) shall
be consideration for Englewood granting to Company the exclusive
right and option to leas e , within eigh teen (18) months after
completion of Phase II study , excess water described in Camp,
Dresser and McKee report dated February 28, 1979, acknowledged to
be at least 5,000 acre feet per year.
Summary of said Camp, Dresser and McK ee report is that
Englewood has enough raw water to supply a popul ation of 50 ,000,
60,000 or 70,00 0 with an e xcess yield of approximately 6,300 -
14,600, 5,000-13,200 and 3,600-11,900 acre feet per year ,
respectively , during a drought period.
C. Englewood, after consulting with Company, shall select
an engineering consulting firm or firms to proceed wi th Phase II,
which study shall be completed not later than November 2 , 1979.
D. That Phase II study shall include a summary of water
requirements, description of existing facilities, identification
of water sources, Englewood and Highlands Ranch demands through
Union Avenue intake, alternative operations and facilities,
evaluation of alternatives from a standpoint of economics , bene-
fits and risk factor and an opinion of legal attainability.
E. Phase II shall also include an analysis of the institu-
tional arrangements to provide for a lease agreement between the
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parties fo r an initial twenty-(20) year perio d with a d d itio nal
r enewal fo r thre e (3) successive twent y-(20 ) year periods a nd
payment of fai r and equitable lease payments and other f ina ncing
arrangements.
F . Englewood and Company understand that En g l e wood 's exc es s
wa t e r rights are principally direct flow rights and are seasona bly
variable, but at the discretion of Englewood, the dire ct f low
rights may be supplemented from other rights to assure Company of
a minimum of 5,ooa acre feet annually, subject to present and
future needs and requirements of Englewood and its inhabitants.
G. Should Company fail to exercise its option to purchase
Highlands Ranch, or Denver Water Board, directly or throug~ its
distributors, elects to serve Company Highland Ranch with water,
the Fifty Thousand Dollars ($50,000) paid by Company as earnest
money for option to lease, shall be refunded to Company and all
further obligations of the parties to each other terminated.
Englewood shall retain the sums necessary to pay for Phase I study
and to satisfy all obligations incurred up to Fifty Thousand
Dollars ($50,000) as a result of undertaking Phase II study.
Section 2.
The Ci ty Council of the City of Englewood, Colorado, hereby
authorizes the Mayor of the City of Englewood and the Director of
Finance, ex officio City Clerk-Treasurer, to sign and attest an
agreement between the City of Englewood, Colorado, and Mission
Viejo Company, marked Exhibit 1, attached hereto and incorporated
by reference.
Introduced, re ad in full and passed on fi rs t r eadi ng o n the
4th d a y o f J un e , 1979 .
Publ i shed a s a Bi ll fo r an Ord i nance o n the 6th day of
Jun e , 1 9 79.
Read by title and passed on final reading on the 18th day
of June , 1979 .
Published by title as Ordinance No. ______ , Series of 1979,
on the day of June, 1979.
Attest: Ma yor
(_ ex officio City Clerk-Treasurer
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I, William D. James, do hereby certify that the above
and foregoing is a true , acc urate and complete copy of the
Ordinance passed on final reading and published by title as
Or dinance No. , Series of 1979 .
ex officio City Clerk -Tre asurer
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M ISSION VIE;JO
COMPANY
May 22·, 19 79
Ci ty of Englewood
34 00 South Elati Street
Eng lewood, Colorado 80110
Gentlemen:
Exhibit 1
By letter agreement dated October 31, 1978, Mission Viejo Company
(Company), and the City of Englewood (Englewood) jointly com-
mitted to the study and analysis of Englewood water ri gh ts in
e xcess of its water requirements which might b e available for
utilization at the Highlands Ranch in Douglas county, Colorado.
The October 31, 1978, letter agreement contemplated a two phase
analysis of Englewood water rights and requirements, the first
phase of which was to determine the excess wate r available to and
own ed by Englewood, if any, and the second phase of which was t o
determine methods for utilizatio n of any excess water by Mi ss ion
Viejo Company at the Highlands Ranch.
Th e first phase study has been completed by Camp , Dresser &
McK ee, Inc., as evidenced . by a report dated February 28, 197 9,
entitled "Estimation of Yield of Water Rights". A copy of the
report is attached hereto as Exhibit A, and incorporated herein
by reference, and Englewood and Company acknowledge that the
report has been completed in accordance with the provisions of the
October 31 , 1978, letter agreement.
The report indicates that Englewood has a substantial surplus of
water rights in excess of its water requirements which may be
ut ilized by Mission Viejo Company in its development of Highlands
Ran ch. Therefore, Englewood and Company wish to proceed to the
second phase study. Accordingly:
1) Englewood and Company ratify and reconfirm the October 31,
1978, letter agreement, and acknowledge that its provisions con-
tinue to be binding and enforceable upon the parties, except as
ex pressly modified herein.
2) Com pany herewith agrees to pay to Englewood One Hundred Thou-
sand Dollars ($1 00,000.00), not to exceed Fifty Thousand Dollars
($50,000.00) of which shall be paid as bills are incurred by
Englewood for completion of the phase two study as defined and
7400 SOUTH ALTON· ENGLEWOOD· COLORADO 80110 • 303/770 -77 50
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City of Englewood
May 22, 1979
Page Two.
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described in the October 31, 1978, letter agreement and as
further refined and specified in Exhibit B attached her e to and
incorporated by reference. The balance of Fifty Thousand Dollars
($50,000.00) tendered herewith shall constitute additional con-
sideration for the exclusive right and option of Company to lease,
within eighteen (18) months of completion of the phase two study,
excess Englewood water described in the phase one Camp, Dresser
& McKee report (Exhibit A) , acknowledged by Englewood and Company
to be at least 5,000 acre feet per year.
3) Englewood shall authorize an engineering consulting firm or
firms, selected by Englewood after consultation with Company, to
proceed promptly with the phase two study, as described in Exhibit
B, which shall be completed not later than November 2, 1979.
4) Englewood and Company agree that the phase two study shall
also include analysis of institutional arrangements to provide a
framework for a binding lease contract of twenty (20) years with
additional renewal options for three successive twenty (20) year
periods vested in the lessee, and the payment of fair and equitable
lease payments, and other financing arrangements, for excess water
of Englewood to be used by Company. Englewood and Company shall
mutually agree on the institutional arrangements and the amount of
lease payments, and other financing arrangements, for the use of
excess Englewood water by Company.
5) Englewood and Company understand and acknowledge that the phase
two study will proceed on the premise that the Englewood surplus
water rights are principally direct flow water rights. Yields from
these rights are seasonably variable, and depend upon the availa-
bility and quantity of stream flows. At the discretion of
Englewood, the yield from trans-mountain or trans-basin water
rights may be supplied to supplement the yield from direct flow
river rights to assure Company a minimum of 5,000 acre feet of water annually.
6) Incorporated in the phase two study reports shall be legal
opinions from Raphael J. Moses (Company's water attorney) and
James D. Geissinger (Englewood's water attorney) concerning the
legal attainability of the alternatives identified in the phase two study.
7) If Comp any, its successors, transferees and assigns, shall
fail to exercise the option to acquire the Highlands Ranch, or if
the Denver Water Board shall assert the right to serve water to
the Highlands Ranch directly, or through one of its distributors,
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City of Englewood
May 22, 1979
Page Three.
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the Fifty Thousand Dollars ($50,000.00) paid by Company as earnest
money for the exclusive right and option to lease shall be
refunded and this agreement and the October 31, 1978 agreement
are terminated; otherwise, Englewood shall retain such funds as
consideration for the exclusive right and option of Company to
lease the surplus water described in the phas e one report, under
a lease agreement consistent with the provisions of thi s letter agreement.
If the foregoing conforms with your understanding, would you please
so indicate by executing the attached copy of this letter in the
appropriate places.
PJR:lc
APPROVED AND ACCEPTED:
CITY OF ENGLEWOOD
By
ATTEST: Mayor
City Clerk
DATE: , 1979.
APPROVED:
D~rector of Utilities
City Attorney
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October 31 1 1978
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Gentlemen:
E XHIB I T B·
From time to time, discussions have been held betwe en
representatives of the City of Englewood (Englewood ) and
Mission Viejo Company (Company) concerning water owned b y
Englewood which might be utilized to provide water at t he
Highlands Ranch in Douglas County, Colorado.
As you know, Company is developing a plan for a satellite
community at the Highlands Ranch, a component part of which
is a water supply and distr ibuLiun system.
The purpose of this letter is to clarify and confirm a
process by which water owned or controlled by Englewood may
be analyzed by the engineers for Englewood and Company to
determine the quantity of excess water available from Englewood,
if any, and methods by which t~e water can be delivered for
use on the Highlands Ranch.
Englewood h as provided Company a copy of a study entitled
"Comprehensive Water Rights Study" prepared by Blatchley and
Associates, for CH2M Hill, Inc. and transmitted to Englewood on October 31, 1975.
The water made the subject of this lett€r agreement are
the yields from the water rights described in Appendix c of
the Blatchley-CH2M Hill study, su~e~_9_1:1_q_ t<?.__~isting long
term leases executed by E!!Sllewood, -'-------··-. ~·--------~
The Blatchley-CH2M Hill Study contains the following con-clusion:
"the City of Englewood has surplus water rights
that .could be leased, sold or become part of a regional
service authority, with an appropriate reimbursement
for the capital investment of Englewood".
Englewood and Company estimate that the quantity of surplus
water owned by Englewood ranges from a minimum of 5,000 acre
feet to 10,000 acre feet or more.
7400 SOUTH ALTON • ENGLEWOOD • COLORADO 80110 • 303/770-7750
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,. C ity o f Englewood
October 31, 1978
P age 2
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Englewood and Company intend t o ascertain the quant i t y,
utility, and value of any surplus water as fol lows :
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1. Camp, Dresser and McKee, Inc, (engine er s f o r Englewood )
and Jack G. Raub Company (engineers for Company) have
agreed upon a scope of work to be performed u n der t h e
direction of Camp, Dresser and McKee, Inc, The sc ope of
work for Phase I -Investigation is attach ed heret o as
an exhibit, and incorporated herein, Th e ta s ks required
by sections I and II of the scope of wo rk s h a ll be performed
by Zorick-Erker Engineering, Inc. with assista n c e as
appropriate from Ronald K. Blatchley and David N , Church ,
the engineers responsible for preparation of the B1atch ley -
CH2M Hill Report, The tasks required by Sections III,
IV and V of the scope of work shall be performed by Ca mp,
Dresser and McKee, Inc., and within sixty (60) days fr om
the date of this letter agreement, a preliminary repor t
shall be completed by Camp, Dresser and McKee, Inc,, in-
corporating the findings of Zorick -Er ker Engineers, I n c.
and submitted to Jack G. Raub Company for review and
analysis. Upon request of City or Company the time of
completion described above may be extended thirty (30 ) da ys .
2. Camp, Dresser and McKee , Inc., (for Englewood) and
Jack G. Raub Company (for Company) shall review the report
and conciliate any differences which may arise concerning
the objective of producing, within ninety (90) days from
the date of this letter-agreement, a final report upon
which both engineering consultants have agreed. If Camp,
Dresser and McKee, Inc •. and Jack G. Raub Company cannot
agree, the report shall be completed by Camp, Dr esser and
McKee, Inc., with areas of disagreement noted i n a special appendix to the report.
3. Upon completion of the report, copi es shall be provided
to En g lewood and Company for review and analysis. For a
per i od o f s i xty (60) days after receipt of the compl eted
report, e ither Englewood or Company may e~t to request
, t;_he_ 9.ther._t;_~.tlAk!t .. t~ -~~-'<-9J1.d £_l!_a_s_e_ .. s.l:.u.sti~A e)~c.J:,!_15eq,
by-way o f example, in the document entitled, "Phase 2
Inve stig ation-Facility Analysis," attached to this letter
agreement. Both Englewood and Company commit and pledge i n
good faith to negotiate with each other concerning the
conduct of the second phase study, and concernir.g the
execution of appropriate contractual documents
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City of Englewood
October 31, 1978
Page 3
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for completion of the work, Th e con t ract for the second
phase of the study shall include provisions for ascer-
taining the value of Englewood's excess water based on
alternate concepts for storage, diversion, and tr eatment,
as well as procedures for exclusive utilization of su c h
water rights by Company. By negotiation and a greeme t,
Englewood and Company may enlarge or modify t he scop ~ of
the study to include matters not des cri bed hereln o r in
the attached exhibits.
4. E~glewood and Company acknowledge that until the
first phase report is completed, it would be prem ature
to negotiate the exact provisions of the contract for
phase two; however, Englewood and Company a g ree that the
essence of this agreement is to provide Engl e wo od and
Company a procedure for formalization of a contract when
further data is available. Accordingly, Englewood and
Company each pledge to the other the highest stand a r d of
good faith in their negotiations.
5. The cost of the first phase of the study is estimated
to be the aggregate amount of $30,000.00. Company agrees
to pay all of such costs: approximately $4,000.00
directly to Zorick-Erker, Engineering, Inc.; approximate ly
$4,500.00 to Jack .G. Raub Company; and approximately
$21,500.00 to Englewood for payment to Camp, Dresser and
McKee, Inc., Blatchley Associates, Inc, and James D.
Geissinger, attorney. In consideration thereof, En glewood
agrees it shall not offer for sale, lease or exchange,
nor in fact sell, lease or exchange any of its water ,
until three (3) months following compleli <.>n o£ the first
phase study, or, if undertaken, until eighteen (18) months
following completion of the second phase study, except
that short term leases not exceeding one y ea r may be
executed to assure utilization of Englewood's wat er during
the study periods.
If, during the periods when Englewood shall make no sale,
lease or exchange, as aforesaid, Englewood shall rece ive
any bona fide offer for the sale, lease, or exchange of
its water which it wishes to accept, it shall advise
Company , and until fifteen (15) months from the date of
such notifica~on, or until eighteen (18) months following
the cokpletion of the second phase study, whichever shall
first occur, Company shall have the first option to pur-
chase, lease or e xchange such water, upon the same t er.ms
and conditions offered Englewood,
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City of Englewood
October 31, 1978
Page 4
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If the foregoing conforms to your underst andings , would
you please so indicate by executing a copy of th i s l etter
agreement in the appropriate places.
PJR:lc
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APPROVED AND ACCEPTED
CITY OF ENGLEWOOD
ATTEST:_:~~~~~::::::;~~~~·!::::::::====---CltYCl~
DATE: _____ No_v_e_m_b_e_r_6----~----~ , 1978
vtf~~ APP ROVED: __ ~~~7~~·~l--~~--~-------~~~--
Director of Ut~lit~es
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BY AUTHORITY
ORDIN ANCE NO.
SERIES OF 19779 ____ _ COUNCIL BILL NO . 28
INTRODU CED BY
COUNCILMA N MANN
AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE
CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE
THE GRANTING OF AN OPTION TO PURC HASE CITY OF ENGLEWOOD EXCESS
RAW WATER BY MISSION VIEJO COMPANY.
WHEREAS, by Agreement of October 21, 197 8, the Ci ty of
Englewood (Englewood) and Mission Viejo Company (Company) have
jointly studied and analyzed Englewood water rights; and
WHEREAS, the result of said study indicates that Englewood
has a substantial surplus of raw water in excess of Engl e wood's water r equirements; and
WHEREAS, Section 124, Article XIII, of the Englewood Home Rule Charter provides:
"Council shall have the power to enter into
contracts for sale of water or water services,
both in and outside th e city , whenever it
determines that the water supply available
exceeds that necessary for the present needs
of the inhabitants of the City , said contracts
for water and water services, to be subject
to the present and future needs and require-
ments of the City and its inhabitants .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
A. That the City of Englewood shall enter into an agreement,
marked Exhibit 1, whi c h provides as follows:
(1) That a letter agreement of October 31 , 1978, attached
hereto and incorporated herein by reference, marked Exhibit B,
between Englewood and Company is hereby ratified and approved, said
agreement providing generally as follows:
(a) Engineers for Englewood and Company shall
conduct a Phase I study to determine the quantity , utility and
value of Englewood e xcess raw water, which study has been completed and reviewed.
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(b) Upon election of En g l ewood o r Company, a
Phase II report may be requested, which report shal l include
provisions for ascertaining the value of Engl e wood's excess wat e r
and utilization of excess raw water b y Co mpany.
(c) That Englewood shall not offer for sale ,
lease or exchange any of its excess r aw water for a pe r 1od of
eighteen (18) months after completion of the Phase II study ,
although nothing in said October 31, 1978 agreement shall pre-
vent Englewood from entering into short-term leases not exceedin g one year .
(d) Should Englewood receive a bona fide offer
for sale, lease or exchange of Englewood water which it desires
to accept, Englewood shall notify Company, and Company shall
have the first right to purchase said water under the same t e rms and
conditions during the fifteen (1 5) months after notification by
Englewood or the expiration of eighteen (18) months after com-
pletion of Phase II, whichever is first .
B. That Company agrees to pay Englewood One Hundred Thousand
Dollars ($100,000), up to Fifty Thousand Dollars($50,000) of which is
to be used for completion of Phase II study described in the
October 31, 1978 letter. Fifty Tho us a n d Dollars ($50,000) shall
be con sideration for Englewood granting to Company the exclusive
right and op tion to lease, within eigh te en (18) months after
comp letion of Phase II study, excess water described in Camp,
Dres s er and McKee report dated February 28, 1979, acknowledged to
be at least 5,000 acre feet per year.
Summary of said Camp, Dresser and McKee r epo rt is that
Englewood has enough raw water to supply a population of 50,000,
60 ,00 0 or 70,00 0 with an excess yield of approximately 6 ,3 00 -
14,600 , 5,000 -13,200 and 3,600 -11,900 acre fe e t per year ,
respectively, during a drought period.
C. Englewood, after consulting with Company , shal l select
an engineering consulting firm or firms to pro ceed with Phase II,
which study shall be completed not later than November 2, 1979.
D. That Phase II study shall include a summary of water
requirements , description of existing facilities, identification
of water sources, Englewood and Highlands Ranch demands through
Union Avenue intake, alternative operations and facilities ,
eval uation of alternatives from a standpoint of economics, bene-
fi s and risk factor and an opinion of legal attainabil ity .
E. Phase II shall also include an analysis of the institu-
tiona l arrangements to provide for a lease agreement between the
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p arties for an initial twenty-(20) year period w~t h a dd ~t ional
renewal for three (3) successive twenty-(20 ) year p e riod s and
p ayment of fair and equitable lease payments and o ther f inancing
a r rangements.
F. Englewood and Company understand that En g lewo o d's e x ce ss
wate r rights are principally direct flow rights and are seasona bly
v ariable, but at the discretion of Englewood, the direct f low
ri g hts may be supplemented from other rights to assure Company of
a minimum of 5,000 acre feet annually, subject to present and
future needs and requirements of Englewood and its inhabitants.
G. Should Company fail to exercise its option to purchase
Highlands Ranch, or Denver Water Board, directly or throug ~ its
distributors, elects to serve Company Highland Ranch w~t h wate r,
the Fifty Thousand Dollars ($50,000) paid by Company as earnes t
money for option to lease , shall be refunded to Company and all
further obligations of the parties to each other terminated .
Englewood shall retain the sums necessary to pay for Phase I s t udy
and to satisfy all obligations incurred up to Fifty Thou sand
Dollars ($50,000) as a result of undertaking Phase II study.
Section 2.
The City Council of the City of ~nglewood, Co lorado, hereby
authorizes the Mayor of the City of Englewood and the Director of
Finance, ex officio City Clerk-Treasurer, to sign and attest an
agreement between the City of Englewood, Colorado, and Mission
Viejo Company, marked Exhibit 1, attached hereto and incorporated
b y reference.
Introduced , read in full and passed on first reading on the
4th day of June, 1979.
Published as a Bill for an Ordinance on the 6th day of
J u n e , 1979.
Rea d by title and pa s sed o n final reading on the 18 t h day
of June , 1 9 7 9.
Published by ti t le a s Ord inan ce No. _______ , Se rie s o f 1979,
on the day of June, 19 7 9 .
Attest : Ma y or
e x of f ic io Ci ty Clerk -Treasu re r
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I , William D . James, do her e b y ce rtify th at the a bove
and foregoing is a true , accurate and c ompl ete copy of t h e
Ordinance pa s sed on final reading a nd p ub l ishe d by title a s
Ordinance No . , Series of 1979.
ex officio City Clerk Treasurer
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MISSION VIE;JO
COMPANY
May 22', 1979
Ci ty of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Gentlemen:
Ex h ~bil 1
By letter agreement dated October 31, 1978, Mission Viejo Company
(Company), and the City of Englewood (Englewood) jointly com-
mitted to the study and analysis of Englewood water righ ts in
excess of its water requirements which might be availabl e for
utilization at the Highlands Ranch in Douglas County, Colorado.
The October 31, 1978, letter agreement contemplated a two phase
an alysis of Englewood water rights and requirements, the first
ph ase of which was to determine the excess water available to and
owned by Englewood, if any, and the second pha s e of which was to
de termine methods for utilization of any excess water by Mission
Viejo Company at the Hig hlands Ranch.
The first phase study has been completed by Camp, Dresser &
McK ee, Inc., as evidenced -by a report dated February 28, 1979,
entitled "Estimation of Yield of Water Rights". A copy of the
report is attached hereto as Exhibit A , and incor porated herein
by reference, and Englewood and Company acknowledge that the
report has been completed in accordance with the provisions of the
October 31, 1978 , letter agreement.
The report indicates that Englewood has a substantial surplus of
wa ter rights in excess of its water requirement s which may be
u tilized by Mis sion Viejo Company in its development of Highlands
Ranch. Therefore, Englewood and Company wish to proceed to the
s eco nd phase study. Accordingly:
1 ) Englewood and Company ratify and reconfirm the October 31,
1978, letter agreement, and acknowledge that its provisions con-
tinue to be binding and enforceable upon the parties, except as
e xpressly modified herein.
2) Com pany herewith agree s to pay to Englewood One Hundred Thou-
s and Dollars ($100 ,00 0.00), not to exceed Fifty Thousand Dollars
($50,000.00) of which shall be paid as bills are incurred by
Englewood for completion of the phase two study as defined and
7400 SOUTH ALTON · ENGLEWOOD · COLORADO 80110 • 303/770 ·7750
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City of Englewood
May 22, 1979
Page Two.
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described in the October 31, 1978, letter agreement and as
further refined and specified in Exhibit B attached her eto a n d
incorporated by reference. The balance of Fifty Thousand Dollar s
($50,000.00) tendered herewith shall constitute additional con-
sideration for the exclusive right and option of Company to lease,
within eighteen (18) months of completion of the phase two study,
excess Englewood water described in the phase one Camp, Dresser
& McKee report (Exhi bit A), acknowledged by Englewood a nd Company
to be at least 5,000 acre feet per year .
3) Englewood shall authorize an engineering consulting firm or
firms, se lected by Englewood after consultation with Company, to
proceed promptly with the phase two study, as descr ibed in Exhib it
B, which shall be completed not later than November 2, 1979.
4) Englewood and Company agree that the phase two study shall
also include analysis of institutional arrangement s to provide a
framewor k for a binding lease contract of twenty (20) years with
additional renewal options for three successive twenty (20) year
periods vested in the lessee, and the payment of fair and equitable
lease payments, and other financing arrangements, for excess water
of Englewoo d to be used by Company . Englewood and Company shall
mutually agree on the in stitutional arrangements and the amount of
lease payments, and other fin ancing arrangements, for the use of
excess Englewood water by Company.
5) Englewood and Com pany understand and acknowledge that the phase
two study will proceed on the premise that the Englewood surplus
water rights are principally direct flow water rights. Yield s from
these rights are seasonably va riabl e , and depend upon the availa-
bil ity and quantity of stream flows. At the discretion of
Englewood, the yield from trans-mountain or tra ns-basin water
rights may be suppli ed to supplement the yield from direct flow
river rights to assure company a minimum of 5,000 acre feet of
water annually.
6) Incorporated in the phase two study reports sh all be legal
opinions from Raphael J . Moses (Company's water attorney) and
James D. Geissinger (Englewood's wat er attorney) concerning the
legal attainability of the alternatives identified in the phase
two study.
7) If Company, i t s successors, transferees and assigns, shall
fai l to exercise the option to acquire the Highlands Ranch, or if
the Denver Water Board shall assert the right to serve water to
the Highlands Ranch directly , or through one of its distributors,
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City of Englewood
May 22 , 197 9
P a ge Three.
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the Fifty Thousand Dollars ($50,000.00) paid b y Company as e arne st
mo ney for the exclusive r ight and option to lea se shall be
refunded a n d this agreement and the October 31 , 1978 agr e em e nt
are terminated; otherwi s e , Eng l ewoo d shall retain such funds as
considerati on for the exclusive right and option of Com pany to
lease the surplus water described in the phase one report, und e r
a lease agreement cons i s tent with the provisions of this l etter
agreement .
I f the foregoing conforms with your understanding, would you p l ase
so indicate by executing th e a ttached copy of this letter i n t he
appropriate places.
Very yours,
IEJ(c~
Re~~{
PJR:lc
APPROVED AND ACCEPT ED:
CITY OF ENGLEWOOD
ATT E ST:
By ______ ~~~~------------Mayor
City Clerk
DATE: _____________________ , 1979.
APPROVED:
Dire ctor of Utili ties
C~ty Attorney
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October 31 1 1978
City of Englewood
3400 South Elati Street
Engl ewood, Colorado 80110
Gent lemen:
EXHIBIT B
From time to time, discussions have been held between
representatives of the City of Englewood (Englewood) and
Mis sion Viejo Co mpany (Company) concerning water owned by
Englewood which might be utilized to provide water at the
Highlands Ranch in Douglas County, Colorado.
As you know, Company is developing a plan for a satellite
community at the Highlands Ranch, a component part of which
is a water supply and distribuLiun system.
The purpose of this letter is to clarify and confirm a
process by which water owned 'o r controlled by Englewood may
be analyzed by the engineers for Englewood and Company to
determine the quantity of excess water available from Englewood,
if any, and methods by which tQe water can be delivered for
use on the Highlands Ranch.
Englewood has provided Company a c opy of a study entitled
"Comprehensive Water Rights Study" prepared by Blatchley and
Associates, for CH2M Hill, Inc. and transmitted to Englewood on
October 31, 1975.
The water made the sub ject of this le t ter agreement are
the yields from the water rights described in Appe nd ix c of
the Blatchley-CH2M Hill study, su~~ . .?.!.l.l,y_ t<;> __ ~isting long
term leases exec~ed by E.::Jtlewood , . ..._ --·----·-.. ~·--------....
The Blatchley-CH2M Hill Study contains the following con-
clusion:
"the City of Englewood has surplus water rights
that .could be leased, sold or become part of a re gional
service authority, with an appropriate reimbursement
for the capital investment of Englewood".
Englewood and Company estimate that the quantity of surplus
water owned by Englewood ranges from a minimum of 5,000 acr e
feet to 10,000 acre feet or more.
7400 SOUTH ALTON· ENGLEWOOD· COLORADO 80110 • 303/770-7750
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City of Englewood
October 31, 1978
Page 2
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Eng lewood and Company intend to ascertain t c qu a t ~ty ,
uti lity, and value of any surpl s water as f ol o ws:
1. Camp, Dr esser and McKe e, Inc , (engineers f o r Eng ewoo
and Jack G. Raub Compa ny (eng ineers for Co mpany) have
a g reed upon a scope of wor k to be performed und er the
direction of Camp, Dresser and McKe e, I n c. The s cope of
work f or Phase I -Investiga tion is attach ed hereto as
an exhibi t, and incor pora te herein. The tasks requ~r e
by section s I and II of the sco p e o f w rk s a be pLrformed
by Zo rick-Erker Engineering, In c . wit h assist ance as
appropriate from Ro na ld K. Blatchley and David N , Church ,
the eng ineers responsible f or preparation of th e Blatchl ey -
CH2M Hill Report. The ta sks required by S ection s III ,
IV and V of the scope of work shal l be performed by Camp,
Dresser and McKee, Inc., a nd within sixty (60) days fro m
the date of this le tter agr eeme nt, a preliminary re p ort
shall be comp leted by Camp, Dre sser and McKee, Inc., in -
corporating the find ings of Zo rick -Erker Eng i ne ers, Inc.
and s u bmitted to Jac k G. Rau b Com pany for rev iew and
ana l y sis. Upon req ue st of City or Company the time of
comp letion described a bove may be extended thirty (30) days.
2. Camp , Dres ser and Mc Kee, Inc., (for Englewood) a nd
Jack G . Raub Company (for Company) shall revi ew the report
and conciliate any differences wh i ch may ar ise concernin g
the objective of pr oduc ing , w~th~n ni ne ty (90 ) days f r o m
the date of this letter-agreemen t, a final report upon
which both engineer ing consultants h a ve a g eed. If Camp ,
Dresser and McKee, Inc .. and Jack G. Ra ub company cannot
agree , the report shall be compl t ed by Camp, n~esser and
McKee, Inc., with ar e a s of disagreement noted ~n a specra
appendix to the ceport.
3. Upo n completio n of the report, cop ies shall be prov~de d
to Englewood and Com pany for revi e w a nd analysis. For a
period of sixty (60) days after rece i pt of the comple ted
report , either Englewood or Company may el~ct to request
,the . .Qt.her._t;_~~-.t-~ .~.c.op.9 ..£!1_a_s_e_ .. siu£i-: de~:cx2:._oeq,
b y -way of example , in t he document entitl ed , "Phase 2
I vesti ga tion -Facility Analysis ," attached to thi s letter
agreement. Both Englewo od and Company commit and pledge in
good faith to negotiate with each other concerning t he
conduc t of the second phase study, and concernir.g the
execution of a ppr opr iate contractual document s
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City of Englewood
October 31, 1978
Page 3
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for completion of the work, The contrac t ~ r t e s econd ph~se of the s tudy sha 1 include provisio fot ~sc~r
taining the value of Englewo od 's excess wate r ba sed on
alternate concepts for storage, div e r sion , and t rea m~n t ,
as wel l as procedures for exclusive utilization of such
water rights by company . By negotiation and a 9r e me;t,
En glewood and c o mpany may enlarge or modify t he sco~~ o t
the study to inc lud e ma tters no t described e ~~n ur ~
the a ttached exhibits.
4. Engl ewood and company acknowledge t h a t u nti l t he
first.phase report is completed, it would be p r e ma ure
to negotiate the exact provisions of the contrac t for
phase two; however, Englewood and Company a g ree tha t th e
essence of this agreement is to provide Englewood a nd
Company a procedure fo r formalization of a contract wh en
further data is available . Accordingl y, Englewood and
company each pledge to the other the highest st andard of
g ood fait h in their negotiations.
5. The cost of t h e first phase of the s tudy is estima ted
to be the aggregate amount of $30,000 .00 . company a gr ees
t o pay all of such costs: approximately $4,000.00
di re ctly t o zorick-Erker , Engine eri ng , Inc.; appr ox ~ma e ly
$4,50 0 .00 to Jack G. Rau b company; and approx imately
$21,5 00 .00 to Englewood for payment to camp , Dress e r and
McKee, Inc ., Blatch ley Associates, Inc . and James D .
Geiss inger, attorney. In conside ra tion thereof, Englewood
agrees it shall not offer for sale , lease or exchange,
nor in fact se 1 , lease or exchange any of its wa ter ,
until three (3) months follow ·ng compl e Li o n of th e f'rs t
phase study , or, if undertaken, until eighteen (18) mo nth s
following completion of the sec ond phase s t udy, e x cept
that short term l e ases not exc eed ing one y e ar may be
executed to assure utilization o f Englewo o d 's water during
the study periods.
If, during the periods when Englewood sha l l ma k e n o sale ,
lease or exchang e, as aforesaid, Englewo od shall receive
any bona fide offer for the sale, lease, o r exchange of
its water which it wi shes to accept , it shall advise
Compa ny, and until fif een (15) months from the da t e of
such notification, o r until eighteen (18 ) months followi n g
the c~pletion of the second phase study, whichever shal l
first occur, Comp any shall have the first option to p ur -
chase, lease or exchange such wa ter , upon he s ame e r ms
and condi t ion offer e d Engl e wood .
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City of Eng lewood
October 31, 1978
Page 4
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If the foregoing conforms to your unde r st and~ngs, would
you please so indicate b y executing a copy of this let ter
agreement in the appropriate places.
PJR:lc
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APPROVED AND ACCEPTED
CITY OF ENGLEWOOD
ATTEST:~~~~~~~~~~~·~======~--mycr~
November 6 DATE=----------------~------~' 1978
VI{~~ APPROVED : __ ~--~~~-L·~~~~--~-------~~=---Director of Ut~litie s
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ORD INANCE NO.
SERIES OF 197=9-----
BY AUTHORITY
A BILL FOR
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COUNCIL BI LL NO. 26
I NTRODUCED BY
AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS;
RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE,
RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF
WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as foll o ws:
Section 1.
That Section 42, Article IV, Chapter 3, Title XV, of t he
'69 E .M.C . is hereby amended to read as follows:
.15-3-42 : NO RESPONSIBILITY FOR DAMAGE
(a) Neither the Water Division nor the City
in any capacity shall be responsible or
liable for damages to privately owned
piping or fixtures served by or connected
to the water system, whether located in
or upon public or private prope r ty, nor
for damage to any person whomsoever or
prope rty whatsoever resulting from the
existence, use , arrangement of, or acci -
dent to suc h water system; EXCEPT,
HOWE VER , UNDER THE FOLLOWING CONDITIONS:
(1) THE CITY, THROUGH ITS WATER DIVISION
AND AT ITS OPTION AND EXPENSE, SHALL
REPAIR, REPLACE, LOWER, OR THAW
HOUSE SERVICE LINES, OR ANY OF THE
ABOVE, WITHIN THE PUBLIC RIGHT-OF-
WAY, WHEN NECESSARY AND UNDER THE
FOLLOWING CONDITIONS:
E
(i) A LEAK EXISTS OR OCCURS IN
THAT SECTION OF THE LICENSEE'S
SERVICE WITHIN THE PUBLIC
RIGHT-OF -WAY, i.e., BETWEEN
THE CURB STOP AND THE SUPPLY
MAIN .
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( ii) THE SERVICE LINE \viTHI N THE
PUBLIC RIGHT-OF -WAY SHALL
FREEZE OR FAIL AS A RESULT
OF FREEZING.
(b) SHOULD THE WATER DIVISION DETERMINE
THAT LICENSEE OR THE CONSUMER SERVICE
LINE IN THE PUBLIC RIGHT-OF-WAY MUS T BE
LOWERED BECAUSE OF EXPOSURE TO DAMAGE
FROM FREEZING , OR FOR ANY OTHER GOOD
CAUSE, THE LICENSEE OR CONSUMER SHALL TAKE
NECESSARY PRECAUTIONS TO EITHER:
(i) LOWER THE SERVICE LINE FROM
CURB STOP TO THE PREMISES
SERVED, OR
(ii) TAKE WHATEVER PRECAUTIONS
WOULD BE NECESSARY TO
AVOID SERVICE LINE FAILURE
BETWEEN CURB STOP AND THE
LICENSED PREMISES BY MEANS
APPROVED BY THE WATER
DIVISION.
(c) SHOULD THE LICENSEE OR CONSUMER FAIL OR
REFUSE TO TAKE SUCH NECESSARY PRECAUTIONS
TO AVOID FAILURE OF THE SERVICE LINE FROM
CURB STOP TO THE LICENSED PREMISES , THE N
NEITHER THE CITY NOR THE WATER DIVISION
SHALL BE HELD LIABLE OR ACCOUNTABLE FOR
DAMAGES BECAUSE OR ON ACCOUNT OF S UC H FAIL-
URE.
(d) IN THE EVENT THAT THE LI CENSEE OR CONSUMER
DESIRES OR SHALL DESIRE TO LOWER THE SERVICE
LINE FROM THE LICENSED PREMISES TO THE CURB
STOP, THE WATER DIVISION SHALL ALSO LOWER
THE SERVICE LINE FROM CURB STOP TO THE
SUP PLY MAIN SHOULD THAT ACTION BE DEEMED
NECESSARY IN ORDER TO AVOID FAILURE OF SAID
LINE IN THE PUBLIC RIGHT -OF -WAY. THE WATER
DIVISION MAY TAKE SUCH OTHER OR DIFFERENT
ACTION TO PROVIDE THAT THE SERVICE LINE IN
THE P UBLIC RIGHT-OF -WAY SHALL NOT FAIL AS
A RESULT OF THE LOWERING OF THE SERVICE
LINE FROM THE LICENSED PREMISES TO THE
CURB STOP.
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Introduced , read in full, and passed on first r eading on the _____ day of , 1979 .
Published as a Bill for an Ordinance on th e day of
-----------------' 1979 . ------
Mayor
Attest:
ex officio City Clerk -Treasurer
I, William D . James, do hereby certify that the above and
foregoi ng 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 , 1979.
ex officio City Clerk-Treasur r
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BY AUTH ORITY
ORDINANCE NO.
SERIES OF 197A9 ____ _ COUNCIL BILL NO. 26
INTRODUCED BY
A BILL FO R
AN ORDINANC E AMENDING SECTION 4 2, ARTICLE IV (GENERAL PROVISIONS;
RESTRICTIONS ) OF CHAPTER 3, TITLE XV, OF TH E OFFICIAL CITY CODE,
RELATING TO THE REPAIR, REPLA CE MEN T , LOWERING, AND THAWING OF
WATER SERVIC E LINES WITHIN TH E PU BL IC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD.
BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, as follows:
Section 1 .
That Section 42, Article IV, Chapter 3, Title XV, of the
'69 E.M .C. is hereby amended to read as follows:
~5-3-42: NO RESPONSIBILITY FOR DAMAGE
(a) Ne ither the Water Division nor the City
in any capaci ty shall be responsible or
liable for damages to privately o wned
piping or fixtures served by or connected
to the water system, whether located in
or upon public or private prope rty, nor
for damage to any per son whom soever or
property whatsoever resulting from the
existence, use , arrangement of, or acci -
dent o such water system; EXCEPT,
HOWEVER, UNDER THE FOLLOWING CONDITIO S:
(1) THE CITY, THROUGH ITS WATER DIVISION
AND AT ITS OPTION AND EXPENSE , SHALL
REPAIR, REPLACE, LOWER, OR THAW
HOUSE SERVICE LINES, OR ANY OF THE
ABOVE, WITHIN THE PUBLIC RIGHT-OF-
WAY, WHEN NECESSARY AND UNDER THE
FOLLOWING CONDITIONS:
(i) A LEAK EXISTS OR OCCURS IN
THAT SECTION OF THE LICENSEE'S
SERVICE WITHIN THE PUBLIC
RIGHT-OF-WA Y, i.e., BETWEE N
THE CURB STOP AND THE SUPPLY
MAIN .
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{ii) THE SERVICE LI E WITHIN TilE
PUBLIC RIGHT-vF-WAY SHALL
FREEZE OR FAIL AS A RESUL'l'
OF FREEZING .
(b) S HOULD THE WATER DIVISIO DE T ERNINE
THAT LICENSEE OR THE CONSUMER SERVICE
LINE I N THE PUBLIC RIG HT-OF-WAY MUST BE
LOWERED BECAUSE OF EX P OSURE TO DAMAGE
FROM FREEZI G , OR FOR ANY OTHER GOOD
CAUSE, THE LICENSEE OR CONSU MER SHALL TAKE
NECESSARY PRECAUT I ONS TO EI THER:
(i) LOWER THE SERVICE LINE FROM
CU RB STOP TO THE PREM I SES
S ERV ED, OR
(ii) TAKE WH ATE VER P RE CAUT I ONS
WO ULD BE NECE S SARY TO
AVOID SE RVICE L INE FAI LURE
BET WEEN CURB S TOP AND THE
LICEN SED P REMISES BY MEANS
APPRO VED BY THE WATER
DIVI S ION.
{c) SHO ULD T HE LICE NSEE OR CON SUMER FA IL OR
REFUSE TO TAKE SUC H NEC ESSARY PRE CAUT IONS
TO AV OID FAILURE OF THE SERVIC E LINE F ROM
CU RB STOP TO THE LICENS ED PRE MI SES, THEN
NEITHER T HE CITY NOR THE WATER DI VISION
SHALL BE HELD LI ABL E OR ACCOUNT ABLE F OR
DAMAGES BE CAUSE OR ON ACCOUNT OF S UC H FAIL -URE.
(d) IN THE EVENT THAT THE LICENSEE OR CONSUMER
DESIRES OR SHALL DESIRE TO LOWER THE SERVICE
LINE FROM THE LICEN SED PREMISES TO THE CURB
STOP, THE WATER DIVISION SHALL ALSO LOWER
THE SERVICE LINE FROM CURB STOP TO THE
SUPPLY MAl_ SHOULD THAT ACTI ON BE DEEMED
NECESSARY I ORDER TO AVOID FAILURE OF SAID
LINE IN THE PUBLIC RIGHT-OF-WAY. THE WATER
DIVISION MAY TAKE SUCH OTHER OR DIFFERENT
ACTI ON TO PROVIDE THAT THE SERVICE LINE I
THE PUBLIC RIGHT-OF-WAY SHALL NOT FAIL AS
A RESULT OF TH E LOWERING OF THE SERVICE
LINE FROM THE LICE SED PREMISES TO THE
CURB STOP.
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Introduc ed, read in full, a nd pass e d o n fi rs t re ading on t he _____ day o f , 1979.
P ublishe d as a Bill fo r a n Ord i nan ce o n the ______ day of
------------------' 1979.
Ma y or
Attest:
ex officio City Clerk-Treasurer
I, William D. James, do hereby c e rtify 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 , 1979.
ex officio City Clerk-Treasurer
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8
M E M 0 R A N D U M
TO : Andy McCown, City Manager
Jim Curnes, Assistant City Manager
FROM: Robert R. Holmes, Chief of Police
DATE: May 22, 1979
Several weeks ago, we were contacted by Mr. Leonard Bus c any i of the Colorado
Division of Highway Safety . Mr. Buscanyi advi sed they had a scholarship
available to send one of our officers to Central Missouri State University
in Traffic Management/Administration. The course will be conducted from
March 6, 1980, to May 22, 1980. The scholarship covers tuition, materials,
and transportation costs. The city would not be required to furnish any
funds other than the officer's salary and fringe benefits. A copy of the
application is attached for your consideration.
~=-~ Chief of Police
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OHS-10
Rev. 10/78
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DIVISION OF HIGHWAY SAFETY
Application for Traffic Safety Project
1.
2.
Project Identification: Education
Title Contract Director: Chief Holmes
Central Missouri State Univ.
Location Telephone: 761-1140 ext. 601
3. Applicant Agency: Englewood Police Department
Mailing Address: 3615 s. Elati st. Zip: 80110
4. Policy & Budget Authority: City Manager, Andy McCown
5. (a) Contract Period: From lO-l-79 to 9-30-80
MO. oay Yr. Mo. Day Yr.
(b) Project Period: From 3-6-80 to 5-22-80
MO. Day Yr. Mo. Day Yr.
6. "'"''"" ~1€$4 N~ te
7. Date May l, l-9""'7""'9 _____ _
Page 1
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(2~ (3
(4
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PART I PAST AND CURRENT SITUATION
·oescr;be past history and current situation pertinent to this application •
Include data and analysis of data to establish ~1hat the existing conditions
are. (Baseline data against which project effectiveness will be measured.)
State why this particular present situation is undesirable.
What are the causes of this undesirable situation.
Identify existing conditions which need to be changed to resolve the
identified problems.
(1) Past and Present Situation
The City of Englewood is located within the hub of a fast growing
metropolitan area; with the City and County of Denver to the north,
and rapidly growing residential areas in Arapahoe County and Douglas
County to the south.
Englewood's resident population is approx~tely 36,000 -primarily
single family dwellings. The current trend, however, is to replace
the single family dwellings with multi-family units. Due to Englewood's
physical location and proximity to industrial and major business areas,
and due to the fact that one of the world's largest shopping centers
(Cinderella City) is located in the heart of Englewood, the daytime,
transient population exceeds 100,000 peopl~.
Englewood has two major state highways running through the city -
Colorado 85 and Highway 285, both carrying an extremely heavy volume
of traffic. This traffic volume proportionately increases the traffic
accident rate.
As of this time, no one on this department has extensive experience or
expertise in the field of Traffic Management or Administration. The
heavy increase in traffic accidents and ~nJuries thoughout the city
make it apparent that expert advise and training is necessary for the
department.
The below statistics reflect the increase in traffic accidents over
the past 10 years:
68 1l 78
Total accidents 1,494 2,169 2,611
I njury accidents 258 281 301
Fatal accidents 1 3 2
(2) This increase is obviously harmful to the citizens and their property.
If proper traffic management and administration is not conducted on a
timely basis by the police department, this trend will continue to
spiral. The police department has a duty, by statute and ordinance,
to provide traffic supervision for the community so that safety and
welfare of citizens is provided.
DHS-10 10/78
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(1)
(3)
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PAF.T I PAST AND CURRENT SITUATION
Describe past history and current situation pertinent to this app i ication.
Include data and analysis of data to establish what the existing conditions
are. (Baseline data against which project effectiveness will be measured.)
State why this particular present situation is undesirable.
What are the causes of this undesirable situation.
Identify existing conditions which need to be changed to resolve the identified problems.
The cauaea of the preaent aituation are many and varied, but some of
the major contributing factor& are aa followa:
a. A great influx of tranaient population during daylight hours.
b. An increase in growth of surrounding c0111111unities .
c. A continued increase in the number of vehicles per family .
d. Increase in accident rates as previously noted.
(4) The necessary changes are:
DHS-10 10/78
a. Formal training and education to develop expertise in traffic
management and administration.
b. Training of other personnel within the department, and development
of specific programs.
c. Close liaiaon with the city traffic engineer.
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PART II
Objective: The objective(s) should state uwhat is to be accomplished (in
quantifiable te~) and whenN.
OBJECTIVE: The training of one management employee in Traffic Management/
Administration. This is to be accomplished by attendance at
Central Missouri State University in Warrensburg, Missouri,
from March 6, 1980 through Kay 22, 1980. This is equivalent
to 12 semester hours of college credit in traffic related courses.
PART III
Will any equipment purchased in this project be used to replace existing
equ i pment? If yes, explain •.
DHS-10
10/78
None
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(l)
(l )
(2 )
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PART IV EVALUATION AND MONITORING
State the measure that can be used to determine success or failure of
object1ve(s) criteria. Administrative. Performance or Impact measures
(as defined in Paragraph 11.01) can be used.
Determine if the person sent for the training is using the t r aining
to the benefit of the department and city. ·
Determine if on-the-job training is being performed to disseminate the
materi al and knowledge obtained.
(2) State procedure to be used by Contract Director to monitor project
activity and progress during project period.
(l) Provide status reports on a regular basis to the Project Director.
DHS-10
10/78
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Page 4
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HSP
Task #
DHS-10
10f7R
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PART V PROJECT WOR PLAN
CONTRACT PERIOD: From: . To: DATES
TASK(S) State individual work
procedure to accomplish BEGIN END each listed objective
1. Submit Quarterly Reports to the
Division of Highwa.v Safety on
JanoaPy 20, April 20, July 20
anii.·October 20.
2. Selection of officer to attend
the training at Central Missouri
State Univ. 10-l-79
3. Attendance at the University 3-6-80 5-22-80
4. Application of learning 5-26-80 9-30-80
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TOTAL
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COSTS
DHS AGENCY
SHARE SHARE
$ 2778.76 $ 7529.00
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$ 2778.7E $7529.00
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PART VI
BUDGET S~IMARY
PART 1
A. Personal Services
B. Operating Expenses
c. Travel & Subsistence
0. Capital Outlay
TOTAL
PART 2
A. Division of Highway Safe~ Share
DHS-10
10/78
B. Agency Share
TOTAL
$ 7,529.00
$ 2,477.46
$ 301.30
$ 0
$ 10,307.76
$ 2,778.76
$ 7,529.00
$ 10,307.76
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DHS Use
" 1 nly
HSIP
Number
(1)
P T 1 AR
Name
(2)
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PA&T VI ~octioD A
COST CATEGOP.Y PEllSONAL SER.VICES
-Re~tular Sal arie&
No.
Baa a of
Pay Bonefit .. Total Mo:o
(3) (4) (5) C6l
Allan F. Stanley 1,993 516 67 2 509.67 3
SUB-TOTAL PART 1
PART 2 -Contractual Services
Rate
HSP Dates of Indicate No. of
Number Contractor Contract R,D,M,FP) Unit a
_(_l_l (2) (3) (4) (5)
--
SUB-TOTAL PART 2
PART 3 -Overtime
HSP Overtime No. of Total
Numb er Name Rate Units Cost
(1) (2) (3) (4) (5)
SUB-TOTAL PART 3
l DHS Share
DRS Agen
Share Shar
'l'otal % %
(7) (8) (9)
7 529 0 100,
·-
DRS Agen
Total Share Shar
Cost % %
(6) (7) (8)
DRS Agen .
Share Shar
% X
_{_6) (7)
Agency Share
TOTAL-PART'l, 2' 3 . $ 7,529.00 $~.......;;.-0~-;__--$ 7,529.00
Page 7
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PA&T VI S4ction B
COST CATEGOiY OPERATING EXPENSES
)HS Use
On J ·
~ Number DHS Agency
HSP of Share Share
Number Description Unit& Cost per Unit Total Cost X ~
(1) _{_2_2_ (3) -(4) (5) _{_fU l__U
NTMI and NCCJA Costa 1 $2,447.76 $2,447.76 100\ 0
-.
• TAL OPERATING EXPENSE I .
(
DRS Share Agenc:y Share
TOTAL $2,447.76 $ 2.447. 76
$ ______ _
100 %
_ ... p __ x
Pase 8
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PART VI ·Silction C
DHS lise .
0 1 nLv
HSP
NUillb~r
~ll
COST CATEGORY
PAR 1 T
Description
(2)
Food 3 days @ $25 per day
Mileaqe 1,242 @ .~5 per mi.
Lodaina 2 niahts @ $20
SUB-TOTAL PART 1
COST CATEGORY
Only PART 2
HSP
Number Description
(1) (2)
SUB-TOTAL PART 2
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TRAVEL & SUBSISTENCE
In Out
State State Total
(3) (4) (5)
$75.00 $75.00
U86.30 $186.30
$40.00 $40.00
CAPITAL OUTLAY
N
or No. of Cost per
R Units Unit T(~)l (3) (4) (5)
DHS Share
TOTAL-PART l & 2 $ . ....::.30;::.;1:;.:·~3~0---$ 301.30
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OHS Age
Share Shn
(~) " (7
100 0
100 0
100 0
-l
DHS Age 1
Share Sha:
(;) %
{8 '
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A&ency Share
$. __ -_o-__ _
_ o __ %
Itage 9
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OHS-10
10/
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INFORMATION FOR PROJECT CONTACTS
1. PROJECT RESPONSIBILITY
NAME Chief Robert R. Holmes
Englewood Police Department
ADDRESS 3615 s Elati St •• Englewood, Co. 80110
TEL£ NO. 761-1140 ext. 601
2. ACCOUNTING RECORDS
NAME William D. James
ADDRESS 3400 South Elati Street, Englewood, Co. 80110
TEL£ NO. 761-1140 ext. 100
3. PROJECT PAYMENTS MAILED TO
NAME Finance Department
3400 S. Elati St. ADDRESS Englewood. Co. 80110
761-1140
4. CORRESPONDENCE MAILED TO
NAME Chief Robert R. Holmes
ADDRESS 3615 s. Elati St.
·Englewood, Co. 80110
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Mr . William D. James
Director of Finance
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The City of Englewood
3400 S . Elati Street
Englewood , Colorado 80110
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4525 So . Pearl Street
Englewood , Colo . 8 0110
J u ne 11, 1 9 7 9
Re : Englewood Paving District No .25
4500 Block , South Pearl Street
(Lots 43 -44 , Bloc k 5 l ,South Broadwa y Hts .
Bill for $4 1 8 .78 )
Dear Sir :
We received a bill in the amount of $418 .78 for the paving of
the 4500 block of South Pearl St reet from your office . The
billing supposedly cove rs part of the street immediately in
front of our property .
I would like to register a p rotest against the billing for the
paving of the street .
I attended a protest meeting of our block at which various poi nts
regarding this situation we re discussed by the nei g hbors , and
I agree with them fully :
1) Inadequate notification of the City's plan to pa ve the street .
2) No prior personal notification before the fact of the paving
of the street .
3) The amo unt of the bill seems exhorbitant . An explanation
of the amount seems necessary .
4 ) The necessity of a taxpayer to be billed for the paving of
a public road seems improper.
5 ) Any amount of interest to pay for a bill for a public roadway
seems highly questionable .
6 ) A guarantee is needed that no subsequen t road paving will be
billed to the home owners within the lOyear period of paying
for the present bill .
This letter is to serve as a written protest of one of the h ome
owners billed . However, according to the meeting I attended,
t h e other h omeowners feel just as strongly about this matter.
Very t r uly yours ,
~.-.:.u.. Jt z~ R E C E 1 \trE~e M. L:)renz
J U~J 1 ·1 1979
DEPT. OF F li~,·.iv:
ENG LENJOD
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