HomeMy WebLinkAbout1978-05-15 (Regular) Meeting Agenda•
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CITY COU,~CIL :·1EETING-r-EGULAR
daj 15, 1978
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STATE OF COLORADO
COUNTY OF ARAPAHOE SS.
CITY OF ENGLEWOOD
The City Council of the City of Englewood, Colorado,
met in regular session at the City Hall in the City, being
the regular meeting place of the Council, on May 15, 1978, at
7:00 p.m.
There were present at said meeting the follol-'ing:
Present:
Mayor:
Mayor Pro Tern:
Other Councilmen :
Absent:
James L. Taylor
Vern Mann
David Clayton
Donald Smith
Donald Weber
Donald ~Vi 11 iarns
Don ald Harper
constituting all the members of the City Council.
There were also present :
City Clerk:
City l'<lan age r:
City Attorney:
William D. James
And y McCown
Bernard Berardini
Thereupon, the fol l owing proceedings, among others ,
were had and taken :
Co u ncilman introduced a resolution,
which was thereupon r ead by title in full , and the t ext of
which is as follows:
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A RESOLUTION RATIFYING CERTAIN ACTION HERETOFORE
TAKEN: AUTHORIZING THE EXECUTION ANQ DELIVERY BY
THE' CITY OF A BOND PURCHASE AGREEMENT: AND REPEALING
ACTION HERETOF ORE TAKE N I N CON FL ICT HEREtHTH.
WHEREAS, the C i ty o f Eng lewoo d, in the County of
Arapahoe and State of Co l o rado (t he "City"), is a legally and
regularly created, establishe d, org ani z ed and existinq
municipal corporation und e r the p r ovisions of Arti cle XX of
the Constitutio n of the State of Colorado and the Ch a r te r o f
the Ci t .y: and
~ffiEREAS, the Coun ty and Mtnicipality Deve l o pm en t
Revenue Bond Ac t, Ar tic l e 3, Title 29 of Color a d o Rev ise d
Statutes 1973, as a ~e nded (the "Ac t") authorizes mu nic ipa l ities
to finance, refin a n ce , -acquire, own, lea se , imp r ove , an d d is-
pose of propert ie s to th e end that more a d e qu a te h ospita l
care may b e pr o v i d e d, whic h pro motes the pub li c h ea l t h, we l fa r e ,
safet y, conve n ience , and prospe r i t .y: and
WH EREAS , th e Act fur t her a u t h orizes muni cipa lities
to refin ance any o bligations p r eviously incurred t:o finance
or aid in f i n anci n g of h o spital , hea l th-care , or nursing-home
fa ci lit ies whi c h would cons tit.u te a project with in the meaning
of t.h e Ac t had such fac.i lities been or igin a ] ly u ndertaken and
fin<JII cL'd !Jy c. CfJ UJ1ty o r muJd cl p,,J i ty puc.;u<•nt t o t It<• J\c t; u l <d
\VI !ERt::l\S , the Act fu r th er a u thoriz es mUJ dcip<Ilitic s
to iss u e revenue b on d s for t he purpose of d ef rayi n g the cost
of refinancing u ny projec t constituting hospite~l , h ea lth-ca r e
o r u ursinCJ h o me fc.ci l i tics and all in c ident:<•l cxpC'n~:cs in c u rrecl
in iss u ing s u c h bond s and to se c ure the p ayment of such bonds
as provided in the Act ; and
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WHEREAS, The Swedish Hcdical Center (the "Corpora-
'tion") presently owns and operates a hospital facility located
in the City of Englewood, Colorado (the "City") and has pre-
viously incurred certain obligations (collectively, the
"Outstan~ing Obligations") to finance or ai"d in financing of
hospital facilities of the Corporation which would have been
"projects" under the Act had they been originally undertaken
and financed by a municipality pursuant to the Act; and
WHEREAS, pursuant to and in accordance with the Ac t,
the Corporation desires to refinance the Outstanding Obligations;
and
WHEREAS, pursuant to and in accordance wiLh the
Act, the City proposes to refinan ce ~he Outstanding Obligations
by the issuance of revenue bonds of the Ci ty; and
WHEREAS, revenue bonds in the aggregate principal
amount of $7,600,000 will be .issued, sold and delivered by
the City to The Aetna Casualty and Surety Company (the
"Purchase r"), ~o defray t h e cost of refin ancing the Outstandi ng
Obligations; and
WHEREAS, on April 17, 1978, the City Co un cil of the
C ity adopted a resolu~ion whereby the City agreed to take
all n ecessary o r advisable steps to effec~ the issu u nce of
revenue bonds purs u an t to the Act t o r efinance the Outstanding
Obl igations , it being un derstood t hat no cosLs of iss u ance
and sale were to b e borne by the City and ~hat the n ecessary
finuncin g documents wer12 subject to formal approval by the
City Council purs u ant t o the Act.; Hlld
WIIF.!~LJ\S , Lh cr<'! h a ve b cc1• pr.c ~;c:nt.c·d t n lil t' C i. t y
Council the proposed f o rm of Bond Purchase Agreement da~ed
Hay 1 5 , 1978 among the City, the Corporation and the PurchasE:'r
(the "nnud Purchase AgrccmC'nt ") evidencing the sale of the
revenue bouds b y th City to the Purchuser.
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NOW, 'l'IIERF.F'ORF., BE IT RESOLVED DY TH E CI1'Y COUNCIL
-OF THE CITY OF ENGLEWOOD, COLORI\DO:
Section 1. All action (not inconsistent with the
provisions of this reso lution) her e tofore taken by the City
Council pf the City and the officers of th~ City directed
toward the refinanc ing of the Outstanding Oblig a ti ons and the
issuan c e and sale of the revenue bonds the r e f o r b e, a nd the
same is her~by, ratified, approved and confirmed .
Sect ion 2. The form, terms and provisions of the
Bond Purchase Agreement be and they hereby are approved and
the City shall enter into the Bond Purchase rlgreement in the
form of such doc ument presented t o the City Council o f the
City at the me eting at which this resolution is adopted,
with such changes therein as are not inconsi stent herewith;
and the Mayor is hereby a uth orized ~nd directe d to execu te
and d e liver the Bond Purcha se Agre eme nt and the Cit y Cl erk
is hereby au thoriz ed and directe d to affix the City seal to
and to attest the Bond .P urch ase Agreeme nt.
Sect ion 3. All bylaws, orde rs, r egulations ,
resolutions and ordinance s, or parts thereof, of the City
inconsistent herewith and with the document hereby a pproved ,
are h ereby repealed to the extent on ly of such inc o n s i s ten c y .
This repealer sha ll not be constru e d as reviving a n y byl a w ,
order, regulati o us, res o luti o n o r o rdinance , or part the reo f.
READ, Pli.SSE IJ , li.ND ADOPT ED th i s 15th d c.y o f Ha y,
1978.
(S EAL )
Att est:
city Cl ci·"k
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Whereupon it was moved by Councilman
and seconded by Councilman that all rules of
the City Council which might prevent , unless suspended, the
final passa g e and adoption of said resolution at this meeting
be, and the s a me hereby are, suspend e d f o r t he purpo s e o f
permitting t h e f i nal passage a nd a d option o f said r e s o lut i o n
at t h i s meetin g. The mot ion was put t o a vote and c a rri e d,
the vo te being a s f o llows:
Tho se Vo t i ng Ay e :
Thos e Votin g No:
Tho se Ab sen t:
James L. Taylor
Vern Mann
David Clayton
Donald Smith
Donald \v ebc r
Donald Williams
Donald Ha r per
A motion to a d opt t h e fo r egoing resolution was then
duly made by Co u nci l ma n and duly seco nded by
Co u nc ilman , wa s p u t to a v ote , and ca rrie d, the
v o t e b eing as fo l lows :
Those Voting Aye :
Those Voting No :
Those Absent:
James L . Taylor
Vern 11ann
David Clayton
Donald Smith
Don a ld \veber
Donald lvilliams
Do nald Harp er
Thereupon , the presiding officer declared said motion
carried and said resolution duly passed and adopted .
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After the consideration of other business unrelated
to the revenue bonds, on motion duly made, seconded and
adopted, the meeting the reupon adjourned .
l-1.ay o r
(SEAL)
Attest:
City Clerk
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STATE OF COLORADO
COUNTY OF ARAPAHOE SS.
CITY OF ENGLEWOOD
I, William D. James, City Clerk of the City of
Englewood, Colorado (the "City"), do hereby certify:
1. The foregoing page s numbered from 1 through 6
constitute a full and correct copy of the record of the
proceedings taken by the City Counci l of the City at a regular
meeting thereof held on May 15, 1978, so far as said minutes
relate to the resolution therein set forth.
2. The Mayor and other member s of the -----
City Council were present at said meeting, and the members of
the Council voted on the adoption of the resolutions, as in
the minutes set forth.
IN IHTNESS \vH EREOF , I h a v e hereunto set my hand
and the seal of the City this day of May, 1978.
(SEAL)
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City Clerk
City of Englewood
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$7,600,000
CITY OF ENGLEWOOD, COLORADO
REVENUE BONDS, SERIES 1978
(THE SWEDISH MEDICAL CENTER PROJECT)
BOND PURCHASE AGREEMENT
May 15, 1978
City of Englewood, Colorado
3400 South Elati Street
Englewood, Colorado 80110
a nd
The Swedish Me d ical Center
5 01 East Hampden Av e nue
Englewood, Colorado 80110
Gentlemen:
The City of Englewood, Colorado (the "City")
and The Swedish Medical Center (the "Corporation")
under this Bond Purchase Agreement (this "Agreement")
confirm their respective agreements with The Aetna
Casualty and Surety Company (the "Purchaser") and
between themselves, with respect to the purchase by
the Purchaser from the City of the City of Englewood ,
Colorado, Revenue Bonds, Series 1978 (The Swedish
Medical Center Project) (the "S eries 1978 Bonds")
proposed to be issued by the City in the total princi-
pal amount of $7,600,000. The Series 1978 Bonds will
be issued for the purpose of refinancing an issue of
Swedish Hospital First Mortgage Bonds, 1973 Series,
and an issue of Swedish Hospital First Mortgage Bonds,
Series 1974 of the Corporation (the'Outstanding
Obligations").
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ARTICLE I
Sale, Purchase and Delivery
Section 1.1. Sale and Purchase. Upon the terms
and subject to the conditions stated in this Agreement,
including the Outline of Principal Terms attached hereto
and made a part hereof, the City agrees to issue and sell
to the Purchaser as of the Closing (as defined below)
the entire principal amount of the Series 1978 Bonds and
the Purchaser agrees to purchase from the City as of the
Closing the entire principal amount of the Series 1978
Bonds at the purchase price equal to the sum of 100 % of
the par amount of the Series 1978 Bonds, plus accrued
interest on the Series 1978 Bonds to the date of the
Closing. The Series 1978 Bonds will be issued with such
maturity, bearing such rate of interest and subject to
such additional terms as are stated in the Outline of
Proposed Terms and as will be stated in the financi n g
documents described or r efe rred to in S e ction 2.3. hereof.
Section 1 .2. Closing. In this Agreement , the
term "Closing" means the date on which the Serie s 1978
Bonds will b e delivere d by the City against payment of
the purchase price of the S e r ies 1978 Bonds by the
Purchaser. The Closing shall occur on such date on or
before July 31, 1978 and at such place as ma y be agreed
in writing b y the City, the Corporation, a nd the Purchaser.
At the Closing, the S e rie s 1978 Bonds shall be delivered
by the City in definitive form to the Purchaser against
r e c e ipt by the City of fu nds in the amount equal to the
purc has e price for imme d iat e credit for the account of
the City.
ARTICLE II
Purchaser 's Conditions
The obligation of the Purchaser to purchase the
Series 1978 Bonds shall be subject to the satisfaction
of each of the following conditions:
Section 2 .1. Compliance. The City and the
Corporation shall have performed all of their respective
agreements as set forth herein to the extent they were
then to have been performed.
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Section 2.2. Bond Ordinance. An ordinance
authorizing the issuance of the Ser1es 1978 Bonds satis-
factory in form and substance to the Purchaser, Dawson,
Nagel, Sherman & Howard ("Bond Counsel") and Chapman
and Cutler ("Special Counsel") shall have been duly
adopted by the City Council of the City and shall be in
full force and effect as of the Closing and shall not
have been amended, modified or supplemented except as
may have been agreed upon by the Purchaser, Bond Counsel
and Special Counsel and there shall be in full force and
effect as of the Closing such additional ordinances and
resolutions as in the opinion of Bond Counsel and Special
Counsel shall be necessary or appropriate in connection
with the issuance of the Series 1978 Bonds and with the
transactions contemplated hereby and thereby.
Section 2.3. Financing Documents. A Financing
Agreement between the City and the Corporation, a Deed of
Trust and Security Agreement from the Corporation to a
bank or trust company approved by the City and the Pur-
chaser creating a lien and s ec urity interest on such rea l
estate and Personal property of the Corporation as may be
agreed upon by the City , the Corporation and the Purchaser ,
further identified as to the real estate by the Map
attached hereto and made a part hereof, to secure its
obligations under the Financing Agreemen t, an Indenture
between the City and a bank or trust company approved
by the City and the Purchaser under which the Series 1978
Bonds will be issued and secured, a Guaranty and Indemni-
fication Agreement by the Corporation providing,among other
things, for the unconditional guaranty by the Corporation
of the payment of the Series 1978 Bonds and the indemnifi-
cation of the holders of the Series 1978 Bonds by the
Corporation against Federal income taxation o f interest on
the Series 1978 Bonds , and an Agreement relating to the
purchase of United States government securities for deposit
in a sinking fund with a seller satisfactory to the City,
the Corporation and the Purchaser , fully satisfactory in
form and substance to the Purchaser , the City , the Corpor-
ation , Bond Counsel and Special Counsel , shall have been
duly authorized and executed by the respective parties and
shall be in full force and effect as of the Closing and
shall not have been amended, modified or supplemented except
as may have been agreed upon by the Purchaser, the City , th e
Corporation , Bond Counsel and Special Counsel , and th e re sh all
be in full force and effect as of the Closing all resolutions
of such parties as in the opinion of Bond Couns e l and Special
Counsel shall be necessary or appropriate in connection with
the issuance of the Series 1978 Bonds and with the transac-
tions contemplated hereby and thereby . Such financing
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documents shall contain covenants substantially as described
in the attached Outline of Principal Terms and other repre-
sentations, business covenants and other provisions customary
to similar transactions.
Section 2.4. City Certificate. As of the Closing,
the Purchaser shall receive a certificate or certificates,
satisfactory in form and substance to the Purchaser, of the
Mayor and City Clerk of the City, dated as of the Closing,
containing such representations and warranties of the City
as shall be required by the Purchaser.
Section 2.5. Corporation Certificate. As of the
Closing, the Purchaser shall rece1ve a cert1f1cate or
certificates, satisfactory in form and substance to the
Purchaser, of the President or any Vice President and by the
Secretary or any Assistant Secre tary of the Corporation,
dated as of the Closing, containing such representations
and warranties of t he Corporation as are customary in a
private placement.
Section 2.6. Legal Opinions. As of the Closing,
the purchaser shall receive:
(a) The approving opin i on of Bond Counsel,
dated as of the Closing, satis fa ctory in scope, form and
substance to the City and the Purch a s e r;
(b) The opinion of Saunders, Snyder, Ross
& Dickson, P.C., as Counsel for the Corporatio~ dated
as of the Closing, satisfactory in scope, form and
substance to the City, the Purchaser and Bond Counsel;
and
(c) The o pinion of Special Counsel, date d
as of t he Closing , satisfactory in scope, f orm and
substance to the Purchaser.
Section 2.7. Additional Certificates ,
Opinions or Documents . As of the Clos1 n g , the Purchaser
shall receive such additional certificates , opinions
or documents as the Purchaser may reas o nably request to
evidence the due satisfaction at or prior to such time
of aJl conditions then to be satisfied in connection
with the transactions contemplated hereby .
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Section 2.8. Proceedings Satisfactory to the
Purchaser. All proceedings taken 1n connect1on w1th the
sale of the Series 1978 Bonds as contemplated in th i s
Agreement shall be satisfactory in scope, form and sub-
stance to the Purchaser. Without limiting the fore g oing,
such proceedings shall be sufficient to establish to the
satisfaction of Bond Counsel and Special Counse l th a t
the interest on the Series 1978 Bonds is not i n clu dible
in the gross income of the holder or holders o f the
Series 1978 Bonds for Federal income tax pur poses .
ARTICLE III
City's Conditions
The obligation of the City to authoriz e ,
i ssue , s e ll and deliver the Series 1978 Bonds shall be
sub ject to the satisfaction of each of the following
c ondit i ons:
Section 3.1. Legal Op inions. As of the
Closing, the City shall receive:
(a) The opinion o f Bond Counsel ref e rr e d
to in Section 2.6. (a) hereof; and
(b) The opinion of counsel referred to
in Section 2.6. (b) hereof.
Section 3.2. Procee dings Satisfactory to
the City . All p roceedings taken in connection with the
sale o f th e Se r ie s 19 78 Bonds as c o nte mplated i n t his
Ag r eeme nt s h a ll be sa t isfac tory in s c o pe , f o rm and sub sta n ce
t o t h e City.
ARTICLE IV
Corporation 's Conditions
The obligation of the Corporation to authorize,
execute and deliver the appro priate financing documents
described in or referred to in Section 2 .3 hereof shall
be subject to the satisfaction of each of the following
conditions:
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Section 4.1. Legal Opin i ons. As of the Closing,
the Corporation shall receive:
(a) The opinion of Bond ' Counsel referred to
in Section 2.6(a) hereof; and
(b) The opinion of counsel referred to in
S e ction 2 .6(b) hereof.
S e ction 4.2. Approvals of Government Agencies
and Entities. As of the Closing, the Corporation has ob-
ta~ned a ll necessary federal, state, local and other
a dmin i strative approvals from such governmental agenci e s
and entitie s as are required in connection with the r e -
financ i ng of the Outstanding Obligations includ i n g the
issuance costs in connection therewith.
S e ction 4.3. Proceedings Satisfactory to the
Corpora t i on. All proceedings take n in connection wi th the
sale o f the Series 1978 Bonds as contemplated in th is
Ag r e ement shall be satisfactory in form and substance to
the Corporation.
ARTICLE V
Expenses
The Corporation agrees to pay (to the extent
paymen t is not made out of proceeds from the sale of the
Serie s 1978 Bonds ) all reasonable e xpens e s customary to
simil a r t r a nsa c t i ons i ncurred by th e Purc has e r and th e City
in c onn ection with the issuance, s a l e and de l i v e r y of the
S e r ies 19 7 8 Bo n ds , whe th er or not t h e S eries 1 9 7 8 Bonds
are purchased by the Purchaser u nder this Agreement.
Witho ut limiting the gene r ality of the foregoing , it is
spe cifically understood that the Corporation will pay
the fees and expenses of Bond Counsel and the fees and
expenses of Special Counsel.
ARTICLE VI
Termination
The Purchaser shall have the right to termi-
nate this Agreement at or before the Closing, by giving
notice to the City and the Corporation stating the
reason therefor, if:
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Section 6.1. Misrepresentations. Any informa-
tion furnished by the Corporation or on its behalf to the
Purchaser in connection with the issuance and sale of the
Series 1978 Bonds contains any untrue statement of a
material fact or omits to state a material fact necessary
to make the stateme nts made, in light of the circumstances
under which they we r e made, not misleading.
Section 6 .2 . Undisclosed Facts Affecting Busi-
ness or Condition o f the Corporation. The r e is disclosed
or discovered at or before the Closing a fact which th e
Corporation has not disclosed to the Purchaser in writing
prior to the e x e cution of this Agreeme nt which would, in
the reasonabl e judg ment of the Purchaser, materially
adve rsely affect the business or condition (financial or
otherwise) of the Corporation.
Section 6.3. Conditions Not Satisfied. A failur e
o f th e Ci t y or the Corporation to satisfy or cause to b e
sa t i sfie d afte r notice but within the time such condition
i s r e quire d to b e satisfied or an inability to satisfy any
o f th e condi tions stated in this Agree me nt or the financing
d o c uments referre d to or desc ~ibed in Section 2.3 hereof
to the obligation of the Purchaser shall appear, in the
r e asonabl e judgment of the Purchaser, at or before the
C losing.
If this Agreement is terminated pursuant to this
Article, such termination shall occur without any party
incurring any liability to any other party except each
party shall b e obligate d to p ay exp e n se s a s prov i ded in
this Agre ement.
ARTICLE VII
General Provisions
Section 7 .1. Parties. This Agreement is not
assignable by either the City or the Corporation. This
Agreement has been and is made solely for the benefit of
the City, the Corporation and the Purchaser and their
respective successors and n o other person , relation ship ,
association or corporation shall acquire or have any
right under or by virtue of this Agreement.
Section 7 .2 . No Pecuniary Liability of the ~. No provision, covenant , or agreement conta1ned
in this Agreement or any obligations herein imposed
upon the City , or the breach thereof , shall constitute
or give rise to a pecuniary liability of the City or a
charge against its general credit or taxing powers .
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In making the agreements, provisions and covenants set
forth in this Agreement, the City has not obligated
itself except with respect to the application of the
revenues, income and all other property derived pur-
suant to the financing documents described or referred
to in Section 2.3 hereof.
Section 7.3. Notices. All communications
hereunder shall be in writing, and if sent to the City,
shall be mailed to or delivered at 3400 South Elati
Street, Englewood, Colorado 80110, attention: City
Attorney; if sent to the Corporation, shall be mailed to
or delivered at 501 East Hampden Avenue, Englewood,
Colorado 80110, attention: Exe cutive Director; and if
sent to the Purchaser, shall be mailed to or delivered
at 151 Farmington Avenue, Hartford, Connecticut 06156,
attention: Bond Investment Department.
Section 7.4. Applicable Law. This Agreement
shall be governed and construed in accordance with the
law of the State of Colorado.
Section 7.5. Execution of Counterparts. This
Agreement may be executed in several counterparts, each
of which shall constitute one and the same instrument.
Section 7 .6. Captions. The captions and
headings in this Agreement are for convenience only and
in no way define , limit, or describe the scope or intent
of any provisions or sections of this Agreement.
ARTICLE VIII
Acceptances
This Agreement shall become effective if and
when it is accepted by both the City and the Corporation
not later than 11:00 p.m. Denver local time, on May 15,
1978.
Yours very truly,
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THE AETNA CASUALTY AND SURETY COMPANY
By -~ _ _,.__(6/ __
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This Agreement is accepted:
(SEAL)
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This Agreement is accepted:
THE
By
(SE.",L )
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At te:?h ~m~$-
Dated: May 15, 1978
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l'enn/Maturi ty
I nterest Rate
Se curi t y
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May 12, 1978
Outline of Princ i pa l Te rms
-Between
SWedish Me dical Ce nter (the "Ho soital")
The IEtna Casualty and Surety Company ( ".'!:tna") .
17,6oO,OOO City of.Englewood, Colorado Revenue Bonds
(Swedish Medical Center Project) unc onditionally guaranteed
by Swedish Medical Center (the "Bonds").
21 years/.1999
6.75% (tax exempt) semi-annually
100% of principal amount
A first mortgage on substantially all ot the land, build-
ing and major fixed equipment of the Hospital! The Bonds
vill also be secured by the funds maintained in the
Invested Sinking Fund Account.
J.a eoon aa possible but not later than July 31, 1978.
Requ1 red Seeu!"i t1.ea 'Pu:rehasee '!he Hospital, each year from 1979 to 1988, will purchase .
~~l~t;~~e~:s~~::: =~:~~i;;9 ~th~8 "i:~~:;;~ea") 1
Required Prepayment s
Red c moti o n
Sj.nking FUnd Account which will be maintained by the
tnlatee throughout the life of the Bonds. • •
Semi-annual interest throughout the life of the Bonds.
At maturity , t h e Eospital will prepay the entire out-
standing princ i pal amount o f t he Bonds with the funds
in the Invested Si nking Fund Account.
The Bond s a re non-refUndabl e for 10 years f rom bo r r owi ngs
at a lower e f fective inte r est co s t o r sho rter a verage
life to matur i t y .
Otherwise, callable beginning in year one a t 100 plus a
premium equal t o t he coupon ra~e , whi ch premium decl i nes
evenly annual ly t o par in the last ye ar .
The Hospital may incur additional debt as follows :
a) Fund e d Debt , including capital ized l eases , provid ed t hat
afte r giving effe ct thereto LonG Term Debt does not exceed
SP% of Net Ta ng ible As s ets . (Ne t Tangible As sets = Lo ng
Term Deb t (less Guarante e s ) p l us Un restricted Fund Balances.
Long Term Debt = Fund e d Debt , including capitalized l eases ,
plus Guarantees.)
•r rther i J enti fi e d on t he ma p exh i b i t to th e Bond Purchase a greement d ated 'la y 15, 1978
>etw • n t h e Ci ty o f Englewwod , Colora do; Aet na; and the ll o spi ta l.
••s ubject to acturar ial confirmation o f the "sinki n g fund p ro posa l• d a t ed 5-11-78, and a
si nking fund agr eement satisfactory to Aetna but no less favorab l e than that descrilled i n
t he 5 -11-78 proposal.
I • •
Sale of Assets or Merger
•
•
• •
-2-
b) Funded Debt, including capitalized leases, provided that
after eivin& effect the reto (i) the test under (a) is met
and {i1)•Net Income before all interest and depreciation
expense is at least 1.)5times the maximum pro forma debt
service (interest, principal, and long-term capitalized
lease payments) fo~ each of the two fiscal years precedi~
(based on historical r:et Income) and succeeding (based on
projected Net Income) the incurrence of additional debt.
c) Long Term Leases, provided that after giving effect
thereto, the aggregate ar.nual lease payments covering all
lease obligations ~11 not thereafter exceed 2% of Un-
restricted Fund Balances. {Long Tenn Leases = non-capital-
ized non-cancellable leases with original tenns in excess of
'78ara.)
d) Secured Funded Debt, including Purchase f·bney ~JOrtgages,
(in an amount not more than 80% of the lesser of fair
market value or cost of property so acquired) provided
that after giving effect thereto {i) Secured Long Te~ Debt,
including Purchase I•!oney ll!ortgages, does not exceed 1. 5%
or Unrestricted Fund Balances and (i-i) the incilrrence tests
under a} and b) are met.
e) Short Tenn Debt; provided that after g~v~ng effect theretc
Short tenn Debt is less than the greater of $720,000 or
6% of Unrestricted Fund Balances, provided further, that no
Short Term Debt shall be outstanding for forty-five (45 )
consecutive days during any period of 12 consecutive months.
In the event the P~spital desires to incur Additional Funded
Debt in excess of the l~it prescribed above, for a bona
fide business purpose ~~d not to refund tr.e ~~tes , and
holders of more than t:4o-thirds of the then outstanding
Notes neither consent to such incurrence nor agree to
purchase the requested additional debt, then the Hospital
may (simultaneously with the incurrence of such additional
debt) prepay, at par, all of the outstanding ~btes, providinf
that it has (a) obtained a bona fide commitment from respon-
sible institutional lenders or public under~iters to
purchase all of the outstanding Notes in add ition to the
new Long Term Debt requested, and (b) the additional debt
is at least $1,000,000.
The Hospital will not sell a Substantial portion of its
assets (valued at the greater of book or fair market value)
to, nor ~erge into any other person without the prior
consent of the lenders, unless Swedish Medical Center is
the surviving entity and it can incur $1 of additional
long tenn debt.
(Substantial = Assets equivalent in v alue to 10% or more of
Unrestricted Fund Balances or assets which, over the past
five years, have generated 10% or more of annual net inccme .
'!be Hospital will not create any subsidiaries w1 th the
exception of subsidiaries directly involved in health care.
Subsidiary .borrowing is not permitted •
•
I • •
Sale and LP-ase back
Receiva:,les
Accred i tation
Insurance
Financial R e n o ~ts
Ot her Re::Y.>rts
Tax Inde~if i cat io n
~nses
•
•
• •
-}-
Not pel)lri; tted.
The Hospital will not sell its receivables for less than
the face amount thereof.
The Hospital shall retain its fully accredited status with
the Joint Cornnission on Accreditation of Hospitals or its
successor a&ency as •.Jell as maintain its elit>ibili t:; for
reimbursement under l·:edi care, Hedicaid and Blue Cro ss so
long as it is in the best interests of the Hospital and
the lenders.
The Hospital ~~11 keep in effect at all times ade~uate
insurance, and liability insurance, based upon periodic
independen~ appraisals, with reputable insurance cocpanies.
With regard to pr~fessional liability (malpractice) insurance .
the Hosp ital will caintain a program of prudent co·;era;;e
through reputa~le insurance carriers and/or self-insurance
on a basis satisfactorJ to the lenders.
The Hosp ital will furnish quarterly balance sheets and
statements of inco~ and surplus for t~e first, second
and third quarters, certified by the Hospital's ?r~n~ipal
financial officer, within 45 days of the end of the ~iscal
quarter; and annual balance sheets and statements o: i'-CO~e t
and surplus, audited by certified public acccuntants,
within 90 days of the end of the fiscal year. These ~ep:Jrts
will contain a certificate that a condition of d e~au l~ c:J~s
not exist and will s e t forth in conparati·;e fom the ~i~.res
for the corresponding periods of a year earlier.
The Hospital shall furnish copies of all corre sponde~ce
relating to a renewal or chan£e i n the accreditation status
of the Hospital with the Joint Co~ission.
If at any time in the future, interest on the Bonds is
detennined to be taxable, the Hospital shall prepay them at
par plus acc:rued interest plus a premium equal to ( i) one
years interest on the Bonds for each year or por1;ion
thereof during which interest is taxable and (ii) 2-"'!Y
interest or penalties required to be paid by any Bondholder
to the IRS.
Such other teres as are customar1 to transactions of this
nature.
The Hospital a g rees, whether or not this transaction is
finally c on s ~ated , to pay all eA~enses in c o nncct ~:n
with it, including the reasonable fees and expenses of
lender's special counsel , and bond counsel,
I •
(
•
AGENDA FOR THE
REGULAR MEETING OF
•
• •
THE ENGLEWOOD CITY COUNCIL
MAY 15, 1978
/~/71 Wo-t/~
7 :30 P.M. Call to order, invocation by Reverend Frederick Hahn ,
lmmat:tuel I.utherat:t Ca1:1reh, 3695 So1:1ta Acoma Stl'aet,
pledge of allegiance by Boy Scout Troop #92, and ·
roll , call.~ C £\..l..t.../1.,-t-L /d C (/~-uJ<J
1. Minutes.
a) Minutes of the regular meeting of May 1 ,
(\) 1978 . (Copies enclosed.) ~'U ~ \ ' ) Minutes o f t he special meeting of May 2' ~ 1978 . (Copies enclosed .) c
IY({",~~-Minutes o f the special meeting of May 8,
1978. (Copies enclosed.)
2. Pre-Scheduled Visitors .
(a) VMr . Alan Rice, Chairman , and Mr. Willis Burr ,
~+'Post Buddy Poppy Chairman, V.F.W. Post //322,
\ ~ will be present to accept a proclamation for ,,yt Jq the Veterans o f Foreign Wars "Buddy Poppy
1 \ We e k " start i n g on Ma y 22, 1978 . (Copies
e nclosed .)
Dr . DeWayne Glenn, Pr es i den t, Englewood United
Suburban Chamber of Co mmer ce, wi ll b e pre sen t
to discuss the United S t a t e s Open adver t i s i ng
and promotion. (Copies enclosed.)
Mr. Lowell Palmquist, Swedish Med i c al Cen ter,
will be present to dis cuss a Re s olut i on a p provi n g
authorization of the bond purchas e a greement
betwe en the City of Englewood , Sw e di sh Me d ical
Center, and Aetna Casualty and Surety Company.
(Resolution enclosed.)
Mr. Nathan Reel, A. & H. Roofing and Fen cing,
3029 South Sherman Street, will b e present to
~discuss his license revocation. (Report
·~ available at session)
3 . Other Visitors .
. n fl\r
•
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• . . •
Page 2
May 15, 1978 Agenda
4. Public Hearings.
(a) Consideration of annexation of property located
in the Santa Fe Drive/Union Avenue area of
Arapahoe County to the City of Englewood .
(Copies enclosed.)
(b) Mrs. Diane Swaim, Business Manager, Community
Arts Symphony, will be present to request a
special events permit -beer, wine, and liquor -
for June 17, 1978. (Copies enclosed.) ~8-/
(c) Mr. Daniel Lynch, Business Manager, All Souls
J ,Catholic Church, 4950 South Logan Street, will
1 ~0V be present to request a special events permit -
. 3.2 beer -for June 3 and 4, 1978. (Copies
enclosed.)
,1 f ~~~j-1Action Recoomended
(a) Minutes of the Housing Authority meeting of
March 28, 1978. (Copies enclosed.)
(b) Minutes of the Water and Sewer Board meeting
of April 18, 1978. (Copies enclosed.)
(c) Minutes of the Board of Adjustment and Appeals
meeting of April 12, 1978. (Copies enclosed.)
(d) Hinutes of the Board of Career Service Cormnission-
ers meeting of April 20, 1978. (Copies enclosed.)
(e) Financial Report for the .month of April, 1978.
(Copies enclosed.)
6 . Communications -Action Recommended.
(a) Memorandum from the Director of Finance to
the City Manager concerning a recommendation
for a bid award for Paving District No . 25.
(Copies enclosed.)
7. City Attorney.
Bills for Ordinances.
~LJ (a) Bill authorizing issuance of special assessment IV ~O 'r bonds for Paving District No . 25. (Copies
j enclosed .) . ..)l ~
I l, (} :'1 . ~
I fv
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(
•
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Page 3
May 15, 1978
7. City Attorney (Continued).
) Bill approving a contract between the City
of Englewood and the State of Colorado, /l,)~~ · .n ~.~epartment of Highways, concerning maintenance . fY .. \.-~af traffic control devices on state highways
within the City of Englewood. (Copies enclosed.)
(c) Bill rezoning certain real property within
·h~ the City of Englewood, from R-1-C, Residential
·Jl~A~.~ . District, to I-1, Light Industrial District,
~~w .~~reciting a waiver and imposing conditions
J ~ ~ Uthereon; amending the zoning map in accordance [»vY ,therewith; and providing for the recording of D this Ordinance. (Copies enclosed.)
Resolutions.
(d) Resolution authorizing the purchase or condem-
nation of a fee simple interest in certain J42r lands within the City of Englewood to provide
1Y sufficient publicly owned right-of-way for
street improvements. (Copies enclosed.)
Other Matters.
(e) Attorney's Choice .
j:t;f l'{l) n. ~ium.jrm ~
8. City Manager.
(a)
'\ .UJ-· zyl..t () 1jl u_)_s ~>
Memorandum from the Director of Parks and
Recreation to the City Manager concerning the
Lions Club Train Track repairs at Belleview
Park. (Copies enclosed .)
(b) Memorandum from the Director of Finance to the
City Hanager concerning the Sinclair Junior
High School Bathhouse Facility Bid. (Copies
enclosed.)
(c) Manager's Choice.
9 . General Discussion .
(a) Mayor's Choice.
(b) Councilman's Choice.
10. Adjournment .
()tct~~~7t
AND1-"MC COWN
City Manager
•
I • •
•
•
• -
tf_ ~,;) uJnlXff'ri
()..)&-' ~ ~ tu .. 'Y\
RO LL CALL
Moved Seco d d n e Ave Nav Abstain
Wil l i ams_~ -"'.;........ --
Sm1t t.
Haro~rr_
Clavton
Mann L "lT.ay~!JEU
~~ .xw~-v-J
;'( o..J:~
~1MAv
~j?zdc:-/
Cu0~
}llc~
•
Absent
I .
..
ROLL CALL
Moved Seconded Ave
Wil11am L:f-17
w .. h .. r 17
sm1tt. L7 -Haro~ v
Clavton v
Mann v
Mayor Ta ;~~ E!:....L V
•
•
• •
Nay
•
Absta1n Absent
I . .
I
"
•
• •
RO LL CALL
ed s d d A Ab A Mov econ e f-. ~e Nav sta n bsent
William~ v
W!!b!!r v
/ Smith v
./ v Haroe.r_ v v Clavton v
Mann v
Mayor T~~ V
•
• I . •
• •
• -
• •
ROLL CALL
M ed S d d A N Ab Ab t ov econ e
Wi 1 1 1 ams P-.
we ay sta n sen
_~.--"
/ v Wo:>ho:>r v-
v :>m1tr. l/' ·-Haro~ ~
Clavton v-
Han!L. _L v-
Mayor T~y)_?!:_L_,t...---'
I . .
• • --~In
• -
• -
ROLL CALL
Moved Seconded ~:~::am5 ~-Ave Nav Abstain Absent
v
L/'"
:)1111tr. /7
~ v Haro!:!__ J./"" v Clayton -v
Mann .v
MayorT~~~ EU t::7
•
• I . •
• •
• -
• -
ROLL CALL
H ed S dd A Ab A OY econ e lye Nav sta n bsent
Wi1 11ams -~ V"""
WPhPr -~
sm1tr. -_JL"_
Haro!!r._ v
~ Clavton ~
_]/ Mann _L ~
Mayor T~y_1_9 ':_j_ V
•
• I . •
• •
•
• •
ROLL CALL
"'ed s dd ov econ e ~:~~~am s ;fZ A we Nav Absta1n Absent
:>m1tr.
Haro~
Clayton
Mann L
Mayor Ta y} EU
~b .
1Jc /JJu,y -(/;(; c/ S }~ 'U I~ ?J o~~
/U~ r rMA x :!'Y ~
I . .
• •
•
• •
ROLL CALL
M eel S dd A OY econ e ~e Nay Abstain Absent
/ William ~ v ---1.7' -~ .... _V_
v Sm1tt. v --Hare~ v
Clavton ~
Mann LV"
lllayor T~xJE U v
)
I . .
• •
•
•
• •
ROLL CALL
"'ed s dd A ov econ e ~ve Nay AbstaIn Abs@nt ~:~::am ~ i:t= smnr.
Haro!rr_
Clavton
Mann L
MayorTa y_'E!:.J..
::} C . y .
J\ Mill (?o.Pn~
•
~ ~ru_ cfv1 na_ .u -U n rt d ~ ULMl atV
fl ~lY\ ~ r--U? l nto-;;U c: ~~ /)_.V>L-v~
I /?5 hLt.cJ (l..RJ , Y1 !U/-<-o..;_·l!-<_u o<"()
I. ~~ 10 L' "L <f Ctu-.L<UJ tL UA. L I.L<.f r, l(;_fl;u~
c:J . ~lo /U-r~t<-J ~, e1 ~
•
I . •
,
• -
• •
~QLL CALL
Moved Seconded Aye Nay Abstain bsent
Wi1 11am.<: -~ ~
W"'h"'r v
A
:>m1tt. /./"" v Hare~--~-
Clayton v v Mann J.,./"
Mayor T~y~_£J r L ~
I . .
• •
•
• •
RO LL CALL
M eel S d A Ab Ab ov econde \_Y_e Nav sta n sent
Wi 11 iam!: ---· _Weber sma r.
Haro~
Clayton
Mann IT Mayor Ta y~ _9 r
I . .
• •
• -
• •
-_...___
ROLL CALL
M ed S ov d d econ e A. •ve
Wil1iam~---
N av Ab sta n Ab sent
·-
loh>bl'r
:>m1tr.
~aro!rr._
Clavton
Mann I
Yoayor T~y~ 9!:i
I .
• •
,
• -
• •
ROLL CALL
Moved--Seconded Ave NaL Abstain Absent v Wil11llm$ -~ v
W!!ber v
5m1t r. v--
Haro~ I.--
_./ Chvton v--
Mann I /..,/'"
Mayor Ta ;r~EU V
I . .
• •
-
•
•
•
• •
ROLL CAL L
M ed S d d A ov econ e we Nav Abstain Absent Wil 1 i am~
-..,~~.-;;.. -
Smit'r.
Haro!rr_.
Clav.ton
Mann L
Mayor Ta_;r~ _9 :_~
s~ .11~ ~ ~ Oc4<UI/11/"-C-v 6"' /lw-J
U 'jhJ-r ~ 8 "o.J AI .
(;) d 3
I
~~~-·----------------~--~--~--~·--~------------~~lrL -
I . •
-_·-n
•
• •
ROLL CALL
Moved Seconded A
Wi 111 am ~---
~ye Nav Abstain Absent
~h ....
Smltt.
Haro!:r_
C1avton
Mann I
Mayor Ta y~ E!:_j_
I .
• •
,
•
• •
--~-~rn·~~~-~===-------------~--------~ -----
!iQL L CALL
Moved Seconded Abstain Absent
I . •
• •
•
• •
ROLL CALL
Moved Seconded Wil l iam ~ Aye Nay Absta n Ab nt se
w,.h,.r
~1t r.
Haro~
Clavton
Mann d Mayor Ta_y~ _9 r
c ~~r~Alab~~~
Ctw(; fo»"()fi)1 1J ·~~ ;~"
:3 ,, aide iu )vJ
• •
I . .
•
• •
ROLL CALL
N Abs ta 1 n Absent Moved Seconded
Wi1 11am .o; £ A_y_e ~
...weber.
2!!1_l_T.r.
..Hil:l!~ Cl~ton
Mann _i
.!!.~Or _!a y_,_£l r
~~~
/J~ ;JJ-1so s s X~ ~
~~ ~ c---r~~~ J=j.A
I .
• •
•
• •
RO LL CALL
Moved Seconded Ave Nay Absta fn Abs@nt Wi 11 1 am .~ _L.:._ (./
WPhPr v -..... -s-mwr. ..... v Haro«.._ _I? 17 Clayton v Mann I J....---
--r-fayor Ta_y_1_9 r L--?
I .
• •
•
• •
ROLL CALL
s Moved econded
W11112m5 _¢;::_
Ave Nav Abstain Absent
}./'
L...---" Wol"•r v
:>m1t r. ~
Haro~ {/
}/ Clavton 17
Mann 17
MayorTa_'YJE!:....i 17
I
c1/f) II d /;}_
' ' '
I . .
• •
•
• •
ROL L CALL
Moved Seconded ./ Ave Nay Absta n sent William_.. !
w .. l\;r
Ab
. smnr.
...lfirD~rr_
Clayton
Mann I
Mayor laz:! Er
I .
• •
-•
• •
-~ ---...., _______ .......__~--------
ROLL CALL
Moved Seconded A Wi1 1 1 ~ ~Ye Nav Abstafn Absent
w .. h .. r ·--
sm1t r.
Haro~U:_
Clavton
Mann ± --p,-ayor Ta y] .9 !:.
----
l/))7£vL~ c; /(VyV)UYJu
~t;___L ft_~ u4-W
-~,J~rv~~ .
-j)/[M ·dJ .~ f4>1il) ~ ~ ()AJ ·~c-
-Jdjso ~~£_.~
Vaoruv ~ kWh ?~ ·~-<-~;/~(/lf~
V [UYL ~
()
c; ClAt--JLtMr 1 dJc'Lh.~.v ~ · ~~ 'l>' tUA<.-u
k?L/JJ~~
(j) CU[~ {-::-~if" tU1Ut.J ;{; ~/}IL~
;@ O O~'YI..I
B' Jhc:OA .
• •
I .
. -
Moved Seconded
•
•
•
• •
ROLL CALL
Williams t:P' Aye Nav
WPhPI"
SmTih
Harner_
Clayton
Mann
Mayor Ta y_l or
•
Absta fn Absent
I .
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I
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•
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ROLL CALL
Moved Seconded
William $ -r AYe Nay Absta fn Absent
w.,.h.,.,.
:llllltr.
..JJl!'! i:l4rD@r
Clayton
Mann
lofayor r ay_1 or
£;C4 0/IYLdcu ~ 'buall'LJ n~
lu II Ju,v~ /),~ ~cJ yzuu-~(1--:
(i!ldi!J /Ut _itr;'j Ao )/,1--' UIL~~
~. ~ JJ ~ {!;;lj_R_/ r1~~
UTl ~4~v ~-lL
•
--,.---_
I . .
•
•
,. •
ROLL CALL
H ed S d d ov econ e
1\YI! ay s n sen Willfam !l~ v ~.;;:-y ~_1_tn
A N Ab taf Ab t
~ Harol!!r v k Cl~ton ~ J..--Mann ,_.........
Mayor Ta y_l cr £....--
I . .
• •
•
• •
•
Moved Seconded
A4;JJ/o l r:?J I o
•
• •
ROLL CALL
A N
William!; ~ ~e ay Abstain Absent
...weber
~r.
_Haroer
Cl~ton
Mann
_Mayor T~y_l Er
I . •
•
• -
• •
-------
ROLL CALL
H ed S dd ov econ e Aye Nay Abstain Absent Willi am!: "!-' v _web.,;;: v smar. 17 Har"D:tt_ ~ ._....;;-Clavton ~ v Mann v--Mayor Ta y}_p r v
• /lfwfi .L "' (' /1 ~ .
~a~ s,ifZU/Y)
~~
• 07/Jli (!_ff,rt uJ ~~ I . •
• •
•
• -
-------
ROLL CALL
"'ed s dd A ov econ e ~e ay s n sen Wi11 illmll N Ab ta1 Ab t
....weber
~
.limltt_
Cl~ton
Mann
~or _!~y_l_E r
I . .
• •
•
• •
----
ROLL CALL
M ed S ov d d econ e A we Nay Ab sta n Ab t sen
Wi 111 ams q..-v
~ Wo>hPr v-
~1ti1 /.,/'
/.--" Harn!![_ .t...--Clayton ~
Mann v-
Mayor Ta y]_9r ~
I .
• •
• -
• •
------------------------~=------~
ROLL CALL
Ho~ Seconded ~e N~ Absta 1n Absent ../L._ Wi 11 iams .. l.t' v-
L"' ...weber v--
~l!!!!.f'l ..!:::::::::
Jimuu:_ .L--Clt!Y_ton 1,..----
Mann ~ M~or T~:tJE r ~
I .
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-
•
•
• -
ROLL CALL
Moved Seconded. _Lf_ Ave Nav Abstain Absent v W1111ams '+ L/'
v -W~r ~
Smltn ,__.....
ll"ar01•r
, __
r Clayton ,~
f2t7 Mann 1---"1-fayor Ta y)_9 r ~
rf&'¥1 c<"-r J0 J ~~.J.VOlf.<o fJto ,~
4C? !J q ' A, .. > he~--<~iJ ~1 t .. o/U~ ~
s~-)/A _ _j __ ) {1}-/lf:.ccrr-2 I >..d vp1TJb-~
(;<./tfr-{1-!-._ij ~ r -~~--0(./0 ~0-uU.. (S-c.h-tr/J)
. --~------~------------~-•
I . •
•
• •
-----~--------~-----~--------
ROLL CALL
Moved Seconded A we Nay Abstain --v Wi111 am~ 'f-'
I_,./" loll!bl!r
~ltll
Harot'!r
Clayton
Mann
Mayor Ta y~ or
.~--~~~------------------~ •
Absent
I . .
•
• •
ROLL CALL
H ed S dd A Na Ab taf Ab t ov econ e 0\.Ye ~ s n sen Williams '+" _v
~er ~
_:>lllj_tr. {../'
Haroer v--v Cl~ton v
.j..-Mann ...ic::_
Mayor Ta yJ.E r ~
•
I . .
• •
-
0
•
ROLL CALL
M eel S dd A OY econ e ~e _!....--"" Wi ll1am~ _k:t' ~
W!!bl'r ..1.c::_ :>mltn ,....___. Mrott_ ~ Cl~ton ~ Mann
.. ~. _l'l~or T~yJ_9r ..J.c::_
~ a)_ Q :~s' (J ill.
'lo~ oJ. q:J o J· fn.
•
•
• •
N a_y Ab taf s n Ab t sl!n
1L"
I . •
•
• -
• •
1~-
ROLL CALL
ed s d d A Na A A Hov econ e ~e ~ bsta n bsent William~ v
--.WehE!r v
~_!_til ~
..l:lirDfi_ v-
r--Cl~ton v-
Mann 1/'
Mayor T~y_lc r v-
I . .
• • n
• -
• •
ROLL CALL
Hoved Seconded Aye Nay Abstain Absent v Wi 11111ms "' ........... v smn n v
HarotU:_ v
Clavton v v Mann i V
Mayor Ta y_1 or 1 v
I .
•
• •
•
• •
-
ROLL CALL
Moved Seconded j Ave Nav Absta n Ab t sen
Wi 111ams L..t
W1>b1>r
:>1111t l1
Harof!r
Clayton
Mann
Mayor iaYJcr
I .
• •
• -
• •
ROLL CALL
Abstafn Absent
fl~fr41 ur (Ji£& :J~c Cf ~/) ~
-13 J_~ tv at; a Cf -~::?
~~
ln:fc;r~
I .
• •
• -
• •
ROLL CALL
Moved Second d e Ave Nav Abstain Wi111 ams 'f-/ Absent
~
;)11'1 n
Harn,.r
Clavton
Mann
Mayor ra y_l or
UnV/Ylfb~1
-.) '(!__ '-A~ jlL ~ ~ /YYl-0 1'
rJtP" ~ 1LJ ~ /1 W ~
I . .
•
,
• -
• •
ROLL CALL
n e Ave
Wi 111 ams c.L--' Nav Abstain Absent v _Web~r -r ~
Moved Seco d d
/ I/
:>m1tn /.....--"'
Harn .... v Clavton v-
L/
Mann ,_,.....
l.favor Tay_lo r [..?
I . •
• •
•
• -
ROLL CALL
ed s d A Hov econde we Nav sta n sent Williams LP {.7 J7 WPhPr v
Ab Ab
Slnttn -v HarD@r v 17 Clayton ,_......-
Mann L,./'
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ROLL CALL
Movett Seconded I Ave Nav Abstafn Absent v W111fams -..::p -v
w .. h .. r T v
Sln1tr. v
Harner 17
Clavton i/
v Mann &7 __,
Mayor Ta y] or {7
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ROLL CALL
Seconded 1-~e N~
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Moved..:::.
Wi111am~-+=-_J
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Abstain Absent
I ~"!.!..!:_r.
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Cl~ton
i ....!!!:!. Mann
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ROLL CALL
M~v~ Seconded Ave 1/ Wil11am s~ Nav Absta fn Absent v ... ~-v sm1 r. l/ Harll-ir v--_, Clavton v Mann ~
lfayor T~y_1 E r J2
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ROLL CALL
Hed S ndd ov eco l' A we Nav Abstain Absent
lf1i:>'" Wi111ams / ,_...
w .. h .. r v
sm1tn L ..-
Haroer £.,.--
Clavton J....--
Mann ,___....-
Mayor Ta y_:J or v--
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ROLL CALL
Hoved Seconded Ave
Will1ams C 17 v WiPhiPr I v -s-mTt'n 1.7 -Haroer v
Clayton v T7' Hann i7 -,.rayor Tay].Er v
1 d. ~rJ ~'"" #''f:J-
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Hav Abstain Absent
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------------------------------~--------------------------
ROLL CALL
Abstain Absent
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. .-----------------~------~-------•
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ROLL CALL
Moved Seconded
Williams Lt-'"
Jil!ber
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Clavton
Mann
Yoayor Ta y_lc r
J b
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jt1 Ulrrl /liL ~~ ~!Ju eX ~ti -n~..-0
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•
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ROLL CALL
Moved Seconded
Will films w Aye Nav Abstafn Absent v v w~ .... v :1111 r: v
/
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v Clavton v---
Mann v-Mayor Tay_]or 1/ ~---
~ ;cu--cr h-~ ~/--z_-~
deL fl)A/~ o ceo SJ~
•
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•
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--~----------
RO LL CALL
"' ed s d d ov econ e
~e a...r s n sen Wi 11 fams
A N Ab taf Ab t
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l:tilrDtt_
Cl~ton
Mann
_!layor _Ia ;r_f_9 r J
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REGULAR MEETING:
•
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
May 1, 1978
1 N
Due to attendant responsibilities associated with public
service, several Council members were unab le to attend the regularly sched u led meeting of the City Council .
This regular Council meeting was postponed until May 2,
1 978 and acknowledgement of receipt of not ice of a special meeting
is shown below and submitted as a matter of record .
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE
The following persons, all Council Members of the City of Englewood,
do hereby acknowledge receipt of notice of the above s pecial session.
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
May 2, 1978
SPECIAL MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in special session on May 2, 1978, at 7:30 p.m.
order. Mayor Pro Tern Mann, presiding, called the meeting to
The invocation was given by Reverend Frederick Hahn,
Immanual Lutheran Church, 3695 South Acoma Street. The Pledge
of Allegiance was led by Boy Scout Troop #92 .
Mayor Pro Tern Mann asked for roll call. Upon a call
of the roll, the following were present:
Council Members Williams, Weber, Smith, Harper,
Clayton, Mann.
Absent: Council Member Taylor.
The Mayor Pro Tern declared a quorum present.
* * * * * *
Also present were: Assistant City Manager Curnes
City Attorney Berardini
Director. of Public Works Waggoner
Director of Engineering Services
Diede
Director of Finance/City Clerk James
Deputy City Clerk Watkins
* * * * * *
COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE
REGULAR MEETING OF APRIL 17, 1978. Councilman Weber seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber, Smith, Mann.
Nays : None.
Abstain: Council Member Harper.
Absent: Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
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May 2, 1978
Page 2
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COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE
SPECIAL MEETING OF APRIL 24, 1978. Councilman Weber seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber, Harper, Mann.
Nays: None.
Abstain: Council Member Smith.
Absent : Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Pre-scheduled visitor, Walt Imhoff, of Hanifen, Imhoff,
and Samford, appeared before Council and discussed the sale of
bonds for Paving District No. 25. Mr. Imhoff stated a total of
five competitive were received and the lowest bid was from Kirchner,
Moore and Company with an average interest rate of 5.359%. Mr. Imhoff
submitted and entered into the record a memorandum from himself to
the Council recommending the award be made to Kirchner, Moore and Company.
RESOLUTION NO. 37, SERIES OF 1978
WHEREAS, IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION AND INSTAL-
LATION OF STREET AND ALLEY PAVING, CURB AND GUTTER, AND SIDEWALK
IMPROVEMENTS WITHIN PAVING DISTRICT NO. 25, THE CITY COUNCIL HAS
DETERMiNED TO ISSUE SPECIAL ASSESSMENT BONDS OF THE CITY.
COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 37,
SERIES OF 1978 WITH THE ACCEPTANCE OF THE BID FROM KIRCHNER,
MOORE AND COMPANY FOR TOTAL AMOUNT OF INTEREST OF $140,186.75
AT AN EFFECTIVE RATE OF 5.35953%. Councilman Williams seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Mr. M. M. Summers, 3140 South Delaware Street, appeared
before Council and discussed the circumstances involved in the
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May 2, 1978
Page 3
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problems he has experienced trying to get a contractor to properly
roof his house. Mr. Summers entered into the record photographic
copies of the expenses he incurred for this project and asked Council for retribution.
* * * * * *
Mayor Pro Tern Mann asked if there were any other visitors
in the audience wishing to be heard on any matter.
* * * * * *
Beverlee Howe, 3255 South Delaware, appeared before Council
and discussed her objection to including the 3200 block of South
Delaware in Paving District No. 25. Mrs. Howe stated she felt the
residents on her block had been treated unfairly because they had
turned in protest petitions and letters just like the residents
of other streets who got their streets deleted.
Councilman Smith stated it was his own personal feeling
that Council did not use the same basis for leaving in certain streets
and deleting others. Councilman Smith stated since there will pro-
bably be a delay in the construction bid award ; in the interim he was
looking into proposing an amendment to the ordinance that would re-
move the streets Mrs. Howe mentioned.
Mayor Pro Tern Mann requested the Director of Engineering
Services appear before Council to answer additional questions asked by Mrs. Howe.
Gary Diede, Director of Engineering Services, appeared
before Council and explained the reasoning behind creating pav-
ing districts as well as pointed out the specific needs for South
Delaware and South Elati that would bring them up to standards.
Mrs. Howe continued to express her dissatisfaction and
stated she still felt the decision to leave South Delaware in
the district based on the engineer's report rather than delete it
based on protest petitions and letters was incompatible with
Council's decision for other streets.
* * * * * *
Mayor Pro Tern Mann asked if there was anyone else in
the audience wishing to speak to Council on any matter. No one replied.
* * * * * *
COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING CON-
CERNING THE VOLUNTEER FIRE DEPARTMENT'S REQUEST FOR A SPECIAL EVENT
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May 2, 1978
Page 4
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PERMIT FOR THE 68TH ANNUAL FIREMAN'S BALL TO BE HELD MAY 13, 1978 IN
THE BLUE ROOM, CINDERELLA CITY. Councilman Weber seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber, Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Mayor Pro Tern Mann asked if there was anyone in audience
who wanted to speak in favor of granting the permit.
* * * * * *
Paul Newport, a member of the volunteer fire department,
2974 W. Chenango, appeared before Council. Mr. Newport entered
into the record a picture of the posted notice of public hearing;
a letter from New Englewood, Ltd. allowing beer, wine and liquor
to be sold at the ball; a list of responsibilities that the fire-
men will perform; and a letter from Cinderella City Englewood
Merchants, Inc. on the accomodations they will provide. Mr. Newport
requested Council grant the permit.
* * * * * *
Mayor Pro Tern Mann asked if there was anyone else in the
audience in favor of granting the permit. No one replied.
* * * * * *
Mayor Pro Tern Mann asked if there was anyone wishing to
speak against gran t ing the permit. No one replied.
* * * * * *
COUNCILMAN WILLIAMS MOVED TO CLOSE THE PUBLIC HEARING.
Councilman Weber seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes:
Nays :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
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May 2, 1978
Page 5
Absent:
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Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
COUNCILMAN WILLIAMS MOVED TO GRANT THE SPECIAL EVENTS
PERMIT FOR THE VOLUNTEER FIRE DEPARTMENT FROM MAY 13, 1978 9:00
P.M. TO MAY 14, 1978 1 :00 A.M. IN THE CINDERELLA CITY, BLUE MALL.
Councilman Clayton seconded the motion. Upon a call of the roll,
the vote resulted as follows :
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING
CONCERNING AN ORDINANCE ON FINAL READING APPROVING THE WHOLE
COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 24. Council-
man Weber seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
Th e Mayor Pro Tern declared the motion carried.
* * * * * *
Director of Public Work Kells Waggoner appeared before
Council and presented a full report on Paving District No. 24 which
extends from the south one-half of West Evans Avenue from the center
line of South Zuni Street to the center line of South Raritan Street.
Director Waggoner stated the total cost of Paving District No. 24
is $69,273,25; the City's portion is $22,018.59; and the assessable
amount is $47,254.66.
* * * * * *
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May 2, 1978
Page 6
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Mayor Pro Tern Mann asked if there was anyone in the audi-
ence wishing to speak in favor of Paving District No. 24 assessments.
* * * * * *
W. F. Chrisman, D & W Construction Company, 1810 W. Evans
Avenue, appeared before Council and stated even though he protested
the district at the public hearing, he was impressed with the good job the crew had done.
* * * * * *
Mayor Pro Tern Mann asked if there were any other people
wishing to speak in favor of the paving district assessments. No one responded.
* * * * * *
Mayor Pro Tern Mann asked if there was anyone wishing to
speak against the paving district assessments. No one responded.
* * * * * *
COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Coun-
cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCIL MEMBER WILLIAMS
BY AUTHORITY
ORDINANCE NO. 10, SERIES OF 1978
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN
PAVING DISTRICT NO. 24, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV-
ING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR
TRACT OF LAND IN SAID DISTICT; 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.
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May 2, 1978
Page 7
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COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 10,
SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Mayor Pro Tern Mann declared a recess at 8:35 p.m. The
Council reconvened at 8:50 p.m. Upon a call of the roll, the fol-
lowing were present:
Council Members Williams, Weber, Harper, Clayton, Mann.
Absent: Council Members Smith, Taylor.
The Mayor Pro Tern declared a quorum present.
* * * * * *
Councilman Smith re-entered the meeting at 8:53 p.m.
* * * * * *
"Communications -No Action Recommended" on the agenda were received:
(a)
(b)
(c)
(d)
(e)
Minutes of the Housing Authority regular meet-
ing of february £8, and special meeting ot
March 7, 1978.
Minutes of the Board of Adjustment and Appeals
meeting of March 8, 1978.
Minutes of the Planning and Zoning Commission
meeting of March 21, 1978.
Minutes of the Denver Regional Council of
Governments meeting of March 22, 1978.
Minutes of the Library Board meeting of April
1978 •
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May 2, 1978
Page 8
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Minutes of the Parks and Recreation Commission
meeting of April 13, 1978.
* * * * * *
COUNCILMAN WEBER MOVED TO GRANT THE REQUEST FOR A 3.2
BEER LICENSE RENEWAL -CONSUMPTION OFF PREMISES FOR 7-ll STORE,
2705 SOUTH BROADWAY. Councilman Williams seconded the motion.
Councilman Clayton commented on the police report being
incomplete and stated he would like the report to include all police calls.
Councilman Weber explained the police have been called
there numerous times for robberies; consequently, those calls were
not listed because there are irrelevant to this request and could
not be charged against their license privilege.
Councilman Clayton stated he understood the robbery calls
would have no effect on the license privilege ; however, he still
wanted to review an all inclusive report.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
COUNCILMAN WILLIAMS MOVED TO SET TWO PUBLIC HEARINGS AT THE
NEXT REGULAR COUNCIL MEETING, MAY 15, 1978 FOR TWO SEPARATE REQUESTS
FOR SPECIAL EVENTS PERMIT -ONE SUBMITTED BY THE COMMUNITY ARTS
SYMPHONY FOR JUNE 17, 1978 TO BE HELD IN THE BLUE ROOM, CINDERELLA
CITY AND THE OTHER ONE SUBMITTED BY THE ALL SOULS CATHOLIC CHURCH
FOR THE ANNUAL CARNIVAL JUNE 3-4, 1978. Councilman Weber seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
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May 2, 1978
Page 9
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Assistant City Manager Curnes presented a memorandum from
the Director of Finance/City Clerk James stating a petition has been
received in the City Clerk's office for annexation in the area, 1470 West Tufts Avenue.
COUNCILMAN WEBER MOVED TO RECEIVE THE PETITION FOR ANNEXA-
TION AND REFER THE MATTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE CITY ATTORNEY. Councilman Smith seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Assistant City Manager Curnes presented a memorandum
from the Director of Public Works to the City Manager recommending
the contract between the City of Englewood and the State Depart-
ment of Highways for the operation and maintenance of the traffic
control devices located along South Broadway and Hampden Avenue be executed.
COUNCILMAN WILLIAMS MOVED TO DIRECT THE CITY ATTORNEY
TO PREPARE AN ORDINANCE ADOPTING A CONTRACT FOR THE OPERATION AND
MAINTENANCE OF TRAFFIC CONTROL DEVICES ALONG SOUTH BROADWAY AND
HAMPDEN AVENUE. Councilman Weber seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
City Attorney Berardini requested the ordinance on final
reading authorizing a sale and conveyance of a building located at
3333 South Lincoln Street, Englewood, Colorado, to the Englewood Hous-
ing Authority be delayed because HUD has not yet approved the method
of financing on revenue bonds.
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May 2, 1978
Page 10
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Assistant City Manager Curnes stated he spoke to Walt Imhoff
regarding this matter and was informed there would probably be a two
to four week delay in HUD's approving the sale. Mr. Imhoff recommended
the ordinance be postponed until the first regular meeting in June.
COUNCILMAN WILLIAMS MOVED TO POSTPONE THE ORDINANCE UNTIL
THE REGULAR MEETING, JUNE 5, 1978. Councilman Clayton seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCIL MEMBER WEBER
A BILL FOR
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS
OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 25,
FOR THE CONSTRUCTION AND INSTALLATION OF STREET AND ALLEY PAVING,
CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, IN SAID DISTRICT;
PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT
OF SAID BONDS AND THE INTEREST THEREON.
COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE
ON FIRST READING AND SET THE PUBLIC HEARING FOR MAY 15, 1978. Council-
man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Assistant City Manager Curnes presented a proclamation
for National Public Works Week scheduled for May 21-27, 1978 •
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May 2, 1978
Page 11
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COUNCILMAN SMITH MOVED THE COUNCIL DECLARE MAY 21-27,
1978 AS "PUBLIC WORKS WEEK" IN THE CITY OF ENGLEWOOD AND ALLOW THE
MAYOR TO SIGN THE PROCLAMATION. Councilman Clayton seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
COUNCILMAN WEBER MOVED THE COUNCIL DECLARE MAY 15-21,
1978 AS "NATI ONAL TRANSPORTATION WEEK IN ENGLEWOOD" AND MAY 20,
1978 AS "NATIONAL DEFENSE TRANSPORTATION DAY" AND ALLOW THE MAYOR
TO SIGN THE PROCLAMATION. Councilman Williams seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
RESOLUTION NO. 38, SERIES OF 1978
A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD REGRETFULLY
ACKNOWLEDING THE RESIGNATION OF GEORGE ALLEN JOHNSON, EXECUTIVE
DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY, AND EXPRESSING
APPRECIATION FOR HIS SERVICE TO THE CITY.
COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 38,
SERIES OF 1978. Councilman Weber seconded the motion.
Councilman Clayton expressed his appreciation for
the manner in which Al Johnson has served the City of Englewood
and wished him well in his new position .
Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Clayton, Williams, Weber,
Smith , Harper, Mann •
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May 2, 1978
Page 12
Nays:
Absent:
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None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Assistant City Manager Curnes presented a resolution
that would fund $7 ,5 00 for t he Eco-Cycle Program which Council
approved in concept at a previous meeting. Assistant City Manager
Curnes stated the administration would have no objection if Council
tabled the resolution until the outcome of the discussions with the EPA are known.
COUNCILMAN SMITH MOVED TO TABLE THE RESOLUTION THAT WOULD
FUND $7,500 FOR THE EGO-CYCLE PROGRAM. Councilman Weber seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
RESOLUTION NO. 39, SERIES OF 1978
WHEREAS, THE CITY OF ENGLEWOOD IS CONCERNED ABOUT THE STABILITY
OF RESIDENTIAL AREAS WITHIN THE CITY.
COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 39, SERIES
OF 1978. Councilman Clayton seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes: Council Members Clayton, Williams, Weber, Smith, Harper, Mann.
Nays : None.
Absent: Council Member Taylor.
The Mayor declared the motion carried.
* * * * * * I •
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May 2, 1978
Page 13
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RESOLUTION NO. 40, SERIES OF 1978
A RESOLUTION AMENDING THE 1978 ANNUAL GENERAL FUND BUDGET.
Assistant City Manager Curnes stated this resolution
provides for the use of Title II Antirecession monies for addi-
tional help in the Engineering Services Department for a Draft-
ing Technician to work on the city maps and in the Employee
Relations Department for a Personnel Technician to facilitate
the implementation of the Benchmark Classification System.
COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 40, SERIES
OF 1978. Councilman Weber seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Assistant City Manager Curnes presented a memorandum
from the Director of Engineering Services and the Director of Parks
and Recreation concerning repairs of the Lion's Club train track at
Belleview Park.
Councilman Smith stated there should be more communi-
cation regarding what the Lion's Club plans are and what the City's
plans are towards making the repairs and paying for them.
COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL THE
STUDY SESSION ON MAY 15, 197 8 , AS WELL AS INCLUDE THE ITEM ON THE
AGENDA FOR MAY 15, 1978 . Councilman Harper seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
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May 2, 1978
Page 14
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Assistant City Manager Curnes presented a memorandum
from the City Manager recommending the initiation of the Service
Awards banquet that was discontinued in 1975 and to begin the
banquets this year with a modification of the rules as per the
attached memorandum from Director of Public Works Kells Waggoner.
COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATION FROM
THE CITY MANAGER CONCERNING THE SERVICE AWARDS AND THE COUNCIL PRO-
CEED WITH THEM AS RECOMMENDED IN HIS LETTER OF APRIL 20, 1978, FOR
ONE YEAR AND GET A REPORT BACK REGARDING THE EXPENSE AND SUCCESS .
Councilman Harper seconded the motion.
Assistant City Manager Curnes referred to the memorandum
from Director Waggoner dated March 27, 1978 in which the committee
recommended the City pay for only those receiving awards plus the
City Manager and City Council. Assistant City Manager stated the
City Manager felt he should not be included on the list; although
it would be appropriate for the Council. Assistant City Manager
Curnes stated the City Manager would be happy to pay his own ad-
mission to the banquet.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None .
Council Member Taylor.
The Mayor Pro Tern declared the ·motion carried.
* * * * * *
Assistant City Manager Curnes presented a memorandum from
the Director of Finance, Purchasing Agent and the Director of En-
gineering Services regarding Paving Dis trict No. 25 and the award
of construction contract.
COUNCILMAN WEBER MOVED TO POSTPONE THIS MATTER UNTIL
THE MEETING OF MAY 15TH AND ASK THE CITY ADMINISTRATION TO LOOK
AT THE SPECIFICATIONS BEING THERE SEEMS TO HAVE BEEN A PROBLEM
WITH BIDDING CONCERNING SOME OF THOSE SPECIFICATIONS AND THAT THE
CITY ADMINISTRATION SEEK ALTERNATE BIDS AFTER THE SPECIFICATIONS
HAVE BEEN ADJUSTED. Councilman Smith seconded the motion.
City Attorney Berardini stated the irregularities appeared
in the area of warranties. City Attorney Berardini stated the memo-
randum suggests that a two year warranty on concrete and a two year
warranty on paving be the accepted standard and this is what the
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May 2, 1978
Page 15
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City will be seeking on the alternate proposal for those who had bid.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Clayton, Williams, Weber,
Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
Assistant City Manager Curnes transmitted the 1977
Annual Report for the City of Englewood.
* * * * * *
Assistant City Manager Curnes requested Council confirm
the past "Memorandum of Understanding" that has been concluded
by the Council, the Administration, and the Employees' Association.
COUNCILMAN SMITH MOVED THAT BASED UPON THE INFORMATION
FROM THE CITY MANAGER IN HIS MEMO DATED APRIL 27TH THE COUNCIL CON-
FIRMS THE PRESENT "MEMORANDUM OF UNDERSTANDING" WITH THE CITY EM-
PLOYEES AS STATED WITH THE FOLLOWING CHANGE -IN THE NEXT TO THE
LAST LINE IN THE MEMO, AND/OR ORDINANCE BE INSERTED AFTER CONTRACT.
Councilman Weber seconded the motion.
At the request of Mayor Pro Tern Mann, the Clerk read
back the paragraph with the suggested insertion.
"The City Council and administration of the City
of Englewood recognize and concur with the process
of collective bargaining for the establishment of
employees' salaries and benefits. We recognize that
clearly established benefits and/or compensation
as set out by contract (insert -and/or ordinance)
and approved by all parties are in force, and suggest
that all parties, through good faith negotiations,
will include all terms and conditions agreed upon,
and that both parties will adhere to the approved
Memoranda of Understanding."
Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Clayton, Williams, Weber,
Smith, Harper, Mann •
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May 2 , 1978
Page 16
Nays:
Absent:
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None,
Council Member Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL MEETING
OF THE CITY COUNCIL. Councilman Weber seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes :
Nays :
Absent :
Council Members Clayton, Williams, Weber, Smith, Harper, Mann.
None.
Council Member Taylor.
The Mayor Pro Te rn declared the motion carried and adjourned the meeting at 9 :35 p.m.
•
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
May 8, 1978
1 c .
SPECIAL MEETING:
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in special session on May 8, 1978, at 7:40 p.m.
The invocation was given by Councilman David Clayton. The
Pledge of Allegiance was led by Mayor Pro Tern Mann.
Mayor Pro Tern Mann, presiding, called the meeting to order
and stated the purpose of the meeting was a public hearing to con-
sider the annexation of property located in the Santa Fe Drive/Union
Avenue area of Arapahoe County to the City of Englewood.
Mayor Pro Tern Mann asked for roll call. Upon the call of
the roll, the following were present:
Council Members Weber, Smith, Harper, Clayton, Mann.
Absent: Council Members Williams, Taylor.
Councilman Smith stated since the attorney representing
the group of citizens petitioning for annexation to the City of
Englewood is also his personal attorney, he must excuse himself from
the meeting in order to prevent any possible conflict of interests.
Mayor Pro Tern Mann declared a quorum was not present.
1978.
Council agreed to request a postponement until May 15,
Mayor Pro Tern Mann adjourned the meeting at 7 :50 p.m.
•
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City of Englewood
FROM THE OFFICE Of THE MAYOR
JAMES l. TAYLOR
CITY COUNCIL
James L. Taylor . Mayor
Vern Mann . Mayor Pro Tem
David B. Clayton -At Large
Donald L.R. Smith -I
Donald M. Weber -II
Donald W Williams -Ill
Donald W Harper -IV
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P R 0 C L A M A T I 0 N
C I N D E R E L L A C I T Y P 0 S T
E N G L E W 0 0 D C 0 L 0 R A D 0
3400 So. Elati St .
Englewood . Colorado 80110
Phone 303-761 -1140
WHEREAS, The annual sale of Bud dy Poppies by the Veterans o f
Foreign Wars of the United States has been o fficiall y recognize d an~
endorsed by governmental leaders since 1922; and ·
WHEREAS , V.F.W. Buddy Poppies are assembled by disabled veterans,
and the proceeds o f tltis wo rthy fund-raising campaign are used exclusively
for the benefit of disabled and needy veterans, and the wi dows and o rphans
of deceased veterans; and
WHEREAS, The basic purpo se of the annual sal e o f Buddy Po ppies
by the Veterans o f Fo reign Wars is e loquently reilecte d i n the desire to
"Honor th e Dead by Healpi ng the Living ."
NOW , THEREFORE , I , JAMES L . TAYLOR , Mayor of the City of
.Englev ood , Colorado , proclaim the veek of May 22 , 19T8, as
"VETERANS OF FOREIGN WARS BUDDY POP PY WEEK"
and do hereby urge th e citizens of this community to recognize the merits
of this caus e by contributing generously to its support by the purchas e · of
Buddy Poppies on Friday and Saturday, May 26 and 27 , in appreciation for
the sacrifices o f' o ur honored deud . I further ur,;e all patri o tic citizens
to pro udly wear u Duddy Poppy as evidence of our g r atitude t o the men of
this country wh o ri~ked their lives in the de fense of the freedoms wh ich
ve contin ue to enj oy t o day us American citizens .
DATED this 15th day of May , 1978 •
J A ~I E S L • T A Y L 0 R , Mayor
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City of Englewood
FROM THE OFFICE OF THE MAYOR
JAMES l. TAYLOR
CITY COUNCIL
,.
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James L. Taylor . Mayor
Vern Mann . Mayor Pro Tern
David B. Clayton -At Large
Donald L.A. Smith -I
Donald M. Weber -II
D<>nald W Williams -Ill
Donald W. Harper -IV
P R 0 C L A M A T I 0 N
T 0
C I N D E R E L L A C I T Y P 0 S T
E N G L E W 0 0 D CO L O RADO
3400 So . Elati St
Englewood .Colorado 80110
Phone 303 -761 -1140
WHEREAS , The annual sale o f Buddy Po ppies by the Veterans o f
Fo reign Wars of the Unite d States has been officially recognized an4
endorsed by governmental leaders since 1922; and ·
WHEREAS , V. F .W. Buddy Po ppies are assembled by disabled veterans,
and the proceeds o f t~is worthy fun -raising campaign are us e d exclusively
for the benefit of disabled and needy veterans, and the widows and orphans
of deceased veterans; and
WHEREAS, The basic purpos e of the annual sale o f Buddy Poppies
by the Veterans of Fo reign Wars is eloquently re.fl ected in the desire to
"Honor the Dead by Healpi ng the Living ."
NOW, THEREFORE, I, JAMl•S L . TAYLOR, May o r o f the City of
~nglevood , Colorado, proc laim the week of May 22 , 1918, as
"VETERANS OF FOREIGN WARS BUDDY POPPY WEEK"
and do hereby urge the c itizens o f this community to reco gnize the merits
of this caus e by contributing generously t o its support by the purchase o f
Buddy Poppies o n Friday and Sat urday, May 26 and 2 1, in appreciation f o r
the sacri fi c e n of' nu r honu r ,..d de~>d . I further ur ·r,e aJ 1 patri o tic citizens
t o pro udl y wear u fiudd,y Po ppy as evidenc.:e of uu.r· gratitude t o the rren o f
this cowrt ry wh o ri 1;ked their li vcs in lhe defense of the freedoms which
""' con tinue t o rr,joy t utlny hs American <'i t.i ze ns .
DATED his 15 h day o f May, 1918 .
J A M ~ f L • T A Y L 0 R , Mayor
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City of Englewood
FROM THE OFFICE OF THE MAYOR
JAMES l. TAYLOR
CITY COUNCIL
•
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James L. Taylor . Mayor
Vern Mann . Mayor Pro Tern
David B. Clayton -At Large
Donald L.A Sm ith -I
Donald M. Weber -II
Donald W. Wil liams -Ill
Donald W. Harper -IV
P R 0 C L A M A T I 0 N
T 0
C I N D E R E L L A C I T Y P 0 S T
E N G L E W 0 0 D COLORADO
3400 So . Elati St.
Englewood. Colorado 80110
Phone 303 -761 -1140
WHEREAS, The annual sale of Buddy Poppies by the Veterans o f
Fo reign Wars of the United States has been offi cially rec ognized an4
endorsed by governmental leaders since 1922 ; and ·
WHEREAS , V.F.W. Bud dy Po ppies are assembled by disabled veterans,
and the proceeds o f ttris worthy fund-raising campaign are used exclusivel y
f o r the benefit o f dis abled and needy veterans, and the widows and o rphans
o f d e ceased veterans; and
WHEREAS , The basic purpo se of the annual sale of Buddy Poppi es
by the Vet erans of Fo reign Wars is elo quently re.flec ted in the desire to
"Honor the Dead by Healping the Living ."
NOW , THEREFORE, I , JAMES L . TAYLOR , Mayor o f the City of
Englewood , Colorado , proclaim the week of May 22 , 1978, as
"VETERANS OF FOREIGN WARS BUDDY POPPY WEEK"
and do hereby urge the citizens of this community to recognize the merits
of this cause by contributing generously to its support by the purchase . of
Buddy Poppies on Friday and Saturday , May 26 and 27 , in appreciati on f or
the sacrifices of' o ur hono red deud . I further urr;e all patrio tic citizens
to pro udly wear a Duddy Poppy as evidence of our gratitude tu the nen of
this country wh o risked thei r lives in the defense of the f r eedoms which
we continue t o enjoy t ouay as A.~rican citizens .
DATED this 15th day of May , 1978 .
J A M E S L • T A Y L 0 R , Mayor
,
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v11ayor James L. Taylor
Mayor-Protem Vernon M. Mann
Councilman David Clayton
Councilman Donald Harper
Gentlemen:
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May 10, 19 78
Councilman Donald Smith
Councilman Donald Weber
Councilman Donald Williams
City Mana ger Andy McCown
We are making an appearance be fore the City Council at its regular meeting on
Monday, May 15, 197 8 , to appeal for financial...!!,id to help d efray the c o sts of the
full page adverti sement that the Chamber has placed in the U. S. Op e n program.
This 4-color ad (copy attached) will appear in the front po rtion of the 300+ page
program which will be sol d dur i ng the Open, June 13-17, and will be distribute d
world-wide by the U. S. Golf ing Association, The p rintin g order will be over
50,000 copies, On th e page facing our a d will appear welcoming letters from Mayor
Taylor and Mayor Beth Jenkins of Cherry Hills Village.
The Chamber Board of Directors a pp roved the e xp e nd iture in May of 1977 and commis-
sioned Rodgers/By erly a nd Associates, Englewood advertisin g agency, to d eve lop the
copy. Rodgers/Byerly wa~ instructed to p re par e an ad that would promote Englewood,
its people and its bu siness commu n ity . We believe the results of their efforts
are outstanding, po rtraying Englewood as a fine place to visit as well a s a fine
place in which to live and work.
It is our hop e that th e City of En glewood will be a bl e to gran t the Chamber some
financial as sistan ce in this p romotional venture. The total cost for the production
a nd placement of th e ad is $3914,00, and we reque st your consid eration of a $1500.00
contri bution from th e city .
On October 3, you notified the Chamber by letter that the Council had decided to pay
a regular dues investment to the Chamber rather than make a "cont ri bu tion" a s had
been done in the pa st . Although we were disappointed at the drop in total dollar
support, we did agree that the due s method was more bu sinesslike . In the s ame Letter,
we wer e invited to mak e individual reque s ts for s p e cial worthwhil e proj ec ~s , h e nce
our appeal at thi s time .
We Look forward Lo your favorabl e d e ci s ion on our rcque ~L .
Dr. De Wayne L. Glenn
President
ENGLEWOOD/UNITED SUBURBAN CHAMBER DF COMMERCE
180 W e t G1r rd Avenue · Eng I wood. Colorado 80110 Phone !3031 781-7838
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TO:
FROM:
DATE:
SUBJECT:
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Members of Englewood City Council r(\
William D. James, Director of Financer~/1
March 2, 1978
Annexation Petitions
The City Clerk's Office is in receipt of three petitions ~e
questing annexation of property contiguous to Englewood in
the vicinity of Union Avenue and Santa Fe Drive.
According to the Municipal Annexation Act of 1965, it is re-
quired that I inform City Council that these petitions are
in custody of the City Clerk's Office .
cc: Jimmy E. Curnes, Acting City Manager
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1 Royce
2 Kittle
3 Verdos
4 Knoedler
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SANTA FE ANNEXAT I ON PETITIONS
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5 Hunt
6 Santa Fe Florists
7 Tague
8 Yanish
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9 Ragsdale
10 Cockerham
11 Forbes
12 Coffelt
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TO : City Manag~M~wn
Richard s./'~h, Director of Community Development FROM:
DATE: February 22, 1978
SUBJECT: Recommended Conditions to Santa Fe Annexation
After reviewing the water and fire fighting requirements for
the proposed Santa Fe annexation with the Director of Utilities
and the Fire Chief, we recommend that the construction of a
water main between the City's sixteen (16) inch line on Union
Avenue and its fourteen (14) inch line on West Oxford Avenue
be made a condition of annexation. We arrived at this recom-
mendation after reviewing the existing service and concluding
that the existing three (3) inch line is totally inadequate ~ service the area.
The Fire Chief also reviewed his department's capability of
fighting fire with the existing service and concluded that
only the property frontage along West Union Avenue could be
efficiently serviced. The remainder of the property and the
rear of the properties along West Union Avenue could not be
efficiently reached without the severe disruption of vehicular
and rail traffic along South Santa Fe and without so tying up
such a large portion of our fire fighting equipment that service
to the remainder of Englewood would be seriously impaired.
Options of providing service were examined, including the use
of the existing Denver transmission lines along West Quincy
or West Radcliff. The Director of Utilities contacted the
Denver Water Board and concluded that they would not permit
their service to extend within the City limits of Englewood.
There was also some question as to whether the Denver Water
Board would permit a dead-end hydrant to tap onto its large transmission lines.
Both the Fire Chief and Director of Utilities agreed that the
minimum fire flow to provide adequate fire protection in the
type area such as this, is 5,000 gallons per minute. This
fire flow can be delivered with a twelve (12) inch tie betwem
Oxford and Union along Santa Fe. The Director of Utilities
also recommended that capacity in addition to the twelve (12)
inch line be installed as recommended in the CH2M/Hill Plan
for the water system. If the larger sixteen (16) inch line
is installed, the Director of Utilities recommended that the
cost of the twelve (12) inch line be assessed to the property
owners and the oversizing be paid by the Utilities •
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City Manager McCown
February 22, 1978
Page -2-
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The total cost of a sixteen (16) inch line plus spur is
estimated at $147,000. A twelve (12) inch line plus spur
is estimated at $115,000. Therefore, the amount assessed
to the property owner would be $115,000 while the Utilities WOUld pay $32,000.
This $115,000 in property owner cost would be assessed as
part of an improvement district. This normally would mean
that the construction cost would be paid for by the issuance
of a bond. Property owners could pay their share imaediately
or over a period of ten years as part of their tax assessaen~
The actual assessment would be aade on the basis of square foot
of property owned, and at a total project cost of $115,000,
the square foot cost would come to $ .109. (Attached is a
separate sheet indicating how this would work out per property).
The time necessary to establish the district and begin construc-tion would be approximately six months.
gw
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TENTATIVE ASSESSMENT RATE
"
SANTA FE ANNEXATION AREA
Property Tentative
Owner Area Assessment
Knoedler 34,591,7 sq, ft. $ 3,804,58
Hunt 42,143 sq. ft. $ 4,635,11
Santa Fe
Florists 206,013,3 sq. ft. $22,658,43
Coffelt 1,148,5 sq, ft. $ 126,32
Forbes 219,273,9 sq, ft 0 $24,116,91
Cockerham 220,778,9 sq. ft 0 $24,282,43
Tague 55,964,3 sq, ft. $ 6,155,25
Yanish 56,912,2 SQ. ft. $ 6,259,51
Ragsdale 98,050,2 sq, ft. $10,784,08
•• oyce 41,141,9 sq • ft. $ 4,525,00
Kittle 25,559,6 sq. ft. $ 2,811.18
Verdos 44,017.1 sq. ft. $ 4,841,23
TOTAL SQUARE FOOTAGE: 1,045,594,6
TOTAL ASSESSABLE COST OF WATER IMPROVEMENTS: $115,000,00
COST PER SQUARE FOOT: $.109
• •
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Semi-Annual Pay-
ment at 8$ for
Ten Years
$ 279.98
$ 341,05
$1,667,22
$ 9.27
$1,774,57
$1,786,71
$ 452,90
$ 460,55
$ 793,51
$ 332,96
$ 206,84
$ 356,21
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TENTATIVE ANNEXATION SCHEDULE
With E2 conditions, £!:..!! 100% agree to conditions:
Now thru March 1, 1978
March 6, 1978
April 10, 1978
April 17, 1978
May 1, 1978
June 1, 1978
Submit petition to City Clerk.
Council passes resolution finding
substantial compliance of annexa-
tion petition with State Statutes
and shall establish a date, time
and place for a Public Hearing.
Public Hearing.
First reading of Ordinance.
Final passage of Ordinance.
Effective date of annexation.
With conditions and not 100% agreement:
Now thru March 1, 1978
March 6, 1978
April 10, 1978
April 17, 1978
May 1, 1978
May 15 , 1978
June 15, 1978
July 3, 1978
July 17, 1978
Au g ust 17, 1978
Submit petition to City Clerk.
Council passes resolution findm g
substantial compliance of annexa-
tion petition with State Statutes
and shall establish a date, time
and place for a Public Hearing.
Public Hearing.
Council ·determines election
necessary and petitions District
Court.
Court appoints three election
commiss ioners.
Commissioners establish June 1~
1978, as election day.
Elect i on
Annexation Ordinance passed on
first reading.
Ordinance passed.
Effective date of annexation .
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NAM E OF BUSI NESS
1 .
Di rec t T i re Sales
Silver Bo t t le Liquors
J/E Spor t s
2, D ............ .:.........,~~
Handicap~ Inc, '
3 ,
Royce International ) 1..~
4.
OWNER
Verdos
Kittle
Royce
~-o I KRAA.e1 1
5 ,
6 • .
7.
Hunt Cons t ruction Co.
AA Key Punching Service
Standard Plumbing
S i lver Sheet Metal
Mi n i-warehouses
Santa Fe Florists
Modern Wood Products
Gr ounds Ma intenance,
Loom Craft
Inc,
Green Mountain Ornamental
Iron
Tague Trailer Sales
8,
Wonderview Motel
9.
Ragsdale Bros, Inc,
• •
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Hunt
Santa Fe
Florists,
Inc,
I Tague
~·
I Yanish
Ragsdale
LAND USE -·rvENTORY
ADDRESS
4301 South Santa Fe Dr.
4333 South Santa Fe Dr.
4365 South Santa Fe Dr.
4335 South Santa Fe Dr.
4345 South Santa Fe Dr.
~
TYPE OF USE S-ts,t(
Automobile Tire Sales
Liquor Store
Bicycle and Sp~rts Store '~ ~Y..-<'~~
Conversion and repair of
vehicles for the handicapped.
Fiberglass manufacture
J!esidence
~-Sa-n.ta-F.e-D.r, I Stg;page let ef damaged
-"eJ:Iieles,
4425 South Santa Fe Dr.
4435 South Santa Fe Dr •
4431 South Santa Fe Dr,
4433 South Santa Fe Dr,
4437 South Santa Fe Dr.
Offices.
Key punch operation.
Plumbing Shop,
Sheet Metal Shop.
Mini-warehouses.
Greenhouses,
Woodworking Shop.
Landscaping maintenance service.
Loom manufacture.
I . •
4439 South Santa Fe Dr. Ornamental Iron Work, ~
I .4501 South Santa Fe Dr.
4515 South Santa Fe Dr.
4535 South Santa Fe Dr.
Camper & trailer sales.
Residence
21 Unit-motel,
Light manufacturing,
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CORRECTION
TrlE PRECED!fiJG D OCU MENT OR ELA NK FaAME HAS EE=:'I
REM/CROFiL II!ED TO ASSURE LEGIEILITY AND
ITS IMAGE APPEARS IMMEDIATELY HEREAFTER.
•
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NAME OF BUSINESS
1,
Direct Tire Sales
Silver Bot t le Liquors
J/E Sports
2. D~.:........, ~.><. ... I
Handicap~ Inc.
3,
5,
Royce International ,~~
Hunt Construction Co.
AA Key Punching Service
Standard Plumbing
Silver Sheet Metal
Mini-warehouses
•
OWNER
Verdos
Kittle
Royce
Hunt
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~ ~ ••tVENTORY
ADDRESS
4301 South Santa Fe Dr, 4333 South Santa Fe Dr, 4365 South Santa Fe Dr,
4335 South Santa Fe Dr.
4345 South Santa Fe Dr,
4425 South Santa Fe Dr,
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TYPE OF USE
Automobile Tire Sales
Liquor Store
Bicycle and Sports Store ·k__. ~:;....('.:~
Conversion and repair of
vehicles for the handicapped,
Fiberglass manufacture
}Jesidence
Offices,
Key punch operation,
Plumbing Shop,
Sheet Metal Shop,
Mini-warehouses,
Greenhouses,
Woodworking Shop.
Landscaping maintenance service ,
Loom manufacture,
Ornamental Iron Work,
Camper & trailer sales,
Residence
21 Unit-motel,
Light manufacturing,
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10.
Pleasure Craft, Inc,
Hotsy Equipment Co.
Nolan Construction ·co.
R.V. Distributing Co.
Patterned Concrete, Inc.
Care Free Exteriors, Inc.
Redi-made Landscape Dis-
tributing
Advertising Distribution
Service
Ky Gym
11.
Auto storage
12.
Coffelt Electronics
OW.N.b:K
Cockerham
Forbes
Coffelt
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1825 West Union Avenue
1865 West Union Avenue
2019 West Union Avenue
0
TYPE
Boat sales & distribution.
Machinery cleaning service.
Construction office,
Office,
Office.
Office.
Office.
{)ffice.
Dance studio,
Storage of damaged vehicles.
Manufacture of small electronic
parts.
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TO:
FROM:
City Manag~c own
'I
Richard s./ anush, Director of Community Development
DATE: February 22, 1978
SUBJECT: Recommended Conditions to Santa Fe Annexation
After reviewing the water and fire fighting requirements for
the proposed Santa Fe annexation with the Director of Utilities
and the Fire Chief, we r ecommen d that the construction of a
water main between the City's sixtee n (16) inch line on Union
Avenue and its fourteen (11 ) inch line on West Oxford Avenue
be made a condition of annexation. We arrived at this recom-
mendation after reviewing t.~ existing service and concluding
that the existing three (3) inch line is totally inadequate b
service the area.
' The Fire Chief also reviewed his department's capability of
fighting fire with the existing service and concluded that
only the property frontage along West Union Avenue could be
efficiently serviced. The r e mainder of the property and the
rear of the properties along West Union Avenue could not be
efficiently reached without the severe disruption of vehicular
and rail traffic along South Santa Fe and without so tying up
such a large portion of our fire fighting equipment that service
to the remainder of Englewood would be seriously impaired.
Options of providing service were examined, including the use
of the existing Denver transmis~ion lines along West Quincy
or West Radcliff. The Director of Utilities contacted the
Denver Water Board and concluded that they would not permit
their service to extend within the City limits of Englewood.
There was also some question as to whether the Denver Water
Board would permit a d e ad-end hydrant to tap onto its large
transmission lines.
Both the Fire Chief and Dir t>c tor of Utilities agreed that the
minimum fire flow to provide ad C'q uatc fire protection in the
type area such as this, is 5,000 gallon::. per minute. This
fire flow can be de!J.vered witla a tw e lv e (12) inch tie bctwem
Oxford and Union along Santa Ff', The Director of Utilities
also recommended that capacity in addition to the twelve (12)
inch line be installed as recommended in the CH2M /Hill Plan
for the water system. If the larger sixteen (16) inch line
is installe d, the Dir e ctor of Utilities recommended that the
cost of the twelve (12) inch line bP. assessed to the property
owners and the oversi zi ng be paid by the Utilities •
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City Manag e r McCown
February 22, 1978
Page -2-
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The total cost of a sixteen (16) inch line plus spur is
estimated at $147,000. A twelve (12) inch line plus spur
is estimated at $115,000. Therefore, the amount assessed
to the property owner would be $115,000 while the Utilities would pay $32,000.
This $115,000 in property owner cost would be assessed as
part of an improvement district. This normally would mean
that the construction cost would be paid for by the issuance
of a bond. Property owners could pay their share immediately
or over a period of ten years as part of their tax assessaen~
The actual assessment would be made on the basis of square foot
of property owned, and at a total project cost of $115,000,
the s4uare foot cost would come to $ .109. (Attached is a
separate sheet indicating how this would work out per property).
The time necessary to establish the district and begin construc-
tion would be approximately six months.
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MEMORANDUM ----------
TO:
FROM:
City Managej~~~wn
Richard S., Wanush, Dire ctor of CollUilunity Development
DATE: December 27, 1977
SUBJECT : Santa Fe Annexation
On November 7, 1977, the Cjty C l er k rece ived a petition from
fifteen land owners on the west side of South Santa Fe Drive
stating their intention to am•ex to the City of Englewood.
On the same date, Council a ~ree d to exte nd fire service to
those properties until a for mal petition for annexation was
received in early ,January, or until documents could be drawn
that legally committed these prope 1·ties to annexation at some
time in the future. All of these propert i es are indicated
on the attached map.
The remaining unincorporated properties west of South Santa
Fe have petitioned Sheridan for annexation. The auto shredder
and University park Lumber hav e each petitione d Sheridan
separately for annexation, whil e the r est of the properties
have combin e d in a sing l e petition.
This r e port examines the issues involved in the annexation of
the outlined parcels to En .. l e wood . F'or th e purposes of this
report, I have excluded Parcel #5 and P:~rcel #6 on the attached
map. Parcel #5 is excluded b ec ause it is not contiguous to
th e City and Parcel #6 is excl uded because it is included in
the Sheridan petition, This report is divided into four parts:
(l) Re v enu e ; (2) S er vi ce requirements; (3) Other considera-
tions, and (4) Summa ry and conclusion,
REVENUE :
The entire ar e a will produce an annual r venue of $38,300 in-
cluding proper ty tax, sal·~ tax, u se tax and licenses. The
property tax .ts based upon ar.tual a~sc::;sed valu e whil e the sa les
tax and us e tax are based upo n prinr history ~>ith thc>se properties
when they were in th«) C:i ty dur1n~ th ~: lormer annexation attempt.
There has bee n 110 att e mpt to account tor inrlatJ.on and no
r e cent information on the s ~usin PHscs . The sales and use
tax figures, then, arc estima tcs wi Lh a possible error of as
much as 20% •
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Assessed Property Licenses Total Value Tax Use and Sorth of Radcliff
Sales Tax
Royce #13 7,650 53 26,016
Kittle #15 23,660 165 400
Verdos .v16 32,450 227 400
Sub Total 63,760 445 26,816 $27 ,261
South of Radcliff
Kr.oedler "1'1 9 9,880 69 4 ,90 0
Hunt =20 56,580 396 1,000
S JL ta Fe Florists =26 63,020 441 450
Platte Riv er Asphalt •25 23,120 161
Coefelt #28 7,280 50
I I · • • forb<'s #30 8,630 60 500 e I
Co c k e rham ;::31 56,210 393 1,000
Tague #32 16,410 114 650
. ... Yanesh #33 36,130 252 I 250
Ragsdale #34 50,340 352
~
Sub Total 327,600 2288 8,750 11,038
TOTAL 441,740 2733 35,566 $38,299
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Assessed Property Licenses Total Value Tax Use and ~l orth of Radcliff
Royce #13 Sales Tax
7,650 53 26,016 Kit tl e #15
23,660 165 400 Verdos 11'16
32,450 227 400
Sub Total 63,760 445 26,816 $2 7 ,261
South of Radcliff
Knoed l e r lfl 9
9,880 69 4,900 Hun t .:r2o
56,580 396 1,000 Sn. ta Fe Florists =26
63,020 441 450 Platte River Asphalt ,::25 23,120 161
Coefelt ~28
7,280 50
forbes #30
8,630 60 500 Co c kerham P31
56,210 393 1,000 Tague 1!'32
16,410 114 650 Yanesh #33
36,130 252 250 Ra gs dale #34
50 340 352
Sub Total 327,600 2288 8,750 11' 038
TOTAL 441,740 2733 35,566 $38,299
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City Manager McCown
Decemher 27, 1977
Page -3-
SERVICE REQUIREMENTS:
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!!!:.£ Protection: The Fire Department estimates that this arEB
will generate an average of five (5) alarms per month --three
(3) related to traffic oriented accidents on Santa Fe and two
(2) related to oth e r factors. This will not, in and of itself,
present any particular burden to F.nglewood's fire fighting
capabilities and will not reduce service to other areas of the City.
Because of heavy traffic on Santa Fe Drive, limited and narrow
access to some of the properties, the double railroad tracks,
lack of an immediately available water supply and some potentially
dangerous uses (Platte River Asphalt wht:>J ·e large quantities of
flammable liquid are stored) this arP ·t wj 11 present a greater
hazard to fire fighters than most oti,.J r areas in the City.
(Water and access will be discussed later.) Upon annexing the
area, the City will, however, undertake fire and code enforc~
ment inspection in the area and in time, eliminate some hazards.
• In short, there will be some problems in access and fire
fighting; the Fire Department is fully capable, with present
men and fire equipment, of handling any emergency in the area.
Police Department:
The Police Department also sees some problem in access to the
area but can handle any emergency with present men and equip-
ment. They see no exceptional probl e ms.
Utilities :
Wat e r --Denver serves mo s t of th,~ properties in this area
from a 3" wat e r main in South Santa Fe Drive. They also have
60 " and 72•• lines on West Quincy and We st Radcliff respectively,
a nd a fire hydrant on t he northw e st corne r of West Oxford and Santa Fe.
En g l e wood ha s no service in th e area but does have a 14" main
in Oxford an d a 16 •• main i.n West Union . Th e re is also a fire
hydrant a t S anta Fe and Wf's t ll uion.
The 3 " main now se t·v icing t h o area i s i nade quate for fighting
fires. Tile Utilities D .p ar l mo nt o s tim;tl es that an 8" line
along Santa F e conne cting th o e xi s ting Oxford line with the
West Uni on lin e is n ou d c d . Th o c o s t ol t hi s installation is
e stim atl·d at :i>72 1 000 with s p ur linf's c o s ting ano t her $36,000 •
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CJ l y Mana~-:«'t ' McCowu
IK:ct:mb t·r ".!.7 , 1977
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The properties , of c ourse , could continue to receive domestic
water from De nver, hut both the Fire Department and Utilities
Department b e lieve that the service is inadequate.
Sewer --All of t h e propertie s along Santa Fe are presently
on the Eng lewood sys tem. To provide service to the properties
not on Santa F e would r e quire the cons truction of a collection
system connec t ing with the Littl e ton-Engl e wood interceptor. No cost estimates are availabl e .
Streets:
Both West Stan f ord and West Radcliff provide access to the
area, but neither are improved. PresPntly, 30 ft. of Stanford
is dedicated and 15 f t . of Radcli f r •·! ile the needed rights-
of-way are 50 ft. and 30 ft. ref::p · .i\ iy. If these streets
are to be improved, right-of-way will have to be acquired at a
total cost to the City of $46,210. It is possible, however,
to condition the annexation upon the dedication of rig~t-of
way, but th e S t anford Avenue right-of-way would have to come
from Platte River Asphalt, and th e y have resisted annexation and have not sig n e d th e petition.
Of cours e, the decision could be made not to improve these
streets until a coordinated stree t plan is worked out with
Sheridan or a decision could be made to improve only one
street. In this case, Stanford should be improved to pro-
vide better e me rgenc y acc ess to Platte River Asphalt.
Summar1::
~
8" Main
Spu r Lines
S e wer Conn ection
Right -of-wa y Acq u i s ition
(o r d e d ic a tion )
Street I mp rov e me n ts (A ssesse ~)
Street Mai n te n a n ce a nd Light H
Reve nu e
Five-year Net
F ive -Year Costs a nd Rev e nues
(Assum i n g complet e improvement~
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$72,000
3 6,000
?
46 210
(6 1 ;676)
3 ,103
157 ,313
1 9 1,52 0
$34,2 07
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City Manager McCown
December 2 7, 1977
Page -5-
OTifER FACTORS:
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There are two other major factors that have some bearing on
the decision of whether or not to annex this area:
(1) The future development of the entire area between Santa
Fe and the South Platte River, and
(2) The eventual widening of South Santa Fe Drive.
The future development of the present unincorporated area has
consistently been a concern to Englewood. We opposed the
Denver Metals Shredder primarily because it is a facility that
gives an aura of permanence to the heavy industrial nature of
the area along the South Platte. We have also testified before
the County Planning Commission requesting that the present 1-2
Zone be reduced to light industrial and that some opportunity
be left open for future resideull~~ and commercial development.
Our primary focus has been the optimum utilization of one of
our few natural resources --the South Platte River\ While
no one forsees immediate change, we do see some favorable
long-term developments if they arc not precluded by permanent
heavy industry. Since most of this area is annexing to Sheridan,
we are losing ·some possible levera ge. However, the parcels
along Santa Fe do control s om e of the access to the area and
offer some possibility of influencing future improvements.
While this is a rather tenuous hold, if we do annex this area
west of Sant a Fe we do maintain a foothold and some possible
say-so over f uture development. Without this area, we have
no foothold whatsoever.
The f u ture widening of South Santa Fe Drive also presents
some possibilities in controlling access to the area, but it
has some negative aspects as well, With an interchange at
Quincy, there will be no direct access from Santa Fe Drive
to the adjacent properties . In fact, there is a high likeli-
hood that right-of-way will be required from all properties
to the west and that little of what we have annexed will remain
as private property . <rust the interchange at Quincy alone will
mo st probably requir e all of properties #13, #15, and #16 , and
mot·c. It i s pos sih iiJ , 1hl'n , that mo::;t if not all of \1h at we
annex will be publi c ri g ht-or-way within ten years.
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City Manager McCown
December 27, 1977
Page -6-
SUMMARY AND CONCLUSION :
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While there will be some difficulty in providing police and
fire protection, the problems are not insurmountable and no
additional aen or equipment will be needed. If annexation
occurs, a decision will have to be made regarding water ser-
vice to th e area. If it is truly inadequate, then a $108,000
improvement is needed. In addition, decisions should be made
regarding access and street improvements. These could be post-
poned until fira decisions are made regarding the future of
Santa Fe Drive and until decisions are made regarding the
future improvements on the property west to the river.
The burden on the City to service this area does not appear to
be too severe. While a true comparison is not possible,
revenues will probab1y k eep pace with costs. If water, sewer
and street improvements are made, however, there could be a
substantial burden assessed to each property owner.
Because of the odd boundary, some consideration was g~ven to
annexing all but the northern three properties, i.e., #13, #15,
and #16. However, 71 % of the expected revenue of the entire
area comes from these three properties, and without them the
revenue picture 'looks bleak.
Since there are no truly adverse affects to annexation that
would obviously preclude the annexation and since annexation
would leave the City of En~lewood some influence over the de-
velopment of the entire area, the Department of CoiDIDunity
Development recommends that all of tho area indicated in the
petition be accepted for annexation.
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SHERIDAN / : ,' :
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RADC~o FF
STA'IFORD
-W TUFTS
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COUNCIL ACTION REQUEST
LIQUOR AND 3.2 BEER OUTLETS
APPLICANT:
Community Arts Symphony
3539 S . Del aware
Englewood , CO 80110
TYPE OF ACTION REQUESTED:
A Public Hearing for the issuance of a Special Ev ents Permit -
Beer , Wi ne , Liquor for June 17 , 1978 at Cinderella City -Blue Mall .
POLICE AND FBI REPORTS:
N/A
PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS,
EXCLUDING ANNUAL RENEWAL:
Spec i al Events Permit -J un e , 1977
CITY ATTORNEY'S REVIEW:
COMMENTS:
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• OR L 439. (ROll . 5/761
STATE OF COLORADO
DEPARTMENT OF REVENUE
APPLICATION FOR SPECIAL EVENTS PERMIT
D o N ot Write m This SP•ce
LIQUOR ENFORCEMENT OFFICER 'S ACTION
APPROVED ----------~D~.~.-.------------
DISAPPROVED -----------------------Date
INSTRUCTIONS: Answer all questions on this applic.tion, then get the approval
of vour local licensing authority (see lest page) and also the approval of your Colo·
rad o hquor enforcement officer. Then mail this completed appl ication with proper
fee to the Coloredo Department of Revenue , SUite (;.pitol Annex Building, 1375
Shem>an Street, Denver , Colorado , 80203. Telephone 13031892·3741
L.lanMe Telephone Number
Officer 's Slgn•ture
NO PERMIT WILL BE GRANTED UNTIL THIS APPLICATION HAS BEEN APPROVED BY YOUR LOCAL LICENSING AUTHORITY AND YOUR
LIQUO R ENFORCEMENT OFFICER' Colorodo t ... on~: 3.2% Beer -$10.00 Plr day ; Boor . Wine ond Liquor -$25.00 Plr day . Your local licens ing
authonty w ill indic.te the .,..ount of their fee.
All Answers Must Bt Printed in Ink or Trptwrltttn
What type of pe rmit are y ou applying ~r? 0 3.2% Beer LIZ{ Beer . W i ne and L iquor
. 1. Applicant r'r. Still;~ \xm lonu"';' dj ~,-\·"· r;t.,·f)(l'j Telephone Number
2 . Trade N ame (tf anyi-------:------------~-------------
A ddress Y C, ·~c • .< I 'lJJ /3•-aq l'", D< Ia he •C:C itv Gjk u-ccd.. County (\ •"Y• ·rc i-;c E: 3. Colorado.
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9
Address o f place to have temporary perm it. (EXA CT LOCATION OF PREM IS ES MUST BE GIVEN.) G ive street and number ii poss i ble.
If place is located in a town or rural district where it is impossible to give st reet and number , the lot and block number or part of
section where located must be given.
Blue \\\o.t\ (\Me , s \Ia C \:;
County Col orado .
The EXA CT date(s) for wh ich appl ication is being made for permit (no more than two days):
Fr~m :SL WK ll, l q 'I~ J .' (;(\ q , tJ to ___ }.Lll..l.\.t..llu.,C::-1-l-.J./J,_J.-1 .,;q~..,l:.:,b~--....L( \l-.'.J.Q~1 (\..:.·.yp-.tJm~--
oatc Hour \ Oate H our \
From ---------,D"'a"'te:-· Hour tO-----------,D~.~,~.----------------~H~o~u~r---------------
Do you have legal possession of the premises for whtch this ap plication is made? -------------------------------------
Is applicant organization incorporated under the laws of this state for purposes of a social . fraternal , patriotic , political, or
athletic nature, not for pecuniary gam ; or 1s i t a regularly chanered branch, lodge, or chapter of a national organization or
soci ety organized for such purposes . being non-proftt tn nature; or is it a religious or philanthropic tnstttutton?
Iff Yes 0 No
If the appltcant is an organization incorporated in this state for "non-pecuniary" (non·proftt) purposes . answer (a). (b) and (c).
(a) Organizei:l under the laws of the State of cl) \c-l"t'\d 0 Date !'7k:-I
(b) Pr in cipa l business is conducted at , County {\ I"Q ~c.s k11t€ <
(c) Complete the following in detail :
TITLE
PRESIDENT
VICE PRES .
TREASURER
SECRETARY
MANAGER
Are the existing licensed facilittes of applicant organtzatton indadfl4uate for servtng members or guest of the organtzallon by
reason of the nature of the spec1al event whtch is scheduled? !ill Yes 0 No
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10. Are the premi$es for wh ich appl ic ation is made now licensed u nder the State Liquor Law or the 3 .2% Beer Act?
[] Yes IP1 No If ye s. to whom is the license ISSued ?
State License Number
Has any special events permit been issued to you within the current calendar year? Cl Yes rw No
If yes , for how many days?
STATE OF COLORADO J
.. SS.
County of tlx'ar h(le ·
and 'LA (\Y\C -->< t'1(\ It!) , being by me fir st duly sworn , if fer himself . deposes and says ; that he is the apph·
cant above named ; or that he is Bu~~. \)\c..,la. fJ( ~-of the above named corporation ; that he ha s read the forego ing
application and that he knows the contents thereof, and that all matters and things therein set forth are true of hiS own know·
ledge , and he agrees to conform to all rules and re gulatio ns promulgated by the DEPARTMENT OF REVENUE IN CONNECTION
THEREWITH.
SUBSCRIBED ~SWORN TO BEFORE ME TH IS --'2':::./-rt.=-__,---
OAVOF ~{~. -19 '7r /
£_"_>_<}?!~--
Sign~turefol N o t1ry Public
. -· ~f ;itJ < I 5'Pt . CAt1.acn Sell ) MV COMMISSIO,,£X.-RES
INSTRUCTIONS : If the premises are located within a city or town . the approval shown below should be signed by the Mayor and Clerk . If the premises
are located •n a county , then this epprovalshould be 11gned by the Chatrman of the Board of County Commissioners end the Clerk to the Board . If, by
ord inance or otherwise , the local licensing authority is some other off •c•al , then such approval should be signed by such official.
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY
The foregoing application ha s been examined and the prem ises , buSiness conducted and character of the applicant is sa t is fa c tory , and
we do report that such permit, if granted, will comply w1th the proVISIOn of T1tle 12, Article 48, C.R .S. 1973, as amended .
Therefore the foregoing application is hereby approved .
DATED AT ----------THIS
N AME OF TOWN , CITY OR COUNTY
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BY
ATTEST
DAY OF ------------, A .D . 19 ---.
MI YOr or Chairman of Board of County Commissioners:
or Title of O ther L1cen1ing Authority
Clerk or Secretary or Other Office H.vlng
Official Sea l of the L1c ensin9 AuthoritY
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• PUBLISHER'S AFFIDAVIT
"' -.STATEOFCOLORADO . )
)II couNh'oF Arapahoe 1
1• Jere. M~ .. ca.s.wap
do solemnly awear thlit 1 am tne .
Co-Publisher
..•. o f
Englewood Herald Sentinel
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that the seme Ia a weeltly new.;paper published
In lhe City ol ... J!:J1.$_lelf()()~.
County of
State of Cotorado. and haa 1 generel circulation
therein; thet N ld newspaper has been pubUthed
contlnuouaJv and uninterruptedly In tald
Coontyof . Arapahoe
for 1 period of more than 52 weekt ptlor to the
flrlt pubUcetlon of tne annexed nottce, tt\at M id
MIWIPIP« II ent.,ed In the Post oft)c. at
..J!:ngle~d
Colorado. as second claN m111 man ... and that
the Mid newspaper 11 1 ,_....,..,., wttnln me
mMnlng of tM Kt Of the a.net'et Aeeembfy of
th e State of Colorado, approved March 30, 1823 ,
and entitled "legal Notices and Adverttlementt"
and other acta , .. atu-.g to the pnntlng and
publlth•ng of '-Qat notteet end advertltm.,ta
that the annexed notlee was published in the
regular a nd ant1r1 lstuet of 111d n.w.paper,
once eech wHk , on the same ctey of eech week
for the periOd ot
1 XMH** • .nsertlona; ""' tne f1rat
publication of <d newapaper deled
tnst pubhcatton ot uud nouce wet '" tn8 •llue of
ae lct newspll)et dtted
May 3, 19 78
~~u~TIIIo
Subacrtbed tnct awor n to before ma a Notary
PubliC this 3rd
day of
May 19 78
C1a \ r7 CaM.t, I ~~ 1/' "OII•y P u b hC
My Comm1sslo" hpires Nov. 15, 1981
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U. S.TREASURY DEPARTMENT
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
Denver 2, Colorado
I !: p -: c ~-, . "',.'J
IHMPLY_..,.TO
A:R:DDF:j j k
DEN:ID:6l-ll
South Suburban Community Arts Symphony Society
P. 0. Box 1222
PU"POIE
Englewood, Colorado
' '
Educational
~OIOM IIOA IOEQUIIOII:D
[!jus QNo
ACCOUNTING 1'11:10100 11:11~
.·
'!!July l 1960 -·
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Gentlemen:
Based upon the evidence submitted, it is held that you are exempt from
Federal income tax as an organization described in section 50l(c)(3)
of the Internal Revenue Code, as it is shown that you are organized
and operated exclusively for the purpose shown above. Any questions
concerning taxes levied under other subtitles of the Code should be sub-
mitted to us.
You are not required to file Federal income tax returns so long as you
retain an exempt status, unless you are subJect to the tax on unrelated
business income imposed by section 511 of the Code and are required to
file Form 990-T for the purpose of reporting unrelated business taxable
income. Any changes in your character, purposes or method of operation
should be reported immediately to this office for consideration of their
effect upon your exempt status. You should also report any change in your
name or address. Your liability for filing the annual information return,
Form 990A, is set forth above. That return, if required, Jlllst be filed
after the close of your annual accounting period indicated above.
Contributions made to you are deductible by donors as provided in
section 170 of the Code. Bequests, legacies, devises, transfers or
gifts to or for your use are deductible for Federal estate and gift tax
purposes under the provisions of section 2055, 2106 and 2522 of the
Code.
You are not liable for the taxes i.aliiO&ed under the Federal Insurance
Contributions Act (social security taxes) unless you file a waiver of
exemption certificate as provided in such Act. You are not liable for
the tax imposed under the Federal Unemployment Tax Act. Inquiries about
the waiver of exemption certificate for social security taxes should be
addressed to this office.
This is a determination letter.
Very truly yours,
. ..-u-;[__.__ ~ V'-£PL~-L
V. Lee Phillips
Distri ct Director ,.o,.. 2U4 ,_, .........
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New Englewood, ltd.
April 28, 1978
South Suburban Community Arts
Symphony Association
P.o. Box 1222
Englewood, Colorado 80110
Attn: Englewood City Counsel
Gentlemen:
This letter is to confirm that New Englewood, Ltd. will allow
the South Suburban Community Arts Symphony Association to sell beer
and wine at their annual Pops Concert to be held on June 17, 1978
from 7:30 p.m. to 10:30 p.m. in the Blue Mall at Cinderella City.
New Englewood, Ltd. is pleased to be able to offer the use of
Cinderella City for this Symphony Silver Anniversary/Diamond Jubilee Concert.
• Sincerely yours,
/·E~GLEWOOD, LTD. k/£
W :,'l :ff/1'---t--z ~
' Daniel F. Zamb li
Vice-Presi ent and General Manager
P. 0 . BOX 1495, ENGLEWOOD, COLORADO 80150-303-761-6800
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COUNCIL ACTION REQUEST
LIQUOR AND 3.2 BEER OUTLETS
APPLICANT:
All Souls Catholic Church
4950 s . Logan ·
Englewood , CO 80110
TYPE OF ACTION REQUESTED:
4 c
A Public Hearing for the issuance of a Special Even~s Permit -
3 .2 Beer for June 3 and 4, 1 9 7 8 on the Church grounds in conjunc tion with a carnival.
POLICE AND FBI REPORTS:
N/A
PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS,
EXCLUDING ANNUAL RENEWAL:
Special Events Permit -May, 1977
CITY ATTOR NEY'S REVIEW:
COMMENTS:
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ORL 439 tRev . 5/76)
STATE OF COLORADO
DEPARTMENT OF REVENUE
APPliCATION FOR SPECIAL EVENTS PERMIT
Do Not Write In ThiS SPICe
LIQUOR ENFORCEMENT OFFICER 'S ACTION
APPROVED --------------------------Date
DISAPPROVED ---------::D:"'•':'"to-----------
INSTRUCTIONS: Answer ell quest ions on thts eppUcation, then get the approv1l
of your loc.llicens ing authori ty (see last page) end also the approve! o f y our Colo·
redo liquor enforcement officer. Then mail this: con'lpleted epphcet•on w1th proper
fee to the Colorado Department of Revenue. S'-t• CIPitol Annex Bu il dmg, 1375
Shormon Stroot , Oonvor , Cotorodo , 80203. Telephone 1303)692·3741
Licensee Telephone Number
Officer's Slinlture
NO PERMIT WILL BE GRANTED UNTIL THIS APPLICATION HAS BEEN APPROVED BY YOUR LOCAL LICENSING AUTHORITY AND YOUR
LIOUOR ENFORCEMENT OFFICER ' Coto..clo 1-oro : 3 .2% Beer -$10 .00 per dlty ; Boor , Wino tnd Liquor-$25.00 per dey . Your iocollicenaing
authoritY will indtceta the emount of tMtr fM .
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All Answers Mu st 8~ Printed in Ink or Trpewrllten
Wh at type of permit are you applying for? 1&1 3. 2% Beer 0 Beer, Wine and Liquor
1.
2.
3.
4 .
5 .
Applicant --.J.~.:l:~ot:.k~S.L!tJ.::.:(J~{t:.J$..!........:C""""/6'-!~~0'.u{oo.</l;!,__ _____ Telephone Number
TradeName(i f any l ------------------------------------------
Address '19,s:-a 5 Colorado.
Address of place to have temporary permit. I EXACT LOCATION OF PREMISES MUST BE GIVEN .l G ive street and number if possible .
If place is located in a town or rural district where it is i mpossible to give stree t and number , the l ot and block number or part of
section where located must be given .
sj,"~ Sdaa/ t?,foou.A A.lu/ C:/uttcl;f.fce.,A, 1il0' .S: /bu.rd!uy/e, .I .f96P .S: L'?:f"ll/ t or '
Cityor Town ~/.,u.oottf County ~e Colorado .
The EXACT date(s) for which appl ication i s being made f o r perm it (no more than two days): '\
From .T~&e. -~ I $12 9 /, 4? Am to _...,.li_..tt:&l•..:;e=;.......o-;'1-' ~/.._9~P_.f?.__ ____________ ~JI..,.·-'· t'-'r,'-!l.lliYl'f"!...-'---------o•t• HouY O.t• H o ur ::V
I •M~m
Houl to ---J..cli"'u""'e.._~~·~)~'ffl'-"'f----~F'='IJ?'"IJ,..PKiru.....--o..t• :tou r r
6 . Do y ou ha ve legal posse.sion of the prem ises for wh i ch t h is appl icat ion is made ? ___ u;.;.,.,;;,_ __________________________ _
7. Is ap p licant organization incorporated u nde r the laws o f th is st ate for pu r poses of a soci al, f ra te rnal, patriot ic, polit ical, or
athlet•c na t ure , not for pec u niary gain ; or is it a regu larly chartered b ranch , lodge , or chapter of a nat1 onal organ iza t ion or
soc1etv orga nized for such pur poses, be i ng non-profi t in nature; or is it a reli gious or philanthropic institut ion ?
CR Yes 0 No
8 . If the appl icant is an organization Incor porated in th1s state for "non-pecuniary" (non-profit) purposes , answe r (a). (b ) and (c).
(a) Organ izetl under the la w s of the State of ------------------------------Dat e
(b) Pnnc1pal bustness IS co nduct ed at -------------------------------------, County
{c) Comple te the following i n de tail :
TIT E NA ME HO ME ADOR ESS CIT Y .. STATE BIR TH DA TE
PRES IDENT
VICE -PRES .
TREASU RER
SECRET ARY
MANAGER
9 Ar& the existtng licensed facil i t ies of aopltca nt organization inda~quate for serving mem bers or guest of the organ i zation by
re ason of the nature of the spec1al even1 wh1ch 11 scheduled? l)5J Ye s 0 No
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10 . Are the premises for wh ich ap p lication is made now licensed under the Stat e Liquor Law o r the 3 .2% Beer Ac t ?
0 Yes f}(l No If yes , to who m is t he l1cense 1ssued>
State License Number
11 . Has any specia l eve nts per mit been issued to you within t h e current cal enda r ye ar ? 0 Yes ll{ No
If yes. for how ma ny d ay s?
STATE OF COLORADO
County of ~j, e
dJI. StJOLS c!IM?It:
and . be ing by me f irs t duly sworn , if fN h imself . deposes and says; that he is the appli-
cant above named ; or that he is l<•vd«::JS< ~dt£<:<( of the above named corporation ; that he has read the foregoing
appl ication and that he knows the conte nts thereof, and that all matters and things therein set forth are true of h is own know-
ledge , and he agrees to conform to all rules a nd regulations promulgated by the DEPARTMENT OF REVENUE IN CONNECTION
THEREWITH .
SUBSCRIBED AND SWORN TO BEFORE ME T H IS ~ (
-"'-"~~----1· )f
~ ~.JfkJYW
OAVOF
Signature of Notary Pu b lic
(Attach Seal) MV COMMISSION E X P I RES ~ Co m: . .,.:"" ! .. :;. ::: De •• ~. •111
INSTRUCTIONS: If the premises are located within 1 City or town , the JiPPrOVallhown below should be signed by the Mayor and Clerk. If the premilft
areloc;eted in a count y , then th is approva l should be signed by the Chau man of the Board of County Commissioners end the Clerk to the 8011rd . If, by
ordinence or other wiM , t he local licens •ng authority is some other official, then such epprovalshould be signed by such official.
REPORT AND APPROVAl OF lOCAL LICENSING' AUTHORITY
The foregoing applicat ion has been examined and the premiSes, business conducted and cha rac ter of the a ppl icant is satisfactory , and
we do report that such permit , if granted , will comply with the provision of Title 12 , Article 46, C .R .S . 1973 . a s ame nded .
Therefore the forego ing appl ication is hereby approved.
DATEO AT ----------THIS
NAME OF TOWN , CITY OR COUNTY
BY
ATTEST ·
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OAY OF -----------, A.D. 19 ---.
Mayor or Ch1 irm1n of BOArd of County Com mllllon e rJ
or Title of Othe r Llcenslne Authority
Clerk or Secretary or O tt1 1 r Office Havlnt
OffiCII! Sill of the Licensing Authorit y
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PUBLISHER'S AFFIDAVIT
STATE OF COLORADO, )
~
couNrvoF Arapahoe l ...
I, ... Jere H. Cas wall
do ao*"nty ..,.., thetlem the ..
. . C9:-:Publ18he.r . . of
Ens.lewood Herald se.".,t;t,nel
11'\81 the ume 11 a weekly newapaper pubtiahed
•
JntheCttyot ~ngle~od. ..... .
Countyot .
State of Colorado. end n .. a gener11 circulation
11'\er .. n ; th1t seld newspaper has been published
continuously end uninterruptedly In said
County of ..... Arapahoe
for a P«lod ot more then 52 weetcs prior to the
llret pubU~tion of the anne•ed noUce. thet said
new.p1per 11 ent.,ed In the poet off'tce 11
Englewood
Cotorado. at second ct ... ma•t metter and that
tM Mid ~ '' • newsoeper witf'ltn the
meon1ng ol ... ocl oil,. G-oJ -bty of
I,. 5-of C-eciO. Oppt<Mid Matcft 30. 1t23.
and en-.ct "l.,aJ Node:• Md ~-"'-"
end other ldl relettng to the Pftnting lnd
PUbttefttng of 1408! nobCM end 14werttatnentl,
tha t the enneaecs nottce ••• Pubhat'teo tn the
reguler lnd enttre letue~ of Ntcl ,._..,..,.,
onc e HCh ....-. on the tame dey ot -.en wMtc:
for~i>eflodol
1 1•m:•a•• tnMN~• mat tf'l4 ,,,..,
May 3,
last pubhca!Jon of ta~d nohce was ,n the tSsue or
May 3,
pt.~.~~f;~
Su btcrtbed en d sworn to betOft me 1 Notl ty
3rd
dlyoOI
Hay Ill 78
crv~~ 7 =·
My Comm 1wo• Exp 111s Nov. 15, 1981
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To Whom It May Concern:
ALL SOULS CATHOLIC CHURCH
H 5 PENNWOOD CIRCLE
ENGLEWOOD, COLORADO 10110
May 8, 1978
All Souls Parish hereby authorizes the All Souls Annual Spring
Festival to use any property and/or facility belonging to All
Souls Parish for the weekend of June 3 and 4, 1978 that the
Festival Committee may find necessary.
To Whom It May Concern:
ALL SOULS CA THOLJC CHURCH
H 5 PENN WOOD CIRCLE
ENGLEWOOD, COLORADO IOIJO
R Ev. fllANcts J. KAPPEs, P•stOT
May 8, 1978
All Souls Parish finds it inappropriate to hold their annual Festival
at a location other than church property. Therefore, other facilities
would be inadequate for our purposes.
Q:/;x:
Daniel F. L~
Business Administrator
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E-tntr uf <!Iulttra~ o
D£PAHTMENT OF REVENUl
Sl ATE CAPITOL ANNEX
137 S SHERMAN STREET
DENVER . COLORADO 802( 1 303r'92-37G1
Casey, Kl ene, Horan & \legs
{tt o r n~ys At Law
E n~ Sy n e s Guilding
Denver, CO C0202
.~TTE':TIO I !: Tho 11 as J. :·!egs
Ge nt 1 c r.1cn:
June 2, 1977
r.e: Tile f .rc hd i ace se of Denver
:1ft c r a thorou r.h e x <~:·lin il ti on o f t :v~ doc un cnts ar.c e ntire file ~1hich
·.:~ro su bn itted in s u p port of your r equ c s: f o r rx e1r.pt i on ft·or.1 the
;~~o sition of Colorado sale ~ a n ~/or us c ta x , this office finds that
t~~ entities li s t e~ un ~cr th e Arc hd i oce se of Oen ver ·n the 1977
Officinl Catho lic Oirc ctor.}', fl il !J C S 25 3 throunh 2 ~r.. 1nclusive, do
cwalify for such exe;11p tior.. Tll is e x r~rtion ext<'nds to purchases
r.1 ad e fr or.t org anizatio n funds only.
The State of Colora do rioPs no t is st JC e xe mption nu l'1 1 e rs. Should any
o f you r v e ndors r e quire cv i GeJ .ce o f the exe1rp tion, pC'nnission is
he r c:1 :i th ~ranted to r c p ro d ucC' t h is l e tter as re~uire ·l.
Yo urs very trul y ,
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! ioe 1\. I :acias
Sup!'r v i s or
~il l e~. Usr. a nd
C i n ~r e t tC' Ta x Sec t ion
~.Hr ·: c .i
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MINUTES OF
ENGLEWOOD HOUSING AUTHORITY
MEETING
Tuesday, March 28, 1978
SA
Chairman Burns opened the regular meeting of March 28, 1978 at 5:30 P.M.
Roll Call
Call of the roll indicated the following:
Members Present: Thomas J. Burns, Chairman
Rev. J. Stanley Fixter
David Clayton
Members Absent: Cindy Peterson
Betty Beier
Others Present: Richard Wanush
Al Johnson
Alice Fessenden
Walt Imhoff
Dave Choate
Ken Nicholas
Reading and Approval of Minutes
Chairman Burns asked for approval of the minutes of the meetings of February 1,
February 8, February 28 and March 7, 1978.
Councilman Clayton pointed out that at the February 1 meeting he had found it
necessary to leave early to attend another meeting. This fact had not been
recorded in the minutes, and he felt it should be a policy to make note of
those who had to leave early. This was agreed, and the secretary was directed
to insert this note at the top of page 5. The following motion resulted from
the discussion:
MOTION
STANLEY FIXTER MOVED, AND DAVID CLAYTON SECONDED THAT THE MINUTES OF THE
FEBRUARY 1, 1978 BE REVISED BY INSERTING THE NOTE AT THE TOP OF PAGE 5 THAT
MR. CLAYTON HAD TO LEAVE TO ATTEND ANOTHER MEETING, AND THAT THE MINUTES BE
ADOPTED WITH THIS CHANGE, AND THAT THE MINUTES OF FEBRUARY 8 AND FEBRUARY 28
BE ADOPTED AS WRITTEN. ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY.
Discussion followed with regard to the minutes of March 7, and the following
additions and corrections were requested by Chairman Burns: At the top
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of page 2 , insert " ... basement possibly it should have control ... ". At
the bottom of page 3 , last paragraph , "plan require that approval for the
use of the basement be obtained from both the City and the Authority".
MOTION
MOTION WAS MADE BY STANLEY FIXTER TO ADOPT THE MINUTES OF THE MEETING OF MARCH 7
WITH THE PROPER CORRECTIONS . MOTION WAS SECONDED BY DAVID CLAYTON.
Revenue Bond Issue
Ayes: Tho mas J . Burns
Stanley Fixter
David Clayton
Nays: None
Absent: Cindy Peterson
Betty Beier
Chai rman Burns introduced Walt Imhoff . Mr. Imhoff referred to the schedule of
fees whi c h had been presented to the Authority at an earlier meeting. He stated
that the next action would be the receipt of bids by the Authority for the bonds.
Bids were to come in April 25. He then distributed a new schedule, e xplaining
that most of t h e early events scheduled had been accomplished . He said that
they had anti cipated that an answer from HUD would take time , b ut it has not
yet been received . Th e estimated date for approval from HUD now is April 10.
For this reason the projected sale has been postponed from April 18 to Apri l 25.
This would negate a need for a special meeting of the Housing Authority .
Betty Beier entered the meeting at this poin t .
Bids should be received from investment bankers on April 25. This should be one
of the first actions of the Board on that evening. Later, he said, the Board
would adopt the resolution authorizing sale, provided the bids come in within
the limitations prescribed by the notice of sale, and that the bids are accept-
able to the Housing Authority .
He said they would be in a position to forward information to Moody's Investor's
Service for the rating on the bonds in the immediate future. The prospectus and
offering statement that will be furnished to the bidders describing the Authority,
the financial structure, etc., would be prepared before the end of the week.
This will be furnished to the Executive Director and to the Chairman for approval
before it is mailed to prospective bidders.
The next order of business would be a resolution for consideration by the Board
authorizing the request for bids. The copies of the resolution were distrib-
uted, and the resolution was read by Mr. Imhoff. Copy attached, Exhibit I.
Mr. Clayton stated that City Council cannot take any official action because
of the Charter of the City of Englewood, and asked if other Boards are bound
by this. Mr. Burns answered that the Authority is not bound by this , since it
is not a department of local government.
In answer to a question by Chairman Burns, Mr. Imhoff replied that the State
law under which these bonds would be issued requires that the notice be published
in the local newspaper, in a financial newspaper, in Chicago, San Francisco or
New York. Since the primary interest for the bonds would come from Denver or
Chicago, they chose to advertise in Chicago.
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Mr. Imhoff stated that the e arlier date of issue, June 1, would be changed
to May 1. Mr . Clayton asked if the agreement between the City and the Hous-
ing Authority c ould be fin i shed by May 1. Mr. Imhoff explained that they
anticipate completing the transaction May 22, but they cannot close on May 22
if the bonds are dated June 1. Actually, he said, the City and Board will
have until May 22 to complete the transaction.
There was brief discussion of the time schedule, and the fee schedule.
Mr. Imhoff continued reading the resolution. He pointed out that they had
appointed the First National Bank of Englewood for payment of the principal
and interest, and asked if this was acceptable to the Authority. After brief
discussion it was agreed that the First National Bank of Englewood would be
suitable.
The resolution states that the amount of the premium must be not less than
$21,000. This was the amount they estimated the Authority would incur in
completing the transaction of acquiring the bonds from the City, with no
out-of-pocket expenses to the Authority.
Mr. Clayton asked whether the Authority would be held liable if there are
uncollectable rents. Mr. Imh uif replied that the Authority is liable for
the payment of princ ipal and interest. If rents are not collected, money
must be withdrawn from the reserve fund to insure that the bonds remain
current. He added that the resolution will later require the Board to re-
establish that rese rve fund equal to one year's principal and interest as
soon as possible. Mr. Clayton then asked if the members of the Authority
are liable, and Mr. Burns answered that they are not . He went on to say
that i f it is a c a se o f a t e nant's i ncome b eing reduced, the Authority would
simply support t h e r ent to a greate r de g ree. Al Johnson agreed that this
wou ld be do ne .
Al Johnson a s ke d wh eth e r t he mi nimum p r e mium of $21,0 00 would cover the expen-
s e s of e stab l ish ing the t rust fun d. Mr . Imh off answe red that it would.
Mr . Burns asked about any on -going fees , and Mr .. I mh o ff replied that this
would be c o nsid e r e d allowable operating e xpe nses by HUD . They allow trustees
f e es as part of the contract rent, and wi ll adj u st t h e r en t to cover them as
par t of the operating and maintenance e xpenses .
Mr. Burns ask ed what funds the bank would actually be handling, and Mr . Imhoff
replied t h at they will handle the reserve fund and re-inv est it for the
Au t hor ity, with any interest income corning back to the Au t hority. They
will collect on a semi-annual basis the principal and inte r e st and transmit
that to t he bank. He advised that it ~ould be advisable to have the First
National Bank of Englewood act as trustee , as they h a v e had exce llent success
with thei r efforts . He said that if the s ame bank hand les the entire transac-
tion they would give a better price t h a n if t wo separate banks handle it.
Mr. Clayton stated that the Housing Autho rity d o es no t have an agreement
accept ed b y t h e City . Mr. Imhoff stated tha t i t was his impression that
t h e r e h ad b een an "agreement to agr ee ". He added that if there is a problem
between t his meeting and April 25, he wo u l d expe ct t h e Authori t y to rescind
the adoption of this resolution at this me e ting. He said t hat one of his
concerns is that interest rates are going t o g o up , and i f we wait until
the transaction is all "cast in concrete " the r ates wi l l go up and we will
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have missed a favorable market. Mr. Burns stated that he saw no problem
with this; that the Board would expect to be able to rescind the action.
Mr. Clayton asked what is required for a special meeting of the Housing Authority.
Mr . Burns replied that there could be a notice of a meeting. A notice can be
advertised or given for a certain number of days as required by statute. How-
ever, if the members appear and sign a waiver of a notice, they can have a
special meeting at any time. He expressed the feeling that repeated meetings
of the Authority would be undesirable, and that as long as the action can be
rescinded, action should be taken at this meeting.
Mr. Imhoff expressed concern that no answer has been received by HUD. Mr. Burns
stated that if the sale occurs, we would have an addendum to the HAP contract,
or possibly a new contract with HUO.
MOTION
STANLEY FIXTER MOVED AND BETTY BEIER SECONDED THE MOTION TO ADOPT THE
RESOLUTION READ BY WALT IMHOFF AND REVIEWED BY THE HOUSING AUTHORITY.
Chairman Burns called for a roll call vote, which was as follows:
Tom Burns -Aye
Betty Beier -Aye
Stanley Fixter -Aye
David Clayton -Aye
Cindy Peterson -Absent
THERE BEING NO DISSENTING VOTES, THE MOTION CARRIED UNANIMOUSLY.
Mr. Imhoff circulated the copies of the resolution for signatures of the
members of the Housing Authority.
While copies of the resolution were being circulation for signatures, Ms. Beier
mentioned that the roster which had been distributed to members should show
a change reflecting the fact that the Urban Renewal Authority does not meet
on the fourth Tuesday of the month, as stated. Mr. Clayton added that a
change should be made in his business address to show that his office numbe r
is 211 and not 201 as stated.
Walt Imhoff and Ken Nicholas both left the meeting at 6:20.
Chairman Burns next introduced Dave Choate, of D.R.C.O.G., who reviewed a
new draft of the Regional Housing Opportunity Plan, Executive Summary. Copy
is attached to these minutes, marked "Exhibit II".
He stated that this draft is a result of many meetings and discussions. It
will go to public hearing on April 19. In May D.R.C.O.G. will re-draft,
based on comments from that hearing. It will then go back to the Housing
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Authorities for approval of the plan. He pointed out major changes which
had been made, and why they were made. One of these changes was the addi-
tion of the phrase requiring cooperative agreements between the Metro
Housing Authority and Local Housing Authority. This addition was made
following earlier comments related to the Metro Housing District. This
says, Mr. Choate explained, that if there are some jurisdictions which need
help they can receive it.
Discussion ensued regarding the plan, and also on the subject of a county
Housing Authority.
Another policy which was added was that which discourages high-rises, thus
encouraging disbursal of housing, with regard to family housing. Mr. Fixter
expressed concern over what impact this would have on family complexes, with
respect to school areas. Mr. Choate replied that the concern was in concen-
trating low income families in one area. He said they are considering no
more than 35 to 50 units maximum, so as not to compound the problem of low-
income families. On the other hand, he said, there must be some concentra-
tion to provide economical production, management, etc.
There was discussion regarding family housing, school use, etc. Mr. Burns
asked Mr. Choate how the new plan for cities being revealed at this time by
President Carter is involved in housing. Mr. Choate said that they are hitting
rehabilitation very hard. He expressed concern that rehabilitation funds
may not be available in the suburbs; that new units will not be allocated;
how it will effect deconcentration, etc. He said we are assured that the
suburbs will not be neglected, and said that allocations appear to be as
great as, or greater than they were last year, so he is hopeful that the
effect will not be too great.
Mr. Choate pointed out that Englewood receives the highest percentage
of any municipality other than Denver and Adams County in rehab funds. He
also explained C.O.G.'s lack of legal capacity to function as a Housing
Authority.
Betty Beier asked how and by whom the members of the Metropolitan District
would be chosen. Mr. Choate answered that it is proposed that the members
be elected on a county basis, so that each county would have its own repre-
sentatives. Each county was going to appoint an elector to serve on a selec-
tion committee which would meet with other authorities, and among them they
would appoint three persons to sit on the Board of Directors. They would be
elected on three-year staggering terms.
Dave Clayton asked if a community were not a part of this, would they still help
select the members? Mr. Choate replied that they would not. HUD can deal only
with jurisdictions of 25,000 or more. The balance of the county, then, would
have a representative. The major reason is the nature of the economic package.
Discussion followed.
Dave Clayton expressed concern over the small areas, stating that he felt they
have a right to representation . Mr. Choate answered that when it goes to
the legislature this would be built in.
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Mr. Burns asked about a figure of 164 units which appeared in the foot note
of the draft. Mr. Ch o a te answered that this is Englewood's in-place need
at the pre s e nt time. Fac tors were applied, such as the fact that Cinderella
City and other business e s bri ng more people in to Englewood to work, etc.
He said that a very complex p roble m exists in Englewood, with the high per-
centage of low income p eople in the area. He suggested that, because of
questions presente d by Da ve Cl a y ton , if the City Council would like to meet
in a study session, this can be done . Mr . Clayt on suggested that the Chair-
man approach the Mayor to see about ge tting on the agenda. The time for
getting on the Co un c il age nda wa s d i scussed .
There was discussi on as to date s for a study ses s ion. Mr. Choate felt that
if a study session would be held after the C.O.G. public hearing it would
be acceptable.
Dave Choate was excused, and left the meeting at 7:10.
Mr. John s o n next present ed a p r opos e d salary schedule for the maintenance
engineer at t he Simon Center . He explained that we are working with CETA
at the County with the p e rson we have hired. During the eight-months period
for which he was h ired CETA will pay 40 per cent of his income. In addition,
the young man is a veteran. We have worked with the Veterans Administration,
he reported, for a salary reimbursement. Under this program he can be reim-
bursed under a training program, which is comparable to the CETA program.
Mr. Johnson went on t o say that the hope is to bring the Housing Authority salaries
up to where they a re more in line with t he Ci ty 's, and to be able to get the type
of people we want and to b e able t o k eep t hem. He reviewed the salary scale,
and discussion ens ue d on the sche du le , p l u s the other bac kup material which
had been distribut ed, and whi c h had precipitated t h i s schedule.
Dave Clayton stated that a policy shou ld b e set up for Simon Center employees.
During furth er d iscussion, i t was r eques t ed t h at t h e t aking of minutes cease
while a porti o n of the di s c u s sion took p lace . Chairman Burns objected, saying
that whateve r is discus sed s h ould b e in t h e rec ord. He stated that he felt
t hat wa s the way t h e Housing Authority s hould b e run.
MOTION
MOTIO N WAS MADE BY STANLEY FIXTER AND SECONDED BY BETTY BE I ER THAT THE HOUSING
AUT HO RI TY ACCEPT THE SALARY SCHEDULE FOR MA I NTENANCE ENGINEER FOR THE SIMON
CENTER .
Th e Ch ai rman called for discu ssion. In a n s we r to a que stion by Mr. Fixter,
Al J ohnson pointed out t hat increases are not automatic, but to be used as
incentive. He referred to a schedule of work being perform e d b y t h e mainten-
an ce engineer. After more discussio n, the f ollowin g s ubstitute motion was
made:
MOTION WA S MADE BY DAVID CLAYTON TO ACCEPT THE PROPO SE D SALARY SC HEDULE FOR
MAINTENANCE ENGINEER FOR THE SIMON CENTER WITH THE FOLLOWI NG CHAN GE : THAT
STEP A AND STEP B BE CO MBINED AS STEP B, AND THAT ALL OF THE CONDITIO NS OF
STEP A BE APPLIED TO STEP B.
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There was discussion on the second motion. Mr. Clayton felt the staff might
need more time for evaluation; however, Mr. Johnson pointed out that in this
schedule, the entire first two years is considered a training period. At any
time the person can be dismissed if his performance is considered unsatisfac-
tory. Mr. Johnson agreed with the suggestion that there should be a grievance
procedure, even though the Simon Center personnel are not under Career Service.
Mr. Clayton withdrew his substitute proposal, and Chairman called for a vote
on the original motion:
Ayes: Thomas J. Burns
Betty Beier
Stanley Fixter
David Clayton
Nays: None
Absent: Cindy Peterson
MOTION
IT WAS MOVED BY DAVID CLAYTON AND SECONDED BY STANLEY FIXTER TO DIRE CT THE
STAFF TO DRAW UP A GRIEVANCE PROCEDURE AND WHATEVER PERSONNEL POLICY THEY
DEEM ADVISABLE
Ayes: Thomas J. Burns
Betty Beier
Stanley Fixter
David Clayton
Nays: None
Absent: Cindy Peterson
Al Johnson distributed material on the Community Development Block Grant, and
the monthly reports on the Section 8 Existing program and the Rehabilitation
Loan Program, and the latest Rehab brochure which had been distributed through-
out the target areas. He reported for the information of the Authority members
on a loan applicant who has caused problems for all concerned with the work
on her house. He reviewed what has occurred thus far, and what is planned.
Mr. Johnson next reported on the Community Development Block Grant plan and
the public hearing which was held. He said he was encouragedabout the response.
He also reported that a house mover has done some work in the Scenic View area.
He suggested that this would be an excellent place to visit in connection with
a tour of rehabilitation sites.
Adjournment
There being no further business to be brought before the Authority, the meet-
ing was adjourned at 7:50 P.M.
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£!!!!.!~.!!~ !!!£Q!!!!
Of' PROCEEDINGS
Of' THE ENGLEWOOD HOUSING AUTHORITr,
ENGLEWOOD, COLORADO
RELATING TO THE ISSUANCE Or
HOUSING REVENUE BONDS,
DATED JUNE 1, I971
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NOTICE OP MEETING ,.
TO THB BOARD OP COMMISSIONERS OP THE ENGLEWOOD HOUSING AUTHORITf,
ENGLEWOOD, COLORADO!
NOTICE ia hereby given that a regular aeetint of
the Board of Coamissionere of the Authority will be held •~
the Slaon Center, llll So. Lincoln St., Englewood, Colorado, oa
Tueacley, March 21, 1971, at 5:00 P.M., at whlcb meeting tbe Boar•
will couicler end act upon utter• relatint to the iaauence of
Boueint Revenue Bonde of tbe Authority and take up any ot~er
bualnesa to co .. before it.
GIVEN under our banda end tbe aeel of the Authority
•• of the 28tb clay of March, 1971.
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-Execuuve D re or -l
ACKNOWLEDGMENT OP NOTIC&
AND CONSENT TO MEETING
We, the undersigned, lleDibera of the Board of Commia-
aionere of the Englewood Houaing Authority, do he~eby acknowledge
receipt of the foregoint notice of aeeting, end we hereby waive
any end ell irreguleritiea, if any, in auch Notice end in the ti ..
end 11enner of service thereof upon ua, and consent end agree to
the holding of auch .. eting at the ti•e end place apecifiecl ill
aeicl Notice, end to the trenaaction of any end ell bueineae w~icb ••r c010e before aucb aeeting.
Co mmissioners
Englewood Housing Authority
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STATE OF COLORAOO )
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COUNTY 01' AlAPAIIO& ) aa.
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CIT! OP ENGLEWOOD I
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The Board of Com•iaaionere of the Englewood Houaint
Author itJ • Englewood. Color ado. ..,t in regulae seaaion. ia full
confor•ity witb law and tba bJ lawa of tbe AuthoritJ• at tbe
llaoa Centac. lllJ So. Lincoln lt •• in Englewood. oa Tue8dof•
Rarcb 21. 1971. at 5s00 P.R. The followint aeabera of tbe Boac•
vera present. conatituting a quoruas
Chalrotana
Vice Chair11ana
Coaalaaioneraa
Alao pceeenu
Executive Director•
Thooaa J. lurno
Mro. Betty Beiec
David B. Claytoa
Rev. J. Stanley ~iatec
Mrs. Cindy Peteraoo
George Allen Johnson
Abaenta ---------------------
Thereupon Commissionar introduced
and moved the adoption of the follow i ng aeoolutiona
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RESOLUTION NO.
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WHEREAS, the Board of Coeei .. ionero of tho En9l-D4 , ·•
Bouain9 Autbority baa deter11ined that it io edvi .. ble to .equiro
the eahting building located at 333) South Lincola Street, ia ::
Englewood Colorado, owned by the City of Englewood, end
lfHERIUUJ, the building wao conetructed bf tho Cit}' fH ··
tho purpooe of providing eefe and eenitery dwelliDI occoaodetio ..
to elderly lov-incoM pereono and botb the City ead tbo Authorit}'.:--· ~.''
baye previoualy entered into e Kenegeoent Agreeeent .relet1DI to
tho 11anegeeent of the bouoint project' end
WIIBREU, tile Bo.erd hao detereinod to ieoue reven~~e bonde
for tho purpoeo of paying the purcheoo price end tbe ooou ond
oapenseo relating to eucb acquiaition1 end
WHEREAII, nrt ice of the s ale of bonds euet be 9ivoo by
tho Board in accordance witb tho provialon. of tho Boueing Autb-
oritiee Law, (Title 29, Article 4, Part 2, Colorado Revi ... d ~
Statuteo 197), •• aoended)J
81 IT RESOLVED Bf THE ENGLEWOOD HOUSIIfG AUTHORITY,
ENGLEWOOD, COLORIIDOa
1. That notice of sale of bonde of the Autboritl'
in the p.rincipel aoount of $2,265,000, ehell be given by pub-
lication once at heat teo (101 dayo pr io.r to oucb aale io the
Inglewood lerald-Sentinel, e newspaper circulating in tho City aod
in The Well Street Journal, Chicago, Illinoia (Midwest &dition), o
financial newspaper published in Chicago, Illinoio. A su.aary of
tho foro of the notice of sale set fortb on the following pages, ••Y be publiahed.
2. The foro of the notice of aale ehall be oubstaJt-
tially ae follows•
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NOT ICE OP SALI
ENGLEWOOD HOUSING AUTHORITr, ENGLEWOOD, COLORADO
HOUSING REVENUE BONDS, $2,265,000
BID OPENING: TUESDAY, APRIL 25, 1971
5:00P.M. M.S.T.
NOTICI IS HEREBY GIVEN That the Englewood Rousing
Authority, Englewood, Colorado, will receive sealecS bide et Ute
office of the Englewood Rousing Authority, l•oo South Blatt
Street, in Englewood, Colorado, until 5:00 P.ll., N.S.'I'., OD
Tuesday, April 25, 1978, f or the purchase of Rousing Revenue IOnda
in the principal amount of $2,265,000, of tbe Authorit~.
The bonds will be da ted~ 1, 1971 and ' b~ in tbe
deno11 i natton of $5,000 each, number eel 1 to 451, inclusive. fte
bonds shall bear interest at a aaxi•u• net effective interest rate
not exceeding 6-1/U per annu•, evidencecS by one set of coupona
only, payable on December 1, 19 "18 and aeai-annudly thereafter on
June 1 and December 1 eacb year, and ahall mature serially on Dec em ber 1, •• follows:
Amo unt Maturity
' 40,000 1971
60,000 1979
65,000 1910 70,000 1981 70,000 1912
$ 75,000 198)
85,000 uu
8 5 ,000 1185
90,000 1986 100,000 1987
$100,000 1981 110,000 ltlt
115,000 lUO 12 0,000 1991 130,000 1992
$135,000 1993
145,000 19 94
155,000 1 995
160,000 1 996
175,000 1 997
180,000 1998
Bonds of thia issue maturi ng on or before December 1,
1987, shal l not be redeemable prior t o their respecti ve maturity
dates. Bonds matur ing on o r after Dec embe r 1, 1988, are redee•-a ~l e at the option of the City on December 1, 1987 and on any
interest paymen t date th@reafter , in inverse n u ~erica l order, upon
pay::>ent of par , accr ue d interest and a premiu• of l t of th e principal amount so r edeeme d.
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The principal and interest Oil said bonds shall be "
payable at The Firat National Bank of Englewood, in Engle.,ood, · Color ..to.
Bonds will be a"arded on the baaia of the bid resultint
in the lowest net interest coat, "hich is defined as the total
amount of illterest to accrue fra. the date of issue to the data o1
maturity, without regard to the prior rede•ption provisions, less
the amount of cash pre•iua bid. The amount of the premium mast be
not leas than $21,000. Bidders are requeated to .. t forth the nat
Interest coat and the net effectiYs interest ute in their bid.
Ko bid for lesa than the par amoullt alld preaiua of !lOt leaa thaa
$21,000, will be accepted. Interest ratH should be stated la
aultiples of t"entieths or el9hths of one per cent. The ••••-
allowable spread between the highest and lo.,est illterest rates bid
is 1-112•. The maxi.u• nuaber of separate interest rates allowed
ahall be 5, although the saae interest rate aay be repeated. ..
more than one interest rate should be bid for each aaturlt7.
Bida •ust be without condition or reservation and
•ust be accoapanied by a certified or cashiers cheek on s bank or
trust company payable to the Authority in the amount of $25,000.
Cheeks of unsuccessful bidders will be returned promptly after
bid opening.· The cheek of the successful bidder will be retained,
without interest, and applied on bond purchase if the purchase is
completed, otherwise aa liquidated daaagea.
The bonds will be issued for the purpose of acquiriDIJ
an exiatlng building in Englewood, containing approxi11ataly lOt
units leased to elderly low-incoae tenants, and the coats and
expenses incidental to auch purchase. The bonds and the interest
thereon are payable froa the nat incoaa and revenue of the project
to be acquired with the bond proceeds, including certain payments
to be made by the United States of America, Departaent of HouainCJ
and Urban Developt .. nt, in accordance witb a Rousing Aaaiatance
Payaents Contract with respect to the project. Tha bonds shall
constitute a first and prior lien on aucb net inco .. and revenue.
The payaent of the bonds and interest ia not aecured by a aort-
gage or trust indenture. T~ resolution authorizing the iaauenca
of the Rousing Revenue Bonde will contain the customary covenants
and agreeaenta relating to the security thereof, includiRCJ tbe
covenant to establish and collect rents for the houatng units.
The resolution will provide that no additional bonds of the
Authority 11ay be iaaued having a lien on the nat incoae and
revenue of the housing project, on a parity with the lien of this
issue of bonds.
The Authority will furnish the executed bonds, • cert-
ified transcript of legal proceedings and the approving legal
op inion. The legality of the bonds will be approved by lle .. u.
Willson and Lamm, Attorneys at Law, Denver, Colorado, whose legal
opinion will be printed on each bond. Bond counsel's approving
opinion will recite, in conventional form, that bond counsel has
exa~ined the Constitution and Laws of the State of Colorado and a
certified copy of the record of the proceedings of the Authority
taken pr e li minary to and in the issuance of the bonds and that
bond counsel h a s examined bond numbered one of sai d issue and
has found the same properly executed and in due legal form. The
last paragraph of the opinion will express an unqualified opinion
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as to legality anll as to taa exemption of interest oo the bonda.
In the event that prior to delivery of the bonda, the Departaent
of Housing anll Orba n Developm"nt does not issue a deter01ination
letter that the lntereat on the bonds is eaempt froa federal
income tas, or if there has been a change in law or federal
regulations which would subject the interest to federal inc-
tas, directly or indirectly, the succesaful bidder •ay refuae to
accept delivery of the bonlla and iD aucb eveftt the bill deposit
shall be returned without inteceat.
The •attera pasaell upon by bonll counsel llo not estend
beyond those •entionell ill the preceding paragraph. T!le opinloa
will atate that bonll counsel baa not independently lnvestlgatell
nor vee ifiell the adequacy anll accuracy of the infocaatlon COD-
tal nell in the Official ltateaent, Proapectua, Offering Ciccula.r. 01r
other siailar llocuaenta, if any, and therefore assuaea no respon-
aibillty for the accuracy, completeneaa o.r fairnesa of any atate-
aents aalla in connection with any purchase or aale of any of the bonlla.
T!le bonlla will be llelivecell in Englewood, Colorello, ar
at any other place at the request and espenae of the purchaaer.
Sealed billa should be aubaittell to Mr. George Allea
Johnson, Executive Director, Englewood Housing Authority, lCOO
South Elati Street, Englewood, Colorado 80110, and envelopea
ahoulll be marl< ell •sealed bid-Englewood Housing Authority Bonlla".
The Board of Coaaisaionera will aeet on April lS, 1971, to consider all billa.
The Authority resecvea the eight to reject any anll all
billa and the right to waive any defect or irregularity in any bill aubaittell.
Infor•ation concerning the Authority, or the propoaell
issue of bonda, aay be obtained froa the Executive Director of the
Authority at the addresa i ndicated above, or froa Hanifen, Imhoff
• Sa•f~rll, Inc., 62C 17th Street, Denver, Colorado 80202, the
financial conaultant to the Authority.
THIS
aionera of the Englewood
March, 1971.
( S E A L )
Publish in: Englewooa Herald-Sentinel and
The Wall Street Journal
Publiah on: April 12, 1978
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3. In addition to the publicatioa of the notice of
aale, the Executive Director and the Financial Conaultant are
authorized to forward a copy of the prospectua and notice of aele
to thoae investment bank l ni firma, banka an4 othera wbo •itht be
lnteceated la bidding on bonda of the Authority.
t. That if anr one or more aect lone or parte el thia
aeaolutlon ahall be adjudged unenforceable or inval14, aacll
judg•ent ahall not affect, lapalr or invalidate tbe re•alni ..
pcoddona of thla lleaolution, lt being tbe lntenti-that tile
varloue provision• hereof are severable. •:
ADOPTED AND APPROVED Thia 21tb day of ... rcll, it11.
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Thereupon Commisaioner
the motion.
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seconded
The question being upon the passa9e and adoption of
the Re solution, the roll was called witb the followiniJ resulta
Those voting YESa
Comaissionl!rs:
Those voting NO:
Mrs. Betty Beier
Thomaa J. Burna
David B. Clayton
Rev. J. Stanley Piater
ltrD. Cindy Peteraoa
The prl!siding officer thereupon dl!clared that s aajori~
of those Comaissioners present at the aeeting havin9 voted ia
favor thereof, the motion was carried and the Resolution duly
passed and adopted.
After conaidering other businesa to come before the
Board, the 11eetin9 waa thereupon adjourned.
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STATE OF COLORADO )
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COUNT! OF ARAPAIIOE ) sa.
I CITY OF ENGLEWOOD I •
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I, Georg• Alleo Johnson, E•ecutive Director of tbe
Englewood Rousift9 Authority, do hereby certify that the foregoing
pages nuaberecl 2 to I, inclusive, constitute a true and corr~
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copy of a portion of the recorcl of proceeding• of the Boar4 eC · • ,1 ,_.
Coaaissionera of the !nglewoocl Rouaint Authorttro tstao at~~~~
regular meeting of the lloerd oo Tue adsf, tbs 21th Ills}" of Rarcll,
1971, insofar as saicl proceeding• relate to a Resolutioo coo-· J
earning the Notice ef lale of Bonds. Yha Reaolutioo bas hesa
signed by the Chsir .. o and by •• as E•ecutive Director, ••-officio
Secretary, sealed with the corporate seal of the Authority, ...
recordelll in the official records of the Authority.
IN TESTIMONY WHERE Or, I have hereunto subscribed a}" na ..
and afflaed the corporue &e al of t~' Authority, in Englewood,
Colorado, thb ~ da}" of )\\o.~ , lt71.
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( S E A L )
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(Attach Affidavit of Publica tion of No ti ce of Sale of
Bonds i n the Englewood Herald-Sentinel)
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(Attach Affidavit of Publication of Notice of Sale of
Bonda i n the The Well Stceet Joucnel)
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(Attach list of banks and investment banking firme to whoa the
notice of sale was focw•cded)
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5
ENGLEWOOD WATER AND SEWER BOARD
Regular ~1eeting
April 18, 1978
The meeting was called to order at 5:08 P.M. by Chairman Gibson.
Members present: Gibson, Best,Mann, Ullery, Schnackenberg
Members absent: Harper, Taylor, Feamster, Witthus
Also present: Stewart H. Fonda, Director of Utilities and Steve Stephens,
Utilities Administrative Assistant
I. The Board reouested Mr. Fonda brief them on the purpose of
of Mr. Banta's request to speak with the Board. Mr . Fonda
stated that Mr. Banta desired to present a proposal to the
Board which would exemot certain builders from the increased
tap fees proposed in the amendment to the sewage service
contract with Southgate Sanitation District for a short period .
Mr. Banta arrived at 5:20 P.M.
Mr. Banta was given permission to proceed with his presentation by
Chairm an Gibson.
~r. Banta stated that the Southgate Board was in basic agreement
with the proposed contract extension between Englewood and
Southgate. The Southgate Board proposes to give special con-
si deration to builders who have sites under contract before
May 1, 1978. Any developer who could produce a building permit
and contract sale s howin g a date prior to Ma y 1, 1978, would
pay the present tap fee of $35 instead of the new tap fee of
$600.
Merry Feamster arrived at 5:25 P.M.
Mr. Banta stated that he had drafted an agreement to this effect
and would like to discuss the agreement with the City Attorney.
Mr. Fonda stated that he would coordinate this effort.
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Mr. Schnackenberg moved;
Mrs. Feamster seconded: That Mr. Banta and the City Attorney
negotiate the above mentioned provisions
to the proposed contract extension with
Southgate Sanitation District and that
the negotiated agreement be sent to
Council for approval.
Ayes: Gibson, Best, Mann, Schnackenberg, Ullery, Feamster
Nays: None
Motion carried .
II. EXPLANATION OF SEWER CHARGES
Steve Stephens, Utilities Administrative Assistant presented
several charts which showed examples of how sewer service
charges are calculated for customers with water meters. He
stated that Englewood was one of the first cities of this size
that had received federal funds for improvements and one of
the first to receive approval from the EPA for sewer treatment
charges by consumption.
III. ENGLEWOOD PARKS AND RECREATION REQUEST FOR USE OF McLELLAN
RESERVOIR ON JUNE 26 -JULY 8 AND AUGUST 7 -AUGUST 19
The Englewood Parks and Recreation Department would like to run
both a Basic Canoeing and a Basic Sailing class this summer at
Mclellan Reservoir. They hope to run three courses during each
time period and each course requires a minimum of twenty hours
of instruction.
Mr. Mann moved;
Mrs. Ullery seconded: That permission be granted to the
Englewood Parks and Recreation
Department for use of the Mclellan
Reservoir on the above mentioned
dates and that a sign be posted
that the Reservoir was in use by
the Parks & Recreation Department
and not open for public use .
Ayes : Gibson, Best, Mann, Schnackenberg, Ullery, Feamster
Nays : None
Motion carried .
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DATE:
SUBJECT:
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RATIFICATION OF RECOMMENDATION ON CITY DITCH AGREEMENT
~liTH THE DENVER ~JATER BOARD
On April 12, 1978 the following recommendation wa s made to council
as a result of a t el eph one poll made of the Board members. The
vote was eight yes and one not available to cast vote.
April 12, 1978
City Ditch-Highline Canal Agreement with Denver
RECOMMENDATION : That the City Council approve the proposed agreement
with the Denver Water Board for opera tion of the
City Ditch and the Highline Canal.
Respectfully submitted,
ENGLEWOOD WATER AND SEWER BOARD
By: :----:o-.,..,---..,.,c ---,--------.!~ Tom Gibson, Chairman
V. CITY POLICY ON USE OF McLELLAN RESERVOIR
Request was received from A-1 Diving Company for use of Mclellan
Reservoir for open water scuba diving classes. The Board referred
to the Municipal Code 15-3-3 which states that it shall be unlawful
for any person to fish, swim, boat, swim,bathe or engage in any
other form of recreational activity in or upon any reservoir, lake
or pond which constitutes a part of the supply of water for the
City's domestic water works system, or to picnic within 150 yards
of any such body of water, or to dispose of trash of any type by
depositing it therein. I • •
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Mrs. Ullery moved;
Mr. Schnacken berg seconded:
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That A-1 Diving Company's request
be denied for use of Mclellan
Reservoir for open water scuba
diving classes. The Board in-
structed Mr. Fonda to notify A-1
Diving of the request denial .
Ayes: Gibson, Best, Feamster, Mann, Schnackenberg, Ullery
Nays: None
Motion carried.
Meeting adjourned at 6:50 P.M.
Respectfully submitted,
-~ k2d:-K~ Roberts
Recording Secretary
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CITY OF ENGLEWOOD, COLORADO
BO ARD OF ADJ USTMENT AllD APPEALS
APRIL 12 , 1978
The regular meeting of the Board of Adjustment and Appeals was
called to order at 8 :00 P.P. by Chairman Oliver .
HEHBERS PRESENT:
lffiHBERS ABSE NT:
ALSO PRESENT :
JAl!ES I:. BROC K
Dawson, Br own, Leonard, Hallag in, Seymour,
Kreilin g, Oliver .
None .
Chi ef Building Inspector, Gar y Pittman
Assistant Ci ty Attorney, Le o Clark
Reco rd ing Secre tary, Vale r ie Christy
-------------------------------
4711 SO. ELATI CASE NO . 09-78
REQUEST: The app licant is requesting a varianc e from the required
75 ft. lot fronta ge to a 50 ft. frontage for the purpose of erecting
a single-family dwelling uni t. This is a variance of the Comprehensive
Zon i n g Ordinance, Section 22 .4-2 f ., (2),(a), minimum frontage of lot.
The subject parcel is lo cated at 4711 So . Elati . If this 50 ft.
frontage is d evelop ed, the remaining parcel will also have a 50 ft .
f ronta g e . The remainin g parcel and premises located at 47 09 So .
Ela ti will not incur any new setback violation b y being split.
Most of the existing residences in this block are on 50 ft. parcels.
This property was part of original Englewood. There are no other
variances affecting this property.
The properties in this area are single-family residences .
The subject parcel is located in a R-1-A Zo ning District.
Mr . James E . Brock, of 1000 r:. Stanford Ave, En glewood, Co., stated
that he was requesting a variance to build a single-family residence
on a 50 ft . fronta ge lot. He stated that most of the houses on that
street and surrounding streets were also built on 50 ft. fr ontages .
He felt that the proper use of the land would n ot be affected by
the construction of the single-fami ly residence .
Mr. Brock submitted letters of approval from the adjacen t neighbors
for evidence .
Mr. Brown asked how large a house he planned to build.
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Mr. Brock stated that he planned to build about a 800 sq . ft.house,
comparable to those of the 4700 block of Elati .
Mr. Brown asked how many bedrooms.
Mr. Brock stated that he planned to build the proposed house similar
to the horne he presently resides in which has two bedrooms and a
full basement .
Mr . Seymour asked if !1r . Brock planned to build the house to sell or
rent.
}fr. Brock stated that he planned to build the house to sell since he
owns the adjacent lot also and can not afford to hold both properties.
Mr. Seymour asked if Mr . Brock was going to do the building himself.
Mr. Brock stated that he was not.
Mr. Brown asked how soon he planned to start building .
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Mr. ~ stated that because of the difficulty of getting his
utilities, the building would probably would have to be posponed
one year. He stated that he had not applied for utilities untill
he was sure he permission to build from the Board. He is hoping
to start as soon as possible .
Mr. Seymour Motioned:
to grant a variance from the required 75 ft. lot frontage to
a 50 ft . lot frontage for the purpose of erecting a single-
family dwelling unit, which is a variance of the Comprehensive
Zoning Ordinance, Section 22 .4-2 f., (2),(a), minimum frontage of
lot .
Hr. Brown seconded the Motion:
Upon a call of roll, the following vote resulted :
AYES : Dawson, Brown , Hallagin, Seymour, Kreiling,Leonard, Oliver .
NAYS : None .
Chairman Oliver declared the variance granted .
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MILTON E . & ROBERT L . SENTI 4725-4729 SO. LINCOLN CASE NO. 1 1 -7 :
REQUEST: The applicant is requesting to use the existing accessory
structure on the premises for an auto spray painting booth facility .
This is a variance of the Comprehensive Zoning Ordinance, Section
22.4-5,0. (Permitted Uses)
Th is property was annexed into the City in 1952. The property was
registered as a woodworking shop in the County prior to 1952 .
It has been a properly registered non-conforming use up t o November
of 1977. At that time the wood working shop moved elsewhere . The
struct u re in question has remained vacant since that time . A pre-
viously granted variance (Case No. 67-50) allowed an addition to this
structure for a loading dock .
This is a residential zoned district abu tting a business zoned district.
This is a R-2 district .
~r . John A . Criswell, Attorney at Law, 3780 So . Broadway, Englewood,
representing the owner and prospective lessee stated that the
property had been properly posted. He further stated that presently
existing on the property is a non-conforming use that has been in
existance an excess of twen ty-six years . The non-conforming use
has not been engaged in since November 1977 , but it has no t been
technically abandoned, so that in the event that the variance is not
granted, that carpentry shop can continue to operate. Technically,
what he is requestin g before the Board is to change a carpentry non-
conforming use to a painting non-conforming use .
t1r. Criswell presented a copy of a land-use map to the Board for their
reference as Pe t ition's Exhibit #1 ., point i n g out the location of a
presently exis tin g 6 ft. privacy fence.
Mr. Criswell requested that although the variance was addressed to the
entire lots belonging to 4725-4729 So . Lincoln, that the variance be
limited to just the westernly 55 ft . to assu that a subsequen t owner
would not be entitled to expand the variance that was granted.
He stated that the other structure on this property is a two-famil y
dwelling which is in g ood shape and the fence which he pointed out
separates the residential use that has been made of the property over
the years and the non-conforming use that has been made of the
property.
Mr.Criswell then submitted Exhibit #2(hand sketch of same land-use map)
to give better idea of the fence that he was talking about.
He also pointed out the addition that had been approved b y the pre-
vious variance .
Mr. Criswell brought to the attenti on of the Board members that the
center of the alley separates the commercial B-2 zone from the
residenti al R-2 zone . De also stated that despite the 55 ft. of the
area in question the remainder of the lots still met the size
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requ irements or sq. ft. requirements in the R-2 r esidential area .
Mr. Criswell then called Mr . Milton Senti before the Board .
Mr. Hilton Senti, 701 Ua ts on Lane, stated that the property had been
posted for the meeting as advised by the Board .
Mr. Senti identified photographs of the subjec t property and it was
submitted as Exhibit #3, 4, 5, 6.
Hr. Senti stated that he was famil iar with the surrounding neighborhood
of this property and in fact had resided at 4659 So . Lincoln for
four years in about 1965.
Mr . Senti stated that he purchased the property about a year ago.
He also stated that he owned t he prop erty across the alley . His
property, Senti Hotors, on Broadway is being used as an automobile
sales lot. He also stated that all of the businesses on that block
of Broadwa y, with the exce ption of a residence and a realty office ,
are for re pair or sa l es us es. He furthe r stated that when he
purchased the proper ty he did not know that the carpenter was going
to quit. He also stated that during the time he had a tenant there
he never received a complain t on noise or dust with respect to the
carpent er shop itself .
Mr. Senti stated that t he alley is in the present paving district .
So it will be improved sometime this summer.
Mr . Senti stated that his son, Bob Senti, would be leasing the shop
for a auto painting shop.
Mr. Criswell submitted a letter of approval from the neighbor to the
south of the property as Exhibit # 8.
Mr. Criswell then called Robert L. Senti, 701 Watson Lane, to speak
before the Board .
Mr. Robert Senti stated that he planned to pave the area around the
shop and put up another fence along the alley side to enclose the
shop area .
Hr. Senti also stated that this variance would help his business if
he could do repairs to the cars he sells on his lot.(Senti tlotors)
Mr . Senti stated that he thought the building met all the Building
Code requirements for safety for an auto painting facility. What
ever other requirements were needed he would be willing to comply with.
He himself would be the person actually operating the paint shop.
Mr. Kreiling asked Mr. Criswell for clarification of the 55 ft.
Hr. Criswell stated that the 55 ft . measured from the alley line
to the fence.
Chairman Oliver asked why they had decided to change the use to a
paint booth rather than try to get a continuance of the use as a
carpentry shop.
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Mr. Robert Senti stated that the property was originally a wood-
working shop, but he had been in business just since last March
a nd felt that since the propert y a j oined his business that it vmuld
help his business alot to be able to repair and paint his autos
for sale, and with high costs for repair and painting, the shop
would help him keep his costs down .
Chairman Oliver asked if there would be cars parked in the open space .
Mr. Senti stated that there would be some cars, that is why they plan
to put up th e add itional fence.
Hr . Brown askedithere would be body work done to the extent that it
would disturb the neighbors.
Mr. Senti stated that before, there were saws operating and that
was noisier t han car painting or repair, and there were never any
complaints .
Mr. Criswell a sked Mr. Senti if any work would be done outside of
the shop .
Mr. Senti stated that all work would be done inside the shop .
Chairman Oliver asked if there would actually be body work done
in the shop .
Mr. Senti stated that a certain amount would be necessary . He also
stated that all work would be related to his business .
Mr. Pittman , Chief Building Inspector, submitted two letters of
opposition from some neighbors as Exhibits #10 and 11.
One of the l etters stated that there h ad been construction going
on recently.
Hr. Criswell remarked that he himself had visited the site s everal
times in the last ten days and no construc tion of any kind had
ever been going on .
After discussion by the Board:
Mr. Brown Motioned : to grant a variance to use the existing
accessory stru~ture on the premises fo r an auto spray booth facility,
which is a var1ance of the Comprehensive Zoning Ordinance , Section
22.4-5, 0. (Permitted Uses),with the following conditions :
1. The lot on this portion of property will be paved .
2. The building will meet the Uniform Building Code 1973, for
operating a spray booth.
3. The fence will be constructed along the alley.
4. The variance will apply only to the westerly fifty-five (55)
feet of Lots 41-44, Blk . 72, Harlem Sub-Division .
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Mr. Seymour seconded the Hotion.
Upon a call of the roll , the following vote resulted :
AYES: Dawson, Brown , Leonard, Hallagin, Seymour , Kreiling, Oliver.
Nays: None.
Chairman Oliver declared the variance granted.
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ROBERT BABCOCK 4881 SO . LIPAN CASE NO. 12-78
REQUEST : The applicant is requesting a variance from the required
sideyard setback of 7 ft . to 3 ft. for the purpose of erecting a
detached garage. This is a variance of the Comprehensive Zoning
Ordinance, Section 22.4-2, 1 . ,(2) ,(a). The subject parcel is located at 4881 So . Lipan.
This property was annexed into the City in 1952 . The residence
was built in 1959 . If this garage were built in the back l/3 o f
the lot , the garage would meet the setback requirements of 3 ft .
Because the garage will be located in the first 2/3 of the lot,
the garage must set 7 ft. from the side property line . There are
no other variances affecting this property . There are no other
similar variances in that immediate vicinity .
This is a single-family residence district b ordering a commercial zone d district.
The subject property is zoned R-1-A .
Mr. Babcock, 4881 So. Lipan, stated that he wanted to build a two-
car garage to match the brick home. He would like to keep the
garage as close to the house as possible to keep the open area
in the back, \vhich would put the garage in the fro nt third of the
property. He got the written permission of the adjacent neighbors .
He stated that the ga rage wou ld not be close to any other structures
other t han the house. He also stated the garage would be 24ft. by
26 ft. and all contracted out .
t1r. Oliver asked if there would just be a single 16ft . door .
Mr. Babcock said there woul d be as large of a door as possible that
would fit and look good. He also stated that he hoped to replace
the single driveway with a double width driveway.
Mr. Oliver asked if there were any other reasons why Mr. Babcock
did not want to build the garage in the back .
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Mr . Babcock stated that the main reason for keeping the garage
up near the front of the property was that there is no alley and
he would have to pave a driveway all the way to the back of the
property to reach the garage if it were built in the back.The
cost of the concrete would almost be as much as the cost of the
garage. Also, he would hate to break up the good size back yard.
He stated that he had noticed others in the n eighborhood who have
their garages up near the house, and that his would not be an exception.
Mr . Brown asked how far back from the street the garage would be .
Mr . Babcock stated that he believed it would be 53 ft .
After discussion by the Board :
Mr. Seymour Motioned :
to grant a variance from the required sideyard setback of 7 ft . to
3 ft. for the purpose of erecting a detached garage . This is a
variance of the Comprehensive Zoning Ordinance, Section 22.4-2, 1 ., (2) (a) .
Mrs . Dawson seconded the Motion.
Upon a call of roll , the following vote resulted:
AYES : Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver .
NAYS : None .
Chairman Oliver declared the variance granted. ---------------------
S\VEDISH MEDICAL CENTER 501 E. lW1PDEi~ AVI:. CASE NO . 13-7
PillQUEST : the applicant is requesting a
sideyard setback of 15 ft . to 12.45 ft.
a two-story medical building addition .
Comprehensive Zoning Ordinance, Section
variance from the required
for the purpose of erecting
This is a variance of the
22. 4-7 i. , ( 2) (F) .
The existing retaining wall was designed with the intention of
erecting a building on it at a future date . When the retaining wall
was built the sideyard setback requirement was 10 ft . In 1963 the
zonin g ordinances were revised and the sideyard setback was increased
to 15 ft . Swedish is now proposing expanding the building on the
re ta ining wall as originally proposed .
There is one remaining house on that block and the proposed structure
will be 12.45 ft. from the rear north east property pin .
With the exception of the one remaining residence in that block,
all the remaining property is hospital use .
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This is a R-3 Zoning District .
Mr. Darley, representing Swedish Medical Center, stated that the
staff report summeri z ed very well the situation. He just wanted
to add that in 1962, "t-lhen the wine was built there were insufficient
funds to continue and add the surgery addition as they had originally
planned. Now they find it necessary to continue to expand . So,
they are going on their orginal plan. They plan to put an operating
room and staff offices on the existing wall.
The specific reason why they are coming before the Board for the
variance, is because originally, the side yard setback requirements
was 15 ft. when the wing was built, and since, sometime in the 1960's
the zoning was changed to a 10 ft . setback requirement.
Mr. Kreiling asked if the exisitingretaining wall was originally built
for their proposed purpose.
Mr. Darley stated that yes, it was. He stated that the cassions
were there and that it was structurally compatible to the proposed
structure and intended purpose .
Mr . Pittman clarified the definition of the sideyard, stating that
area in question was considered Swedish's sideyard since the Hospital
faces and is addressed on Hampden making that it's frontyard.
Chairman Oliver asked if the 2~ ft. were critical to their plans.
Mr. Darley stated that it was because the proposed surgery is
centralized surgery and the only other alternative would be to angle
the addition out towards the front of the property which would
create a crooked access to the surgery as well as great expense because
of the angle of the hill and having to use the additional concrete
and steel to build up the hill. This would also mean using up
some of the existing parking.
Hr. Oliver asked if the 2.!;, ft. would effect the over-all size of one
of the operating rooms .
Mr. Darley stated that it would, and that the size of operating rooms
is heavily regulated by the State Health Department. Basically, they
must be 20 ft . by 20 ft .
Hrs . Dunn, owner of the residence at 3430 So. Pennsylvania, stated
she and her husband had no objection to the proposed addition as
long as they do stay the exact number of ft. away from their property
that they say they are going to, and that their building does not go
into the dedicated City right of way .
Mrs . Dawson Motioned :
to grant a variance from the requ~red sideyard setback of 15 ft. to
12.45 ft. for the purpose of erecting a two-story medical building
addition . This is a variance of the Comprehensive Zoning Ordinance,
Section 22 .4-7 i. ,(2) (F).
Mr . Hallagin seconded the Motion .
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Upon a call of the roll, the f ollowing vote resulted :
AYES : Dawson, Brown , Leonard, Hallag i n , Seymour , Kreiling, Oliver .
NAYS : None .
Chairman Oliver declared the variance granted .
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BYRON MASSENGALE 4054 SO . GALAPAGO CASE NO . 14-78
REQUEST : The applicant is requesting a variance from the required
front yard setback of 25 ft . to 7ft . for the purpose of erecting
an attached garage and family room. This is a variance of the
Comprehensive Zoning Ordinance, Section 22 .4-4 h. (2) (a). Minimum front yard .
The subject parcel was part of original Englewood . The residence
was erected in 1975 . At present the existing front yard setback is
more than the required 25 ft . setback . The subje ct parcel is located
on a cul de sac with a substantial amount of the dedicat i on for the
t urning radius of the cul de sac taken off of this parcel . This
has substantially reduced the amount of land available to the n orth
of the house for any addition . However, the north \ of this lot i s
the only part of the parcelattually suited for an attached s t ruc t ure
t hat is functional t o the proposed use .
This is a single-family resident i al distr i ct .
Th e sub j ec t parcel i s z oned R-1-C .
Mr . Massengale , 4054 So. Galapago St., stated that h e wa n ted to
attach a garag e and family-room, to bring up his property to the
value of the other properties around his home . He stated that there
are 10 new houses built there in the sub-division and they all have
garages . When he had his house built, he d id not hav e the fun d s
to have a garage built. He felt that because of the way the cul de
sac cuts into his property there was no other way to build the
garage and family room without this variance .
Mr . Massengale also stated that the rea s on he di dn't want t o move
the garage fu r ther back on the prop e rty was b e cau se it would
come tooclose to the ditch and if h e puts a b asement under the
family room, there is a chance for seepage.
Mr. Leonard asked how soon he would start c onstruction.
Mr. Massengale said he hoped to start in the next three weeks.
After discussion of the Board, Mr. Leon ard Motion ed:
To grant a variance from the required front yard setback of 25 ft .
to 7 ft . for the purpose of erecting an attached garage and family
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room . This is a variance of the Comprehensive Zoning Ordinance ,
Section 22 .4-4 h . (2 ) (a). Hinimum front yard .
Hr . Brown seconded the Hotion .
Upon a call of roll , t he following vote resulted :
AYES : Dawson, Brown , Leonard, Hallagin, Seymour, Kreiling, Oliver .
NAYS : None.
Chariman Oliver declared th e v ariance granted .
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MR. DENNIS BUCKLES FOR
CHARLES SATTERBERG
4050 SO . DELAWARE CASE NO . 15-78
REQUEST : The app l icant is requesting to continue the use of the
exisiting premises as a duplex unit . This is a variance of the
Comprehensive Zoning Ordinance , Section 22 .4-4 b . Permitted Principal
Use s. The subjec t parcel is located at 4050 So . Delaware .
The s ubject parcel was par t o f original Englewood . There is no record
of when the re s iden c e was bui l t . The present owner , ~r. Satterber g ,
was gra n ted a v ariance i n June 1966 , (Case No . 60-66) to continue
the presen t u s e of t h e proper t y as a two-family dwelling with the
c ond it ion t ha t the v ar i ance terminates with the change of ownership
and t her ea ft e r t he p r oper ty shall comply with existing zoning regulations.
There are two o th e r non-con fo rming us e s i n that blo ck :
1 . 4000 So . Delaware - 2 dwe l ling un its-Card file states the r e wa s
a ZBA CASE on Harch 8, 1957. Th e variance was granted to t he
owner only.
2. 4080 So. Delaware -2 dwelling units -An up-to-date Non-c onforming
Use. No restrictions recorded .
This neighborhood is a mixture of the above non-confo rming uses and
single-family residential dwelling units.
The subject parcel is located in a R-1-C Zoning District.
~r . Charles Satterberg, 3450 So. Cherry, Denv er, own er of the du plex
at 4050 So. Delaware, stated tha t t h e resi dence was c on structed i n
1954 . The builder used the rear unit himself un ti l 1962 at which
time he bought the duplex from the builder. I n 1966 he received a
notice to cease using the duplex, Mr. Satterb erg stated that he
applied to the Board and was granted a variance to c ontinu e the us e
as long as it remained in his name . He stated t h at he had no tro uble
with the rentals over the years.
Mr. Satterberg stated that he had to sell the house because he had
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to relocate his mother closer to his own residence. She had been
living in the duplex unit for several years . So, he must sell this
unit to purchase another unit for his mother closer to his home .
Mr. Satterberg also stated that he had gotten written approval of
many of the owners in the block and had them submitted to the
record.
Mr. Buckles, broker for Mr. Satterberg, stated that the prospective
buyers of this property on contract are both quite elderly and do
not plan to use the unit as a rental duplex. The mother wants to live
in the up-stairs and the daughter will live in the basement unit.
The purpose of the variance would be to allow them to rent either the
up-stairs or basement in the event either of them become ill or
unable to care for themself that they move in together and rent out
the othe unit to help out with financial costs.
Mr. 0. Workman, 4040 So. Delaware, spoke in opposition to the
variance stating that since the duplex did not have any off-street
parking provided, that the residents of the duplex interferred with
his parking in front of his home.
Mr. Buckles, stated that there was room at the back alley, which is
presently being used as garden area to provide off-street parking
if the Board would feel it necessary .
Mr. Satterberg stated that at one time there had been off-street
parking in that area and later turned into garden area and that
he had no objections to making it off-street parking again.
Mrs . Shaffer of 3026 So . Sherman , the realtor for the prospective
owners stated that it was the intent of the new owners to put in
off-street parking. They have already had it measured to come into
the back yard area, so there would not be any parking problem.
The new owners, at present only have one car, as the mother is unable
to drive .
Mr . Pittman submitted the Housing Code Inspection report for the
duplex, listing several minor points which had to be brought up
to Code .
Af ter d i scussion b y the Board, r1 r . Seymour Motioned :
t o grant a variance to continue the use of the existing premises as a
duplex unit , which is a variance of the Comprehensive Zoning Ordinance,
Section 2 2 .4-4 b ., Permitted Principal Uses, with the following
conditions :
1 . That items #2 and #3 on the Housing Code Inspection Letter
be brought up to Code .
2. Of f -street parking for one vehicle be provided.
Mr . Hal l agin seconded the Motion .
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Upon a call of the roll, the following vote resulted :
AYES: Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver.
NAYS: None.
Chairman Oliver declared the variance granted.
LIFE-TIME FENCE CO. 2978 SO. ACOM~ CASE NO. 17-78
REQUEST: The applicant is requesting a variance form the required
opaque screening fence. This applicant is requesting to replace the
opaque fence requirement with a 6 ft . chain link fence with wooden
slats. This is a variance of the Comprehensive Zoning Ordinance,
Section 22.4-9 M. (l),b. Screening. The subject parcel is located
at 2978 So. Acoma.
The subject parcel was part of original Englewood. The subject
parcel is Zoned R-4 which allows off-street parking lots for vehicles.
To permit commercial parking in a residentially zoned district, it t
was felt that some type of screening was necessary when a lot abutted
residences . Therefore, at that time a screening fence ordinance was
adopted that required the owner to reduce the visual impact of the park-
ing lot for the adjoining residences . The opaque requirement was
simply screening out the sight of the vehicles in the parking lot .
The proposed fence will not accomplish this visual obstruct~on deemed
necessary to protect the existing residences in the neighborhood .
There are no other variances affecting this parcel.
This is a multi-family residentially zoned district which allows
multifamily, office, and commercial parking facilities for adjacent
business facilities . The present adjacent uses are primarily
single-family and two-family dwelling units. The property adjoins
a business district .
The property is in a R-4 Zone District.
Mr. Brillhart, representing Life-Time Fence Co. for Ralph Schamp
Olds ., stated that there is an existing fence on this subject
corner lot which his company repaired five times in the last year,
due to vandalism . The lot within the fence is used for storage
of trash as well as cars. vfuen the fence was broken, the trash
would litter the neighborhood. They decided that they needed to
build a new fence because the old fence was inadequate . He stated
that the building permit for the fence that they proposed to replace
the old fence with was denied because it did not meet the definition
of screening according to Code. The proposed fence would be chain-
link and 90% wood slats . They feel that they need the chain-link to
prevent the vandalism . Mr. Brillhart stated that he knew the Code
called for screening and he felt this proposed fence did that up to
90 %. He also stated that they had secured written approved of
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three of the adjacent surrounding neighbors which he had submitted
for the record . He further stated that because the lot was a corner
lot he felt it was subject to vandalism more so than normal .
He stated that Mr. Robert's, manager for Ralph Schomp Olds ., main
concern was for his neighbors to screen the view of the cars but
also something that will do the job without continual repair.
Mr. Brillhart said he had been the business for five years and had
installed many fences of this type and in many parts this type is
highly recommended above many others, because of the steel posts
and the durability and it is the heaviest and most expensive chain
link fence that is available. He then submitted a photograph of
the existing fence which is considered primarily a residential fence.
Hr. Oliver asked Mr. Pittman for an interperatation of Code concerning Screening.
Mr. Pittman stated that the Code considers this proposed fence as
chain-link and not a fully opaque screening fence. He stated that
there could still be a similar maintenance problem as the slats were to break .
Mr. Brown Motioned :
to grant a variance from the required opaque screening fence,
replacing it with a 6 ft. chain link fence with wooden slats. This
is a variance of Comprehensive Zoning Ordinance, Section 22.4-9 M. (1), b. Screening.
Mrs. Dawson seconded the Motion .
Upon a call of roll, the following vote resulted :
AYES : Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver .
NAYS : None.
Chairman Oliver declared the Variance Granted.
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l~RTIN MANUFACTURING CO. 3875 SO. INCA CASE NO. 18-78
REQUEST: The applicant is requesting a variance to allow the off-
street parking lot located at 3875 So. Inca, to be used for the storage
and or service of merchandise, specifically motor vehicles. This is a
variance of the Comprehensive Zoning Ordinance, Section 22.4-9 b. (8)
Permitted Principal Uses. The subject parcel is located at 3875 So.
Inca.
The subject parcel wRs part of original Englewood . The property
was re-zoned from R-1-C to R-4 in 1966, for the purpose of having
additional off-street parking for the "Bingo King" located at
3890 So. Jason St. The owner proposed to grade and surface the area
with a dust free material and surround it cyfencing. The area was
to be utilized for a private off-street parking lot for employees
of the owner and night parking for company owned vehicles.
The ultimate contemplation was to build an office building .
At the Planning and Zoning Commission meeting regarding to proposed
change in zoning, several neighbors questioned the possiblity of car
and truck storage and were assured by the staff and commission of
that time, that the subject parcel could not be used for the storage
of vehicles.
On February 16, 1978, Lyman Bittner, Code Enforcement Officer, issued
a correction notice informing the owner to remove all vehicles on
the property that were inoperable, that the premises could only be
used for off-street parking.
The intent of the ordinance was to provide parking for employees and
customers and not for a storage facility for inoperable vehicles of
an auto repair shop, who are now the present occupants .
This is a multi-family zoning district which allows multi-family,
office, and off-street parking facilities . The adjoining properties
are single family in use. There is industrial zoning adjoining the
rear of this parce.
This i s a R-4 z oning district .
Mr . Bob Har t in , owner of Martin Manufacturing Co ., 3890 So . Jason
St ., stated tha t they had received a summons that they were in
vio l ation of a City of Englewood Ordinance. He stated that they
have owned the property aproximately threeyears . Two years of the
t ime that he owned it was an auto restoring shop. Mr . Martin also
s tated that about eight months ago, heacquired a contractor's
license and building permit to erect the existing six ft . fence
a l l around the property . This was to prevent vandalism and prevent
t he unsigh t lyview from the back side of the building . Also to
prevent children from crossing through the property .
Mr. Martin stated that he was told that the violation was that
t he cars were inoperable or not licensed or stickered.
He stated that t hese cars are brought in from dealers , and they are
operable . The y are driven in and driven out . Host of the cars he
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stated are licensed and stickered. The others co1ne in from Dealers
and are on legal depot tags from point to point.
~r. Martin stated that if the variance was denied, they would have
to terminate the lease with the present tenant that they have in there.
He stated that if they cannot fulfill their part of the lease they
will have to pay off the lease, which is quite alot of money . He
thought there is about eleven months left of the lease.
Mr. Martin stated that he would be more that willing to put up a
six ft . fence in the front of the property as he had originally
planned but the Code reauirernent would only allow a 42", SO % open
fence, if the variance is granted.
Mr. Martin also had letters of approval from several surrounding
neighbors on the north and south side of the property in question
which he had submitted to the record.
Mr. Oliver asked if there were any inoperable cars on the lot at this time.
Mr. Martin stated "Yes there is". He stated that one car in particular
was the car from the T.V.series "Man from Uncle" which is in the
process of being repaired . They work on this car as they get some
spare time . This car in particular has been there for six to eight t months.
Hr . Kreiling asked if the north side is being used for parking at this time .
Mr. Martin stated that he believed he does put cars in there when
he is extra crowded.
Mr . Kreiling stated there are a couple of pieces of cars on the
back side but they aren't inoperable.
Hr. Martin stated that here again what happens is that he places
the repair part out in the parking area . He stated that he knew of
one pick-up bed which was stored there for two or three weeks.
Mr. r1artin mentioned the problem he had with people dumping trash
on that site and the difficulty he's had with monitering the area
to prevent the dumping .
Mr. Martin asked to clarify the term storage in that they were not
asking for any type of permanent storage. They are only asking for
storage until the tenant has time to do ~•hat is necessary on the
cars. He stated that there is no way he could turn the cars around
in one week, which would be impossible.
Mr. Claude Pheifer of 3880 So. Inca, spoke in opposition to the
variance, stating that the storage of the cars appeared unsightly
and also the number of cars for the business on the street take
up the parking in front of his horne. He also mentioned the trash
problem due to the wind from that lot blowing into his yard.
Mr . Pheifer also mentioned that there was drag racing up and down
the street but he did not know if they were cars from the shop
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or not. He stated that they work late into the night which disturbs
his rest . He also stated that the drag racing he felt created a
danger to the little children going to and from the school just one block away.
Mr. Pheifer further stated that he felt the storage of cars increased
the likelihood of vandalism for the neighborhood as well as just the cars in the lot.
Mr. Oliver asked Mr . Pheifer to clarify where his property is in
relation to the subject property.
Mr . Pheifer stated that his residence is on the East side of the street
of Inca and the subject property is directly across the street from him .
Mr. Pittman, Chief Building Inspector, presented the Department of
Community Development's recommendation to the Board . He stated
that this was the department that had been involved in the
re-zoning of this property in January 3, 1966. He stated that at that
time it was zoned R-1-C and it was requested to change it to a R-4
The reason for this was because the R-4 zoning was a buffer district
which allowed office uses, multi-family uses and auto parking facili-
ies or off-street parking for commercial purposes . He stated that
the primary concern was to provide off-street parking for the I-1 t
district, particularly the "Bingo King" which was located at 3190
So. Jason St . The original intent was to provide employee off-
street parking for the"Bingo King", and the original intent of the
R-4 zoning was to allow the property to be used as off-street parking,
so that the property at Jason could be used for storage .
He stated that the intent of the R-4 district is still applicable and
the use is still applicable in this particular case and off-street
parking can still be provided for the employees of that particular
building and businesses. The storage of the particular vehicles that
are being repaired can still be stored in the I-1 district on Jason
that has ground provided for that reason . He stated that he did not
feel the use of the I-1 zone was being restricted, but that the R-4
zone was being used for off-street parking .
Mr. Pittman stated that the Staff had some concerns that if the
variance i s granted that it would bas ical l y change the intended use
of t he R-4 buffer district, and in effect be allowing auto repair
facilities o r auto storage facilites in a residential district,
other than strictly for premises type vehicles that are properly
maintained and properly in use, and usually gone in the night time .
He stated th~ir concern as to the security problem ,if there was
storage ,with vandalism and burglary for the adjoining neighborhood .
Mr . Oliver asked Hr . Pittman if there is a fine line there between
the type of operation of Mr. Martin's where a car is brought in
whether it is licensed or stickered, whether he is parking a car or storing a car .
Mr . Pittman stated that there was. He stated that basically the
only determination the City has is that the car is licensed and
stickered or that it is totally inoperable or that it is in one
space or one place f or a particularly long period of time .
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Primarily, he stated that the criteria for storage is that the
vehicle is either inoperable or its not properly licensed and
registered. That is the only proof they have involving Code Enforce-
ment to judge whether it is off-street parking or storage . It really
does go back to the appearance of the car, in that inoperable cars
are unsightly and he thought that was the original intent of the
ordinance to prevent, because there is a :jne line between storage and off-street parking.
After discussion by the Board, Hr. Seymour Motioned :
To grant a varaince to allow the off-street parking lot located at
3875 So . Inca . to be used for the storage and or service of merch-
andise, specifically motor vehicles. This is a variance of the
Comprehensive Zoning Ordinance, Section 22.4-9 b .(8) Permitted Principal Uses.
Mrs. Dawson seconded the Motion.
Upon a call of roll, the following vote resulted :
AYES : None.
NAYS: Dawson, Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver.
COMMENTS :
Mr. Leonard stated that he did not feel that the variance request met
conditions # 1 # 2 and #6 required to grant a variance.
Mr. Kreiling stated that R-4 zoning does not include storage and
no hardship had been established.
~1r .Oliver stated that he believed that what has happened is a
natural thing. The sort of think that really must be watched
very carefully . It is so easy for somthing of a marginal use
like this to slip over into another type of use. The line is
rather small, but in this case it must not be allowed .
Chairman Oliver declared the variance denied .
Mr. Martin stated that he felt t ha t he was entirely within in all
legal rights as long as all the automobiles are operable . He
asked for clarification of the meaning of operable .
Mr . Pittman stated that the criteria of the City is that the cars must
be licensed and stickered and operable .
Mr . Martin asked for a copy of the ordinance which defines exactly
what he has to live with, as far as what is meant by licensed and st ickered .
Mr . Pittman a g reed to send him a copy of such ordinance .
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MR. R. GONZALES 2083 H. ADRIATIC PLACE CASE NO . 19-78
REQUEST : The applicant is requesting a variance to permit a 6 ft.
privacy fence to be located in the front yard setback along the front
property line . The fence along that property line would come no closer
that 47 ft. to the corner property line of Adriatic Pl. and So.
Vallejo, thus not obstructing traffic vision at that corner. This
is a variance of the Englewood Municipal Ordinance , Section 3-2-3 : (b),l. Fences .
The property was annexed into the City in 1957 . The house was built
in 1959 . On September 22, 1977, Mr. Gonzales made application for
a building permit for his fence. The permit was approved and issued.
On December 5, 1977, Code Enforcement Officer Sue Schneider received
a complaint regarding the location of the fence . Upon investigation,
she issued a stop work order . Upon her return to the building depart-
ment, she discovered Mr. Gonzales was issued a building permit. The
permit was issued, mistaking the front yard for the sideyard because
of the location of the garage and driveway. The improvement survey
that was attached with the plot plan clearly showed the correct yards and frontages.
This is a residential zoned district.
This is a R-2-C zoning district .
Hr. Rodolfo Gonzales, 2083 W. Adriatic Pl., stated that this was
somewhat after the fact. He stated that he had called the building
department and they had told him to come and get a permit, which
he did. He said he paid $12 .50 for the permit 413971 M, that v:as
to build a fence. He said he outlined the fence on the permit and
it was approved. He proceeded to build the fence. He was issued
a notice of violation on December 5, 1977 that he was in violation
of not having a permit . He stated that he came down to the building
department with a copy of his permit and receipt. lie stated that
he told them he had been told his permit was correct and he had
already gone to the expense of the lumber and labor to put the fence
up. He was then advised to file for a variance from the Board.
He stated that he had been told h e'd have to move some 50 ft . of
redwood and maple fence back about 30 ft. He felt the fence did
add to the decor of the neighborhood. He stated that he put the
fence up because his children and grandchildren play there and he
also wants to keep in his two dogs .
He stated that it would be a great expense on his part to remove the fence.
Mr. Oliver asked if he had completed the fence construction .
Mr. Gonzales stated it had been completed about a month after he got the permit .
Mr . Seymour asked how far back the fence had to be to be legal .
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Mr. Pittman stated that it would have to go back to the side of the house.
Hr . Seymour stated that would be about 25.4 ft .
Mr. Pittman stated that it could be no higher than 36inches in its present location.
Mr. Kreiling asked where the front of the house was .
Mr. Gonzales stated that it was on W. Adriatic Pl .
He further stated t ha t his garage entrance is on Val lejo S t.
Mr . Oliver asked if Mr . Pittman had thought the front of the house was on Vallejo .
Mr . Pittman stated that that was the impression he had gotten . He
stated that he did not look at the improvement survey which was attached to the permit .
Mr . Rodger Birch, 2063 W. Adriatic , spoke in opposition of the
variance stating that he had never been contacted or asked about
having a high 6 ft . fence put up near his property. He first
noticed the fence when he came horne one week-end . He stated that
he immediately call Cit y Hall the fo llowing Monday and spoke to
Sue Schneider. She informed him of what had happened .
He stated that his only objection he has to the fence is that it
is out in front of his place, which sets back approximately 20 ft .
on his lot, and it blocks his whole view of that direction . He
also stated that he can't see his three year old daughter when she
goe s up the sidewalk past the fe nce . He stated that he would have
been satisfied if he would have moved his fence back just between
the houses. But out in the front like it is, is an inconvience to him.
Mr . Birch also submitted a letter from another family who had been
there earlier that evening but had to leave due to the late time .
The letter of opposition from Mr. Richard Revitt of 2061 W. Adriatic
Pl., stated that it was built without prior approval of the conn ecting
property owners and that it obstructed the view of the sidewalk in
front of the fence where t h eir children sometimes play .
Mr. Leonard asked Hr. Birch about the wire fence that is up between
the properties now .
Mr. Birch statedthat he belie~ed that it belonged to him .
Mr . Gonzales stated that he didn't agree with the obstruction of
view that the neighbors claimed .
Mr . Gonzales stated that he felt that this placed a great burden
on him, since it was not his mistake. He had no intention of
creating any harm or disatisfaction for anyone. He also stated t ha t
it was an unfortunate situation but he did not feel he had to pay
for it. He stated that he followed the law and went through with
it .Now it is up to the judiciary to legitemize it, he stated.
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Mr. Hallagin asked Mr . Gonzales if he would be willing to move his
fence back even with h is house.
Mr. Gonzales stated that he would if someone else would do it.
He originally had eight people install the fence . Now there is
cement posts down 4 ft . deep . It would mean tearing up some 80 ft .
of fence and 12 or 13 cemented po s ts .
Mx . Gonzales stated t hat he would g o to any expense to protect his rights .
Mr . Kreiling asked Leo Clark how t h e City was fixed for funds.
Mr. Clark stated t hat he didn't know . He also stated that the
City is involved due to an ov er-sig ht and that the Board should
determine what the City 's position would be . He sugg ested that
the Board s h o uld t able the matter until they can determine to
what ex t ent t he City wants to become involved in the issue.
Mr. Oliver asked ~tt . Clark's opinion on t he stance the City takes
on the building p e rmit when it states that when a building permit
is issued that the constructor using the permit must abide by all
the rules and regula t ions of construction , that the permit does not
necessary grant him the license to violate the Code. Further, he
asked if a building permit, per say , any different than a fence p ermit
that was used by Hr . Gon z ales .
Mr. Clark s t ated t ha t i f an independant contractor is involved ,
there would be t he q uestion ofwhether the contractor is liable or
is Mr. Gon z ales .
Mr . Kreiling Ho t ione d :
to table Case 19-7 8 p ending a r es olution of the obligations o f the
Ci t y reg ard i ng c o rrecti on of t heir error .
Mr. Br own Secon d ed the Motion .
Upon a call of roll , the following vote resu l te d :
AYES :
NAYS :
Dayson, Brown , Leonard, Hallagin,Kreiling, Oliver.
~.)ldu\J
Chairman Oliver declared the case tabled u n til t he n e x t mee tin g
on May 10, 1978 .
Mr. Clark stated that at t ha t time he woul d t hen have s ome re c ommenda -
tion as t o the City's pos i t i o n .
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Mr . Brown motioned that the minut e s from the March 8 , 1978 meeting be approved.
Mr . Leonard seconded the Mo t ion .
Upon a call of roll, a unanimou s vote resulted .
With there being no further business before the Board , Ch a riman Oliver
declared the meeting adjourned a t 1 2:50 P .M.
Recording Secretary
Valerie Christy
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CITY OF ENGLE\-JOOD, COLORADO
BOARD OF ADJ US TMENT AND APPEALS
MINUTES -APRIL 12, 1978
CAPITAL ALLIANCE COMPANY 701 1-J. HAMPDEN AVE . CASE NO. 16-78
REQUEST : Applicant is requesting to appeal the denial of a building
permit to install temporary shoring pending repairs at the Cinderella
City Shopping Center parking deck .
On February 14, 19 78, Capital Alliance made application to the
Building Department to install temporary shoring underneath the
Cinderella City Shopping Cen ter parking structure. The purpose of
the shoring was to provide temporary support to the parking structure
where some structural repairs are necessary . Capit al Alliance
submitted a plot plan showing proposed shoring locat ions and the
design of the shoring columns. The following week was spent re-
viewing the application with other departments as to pertinent
information, both past and presen t, they could contribute regarding
problems, danger and necessity of t he temporary shoring.
Since the erection of the structure ther e have been several on-going
engineering studies of the parking structure and its problems and
what has transpired is that two engineering firms arrived at two very
different conclusions and recommendations to the structural problems
of the parking structure.
The K.K.B.N.A. report required a constant monitoring of the parking
deck with recommended corrective action as the situations arose .
The K.K .B.N.A . report also states there is no immediate danger of
failure of the parking structure as long as repairs are being made
and no substantial time period is involved in the correction process .
Those corrections are at present being completed by Olson Construction
who was issued a permit March 2, 1978 and March 31, 1978, for the
repairs. The K.K.B .N.A. report and corrective recommendat ions were
used on the previous repair p rograms on the parking structure.
The second engineering repor t was made by Zeiler-Pennock states that
serious structural problems do exist, the past method of repair has
failed, problems are becoming worse,high maintenace cost and structural
failure must be averted . Their solution is to place an exposed postensior
system of cables below the slab to provide additional supporting capa-
bility to the system .
After receivingconflicting engineering repor ts on the structure ,
Mr. Kells Waggoner, Director of Public Works contracted a third
consulting firm, Lonco, Inc., to review the two other reports .
Lonco, Inc., in brief, agreed with K.K .B .N.A . in its findings
and supported their recommendations.
After Staff review of these reports, the Building Department informed
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Capital Alliance of our op~n~on. Attached is a letter from this office to Capital Alliance.
STAFF OPINION: After again reviewing the engineering reports submitted
to the City and because of the at-present on-going repairs to the
structure, it is the position of the City Staff that the temporary shoring is unnecessary.
Mr. Berardini, Attorney for the City of Englewood, asked the
Board to advance Case 16-78 that evening for the purpose of
hearing a motion for dismissal. He further stated that he was
representing the City. He stated that the City did not feel that the
Board had jurisdiction to hear the case. He therefore asked the
Board to consider hearing arguments addressing the question of jurisdiction.
Chairman Oliver stated that he felt the Board would be willing
to hear his reasons for dismissal and then hear Mr . Gentry's
side of whether they should hear the case. He further stated
that if the Board did decide to hear the case, they would prefer to hear the case in its regular order.
Mr. Gentry, Attorney for Capital Alliance Company, stated that he would agree to follow that procedure.
Mr. Berardini stated that Capital Alliance Company had made application
for a building permit to install approximately 600 wooden shorings
beneath the deck of the Cinderella City Shopping Center . He
reminded the Board of the controversy over the engineering and
maintenance of the parking deck being an area of dissension over the years.
Mr. Berardini stated that he felt that the controversy centered
around the authority of the Board to force the issuance of building
permits to someone, who is neither the owner or tenant, against the
wishes of the owner, City of Englewood, and the tenant, New Englewood
Limited. He stated that the City of Englewood, as owner, has the
right to make the determination from the many engineering reports
as to the necessary repairs that need to be made involving the deck.
He further stated that this was a matter that did not deal ~·Tith
a zoning variance or special use permit or exception. He said that
it is a request of a landlord who is admittedly in a controversy
between a co-tenant and his lessee. This controversy having
resulted in arbitration proceedi n g in New York City, the law suit
being between Capital Alliance and New Englewood Limited.
He further stated that the City of Englewood had been drawn into the controversy rather unfairly.
Mr. Berardini stated that the City had made its determination that
the current repairs and those that had been done over the number
of years have been sufficent and adequate and that no emergency
or danger exists to the public. !le furt her stated that Capital
Alliance has every right to draw the City into a law suit to contest
the City's jurisdiction of what is being done on City property.
Mr. Berardini stated that Capital Alliance had no standing before
the Board because they were not the true party of interest.
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He further stated that he did not feel the Board could adequately
hear the case in one night nor even five e venings due to its
complicated matter. He said there were four engineering firms
involved and seven reports covering a period of an excess of fiv e
years, creating an overwhelming amountof testimony evidence that would have to be heard.
Mr. Berardini then asked for the Boards determination of whether
they had jurisdiction to hear the Case. He also asked that if the
Board did decide it had jurisdiction to hear the case, that they
set the matter for a full hearing on another agenda when there wou~d be more time.
Chairman Oliver then asked Mr. Gentry to present his arguments against the dismissal.
Mr. Gentry, Attorney for Capital Alliance, stated that he felt there
was a problem of need. He said that the City of Englewood did not
feel what they propose is necessary and that would probably be what
the hearin g would be about. He stated that Capital Alliance was
here because of a concern over the public safety.
Mr. Gentry stated that this hearing had been on the docket since
early March . Further, that he had informed the City Attorney's
office on March 9, 1978, of the appeal of the building permit
denial. He stated that despite the laspe of time, he was not
notified of the City's position that they didn't think Capital
Alliance had any jurisdiction until the day before the hearing.
He stated that by then it was too late to cancel the witnesses that
he had schedualed to come for the hearing from New York. He stated
that they were here and prepared for the hearing.
Mr. Gentry then referred the Board to their copies of the Deed and
Agreement. He pointed out a phrase on page two, number two, section
C, which he felt best summ rized the affect of the Deed. He stated
that it named both Capital Alliance Company and New Englewood
Limited as the Grantors of the Deed and th&they shall both make
repair and keep the deck in good condition. He further stated that
the City takes subject to that condition. Mr . Gentry stated that
Capital Alliance was not denying the City's ownership interest, but
simply saying that t he ownership interest is limited by Capital
Alliances right,obligation and duty under this Deed to continue the repairs that are necessary .
Mr. Gentry asked to enter the Lease Agreement between Capital Alliance
Company and Englewood Limited as an exhibit.
Mr. Berardini stated that they were getting into evidentiary matters
and not restricting their comments to the argument of standinB or dismissal .
Chairman Oliver asked Mr. Gentry if Capital Alliance's position of
whether they have standing bears on their responsibili~ to maintain
the structure and if so, is it not amply demonstrated in the Deed and Agreement.
Mr . Gentry agreed that it was .
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Chairman Oliver then asked to restrict the evidence in that they had not had a chance to examine it.
Mr. Gentry then stated that he ·": uld show the Board the flow of
responsiblity so that there was no confussion as to wh y they were
before the Board. He stated that New Englewood Limited , under the
Lease, has the primary obligation to do the repairs . He further
stated that under the Deed and Agreement it grants both to Capital
Alliance and New Englewood Limited the responsibilfryand that
the City of Englewood comes in under the lease and excepts that
primary responsibility. He stated that it further states in the
lease that if they fail to make the repairs that Capital Alliance
has the right to make the repairs to their standards . He said
that Capital Alliance is in the same position as New Englewood
Limited is ,and that they have the same interests and same rights.
He also stated that it was not a matter for the City to decide which company has the primary responsibility.
Mr. Gentry stated that the City of Englewood had taken a very
inconsistant position in telling the Board that only the City
has the right to ask for a building permit for the parking structure .
He then mentioned a letter from th e City of Englewood addressed
to both Capital Alliance Co . and New Englewood Limited to continue
in good faith and good diligence, as landlords under the Deed and
Agreemen t, to repair the deck. The letter was sent on November
19, 1977. He further stated that since Capital Alliance Co.
has applied for a permi t, building permits have been issued to
New Englewood Limited for repairs, showing New Englewood on the
permits as owner. He stated that these permits were approved and
work is being performed by New Englewood Limited. Mr. Gentry stated
that if New Englewood Limited has the right to make repairs, that
Capita l Alliance also has the identical right to make repairs.
He further stated that Capital Alliance was here because it was
their contemplation that the repairs that have been made in the
past are not adequate to protect the public from a possible danger at the structure .
Mr. Gentry then asked to submit the letter he had referred to and also again asked to submit the Lease.
Mr. Berardini stated that he had no objection to him submitting them.
Chairman Oliver accepted the Lease and letter as part of this portion of the motion for dismissal .
Mr . Gentry stated that besides the recent permits that have subsequently
been issued to Capital Alliances denial, there has been a history of
permits to New Englewood Limited for repairs, which seems inconsistant
on the City's part,that they they are taking the position that the
Grantor in the Lease is New Englewood Limited and not Capital Alliance Co.
Mr . Gentry then stated that what ever decision the Board made that
they would like the opportunity to contest that decision on record.
Mr . Berardini asked to make a rebuttal to Mr . Gentry's statements .
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He s tat ed t hat Mr. Ge nt r y h a d said t h at t he Ci ty had been i n c onsistant .
Mr . Berardini stated t h at the Ci t y had not been inc onsistan t, t hat
they had issued permits to c on t ractor s who had b e e n consist en t in
an approved system of main t enance and engineer i n g r ep or t s by the
City . The Cit y is rejecting Capi t al Alliance Compan y's a pp lication
which is totally inconsistan t with the adopted scheme o f rep airs
to the deck by the City .
Chairman Oliver then closed that portion of the hearing for dismissal
and opened it up to discussion and questions b y t he Board .
In discussion , Hr . Le onard stated that if the City owns the property ,
then the Board h as no jurisdiction to issue a varian ce .
Mr. Kreiling re f erred to a letter dating to October of 1976 , stating
that there seemed to be an entanglemen t that had been going on for
some time. He stated that he did not feel that i t would be fair
to the others on the agenda to make them wait t hroug h a lengthy
hearing .
Chairman Oliver stated that he felt there was much involved and that
the Board should j ust look at the reques t for the variance simply
as it is and wh e ther or not the Board wants to deny the permit .
He said that i t seemed to him that C .A.C. h a d c on t rac ted to .do
maintenance and t hat took a permi t, and tha t it too k a permit
to complete their agreement .
Mr . Kreiling suggested that t he ma tter be tab l ed until its regular
order on the agenda and then ma k e a dec i sion whether they are
going to dismiss i t tonight .
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Chairman Oliver stated t hat he f e lt that t h ey had that opportunity
to do t hat n ow if they so d e cided. He s t ated that they had three
courses of act ion, those be i n g : (1) t o accep t the request for dismissal,
(2 ) agree t o hear t he case , o r (3 ) t o give a continuance .
Mr. Br own stat ed t ha t he f e lt the Board could no t deny Capital Alliance
a v ar ian ce withou t h earin g their case. He al so stated t h at h e fe lt
t h e Bo ard had the a u thor i ty to decid e whe t her they s h o u l d be
listening to the case as a Commission . He f ur t h er stated that fr om
what he had heard tonight that the Board di d no t have the justification
to be hearing the Case at this time because he did not feel that
it concerned a decision from that Board.
Mr. Seymour asked Mr. Brown what course of action he thought
they had other than to come before the Board of Adjustment and
Appeals since they had been denied a build i n g permit .
Mr. Brown said he felt the Board s h oul d d ismi ss it and let the lawyer s
and courts decide what should be done. He further stated t h at h e
did not feel the case cou ld adequ ately be heard i n one nigh t .
Mr . Brown then Motioned to dismiss t h e case because of lack of
enough facts from either side to determine whether the Board
had jurisdiction to hear the Case, or the time to hear the facts .
Mr . Leonard seconded the Motion, stating that he felt the Board
did not have jurisdiction if it was on City property .
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Upon a call of the roll, the following vote resulted :
AYES : Dawson, Brown, Leonard, Hallagin .
NAYS : Seymour, Kreiling, Oliver .
Chairman Oliver asked for a ruling on the vote required for a Motion
of Dismissal from the Assistant City Attorney, Leo Clark .
Mr. Clark stated that a majority vote would be sufficient. Further,
he stated that a three-fourths affirmative vote,as required for a
variance, was not necessary for a dismissal .
Chairman Oliver then declared the Motion for dismissal granted.
Mr. Berardini asked for a clarification of the Motion to determine
if the Board had determined if it had jurisdiction or not .
Chairman Oliver stated that the Motion read that there was insufficient
evidence before the Board to decide if they had jurisdiction and
that there was insufficent time for the Board to receive sufficient
evidence at that time.
Mr. Gentry asked for a copy of the Board's Procedural Rules to
know what his next step would be for reconsideration of this
matter, so that he did not miss any time restrictions.
Chairman Oliver directed Mr . Gentry to secure the proper procedural
rules from another source such as the Building Department as they
did not have those before them at that time .
Recording Secretary
Valerie Christy
(6)
•
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PRESENT:
ABSENT:
•
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MINUTES
BOARD OF CAREER SERVICE COMMISSIONERS
APRIL 20 , 1978
Judith Henning , Jo Ellen Turner , Robert
Brundage , Wil l iam Hanson , Edward White .
None .
OTHERS PRESENT : Mel BeVirt, Carolyne Boettger , Hugh Brown ,
Jim Curnes, Frank Dobbins , Betty Goosman ,
Bill James , Malcolm Murray , Judge Louis
Parkinson , Al Rhoades , George Robbins , Eden Webster , Norman Wood .
**********
Commissioner Henning called the meeting to order and asked the
Board if there were any additions or corrections to the March
16 , 1978 minutes . Commissioner Hanson moved and Commissioner
White seconded that the minutes of the March 16, 1978 meeting be approved as distributed.
AYES : Henning, Turner, Brundage, Hanson ,
White .
NAYS: None.
**********
Commissioner Henning asked that if there were no objections
that the findings of the Francella Montoya appeal be inserted
into the record before proceeding to Item 3 on the agenda.
There being no objections, Commissioner Henning requested that
it be entered into the record that the Board did make an award
in the case between Francella Montoya and the City of Englewood.
Commissioner Henning further stated that the award sustained
Ms. Montoya's grievance and that the findings stated that the
Board would have no difficulty in reinstating the grievant to
her prior position of employment . However, since the grievant
testified that she did not desire reinstatement, the Board's
remedy would be limited to a back pay award. Commissioner Hen-
ning stated that the Board orders that the grievant be paid I •
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Board of Career Service Commissioners Minutes
Page Two
back pay for the loss of wages incurred as a result of the
wrongful discharge. From the back pay amount, all interim
earnings and Unemployment Compensation paid to the grievant
should be subtracted. Commissioner Henning stated that it was
further awarded that all reference to her discharge including
comments or innuendos about her alleged misconduct be forth-
with removed from her personnel file . The back pay award runs to February 2, 1978.
Commissioner Henning then asked if there was any discussion or
comment by the Commissioners. Commissioner Brundage had a
question regarding the method of repayment of the Unemployment
Compensation. Mel BeVirt stated that legally the City was bound
by law to pay Ms. Montoya who was then required to repay the
unemployment office the amount which she received during the interim.
**********
The next item on the agenda was a discussion of the reclassi-
fication of the employees in the Municipal Court. Mel BeVirt
stated that in the Monday, April 17, 1978 meeting of the City
Council that three additional people for Municipal Court had
been approved and were appropriated for those three positions.
The Employee Relations department requested that the Board pro-
ceed with classifying those positions. Mr. BeVirt further stated
that it was his understanding that one of the positions was
administrative and that the other two were clerical in nature.
Commissioner Henning asked if City Council had informed the
Employee Relations department as to which classification sys -
tem was to be used. Mr. BeVirt stated. that Council had not,
but that it was his recommendat ion that both the present system
and the Benchmark system be used . The present system would be
used with the Benchmark system used to doublecheck the present
system. Commissioner Brundage asked Mr. BeVirt what would hap-
pen if the two systems resulted in two different classifications
for the same position. Mr. BeVirt stated that at that point
it would be necessary to decide which procedure would be used.
If t he Benchmark system differed greatly, they would then know
what was to be encountered in several months when reclassifica-tion was to take place.
Commissioner Henning asked Judge Parkinson if the procedure
was agreeable to him. Judge Parkinson stated that the pro-
cedure was agreeable to him and that he and Mr. BeVirt had
met and in evaluating the positions had had some idea where
they had felt the positions ought to fall. This wa s done I • •
t f
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Board of Career Service Commissioners Minutes
Page Three
through the present classification system and through the
Benchmark system . Judge Parkinson stated that hopefully the
Municipal Court would be in operation with the additional em-
ployees by June lst . The reason for the June lst date was
that certain duties that were previously handled by the Finance
department such as the administering of the violations bureau
and the parking tickets were now to fall under Municipal Court
in accordance with a previous resolution passed by Council ,
Commisisoner Henning stated that her concern was that in bring-
ing three new people into the Municipal Court that they be made
aware that the City is going through a reclassification process
which could affect their positions. Commissioner Henning further
stated that if both systems could be used so that those people
could have an idea as to how the reclassification was going to
work that that fore-knowledge could avert some future problems.
Judge Parkinson stated that as he understood what was being said
was that until a full evaluation of the Benchmark system was com-
pleted that the employees would not know where their positions
would fall. He further stated that that unknown existed for every employee in the City.
Commissioner Henning stated that at least they would have some
idea as to the outcome if both systems were used at this point
in evaluating the classification. Commissioner Brundage stated
that he thought that the present system had to be used in hiring
and in establishing the eligibility list. Commissioner Henning concurred .
Commissioner White moved and Commission er Hanson seconded that
the three newly authorized employees of the Municipal Court be
claissified according to the present system but also have a rating
given to them at the same time under the Benchmark system for
the use and knowledge of the applicants.
AYES : Henning , Turner, Brundage, Hanson,
White.
NAYS: None.
Commissioner Henning asked if there was any further discussion
with regard to Municipal Court . Commissioner Brundage asked if
the current employees would have to take the tests for the eligi-
bility lists. Judge Parkinson stated that it was his suggestion
that the new position of Court Administrator be open to competi-
tive examination and be rated at a Grade 7. The position was
previously administered by the Revenue Chief in the Finance de-
partment who is a Grade 9. Commissioner Brundage asked Judge I • •
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Board of Career Service Commissioners Minutes
Page Four
Parkinson if he did have employees that could fill the position
of Court Administrator. Judge Parkinson stated that he antici-
pated one if not more of his current employees would apply for
that position. Mel BeVirt stated that that would not be deter-
mined officially until the position and the qualifications had
been established. If the minimum qualifications allowed cur-
rent employees to compete for the position, then they would be encouraged and eligible to do so.
Judge Parkinson then stated that the Grade 5 position was in
many respects about the same level as the present Court Clerk.
Judge Parkinson further suggested that that position under the
supervison of the Court Administrator remain at a Grade 5.
Two positions would bear the title of Deputy Court Clerk and
Judge Parkinson recommended that these be upgraded to a Grade 3 .
Commissioner Henning asked Mel BeVirt what type of formal pro-
cedure must be f ollowed to upgrade a position. Mr. BeVirt stated
that as the Board was aware, the procedure for recla ssification
was under way with regard to the entire organization including
Municipal Court which would be done through the Benchmark sys-
tem. He further stated that what the Judge had recommended as
far as the upgrading of the positions would be taken into con-
sideration along with the other employees in the City. Those
of immediate concern were the three new positions which had been authorized.
Commissioner Henning asked Judge Parkins on if this procedure
would take care of his immediate pro blems. Judge Parkinson
added that the creation of those positions were replacing
some existing positions so that if an existing position were re-
placed with some of the present duties, it seemed more expeditious just to reclassify.
Commissioner Henning stated that the Board was torn over that
issue, but that it appeared to the Board that it would be both
easier and more just to reclassify those positions when the
total reclassification takes place in order to avoid taking one
department and giving it special treatment in advance of the
others. Commissioner Henning stated that if they were given a
three or four month period that she felt that the entire re-
classification could be handled fairly well. Judge Parkinson
stated that he was concerned that that would not leave him with
sufficient employees prior to the entire Benchmark process. Com-
missioner Henning stated that Municipal Court would have the
three new employees classified at a level according to the present
system and the previously authorized employees but that they
would still be at the authorized positions which they are now .
•
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Board of Career Service Commis sio n e rs Minutes
Page Five
Carolyne Bo ettger stated that the problem was that the Deputy's
duties were far i n e xcess of what the two entry level positions
wo uld be which d id n o t s eem fair when one considered both the
duties a n d t he amount of knowledge required of the deputies .
Mrs. Boettger f urther stated that Sandy Nelson who acts in the
capacity of a deputy court clerk would be at the same level as
the two new entry level employees even thoug h their responsibili -
ties di ffered greatly. Mrs . Boettger sug gested that Sandy Nel -
son's position be upgraded to a Grade Two under the present sys-
tem until the Benchmark system could be imp lemented.
Mel BeVirt stated that he could appreciat e the situation in Muni-
cipal Court , however, in order to b e f air t o a l l employees that he
felt it was best to wa it until the ent i re r ec lassification to o k
place . Commissioner Henning stated that s h e did not think that
the time sequence would be that far apart. Mr. BeVirt further
pointed out that if the Court Adminis t rator position were filled
by a current employee that the vacanc y cre ated by that employee
moving up could be filled by another empl oy ee within Municipal
Court. Commissioner Henning added t ha t un l ess there were an ex-
treme probl e m, t he Board would prefe r t o wait until June or July
to see where the Benchmark reclassifi c a t i o n stood. At that time,
if there were s till a problem, Commi ssion e r Henning felt that it
would have to be handled as a r e classifi c ation u nder t h e pre s e nt s y stem.
J u dg e Parkins o n stated that i f the pos i tions we re fi lled i n June
and the r e classifbat ion took p l ace some t ime in July t hat perhaps
it wo uld n~b e t oo mu ch o f a pro b l e m. He fu r ther stated t ha t if,
h owe ver, t h e recla s sification took 6 months to a year , t h at it
could poss ib ly affect the operation of the Court by creating a
morale prob l e m and hindering the structuring of the duties . Judge
Parkinson stated that he had thought that the deputy court clerk
position could be recla s sified under the present system and then
still go through the reclassification under Benchmark. Commissioner
Henning asked if this could be done . Mr . BeVirt stated that that
could be studied along with the other three positions. Commissioner
Henning recommended that this study be done . Commissioner Henning
asked if this was agreeable to the Board . The Board concurred .
**********
The next item on the agenda was the Employee Associations '
Choice. Frank Dobbins introduced the new officers for the
Englewood Employee Association : President , Al Rhoades ; Vice
President , Betty Goosman ; Secretary , Eden Webster; and Carolyne
Boettger who was elected to the Board of Council. The Officers
would be installed and take over their duties on Wednesday,
April 26, 1978 . The Board welcomed the new officers .
**********
I • •
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Board of Career Service Commissioners
Minutes
Page Six
The next item on the agenda was the City Manager's Choice.
Jim Curnes had nothing to report.
**********
The next item on the agenda was the Employee Relations Director's
Choice. Mel BeVirt requested that the minutes of the February
16, 1978 meeting be changed to reflect that Malcolm Murray's
merit increase was denied based upon less than above average
performance rather than what is presently in the record which
reads less than satisfactory job performance. Mr. BeVirt further
stated that this change would more accurately reflect the intent
in denying Mr. Murray's increase. Commissioner Brundage asked
if less than above average meant average perfomance. Mr. BeVirt
stated that that was correct and that performance must be above
average to get a merit increase. Mr. BeVirt stated that the Code
provision stated ·~ess than satisfactory" which did not accurately
reflect the evaluation system. Commissioner White asked what the
average score was. Mr. BeVirt responded that the average was 80
points but that the evaluation total points was above 100.
Co mmissioner Brundage moved and Commissioner Turner seconded that
the minutes of the February 16, 1978 meeting be amended to reflect
that Malcolm Murray 's merit increase was denied "based upon less
than above average job performance" rather than "less than satis-
factory job performance."
AYES: Henning, Turner, Brundage, Hanson,
White.
NAYS: None ,
**********
The next item on the agenda was the Commissioners ' Choice.
The Commissioners had nothing to report .
**********
The next item on the agenda was the approval of the eligibility
lists. Commissioner White moved and Commissioner Hanson seconded
that the eligibility list for Civil Engineer (Engineering) be
approved as read.
AYES: Henning , Turner, Brundage, Hanson,
White.
NAYS: None.
Commissioner Turner moved and Commissioner Hanson seconded that
the eligibility list for Mechanic's Helper (Public Works) be ap-
proved as read .
•
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Board of Career Service Commissioners
Minutes
Page Seven
AYES: Henning, Turner, Brundage, Hanson,
White.
NAYS: None.
Commissioner Hanson moved and Commissioner Brundage seconded that
the eligibility list for Recreation Leader (Parks and Recreation)
be approved as read.
AYES: Hennin g , Turner, Brundage , Hanson,
White.
NAYS: None .
••••••••••
The next item on the agenda was the Declaration of Vacancies. Mel
BeVirt requested that two Intermediate Clerk Typists in Municipal
Court be included in the Declaration of Vacancies. Jim Curnes re-
quested that the vacancy of Court Administrator not be declared
until the Board had approved the job description since it was a
newly created position. Mr. BeVirt stated that Mr . Curnes may
be correct in that declaring a vacanc y before the position had
officially been established was premature. Commissioner Turner
moved and Commissioner Brundage seconded that the Declaration of
Vacancies be approved with the deleti on of the Court Administrator
(Municipal Court) and the addition of Intermediate Clerk Typist (2)
(Municipal Court).
AYES: He nning , Turner, Brundage, Hanson,
White.
NAYS: None .
••••••••••
The next item on the agenda was the approval of the Personnel
Actions . Commissioner Henning had a question on the anniversary
increase denied. Mr. BeVirt stated that the information which he
had regarding the extension of the probationary period of Susan
Hansen and the anniversary increase denied for David Brunton was
based upon the recommendations of the two department heads which
reflected less than above average job performance. Commissioner
Hanson moved and Commissioner White seconded that the list of
personnel actions be approved .
AYES: Henning , Turner, Brundage, Hanson,
White.
NAYS: None.
••••••••••
Commissioner Henning called for a motion to adjourn. Commissioner
Hanson moved and Commissioner White seconded that the meeting be
adjourned .
•
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Board of Career Service Commissioners
Minutes
Page Eight
AYES: Henning, Turner, Brundage, Hanson,
White.
NAYS: None.
NEW PROBATIONARY EMPLOYEES:
Glass, Georgianne
McCurdy, James
Mandarich, Gary
Meshefski, James R.
RESIGNATIONS:
DuField, Joyce
Gregory, Carol
Recreation Leader
4-A, Effective 4/16/78
Firefighter 4th Class
Effective 4/19/78
Civil Engineer
10-B, Effective 5/8/78
Mechanic's Helper
3-A, Effective 4/27/78
Jr. Account Clerk
1-B, Effective 4/14/78
Lab Technician
6-A, Effective 4/16/78
PROBATIONARY TO PERMANENT STATUS WITH INCREASE:
Austin, Mike Maintenanceworker
2-A to 2-B, Effective
Baker, Carol L. Law Enforcement Aide
3-A to 3-B, Effective
Burkett, Lawrence Plant Operator
6-A to 6-B, Effective
Cooper, Dennis Equipment Operator I
4-B to 4-C, Effective
6
4/16/78
4/1/78
4/16/78
4/16/78
Davis, Bruce H. Emergency Communicator
4-A to 4-B, Effective 4/16/78
Ito, Gary Apprentice Operator
5-A to 5-B, Effective 4/16/78
Medrano, Patrick Apprentice Operator
5-A to 5-B, Effective 4/16/78
•
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Board of Career Service Commissioners
Minutes
Page Nine
PROBATIONARY TO PERMANENT WITH INCREASE: (Continued)
Paine, Steven
Sanders, Jean
Smith, Roy E.
Tune, John
Maintenanceworker
2-A to 2-B, Effective 4/16/78
Intermediate Clerk Typist
1-A to 1 -B, Effective 4/1/78
Maintenanceworker
2-A to 2-B, Effective 4/1/78
Leadworker
5-A to 5-B , Effective 4/16/78
EXTENSION OF PROBATIONARY STATUS FOR ADDITIONAL 90 DAYS:
Hansen, Su san D.
ANNIVERSARY INCREASES:
Boettger, Carolyne
Cuthriell, Linda
Quinn, Dennis
Smith, Bruce
ANNIVERSARY INCREASES DENIED:
Brunton , David
PROMOTIONS:
Heelis, Christopher
VOLUNTARY DEMOTIONS:
Whigham, Wesley
APPROVAL OF ELIGIBILITY LISTS :
Law Enforcement Aide
3-A to 3-B , Effective 4/1/78
Clerk-Steno
2-D to 2-E , Effective 4/1/78
PBX -Re ceptionist
1-C to 1-D, Effective 4/1/78
Police Officer 3rd Class to Po J
Officer 2nd Class, Effective 4t
Police Officer 3rd Class to Po J
Officer 2nd Class, Effective 4/
Assistant to Library Director
lO~C , Effective 4/1/78
Equipment Operator ! to Computt
Programmer, 4-C to 7-A, Effect :
3/7/78
Mechanic's Helper to Maintenan·
worker, 3E to 2E, Effective3/t:
1. Civil Engineer (Engineering)
2. Mechanic's Helper (Public WOrks)
3. Recreation Leader (Parks and Recreation}
I • •
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Board of Career Service Commissioners Minutes ·
Page Ten
DECLARATION OF VACANCIES:
1.
2.
3.
4.
Approved,
Assistant Director (Community Dev~lopment -Housing)
Intermediate Clerk Typist (2)(Municipal Court) Jr. Account Clerk (Finance)
Mechanic's Helper (Public Works)
Respectfully Submitted,
Judith B. Henning, Chairman
•
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Portion of Year to Date 33%
DEPARTMENT OF FINANCE 56 EXPENDITURES TO 1978 BUDGET
GENERAL FUND
Through April, 1978
Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_
Legislation & Council:
City Council $ 95,074 $ 25,645 $ 60,816 64 $ 61,640 74 Board of Adjustment 3,351 267 880 26 880 27 Career Service 3,154 180 1,166 37 591 15 Planning & Zoning 4,912 363 1,964 40 1,449 29 Library 3,112 312 1,062 34 396 12 City Attorney 151,818 16,482 52,380 35 34,504 33
Sub-Total $ 261,421 $ 43,249 $ 118,268 45 $ 99,460 49
Administration:
City Manager $ 152,275 $ 11,919 $ 54,301 36 $ 51,193 36 Personnel 123,112 7,446 40,306 33 30,266 30 Treasury & Record 85,598 6,748 29.922 35 32,123 32 •nicipal Court 143,162 9,561 36,399 25 29,502 35 nCCOUnting 90 ,235 6,678 27,431 30 Data Processing 119,412 8,185 30,641 26 49,696 :n Revenue Division 122,526 9. 785 40,041 33 35,183 31 Purchasing 199,549 19,012 44,640 22 45,464 25
Sub-Total $1,035,869 $ 79,334 $ 303,681 29 $ 273,427 31
Public Works:
Administration $ 50,849 $ 4,671 $ 16,667 33 $ Senior Surrey 43,987 4,37 5 13,866 32 . 15,345 39 Engineering 182,413 7,201 34,479 19 67,150 34 Streets & Drng. 876,318 140,674 279,667 32 269,523 33 Traffic Reg. 259,022 45,335 92,333 36 108,509 44 Bldg. Maintenance 284,707 27,62 7 94,368 33 95,509 34
'Sub-Total $1,697,296 $ 229,883 $ 531,380 31 $ 556,036 35
Fire Administration:
I • Suppression & Admin. $1,601,686 $ 157 ,848 $ 535,709 33 $ • • Re scue Service 161,267 12,168 48,902 30 Volunteer 33,533 78 1,046 3
.,.,b-To tal $1,796,486 $ 170,094 $ 585,657 33 $ 551,803 35
• •
•
• •
Expenditures to 1978 Budget
General Fund
Through A2ril, 1978
.Page 2
Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_
Police:
Police Dept. $1,975,950 $ 187,501 $ 618,689 31 $ 573,328 33 Cotmllunications 380,648 23.375 108,004 28 81,957 33 Animal Shelter 90,815 8,160 25,421 28 19,810 20
Sub-Total $2,447,413 $ 219,036 $ 752,114 31 $ 675,095 32
:ommunity Development:
Code Enforcement $ 166,366 $ 13,330 $ 51,336 31 $ 56,861 32 Housing & Redevel. 78,096 8 ,891 28,198 36 17,238 32 Planning 146,258 11,349 46,257 32 42,183 33
Sub-Total $ 390,720 $ 33,570 $ 125,791 32 $ 116,282 33
.ibrary: $ 329,756 $ 22,967 $ 91,806 28 $ 86,391 28 I .. ~
L•arks & Recreation:
Senior Recreation Center $ 90,000 $ 7,799 $ 26,580 30 $ Parks 734,664 116,640 254,656 35 220,857 35 Outdoor Swim Pool 40,127 3,901 4,578 11 6,028 15 II Indoor Swim Pool 67,037 4,225 19,866 30 14,784 23 Spo rts & Games 94,428 5,814 26,561 28 23,062 25 .1 Cultural Activities 73,081 5,655 19,035 26 16,184 23 Playgrounds 41,221 450 1,155 3 706 2 Softball 23,880 207 816 3 658 3 Zoo 8,692 30 General Operations 115,257 7,574 31,498 27 31,435 25 Old Timers 28,213 5,059 5,154 18 5,627 20
Sub-Total $1,316,600 $ 157,324 $ 390,019 30 $ 319,341 28
Expenditures: $9,275,561 $ 955,457 $2,898,716 $2,677,83 5 33 -I • •
• • n
• -
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Portion of Year to Date _11%___
DE PARTMENT OF FINANCE
' REALIZATION OF BUDGETED REVENUE S
GENERAL FU ND
Through April, 1978
% o f La st La st
Budgeted Curre nt Year t o Budge t Ye ar Yea r
Revenues Month Date Collected t o Date _%_
:Taxes:
Property Tax $ 865,696 $ 95,657 $ 25 6 ,810 30 $ 267,384 32 Specif i c Owne rship 48,000 9,99 7 25 ,556 53 18,284 41 Sa l es Tax 5,607,057 537 ,474 2,135 ,560 38 1,856,790 36 Cigarette Tax 475,000 39,531 168,746 36 116,473 25 Franchise Tax 533,508 101,507 13 9 ,953 26 198,490 44
Sub-Total $7,529,261 $ 784,166 $2,726 ,625 36 $2,457,421 36
1Lice ns es & Permits:
Building Lic e ns es $ 75,000 $ 6,492 $ 27,119 36 $ 18,883 39 Bus i n ess Licen s e s 65,000 2,768 37,581 58 36,610 51 Non-Bu s iness Lie. 48
b-To t a l $ 140,000 $ 9,260
.,~
$ 64,700 46 $ 55,541 46
linter-Governmen tal
Re v enu e s :
Fed eral Gra nt s &
Revenue Sharin g $ 74,000 $ 2,374 $ 10,962 15 $ 13,687 57
ll State Grants
State-Shared Revenue 286,000 97,664 166,397 58 2, 723
J Arapahoe Bridge & Road 80,410 168,309 61
Sub-Total $ 440,410 $ 100,038 $ 177,359 40 $ 184.719 49
Charges for Services:
General Government $ 329,128 $ 63,743 $ 68,502 21 $ 64,121 21 Public Safety 6,200 327 1,885 30 3,261 44 Highway & Street 38,236 3,572 13,100 34 8,420 22 Animal Shelter 20,000 (1,575) 2,094 10 662 3 School District Ul 10,000
Outdoor Swim Pool 15,493
Indoor Swim Pool 26.245 948 7,351 28 6,936 27 • Sports & Games 36,675 212 6,030 16 6,132 18 I Cultural Activities 52.77 5 2,189 14,033 27 8,858 29 • • Playgrounds 1,500 24 459 31 226 27
~tball 24,600 5,986 10,915 44 8,674 43
~-., 2,600
Old Timers 18,300 1,500 1,500 8 3,350 20
Library Contract 34,000 6 1 925 15,607 46 9,006 26
Sub-Total $ 615,752 $ 83,851 $ 141,476 23 $ 119,646 21
•
•
• •
Realization of Budgeted Revenues
General Fund
Through AerH, 1978 p. 2
% of Last Last Budgeted Current Year to Budget Year Year _Revenues Month Date Collected to Date _%_
Fines & Forfeitures:
Court Fines $ \18,000 $ 10,502 $ 50,916 52 $ 40,214 47 Library Fines 8 ,900 909 3,835 43 3,080 37
Sub-Total $ 106,900 $ 11,411 $ 54,751 51 $ 43,294 46
; Miscellaneous:
Joint Venture
Tax Refunds $ $ $ $ 19,568 151 Interest 25,000 6,880 6,880 28 14,123 56 Rentals 325 325 460 Gain on Sale
of Assets
Landfill 105,000
Other 16,136 732 9 ,548 59 7,102 36
Sub-Total $ 146,136 $ 7,937 $ 16,753 11 $ 41 ,253 71
Total Revenues: $8,978,459 s 996.663 35 -S..J.. .. .l.6.1 .•. lli_ $2,901,874 36 -
ll
.1
I • •
•
•
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I
Portion of Year to Date 33%
DEPARTMENT OF FINANCE
REALIZATION OF BUDGETED REVENUES
PUBLIC IMPROVEMENT FUND
Through April, 197!1
% of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_
Taxes:
I Sales Tax $ 440,000 $ 176,151 40 $ 137,165 33 $ 53,826 Admissions Tax 25 1 000 2,024 6!873 27 2 1 628 6
Sub-Total $ 465,000 $ 55,850 $ 183,024 39 $ 139.793 30
Intergovernmental Revenue:
1 Revenue Sharing
& Federal Grant $ 655,000 $ $ $ 169,172 22 ~ate Grant
:te-Shared Revenue .,r
L· Sub-Total $ 655,000 $ $ $ 169,172 22
!I
Miscellaneous:
It Interest $ 8,000 351 $ 9,738 94 $ $ 795 10
.t Contributions
Other 36,500
Sub-Total $ 124,500 $ 351 $ 795 1 $ 9,738 10
Total Revenues: $1,244!500 $ 56,201 ~ 183,819 15 ~ 318,703 24
I •
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• •
Re a liza t i o n of Budgeted Revenu e s
Publ ic I mprovement Fund
rough Ap1:l 1, 1 9 1 8 'ag.-~
Cumula t ive Exp e nditures Project Balance Budget Current Month to Date Available
:torm Drainage:
General $ 868 ,122 $ 88 $ 375,982 $ 492,140
:ity Survey 20,000 20 ,000
aving District #24 41,294 22,046 19,248
aving District #25 200,000 4,036 195,964
raffic Improvements 110,000 101 ,747 8 ,253
uni Street 50,000 50 ,000
1rerlay Program 40,000 41 39,959
1rks:
Belleview Storm Repair 50,000 1,500 1 ,500 48 ,500 • Em~rson Mini Park 15,000 13 ,227 1, 773 H.({ icapped Play Apparatus 24 ,000 24,000 Sinclair Bath House 100,000 9,250 90,750
lver Redevelo pment 3,00 2,127 .2. 569 2 ,99 0 ,299 11 ,828
mior Center 827 ,264 (4,045) 809,14 2 18,122
tnd Acqu i s ition 100,000 100 ,000
.brary Ex pans i on 190,000 10,204 187,24 9 2,751
nd Purchase Near
Elderly Housing Site 22,500 22,500
$5,660,307 $ 10,316 $4!537,019 $1,123,288
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Portion of Year to Date --11%__
DEPARTMENT OF FINANCE
REAL I ZATION OF BUDGETED REVENUES
SEWER FUND
Through April. 1978
% of Last Last
Budgeted Current Year to Budget Year Year
Revenues Month Date Collected to Date _%_
Disposal Service: $ 765,000 $ 113,207 $ 139,280 18 $ 262,481 36
Other:
Connection Fees-Inside $ 50,000 $ 4,207 $ 45,026 90 $ 9,973 50
Connection Fees-Outside 500,000 47,946 246,002 49 23 4,826 47
Interest 45,000 5,125 5,125 11 9,369 23
Rentals 450 1,350 1;no
Inspection Charges
and Sampling 7,000 701 3,234 46 3,187 46
Miscellaneous __ 10,000 7 467 5 2,537 25
Sub-Total $ 612,000 $ 58,436 $ 301,204 49 $ 261,002 45
Intergovernmental Revenue:
E.P.A. $ 205,109 $ $ $
~ity of Littleton 20,500
Sub-Total $ 225,609 $ $ $
Total Revenues: $1,602,609 $ 171,643 $ 440,484 27 ~ 523,483 40
EXPENDI'IURE S TO 1978 BUDGET
Last Last
Annual Current Ye ar to Date % of Year Year
Budget Expenditures Expenditures Budget to Date _%_
Treatment: $ 24 6 ,109 $ 88 ,396 $ 89,228 36 $ 221,670 66
• Sanitary System: 77 '302 4,630 17 '661 23 19 '550 32
Administration & I • • and General: 1,389 ,1 95 76,484 14 8 ,4 72 11 142,879 24
Total Expense: $1,712,606 $ 16 9,510 ~ 25 5,361 15 $ 3841099 39
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Portion of Year to Date 33%
DEPARTMENT OF FINANCE
REALIZATION OF BUDGETED REVENUES
WATER FUND
Through April, 1978
% of Last Last
Budgeted Current Year to Budget Year Year
Revenues Month Date Collected to Date _%_
Water Sales: $2,264,970 $ 239,835 $ 771,286 34 $ 515,558 34
Other:
Connection Charges $ 50,000 $ 4,161 $ 44,516 89 $ 19,123 76 Rentals 8,500 420 1,404 17 4 ,.893 58 Interest 326,000 106,684 106,683 33 2,216 22 Gain on Sale of Assets
Sale of Water 200,000 210,000 210,000 105 Miscellaneous 25,000 (5) 9,796 39 12,125 49
Sub-Total $ 609,500 $ 321,260 $ 372,399 61 $ 38,357 18
Total Revenues: $2,874,470 $ 561,095 $1,143,685 40 ~ 5531915 32
EXPENDITURES TO 1978 BUDGET
Last Last
Annual Current Year to Date % of Year Year
Budget Expenditures Expenditures Budget to Date _%_
Source & Supply: $ 655,744 $ 45,896 $ 319,822 49 $ 51,475 69
Power & Pumping: 175,335 10,208 39,153 22 34.910 21
Purification: 1,145,981 81,098 ll5 ,896 10 63,688 16
Trans. & Diat.: 1,423,527 64.798 102. 6ll 7 46,041 40
General: 826,621 69,096 198,903 24 164,515 21 I • •
tl Expense: ~4,227,208 $ 271! 096 $ 7761385 18 $ 360.629 23
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M E M 0 R A N D U M
TO : Andy McCown, City Ma nager
FROM: William D. James, Director of Finance
DATE: May 11, 1978
SUBJECT: Paving District No. 25 Bid
Sealed proposals were received by the office of Director of
Finance (Purchasing) until 2 :00 p.m. MDST Ma y 8, 1978 for
Alternate Proposal "A" (2 year contractors guarantee) to
the Paving District No. 25 project .
Proposals were received as follows:
Peter Kiewit Sons Co.
Siegris t Const. Co.
*A spha lt Paving Co.
Western Paving Const . Co.
Alternate
"A"
(two year
Q_r_i_gJ.nal Bid guarante~
$649,917.51
658,397 .05
628,337.70
609 ,466.71
$20,220.20
No Change
No Bid
No Change
Engineer's Estimate-$720,882.70
Total Bid
$670 ,137.71
658,397.05
628,337.70
609,466.71
*Asphalt Paving Co . did not bid on a two year guarantee and
remained with their original bid o n a one year guarantee.
We recommend the proposal submitted by Western Paving Construction
Co. in the total amount of $609,466 .7 1 for the construction of
Paving District No. 25 to be accepted and award made .
..v' ~,:A..,.a.,.__,
William D .2)lilles, Director of
Finance
/~(rl(' 1-:J: ... ~ le£I' Waggoner ~9to~r-o...,f~-
Public Works
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INTRODUCED AS A BILL BY COUNCIL MEMBER
A BILL FOR
AN ORDIN,.NCE "UTHORI ZING THE ISSUANCE 01'
SPECIAL ASSESSMENT BONDS OF THE CI TY OF ENGLE-
WOOD, COLORADO, FOR PAVING DISTRICT NO. 25, POR
THE CONSTRUCT ION ~D INSTALL,.TION OF STREET AND
ALLEY PAVING, CURB AND GUTTER AND 51 DEWALl[
IMPROVEMENTS, IN SAID DISTRICT; PRESCRIBING T!IE
FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT
OF SAID BONDS ~D THE INTEREST THEREON.
WliEREAS, for tbe purp011e of conatructin<;J and installl119
street and alley paving, curb and gutter and aidewalk iwprow.-
menta, together vitb necessary incidenta1s on certain atreeta and
alleya, Paving Diatrict No. 25 in the City of Englewood baa bees
dDly created by Ordinance No. 3 Series of 1978, of aaid City,
finally adopted and approved on Karcb i, 1978; and
WHEREAS, the City Council has deter11ined tbat the
cost of the construct1on and i nstallation of the street and alley
paving, curb and gutter and sidewalk improvements, together witb
neceasary incidental costs, whicb will be assessed against tbe
property included within tbe district, ahall not e&ceed the &80unt
of $767,100, and that bonds of the City for said District should
be issued in tbia amount ; and
WHEREAS, in accordance with the City Charter and a
resolution passed on April 4, 1978, the City Council baa ad-
vert.U.ed for the &ale of Special Assessment Bonds and said bonds
in the amount of $767,100 have been awarded to Kirchner, Noore •
Company, Denver, Colorado : and
WHEREAS, it is now necessary to prpvide for tbe ia&118nce
of said bonds and the forM and payment thereofl
BE IT ORDAINED BY THE CITY COUNCIL OP TilE CITY OP
ENGLEWOOD, COLORADO :
Section 1. Bond Details. By virtue of and pursuant to
the Charter and tbe Laws of the State of Colorado, Special Aases.-
ment Bonde of the Clty of Englewood for Paving District No. 25
shall be issued for the purpose of paying for local impro,....nts
constructed in the District. The bonds aball be in the principal
amount of $761,100, shal l be dated June 1, 1978, and shall
consist of 767 bonds in the denominatl on of $1,000 each, numbered
1 to 767, i nc lusi ve, e x cept tha t Bon d No. 1 shall be in the
de nomination of $1,100. The Bonds shall be payable to bearer, and
shall be due and payable on Jun e 1, 1 989, subje ct to c all a n d
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prior pa)'11lent on any interest payment date, in direct nu .. rical
order, upon payment of par and accrued interest. 11otice of such
prior redemption shall be published in a newspaper of general
circulation in Englewood, Colorado, one ti .. at least 30 days
prior to tbe date of redemption. In addition, a copy of aucb
Notice aball be -iled at the tille of publication to the original
purcbaaer of the Bonds.
Tbe Bonds shall bear inter .. t payable Oil June 1, 19'79,
and aeai-aDnually thereafter on June l and t>ecember 1, each year
accordiftl to intereat coupons designated "A" •• follow••
•A• Coupon
~ Bond 11ullber• Interest !lAte
$267,100 1 to 26'7, incl. •·•o•
145,000 268 to 412, incl. 4.eo•
95,000 Ul to 501, incl. 5.oo•
'75,000 501 to 582, incl. 5.1Dt
75,000 583 to 657, incl. 5.20'
55,000 651 to 112, incl. 5.2St
55,000 713 to 767, incl. 5.30t
In additiDD to the "A" coupon interest rates set forth
above, all of said bonds bear additional interest &a evidenced bY
aupple .. ntal interest coupons deaigDAted •a•, for the period fraa
Jul:r l, un to the dat• illdicated below, or to tbll payaent date
of the bonds, wbicheftr ia the earlier date. Tbe •a• intereat
abal.l be payable Oil the same datu &a tbll •A• illterest coupons
during said period of ti-•
•a• Coupcm Froe July 1, 1971
Bond 11.mbers Interest Rate to June l, 1919
1 to 26'7, incl. 1.20t
268 to 412, incl. l.20t
413 to 501, incl. l.20t
508 to 512, illcl. l.20t
583 to 65'7, incl. l.20t
658 to 112, incl. 1.20t
113 to '767, incl. l.20t
The net effective inte.rest rate of this iasue of llonds
is 5.359t per annua.
The principal of and i nterest on said bonds shall be
payable at The First National Bank of Englewood, in Englewood,
Colorado.
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Section 2. Execution of Bonda and Interest Coupons.
The Bonds shall be signed with the facsi•ile signature of the
Mayor, attested and countersigned by the manual signature of
the Director of Pinance, ex-officio City Clerk-Treasurer, with
a facaimile of the seal of the City affixed thereto, and the
interest coupons attached shall be signed with the facsiaile
signature of the Director of Finance. When issued aa aforesaid aa
part of aaid bonds, tbe intereat coupons shall be the binding
obligations of the City according to their iaport.
Should any officer wboae aanual or facaiaile signature
appeara on said bonda or the coupons attached thereto cease to be
auch officer before delivery of tbe bonds to the purchaser, aueb
aanu&l or facaimile signature ahall nevertheless be valid and
sufficient for all purpoaea.
Section l. Pora of Bond and Intereat Coupons. ~be
bonda aDd the interest coupons to be attached tbereto shall be in
substantially the following fora:
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STATE OF COLORADO
No.
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(Foi11l of Bond)
UNITeD STATES Of AMERICA
CITY OF ENGLEWOOD
PAVING DISTRICT NO. 25
SPECIAL ASSESSMENT BOND
COUNT! Of ARAPAHO&
$1,100
$1,000
The City of Englewood, in the County of Arapahoe,
State of Colorado, for value received, hereby promises to pay to
the bearer hereof, out of the special fund hereinafter designated,
but not otherwise, the principal sua of
ONE THOUSAND ONE HUNDRED DOLLARS
ONE THOUSAND DOLLAAB
in lawful money of the United States of America, on the lat day
of June, 1989, with interest thereon at the rate of
per centua ( ------') per annua
as evidenced by interest coupona designated "A" frooo date until
pay.ent, payable on June 1, 1979 and semi-annually thereafter on
Jane 1 and Deceaber 1 eacb year, and additional interest as
evidenced by supplemental interest coupons designated •a•, at
tbe rate of per c:eatua
_____ ,) per annua for tbe period from 1, 1978
to l, 197_, or to the payment date of this Bond,
wbict>ever ia the earlier date, and payable on the sDe dates aa
the "A" interest c-oupons during said period of tt.e. 8oth prin-
cipal and interest are payable at The First National aank of
Englewood, in Englewood, Colorado, upon presentation and surrender
of the attach~ coupons and this Bond as they severally bec:o88 due
or are called for payaent.
This Bond i8 subject to call and redewption in direct
numerical order of the issue of which it is one, on any interest
payment date, upon payment of par and accrued interest to the
date of redempt ion. Notice of su ch prior rede•ption shall be
published in a newspaper of general circ-ulation in the City,
one time at least thirty (30) days prior to the date of redemp-
tion.
This Bond h issued for the purpose of paying part of
the costs of constructing and installing street and alley paving,
curb and gutter and sidewalk 1m provements, together with necessary
incidentals in Paving Distr ict No. 25, in t he City of Englewood,
Color ado, by virtue of and in full conformity with t he Constitu-
tion and Laws of the St ate of Co lorado, the Charter of the Ci ty ,
and an Ordinance of the City duly adopted, approved, published and
mad e a law of said City prior to the issuance hereof.
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Payment of this Bond and the interest thereon shell
be made from, and as security for suc:h payment there is pledged,
a special fund designated as the "Paving District No. 25 Bond
and Interest Fund", whieh Fund shall contain initially any monies
in the construction account remaining after the coat of improve-
menta has been paid in full and thereafter to contain the proceeds
from special assessments to be levied against the property in-
eluded within the District and specially benefited by the con-
struction and installation of improvements therein. The assess-
menta to be levied will constitute a lien on end eqeinat eaeb lot
or tract of lend in the respective eaounta to be apportioned by en
ordinance of the City.
In addition, the ordinance authorizing the issuance of
bonds of this issue provides that in accordance with the City
Charter, whenever four-fifths (4/5) of the bonds of thia iaaue
have been paid and cancelled, and for any reason the remaining
asseaaaenta are not paid in time to take up the remaining boD4s
and the interest thereon, then the City shall pay said bonds Wben
due and the interest due thereon and reiaburae itself by col-
lecting the unpaid asaeaaments due the District.
This Bond does not constitute a debt of the City of
Englewood within the meaning of any constitutional, statutory
or charter limitation or provision, and shall not be considered
or held to be a general obligation of the City.
It is hereby certified and recited that all requirements
of law have been fully ea.plied with by the proper officers of the
City in the iaauanee of this Bond, and that the total aaount of
this issue does not exceed the coat and expense of said improve-
menta or any limitation prescribed by law.
For the payment of this Bond and the interest thereoe
the City pledges all of ita lawful corporate powers.
I'll TESTINONY lfBSilEOP, Tile City of Englewood baa eallHd
th is Bond to be signed with the facsimile signature of the Rayor,
attested and countersigned by the manual signature of the Director
of Finance, ex-officio City Clerk-Treasurer, with a facsimile of
the seal of the City affixed hereto, and the interest coupons
attached hereto to be signed with the facsimile signature of the
Director of Finance, e~t-offieio City Clerk-Treasurer, as of the
1st day of June, 1978.
I FACS!IULE)
( S E A L )
ATTESTED AND CO UNTERSIGNED:
(Manual Signature)
Di rector of Finance
e•-oftlcio City Clerk-Treasurer
CITY OF ENGLEWOOD, COLORADO
By ____ ~(~F~a~c~s~i~m~i~l~e~S~i~g~n~a~t~u~r~•~lL-----
Mayor
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(F or• o f I ntereat Coupons)
No. $ __ _
June ,
On the lat day of December, 19 ___ , unless the lond to
whieb this coupon is attac:hed has been called !or prior redel!p-
tion, the City of Englewood, in the County of ~rapahoe and State
of Colorado, vill pay to bearer the ....,unt ahovn hereon in 1-
ful aoney of the United Statea of ~•rica, aolely out of the
special fund referred to in tbe Bond to vhicb this coupon is
attac:hed, at The Pirat National Bank of Englewood, in EnglavoocJ,
Colorado, being interest then d.ae on ita Special ~aaesa•ant
Bond for Paving District Ro. 25, dated June 1, 1971, bearing
No.------
'
Dtractor of inance
aa-officio City Clark-Treasurer
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Section 4. Disposition of Bond Proceeds. The proceeds
of said bonds shall be applied only to pay the costs and expenses
of constructin9 and installin9 improvements in said District and
all other costs and expenses incident thereto. In the event that
all of the proceeds of said bonds are not required to pay such
costs and expenses, any remaining a1110unt shall be paid into the
special assessment fund for the purpon of calling in and paying
the principal of and interest on said bonds. Neither the pur-
chasers of said bonds nor any subsequent holder of the aame shall
be responsible for the application of the proceeds of said bonds
by the City or any of ita officers.
All or any portion of the bond proceeds may be
temporarily invaated or reinvested, pending aucb use, in neuri-
t iea or obligations vh ic:b are lawful investments for such munici-
pali t iea in the State of Colorado. It is hereby covenanted aDd
agreed by the City that the temporary investment or reinvestment
of" the bond proceeds, or any port ion thereof, shall be of aueb
nature and eatent, and for such period, that the bonds of the City
shall not beCOIM •arbitrage bonds• within the meaning of SectiOD
lOl(c) of the Internal Revenue Code, and pertinent re9ulstions,
and such proceeds, if so invested or reinvested, shall be subject
to tba lim itations and restrictions of uid Section lOl(c), u the
•••• now exists or may later be amended, and shall further be
subject to any applicable re<Julations of the Internal Revenue
Service.
Section 5. Paving District Mo. 25 Bond and Interest
!..!!!!!• The bonds and the interest thereon shall be payable
solely from the local improve..,nt fund, designated u the •paving
District No. 25 Bond and Interest Fund•, which shall contain
i nitially any monies in the construction account remaining
after the cost of improvements has been paid in full and there-
after to contain the proceeds from special assessments to be
levied against the property within the District and specially
benefited by the construction of iaprovements therein.
When there is on band a sufficient a mount to
pay sill months ' interest on outstanding bonds for the District,
the City shall call f or payment, on the next i n terest payment
date, outstanding bonds in direct numerical order with funds
available therefor. Notice of call and redemption shall be given
by advO!rt lsement one ti-in a """spaper having <;~eneral circul a-
tion in the City, at least thirty (30) days prior to the date
of redemption. The notice shall specify by number the bond s
called, and all such bonds shall be paid in their direct numerical
o rder . ThO! holder of any such bonds may at any ti-. furn i sh his
or her post office address to the Di rO!ctor of FinancO!, and in such
c a s e a c opy of the advertisement sha l l bO! mailed to thO! bond-
hol dO!r, at su ch address, on or about the day of s uch publica tion •
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After the expiration of the period for cash pay-
menta of assessments in full, the City shall, to the extent
possible, pay each year not leu than 10• of the total amount of
bonds outstanding after the payment of the bonds vith the proceeds
of such cash payments of assessments in full.
Section 6. Additional Security for the Payment of
Principal and Interest. In addition, in accordance vith the
City Charter, whenever four-fifths (4/5) of the bonds of this
issue have been paid and cancelled, and for any reason the re-
maining assessments are not paid in tiae to take up the remaining
bonds and tbe interest thereon, then the City shall pay said bonds
wben due and the interest due thereon and reiaburae itself by
collecting the unpaid aasessaenta due the district.
Section 7. Assessment of Costa. The City Council
covenants that upon completion of the local iaproveaents, or upon
cootpletion fr011 tiae to tiae of any part thereof, and upon ae-
ceptance thereof by the Council, or whenever the total cost can be
definitely ascertained, it vill cause a atate .. nt shoving tbe
total cost of the improve .. nta to be prepared and filed in the
office of the Director of Finance. The City Council shall further
cause assessments to be levied against the property includ ..
within the special improveaent district and specially benefited bY
the construction and installation of such improvements, in a<>-
cordance with lev and the Charter of the City.
Section B. Severability. That if any one or aore
sections or parte of this Ordinance shall be adjudged unenforce-
able or invalid, such judqment shall not affect, impair or i-
validate the remaining provisions of ·this Ordinance, it being the
intention that the various provisions hereof are severable.
Section 9. Repealer. All Ordinances or parts thereof
in conflict with this Ordinance are hereby repealed.
section 10. Ordinance Irrepealable. After said bonds
are issue d, this Ordinance shall be and remain irrepealable
until said bonds and the interest thereon shall have been fully
paid, satisfied and discharged.
Section 11. Publication and Effective Date. This
Ordinance after its final passage, shall be numbered and recorded,
and the adoption and publication sh all be autht!nticated by the
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signatu r e of the Mayor ani! the Director of Finance, ex-officio
C i ty Clerk-Treaaurer, and by the Certificate of Publication. Thia
ordinance ahall become effective thirty (30) daya after publica-
tion following final pasaage.
INTRODUCED AND READ Thia 15th day of May, 1978.
( S E A I.
Mayor
ATTEST a
Director of P1nance
1978.
0 FINAI.I.Y PASSED AND ADOPTED Thia 5tb day of June,·
( S E A I. )
ATTESTs Mayor
Di rector of Fi nance
• (The follow i ng to ba ooaittad fr011 publication follow i ng firat
rea<lint aDd to ba inaerted in the publication following final paaaage.)
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INTRODUCED AS A BILL BY COUNCIL I'IEMBER ------
A BILL FOR
AN ORDINANCE AUTHORIZING THE ISSUANCE Ol"
SPECIAL ASS£SSI'IENT BONOS OF TH £ CITY OF ENGLE-
WOOD, COLORADO, roR PAVING DISTRICT NO. 25, l'OR
THE CONSTR UC TION AND INSTALLATION OF STREET AND
ALLEY PAVING, CURB AND GUTTER AND SIDEWALJ(
IMPROVEMENTS, IN S"ID DISTRICT; PRESCRIBING THE
FORM OF THE BONDS: AND PROVIDING FOR THE PI'YMENT
OF SAID BONOS AND THE INTEREST THEREON.
WHEREAS, for the purpose of constructing and inst..lll119
street and alley paving, curb and gutter and sidewalk i11pr~
menta, together vitb necessary incidentals on certain etreeta end
alleys, Paving District No. 25 in the City of Englewood baa ben
dOly created by Ordinance No. 3 Series of 197B, of said City,
finally adopted and approved on March 6, 1978; and
WHEREAS, the City Council has deter11ined tbet tbe
coat of the construction and installation of the street and alley
paving, curb and gutter and sidewalk improvementa, together with
necessary incidental costs, whicb will be assessed against the
property included within tbe district, shall not eaceed the ..aunt
of $767,100, and that bonds of the City for said District should
be issued in tbia amount; and
WHEREAS, in accordance with the City Charter and a
resolution passed on April 4, 1978, the City Council baa ad-
vertised for the sale of Special Assessment Bonds and said bonds
in the amount of $767,100 have been awarded to Kircbner, ~e 6
Company. Denver, Colorado ; and
WHEREAS, it is nov necessary to prpvide for tbe iaauance
of said bonds and the form and payment thereof:
BE IT ORDAINED BY THE CITY COUNCIL OP TilE CITY Ol"
ENGLEWOOD, COLORADO:
Section 1. Bond Details. By virtue of and pursuant to
the Charter and tbe Laws of the State of Colorado, Special Asseaa-
ment Bonds of the City of Englewood for Paving District No. 25
shall be issued for the purpose of paying for local illprove-nts
constructed in the District. The bonds shall be in the principal
amount of $767,100 , shall be dated June l , 1978, and shall
consist of 767 bonds in the denomination of $1,000 each , numbered
1 to 767, inclusive, except that Bond No. 1 shall be in the
denomination of $1,100. The Bonds shall be payable to bearer, and
s h all be due and payable on June 1, 1 989, subject to call and
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prior payment on any intereat payment date, in direct nu-rical
order, upon payment of par and accrued intereat. •otice of auch
prior redemption ahall be publiabad in a nevapaper of general
circulation in Englewood, Colorado, one ti .. at leaat 30 daya
prior to tbe date of redemption. In add i tion, • copy of aucb
Notice ahall be mailed at the tiiM of public:ation to the original
purc:baeer of the Benda.
Tbe Bonde ahall bear interut payable on June l, 19'79,
and aeai-annually thereafter on June 1 and Dec:ellber 1, each year
ac:c:ording to intereat c:oupona designated "A" aa follow••
.,.. Coupon
~ Bond Nullbera Intereat Rate
$267,100 1 to 267, incl. 4.60t
145,000 268 to 412 , i ncl. t.IOt
95,000 Ul to 50'7, inc:l. 5.oot
'75,000 501 to 582, i nc:l . 5.1Dt
'75,000 513 to 657. i ncl. 5.201
5 5,000 651 to 7 12, i nc:l. 5.25t
55,000 713 to 767, incl. 5.l0t
In additi ... to the "A" coupon i ntereat ratea aet forth
abo ... , all of aaid bonde bear add i t i onal i nterut u evi den'*' b7
auppleme ntal intere at c:oupona dea ignated •a•, for the period f~
July 1, 19'78 to tha dat• i ndicated belov, or to tbe payment elate
o f the bonda , vb i c:hever i a t he earlie r date. Tbe "B" intereat
aball be payable .., the .... d&tea u tbe "A" interes t coupona
during saiAI period o f t i ••
•a• CoupaD Fro. .July 1, 1971
Bond ....... .,.. Inter e s t Rate to Jame l, 19'79
1 t o 26'7, i ncl . 1 .20'
2 68 to 412, inc l. 1 .2 0'
4 13 t o 5 0 7 , i ncl. 1.20.
5 08 to 5 1 2, iftCl. 1.20'
5 8 3 to 657 , incl. 1.20.
658 to 712 , incl. 1.20'
713 to 767, incl. 1.20\
Tbe net effecti.,.. interest rate of thia issue of Bonds
ia 5.359' per a nnu•.
Tbe principa l of and i nterest on said bonds a ball be
payable at Tbe First National Bank o f Englewood, i n Eng l evood,
Colorado •
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Section 2. Ex~c u tion of Bonda and Int~r~at Coupona.
The Bonda ahall be a i gned with the facaimile signature of the
Mayor, atteated and count~raigned by the aanual aigaature of
the Director of Fiunce, ex-officio City Clerlt-Treaaurer, with
• facai•ile of the aeal of the City affixed ther~to, and the
intereat coupona attached ahall be signed with the facai•ile
aignature of the Director of Finance. When iaaued .. aforeaaid aa
part of aaid banda, tbe intereat coupon• shall be the binding
obligationa of the City according to their iaport.
Should anr officer vhoae .. nual or facai•ile algnature
appeara on aaid bcmda or the eoupona attached thereto eeaae to be
auch officer before delivery of the bonda to the purehaaer, auc:ll
•anu&l or fecai•ile aignature ahall nevertheleaa be valid and
aufflclent for all purpoaea.
Section l. For• of Bond and Intereat Coupona. fte
bonda and the intereat eoupona to be attacbed thereto ahall be in
aubatantlallJ the followlog f ora:
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STATE OF COLORADO
No.
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(Fora of Bond)
UNITED STATES OF AMERICA
CITY OF ENGLEWOOD
PAVING DISTRICT NO. 25
SPECIAL ASSESSMENT BOND
COONTr OF ARAPAHO&
$1,100
$1,000
The City of Englewood, in the County of Arapahoe,
State of Colorado, for value received, hereby promises to pay to
the bearer hereof, out of the special fund hereinafter designated,
but not otberwiae, the principal a~ of
ONE THOUSAND ONE HUNDRED DOLLARS
ONE THOUSAND DOLLARS
in lawful money of the United States of Alllerica, on the lst day
of June, 1989, with interest thereon at the rate of ---------------
per centua ( \) per annua
as evideneed by interest coupons designated "A" fro. date until
peY'Ient, payable on June 1, 1979 and semi-annually thereafter on
June 1 and December 1 each year, and additional interest as
evidenced by supplemental interest coupons designated "B", at
tbe rate of per ceat-
------'l per annllll for the period froa 1, 1978
to 1, 197_, or to the payment date of this Bond,
wbicttever is the earlier date, and payable on the sae dates u
the "A" interest coupons during said period of t,... Both prin-
cipal end interest ere payable at The Firat National Bank of
Englewood, in Englewood, Colorado, upon presentation and surrender
of the attached coupons and this Bond as t.My severally bee.,.. due
or ere celled for payaant.
This Bond is subject to call and redewption in direct
nuaer ical order of the issue of vb icb it is one, on any interest
payment date, upon payment of par and accrued interest to the
date of redemption. Notice of such prior redemption shall be
publ !shed in a newspaper of general circulation in the City,
one time at least thirty (30) days prior to the date of redemp-
tion.
This Bond is issued for the purpose of paying part of
the costs of constructing and installing street and alley paving,
curb and gutter and sidewalk improvements, together with necessary
incidentals in Paving District No. 25, in the City of Englewood,
Colorado, by virtue of and in full conformity with the Constitu-
tion and Laws of the State of Colorado, the Charter of the City,
and an Ordinance of the City duly adopted, approved, published and
made a law of said City prior to the issuance hereof .
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Payment of this Bond and the interest thereon shall 4
be made from, and as security for such peyment there is pledged,
a special fund designated as the "Paving District Ro. 25 Bond
and Interest Fund", which Fund shall contain initially any monies
in the construction account remaining after the eost of l.Jeprove-
ments has been peid in full and thereafter to contain the proceeds
froa special aasesSlllents to be levied against the property in-
cluded within the District and specially benefited by the con-
struction and installation of iaproveaents therein. 'ft>e assess-
ments to be levied will constitute a lien on and egainst eaeb lot
or tract of land i n the respective aaounts to be apportioned by an
ordinance of the City.
ln addition, the ordinance authorizing the issua-of
bonds of this issue provides that in accordance with the City
Charter, whenever four-fifths (4/51 of the bonds of this iss,.
have beea paid and cancelled, and for any reason the reaainiiiiJ
assesaents are not paid in ti-to take up the rnainiiiiJ boDda
end the interest thereon, then the City shall pay said bonds when
due and the interest due thereon and reiaburse itself by col-
lectiiiiJ the unpaid assessments due the District.
Th i s Bond does not constitute a debt of the City of
Englewood within the aeaning of any constitutional, statutory
or charter 1 i a i tat ion or provis i on, and shall not be considered
or held to be • general obli9ation of the City.
It i s hereby certified and recited that all requireaenta
of lew have beea fully caaplied with by the proper officers of the
City ia the issuance of thb Bond , sad that the total aaount of
this issue does not eac:ee4 the cost and eapense of sai4 iapr<>ft-
ments o r any l i aitat i o n prescr i bed by law.
Fo r the payme nt o f t hia Bond and the i nterest thereoa
the City pledge s a l l of i ta lawful corporate powers.
I W TESTI NOIIY WBDEOF , 'ft>e City of Englewood baa cauaed
th is Bond t o be signed wi th the fa csia ile s i gnature of the llayor,
atteste d and counte rsig ned by th e manual s ign a t ur e of the Di rector
of Finance, e a-offlc:io City Cl erk-Trea sure r , with a fa caimile of
th e seal of the City af f i aed hereto, and t he inte res t cou pon s
attached hereto to be signed with the fa c aiaile signature o f t he
Director of Finance . e a-o fficio City Clerk-Treasurer , a s o f the
1st day of June, 1 97 8 .
(FACSI MIL E)
( S E II L )
ATTESTED AND COUNTERSIGNED:
(Manual Signature)
-----orrec tor of Finance
ex-officio City Clerk-Treasurer
CITY OF E NGLE ~O D, COLORADO
By ____ ~(F~a~c~s~i~m~i~l~e~S~i~g~n~a~t~u~r~e~) ____ _
Mayor
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(Form of Intereat Couponal
$ __ _
June,
On the let day or Deceaber, 19 __ , unleaa the llond to
thia coupon ia attached baa been called for prior redel!p-
tbe City of Englewood, in the County of Arapahoe and State
of Colorado, will pay to bearer the aftlount shown hereon in 1-
ful •oney of the United Statea of America, aolely out of the
apacial fund referred to in tbe Bond to vbicb thia coupon ia
attaebed, at The l'irat National Bank of Englewood, in Inglewood,
Colorado, being intereat then due on ita Special Aa•e••••nt
Bond for Paving Diatrict Ro. 25, dated June 1, 1971, bearing
No.
ex-officio City Clerk-Traaaurar
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Sl!ct i on 4. Disposition of Bond ProCI!I!ds. Thl! procl!l!da
of said bo nds shall be applil!d only to pay thl! costs and I!Xpl!nses
of constructing and installing improvenoenta in said District and
all other costs and expenses incident therl!to. In the event that
all of the proceeds of said bonds are not required to pay auch
costa and expl!nSI!s, any rl!maining amount shall be paid into the
apt!cial asal!ssml!nt fund for the purpose of calling in and payi119
the principal of and interest on said bonds. Neither the pur-
chasers of said bonds nor any subsequent holder of the same shall
be responsible for the application of the proceeda of said boftds
by the City or any of ita officers.
All or any portion of the bond proceeds aay be
temporarily invested or reinvested, pt!ndi"'il aucb use, in ncuri-
tiea or obligations which are lawful inveataente for such aunici-
pal it iea in the State of Colorado. It is hereby covenanted aDd
agreed by the City that the teaporary inYeataent or reinvest.eat
of' the bond proceeds, or any port ion thereof, shall be of aucb
nature and eatent, and for such period, that tbe bondS of the City
shall not beca.e •arbitrage bonds" within the aeaning of SectiOD
103(c) of the Internal Rl!venue Code, and pertinent regulations,
and such proceeds, if so invested or re i nvested, shall be subject
to the limitations and restrictions of .. id Section 103(c), as tbe
same now exists or may later be aaended, and aball further be
subject to any applicable regulations of the Internal Revenue
Service.
Section 5. Paving District ~. 25 Bond and Interest
~-The bonds and tbe interest thereon aball be payable
solely froa the local iiDprove•nt fund, designated u the "PavitiiJ
District No. 25 Bond and Interest Pund", which shall contain
initially any monies in thl! construction account remaining
after the cost of improvements baa been paid in full and there-
aftl!r to contain the proceeds froa special aaal!asmenta to be
levied against the property within the District and specially
benefited by the construction of taprovementa therein.
When there is on band a sufficient amount to
pay sh months' intereat on outstanding bonds for the District,
the City shall call for payment, on the neat interest payment
dati!, outstanding bonds in direct numerical order with funds
available therefor. Notice of call and redemption sh all be given
by advertisement one tiee in a newspaper having general circula-
t i on in the City, at le ast thirty (30) days prior t o the date
of rl!demption. The notice shall spec i fy by number the bonds
called, and all such bonds shall be paid in their direct numerical
o rder. The holdl!r of any such bonds may at any time furnish his
or hl!r post office address to the Director of Finance , and in such
c as" a c opy of the advertisement shall be mailed to the bond-
hol der, at s uch address, on or about the day of such publication.
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After the expiration of the period for cash pay-
ments of assessments in full, the City shall, to the extent
possible, pay each year not less than 10\ of the total amount of
bonds outstanding after the payment of the bonds with the proceeds
of such cash payments of assessments in full.
Section 6. Additional Security for the Payment of
Principal and Interest. In addition, in accordance wi~b the
City Charter, whenever four-fifths (4/Sl of the bonds of this
issue have been pdd and cancelled, and for any reason the re-
maining assessments are not paid in tiae to take up the remaining
bonds and the interest thereon, then the City shall pay said boRda
when due and the interest due thereon and rei•burae itself by
collecting the unpaid aasesa .. nts due the district.
Section 1. Assessment of Costs. The City Council
covenants that upon completion of the local iaprove .. nts, or upon
c011pletion fr011 tiM to tiM of any part thereof, and upon ac-
ceptance thereof by the Council, o r whenever the total coat can be
definitely ascertained, it wi ll c ause a atateaent showing the
total cost of the i aproveMnts to be prepared and filed in the
office of the Director of finance. The City Council shall furthe~
cause assessments to be levied againat the property includ ..
within the special iaproveMnt district and specially benefited by
the construction and i nstallation of such improvements, in ac-
cordance with law and the Cbarter of the City.
Sect i on 8. Severabil i tx. That if any one or more
sec tions or parts of this Ordinance shall be adjudged unenforce-
able or i nvalid, such judgment shall not affect, impair or in-
v alida te t he reuini ng provis i ons of ·th i s Ord i nance, it being the
intention t h at the var i ous provis i ons hereof a r e severable.
Section 9. Repealer. All Ord inances or parts thereof
in conflict with this Ord i n an ce a re here by r epealed.
Se ction 10 . Ord ina nce Irrepea l a ble. Aft e r said bo n ds
are issued, this Or~ina nc e s ha ll be and r e main irrepea l ab l e
until said bonds and the interest thereon shall ha ve been fully
paid, satisfied and dis ch a r ge d .
Sect ion 11. P ublication and Effective Date. T his
Ordinance after its final passage , sha ll be n umbere d a nd recorded ,
and the adoption and publica tion shall be a uthenticated by the
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signature of the Mayor anll the Director of Finance, ex-officio
City Clerk-Treaaurer, and by the Certificate of Publication. Thia
ordinance shall become effective thirty (301 day• after publica-
tion following final passage.
INTRODUCED AND READ Thie 15th day of May, 1978.
( S E A I. )
Mayor
ATTESTz
Director of F1nance
°FINAI.I.Y PASSED AND ADOPTED Tbia Stb llay of June,
1971.
S E A L I
Mayor
ATTESTs
D>rector of Finance
0 (The following to be omitted froa publication following fint
reading eDd to ba ineerted in the publication following final
pueage.)
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I NT RODUC ED AS A BILL BY COUNCIL I!EKBER -----
A BILL FOR
AN ORDINAN C E AUTHORIZING THE ISSUAN CE OF
SPECIAL ASSESSI!ENT BONOS OF THE CITY OF ENGLE-
WO OD, COLORADO, FOR PAVING DI STRICT NO. 2 5, FOR
TH E CONSTR UC TION AND INSTAL LATIO N OF STREET AND
ALL EY PAVING, CURB AND GUTTER AND S IDEWALI
I MPROVEMENTS, IN SAID DISTRICT; PRESCRIBING THE
FORM OF THE BONDS; AND PROVID I NG FOR THE PAYMENT
OF SAID BONDS AND THE INTEREST THEREON.
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WHEREAS, for the purpose of constructing aDd inatalU ..
street and alley paving, curb and gutter aDd sidevalll i~row.
menta, together with necessary i nc i dentals on certain streets and
alleys, Paving District No. 25 in the City of Englewood baa beea
d Oly created by Ord i nance No . 3 Series of 1978, of said C i ty,
fi nally adopted and approved on March 6, 1978 ; and
WHEREAS, the City Council has deter•i ned that tbe
c oat o f the constr uction and installa tion of the street aDd alley
pa vi ng , curb anll gutter and s idewalk i mprovements, togethe r with
necessary i n cidenta l costs, wh i ch vil l be ass ess ed againat the
p r operty i nc luded wi thin tbe d i strict, shall not eaceell the .-ouat
o f $767,1 00, and that bonds· of the Ci ty for sai d District should
be issued i n this amount: and
WHE REAS, i n a ccordance w ith the C i ty Charter aDd a
res ol uti on passed on April 4, 1978, t he City Council baa ad-
ve r tised for t he sale o f S pecial Assessment Bonds and said bonds
i n the amou nt of $7 6 7,100 h ave been awarded t o Ki rchner, Hoare •
C011pany , Denver, Co l orado ; and
V!IEREAS , it is now necessa ry t o prpv i lle for t.be iaauance
o f s aid bonds and the form a nd p a y.ent there of;
BE I T ORDAINED BY THE CITY COUNCIL OP Til£ CITY OF
ENGLEWOOD, COLORADO:
Section 1. Bond Details. By virtue of and pursuan t t o
the Charter and the Laws of the State of Colorado, Special Asae s.-
ment Bonds of the City of Englewood for Paving District llo. 25
shall be issued for the purpose of paying for local illprove •nts
constructed in the District. The bonds shall be in the principal
amount of $767,100 , shall be dated June 1, 1978, and shall
consist of 767 bonds in the denomination of $1,000 each, numbered
1 to 767, inclusive , except that Bond No. l shall be in the
denomination of $1,100. The Bonds shall be payable to bearer, and
shall be due and payable on June l, 1989 , subject to call and
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prior payment on any interest payment date, in direct nu .. rical
order, upon payment of par and accrued interest. Notice of such
prior rademption shall be published in a newspaper of general
circulation i n Englewood, Colorado, one ti .. at least 30 days
prior to the date of redempti on. In addition, a copy of sucb
Notice shall be -iled at the time of publication to tbe original
purchaser of the Bonds.
Tbe Bonds shall bear interest payable on June 1, 1979,
and seai-annually thereafter on June l and Oece-r l, each year
according to interest coupons designated "A " as followsz
•A• Coupon
~ Bond •-re Interest Rate
$267,1DD l to 267, incl. 4.60'
145,000 268 to 412, incl. 4.10'
95,000 413 to 507, incl. s.oo•
75,000 SOl to 582, incl. 5.10'
75,000 583 to 657. incl. 5.20'
55,000 651 to 712, incl. 5.25'
55,000 713 to 767, incl. 5.30'
In additioa to the "A" coupon interest rates set forth
above, all of said bon4a bear additional interest as evidenced by
supplemental interest coupons designated •B•, for the period fraa
July l, 1978 to the dat• indicated below, or to tbe palflHnt date
of the bonds, whichever is the earlier date. The •a• interest
sb&ll be payable oa the s ... dates as tbe •A• interest coupons
during said period of ti .. a
•a• coupcm Fr011 July l, 1978
Bond .......... Interest Rate to June l, 1979
1 to 267, incl. 1.20'
268 to 412, incl. 1.20'
413 to 507, .incl. 1.20'
508 to 512, incl. 1.20'
583 to 657. incl. 1.20'
658 to 712, incl. 1.20'
713 to 767, incl. 1.20'
The net effective interest rate of this issue of Bonds
is 5.359' per annu•.
Tbe principal of and i nterest on said bonds sball be
payable at The First National Bank of Englewood, in Englewood,
Colorado •
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Sect ion 2. tx@cution of Bonds and Interest Coupons.
The Bonde shall be signed with the facsimile signature of the
Mayor, attested and counteraigned by the manual aignature of
the Director of Finance, ex-officio City Clerk-Treaaurer, with
a facaimile of the aeal of the City affixed thereto, and the
interest coupona attached ahall ba signed with the facsiaUa
aignature of the Director of Finance. When issu@d aa aforesaid aa
part of said bonds, tbe intereat coupona shall ba the binding
obligations of the City according to their i aport.
Should any officer vbose aanual or facaiaile aignature
appaara on said bonds or the coupons attached thereto ceaae to be
auch officer before delivery of the bonds to the purchaser, aueb
aanu&l or faca1a1le aignature ahell nevertbeleaa be valid and
aufficient for all purposes.
Ssction l. Fora of Bond and Interest Coupona. The
bonds and ths interest coupons to be attached thereto shall be in
substantially the follow1Dg fora:
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STAT£ OF COLORADO
No.
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( Forw of Bond I
UNITED STATES OP AKERICA
CITY OF ENG LE WOOD
PAVING DISTRICT NO. 25
SPE:CIAL ASSESSME:NT BOND
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COONTf OF ARAPAHO&
$1,100
$1,000
The City of E:nglewood, in the County of Arapahoe,
State of Colorado, for value received, hereby prombea to pay to
the bearer hereof, out of the special fund hereinafter designated,
but not otherwiae, the principal au. of
ON£ THOUSAND ON£ HUNDR£0 DOLLARS
ONE THOUSAND DOLLARS
in lawful money of the United States of America, on the lat day
of June, 1989, with interest thereon at the rate of ---------------
per centu. ( I 1 per ann&m
aa evideneed by interest coupona designated "A" fr011 date until
pa,.ent, payable on June 1, 1919 and aemi-annu&lly thereafter on
June 1 and December 1 each year, and additional intereat aa
evidenced by supplemental intereat coupona designated "B", at
the rate of per centUII
_____ tl per annUli for the period froe 1, 1918
to 1, 197_, or to the payment date of this Bond,
whichever ia the earlier date, and payable on the same dates as
the "A" interest coupons during aaid period of tt.e. Both prin-
cipal and intere&t are payable at The Firat National Bank of
Englewood, in Englewood, Colorado, upon presentation and aurrender
of the attached coupons and this Bond as they severally becoae due
or are called for payment •
This Bond is subject to call and nde11ption in direct
nlllMrical order of the issue of which it is one, on any intereat
paymen t date, upon payment of par and accrued intereat to the
date of redemption. Not ice of su ch prior redemption ahall be
published i n a newspaper o f general circulation in the City ,
one time at least thirty (301 days prior to the date of redemp-
tion.
This Bond h issued for the purpose of paying part of
the costs of constructing and installing street and alley pav ing,
curb and gutter and sidewal k improveme nts , together with necessary
incidentals in Paving District No. 25, in the City of E:nglewood,
Colorado , by virtue of and in full conformity with the Cons titu-
tion a nd La ws of the St ate of Co lorado, the Charter of the City,
and an Ordinance of the City duly adopted, approved, published and
made a law of said City prior to the issuance hereo f.
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Payment of this Bond and the interest thereon shall
be made from, and as secur i ty for such peyme nt there is pledged,
a spe c i al fund de signated as the "Pav i ng District Ro. 25 Bond
a nd Interest Fund", which Fund shall contain i nitially any monies
in the construction account remain i ng after the c:oat of improve-
menta has been pa i d in full and thereafter to contain the proceeds
froa epec:ial auesS111ents to be levied against the property in-
eluded within the Distric:t and epec:ially benefited by the con-
struc:tion and installation of improvements therein. The ••••••-
menta to be levied will c:onatitute a lien on and 59ainat each lot
or tract of land i n the reapec:t i ve aaounta to be apportioned by an
ordinance of the City.
In addition, the ordinance authorizing the issuance of
bonds of this iaaue provides that in accordanc:e with tba City
Charter, whenever four-fifths (4/5) of the bonds of this iaaue
have been paid and cancelled, and for any reason the reaaining
asaea .. ents era not paid ia ti• to take up the remaining boada
and the interest thereon, then the City shall pay said bonlla when
due and the interest due thereon and re i mburse itself by col-
lec:ting the unpaid a a aeasments due the Distric:t.
This Bond does not con s titute a debt of the City of
Englewood within tbe meaning of any constitutional, atatuto<7
or charter limitation or provision, anll shall not be considered
or bald to be a general obligation of the City.
It is hereby certified and recited that all requir ... nta
of law have been fully coaplied vith by the proper officers of the
City in tbe issuance of this Bond, and that the total aaount of
this iaaue doe s not eaceed the c:ost and eapenae of said iaprove-
menta or any lim i tat i on p r e ac:ribed by law.
For the payment of tbia Bond and the i nterest thereCIIl
the City pledges all of ita lawful corporate powers.
HI TESTIIIORY IHIER£01!', Tbe City af Englewood bee c:a.....S 1 •
th is Bond t o be signed wi th the fa c:sia i le signature of the Kayor,
attested and c:ounteraigned by the manual s i g nature of the Di re c:tor
o f Financ:e , ea-off ic:io City Clerk-Treasurer , with a fac:siail e af
th e seal of the City affia ed hereto, and t h e interea t c:oupons
attac:hed hereto to be signed with the fac:siaile signa ture of the
Direc:tor of Financ:e, ea-offic:io City Clerk-Treasurer, a s of the
let day of June, 197 8 .
( FACSI IULE)
( S E A L )
ATTESTED AND COUNTERSIGNED:
\Manual Signature)
D rector of Pinanc:e
ex-offic:io City Clerk-Treasurer
CITt OF ENGLE~OD, COLORADO
By ____ ~(~F~a~c:~s~i~m~i~l~e~S~i~g~n~a~t~u~r~e~)~----
1\Ayor
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(Form of Interest Coupons)
No.
$. __ _
June,
On the let day of Deca!lbar, 19 __ , unless the llond to
whicb this coupon is attached baa been called for prior redeJIP""
the City of Englewood, in the County of Arapahoe anll State
of Colorado, will pay to bearer the 8110unt shown hereon in law-
ful aoney of the Onited States of Aaerica, solely out of the
special fund referred to in the Bond to vhicb this eoupon la
attacbed, at The Pirat llationel Bank of Englavooll, in Englavooll,
Colorado, being interest then d11e on ita Spaeial Aaaeaa•eat
Bond for Paving Diatriet •o. 25, dated J11ne 1, 1971, beerlnt
tion,
!10. ----
Director of inanee
ea-officio City Clerk-Traaaurar
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Sect ion 4 . Disposition of Bond Proceeds. The proceeds
of said bonds s h all be applied only to pay the costa and expenses
of constructing and installing improvements in said District and
all other costa and expenses incident thereto. In the event that
all of the proceeds of uid bonds are not required to pay aucb
costs and expenses, any re .. ining ll!IIOunt shall be paid into the
special asaeaallent fund for the purpoH of calling ill and paying
the principal of and interest on said bonds. Neither the pur-
chasers of said bonds nor any subsequent bolder of the ... e shall
be responsible for the application of the proceeds of said bonds
by the City or any of its officera.
All or any portion of the bond proceeds aay be
temporarily invested or reinvested, pending sucb use, in ucuri-
ties or obligations wbicb are lawful investments for such aunici-
pelitiea in the State of Colorado. It is hereby covenanted and .
agreed by tbe City that the temporary investment or reinvestment
of" the bond proceeds, or any portion thereof, shall be of aucb
nature and extent, and for aucb period, that the bonds of the City
shall not becoae •arbitrage bonds" within the meaning of Section
103(c) of the Internal Revenue Code, and pertinent regulations,
and such proceeds, if so invested or rdnvested, shall be s@ject
to the limitations and restrictions of said Section 103(c), u tbe
saae now exists or may later be amended, and sball furtber be
subject to any applicable regulations of the Internal Revenue
Service.
Section 5. Paving District ~-25 Bond and Interest
The bonds and tbe interest thereon sball be payable
.,
solely froa the local improve-nt fund, designated u the "Pavi119
District No. 25 Bond and Interest Fund", which shall contain
i nitially any monies ill the construction account remaining
after the coat of improvements has beell paid in full and there-
after to contain the proceeds froa special aaaeaaments to be . \
levied against the property within the District and specially
benefited by the construction of t.prowements therein.
When there is on hand a sufficient amount to
pay six months ' interest on outstanding bonds for the District,
the City shall call for payment, on the next interest payment
date, outstanding bonds in direct numerical order with funds
available therefor. Notice of call and redemption shall be givell
by advertisement one ti-in a newspaper having general circula-
tion in the City , at least thirty (30) days prior to the date
The notice shall specify by number the bonds of redemption.
called, and all such bonds shall be paid in their direct numerical
order. Th e holder of any such bonds may at any time furnish his
or he r post o [fice address to the Director of Finance, and in such
case a copy of the advertisement shall be mailed to the bond-
holder, at such address, on or about the day of such publication.
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lifter the expiration of the period for cash pay-
menta of assessments in full, the City shall, to the extent
possible, pay each year not less than 10' of the total amount of
bonds outstanding after the payment of the bonds with the proceeda
of such cash payments of assessments in full.
Section 6. Additional Security for the Payment of
Principal and Interest. In addition, in accordance with the
City Charter, whenever four-fifth& (4/5) of the bonde of thie
issue have been paid and cancelled, and for any reaaon the re-
maining assessment& are not paid in tiae to take up the remaining
bonde and the interest thereon, then the City shall pay eaid bonda
when due and the intereet due thereon and reieburae itself by
collecting the unpaid assess .. nts due the district.
Section 7. Assessment of Costs. The City Council
covenant& that upon completion of the local improvement&, or upon
cooopletion fr011 tiM to tiM of any part thereof, and upon ac-
ceptance thereof by the Council, or whenever the total cost can be
definitely ascertained, it will cause a state .. nt ebovin9 the
total coat of the ieproveMnte to be prepared and filed in the
office of the Director of Finance. The City Council ehall furthe~
cause assesaaenta to be levied againet the property includ ..
within the special improve-nt dietrict and epecially benefited by
the construction and installation of such improvementa, in ac-
cordance with law and the Charter of the City.
Section B. severabllity. 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 1,....
validate the remaining providons of ·this Ordinance, it being the
intention that the various provisions hereof are severable.
section 9. R,.pealer. All Ordinances or parts thereof
in conflict with this Ordinance are herebJ repealed.
Section 10. Ordinanc,. Irrepealable. After said bond&
are issued, this Or~inance shall be and remain irrepealable
until said bonds and th,. interest thereon shall have been fully
paid, satisfied and discharged.
Section ll. Publication and Eff,.ctiv,. Oat ... This
Ordinance aft,.r its final passage, shall be numbered and recorded,
and the adoption and publication shall be authenticated by the
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signature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, and by the Certificate of Publication. Thia
ordinance s h all bttcome effective thirty (30) days after publica-
tion following final passage.
INTRODUCED AND READ This 15th day of May, 1978.
( S E A L
Mayor
ATTEST:
Director of F1nance
1971.
°FINALLY PASSED AND ADOPTED Thia Stb day of June,
( S E A L )
ATTEST:
Mayor
01rector of F1nance
*(Tile following to be Ollitted fr011 publication following tint
reading and to be inserted in the publication following final
puaage.)
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INTRODUCED AS A BILL BY COUNCILMAN __ ~W~i~l~l~i~a~m~s~------------
A BILL FOR
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD
AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING
MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN
THE CITY OF ENGLEWOOD.
WHEREAS, the City of Englewood, Colorado, is desirous
of entering into a contarct with the State of Colorado, Depart-
ment of Highways, which requires the City to maintain traffic
control devices on state highways and receive payment from the
State of Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1.
That the City of Englewood, Colorado and the State of
Colorado shall enter into a contract captioned "Contract for
Operation and Maintenance of Traffic Control Devices: whereby
the City shall install, operate, maintain and control at State
expense traffic control devices on state highways within the
City of Englewood which is attached hereto, consisting of
seven (7) typewritten pages and is hereby incorporated herein
by reference. Said instrument provides as follows:
1. That prior contract of August 8, 1977 is null and
void.
2. The City shall maintain traffic control devices
on state highways within the City of Englewood
as directed by the State.
3. The City shall notify the State of those devices
ma i ntained.
4. The total cost for said services shall be paid
by the State to the City and not exceed Thirty
Seven Thousand Fifty-three and no/100 Dollars
($37,053.00) except by written agreement. The
rates charged by the City for service shall
be as set forth in Exhibit "B" of said agree-
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5. The traffic control devices shall conform
to the "Manual on Uniform Traffic Control
Devices" and the "Colorado Supplement".
6. The State reserves the right to monitor and
require any deficiency to be brought into
compliance within a reasonable time; and the
State reserves the right to correct any de-
ficiency and deduct the actual cost therefore
from the payment to the Ctiy.
7. The City shall maintain adequate records to
insure that traffic control devices are
properly performing their function.
B. The City shall hold the State harmless so far
as it legally may for the actions of the
City's employees or agents.
9. The contract shall be for a period of one
(1) year, and prior to termination, the City
and State shall meet to determine rates to be
charged for a subsequent year.
10. Attached to said agreement and forming a part
thereof is Exhibit "B" containing rates for
traffic signals at Ninety-two and 40/100 Dollars
($92.40) per signal per month; signing and striping
at One hundred thirty-seven Dollars ($137.00) per
mile per month.
11. Special provisions include approval by State
Controller, availability of State funds, dis-
crimination and affirmat~ve action requirements,
Colorado labor preference, requirement of
compliance with all State laws and that the
signatories aver that no State employee has any
personal or beneficial interest whatsoever in
said contract.
Section 2.
The City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the City of Englewood, Colorado,
to subscribe his name to said contract for and in behalf of the
City Council and the City of Englewood, Colorado, and the Director
of Finance, ex officio City Clerk-Treasurer attest the same and
execute the same.
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Introduced, read in full and passed on first reading
on the 15th day of May, 1978.
Published as a Bill for an Ordinance on the 17th day
of May, 1978.
ATTEST:
~~-ex ~rk-Treasurer
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate ,and complete copy of the
Bill for an Ordinance, passed on first reading and published
as a Bill for an Ordinance.
~~-Treasurer
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lUIS CO:"TitACT. r.-<3dt '"•----~"! of "'-t,y •nd bctwtftll lha
Suto of Cclonl•lot C.o u« ond t>'n•tt ol ~'IA~;:;ralinJlliii._Cll:....ltlii.l:!ll.!U'.'i. •• --.
DIVISIOll o~· HIGII\-11,YS
THE CI't'Y Of ENGLEWOOD STATE OF CQJOR•DO
WHUU:AS. eul'horifr n Jsh • tht b. .~ F ... , lt.a.w l.rn1 •lllart ... •r;wopft.ltC"I a~td o:t.crwlM ... :.e. on6h~S. W o nfrtCicnt untnc~o~mt.nd b'\bM:~ 1\t~tof rriNW nail!'-~ for paymrot ... F•• Nut~tbcr~
CIL Auoual ........ ,~. CoAIDtl &aidlrmu N:a-'" 6$112 · ...
WHEREAS. r.quift" o~ d~ W ceon~Uiad• •• .... ocaNaJ111i6W f,.a ... wilt. 1p~ .
.,....W.: ...
thia contract i.s execute4 unae.r authority of Sectlon8
aanpower to operate ant! ~intaio the traffic control 4ayicea; an4
WHEREAS. the Contractor baa aaequate facilitiea to oper ate. anc!
aai~taiD auch traffic control 4evicea.
' NOW. THEREFORE, it is hereby agreea thata
1. 7be Contract 4ate4 -~Au~ru~•t~~~~~~~VT7~------'
ia hereby 4eclarea null ana voi4.
7be City or ,Town aa Co ntrac tor for the State,
ahall provi4e the manpower, ~qu ipme nt a~a servi c e •
n ecessary to op~r a te ana rA i n t ain certain t raf fi c
control d evices en state highways wi th i n t he city
l ;r.ita, as detcr.:~ined a"d Clirectca b y t he S tate .
l. Th e Contractor shall fr~M tiw~ _to time in con-
sult .,tion tdth ani! upon ai:·Jicc an a app r~va l of t he
S~atc , provide the S~r.tc ·.:ith l istr; i C:enti !yir C)
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•a•, provided that the total c!>arge a to be paid 1: .... ·:"~~-' • •.
by the State during each fiacal year of the con-. .'-~-··:.·~-~·-I.
· :;J ~~~;·~:~~::~~~:~~:.:~0~~~~:· ~iit~_"r
:~ ( ~:=·~. • ·-·· ·:~l, . ; :::s:~::·:::l:o::::rd:: :n::c::~i:: :::1 ;~~:~ • .\~i.~· -:..:.-.\.;:~_.f .. ] ··':'~~' -·"}. ~t~:.:-. ·· .. ::: ::.:~:·~:::.,., ... ·~~ ·"':;£0}J;:.:U:;,:: ~f~·
• -;r ~·:i{ -· --· 5. ·. 'l'be traffic control devices s hall be DAintaine4 r'"""-·~_{,"-:_:~--.:; ::' ~ )~"'"'-~(,:,t ,,_ < .. <: ,~· .. _,.,;..;.,. .... ".,..,. .......... ~ ;; ;,;:;;:k'O'.i?j~;['\.;.:· -.'fff!1.1"· -~ ~~~ ·· ::·:.:.:·::.:::::· ;::::: ::::::::·~r~:.::;~~r!~ · ~-~j?
collectively aa the "Kanual" and incorporated
,;~ ~f;; '· ::·:u: ::::::::-~. "'"' w .. ~-. ... '.· ...•• : :w .. ~ill
~;;::-~J :; quality and adequacy of -i~tenance under thi• .· ~· _,. (~~~:·;..-~-:~
contract. Any deficienciea will be brought
to the attention of the Contractor and a rea-..
aonable time v i ll be allowed for CCJIII>lian-. Ill
the event the Contractor. for any reaaon. aoea
not or cannot comply, the State r e servea the r i gbt
., ·::·: ·.-~ :4d:.::tw: ::t::e c:: :::::e.:.::::: j\-\;.!7·~
. -~;~ ~ ·.j p aymenta to the Contracto r. f' ·i : ··
::;:: ·.:~· . 1 7. 'l'he Contractor v ill 11\Aintain both operational and •
cost recor4s as the parties hereto .ay from tiwe
t o tive agree upon as being necessary to determine
~~e a4equacy of the control d evices , botb opera -
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tion a l ly an4 mechan ically, to perform their i n -
tende4 function. S~i 4 reco r4s shall be a v ail able
fc.r r t.·:i ,..w by the s ~a ~e ~.1r i ng normal "'·or}.i..t'""9 h our:..
8 . "'':,e C':>nt :-actor "'il l h c 1d t~e !;tote t • .:s :-rnleKa ao !ar
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the p~rt!~s hc•·~:.o ll.lv~ ca.usc.:d the: fore-
S'rJ.TE OF COLOAADO
JIICtiJ.RD D. Llll':ll
GO'JERNOR
STJ.TE DEPARTI-IENT OF IIICHWAYS
JJ.CJI: KniSTLINCER
EXECUTIVE DIRECTOR
CITY OF ENGLEWOOD.-COLORADO -.·: _, ?:-"
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Tit:le -----------
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CONTllount 'S AI'I'ROV AL
I . lltla c:onlrwct tflall .-ot k dtt..,. m.t •nti it .hall haw~ approftld •r dw Cotttrolkr ffJI 11.~ Sial~ ..
Celonle • •da ..us&a-.1 • lw ,.., ~e . 'Ria pro..._ ia aprlicabk to.,., c.atnd am.li""-t ctw ,.,~., .....,.., .... _.
fUND AVAILA .. UTY
1. F......a.l .Wiptions ef lk Slat~ ,.r_... •flcr lh~ ntrn'1'1 f"~ ytar an c~M~Ii.,.. ..-, ... f• ... .--..-...,...,..;. ................ --..... ~-
DISCIUMINA TlON AND AFFIRM A TIVl ACllON
t . 11w conlrKt• --""" to comply ...tda ftw len.rr .uwf .-,;t ef ltw ColfW'Me A•MIK'ri .... ._ Ad .I IM1.
at .,...._ •• e6n aprliublt b.-fttiPKi ina '""'"mi ruttoft aiMf unfair mtpiOJ'I"'""I pnldicft (UJ4.Jel, C1tS
1971, • ~) • .., • ·~..._. t.y [,«uliw Otda, [qu.ll Oppottunity .... Affi,..,..., Actio.. .. .,. A.pll 16.
Jt7J. ,.,., .. , ,.,,., llw f .. owittl J'fOfuifiJIU,... k CCJIIIIIM'#W'4 M .. SIM' ~INrll., .t-c-... 1--=a
Dur-, llw paf......::r .,.,. .. c.-tra.r::t , dw c•ll'k'f• • .,... .; ••--=
(I) 11w cot~trxlor wil ftol d ncriNiutr ..,a.intt a111y nnpl.,._ • applicant f• c:wlfll.,.._.t-.... .r
...... an4.,cal01' ... ~ onpa ...... n .... ltalw • .W.-.-alry,MmtJI .... ,.~ .. ~--..
n.e tofttnlrt• _. tal' afr.nMliw _...... to inwrt .._, .,r.c .. b at capltl)'e4. _. that nns"O)'-..
truH d.uri"' .. ,..,..,._...,_ ..,.,h .. c rt..,. to llhr allow IIWfttioned c:handmstia.. s.d .n;o. •• lid ....
... , .-t. li..U.... to ltw fello ..n.a rlt'lploymr•t. •nradina. dnRoliea. • ~-ft!Cftli...._.. •
..-rvitmntt ·~· t.y .. ff. • knnfutfonl , ntn of pay or od..-r f--.t tompi'IIUI'-;..., .a.co.
,_ trunina. ind•d.la .,ptntintllip. 1lw contnct• ..,... •• ,_c ill compicuCMn pl--. .-.. IIMr te
anployen afMI ..,plicanb f• c-mpl•,_.." •ot.icn. t• k p~ -.,. llhr c011tnclilla oll"cu •"ilia ,_. ,..._,.., ..... ~AM-~
(l) 1M contract• -11. ia • ..riiC it.aio• or .batilrmr•ll f• ~.,._. pla::r41 .,. •-~r .A6t
c0111n1e1•. lllak ••• • ~rid .,Piant• wil ~ cOftlliclrn~lioa '• ...p.,.._.c _.._. .... •
ncr, ~7~~tL HI• ... tioNIII ofttia. •• • .uriliii.UlMI.. ftlliaio-. a.mslly, _, .. • .. ,...... ~ .. ...
(l, n. c .. thd• _. .,.. .. adl bb. • .._ • ~181M ef~ •• .W.C. a.•-~
........... ~·-M't.er r.~tr.d., ·*"~ •ot.ica-•• k ........... ., .. ~tr.:U.e ......
...-., 6t b"-•n•~ • •oft.:ft', f~~~Jft~~NUii\li'C el 6r COIII.,..._ .• c_..._.. _...._. ~
o.... 14'u1 Opponooioy on4 Arr.,..o;,. ""'"" .. IM April "· 1975, ..4 ef 6c ...... ........_ _.
~· Onll:n .. 6t ~,_~
(4 ) 1lrc CO fttntl• M4 J..bot ....... f.,.W. • itf_...t;. _. ...... ~., E.aawthlr o..lill.
14'ul Oppaoto oioy on4 ·-'""-., ....... 19'75,-., ........ ~-..41Wno ., .. eo.rr. ... -,..,..,... lhcftle, ... wll per.if..:.. .. u a.oau. ......... ~~~.,. ... ~ .....,. ......... rr.:.., .. c-.. _____ ,__., ....... _ .. _...,._ ..... -............ ,;. ..... _
(S) A .. ._ ........ .._ooil_nd .... _w.-..1_.,_....., ........ _.. ......
~ bbor ..,...t.ut.-. • n,.. •r -.dll ......,. ..._ ~ it ..:t. ...._ ~ •
..... ............ .., ol ill----ill ....... ;..-··-.,..._;ty,-.,._ ......
nl•, •a.. uliOAII....,;.., • ..-,.
(6) Ato-.~o;..,-... ..p.,._._....,_, .. _ ......... -. ........ -.. _,.r_,oco•-ioou._tn<tle .. -...u__,. ____ .,._ __ _
C'OII'Ipl ~ .... ~ ,...-u. ., ... c:.-tr.:t• _,. .......... ~ ......................... .
-...,.lty,le cOINIWI MJ •• *'fi.., ill ••ce.&nd tellc .............,_
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C7) h dw C'W'af ef .... C'-trvl.,~• ....co .... ~ .t6 tlw ....4i.c.-....t;. d-.n •f dNa ~tl'ld •
wi• .,., ef ~ rwlft. .,.a..-.. ., "'*n. lhil c ... trct INI'f M ~ tumi ... t.-4 • ........... til
.... w !. ,.,. -' the ~lr'w:l., ... , ., 4ecl ~ Wi•"Wr for furdMr Sblr contncb ill 8Cdftl.,.. wl6
,_ • ........,.. ~: ........ O.W, E.,ul Oppoot.oity _, Air'"""'"" Adloolel Apol 16, 1975 _.
............................................ ...sa .............. ...,..., ........... -._ ..
............ --._, ..................... Eun'"" O.W, Equ.ol Oppomuoity •• A-
-.,""' ... 1975,-., ........ ..-, ............................. -···· ................. ., ....
(I) 1loo ....,..,_ .. iod ... 6e--el _.... (1) ...... (l)lo...., __ _.
•kaotn<t•.--_..._ ........ ., ............ u-. w -n-...,...-.. Eo-
«Wa, 11ou1 Oppwl...., _. Arr.-t;,. Adiooo el Apol 16,1915,,. ... _. ,...-.......... • ,.._."""' ___ ...... ,.. ... _ ...... _...u.. .... _. .. ..,.~
....... -..... _ .... ......,...,-.•• -., ......... _.,_w-~
.,.._ ,_ ... "., • ..,.~,...,..... •~ ......... t"''fttt .. n.lndw'-:D~M~~~Iil.•~
·-widt, &tiplioo ..;•lhe ............ ---I ...... .,_. ......... ., .. .-.....
~ ... ·-'-'-_, ""'-.. _ efc.l ................ -·;tipllo. ............. _ ., ..... .,Col-
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CllY OF r"XGLEh'OOO
July I, 1971
[XIIJJJT "I" -l•t~s Fo.r Tr•C!ic Co nt rol De\·ices
SlJnlnl and Strlpln1
~ 112, fO per SlJnal per ~ntla
$137 .so ptr mte per ,bntla
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INTRODUCED AS A BILL BY COUNCILMAN ____ W_i_l_l_i_a_m_s ____________ ___
A BILL FOR
AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT
INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS
THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND
PROVIDING FOR THE RECORDING OF THIS ORDINANCE.
WHEREAS, pursuant to Section 22.3 of the Comprehensive
Zoning Ordinance, public hearings were held before the City
Planning and Zoning Commission on December 20, 1978, January 24,
1978, February 7, 22, 1978, to rezone a certain parcel of land
within the City of Englewood R-1-C Residential District, to I-1,
Light Industrial District; and
WHEREAS, on February 22, 1978, said Planning and Zoning
Commission submitted its Findings of Fact, Conclusions and
recommended that I-1 Industrial Zoning be denied, "because to
grant said zoning would not be in the best interests of the ad-
joining single family residential area"; and
WHEREAS, the City Council directed that a public
hearing be held before it on April 10, 1978 with regard to said
rezoning application; and
WHEREAS, at said hearing on said date the Council
received all reports, maps, drawings, memoranda, minutes,
findings and all evidence and other matters theretofore pre-
viously considered by the City Planning and Zoning Commission,
and in addition received further testimony from the owner and
applicant as well as other interested parties; and
WHEREAS, the City Council hereby adopts and incorporates
herein paragraphs No. 1 through 17 inclusive of the Findings of
Fact by the City Planning and Zoning Commission dated February 22,
1978, a copy of said Findings is attached hereto and made a
part hereof by this reference ..
WHEREAS, City Council finds and determines that the
public necessity, convenience, health, safety and good zoning
practice justify the proposed amendment, subject, however, to
a certain Waiver and Conditions hereinafter contained.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
CITY OF ENGLEWOOD, COLORADO as follows:
Section 1. Change of Zone Classification.
That the following described real property shall be
rezoned from R-1-C Residential District, to I-1 Light Industrial District:
Section 2.
Beginning at a point where the centerline
of the City Ditch intersects the north line
of the sw 1/4, NE 1/4, Sec. 9, Tws. ss.,
Range 68 W., of the 6th P.M., Arapahoe
County, State of Colorado; thence W. along
said N. Line to the City of Englewood
City limits line; thence S. along said
line to the S. line of W. Tufts Avenue;
thence E. along the S. line of W. Tufts
Avenue to the centerline of the City Ditch;
thence NE/ly along the centerline of the
City Ditch to the point of beginning; said
parcel containing 6.35 acres, more or less.
Waiver of Use.
That in his application the owner, Rex T. Garrett,
has represented that if the zoning classification is changed
from R-1-C to I-1 as hereinabove set out, the said owner and
applicant will and hereby does waive the right to use or occupy
the land or to use, occupy and erect thereon any structure or
structures designed, erected, altered, used or occupied for the
purpose of, "Automobile Wrecking Yards" and Junkyards".
Section 3. Conditions.
The conditions established and approved by the City
Council and imposed upon the above described real property
classified as I-1, Industrial District, shall be as follows:
a. No Building Permit shall be issued for the
construction or installation of any building
or structure on the subject property or any
portion thereof except in conformance with
a Development Plan which has been approved
and recorded in compliance with S22.4A of
the Comprehensive Zoning Ordinance, or
until a subdivision plat has been prepared,
approved and recorded.
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b. The maximum height of any structure or
building shall not exceed 17 feet above the
natural grade on that portion of the subject
land which lies at an elevation of 5,340
feet or more. The maximum height of any
structure or building below a natural ele-
vation of 5,340 feet, shall not exceed
28 feet in height measured from the natural
grade.
c. There shall be a minimum set back of
40 feet from the centerline of the City
Ditch, or the west property line of Lot
43, Bell Isle Gardens, Arapahoe County,
Colorado, whichever is furtherest west,
to the wall of any building located on the
east one-half of the subject property.
d. At each boundary of the subject property
which abuts or is adjacent to a single-
family residence district, the property
shall be screened as provided in the
Comprehensive Zoning Ordinance or as
approved by a recorded Development Plan
or subdivision plat.
e. Lighting facilities on the property or on
any building or structure located on the
subject property, shall be so arranged
that they will neither shine nor be re-
flected on the adjacent residential properties.
f. No entrance, exit or loading dock shall
be permitted on the east side of any
building which is constructed on the east
side of the subject property; nor shall
any parking, storage of equipment, materials
or trash, or access, other than for emergency
vehicles, be permitted in the area east of
said buildings.
g. All outside storage on the subject property
shall be enclosed by a solid fence or wall
not less than six (6) nor more than eight
(8) feet in height, all trash collection
centers shall be of a covered type and no
outside storage shall create litter, be a
fire or health hazard or create any other
form of public nuisance.
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Sec t i on 4. Zoni n g Map Amended.
The offic i al zoning map of the City shall be and i s
hereby i s amended to conform to the provisions of Sections 2
and 3 of this Ordinance.
Section 5. Waiver and Conditions Binding On Heirs,
Administrators, Executors, Successors
And Assigns.
That the foregoing change in zoning classification is
based upon the Findings of Fact as herein adopted, and upon the
representation by the owner and applicant that he will waive
those certain rights which may be available to him and in lieu
thereof agrees to the Waiver a~ Conditions set forth herein,
which said Waiver and Conditions shall be binding upon the
owner, his heirs, adm i nistrators, executors, successors and
assigns.
Section 6. Ordinance To Be Recorded.
That this Ordinance shall be recorded by the Department
of Community Development with the office of the Clerk and Recorder
of Arapahoe County, Colorado.
on the
Introduced, read in full and passed on first reading
1 5th d a y of May, 1978.
Pub lish e d as a Bi ll for an Ordinance on the ~hday
of May, 1978.
ATTEST:
~~rk-Treasurer
I, William D. James , d o hereby ce rtify t hat the above
and foregoing is a true , accu ra te an d c omplete c opy of the Bi l l
for an Ordinance read i n f ul l and passed on thi s l5th day o f
May, 19 78 .
~~~k-T reas u rer
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CITY PLANNING AND ZONING COMMISSION
CITY OF ENGLEWOOD, COLORADO
CASE NO. 6-77
IN RE: THE APPLICATION OF
REX T. GARRETT FOR REZONING
FROM R-1-C, SINGLE-FAMILY
RESIDENCE TO I-1, LIGHT
INDUSTRIAL.
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) FINDINGS OF FACT, CONCLUSIONS
) AND RECOMMENDATIONS.
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A Public Hearing was held in connection with Case
No. 6-77 on December 20, 1977, in the City Council Chambers
at the Englewood City Hall. A quorum of the City Planning
and Zoning Commission was present, those members being:
Mr. Draper, Mr. OWens, Mr. Parker, Mrs. Pierson, Mr. Smith,
Mr. Tanguma, Mrs. Wade and Mr. Williams. Commission member
Lathrop was absent.
Following the receipt of testimony, a motion was
approved to continue the Public Hearing on Case No. 6-77 un-
til January 24, 1978. Prior to January 24, 1978, the applicant,
with the concurrence of persons present at the Public Hearing
on December 20, 1977 who opposed the application for rezoning,
requested that the Public Hearing be continued until February
7, 1978, and this request was granted by the Planning Commission.
On February 7, 1978, the Public Hearing was continued
on Case No. 6-77, with the following members of the City Planning
and Zoning Commission present: Mr. Draper, Mr. Lathrop, Mr.
McClintock*, Mr. OWens, Mr. Parker, Mr& Pierson, Mr. Smith,
Mr. Tanguma and Mr. Williams. No members were absent. Testimony
was received and again, a motion was made to continue the
Public Hearing to February 22, 1978, on. which date the Public
Hearing was concluded.
The following members of the City Planning and
Zoning Commission were present at the meeting on Feburary 22,
1978 : Mr. Draper , Mr. Lathrop , Mr. Owens, Mr. Parker, Mrs.
Pi e rson, Mr. Smith and Mr. Williams. Mr. McClintock and
Mr . Tanguma were absent .
* Mr. McClintock was appointed by 1he City Council to replace
Mrs. Wade on the City Planning and Zoning Commission, such
appointment being effective on February 1, 1978.
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FINDINGS OF FACT
Upon review of the evidence taken in the form of
testimony, presentations, reports and filed documents, the
Commission makes the following Findings of Fact:
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1. That proper notice of the Public Hearing to
consider the requested rezoning was given by publishing and posting.
2. That the land which was the subject of the rezoning
application is an unplatted parcel described as follows:
Beginning at a point where the centerline of the
City Ditch intersects the north line of the SW 1/4, NE 1/4,
Section 9, Township 5 South, Range 68 West, of the 6th P.M.,
Arapahoe County, State of Colorado; thence w. along said N.
line to the City of Englewood City limits line; thence s.
along said line to the s. line of w. Tufts Avenue; thence E.
along the S. line of w. Tufts Avenue to the centerline of
the City Ditch; thence Ne/ly along the centerline of the City
Ditch to the point of beginning ; said parcel containing 6.35
acres, more or less.
3. That the application for rezoning was filed by
Rex T. Garrett, the owner of the subject property since 1957,
whose business address is 300 East Hampden Avenue, Suite 328,
Englewood, Colorado 80110.
4. That the land which is the subject of this applica-
tion was annexed by Ordinance No. 16, Series of 1959, and that
simultaneously, the land was zoned R-1-A, Single-family Residence
pursuant to Section 6-7 of Ordinance No. 45, Series of 1955.
5. That in subsequent action of the City Council,
t he subject property was zoned R-1-D, a less restrictive single-
f amily zone classification.
6. That in 1963, the R-1-D Zone District was repealed
by action of the City Council and the subject property was
z oned R-1-C, a z one classification comparable to the repealed
R-1-D ; which zone district permits single-family residences
as a Permitted Principal Use, with a minimum lot area of 6,000
square feet, a minimum frontage of 50 feet, a minimum floor
area of 850 square feet and a maximum height of 25 feet.
7. That the land to the north of the subject site
is in Englewood and is zoned I-1, Light Industrial, that the
land to the east is in Englewood and is zoned R-1-A, Single-
family Residence, and that the land immediately to the south
and west of the subject is unincorporated and is zoned R-3,
a single-family r esidence district under the Arapahoe County
Zoning Ord i nance.
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B. That there is industrial development to the
north of the subject site; to the west there is undeveloped
land used in part for storage of materials and a single-
family residence, beyond which there is industrial develop-
ment; and to the south there are three single-family residences
which are adjacent to industrial development on the south
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further, that no permits have been issued by either Arapahoe
County or the City for other than industrial uses in this area since 1970.
9. That the subject site is bounded on the east
by the City Ditch, which ditch is at a higher elevation than
the property owned by Rex T. Garrett.
10. That there are nine single-family houses on
property adjacent to the City Ditch on the east, which are at
a higher elevation than the subject property; thus giving the
occupants of said houses a visual exposure of any development
on the Garrett property which they would not have were they
at the same or similar elevation.
11. That development in the I-1, Light Industrial
Zone District, is limited to industrial uses of a less intense
nature than in the Heavy Industrial District, plus certain
uses which would provide services to the area, and that regula-
tions are established to govern the external effects of said
light industrial uses and to provide screening of the industrial
uses to minimize their visual effect on adjacent areas of a
more restrictive residential nature.
12. That the screening which is required consists
of landscaping and/or the construction of a decorative closed-
face or solid concrete, block, wood or brick wall not less
than six (6) feet high, and that while such screening is
designed to lessen the incompatibility Qetween a residential
district and an industrial district at the same or similar
e levations, it would not necessarily provide the intended
screening effect between an industrial development and an
adjacent residential district which is at a higher elevation.
13. That the applicant, Rex T. Garrett, has no ex-
pressed plans for the development of his property at this
time, although Mr. Garrett has applied for the rezoning of
the subject property previously, proposing to develop the
subject property as either a mobile home park or industrial
park; but such applications have not been favorably referred
to the City Council by the Planning Commission.
14. That access to the subject property is via a
Collector Street, West Tufts ftvenue, on the south and West
Stanford Avenue, a d eadend street, on the north •
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15. That in order to provide a more efficient move-
ment of industrial traffic in this area, it is proposed to ex-
tend South Navajo Street between West Oxford Avenue and West
Tufts Avenue; and that the 60-foot right-of-way for the pro-
posed South Navajo Street is planned to be along the west side of the Garrett Property.
16. That testimony has been given by persons knowledgeable
in the real estate sales, real estate appraising, construction
and banking fields and also written evidence has .been entered
into the record of the Hearing from the insuring office of the
Department of Housing and Urban Development, which supports the
position of the applicant that his property cannot be adequately
developed under the present zone classification.
17. That testimony has been given that leads the
Commission to determine that while certain types of industrial
development on the subject site could have a negative effect
on the adjacent residential property, other uses may not depre-
ciate the value of the adjacent residential development if
certain controls were placed on those uses as to the height of
the structures, access, screening, lighting and external effects.
18. That it is the understanding of the City Planning
and Zoning Commission that they cannot recommend the approval
of a rezoning application based upon conditions being placed thereon.
CONCLUSIONS
1. That proper notice of the Public Hearing was
given and the Hearing was held in conformance with the rules
of procedure adopted by the City Planning and Zoning Commission.
2. That while the property which is the subject of
this Public Hearing may not be properly zoned as R-1-C, Single-
family Residence, it would not be in the best interest of the
adjacent single-family residential area to rezone said property
to the I-1, Light Industrial zone classification.
RECOMMEND.ATION
Therefore, it is the recommendation of the City
Planning and Zoning Commission to the City Council of the
City of Englewood, that the above described land not be
zoned I-1, Light Industrial Zone District.
Upon the vote of the City Planning and Zoning Commission on February 22, 1978.
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Those members voting in favor of the motion not to
recommend the rezoning as requested: Mr. Owens, Mr. Parker,
\ Mr. Smith and Mr. Draper.
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Those members voting in opposition to the motion:
Mrs. Pierson and Mr. Williams.
Those members abstaining: Mr. Lathrop
Those members absent: Mr. McClintock and Mr. Tanguma.
BY ORDER OF THE CITY PLANNING
AND ZONING COMMISSION.
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INTRODUCED AS A BILL BY COUNCILMAN __ -_)t __ ~_.~_·_-_1
__ 0_·_~ ___ J ____ __
A BILL FOR
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD
AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING
MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN
THE CITY OF ENGLEWOOD.
WHEREAS, the City of Englewood, Colorado, is desirous
of entering into a contarct with the State of Colorado, Depart-
ment of Highways, which requires the City to maintain traffic
control devices on state highways and receive payment from the
State of Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1.
That the City of Englewood, Colorado and the State of
Colorado shall enter into a contract captioned "Contract for
Operation and Maintenance of Traffic Control Devices: whereby
the City shall install, operate, maintain and control at State
expense traffic control devices on state highways within the
City of Englewood which is attached hereto, consisting of
seven (7) typewritten pages and is hereby incorporated herein
by reference. Said instrument provides as follows:
1. That prior contract of August 8, 1977 is null and
void.
2. The City shall maintain traffic control devices
on state highways within the City of Englewood
as directed by the State.
3. The City shall notify the State of those devices
maintained.
4. The total cost for said services shall be paid
by the State to the City and not exceed Thirty
Seven Thousand Fifty-three and no/100 Dollars
($37,053.00) except by written agreement. The
rates charged by the City for service shall
be as set forth in Exhibit "B" of said agree-
ment.
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5. The traffic control devices shall conform
to the "Manual on Uniform Traffic Control
Devices" and the "Colorado Supplement".
6. The State reserves the right to monitor and
require any deficiency to be brought into
compliance within a reasonable time; and the
State reserves the right to correct any de-
ficiency and deduct the actual cost therefore
from the payment to the Ctiy.
7. The City shall maintain adequate records to
insure that traffic control devices are
properly performing their function.
8. The City shall hold the State harmless so far
as it legally may for the actions of the
City's employees or agents.
9. The contract shall be for a period of one
(1) year, and prior to termination, the City
and State shall meet to determine rates to be
charged for a subsequent year.
10. Attached to said agreement and forming a part
thereof is Exhibit "B" containing rates for
traffic signals at Ninety-two and 40/100 Dollars
($92.40) per signal per month; signing and striping
at One hundred thirty-seven Dollars {$137.00) per
mile per month.
11. Special provisions include approval by State
Controller, availability of State funds, dis-
crimination and affirmat~ve action requirements,
Colorado labor preference, requirement of
compliance with all State laws and that the
signatories aver that no State employee has any
personal or beneficial interest whatsoever in
said contract.
Section 2.
The City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the City of Englewood, Colorado,
to subscribe his name to said contract for and in behalf of the
City Council and the City of Englewood, Colorado, and the Director
of Finance, ex officio City Clerk-Treasurer attest the same and execute the same.
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Introduced, read in full and passed on first reading
on the 15th day of May, 1978.
Published as a Bill for an Ordinance on the 17th day of May, 1978.
---·--::MA=Yo~R;o-----------
ATTEST:
ex officio City Clerk-Treasurer
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate -and complete copy of the
Bill for an Ordinance, passed on first reading and published
as a Bill for an Ordinance.
ex officio City -Clerk-Treasurer
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Llt.\fii:Ut ll't..:,...lY.:: ,:
-····--------
lUIS CO:'\Tit.ACJ. r.-.:JrdC' this ____ l yt ef ttl-.'' •nd t.c:tWft"A 0.
Slat< ol Cclonlo lor C.< U'< >nd ~:n •r.t .r ~IA~IT.ll.trl:.t!Wi.L~~
DIVISJOII Ot' HlGU!-11,YS
•u~inartn rd"""' •• :s lht Sutc..aNI THE CI~ Of ENGLEWOOD STATE OF m1 opaoo
WHER.£AS. aYr?.ority cdst' in lht Law a:\4 F•_., h.._1wltll ••lJI'I~. arpr.,rUI~ an4 o!trlcrwiM "':le
anib~lc and a sufficient unt"ncumben:4 b:'lbncc l'hcttof rrnuiN nab,\c frw paymralia f"Wil N'u"'bcr ~
C/L Auoual Number 52046 • ConiDcl £ncua'lb~u N:.. .. 'bn 65112 • ...
WHEREAS. uqui..U approd. datanct ad coordiaatl• .al .... lll ac.co •,WW fro• •'"' ..tr\ 11~ .
-.,ncin; ...
thia contract is executed unaer author!~ of Sectiona
that the State shall install, operate, .. intalo and eontro1 at
State expense all traffle control devices on the State Righwa7
System, within cities and incorporated town•• and . -· ·.
WHEREAS, the State aoes not have the necessary equlpme:>t and
a.npower to operate and maintain the traffic control dayices; and
WHEREAS, the Contractor bas aaequate facilities to operate. and ·
.. i:>tain such traffic control devices.
' NON, THEREFORE, ~t is hereby agreea that•
1.
2.
~e Contract datea --~Au~ru~•t~t~~~~~9~77~-----------
is hereby declared null ana vola.
The City or .Town as Contractor for the State,
shall provide th~ manpow~r. ~quipment a~a services
nec~ssary to operate ana r~intain certain traffic
control acvices on state high>~aya within the city
l !r.ita, as detcr;,ined e:oa airect~a by th~ State.
). The Contractor shall from ti~~ .to time in coo-
sult•tion "'ith end up:>n a f.·,icc ana apprc.val of the
State, provide the !itr.tc ·.:ith listG H:t!nti fyir<J
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The r ates t o b" charge d by t he Co n t ract o r uncler
this a g ree me nt shall be as s et fo r th i n Exh i bit .... , p r ovi d a d that the t nfal c h a r ges to be paid
by the State during each fiscal year of the con-
tract term shall not exceed $ --~3~7~·~0=5=3~.00~-------
Tbe rate• in Exhibit "B" shall remain constant
throughout the term of thia contract and shall
be subject to State audit at a~y time during
normal bus i ness houra. The Contractor wi ll bil1
coat records •• the parties hereto may from time
to time agree upon as being necessary to determine
L~e a dequacy of the control d evices , both opera -
tiona lly and mechanically , t o perform their i n -
tended function. Said records shall b e available
fc.!"' rc.·:!,..w by the S:.a -:.e c!Jring normal "'·orl'.i.,.:'"l9 hour:..
I . -:i'~e C ~nl:-ector "'ill held the ~t.,te t~a:"r.lle~s a o f•r
as it leg ... lly ""'Y fro: e c.y end all dam•c;~ or c:l a ins
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resulting directly or indirectly froa negligent
actions of Contractor•• employees or agenta.
The Division of Hig~waya ~ill, through ita
District Engineer, be responsible for wonitoring
this contract for the State. All correspondence
and billing& should be addressed to hia. The
District Engineer'• address for this contract iaa
R. J. Brasher, 2DDD so. Holly, Denver, CO 10222
aignated year •
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g c !=-tg cc:-.~rcct to be C"XCcutcd t~.f: d.,y nnd year fi.rat abo v•
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CONTltoUDt'S AJ't'IIOYAL
I . nil a.RIIWd ...... '-r lttmed -.1.4 •nt~ it than haw~ •PP"VW!jf •r llw Cttntloftn .t ~ Slalf' .I
c--... • .eta ~~ • Itt' _,. 4ai.puil~. n.a ro.iWollil aprlioblt to .ny c.t~tnd &m.l ..... t1w ,., .... _, __,.., .... _.
fUND AYAILAIIIUTY
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by dw tn'ftll of tt.it contrwt.
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DISCRJMINATlON AND AFFIRMATlVE ACTlON
S. 11w contnltlot IJ"ft to comply wid. r9w lrttn" aiWII .m• of 11M' Col..._ AnMIIC'ri..W.Utto. Act ef lts7,.
at anw.-.. M4 elttn •rlicablt b• fnp«lina •i..criminal ion aftd unf~r nnplo)"'ftt'al pnctic:n (14-M-JOI, CU
197). • e.Mtwlr4~ .... • •quitd 'r [u~utM Order. [qd Opp0t1unity aN Afri,..tft-c Actioa. .. .,. A,.t116.
1975. r.,,.,., fllrwlo, ''" fo6••';"1 pro1uj..u JlvJ6 k n~r~t•lttf4 M .It St.,, ~-.INca«.,...,..,.,_.
Own.,~ paf~ of rhil CDfttrxt, 6t contn.l"for • .,_.;f .... :
(I) "'lw contrxtDf .. ;n ftol diw:rimiute apinst any nnpl~ • ..,ta&t for c.piG)'IIIIINt-... .,
nat.. Cft'll'4., col Of. utioul oripn, wa. m~~riul lbiUI, Rlilioa. .celft, ..mtal., ,a.y~ ......... • ....
11w contnct• ... tJI,tt aflirm~t.M anion to in""rt lhal appl;c•b .-r n~~~ployftl. ..t .,, «wtpp8')'--
butrd durin1 emp1oyU~ml , .-ithout ft'pnl to the •bc:not MentionM dundtri.tic:a. s..ct. ectto. tt.• ild •
... , ... bt limited lo the follo..m, ~mploynwnl, •nndina. dnfto&M.. • tnMt,.., ft!CNi.._.. •
n~~:ruitnwnt .d\'n"tki•p: lay•rt• • krmin•tion•. nlrt of,.,.. • OISMr ,.,.. el rompntMI._: aM llllctt.
fot tninin&. indudina apprrnticnhip. 1lw conLrXI• .tp'lft to ,_. ill coMpicMOUI pl--. ..... ..., te
.-,ployen •nd •pliulnu for ~mplo~t. ••lien to ._. ,,..,..,.. .,. 11M-c .. trwt'-& ellic:n •" ... ,_.
pt'O"''istoM .t Dk "oo-djt.crimiMiion ct-.
(::Z) 1lw contractor wil. iD all &ei'"ICitalioM ., .dwutiltrnrt~b f• ~.,._., phtt4 ..,. •-....,, el ..
c:ottb'lcl•. lbk lhal .n ~rd applic.t• wit~ ceNI*nlioa '• ...,.,._.. ..... ..,. •
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f)) 1'1lt c::ontr.ct• wil .m4 to cadit...._ •M.. ... ~tatM el~ -'6 _.... '-r••~
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......, dllot .. .,_ Mfti eft • •orbn', rqttarnta>tM .t ~ a.~'• ~n.r.t _._ 6e b..._
Onleo, ~ Oppcw!voily and AII".-IM AdO.., ..... Apoi 16, 1975, _. ef 6. ........... -. ...
rdfoor.nt~ef~Cow..-.
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~ {)pporuo""J _, Am.-IM ...,_ ef ..... 16, 1975, _.., .......... ,...a...__. Onion oiAo
~. • purs.~Ut ltwftto,-' .cJ ,a.it AIIDC:8l .. U........, .......__....._ .. ..,..._c.~
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~n....e...,..,. --r el ib .... t.rn ill • W .,.,.,._. •f...., ..,..._..;ty,--. .tnr&,~
nl• ......... "'"'-' ........ ..-,..
(6) Alaboo.._........., ........ .,._., ___ ... __ ,..., __ .....,. __
11w .-.., .r..,. ., • ....., • dlilc:MIInd a."'-... .. _, • ......_. .,..,.... .., ,.._ ._
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CITY OF L~GLEI\000
July I, 1971
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INTRODUCED AS A BILL BY COUNCILMAN ____ t( ___ •_-~----~ __ 0 __ }_~~---------
A BILL FOR
AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF
ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT
INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS
THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND
PROVIDING FOR THE RECORDING OF THIS ORDINANCE.
WHEREAS, pursuant to Section 22.3 of the Comprehensive
Zoning Ordinance, public hearings were held before the City
Planning and Zoning Commission on December 20, 1978, January 24,
1978, February 7, 22, 1978, to rezone a certain parcel of land
within the City of Englewood R-1-C Residential District, to I-1,
Light Industrial District; and
WHEREAS, on February 22, 1978, said Planning and Zoning
Commission submitted its Findings of Fact, Conclusions and
recommended that I-1 Industrial Zoning be denied, "because to
grant said zoning would not be in the best interests of the ad-
joining single family residential area"; and
WHEREAS, the City Council directed that a public
hearing be held before it on April 10, 1978 with regard to said
rezoning application; and
WHEREAS, at said hearing on said date the Council
received all reports, maps, drawings, memoranda, minutes,
findings and all evidence and other matters theretofore pre-
viously considered by the City Planning and Zoning Commission,
and in addition received further testimony from the owner and
applicant as well as other interested parties; and
WHEREAS, the City Council hereby adopts and incorporates
herein paragraphs No. 1 through 17 inclusive of the Findings of
Fact by the City Planning and Zoning Commission dated February 22,
1978, a copy of said Findings is attached hereto and made a
part hereof by this reference .•
WHEREAS, City Council finds and de~ermines that the
public necessity, convenience, health, safety and good zoning
practice justify the proposed amendment, subject, however, to
a certain Waiver and Conditions hereinafter contained.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
CITY OF ENGLEWOOD, COLORADO a~ follows:
Section 1. Change of Zone Classification.
That the following described real property shall be
rezoned from R-1-C Residential District, to I-1 Light Industrial
District:
Section 2.
Beginning at a point where the centerline
of the City Ditch intersects the north line
of the SW 1/4, NE 1/4, Sec. 9, Tws. SS.,
Range ~8 W., of the 6th P.M., Arapahoe
County, State of Colorado; thence W. along
said N. Line to the City of Englewood
City limits line; thence S. along said
line to the S. line of W. Tufts Avenue;
thence E. along the S. line of W. Tufts
Avenue to the centerline of the City Ditch;
thence NE/ly along the centerline of the
City Ditch to the point of beginning; said
parcel containing 6.35 acres, more or less.
Waiver of Use.
That in his application the owner, Rex T. Garrett,
has represented that if the zoning classification is changed
from R-1-C to I-1 as hereinabove set out, the said owner and
applicant will and hereby does waive the right to use or occupy
the land or to use, occupy and erect thereon any structure or
structures designed, erected, altered, used or occupied for the
purpose of, "Automobile Wrecking Yards" and Junkyards".
Section 3. Conditions.
The conditions established and approved by the City
Council a n d imposed upon the above described real property
classifi e d as I-1, Industrial District, shall be as follows:
a. No Building Permit shall be issued for the
construction or installation of any building
or structure on the subject property or any
portion thereof except in conformance with
a Development Plan which has been approved
and recorded in compliance with S22.4A of
the Comprehensive Zoning Ordinance, or
until a subdivision plat has been prepared,
approved and recorded.
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b. The maximum height of any structure or
building shall not exceed 17 feet above the
natural grade on that portion of the subject
land which lies at an elevation of 5,340
feet or more. The maximum height of any
structure or building below a natural ele-
vat i on of 5,340 feet, shall not exceed
28 feet in height measured from the natural
grade.
c. There shall be a minimum set back of
feet fro!Tl t-.h., r.enterline of the City
Ditch, --··"' weo .... property line of Lot
43, Bell Isle Gardens, Arapahoe County,
Colorado, whichever is furtherest west,
to the wall of any building located on the
east one-half of the subject property.
d. At each boundary of the subject property
which abuts or is adjacent to a single-
family residence district, the property
shall be screened as provided in the
Comprehensive Zoning Ordinance or as
approved by a recorded Development Plan
or subdivision plat.
e. Lighting facilities on the property or on
any building or structure located on the
subject property, shall be so arranged
that they will neither shine nor be re-
flected on the adjacent residential properties.
f. No entrance, exit or loading dock shall
be permitted on the east side of any
building which is constructed on the east
side of the subject property; nor shall
any parking, storage of equipment, materials
or trash, or access, other than for emergency
vehicles, be permitted in the area east of
said buildings.
g. All outside storage on the subject property
shall be enclosed by a solid fence or wall
not less than six (6) nor more than eight
(8) feet in height, all trash collection
centers shall be of a covered type and no
outside storage shall create litter, be a
f i re or health hazard or create any other
form of public nuisance.
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Section 4. Zoning Map Amended.
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The official zoning map of the City shall be and is
hereby is amended to conform to the provisions of Sections 2
and 3 of this Ordinance.
Section 5. Waiver and Conditions Binding On Heirs,
Administrators, Executors, Successors
And Assigns.
That the foregoing change in zoning classification is
based upon the Findings of Fact as herein adopted, and upon the
representation by the owner and applicant that he will waive
those certain rights which may be available to him and in lieu
thereof agrees to the Waiver and Conditions set forth herein,
which said Waiver and Conditions shall be binding upon the
owner, his heirs, administrators, executors, successors and assigns.
Section 6. Ordinance To Be Recorded.
That this Ordinance shall be recorded by the Department
of Community Development with the office of the Clerk and Recorder
of Arapahoe County, Colorado.
on the Introduced, read in full and passed on first reading
______ day of May, 1978.
Published as a Bill for an Ordinance on the
of May, 1978.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
day
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the Bill
for an Ordinance read in full and passed on this day of
May, 1978.
ex offic1o City Clerk-Treasurer
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CITY PLANNING AND ZONING COMMISSION
CITY OF ENGLEWOOD, COLORADO
CASE NO. 6-77
IN RE: THE APPLICATION OF
REX T. GARRETT FOR REZONING
FROM R-1-C, SINGLE-FAMILY
RESIDENCE TO I-1, LIGHT
INDUSTRIAL.
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) FINDINGS OF FACT, CONCLUSIONS
) AN~ RECOMMENDATIONS.
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A Public Hearing was held in connection with Case
No. 6-77 on December 20, 1977, in the City Council Chambers
at the Englewood City Hall. A quorum of the City Planning
and Zoning Commission was present, those members being:
Mr. Draper, Mr. OWens, Mr. Parker, Mrs. Pierson, Mr. Smith,
Mr. Tanguma, Mrs. Wade and Mr. Williams. Commission member
Lathrop was absent.
Following the receipt of testimony, a motion was
approved to continue the Public Hearing on Case No. 6-77 un-
til January 24, 1978. Prior to January 24, 1978, the applicant,
with the concurrence of persons present at the Public Hearing
on December 20, 1977 who opposed the application for rezoning,
requested that the Public Hearing be continued until February
7, 1978, and this request was granted by the Planning Commission.
On February 7, 1978, the Public Hearing was continued
on Case No. 6-77, with the following members of the City Planning
and Zoning Commission present: Mr. Draper, Mr. Lathrop, Mr.
McClintock•, Mr. Owens, Mr. Parker, Mrs Pierson, Mr. Smith,
Mr. Tanguma and Mr. Williams. No members were absent. Testimony
was received and again, a motion was made to continue the
Public Hearing to February 22, 1978, on. which date the Public
Hearing was concluded.
The following members of the City Planning and
Zoning Commission were present at the meeting on Feburary 22,
1978: Mr. Draper, Mr. Lathrop, Mr. Owens, Mr. Parker, Mrs.
Pierson, Mr. Smith and Mr. Williams. Mr. McClintock and
Mr. Tanguma were absent.
• Mr. McClintock was appointed by ~e City Council to replace
Mrs. Wade on the City Planning and Zoning Commission, such
appoi ntment being effective on February 1, 1978 •
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FINDINGS OF FACT
Upon review of the evidence taken in the form of
testimony, presentations, reports and filed documents, the
Commission makes the following Findings of Fact:
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1. That proper notice of the Public Hearing to
consider the requested rezoning was given by publishing and
posting.
2. That the land which was the subject of the rezoning
application is an unplatted parcel described as follows:
Beginning at a point where the centerline of the
City Ditch intersects the north line of the SW 1/4, NE 1/4,
Section 9, Township 5 South, Range 68 West, of the 6th P.M.,
Arapahoe County, State of Colorado; thence w. along said N.
line to the City of Englewood City limits line; thence s.
along said line to the S. line of W. Tufts Avenue; thence E.
along the S. line of w. Tufts Avenue to the centerline of
the City Ditch; thence Ne/ly along the centerline of the City
Ditch to the point of beginning; said parcel containing 6,35
acres, more or less.
3, That the application for rezoning was filed by
Rex T, Garrett, the owner of the subject property since 1957,
whose business address is 300 East Hampden Avenue, Suite 328,
Englewood, Colorado 80110.
4. That the land which is the subject of this applica-
tion was annexed by Ordinance No, 16, Series of 1959, and that
simultaneously, the land was zoned R-1-A, Single-family Residence
pursuant to Section, 6-7 of Ordinance No. 45, Series of 1955.
5. That in subsequent action of the City Council,
the subject property was zoned R-1-D, a less restrictive single-
family zone classification,
6. That in 1963, the R-1-D Zone District was repealed
by action of the City Council and the subject property was
zoned R-1-C, a zone classification comparable to the repealed
R-1-D ; which z one district permits single-family residences
as a Permitted Principal Use, with a minimum lot area of 6,000
square feet, a minimum frontage of 50 feet, a minimum floor
area of 850 square feet and a maximum height of 25 feet.
7. That the land to the north of the subject site
is in Englewood and is zoned I-1, Light Industrial, that the
land to the east is in Englewood and is zoned R-1-A, Single-
family Residence, and that the land immediately to the south
and west of the subject is unincorporated and is zoned R-3,
a single-family residence district under the Arapahoe County
Zoning Ordinance.
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B. That there is industrial development to the
north of the subject site; to the west there is undeveloped
land used in part for storage of materials and a single-
family residence, beyond which there is industrial develop-
ment; and to the south there are three single-family residences
which are adjacent to industrial development on the southsand
further, that no permits have been issued by either Arapahoe
County or the City for other than industrial uses in this area since 1970.
9. That the subject site is bounded on the east
by the City Ditch, which ditch is at a higher elevation than
the property owned by Rex T. Garrett.
10. That there are nine single-family houses on
property adjacent to the City Ditch on the east, which are at
a higher elevation than the subject property; thus giving the
occupants of said houses a visual exposure of any development
on the Garrett property which they would not have were they
at the same or similar elevation.
11. That development in the I-1, Light Industrial
Zone District, is limited to industrial uses of a less intense
nature than in the Heavy Industrial District, plus certain
uses which would provide services to the area, and that regula-
tions are established to govern the external effects of said
light industrial uses and to provide screening of the industrial
uses to minimize their visual effect on adjacent areas of a
more restrictive residential nature.
12. That the screening which is required consists
of landscaping and/or the construction of a decorative closed-
face or solid concrete, block, wood or brick wall not less
than six (6) feet high, and that while such screening is
designed to lessen the incompatibility ~etween a residential
district and an industrial district at the same or similar
elevations, it would not necessarily provide the intended
screening effect between an industrial development and an
adjacent residential district which is at a higher elevation.
13. That the applicant, Rex T. Garrett, has no ex-
pressed plans for the development of his property at this
time, although Mr. Garrett has applied for the rezoning of
the subject property previously, proposing to develop the
subject property as either a mobile home park or industrial
park; but such applications have not been favorably referred
to the City Council by the Planning Commission.
14. That access to the subject property is via a
Collector Street, West Tufts ftvenue, on the south and West
Stanford Avenue, a deadend street, on the north •
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15. That in order to provide a more efficient move-
ment of industrial traffic in this area, it is proposed to ex-
tend South Navajo Street between West Oxford Avenue and West
Tufts Avenue; and that the 60-foot right-of-way for the pro-
posed South Navajo Street is planned to be along the west side of the Garrett Property.
16. That testimony has been given by persons knowledgeable
in the real estate sales, real estate appraising, construction
and banking fields and also written evidence has .been entered
into the record of the Hearing from the insuring office of the
Department of Housing and Urban Development, which supports the
position of the applicant that his property cannot be adequately
developed under the present zone classification.
17. That testimony has been given that leads the
Commission to determine that while certain types of industrial
development on the subject site could have a negative effect
on the adjacent residential property, other uses may not depre-
ciate the value of the adjacent residential development if
certain controls were placed on those uses as to the height of
the structures, access, screening, lighting and external effects.
18. That it is the understanding of the City Planning
and Zoning Commission that they cannot recommend the approval
of a rezoning application based upon conditions being placed thereon.
CONCLUSIONS
1. That proper notice of the Public Hearing was
given and the Hearing was held in conformance with the rules
of procedure adopted by the City Planning and Zoning Commission.
2. That while the property which is the subject of
this Public Hearing may not be properly zoned as R-1-C, Single-
family Residence, it would not be in the best interest of the
adjacent single-family residential area to rezone said property
to the I-1, Light Industrial zone classification.
RECOMMENDftTION
Therefore, it is the recommendation of the City
Planning and Zoning Commission to the City Council of the
City of Englewood, that the above described land not be
zoned I-1, Light Industrial Zone District.
Upon the vote of the City Planning and Zoning
Commission on February 22, 1978.
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Those members voting in favor of the motion not to
recommend the rezoning as requested: Mr, Owens, Mr. Parker, Mr, Smith and Mr. Draper,
Those members voting in opposition to the motion: Mrs, Pierson and Mr. Williams,
Those members abstaining: Mr. Lathrop
Those members absent: Mr, McClintock and Mr. Tanguma,
BY ORDER OF THE CITY PLANNING
AND ZONING COMMISSION,
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RESOLUTION NO. AI ~ , SERIES OF 1978. ------
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A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE
SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD,
COLORADO, TO PROVIDE SUFFICIENT PUBLICLY OWNED RIGHT OF WAY FOR STREET IMPROVEMENTS.
WHEREAS, the City of Englewood has embarked upon a
spe cial street improvement project commonly known as Paving District No. 25; and
WHEREAS, there is a public need to acquire additional
real property to construct the improvements contemplated by Paving District No. 25; and
WHEREAS, negotiations for the purchase of the properties
herein necessary for the improvements have been in progress since
approximately April 1, 1978 and have been unsuccessful.
NOW, THEREOFRE, BE IT RESOLVED BY THE City Council of the City of Englewood , Colorado, as follows:
Section 1.
That the City Attorney is hereby authorized and directed
to commence action in eminent domain to condemn the following
parcels of real property as authorized by law:
Parcel 07-010
Parcel 08-005
Pa r c el 08-006
Pa r c el 13-004
E. 5 ft. of Lot 8, Ex. s.
11.48 ft. Blk. 1, Vista
Hts. 2nd Flg., Arapahoe County,
State of Colorado.
E. 5 ft. of Tract 6, Blk. 7,
Vi s t a Hts. 2nd Flg., Arapahoe
County, State of Colorado.
E. 5 ft. of Tract 7, Blk. 7, 3iJ<Yj '
Vista Hts. 2nd Flg., Arapahoe S 0 .
County, ·State of Colorado. ~
W. 5 ft. of the N. 1/2 of Lot
Blk, 6, Vista Hts. 2nd Flg.,
County of Arapahoe, State of
Colorado.
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Parcel 14-006
Parcel 14-010
Parcel 15-003
Parcel 15-010
Parcel 16-005
Section 2.
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E. 5 ft. of Lots 6 & 7, Blk. 5, 1 9;"? c{./
Vista Hts. 2nd Flg. , County of C.-7.'~'-<
Arapahoe, State of Colorado.
E. 5 ft. of the
Lot 10, Blk. 5,
Flg. , County of
of Colorado.
No. 70 ft.,
Vista Hts. 2nd
Arapahoe, State
W. 5 ft. of the W. 18 ft. of N. 22 ~"-< -r_
ft. of Lot 3, Blk. 4, Vista Hts. A.,~, '-'C.
2nd Flg., County of Arapahoe, ~ ~ L,
State of Colorado.
w. 5 ft. of Lot 3 & W. 5 ft. of .Jc;e:,
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the N. 20.68 ft. M/L of Lot 4, Ex. -' c(
w. 18 ft. of N. 22 ft. of Lot 3, ~~
Blk. 4, Vista Hts. 2nd Flg. ~
County of Arapahoe, State of
Colorado.
E. 5 ft. of Lots 6 & 7, Blk. 3, 4 ICJ/ £A
Vista Hts. 2nd Flg., Ex. N. 75 ~
ft. of Lot 7 .• County of Arapahoe, ~
State of Colorado. ~f
That the Director of Finance, ex officio City Clerk-
Treasurer, is hereby authorized and directed to appropriate,
set aside and hold for all necessary judgments and awards
sufficient sums to be paid as just compensation to the owners
of the properties to be taken. That such appropriation not
be less than the highest appraisal value for the parcels in
question.
ADOPTED AND APPROVED this _____ day of May, 1978.
MAYOR
ATTEST:
ex officio City Clerk-Treasurer
I, William D. James, ex. officio City Clerk-Treasurer,
of the City of Englewood, Colorado do hereby certify that the
above and foregoing is a true, accurate and complete copy of
Re solution No. , Series of 1978.
ex officio City Clerk-Treasurer
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,·EMORANDUM
TO: Jimmy E. Curnes
Acting City Manager
FROM: Ernest P. Romans
Director, Parks & Recreation
DATE: May 9, 1978
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SUBJECT: LIONS CLUB TRAIN TRACK REPAIR
This is in response to your memo concerning the willingness of the Lions Club to
participate financially in the train trestle improvements at Belleview Park.
I have been informed that the Lions Club can produce $1,500. of the amount
needed to repair the train track. The balance of the amount will have to be
borrowed by the Club unless the City decides to help.
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Ernest P. Romans
Director, Parks & Recreation
cc: Andy McCown, City Manager
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M E M 0 R A N D U M ----------
TO: Andy McCown, City Manager
FROM: E. P. Romans, Director of Parks and Recreation
DATE: Apri 1 27, 1978
SUBJECT: Lions Club Train Repairs
Attached Is a copy of a letter from Gary Diede, Director of Engineering
Services, listing estimates for train repairs. I also attach a copy of a
letter that I sent to Jack Elsloo, President of the Lions Club, with prelimin-
ary estimates.
Mr . Diede and I agreed that on the trestle support, we would rec~nd that only
the track be raised at this time and if the support sinks any this summer, we
will need to place concrete pads under the supports sometime next fall .
Also, we agreed that the existing six foot fence be reinforced Instead of
cutting the fence to four feet and placing a top rail as I had planned.
We shall await further direction from City Council and yourself.
{v,.J_,.t(? CfZvY\~
E. P. Romans, Director
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MIMOUNDUM
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"' Packy Rom ans, Di rector, Parks & DATI: Apr il l7, 1 978
Recreation Department
:M~;~ Gary Diede , Di r ec tor of Engineering S erv i c e s
~liiJECTI BELLEVI EW PARK TRAIN RE PAIRS
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Upon r e v i ew o f the t r ain tracks at Belleview Park, I have come
u p with a c o e t e sti mate for t he repair work. One of the prob-
lems I see i s fi nd i ng someone who is capable of mak i ng the
wide variety of repairs n e eded. I was unable to get in touch
wi th T i ny Town to s e e how they make their repairs because they
are closed until summ e r, so my estimates are based on your
repair list with input from a couple of contractors:
1.
2.
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6.
7.
8.
9.
Raise outside rail on NE corner of trestle
due to trestle settlement ----------------------$ 250
Place metal ba n ds on support posts of trestle
due to spl i nte ring & t o protect posts from
r otti ng ----------------------------------------350
Replace broken boards, re-nail loose boards,
t i ghten bolts on t r estle -----------------------~00
Re i n f orce fence posts on trestle ---------------1,500
Aspha lt between t r acks from depot to creek -----150
Apply wood preservat ive to t r estle -------------1,000
Paint d o ors of tunne l a nd p lan t shrubs i n
enclosed fence area on east side ·----------~----175
Level and straighten tracks and add gravel
between tracks ---------------------------------1,500
Build concrete cut-off wall at tunnel entrance
to prevent kids from digging under -------------200
10. Re-nail and replace necessary planks on creek
bridge -----------------------------------------150
11. Contingency ------------------------------------5 0 0
$6,275 ~£:!-2!
-~~~~: of Engineering Services
GRD/ldo
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March 22, f978
Mr. Jack ~loo, President
englewood Lions Club
2\61 Ridge Road . ·· .
Littleton, co, 80120 _
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Dear Jack:
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1 would llke to suggest that the Llons Club embard on a renovation and repair ,
program for the Lions Club Miniature Train located at Belleview Park. One
trestle support has settled and Is causing some concern. 1be trestle itself .
ls in need of repair and the Umbers need an appllcatlon of preservative. 1
have llsted these repairs that 1 feel are needed as separate iteBls so the Llona
Club can do the ones they feel they can financially handle. . · ·
These estimates are Just taken out of the alr and they may be off quite a blt.
These cost figures include labor and materiala.
l. Raise the second trestle support from the north and place in concrete
footlng. 250. 00
2. Place metal bands around ends of the Umbers that are splltlng and paint
boards to blend ln with timbers. 260. 00
3. Renall all loose boards and tighten all bolts on trestle. 320. 00
4. Add and replace necessary planking and cross supports on trestle. 475.00
s. Reduce height of fence to four (4) feet that is located on trestle and
securely attach fence to trestle. (this may call for extra timbers to
be placed on trestle as well as special made Iron connectors to attach
fence posts) 4, 500: 00
6. Asphalt the small area between track that extends from deporeast to
the vreek.
1. Apply Pentathel to all wood surfaces of trestle.
8. Paint doors of tunnel and plant shrubs in enclosed fence area on east
side
150.00
865.00
175.00
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Mr. Jack Elsloo
March. 22, 1978
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9. Level and straighten tracks and replace small gravel or quartz fines be~een tracks.
! (1, RenaU and replac~ where necessary planks on the creek bridge
11. Contingency
Total
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Ernest P. Romans
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360.00
150.00
1,500.00
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M E M 0 R A N D U M
TO: Andy McCown, City Manager
FROM: William D. James, Director of Finance
DATE: May 11, 1978
SUBJECT: Sinclair Junior High Schoo l Bathhouse Facility Bid
Sealed proposals were received by the office of the Director
of Finance (Purchasing) on May 9, 1978 for the construction
of the Sinclair Junior High Bathhouse facilities.
The following attachments are enclosed:
Attachment 1 -Bid Tabulation
Attachment 2 -Budget Summary
As can be seen on Attachment 1 the bids received are higher
than the architect's estimate for construction costs. We feel
there are two alternatives available in order to complete the
project . One alternative is to award the contract to Fisher
White Contractors in the total amount of $126,060 for the con-
struction of the bathhouse facilities and Alternate 1 -asphalt-
ing additiqnal parking area. We feel this is a feasible alter-
native if the City of Englewood can find an additional $26,310
to increase the current budget by the amount required under
this bid. Therefore, our recommendation on Alternative 1 is
conditional on the City finding additional money to complete the project.
The other alternative is to rebid for two deletions from the
current contract specifications and have city forces complete
those areas deleted. The effect is to reduce the current bids
to a lesser amount. The two areas in question are (1) the
parking lot which can be constructed by the Department of Public
Works and (2) the sprinkler system which can be installed by
the Department of Parks and Recreation. The project will incur
costs to complete these two areas but that would only be for
materials . All labor costs would be charged to the departments.
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Andy McCown , City Manager
Sinclair Junior High School
Bathhouse Fac i lity Bid
May 11, 1978
Page 2
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We recommend Alternative 2 to rebid out of the current bid
the parking lot and sprinkler system if Alternative l is
not acceptable. Those bids would have to be received by
May 29, 1978 in order to make a contract award by June 5, 1978.
~~~~--4 wlillam~~es, Director of Finance
Harry N. Tay l or ,urchasing Agent
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cA"'-..v 1--t ' ( ._I ) .
Ernest Romans ,
Recreation
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attachments
-\t''"'O-•.~ ~
Director of Parks and
of Engineering
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ATTACHMENT 1
BUDGET SUMMARY
Sinclair Junior High Bathhouse Facility
Total Budget $ 120,000
Current ~~~E~~~
Architectural Fees $ 8,900
350
5,000
_6 OOQ
$20,250
Total Available for Construction
Landscaping
Soil Test
Contingencies
$ 99,750
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ATTACHMENT 2
BID TABULATION
Sinclair Junior High School Bathhouse Facility -
Corn ~ Base Bid Alternate 1 Alternate -----
Denwood Construction, Inc. 137,800 2,400 8,100
Williams Construction Co. 133' 500 8,451 6,000 Moran Construction Co. 129,274 5,800 5,300 Frank M. Hall & Co. 128,500 6,000 4, 700
Fisher White Contractors, Inc. 119 '900 6,160 6,260
Maranatha Construction Co. 118 '949 7,731 6, 777
Butler Construction Co. 118,000 8,143 7,666
Engineer's Estimate 96,700 5,900 2,800 Budget 99,750
2 ~
148,300
147,951
140,374
139,200
132,320
133,457
133,809
105,400
Alternate 1 -Consists of asphalt paving and concrete curbs and walks to cover the entire
parking area. Presently base bid only includes paving one half of the parking area with the remaining half in gravel.
Alternate 2 -Consists of covered picnic area, work to include concrete slab on grade and cover structure.
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CITY COUNCIL MEETING
MAY 15 , 1978
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ORDINANCE # 11 , 12 , 13 , 14 , 15
RESOLUTIO, # K, ~ 43 , 44 , 45
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City of Englewood
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May 8 , 1978
TO : Mayor James L . Taylor
,
3400 S. Eta11 Street
Englewood , Colorado 80110
Phone (303) 761-1140
We , the undersi gned , three Council members of the Englewood
City Council , Englewood, Colorado , o hereby request a special
Public Hearing to be held on May 15 , 1978 , for the purpose
of hearing annexation petitions and to take the place of the
Public rlearing on May 8 , 1978 , that was adjourned for lack
of a quorum.
We understand this special Public Hearing will be in conjunction
with the regularly scheduled Council meeting for that date.
Respectfully ,
Cif~Ud--
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INTRODUCED AS A BILL BY COUNCIL MEM BER ----------
A BILL f'OR
AN ORD I NANCE AUTH OR! ZIN G THE ISSUANCE OF
SPEC IAL ASSESS!IENT BONDS OF THE CI TY Of ENGLE-
WOOD, COLORADO, FOR PAVI NG DISTRICT NO. 25 , FOR
THE CON ST RUC TION AND INSTALLATION Of STREET AND
ALLEY PAVING, CU RB AND GUTTER AND SID EWI\Lit
IMPROVE!IEN TS, IN SAID DISTRICT; PRES CRIB ING THE
FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT
OF SAID BONDS AND THE INTEREST THEREON.
WHEREAS, for the purpose of constructing and installi119
street and alley paving, curb and gutter and sidewalk i-.prove-
ments, toge ther with necessary incidentals on certain atreet..s and
alleys, Pav i ng District No. 25 in the City of Englewood has been
doly created by Ordinance No. 3 Series of 1978, of said City,
fi nally adopted and approved on March 6, 1978; and
WHE REAS, the City Council has determined that the
coat of the construction and installation of the street and allay
paving, curb and gutter and sidewalk improvements, together with
neceasary incidental costs, which will be assessed against tbe
property included within the district, shall not exceed the ..aunt
of $76 7 ,100, and that bonds of the City for said Di&trict should
be isaued in this amount; and
WHEREAS, in accordance witb the City Charter and a
resolution passed on April 4, 1978, the City Council baa ad-
vertised for the sale of Special Assessment Bonds and said bonds
in the amount of $767,100 have been awarded to Kirchner, Moore •
Company, Denver, Colorado ; and
WHEREAS, it is now necessary to provide for the issuance
of said bonds and the form and payment thereof;
BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Bond Details. By virtue of and pursuant to
the Charter and the Laws of the State of Colorado, Special Assess-
ment Bonds of the City of Englewood for Paving District No. 25
shall be issued for the purpose of paying for local iropr ove,..nt s
constructed in the District. The bonds shall be in the principal
amount of $767,100, shall be dated June 1, 1978, and shall
consist of 767 bonds in the denomination of $1,000 each, numbered
1 to 767, inclusive, except that Bond No. 1 shall be in the
denomination of $1,100. The Bonds shall be payable to beare r, and
shal l be due and payable on June 1, 1989 , subject to call and
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prior payment on any interest payment d ate, in direct numerical
order, upon payment of par and ac c rued interest. Notice of such
prior redemption shall be published in a newspaper of general
circulation in Englewood, Colorado, one tiae at least 30 day s
prior to the date of redem p tion. In addition, a copy of s u ch
Notice shall be maill!d at the time of publication to the original
purchaser of the Bonds.
The Bonds shall bear i nte rl!st payable on June l, 1979,
and aemi-annually thereafter on June 1 and December 1, each year
according to intl!reat coupons designated "A" as follows:
"A" Coupon
Amount Bond Nulllbers Interest Rate
$267,100 1 to 267, incl. 4.60'
145,000 268 to U2, incl. 4.80'
95,000 U3 to 507, incl. 5.oo•
75,000 508 to 582. incl. 5.10'
75,000 583 to 657 , incl. 5.20'
55,000 658 to 712, i nc l. 5.25'
55,000 713 to 767, incl. 5.30'
In addition to the •A• coupon i nterest r atea set forth
above, all of said bonds bear additional i nterest as evidenced by
supplemental interest coupons dl!signated •a•, for the period fra.
July l, 1978 to the dates indicated below, or to the payment date
of the bonds, whichever is t he earlier 4ate. The •a• i ntereat
sball be payable on the same datea as the "A" interest coupons
during said period of tinoe:
•a• Coupon From July 1, 1918
Bond NIJIIbers Interest Rate to June l' 1979
l to 267, incl. 1.20\
268 to U2, i nc l . 1.20\
413 to 507, i ncl . 1.20\
508 t o 512, i ncl. 1.20'
58 3 t o 65 7, incl . 1.20'
6 58 to 712, i nc l. 1.20\
713 to 7 67, i ncl. 1.20\
The nl!t effective interest rate of this issue of Bonds
is 5 .35 9 \ per annua.
The principal of and 1nterest on said bonds sha ll be
paya ble at The First Na tional Bank of Englewood , in Englewood ,
Co l ora do .
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Section 2. Exec u tion of Bo nds and Interest Coupons.
T h e Bonds shall be signed with the facsimile signature of the
Mayor, attested and countersigned by the manual signature of
the Director of Finance, ex-officio City Clerk-Treasurer, with
a facsi~ile of the seal of the City affixed thereto, and the
interest coupons attached shall be signed with the facsimile
signatur e of the Di rector of Finance. When issued aa aforesaid ••
part of said bonds, the interest coupons shall be the binding
obligations of the City according to their import.
Should any officer vhose manual or facsiaile signature
appears on said bonds or the coupons attached thereto cease to be
sucb officer before delivery of the bonds to the purchaser, sucb
aanual or facsimile signature shall nevertheless be valid and
sufficient for all purposes.
Section l. Form of Bond and Interest Coupons. The
bonds and the interest coupons to be attached thereto shall be in
substantially the following form:
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STATE OF COLORADO
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(Form of Bond)
UNITED STATES OF AMERICA
CITY OF ENGLEWOOD
PAVING DISTRICT NO. 25
SPECIAL ASSESSMENT BON D
,
COUNTY OF ARAPAHOE
No. $1,100
$1,000
The City of Englewood, in the County of Arapahoe,
State of Colorado, for value received, hereby promises to pay to
the bearer hereof, out of the special fund hereinafter designated,
but not otherwise, the principal sum of
ONE THOUSAND ONE HUNDRED DOLLARS
ONE THOUSAND DOLLARS
in lawful money of the United States of America, on the lat day
of June, 1989, with interest thereon at the rate of
per centum ( ____________ \) per annw.
as evidenced by interest coupons designated •A• fr011 date until
payaent, payable on June 1, 1979 and semi-annua~ly thereafter on
June l and December 1 each year, and additional interest ••
evidenced by supplemental interest coupons designated •a•, at
the rate of per centua
________ ,,) per annwa for the period froa 1, 1978
l, 197_, or to the payment date of this Bond, to
omicllever is the earlier date, and payable on the same dates as
the "A" interest coupons during said period of tiae. Both prin-
cipal and interest are payable at The First National Bank of
Englewood, in Englewood, Colorado, upon presentation and surrender
of the attached coupons and this Bond as they severally beco~ due
or are called for payment.
This Bond is subject to call and redemption in direct
numerical order of the issue of which it is one, on any interest
payment date, upon payment of par and accrued interest to the
date of redemption. Notice of such prior redemption shall be
published in a newspaper of general circulation in the City,
one time at least thirty (30) days prior to the date of redemp-
tion.
This Bond is issued for the purpose of paying part of
the costs of constructing and installing street and alley pavin9,
curb and gutter and sidewalk improvements , together with necessary
incidentals in Paving District No. 25 , in the City of En g lewood,
Co lorado, by virtue of and in full conformity with the Cons titu-
tion and La ws of the State of Co lorado, the Charter of the City,
>nd an Ordinance of the City duly adopted, approved , published and
made a law of said City prior to the issuance hereof.
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P a y ~e nt of this Bo nd a n d t h e i nt er es t t h ereon s hall ~
be made fr om , and as security for s u ch p a yme nt the re is pl ed g ed,
a s?ec i a l fun d d esign a t ed as th e •pa v i ng Dist r ic t No . 2 5 Bond
a n d Inter e s t F und•, wh ich Fund s ha ll c ontain i n i t ial ly any monies
i n the c o nstruction a c cou n t remain ing af ter t he cost of i mpr o ve-
me nt s h as be en paid i n f u l l and t herea ft er to conta i n t he pro ceeds
f rom spe cial as ses s ments to be l ~v ied against th~ property i n-
c lu ded within the Dist r i ct and speci ally benefited by the con-
s truct ion and i n stallation of improvements therein . 'ftle assess-
~ents to be l e vied will cons t itute a l i en on and a9ainst each lot
or tract of land i n t he respect i ve amounts to be apport i oned by an
ord i nance of the City .
In a d d i tion, the ordinance authorizin9 the i ssuance of
b o nds of this issue prov i des that in accordance wi th the City
Ch a r ter, whe n~ver four-fifths ( 4/5) of the bonds of this is a.,.
have been paid and cancelled, and for any r easo n the r e maining
assess10ents are not paid in ti•e to take up the remaining bonds
and the interest the reon, then t he City shall pay sa i d bonds when
due and the inte r est due th ereon and r ~i mburae itself by col-
le ct i ng th e unpa i d asseasme nts due the Di strict.
Th i s Bond doea not c o n sti tute a debt of the City of
Englewood with i n the mean i ng of a ny constitutional, statutory
or charter limi tation or prov i s i on , and •hall not be considered
or held to be a general obligation of the City.
It is hereby certified and recited that all requirement•
of law have been fully complied with by the proper officers of the
City i n the i ssuance of this Bond, and that the total amount of
this issue doe s not exceed the cost and e x pense of said i mprove-
ments or any lim i tat i on prescribed by law .
For the payme nt of this Bond and the i nterest thereon
t he C i ty pledg ~s all of i t a lawf ul corporate powers.
I ll TE STIMONY WHEREOF, The City of Englewood baa cauMd
t his Bond t o be signed with the facsim il~ signa t u r e o f the ftllyor,
attes t e d and countersigned by the manua l signat ure of the Di r ector
of Fin a nce , e •-o ff i cio City Clerk-Treasurer, with a facsimile of
the seal of the City aff i xed her e to, and t h e interest coupons
attached hereto to be signed wi t h th~ facsimile signature of the
Dire ctor of F i nance, ex-o f ficio City Clerk-Treasurer, as of the
1 s t day of June , 1 978.
(FAC S I MILE)
( 5 E ,\ L )
ATTEST ED AN D COUN TERS IG NED :
(Ma nual S i g na ture)
Di r e c to r of F i nance
e x -of fi cio City Clerk-Tr easurer
CITY OF ENGLE WOOD , COLORADO
By (Fac sim ile Sig nat u re)
Ma y or
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(Fo rm o f Interest Coupons)
'lo.
June,
On t h e 1st day of December, 19 __ , unless the Bond to
which this coupon is attached has been called for prior redemp-
tio n, the City of Englewood, in the County of Arapahoe and State
of Colorado, will pay to bearer the a mo11nt shown hereon in law-
fill money of the United States of America, solely out of the
special f11nd referred to in the Bond to which this co11pon is
attached, at The First National Bank of Englewood, in Englewood,
Colorado, being interest then d11e on its Special Assessaent
Bond for Paving D istrict No. 25, dated June 1, 1978, beari09
No.
D1rector of 1nance
ex-officio City Clerk-Treasurer
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Sectio n 4. Disposition o f Bond Proceeds . The proceeds
o f said bonds s oa ll be applie d o nly to pay th e cost s and expenses
of c on structing and ins t all i ng improvements i n said District and
all othe r cos ts and expenses incident thereto. In the event that
all of the proceeds of said b o nds are not required to pay such
costs and expenses, any remaining amount shall be paid into the
special assessment fund for the p u rpose of calling in and paying
the pr incipal of and inter,.st on said bonds. Neither the pur-
chasers of said bonds nor any subsequent holder of the same ahall
be res pons ibl,. for th,. application of the proceeds of said bonds
by the City or any of its officers.
All or any portion of the bond proceeds may be
temporarily invested or reinvested, pending such use, in securi-
ties or obligations which are lawful investments for such munici-
palities in the State of Colorado. It is hereby covenanted and
agreed by the City that the temporary investment or reinvest.eM
of" the bond proceeds, or any portion thereof, shall be of such
nature and extent, and for such period, that the bonds of the City
shall not become •arbitrage bonds" within the meaning of Section
103(c) of the Internal Revenue Code, and pertinent regulations,
and such proceeds, if so invested or reinvested, shall be subject
to the lim i tations and restrictions of said Section 103(c), u the
same now exists or may later be amended, and shall further be
subject to any applicable regulations of the Internal Revenue
Service.
Section 5. Paving District No. 25 Bond and Interest
The bonds and the interest thereon shall be payable ~-
solely fro• the local improvement fund, designated as the "Paving
District No. 25 Bond and Interest Fund", which shall contain
initially any monies in the construction account rem.alninCJ
after the cost of improvements has been paid i n full and there-
after to contain the proceeds fro• special assessments to be
l,.vied against the property withi n the Distric t and s p,.cially
ben ~f it,.d by the construction of improv ,.menta therein.
When ther,. is on hand a sufficient amount to
pay six months' interest on outstanding bonds fo r the District,
the City shall call fo r payment, on the next interest payment
date, outstanding bonds in direct numerical order with funds
available therefor. Notice of call and redemption shall be giv,.n
by advertisement one time in a n@wspaper havin=:i general circul a-
tion in the City , at le ast thirty (30) days prior to the dat e
of redemption. The notic,. shall specify by numbe r t he bonda
called, and all such bonds shall be paid in their direct numerical
o rder. The hold,.r of any such bonds may at any tim,. furnish his
or h er post office address to t h e Director of Finance, and in such
ca s e a copy of the advertisement shall be mailed to th,. bon d -
ho lder, at such address, on or about the day of such publication.
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After the expuat i on of the period for cash pay-
-n ents of asse ss me nts in f ull, the City shall, to the extent
pos sible, p ay each year not less than 10' of the total amount of
bonds outstanding after the payment of the bonds with the proceeds
o f such cash payme nts of assessments in full.
Se ct i on 6. Additional Security for the Payment of
Pr in c1pal and I n terest. In addition, in accordance with the
City Charter, wh ene ver four-fifths (4 /Sl of the bo~ds of this
i ssu e h ave been paid and cancelled, and for any reason the re-
maini ng assessments are not paid in time to take up the remaining
bonds and the interest thereon, then the City shall pay said banda
when due and the interest due thereon and reimburse itself by
collecting the unpaid assessments due the district.
Section 7. Assessment of Costs. The City Council
covenants that upon completion of the local improvements, or upon
c011pletion from time to time of any part thereof, and upon ac-
ceptance thereof by the Council 1 or whenever the total cost can be
definitely ascertained, it will cause a statement showing the
total cost of the improve~~ents to be prepared and filed in the
office of the Director of Finance. The City Council shall further
cause assessments to be levied against the property incl~ded
within the special improvement district and specially benefited by
the construction and installation of such improvements, in ac-
cordance with law and the Charter of the City.
Section B. 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 provi sions of this Or dinance, it being the
intention t h at the various provisions hereof are severable.
Section 9. Repealer. All Ordinances or parts thereof
in conflict with this Ordinance are hereby repealed.
Section 10. Ordinance Irre peala ble . Af ter said bonds
are issued, this Ordinance shall be and remain ir repealable
until said bonds and the interest thereon shall have been fully
paid, satisfied and discharge d.
Section 11. Publication and Effective Date. Th i s
Ord inance after its final passage , shall be numbered and recorded,
and the adoption and publi cation shall be authenticated by the
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sig natu r e o f t he r-tay or and the Director of Finance, ex-officio
Ci ty Clerk-Tre asurer, and by the Certificate of Publication. Thia
ordinance s hall become effective thirty (30) days after publica-
tion following final passage.
I NTROD UCED AND READ This 15th day of May, 1978.
( S E A L
Mayor
ATTEST:
Dlrector of F1nance
1978. *fiNALLY PASSED AND ADOPTED Thia 5th day of June,
( S E A L )
ATTEST: Mayor
D1rector of F1nance
• (The follow i ng to be omitted from publication following f irat
reading and to be inserted in the publication following final puaage. I
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INTRODUCED AS A BILL BY COU NCIL ME MBER ~~
ORDI NANC E NO.
A BI LL FOR
All O RDI!lA NC E AUTH ORIZI!l G THE ISSUANCE OF
SPECIAL ASSESSMENT BONDS OF TH E CI TY OF ErlGL£-
WOOD, COLORADO, FOR PAVING DISTRICT NO. 25, FOR
THE CONSTRUCTION AND IrlSTALLATION OF STREET AND
AL LEY PAVING, CURB AND GUTTER AND SIDEoiALit
IMPROVEME!lTS , IN SAID DISTRICT; PR ES CR ISING THE
FORM OP THE BO!lDS; AND PROVIDING FOR THE PAYMENT
OF SAID BONDS AND THE INTEREST THEREON.
WHEREA S , for the purpose of constructing and installing
street and alley pav i ro , curb and gutter and aidewalk iiOprove-
menta, together with necea s ary incidentals on certain atreeta and
alleys, P avi ng District No. 25 in the Ci t y of Englewood has b •en
duly created by Or d in anc e No. 3 Series of 1978, of said City,
finally adopted and approved on March 6, 1978r and
WHEREAS, the City Coun cil has deter•ined that the
ccst of the construction and instal lat io n of the street and alley
p•ving, curb and gutter and sidewalk im p rovements, toqether wi th
neceasary incidental costa, wh i ch will be aaaessed againat the
property included with in the d is trict, sh all not exceed the amount
of $767 ,100, and that bonds of the C ity for said District should
be issued in this a.ount; and
WHEREAS, in accordance with the City Charter and a
resolution passed on April 4, 1978, the City Council has ad-
vertised for the sale of Special Assessment Bonds and said bonds
in the amount of $767,100 have been awarded to
lf?'t'dntu ~"' ~· .. ~----
WHEREAS, it is now necessary provi for the issuance
of said bonds and the form and payment thereof;
BE IT ORDAINED BY THE CITY COU!lCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. Bond Details. By virtue of and pursuant to
the Cha rter and the Laws of the State of Colorado , Special Assess-
ment Bonds of the City of Englewood for Paving District No. 25
shall be issued for the purpose of paying for local imp rovements
constructed in the District. The bonds shall be in the principal
amount of $767,100, shall be dated June 1, 1978, and shall
consist of 767 bonds i n the denomination of $1,000 each, numbered
1 to 767, inclusive , except that Bond No. 1 sha ll be i n the
denomination of $1,100. The Bonds shall be pa yab le to bearer, and
sha ll be due and payable on June 1, 198 9, subject to cal l and
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prior payment on any interest payment date, in direct numerical
~rder, upon payment o f par and accrued i nterest . Notic@ of aueh
prior redemption shall be publ i shed in a newspaper of general
circulation in Englewood, Colorado, one ti~e at leaat 30 daya
prior to the date of redemption. In addition, a copy of auch
n otice ahall be mailed at the t ime of publication to the original
?urch as e r of t h e Bo nds.
The Bon d s shall bear interest payable on June 1, 1979,
and aemi-annually thereafter on June 1 and December 1, each year
according to interest coupons de sig nated •A• as f~llova:
"A" Coupon
~ Bond Number& Interest Rate
$267,100 1 to 267. incl. -¥.60
145,000 268 to 412, incl. "/. HO
95,000 413 to 5 07. incl.s. o o
75,000 508 to 582, incl..S. 1 0
75,000 583 to 657. incl..S. z-o
55,000 658 to 712, incl.S . ~ ~
55,000 713 to 767, incl. 6. 3 o
In addit i on to the •A• coupon i nterest rates set forth
above, all of aaid bonds bear additional i ntereat a• evidenced by
a~ leme t 1 interest coupons designated •a•, for the period fraa
1, 1978 to the date& indicated below, or to the
of the bonds, wh i chever ia the earlier date. Tbe "B"
interest &hall be payable on the same dates as the "A" intereat
coupon& during said per i od of ti111e:
•a• Coupon
Bond Numbers Interest Rate
1 to 267, incl. /.2
26 8 to 412, i ncl. ! 413 to 5 07, incl.
508 to 582, incl.
583 to 657. incl.
658 to 712, incl.
71) to 767, incl.
The net effective interes t rate of this issue of Bonda
is $ 359. \ per annum.
The principal of and interest on said bonds shall be
payable at The First National Ba nk of Englewood, i n Eng lewood,
Colorado.
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Section 2. Execut i on of Bonds and Interest Coupons.
The Bonds shall be signed with t h e facsi mile signatura of the
Mayor, attested and countersigned by the manual signature of
the Director of Finance, ex-o fficio City Clerk-Treasurer, with
a facsimile of the seal of the City affixed thereto, and the
interest coupons attached shall be signed with the facsi•ile
signature of the Director of Finance. When i ssued aa afor e said as
part of said bonds, the interest coupons shall be the binding
obligations of the City according to their import.
Should any officer whose manual or facsi•ile signature
appears on said bonds or the coupons attached thereto cease to be
such officer before delivery of the bonds to the purchaser, such
manual or facsimile signature shall nevertheless be valid and
sufficient for all purposes.
Section J. Form of Bond and Interest Coupons . The
bonds and the intere~t coupona to be attached thereto shall be ia
substantially the following form:
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(Form of Bond)
UN ITED STATE S OF A:1ERICA
STATE OF COLORADO COUNT¥ OF ARAPAHOE
No.
CITY OF ENGLEWOOD
PAVING DISTRICT NO. 25
SPECIAL ASSESSMENT BOND
$1 ,1 00
$1,000
Th~ City of Englewood, in the County of Arapahoe,
State of Colorado, for value received, hereby proatises to pay to
th~ bearer h~reof, out of the special fund h~reinafter d~s1gnated,
but not otherwise, the principal sua of
ONE THOUSAND ONE HUNDRED DOLLARS
ONE THOUSAND DOLLARS
i~ lawful money of the United 5tates of America, on th~ lst day
of Jun~. 1989, with interest thereon at the rate of -------------
per centum ( _______ ll per annua
aa evidenced by interest coupons designated •A• fr011 date until
payment, payabl~ on Jun~ 1, 1979 and semi-annually th~reafter on
June 1 and December 1 each year, and additional interest aa
evidenced by supplemental interest coupons des ig nated •a•, at
the rata of per c~ntu•
_________ tl per annum for the period fro. 1, 1978
to 1, 197_, or to th~ payment date of this Bond,
which~ver ia th~ ~arlier date, and payable on the saJIIe dates as
the •A• inter•at coupons during said period of time. Both prin-
cipal and interest are payable at The First National Bank of
Englewood, in Englewood, Colorado, upon presentation and surrender
of the attached coupons and this Bond as they severally be~ due
or are called for payment.
This Bond ia subject to call and redemption in direct
numerical order of the issue of which it is one, on any interest
payment date, upon payment of par and accrued interest to the
date of redemption. Notice of such prior redemption shall be
pub1ish~d in a newspaper of general circulation in the City,
one time at least thirty (30) days prior to the date of redemp-
tion.
This Bond is issued for the purpose of paying part of
the costs of constructing and installing street and alley pavin9 ,
curb and gutter and sidewalK improvements, together with necessa ry
incidentals in Paving District No. 25 , in the City of Eng lewood,
Colorado, by virtue of and i n full conformity with the Co nstitu-
tion and Laws of the State of Colorado, the Charter of t ~e City ,
and an Ordinance of the City duly adopted, approved, pu b li o1 ed and
~aJe a l a w o( said C ity pr io r t~ tne i sJ uance h e r ~~f .
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Payment of this Bond and the interest thereon 5h all
be made from, and as security for such paymen t thert~ is pledged,
a special fund desiqnated as the "Pav ing District No. 25 Bond
and In terest Fund•, wh ich Fund shall contain i n itially any mo nies
i n the construction account remaining after the cost of i "TTp rove-
ments has been pa i d in full and thereafter to contain the proceeds
from special assess:nents to be levied against the propert y in-
cluded within the Dis trict and specially benefited by the con-
struction and ins tallation of improvements therein. The assese-
~~n ts to be levied will cons titute a lien on and againat each lot
or tract of land in the respective amounts to be apportioned by an
ordinance of the City.
In add it ion, thf! ord ina nee authorizing the issuance of
bonds of this issue provides that in acc ord ance with the City
Charter, ""•never four-fifths ( 4 /5) of the bonds of this issue
have been paid and cancelled, and for any reason the re111aininq
assf!ssraenta are not paid in tilfte to take up the rtraainini bonde
a nd the interest thereon, then t h e City shall pay said bon1s w~en
due and the interest due thereon and reimburse itself by col-
lectinq the unpaid assessments due the District.
Thia Bond does not co nstitute a debt of the City of
Englewood within the meaning of any constitutional, statutory
or charter liaitation or provision, and shall not be considered
or held to be a general obligation of the City.
It is hereby certified and recited that all requireftenta
of law have been fully coaplied with by the proper officer5 of the
City in the issuance of this Bond, and that the total aiiOUnt of
this issue does not exceed the coat and expense of said improve-
ments or any limitation prescri bed by law.
Por the payment of this Bond and the interest thereon
the City pledges all of i t s lawful corporate powers.
IN TESTIMONY WHEREO F, The City of Englewood has caused
this Bond to be signed with the facsimile s i gnat ure of the Nayor,
attested and countersigned by the manual signature of the Director
of Finance , ex-officio City Clerk-Treasurer , with a facs i11ile of
the seal of the City affixed hereto, and the interest coupons
attached hereto to be siqned with the facsillile siqnature of the
Director of Finance, ex-officio City Clerk-Treasurer , as of the
1st day of June, 1978.
(FACSIMILE)
( S E A L )
ATTE STED AND COUNTERSIGNED :
-----~-~~nua~'!_at ure)
Dir ~c tor of Finance
~x-officio City Cl e rk-Trea surer
CITY OF ENGLEWOOD, COLORADO
By _____ (Facsimile Signature)
Mayor
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(Form of Interest Coupons)
No . $ ___ _
June,
On the ht day of December, 19__ unless the Bond to
which this coupon is attached has been called for prior r~demp
tion, the City of Englewood, in the County of Arapahoe and State
of Colorado, will pay to bearer the amount shown hereon 1:> la-
ful money of the United States of America, solely out of the
special fund referred to in the Bond to which this cou po n is
attached, at The First National Bank of Englewood, in En9hwoocl,
Colorado, being interest then due on its Special Assessment
Bond for Paving District No. 25, dated June 1, 1978, bearing
llo.
_____ L~~~:~~~~e 0~i'~~~~~=l
ex-officio City Clerk-Treasurer
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Section 4. £!.!!2~~!.~~-~'].c!_~~~· The proceeds
of said bonds shall be appl i ed o nly to pay t~e costs and expenses
of constructing and installing improvemen ts in said District and
all other costs and eK?enses incident th~reto. In the event that
all of the proceeds of soid bonds are not required to pay such
coats a nd exp@nses, any remaining amount shall be paid into t he
special assessment fund for the purpose of cal ling in and payini
the principal of and interest on said bonds. Neither the pur-
c h aaers o f s aid bonds nor any subsequent ho l d er of the sa ~e shall
be responsible for the application of the proceeds of said bonds
by the City or any of its officers.
All o r ony po rtion of the b o nd proceeds ,ay be
temporarily invested or reinvested, pending such use, in securi-
ties or obl ig ations which are lawful investments for such munici-
palitit!s in the State of Colorado. It is hereby covenant~d and
agreed by the City that the temporary investment or reinvestment
c. f the bond procee Js, or any port ion thereo f, shall be c !: such
nature and extent, and for such period, that the bonds of t ~e City
shall not beco11e •arbitrage bonds" within the meaning of Section
lOl(c) of the Internal Rev e nue Code, and pertine nt regulat!.ons,
and such proceeds, if so invested or reinvested, shall be sabject
to the limitations and r estric tions of s aid Section 103(c), as the
same now exiats or may later be amended, and shall further be
subject to any applicoble regulations of the Internal Revenue
Service.
Section 5.
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Paving District No. 25 Bond and Interest
The bonds and the i nterest thereon sha ll be payabl•
solely free the local improvement fund, designated as the "Pavin~
District No. 25 Bond and Interest Fund", which shall contain
initially ony monies in the con st ruct ion account remoinin;
after the cost of improvements hos been paid in ful l and there-
after to conta in the proce eds from special assessments to b e
levied against the property wit hin th e Dist rict and specially
benefited by the construction of improvements therein.
When there is on hand a sufficien t omount to
pay six months ' interest on outstondlng bonds for the District ,
the .City shall call for payment, on the ne xt interest pay ment
date, outstanding bonds in direct numerical order wit ~ fu nds
av3ilable therefor. Notice of call and redemption shall be given
by advertisement one time in a ne.,spape r hovin, general circula-
tion in the City, at least thirty (30) days prior to the date
of r edemption. The notice shal l specify by number the bonds
called , and all such bonds sh all be paid in t hei r direct nu m~ric al
order. The holder of any s~ch bonds ·uy at ~ny time f •Jrn is h his
o r her post office address to the Director of Finance , and l1 such
case • copy of the advertisement sh all be maile d to the b?nl-
\.;~J lder, at such clJdrP.ss , 'ln or l!.>":>Jt t 1le day of 'i.Jch p.Jblic;.tiln .
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lifter the expiration o f the period for cas h pay-
ments of assessments in full, the City shall, to the extent
possible, pay each year not less than 10' of t h e total amount of
bonds out stand ing af te r the payment of the b onds with the proceeds
of such cash payments of assessments in full.
Section 6. Additional Securit :t_fo r the Paym~'!!._~~
Principal and Interest. In addition, in accordance with the
City Charter, when ev er f ou r-fifths (4/5) of the bonds of this
issue have been pa i d and cancelled, and for any reason the re-
maining ass essment s are not paid in time to ta ke up the re main in~
bonds and the interest thereon, then the City shall pay said bonda
~hen due and the interest due thereon a nd reimburse itself by
collect i ng the unpaid as sessme nts due the district.
Section 7. The Ci ty Council
coven•nta that upon ca.pletion of the local improvements, or upon
c o11pletion fr011 ti11e to time of •any part the reof, and upon ac-
ceptance the reof by the Council, or when ~ver the total coat can be
definitely ascertained, it will cause a statement showing the
total coat of the improvements to be prepared and filed in the
office of the Director of Finance. The City Council shall further
cauae assess11enta to be levied against the property included
within the apecial improvement district and specially benefited by
the construction and installation of such improvements, in ac-
cordance with law and the Charter of the City.
Section 8. Severability. That if any one or !lore
3ectiona or parta of this Ordinance shall be adjudged u nenf ... rce-
able or invalid, such judgment shall not affect, ioopair or in-
validate the remaining provisions of this Ordinance, it being the
in tent ion that the various provisions hereof are •e-ve-rable.
Section 9 . Repealer. All Ordinances or parts thereof
in confl ict with this Ord i nance are hereby repealed.
Section 10. Ordinance Irrepealable. lifte r said bonaa
are issued, this Ordinance shall be and remain irrepealable
until said bonds and the i nt erest thereon shall have been fully
paid, satisfied and discharged.
Section ll. Hearing. In accordance with Sect ion
40 of the City Charter, the Cit y Cou nc il shall hold a public
hearing on this ordinance, before final passage, at 7 :3 0 P .M. on
Monday, May 15, 197 8.
Section 12. ~!i~~Ef~~Q._~. This
Ord in ance af t e r its fi n al passage , sh all be numbered and r e corded,
and the adoption and publication shall be aut'lenticated by the
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signature of the Mayor and the Director of Finance, ex-officio
City Clerk-Treasurer, a nd by the Certificate of Publication. This
ordinance shall b eco .. effective thirty (30) days after publica-
tion followi~3 final possa9e.
INTROO~CED ~NO RE~ This l•t day of May, 1978.
( S E ~ r.
-------Mayor:------
~'!'TEST:
D1riCtor of Plnance-----
( s £ ~ r.
~TTES'I':
*FIN~LLY P~SSED ~NO ~DOPT£0 Thia 15th day of May, 1978.
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*(The following to be omitted fr0111 publication following fir•t
readin<J and to I» ln•ertecl in the publication f ollowing final
pa88A9e.)
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